1992-10-20!
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CITY OF �NDOTA HEIGSTS
DAROTA COUNTY, MINNESOTA
AG�TDA
October 20, 1992 - 7:30 P.M.
1. Call to Order
_ 2. Roll Call
3. Agenda Adoption
4. Consent Calendar
a. Acknowledgment of the October 13th Parks and Recreation
Commission Minutes.
b. Acknowledgment of the September 2nd Northern Dakota County
Cable Communications Commission Minutes.
c. Approval to Purchase Turn Out Gear Equipment (Fire
Department).
d. Approval to Appoint Recreation Programmer Michelle
Morgan to the Community Education Advisory Council.
e. Acknowledgment of an Update on Downtown Survey
Suggestion.
f. Acknowledgment of the September Treasurer's Report. •
g. Approval of the September 29th Joint City Council/Planning
Commission Workshop Minutes.
h. Acknowledgment of the Draft 1993 ANlN! Legislative Policies.
i. Approval of the List of Contractors.
j. Approval of the List of Claims.
End of Consent Calendar
5. Public Comments
a. Request for podd Road/Mendota Heights Road Signal
Installation - Mr. John Trojack. �
6. Proclamatioa
a. Proclamation of November 13-20 as Minnesota Chemical
Health Week.
7. Heariaa
a. CASE NO. 92-28: Milavetz - Wetlands Permit
* 8:00 P.M. *
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S. IIafiaished and New Buaiaess
** a. Discussion on Park Bond and General Obligation
Improvement Bond Sale. (Information available on Tuesday)
RLSOLIITION NO. 92-67 (Park Bond)
RESOLIITION NO. 92-68 (General Obligation Improvement Bond)
b. Discussion on ivy Falls Creek Revised Feasibility Report -
RSSOLTJTION NO. 92-69
* c. Discussion on Air Noise Community Update.
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9. Council Comments
10 . Ad j ourn
Avxiliary aids for disabled persons are available upon request
at least 120 hours in advance. If a notice of less thaa 120
hours is received, the City of Meadota Heights will make every
attempt to provide the sids, however, this may not be possible
on short aotice. Please contact City Admiaistration at
452-1850 with requests. �
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CITY OF MENDOTA HEIGHTS
MEMO
October 20, 1992
TO: Mayor and City Council
FROM: Tom Lawell, City Adminis r
SUBJECT: Add On Agenda for October 20th Council Meeting
One item has been added to the Unfinished and New Business
section of the Agenda (*) . Information has been submitted for item
Sa (**) .
3. Acrenda Adoption
It is recommended that Council adopt the revised agenda
printed on green paper.
8a. Discussion on Park Bond and General Obligation Improvement
Bond Sale.
Please see attached memo and Resolutions.
Sc. Discussion on Air Noise Community Update.
Please see attached memo.
MTL:kkb
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{
CITY t}F �?[ENDOTA HSIGBTS
, DAROTA COUNTY, MINNESOTA
AGENDA
Octaber 20 1992 - i-3Q P M,
1. CaiZ to Order
2, Roll Ca11
3. Agenda Adoption
4. Coaseat Calendar
a. Acknowledgment of the October 13th Parks and Recreation.
Commission Minutes.
b. Acknowledgment of the September 2nd Northern Dako�a County
Cabie Communications Commission Minutes.
c. Approval �o Purchase Turr�, Out Gear Equipment (Fire
Departznent ) .
d. Approval to Appoint Recreatian Programmer Michel.le
Morgan to the Gommunity Education Advisory Council.
e. �cknowledgment af an Update on Downtown Survey
Suggestion.
f. Acknawledgment of the Sep�ember,Treasurer's Report.
g. Approval o� the September 29th Joint City Council/Planning
Commission Workshop Minutes.
h. Acknowledgment of �he Draf� 1993 AN,¢�! Legislative Policies.
i. Approval of the List of Contractors.
j. Approval of the List of Claims.
End af Consent Calendar
5, Public Cammeats
a. Reques� for podd RoadjMendota Hea.ghts Road Signal
Installatian - Mr. John Trojack.
6. Proclamatioa,
a. Proclamation of November 3.3-20 as Minnesota Chemical
Health Week.
'7. HearinQ
a. CASE NQ. 92-28y Milavetz - Wetlands Permit
* 8:04 P.M. *
8. IInfinished and New Busianess
a. Discussion on Park Bond and General Obligation
Impravemen�.Bond Sale. {Infarm�tion available an Tuesday}
b, Discussion on Zvy Falls Creek Revised Feasibility Report -
R�SOLUTION NO. 92-67
9. Council Comments
I0. Adjoura
Au�ciliary aids far disabled persons ar
a� least 120 hours in advaace. xf a
hours is received, the City oE Meadata
attemp� to pravide the sids, however,
on short notice. Please contact Cit�
452-1$50 with requests.
e availabie upon request
notice af Zess than 12Q
Heights will make every
this may no� be possible
Admiaistration at
�
x� �:
CITY OF MENDOTA HLIGHTS
DAROTA COIINTY, MINNL�SOTA
PARRS AIJD RECREATION COI�SISSION MINIITES
OCTOBFsR 13, 1992
The regular meeting of the Mendota Heights Parks and Recreation
Commission was held on Tuesday, October 13, 1992, in the City Hall
Large Conference Room, 1101 Victoria Curve. The meeting was called
to order at 7:05 o'clock P.M. The following members were present:
Huber, Rleinglass, Spicer, Hunter, Katz, Norton and Damberg. Also
present were Administrative Assistant Kevin Batchelder and
Recreation Programmer Michelle Morgan.
INTRODIICTION OF
RECR�ATION PROGItAba�R
Chair Huber introduced Michelle Morgan to the Parks and
Recreation Commission. Huber stated he had served on the
interview panel for the Recreation Programmer position
and that Michelle had been chosen from amongst 52
qualified candidates for the position. Huber stated
Michelle has a strong background in recreation
programming and this opportunity at the City of Mendota
Heights has growth potential for both the City and for
Michelle as a Recreation Programmer. The Parks and
Recreation Commission discussed recreation programming
needs in Mendota Heights.
Ms. Morgan stated she had met with City staff for
orientation and would be starting her position on Monday,
October 19th. Michelle explained her immediate duties
included devising a softball tournament policy and
programming for the 1993 softball season. Ms. Morgan
stated she would also be working closely with Terry and
Diane to hire, train and superviae the ice rink
attendants.
Commissioner Kleinglass stated he feels it is important
that the City of Mendota Heights also consider passive
recreation programs in addition to athletic recreation
programs. Administrative Assistant Batchelder stated the
new Recreation Programmer will be encouraged to
participate in SORR which stands for South of the River
Recreators and involves cooperative ventures with Cities
in the area to provide recreation programs. Chair Huber
stated he supports the notion that recreational niches
besides athletic events need to be bolstered in Mendota
Heights. Commissioner Damberg stated she woulc�--3.ike to
see the City begin cooperating with Dodge Nature Center
on recreation programming that involves nature and
wildlife including birding, wildflowers and photography.
t> �
October 13, 1992
Page 2
APPROVAL OF MINIITLS
Commissioner Damberg moved to approve the September 8,
1992, Minutes.
Commissioner Hunter seconded the motion.
AYES: 7
NAYS: 0
MAZZARA PLANNSD IINIT
DEVELOPMENT PARR D�DICATION
Administrative Assistant Batchelder provided a
presentation to the Parks Commission on the proposed
Planned Unit Development by Mr. Jerry Ma.zzara involving
the subdivision of a ten acre parcel on Wentworth Avenue
in the Superblock into three large si.ngle family, lots and
one wetlanda area outlot. Batchelder stated the
developer was proposing a' cash dedication for this
subdivision.
Batchelder also explained the City Council and Planning
Commission, at their joint workshop, had directed staff
to get the City's Planner started on the Superblock
planning process. Batchelder stated the Comprehensive
Land Use Plan in the Superblock area includes a park
designation intended to be implemented at such time as
development occurs in the interior of the Superblock.
The Parks Commission discussed the Comprehensive Land Use
Plan designation of a park in this Superblock area and
how that related to the proposed development of this ten
acre parcel. Commissioner Katz stated she was not
willing to rule on a cash�dedication at this time until
the City knows if this parcel is involved in the City's
plan for future park land in this area. The Parks
Commission discussed the proposed Wetlands outlot in the
plat and its designation as private, natural open space:
The Parks Commission felt that if a cash dedication was
accepted on this proposed Planned Unit Development that
the developer should be charged for creating three new
lots. The Commission discussed the need for trail access
from Wentworth Avenue to the interior of the Superblock.
Commissioner Spicer moved that the Parks and Recreation
Commission recommend that the City Council, if they
approve this Planned Unit Development, should a�eept the ��
cash dedication in the amount of $2,250 with the
condition that a trail easement be provided from
Wentworth Avenue on this subdivision.
October 13 , 1992
Page 3
Commissioner Hunter seconded the motion.
AYES: 7
NAYS: 0
The Commission discussed the need to have a higher
dedication fee structure for large parcels in excess of
1.5 acres. The Commission also discussed the
appropriateness of the $750 per lot fee for park cash
dedications. Batchelder stated the $750 fee was adopted
in December of 1991, following a recommendation by the
Commission to review fees. He stated the previous fee
was $600 per lot
Commissioner Katz recommended that City Council
reconsider Resolution No. 91-94 to provide a higher
dedication .fee for parce.ls in excess .of. 1.5 ac�es and
also to Ytave a lot dedication fee higher than $750.
Commissioner Damberg seconded the motion.
AYES: 7
NAYS: 0
FUTURFs LAND ACQIIISITIONS
RBVIh'W OF VACANT LANDS
Administrative Assistant Batchelder provided a
presentation on vacant lands in Mendota Heights that had
been presented to the City Council and Planning
Commission at their joint workshop on September 29, 1992.
Batchelder stated this inventory was of interest to the
Parks and Recreation Commission because they are
currently looking at possible future land acquisitions
and had designated one of their priorities as focusing on
land parcels that are adjacent to existing parks. The
Commission discussed each of the parcels on the
inventory. The Commission directed staff to poll each
Commissioner prior to the November meeting to receive
from each Commissioner the top five choices for the
Commiasion to focus on in their review of future land
acquisition for City parks. The Commission directed
staff to provide this information for their November
meeting.
VERBAL IIPDATSS
Administrative Assistant Batchelder stated that Lynn
Moratzka from Dakota County Planning office-was--�osting -�
a meeting October 19th at Mendota Heights City Hall that
involved representatives from-Soo Line Railroad, MnDOT
and the DNR to discuss the Dakota County Regional Trail
• . • � • �:�
October 13, 1992
Page 4
System and the abandonment of the Soo Line Railroad
through Mendota Heights. Batchelder stated that Ms.
Moratzka had offered to attend the November Parks and
Recreation Commission meeting to provide an update to the
Commission on the County's desire to acquire this
railroad abandonment for the regional trail system.
Batchelder reported City Council had approved the
Rensington Park bids from last month's Commission meeting
and the Council had also approved the "Role of the Parks
Commission". Batchelder reported the park video
production was in progress, that a final script had been
produced and that Mr. Paul Pieper, the free lance
producer, is currently working on the voice overs and
matching some of the audio with the video footage he had
taken throughout the City's park's. Batchelder stated the
park video h��s a .Decembez is� 'deadline. � • , � .
Batchelder stated the playground installation at Mendota
School was almost finished and encouraged the Commission
to visit the site.
Commissioner Damberg inquired about the trail that would
be left with the Victoria realignment. Commissioner
Damberg stated she was concerned with the progress of
Victoria realignment and the trail that had been designed
to be left behind following road construction in that
area. Damberg stated she had observed all of the asphalt
for old Victoria Road had been removed and she was of the
understanding that a ten foot strip would have been left
for a bike trail in that area. Damberg also stated her
concern with the plans for the bridge over I-35E and
whether that would include a sidewalk or a trail
connection. Damberg requested that someone from the
Engineering Department appear on the November meeting to
brief the Parks and Recreation Commission on the Highway
13/I-35E project and the trails that were designed with
that project.
There being no further business, the Parks and Recreation
Commission adjourned at 8:30 o'clock P.M.
Respectfully submitted,
Kevin Batchelder
Administrative Assistant �
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
, � 1535 Livingston, Suite 101
West St. Paul, Minnesota 55118-3411
612/450-9891 FAX 612/450-9429
M E M 0 R A N D U M
T0: City Mayors and Administrators/Clerks:
Inver Grove Heights
Lilydale
Mendota
.. _ . Mendota .Heights.✓ .
� • South St. Paul
Sunfish Lake '
West St. Paul
FROM: Holly Yerigan, Executive Direct
RE: NDC4 MEETING MINUTES
DATE: 12 October 1992
Enclosed please find a copy of the minutes from the September 2nd Northern Dakota
County Cable Communications Corrnnission (NDC4) full Corttmission meeting which were
approved at the NDC4 full Commission meeting on October 7th.
If you have any questions regarding this memo or the enclosed minutes, please
contact me at 450-9891.
/;
,..
Encs.
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NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION
FULL COMMISSION MEETING
September 2, 1992
The Comtnission meeting was called to order by Chair John Lagoo at 7:05 p.m.
1. ROLL CALL — Members Present: Alvin Boelter, Lucille Collins, Ken Hanson, Ken
Henderson, Henry Hovey, Jodelle Ista, John Lagoo, Ed Mullarky, ,Ron
Rogosheske, Jill Smith, George Tourville, and Dick Vitelli. Members Absent:
John Lamey. Also Present: Michael B.,Sokol, Sokol, Rudquist & Timmons
(legal counsel), Tom Creighton, Bernick & Lifson (NDCCTV legal counsel), and
Dan 0'Brien, Krech, 0'Brien, Mueller & Wass); Holly Yerigan and Joy Curtin,
(staff ) .
2. AGENDA — Item E. WW Engineering Asbestos Update and Item F. Sellers'
Response to Request for Closing Extension were added under Item 5. Building
Update. Motion 9.2.92.1 to adopt the revised Agenda was made by H. Hovey,
•. seconded• .by J. Ista, and unaniinously carr•ied. • � � . • � � �
3. CONSENT AGENDA — Motion 9.2.92.2 to.approve the August 5, 1992 NDC4 meeting
minutes was made by H. Hovey, seconded by L. Collins, and unanimously
carried.
� Motion 9.2.92.3 to �approve the NDC4 List of Claims for the period 8/6/92 —
9/2/92 was made by J. Ista, seconded by A. Boelter, and unanimously carried.
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4. OFFICERS' REPORTS — No reports were given. �
5. BUILDING UPDATE — H. Yerigan updated the group on activities that have taken
place concerning the purchase of the AirComm Building. The bond closing must
take place before the real estate closing can occur. The�e are numerous and
varied construction documents that are required before the closing on the
bond can take place. A request was made by NDC4 of the sel7ers to extend the
closing date to the end of October in order to allow enough time to prepare
documents for the bond closing.
A. Architect Construction Document Phase: Dan 0'Brien from Krech, 0'Brien,
Mueller & Wass was introduced. Mr. 0'Brien explained the events that will
take place during the Construction Document Phase II and reviewed the
contents of the "project manual" which will become a part of the contract.
He recomtnended fixed bids be soli�ited with "add" and "deduct" alternates.
He also recommended the Commission add a clause to the contract that makes
the contract contingent upon approval of financing. Various items of the
project manual were reviewed and explained by Mr. 0'Brien. Phase II involves
the architect preparing documents in the project manual and putting the
project out to bid, reviewing the returned bids, meeting with NDC4 to
determine the winning bidder, and executing the contract with the general
contractor. If Phase II gets underway immediately, there should be no
-- problem meeting projected deadlines that may make it possible to move the
administrative offices into the new building by the end of November. He also
explained the authority to certify payments to contractors. A question was
4 J ♦
NDC4 Meeting Ninutes
September 2, 1992
Paga 2
raised concerning including language in the contract to assure that
preuallirtg wages wouid be paid by cantractors. Motion 9.2.92.4 ta autttarize
proceeding with the Construction Document Phase II of the architects contract
and requiring the contractors ta use the prevailing wage was made by K.
Henderson and seconded by R. Rogosheske. A friendly amendment was made to
the motion to inc3ude requiring campet3tive bidding. The vote was takert and
the motian was unanimausly carried. Commissioners wha have �ames of general
cantractars ar sub-contractors wha they wauld like ta have invited to bid on
the praject or aspects of the project shauid submit names to the NDC4 office
befare the end of the month.
B. NDCCTY Legal Counsel Report: Tam Creighton, Legal Counsel representing
NDCCTV during the building acquis9tioc� process, was iniraduced. Mr.
Creighton explained the bonding process and activity that has taken place
regard3ng the financing to date. The C#ty of Inver Grove Neights is in the
process of issuing the Industrial Revenue Bond which will be purchased
through Sauthview Bank. The bond counse7 has requested numerous documents be
prepared in arder ta proceed with the bonding process. Mr. Creighton
. explained the rationale and process.in setting ua the financing with NDCCTV �
being the borrawer, 'ihe outcame of the f�nancing siructure wiil aliaw the
' franchise fee to remain unencumbered which was a most des9red result.
Because of ihe way the financing is structured, it is t�ecessary for NOC4 and
NOCCTV to enter into a Memorandum of Understanding which details the
relationship and �interaction between them cortcern�tng the bullding. A draft
of the Memorandum of Understanding was distributed. NDCCTV reviewed and
appraved the document at its meeting on Tussday, pctober ist. Each point of
`- the Memorandum of Understanding was reviewed and discussed and questions were
answered. �
C. NDC4 Legal Counsel Report: Mike 5oka1, NDC4 Legal Counsel reviewed each
item of the Equipment Assign�ent ciocument. This document is required by the
bank as a part of the collateral for the loan. Discussion toak place and
questions were answersd. Upon recomtnendation of both 1ega1 counseis, Motion
9.2.92.5 was made by G. Taurvilie and seconded by K. Henderson to apprave
both the Memarandum of Understanding and the Equipment Agreement. The vote
was taken and the motion carried with it. Vitelii voting No.
D. WW Engineering Asbestos Update a�c! Se7ier's Response to Reqttest for
Closing Eactension: H. Yerigan reviewed a report that WW Engineering
submitted as a resu7t of finding asbestos containing ma�erials in the tile af
the Aircamm building. If left alone, the tiles should not be a problem;
however, they are located in what will be a well-traveiled area. Discussion
foilowed on who is obiigated to pay fvr removal or encapsuiation of the
asbestos. A suggestion was made to negotiate this item with the sellers with
regard ta their counter-4ffer an the Purchase Agreement extension request.
Dan Q'Brien offered to check on whether the encapsulation method of
containment wouid be effective.
The seller's response to NDG4's request for an extension to the Purchase
Agreement was discussed. Mast agreed that the amount of money the seller was
requesting for the extension could be negotiated. Mation 9,2.92.6 to reject
_ the seiler's offer and de3egate the autharity to the Executive Committee to
negotiate with the sellers and sign an amended Purchase Agreement was made by
J. Smith, seconded by K. Hende�son, and unariimously carried.
NDC4 Meeting Minutes -
September 2, i992
_ Page 3
t� --
' M, Sokol advised that the asbestos problem needs to be checked further and it
may be able to be used as a negotiation item with the sellers.
T. Creightan announced that at their meeting on September 1st the NDCCTV
Soard of Directars delegated authority to their Executive Carr�nittee for the
month af September to take care of minor details concerning needed appravals
in order to keep the project moving forwarc3. They also deiegated author-ity
ta thei r members of the Bui lding Committee ta do whatever needs to be done ta
let the bids with the understanding thai NDC4 will have final approval on the
bids. It was suggested NDC4 may wish to delegate its autho�ity to a smaller
body of people to avoid having to call the full Cammission together each time
something roinor needs to be approved. Motion 9.2.92,7 to authorize members
of the Executive Committee to do whatever needs to be done to keep the
buiiding process maving farward for the manth af September to avoid having io
call special meetings of the full Commission was made by J. Ista, seconded by
H. Hovey, and unanima�asly carried.
. 6.•••PLANNING RETREAT FOL•LOW-UP - H. Yerigan •reparted that in an ef�ort to have
more interaction between NOG4 and NQCGTV, the NDCCTV Board of Directors will
be sending a representative ta the NDC4 meetings. She suggested that NDC4
may wish to also send a representative to the NDCCTV meetings which are
schedu3ed io take place the secand Tuesday af each month at 5:00 p.m. at the
NOCCTV Studio. K. Henderson valunteered to attend the October meeting of the
� N�CCTV Board af Oirectars.
7. YEAR 8 ACCESS GRAPIT -� Chair l.agoa reparted that he met with F. Zeuli from
Contirienta7 regarding NDC4's request for payment of the �50,000 Year 8 Access
Grant by September 1st. Mr. Zeuli indicated that Continentai was wiliing to
try to work aut some ather arrangement. Their proposal came in form af a
letter received by NOC4 on September 1st. Included in that letter was the
proposal to compase a Letter of Agreement that would reflect that Citivision
woulc# no longer be available as af Aprii, 1993. H. Yerigan explained the
background af the Citivisian issue relative to negotiations that have taken
place with the City af St, Paul. Tt was agreed by the Cor�nission that this
item should be addressed as an item separate fram the issue concerning
installation of cable at the new facility. Discussion followec! on haw the
Commission wouid respand to Continentai's let�er. Fiation 9.2.92.8 to request
Continental supply all the items originally requested of them for wiring the
new faci i ity, as wei i as TV Pi tas to 2 drops was made by R. Vitel l i, secortded
by K. Hanson, and unanimously carried.
8. LEGISLATIVE lJPDATE - H. Yerigan reported that the cable b�l'!s that were
appraved in both the House and Senate have gane into a conference cammittee.
Withi n the next two weeks, one bi 11 wi 11 emerge to be voted on by the two
bgdies. Now is the time to contact Senators and Cangressmen and NATOA has
provided a sample letter to use if correspondence is to be sent. Motion
9.2.92.9 to send a ietter to our Senators and Represeniatives requesting
their support of the bill was made by R. Vitelli, secanded by K. Henderson,
', and unanimously carried. �
'a
NOC4 Meeting Minutes
September 2, 1992
Page 4
9, EXECUTIVE OIRECTt?R'S REi30RT — Noiiy Yer�igan reporied that Assistant Access
Coordinator, Ted Arbeiter will be headi�g up the Hearing Impaired project.
i'hsre is $6,OQQ set asicie for hearing impaired purpases. The studio is wired
for use by deaf and hard of hearing people. She recommended NDC4 approve
purchase of a TDp and American Sign �anguage classes for Ted. The cast for
the phone wauld be �299 now pius �300 ia�er for a digital interface necessary
to make the equipment operable within a phone system at the new facility.
The AS�. classes cost $84. Discussion an the need for the TOD foilowed.
Motion 9.2.92.10 to approve purchasing the TOD phone was made by A. Boelter,
seconded by G. To�rvi3ie, and unanimously carried. Notion 9.2.92.11 to
approve paying far American Sign Language classes for Ted Arbeiter was made
by R. Viteili, seconcled by N. Novey, and unanimausly carried.
A complaint was recently received from a cab3e customer regarding not having
the Midwest Sparts Channei avaiiable in the Northern Dakata County service
area. It was the consensus of the�group that this issue needs to be looked
at again after Continentai's negatiations with St. Paui are compieted.
A complaint was received f�om the City of West St. Faui Engineering
Department last week regarding an open hole left by Cantinental Cablevision
on one of the city's streets. H, Yerigan spoke with appropriate peop3e ai
Continental, as well as with someone at the Engineering pepartment and the
situatian has been corrected to the satisfaction of the city.
H. Yerigan and Educatian Coardinator, Jodie Miller met with a representative
—� from a p�-agramming service ca7lecf the Mind Extensian University which offers
courses for degree pr.ograms. It's possible the p�og�anwning could be run
throughoui the night artd aiso on Saturdays adding 89 hours of prog�-amtning to
Channel 32. There is no charge for the service on access channels, but a
. receiver wou'tt! be needed. The optian #s being explored in conjunction wit�
Inver Hilis Community College.
There have been some playback problems from time to time. Staff will be
meeting with Continental's Master Control staff to try to find solutions.
14. UNFINiSHED BllSINE83 — Na unfinished business was br�ought up for discussian.
11. NEW SUSINESS — G. Tourville requested that cable extension in Inver Grove
Heights be put on the Agenda for discussion at the October NDC4 meeting.
12, ADJQURNMENT — Motion 9.2.92.'t2 to adjaurn the meeting was made by A.
Boelter, secanded by K. Hanson, and carried.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
v�
:�,• � .y;
MENDOTA HEIGHTS FIRE DEPARTMENT
MEMO
DATE: October 14, 1992
�
TO: Mayor, City Council and City Admi
FROM: John Maczko, Fire Chief
SUBJECT: Turn-out gear
DISCUSSION:
Attached is a memo from Captain Jeff Stenhaug requesting
authorization to purchase turnout gear. I concur with this request
and recommend that Council authorize the purchase of the turnout
gear.
ACTION REQUIRED:
If Council concurs with my recommendation they should pass a
motion authorizing the preparation of a purchase order for turnout
gear in the amount of $3,654 to Minnesota Conway Fire & Safety.
JPM:dfw
�
CITY �F MENUC}TA IiPIGHTS
i s
October 8, 1992
TQ: Tom Laweli, City Adminis�rator
FROM: Jeff Stenhaug, Captain
SUBJECT: Turnout Gear
One of my responsibilities as captain on the department is to
order part of our life protection equipment, turnout gear. I have
received a quotatian through the consor�ium bid {see attached
quote) as T did last year. The budgeted amount is �3,500. The
quotation amounts �o $3j65g. I realize tha� this is above�the
budgeted amount but this is due to the fac� that during our annual.
inspection it was discovered that turnout gear some of the turnou�.
gear needed ta be replaced and five rookie� desperately needed new
turnout gear as they were issued old gear when they joined the
department.
In that it takes 90 days (mina.mum} to receive this equipment
T am requesting authorization to place �.he order now prior ta
Council approval.
Your assistance in thia matter is greatly appreciated. I� you
have any questions or comments, plea�e feel free to contac� me
after 4:00 P.M. at 454-7444.
JS : dfw
cc: Chief John Ma.zcko
5�.��:���
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rn���nncsoirn con�n��r
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COMPLETE PROTECTION FIRE & SECURITY
4565 West 77th Street • Minneapolis, MN 55435 •(612) 893-0798
r quotation
T°. � uotat�on
MENDOTA HEIGHTS FIRE DEPARTMENT �
21?0 DODD ROAD
MENDOTA HEIGHTS , MN 5 512 0 MARK FOR:
ATTN: MR. JEFF STENHAUG
L J
DATE: AUGUST 11. 1992 F.O.B. MENDOTA HEIGHTS FIRE DEPARTMENT
(5) JAI�'ESVILLE "CUSTOM DELUXE SERIES" TURNOUT COATS (NFPAC-5)
COAT CONSISTS OF 7.5 OZ. 100% NOMEX OUTER SHELL MATERIAL, YELLOW
IN COLOR, WITH A GORE—TEX MOISTURE BARRIER LAMINATED TO AN E—O9
SPUNLACED ARAMID BLEND, SEWN TO NOMEX QUILT LINER. ALL BARRIER
SEAMS GORE—TAPED. LINER IS TO BE FULLY DETACHABLE WITH SNAPS AND
VELCRO. INCLUDES LEATHER SHOULDERS, LEATHER ELBOWS, LEATHER
CUFFS, FOUR 3" RED ORANGE SCOTCHLITE LETTERS SEWN ON BACR "MHFD".
CLOSURE TO BE SNAPS INSIDE, HOOK—N—D RINGS ON STORMFLAP, ONE
LEATHER REINFORCED RADIO POCK�T ON LEFT CHEST AND NFPA STYLE RED
ORANGE SCOTCHLITE TRIM. COAT IS TO BE 35" IN LENGTH.
$305.00/$1,525.00
(7) JANESVILLE "CUSTOM DELU�E SERIES" BLNKER PANTS (NFPAP-5)
PANT CONSISTS OF 7.5 OZ. 100% NOMEX OUTER SHELL MATERIAL, YELLOW
IN COLOR, WITH A GORE—TEX MOISTURE BARRIER LAMINATED TO AN E-89
SPUNLACED ARAMID BLEND, SEWN TO NOMEX QUILT LINER. ALL BARRIER
SEAM GORE—TAPED. LINER IS TO BE FULLY DETACHABLE WITH SNAPS AND
VELCRO. INCLUDES LEATHER KNEES, LEATHER CUFFS, TWO (10"X10"X2")
LEATHER REINFORCED CARGO POCKETS ON THIGHS, HEAVY DUTY RED
SUSPENDERS AND NFPA STYLE 3" RED ORANGE SCOTCHLITE TRIM.
$227.00 PR./$1,589.00
(PLEASE REFER TO PROPOSAL NO. WHEN ORDERING)
�ONDITIONS OF SALE: We appreciate this opportunity to quote you
�hall furnish only the equipment shown on the quotation artd thank you for your inquiry.
ie price quoted. My additional equipment needed to meet
specifications shall be charged for in accordance with our
original quotation. _ MINNESOTA CONWAY FIRE & SAFETY, INC.
PRiCES: subject to change without notice
�� :..`�r _
(:netmm�r _ Whkn Filn !^nrn� _ I'`onn... c..�.... o:..�.
rn�i�nncsoirn c�nuun��r
�ii�� � s��c����r
COMPLETE PROTECTION FIRE & SECURITY
4565 West 77th Street • Minneapolis, MN 55435 •(612) 893-0798
quotation
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(PLEASE REFER TO PROPOSAL NO. WHEN ORDERING)
CONDITIONS OF SALE: We appreciate this opportunity to quote you
We shall furnish only the equipment shown on the quotation and thank you for your inquiry.
far the price quoted. Any additional equipment needed to meet .
spec�ications shall be charged for in accordance wfth our
original quotation. MINNESOTA CONWAY FIRE & SAFETY, INC.
PRICES: subject to change without notice
" �� .� ��`� � _ . �
CITY OF MENDOTA HEIGHTS
i� •
October 14, 1992
To: Mayor, City Council and City Administrator
From: Kevin Batchelder, Administrative Assist�
Subject: Appointment to Community Education Advisory Council
DISCIISSION
The Community Education Advisory Council (CEAC) has had a City
liaison representative, Revin Batchelder, serving on the council
since June, 1990. The CEAC is an advisory board to the Community
Education department of ISD-197 and to Bev Fritz, Director o�
Community Education. The CEAC provides citizen input in the
development of. programs to mee� � community.. needs in .the areas of
education, recreation, social services, as wel•1 as cultural and
civic affairs.
The CEAC currently has citizen representatives from Mendota
Heights. Claudia Assell, Chair of CEAC, and Leslie Winter are our
two citizen representatives on the advisory council. The City
liaison seat on the CEAC is a non-voting seat.
It was anticipated that Michelle Morgan, the newly appointed
Recreation Programmer, would be appointed as the City liaison
representative to CEAC due to my inability to attend their
meetings, which conflict with City Council and Planning Commission
Tuesday evenings. It is appropriate that our new Recreation
Programmer become familiar with the Community Education department,
its programs and its functions and I recommend that City Council
appoint Michelle Morgan, Recreation Programmer as the City liaison
to the Community Education Advisory Council.
ACTION RE4IIIRED
If the City Council so desires, they should pass a motion
appointing Michelle Morgan, Recreation Programmer to the City
liaison seat on the Community Education Advisory Council.
CITY OF MENDOTA HEIGHTS
MEMO
October 15, 1992
T0: Mayor and City Council
FROM: Tom Lawell, City Administ
SUBJECT: Update on Downtown Survey Suggestion
DISCIISSION
On September 29, 1992 the City Council and Planning Commission
held a workshop to discuss a number of p.ending planning issues,
including the downtown right-of-way issue. At that meeting, the
history of the right-of-way was reviewed along with the various
intersection improvement concepts which have been developed over
the years.
Based on the general discussion of the group, it became
evident that greater information was needed regarding the long term
goals and community desires for the "downtown area". It was
suggested that a general community survey be conducted to help
answer these general questions and staff was asked to explore the
most appropriate survey methodology and report back on October
20th.
Staff has learned that a number of suburban cities have
successfully utilized survey research techniques to help address
similar community issues. The most widely recommended firm
conducting such research is Decision Resources, Inc. out of
Minneapolis.
Staff is currently in the process of ineeting with
representatives of the firm and• hopes to have additional
information regarding the scope and value of their services within
the next few weeks.
ACTION REQIIIRED
None. Additional information regarding this subject will be
scheduled for an upcoming Council meeting in November.
MTL:kkb
�
CITY OF MENDOTA HEIGHTS
TREASIIRER'S RLPORT. SBPTffi�ER. 1992 '
DAROTA COIINTY STATE BANR
Checking Account 2.00%
Savings Account 2.75%
C.D. Rep. 2.85�
Collateral - Bonds
Gov't. Guar.
