HomeMy WebLinkAbout1991-10-7/21_COUNCIL PACKETAGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL
OCTOBER 7, 1991
7:00 P.M.
ROLLCALL - HRA & COUNCIL
ADOPTION OF CONSENT AGENDA ITEMS -
Commissioners as to HRA items and by the
agenda items marked with an asterisk (*)
are considered to be routine and will be
separate discussion of such items unless
requests, in which case the item will be
on the Agenda.
in its
normal sequence
Adoption of Consent Agenda Items is made by the
Council Members as to Council items. All
and in bold print are Consent Agenda Items
enacted by one motion. There will be no
a Commissioner or Council Member or
removed from the Consent Agenda and
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
* I. APPROVAL OF MINUTES of HRA Meeting of September 23, 1991
II. AMENDMENT OF ASSESSMENT AGREEMENT - Centennial Lakes Condominiums
* III. PAYMENT OF HRA, CLAIMS
III. ADJOURNMENT
EDINA CITY COUNCIL
* I. APPROVAL OF MINUTES of Regular Meeting of September 23, 1991
*
*
and
citizen so
considered
II. PUBLIC HEARINGS ON SPECIAL ASSESSMENTS Affidavits of Notice by Clerk. Analysis
of Assessment by Manager or Engineer. Public comment heard. Action of Council by
Resolution. 3/5 favorable rollcall vote of all members of the Council required to
pass.
A. Alley Improvement No. E-32 - Alley between Oxford Av and Bedford Av South of
51st St (Contd from 09/23/91)
B. Street Improvement No. BA-292 - Lincoln Dr from South lot line of Lot 1,
Blk 1, Interlachen Hills 3rd Addn, south to mid -block of Lot 2, Blk 2,
Interlachen Hills 3rd Addn
III. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk.
Presentation by Planner. Public comment heard. Motion to close hearing. Zoning
Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all
members of Council to pass. Final Development Plan Approval of Property Zoned
Planned District: 3/5 favorable rollcall vote required to pass.
A. Preliminary Rezoning PCD-4 to PCD-2 Planned Commercial District - 5100
Vernon Av - Semper, Inc. (Contd from 09/23/91)
B. Tract R. RLS No. 1050 - Normandale Golf Area (Continue to 10/21/91)
1. Comprehensive Plan Amendment - Quasi -Public to Public and Office
2. Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2
Planned Office District and Preliminary Plat Approval
C. Final Plat Approval - Ratelle Hills Addition - Lot 5, Block 1, Indian Hills
D. Appeal from Board of Appeals Decision - Sideyard Setback Variance - 5004
Bruce Avenue
E. Lot Divisions
1. Lot 1, Block 1 and Lot 2, Block 1, Indian Hills 3rd Addition
2. 6615 Belmore Lane
Agenda
Edina City Council
October 7, 1991
Page 2
F. Set Hearing Date - Preliminary Plat Approval - Asra Ashraf Addition - North
of Crosstown Highway and east of Vernon Court (10/21/91)
IV. SPECIAL CONCERNS OF RESIDENTS
V. AWARD OF BIDS
* A. Sign for Vernon Avenue Liquor Store
B. Range Balls - Braemar Golf Course
* C. Paper Supply - About Town Magazine
VI. RECOMMENDATIONS AND REPORTS
A. 1992 Cultural Expo - Dorie Barman
B. 1992 Recycling Contract
C. Park Board Appointment (Sour replacement)
D. Recycling Commission Appointment (Sweeny replacement)
E. Andover Road/West Shore Drive Report
VII. COMMUNICATIONS AND PETITIONS
A. Petition for Vacation of Alley - Seelys 1st Addition to Hawthorne Park -
Set Hearing Date (11/04/91)
B. Petition for Street Vacation - Harvey Lane - Parkwood Knolls 20th Addn
(11/04/91)
VIII. INTERGOVERNMENTAL ACTIVITIES
IX. SPECIAL CONCERNS OF MAYOR AND COUNCIL
X. MANAGER'S MISCELLANEOUS ITEMS
XI. FINANCE
* A. Payment of Claims as per pre -list dated 10/07/91: Total $816,282.97
SCHEDULE OF UPCOMING MEETINGS/EVENTS
Mon Oct 21 Regular Council Meeting
Sat Oct 26 Ordinance Codification Work Session
Mon Nov 4 Regular Council Meeting
Mon Nov 11 VETERANS DAY - CITY HALL CLOSED
7:00 P.M. Council Room
8:00 A.M. Arneson Acres
7:00 P.M. Council Room
Mon Nov 18 Regular Council Meeting 7:00 P.M. Council Room
(Truth in Taxation Hearing)
Sat Nov 23 Ordinance Codification Work Session 8:00 A.M. Arneson Acres
MINUTES
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
SEPTEMBER 23, 1991
ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith and
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion was made by Commissioner Smith and was
seconded by Commissioner Kelly to adopt the HRA Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF THE MEETING OF SEPTEMBER 9. 1991 APPROVED Motion was made by
Commissioner Smith and was seconded by Commissioner Kelly to approve the HRA
Minutes of September 9, 1991.
Motion carried on rollcall vote, five ayes.
*CLAIMS PAID Motion was made by Commissioner Smith and was seconded by
Commissioner Kelly to approve payment of the following HRA claims as shown in
detail on the Check Register dated 9/23/91, and consisting of 1 page totalling
$86,512.81; and for confirmation of payment of the following HRA claims as
shown in detail on the Check Register dated 8/31/91, and consisting of 1 page
totalling $25.00.
Motion carried on rollcall vote, five ayes.
There being no further business on the HRA Agenda, Chairman Richards declared
the meeting adjourned.
Executive Director
REPORT/RECOMMENDATION
To: HRA
From: GORDON L. HUGHES
Date: OCTOBER 7, 1991
Subject:
AMENDMENT OF ASSESSMENT
AGREEMENT - CENTENNIAL
LAKES CONDOMINIUMS
Agenda Item # BRA III.
Consent
Information Only
Mgr. Recommends
Action
L
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Authorize Chairman and Secretary to authorize an Amendment to the
Assessment Agreement which would remove the three percent annual
increase in market values of Centennial Lakes Condominiums.
Info/Background:
All properties in Centennial Lakes and Edinborough are subject to
assessment agreements. The assessment agreements establish a
minimum market value for property tax purposes with respect to
each property. The owner of each property subject to an
assessment agreement cannot appeal, either administratively or
judicially, for a reduction in the market value of the property
below the minimum established by the assessment agreement. The
City Assessor is free to value property above the amount
specified in the assessment agreement. However, the property
owner may appeal such a valuation but not to a point below the
base value of the agreement.
Assessment agreements are one of the tools used by the HRA to
"guarantee" the generation of tax increments in amounts
sufficient to retire our bonds. In the case of Edinborough, the
assessment agreements provided that the minimum market value for
Report/Recommendation
Amendment to Assessment Agreement
October 7, 1991
Page two
the Edinborough Corporate Center and the Edinborough Park Plaza
would increase for a period of five years at the annual rate of
three percent. Although the Edinborough Condominiums established
a minimum market value, no annual escalator was provided in the
assessment agreement due to the concern that such an escalator
could chill sales of individual condominium units. In the case
of Centennial Lakes, an annual increase of three percent was
provided in the assessment agreements for all properties
including the Centennial Lakes Condominiums. This three percent
increase was not limited to five years as is the case at
Edinborough, but rather until all bonds were repaid for the
development, i.e., approximately 20 years.
The attached letter from Jonathon Scoll, Attorney for the
Centennial Lakes Housing Partnership, requests that the annual
three percent escalator clause be removed from the assessment
agreements relative to the Centennial Lakes Condominiums.
Apparently the escalator clause has been the subject of concern
by the buyers of the Centennial Lakes Condominiums, especially
the higher priced units.
In my opinion, the requested amendment to the assessment
agreement is in order. I believe that the purchasers of
Centennial Lakes Condominium units should be bound by the same
requirements as the purchasers of Edinborough Condominiums.
Instead, purchasers at Centennial Lakes are obliged to accept
potential valuation increases that could cumulatively total over
80% during the term of the assessment agreement while Edinborough
homeowners are not faced with this potential increase.
DOHERTY
RUMBLE
& BUTLER
PROFESSIONAL ASSOCIATIOv
2900 Minnesota World Trade Center
30 East Seventh Street
Saint Paul, Minnesota 551(11-4999
Telephone (6121 291-9333
FAX (612) 291-Q313
3750 IDS Tower
80 South Eighth Street
Minneapolis, Minnesota 55402-2252
Telephone (612) 34(1-5555
FAX (612) 340-5584
Magruder Building
1625 M Street, N.W.
Washington, D.C. 20036-3203
Telephone (202) 293-0555
FAX (202) 659-0466
Attorneys at Law
Writers direct dial number
July 26, 1991
Mr. Gordon Hughes
City Manager
City of Edina
4801 West 50th Street
Edina, MN 55424
612-291-9427
Re: Centennial Lakes Condominium - Phase V
Assessment Agreement
Dear Gordon:
Reply to Saint Paul office
As we move into the pre -sale phase on Building V of Village
Homes at Centennial Lakes Condominium, Larry Laukka and I are
both concerned about the operation of the assessment agreements
on this project. As you know, all phases of this condominium are
subject to recorded agreements which prescribe minimum market
values for all of the units, for property tax valuation purposes.
The minimum market values prescribed have always been very
close to the actual initial sales prices and market values.
The situation is compounded by an escalator clause in the
assessment agreements providing that the minimum market values
increase automatically by three percent per year "cumulatively."
I recall at the time the redevelopment agreements for the
condominium development were negotiated that there was extensive
discussion and attempted removal of this escalator by the
developers, but without success.
I am concerned that at some not -to -distant date, and
particularly if there is a decline in or "flattening" of the
market values of the condominium units, homeowners in this
project may find that their ability to contest property tax
valuations at all has, in effect, disappeared while the minimum
values exceeded the market values. Litigation would undoubtedly
result.
JPS 0011642.WP
DOHERTY
RUMBLE
& BUTLER
PROFESSIONAL ASSOCIATION
Mr. Ralph Johnson
Page 2
July 26, 1991
It is worth noting in passing that in Edinborough, no such
escalator clause was included in the assessment agreements;
moreover, the minimum market values in Edinborough were
comfortably below the initial sale prices.
I would like to visit with you on the continuing need for
this escalator clause. Larry and I are available to discuss this
with you at your convenience.
Verb truly your ,
athan P. Scoll
PS:pcs
cc: Thomas S. Erickson - Dorsey & Whitney
JP'S 0011642.WP
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MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
SEPTEMBER 23, 1991
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Smith and was seconded by
Member Kelly to approve and adopt the Council Consent Agenda items as presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF SPECIAL MEETING OF AUGUST 19. 1991. AND REGULAR MEETING OF
SEPTEMBER 9, 1991 APPROVED Motion was made by Member Smith and was seconded by
Member Kelly to approve the Special Council Meeting Minutes of August 19, 1991,
and Regular Council Meeting Minutes of September 9, 1991.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS; ASSESSMENTS LEVIED Affidavits
of Notice were presented, approved and ordered placed on file. Due notice having
been given, public hearings were conducted and action taken as hereinafter
recorded on the following proposed assessments:
1. STREET GRADING IMPROVEMENT NO. C-146
2. WATERMAIN IMPROVEMENT NO. WM-367
3. STORM SEWER IMPROVEMENT NO. STS-197
4. SANITARY SEWER IMPROVEMENT NO. SS-381
5. STREET IMPROVEMENT NO. BA-289
6. STREET IMPROVEMENT NO. BA-290
Location: Centennial Lakes
Improvements listed under 1, 2, 3, 4, 5 and 6 affecting the same properties,
public hearing was conducted concurrently. Analysis of assessment for Street
Grading Improvement No. C-146 showed total construction cost of $976,851.00
proposed to be assessed against 2,139,965 assessable square feet at $0.045648 per
square foot. Analysis of assessment for Watermain Improvement No. WM-367 showed
total construction cost of $174,556.94 proposed to be assessed against 2,139,965
assessable square feet at $0.08157 per square foot. Analysis of assessment for
Storm Sewer Improvement No. STS-197 showed total construction cost of $415,683.92
proposed to be assessed against 2,139,965 assessable square feet at $0.194248 per
square foot. Analysis of assessment for Sanitary Sewer Improvement No. SS-381
showed total construction cost of $262,348.00, less storm sewer utility
reimbursement of $150,000, for a total assessable cost of $112,348.00 proposed to
be assessed against 2,139,965 assessable square feet at $0.0525 per square foot.
Analysis of assessment for Street Improvement No. BA-289 showed total
construction cost of $1,905,030.72, less state aid reimbursement of
$1,000,000.00, for a total assessable cost of $905,030.72 proposed to be assessed
against 2,139,965 assessable square feet at $0.422918 per square foot. Analysis
of assessment for Street Improvement No. BA-290 showed total construction cost of
$1,328,783.43 proposed to be assessed against 2,139,965 assessable square feet at
$0.620937 per square foot. All assessments proposed to be spread over 10 years.
Engineer Hoffman stated that the Centennial Lakes developers have requested that
the term of the assessments be 12 years. Staff would recommend this duration of
assessment. No objections were heard and no written objections to the proposed
assessment were received prior hereto except the request to spread the
assessments over 12 years. Assessment for Street Grading Improvement No. C-146,
Watermain Improvement No. WM-367, Storm Sewer Improvement No. STS-197, Sanitary
Sewer Improvement No. SS-381, Street Improvement No. BA-289 and Street
Improvement No. BA-290 approved, with the assessment to be spread over 12 years,
by motion of Member Rice, seconded by Member Kelly and carried unanimously.
(Assessment levied by resolution later in Minutes.)
7. STREET IMPROVEMENT NO. BA-280
Location: France Avenue from West 70th Street to Minnesota Drive
Analysis of assessment for Street Improvement No. BA-280 showed total
construction cost of $945,230.00, less (streets utility $224,119.50, Centennial
Lakes portion $118,000.00, state aid payment $336,758.82) $678,878.00, for a
total assessable cost of $266,352.00 proposed to be assessed against 6,659.21
assessable feet (total includes .40 feet deleted) at $40.00 per foot.
Assessment to be spread over 10 years. No objections were heard and no written
objections to the proposed assessment were received prior hereto. Assessment for
Street Improvement No. BA-280 approved by motion of Member Rice, seconded by
Member Smith and carried unanimously. (Assessment levied by resolution later in
Minutes.)
8. STREET IMPROVEMENT NO. BA-286
Location: France Avenue from West 49 1/2 Street to North city limits
Analysis of assessment for Street Improvement No. BA-286 showed total
construction cost of $161,280.00, less state aid payment $67,443.00, for a total
assessable cost of $93,837.24 proposed to be assessed against 64 parcels as
follows: Single Family Units at $20.00/ft., Multi -Family Units at $30.00/ft.,
Commercial Units at $40.00/ft., with two Single Family Units at $500.00 each
unit. Assessment to be spread over 10 years. Objecting to the proposed
assessment were Mena Domovich and Ann Hartman, owners of condominiums at 4360
France Avenue. Jerry Winnick, 4650 France Avenue, stated that since the street
was improved his water pipes have frozen. In response, Engineer Hoffman said
staff would investigate the matter. No other objections were heard and no
written objections to the proposed assessment were received prior hereto.
Assessment for Street Improvement No. BA-286 approved by motion of Member Rice,
seconded by Member Paulus and carried unanimously. (Assessment levied by
resolution later in Minutes.)
9. STREET IMPROVEMENT NO. BA-291
Location: West 69th Street from France Avenue to Xerxes Avenue
Analysis of assessment for Street Improvement No. BA-291 showed total
construction cost of $633,115.19, less state aid payment $441,157.19, for a total
assessable cost of $191,958.00 proposed to be assessed against 4,798.95
assessable lineal feet at $40.00 per foot. Assessment to be spread over 10
years. Engineer Hoffman stated that Gabbert and Gabbert Company has requested
that the assessment for the Galleria site be on a per square foot basis because
of one interior parcel. On a square foot basis, the proposed assessment against
the Galleria site would be at $.06459196 per square foot. Staff would recommend
approval of the request. Mary Johnson, managing agent for the Key Cadillac
Building, objected to the proposed assessment because they had not received
notice. No other objections were heard and no written objections to the proposed
assessment were received prior hereto, except the request mentioned. Assessment
for Street Improvement No. BA-291 approved, with the exception that the Galleria
property be assessed on a per square foot basis at a rate of $0.06459196 per
square foot, by motion of Member Smith, seconded by Member Rice and carried
unanimously. (Assessment levied by resolution later in Minutes.)
10. STREET IMPROVEMENT NO. BA-292
Location: Lincoln Drive from South lot line of Lot 1, Block 1,
Interlachen Hills 3rd Addition to 413' South
Analysis of assessment for Street Improvement No. BA-292 showed total
construction cost of $81,303.00 proposed to be assessed against 1,012.34
assessable feet at $80.31 per foot. Assessment to be spread over 10 years.
Engineer Hoffman stated that a letter dated September 19, 1991, had been received
from Wallace B. Kenneth objecting to the proposed assessment against his property
(30-117-21-32-0006) and that he had also filed for deferral. No other objections
were heard and no other written objections had been received prior hereto.
Assessment for Street Improvement No. BA-291 approved, with deferral of tax on
parcel PIN 30-117-21-32-0006 subject to qualification of applicant, by motion of
Member Smith, seconded by Member Rice and carried unanimously.
11. PARKING FACILITY IMPROVEMENT NO. P-4
Location: West 49 1/2 Street
Analysis of assessment for Parking Facility Improvement No. P-4 showed total
construction cost of $1,036,567.51, less 80% tax increment reimbursement of
$829,254.00 for a total assessable cost of $207,313.51 proposed to be assessed
against 319,869 assessable square feet at $0.64812 per square foot. Assessment
to be spread over 10 years. Engineer Hoffman stated that square foot credit was
given for properties providing on -site parking. Ray Bental, representing
Americana Bank, 5050 France Avenue, stated that they had been given credit for
4,600 square feet and asked requested that their parking area be remeasured
because the area may be larger. No other objections were heard and no written
objections had been received prior hereto. Assessment for Parking Facility
Improvement No. P-4 approved, subject to rechecking the on -site parking at 5050
France, by motion of Member Rice, seconded by Member Smith and carried
unanimously. (Assessment levied by resolution later in Minutes.)
12. ALLEY IMPROVEMENT NO. E-32
Location: Alley between Oxford Avenue and Bedford Avenue, south of 51st
Street
Analysis of assessment for Alley Improvement No. E-32 showed total construction
cost of $8,348.62 proposed to be assessed against 14 assessable lots at $596.33
per lot. Assessment to be spread over 10 years. Engineer Hoffman recalled that
at the September 4, 1990, improvement hearing the property owners who opposed the
alley paving raised the issue of pro -rating the assessment based upon current
users of the alley. Speaking in objection to all properties owners being
assessed equally were John Wilbur, 5100 Bedford Avenue and Debra Strege, 5113
Oxford Avenue. Mayor Richards made a motion to continue the hearing on the
assessment for Alley Improvement No. E-32 to October 7, 1991, and to direct staff
to bring back an alternate proposal for pro -rating the assessment based upon
usage. Motion was seconded by Member Kelly.
Ayes: Kelly, Rice, Richards
Nays: Paulus, Smith
Motion carried.
13. MAINTENANCE IMPROVEMENT NO. M-91
Location: 50th and France Business District
Analysis of assessment for Maintenance Improvement No. M-91 showed total
maintenance cost of $38,285.55 proposed to be assessed against 322,269 assessable
feet at $0.1188 per foot. One year assessment payable in 1992. No objections
were heard and no written objections had been received prior hereto. Assessment
for Maintenance Improvement No. M-91 approved by motion of Member Smith, seconded
by Member Rice and carried unanimously. (Assessment levied by resolution later
in Minutes.)
14. AQUATIC WEED IMPROVEMENT NO. AQ-91
Location: Indianhead Lake
Analysis of assessment for Aquatic Weed Improvement No. AQ-91 for Indianhead Lake
showed total cost at $6,503.74 proposed to be assessed against 33 homes at
$197.09 per home. One year assessment payable in 1992.
Location: Mill Pond
Analysis of assessment for Aquatic Weed Improvement No. AQ for Mill Pond showed
total cost at $5,531.00 proposed to be assessed against 63 homes at $87.79 per
home. One year assessment payable in 1992. No objections were heard and no
written objections had been received prior hereto. Assessment for Aquatic Weed
Improvement No. AQ-91 approved by motion of Member Kelly, seconded by Member Rice
and carried unanimously. (Assessment levied by resolution later in Minutes.)
15. TREE REMOVAL PROJECT NO. TR-91
Locations: 4502 West 42nd Street, 3713 West 54th Street, 3805 West 54th
Street, 5220 West 56th Street, 4308 West 70th Street, 501 Blake Road, 4928
Dale Drive, 4312 Eton Place, 4308 France Avenue, 5504 France Avenue, 4101
Morningside Road, 4111 Morningside Road
Analysis of assessment for removal of diseased trees showed total cost at
$7,962.25 proposed to be assessed against 12 assessable lots. Assessments to be
spread over 6 years for 501 Blake Road, 4308 France Avenue and 5504 France Avenue
and over 3 years for the remaining properties.
Caroline Nielson, 5220 West 56th Street, objected to the proposed assessment
because there were no diseased trees on her property In response, Park Director
Kojetin said staff would recheck the records on that address.
No other objections were heard and no written objections had been received prior
hereto. Assessment for Tree Removal Project No. TR-91 approved by motion of
Member Smith, seconded by Member Kelly and carried unanimously. (Assessment
levied by resolution later in Minutes.)
16. TREE TRIMMING TT-91
Location: An area bounded by Highway 100 on the West, West 54th Street on
the South, the eastern City boundary line on the East and the northern City
boundary line on the North.
Analysis of assessment for Tree Trimming TR-91 showed total cost at $82,412.12
proposed to be assessed against 930 assessable trees at $2.95/dbh (over 12" in
diameter) and against 279 assessable trees at $2.50/dbh (12" and under in
diameter). One year assessment payable in 1992. Written objections to the
proposed assessment were received from Grant Palombo, 4624 Browndale Avenue; Hoff
Heiberg, 4510 Wooddale Avenue; Joseph H. Bixler, 4508 Moorland Avenue; and Thomas
and Jeanne Mueller, 4510 Golf Terrace. Park Director Kojetin said the current
policy is that if a tree was trimmed and then later was found to be diseased and
was removed, no assessment would be made for the trimming. He noted that calls
had been received from 12 property owners expressing various concerns and that
staff had investigated and responded. No other objections were heard.
Assessment for Tree Trimming Tr-91 approved by motion of Member Smith, seconded
by Member Rice and carried unanimously. (Assessment levied by resolution later
in Minutes.)
17. HOUSE CONNECTION HC-12
Location: 6809 Normandale Road
Analysis of assessment for House Connection HC-12 showed total construction cost
of $3,710.00 proposed to be assessed against one assessable unit. Assessment to
be spread over six years. Appeal of assessment waived by property owner.
Assessment for House Connection HC-12 approved by motion of Member Rice, seconded
by Member Smith and carried unanimously. (Assessment levied by resolution later
in Minutes.)
Following the presentation of analysis of assessments and approval, Member Rice
introduced the following resolution and moved its adoption:
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT
OF VARIOUS PUBLIC IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The City has given notice of hearings as required by law on the proposed
assessment rolls for the improvements hereinafter referred to, and at such
hearings held on September 23, 1991, has considered all oral and written
objections presented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in the
office of the City Clerk for the following improvements:
Street Grading Improvement No. C-146
Watermain Improvement No. WM-367
Storm Sewer Improvement No. STS-197
Sanitary Sewer Improvement No. SS-381
Street Improvement No. BA-289
Street Improvement No. BA-290
Street Improvement No. BA-280
Street Improvement No. BA-286
Street Improvement No. BA-291
Street Improvement No. BA-292
Parking Facility Improvement No. P-4
Maintenance Improvement No. M-91
Aquatic Weed Improvement No. AQ-91
Tree Removal Project No. TR-91
Tree Trimming TT-91
House Connection HC-12
does not exceed the local benefits conferred by said improvements upon the lot,
tract or parcel of land so assessed, and all of said assessments are hereby
adopted and confirmed as the proper assessments on account of said respective
improvements to be spread against the benefitted lots, parcels and tracts of land
described therein.
3. Except for the parcel designated in paragraph 4 below, the assessments shall
be payable in equal annual installments, the first of said installments, together
with interest at a rate of 9.0% per annum, on the entire assessment from the date
hereof to December 31, 1992, to be payable with the general taxes for the year
1992. To each subsequent installment shall be added interest at the above rate
for one year on all then unpaid installments. The number of such annual
installments shall be as follows:
Name of Improvement Number of Installments
STREET GRADING IMPROVEMENT NO. C-146 (Levy No. 12279) 12 years
WATERMAIN IMPROVEMENT NO. WM-367 (Levy No. 12284) 12 years
STORM SEWER IMPROVEMENT NO. STS-197 (Levy No. 12282) 12 years
SANITARY SEWER IMPROVEMENT NO. SS-381 (Levy No. 12283) 12 years
STREET IMPROVEMENT NO. BA-289 (Levy No. 12287) 12 years
STREET IMPROVEMENT NO. BA-290 (Levy No. 12288) 12 years
STREET IMPROVEMENT NO. BA-280 (Levy No. 12285) 10 years
STREET IMPROVEMENT NO. BA-286 (Levy No. 12286) 10 years
STREET IMPROVEMENT NO. BA-291 (Levy No. 12289) 10 years
STREET IMPROVEMENT NO. BA-292 (Levy No. 12290) 10 years
PARKING FACILITY IMPROVEMENT NO. P-4 (Levy No. 12280) 10 years
MAINTENANCE IMPROVEMENT NO. M-91 (Levy 12271) 1 year
AQUATIC WEED IMPROVEMENT NO. AQ-91 (Levy No. 12274) 1 year
TREE REMOVAL PROJECT NO. TR-91 (Levy No. 12276) 3 years
(Levy No. 12277) 6 years
TREE TRIMMING TT-91 (Levy No. 12275) 1 year
HOUSE CONNECTION HC-12 (Levy No. 12278) 6 years
4. The assessment hereby made against the following parcel is hereby deferred,
pursuant to Minnesota Statutes, Sections 435.193 to 435.195, inclusive, and the
resolution of the Edina City Council dated March 21, 1977, until the deferment is
terminated pursuant to Minnesota Statutes, Section 435.195, with interest on the
deferred assessment, from the date hereof, at the rate of 1% over the rate of
interest set out in paragraph 3 hereof:
Outlot B, Interlachen Hills 3rd Addition (PIN 30-117-21-32-0006).
5. The City Clerk shall forthwith prepare and transmit to the County Auditor a
copy of this resolution and a certified duplicate of said assessments with each
then unpaid installment and interest set forth separately, to be extended on the
tax lists of the County in accordance with this resolution.
6. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the owner of any right-of-
way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any
such assessment is not paid in a single installment, the City Treasurer shall
arrange for collection thereof in installments, as set forth in said Section.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*DEFERRED LEVY FOR TREE REMOVAL IMPROVEMENT NO. TR-90 (5528 HALIFAX AV) CANCELED
Motion was made by Member Smith and was seconded by Member Kelly to cancel the
deferred pending assessment for Tree Removal TR-90 (Levy No. 11894) against the
property at 5528 Halifax Avenue per staff recommendation.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING CONDUCTED; STREET IMPROVEMENT NO. BA-296 ORDERED (MALIBU DRIVE)
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Engineer
Engineer Hoffman explained that a petition had been received for curb, gutter and
bituminous surfacing for Malibu Drive adjacent to the Landmark Addition plat and
Van Valkenburg Park. Approval of the project would allow the start of home
construction on the recently rezoned R-2 to R-1 property on Landmark Addition.
The cost of construction is estimated at $52,553.79 to be funded by special
assessment estimated at $45.64 per assessable foot over a ten year period. The
project is feasible and staff would recommend approval of the street improvement.
Engineer Hoffman noted that a letter had been received from First Bank LaCrosse,
LaCrosse, Wisconsin, who holds a vested interest in Lot 1 by virtue of
foreclosure and subsequent sheriff's sale in September 1990. First Bank LaCrosse
has asked that consideration be given to the land owner because of the unusual
shape of Lot 1 which represents some 322 lineal feet and that a more equitable
distribution of costs be pursued when assessments are levied.
Mayor Richards called for public comment; none was heard.
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION ORDERING STREET IMPROVEMENT NO. BA-296
UPON PETITION THEREFOR
BE IT RESOLVED by the City Council of the City of Edina,Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a concrete curb and gutter and bituminous paving
improvement on Malibu Drive from Lincoln Drive to 707 feet southeast, and to
assess the entire cost against the property of petitioners, and that said
petition has been signed by all owners of real property abutting on said street
where said improvement is to be located.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2). Said improvement is hereby designated and shall
be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-296.
The entire cost of said improvement is hereby ordered to be assessed against the
properties abutting on said Malibu Drive where said improvement are to be
located.
Motion for adoption of the resolution was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
PETITION DENIED FOR STREET IMPROVEMENT NO. BA-296 (CONCRETE CURB & GUTTER/OVERLAY
FOR WOODDALE AVENUE, WEST SHORE DRIVE AND ANDOVER ROAD: ENGINEERING DEPARTMENT TO
ANALYZE WATER PONDING PROBLEM Engineer Hoffman reminded Council that the subject
project was previously before Council on June 17, 1991. The petitioned project
included curb and gutter with bituminous overlay on Wooddale Avenue from West
70th Street to Belvidere Lane, West Shore Drive from West 70th Street to Dunham
Lane, and Andover Road from Wooddale Avenue to West Shore Drive. The assessment
for the project was proposed on a basis of full front footage and one-third
sideyard footage. The assessment cost was estimated at $25.01 per lineal foot.
At that hearing the Council directed staff to seek bids on the project to
determine if the estimated cost was a high or low estimate for the project. Bids
were taken, opened and evaluated and staff's current estimate of cost to be
assessed is $24.13 per assessable foot to be spread over a 10 year period.
Engineer Hoffman said sentiment had not changed since the June hearing. The
earlier petitions indicated no support exists for the project on West Shore Drive
from Belvidere Lane to the two homes just north of Dunham Drive. In the other
areas, the support is split approximately 50/50.
Mayor Richards noted that correspondence opposing the project was received from
Russell F. and Kathleen A. Nelson, 7117 West Shore Drive, and J. R. Hacker, 7018
West Shore Drive and from Harold Babb, 4701 West 70th Street in support of the
project.
Public Comment
Speaking in opposition to the proposed improvements were Russ Nelson, 7117 West
Shore Drive; Rex McClelland, 7109 West Shore Drive; Scott Dunlop, 4504 Andover
Road; Bob Johnson, 4508 Andover Road; Don Gjevre, 7016 West Shore Drive; Don
Blessing, 4501 Andover Road; John McGuire, 7104 West Shore Drive; Virginia
Schafer, 4521 AndoverRoad; and Merton Willette, 6333 Millers Lane.
Speaking in favor of the proposed improvements were Shellie Specter, 7000 West
Shore Drive; Ron Rich, 7008 West Shore Drive; Joe Pagani, 4520 Dunham Drive;
Maurice Taylor, 4526 Andover; and Tom Rantau, 4509 Andover Road.
The issue of storm water ponding at West Shore/Andover and also at West
Shore/70th Street was mentioned repeatedly and both those for and against the
curb/gutter and overlay project felt that problem should be addressed.
Council Comment/Action
In response to Member Rice, Engineer Hoffman said 19 households are in favor of
the project twenty-five are opposed. The numbers have not changed since the June
meeting. He said the water ponding problem could be solved by regrading or
reconstructing part of West Shore Drive from Andover to West 70th Street. The
cost would be approximately $5,000/10,000 and could come from the Public Works
general fund budget and could be completed either this fall or next spring.
Member Paulus pointed out that the initial petition was for curb/gutter and
bituminous overlay, with no mention of the water ponding and the Council should
respond to the petition as presented.
Member Smith made a motion to deny the petition for Street Improvement No.
BA-294 for curb/gutter and overlay on Wooddale Avenue, West Shore Drive and
Andover Road. Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Motion carried.
Member Smith made a motion to direct the Engineering staff to analyze the storm
water ponding problem at West Shore Drive/Andover Road and to bring back cost
estimates, payment responsibility and recommendation for an improvement project.
Member Kelly seconded the motion.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*PUBLIC HEARING ON PRELIMINARY REZONING PCD-4 TO PCD-2 PLANNED COMMERCIAL
DISTRICT FOR 5100 VERNON AVENUE CONTINUED TO 10/7/91 Motion was made by Member
Smith and was seconded by Member Kelly to continue the public hearing on
preliminary rezoning from PCD-4 to PCD-2 Planned Commercial District for 5100
Vernon Avenue to October 7, 1991.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING CONTINUED TO 10/07/91 ON COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY
REZONING TO POD-2 AND PRELIMINARY PLAT FOR TRACT R. RIS NO. 1050 (NORMANDALE GOLF
AREA) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Manager
Manager Rosland informed Council that he had been negotiating with the
Rauenhorsts/Opus Corporation concerning purchase of the Normandale Golf Course
property. He reminded Council that he had presented a preliminary report on
August 5, 1991, and Council had requested that he meet with the Park Board, the
area neighbors and the Planning Commission regarding the potential acquisition.
He reported that those meetings have occurred and the area neighbors were
encouraged to attend subsequent public hearings on the matter. All property
owners within a 500 foot radius of the subject property have been officially
notified of the issues now before the Council:
1. Comprehensive Plan Amendment from Quasi -Public to Public and Office
2. Preliminary Rezoning from R-1, Single Dwelling Unit District to POD-2,
Planned Office District and Preliminary Plat Approval.
The Park Board's recommendation to the Council included the following:
1. Acquire 22 acres as public land and develop it as a golf course.
2. Evaluate the estimated $700,000 construction cost for the golf course.
3. If Lake Edina Park is used as part of the total golf course expansion:
a. Eliminate the softball fields but provide a replacement field.
b. Incorporate a new playground facility.
c. Eliminate tennis courts but provide for future possible
development.
The site contains approximately 28 acres and the owners have submitted a request
to rezone a portion of the site, 6.2 acres, to POD-2 Planned Office District to
allow future construction of a five story, 106,000 square foot office building.
The City's goal has been to negotiate purchase of the remaining 22 acres at a
reasonable price, and to pay for it with fees generated from the redesigned nine -
hole executive course which would incorporate Lake Edina Park. Opus Corporation
has agreed to construct a clubhouse, at no cost to the City, containing 4,000
square feet. The owners of the adjoining office complex, have agreed to grant an
easement to the City to allow construction of a roadway and sanitary sewer system
to service the new golf course.
In general, the neighbors support the acquisition of the golf course, but have
raised two key issues: 1) Commitment from the Rauenhorsts in 1961-62 that this
property would always continue as a golf course. There are no legal documents on
record to substantiate such a commitment. (2) Rezoning of the 6.2 acres for
office use.
The Planning Commission, at its meeting of September 4, 1991, recommended the
following actions:
1. Amendment of the Comprehensive Plan from Quasi -Public to Office and
Public.
2. Preliminary rezoning from R-1, Single Dwelling Unit District to POD-1,
Planned Office District (four story height limit).
3. Preliminary plat approval to divide property for sale of the golf course
area to the City.
In response to the Planning Commission's recommendation, Opus has prepared a
modified site plan. The revised plan illustrates a four story, 104,000 square
foot office building with an increased setback from the northerly property line
with parking on the south side of the building. The proposed building would be
setback 140 feet from the northerly property line of the site, the property line
would be 280 feet from the property line of nearest residence and the building
itself would be 420 feet from the nearest house. The proposed mirrored glass
building would be 16 feet higher than the adjacent office buildings, not
including roof mechanical equipment on either building.
This is the first attempt by the City to purchase property through recreational
user fees. The City would need to carry the golf course financially for
approximately nine to ten years until it would become profitable. A detailed
financial analysis suggests that the City sell $2.25 million in bonds with a
thirty year retirement schedule. The proceeds would be used as follows:
$1,200,000.00 Purchase of Property
$ 200,000.00 Road/Parking Lot/Sanitary Sewer Connection
from Kellogg Avenue
$ 50,000.00 Clubhouse Equipment
$ 75,000.00 Maintenance Equipment
$ 700,000.00 Redevelopment of the Golf Course
$2,225,000.00 TOTAL
The purchase agreement would require Opus Corporation to build and donate to the
City a 4,000 square foot clubhouse with a value of $300,000.00. Half of the
square footage would be basement level cart and equipment storage. The clubhouse
would be built on City property located near the Lake Edina water pumping
station. The clubhouse donation would reduce the net cost of the total golf
course purchase to $900,000, or approximately 94 cents per square foot.
Personnel from Braemar Golf Course would manage the facility and equipment
maintenance would be done at the Braemar facility.
In conclusion, Manager Rosland cited the following reasons in support of the
purchase:
1. The neighbors would be once -and -for -all protected from encroachment by
office or other high density development.
2. Kellogg Avenue would be made into a cul-de-sac, augmenting safety and
solitude for the neighborhood.
3. Playground equipment would be moved closer to the residential area.
4. Softball playing, which has from time to time created noise problems for
the neighbors, would no longer exist at this site.
5. Valuable open space would be preserved.
6. The City would gain a first class executive golf facility at a land cost of
$.94 per square foot.
The primary drawback would be the impact of the proposed office building. He
stressed that although Rauenhorst/Opus Corporation is requesting rezoning to
Planned Office District, they have no specific plans for development, nor do they
have a client ready to purchase or build on the property.
Member Kelly asked for specific examples of other areas in the City that have
residences as close office buildings as the one proposed. Manager Rosland
answered that there re many such areas, some are only the width of a street
away. Member Smith what could be developed on the property. Manager Rosland
explained that the land currently is zoned R-1 and single family housing could be
developed. For any other type of development the Council would have to approve
the rezoning. Attorney Erickson explained that the subject area is shown as
quasi -public, i.e. privately owned nine -hole golf course for public use. If a
request for rezoning is denied by the Council, the proponent could appeal to
district court and ultimately to the Supreme Court on the grounds that the denial
of their request was be arbitrary and capricious.
Presentation by Developer
Bob Worthington, Opus Corporation, presented graphics of the revised site plan
prepared in response to the Planning Commission's recommendation. He read into
the record a letter dated September 23, 1991, from Mark Rauenhorst, President of
Normandale Golf/President of Opus Corporation. The letter expressed strong
support for rezoning a portion of the Normandale Golf Course property for future
development as an office building, making it possible for the majority of the
existing golf course to be purchased by the City for use as a public course. It
stated satisfaction with the financial arrangement worked out with the City
Manager and expressed some concern over the Planning Commission's proposal to
reduce the office building from the original proposal of five stories to four and
increase the setback from the golf course on the north property line. The letter
concluded with the comment that they would abide by the Council's judgement as to
which alternative is most appropriate and compatible with the long term budget
and development interests of the City, as long as reasonable development rights
for the land they own are a part of the transaction.
Public Comment
Speaking in opposition to the proposed rezoning of the six acre tract to POD-1
were: Joe Stoutenburgh, 7449 West Shore Drive; David Berg, 4905 Poppy Lane, who
presented a petition with 104 signatures in opposition; Kenneth Hodges, 7428 West
Shore Drive; Milt Possis, 7400 West Shore Drive; Harry Barnes, 5611 Countryside,
representing the property immediately to the west of the proposed rezoning; Bill
Hanson, 7457 West Shore Drive; Tom Anderson, 7453 West Shore Drive and owner of
7467-69 West Shore Drive; Geoff London, 7437 West Shore Drive.
Robert Nelson, 4515 Sedum Lane, spoke in favor of the City owning the golf course
and urged purchase of the entire 28 acres.
David Byron, 7433 West Shore Drive, stated that he was a member of the Planning
Commission. He spoke to his written submission entitled Normandale Golf Course,
dated September, 1991, which included history and background on the golf course
as a planned buffer created in the 1960's as part of Edina's land use planning
process. He said the revised site plan submitted by Opus Corporation was in
response to the Planning Commission but, in his opinion, was not responsive.
Although now proposed at four stories, the square feet per floor has been
increased with the result that the building pad is increased by some 20%. He
concluded by saying that those residents who have to look at the office building
are being asked to pay too great a price for the value of the rezoning which is a
a part of the negotiations for the land.
Bob Christianson, Park Board Chair, spoke to the Park Board recommendations and
concerns about the loss of the tennis courts/softball fields if Lake Edina Park
is incorporated into the new golf course. He explained that tennis playing is
diminishing and that the courts at Lake Cornelia School could be utilized as
replacement. Because adult softball is becoming more popular, the Park Board
recommended that funding be provided for to upgrade existing softball fields in
the community.
Letters in opposition to the proposed rezoning were received from Charles and
June McAllister, 4908 Poppy Lane; A.G. Lowell, 7505 Kellogg Av. S.; R. Charles
and Diane E.B. Petersen, 4904 Poppy Lane; Paul A. Jensen, 7445 West Shore Drive;
Geoff London, 7437 West Shore Drive; Joseph Stoutenburgh, 7449 West Shore Drive;
and Felicity Hanson, 7457 West Shore Drive. A letter in favor of the rezoning
proposal was received from Les and Mary Robison, 7421 Kellogg Avenue South.
Council Comment/Action
Mayor Richards commented that he was a proponent of acquiring the golf course in
1984-85 and still is for these reasons: 1) The daytime population of Edina is
greater than ever and the City has an opportunity to preserve land in active open
space, 2) It would provide recreational opportunities for the aging population of
Edina, 3) It would give the City control over any options for use of the land
should golf become less popular, 4) It would provide a buffer between residential
and commercial uses and would alleviate the risk of lawsuits relating to future
development, 5) The proposed office building in his opinion will not reduce land
value, and 6) The land purchase is a bargain considering prices being paid for
single family lots in Edina. He mentioned that a year ago Commissioner of
Transportation Len Levine had mentioned acquiring this land as a parking facility
for light rail transit. That caused concern as to what might happen on the land.
