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Home My WebLink AboutCC November 2, 1993 ~~ [) \.J , ~" -J .~ CITY of ANDOVER Regular City Council Meeting - November 2, 1993 " Call to Order - 8:01 P.M. Resident Forum Agenda Approval Certificate Presentation Approval of Minutes Discussion Items 1. Assessment Hearing/Delinquent utilities - 8:01 p.m. 2. Assessment Hearing/Delinquent Mowing Charges - 8:01 p.m. 3. Assessment Hearing/89-18 - 8:05 p.m. 4. Assessment Hearing/92-18 - 8:15 p.m. 5. Feasibility Report/93-21/Cedar Crest Pond, Cont. 6. Timber Estates Sketch Plan Staff, Committees, Commissions 7. Approve Street Specification Change 8. Approve Amendment to Development Contract 9 Approve Annual Improvement Program Guidelines 10. Determine LGU/1991 Wetland Act Permanent Rules 11. Approve Fire Department Secretary Non-Discussion Items 12. Approve Law Enforcement Contract 13. Approve Police Liaison/DARE Officer Contract 14. Partial Refund of Escrow/Emerald Glen/93-11 15. Approve Revised Grading Plan/Pinewood Estates 2nd 16. Approve Revised Grading Plan/Leeman Lake Estates 17. Approve Revised Gradins Plan/Hidden Creek East 5th 18. Approve Final Payment/92-18 & 92-29 19. 93-1 Hydrant Relocates/Payment 20. Receive Petition/Woodland Meadows Street Lights 21. Accept September Financial Statements 22. Release and Receipt for Damages/92-5 23. Approve Change Order #2/93-6/Watermain Mayor-Council Input Approval of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE N(H7pmhpT? lqq1 AGENDA 1'0. SECTION ORIGINATING DEPARTMENT Approval of Minutes ITEM 1'0. Admin. Approval of Minutes V. Volk DJ APPROVED FOR AGENDA BY: October 19, 1993 The City Council is requested to approve the following minutes: Regular Meeting '- MOTION BY: SECOND BY: '- ) TO: CITY OF ANDOVER ,- " REQUEST FOR COUNCIL ACTION November 2, 1993 DATE AGENDA t\O. SECTION ORIGINATING DEPARTMENT Discussion Finance APPROVED FOR AGENDA ITEM t\O. Assessment Hearing/Certify Delinquent utility Bills Daryl E. Sulander B~~ rn~ Finance Directo~ ~ /. REQUEST The City Council is requested to approve the attached resolution adopting the assessment roll after the Council has met and heard and passed upon all objections for delinquent sewer, water and street lighting service charges. BACKGROUND '-- The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been notified of the proposed assessment and certification process. The delinquent balances for the proposed assessment totaled $37,149.55 as of October 1, 1993 when the notices were mailed to the property owners. Payments received through October 28th have been applied to the delinquent accounts, reducing the delinquent balances due to $24,792.15. An administrative fee equal to 15 percent of the delinquency plus interest at 8% is added to each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is $30,494.35. The resolution adopting the assessment roll is attached. MOTION BY: SECOND BY: ~- ) TO: r , ~ ) ---- o ~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street light service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 1994 and shall bear interest at the rate of 8 percent per year. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November, 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER LIST OF DELINQUENT UTILITY BILLS TO BE ASSESSED TO COUNTY AUDITOR ..- " \-.J Amount Certified PIN # Service Address Includes 8% Int. 33-32-24-43-0026 2730 - 133rd Lane 56.70 33-32-24-34-0019 2815 - 134th Avenue 36.54 33-32-24-43-0044 2720 - 134th Lane 133.94 33-32-24-34-0060 2828 - 135th Avenue 133.94 33-32-24-31-0009 2940 - 135th Lane 133.94 34-32-24-24-0011 2105 - 138th Avenue 133.94 33-32-24-14-0020 2462-2464 138th Avenue 144.90 33-32-24-14-0010 2503-2505 138th Avenue 78.96 34-32-24-22-0032 2232 - 139th Avenue 133.94 33-32-24-12-0050 2712 - 139th Lane 69.00 34-32-24-22-0048 2230 - 140th Avenue 115.50 34-32-24-22-0069 2239 - 140th Avenue 101.48 33-32-24~12-0015 2613 - 140th Avenue 32.10 34-32-24-21-0015 2108-2110 140th Lane 85.86 33-32-24-11-0039 2539 - 140th Lane 133.94 33-32-24-12-0029 2738 - 140th Lane 101. 48 28-32-24-34-0056 2909 - 141st Avenue 69.00 28-32-24-34-0007 2859 - 142nd Lane 133.94 34-32-24-24-0037 13802 Nightingale Street 69.00 34-32-24-21-0026 13922 Partridge Street 133.94 34-32-24-24-0032 13788 Quinn Street 133.94 0 34-32-24-24-0029 13818 Quinn Street 110.08 34-32-24-24-0007 13819 Quinn Street 133.94 34-32-24-24-0028 13828 Quinn Street 36.54 34-32-24-21-0019 14027 Quinn Street 36.54 34-32-24-22-0061 14005 Raven street 54.00 33-32-24-11-0019 14013 Yukon street 133.94 33-32-24-21-0022 14048 Crocus Street 65.76 33-32-24-32-0010 13547 Heather Street 139.12 33-32-24-43-0002 13453 Crooked Lake Blvd 39.48 33-32-24-13-0024 13818 Crosstown Drive 133.94 34-32-24-22-0007 14041 Crosstown Blvd 183.88 33-32-24-43-0061 2764 - 134th Avenue 101.48 32-32-24-43-0012 3422 - 135th Avenue 198.90 32-32-24-43-0010 3442 - 135th Avenue 198.90 32-32-24-42-0020 3501 - 135th Lane 198.90 32-32-24-42-0032 3521 - 136th Avenue 198.90 29-32-24-43-0043 3452 - 141st Lane 198.90 29-32-24-43-0020 3458 - 142nd Avenue 198.90 29-32-24-43-0017 3522 - 142nd Avenue 198.90 29-32-24-24-0012 3635 - 145th Avenue 198.90 32-32-24-24-0008 13835 Underclift Street 78.40 29-32-24-31-0051 14278 Underclift Street 198.90 29-32-24-31-0003 14329 Underclift Street 52.76 29-32-24-31-0053 14279 Vintage Street 198.90 29-32-24-31-0031 14416 Vintage Street 198.90 29-32-24-31-0060 14346 Woodbine Street 198.90 29-32-24-32-0005 14332 Xenia Street 198.90 " 29-32-24-31-0079 14349 xenia Street 198.90 \.....-1 , "- ,,-j 32-32-24-42-0025 32-32-24-24-0011 32-32-24-44-0053 32-32-24-43-0066 32-32-24-43-0067 33-32-24-44-0028 32-32-24-43-0043 34-32-24-33-0018 33-32-24-44-0004 33-32-24-13-0063 33-32-24-13-0052 34-32-24-23-0014 32-32-24-24-0052 32-32-24-12-0035 35-32-24-12-0044 32-32-24-11-0038 32-32-24-21-0034 32-32-24-21-0058 32-32-24-21-0061 32-32-24-21-0048 32-32-24-21-0080 32-32-24-21-0082 32-32-24-22-0009 32-32-24-21-0021 27-32-24-34-0071 27-32-24-34-0046 27-32-24-34-0058 27-32-24-33-0070 27-32-24-33-0032 29-32-24-42-0051 27-32-24-32-0023 26-32-24-21-0022 26-32-24-21-0024 26-32-24-22-0049 19-32-24-42-0008 09-32-24-41-0005 09-32-24-42-0013 09-32-24-42-0016 09-32-24-42-0015 11-32-24-44-0008 35-32-24-13-0036 35-32-24-13-0031 26-32-24-31-0025 26-32-24-31-0017 26-32-24-23-0056 35-32-24-22-0010 27-32-24-31-0038 27-32-24-31-0027 34-32-24-23-0032 34-32-24-23-0045 34-32-24-23-0026 34-32-24-23-0034 33-32-24-44-0023 33-32-24-41-0057 29-32-24-41-0033 29-32-24-41-0028 29-32-24-41-0025 .,-" . I \.J ~) 13625 Round Lake Blvd 13758 Round Lake Blvd 3321 - 133rd Lane 3535 - 133rd Lane 3547 - 133rd Lane 2491 - 134th Avenue 3447 - 134th Avenue 2353 - 135th Avenue 2475 - 135th Avenue 2646 - 138th Avenue 2720 - 138th Avenue 2303 - 138th Lane 3778 - 138th Lane 3479 - 139th Avenue 1098 - 139th Lane 3287 - 139th Lane 3640 - 139th Lane 3741 - 139th Lane 3777 - 139th Lane 3758 - 140th Avenue 3783 - 140th Avenue 3794 - 140th Avenue 3855 - 140th Avenue 3616 - 140th Lane 2083 - 141st Avenue 2128 - 141st Avenue 2106 - 141st Lane 2220 - 141st Lane 2326 - 141st Lane 3595 144th Avenue 2206 - 145th Avenue 1389 - 148th Avenue 1394 - 148th Avenue 1490 - 148th Avenue 4349 - 153rd Avenue 2569 - 168th Lane 2665 - 168th Lane 2686 - 168th Lane 2762 - 168th Lane 16622 Sycamore Street 13764 Vale Street 13788 Vale Street 14216 Bluebird Street 14378 Bluebird Street 14554 Bluebird Street 13879 Crane street 14441 Osage Street 14440 Quinn Drive 13763 Raven Street 13776 Raven Street 13835 Raven Street 13777 Swallow Street 13449 Wren Street 13544 xavis Street 14367 Jonquil street 14436 Jonquil street 14472 Jonquil street 100.98 198.90 211. 42 488.34 320.36 379.38 653.82 380.10 400.24 191.00 279.54 432.60 401. 42 362.30 512.50 93.04 53.68 102.30 192.92 115.10 543.16 130.90 377.36 237.84 457.74 408.36 184.50 229.72 300.26 96.96 149.92 293.70 250.96 86.20 15.50 52.80 52.80 52.80 52.80 66.92 557.32 385.88 521. 90 396.30 39.12 101.40 148.24 73.10 414.54 365.68 177 .16 387.52 481. 04 158.36 444.10 96.36 109.48 , " \.j () o 29-32-24-14-0007 29-32-24-14-0015 29-32-24-14-0009 32-32-24-44-0077 32-32-24-41-0019 32-32-24-41-0034 32-32-24-41-0009 32-32-24-43-0079 32-32-24-13-0037 32-32-24-13-0052 32-32-24-12-0066 32-32-24-13-0028 32-32-24-13-0016 32-32-24-12-0055 32-32-24-21-0040 32-32-24-21-0028 32-32-24-21-0014 32-32-24-22-0036 32-32-24-22-0063 32-32-24-22-0060 32-32-24-22-0056 32-32-24-22-0052 27-32-24-31-0008 33-32-24-42-0041 33-32-24-42-0025 33-32-24-13-0069 29-32-24-42-0023 27-32-24-32-0019 15-32-24-31-0025 26-32-24-33-0021 27-32-24-31-0014 27-32-24-32-0020 09-32-24-43-0003 09-32-24-43-0006 09-32-24-43-0017 34-32-24-34-0051 14518 Kerry street 14525 Kerry street 14542 Kerry street 13386 Lily Street 13564 Narcissus Street 13583 Narcissus Street 13574 Orchid Circle 13340 Poppy street 13816 Quay street 13821 Quay Street 13983 Quay street 13872 Rose Street 13864 Silverod Court 14001 Silverod street 13980 Tulip Street 14003 Tulip Street 14018 Underclift Street 13970 Yucca street 13954 Aztec Street 13988 Aztec Street 14056 Aztec Street 14072 Aztec Street 14351 Crosstown Blvd 13594 Hidden Creek Drive 13693 Hidden Creek Drive 13761 Northwood Drive 3447 S. Coon Creek Drive 2312 S. Coon Creek Drive 2118 - 159th Lane 1469 - 140th Lane 14357 Partridge street 2320 S. Coon Creek Drive 2602 - 166th Avenue 16522 Arrowhead Street 16658 Zion Street 13349 Nightingale Street 299.16 427.44 156.02 461. 92 63.96 480.28 581. 80 108.78 223.64 353.04 449.92 351. 66 404.38 569.00 335.30 256.52 178.68 431.18 183.66 24.24 92.32 383.60 248.56 116.96 473.72 386.38 336.40 253.40 46.94 168.54 134.14 198.90 79.78 79.78 79.78 55.49 $30,494.35 ========== CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM 1\0. Admin. BY: :I. Assessment Hearing/ Mowing Charges V. Volk O.D' An assessment hearing has been scheduled for 8:01 p.m. to certify delinquent mowing charges. The amount assessed includes an administrative fee of 15% plus 8% interest. The property owners have been notified of the hearing. Attached are a copy of the notice, the assessment roll and the resolution. '- ) V:Attach. MOTION BY: SECOND BY: '-- TO: '-_.) PIN 32 32 24 43 0031 33 32 24 13 0052 , '- '-~ , , ) -j Delinquent Mowing Charges Fund 82209 Address Assessment Amount 13334 Silverod Court 220.79 2720 - 138th Avenue NW 569.49 --- , \_~ o ~ '-- ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 October 11, 1993 Gregge & Barbara Johnson 12645 Lowell Circle Elk River, MN 55330 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota will meet in the City Council Chambers of the Andover City Hall, 1685 Crosstown Boulevard Northwest, on November 2, 1993 at 8:01 p.m. to pass upon the proposed assessment for delinquent mowing charges. The tax identification number, property address and the amount of the delinquent mowing charges to be assessed are listed below. You may at any time prior to certification of the assessment to the County Department of Property Tax Administration, pay the entire assessment on such property to the City Treasurer. If you decide not to prepay the assessment before November 2, 1993, the assessment shall be payable in one (1) annual installment to which an administrative fee of 15% will be added and shall bear interest at the rate of 8%. The right to partially prepay the assessment is not available. The proposed assessment is office of the City Clerk. assessment for all parcels on file for public inspection at the The total amount of the proposed is $642.50. Written or oral objections will be considered at the hearing. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL PIN 33 32 24 13 0052 2720 - 138th Avenue NW $463.00 a~ ;/;-/L Victoria Volk - City Clerk , I '-,J " ) '-./ \ "-) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 October 11, 1993 Drake Construction Inc. 18130 Territorial Road Maple Grove, MN 55369 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota will meet in the City Council Chambers of the Andover City Hall, 1685 Crosstown Boulevard Northwest, on November 2, 1993 at 8:01 p.m. to pass upon the proposed assessment for delinquent mowing charges. The tax identification number, property address and the amount of the delinquent mowing charges to be assessed are listed below. You may at any time prior to certification of the assessment to the County Department of Property Tax Administration, pay the entire assessment on such property to the City Treasurer. . If you decide not to prepay the assessment before November 2, 1993, the assessment shall be payable in one (1) annual installment to which an administrative fee of 15% will be added and shall bear interest at the rate of 8%. The right to partially prepay the assessment is not available. The proposed assessment is office of the City Clerk. assessment for all parcels on file for public inspection at the The total amount of the proposed is $642.50. Written or oral objections will be considered at the hearing. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL PIN 32 32 24 43 0031 13334 Silverod Court NW $179.50 ~!~ Vlctorla Vo - City Clerk \ 'J , " , J \.....,./ "-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF DELINQUENT MOWING CHARGES WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one equal annual installment to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a Meeting this day of , 19 , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , ~ '-) '....... ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t\K). Discussion Item Todd J. Haas, FOR AGENDA ITEM Enginee~ 1'0. Assessment Hearing/89-18 BY: 8:05 P.M. ...j. The City Council is requested to hold a public hearing which is scheduled for 8:05 P.M. for Project 89-18, storm drainage in the area between Jay Street NW and Hanson Boulevard north of 133rd Avenue NW. There is a pending assessment on parcels within this area of the watershed. The public hearing was held in 1989 but the assessment hearing has never been held until now as most of the area has been platted or is fully developed. A preliminary assessment roll is enclosed along with a resolution adopting the assessment roll. Mr. Hubert Smith is concerned about the proposed assessment. The City of Andover has an agreement with the City of Coon Rapids for the trunk and lateral storm sewers. Obviously, the assessments are due to Coon Rapids. Options on Mr. Smith's assessment: 1. Assess as per the roll. 2. Defer the assessment with interest until the parcel is sold. 3. Assess those costs back into the area that is currently being assessed between Jay Stre~t NW and Hanson Boulevard north of 133rd Avenue NW. 4. Assess those costs to the area east of Hanson Boulevard which has not been assessed for storm sewer, but only assess when the area .develops. Note: There is alot of history to this project. The City of Coon Rapids will be here to answer any questions regarding this project. MOTION BY: SECOND BY: TO: "- ,_...) ,~ , ) '----- , '\ , I ....../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT 89-18 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of storm drainage NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of 5.5 percent per annum from ~date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for-Qne year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember the City Council at a regular and adopted by meeting this 2nd day of November , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria volk - City Clerk . \ 'J ~.2~ )CJD ';;f ~; 10 w......" .1~ 21..t( ~~1 . t1rJ..P_ ~ cJ:y ~<'J ~ ~".'. ~~~~ 17; ~ ~~ f?~ t~~~ ~ 9 -I f , (j HUBERT & LORETTA SMmf 13309 JAY ST . )~~ . ;{~{i\~ . ....0 E"~..T. '.:. ;~ ~."'l .. . II! ~."""" (II l'i - l~ ' '..~ .... RI O~~ ~'~19~311 . CITY OF ANDOVER . \ . ) '-- - J i \.( , \ COUNTY SURVEYOR ANOKA COUNTY, MlNNESUIA :".:-;l:l)V:.I~. MINl\;L SUT~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ..-, V PROJECT NO. 89-18 " NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W., in the City of Andover, on November 2 19 93 at 8:05 P.M. to pass upon the proposed assessment for the improvement of storm drainage in the following described area: SE 1/4 of the SE 1/4 of Section 34-32-24 The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 39,832.93 Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to r~ Minnesota Statutes Section 429.081 by serving notice of the appeal ~J upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL l~. J J/ ~.uJ v.'t!:L-/ Victoria Volk - City Clerk ,:j Q ,j4 32 24 44 0002 Hubert & LA Smith ,-\3309 Jay st NW ~ndover, MN 55304 34 32 24 44 0007 James & Margaret Runke 7320 - 152nd Lane NW Andover, MN 55304 " Tony Emmerich Const 2619 Coon Rapids Blvd NW suite 201 Coon Rapids, MN 55433 Lts 1, 2, 3, 4, 5, 6, Blk 1 & Lts 1, 2, 3, 4, 5, 6, Blk 2/Echo Woods Tony Emmerich Const 2619 Coon Rapids Blvd Suite 201 Coon Rapids, MN 55433 Lt 31, Blk l/Echo Woods 34 32 24 44 0004 Milton J & MM Mardaus 13350 Hanson Blvd NW Andover, MN 55304 ,~ ~ ,-) Tony Emmerich Const 2619 Coon Rapids Blvd Suite 201 Coon Rapids, MN 55433 Lts 7-30, Blk 1 Lts 7-25, Blk 2 Echo Woods Plat ( C I i Ie I City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Kirby Estates Outlot A Mr. Bill Ottensmann Director of Public Works City of Coon Rapids 1313 Coon Rapids Blvd. Coon Rapids, MN 55433 labels89-18 ~~ / -;. /r~~''""-'''>'''1> ~ ~! ~ .~ -1 ..L '. \. ..{~ ~'~~'~~~'1!"':".--:-},:;/ CITY of ANDOVER Special City Council Meeting - August 29, 1989, A special meeting of the Andover City Council was called to order by Mayor James Elling at 7:30 P.M., Tuesday, August 29, 1989 at the Andover city Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Councilmembers Present: Councilmembers Absent: Also Present: Jacobson, Knight, Orttel, Perry None James Schrantz, City Administrator; Howard Koolick, Finance Director; .Dave Almgren, Building Official; Frank Stone, Public Works Supervisor; Marc McMullen, Park Board Chairman; Jay Blake, City Planner; Bob Palmer, Fire Chief; others Mayor Elling suggested the following additions to the agenda: Letter from Continental Development, Ordinance 87, and Hay Mobile Home Park. / "- U MOTION by Knight, seconded by Jacobson to approve the agenda as amended. Motion carried unanimously. / Order Improvement/89-18/Watt's Garden Acres Mayor Elling asked why only one bid was received for the project. Mr. Schrantz noted that Coon Rapids took the low bidder and worked on an addendum with the low bidder. He stated that he would like the resolution adopted to keep the files i~ order. It was suggested that the joint powers agreement be approved prior to ordering the improvement. ~ Approve Joint Powers Agreement/89-18/Kirby's, 133rd Ave. MOTION by Knight, seconded by Jacobson to approve the joint powers agreement as presented. Motion carried unanimously. / ~ Order Improvement/89-18, Cont. Mr. Schrantz explained that Hubert Smith will only sign the waiver of trespass if we agree to relocate his driveway (Coon Rapids said they would do that), move a maple tree (Coon Rapids will move it), provide him with a certificate of survey and have his abstract updated. Regarding the ponding, Mr. Smith said that he is concerned that he lost a lot but the appraiser will take - that into account. () .,--, v /- "- \...) ,- -...... o e . v Special City Council Meeting August 29, 1989 - Minutes Page 2 Councilman Knight spoke to Mr. Smith'who said he will not sign the waiver until he has the signed agreement. MOTION by Jacobson, seconded by Knight introducing a resolution ordering the improvement of storm drain, Project 89-18. (See Resolution No. RI49-89) Motion carried unanimously. V Approve Bids//133rd Ave., Kirby's, Maxwell Councilman Jacobson questioned whether the $22,182.30 is part of the Coon Rapids project which is approximately $365,000. Mr. Schrantz noted that it is part of that project amount. MOTION by Jacobson, seconded by Perry introducing a resolution accepting bids and awarding contract for the improvement of Project 89-15 for watermain, sanitary sewer, street and storm drainage construction in the area of Kirby Estates, Coon Rapids Project #89-23, and after the name of the bidder we insert a line saying, this cost is part of a total project of $365,805.35 which is outlined in a letter to the City of Andover from the City of Coon Rapids dated August 22, 1989 and is not to be construed to be an addition to the $365,805.35 but a part of it. (See Resolution No. RI50-89). Motion carried unanimously. Wayne Olson, developer of Kirby Estates asked why his park dedication fee is so high. Marc McMullen noted that he talked to Mrs. Olson and there is some question whether or not the appraiser was actually on the right property when he did his appraisal. Mr. Schrantz explained that this is on the Septe~ber 5th City Council agenda for discussion. I 1990 Budget Howard Koolick noted that in May he received the requ~sts from the department heads and there was a discrepency of 1.1 million dollars. The 1988 revenues were estimated very high. Fiscal disparities were listed twice. Two weeks ago the department heads met and made the cuts shown in the memo. Minor cuts were made in the supply lines, contracted services and salaries were cut from 4% to 3%. Mr. Koolick stated that after those cuts, we came up with a difference of $65,000, resulting in transferring from the administrative trust fund. Two items still to be cut appear in the unallocated area: $60,000 for an administrator and $10,000 for emergencies. Mayor Elling noted that he met with the Northern Coalition to discuss Governor Perpich's proposed tax plan. There will be a special session to deal with this tax plan. They are talking about having us prepare three different budgets. He requested that Howard look at the bill and see how it would impact us. ~~ / -", '-../ -I -I o a: I- z UJ ::5 en en UJ en en c( > a: c( z :i ::::i , ..UJ \ 1: -11. ~ 000 ....00 mw ooZ I-Z O- W:: -, . oa: a:W a.> ~g -Z 0< c: . CI> &lE O)~ E"'CI> effi~ u.....,<{ -C\l c:... CI> . Eco C\l Cij~O) Ci>~(\J j~ .... CI> c: ~ o .... E ::> Z ~ a.. 10 " ... 10 ... ri (,Ilo " CO ci ... CO (,Ilo 0) 10 r-: C\l I":, ... (,Ilo 0) C\l c<i ... <0 (,Ilo ~ 'E Q) '0 'w Q) II: 0) III o .r:: - 'E (j) 1:: Q) .0 ::> :r: C\l o 8 ..i- C\l , C\l (') . 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SMITH - PIN NO. 34-32-24-44-0002 ''\ "'-_/ 89-18 STORM SEHER From 89-18: Previous~y paid by the City of Andover but not assessed: 0.54 Acres (Trunk) 0.54 Acres (Lateral) $500.87 $1.246.94 Total $1,747.81 + $644.28 Interest $2,392.05 Coon Rapids Credit from previous off-trunk assessments 0.54 @ $2, 928.12/Acre = -($1,581.18) From Current 89-18 Assessment: 0.59 Acres (Trunk) @ $1,039.48/Acre 0.59 Acres (Lateral) @ $2,928.12/Acre $613.29 1.727.59 Total 89-18 Assessment $3,151.75 * Interest 7.76% from 1-89 to 10-93 "- , o , ,~ ECHO WOODS - LOTS 1, 2, 3, 4, 5, 6, BLOCK 1 AND LOTS 1, 2, 3, 4, 5, 6, BLOCK 2 .~_) 89-18 STORM SEWER From 8-9-18 - Previously Paid by the City of Andover but not assessed: 2.58 Acres (Trunk) 2.58 Acres (Lateral) $2,393.05 $5.957.61 $8,350.66 + $3,078.05 Interest*= $11,428.71 Coon Rapids Credit from previous off-trunk assessments 1.48 Acres = $2,928.12/Acre -($4.333.62) $7,095.09 Total 89-18 Assessment $7.095.09 12 Lots $591.26/Unit * Interest 7.76% from 1-89 to 10-93 r-...... . \ V u ECHO WOODS - 89-18 - LOTS 7 THROUGH 31, BLOCK 1 AND LOTS 7 THROUGH 25, BLOCK 2 . \ ''-..../ 89-18 STORM SERER Residential (Lots 7 through 30, Block 1 and Lots 7 through 25, Block 2) : 16.08 Acres (Trunk) ~ $1.039.48/Acre 43 Lots $388.72/Unit Non-residential (Lot 31, Block 1) 3.30 Acres (Trunk) x 2 x $1,039.48/Acre $6,860.57 .' '"". \.--./ .~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 1993 Discussion Item Todd J. Haas, Engineering 1--4-1 APPROVED FOR AGENDA AGENDA t-O. SECTION ORIGINATING DEPARTMENT ITEM t-O. Assessment Hearing/92-18 8:15 P.M. BY: '-/. The City Council is requested to hold a public hearing which is scheduled for 8:15 P.M. for Jay street NW, Project 92-18. The notice have been sent to the benefitting property owners. Shortly thereafter the Mayor and myself met with Kurt and Sue Hurst to discuss the proposed assessment. The assessments sent were consistent with the feasibility report as far as the method of assessments. The Hurst's disagreed.with the method of the assessment due to the fact that Jay Street NW was not constructed to the north end \__ ) of the Hurst property. 1. Staff is recommending the public hearing be held to the corrections that are being recommended by TKDA. recommending the unit method which would consist of explain We are 26 units. 2. The City Council is requested to rescind Resolution No. 233- 93 and 234-93. 3. The City Council is recommended to approve the following resolutions: A. a resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, street and storm drain for Project 92-18, Jay Street NW. B. a re~olution for hearing on proposed assessment for the improvement for Project 92-18 and scheduling public hearing for November 16, 1993 at 7:30 PM. City Staff has discussed this with the City Attorney and he is recommending items 1, 2, & 3 as mentioned. MOTION BY: SECOND BY: '- TO: PRELIMINARY ASSESSMENT ROLL PROJECT 92-18 PROPOSED 'j ASSESSMENT '-..../ SENT TO RECOMMENDED PROPERTY UNIT PIN j! LEGAL/OWNER OWNERS ASSESSMENT 34-32-24-43-0001 Lot 5 Watt's Garden Acres $37,188.47 $9,259.76 (Hurst's) 34 32 24 43 0008 Lot 4, Block 1 Pheasant Meadows $5,384.85 $6,291. 71 34 32 24 43 0009 Lot 5, Block 1 Pheasant Meadows $5,384.85 $6,291. 71 34 32 24 43 0010 Lot 6, Block 1 Pheasant Meadows $5,384.85 $6,291. 71 34 32 24 43 0011 Lot 7, Block 1 pheasant Meadows $5,384.85 $6,291. 71 Lot 8, Block 3 Emerald Glen $6,451.35 $6,763.43 Lot 9, Block 3 Emerald Glen $6,451.35 $6,763.43 Lot 10, Block 3 Emerald Glen $6,451. 35 $6,763.43 Lot 11, Block 3 Emerald Glen $6,451. 35 $6,763.43 Lot 12, Block 1 Emerald Glen $6,451.35 $6,763.43 Lot 13, Block 1 Emerald Glen $6,451. 35 $6,763.43 '\ Lot 14, Block 1 Emerald Glen $6,451.35 $6,763.43 '---./ 34 32 24 44 0002 Hubert Smith/13309 Jay st NW $7,223.03 No Change Lot 1, Block 1 Echo Woods $7,218.00 No Change Lot 2, Block 1 Echo Woods $7,218.00 No Change Lot 3, Block 1 Echo Woods $7,218.00 No Change Lot 4, Block 1 Echo Woods $7,218.00 No Change Lot 5, Block 1 Echo Woods $7,218.00 No Change Lot 6, Block 1 Echo Woods $7,218.00 No Change Lots 1-6, Block 2 (6 x $7,218.00) $43,308.00 No Change ---------- ---------- $197,726.35 $175,609.64 +$22,141.36 (City's Share) -------------- TOTAL $197,751. 00 - " ,-,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. :) MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET & STORM DRAIN , FOR PROJECT NO. 92-18 JAY STREET NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 111,645.98 and the expenses incurred or to be incurred in the making of such improvement amount to $ 86,105.02 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 197,751.30. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 22,141.36 and the amount of the cost to be assessed against benefited property owners is declared to be $ 175,609.64. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the ; \ date of the adoption of the assessment resolution. 'J 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November, 19-2i, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor ) '......j Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ,~ MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-18 WHEREAS, by a resolution passed by the City Council on November 18 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 92-18; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 16th day of November, 19 93, in the City Hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. . " '-J 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City November , 19~, Council at a regular Meeting. this 2nd day of with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER '\ ATTEST: \.._~) . J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 233-93 (~ MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-18 JAY STREET NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 111,645.98 and the expenses inGurred or to be incurred in the making of such improvement amount to $ 42,772.37 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 154,418.35. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 154,418.35. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. o 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessea for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 5th day of October, 1993 with Councilmembers Dalien, McKelvey, Knight, Jacobson, F~~ry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ,( :-1- . I~ .( 1/.v4Y~ f:" t../ Vlctorla Vo - City Clerk CITY OF ANDOVER ~. f! ~/ A{iJ~~ ..' . E. McKe vey - May9't / Y 0/ . " ,-) ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 234-93 '~MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-18 WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 92-18 i and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 2nd day of November , in the City Hall at 8:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less ..--..than two weeks prior to the hearings. I '-.-/ 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whol~ of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 5th day of October , 19-1l, with Councilmembers McKelvey, Knight, Perry, Dalien, Ja~Qtscn voting in favor of the resolution, and Councilmembers n''Jne voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ') \...~ III >>lr y~ y. E. McKe vey - M. r u~ tCa victoria Volk - City Clerk , 'l~ -/6 1z. - /0 92--/8 .~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 093-93 A RESOLUTION DEFERRING ASSESSMENTS ON PROPERTY OWNED BY KURT W. HURST AND SUSAN D. HURST. WHEREAS, the City of Andover (hereinafter referred to as "City") is constructing Improvement projects 92-10 and 92-18 which will benefit certain property of Kurt W. Hurst and Susan D. Hurst (hereinafter referred to as "Hursts" and property"); and WHEREAS, such Property is legally described as Lot 5, Watt's Garden Acres, Anoka County, Minnesota; and WHEREAS, the City needs easements over the Property of the Hursts in order to construct such improvements; and WHEREAS, the parties have agreed that the Hursts will grant such easements over the property on the condition that such assessments levied for the improvement projects are deferred upon such terms and conditions set out herein. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Andover City Council: ,0 ." , '-.....-/ 1. That the assessments for Improvement project No. 92-18 shall be levied against the Hurst Property but shall be deferred pursuant to Minnesota Statute 429.061 according to the terms and conditions set out hereafter. 2. That the Hursts agree to waive any rights of appeal under Minnesota Statute 429 pertaining to any issue of whether or not such improvements provide special benefit to their Property. 3. That such deferred assessments shall bear interest at the same rate as the assessments levied against other properties which benefit from the construction of said improvements. Such interest shall accrue and be paid along with the principal amount of the assessment when due and payable as further described in paragraph 5. o 4. Furthermore, the City shall not presently assess the cost of Storm Sewer Improvement Project No. 92-10, or any interest thereon, to Hursts' property nor consider such a pending assessment. This storm water assessment shall be levied for payment as described in Paragraph 5. 5. In the event the Hursts sell all or any portion of their Property against which assessments have been levied but deferred or not assessed pursuant to the above paragraph, all annual installments of principal and interest for the entire Property which would have been due and payable had the assessments not been deferred shall be due and payable immediately on transfer of such property. That all remaining payments of principal and interest shall be paid in the same manner and at the same rate of interest as the assessments levied against other parcels benefited by such improvements. " ~-J 6. That the City Clerk shall file a Certificate pursuant to Minnesota Statute 429.061 against the property of the Hursts which indicates the existence of deferred assessments. Adopted by the City Council of the City of Andover this 4th ,. day of May , 1993. CITY OF ANDOVER Attest: /; 1, !lJ<>~ .E. McKelvey -. May ILL:;A~ ~ Victoria Volk - City Clerk ,~ V ''-.) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~) PROJECT NO. 92-18 " NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W., in the City of Andover, on November 2 19 93 at 8:15 P.M. to pass upon the proposed assessment for the improvement of sanitary sewer, watermain, street and storm drain in the following described area: Watt's Garden Acres and Jay Street NW The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 154,418.35 written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to ~-, Minnesota Statutes Section 429.081 by serving notice of the appeal ~ upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~;:/L; victor~a Volk - City Clerk ,-) n \(y 34 32 24 43 0001 Kurt W & Susan D Hurst 13440 Jay St NW Andover, MN 55304 34 32 24 43 0010 ?kanson Development '--/174 Isanti St NE Blaine, MN 55434 " Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 Lt 9 Blk 3/Emerald Glen Shamrock Development 3200 Main St NW Suite 300 Coon Rapids, MN 55448 Lt 12 Blk 3/Emerald Glen 34 32 24 44 0002 Hubert Smith 13309 Jay St NW Andover, MN 55304 Tony Emmerich Const 2619 Coon Rapids Blvd *201 ,roon Rapids, MN 55433 ~ 3, Blk 1/Echo Woods ~ Tony Emmerich Const 2619 Coon Rapids Blvd *201 Coon Rapids, MN 55433 Lt 6, Blk 1/Echo Woods labels92-18 .~ 34 32 24 43 0008 Hokanson Development 9174 Isanti St NE Blaine, MN 55434 34 32 24 43 0011 Hokanson Development 9174 Isanti St NE Blaine, MN 55434 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 Lt 10 Blk 3/Emerald Glen Shamrock Development 3200 Main St NW Suite 300 Coon Rapids, MN 55448 Lt 13 Blk 3/Emerald Glen Tony Emmerich Const 2619 Coon Rapids Blvd *201 Coon Rapids, MN 55433 Lt 1 Blk l/Echo Woods Tony Emmerich Const 2619 Coon Rapids Blvd *201 Coon Rapids, MN 55433 Lt 4, Blk 1/Echo Woods 34 32 24 43 0009 Hokanson Development 9174 Isanti st NE Blaine, MN 55434 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 Lt 8 Blk 3/Emerald Glen " Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 Lt 11 Blk 3/Emerald Glen Shamrock Development 3200 Main st NW Suite 300 Coon Rapids, MN 55448 Lt 14 Blk 3/Emerald Glen Tony Emmerich Const 2619 Coon Rapids Blvd *201 Coon Rapids, MN 55433 Lt 2 Blk 1/Echo Woods Tony Emmerich Const 2619 Coon Rapids Blvd *201 Coon Rapids, MN 55433 Lt 5, Blk 1/Echo Woods OCT 26 '93 13: 39 TKDA & ASSOC., It-IC. 292-0083 o ANDOVEa SPKCIAL ASSESSMENTS Jay Street N?I PROJECT NAME I!:eho Woods July 20, 1992 FEASIBILITY STUDY: Date Jan. 29. 1993 CONTRACT AWAlU): Date ~pril 20. 199~ l!'TNAI. cnNT~AC'l" coaT Eln9'in."rin9': A.rial Mapping (1' of ~treet} Drainage Plan (0.3' of etreet/~torm} Administration (3.} Aesessinq (It} Invoice Bonding (O.S"} Legal & I!:uement Advertising Testing; r!L""Jn!ll~,..n~to~,.,n 'T'..",t-inn' Pnhl~~ W~~lf. Construction Interest (4.0%' Jay Street 7-92 to 11-93 - 16 Months Eoho Noods 1-92 to 11-93 - 10 Montha 92-18 PROJECT NO.: ~2-29 $ 145~690.00 (92-18} Amount $ 297.477.00 (92-29\ P.2 $ 3~4.89::! 81 Amount $359.950 53/92-18'92-'-9 ~emhinRdl $ 95.583.89 $ 1.014.77 $ 4g8 g9 $ 10.g41;.81 $ ~ '14R 94 fJ 1.7'74.47 $ 0 00 $ 300 88 $ ? QOfi '7'1 $ 344.44 $ 5.954.45 $ B.10B.2g TOTAL CONDEMNATION COSTS TOTAL EXPENSES (% of Final Contract C08t . 1.368145) + S 130.652.3.5 ,-, TO'l'AL PaoJJ:C'1' COST "'J Trnnlt g~n,..~@ ~nd S~t.u~'.3.~@ ~ Water.main: Connection Charge Area Charge Lateral Charge Sanitary Sewer: Connection Charge Area Charge Lateral Charge Storm Sewer: Area Charge TOTAL TRUNK SOURCE AND STORAG~ City Sharlll: + $ N/A - S 48S.S46.1g $ $ $ $ $ $ $ (_Unit @ $ ( Acres Ii $ (_Lr Ii $ (_Units Ii $ ( 1\cres Ii $ ( Lf (j $ ( Acres @ $ +$ Work Previously Done: -$ Subtotal '1'O'1'Az. '1'0 811 ASSlIlSSm> Current Assessment per Lot: $ .. $ ILot Lots :n) '-~ $ $ . OCT 26 '93 13:39 TKDA & ASSOC., INC. 292-0083 CoeG'tl'l'A'l'IORS FOR ASSJl8SMJ1H':S \ o tcho Ridge/Jay Street NW City of Andove~, Minnesota Commi~sion No. 10348 Con.t~ction eo.~ 92-18 ~h@aaant. G1p.n Jav Street Sanita~y aewer $8,754.04 $24,636.09 wate=ain 7,040.95 33,016.70 Sto= Sewer 0.00 7,477.00 ~~~~~~~/~~~~n~~~;nn 388 30 30.3~? 7n Totals $16,183.49'" $95,462.49 P.3 " 92-29 IP,cho Wood!! Total $59,279.47 $92,669.60 65, 936. 65 105,994.30 47,276.40 54,753.40 70.155.31 101 476 51 $243,247.83 $354,893.81 '" ($16,183.49 x 1.368145) - $22,141.36 will be paid ~r~ City o~ Andove~ Trunk runds. At the t~ the ~heas~nt Glen Plat develope, the City of Andov.r will b. reimbursed. , 'J ~ U~I ~~ '~~ 1~:~~ IKDR & RSSOC., INC. 292-0083 P.5 At.%. OIfI'1'S - UCCMcQJ:)&n . "- '.-.J DqJlIllJd) OLD - LO'1'S 8, P, 10, 11, 12, 13, 14, BI.OI:K 3 Lateral. Bene(it 1 . 8anUazy a._J: ($24,636.09 x 1/2 x 7/13} x 1.368145 _ Divided by 7 Lots $9,074.62 $1,296.37 2 . Hatannain (~33,016.70 x 1/2 x 7/13) x 1.36814S - Divided by 7 Lots $12,161.59 .$1,737.37 3. 8to_ S...r ($7,477.00 x 1/2 x 7/11) x 1.368145 _ Divided by 7 Lots $3,254.88 $464.98 4. se~.~./ae.~0~.