CHLRORLL STATi3 BANK
C.D. due 10/10/92 @ 3 1/2�
Saving Cert. 2/24/93 @ 3.05�
Collateral - Bonds
Gov't. Guar.
FNMA 7.30� 12/2/98 FBS
Fed. Farm. Cr. 6.7% Notes
Due 12-5-96 (FBS)
U.S. Treasury 8 5/8%,
5-15-93 Notes (FBS)
GNMA Mtg. Pool 9� (PRU)
FHL Mtg. Pool 8� (PRU)
BALANCFs
$ 12,814.32
$ 551.79
0.00
$ 13,366.11
$ 500,000.00
$ 100,000.00
$ 350,000.00
$ 13.952.59
$ 363;952.59
$ 500,000.00
$ 100,000.00
COLLATER AT•
$600,000.00
$ 600,000.00
Value 9-30-92 (est.)
$ 499,695.50 $ 520,000.00
$ 500,008.00
$ 498,671.88
$ 230,289.29
$ 313,064.67
FHL 7 1/2� Mtg Pool @ 98 5/8
(.79 factor) 575,000 (PRU) $ 384,842.78
U.S. Treasury Money Mkt (FBS) $1,549,705.21
Gov't. Securities Fund $1,002,470.00
Zero Cpn T.Bds 7.9g - 2011(J&M) $ 197,530.00
TOTAL FIINDS AVAILABLis: $5,553,596.03
Funds Availa.ble 12/31/91
9/30/91
$7,013,620.57
$3,880,635.00
Rates Monev
Jul 31 Bank
Fid
Escrow Funds (American National Bank) 9-30-92
City Hall Buildings
Railroad Crossing
TOTAL
LES:kkb
$ 15,905.07
5174,844.85
$190,749,92
Market
2.45�
3.10%
$ 502,500.00
$ 515,000.00
$ 250,000.00
$ 316,000.00
$ 410,000.00
$2,170,000.00
$1,940,000.00
$ 198,830.00
�¢`.• .�.
;
CITY OF MErTDOTA H}3IG8TS
DAKOTA COUNTY, MINNESOTA
Minutes of the Joint City Couacil/Planaing Commission Workshop
8eld Tuesday, September 29, 1992
Pursuant to due call and notice thereof, the Joint City
Council/Planning Commission Workshop, City of Mendota Heights, was
held at 7s30 o'clock P.M. at City Hall, 1101 Victoria Curve,
Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:35 o'clock P.M.
The following members were present: Mayor Mertensotto,
Councilmembers Smith, Blesener and Koch. The following Planning
Commissioners were present: Dwyer, Koll, Duggan, Tilsen and
Rrebsbach. Councilmember Cummins was excused. Planning
Commissioners Dreelan and Friel were excused. The following City
staff inembers were present: Tom Lawell, City Administxator, Jim
Danielson Public Works Director, Kevin Batchelder, Administrative
Assistant and John Uban, Planning Consultant. Mr. Tim Cutting of
2141 Aztec Lane was also present.
INTRODIICTION
City Administrator Lawell highlighted the agenda to
members of the workshop. Administrator Lawell stated the
City has conducted on going teambuilding sessions between
the City Council and each Commission, however this year
the City Council desired a more issued oriented workshop
with each individual Commission. Mr. Lawell stated the
purpose of the workshop was to discuss issues and to
provide background information to both the City Council
and Planning Commission. He stated any policy decisions
would have to be scheduled for official City Council
meetings on a future agenda.
DISCIISSION ON PRESLRVATION
OF LARGE LAND TR.ACTS /IIPDAT}3 ON
REMAINING VACANT LAND IN
b�sNDOTA HLIGSTS
Administrative Assistant Batchelder provided an overview
of the vacant land inventory in Mendota Heights.
Batchelder reviewed a color coded map showing all vacant
and open space lands in Mendota Heights. Batchelder
reported on 22 undeveloped parcels in Mendota Heights
that are privately owned lands. Included in the
discussion of undeveloped parcels was a discussion on the
Superblock area. Planning Commission Chair Dwyer
inquired about the current application on a ten acre
parcel for Planned Unit Devel-opment for three homes in
the Superblock area on Wentworth Avenue. Consensus was
September 29, 1992
Page 2
that the application will proceed through the normal
planning application channels and that the Superblock
study commissioned earlier this year by the City will
proceed forthwith.
Commissioner Krebsbach stated the City should look at
retaining the Burrow farm and Commissioner Duggan felt
that eventually the western portion'of Resurrection
Cemetery could be a City golf course.
DISCIISSION ON DODONTOWN
MENDOTA HFsIGHTS
Administrator Lawell generally described the MnDOT right-
of-way issue and the need to address whether or not
public improvements are necessary in the area. Lawell
stated i.n 1985, a City .Task Force had looked �t these
issues mainly becaus�e of the development proposal at
Mendakota Golf Coursee Lawell stated that Mr. Ed Paster
of Mendota Plaza had recently asked the City to address
vehicle access to and from the shopping center. Lawell
stated the City also desired to look at pedestrian and
intersection problems at that location. In exploring the
issue, the City worked with MnDOT on possible solutions.
The plan to improve the intersection was proposed to cost
$1 million and Council rejected that approach as too
costly. The�City continues to be concerned about traffic
and pedestrian safety issues.
Lawell stated the City needs to take action on this issue
one way or the other as MnDOT is being pressured to sell
unneeded land to the underlying fee owners.
The Council and Planning Commission discussed public
purposes, City streets, MSA funding, future roadway
needs, bridging Highway 110, future land uses,
underlining fee titles and priorities for roadway
purposes.
Planner Uban stated the City's choice depends on its
vision for the downtown area. Uban stated the basic
decision should be either to encourage the development of
the downtown area or to simply fix the traffic issues.
Uban stated a broader look at the downtown area would
include discussions of peripheral lands, redevelopment,
long term scenarios and decisions on the vision for
downtown before solutions can be addressed.
Councilmember Blesener stated the goals of the City are
safe pedestrian crossings and to provide north south
access to the City residents.=
1�' �'s
September 29, 1992
Page 3
A survey of City residents was discussed by the Council
and Commission. The Council and Commission directed
staff to bring a proposal for a survey on the downtown
issue at their second meeting in October.
Mr. Cutting of 2141 Aztec Lane stated he feels the
intersection works fine and the City should preserve the
land in the right-of-way behind the homes in Friendly
Hills. Mr. Cutting stated that he doesn°t see that
safety is an issue and that any new roadways are not
needed at this time.
COMPREH�TSIVE PLAN Rf�TIE�
The Council and Commission reviewed the Comprehensive
Plan for the portion of the Southeast area that includes
the Tousignant and.Visitation properties. . .
Di�LOPMENT OPTIONS
FOR HIGH�PAY 55 AND HIGH�PAY 110
The Council and Commisaion briefly reviewed the Highway
55 plan and possible land uses on the Highway 55 and
Highway 110 corridor. Due to the upcoming State roadway
improvement project in the area, development interest
will likely increase in the near future.
ING VARIANCES
The Council and Commission briefly discussed housekeeping
variances and the need to process each and every example
where owners of nonconforming reaidential structures are
requesting building permits. The participants generally
agreed that the existing ordinance language related to
this topic is adequate as written.
ADJOURNMENT
There being no further business the City Council/Planning
Commission workshop was adjourned at 10:10 o'clock P.M.
Respectfully submitted,
Kevin Batchelder
Administrative Assistant
�CSTY 4F MENDOTA HEIGHTS
,. . .. �
; � MEMO
October 13� ].992
T0: Mayor and City Council
FROM: Tom Lawe21, City Administrator
SUBJECT: Receive Draft 1993 AMM Legislative Policies
DISCUSSSON
The Association of Metropolitan Municipalitie� {F.1�} recently�
provided us copies of their proposed 1993 Legislata.ve Policie�.for
'review�. As�a member of this association, the � serves as our
lobbyist a� the �tate LegisZature on mat�,ers of concern ta
metropolitan cities.
The AMM's policy package will be iormally considered for
adoption by the membership on November 5, 1992. Due to its length,
�he attached document is being dis�.ributed to you at this time for
your review. T� is staff's intent to also schedule this item for
discussion at our Navember 3, 1992 Gouncil mee�ing, for purposes of
selecting our top po3i'cy priorities for 1993. .
ACT20N RSQIIIRED
None. At your convenience, please reva.ew the Lega.slative
Palicy Document with the expectation of fur�her discussing the most
impartant policy is�ues on November 3rd.
MTL:kkb
m
BOARR OF DIRECTORS
PAESIpENT
Karan Andersan
Minnetonka
VICE PRESiDENT
David Childs
New Brightan
PAST PRESlDENT
8ob �ong
St Paul
S}tRECTORS
Don Ashworttt
chanhassen
Bill Barnhart
Minneapotis
william Burns
Fridley
Joan CampbeU
Minneapal9s
7om Egan
Eagan
Richard Enrooth
St. Mthony
����y u�x�
Mounas view
Kenneth Mahte Jr.
Woodbury
Betty McColium
North St. Paul
Frank Ongara
St Paul
Barbara Peterson
Orono
Jim Prosser
Richfield
Craig Rapp
Brooklyn Park
Tom Spies
8loamington
Brenda Thomas
Rosevilte
Gene White
Pr+or lake
EXECUTtVE I?IFtECTOR
Vern Peterson
��
� �
a� aciation of
me�ro olifian
munici�alities
p
October 9, 1992
TtJ: ManagersjAdmin'stratars
FR4M: Vern Peters� Executive Director
Enclosed are copies a� the prapo�ed ANa4i Policy'for the 1993
Legislative sessian as recommended by the palicy committees
and the Board of Directors.
Please distribute them ta your Mayor and Councilmembers
far review.
This year's policy adoption meeting will be held Thursday,
November 5, 1992 at the Decathlon Club in Bloomingtan.
The 7:30 P.M. busa.ness me�ting wi11 be preceded by dinner
at b:30 P.M.,,Sacial Hour at 5:45 P.M. and an aptianal tour
of the Mall o�' America at 4:15 P.M. Details for
reservations �.a foll.ow.
It would be helpful if yaur council reviews the policy for
action prior �o the meeting and indicates yaur city's top
five priorities on one of the tear-off covers to be
farwarded to the A2�+t for policy prioritization.
Thank you.
�
3490 iexingtan avenue north, st. paul, minnesota 55126 (612) 490-33dI
e
� �
.,rL ♦
as ociation of
me�ro olitan
munic�alities
p
OCt. 15, 1992
AI+II�'S MEMBER LOCAL OFFICALS :
Attached are the recommendations for the 1993 Legislative Policy
program from the ANII�2's five standing committees and the ANII�! Board of
Directors. Please review the policies with your Council for action
at the Membership meeting scheduled for Thursday evening Nov. 5 at
the Decathlon Club in Bloomington. A notice on the specifics of the
meeting will follow, but an i�nsider�s tour of the Mall of America is
part of the pre-dinner program.
Note the section on Endorsed Policies. These are LMC or other �
organizations� policies in which the AN�! concurs but will not lol�by
actively. This is in keeping with the goal of focusing A2�II�! effort on
major concerns to metropolitan area officials and cities that are
not being address by other groups.
,/ _.
• �
at o ou �n .
�
��// / Please review the policies and list your.top five
� pziorities by policy number. Your participation is
important because the policy priorities help
Sincerely, determine how staff time and resources are allocated.
\ � _
�
Karen Anderson, .
President, ANII�I
TOP POLICY PRIORITIES, BY POLICY NUMBER
1. 4.
2. \ 5.
3.
`.
City Name (Optional):
Please bring your response to the Membership meeting on Nov. 5. If
you are unable to attend, please mail your response to Roger
Peterson, AMM, 3490,Lexington Ave. N., St. Paul, MN 55126
34901exington avenue north, st. paul, minnesota 55126 (612) 490-3301
�
PROPOSED AMM
POLICIES
AND
LEGISLTIVE PROPOSALS
1993
Recommend by the AMM Board of Directors on October 1, 1992
for Membership consideration.
THIS DOCUMENT PRINTED ON RECYCLED PAPER
r
v
INDEX
PART ONE
MUNICIPAL REVENUES AND TAXATION
� � PAGE NUMBER
�
I. MUNICIPAL REVENUES 1- 8
A. LEVY LIMITS
B. MANDATED STATE AND FEDERAL PROGRAMS
C. LOCAL GOVERNMENT AID
D. PROPERTY TAX
1. Homestead Class Rates
2. Non-Governmental Tax Exempt Property
\
3. State and Metropolitan Owned Tax Exempt
Property
4. Property Tax Reform
E. GENERAL FISCAL IMPACT POLICIES
1. Fiscal Note Continuation
2. Funding Shifts
3. State Revenue Stability
4. City Fund Balances
F. SALES TAX DEDICATION GUARANTEE
PART TWO
GENERAL LEGISLATION
II. GENERAL LEGISLATION
A. OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
B. TORT1LIABILITY
C. DATA PRACTICES
� 1. Open Meeting
-i-
1
1
2
3
3
3
3
4
5
5
6
6
7
8
9 - 16
9
9
10
10
• ro
'J. � • �
2. Liquor License Application 11
3. General Public Data 11 �
D. POLICE AND FIRE PENSION PROVISIONS ' 12
�
1. Amortization Aid 13 '
2. Employee Contribution Amount 13
3. Benefit Increases � 13
4. Assumption Changes 13
E. CONTRACTORS PERFORMANCE BONDS 13
F. CONCURRENT DETACHMENT AND ANNEXATION 13
. �
G. TORT LIABILIT.Y/MTC SECURITY 15
H. 911 TELEPHONE TAX 15
I. COOPERATION, COLLABORATION, AND CONSOLIDATION 16
PART THREE
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
III. HOUSING AND NEIGHBORHOODS 17 - 34
A. HOUSING AND NEIGHBORHOODS 17
1. Examine Local Requirements 17
2. Practices Which Affect Housing Costs 17
3. Mandatory Land Use Standards 18
.4. State,Housing Policies 18
5. Local Housing Policy 19
6. Metropolitan Area Housing Needs 20
7. Neighborhood Liveability 21 _
8. State and/or County Licensed Residential 24
Facilities
9. Licensed Residential Facilities Inspections 25
�
�
IV.
B. ECONOMIC DEVELOPMENT
1. Cities Development, Re-development and
. Economic Development Responsibilities
2. Equal Treatment of Cities
3. Tax Increment Financing
4. Local Option for Development Organization
Structure
5. County Economic Development Authorities
(EDA's)
6. Development of Polluted Lands
7. Building Permit Fee Surcharge
C. LAND USE PLANNING
PART FOUR
METROPOLITAN AGENCIES
PHILOSOPHY WITH RESPECT TO METROPOLITAN
GOVERNMENTAL AGENCIES
A. PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
B. CRITERIA FOR EXTENSION OF METROPOLITAN
ORGANIZATION POWERS
26
28
30
30
31
32
32
33
33
35 - 52
35
35
C. STRUCTURES, PLANNING, IMPLEMENTATION AND 36
FUNDING OF METROPOLITAN SERVICES AND PROGRAMS �
1. Policy Planning - Implementation 36 "`
2. Funding for Regionally Provided Services 36
3. Regional Tax Rates and User Fees 37
• D. COMPREHENSIVE PLANNING - LOCAL AND REGIONAL 37
INTERACTION �
E. COMBINED SEWERS - SEPARATION 38
F. METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS 38
1. Budget Detail and Specificity 38
2. Reliance on Property Taxes 39
3. Program Evaluation 39
G. METROPOLITAN PARKS AND OPEN SPACE FUNDING 40
1. Operation and Maintenance (O�& M) Funding 40
2. Regional Bonding For Regional Parks 40
H. WATER RESOURCE MANAGEMENT 41
1. Water Supply. 41
2. Surface and Groundwater Water Management 42
3. Wetlands Conservation 43
4. Regional Wastewater Treatment System 44
� 5. Water Testing Connection Fee 44
I. WASTE STREAM MANAGEMENT 45
1. Integrated Waste Stream Planning �45
" 2. Hazardous and Dangerous Waste Management 47 _
3. Metropolitan/County Responsibilities 48
-iv-
�
�
V.
4. LaaaZ �olid Waste Management
Responsibilities
5. Funding
6. drganized Callection
?. Host Cities and Cleanup Responsibilities
PART FIVE
TRANSPORTATION
TRANSPORTATTON POLICY STATEMENT
A. STREET AND HIGHWAY GENERAL FUNDING
B. METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING
C. TRANSPORTATION SERVICES FUND
D. TRANSPORTATION FUNDING ALTERNATIVES
E. IiIGHWAY AND TRANSZT INTEGRAT3aN PLANNING
F. HTGHWAY JURISDTCTION REASSIGNMENT, TURNBACKS,
AND FUNDING
G. TRANSPORTATION UTILITY
Fi. '3C' TRANSP�RTATIC?N PLANNING PROCESS - ROLE
OF ELECTED OFFICIALS
I. PRESERVATION OF RAILRQAD RIGHT-CiF-WAY
J. CITY SPEED LIMITS
K. TRANSPORTATION INCENTIVES/DISINCENTIVES
L. REGIONAL TRANSIT SYSTEM
M. MSA SCREENING COMMITTEE
N. METRQFOLITAN TAX
O. AIRPORT POLICY
-v-
49
49
50
51
53 - 63
54
54
55
55
55
56
57
5?
58
58
59
59
60
60
61
i
P. BIKEWAY GRANTS PROGRAM
Q. OPTOUT
PART SIX
ENDORSEMENT POLICIES
`VI. ENDORSEMENT POLICIES
A. TAXATION HEARING AND NOTIFICATION LAW
B.' STATE ADMINISTRATIVE COSTS
C. REFERENDUM LEVIES
D. COMPARABLE WORTH
E. LIQUOR ISSUES
F. PELRA
G. MSA MILEAGE LIMIT
H. ECONOMIC DEVELOPMENT AUTHORITIES
I. MUNICIPAL SERVICE DISTRICTS
J. HOME INVESTMENT PARTNERSHIP
K. PORTABILITY OF SECTION 8 HOUSING CERTIFICATES
AND VOUCHERS
L. REMOVAL OF REGULATORY BARRIERS
M. SITING OF GROUP HOME RESIDENTIAL FACILIITES
-vi-
62
63
64 - 74
64
65
65
66
67
68
69
69
70
71
72
73
73
r
LEGISLATIVE POLICIES
1992
I
MUNICIPAL REVENUE AND TAXATION
�
. I-A LEVY LIMITS
`- , The Association of Metropolitan Municipalities commends the 1992
Legislature for removing artifical Levy Limitations from cities
for 1993 and beyond. The ANII�I has consistently opposed the levy
limit laws in that they apply uniform statewide restrictions to
cities and are too inflexible to accommodate inflation,
uncertanties in state and federal financial aids, and the diverse
problems and circumstances faced by cities throughout the state.
Such laws are inconsistent with principles of local
self-government and accountability. Neither do they recognize
changing local conditions as to either expenditure needs or
revenue sources. Levy limits ultimately work against the interests
of local taxpayers because the law creates an incentive for cities
to take maximum advantage of the opportunity to make general or
special levies.
THE AMM STRONGLY SUPPORTS THE LEGISLATURE'S DECISION TO END LEVY
LIMITATIONS FOR CITIES AND FURTHER URGES THAT LEVY LIMITS NOT BE
REINSTATED IN THE FUTURE.
I-B MANDATED STATE AND FEDERAL PROGRAMS
The cost of local government is being influenced more and more by
both state and federal legislatively mandated programs. and
increased mandated benefits or costs for in place programs. At
the same time the legislature and administration are suggesting
that expenditures are far too great at the local level and that
cutbacks are needed. Cities cannot provide additional mandated
programs without seriously impacting the ability of cities to
provide the traditional services of public safety, street
maintenance, snowplowing, etc. Mandated programs such as pay
equity, binding arbitration, PELRA, c�rtain Data Practice
requirements, expensive election rules, waste recycling, and
truth in taxation cost money. These costs must be recovered
through levy, state payment, or reduction of current service.
There is no other way.
THE AMM URGES THE LE6ISLATURE TO RECOGNIZE THAT MANDATED INCREASED
EXPENDITURES IN ONE PROGi2AM WITHOUT A CORRESPONDING INFUSION OF
FUNDS MANDATES A NEW PROPERTY TAX OR A DECREASED EXPENDITURE IN
THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. TIiEREFORE,
WHEN NEW PROGRAMS OR INCRL�ASES TO EXISTING PROGRAMS ARE MANDATED,
THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING
ASSISTANCE.
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I-C LOCAL GOVERNMENT AID
State Aid to cities has been a much debated legislative issue for
two decades. Over that time the formula(s) have rang,ed from pure
per capita, to need based on value and service, to a distribution
based on location and past spending. Homestead Credit has changed
to Homestead Aid and is no longer a`direct taxpayer subsidy. New
g.immicks such as Disparity Re�uction Aid (Mill rate equalization)
and Tax Base Equalization Aid, have been invented to target money
to var�ous regions when the general aid formula could not be
politically designed to work.
With few exceptions, cities across the nation have access to more
than one form of municipal revenue. The dedicated Local
Government Trust Fund recognizes that and provides Minnesota
cities with a second source, sales tax, in addition to the
traditional small share of the property tax.
The advent of the dedicated Local Government Trust Fund (LGTF)
made up of 1 1/2 cent current sales tax revenue and 1/2 cent
,locally enacted sales tax revenue provides the opportunity to
return to the basics and to develop a rational redistribution
formula. That formula should recognize the sales tax as 1) a
second source of city revenue to fund general city services as
well as 2) a source of funds to help eliminate some of the
disparities caused by unique municipal overburden and for low
property wealth.
THE AMM WILL SUPPORT THE EFFORT OF THE LEAGUE OF MINNESOTA CITIES
(LMC) TO DEVELOP A STATEWIDE LOCAL GOVERNMENT AID DISTRIBUTION
SYSTEM AND PLEDGES ITS HELP IN THAT EFFORT, PROVIDING THE AID
DISTRIBUTION FORMiJLA CONSIDERS AND SUBSTANTIALLY INCORPORATES THE
FOLLOWING CRITERIA:
.THE SALES TAX IS A GENERAL REVENUE SOURCE FOR CITY EXPENDITURES
AND THUS SOME DISTRIBUTION TO EACIi COMMUNITY MUST BE PROVIDED TO
UPHOLD THE ORIGINAL COMMITMENT TO ALL OF THE STATES TAXPAYERS;
.RECOGNITION OF BURDENS CAUSED BY RAPID POPULATION GROWTH;
�.RECOGNITION OF BURDENS CAUSED BY POPULATION LOSS IN MEETING THE
DEMANDS FOR PUBLIC SERVICES;
.RECOGNITION OF NEEDS BASED ON CHANGING DEMOGRAPHICS SUCH AS AGING
POPULATION, HOUSING STOCK, AND INFRASTRUCTURE; ' •
.RECOGNITION OF WEALTH OR TAX CAPACITY;
.RECOGNITION OF BASIC NEEDED SERVICES WHICH SHOULD BE SUPPORTED
AT AN APPROPRIATE SUPPORT LEVEL; AND
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.RECOGNITION OF PROPERTY TAX BURDEN RELATIVE TO INDIVIDUAL WEALTH.
UNTIL SUCH A FORMULA IS DEVELOPED WHICH ADEQUATELY SUPPORTS THE
ABOVE CRITERIA, THE AMM SUGGESTS THAT 1) THE CURRENT
DISTRIBUTION AND CLASS RATE CHANGE BUY DOWN IN LAW THROUGH 1994 BE
MAINTAINED , AND 2) THE GROWTH IN THE 2 CENTS SALLS TAX RECEIPTS
DEDICATED TO PROPERTY TAX RELIEF BE DESIGNATED AS EACH CITY'S
SFIARE OF THE SALES TAX AND DISTRIBOTED BASED ON A PER HOUSEHOLD
AND/OR PER CAPITA BASIS.
I-D PROPERTY TAX
D-1 HOMESTEAD CLASS RATES
The 1991 Legislature modified the Homestead Class Rate system to
eliminate the third and highest rate tier over a two year period.
The 1992 Legislature continued the modification so that for taxes
payable 1993 there will be two tiers of 1� on the first $72,000
market value and 2� on the value in excess of $72,000 market
value. The elimination of the third tier is sig.nificant in
achieving more fairness and equity in the property tax system,
especially for homestead property.
THE AMM CONIr�NDS THE LEGISLATURE FOR THE PHASED ELIMINATION OF THE
THIRD TIER HOMESTEAD CLASS RATE AND FOR NOT SHIFTING THE RESULTING
TAX INCRLrASE ONTO OTHLR PROPERTY. THE AMM URGES THE LEGISLATURE
TO CONTINUE NO MORE THAN A TWO TIER HOMESTEAD CI�SS RATE IN THE
FUT[TRE .
D-2 NON-GOVERNMENTAL TAX EXEMPT PROPERTY
One of the glaring inequities in the Minnesota tax system involves
the free local services that are provided to tax exempt property
owned by certain non-governmental organizations. It is widely
acknowledged that such property benefits directly from
governmental services such as police and fir,e protection and
street services provided by cities and counties. However, since
there is not legal basis for claiming reimbursement for the cost
of such services, they are borne by the local taxpayers.
Furthermore, such property is concentrated in certain cities and
counties resulting in a heavy cost burden in certain parts of the
state.
THE ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY
ENACTING LEGISLATION, REQUIRING OWNERS OF TAX EXEMPT PROPERTY,
EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY
FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND
SEMINARIES OF LEARNING, TO REIMBURSE CITIES AND COUNTIES FOR THE
COST OF MUNICIPAL SERVICES.
D-3 STATE, CITY AND METROPOLITAN AGENCY OWNED TAX EXEMPT PROPERTY
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The State of Minnesota, some cities and Metropolitan Agencies owns
a significant amount of property within the metropolitan area. �
Cities provide a range of services that benefit these properties.
However, since the they are exempt from paying property taxes, �
municipalities are not reimbursed for the cost of these services.
This places an unreasonable burden on cities.
The State of Wisconsin established a program called "Payment for
Municipal Services" in 1973. The program provides a mechanism for
municipalities to be reimbursed by the state for services they
provide to state-owned properties. Through a formula based on the
value of state-owned buildings within a city, the Wisconsin system
reimburses cities for police, fire, and solid waste services.
THE AMM ENCOUR�GES THE STATE LEGISLATURE TO ESTABLISH A PROGF2AM
FOR REII��IDDRSING MUNICIPALITIES FOR SERVICES TO STATE, OTfIIIZ CITY
AND METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE
TIiAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT
TFiEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR
SERVICES TFIAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE
AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA,
ANOTHER CITY AND METROPOLITAN AGENCIES.
D-4 PROPERTY TAX REFORM
'Many significant changes in the property tax system have been made
since the 1988 Session. The ANIN! believes it is critical that any
future proposals be evaluated on the basis of their impact on
individual communities. A proposal that may appear balanced on a
statewide basis can have very disparate effects on individual
cities.
The difference �n property tax burdens among taxpayers living in
neighboring tax jurisdictions which provide similar services must
also be kept within reasonable limits. Any significant tax burden
disparities would adversely affect cities' abilities to compete on
a fair basis for residents and economic development.
Tax increment districts are dependent on tax rates and assessment
ratios of the current property tax system. Th'e financial
viability of those projects should not be jeopardized by
state-imposed changes in the tax structure. Likewise, enterprise
zone businesses have been recruited based on a commitment that
they would receive a preferential classification ratio in the
Pcalculation of their property tax obligations. These development
districts should be protected from any negative consequences of
tax reform. The tax increment financing plan in effect at the
time legislation is passed should be the basis for determining
remedies.
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In enacting any major reforms of the Minnesota property tax
system, including the complementary system of property tax relief
through aids to local government, the AMM recommends that the
Legislature pursue policies which meet the following conditions:
THE IMPACT OF ANY PROPOSAL SHOULD BE THOROUGHLY ANALYZED,, FOR
ITS IMPACT STATEWIDE AND ON INDIVIDUAL COMMUNITIES. �
MA.TOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING
JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR.
AT,T, SIGNIFICANT CHANGES SHOULD BE PHASED IN SO THAT CITIES CAN
ADEQUATELY PLAN FOR ANY NEEDED ADJUSTMENTS.
LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAIi OF PROPERTY TAX
RELIEF SHOULD REMAIN AN ESSENTIAL COMPONENT OF THE PROPERTY TAX
SYSTEM. CATEGORICAL AID PROGRAMS SHOULD NOT BECOME A SUBSTITUTE
FOR LGA AND RELATED PROPERTY TAX RELIEF PROGRAMS.
PROPERTY TAX REFORM SHOULD RECOGNIZE THE TAX/CASH FLOW NEEDS OF
AND NOT JEOPARDIZE EXISTING DEVELOPMENT DISTRICTS, TAX INCREMENT
FINANCE DISTRICTS OR ENTERPRISE ZONES. •
THE CIiANGES IN TAX STATEMENTS MADE BY THE 1988 LEGISLATURE HAVE
THE POTENTIAL TO MISLEAD TAXPAYERS ABOUT THE VALUE OF HOMESTEAD
AND AGRICULTIIRAL CREDIT AID (IiACA) PAYMENTS MADE TO LOCAL
GOVERNMENTS AND SHOULD BE CORRECTED.
ANY FUTURE REDUCTION IN PROPERTY TAX CLASSIFICATION RATES SHOULD
NOT BE FUNDED BY TAX SHIFTS TO OTHII2 PROPERTY OR FROM THE CURRENT
2 CFNP SALES TAX IN TfiE LOCAL GOVERNMENT TRUST FUND BUT SHOIILD BE
FUNDED FROM THE STATES GENERAL FUND.
AN INCOME-ADJUSTED CIRCUIT BREAI�R AND RENTERS' CREDIT SHOULD
CONTINUE.
SIMPLIFICATION AND ACCOUNTABILITY ARE DESIRABLE GOAIS THAT SHOULD
BE ADDRESSED WITHIN THE ABOVE TENETS.
I-E GENERAL FISCAL IMPACT POLICIES
E-1 FISCAL NOTE CONTINUATION
Many laws are passed each year by the legislature which have a
substantial effect on the financial viability of cities. Some of
these, such as revenue and tax measures, have an obvious and
direct effect which is often calculated and reported during. the
hearing process. Many others, such as worker's compensation
benefit increases, mandated activities, binding arbitration and
other labor related legislation, social programs, etc., have
costs which are not as obvious but which will now be known due to
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a fiscal note requirement. Cities and others will now be able to
determine the real cost of a program or suggestion and be able to
use this data in determining the merits. `
THE STATE SHOULD CONTINUE A POLICY OF "DELIBERATE RESTRAINT" ON ,
ITS MANDATED PROGRAMS AND UTILIZE EXTENSIVELY THE RECENTLY
ADOPTED FISCAL NOTE STATUTE IDENTIFYING LOCAL GOVERNMENT COSTS
ON ANY NEW MANDATED PROGRAMS. '
E-2 FUNDING SHIFTS
The Minnesota House of Representatives Research Department
annually prepares 'Major State Aids and Taxes: A Comparative
Analysis'. The statistics for 1985 through 1990 show an imbalance
of state revenues collected and aids and credits distributed
between the metropolitan and outstate areas. Over 65% of the
State Revenue is collected in the Metropolitan Area while only
about 45� of the aids and credits are redistributed in the metro
area. In 1990 there was $.59 returned in aids and credits for each
dollar collected in the metro area (up 6 cents from 1989) whereas,
there was $1.32 returned per $1.00 collected in greater Minnesota
(up 7 cents from 1989). The trend in the past two to three years
has been very slightly in favor of the metro area but there is
still a vast imbalance in favor of outstate distribution per
amount collected. If the imbalance is allowed to grow , state tax
and aid policies may jeopardize the future economic growth of the
metro area to the detriment of the whole state.
STATISTICS COMPILED BY THE HOUSE RESEARCH DEPARTMENT SHOW THAT THE
N�A�TORITY OF THE BTATE REVENUE IS RAISED IN THE METRO AREA WHILE
ONLY A MINORITY OF THE STATE AIDS AND CREDITS ARE ALLOCATED TO THE
METRO AREA. THE AMM REQUESTS THE LEGISLATURE TO REDUCE THE
IMBALANCE AND TO CONSIDER HOW THIS DISTRIBIITION OF RESOURCES
EFFECTS THE ECONOMIC GROWTH AND VITALITY OF THE METRO AREA AND
THUS THE ENTIRE STATE.
E-3 STATE REVENUE STABILITY
The AMM has in the past supported a state budget reserve of a
sufficient size to allow the state to overcome unexpected Revenue
shortfalls in a given year. This supporting position was adopted
to prevent a repeat of the 1980 disaster where cities did not
receive certified State Aids that had become an integral part of
the budget. However, when faced with a similar shortfall in 1990,
the state legislature and administration again withheld needed
already budgeted State Aids. The state acted as if use of the
budget reserve for its stated purpose would somehow be bad and
that it was better to take away service resources from citizens
and blame local government.