Further, taking into account the recommendations of both the Planning Commission
and the Park Board, Mayor Richards said he was persuaded that the City should
acquire the land and preserve it for future generations to use. The City has and
continues to operate very conservatively regarding finances and the same can be
applied to the negotiations for the purchase of the land. He concluded by saying
he supported the actions recommended to the Council.
Member Rice commented that the area should be retained in some type of open
public ownership to maintain the buffer that was intended back in the 1960's.
His concerns were as follows: 1) He would like further data regarding the Park
Board's statement that sufficient money be allocated for replacement of tennis
courts and ballfields, 2) He would like a more comprehensive study of financial
projections for the course, 3) He would like more information on the clubhouse,
and 4) He would like an opinion on the allegation that proper notice of this
hearing had not been given. Member Rice stated he felt there would be no loss in
property value to the residents because of the office building because of the
golf course providing a great place to live. Further, the area generally is in
need of grooming. He concluded that he felt this is a good deal for the
neighborhood but is less sure about it being a good deal for the City and would
like the developers to give more definition to revised site plan.
Member Paulus questioned why a coalition of golfers was not in attendance for the
meeting. She stated, because of her career as a realtor, she feels the homes in
the neighborhood would be negatively impacted. West Shore Drive is a residential
area the existing R-1 zoning is a protection for the area. If single family
homes were to be built, there would be a loss of green space but that would seem
preferable to the proposed office building. She believed Rauenhorst/Opus
Corporation is selling low to make a gain and suggested they consider giving the
remaining acreage to the City for golf course or open space. She reminded
Council that we have the largest population of Senior Citizens in the state, and
when they are gone who will support the golf course. Member Paulus concluded
that at this time she could not support the proposed rezoning.
Member Kelly stated she was not prepared to make a decision on approving the
preliminary rezoning or amending the Comprehensive Plan at this time. She voiced
concern about the ability of the new golf course to be financially sound,
especially because of the proposed expansion at Braemar Golf Course.
Member Smith said he believed the value for the land is good. He would prefer
that the City build its own clubhouse facility rather than accept a donation in
kind. He felt change will occur to the land and therefore the City should get
control to bring closure to the issue. The 22 acres should be acquired but the
building on the six acres is too large for the site and he is further troubled by
parking plans. He felt it is unrealistic to believe that a six acre space would
remain open but that he was not ready to make a decision on the proposed
rezoning.
After lengthy discussion, Manager Rosland said he would address the concerns
raised by the Council at the next meeting.
Member Smith made a motion to continue the public hearing on amendment of the
Comprehensive Plan from quasi -public to public and office, preliminary rezoning
from R-1 Single Dwelling Unit District to POD-1 Panned Office District and
preliminary plat for Tract R. RLS No. 1050 (Normandale Golf) to October 7, 1991.
Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*PUBLIC HEARING ON PRELIMINARY REZONING R-1 SINGLE DWELLING UNIT DISTRICT TO
PRD-2 PLANNED RESIDENCE DISTRICT AND PRELIMINARY PLAT FOR OUTLOT B. PARKWOOD
KNOLLS 20TH ADDITION CONTINUED TO 11/4/91. Motion was made by Member Smith and
was seconded by Member Kelly to continue the public hearing on preliminary
rezoning from R-1 Single Dwelling Unit District to PRD-2 Planned Residence
District and preliminary plat approval for Outlot B, Parkwood Knolls 20th
Addition to November 4, 1991.
Motion carried on rollcall vote five ayes.
PRELIMINARY PLAT APPROVED FOR WOODDALE LAKES ADDITION. Affidavits of Notice were
presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen presented the request for preliminary plat approval for property
located east of Millers Lane and north of the Crosstown Highway. The subject
property is an undeveloped parcel of approximately 3.5 acres and is bounded on
the north and east by a pond, on the south by the Crosstown Highway and on the
west by a public path within the Wooddale Avenue right of way.
The proposed plat suggests the easterly extension of West 64th Street into the
property, turning north and ending in a cul-de-sac, to serve the six new single
family lots. One half of the proposed new street is on State highway right of
way and would require that the State release and transfer this land to the City.
It would also require the relocation of the existing State owned fence along the
highway. The development was initially proposed as eight single family lots. To
evaluate the proposal, staff considered the 45 single family lots in the 500 foot
neighborhood with median dimensions of median lot width of 82.2 feet, median lot
depth of 135 feet and median lot area of 10,280 square feet.
During review of the proposed eight lot plat, staff felt the proposed eight lot
plat was too intense. The recommendation to the Planning Commission was that
Lots 1 and 2 be combined, that the resulting lot be re -oriented to the cul-de-
sac, and that Lot 8 be eliminated. The six lot plat would provide lots 86 to 125
feet in width, 160 to 270 feet in depth, and 16,362 to 31,154 square feet in area
and all lots would exceed ordinance requirements. The revised six lot plat would
accomplish three important objectives:
1. Lot dimensions and areas would be increased and the lot width variance for
Lot 3 in the initial eight lot plat would be eliminated.
2. More space would be provided adjacent to the Crosstown Highway to construct
noise mitigation features.
3. Building pad areas would be increased and more space would be available for
the conservation easement adjacent to the pond.
At its meeting of September 4, 1991, the Planning Commission recommended
preliminary plat approval of the revised six lot plat conditioned on 1) Final
plat approval, 2) Subdivision dedication, 3) A 50 foot conservation easement
along pond, 4) DNR review and permits, if required, 5) Watershed District grading
permits and drainage analysis, 6) Developers Agreement, and 7) Release of right
of way by MNDOT for extension of West 64th Street.
Presentation by Proponent
Fred Katter, representing the Katter Family Partnership, expressed appreciation
for staff's guidance in proposing that the plat be reduced from eight to six lots
resulting in a better subdivision. He explained that this area is very familiar
to the Katter family, having developed some of the lots in the neighborhood in
the 1950's. Their plan is to continue the single family neighborhood by the
extension of West 64th Street into the unused land for construction of six
rambler type homes that will be larger and more expensive. Because of location,
Lots 1 and 6 will require a combination of berming, fencing and plantings to
mitigate noise from the Crosstown Highway and will be integrated into the
architecture of the homes. Katter Family Partnership is committed to preserving
the natural area along the existing pond on the property and have met with and
talked with the various agencies involved in the preservation of the area.
Public Comment
Mayor Richards noted that letters in opposition to the proposed subdivision have
been received from: Mrs. E.H. Eisenbrey, 6228 Brookview Avenue South; Mrs. Joann
Kruckeberg, 6320 Brookview Avenue; William Andrusko, 6304 Brookview Avenue; Jay
and Judy Hornbacher, 4509 Nancy Lane; David and Susan Fleming, 6324 Brookview
Avenue; and J.H. Cox, 6332 Brookview Avenue.
Speaking in opposition to the project were: Jay Hornbacher, 4509 Nancy Lane; Lisa
Finsness, 4536 Tower Street; Carol Saarela, 4508 West 64th Street; Annette
Horton, 6309 St. Johns Avenue; John Thill, 6336 Millers Lane; Joann Kruckeberg,
6320 Brookview Avenue; and Merton Willette, 6333 Millers Lane.
Comments made included concern for the existing wildlife habitat and natural
wetland, safety for children and bicycle traffic at the corner, sewer capacity
for the additional six homes, perpetuity of the conservation easement, impact of
berming and fencing, possible extension of Wooddale Avenue, and density.
In response to the concern regarding the conservation easement, Attorney Erickson
stated that State statute allows the City to impose restrictions relating to both
natural and unnatural conditions by a conservation easement. The easement would
run in favor of the City, would be placed of record and thereby made known to
anyone buying the property, would be referenced by lot line and be enforced by
the City. Advice from residents that it was being violated would be useful
to City staff.
Member Rice introduced the following resolution and moved its adoption, subject
to 1) Final plat approval, 2) Subdivision dedication, 3) 50 foot conservation
easement along pond, 4) DNR review and permits, if required, 5) Watershed
District grading permits and drainage analysis, 6) Developers Agreement and
7) Release of right of way by MNDOT for extension of West 64th Street:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR WOODDALE LAKES ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "WOODDALE LAKES ADDITION", platted by The Katter Family
Partnership, and presented at the regular meeting of the City Council of
September 23, 1991, be and if hereby granted preliminary plat approval.
Motion was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*BID AWARDED FOR MAINTENANCE BUILDING/BRAEMAR GOLF COURSE Motion was made by
Member Smith and was seconded by Member Kelly for award of bid for the
maintenance building at Braemar Golf Course to recommended low bidder, Lester
Building Systems, at $74,826.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR MAINTENANCE BUILDING/ARNESON ACRES PARK Motion was made by
Member Smith and was seconded by Member Kelly for award of bid for the
maintenance building at Arneson Acres Park to sole bidder, C.O. Field Company, at
$69,131.00.
Motion carried on rollcall vote five ayes.
*BID AWARDED FOR AGENCY SERVICES - ABOUT TOWN MAGAZINE Motion was made by Member
Smith and was seconded by Member Kelly for award of bid for agency services for
About Town Magazine to Lonsbury-Mills, Inc. at $10,445.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR MID -SIZE SWEEPER Motion was made by Member Smith and was
seconded by Member Kelly for award of bid for a mid -size sweeper for buildings
and ramps to second low bidder, Industrial Floor, at $20,708.50.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR CONCRETE SIDEWALK IMPROVEMENT NO S-51 (WOODDALE AV) Motion was
made by Member Smith and was seconded by Member Kelly for award of bid for
Sidewalk Improvement No. S-51 (East side of Wooddale Avenue from West 56th Street
to Minnehaha Creek), to recommended low bidder, Advanced Concrete, Inc., at
$93,692.00.
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR CONCRETE CURB & GUTTER/BITUMINOUS SURFACING IMPROVEMENT NOS. B-91
AND B-92 Motion was made by Member Smith and was seconded by Member Rice for
award of bid for Curb/Gutter and Bituminous Surfacing Improvement No. B-91 (West
54th Street) and No. B-92 (Birchcrest Drive) to recommended low bidder,
Hardrives, Inc., at $19,234.00.
Rollcall:
Ayes: Paulus, Rice, Smith, Richards
Motion carried.
(Member Kelly was temporarily absent.)
TRAFFIC SAFETY COMMITTEE MINUTES OF 9/16/91 APPROVED Engineer Hoffman briefly
reviewed the discussion that occurred at the Traffic Safety Committee meeting on
September 16, 1991, concerning items in Section A of the Minutes.
Speaking to Item (1) were Chris Mower, 4911 Bruce Avenue, and Dan Jurgens, 4906
Bruce Avenue, who basically agreed with the Committee's recommendation but
suggested that a pedestrian crosswalk be marked on the north and south side of
Country Club Road at Bruce Avenue and asked that a traffic study of the area be
made. Speaking to Item (2) was an unidentified resident of the area who
presented photos of the Concord Avenue/South View Lane intersection and voiced
concern regarding the hedge at 5611 Concord Avenue. Barbara Hodne, 4532 Tower
Street, spoke in support of the three-way "STOP" sign.
Mayor Richards made a motion to approve the following recommended action listed
in Section A of the Traffic Safety Committee Minutes of September 16, 1991:
1. a) To affirm the prior action of the Committee to deny the request for a
four way "STOP" sign at the intersection of Bruce Avenue and Country Club
Road,
b) To install "NO PARKING" signs north and south of Country Club Road on
Bruce Avenue for the space of two car lengths,
c) To address the location and size of the "STOP" sign for eastbound
Country Club Road and Bruce Avenue,
d) To install on north and southbound Bruce Avenue, between West 50th
Street and Sunnyside Road, signage depicting the international pedestrian
symbol with a 25 MPH advisory below it,
e) In addition to the recommended action, to direct the Engineering
Department to bring back recommendations on the feasibility of pedestrian
crosswalks at Country Club Road/Bruce Avenue and a traffic study of the
area
2. a) To bring the hedge at 5611 Concord
compliance,
b) To install "STOP" sign at the
South View Lane,
c) To install appropriate signage
pedestrian/children activity,
d) To move a current crosswalk north
Concord Avenue at Tower Street,
e) To refer the issue of safe walking routes to the School District.
3. To continue the request to upgrade the intersection of Brookside Avenue
West 44th Street to a two-way "STOP" until the November meeting of the
Traffic Safety Committee Meeting,
and to acknowledge Sections B and C of the Minutes.
Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Avenue
into clearview ordinance
southeast corner of Concord Avenue
on Concord Avenue indicating
from its present location
and
to cross
APPOINTMENT MADE TO HUMAN RELATIONS COMMISSION Member Smith made a motion for
consent of the Mayor's appointment of Geoffrey McCray to the Human Relations
Commission as a School Board representative, to fill an unexpired term to
February 1, 1994. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
and
*RESOLUTION ADOPTED APPROVING THE 1992-95 EDINA COMMUNITY HEALTH SERVICES PLAN
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY
HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN
APPLICATION FOR THE COMMUNITY HEALTH SERVICES ACT SUBSIDY
WHEREAS, the City Council of the City of Edina is the official governing body of
the City of Edina and functions as the official Board of Health in the City of
Edina; and
WHEREAS, the City Council is committed to promote, support and maintain the
health of the entire community at the highest level; and
WHEREAS, the Community Health Services Act provides for subsidies in support of
public health services on the local level throughout the State of Minnesota; and
WHEREAS, a special needs study has been made and a special public meeting held
relative to the needs and priorities of the community for Community Health
Services; and
WHEREAS, the Community Health Services Advisory Committee of the City of Edina
has reviewed the plan for the provision of public health services in the City of
Edina and recommends its approval to the City Council; and
WHEREAS, the City Council has reviewed this self -same plan and finds it
consistent with the needs and priorities of the community as determined by the
Community Health Services Advisory Committee and as expressed by the citizens of
Edina;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the
Community Health Services Plan for the City of Edina is approved and
authorization is hereby given to submit an application for the Community Health
Services Act subsidy for the years 1992-95.
ADOPTED this 23rd day of September, 1991.
Motion for adoption of the resolution was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
DATE OF 10/7/91 SET FOR 1992 BUDGET REVIEW Member Smith made a motion setting
October 7, 1991, at 5:00 P.M. for a Special Council Meeting to review the 1992
Budget. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
MEETING DATES OF REGIONAL TRANSIT BOARD AND MLC NOTED Manager Rosland told
Council of a letter from Michael Ehrlichmann, Regional Transit Board Chair,
advising of a meeting Friday, October 4, 1991, from 8:30 A.M. - 10:30 A.M. at the
Board's office. The meeting will focus on implementing the regulations of the
Americans with Disabilities Act (ADA) relating to delivery of public
transportation. Manager Rosland said he would represent the City at the meeting.
He also announced there would be a Municipal Legislative Commission (MLC) meeting
October 31, 1991, at 7:30 A.M. at the Decathlon, on proposed legislative
programs. He asked Council to respond their attendance plans to him as soon as
possible.
*CLAIMS PAID Motion was made by Member Smith and was seconded by Member Kelly to
approve payment of the following claims as shown in detail on the Check Register
dated 9/23/91 and consisting of 33 pages: General Fund $317,774.98; C.D.B.G.
$15.00; Communications $12,855.09; Art Center $6,364.17; Capital Fund $59,558.90;
Swimming Pool Fund $2,259.05; Golf Course Fund $23,921.29; Recreation Center Fund
$12,762.11; Gun Range Fund $62.81; Edinborough Park $23,815.06; Utility Fund
$17,573.87; Storm Sewer Utility $5,792.94; Liquor Dispensary Fund $124,659.19;
Construction Fund $167,391.32, TOTAL $774,805.78 and for confirmation of payment
of the following claims as shown in detail on the Check Register dated 8/31/91
and consisting of 18 pages: General Fund $165,718.12, Art Center $208.88, Capital
Fund $106.61, Swimming Pool Fund $1,308.17, Golf Course Fund $17,116.20;
Recreation Center Fund $157.87; Gun Range Fund $108.64; Edinborough Park
$1,905.97; Utility Fund $469.70; Liquor Dispensary Fund $321,658.46; Construction
Fund $2,545.00, TOTAL $511,303.62.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Chairman Richards declared
the meeting adjourned at 12:20 P.M.
City Clerk
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Mayor & City Council
Francis Hoffman'
City Engineer
7 October, 1991
E-32
Alley Improvement
Between Oxford Avenue
and Bedford Avenue
South of W. 51st Street
Agenda Item # II . A.
Consent
Information Only j
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Approve assessment of E-32 and cost allocation as Council so desires.
Info/Background
The assessment hearing for project E-32 was held over for further review
of the cost allocation. The attached analysis for the assessment provides
the normal fashion under which alley improvements are assessed. Also
included for review is the staff letter indicating further discussion at
the October 7th meeting, a resident letter suggesting a proposed method
of assessment and a sketch indicating the positions of residents one year
ago during the public hearing for the project.
II.G.
CITY OF EDINA
ANALYSIS OF ASSESSMENT
COUNTY NO. E-32
LEVY NO. 12281
FOR: ALLEY IMPROVEMENT NO. E-32.
LOCATION: Alley between Oxford Avenue and Bedford Avenue South of 51st Street.
CONTRACTOR: DMJ CORPORATION $ 6,784.00
ENGINEERING AND CLERICAL 14%: 949.00
PUBLISHING AND SUPPLIES:
CAPITALIZED INTEREST AT 9.0%
FROM: November 19, 1990
TO: September 23, 1991
308 days at $1.91 per day
$ 7,733.00
25.00
$ 7,758.00
590.62
TOTAL CONSTRUCTION COST• $ 8,348.62
ASSESSABLE UNITS: 14 ASSESSABLE LOTS.
ESTIMATED ASSESSMENT: $712.10 PER ASSESSABLE LOT
PROPOSED ASSESSMENT: $596.33 PER ASSESSABLE LOT
ASSESSABLE COST:
COUNTY CHARGE: 14 parcels at $0.50 per parcel
$ 8,348.62
7.00
$ 8,355.62
TO BE SPREAD OVER 10 YEARS - 1992 THROUGH 2001.
FIRST YEAR INTEREST FIGURED AT 9.0% OF TOTAL PRINCIPAL x 1.46 YEARS.
City of Edina
October 1, 1991
Dear Resident:
The Edina City Council has continued the assessment hearing to the October
7, 1991 meeting at 7:00 P.M. for the alley improvement in your
neighborhood. As you recall, the property assessment is $596.33 per
assessable lot of which there are fourteen. This proposed method will be a
level assessment against all properties involved.
Attached is a letter from a neighbor who has proposed to do a different
method of assessment (see attached letter). City Council has also discussed
the idea of a potential assessment of $300 per lot for non -users of the
alley and $850 per lot for users of the alley.
City Council will discuss this at the next meeting and make a decision on
the assessment for this project.
If you have any questions, please call me at 927-8861 between 8:00 A.M. and
4:30 P.M., Monday thru Friday.
Francis J. Hoffman, P.E.
Director of Public Works
and City Engineer
FJH/clf
City Hall (612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
•
W. 51 st Street
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F = FOR THE PROJECT
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0
Bedford Avenue
Dear Mayor and City Council Members, Sept. 24, 1991
I am writing you to propose what I hope you'll consider to be a fair
and equitable way of allocating the cost of Alley Improvement No. E-32
among the 14 affected property owners on Bedford and Oxford Avenues.
This is essentially a compromise between (a) the original proposed
assessment of $ 596 against each of the 14 adjacent parcels and (b) an
assessment of $ 1,043 against the 8 owners with driveways accessing
the improved alley and $ 0 against the 6 owners who do not currently
use (nor have any intention of using) this alley. Approach (a) is in
line with standard City policy but assumes that all 14 owners benefit
equally from the improvement. Obviously, the fact that the cost of
this improvement is being assessed against the adjacent property owners
rather than paid out of general revenues indicates that there is agree-
ment that the cost should be paid for by those who are most benefited.
What I propose is that the 8 property owners who have access to and
use the alley (the "users") pay twice as much as the 6 property owners
who do not (the "non -users"). My reasoning is as follows. The value
of this improvement to the 14 owners can be thought of as having three
components:
(1) The real and immediate "utility" value to the 8 "users",
(2) The potential, future "utility" value to the 6 "non -users", and
(3) The increase in property value for all 14 owners due to the
enhanced appearance of the area ("aesthetic" value).
I submit that item (1) is of greater value than items (2) and (3)
combined. I believe item (2) is small because all 6 "non -users", by
definition, have driveways that do not'access the alley, so there is
no apparent reason why any of the 6 owners would alter their property
in the foreseeable future just so they can then use the improved alley.
It would involve considerable cost to do so without much more benefit
in terms of access that they currently have. Secondly, item (3) has
some value, but I would think that a potential buyer of the property
from one of the 8 "users" would consider having access to a nicely
paved alley to be of more value than the fact that it looks nice.
One other consideration is that this is a "dead-end" alley, so
the 6 "non -users" cannot use it as a "through street". In fact,
I don't recall EVER using it in my 15 years at 5100 Bedford Ave.
So, it seems reasonable to me to say that item (1) has more value
than items (2) and (3) combined. I would guess that some members
of the Council may feel that item (1) is of lesser value, so it may
be a reasonable compromise to consider them of EQUAL value. In that
case, the 8 "users" are benefiting twice as much from this improve-
ment as the 6 "non -users" and therefore should pay twice as much.
This means the 8 "users" would be assessed approximately $ 760 each
while the assessment for the 6 "non -users" would be about $ 380 each.
I don't know if Dave Morris of 5116 Bedford Ave., who headed up the
effort to petition for this alley improvement, speaks for the rest of
the "users", but he told me that he is willing to go along with this
proposal and pay more than a "non -user" for the improvement.
Respectfully submitted,
Sloo
Dear Mayor and City Council Members, Sept. 24, 1991
I am writing you to propose what I hope you'll consider to be a fair
and equitable way of allocating the cost of Alley Improvement No. E-32
among the 14 affected property owners on Bedford and Oxford Avenues.
This is essentially a compromise between (a) the original proposed
assessment of $ 596 against each of the 14 adjacent parcels and (b) an
assessment of $ 1,043 against the 8 owners with driveways accessing
the improved alley and $ 0 against the 6 owners who do not currently
use (nor have any intention of using) this alley. Approach (a) is in
line with standard City policy but assumes that all 14 owners benefit
equally from the improvement. Obviously, the fact that the cost of
this improvement is being assessed against the adjacent property owners
rather than paid out of general revenues indicates that there is agree-
ment that the cost should be paid for by those who are most benefited.
What I propose is that the 8 property owners who have access to and
use the alley (the "users") pay twice as much as the 6 property owners
who do not (the "non -users"). My reasoning is as follows. The value
of this improvement to the 14 owners can be thought of as having three
components:
(1) The real and immediate "utility" value to the 8 "users",
(2) The potential, future "utility" value to the 6 "non -users", and
(3) The increase in property value for all 14 owners due to the
enhanced appearance of the area ("aesthetic" value).
I submit that item (1) is of greater value than items (2) and (3)
combined. I believe item (2) is small because all 6 "non -users", by
definition, have driveways that do not access the alley, so there is
no apparent reason why any of the 6 owners would alter their property
in the foreseeable future just so they can then use the improved alley.
It would involve considerable cost to do so without much more benefit
in terms of access that they currently have. Secondly, item (3) has
some value, but I would think that a potential buyer of the property
from one of the 8 "users" would consider having access to a nicely
paved alley to be of more value than the fact that it looks nice.
One other consideration is that this is a "dead-end" alley, so
the 6 "non -users" cannot use it as a "through street". In fact,
I don't recall EVER using it in my 15 years at 5100 Bedford Ave.
So, it seems reasonable to me to say that item (1) has more value
than items (2) and (3) combined. I would guess that some members
of the Council may feel that item (1) is of lesser value, so it may
be a reasonable compromise to consider them of EQUAL value. In that
case, the 8 "users" are benefiting twice as much from this improve-
ment as the 6 "non -users" and therefore should pay twice as much.
This means the 8 "users" would be assessed approximately $ 760 each
while the assessment for the 6 "non -users" would be about $ 380 each.
I don't know if Dave Morris of 5116 Bedford Ave., who headed up the
effort to petition for this alley improvement, speaks for the rest of
the "users", but he told me that he is willing to go along with this
proposal and pay more than a "non -user" for the improvement.
Respectfully submitted,
slno�1 A�-e
REPORT/RECOMMENDATION
To:
From:
Date:
Subject:
Mayor & City Council
Francis Hoffman,'
City Engineer '�
7 October, 1991
BA-292 Assessment
Lincoln Drive from
Interlachen Hills Apt.
to Cul-de-sac
Agenda Item # I I • B
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Authorize deferment of BA-292 assessment on W. Kenneth property (Outlot B,
Interlachen Hills 3rd Addition).
Info/Background
The City Council levied the assessment on Project BA-292 on September 23, 1991,
subject to review of the request for deferral on Outlot B, Interlachen Hills
3rd Addition. The Assessing Department has received the requested information
for the deferral application. As such, the staff would recommend deferral
based on the right of senior citizen request for deferral on homestead
property. (See attached form to determine eligibility for deferral).
ATTENTION:
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
PROPERTY OWNERS OVER 65 FOR WHOM SPECIAL ASSESSMENT WOULD BE A
HARDSHIP
SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENTS
.It is now possible for residents of Edina who are over 65 years of age and
-for whom payment of special assessments against homestead property would be
a hardship, to apply to have assessments deferred, if they meet the follow-
ing qualifications:
1. The applicant must be 65 years of age or older.
2. The applicant must own the property for which the deferment is
requested, either alone or in joint tenancy with a spouse, who
also lives with the applicant in the same property, but, who
need not be 65 years of age or older.
3 The property for which deferment is requested must be classified
and taxed as homestead property by the City Assessor as of the
date the application is made.
4. The applicant must have a "financial hardship" defined as:
a. an income of $15,000 or less in the calendar year prior to
the year in which the assessment will be levied (as give
in the Minnesota Statutes, Chapter 290A "Property Tax
Refund" application) and
b. the first year's installment of the proposed special
assessment will increase the aggregate total of the in-
stallments of special assessments against the property
for which deferment is requested and payable in the year
of the first installment to a sum equal to more than 2%
of this income.
If you wish to apply for this deferment, or have further questions, please
write or call the Assessor's Office, City Hall, 927-8861. To obtain defer-
ment, application must be filed with the City Assessor's Office by the close
of business on the last day before the City Council meeting set forth in the
enclosed special assessment hearing notice.
NOTE: INCREASED INTEREST
Any assessment deferred shall bear interest at 1% in excess of interest
rate for that assessment.
-- 7A-1979
=•, -�°� ~%' REPORT/RECOMMENDATION
To:
From:
KENNETH ROSLAND
CRAIG LARSEN
Date: OCTOBER 7, 1991
Subject:
Z-91-4, PCD-4, TO
PCD-2, 5100
VERNON AVENUE, FOR
WALGREENS, INC.
Agenda Item III.A.
Consent
Information Cnly
Mgr . Recommends i To HRA
x , To Councii
Action Motion
Resolution
Ordinance
Discussion
Recommendation:
The Planning Commission recommends preliminary rezoning approval.
1. Final Rezoning.
2. Proof of Parking Agreement.
INFO/BACKGROUND
Planning Commission Minutes, plans, and staff report are attached
for review.
LOCATION MAP
DIVISION
cc ^
O -4�r Jr
REZONING
NUMBER Z-91-4
LOCATION 5100 Vernon Avenue
REQUEST Rezoning PCD-4, Planned Commercial District to
PCD-2, Planned Commercial District
EDINA PLANNING DEPARTMENT
DRAFT MINUTES OF THE REGULAR MEETING OF THE
EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
HELD ON WEDNESDAY, SEPTEMBER 4, 1991, 7:30 P.M.
EDINA CITY HALL COUNCIL CHAMBERS
MEMBERS PRESENT: Chairman, G. Johnson, R. Hale,
McClelland, D. Runyan, V. Shaw,
ABSENT: J. Palmer, L. Johnson, C.
Workinger
STAFF PRESENT:
I. OLD BUSINESS:
Craig ;,arsen, City Planner
Kenneth Rosland, City Manager
Fran Hoffman, City Engineer
Jackie Hoogenakker, Secretary
N. Faust, H.
D. Byron
Ingwalson, G.
Z-91-4
Preliminary Rezoning, PCD-4, to PCD-2,
Planned Commercial District, Semper,
Incorporated. 5100 Vernon Avenue
Mr. Larsen reminded the Commission at their last meeting they
tabled the request for rezoning by Semper Holdings to further study
access to the site.
Mr. Larsen reported since your last meeting the architects for
Walgreen's have explored a number of different curb cut
arrangements with Mr. Hoffman. These designs are not acceptable
for emergency vehicle access. Continuing, Mr. Larsen said a slight
change to the original access has been designed that is acceptable
to the Fire Department.
Commissioner Runyan noted he will abstain from the voting.
Commissioner McClelland asked Mr. Hoffman if the City allows
speed bumps on private property. Mr. Hoffman responded that speed
bumps are allowed on private property. Commissioner McClelland
commented that upon review of the redesigned access, speedbumps may
not be needed.
Commissioner McClelland said in her opinion the site could use
additional greenspace and recommended a Proof of Parking Agreement
between Semper, Inc. and the City.
1
Commissioner Byron questioned Mr. Larsen on the number of
parking places indicated on the revised site plan. Mr. Larsen said
the revised proposal depicts 36 parking spaces. Commissioner Byron
asked the number of parking spaces at the 49 1/2 St. Walgreen's.
Mr. Larsen explained the Walgreen's at 49 1/2 St. has 17 spaces on
site, with the option of using the ramps.
Commissioner Faust commented that she agrees with Commissioner
McClelland's observations from the previous meeting regarding the
blue windows at the 49 1/2 St. Walgreen's. She said she also finds
the blue windows distasteful.
Commissioner Shaw said in her opinion the color of the windows
are irrelevant when considering the rezoning. She pointed out
everyone has their own personal opinion on what "looks good".
Commissioner McClelland said comments can be noted on massing, and
in her opinion the blue windows create a wall mass.
Commissioner McClelland moved to recommend preliminary
rezoning approval subject to staff conditions, entering into a
proof of parking agreement, and that no speed bumps are constructed
on the site. Commissioner Byron seconded the motion. Ayes; G.
Johnson, R. Hale, N. Faust, H. McClelland, V. Shaw, D. Byron.
Commissioner D. Runyan abstained.
II. NEW BU-INESB:
Z-91-5
5-91-5
Preliminary Rezoning R-1, Single Dw ing Unit
District to POD-2, Planned Off' District.
Normandale Golf Area, Tract" S No. 1050.
Preliminary Plat Ap, -1, Registered Land
Survey
Mr. Larsen presented his s eport and asked the Commission
to note the plan before theiu evening is similar to the plan
presented in 1985, excep e important issue. In the past
proposal ownership of t' ' •lf course was left "up in the air".
The proposal presente, s evening ensures that the golf course
will be controlled •perated by the City of Edina.
Mr. Larsen ;" cluded that staff recommends approval of this
proposal subj-` o approval of an amendment to the Comprehensive
Plan, and p inary rezoning and subdivision approval.
th Rosland
2
MEMORANDUM
TO: Members of the Planning Commission
FROM: Craig Larsen, City Planner
DATE: September 4, 1991
SUBJECT: Z-91-4, Preliminary Rezoning, PCD-4, to PCD-1,
Planned Commercial District, Semper, Inc. 5100
Vernon Avenue
Since the last commission meeting the architects for Walgreen's
have explored a number of different curb cut arrangements with Fran
Hoffman, City Engineer. Some of the designs considered are
attached to this memo. These designs are not acceptable for
emergency vehicle access.
Fran has designed a slight change to the original access that is
acceptable to the Fire Department. This changed access will be
incorporated into the site and presented at the commission meeting
on Wednesday. A rough sketch is attached.
It is my understanding that the developers will present a revised
site plan which reduces parking, meets parking setbacks and
increases the amount of landscaping.
LAR MEETI
EDINA COMMUNITY DEVELOPMENT
HELD ON WEDNESDAY, JULY 31,
EDINA CITY HALL COUNCIL C
•
MEMBERS PRESENT: Chairpers
McClellan
V. Shaw,
MEMBERS ABSENT:
STAFF PRESENT:
I. APPROVAL OF THE
J. Palmer
K. Aaker
J. Hoog
NUTES:
Commissioner Shaw
meeting minutes
requested tha
paragraph, p
not oppose•
only be
Trail.
geogr..
the
re
OF THE
PLANNING COMMISSION
91, 7:30 P.M.
RS
oved to reco
Commissioner
he following cha
e 4, - Commissione
o subdivision on th'
o lots, one lot on Da
Commissioner McClell
ical division along the
telle property and in her
n a large piece of property
se to create another lot on
eir desire. Commissioner McCle
he creation of one new lot on Da
Johnson,
D. Runy
Ingw
Johnson, R. Hale, H.
, G. Workinger, N. Faust,
on, D. Byron
sistant Planner
er, Secretary
nd approval of the June 26, 1991,
Clelland seconded the motion and
ge be made to the minutes, first
McClelland explained that she is
site, but believes there should
•ta Trail and one lot on Mohawk
d said there is a natural
dge that runs down the center of
pinion if the Ratelle's want to
for themselves, it doesn't make
•hawk that is forced because of
land concluded that she supports
•ta Trail, w•' • would .•e a total
II. NEW BUSINESS:
ion
Z-91-4
General
Location:
Planned Commercial District, PCD-4 to
PCD-2, Planned Commercial District.
5100 Vernon Avenue
Semper Holdings, Inc.
West of Summit Avenue and north of Vernon Avenue
Ms. Aaker informed the Commission the subject property is zoned
PCD-4, Planned Commercial District and is developed with a Union
Oil Service Station. The proponent is proposing a rezoning to PCD-
2 to allow redevelopment of this 35,000 square foot site as a
Walgreen's pharmacy.
•i
The proposed building would have a main level of 8,865 square feet
and a 2,964 square foot basement. The proposed building size is
almost identical to the Walgreens which recently opened at 49 1/2
Street and France Avenue.
Ms. Aaker explained the proposed site plan illustrates a 25 foot
building setback from the westerly and northerly property lines.
A 55 foot setback from Vernon Avenue is provided. The building
would be constructed with no setback from the easterly property
line, adjacent to Summit Avenue. Since Summit Avenue is not a
commercial district boundary no setback is required. As proposed
the building complies with all setback requirements. The existing
service station provides a fence along the westerly and northerly
property lines to provide screening for adjacent residential uses.
Although still serviceable the fence is starting to deteriorate.
Ms. Aaker reported the proposed site plan illustrates 40 parking
spaces. The Zoning Ordinance requirement for an 11,829 square foot
retail building is 73 spaces. Thus a 33 space parking quantity
variance is requested. In support of the parking variance request
the proponents have submitted site plans for similar stores and
comments from Minneapolis and St. Paul Council members regarding
stores in their wards. These other Walgreen stores provide between
20 and 38 parking spaces. The new Edina Walgreens provides 17
spaces. In two places the proposed parking provides less than the
required 20 foot setback from Vernon Avenue. At one point the
parking lot comes to within four feet of the property line. Thus,
a 16 foot parking setback variance is required. Currently access
to the site is gained by two curb cuts on Vernon Avenue with no
access to Summit Avenue. The proposed site plan would continue to
utilize the southerly curb cut as it is today. The second Vernon
Avenue curb cut would be eliminated and replaced by a curb cut on
Summit Avenue.
The northerly and westerly building elevations will be solid face
brick. The easterly elevation will be brick with wood trim and the
southerly elevation will be brick, opaque glass with wood trim.
The windows are not display windows, but would be opaque like the
France Avenue side of the store at 49 1/2 Street and France Avenue.
A five foot high mansard parapet wall will rise above the roof line
to screen mechanical equipment. As at 49 1/2 Street and France
Avenue a six foot diameter satellite dish antenna is contemplated.
Signage would be similar to the other store except that this
development would also have a freestanding pylon sign adjacent to
Vernon Avenue. As illustrated signage would comply with sign
ordinance standards.
Ms. Aaker concluded the PCD-4 district is limited to service
stations and car washes. Consequently any change in use requires a
rezoning. The proposed rezoning is consistent with adjacent
commercial uses fronting on Vernon Avenue. The rezoning is
consistent with the Comprehensive Plan. The 40 space parking lot
2
should adequately serve the store. Walgreens and other drug stores
which do not include a restaurant do not seem to have any
particular peak time during the day. Customer flow appears
relatively steady during most hours of operation. Although the
site is relatively large its unusual shape makes it difficult to
utilize fully for parking. To eliminate the parking setback
variance five parking spaces would be lost. Staff recommends
granting the variance to ensure adequate on -site parking.
Staff recommends approval of the preliminary rezoning to PCD-2 and
parking variances subject to the following conditions:
1. Final Rezoning
2. Proof of Parking Agreement providing for City review of
parking demand for any change of use.
3. No signage on west and north building elevations.
4. Landscape plan and bond including a new fence along west
and north property lines.
Mr. Craig Christianson, representing the proponent Semper, Inc. was
present to answer questions.
Commissioner Runyan noted that he will abstain from the discussion
and vote regarding this issue.
Mr. Christianson briefed commission members on the history of the
site informing them at present Mr. and Mrs. Kistner wish to sell
the gas station due to Mr. Kistner's failing health.
Mr. Christianson presented to commission members photo's of the
property in its present state.
Continuing, Mr. Christianson explained the proposed Walgreen's will
be similar to the store constructed at 49 1/2 Street. He added all
trash will be stored within the building. The lighting will be
directed down preventing problems. The fence alongside the single
family properties will be repaired, the greenspace will be
increased and new landscaping will be incorporated into the site to
soften the impact from Vernon Avenue.
Commissioner McClelland questioned the satellite dish depicted on
the plans commenting that it appears very high, Mr. Christian said
the satellite dish is needed for prescriptions, and the height is
8 feet. Commissioner McClelland said she has a concern regarding
it's impact on the neighbors. Mr. Christianson said the residents
of the apartments will not see the dish and no one overlooks it.
Commissioner MCClelland commented on the windows in the Walgreen's
at 49 1/2 Street and the opaqueness of them. She added she does
not like the blue windows and questioned if commission members can
request a different color for the windows. Mr. Christianson told
commissioner members the glass can be almost any color.
3
Commissioner Runyan interjected in response to Commissioner
McClelland's question on opaque windows explained that opaque is
glass that you cannot see through and there are other colors
besides blue to choose from. Commissioner Runyan explained that
the reason for the large glass windows on the 49 1/2 Street store
is if Walgreen's were to move to another location the site would
have windows that could be used for display.
Commissioner Faust asked where employees will park. Mr.
Christianson said at this time that has not been discussed, adding
he believes that will not be a problem because there are 40
proposed parking spaces and at the most five to six employees
working in the store at one time. He added, at present, the
Walgreen's store at 49 1/2 Street does not have a problem with
parking. Commissioner Faust questioned if a "Thirty Minute Only"
parking sign would be erected along the street. Mr. Christianson
responded that at this site off-street parking will not be needed.
Commissioner Faust questioned if Summit is a through street. Mr.
Larsen responded that Summit is not a through street.
Commissioner Workinger said that while he supports the construction
of a Walgreen's on this site he has difficulty with the entrance
off Interlachen. He added in his opinion the entrance invites
vehicles to "cruise" into the site at a high speed.
Commissioner L. Johnson raised a question regarding stacking on
Summit, pointing out one car could block the entrance.
Commissioner Workinger agreed, expressing that the entrance as
depicted could be a safety hazard. He suggested that the entrance
either be moved farther down Vernon Avenue, or abandon the northern
access completely.
Commissioner McClelland said in her opinion Commissioner Workinger
and Commissioner Johnson have raised good points. She told the
commission one option would be to slightly turn the entrance thus
reducing the speed of vehicles entering at this point. She added
another option would be to vacate Summit which would allow more
creativity in drive placement.
Continuing, Commissioner McClelland said she also has another
concern with possible excess hard surface, pointing out Snyder
Brothers Drug Store off 44th and France has a very large parking
lot and she has viewed no more than 10 cars at this site at one
time. She added, in her opinion the proposed Walgreen's store may
not require as many spaces as depicted and concluded that she would
rather see green space with the option of a proof of parking
agreement implemented if additional parking spaces would be
required on site. Chairman Johnson agreed that the number of
customers at the Walgreen's site at any given time would not
require all the proposed parking spaces. Chairman Johnson agreed
that a proof of parking agreement for this site makes sense.
4
Commissioner Workinger noted that another option that would reduce
the speed of vehicles entering the site off Interlachen would be to
construct a speed bump.
Commissioner L. Johnson said another point of concern is
landscaping. He added he is not as concerned with vegetation along
Vernon Avenue but has a concern with the area abutting residential.
He added he would like to see more buffering on the residential
side of the site.
A discussion ensued regarding the curb cut on Interlachen, and the
possible vacation of Summit Avenue. Commission members were of the
opinion that this item should be held over for 30 days allowing
staff and the proponent time to respond to the suggestions raised
at this hearing. They pointed out they would like staff to find
out if a speed bump is possible at the Interlachen/Summit entrance,
if this entrance could be slanted to reduce speed upon entering,
and to study parking at other drug stores to find out a "number"
that makes sense for this type of use.
Commissioner McClelland requested that the proponent if at all
possible provide samples of glass at the next that will could be
used for the windows.
Commissioner McClelland moved to table the meeting until September
4, 1991, allowing staff and the proponent time to consider the
options of slanting the entrance off Interlachen/Summit, consider
constructing a speed bump at the Interlachen/Summit entrance and
study what staff would consider adequate parking spaces for the
site and entering into a proof of parking agreement. Commissioner
L. Johnson seconded the motion. Ayes; G. Johnson, L. Johnson,
McClelland, Faust, Ingwalson, Byron, Workinger, Shaw. Commissioner
Hale voted Nay, Commisioner Runyan abstained. Motion carried.