~10D ($30,332.70 z 1/2 x 7/13} x 1.36814S - Divid8d by 7 Lots $11,172.95 $1. 596 .14 TOTAL LATERAL BENErIT $5,094.86 Trunk Aour~@ atld Atoraae ~5. Kat.l:2Il&in Conneotion Charge Area Charge, 2.57 Acree ~ Sl.038/nn/AcrA _ 7 Lotll 1,12S.00/Unit $381.09 6. SanLtazy ..__ Conneotion Charqe Area Charqe, 2.57 AOrl!!8 ~ 997S.00/Acre _ 7 Lots $269.50/Unit 9357.96 TOTAL SOURCm AND STORAGE $2,133.55 $7,228.41 SUBTOTAL 7. Allow&bl. CJ:.~1e f.om '..vLou. 8P-18 L.t.~a1 Of!-t~ A....-=-ftt. 1.12 Acres 9 S2rg28.12/Aor~ ~ 7 Lots -($46B.50/unit) '1'O'1'AZ. UXZ': CKUQII Lat.ral Stor.m Sewer Credit $7,228.41 -/UIl4 ~A\ '1'otal $6,763.43/Unit ~ 5.5' , 10 Years, Equal payment @ :2tV/~tO If) -~8-"}? OCT 28 '93 13:02 TKDA & ASSOC., INC. 292-0083 P.4 A%.L UHf!'! - U~ID ':-.J J~ ISGOWI - LOTS ", 5, 6, 1, BLOCK 1 Lateral Benefit 1. Sanitary aew.~ ($24,636.09 ~ 1/2 x 4/13} x 1.368145 - Divided by 4 Lots $5,185..50 $1,296.37 2. Wate=ain ($33,016.70 x 1/2 x 4/13) x 1.368145 - Divided by 4 Lote 3. Sto~ S.wer $6,949.48 $:1.,737.37 ($7,477.00 x 1/2 x 4/11) x 1.36814~ m Oivided by 4 Lots 4. 8t:reets/aesto:rat1oD $l,8!l9.93 $464.98 ($30,332.70 x 1/2 x 4/13} x 1.368145 - Divided by 4 Lota $6,384.54 U.!ig6 14 $5,094.86 TOTAL LATERAL BENEFIT \ Trunk Source and Storaae '-./ 5. W.tezmain Connection Charge Area Charqe, Assessed with Projeot 92-10 l,12S.00/Un.it $0.00 6. Sanitary Sewer Conneotion Charge Area Charge, A.sessed with projeot 92-10 TOTAL SOURCE AND STORAGE $269.S0/Unit !Q...Q.Q. SUBTOTAL $1,394.S0 $6,489.36 7. Allgwable C~d!.t t:rom J:rev1o~. 8;-18 Late:ral Off-truak ~.e.~nt. 0.27 Aores 8 $2.92B.12/Acr~ - 4 Lots -($197. 65/Unit) ~OT~ UH%!r CHAlGZ: Lateral Stoen Sewer C=edit $6,489.36 -IS197.6S1 Total $6,291.71/Unit 9 5.5% . ',10 Years, Equal Payment '_..-I ~ ~ f!.€'(/$ED IQ-za-CJ3 OCT 28 '93 13:01 TKDA & ASSOC., INC. 292-0083 P.3 ,) A%.t. ORUB - UCCINNIJmJ:D , HtJU,:/r..OT!S, WAft'S CJAlU)ZH ACUB Lateral Benefit 1. S..u.ta:y Se"e: ($24,636.09 x 1/2 x 2/13) x 1.368145 - Divided by 2 Lots $2,592.75 1,296.37 2 . Wat;eZ2ll&in ($33,016.70 x 1/2 x 2/13) x 1.368145 - Divided by 2 Lots $3,474.74 1,737.37 3 . StO:cll. Se"e: To be assessed at the time of development 4 . Stz:eet;./lte.t;o:at;ion $0.00 (~30,332.70 x 1/2 x 2/13) x 1.368145 ~ Divided by 2 Lots $3,192.27 1,596.14 TOTAL LATERAL BENEFIT $4,629.88 Trunk Source and Storaq~ '-I U5. "at_DIllin Connection Charge.* Area Charge (PreviOUSly aeeessed with Project 87-3) 0.00 0.00 6. 8.nit.~ Se..: Conneotion Charge.. Area Charge (Previously ass.ssed with Project 87-3} 0.00 ~ TOTAL SOURCm AND STORAGE $0.00 TOTAr.. AS811SNIBT (92-18} 2 Units Q $4,629.e8/Unit ~ $9,259.76* . To be asseseed under Project 92-18 but deferred until Lot 5, Watt's Garden Aores is sold or subdivided per City of Andover Resolution No. R. 093-93. .. Watermain and Sanitary Sewer Connection Charges will be aseeesed in the future at the tinl.e of development per City of Andover Resolution No. 093-93. ~J @ REVISF"O 10-23-93 OCT 26 '93 13: 40 TKDA & ASSOC" INC. 292-0083 P.4 SMITH - PXN NO. 3.-32-2.-4.-0002 : ) ~ Lateral Benefit " 1. sanita:y a.we: ($24,636.09 x 1/2 x 1/13) x 1.368145 - "1,296.37 2. "at:.rmain ($33,016.70 x 1/2 X 1/13) x 1.369145 s $1,737.37 3. Sto~ S...~ ($7,477.00 x 1/2 x 1/13) x 1.369145 . $393.45 4 . St:ftI.t:./l\e.to~at:!.on ($30,332.70 x 1/2 x 1/13) x 1.368145 - $1,596.14 $5,023.33 TOTAL LATERAL BENEFIT T"l1n1c ~~ur~A and g~orflae 5 . "ateX>llAin Connection Charge Area.Charge, 0.40 Acres a $l,038/00/Acre . 1, 125.00/t1nit $415.20 ''. 6. \.J San!.t.a:y S._:I: Conneotion Charqe Area Charqe, 0.40 Aore~ Ii $975.00/Aore - $269.50/i1nit s:\qo.OO TOTAL SOURCE AND STORAGm $2,199.70 $7,223.03 'rO'rAL tmI'l' CJ!AP.G1Il Ii 5.5\ 10 Years, ~qual payment .~'. ',-.J (!Jj REv'/jtp /c-Z7-C/3 OCT 26 '93 13:40 TKDA 8. ASSOC" It-IC. 292-0083 P.S ECHO WOOgS - LOTS 1, 2, 3, 4, S, 6, ~ 1: AND tO~8 1, 2, 3, 4, 5, 6, BLOCK 2 :,J Lateral Benefit 1. San1tary S.we~ ($24,636.09 x 1/2 x 12/13) x 1.368145 _ Divided by 12 Lots $15,556.50 $1,296.37 2 . lfat.:main ($33,016.70 x 1/2 X 12/13' x 1.368145 _ Divided by 12 Lots $20,849.45 $1,737.37 3 . Storm S__r ($7,477.00 x 1/2 x 12/13) x 1.368145 _ Divided by 12 Lots 4 . .st~..t./Jle.tor.t!oJ:l $4,121.36 $393.45 ($30,332.70 x 1/2 x 12/13} x 1.368145 _ Divided by 12 Lots $19,153.63 $1. 596 .14 TOTAL LATtRAL B~NErIT $5,023.33 T~nnle Sour"'A And ~~nraO'A 5 . Wate=a!n , .... . I "-.J Connection Charge Area Charqe, 4 77 ~~~~~ ~ S1.0::!8/00/Ae~~ _ 12 Lots 1,125.00/Unit $412.61 6. San1tary S__r Conn"ction Charg8 ~e~ Charge, 4.77 Aor~8 Q SQ7~ OO/~~r~ _ 12 Lot:s $2S9.50/Unit $38'7 50 tOTAL SO~CE AND STORAGE ~'rAL tm:t'r CllMGlI: (92-19} $2,194.67 $7,218.00 Ii 5.5\' 10 Year:s, Equal Payment /- '~ J '-/ h:\ ~ RE.VIStp /lJ-;!7-'t3 . " ..--J .)f , " . '-" " , ,-j 9'2-/8 Regular Andover City Council Meeting Minutes - August 18, 1992 Page 2 PUBLIC HEARING/IP92-18/JAY STREET " 7:36 p.m. Mr. Davidson reviewed the feasibility report for the improvement of sanitary sewer, water. storm sewer and street improvement along Jay Street between 133rd Avenue north to the proposed Commercial Boulevard. Most of the property in that vicinity is being considered for urban development. The Council must decide whether to do the improvement now or wait until the developments are in. This procedure allows the Council to establish an estimated assessment across those ten-acre parcels that are developing into plats so the proportionate share can be assessed when they are platted. The City would then hold that money in escrow until the street is improved. '--.. Mr. Davidson explained the preliminary design of the project is based on poposed street configurations on both sides of Jay Street. The estimated total project cost is $189,400, which would be assessed on a linear front footage basis because of the multiple ownerships of the property. The assessment would apply to a typical urban lot depth along both sides of Jay Street and would be approximately $8.010.65/unit for an average 80-foot frontage lot. The hearing was then opened for public testimony. Hubert Smith. 13309 Jay Street NW - was concerned about the property behind him. The land was taken as easement for the 100-year fl09d and was not meant to be a wet pond. It worked beautifully for the first year: however. it has not been maintained and now is not draining properly. He talked to Public Works about it and recognizes they do not have the staff to keep everything maintained. If the storm sewer from the north is constructed to drain to this pond, he feared it would start to flood his property. Mr. Davidson stated they can do the final pipe design so It will not flood that area. They will not Just dump water into the pond without having some assurance that it w II I work. Jerry Wlndschltl. 3640 152nd Lane - complimented the Council and Staff for starting this project. All except the Smith property Is either owned by developers or Is being negotiated for development, so these plans are important to them. He asked if the Council is looking for a petition from the developer to proceed. Mayor Grttel felt that may be helpful from a traditional standpoint of wanting a majority in favor of a project: however, the Council is under the impression that most of the property is owned by developers who want and need this project for their developments. Mr. Wlndschitl - felt the project should go in before the developments. Mr. Schrantz stated the City would like to see all of them done together. co "~J Regular Andover City Council Meeting Minutes - August 18. 1992 Page 3 <Public Hearing/IP92-18/Jay Street. Continued) " Mr. Wlndschitl - explained when the storm sewer assessment was levied in 1989. the amount passed on to Andover from Coon Rapids differs from what Andover assessed the residents. The assessment also included a lateral assessment. so it appears the area was assessed for lateral work that is yet to be constructed. There is a great deal of confusion on this assessment. It appears the cost of $3,200 per lot for storm sewer does not include ponding. Mr. Windschitl understands that Coon Rapids wil I give Andover credit for the lot expenditures on these parcels. He stated it will be helpful if the two cities would come to an under-standing of what is expected of the cities and the developer-s. He also understood that he and Mr. Stanton should not be assessed for- any lot char-ges whatsoever for storm sewer-. Mr. Schrantz stated Coon Rapids will give Andover cr-edit for wor-k that was not done. He wil i look into the issue further. '\ \J Mr. Smith - reviewed the past events relative to the construction of 133rd. the purchase of the pond, and the development possibi lities as it affected him. Now he is a single-family home on a large lot in this ar-ea which cannot be subdivided. He is not asking for the project. but he is not opposed to it either: however-. he felt he should be treated the same as any other single family unit. If assessed on the size of his lot, he would have to pay almost $17,000, while the other- lots in the area will be assessed $8.000. As a ~ingle lot. he didn't feel he could r-ecoup the $17,000 cost of the project and asked to be treated like the other units in the area. Mr. Davidson stated it has been the policy of the City to treat everyone equally for- equal benefit. Council thought that because it is an undividable lot. the assessment should be equivalent to one unit. Sue Hurst. 13440 Jay Street - respected the right of others in the area to develop. but they have a ten-acre par-cel and they do not feel it is feasible to enter into a contract with a developer- at this time. They have 328 feet of road frontage. which would amount to about a $30.000 assessment. That is in addition to the $17.000 already levied on their- parcel for storm sewer. At the July meeting. she was told the Council did not want to for-ce anyone to develop: but she felt that they would be for-ced to do something they don't want to do with that type of assessment. She didn't know if it was feasible to defer- the assessment for their- par-cel or- stop it at their- souther-n lot line. .,-./ Mr. Davidson thought the entire area could be served with sanitary sewer from the south and could stop at the souther-n lot line. Mayor Or-ttei noted the pr-oblem if Commercial Boulevar-d is constructed. it does not seem feasible to leave 300 feet of street incomplete. He did understand the problem of the large assessment against that parcel if they did not wish to develop. " n \;,Y Regula. Andove. City Council Meeting Minutes - August 18. 1992 "- Page 4 , 'J <Public Hea.ing/IP92-18/Jay St.ee,t. Continued) Ms. Hurst - asked if their property would be assessed for Commercial Boulevard if it runs along their north property line. Mayor Orttel didn't think there would be an assessment because there would be no access to It. The southern route would provide a buffer between the residential p.ope.ty and the businesses the.e now, and that is why that location is being conside.ed. Hopefully the Council wil I .eceive the app.alsals in the next few weeks so a dete.mination can be made on the location of Comme.cial Bouleva.d. Ms. Hu.st - stated they a.e a single p.ope.ty owne. and they p.efe. to iive in thei. home. conside.ing It a full-developed lot. She would like to see thei. assessments,defe..ed until the time is .ight fo. them to develop. She didn't want to have to sell thei. home to pay fo. the assessments. Jim Stanton. 1926 127th Lane. Coon Raoids - owns the prope.ty east of Jay St.eet di.ectly ac.oss f.om the Hu.sts. It is not a 10-ac.e pa.cel. but he does want uti! ities p.ovided to it. If it is not p.ovided with this p.oject as was p.oposed to Ms. Hu.st, he would have to wait until the utilities come f.om the north. He felt it is mo.e p.udent to b.ing the sewe. up f.om the south and to finish Jay St.eet :-,) up to Comme.cial Bouleva.d. He is also wi II ing to combine that pa.cel , ) '-' with othe.s in the a.ea fo. development pu.poses. Cla.ence Wi.kus. 14345 Jav Street - owns a 7.5-ac.e pa.cel and is wo.king on a sale to Tony Emme.ich, who is designing a sketch plan fo. u.ban lot development. One of the issues is the location and const.uction of Comme.clal Bouleva.d. He ag.ees with the need for this p.oject and having the utilities available. Tonv Emme.lch. develooer - owns or Is negotiating for most of the land east of Jay Street. He stated they wil I have lots front on Jay Street and wil I need the sewer In there. This wil I take care of al I of the property up to one of the proposed alternates for Commercial Boulevard. He wil I be bringing in a sketch plan within one or two weeks. Mr. Davidson again stated that entire area could be served with sanita.y sewe. f.om the south. He said It would be very helpful if they had the sketch plans of a] I the poperties to wo.k with in deSigning the project. Council discussion was that a decIsIon on the locatIon of the proposed Comme.cial Boulevard needs to made very soon. as Its location affects this p.oject. noting the p.os and cons of locating the road to divide the residential and commercial p.opertles. Mr. Wirkus - has been thInking about the locatIon of Comme.clal .-, Bouleva.d. He would not be opposed to have the road as a buffer ~' between .esldentlal and busIness. feeling It can be made to wo.k. Q " <.J -' -', '-.J " ; , ' --..J Regular Andover City Council Meeting Minutes - August 18. 1992 Page 5 (Public Hearing/IP92-,18/Jay Street. ContInued) In dIscussing the possibility of closing off Jay Street from the commercIal area. Mr. Schrantz recommended It remain open unless it becomes a problem. Then the City can consIder closing it. Because of the past and present circumstances, Councilmember Perry proposed that there be no further assessment to the SmIth property. Mr. SmIth appreciated the consideratIon but saId It would be faIr that he pay for one unIt Just lIke all the others. The only assessment he felt he shouldn't have to pay Is the one for storm sewer. Council also noted that the situation on the Hurst property seems to change all the time. The City receIved a sketch p~an for subdivision a month or so ago but now they are being asked to consider the ten acres as one parcel. Ms. Hurst - explained the negotIations with the potential developer broke down because of their garage being located in the proposed roadway of the plat and because of the concern of not being able to get financing for the lots that would abut the junkyard. Council felt the location of Commercial Blvd. would impact that heavily. Also, it may be possible to work around the garage wIth the roadway. Council summarized that the location of the proposed Commercial Boulevard must be determined. that the assessment to the Hurst , property must be consIdered. and that the assessment to the Smith property would be for one unIt because It is an undividable parcel. If ordered this evening, there would be a pending assessment on the properties. CouncIl felt that any sale of land would be increased to cover the pendIng assessment, so It would not penalIze those stIlI negotiatIng to sell their land. The project would not be assessed untIl some tIme In 1993. MOTION by McKelvey, Seconded by Perry, to close the public hearing. MotIon carried on a 4-Yes, l-Absent (Jacobson) vote. MOTION by Perry, Seconded by McKelvey, a ResolutIon ordering the Improvement of sanitary sewer. watermaln. street and storm draIn for the area of Watt's Garden Acres. Project No. 92-18. as presented: but ask that the MInutes clearly reflect the concern of the Council for the propertIes held by the Smiths and the Hursts. (See Resolution R145-92) MotIon carrIed on a 4-Yes, l-Absent (Jacobson) vote. 9:06 pm SPECIAL USE PERMIT/REAL ESTATE SIGNS/MEADOWS OF ROUND LAKE MOTION by Smith. Seconded by Perry, a ResolutIon grantIng the Special Use Permit request of Nedegaard Construction Company, Inc., to erect two real estate signs to be locateed at 14325 Round Lake Boulevard NW and 14661 Kiowa Street NW as presented. (See Resolution R146-92) Motion carried on a 4-Yes. l-Absent (Jacobson) vote. Q .' --. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 ITEM f\X). Feasibility Report/93-21/ Cedar Crest Pond, Cont. Todd J. Haas, Engineering ~~ APPROVED FOR AGENDA AGENDA f\X). SECTION ORIGINATING DEPARTMENT Discussion Item BY: .s-. The City Council is requested to continue discussing the feasibility report for project 93-21, Cedar Crest Pond which was tabled from the October 19, 1993 meeting. TKDA is reviewing other options that will be presented to the City Council at the meeting. Attached is the resolution receiving feasibility report and calling public hearing. The hearing would be scheduled for December 7, 1993. '-- Note: please bring with you the feasibility report which is in the October 19, 1993 packet. MOTION BY: SECOND BY: '-- TO: ~ r~) '-/ C) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING ON IMPROVEMENTS OF PROJECT NO. 93-21 ESTATES 2ND ADDITION, ADDITION FEASIBILITY REPORT AND CALLING PUBLIC HEARING STORM DRAINS , CEDAR CREST ESTATES, CEDAR CREST ESTATES AND VALLEY VIEW ESTATES 2ND IN THE VALLEY VIEW AREA. 19th prepared WHEREAS, pursuant to Resolution No. 246-93, adopted the day of October , 19 93 , a Feasibility Report has been by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of November , 19~; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 79,426.31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for project No. 93-21 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 79,426.31 3. A public hearing shall be held on such proposed improvement on the 7th day of December , 19 93 in the Council Chambers of the City Hall at 7:30 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said r~solution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 1993 AGENDA f'O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM f'O. Review Timber Estates Sketch Plan BY: Andover Review COmmittE ~ {P. The City Council is requested to review the proposed sketch plan of Timber Estates as requested by Woodland Development, Inc. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments '-- * The proposed sketch plan is located in an R-1 Single Family Zoning District with a minimum lot size of 108,900 square feet. Thirty-four (34) lots are being proposed. The developer may be requesting variances for lot area. * All lots are requested by the ARC to front onto City streets. * The two southerly proposed streets entering at Round Lake Boulevard may be creating a jog. This may be an ordinance violation but the ARC members will continue working with the developer and the Anoka County Highway Department on this matter. * The ARC is recommending the northerly 2 east and west streets be designed with no horizontal curves which will eliminate direct driveway access to Tulip Street which is a designated MSA street. * All lots will require to meet Ordinance 10, Section 9.06 a(3) which relates to lot size requirements and buildable area. The property is not located within the MUSA area. Therefore, the lot shall be buildable which meets the 39,000 square foot requirement. CONTINUED MOTION BY: SECOND BY: '-- TO: '- '~ * The Water Resource Management Plan which was recently updated and approved by the Andover City Council, Coon Creek Watershed District and the Lower Rum River WMO is to be implemented with the development. * The 100 year pond elevation based on ultimate development will be required to be identified on the preliminary plat. In addition, drainage and utility easements are required for the 100 year flood elevation. * The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Lower Rum River WMO, LGU, MPCA and any other agency which may be interested in the site). Initial contact should be made with the city regarding this item. * There may be wetlands within the plan that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Lower Rum River WMO. The developer shall contact the watershed to discuss the 1991 Wetland Conservation Act that is in effect. . " * The developer is responsible to meet City Ordinance 8 and 10 and all applicable ordinance. Remember: This has not been studied by staff in detail as most of the detail will be reviewed with the preliminary plat. '-J Park and Recreation Commission Recommendation The Commission has reviewed the sketch plan at their October 21, 1993 regular meeting and is leaning to excepting cash in lieu of land. Planning and zoning Commission_Recommendation The Commission has reviewed the sketch plan at their October 26, 1993 regular meeting and is leaning to the recommendations made by the Andover Review Committee. " 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT staff, Committees, Commissions Todd J. Haas, Engineerin~ APPROVED FOR AGENDA ITEM t-O. Approve street Specification Change BY: 1. The City Council is requested to approve the street specification change from two (2) inches to two and a half (2 1/2) inches which has been recommended by the Road Committee (Knight and Jacobson). '-' The Development Committee Task Force has reviewed the recommended change and has discussed the proposed change with Tony Emmerich and Byron Westlund. Emmerich and Westlund have been representing the developers on the Task Force. Attached are 5 other metro cities and the requirements for their street construction. Each City has various types of soils and their pavement design considers the soil type that lie below the Class V base. This item was discussed at the september 21, 1993 City Council meeting. Enclosed is the item and minutes. John Davidson of TKDA will be present at the meeting to answer any questions that you may have. MOTION BY: SECOND BY: \. TO: , ~ STREET SPECIFICATIONS (OTHER METRO CITIES) ~ CITIES PAVEMENT THICKNESS (INCHES) REQUIRED NEW CONSTRUCTION " Allows building const. Blaine No co's until first lift of bituminous is placed. 3 Allows building const. Lino Lakes Uniform fire code is enforced. No co's until first lift of bituminous is placed. 3 Allows building const. Oakdale No ~o's until first lift of bituminous is placed. 3 (Would like to increase to 4) Allows building const. Hutchinson No co's until first lift of bituminous is placed. 3 1/4 to 4 ) ~ Allows building const. Eagan No co's until first lift of bituminous is placed. 3 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACITON '- "-./ DATE September 21, 1993 Todd J. Haas, Engineering APPROVED FOR AGENDA AGENDA t-O. SEC;nON Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM ~. ~ BY: Approve Street Specification Change . .3. The City Council is requested to approve the recommendation of the Road Committee to increase the thickness of the bituminous from two (2) inches to two and a half (2.5) inches for both the rural and urban areas. '--./ Councilmembers Perry and Dalien and Mayor McKelvey have backup information in the side pocket submitted by John Davidson of TKDA. Councilmembers Knight and Jacobson already have copies. MOTION BY: SECOND BY: '\ '---' TO: 'l Regular Andover City Council Meeting Minutes - September 21, 1993 Page 10 -' " \J (Special Use Permit/2134 Bunker Lake Blvd/Auto Repair, Continued) " Clifford Mistelske - stated he repairs anything that is in need of repair, but he is not geared for anything big. He basically works on passenger cars, three-quarter- to one-ton trucks, RV'Si but nothing in the over-the-road type equipment. He would not be able to do the motor work on a 2 1/2-ton truck, for instance. He is restricted by the amount of room he has. Mr. Mistelske stated he has no employees and noted the cars that were cited by the City a year ago were not his. , '--..' M. R. Olson, owner of the property - stated Mr. Mistelske is only one of eight different tenants on that property. He only has stalls for two vehicles inside the building. He asked why Mr. Mistelske should be restricted as it can be reviewed on a yearly basis. The property has been used for vehicle repair, including large semi-trucks, for years. Mr. Olson claimed the parcel is and has been used as a truck terminal since 1940, which has been grandfathered in. As a part of that business, the repair of those trucks is allowed under the ordinance. It was then determined that there are other renters in the same building Mr. Mistelske has his repair business. Mr. Carlberg was not aware of the other businesses and wanted to investigate that as well as the background on the truck terminal businesses, as such uses are no longer permitted under the ordinance. He also wanted to research the granting of the Special Use Permit when there are other renters, as technically the Permit is tied to the property and Mr. Olson. Conditions on the permit would go with the property and any other tenants. Because of the issues raised this evening, the Council agreed to table the ite~ for further research. Staff was asked to research the trucking terminal issue and the repair of those trucks. Councilmembers Perry and Knight withdrew the Second and the Motion. MOTION by Jacobson, Seconded by Perry, to table the item until the next regularly scheduled meeting, but in the mean time until Council takes action, allow Mr. Mistelske to continue what he is presently doing there until we do make a decision. Motion carried unanimously. APPROVE STREET SPECIFICATION CHANGE MOTION by Knight, Seconded by McKelvey, to table this item. Since this item was placed on the agenda, the representatives of the developers have asked to review TKDA's recommendation on this. Motion carried unanimously. SCHEDULE JOINT JUNKYARD TASK FORCE/CITY COUNCIL MEETING "- ,~ The Council agreed to schedule a joint meeting with the Junkyard Task Force for wednesday, October 27, 1993, 7:30 p.m. , '-...) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 1993 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-O. Staff, Committees, Commissions Todd J. Haas, FOR AGENDA ITEM Engineering/ t-O. Approve Amendment to Development BY: Contract ~ The City Council is requested to approve the following items as recommended by the Development Committee Task Force: 1. Building permits can be issued as long as the developers and/or builders build their own access roads (does not include use of right-of-way) which comply with the Uniform Fire Code that has been adopted by the City Council (ordinance 63). '--.... 2. No Certification of Occupancy permits will be issued until the sanitary sewer and watermain have been inspected and accepted by the Public Works Director and the first one and a half (1 1/2) inches of bituminous has been placed. 3. Any violations by the developers, builders or the subcontractors the City, at its option, may refuse to issue building permits to any property within the plat until such default has been inspected to the satisfaction of the City. Items 1, 2 & 3 will be included in the development contract for urban Development. Item 1 will be included in the development contract in the rural developments. MOTION BY: SECOND BY: TO: , I '_./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT staff, Committees, Commissions Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM t\O. Approve Annual Improvement Program Guidelines BY: 9. The City Council is requested to review and recommend Development Policy Guidelines in regards to Annual Improvement Program as recommended by the Development Committee Task Force. Example on how the guidelines work: If a developer has a preliminary plat approved in January, the developer could expect construction to start in June or July. , ~ MOTION BY: SECOND BY: TO: DEVELOPMENT POLICY GUIDELINE ARTICLE I - ANNUAL IMPROVEMENT PROGRAM ~- "- '0 SECTION 1. PURPOSE The purpose of this Article is to establi'sh an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative. This Article also provides an outline of developer responsibility and guarantees. SECTION 2. INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy. Subd. A. Justification -, . '--./ 1.) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood. 2.) This policy is definitely not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, which occurs, will be in an orderly and consistent manner within the fram~work of proper planning and sound fiscal management. SECTION 3. PROCEDURE " 'J Subd. A. Petitioned Improvements 1.) Petitions must be received by the City Engineer on or before October 1 of each year. Petitions for improvements in new subdivisions will be accepted only if a preliminary plat has been approved by the City Council with all conditions having been met. 2.) All petitioned public improvements must be presented to the Council on or before the last regul2[ r~uncil meeting in October of the year preceeding th'o i,or" ,,~ntiltion of the desired improvement. Upon receipt, I:i.~ Council shall refer the petition to the City Engineer for preliminary study and report. Petition received after October of each year will be required to comply with the following project time schedule (see page 21 in Assessment Manual). 3.) The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January. The Council shall receive all reports and shall set the date of the hearing(s) for the first week in March. DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM . , <...J 4. ) Upon completion of the hearings, the Council will to order or to abandon each proposed improvement. those improvements orde~ed, the Council shall: decide For a) Order preparation of final plans and specifications, approve them, call for bids and award contract(s). b) Authorize Attorney to acquire all easements through negotiations or condemnation. c) Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond monies cannot be made until after improvement contracts are executed. Subd. B. Council Initiated Improvement Considerations 1.) As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative responsibility to bring needed or visible improvements to the attention of the City Council. ~,-J 2.) The procedure for this method of improvement origination and consideration follows the same pattern as outlined for petitioned improvements, except that the initial petition form is not required. In place of the petition, either a member of the Councilor the Administra~ion presents a proposed resolution referring proposed improvement to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd. C. Non-Assessable Projects 1.) Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, water storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for th-= :3!,F""ific purposes intended. 2.) Initiation. Non-assessable projects would typically be Council Initiated, as scheduled in the Five-Year capital Improvements Program (CIP). Due to the generally unique nature of these projects, combining as part of an annual improvement program would serve no useful purpose. ~ 3.) Procedures. The procedures for implementation of a non- assessable project shall be the same as those prescribed herein for Council Initiated projects, except that the schedule shall be as established by Council as part of the CIP process. '\ '--/ , \ <J ~~ DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM 4.) Hearin~s. Public hearings are generally not required for those projects, and will not be held unless specifical~y required for a given project. SECTION 4. DEVELOPER RESPONSIBILITIES Subd. A. Development Agreement Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the Council orders the improvement(s). Subd. B. Developer Guarantees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1.) Developer'S improvements (grading, lot staking, erosion control, street lighting, etc.). 2.) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm Sewer) , c.) Street Construction (Concrete Curb and Gutter, Gravel Base and Bituminous Pavement), d.) Boulevard Restoration. 3.) Relocation and/or Protective Improvements for Non- Municipal utilities (Cash Deposit Only). 4.) Developer-Constructed Public Improvements. SECTION 5. ENGINEERING OPTIONS AND RESPONSIBILlcIS: The City Engineer shall have the option and be ''?sponsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs. DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM ,- "- .....,-./. SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE The,~ouncil may give consideration to advancing improvement subject to the following: Subd. A. Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is warranted. If a public hearing is warranted, the City Engineer shall indicate to Council how long the feasibility report will take, and shall set the public hearing date accordingly. If there is no public hearing, consideration will be given upon submission of the feasibility study and report. Subd. C. Council shall consider improvement proposal after receipt of feasibility study and report. If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1-1/2) times the City Engineer's cost estimate to prepare the plans and specifications. ~~ Subd. D. Council then shall approve final plans and specifications, vrder call for bids, receive bids and award contract. Any easements necessary will be .so authorized for acquisition by the City Attorney. SECTION 7. RURAL STREET IMPROVEMENTS The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefitting property owners petition the City and proceed as authorized by Chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimproved rural road presently exists. This option shall be exercised on a priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. The second priority will be qiven to other streets where the best interests of the qeneri"l 1'.Iblic ar(, served. SECTION 8. NON-MUNICIPAL UTILITIES .~ Where non-municipal utilities, such as pipelines and electrical lines cross a subdivision, it shall be the responsibility of the developer to pay the costs necessary for the relocation, realignment, and/or protection of such non-municipal utilities. The developer will have the following options: Subd. A. The developer may have the conflicting utility9ies) relocated, realigned, and/or protected by the appropriate utlility company in advance of Council ordering any public improvement project. ,.- '- ~J --" , '-..../ -~ , 'I '--.../ DEVELOPMENT POLICY - ARTICLE I - ANNUAL IMPROVEMENT PROGRAM " Subd. B. The developer may deposit with the City a sum equal to 150 percent of the engineer's estimate for relocating, realigning, and/or protecting such non-municipal utilities as specified by the appropriate utility company. This deposit shall include all costs for engineering, inspection, legal, financial and related services. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 1993 AGENDA 1'0. SECTION ORIGINATING DEPARTMENT staff, Committees, Commissions Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM 1'0. Determine LGU/1991 Wetland Act Permanent Rules BY: /1; . The City Council is recommended to approve the resolution establishing the Lower Rum River WMO and the Coon Creek Watershed District as the Local Government Unit (LGU) to regulate the 1991 Wetland Conservation Act Permanent Rules which must be effective by January 1, 1994. The interim rules expire December 31, 1993 which is currently administered by the Lower Rum River WMO and the Coon Creek Watershed District. The resolution will be forwarded to the watersheds. , ~- MOTION BY: '- ) TO: SECOND BY: :'~ ,~ :""J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION AND THE COON CREEK WATERSHED DISTRICT AS THE LOCAL GOVERNMENT UNIT (LGU) TO REGULATE THE 1991 WETLAND CONSERVATION ACT PERMANENT PROGRAM. WHEREAS, the interim rules expire on December 31, 1993 and permanent rules must be administered by the LGU's by January 1, 1994. NOW, THEREFORE, BE IT RESOLVED that the LRRWMO and CCWD administer the 1991 Wetland Conservation Act Permanent Program. Adopted by the City Council of the City of Andover this 2nd day of , 19-.il. November CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk - ~ ~ ~ - ----j -,. - - -~ (_~~ta Water~Soil Resources ~~-~ Southbridge Office Building 155 S, Wabasha Streel Suite 104 SI. Paul, MN 55107 (612) 296.3767 Fax (612) 297-5615 Field Offices Northern Region: 394 S, Lake Avenue Room 403 Duluth, MN 55802 (218) 723-4752 Fax (218) 723-4794 3217 Bemidj; Avenue N. Bemidjl, MN 56601 (218) 755.4235 Fax (218) 755-4201 217 S, 7th Street Suite 202 Brainerd, MN 56401.3660 (218) 828-2383 / -- 'lX (218) 828-6036 : ) '--.. Sou1hern Region: P,O, Box 756 Highway 15 S, New Ulm, MN 56073 (507) 359-6074 Fax (507) 359-6018 1200 S, Broadway Room 144 Rochesler, MN 55904 (507) 285.7458 p,o, Box 267 1400 E, Lyon Street Marshall, MN 56258 (507) 537-6060 Fax (507' 537.6368 Melro Region: Southbridge Office Building 155 S, Wabasha Street Suite 104 SI. Paul, MN 55107 (612) 296-3767 Fax (612) 297.5615 (. -\ '- , Equal Upportunity Employer Printed on recycled paper G) MEMORANDUM July 1, 1993 " -RECEIVED ~ JUL 0 7 1993 ! CITY OF ANDOVER TO: Local Government Units (LGUs) Soil and Water Conservation Districts (SWCDs) Other Interested Persons John Jaschke, Wetland Management speciali* FR: RE: WETLAND CONSERVATION ACT - PERMANENT PROGRAM Enclosed is the final Wetland Conservation Act rNCA) Rule adopted by the Board of Water and Soil Resources (BWSR) at their May 26th meeting. This version includes the changes made during the 1993 legislative session (MN Law Chapter 175). LGUs must adopt these rules in their entirety and begin administering the Permanent Program after the rule becomes effective July 26th and before December 31, 1993. LGUs are: A. outside of the seven-county metropolitan area, a city council or county board of commissioners or their delegate; B. in the seven county metropolitan area, a city council, town board or watershed management organization or their delegate; C. for activities on state land, the state .agency with administrative responsibility for that land. We will assume that LGUs that have adopted the Interim Program will continue to operate under those regulations after July 1 until we are notified otherwise. Administration of the WCA Permanent Program will require a serious commitment. on the part of LGUs. LGUs are encouraged to get together with other units of government (counties, cities., SWCDs, watershed districts, cities and townships) to define the roles each will play in program administration. Joint Powers Agreements (JPA) between LGUs are encouraged to facilitate efficient and effective program implementation. A sample JPA is enclosed. - 1 - -, ~~) O:-....