THE AMM SUPPORTS A CONTINIIED STATE BUDGET RESERVE ONLY IF THE
�
STATE IS WILLING TO USE THE RESERVE IN TIMES OF REVENUE SHORTFALL
IN ORDER TO MAINTAIN THE BUDGETED COMMITMENTS MADE TO LOCAL
GOVERNMENT. MAINTAINING A BUDGET RESERVE MERELY FOR THE SAKE OF
HAVING MONEY IN THE BANR WHILE ARBITRARILY CUTTING PREVIO'QSLY
COMMITTED LOCAL EXPENDITURES IS BAD PUBLIC POLICY AND IS DECEIVING
� TO THE CITIZENS OF MINNESOTA.
- ' E-4 CITY FUND BALANCES
There are several reasons why cities must carry adequate fund
balances. First, cities need substantial cash balances at the
beginning of their fiscal year to finance expenditures for the
first six months of the year. (By statute, cities' fiscal year is
on a calendar year basis, running from January 1 through December
31.) The main sources of city revenue are property taxes and
state aid; property tax payments are not made to cities until
June and state aid is not provided until late July -- six to seven
months into the city fiscal year. Without the necessary cash
balance at the beginning of the year cities do not have funds to
operate for the first half of the fiscal year. The alternative
would be for the city to engage in costly borrowing which is not
in the interest of local taxpayers or the state. The office of
the state auditor has recommended that to be prudent, cities
should carry an end-of-the-year dedicated cash balance sufficient
to fund city expenditures for the first half of the year.
Second, many cities, in order to save taxpayer dollars and avoid
paying costly interest on debt, accumulate funds for major capital
purchases and infrastructure. A common example is saving over a
period of years to purchase an expensive fire engine or public
works vehicle. In some cities, it may appear as if a city has a
large reserve compared to its annual expenditures, but in reality
it is "saving" for a major purchase. Confusion over this practice
has lead cities to more prudently "designate" their fund balances
to clarify the intended future use of such funds.
Because of the vast differences in the size of the 856 cities of
Minnesota and the various local preferences in financing
purchases, it would be bad public policy for the Legislature to
restrict or eliminate cities' abilities to accumulate fund
balances.
Third, cities need to maintain some fund balance to meet emergency
or unanticipated expenditures created by situations such as cuts
in aid, natural disasters, lawsuits, and premature breakdown of
vital equipment. Cities are not given the necessary revenue
raising authority to be able to address these issues in the middle
' of a budget year.
And finally, bond rating firms require liquidity and a
demonstrated ability to pay debt in order to receive a favorable
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bond rating. Bond rating firms scrutinize city fund balances when
rating bonds. The better the bond rating of a city, the lower
the interest cost of borrowing are to the taxpayer. Therefore, �
THE LEGISLATURE SHOULD NOT ATTEMPT TO CONTROL OR RESTRICT CITY . _
FUND BAI,ANCES. THESE FUNDS ARE NECESSARY TO MAINTAIN THE FISCAL
VIABILITY TO MEET UNEXPECTED OR Er�RGENCY RESOURCE NEEDS OF CITY
GOVERNMENTS, TO PURCHASE CAPITAL GOODS AND INFRASTRUCTURE,PROVIDE
ADEQUATE CASH FLOW AND TO MAINTAIN HIGH LEVEL BOND RATINGS.
I—F SALES TAX DEDICATION GUARANTEE
The ANII�I commends the Legislature for the creation of the Local
government Trust Fund (LGTF) consisting of 2 cents sales tax
dedication to city/county property tax relief. City governmental
officials have long needed a stable source of funding to augment
the property tax for provisions of municipal services.
THE AMM SUPPORTS CONTINUATION OF THE LOCAL GOVERNMENT TRUST FUND
BASED ON 2 CENTS SALES TAX AND MVET TO BE USED ONLY FOR
PROPERTY TAX RELIEF PROGRAisS CURRENTLY PAID BY TfIL TRUST FUND BUT
NOT TO INCLUDE FUTURE PROPERTY CLASSIFICATION CHANGES•AFTER 1994.
THE AMM SUPPORTS AN_IRREVOCABLE DEDICATION OF 2 CENTS SALES AND
MOTOR VEH�CLE EXCISE TAX TO THE TRUST FUND WHICH INCLUDES SUPPORT
OF A CONSTITUTIONAL DEDICATION.
—8—
II
GENERAL LEGISLATION
PAGE 9 THROUGH 16
II
GENERAL LEGISLATION
II-A OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
The ANII�I has for many years opposed certain statutory changes that
erode local authority or mandate activities which cost money to
implement unless there is a provision to recover those costs.
Rather than adopt a separate policy for each issue, the AMM
believes that as general policy the legislature should not
decrease current authority or mandate activities creating added
costs to cities without providing the necessary funding or unless
there is overwhelming obvious demonstration of obvious need.
Included in this general policy is opposition to mandates such as;
mandating wards for elections, setting city employee salaries,
state or metropolitan licensing of tree treatment contractors,
plumbing inspections by licensed plumbers only, and requiring
competitive bidding for land sales. •
THE AMM OPPOSES STATUTORY CHANGES WHICH ERODE LOCAL CONTROL AND
AUTHORITY OR CREATE ADDITIONAL TASRS REQUIRING NEW OR ADDED LOCAL
COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM. THIS INCLUDES
MANDATING ELECTION BY WARDS AND INTRUSION IN SETTING LOCAL
SAI�RIES.
II-B TORT LIABILITY .
The Municipal Tort Liability Act was enacted to protect the
public treasury while giving•the citizen relief from the
arbitrary, confusing, and administratively expensive prior
doctrine of sovereign immunity with its inconsistent and
irrational distinctions between governmental and proprietary
activities. The act has served that purpose well in the past,
however, courts frequently forget or ignore the positive benefits
secured to citizens damaged by public servants as a result of
enactment of the comprehensive act which includes some limitations
on liability and some qualifications of normal tort claims
procedure. �
The special vulnerability of far-flung government operations to
debilitating tort suits continues to require the existence of a
tort claims act applicable to local governments or local
governments and the state. The need for some type of limitations
is evidenced by recent experiences with the insurance market.
Cities in Minnesota are finding it increasingly difficult to
obtain insurance at an affordable rate, if at all. Amendments in
1983 to increase the dollar amounts recoverable by plaintiffs
should be adequate to satisfy any reasonable claim. Further
changes in limits beyond the current $200,000 per person and
$600,000 per occurrence should not be made.
Joint and several liability provisions have been modified to
lessen the deep pockets effect some. The current limit of payment
�
is times two for liability of 350 or less (i.e. if the city is 30%
liable, they may be required to pay 60% of the damage award) or
total responsibility if liability is over 35� (i.e. if the city is
40� liable, they may be required to pay 100% of the damage
award). This still seems onerous especially when this comes out
of taxpayers pockets. Payment liability should definitely not be
increased.
THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL TORT
LIABILITY ACT AND RECOZ�NDS THAT THE CURRL�NT LIMITS OF LIABILITY
REMAIN INTACT. JOINT AND SEVERAL LIABILITY PROVISIONS FOR PAYMENT
LIMITS SHOULD NOT BE INCREASED FROM CURRENT LAW SO THAT TAXPAYERS
ARE NOT MORE UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS.
II-C DATA PRACTICES
C-1 OPEN MEETING
Data privacy laws protect individuals from the release of
information to the public which the legislature has deemed to be
private or which could be unnecessarily harmful to the individual.
On the other hand, the open meeting law prohibits local government
units from holding closed sessions except when discussing pending
or actual lawsuits with an •attorney or labor negotiations.
Unfortunately, many occasions have arisen in past years where
local units in dealing with individuals or employee disciplinary
matters have been forced to either violate the Data Privacy
Statutes or the Open Meeting Statute in order to fairly resolve
the issue. ,
The Minnesota Supreme Court in early 1989 apparently resolved the
conflict between the two laws and did so by establishing a.clear
rule that when 'not public data' comes before public bodies,
either the data must not be released or the meeting must be
closed. However, the 1990 legislature overturned that decision,
but in its clarification, raised more questions than existed prior
to that 1989 Annandale decision. The new law allows an initial
hearing to be closed, unless an individual being accused requests
a public hearing,�but does not provide for notice to the
individual. It does not say whether the name can be released.
The new law provides that the data which is a basis for firing or
suspension is public after final determination and that cities
must use 'reasonable efforts' to protect private data. However,
the law is unclear as to whether final determination is upon
council action or upon completion of grievance and arbitration of
the action. The time gap between council action and filing of
grievance is a problem for determining what data is public or
private. It does not define 'reasonable efforts' nor does it
provide a method to discuss multiple charges, some of which may
not be included as part of the ultimate basis for action.
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Local officials appear to be just as much or more at risk under
the new law than the old law prior to the Annandale decision, and
thus, because of the severity of punishment should probably
err by closing meetings rather than err by.inadvertently violating
, the Data Practices Act and violating an employees right.
� THE AMM REQUESTS THE LEGISLATURE TO MARE THE DATA PRIVACY AND OPEN
- MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY
SHOULD NOT HAVE TO VIOLATE THE OTHER. FURTHER, THE AMM STRONGLY
SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER OPEN MEETING WHERE
CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGHT OF CONFIDENTIALITY
FOR PERSONAL AND PRIVATE DATA. �
ALSO, THE LEGISLATURE SHOULD CREATE A PROCESS WHICH WOULD ALLOW
CITIES TO FORWARD DISSEMINATION REQIIESTS FROM THE PUBLIC TO AN
INDIVIDIIAL OR BOARD AT THE STATE FOR AN OPINION ON THE PROPER
RESPONSE. THE AMM WOIILD SUPPORT THIS PROCESS ONLY IF ANY LOCAL
GOVERNMENT RECEIVING THE OPINION WOULD AI�O RECEIVE PROTECTION
FROM ANY CLAIMS BROUGHT AS A RESULT OF ACTIONS TAKEN IN RELIANCE
ON THE OPINION.
C-2 LIQUOR LICENSE APPLICATION
The definition of 'licensing agency' in Minn. State 13.41 is not
clear as to the inclusion of cities, therefore, it is unclear
whether all or part of the information on license issuance is
public. This can be a real problem when issuing liquor licenses,
since part of the data concerns sensitive business and personal
finances.
THE AMM ENCOURAGES THE LEGISLATURE TO CLARIFY THAT POLITICAL
SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES
IN MINN. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSON OR
BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR
LICENSE OR OBTAINED AS A RESULT OF AN INVESTIGATION OF THE
APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE.
C-3 GENERAL PUBLIC DATA
The Government Data Practices Act allows municipalities to charge
the actual costs of searching for, retrieving, and copying public
data if copies of the data are requested. The law prohibits
municipalities from charging the costs of searching for and
retrieving data if a person asks only to inspect it. In many
cases, the searching and retrieving are the most time-consuming
aspects of supplying data. Making a copy is frequently only a
small portion of the time required and should not be the standard
' for determining whether a charge is appropriate.
Profit-making enterprises have used this free service to augment
their businesses. For example, individuals have established
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businesses for preparing special assessment searches. Personnel
from these businesses use city facilities, including expensive
computer equipment, to obtain the special assessment data. The
personnel may also take significant amounts of staff time for
explanations of the data collected. They then dominate the
publicly provided telephone for lengthly periods to transmit the
information obtained. These businesses use city facilities and
personnel as part of a profit-making enterprise, solely at
taxpayer expense. Municipalities should be allowed to charge for
retrieving and explaining public data whether or not the request
includes copying.
The law also prohibits municipalities from charging for
separating public from non-public data. This task may be very
time-comsuming and is necessary to protect the non-public data.
Municipalities should be allowed to charge for this service.
To preserve the Act's spirit and intent of keeping government
records open to inspection for public purposes, the new charges
proposed would not apply to the media or to private citizens
requesting information about themselves or their own properties.
THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03,
SIIBD. 3 TO ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND
EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON-PUBLIC
DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO
PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OR THEIR
OWN PROPERTIES.
II-D POLICE AND FIRE PENSION PROVISIONS
Local police and full-time fire relief associations were phased
out by the 1980 legislature, unless the local council opts to keep
the relief association. Al1 new employees will become part of the
state police and fire PERA fund and the state will reimburse local
units for a portion of the unfunded liability remaining in the
local fund. The unfunded liability was projected to be paid by the
year 2011 but during the 1980's, investment earnings were in
excess of 10� and thus could, at that continued rate, reduce the
time to year 2005. Past earnings are not an indication of what
happens in the future. The legislature considered siphoning
earnings in excess of that needed for 2011 amortization to reduce
state payments and property tax levy for unfunded liability as
well as provide a bonus .(13th. paycheck) to retirees. If
investment increase drops below 10%, the local property taxpayers
in future years will pay more, not only to pick up the property
tax reduction but the state reimbursement reduction. It would be
better public policy to wait until the unfunded�liability is
funded. Also, 1979 Law set employee contributions at 8% and the
Legislative Retirement Commission has in the past established a
general policy requiring public safety employees to pay 400 of the
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normal pension costs.
D-1 AMORTIZATION AID
THE AMM OPPOSES LEGISLATION THAT PROVIDES FOR REDUCTIONS OF
STATE AMORTIZATION AID TO LOCAL POLICE AND FIRE RELIEF
ASSOCIATIONS. .
D-2 EMPLOYEE CONTRIBUTION AMOUNT
EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8$, IN
MANY FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. TI�
AMM URGES THAT THE CONTRIBUTION LEVEL BE SET AT 40$ OF THE NORMAL
COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 8$ OF
BASE SALARY.
D-3 BENEFIT INCREASES
THE AMM OPPOSES ANY BENEFIT INCREASES FOR LOCAL POLICE AND FIRE
RELIEF ASSOCIATIONS UNLESS AN INCREASE, INCLUDING ANY RESULTING
DEFICIT, IS FINANCED 50� BY THE EMPLOYING CITY AND 50% BY
EP�IPLOYEES ON A CURRENT BASIS.
D-4 ASSUMPTION CHANGES
THE AMM SUPPORTS CHANGES IN ACTUARIAL ASSUMPTIONS RELATING TO
SALARIES AND INVESTMENT RETURN TO MORE TRULY REFLECT EXPERIENCES.
THE AMM OPPOSES PAYMENT OF ANY TYPE OF BONUS TO ACTIVE OR RETIRED
MEI�IBERS (13TH. CHECK) AS A PART OF ACTUARIAL ASSUMPTION CHANGES.
II-E CONTRACTORS PERFORMANCE BONDS �
The 1989 legislature modified Minnesota Statutes 574.26 to allow
contractors to provide a letter of credit instead of a performance
bond for contracts of less than $50,000. Although an improvement
at the time, this still will create significant hardship with many
reputable minority and small contractors. In todays market,
projects in excess of $50,000 are very common and are not really
large jobs. Experience also shows that letters of credit are safer
for the public and easier to collect than Bonds. The emphasis
should be on protecting the public.
THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN
CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS,
OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF
CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS TO THEREBY ENHANCE
OPPORTUNITIES FOR MINORITY AND OTHER SMALL CONTRACTORS.
II-F CONCURRENT DETACHIKENT AND ANNEXATION
Prior to 1985 the changing of municipal boundaries initiated by
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property owners was limited to the single case where their
property was totally surrounded by another community. The 1985
legislation opened the possibility up to all property owners to
initiate such action. This broad based allowance is problematic
in some instances because of the City expense and intercity
divisiveness that it causes.
IT IS THE POLICY OF THE AMM THAT THE PROVISION ALLOWING PROPERTY
OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING
UNDER ANY OF THE FOLLOWING CRITERIA.
-THE PROPERTY OWNERS HAVE BEEN DENIED A REASONABLE USE OF THEIR
LAND WHICH IS CONSISTENT WITH AND ALLOWED UNDER THE CITY'S
COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE
NOT BEEN DENIED A REASONABLE IISE IF THE PERMITTED DEVEIAPMENT HAS
BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN.
-THE COMPREHENSIVE PI,AN DOES NOT ACCOUN'P FOR SIGNIFICANT BARRIERS
SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY
INCLUDING ANY ABILITY TO ACCESS ITS STREET SYSTEM.
-PROPERTY OWNERS HAVE PAID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT
DUE TO ACTIONS TAKEN BY THE GOVERNING BODY ARE PROHIBITED FROM ANY
CONNECTION TO THAT SYSTEM.
BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS
THEY MUST UNDERTAKE A PROFESSIONAL PLANNING FEASIBILITY STUDY TO
BE CONDUCTED BY A CONSULTANT TO BE SELECTED AND PAID FOR BY THE
PROPERTY OWNERS. THE CURRENT COMMUNITY MUST APPROVE THE SELECTION
OF THE CONSULTANT OR OFFER AN ALTERNATIVE CONSULTANT ACCEPTABLE TO
THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE
MIINICIPAL BOARD SHALL APPROVE A CONSULTANT. THE STIIDY SHOULD
EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE
RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STIIDY SHOULD
ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY
FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PI,AN.
THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE
CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE
PROPERTY OWNERS SHALL PRESENT TfiE PLAN TO THE OTHER COMMUNITY.
PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE
PETITION HAS BEEN SUBMITTED, THERE SHALL BE A PERIOD •TO AI.TAW FOR
MEDIATION BY THE CITIES.
FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE _
REGIONAL PLANNING COMMISSION(S) OR METROPOLITAN COUNCIL WFIEFtL� THE
CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO THE
MUNICIPAL BOARD FOR CONSIDERATION. !.
THE MUNICIPAL BOARD'S DECISION MUST BE BASED ON A BALANCING OF THE
INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS
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0
TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO:
-THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH
MUNICIPALITY;
-THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING THE
IMPACT ON THE REGIONAL SYSTEMS;
-THL ECOATOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS;
-THE EXISTENCE OF PIiYSICAL BARRIERS WHICH SEPARATE THE PROPERTY
FROM THE REMAINDER OF.THE CURRENT MUNICIPALITY BUT NOT THE
PROPOSED MUNICIPALITY; AND
-ADDI�IONAL CRITERIA INCLUDED IN MS 414.041, SUBDIVISION 5
II-G TORT LIABILITY/MTC SECURITY
State law allows the Metropolitan Transit Commission (MTC) to hire
off-duty policy officers to provide security for its' bus routes.
The law does not allow the MTC to have its own police department.
The duties and scope of the work have changed significantly as the
MTC security problems have become worse. The MTC security
division now functions almost like a police department, with a
hierarchy of ranks and marked patrols. Employees of many
metropolitan area policy departments are employed by the MTC in
this capacity. • •
Member communities have become increasingly concerned about their
potential liability because of this expanded scope of operations.
A plaintiff could easily sue the employing city, alleging that the
city negligently hired and trained an officer, even though the
incident occurred while the officer was working for the M'�C. The
cities obtain no significant benefit from the officers' work for
the MTC and should not be exposed to any risk as a result.
THE �1MM RECONII��NDS THAT THE LEGISLATURE ADOPT A LAW REQUIRING THE
MTC TO COMPLETELY INDENIlJIFY GOVERNMENTAL UNITS WHICH ALLOW THEIR
POLICE OFFICERS TO WORK AS SECURITY OFFICERS FOR THE MTC.
II-H 911 TELEPHONE TAX
Since 1985, Minnesota has had the authority to impose a fee of up
to 30 cents per month on every telephone bill in the state.
Currently, the fee is set at 18 cents per phone bill per month.
The funds generated by this fee amount to several millions of
dollars per year. The Department of Administration uses these
funds to pay the recurring monthly costs to the 90+ phone
.- companies in the state for the costs of the dedicated phone
circuits.
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In a previous legislative session, legislation was introduced
which would have allowed the surcharge to grow to $1.00. The
excess fee was intended to develop capital in those outstate
counties to implement enhanced 911 service over and above the
basic 911 service they already have.
THE AMM SUPPORTS EXPANSION OF THE APPLICABILITY OF THE CURRENT 911
ACCESS FEE ON TELEPHONE BILLS TO BE USED FOR COSTS OTHER THAN JUST
ENHANCED UPGRADE FROM BASIC SERVICE AND THAT ANY FEE IN EXCESS OF
30 CENTS BE RETURNED TO THE JURISDICTION WHERE IT WAS COLLECTED.
II-I COOPERATION, COLLABORATION, AND CONSOLIDATION
Many studies and surveys of cities in Minnesota have shown that
cooperative agreements and shared services are very common. The
AMNI supports the extensive efforts which have been made by cities
across the state to provide services through cooperative
agreements, collaboration, consolidated programs,.and in some
cases consolidation of governments. We encourage the Legislature
to offer incentives to foster the creation of additional
agreements, but not at the expense of currently funded programs
such as LGA or HACA. It should be acknowledged that city
officials are most qualified to determine where shared or
consolidated services are most appropriate and will be most
effective. Cities across the state are continuing to make efforts
to increase the number and extent of programs provided, and/or to
reduce the costs of public services. Therefore,
THE AMM SUGGESTS THAT THE LEGISLATURE SHOULD NOT MANDATE
COOPERATIVE AGREEMENTS OR CONSOLIDATION FOR ANY CITY SERVICES OR
THE FORM OF CITY GOVERNMENT. HOWEVER, THE AMM WOULD SIIPPORT
FINANCIAL INCENTIVES TO ACCOMPLISH THE ABOVE PROVIDED THAT
INCENTIVE FUNDING WAS FROM A NEW SOIIRCE OTHER TfIAN FROM EXISTING
CITY AID PROGRAMS.
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III
HOUSING, ECONOMIC DEVELOPMENT AND I�ND USE
III-A. HOUSING AND NEIGHBORHOODS
The housing problem for persons currently unable to afford market
rate housing can best be mitigated if all levels of government and
the private sector, including non-profit groups, work together and
if each contributes a fair share to the solution.
Each level of government should contribute to help solve the
problem and each level's contributions should be of the kind it is
best suited to make. The Federal and/or State Levels should
provide direct financial subsidies for housing for low and
moderate income persons. The Federal and State Governments also
have the responsibility to provide a tax climate in which the
private sector can produce and maintain rental units that are
affordable to low and moderate income households. The State
should also grant local units of government the authority and
flexibility to conduct the kind of housing programs that best
meets their diverse needs.
The Metropolitan Council should continue to place high priority on
housing planning for the Metropolitan Area and provide specific
guidance to the public and private sectors so that both can make
rational decisions relative to future housing needs. The Council
should continue to be aggressive in seeking innovative ways to
create housing opportunities for low income persons.
Local units of government also have a major role to play. Local
controls constitute but a small portion of the total cost of
housing but local units should not establish requirements which go
beyond what is necessary for the protection of health, safety and
welfare. Local units should also work with the private and
non-profit sectors to make the best use of existing tools to
produce affordable housing which is more affordable.
Decision makers at all levels must become more cognizant of their
actions,,policies, and decisions which have an undesirable impact
on housing costs.
A-l. EXAMINE LOCAL REQUIREMENTS.
Local requirements, if excessive, can add to the cost of producing
affordable housing. �
COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND USE
REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE THAT THESE
REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION
OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF
AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE WHEN
APPROPRIATE. NO LEGISLATIVE INITIATIVE NEEDED.
A-2. PRACTICES WHICH AFFECT HOUSING COSTS.
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�� ,,;• _ �
Decision makers at all levels of government must become more
cognizant of actions they take which have an impact on housing
costs. These actions in themselves may be worthwhile and
beneficial, but when implemented result in increased housing
costs. Examples of this type of action would include such things
as the sewer availability charge, restricted growth policies,
building and energy codes, environmental rules, etc.
ALL LEVEIS OF GOVERNMENT SHOULD EXAMINE THEIR PRACTICES AND
POLICIES TO DETERMINE POSSIBLE UNNECESSARY IMPACTS ON HOUSING
COSTS. CHANGES SHOULD BE MADE AS NECESSARY.
A-3. MANDATORY I�ND USE STANDARDS.
, Uniform standards for housing style, type and size are not
appropriate because of the great diversity among cities and
differences within cities. relative to density of development,
topography, age of housing stock, the mix of housing values, and
the level of municipal services which are provided.
Land use regulation is one of the tools used by city officials
to protect the health, safety, welfare, and interests of the
city�s residents.
THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH MANDATES UNIFORM
ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES ADDITIONAL LAND
USE REGULATION AUTHORITY FROM LOCAL UNITS OF GOVERNMENT. CITIES
SHOIILD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE,
AMOUNT, AND TYPE OF HOUSING WITHIN THEIR BOUNDARIES. NO
LEGISLATIVE INITIATIVE NEEDED.
A-4. STATE HOUSING POLICIES.
The state should be a more active participant in providing funding
for housing needs. It is expected that allocation of state
resources would be based on an overall state housing policy which
would provide the necessary tools for implementation. The
Legislature needs to provide for financing strategies which will
carry out the long range goals for providing and maintaining
affordable housing opportunities. The state housing policy should
enable and assist local governments, private and non-profit
developers to initiate affordable housing. Local governments
should participate in the formulation of a state housing policy
which will be used to support local housing goals.
THE AMM RECONIr�NDS THAT THE STATE PROVIDE DIRECT FUNDING AND
FINANCIAL INCENTIVES NEEDED TO ASSIST CITIES IN MEETING LONG TERM
HOUSING NEEDS IN THE STATE.
DIRECT FUNDING SHOULD COME IN THE FORM OF GRANTS AND LOANS FROM
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STATE FINANCING SOURCES, INCLUDING BUT NOT LIMITED TO:
- STATE APPROPRIATIONS
- STATE BONDING �
- STATE GAMBLING REVENUE
- MORTGAGE DEED TAX REVENUE
FINANCIAL INCENTIVES PROVIDED THROUGH THE STATE TAX POLICY SHOULD
BE IISED TO BENEFIT THE MAINTENANCE AND DEVELOPMENT OF AFFORDABLE
HOUSING. INCENTIVES THAT SHOULD BE CONSIDERED BUT NOT LIMITED TO:
- STATE LOW INCOME HOUSING TAX CREDIT
- SALES TAX EXEMPTIONS FOR THE CONSTRUCTION AND OPERATION
OF LOW INCOME HOUSING BY PUBLIC AGENCIES -
THE STATE LEGISLATURE IN ALLOCATING RESOURCES FOR HOUSING SHOULD
NOT SPECIFICALLY TARGET AN ACTIVITY AND THEREBY SET ASIDE SMALL
AMOUNTS OF FUNDS FOR MANY DIFFERENT SMALL PROGRAI�I.S. THIS JUST
INCREASES STATE AND LOCAL COST IN ESTABLISHING RULES, AND APPLYING
FOR AND ADMINISTERING THE PROGRAMS. INSTEAD THE LEGISLATURE
SHOULD SET GENERAL POLICY PRIORITIES FOR THE USE OF STATE FUNDS
AND ALLOW FOR LARGER POOIS OF FUNDS BY WHICH LOCAL, NON-PROFIT AND
FOR-PROFIT DEVELOPERS CAN APPLY BASED ON THEIR SPECIFIC
ACTIVITIES.
A PORTION OF ANY NEW REGIONAL TAX OR FUNDZNG SOURCE SHOULD BE USED
TO AISO FUND HOUSING ACTIVITIES IN COOPERATION WITH LOCAL UNITS OF
GOVERNMENTS .
THE AMM RECONIl��NDS THAT THE PROPERTY TAX SYSTEM NOT BE USED AS A
SOURCE OF NEW HOUSING FUNDS TO MEET STATE AND METROPOLITAN GOAIS.
A-5 LOCAL HOUSING POLICY
There is a great diversity among cities in the metropolitan area.
Some cities need more housing for low income persons while other
cities need housing for moderate to upper income persons. Cities
should have the authority to promote whichever kind of housing is
in the public purpose and best interest of a particular city
while attempting to provide housing opportunities to households of
all income levels. Cities need to k�ave a greater flexibility'in
financing their housing goals if they are to meet the intent of
the Metropolitan Land Planning Act.
CITIES SHOULD BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY BY
THE LEGISLATURE TO CONDUCT AND FINANCE HOUSING PROGRAMS THAT MEET
THEIR INDIVIDUAL HOUSING NEEDS. LOCAL FUNDS CAN' BE USED TO
LEVERAGE FEDERAL, STATE AND METROPOLITAN RESOURCES WHEN THLY CAN
MEET COMMON POLICY GOALS.
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-� �'t�'�► ' •,�
�• _
,
IT IS NECESSARY TO EXPAND FINANCIAL RESOURCES AVAILABLE AT THE
LOCAL LEVEL. WE REQUEST:
-REMOVAL OF THE LGA/HACA PENALTY ON THE USE OF TAX INCRII��NT
FINANCING FOR HOUSING
-REMOVAL OF IiOUSING AUTHORITY LEVY LIMITS
-REINSTATING THE STATE DEED AND MORTGAGE TRANSFER TAX EXEMPTION FOR
PUBLIC AGENCIES '•
-ALLOWING CITIES TO IMPOSE IMPACT FEES
A-6 METROPOLITAN �2EA HOUSING NEEDS �
The 1991 Metropolitan Council through a specially appointed
regional housing task force completed a thorough study of housing
needs in the seven-county area. The study concluded that the
region is facing ,critical challenges to its ability to provide
decent affordable housing for its population. Demographic shifts,
market forces and aging of the regional housing stock will combine
in the 1990s to jeopardize many people's opportunity for housing
of their choice.
Those findings have not been addressed in a comprehensive manner
at either the state and/or federal level in the• past year,
therefore the ANINI continues to support most of the task force's
final report conclusions and is still very concerned with the
problems identified in said report. And, it is still the case
that individual cities do not have the financial resources to
adequately deal with said problems which continue to cause unmet
human needs for a good number of citizens in this Metropolitan
area.
TO BEGIN ADDRESSING THE REGION'S ON-GOING HOUSING PROBLEMS, THE
AMM RECONlr�NDS THAT :
A. ALL CITIES AND THE METROPOLITAN COUNCIL UNDERTAKE COORDINATED
PLANNING WITH RESPECT TO CITY AND REGIONAL HOUSING NEEDS
INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS.
B. A METROPOLITAN HOUSING AND NEIGHBORHOOD REVITILIZATION FUND BE
ESTABLISHED. A SURCHARGE ON THE DEED TAX OR OTHER NON-PROPERTY
REGIONAL FUNDING SOURCE COULD BE USED TO PROVIDE THE FINAN,CING
TO ADDRESS SUCH ISSUES AS ADEQIIATE AFFORDABLE RENTAL HOUSING,
PRESERVATION OF AGING HOUSING STOCK, SHELTER FOR PERSONS WITH
SPECIAL NEEDS, ETC. ON A METROPOLITAN WIDE BASIS.
C. ADDITIONAL FUNDING BE PROVIDED TO ASSIST CITIES WITH
COMPREHENSIVE HOUSING PLANNING AND ITS IMPLEMENTATION. THE
ADDITIONAL FUNDING COULD BE CONDITIONED ON A CITY UNDERTAKING,
IF IT HAS NOT ALREADY DONE SO, THE SPECIFIED COMPREHENSIVE AND
COORDINATED PLANNING AND ANY METROPOLITAN ALLOCATION OF
FUNDING COIILD BE BASED ON CONFORMANCE WITH REASONABLE
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� � _�� s : �
A-? NEIGHBORIiOQD LIVEABILITY•
Rapidly evolving social, demographa.c, economic and behavorial
changes are converging on many cities creating new challenges that
exceed their capacity to deal effectively with their new
ez�vironments .
The chal3eng�� cities face, such as deieriorating neighborhaads,
crime, and drugs, need the cooperative efforts of public, private
and business interests to solve. Cities have expanded public
safety, inspection, and h�alth prograrns; have aggressively
repaired and replaced in�rastructure; i.e., replaced streets and
public utility lines; have removed diseased trees, redeveloped
parks, refurba.shed or replaced neighborhaod civic facilities; and
have developed programs ta assist law and maderat� income
families, yet problems continue ta grow.
Cities should take the lead in developing loeal and regional
strategies tha� will assist them in dealing with growing
neighbarhood problems. These strategies should include the
fallowing major categories:
2. Physical and structural deterioration af the
neighborhood.
2. Soci.al welfare af the neighbarhoad.
3. Educatianal opportunities.
PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD:
a. Cities need to evaluate the demographic impact on
their hausing stock and plan �'or future
rehabilitation or reuse. The demographic impacts
may include dec].ining home values, delayed or
non-maintenance af hou�ing s�ack, foreclosed or
abandaned housing and the changing of neighborhood
character (i.e. An owner-base ta a tenant-base). In
a metrapolitan area these forces ga beyand a city's
boundary and may require a mare metropolitan view ta
try to resolve the causes of the problents. .
b. Citie� need to plan for cantinued upgrading of public
facilities (i.e. streets, utilities, parks) even in
the face of declining values. This may
require statutory authority beyond existing autharity.
c. Cities need ta plan far regulatory enfarcement at
levels needed to maintain neighbarhaod quala.ty. If a
strong level af enforcement is provided up front it
can be an ef�ective relatively low cost long term
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strategy for maintaining neighborhood quality.
d. Cities need to plan for and encourage neighborhood
residents' participation in the preservation of the
city's neighborhoods. Neighborhood pride can become
one of the strongest tools that cities can tap into,
provided that other resources are in place that can
provide the means by which this energy can focus.
e. Cities need to expand their resource base and plan
for the targeting of resources to accomplish their
long-term strategy for neighborhood preservations.