Z-91-3
R-2
DWE
DOUBLE DWELLING UNIT STRICT TO , SINGLE
ING UNIT DISTRICT. 'TS 4 , BLOCK 1,
K ADDITION. LANDMAR
Ms. Aaker presented er staff
that the rezoning reque
Comprehensive Plan. Sh
of the requested r
improved public
askin
would be
ncluded that s
ing conditioned
t to serve the lots.
the Commission to note
consistent with the
ff recommends approval
the provision of an
Commissizoning o . - lots
5
EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
STAFF REPORT
JULY 31, 1991
Z-91-4
General
Location:
Planned Commercial District, PCD-4 to
PCD-2, Planned Commercial District.
5100 Vernon Avenue
Semper Holdings, Inc.
West of Summit Avenue and north of Vernon Avenue
The subject property is zoned PCD-4, Planned Commercial District an
is developed with a Union Oil Service Station. The proponent is
proposing a rezoning to PCD-2 to allow redevelopment of this 35,000
square foot site as a Walgreen's pharmacy.
The proposed building would have a main level of 8,865 square feet
and a 2,964 square foot basement. The proposed building size is
almost identical to the Walgreens which recently opened at 49 1/2
Street and France Avenue.
The proposed site plan illustrates a 25 foot building setback from
the westerly and northerly property lines. A 55 foot setback from
Vernon Avenue is provided. The building would be constructed with
no setback from the easterly property line, adjacent to Summit
Avenue. Since Summit Avenue is not a commercial district boundary
no setback is required. As proposed the building complies with all
setback requirements. The existing service station provides a
fence along the westerly and northerly property lines to provide
screening for adjacent residential uses. Although still
serviceable the fence is starting to deteriorate.
The proposed site plan illustrates 40 parking spaces. The Zoning
Ordinance requirement for an 11,829 square foot retail building is
73 spaces. Thus a 33 space parking quantity variance is requested.
In support of the parking variance request the proponents have
submitted site plans for similar stores and comments from
Minneapolis and St. Paul Council members regarding stores in their
wards. These other Walgreen stores provide between 20 and 38
parking spaces. The new Edina Walgreens provides 17 spaces. In
two places the proposed parking provides less than the required 20
foot setback from Vernon Avenue. At one point the parking lot
comes to within four feet of the property line. Thus, a 16 foot
parking setback variance is required. Currently access to the
site is gained by two curb cuts on Vernon Avenue with no access to
Summit Avenue. The proposed site plan would continue to utilize
the southerly curb cut as it is today. The second Vernon Avenue
curb cut would be eliminated and replaced by a curb cut on Summit
Avenue.
The northerly and westerly building elevations will be solid face
brick. The easterly elevation will be brick with wood trim and the
southerly elevation will be brick, opaque glass with wood trim.
The windows are not display windows, but would be opaque like the
France Avenue side of the store at 49 1/2 Street and France Avenue.
A five foot high mansard parapet wall will rise above the roof line
to screen mechanical equipment. As at 49 1/2 Street and France
Avenue a six foot diameter satellite dish antenna is contemplated.
Signage would be similar to the other store except that this
development would also have a freestanding pylon sign adjacent to
Vernon Avenue. As illustrated signage would comply with sign
ordinance standards.
Recommendation:
The PCD-4 district is limited to service stations and car washes.
Consequently any change in use requires a rezoning. The proposed
rezoning is consistent with adjacent commercial uses fronting on
Vernon Avenue. The rezoning is consistent with the Comprehensive
Plan. The 40 space parking lot should adequately serve the store.
Walgreens and other drug stores which do not include a restaurant
do not seem to have any particular peak time during the day.
Customer flow appears relatively steady during most hours of
operation. Although the site is relatively large its unusual shape
makes it difficult to utilize fully for parking. To eliminate the
parking setback variance five parking spaces would be lost. I
would recommend granting the variance to ensure adequate on -site
parking.
Staff recommends approval of the preliminary rezoning to PCD-2 and
parking variances subject to the following conditions:
1. Final Rezoning
2. Proof of Parking Agreement providing for City review of
parking demand for any change of use.
3. No signage on west and north building elevations.
4. Landscape plan and bond including a new fence along west
and north property lines.
SEMPER
HOLDINGS, INC.
July 19, 1991
Craig Larson
City Planner
City of Edina
4801 West Fiftieth Street
Edina, MN 55424
Dear Craig:
Please find enclosed the letters we discussed. I have also
enclosed site plans of other free-standing Walgreens to
demonstrate the amount of parking at other locations.
For instance, in Crystal we provided 38 stalls. 58 stalls
were required and we received a variance of twenty eight
percent. At 3207 East Lake Street there are 22 parking
stalls.
Please let me know if I can provide any further information.
Sincerely,
j�
Cat erine J. Vekich
Enclosure
CJV:tic
81 SOUTH 9TH STREET • SUI 1 E 410 • MINNEAPOLIS, MINNESOTA 55402 • (612) 332-1500 • FAX (612) 332-2428
MAY 22 1991
CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
DAVE THUNE
Councilmember
May 21, 1991
Cathy Vekich
Semper Holdings
81 South Ninth Street
Minneapolis, Minnesota 55402
RE: Walgreens
Dear Ms. Vekich:
It is my understanding that you are interested in developing another Walgreens
and that, in that endeavor, the question has arisen as to how much parking is
necessary to accommodate the new Walgreens.
There is a Walgreens located in my ward at 734 Grand Avenue. Grand Avenue
is a very active, vibrant commercial street that is filled with many shops, popular
restaurants, and other customer -drawing interests. As such, I am frequently
called on to deal with parking concerns from the adjoining Summit Hill
Neighborhood. I have never received a call concerning any lack of parking at
Walgreens.
The Walgreens located At Grand and Grotto has 28 parking spaces, and this
apparently is quite adequate to handle all of Walgreens customers. In fact, in
reviewing my records, the only complaint I have had on the lot was from a
neighbor who thought the lot was too large for the use and would have
preferred a smaller lot and more green space.
I hope this , resses any concerns that there might be concerning your project.
Cou ci member -Ward 2
DT/bb
CITY HALL SEVENTH FLOOR
SAINT PAUL. MINNESOTA 55102
5 46
1'rinted on Recycled Paper
612/298-5679
OFFICE OF CITY COUNCIL
350 5TH STREET SOUTH - ROOM 307
MINNEAPOLIS, MINNESOTA 554 15- 1383
(612) 673-2213
CAROL K. JOHNSON
COUNCIL MEMBER, THIRTEENTH WARD
May 17, 1991
Cathy Vekich
SEMPER
81 South 9th Street
Suite 410
Minneapolis, MN 55402
Dear Ms. Vekich:
minneapolis
city of lakes
Thank you for contacting my office to inquire about the parking situation at the
Walgreen's store, 5401 Lyndale Avenue South, located in the 13th Ward. As you know, I
represent this area on the Minneapolis City Council.
In checking my records, I can find no complaints regarding inadequate parking or
�. traffic congestion at this location. The parking seems to be ample and the exits and
entrances situated in such a way as to minimize intersection congestion. The store has
not exacerbated congestion at this intersection and has in fact been a nice addition to
this neighborhood business district.
If you have questions or concerns regarding this or other matters of interest, please
feel free to contact my office.
CKJ:mp/pje
(612) 673-2157
".......„ IRMATIVE ACTION EMPLOYER
I16
Inv , ❑D
Y -.
Warm regards,
Carol K. Jon4on
Council Member - 13th Ward
il�. T T._41J
Clint.' II
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Site Plan
Page 26
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RETORT/RECOMMENDATION
To:
From:
Date:
Subject:
KENNETH ROSLAND
CRAIG LARSEN
OCTOBER 7, 1991
S-91-2, RATELLE
HILL ADDITION
Agenda Item
Consent
Information Only
Mgr . Recommends
Acton
III. C.
To HRA
x To Council
7--
1 Motion
x Resolution
Ordinance
Discussion
Recommendation:
Final Plat Approval with the following conditions:
1. Subdivision dedication based on unimproved land value of
$450,000.
2. Utility connection charges.
3. Conservation easement.
4. Developers Agreement for extension of sanitary sewer.
INFO/BACKGROUND
The final plat is consistent with the four lot subdivision approved
on August 5, 1991.
Subdivision No.
SUBDIVISION DEDICATION REPORT
TO: Planning Commission
Park Board
Environmental Quality Commission
FROM: Planning Department /4Ji4JSUBDIVISION NAME: j/ �/
LAND SIZE: 3 l"J GGv ApIP45 LAND VALUE:' �2 . v2Q
(By: Date :7V3/9"/ )
The developer of this subdivision has been required to
LiA. grant an easement over part of the land
ElB. dedicate % of the land
C. donate $ as a fee in lieu of land
As a result of applying the following policy:
A. Land Required (no density or intensity may be used for the first 5% of
land dedicated)
1. If property is adjacent to an existing park and the addition
beneficially expands the park.
2. If property
so that the
3. If property
is 6 arras or will be combined with future dedications
end result will be a minimum of a 6 acre park.
abuts a natural lake, pond, or stream.
4. If property is necessary for storm water holding or will be dredged
or otherwise improved for storm water holding areas or ponds.
If the property is a place of significant natural, scenic or his-
toric value.
06.
B. Cash Required
1. In all other
02.
instances than above.
Attorney Erickson advised the Council that action must be taken on a plat within
120 days or it is deemed approved. This period can be extended by action of the
developers. Attorney Van Valkenburg and the proponent agreed verbally to waive
the 120 day requirement and to extend the period to August 19, 1991.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PRELIM/MKT PLAT APPROVAL GRANTED FOR RATELLE HILLS ADDITION Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation by Planner
Associate Planner Kris Aaker stated that the subject property is located at 6621
Mohawk Trail (Lot 5, Block 1, Indian Hills Addition) and is a through -lot with
frontage on Mohawk Trail and Dakota Trail. It is a developed single family lot
containing approximately 4.1 acres. The proposed subdivision would create three
new buildable lots. Two lots would front Mohawk Trail with one to be occupied by
the existing home; two additional lots are proposed to front on Dakota Trail.
All lots would conform to ordinance requirements with the exception of Lot 1,
which has the existing home. This lot would require a lot width variance of nine
feet.
The proposal was heard by the Community Development and Planning Commission on
May 29 and June 16, 1991, and recommended preliminary plat approval with the
following changes and conditions:
1. Implementation -of a conservation easement along the streetscapes.
2. Elimination of one of the new lots along Dakota Trail.
3. Final Plat Approval.
4. Subdivision dedication and developers agreement to extend sanitary sever
including utility connection charges.
Presentation for Proponent
Herman Ratelle, representing the proponents, stated that the Ratelles intend to
remain residents of the neighborhood and want to maintain the character and
symmetry, consistent with good planning. He said staff initially recommended
approval of the four lot subdivision. The Planning Commission suggested there be
only one new lot fronting Dakota Trail. The two lots proposed on Dakota Trail
meet all the requirements of the Zoning Ordinance. Safety issues were raised
concerning entrance and exit on Dakota Trail. To address those issues, a common
driveway at the north end of the plat could service the two lots, with a
conservation easement along Dakota Trail to shelter the driveway. Thirty
percent of the neighborhood property owners that were polled are in favor of the
subdivision or will not oppose it. Mr. Ratelle said there was considerable
discussion regarding setbacks and, in particular, setbacks on Dakota Trail. He
noted that existing Dakota Trail homes have deeper setbacks than are proposed
with this development, but most are positioned in direct relationship to
Indianhead Lake.
Mike Gair, McCombs Frank Roos Associates, consultant for the proponents, spoke to
the issue of symmetry. He explained that the medians within the 500 foot
neighborhood are lot width of 168 feet, lot depth of 162 feet and lot area of
31,900 square feet•. The Ratelle Hill Addition proposes the following:
Lot 1 Lot 2 Lot 3 Lot 4
Lot width *157 ft 172 ft 177 ft 181 ft
Lot depth 345 ft 240 ft 174 ft 238 ft
Lot area 68,838 37,597 34,180 38,600
All lots exceed the neighborhood medians except Lot 1 which would require a nine
foot lot width variance.
Concerning traffic safety, Mr. Gair pointed out that they have verified the fact
that both driveways on Dakota Trail would meet MNDOT requirements for 200 foot
sight distances at a speed of 30 mph.
In conclusion, Mr. Gair said the Ratelles intend to be involved in the
development of the property and it is to their interest that the property retain
its quality and character. He asked the Council to consider granting preliminary
plat approval for the four lot subdivision as proposed.
Public Comment
Mayor Richards opened the hearing for public comment and noted that a letter had
been received from Hallie and Steven Richards, 6804 Dakota Trail, agreeing with
the Planning Commission recommendation that only one lot be developed on Dakota
Trail, that they support a conservation easement requirement and a process to
preserve the character and safety of the neighborhood.
Sam Wetterlin, 6609 Dakota Trail, pointed out that Mohawk Trail and Dakota Trail
are totally different areas because of the ridge and should be referenced
separately as to neighborhood median lot sizes. He supported the proposal with
one new lot on Dakota Trail.
Virgil Hed, 6624 Iroquois Trail, observed that the proposed subdivision seemed
reasonable and generous to the neighborhood and that he would support it.
Esther Felsen, 6801.Dakota Trail, said her main concern is with traffic safety.
The area proposed for development is on a winding part of Dakota Trail. In
winter it ices up and 30 mph is too fast under those conditions. She explained
that there are many young children in the area and she fears for their safety.
While subdivision will occur, she said she would like to see some control over
development so that the existing character of the neighborhood is maintained.
Daniel Spiegel, 7104 Valley View Road, asked for clarification of the Planning
Commission's recommendations. Mayor Richards said the recommendation was to
eliminate one lot on Dakota Trail. Further, that the Planning Commission is only
advisory to the Council who has the right to approve or deny any subdivision
proposal.
Peter Simon, 6612 Iroquois Trail, commented that the Council has the
responsibility to protect the rights of all the citizens. To do that the City
has adopted codes, there are MNDOT requirements, and other regulations that
government bodies have built up. The objective way of dealing with subdivision
is to compare what is being proposed against those standards established
previously. He submitted that the proposed subdivision meets all the
requirements and should be approved.
Don Halla, 6601 Mohawk Trail, said he supported approval of the four lot
subdivision as proposed.
Paul Benn, 6613 Dakota Trail, said he was concerned about future development and
asked the Council to consider the long term plan for the entire area and its
affect on the neighborhood.
Council CommentJAction
Member Kelly asked about the driveway inclines for the proposed lots. Mr. Gair
explained the following statistics:
McQuarrie driveway 12 - 13% grade
Tambornino driveway
Retells driveway
Proposed Lot 2
Proposed Lot 3
Proposed Lot 4
15% grade
9% grade
1.5 or 10.4% grade (depending on preference)
13.4% grade
10.9% grade
Member Rice introduced the following resolution and moved adoption, subject to
1) Implementation of a conservation easement along the streetscapes, 2) Final
plat approval, and 3) Subdivision dedication and developers agreement to extend
sanitary sewer, including utility connection charges:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR RATELLE HILL ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "RATELLE HILL ADDITION", platted by Dr. Alex Ratelle and
Patricia Batelle, and presented at the regular meeting of the City Council of
August 5, 1991, be and is hereby granted preliminary plat approval.
Motion was seconded by Member Kelly.
Member Kelly commented that this is a difficult site to develop because of the
topography. The character of the neighborhood on Mohawk Trail is very different
from that of Dakota Trail. Safety also needs to be a major consideration because
of the concern for visibility.
Member Paulus submitted that eliminating one lot would not change the safety
issue. Anyone driving through that area must use caution, especially in the
wintertime. The grades of existing private driveways in the area are much more
severe than those in the proposed subdivision. Further, that approving four or
three lots for the subdivision will not affect future development in the Indian
Hills area.
Member Smith commented that he would support the Planning Commission's
recommendation for a three lot subdivision. Mayor Richards said the decision is
a difficult one but he would also support a three lot subdivision. He then
called for vote on the motion.
Rollcall:
Ayes: Kelly, Paulus, Rice
Nays: Smith, Richards
Resolution adopted.
PRELIMINARY AND FINAL PLAT APPROVAL GRANTED FOR SEVER ADDITION
Presentation by Planner
Associate Planner Aaker explained that the subject property is located at 6600
Normandale Road. At its meeting of July 15, 1991, the Council continued the
subject hearing until the proponents could provide a revised plat. The
conditions for approval have not changed from those recommended by the Community
Development and Planning Commission. Those recommendations were:
1) Elimination of one of the proposed
2) Increase lot width to 100 feet for
3) Final plat approval.
4) Subdivision dedication and utility
new lots.
lot for existing dwelling.
connection charges.
Approval of the modified subdivision would create two new lots. Lot 1 would
contain 13,158 square feet, with a lot width of 97.5 feet and depth of 135 feet.
Lot 2 is the location of the existing two story home and would contain 41,135
square feet, with a lot width of 98.5 feet and depth of 210 feet. The revised
plat would not require any variances; however, Lot 2 would have a lot width of
approximately 1.5 feet less than the 100 feet the Planning Commission had
recommended. At its meeting of July 15, 1991, the Council had indicated that
this hearing could be both the first and second reading of the proposed plat if
deemed appropriate. Preliminary and final plat approval is recommended, subject
to subdivision dedication and utility connection charges.
Member Bice introduced the following resolution and moved preliminary and final
plat approval, subject to payment -of subdivision dedication of $6,400.00 and
utility connection charges:
RATELLE HILL
ADDITION.
E N EI
OF THIS BEARING FM IS
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DRAINAGF EASEMENTS ARE SHOW • UILS
NO. BEARING DIS7ANCE
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i'FiNG5 FEET tVIDTH A\L) ADIOINING LOT LINES
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566.7 INDIAN Hi LL S
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR RATELLE HILL ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "RATELLE HILL ADDITION", platted by Alex E. Ratelle and
Patricia C. Ratelle, husband and wife, and Norwest Bank Minnesota National
Association, a United States of America corporation, and presented at the
regular meeting of the City Council of October 7, 1991, be and is hereby
granted final plat approval.
ADOPTED this 7th day of October, 1991.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina,
do hereby certify that the attached and foregoing resolution is a true and
correct copy of the resolution duly adopted by the Edina City Council at its
Regular Meeting of October 7, 1991, and as recorded in the Minutes of said
Regular Meeting.
WITNESS my hand and seal of said City this 22nd day of October, 1991.
Marcella M. Daehn
City Clerk
- 3
WALLACE C. OLSON
5002 BRUCE AVENUE
EDINA. MINNESOTA 55424
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WALLACE C. OLSON
5002 BRUCE AVENUE
EDINA. MINNESOTA 55424
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EDINA. MINNESOTA 55424
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Case Number
Date
Fee Paid
4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424
161 2) 927-8861
Application for:
[ ] LOT DIVISION
( ] REZONING
LA VARIANCE
[ ] PLAT
] CONDITIONAL USE PERMIT
] FINAL DEVELOPMENT PLAN
] PLAN AMENDMENT
Proposed Name
APPLICANT: Name ��ICE L t�A,%J/C CmC-�
Address cc/
554��`f Phone (4,7/9. ) I0-7- 76 SC
PROPERTY Name
OWNER:
Address
(If Different
from Above) - J
Legal Description of Property
Phone ( )
Property Address
77Sk i1 /LL 1)I/Lk.
Present Zoning ,)kL_ P•I•D•# l<W )S `PO,C-`C —
Explanation of Request: V /JCS c �(p '(A .b }} � L1MCiAi1Or3
>I 5f ct`j'A4lO 1 CG u,60ly7CO - rot i- /00t
AIT-70 • ' 7ttV1244V3 (Nate N e,
(Use reverse side or additional pages if necessary)
';a;t1=ra.-- K• K•VS( , (On- eXCf- ..S1012- ub•
Name �(' Gcat 5 ppipm,I Y11/3 .jelirt teosma Phone (
016
SURVEYOR : Name G) OU T Phone ( )&¢' •2
v ,�'� . �� C.4 `�
Propedty Owner's Signature Applrant's Signature
-i6 - ?/
Date
1/85
Date
the result is, what is viewed from the street is pleasing, or we
require that the addition is pushed back to comply with the
ordinance, and the result is not as visually pleasing. He
concluded it appears to be a matter of aesthetics.
Mr. Olson said when his addition was constructed all materials
matched. He added if materials for the proposed addition match it
will look pleasing to the eye. Mr. Kosmas said it is the intent of
the Nickels to have the materials match the existing structure.
Mr. Runyan said the position of the Board for this request is
very difficult.
Mr. Len Olson moved for denial of the variance request. Mr.
Hale seconded the motion.
Mrs. Utne said she feels torn because of this proposal. She
indicated, in her opinion, without the variance, the finished
product would not be as pleasing as if we were to grant the
variance, and that the aesthetic results are important in our
community.
Mr. Runyan noted that similar proposals have been heard by the
Board, and variances have been granted to allow the matching of the
building wall, thereby creating a more pleasing structure.
Mr. Nickel explained to Board Members that he retained a
architect that would design a addition that would maintain the
character and symmetry of the existing home. He added it is his
opinion, that this design maintains the character and symmetry of
the existing structure. He stated he believes shifting t'le
addition, thereby creating a jog in the building line to comply
with the setback requirements would create a less visually pleasing
addition. He asked the Board to note another reason for the
variance request is that this design better maintains the existing
large mature trees on the lot. Mr. Nickel concluded this design
affords the best protection of the character and symmetry of the
house while maintaining the most vegetation.
Upon roll call vote. Ayes; L. Olson, Rose Mary Utne, R. Hale.
Nay; D. Runyan. Motion for denial carried.
Mr. Runyan explained to Mr. and Mrs. Nickel that they have the
right to appeal the decision of the Board to the Edina City
Council.
relation to the adjacent property to the north the proposed
addition does not negatively impact it. Mr. Kosmas with graphics
explained the proposal as it relates to the most impacted adjacent
property owner to the north.
Mrs. Utne observed that with or without a variance the
neighbors would still be impacted. She said in a sense
constructing anything has impact. Mr. Kosmas agreed, any addition
has impact.
Mr. Hale asked Ms. Aaker what the lot coverage is for this
property. Ms. Aaker said the lot coverage is 15%.
Mr. Olson, 5002 Bruce Avenue, neighbor to the north, informed
the Board that he cannot support the request. He explained to
board members that in 1985 he added an addition. Mr. Olson told
Board members at that time he worked with an architect to design an
addition that would not require variances. He pointed out that he
even required the architect to construct a model of the proposed
addition. Mr. Olson said it is his belief that the house at
present does not comply with the 5 foot sideyard setback
requirement. He added there is a discrepancy with the survey, and
in his opinion the variance should not be granted. He also noted
that the variance request should reflect that discrepancy. Mrs.
Olson said she has a concern that their sunlight will be obstructed
because of the addition. She added she doesn't want the addition
to create an alley -like appearance.
Ms. Aaker in response to Mr. Olson's comment on survey
discrepancies said the variance request reflects that discrepancy.
Mrs. Utne asked Mr. and Mrs. Olson if they understand that the
Nickels can construct an addition without a variance. She added it
is the duty of the Board to decide if the proposed addition better
suits the neighborhood, or if an addition should be constructed
that does not require a variance. Mr. Olson said he understands
that they can construct an addition without a variance, but
believes that the "letter of the law" should be met, no variance
should be granted. The addition should be shifted to meet the
requirements.
Mr. Len Olson asked Mr. Kosmas if he has been inside the Olson
home to see how the addition would impact them. Mr. Kosmas said he
has not been in the Olson home. He stated he believes the impact
on the Olson property from the proposed addition would be minimal.
Mrs. Olson stressed that she has a real concern regarding the
sunlight and wants to be assured that their sunlight would not be
impacted. Mr. Kosmas presented photos of the sunlight at
11:00 a.m. and 5:00 p.m., and from those photos it would appear
that the impact on the sunlight would be minimal.
Mr. Runyan explained that in order to help the process along
one way to look at this, is that we grant the variance request, and
DRAFT MINUTES B.O.A. SEPTEMBER 5, 1991
B-91-30
Walter R. Nickel III
Connie M. Nickel
5004 Bruce Avenue
Lot 23, Block 1, Brucewood
Zoning: R-1
Request: A 1.6 foot sideyard setback variance for building
height.
Ms. Aaker presented her staff report noting the subject
property is currently developed with a two story brick, single
family home built in the late 1930's that has a 30' x 20' attached
garage located to the rear of the home. The homeowners are
proposing to add an 18.3 x 20.5 foot master bedroom above the
garage with a walkway and deck and to expand the existing family
room on the main floor. All aspects of the expansion conform to
ordinance requirements with the exception of the master bedroom's
north wall. The addition has been designed so that the north
building wall of the garage will be extended to accommodate a
second story with the existing setbacks to be maintained. The
existing sideyard setback of the garage varies between 4.7 - 5.1
feet from the north side yard. Under the ordinance standards,
setback must be maintained at a minimum of 6.3 feet to accommodate
the height of the addition.
Ms. Aaker concluded that given the design options and possible
alternatives available to the property owner, staff believes that
the expansion could be modified to conform to ordinance
requirements. Due to lack of demonstrated hardship, staff cannot
recommend approval of the variance request as submitted.
Mr. and Mrs. Nickel III, proponents were present, their
architect Mr. Kosmas of KK Design was present. Interested
neighbors were present.
Mr. Kosmas explained to board members that the reason for the
variance request is to present to the neighborhood the most
pleasing exterior. He noted that he realizes there are
alternatives that do not require a variance, but explained that the
proposal as presented is in keeping with the character and symmetry
of the existing structure and the neighborhood. He pointed out the
addition could comply with requirements by being shifted over. If
this were to happen there would be an irregular roof line and the
eave line would not match. Mr. Kosmas said it has been our
intention to create an addition that looks like it has always been
there as part of the original structure. Mr. Kosmas stated that in
width. Staff is concerned that additional living area at
substandard setbacks may occur in this area.
The most severely impacted neighboring property is adjacent to the
north of the subject site. (No. 5002 Bruce). This property
consists of a 1 1/2 story home with a one story tandem garage
located closest to the bedroom expansion. The bedroom expansion
would be visible to some degree from the second story living area
of No. 5002 Bruce Avenue. It should also be noted that a portion
of the addition would be visible from the street.
The contractor has stated that the expansion was designed to
compliment the existing floor plan and to match the existing
building walls. Staff understands this position; however, it is
evident that the applicant could shift the addition south to
conform to ordinance requirements without sever changes to the
floor plan. The applicant could also pursue a more radical design
utilizing the ample rear yard area for expansion.
Conclusion/Recommendation:
Given the design options and possible alternatives available to the
property owner, staff believes that the expansion could be
modified to conform to ordinance requirements. Due to lack of
demonstrated hardship, staff can not recommend approval of the
variance request as submitted.
B-91-30
EDINA BOARD OF APPEALS AND ADJUSTMENTS
STAFF REPORT
SEPTEMBER 5, 1991
Walter R. Nickel III
Connie M. Nickel
5004 Bruce Avenue
Lot 23, Block 1, Brucewood
Zoning: R-1
Request: A 1.6 foot sideyard setback variance for building
height.
Background:
The subject property is currently developed with a two story brick,
single family home built in the late 1930's that has a 30' x 20'
attached garage located to the rear of the home. The homeowners
are proposing to add an 18.3 x 20.5 foot master bedroom above the
garage with a walkway and deck and to expand the existing family
room on the main floor. All aspects of the expansion conform to
ordinance requirements with the exception of the master bedroom's
north wall. The addition has been designed so that the north
building wall of the garage will be extended to accommodate a
second story with the existing setbacks to be maintained. The
existing sideyard setback of the garage varies between 4.7 - 5.1
feet from the north side yard. Under the ordinance standards,
setback must be maintained at a minimum of 6.3 feet to accommodate
the height of the addition.
Issues/Analysis:
The master bedroom expansion will occupy slightly over half the
area above the three stall garage with the remaining area above the
garage to be utilized for a deck and walkway. The second story
addition will require the relocation of the air conditioning
condenser that is currently located on the garage roof. The
relocated air conditioning equipment would be required to maintain
a minimum 5 foot setback.
Regarding the family room expansion, a variance has not been
requested; however, it will force the garage stall nearest to the
home to be inaccessible to cars. This design arrangement creates
a large storage area adjacent to the kitchen that could potentially
be converted into living area sometime in the future. The board
should note that the proposed garage storage area has a 4.7 foot
sideyard setback which is less than the 5 foot setback required for
living area or new attached garages on lots less than 75 feet in
LOCATION MAP
VARIANCE
NUMBER B-91-30
LOCATION 5004 Bruce
REQUEST A 1.6 foot sideyard setback variance for building
height.
EDINA PLANNING DEPARTMENT
REPORT/RECOMMENDATION
I T0: Ken Rosland
From: Kristine Aaker
Date:
October 7, 1991
Subject: Appeal from Board
of Appeal's Decision for a 1.6
Foot Sideyard Setback Variance
for 5004 Bruce Avenue.
Agenda Item
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation: Affirm the Board of Appeals and Adjustments
decision to deny variance.
BACKGROUND/INFO: On September 5 , 1991, the Board of Appeals
and Adjustments met and heard the request for a 1.6 foot
side yard setback variance for building height for a master bedroom
expansion to a home located at 5004 Bruce Avenue. The Board denied
the variance request as presented. The applicants are now appealing
the Board's decision to the City Council.
AGENDA ITEM III.D
residents
variance
sketches, plans,
the information,
support both the
September 12, 1991
Christine Paulson-Aaker
Assistant Planner
Planning Department
City of Edina
RE: Variance Request for 5004 Bruce Avenue.
This letter is to inform you that we have been contacted by the
of 5004 Bruce Avenue (Connie and Dick Nickel) to discuss their
request. During the discussion architectural drawings,
and code requirements were explained. After reviewing
which we understand has been presented to the city, we
variance reque t and proposed
\7\
J c� () a �;
addition.
(OVER)
k:ri tiny Faulo -A4kQr
Assistant Planner
City of Edina
Planning Department
Board of Appeals Committee
Re: Variance request on Nickel residence at 5004 Bruce Ave.
This is to inform you that we have met with our immediate
neighbors. the Nickels. at 5004 Bruce and discussed their
proposed addition and variance request. During the
discussion archetectural sketches and plans and the
applicable city codes were used to explain the addition and
variance to be requested. We support both the proposed
addition and variance request.
Signed::7,111,4et,vta-
Address:
Date: q/A//q/
Thank You,
ek
5006 Bruce Ave.
Phone: CfaU - 03�-'
RE:ORT/RECOMMENDATION
•
To: KENNETH ROSLAND
From: CR AIG LARSEN
Date:
Subject:
OCTOBER 7, 1991
LD-90-13, 6521 &
6525 McCAULEY
TRAIL.
Agenda Item III. E. 1.
Consent x
Information Only
Mgr . Recommends To HRA
To Council
Action Motion
Resolution
Ordinance
Discussion
Recommendation:
The Planning Commission recommends approval of the lot division.
LOCATION MAP
LOT DIVISION
NUMBER LD-90-13
LOCATION . 6521 and 6525 McCauley Trail
EDINA PLANNING DEPARTMENT
P.C. MINUTES NOVEMBER 28, 1990
LD-90-13
Lots 1, and 2, Block 1,
Indian Hills Third Addition
6521 and 6525 McCauley Trail
Mr. Larsen informed the Commission the proposed lot division
wold adjust the common lot line between lots 1 and 2 of Indian
Hills 3rd Addition. Parcel 1 is developed with a single family
dwelling. Lot 2 is a vacant single family lot. Both lots will
continue to comply with zoning ordinance requirements following the
transfer.
Mr. Larsen concluded staff recommends approval.
Mrs. Shaw moved to recommend lot division approval. Mr. Hale
seconded the motion. All voted aye. Motion carried.
LD-90-13
COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
STAFF REPORT
NOVEMBER 28, 1990
Lots 1 and 2, Block 1,
Indian Hills Third Addition
6521 and 6525 McCauley Trail
The proposed lot division would adjust the common lot line between
lots 1 and 2 of Indian Hills 3rd Addition. Parcel 1 is developed
with a single family dwelling. Lot 2 is a vacant single family
lot. Both lots will continue to comply with zoning ordinance
requirements following the transfer.
Recommendation:
Staff recommends approval as presented.
ZVZh-DE6 09)
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92 47
Resolution
Page 2
AND that part of Lot 1, Block 1, THE TIMBERS, according to the
recorded plat thereof, Hennepin County, Minnesota which lies
northwesterly of a line drawn in a southwesterly direction from a point
on the northeasterly lot line of said Lot 1, Block 1 distant 30.00 feet
southeasterly from the most northerly corner of said Lot 1, Block 1 to a
point n the northwesterly lot line of said Lot 1, Block 1 distant 110.77
feet southwesterly from said most northerly corner thereof and said line
there terminating.
AND that part of Lot 2, Block 1, said INDIAN HILLS THIRD ADDITION which
lies southeasterly of a line drawn in a northeasterly direction from a
point on the southwesterly lot line of said Lot 2, Block 1, distant
20.00 feet northwesterly from the most southerly corner of said Lot 1,
Block 1 to the most easterly corner of said Lot 2, Block 1 and said line
there terminating.
WHEREAS, it has been determined that compliance with the Subdivision and
Zoning Regulations of the City of Edina will create an unnecessary hardship
and said Parcels as separate tracts of land do not interfere with the purposes
of the Subdivision and Zoning Regulations as contained in the City of Edina
Ordinance Nos. 804 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 804
and Ordinance No. 825 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of
this Council as may be provided for by those ordinances.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina,
do hereby certify that the attached and foregoing Resolution is a true and
correct copy of the Resolution duly adopted by the Edina City Council at its
Regular Meeting of October 7, 1991, and as recorded in the Minutes of said
Regular Meeting.
WITNESS my hand and seal of said City this loth day of October, 1991.
City Clerk
RESOLUTION
WHEREAS, the following described tracts of land constitute separate parcels:
Lot 2, Block 1, INDIAN HILLS THIRD ADDITION, and
Lot 1, Block 1, INDIAN HILLS THIRD ADDITION according to the recorded
plat thereof, Hennepin County, Minnesota, Except that part thereof which
lies southeasterly of a line drawn in a northeasterly direction from a
point on the southwesterly lot line of said Lot 1, Block 1 distant 30.00
feet northwesterly from the most southerly corner of said Lot 1, Block 1
to a point on the southeasterly lot line of said Lot 1, Block 1 distant
95.50 feet northeasterly from said most southerly corner thereof and
said line there terminating.
AND that part of Lot 1, Block 1, THE TIMBERS, according to the recorded
plat thereof, Hennepin County, Minnesota which lies northwesterly of a
line drawn in a southwesterly direction from a point on the
northeasterly lot line of said Lot 1, Block 1 distant 30.00 feet
southeasterly from the most northerly corner of said Lot 1, Block 1 to a
point on the northwesterly lot line of said Lot 1, Block 1 distant
110.77 feet southwesterly from said most northerly corner thereof and
said line there terminating.
WHEREAS, the owners of the above tracts of land desire to subdivide said
tracts into the following described new and separate parcels (herein called
"Parcels"):
Parcel One
Lot 2, Block 1, INDIAN HILLS THIRD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, Except that part thereof which
lies southeasterly of a line drawn in a northeasterly direction from a
point on the southwesterly lot line of said Lot 2, Block 1 distant 20.00
feet northwesterly from the most southerly corner of said Lot 2, Block 1
to the most easterly corner of said Lot 2, Block 1 and said line there
terminating.
Parcel Two
Lot 1, Block 1, INpIAN HILLS THIRD ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, Except that part thereof which
lies southeasterly of a line drawn in a northeasterly direction from a
point on the southwesterly lot line of said Lot 1, Block 1 distant 30.00
feet northwesterly from the most southerly corner of said Lot 1, Block 1
to a point on the southeasterly lot line of said Lot 1, Block 1 distant
95.50 feet northeasterly from said most southerly corner thereof and
said line there terminating.
REPORT/RECOMMENDATION
To: KENNETH ROSLAND
From: CRAIG LARSEN
Date: OCTOBER 7, 1991
Subject: LD-91-6, B. & M.
INVESTMENTS.
6615 BELMORE LANE
Agenda Item : T T T, E. 2
Consent : x
Information Only 77
Mgr . Recommends i To HRA
To Council
Action 7 Motion
Resolution
Ordinance
Discussion
Recommendation:
Approve lot division and affirm Board of Appeals decision granting
variances.
INFO/BACKGROUND
The applicant is proposing a lot combination of the existing non-
confonuing lots located at 6615 Belmore Lane. The existing site
includes 6 3/4 lots that have less than 50 foot widths, and lot
areas much less than the 9,000 square foot minimum. The applicants
are proposing to combine the lots into four lots. Three of the
lots will allow new construction and one will be the location of
the existing home. The following table indicates highlights the
proposed lot combinations:
Lot Lot Lot
Lot Width Depth Area
1 77.62' 136.2' 10,570 s.f.
*2 103.4' 136' 14,084 s.f.
*3 69.1' 135.7' 9,389 s.f.
*4 59.62' 136' 8,102 s.f.
*Lots requiring a variance as indicated on the aforementioned
table.
Lot 2. Lot 2 requires a 14.9 foot rearyard setback variance for
the existing home.
Lot 3. Lot 3 requires a 5.85 foot lot width variance.
Lot 4. Lot 4 requires a 15.38 foot lot width variance and area
variance.
The Council should note that even with the variances all lots wold
exceed the average lot widths, depths and area of properties
located within 500 foot radius.
On September 5, 1991, the Board of Appeals and Adjustments heard
and approved the variance requests relating to the 6615 Belmore
Lane lot division with recommendations. On October 3, 1991, the
Planning Commission heard and approved the lot division request
subject to conditions imposed by the Board of Appeals. Staff
recommends Council approval of the lot division request and
supports the recommendations of the Board of Appeals.
DRAFT MINUTES P.C. MEETING OCTOBER 3, 1991
LD-91-6
Mark S. Reiland and Bradley A. Amundson
6615 Belmore Lane
Lot 1, Lot 2, Lot 3, Lot 4, Lot 23, except the
southerly 11 feet thereof, lot 24, lot 2, lot 26,
All in Block 15, west Minneapolis Heights.
Mr. Larsen informed the Commission the subject property
consists of 6 3/4 substandard platted lots, which are non-
conforming regarding current ordinance standards in terms of lot
widths and areas. The applicant has submitted a survey requesting
a simple lot division to combine the 6 3/4 lots into 4 lots. An
existing home on the site will occupy the largest newly created lot
with the other three to be established for new single family
construction.
Mr. Larsen explained that the Planning Commission should note
that even with the proposed variances, the new lots would exceed
the average lot widths, depths and areas of all lots located on Van
Buren and Harrison Avenues between Maloney Lane and Spruce Road.
The Board of Appeals and Adjustments met on September 5, 1991,
to hear the request for variances as submitted. The Board approved
the request subject to the following conditions:
* Review and approval of the submitted plan by the Planning
Commission and City Council.
* Erection of a minimum two car garage on lot 2 within 12
months of the City Council approval (if the existing home
is to remain on lot 2).
* Home designs proposed for the vacant lots respect the
scale and symmetry of the neighborhood.
* Lot 2's rear yard setback variance be tied to the
renovation of the existing home; if the existing home is
demolished, the Board recommends that the 14.9 foot rear
yard setback terminate.
* Removal of the existing carriage house and concrete slab
by end of 1991.
Mr. Larsen concluded staff recommends approval of the lot
combination subject to the conditions imposed by the Board of
Appeals.
The proponent, Mr. Reiland was present to answer Commission
questions.
Commissioner Ingwalson questioned if the proposed lots are
similar in width to the lots within the 500 foot neighborhood. He
questioned if the width variances result from the City requirement
of 75 feet.
Mr. Larsen responded that is correct, the width requirement
for this lot division is from the city ordinance, not the
neighborhood average. Mr. Larsen explained that the lots are
already platted and the subdivision rule of 500 feet does not apply
to platted property. He pointed out if the lots were at 50 feet,
not at 46 feet as these lots are, a building permit could be pulled
without review from the commission.
Mr. Reiland explained that in the 500 foot analysis the
median lot width is 57.6 feet. All lots exceed the width for the
neighborhood.
Commissioner L. Johnson asked if Mr. Reiland included in the
calculations for lot size lots as built, or as platted. Mr.
Reiland said that the calculations included lots as built.
Commissioner McClelland told the Commission in her opinion our
new subdivision ordinance does not work. She pointed out this is
a case where we are once again asked to grant variances. She added
the request before us this evening is an improvement for the
neighborhood, but nonetheless, variances are needed. She noted
that most of the time when asked to grant variances for a
subdivision it results in a negative impact for the neighborhood.
Commissioner McClelland said the "average and mean" used to
calculate lot sizes doesn't work. She pointed out there have been
instances where the 500 foot neighborhood has included homes across
the freeway from a proposed subdivision. She said it appears that
our new ordinance allows developers to overdevelop. Commissioner
McClelland said she remembers the court case that triggered the new
ordinance was won by the city, and one reason for the new
subdivision ordinance was to have the comprehensive plan and the
subdivision ordinance contain the same language. She added
character, symmetry, topography, were mentioned in the
comprehensive plan, but not the subdivision ordinance, that has
been accomplished but problems seem to be reoccurring. She said,
in her opinion our problem is with the definition of the
"neighborhood". 500 feet in certain areas does not work, as noted
previously. She asked the Commission to reconsider the new
subdivision ordinance. She pointed out there were fewer split
votes with our old ordinance. She added now it seems the vote is
always split. This shows inconsistency, and it may prevent us from
winning a court case in the future.
Commissioner Johnson asked if Lot 3 would require a front yard
setback variance. Mr. Larsen said no, the future property owner
would choose to average the block to obtain the front yard setback.