~-_.-~ ~ o. ~ o. ~ C'1\Sl ~~ C'1\Sl PAGE 2 - WCA FINAL RULE The WCA funding will be integrated into a block grant approach with local water planning and shore land grants. The WCA grant portion will require an equal local match. Each county will receive a calendar year allocation estimated between $10,000 and $35,000 based on anticipated WCA workload. The various LGUs that have accepted WCA program responsibility within a county will receive cash or technical services -- as agreed to by all the LGUs signing the county grant agreement. The local match must be at least half cash with the remainder in-kind. The in-kind match of services and goods can include personnel salaries and benefits, office space and equipment, vehicle mileage, training expenses, etc. WCA Interim Program administration and Permanent Program development expenses incurred after July 1, 1993 are eligible retroactively as local matching funds for the Permanent Program grants. LGUs are encouraged to consider the match requirements during 1994 budget preparations. The grants will be available in January 1994. The WCA Rule was written to work as a stand-alone document and the rule can be implemented on its own. However, we encourage adoption of the WCA Rule into local ordinances for more efficient program administration. A model wetlands ordinance incorporating the WCA Rule by reference is enclosed. Also enclosed is a WCA Exemptions User's Guide which has been updated to include the Final Rule language and the most recent legal and policy determinations. " 'j \,-.J Two other items enclosed are: 1.) A listing of MN DNR Conservation Officers. Contact your local Conservation Officer jf a violation occurs or if another enforcement action is necessary. 2.) A draft Wetland Banking Project Record Sheet. This can be used to track wetland projects so that those developed by LGUs during the Interim can be readily converted into the state wetland bank after the Permanent Program is adopted. .~ o A number of forms, the state wetland banking database, and an annotated version of the WCA Rule will be developed and ready for distribution at the WCA Administrative training sessions to be conducted around the state in late September through early November. Please distribute this information to other staff and members of the public who need it. Call your Board Conservationist if you have questions. enc. c: Wetland Heritage Advisory Committee Wetland Rule Working Group DNR Wetlands Staff Joe Basta, MACPZA Howard Peterson, MAWD DWayne DeZiel, MASWCD Dave Weirens, AMC Jennifer Park, Office of the Attorney General BWSR Board Members BWSR Board Conservationists Interagency Wetlands Group Gary Wehrenberg, MACDE John Dooley, MAT Joel Jamnik, LMC .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 2, 1993 -, AGENDA SECTION Na Staff, Committees, Commissions ITEM 1\0. Appoint Fire Department Secretary I/. REQUEST MOTION BY: ,~ TO: DATE ORIGINATING DEPARTMENT APPROVED Admi n i s t r a ti on FOR AGENDA ~AV 8~ Daryl E. Sulander~~' Acting Administrator SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 Non-Discussion Items Administration APPROVED FOR AGENDA AGENDA t-O. SECTION ORIGINATING DEPARTMENT ITEM t-O. Approve Law Enforcement Contract Daryl E. SUlander~ Acting Administrator BY:W /,<. REQUEST The city Council is requested to approve the attached resolution approving the 1994 Law Enforcement Contract with Anoka County and the Anoka County Sheriff. The 1994 contract maintains the current level of service for $428,626.00, which is $5,908.00 higher than 1993, a 1.4% increase. '-) MOTION BY: SECOND BY: '- TO: o '\ '--.,) .:] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. R -93 A RESOLUTION APPROVING THE 1994 LAW ENFORCEMENT CONTRACT BY AND BETWEEN THE COUNTY OF ANOKA, THE ANOKA COUNTY SHERIFF AND THE CITY OF ANDOVER. WHEREAS, the City of Andover is desirous of entering into a contract with the County of Anoka, through the Office of the County Sheriff, for the performance of the law enforcement functions defined in the contract attached and incorporated herein; and WHEREAS, the County of Anoka is agreeable to rendering such services and law enforcement functions on the terms and conditions set forth within the contract; and WHEREAS, such contracts are authorized and provided for by M.S. Sec. 471.59 and M.S. Sec. 436.05; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby authorize the ~ayor and City Clerk to enter into the agreement for law enforcement services with the County of Anoka and the Anoka County Sheriff herein attached. Adopted by the City Council of the City of Andover this November , 1993. 2nd day of CITY OF ANDOVER ATTEST: J. E. McKelvey -Mayor Victoria volk - City Clerk '0 " "- \ '--.I " " '-.J LAW ENFORCEMENT CONTRAcr THIS AGREEMENT, made and entered into this day of , 19__, by and between the COUNTY OF ANOKA and the ANOKA COUNTY SHERIFF, herein after referred to as the "COUNTY" and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY", for the period of January 1, 1994 through December 31, 1994 WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the County Sheriff, for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by M.S. Sec. 471.59 and M.S. 436.05; NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: 1. PURPOSE The County, through its County Sheriff, agrees to provide pOlice protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. 2. SERVICES TO BE PROVIDED BY COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Anoka County Sheriff pursuant to Minnesota Law, and in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by M.S. 436.05. B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. 1 u Such services shall include the enforcement of the Minnesota State statutes, and the municipal ordinances of the City of Andover. D. The County shall furnish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph 2.E. of this Agreement, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this contract. C. The County agrees to provide law enforcement protection as follows: For the period of January 1, 1994 through December 31, 1994, the Sheriff' s Office will provide thirty-two (32) hours per day of daily patrol service 365 days per year. Said daily patrol service shall be exercised through the employment of two patrol cars, to be supplied, equipped, and maintained by the County, and staffed by Sheriff' s deputies. Further, said daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal ordinances. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph 6 herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. F. The County patrol cars used for providing the services pursuant to the CONTRACT, shall be stored on premises owned by the Municipality. In the event that a suitable and secure storage location is not provided, in the determination of the Sheriff, the patrol cars will be returned to the Sheriff' s Office at the end of each shift. /--'\ '-J E. A. 3. DUTIES OF MUNICIPALITY B. Q It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this agreement. This contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. 2 cJ , -.", '0 /\ o 4. COMPENSATrON/TERM The Municipality hereby agrees to pay to the County the sum of $428,626.00 for law enforcement protection as herein specified for the year 1994. Said contract sum is payable in four (4) equal installments with the first installment due on April 1, 1994, with remaining installments due on July 1, 1994, October 1, 1994, and December 31, 1994. 5. RENEWAL This contract may be renewed for a successive period of one (1) year. Said renewal shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current contract, the County, through its County Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. B. Not later than ninety (90) days prior to the expiration 9f the current contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current contract. 6. LAW ENFORCEMENT COMMITTEE The County, through its County Sheriff or his designees, agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality. The purpose of said meetings shall be to make suggestions for improvement in the implementation of this contract or for amendments thereto, provided, however, that no such suggestion or amendment shall be binding on either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff. 7. DrSBURSEMENT OF FUNDS All funds disbursed by the county or the Municipality pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 3 8. STRICT ACCOUNTABILITY ~J A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. 9. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. 10. TERMINATION This agreement may be terminated by either party at any time with or without cause upon not less than 120 days written notice delivered by mail or in person to the other party. Notices delivered by mail, shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. /-'. o For purposes of delivering any notices hereunder, notice shall be effective delivered to the Anoka County Sheriff, 325 Jackson Street, Anoka, MN. 55303, on behalf of the County; and the city Manager of the city of Andover, 1685 Crosstown Boulevard N.W., Anoka, MN. 55303, on behalf of the Municipality. 11. NOTICE 12. INDEMNIFICATION The City of Andover and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the acts or omissions of the respective offices, agents, or employees, relating to the activities conducted by either party under this agreement. 13. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or (J 4 C) , "- i '----'" , 1 'J modifications of the prov~s~ons of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. l:N Wl:TNESS WHEREOF, the Municipality, city of Andover, by resolution duly adopted by its governing body, has caused this agreement to be signed by its Mayor and attested by its Clerk, and the COUNTY OF ANOKA, by resolution of the County Board of Commissioners, has caused this agreement to be signed by the Anoka County Sheriff, the Chairman of the Anoka County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. Cl:TY OF ANDOVER COUNTY OF ANOn Mayor Chairman, Anoka County Board of Commissioners ATTEST: ATTEST: City Clerk John "Jay" McLinden County Administrator Anoka County Sheriff Approved as to form: Assistant Anoka County Attorney 5 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Items Administration APPROVED FOR AGENDA ITEM t\O. Approve Police Liaison/D.A.R.E Officer Contract Daryl E. sulander~~ Acting Administrator BY:~ /3. REQUEST The City Council is requested to approve the attached resolution approving the 1994 School Liaison and D.A.R.E. Officer services contract between the Anoka-Hennepin School District No. 11 and the city of Andover. The 1994 contract maintains the current level of service for which the City of Andover will be reimbursed $2,908.00 by the school district. '-- MOTION BY: SECOND BY: "- TO: , , 'J ~ :J Contract for School Liaison and D.A.R.E. Officer Services Between the Anoka-Hennepin School District No. 11 and the City of Andover This contract by and between the City of Andover (hereafter referred to as "City") and Anoka-Hennepin Independent School District No. 11 (hereafter referred to as "District") is entered into under Minnesota law. 1. DEFINITIONS. Police Officers working in the District will be engaged in authorized programs. Officers in the D.A.R.E. program in the elementary schools will present the approved prevention program which is a part of the fIfth grade Health curriculum. 2. OFFICER CONTRACTED BY CITY. City shall contract in accordance with applicable state statutes a police officer or officers to serve as D.A.R.E. officer(s) in District schools. City shall assume all obligations and payments with regard to officers' contracts. District will reimburse City as defIned in Part 10 of this document. 3. TERM OF CONTRACT The term of this contract shall be July 1. 1993 to June 30. 1994. District fIscal year. 4. ADMINISTRATION RESPONSIBILITIES Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance. discipline of the officer assigned. and other intemal matters. shall be determined by the normal contract of City. If requested. District shall provide City with an appraisal of the services received. 5. LEVEL OF SERVICE The offIcer will respond to emergency calls within the boundaries of City and attend police training and special duties as determined by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc. shall not be considered to be time spent as a D.A.R.E. officer. 6. DUTIES OF OFFICER The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District. 7. CLOTHING, EQUIPMENT, AND SUPPLIES ~--J City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties. 8. SCHOOL CALENDAR " District shalI provide City with a school calendar. 9. TERMINATION Either party may terminate this agreement upon ninety (90) days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination. 10. DURATION AND COST For and in consideration of the provision of School Liaison Officer and D.A.R.E. Officer services in accordance with the terms of this contract. District shall pay City the sum of 50% of the levy alIocation upon the preliminary notification by City that officer has been assigned and there is proof of service. This should be completed by October I, 1993. The remaining amount shall be calculated and paid to City after January I, 1994. Proof of service shall be considered to be a regular assignment of the School Liaison officer and/or the successful scheduling and implementation / '\ of the D.A.R.E. program in each of the schools listed in this contract. o 11. SERVICE TO SCHOOLS The folIowing elementary schools shalI receive D.A.R.E officer program services as a result of this contract: Andover Elementary School Crooked Lake Elementary School 12. SCOPE It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes alI oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands City of Andover Anoka-Hennepin School District No. 11 by: by: .- " '-J its its Superintendent Date:. Date: .:--J /--, I '-/ " "- , '-J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 A RESOLUTION APPROVING THE CONTRACT BY AND BETWEEN THE CITY OF ANDOVER AND ANOKA-HENNEPIN SCHOOL DISTRICT NO. 11 FOR SCHOOL LIAISON AND D.A.R.E. OFFICER SERVICES FOR THE 1993-1994 SCHOOL YEAR. WHEREAS, the City of Andover is desirous of entering into a contract with Anoka-Hennepin School District No. 11 for the Police Liaison and D.A.R.E. Officer Program at Andover and Crooked Lake elementary schools for the 1993-1994 school year; and WHEREAS, Anoka-Hennepin School District No. 11 is agreeable to participating in said program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby authorize the Hayor and City Clerk to enter into the agreement for Police Liaison and D.A.R.E. Officer services with Anoka- Hennepin School District No. 11 for the 1993-1994 school year. Adopted by the City Council of the City of Andover this 2nd November , 1993. day of CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER ,-, REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering APPROVED FOR AGENDA ITEM t-O. Partial Refund of Escrow/ Emerald Glen/93-11 ~ BY: /1. The City Council is requested to approve release of a total of $3,331.00 plus interest for Emerald Glen. Total to be returned is $3,331.00 + interest. Note: The City has received the Letter of Credit as cash escrows for City installed improvements, Project 93-11. '-- MOTION BY: SECOND BY: TO: /-" CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE November 2. 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering /' APPROVED FOR AGENDA ITEM 1\0. Approve Revised Grading Plan/ Pinewood Estates 2nd BY: /5. The City Council is requested to approve the revised grading, drainage and erosion control plan of Pinewood Estates 2nd Addition as being developed by Continental Development Corporation. City Staff and the developer have met to discuss the changes that have been made. They have been reviewed by the Building Official. Therefore, it is recommended to approve the revised plan. '- MOTION BY: SECOND BY: ) TO: . " -J '\ ,-_/ ~ ') ~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF PINEWOOD ESTATES 2ND ADDITION AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORPORATION IN SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 089-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 27, 1993 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 2nd day of November , 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER , - .... REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA r-n SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM f\O. Approve Revised Grading plan/ Leeman Lake Estates BY: /~. The City Council is requested to approve the revised grading, drainage and erosion control plan of Leeman Lake Estates as being developed by Dan Christensen. City Staff and the developer have met to discuss the changes that have been made. They have been reviewed by the Building Official. Therefore, it is recommended to approve the revised plan. The changes that have been made lower the lowest floors on Lots 3-5, Block 1. \.. MOTION BY: SECOND BY: ,- '- ) TO: , " ,-~ ) , -~ '-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED LEEMAN LAKE ESTATES DAN CHRISTENSEN RANGE 24, ANOKA COUNTY, MINNESOTA. GRADING AND DRAINAGE PLAN OF AS BEING DEVELOPED BY IN SECTION 12, TOWNSHIP 32, WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 111-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 25, 1993 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 2nd day of November , 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE November 2, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion Item ITEM 1\0. Approve Revised Grading plan/ Hidden Creek East 5th Addn. BY: 17. The city Council is requested to approve the revised grading, drainage and erosion control plan of Hidden Creek East 5th Addition as being developed by Good Value Homes, Inc. City Staff has reviewed the changes that have been made. They have been reviewed by the Building Official. Therefore, it is recommended to approve the revised plan. The changes that have been made adjust lowest floor elevations. The lots effected are the following: - Lots 3-8 and Lots 11-16, Block 1 - Lots 2 & 3, Block 2 Note: The revised plan is available for review in the Engineering Department. MOTION BY: SECOND BY: , ---- TO: " ~ , ~_/ ,--\ ~ ~ v CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED HIDDEN CREEK EAST 5TH ADDITION GOOD VALUE HOMES, INC. RANGE 24, ANOKA COUNTY, MINNESOTA. GRADING AND DRAINAGE PLAN OF AS BEING DEVELOPED BY IN SECTION 34, TOWNSHIP 32, WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 15, 1993 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 2nd day of November 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2. 19<n AGENDA t-O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM t-O. Approve Final payment/ 92-18 & 92-29 BY: It. The City Council is requested to approve the resolution accepting work and directing final payment to C.W. Houle, Inc. for Project 92-18 & 92-29 for the improvement of sanitary sewer, watermain, street and storm drain in the following area: Jay street NW (Watt's Garden Acres) and Echo Woods. Attached is a memo from TKDA recommending approval. \ ',- MOTION BY: SECOND BY: . ) -- TO: " \ '-..J , " J / " \._~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.W. HOULE, INC. FOR PROJECT NO. 92-18 & 92-29 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: JAY STREET NW (WATT'S GARDEN ACRES) AND ECHO WOODS WHEREAS, pursuant to a written contract signed with the City of Andover on April 20 , 19 93, C.W. Houle, Inc. of Shoreview, MN has satisfactorily completed the construction in--- accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a meeting this 2nd day of regular November , 19 93 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk o TKDA ENGINEERS. ARCHITECTS. PLANNERS TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED October 18, 1993 1500 P1PERJAFFRAY PLAZA 444 CEDAR STREET SAINT PAUl. MINNESOTA55101,2140 PHONE:612f202-4400 FAX:612f202-0083 Daryl Sulander Acting Administrator 1685 Crosstown Boulevard NW ~dover,~ll1nesota 55304 Re: Echo Ridge/Jay Street NW Utility and Street Improvements City Projects 92-29 and 92-18 City of ~dover, ~ll1nesota Commission No. 10348 Dear Mr. Sulander: The above referenced project, including fmal punch list items, has been completed. The final contract amount is $354,893.81. The original contract amount was $359,950.53. The construction cost estimate in the Feasibility Reports were as follows: () Jay Street NW - 7-20-92 Echo Ridge - 1-29-93 Total $145,690.00 $297.477.00 $443,167.00 Enclosed please fmd the following for your review and City Council approval: 1. Change Order No.1 (Compensating) 2. Certificate No.4 (Final) 3. Project Oose-out Documentation a. Withholding Affidavit for Contractors (IC-134) b. Bonding Company Consent Letter c. Lien Waivers I reconunend approval of Certificate No.4 (Final) in the amount of $22,002.40. If you have any questions, please call. S incerel y , ~()?~ Thomas A. Syfko, P.E. CJ T AS/mha Enclosures CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 ITEM t-D. 93-1/Hydrant Relocates/Payment Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA t-D. SECTION ORIGINATING DEPARTMENT Non-Discussion Item BY: /9. The City Council is requested to approve the payment for hydrant relocates project 93-1, which is at the intersection of Crosstown Boulevard and Bunker Lake Boulevard. The hydrants were relocated to allow for turn lanes at the intersection which will have signals installed most likely in 1994. '-.) The total amount of payment is $4,465.51 which will be paid from the Water Trunk Funds. MOTION BY: SECOND BY: "- TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE November 2, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion Item ITEM I'D. Receive Petition/Woodland Meadows street Lights BY: dO. The city Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for woodland Meadows area for street light installation, Project 93-8. Total number of lots that benefit from street lights in the above mention area is 78 (the Park area is not included). Number in favor of street lights - 50 Number against street. lights - 15 Number unavailable - 13 / '-.) Note: If a property owner signed the petition but did not give an address or did not vote or did not sign the petition it was considered unavailable. MOTION BY: SECOND BY: ,- ,_ ) TO: ~J (j ~) CITY or ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF ORDERING PREPARATION STREET LIGHTING , PROJECT AREA. NO. 93-8 IN THE WOODLAND MEADOWS WHEREAS, the City Council has received a petition, dated October 13 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to AEC and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ~j -,.,.'""'-., - .... ........ 'G'~"" .. -':, , . ~., , I \.i. ,: ....... ' /y -:.~~.- .- -;'?!.~"""."~~" ;.,- ~; ~. ~,:"," ',.,,-~ RECE!VEJ) :~,;: :"~}f.' " FEB 1 1 1993 CITY of ANDOVER ~1' $\}--/ I ;/ ~,tt!~ j 4-1 V(AO 0v \\, ~<, {\P jX' y We, the undersigned, owners of real property area: CITY OF Al\lIfNr::R Date: :11 [1 3 '13-8 No. Gentlemen: \~(~~,( n'\.&u~'\,J S0.rec-t LCi I'L K in the following described RECEIVED OCT 13 1993 ell)" Ur ANUUVER said area be improved by NO '] ~- V\J ' bGWJ;\ (J N-G",,-_*;;L..DRJ.&l.'''-K lA' Iv l5\:J\..~ ~J .-"."',"", ((J) ".\ \1."\. .:- .:' ~ . ,;,'-. -'-!..,...,~'-- CITY of ANDOVER " Date: 2 -7- 93 93-8 " " No. Gentlemen: We, the undersigned, owners of real property in the ~~~~\p~~ibed area: W ccdlaYld. l1eo.~w$ OCT 1 3 1993 CITY OF ANDOVER ,.~ ~) do hereby petition that said portion of said area be improved by con~~~_uT~.Of ~ ~:i.ittyy..? _ ~""'~$r ~~ _ . ~ 4:L(j0~ VL~ /12- ~. . . / y',- ./+:??l-, < 1'- G. ;(j., ')1 Yl" ~->. \ u / :7.1".1 C',~,/.., ;vi :,V ~. U and that the cost of said improvement be assesseoVag jnst the benefiting ~ proPE:!rty, as authorized by. Chapter~29, Laws.,... of Minnesota: '" . ./~~C'vt(.. v-J1'-7ctcA i!:ol,,.., IIb'i~JGA<fr-lc/~e.._A- u..u ~~ S~NATURE 0 OWNER ADDRESS-I7 -' LEGAL DESCRIPTION YES ): ,r,'" ~ - -'/ot;.,....;.'~.,i ''", .... ~ ' :\ '.I .. M . , "A' J. , ,. J'/,:;:;. ,'1) '(i!</0' . I '.') \ ~h y/ ~.'.O/ c~ c J,I 3 f ;) J / I c/ /,-1 v c- , , . /v:..U V. /,/' I ~ .' . .,,' '~/?""' ,.....1 " _~',:..-r ' -;/.' ., .. -'i -. tv;;'- ~ 'flU 11~li ./ " '7 '1' "3 f_- l i ,-~.,t C"/ \;"\A...).. ,...- -- (;!tlM"'LM:H' ,,/yj", f"~ 'U () /.J L / v/ v 'j6l-- Z2W"'l1~VC'V 1\(\ r\. "Ie) ~K'a3)_\l .. ",TAL- ~~.. ' L./ , , ~J /Q' ~. .-"""""'\ 1 ' 1 \, I : '.. ..... I .~. . .Y...... - : .~~_.- CITY of ANDOVER " Date: 2-7-93 " a~-8 No. / Gentlemen: We, the undersigned, owners of real property in area: tll~~~l\1~i)scribed vV{xd / C1y,j ,vI e<<:k w~ OCT 13 1993 CITY nF ANDO\!ER do hereby petition that said portion of said area be improved by Construction of City ~.;-ree.T- .?/;;-::>J -r/'7: ' and at the cost of said improvement be assessed against the benefiting perty, as authorized by Chapter 429, Laws of ~nesota. V Prf1 ~ r71.-71 ~ ccr-Y\f1 ;C SIGNATURE OF OI'lNER ADDRESS LEGAL DESCRIPTION YES NO () ./ 4dr:R..{;/~'< / d368 ~f~., (2 / ".___\ IJv.-.. , I.L-e 02. 3 I G, V' ... (J) I J!-, -- ~ ...I ) : -j "'/..J 1 . v' 'l/,/!; ~... P/,;j;~T/' , - ./-r;,.,.....J/JI ~ /00 <,. I 7.'/-~ ~~_ _vW- CJ ~/ 1\AJ~.t{J-V 2 ?U ~ - 7 '-f+--vr- N ":T~~ petiti,~n was circulated by: ~,~~A1:tf{ hl""-'- J.1517 -12!,tP- ~ f\JVIJ , /!fn:-/~{h~ 23r5" -11G-f-- -fuv.{ I'vJ I I Ix L---./ x y "lorl'J- /0 7 ~j .,,~ . "= ' "" (0.\ \1'\. / ......... 7'" -...~;:..:>"- CITY of ANDOVER " Date: 2-7-93 " I' No. 93-8 Gentlemen: We, the undersigned, owners of real property ~n the following described area: RECEIVED OCT 13 1993 CITY or 19,:'~[)O"jER do hereby petition that said portion of said area be improved by Construction of City 6t-,..<:'e"t' (''g-I1-h'd--" \lV,:cd b0d M P/tl1J It' J, CJ a~tha~_t~ost of said improvement be assessed against the propert~~~":uthorized by Chapter 429, Laws of Minneso~_ v' k,.)CtAU I ~ z liD ~ fOtf't:tttVda.e. 1'--' S~&NATURE OF OwrlER ADDRESS LEGAL DESCRIPTION YES \ ) " . .1--).' I' 1 . _ L.J "- v: ,/\i l..llr.J 1 1:-. I", iC/ ~ ...~1l.'~;.J;1\ ' ~.:;, lB II' (.J;., It! 'J V . DZ-Z I /7' benefiting NO tW ,~ uJ IK, >< >< circulated by: , 111?~~~ [?rfIV ~D<6q - /1Sh- ~ ruiN x~ y io-r/tt.- 1'1 3 ,. - -.-~ 1.: ru" <.oN... .W,.. ... "l:r ...., '~:'a'~' '~,.. o N '" N (J. /717/f 17/~ nrAL "..,S r#lf'/7" "'/'17 1.,'1"/t 1-. YeS. s-o /JEI .EAT -= 78 I I I No Ii? I I I I i :;52' I~ 13'+-7 :: ~,-- 1,&?--'1 L.l I IllIZI /1>111 ;::: !!:' w....'... ..........-.';.. ,. ,0,. '-: -;~'~~,t~F~/ " .. .,v...1"- - AGENDA fIO. ITEM fIO. dl. ! . I , , -- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2, 1993 SECTION Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA Finance Receive September Financial Statements Daryl E. Sulander 0/ Finance Director~~ BV)fj REQUEST The Andover city Council is requested to receive the September 1993 financial statements for the General, water, Sewer and central Equipment Funds. please note: 1) The original estimated building and related permit revenue for 1993 has been surpassed. The amendment adopted August 17th recognizes and allocates revenue for another 100 new homes for 1993. The amended revenue figures were attained in early October. 2) These statements include the amended budgets adopted by resolutions R016-93 on 1/19/93, and R186-93 on 8/17/93. 3) Fire Department expenditures include $53,000 of accrued point pay for December 1992 through September 1993. All point pay is paid to the fire fighters in December each year. 4) The Water and Sewer Funds third quarter billing has been prepared and released. The due date is November 5th. Water sales and revenue are only slightly lower than last year due to the above normal rainfall so far this summer which has been offset by the growth in the customer base. 5) The Central Equipment Fund is operating smoothly. Revenue and expenditures are within budget projections at this time. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. MOTION BY: SECOND BY: " ) TO: , CITY OF N'mOVER YEAR TO DATE SU~~ARIES GENERAL, WATER, SEWER N'1D CENTRAL EQUIPME~f[ FUNDS As of 30Sep93 , '-..../ Revi sed Budget Year to Date Percenta'~e Actual Rell\3ining --------------- -------------- ---------- GENERAL FUN D REVENUES ----------------------- ----------------------- GENERAL PROPERTY TAXES 1,296,030.00 654,030,33 49 BUSINESS LICENSES AND PERMITS 17 ,025.00 15,325.00 9 Na1-BUSINESS LICENSES & PERMITS Building Related 351,222,00 341,744.66 0 Other' 1,550.00 6,703.50 11 INTERGOVERNMENTAL REVENUE 652,215.00 377,059.94 42 CHARGES FOR SERVICES Street Lightin'~ 90,300,00 46,692.23 48 other 27 ,600.00 44,096.46 (59) 1 '_;OURT FINES 31,000.00 23,188,03 31 SPECIAL ASSESSMENTS 3,000.00 1,662.92 44 MISCELLN'~EOUS REVENUE Inter'est Earned 44,000,00 13,412,20 69 Refunds and Reimbursements 31,000.00 5,082.21 83 other 9,000,00 16,651.33 (85) TRANSFERS FROI~ OTHER FUNDS Fran Admin. Tru5t Fund 61,498,00 100 From TIF 1-1 Fund 24,000,00 100 From TIF 1-2 Fund 6,000,00 100 ------------ ------------ TOTAL GENERAL FUND REVENUE 2,663,440.00 1,553,962.81 41 ------------ ------------ ------------ ------------ , , '. ' "- I ,,_/ CITY OF NJDOVER YEAR TO DATE SU~t~ARIES GENERAL, WATER, SEWER NJD CENTRAL EQUIPMENT FUNDS As of 30Sep93 Revi sed Bud'Jet Ye"r to Date Percenta,le Actual RelT\3ining --------------- -------------- ---------- GENERAL FUN 0 E X PEN 0 I T U RES ----------------------- ----------------------- MAYOR AND COUNCIL 45,633.00 30,058.85 34 NEWSLETTER 5,392.00 1,906.50 64 ELECTIONS 1,859.00 1,858.58 0 ADMINISTRATION 138,868.00 106,514.15 23 FINNKIAL ADMINISTRATION 112,963.00 79,791.76 29 AUD ITING 10,750.00 10,750.00 ASSESSING 47,192.00 47,190.00 0 ATTORNEY 52,560.00 53,411.11 (1) PLANNING NJD ZONING 52,974.00 35,553.00 32 DATA PRCCESSI~~ 19,631.00 15,913.89 18 CITY HALL BUILDING 44,946.00 33,494.12 25 FIRE STATION BUILDING 33,161.00 25,815.62 22 -lIf.LIC ~\JRKS BUILDING 19,870.00 20,101. 82 (1) ,,--iNIOR CITIZEN'S CENTER 9,029.00 6,040.88 33 EQUIPMENT BUILDING 2,980.00 ',734.35 41 CITY HALL GARAGE 952.00 684.31 28 ENGINEERING 81,455.00 57,655.04 29 ------------ ------------ TOTAL GENERAL GOVERNMENT 680,221.00 528,480.04 22 POLICE PROTECTION 425,004.00 211,642.48 50 FIRE PROTECTICN 272 ,085.00 183,159.94 32 RESCUE SERVICE 35,255.00 12,298.86 65 PROTECTIVE INSPECTION 186,273 .00 128,086.43 31 CIVIL DEFENSE 3,412.00 935.48 13 Nm'AL CONTROL 10,255.00 6,061.81 40 ------------ ------------ TOTAL PUBLIC SAFETY 932,344.00 542,185.00 41 '1 " .I " I '--/ CITY OF jlNDOVER YEAR TO DATE SU~W,RIES GENERAL, WATER, SEWER AND CENTRAL EQUIP~\ENT FUNDS As of 30Sep93 Revi sed Budget Year to Date per'centage Actual Ren>3ining --------------- -------------- ---------- G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- STREETS AND HIGHIIAYS 235,547.00 149,398.47 36 SNOW N1D ICE REMOVAL 167,820.00 88,814.02 47 STORM SEWERS 24,507.00 11 ,682.69 52 STREET LIGHTING 18,750.00 10,883.47 41 STREET SIGNS 39,106.00 19,978.08 48 TRAFFIC SIGNALS 9,840.00 5,353.67 45 STREET LIGHTS-BILLED 70,724 .00 49,546.08 29 TREE PRESERVATIal/MAINT 21,735.00 12,153.90 44 \lEED CONTROL 8,733.00 ',012.69 88 RECYCLING 40,911.00 31,543.94 22 ------------ ------------ TOTAL PUBLIC WORKS 637,673.00 380,367.01 40 ~)~KS AND RECREATION 249,292.00 152,207.85 38 ECONOMIC DEVELOPMENT 20,507.00 16,451. 94 19 UtJALLO:ATED 90,620.00 20,953.00 76 01l1ER FINNKING USES 52,783.00 27,473.05 41 ------------ ------------ TOTAL GENERAL FUND EXPENDITURES 2,663,440.00 1,668,111.89 31 ------------ ------------ ------------ ------------ ~ ) '\ '- / CITY OF ANDOVER YEAR TO DATE SU~V~IES GENERAL, WATER, SEWER N1D CENTRAL EQUIPMENT FUNDS As of 30Sep93 Revi sed Bud':Jet Year to Date Percentage Actual Relll3inin':J --------------- -------------- ---------- W ATE R FUN D REVENUES ------------------- ------------------- WrJER SALES 320,710.00 123,001.94 61 METER SALES 28,800.00 42,135.00 (46) PERMIT FEES 12,000.00 17,975.00 (49) MISCELLmEOUS REVENUES 14,000.00 10,931.25 21 ------------ ------------ TOTAL WATER FUND REVENUE 375,510.00 194,043.19 48 ------------- ------------ ------------ ------------ \I ATE R FUN D EXPENSES ) ------------------- ------------------- \.~ SOUF:CE, STORAGE AND TREATMENT 115,489.00 55,566.42 51 DISTRISUTlCN 147,175.00 119,834.27 18 ADfllNISTRATlON 112,846.00 38,338.80 66 ------------ ------------ TOTAL W~TER FUND EXPENSES 375,510 .00 213,739.49 43 ------------ ------------ ------------ ------------ ,J "\ , ) CITY OF ANOOVER YEAR TO DATE SU~f.\ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 30Sep93 Re vi sed Bud'Jet Year to Date Percentage Actual Re~3inin9 --------------- -------------- ---------- SEW E R FUN D REVENUES ------------------- ------------------- SEWER CHARGES INTEREST REF UNDS AND Rm'i3URSE~iENTS TRANSFER FROM SEWER CCNN. FUND 488,900.00 4,500.00 258,996.62 47 3,411.59 24 38.10 30,500.00 100 ------------ ------------ TOTAL SEWER FUND REVENUE 523,900.00 262,452.31 49 ------------ ------------ ------------ ------------ SEW E R FUN D EXPENSES ~) -------------------- -------------------- COLLECTION ~\ehopo 1i tan Waste Control 336,168.00 280,140.00 16 Other Expenses 99,965.00 42,298.24 51 f,mUNISTRATION 81,167.00 30,389.38 65 ------------ ------------ TOTAL SEWER FUND EXPENSES 523,900.00 352,821.62 32 ------------ ------------ ------------ ------------ ~,J <) CITY OF NmOVER YEAR TO DATE SU~W,RIES GENERAL, WATER, SEWER N1D CENTRAL E~~IPMENT FUNDS As of 30Sep93 Revi sed Bud'jet Year to Date per.centage Actual Rell>3ining ------.-------- -------------- ---------- CENTRAL EQUIPr~ENT FUND REVENUE ---------------------- ---------------------- Cflf.F;GES FOR SERVICE E~~IPMENT RENTALS 115,562,00 107,961.00 6 ------------ ------------ TOTAL OjARGES FOR SERVICE 115,562.00 107,961.00 6 MISCELLNiEOUS REVENUE INTEREST EARNED 2,000,00 1,153.57 42 SALE OF USED EQUIPMENT REIt1lURSEMENTS USE OF ~m:KING CAPITAL 10,000.00 100 ------------ ------------ " TOTAL MI~: REVENUE 127,562.00 109,114.57 14 ,-.J ------------ ------------ TOTAL REVENUE 127 ,562.00 109,114.57 14 ------------ ------------ ------------ ------------ CENTRAL EQUIPMENT FUND EXPENSES ---------------------- ---------------------- TOUt FUND EXPENSES 28,522 .00 22,375.50 21 70,437.00 41,620.43 40 17,780.00 15,409.00 13 10,000.00 12,389.32 (23) 823.00 100 ------------ ------------ 127 ,562 .00 92,342.40 27 ------------ ------------ ------------ ------------ PERSONAL SERVICES OPERATING SUPPLIES & MAINT INSURPNCE Ca1TRACTUAL SERVICES CCNTINGENCY ;J CITY OF ANDOVER , '" REQUEST FOR COUNCIL ACTION DATE November 2, 1993 AGENDA tn SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ Non-Discussion Item ITEM t-.O. Release and Receipt for Damages/ 92-5 ;?,;; . APPROVED FOR AGENDA BY: The City Council is requested to approve the release and receipt for damages for project 92-5. Inspection has been made by the Public Works Department and recommends approval. / '-- ) MOTION BY: SECOND BY: "- TO: ,-~ '\ '---J o c> Line No. : MNB 87701 W.O. No. : C42838 Tract No.: 877-1-68 RELEASE AND RECEIPT FOR DAMAGES The undersigned, for and in consideration of the sum of ~~O Dollars ($ ~.~ ), cash in hand paid by Northern Natural Gas Company, (hereinafter referred to as "Northern"), the receipt and sufficiency of which is hereby acknowledged, does hereby release and discharge Northern from all claims which the undersigned now has or may claim to have for damages arising out of or related to the relocation of Northern's eight-inch (8") natural gas pipeline and related appurtenances over, under, and across the following described lands located in the County of Anoka, State of Minnesota, to wit: That part of the NE~ of the SW~ of Sec. 18, T32N-R24W, lying southerly of Tracts D & E R.L.S. No. 72 lying Westerly of the Westerly right-of-way line of Makah Street NW. This Release shall be a complete discharge, release, and satisfaction of the obligation of Northern to pay for damages across the land described above, and caused by, arising out of, or related to the relocation of Northern's pipeline. It i~. the intent of the parties that this Release shall cover all of the damages across the land described above, whether Northern has commenced, is presently performing, or has completed its construction activities, and as such may represent payment in advance for such damages yet to be incurred. Signed this day of , 1993. "OWNERS" THE CITY OF ANDOVER By: Title: Obtained by: Right-of-Way Agent Northern Natural Gas Company A/ANOKA58 CITY OF ANDOVER ,---" REQUEST FOR COUNCIL ACTION DATE November 2. 