Expanding this resource base will require
coordinated efforts at the federal, state, regional
and local level.
f. Cities need to strengthen their ab'ility to take
appropriate legal actions in a swift manner to
eliminate deteriorating structures in a
neighborhood. Lengthy procedures accelerate damaging
impacts blighted structures have on a neighborhood.
This should include the expanding use of the housing
court to allow for action on single family dwellings
and for City code enforcement.
g. Cities need to plan for and encourage neighborhood
resident's participation in recreational pursuits and
activities. Along with the appropriate public
facilities for recreation and leisure, there needs to
be organized programs and activities to make the best
use of these facilities.
h. Cities should actively encourage apartment owners and
managers to formally organize to create a forum by
which owners, managers, city officials, and other
interested parties may work cooperatively to
establish a climate that would achieve an ongoing
relationship among all participants and encourage
livable apartment environment.
SOCIAL WELFARE OF NEIGHBORHOODS:
a. Cities need to evaluate those social issues that
directly impact the liveability in a neighborhood
(aging, child care, transportation, job t�aining,
domestic abuse, etc.) and plan for long-range
systems that will strengthen the liveability of
neighborhoods.
b. Cities need to become more familiar with the social
welfare system and work closely with state and county
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agencies to emphasize the need of stabilizing
neighborhoods and the family units within those
neighborhoods.
c. Cities need to strengthen the cooperation of
individuals and families within the neighborhood to
support city initiatives dealing with crime and drug
awareness, public health issues (i.e. garbage houses,
animal infestation,. etc.) and domestic abuse.
d. Cities need to plan for services to neighborhoods
that will allow for affordable day .care,
transportation and job opportunities. The impact of
lack of these services has the greatest impact on the
low income and elderly households within any
neighborhood.
e. Cities need to develop programs and/or participate in
the development of state and regional programs to
lessen the impact that poverty has on the
destabilization of a neighborhood. These programs
are needed to deal with the broad range of issues
rather than one specific activity and can be
tailor-made to address a problem by linking
activities together (i.e. rent, mortgage assistance
or tax breaks tied to rehabilitation loans; rent
assistance tied to child care; job training and
transportation assistance, etc.).
EDUCATIONAL OPPORTUNITIES:
a. Cities need to encourage, participate in and
strengthen the school systems community education
outreach programs. These programs provide an
opportunity to coordinate school and city efforts to
strengthen the liveability of neighborhoods.
b. Cities need to work within the education process by
providing early childhood education on problems
•cities face in dealing with social impact on
neighborhood liveability.
c. Cities need to work closely with secondary and post
secondary education systems to encourage job
training programs. Such programs can help solve
neighborhood problems (i.e. work study with forestry,
rehabilitation, maintenance, etc. which will give
work experience by providing' opportunities in the
neighborhoods).
� 4:��c1
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l. WHERE LEGISLATION IS DIRECTED TO ASSIST LOW INCOME
PERSONS AND CHILDREN IN POVERTY, LEGISLATORS RECOGNIZE
THE LINKAGE BETWEEN HOUSING AND HUMAN SERVICES, JOBS AND
TRAINING, HEALTH CARE AND TRANSPORTATION. WHEN THE
LEGISLATURE CONSIDERS LOW INCOME PROGRAMS, IT SHOULD
TREAT THESE ACTIVITIES IN A COMPREHENSIVE MANNER.
2. THAT THE LEGISLATURE ENACT NECESSARY LEGISLATION TO
IDENTIFY AND ELIMINATE ANY BARRIERS THAT WOULD ACT TO
DETER PERSONS FROM ACHIEVING THEIR GOAL OF ECONOMIC AND
PERSONAL SUCCESS FOR THEM AND/OR THEIR FAMILY.
3. THAT THE GOVERNOR, BY EXECUTIVE ORDER, DIRECT HIS
DEPARTMENT HEADS WHO ARE INVOLVED WITH ANY ASPECT OF
HOUSING AND HUMAN SERVICES TO:
A. COORDINATE THEIR OPERATIONS SO THAT THEY IDENTIFY AND
REMOVE ANY CONFLICTING REQUIREMENTS.
B. ADMINISTRATIVELY, WHERE POSSIBLE IDENTIFY AND REMOVE
THOSE BARRIERS THAT ARE FELT TO RESTRICT A PERSON'S
ABILITY TO ACHIEVE ECONOMIC AND PERSONAL SUCCESS.
4. THAT THE LEGISLATURE AND THE GOVERNOR ALSO SEEK ANY
FEDERAL LEGISLATION AND/OR ADMINISTRATIVE RELIEF IN
IDENTIFYING AND ELIMINATING THOSE BARRIERS AT THE FEDERAL
LEVEL THAT THWART ECONOMIC AND PERSONAL SUCCESS.
A-8 STATE AND OR COUNTY LICENSED RESIDENTIAL FACILITIES
(GROUP HOMES) `
The ANIl�I beTieves that persons with disabilities are entitled to
live in the least restrictive possible environment and should have
a range of residential choices throughout the state. The AI�! also
believes that residential based facilities (i.e. Group Homes)
should not be concentrated. Over-concentration of such facilities
could have a negative impact on the community and on the facility
residents. The ANIl�I believes that the principles contained in this
policy are very appropriate and any state legislation pursued
should not conflict with the ANIl�i principles.
The residents of residential based facilities come from our
communities and the ANIN! believes that cities as one of the major
institutions of our society have a responsibility to be a part of
the solution by welcoming such facilities on a fair share and
rational basis. The AMM believes that cities have a
responsibility to be part of the solution, but it also believes
that the state has the major responsibility to assure that the
residents living in residential based facilities receive care and
supervision appropriate to the extent of their disability or their
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need to be housed in a group facility.
The state's deinstitutionalization policy is directly linked to
the need for more residential based care facilities in our cities
and the state has the responsibility to provide sufficient funding
to assure adequate care and supervision of the residents placed in
such facilities.
The ANIM also believes that the state has an obligation to
screen clients, particularly in the corrections area, so that
persons placed in residential based facilities are not a danger
to themselves, fellow residents, or the community.
THE AMM BELIEVES THE FOLLOWING PRINCIPLES SHOULD BE IN LAW OR RULE
TO REGULATE RESIDENTIAL BASED FACILITIES:
-STATE AND COUNTY AGENCIES MUST PROVIDE TIMELY NOTIFICATION TO
CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS REQUESTED TO BE
ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE
OPPORTUNITY TO RESPOND. CITIES ALSO NEED TO BE AWARE OF SUCH
FACILITIES TO KNOW WfIAT SPECIAL CARE IS BEING GIVEN RESIDENTS IN
CASE OF PUBLIC SAFETY EMERGENCIES.
-STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY
RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR
PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE
STATE OR FOR COUNTY-ISSUED RFP'S SHOULD BE ESTABLISHED. AT,T•
CITIES SHOULD HAVE THE RIGHT TO REGULATE THE DISTANCE BETWEEN
GROUP HOMES IN A CONSISTENT MANNER. '
-THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE '
THAT PERSONS .PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM
SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR
OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING
ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT.
-FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE
EXIIKP'P FROM REASONABLE LOCAL I,AND USE REGULATIONS .
-A FAIR SHARE CONCEPT AND FORMiJLA SHOULD BE CONSIDERED WITHIN THE
METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT
OF OTHER FACTORS INCLUDING TRANSPORTATION FACILITIES, JOBS
AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES. �
-THE LICENSING AUTHORITY AND/OR THE LEGISLATURE SHOULD PROVIDE
SOME LATITUDE TO CITIES IN SITING SUCH FACILITIES IN ORDER TO
PROVIDE LOCATIONAL SETTINGS THAT WILL BEST MEET THE NEEDS OF THE
PROVIDERS, FACILITY RESIDENTS, THE NEIGHBORHOOD AND TfiE COMMUNITY
AS A WHOLE. '
A-9 LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) INSPECTIONS
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c
Cities are frequently.requested by the state fire marshal to
inspect group homes and day care facilities, which the state has `
the responsibility for. Also, there are inspections made by the
county and/or state for health and licensing purposes. ,�
Cities do not care to provide this service since they 1) do not
get compensation for performing the inspection, and 2) expose
themselves to liability if the city is involved in the inspection.
THE AMM RECOI�IlKENDS THAT :
r
� THE STATE AND/OR COUNTIES PROVIDE ALL THE INSPECTION REQUIRED BY
STATE LAW.
IF THE STATE AND/OR COUNTIES WISH TO HAVE CITIES PROVIDE THE
INSPECTION ON THEIR BEHALF, THE FOLLOWING CONDITIONS MUST APPLY:
CITIES WOULD BE FAIRLY COMPENSATED FOR THEIR WORK.
CITIES WOULD HAVE THE AUTHORITY TO ORDER COMPLIANCE AND/OR
PROHIBIT THE FACILITY FROM OPENING UNTIL THERE IS COMPLIANCE.
THE STATE AND COUNTIES WOULD BE RESPONSIBLE FOR THE RISR
MANAG�'MENT CONCERNS AND THE CITIES WOULD BE EXEMPT FROM LITIGATION
THAT MAY OCCUR.
III-B ECONOMIC DEVELOPMENT
Cities have an interest in the maintenance of and appropriate
enhancements to the economic base of their respective communities.
It is the community's economic base which provides;
a.) the tax base and other revenue sources which support
the general operations of cities, counties and school
' districts;
b.) the employment of some or a substantial number of
residents and,
� c.) the means by which the populus is housed.
{ All metropolitan communities address economic development when
it's translated to physical development through their local land
use regulations with the individual communities striving for
"orderly development". As a group however, metropolitan
communities differ as to development needs and view points, with
each community's needs subject to a number of variables.
A municipality's ability to both regulate and promote economic
development is based on authority established by other
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� organizations and regulations. It is this ability that is of
general interest to all Metropolitan communities. The Association
of Metropolitan Municipalities (AMM) is the principal policy
action group acting on behalf of its member cities. As such it is
appropriate that AN�I present the policy issues and concerns to
� those organizations that set the rules.
Because of divergent economies, differing needs and diverging
viewpoints between Metropolitan Minnesota and Greater Minnesota
there is a need to ensure that the means of economic development
available to AN�I member cities are appropriate to their needs and
that economic development efforts of others are complementary to
and not at the expense of inember cities. As noted economic
development for local governments is not just a matter of more tax
base for the community but entails tools to promote,� regulate and
service the development. Promotional means include Housing and
Redevelopment Authorities, Economic Development Authorities, Port
Authorities, tax increment financing, revenue and general
obligation bonds, condemnation and the Star Cities Program.
Regulation includes its comprehensive planning and land use
functions. Servicing include water, sewer, streets and other
municipal services.
TRANSPORTATION AS A KEY ECONOMIC DEVELOPMENT ELEMENT
Transportation, not only streets and highways but mass transit,
rail and air, is a key element in the economic
development picture of a community.
While infrastructive issues such as water and sewer are to some
degree issues for one or two governmental entities, transportation
systems involves the entire gamut from the local municipality
through the federal government. Additionally it is more than just
an infrastructure issue. Concerns as to where highways were to be
planned was a significant issue raised in the formation of the
Metropolitan Council and a rationale for passing the Fiscal
Disparities Act in 1973. �
The transportation issue has come to the forefront in the last few
years as major highways and interstate links have aged, existing
routes have volumes exceeding capacity and federal and state
funding has not kept pace with needs. This has been further
highlighted by using a previous highway funding source, the sales
tax/MVET, to help balance the state general fund. This has
resulted in cuts and delays in projects throughout the state.
With economically depressed areas demanding more funding to
improve their economic attractiveness to businesses and
economically successful areas needing funding to keep pace with
expansion, the issue of funding has become very divisive between
Metro and Greater Minnesota. A balanced and an efficient, well
maintained trarisportation system, including the before mentioned
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1
components, is a necessity so as not to retard economic
development.
BUSINESS FACTORS IN ECONOMIC DEVELOPMENT
While governmental entities can provide inducements, services and
infrastructure there are a number of other factors that influence
a business' economic development decisions. Factors such as in
place resources and costs, human resources (availability that
matches the needs), regulations and attendant costs, governmental
costs such as taxes, services etc. While only some of these are
under the control or influence of the governmental sector in the
state and therefore the mission of ANIl�l, these entities should make
efforts to ensure that state and local governments are
competitive. �
GENERAL ISSUES IN ECONOMIC DEVELOPMENT
Apart from direct business factors other items influence
locational and expansional considerations including "Quality of
Life" factors such as the educational systems, arts, theater and
professional sports teams. In addition governmental concerns
relate to housing, environmental impacts and economic security
among others.
B-1 CITIES DEVELOPMENT, RE-DEVELOPMENT AND ECONOMIC DEVELOPMENT
RESPONSIBILITIES:
The Twin City Metropolitan Area represents over 50% of the
population of the State of Minnesota and is the major source
of the economic vitality of this state.
At the same time, the cities of Minneapolis and St. Paul,
along with the older suburbs are facing the ongoing need for
providing economic development opportunities for the lower
income residents of their respective communities.
There is also the need for the redevelopment of neighborhoods
and commercial and industrial areas to revitalize the
decaying areas of these cities, which is causing
disinvestment.
In view of the fact that cities have the primary
responsibility for economic development and to accomplish the
above goals, cities need fiscal tools so they can address
these issues on a timely and effective basis. The recent
riots in Los Angeles and the infrastructure collapse in
Chicago has brought a flurry of activity at the federal
level.
The so called Urban Aid Plan proposes as one of its
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■�lA
}
�
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cornerstones -ENTERPRISE ZONES. An examination of this
proposal appears to be a proposal that the central cities
could be eligible for, but even though cities over 20,000
could apply, those suburbs in this Metropolitan Area would
_ only possibly meet some of the criteria by certain census
tracts, not the city as a whole.
� The administrative burden of this proposal would be something
that any city wishing to participate should examine very
carefully.
The State Legislature in the last session considered a
proposal by the City of St. Paul titled "THE NEW
MANUFACTURING AND TARGETED JOBS BILL".
The purpose of this legislation was to provide incentives to
encourage new manufacturing jobs to be created by business to
be located in the City of St. Paul. These would be jobs that
would pay $8-$10/hr. The incentives could be used to retain
employment in St. Paul by corporations that had facilities in
the city, but were contemplating locating them in another
state.
The most effective program that the central cities have had
at the state level has been the U.R.A.P. program. This was
very easy to administer and�the legislature made the
designation of who was eligible.
Many suburban communities asked for similar legislation in
the past and feel that it would work well to address their
housing and related economic development needs - including a
targeted jobs program also. .
THE AMM URGES APPROVAL OF A NEW WORKABLE STATE ENTERPRISE
ZONE OR A MANUFACTURING JOB OPPORTUNITY ZONE INCENTIVE
PROGRAM. .
THE AMM ALSO URGES THE LEGISLATURE TO ENACT A NEW VERSION OF
THE URAP PROGRAM THAT INCLUDES ALL CITIES WITH THE
CHARACTERISTICS AND DEMOGRAPHICS THAT MEET DEFINED CRITERIA.
SUCH CRITERIA SHOUI;D INCLIIDE FACTORS SUCH AS POVERTY RATES,
AGE OF HOUSING, UNEMPLOYMENT RATES, INCOME LEVELS, ETC.
WE ALSO RECONII�'�ND THAT ONCE A CITY HAS BEEN DESIGNATED A URAP
ELIGIBLE COMMUNITY, IT BECOMES AUTOMATICALLY ELIGIBLE FOR ANY
BENEFITS THAT WOULD BE AVAILABLE UNDER ANY ENTERPRISE ZONE
LEGISLATION AND/OR ANY OTHER PROGRAM TARGETED TO CITIES
WHOSE CHARACTERISTICS AND DEMOGRAPHICS INDICATE THERE ARE
NEEDS THAT CANNOT BE MET WITHOUT STATE AND FEDERAL
ASSISTANCE.
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THE AMM AISO RECONlr�NDS THAT THE MINNESOTA DEPARTMENT OF
TRADE AND ECONOMIC DEVELOPMENT REVISE ITS ECONOMIC BLUEPRINT
FOR MINNESOTA TO INCLUDE CITIES IN THE PROCESS FOR
DETERMINING THE GOAIS WHICH WILL RESULT IN A HEALTHY, GROWING
AND COMPETITIVE MINNESOTA ECONOMY. AS PART OF THE BLUEPRINT,
A WORK PLAN THAT INCLUDES CITIES' INPUT SHOULD BE DEVELOPED.
B-2 EQUAL TREATMENT OF CITIES.
The ANII�I believes that all cities irrespective of size or location
should be treated fairly with respect to the availability and use
of state authorized development and redevelopment tools, and
programs and state funding.
THE AMM URGES THE LEGISLATURE TO ASSESS NEW PROGRAMS THAT CAN BE
EFFECTIVELY USED BY ALL CITIES. NEW PROGRAMS DESIGNED TO ADDRESS
SPECIFIC ECONOMIC CIRCUMSTANCES WITHIN CITIES OR COUNTIES SHOULD
USE PROBLEM DEFINITION AS THE CRITERIA FOR MUNICIPAL PARTICIPATION
AS OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC.
B-3 TAX INCRII��NT FINANCING.
Tax Increment Finance (TIF) has enabled cities to plan and carry
out housing, economic development,' and redevelopment projects on
their own initiative. TIF represented, prior to 1990, the most
feasible and effective strategy or tool exercised by cities to
preserve and improve their own physical and economic environments.
TIF was virtually the only tool available to most cities for
positive self intervention to curb the spread of blight and to
encourage and manage sound economic development which is so vital
to provide jobs and to maintain a healthy tax base.
Unfortunately, the many restrictive amendments placed on TIF
during the 1990 Legislative Session virtually elimina�ted TIF as a
viable tool for most cities. One of the `sore spots' which led to
the restrictive amendments was the Legislative concern with the
way some cities were using economic develo.pment districts. While
some changes mostly technical, were made during the 1991 session,
TIF remains as virtually unworkable for most metropolitan area
cities. Since cities are the level of government mostly
responsible for economic development and redevelopment (which
includes but is not limited to job creation), TIF should be
restored as a workable tool. Economic development districts can
be eliminated as a tradeoff for restoration of TIF as noted in the
following.
THE AMM STRONGLY ADVOCATES THAT TIF BE RESTORED IN THE FOLLOWING
WAY:
A. THERE SHOULD BE TIF DISTRICTS FOR:
- REDEVELOPMENT
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- RENEWAL AND RENOVATION
- HOUSING
- POLLUTION CLEAN-UP
- MANUFACTURING
- SOIIS CONDITIONS
B. THE LOCAL GOVERNMENT AID (LGA) AND HOMESTEAD AGRICULTURAL
CREDIT AID (HACA) DEDUCTIONS SHOULD BE ELIMINATED.
C. THE LENGTH (TERM) OF THE REDEVELOPMENT AND HOUSING DISTRICTS
COULD BE REDUCED PROVIDED THE CITY ESTABLISHING THE DISTRICT
CAN RECEIVE THE FIRST INCRII�NT WHEN TFIL� DISTRICT' S CAPTtJRED
VALUE APPROXIMATES THE CAPTURED VALUE'AMOUNT IDENTIFIED IN THE
TIF PLAN OR DEVELOPMENT AGREII��NT.
D. A MANUFACTURING DISTRICT SHOULD HAVE A 12-YEAR TERM AND THE
AMOUNT OF OFFICE AND RETAIL SPACE SHOULD ALSO BE INCREASED.
E. POOLING WILL BE PERMITTED FROM DISTRICTS ONLY IF THE DISTRICT
IS LOCATED IN A PROJECT AREA THAT MEETS THE CRITERIA FOR
RENEWAL AND RENOVATION DISTRICTS AND REDEVELOPMENT DISTRICTS.
F. A PORTION OF A DISTRICT'S CAPTI7RED VALUE CAN BE USED TO
PROVIDE AFFORDABLE HOUSING OPPORTUNITIES WITHIN THE CITY THE
DISTRICT IS LOCATED IF THE CITY HAS A LACK OF AFFORDABLE
HOUSING.
G. A REDEVELOPMENT OR RENEWAL DISTRICT CAN BE REDESIGNATED A
POLLUTION DISTRICT IF POLLUTION REQUIRING SIGNIFICANT CLEAN-UP
COSTS ARE FOUND IN THE DISTRICT.
B-4 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE.
There have been previous legislative initiatives which would have
the effect of forcing cities to have a combined, single
development authority for housing and economic development and
redevelopment activities. The proponents argue that the intent of
such legislation is not to restrict local development activities
but to help assure coordination and cooperation at the local
level. We believe cities ought to have the maximum flexibility in
determining which type or types of local agencies are the most
appropriate to meet the desires and unique needs of different
cities. There is a possibility that a bill similar to the previous
bill will be introduced again.
THE AMM SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A
SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL.
IF THE LEGISLATURE BELIEVES THAT IT IS IN THE `PUBLIC INTEREST' TO
HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE
INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION
SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES NOT
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CHOOSE SUCH OPTION. THE AMM AISO SUPPORTS ENABLING LEGISLATION TO
ALLOW CITIES TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT
AUTHORITY.
B-5 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S)
Some county officials have suggested that Counties be given EDA
authority similar to Cities. A bill was introduced in the 1989
Session to grant such authority and may be introduced again.
There may be areas of the state, particularly in Greater
Minnesota, where it makes sense to do economic development
projects on a larger geographic basis such as a County. Such
rationale does not exist in the seven-county area in the ANIl�I's
judgement.
THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC
DEVELOPMENT AIITHORITY TO COUNTIES IN GREATER MINNESOTA BIIT
OP.POSES SUCIi AUTHORITY FOR COUNTIES IN THE METROPOLITAN AREA
SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY
CITIES.
B-6� DEVELOPMENT OF POLLUTED LANDS
Every Minnesota city has contaminated sites within its boundaries
that remain undeveloped and polluted� because of the number of
obstacles that prevent local government action. Among the
roadblocks are liability issues and financing of up-front costs
for clean-up. Developers are reluctant to expose themselves to
liability. Clean-up costs often exceed the value of the land°
preclu.ding incentive for pri:vate sector interven.tion. Public
sector subsidy is critical.
Recent changes in tax increment law have rendered hazardous
substance subdistricts useless in providing assistance with
clean-up costs, and Superfund dollars are not sufficient to
address the need. In addition, there is some question as to
whether Superfund assistance to clean up a site has negative
ramifications for later development.
The Legislature did pass the Land Recycling Act of 1992 which
should be of some help. The law is designed to promote the
transfer and reuse of contaminated land by offering an exemption
from liability to those who are not otherwise liable and who
voluntarily cleanup a site. The new law also provides that once a
response action is satisfactorily completed, the PCA Commissioner
will issue a certificate of completiori. The protection from
Superfund' liability will then extend to lenders and successors
and future property owners.
While this new law should help, other action is still needed to
solve this problem and remove the blighting influence these
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polluted lands have on our communities.
THE AMM SUPPORTS LEGISLATION THAT WOULD:
_ -PROVIDE A SOURCE OF FUNDING FOR A STATE-WIDE REVOLVING LOAN OR
GRANT FUND FOR ASSESSMENT AND CLEAN-UP OF CONTAMINATED SITES THAT
HAVE DEVELOPMENT POTENTIAL;
-RESTORE TAX INCREMENT FINANCING 6dITH RESPECT TO HAZARDOUS
SUBSTANCE SUBDISTRICTS;
-CREATE AND ENFORCE A DEVELOPMENT ACTION RESPONSE TIMELINE; AND
-REQUIRE THAT CONDEMNATION COMMISSIONERS CONSIDER THE COST OF
CORRECTING POLLUTION PROBLEMS IN DETERMINING THE FINAL AWARD
VALUE OF THE PROPERTY. .
B-7 BUILDING PERMIT FEE SURCHARGE
Local units of government levy a one half percent surcharge on
building permits which is paid to the State to operate the State
Building Codes and Standards Division. Until the 1991
Legislature changed the law at the request of the Governor, any
excess fees over actual operating costs were proportionately
rebated to local units to help pay for Building Officials
training and continuing education costs. Local units of
government are facing tough financial times and need every
available resource, especially that which could be considered
local money.
THE AMM RECONlr�NDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED
BUILDING PERMIT SURCHARGE FEES IN EXCESS dF STATE BUILDING CODE
DIVISION COSTS BE RETURNED TO LOCAL UNITS OF GOVERNMENT.
III-C LAND USE PLANNING
Land use regulation by cities in the Metropolitan Area has been
governed by the Municipal Planning Act (MS 462) and the
Metropolitan Land Planning Act (MS 473). While not a perfect
framework, these acts have worked well for the vast majority of
cities in the metropolitan area. Land use control is more than
just one of the many powers exercised by cities and occupies a
significant part of the work of city councils and their staff.
It has a significant impact on other community regulations, tax
base, economic development and redevelopment. It is a driving
force for creating service needs. Land use regulation is the
common thread which runs through most of a city's functions and
- operations.
� Proposed legislation, ,which would have superceded existing law
and created a uniform land planning law for cities, towns and
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counties was intraduced in the 198'7 through 1990 legislative
sessions under the sponsorship of the Governor's Advisory
Committee on 5tate-Local Relations (ACSLRj. The AMM
successful.ly opposed those proposals because they would have
diluted the authority of local elected o�ficials; established a
new legal framework which could have rendered moot much of the
exa,sting case law and existing codes and ordinances; created
confZict with some pravisions af the metrapolitan I.and planning
act; and reduced �he flexibility and discretian of local
of�'icials to manage develapment withira cities.
A special AMNI task force worked for over two years in developing a
compramise proposal which would b� beneficial to metra cities as
well as to the counties, townships and ou�sta�e cities. The task
force's wark was campleted in iate 1991 and a bill was introduced
in the 1992 session which embadied the task farce's work.
Z`F� A1�'II�f WILL SUPPORT A UNIFORM LAND PLANNING ACT THAT IS
CONSISTENT WITH THE PROVISIONS OF THE COMPROMISE PROPOSAL
DEVELC}PED BY T�IE AMM LANI} USE PLANNING TASR FURCE. THE REY
PRINCIPLES WHICH MUST SE CONTAINED IN A NEW LAW ARE AS FOLLOWS:
A.
B.
C.
THE I,EGISLATION MUST NOT CONFLICT WITH THE METROPOLITAN LAND
PLANNING ACT, AND
THE AUTHORITY OF LOCAL ELECTED OFFTCIALS TO MAKE I,AND USE
DECISIONS MUST N4T BE REDUCED FROM EXISTING.LAW, AND
THE FLEXIBILITY IN MANAGING LAND USE PLANNING AT THE LQCAL
LEVEL MUST NOT BE REDUCED, FROM EXISTING LAW; AND
I}. SU�'FICIENT TIME MUST BE GRANTED IN IMPLEMENTING TIiE REVISED
LAW TO MINIMIZE THE CQSTS TO CITIES OF UPDATING LOCAL CODES
AND ORDINANCES.
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IV
METROPOLITAN AGENCIES
IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES
Many challenges AMM cities face in the 1990s are beyond the
financial and staff resources of a single city. Therefore, it is
recognized by the AMNI that when such questions arise, it is in the
organization's interest that all concerned units of government
cooperate and work together in reaching solutions.
' There are a few issues which because of their complexity or cost
encompass the concerns of the entire metropolitan area. The
� region may need to deal with these issues through a metropolitan
� governance system. The ANII+�! strongly believes that this system must
, act in cooperation with local governing bodies. The theme of this
• effort is that the metropolitan agencies and local government
officials are partners, with each respecting the roles of the
; other when addressing metropolitan wide problems and issues.
.
IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
The diversity and political differences in our metropolitan area
results in the need for a regional service delivery system to
provide certain services or portions of services to most
effectively and efficiently address the needs of the residents.
There is also a need for planning on a metropolitan basis which
, must be done in cooperation with local government.
THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AFFIRMS IT SUPPORT
FOR THE CONCEPT OF A METROPOLITAN GOVERNANCE SYSTEM WHEN
APPROPRIATE. THE PRIMARY AND PREDOMINATE PURPOSES OF THE
' METROPOLITAN GOVERNANCE SYSTEM SHOULD BE TO FACILITATE THE
COORDINATED PLANNING AND DEVELOPMENT OF THE METROPOLITAN ARE1�; TO
PROVIDE REGION-WIDE SERVICES, WITHOUT DUPLICATING THOSE PROVIDED
• BY LOCAL GOVERNMENT, THAT ARE BEYOND THL CAPABILITIES OF LOCAL
• GOVERNMENTAL IINITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO
PROVIDE REGION-WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION
OF AFFECTED LOCAL GO�i�ERNMENT UNITS AND TO FULFILL OTHER SPECIFIC
RESPONSIBILITIES AS DELEGATED BY THE STATE AND FEDERAL
. GOVERNMENTS .
` IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS
' Any efforts by Metropolitan Agencies to expand their powers or
authority must be carefully considered and limited in focus
with in-depth review by all those impacted by the proposed
changes.
THE LEGISLATURE, WHEN GRANTING THE METROPOLITAN AGENCIES
ADDITIONAL AUTHORITY, SHOULD CAREFULLY STATE THE SPECIFIC
i AUTHORITY BEING GRANTED.
i ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED
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�
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r'�
ONLY WHEN AT LEAST ONE OF THE FOLIAWING CONDITIONS EXIST:
-THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED
AND IT CAN BE DEMONSTRATED THAT IT CANNOT OR IS NOT BEING
EFFECTIVELY OR EFFICIENTLY PROVIDED THROUGH EXISTING GENERAL
PURPOSE UNITS OF GOVERNMENT;
-INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE
REGION'S INVESTMENT IN AN EXISTING METROPOLITAN SYSTEM.
IV-C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF
METROPOLITAN SERVICES AND PROGRAMS.
The Metropolitan Council was created by the Legislature in 1967 to
coordinate "the planning and development" of the Metropolitan
Area. The Council was mostly advisory, but was given
responsibility for regional policy development and coordination in
the areas of wastewater treatment and disposal, land
transportation and airports. The Council was given limited
approval authority for development proposals which were of
metropolitan (regional) significance. The Council was not given
direct operational authority and instead the Legislature created
two new Metropolitan Commissions (MWCC and MTC) and restructured
the MAC to operate and provide regional services. The�Metropolitan
Council's responsibility has expanded subsequently to include
regional parks and open sgace, solid waste, approval authority
for controlled access highways and for certain elements
(airports, transportation, parks and open space, and sewers) of
local comprehensive plans.
C-1 POLICY PLANNING - POLICY IMPLEMENTATION
The historic legislative intent concerning separation of
responsibility for metropolitan policy planning and policy
implementation should be continued.
THE METROPOLITAN COUNCIL MUST BE A PI�NNING AND COORDINATING
BODY. REGIONAL POLICY AND PROGRAMS SHOULD BE IMPLEMENTED AND/OR
OPERATED BY EXISTING METROPOLITAN OPERATING AGENCIES AND/OR
GENERAL PURPOSE UNITS OF LOCAL GOVERP]MENT WHEN PRACTICAL. NEW
METROPOLITAN OPERATING AGENCIES OR COMMISSIONS SHOULD ONLY BE
CREATED WHEN THE SERVICE OR FUNCTION TO BE PROVIDED HAS BEEN SHOWN
TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT COULD BE 1KORE
EFFECTIVELY PROVIDED THROUGH A NEW STRUCTURE RATHER TI�AN THE
EXISTING STRUCTURES. -
C-2 FUNDING FOR REGIONALLY PROVIDED SERVICES
The Metropolitan Council and the Metropolitan Agencies funding has
changed over time and�is a mixture of property taxes, user fees
and federal and state revenues. Occasionally there has been some
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�
� discussion to replace these multiple sources with a single new
revenue source.
THE AMM BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE
" ' REGIONAL AGENCIES AND ACTIVITIES BY THE EXISTING COMBINATION OF
. USER FEES, PROPERTY TAXES, STATE AND FEDERAL GRANTS. THE AMM
. BELIEVES THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY
THE `PAYERS' AND TFIIItEFORE OPPOSES THE IMPOSITION OF A SINGLE NEW
a REVENiJ� SOURCE TO REPLACE THE PRESENT FUNDING SOURCES.