Commissioner Hale said he looks at this proposal, and every
proposal individually, and this proposed development upgrades the
neighborhood.
Mr. Larsen pointed out for clarification that the lot division
approach is the same approach used to develop the property on
Country Club Road.
Commissioner Byron noted that in reality we are taking the
platted lot width of these lots, which is 46 feet, and increasing
the lot width of these four lots to 59 feet.
Commissioner L. Johnson said he is not in favor of the
proposed lot division. In his opinion new construction requires
larger lots. In Edina, it is very difficult to build a new home
with a double garage on a 59 foot lot. If this is done it opens
the door for variance requests. He concluded he is not in favor of
a plan that requires as many variances. He added if he could see
a footprint of a proposed house it may be easier. In reviewing
this request he can find no hardship. Commissioner L. Johnson said
he could support three lots.
Commissioner L. Johnson questioned Mr. Reiland on the price of
the lots. Mr. Reiland said Lot 3, is $59,900, Lot 4, 57,900, Lot
1, 61,900. Commissioner Johnson said when one pays a large amount
of money for a lot, the size of the house increases. Large houses
would be out of character for this neighborhood.
A discussion ensued on the prices of the homes that could be
built on the lots in question, and their size. Commissioner
McClelland said the size of the proposed houses tie into the
character of the neighborhood.
Commissioner L. Johnson questioned what would happen if the
existing house would be torn down. He added if that would occur
the lot width for Lot 3 should increase. Mr. Reiland responded
that the existing home has been purchased, and at present, is being
renovated. The existing house will not be demolished.
Commissioner Hale moved to recommend Lot Division approval
subject to staff conditions and the conditions approved by the
Board of Appeals and Adjustments. Commissioner Ingwalson seconded
the motion. Ayes; Hale, Faust, Runyan, Shaw, Ingwalson, Byron,
Palmer. Nayes; Johnson, McClelland. Motion carried.
.E:
- -
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• • ‘ -
LOT DIVISION
NUMBER
LD-91-6
LOCATION 6615 Belmore Avenue
I N'FLANN IN
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MALONEY
•
444461f*Ar144i#4**''
•
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LD-91-6
Edina Community Development and Planning Commission
Staff Report
October 2, 1991
Mark S. Reiland and Bradley A. Amundson
6615 Belmore Lane
Lot 1, Lot 2, Lot 3, Lot 4, Lot 23, except the
southerly 11 feet thereof, lot 24, lot 2, lot 26,
All in Block 15, west Minneapolis Heights.
The subject property consists of 6 3/4 substandard platted
lots, which are non -conforming regarding current ordinance
standards in terms of lot widths and areas. The applicant has
submitted a survey requesting a simple lot division to combine the
6 3/4 lots into 4 lots. An existing home on the site will occupy
the largest newly created lot with the other three to be
established for new single family construction. The following
table indicates the lot widths, depths, and areas of the new lots:
Lot Lot Lot
Lot Width Depth Area
1 77.62' 136.2' 10,570 s.f.
*2 103.4' 136' 14,084 s.f.
*3 69.1' 135.7' 9,389 s.f.
*4 59.62' 136' 8,102 s.f
*Lots requiring a variance as indicated on the aforementioned
table.
All aspects of the simple lot division conform to ordinance
requirements with the exception of lots 2, 3, and 4.
Lot 2. Lot 2 is the location of the existing home on the
property which will be renovated for occupancy. A purchase
agreement has been signed for lot 2 pending lot division resolution
at council level. Lot 2 conforms to ordinance requirements with
the exception of building setbacks from the east property boundary.
Lot 2 requires a 14.9 foot "rear yard" setback variance. The
variance is required by virtue of where the home was originally
placed. The ordinance states that on a corner lot, either frontage
may be selected as the front lot line. Staff acknowledges that the
existing home fronts Belmore, however, Van Buren has been deemed
the front property boundary to provide more flexibility for
locating a garage or any future additions to the home.
Lot 3. Lot 3 requires a 5.86 foot lot width variance. Lot 2
was given more frontage on Van Buren than lot 3 to provide adequate
area for a garage on lot 2. It should be noted that even with less
than the required lot width, lot 3 provides a greater lot width
than the average lot width of the defined neighborhood.
Lot 4. Lot 4 fronts Harrison and requires a lot width and
area variance. However, it should be noted that a frontage along
Harrison consists of 137.24 feet which is not enough to provide 75
feet for both lots 1 and 4 fronting Harrison. The corner lot
fronting Harrison (Lot 1) was given a greater lot width to
compensate for the 23 foot side street setback required from
Belmore. Although the 59.92 lot width and 8,102 square foot area
of lot 4 is less than the ordinance requirement, the lot is
consistent with or even greater than averages within the defined
neighborhood. In addition because of the required side street
setback from Belmore, lots 1 and 4 will provide roughly the same
building pad area.
The Planning Commission should note that even with the
proposed variances, the new lots would exceed the average lot
widths, depths and areas of all lots located on Van Buren and
Harrison Avenues between Maloney Lane and Spruce Road.
The Board of Appeals and Adjustments met on September 5, 1991,
to hear the request for variances as submitted. The Board approved
the request subject to the following conditions:
* Review and approval of the submitted plan by the Planning
Commission and City Council.
* Erection of a minimum two car garage on lot 2 within 12
months of the City Council approval (if the existing home
is to remain on lot 2).
* Home designs proposed for the vacant lots respect the
scale and symmetry of the neighborhood.
* Lot 2's rear yard setback variance be tied to the
renovation of the existing home; if the existing home is
demolished, the Board recommends that the 14.9 foot rear
yard setback terminate.
* Removal of the existing carriage house and concrete slab
by end of 1991.
Recommendation:
Staff recommends approval of the lot combination subject to
the conditions imposed by the Board of Appeals.
,DINA PLANNING DEPARTMENT CASHIER'S PRICE LIST
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B & M INVESTMENTS
6400 ROLF AVE.
EDINA, MN 55439
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Blue Print Review
0
CITY OF
EDINA
Application for:
LOT DIVISION
REZONING
VARIANCE
PLAT
Proposed Name
Case Number
PLANNING DEPARTMENT -CO
Date
Fee Paid
4801 WEST FIFTIETH STREET . EDINA, MINNESOTA 55424
(61 21 927.8861
APPLICANT: Name B and M Investments
PROPERTY
OWNER:
(If Different
from Above)
Address 6400 Rolf Avenue
CONDITIONAL USE PERMIT
FINAL DEVELOPMENT PLAN
l PLAN AMENDMENT
Edina, Mn. 55439
Name Same
Phone ( ) 942-6239
Address
Phone
( )
Legal Description of Property Lots 1, 2, 3, 24, 25, 26 and the North 35 feet of Lot 23,
Block 15 of the west Minneapolis Heights Addition, Hennepin County, Minnesota.
Property Address
Present Zoning
6615 Belmore Lane (Existing House)
Single Family
Explanation of Request: To
combine
P.I.D.#
6 Lots and part of a 7th Lot into 4 buildable lots.
LANDSCAPE
(Use reverse side or additional pages if necessary)
ARCHITECT: Name Wayne Tauer
SURVEYOR' Name
V 11��1 �'✓'
Property owner's Signature
bate
1/85
T-/'/-y /
of Pioneer Engineering, P.APhone ( )
2422 Enterprise
681-1914
Drive, Mendota Heights, Mn. 55120
Phone l r, )
Date
DRAFT MINUTES B.O.A. SEPTEMBER 5, 1991
B-91-32
Purpose:
Mark S. Rieland and Bradley A. Amundson
6615 Belmore Lane
Lot 1, Lot 2, Lot 3, Lot 4, Lot 23, except the
southerly 11 feet thereof, Lot 24, Lot 2, Lot 26,
all in block 15, West Minneapolis Heights.
A 15.33 foot lot width variance and an 893 square
foot lot area variance for lot 4 and 14.9 foot rear
yard setback variance for the existing house
located on lot 2 for the lot division located at
6615 Belmore Lane.
Ms. Aaker presented her staff report noting the subject
property consists of six platted lots with lot -widths between 45 -
46 feet and a portion of a seventh lot that is 35 feet in width.
The applicants are proposing to combine the 6+ lots into four
buildable lots with one to accommodate the existing two story home.
The application will be processed via a simple lot division which
will not require the recording of a plat. The lot division will
produce two lots fronting Van Buren and two lots fronting Harrison
Avenue.
Ms. Aaker concluded the applicant has proposed a lot division
arrangement that staff believes is both consistent and compatible
with the existing lots along Van Buren and Harrison Avenues. Ms.
Aaker told Board members that since staff was presented with the
materials for the request the future property owner of the existing
house has requested an additional five feet for lot width. Ms.
Aaker said the additional five feet would allow the future property
owners yard space. Ms. Aaker concluded staff would recommend
approval of the four lot arrangement subject to:
* Review and approval of the submitted plan by the Planning
Commission and City Council.
* Erection of a minimum two car garage on Lot 2 within 12
months of City Council approval (if the existing home is to
remain on lot 2).
* Home designs proposed for the vacant lots respect the scale
and symmetry of the neighborhood.
* Lot 2's rear yard setback variance be tied to the
renovation of the existing home: If the existing home is
demolished, staff would suggest that the 14.9 foot rear yard
setback variance terminate.
Mr. Mark Rieland, the proponent was present.
Ms. Aaker explained that the existing house needs variances
because of it's orientation. The home fronts on Belmore Lane and
the new property owner wishes to construct a new double garage, and
possibility an addition. The garage for the exiting house is
located on one of the proposed new lots, therefore it will have to
be removed and reconstructed on Lot 2 (existing home site).
Mr. Rieland explained to board members that there is a
purchase agreement on the existing house. It is the intent of the
future property owners of existing house to renovate it and.
construct a two car garage. Continuing, Mr. Rieland said the
proposed lots area in keeping with the size of the lots within the.
neighborhood. He added it is his opinion that the proposed larger
lots better suit the area than the present 46 foot platted lots.
With graphics it was explained how the existing house is
positioned on the property, the placement of the existing house,
and the proposed placement of the future garage.
A discussion ensued between board members and the proponent,
with board members in agreement that what is proposed better suites
the neighborhood and that it is important to maintain the existing
house.
Mrs. Utne moved to recommend variance approval of the revised
plans subject to staff conditions. Mr. Hale seconded the motion.
All voted aye; motion carried.
f
* * **
* PIONEER
LAND SUR V E YORS • CIVIL ENGINEERS
2422 Enterprise Drive
Mendota Heights, MN 55120
* engineering
* �c *
LAND PLANNERS • LANOSC APE ARCHITECTS
(612) 681-1914
Certificate of Survey for. ✓ 4 Ni INVEST MENT5 P{.OPERTY
3
AVEA/ UE
0
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137.Z4
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35.00
232
LFX.Ar DESCRIPTION
% J
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•P- 35
VAN BuFZEN
Lots 1, 2, 3, 24, 25, 26 and the North 35.00 feet of Lot 23,
Block 15, of WEST MINNEAPOLIS HEIGHTS, according to the
recorded plat thereof, Hennepin County, Minnesota, together
with that part of the vacated alley that accrues to said lots
by reason of said vacation.
0
A VENUE
NORTH
1"-301
I hereby certify that this survey, plan or report
was prepared by me or under my direct supervision
and that I am a duly Registered Land Surveyor
under the Laws of the State of Minnesota. Dated
this (5+h day of„Auo us4 9) •
fl
VIVO 31IS 0OOH1dO9H013N
5
VIVO 311S SNOIIIONOJ ONIISIX3
sa
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VIVO 31IS 03SOdOHd
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I' i It ., •
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74.
CITY OF EDINA
PUBLIC RIGHT-OF-WAY VACATION APPLICATION
Date Initiated f 0 7I
1) I hereby petition the City Council of the City of Edina to vacate all of the following
described public right-of-way:
Street
Drainage Easement
Alley
Other
f I
Utility Easement
Legal description of area proposed to be vacated:
(describe)
,_
}
ion0
d+w1+nV
rO': . c
d 1i 7?
(,vv-c �� s-i- �� �� '( � -� ;��- ter-/ ' % f7 A-
/`- / ✓k( rr' 5
f--Ya-- %4- Pc2t-i((,(_)6e) 1
Attached copy of scaled drawing showing in full detail the proposed vacation.
2) Review
CITY ENGINEER by
Conditions
Signature
Address
Telephone
! — Acceptable l !Opposed
'Conditional
MINNEGASCO by
Acceptable
Conditions
N.W. BELL by !Acceptable
Conditions
N.S.P. by
Opposed I !Conditional
Opposed J Conditional
Conditions
'Acceptable
Opposed
Conditional
10-3800
REPORT/RECOMMENDATION
To: KEN ROSLAND, MANAGER
From: MARCELLA DAEHN, CLERK
Date: OCTOBER 3, 1991
Subject: PETITION FOR VACATION OF
STREET RIGHT OF WAY -
HARVEY LANE IN PLAT OF
PARKWOOD KNOLLS 20TH ADDN
Agenda Item # VII . B
Consent
Information Only
Mgr . Recommends j j To HRA
xj
To Council
Action P M
x Resolutionotion
f ! Ordinance
Discussion
Recommendation:
Adoption of a resolution setting November 4, 1991 as hearing date on the
petition requesting vacation of Harvey Lane in the plat of Parkwood Knolls
20th Addition.
Info/Background:
A petition has been filed with the City requesting vacation of street right of
way for Harvey Lane in the plat of Parkwood Knolls 20th Addition.
Staff would recommend that November 4, 1991 be set as hearing date to consider
the vacation petition. Copy of petition is attached.
CITY OF EDINA
PUBLIC RIGHT-OF-WAY VACATION APPLICATION
� c-
Date Initiated Gl(-5/1
1) I hereby petition the City Council of the City of Edina to vacate all of the following
described public right-of-way:
Street Alley
Drainage Easement
Other
Utility Easement
TOTAL
Legal description of area proposed to be vacated:
rv� ` L 5 I-764 rics
'_k- Scc- CYO - L fSeL3
(describe)
s
Attached copy of scaled drawing showing in full detai the proposed vac ion.
2) Review
CITY ENGINEER by
Conditions
Signatu e
Address
Telephone —3766
1 Rtl 14;1
nn..77(
1AAN-
S XK
I� Acceptable Opposed
,Conditional
MINNEGASCO by
Conditions
N.W. BELL by
Conditions
N.S.P. by
Conditions
Acceptable
'Opposed 1 !Conditional
EilAcceptable
Opposed
Conditional
!Acceptable
Opposed
Conditional
10-3800
REPORT/RECOMMENDATION
To:
KEN ROSLAND, MANAGER
From: MARCELLA DAEHN, CLERK
Date:
OCTOBER 3, 1991
Subject: PETITION FOR VACATION OF
PORTION OF ALLEY RIGHT OF
WAY BETWEEN 5411 ZENITH
AV SO AND 5408 YORK AV SO
Agenda Item #
Consent
Information Only
Mgr . Recommends
Action
VII.A
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Adoption of a resolution setting November 4, 1991 as hearing date on the
petition requesting vacation of alley right of way between 5411 Zenith Avenue
South and 5408 York Avenue So.
Info/Background:
A petition has been filed with the City requesting vacation of alley right of
way between 5411 Zenith Avenue South and 5408 York Avenue South, in the
plat of Seelys 1st Addition to Hawthorne Park.
Staff would recommend that November 4, 1991 be set as hearing date to consider
the vacation petition. Copy of petition is attached.
ais
us
V ?�'�bproM'
REPORT/RECOMMENDATION
To:
From:
Mayor & City Council
Francis Hoffman�l�
City Engineer
Date: 7 October, 1991
Subject: Andover Road/West Shore
Drive Intersection
Drainage Problem
Agenda Item # vI. E.
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Recommendation:
No action required.
Info/Background:
Residents in the vicinity of the Andover Road/West Shore Drive intersection
commented on a drainage problem during the BA-294 improvement hearing.
The Engineering Department survey crews have reviewed the intersection
carefully and report that a minor asphalt repair is all that is necessary
to provide adequate drainage. We would estimate a cost of approximately
$300.00 would fix the intersection. These funds would be general maintenance
costs.
REPORT/RECOMMENDATION
To: Ken Rosland
From: Janet Chandler and the
Edina Recycling Commission
Date: October 7, 1991
Subject: 1992 Recycling Contract
Pg 1. Report
Pg 3. Resolution
Pg 4. Woodlake Proposal
Agenda Item # VI • g
Consent
Information Only
Mgr . Recommends To HRA
[2 To Council
Action Motion
X
Resolution
Ordinance
Discussion
RECOMMENDATION
1. Approval of the enclosed resolution requesting an exemption from
Hennepin County Funding Policy to allow extension of the current
Edina/Woodlake Recycling Contract through calendar year 1992 at no increase
in cost and with the addition of magazine collection.
2. Authorization for the Mayor and City Manager, contingent upon County
approval, to execute a recycling contract with Woodlake.
BACKGROUND INFORMATION
This report reviews the Edina recycling contract process, Hennepin County
funding policy, recycling program results and contractor performance.
Edina Recycling Contract
In July, 1989, following an RFP process, Edina entered into an eighteen
month contract with BFI (Woodlake Sanitary Service) for weekly, city-wide
recycling collection. This contract was extended for calendar year 1991 at
no increase in cost and included the addition of plastic bottle pickup.
Woodlake now proposes to extend the contract at no increase in cost and add
magazine collection to the service. Magazine pickup would be added as soon
as the contract extension is agreed upon.
Hennepin County Funding Policy
The Hennepin County Board has appointed a Task Force to recommend, by
April, 1992, a 5 year recycling funding policy to be effective in 1993. It
is anticipated that this policy will require cities to obtain longer term
recycling contracts. Some changes in city recycling programs may also be
necessitated by this policy.
2
For the interim year, a contract extension seems appropriate, and has been
encouraged by County Staff. However, the County Board is requiring cities
seeking contract extensions to apply for an exemption from their policy
which requires that recycling contracts must be obtained on a competitive
basis.
1991-92 Program Funding
In 1991, Edina will receive 80% program funding (based on the $1.90
curbside rate) from the County in the amount of $290,000. Similar funding
is expected for 1992.
1991 Recycling Program Results
Edina's program results compare very favorably with other cities in the
metropolitan area. An informal survey of 6 cities (Bloomington, Eden
Prairie, Minneapolis, St. Louis Park, Richfield and Minnetonka) found only
one that exceeds Edina's current waste abatement record of 23%. Edina's
combination of a mandatory, weekly program, with recycling available to all
residents, has proved to be very successful.
The collection of magazines would be another step forward for Edina's
program. Mixed paper and additional plastic containers would be next on
the list, as soon as market conditions improve for these materials.
Contractor Performance
Woodlake has provided very dependable recycling service for Edina residents
and fulfilled all contract requirements. Tonnage reports are sent on time.
Service complaints are minimal. Missed pickups and requests for containers
have been handled promptly and courteously. Special service requests for
handicapped or elderly residents have been accommodated.
Placement of recyclables continues to be a challenge in terms of educating
the residents and follow-through by the recycling drivers. An About Town
article (spring '91) stated the rules for placing recyclables. This topic
will continue to be addressed in promotional materials.
On balance, however, we believe the reliable service provided by the
contractor has contributed greatly to the success of the recycling program.
Recycling Commission and Staff Recommendation
The Commission and Staff considerations were as follows:
- The Woodlake proposal increases the service with no cost increase.
- The recycling program is going very well; no compelling reasons to
seek a change from a service standpoint.
-The City should go out for bid on a longer term contract in 1993
when the County's new funding policy goes into effect.
- It seems unlikely that bids on a one year contract would be
more favorable than the Woodlake proposal.
The recommendation is to extend the Woodlake contract for one year as
proposed, following the procedural requirements of Hennepin County.
3
RESOLUTION REQUESTING AN EXEMPTION FROM THE RECYCLING FUNDING POLICY
OF THE HENNEPIN COUNTY BOARD OF COMMISSIONERS
WHEREAS, the City of Edina wishes to continue to provide recycling service
for its residents; and
WHEREAS, the City's contract with Woodlake Sanitary Service, Inc. for
recycling service expires December 31, 1991; and
WHEREAS, the City has received a proposal from Woodlake to extend the
contract at no increase in cost and add magazine collection to the service;
and
WHEREAS, the Edina's recycling contract with Woodlake was obtained through
an RFP process with Woodlake submitting the lowest cost proposal; and
WHEREAS, the Edina Recycling Program is very successful, with no compelling
reasons to make changes from a service standpoint; and
WHEREAS, the Hennepin County Board of Commissioners proposes to change its
recycling funding policy January, 1993; and
WHEREAS, the 1993 policy may cause as yet undetermined program changes for
recycling programs in the cities of Hennepin County;
NOW THEREFORE, BE IT RESOLVED, that the City Council of Edina requests an
exemption from the Hennepin County Recycling Funding Policy to allow a one
year extension of its recycling contract with Woodlake Sanitary Service,
Inc.
4
Recycled paper
W00DLAKE SANITARY SERVICE, INC.
A Subsidiary of
Waste
Systems
eRPN?*-FEwilS NO J5TR S
BFI
September 12, 1991
Ms. Janet Chandler
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Dear Janet:
Per our conversation on September 11, 1991, I would like to discuss with you,
at your earliest convenience, the extension of our Recycling Collection
Program. In reference to Kevin Nordby's letter of September 25, 1990, I am
pleased to propose the following terms for the second year of our contract
extension.
Woodlake Sanitary Service, Inc. will add collection of magazines and
catalogs to the Edina program for no additional charge.
Prices of service for 1992 will remain the same as 1990 and 1991.
The only increase for 1993 will be an adjustment based on the consumer
price index.
Edina can cancel the contract at the end of any contract year with a
ninety (90) day notice.
In addition to the proposed items, I would be in a position to add magazines
and catalogs as soon as we can work out the details for the second year of
the contract extension.
The results of the first two years of the Edina Program have been very
positive. I look forward to continuing the Edina Program and discussing this
proposal with you as soon as we can.
If you have any questions regarding this proposal please feel free to contact
me. Thank you.
Sincerely,
Kevin Tritz
District Manager
KRT/kj j
9813 FLYING CLOUD DRIVE • EDEN PRAIRIE, MINNESOTA 55347 • (612) 941-5174 • FAX: (612) 941-0266
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
To: Dr. Raymond Smyth, Superintendent of Schools
From: Nancy Atchison, Chairperson, Edina Human Relations Commission
Re: "Sharing the Dream" Community Celebration -- Edina's Cultural Expo
Would you, once more, ask the Edina School Board to lend its endorsement to the celebration of
diversity in our community and become a cosponsor along with the City Council and the Human
Relations Commissiion? Plans for the event are currently underway and we expect another very
successful program.
Date: Sunday, February 4, 1992
Place: Edina High School
Format: Exhibits of cultural items and history by a variety of people who are citizens of Edina.
Buffet supper featuring ethnic foods
A closing celebration and program to evoke community spirit
Probable time: 4 to 7 p.m.
Purpose: To honor the memory of Dr. Martin Luther King and his concept of the American Dream
through helping to promote understanding between peoples of various ethnic and cultural
backgrounds.
In previous years the school district has provided invaluable help through the particiation of
staff, printed materials from the print shop and space at the high school. Dennis Maetzold and
Peter Hodne are members of the planning committee. We will again work with the school food
service who provided an especially delicous supper for us last year. I appreciate very much their
help and your own continued support.
cc: -Mayor Fred Richards
Dorie Barman, Chairperson of the celebration
-2-
Tom Oye
5420 Countryside Road
Edina, MN 55436
Juanita Peterson
5912 Crescent Drive
Edina, MN 55436
Alice Randall
4636 Casco Lane
Edina, MN 55424
Jean Rifley
6612 Southdale Road
Edina, MN 55435
Lynne Westphal
5704 Kemrich Drive
Edina, MN 55439
Margaret Wong
6446 Warren Avenue South
Edina, MN 55439
H 929-5677
B 927-9725
H 922-0623
B 927-9725
H 920-5822
H 926-1215
H 941-8493
H 941-7908
1992 CULTURAL EXPO COMMITTEE
Nancy Atchison
6512 Warren Avenue
Edina, MN 55439
Dorie Barman
6210 Braeburn Circle
Edina, MN 55439
Kay Bach
6625 Dakota Trail
Edina, MN 55439
Carol Bromer
6521 Creek Drive
Edina, MN 55439
Joann Buie
6224 Braeburn Circle
Edina, MN 55439
John Crist
5324 Halifax Avenue South
Edina, MN 55424
H 941-3508
B 831-7879
H 941-5245
H 941-9589
H 941-6673
H 941-7979
B 785-4248
H 929-4047
Betsy Flaten H 920-1524
4601 Lakeview Drive
Edina, MN 55424
Joanna Foote B 927-8861
4801 West 50th Street
Edina, MN 55424
Gardner Gay B 866-3496
6020 14th Avenue South
Minneapolis, MN 55417
Peter Hodne H 922-0298
4532 Tower Street
Edina, MN 55424
Dennis & Linda Maetzold
'5110 Arden Avenue
Edina, MN 55424
Sharon Ming
4110 Sunnyside Road
Edina, MN 55424
B 925-8222
H 922-5711
B 633-9222
H 922-7967
(over)
REPORT/RECOMMENDATION
To: Mayor & Council Members
From:
Susan Wohlrabe
Date: October 4, 1991
Subject:
1992 CULTURAL EXPO
Agenda Item # LLA•
Consent ;—
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
1 Discussion
Recommendation:
That the Edina City Council continue its support of the Cultural Expo and
approve the Committee's request that the event be held on Sunday, February
9, 1992, and that the Committee be encouraged to move forward in its
planning of this event. Dorie Barman, Committee Chair, will present a report.
REQUEST FOR PURCHASE
TO:
FROM: RALPH CAMPBELL, DIRECTOR OF COMMUNICATIONS
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
MAYOR RICHARDS AND MEMBERS OF THE CITY COUNCIL
DATE 26 SEPTEMBER 1991
AGENDA ITEM V . c
ITEM DESCRIPTION: PAPER SUPPLY - ABOUT TOWN MAGAZINE
Company Amount of Quote or Bid
1.
2.
3.
1.
2.
3.
4. 4.
5.
INTER -CITY PAPER COMPANY
RECOMMENDED QUOTE OR BID:
5.
INTER -CITY PAPER COMPANY- PER 3/91 BID PROCESS
P.O. 4333
GENERAL INFORMATION:
PAPER FOR CITY NEWS MAGAZINE
5,461.13
Signat
The Recommended bid is
e
ADMINISTRATION
Department
within budget not withi
Kenneth Rosland, City Manager
rector
REQUEST FOR PURCHASE
TO: Mayor Richards and Council Members
FROM: Bob Kojetin, Director Park and Recreation Department
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE October 1, 1991
AGENDA ITEM V. B.
ITEM DESCRIPTION: RangeDballs
1.
2.
3.
4.
for Braemar Golf Course
Company Amount of Quote or Bid
Spalding $5.50/doz. x 2000
Wittek $6.10/doz. x 2000
Werre-Betzen $6.25/doz. x 2000
1.
2.
3.
4.
5. 5.
RECOMMENDED QUOTE OR BID:
Spalding $11,000
GENERAL INFORMATION:
Range balls with logo for Braemar Golf Course
Sign
The Recommended bid is
within budget not within get �,' Wallin, ' nance Director
$11,000
$12,200
$12,500
Denartn t
Kenneth Rosland City Mana • er
REQUEST FOR PURCHASE
TO:
FROM:
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
Mayor and Council Members
Chuck Peterson, Liquor Stores
DATE: 10/03/91
AGENDA ITEM v • A'
ITEM DESCRIPTION: Signs for Vernon Ave Liquor Store
Company Amount of Quote or Bid
1 Sign Services Incorporated 1.
$10,880.00
2. Lawrence Sign 2. $11,115.00
3. Universal Signs 3. $10,934.00
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
Sign Services Incorporated
GENERAL INFORMATION:
The preceding quotes are for an illuminated awning for the Vernon
Avenue Store. The awning will be internally lit like our York Avenue
store, but the color will be burgundy to match up better with the
other stores located next to the liquor store. The awning will
provide better lighting in front of the store and make it more
visible from Vernon Avenue.
-xe-24/
Signature
The Recommended bid is
Liquor Stores
within budget not withi b
Department
«^
o Wallin, Fi = nce Director
Kenneth Rosla d City Manag - r
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AGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL
OCTOBER 21, 1991
7:00 P.M.
ROLLCALL
ADOPTION OF CONSENT AGENDA ITEMS - Adoption of Consent Agenda Items is made by the
Commissioners as to HRA items and by the Council Members as to Council items. All agenda
items marked with an asterisk (*) and in bold print are Consent Agenda Items and are
considered to be routine and will be enacted by one motion. There will be no separate
discussion of such items unless a Commissioner or Council Member or citizen so requests,
in which case the item will be removed from the Consent Agenda and considered in its normal
sequence on the Agenda.
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
* I. APPROVAL OF MINUTES of HRA Meeting of October 7, 1991
* II. AWARD OF BID - Playground Equipment - Sherwood Park
• II. PAYMENT OF HRA CLAIMS
III. ADJOURNMENT
* I.
EDINA CITY COUNCIL
APPROVAL OF MINUTES of Special and Regular Meetings of October 7, 1991
II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk.
Presentation by Planner. Public comment heard. Motion to close hearing. Zoning
Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all
members of Council to Pass. Waiver of Second Reading: 4/5 favorable rollcall vote
of all members of Council required to pass. Final Development Plan Approval of
Property Zoned Planned District: 3/5 favorable rollcall vote required to pass.
* A. Tract R, RIS No. 1050 - Normandale Golf Area (Continue indefinitely)
1. Comprehensive Plan Amendment - Quasi -Public to Public and Office
2. Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2 Planned
Office District and Preliminary Plat Approval
B. Preliminary Plat Approval - Asra Ashraf Addition - Generally located North of
Crosstown Highway and east of Vernon Court
III. SPECIAL CONCERNS OF RESIDENTS
IV. AWARD OF BIDS
* A. Agency Services - About Town Magazine
Agenda
Edina City Council
October 21, 1991
Page 2
V RECOMMENDATIONS AND REPORTS
A. Approval of Traffic Safety Committee Minutes of 10/15/91
B. Board Appointments - Regional Citizen Advisory Board (SHRPO)
C. Public Hearing - Beer and Wine License Fees
D. Appointment - Community Services Board (Park Board representative)
VI. INTERGOVERNMENTAL ACTIVITIES
VII. SPECIAL CONCERNS OF MAYOR AND COUNCIL
VIII. MANAGER'S MISCELLANEOUS ITEMS
A. AMM Legislative Policy - Membership Meeting 11/07/91
B. RTB Regional Meeting - 10/30/91
IX. FINANCE
A. Resolution Setting Hearing Date of 11/18/91 on a Proposal that the City of
Minneapolis Issue Revenue Bonds to Refund 1985 Bonds - Fairview Southdale
Hospital
B. Payment of Claims as per pre -list dated 10/21/91: Total $902,915.26 and fa.
confirmation of payment of Claims dated 09/30/91: Total $362,286.15
SCHEDULE OF UPCOMING MEETINGS/EVENTS
Sat Oct 26 Ordinance Codification Work Session 8:00 A.M. Arneson Acres
Mon Nov 4 Regular Council Meeting 7:00 P.M. Council Room
Mon Nov 11 VETERANS DAY - CITY HALL CLOSED
Mon Nov 18 Regular Council Meeting 7:00 P.M. Council Room
(Truth in Taxation Hearing)
Sat Nov 23 Ordinance Codification Work Session 8:00 A.M. Arneson Acres
Mon Dec 2 Regular Council Meeting 7:00 P.M. Council Room
Mon Dec 16 Regular Council Meeting 7:00 P.M. Council Room
MINUTES
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
OCTOBER 7, 1991
ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice and
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion was made by Commissioner Kelly and was
seconded by Commissioner Rice to approve HRA Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF THE MEETING OF SEPTEMBER 23, 1991, APPROVED Motion was made by
Commissioner Kelly and was seconded by Commissioner Rice to approve HRA
Minutes of September 23, 1991.
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED AUTHORIZING AMENDMENT OF ASSESSMENT AGREEMENT - CENTENNIAL
LAKES CONDOMINIUMS Executive Director Hughes indicated that all properties in
Centennial Lakes and Edinborough are subject to assessment agreements. The
agreements establish a minimum market value for property tax purposes with
respect to each property. The owner of each property subject to an assessment
agreement cannot appeal, either administratively or judicially, for a
reduction in the market value of the property below the minimum established by
the assessment agreement. The City Assessor is free to value property above
the amount specified in the assessment agreement. However, the property owner
may appeal such a valuation but not to a point below the base value of the
agreement.
Assessment agreements are one of the tools used by the HRA to "guarantee" the
generation of tax increments in amounts sufficient to retire the bonds. In
the case of Edinborough, the assessment agreements provided that the minimum
market value for the Edinborough Corporate Center and the Edinborough Park
Plaza would increase for a period of five years at the annual rate of three
percent. Although the Edinborough Condominiums established a minimum market
value, no annual escalator was provided in the assessment agreement due to the
concern that such an escalator could chill sales of individual condominium
units. In the case of Centennial Lakes, an annual increase of three percent
was provided in the assessment agreements for all properties including the
Centennial Lakes Condominiums. This three percent increase was not limited to
five years, as is the case at Edinborough, but rather until all bonds were
repaid for the development, i.e., approximately twenty years.
Jonathan Scoll, attorney for the Centennial Lakes Housing Partnership, has
requested that the annual three percent escalator clause be removed from the
assessment agreements relative to the Centennial Lakes Condominiums.
Apparently the escalator clause has been the subject of concern by the buyers
of the Centennial Lakes Condominiums, especially the higher priced units.
H.R.A. Minutes - 10/07/91
Page two
Director Hughes opined that the requested amendment to the assessment
agreement is in order. The purchasers of Centennial Lakes Condominium units
should be bound by the same requirements as the purchasers of Edinborough
Condominiums. Instead, purchasers at Centennial Lakes are obliged to accept
potential valuation increases that could cumulatively total over 80 percent
during the term of the assessment agreement while Edinborough homeowners are
not faced with this potential increase.
Commissioner Rice introduced the following Resolution and moved its approval:
RESOLUTION
BE IT RESOLVED by the Edina Housing and Redevelopment Authority that all
assessment agreements now or hereafter given in connection with the
residential condominiums at Centennial Lakes shall be amended to delete the
requirement that the initial market values be increased by three percent per
year cumulatively;
BE IT FURTHER RESOLVED that any two officers of the Edina Housing and
Redevelopment Authority hereby are authorized and directed to execute and
deliver such amendments to the Amended and Restated Land Sale Agreement and
Contract for Private Redevelopment with the East Edina Housing foundation
dated as of September 30, 1988, and to such assessment agreements as are
necessary and desirable to implement the foregoing resolution.
Motion was seconded by Commissioner Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
*CLAIMS PAID Motion was made by Commissioner Kelly and was seconded by
Commissioner Rice to approve payment of the claims as shown in detail on the
Check Register dated 10/07/91, and consisting of one page totalling
$21,055.84.
Motion carried on rollcall vote - four ayes.
There being no further business on the HRA Agenda, Chairman Richards declared
the meeting adjourned.
Executive Director
REQUEST FOR PURCHASE
TO: HRA
FROM: GORDON L. HUGHES
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE: October 21, 1991
AGENDA ITEM HRA II.
ITEM DESCRIPTION: SHERWOOD PARK PLAYGROUND EQUIPMENT
Company Amount of Quote or Bid
1. Value Recreation, Inc. 1.
2. Earl. F. Anderson and Assoc., Inc. 2.
3. Odland Construction, Inc. 3.
4. 4.
5. 5.
$10,183.00
12,974.00
13,320.00
RECOMMENDED QUOTE OR BID:
Value Recreation, Inc. - $10,183.00
GENERAL INFORMATION:
The proposed purchase is for the installation of playground
equipment in Sherwood Park. The expenditure is presently
scheduled in the Park Department's 1992 capital budget.
Sherwood Park is located within the Grandview Tax Increment
Financing District. Therefore, staff proposes to fund this
purchase by way of excess increments from this T.I.F.
district. Staff believes that this expenditure is consistent
with the Council's direction regarding public improvements
in the Grandview arca.
The Recommended bid is X
within budget not within,budg�t /J6 -Wallin, Fi .`nce Director
Kenneth Rosland, City Manager
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MINUTES
OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 7, 1991 - 5:00 P.M.
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor
Richards.
PREVIEW OF PROPOSED 1992 BUDGET PRESENTED Manager Rosland presented the
proposed 1992 City of Edina Budget and explained that the budget is based upon
the projections presented to the Council during the budget assumptions meeting
held August 19, 1991. He then reviewed his memorandum dated October 7, 1991,
relating to the proposed 1992 City of Edina Budget, summarized as follows.
Expenditures
Proposed 1992 General Fund Expenditures are $13,817,945 which represents a
1.77 percent increase over 1991, the smallest increase in many years. The
proposed 1992 budget cannot be accomplished without sacrifice. It does not
provide for new programs, new equipment, or new increases in service levels.
In fact, it reduces temporarily the staff complement which will result in a
reduction of service levels.
The proposed budget includes a wage adjustment of 3.0 percent and an increase
in City funded insurance benefits of $30 per month. This benefit increase is
in order based upon comparisons with other cities.
Budget Reductions
The following reductions comprise staff recommendations for accomplishing the
budget goals of the Council.
Staff Reduction - Prior to or during 1992, several positions will be vacated
due to retirement or other reasons. These include a street maintenance
employee, an engineering employee, a police officer, two park maintenance
workers and various parttime street department and park department workers.
The projected savings from this hiring freeze is $166,805.
Reallocation to Other Funds - Mailing costs for the Truth in Taxation notice
of approximately $20,000 is recommended to be borne by the communication fund.
Staff would also recommend that $10,000 in parking ramp maintenance costs be
removed from the General Fund and assessed against properties at 50th and
France.
Overtime - Overtime budget in the Fire Department to be reduced by $20,000.
Commodities - Commodity budget for office supplies to be reduced by $10,000.
Street maintenance budget to be reduced by $15,000 due to technological
improvements that reduce the grade of oil used for street renovation.
Contingencies - Contingency budget to be reduced by $20,000.
Revenues
Licenses/Permits and Fees/Charges - Increase in revenues projected for
licenses/permits of 4.5 percent and for fees/charges of 2.4 percent.
Intergovernmental Aid - To be increased by $100,000 due to changes in the
distribution of the formula for state gas tax funds.
Real and Personal Property Taxes - Proposed budget requires a gross levy of
$10,456,761 which represents a 0.7 percent increase from 1991. Due to the
1991 property tax law, the City will again qualify for some Homestead and
Agricultural Credit Aid (HACA). This aid will be credited against the gross
levy which will result in a net levy of $10,191,966 for a reduction in actual
levy by 1.85 percent.
COUNCIL REVIEW AND DISCUSSION
Following the presentation by Manager Rosland, Mayor Richards lead the Council
in a line item review of the proposed expenditures by department. The main
items discussed by the Council included: 1) LOGIS, 2) Employee benefit
increase/employee participation, 3) Election costs, 4) Decrease in service
levels in some areas, 5) Assessment of ramp maintenance to 50th/France
properties, 6) Public safety overtime, in particular Fire Department overtime
related to callbacks, 7) Costs related to 911 calls, 8) Public health contract
and services, and 9) Recycling program alternatives. Also reviewed were the
allocations in the capital budget and projected revenues for 1992.
Upon completion of the review, Mayor Richards stated that formal action on the
proposed 1992 Budget would be taken upon close of the Truth in Taxation
Hearings scheduled for November 18, 1991. Mayor Richards declared the meeting
adjourned at 6:23 p.m.
City Clerk
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 7, 1991
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Notion was made by Member Kelly and was seconded
by Member Rice to approve and adopt the Council Consent Agenda items as
presented, with the exception of removal of Item V.A., Sign for Vernon Avenue
Liquor Store.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF THE REGULAR MEETING OF SEPTEMBER 23. 1991 APPROVED Motion was made
by Member Kelly and was seconded by Member Rice to approve the Council Minutes of
the Regular Meeting of September 23, 1991.
Motion carried on rollcall vote - four ayes.
PUBLIC HEARING CONCLUDED: SPECIAL ASSESSMENT LEVIED FOR ALLEY IMPROVEMENT
NO. E-32 (BETWEEN OXFORD AV. AND BEDFORD AV.) Engineer Hoffman recalled that the
public hearing on the alley improvement between Oxford Avenue and Bedford Avenue,
south of West 51st Street had been continued from September 23, 1991, for further
review of the cost allocation. The analysis which had been presented showed a
total assessable cost of $8,348.62 proposed to be assessed against 14 lots at
$596.33 per lot, payable over 10 years. This is the normal assessment allocation
for alley improvements. He reported that a letter had been sent to all affected
property owners reiterating the proposed assessment and enclosing a copy of a
letter from Jon Wilbur, 5100 Bedford Avenue, which suggested that the eight alley
users pay twice as much as the six non -users.
Member Paulus asked if the City has pro -rated assessments in the past and
suggested that this might set a precedent. Engineer Hoffman responded that the
City has not done so in the past. Attorney Erickson explained that the City's
rules for assessment provide that each property be evaluated and assessed at not
more than the benefit received from the improvement and that the assessment must
be spread in a uniform manner. He opined that the application of those rules
should not set a precedent as the result of any given application.
Debra Strege, 5113 Bedford Avenue, filed a letter of appeal in objection to the
proposed assessment. John Wilbur, 5100 Bedford Avenue, spoke in support of his
letter suggesting the two-tier assessment.
Assessment for Alley Improvement No. E-32 approved, subject to an assessment of
$760.00 against each of eight user properties and $360.00 against each of six
non -user properties, by motion of Mayor Richards, seconded by Member Kelly and
carried unanimously.