1993 AGENDA r-n. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM !\O. Approve Change Order #2/ 93-6jWatermain BY: cl.3. The City Council is requested to approve the resolution approving Change Order *2 to Project 93-6 for the improvement of watermain construction in the area along Round Lake Boulevard from 133rd Avenue NW to 140th Lane NW. The total amount of Change Order #2 is $4,469.59. The change order is for deepening hydrants, relocating hydrants and valves. Change Order #2 will be paid from the Water Trunk Funds. " , , ) '- MOTION BY: SECOND BY: '-- TO: "- \ -.1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 93-6 FOR THE IMPROVEMENT WATERMAIN CONSTRUCTION IN THE AREA ALONG ROUND LAKE BOULEVARD FROM 133RD AVENUE NW TO 140TH LANE NW. WHEREAS, the City of Andover has a contract for Project No. 93-6, with the County of Anoka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #2 to Project No. 93-6. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November , 19 93 , with Councilmembers ~) voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk " \.. '--./ c.c, l\-S'-'B , I r ~ ! /~~~ I I ~',- ,>,-=-. I I ~.~...-,. '" ~~ '\ \j l 1 I t t ! Office of ANOKA COUNTY SHERIFF KENNETH G. WlLKJ.I\'SON .RECEIVED " 325 Jackson Street - Anoka. Minnesota 55303 612-421-4760 Fax 612-422-75030CT 2 9 1993 CITY Ur I-II\JtJOVER CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH: September , 1993 This report reflects the productivity of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not include activity by Sheriff's Department cars within the City during non-contract hours, nor, activity by other Sheriff's Department cars within the City during contract hours. Arrests: Traffic 58 DWI 5 Arrests: Felony 8 G.M. 1 --- .-. -- ~-..-. 22 Misdemeanor Arrests: Warrant lO Papers Served: 0 Warnings: 36 Aids: Public 82 Other Agencies 66 Radio Calls 619 Complaints 380 Medicals 5 P.I. Accidents 3 P.O. Accidents 14 Domestics 28 House Checks 15 Business Checks 893 TOTAL MILES PATROLlED: 9,249 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employer CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 2, 1993 DATE AGENDA 1\0. SE<<i1Je~N Staff, Committees, Commissions ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM 1\0. Authorize Spacial Needs Analysis Consultant Search Daryl E. SUlande~ Acting Administrator B~ REQUEST The Andover City Council is requested to approve the solicitation of a consultant to conduct a needs analysis for the proposed expansion of the City Hall and Public Works facilities. BACKGROUND The Public Works open house July 22nd provided an opportunity for the Council to view the City equipment and Public Works buildings. The presentation outlined proposed improvements to the Public works garage and the equipment building. The $37,000.00 request for improvements to both buildings were removed from the proposed 1994 General Fund budget due to fiscal constraints. These improvements do not increase the actual size of either building. Expansion of both the storage and office areas needs to be planned to adequately house and maintain the City's maintenance equipment fleet. The City Hall building is also at capacity. The ad hoc committee for City Hall expansion met on Thursday, October 28th to discuss the staffing, office and storage needs for the next five to ten years. Architectural style was not discussed, but construction options were. It was decided to return to the full Council with a request for soliciting professional services to conduct a needs analysis. MOTION BY: SECOND BY: TO: DATE: November 2, 1993 ITEMS GIVEN TO THE CITY COUNCIL safety/Disaster Committees Mock Disaster Minutes - Sept. 22, 1993 Safety Committee Minutes - september 23, 1993 Disaster Committee Minutes - September 23, 1993 City Council Minutes - October 19, 1993 Park and Recreation Commission Minutes - October 21, 1993 Letter from John Davidson, TKDA - October 21, 1993 League of Mn Cities Information - October 22, 1993 Memo from Daryl Sulander - November 2, 1993 Oak Grove Information Fire Department Information Preliminary plat & Grading Plan/Leeman Lake Estates Sketch Plan/Timber Estates Revised Grading & Drainage Plan/Pinewood Estates 2nd Addn. Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEX1 AGENDA. THANK YOU. ... . ~. Qc., I t-a-q3 TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS. ARCHITECTS' PLANNERS October 21, 1993 1500 PIPER IN'FRAV PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 551 01-21.0 PHONE:e1=2~O FAX:el=2-4083 Honorable Mayor and City Council ~dover,~esota Re: ~dover, Minnesota Commission No. 9140-003 Dear Mayor and Council: The following is conf'mnation of engineering mattersdiseussed at the regUlar Council MeetiDg and Public Hearing held Tuesday, October 19,1993. . ... ~ . ,- - ...... . 1. Project 92-30 - Assessment Hearing Assessment to 1805 Andover Boulevard for sanitary sewer and water service provided ahead of normal proje'Ct schedules (1992) was approved by Council resolution. 2. Project 93-15 - Assessment Hearing Lot 11, Block 7, Boundary Commission Plat No. 1 was assessed for watermain extension and water service. The property is located at the NW comer of Woodbine and 143rd Avenue NW. The assessment was approved by Council resolution. 3. Project 93-19 - Assessment Hearing Lots 8 and 9, Block 7 of Red Oaks Manor 4th Addition were assessed for watermain extension in Quinn Street from Red Oaks Manor 6th Addition to 138th Avenue NW. The assessment was approved by Council resolution. No property owners appeared. Lot 9, Block 7 was given credit of $102.55 for driveway not replaced under contract. 4. Project 92-24 - Assessment Hearing Mr. Davidson did review the proposed assessments to property on both sides of ~dover Boulevard between Crosstown Boulevard, County Road 18 and Hanson Boulevard, CSAH 78. Two property owners did appear - Ms. Christopherson, Parcels 14-0003 and 14-0001; and Mr. Sterns, Parcel 14-0002. No appeals were fHed. The Council adopted, by resolution, the proposed assessments as presented. The costs were spread for 10 years at 5-1/2% interest with equal arulUal payments. -- --.'''':"=...... ( . Honorable Mayor and City Council ~dover,~esota October 21, 1993 Page Two 5. Consent Agenda The Council, by consent, adopted non-discussion items as follows: A. Project 92-29 - Assessment - Echo Woods (Echo Ridge), Commission No. 10348 The owner waived a hearing and the assessment roll as presented was accepted by resolution and adopted. B. Project 93-22 - Assessment - Winslow HiDs 3rd Addition Extension of Sanitary Sewer and Watermnin crossing under Crosstown Boulevard (County Road 18) at Yellow Pine Street and Watermain Crossing at Bluebird Street. The developer, J. Windschitl, waived the public hearing. The Council, by resolution, ordered the preparation of the assessment roll, accepted the assessment roll and adopted the roll as presented. 6. Project 93-21 - Cedar Crest Pond, Commission No. 10533 The Council authorized the preparation of the feasibility report for outlet control to Cedar Crest Pond. The Council tabled receiving the report to the November 2,1993 Council Meeting. During the interim, TKDA was directed to review alternatives to the piped outfall control. Sincerely yours, JLD:j . , nECEIVED OCT 25 1993 CITY v"F f..N' .,~V ., uu ER League of Minnesota Cities 3490 LexingtDnAvenue North St. Paul, MN 55126-80<< (612) 490-5600 October 22, 1993 TO: Managers or Clerks (Please distribute a copy of these materials to your mayor and councilmembers) FROM: James F. Miller () ~ (Y1 ~ Executive Directo';rJ SUBJECT: 1994 Policy Adoption Conference and Legislative Policies Because the Legislature will be meeting in a "short" session in 1994, some anticipate that significant legislation will not be passed. History, however, suggests that every session of the Legislature can be critical. Therefore, it is important that your city exercise its right to vote on those policies which will guide the League's legislative program during this coming seSSiOn. Enclosed is a copy of the 1994 City Policies and Priorities, as proposed by the League's policy committees and the Board of Directors. These policies address significant city issues such as local government aid, annexation, tax increment financing, transportation funding, and wetlands protection. The League membership will vote on these policies as part of the LMC Policy Adoption Conference which will be held on Thursday, November 18, 1993 at the Decathlon Club, 7800 Cedar A venue South, Bloomington. Directions and other relevant information are included. In addition to consideration of the proposed policies, city officials will have an opportunity to hear from a variety of speakers on municipal issues. In order for League staff to plan " properly for the meeting, please register as early as possible. We look forward to seeing all of you on November 18th. OVER 1993 i[[j]5 1 2 3 4 5 6 7 8'.......9 10 11 12 13 1993 Policy , 14 15 16 'i7' G 19 20 21 22 23 24 2S 26 Z7 .. Adoption Meeting 28 29 30 Plan now to attend the League of Minnesota Cities 1993 Policy Adoption Meeting on November 18, 1993 at the Decathalon Club in Bloomington. As a member of the League of Minnesola Cities, your city is entitled to vote on the League's 1994 City Policies and Priorities. The policies address crucial issues affecting cities, and your vote counts. Schedule 8:30 a.m. Registration 9:30 a.m.. President's message--Leland Swanson, LMC President and Mayor, Morris 9:45 a.m. Annexation/growth management 11:00 a.m. Open meeting law 11:45 8.m.. Legislative preview, House Speaker Irv Anderson (invited) 12: IS p.m.. Lunch 1:15 p.m. Adoption of proposed policies . Development Strategies Elections and Ethics General Legislation and Personnel Land Use, Energy, Environment and Transportation HevclIIU: Sourecs Marulatcs DIRECTIONS TO DECATHLON CLUB RICHFIELD ' '8 i 1..84 1'.84 7ltl1Sr. BLOOMINGTON KI.lb.- Dr. I . ~ 0( Il .. t N BURNSVILLIi Directions to O-cathlon Club From the east on 494; -494 West -to 12th , Portland, exit righ~ after Hwy. 77. -top of exit ramp turn lQft -go to second stop light (79th) turn left. -you will pass Eddie Webster's (left aide) -you will also pass First Star Pinancial Building on the left. -we are located on the left side, with the tennis courts facing the Bouth side of the building. From the west on 494: -494 East -to Portland Exit -top of exit ramp go straight on service road parallel to freeway. -you will cross Portland and 12th. -pass Comfort Inn and Eddie Webs tel -we are located at the end of the service road on the right hand sic Our AdrQss is: The Decathlon Club 1700 Bast 79th Street Bloomington, MN 55425 Fax Number is: (6121 854-7777 ..~.~t~~.w.;.;.:.,...v....... League of Minnesota Cities 1993 Policy Adoption Meeting Thursday, November 18, 1993 The Decathalon Club --------------------------------------- Registration form LMC 1993 Policy Adoption Meeting City Contact person Telephone number Name Title Address City State Zip Registration per person: $40.00 Make chaco payable and niaillo: League of MilUlCllOta Cilies 3490 Lexington Avenue North SL Paul, MN 55126 Feel Cree to dupUc:ate for multiple registrations Housing form LMC 1993 Policy Adoption Meeting Please specify: _$59 + tax single (one person) _S59 + tax double (two people) Name Representing Address City State Zip c ) C ) C ) MonthlDay/Year Am val Amvallimc MonthlDay/Year Departure ll1eck in time 3:00 p.m. aud out time 12:/10 noon I will arrive after 4:00 p.m. Please guaranlee the reservation with (Credil card) Number and expiration dslc Phone: ( ) Mail to: Reservations department The Decathalon Club 7800 Cedar Avenue South Bloomington, MN 55425 (612) 854-7777 . .........,.. ,...... . .. ..... .......~.~.:....:...~~............ 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 League of Minnesota Cities LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES .-~i-~ 1. Registration Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges A. . The vote on any legislative matter shall be by acclamation; but at any time before the result of the vote is announced, the presider may, and shall, if requested to do so by ten.or more delegates present, submit the question under consideration to a vote by municipality, in which case each member municipality represented shall have one vote. B. . When any vote by municipality is conducted, only one delegate per city shall be permitted to vote on policy proposals, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes.. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting car is the city's delegate for purposes of voting. 3. Committee Reporls The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of policy language, the chair or vice chair shall move adoption of priority rankings. Upon a motion supported by at least 10 delegates, the chair shall place on the agenda for discussion: A) a proposal to make a substantive change in the language of a proposed policy, B) change a priority, C) a request to divide a proposed policy statement, or D) to take a position which the appropriate policy committee chair or representative states was not considered by the committee. = OVER = The text of nonprocedural motions and amendments, other than changes in policy priorities and motions -to divide a policy statement, must be submitted in writing to the chair prior to debate. 4. Majority Required A) Amendments to language or division of proposed policy statements require a majority vote of the City delegates voting on the motion. B) Final passage of any policy or amended policy or change in priority requires a favorable vote of 2/3 of the City delegates voting on the policy. 5. Disputes Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. . 6. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the. debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shall the length of time be reduced to less than three minutes per side. 7. Parliamentary Procedure Precedence. The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule #6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member) to speak in his/her place. Changes. Motions to "rescind" and "reconsider" shall require a two-thirds vote of delegates present and voting. .' ,,;',f:~ 'L,...~;..(,...!.,..,"",'j~(..~~~lI~,._,,~,;:..;,,~,.1;rl'.~J" ' ,>.,,7,1,.. 8. Number of "A" Priorities A motion to change a proposed policy's priority to an "A" priority must also propose another "A" proposed policy to be reduced below an "A" priority. The fmal number of "A" priority policies shall not exceed the number proposed to the conference by the Legislative Committee, but when a policy with a proposed "A" priority is divided, the number of "A" priorities shall not be considered to be increased. UJ. Q) .~ 4-J · r-I o ctj 4-J o 00. Q) ~ ~ · r-I ~ ~ o Q) ~ v. bO . ctj, . ... -, "'~"" '..~. -. ..-...._~. ...- ,-_. ," -,oJ.' ---=~lj.r'~"""""_,,, '.#.'._ "_ _'_:'~f~~"".. . .. _ " _ . ~!'o'. _ '. " ~ _ .J< _ '. , Proposed 1994 . City Policies and Priorities for legislative and administrative action ". ....-. .". -"~',-~, ';i:'~", < ~~',--<""~ -:,:",o:>~~~..t"~'.-~...../'-ll._ ,~.'~ ';;,.. (;..,II("'~''''''''''''':; -~. '. -..; ';....,.,> ,._ (j) ~ . lliTI5 3490 Lexington Avenue North S;;;;;;;! St. Paul, MN 55126-2977 ~ (612)490-5600 ~ FAX (612) 490.0072 ( I -'\~~i?~~,'~y'. . -o-j',-..,; ~>., ,.:.;~.....-",- r:;...:~_-" ., e _- ~., :<-;~~:.?:' '>~~~:i? s-~~5:>t.~~fi~;~~~_~ ,~~~~t~;:~:':::~:~_~$)~.t~::~'_~t'?~f,":~~;::~I;?~~:~~~' ~~~i (~8I~1.. -, 'i :t :?-:-~:~ .~~ - ",- 'if. _'i"'. . ;~~. ~~ .,....'" J .'1', 3..... ~, -'-" _.~.,.,_.' ~~,,' t.J t ~ t';~.i;.-r;j" ''::'t-. ~ -"-;' , o"-t..._.;: ;.{ "~:;'--"; .'-. .~ .' @ 1993 League of Minnesota Cities All rights reserved Printed in the United States of America ( 1"-:;'" ...- "-;;:",' ~ ..""\-.,:" ......-. .. ~...- I....., ~_"':\.. ~__:~.... . ._,'j'_~_~' -."';.;'":>; P;!,;,~,-,:j,!,.;:",-;";,,~~t.;;;;:t;;" . f""r:;',,- ,~::;;":~":;,,,, \';Zf(t:~.;.;;,;,-t~i~l~'~ +~::1::'?'f.":'.~ '~\:~":;~;;:&~~~~"~tr.:~;';'sS~~>~~:;~~"~'~'i7;.l~,,,,, ( Legislative Policy Committee Members Ol'vclopmcnt Strategies Craig Waldron. Administrator. Oakdale--Chair Roh\lrt Haannan. Administrator. Sauk Rapids--Vice Chair Cynthia Albright. Councilm\lmber. Duluth David R. Arvig. Mayor. Twin Valley Romeo Cyr, Mayor, Red Wing Brian Fritsinger. Community Planning Director. Arden Hills Larry D, Hansen, Administrator, Stewartville Terri Heaton, Deputy Director of Admin. Services, Bloomington Jon Hohenstein, Asst. to Administrator, Eagan Ronald S. Johnson. Administrator, Zumbrota Steven Jones, Administrator, Mora Andrea Hart Kajer. Legislative Liaison, Minneapolis Mark D. Larson, Administrator, Glencoe Scott Larson,. Administrator, Cambridge John Moravec, Councilmember, Crystal Frank Ongaro. Mayor's Office, St. Paul Bruce Peterson. Community Development Director, Will mar Ron Rogstad, Admin. Services Director, Oakdale L~rry Siegler, Councilmember Fairmont Judy Tschumper. Economic Development Director, Burnsville Elections and Ethics Dianne Krogh. Assistant Manager/Clerk, West St. Paul- Chair Fran Clark. City Clerk, Mound--Vice Chair Lucille E. Aurelius. Clerk, Maplewood Judith Cox. City Clerk, Shakopee Patricia Crawford, Clerk/Treasurer, Motley Thomas P. Ferber, Clerk. Richfield Darlene George, City Clerk. Crystal Carole Grimm, Clerk, Rochester llarbara Lanum, Councilmember Bass Brook Myrna Maikkula. City Clerk. Brooklyn Park Harry Mares, Mayor, White Bear Lake Joyce Mercil, Director of Elections, Minneapolis Mary Mueller. City Clerk, Apple Valley Doris Nivala, Admr/Clerk/Treasurer, Ham Lake Molly O'Rourke. City Clerk, St. Paul Susan Olesen, City Clerk, Burnsville Joan Russell. Councilmember, Golden Valley JoAnne Student, Deputy Clerk, Columbia Heights Maria Vasiliou, Councilmember. Plymouth Liz Witt, Deputy Clerk, Eagan Evelyn Woulfe. City Clerk. Bloomington General Legislation and Personnel William Thompson. Mayor. COOII Rapids--Chair Michael McCauley. City Manager. Waseca--Vic\l Chair Richard Abraham. Administrator. Lak\l Cily Lynn Boland. Personnel Director. Apple Vall\lY Frank Boyles. City Manager. Prior Lake Lorraine Browne, Mayor. Atwater Thomas Burt. City Manager. St. Anthony Gary Doty. Mayor, Duluth Holly Duffy, Asst. to Administrator. Eagan Bob Fragnito, Mayor, Nashwauk Kelly P. Frawley, Asst to Administrator/Personnel Offcr., Cottage Grove James FroehIe, MAcrA, Fridley Karl Glade, Mayor, Alexandria Ken Hartung, Administrator, Bayport Paul Hicks. Councilmember, Hastings Brian Holzer, Fire Chief, BurnsviIle Andrea Hart Kajer, Legislative Liaison, Minneapolis John Kelley, Chief of Police, New Brighton Kathleen McBride, Finance Director. So. St. Paul Jean McConnell, Councilmember, Rochester Kent Michaelson. Dir" Personnel/Labor Relations, Bloomington Mancel Mitchell, Police Chief. SI. Louis Park Mark Nagel. City Manager. Anoka James Norman. Administrator, Renville Samantha Orduno, Administrator, Mounds View Desyl Peterson, City Attorney, Minnetonka Marty Pinkney, Councilmember. Moorhead Miriam Porter, Administrator. Victoria Bryan Read, City Administrator, Kenyon Thomas Reber, Administrator, Fairmont Howard Rowland, Personnel Director, Brooklyn Park Mark Sather, City Manager, White Bear Lake Susan Schumacher, Personnel Coordinator. Maple Grove Dan Scott, Police Chief, North SI. Paul Jill Shorba, Administrative Assistant. Burnsville Jeanette Sobania, Personnel Coordinator. Plymouth Joyce Twistol, Clerk. Blaine Betty Zachmann. Clerk Treasllr\lT. Winsted Land Use, Energy, Environment, and Transportation Curtis Jacobsen. City Administrator. Howard Llkeu Chair Marsha Soucheray, Councilmember. Shoreview--Vice Chair Rosemary Given Amble. Councilrnember. Bemidji 1994 City Policies and Priorities 1 Lynn Beckliri. Councilmember, Cambridge Gary Berg. Community Development Director, Cottage (jrove J~ronll: Bohnsack. Ckrk Administrator, New Prague I "v()nn~ Bowman. ("ouncilmember. Fairmont (jcrald Br~v~r, City Administrator, Staples liary Brown. Engineer. Brooklyn Park Bnlce Bullert. Engineer. Savage Bonnie Cumberland. Mayor. Brainerd Bob Derus, Administrator, Corcoran Jerry Dulgar, City Manager, Crystal Craig Ebeling, Engineer. Burnsville Susan Hoyt, Administrator. Falcon Heights Gloria Johnson, Councilmember, Golden Valley Vernon A. Johnson. Mayor, Roseville Marvin Johnson. Mayor, Independence Laurence Jung, Planning Commission Chair, Mendota Mark Karnowski, Administrator, Lindstrom Bill Klein, Councilmember, Inver Grove Heights Tony Knapp, Councilmember, Mankato Paul Krauss, Planning Director, Chanhassen Julian Empson Loscalzo. Public Works Dept.. St. Paul Harry A, Lyon, Jr,. Councilmember. North St. Paul R. David Miller, Economic Development Director, Dodge Center Robert F., Morgan, Administrator, Branch Larry Nicholson. Council member. Moorhead Bill Ottensmann, Director Public Works, Coon Rapids Stanley Rensberger, Council member. Ortonville Terry Schneider, Councilmember, Minnetonka Ryan Schroeder. Administrator, Ramsey Glenda Spiotta. City Administrator. Sunfish Lake Gene White, Councilmember. Prior Lake Revenue Sources Karen Anderson, Councilmember, Minnetonka-Chair Lanelle Olsen, Councilmember, Northfield--Vice Chair Duke Addicks. State Legislative Liaison, Minneapolis Les Anderson, Finance Director, Burnsville Ronald L. Anderson. Mayor. Blooming Prairie James W, Antonen. City Manager. Moorhead William Bassett. City Manager, Mankato Douglas Bunkers. City Administrator. Luverne Edward Burrell. Finance Director, Roseville Paul Ciernia. Council member. Falcon Heights Hank Duitsman. Mayor, Elk River Terry Dussault. Asst. to City Manger, Blaine Dan Elwood. Administrator, Spring Valley Dan Faust. Finance Director. Maplewood Kathleen Gaylord. Mayor. South St. Paul Alvin J, Gruis. Council member. Rushmore Francis D. Hagen. Manager. Robbinsdale Peter Hames. Finance Director. Brooklyn Park Lyle Hanks. Mayor. St. Louis Park Joel Hanson. Administrator. Little Canada Blaine C. Hill, Clerkrrreasurer, Breckenridge Greg Isaackson. Clerk-Administrator. Cottonwood Darrell Johnson. Treasurer/Finance Officer, Winona Ferner "Skip" Johnson, Mayor, Mound David J, Kennedy. City Attorney. Crystal Duane Knutson. Mayor. fertile Lynn Lander. Administrator, Hermantown Kim Lee, City Planner, Faribault Steven Mielke, City Manager, Hopkins Kathleen Miller. Administrator, Lauderdale Ron Moorse, Administrator. Orono Doug Nakari, Admr/Clerrrreasurer, Cook Dennis Nelson, Clerkffreasurer, Windom Gary Neumann, Asst. Administrator. Rochester Lyle R. Olson. Dir, of Admin, Services. Bloomington Steven Perkins, Council Administrator, Red Wing Al Ringsmuth, Mayor, Waite Park Mark Sievert, City Administrator. St. James Roger Simonson, Administrator, Two Harbors Greg Sparks, City Administrator, Worthington Virginia Sterling, Councilmember, Apple Valley Dean Swanson, Councilmember. Cross lake Kurt Ulrich, Administrator. Champlin Gene VanOverbeke, Finance Director/Clerk, Eagan Daniel J. Vogt, Admr/Clerk/Treasurer, Brainerd James Willis, City Manager. Inver Grove Heights John Young, Jr.. Councilember. Hawley Federal Legislative Clarence Ranallo, Mayor, St. Anthony-Chair Karen Anderson, Council member. Minnetonka Larry Bakken, Mayor, Golden Valley Janel Bush, Federal Liaison, Minneapolis Dave Childs, City Manager, Minnetonka Stan T. Christ, Mayor, Mankato Steve Cramer, Councilmember, Minneapolis Kevin Frazell. City Administrator, Cottage Grove Tom Hansen, Asst. to Manager, Bumsville Sue Hess, Councilmember, St. Cloud James Hunn. Administrator. Shorewood Gail Lippert. Admr/Clerk/Treasurer, Greenfield Mille Macleod, Council member, Moorhead Elizabeth Martinson, Council member. Cook Bruce Nawrocki, Council President, Columbia Heights Lanelle Olsen. Council member. Northfield Doug Pearson, Council member. Brooklyn Park Steven Perkins. Council Administrator. Red Wing Neil Peterson. Mayor, Bloomington Yvonne Prettner, Council member. Duluth David E, Runkel. Council member. Harmony Tony Scallon. Councilmembcr. Minn~apolis Peter Stolley. Cily Administrator. Norlhlield Terence Stone. Mayor. Madelia John Young. Jr.. Counctlmember. Hawley 2 League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for L'iti.es to define comll1on problems and develop policies and proposals to solve those problems, The League of Minnesota Cities represents 805 of Minnesota's 855 cities as well as 10 urban towns and 20 special districts. All sizes of communities are represented among the League's members (the largest non-member city has a population of 225) and each region of the state is represented, The policies that follow are directed at specific city issues. Two principles guide the development of all League policies: 1. Minnesota cities' need for a governmental system which allows flexibility and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other fmancial risk, and restrictions on local control; and 2. That the financial and technical requirements for governing and provi~ing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership particularly in the areas of finance, develoRment, housing, environment, and transportation is critical for the successful opecltion of Minnesota's cities and the well-being of city residents. PRIORITY SETTING "A" priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations, and when appropriate introduce legislation. "B" priority indicates issue areas that are important to cities but on which the League would probably spend less time unless the legislature or other groups mount a major effort to which the League would respond. "C" priority indicates issue areas to which the League would respond only when other groups raise the issue and to which the League would not commit a significant amount of staff time. 1994 City Policies and Priorities 3 CONTENTS Legislative Policy Committee Members "".,..,....".,..,."....."",...,.,...,..",.1 [' [j<'lleral Policy Statement .,.,.,."..............,.............,..,',..,........," 3 Mandates Policy , , , , , , , , , , , . , . . . . , . , , . , . . . . , . . . . . , . . . . , . . . . . . . , , . , . , . , . . . . , . , , , 6 DS-1. DS-2. DS-3. DS-4. DS-5. DS-6, DS-7, DS-8. DS-9. DS-I0. DS-11 DS-12. EE-l, EE-2. EE-3, EE-4, EE-5, EE-6, EE-7, EE-8, EE-9. EE-lD. EE-ll. EE-12. GLP-l. GLP-2. GlP-3, GlP-4, GlP-5, GLP-6, GlP-7. GlP-8. GlP-9, GLP-IO, (lLI'-IL (;lP-12, GlP-I3. GlP-14. DEVELOPMENT STRATEGIES Tax Increment Financing A'" .,.,..""."",....,",.,..," ".'",,',. 7 Job Creation Through Manufacturing Districts A , , . . . . . , . . , . . . . . , - . . . . . , . , . , . , , , , " 7 Development of Polluted Property B ...."""..,......,...,.,..,.,',...,...,' 8 Abatement Authority B , . , . , , , , . . . . . , . . , , . . . . . , . . , . . . . . , , , , . , , , . , . , . . , , , . , 8 Housing B "...,.,.,..,.,."".,.,.."".,.,...,..,..,"',.,',.," <j State and Local Development B ,...,.,.......,..........,......,.,....,.,., 10 Economic Development Authorities B . . . . . . . , . . . . . . . . . . . . . . . . . , , . . . , . . . . . , . . " II Small Cities Community Development Block Grant Programs B . . . . . . . . . . . . . , , . . . . . , . . .. II Building Permit Surcharge Fees C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .' 12 Development Financing C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 Municipal Service Districts C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 12 Tax-Exempt Status of Land Cities Hold for Development C ... . . . . . . . . . . . . . . . . . . . . . . ., 13 ELECTIONS AND ETHICS Absentee Voting A .......,................................,.........., 14 Consolidating Local Elections A ' . . . . , . . . , . , . . . , . . . . . , . , . . . . . . " 15 . Recording Votes for Write-In Candidates B .."...,..,...,.,."",.,"',.,.,.,., 15 Retaining Local Authority to Govern B . . . , . . , , . . . ,'. , . . , . . . . , , . , , . , , ' , , . , , , , , " 15 Structure of City Government B ",.,.,.....".,...,.,....".,.,"',.,.,"" II> Reimbursement for State Elections B ",......,...,...,....",..,."..,.,"'" Ih Term Limits B . , , , , . , . , . . . . . . , . . . , . . . . . . . . , . , . , . . . , , , . , . , , , , , , , , , , , " 17 All Mail-in Ballot Elections C .,..........,....,...,.....,.."..".".,.," 17 Lobbyist Reporting Requirements C . . . . . . . . . . . . . . . . . , . . , , . , , , . , . . . , . , , , , , , , " 18 Precinct Boundaries C ,........,..............................,......,., 18 Presidential Primary C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 Voter Fraud C . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 GENERAL LEGISLATION AND PERSONNEL Minnesota Public Employment Labor Relations Act (PEtRA) A'" ............,.......... 20 Open Meetings and Data Practices A'" .,..,.....,....,............,.,......... 20 Utility Service Territories A ,.",..",..,.,...,.,."..,.,"',..,',.,.,"" 21 Comparable Worth B . . . . . . , . , , , , . , . . , . . . . . , . , . , , . . . . , , , . , . , , . , , , , , , . , ,. 22 Employee Training and Education Requirements B . , . , . , . , . , . , . , , , . , , , , , , , , . , . , , , .' 23 Employee Wages and Benefits B , , . . . . , . , . . . . . . . . . . , . , . . . , , , , . , . , , , , . , , , , , " 23 Local Police and Paid Fire Relief Associations B . . . . . . , . . . . ' . . . , . , , , , . , . . , . . . , . , " 24 Public Employees Retirement Association (PERA) Benefits Financing, and Administration B . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 Tort Liability and Insurance B ,.,..,...,.,..".,..,."""..,.,"",.,"'" 24 V deran' s Preference B , , . , , , , , , . , . , . . , , , . , , . . . , . , , . . . , , , , . , . , . , , . , . , . , .' 25 Volunteer Firelighters' Pensions B , , , , , , , , . , . , . , , , , , , , , , , , . , , , , , , , . , ' , , , , , , " 26 Liquor Issues C ",.,.,."".,.",.,.,....,.,.,.,..,"""",.,.,"',. 21> Prevailing Wage C ..,.,..,....,.............,.,.......,.,",..,..,"" 27 Recovery of State Program Administration Costs C ..........,.......,.....,......, 27 I 4 League of Minnesota Cities LUEET-L [lIEET-2, I.III'FI'-:l, I.III;FI'-~, I.lJUT-S, I.lJEET-6, LIJEET-7. LUEET-8, LUEET-9. LUEET-IO. LUEET-II. LUEET-12. LUEET-13. LUEET-14. LUEET-15. RS-1. RS-2. RS-3. RS-4. RS-5, RS-6. RS-7, RS-8. RS-9, RS-IO, RS-I L RS-12. RS-13. RS-14, RS-15. LAND USE, ENERGY, ENVmONMENT, AND TRANSPORTATION Annexation A'" , , , . . . , . , . , . , . , , , , . . . , , . , , . . , , . , . , , . . . , , , . , , , , , , , , , , , " 28 Intergovernmental and Jurisdictional Governance A .'.""""""'..",,,.,.,.,. 28 Solid and HlI/;mlous Wast.: Manllgell1.:nt A'" "","""",","'," .Hl Transportation Systems Funding A'" , , , , . . , , , , . . , , , , , , , . . , , , , , . , , , , ' , , , , , , . , " 31 Transportation Utility Fee A """""'.""""""""""'.'",,....,,, 32 Uridg.: Funding Il , , , , , , , , , , . . . , . , , , , , , . , , , , , , , , , , , , , , , . , , , . . , .' ."". JJ Municipal State Aid System B ..,..""""..".",...'.'""",. 33 Railroad Right-of-Way Preservation B ......,'...'.....,.,..,'...,,'.', JJ Transportation Services Fund B ....'..."'.....'..'..,'.'.,.....",,. 34 Wastewater Treatment B . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , , , . . . . . . . . " 34 Water Conservation and Preservation B . . . . . . . . . . . , . . . . . , , . . , . , , , . , , . , , . . , . , , " 35 Wetlands Conservation B ...."..,....,..........,..............,.",'.'. 36 Zoning, Subdivision, and Planning Statutes B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , ., 36 Energy Conservation C .............................................,... 37 Environmental Trust Fund C ............................................,. 38 REVENUE SOURCES State Aid to Cities A'" .....................,........................".. 40 Local Government Trust Fund A"'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. 40 Property Tax Reform B .........,.............................'.','.,... 41 State Unallotment Authority B ................,...............,'.',.""", 41 Property Tax Administration B . , . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . , . . . . . , , , , , " 42 Service Duplication Taxation Exclusion B ..,.....".....','.'.'...,.'..,'.."" 43 City Fund Balances B .........,....""'..,......,..,.",.""""",,, 43 City Financial Reporting Requirements B .','...,.""..""",'.'""'.'"",, 44 Cooperation, Collaboration, and Consolidation B , . . , . , . , , . . . . . . . , , , . , , , , , . , , . , . , " 44 S.:rvic.: Fees for Government-Owned Property B . . . . . . . . . , , , , . . , . , . . . . . , , . . , , . . , .. 45 State Administrative Costs C .,..............'",'..............,."""", 45 Taxation Hearing and Notification Law C "'...............",,...'............ 45 Local Property Tax Authority C ,..,. , . . . , . , . . . , , , , , . . . , , . . . . , . , , . , . . . , , , , " 46 Referendum Levies C .....................,......,."'........."..,,.. 46 License Fees C ............................,.,..............,.,..".. 47 A* policies have been selected by the Legislative Committee as the highest priority issues for the 1994 legislative session. 1994 City Policies and Priorities 5 MANDATES 11le League opposes any additional unfunded slale mlllulales and urges all bmnches of lhe federal ami slale governments to adopt a policy which promotes accountability al all levels of government by directly linking the funding responsibility for programs with the level of government creating the program. If this principle of accountability can not be adhered to, the stale and federal governments should provide stable revenue sources to compensate for the costs of mandates and help reduce local compliance costs by giving cities greater flexibility in meeting new and existing mandates. In cases where the state and fedeml government do not provide necessary funding, the League supports legislation which would allow local governments to not comply with mandates that are not funded. The League also urges the Legislature and Congresss to review, repeal, or revise current man dales. The Legislature and Governor should also encoumge the newly-crealed Board of Government Innovation and Cooperation to fulfill its responsibility to review mandates for elimination by the Legislature. One of the most serious problems facing cities is the growth in the numher and cost of federal and state-mandated programs which substitute the judgments of Congress and the Legislature for local budget priorities. These mandates interfere with local decisions regarding city services and force cities to reduce funding for other basic services or to raise taxes. Federal and :;tate policy makers must resist imposing mandates that direct cities to allocate scarce resources without regard for local needs and piorities. The League, therefore, supports legislation which allows noncompliance with new unfunded mandates. The League recommends that only under specific conditions should this noncompliance option not be available. The ~gue also believes that a statement of compelling statewide interest and need for a new mandate should he required both for new laws and for state agency mlcs. Examples of costly mandates include: comparable worth, binding arbitration, prevailing wage, veteran's preference, election requirements, payment of state sales tax, and federal regulations on wastewater treatment, drinking water, and stonnwater management. 