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1978-06-05_COUNCIL MEETING
AGENDA EDINA CITY COUNCIL REGULAR MEETING JUNE 5, 1978. 7:00 P.M. ROLLCALL I. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Plats, Flood Plain Permits, Appeals from Administrative or Board of Appeals and Adjustments Decisions and Plan Amendments require action by Resolution. 3/5 favorable rollcall vote to pass. A. Roger Findell - Generally located West of Cahill Road and North and South of Amundson Avenue extended 1. Ordinance No. 811 -A96 - R -1 and R -3 Residential District.to PRD -3 Residential District - Second Reading - Z -77 -8 - Continued from 5/15/78 B. Planned Industrial District Ordinance Amendment 1.. Allowing Dance.Halls in PID - First Reading - Continued from 5/15/78 C. Woodbury Park Second Addition - Generally located east 'of France Avenue and south of W. 55th Street 1. Second Reading A. Ordinance No. 811 -A105 - R -1 Single Family Dwelling District to R -2 Two Family District - Z -77 -15 (5/31/78) B. Final Plat Approval - S -77 -15 (5/31/78) D. Lot Divisions 1. Lot 10, except E. 42 feet, Richmond Hills 3rd Addition - 5228/5232 W. 56th Street - LD -78 -3 (5/31/78) 2. Lot 2, Block 4, McCauley Heights 3rd Addition - 6444 Margaret's Lane and 6808 Indian Hills Road - LD -78 -4 (5/31/78) 3. Lots 1, 2, 3, Block 6, Edina Interchange Center - Generally located east of Metro Boulevard, west of Highway 100, south of W. 74th Street and north of Edina Industrial Boulevard - LD -78 -5 (5/31/78) E. Set Hearing Dates 1. Rezonings a. Madsen Property - R -1 Single Family District to Planned Residential District PRD -3 - Generally located north of Dewey Hill Road and north of William Wardwell Lewis Park and West of Cahill Road,. Z -78 -1 (5/31/78) 2.. Subdivisions a. Victorsen's Timbers. Generally located at the southwest corner of the Crosstown Highway and Gleason Road II. SPECIAL CONCERNS OF RESIDENTS June 5, 1978, Agenda Page Two III. RECOMMENDATIONS AND REPORTS A. The Edina Foundation - Selection of Board Member B. December 31, 1977, City of Edina Audit Report C. MHFA Housing Rehabilitation Grant Fund Application D. Levy Limitations E. Improvement Feasibility Reports - (1978 -3) 1. Townes Road - Bituminous Street Overlay & Concrete Curb and Gutter Replacement 2. Concord Avenue - 58th to 60th Street - Concrete Curb & Gutter 3. Gallagher and Parklawn - Concrete Sidewalk 4. Valley View Road to W. 66th Street - Concrete Sidewalk F. Special Concerns of Mayor and Council G. Post Agenda and Manager's Miscellaneous Items 1. Reforestation 2. Semaphores 3. Dog Ordinance - Park Board Recommendation 4. Proposed Policy Statements & Legislative Program 1978 -80 IV. AWARD OF BIDS Tabulations and Recommendations by City Manager. Action of Council by Motion. A. Public Improvements BA -204A and St. S -145A (Morningside Area) B. Replace and Repair Water Pipes at Edina Pool and Bath House C. Resurfacing of One Doubles Tennis Court- Weber Park D. Pick -up Truck E. 6" Watermain Gate Valves F. Chain Link Fence - Contract 4677 -12 G. Grading - Lake Edina Park H. Threading Machine with Automatic Chuck V. COMMUNICATIONS A. Petitions 1. Townes Road - Curb and Street Surfacing B. Fountainwood Apartments - Release of Easement - Set hearing date VI. FINANCE A. Budget Calendar B. Liquor Fund as of 3/31/78 and 4/30/78 for payment .C. Claims paid. Motion of , seconded by P Ym of the following claims as per Pre -List 461: General Fund, $117,186.36; Park Fund, $1,467.75; Edina Art Center, $97.86; Park Construction, $_225.00; Golf Course, $2,125.49; Recreation Center, $24.79; Gun Range, $339,0$12.54; Water Fund, $1,012.94; Liquor Fund, and for payment of pre -list 462: General Fund, $157,964.72; Park Fund, $5,556.14; Art Center, $5,807.83; Park Construction, $10,227.60; Swimming Pool, $311.77; Golf Course, $13,687.95; Arena, $2,007.64; Gun Range, $106.00; Water Works, $17,794.45; Sewer Fund, $3,474.76; Liquor Fund, $4,267.76; Construction, $1,074.04; Total, $222,280.36 RF.SnT.TTTTnN WHEREAS, Lot 2, Block 4, McCauley Heights 3rd Addition, is at present a single tract of land; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: All that part of Lot 2, Block 4, McCauley Heights 3rd Addition, which lies Easterly of the following described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100.13 feet to the actual point of beginning of the line to be described; thence at a right angle Northerly 57.63 feet; thence at a right angle Westerly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating; and Lot 2, Block 4, McCauley Heights 3rd Addition, except all that part of said lot which lies Easterly of the following described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100.13 feet to the actual point of beginning of the line to be described; thence at a right angle Northerly 57.63 feet; thence at a right angle Westerly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and 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 purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811, and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further 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. Adopted this 5th day of June, 1978. 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 foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of June 5, 1978, and as recorded in the Minutes thereof. WITNESS my hand and seal of said City this 5th day of July, 1978. City Clerk RF.SCI UTTOW WHEREAS, Lots 1, 2 and 3, Block 6, Edina Interchange Center, are at present single tracts of land; and WHEREAS, the owner has requested the combination of said tracts into separate parcels (herein called "Parcels ") described as follows: All that part of Lots 1, 2 and 3, Block 6, Edina Interchange Center, accord- ing to the recorded plat thereof, Hennepin County, Minnesota, lying Northerly of a line drawn parallel with and 402.00 feet Northerly of, as measured at right angles to, the Southerly line of Lot 3, said Block 6, subject to State Trunk Highway No. 100; and All that part of Lots 1, 2 and 3, Block 6, Edina Interchange Center, except that part lying Northerly of a line drawn parallel with and 402.00 feet Northerly of, as measured at right angles, to, the Southerly line of Lot 3, Block 6, subject to State Trunk Highway No. 100; and 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. 801 and 811. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is here- by approved and the requirements and provisions of Ordinance No. 801 and Ordin- ance No. 811 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. Adopted this 5th day of June, 1978. 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 foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of June 5, 1978, and as recorded in the Minutes thereof. WITNESS my hand and seal of said City this 5th day of July, 1978. City Clerk RF5Z0T.TTTT0W WHEREAS, Lots 9, 10 and 11, Richmond Hills 3rd Addition are at present single tracks of land; and WHEREAS, the owners have requested the combination of said tracks into separate parcels (herein called "Parcels ") described as follows: Lot 9, except the Easterly 42 feet thereof and all of Lot 10 except the Westerly 18 feet, front and rear thereof, Richmond Hills 3rd Addition; and Lot 11 and the Westerly 18 feet of Lot 10, front and rear thereof, Richmond Hills 3rd Addition; and 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. 801 and 811; NOW, THEREFORE, BE IT 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. 801 and Ordinance No. 811 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 pro- vision 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. Adopted this 5th day of June, 1978. 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 foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of June 5, 1978, and as recorded in the Minutes thereof. WITNESS my hand and seal of said City this 5th day of July, 1978. City Clerk Proposed Policy Statements and Legislative Program 1978-80 For distribution to all member officials These proposed policies are being mailed to all city clerks and administrators, for distribution to all officials. Each mayor will also receive a copy. Additional copies are available from the League office. Member officials are urged to review the proposals on the following pages, which were developed by-the study committees. Also, each policy has been designated A, B, or C priority. The policies will be discussed in work- shops the morning of Thursday, June 8, immediately preceding the Legislative Conference. However, if you have questions or comments before then, please don't hesitate to contact the committee chairs, vice chairs or League staff. Final review and approval will take place at the Legis- lative Conference during the Annual Conference on Thursday, June 8 at the Radisson Hotel Downtown, Minneapolis. League of Minnesota Cities Foreword One of the most important purposes of the League is to serve as a vehicle through which municipal officials throughout the state can define their mut- ual problems and develop positive policies and pro- posals for their solution. To accomplish this purpose a three -step consulta- tive process has been established providing for the study of issues by committees of municipal offi- cials, the review of the resulting recommendations by the Legislative Committee composed of the Board of Directors and the study committee chair- persons, and final adoption at a biennial legislative conference attended by representatives of all member municipalities. The policy statements and legislative proposals contined herein are the result of this process and are intended to be of a continuing nature, sub- ject to review and amendment every two years. Thus they will provide the League Board of Direc- tors and the staff with a continuing source of guidance when testifying before legislative com- mittees and taking other actions which have legis- lative or policy implications. Priority designation. The priority designation is indicated next to the title of each proposed policy These priorities were developed by the study com- mittees and reviewed and in some cases modified by the Legislative Committee. This is the first year that priority designation has been part of the poli- cy development process. The committees also ranked items within the `A " priority categories. The priorities are intended to give additional guidance to the League Board and staff in imple- menting the League's legislative program. "A " priority indicates a major issue, one where the League would introduce legislation or would work actively with other groups to seek new laws and regulations. `B " priority indicates items that are important to cities but where the League would probably spend substantially less time unless the legislature or other groups mounted a major effort to which we had to respond. While the League might initiate legislation on `B" priority items, these would be relatively non - controversial items, or those where most of the research has already been completed. "C" priority indicates items where the League would respond only when the issue is raised by other groups. 1977 -1979 Committee Chairs and Vice Chairs Development Strategies George Latimer, Mayor, St. Paul, Chair Vaughn Thorfinson, Mayor, Red Lake Falls, Vice Chair Government Structure and General Legislation William Jokela, Mayor Sandstone, Chair Helen Schendel, City Clerk, Milaca, Vice Chair Land Use and the Environment Marianne Curry,Council Member, Lakeville,Chair Jon Elam, Administrator, Walnut Grove, Vice Chair Personnel, Pensions, and Labor Relations Robert Larson, Mayor, Faribault, Chair John Fischbach, City Manager, Robbinsdale, Vice Chair Public Health and Safety Richard Wedell, Mayor, Shoreview, Chair Mary Page, Mayor, Olivia, Vice Chair Revenue Sources Richard Asleson; City Administrator, Apple Valley, Chair I. GENERAL LEGISLATION Preamble Although the great majority of Minnesotans have chosen to live in cities, there is a wide di- versity in the size and the range of services pro- vided by the cities themselves. While a number of cities, are major population centers, more than 60 per cent have less than 1,000 population. Furthermore, while more than 100 cities have chosen to operate under local home rule charters which permit voters to develop and adopt a govern- mental structure to accommodate local needs, other cities operate under the city code which gives cities structural and operational flexibility within broadly defined limits. Finally, cities as general purpose units of local government have demonstrated their ability to develop and to im- plement policies and services that respond to their own constituencies. There is a wide variation among cities in types of programs and levels of service, and city services are typically those in which local policies are expected to be controll- ing, such as community development, police, fire, street, park and recreation services, in con- trast to educational and welfare programs where the state's interest is more clearly manifest. Consequently, when new state programs that directly affect cities or city services are considered, the League urges that the following guidelines be used: 1. The state should consider the diversity of cities in services, size and programs. 2. There should be no incursion into the regulatory or licensing power of cities. 3. Mandated programs should carry a clear identification of compelling statewide in- terest and the cost should be borne by the state. 4. Laws should maximize the opportunity for the responsible exercise of authority at the local level. The League further urges the adoption of the following proposals, which would increase the effectiveness of local government. 1 -I. Tort Liability (A) In view of the escalating costs of providing in- surance coverage to cities; an affirmative effort to minimize changes in the current governmentai tort liability law applicable to cities seems essential. Therefore, the League suggests that the legislature recognize that cities are diverse and that any law governing tort liabilities of cities accommodate that diversity by permitting maximum discretion to local governing bodies to determine policies as to payment of claims and procedures by which those claims would be paid. In the event that the legislature determines that change in the existing law is absolutely required, that change should only be in the direction of mak- ing the local government Tort Liability Statute more similar to the State Governmental Tort Lia- bility Law. . 1 -2. Adjusting Dollar Amounts in City Statutes by a Constant Dollar Index (A) Inflation has had an effect upon cities beyond a mere exertion of upward thrust on budgets and expenditures. The legislature has quite consistently included within authorizing and enabling legisla- tion, limitations expressed in dollars. These dollar limitations, while quite appropriate at the time of enactment, become progressively more constric- ting with advancing inflation. Therefore, the League recommends that certain of the more im- portant and often used authorizing statutes con- taining dollar limitations be modified by applica- tion of a constant dollar index figure calculated from the year of enactment, to the limitation set out in the act. The modification should, be made so that when statutes 'relating to other sta- tutes are modified, the dollar limitations are ad- justed in a uniform manner. 1 -3. Open Meetings (A) City officials strongly support the basic pre- mise of the open meetings law - to assure the public's right to be informed about the conduct of the public business. Experience with this law since 1974, however, indicates clearly that there are areas where the legislature should make it more specific or should amend the law in the public interest. First, the law should specifically state that it applies only to meetings where a quorum of the body is present, clarifying the present restrictive interpretation. We also believe that there are certain specific instances where the public interest would be better served by permitting a local governing body to meet in executive or closed session. These instances include discussion of labor negotiation strategy, certain discussions relating to employees, and discussions regarding the purchase of land for a public purpose. In order to safeguard the public's right to know in these instances, the local govern- ing body would make the decision to hold a closed session via two - thirds vote, and a record of the meeting would be made for later disclosure when information is no longer sensitive. 14. Legal Notice Publication System (A) The expense of publishing financial statements, the entire text of ordinances and other information far exceeds the necessity to inform the public of these details of city administration. The League suggests that the legislature study the entire sub- ject of publication in legal newspapers and that the laws be rewritten to require publication of summary information consistent with the pub- lic's need to know. 1 -5. Petitions for State Audit of Municipal Records (B) City officials as a group agree that the proce- dures permitting citizens to petition for a state audit of municipal records is a .safeguard which should be continued, although it is the normal practice of cities to have books audited annually by a recognized accounting firm. However, under present procedures, the petition process can be abused because of the relatively small number of freeholders (who need not be residents) required for the petition. To remedy this problem and still keep the process available, we recommend that the law be amended so that signatures of a number of voters equal to 20 per cent of those voting in the last presidential election are required for the peti- tion, and so that the city as well as the lead peti- tioner is notified when the petition is certified. Eligible petitioners must be registered voters of the municipalities. 1 -6. Special Elections (B) Now that statutory cities have uniform terms of office for elective officials, we suggest that vacancies in elective office should be filled by election at the next regular city or general election date consistent with filing and absentee ballot requirements. Candidates to fill a council vacan- cy should be so identified on the ballot. However, city councils should retain the authority to fill the vacancy by appointment until the election is held and the successor qualifies. 2 1 -7. Dilapidated Building Law (B) The League- sponsored law providing a proce- dure for the repair or removal of hazardous build- ings and the filling or protection of hazardous building excavations has been useful to cities in eliminating blight and upgrading neighborhoods, but several minor defects in the law should be eliminated to make it more workable. The League therefore recommends the following changes in that law, Minnesota Statutes, Section 463.15 - 463.261: Elimination of the inappropriate refer- ences to the assessment procedure of the local improvement code. Reliance should be made instead on the present provision of M.S. 463.22 for the collection of the municipal net expenses for repair or re- moval of a dilapidated building as a special charge after court determination of the amount and upon a new provision for as- sessment after notice and hearing in the case of the filling or protecting of dan- gerous building excavations. 2. Extension of the definition of owner, occupying tenant, and lien holder, now applicable to mailed notice requirements in consent proceedings, to all hazardous building and excavation proceedings. Correction of a citation error in M.S. 463.152, Subd. 1 to link the eminent do- main authority of the act to the hazard- ous building definition and thus carry out the obvious legislative intent. 4. The law should also be simplified where - ever possible. 1 -8 Campaign Financing and Disclosure Law (B) Campaigns and elections to local office are the most important single contact between voters and representative local government. While there has been substantial public concern with campaign financing and ethics on the national and state level, the public has not demonstrated the same anxiety about financing and conduct for city election campaigns. The general public confi- dence probably reflects the fact that city cam- paigns are locally based, largely address purely local issues, are for the most part non - partisan and that the candidates are running for "part- time" offices out of a sense of civic responsibility. We believe that public confidence in local cam- paigns and election conduct is deserved and that no new laws in this area are needed. If the legis- lature believes that new laws are needed, any modifications should encourage, rather than dis- courage, qualified candidates from seeking or continuing in office. Nonetheless, there are steps that can be taken to strengthen local campaign laws, including the following: 1 . Candidates should be encouraged to seek broader backing from among constituents by extending state income tax credits to cover contributions to city election cam- paigns. 2. In view of the fact that most elected city officials are part-time, low paid and serve out of a sense of civic responsibility, it is pro- bable that requiring candidates to file state- ments of economic interest would effective- ly discourage many qualified candidates from seeking or continuing in office, and the League would oppose state - mandated require- ments. 3. The present outdated expenditure limits for city election campaigns should be eli- minated. In cities of less than 20,000 popu- lation, campaign expenditure limits or report- ing requirements are unnecessary because of the local nature of the campaigns and because stringent conflict of interest rules already govern the actions of elected officials in all cities. 4. Cities over 20,000 should have the authority to establish limits for total campaign expen- ditures, as well as the limits that any one individual or organization could contribute to a candidate's campaign committee. 5. In cities over 20,000, campaign expenditure limits for city elections can be more effec- tive, over -all limits by eliminating any distinc- tions between types of campaign committees and making the candidate or his or her de- signees responsible for all funds spent by his or her election campaign committee. 6. In cities over 20,000, all contributions from a single source of more than $100 should be reported, with cities able to set this figure lower. Campaign financing reporting forms and requirements should be kept as clear and simple as possible, consistent with the need for voter information, and the reports should 3 be filed in a local location and available to the public. 7. Since there is no evidence to suggest that any ethics commissions to watchdog local elections are required, and since there are already effec- tive legal avenues for enforcement of cam- paign practice laws affecting cities, the League recommends that no enforcement mechanism be created. 