C-3 REGIONAL TAX RATES AND USER FEES
The Legislature controls the tax levies of the Metropolitan
Council and the other Metropolitan Agencies. We believe it should
continue to do so. User fees are generally controlled by the
Metropolitan Agency collecting the fees (MWCC, MTC and MAC). The
setting of user fees and the process for setting fees has
generally not been considered a problem by local officials except
for isolated cases. The ANII�! believes that:
, USER FEES FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE
� LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY
, PROVIDING THE SERVICE. ALL FEES SHOULD BE REVIEWED BY THE
� METROPOLITAN COUNCIL ON A PERIODIC•BASIS TO ENSURE THAT SUCH FEES
. ARE CONSISTENT WITH REGIONAL SYSTEM PLANS AND GOAIS. AN OPEN
VISIBLE PROCESS/PROCEDURE SHOULD BE EMPLOYED FOR USER FEE C%IANGES
UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES �
+ NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE
CHANGES. '
IV-D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION
i
Planning is an ongoing process, and several precepts should be
' kept in mind by Local Units of Government, Metropolitan Agencies
and the State as this metropolitan planning process continues.
METROPOLITAN SYSTEM PLANS MUST CONTINUE TO BE SUFFICIENTLY
SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW
FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING.
THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS
(TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN
SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE
IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND
COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING.
_ ' LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL
PLANNING PROCESS ON AN ONGOING BASIS.
' DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS
SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA
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WIDE PROBLEM OR CONCERN THAT CAN BEST BE ADDRESSED THROIIGH A
REGIONAL SYSTEM DESIGNATION.
IV-E COMBINED SEWERS - SEPARATION
The three communities of Minneapolis, St. Paul and South St. Paul
still have some combined waste water and storm water sewers which
create overflows of untreated waste water in the Mississippi River
during heavy rains and storm water runoff periods. These cities
have over many years been progressing with sewer separation
projects paid for primarily through local tax levies. The Federal
and State governments are pressing the issue of ineeting certain
water quality standards in the Mississippi River which apparently
cannot be done until separation is complete. The state has
provided additional funding since the 1985 Legislative session to
help pay for the speed up. For the first five years of the
program Federal funds were also available to assist in the
program. Since 1990, however, there have been no Federal funds.
IT HAS BEEN AMM POLICY THAT IF THE STATE GOVERNMENT CONTINUES TO
PURSUE THE ACCELERATED COMBINED SEWER SEP�TION PROGRAM IN THE
THI2EE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE
THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER
COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT. THE
PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY.
AS THE CSO ISSUE HAS SIGNIFICANT IMPLICATIONS, •BOTH FOR STATE
FINANCES AND FOR DEVELOPMENT IN THE METROPOLITAN AREA, THL AMM
REQIIESTS THAT ITS BOARD OF DIRECTORS HAVE THE OPPORTUNITY TO
REVIEW AND COMr�NT ON ANY SIGNIFICANT CHANGE IN THE FINANCING OR
IMPLEMENTATION PLANS FOR THE SEPARATION PROJECT.
SINCE PART OF THE REASON FOR THE ACCELERATED PROGRAM IS TO MEET
FEDERAL STANDARDS, AMM SUPPORTS THE CONSIDERATION OF THE
ESTABLISHMENT OF A CSO FUNDING PROGRAM AND THE ADDRESSING OF THE
MOST EFFICIEN'P MANNER AND REGULATORY FRAMEWORK WHEN THE CONGRESS
CONSIDERS THE REAUTHORIZATION OF THE FEDERAL CLEAN WATER ACT.
IV-F METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS
The Metropolitan Council has an annual budget over 15 million
dollars and its programs impact the two million plus people living
in the metropolitan area. The budget document should convey
sufficient information so that the residents can determine what
`product' is being produced and how much the `product' costs and _
the benefits. The budget process should commence early enough in
the annual adoption cycle so that the residents can provide
meaningful input as to goals and priorities. '-
F-1 BUDGET DETAIL AND SPECIFICITY
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The annual budget and work program document has been improved in
recent years and contains more detail and specificity which
enables public interest groups to make more reasoned
' recommendations but further improvements can be made.
MANDATED OR NON-DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES
, SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY
BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR
STATE GRANT SIiOULD ALSO BE IDENTIFIED. INFORMATION SHOULD
. CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS, EXPENDITURES AND
PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES.
F-2 RELIANCE ON PROPERTY TAXES
, There is a trend of increased reliance on the property tax to
• support Council activities. Federal grants formerly funded about
two/thirds of the Council Budget and the local property tax about
� one/third. The federal portion has now shrunk to about 20 percent
� and the property tax has increased to over 60 percent.
THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS
FORMERLY FUNDED BY FEDERAL GRANTS OR NON-LOCAL FUNDS TO DETERMINE
, IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS
ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST
ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH
' SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE
, STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH
NEED TO BE EXAMINED INCLUDE SOLID WASTE, HEALTH CARE, HIIMAN
SERVICES PLANNING, ETC.
F-3 PROGR2IM EVALUATION
The Council usually levies the maximum or close to the maximum tax
levy allowed. It is difficult for `outsiders' to determine if
; internal evaluation is being performed to ascertain the
effectiveness or necessity of council programs or if they are
' being continued because `they have always been done.'
� THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD
MEET FOUR TESTS:
-THE ISSIIE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL
BEING OF THE REGION.
-COUNCIL INTERVENTION OR ACTIVITY WILL PRODUCE A POSITIVE RESULT.
-COIINCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A
SUBSTITUTE FOR A STATE LEVEL PROGF2AM OR EFFORT OR WHAT SHOULD BE A
STATE LEVEL ACTIVITY.
-COIINCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM
ACTIVITY.
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� 9
IV-G METRQPOLITAN PARK AND OPEN SPACE F'UNDING
The Legislature established the Metropalitan Parks and Qpen Space
System in 1974 and provided state/regional fiscal support for the
acquisition and develapment af the Parks System and provided a
paymant in lieu of taxes ta local units of gavernment on a
decreasing basis for land removed fram the tax rolls. Since the
establishment of the system, the State and the Metropolitan area
have failed to es�ablish a permanent par�ner�hip relative ta the
status of the Regional Park System both within the region and�
state. Failure to clearly define the role of regional parks has
led ta long term inst�ability relative to the acquisition and
development o� regional parks and created significant funding
concerns for implementing agencies as they relate to the operation
and maintenance af thase regional facilities,
G-1 OPERATION AND MAINTENANCE FUNDING
Regional parks within the Metropolitan area provide the same basic
funetion as state parks provide in Greater Minnesata. The State.
has cansistently refused to acknowledge thi� situation and has
never provided an adequate amount of funding for the operation and
maintenance of regional parks while covering 100 percent of the
cost of state parks in Greater Minnesata.
AMM RECOMi�NDS THAT THE STATE OF MINNESOTA RECOGNIZE THE ROLE OF
REGIONAL PARKS WITHIN TiiE METROP4LITAN AREA AND PROVIDE
APPROPRTATE FUNDING TO IMPLEMENTING AGENCIES TO ASSIST THEM IN THE
OPERATIQN AND MAINTENANCE OF TFIE REGiONAL PARRS ANI3 OPEN SPACE
SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE
FUNDING TO C?PERATE AND MAINTAIN THESE FACILITTES.
G-2 REGIONAL $ONDING FOR REGIONAL PARKS
The Legislature far the pa�t several years has provided less than
25 percent oi the �'unding requested for acquisitian and
development by the Metropolitan Council and the MPOSC on an annual
basis. To allaw iar the orderly and planned development schedule
far the regional parks and open space system, the Metropolitan
Council is considering to use previausly granted authority and
issue regional bonds to make up part oi the shortage.
TFIE AMM BELIEVES THIS ACTION CREATES A DANGERQUS PRECEDENT AND
COULD TAKE THE `STATE OFF THE HOOR' IN FUTURE APPROPRIATION
CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARL ESSENTTALLY
A SIIBSTITUTE FdR STATE PARRS IN THE METRO AREA AND SHt}IILD BE
FUNDED ACCORDINGLY. IN E3SENCE, METRO AREA TAXPAYERS WILL BE
PAYING TWICE AND THIS IS NOT EQUITABLE. Ti�E AMM URGES THE
METROPOLITAN COUNCIL TO REDOIIBLE ITS EFFORTS TO OBTAIN AN
EQUITABLE S�iAR� OF STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND
OPEN SPACE SYSTEMS.
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Y
IV-H WATER RESOURCE MANAGEMENT
F'
The AMM recognizes that water'"is a critical resource for this
metropolitan area and it is necessary to plan and manage this
resource to assure adequate supply, safeguard the public health,
provide recreational opportunities and enhance economic
opportunities. Many levels of government•have a vested interest
in protecting and managing water resources in an environmentally
and economically sound manner. Since many levels of government
are involved in water management, it is in the public interest to
clearly delineate each level's responsibility to prevent
duplication, overlap, and conflicting requirements. This
delineation is particularly important to cities since they are
the level that ultimately has the most "hands on" responsibility.
The aspects of water resources which have received the most
attention in recent years are surface water runoff, groundwater
quality, water supply and water recharge areas (wetlands). There
is an interrelationship among all of these systems and there is
need for coordination in managing them effectively. The AMM
believes that local units of government should retain the basic
responsibility for water resources management because they are the
level closest to the problems. However, local units need the
financial resources, tools and technical expertise to implement
this responsibility and may need to look to the state and metro
for financial support and technical assistance.
H-1 WATER SUPPLY
Some measures of water conservation need to be considered for both
the short and long term. The AMM acknowledges that extended
periods of drought could alter the quality and quantity of this
necessary element of life. The ANII�I believes that most local units
of government do a good job of dealing with surface and
groundwater management issues and as such should retain the �asic
responsibility for water supply management. They could do even a
better job if they had a better data base. The ANII�! believes that
the Metropolitan Council has a legitimate interest in assuring a
good supply of clean potable water for the metropolitan area and
recommends that it develop a regional water supply plan to provide
a framework for local water supply planning.
THE AMM SUPPORTS THE DEVELOPMENT OF A REGIONAL WATER SUPPLY PLAN
AND DATA BASE BY THE METROPOLITAN COUNCIL. THE REGIONAL PI�N AND
DATA BASE COULD BE U�SED AS A GUIDE AND RESOURCE BY CITIES. CITIES
SHOIILD PREPARE A WATER SUPPLY PLAN AS AN ELEMENT OF A CITY'S
COMPREHENSIVE PLAN. A LOCAL WATER SUPPLY PLAN SHOULD CONTAIN THE
FOLLOWING ELEMENTS: 1. DESCRIPTION OF EXISTING/NEW SYSTEMS; 2.
OBJECTIVES, POLICIES AND STANDARDS; 3. CONSERVATION AND
EMERGENCY WATER SUPPLY AND 6. PROBLEMS AND POSSIBLE SOLUTIONS.
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�rr r " "V,
THE PI,ANS WOULD BE COMPLETED TWO•YEARS AFTER COMPLETION OF THE
COUNCIL'S COMPREHENSIVE REGIONAL PLAN AND LOCAL PLAN CONTENT
GUIDELINES AND WOULD BE SUBMITTED TO THE COUNCIL FOR REVIEW AND
CONII��NT BUT ' NOT APPROVAL .
THE AMM BELIEVES FUNDING FOR THE METROPOLITAN COUNCIL'S REGIONAL
PLAN COIILD COME FROM THE COUNCIL'S INTERNAL OPERATING FUNDS OR
THROUGH A DIRECT APPROPRIATION FROM A STATE SOURCE.
THE AMM BELIEVES THAT STATE AGENCIES SHOULD BE SENSITIVE TO LOCAL
AND REGIONAL WATER SIIPPLY PLANS WHEN DEVELOPING REGULATIONS THAT
WOULD DIRECTLY OR INDIRECTLY AFFECT WATER SUPPLY FOR THE
METROPOLITAN AREA.
REGULATIONS SHOULD NOT ADD TO LOCAL COSTS AND WHENEVER POSSIBLE
SHOULD REDUCE AND/OR MINIMIZE TIME CONSUMING DELAYS AND
DUPLICATIVE REVIEWS. A STUDY OF A POTENTIAL SUDDEN RELEASE OF
NOXIOUS MATERIAIS INTO THE MISSISSIPPI RIVER THAT COULD NEGATIVELY
IMPACT THE WATER SUPPLY OF THOSE CITIES WHO DEPEND ON THE
MISSISSIPPI FOR WATER SUPPLY SHOULD BE CONDIICTED BY THE MOST
APPROPRIATE STATE OR METROPOLITAN AGENCY.
H-2 SURFACE AND GROUNDWATER WATER MANAGEMENT
The ANIl�! supports as a given that no one has the right to pollute
either ground or surface water resources and in order to safeguard
the public health and environment, it is necessary to preserve
our water resources as critical state resources. Most Water
Management organizations (WMO) and local units of government 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 creating
a new system or a new organization, but they need the financial
resources and tools to meet this responsibility.
The AMNI supports the overall thrust
surface and groundwater management
that major changes to existing
metropolitan area.
of current law pertaining to
issues and does not believe
law are necessary for the
WHILE MA.70R CHANGE IN STATE STATUTE IS NOT NEEDED, THERE ARL� SOME
CONCERNS WHICH SHOULD BE ADDRESSED:
-THE METROPOLITAN COUNCIL SHOULD COMPLETE ITS RESPONSIBILITIES AS
DEFINED IN MS 473.157 SO THAT WMO'S AND CITIES CAN FULFILL THEIR
SURFACE WATER MANAGEI��NT RESPONSIBILITIES.
-THE BOARD OF WATER AND SOIL RESOURCES (BWSR) SHOULD BE EXPANDED
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TO INCLUDE SOME METROPOLITAN AREA CITY OFFICIAIS.
-WMO'S AND CITIES SHOULD COMPLETE THEIR RESPONSIBILITIES FOR
SURFACE WATER MANAGEN�NT PI,,ANNING AS DEFINED IN MS 103 B. 225-235
AS SOON AS POSSIBLE TO ADDRESS THE WATER QUALITY ISSUES PLAGUING
THE'MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS.
-LOCAL UNITS OF GOVERNMENT IN OUTSTATE MINNESOTA SHOULD COMPLY
WITH THE SAME STANDARDS AND REQUIREMENTS FOR SURFACE WATER
MANAGII��NT AS THOSE IMPOSED ON LOCAL UNITS WITHIN THE METROPOLITAN
AREA.
IF ANY LEGISLATION IS CONSIDERED FOR WATER MANAGII��N`� IT SHOULD BE
BASED ON THE FOLLOWING PRINCIPLES:
-THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY
ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY
LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOIILD BE VIEWED AS
THE PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN
PROVIDING FIINDS FOR CAPITAL PROJECTS RELATED TO STORM WATER
RUNOFF. � �
-LOCAL UNITS OF GOVERNMENT SHOULD RETAIN THE BASIC RESPONSIBILITY
FOR SIIRFACE AND GROIINDWATER MANAGEMENT AS THEY ARE THE LEVEL
CLOSEST TO THE PROBLEM.
-BWSR SHOULD REMAIN THE APPROVAL AGENCY FOR SURFACE WATER
MANAGEA�NT PLANS.
H-3 WETLANDS CONSERVATION
Passage of the 1991 Wetlands Conservation Act was a step forward
in sound environmental land management and natural resources
protection. However, experience gained by administrations of the
interim program and in the rule drafting process, indicates a
need for additional legislative action.
THE AMM SUPPORTS THE FOLLOWING LEGISLATIVE INITIATIVES:
- REMOVAL OF 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, AND LIMITATION
ON COST RECOVERY LESS THAN ACTUAL EXPENSES MEANS THAT THE GENERAL
TAXPAYER IS SIIBSIDIZING THE PROPONENT OF AN,ACTIVITY WHICH BY
DEFINITION IS POTENTIALLY ADVERSE TO THE ENVIRONMENT.
- CLARIFICATION THAT THE TECHNICAL REVIEW PANEL CONTEMPLATED UNDER
THE LAW IS ADVISORY TO THE LOCAL GOVERNMENT UNIT ADMINISTERING THE
ACT AND NOT THE SOLE DETERMINANT OF QUESTIONS REGARDING TYPING,
DELINEATION, PUBLIC VALUES, AND THE ADEQUACY OF REPLACEMENT PLANS.
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- FURTHER AMENDMENTS STREAMLINING THE GOVERNMENTAL OVERSIGHT
PROCESS SO I�NDOWNERS CAN CLEARLY UNDERSTAND WHICH GOVERNMENTAL
UNIT NEEDS TO REVIEW A PROPOSAL, AND REFINEMENTS TO THE SYSTEM TO
ENSURE EXPEDITED REVIEWS OF PROPOSALS CONSISTENT WITH THE
ENVIRONMENTAL GOAIS OF THE PROGRAM.
- A PROVISION FOR STATE �DEFENSE AND INDENIlIIFICATION OF LOCAL
GOVERNMENTS ADMINISTERING STATE LAWS FOR ANY "TARING" CLAIMS WHICH
PROPERTY OWNERS MIGHT ALLEGE.
H-4 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM
A bill was introduced in the 1992 session which would have
changed the methodology for allocating the costs of the
metropolitan wastewater collection and treatment system. The
alleged intent of the bill was to slowdown and reverse the decay
and blight which has and is occurring in some of the older,
developed parts of this metropolitan area. The ANII�! is concerned
with the problem but does not believe that changing the way the
metropolitan sewer system is financed has any relevance with
respect to the problems identified and opposed the before
mentioned bill. The bill as eventually passed mandated a study of
the treatment systems costs and how the cost would have been
allocated if the bill had passed. The study is being paid for by
the MWCC out of user charges. The AP�II�'! was part of a major study
effort in 1985, that resulted in the uniform cost system that is
currently in place for the metropolitan sewer system.
THE METROPOLITAN WASTEWATER COLLECTION AND TREATMENT SYSTEM HAS
BEEN A MAJOR COMPONENT OF AN INTERGRATED LOCAL-REGIONAL SYSTEM
WHICH HAS HELPED IMPROVE THE QUALITY OF THE WATER IN MANY OF THE
MAJOR WATER RESOURCES OF THIS AREA SUCH AS LAKE MINNETONRA, THE
MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS, WHITE BEAR LARE, ETC.
IT IS IMPORTANT THAT CFIANGE NOT BE MADE TO THIS REGIONAL SYSTEM
THAT COIILD LEAD TO ITS BREARUP OR TO A DIMISIiMENT OF ITS
EFFECTIVENESS. SINCE ALL `USERS' BENEFIT EQUALLY THI2OIIGHOiIT THE
SYSTEM THE REGIONAL RATES SHOULD BE UNIFORM THROUGHOUT THE SYSTEM
AND A SUB-REGIONAL SYSTEM OF ALLOCATING THE REGIONAL SYSTIIK COSTS
SHOULD NOT BE REINSTITUTED.
H-5 WATER TESTING CONNECTION FEE
The States' Safe Drinking Water Act contains a per hook up fee of
$5.21 passed in Laws of Minnesota 1992, Chapter 513, Article 6,
Section 2 which is to be used to pay for water supply testing as
mandated by Federal Law. This per user fee creates an inequitable
and unfair service fee compared to testing cost for large
communities with only a few supply points that need testing. In
addition, there are many non-community and private water supply
users such as trailor courts being tested which are not paying the
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connection fee imposed by the Department of Health. This fee
should be re-examined by the legislature and the law changed so
that each community and user pays only its fair share. This may
necessitate the state to provide some financial assistance to
- smaller communities with multiple supply sources.
THE AMM REQUESTS THE LEGISLATURE TO CHANGE THE'WATER SUPPLY
- TESTING CONNECTION FEE TO BE FAIR AND EQUITABLE AND TO REFLECT THE
ACTIIAL COST OF SIIPPLY TESTING WITHIN THE COMMIINITY. ALSO,
NON COMMUNITY AND PRIVATE SYSTEMS SHOULD PAY ALL OR PART OF THEIR
TESTING COST.
IV-I WASTE STREAM MANAGEMENT
The problem of managing the waste stream (for all types of waste)
is and will continue to be one of the major social
environmental problems during this decade. We are rapidly
running out of space (capacity for land disposal) in the
metropolitan area and there are no general disposal facilities in
this state for Hazardous Waste. We are also learning that for
many materials incineration may not be a good environmental
alternative to landfill disposal.
The existing waste management system centralizes responsibility at
the state level for hazardous waste but requires the cooperation
and support of all levels of government and the private sector.
The solid waste system for the metropolitan area is essentially a
three-tiered system: cities control and regulate collection;
counties are responsible for `siting' new landfills, developing
abatement plans, developing processing facilities and regulating
existing landfills; and the Metropolitan Council provides grants
and has regional planning and coordinating responsibilities. The
systems were intended to foster and encourage abatement, recycling
and resource recovery for as much of the waste stream as possible
and then to assure environmentally sound disposal for the
remaining waste. In spite of a great deal of cooperation and
coordination among and between the various levels and units of
government and the private sector, some major problems appear on
the horizon.
Much has been accomplished during the past decade in improving the
waste stream management system. Much remains to be done and any
future legislation should take into account the following
precepts. � .
I-1 INTEGRATED WASTE STREAM PLANNING
The disposal of solid waste is a multifaceted problem which will
require the cooperation and participation of all levels of
- government and the private sector to effectively develop a solid
waste system which is cost effective and environmentally sound.
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��-'� 'i 1%���
, s+l. �
� y.�
To achieve such a system, all elements of the waste management
hierarchy (reduction, reuse, recycling, composting, incineration,
landfilling) must be utilized. In the area of packaging, the
system should make the distinction between transport packaging,
primary or necessary packaging and secondary or excess packaging.
Further, it must be realized that an effective "system" begins
before materials become "waste" and, as such, a comprehensive view
of the entire life cycle of products is needed in order to
succeed.
-THE AMM ENDORSES THE CONCEPT THAT THE "GENERATORS" OF WASTE MUST
BEAR THE RESPONSIBILITY FOR FIINDING ITS DISPOSAL. "GENERATOR"
INCLUDES THE MANUFACTURERS OF PRODUCTS WHICH BECOME WASTE, THE
SELLERS OF PRODUCTS WHICH BECOME WASTE AND THE CONSUMER OF
PRODUCTS WHICH BECOME WASTE.
-THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE
FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING
INVOLVED IN OVERALL WASTE STREAM NlANAGEMENT. THIS MEANS THAT
GOVERNMENT'S INTEREST BEGINS BEFORE MATERIAIS BECOME "WASTE."
-THE 111�i ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES
REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND
LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A
MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY
ONE ELII��NT.
-THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF
REDUCTION, REUSE AND RECYCLING BY ALL LEVEIS OF GOVERNMENT.
+THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN
EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE,
COMPOST, REUSE AND REDUCE WASTE GENERATION.
+LEGISLATION SHOULD BE INITIATED TO REQUIRE PACKAGING TO MEET
RECYCLED CONTENT STANDARDS AND/OR RECYLABILITY, DEFINED AS
RECOVERY RATES, STANDARDS.
+ESTABLISH STATE REGULATIONS WHICH ENCOURAGES BEVERAGE AND FOOD
RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR
REUSABLE AND RETURNABLE CONTAINERS.
+LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE,
DISTRIBUTION, AND DISPOSAL OF NON-RECYCLABLE, NON-RETURNABLE, AND
NON DEGRADABLE PACKAGING MATERIALS. FEES OR DEPOSITS ON THESE "
ITEMS SHOULD BE CONSIDERED. THE CONCEPT OF ABSOLUTE RETURNABILITY
TO THE POINT OF SALE SHOULD BE INVESTIGATED AND IMPLEMENTED.
-THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL
INITIATIVES IN WASTE STREAM MANAGEr�NT UNLESS AN OVERALL STATE OR
METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE
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s� Go� oR osJEc�r�vE .
-Z"HE AMM SUPPURTS COMPC}STING AS �A � TECHNIQUE FOR i2EUSE OF
YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE
STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS
AND REF(TSE HAULERS NEED TCi BE II�iEDIATELY PROVIDED WITH CONVENIENT
LOCATIONS TO DEPOSIT BRUSH AND (JTHER YARDWASTES FOR PROCESSING.
COi;fNTIES WITH ASSiSTANCE FROI�I TfiE STATE QR METROPOLITAN COUNCIL
S80IILD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSTING
FACILITIES AND MUST NOT DELEGATE TIiIS RESPONSIBILITY TQ CITIES
WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY
BE NEEDED IN THE EXISTING OVERIDE PROCESS TO ENABLE CODNTIES TO
SSTE TF�SE TYPES OF FACILITTES.
I-2 HAZARDOUS AND I}ANGEROUS WASTE �±[ANAGE;MENT
The improper disposal of hazardau� wastes, through l.andfilling or
incineration, poses a majar risk af water and air pollution. Much
has been done to monitor the generation and proper disposal of
hazardaus waste by business and industry, and the�e e�'farts shauld
cantinue. However, the reduction, ,control and proper disposal of
household hazardous wastes is a signi�icant concern which needs to
be addressed.
(A.) HOUSEHOLD HAZARDOUS WASTE.
�'HE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO �'HE REDUCTIC}N
AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDTNG:
-PERMANENT DROP OFF QR DISPQSAL SITES - STRATEGICALLY AND
CCINVENIENTLY LOCATED THROUGHOIIT THE STATE WHERE ALL TYPES OF
HOUSEHOLD HAZARDQIIS WASTES CAN BE TAKEN FOR PROPER HANDLING,
PROCES�ING, OR DISPOSAL.
-EDUCATIONAL AND POINT-OF-SALE INFORMATION FOR CONSUMERS NOTTFYING
T�IEM OF THE HAZARi30US NATURE OF CERTAIN PRt}DUCTS AND THE
IMPORTANCE OF PROPER HANDLING.
-INVOLVEMENT QF TfIE GENERATORS (RETAIZ.ERS} IN TIiE MANAGEMENT
SYSTEM FQR HOIISEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER
HANDLING AND PROCESSING. �
-INFORMATION TO CONSUMERS ALERTIN� THEM Tti NCiN-HAZARDOUS
SUBSTITIITES FOR HAZARDOUS HOUSEHOLD PRODUCTS.
-ENCOvfI2�GEMENT WFIICH COULD INCLUDE INCE;NTIVES TO I�iANUFAC'TQRES TO
PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP
PRI4RITY QF TIiE fiC3USEIiQLD HAZARDOUS WASTE MANAGEiJ1]L�NT SYSTEM IS TO
REDUCE THE AMOUNT PRODUCED.
(B.j COMMERCSALjINDUSTRIAL HAZARDOUS WASTE.
R'�iE p�I SUPPORTS C4NTINOED EFFORTS AT Z`IiE STATE LEVEL TCt PRCIPERLY
MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE-USE, RECOVERY
AND RECYCLING OF AS MfJCH HAZARDOUS WASTE AS PC}SSIBLE. TFiAT WHICH
CANNOT BE RE-IISED OR REPROCESSED MUST BE DISPOSED OF IN AN
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� �., �i7 '�"' t
. :' =
ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOIILD ALSO BE
ENCOURAGED TO REDUCE THE AMOIINTP OF HAZARDOUS MATERIAIS USED IN
THEIR MANUFACTURING PROCESSES.
(C.) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL
PROBLEM. '
Re: Scrapping of automobiles, with air conditioning systems,
refrigerators, home air conditioners and bui�lding insulation
containing Ozone-Depleting Compounds.
Chlorofluorcarbons (CFC's) and Halons when discharged into the
environment deplete the earth's protective ozone layer, allowing
increased ultra-violet radiation causing such harms as skin
cancer, cataracts, supressions of the immune systems and damage to
crops and aquatic life. CFC's in a form commonly known as Freon
are widely used in air conditioning and refrigeration systems.
Fire extinguishers are the primary source of Halons released into
the earth's atmosphere. CFC's are often a propellent used in the
manufacture of foam board insulation. CFC's are a solvent in the
manufacture of electronic equipment. �
The recapturing and recycling of freon from auto air conditioning
units could eliminate approximately 20 percent of all CFC's
nationally.
AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE
DISPOSAL OF CFC'S (FREON) AND HALONS. THE AIR CONDITIONING AND
REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT/DISPOSAL
INDUSTRY MUST RECAPTURE AND RECYCLE WASTE PRODUCTS. ELIMIIJATING
CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL.
I-3 METROPOLITAN/COUNTY RESPONSIBILITIES.
As noted previously, the cities have the responsibili.ty for waste
collection including implementing and managing most recycling
type programs. The other waste stream management
responsibilities are basically split between the Metropolitan
Council and the Counties. Considerable progress has been made in
recent years in certain parts of the waste stream management
system particularly those aspects for which cities are
responsible. But several significant problems beyond the control
of cities are becoming evident including: the inability of the
counties to site needed waste facilities (landfills, transfer
stations, compost sites, etc.), fluctuating and/or lack of markets
for some recyclables, uneven funding among counties to run the low
tech systems, and the radical variance in disposal costs
throughout the metropolitan area. Some of these'problems are
urgent and significant changes may need to be made in the .waste
stream management system in the metropolitan area. Some of the
current waste stream management concerns are similar to the
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concerns which precipitated the formation of other regional
commissions.
WHILE NOT RIILING OIIT ADDRESSING THESE CONCERNS WITHIN THE
EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE
GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION.
SIICH COMMISSION SHOIILD INCLUDE LOCAL ELECTED OFFICIALS. MORE
ANALYSIS AND STIIDY IS NEEDED TO DETERMINE THE TOTAL LIST OF
FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW
PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE
GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING:
-OWNERSHIP (INCLUDING THE ASSUMPTION OF DEBT) OF THE CURRENT MA.70R
PUBLIC DISPOSAL AND PROCESSING FACILITIES.
-RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND
DISPOSAL FACILITIES.
-REGULATION OF DISPOSAL CHARGES (TIPPING/FEE) TO PROVIDE MORE
FAIRNESS AND EQUITY.
-DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS.
-DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE
METROPOLITAN COUNCIL.
-MOST OTHER FUNCTIONS PERFORMED BY THE COUNCIL EXCEPT FOR Ti�
PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC.).
-COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES.
I-4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES
Cities have certain responsibilities in helping to manage and
implement an effective solid waste management system including
recycling programs and the collection systems. The ANII�i believes
that to date cities,,utilizing a variety of collection systems,
are doing a good job of managing Local Recycling and Waste
Collection.
THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE
MANAGEr�NT SHOULD REMAIN WITH THE CITIES. THE 11NII�I BELIEVES THAT
THE SYSTEM OUGHT TO BE FLEXIBLE AND BASED ON PERFORMANCE
STANDARDS AND/OR GOAIS RATHLR THAN MANDATED TECHNIQUES. TO HELP
ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE
CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO
RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT,
RE-USE AND SOURCE SEPARATION ACTIVITIES.
I-5 FUNDING
The current funding system for'solid waste has a number of
drawbacks: It does not encourage maximum utilization of the waste
disposal hierarchy; it often gives no incentive to individual
residents to participate in recycling; it does not differentiate
between generators of `clean' waste and `problem' waste; and it
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has given no assurances that the main� sources of funding are
related to the entities incurring expenses.
-AMM BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL
METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. AISO THE
TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE
RECOGNIZED.
-AMM BELIEVES TH�T IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM
SHOULD COME FROM THE GENERATORS OF SOLID WASTE.
-AMM BELIEVES A FEE SYSTEM AT THE MANUFACTURES AND/OR RETAIL LEVEL
SHOULD BE INVESTIGATED AND THE CONCEPT OF RETURNABILITY SHOIILD BE
INVESTIGATED AND EXPANDED.
-IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF
THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE
OF WASTE IN Li�NDFILIS THAN'IN RESOURCE RECOVERY FACILITIES.
-AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL
PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH Z'fiE
COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS.
-AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE
AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING
WHILE MAKING IT CLEAR THAT EVEN RECYCLING HAS A COST.
-AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION
OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE
ALL COSTS ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT
PORTION OF THE FUNDS RAISED THROUGH THE SALES TAX SHOIILD BE
DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM
ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE
SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES.
I-6 ORGANIZED COLLECTION
Organized collection serve� as a viable and important method for
municipalities to achieve solid waste abatement. It is a type
of service agreement that allows cities proper regulatory power
over their solid waste collection system. It provides
municipalities the opportunity to choose the type of solid waste
collection that would best serve their residents.
`Just Compensation' legislation is designed to limit
municipalities regulatory power in the area of solid waste
collection. In placing•severe financial penalties on
municipalities that undertake organized collection, `Just
Compensation' legislation infringes on municipalities rights to
establish intangible service agreements for municipal services.
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-THE AMM ENDURSES THS CONCEP'r QF 4RGANIZED COLLECTICiN AS A VIABLE
METHOD FOR MUNICIPALITIES TO AS�ERT REGULATORY POWER OVER THEIR
SQLID WASTE CC}LLECTION SYSTEMS.
-THE ,i�lMM BELTEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO $E
AVAILABLE TO CITIES AS THEY CHOt3SE A TYPE OF SOLID WASTE
COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR
RESIDENTS.
-TiiE A1�+I tJPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATICIN
PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPr_EM�'N`�' A SQLID WASTE
COLLECTION SYSTEM.
I-7 HOST CITIES AND CLEANUP RESPONSIBILITIES
While solid waste facilities are components af caunty and regional
solid waste managemant systems, they must be lacated in individual
citie�. Because the number of facilities is limited, the effects
of hosting these facilities is not equally shared among cities.