6 League of Minnesota Cities DEVELOPMENT STRATEGIES US-I. Tax Increment Financing (A) 11l(! League SllppOlts changes to the tax increment financing (TIp) laws that will make this economic development, redevelopment, and housing tool more usable, including general authority for pollution districts and elimination of the city aid penalty for certain districts. The League urges the LegisloJure to repeal the aid penalty, improve the financing mechanisms for pollution clean-up, and return to a more flexible definition of qualified tourism development. Over the past several years, TIP authority has been seriously limited, and, as a result, the ability of cities to engage in needed development and redevelopment has been sharply reduced. The state needs to acknowledge that cities are the primary governmental unit responsible for economic development to create jobs and help stabilize the state's economy, redevelop blight and decay, develop affordable rental and owner- occupied housing, and clean up pollution within cities. TIP has proven to be the most effective tool for cities in fulfilling these needs and the current restrictions need to be rcmoved to allow these efforts. The Local Government Aid/Homestead and Agricultural Credit Aid penalty (LGAlHACA) should not apply to TIF districts. If the Legislature is not willing to remove it, cities should not be restricted in their means of paying for the penalty. The general fund of a city should not be responsible for this penalty, and the Legislature should remove the prohibition on developer payment of the penalty. Although the elean-up program created by the 1993 Legislature began to address the problcms and costs of pollutcd propcrty. thc Leaguc supports additional funding from thc current contamination tax and thc creal ion of alternative financing methods to adequately fund the statewide clean-up grant program. The new restrictions on the qualifications for tourism districts made during the 1993 session should be repealed. The new restrictions unfairly limit the promotion of tourism to areas with low-income standards, but which already have a strong base of tourism facilities. The League acknowledges that limited use of tax abatements, in coordination with county officials, offers a new mechanism to address problems which do not require the corrective actions of a tax increment district. Abatements, however, are not designed to handle costly redevelopment or pollution clean-up, and cannot serve as an adequate replacement for TIF. DS-2. Job Creation Through Manufacturing Districts (A) The state needs to acknowledge that cities are the primary government unit responsible for assisting in the creation of jobs and stabilizing the economic condition of the state. Cities should be given the necessary tools to help businesses create stable jobs with wages and benefits to supporl families. The primary factor of the state's effOrl should be authority for an effective, workable manufacturing tax increment financing district. The League believes that the state needs to make a concerted effort to provide cities with the necessary tools to create a stable market of well-paying jobs for the residents of the state. Authority for a manufacturing tax increment 1994 City Policies and Priorities 7 financing (TIF) district would allow cities such a tool. This TIF district should be used to target the creation of new jobs or retention of existing jobs. In particular, small cities across the state are desperate for a workable fonn of TIF so that they may remain viable communities, retain existing jobs, and offer employment opportunities to their residents and to the surrounding areas. Unless these districts are exempt from the aid penalty, increments will not be adequate to create necessary jobs. To qualify, manufacturing districts should be able to meet the criteria for either an economic development. renewal, redevelopment, or pollution district. In addition, these districts would be more economically viable with modifications to the existing TIF laws limiting pooling and the "five-year rule" for activity in the project. DS-3. Development of Polluted Property (B) The League supports the efforts taken by the 1993 Legislature to develop a statewide clean- up program for polluted property. Adequate funding for contamination across the state will not be generated by the contamination tax and further efforts should be made to dedicate another revenue source. In addition, the League opposes the requirement that local property tax revenues be required to obtain funding for pollution clean-up. Across the state, Minnesota cities face tremendous obstacles to the development of polluted properties. The Legislature has taken encouraging action to address the liability exposure for development of polluted property. The extensive costs of clean-up still present an obstacle to development of polluted land. Clean-up costs often exceed the value of the land so Ihere is no incentive for privatc Sl'l'1or inll'lvl'nl ion. Puhlit' sedor suhsidies arc tlll'n.-fore erilk-a!. Changes 10 the tax increment law have made hazardous substance subdistricts useless in providing assistance with clean-up costs, and Superfund dollars are not sufficient to address this need. Polluted (.:-... sites will continue to have a blighting influence on our communities and pose a potential health threat to our state's citizens unless this problem is addressed. The 1993 tax law made a step toward developing a pollution clean-up program and acknowledged that tax increment financing (TIp) is an appropriate tool to provide a portion of the funding. The League, however, opposes the Legislature's decision that cities must use general taxes and fees from their city residents to provide a portion of the dean-up funding to be eligible for contamination grants and use of TIP authority. Cities should have the right to clean-up polluted private property without penalizing all city taxpayers. Another issue which hampers the development of polluted property is the inability of the Minnesota Pollution Control Agency (MPCA) to meet necessary timelines for issuing "no ( action letters." In collaborJ.tion with city officials, the MPCA should immediately develop reasonable response time lines to improve their ability to facilitate clean-up of polluted properties. Development opportunities can be lost because of such delays. In addition, while "no action letters" are readily available for public entities, they are not available to the private sector. In addition, some certainty concerning "closure" is needed after a property has been cleaned up according to directions by the MPCA. DS4. Abatement Authority (B) The League supports the creation of programs of tax and value abatements as additional tools to help cities promote economic development, redevelopment, amI 110 usin 1:. The Lc;lguc supp0l1s legislat ion to aUlllori/l' (,. 8 League of Minnesota Cities cities to either abate property value or property taxes. These tools, in addition to tax increment fmancing, are needed for cities across the state to target assistance to smaller- scale, main street businesses, and blighted neighborhoods and to offer opportunities to stimulate the creation of jobs. Only efforts to preserve tax base, promote job creation or retention, provide low- or moderate-income housing, or redevelop blighted areas should be eligible for abatements. Criteria would be developed to guarantee that these tools would ensure accountability by both the local governments and the property owners. Programs such as the homestead credit, "this old house," the abatement authority for enterprise zones, and the new contamination tax for pollution clean-up have all set the precedent for a coordinated system of value and tax abatements. Abatements of up to 15 years would provide the necessary timeframe to encourage meaningful efforts by property owners or their city. Periodic review of the effectiveness of an activity, rather than review of the abatement authority, could be valuable. Two types of abatements would facilitate redevelopment and job creation: A. Property tax abatements should be available for all types of property to abate the taxes that are caused by increases in value which are due to improvements that are made to the property. Currently, property owners are discouraged from making substantial improvements to their property because of the offsetting penalty of increased taxes. If a city were able to abate the total amount of these increased taxes, funds would be available to the property owners to assist in the financing of the project. Only the tax increases which result from improvements that are part of a development agreement between city and the property owner should be considered for an abatement. B. Property value abatements should be authorized for targeted redevelopment. Cities should also be encouraged to establish "preservation and rehabilitation zones" that encompass a number of properties which are blighted and where valuation assessments are unrealistically high. Such zones could be created where specific standards exist, such as areas where the occupancy rate is high, property values are declining, and household incomes are low. This tool would be targeted to residential and employment/manufacturing property. County and school district boards should have the opportunity to review and comment on creation of "preservation and rehabilitation zones." Cities would be authorized to administer the program and grant abatements to participating properties within the zone. In these zones, abatements of all or a portio~ of the existing property value should be allowed. DS-5. Housing (8) The League urges the LegislaJure to continue support for measures which enable cities /0 preserve affordable housing stock and to finance new construction of single and multi-family housing thaJ meets local needs. The League recommends the following specific actions. A. The staJe aid penalties should be repealed for owner-occupied, low- and moderaJe- income tax increment financing (TlF) housing districts. The League supports the decision by the 1993 Legislature to repeal the aid penalty for TIF rental housing and urges them to extend this provision to owner- occupied, low- and moderate-income housing, The tax increments available from low- amI moderate-income housing projects and scattered site projects are frequently too low to create viable projects, and the needs for 1994 City Policies and Priorities 9 such housing are not being fully met. The city aid penalty adopted in 1990 makes this situation worse, and it should be repealed. The prohibition on developer.payment of the aid penalty is likely to dramatically reduce the viability of constmcting owner-occupied hOllsing through TIF. B. The share of market value in the TIP housing project that can be used for purposes other than low- and moderate-income housing should be increased from 20 percent to 35 percent. The opportunity for a project to include a greater share of higher-income housing units, retail/commercial, or other properties in a TIF housing district can frequently make possible the construction of low- and moderate-income housing which would othelWise not occur. C. 11le differmces in property tax class rates between owner-occupied property and rental properly should be reduced. The first $72,000 of homestead property has a class rate of 1.0 percent of market value, compared to 2.3 percent of market value (one-three units), and 3.4 percent for rental housing with four or more units. These large class rate differences discourage the construction and ownership of multifamily rental housing, as well as the availability and upkeep of single-family housing on a rental basis. Property tax relief that is provided for low-income rental housing should, however, be tied to agreements by developers and property owners. Some fonn of guarantee should ensure that such tax relief helps maintain affordable rates to assure long-tenn availability of such units. D. The procedure for allocating low-income housing tax credits enacted by the 1990 Legislature should be continued. E. 11le housing impact and replacement mandates should not be tightened or extended to all cities, and increased flexibility should be granted to first class cities. Cities and their development organizations follow extensive due process procedures, and are required to provide relocation benefits and (''''''., assistance. Measures that also require cities to replace low-income housing on a one-for-one basis are unreasonably hindering public improvements and efforts to improve the local economy and standard of living. The state's compliance requirements which apply to Duluth, Minneapolis, and,St. Paul should be changed to match the federal relocation guidelines. Ds-6. State and Local Development Policy (B) The League urges the Legislature to create a state development policy that specifies the state's goals and work plan for economic development and, redevelopment, acknowledges that cities are the primary agents to facilitate and coordinate development, and authorizes the appropriate tools and revenue sources in a timely manner ( for cities to achieve those goals. Upcoming updates to the state's economic blueprint should identify the value of cities' role in Minnesota's development and redevelopment. Many communities throughout the state are threatened by physical deterioration and a lack of economic opportunity. As neighborhoods deteriorate, so does a city's ability to combat the problems of crime, homelessness, and unemployment that so often accompany community decay. As tax bases dwindle, a city's ability to generate dollars to rehabilitate distressed areas decreases. Revitalization of Minnesota's cities is necessary for continued efficient use of existing local and state investments in infrastructure. Across the state, economic development programs and expenditures are occurring without established policies and goals. Although cities support the Department of { Trade and Economic Development's creation ;- 10 League of Minnesota Cities ( of an "Economic Blueprint for Minnesota, " the blueprint provides no recognition of the primary role cities play in improving the economic health of the state and promoting development and redevelopment. The Legislature should also acknowledge this role. The League continues to support state policies which acknowledge the partnership between the state, cities, and community residents, and to allocate the necessary resources and revenue options to cities. Cities urge approval of new workable state enterprise zone or manufacturing job opportunity zone incentive programs. The League also encourages the Legislature to enact a new version of the Urban Revitalization Action Program (URAP) to address specific characteristics and demographics which contribute to blight and decay in the central cities, suburban cities, , regional outstate centers, and small cities. ( DS-7. Economic Development Authorities (8) A. The League supporls the state's current policy of limiting the specific authority and powers of economic development authorities (EDA) to city governments. The limited economic development too)s available in the state are vital to assist in the creation of jobs and industry across the state, and arc concentrated in urbanized governments. The League believes that the Legislature should continue its decision to limit EDA authority to cities as the primary local government responsible for the organizational and financial coordination of development and redevelopment. The state has already detennined that city government most efficiently provides governmental services in areas intensively developed for residential, commercial, industrial, and governmental purposes. The League believes that the state should continue to recognize the importance of using and preserving the existing infrastmcture that exists within cities, and continue to find that urban development, and all related anthority. should remain within cities, managed by city governments. B. The League supporls legislation which would provide city economic development authorities (EDA) the same power and authority as those given to porl authorities. The League urges the Legislature to authorize all cities to designate development areas anywhere within their jurisdiction, or to designate area development authorities when they enter into joint powers agreements with other cities. Present law restricts development areas, qualifications, and authority for EDAs. In addition, EDAs should be allowed to issue general obligation bonds for project activities without a referendum. DS-8. SmaIl Cities Community Development Block Grant Programs (8) The League supporls state administration of the small cities pomon of the Community Development Block Grant (CDBG) program. The League also supporls the continuation of the set-aside of federal funds for economic development grants and augmented state appropriations to supplement the federal funds set aside. The small cities CDBG program should continue as a source of funding which encourages cities to develop viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for low- and moderate-income people. The state should maintain the CDBG program balance between cities' economic development needs and the needs of low- and moderate-income people and let cities retain maximum 1994 City Policies and Priorities 11 flexibility in detennining how to carry out CDBG program objectives. The League recommends an expanded program, including a fonnula for matching, which requires state funds to be used to match local funds. The program should be designed to encourage cities to recycle state funds and the local match, and to leverage public funds and to fill in financing gaps. These funds should not be used to provide financial incentives to new start-up or relocating businesses within the state. DS-9. Building Permit Surcharge Fees (C) The Legislature should reinstate the law that returns the amount of 10calIy generated building pennit surcharge fees that exceed the costs of the state building code division to local units of government. Local units of government levy a one-half percent surcharge on building penn its to fund the operation of the State Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for training and continuing education costs for building officials who enforce the state' s building code. Local units of government are facing tough financial times and local officials need these revenues in order to fund the training of local officials to enforce the state-mandated building code. DS-10. Development Fmancing (C) The League supporlS the continued use of industrial development bonds (IDBs) and other tax-exempt instruments as development tools. Tax-exempt financing allows cities to undertake a diverse range of activities to prevent economic deterioration, to attract new businesses and jobs, to retain existing businesses and jobs, and to maintain and strengthen the local tax base. (- Federal tax legislation has substantially changed the applicability of tax-exempt development financing, As a result, the League recommends the following principles: . Municipal retention of a maximum of Minnesota tax-exempt development allocation authority; . Maintenance of local discretion and flexibility in development decisions; and . Minimizing state control of local development decisions. The League also asks that the governor and the Legislature continue to involve the League in developing a method of allocating the authority to issue tax-exempt bonds. DS-ll. Municipal ServIce Districts ( (C) \'. The League supporls general legislation which allows all cities to create municipal service districts. Cities should have authority to finance the types of improvements listed in Minn. Stat. 429.021 (relating to the construction, replacement, and maintenance of such things as streets, sidewalks, gutters, stonn and sanitary sewers, waterworks systems, street lights and public lights, and public malls, parks, or courtyards) without having to obtain specific authorizing legislation. Current law has the necessary safeguards to ensure local participation and supporl from affected taxpayers. Both service charges and ad valorem properly taxes should be available to jillallce SC,1liccs or capital improvemellts ill the district. Court decisions concerning special assessments have made it even more difficult ( 12 League of Minnesota Cities for cities to use special assessments to finance public services and improvements. The Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that a special assessment project "specially benefit" affected parcels or property, but also Ihat the city be able to prove that the market valuc of a propcrty will increase in direct rclation to the amount of the special assessment applied to that property. This interpretation has made it more difficult to assess all (or even part) of a capital improvement project to repair or replace, as opposed to newly built improvements. In addition, cities' abilities to finance annual operating and maintenance costs of some services to property through the use of special service charges is unclear under current law. The only current fmancing alternative to special assessments or services charges, the general property tax, is not appropriate to finance some capital or operating expenses. DS-12. Tax-Exempt Status orLand Cities Hold for Development (C) The League supports granting unlimited tax-exempt status to property cities hold for laJer resale to promote economic development including removing the time limitation and the provisions which penalize partial improvements or leases to the private sector. Until recently, almost all property a political subdivision owned was granted tax-exempt status. Now, tax exempt status is allowed only for a period of eight years in most situations, or for an unlimited period of years if the property is held for housing programs or is classified as "blighted land" under state law. The policy is intended to create an incentive for political subdivisions to engage in economic development activities. as well as to promote returning property to the tax rolls. Unfortunately, it does not fully recognize that industrial development, housing construction, or rehabilitation efforts may extend over a long period of time. Provisions penalizing improvements and provisions affecting leasing of the property discourage cities from being active in establishing and maintaining local development corporations, controlling their economic development and planning processes, and being selective about the type of development which occurs in the city. The state needs to understand that cities have every incentive, and make concerted efforts, to get property back on the tax rolls as soon as possible. 1994 City Policies and Priorities 13 ELECTIONS AND ETHICS EE-l. Absentee Voting (A) 11le League recommends that the following c1ulIlges ill absentee voting be adopted to simplify the process for voters and to make it easier to conduct absentee balloting. If the Legislature adopts non qualification absentee voting, LMC urges the following refonns be made in implementing that fonn of voting: . Authorize local election officials to provide an absentee application form to any person on request; . Require individuals returning five or more absentee ballot applications to do so within five days of the date they were signed; . Establish a maximum fme of not more than $700 for tampering with or otherwise interfering with absentee balIoting; . AlIow use of facsimile to transmit completed absentee ballots only on the final three absentee voting days before the election; . Provide facsimile absentee ballots for hospitalized eligible voters the night before the election; . Allow agent delivery of absentee ballots to and from the voter in the hospital including election day up to 5 p. m.; . Eliminate the evening hours for absentee voting at city haIl on the Monday before election day; . Maintain the privacy of the identity (names/addresses/phone numbers) of voters who have applied for and returned absentee ballots until after the polIs close; . Allow local election officials to accept and reject completed absentee ballot envelopes during the 30-day period prior to election; (.. , . Simplify language and streamline format of voter instructions on applications and ballot return envelopes; . Make the cut off for voter registration the same as for absentee voting if adopting nonqualification absentee voting; and . Reimburse local jurisdictions for the added cost of conducting nonqualification absentee voting. While the League supports elimination of the witness requirement for absentee voting, legislators should approach with caution the use of date of birth as a means of identifying applications and retumed ballots. ( The Legislature should also recognize that making additional changes in absentee election requirements for local govemment will increase local administrative costs, and these costs should be evaluated. The Secretary of State should organize a task force comprised of local election officials; representatives of voter rights, minority, civic, and public interest organizations, and legislators to examine issues such as ballot secrecy; voter identification; use of absentee balIots by political campaigns; alternative procedures for receiving, securing, and counting ballots; and the impact on voter participation (including increased incidence of voters requesting to vote at the polls after having voted by absentee prior to election day). New statutes making it possible for voters to use absentee ballots rather than to vote at the \ 14 League of Minnesota Cities polls need to be evaluated over the next two years to detennine whether such measures havc helped increase voter participation. Im-2. Consolidating Local Elections (A) The League supports measures designed to help increase voters' awareness and participation in local elections, including the scheduling of elections in September and November. The LegislaJure should uphold current city authority to establish the date of local regular and special elections and to refrain from restricting home rule chaTter authority to provide for the conduct of local elections. Legislative proposals to consolidate all local elections on a single date and year raise scrious concerns. Problems associated with overlapping election districts, multiple election issues, voter confusion, ballot secrecy, and the need to establish cost-sharing responsibilities must be addressed before such a plan would sufficiently benefit voters. The League seeks to maintain city authority to conduct local elections, particularly when other local units of government also conduct elections on the same date as regular city elections. While the League supports measures to encourage greater voter participation and strengthen voter confidence in the election process, continued legislative interest in limiting the number of local elections must be tempered with a realistic concern for diffil:ulties presented as well as for added city expense of conducting multiple jurisdictional elections on the same day. City .officials support measures to reduce the conflict between incongruent school and city election districts and the corporate city limits and precinct lines. Lack of conformity of school district boundaries with those of cities is a serious deficiency in conducting combined local elections. Cities must retain authority to schedule special elections on ballot questions, bond referenda. and homc rule chartcr amcndmcnls and to till val.andes in dty c1e~livc uflil'l's. The Legislaturc should consult citics whcn considering requircments to altcr Sl:hool district boundaries. At a minimum, school districts should designate official boundaries along recognizable, physical features. In growing communities, new school district lines should be accomplished, wherever possible, only in relation to corporate city boundaries. In any case, attempts to adjust school district lines must be done in cooperation with local cities affected by such changes. EE-3. Recording Votes for Write-In Candidates (B) The League urges the Legislature to require write-in candidate to file a notice of intent prior to election in order for write-in tallies to be completed. The Legislature should authorize cities over 2,500 population not to list the name of a candidate who does not me a notice of intent to be a write-in candidate prior to the election. These individuals should be required to me notice of intent by 12 noon the day before the election. In smaller cities where local residents traditionally run as write-in candidates, election officials should continue to count votes cast for write-in candidates who receive at least 10 percent of total votes cast in that election. EE-4. Retaining Local Authority to Govern (B) The League supports city authority to fill vacancies in elective offices by appointment and to exercise home rule chaTter authorityto conduct local elections. 1994 City Policies and Priorities 15 L\:gislation to prohibit cities from filling vacancies in local elective offices is ill-advised, costly, and creates obstacles to local self-governance. Further, the League opposes to measures that would pre-empt home rule charter authority for conducting local elections. Such restrictions undermine cities' authority to conduct regular governmental activities and to carry out statutory responsibilities. Vacancies in the offices of mayor, city council, and/or elected city clerk must be filled promptly to assure that a quorum is maintained to permit the city to conduct official business. There are more than 130 standard plan cities in which the position of city clerk is elective. It would be irresponsible and unworkable to require such cities to wait until the date of the next regular city election to fill vacancies in that office. In addition, for the nearly 700 cities that hold regular city elec~ions in November of even-numbered years, such a requirement could force the city to hold an extra election in the odd-numbered year, thereby substantially increasing local election costs. Statutory cities have authority to hold special elections to fill vacancies for the portion of the term remaining, which allows the rest of the term to be carried out until the next regular city election. If the vacancy occurs during the first two years of a four-year term, the appointee serves until the next city election when a special election is held to fill the remaining two years of a term, the appointee serves for the remainder of the term. EE-5. Structure of City' Government (B) The League supports city authority to adopt a single-member ward system for city council elections as an option for organizing local representation. The League also supports city authority to detennine local government structure, including the fonn and method of election of city offices. (~ Local home rule charter authority to dctcrmine the manner by which candidates may be nominated, the form of the ballot and other matters related to conducting local elections, and the manner of removal from office should be upheld as long as provisions are in keeping with state charter authority. The statutory city code permits cities to select one of several methods of organizing and allows voters to request or the council to make changes. If a statutory city encounters problems that cannot be solved locally, officials can request the Legislature to adopt special authority or determinc to adopt a homc rule form of government. When voters in a home mle charter city have authority to determine the fonn of government (' at the local level, the Legislature should not pre-empt the capacity to make such decisions at the local level. EE-6. Reimbursement for State Elections (B) The League urges the LegislaJure to fund the full cost of conducting state primary, special, and general elections at the local level. The legislative reimbursement of expenses associated with conducting thc 1992 presidential primary demonstrates that cities can easily document and account for such costs to the state. It is no longer adequate for the r.egislature to provide 'oni)' a minor' ',' portion of the funds to cover the actual cost of administering such elections. It is reasonable for the state to pay a portion ~, 16 League of Minnesota Cities .; of the costs associated with state election contests held in conjunction with local dl"L'tions. Such costs also includc expcnses incurred for printing and supplying of posters, manuals, advertising, legal publications, and any other materials associated with conducting state elections. EE-7. Term Limits (8) The League strongly opposes legislation advocating adoption of a state constitutional amendment limiting consecutive tenns for elected city officeholders. ( The state constitution defines eligibility for elcction to office and guarantees the rights of voters to detennine which candidates will serve in those positions. Weakening of these important democratic principles is not justified by current dissatisfaction with some incumbent officeholders or with the lack of turn-over in certain elective offices. The constitutional guarantee of "universal eligibility" to serve in elective office at the state and local level should not be restricted. It is not necessary or prudent for uniform term limits to be imposed at the local level. City elected officials are not generally viewed as full-time political officeholders and are rarely compcnsated at Icvels comparable to those scrving in higher office. Many cities struggle to encourage citizens to seek office because of the difficult and time-consuming nature of the work which mayors and city councils must perform. Adoption of legislation proposing term limits for such offices would further discourage those who may be the very officeholders whose dedicated service and willingness to serve are vital to the interests of voters and effective local government. Though the League opposes any additional tenn limitations, if the Legislaturc decides in favor of proposing a l'onst itut ional amendment. only stale ekL'tiw orrin's shonld he proposed to he limited, or at least there should be separate ballot questions for statc and local offices. EE-8. All Mail-In Ballot Elections (C) The League recognizes mail-in balloting as a alternative method of election. The LegislaJure should carefully evaluate all procedures and state requirements for conducting this method of election to ' alleviate difficulties with conducting elections by mail. The League also maintains that it is not necessary for the county auditor to approve the city's decision to conduct a local election by mail, when the county is not conducting other elections on the same date. The Legislature should direct the Secretary of State to organize a special task force comprised of election administrators, local officials, citizens, representatives of public interest organizations, and lawmakers to examine current rules and procedures for conducting elections by mail. Task force recommendations should propose changes needed in state rules and procedures to make it possible for cities to administer such elections efficiently while protecting the security of returned ballots and assuring votcr confidence in the election process. Conducting elections by mail does not reduce local costs to taxpayers when cities are', : ',' required to spend more for postage, printing, personnel, and election judge compensation to carry out requirements for administering this form of election. 1994 City Policies and Priorities 17 EE-9. Lobbyist Reporting Requirements (C) The League urges the LegislaJure to simplify lobbyist reporting requirements for cities and clarify that reporting of city expenses not directly related to lobbying activities is not reqllitwl. Thc Leaguc also urges elimination of rcquircments for cities to submit separate annual reports to both the State Auditor and the State Ethical Practices Board. Since thc Legislature has enacted comprehensive lobbying reporting requirements for lobbyists and local units of government, it is clearly unnecessary to retain this additional report. Current lobbyist reporting and registration requirements took effect in 1991. It is, therefore, reasonable for the Legislature to eliminate the additional reporting of estimated lobbying expenditures to the State Auditor, which was instituted in 1989. EE-I0. Precinct Boundaries (C) TIle League urges the LegislaJure to support changes in the design of the national census in 2000 to require that the U.S. Census Bureau follow election precinct boundaries or clearly recogniuzhle physical features to establish census blocks and tracts. Cities in rural areas and cities with extensive areas of undeveloped land have additional concerns. In such circumstances it is important for census blocks to be split along physical features or precinct boundaries in order to make it less difficult for cities to redraw precinct and ward boundaries when implementing local redistricting plans. Cities must continue to have full authority to dl'll'nninc precinct and ward boundaries which relled neighborhood, community, and geographic factots that impact voters and representation at the local level. Neighborhoods are particularly important in the building of community and participation in government. The Legislature should not interfere with or weaken city authority to determine how such political and election boundaries should be established. In 1992, inconsistency in designating physical features for census block units resulted in difficulty at the local level in confomlint7 new precinct and/or ward boundaries to such'" federal population units. In some circumstances, cities wcre precluded from changing local election boundaries to correspond to census blocks since state law requires that precinct and ward boundaries follow physical, definable features. Recent interest in authorizing cities to set precinct boundaries along census blocks lines presents opportunities for some cities, but it is also important for changes to be made in the method of designating official census block units to assure that in the future, features such ( as streets, shorelines, railroad rights-of-way, or other boundaries and lines clearly visible from the ground are uscd to cstablish units within which population counts will bc taken. Such changes in the method of assigning census blocks will also facilitate the ability to assign geographic information to voter registration information and make it possible to reassign election district and polling place identification automatically by computer when redistricting has been accomplished. EE-ll. Presidential Primary (C) The League urges the LegislaJure to assure full reimbursement of the local costs of conducting future preside1ltial primaries. Thc U:;lguc supports cost-saving measures for conducting thc primary at thc 100:allevcl, andurges the Legislature to modify state election lR League of Minnesota Cities law to change methods of conducting the presidential primary, including: · Place all political party presidential candidates on a single ballot; · Do not rotate candidate names; · Consolidate precinct polling place locations; · Reduce hours of polling; and · Pay costs of local publication of the sample ballot. State revenues should be used to pay for local government expenses, including: · Preparation of ballots and election equipment; · Supplies and personnel (including election judge compensation and election administrative and technical staff pay), including overtime; · Advertising, newspaper notices, and postage; · Polling place rentals and transportation related to election activities; and · Costs for maintenance of political party preference identification on voter records and updating of the voter me. - .