1 -9 Home Rule (B) Minnesota's constitutional home rule policy, while permitting home rule charters in some cir- cumstances to depart from the provisions of sta- tutes that would otherwise be applicable, has made charters subject to the provisions of state laws when they express a policy intended to over- ride local charters. In implementing that policy, the legislature has often by a general law author- ized one or more classes of home rule charter cities to meet new problems for which existing charters listing city powers in specific detail pro- vided inadequate authority. It ahs also, by general law and increasingly by special law, removed char- ter restrictions or imposed restrictions where the local charter had none. Following the adoption of the 1958 local government amendment to the Minnesota Constitution, the legislature has, on League recommendation, made it easier for cities to adopt and amend charters and thus better able to meet local legislative needs at home. In an effort to provide for a more consistent policy on the relationship between state law and local charters, the League recommends to its own member cities as well as the legislature the following guidelines on meeting legislative needs of home rule charter cities: 1. Every general law applying to cities should state specifically whether or not it applies to home rule as well as to statutory cities. 2. When a uniform state policy is not required, a law applying to home rule charter cities, whether applicable with or without local action, should authorize an affected city to supersede the law or any provision in it by charter action on the same subject. 3. When a legislative problem can be met simply by a charter amendment, particularly where amendment by ordinance is feasible, state legislation on the subject should not apply to home rule charter cities. Some existing obsolete legislation applying to home rule charter cities was repealed by the 1976 Legis- lature; other similar legislation of doubtful current use should be repealed, perhaps with an effective date sufficiently far in the future to permit any city for which the legis- lation was later found useful to adopt an appropriate amendment to its charter. 1 -10. Voting Equipment (C) Present law allowing local options in selecting voting equipment, so long as it has been approved by the Secretary of State, has aided election offi- cials and voters by permitting the selection of equipment based on a number of local factors including size of community, type of election and others. Where the size of the community warrants it, the use of voting machines, including electronic voting machines, has facilitated voting and has aided the speed and accuracy of counting ballots. The League opposes any law that would limit the use of current or future voting equipment and opposes any state mandated system of voting equipment. 1 -11. Regional Development Commissions (C) One of the principal purposes of regional de- velopment commissions is to provide a mechanism for intergovernmental cooperation wtihin which local elected officials and the units they repre- sent can engage in working and planning together. It is becoming increasingly clear that one of the most significant tests of the commissions' work is the extent to which they are in touch with their local constituency. Since RDC's are now in the process of developing comprehensive regional plans, the League recommends that the review and update process for those plans be carefully reviewed by cities and other concerned local governments, even before the plans themselves are considered. The under - representation on RDC's of the popu- lation that resides in cities continues to be a pro- blem. To provide a better balance between urban and rural interests, the League recommends that the Regional Development Commission Act be amended to provide that the largest city in each county, whatever its size, be represented on the commissions, in addition to the present member- ship. Furthermore, the League endorses expli- cit membership selection procedures and publicity about them which involve all concerned local units. 11 Finally, the League believes that RDC reliance on the property tax should not be increased and that the state should continue its support of RDC operations at the present level, at the minimum. 1 -12. Cable TV Regulation (C) Approximately ISO Minnesota cities receive cable TV service, and under present law cities are responsible for setting rates and can impose fran- chise fees. The League believes this law has allowed local communities to provide input into an impor- tant community service and that it should not be modified to diminish local control. 1 -13. Election Day Registration (C) The principle purpose of the Minnesota system of election day registration is to improve and in- crease eligible voter access to voting. We support the new law which requires all persons who vouch for the residency of election day registrants to be registered prior to election day. Experience indi- cates that the following steps would also improve the system: Election day registration and voting should be permitted but not mandated to take place in adjacent rooms. 2. Certain penalties for election day fraud are so severe that they constitute a barrier to effective enforcement of the law. We recom- mend the laws be reviewed and modified where necessary so that the laws can be effectively enforced. 3. State law should be uniformly enforced throughout the state. 4. Any future state- mandated election or re- gistration programs should be accompanied by sufficient state funds to pay local costs. 1 -14. Uniform Local Government Election Day (C) The 1973 Legislature designated uniform elec- tion days for statutory cities, giving cities the op- tion to choose odd- or even -year elections, and this degree of uniformity has served the voters well. Furthermore, the authority to choose an election date is central to the purpose of home rule charter cities. Consequently, the League remains opposed in principle to any uniform city local government election day that precludes the present options. However, if the legislature determines that a uni- form local government election day is necessary, any bill should contain the following features: 1. A primary election should be optional for municipalities of less than 5,000 population. 2. Home rule charter cities should retain the op- tion of setting their own election date. 3. The state should reimburse all cities for the direct costs of the election. 4. The first election under the uniform local government election day should be held in 1983, after the precinct boundary freeze is lifted. 1 -15. Special Legislation (C) The 1958 constitutional amendment on local government encouraged local responsibility by per- mitting the legislature to ease requirements for the adopting and amendment of home rule charters and by requiring local consent to special legis- lation. While subsequent legislatures have made the home rule charter authority easier for cities to use, the intent of the special law consent pro- vision has been nullified by a 1967 general law pro- viding a blanket waiver of that requirement except where attached to a particular special law. The League believes that some special legislation serves an appropriate purpose when creating and experimenting with innovative ideas. The League recommends that the legislature es- tablish an appropriate procedure by which it can carry out such a policy of limiting special legisla- tion to cases where there is a compelling need for a special law. We suggest that the legislature con- sider the following guidelines when considering special legislation: 1. A special law should not result in unfairly discriminating against all other local govern- ment units of the same type or class. 2. A special law should not modify the juris- diction, power, or procedure of a state ad- ministrative agency in a particular case. 3. A special law should not incorporate or reincorporate a city or create a particular unit of local government. 4. A special law should not change the form or internal administrative structure of a local government unit without the approval of its governing body or of the voters. 5. A special law should not direct the governing body of the local government unit to act in a particular way. 6. In the circumstances where special legislation is needed, the legislature should establish a deadline for the submission of local bills which is substantially earlier than the last day on which general bills can be introduced and which can be waived only in the most extenuating circumstances. In addition, the 1967 general law on local con- sent should be supplanted by a general law which permits waiver of the approval requirement only when a special law is of a type for which the con- sent requirement is impractical. Based on experi- ence since 1958, the only class of special law to which local approval should not be required is special legislation affecting two or more local units with an aggregate population of more than one million people. 1 -16. Development of an Improved City Code (C) Municipal laws have been enacted in a piecemeal fashion over the years, often to meet a special need in a particular class of cities with little regard to the desirability of applying the laws to other cities or meeting broader needs as well. As a result of this gradual accretion of miscellaneous statutes, the statute books have contained a hodge -podge of municipal laws, many inconsistent or overlapping with other statutes, and many confined to parti- cular city classes though addressing a problem shared by those excluded. The City Code laws adopted at League request in 1973 and its amend- ments in 1974 were important steps toward a more rational and uniform set of laws for Minne- sota cities, and 1976 League- sponsored legislation added to the improvement of the statutory frame- work for cities by repealing numerous obsolete laws, eliminating inconsistencies, and making explicit the applicability or non - applicability of specific laws to statutory and home rule charter cities. To continue this ongoing project of develop- ing a more rational statutory code for cities and to provide more uniform statutory patterns for related municipal laws, the League recommends that the staff, in cooperation with the legislative research agencies and other interested groups, prepare legislation revising and making into a con- sistent whole with as broad applicability as pos- sible and without controversial changes, the various statutes relating to certain subject areas most in need of such revision, including the laws on city depositories, city support for music and bands, municipal advertising expenditures, local boards of health, and use of liquor store funds and muni- cipal utility establishment and operations. The League. further recommends that when any such revisions have been approved by the League Board of Directors, they become part of the League legislative program. A study of existing laws indicates that almost without exception laws confined to cities of the second, third, or fourth class might more appro- priately have been broadened when adopted so as to apply to all three classes. The League there- fore recommends to the legislature that the prac- tice of confining legislation to any such class be discontinued and that, except where very spe- cial circumstances require use of some more limit- ing criterion, future laws intended for cities other than first class cities be drawn to apply to all such cities. II. DEVELOPMENT STRATEGIES (A) The cities of Minnesota play a major role in development and redevelopment. Despite their enormous diversity in size and location, cities throughout the state share common concerns: adequate housing, a desirable job and economic climate and provision of appropriate community services. Many cities are actively involved in development strategies which will maintain and foster a desir- able job and housing climate in the community. At the same time, the public responsibility for renewal and rehabilitation activities has fallen increasingly on cities. These strategies must rest on a solid partnership of cities, the state and the federal government working together with busi- ness, labor, neighborhoods and all parts of the community. While no single solution will meet all the diverse needs of municipal development, the League has identified a number of proposals which will encourage and assist local efforts. A state commitment to community conservation. The legislature passes many laws each year which have substantial effects on development, redevelop- ment and the viability of cities whatever their size and location. Many of these actions end up working at cross purposes to each other because the state has not established an identifiable policy of community conservation or the framework for evaluating both the direct and the spin -off effects of the many legislative and administrative actions that affect development, redevelopment and the viability of cities. To facilitate the adop- tion of a comprehensive community conservation policy for the state, it is necessary to examine an assess the climate for private and public invest- ment and reinvestment in the state and the impact of this climate upon Minnesota cities. This exami- nation should include but not be limited to the following: 1. Personal taxing policy. 2. Corporate taxing policy. 3. Utilization of state's work force. 4. Spending for education including vocational education. 5. Natural resources. 6. Proximity to market. 7. Environment considerations. 8. Land use limitations. 9. Levy limitations. 10. Transportation network. 11. An examination and understanding of the role of private developers. 12. An examination and definition of redevelop- ment. 13. An examination and clarification of the role of industrial revenue bonds. Statewide reinvestment fund. The major pro- blem for municipalities is not the realization that redevelopment is necessary if cities are to continue as viable working centers, but to identify the source of capital to finance the commercial and in- dustrial redevelopment that must occur. It is ap- parent that the traditional local approaches to- ward redevelopment are not sufficient to solve chronic urban problems. No longer can redevelop- ment be supported by the tax base of local munici- palities. Also, it has become less attractive and less economical during the past decade for the private sector alone, to continue to renovate and build in depressed areas. Due to the ' growing need of older developed areas to provide incentives that stimulate private investment and the lack of excess resources of local governments to earmark for this cause, the League urges the legislature to es- tablish an economic reinvestment fund that would provide redevelopment monies to cities for pro- jects that would help replenish a lagging tax base. Tax increment financing. Tax increment financ- ing has permitted many older cities in various parts of the state to define and carry out rehabilitation, redevelopment, housing and economic develop- ment projects on their own initiative. It repre- sents the most feasible and effective legal strategy which is currently available to cities in preserving and improving the physical and economic environ- ment in their communities. Despite the overwhelmingly favorable experience, the legislature has considered legislation expressly restricting the use of tax increment financing. The League has recognized the needs for reasonable safeguards and to this end proposed legislation during the past session to make tax increment a better fiscal tool. We recommend that the League and the legis- lature along with other affected and interested parties again proceed to develop legislation that would provide reasonable controls on the use of tax increment financing, build in safeguards as to the limitations, bond duration and con- tract requirements and other factors as outlined in past League policies. Further, any legislation should be workable for all cities in Minnesota, and the legislation should not be overly complicated in its procedural re- quirements. Housing rehabilitation loans and grants. The best source of low cost housing is the present housing stock in Minnesota. Statistics indicate that 200,000 units will need rehabilitation in the next 10 years. The success that has been met to date with the combination of low interest loans and in the cases of very low income, outright grants, should be continued. Also, the use of such funds to encourage insulation of dwellings to help con- serve energy is another use of the funds that should be further encouraged. The League recommends that the state legis- lature in the next biennium increase the funding of rehab loans and grants and further recommends that the United States Department of Housing and Urban Development provide increased funding to Minnesota in order to provide sufficient funding to meet these needs. Housing - new construction. With the estimated needs for new housing units annually at 43,000 per year statewide and only 20,000 to 25,000 built over the past three years, it is imperative that ad- ditional funding for construction of new housing be provided. Further, to meet the annual needs for subsidized housing units, programs must also be expanded to meet these needs. Since the private sector reacts mainly to the type of financing avail- 7 able, there should be funding that is directed to help solve the housing needs that have been identi- fied by state, regional and local agencies. The League of Minnesota Cities recommends that increased bonding authority be provided to the State Housing Finance Agency to help meet the needs for new housing construction and to provide for new units for subsidized housing. The League further recommends that the United States Department of Housing and Urban Develop- ment increase the funding for new housing con- struction in Minnesota to meet the statewide housing goals. III. LAND USE AND THE ENVIRONMENT III -1. Land Use and Agricultural Preservation (A) Those public policies which encourage sub- stantial development in non -urban areas and which extend public services beyond existing jurisdictions and service areas seem to be largely exposed as wasteful and counter - productive. There is also increasing recognition that cities offer a variety of lifestyles that conserve energy, and that they are already centers of substantial public and private investment. Finally, there is increasing recognition that the prime;, agricultural land of Minnesota is a major natural and economic resource and that a major objective of any land use strategy is the preservation of this prime agri- cultural land. We endorse a policy of urban con- servation based upon these perceptions. There are several steps that should be taken to: 1) strengthen the present land use controls exercised by cities and counties; 2) provide a framework for orderly, planned growth for cities through the Minnesota Municipal Board; 3) discourage scattered develop- ment, especially those developments located on agricultural land or other land needing protection.; and 4) provide the necessary policy direction concerning land -use decisions which clearly have statewide or regional implications. To this end, the- League has developed several proposals which address various aspects of the problem. Agricultural preservation. The state should es- tablish a policy encouraging the preservation of prime agricultural land which discourages the development of such land outside areas to be served by a municipal community and encourages regional agencies and local governments to adopt agricultural preservation policies and ordinances. The state should bank and interpret useful data, including relevant soil -type information, on prime agricultural land that will assist local governments in their preservation efforts. The League urges the legislature to establish a committee representing local government as well as other interested parties to propose an agricultural preservation strategy to the 1979 Legislature. Local and regional governments should be re- quired to include an agricultural protection ele- ment in their comprehensive plans and zoning ordi- nances. Interim or fringe area land. The Minnesota law that provides preferential property assessments for agricultural property (i.e. the Green Acres Act) is principally aimed at transitional or fringe area land. The law should be modified so that it provides a positive tool for municipalities and counties in influencing orderly development. Specifically, land would qualify for Green Acres status only when it qualifies under a local government's comprehensive plan or zoning ordinance, or is approved by the local governing body. Also, adequate controls should be provided to ensure an orderly transition to urban uses, including city determination of when the land no longer qualifies for tax abatement and /or assessment deferral. When the land no longer qualifies for tax abate- ment, then land should be assessed consistent with its planned use; however, that portion of the Green Acres law providing for payment of special assess- ments should be modified to allow an extended pay -back period, at local option. When any quali- fying land is sold, the sale would automatically bring it back to the local government for recon- sideration of the tax deferment and abatement status. Finally, there should be no automatic "roll- back" or recapture of the difference in tax revenues. Actual roll -back provisions could be negotiated locally or determined in local ordi- nances. County Planning Act. Even when sufficient legal authority exists and financial resources are available, there has been a reluctance in some counties to undertake a land use planning program. In order to address this situation, the County Planning Act should be amended to provide that counties would be required to undertake a land use planning program if city councils and town boards repre- senting a majority of the population of the county pass resolutions requesting such action. E., III -2. Solid Waste Management (A) The League supports the continuing legislative efforts to initiate a comprehensive recycling and resource recovery program in order to conserve material and energy resources and reduce the volume of solid waste. We believe the following could accelerate progress in this area: 1. Although energy recovery is close to being economically feasible under certain circum- stances, it is a high risk venture which pro- bably cannot attract private capital. Therefore, the state should provide grants or subsidies to energy recovery and recycling projects of an experimental nature.' 2. The law should be amended to provide that elected governmental jurisdictions (cities and counties) which have adopted a comprehensive solid waste management and resource reco- very program, have legal jurisdiction over the methods of disposal of all refuse within their jurisdiction. 