Most of these ef£ects are negative - an increased likelihaad and
incidence of water, soil, air, and noise pollution; and increased
amount a�' li�ter and offensive odors; a greater likelihood of
adverse impacts an values of neighbaring properties; a need for
increased maintenance on public streets and highways; and
patential threats to public health and welfare in areas immediate
to and along access routes to these facilities. Longer=term
impacts may affect cities if the organizations responsible for
facility operations cease as finanaially viable entities.
Safeguards need ta be enacted for hast cities for the aperations
and clean up responsibilitie� associated with solid waste
facilities.
The trend within the metropolitan area has been to internali2e
present and future aosts a:E solid waste management on current
_generators o� solid waste. These casts shauld include the extra
and•adverse �inancial impacts barne by host cammunities. Cities
host these regional �acilities becau�e of accidents of geography,
Liabilities far these facilities �hould be shared acrass the
region.
-2'HE A�+IIK SIIPPORTS THE CURRENT C{}MPENSATION �� L AI�L{}WED THROUGH
SURCHARGE FEES AS A MINIMUM LEVEL; THIS CIaMPENSATION SHOULD BE
CONTINUED OR INCREASED. THIS F4RM OF COMPENSATiQN SFIOULD $E
AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES.
-THE AMM BELIEVES THE HOST COMMUNITIES SFTOULD NOT BEAR A
FINANCIAL LIABILTTY ASSOCIATED WTTH SOLID WASTE FACILITIES. COSTS
TNC'.URI:tED FOR MONITORING UPERATI4NS AND CdF:RECTIVE ACTIONS SHOULD
BE BORNE BY FACILITY QPERATORS OR, IN THE ABSENCE OF SUCH
REGULATIONS, BE ASSUMED BY THE STATE OF MINNES4TA. LEGISLATI4N
NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FRQM ANY PRESENT
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AND FIITIIRE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE
FACILITIES. LEGISLATION SHOULD I�TRTFIER ESTABLISH TA�T PROCEEDS
FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND.
-THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT
REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON
THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA.
-THE AMHI BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD
NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID
WASTE FACILITIES MAY DEPRESS PROPERTY VAI�TES WITHIN PARTS OF THE
TAXING JIIRISDICTION. OPERATORS SHOULD BE REQIIIRED TO PAY
ADDITIONAL FEES COMr�NSURATE WITH THE ADVL�RSE TAX REVENUE IMPACT
RESULTING FROM LOWER VALUES ON NEIGH$ORING PROPERTIES.
-THE AMM WILL SUPPORT MF.ASIIRES WHICH REQUIRE THAT OPERATORS OF
SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES
WHICH ARL� INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES.
-THE AMM WILL SUPPORT STATE AND FEDERAL LEGISLATION THAT
CLARIFIES THAT MUNICIPAL SOLID WASTE IS NOT A HAZARDOUS
SUBSTANCE, THAT ENABLES LOCAL GOVERNMENTS INVOLVED IN CLEANiTPS TO
HAVE THE OPPORTUNITY TO SETTLE THEIR POTENTIAL LIABILITY QUICRLY
AND SAFELY, AND THAT EMPOWERS ONLY THE STATE AND FEDERAL
GOVERNMENTS TIiE ABILITY TO ASSESS LOCAL GOVERNMENTS THEIR FAIR
SHARE OF CLEANUP COSTS. �
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V
TRANSPORTATION
AMM TR,ANSPORTATION POLICY STATEMENT
The ANII�I b�lieves that the recent passage of the Federal
Transportatian Bill (TSTEA) provides the M�tropolitan area with a
unique opportunity, to rethink Transportation, Transit and
D�velapment Plans. It is imperative that as we prepare to move
inta the next century, aur transportatian network become
multi-modal, offer flexibility, invest significantly in transit,
and be designed to manage tra£fic.
Within the last twa decades, the number of miles driven per day
has daubled. Traffic congestion is expec�ed to increase by 35� by
the year 2000, creating nearly 200 mile� of severely congested
highways. Ridership by bus, car and van pool, continue� to
decline and the Regional Transit System continues to be
inadequately funded. There is a growing awaraness that the true
cast of driving an automabile, when factoring in energy use,
pallution productivity loss due to congestion, and the resulting
cast af motor vehicle accidents, are barn by the general public at
large not solely the driving public. The majority of peak hour
traffic is workers commuting to or fram work. Achieving a balance
between workers and jobs in a qeographic area can reduce the
valume af intra-area comrnuting and baiance the directional use
of the interconnecting roads. Economic strati�ica�ion and an
aging population is creating a larger pool of �.ransit dependent
individuals. Our current transit system is not capable of
providing adequate transit services in the entire metropolitan
area. Government cannot build its way aut af congestian. Lacal
governmental units are facing funding short£alls which prevent
them from adequately maintaining the current transportation
network. �
P.�NIl++! calls upon the Legislature, MNDC}T, RTB, and the Metropolitan
Cauncil ta develop a more comprehensive transportatian program
that more elosely integrates transit and highways. }This
caordinated approach at the minimum must be designed to increase
accessibility, improve air quality, and serve the transit
dependent and handicapped. The AMM s�apports a comprehensive
transportation policy tha�;
1. Incorporates traffic xnanagement into local and regional zoning
and planning actions;
2, Encourages traffio management plans by all employers;
3. Creates a�series of incentives aimed at increasing vehicle
occupancy levels;
4. Discourages the use of development incentives for any project
that does nat contain a camprehensive traffic management
plan;
5. Studies the concept of jabs �o workers balance in the
metropolitan area; and
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• v �;
:'
6. Establishes an adequate dedicated funding source for transit.
In addition, local units of government must be provided with
adequate funding or authorizing legislation that will allow them
to maintain their current investments in the local transportation
infrastructure. The following recommended legislative proposals
are designed to meet this overall goal. .
V-A STREET AND HIGHWAY GENERAL FUNDING
An efficient transportation system is a vital element in planning
for physical, economic, and social development at the state,
regional, and local levels. Funding for current roadway
maintenance reconstruction, and construction of new streets and
highways in developing areas is a significant major element of a
competitive and safe transportation system. Due to past declining
state revenues there has been a tendency by the Legislature to
divert much needed roadway funds to state general expenditure.
This trend must be reversed, especially in light of the Federal
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).
Funding needs to be expanded to not only keep up with inflation
and modest program growth, but to provide necessary funds for
matching 80/20 projects included in the ISTEA legislation for
quality standards will have impact on future project costs.
THE AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF
FUNDS SO THAT NEEDED STREET AND HIGHWAY MAINTENANCE MAY BE
CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY
OCCUR, THE MUNICIPAL STATE AID FUND LEVEL CONTINUES�GROWTH, AND
REQUIRII��NTS OF THE FEDERAL INTERMODAL SURFACE TRANSPORTATION
EFFICIENY ACT OF 1991 (ISTEA) CAN BE MET. '
V-B METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING
Because of the large economically diverse and spreadout population
of the Twin City Metropolitan Area, it is an absolute necessity to
provide an effective and efficient public mass transit service
augmented by a variety of programs,such as Rideshare and Project
Mobility. Without a good transit system, many elderly and
handicapped persons residing in the area primarily because of
access to unique services would be almost totally immobile. The
new Federal legislation (ISTEA) has established a modern trend by
providing over 20� of its total 5 year funding for Transit and
allowing a shift of highway funds to transit on a project by
project basis. The Americans Disability Act and new air and noise
quality standards will impact both the way we do transit as well
as the cost. In order to obtain ISTEA funds and to continue
providing reasonable transportation opportunities, the legislature
must increase transit funding priority.
THE AMM REQUESTS THE LEGISLATURE TO CONSIDER THE METROPOLITAN
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TRANSIT PR�GRAMS AS HZGH PRIORITY AND FUND TFIEM SUFFiCIENTLY Ta
TAI�E FULL ADVANTAGE OF FEDERAL ISTEA FUNDING AS WELL AS MEET THE
DEMANDS OF ADA AND AIR AND NOISE STANDARDS. FUNDING ALTERNATIVES
SHOULD INCLUDE BUT NOT BE LIMITED TO THE STATE 6ENERAL FUND, MOTOR
VEHTCLE EXCISE TAX OR OTHER SALES TAX, THE FARE BOX, PROPERTY
TAX, AND SERVICE EFFICIENGIES.
C+II�;�a� � ��� '.ii �t.ii � � � � � ;�t���s� � t �J � 1 �
A Transportation Services Fund was created for minimal activities
and with minimal funding in 2991. The Legisla�ure should adopt
the recommendations of the Transportation Study Baard and
Minnesota Transportation Alliance which suggests using MVET to
fund statewide transit needs and related non highway construction
activities curren�ly funded from�the Users Fund. These ara Dept.
of Public Safety, Tourism, Ra.ver Parkway, Safety Council and
several others which are � at best guestionable gas 'tax
expenditures.
��iE AMM ENDORSES Z!fiE CC}NCEPT OF F:EMdVING NON HIGIiWAY CgNSTRUCTION
AND MATNTENANCE ACTIVITIES FROM THE STATE TRUNR HIGHWAY FUND AND
TFFE EXPANSION OF A TRANSPORTATI4N SERVICES FUND FOR THESE
ACTIVITIES.
V-D TI2ANSPORTATIC?N (HIGHWAY AND TRANSIT) �'UNDING ALTERNATIVES
The need for both iiighway and transit funding has been increasing
significantly in the pa�t several years while the resources
dedicated ar generally used for these purpases have either not
ke�at pace or been diverted for other state priorities. The new
Federal Transportation Act (ISTEA) has shifted emphasis by
providing siqni.ficant funds far Transit and aiso placed inereased
burden on �tates by increasing the local match ta 2q�. Transi�
needs in the Metrapalitan Area have become critical since in same
cases Highway expansion is physically or financially prohibitive,
therefore capacity expansion can best be solved by transit
alternatives implementation in these cases. Funding should be
multi source wa.th growth capability. Therefore, the ANII�I believes
it is time to solve the problem on a permanent basis.
THE AM1K SUPP{}RTS A COMBINED S2'RATEGY t}F GAS TAX INCREASES TC? KEEP
PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A
DEDICATED MVET OR OTHER TAX SOURCE FOR TR�NSIT FUNDING EXPANSION.
IF THE LEGISLATURE CANNOT ASSURE STATUTORY DEDICATION OF SOME
FUNDING MECHANISM THEN A CONSTITUTIONAL SOLUTION SHOULD BE
IMPLEMENTED. �
V-E HTGIiWAY AND TF;ANSZT INTEGRATIt�N PZ�ANNING
An efficient Transportation System
roadway and high quality multimodal
-55-
cansists af both high quality
transit opportunities. These
two elements must .be considered together from early planning
through implementation in Metropolitan areas. The ANIl�I understands
that to some degree this is done in planning and that transit is
considered somewhat when determining funding priorities for
highway construction. Although, there has been improvement it is
felt that more integration of highway and transit planning is
needed. '
THE AMM URGES EXISTING AGENCIES INVOLVED IN MA.TOR HIGHWAY AND
TRANSIT PLANNING AND IMPLEMENTATION TO INTEGRATE THESE ACTIVITIES
TO ENSURE AN EFFICIENT TRANSPORTATION SYSTEM. CRITERIA USED TO
DETERMINE HIGHWAY FUNDING FOR CONSTRUCTION AND EXPANSION SHOULD BE
REVIEWED AND UPDATED TO REQUIRE INCLUSION OF MULTIMODEL TRANSIT
OPPORTUNITIES AND INTEGRATED TRAFFIC M1�NAGEMENT SYSTEMS WHEN
APPROPRIATE.
V-F HIGHWAY JURISDICTIONAL REASSIGNMENT, TURNBACRS, AND FUNDING
Many commissions, boards, organizations, and now the legislatively
reconstituted Transportation Study Board have studied or are to
study the possibility of reclassifying many roadways in the state
as to appropriate use classifications and jurisdiction. This
reassignment in the metropolitan area is estimated to shift $6.1
million annually from the state and $1.2 million annually from the
counties to the cities for an increase of $7.3 million annually
for general maintenance and life cycle treatment (i.e. sealcoat,
overlays, etc.). Current state law provides that the state and/or
county may declassify a trunk highway and turn it back to a local
unit of government. The only provision is that it must be in good
condition. The unit receiving the highway does not have the
option to refuse title and must, thereafter, maintain the turned
back road. Although reassignments or turnbacks may be added to
the MSA system, there may not be enough maintenance funds for the
new mileage, and the receiving city will lose the opportunity of
new MSA road designation until its mileage allocation catches up
to the turnback mileage. Reassignment may be appropriate, but
will have a profound effect on city finances and future ability to
maintain good road systems, especially if certain criteria are not
met and finance alternatives established. Therefore, the ANII�!
offers the following as a guide to continuing discussion and
ongoing studies.
THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OR TURNBACK OF ROADS
ON A PHASED BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER
APPROPRIATE CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR
FUNDING OF ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE
CITIES DO NOT CURRENTLY HAVE THE FINANCIAL CAPACITY OTHER TH�T
SIGNIFICANT PROPERTY TAX INCREASE TO ABSORB THE ADDITIONAL ROADWAY
RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE EXISTING
MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON CONTEMPLATED
TLTRNBACKS .
-56-
V-G TRANSPORTATION UTILITY
Many cities are experiencing aging infrastructure, especially
streets which are in need of replacement but because of few
funding options continue to deteriorate. Chapter 429 bonds issued
without election require a minimum of 20 percent assessment.
However, the courts require a benefit proof that the assessment
has actually increased the property value by the assessment value.
For street replacement this is nearly impossible. Strict levy
limits have prohibited full levy for the cost but further a
general levy for full cost of street replacement might be very
unfair to non benefiting property as well as higher valued classes
of property. A general referendum to replace streets in one aging
neighborhood would undoubtedly not pass in an entire city. The
only remaining option is to legislatively establish a new funding
mechanism that creates fairness. The best model' available is a
utility district similar to one the created for stormsewers which
allows assessment annually for shared use on a volumn basis.
THE AMM REQUESTS THE LEGISLATURE TO ESTABLISH A TRANSPORTATION
UTILITY AUTHORITY FOR CITIES TO USE FOR STREET MAINTENANCE AND
RECONSTRUCTION SIMILAR TO THE EXISTING STORM SEWER UTILITY.
V-H �3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED
OFFICIALS
The transportation planning process in the Twin City Metropolitan
Area has been developed in response to a variety of federal and
state laws and regulations. The Metropolitan Council (MC) was
formally designated by the Legislature in 1974 (1974 MRA) as the
agency responsible for the administration and coordination of said
planning process. Included within this designation is the
responsibility for long range comprehensive transportation
planning commonly referred to as the '3C' process (continuous,
comprehensive, and cooperative). Federal law and regulations
required that principal elected officials of general purpose local
governments be part of the planning process. When the Legislature
designated the MC as the transportation planning agency for the
metropolitan area, it also mandated the establishment of an
"advisory body" to assist the MC, and Metropolitan Transit
Commission (MTC), and the Regional Transit Board, in carrying out
their responsibilities. This advisory body is the Transportation
Advisory Board (TAB) and contains 17 local elected officials among
its membership of about 30 officials. The Federal Intermodal
Surface Transportation Efficiency Act (ISTEA) of 1991 again
establishes the need for local elected officials in the 3C
planning process.
The current elected official participation and '3C' process has
worked reasonably well in this Metropolitan Area.
-57-
THE AMM SUPPORTS THE CONTINUATION OF THE CURRENT LOCAL ELECTED
OFFICIALS INVOLVEPiENT IN THE '3C' PROCESS THI2OUGH THE
TRANSPORTATION ADVISORY BOARD TO MEET REQUIREMENTS OF THE FEDERAL
INTERMODAL SURFACE TRANSPORTATION ACT OF 1991.
V-I PRESERVATION OF RAILROAD RIGHT-OF-WAY
Minnesota's system of railroad grades is rapidly�shifting to a
national trunk-line carrier with few branch lines as one line
after another is abandoned. Minnesota has witnessed the
abandonment of over one-half its rail system since the 1930 peak
of 9,360 miles. Two thousand miles have been abandoned in the
past 15 years.
These railroads played an impqrtant part in our transportation
history. The abandonments now represent an equally significant
opportunity for future generations. Light rail usage, vegetation
reserves of scientific interest, transmission corridors, bicycle
and snowmobile trails, access roads to remote natural resources,
future highways, pipeline corridors are just a few roles for these
abandoned grades.
Because some of the most desirable abandonments are no longer
available to the public, vigilance is needed regarding the
remaining opportunities.
THE AMM STRONGLY URGES THE LEGISLATURE TO ENSURE THAT ALL
ABANDONED RAILROAD GRADES BE EXPEDIENTLY PRESERVED UNTIL SUCH TIME
THAT THE FUT[TRE PUBLIC USE CAN BE DETERMINED.
V-J CITY SPEED LIMITS
A bill has been introduced which would grant cities the authority
to set speed limits on city roads and streets. This policy of
local authority for free standing rural or out state cities may be
feasible but could be extremely dangerous and confusing in the
metropolitan area. The seven county metropolitan area is made up
of 140 contiguous cities and a number of townships: Because of
the compactness of cities in; this area, it is often impossible to
determine when one has crossed a boundary from one city to the
next. If one city changes its limits, its neighbor would either
have to also change or post many additional signs on each street
crossing a boundary. This system would be costly, extremely
confusing to individuals, and might cause some legal problems in
case of accidents. Therefore,
THE AMM SUPPORTS SPEED LIMIT CONTROL OF
CURRENTLY PROVIDED BY LAW AND OPPOSES
SPEED LIMIT CONTROL TO INDIVIDUAL CITIES.
-58-
CITY ROADS AND STREETS AS
CHANGES TO GRANT GENERAL
;
�
0
V-R TRANSPt}RTATI{7N INCENTIVES/DISINCENTIVES
The P.� supparts the development of a camprehensive system which
will facilitate an increase in the occupancy leveZ of cars and
enhance the use of transit within the Metropolitan area. The
state legislature is encauraged ta cansider exclusian from gross
income the value of commuter transportation benefits pravided by
an employer and provide a tax deductian and tax credit for
employers who provide commutor transpartation benefits to
employees. ,
AMM SUGGESTS THE DEVEIAPMENT AND PASSAGE OF LEGISLATION THAT
INCLUDES A CONlI�+NTER TRIF REDUCTION PROGRAM AND CREATES A SERIES
OF TAX INCENTIVES AND/OR IMPACT FEES THAT ENGOURAGES MULTIPLE
OCCUPANCY R.'RANSIT USE.
V-L REGIONAL Ti2ANSTT SYSTEM
The purpase of a Transportation System is to provide mobility for
people and accessibility to and for ecanomic deve2opment and
services. The most effective sy�tem will make maximum u�e of all
transportation alternatives and strategies where they are most
appropriate, thus, creating a truly integrated system. Exclusive
reliance an only freeways is imprudent and passibly cast
prohibitive primarily due to social and economic upheaval o�
established neighborhaods for right af way acquisitian. Transit
improvements are imperative, but even with implementation a�'
various laad increasing strategies, the capacity is finite and
wi31 reach unacceptable saturation Iimits within the forseeab3�
future. The AMM supports more coordination and integration o£
Transit and Highway planning and implementation.
THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF INTEGRATED
TRAFFIC �?CANAGF�MENT SYSTE�MS AND BE INCLUDED IN ALL PZ�P►NNING
DOCUMENTS AT ALL LEVELS INCLUDING ENVIRONMENTAL IMPACT STATEMENT
STUDIES.
THE SYSTEM COMPONENTS SHOULD INCLUDE HOV I�ANES, EXPRE�S BUSES, AND
THE LIGHT RAIL TRANSIT SYSTEM WHIGH SHOULD BE BUILT WHEN IT IS
AFPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA
TO CONENECT RESTDENTS T{) JOB, RETAIL, AND C4N�iERCIAL CENTERS.
�'iiE SYSTEM SHt�ULD A%�SO INCLUDE A VARTETY OF TRANSIT MQDES,
INCLUDTNG A TAXI SYSTEM, BUSES, PEDESTRIAN AND BICYCLE FACILITIES,
AND P.ARK AND RIDE FACILITIES, ADEQUATE TO CONNECT THE REGIONAL
CENTERS, M1�f.TOR TRTP GENERATORS .AND COMNiUNITIES, BC1TFi URBAN AND
�. SUBURBAN.
BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE
REGIdNAL PARK AND RIDE FACILITIES FQR AUTOM4BILES, MOT4RCYCLES AND
BICYCLES, WITH EASY ACCESS, CONSISTENT WITH THE FLANNING OF A
�
e �
a
REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER
SYSTEMS SHOULD BE A NI�TOR CONSIDERATION FOR BUS PARK AND RIDE AND
LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOIS AND "
BICYCLES AS WELL AS WALRING TO FEED THE PARK AND RIDE FACILITIES -
FOR EXPRESS BUSES AND LRT. �
ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEI��NT POLICIES
SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER
TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE
METROPOLITAN AREA.
THE FINANCING FOR TIiE REGIONAL SYSTEM SHOULD BE BORNE IN
PROPORTION TO THE BENEFIT OR SERVICES RECEIVED.
V-M MSA SCREENING COMMITTEE
The Metropolitan Highway Districts 5 and 9 were combined in
1989/90 administratively to form one Metropolitan Highway District
within the MNDOT structure. By law the MSA screening committee
consists of one member from each Highway District and first class
city. Technically, the combining of Districts 5 and 9 reduces the
membership by one from the metro area. This was not intended by
MNDOT. Therefore;
THE AMM REQUESTS THAT THE STATUTES BE MODIFIED TO PRESERVE TWO
SEATS ON THE MSA SCREENING COMMITTEE FROM THE METROPOLITAN HIGHWAY
DISTRICT.
V-N METROPOLITAN TAX
N-1 REGIONAL TAX
A number of agencies have suggested the use of a special
Metropolitan Tax•for various purposes. The ANR�I membership has had
extensive discussion on this issue, and given the reality that a
metro tax will continue to be considered, the ANIlK offers the
following position:
THE AMM MEMBERSHIP FEEIS THAT ANY NEW METROPOLITAN TAX SHOULD BE
RELATED TO A SPECIFIC NEED THAT CAN BE IDENTIFIED AS CRITICAL TO
THE METROPOLITAN AREA AND THAT CURRENT FINANCIAL OR TAX RESOURCES
CANNOT BE USED OR DIVERTED FROM LESSOR PRIORITY ACTIVITIES.
N-2 REGIONAL TAX PRINICIPLES
�.
If it is shown that an activity is in critical need of funding and
that there is no current source that can be used, then certain .
principles should be applied. '
ANY NEW METRO GENERATED TAX OR REVENUE SOURCE SHOULD NOT BE USED'
AS A REASON TO REDUCE CURRENT OR FUTURE STATE ALLOCATIONS FOR ANY
�
.�
' y t . x, r
ACTIVSTY OR REDSRECT METRO TARGETED STATE AGENCY F'UNDS TQ t?THER
REGIONS.
�
, A NEW TAX AND ITS SOURCE, TO THE DEGREE POSSIBLE, SHOULD BE
RELATED TO THE USE.
A NEW TAX SHOULD BE IMPOSED AS BROADLY AS POSSISLE AND TO THE
GREATEST EXTENT P{}SSIBLE ON THE USER OR LA.RGEST BENEFICIARY OF
THE AGTIVITY FUNDED.
THE TAX OR REVENUE SOURCE SHOULD BE STABLE.
THE FUNDS SHOULD BE DEDICATED TO THE STATED PURPOSE, NOT ACCOITN'PED
FOR IN OR THROUGH THE STATE GENERAL FUND, AND SPENT ONLY ON
METROPOLITAN PROJECTS.
�`FIE TAX OR REVENfITE SOURCE CIiOSEN SH{�UI,D BE ONE �`HAT WILL NOT
RESTRICT LOCAL GOVERNMENT REVENUE OPTIONS� OR IMPACT LOCAL
Gf?VERNMENT NEEDS F{1R FUTURE CRITICAL ACTIVITIES .
N-3 TI2ANSPORTATION TAX
The AMM daes feel that Transportation needs are becoming critical
in the Me�ropolitan Area and that LRT must be examined within the
context of the total Tran�portation system. A propasal has been
brought forward by the Regianal Transit Board to fund LRT
AMM SUPPORTS THE CONCEPT OF A METROPOLITAN TAX FOR METROPOLITAN
TRANSPt}RTATION NEEDS, INCLUDIN� LRT WITFi THE FOL.T,C}WING
CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE
EXCISE TAX, SALES TAX, AND PAYROLL TAX SH4ULD BE INVESTIGATED;
AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE
CfJNSIDERED,
V-O AIRPORT POLICY
In 1987, the Minnesota State Legislature adopted the "Dual-Track"
strategy �ar airpart planning. One track focuses on a new airport
option; the ather on impravements at the existing airport. The
choice will be made when economic, operational, environmental and
cast benefits studies are completed by 1996. The Metrapalitan
Council has identified a search area in Northern Dakata Gaunty
within which a major airport could he lacated. Meanwhile, the
Metropolitan Airport Commission mu�t develop a long range plan
ta ensure capacity at the Minneapolis St. Paul International
Airport. By the end of 1995, the Metropalitan Airports Commission
must also identify a specific airport si�e within the search ar�a
identified by the Metropolitan Cauncil. In 1996, both the
Metropolitan Council and the Metrapolitan Airports Cammission must
prepare recommendations on majar airport long-term development for
consideration by the Minnesota State Legislature.
-61-
THE AMM RECOMr�NDS AND SUPPORTS THE CONTINUATION OF THE DUAL TRACK
PROCESS TO ASSURE THAT ALL OPTIONS ARE PROPERLY REVIEWED, AS
AIRPORT ISSUES ARE BEING CONSIDERED. THE AMM ENCOURAGES THE
METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION,
WHETHER CONSIDERING A NEW SITE OR IMPROVEMENTS TO THE EXISTING
SITE, TO THOROUGHLY STUDY THE SOCIETAL AND ECONOMIC IMPACTS OF
BOTH SITES IN THE FOLLOWING AREAS: ENVIRONMENT, SOCIAL, SITE
AREA, GENERAL I�ND USE AND COST. THE AMM ALSO ENCOURAGES THE
METROPOLITAN COUNCIL AND�TIiE METROPOLITAN AIRPORTS COMMISSION TO
CONSIDER THE INFRASTRUCTURE COSTS AT BOTH SITES AS WELL AS THE
COST-BENEFITS RATIO OF ALL CLASSIFICATIONS OF PROPERTY FOR THE
AREAS SURROUNDING BOTH SITES , AS STUDIES ARE COMPLETED ON
POSSIBLE EXPANSION OF TiiE EXISTING MINNEAPOLIS-ST. PAUL AIRPORT
AND/OR RELOCATION OF THE AIRPORT TO A NEW SITE.
V-P BIKEWAY GRANTS PROGRAM
Increased support needs to be
modal transportation programs.
automobile must be lessened.
provided for innovative and inter
Dependency on the single occupant
All Minnesota governments should
continue to encourage increased energy conservation, travel-demand
management, ride-share programs, bicycle facilities, alternative
fuels, and research and education for such options.
The attractiveness of bicycle transportation is maximized in urban
areas. Traffic calming projects have been shown to reduce the
severity and number of accidents, reduce air and noise pollution
and improve urban streets for non-motorized users. With the
increased awareness of health and fitness, the environmental
benefits and cost effectiveness of bicycling, more and more
Minnesotans are demanding safe and convenient bicycle facilities.
Local governments have expressed interest in enhancing bicycle
safety by planning for and adding off road trails, paved shoulders
and bicycle storage facilities and safety programs in their
communities.
The National Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) states that improvements necessary to accommodate
other transportation modes are eligible uses of both National
Highway system and Surface Transportation Program funds. ISTEA
also requires each state to set aside 10 percent of its surface
transportation program funds for safety construction activities,
(ie, hazard elimination and rail-highway crossings) and 10 percent
for transportation enhancements which encompass a broad range of
environmentally-related activities.
IN REEPING WITH THE NATIONAL RECOGNITION OF THE NEED TO'DECREASE
DEPENDANCE ON SINGLE OCCUPANCY AUTOMOBILES, THE LEGISLATURE SHOULD
RESTORE FUNDING FOR THE BIKEWAY GRANTS PROGRAM. THE MINNESOTA
COMPREHENSIVE BICYCLE PLAN RECONII��NDS THAT "A GRANT PROGRAM BE
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�
, t ., „ , r - , , �.,r._
ESTABLISHED AND IMPLII��NTED TO DEVELOP BICYCLE FRIENDLY ZONES IN
URBAN AREAS."BICYCLE FRIENDLY ZONES WOULD INCLUDE BUT NOT BE
LIMITED TO CONSTRUCTION OFx, BOTH ON AND OFF ROAD BICYCLE
FACILITIES, PUBLIC EDUCATION, PROMOTION AND MONITORING. ON ROAD
�' FACILITIES COULD VARY FROM STRIPPED PAVED SHOULDERS TO DESIGNATED
� BICYCLE LANES.
.�
V-Q OPTOUT
In 1981, the Minnesota Legislature established the Transit Service
Demonstration Program under Statute 174.265 (which was repealed in
1984 as a demonstration program). Opt-out transit systems operate
under Statute 473.388 under which they qualify for transit funds
equivalent to 90 percent of the property taxes levied for transit
in their communities. The legislature recognized that little of
the transit monies collected from the suburbs were actually
providing those areas with transit services. With changing
demographics caused by suburban growth, not only was transit
needed, but suburban legislative support was becoming more and
more critical for continued transit funding. Opt-out was designed
to fill this void by allowing suburbs at the end of efficient
transit services in their areas. The Regional Transit Board (RTB)
is responsible for overseeing the opt-out program. The opt-out
program includes five transit systems serving 12 metro-area
communities.
Some issues of regional significance have been identified as areas
of concern by the opt-out systems. The regional fare structure
should be reviewed annually so that it is realistic. The opt-out
systems should have the flexibility of diverging from the
metropolitan fare structure, particularly if their services offer
features not typically found in regular route or para transit
systems. The RTB should encourage the concept of "opt-in"
whereby communities otherwise ineligible for opt out may have a
greater say in the type of transit service they receive from the
MTC instead of "taking what they get." Such a program would
foster the involvement of other municipalities which will benefit
the Regional Transit System through services better matched to
community needs and inc"reased ridership.
THE AMM URGES THE LEGISLATURE TO DIRECT THE RTB TO ANNUALLY REVIEW
TIiE REGIONAL FARE STRUCTURE AND PROVIDE GREATER FLEXIBILITY TO SET
FARES CONir�NSURATE WITH SERVICE LEVEIS, AND ENCOURAGE THE CONCEPT
OF "OPT-IN" PROVIDING GREATER MUNICIPAL INVOLVEMENT IN TRANSIT
SERVICES.
-63-
VI-A TAXATION HEARING AND NOTIFICATION LAW
The League supports the improvements which have been made to the
taxation hearing law, which is incorrectly referred to as "truth
in taxation." The title should be changed. "Truth in taxation" is
a misleading title for these hearing requirements. The process
, should be renamed the "taxation hearing and notification law."
� The League believes that the state government should set an
� example and be required to follow si.milar requirements for public
• hearings and notification processes on tax and budget issues.
The League urges the Legislature to make the fol�lowing changes:
A. Local governments should be al.lowed to amend the levy that
they preliminarily propose to the county auditor on September 15.
Many cities will have a difficult time realistically assessing
their budget needs to be able to certify a proposed levy and
budget by September 15 -- far in advance of the beginning of the
next budget year.
This early date, combined with the restriction that prevents the
city's final levy from exceeding its preliminary est.imate, works
against responsible budgeting and forces cities to overestimate
their budget needs in order to avoid potential revenue shortfalls;
B. As a state mandate, the costs of this requirement should be
fully funded by the state. The appropriation made for the process
for Pay 1991 taxes has not been renewed. Local governments must
now find additional funds to finance this state-mandated process
from their tight or shrinking local budgets;
C. The League commends the Legislature for its 1992 action to
reduce the size requirement for newspaper advertising and
eliminating unnecessary data from the advertisement. The
Legislature should consider eliminating the newspaper
advertisement requirement. Notices are sent to each property
owner and the notice required to be posted in each apartment
building effectively notifies citizens of the hearings and
proposed levies. The costs of publishing advertisements consumes
tax dollars which could be better spent on city services for
taxpayers;
D. The requirement for parcel-specific notices should continue to
be required. Every effort should be made by the Legislature and
the Department of Revenue to ensure that the notice accurately
estimate proposed property taxes; and
E. The title of the requirement should be changed to the
"taxation hearing and notification law." The current title infers
'` that there was and would be a lack of accuracy and accountability
� without this process. In addition, the calculations used in the
_. process are frequently misleading and confusing, and challenge the
• "truthfulness" and accuracy of the information provided.