Mayor Richards then introduced the following Resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING
SPECIAL ASSESSMENT LEVIED ON ACCOUNT
OF PUBLIC IMPROVEMENT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The City has given notice of hearing as required by law on the proposed
assessment roll for the improvement hereinafter referred to, and at such hearing
held on September 23, 1991 and concluded on October 7, 1991, has considered all
oral and written objections presented against the levy of such assessment.
2. The assessment as set forth in the assessment roll on file in the office of
the City for the following improvement:
ALLEY IMPROVEMENT NO. E-32
does not exceed the local benefits conferred by said improvement upon the lot,
tract or parcel of land so assessed, and all of said assessment is hereby adopted
and confirmed as the proper assessment on account of said improvement to be
spread against the benefitted lots, parcels and tracts of land described therein.
3. The assessment shall be payable in equal annual installments, the first of
said installments, together with interest at a rate of 9.0% per annum, on the
entire assessment from the date hereof to December 31, 1992, to be payable with
the general taxes for the year 1992. To each subsequent installment shall be
added interest at the above rate for one year on all then unpaid installments.
The number of such annual installments shall be as follows:
Name of Improvement Number/Installments
ALLEY IMPROVEMENT NO. E-32 10 years
4. The City Clerk shall forthwith prepare and transmit to the County Auditor a
copy of this resolution and a certified duplicate of said assessment with each
then unpaid installment and interest set forth separately, to be extended on the
tax lists of the County in accordance with this resolution.
5. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the owner of any right-of-
way as required by Minnesota Statutes, Section 429.061, Subd. 4, and if any such
assessment is not paid in a single installment, the City Treasurer shall arrange
for collection thereof in installments, as set forth in said Section.
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
*DEFERRAL OF SPECIAL ASSESSMENT FOR STREET IMPROVEMENT NO. BA-292 AGAINST PIN 30-
117-21-32-006 AFFIRMED Council was informed that the applicant qualified for
deferral of the special assessment levied on September 23, 1991, against
0utlot B, Interlachen Hills 3rd Addition, for Street Improvement No. BA-292.
Motion was made by Member Kelly and was seconded by Member Rice affirming the
deferment of the special assessment against 0utlot B, Interlachen Hills 3rd
Addition (PIN 30-117-21-32-0006) for Street Improvement No. BA-292.
Motion carried on rollcall vote - four ayes.
PRELIMINARY REZONING GRANTED FROM PCD-4 TO PCD-2 FOR PROPERTY AT 5100 VERNON AV
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen explained that the subject property, located on the north side of
Vernon Avenue immediately west of Summit Avenue, at 5100 Vernon Avenue is zoned.
PCD-4, Planned Commercial District and is developed with a Union Oil Service
Station. The proponent is requesting a rezoning to PCD-2 to allow redevelopment
of the site as a Walgreen's pharmacy.
The proposed building would have a main level of 8,865 square feet and a 2,964
square foot basement and would be similar to the Walgreen's recently opened at
49 1/2 Street/France Avenue. He noted that this site is approximately 35,000
square feet in area - the France Avenue site is approximately 21,000 square feet.
Both buildings will be nearly identical in size but in this case there will be
substantially more on -street parking. Planner Larsen said the proposal for
parking is for 36 spaces, down from the original proposal of 40 spaces to allow
for additional setback and for more green space. That compares to 17 on -site
parking spaces that exist at the France Avenue location and to 73 spaces that
would be required by the Zoning Ordinance for a general retail development of
this size.
The proposed brick building would be residential in flavor. The northerly and
westerly building elevations would be solid face brick. The easterly elevation
would be brick with wood trim and the southerly elevation would be brick and
opaque glass with wood trim. Additionally, a five foot high mansard parapet wall
would rise above the roof line to screen mechanical equipment as well as a
satellite dish identical in size to the dish installed at the France Avenue site.
Signage would be similar to the France Avenue store except that this development
would have a freestanding pylon sign adjacent to Vernon Avenue.
Access on the south side would remain as it currently exists, would be shared
with Norwest Bank and would coincide with the main entrance across Vernon Avenue
to Jerry's. The second Vernon Avenue curb cut would be eliminated and be
replaced by a curb cut on Summit Avenue with right in/right out only with no left
exit turn allowed.
The Community Development and Planning Commission considered the rezoning request
on two different occasions, with concerns focused on parking and green space.
The plan now presented was recommended by the Commission who felt that 36 spaces,
based on other Walgreen's sites, would handle the development. The Commission
did feel a proof of parking agreement would provide additional spaces if needed
or for a reuse of the property where the parking may not be adequate. The
Commission recommended preliminary rezoning approval subject to: 1) Final
rezoning, 2) Proof of parking agreement, 3) No signage placed on the northerly
and westerly walls and 4) Landscaping plan and bond to include replacing the
existing fence that screens the westerly property line.
Planner Larsen concluded by noting that John Kohler, Runyan/Vogel Group
Architects, and Craig Christianson, Semper Holdings, the developer, were present
to respond to questions.
Presentation by Proponent
In response to questions concerning landscaping, John Kohler, said that all but
one existing pine tree would remain on the west and north and that sixteen trees
would be added to the site. All trash would be stored inside the building and
any outside lighting would be down lit.
Mayor Richards then called for public comment on the proposed rezoning; no
objection or comment was heard.
Member Rice introduced Ordinance No. 825-A43 for First Reading as follows,
subject to: 1) Final rezoning, 2) Proof of parking agreement, 3) No signage on
the north or west walls and 4) Landscaping plan and bond to include replacement
of the existing fence screening the westerly property line:
ORDINANCE NO. 825-A43
AN ORDINANCE AMENDING ORDINANCE NO. 825
BY REZONING PROPERTY TO PCD-2 PLANNED COMMERCIAL DISTRICT
FROM PCD-4 PLANNED COMMERCIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
"The extent of the Planned Commercial District (PCD-2) is enlarged by the
addition of the following property:
Being parts of Lots 6, 7, 8, 9 and 10, Block 4, Grand View Heights,
BEGINNING at an iron monument at the intersection of the Westerly right-of-
way line of Summit Avenue (a 46 foot right-of-way) and the curved
Northwesterly right-of-way line of U.S. Highways No. 169 and No. 212 (a 100
foot right-of-way); thence in a Southwesterly direction along the curved
right-of-way line of U.S. Highways No. 169 and No. 212 curving to the left
and having an arc length of 169.17 feet, radius of 716.20 feet, chord
length of 168.67 feet to an iron monument thence in a Westerly direction
along the Southerly boundary of Lot 10 a distance of 48.8 feet to an iron
monument; thence in a Northerly direction along the Westerly boundaries of
Lots 10, 9, 8, 7 and 6 and forming an interior angle of 89 degrees 56' 30",
with the Southerly boundary of Lot 10 a distance of 300.0 feet to an iron
monument; thence in an Easterly direction along the Northerly boundary of
Lot 6 and forming an interior angle of 90 degrees 03' 30" with the Westerly
boundaries of Lots 10, 9, 8, 7 and 6 a distance of 140.0 feet to an iron
monument; thence in a Southerly direction along the Westerly right-of-way
line of Summit Avenue a distance of 158.11 feet to the POINT OF BEGINNING,
according to the plat thereof on file and of record in the office of the
Register of Deeds in and for Hennepin County, Minnesota.
Lot 8, and Lot 10, except State Highway No. 5, in Block 4, Grand View
Heights, according to the plat thereof on file or of record in the office
of the Register of Deeds in and for said Hennepin County, the same being
Registered Land as is evidenced by Certificate of Title No. 515672 dated
March 12, 1975.
The extent of the Planned Commercial District (PCD-4) is reduced by
removing the property described above from the PCD-4 District."
Sec. 2 This ordinance shall be in full force and effect upon its passage
and publication.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
First Reading granted.
*PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY REZONING R-1 TO
POD-2 AND PRELIMINARY PLAT FOR NORMANDALE GOLF AREA CONTINUED TO 10/21/91 Motion
was made by Member Kelly and was seconded by Member Rice to continue the public
hearing on Comprehensive Plan Amendment from Quasi -Public to Public and Office,
Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2 Planned Office
District and Preliminary Plat Approval for Tract R, RLS No. 1050 (Normandale Golf
Area) to the Council meeting of October 21, 1991.
Motion carried on rollcall vote - four ayes.
FINAL PLAT APPROVED FOR RATELLE HILL ADDITION (LOT 5, BLOCK 6, INDIAN HILLS)
Planner Larsen presented the request for final plat approval for Ratelle Hill
Addition, Lot 5, Block 6, Indian Hills. He recalled that the Council had granted
preliminary approval on August 5, 1991, for a four lot subdivision; one lot for
the existing dwelling and three new buildable lots. The final plat is consistent
with the four lot subdivision approved earlier. Staff would recommend final plat
approval, subject to: 1) Subdivision dedication based on an unimproved land value
of $450,000.00, 2) Utility connection charges, 3) 40 foot conservation easement,
and 4) Developers agreement for extension of sanitary sewer.
Member Kelly reiterated her concern regarding traffic safety for driveways on
proposed Lots 3 and 4. Mike Gair, McCombs Frank Roos Associates, consultant for
the proponents, explained that the driveways for Lots 3 and 4 on Dakota Trail
meet MnDOT requirements for 200 foot sight distance at a speed of 30 mph.
Driveways for the two new proposed lots would not be shared with the adjoining
Tambornino property, but the curb cuts would be in close proximity. Further, he
explained that they had considered alternatives which were not feasible because
of the grade elevations. They felt the proposal as presented is the best answer.
Member Kelly asked if the City could control the placement of the driveways on
those lots. In response, Planner Larsen said that information would be required
as part of the permit application process and would be reviewed by the Building
Official.
Public Comment
Speaking in opposition to granting final plat approval were Hallie Richards, 6804
Dakota Trail, who presented a petition signed by 35 residents in opposition to
the two lots being platted on Dakota Trail; Richard Meli, 6601 Dakota Trail; Greg
and Esther Felsen, 6801 Dakota Trail; and Sam Wetterlin, 6609 Dakota Trail.
Their main concerns were safety/traffic issues because of the proposed two lots
on Dakota Trail and that the character/symmetry of the area be maintained.
Speaking in support of the proposed subdivision were Virgil Hed, 6624 Iroquois
Trail; Dr. Donald McQuarrie, 6625 Mohawk Trail; and Peter Simon, 6612 Iroquois
Trail.
Dr. Joseph Tambornino, 6608 Dakota Trail, said he was concerned with traffic
safety because of the grade elevation for the proposed driveways on Dakota Trail.
Council Comment/Action
Member Rice questioned the setback for the homes, the conservation easement, the
footprints of the houses, and standards for adjoining driveways. Planner Larsen
answered that the setbacks are proposed at 80/90 feet including the 40 foot
conservation easement which would be placed of record. The proposed house
footprints are purely illustrative in nature. There are no separation
requirements for driveways, they may be adjoining or shared.
Member Paulus commented that the proponents are within their legal rights to
subdivide their property and have meet ordinance requirements. She said that
change is difficult but inevitable. One or two homes will not affect traffic or
safety in that rural neighborhood. Further, there is no City ordinance that
prevents the cutting down of trees by an owner on his property. For those
reasons, Member Paulus said she would support the subdivision.
Attorney Erickson answered Member Kelly's concern about the City's control over
location of driveways on Lots 3 and 4 by saying the building code and setback
requirements must be adhered to but that outside of considering the topography
there are no other rules. Mayor Richards observed that he looks at the issue of
density in all proposed subdivisions and would support a less dense development.
Member Paulus introduced the following resolution and moved its adoption, subject
to: 1) Payment of $36,000.00 subdivision dedication fee, 2) 40 foot conservation
easement, 3) Utility connection charges, and 4) Developers agreement for
extension of sanitary sewer:
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR RATELLE HILL ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "RATELLE HILL ADDITION" platted by Alex E. Ratelle and
Patricia C. Ratelle, husband and wife, and Norwest Bank Minnesota National
Association, a United States of America corporation, and presented at the regular
meeting of the City Council of October 7, 1991, be and is hereby granted final
plat approval. Motion was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice
Nays: Richards
Resolution adopted.
BOARD OF APPEALS DECISION REVERSED: SIDEYARD SETBACK VARIANCE GRANTED FOR 5004
BRUCE AVENUE.
Presentation by Planner
Assistant Planner Kris Aaker explained that on September 5, 1991, the Board of
Appeals and Adjustments met and heard the request for a 1.6 foot side yard
setback variance for building height for a master bedroom expansion to the home
located at 5004 Bruce Avenue. The Board denied the variance request as presented
and the applicants are now appealing the Board's decision to the Council.
The property is developed with a two story brick single family home that has a
30 X 20 foot attached garage located to the rear of the home. The property
owners are proposing to add a second story master bedroom and bath above the
existing three car garage and to expand the existing family room on the main
floor. The addition has been designed so that the north building wall of the
garage would be extended to accommodate a second story with existing setbacks
maintained. The existing sideyard setback of the garage varies between 4.7 and
5.1 feet from the north side yard. Under ordinance standards, setback must be
maintained at a minimum 6.3 feet to accommodate the height of the addition.
The most severely impacted property (5002 Bruce Avenue) is adjacent and north of
the subject property. This property consists of a one and half story home with
an attached garage located closest to the proposed bedroom expansion. The
proposed expansion would be visible to some degree from the second story living
area of 5002 Bruce Avenue and a portion would also be visible from the street.
The expansion was designed to compliment the existing floor plan and to match the
existing building walls. It is evident that the applicant could shift the
addition south to conform to ordinance requirements without severe changes to the
floor plan. The applicant could also pursue a more radical design utilizing the
ample rear yard for expansion. In conclusion, Planner Aaker said staff would
recommend that the Council affirm the decision of the Board of Appeals to deny
the side yard setback variance.
Mayor Richards noted that letters in support of the proposed variance were
received from Michael and Peggy Guard, 5006 Bruce Avenue; Thomas B. Weaver, 5007
Bruce Avenue; Amy Furman, 5001 Bruce; and Bernadine Bilden, 5005 Bruce. A letter
in opposition was received from Mr. and Mrs. Wallace C. Olson, 5002 Bruce.
Presentation by Proponent
Dick Nickel, 5004 Bruce, said they understand fully the applicable code and while
the proposed addition is technically in violation, they felt it does not violate
the spirit of the code for several reasons. 1) The design preserves the
integrity of the house, 2) Two letters signed by four neighbors who would view
the addition to some degree are in support of the variance, 3) Although other
alternatives have been considered, this is the most practical when considering
the location of the house, the driveway and the floor plan of the second story.
They feel this is a reasonable addition, they are adding less than 15% to the
existing square footage, adding a master bath is a desirable feature for houses
of this size in the '90s and they intend to make it look like it belongs to the
house. In conclusion, Mr. Nickel said that by asking for code compliance the
character of their house would not be preserved but would be damaged.
Public Comment
Wally Olson, 5002 Bruce, pointed out that there is no undue hardship that would
constitute this variance being granted, as stated in the Zoning Ordinance, as
there is adequate land in the rear of the property for the addition. Further,
the character of the neighborhood will suffer and they do not wish to look at a
22 foot high wall. He reminded Council that both staff and the Board of Appeals
recommended not granting the variance.
Pat Olson, 5002 Bruce Avenue, noted that the Furmans at 5001 Bruce are new to the
neighborhood and that the hearing notice was sent to the previous owners (the
Nortons) who recently moved. Mrs. Norton informed the Olsons that they would
have opposed the variance as the proposed addition would have blocked their view.
Council Comment/Action
Mayor Richards said that he was troubled by what appeared to be a miscalculation
on the initial survey, given the existing sideyard setback which varies between
4.7 feet and 5.1 feet. He felt that the intention was to setback correctly. He
said he would support granting the variance because that would avoid the
irregular roof line that would occur if the addition were shifted back.
Member Paulus asked if the City has granted similar setback variances where the
height of the building requires additional setback rather than the distance from
neighboring properties. Planner Aaker said similar setback variances have been
granted because the aesthetics of maintaining the same building wall seemed more
appropriate. Member Paulus commented that she would support the variance request
as she viewed this as a site line problem because of the building height. She
added that this will be a repetitive issue because of the lot sizes in that area,
and homes lacking the desired amenities.
Member Rice said he would reluctantly support granting the variance because he
believed the building line would be better, although it may not be the best
design solution.
Member Kelly added her support for the variance, saying it did not make sense to
put a load bearing wall 14 inches from another load bearing wall.
Member Kelly made a motion to reverse the decision of the Board of Appeals and
Adjustments and to grant the 1.6 foot sideyard setback variance for 5004 Bruce
Avenue.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*LOT DIVISION APPROVED FOR 6521 AND 6525 MCCAULEY TRAIL (LOTS 1 AND 2. BLOCK 1.
INDIAN HILLS THIRD ADDITION) Motion was made by Member Kelly and was seconded by
Member Rice for adoption of the following resolution:
RESOLUTION
WHEREAS, the following described tracts of land constitute separate parcels:
Lot 2, Block 1, INDIAN HILLS THIRD ADDITION, and
Lot 1, Block 1, INDIAN HILLS THIRD ADDITION according to the recorded plat
thereof, Hennepin County, Minnesota, Except that part thereof which lies
southeasterly of a line drawn in a northeasterly direction from a point on
the southwesterly lot line of said Lot 1, Block 1 distant 30.00 feet
northwesterly from the most southerly corner of said Lot 1, Block 1 to a
point on the southeasterly lot line of said Lot 1, Block 1 distant 95.50
feet northeasterly from said most southerly corner thereof and said line
there terminating.
AND that part of Lot 1, Block 1, THE TIMBERS, according to the recorded
plat thereof, Hennepin County, Minnesota which lies northwesterly of a line
drawn in a southwesterly direction from a point on the northeasterly lot
line of said Lot 1, Block 1 distant 30.00 feet southeasterly from the most
northerly corner of said Lot 1, Block 1 to a point on the northwesterly lot
line of said Lot 1, Block 1 distant 110.77 feet southwesterly from said
most northerly corner thereof and said line there terminating.
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels"):
Parcel One
Lot 2, Block 1, INDIAN HILLS THIRD ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, Except that part thereof which lies
southeasterly of a line drawn in a northeasterly direction from a point on
the southwesterly lot line of said Lot 2, Block 1 distant 20.00 feet
northwesterly from the most southerly corner of said Lot 2, Block 1 to the
most easterly corner of said Lot 2, Block 1 and said line there
terminating.
Parcel Two
Lot 1, Block 1, INDIAN HILLS THIRD ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, Except that part thereof which lies
southeasterly of a line drawn in a northeasterly direction from a point on
the southwesterly lot line of said Lot 1, Block 1 distant 30.00 feet
northwesterly from the most southerly corner of said Lot 1, Block 1 to a
point on the southeasterly lot line of said Lot 1, Block 1 distant 95.50
feet northeasterly from said most southerly corner thereof and said line
there terminating.
AND that part of Lot 1, Block 1, THE TIMBERS, according to the
recorded plat thereof, Hennepin County, Minnesota which lies northwesterly
of a line drawn in a southwesterly direction from a point on the
northeasterly lot line of said Lot 1, Block 1 distant 30.00 feet
southeasterly from the most northerly corner of said Lot 1, Block 1 to a
point on the northwesterly lot line of said Lot 1, Block 1 distant 110.77
feet southwesterly from said most northerly corner thereof and said line
there terminating.
AND that part of Lot 2, Block 1, said INDIAN HILLS THIRD ADDITION which
lies southeasterly of a line drawn in a northeasterly direction from a
point on the southwesterly lot line of said Lot 2, Block 1, distant 20.00
feet northwesterly from the most southerly corner of said Lot 1, Block 1 to
the most easterly corner of said Lot 2, Block 1 and said line there
terminating.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 804 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 804 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent
ordinances of the City of Edina or with the prior approval of this Council as may
be provided for by those ordinances.
Motion carried on rollcall vote - four ayes.
*LOT DIVISION APPROVED FOR 6615 BELMORE LANE (LOTS 1. 2, 3, 23, 24, 25, 26,
BLOCK 15, WEST MINNEAPOLIS HEIGHTS) Motion was made by Member Kelly and was
seconded by Member Rice for adoption of the following resolution:
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
Lot One (1), Lot Two (2), Lot Three (3), Lot Twenty-three (23), except the
Southerly eleven feet thereof, Lot Twenty-four (24), Lot Twenty-five (25),
Lot Twenty-six (26), all in Block 15, West Minneapolis Heights, together
with one half of the vacated alley adjoining said lots all located in
Hennepin County, Minnesota.
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
PARCEL 1:
Lot one (1) Block 15, and Lot Two (2), Block 15, except the Southerly
fourteen feet (14) thereof, West Minneapolis Heights, together with one
half of the vacated alley adjoining said lots all located in Hennepin
County, Minnesota.
PARCEL 2:
The Northerly thirteen (13) feet of Lot Twenty-four (24), Block 15, and Lot
Twenty-five (25), Block 15, and Lot Twenty-six (26), Block 15, West
Minneapolis Heights, together with one half of the vacated alley adjoining
said lots all located in Hennepin County, Minnesota.
PARCEL 3:
Lot Twenty-four (24), Block 15, excepting therefrom the Northerly thirteen
(13) feet thereof, and Lot Twenty-three (23), Block 15, excepting therefrom
the Southerly eleven (11) feet thereof, West Minneapolis Heights, together
with one half of the vacated alley adjoining said lots all located in
Hennepin County, Minnesota.
PARCEL 4:
Lot three (3), Block 15, and the Southerly fourteen (14) feet of Lot two
(2), Block 15, West Minneapolis Heights, together with one half of the
vacated alley adjoining said lots all located in Hennepin county,
Minnesota.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 804 and 825.
NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 804 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent
ordinances of the City of Edina or with the prior approval of this Council as may
be provided for by those ordinances.
Member Rice seconded the motion.
Motion carried on rollcall vote - four ayes.
*HEARING DATE OF 10/21/91 SET FOR PLANNING MATTER Motion was made by Member
Kelly and was seconded by Member Rice setting October 21, 1991, as hearing date
for preliminary plat approval for the Asra Ashraf Addition - North of Crosstown
Highway and east of Vernon Court.
Motion carried on rollcall vote - four ayes.
BID AWARDED FOR SIGN FOR VERNON AVE. LIQUOR STORE Member Rice said he had asked
for this item to be removed from the Consent Agenda so more information could be
given on the type of sign proposed for the Vernon Avenue Liquor Store.
Manager Rosland explained there is a perception evenings that the Vernon Avenue
Liquor Store is closed when it is open; an illuminated awning would make the
store more visible from Vernon Avenue and would comply with ordinance
requirements.
Motion was made by Member Rice and was seconded by Member Kelly for award of bid
for sign for the Vernon Avenue Liquor Store to recommended low bidder, Sign
Services Inc., at $10,880.00.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*BID AWARDED FOR RANGE BALLS - BRAEMAR GOLF COURSE Motion was made by Member
Kelly and was seconded by Member Rice for award of bid for 2000 dozen range balls
for Braemar Golf Course to recommended low bidder, Spalding, at $11,000.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR PAPER SUPPLY - ABOUT TOWN MAGAZINE Motion was made by Member
Kelly and was seconded by Member Rice for paper supply for About Town Magazine to
recommended low bidder, Inter -City Paper Company, at $5,461.13.
Motion carried on rollcall vote - four ayes.
UPDATE GIVEN ON CULTURAL EXPO SET FOR 2/9/92 Dorie Barman, Committee Chair of
the Edina Cultural Expo, explained that the 1992 expo has been scheduled for
Sunday, February 9, 1992. It will be similar to the 1991 event, will be held at
the Edina High School, have multiple cultural exhibits, a multi -cultural program
and an international food buffet. She asked the Council Members for their
continued endorsement and support of this event so that the Committee could move
forward with its planning.
Mayor Richards recalled that this has been a tremendous event. Member Paulus
suggested that the expo committee work with the Edina schools long range global
education program and that students be encouraged to participate.
Member Paulus made a motion for Council support of the 1992 Edina Cultural Expo
to be held February 9, 1992. Member Kelly seconded the motion.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
RESOLUTION ADOPTED REQUESTING EXEMPTION FROM COUNTY FUNDING POLICY REGARDING 1992
RECYCLING CONTRACT Recycling Coordinator Chandler summarized her report dated
October 7, 1991, regarding the Edina recycling contract process, Hennepin County
funding policy, recycling program results and contractor performance as follows.
In July, 1989, following an RFP process, the City entered into an 18 month
contract with Woodlake Sanitary Service, Inc. (subsidiary of BFI) for weekly,
city-wide recycling collection. The contract was extended for calendar year 1991
at no increase in cost and included the addition of plastic bottle pickup.
Woodlake now proposes to extend the contract at no increase in cost and add
magazine collection to the service.
The Hennepin County Board has appointed a task force to recommend, by April of
1992, a five year recycling funding policy, effective in 1993. It is anticipated
that this policy will require cities to obtain longer term recycling contracts
and some changes in city recycling programs may also be required.
For the interim year, a contract extension would seem appropriate and has been
encouraged by county staff. However, the County Board is requiring cities
seeking contract extensions to apply for an exemption from their current policy,
Following review of the current recycling program and contract, the Recycling
Commission and staff would recommend that the recycling contract with Woodlake
Sanitary Service be extended for one year as proposed, following the procedural
requirements of Hennepin County.
Member Rice introduced the following resolutions and moved adoption:
RESOLUTION REQUESTING AN EXEMPTION
FROM THE RECYCLING FUNDING POLICY OF THE
HENNEPIN COUNTY BOARD OF COMMISSIONERS
WHEREAS, the City of Edina wishes to continue to provide recycling service for
its residents; and
WHEREAS, the City's contract with Woodlake Sanitary Service, Inc. for recycling
service expires December 31, 1991; and
WHEREAS, the City has received a proposal from Woodlake to extend the contract at
no increase in cost and add magazine collection to the service; and
WHEREAS, Edina's recycling contract with Woodlake was obtained through an RFP
process with Woodlake submitting the lowest cost proposal; and
WHEREAS, the Edina recycling program is very successful, with no compelling
reasons to make changes from a service standpoint; and
WHEREAS, the Hennepin County Board of Commissioners proposes to change its
recycling funding policy January, 1993; and
WHEREAS, the 1993 policy may cause as yet undetermined program changes for
recycling programs in the cities of Hennepin County;
NOW THEREFORE, BE IT RESOLVED, that the City Council of Edina requests an
exemption from the Hennepin County Recycling Funding Policy to allow a one year
extension of its recycling contract with Woodlake Sanitary Service, Inc.
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it
hereby approves the 1992 Recycling Contract with Woodlake Sanitary Service, as
proposed by a letter dated September 12, 1991, and
BE IT FURTHER RESOLVED that the Mayor and Manager are hereby authorized and
directed to execute the Recycling Contract with Woodlake Sanitary Service through
calendar year 1992.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolutions adopted.
APPOINTMENT MADE TO FILL VACANCY ON PARK BOARD Member Rice made a motion for
consent of the Mayor's appointment of Andrew Herring to the Edina Park Board, to
fill an unexpired term to February 1, 1992. Motion was seconded by Member
Paulus.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
APPOINTMENT MADE TO FILL VACANCY ON RECYCLING COMMISSION Mayor Richards made a
motion for consent of the appointment of William Brauer to the Edina Recycling
Commission, filling an unexpired term to February 1, 1992. Motion was seconded
by Member Kelly.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
UPDATE GIVEN ON ANDOVER ROAD/WEST SHORE DRIVE INTERSECTION DRAINAGE PROBLEM
Engineer Hoffman informed Council that after concerns were expressed at the
hearing for Street Improvement No. BA-294 on September 23, 1991, the Engineering
Department survey crew reviewed the intersection at Andover Road/West Shore Drive
regarding the drainage problem. They reported that a minor asphalt repair is all
that is necessary to provide adequate drainage. That repair would cost
approximately $300.00 and would be funded from the general maintenance budget.
*PETITION RECEIVED; RESOLUTION ADOPTED SETTING HEARING DATE OF 11/4/91 SET ALLEY
RIGHT OF WAY VACATION Motion was made by Member Kelly and was seconded by
Member Rice for adoption of the following resolution:
RESOLUTION CALLING FOR PUBLIC HEARING ON
VACATION OF EASEMENT FOR ALLEY PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1. It is hereby found and determined, after receipt of the petition of the
owners of land affected thereby, that the following described easement for alley
purposes should be considered for vacation, in accordance with the provisions of
Minnesota Statutes, Section 412.851 and 160.29:
Alley right of way between Lot 027, Block 002, Watershed 3, (5411 Zenith
Avenue South) and Lot 004, Block 002, Watershed 3, (5408 York Avenue
South) SEELYS 1ST ADDITION TO HAWTHORNE PARK, according to the recorded
plat thereof, Hennepin County.
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun -Current, being the official newspaper of the City, the first publication at
least 14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and
conspicuous places within the City, as provided in Minnesota Statutes, Section
412.851. Such notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF RIGHT OF WAY FOR ALLEY PURPOSES
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on
November 4, 1991, at 7:00 P.M., for the purpose of holding a public hearing on
the proposed vacation of the following right of way for alley purposes:
Alley right of way between Lot 027, Block 002, Watershed 3,
(5411 Zenith Avenue South) and Lot 004, Block 002, Watershed 3,
(5408 York Avenue South) SEELYS 1ST ADDITION TO HAWTHORNE PARK,
according to the recorded plat thereof, Hennepin County.
All persons who desire to be heard with respect to the question of whether or not
the above proposed alley right of way vacation is in the public interest and
should be made shall be heard at said time and place. The Council shall consider
the extent to which such proposed alley right of way vacation affects existing
easements within the area of the proposed vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric, telephone, or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the
proposed vacation to continue maintaining the same or to enter upon such easement
area or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto, for the purpose of specifying, in any such vacation resolution,
the extent to which any or all of any such easements, and such authority to
maintain, and to enter upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Marcella M. Daehn
Motion carried on rollcall vote - four ayes.
*PETITION RECEIVED• RESOLUTION ADOPTED SETTING HEARING DATE OF 11/4/91 FOR
VACATION OF STREET RIGHT OF WAY ADDITION Motion was made by Member Kelly and was
seconded by Member Rice for adoption of the following resolution:
RESOLUTION CALLING FOR PUBLIC HEARING ON
VACATION OF EASEMENT FOR STREET PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1. It is hereby found and determined, after receipt of the petition of the
owners of land affected thereby, that the following described easement for street
purposes should be considered for vacation, in accordance with the provisions of
Minnesota Statutes, Section 412.851 and 160.29:
Harvey Lane, PARKWOOD KNOLLS 20TH ADDITION, according to the recorded
plat thereof, Hennepin County.
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun -Current, being the official newspaper of the City, the first publication at
least 14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and
conspicuous places within the City, as provided in Minnesota Statutes, Section
412.851. Such notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF RIGHT OF WAY FOR STREET PURPOSES
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on
November 4, 1991, at 7:00 P.M., for the purpose of holding a public hearing on
the proposed vacation of the following right of way for street purposes:
Harvey Lane, PARKWOOD KNOLLS 20TH ADDITION, according to the
recorded plat thereof, Hennepin County.
All persons who desire to be heard with respect to the question of whether or not
the above proposed alley right of way vacation is in the public interest and
should be made shall be heard at said time and place. The Council shall consider
the extent to which such proposed alley right of way vacation affects existing
easements within the area of the proposed vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric, telephone, or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the
proposed vacation to continue maintaining the same or to enter upon such easement
area or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto, for the purpose of specifying, in any such vacation resolution,
the extent to which any or all of any such easements, and such authority to
maintain, and to enter upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Marcella M. Daehn
Motion carried on rollcall vote - four ayes.
CLOSED COUNCIL MEETING CALLED FOR 10/21/91 AT 6:30 P.M. Attorney Erickson
informed Council that to date no formal legal action has been started concerning
the crown vetch at 4404 W. 58th Street. Other cities who have had similar
situations will meet on November 7, 1991, to discuss a common ordinance that
might be applicable. It was the consensus of the Council Members to call a
closed Council Meeting on October 21, 1991, at 6:30 P.M. to discuss potential
litigation.
*CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated October 7, 1991, and consisting of 27 pages: General Fund $304,742.84;
Communications $11,954.85; Art Center $4,514.96; Swimming Pool Fund $35,091.81;
Golf Course Fund $17,867.57; Recreation Center Fund $17,205.83; Gun Range Fund
$295.02; Edinborough Park $24,393.55; Utility Fund $294,992.38; Storm Sewer
Utility $3,517.34; Liquor Dispensary Fund $9,890.60; Construction Fund
$91,816.22; TOTAL $816,282.97.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:20 P.M.
City Clerk
bE5% REPORT/RECOMMENDATION
To: Kenneth Rosland
From: Craig Larsen
Date: October 21, 1991
Subject: S-91-7 , Preliminary
Plat Approval Asra
Ashraf Addition.
Agenda Item I I . B .
Consent
Information Cniy
Mgr . Recommends To HRA
x To Council
Action x Motion
Resolution
Ordinance
Discussion
Recommendation:
Preliminary Plat approval of modified two lot plat subject to:
1. Final Plat Approval
2. Subdivision Dedication
BACKGROUND/INFO
The Planning Commission at it's October 2, 1991, meeting, granted
Preliminary Plat Approval subject to modification of the common lot
line between the two lots. The modification provides the required
public street frontage for each lot. The revised preliminary plat
also eliminates the need for a lot width variance for Lot 2, which
now has a width of 117 feet. Lot 1 remains at 75 feet and requires
a variance from the neighborhood median width of 100 feet. No
other variances are requested.
P.C. DRAFT MINUTES MEETING OF OCTOBER 2, 1991
5-91-7 Preliminary Plat Approval
Asra Ashraf Addition
General
Location:
North of Crosstown Highway and east of
Vernon Court
Mr. Larsen informed the Commission the subject property is a
vacant parcel containing an area of 37,205 square feet. Adjacent
land uses include developed double bungalow lots to the east, city
open space to the northwest and developed single family lots to the
northeast. Immediately west of the property is a tract which was
recently approved for development with "small lot" single family
homes.
Mr. Larsen explained that the proposed preliminary plat
suggests a two lot single family development.
Mr. Larsen reported that until recently staff has viewed this
property as suitable for development for a double bungalow, similar
to the R-2 development east of the subject property. However, the
recent approval of the small lot, single family development
approved for the rest of Vernon Court changes that thinking. The
lots approved for the Hanson property are approximately 50 feet
wide. This development approach would be compatible with that
approved for the Hanson property. Although Viking Hills is the
neighborhood for comparison purposes it does not physically relate
to the property in any way.
Mr. Larsen concluded staff recommends approval of the
Preliminary Plat with the following conditions:
1. Modification of the common lot line to provide frontage
for each lot on Vernon Court.
2. Final Plat approval.
3. Subdivision dedication.
The proponent, Mr. Mahmood Khan was present. Interested
neighbors were present.
Mr. Khan explained to the Commission he owns the property in
question and wishes to construct a single family home to reside in
with his sister and her family. Mr. Khan said the other lot would
be put on the market for public sale. Mr. Khan added he believes
the market for doubles is not as strong as the market for single
family homes. Mr. Khan concluded that he accepts the request by
staff to modify the common lot line.
Commissioner McClelland questioned Mr. Larsen on the zoning
classifications in the immediate area. Mr. Larsen said the zoning
for the immediate area consists of double dwelling unit districts,
single family unit districts and immediately west a PRD zoning
district consisting of 12 small zero lot line single family sites.
Commissioner McClelland asked Mr. Larsen to explain the concept of
the small lot family sites. Mr. Larsen said he views the small lot
zoning as detached townhouses with a zero lot line on one side.
Mr. Larsen pointed out this zoning is very similar to Harvey
Hansons recent proposal on Malibu. Commissioner Faust asked when
the Robert Hansen/Vernon Court proposal was approved by the City
Council. Mr. Larsen said that site received approval over one year
ago. He added if the Commission were to recall there were a number
of proposals for the Hansen property, the latest being the small
lot scenario. Mr. Larsen noted development has not proceeded due
to legal problems with back taxes on the site, but at present, it
appears development will begin.
Commissioner McClelland said she feels uncomfortable with
single family homes being developed right on top of the freeway,
and in her opinion, it would make much more sense constructing one
double bungalow due to the lot width. 75 foot lot widths for
single family homes is not consistent with the neighborhood. Mr.
Larsen said the variances that are required for lot width result
from the development in the Viking Hills neighborhood, and in
reality Viking Hills does not relate to this site. Commissioner
McClelland said the rules are still being changed if we allow a
variance. Mr. Larsen pointed out the added depth of the lots would
provide an important buffer from the freeway. Continuing, Mr.
Larsen said normally maintaining lot width is important, but in
this instance, because of the freeway the lot depth is a benefit.
Commissioner McClelland said she still believes a double
bungalow best suits this site. Mr. Larsen said he would generally
agree with that statement, but since the site immediately west will
be developed with 12 detached units it makes sense to have two
single family homes on this site, versus one double bungalow.
Commissioner McClelland said one double could be turned so that
once side, possibly the garage would face the freeway.
Commissioner Shaw asked Mr. Larsen if there is a time frame
for development on the Hansen site. Mr. Larsen said they have
received final approval for the small lot development, which can be
open ended, there is not expiration date. The only resource we
have is that if three years passes we can try to have it reheard.
The Hanson site has a zoning of record and a building permit can be
issued at any time.
Commissioner Johnson said he has a concern regarding a row of
50 foot zero lot line structures and at the end there are two
single family structures. He questioned if this site could be
folded into the Hanson site. He pointed out if the Hanson site
does not proceed we have two single family houses in the middle.
Mr. Larsen said he understands this concern. He noted the soft
market has resulted in property owners requesting zoning changes.
Single family homes, or as close to single family homes, appear to
sell better than attached homes, either doubles, or townhouses.
Mr. Larsen noted that the developer of the Hanson site has
expressed interest in the site in question.
Mr. Khan pointed out he purchased this lot a few years ago.
He asked the Commission to note the depth of the lot and informed
them he plans to construct the house as far away from the freeway
as possible. He said he plans to use triple pane windows, thicker
walls, which will cut down on the noise. Mr. Khan asked why they
believe a double home would be better than singles since the market
is so soft.
Commissioner Johnson said with creative development a double
dwelling can have the same feel as a single. Mr. Khan said
everything in a double would be common. Mr. Khan said he wants the
feeling of a single family home with his own side, rear, and front
yard. Commissioner McClelland asked Mr. Khan if he would be
willing to speak with the developer of the Hanson property and
possibly come to some type of agreement. Mr. Khan said some time
ago he did contact the developer of the Hanson property but they
did not reach an agreement. Commissioner McClelland said she feels
uncomfortable rezoning this site when the property immediately west
is still "up in the air".
Commissioner Runyan pointed out there are a number of single
family properties along the freeway, and if you look at Gleason
Court the properties on the south side of Gleason Court are closer
to the freeway than the proposal. Commissioner Palmer noted it may
be a hardship to require a property owner to wait to develop their
property until their neighbor develops. This is an undue burden on
free enterprise. Commissioner Johnson asked the exact zoning on
the site immediately west. Mr. Larsen responded that site is zoned
PRD-2. Commissioner Johnson pointed out that zoning is strictly
residential. Mr. Larsen said that is correct, this area will stay
residential.
Mr. Khan asked that the Commission not tie his property to the
Hanson site. He pointed out that site over the past five years has
been rezoned a number of times and no development has proceeded
Kristen Nielsen, Artic Way, told the Commission their
neighborhood is great and they want to keep it that way. She said
the property is question is a concern, traffic is a concern, and in
their area there are a number of young children. She explained
that she worries about children crossing the street, any proposal
increases traffic. She concluded that her real concern is the
quality of house that would be placed on this site. She stated
their neighborhood has worked very hard to keep it attractive.
Duane Johnson, 6104 Artic Way, noted the rear of his home
faces the hill. He added his concern is that the decision made
stays consistent with what will be developed in the future. He
said making a decision on a few lots when so much land is left does
not ensure consistent development. He stated he worries that less
expensive homes may be constructed on this lot, and doesn't want a
house of less value constructed. Mr. Larsen said we do not have
requirements on the size of house or on it's value. House size is
individual and setbacks ensure that properties are not
overdeveloped. Mr. Larsen pointed out the market usually dictates
the price of homes. Mr. concluded from experience we expect a high
value property. He noted that single family homes are usually more
attractive, and the result is more expensive homes.
Eileen Nolan, Artic Way, said she wants the proposed house
consistent with what is already constructed in the neighborhood.
She asked If as a neighborhood they could request review of the
proposed house plans. She pointed out there is considerable noise
along the freeway and worries that this development could create
traffic. Mr. Khan in response said Artic Way has no access to
Vernon Court and it is very hard to see down the hill to this site.
He pointed out traffic generated from this proposal should not be
a concern. He added a double bungalow or two single family homes
would generate the same amount of traffic. Ms. Nolan said her
concern is with the final product. Ms. Nolan asked to see the
plans. Mr. Khan said he would be more than happy to show the
residents of Artic Way construction plans after he receives
approval. He pointed out it is very expensive to have an architect
draw up plans, and if this proposal is not approved, that money
would be wasted. Commissioner Palmer said as a body we do not have
the right to review individual house plans. Commissioner Palmer
said we do have a right in the subdivision process to see a
building pad.
An unidentified neighbor asked Mr. Khan the market value of
his proposed house. Mr. Khan said he plans to construct a very
nice house, upwards of $250,000. Commissioner McClelland said she
cannot support this proposal until the Hanson property is settled.
She said, in her opinion, what happens on the Hanson property
affects the variances required on this property. She suggested
that this issue be tabled. Commissioner McClelland said she would
also like to see a plan that depicts the change on the lot lines as
requested by staff. Mr. Khan said he would like to see this
proposal more forward due to the time of year.
Commissioner Johnson asked if they rezoned properties from R-2
to R-1 for Jeff Gustafson across the street. Mr. Larsen said that
is correct, three lots were rezoned from R-2 to R-l. Commissioner
Johnson asked if those lots were larger than 75 feet in width. Mr.