3. The present law authorizing the establish- ment of solid waste management districts should be amended to make it more work- able. Specifically, outstate, the law should allow such districts to be initiated by any elected public jurisdiction (cities and coun- ties) and the district itself to include areas in more than one county. 4. The available evidence suggests that many cities are exercising their existing authority to require that enterprises which produce potentially hazardous waste materials as a by- product of their activities, also provide adequate containment or disposal facilities. The League endorses this approach to hazar- dous waste disposal. Producers must provide a disposal plan to the governing body before a building permit is issued. Since some hazar- dous wastes must be disposed of in highly specialized facilities, which may not be econo- mically feasible in every region, we urge that no state bar inter -state shipment of hazardous waste but instead concentrate on adequate safeguards for public life and property during such shipments. III -3. Eminent Domain Laws (A) In recent years, amendments have been made to the eminent domain law in an effort to safeguard the interests of the property owners who become involved in this process. However, taken as a whole, the present procedure seems to result in the public paying excessively high prices for land. Therefore, the League believes the entire process provided in the law should be critically reviewed and streamlined. This examination should include: a re -evaluation of the advisability of making apprai- sals public information; the advisability of using a professional referee in lieu of three commissioners to establish the value of land; and the legality and feasibility of collecting property taxes on property for several prior years in instances where the award is substantially in excess of the market value of the property for tax purposes. The League Board should establish a task force to study eminent domain, its alternatives, and relocation practices and costs. III -4. Energy Conservation (A) The League and its member cities are seriously concerned with energy problems and support legis- lative efforts to develop public programs and poli- cies that, will respond to the complex issues raised by the need for energy conservation. However, in developing programs to achieve energy conser- vation goals, there exists the potential for large, new public expenditures, and we believe that any mandated programs to local government should be accompanied by adequate funding from the state. Finally, since energy programs and policies that meet the need of all Minnesotans cannot be created without widespread participation, a mechanism should be created for effective coordination bet- ween the state and cities in the development of energy programs and policies. The state should pro- vide technical assistance to local government to assist local energy conservation efforts. III -5. Planning Grant Program (B) The state matching grant program which pro- vides funds to increase the local planning capa- city of cities and counties should be continued by the legislature, recognizing that planning is an ongoing process. These funds should be avail- able to cities and counties for establishing and for continuing existing planning programs. The legis- lation should reflect a higher priority for agricul- tural land preservation. III -6. Certain Transfers of Property (B) Minnesota law provides a device whereby a city can prohibit the effective transfer of property when such a transfer is carried out by means of We a metes and bounds or unapproved land survey. The law should be amended to require specific enforcement procedures. However, in those divi- sions of land when all parcels sold and remaining are five acres or greater, the division and transfer of such parcels can be carried out without city review or approval and without contributing to park dedication and other public purposes as under the subdivision law. This exception provision should be changed to include only those parcels over ten acres in size. Division into such large parcels will not be dis- ruptive to any planning or public improvement activity. 111 -7. Shade Tree Disease Control (A) The legislature in 1977 made a major commit- ment to control Dutch elm and oak wilt disease and set a target level for grants to municipalities of 45 percent for sanitation grants and 50 percent for reforestation grants. There is no doubt that the magnitude of the shade tree problem is even greater than the early estimates and that it will remain a major problem for cities for the coming several years. The League urges that the legislature continue its commitment to shade tree disease control and that the grant program be funded to achieve the target levels for sanitation and reforestation grants. Furthermore, the local costs of shade tree disease control should be made a permanent spe- cial levy. 111 -8. Plat Approval (B) Under existing law, a city must act on an ap- plication for a plat within sixty days after the first public hearing date or it is deemed approved. This does not allow enough time for adequate review by the city staff, planning commission and a city council, especially when environmental judg- ments must be made. The League recommends that the law be amended so that the period of time be lengthened to one hundred twenty days from first hearing by the council, its committees or boards. III -9. Special Assessments (B) Special assessments, as a means of financing property - related improvements, have served as a local process to identify priorities, since they permit those who benefit to pay most of the cost. The legal procedures for assessing these benefits should be made as clear and simple as possible The authority to make sewer assessments based on capacity rights, as an additional alternative to present assessment authority, would strengthen local land use controls as well as giving local governments an equitable alternative for making sewer assessments. The League believes that local governments already have sufficient legal authority to base sewer assessments on capacity rights, which could be transferred among land owners, provided any proposed development met local government zoning and subdivision criteria. However, in the event that future court decisions limit or restrict this authority, the legislature should grant specific authority to local government to make sewer assessments in this manner. III -10. Lake Improvement and Restoration (C) Cities, towns and counties now have consider- able. authority to establish lake restoration and improvement programs and projects. However, funding is available only for implementing pro- jects and not for planning and data collection. The League urges the legislature to establish a unified program for the funding of lake restora- tion and improvement planning and program implementation. III -11. Minnesota Municipal Board (C) Since its organization, the Minnesota Municipal Board has strengthened municipal government by providing a means for the orderly and intelli- gent evaluation of proposed incorporations, con- solidations, and annexations throughout the state. Recent additions and changes in the Board's authority in annexation areas will encourage and foster an assessment of the consequences for governmental framework of certain kinds of development and services in urbanizing fringe areas around .cities. The League commends the legislature for making this change and recommends that no further changes be made in the annexation laws until the current system has been evaluated through its application by the Municipal Board to annexation situations. The Municipal Board should be given the author- ity to control the creation of urban towns in the future. Any township which needs municipal powers should be required to request that authori- ty of the Board, and the request should automati- cally confer continuing jurisdiction on the Board to initiate annexation, incorporations or consoli- dations of the township territory. 10 (B) Consolidation of cities. An alternative to the existing law concerning consolidation of cit- ies should be developed in order to encourage city councils and city residents to consolidate cities when it is in the public interest to do so. Accordingly, the League recommends that the following optional method of consolidation be enacted. The alternative procedure for the gra- dual, orderly consolidation of two. or more exist- ing cities would be as follows: The procedure for orderly consolidations would be initiated only by 1) the concurrent resolution of the affected cities or 2) a petition by five per- cent of those voting in the last general election in each of the affected areas. Upon petition, the Municipal Board would establish a consolidation commission composed of residents of all affected cities. The concurrent resolutions of the affected cities or the report of the consolidation commis- sion would make recommendations concerning: the boundaries of the proposed consolidated city, which could include unincorporated areas adja- cent to the affected cities; the contents of any city charter for the proposed consolidated city or the form of government of the proposed con- solidated city, and the procedures for the order- ly consolidation of the affected cities and any affected unincorporated areas. Upon receipt of either the concurrent resolu- tion of the affected cities or the report of the con- solidation commission, the Municipal Board would hold hearings and issue a report within three months on all matters pertaining to the proposed consolidation. If approved by the councils of all affected cities, the consolidation would become final. However, the councils may and upon petition of twenty -five percent of those voting in the last general election, must hold a single referendum on the question involving all residents in the proposed consoli- dated city, and the question would require to pass a majority of those voting on the question as well as a majority of the votes cast in each city. III -12. Environmental Impact Statement Process (C) The rules and regulations which have been a- dopted by the Environmental Quality Council governing the environmental impact statement process have gone a long way toward integrating this process into the pre -existing legal procedural framework in local units of government. Th.. result has been to reinforce the traditional roi of local government in land use and related de- cisions which are primarily of local concern. Fur- thermore, the assignment of a major portion of the financial responsibility for the preparation of any necessary environmental impact statement to the party initiating the new development, re- lieves local government of what could be a signi- ficant financial burden. Nonetheless, there may be circumstances where it would be in the public interest to have an environmental impact study conducted which could not or should not be assumed by the party initiating the new develop- ment. Therefore, the League recommends that cities continue to be permitted to undertake such a study with their own resources. Further- more, the petition procedure should be revised to provide that only registered voters who are residents of the affected area, may sign petitions requesting the Environmental Quality Council to require the preparation of an environmental impact statement. III -13. Intergovernmental Strategies (C) During the last several years the Minnesota Pollution Control Agency has taken several steps which have markedly improved the working relationship between its own staff and local govern- ment officials. The decentralization of its staff in regional offices, the increasing willingness to provide technical assistance to local governments and the appointment of an advisory council com- posed of local government officials, have each con- tributed to better communication and cooperation. The League endorses these efforts and urges the Minnesota Pollution Control Agency to continue to involve local officials in the mutual effort to improve the effectiveness of our efforts to pre- serve and improve our environment. III -14. Flexible Approach to Pollution Control (C) The present federal and state programs for the abatement of pollution problems tend to rely heavily or exclusively upon single solution ap- proaches which are not necessarily appropriate or economically feasible in very small communities. As a result, small cities may be required to install very costly central collection and treatment sys- tems without regard to cost /benefit considerations or their ability to finance the continuing operation of such systems, and larger cities are discouraged from using alternative strategies where they might be appropriate. Consequently, the League re- commends that both federal and state pollution 11 control programs be modified to permit low interest loans and grants to upgrade alternative environmentally sound systems and to finance other means of onsite disposal of domestic and commercial wastes in small cities. We encourage mandatory standards for individual onsite dis- posal systems. 111 -15. State and Federal Wastewater Treatment Grants (C) Over the past several years, Congress and the Minnesota Legislature have made a major commit- ment to providing cities with funds for wastewater treatment plants. Cities, too, have made a major commitment of their resources. However, only the highest priority communities have received funds to date. In view of the needs that have been identified for improved wastewater treatment, and the substantial commitment that has already been made in planning for improved treatment facili- ties, the League urges that Congress and the legis- lature continue to fund wastewater treatment at the current level including funds to compensate for increased costs due to inflation; or to increase funding to reduce the city's share. IV. PERSONNEL, PENSIONS AND LABOR RELATIONS Preamble Since city governments are labor- intensive, and the preponderance of city budgets is spent on employee costs, we are keenly aware of the effect of state and federal actions affecting local per- sonnel management, and employee pay and bene- fits. While we recognize that there are areas of public employment in which the state or federal government has a legitimate interest in establish- ing programs to insure that an identifiable interest is protected, the League opposes state or federal intervention where such an interest is not clearly manifest, or interference in basic personnel poli- cies through direct intervention such as mandated salary schedules. In addition, subject to laws prohibiting dis- crimination in employment, neither the state nor the federal government should become involved in the hiring, disciplining or dismissal of groups of employees, such as police officers, or specific individuals. Finally, the state administration and the legislature should recognize and specifically identify the costs to local government of personnel - related laws such as workers' compensation bene- fits, minimum wages and unemployment compen- cation benefits. They should also clearly recognize that the wage and fringe settlements made with state employees have a spin -off effect on the ex- pectations of other employees. Where there is no compelling federal or state interest, we believe the public is best served by the responsible exercise of management authority for personnel by local governing bodies. We suggest the following policies to implement this goal. IV -1. Federal Labor Legislation (B) In 1971, Minnesota adopted a comprehensive Public Employment Labor Relations Act, which covers all public employees within the state. The scope of the law is sufficiently broad to permit free and extensive participation in the collective bargaining process by both the public employee and employer, including the right to strike for certain employees. The League of Minnesota Cities is opposed to federal labor legislation cover- ing state and local employees on the grounds that it is unconstitutional and that it is patently unnece- ssary. If the U.S. Supreme Court determines that such legislation is constitutional and the Congress finds it necessary to adopt some sort of national legislation in this area, we believe the best alterna- tive would be to extend the provision of the National Labor Relations Act to cover public employers and employees in those states that do not have existing labor legislation, allowing states the opportunity to establish their own laws as the need arises. IV -2. Minnesota Public Employment Labor Relations Act (A) Experience with the PELRA of 1971, as a- mended, during the last several years indicates that several amendments should be made in order to safeguard the rights of local governing bodies, to encourage the collective bargaining process, and to improve the administration of the law. The League supports the following specific changes, in order to their importance. 1. Impasse resolution. The first priority is to eliminate the distinction between essential and non - essential employees as it relates to compulsory, binding arbitration. All em- ployees should be considered as non -essen - tial and should have the right to strike. As a second priority, in the event that elimina- tion of the distinction is not acceptable to the legislature, the public employer should have the option of requesting arbitration. 12 If the public employer did not request arbitra- tion within a specified time, the employees could legally strike. Finally, in any case involving interest arbitration (i.e., terms and conditions of employment), the governing body should have the option either to accept the arbitration award or to submit the award to a referendum of the public for approval or rejection. F 2. Impasse arbitration. In the event the arbitra- tion alternative is selected, the arbitration panel should be composed of a tripartite panel: One member selected by the exclusive representative, one by the public employer and one neutral member selected by the parties, who would serve as chairman. A procedure should be provided in the law, possibly modeled after the Missouri plan for the selection of judges, to assure that the arbitrators certified by the Public Employ- ment Relations Board are both highly quali- fied and neutral. Furthermore, arbitrators should be required by law to provide a thorough written rationale for all their decisions for the future guidance, of employ- ers and unions. The cost of the neutral members of any arbitration panel should continue to be borne equally by the parties involves in the dispute. 3. Supervisors, confidential employees and col- lective bargaining. The Public Employment Labor Re_ lations Act of 1971, as amended, provides full collective bargaining rights to all supervisory personnel, thereby placing in jeopardy the concept of "management" in the public sector. Supervisors of "essential" employees in most cases are placed in the same bargaining units as the employees they super- vise because of current statutory criteria. Supervisors of other employees are granted full collective bargaining rights in separate bargaining units. Confidential employees are granted similar bargaining rights. This approach is inconsistent with the National Labor Rela- tions Act and laws in many other states where supervisory and confidential employ- ees are outside the collective bargaining pro- cess, as they are agents of the employer. The extension of full collective bargaining rights to supervisory and confidential employees seriously impairs the ability of the public employer to adequately manage in the public interest. Supervisors of public employees should be treated in a manner similar to that for supervisors in the private sector, i.e., their management role should be acknowledged and they should not have bargaining rights. In no event should supervisory employees be re- presented by an employee organization which represents non - supervisory employees. Similar standards should apply to confidential em- ployees. Appropriate legislative changes should be made to restore the concept of manage- ment in government. Furthermore, the term "supervisory" should be defined and con- strued consistent with the National Labor Relations Act. 4. Public Employment Labor Relations Board. The authority of the PERB should be extend- ed to include: a) bargaining unit determination appeals, b) scope of bargaining issues, c) representation election appeals, and d) unfair labor practice charges. Disciplinary actions against employees and unions for participation in illegal strikes, however, should continue to be the responsi- bility of the public employer and the courts respectively. Furthermore, all of the decisions of the Board should be subject to appeal to district court. 5. Certification of impasse. Under current law, following certification of issues to impasse by the Minnesota Bureau of Mediation Ser- vices and after fifteen days have elapsed without the employer having submitted final positions, the employees involved may strike. PELRA should be amended so that the em- ployees must exercise their right to strike within 15 days following the employer's refusal of arbitration of forfeit such right. IV -3. Local Police and Firefighters Pension Funds (B) The financing of local police and firefighters relief association continues to be one of the most serious public pension problems in Minnesota. Furthermore, while a number of local laws have been passed phasing out local retirement associa- tions, it is still highly desirable to establish certain uniform policies governing all of these relief as- sociations. Therefore, the League recommends that the legislature amend the Guidelines Act of 13 1969 to incorporate the following policies which should apply to all local relief associations: 1. All newly hired police and firefighters should become members of PERA Police and Fire Fund. Adequate assistance should be made to fully fund the obligations of the local relief as- sociations which are phased out as a result of these policies. Employees' contributions should be in- creased to at least 8 percent of the current salary without regard to the base salary upon which pension benefits are calculated but not more than 40 percent of the normal cost of financing the benefits. Furthermore, any increase in benefits for current employees including any resulting deficit, should be financed 50 percent by the employing city and 50 percent by employees on a current basis. 