-...ac::;J Unless the Legislature provides funds frolll state revcnue sources .to cOYer thesc costs, thc League urges repeal of the law cstablishing the presidential primary. EE-12. Voter Fraud (C) The League urges the Legislature to make it more likely that violators of voter registratioll and election laws will be prosecuted and recommends the following: · Make those who fraudulently vouch for persons registering at the polls subject to the same penalties that apply to those found guilty of fraudulent voter registration; · Establish a maximum fine of up to $500 for tampering or otherwisc interfcring with absentee balloting; · Modify penalties for violation of state voter registration requirements to increase the likelihood of prosecution of offenders, particularly for violations of election day registration provisions; and · Make clear that prosecution will result if candidates interfere with voters on election day. 1994 City Policies and Priorities 19 GENERAL LEGISLATION AND PERSONNEL GLP-l. Minnesota Public Employment Labor Relations Act (PELRA) (A) A. The League supports legislaJion which modifies the existing interest arbitration process to require arbitrators to give primary consideraJioll to internal equity comparisons amI the impact that any arbitration award might have on the personnel compensation systems of the city involved in the arbitration. Further, the League opposes considering any additional employee groups as essential employees. City and other governmental experience with the arbitration process has shown that arbitrated awards generally exceed negotiated settlements. Unlike the state, local governments do not have the authority to reject these arbitrated awards. The Legislature should re-examine binding arbitration as a means of determining pay and benefit issues. The goal of any modification to the process should be to ensure that arbitrations do not interfere with other state programs such as pay equity. There should not be any additional employee groups placed in the category of "essential employees. " B. The League recommends that the Legislature reinstate the previous definition of employees covered by PELRA to people employed for more than 100 working days in a calendar year. The 1983 Legislature reduced the time period that part-time employees must be employed before they are considered employees covered hy PELRA. This has resulted in higher wages for some part-time employees, and more ~ignifiL"antly, has resulted in cities hiring kwl'r pal1 time employces. Legislative action in Illl)1 Gluscd flll1her confusion, which may ~.'~- -..:IICP also result in a lessening of job opportunities, ( particularly for students and the disadvantaged. Additionally, many employees who view their work as temporary or transitory in nature, have been asked to pay their fair share of union dues, even though they receive no benefit from union membership. Recent legislative interest in cost-saving initiatives at the local level could be substantially promoted by a statutory amendment to enable local govemments to effectively use seasonal employees. GLP-2. Open Meetings and Data Practices (A) The League supports legislation clarifying the open meeting law and the data practices act to make local government compliance easier and less costly. The Legislature needs to continually ( reexamine the open meeting law and the data' practices act. The intent of the open meeting law is to ensure, within practical limits, the access of people to the actions and motivations of government. The data practices act is intended to ensure, within practical limits, the privacy of people who willingly or unwillingly become involved with their government. Both laws are difficult to follow individually, and when private or other classified information must be discussed by a public body subject to the open meeting law, as inevitably it must in many situations, the government is forced to attempt to meet two conflicting statutes. The Legislature has attempted to identify problem areas and to provide clear nlles for local governments to follow. Unfortunately, not all circumstances can he anticipated nor remaining ambiguities addressed. The League supports amcndmenls addressing the following issues. " League of Minnesota Cities 20 . Several city officials have incurred huge personal costs defending open meeting law violation allegations, because state law treats the open meeting law somewhere between a civil and criminal matter. At the very least, the legislation should authorize local governments to reimburse their officers to the same extent as if criminal charges were brought because of their official actions. . Selection of city employees is complicated by the data practices act's classification of the identity of non-finalists as private. This problem could be resolved by allowing closed meetings of public bodies to screen applicants until finalists are chosen. This would protect the privacy rights of individuals and yet allow the public to be involved at the most important stage of the process, that being the selection of an employee from the group of finalists. . Certain meetings, such as settlement meetings involving judicial or administrative actions, are more likely to be more productive and concluded faster if they arc not subject to the open meeting law. The Legislature should broaden current provisions to allow quasi-judicial officers or certain state employees to authorize closed meetings of public bodies. . The current law requires reasonable efforts to keep private any private data which must be discussed publicly. This causes both practical and political problems in that if the public body can accomplish the impractical task it destroys the public's respect for government and if the government can't successfully shield the information it is exposed to significant legal liability. The Legislature should repeal this requirement. . Recent proposals to increase the penalty section of the open meeting law as a - "'o..acP means of ensuring greater compliance are misplaced. City officials are making good faith efforts to comply with both laws. Without additional clarification, however, the Legislature must realize that city officials owe it to their constituents to limit the city's exposure to liability. The Legislature should focus on clarifying ambiguities and modifying both laws as indicated above. Further, the Legislature should consider abandoning judicial actions with individual penalties as the primary means of enforcing the open meeting law. Alternative dispute resolution mechanisms, commissions similar to the state news council, or other options should be explored. GLP-3. Utility Service Territories (A) The League supports legislaJion confinning the power of Minnesota cities: 1) to require franchises of all non-municipal electric, gas, telecommunication, steam, and hot water utilities as a precondition to service within municipal boundaries; and 2) if a city has or starts a municipal utility, to serve all territory within city boundaries UpOll paymellt of two times the current annual gross revenues plus the depreciated value of physical propelty ill the service territory acquired. In order to plan in the most effective and economical way for city economic development and infrastructure needs, including those not directly related to gas and electric or other services, cities need substantial controls over the type, location, cost, and layout of electric, gas, and other utilities. They must also be able to cause relocation of the same without great public expense. Recent decisions of the Public Service Commission have called into question city powers to franchise in or serve ncw arcas of the city. Rigid service territory boundaries 1994 City Policies and Priorities 21 of the city. Rigid service territory boundaries established by the commission must be subject to practical modification to best serve the needs of city residents and the state as a whole. GLP-4. Comparable Worth (B) 11le League supports efforts to eliminate any sex-based differences in compensation of public employees but asks the Legislature to revise the pay equity statute to allow local governments sufficient time to comply with recelltly adopted administrative roles regardillg compliance detemlinations. Additiollally, the League urges the Legislature to amend the statute to limit the law's applicability to only full-time employees and to clarify that separately established governmental entities must file separate compliance reports. The local government pay equity act, first adopted in 1984, has been frequently amended by the Legislature. Significant amendments were adopted in 1990, and in 1991 the Legislature authorized the Department of Employee Relations to promulgate rules to assist the department in determining local government compliance with the statute. These rules, which include several new tests , necessitate many changes to local government compliance efforts, took effect almost a full year after cities and other public employers were required by the statute to submit compliance reports. Cities which are found out of compliance must be granted additional time to comply with these new standards prior to facing imposition of state sanctions which include five percent reductions in financial assistance and $100 per day penalties. The League supports legislative action to delay the implemcntation dcadline to Dccember 1994. At thc vcry Icast. the Legislature should act to - -....a;a delay imposition of new statistical tests of health insurance contributions, salary range differences, and exceptional service pay programs until December 1994. The rules address other significant issues not previously dealt with by the legislation, including the definitions of employees and employers covered by the act. For the definition of employees, the roles IIse the same definition as in the public employees labor relations act (PELRA). Use of this definition causes two significant problems. First, because local govemmcnts use a great number of part-time and seasonal cmployecs in order to effectively and efficiently provide important services, many more jobs will have to be included in compensation systems than is the current practice. This requires much more administrative work in establishing job descriptions and ranking jobs which by their very nature are often impossible to accurately describe or value. Second, because benefits, including health insurance programs, are often limited to full-time employees, cities nm the risk of being found out of compliance with the <- pay equity act not because of gender-based discrimination, but rather because of valid distinctions between full-timc and part-timc employment. The League proposes adopting a definition of employee which would not include any employee working less than 20 hours per week on average or who is employed in a position which is filled less than six months in any year. For the definition of employers covered by the act, the problem is slightly different. The law clearly requires all cities and other political subdivisions of the state to comply. The problem is determining who is the employing agency for a particular group of employees. Historically, employees of certain cnterpriscs such as public utilitics. hospitals, nursing homcs. and libraries havc bccn considcrcd as separate and distinct from employees of the city. Often, the only connection is that thc <-- League of Minnesota Cities 22 city council acts somewhat pro forma to ratify he annual budget proposed by the separate entity prior to certification of the tax levy. Unfortunately, it is this feature of formal budget adoption on which the rules focus, regardless of separate payroll systems, personnel rules, salary and benefit systems, etc. The League supports statutory clarification that other aspects of the govemment structure be considered when making a determination of which governing body is the employer of a group of employees. To be considered separately established, the governmental entities may have separate personnel systems, separate facilities, separate bookkeeping and payroll systems, and no interrelationships other than budget approval and/or financial assistance. In addition, these existing governmental entities must be separately established prior to 1984. GLP-5. Employee Training and Education Requirements (B) l1ze League opposes any additional state-imposed employee training, education, or certification programs, but supports the availability of technical and financial assistance from the state for local or regional training and education programs. The ugislature has recently considered proposals to require state certification for firefighters and dispatchers, four-year college degrees for police officers, and may consider limiting the use of part-time peace officers. There have been other related proposals, all which seem to ignore the significant impact on local recruitment and retention and cost containment efforts. Rather than respond with additional state requirements, the League supports efforts by the state to make training programs more readily available for local employees as well as financial assistance by the state to encourage local governments to provide additional trainil'("mnd educational ~ opportunities for their employees. GLP-6. Employee Wages and Benefits (B) The League supports legislation promoting the efficient and economical provision of city services. State legislation routinely affects cities with regard to employee wages and benefits, usually resulting in higher costs to city taxpayers. Consequently, the League opposes additional employee wage or benefit mandates for public employees, whether they be in the fonn of requirements or prohibitions. Salary freezes, health insurance requirements, mandatory leaves, and many other personnel issues have been debated and acted on by the Legislature in recent sessions. The Legislature has frequently granted or mandated additional benefits and workplace regulations applicable to public and private employers. While many of these actions have worthwhile purposes, they have a significant impact on local finances and on the collective bargaining process. The Legislature must bear in mind that to the extent that certain benefits are given away unilaterally there is no need to bargain for them, thus allowing public employees to demand other benefits through negotiation. Additionally, while some benefit increases seem to have a minor impact when first considered, they may inflate rapidly in the future or combine with other provisions of law to cause significant expense. While it is unrealistic perhaps for the Legislature to refrain totally from mandating certain benefits, they should consider the ramifications of their actions and understand their substantial role in increasing the personnel costs of local governments. Similarly, efforts to micromanage local personnel systems or restrain broad employment practices also often have severe negative consequences, and should be avoided. 1994 City Policies and Priorities 23 Cities, like all employers, are alanned at the rapidly rising cost of health care in Minnesota. Further, health care availability is a critical issue in many parts of the state. The League supports efforts to ensure the availability of quality health care at affordable costs. Employers who currently provide health care benefits for their employees, however, should not have to pay twice. Somc past legislative actions have limited citics' flexibility in selecting health care providers. Specifically, as an element of the creation of a statewide health plan for public employees the Legislature provided that exclusive representatives may unilaterally detennine whether their employees will participate in the state plan, leaving only the proportion of premium paid by the public employer subject to bargaining. The result may be additional administrative or personnel costs to the public employer. The Legislature should eliminate the unilateral selection authority it has granted exclusive representatives. GLP-7. Local Police and Paid Fire Relief Associations (B) The League opposes multiple mechanisms for inflation adjustment. If the Legislature detennines that "escalation" (pensions adjusted by the percentage increase of wages of active members) presently in effect does not offer adequate inflation protection, that mechanism should be adjusted or abolished. However, no new mechanism such as that authorized for Minneapolis police or firefighters in Laws 1988, Chapter 319, should be authoriud while "escalation" remains in effect. Additionally, the League supports changes in actuarial assumptions relating to salaries and investment return to more tndy reflect experiences. <;{.P-S. Public Employees Retirement A'isociation (PERA) - -- Benefits, Fmancing, and Administration (B) The following principles should govem any ( changes the Legislature makes in the PERA - and the other statewide pension plans. 1. There should be no reduction in the high five year averaging period. 2. Early retirement incentives should be adopted only if they have positive or neutral long-tenn impact on city and pension ftl1ld finances. 3. Costs and saving should continue to he shared equally between employers and employees except for public safety positiollS, for which employers should bear 110 more than 60 percent of the cost. The adoption in 1973 of the "high five year" benefit fonnula for PERA has provided very adequate pension benefits for career city 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. GLP-9. Tort Liability and Insurance (B) The League supports legislation reducing the exposure of cities to civil lawsuits without unduly restricting an injured party from recovering compensation from negligent individuals. The League also supports actions ensuring the availability and affordability of insurance coverage for cities. The growth of tort litigation over the past several years has resulted in increasing liability for govemmcntal cntities, privatc husinesses, and individual l'il i/cns. Additionally, business practices of insurance (. 24 League of Minnesota Cities companies have played a significant role in insurance pricing. The League supports reasonable refonns addressing both sides of the liability/insurance issue. The municipal tort liability act was enacted in 1963 to protect the public treasury, while giving citizens relief from the arbitrary, confusing, and administratively expensive prior doctrine of sovereign immunity. The act has served that purpose well in the past. However, courts frequently forget or ignore the positive benefits secured to citizens as a result of the act, which includes liability exceptions and limitations. The special vulnerability of far-flung government operations to debilitating tort suits continues to require the existence of a tort claims act, applicable to local governments as well as the state. The League recommends the following. . Our system of clearly defining and limiting the scope of public liability should continue. The League strongly supports retention of the dollar limitations on govemmentalliability. The current limits of $200,000/$600,000 seem sufficient at this time but should be reviewed periodically to ensure that those injured are not unfairly compensated and that the limits remain constitutional. The limits should be set at an amount that allows all levels of government to economically procure coverage, and provide sufficient lead time to avoid budgetary problems. Additionally, the limits should confonn to the extent possible with coverage limits available from insurers. . Liability for particular city operations, such as firefighting and park and recreation facilities, should only arise if there is a showing of gross misconduct or gross negligence. · The League favors eliminating joint and ~ -,~ several liability except in limited circumstances. The fault-based system of damage awards has apparently eroded. In order to facilitate the return to a fault-based system, joint liability should be abolished in cases where defendants have not acted in concert, and a modified comparative fault system should be used to evaluate the actions of other individuals involved with the injury and assess damages only in proportion to the amount of each person's fault. At the very least, the Legislature should modify recent amendments to the comparative fault statute and eliminate joint liability for governmental and private defendants when they are less than 30 percent at fault. . Recent court cases have indicated potential employer liability exposure to defamation claims arising out of providing references on past employees to prospective employers. The result is that many employers have stopped providing infonnation on past employees except infonnation specifically classified as public under the law which must be disseminated upon request. Employers which give infonnation about the job perfonnance of fonner employees should be presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, there should be no liability for making the disclosure. This provision would not protect knowingly false or deliberately misleading infonnation, but would promote more effective hiring practices and could potentially limit the public's exposure to negligent hiring cases or less than high-quality public employees. GLP-IO. Veterans' Preference (8) A. The League supports amending the veterans' preference act to provide that a veteran must select one and only one hearing 1994 City Policies and Priorities 25 procedure rather than be able to request both a veterans' preference hearing and a grievance procedure under a collective bargaining agreement. Currcnt statutes entitle a veteran to at least two differcnt hearing procedures to challenge any disciplinary action. This is inefficient and may bc unworkable, since thc standards for court revicw of the dccisions of veterans' prefercnce boards and grievance arbitrators vary significantly. The Minnesota Supreme Court, has indicated that these statutes need to be amended. The law should provide for a selection of a single hearing procedure and eliminate any requirement for salary payment pending the hearing when the veteran does not request a hearing within 10 days or when an impartial hearing body detennines that the dismissal was for just cause. B. 17ze League supports legislation providing specific time lines to be followed by employers and employees in the veterans' preference discipline or dismissal process, so that an employee must provide notice of their intent to appeal within 10 days and the hearing process must be completed no later than 90 days following a proposed disciplinary or dismissal action. Currently an employee has 60 days from the date of the employer's notice of discipline or dismissal to request a hearing. If a hearing is requested, there are no time lines for holding hearings or rendering decisions. Under this system, a tennination decision can, and has, taken more than a year, during which the employee reccives 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 -.._- ~-..IICP ensure a more efficient and cost-effective procedure. Additionally, a public employer which has its tennination or discipline decision upheld should not be responsible for (_ paying any of the employee's costs of challenging the action and should be reimbursed for any salary paid to the employee pending the hearing. GLP-ll. Volunteer Firefighters' Pensions (B) The League opposes creation of any additional city volunteer firefighter pension plans which set retirement benefits based on the compensation of a class of active employees, such as the plan in Bloomington. The state has had a policy of tenninating escalated city pension plans by preventing new entrants since 1980 (except for Bloomington fire relief) and by encouraging consolidation with PERA. The League initiated and supported and continues to support the state policy. f GLP-12. Liquor Issues (C) The League supports repeal of the public hearing requirement for cities with liquor stores that experience losses in two of three consecutive years and supports repeal of off- sale hour restrictions based on proximity to first class cities within the same county. Liquor issues have been consolidated into a single bill in recent legislative sessions. The League generally supports this practice b.ut only if each provision is adequately consldcred by the Legislature and the parties affected are given ample opportunity for inp~t. !he League has identified the followmg Issues which mayor should be considered by the Legislature. 1. Continuation hearings. State law currently requires that a city operating a municipal l 26 League of Minnesota Cities liquor store hold a public hearing if the store loses money in any two of three consecutive years. This statute, adopted prior to "tmth in taxation" hearing requirements, is now duplicative and wasteful and should be repealed or combined with other budget hearings. 2. Off-sale hours. Minnesota Statute 340A.504, subd. 4 limits off-sales of liquor to 10:00 p.m. generally, except that cities of the first class and cities within 15 miles of cities of the first class (within the same county) must close at 8:00 p.m. Monday through Thursday. Political boundaries make the latter portion of this statute unfair. The League supports repeal of the neighboring city, same county, portion of this statute, and generally believes that cities should be fully authorized to establish hours of sale and be expressly authorized to establish differing license fees for establishments having different hours of operation. GLP-13. Prevailing Wage (C) The League believes that wages paid on public contracts should be consistent with wages earned by people working at similar jobs in the community. The League urges the Legislature and the Deparlment of Labor and Industry to work together to modify the prevailing wage system to make it more equitable and to help control the costs to local govemments. The present administration of detennining wages uses the "mode" calculation. It designates the wage eamed by the greatest number of people in a job class as the prevailing wage. This calculation is flawed, and can either under estimate or over estimate representative wages in a community. A "weighted average" of the wages paid for the job class during the year is a more accurate reflection of wages paid. Requiring prevailing wages, calculated under the existing method, often overpays for public projects. This - .--. -"ICI results in more costly public projects. higher local taxes or limits on other city services. and limits the size of projects or makes them too costly to do. Current administration of the prevailing wage system imports wages from neighboring counties, resulting in metro-area wages being paid across the state. If a particular job class does not have a sample wage to detennine subsequent wages for that job class, the current system may force the local government to use the wage rates paid for the closest area wage for the category--often the higher wage rates which are paid in the metro area. The League commends the analysis of these problems, and the recommendations for modifications and corrections to the prevailing wage system which was prepared by the Department of Administration (April 1991). GLP-14. Recovery of State Program Administration Costs (C) The League supports removing limitations on the ability of local governments to charge fees or otherwise raise revenues to pay for state programs. Additionally, the Legislature should adopt statewide processes which further local administration of state programs. All levels of government are finding it difficult to finance governmental programs and law enforcement activities. The League supports continuing efforts to intemalize program costs and to provide financing for law enforcement activities through forfeiture statutes and other means. Specifically, the prohibition on collecting local handgun penllit fees should be repealed; license renewals and/or motor vehicle registrations should be used as a means of collecting unpaid fines, penalties, or other governmental fees; and forfeiture assets should be left as a resource primarily for local enforcement activities. 1994 City Policies and Priorities 27 LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION LUEET-l. Annexation (A) A. The League supports legislation restricting further urban growth outside city boundaries and facilitating the annexation of urban land to cities. Public policies which encourage substantial development in non-urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and counter-productive. Additionally, shoreland and prime agricultural land are major natural and economic resources and the state should include as a major objective their preservation and wise use. Particular attention should be given to the issue of development and the delivery of governmental services to urbanizing fringe areas. In the metropolitan area, the Legislature should not modify the existing framework for restricting or guiding development absent careful study and input from metropolitan cities and their associations. State law should continue to encourage the preservation of shoreland and prime agricultural land and discourage the development of such land outside designated growth areas to be served by a city. The League recommends the following. . State statutes regulating annexation should make it easier for cities to annex developed or developing land within unincorporated areas which the annexing city has designated as a growth area. . The Legislature should clarify 1992 legislation which allows property owners to initiate an annexation by petition to specifically allow these annexations --." -..ac:;J ( notwithstanding orderly annexation agreements which might contradict the petition. . Cities should be given the authority to extend their zoning ordinance and subdivision controls up to two miles outside the city's boundaries regardless of the existence of county or township controls, in order to ensure confonnance with city facilities and services. B. The League also supports legislation restricting the ability of individual propelty owners to petition the Municipal Board to detach their land from one city and to annex it to an adjoining city. In 1985 the state's annexation statutes were amended to allow an owner of land to petition the Municipal Board for concurrent ( detachment and annexation. Prior to 1985, only the affected cities could begin the process. Since the amendment, several instances have arisen where owners have petitioned the board because they were dissatisfied with land use or development assistance decisions made by the host city. The Legislature should either repeal the property owner petition provision or provide the affected cities a right to veto the petition. At the very least, the Legislature should provide a list of factors for the Municipal Board to analyze when considering requests for concurrent detachment and annexation. LUEET - 2. Intergovernmental and Jurisdictional Governance (A) Actions by both the state and federal governments are increasing the fiscal pressure l League of Minnesota Cities 28 and jurisdictional reorganization of county and slate roads. Issues of jurisdiction and lin,uicial responsihility need increased atll'nlion. The League supports improvements 10 Ihe equity and efficiency of inlergovemmenlal negotiations between cities and other govemmental units. Efforts to resolve issues of resolving jurisdictional issues and tumbacks should emphasize improving equal and balanced mechanisms for these processes. Two specific issues need to be considered. 1. Dispute resolution board Cities acknowledge that the overlapping jurisdiction of county state aid highways within cities needs a more fonnal process for resolution. Local govemments should negotiate on proposed design and construction issues during thc planning phases of development or redevelopment of these roads. Where such negotiation does not resolve all issues, either the city or the county may convene a dispute resolution board. Its membership would include the following members of the affected county and city -- one city councilmember or mayor, one county commissioner, the city engineer, and the county engineer. The four members of the board should jointly select a fifth member of the board. Likely sources for this member are: the state office of disputc resolution, local dispute rcsolution ortices, the Center for Transportation Studies, the Department of Transportation, or the Institute of Traffic Engineering. If the four members cannot agree on a fifth member within two months of the creation of the negotiating board, an administrative law judge should appoint the final member. Costs of the process of resolution should be shared equally between the city and the county. Negotiation through this board should be limited to one year. Unresolved discussions could be appealed to an administrative law judge. ~. ~ -'I!C' 2. Turnbacks Cities support a process of planned and mutually agreeahle jurisdictional dlangl's or city, county. and stale roads. II is illlporlanl to acknowledge that, rdther than actually saving money, tumbacks shift the cost of road maintenance and repair from a larger group of taxpayers to a smaller group. Also, the increased cost for cities to assume responsibility for general maintenance and life-cycle treatment for a substantial number of additional miles of road greatly exceeds the current financial capacities of cities. The Legislature should make changes that cities are accorded the same notification and hearing process for the turnback of county highways provided to townships. Counties should hold a public hearing and hear comment within the city where they propose to revoke their authority for a highway. As with the process for townships, counties should: a) complete repairs and improvements that are necessary to meet their own highway standards before turning the road back to the city, and b) maintain the road for a period of two years from the revocation date. The League also recommends the following changes to help facilitate individual turnbacks: . Rules should be changed to allow counties to upgrade county state aid highways using county state aid highway funds prior to turnback when citics concur and without the penalty which is currently imposed; and . The League supports allowing cities to participate in the decisions which detennine whether a tumback road will be designated as a state-aid road. 