-64-
VI-B STATE ADMINISTRATIVE COSTS
.�
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
government trust fund, rather than only from funding for local
government aid.
The League believes that all state government expenses should be
subject to the standard appropriation review process and be funded
directly by specific state approp�riation, not by blanket
dedu�ctions 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 government.
City local government aid (LGA) provides financing for
administrative costs for: the Office of the State Auditor, the
Department of Administration (IISAC), the State Demographer, and
the Department of Employee Relations. For 1993 LGA, $487,549 was
deducted for these state agencies.
In addition, LGA funds, distributed primarily to cities, Y�ave been
used to finance operations by the state auditor and Department of
Administration which are not caused by cities alone.
VI-C REFERENDUM LEVIES
The League supports repeal of requirement that referendum levies,
unlike general property tax levies, apply to property market
value. In addition, it is inaccurate for referendum ballot to
state that "By voting YES on this ballot question, you are voting
for a property tax increase." The League urges the Legislature to
repeal a flawed policy which requires city referendum levies to be
applied to market values, rather than tax capacity.
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 burdens, -
changes should be made in the classification system, rather than
through the tax base.
-65-
In addition, the simple statement that taxes will rise as a result
of a referendum levy may well be false. In cases where the city
has reduced their general levy or previous debt is retired, a
city's property tax levy will actually decline when compared to
� the previous year.
VI-D COMPARABLE WORTH
The 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 newly proposed (adopted)
administrative rules regarding compliance determinations.
Additionally, the League urges the legislature to amend the
statute to limit the laws applicability to only full-time
employees and to clarify that separately established
governmental entities must file separate compliance reports. 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.
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, will take effect
almost a full year after cities and other public employers were
required by the statute to submit compliance reports. Cities must
be granted additional time to comply with these new standards
prior to facing imposition of state sanctions which include 50
reductions in financial assistance and $100 per day penalties.
Though the rules and the current statute contemplate an automatic
extension, the League supports legislative action to delay the
implementation deadline to December 1994.
At the very least, the legislature should act to delay imposition
of new statistical tests of health insurance contributions, salary
range differences, and exceptional service pay programs until
December 1994.
, The rules address other significant issues not previously dealt
_- with by the legislation, including the definitions of employees
, and employers covered by the Act.
��
For the definition of employees, the rules propose using the same
definition as in the Public Employees Labor"�Relations Act (PELRA).
Use of this definition causes two significant problems. First,
because local governments use a great number of part-time and
seasonal employees in order to effectively and efficiently provide
important services, many more jobs will have to be included in
compensation systems than is the current practice. This will
require much more administrative work in establishing job
descriptions and ranking jobs which by their very nature are often
impossible accurately describe or value. Second, because
benefits, including health insurance programs, are often limited
to full-time employees, cities run the risk of being found out of
compliance with the pay equity act not because of gender based
discrimination, but rather because of valid distinctions between
full-time and part-time employment. The League proposes adopting
a definition of employee which would not include any employee
working less than twenty hours per week on average or which is
employed in a position which is filled less than six months in any
year.
For the,definition of employers covered by the Act, the problem is
slightly different. The law clearly requires all cities and other
political subdivisions of the state to comply. The problem is
determining who is the employing agency for a particular group of
employees. Historically, employees of certain enterprises such as
public utilities, hospitals, nursing homes, and libraries have
been considered as separate and distinct from employees of the
city. Often, the only connection is that the city council acts
somewhat pro forma to ratify the annual budget proposed by the
separate entity prior to certification of the tax levy.
Unfortunately, it is this feature of formal budget adoption on
which the rules focus, regardless of separate payroll systems,
personnel rules, salary and benefit systems, etc. The League
supports statutory clarification that other aspects of the
government structure be considered when making a determination of
which governing body is the employer of a group of employees.
Finally, because the tests proposed for initial compliance
determinations do not take into account factors which the statute
specifies as justifying compensation difference, it is improper
for public statements of noncompliance to be released by the
Department of Employee Relations prior to final compliance
determinations. The statute should be amended to allow local
governments to present all information justifying departures from
the mathematically prescribed standard prior to publi•c statements
from a state agency that a jurisdiction is "not in compliance"
with the law.
VI-E LIQUOR ISSUES (C)
The League opposes the establishment of one class of beer and the
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��
�
m
off-sale of wine in other than liquor stores.
The establishment of one class,of beer in Minnesota would cause
substantial problems in controlling the sale of beer in filling
stations, grocery stores,rdrug. stores, and elsewhere where 3.2
j beer is sold. Also, with regard to a proposal for only one class
� of beer in�Minnesota, current 3.2-on-sale establishments coulcl be
R selling strong beer without the supervision and controls imposed
upon on-sale liquor establishments and municipal liquor stores, or
would be forced to meet most if not all the restrictions on
intoxicating liquor establishments. � , � . . . �; ,
�- • , - � ' � . . _ � . � c• ' �
Cities should be fully authorized to establish hours of saie-and
be expressly authorized to �establish.-differing license fees =for
establishments having different hours of operation. �� ,,, .; ..
VI—F MINNESOTA PUBLIC EMPLOYMENT LABOR RELATIONS ACT,(PELRA)
. - { • - _ _ . ..
1: The League supports.legislation which modifies the_;existing
interest•arbitration,process to require arbitrators to give
primary consideration to internal equity comparisons�,and 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. " � � � - , �:_ :' ��
- . � . . _ - , -.
2. 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. rt
� . .- � - � : ' ; _
The 1983 Legislature reduced the time period that�part-time
employees must be employed before they are considered"employees
covered by PELRA. This has resulted in higher wages for some
part-time employees, and more significantly, has resulted in
cities hiring fewer part-time employees. 1991 legislative action
in this area has caused further confusion, which may 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
,, . .i = ' . ' - . _ . • - . , , ._ , - .
J > , � n r - , � C , : _ - . . - . , � . ;.:
. . � :: - •, � . —68— , . ' . . � � , ,,
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
Oc�ober 20, 1992
Geaeral Contractars Lieease
Hamor Construction
HYAG Contractors License
Biaine Heating, AJC & Electric
Gas Piviuq License .
Blaine Heating, A/C & Electric
Plaster. Stucea � Drywa2l L3ee3nse
Zimmerman S�ucco, Inc
Friedges Drywall, Inc.
�
.
. � � i
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,.'_: ' �•
OcCobes 20, 1992
TO: 1Ya9ar snd C,ity CounctZ
.�
• CLAIMS LZ'ST SUMMARY;
TatrsZ Claims
Significent cZa.iras
NS,P '
• Trcap Tr.iFF
, , uaus� cza�mc
Exce3 Uti2ities
Struck & Irwin
Tower ASphaZt
V.ik.ing Fence
. • Midwest Seeder
r
utilt.tes
fueZ
Z78,938
� 4,522
5,993 •
Impr pzoject 10,257 �
seaZ co�ting 46,854
Impr project 60,844
Xens#ngton Park - 30,714
" ��, 5,76d ,
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CITY OF MENDOTA HEIGHTS
NIII��O
October 16, 1992
TO: Mayor, City Council, and City A
FROM: 7ames E. Danielson, Public Works D" t
SUBJECT: Mendota Heights Road/Dodd itoad T ic ignal Request
DISCUSSION:
Attached is a letter fmm Mr. John Trojack requesting to be placed on the October 20th
Council agenda to present a petition for adding traff c signals at the intersection of Dodd Road
(Trunk Highway 149) and Mendota. Heights Road. The City has received several petitions for
signals at this intersection over the past several years. Because the intersection includes a trunk
highway�the jurisdiction for signals is with Mn/DOT. The City has always supported the requests
and forwarded them to MnJDOT, where they are analyzed against a set of criteria. and, while
everyone recognizes that someday signals will be warranted, Mn/DOT has always found that they
are not warranted.
The last time a request for signals to be installed was submitted was last April and a response
should be received soon.
Mr. Trojak.has also contacted Senator Metzen for his support in getting signals installed at
this intersection. Senator Metzen has contacted me for information and he told me that he will
contact Mn/DOT to see what he can do to expedite the installation of signals.
ACTION REQUIRED:
Meet with Mr. Trojack and determine a course of action.
,1.- � .� i
� �--�-�1�
'186 Upper Colanial Drive
Mendata Heights, MN 55118
October 9, 1992
City Administrator
City of Mendaza Fieights
1101 Vic�oria Curve
Mendata Heights, MN 55118
Dear Sir:
This is to request a place an the agenda of the
Council meeting for the City of Mendota Heights.
understanding that that meeting is to take place
20, 1992.
ne�t Gi.ty
Zt is my
on Octaber
We would like to presen� at tha�. time a petition for actian
on the installatian of tra��ic controls at the intersectian
of Dadd Road and Mendota xeight� Raad and abtain City
Council assistance in that �ffart.
t ],r� o s ,
f
�'ohn E . Tro j ack
H: 457-7078
W: 291-1134
�tNi �� ` 2� r,,
CITY OF MENDOTA HEIGHTS
October 13, 1992
TO: Mayor and City Council
FROM: Tom Lawell, City Administ
SUBJECT: Proclamation of November 13-20 as Minnesota Chemical
Health Week
DISCIISSION
Mr. Jaime Martinez, of the Neighborhood Action Project on Drug
Abuse Prevention has requested that the City of Mendota Heights
proclaim the week of November 13-20, 1992 as Minnesota Chemical
Health Week. Please see attached information for description of
the program.
ACTION REQIIIRED
If Council so desires, they should pass a motion adopting the
Proclamation Acknowledging November 13-20, 1992 as Minnesota .
Chemical Health Week. �
MTL:kkb
�
1375 Saint Paul Avenue
Saint Paul, Minnesota 55116
(612) 698-0751
ADVISORY COMMITfEE
Allen Levine, Chair
Vice President, JCC
Rabbi Morris Allen
Befh Jacob Congregafion
Sue Blasczak
Parenis Communication Nefwodc
Lt. Gary Briggs
St. Paui Police Department
Susan Chiuminatto
Sl. Leo Catholic Church
Pat Crutchfield
Corrvnunity Vol�mteer
Pastor Jack Drier
SY. Luke Lutheran Church
Patrick �itrgerald
St. Paul Public Schoo/s
Mike Fredrickson
The Salvatlon Army
Barbara Krovitr-Neren
Confident Kids
Maureen Kucera
Altorney General's Office
Paula Maccabee
57. Paul CouncN Member
Charles E. Mertensotto
Mayor, Mendota Helghfs
Betty Moran
Fort Road Federotion
JoAnne' Paterson
RamseyCo. Public Hea/th Nursing
Rev. Susan Peterson
Gloria Dei Lutheran Church
David Pett'rford
Inst. fa Black Chemica/ Abuse
Mary Ann Reilly
Chemica/ Heafth Counselor
Mike Rossberg
HighlandParkCommu Ed.
Rev. Peter Shidemantle
Edgcumbe Presbyterian
Gayle Summers
Disfrict 15 Community Cou
DawnTraphagen
West7thCommunify enter
Karen Wirtz
Macalester Coll
STAFF
Judy Cwanaugh
Jaime Martinez
Miriam Weinsiei�
O N D R U G A B U S E
P R E V E N T I O N
October 6, 1992
Mr. Thomas Lawell, City Administrator
City of Mendota Heights
1101 Victoria Curve
P�Iendota Heights, MN 55118
Dear Tom:
Serving the Communities of
Highiand, Macalester/Groveland,
Upper West 7th, Mendota Heights
Thank you for your help with the proclamation for
MTNNESOTA CHEP•4ICAL HEALTH WEEK which takes place
November 13 - 20 in the state of Minnesota.
Enclosed is the proclamation to be used for this
week. You may change it as you feel anpropriate.
Additionally, I have enclosed materials on another
program that we are present.ing at the Jewish Community
Center of St. Paul that your council may find interesting.
Please pass along this information.
Again, thank you for your help, and I will contact
you later about providing you with posters of P�innesota
Chemical Health Week. Please send me a copy of the
proclamation when it is ready.
Sincerely, �
�
Jaim . Martinez
P vention Coordinator
JLM/jlm
Enclosures
A proJect of the Jewish Community Cec�ter of the Greater St. Paul Area • Funded by United Way of the St. Paul Area
,�i
CITY 4F MBNDOTA HLIGHTS
DAROTA COUNTY, MINNL�SOTA
PROCLAMATI4N ACKNO�'ILLDGTNG NOV�LIt 13-20, 1992 A.S
MZNNE50TA CHEMICAL H8ALT8 �EER
WHSREAS, alcohol and other Drug Abuse in the United States has
reached epidemic stages, and the 15-24 year age group is dying a�.
a faster ra�e than any other age group due to alcohol and other
dr�zg abuse and associated probl.ems; and
WHERFA.S, the color RED has been chosen to represen� individual
and communii�y commitment to eiforts to reduce demand for. alcohol
and other drugs in our communities; and �
p1HEREAS, business, government, law en£orcemen�, �chools,
religious insta.tutions, serva.ce organizations, neighbarhoods,
youth, seniar citizens, and other individuals are encouraged to
demonstrate their commitmen� to help reduce and prevent alcohal and
other drug abuse by wearing and/or d.isp].aying �he color RED during
Minnesota Chemical Health Week; and
BE ZT RESOLYED �ha� November 13-20, 1992 be declared Ma.nne�ota
Chemical Health Week in the City af Mendota Heights; and �
88 IT FDRTBER RLSOLVED that �he honorabl.e Mayor Charles E.
Mertensotto and the Ci�y Council af the City of Mendota Heights
support the activities eponsored by the Minnesota Chemical Health
Week, MADD'S Red Ribbon Project.and D-Day and encourages the
Citizens of Mendota Heights to par�icipate in a].� Minnesota
Chemical Health Week activities and o�her alcohol and other drug
abuse prevention efforts year round.
Proclaimed by �he City Council of �he City of Mendota Heights
this 24�h day o� Qetober, 1992.
ATTEST:
Kathleen M. Swansan
City Clerk
CITY COUNCTL
CITY OF MENDOTA HETGHT�
By
Charles E. Mertensotta
Mayar
�
CITY OF MENDOTA HEIGHTS
MEMO
October 14, 1992
TO: Mayor, City Council and City Administrat�
FROM: James E. Danielson, Public Works D' ec
SUBJECT: CASE N0. 92-28: Milavetz (Hearing) - lands Permit
DISCIISSION
Mr. Alan Milavetz and Ms. Bonnie Resnick are constructing a
new home at 2251 Copperfield Drive. Their new home abuts
Copperfield Pond and they desire to construct a wooden fence
enclosing their backyard. The fence, as they have proposed, would
be right up to the scenic easement line and thirty-three feet (33')
from the pond�at its closest po'int. The Milavetz's were unable to
obtain signatures of consent from all of their neighbors so a
public hearing wag conducted at the September Planning Commission
meeting.
A number of the Milavetz's neighbors were at the public
hearing, several of them spoke and submitted a petition asking the
Milavetz's to withdraw their application. The neighbors main
concern seemed to be for maintaining an unobstructed walkway
between the backyards in the area.
RSCOD�TDATION
The Planning Commission voted unanimously
approval of a Wetlands Permit allowing constructio
within four feet (4') of the scenic easement, and
foot (4') strip be mowed and maintained such as
walkway across the Milavetz�s backyard.
ACTION RS4IIIRED
to recommend
n of a fence to
that this four
to allow for a
Conduct a public hearing to consider an application from Mr.
Alan Milavetz for a Wetlands Permit to construct a fence within his
backyard to within thirty-three feet (33' ) of Copperfield Pond. If
Council so desires to implement the recommendation, they should
pass a motion granting a Wetlands Permit for construction of a
fence to within four feet (4' ) of the scenic easement (thirty-seven
feet (37') from the pond) subject to the Milavetz's maintaining a
four foot (4') wide space for use as a walkway between the fence
and the scenic easement.
JED:kkb
��,�CQ��� �-ti �'�'? ��--��:r���� r�.�..r c���C�,� C�--�C.�� v-� .
C��....�-tn.�-n..�- � C�p�..��,�.-�.,Q.�� . ��.-�-
��
CITY 8F 1��D4TA 8EIG8TS
NOTICF OF HEARING
September 25, 1992
TO i�HOM IT MAY CONCERN:
NCtTICE i� hereby given tha� the City Council of Mendota
Height� will meet at B:OQ o'clock P.M., or as soon as pos�ible
thereafter, on Tue�day, October 20, 1992, in the City Ha11. Council
Chambers, 1101 Victoria Curve, Mendota Heights, Minne�ota, to
consider an application from Mr. Alan Milavetz for
a Wetlands Permit for a fence in the rear yard at the following
described prQperty�;
Lot 7, block 6, Copperfield lst �iddition .
More particularly, thi� property is l.ocated at 2251.
Copper�ield Drive.
This notice is pursuant to City of Mendota Heights Ordinance
No, 402. Such per�ons as desire to be heard with reference ta the
proposed Wetlands Permit will be heard at this meeting.
KathZeen M, Swanson
Ci�y Cl.erk
Awciliary aids for disabled gersaas are available upaa request
at least 120 hours ia advance. Tf a aotice of less �haa 120
hours is received, the City of •Mendata Heights will make every
attempt to pravide the aids, however, this may aot be possible
oa short aotice. Please coatact City Administrat3ou at
452-1850.
�:! .!'�.J�..c-�-2; a-
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PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT: .
LOCATION:
ACTION REQUESTED:
PREPARED BY
PLANNING CONSIDERATIONS:
Background
���
CONSULTING PLANNERS
LANDSCAPE ARCHITEC`fti
�00 FIRS"f AVE(�!U[ !vC)I:TH
SUITE ?l0
�V1INNEAPOLIS. t�l'� �� li�t
( l� i �9• i.i(1l1
22 September 1992
92-28
Alan Milavetz
2251 Copperfield Drive
Wetlands Permit
John Uban
The applicant is proposing to build a 4foot high fence within 1(}0 feet of a wetland. This is a new
home currently under construction.on Copperfield Drive� and the only improvement within the 100 feet
is the proposed fence. The applicant did not get signatures from all of the adjacent home owners, so
there is a public hearing scheduled for the fence. '
The plan has been before the Copperfield Architectural Review Committee and their letter has been
submitted as part of the application. The fence is proposed to be built outside of the wetland scenic
easement.
This appears to be one of the last lots to develop in the area. The adjacent homes and yards are all
open, and there is continuous green expanse around the wetland. At least in the immediate area around
the property, no other home has built a fence in the back yazd. There aze numerous decks and other
patio features that have railings all reasonably close to the main structure. The architectural commitxee
noted that they had allowed such a fence for another property and recommended that the fence be built
of semitransparent materials, such as wrought iron.
Wetland Permit
The wetland permit specifically is for a fence. The fence location will not disrupt any of the natural
vegetation nor will it necessitate the removing of trees. However, the fence will limit the free
movement of neighhorhood residents from yard to yard azound the wetland azea. There aze no
easements for this purpose and the architectural review committee has deemed the fence acceptable if
semitransparent fencing is used.
Alan Mitavetz, Case No. 92-28
Page 2
The fence is proposed to be 4 feet high and constructed of cedar spindles 2-inch square on 4inch
centers. This pattem actually creates an alternating patxem of 2 inches of wood then 2 inches of opening
and 2 more inches of wood. This type of fence will appear much more opaque than a wrought iron
fence would. A black vinyl clad, chainlink fence would be more transparent than the proposed cedar
fence.
The purpose of the fence is to protect the young children at play in tfie back yazd, which is reasonable
and an expected activity in a residential yazd. Given that the home is next to a wedand, fencing is an
important part of providing safety for children.
The vegetation along the edge of the wetland will hide the fence from other homes facing the wetland
and only the adjacent neighbors will have a view of the fence along the side yazds. The plan does not
indicate the setback from the properry line along the side yazds for the fence. It should be notefl that
the fence should be built according to city regulations for proper side yard setbacks with enough room
to assure proper maintenance. .
�� Action
Hold a public hearing for the wedands pemut: Review the information submitted by the ap�licant and
make a recommendation to the City Council regarding the requestefl wetland permit.
.. .. . � . ... - . ._- �� . .. . :,._. .. . .. . .
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August 31, 1992
City of Mendota Heights
Attention: Planning Commission/City Council
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Wetlands Permit For Fence
Applicants: Alan Milavetz and Bonnie Resnick
Lot 7, Block 6 Copperfield First Addition
Dear Planning Commission and City Council Members:
Enclosed is an application for a Wetlands Permit for a fence.
We are also enclosing the application fee, and twenty copies of the
site plan, detailing boundary, property and fence dimensions.
Since we were unable to obtain consent from an adjoining neighbor,
we are attaching a radius report of landowners within 350 feet of
our lot. Our neighbor told us that they will not oppose the fence
at a hearing, but just don't want to give their signature at this
time. Other neighbors that we contacted gave verbal approval for
the variance. We didn't pursue signatures because of the need for
a public hearing.
It is our request that review of our case be conducted by the
Planning Commission on September 22, 1992 at 7:30 P.M. We also ask
that this matter be placed on the agenda at the next City Council
meeting on October 6, 1992, if necessary.
It is our intent to construct this fence at the same time that
our new home is being built. We believe our design will complement
and blend in with the wetlands area and our new home. Our plan is
to construct a semi-transparent design using cedar pickets. A
picture of the fence style is drawn on the site plan. We have
included correspondence from the Copperfield Architectural Review
Committee which states that "the site plan, landscape plan defining
the fence location look great and appears to complement the home."
It's also important to note that our plan retains approximately
thirty-five feet of wetlands area.
We want the fence in order to create a safe backyard for our
two sons, four and one years old, without disturbing the beauty of
the wetlands area, or adversely affecting our neighbors or the
environment. We understand that there is precedent which supports
our request. We love the pond lot and hope to receive your
approval for the variance so that we can increase the size of our
backyard and comfortably and safely enjoy the lot with our young
children. We respectfully request that our application be granted.
Sincerely,
. ,,._
�',�l ��:��'��
Enc. Bonnie Resnick and Alan Milavetz
TANDEMJames L. Osicnson
CORP4RATIQN Richard A. Putnnm
BROKh.'RS � PLANNl:'RS � D!:'Yh.ZO!'GRS
Paul and Lisa Dorn
The Dorn Company, Inc.
554 Stone Road
Mendota Heights, MN 55120
August 23, 1992
Re: House lot 7, Bl 6 Copperfield 1sC
Dear Mr. & Mrs. Dorn,
I have reviewed the Milavetz house and compliment the owner, architect
and builder an an outstand.ing plan. EiCher elevation of brick or stucco is
fine and the roof ma.terial I am sure is above our 2651b. standard. The
home meets our architectural standards and will be a fine addition to the
neighborhood. � '
The site plan, landscape plan defining the fence lacation look great and
appears to camplement the home. The fence outside of the scenic
easement is acceptable based upon the Dugan precedent No feuce
material is listed however we would recommend wrought iron or other
semi-transpaz-ent materials.
Specif'ic fence questions might best be discussed with Cynthia Bet� of our
committee.
Good luck with the .project.
For rhe Architecrural Review Gomznittee
� � r
Dick Putnam
Copperf'ield Associates
cc. C. Betz
2765 Casco Point Road, Wayzata, Minnesota 55391 • Off. & Fau (612) 4?1-0573
�ity o�
1� L ,a 1 . . . . 1��ie�dota � �-Heig;ht� �.
APPLICATION FQR CONSIDERATION
OF
PLANNING REQUEST
Case No. ��= �,�
Date of Appiicatzon -� ._
Fee Pazd j3S � �.. 2.`¢Q��..._—
Applicant Name: j� i� 0.V Q..�' L �- io�.a� S PH: �i S Gr - Cf ,� �'�'�-
(Last) (First) (MI?
Address:
.J�I
��l�c3
(Number & Street}-J (City} (State) (Zip}
Owaer Name: �J QWl�.... c"�S ��o v�.,.,
(I.ast) (First) (M�
Address:
(Number & Street) (City) (State) (Zip)
Street Location of P'raperty in Questian: Z Z.3 E�� � 13 � r� 1 c�,. �r'.
Legal Description of Property: � o"�` '"� �5 �t� 4C � �'�,a�wrv�`'z �' �i � s �r
Type of Requesc: -
Rezoning Variance �
Conditional Use Permit " Subdivision Agproval
Conditional Use Permit ;for P.U.D. �_ Wet�azxds Permit �"' ��` t�
Plan Approval - Qther (attach explanation)
Comprehensive Plan Amendment � � '
Applicabie City Urdinance Number Section
Present Zoning of Progerty Q 5_ Present Use �/z� �'�f -
Proposed Zoning of Property . PXoposeci Use
I hereby declare that ail statements made in this request and on the additional
matexial are true. �� �
(Signatnre of Applicant)
.�!-�+�.,�/S!�' t .3� l � �l Z..__
{Daie) . � .—~-.-
������.,.s�.,�.�..� ��. �:�.�.
—�—
' ' (Received by - Title)
�: . � - 1101 'Victaria ° Curve `• 1Viendota Heights, 1VIN..�:`�5118 �:r�:: t 452 � 1850'¢:°� ���>ut �� � ,,, ��
September 25, 1992
Mr. Kevin Batchelder
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Case #92-28, Milavetz Wetlands Permit
Dear Mr. Batchelder,
We are requesting that case #92-28, Milavetz Wetlands Permit,
which was heard at the Planning Commission meeting on Tuesday,
September 22, 1992 and is currently scheduled to be heard at the
City Council meeting on October 6, 1992, be tab.led until the next
City Council meeting on October 20, 1992.
We are unable to attend the October 6th meeting due to the Yom
Kippur holiday. Since there was some opposition to our request for•
a Wetlands Permit, we would like to be present when our case is
considered.
Please let us know prior to October 5th if our request to
change this date to October 20th cannot be grante�d. You can reach
us at 456-9352.
Thank you for your time and consideration.
Sincerely,
1�Gu��� ,��(�-�-� .
Bonnie Resnick and Alan Milav tz
680 Cheyenne Lane
Mendota Heights, Minnesota 55120
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the undersigned, request that Mr. and Mrs. Alan Milavetz
their application for a Wetlattds Permit for a fence in the
of 2251 Copperfield Drive, Mendota Heights, Minnesota.
Name
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CITY OF MENDOTA H$IGHTS
NOTIC� OF HEARING
September 25, 1992
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the City Council of Mendota
Heights will meet at 8:00 o'clock P.M., or as soon as possible
thereafter, on Tuesday, October 20, 1992, in the City Hall Council
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Mr. Alan Milavetz for
a Wetlands Permit for a fence in the rear yard at the following
described property:
Lot 7, block 6, Copperfield ist Addition
More particularly, this property is located at 2251
Copperfield Drive.
This notice is pursuant to City of Mendota Heights Ordinance
No. 402. Such persons as desire to be heard with reference to the
proposed Wetlands Permit will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for disabled persoas are available upoa request
at least 120 hours ia advance. If a aotice of less than 120
hours is received, the City of •Meadota Heights will make every
attempt to provide the aids, however, this may aot be possible
oa short aotice. Please coatact City Admiaistration at
452-1850.
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CITY OF MIIJDOTA HLIGHTS
NOTICis OF BEARING
September 1, 1992
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota
Heights will meet at 7:45 o'clock P.M., or as soon as possible
thereafter, on Tuesday, September 22, 1992, in the City Hall
Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota,
to consider an application from Mr. Alan Milavetz for
a Wetlands Permit for a fence in the rear yard at the following
described property:
Lot 7, block 6, Copperfield lst Addition
More particularly, this property is located at 2251
Copperfield Drive.
This notice is pursuant to City of Mendota Heights Ordinance
No. 402. Such persons as desire to be heard with reference to the
proposed Wetlands Permit will be heard at this meeting.
Kathleen M. Swanson
City Clerk
�
C: ity o�r
,,.,� . . 1��.er�dota Heights
_____
Oc�obez� S5, 1992
Mr. A1 Milavetz
M�. Bo ie Resnick
680 Che�yenne Lane
Mendata� Heights, MN 551,20
Dear Mr'. Milavetz and Ms. Resnick:
Your ap lication for a Wetlands Permi.t will be canaidered by the
City Ca� ci1 at their next regularly scheduled meeting, which will
be helci�on Tue�dav, ctaber 20._1992. The Council meeting starts
at 7 3 o'c1oCk P.M, here at �it�r Hall in the Council Chambers.
You, or a representative shau�d plan an attending the meeting in
order ��at yaur application will receive Cauncil consideration .
The Plaaa3.ng Comm,ission moved to recommer�d that City Cauneil. gxaz�t
a WetZands Permit with a caaditian that a four foat {4'} walkway
betweea the �eace aud scenic easement be provided and mainta3:ned by -
the Milavetz's.
If you have any questions, please feel free to contact me.
Sincerely,
� ;i�/�� `�"_
Kevin Batchelder �
Administrative Aesistant
KLB:kkb
Enclasures
�
�
11U1 Victoria Curve • Mendota Heights, 1�.N • 55118 452• 1850
H h
� lty c��
.�.,� 1 �►�e�dota Heig�ts
September 18f 1992
Mr. Al.an M:ilavetz
680 Cheyenne Lane
Mendota Hezghts, 1++�.tiT 55120
Dear Mr. M�.lavetz:
Your application iar a�etlands Permit will be cansidered by the
Planning Commission at their next regularly scheduled meeting,
which will be held on TuesdaY,, September 22, 1992. The Planning
Commission mee�ing starts at 9:30 o'cl.ock P.M., here at the City
Hall in the Council Chambers. Yau, or a representative�should plan
on attending the meeting, a.n orcier that your applica�.ion wil3.
receive Commission consideration. `
If y�ou have any questions, please feel free to cantact me.
Sincerely,
,��aQl�� ����..� U LQQ�QX'� ��
Kevin Batchelder
Administrative Assistant
RLB:kkb
�
�
� 1101 Victoria-Curve:•Mendota Heights;�::1Vi.N =�55118��� �=:r452=185U�`�r;�-�=��� - ,
CITY OF MENDOTA HEIGHTS
MEMO
T0: Mayor, City Council and City
FROM:
SUBJECT:
DISCIISSION
October 20, 1992
� �
Administ '
Lawrence E. Shaughnessy, Jr., Treasurer
Sale of $710,000 Park Bonds
Sale of $1,470,000 Improvement Bonds
The final issue of park bonds should now be sold to pay for
the work on Rensington Park. The $710,000 issue is the second
question approved at the 1989 Referendum.
In addition, we have three improvement projects ready to be
financed. These include:
London/Downing Street Reconstruction $120,000
Mendota Interchange Storm Water $365,000
Arndt Subdivision $120,000
We also have one bond issue which could be refinanced at an
interest savings. This issue financed the water tower, which bears
interest at 5.8 percent and can be called for payment on February
1, 1993. The estimated savings over the rema.ining time of the
issue will be about $45,000 after payment of expenses. The total
to be refinanced is $865,000. Also, please note that prior to
December 15th it will be necessary to adopt the resolution ordering
the Arndt Improvement.
The Bridgeview Shores 3rd Addition project would normally be
financed, however Ma.rvin Anderson has prepaid the entire assessment
roll and we will not have to finance the project.
ACTION REQIIIRED
Adopt Resolution Nos. 92- and 92- calling for public•
sale of Park and Improvement Bond issues for 7:30 P.M. on
December 1, 1992.
LES:kkb
�
J' t : ,s
EXTRAtT QF M2NfUTES OF A MEETING OF TIiE
CITY COUNCIL OF THE CITY OF
MENDQTA I�EIGI�TS, MINNES4TA
HELD: October 2U, 1992
Pursuant to due call and notiae thereof, a regular meeting
of the City Council of the Ci�y of Mendota Heigh�s, Dakota
County, Minnesota, was duly called and held at the City Hall in
said City on Tuesdayr the 20th day of October, 1992� at
otclock .M.
The foilawing members were present:
and the following were absent:
Member introduced the following
resolution and moved its adoption:
RESOLUTION PROVIDING FC1R PUBLIC SALE
� OF $710,000
GENERAL OBLIGATZ�N PARK BONDS OF i992
BE IT RESaLVE� by the City Counci3 of the City of Mendata
Heights, Minnesota, as follows:
1. Finding; Amount and Purpose. It is hereby found,
determined and declared that this Gity should issue $710,000
General Obligation Park Bonds of 1992 (the "Bonds"} to finance
the acquisition and betterment of parks, consisting crf
neighbc�rhoad and cammunity parks, bicycle and pedestrian trails,
and community ballfields.
2. Appointment af Financial Adyisor. The City Council
does hereby appoint The Shaughnessy Company� in St. Paul,
Minnesota, to act as its financial advisor to the City for the
sale of the Bonds.
3. Meetincx. This Cauncil shall meet at the time and place
specified in the form of notice hereinafter contained for the
purpose of apening and con�idering sealed bids for, and awarding
the sale of, the Bonds. '
4. Notice of Bond Sale. The City Clerk is hereby
authari2ed and directed to cause notice of the time, place and
227113
�
purpose of said meeting to be published in the official newspaper
of the City and in Northwester� F�nancial Rev`�w�nat less than
ten (10) days in advanae of date of sale, as provided by law,
which notice shall be in substantially th� form set farth in
Exhibit A attached hereto. �
5. Qf�icial Terms o� Bond Sale. The terms and conditions
of said Bonds and the sale thereof are fully set forth in the
"Oificial Terms af Bond Saie" attached hereto as Exhibit B and
incorporated herein by reEerence.