4. If possible, some limited form of portability into the PERA Police and Fire Fund should be provided to members of local police and firefighters relief associations if they take a public safety position in another govern- mental unit before their pension benefits are vested. The PERA law should also be amended to permit a member of the PERA Police and Fire Fund to continue his PERA coverage if he takes a public safety position in a city with a local relief association. If the legislature determines that the uniform policies suggested above should not be enacted, the legislature should act to reduce the escalator provisions of the funds; should provide more public involvement in the governance and adminis- tration of the funds, and enact enabling legislation permitting any city with a local police or fire- fighters relief association to place all newly hired police and fire personnel under the PERA Police and Fire Fund,. provided that adequate measures are taken to fully fund any deficit in the local relief association being phased out. IV -4. PERA Benefits, Financing and Administration (A) The adoption in 1973 of the "high five year" benefit formula for PERA has provided very ade- quate pension benefits for career municipal em- ployees. However, there are a number of related policy issues which have not been dealt with in the law. Therefore, the League strongly urges the legislature to adopt the following policies in the form of amendments to the PERA Law: 1. Any increases in PERA general fund bene- fits enacted subsequent to .1973, including any resulting deficits, should be financed by matching contributions, shared equally by employees and public employers, over a period not to exceed 30 years. Any increases in benefits under the PERA Police and Fire Fund, including any resulting deficits, should be financed 50 percent by employers and 50 percent by employees, over the same amorti- zation period. 2. Since the .equal, matching employee and em- ployer contributions to the Coordinated Plan within PERA are sufficient to finance the present benefits and liquidate the exist- ing deficit in less than 30 years, all of the employer additional contributions (i.e., the 1.5 percent of the salaries of employees under the Coordinated Plan and the 2.5 per- cent of the salaries of employees under the Basic Plan) should be specifically and ex- clusively earmarked for the reduction of the actuarial deficit in the PERA Basic Plan. The employers'additional contributions should continue until this deficit is liquidated or until 1997, whichever occurs earlier. 3. Since any increase in benefits enacted for PERA retirees is in essence a gratuity, the resulting cost should not be paid from the PERA Fund, but rather should be financed by a direct appropriation from the State General Fund. 4. The actuarial assumptions concerning the rate of investment earnings and of salary increases should be a conservative reflection of actual experience. The present assumption concern- ing the rate of investment earnings is consis- tent with this policy, but we urge the legis- lature to raise the assumed rate of salary increases to more nearly reflect the actual experience during the last ten years. 5. The League supports the continuation of the Minnesota Adjustable Fixed Benefit Fund as a means of providing post- retirement increases in the pension benefits of retirees under the statewide pension funds. However, in the event the legislature determines that some other mechanism for providing such 14 increases is more appropriate, the League urges that the legislature provide that: (a) no increases be made during the first three years after retirement or until the Consumer Price Index increases at least ten percent; (b) a specific limit be placed on the increase granted in any one year; and (c) the cost of such increases, including any resulting de- ficits, be financed as provided in paragraph 1 above. 6. That portion of the PERA law which provides for a 5 percent per year augmentation of deferred pension benefits seems to be unre- lated to its equity. Therefore, the League urges that the PERA Law be amended to pro- vide that all funds in the deferred annuitant's account be transferred to the Minnesota Adjustable Fixed Benefit Fund, to provide a money purchase annuity. 7. Further steps should be taken to integrate the administration of the three statewide pension funds, without combining the funds. 8. The League recommends reciprocal enabling legislation to allow the transfer of pension contributions of individual employees, at their request, to and from other states with similar reciprocal legislation. IV -5. Two Percent Tax - Police Aid (C) The League recommends that the legislature amend the present provision on disbursement of the two percent tax on automobile casualty in- surance to allow, expenditures by the recipient political subdivision of any excess over the em- ployer's share of police retirement costs for any police department purpose. IV -6. Taxation of PERA Contributions (B) For several years, litigation has been pending in federal courts to consider whether employee con- tributions toward PERA and similar public pension systems should be subject to federal income tax laws during the year in which it is contributed to the system, as opposed to the year in which the employee actually receives the benefit. To our knowledge no similar litigation is pending regard- ing the applicability of the state income tax. It may be argued that the individual employee does not have the use of the contributions which he makes to PERA in the year in which they are contributed and therefore should not be subject to either state or federal income taxation, but should be excluded from the employee's gross income. Rather, it may be argued that the contri- butions should not be taxed until the benefits are actually received. Such a position would be consistent with the way in which the municipal contributions to the employees pension are taxed. Therefore, the League recommends that the PERA and state income tax laws be amended as follows: Employee deductions to PERA and similar public employee pension systems should be de- ducted from the employee's gross income and not subjected to state income taxation during the year contributed to PE RA. IV -7. Volunteer Firefighters Relief Associations (C) Through the some 550 municipal volunteer fire departments and more than 20 non - profit firefighting corporations, hundreds of cities throughout the state provide fire protection services to their citizens in a very economical manner. Most of these departments and non- profit corporations provide their volunteer mem- bers with some type of pension as partial com- pensation for their community service. Tradi- tionally, the type and level of pension benefits provided _as well as the administration and in- vestment of the pension funds has been handled locally in accordance with benefit limits and financial standards specified by law. Although this system has worked very well, there is need to provide cities more flexibility in the use of state aid funds. To this end, the League recom- mends the following specific amendments be enacted: 1. Cities should receive the state aid rather than the state aid being paid directly to local volunteer firefighters relief associa- tions or to non - profit firefighting corpora- tions as presently provided by law. Further- more; when the pensions are fully funded, cities should be able to use the state aids for other fire safety - related purposes. 2. In the case of lump sum pension benefits, specific statutory authority should be enac- ted to permit payment of a term certain annuity (i.e. in periodic installments) in- cluding interest. 3. Each firefighters relief association and non- 15 profit firefighting corporation should be required to file a current copy of its bylaws with the Commissioner of Insurance and to file a revised copy of the bylaws upon each benefit change. IV -8. Veterans' Preference (A) In 1975 the legislature adopted a uniform veterans' preference law for state and local govern- ment which modified preference in employment and promotion and in 1977, the legislature ter- minated veterans' preference for persons who enter military service after 1976. The League supports these modifications and believes that these provisions should not be amended further. Veterans should continue to be protected against unjust dismissals, but when a veteran's employ- ment is terminated and he or she does not request a hearing within ten days, or when an impartial hearing body determines that the dismissal was for just cause, the law should not require that the veteran receive compensation for any period when services were not actually performed. Fur- ther, the law should make it clear that the peti- tion procedure is an alternative to local admin- istrative hearings. IV -9. Intergovernmental Personnel Act (C) In Minnesota, personnel management services for local government initiated with assistance of Intergovernmental Personnel Act grants have proven valuable in improving personnel adminis- tration in cities and counties. The League strongly supports continued federal funding of IPA pro- grams at the current level as well as continuing the matching requirement at the 75/25 basis as in the original act. IV -10. Unemployment Compensation (A) In 1976, unemployment compensation laws were substantially improved by the elimination of eligibility for those individuals who volun- tarily quit or are dismissed for cause. However, requalification is provided once the claimant has earned four times the weekly benefit for which he would otherwise be eligible. This requalifica- tion is too low and should be substantially in- creased. In addition, we believe that individuals who knowingly accept temporary employment of specific limited durations or provisional employ- ment not exceeding six months and whose such employment is thus ended, should be deemed to have voluntarily ended their such employment and thus should be disqualified for certain bene- fits. The employers involved should not be sad- dled with unemployment compensation costs for individuals who accept and perhaps even plan for the termination of their such employment. The Minnesota Supreme Court is expected to decide on this matter soon. If the Court does not so construe the present unemployment compen- sation law, the law should be appropriately a- mended. Also, students temporarily employed as interns, such as urban corps interns, should not be eligible for unemployment compensa- tion. IV -11. Privacy of Municipal Employee Personnel Records (A) On June 30, 1977 the State Commissioner of Administration Richard L. Brubacher promul- gated a "findings of fact and conclusions" clas- sifying various personnel data for some 22 muni- cipal governments, including 8 cities. The findings concluded that relatively little data within indivi- dual personnel files may be classified as private data on individuals, and that most of the informa- tion commonly found in employee personnel files is public. It is felt that this administrative finding is contrary to the best interests and morale of individual municipal employees and that such employees have rights of privacy. Therefore, the League recommends that the provisions of M.S. 15.162 to 15.1671 be amended so as to provide that only the following informa- tion on city employees shall be considered as public information, and that all other information in the employee's personnel file shall be con- sidered to be private, made available only to the employee, his immediate supervisor, the city's personnel authority, and the executive adminis- trator of the city and his or her designee: a. Name of employee. b. Position with city. c. Department in which employed. d. The length of time the employee has been so employed. e. The salary for the position held. Information on the employee's education and prior work experience which would indicate that the employee is qualified to hold the position. 16 IV -12. Group Insurance (A) M.S. 471.66, which deals with competitive bidding for employee group insurance, includes a provision requiring that the aggregate value of benefits cannot be less than those provided by the pre- existing contract. The apparent intent is to prevent the reduction of employee benefits, but it also effectively prevents the negotiation of a different total compensation package and has resulted in the rejection of bids which included additional benefits because the local government did not want to be committed to a higher level of benefits in perpetuity. The League recommends that this provision be repealed or modified in a way which eliminates the problem. IV -13. Proposed Federal Pension Legislation (B) The State of Minnesota through its legislature has demonstrated a continuing concern over the past two decades for the security of public em- ployee retirement funds. Standards have been adopted requiring full funding and steps have been taken to strengthen management responsi- bility and reporting to employees. Moreover, a permanent commission has been established by the legislature to study and analyze public retire- ment funds and advise the legislature on appro- priate steps. Adequate controls and standards exist in Minnesota to safeguard the interest of the participants in public employee retirement funds. Any proposed national controls and standards should pertain only to matters of funding and should be designed to exclude public funds_ such as those in Minnesota where adequate safeguards already are present. IV -14. Deferred Compensation (B) Deferred compensation plans have provided individualized, portable means to supplement retirement systems for municipal employees. For the most part, employees at their own expense defer compensation, making it a less expensive means of providing retirement benefits than tradi- tional pension programs. Furthermore, if pro- posed IRS regulations were put into effect, it would discriminate against employees of state and municipal government by denying them oppor- tunities readily available to many other types of employees. The League endorses deferred com- pensation as an option for municipal employees and urges that appropriate congressional and ad- ministrative actions be taken to insure that it continues to be available. IV -15. Formal Civil Service Systems (A) Constraints imposed by the police and fire civil service laws tend to hinder the effectiveness of personnel management systems and limit home rule charter options in cities with such commis- sions. Experience indicates that the present meth- ods of modifying these systems have not proved workable. The League supports adoption of a- nother procedure which would involve three steps: First, a public hearing would be held with appro- priate notice; second, the local governing body would act to abolish the commissions; third, if the required number of signatures were obtained on a petition, the question would be the subject of a referendum. If no valid petition were sub- mitted, the action of the local governing body would become final. IV -16. Social Security (C) Many public employees in Minnesota are cov- ered by federal social security (FICA) and parti- cipate in the plan's benefits including disability, portability, and modest cost -of- living benefit increases. The League recommends as a long - range goal that all public employees in Minnesota, except volunteers, be covered by FICA, on condi- tion that the financing of medical and non - pension related programs are in the future financed from federal general funds. IV -17. Temporary Military Service (C) When an employee is temporarily absent because of short -term military service, the public employer should pay the difference, if any, between the public pay and the military pay. Pension and other rights should be protected. Furthermore, the law should make it clear that the 15 -day period applies to calendar days. IV -18. Minnesota Minimum Wage Law (B) In 1973 the legislature passed the Minnesota Fair Labor Standards Act which establishes min- imum wage rates for cities and other local govern- ments. One of the spin -off effects of this law has been to significantly reduce the summer employ- ment opportunities for high school and college students in cities and other local governments. It has also forced cities to curtail recreation and related programs for young people in many cities in all parts of the state. In order to alleviate this problem, the League urges that this law be amended to exclude high school and college students who work for cities on a part -time or seasonal basis. 17 V. PUBLIC HEALTH AND SAFETY V -1. Issues in Law Enforcement Personnel (A) Although the state government has been in- volved in police training for a number of years, no coherent policy or strategy has emerged for improving law enforcement in the markedly dif- ferent circumstances and social environments which exist in Minnesota. Following the 1977 legislative session these issues were further clouded by new laws relating to certification, and to mini- mum standards for conduct and recruitment, which significantly impinge on the prerogatives of local government. A major effort should be made by cities, the legislature and other concerned parties to develop a rational response to this complex situation, with the League initiating action wherever ap- propriate. In developing legislation, the following guidelines are recommended: 1. Cities increasingly employ specialized law enforcement personnel including part -time officers, reservists and paraprofessionals. Cities should clearly have the authority to establish their own standards for such per- sonnel, who may have less than full arrest powers. 2. There should be consideration of the finan- cial impact of any state rules and regulations on the cost of law enforcement to cities. For example, uniform minimum recruit- ment standards may lead to minimum wages. The state should subsidize any extra costs. 3. Enforcement of standards of conduct and performance, and any other disciplinary matters, should not bypass normal city personnel procedures. Legislation authorizing the peace officers training board to establish minimum standards of conduct for police officers should be repealed. However, sample standards which could be used as a draft for local adoption to local situations could be beneficial. 4. Special attention should be placed upon law enforcement problems in rural areas and in small cities where conventional approaches may not be practical. The state should pro- vide incentives for interlocal programs in- cluding contracts with other law enforce- ment bodies. 5. The employer should have the right to enforce any minimum employment or certification requirements throughout the employee's term of service. 6. Employment at the present standard is in- tended to apply only to full -time officers with full arrest powers. Consideration should be given to different levels of certification, reflecting different types of police assign- ments. 7. The composition of the peace officers train- ing board should be altered to include major- ity representation from elected city and county officials, no more than half of which could be from the seven - county metropoli- tan area. 8. The opportunity to undertake academic work at post secondary school is a valuable pre- service training experience for potential police officers. We also . encourage the de- velopment of pre - employment certification. The League urges the peace officers train- ing board to continue its commitment to certification of these courses in a variety of locations throughout the state, as well as providing the required basic police train- ing at area vocational technical institutes, community colleges and universities. The state should maintain its financial commit- ment to police training at the present level at a minimum, or increase it. V -2. Building Codes and Fire Codes (A) One of the more rapidly evolving legal arenas recently has been the extent to which the public, via state or local governments, is responsible for the safety of buildings through inspections and code enforcement. There seems to be general agreement that state government should be responsible for enforcement of the uniform fire code, which applies to existing buildings, in large facilities which are open to the public, whether they are located in cities or townships. The League would support legislation which clarifies the responsi- bility of the state to inspect such public facilities as schools, hotels, lodging houses, hospitals and nursing homes, provided that the state is clearly responsible for enforcement and inspection, whether or not it contracts with local units of government to perform the actual inspection. However, the legislation should permit cities to enact more stringent fire safety codes for these facilities, as well as for other buildings. 18 When a city chooses to enact more stringent fire safety codes, and to enforce these more stringent codes by inspection, the city should realize that it may be liable for any failure to inspect and to enforce the code. When a city does not enact more stringent fire safety codes, the state should be responsible for inspection and enforcement of the fire code, unless the city clearly agrees to accept the res- ponsibility. It is equally important to focus on preventing emergencies or potential emergency situations through incorporating improved protective fea- tures into new building construction, especially in high -risk areas or in certain high -risk buildings. Evidence indicates that if certain protective fea- tures were incorporated, the lives and property of occupants would be better protected and local public safety services would be better able to cope with emergencies at the present level of service, without adding to the general property tax burden. The League recommends that the uniform state building code be amended to permit any city to enact ordinances to require fire pro- tection and building security features that exceed those set forth in the code. V -3. Insurance (A) Cities in Minnesota are encountering substan- tial problems in purchasing insurance, in terms of both costs and availability. For some lines of coverage it is becoming. questionable whether commercial insurance will continue to be available at all; already some municipal gas utilities have been unable to purchase liability coverage. In other lines of coverage, premiums have increased enormously. Some cities have already been able to realize considerable savings by self- insuring workers' compensation and employee health benefits. In lines where commercial coverage be- comes unavailable, self- insurance is the only al- ternative. The League supports legislation which would clarify the authority of cities to self- insure any of the risks to which they are exposed. Because many cities are too small to be able to self- insure in- dividually, cities should be granted the authority to jointly self- insure. The state should also sponsor a study of the insurance rates charged governmental entities and their relationship to loss experience. V -4. Liquor Issues (B) The League and its members strongly supported the legislature when it modified liquor laws to make the number of on -sale liquor licenses issued a matter for local determination and eliminated the phase out requirement when there are muni- cipal on -sale or off -sale liquor operations. We recommend that the legislature build on these initiatives by taking the following action: 1. Cities should have the same authority to establish fees for off -sale liquor licenses and special club licenses that they now have for on -sale liquor and beer licenses and off - sale beer licenses. However, in the event that the legislature determines there is a need for uniformity throughout the state in fees for special club licenses, the statutory limits should be keyed to gross sales and should be substantially increased. 