Larsen said that is correct. Commissioner Palmer pointed out the
proposed lots for this rezoning are larger that the approved 55
foot lots directly west.
Commissioner Shaw moved to recommend preliminary plat approval
subject to staff conditions and with the modification of the common
lot line as recommended by staff. Commissioner Hale seconded the
motion. Ayes; Johnson, Faust, Hale, Shaw, Runyan, Ingwalson,
Palmer. Nay, McClelland.
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S-91-7
North of Crosstown Highway and east. of
Vernon Court
Create one' new lot.
EDINA PLANNING DEPARTMENT
COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
STAFF REPORT
OCTOBER 2, 1991
S-91-7 Preliminary Plat Approval
Asra Ashraf Addition
General
Location:
North of Crosstown Highway and east of
Vernon Court
The subject property is a vacant parcel containing an area of
37,205 square feet. Adjacent land uses include developed double
bungalow lots to the east, city open space to the northwest and
developed single family lots to the northeast. Immediately west of
the property is a tract which was recently approved for development
with "small lot" single family homes.
The 500 foot neighborhood comprises 15 single family lots.
All of the lots are in the Viking Hills neighborhood which is
northeasterly of this property. Median dimensions and areas are as
follows:
Median Lot Width
Median Lot Depth
Median Lot Area
100 feet
135 feet
13,500 square feet
The proposed preliminary plat suggests a two lot single family
development. Lot dimensions and areas are as follows:
Lot Lot Lot
Width Depth Area
Lot 1 *75 feet 205 feet 16,730 s.f.
Lot 2 *75 feet 250 feet 18,115 s.f.
*Variance is required for lot width on both lots.
The Zoning Ordinance requires that lots provide a minimum
frontage of 30 feet on an improved public street. Lot 2, as
proposed, has no frontage on Vernon Court. This condition can be
addressed in three ways. First, the street could be extended
easterly to serve Lot 2. Second, the common lot line could be
redrawn to gain the necessary frontage. Finally, a variance from
the frontage requirement could be granted. None of the solutions
would change the ultimate placement of home.
Recommendation:
Until recently staff has viewed this property as suitable for
development for a double bungalow, similar to the R-2 development
east of the subject property. However, the recent approval of the
small lot, single family development approved for the rest of
Vernon Court changes that thinking. The lots approved for the
Hanson property are approximately 50 feet wide. This development
approach would be compatible with that approved for the Hanson
property. Although Viking Hills is the neighborhood for comparison
purposes it does not physically relate to the property in any way.
Staff recommends approval of the Preliminary Plat with the
following conditions:
1. Modification of the common lot line to provide frontage
for each lot on Vernon Court.
2. Final Plat approval.
3. Subdivision dedication.
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REQUEST FOR PURCHASE
TO: MAYOR RICHARDS AND MEMBERS OF THE CITY COUNCIL
FROM: RALPH B. CAMPBELL, III, DIRECTOR OF COMMUNICATIONS
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE 4 OCTOBER 1991
AGENDA ITEM Iv .A
ITEM DESCRIPTION: AGENCY SERVICES - ABOUT TOWN MAGAZINE
Company Amount of Quote or Bid
1.
2.
3.
4.
5.
LONSBURY-MILLS, LTD.
RECOMMENDED QUOTE OR BID:
LONSBURY-MILLS, LTD.
GENERAL INFORMATION:
1.
2.
3.
4.
5.
$6,820.17
$6,820.17
Printing for Autumn 1991 issue of "About Town" magazine.
The Recommended bid is
ADMINISTRATION
Departmen
within budget not withip b
Kenneth Rosland, City Manager i
e Director
MEMBERS PRESENT:
MINUTES
TRAFFIC SAFETY COMMITTEE
OCTOBER 15,1991
9:00 A.M.
Fran Hoffman, Chairman
Alison Fuhr
Robert Sherman
Gordon Hughes
Craig Swanson
MEMBERS ABSENT: None
OTHERS PRESENT:
SECTION A:
V (A)
Mr. Dennis Eyler, Strgar-Roscoe-Fausch
Ms. Marie Nelson, 6200 Xerxes Ave. S
Deputy Chief Leonard Kleven, Edina P.D.
Requests on which the Committee recommends approval as requested or modified,
and the Council's authorization of recommended action.
(1) Request to install "NO PARKING" signs on the east side of
Barrie Road, past the first curve north of Heritage Drive.
Unscheduled agenda item brought up by Fran Hoffman, City
Engineer.
ACTION TAKEN:
Mr. Hoffman requested that the Committee recommend installation
of "NO PARKING" signs at 50-foot distance north and south along
the east side of Barrie Road past the first curve north of
Heritage Drive, similar to other signage in effect along Barrie
Road.
Mrs. Fuhr moved that the Committee recommend the installation
of "NO PARKING" signs at 50-foot distance north and south along
the east side of Barrie Road, past the first curve north of
Heritage Drive. Mr. Swanson seconded the motion. Motion
passed.
TRAFFIC SAFETY COMMITTEE MINUTES
October 15, 1991
Page 2
SECTION B:
Requests on which the Committee recommends denial of request.
(1) Request to review parking restrictions on Heritage Drive, west of
Xerxes Avenue South.
Continued from September meeting.
ACTION TAKEN:
Appearing on behalf of the Edina Care Center, 6200 Xerxes
Avenue South, was Ms. Marie Nelson, administrator of the
complex. Mr. Kleven began the discussion by summarizing the
results of a public safety review of the area. He reported
that the owners/managers of the other complexes along Heritage
Drive and south from Heritage Drive on York Avenue South had
been contacted by the Police Department and alerted to the
discussion regarding signage. Their response was as follows:
6300 York Avenue South - no preference regarding on -street parking
3105/3111/3117 Heritage Drive - no change in existing signing
3201 Heritage Drive - requested no change in existing signing
6304 York Avenue South - requested no change in existing signing
6301/6305 York Avenue South - requested no change in existing signing
Mr. Kleven presented the results of a study regarding public
safety response in the subzone bordered by Xerxes Avenue and
Colony Way and the Crosstown Highway and West 66th Street. He
reported that between 01/01/91 and 06/30/91 there had been 109
medical calls, 16 criminal calls, and 9 alarm calls. As police
policy on emergency medical calls is to respond with two marked
police units and one ambulance, those 109 medical calls
constituted 327 ""red light" runs during the first six months
of 1991. The calls were further broken down by shift: 7-3 (45
calls), 3-11 (38 calls) and 11-7 (26 calls). From a safety
standpoint concerning their ambulance and largest emergency
ladder truck, Edina Assistant Fire Chief Jim Robinson had
requested no change in existing signing. Mr. Kleven also
reported that the MTC has an express route servicing Heritage
Drive; it runs Monday through Friday at 7:06 and 7:36 a.m., and
5:07 and 5:44 p.m. Finally, he noted that on -street parking on
York Avenue south from Heritage Drive has been monitored
previously, and that it peaks around shift change, particularly
between 2:30-3:20 p.m.
Mr. Hoffman asked Ms. Nelson if changing current signage to
allow on -street parking on the south side of York Avenue until
7:30 a.m. would ease the current parking problems at shift
change. Ms. Nelson stated that the problems went beyond just
shift change; with limited spaces for employee parking in their
TRAFFIC SAFETY COMMITTEE MINUTES
October 15, 1991
Page 3
lot, it is an all -day problem. Mrs. Fuhr noted that there has
never been enough slots allotted for patients and staff of the
Care Center. Mr. Hughes reported that the City granted the
Care Center a variance in 1971 with certain parking conditions:
1 space per 4 patients, one space per each employee, and 1
space per each company vehicle. He said that the variance
relieve the Care Center of having to provide adequate parking.
Mrs. Fuhr said that building a parking ramp on the Care Center
property may ultimately have to be considered, as the area now
is saturated. Mr. Hughes said that the problem in the area has
worsened because of ever-increasing density, and that property
owners should be encouraged to find other long-term solutions.
Mr. Hughes moved that the request to change current parking
restrictions on Heritage Drive, west of Xerxes Avenue South, be
denied. Mr. Sherman seconded. Motion carried.
SECTION C
Requests which are deferred to a later date or referred to others.
(1) Discuss traffic safety concerns on Tracy Avenue between Valley View
Road and West 70th Street.
ACTION TAKEN:
Mr. Dennis Eyler, a consultant from Strgar-Roscoe-Fausch,
appeared before the Committee. Mr. Eyler was hired, following
Council authorization in July, to provide an assessment of
traffic concerns on Tracy Avenue and the surrounding
neighborhoods. Mr. Eyler reported that significant progress
had been made in their efforts to analyze the effects of
through traffic in the neighborhood bordering Tracy Avenue
south of the Crosstown and north of West 70th Street. He
stated that their goal is to make suggestions on how to reduce
the amount of through traffic. To do that, he said that
Engineering Department traffic counts had been applied to a
computer traffic model. After getting the model to match the
current traffic problems, Strgar-Roscoe-Fausch is now in the
process of testing alternatives. Mr. Eyler reported that
traffic counts show 5,770 vehicles traveling in the
neighborhood each day. With 320 homes in the neighborhood, and
each household averaging 10 trips daily, that means 3,200 trips
have legitimate business in the neighborhood. The remaining
2,570 external trips match a license plate check showing that
about 50% of the traffic on Tracy Avenue was through traffic.
Mr. Eyler stated his belief that Tracy Avenue was at one time
constructed to be a collector street, and he believes that is
one of the reasons people perceive it to be a good route.
TRAFFIC SAFETY COMMITTEE MINUTES
October 15, 1991
Page 4
Mr. Eyler identified six primary movements through the area:
(1) the movement between the Tracy Avenue/Crosstown Highway
interchange to West 70th Street/Cahill Road, averaging 2,500
vehicles per day; (2) the movement between the Tracy
Avenue/Crosstown Highway interchange to West 68th Street,
averaging 1,600 each day; (3) the movement between the high
school area to West 70th Street/Antrim Road averages 1,300 each
day. Mr. Hoffman asked what alternatives will be tested. Mr.
Eyler said they are open to suggestions, and noted the
following possibilities: (1) test the intersection of Valley
View Road and West 68th Street by "t-ing" 68th west into Valley
View and making the north/south movement a more through
movement; (2) look at cutting some links, possibly Tracy Avenue
just north of West 70th Street; (3) making some adjustments at
the intersection of West 66th Street and Tracy Avenue. Mr.
Swanson suggested testing signalization of Antrim Road at
Valley View Road, in conjunction with re -locating the driveway
into the high school. He stated that would help attract
traffic off of Tracy Avenue. Mrs. Fuhr raised the possibility
of testing for a four-way "STOP" sign at West 68th Street and
Valley View Road. Mr. Eyler said they planned on checking
that, although past experience has shown that installing such
"STOP" signs causes speeds in the middle of the block to rise
above normal prevailing speeds. Mr. Hoffman stated he'd asked
Mr. Eyler to test the two -block pattern of stop signs used in
Minneapolis. Mr. Hughes asked if diverting all 2,570 external
trips from Tracy Avenue to Antrim Road would be considered a
solution. Mr. Hoffman said one of the goals of the study is to
determine if that is indeed where the traffic should go. Mr.
Swanson said one of the original reasons for hiring the
consultant was the fact that the Tracy Avenue problem was one
that would eventually be felt elsewhere in the City, and that a
study of the Tracy Avenue situation could provide some
generalities that will apply in the future as well. Discussion
followed about various electronic options for influencing
traffic flow. Mr. Hoffman asked about any geometric design
layouts that would make travel comfortable for residents, but
difficult enough to keep outside traffic away. Mr. Eyler
suggested traffic circle islands as a possibility. Mr. Hoffman
asked if the testing will include restricting turns at peak
hours, and Mr. Eyler answered yes.
REPORT/RECOMMENDATION
To: Mayor & Council Members
From:
Date:
Susan Wohlrabe
October 18, 1991
Subject:
REGIONAL CITIZEN ADVISORY BOARD
APPOINTMENTS
Agenda Item # V.B.
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation: THREE APPOINTMENTS: TWO FROM THE HUMAN RELATIONS
COMMISSION AND ONE CITY COUNCIL MEMBER
Upon your request, the Human Relations Commission at its October 15th meeting
nominated two people for you to appoint to the Regional Citizen Advisory Board
of the South Hennepin Regional Planning Office. They are:
1) Nancy Atchison
2) Betsy Flaten
Info/Background:
The Regional Citizen Advisory Board will be a body of four representatives
from each of the four cities: two from the local Commission, a City Council
Member and the human service liaison as designated by each City Manager. Each
representative serves a two-year term and no more than three terms. The Board
will meet a minimum of four times a year on a quarterly basis. The Board's
functions are:
1) To serve as the main communication link between local advisory groups and
the Regional Planning Office
2) To advise on regional planning issues
3) To advise on the development and implementation of a citizen participation
process
4) To review and make recommendations on the annual work plan and budget of
the South Hennepin Regional Planning Office
5) To monitor and advise on the regional work plan
6) To serve on sub -committees as needed
11111M, SHHSC
W/Pif SOUTH HENNEPIN HUMAN SERVICES COUNCIL
Bloomington • Eden Prairie • Edina • Richfieid
Strategic Work Plan
1990 - 1991
South Hennepin Human Services Council
Mission of SHHSC
South Hennepin Human Services Council is a regional agency which plans and coordinate::
human services in the cities of Bloomington, Eden Prairie, Edina and Richfield. The emission
of Sh'HSC is to promote collaborative community efforts in developing and coordinating
human services in South Hennepin. All public and private segments of the community are
brought together to work for the is goal, including government, social service agencies,
regious institutions, schools, civic clubs and businesses. Planning and policy development
of human services involve extensive citizen input from all segments of the communities.
9801 Penn Avenue South • Room 106 • Bloomington, Minnesota 55,131 0 (+6121 -33$3..6632
GOAL 1
To act as a catalyst for the identification, prevention and solution of human service needs
and issues through citizen input and collaboration among all sectors of the communities.
mieweimmilis OBJECTIVE 1
To identify social trends and human service needs.
Action Strategies for 1990 - 1991
StrategiesL.: 1. Sponsor Regional Forum on human service needs
1:990 - 1991
2. Meet with human service agencies and citizen community organizations
3. Conduct focus groups to prioritize needs for Hennepin County Community
Services Department according to target group populations.
Regional Forum Results
Need priorities identified from Regional Forum held August 9
1. Coordination and improved effectiveness of services
2. Affordable child care
3. Accessible and affordable health care
4. Affordable and accessible transportation
5. Affordable/low-income housing
OBJECTIVE 2
To work closely with four cities, businesses, human service providers, community
organizations, and residents in developing solutions to ongoing and new human service
priority needs.
Issue:
Long Term
Goal:
Strategies:
1990 - 1991
Issue:
Long Term
Goal:
Strategies:
1990 - 1991
Action Strategies for 1990 - 1991
Improved effectiveness and coordination of human services to reduce duplication
of services, improve accessibility and increase potential of funding.
To facilitate the development of interagency collaborative initiatives to resolve these
issues.
1. Conduct four focus groups, one in each city, to assess the need for improved
coordination of services in more depth and identify existing efforts dealing with this
issue.
2. Coordinate a task force among human service providers, consumers, public
officials and funders for the purpose of initiating strategies of interagency
collaboration and coordination.
3. Conduct survey of existing coordination network among human service
agencies and community organizations.
Accessibility to affordable child care
To facilitate the development of a multisector strategy to improve the provision of
affordable and accessible child care in South Hennepin.
1. To conduct four focus groups, one in each city, around the issue of affordable
child care. The goals of the focus groups will be to determine the most urgent child
care needs in each city, to identify existing efforts dealing with child care issues
and to initiate the creation of a multisector task force.
2. To facilitate the development of a multi -sector task force involving public officials,
human service providers, citizens, religious institutions, schools and businesses
with the purpose of developing a multi -sector strategy for the provision of affordable
and accessible child care.
3. To conduct a survey to assess the degree of need for affordable child care.
2
Issue: Improved transit transportation
Long Term
Goal:
Strategies:
1990 - 1991
Issue:
Long Term
Goal:
Strategies:
1990 - 1991
Issue:
Long Term
Goal:
Strategies:
To facilitate improved communication between the MTC and the four cities in the
planning of bus routes in existing and new residential developments.
1. Hold meeting with planning departments of each city to discuss existing
relationship and problems between the MTC and the four cities.
2. Coordinate meetings between MTC and planning departments to discuss
transportation and development plans to better coordinate transportation services.
Working Poor Initiative Project (special grant from Community Action for South
Hennepin (CASH)
To better understand the needs, issues and demographics of low-income
populations in suburban Hennepin.
1. Conduct needs assessment of low-income populations in South Hennepin
2. Develop focus groups around the issues relating to the working poor. This
effort will relate to the focus group activities sponsored by the Forgotten Half
Working Group at the state level.
3. Develop an ongoing advisory committee of working poor to promote and
advise local efforts address working poor issues.
Emergency services programs in South Hennepin
To devise a long-term plan to increase the effectiveness and efficiency of the
emergency services programs in South Hennepin.
1. Develop a proposal and seek funding for a FT intake worker for the South
Hennepin Emergency Services Program (SHESP) contracted with Hennepin
County.
2. Work collaboratively with emergency service providers and other agencies
to develop a plan to decentralize the delivery system of SHESP.
3
Issue: Financial survival skills for those with low or fixed income.
Long Term
Goal:
Strategies:
1990 - 1991
To empower persons in financial difficulty to move permanently out of crisis
situations.
1. Facilitate the coordination of a pilot educational support group program for
persons in financial crisis.
2. Facilitate the development of an Emergency Advisory Committee to deal one
on one with victims of foreclosure.
OBJECTIVE 3
To increase community awareness of local and national human service needs.
Issue:
Strategies
1990 - 1991
Issue:
Strategies:
1990 - 1991
Issue:
Action Strategies for 1990 - 1991
Affordable and accessible health care
1. Collaborate with health agencies in South Hennepin in increasing community
awareness about health care needs in the region through forums, workshops and
media coverage.
Affordable housing
1. Coordinate with the suburban housing coalition and local institutions in
increasing community awareness about homelessness and near homelessness in
South Hennepin.
2. Conduct research on strategies and models which attempt to integrate housing
and human services.
Mental Health
Strategies 1. Seive as a resource for the South Hennepin Mental health A:1visoiy
1990 - 1991 Committee.
4
OBJECTIVE 4
To improve the system of local information and referral services.
Action Strategies for 1990 - 1991
Long Term
Goal: To facilitate in conjunction with Senior Resources the development of a local
information and referral service for Senior citizens.
Strategies: 1. Hold meetings with four cities to gain input on project.
1990 - 1991 2. Co -facilitate meetings among community agencies.
3. Assist in seeking funding for project.
GOAL 2
To increase the efficiency and effectiveness of SHHSC as a four city agency planning
human services.
OBJECTIVE 1
To work closely with the four city governments and local businesses in discussing and
planning human services.
Action Strategies for 1990 - 1991
Long Term
Goal: To develop a plan for a more formalized intergovernmental communication process
and to promote cooperation with the Chambers of Commerce to improve the
communication and working relationship between human services and the business
community.
Strategies: 1. Schedule presentation to the four City Councils, city managers,
1990 - 1991 commissions and advisory boards with the purpose of discussing human service
issues and planning priorities of SHHSC.
2. Schedule presentation to the four Chambers of Commerce with the purpose of
discussing human service issues and planning priorities of SHHSC and to
strategize ways the business community can become more involved in human
service issues.
3. involve the participation or public ofticial and business community in focus
groups and task forces around the issues of child care and the coordination of
human services.
5
GOAL 3
To advocate for those in need of human services and seek funding for human services.
OBJECTIVE 1sem
To provide technical assistance to agencies, cities and other organizations.
OBJECTIVE 2
To study demographic and socio-economic trends in South Hennepin
OBJECTIVE 3
To study and monitor changes in human service target population groups
Action Strategies for 1990 - 1991
Long Term
Goal: To develop a data resource bank at SHHSC though which cities, agencies and
other organizations can access information relating to human services.
Strategies: 1. Prepare report on demographic and socio-economic trends in South Hennepin.
1990 - 1991
2. Conduct survey among human service agencies to obtain comprehensive data
profile of target group populations.
3. Develop computerized data bases of information on target group populations.
4. Develop data base of funding resources for human service programs.
OBJECTIVE 4
To increase public relations efforts around issues relating to human services.
Action Strategies for 1990 - 1991
Strategies: 1. Prepare two issues of Synergy South newsletter
1990 - 1991
2. Facili ate media coverage of issues relating to child care, health ca e, huusing
and transportation.
6
REPORT/RECOMMENDATION
To: KEN ROSLAND, MANAGER
From: MARCELLA DAEHN, CLERK
Date: OCTOBER 17, 1991
Subject: PUBLIC HEARING - BEER
AND WINE LICENSE FEES
Agenda Item # v • c
Consent
Information Only
Mgr . Recommends
To HRA
To Council
Action 1 Motion
Resolution
T Ordinance
Discussion
Recommendation:
Approval of proposed increase in beer and wine license fees for 1992.
Info/Background:
At its meeting of September 9, 1991, the Council set a hearing date to
consider an increase in beer and wine license fees for 1992. Attached is
a copy of the notice which was mailed to all licensees on September 19, 1991,
in compliance with Minnesota Statute 340A.408, Subd. 3A. The increase is
proposed to recover increased cost for staff time in issuance of the licenses
and inspections.
To date, no comment or correspondence has been received from holders of beer
and wine licenses.
City of Edina
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING
TO CONSIDER INCREASING THE FEES
FOR ON -SALE WINE LICENSES AND BEER LICENSE
The Edina City Council will hold a public hearing on Monday October 21, 1991 at 7:00
P.M. to consider increasing the fees for on -sale wine licenses and also on -sale and
off -sale 3.2 beer licenses, effective January 1, 1992, as follows:
1991 Fee Proposed 1992 Fee
On -Sale Wine:
Restaurants with 50 or fewer seats $610 $630
51 - 100 seats, inclusive 660 680
101 - 150 seats, inclusive 710 735
Over 150 seats 760 785
On -Sale 3.2 Beer:
Off -Sale 3.2 Beer:
$180 (Renewal) $190 (Renewal)
235 (New) 245 (New)
$180 (Renewal) $190 (Renewal)
235 (New) 245 (New)
All persons who desire to be heard on this issue can either:
1) Submit a letter to the Edina City Council, 4801 West 50th Street, Edina,
MN 55424, prior to the date of the hearing.
2) Attend the hearing and give testimony.
This notice is given in compliance with Minnesota Statute 340A.408, Subd. 3A.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn
City Clerk
September 19, 1991
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424-1394
(612) 927-8861
FAX (612) 927-7645
TDD (612) 927-5461
‘4051179t
1 OI
REPORT/RECOMMENDATION
To: Mayor Richards and
Council Members
From: Bob Kojetin, Director
Date: October 17, 1991
Subject:
Vacancy on
Community Service Board,
Park Board Representative
Agenda Item # °*D•
Consent
Information Only
Mgr . Recommends
Action
To HRA
To Council
Motion
Resolution
Ordinance
Discussion
Recommendation:
Recommend a Park Board member for the Community Service Board to
fill the current vacancy.
Info/Background:
The resignation of Chip Sour from the Park Board also created a
vacancy on the Community Service Board. He was the liason from the
Park Board.
At the November 12th Park Board meeting, if so desired, I can have
the Park Board make a recommendation for one of its members to be
considered for the recommendation from City Council for the
Community Service Board.
AGENDA ITEM VIII.B
REGIONAL TRANSIT BOARD
Mears Park Centre
230 East 5th Street
St. Paul, Minnesota 55101
612/292-8789
October 10, 1991
Kenneth Rosland, City Manager
City of Edina
4801 West 50th Street
Edina, MN 55424
Dear Mr. Rosland,
In our continuing effort to reach out to the community, we are once again scheduling a
series of regional meetings to discuss transit issues.
You are invited to join other local governmental officials from communities in the
southern portions of Hennepin County and Carver County (within the taxing district) at a
continental breakfast on:
Wednesday, October 30, 1991
from 7:30 a.m. to 9:00 a.m. at the
Hoiiday Inn West -St. Louis Park
9970 Wayzata Boulevard
(Shelard Parkway Exit off 1-394)
St. Louis Park, Minnesota
This annual meeting is a key element in the Reg; ona1 Transit Board's efforts to enhance
communication with government officials. Vie want to significantly increase the
participation of community leaders in assessing and planning for transit services to best
meet local needs. While 1 will use some of our time together to update you on some
current RTB activities, particularly our new suburban transit hub and circulator system
program, this meeting will also provide you with an opportunity to shore your ideas
regarding transit in the seven -county metropolitan area. Your questions on transit topics
will oi,o be V✓eicor:Io.
Two-way cormunication is necessary in the public decision -making process and I
hope you will make time in your busy schedule to attend this meeting. As I know your
time is limited, we will conclude the meeting no Ia-er than 9:00 a.m. I look forward to
meeting with you on Wednesday, October 30.
If you are able to attend, please call our receptionist at 292.-8789 by Monday, October 28,
so we can make final arrangements.
Warm regards;?
Michael J. Ehrlichmann
Chair
An Equal Opportunity Employer
AGENDA ITEM VIII.A.
October 4, 1991
as ociation of
metropolitan
municipalities
AMM MEMBER LOCAL OFFICIALS:
Attached are the recommendations for 1992 Legislative Policy from the
five standing committees of the AMM and the Board of Directors.
Please review the policies with your council for action at the
membership meeting scheduled for the evening of November 7, 1991. A
notice containing specific meeting details will follow.
Note the Section of Endorsed Policies added last year. These are LMC
or other organization policies in which the AMM concurs but will not
actively lobby. This is in keeping with the goal to focus AMM effort
on major concerns to metropolitan area officials and cities that are
not being addressed by other groups.
The Board of Directors would like to point out that some significant
changes or additions were made to several major policies and asks
that you review these policies with extra care. Major changed or
added policies include; I-C Local Government Aid, I-F Sales Tp.x
Dedication Guarantee, III-B-3 Tax Increment Financing, III-C Land Use
Planning, IV -I Water Supply in the Metropolitan Area, V-D
Transportation Funding Alternatives, and V-O Airport Policy.
Again, this year, the Board is requesting the membership to help
establish policy priority. Please indicate below your five highest
priority policies and if this is an individual or a city council
determination. These will be collected at the November 7 meeting.
Respe tfully,
Bob Long, esident
Association of Metropolitan Municipalities
TOP POLICY PRIORITIES
ELECTED OFFICIAL APPOINTED OFFICIAL CITY COUNCIL
1. 4.
2. 5.
3.
(CITY NAME - OPTIONAL)
183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
PROPOSED AMM
POLICIES
AND
LEGISLATIVE PROPOSALS
1992
Recommend by the AMM Board of Directors on October 3, 1991
for Membership consideration.
This document has been printed on recycled paper.
INDEX
PART ONE
MUNICIPAL REVENUES AND TAXATION
PAGE NUMBER
I. MUNICIPAL REVENUES 1 - 7
A. LEVY LIMITS 1
B. MANDATED STATE AND FEDERAL PROGRAMS 1
C. LOCAL GOVERNMENT AID 2
D. PROPERTY TAX 3
1. Homestead Class Rates 3
2. Non -Governmental Tax Exempt Property 3
3. State and Metropolitan Owned Tax Exempt 4
Property
4. Property Tax Reform 4
E. GENERAL FISCAL IMPACT POLICIES 5
1. Fiscal Note Continuation 5
2. Funding Shifts 6
3. State Revenue Stability 6
F. SALES TAX DEDUCTION GUARANTEE 7
PART TWO
GENERAL LEGISLATION
II. GENERAL LEGISLATION 8 - 17
A. LABOR RELATIONS ISSUES (PELRA) 8
1. Disciplinary Action 8
2. Impasse Resolution/Binding Arbitration 8
3. Picket Lines 9
4. Unfair Labor Practice Charges
5. Part Time Employees
B. TORT LIABILITY
9
9
9
C. DATA PRACTICES. 10
1. Open Meeting
2. Liquor License Application
3. General Public Data
10
11
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. OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL 13
F. CONTRACTORS PERFORMANCE BONDS 14
G. POLICE OFFICER STANDARDS AND TRAINING (POST) 14
RECRUITMENT
H. STATE AGENCY RULE MAKING 15
I. SHADE TREE DISEASE CONTROL PROGRAM 15
J. CONCURRENT DETACHMENT AND ANNEXATION 16
PART THREE
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
III. HOUSING AND NEIGHBORHOODS 18 - 33
A. HOUSING AND NEIGHBORHOODS 18
1. Examine Local Requirements 18
2. Practices Which Increase Housing Costs 18
3. Mandatory Land Use Standards 19
4. State and Regional Housing Policies 19
5. Federal Housing Policy 20
6. Local Housing Policy 21
7. Metropolitan Area Housing Needs 21
8. Neighborhood Liveability 22
9. State Licensed Residential Facilities 25
B. ECONOMIC DEVELOPMENT 26
1. Cities Development and Economic Development 28
Responsibilities
2. Equal Treatment of Cities 29
3. Tax Increment Financing 29
4. Local Option for Development Organization 30
Structure
5. County Economic Development Authorities 31
(EDA's)
6. County Economic Development Authorities 31
(EDA's)
7. Development of Polluted Lands 31
8. Building Permit Fee Surcharge 32
C. LAND USE PLANNING 32
PART FOUR
METROPOLITAN AGENCIES
IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN 34 - 49
GOVERNMENTAL AGENCIES
A. PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES 34
B. CRITERIA FOR EXTENSION OF METROPOLITAN 34
ORGANIZATION POWERS
C. STRUCTURES, PLANNING, IMPLEMENTATION AND 35
FUNDING OF METROPOLITAN SERVICES AND PROGRAMS
1. Policy Planning - Implementation 35
2. Funding for Regionally Provided Services 35
3. Regional Tax Rates and User Fees 36
D. COMPREHENSIVE PLANNING - LOCAL AND REGIONAL 36
INTERACTION
E. COMBINED SEWERS - SEPARATION 37
F. METROPOLITAN COUNCIL BUDGET/WORK PROGRAM PROCESS 37
1. Budget Detail and Specificity 37
2. Reliance on Property Taxes 38
3. Program Evaluation 38
G. METROPOLITAN PARKS AND OPEN SPACE FUNDING 39
1. Operation and Maintenance (0 & M) Funding 39
2. Regional Bonding For Regional Parks 39
H. WATER MANAGEMENT IN METROPOLITAN AREA 40
I. WATER SUPPLY IN METROPOLITAN AREA 41
J. WASTE STREAM MANAGEMENT 42
1. Integrated Waste Stream Planning 43
2. Hazardous and Dangerous Waste Management 44
3. Metropolitan/County Responsibilities 46
4. Local Solid Waste Management 46
Responsibilities
5. Funding 47
6. Organized Collection 48
7. Host Cities and Cleanup Responsibilities 48
PART FIVE
TRANSPORTATION
V. TRANSPORTATION 50 - 59
A. STREET AND HIGHWAY GENERAL FUNDING 50
B. METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING 50
C. TRANSPORTATION SERVICES FUND 50
D. TRANSPORTATION FUNDING ALTERNATIVES 51
E. HIGHWAY AND TRANSIT INTEGRATION 51
F. HIGHWAY JURISDICTION REASSIGNMENT, TURNBACKS, 52
AND FUNDING
G. TRANSPORTATION UTILITY 52
H. '3C' TRANSPORTATION PLANNING PROCESS - ROLE 53
OF ELECTED OFFICIALS
I. LARGE TRUCKS (TRIPLE TRAILERS) 54
J. CITY SPEED LIMITS 54
K. SEAT BELTS
L. REGIONAL TRANSIT SYSTEM
M. MSA SCREENING COMMITTEE
N. METROPOLITAN TAX
0. AIRPORT POLICY
P. BIKEWAY GRANTS PROGRAM
Q. OPTOUT
54
55
56
56
57
58
58
PART SIX
ENDORSEMENT POLICIES
VI. ENDORSEMENT POLICIES 60 - 67
A. TRUTH IN TAXATION 60
B. CITY FUND BALANCES 61
C. SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION 62
D. STATE ADMINISTRATIVE COSTS 62
E. COMPARABLE WORTH 63
F. LIQUOR ISSUES 64
G. WARRANTS TO TOW VEHICLES 64
H. ECONOMIC DEVELOPMENT AUTHORITIES 64
I. MUNICIPAL SERVICE DISTRICTS 65
J. TOLLWAY AUTHORIZATION 66
K. ROAD ACCESS CHARGE 66
L. MSA MILEAGE LIMIT 66
M. OPPOSE MARKET VALUE REFERENDA 67
I
MUNICIPAL REVENUES
PAGE 1 THROUGH 7
LEGISLATIVE POLICIES
1991
I
MUNICIPAL REVENUE AND TAXATION
I -A LEVY LIMITS
The Association of Metropolitan Municipalities 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 may 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. For example, the arbitrary decision in
1981 to create a new levy limit base effectively penalized those
cities that were successful in holding down their property tax
levies in 1981. This was done again in 1987 and 1988. History has
now provided cities with numerous lessons teaching that cities
which choose to levy less than the maximum allowed in a given year
risk being later tied to unrealistic or artificially low new
limits for future budget years. Therefore,
THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS
AND RECOMMENDS THAT THE MINNESOTA LEGISLATURE ALLOW LEVY LIMIT
LAWS FOR CITIES TO SUNSET PER CURRENT LAW FOR TAXES PAYABLE 1993.
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, certain 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 LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED
EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INFUSION OF
FUNDS MANDATES A NEW PROPERTY TAX OR A DECREASED EXPENDITURE IN
-1-
lilt OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE,
WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED,
THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING
ASSISTANCE.
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 ranged 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
gimmicks such as Disparity Reduction Aid (Mill rate equalization)
and Tax Base Equalization Aid, have been invented to target money
to various 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
(IMC) TO DEVELOP A STATEWIDE LOCAL GOVERNMENT AID DISTRIBUTION
SYSTEM AND PLEDGES ITS HELP IN THAT EFFORT, PROVIDING THE AID
DISTRIBUTION FORMULA IMPLEMENTS THE FOLLOWING CRITERIA:
.THE SALES TAX IS A GENERAL REVENUE SOURCE FOR CITY EXPENDITURES
AND THUS SOME DISTRIBUTION TO EACH 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 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
AND APPROPRIATE SUPPORT LEVEL; AND
-2-
.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 SALES TAX RECEIPTS
DEDICATED TO PROPERTY TAX RELIEF BE DESIGNATED AS EACH CITY'S
SHARE OF ME SALES TAX AND DISTRIBUTED BASED ON A PER HOUSEHOLD
AND/OR PER CAPITA BASIS.
I-D PROPERTY TAX
D-1 HOMESTEAD CLASS RATES
The 1991 Legislature is to be commended for modifying the
Homestead Class Rate system to eliminate the third and highest
rate tier over a two year period. 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 significant in achieving more fairness and
equity in the property tax system, especially for homestead
property.
THE AMM COMMENDS THE LEGISLATURE FOR THE PHASED ELIMINATION OF THE
THIRD TIER HOMESTEAD CLASS RATE AND FOR NOT SHIFTING THE RESULTING
TAX INCREASE ONTO OTHER PROPERTY. THE AMM URGES THE LEGISLATURE
TO ALLOW THE COMPLETION OF THE ELIMINATION AND TO CONTINUE NO MORE
THAN TWO HOMESTEAD CLASS RATE TIERS IN THE FUTURE.
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 fire 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.
-3-
D-3 STATE AND METROPOLITAN AGENCY OWNED TAX EXEMPT PROPERTY
The State of Minnesota 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 ENCOURAGES THE STATE LEGISLATURE TO ESTABLISH A PROGRAM
FOR REIMBURSING MUNICIPALITIES FOR SERVICES TO STATE AND
METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE
THAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT
THEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR
SERVICES THAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE
AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA AND
METROPOLITAN AGENCIES.
D-4 PROPERTY TAX REFORM
Many significant changes in the property tax system have been made
since the 1988 Session. The AMM 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 in 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. The financial
viability of those projects should not be jeopardized by
state -imposed changes in the tax structure. Likewise, enterprise
zone businesses have been recruited based on a commitment that
they would receive a preferential classification ratio in the
calculation of their property tax obligations. These development
districts should be protected from any negative consequences of
tax reform. The tax increment financing plan in effect at the
time legislation is passed should be the basis for determining
remedies.
-4-
In enacting any major reforms of the Minnesota property tax
system, including the complementary system of aids to local
government, the AMM recommends that the Legislature pursue
policies which meet the following conditions:
THE IMPACT OF THE PROPOSAL SHOULD BE THOROUGHLY ANALYZED, NOT ONLY
FOR ITS IMPACT STATEWIDE, BUT ALSO FOR ITS EFFECT ON INDIVIDUAL
COMMUNITIES.
MAJOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING
JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR.
ALL SIGNIFICANT CHANGES SHOULD BE PHASED IN SO THAT CITIES CAN
ADEQUATELY PLAN FOR ANY NEEDED ADJUSTMENTS.
LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAM OF SHARING STATE
REVENUE FOR THE PURPOSE OF EQUALIZING LOCAL PROPERTY TAX BURDENS,
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 NOT JEOPARDIZE EXISTING DEVELOPMENT
DISTRICTS WHOSE ESTABLISHMENT AND FINANCING WERE BASED ON
CONTINUATION OF THE CURRENT TAX STRUCTURE. ANY TAX REFORM NEEDS
TO RECOGNIZE EXISTING TAX INCREMENT FINANCE DISTRICTS AND THEIR
CASH FLOW AND OBLIGATIONS. IMPACT ON ENTERPRISE ZONES MUST ALSO
BE ADDRESSED.
THE CHANGES IN TAX STATEMENTS MADE BY THE 1988 LEGISLATURE HAVE
THE POTENTIAL TO MISLEAD TAXPAYERS ABOUT THE VALUE OF HOMESTEAD
AND AGRICULTURAL CREDIT AID (HACA) PAYMENTS MADE TO LOCAL
GOVERNMENTS AND SHOULD BE CORRECTED.
THE PROPERTY TAX SYSTEM SHOULD IMPROVE EQUALIZATION FOR CITIES,
COUNTIES AND SCHOOLS AND FOR INDIVIDUAL TAXPAYERS WITHIN THE
PARAMETERS OF OTHER AMM PROPERTY TAX OBJECTIVES. AT THE SAME
TIME, REFORMS SHOULD NOT MAKE MAJOR REDUCTIONS IN THE PROPERTY TAX
BASES OF CITIES.
AN INCOME -ADJUSTED CIRCUIT BREAKER AND RENTERS' CREDIT SHOULD
CONTINUE.
SIMPLIFICATION AND ACCOUNTABILITY ARE DESIRABLE GOALS 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
-5-
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
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 1989 show an imbalance
of state revenues collected and aids and credits distributed
between the metropolitan and outstate areas that is growing each
year. Over 65% of the State Revenue is collected in the
Metropolitan Area while less than 45% of the aids and credits are
redistributed in the metro area. In 1989 there was $.53 returned
in aids and credits for each dollar collected in the metro area
whereas, there was $1.25 returned per $1.00 collected in greater
Minnesota. If this trend 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
MAJORITY OF THE STATE 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 NOT ALLOW THE
IMBALANCE TO CONTINUE AND TO CONSIDER HOW THIS DISTRIBUTION 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
-6-
that it was better to take away service resources from citizens
and blame local government.
THE AMM SUPPORTS A CONTINUED 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 BANK WHILE ARBITRARILY CUTTING PREVIOUSLY
COMMITTED LOCAL EXPENDITURES IS BAD PUBLIC POLICY AND IS DECEIVING
TO THE CITIZENS OF MINNESOTA.
I-F SALES TAX DEDICATION GUARANTEE
The AMM 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 PROGRAMS CURRENTLY PAID BY THE TRUST FUND BUT
NOT TO INCLUDE FUTURE PROPERTY CLASSIFICATION CHANGES AFTER 1994.
THE AMM SUPPORTS AN IRREVOCABLE DEDICATION OF 2 CENTS SALES AND
MOTOR VEHICLE EXCISE TAX TO THE TRUST FUND WHICH INCLUDES SUPPORT
OF A CONSTITUTIONAL DEDICATION IF STATUTORY DEDICATION CAN NOT BE
GUARANTEED.
II
GENERAL LEGISLATION
PAGE 8 THROUGH 17
II
GENERAL LEGISLATION
II -A LABOR RELATIONS ISSUES (PELRA)
In addition to coverage under the Minnesota Public Employee
Labor Relations Act, public employees find their employment
relationship governed by a number of laws that can conflict with
their collective bargaining rights negotiated under PELRA.
Disciplinary actions against a public employee can be governed by
the veterans preference law, the human rights act, federal
discrimination laws, civil service or merit systems, laws relating
to specific employee classes (i.e. city managers) or specific job
protections (i.e. right to know or workers compensation laws) or
by state and federal due process or implied contract provisions.
PELRA should be amended to encourage successful negotiation of the
"terms and conditions of employment". Specifically, constraints or
artificial timelines on the parties' ability to bargain, should be
amended.
A-1 DISCIPLINARY ACTION
PUBLIC EMPLOYEES INCLUDING VETERANS SHOULD HAVE "ONE BITE" IN
DISCHARGE ACTIONS. THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT SHOULD CONTROL THE ACTION, AS LONG AS STATE AND
FEDERAL DUE PROCESS RIGHTS ARE GUARANTEED.
THE DISCHARGE PROCEDURES RIGHTS UNDER ANY LAW OR SYSTEM SHOULD
BE HELD BEFORE A NEUTRAL PARTY AND SHOULD BE HANDLED WITHIN 120
DAYS OF THE DISCIPLINARY ACTION INITIATED BY THE PUBLIC
EMPLOYER.