6. O�ficial Statement. The City Clerk and Treasurer and
other officers or employees of the City are hereby authorized to
participate in the preparation of an official statement for the
Bonds with The Shaughnessy Company.
The motion for the adoption of the foregoing resolution was
dul.y secanded by member and, after full
discussion thereof and upan a vote being taken therean, the
following voted in favor �hereof:
and the following voted against the same:
Whereupan said resaiution was declared duly passed and
adopted.
�
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, EXiiIBIT A
� NOTICE QF BQND SALE
$�10,000
CITY OF MENDQTA HEIGHTS
DAKOTA COUNTY
MINNESOTA
GENERAL OBLIGATION PARK BONDS OF 1992
Sealed bids for these bonds will be opened and considered for
award on Tuesday, December 1, 1992, at 7:30 P.M., Central Time,
by the City Council at the Ci�y Hall in Mendota Heights,
Minnesota. The bonds will be dated December 1, 1992, and
interest will be payable August 1, 1993 and semiannually
thereafter. The bonds will mature on August 1 in the years and
amaunts as follaws:
Year
1994-1997
1998-1999
a000-zooz
aaoz
2003-2004
Amount
$20,440
25,000
30,400
s�,aoa
40,000
All dates are inclusive.
Year
2405-2006
aoa�-Zaos
2009
2oio
2011
Amaunt
$ h5,OQ0
5o,00a
55,004
6o,aoo
100,000
Bidders must speciiy a price of not less than $700,000 plus
accrued interest. An appraving legal opinion will be furnished
by Briggs and Morgan, Professional Association, af St. Paul and
Minneapolis, Minnesota. �
Bidders should•be aware that'the �fficial Terms of Bond Sale to
be published in the Official Statement for the sa2e may contain
additional bidding terms and information relative to the Issue.
In the even� of a variance between statements in this Natice af
Bond Sale and said Official Terms af Bond Sale the provision� of
the latter shall be those to be complied with.
227'113
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Dated: October 2Q, 1�92. BY ORDER OF THE CITY COUNCIL
fs�_Kathleen Swanson
City Cierk
Additianal information
may be obtained from:
THE SHAUGHNESSY COMPANY
596 Endicott on Robert Building
P.O. Box 1470
St. Paul, Minnesota 55101
Telephone No.: (612) 227-6691
227113
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�
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MENDOTA HEIGHTS, MINNESOTA
HELD: October 20, 1992
Pursuant to due call and notice thereof, a regular meeting
of the City.Council of the City of Mendota Heights, Dakota
County, Minnesota, was duly called and held at the City Hall in
said City on Tuesday, the 20th day of October, 1992, at
o'clock .M.
The followinq members were present:
and the following were absent:
Member introduced the following
resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC SALE
OF $1,470,000
GENERAL OBLIGATION IMPROVEMENT BONDS OF 1992
BE IT RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. Findinq; Amount and Purpose. It is hereby found,
determined and declared that this City should issue $1,470,000
General Obligation Improvement Bonds of 1992 (the "Bonds") to
finance the construction of various improvements within the City
and to provide funds to pay on February 1, 1993, all of the
General Obligation Improvement Bonds of 1978, Series A, dated
November 1, 1978 which then remain outstanding.
2. ,Pippointment of Financial Advisor.
does hereby appoint The Shaughnessy Company,
Minnesota, to act as its financial advisor to
sale of the Bonds.
227113
The City Council
in St. Paul,
the City for the
�
.�
3. �eetincx. �This Council shall meet at the time and place
specified in the form•of notice hereinafter contained for the
purpose of opening and considering sealed bids for, and awarding
the sale of, the Bonds.
4. �Iatice of Bond Sale. The City Clerk is hereby
authorized and directed to cause notice of the time, place and
purpose of said meeting to be published in the official newspaper
of the City and in the Northwestern �'inancial v' w not less
than ten (10) days in advance of date of sale, as provided by
law, which notice shall be in substantially the form set forth in
E�ibit A attached hereto.
5. Official Terms of Bond Sale. The terms and conditions
of said Bonds and the sale thereof are fully set forth in the
"Official Terms of Bond Sale" attached hereto as Exhibit B and
incorporated herein by reference.
6. Official Statement. The City Clerk and Treasurer and
other officers or employees of the City are hereby authorized to
par�icipate in the preparation of an official statement for the
Bonds with The Shaughnessy Company.
The motion for the adoption of the foregoing resolution was
duly seconded by member and, after full
discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and
adopted.
�
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0
EXFiIBIT A
NOTICE �F BOND S��LE
$1,47Q,Q40
CTTY OF MEND4TA HEIGHTS
DAKOTA COUNTY
MINNESOTA
GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1992
Sealed bids for these bonds wi].1 be opened and cansidered for
award an Tuesday, December�i, 2992, at 7:30 P.M., Central Time,
by �he Gity Council at the City Hall in Mendota Heights,
Minneso�ta. The bonds will be dated December 1, 1992, and
interest will be payable August 1, 1993 and semiannually
thereafter. The bonds will mature an August 2 in the years and
amounts as follows: .
Year
1993
1994
I995-1997
1998
Amount
$11Q,Od0
165,000
170,04Q
175,000
All dates are inclusive.
Year
i999
2000-2003
2004-2008
2009-2011
Amount
$385,004
45,000
2Q,OQ0
15,000
Bidders must specify a price of not Iess than $1,455,000 plus
accrued interest. An approving legal opinion will be furnished
by Briggs and Morgan, Prafessional Assaciation, of St. Paul and
Minneapalis, Minnesota.
Bidders should be aware that the Official Terms of Bond Sale to
be published in the Officia2 Statement for the sale may contain
additional bidding terms and information relative to the Issue.
In the event of a variance between statements in this Notice of
Bond Sale and said pfficial Terms of Bond Sale the pravisians of
the latter shall be thase to be complied with.
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0
Dated: October 20,•1992. BY ORDER OF THE CITY COUNCIL
/s/ Kathleen Swanson
City Clerk
Additional information
may be obtained from:
THE SHAUGHNESSY COMPANY
596 Endicott on Robert Building
P. O. Box 1470
St. Paul, Minnesota 55101
Telephone No.: (612) 227-6691
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CITY OF MENDOTA HEIGHTS
October 13, 1992
TO: Mayor, City Council and City Admini
FROM: Klayton H. Eckles ��N� `/
Asst. City Engineer
SUBJECT: Ivy Falls Creek
Revised Feasibility Report
7ob No. 9216
Improvement No. 91, Project No. 6
INTRODUCTION:
In the original feasibility report for Ivy Falls Creek the conclusion was reached that the
City must take action to alleviate erosion problems in the creek. The report discussed gabions
as the most effective method of controlling erosion. Several funding methods were discussed,
but no conclusion was reached on what method would be the best way to finance the project.
After the original report was completed, Council held a hearing on the project. It was
decided that the financing issue should be e�camined more thoroughly and that Wenk and
Associates should be hired to review the proposed design.
The financing issue was examined at a CounciUStaff workshop on October 6th. Since
the time of the heari.ng staff has altered the design to incorporate suggestions from Wenk ancl
Barr Engineering, and to incorporate some cost cutting measures developed by staff.
The purpose of this memo is to update and revise the original feasibility report and
provide the information necessary for Council to answer the remaining questions surrounding
the project. The information in the original report is still valid except where this update takes
precedence.
DISCUSSION•
The issues to be discussed include revised design and pmject scope, revised cost estunate,
summary of financing plan, estimated time line and recommendations.
Revised Desien
The original feasibility report recommended gabion drop structures for stabilizing the
creek bed and gabion walls for side slope protection. Staff has since looked at other creek
projects designed by Barr Engineering (Battlecreek, Fish Creek, and Carver Ravine) aad has
O
�
reached the conclusion that proposed desiga can be altered to eliminate the gabion side slope
protection. Instead the areas where the creek has scoured a deep channel can be filled to
eliminate the steep slopes. This will result in a more permanent solution requiring less
maintenance, and it will cost less too.
The new desiga also incorporates some of the findings in the Wenk report. The report
recommends that a permanent erosion mat be used to stabilize areas with steep side slopes. This
will add to the overall cost, but the final product will look better and will require less
maintenance.
During the course of the various studies, several minor erosion problems have Ueen
discovered. Council indicated at past meetings that we should fix all the erosion problems in
the area if they are located within the scope of the project. Repair of the e�sting gabions,
repair of several culvert outlets and filling of a side ravine are items that would be addressed.
The extra cost has been included in the cost esti.mate of the project. Adding these improvements
increases the area. of assessment by a few properties.
One other alteration of the original desiga is regarding the First Addition reach. Recall
that this creek section has lower flows with only three properties abutting it, and the property
owners have raised varying levels of opposition to the project. For these reasons the proposed
conecfions to this sect�on were dramatically reduced, thus reducing the overall project scope and
cost.
One clarification of the original feasibility report has been made in regards to the Doyle
property. Three different options have been discussed for this property, one might allow for
development of a new lot. 5ince Mr. Doyle has voiced many objections to the project, staff has
determined that the best course of action would involve stabilizing the creek on the Doy1e
property without the use of expensive pipe. If Mr. Doyle desires more thaa a stabilization
project, he has the option of petitioning the City for improvements.
Revised Costs
The cost to constn►ct the project with the revisions listed above would be about 10 °Jo less
than the original estimate. The new estimated project cost is $1,000,000. The savings come
from the elimination of most of the work in the First Addition reach, and also savings from the
desiga change in the method of side slope protection (filling in lieu of gabion walls).
�nancing
On October 6th Council and staff held a workshop to discuss the questions surrounding
the fundi.ng issue. A conceptual plan for the funding was developed which is shown below.
Note that a"Y" indicates this method was generally favored by the majority of the Council and
a"?" indicates an issue that was unresolved.
Y- Insure that West St. Paul contributes its fair share as indicated by WMO
formulas.
r`
f
r`
Y- Assess no more than 15 °6 of the total project cost to properties along the creek.
Y- Use Tax Increment Financing to assist in enlarging the pond an North Ivy Hills
Park.
?- Continue collecting the taxes for creek improvements that were put in place as
a result of an earlier project.
Y- Set up a storm water utility that could be used to cover the remaining project
costs.
The only unresolved fuading issue is the continued use of general taxes to help pay for
the project. Assessments on individual properties have been reduced an average of 30 °lo from
the original levels. The attached assessment roll is provided for Council's review.
Revised Time Line
. If Council takes action at this ineeting the feasibiYity and assessment hearing could be held
at the November 17, 1992 Council meeting. This hearing would allow an ample opporlunity
to clearly communicate to �affected homeowners the details of the project and allow them an
opportunity to provide input. Once all questions are answered and the hearing is closed, design
could begin. Desiga could be completed this spring, and the project could be constructed over
the summer (after the spring rains).
RECONIlVIENDATION:
I recommend the following:
1. Council approve the funding plan as discussed including use of an ongoing creek
improvement tax.
2. Council direct staff to prepare a Storm Water Utility proposal for review at the
next Council meeting.
3. Council appmve engineer's report and order a public hearing to consider the
fea.sibility and assessments on November 17, 1992 at 8:00 P.M.
ACTION REOUIRED•
If Council concurs with the recommendation they should pass a motion adopting
Resolution No. 92-_, ItESOLUTION ACCEPTING ENGINEER'S REPORT AND
CALLING FOR A FEASIBILITY AND ASSESSMENr HEARING FOR
IMPRO`'EM�NTS TO SERVE IVY FALLS CREEK A1�TD ADJACENT AREAS
(IlVIPROVIIViENT NO. 91, PROJECT NO. �
'1
City of Mendota Heights
Dakota County, Minnesota.
RESOLUTION NO.
RE50LUTION ACCEPTING ENGINEER'S REPORT AND
CALLING FOR FEASIBILITY/ASSESSMENT HEARING ON
IVY FALLS CREEK DRAINAGE SYSTEM IlVIPROVIIVIENTS
(IlVII'ROVEMEN'� NO. 91, PROJECT NO. �
WHEREAS, the City Engineer has submitted his regort to the City Council with respect
to the proposed construction of the following improvements to serve the Ivy Falls Creek and
adjacent areas, to-wit:
The construction of a storm sewer and drai.nage system including appurtenances and
incidentals thereto and the acquisition of easements, in and for the area hereinafter more
particularly described. � ' � � '
WHEREAS, the area for the proposed improvements and to be assessed for said
improvements is situated withia the City of Mendota Heights in Dakota County, Minnesota and
is more particularly described as follows:
Portions of Ivy Falls Addition, Ivy Falls 2nd Addition, Clapp-Thomssen ivy Hill, Ivy
Falls West 2nd Addition and Bauer's Acre Lots, Mendota �ieights, Dakota County,
Mi.nnesota
WHER�A3, in said report, the City Engineer reported that the proposed improvements
and construction thereof were feasible and desirable and further reported on the proposed costs
of said improvements; and
WHEREAS, the City Council, with the aid of the City Engineer, has determined the
total costs expected to be incurred for the constiuction of said improvements.
NOW 7'HEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Mendota Heights, Minnesota, as follows:
1. That the feasibility report of said City Engineer be and is hereby accepted.
2. That the cost of the above described improvements shall be assessed against all
properties benefitted by said improvements.
3. That a public hearing on proposed improvements/assessments be held on Tiiesda.y,
November 17, 1992 at 8:00 o'clock P.1Vd., or as soon as possible thereafter, at
the Mendota Heights City Hall at 1101 Victoria Curve, in the City of Mendota
Heights; and �
r•
4. That the City Clerk, with the aid and assistance of the City Attomey, is hereby
authorized and directed to prepare and attend to the publication and mailing of the
necessary notices of said hearings all in accordance with the applicable Minnesota
Statutes.
5. That the City Clerk shall file in her office for public inspection the proposed
assessment roll for the above described improvements.
Adopted by the City Council of the City of Mendota Heights this 20th day of October, 1992.
ATTPST:
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HIIGHTS
By
Charles E. Mertensotto, Mayor
ASSSSSMsF21T P�I2IdD CITY OF MBNDOTA HSZGHTS ASSBSSMBNT RATSS:
19 yeara ASSfiSSi�ffiNT ROLL Frontage -$16.95 per exposed foot
'1� Interest IVY FAI.�,S CRB�K IMPRQVEMBNTS Area -$Q.494$ per equare foat
Jd$ N0. 9216, IMPROV�NT N4. 91-6
ATIOPTBD.
PARCEL REPUTfiD OWNSR AND SUBDIVISION
N0. DfiBCRIPTION
27-17850- Chria Dayle Clapp-Thomsaen ivy Hiil
Olq-40 642 Maple Park I}rive
Mendota Heights, MN 551i8
27-13354- Frank C. Mullaney Bauers Acre I�ots
031-00 1200 Sy7.vandale W 140 feet oi
Mendota Heights, I�i 55118
29-37fi00- gllis & Bdythe Abrahamson ivy Falls Addition
070-06 714 Maple Park Court
Mendata Heights, �1 55118
27-3760p- Thomas Peine Ivy Falls Addition
480-QB 746 Maple Park Court
Mendota Heights, MN 5511$
27-3760fl- Joan S. 0"Brien ivy Falls Addztian
090-06 1199 Falls View Court
Mendota Heighte, �IIT 55118
27-37600- '• (lartis J. & Shirley M. Bute Ivy Falla Addition
100-06 1200 Fal1a View Court
Mendata tieights, MN 55218
�2?-37600- William C. & J'oan K. Gacki Ivy Fal1a Addition
� I10-06 II98 Fa21s View Court
Mendota Heights, MN 5511$
TAT BLK. FRONTAGT ARBA
N0. NQ. ASSisSSMENT ASSfiSSMis�`i
1 --- $3,051.00 $3,412.80
1 --- $339.40 $1,977.53
7 6
[��
�
$0.00 $2,322.6fl
$0.00 $1,872.30
$O.dO $3,564,48
10 6 $4,525.65 $4,597.80
11 6 $1s356,00 $3,365.44
TOTAL
$6,463.80
$2,316.53
$2,322.60
$1,872.30
$3,564.48
$9,123.45
$4,721.4Q
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PARC�L R�PUTSD OWN�R A�TD SUBDIVISION
N0. DfiSCRIPTION
27-57600- Leon Goodrich - Ivy FaI3.s Addition
190-06 Ivy Falls Homeocmere Asaoc. Outlot C
i157 Cascade Lane
Mendota Heights, MN &5118
27-37602- Leon Goodrich Ivy Ralis 2nd Addition
010-00 Ivy Falls Homeownera Asaoc. Outlot A
1157 Cascade Lane
Mendota Heights, MM@II 55I18
27-57601- Lean Goodrich Ivy Falls 2nd Addition
020-00 Ivy �alls Homeowners Assoc. {}utot B
1159 Cascade Lane
Mendota Heighta, MN 55118
27- 7600- Jerald B, & Donna Oatergren ivy Falls Addi.tion
140 06 680 Maple Park Drive
Mendota Heights, MN a5118
27-37600- Maurizio Nisita Ivy Ralle Addition
150-06 676 Maple Park Drive
Mendota Heights, I�T 55118
2�-37604- Robert D. & Marle Field Ivy Falls Additian
160-06 670 Maple Park Drive
Mendota Heights, L43 55118
27-37600- '' Francia Denis • Ivy Falls Addition
150-06 1165 Sylvandale Road
Mendota Heights, MN 5511$
2?-37601- Gary R. Kravitz Ivy Fa12s Znd Additian
Old-00 Anna F. Scharer Outlat A
739 Knolltrood Court
Mendata Heights, l�i 55118
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itfji�k:;: ��K9it�% iii. ;:t�i ,:�.::.:;;.;' . .. :•:fi=:�: ;:}�';:;�,
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L(Y,� BLK. FRONTAG� AR�A
N0. N0. ASSfiSSMBNT ASSBSSMBNT
$d.00 $0.40
$fl.4Q $0.44
$0.00 $0.00
�
15 6 $4,593.45 $5,024.40
15 6 $3,356,1.0 $3,412.8Q
16 6 $0.00 $2,903.$0
18 6 $4,237.50 $4,199.64
--- --- $O.OQ $777.36
m
$0.00
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$0.00
$9,617.$5
$6,758.90
$2,701.80
$8,437.14
$777.36
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PARC�L RFPiJT�D OWNFsR AND SUBDiViSIflN
N0. DESCRIPTION
27-37601- John L. & Marjarie Brassard Ivy Ra11s 2nd Addition
010-01 12Q5 Sylvandale Road
Mandata Heights, MN 55118
27-37601- Harry A. Hammerly Ivy Falls 2nd Additi.on
420-t}1 861 Zvy Falla Court
Mendota Heights, MN 55118
27-37601- Burton G. Ross Ivy �a].2s 2nd Addition
030-01 667 Ivy �alis Court
Mendota Heighta, MN 55118
27-37601- Norman & Helen Lorentzen ivy Falls 2nd Addition
040-01 675 Ivy Falla Gourt
Mendata Heights, Mt3 55218
27-37601- firic K. & Marilyn Miller Ivy Falls Znd Addition
054-41 681 Ivy Falla Court
Mendota Heighta, MN 55118
27-37SU1- Diane Smoakler Ivy Ralls 2nd Addition
06Q-01 6$2 Ivy Falls Court
Mendota Heigbta, MN 55118
27-37601- John M. & Marcella R. Alton ivy Falls Znd Addition
070-01 678 Ivy Falls Court
Mendata Heights, MN 55118
27-37601- Richard B, & Tlorothy (:arley Ivy Falls 2nd Addition
080-01 1271 Sylvandale Road
Mendota Heights, P4d 55118
27-37601- Marion & Annette Newman ivy Falls 2nd Additi.on
O1Q-02 1298 Sylvandale Road
Mendota Heights, I�ti 85118
LOT BLK. FROt3TAG� ARBA
N0. N0. ASSFsSSMENT ASSfiSSMENT
1 1 $2,508,60 $2,142.48
2 1 $1,779.75 $2,450.58
3 1 -.. $2, 745.90 $2:801.34
4 1 $4,915.50 $3,332.22
5 1 $4,440.90 $5,673.78
8 1 $4,152,?5 $2,738.42
7 1 $1,474.65 $2,346.30
8 1 $2,118.75 $2,057.16
1 2 $4,949.�4d $4,0&2.38
TO�AL
$4,651.08
$4,230»33
$5,54T.24
$8,24T»72
$10,114.68
$6,868.77
$3,820.95
$4,175.92
$9,41i.b$
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� PARCBL RTPUTSD OWNSR AND SUBDIVISION
N0. DBSCRIPTION
27-37601- Allan & Agnee Taylor Ivy Falls 2nd Addition
020-02 1297 Sylvandale Road
Mendota Heighta, t�1 55118
27-37601- Leonard H. & Wilma J. Levitan ivy Falls 2nd Addition
030-02 699 Sylvandale Court
Mendota Heighta, MN 55118
27-37601- ]sul S. & Sue J. Kang Ivy Falls 2nd Addition
040-02 705 Sylvandale Court
Mendota Heights, MN 55118
27-37601- Harvey W. & Dorothy B. Miller Ivy Falls 2nd Addition
050-02 715 Sylvandale Court
Mendota Heights, I�1 55118
27-37601- Joaeph N. & P.A. Pedrolie Ivy Falls 2nd Addition
010-03 1280 Sylvandale Road
Mendota Heights, MN 55118
27-37601- John D. & Virginia A. Overbye Ivy Falls 2nd Addition
020-03 1286 Sylvandale Road
Mendota Heighta, MN 55118
•27-37601- Richard M. & Susan G. Arndt Ivy Falls 2nd Addition
130-03 669 I,aura Court
Mendota Heights, hRT 55118
27-37601- Jerome B. & Roberta Crary Ivy Falls 2nd Addition
140-03 1313 Laura Court
Mendota Heights, MN 55118
27-37601- Robert G. & Sharon Flynn ivy Falle Znd Addition
150-03 1299 I,aura Court
Mendota Heights, MN 55118
_;
IAT BLK. FRONTAGB AREA
N0. N0. ASSTsSSIIISNT ASSSSSMSNT
2 2 $3,881.55 $2,298.90
3 2 $2,186.55 $2,497.98
4 2 $3,390.00 $2,578.56
5 2 $0.00 $3,825.18
1 3 $0.00 $1,967.10
2 3 $0.00 $1,824.90
13 3 $0.00 $2,047.68
14 3
15 3
$0.00 $1,900.74
$0.00 $2,128.26
TOTAL
$6,180.45
$4,684.53
$5,968_56
$3,825.18
$1,967.10
$1,824.90
$2,047.68
$1,900.74
$2,128.26
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PARCFL REPUTfiD OWNfiR AND
N0. DfiSCRIPTION
27-37676- Gary R. Kravitz
161-01 Anna fi. Sehorer
739 Knollwood Court
Mendota Heights, MN 55118
27-37676- David A. & Mary M. Libra
170-01 737 Knollwood Court
Mendota Heights, I�T 55118
SUBDIVISION
Ivy Falls Weat 2nd Addition
Pt of Lot 16, Blk 1 Lying B
of Line Parr to & 100 ft B
of as meas at RA to W Line
Lot 16 Subj to fismnt
Ivy Falls Weat 2nd Addition
LOT BLK. FRONTAGE ARTA
N0. N0. ASSfiSSMfiNT ASSFSSI�NT
16 1 $0.00 $1,820.16
17 1 $0.00 $2,274.25
ga
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$1,820.16
$2,274.25
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CITY OF MENDOTA HEIGHTS
MEMO
October 20, 1992
TOe Mayor and City Council
FROM: Tom Lawell, City Administ
SUBJECT: Community Air Noise Update
DISCIISSION
As you know, the Metropolitan Airports Commission is currently
conducting an analysis of the Eagan/Mendota Heights Aircraft
Corridor to determine if the corridor width should be expanded,
contracted, or left unchanged. The MAC Planning and Environment
Committee will reconsider this item on Tuesday, November 3rd
beginning at 1:00 P.M.
Councilmembers are encouraged to attend this meeting if
possible to lend credence to the importance of this issue within
our community. In addition, it would be helpful if all
Councilmembers could also contact members of the P&E Committee via
telephone in support of the City's•position. A three page briefing -
document is attached for your use along with a map of the flight
corridor and a membership roster for the P&E Committee.
ACTION REQIIIRED
None. This item is included for general Council information
and to prepare you for the upcoming P&F Committee meeting.
Please let me know if you will be available to attend on November
3rd.
MTL:kkb
�
+S j
CITY OF MENDOTA HEIGHTS
AIRCR.AFT NOISE BRIEFING DOCUMENT
OCTOBER 19, 1992
THE PROCESS
On Tuesday, November 3, 1992 the MAC Planning and Environment
Committee (P&E) will vote on the future of the Eagan/Mendota
Heights Aircraft Corridor. At issue is whether or not the corridor
limits should be expanded, contracted, or left unchanged. The
recommendation of the P&E Committee will then be forwarded to the
full MAC for consideration on November 16, 1992.
THL POSITIONS
The City of Mendota Heights has consistently maintained that
the existing flight distribution pattern is unfair to our residents
because the existing hinged corridor forces aircraft north into
Mendota Heights. A narrower corridor would further concentrate
aircraft noise over long standing residential areas worsening the
situation rather than improving it. For these reasons, the City
Council has repeatedly aaked MAC to revise the corridor to disperse
the aircraft noise over an equal amount of air space on either side
of the runway centerlines.
� The City of Eagan has maintained that an agreement was
formalized in the early 1970's not to fly aircraft south of the
extended runway centerline of the south parallel runway. Because
they made subsequent land use decisions based on this agreement,
they feel it unfair to expand the corridor into their community.
MAC staff has asserted that any further expansion of the
corridor will result in new noise impacts in previously unimpacted
residential areas. For that reason, they are opposed to corridor
expansion. Instead they have proposed that the more narrow
corridor�iundariea tested during the sixty day test ran 1•ast Fall
be made �,...-rmanent .
Several members of the P&E Committee have questioned whether
the current corridor procedure over Eagan and Mendota Heights is
still valid given today's operating conditions. On September 8th
the P&E delayed action'on the narrowed corridor procedure pending
further analysis y� their staff.
THE POINTS
� The current rules affecting departures over Mendota
Heights and Eagan were put into place in 1972 - twenty
years ago.
�
�
;
THE DgTAILS
Currently aircraft departing Runways 11L and 11R utilize a 28
degree cone of operations. Aircraft departing 11L are given as
much as a 090 degree heading. Aircraft departing 11R are given no
more than a 118 degree heading. There is no difference between
peak and non-peak departure periods, meaning that an aircraft may
be directed over Mendota Heights residential areas during non-peak
periods even though a flight path over the industrial park/freeway
area is wide open.
Mendota Heights would like to see two different procedures
utilized to account for peak and non-peak periods. During peak
periods, aircraft should be assigned headings between�090 degrees
and 150 degrees, equalizing the amount of available air space on
either side of runway centerline. Aircraft would not be allowed to
turn off these headings prior to three miles from runway end. This
fanned corridor would be in effect only during periods of peak
departures - approximately 5 to 6 hours per day during the week,
and approximately 3 hours per day on the weekends.
During non-peak periods, Mendota Heights encourages
utilization of the industrial/freeway area to minimize residential
noise impact. During periods of low departure traffic, aircraft
departing i1R should be assigned a heading of 105 degrees and
aircraft departing i1L should be assigned runway heading.
�
W
N
�1
� ..�.- . ...+-�r ,r�.r. �R� A�IIh ,
City��of Mendota Heights
David 8raslau Assaciates, Inc.
Robert Collette
Evalauation
of the
Eagan%Mendota Neights
Corridor
\
Exhibit 3.2
Proposed Hub-Push
Departure Tracks
�, • ., •
��
MET'p�PQUTAN AIRPORTS CC7MMiSSl�N C�N1M!'T'i'EES
. �992 .
QQMMSTTEE MEMBERSHIP. '
MANAG�MENT ANO OPERATiONS CQMMITiEE
Marlc 8rataa�s+ Chairpersan
Clinton Dahl, Yice� Chalrpe�son
Kertneth 'Chip� Gtaser
Virginta t,artagran
Tim Lovaasen "
rommy Me�ickel •
• Howa�d Mneller
Pattick O'Neift
FSye PeVOn
PLANNWG AND EMlIRONMEi�1' C4MMRTEE
Patrick 0'Neill� Chairperspc� -
Aaon J. Gasper, Vice Chairperson
Madc� Brataas
�an Oel Cat�o
t.�wrel Eridc;on
John Mimle .
Nidc Manani
Tommy,Merickel �
AUOR M1D COMPl1ANCE CQMMi17E�
• Kenr�attt'Ch{p• Glasert Chairperson
Cii�ton Oaht
� Ttm t.ovasaen �
. FBYQ P.BtCOt�
A�FER�AA7iY� AG1'IQN COINMTifEE
Jonn Himle� Chairpe�son
V'u�inia l.a�rtegran
Howatd Mu�ller
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STA�F AEPRESENTq'�yE
Lynn Richardson
Ni�et finney
Qenise ita.utzer
Harriette Andersan
Comm#ttee/August t ss2
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METAOF�OtJf'MI uRP�0AT8 OOiAMR38rON
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Horton Haidinq, lnc.
P.O. Bax Si466
Minneapofia, MN 3S4�+to
SS2J378$14p - FAJC; Sc^?,6700
D�A,F�t[. Ctirnan O.
Y�ce Ct�simwe
10i Lea Avenue
Jaoktoa, MN 68143
507-847-426lS
PEtf�iDt�t� Faya N.
Tre�aacttrar
Caurfhouea
Li[tle Fs(le, MN s�r343
81 c'+l832-2941
E3FtATAAB, Mer1c (i.
C'.oinm[sslcrnef
Mayo Glinio - Emeriws 8taff
Aoohsat�t, MN b6�Ob
541•2842B8i FAX:60T•288-4341
tlE,1 CAt�t�, .lan
{;oti�mieeio�nat
Minneapolie Ciy Counc)(
' 307 Ciry Hatt
Minnoapolis, MN 6b41lf
e�2l873-3�92 FAX,673-3940
EFtiCK�SO�+l. (.attte! W.
Co�nml�
20 8ocrth 26th Avanuc East
duiurh, Mhi 5sst2
218172&1$93 fAX:219/628�32d5
C�A3PER, Aibs J.
CaRfiiesionet
3M!lttd. Ch�mtonl Producic Qtv.
Bld�. 224-SAl-04, 3M C�ntar
8t Paut, Mt� btii44-1o00
612R33-6ilS3 EAX:733-d33b
i3�.� I�iiftflolil �G1��
Commi�Jor�r
K. Charfmo povolopmertt Carp.
P.O. Bax 24l928
Edtna, MN 66d2d
6! 21828-Oa380 FAX: 829-q890
HIMtE,3ohn
Cott�mkssiorsr�r
Ftimle Florner, l�c.
8300 Norman Cantmr Dr. #12$0
8loomin8fon, MN bb497
612J88306�31 FAX:883�8462
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!Al�IEC�F�A%1. Y(Qtii'r8 '
Camrt+'�asianef �
li18 8tate O�fiae Buiidin�
8t. Paui, MN b5t 35 j
61212�6-281i9 FAX:297-5609 I
UWAAeEN, Tim
Commiasior�
Gomm. Worksra of Art�etica
Loaa! ?20Q
3,52! Easi Gek� Stroot
Minn�spoiis, MN 6lu08
6t21472�f FAX: ?22t274
MAIsdNi, Nbk
Gommi�ear+er
Manolnt's Char House
531 Weet 7th 8t�eet
8� Paul, MN a6To2
612l224.7345
MEt�1, Thomas
fi.��mm�asionw�'
Pdn# Craft, Irta.
315 F�fth Avenue NW
b't. Paut, MN 66112
6121E33-8122 FAX:633-1862
MUELL�F; t�bwo�d !
Canmfcsbnro� .
Teameter�. �acs! 1445
2�36 PorUand Avenue Sauth '
Mlnneapolls, MN s3447 :
6i?1671-580i FAX:871•8709 ?
O`NEitj.� Prdrlok
CcmmirRlanet
0'NeUl, Surke, O'Nelll
LoonuQ ,� O'6rl�n
8C0 lVotwsst Gntar
as ea�t a�n st�a�t
S`t. Paut, MN 8diC1
6t?.1227-5505 FAX:29?-8$4t
tt4tltiRft�t1ltft!!l�tfl�t�fft
arMM�sato� c�rrraLr:
lynn 8orenaen, Comrtti�sion 8�e«emry
MQtropofitan Afrparta Commtsatan
6040 • 28th Ave�ue 8outh
Mlnnoapoils, MN b64b0
612J726�Bi 68
6uetness • 8/92
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