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 1994 City Policies and Priorities 29 continue to designate a percentage of new road growth as part of the state-aid system. LUEET -3. Solid and Hazardous Waste M~n~gement (A) The League supporls creation of a cleanup program for closed municipal solid waste landfills which is separate from the state SIIpelfu1ll1 program and supports state programs clesigned to minimiu or eliminate the need for landfilling solid and hazardous waste. The problem of regulating, controlling, and disposing of solid and hazardous waste will continue to be a major environmental issue both nationally and in Minnesota. Major state legislation addressing this issue has been enacted annually since 1980. These acts responded to the concerns and issues raised by the League, other local governments, and citizens. The existing waste management and control system for handling and disposing of hazardous materials centralizes responsibility at the state level, but requires the cooperation and support of all levels of government. The system established for solid waste is more diffuse, relying on cities to control and regulate collection, counties to regulate or operate existing resource recovery or disposal facilities, and the state to coordinate responsibilities and plan for future disposal needs. Both systems should foster and encourage abatement, recycling, and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. The system appears to be working, and therefore the League does not perceive a need for major changes to existing legislation at the present time. But any future legislation that may be considered should enhance and not diminish the emphasis on these concems. - '-~ . The League supports efforts aimed at avoiding or reducing the creation of solid and hazardous waste. These efforts should include disincentives for creating hard to dispose of items and notifying consumers of the ease or difficulty of disposing of materials prior to purchase. The League supports efforts at the state and federal levels to institute financial incentives to avoid single-use packaging materials. The state should not preempt local regulatory authority in the absence of an effective, statewide regulatory framework or program which is at least as strong as regulations already adopted by cities. Further, financial or other incentives should be used to encourJge environmentally acceptable product generation and handling. ( . The League supports the prohibition of disposal of unprocessed solid waste in landfills, as cost-efficient and environmentally safe alternatives are developed and funding is provided to cities to implement their responsibilities. Ash from waste to energy facilities should continue to be regulated as a special waste. ( . Funding for recycling, reduction, and abatement efforts. The League supports alternatives to general taxes as sources of financing conservation efforts. These alternatives can include specific taxes, additional fees on landfill or disposal facility users, and state or county grants and loans. Financial assistance programs need to be regularly reviewed and continued if necessary to effectuate waste reduction. Changes in financing should be implemented in a manner which avoids budgetary disruption. The Legislature should continue to fund educational and operational pilot program efforts on the subject of solid and hazardous waste disposal, including aItcmativcs for the disposal of household l League of Minnesota Cities 30 hazardous waste, such as those promoted by the household hazardous waste reduction project. The League also supports legislation rcquiring that the six percent garhagc sales tax (SCORE tax) be disl rihuted direct Iy 10 the localunil of governmcnt thai actually operates the rccycling program within that jurisdiction. · Siting process. The siting of solid waste facilities has become extremely difficult. The Legislature should continue to consider siting issues and provide additional incentives or mechanisms to encourage siting of necessary facilities. ( · Clean-up of landfills and other hazardous _ substance locations. The clean-up and decontamination of existing hazardous waste sites, including closed municipal landfills and dumps, should continue bcfore there is further damage to public health and the environment. The League supports the continuation of the state Superfund program, including its liability provisions, for most sites, but supports the creation of a separate landfill clean-up program financed out of a tax or fee on toxic materials. Regardless of the clean- up program established, local governments should be protected from extreme clean-up costs, or costs which do not directly relate to their contribution to the problem. · Management of solid waste collection and disposal. Cities should retain their existing authority to organize collection and regulate solid waste facilities and should not be required by statute to compensate parties for changes in regulations nor have their local authority to regulate land uses unilaterally overridden by other levels of government. LUEET -4. Transportation Systems Funding (A) The League supports extending the state sales ~ ...,. tax to gasoline and other fuels to generate adequate revenue to fund future transportation needs. State trunk highways, COUllty state aid roads, alld municipal state aid streets should receive 55 perallt (~r t/II',\'(' l'el'elllleS ami 45 percellt S/UlIlltl be ami/abli' to ftl1ld metropolitall and Greater Millllesota trallsit systems. Cities understand that an efficient transportation system is a vital element in planning for fiscal, economic, and social development at state, regional, and local levels. The League urges the state to consider using revenue sources which have adequate growth potential to meet the increasing needs of all transportation systems, including the mobility needs of our citizens, efficient movement of goods, improving accessibility and efficiency of current transit programs, reducing automobile congestion, and overall energy and environmental concems. The League urges the Legislature and the governor to acknowledge the immediate needs of transportation and to create a Mobility Trust Fund to distribute sales tax revenues from the sale of gasoline. The expected $180 million of new sales tax reve'nues could fund approximately $100 million of future road and highway needs through a Surface Transportation Fund, and $80 million for both existing and new metro and rural transit systems through a Transit Assistance Fund. The current general fund appropriation of $40 million for transit programs should be made available for other transportation and transit- related spending. Because these would be new sales tax revenues, the League would not oppose the full 6.5 percent sales tax being directcd to the Mobility Trust Fund, without distribution of two cents to the Local Govemment Trust Fund. Revenues from the sales tax would fulfill future transportation needs in lieu of gas tax increases for roads and additional general fund appropriations for transit. 1994 City Policies and Priorities 31 In addition, the League supports authority for special local tax authority to be used to fund enhanced or specialized transit services which are locally detennined to be necessary. Imposition of local taxes should not, however, affect the overall state responsibility of funding for these transit services. If the sales tax on gasoline is found to be unconstitutional, the League urges the Legislature to resolve the constitutional use of gas tax revenues for expanded uses. Until this is resolved, the League supports amending the statutory definition of road or highway, to include other transportation IllOdes within "transportation corridors." The League would then support a gas tax increase adequate to meet the current needs of these transportation modes. Under this funding option, mass transit projects within transportation corridors would be eligible for gas tax revenues if the projects helped to achieve the state's overall transportation goals, maximize Intennodal Surface Transportation Efficiency Act (ISTEA) funding, and reduce pollution to meet the requirements of the Clean Air Act. Eligible transit expenditures would include property, vehicles, and equipment for public bus and rail systems, and their related facilities. LUEET -5. Transportation Utility Fee (A) The League urges the Legislature to adopt League-sponsored legislation to authoriu cities to create, at their option, a transportation utility. Such authority would acknowledge: the effects of limited local revenues and cuts to the state aid revenues; the benefit to all taxpayers of a properly maintained local transportation system; and the severe limitations of existing special assessment authority. ~-~~.- ...tCIf A transportation utility, comparable to the statutory authority for cities to operate stonn sewer utilities, would provide a stable, long-tenn, dedicated funding source for reconstruction and maintenance of city transportation facilities. ( Current transportation funding options available to cities are inadequate and the current special assessment law, Chapter 429 (Local Improvements, Special Assessments) does not meet cities' financing needs because of the benefit requirement. The law requires a minimum of 20 percent of such a project to be specially assessed against affected properties. In practice, however, proof of increased property value to this extent--benefit--can rarely be proven for regular repair or replacement of existing transportation infrastmcture. Altematives to financing through the use of Chapter 429 authority are nearly nonexistent. The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, and stonnsewers. The stonnsewer authority (1983), in particular, set the precedent for a process of charging a fee on a utility bill for a city service or infrastmcture which is of value to the entire city without metering and without proof of property value increases (benefit). A transportation utility would use technical, well-founded measurements, based on traffic generated. It would equitably distribute the costs of providing local transportation services, including properties which are exempt from the property tax. <. Authority for cities to operate a transportation utility would reduce the need for cities to incur the additional costs of debt in order to fmance major reconstruction and maintenance projects. It would also limit the frequency of large special assessment charges on individual property owners. Finally, authority for this utility would be C League of Minnesota Cities .n enahling only. Cities would need to individually weigh the benefits of such a tool for lheir long-teml maintenance and re~'(lnstnIction tl~lIlspol1ation needs and have lheir eity councils approve the use of the utility. LUEET -6. Bridge Funding (B) I1ze League urges the state to acknowledge the importance of local bridges to the statewide transportation network and the overdue need for funding bridge repair and replacement. A funding program should be continued at an annual level of at least $30 million in order to provide the necessary funds for cities, towns, and counties to replace and repair local bridges. Additional bonding authority, general fund appropriation, and/or tax revenues should be made available for new bridge construction across the state. LUEET-7. Municipal State Aid System (B) A. In order to more adequately represent the current eligible miles of city streets, the League supports raising the municipal state aid system (MSAS) limit to 3,000 miles. This is an administrative change only and will not affect the actual distribution of MSA funding. Existing law limits the system to 2,500 miles and total mileage currently in the system is approximately 2,300. This mileage increase for the system is necessary to accommodate the mileage needs of growing cities which reach the 5,000 population level and larger cities with growing street systems so that these cities may also receive adequate municipal state aid. B. The population factor of the municipal state aid system should be changed to reflect annual population updates based on estimates from the state Qf!1:sWgrapher or Metropolitan COllncil, rather than federal or special ceuSllS COll1ltS. C. /11 spite of the cOI1.wlidlltiol1 I!lthl' metropolitan state cOllstlllclioll Ili.\"tlict.v :; tlud 9, the League SUpp01ts legislation which continlles the previous metropolitan membership on MnDOT committees to ellsure adequate statewide representation. By law the MSA Screening Committee consists of one member from each highway district and from each fIrst class city. The unintended effect of combining the metropolitan districts reduces metropolitan representation on this body. LUEET-8. Railroad Right-of-Way Preservation (B) The League urges the Legislature to acknowledge the impOrlance of abandoned railroad rights-of-way, and to work to preserve future abandonments for PlIblic use. Over 50 percent of Minnesota's railroad rights-of-way (5,000 miles) have been abandoned in the last 60 years and an additional 1,000 miles are projected to be abandoned in the next decade. These rights- of-way have great public value, for transportation, communication, recreation, and environmental purposes, and the federal Intennodal Surface Transportation Efficiency Act (ISTEA) program strongly supports efforts to reclaim and reuse abandoned railroad rights-of-way. Bicycle or hiking trails, snowmobile routes, light rail lines, utility corridors, transmission corridors, and pipeline corridors are just a few examples of important future uses of railroad rights-of- way. The public cost to acquire these rights-of-way increases substantially once rights-of-way have been abandoned or sold off in small parcels. Because future abandonments are unpredictable, the time for public acquisition 1994 City Policies and Priorities 33 :an be relatively short, and numerous governments may be involved, the state needs to become involved to ensure preservation of these corridors until such time as the future puhlic use can be detennined. LUEET-9. Transportation Services Fund (B) The League encourages further clarification and separation of transportation-related spending of the highway user distribution fund and those non-highway or non-transit purposes which should be funded from the transportation services fund. Funding for local and state roads, for facilities, operations, and maintenance should be clearly appropriated from the highway user distribution fund. The League opposes diversion of these funds for other state programs (such as the Department of Public Safety, Tourism, the Safety Council, river parkways, etc.) which do not directly benefit the transportation or transit systems in the state. These operations should be funded directly through the state's general fund. The League supports the establishment of a transportation services fund by the 1994 Legislature as a positive first step toward this policy. LUEET -10. Wastewater Treabnent . (B) The League supports continued state and federal assistance, and alternative programs, which provide financing for wastewater treatment constmction projects. Clean watcr is vitally important to the citizens of this country and particularly to residents and visitors of Minnesota. Minnesota's cities remain committed to improving water quality. Unfortunately, the costs involved in providing cleaner water are staggering. Because of the incredible cost, it is economically impractical - ---.....-::t to immediately eliminate wastewater pollution. Therefore, all levels of government must take a reasonably balanced approach to solving the wastewater pollution problem. ( The ability of cities to comply with any clean water program is contingent upon the availability of adequate funds for treatment facilities. Since 1978, federal grant funding for the wastewater treatment construction grant program has been rapidly phased out. The same budget constraints facing the federal government exist at the state and local level but to a greater degree due to limited revenue sources. . The League supported creation of both the revolving loan fund and the state independent grants program and continues to support state financial assistance which is based on the economic ability of each local government to finance its wastewater treatment infrastructure. The programs should be streamlined to minimize delays ~~~~~1~~ :~~ee~:~~~:ri~~Vil~:t~e~~. (- Funding priorities should bc estahlished based on the environmental sensitivity of the receiving waters and the quality of the effluent discharged from the facility. . 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 same time assigning these communities a low priority on the needs list for state and federal funding. . The League supports recent Pollution Control Agency (PC A) efforts to have agency staff available to communities as resources for operator assistance, evaluation of treatment needs, educational or liaison efforts, and rate-setting assistance. The League <... League of Minnesota Cities ]4 particularly supports the use of neighboring city staff as additional advisors for communities. The League requests that the Legislature provide additional staff and resources to the the agency to continue and expand the community assistance program. · Financial assistance programs should not penalize communities that have adjusted their local utility rate system or reserve funds to meet facility financing needs. · The League supports restricting eligibility for on-site system financing to areas which are not readily able to connect to existing or programmed city sewage facilities. · The League opposes direct or indirect restrictions on construction of new city facilities if these restrictions are inconsistent with other state or regional development controls. LUEET-ll. Water Conservation and Preservation (B) 11le League supporls state water conservation and preservation programs that maintain a significant role for cities and provide adequate financial assistance and flexibility. In urder to safeguard the public health and the environment it is necessary to conserve and preserve our water resources. Many watershed districts, counties, cities, and towns have done a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost-effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems, instead of establishing a new system or creating new organizations. The League supports, as a basic principle, that no one has the ri~t to pollute either ground or surface water resources. A reasonable relationship of economic and social costs and benefits should be a precondition toward achieving a goal of non-degradation or treatment resulting in clean water. The ability of cities to meet goals must be recognized as contingent upon the availability of adequate funding, including state assistance. These principles should apply to both the protection of our drinking water supplies and the operation of municipal services. The League supports the following groundwater and surface water protection initiatives. · Continuation of the state's safe drinking water act compliance program which undertakes federally mandated tests on behalf of cities. However, re-examination of the water connection fee imposed by the Department of Health on connections to public water supplies should be undertaken. The fee should be modified to eliminate the inequity in the current $5.21 per year fee being collected from community supplies but not from non-community systems. Additionally, measures to ensure that testing is accomplished in a cost-effective manner should be adopted, including the use of private sector laboratories. · Local units of govemment should retain the basic responsibility for surface water management, because they arc closest to the problem. Efforts to minimize duplication in regulatory programs should be continued. The state's new wetland conservation program should continue to be evaluated and amendments to improve the act should be required to be introduced in the 1995 legislative session, especially amendments to provisions of the wetland rules that conflict with existing state stonn water management and water quality programs. The League supports 1994 City Policies and Priorities 35 efforts to control erosion and sediment nmorf not only from urban sources but from non-urban sources. . The League supports a full legislative review of all water-related penn it fees and opposes the imposition of these fees on local units of government to the extent that the actual costs to the state cannot be specifically justified and only serve as an alternative means for the state to raise revenue. If fees are detennined 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. LUEET-12. Wetlands Conservation (B) The League, along with many other go vemm ental associations, supported passage of the 1991 wetlands conservation act. Experience gained by administration of the interim program and participation in the rule-writing for the pennanent program indicates a need for additional legislative action. Specifically, the League supports the following legislative initiatives. Remove the $75 limitation on replacement plan reviews. Since all proposals to alter, drain, or fill a wetland involve a substantial expenditure of local staff time, including, but not limited to, professional engineers or hydrologists, any limitation on cost recovery less than actual expenses means that the general taxpayer is subsidizing the proponent of an activity which, by defmition is potentially adverse to the environment. Initiate detailed review of costs/benefits of expanding the scope of protected wetlands to ,.." include Types I, 2, and 6 and evaluate alternative mitigation methods to compensate for any direct loss from impacts to Type I, 2, and 6 wetlands. Amend the governmental oversight process so landowners can clearly understand which government unit needs to review a proposal, and refine the system to ensure expedited reviews of proposals consistent with the environmental goals of the program. Provide for state defense and indemnification of local governments administering state laws for any "taking" claims which property owners might allege. Make wetland replacement rcquirements cqual between urban and non-urban land at a I: I ratio. LUEET-13. Zoning, Subdivision, and Pbmning Statutes (8) The League supports the recodification of the existing planning enabling statutes but ( opposes changes that would restrict cities' current substantive and procedural flexibility to address unique circumstances. Minnesota's zoning, planning, and subdivision statutes and regulations are essential to promoting economic development, preserving environmental resources., and ensuring the efficient delivery of public services. The governor's advisory council on state-local relations conducted a thorough review of the state's planning and zoning laws. The League participated in this study. A subcommittee of local elected officials was fonned to review the recommendations developed by a technical committee composed of planning officials from townships, cities, counties, regional development commissions, and the state. Those recommendations have been collected in a report on land use legislation, and draft legislation has been ( prepared, reviewed, and modified by Cities \... 36 League of Minnesota Cities throughout Minnesota. The League supports passage of the Icgislation as currently proposed. The 1993 Legislature preempted local aUlhority to adopt setback requirements for manufactured homes in a manufactured home park if the ordinance would have the effect of prohibiting replacing a home in a park with a home manufactured in confonnance with state standards. This preemption is scheduled to lapse August 1, 1994. The League urges the Legislature to allow the preemption to lapse and to allow local governments to continue to adopt and enforce reasonable public safety regulations. If the state precludes local regulation, it should recognize and assume responsibility for potential liability for personal injury and property damage, which arises as a result of the state action. LUEET-14. Energy Conservation (C) The League supporls legislation providing incentives for energy conservation in both the public and private sectors. Overall energy conservation strategies involving the public, private, commercial, and industrial sectors are being developed based on the rationale that conservation efforts achieve the greatest energy savings at the lowest cost. Many of these efforts are receiving valuable assistance from the state. The League believes that a city's individual energy conservation strategy can be accomplished if the Legislature pennits or establishes some of the following measures. · The League recommends support of the use of bonding and special levies by loca governments for implementation of energy conservation measures, including building energy audits. This authority would supplement the current municipal energy loan program. The Legislature should also ---=--..JICSt continue to encourage private sector conservation through tax credits and other incentives and should explore the possibility of expanding incentives for earth-sheltered, solar, super-insulated, and underground development. · The League supports efforts to promote statewide applications of district heating and cooling technology including: providing additional funds or the ability to special levy for conducting district heating and cooling feasibility studies at the community level; ensuring consideration of district heating and cooling potential in the power plant siting process; and continuing use of the state district heating bond program for renovation of existing district heating and cooling systems. · Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: Continuation of the fuel assistance program for low-income households, with expanded services to train recipients in energy conservation practices and with a requirement of recipient participation in weatherization programs if the recipient is the owner; Support for weatherization programs operated through cities, counties, and community action program agencics; and Continued support for the Minnesota Housing and Finance Agency's loan and grant program for home weatherization. . Local governments are in the best position to assess local needs and regulate energy consumption within their communities. The League recommends giving any municipality the option to 1994 City Policies and Priorities 17 adopt and enforce standardized provisions or appendices regarding energy conservations that are more stringent than the state building code. LUEET-15. Environmental Trust Fund (C) The voters have approved a constitutional amendment for the creation of an environmental trust fund, and the Legislature should act promptly to include as eligible programs wastewater treatment facilities, Superfund cleanup actions, and solid waste disposal facilities, except the siting of new incinerators. The 1988 Legislature concluded that all Minnesotans share the responsibility to ensure wise stewardship of the state's environment and natural resources for the benefit of current citizens and future generations, and that the proper management of the state's environment and natural resources requires foresight, planning, and long-tenn activities that allow the state to preserve its high quality environment and provide for wise use of its natural resources. In order to provide a long-tenn, consistent, and stable source of funding, the Legislature asked Minnesota's citizens to approve the creation of a constitutionally dedicated environment and natural resources trust fund fmanced by one-half of the state lottery (with voter approval) and other state appropriations. The ballot indicated that the environmental trust fund "will be used for air, water land fish , , , wildlife, and other natural resources." The voters approved the measure overwhelmingly. Although the fund is constitutionally created, the eligibility of programs and projects for funding is set by statute. Current law provides that the following programs or projccts arc cligiblc for financing from the trust fund: -,._~ . RIM (Reinvest in Minnesota), a program encouraging the use of marginal agricultural land as wildlife habitat; . Research projects; ( . Data collection; . Public education programs; . Capital projects preserving or protecting unique resources; and . Activities that preserve or enhance wildlife, fish, and other natural resources that otherwise may be substantially impaired or destroyed in any area of the state. Projects or programs specifically excluded from eligibility include: . Superfund cleanup actions; . Wastewater treatment projects; and . Solid waste disposal facilities (incinerators, landfIlls, etc.) The legislation does provide that if the principal of the trust fund reaches or exceeds $200 million, up to five percent of the fund ($10 million) may be used to provide cities ( with below market rate interest loans for water system improvements. Every one of the environmental protection programs identified as ineligible to receive trust funds have estimated needs of tens and hundreds of millions of dollars. The need to allocate governmental resources to ensure adequate and clean water for drinking, recreation, and commercial use should be one of Minnesota's highest priorities. The efficient management of solid waste is also an immediate and demonstrated need, yet these programs are ineligible for trust fund financing. A trust fund may indeed be needed, but the Legislature should act to ensure that an environment and natural resources trust fund not ignore current serious and expensive environmental prohlcms. A balance bctween short- and long-tenn environment and naturJI resources needs should and can be established. <-- 38 League of Minnesota Cities The state should adequately finance current programs designed to provide this and future generations with a quality environment and abundant natural resources, and increasing the types of programs eligible for funding from the trust fund is one way for the state to meet its obligations. .~~ 1994 City Policies and Priorities ~Q REVENUE SOURCES RS-l. State Aid to Cities (A) State aid and property tax relief programs for cities were originally established in conjunction with the introduction of the state sales tax to reduce the reliance on the property tax. These programs have allowed cities to provide an adequate level of services to Minnesotans, regardless of local property wealth or service overburden factors. Certainty and stability in the state aid system remain a major goal for city officials. However, in three of the past four years, state aid originally certified to cities during their budget process has been retroactively cut. When this occurs, city officials have few options but to reduce essential city services and delay necessary maintenance programs. To ensure certainty and stability, the League recommends the following policy guidelines if changes are made to the state aid system: A. Local govemment aid (LGA) should remain an essential component of the property tax system. The program should annually grow along with the growth in local gove17lment tmst fund (LGTF) revenues. LGA is an important source of non-property tax revenue for cities. Annual growth in the appropriation for LGA is necessary to prevent increased or excessive city reliance on the property tax. The League continues to support its 1993 LGA fonnula proposal and, guided by the principles of that fonnula, will support fonnula changes that will improve the stability or the integrity of the program. Il. The League opposes the conversion of city homestead and agricultuml credit aid (lIACA) or LGA to school aid. - ----.:..IICIll Converting city HACA or LGA to school aid ( could force cities to dramatically increase their property taxes in order to maintain sufficient operating revenues. In addition, due to constant pressure to increase the resources available for schools, there is no assurance that conversion of city HACA or LGA to school aid would result in penn anent reductions in school levies or have a neutral impact on the taxes paid by local taxpayers. C. The League supports resttHing the IlACA growth factor for cities. The 1993 Legislature repealed this provision for cities, schools, townships, and special taxing authorities. However, counties continue to receive additional HACA under this provision. The HAC A growth factor assures that the property tax relief provided by the state through the classification system is paid by the state and not provided by shifting (. tax burdens to other types of property. RS-2. Local Government Trust Fund (A) The 1991 Legislature established the local government trust fund (LGTF) to create a dedicated and stable source of revenue for necessary state property tax relief programs. However, since its inception, LGTF revenues have been the target of budget balancing efforts of both the Governor and the Legislature. With uncertainty surrounding the 1994-95 biennium budget, the LGTF is beginning to resemble the unstable and undesirable system it was designed to replace. The League recommends the following policy guidelines if changes arc madc to the local govemment trust fund: l 40 League of Minnesota Cities A. The League continues to support the local government trust fund (LGTF). However, this support is contingent on the stability and integrity of the fund. Cities continue to support the concept of the LGTF which includes an irrevocable dedication of a portion of the sales tax and motor vehicle excise tax to a defmed and stable set of property tax relief programs. If dedication cannot be assured under the current system, the League will pursue modifications to the structure and composition of the fund or a constitutional dedication of the trust fund revenues to property tax relief programs, or both. B. To prevent rapid increases in local property taxes, city aid from the local govemment trust fund (LGTF) should adjust annually at the same rate as sales tax and motor vehicle excise tax (MYEl) revenues. The LGTF was established to provide a secure source of funding state aid and property tax relief programs. These programs are an important revenue source for most cities. Without growth in these programs, property taxes would be used to fund all necessary budgetary increases. C. I1le League supports modification to the local government trust fund (LGTF) provisions governing surpluses and shortfalls in the fund,. all programs funded by the trust fimd should be adjusted in a direct proportion to the surplus or shortfall. Currently, surpluses are distributed to local government aid (LGA), the county community social services act (CSSA), and county criminal justice aid. Shortfalls in the LGTF are balanced by reducing nearly all programs funded by the LGTF, including homestead and agricultural credit aid (HACA). The integrity of the LGTF would be enhanced, and the volatility of any particular program would be reduced if al! Rwrams were adjusted in a similar manner. D. The League opposes changes to the property tax classification/HACA system that would cause significant shifting of propelty tax burdens from one class to others. A portion of the property tax relief provided to farms by the 1993 Legislature was accomplished by shifting county and school taxes to city taxpayers. This shifting causes local property tax burdens for certain properties to increase due to the actions of the Legislature. However, local govemment officials are held responsible by their taxpayers. RS-3. Property Tax Reform (B) The League of Minnesota Cities will support property tax refonns that will enhance the understandability and fairness of the property tax system without compromising the ability of cities to provide services to citiuns. The property tax is the only major tax available to finance city operations. Any refonns that erode this tax source should also provide alternative revenue sources that will both ensure stability for local taxpayers as well as equity in the levels of service provided to all Minnesotans. RS-4. State Unallobnent Authority (B) The League supports the basic structure of the unallotment authority given to the Governor in 1993. The League encourages the Legislative Commission on Planning and Fiscal Policy to recommend similar provisions for the future. The unallotment authority would allow the Governor to reduce state spending across the board. This preserves the relative spending priorities established by the Legislature and minimizes the potential impact on any given 1994 City Policies and Priorities .:11 program. The unallotment authority should Dnly penn it spending reductions to. cover immediate cash flow needs. Any reserve above the necessary cash flow should be . available and drawn down to cover budgetary commitments previously approved by the Govemor and the Legislature. RS-5. Property Tax Administration (B) A. Cities should receive a share of revenues from penalties and interest collected on delinquent property taxes. Under existing law, one-half of penalty and interest payments on delinquent property taxes are distributed to counties and one-half to school districts. This policy doesn't accurately distribute the penalties and interest which accrue on taxes that are levied by cities. Because the Legislature has not been inclined to correct this inequity, the League proposes that a compromise distribution be instituted -- allocation of one-half of all penalties and interest on property taxes to school districts, and the other half to be equally divided between cities and counties. This arrangement will not result in any net cost to the state. When property taxes are delinquent, cities-- just like counties and school districts--lose expected revenue, and the current value of tax revenues. Delayed tax payments can cause a city to reduce services or spend down reserves as they wait for late payment of property taxes. Counties have always received such revenues without deductions from levy limits or from state aid payments; it is treated as "other income." Cities should receive their appropriate share of penalties and interest on their delinqucnt property taxes as an unlimited n:venue source. Cities should also continue to receive the - ~:-;...IICtP penalties and interest which accrue to their special assessments. B. Counties should distribute property tax C.... and other city revenues as soon as practicable. To help encourage prompt distribution, cities should receive market interest on property tax and other city revenues held by the counties from the property tax settlement date until they are distributed. In 1993, counties are allowed to hold payments made on or before May 15th until July 6. Although cities may petition to receive up to 70 percent of these