COMPENSATION PAYMENTS AND ACCRUAL OF BENEFITS SHOULD NOT BE
PERMITTED WHERE AN EMPLOYEE HAS BEEN GIVEN NOTICE OF THE
EMPLOYER'S INTENT TO DISCHARGE FOR "JUST CAUSE."
THE VETERANS PREFERENCE LAW, PROHIBITING DISMISSAL OF
PROBATIONARY EMPLOYEES WITHOUT A HEARING, SHOULD BE AMENDED SO
THAT ALL PROBATIONARY EMPLOYEES ARE TREATED UNIFORMLY.
A-2 IMPASSE RESOLUTION/BINDING ARBITRATION
ALL PUBLIC EMPLOYEES, REGARDLESS OF JOB CLASSIFICATION, SHOULD
HAVE THE RIGHT TO STRIKE. HOWEVER, A STATUTORY MECHANISM SHOULD
BE PUT IN PLACE THAT ALLOWS A PUBLIC EMPLOYER TO ADDRESS PUBLIC
HEALTH, SAFETY AND WELFARE CONCERNS IN THREATENED OR ACTUAL STRIKE
SITUATIONS.
PUBLIC EMPLOYEES, AFTER IMPASSE IS DECLARED, SHOULD BE ALLOWED TO
GIVE ONLY ONE NOTICE OF THEIR INTENT TO EXERCISE THEIR RIGHT TO
STRIKE. IF THE NOTICE IS GIVEN AND THEY FAIL TO STRIKE DURING THE
STATUTORY PERIOD, THEY WOULD LOSE THEIR RIGHT TO STRIKE.
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THE AIM STRONGLY URGES THE LEGISLATURE TO READOPT ITEM BY ITEM
LAST BEST OFFER INTEREST ARBITRATION TO PROMOTE MORE MEANINGFUL
NEGOTIATIONS FOR ESSENTIAL EMPLOYEES.
A-3 PICKET LINES
PUBLIC EMPLOYEES SHOULD NOT BE GIVEN THE RIGHT TO REFUSE TO CROSS
A PICKET LINE.
A-4 UNFAIR LABOR PRACTICE CHARGES
REVIEW OF UNFAIR LABOR PRACTICE CHARGES SHOULD BE TRANSFERRED FROM
DISTRICT COURT TO AN ADMINISTRATIVE AGENCY. (I.E. BUREAU OF
MEDIATION SERVICES OR OFFICE OF ADMINISTRATIVE HEARINGS).
A-5 PART TIME EMPLOYEES
THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE PREVIOUS
DEFINITION OF EMPLOYEES COVERED BY PELRA TO BE PERSONS EMPLOYED
FOR MORE THAN 100 WORKING DAYS IN A CALENDAR YEAR, INSTEAD OF THE
CURRENT 67 DAYS FOR NON STUDENTS.
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
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is times two for liability of 35% 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 RECOMMENDS THAT THE CURRENT 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 REQUESTS FROM THE PUBLIC TO AN
INDIVIDUAL OR BOARD AT THE STATE FOR AN OPINION ON THE PROPER
RESPONSE. THE AMM WOULD SUPPORT THIS PROCESS ONLY IF ANY LOCAL
GOVERNMENT RECEIVING THE OPINION WOULD ALSO 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,
SUBD. 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. All 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 40% 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. THE
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
EMPLOYEES ON A CURRENT BASIS.
D-4 ASSUMPTION CHANGES
THE AMM SUPPORTS CHANGES IN
SALARIES AND INVESTMENT RETURN
THE AMM OPPOSES PAYMENT OF ANY
MEMBERS (13TH. CHECK) AS A PART
ACTUARIAL ASSUMPTIONS RELATING TO
TO MORE TRULY REFLECT EXPERIENCES.
TYPE OF BONUS TO ACTIVE OR RETIRED
OF ACTUARIAL ASSUMPTION CHANGES.
II-E OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
The AMM 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 TASKS REQUIRING NEW OR ADDED LOCAL
COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM. THIS INCLUDES
MANDATING ELECTION BY WARDS AND INTRUSION IN SETTING LOCAL
SALARIES.
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II-F 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. This is an improvement
but still will create significant hardship with many reputable
small contractors. In todays market, projects in excess of
$50,000 are very common and are not really large jobs. The
emphasis should be in 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.
II-G POLICE OFFICER STANDARDS AND TRAINING - RECRUITMENT
Current POST rules require at least a two year degree in law
enforcement to be eligible to become a peace officer. This is
somewhat restrictive in that it does not allow for College degreed
persons to make a career change without returning to school for
significant added course work. The current applicants tend to
lack maturity that may be desireable to blend into police
departments.
Since the adoption of uniform standards of training and licensing
for police officers in 1978 many positive changes have been made
to allow a wide range of people to qualify to be police officers
in Minnesota. However, one area is still a significant problem,
protected class recruitment, specifically Black and Hispanic
minorities. Because of the education requirements, people must
decide or be recruited early in the post secondary education time
frame, to qualify in police work. Neither POST nor cities are in
the position of being able to induce or recruit people into the
appropriate educational track at the appropriate time and the
University/College system is not doing so either. Therefore,
protected class hiring is very difficult. One area that has been
overlooked is Military Police, who are trained police personnel
but may lack the required academics.
THE AMM ENCOURAGES THE POST BOARD TO CONSIDER ALLOWING PERSONS
WITH COLLEGE DEGREES OR OTHER APPROPRIATE EDUCATION AND MILITARY
POLICE PERSONNEL TO BECOME PEACE OFFICERS WITH SOME ADDITIONAL LAW
RELATED COURSE WORK THAT CAN BE ATTAINED THROUGH PRE EMPLOYMENT
PART-TIME EFFORT OR DURING THE FIRST YEAR OF FULL TIME PEACE
OFFICER EMPLOYMENT. THIS DOES NOT AFFECT THE SKILLS COURSE
REQUIREMENTS.
II-H STATE AGENCY RULE MAKING
Legislation is needed to assure that municipalities are informed
of proposed rules when they are initiated by State Agencies to
assure a more meaningful appraisal of their impact upon local
government.
State agencies now are required to only publish notice of proposed
rules in the State Register which is not in general circulation
and which is available to local governments only by subscription,
whereas, State law mandates that local governments publish notice
of a variety of activities in legal newspapers and mail notices to
potentially affected parties. State agencies are not required to
notify local governments when rules are proposed that have direct
impact upon and directly involve the local governments.
The current law also allows the agencies to decide that proposed
rules are "non -controversial" and thereby negate the requirements
for a Public Hearing. The decision that a proposed rule is
"non -controversial" may be overridden only if 25 persons file a
notice with the agency that a Public Hearing is desired.
The law requires agencies to make a finding as to the cost the
proposed rules would have for other units of government; this
process does not require the solicitation of input from the other
units of government, but, rather, is left to the agency itself.
The cost threshold for "non -controversial" is an overall dollar
amount that does not consider that the cost could be very
significant for some units.
THE AMM REQUESTS LEGISLATION THAT WOULD REQUIRE DIRECT
NOTIFICATION FOR PROPOSED AGENCY RULES IF THERE IS IMPACT OF ANY
FINANCIAL NATURE REGARDLESS OF THE AMOUNT. ALSO, THAT AGENCIES BE
REQUIRED TO ESTABLISH AN OPEN PROCESS TO SEEK INPUT FROM AFFECTED
GOVERNMENTAL AGENCIES PRIOR TO DECLARING A PROPOSED RULE
"NON -CONTROVERSIAL" THUS BYPASSING FORMAL PUBLIC HEARING.
II -I SHADE TREE DISEASE CONTROL PROGRAM
Starting in 1977 the legislature made a strong commitment to
control Dutch Elm and Oak Wilt tree diseases by enacting an
excellent Shade Tree Disease Control program and backing that
legislation with sufficient funding to bring the diseases under
control. However, due to lack of financing in the most recent
past, Dutch Elm disease is once again spreading rapidly as it has
in other areas of the country when financial commitment has
stopped. Therefore, the AMM urges the legislature to:
CONTINUE THE SHADE TREE DISEASE CONTROL LEGISLATION WITH NO
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CHANGES AND TO PERMIT CITIES TO USE SPECIAL LEVIES, SPECIAL
ASSESSMENTS, AND OTHER SOURCES TO FUND LOCAL CONTROL PROGRAMS.
II-J CONCURRENT DETACHMENT AND ANNEXATION
Prior to 1985 the changing of municipal boundaries initiated by
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 USE IF THE PERMITTED DEVELOPMENT HAS
BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN.
-THE COMPREHENSIVE PLAN DOES NOT ACCOUNT 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
MUNICIPAL BOARD SHALL APPROVE A CONSULTANT. THE STUDY SHOULD
EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE
RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STUDY SHOULD
ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY
FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PLAN.
THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE
CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE
PROPERTY OWNERS SHALL PRESENT THE 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 ALLOW FOR
MEDIATION BY THE CITIES.
FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE
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REGIONAL PLANNING COMMISSION(S) OR METROPOLITAN COUNCIL WHERE 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
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;
-THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS;
-THE EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY
FROM THE REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE
PROPOSED MUNICIPALITY; AND
- ADDITIONAL CRITERIA INCLUDED IN MS 414.041, SUBDIVISION 5
III
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
PAGE 18 THROUGH 33
III
HOUSING, ECONOMIC DEVELOPMENT AND LAND 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-1. 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 EFFECT 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 LEVELS 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 LAND 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
SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE,
AMOUNT, AND TYPE OF HOUSING WITHIN THEIR BOUNDARIES. NO
LEGISLATIVE INITIATIVE NEEDED.
A-4. STATE AND REGIONAL 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 and metropolitan governments, private and
non-profit developers to initiate affordable housing. Local
governments should participate in the formulation of state and
metropolitan housing policy which will be used to support local
housing goals.
THE AMM RECOMMENDS THAT THE STATE PROVIDE NEEDED FUNDING IN THE
FORM OF GRANTS AND LOANS TO ASSIST CITIES IN MEETING LONG, RANGE
HOUSING NEEDS IN THE STATE. SEVERAL STATE FINANCING SOURCES SHOULD
BE CONSIDERED, INCLUDING BUT NOT LIMITED TO:
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- STATE APPROPRIATIONS
- STATE BONDING
- STATE GAMBLING REVENUE
INCREASED MORTGAGE DEED TAX
THE AMM WOULD RECOMMEND THAT THE STATE ESTABLISH A HOUSING POLICY
TO PRIORITIZE AND ALLOCATE ITS RESOURCES.
THE STATE SHOULD ALSO CONSIDER CONSOLIDATING SMALLER PROGRAM
ACTIVITIES AND ANY NEW REVENUES WITH THE HOUSING TRUST FUND. THE
STATE SHOULD CONSIDER THE USE OF STATE TAX POLICY TO BENEFIT THE
MAINTENANCE AND DEVELOPMENT OF AFFORDABLE HOUSING. EXAMPLES OF
THIS WOULD BE THE ESTABLISHMENT OF A STATE LOW INCOME HOUSING TAX
CREDIT AND OTHER MODIFICATIONS THAT WOULD EFFECT THE IMPACT OF
PROPERTY TAXES ON RENTAL PROPERTY.
THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED TO
FUND STATE AND METROPOLITAN GOALS. THE AMM ALSO RECOMMENDS THAT A
PORTION OF ANY NEW METRO AREA TAX SHOULD BE USED TO FUND HOUSING
ACTIVITIES IN COOPERATION WITH LOCAL GOVERNMENTS.
LOCAL PARTICIPATION IN THE DEVELOPMENT OF THESE POLICIES IS
CRITICAL FOR THE LONG TERM IMPLEMENTATION OF THE HOUSING GOALS.
A-5 FEDERAL HOUSING POLICY
The Federal Government has a broader and more diverse tax base
than state and local governments. For this reason, the Federal
Government should provide the necessary funding to fulfill its
housing policy commitments to very low income persons beyond the
funding reach of state and local governments.
THE AMM SUPPORTS CONGRESS'S EFFORT TO ADOPT HOUSING LEGISLATION
WHICH WILL INCREASE FUNDING LEVELS FOR THE PROVISION OF AFFORDABLE
HOUSING.
IT IS ESSENTIAL THAT FUNDING IN THE FORM OF GRANTS BE PROVIDED TO
CITIES IN ORDER TO SUPPORT THE NEEDS OF THOSE PERSONS REQUIRING
ASSISTED HOUSING (VERY LOW INCOME). THIS SHOULD INCLUDE:
-HOME PROGRAM FUNDING AT A 2 BILLION DOLLAR LEVEL
-FUNDING FOR THE RENOVATION AND REHABILITATION OF
SUB -STANDARD HOUSING
- INCENTIVES THAT WOULD ENCOURAGE OWNERS NOT TO OPT OUT OF
SECTION 8 CONTRACTS
- CONTINUED AND INCREASED FUNDING OF THE SECTION 8 RENT
SUBSIDY PROGRAM
- CONTINUED AND INCREASED FUNDING OF SECTION 202 PROGRAM
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IT IS ALSO NECESSARY TO AMEND THE FOLLOWING HUD RULES:
- RULES REQUIRING CITIES TO PAY BACK BLOCK GRANT FUNDS FOR
SCATTERED SITE HOUSING PROJECTS WHICH MEET GRANT OBJECTIVES.
- RULES REQUIRING CITIES TO BE PART OF THE TITLE CLAIM WHILE
FACILITATING REHAB AND CLEANUP OF HAZARDOUS WASTE SITES.
- SIMPLIFY COMPLIANCE PROCEDURES FOR CDBG AND OTHER HUD
PROGRAMS IN ORDER TO REDUCE ADMINISTRATIVE COSTS FOR CITIES
AND THEIR SUBGRANTEES AS WELL AS TO ENCOURAGE MORE MEANINGFUL
INVOLVEMENT BY NEIGHBORHOOD ORGANIZATIONS IN THESE PROGRAMS.
A-6 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 the particular city and
is consistent with the regional housing policy. Cities need to
have 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 THEY CAN
MEET COMMON POLICY GOALS.
IT IS NECESSARY TO EXPAND FINANCIAL RESOURCES AVAILABLE AT THE
LOCAL LEVEL. THIS COULD INCLUDE:
- THE REMOVAL OF SOME OF THE LIMITATIONS ON THE USE OF TAX
INCREMENT FINANCING FOR HOUSING
- REMOVAL OF CITY AND HOUSING AUTHORITY LEVY LIMITS
- ALLOW FOR SPECIAL IMPACT FEES
- SPECIAL LEVIES FOR HOUSING
-REINSTATE THE STATE DEED AND MORTGAGE TRANSFER TAX
EXEMPTION FOR PUBLIC AGENCIES
- USING THE PROPERTY TAX SYSTEM TO PROVIDE INCENTIVES FOR LOW
INCOME HOUSING
A-7 METROPOLITAN AREA HOUSING NEEDS
The Metropolitan Council through a specially appointed regional
housing task force has 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 1990's to jeopardize many peoples opportunity for housing
of their choice'.
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The AMM supports most of the task force's final report conclusions
and is very concerned with the problems identified in said report.
However, individual cities do not have the financial resources to
adequately deal with said problems.
TO BEGIN ADDRESSING THE REGIONS HOUSING PROBLEMS, THE AMM
RECOMMENDS THAT:
A. ALL CITIES AND THE METROPOLITAN COUNCIL UNDERTAKE COORDINATED
AND COMPREHENSIVE PLANNING WITH RESPECT TO CITY AND REGIONAL
HOUSING NEEDS INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS.
B. ADDITIONAL FUNDING FROM SOURCES BEYOND CITIES' CURRENT REVENUE
SOURCES SHOULD BE PROVIDED TO ENABLE CITIES AND THE REGION TO
ADDRESS THE HOUSING NEEDS. ADDITIONAL FUNDING IS NEEDED TO
ASSIST CITIES WITH THE COMPREHENSIVE PLANNING AND ITS
IMPLEMENTATION. THE ADDITIONAL FUNDING COULD BE CONDITIONED
ON A CITY UNDERTAKING THE SPECIFIED COMPREHENSIVE AND
COORDINATED PLANNING AND THAT ALLOCATION COULD BE BASED ON
CONFORMANCE WITH SPECIFIED STANDARDS.
A-8 NEIGHBORHOOD LIVEABILITY
Rapidly evolving social, demographic, economic and behavorial
changes are converging on many cities creating new challenges that
exceed their capacity to deal effectively with their new
environments.
The challenges cities face, such as deteriorating neighborhoods,
crime, and drugs, need the cooperative efforts of public private
and business interests to solve. Cities have expanded public
safety, inspection, and health programs; have aggressively
repaired and replaced infrastructure; ie., replaced streets and
public utility lines; have removed diseased trees, redeveloped
parks, refurbished or replaced neighborhood civic facilities; and
have developed programs to assist low and moderate income families,
yet problems continue to grow.
Cities should take the lead in developing local and regional
strategies that will assist them in dealing with growing
neighborhood problems. These strategies should include the
following major categories:
1. Physical and structural deterioration of the
neighborhood.
2. Social welfare of the neighborhood.
3. Educational opportunities.
PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD:
a. Cities need to evaluate the demographic impact on
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g•
their housing stock and plan for future
rehabilitation or reuse. The demographic impacts
may include declining home values, delayed or
non -maintenance of housing stock, foreclosed or
abandoned housing and the changing of neighborhood
character (i.e. An owner base to a tenant base). In
a metropolitan area these forces go beyond a city's
boundary and may require a more metropolitan view to
try to resolve the causes of the problems.
b. Cities need to plan for continued upgrading of public
facilities (i.e. streets, utilities, parks) even in
the face of declining values. This may
require statutory authority beyond existing authority.
c. Cities need to plan for regulatory enforcement at
levels needed to maintain neighborhood quality. If a
strong level of enforcement is provided up front it
can be an effective relatively low cost long term
strategy for maintaining neighborhood quality.
d. Cities need to plan for and encourage neighborhood
resident's 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 ability 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.
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.
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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 training,
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
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
lesson 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
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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).
THE AMM WILL SUPPORT LEGISLATIVE INITIATIVES THAT PROVIDE
CITIES WITH THE NECESSARY TOOLS, FUNDING AND PROGRAMS TO HELP
STRENGTHEN AND PRESERVE NEIGHBORHOODS. THE AMM ALSO BELIEVES
THAT A HOLISTIC APPROACH IS NEEDED TO SOLVE THE NEIGHBORHOOD
DETERIORATION PROBLEM AND WILL REQUIRE THE COOPERATION AND
INVOLVEMENT OF EDUCATIONAL INSTITUTIONS, HUMAN SERVICES
AGENCIES, PRIVATE NON-PROFIT ORGANIZATIONS IN ADDITION TO
CITY RESOURCES.
Tut: AMM ALSO BELIEVES THAT THE METROPOLITAN COUNCIL HAS A
ROLE TO PLAY IN NEIGHBORHOOD AND COMMUNITY REVITALIZATION AND
URGES THE COUNCIL TO INITIATE A COMPREHENSIVE STUDY OF
RESOURCES NEEDED TO ADDRESS NEIGHBORHOOD AND COMMUNITY
REVITALIZATION ISSUES SUCH AS HOUSING, EDUCATION, HEALTH AND
HUMAN SERVICES, TRANSPORTATION, AND JOBS AND JOB TRAINING.
A-9 STATE LICENSED RESIDENTIAL FACILITIES (GROUP HOMES)
The AMM believes 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 AMM 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. Recent amendments to the Federal Fair Housing Act may
have an impact on the State's ability to regulate residential
based facilities, but the extent of such impact is not known as
yet. However, the AMM believes that the principles contained in
this policy are very appropriate and any state legislation
pursued should not conflict with the AMM principles.
The residents of residential based facilities come from our
communities and the AMM 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.
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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 state also has the responsibility to notify a
city when such a facility is licensed so that the city is prepared
to deal with emergencies that might occur in such a facility.
The AMM 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 LEGISLATURE SHOULD ADHERE TO THE FOLLOWING PRINCIPLES WHEN
DEALING WITH THE ISSUES OF DEINSTITUTIONALIZATION AND RESIDENTIAL
BASED FACILITIES:
- THERE MUST BE 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.
- 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. IN
ADDITION, FINANCIAL INCENTIVE PROGRAMS FOR PROVIDERS LOCATING IN
NON -CONCENTRATED AREAS SHOULD BE EXPLORED.
- THERE MUST BE ADEQUATE STATE FUNDING SO THAT THE RESIDENTS OF
THESE FACILITIES RECEIVE PROPER CARE AND SUPERVISION.
- 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
EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS.
- ANY LEGISLATION EFFECTING LAND USE CONTROLS SHOULD BE EXPRESSED
IN TERMINOLOGY CONSISTENT WITH LOCAL LAND USE CONTROLS.
- A FAIR SHARE CONCEPT AND FORMULA SHOULD BE CONSIDERED WITHIN THE
METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT
OF OTHER FACTORS INCLUDING TRANSPORATION FACILITIES, JOBS
AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES.
III-B ECONOMIC DEVELOPMENT
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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 populous is housed.
All Metropolitan communities address economic development when its
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
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 AMM 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 AMM member cities are appropriate to their needs and
that economic development efforts of others are complementary to
and not at the expense of member 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 are all key elements in the economic development
picture of a community.
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While infrastructive issues such as water and sewer are to some
degree issues for one or two governmental entities, transportation
systems involves the entire gammet 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 transportation system, including the before mentioned
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 AMM, 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 AND ECONOMIC DEVELOPMENT RESPONSIBILITIES.
The AMM has been operating under the assumption that cities have
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the primary responsibility for economic development within their
jurisdictions. This includes redevelopment as well as new
development. However, it became apparent during the discussion
and debate concerning Tax Increment Finance, that many
legislators, state agency officials, officials representing other
levels of government and many private sector representatives do
not share that view. With the destruction of TIF as a viable tool
for economic development, cities no longer have the necessary
tools to be responsible for economic development in today's
economic environment. Consequently, we believe that legislative
action is needed to address the many issues and costs associated
with economic development in our cities.
THE AMM ENCOURAGES THE LEGISLATURE TO EXAMINE THE QUESTION OF
ECONOMIC DEVELOPMENT AND DETERMINE WHICH LEVEL OR LEVELS OF
GOVERNMENT SHOULD HAVE THE PRIMARY RESPONSIBILITY FOR ECONOMIC
DEVELOPMENT WITHIN THIS STATE. IF IT IS TO BE A SHARED
RESPONSIBILITY, THEN THE VARIOUS ROLES INCLUDING ALL ISSUES AND
COSTS WHICH EFFECT ECONOMIC DEVELOPMENT SHOULD BE CLEARLY
DELINEATED. THE APPROPRIATE TOOLS SHOULD THEN BE DEVELOPED SO
THAT EACH 'PLAYER' CAN CARRY OUT THE DESIGNATED RESPONSIBILITIES.
THE AMM STRONGLY RECOMMENDS THAT LOCAL GOVERNMENTS BE GIVEN A
MEANINGFUL OPPORTUNITY TO PARTICIPATE IN THIS EXAMINATION
PROCESS.
B-2 EQUAL TREATMENT OF CITIES.
The AMM 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 INCREMENT 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
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during the 1990 Legislative Session virtually eliminated 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 development 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 FOUR TYPES OF TIF DISTRICTS:
1. HOUSING.
2. SOIL CONDITION.
3. REDEVELOPMENT.
4. MANUFACTURING.
B. ELIMINATE THE LGA AND HACA DEDUCTIONS.
C. ELIMINATE THE FIVE YEAR LIMITATION AND RESTORE POOLING
PROVISIONS TO PRE 1990 RESTRICTIONS.
D. HAZARDOUS SUBSTANCES SUBDISTRICTS TO DEAL WITH POLLUTION
PROBLEMS SHOULD BE INCLUDED IN REDEVELOPMENT DISTRICTS.
E. ALL CITIES SHOULD BE ABLE TO CREATE MANUFACruHING DISTRICTS.
AND THE DEFINITION NEEDS TO BE CHANGED SO THAT 35 TO 40% OF
OFFICE SPACE IS ALLOWABLE IN AN OWNER OCCUPIED MANUFACTURING
FACILITY AND ALSO TO ALLOW 10 TO 15% NON -MANUFACTURING USES IN
AN INDUSTRIAL PARR FOR DAY CARE CENTERS, CONVENIENCE CENTERS,
ETC.
B-4 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE.
A bill was introduced in the 1988 legislative session which would
have had the effect of forcing cities to have a combined, single
development authority for housing and economic development and
redevelopment activities. The proponents argued that the intent of
the legislation was not to restrict local development activities but
to help assure coordination and cooperation at the local level.
Opponents argued that cities ought to have the maximum flexibility
in determining which type or types of local agencies were the most
appropriate to meet the desires and unique needs of different
cities. There is a possibility that a bill similar to the 1988 bill
will be introduced in the 1992 session.
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
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INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION
SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES NOT
CHOOSE SUCH OPTION. THE AMM ALSO 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 working through the Minnesota Association of
Counties are asking 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 AMM's judgement.
THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC
DEVELOPMENT AUTHORITY TO COUNTIES IN GREATER MINNESOTA BUT
OPPOSES SUCH 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
precluding incentive for private sector intervention. 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 Minnesota Pollution Control Agency is often slow and
noncommittal about time lines for issuing "no action letters" and
development opportunities can be lost as a result. Also, while
"no action" letters are readily available for public entities,
they are not available to the private sector. In addition, there
needs to be some certainty with respect to "closure" once a public
or private entity has cleaned up a property under the direction
of the Minnesota Pollution Control Agency.
The situation is urgent. Until these obstacles are removed,
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polluted sites continue to have a blighting influence on our
communities and pose a potential health threat to our citizens.
THE AMM SUPPORTS LEGISLATION THAT WOULD ADDRESS THE FOLLOWING:
- 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 WITH RESPECT TO HAZARDOUS
SUBSTANCE SUBDISTRICTS;
- MAKE "NO ACTION LETTERS" AVAILABLE TO THE PRIVATE SECTOR AS
WELL AS THE PUBLIC SECTOR AND MAKE SURE THEY PROVIDE FOR
CERTAINTY WITH RESPECT TO CLOSURE;
-CREATE AND ENFORCE A DEVELOPMENT ACTION RESPONSE TIMELINE;
AND
- ADD STATUTORY LANGUAGE REQUIRING THAT CONDEMINATION
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 RECOMMENDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED
BUILDING PERMIT SURCHARGE FEES IN EXCESS OF 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 for cities is
more than just one of the many powers 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,
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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 superceeded existing law
and created a uniform land planning law for cities, towns and
counties was introduced in the 1987 through 1990 legislative
sessions under the sponsorship of the former Governor's Advisory
Committee on State -Local Relations (ACSLR). The AMM
successfully opposed those proposals because they would have
diluted the authority of local elected officials; established a
new legal framework which could have rendered moot much of the
existing case law and existing codes and ordinances; created
conflict with some provisions of the metropolitan land planning
act; and reduced the flexibility and discretion of local official
to manage development within cities.
A special AMM task force has been working for the past 18 months
in developing a compromise proposal which would be beneficial to
metro cities as well as to the counties, townships and outstate
cities. The task force's work is now complete and a bill will be
introduced in the 1992 session based on the work of the AMM task
force.
THE AMM WILL SUPPORT A UNIFORM LAND PLANNING ACT THAT IS
CONSISTENT WITH THE PROVISIONS OF THE COMPROMISE PROPOSAL
DEVELOPED BY THE AMM LAND USE PLANNING TASK FORCE. THE KEY
PRINCIPLES WHICH MUST BE CONTAINED IN A NEW LAW ARE AS FOLLOWS:
A. THE LEGISLATION MUST NOT CONFLICT WITH THE METROPOLITAN LAND
PLANNING ACT, AND
B. THE AUTHORITY OF LOCAL ELECTED OFFICIALS TO MAKE LAND USE
DECISIONS MUST NOT BE REDUCED, AND
C. THE FLEXIBILITY IN MANAGING LAND USE PLANNING AT THE LOCAL
LEVEL MUST NOT BE REDUCED, AND
D. SUFFICIENT TIME MUST BE GRANTED IN IMPLEMENTING THE REVISED
LAW TO MINIMIZE THE COSTS TO CITIES IN UPDATING LOCAL CODES
AND ORDINANCES
IV
METROPOLITAN AGENCIES
PAGE 34 THROUGH 49
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 AMM 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 AMM
may need to deal with these issues through a metropolitan
administrative unit. AMM strongly states that these units 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 key 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 AREA; TO
PROVIDE REGION -WIDE SERVICES WITHOUT DUPLICATING THOSE PROVIDED BY
LOCAL GOVERNMENT THAT ARE BEYOND THE CAPABILITIES OF LOCAL
GOVERNMENTAL UNITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO
PROVIDE REGION -WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION
OF AFFECTED LOCAL GOVERNMENT 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
without 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
AUTHORITY BEING GRANTED.
ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED
ONLY WHEN AT LEAST ONE OF THE FOLLOWING 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 space, 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 (regional) planning and policy
implementation should be continued.
THE METROPOLITAN COUNCIL MUST BE A PLANNING AND COORDINATING
BODY. REGIONAL PROGRAMS SHOULD BE IMPLEMENTED AND OPERATED BY
EXISTING METROPOLITAN OPERATING AGENCIES AND/OR GENERAL PURPOSE
UNITS OF LOCAL GOVERNMENT.
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
discussion to replace these multiple sources with a single new
revenue source.
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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 THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW
REVENUE 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 AMM 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 GOALS. AN OPEN
VISIBLE PROCESS/PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES
UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE
NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE
CHANGES.
IV-D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION
Implementation of the legislation passed in 1976 mandating the
completion of local and regional comprehensive plans is complete.
Planning, however, is an ongoing process, and several precepts
should be kept in mind by local units of Government, Metropolitan
Agencies and the state as this 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
WIDE PROBLEM OR CONCERN THAT CAN ONLY BE SOLVED THROUGH A REGIONAL
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SYSTEM DESIGNATION.
IV-E COMBINED SEWERS - SEPARATION
The three communities of Minneapolis, St. Paul and South St. Paul
still have a significant amount of 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 meeting certain water quality standards in the Mississippi
River consistently 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 SEPARATION PROGRAM IN THE
THREE 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, THE AMM
REQUESTS THAT ITS BOARD OF DIRECTORS HAVE THE OPPORTUNITY TO
REVIEW AND COMMENT 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 EFFICIENT 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 approaching 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 SHOULD ALSO BE IDENTIFIED. MORE 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
The AMM is aware of growing 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, HUMAN
SERVICES PLANNING, ETC.
F-3 PROGRAM 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 ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL
BEING OF THE REGION.
- COUNCIL INTERVENTION OR ACTIVITY WILL MAKE A DIFFERENCE.
- COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A
SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A
STATE LEVEL ACTIVITY.
- COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM
ACTIVITY.
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IV-G METROPOLITAN PARR AND OPEN SPACE FUNDING
The Legislature established the Metropolitan Parks and Open Space
System in 1974 and provided state/regional fiscal support for the
acquisition and development of the Parks System and provided a
payment in lieu of taxes to local units of government on a
decreasing basis for land removed from the tax rolls. Since the
establishment of the system, the State and the Metropolitan area
have failed to establish a permanent partnership relative to the
status of the Regional Park System both within the region and
state. Failure to clearly define the role of regional parks has
led to long term instability relative to the acquisition and
development of regional parks and created significant funding
concerns for implementing agencies as they relate to the operation
and maintenance of those regional facilities.
G-1 OPERATION AND MAINTENANCE FUNDING
Regional parks within the Metropolitan area provide the same basic
function as state parks provide in Greater Minnesota. The State
has consistently refused to acknowledge this 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 Minnesota.
AMM RECOMMENDS THAT THE STATE OF MINNESOTA RECOGNIZE THE ROLE OF
REGIONAL PARKS WITHIN THE METROPOLITAN AREA AND PROVIDE
APPROPRIATE FUNDING TO IMPLEMENTING AGENCIES TO ASSIST THEM IN THE
OPERATION AND MAINTENANCE OF THE REGIONAL PARKS AND OPEN SPACE
SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE
FUNDING TO OPERATE AND MAINTAIN THESE FACILITIES.
G-2 REGIONAL BONDING FOR REGIONAL PARRS
The Legislature for the past several years has provided less than
25 percent of the funding requested for acquisition and
development by the Metropolitan Council and the MPOSC on an annual
basis. To allow for the orderly and planned development schedule
for the regional parks and open space system, the Metropolitan
Council is planning to use previously granted authority and issue
regional bonds to make up part of the shortage.
THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND
COULD TAKE THE `STATE OFF THE HOOK' IN FUTURE APPROPRIATION
CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY
A SUBSTITUTE FOR STATE PARRS IN THE METRO AREA AND SHOULD BE
FUNDED ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE
PAYING TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE
METROPOLITAN COUNCIL TO REDOUBLE ITS EFFORTS TO OBTAIN AN
EQUITABLE SHARE OF STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND
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OPEN SPACE SYSTEMS.
IV-H WATER MANAGEMENT IN METROPOLITAN AREA
In order to safeguard the public health and the environment it is
necessary to plan and manage our water resources as a valuable
state and metropolitan resource. Most Water Management
Organizations (WMOs), cities and towns are doing a good job of
dealing with surface and groundwater management issues and
seem to be the most logical entities to have such responsibility.
These existing mechanisms should continue to be used to the
greatest extent possible to address surface and groundwater
management problems, instead of establishing a new system or
creating new organizations.
At the Federal level serious consideration is being given to rules
and regulations which would drastically increase the efforts
required to ensure that surface water runoff meets environmental
standards. The cost implications particularly in fully developed
areas could be extremely high for units of government.
Local units of government should retain the basic responsibility
for surface water management as they are the level of government
closest to the problem but they need the financial resources and
tools to implement this responsibility.
THE AMM SUPPORTS THE OVERALL THRUST OF THE AMENDMENTS TO THE
METROPOLITAN SURFACE WATER MANAGEMENT ACT AS CONTAINED IN LAWS
1990, CHAPTER 601. HOWEVER, WE BELIEVE IT IS ESSENTIAL TO INCLUDE
CITY OFFICIALS IN A MEANINGFUL WAY AS THE BOARD OF WATER AND SOIL
RESOURCES (BWSR) AND THE METROPOLITAN COUNCIL MOVE TO IMPLEMENT
THOSE AMENDMENTS. THE AMIII DOES NOT BELIEVE ADDITIONAL MAJOR
CHANGES ARE NEEDED IN THIS ACT AT THE PRESENT TIME BUT THERE ARE
SOME WATER RELATED ISSUES WHICH SHOULD BE ADDRESSED:
-THE LOCAL COSTS OF IMPLEMENTING THE SURFACE AND GROUND WATER
MANAGEMENT RESPONSIBILITIES SHOULD BE OUTSIDE OF LEVY LIMITS.
-THE BWSR BOARD SHOULD BE EXPANDED TO INCLUDE SOME METROPOLITAN
AREA CITY OFFICIALS.
-THE METROPOLITAN COUNCIL SHOULD FORM AN ADVISORY COMMITTEE OF
LOCAL OFFICIALS TO ASSIST IT IN IMPLEMENTING ITS NEW SURFACE WATER
MANAGEMENT RESPONSIBILITIES.
-ALSO, THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY
ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY
LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOULD BE VIEWED AS THE
PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN PROVIDING
FUNDS FOR CAPITAL PROJECTS RELATED TO STORM WATER RUNOFF.
IV -I WATER SUPPLY IN METROPOLITAN AREA
The Association of Metropolitan Municipalities recognizes that
water is an important resource and its unchecked use in the
metropolitan area could produce undesirable results. The AMM
acknowledges that extended periods of drought could alter the
quality and quantity of this necessary element of life and living.
Some measures of conservation need to be considered for both the
short -and long-term. Cities can do much to help assure good
quality and large quantity of water for years to come. Cities
demonstrated in 1988 that they can react to the challenges of
managing a short supply of water when necessary. They also can
take a pro -active stance to ensure the careful use of this
resource so that an adequate supply can be maintained to
accommodate current and future needs even under drought
conditions.
The AMM believes that most Water Management Organizations, and
cities and towns are doing a good job of dealing with surface and
groundwater management issues and seem to be the most logical
entities to have such responsibility. These existing mechanisms
could do an even better job if they had a better data base, and
should continue to be used to the greatest extent possible to
address surface and groundwater management instead of establishing
a new system or a new organization.
The AMM believes cities in the seven -county metropolitan area
should develop their own short-term and long-term water supply
plans. These plans could include a variety of cost -and
water -saving measures. Cities are in the best position to
determine what type(s) of water resource management fit(s) their
individual needs. Just as each city possesses unique
characteristics that distinguishes it from another community, so
too, a city's water supply requirements would differ each from the
other.
The AMM recognizes that the Metropolitan Council has a legitimate
interest in maintaining a good supply of water for the
metropolitan area and recommends that it develop a regional water
supply plan that can be the basis for local water supply planning.
Local units of government should retain the basic responsibility
for water resource management because they are the level of
government closest to the problem. However, local units of
government need the financial resources and tools necessary to
implement this responsibility, and may need to look to the
Metropolitan Council for both its expertise and assistance to
help cities secure funding for implementation.
THE AMM ENCOURAGES THE METROPOLITAN COUNCIL TO ADOPT A "REVIEW AND
COMMENT" ADVISORY POSTURE CONCERNING WATER RESOURCE PLANNING AND
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MANAGEMENT FOR THE METROPOLITAN AREA, RATHER THAN ADOPT IT AS
ANOTHER SYSTEM. THE COUNCIL'S INVOLVEMENT CAN HELP ASSURE THAT
CITIES ARE PREPARING WATER SUPPLY PLANS THAT ARE ADVANTAGEOUS FOR
THE ENTIRE REGION YET SENSITIVE TO THE INDIVIDUAL CITIES.
THE AMM SUPPORTS NECESSARY CHANGES IN STATE LAW THAT WOULD REQUIRE
A WATER SUPPLY PLAN AS AN ELEMENT OF A CITY'S COMPREHENSIVE PLAN.
III AMM SUPPORTS THE DEVELOPMENT OF A COMPREHENSIVE REGIONAL PLAN
BY THE METROPOLITAN COUNCIL WHICH CITIES WOULD USE AS A GUIDE WHEN
DEVELOPING THEIR WATER SUPPLY PLANS. THE CITY WATER SUPPLY PLAN
PORTION OF THE COMPREHENSIVE PLAN WOULD INCLUDE THE FOLLOWING
ELEMENTS: 1. DESCRIPTION OF EXISTING/NEW SYSTEMS; 2. OBJECTIVES,
POLICIES AND STANDARDS; 3. CONSERVATION AND EMERGENCY WATER SUPPLY
PROGRAMS; 4. PUBLIC EDUCATION; 5. POSSIBILITIES OF JOINT EFFORTS,
AND 6. PROBLEMS AND POSSIBLE SOLUTIONS. THE PLANS WOULD BE
SUBMITTED TO THE METROPOLITAN COUNCIL FOR REVIEW AND COMMENT.
WATER SUPPLY PLANS WOULD BE COMPLETED TWO YEARS AFTER COMPLETION
OF THE COUNCIL'S COMPREHENSIVE REGIONAL PLAN AND LOCAL PLAN
CONTENT GUIDELINES.
Tat. AMM BELIEVES FUNDING FOR THE METROPOLITAN COUNCIL'S REGIONAL
PLAN COULD COME FROM THE COUNCIL'S INTERNAL OPERATING FUNDS OR
THROUGH A DIRECT APPROPRIATION FROM A STATE SOURCE SUCH AS THE
WATER APPROPRIATION PERMIT FEE FUND OR THE ENVIRONMENTAL TRUST
FUND.
THE AMM BELIEVES THAT STATE AGENCIES SHOULD BE SENSITIVE TO LOCAL
AND REGIONAL WATER SUPPLY PLANS WHEN DEVELOPING REGULATIONS THAT
WOULD DIRECTLY OR INDIRECTLY AFFECT WATER SUPPLY FOR THE
METROPOLITAN AREA. THE METROPOLITAN COUNCIL AND CITIES SHOULD
ASSIST STATE AGENCIES AS THEY DEVELOP NEW REGULATIONS.
THE METROPOLITAN COUNCIL SHOULD CONDUCT A STUDY ON POTENTIAL
SUDDEN RELEASES OF NOXIOUS MATERIALS INTO THE MISSISSIPPI RIVER
THAT COULD NEGATIVELY IMPACT THE WATER SUPPLY OF THE METROPOLITAN
AREA. THE STUDY SHOULD IDENTIFY AND LIST THE POTENTIAL SOURCES
(I.E., FACTORIES OR RAILWAY LINES) FOR RELEASING
HAZARDOUS/CONTAMINATING MATERIALS INTO THE RIVER THAT WOULD RENDER
IT AN UNUSABLE WATER SOURCE FOR A TIME.
IV-J 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.
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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.
J-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.
To achieve such a system, all elements of the waste management
hierarchy (reduction, reuse, recycling, composting, incineration,
landfilling) must be utilized. 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 SINCE GOVERNMENT IS RESPONSIBLE
FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING
INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT
GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE."
-THE AMM 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 ELEMENT.
-THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF
REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT.
+THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN
EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE,
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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 nth SALE,
DISTRIBUTION, AND DISPOSAL OF NON -RECYCLABLE, NON -RETURNABLE, AND
NON DEGRADABLE PACKAGING MATERIALS FEES OR DEPOSITS ON THESE
ITEMS SHOULD BE CONSIDERED.
-THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL
INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR
METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE
SAME GOAL OR OBJECTIVE.
-THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF
YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE
STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS
AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT
LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING.
COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN COUNCIL
SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSOTING
FACILITIES AND MUST NOT DELEGATE THIS RESPONSIBILITY TO CITIES
WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY
BE NEEDED IN THE EXISTING OVERIDE PROCESS TO ENABLE COUNTIES TO
SITE THESE TYPES OF FACILIITES.