2. In 1977 the legislature amended those por- tions of the Liquor Civil Damage Act re- lating to liability for damages and provided that any action must be commenced within one year after the injury. The League does not believe this law should be amended further until we have had several years ex- perience with it. 3. Private liquor operations should be required to post a substantial bond or to secure liquor liability insurance in amounts reasonably adequate to cover any anticipated claims under the Liquor Civil Damage Act. The city should be permitted to require an amount of insurance coverage in excess of any amounts which may be required by state law. V -5. Emergency Medical Services (B) Cities as a group are the single largest provider of ambulance services in the state and form a vital part of the network of emergency services. To maintain and improve the emergency services net- work, the League suggests the following guide- lines: 1. The current statutory requirements for am- bulance vehicles, equipment and attendants' training should remain in the statutes as minimum requirements. However, appropriate amendments should allow quick response vehicles to respond to emergency situations. 2. With increasing interest in paramedic services, 19 the League supports general, statewide legis- lation to provide licensing for paramedic services, provided that existing municipal services should be grandfathered in, and that the enabling legislation should limit the liability of individuals and cities to acts or omissions inconsistent with training, or the result of gross negligence or willful mis- cond uct. 3. While the League supports the continuing development of a systems approach to emer- gency medical services, we believe that local governments should be closely involved in their planning and implementation. Speci- fically, any state grants should be available only to those units where cities are directly involved, and nothing in any plans should limit the ability of cities to make mutual aid agreements, contracts or any local /inter- local arrangements for emergency services. 4. Cities agree that alternative transportation strategies that are less costly than full am- bulance services should be developed. V -6.911 Emergency Telephone System (A) The 1977 Legislature mandated a 911 emer- gency telephone system for the state, with com- pliance deadlines of 1982 for the Twin Cities metropolitan area and 1986 for the rest of the state. Under the financial plan enacted in 1978, only the annual recurring costs of local equip- ment and personnel would be paid by cities and other local jurisdictions. Since the legislature has mandated this program, the League believes it should not retreat from its commitment to finance most costs through state revenues. If sufficient federal funds are not available at any time in the future to finance capital equipment installation at public safety answering points, the state should fund these costs. Furthermore, in view of the fact that this is a mandated program, the local annual recurring costs should be a special levy, outside the levy limits, or the state should provide reimbursement. V -7. Speed Limits on Residential Streets (C) The League supports a two -level statutory speed limit in urban districts, 30 miles an hour on arterials and 25 miles per hour on local resi- dential streets. V -8. Inspection and Health Service (C) Over the years, a number of cities have devel- oped health, sanitarian and inspection programs which are well suited to their diverse sizes and constituencies. In the event that the legislature determines that a broader -based approach to these services is desirable, it should build upon those services that are available and in any event, cities should retain the option of providing these ser- vices in their own jurisdictions. V -9. Good Samaritan Law (C) The Good Samaritan Law, a law of interest to municipal employees in the provision of emer- gency care, has never really served its purpose because, unlike similar laws in other states, it preserved the common law liability of a Good Samaritan for damages resulting from ordinary negligence in rendering emergency care. The League recommends that the law be amended to limit the liability of a person rendering emer- gency care at the scene of an emergency to lia- bility for willful or wanton misconduct. V -10. Adverse Possession (C) It seems clear that M.S. 541.01 prohibits adverse possession of city property; that is, the occupa- tion or use by other parties of city property. However, in the event that court decisions do not concur with this interpretation, the legisla- ture should make it clear that no adverse posses- sion can be had against the state and its politi- cal subdivisions. V -11. Courts and judicial Administration (C) Minnesota made a major revision of the lower court system between 1971 and 1976, creating a county court system to replace municipal and justice courts which went into effect through- out most of the state. The League continues to support this system and, in view of the limited experience we have had with the county court system, we would oppose any further consolida- tion of the court system in Minnesota until suf- ficient time has passed during which the opera- tion of the county court system can be evaluated. Experience over the past few years has shown that many cities, .especially smaller cities, have experienced costs for prosecution and associated activities beyond their ability to support. We recommend that the law be amended to require that county attorneys prosecute all cases involving 7i7 local or state law, except where the city council by ordinance has designated that the violation of certain ordinances or misdemeanors would be prosecuted locally. The county should retain ap- proximately two - thirds of the fines when it is the county attorney's responsibility to prosecute, and when it is the city's responsibility to prosecute, the city should retain approximately two - thirds of the fines. VI. REVENUE SOURCES VI -1. Levy Limits (A) The 1977 session of the legislature made signi- ficant modifications in that section of M.S. Ch. 275 that limits the authority of cities to levy property taxes. Among the modifications were: (1) a one- time reverse referendum procedure for increasing the levy limit base, only for use in 1977 and 1978; (2) a modest adjustment of the levy limit base per capita for any city which had a base of less than 80 percent of the county average; (3) eli- mination of the declining population provision; and (4) partial recognition, in the levy limit base, of levies for new commercial - industrial property. These changes were made in recognition of the fact that the levy limit law is too inflexible to accommodate both the high rate of inflation and the diverse problems and circumstances faced by cities throughout the state. The fact that the legislature finds it necessary to change the levy limit law every two years is the best single exam- ple of the inherent difficulty of applying statewide solutions to diverse local problems. While the 1977 modifications provided temporary relief from some obvious problems, the levy limit law is basically inconsistent with our long history of local self - government. Consequently, the League remains strongly opposed in principle to such limitations and advocates their repeal. If repeal cannot be accomplished, the League supports the following amendments to the present levy limit law. 1. The present 6 percent annual increase in the per capita limitation is unrealistic in view of rising labor costs and increasing demands for local services. Therefore, a more accur- ate index of governmental costs should be incorporated into the law as a basis for auto- matically adjusting levy limits when govern- mental costs increase more than 6 percent. 2. The temporary reverse referendum provision, which allows the local governing body to increase the levy limit base up to 10 percent if the previous year's levy was 98 percent or more of the allowable levy, should be made a permanent feature of the law. 3. One of the most serious problems facing cities is the growth in the number and cost of federal- and state - mandated programs, which substitute the judgments of Congress and the legislature for local budget priori- ties, since they must be paid for within the current restrictive limits. Since special bills to address this problem on an ad hoc basis will not provide a permanent or statewide solution to these problems, we suggest the following four -step program: a. The special levy for new and increased state - mandated program costs should be reinstated; and a special levy for increased costs caused by other state actions or by federally mandated programs should be initiated. b. The state should adopt a policy of "de- liberate restraint" on its mandated pro- grams, including a mandatory fiscal note identifying local government costs on any new mandated programs when they are introduced in the legislature and a state- ment of compelling statewide interest to accompany all state mandates. c. A special levy for natural disasters and lawful orders (including the cost of com- plying with any federal law or regulation issued after 1971) should be included. d. As an alternative to special levies, the state should provide full or partial reim- bursement directly from state revenues to carry out state - mandated programs. 4. In both 1973 and 1975 amendments were passed to the levy limit law excluding certain cities from this law on the basis of popula- tion, because it became obvious that the nor- mal political forces at work in smaller cities made levy limits unnecessary. The League believes this is a reasonable way to proceed and that the law should be amended to ex- clude all cities under 5,000 population from levy limits. 21 VI -2. County - Municipal Aid The Omnibus Tax Act of 1977 incorporated additional steps in the direction of a more rational state -local fiscal policy by increasing the amount of non - property tax revenue distributed to cities, and by providing a partial adjustment of the dis- tribution formula to reflect more recent popula- tion figures as well as 1970 population figures. There were no substantive modifications in the major thrust of the distribution formula which was adopted in 1975 and which seems to funnel additional aid into those cities where property taxes are highest. To build additional equity into the formula, the League suggests the fol- lowing steps: (A) 1.The distribution of state - raised revenue through the County - Municipal Aid Fund should be increased in 1979 and 1980, in amounts at least sufficient to compensate for inflation. (A) 2. The distribution of state aids should re- cognize that certain cities have special needs based on such socio -economic characteristics as older housing, popula- tion decline, per capita income, incidence of poverty, and decline or lag in tax base. (A) 3.The formula should be adjusted to take account of the fact that the cost of cer- tain services such as street maintenance, trash collection and street lighting are financed by special assessments in some cities and by the general tax levy in others, and that the cost of providing some ser- vices is generally independent of popula- tion. (B) 4. Transfers of revenue to the general fund from municipally owned liquor stores and utilities should be treated as part of the local tax effort. VI -3. Assessment Equalization Unequal property assessment both within and among the various taxing jurisdictions is becoming a major problem of property tax equity in the state because of the increasing use of and reliance on sales ratio measures as factors in aid formulas and the complexity of overlapping taxing juris- dictions including special districts. One of the primary reasons among several for current assess- ment equalization problems is the rapid market value inflation of real property in the past few years, coupled with the taxable value limits on agriculture and homestead property imposed by statutes. This limited market value concept has further caused confusion among property owners and increased recordkeeping and cost to local units of government. The following proposals are suggested to remedy the inequities created in the past few years. (A) 1. To provide the fairest equity of taxable property valuation and minimize confus- ion on the part of property owners, the limited market value concept should be eliminated and full market value for these properties used for calculation of taxable assessed value. (A) 2. To ensure equity among various over- lapping taxing jurisdictions and for state aid purposes, the legislature should develop a penalty provision for ad valorem taxing jurisdictions which do not achieve a rea- sonable sales ratio. The penalty provision should apply only to the jurisdiction responsible for property assessment (i.e. the county where a county assessor system has been adopted, the city where responsi- bility remains at the local level). (A) 3. To ensure equity among individual tax- payers within a taxing jurisdiction, the legislature should develop a penalty provi- sion that would apply to the local unit which has the responsibility for assessing. This penalty should be based on a recog- nized standard, such as the coefficient of dispersions measure of assessment quality. However, no penalty should be levied when assessments are equal to nationally ac- cepted standards of "excellent and rea- sonable." Any penalties should apply only to the jurisdiction responsible for proper- ty assessment (i.e. the county where a county assessor system has been adopted, the city where responsibility remains at the local level.) (C) 4. The legislature should make our assess- ments system more simple. VI -4. Distribution of Telephone Gross Earnings Tax (C) The taxation of telephone companies on a gross earnings basis in lieu of ad valorem taxes is well established in Minnesota. However, all of the re- sulting revenue goes into the state general fund. 22 The League urges the legislature to distribute some of these revenues to those local governments which contain telephone operating property, and the re- mainder of the resulting revenue should be used to increase the local aid distribution to municipali- ties. VI -5. Taxation of Railroads (B) In 1974 the Minnesota Constitution wasamended to permit the legislature to determine how rail- roads and railroad operating property are to be taxed, just as in the case with other industries and property. While a plausible argument can be made for taxing railroad operating property on an ad valorem basis in lieu of the present gross earnings tax, the proposal which has been offered by the railroads contains some very serious flaws. Furthermore, after examining the alternatives, the League believes there are valid administrative and other reasons for retaining the present gross earnings tax on railroads. However, some of the resulting revenue should be distributed on a fair and equitable basis to local governments which contain railroad property and the remainder of the resulting revenue should be used to increase the local aid distribution to municipalities. VI -6. Minnesota Cities Economic, Physical and Social Conditions Study (A) Each biennium the legislature passes a number of laws concerning levy limits, municipal state aids, property taxes, and other factors related to the fiscal relationship of the various municipalities. However, because of the extreme variety of muni- cipalities in Minnesota as to size, age, demogra- phics, services offered, levels of service, methods of paying for various activities, etc., these laws and the resulting implied state policy have a drastically different impact, both economic and social, on the various cities depending upon those cities' existing characteristics. It seems logical that to develop effective and responsible policy and law concerning cities, their characteristics and varying conditions should be well known and documented for the lawmakers. Therefore, in the same manner that the legislature initiated an in- depth objective analysis of the cities of Minnea- polis and St. Paul by the State Planning Agency, the study should not have to include a detailed analysis of all 865 Minnesota cities, but could include a sample number from each general cate- gory (i.e., older developed suburb, developing suburb, metropolitan rural, metropolitan free- standing, outstate older city, outstate rural city, outstate newer city, etc.). The League requests that the State /Local Fiscal Study currently being carried out by the State Planning Agency provide a detailed assess- ment of the economic, physical and social con- ditions of all Minnesota cities so that effective and realistic legislation and policies concerning those cities may be developed. If the present staffing, funding, and time constraints prevent the comple- tion of such a report, the legislature should extend and expand this study so that a comprehensive analysis can be carried out. In addition, the League requests that the State Planning Agency establish an advisory committee for this study composed of local officials. VI -7. Property Tax Administration In recent years initiatives in state and local fis- cal policy have focused on avoiding increases in the tax burden on local property by providing alternate sources of revenue. However, a number of reforms in the property tax system itself are needed to make it a more equitable revenue in- strument, including the following: (B) 1. Homesteads in classification 3CC should be assessed at the same rate as other homesteads, and federally or state -sub- sidized housing units in the un- numbered classification should be assessed at the same rates as comparable housing units that are not subsidized. Additionally, the state should reimburse the property owner or renter through an income tax credit or rebate. (B) 2. The fact that federally and state -sub- sidized housing units are assessed differ- ently in the cities depending on the city's population creates a disincentive for cities of less than 10,000 population to ac- commodate such housing. This assessment disparity should be eliminated. (A) 3.One of the glaring inequities in the Minne- sota tax system involves the free local services that are provided to tax - exempt property owned by the state and by cer- tain non - governmental organizations. It is widely acknowledged that such proper- ty benefits directly from governmental services such as police and fire protection and street services provided by cities and counties. However, since there is no legal basis for claiming reimbursement for the cost of such services they are borne by the local taxpayers. Furthermore, such pro- 23 perty is concentrated in certain cities and counties resulting in a heavy cost burden in certain parts of the state. The League believes this problem should be corrected by enacting legislation requiring both the state and non - governmental owners of tax - exempt property, except for churches, houses of worship, and property used solely for, educational purposes by aca- demies, colleges, universities and semi- naries of learning to reimburse cities and counties for the cost of such services. (C) 4. All property tax laws should be recodified. (C) 5. The number of classifications of property for property tax purposes should be re- duced. VI -8. Local Government Investment Pool (B) The League supports creation of a local govern- ment investment pool through which local govern- ments at their option may invest temporarily idle funds. Funds deposited in the pool would be invested by the State Board of Investment. VI -9. Clarification of the Prohibition Against Local Sales and Income Taxes (B) The provision in the Omnibus Tax Act of 1971 which prohibits an increase in or the im- position of a new local sales or income tax should be amended to make clear that the prohibition applies only to a general sales or income tax. VI -10. Municipal Bonds (C) The traditional way of financing most local public improvements and facilities has been through the issuance of bonds and this is likely to con- tinue for the foreseeable future. Consequently, if the needs for local improvements are to be met at reasonable cost, it is imperative that a broad market be maintained for municipal bonds at the most favorable interest rates possible. Since both federal and state legislation can affect the municipal bond market, the League believes the following proposals warrant serious consideration. Federal legislation. The exemption from federal income taxes of the interest on municipal bonds has been and continues to be the key factor in maintaining a healthy market for municipal bonds. This tax - exempt status of state and local issues not only maintains a separate market for them but also recognizes the right of state and local govern- ments to manage their fiscal affairs independently. However, in recent years some knowledgeable people have become concerned because of their belief that the traditional market for state and local bonds will not be able to satisfy the rapidly growing need for capital for public improvements. Concerns have also been raised about existing methods of tax avoidance, including the tax- exempt interest on state and local bonds. These two con- cerns have resulted in several bills in Congress to establish programs to lend money to municipali- ties by purchasing their bonds and /or make inter- est on state and local bonds taxable. While the motives behind these proposals may be laudable, we do not believe a convincing case has been made for such a radical change which could damage the independence and viability of state and local government. Therefore, the League strongly urges that the tax - exempt status of state and local bonds be maintained. Also, the League is opposed to any federal legislation which would regulate the issuance and sale of municipal bonds including registration or filing with the Securities and Ex- change Commission. Bond interest ceiling. Because interest rates in the bond market fluctuate in response to econo- mic forces, it seems unrealistic that a maximum interest rate be imposed upon all local governments. The League recommends that the 7 percent ceiling be repealed, which would allow interest rates to be determined in the market or that a floating interest ceiling be established tied to the current interest on federal obligations. The League also recommends that the 8 percent ceiling and any present application of the usury statutes to the rate of interest that can be charged on special assessments be removed. Bond Code amendments. The League sup- ports amendments to the Bond Code and tax laws that will clarify the authority of local gov- ernments and assist them in obtaining credit. VIA 1. General Revenue Sharing (C) The federal general revenue sharing program provides vitally needed funds to cities in Minne- sota. Continuation of this program is essential for fiscal stability of our communities. 