tax revenues by June 21, this still allows counties to accrue interest on city tax receipts for over a month. With the October 15 payment, the counties can hold the funds until November 30 , there is no opportunity for earlier payment to cities. These delays benefit the counties and result in lost cash flow benefit for cities. C. The Legislature should repeal authority for counties to assess a separate charge to ( administer special assessments. The 1993 Legislature has given new authority to counties to impose unlimited charges to administer special assessments. This new fee brings into question what county functions are paid for by a county's general fund levy, including the general administration of all such taxes and fees. This new fee results in higher taxes for city residents, who are also county residents and pay county taxes. This authority allows counties to impose unregulated and unnecessary fees for duties which should be included in the overall costs of county government. This new authority is also contrary to the current efforts of cities to become more cost efficient. There is no opportunity for cities to chose to administcr special assessments in the most competitively economical manner (eg. l duties perfonned by the city, a private 42 League of Minnesota Cities contract, etc.). RS-6. Service Duplication Taxation Exclusion (B) I1le League encourages the Legislature to adopt League supporled legislation which would enable city property taxpayers to become exempt from county levies for services which are either not provided to city residents or which duplicate services provided by the city. In many cities, residents are paying the costs of county provided services such as police protection, which primarily benefit county residents outside the city. In other cases, city residents may receive benefits from the county spending, but the services duplicate services which city governments are already providing. In order to more fairly allocate the cost of services and to eliminate duplication, city taxpayers and city governments should be given authority to petition to be exempt from county taxes or fees for services that duplicate city service or for services that are not provided by the county within the city limits. Currently, the city taxpayers in some cities are not required to contribute to the costs of a county library system if they are already paying for a city library system. Legislation should be passed to allow this arrangement to he extended to other services. During the 1994 session, the Legislature should study this proposal and hold hearings to allow testimony to adequately assess the extent of the issue and the need for realignment of taxation and service provision. RS-7. City Fund Balances (B) The Legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain the fiscal stability of city governments, provide adequate cash flow, allow purchases of capital goods and infrastructure~ Jrld to maintain favorable bond ratings. There are many financially sound reasons for cities to have adequate cash balances, including the following. . The funds that a city has on January I must finance their expenditures for the first six months of the year. A city's primary sources of revenue, property taxes and state-shared revenues, are not received until June and July -- six to seven months into the city fiscal year. Just as the state has asserted its need to maintain an adequate cash reserve account, a city must have a fund balance for its operating expenditures to avoid interfund or commercial borrowing. However, unlike the state government, cities do not receive monthly revenues from numerous sources (such as sales taxes, personal and corporate income taxes, and various fees and charges to other governments). The altemative is costly borrowing, which is not in the interest of local taxpayers or the state. . Some cities also use their fund balance for major capital purchases or infrastructure. By gradually accumulating revenue over a period of years, a city can save its taxpayers the expense of issuing debt and incurring a large expense in one year. Cities explain this process of "saving" for major purchases, such as fire equipment, to their taxpayers and the statc whcn cities "designate" their fund balance for such a purpose. . Cities need to maintain some fund balance to meet emergency or unanticipated expenditures created by situations such as natural disasters , lawsuits, and premature breakdown of vital equipment. Cities are not allowed other revenue raising authority to address these issues during their budget year. 1994 City Policies and Priorities 43 . Bond rating finns require proof of financial liquidity and a demonstrated ability to service debt in order to receive a favorable bond rating. Adequate city fund balances are required for preferential bond ratings. Additional interest costs, and higher taxpayer burdens, result when cities without adequate fund balances receive poor bond ratings. The better the bond rating of a city, the lower the interest costs of borrowing are to the taxpayer. RS-8. City Fmancial Reporting Requirements (B) The League supports moderniU11ion and an increased level of comparability of financial data that cities report to state agencies. The League will continue to work with the financial reporting and accounting study (FINREP), the Intergovernmental Jnfonnation Systems Advisory Council (IISAC), and the Legislative Commission on Planning and Fiscal Policy to accomplish these efforts. The Legislature should, however, fund the study and implementation of changes through the general fund, rather than the Local Government Trust Fund which is to be dedicated to property tax relief. Local accounting practices and preferences should not be required to change as a result of the study, nor should local costs increase. Finally, requirements for reporting additional infonnation should be carefully weighed to detennine the validity of the state's need for local government data. Minnesota has one of the most modern and rigorous systems of municipal finance oversight in the nation. The Office of the State Auditor currently receives and reviews annual financial reports from all cities. Cities over 2,500 are required to have annual audits and the Auditor has authority to audit any city. Cities also report financial data to the Department of Revenue, Pollution Control Agency (PCA), Department of Trade and Economic Development (DTED), and other --, .~. ..IIISJ state agencies. The private accounting field has proven to be fully competent to conduct city audits, and are likely to be more economical than contracting with a public ( agency. Therefore, the League is opposed to giving the Office of the State Auditor the authority to audit cities or their instrumentalities. For all audits, local governments should be allowed to take proposals and use a private auditor rather than the State Auditor, if the government chooses. In addition, cities with populations under 2,500 should continue to be exempt from the expense of an annual audit. RS-9. Cooperation, Collaboration, and Consolidation (B) The League supports the extensive efforlS which have been made by cities across the state to provide services through cooperative agreements, collaboration and, in some cases, consolidated programs or govemments. We supporl the creation of the Board of Govemment Innovation and Cooperation, and the opportunities it provides to help ( stimulate cooperative efforts and to eliminate mandates. Additional funding for grant programs, however, should not be funded through the local government trust fund and should not be at the expense of funding for current aid programs. The state needs to acknowledge that even with state encouragement, local officials are the most qualified to detennine where shared or consolidated services are most appropriate and will be most effective. Many studies and surveys of cities in Minnesota have shown that cooperative agreements and shared services are very common. Cities across the state continue to make efforts to increase the number and extent of programs provided, and/or to reduce the costs of public services. Because city officials are most qualified to assess local needs, the Legislature should not mandate cooperative agreements or consolidation requirements for l 44 League of Minnesota Cities any city services or the fonn of city govemment. RS-IO. Service Fees for Government-Owned Property (B) The Legislature should establish a program for reimbursing municipalities for services to state and regional facilities. The program should (1) ensure that state and regional agencies pay for services that benefit their property, and (2) allow cities to receive compensation for services that are funded through general revenue, such as police and fire, which are valuable to state and regional agencies. Any such fee-for-service program should not be funded through the local govemment trust fund. ( The State of Minnesota owns a significant amount of property within cities in the state. Cities provide a range of services that benefit these properties. However, since the state is exempt from paying property taxes, fllunicipalities are not reimbursed for the cost of these services. This places an unreasonable burden on cities. The State of Wisconsin established a program called "Payment for Municipal Services" in 1973. The program provides a mechanism for municipalities to be reimbursed by the state for services they provide to state-owned properties. Through a fonnula based on the value of state-owned buildings within a city, the Wisconsin system reimburses cities for police, fire, and solid waste services. RS-11. State Administrative Costs (C) The League opposes the policy of deducting state agency administrative costs from funds which are appropriated for property tax relief. If the state continues this inappropriate policy, the costs should be more equitably borne by the full local --,-~ govemment trust fund, rather than only from funding for local government aid (LGA). The League believes that all state government expenses should be subject to the standard appropriation review process and be funded directly by specific state appropriation, not by blanket deductions from property tax relief programs and from state grants. Where a state agency is required to recover costs through a state charge-back for services to local units, the state should be required to hold administrative hearings to justify the charges on the basis of the services provided to the individual local units of govemment. City LGA provides financing for administrative costs for: the Office of the State Auditor, the Department of Administration (for the Intergovernmental Infonnation Systems Advisory Council (llSAC), the State Demographer, and the Department of Employee Relations. For 1993 LGA, $502,972 was deducted for these state agencies. In addition, LGA funds, distributed primarily to cities, have been used to finance operations by the State Auditor and Department of Administration, which are not caused by cities alone, but by all local governments, including counties, school districts, and townships. RS-12. Taxation Hearing and Notification Law (C) The League suppoT1s a property tax hearing and notification process that provides accurate and timely infonnation to taxpayers, fits into the current budget process for local governments, and is cost-efficient. n,e process should continue its focus on property taxes raised from local taxpayers. State government should set an example, and be required to follow similar requirements for public hearings and notification processes Oil tax and budget issues. 1994 City Policies and Priorities 45 The state-mandated "truth in taxation" process has existed through four years of local government budget cycles. Both the major changes and the minor tinkering have not suhstantially improved the process for citizens or for local govemments. The League urges the Legislature to make the following changes to improve the effectiveness of the process for both taxpayers and local govemment officials. . The process should be limited to one official, announced public hearing to discuss the proposed levy. The actual adoption of the levy and budget should take place at a regularly scheduled meeting of the governing body of the city, county, school, or special district. Cities already conduct an open budget development process beginning as early as May, and becoming more final with the certification of proposed property tax levies by September IS. . Local governments should be allowed to amend the levy that they preliminarily propose to the county auditor on September IS. Many cities have a difficult time realistically assessing their budget needs to be able to certify a proposed levy and budget by September 15 _ far ahead of the beginning of the next budget year. The early date, combined with the restriction that prevents the city's final levy from exceeding its preliminary estimate, works against responsible budgeting and forces cities to overestimate their budget needs to avoid potential revenue shortfalls. . As a state mandate, the costs of this requirement should be fully funded by the state. The appropriation made for the 1990 process has not been renewed. Local governments must now find additional funds to finance this state-mandated process from their tight or shrinking local budgets. ~-~-- ..--..... . Proposed tax infonnation should continue to be provided on the mailed notice; financial data requirements in newspaper advertisements should continue to be excluded. The Legislature should consider eliminating the newspaper advertisement requirement -- notices sent to each property owner and posted in each apartment building effectively notify citizens of the hearings and proposed levies. Tax dollars spent for the cost of publishing advertisements could be better spent on city services for taxpayers. ( . The title of the requirement should be changed to the "taxation hearing and notification law." The current title implies that there was and would be a lack of accuracy and accountability without this process. In addition, the calculations used in the process are frequently misleading and confusing, and challenge the "tmthfulness" and accuracy of the infonnation provided. RS-13. Local Property Tax Authority (C) ( The League strongly supports the Legislature's repeal of city levy limits and support of local decisions on city spending. Without levy limits, local accountability is enhanced and cities are allowed to plan for, and respond to, changing financial conditions and the increasing costs of state and federal mandates. Levy limits are inconsistent with the principles of local selj-govemment and accountability. RS-14. Referendum Levies (C) The League supports repeal of the requirement that city referendum levies, unlike general property tax levies, apply to property market value. In addition, it may not be accurate for a referendum ballot to state "By voting YES on this ballot question, ( League of Minnesota Cities 46 you are voting for a property tax increase. " The state has deliberately designed a system of property classes based on property use which creates varying tax burdens. The method by which a property tax is adopted should not influence this class rate system. This law makes an inappropriate distinction between capital expenditures and operating expenditures only for city governments. Both spending items are components of total city spending and should impact taxpayers comparably. If the Legislature wants to adjust tax hurdens, changes should be made in the classification system, rather than through the tax base. In addition, the simple statement that taxes will rise as a result of a referendum levy may be false. In cases where the city has reduced their general levy, or a previous debt is retired, a city's property tax levy may (' ----=- actually decline when compared to the prevIOus year. RS-15. License Fees (C) The Legislature should repeal all maximum fee provisions relating to off-sale' liquor, on-sale wine, bottle club, and Sunday liquor licenses, and allow cities to decide locally the appropriate fee to charge for such licenses. The statutes typically grant authority to issue licenses or penn its without specific maximum fees. Cities should have the discretion to set fees based on their own costs, needs, and standards. Case law provides ample limitations on cities' power to set license fees by requiring that revenues produced must be related to the cost of issuing the license and regulating the licensed business. The statutory maximum fee has not increased in over 30 years. 1994 City Policies and Priorities 47 ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and Council Daryl E. Sulander'oFinance Director ~b November 2, 1993 1993 Government Finance Officers state Conference I attended the 1993 State conference of the Minnesota Government Finance Officers Association in Alexandria, MN held October 13th through the 15th. The keynote speaker was Representative Dee Long. Her discussion focused on the priorities and direction of the upcoming legislative session. I attended several presentations ranging from technical topics such as Budgeting and Public Hearing Presentations, to more subjective offerings such as Attitude Motivation and Coaching for Employee Development. The conference also provided socialization time. I met with several of our investment firms and many other Finance Officers providing time for ~xchanging ideas and prognostication on what lies ahead. The conference was a very beneficial three days. !~ , .f ~c., ~qj ,I' ;1 I-58 Oak Grove BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Robert J. Ferderer John W. Carey Dorothy E. Kobs James Kordiak. Dan Erhart Chair Vice Chair Commissioner EX-Officio Member Ex-Officio Member --------------- -------- IN THE MATTER OF THE PETITION FOR THE INCORPORATION OF THE TOWN OF OAK GROVE PURSUANT TO MINNESOTA STATUTES 414 ) FINDINGS OF FACT ) CONCLUSIONS OF LAW ) AND ORDER ) AND MEMORANDUM OPINION ------------- -------- The above-entitled matter came on for hearing before the Minnesota Municipal Board pursuant to Minnesota Statutes 414, as amended on July 14, 1993, in the Oak Grove Town Hall, Cedar, Minnesota. The hearing was conducted by Terrence A. Merritt, Executive Director, pursuant to Minnesota Statutes 414.01, SUbdivision 12. Also in attendance were Kenneth F. Sette, then Chair, Robert J. Ferderer, then Vice Chair, and John W. Carey, then Commissioner and County Commissioners James Kordiak and Dan Erhart, Ex-Officio Members of the Board. The Town of Oak Grove appeared by and through Timothy Keane, Attorney at Law. There were no other appearances of record. Testimony was heard and records and exhibits were received. After due and careful consideration of all evidence, together with all records, files and proceedings, the Minnesota Municipal Board hereby makes and files the following Findings of Fact, Conclusions of Law, and Order. " I. 2 FINDINGS OF FACT 1. On May 28, 1993, a copy of a petition for incorporation by the Oak Grove Town Board was filed with the Minnesota Municipal Board. The petition contained all of the information required by statute, including a description of the territory for incorporation, which is as follows: sections 1 through 4, and; the south 1/2 of section 5, and; the east 1/2 of the NE 1/4 of section 5 and; the south 1/2 of section 6 and; the NW 1/4 of section 6 and; that part of the NE 1/4 of section 6 lying north of the center line of County Road 24 and the west 1237.5' of the NW 1/4 of the NE 1/4 of section 6 and; sections 7 through 36, all within Township 33, Range 24, Anoka County, state of Minnesota. Approximately 22,600 acres. 2. Due, timely and adequate legal notice of the hearing was published, served and filed. 3. The area subject to incorporation, hereinafter referred to as "Town," is unincorporated, and approximately 22,660 acres in size including approximately 2,113 homestead parcels and 641 non- homestead parcels. The Town abuts Burns Township to its West, the cities of st. Francis to the North, East Bethel to its East, Ham Lake to its Southeast, Andover to its South and Ramsey to its Southwest. 4. The Town has generally sandy, glacial til soils with a flat to gently rolling terrain. A majority of the agricultural land in the area is zimmerman sand. This is part of what is commonly referred to as the Anoka Sand Plain. The Town has approximately 609 acres of water. The Rum River. Cedar Creek, Lake George, Swan Lake, Grass 3 Lake and approximately 4,759 acres of type 3-8 wetlands are located within the Town. 5. The Town had a population of approximately 1,674 in 1970, a population of approximately 3,926 in 1980, and has a current population of approximately 5,441. 6. The Town has approximately 5,529 acres in residential use, approximately 250 acres in institutional use, approximately 10 acres in commercial use, approximately 684 acres in agricultural use, and approximately 16,380 acres in vacant land. In the past ten years, the Town has averaged approximately 56 new housing units per year. It is anticipated that the density of any residential development that will occur in the remaining 16,380 acres of vacant land will average 64 units per 640 acres. There are presently approximately 120 to 130 vacant lots within the Town. 7. The Town presently provides its residents with storm sewer, fire protection, street improvements and maintenance, administrative services, and recreational facilities. Presently sanitary sewer and water throughout the Town are provided by private systems. Along Lake George, there is a small community collector system that was created pursuant to Federal 201 money to correct an existing pollution problem. Electrical service is provided by Anoka Electric. The Town has developed a road maintenance program that provides for the grading of its roads approximately once per week. The recreational facilities include 33 parks, of which five are 4 ballfields. In addition, there are 250 acres of undeveloped open space for recreational use. The Town's zoning ordinance requires developers of new residential areas to donate ten percent of the land or pay a fee to be used for recreational purposes. The Town is presently working to reduce its fire insurance rating. 8. The Town is the site of the Oak Grove Sanitary Landfill, which is an EPA superfund site. The landfill has been closed since 1984 and is presently the subject of a permanent closure under the direction of the EPA. 9. There is presently no known septic system pollution in the Town. Given the soil conditions and the development within the Town, it is anticipated that stringent sanitary septic system review and maintenance will be necessary to avoid negative environmental impacts. 10. The cities of Andover, st. Francis and East Bethel have indicated no opposition to the proposed incorporation and have indicated no willingness to annex portions of the Town and service them with municipal services. None of the residents of the Town are seeking or have indicated any desire to seek annexation to an adjacent city for services. 11. The Town has a zoning ordinance, subdivision regulations, official map, capital improvements program & budget, fire code, shoreland ordinance and sanitation ordinance. The Town has hired a land use planner. 12. The Town adopted a comprehensive plan December, 1992, 5 pending final conditions of the Metropolitan Council. The primary focus of the Metropolitan Council's conditions were a systematic ongoing monitoring of on-site septic systems. The Town is working on development of ordinances to ensure private sanitary septic systems are properly monitored, pumped and maintained. The comprehensive plan includes a number of triggering events that will require reinvestigation of the planning documents. Those triggering events center around the number of housing units that are created. When 400 housing units have been developed in the Town, the comprehensive planning group will be reconvened to restudy the need for changed service delivery. 13. The Town is served by st. Francis School District No. 15 and a small corner in the southern end is School District No. 11. 14. The Town's population, assessed. valuation, and residential construction is anticipated to continue to grow. 15. There are approximately 116 . 3 miles of state, county and town roads in the Town. Approximately 25 miles of the 72 miles of Town roads are paved. In the 1980' s, the Town developed a requirement that new developments must contain paved roads. A county road running through swamps in the eastern portion of the Town, 221st Street, is a difficult dirt road to maintain. Sims Road is also difficult to maintain. Both of these roads are becoming major thoroughfares because the school district has chosen to build its elementary schools in the City of East Bethel, immediately east of the Town and accessible by these roads. 16. The population of the Town tends to be a bedroom 6 community with employment outside of the Town for most residents, resulting in increasing transit needs. The Town is presently the twelfth most populous local governmental entity within the County of Anoka, hereinafter referred to as "County." 17. The Town's market value for 1993 is approximately $163,792,600 with a tax capacity of $2,170,215. 18. The 1993 tax rates are as follows: The Town's tax rate is 39.660; its tax rate for the County is 32.779; its tax rate for School District No. 11 is 63.717; its tax rate for School District No. 15 is 60.090; and its tax rate for the special Taxing District is 1.032. The Town's Fire Insurance rating is 9. 19. The total bonded indebtedness as of July 1, 1993 for the Town is $1,295,751. 20. The tax rate of the Town is stable. 21. The Town is projected to receive an estimated $193,000 in Minnesota State Highway Aids if it is incorporated. Presently, the Town receives approximately $10,000 in highway money from the County for the past year. 22. The name of the proposed city is Oak Grove. 23. The proposed city plan of government suitable for the area to be incorporated is optional Plan "A" with a city council of five members, consisting of four councilpersons and the mayor. The mayor's term would be two years long. 24. Oak Grove's population is distributed enough throughout 7 the Town so that the most suitable method of electing all four councilpersons is an "at-large vote" of Oak Grove's residents. The Town Board did not indicate a desire or need for a ward system method of electing the councilpersons. 25. There is now and will continue to be a need for increasing governmental serVices in Oak Grove. The city form of government will be better able to protect the health, safety and welfare of the Oak Grove residents. 26. Oak Grove can be best served as a city in the matter of community planning, installation of thoroughfares, street systems, sewer and water systems, fire and police protection, recreational and other vital and necessary community services. Division of Oak Grove into a smaller community and the attaching of portions of the town to other towns or cities, may reduce the population level needed to quality for Minnesota state Highway Aids. 27. The Town form of government in Oak Grove is inadequate to cope with. the problems of urban and suburban growth and development within the town and does not efficiently and economically provide the necessary services for the residents. CONCLUSIONS OF LAW 1. The Minnesota Municipal Board duly acquired and now has juriSdiction of the within proceeding. 2. Incorporation is in the best interests of the Town of Oak Grove. 3. Municipal government is presently required to protect the 8 public health, safety, and welfare in Oak Grove. 4. The Town of Oak Grove has portions of it that are now urban or suburban or about to become so and there is no adjacent municipality capable of providing the necessary services to those portions of the Town. 5. The best interests of the area will be furthered by incorporation. 6. The Minnesota Municipal Board should issue an order approving the incorporation, and ordering an election of new municipal officers. o R D E R 1. IT IS HEREBY ORDERED: That the Town of Oak Grove, more particularly described in Findings of Fact 1 herein, be and the same hereby is incorporated into a city. 2. IT IS FURTHER ORDERED: That the city shall be named Oak Grove. 3. IT IS FURTHER ORDERED: That the plan of government for the new city of Oak Grove shall be optional Plan "A". The city council shall have five members, consisting of four councilpersons and the mayor. The mayor's term shall be two years. 4. IT IS FURTHER ORDERED: That the city of Oak Grove shall elect all of its councilpersons and mayor at-large, and that there are no wards within the city of Oak Grove. 5. IT IS FURTHER ORDERED: That the ordinances of the Town of Oak Grove, as well as the Land Use and Planning controls and other ordinances of the County of Anoka, shall continue in effect . 9 within the former boundaries of the Town of Oak Grove until repealed or replaced by the governing body of the new City of Oak Grove. 6. IT IS FURTHER ORDERED: That the population of the new City of Oak Grove is 5,441. 7. IT IS FURTHER ORDERED: That all license privileges be maintained as permitted by the Town including the number of liquor licenses already authorized by the State of Minnesota until repealed by the governing body of the new City of Oak Grove. 8. IT IS FURTHER ORDERED: That upon incorporation all money, claims or properties including real estate owned, held or possessed by the former town, and any proceeds or taxes levied by such town, collected and uncollected, shall become the property of the new City of Oak Grove with full power and authority to use and dispose of for such pUblic purposes as the council deems best subject to claims of the creditors. ' This will include cash reserves/fund balances of the town and all public property and equipment held by the town. 9. IT IS FURTHER ORDERED: That the Town's outstanding indebtedness, prior to incorporation, will be the financial obligation of property owners within that former tax district. 10. IT IS FURTHER ORDERED: That the first election of officers for the new City of Oak Grove shall be held on the 13th day of December, 1993. Any person eligible to vote at a township or municipal election within the area of the new municipality is eligible to vote at such election. 10 11. IT IS FURTHER ORDERED: That the hours of the election shall be from 7:00 a.m. to 8:00 p.m. 12. IT IS FURTHER ORDERED: That the polling place and election judges for the election of officers shall be as follows: polling place: The Oak Grove Town Hall, 19900 Nightingale Street N.W., Cedar, MN 55011 Election Judges: Barb Jensen, Bernice Christiansen, Juanita Stewart, Peggy Wells, Sandra Christensen and sandy Hanson Alternate Election Judges: Sue Bearl and Bill Cameron. 13. IT IS FURTHER ORDERED: That the Acting Clerk for election purposes shall be Janice M. Olsen. 14. IT IS FURTHER ORDERED: That the Acting Clerk shall prepare the official election ballot. Affidavits of candidacy may be filed by any person eligible to hold municipal office not more than four weeks and not less than two weeks before the election. The two persons receiving the two highest number of votes for councilperson, will be elected to terms ending January 1, 1997, but the councilperson will serve until that councilperson's successor qualifies. The persons receiving the third and fourth highest number of votes for councilperson will be elected to terms ending January 1, 1995, but the councilperson will serve until that councilperson's successor qualifies. The ballot shall be composed so that each voter shall be permitted to vote for four persons for councilpersons at-large and one person for mayor. The mayor's term ends January 1, 1995, but the mayor will serve until the successor mayor qualifies. 11 In all other respects, the election shall be conducted in conformity with the provisions of the Minnesota Statutes concerning the conduct of municipal elections insofar as applicable. 15. IT IS FURTHER ORDERED: That the incorporation shall be effective on December 20, 1993. 16. IT IS FURTHER ORDERED: That the first meeting of the City of Oak Grove Council shall be called by the mayor in accordance with the procedures set forth in Minnesota Statutes as soon as practicable. 17. IT IS FURTHER ORDERED: That the Minnesota Municipal Board retains jurisdiction for the purpose of determining the population of the newly incorporated municipality, if the present population determination is found to be incorrect and for the purpose of conducting a supplementary hearing to be held by the board to determine whether a special levy should be authorized to meet increased costs due to the incorporation. 18. IT IS FURTHER ORDERED: That the effective date of this order is October 25, 1993 . Dated this 25th day of October, 1993. MINNESOTA MUNICIPAL BOARD 475 McColl Building ~5d' Terrence A. Merritt Executive Director '.. .. I-58 Oak Grove M E M 0 RAN D U.M In approving the incorporation, the Board notes the concerns raised by the Metropolitan Council in its submitted memorandum and echoed in the testimony of witnesses concerning the need for appropriate plans and ordinances to avoid the unplanned premature extension of Metropolitan Sanitary Sewer into the area. To avoid such extension, the City, the Town prior to incorporation, will need to adopt an ordinance requiring solids removal from all systems not less than once every four years or more frequently and an ordinance specifying all on-site systems are to inspected at . least biennially by an inspector licensed by the Town/city or County and certified by the MPCA to promote uniformity and a higher degree of environmental protection. The environmental protection of the new City of Oak Grove will be facilitated by the new elected officials. The probable use of joint agreements among other communities by the City of Oak Grove, will assist in preventing needless duplication of new services, and the most effective use of existing services for the benefit of the citizens of the greater community. By scheduling elections to fall on even years, the Board assists the Town in achieving its desire for more participation in the elective process.V1{JJ1 /D-Z5 -c;3 . . ()~'{ \ \~c\~ C COv ANDOVER VOLUNTEER FIRE DEPARTMENT MINUTES OF THE MONTHLY BUSINESS MEETING SEPTEMBER 22ND, 1993 The meeting was called to order at 19:00 by Chief Dale Mashuga. The pledge of allegiance was said and roll call was taken. The minutes of the August 25th, 1993 Monthly Business Meeting were voted on and accepted as written. FAMILY AUXILIARY - B. Winczewski Activities have been suspended until future (Jan-Feb 94?). Flowers and burn-out kits will continue. $4,300 balance in the account. Still will help out with a dance, but the FD will have to run it. Reminder about the Adopt-A-Highway clean-up on 10/16. FIRE MARSHAL - J. Noyes No word yet on burning permits. Working on Fire Prevention Week activities. OFFICER'S REPORTS . Calls YTD 1993 = 319 1992 = 354 COMMITTEE REPORTS STAFF RESOURCE - T. Miller Discussed and voted on Juanita Palo for Active Status. 27 for 0 against (T. Howe abstained). Working on defining purpose and objectives of the committee. TRAINING - P. Gengler (absent) . No Report PUBLIC ED - K. Starr Going to Day Cares for Fire Prevention Week. A group took Aerial 5 to a neighborhood block party. MAINTENANCE - M. Winczewski Fuel gages repaired on Rescue 5. New siren head installed and foam unit operational on Tanker 9. Foam Pro repaired and strobes installed on Engine 3. SAFETY - R. Vierkant . No Report. Randy Vierkant is the new Chair of this committee. .., HAZMAT - S. Berhow Coming up with a list of questions for the Officer's Group. Reminder about the Burlington Northern HazMat class. UNIFORMS/STATION MAINTENANCE/RADIO/SPECIAL PURCHASES - T. Johnson / T. May Tanker 7 will be taken to County for radio repair. Shields and new flashlights in. Jackets should be in nex~ WRRk .. . . ANDOVER VOLUNTEER FIRE DEPARTMENT MINUTES OF THE MONTHLY BUSINESS MEETING SEPTEMBER 22ND, 1993 Page 2 COMMITTEE REPORTS ( conti nued ) FUND RAISING - J. Koltes . Discussed into bus trip to casino. Jerry will coordinate. SMALL EQUIPMENT/SCBA - T. Johnson . Meeting scheduled for Saturday (10/16). AD HOC COMMITTEE REPORTS ISO - B. Peach (absent) / D. Szyplinski . Working on programs for ISO point system. INVENTORY - D. Saffrin (absent) . Software and scanner are In. STATION RESPONSE - T. Howe Meeting held to discuss possible boundary changes. Next meeting scheduled for 10/5. ENGINE 6 REFURB - M. Neuschwander . Waiting for specs from companies. CHIEF'S REPORT - Dale Mashuga/Dave Reitan Handed out and discussed new policies for Station and Truck Staffing. Discussed DNR trucks. Request for all personnel to attend the 10/19 City Council Meeting. Defined and discussed the difference between "All Call" and "General Alarm" . OLD BUSINESS . None. NEW BUSINESS New door combination starting 9/25. A motion for adjournment was made and seconded. "" The meeting was adjourned at 20:30. Respectfully Submitted, <<~~ Larry Capeling, Secretary