J-2 HAZARDOUS AND DANGEROUS WASTE MANAGEMENT
The improper disposal of hazardous wastes, through landfilling or
incineration, poses a major risk of water and air pollution. Much
has been done to monitor the generation and proper disposal of
hazardous waste by business and industry, and these efforts should
continue. However, the reduction, control and proper disposal of
household hazardous wastes is a significant concern which needs to
be addressed.
(A.) HOUSEHOLD HAZARDOUS WASTE.
THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION
AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING:
-PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND
CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF
HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING,
PROCESSING, OR DISPOSAL.
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-EDUCATIONAL AND POINT -OF -SALE INFORMATION FOR CONSUMERS NOTIFYING
THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE
IMPORTANCE OF PROPER HANDLING.
-INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT
SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER
HANDLING AND PROCESSING.
-INFORMATION TO CONSUMERS ALERTING THEM TO NON -HAZARDOUS
SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS.
-ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO
PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP
PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO
REDUCE THE AMOUNT PRODUCED.
(B.) COMMERCIAL/INDUSTRIAL HAZARDOUS WASTE.
THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY
MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING 'ri-IE RE -USE, RECOVERY
AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH
CANNOT BE RE -USED OR REPROCESSED MUST BE DISPOSED OF IN AN
ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE
ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS 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 building 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. ELIMINATING
CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL.
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J-3 METROPOLITAN/COUNTY RESPONSIBILITIES.
As noted previously, the cities have the responsibility 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
concerns which precipitated the formation of other regional
commissions.
WHILE NOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE
EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE
GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION.
SUCH COMMISSION SHOULD INCLUDE LOCAL ELECTED OFFICIALS. MORE
ANALYSIS AND STUDY 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 MAJOR
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 THE
PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC.).
-COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES.
J-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 AMM believes
that to date cities, utilizing a variety of collection systems,
-46-
are doing a good job of managing Local Recycling and Waste
Collection.
THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE
MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT
THE SYSTEM OUGHT TO BE FLEXIBILE AND BASED ON PERFORMANCE
STANDARDS AND/OR GOALS RATHER 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.
J-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
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. ALSO THE
TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE
RECOGNIZED.
- AMM BELIEVES THAT IN GENERAL FUNDING FOR THE SOLID WASTE SYSTEM
SHOULD COME FROM THE GENERATORS OF SOLID WASTE THROUGH THE COST OF
DISPOSAL. IN PRACTICAL TERMS, THIS MEANS THAT THE TIP FEE SHOULD
BE THE GENERAL, ALL-PURPOSE VEHICLE FOR FUNDING.
-IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF
'rHE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE
OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES.
- AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL
PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE
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 SHOULD 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.
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J-6 ORGANIZED COLLECTION
Organized collection serves 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.
- THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLLECTION AS A VIABLE
METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR
SOLID WASTE COLLECTION SYSTEMS.
- THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE
AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE
COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR
RESIDENTS.
-THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION
PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE
COLLECTION SYSTEM.
J-7 HOST CITIES AND CLEANUP RESPONSIBILITIES
While solid waste facilities are components of county and regional
solid waste management systems, they must be located in individual
cities. Because the number of facilities is limited, the effects
of hosting these facilities is not equally shared among cities.
Most of these effects are negative - an increased likelihood and
incidence of water, soil, air, and noise pollution; and increased
amount of litter and offensive odors; a greater likelihood of
adverse impacts on values of neighboring properties; a need for
increased maintenance on public streets and highways; and
potential 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 financially viable entities.
Safeguards need to be enacted for host cities for the operations
and clean up responsibilities associated with solid waste
facilities.
The trend within the metropolitan area has been to internalize
present and future costs of solid waste management on current
-48-
generators of solid waste. These costs should include the extra
and adverse financial impacts borne by host communities. Cities
host these regional facilities because of accidents of geography.
Liabilities for these facilities should be shared across the
region.
-THE ARM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH
SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE
CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE
AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES.
-THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A
FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS
INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD
BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH
REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION
NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT
AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE
FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS
FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND.
-THE ARM 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 ARM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD
NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID
WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE
TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY
ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT
RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES.
-THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF
SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES
WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES.
V
TRANSPORTATION
PAGE 50 THROUGH 59
TRANSPORTATION
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 zonstruction 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 and funding expanded to at least pace
inflation plus growth to insure, high quality transporation within
the state and metropolitan region.
THE AMM URGES THE t. EGISLATuEE TO PROVIDE AN ADEQUATE LEVEL OF
FUNDS SO THAT NEEDED STREET AND HIGHWAY MAINTENANCE MAY BE
CONTINUED, NECESSARY NEW STREET L MD r1IG HAY CONSTRUCTION MAY
OCCUR, AND THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH.
V-B METROPOLITAN TRANSIT . YSTE1 GENERAL Y'UNDI7G
Because of the large economically diverse population but rather
compact nature 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, to protect the economic
viability of the area. Without a good transit system, the
Metropolitan Highway system would not just be crowded, it would be
totally inadequate. Many elderly and handicapped persons residing
in the area primarily because of access to unique services would
be almost totally immobile. Due to statutory constraints, there
are no funding resources available for other units of government
to pick up the difference if the programs are allowed to
deteriorate. Therefore, legislative funding of transit programs
through the RTB should be a high priority.
THE AMM REQUESTS THE LEGISLArUEE TO CONSIDER THE METROPOLITAN
TRANSIT PROGRAMS AS HIGH PRIORITY AND FUND THEM SUFFICIENTLY.
FUNDING ALTERNATIVES SHOULD INCLUDE THE STATE GENERAL FUND, MOTOR
VEHICLE EXCISE TAX, THE 'BARE BOX, PROPERTY TAX, AND SERVICE
EFFICIENCIES.
V-C TRANSPORTATION SERVICES FUND.
The 1991 Legislature eliminated transfer of any MVET funds to the
Highway Users Fund for Highway maintenance and construction thus
reversing the 1980 legislative intent to over time dedicate 100%
MVET to Highways (75%) and Transit (25%). A Transportation
Services Fund was created for minimal activities and with minimal
funding.
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If the Legislature can not or will not use MVET for Highway
funding then it should consider the recommendations of the
Transportation Study Board and Minnesota Transportation Alliance
which suggests using MVET to fund statewide transit needs and
related non highway construction activities currently funded from
the Users Fund. These are Dept. of Public Safety, Tourism, River
Parkway, Safety Council and several others which are at best
questionable gas tax expenditures.
THE AMM ENDORSES THE CONCEPT OF REMOVING NON HIGHWAY CONSTRUCTION
AND MAINTENANCE ACTIVITIES FROM THE STATE TRUNK HIGHWAY FUND AND
THE EXPANSION OF A TRANSPORTATION SERVICES FUND FOR THESE
ACTIVITIES AND A TRANSIT FUND FOR MASS TRANSIT BOTH OF WHICH
SHOULD BE FUNDED FROM DEDICATED MVET FUNDS.
V-D TRANSPORTATION (HIGHWAY AND TRANSIT) FUNDING ALTERNATIVES
The need for both Highway and transit funding has been increasing
significantly in the past several years while the resources
dedicated or generally used for these purposes have either not kept
pace or been diverted for other state priorities. The legislature
solved the funding delemma in 1980 but unfortunately did not
implement its solution. Transit needs in the Metropolitan Area
have become critical since in many cases Highway expansion is
physically or financially prohibitive. Capacity expansion can
only be solved by transit alternatives implementation. Funding
should be multi source with growth capability. Therefore, the AMM
believes it is time once again to solve the problem but this time
on a permanent basis.
THE AMM SUPPORTS A COMBINED STRATEGY OF GAS TAX INCREASES TO KEEP
PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A
DEDICATED MVET FOR TRANSIT FUNDING EXPANSION AND HIGHWAY NON
CONSTRUCTION RELATED ACTIVITIES. IF THE LEGISLATURE CANNOT ASSURE
STATUTORY DEDICATION OF THE MVET FUNDS THEN A CONSTITUTIONAL
SOLUTION SHOULD BE IMPLEMENTED.
V-E HIGHWAY AND TRANSIT INTEGRATION
An efficient Transportation System consists of both high quality
roadway and high quality transit opportunities. These two
elements must be considered together from early planning through
implementation especially in high growth Metropolitan areas where
the travel needs tend to glut to excess capacity new or expanded
highways as soon as they are opened for use. The AMM understands
that to some degree this is done in planning and that transit is
considered somewhat when determining funding priorities for
highway construction, however, it is felt that the integration of
highway and transit is minimal and should be significantly
increased.
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THE AMM URGES EXISTING AGENCIES INVOLVED IN MAJOR 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 TRANSIT MODES AND
OPPORTUNITIES, WHEN APPROPRIATE. ONLY WHEN THIS IS ACCOMPLISHED
WILL THE TRANSPORTATION SYSTEM BE TRULY EFFICIENT AND COST
EFFECTIVE.
V-F HIGHWAY JURISDICTIONAL REASSIGNMENT, TURNBACKS, 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 AMM
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 TO ABSORB THE
ADDITIONAL ROADWAY RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES.
THE EXISTING MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON
CONTEMPLATED TURNBACKS.
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
-52-
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 at
one time 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), now 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.
Although, the Federal Regulations no longer require exclusive
local official representation as the MC, they still maintain
local official involvement in the MC and '3C' process. In
addition, the current elected official participation and '3C'
process has worked reasonably well in this Metropolitan Area.
THE AMM SUPPORTS AS A MINIMUM THE CONTINUATION OF THE CURRENT
LOCAL ELECTED OFFICIALS INVOLVEMENT IN THE '3C' PROCESS. IF
MODIFICATION IS CONSIDERED, THE AMM URGES GREATER LOCAL OFFICIAL
INPUT IN THE SELECTION PROCESS OF THE TRANSPORTATION PLANNING
AGENCY.
V-I LARGE TRUCES (TRIPLE TRAILERS)
The trucking industry has recently proposed to the state
legislature to allow truck tractor and trailer combinations of up
to 110 feet on Minnesota State Highways. Due to offtracking of
rear wheels, acceleration distance needs, and time and distance
required for safe passing, current legal lengths are pushing the
limit of safety and physical ability of our interstate and trunk
highway systems. Longer tractor/trailor combinations would only
exacerbate these conditions beyond tolerable limits. To upgrade
the Highway System to accommodate longer units would be very
expensive reducing funding resources for other much needed
critical projects. Once allowed on the interstate and designated
trunk route highways there would undoubtedly by pressure to
provide access to various local areas which would be prohibitive
in cost for local upgrading and unacceptable for safety,
Therefore,
THE AMM RECOGNIZES THAT THERE IS PENDING FEDERAL LEGISLATION
PROHIBITING EXTENSION OF LONG TRUCES INTO ADDITIONAL STATES, BUT
UNTIL PASSAGE, URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR
AND TRAILER COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO
UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTECTION OF
PUBLIC SAFETY.
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 CITY ROADS AND STREETS AS
CURRENTLY PROVIDED BY LAW AND OPPOSES CHANGES TO GRANT GENERAL
SPEED LIMIT CONTROL TO INDIVIDUAL CITIES.
V-K SEAT BELTS
The Legislature passed a no penalty mandatory seat belt usage law
in 1986 and added some modest penalties effective beginning August
1, 1988. Originally, a violator could be stopped and ticketed for
non use of a seat belt. However, when penalties were added, a non
-54-
use ticket could only be issued incidental to being stopped or
detained for another traffic violation. Compliance went from 32%
to 45% when penalties were added. The change to ticketing
incidental to another violation caused a reduction from 98,000
tickets to 80,000 tickets.
THE AMM SUPPORTS A CHANGE IN THE SEAT BELT STATUTES WHICH WOULD
ALLOW ENFORCEMENT AUTHORITIES TO ISSUE CITATIONS FOR SEAT BELT
VIOLATIONS WITHOUT FIRST HAVING TO ENFORCE OTHER TRAFFIC CODE
VIOLATIONS.
V-L REGIONAL TRANSIT SYSTEM
The purpose of a Transportation System is to provide mobility for
people and accessibility to and for economic development and
services. The most effective system will make maximum use of all
transit alternatives and strategies where they are most
appropriate, thus, creating a truly integrated system. Exclusive
reliance on only freeways is imprudent and possibly cost
prohibitive primarily due to social and economic upheaval of
established neighborhoods for right of way acquisition. Transit
improvements are imperative, but even with implementation of
various load increasing strategies, the capacity is finite and
will reach unacceptable saturation limits within the forseeable
future. The AMM supports more coordination and integration of
Transit and Highway planning and implementation.
'iHE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF SHORT AND
LONG HAUL SYSTEMS AND BE INCLUDED IN ALL PLANNING DOCUMENTS AT ALL
LEVELS INCLUDING ENVIRONMENTAL IMPACT STATEMENT STUDIES.
THE LONG HAUL SYSTEM SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND
THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS
APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA
TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS.
THE SHORT HAUL SYSTEM SHOULD INCLUDE A VARIETY OF MODES, INCLUDING
A TAXI SYSTEM, BUSES, PEDESTRIAN AND BICYCLE FACILITIES, AND PARR
AND RIDE FACILITIES, ADEQUATE TO CONNECT THE LONG HAUL SYSTEM AND
REGIONAL CENTERS, MAJOR TRIP GENERATORS AND COMMUNITIES, BOTH
URBAN AND SUBURBAN.
BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE
REGIONAL PARR AND RIDE FACILITIES FOR AUTOMOBILES, MOTORCYCLES AND
BICYCLES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A
REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER
SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARK AND RIDE AND
LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS AND
BICYCLES AND WALKING TO FEED THE PARK AND RIDE FACILITIES
FOR EXPRESS BUSES AND LRT.
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ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT 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 THE 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 ME 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 AMM membership has had
extensive discussion on this issue, and given the reality that a
metro tax will continue to be considered, the AMM offers the
following position:
THE AMM MEMBERSHIP FEELS 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
ACTIVITY OR REDIRECT METRO TARGETED STATE AGENCY FUNDS TO OTHER
REGIONS.
A NEW TAX AND ITS SOURCE, TO THE DEGREE POSSIBLE, SHOULD BE
RELATED TO THE USE.
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A NEW TAX SHOULD BE IMPOSED AS BROADLY AS POSSIBLE AND TO THE
GREATEST EXTENT POSSIBLE ON THE USER OR LARGEST BENEFICIARY OF
THE ACTIVITY FUNDED.
THE TAX OR REVENUE SOURCE SHOULD BE STABLE.
THE FUNDS SHOULD BE DEDICATED TO THE STATED PURPOSE, NOT ACCOUNTED
FOR IN OR THROUGH THE STATE GENERAL FUND, AND SPENT ONLY ON
METROPOLITAN PROJECTS.
THE TAX OR REVENUE SOURCE CHOSEN SHOULD BE ONE THAT WILL NOT
RESTRICT LOCAL GOVERNMENT REVENUE OPTIONS OR IMPACT LOCAL
GOVERNMENT NEEDS FOR FUTURE CRITICAL ACTIVITIES.
N-3 TRANSPORTATION TAX
The AMM does feel that Transportation needs are becoming critical
in the Metropolitan Area and that LRT must be examined within the
context of the total Transportation system. A proposal has been
brought forward by the Regional Transit Board to fund LRT
AMM SUPPORTS THE CONCEPT OF A METROPOLITAN TAX FOR METROPOLITAN
TRANSPORTATION NEEDS, INCLUDING LRT WITH THE FOLLOWING
CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE
EXCISE TAX, SALES TAX, AND PAYROLL TAX SHOULD BE INVESTIGATED;
AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE
CONSIDERED.
V-O AIRPORT POLICY
In 1987, the Minnesota State Legislature adopted the "Dual -Track"
strategy for airport planning. One track focuses on a new airport
option; the other on improvements at the existing airport. The
choice will be made when economic, operational, environmental and
cost benefits studies are completed by 1996. The Metropolitan
Council has identified a search area in Northern Dakota County
within which a major airport could be located. Meanwhile, the
Metropolitan Airport Commission must determine by the end of 1991
a long range plan to ensure capacity at the Minneapolis
St. Paul International Airport. By the end of 1995, the
Metropolitan Airports Commission must also identify a specific
airport site within the search area identified by the Metropolitan
Council. In 1996, both the Metropolitan Council and the
Metropolitan Airports Commission must prepare recommendations on
major airport long-term development for consideration by the
Minnesota State Legislature.
THE AMM RECOMMENDS 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,
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WHETHER CONSIDERING A NEW SITE OR REDEVELOPMENT OF THE EXISTING
SITE, TO THOROUGHLY STUDY THE SOCIETAL AND ECONOMIC IMPACTS OF
BOTH SITES IN THE FOLLOWING AREAS: ENVIRONMENT, SOCIAL, SITE
AREA, GENERAL LAND USE AND COST. THE AMM ALSO ENCOURAGES THE
METROPOLITAN COUNCIL AND THE 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 THE EXISTING MINNEAPOLIS-ST. PAUL AIRPORT
AND/OR RELOCATION OF THE AIRPORT TO A NEW SITE. THE ASSOCIATION
OF METROPOLITAN MUNICIPALITIES ENCOURAGES THE 1992 LEGISLATURE TO
SHORTEN AND EXPEDITE THE PLANNING PROCESS REQUIRED FOR REVIEW OF
POSSIBLE EXPANSION OR RELOCATION OF THE NEW MAJOR AIRPORT, AIRPORT
DEVELOPMENT PLANNING AND ENVIRONMENTAL ANALYSIS.
V-P BIKEWAY GRANTS PROGRAM
Increased support should be provided for innovative and inter
modal transportation programs. Dependency on the automobile
should be lessened. 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.
It is in urban areas that the attractiveness of the bicycle as a
mode of transportation is maximized. 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 -motor users. With the increased awareness of health and
fitness, the environmental benefits and cost effectiveness of
bicycling, more and more Minnesotans are looking for safe and
convenient bicycle transportation opportunities. Local
governments have expressed interest in the bicycle grant program.
IN KEEPING WITH THIS COMMITMENT, THE LEGISLATURE SHOULD RESTORE
FUNDING FOR THE BIKEWAY GRANTS PROGRAM. THE MINNESOTA
COMPREHENSIVE BICYCLE PLAN RECOMMENDS THAT "A GRANT PROGRAM BE
ESTABLISHED AND IMPLEMENTED TO DEVELOP BICYCLE FRIENDLY ZONES IN
URBAN AREAS." THIS PROGRAM WOULD INCLUDE BUT NOT BE LIMITED TO
CONSTRUCTION OF BOTH ON AND OFF ROAD BICYCLE FACILITIES, PUBLIC
EDUCATION, PROMOTION AND MONITORING.
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
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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.
Several issues of regional significance have been identified as
areas of concern by the opt -out systems. (1.) The opt -out
community taxpayers pay twice for capital equipment. The first
payment is made through the debt service levy annually made by the
RTB to acquire vehicles for the MTC. The second payment is made
when each opt out community contracts with a service provider
(presently the MTC), and in doing so, pays both operating and
capital costs. The RTB should take a lead role in eliminating
this inequity and concurrently promote competition between the
public and private sector. (2.) 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. (3.) 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 increased ridership.
THE AMM URGES THE LEGISLATURE TO DIRECT THE RTB TO; (1) DEFINE
AND ESTABLISH A REGIONAL CAPITAL FUNDING PROGRAM THAT ELIMINATES
DOUBLE PAYMENT FOR CAPITAL EQUIPMENT FOR OPT OUT AND SUBURBAN
TRANSIT PROVIDERS, (2) ANNUALLY REVIEW THE REGIONAL FARE
STRUCTURE AND PROVIDE GREATER FLEXIBILITY TO SET FARES
COMMENSURATE WITH SERVICE LEVELS, AND (3) ENCOURAGE THE CONCEPT
OF "OUT -IN" PROVIDING GREATER MUNICIPAL INVOLVEMENT IN TRANSIT
SERVICES.
VI
ENDORSEMENT POLICIES
PAGE 60 THROUGH 67
VI
ENDORSEMENT POLICIES
VI -A TRUTH IN TAXATION (LMC POLICY RS-4)
The League supports improvements in the taxation hearing
notification law designed to make the process more valuable for
property taxpayers and workable for cities and other local units
of government. The first change should be in the title of the
process; `Truth In Taxation' is a misleading title for these
notification and hearing requirements. In addition, the League
believes that all levels of local government (including counties
and school districts); as well as the state government, should be
required to follow similar requirements for public hearings on tax
and budget issues.
1. The title of the requirement should be changed to the
`Taxation Notification Hearing 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 `truthfullness' and accuracy of
the information provided.
2. The requirements for parcel -specific notices should continue
to be required in all counties. Use of notices which provide
the tax on an individual parcel of property is the best means
to show the precise impact of levy and budget decisions.
3. Local governments should be allowed to amend the levy that
they preliminarily propose to the county auditor on September
1. In addition, the process should continue to apply only to
a local unit's property tax levy, not its total budget. Many
cities will have a difficult time realistically assessing
their budget needs to be able to certify a proposed levy and
budget by September 1st., far in advance of the beginning of
the city's budget year. This early date, combined with the
restriction that prevents the city's final levy from exceeding
its preliminary estimate, may work against responsible
budgeting and force cities to overestimate their budget needs
in order to avoid potential revenue shortfalls.
4. 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. Cities must
now find additional funds to finance this state -mandated
process from their tight or shrinking budgets.
5. Since the notices are sent to each property -owner and the
notice must be posted within each apartment building, the
newspaper advertisement requirement should be eliminated.
Citizens are effectively notified of the hearings and proposed
levies through the mailed notice. The costs of publishing
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either a one -quarter or one -eighth page advertisement consume
tax dollars which could be better spent on city services for
taxpayers.
6. The League opposes the use of misleading calculations on
the notices or on the property tax statement.
Statistics such as the weighted average used on the generic
notice for pay 1992 taxes or the homestead credit calculation
on the final property tax statement are deceptive to
taxpayers. The method for calculating the proposed tax
increases and accurate "Homestead Credit" amounts should
reflect as accurately as possible the actual year-to-year
changes occurring in tax bills and state aid amounts.
VI-B CITY FUND BALANCES (LMC POLICY RS-5)
The Legislature should not attempt to control or restrict city
fund balances. These funds are necessary to maintain the fiscal
viability of city governments, to purchase capital goods and
infrastructure, and to maintain high level bond ratings.
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 avoia
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
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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
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
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.
VI-C SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION. (LMC POLICY
RS-6)
THE LEAGUE OPPOSES FORCING LOCAL GOVERNMENTS TO PAY THE SIX
PERCENT SALES AND MOTOR VEHICLE EXCISE TAX ON THEIR PURCHASES.
Forcing local governments to pay the state sales tax means one
level of government is taxing another. This increased sales tax
will directly result in increased local property taxes.
In 1987, the governor proposed extending the six percent sales and
motor vehicle excise tax to purchases made by cities and other
local government units. While rejecting the sales tax proposal,
the Legislature did accept the motor vehicle excise tax plan,
effective with city purchases of vehicles made after May 31,
1987. This excise tax, however, does not apply to public safety
vehicles.
VI-D STATE ADMINISTRATIVE COSTS. (LMC POLICY RS-7)
THE LEAGUE STRONGLY OPPOSES DEDUCTING STATE ADMINISTRATIVE COSTS
FROM FUNDS APPROPRIATED FOR PROPERTY TAX RELIEF. IN ADDITION, IF
A STATE AGENCY IS REQUIRED TO RECOVER COSTS THROUGH A STATE
CHARGE -BACK FOR SERVICES TO LOCAL UNITS, THEN DURING
ADMINISTRATIVE HEARINGS THE STATE SHOULD BE REQUIRED TO JUSTIFY
THEIR CHARGES ON THE BASIS OF THE SERVICES PROVIDED TO THE
INDIVIDUAL LOCAL UNITS.
All state government costs should be subject to the standard
appropriation review process and be funded directly by specific
state appropriation, not by a broad deduction from property tax
relief programs. While decisions on the necessary staffing and
funding levels for state agencies are made by the appropriations
committees, tax policy decisions should be handled by the tax
committees.
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When state administrative costs are financed through the local
government aid (LGA) appropriation, funds available for property
tax relief are reduced, defeating the purpose of LGA. In 1990,
such state costs included the unprecedented large sum of $460,000
to fund the state auditor's office and certain department of
administration functions related to local government. In the case
of the state auditor's office, earmarked deductions from LGA are
being used to finance over 40 percent of the auditor's
state -appropriated budget, an inappropriate action in the League's
opinion.
Furthermore, LGA funds are being used to finance auditor and
department of administration operations which do not relate to
cities, but to all local governments --counties, school districts,
and townships. The LGA program is largely designed for and used
by cities. Other state programs --county income disparity aids,
school aids --largely benefit other units of local government. the
League believes it is wholly inappropriate and unfair to almost
exclusively tap city funds for programs which relate to all units
of local government.
In order to promote a cohesive and coordinated state tax policy
and provide for adequate review of proposed state agency costs, it
is recommended that no state agency's administrative costs be
deducted from property tax relief funds. This will allow the tax
committees to fully determine the level of property tax relief to
be provided.
VI-E COMPARABLE WORTH. (LMC POLICY GLP-2)
THE LEAGUE SUPPORTS EFFORTS TO ELIMINATE ANY SEX -BASED DIFFERENCES
IN COMPENSATION OF PUBLIC EMPLOYEES AND ASKS THE LEGISLATURE TO
REFRAIN FROM FURTHER AMENDING CURRENT LAW UNTIL THE LEGISLATURE
EVALUATES IMPLEMENTATION REPORTS IN 1992.
THE LEAGUE SUPPORTS PROVIDING FINANCIAL ASSISTANCE TO CITIES IN
THE FORM OF A SPECIAL LEVY OR PERMANENT LEVY BASE ADJUSTMENT FOR
EQUITY ADJUSTMENTS OR A LIMIT ON THE AMOUNT OF EQUITY ADJUSTMENTS
WHICH A LOCAL GOVERNMENT MUST MARE IN ANY YEAR. Following a
review of implementation reports, the legislature should exempt
from the law those employers for which a job evaluation system
proves unworkable, such as those with too few employees or too
many single incumbent job positions.
The 1990 legislature enacted significant amendments to the state's
comparable worth legislation. Many local governments will incur
substantial costs in adjusting their implementation programs. As
a result of the changes, some cities may not finish implementation
by the December 1991 deadline. Further changes only months prior
to the deadline would be irresponsible. Following the deadline,
the legislature should evaluate the implementation reports and
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consider options for providing financial assistance to those
jurisdictions still deemed out of compliance with legislative
goals.
VI-F LIQUOR ISSUES. (LMC POLICY GLP-6)
THE LEAGUE OPPOSES THE ESTABLISHMENT OF ONE CLASS OF BEER AND THE
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, drug stores, and elsewhere where 3.2
beer is sold. Also, with regard to a proposal for only one class
of beer in Minnesota, current 3.2 on -sale establishments could be
selling strong beer without the supervision and controls imposed
upon on -sale liquor establishments and municipal liquor stores, or
would be forced to meet most if not all the restrictions on
intoxicating liquor establishments.
Cities should be fully authorized to establish hours of sale and
be expressly authorized to establish differing license fees for
establishments having different hours of operations.
VI-G WARRANTS TO TOW VEHICLES (MINNEAPOLIS POLICY)
State statute currently requires that a vehicle have a minimum of
five warrants before it can be towed and held until full payment
of warrants is made.
Lowering the number of warrants required to tow to three would
discourage people from ignoring their tags.
THE AMM ENDORSES LEGISLATION WHICH WOULD LOWER THE NUMBER OF
WARRANTS REQUIRED TO TOW A VEHICLE FROM FIVE TO THREE
VI-H ECONOMIC DEVELOPMENT AUTHORITIES (LMC POLICY DS-2)
THE LEAGUE SUPPORTS LEGISLATION WHICH WOULD PROVIDE CITY ECONOMIC
DEVELOPMENT AUTHORITIES WITH THE SAME POWER AND AUTHORITY AS
CERTAIN CITIES HAVE RECEIVED IN SPECIAL PORT AUTHORITY ACTS.
The League believes that it is unfair and unreasonable to grant
greater authority and power to some cities in the economic
development field and requests the following changes:
1. Authorize all cities to designate economic development areas
anywhere within their jurisdiction, not as present law
provides which requires that economic development areas be
contiguous and meet the tax increment finance (TIF)
redevelopment/blighted area test;
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2. Authorize the issuance of debt with respect to project
activities within economic development districts without a
referendum;
3. Authorize the economic development authority to build
buildings or structures on land the authority owns; and
4. Allow cities to choose the number of council representatives
that will be members of the board of an economic development
authority. Presently, the minimum number of council
representatives is in state statutes.
VI -I MUNICIPAL SERVICE DISTRICTS (LMC POLICY DS-7)
THE LEAGUE SUPPORTS LEGISLATION ALLOWING CITIES TO CREATE
MUNICIPAL SERVICE DISTRICTS. CITIES SHOULD HAVE AUTHORITY TO
FINANCE THE TYPES OF IMPROVEMENTS LISTED IN MS 429.021 (RELATING
TO THE CONSTRUCTION REPLACEMENT, AND MAINTENANCE OF SUCH THINGS AS
STREETS, SIDEWALKS, GUTTERS, STORM AND SANITARY SEWERS, WATERWORKS
SYSTEMS, STREET LIGHTS, AND PUBLIC MALLS, PARKS, OR COURTYARDS).
BOTH SERVICE CHARGES AND AD VALOREM PROPERTY TAXES SHOULD BE
AVAILABLE TO FINANCE SERVICES OR CAPITAL IMPROVEMENTS IN THE
DISTRICT.
Court decisions concerning special assessments have made it even
more difficult for cities to use special assessments to finance
public services and improvements. The Minnesota Supreme Court has
interpreted the Minnesota Constitution to require not only that a
special assessment project "specially benefit" affected parcels or
property, but also that the city be able to prove that the market
value of a property will increase in direct relation to the amount
of the special assessment applied to that property.
This interpretation has created particular problems for several
important city functions. First, it is more difficult to assess
all (or even part) of a capital improvement project to repair or
replace, as opposed to newly built improvements. This hinders
cities from meeting the widely recognized need for maintenance of
the existing public infrastructure.
Second, cities' abilities to finance annual operating and
maintenance costs of some services to property through the use of
special service charges is either unclear or non-existent under
current law.
The only current financing alternative to special assessments or
service charges is the general property tax. But it may not be
desirable to use the general property tax to finance some capital
or operating expenses. For example, if a road is used almost
exclusively by people living in one corner of a city, it is bad
public policy to require the cost of replacing that road be borne
-65-
by all the property in the city. This is especially true if the
property in the rest of the city has already been assessed for
similar improvements.
Or, if the central business or mall of a city benefits from more
frequent snowplowing or street cleaning, better lighting, etc., it
may not be good policy to have all the city taxpayers share in
those expenses.
VI-J TOLLWAY AUTHORIZATION. (LMC POLICY LUEET-3.4)
THE LEAGUE SUPPORTS OPPORTUNITIES FOR ALTERNATIVE FINANCING FOR
LOCAL TRANSPORTATION NEEDS INCLUDING THE OPTION OF LOCAL AUTHORITY
FOR TOLL FACILITIES. Cities should be given the flexibility
necessary to finance future needs through public, private, or joint
agreements.
VI-K ROAD ACCESS CHARGE. (LMC POLICY LUEET-3.7)
THE LEGISLATURE SHOULD AUTHORIZE CITIES TO ESTABLISH, AT THEIR
OPTION, ROAD ACCESS CHARGES FOR NEW RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL DEVELOPMENT. Growing communities are finding it
increasingly difficult to finance construction of facilities
needed for new residential, commercial, and industrial
development. Assessments on developing property for sewers and
streets which directly benefit the property are the most common
available legal option.
Often, however, there are major streets leading to new
development that need to be constructed. Under current law, only
the abutting benefitted property can be specially assessed, and
then only for the degree of benefit. This is generally inadequate
to pay for the roadway upgrades which are necessary to serve
larger populations. Cities should be allowed to levy such charges
on an area or per lot basis at the time subdivisions are approved,
(similar to park dedication fees), or on existing open lots when a
building permit is issued. For other services, the Legislature
has recognized similar problems and authorized charges to provide
facilities which do not directly abut the affected property. Two
such instances are park dedication fees and sewer availability
charges.
VI-L MSA MILEAGE LIMIT (LMC POLICY LUEET-8.1)
In order to more adequately represent the current eligible miles
of city streets, the League supports raising the municipal state
aid system (M.S.A.S.) limit to 3,000 miles.
Existing law limits M.S.A.S. mileage to 2,500; total mileage
currently in the system is approximately 2,300. This mileage
increase for the system is necessary to accommodate cities
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reaching the eligible 5,000 population threshold and mileage being
added by currently eligible cities.
VI-M OPPOSE MARKET VALUE REFERENDA (LMC POLICY RS-1.8)
The League supports repeal of the 1991 tax law which requires
that all municipal referendum levies be applied to the "estimated
market value" of all affected properties.
This law makes an inappropriate distinction between capital
expenditures and operating expenditures. Both are components of
total city spending and should impact taxpayers comparably. In
addition, if the Legislature wants tax burdens adjusted, changes
should be made in the classification system, rather than through
the tax base. Inconsistent taxing systems are not justifiable to
the local taxpayers.
REPORT/RECOMMENDATION
To:
From:
Date:
MAYOR AND COUNCIL
KEN ROSLAND, MANAGER
OCTOBER 17, 1991
Subject: REQUEST FROM FAIRVIEW
SOUTHDALE HOSPITAL TO SET
HEARING DATE FOR
REFUNDING BONDS
Agenda Item #
Consent
Information Only
Mgr . Recommends
To HRA
To Council
Action i-- Motion
i Resolution
Ordinance
Discussion
Recommendation:
info/Background:
Fairview Southdale Hospital has asked that the Council adopt a resolution
setting November 18, 1991 as hearing date on a proposal that the City of
Minneapolis issue revenue bonds to refund 1985 bonds for the hospital.
Representatives of Fairview Southdale Hospital will be at Monday night's
meeting to present their request.
RESOLUTION RELATING TO ISSUANCE OF
REFUNDING BONDS OF THE CITY OF MINNEAPOLIS
ON BEHALF OF FAIRVIEW HOSPITAL AND
HEALTHCARE SERVICES UNDER THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT;
CALLING FOR A PUBLIC HEARING THEREON
BE IT RESOLVED by the City Council of the City of Edina, Minnesota
(the City), as follows:
SECTION 1
Recitals
1.1. The City has been advised by representatives of Fairview Hospital
and Healthcare Services (Fairview), that in 1981 the City of Minneapolis, Minnesota
(Minneapolis), issued revenue bonds (the 1981 Bonds) under Minnesota Statutes,
Sections 469.152 to 469.165 (the Act) to finance the construction and improvement of
facilities of Fairview and the acquisition and installation of items of equipment
therein, and that in 1985 the Minneapolis Community Development Agency issued
revenue bonds (the 1985 Bonds) under the Act to refund the 1981 Bonds. A portion
of the facilities financed with the 1981 Bonds consisted of improvements to facilities
of Fairview located in the City. Fairview has advised the City that it has requested
Minneapolis to issue revenue bonds under the Act to refund the 1985 Bonds (the
Minneapolis Refunding Bonds).
SECTION 2
Public Hearing
2.1. Section 147(f) of the Internal Revenue Code of 1986, as amended
and regulations promulgated thereunder, requires that prior to the issuance by
Minneapolis of the Minneapolis Refunding Bonds, this Council approve the
issuance of the Minneapolis Refunding Bonds, after conducting a public hearing
thereon. A public hearing on the proposal to undertake and finance the Project is
hereby called and shall be held on November 18, 1991, at 7:00 o'clock P.M., at the City
Hall.
2.2. The City Clerk shall cause notice of the public hearing to be
published in the Edina Sun Current once not less than fourteen (14) days prior to
the date fixed for the public hearing. The notice to be published shall be in
substantially the following form:
NOTICE OF PUBLIC HEARING ON THE PROPOSED
ISSUANCE OF REFUNDING BONDS UNDER
MINNESOTA STATUTES, SECTIONS 469.152-469.165
CITY OF EDINA, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina,
Minnesota (the "City"), will meet on November 18, 1991, at 7:00 o'clock P.M., at the
City Hall, 4801 West 50th Street, in Edina, Minnesota, for the purpose of conducting
a public hearing on a proposal that the City of Minneapolis, Minnesota (the "City of
Minneapolis") issue revenue bonds, in one or more series (the "Refunding Bonds"),
under Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), in order to
refund bonds issued under the Act by the Minneapolis Community Development
Agency in 1985 (the "1985 Bonds"). The 1985 Bonds were issued to refund bonds
issued under the Act by the City of Minneapolis in 1981 (the "1981 Bonds"), to
finance the construction and improvement of facilities of Fairview Hospital and
Healthcare Services, a Minnesota nonprofit corporation ("Fairview") and the
acquisition and installation of items of equipment therein, located in the City and in
the City of Minneapolis. The owner of the facilities is Fairview. The facilities
financed with the proceeds of the 1981 Bonds that are located in the City of Edina,
are located at Fairview Southdale Hospital, 6401 France Avenue South, and consist
of a parking structure and the remodeling of a portion of the Hospital. The
maximum aggregate principal amount of the proposed Refunding Bonds is
$23,985,000.
All persons interested may appear and be heard at the time and place
set forth above, or may file written comments with the City Clerk prior to the date of
the hearing set forth above.
Dated: October _.,,.,1991.
-2-
BY ORDER OF THE CITY COUNCIL
By /Marcella Daehn
City Clerk
(OFFICIAL PUBLICATION)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON THE PROPOSED
ISSUANCE OF REFUNDING BONDS UNDER
MINNESOTA STATUTES, SECTIONS 469.152-469.165
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota
(the "City"), will meet on November 18, 1991, at 7:00 o'clock P.M., at the
City Hall, 4801 West 50th Street, in Edina, Minnesota, for the purpose of
conducting a public hearing on a proposal that the City of Minneapolis,
Minnesota (the "City of Minneapolis"), issue revenue bonds, in one or more
series (the "Refunding Bonds"), under Minnesota Statutes, Sections 469.152
through 469.165 (the "Act"), in order to refund bonds issued under the Act by
the Minneapolis Community Development Agency in 1985 (the "1985 Bonds"). The
1985 Bonds were issued to refund bonds issued under the Act by the City of
Minneapolis in 1981 (the "1981 Bonds"), to finance the construction and
improvement of facilities of Fairview Hospital and Healthcare Services, a
Minnesota nonprofit corporation ("Fairview"), and the acquisition and
installation of items of equipment therein, located in the City and in the
City of Minneapolis. The owner of the facilities is Fairview. The facilities
financed with the proceeds of the 1981 Bonds that are located in the City of
Edina, are located at Fairview Southdale Hospital, 6401 France Avenue South,
and consist of a parking structure and the remodeling of a portion of the
Hospital. The maximum aggregate principal amount of the proposed Refunding
Bonds is $23,985,000. The proposed Refunding Bonds will not be issued by the
City.
All persons interested may appear and be heard at the time and place set forth
above, or may file written comments with the City Clerk prior to the date of
the hearing set forth above.
Dated: October 21, 1991.
BY ORDER OF THE CITY COUNCIL.
Marcella M. Daehn
City Clerk
Publish in the Edina Sun -Current on October 30, 1991
Send two Affidavits of Publication
Fairview
Southdale Hospital
A Division of Fairview
October 16, 1991
6401 France Avenue South Mark M. Enger
Edina, MN 55435-2199 Vice President and
612-924-5000 Administrator
FAX 612-924-5012
Mr. Kenneth E. Rosland
City Manager
City of Edina
4801 West 50th Street
Minneapolis, Minnesota 55424
Dear Mr. Rosland:
AGENDA ITEM IX.A.
In 1981, the City of Minneapolis issued tax-exempt revenue bonds in the
principal amount of $20,000,000 to finance facilities of Fairview
Hospital and Healthcare Services. The facilities financed with the
bonds were primarily located in Minneapolis, but approximately
$1,000,000 of the proceeds of the bonds were used to finance
improvements to Fairview Southdale Hospital consisting of the
construction of the parking structure (approximately $700,000) and
remodeling the Hospital (approximately $300,000).
In 1985, the City of Minneapolis advance refunded the 1981 bonds at the
request of Fairview in order to achieve debt service savings resulting
from the decline in interest rates from 1981 to 1985. Interest rates
have now declined further and it is advantageous for Fairview to refund
the 1985 bonds. The Minneapolis City Council is scheduled to consider a
resolution giving preliminary approval to the issuance by the City of
Minneapolis of refunding bonds to refund the 1985 bonds on October 25th,
and Fairview is hoping to sell the refunding bonds in late November.
Dorsey & Whitney is acting as bond counsel in connection with the
refunding bonds. Fairview has been advised by Dorsey & Whitney that
under federal tax law the City of Minneapolis may not issue the portion
of the refunding bonds allocated to the facilities located in Edina,
unless the Edina City Council approves the issuance of the refunding
bonds by Minneapolis after it has held a public hearing on the proposed
issuance. This is a requirement that was imposed by the Tax Reform Act
of 1986 and did not apply at the time of the issuance of the 1981 bonds
or 1985 refunding bonds.
If possible, Fairview would like to have the Edina City Council consider
a resolution calling for a public hearing on November 18th on the
proposed refunding at its meeting on October 21. Following the public
hearing the Council would be requested to consider a resolution
Page 2
Mr. Kenneth E. Rosland
October 16, 1991
approving the issuance of the refunding bonds. Representatives fram
Fairview will attend the meeting on October 21st to answer any questions
the City Council may have concerning this proposal. Fairview will pay
all expenses of the City of Edina in connection with this matter.
Thank you for your assistance on this matter. Should you have
any questions, please give me a call.
Sincerely,
Mark M. Enger
Vice President and Administrator
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