24 In considering legislation to re -enact the pro- gram, the Administraton and the Congress should take account of the fact that although inflation has continued to expand the demands upon hard - pressed local budgets, revenue sharing funds have received no significant increase since the inception of the program. Re- enactment of the revenue sharing law should remedy this shortfall by provid- ing sufficient funds to restore the program to its 1972 level and project an appropriate inflationary factor for future years of funding. Continued multi -year funding of the program is essential to sound fiscal planning and manage- ment at the local level and should be a part of the re- enactment legislation. Congress and the Administration should resist the temptation to use the revenue sharing pro- gram as a lever to governmental and other reforms at the local level. Revenue sharing should be a flexible, decentralized program free of bureau- cratic entanglements. The dangerous tendency of the imposition of difficult procedural and other requirements is apparent in the Revenue Sharing Amendments of 1976. Significant questions concerning the continued participation of state government in the revenue sharing program have been raised. An across -the- board answer is not appropriate to this question. State participation might be gauged on a level of fiscal efforts basis. Those states with the highest tax effort should be continued at full funding while those with only minimal effort might be considered for a change in status. VI -12. Electric Utility Gross Revenues Tax (C) A gross earnings tax should be levied on all private electric utilities (excluding municipally owned) with gross revenues in excess of $5 million annually, in lieu of property taxes on electric utility facilities. The gross revenues tax should be established at a percentage rate which will yield no less than the total property taxes paid by all affected utility companies in the most re- cent year for which such figures are available. The resulting revenues should be distributed as follows: (1) any city or town could decide to receive as its share an amount equal to its pro- perty tax receipts from electric utilities for the most recent year such figures are available; and (2) the remainder should be distributed on the basis of the electric utility revenues collected within each municipality. Within each affected city and town, all local governments levying a property tax should share in the distribution of such revenues in proportion to the taxes levied. The municipalities electing to receive the proper- ty tax equivalent should receive this amount only so long as the specific property is used for util- ity purposes. Any municipality which is the site of a future major utility generating facility or other installation should receive additional compensa- 25 tion to reflect additional municipal costs result- ing from the installation. Also, wholesale purchases of electricity by municipal electric utilities should be taxed, and those cities should receive a share of the distri- bution on the same basis as other cities. If the Board of Directors of the League deter- mines that there is a better means of capturing a significant amount of revenue from electric utility property for distribution to local units of govern- ment, the Board may, by majority vote, commit the League to support such a proposal in lieu of the electric utility gross revenues tax described above. CURRENT ASSETS: Cash: Demand Deposits $ 21,768.32 Working Fund 3,500.00 $ 25,268.32 Loan To Other Funds 415,000.00 Inventory: Liquor $ 317,981.58 Wine 295,645.15 Beer and Mix 29,304.95 642,931.68 Prepaid Expenses: Unexpired Insurance $ 9,291.53 Surplies Inventory 400.00 9,691.53 TOTAL CURRENT ASSETS $1,092,891.53 FIXED ASSETS AT COST: Land $ 152,518.85 Land Improvements $ 241488.13 Buildings 481,643.80 Furniture and Fixtures 151,075.01 Leasehold Improvements 3,035.55 $660,242.49 Less allowance for Depreciation and Amortization 253,398.21 406,844.28 $ 559,363.13 Construction in Progress 436,600.84 995,963.97 TOTAL ASSETS $2,088,855.50 CURRENT LIABILITIES: Trade Accounts Payable Accrued Payroll Due To Other Funds SURPLUS: Invested in Fixed Assets Unappropriated LIABILITIES AND SURPLUS TOTAL CURRENT LIABILITIES $ 153,538.57 4,665.62 $ 158,204.19 23,396.00 $ .181,600.19 $ 995,963.97 911,291.34 1,907,255.31 TOTAL LIABILITIES AND SURPLUS $2,088,855.50 LIQUOR DISPENSARY FUND ' COMPARATIVE STATEMENT OF NCOME AND EXPENSE CITY OF E MINA Three Months Ending March 31, 1978 and March 31, 1977 rr,�cc INCIEASI.0fW" 1978 511: '" Yr+Ty -1n1� Crandyiry Tntal 50r.h St, ltnrkdnlP t:r�ndvi.ew _Total... -.._ SALES: $ 73,870.89 $227,580.05 $195,128.96 $496,579.90 $ 84,139.14 $208,351.42 $182,258.61 $474,759.17 $10,268.25* $ 19,218.63 $ 12,870,35 $ 21,820.73 28,173.81 112,465.56 95,_752,64 236,392,01 .26,741.84 92,440.46 .73,774,60 192,956.90 1,431,97 20,025,10 21,978,04 43,435,11 u;ne 17 978,38 70 265.01 - 48o-537.-61 136.781.00 21 014.03 61 234.19 47 193.37 129 441.59 3,035 * 65* 9 030.82 1,344.24 7 339.41. :rev 1,753.91 6,882.01 5,000.92 13 636.84 1,803.23 5,870.12 4,811.49 12,484,84 49.32* 1,011.89 189.43 1,152.00 Ni:andM!s -II-n 21,776.99 $417,192.63 $344,420.13 $883,389.75 $133,698.24 $367,906.19 $308,038.07 $809,642.50 $11,921.25* 49,286.44 36,382.06 $ 73,747.25 Less bottle rcfun 4,068.42 15,112.71 13,424,82 32,605,95 4,001.40 12,524.17 10,972.66 27,498.23 67.02 2,588.54 2,452.16 5;107.72 NETSALES$117,708.57 02,079.92 330,995.31 850,783.80 129,696.8 355,382.02 $297,065.41 $782,144.27 11,988.27* ,697.90 3,929.90 68,639.53 :OST OF SALES: Inventory - 1pnuoA 97,456.21 $234,430.65 $222,573.02 $554,459.88 $109,208.09 $218,953.44 $195,512,91 $523,674.44 $11,751.88* $ 15,477.21 $ 27,060.11 $ 30,785.44 Purchases 115,708.23 362 621.14 328,840.11 807 169.48 103,929.53 252,735.18 243,282.28 599 946.99 11 778.70 109 885.96 85 557.83 207,222.49 $213,164.44 $597,051.79 4551,413.13 1,361,629.36 $213,137.62 $471,688.62 $438,795.19$12123,621.43 41 26.82 125,363.17 $112,617.94 $238,007.93 InvenMerCh 31""113,429.79 259,727.53 269,774,36 642,931.68 103,317.12 172 665.87 186,156.31 462,139.30 10,112,67 87,061,66 83V618.05 180,792.38 $ 99,734.65 $337,324,26 281 638.77 718 697.68 $109 820.50 299 022.75 252 638.88 661 482.13 10 085.85* 38,301: 28 999.8 57,215.55 GROSS PR 17,973.92 $ 64,755.66 $ 49,356.5 $132,086.12 $ 19,876.34 56,359.27 $ 44, 26.53 $120,662.14 1,902.42* 8,396.39 ,930:01 11,423.98 OPERATING EXPENS ScEing $ 9,679.15 $ 18,153.34 $ 16,088.31 $ 43,920.80 $ 9,092.22 $ 13,356.40 $.12,153.48 $ 34,602.10 $ 586.93 $ 4,796.94 $ 3,934.83 $ 9,318.70 Overhead 4,764.51 8,550.19 7,311,00 20,625.70 3,213.87 7,346.19 6,487.72 17,047.78 1,550.64 1,204.00 823.28 3,577.92 Ad- inistrative 11,417.25 .13;540.33 12 172.20 37,129.78 9,058.47 10,284.74 9,507.53 28,850.74 2,358.78 3,255.59 2,664.67 8,279.04 TOTAL OPERA 25,860.91 40,243.86 $ 35 571.51 4101,676.28 $ 21 364,56 $ 30 987.33 $ 28 148.73 $ 80,500.62 $ 4,496.3 5 9,256.53 7,422.78 4 21P175.66 EVEN. NET OrEkA $ ;7,886.99* $ 24,511.80 $ 13,785.03 $ 30,409.84 $ 1,488.22 *$ 25,371.94 $ 16,277.80 $ 40,161.52 $ 6,398.77* $ 860.14 *$ 2,492.77 *$ 9,751.68t1 PROFIT OTHER INCO-ME: Cosh Discount 1,626.07 $ 5,692.71 $ 5,381.55 $ 12,700.33 $ 1,512,03 $ 3,318.15 $ 3,412.60 $ 8,242,78 $ 114,04 $ 2,374,56 $ 1,968.95 $ 4,457.55 Cash over or unde, 19.07* 45.20* 94.43 30.16 5.94 24.94* 39.64 20.64 25.01* 20.26* 54.79 9.52 ►3 Incoma on invcstm -0- -0- 518.75 518.75 518.75* 518.75+1 Other 229.51 229.51 362.40 362.40 132,89* 132,894 $ 1,836.51-- $ -5,647.51 $ 5,475.98 $ 12,960.00 $ 2,399.12 $ 3,293.21 $ 3,452.24 $ 9,144,57 $ 562.61* $ 2,354.30 $ 2,023.74 $ 3,815,43 Net Profit 6,050.48* 30,159.31 19,261.01 $ 43,369.84 $ 910.90 $ 28,665.15 19,730.04 $ 49,306.09 6,961.38* 1,494.16 469.03*$ 5,936.25i1 PERCENT TO NET Gress profit 15.27% 16.11% 14.91% 15.53% 15.33% 15.86% 14,96% 15.43% , Operating espenses 21.97 10.01 10.75 11,95 16.48 8.72 . 9.48 10.30 Operating p•fit 6. 7 %* 6.10% 4.16% 3.587. 1.15%* 7.14% 5. 8% 5.13% Other incoma 1.56 1.40 1.66 1.52 1.85 .93 1,16 1.17 Profit ` 5.14%* 7.50% 5.82% 5,10% .70% 8.07% 6.64% 6.30% f CURRENT ASSETS: Cash: Demand Deposits Working Fund Loan To Other Funds Inventory: Liquor Wine Beer and Mix Prepaid Expenses: Unexpired Insurance Supplies Inventory LIQUOR FUND BALANCE SHEET CITY OF EDINA AS AT APRIL 30, 1978 ASSETS TOTAL CURRENT ASSETS FIXED ASSETS AT COST: Land Land.Improvements Buildings Furniture and Fixtures Leasehold Improvements Less: Allowance for Depreciation and Amortization Construction in Progress CURRENT LIABILITIES: Trade Accounts Payable Accrued Payroll Due to Other Funds SURPLUS: Invested in Fixed Assets Unappropriated $ ( 6,092.82) 3,500.00 $ (2,592.82) 415,000.00 $ 333,623.54 315,604.21 29,146.37 678,374.12 $ 7,503.53 400.00 7,903.53 $1,098,684.83. $ 152,518.85 $ 24,488.13 481,643.80 151,075.01 3,035.55 $660,242.49 - 255,956.21 404,286.28 $ 556,805.13 430,519.99 987,325.12 TOTAL ASSETS $2,086,009.95 LIABILITIES AND SURPLUS TOTAL CURRENT LIABILITIES $ 1259461.04 4,397.70 $ 129,858.74 23.396.00 $ 153,254.74 $ 987,325.12 945,435.09 1,932,755.21 TOTAL LIABILITIES AND SURPLUS $21086,009.95 LIQUOR DISPENSARY FUND COMPARATIVE STATEMENT OF NCOME AND EXPENSE CITY OF E )INA Four Months Ending April 30, 1978 and April 30, 1977 • INCREASt- OfUEASE` 1978 1977 Yr,- t.dnl° GrAtldviev Total 50th St. V s�tkdnlr Grandview __Total ._ SOth S_t.__ __Ynrk1a1e.._ rrA�'_plP.___,: ^ ^ °1 SALES: $111,428.62 $315,211.00 $268,801.90 $6959441.52 $116,856.20 $288,828.98 $255,472.58 $661,157.76 $ 5,427.58* $26,382.02 $13,329.32 $ 34,283.76 L; :Zuw 47,923.59 151,283.68 127,343.49 326,550.76 37,686.11 128,298.64 104,698.77 270,683.52 •10,237.48 •22,985.04 22,644.72 55,867.24 w'ee 28,683.90 98,067.97 - 680187.62 194,939.49 31,007.67 90,276.84 69,677.10 190,951.61 2,323.77* 7,791.13 1,479.48* 3,987.88 . 2,676.35 9,672.89 7,083.58 19,432.82 2,700.86 8,698.51 7,103.94 18,503.31 24.51* 974.38 .20.36* 929.51 M.i ■a "d Mi ;:ena 90,712.46 $574,235.54 $471,416.59 $1,236,364.59 $188,250.84 $516,102.97 $436,942.39$1,141,296.20 5 2,461 ' 62 $58,132.57 $34,474.20 95,068.39 Less bottlerelun 6,553.41 20,947.98 18,527.94 46,029.33 5,678.82 17,629.59 16,006.11 39,314.52 874.59 3,318.39 2,521.83 6,714.81 NETSALE§184,159.05 $5539287.56 $452,888.65 $1,190,335.26 $182,572.02 $498,473.38 420,936.28 1,101,981.68 .1,587.03 54,81 .18 31,952.37 88,353.58 '.OST OF SALES: 28,697.95 87,991.9 66,699.79 $183,389.68 $ 27,870.48 79,030.34 629478.99 $169,379.81 $ Inventory - Jatul 97,456.21 $234,430.65 $222,573.02 $554,459.88 $109,208.09 $218,953.44 $195,512.91 $523,674.44 $11,751.88* $15,477.21 $27,060.11 $ 30,785.44 Purchcses 217 159.67 493 204.24 420 495.91 1,130,859.82 160 531.10 423 937.46 386 657.61 971 126.17 56 628.57 69 266.78 33 838.30 159 733.65 314,615.88 727,634.$9 $643,068.93. 1,685,319.70 269,739.19 642,890.90 - '$582,170.52 1, 9 ,800.61 ,876.69 84,743.99 $60,898.41 190,519.09 inventory- 159.154.78 262.339.27 256.880.07 678,374.12 115,037.65 223,447.86 223,713.23 562,198.74 44,117.13 38,891,41 33,166.84 116,175.38 GROSS PR 28,697.95 87,991.9 66,699.79 $183,389.68 $ 27,870.48 79,030.34 629478.99 $169,379.81 $ 827.47 $ 8,961.60 $ 4,220.80 $ 14,009.87 OPERATING EXPEt15 $ 14,212.17 $ 23,908.70 $ 20,833.63 $ 58,954.50 $ 15,027.30 $ 21,813.90 $ 19,484.92 $ 56,326.12 $ 815.13* $ 2,094.80 $ 1,348.71 $ 2,628.38 Selling Overhead 6,729.08 4.92% 10,863.41 9,669.27 27,261.76 1.48 4,260.96 11,386.47 8,535.78 24,183.21 1.34 2,468.12 523.06* 1,133.49 3,078.55 Adrrinistroti.e 14,322.46 .61%* 17 208.71 15 P 797.11 47,328.28 13 045.87 15,378.82 13 720.14 42,144.83 1P276.59 1,829.89 2 076.97 5,183.45 TOTAL OFmAI$ 35,263 71 $ 51,980 82 46,300.01 $133,544.5 32,334.13 $ 48,579.19 41,740.84 122,65 .16 2,929.58 $ 3, 01.63 $ ,559.17 $ 10,890.38 EXPEN'. NET OrEFUf !6,565.76* $ 36,011.12 $ 20,399.78 $ 49,845.14 $ 4,463.65 *$ 30,451.15 $ 20,738.15 $ 46,725.65 $ 2,102.11* $ 5,559.97 $ 338.37* $ 3,119.49 PROFIT OTHER INCOME: Cosh Discount $ 3,454.15 $ 8,277.79 $ 6,986.05 $ 18,717.99 $ 2,326.30 $ 5,787.85 $ 5,556.20 $ 13,670.35 $ 1,127.85 $ 2,489.94 $ 1,429.85 $ 5,047.64 Cosh over or uide 30.14* 73.48* 128.95 25.33 11.46 26.81* 47.86 32.51 41.60* 46.67* 81.09 7.18* Income on in.estm 1_0_ -0- 518.75 518.75 518.75* .518.75* Other 281.28 281.28 492.06 492.06 210.78* 210.78* Net Profit 2,860.47* ,215 43 • 27,514.78 68,869.74 1,115.08 *$ 36,212.19 26,342.21 + $ 61,439.32 1,745.39* $ 8,003.24 ' $ 1,172.57 7,430.42_ PERCENT TO NET S Gross profit '15.58% 15.90% 14.73% 15.41% 15.27% 15.85% 14.84% 15.37% Operating a ■pensa 19.15 9.39 10.22 11.22 17.71 9.75 9.92 11.13 Operating p'ofit 3.57% 6.51% .51% 4.19% 2.44% 6.10% 4.92% 4,24% Other inccme 1 2,01 1.48 1.57 1.60 1.83 1.16 1.34 1.34 Proi1e.' 1.56% 7.99% 6.08% 5.79% .61%* 7.26% 6.26% 5.58% A L.. MEMORANDUM Date: . May 22, 1978 To: Mayor and Council From: Kenneth E. Rosland Re: Prosecuting Attorneys Since there has been some discussion regarding possible conflicts of interest with our prosecuting attorneys, I have taken the following action. I have met with both Greg and Walter Gustafson and have outlined that they must at all times submit to the City Manager's office information in regard to what clients they are representing that will have dealings with the City of Edina. Attached is a letter that Greg Gustafson has sent me regarding projects, some of which are past, that have come to the Council's attention. Walt Gustafson called me to ask if he should be on the lawyer's list for Judge Riley. I suggested that he not back any judges as this might put him in a difficult spot representing the City at a later date. He did comply with my request. KR:md z -- GUSTAFSON. GUSTAFSON & ADAMS. P. A. ATTORNEYS AT LAW SUITE 411 HARRY GUSTAFSON WALTER C. GUSTAFSON MICHAEL J. ADAMS GREGORY D. GUSTAFSON IMARK O. OHNSTAD JOHN M. BUJAN RONALD L. SNELLING April 10, .1978 Mr. Kenneth E. Rosland City Manager Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 Dear Ken: 7400 METRO BOULEVARD MINNEAPOLIS. MINNESOTA 66436 TELEPHONE (612) 836 -7277 This letter will advise you of the matters with which I am involved which are presently pending or may possibly become pending before the Edina City Council: 1. The Jerry Paulsen project, of which you are, I believe, aware, is proceeding apace. It is my present understanding that my activity on behalf.of Jerry Paulsen has been completed. I will advise you if any further activity by me is requested by Mr. Paulsen. 2. Edina Development Associates - Braemar Hills 9th. This project has now been successfully replatted. I will be involved in certain efforts to incorporate the subject property within the Edina School District, which efforts have been commenced by my client. 3. Halla - Kerr proposed project. I represent Don and Dave Halla, owners of the vacant land located adjacent to the Perkins site. I have been involved in negotiations with the Hallas and Mr. Norman Kerr regarding a proposed project to be constructed on said vacant land. If this project proceeds, I anticipate I will represent the developers in their efforts to obtain the requisite zoning and platting approvals to develop this site. 4.• I believe you are aware, that I both represent and am a part owner in Aspen Construction Company, which recently purchased three lots from the City of Edina on a two year contract for deed. Mr. Kenneth E. Rosland Page 2 April 10, 1978 S. One of my clients, William Pearson, is involved with Mr. Frank Cardarelle and a third party in a proposed rezoning and replatting of certain property located on Vernon Avenue adjacent to the Crosstown Highway. To -date, I have not been asked to represent any of these parties in connection with said development, although it is very conceivable that my opinion or involvement might be requested in the future. 6. Metro, Ltd. is a Cleveland limited partnership which owns the office building located at 7400 Metro Boulevard, having acquired said office building from my father's company, Grandview Construction Company, in 1976. I am presently representing Metro, Ltd. in connection with a tax protest of the real estate taxes due and payable in 1977 on the subject office building property. 7. Mark B. Nelson is being represented by me in connection with a rezoning and replatting matter which has been pending for nearly two years. Council approval has been given to this request and the matter is awaiting resolution of a torrens proceeding to clarify a title objection before the replat and rezoning can be completed. I have been in active contact with Tom Erickson regarding this matter. I actually consider this matter to be resolved except for the torrens proceedings, which should also be resolved by the end of this month. Walter, of course, has several clients who are involved with the City which he will relate to you by separate letter if he has not already done so. Ken, let me say that I certainly understand the position of both you and the Council relative to the concern_ that conflicts of interest be judiciously avoided. It is my strongly felt opinion that insofar as the representation of the City by our firm is limited to criminal matters, it is difficult to envision conflicts of interest existing where we represent a client whose sole contact with the City is of a civil nature. Nevertheless, I agree that the closest scrutiny is advisable and you have my assurance that every member of our law firm will continue to keep you apprised of any matters wherein we may be called upon to represent a client in connection with activities pertaining to the City of Edina. I hope that you will agree with me that the projects enumerated above are not such that a conflict of interest.should be deemed to exist. 14 Mr. Kenneth E. Rosland Page 3 April 10, 1978 If you have any questions or comments, of any nature, please do not hesitate to call me and I will be only too happy to answer any questions or clarify the situation. Obviously, if you do feel that my representation in any of the above enumerated instances constitutes a conflict of interest, I will immediately rectify the situation in whatever manner you deem appropriate. GDG:lmf Best personal regards, i GUSTAFSON, GUSTAFSON & ADAMS, P.A. Gregory Gustafson i J BACKGROUND INFORMATION Ij. ats G37 I� b� U o O PRECINCT °q a`�i V ° 43 0 1 0 H 2. City Half �g 39 �9..3 3.. Wooddale q --rningside 44, 4.3 lo D 5. Highlands 6. Countryside ID? 120 7. Normandale Luth. q7 ?1 13' Edina -East Lower }� 8. Division Bldg. 9. Concord 'r) 4"D D 10. Creek Valley 4_,d 110 D 4-) 11: Cahill %8 I D9' q4 Christ Presbyterian 4 2.142. 40 12. Church 13. Cornelia '� 'J 4 r7. St. Peter's 14. Lutheran Church Edina -West 15. bower Div. Bldg. � =� A Lutheran Church 6 / 17. of the Master Chapel Hills "' v 19. Church TOTAL -I ats G37 I� b� REQUEST FOR PURCHASE TO: Mayor and City Council. FROM: Mark Bernhardson •" VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: June 5, 1978 Material Description (General Specifications): 3/4 Ton Pickup - Replacement for wrecked vehicle - Public Works Quotations /Bids: Company Amount of Quote or Bid — -. -- Freeway Ford - - -- -- - -- - - - - -. _._.. . . $4824.00 - - 2. North Star Dodge 3. 4,689.49 Department Recommendation: Recommend award quotation to Freeway lEord as we have not had good success with the Dodge pickups purchased the past few years and feel the difference is compensated by better Ford performance. Signature Department Finance Director's Endorsement: The recommended bid isis not 0 within the amount (ha,j, for the purchase. J. N. Dalen Finance Director City Ma er's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: City Manager IV, I NY, W '14W 10111 TO: Kenneth Rosland FROM: Gordon L. Hughes SUBJECT: Board of Appeals Action Regarding 4246 Grimes Avenue On May 15, 1978, the City Council requested that I supply an explanatory memo regarding a requested variance for the above referenced address. The subject property is a-100 foot by 140 foot single family lot located in Morningside. An existing dwelling is located on the northerly one -half of the lot. The owner requested permission to construct a second dwelling on the southerly one half of the lot. Staff advised the owner that 1) the.property must be subdivided into two lots and 2) a variance must be obtained for the construction of a dwelling on the second lot due to lot area, lot width, front yard setback, and lot coverage inadequacies. Due to the number of variances required, I believed it appropriate to present this request to the Board of Appeals prior to submitting a subdivision to the Planning Commission and Council. The reasons for this were twofold. First, the subdivision procedure results in a rather substantial cost to the property owner. Such costs include City fees, parkland dedication fees, surveyor fees, and filing fees. If the owner were to plat the property first and then be denied variances by the Board of Appeals, he would have incurred substantial costs for naught. Secondly, if the City approved a requested subdivision and thereby created a lot, it may then be encumbent upon the City to grant variances and a building permit for the development of the lot. The subdivision action may then tend to abrogate or compromise the abilities of the Board of Appeals to control the development of this site. -On May 15, the Council also discussed the possibility of simplifying the subdivision and /or variance procedure for situations such as the aforementioned. Legal counsel has opined in the past that the duties of the Board of Appeals cannot be supplanted by another body (the Council, of course, can overrule the Board on appeal). Also, City ordinance states that the platting procedure (i.e. public—hearings, hardshells and linens, etc.) must be followed whenever a new lot or plot is created. The lot division procedure (i.e. no public hearings or hardshells and linens) may be used only when no new lot is created. The lot division procedure is presently used only for splitting existing duplex lots and for realigning existing lot lines. Memorandum Kenneth Rosland Page Two May 22, 1978 Perhaps the only way to simplify and reduce the cost of the process for the developer would be to allow the use of a simple lot division rather than the platting process in some cases where a new lot is created. I would not recommend this approach for the following reasons: 1) The lot division-procedure does not provide for public hearings prior to the division. The Council simply acts by resolution at the meeting following Planning Commission action. Thus, due process and adequate public notice and input would not be achieved and I believe the City would be subject to criticism. 2) Following a lot division, the resolution of approval is simply filed with Hennepin County. Such divisions are not shown or delineated on official half section maps of the County.or any other map as are.plats.-.Therefore, the only way to determine if a division has occurred is to examine the tax records of the site. This not only creates problems for the City when we attempt to ascertain the status of a certain lot for planning purposes as well as special assessment purposes, but it also can be very misleading to prospective home buyers and other citizens. Such persons usually only review official, maps and half sections to determine the extent of possible future construction in their neighborhood. For example, according to official maps, the Blake and Belmore area of the City is platted. into 100' x 200' lots. However, due to past lot divisions, many of these lots have been sub- divided into substantially smaller lots which are not apparent to the general public unless tax records are examined. 3) In connection with the above, simple lot divisions are delineated by a metes and bounds description. Therefore, parcels of property created by such a process are not described by lots and blocks as in plats, but by legal descriptions that are often quite lengthy and confusing. In instances in the City, we find lot divisions of previous lot divisions. Therefore, we have metes and bounds descriptions based on metes and bounds descriptions. A very simple transposing error in such descriptions can cause extremely serious legal problems not only for the City, but for the property owner as well. Memorandum Kenneth Rosland Page Three May 22, 1978 4) Due to the diminishing supply of land in the City, we will be receiving more and more requests for the sub- division of existing and developed lots. For example, we received more applications for subdivision in 1977 than in any year since 1964. I expect that this trend will continue. Due to the "fully developed" nature of . the City, such subdivisions are becoming increasingly controversial. For example, the Planning Commission recently denied the creation of a 30,000 square foot lot in Rolling Green because of insufficient lot area and neighborhood concerns. Also, private deed restrictions regarding subdivisions are playing an increasing role in the platting authority of the City (e.g. Rolling Green and Prospect Hills). Therefore, I believe that each future subdivision must be examined very carefully and every effort made to involve the public in such decisions. I believe they can only be achieved by the platting procedure. Conclusion Unfortunately, the platting process results in a greater cost and longer proceeding for the developer as compared to the lot division process. In my opinion, however, the long term benefit to the Cityi and affected property owners justifies this initial cost. GLH:ks cc: Mayor and Council REQUEST FOR PURCHASE TO: Mayor and City Council* FROM: Gene Bartz VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: .Tune 2, 1978 Material Description (General Specifications): Threading Machine with Automatic Chuck -1y V Quotations /Bids: Company Amount of Quote or Bid Olsen Chain & Cable Co. $1,291.00 2. Kilmartins's Tool House, Inc. 3. United Electric Company 1,465.40 4. Williams Hardware Company 1,425.40 Department Recommendation: Recommend low bidder, Olsen Chair & Cable Company 11 -Gtr Public Works Signa a Department Finance Director's Endorseeis The recommended bid is not within the amount bud for the purchase. V . N. Dalen inance Director City Manager's Endorsement: !� 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth Rosland - City Manager a E VILLAGE flr EDINA ' REQUISITION NO. PURCHASE - REQUISITION _1 DATE 197/ DELIVER MATERIAL TO: �� �Lw ��S 3` MATERIAL NEEDED BY: _ P.O.NUMBER SUGGESTED SOURCE OR USUAL SOURCE: DESCRIPTION I UNIT PRICE I / Awl PREPARED BY:� %�/I.LL�77/. APPROVED BY: DEPARTMENT HEAD w AMOUNT I CHARSE ACCT. ,/,? so DO NOT MARK ?N THIS SPAC RECEIVED 9 APP�iE. P''aING DEPT. RUSLE Tool Specialis ts in Contractors Tools Sales a Repairs • Rental Equipment a Threading Equipment a Bending Equipment Anchoring Equipment a Power Hand Tools a Welding Supplies a Portable Hoisting INVOICE NO.11716 2845 — 16th AVE. SO. — MINNEAPOLIS, MINN. 55407 P•O.BOX7274 TEL. 721'•6594 521 — 2nd AVE. N.W. — ROCHESTER, MINN. 55901 TEL. (507) 288 -0252 S S O H �'/ SD I (o - �iv�- ' D p T �' T INVOICE DATE CUSTOMER ORDER NO. SALESMAN I SHIPPED VIA QUAN. BACK QUAN. OFFICE ORD. OR O. IPPED DESCRIPTION r,, _ n n _ W/ n_ .O.B. UNIT PRICE TOTAL PRICE % DISC. NET TOTAL /0 Terms 1% 10th Prbx. on Sub -Total Only SUB -TOTAL RECEIVED BY THANK YOU! SALES TAX Freight X Parcel Post ❑ U.P.S. ❑ Prepaid ❑ NO CLAIMS OR RETURNS ALLOWED AFTER TOTAL 5 DAYS OF RECEIPT OF SHIPMENT WITH- OUT AUTHORIZATION. Everything We Sell We Service • With Care We Repair J i ' WASHED SAND AND GRAVEL BITUMINOUS AGGRnvr - -+-cS FILTER MATERIAL, GRAVEL BASES grQg�re,�,�h PRODUCERS OF QUALITY MATERIALS Phone 423 -3794 Lakeville, Minnesota WASHED SAND AND GRAVEL BITUMINOUS AGGREGATES 4 FILTER MATERIAL GRAVEL BASES (ggrf' get teol' PRODUCERS OF QUALITY MATERIALS Phone 423 -3794 Lakeville, Minnesota 1 t /a REQUEST FOR PURCHASE 0: Mayor and City Council. ROM: Bob Kojetin, Director of Park and Recreation Department IIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 . )ATE: June 1, 1978 4aterial Description (General Specifications): ' Grading of Lake Edina Park - $2,000. Quotations /Bids: Company pnount of Quote or Bid 1. Veit and Co. 45.00 /hourly 966 loader 36..00 /hrly Motor Patrol 50.00 /hrly D6D Dozer 2. 65.00 /hrly •D8K Dozer 3. Matt Bullock Contracting Co. 42,00 /hr 32.00 /hr X0.00 /hr 63.00 /hr Department Recommendation: Matt Bullock Contracting Co. 966 loader caterpillar- D6D dozer D8' Dozer Park and Recreation Department Finance Director's Endorsement: The recommended bid isis not Q within the amount b e Mor t he purchase. N. Dalen Finance Director •City "anager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth k6sland City. Manager 1 Ilea aad eomAa" lac. EXCAVATING CONTRACTORS Office Telephone 7900 NORTH LAKELAND AVENUE 425 -2186 MINNEAPOLIS, MINNESOTA 55445 DATE MAY 22, 1978 T0: EDINA PARK & RECREATION DEPT. PROJECT: EQUIPMENT RENTAL QUOTE BID: 966 LOADER MOTOR PATROL D6D DOZER D8K DOZER VEIT & COMPANY.9 NC. VAUGHN�EIT ACCEPTED BY: 45.00 PER HOUR 36.00 PER'HOUR 50.00 PER HOUR 65.00 PER HOUR WWI Shop Telephone 425 -2187 ..i • - MATT BULLOCK CONTRACTING COMPANY, INC. 12403 85th Avenue North, Osseo, Minnesota 55369 Phone: 425 -5123 May 23, 1978 TO: CITY OF EDINA PARKS AND RECREATION DEPARTMENT RE: RENTAL RATES CATERPILLAR 966 FROI4T END LOADER - $h2.00 /hr. CATERPILLAR # 12 BLADE - 32.00 /hr. D6 -D DOZER - D8 DOZER - MADISON H. BULLOCK,President MATT BULLOCK CONTRACTING CO. .$ INC. 12hO3 85th Ave. N. Osseo, I4innesota, x,369 MJM /vb 50.00 /hr. 63.00/hr. 0 REQUEST FOR PURCHASE TO: Mayor and City Council FROM:* Fran Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: May 30, 1978 Material Description (General Specifications): -F Contract #77 -12 Storm Sewer and Creek Bank Repairs - 55th and Zenith - Minnehaha Creek (Contract item change) Quotation /Bids: Company 'Amount of Quote or Bid 1. Viking Fence $2,786.00 2. Larry's Landscaping $3,360.00 3. Department Recommendation: Viking Fence $2,786.00 with $975.00 deduct from present contract Public Works and Engineering Signatur Department Finance Director's Endorsement: The recommended bid is s not Q within 'the cammoou budgeted for the purchase. N. Dalen inance Director City Manager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth os an City Manager REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Fran Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: May 30, 1978 Material Description (General Specifications): 16 - 6" Watermain Gate Valves, complete with accessories Quotation /Bids: Company 1, Water Products Company 2. Goodin Company 3. Diversified Piping Incorporated Department Recommendation: Water Products Company -Amount of-Quote or Bid $2,242.00 $2,295.36 $2,432.00 $2,242.00 Public Works SignatuW Department Finance Director's Endorsement: The recommended bid is _'E�s not Q within th amp budgeted for the purchase. . N. Dalen inance Director City Manager's Endorsement: �1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: ennet s an City Manager REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Rick Jacobson, Assistant Director, Park and Recreation Department VIA: Kenneth Rosland, City Manager - SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: May 18, 1978 Material Description (General Specifications): resurfacing of W.doubles tennis courts Quotations /Bids: Company �. Tennis West Ltd. 2. Action Courts 3. C & H Construction 1//e -Zer Department Recommendation: Tennis West Ltd with the lowest bid at $2,14$.00 gna .mount of Quote or Bid $2,148.00 2,160.00 2., 232.00 / partment V Finance Director's Endorsemen The recommended bid is is not within the amount b g e -for the purchase. J. N. Dalen Finance Director City Manager's Endorsement: '.1. 1 concur with the recommendation of the Department and recommend Council approve the purchase. 2. 1 recommend as an alternative: Kennet Rosland City Manager Proposal Proposal No.TC -78 -054 TENNIS WEST LTD. FROM FINLEY BROS. ENTERPRISES Shoot No.1 of 1 3860 NORTH SHORE DR. MOUND, MN. 55364 Date 4 -28 -78 PHONE (812) 471 -7049 Proposal Submitted To Work To Be Performed At Name Edina Park & Rec. Dept. Street Weber Park 42nd. & Grimes Street 4801 W. Fiftieth St. City Edina State Mn. Date of Plans 4 -24 -27 Architect R. Jacobson & R. Finley City Edina State Mn. 55424 Telephone Number 927 -8861 We hereby propose to furnish all the materials and perform all the labor necessary for the completion of the repair and resurfacing of an existing battery of two (2) doubles tennis courts at the above noted location. Work to comply with the following specifications: (1) Flood, riark, and patch with 900 -20 Filler Coat patch mix all bird Laths' to within 1/8" tolerance. 2) Fill major cracks with 900 -20 Filler Coat blk. 3 Apply min. three 3 coats 900 -20 Filler Coat blk. Apply min. two 2 coats 920-04 Deco Color red & Green 5 2 white playing lines masked & brush painted. All material is guaranteed to be as specified, and the above work to be performed in, accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars 1$2,148.00 1. with payments to be made as follows: NET UPON ACCEPTANCE AIM COMPLETION Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will -become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by FINLEY BROS. ENTERPRISES Respectfully submitted J)A Per TENNIS WEST LTD. Note — This proposal may be withdrawn by us if not accepted within 30 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature TOPS FORM 8450 Q LITHO IN Y. •. A. Y 4785 DODD RD. 9 EAGAN, MINNESOTA 55123 • PHONE 454 -3552 April 21, 1978 Mr, Rick Jacobson Recreation Department 4801 West 50th Street Edina, MN 55424 Dear Mr. Jacobson: Thank you for all the work we did with you during the summer season of 1977. I am writing you in regards the tennis courts at Webber Park (42 & Grimes) . We will surface these courts following these specif- ications: 1. The court will be cleaned of all surface dirt.and loose tennis court materials. All cracks should be cleaned out and filled with tennis court resurfaces. 2. All bird -baths over 1 /8th inch deep should be filled with resurfacer. Then tennis courts should be surfaced with Laykold G -6, or an approved equal. 3. Color(s) shall be of your choice. Lining will be done following specifications from the United States Tennis Court & Track Builders Association. We will do the above work for the sum of $2160.00 We have examined the play areas and we do not feel that these should be surfaced so we are not including with this quote. We hope to be hearing from you soon in regards tothis matter. Sincerely, ACTION C URTy , INC. V�� l Al Harp President AH:jj _ ACCEPTANCE U C & H Construction SAVAGE, MINNESOTA OFFICE: 612 890 -6642 Edina Recreation Department 4801 west 50th Street Edina, Iiinnesota 55424 Mr, Jacobson; Quality and Dependability LARRY CARLSON RES. RR 2, BOX 238A LONSDALE, MINN. 55046 PHONE 507 744 -2824 April 25, 1978 Upon examination of the courts at G.eder Park, C & H Construction would *)ropose the following work to be done; 1. Clean surface. 2. Open cracks, removing loose material. 3. Prime complete area. 4. Patch low area^ of denth and fill cracks. 5. Comnact patching and blend to existing surface. 6. Apply two filler coats to entire area and roll surface. 7. Apply o.-.e colored textured coat. 8. Apply one finish color coat. 9. Apply two inch white playing lines. All material used would be of the highest quality. These materials would be Lakold, Flintkote, or A1- Chroma, and would carry a ope year warranty. This job would be done at a price of $2,232.00. Th k you, Larry Carlson C & H Construction TENNIS COURTS • LANDSCAPING • SNOW PLOWING 0 SEAL COATING REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Bob Kojetin, Edina Park & Recreation Director VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: May 17, 1978 r Material Description (General Specifications): ' Replace and repair water pipes at Edina Municipal Pool Bath house. Quotations /Bids: Company le Richfield Plunbing 2• Carlson Pluming 3. Department Recommendation: Amount of Quote or Bid -not to exceed $2,500.00 not to exceed $4,500.00 Recommend award to Richfield.PluAing, price not to exceed $2,500.00 Sig t re Department Finance Director's Endorsement: The recommended bid is VEIj s not= within the amount bu for the purchase. J. N. Dalen Finance Director City ager's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth Rosland City Manager REQUEST FOR PURCHASE TO: . Mayor and City Council FROM: Fran Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: 5/26/78 O-A Material Description (General' Specifications): Contract #78 -6, #78 -7 (Eng) Improvement No. BA 204A Permanent Street Surfacing and Concrete Curb and Gutter Improvement No. St.S - 145A Storm Sewer, Sanitary Sewer Repair and Watermain Alterations Location: Morningside Area, Edina, Minnesota Quotation /Bids: Company Amount of Quote or Bid 1. See attached sheets 2. 3. `. Department Recommendation: Bury and Carlson - Proposal "A° $1,299,673.45 G.L. Contracting - Proposal "B" $. 228,603.10 - / $1,528,276.55 / Engineering Signature,-,' Department Engineering Estimate ---------- - - - - -- ($1,538,485.75) Finance Director's Endorsement: The recommended bid is is not 0 within the amo budgeted for the purchase. . N. Da en finance Director City Ma ger's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: Kenneth Ros an d - Cal City Manager 4w r BID TABULATION CITY OF EDINA, MINNESOTA CONTRACT #78 -6, #78 -7 (ENG) IMPROVEMENT NO. BA 204A PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. ST.S - 145A STORM SEWER SANITARY SEWER REPAIR AND WATERMAIN ALTERATIONS BID OPENING: FRIDAY,-MAY 26, 1978, 11:00 A.M. LOCATION: MORNINGSIDE AREA, EDINA, MINNESOTA " 94 s� � BIDDER BID AMOUNT PROPOSAL "A" BID AMOUNT PROPOSAL "B" Bury and Carlson $1,299,673.45 ------- - -- --- C.S. McCrossan $1,353,347.00 ------- -- - - -- Minnesota Valley Surfacing $1,402,409.00 --- -- -- - - - --- G.L. Contracting ------- - - - - -- $228,603.10 C.W. Houle ------- - - - - -- $253,174.50 Orfei and Sons ------- - - - - -- $255,874.59 Engineer's Estimate $1,317,638.50 $220,847.25 ca WHERE GOOD TIMES BEGIN EU8*hINA SENIORS NEWS EDINA SENIOR CITIZENS COMMUNITY CENTER 7181 YORK 833 - 2999 927 -8861 Number 9 JUNE NEWSLETTER June 1, 1978 HAPPY BIRTHDAY! JUNE BIRTHDAYS! MONTHLY REVIEW Ruby Rozell 1 Evelyn Adcock 18 H. J. Zelgart 1 Josie Forder 18 Lillian Levering 4 Gladys La Mere 1.8 Othilya Ohlson 4 Perle Rodger 18 Esther Selberg 4 June Scott 18 Victor Fakler 5 Dorothy 18 James Rutherford 6 Minnie Anderson 21 Frank Verhota 6 Selma Wood 22 Laura Watzl 6 Don Ruti.shauser 23 Marguerite Rixe 7 Hannah Peterson 24 Alice Stephenson 8 Iva Bigelow 25 Amy Carlson 9 Elizabeth Anderson 26 Lillian Larch 10 Ellen Rasmussen 10 June White 26 Ann Salovich 11 Opal McCormick 27 Violet Roblin 12 Albert Woodbury 27 Maxine Wilson 12 Winifred Merchant 28 Laura Christianson 13 Elizabeth Johnson 29 Maurice Austin 14 'M.Ethel Rasmussen 29 Floyd Pearson 14 May Weeding 29 Lottie Bongartz 17 Lina Lawrence 17 PLEASE NOTE! Beginning with June, the Center will close at 9:00 p.m. on Thursday nights. * * * On our Calendar we have listed Saturdays and Sundays only once inasmuch as they do not vary in activities listed. CONGRATULATIONS TO THEA AND PETER ALNES WHO WILL CELEBRATE THEIR GOLDEN WEDDING ANNIVERSARY ON JUNE 11: Tuesday, June 6 - 8 -Ball Tournament at Creekside 9:00 *Health Program -Blood Pressure 10:45 *DIXIE JUBILEE - 1:00 Thursday, June 8 - *Library Program- Ventriloquist 12:45 Friday, June 9 - *Picnic at Wood Lake 11:00 Tuesday, June 13 - Sr. Club Business Meeting 1:30 Speaker, Sam March of Metropolitan Senior Federation Wednesday, June 14 - *Chanhassen FIDDLER ON THE ROOF 11:30 Friday, June 16 - Sr. Club Ilonors All June Birthdays 1:30 Monday, June 19 - *Dinner and Drive to Country House 3:45 Tuesday, June 20 - *Bridge Exchange 1:00 Tuesday, June 27 - Sr. Club 1:30 *Health Program followed by B - - -- Thursday, June 29 - *Trip to Zoo 10:15 Friday, June 30 - *Picnic at Eloise Butler Park 11:00 *Refers to "Special Events" UPCOMING EVENTS July 13 Outdoor Mixer July 14 Picnic At Lake Cornelia July 18 ,Bridge Exchange At Richfield July 19 ; lyl - t� ?:ry a 1, j (' I July 24 Fishing At Trout Aire July 27 Summer Celebration OUR SPECIAL PEOPLE 9 Jeff has participated in the WALK FOR MANKIND for the past three years. May 13th he walked a total of 6 -1/2 miles, which is fantastic for an 88 year old! We are happy and proud of you, Jeff. P.S. Oh, yes! Jeff has one artificial limb. Thank you, Irene Russell, for the many hours you put in typing this monthly publica- tion. We couldn't do it without you. Many thanks to those of you who worked so hard for the Rummage Sale, April 22d. We raised $299.85 and put in 136 hours: Ruby McLaughlin Alma Prehn Hannah Lyslo Hazel Osborn Jo Wolfe Helga Justad Isabel Bowman Isabel Gould Muriel Cords Mary Anderson . Irene Russell Stella Gromek Laurette Scholz Virginia Kolsrud Marie Kinney George Gromek Jeff Farmer Ruth Allen Hilda Swendsen Margaret Herrmann Ella Cannon Ann Salovich r rrYYYrYr�crr Yrrrrff, ( r rrrr Yrrr�c'r�cYrrrrr rY Following our next business meeting, June 13, Sam *larch will talk to us about the very important things available to us as members of the Metropolitan Senior Federation. They are having, some success with their Dental Program and Sam will probably talk about that, as well as. other programs of interest to seniors. He will also be glad to answer any of your questions regarding Federation programs. After our birthday party in June we will have Chuck Anderson here, who will tell us all about the new Zoo. He will also show some slides. That should really stimulate interest in signing up for the trip to the Zoo on June 29th. We really want to thank all the seniors who have been so willing to help us as recep- tionists. It really helps to have someone at the door to answer questions and give directions. Thanks also to the volunteers who are helping with the coffee making and refreshments. M (� .,'�(.�cL,f FLOWERS, PLANTS, GARDENING The Edina Garden Club is interested in doing some programs for us! They would like to know what sort of programs you'd be interested in. Is it flower drying, flower arrang- ing, garden tins? If you have a special interest, bring in your suggestion and give it to Sue or Annette. MAY 6 POOL EXCHANGE 1st - Ed Anderson 2nd - Karline Consolation - Robbins 500 TOURNAMENT APRIL 25 1st - Carl Hedstrom 2nd - Helen Greer 3rd - Julia Swant -cr- EDINA SINGIN' SWINGIN' SENIORS April was an exciting month for the Edina Swingin' Singin' Seniors! We entertained at the Augustana Nursing Home. The light in their eyes and the smiles on their faces were worth all the hours of practice. The Church of the Good Shepherd treated us royally with delicious refreshments. They said we were special and enjoyed our enthusiasm. The children at the Agassiz School were a lively group. During our "Doggie in the Window" act, they almost stopped the show with their barking! We sang for the "Young at Heart" Group at Mt. Olivet Lutheran Church. They said they. enjoyed our little skits. Don't forget June 6th -- lie entertain here at the Center with our "Dixie Jubilee Show." Ya' all come! We need more male singers. rni?RFr'rTnN Roaul Holt 6220 Logan Ave. Edina, Minn. 866 -5374 JOB OPPORTUNITY North Star Driving School is looking for classroom driving instructors. You would be teaching at various lo- cations throughout the Twin Cities Area. If interested, call: 537 -5010 827 -3610 and ask for Dave Gantner or Lee Whited. Reporter HELP WANTED A senior resident of Edina needs someone to take care of his yard this summer. The first week would require about 4 -8 hours and thereafter about 3 -4 hours per week. In return for the work he will pa7:- a small salary and provide transportation to and from his home. If you are inter- ested, please contact Cecelia Smith at 835 -2999. Need housecleaning help once every two weeks. Call 830 -1416. Persons interested in being Senior Companions for part -time work - Call Homemakers Upjohn 920 -9667. special events a _ DIXIE. JUBILEE The Swingin' Singin' Singers have put together another marvelous program, which they will be performing on Tuesday, June 6, at 1:00 p.m.- The program includes numbers from SHOWBOAT and other southern favorites. Come and enjoy this talented group, their music and southern treats. k LIBRARY PROGRAM Thursday, June 8 Leave Center 12:45 No cost Return to Center 3:30 Surprise! We are fortunate to be having one more program from the Edina Community Library. This program will be by a Ventriloquist, David Sleeper and His Dummy, Wally Cooper. They will entertain you with their hilarious adventures. Coffee and cookies will be served by Friends of the Library. Sign up.with sue. We would love to have you join us. a CHANHASSEN - FIDDLER ON THE ROOF Wednesday, June 14 12:00 noon - 5:00 p.m. Cost $11.00 What a delightful way to spend an afternoon! The Chanhassen Dinner Theatre is always a great experience, with an enjoyable meal followed by an always spectacular produc- tion. You won't want to miss this favorite musical love story staged in Russia around the turn of the century. FIDDLER ON THE ROOF has been one of the most popular and loved productions at the Chanhassen. DINNER AT THE COUNTRY HOUSE Monday, June 19 Cost $1.50 Leave Center 3:45 p.m. Return to Center 7:00 p.m. The Country House in Plymouth has invited us for dinner at a 15% discount. Prices for dinner range from $4.75 to $19.78 (which is a dinner for two). Entertainment will be provided before and during dinner. Join us for a nice drive through the Lake Minnetonka area, dinner and entertainment. Sign up with Sue before June 15. more s ecial vents BRIDGE EXCHANGE If you're a bridge player, this is for you! Edina, Bloomington and Richfield have joined together and organized monthly bridge exchanges. They will be the third Tuesday of each month. These won't be tournaments for now, but door prizes will be given away. If there are enough requests the day of the exchanges, the group can be divided into two levels. The cost to play will be 50C, which covers prizes and refreshments. The first exchange is at Edina on Tuesday, June 20 from 1:00 to 4:00 p.m., and the exchanges will rotate between.the different centers each month. If you're interested in joining us on June 20, sign up with Sue or Annette as soon as possible, because each center is limited to 24 participants.. PICNICS IN THE PARKS Friday June 9 - Wood Lake Friday June 30 - Eloise Butler Cost $3.00 _ Cost $1.50 Kentucky Fried Chicken - Bag Lunch Here's your chance to tour and enjoy the beauty of the different parks in the Twin Cities area! Reserve the second and last Friday of the summer months for these short ventures. Some of the picnic lunches may be carry -out food like chicken, or they may be bag lunches. This will cause the cost to vary with each trip. Bloomington and Richfield will be joining us, so pick -up times will also vary -according to which group is picked up first. In case of rain, you will be notified of .the cancellation by 10:30 on that day. The first visit will be on Friday, June 9, and we will be going to Wood Lake in Richfield. The cost will be $3.00, which includes transportation and Kentucky Fried Chicken. Beverage will also be provided. The bus will leave Edina at 11:15 a.m. and will return at about 2:30 p.m. On Friday, June 30, Picnics in the Parks will be taking us to the beautiful Eloise Butler Gardens. This trip will involve each person bringing a bag lunch and taking advantage of a picnic area. The cost for this trip will be only $1.50.for transporta- tion. The bus will be leaving at 11:15 a.m. and returning about 2:30 p.m., again according to which group is picked up first. The beverage will not be provided. Check your calendars for these dates, June 9 and 30, and make.your reservations early, because each center is limited to 15: - NEW Z00 Thursday, June 29 Leave Center 10:15 a.m. Cost $3.25 (includes transportation & entry fee) Return to Center 3:45.p.m. This is the trip you've been waiting for! We'll leave here early enough so you can browse before lunch. The Zoo has snack bars, a Dairy Queen.Restaurant and there are picnic tables available so you may bring your own lunch. You'll be on your own to discover and enjoy the animals in our long awaited zoo! lie will be leaving the grounds promptly at 3:00. Sign up with Sue by June 23d. Hope you don't miss this one! JUNE SENIOR - HEALTH PROGRAM 'G Would you like to learn to take your own Blood Pressure? We may have just the program for you! . A three -hour class co- sponsored by the Bloomington Division of Public Health and the American Red Cross will be held to teach persons over 55 how to take their own blood pressure. Each class will run from 10:30 a.m. to 12 noon and 12:45 p.m. to 2:00 p.m. The first section of the class is spent reviewing the book and the last section is spent applying learning. (Remember, if you want lunch, call to make separate reserva- tions with each Center.) There is a charge of $2.29 per person for the book which is used. Call the Creekside Health Office at 881 -5811, Ext. 318, to sign up for this class.re- gardless of which center you decide to attend. Class size is limited to ten per class, so hurry. r -� Tuesday, June 6th 10:30 a.m. Community Room Edina Community Center 7151 York Avenue South DID YOU KNOW THAT? A health program will be presented Tuesday, June 27, at 1:30 p.m. by the Bloomington Public Health Department in conjunction with-the Senior Club social meeting. This program will provide information concerning services that are available to you as a resident of Edina: Following this informative program B - - -- will be played. Rels;, le ATTENTION, VOLUNTEERS We cannot give you credit for your volunteer work unless you turn in your hours each month. Make sure Ruby McLaughlin receives your hours by the last week of each month. CONGREGATE DINING Anyone who would like Congregate Dining at the Edina Senior Center on weekends, please sign up there, in person or by phone. Claire Matthaei, Co- ordinator. 335_50.3q '\ („ i Anyone interested in taking a boat We need someone to water plants. If inter- ested contact Sue immediately. /���� trip down the St. Croix on the Jubilee in August contact Sue, 835 -2999. JUNE 1978 Thursday, June 1 Tuesday, June 13 Monday, June 26 9:00 -12:00 Blood Pressure 9:30 Shuffleboard 9:00 Golf at Normandale 12:00 Congregate Dining - 12:00 Cong. Dining- 9:30 Bowling Southdale Swedish Meat Balls Beef Patty 12:00 Cong. Dining - 2:00 Bowling at Biltmore 1:30 Sr. Club Business Meat Loaf Open tonight until 9:00 -Join Mtg. - Sam March Tuesday, June 27 us for cards and good conver- Center open until 8:30 9:30 Shuffleboard sation'. Wednesday, June 14 12:00 Cong. Dining - Friday, June 2 11:30 Chanhassen FIDDLER ON Baked Ham with 9:00 Bowling at Southdale THE ROOF (See Raisin Sauce 9:30 Shuffleboard Special Events) 1:30 Sr. Club - Health 12:00 Congregate Dining- 12:00 Cong.Dining -Roast Program - fol- Volunteer Recognition Turkey lowed by B - - -- Dinner -Baked chicken 1:30 Cards Open tonight till 8:30 All Saturdays - June 3- 10 -17 -24 Thursday, June 15 Wednesday, June 28 10:00 Bowling at Biltmore 12:00 Cong.Dining -Veal 12:00 Cong. Dining - All Sundays - June 4- 11 -18 -25 Parmesan Beef, Macaroni, 6:30 Cards 1:00 -3:00 Blood Pressure Tomato casserole Monday, June 5 2:00 Bowling at Biltmore 1:30 Cards 9:00 Golf at Normandale Open tonight until 9:00 pm Thursday, June 29 9:00 Bowling at Southdale Friday, June 16 10:15 Trip to new Zoo 12:00 Congregate Dining -Roast 9:00 Bowling at Southdale (See Special Events) .Turkey 9:30 Shuffleboard Return 3:00 1:00 Singers Practice 12:00 Cong Dining -Roast Beef Tuesdav; June 6 1:30 June Birthday Party Friday, _June 30 9:00 8 -Ball Pool Tournament at Slide presentation -Zoo Creekside Monday, June 19 9:00 Bowling at 9:30 Shuffleboard 9:00 Golf at Normandale Southdale 10:45 -2:00 Health Program - 9:00 Bowling at'Southdale 9:30 Shuffleboard Blood Pressure 10:00 A.A.R.P. Ex. Bd. Mtg. 11:00 Trip to 12:00 Cong. Dining -Pork Chops 12:00 Cong.'Dining- Spaghetti Eloise Butler (See Special Events) 3:45 Dinner & Drive to (See special 1:00 DIXIE JUBILEE (See Special Country House (See events) Events) Special Events) 12:00 Cong. Dining - Open until 8:30 p.m. Tuesday, June 20 Baked Fish Wednesday, June 7 9:30 Shuffleboard 12:00 Cong. Dining - Beef Stew 12:00 Cong. Dining -Baked 1:00 Basic Bridge (Final class) chicken 1:30 Cards 1:00 Bridge Exchange (See Thursday, June 8 special events) 12:00 Cong. Dining- Chicken Open tonight until 8:30 pm Stuffing Loaf Wednesday, June 21 12:45 Library Program (Ventrilo- 12:00 Cong. Dining Broiled quist (See Special Events) Beef Liver 1:00 -3:00 Blood Pressure 1:30 Cards 2:00 Bowling at Biltmore Thursday, June 22 Open until 9:00 p.m. 12:00 Cong. Dining - Tuna Friday, June 9 Macaroni Salad m 9:00 Bowling at Southdale 2 :00 Bowling at Biltmore ` •. 9:30 Shuffleboard Open tonight until. 9:00 11:00 Picnic in the Parks. Friday, June 23 (Wood Lake -See Special Events) 9 :00 Bowling at Southdale 12:00 Cong. Dining -Baked Fish 9:30 Shuffleboard Monday, June 12 12:00 Cong. Dining - Cold 9:00 Golf at Normandale Roast Turkey 9:00 Bowling at Southdale 1:00 A.A.R.P. Monthly Mtg. 12:00 Cong. Dining -Cold sliced M. Q. - ham fA•��® r . Address: 7400 Metro Boulevard - Edina, Minnesota 55435 Phone: 835 -7990 owner (s) Edina Place, Inc. - a Minnesota Corporation (as listed on the warranty deed) Robins, Davis & Lyons Address: 33 South 5th Street Minneapolis Mn 55402 Phone: 339 -4911 Buyer (s) Ryan Construction Company of Minnesota, Inc. (as proposed to be on warranty deed) Address: 7400 Metro Boulevard — Edina, Minnesota 55435 - Phone: 835 -7990 The original tract of land proposed to be divided is described as follows: •• See attached plat The following parcels will be made from the division of the above described tract of 'land: ' See attached plat Signature of Applicant CD YY I hereby certify that this is a true and correct representation of a survey of Uie lioiini:at tes of Lots 1.2 xid 3. Block 6. EDINA INTERCHANGE CENTER, according to tne lecoll:ed plat thereof. Hennepin County, Minnesota. Sunj ect to State Titink Highway No. 100 1 1Fht -oT'v,1V nacliments. I 1 '11" om 01 0 , , I111 arid of the location of all buildings lhereon and all V s Of e e r. said land. As surveyed by me this 22nd day of Match, 1978. � arty land , �J-v 0, • Mr nn. Reg. No. 5065 h. TRACT A PROPOSED LEGAL DESCRIPTION: TRACT B PROPOSED LEGAL DESCRIPTION: A l l t h a t p a r t o f Lots I and 2. Block 6 , EDINA INTERCHANGE C E N T E R , A l l t h a t p a r t of Lots I , 2 and 3. Block 6. EDINA INTERCHANGE according to the recorded plat thereof, Hennepin County, Minnesota, CENTER, accord i-ig to the recorde d plat thereof. Hennepin l y i n g n o r t h e r l y o f a l i n e d r a w n p a r a l l e l W i t h and 4 0 2 . 0 0 f e e t C o u n t y , M i n n e s o t a , l y i n g southerly of a l i n e d r a w n p a r a l l e l northerly of, as measured at right angles to, the southerly line with and 402.00 feet northerly of, as measured at right angles of Lot 3, said Bloc7k 6. to, the southerly line of said Lot 3. Subject Subject to State Trunk Highway No. 100. to State Trunk Highway No. 100. 164-78 BK. 288/38 T1 77"717i "-F� It I 114 mommmm MI /'fit R" - I �II � lot division Lots 1, 2, 3, Blk- 6, Edina Interchange Cen REQUEST NUMBER: LD-78-5 LOCATION: E. of Metro Blvd., W. of Hwy 100,S. of W. 74th & N of Edina Industrial REQUEST: niviae into two Int- yfflage, pJanninadepmrtment NORMANDALE GOLF COURSE COMMUNITY DEVELOPMENT STAFF REPORT May 31, 1978 LD -78 -5 Lot Division. Lots 1, 2, 3, Block 6, Edina Interchange Center. Generally located east of Metro Blvd., west of Highway 100, south of W. 74th Street and north of Edina Industrial Blvd. Refer to: Attached Graphic The proponents are requesting a lot division which would combine the subject three lots into two lots. The purpose of this division is to secure financing for the construction of an office building on one of the newly created lots. The proponents have indicated that at a later date, they will submit a plat for the property in order to clarify existing legal descriptions. Recommendation: Staff recommends approval of the requested lot division. GLH: ks 5/25/78 ' NZ lj/ If t il f -7 7q id No TRACT A 332,805 sq.ft 7.64 ac. "'90PO.". •0p, TRACT IIB' 274.711sq.ft. 6.30 ac. I G It WAY ass Cos J bb :11. O."t" -:11-t ft.st.s Coll. . od 1.10 @•.•t•. 1.0 el kmus Plt•- WLI fatom tjl.s S,s,•d -,:—'-A •4 mlas "a.. I•t NZ lj/ If t il f -7 7q id No TRACT A 332,805 sq.ft 7.64 ac. "'90PO.". •0p, TRACT IIB' 274.711sq.ft. 6.30 ac. I G It WAY ass Cos J a . . III. New Business: (5- 31 -78) LD -78 -5 Lot Division. Lots 1, 2, 3, Block 6, Edina Interchange Center. Generally located east-of Metro Boulevard, west of Highway 100, south of W. 74th Street and north of Edina Industrial Boulevard. Mr. G. Hughes explained the property presently exists as three separate lots and that the proponent is requesting permission to decrease the number of lots from three to two by combining them. He said the purpose of this request is that there is an office proposed for one tract of land and it will secure the financing for the construction. Mr. G. Hughes further said the property owner has agreed to come back after securing the finances for the pro- posed office building with a plat for the property clarifying the legal descrip- tion. There would be no required parkland dedication as the density was being reduced on the site. Mr. G. Hughes said staff recommended approval of the requested lot division. Mr. Runyan moved for approval of the request. Mrs. McClelland seconded the motion. All voted aye. Motion carried. • PETITION FOR LOT DIVISION • Date May 12, 1978• - Applicant: Gilbert A. Holmes - 93,3- 3 Address: 6444 Margarets' Lane, Edina,'Mn. 55435 Phone: 938 -3534 Actual Owner: G. A. Holmes Same as above.? Fee owner (s) Thomas -M. McCauley, 8256 Doug -las Cirrlp North; Rrnnklgn Park- Mn- 55445 (as listed on the warranty deed) Address: ------------ Phone: - - - - - -- - (as proposed to be on warranty deed) Address: Phone: The original tract of land proposed to be divided is described as follows: •• See attached Engineering Drawing The following parcels will be made from the division of the above described tract of land: See attached Plat - Signature of Applicant p � 1 I i i 4l,. Ur,uty Eat.eme.lt �� 535; �R.125.p � z.. 105.48 W _ INDIAN H ILLS ROAD DES CR I PTI ON: Easterly Parcel All that part of Lot 2, Block 4, McCAULEY HEIGHTS 3RD ADDITION, which lies Easterly of the fullowing described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100. 13 feet to the actual point of beginning of the line to be described; thence at a right angle Northerly, 57.63 feet; thence at a right angle Westerly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating. Westerly Parcel Lot 2, Block 4, McCAULEY HEIGHTS 3RD ADDITION, except all that part of said Lot which lies Easterly of the following described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100.13 feet to'the actual point of beginning of the line to be described; thence at a right angle Northerly, 57.63 feet; thence at a right angle �'lesterly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating. We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 28th day of April, 1978. EGAN, FIELD & NOWAK, I NC. Surveyors by � Cam,. %� , •_�,�. =:�;.� Minnesota Registration No. 9053 2171 -13 1 Mr- PROPOSED DIVISION PLAT FOR: G. A. Holmes 18594 . - 119.30 C1 1 O, N '' peca I 2 &IB — — _ v - - _ _ _ _ —55F63 / F r ID 00 / .I I , � I o J c7 -s N a Q tr o o. ' �. — 25.28 LU 3 a z / j o v ' DWELLING N Na 1 27.57 y4.3Z _j 1 zz.?3 ze. 57 --- •71 -- — — — 26.91 —: - k.� tr O 4l,. Ur,uty Eat.eme.lt �� 535; �R.125.p � z.. 105.48 W _ INDIAN H ILLS ROAD DES CR I PTI ON: Easterly Parcel All that part of Lot 2, Block 4, McCAULEY HEIGHTS 3RD ADDITION, which lies Easterly of the fullowing described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100. 13 feet to the actual point of beginning of the line to be described; thence at a right angle Northerly, 57.63 feet; thence at a right angle Westerly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating. Westerly Parcel Lot 2, Block 4, McCAULEY HEIGHTS 3RD ADDITION, except all that part of said Lot which lies Easterly of the following described line: Commencing at the Southwest corner of said Lot 2; thence Easterly along the South line of said Lot 2, a distance of 100.13 feet to'the actual point of beginning of the line to be described; thence at a right angle Northerly, 57.63 feet; thence at a right angle �'lesterly, 25.28 feet; thence at a right angle Northerly 54.27 feet to the Northerly line of said Lot 2 and there terminating. We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 28th day of April, 1978. EGAN, FIELD & NOWAK, I NC. Surveyors by � Cam,. %� , •_�,�. =:�;.� Minnesota Registration No. 9053 2171 -13 1 Mr- 1, LOCATION .. i lot division Lot 2, Blk. 4, McCauley Hts. 3rd REQUEST NUMBER: LI -78 -4 LOCATION: N. of Indian Hills .Rd., W of Margaret's Lane REQUEST: Party wall division of double bungalow vllltge pinnning de"riment village of edine COMMUNITY DEVELOPMENT STAFF REPORT May 31, 1978 LD -78 -4 Lot Division. Lot 2, Block 4, McCauley Heights 3rd Addition. Generally located north of Indian Hills Rood and..west of Margaret's Lane. Refer to: attached graphic The proponent is requesting a party wall division of an existing double bungalow. Individual sewer and water connections have been provided for each unit. Recommendation: Staff recommends approval of the lot division. GLH:ks 5/24/78 PROPOSED DIVISION PLAT FOR: G. A. Holmes ° 3 - 25.2> ;�' o Z 1 / j v N G Pat`Y yJnll DWELLING O B 0 �4CKro 1:85 94 LandscgPin9 P' ►.. op.p 90. _ - -- 34.32 _ - -- I. 4u 15= Area > 26.91 / lf1 x =. (• 1 ,S `' 119,.30 _ —,� �- lility EaSen;erf qo \ 5.35; R= 125.o / �, ., ''T"' 1 L= 38.95 z .W .z uu - H 1 LLS ROAD Z INDIAN �'' DESCRIPTION: 1' ";' za.�a. _ __ .- — — — 59.03— - � r M .I IJSm N. "J Z _ co N Q / o• $•25.'.pR J J - 0 � � V b firePlnrr� I .g7..., I W � ;ti d y g p i of ° 3 - 25.2> ;�' o Z 1 / j v N G Pat`Y yJnll DWELLING O B 0 �4CKro N Na 6812 P' 22.99 _. ' , 27.57 _ - -- 34.32 _ - -- I. 4u 26.91 lf1 x =. (• 1 ,S _ —,� �- lility EaSen;erf qo \ 5.35; R= 125.o / �, ., ''T"' 1 L= 38.95 z ,,� 105.48 .z uu - H 1 LLS ROAD Z INDIAN �'' DESCRIPTION: III. New Business: (5- 31 -78) LD -78 -4 Lot Division. Lot 2, Block 4, McCauley Heights 3rd Addition. Generally located north of Indian Hills Road and west of Margar- et's Lane. Mr. G. Hughes explained the lot in question contains an exist- ing double bungalow. He said the proponent is requesting a party wall division of the dwelling, an action which has occurred frequently in the past. Each unit currently has individual sewer.and water connections. He said staff re- commended approval of the proposed lot division. Mr. Runyan moved for approval of the request. Mrs...McClelland seconded the motion. All voted aye. Motion carried. PETITION FOR LOT DIVISION Date - MAY 2 "" . 1978 Applicant: CL RENCE Address'. 52 2 9 lt/, �T Phone: -9 9 - -93C Owners) : ��Lf�,C'E�/GE LV .SpV ,41V 5"o N /a�vD PE :g (as listed on the warranty deed) Address: S 2 2 f 14/. "Y Phone: 925- 9 3 6(, Bnyer(s) : ��E7z BC-7ZT EoC -i42 /'>14,e7 /ENV ��iS F %�i9�2T.lf�o,�/✓ (as proposed to be on warranty deed) Address: 15-252 .1'✓c s7- SC I! FrR,,Er— Phone: 2Z 9, .5337 The original tract of land proposed to be divided is described as follows: EXCEPT 776 . E19Sr ¢z f=EE7- • �"C lC /f ©/VL7 6�lGL— � 3 �� � .D 1 "T! O /�/ . _ The following parcels will be made from the division of the above described tract of land: 0 L o r 9, �x.c e-Pr ...77�-E �.9s � y Z.' FEE % fiNO ZO T /O EX Ce7�-T THE lt/FS7-exz- y F/2oNr�./�ic<� -02 D•,,-z' (o T /�n/O 77fE Gl��.f X72 G l�l f&-157 3 2 A.0 /* 61.,E Suture of Applicant lot division REQUEST NUMBER: LD -78 -3 LOCATION: S. of MN &S R.R., N. of W. 56th REQUEST: Division of narrow parcel of property & added to properties at 5228 & 5232 W. 56th Street village 12lsnning dep&rtment village of_edina COMMUNITY DEVELOPMENT STAFF REPORT May 31, 1978 LD -78 -3 Lot Division. Lot 10, except E. 42 feet, Richmond Hills 3rd Addition. Generally located south of MN & S Railroad, north of W. 56th Street and west of Code Avenue Refer to: Attached graphic The proponents, which reside at 5228 and 5232 W. 56th Street respectively, are requesting a division of a narrow parcel of property which separates their respective homes. This narrow parcel, which measures only 36 feet in width, is a tax forfeit property which is substandard for building purposes. The proponents have acquired the parcel and propose to divide it equally and add each half to their respective properties. No new buildable lot is created. Recommendation: Staff recommends approval of the requested division. GLH:ks 5/25/68 �ER- ASSOCIATES INC. G. E COUD 9 J FRAM( R. LENZ JR. JOHN A. PETERSON ._... PROFESSIONAL REGISTERED • SURVEYORS REGISTERED IN MINNESOTA G WISCONSIN LICENSED IN CITY OF MINNEAPOLIS 3.300 LYNDALE AVE.—SO. MIN.�:EAPOLIS, MINN.- 55408 N . TELEPHONE _ 612 - 824 -0370 r � V �v 4: ' 42.0 crQ / oftft +. °0 DENOTES IROrA \ M DENOTES MErsys P DENOTES PLAi' Legal Description: Lot 1.0 except the Easterly 42:0 feet, as measured at right angles to'the Easterl_v' line thereof, Riciurond Hills 3rd Addn. Subjoct to easements and restrictions of record, if any: 6D 1 III. New Business: (5- 31 -78) LD -78 -3 Lot Division. Lot 10, except E. 42 feet, Richmond Hills 3rd Ad- dition. Generally located south of MN & S Railroad, north of W. 56th Street and west of Code Avenue. Mr. G. Hughes explained the property was located on West 56th Street, east of Hansen Road. He indicated there were two residences side by side which are requesting the division of a narrow 36 foot wide parcel of property which is tax forfeit and lies between them. They will add each half to the respective lots and no new buildable lot will be created. Mr. G. Hughes said staff recommended approval of the proposed lot division. Mrs. McClelland moved for approval of the request. Mr. S. Hughes seconded the motion. All voted aye. Motion carried. F r f• TM LOCA�T�ON OL 77-1♦ _AF ` -4 ..,� "i 1 TTi I. — dill IIi U_ 1 rr Fr r-4 - ; Lj' . 1 F`4', - I! r C 7. � �: T ' � �JI i Cotjm � L SCN. ' 1 J L LMIF 74 f i 1 .. I C f,` —� 1 T T r � SOUTH •'�� ' + IS.Of I <� Mf ORE w / J ; BUR14l 1• _ ff sf f _ ASSN s zonin,..Lg Z -77 -15 and REQUEST NUMBER: S -77 -16 LOCATION: E• of France & S. of 55th St. REQUEST Subdivision to create two Single Family lots and three L7ouble Bungalow lots. MAF��- t::.j� r � e- - i. r �h L r -) RKim. .,BEARD r S' F--- i' .Cr y R T � �---•_ O 250 SUU 750 IUUU xil'Rge n(nnnine dep rlttlen ywr-ar- flf rdip 0 COMMUNITY DEVELOPMENT STAFF REPORT 1. May 31, 1978 Z -77 -15 - J. Hanson. R -1 Single Family Dwelling District to R -2 and- Two Family District. S -77 -16 Woodbury Park Second Addition. Generally located east of France Avenue and south of W. 55th Street Refer to: September 28, 1977. Staff Report and Planning Commission Minutes The Commission may recall that the subject rezoning and five lot subdivision were reviewed at the September 28, 1977 meeting. At that time, the Commission recommended approval of the rezoning from R -1 to R -2 for lots 2, 3 and 4 and also recommended approval of the requested subdivision. Subsequently, this subdivision and rezoning were granted preliminary approval by the Council. On May 1, 1978, the City Council considered final approval for the subject subdivision and rezoning. At that time, residents of the area questioned the propriety oi rezoning lot 4 of the subdivision to R -2. The Council thereupon referred the matter back to the Commission and requested comments on the proposed rezoning of lot 4. Recommendation:. On September 28, 1977, staff recommended approval of the requested rezoning of lots 2, 3, and 4 due to the site's proximity to France Avenue and the cemetery. Staff would continue to recommend the requested rezoning and would recommend that the Commission reaffirm its approval of the rezoning of Lot 4. GLH:ks 5/24/78 Subdivision Phillip Smaby. Woodbury Park Second Addition. S -77 -16 and Generally located east of France Avenue and South of Q,✓� b Rezoning West 55th Street. R -1 Single Family Residence District -1 2 -77 -15 to R -2 Two Family Residence District (continued from 9 -7 -77) Mr. G. Hughes noted that the Commission had given concept approval for the proposed zoning and subdivision at the September 7, 1977 Commission meeting but requested that the proponent bring iw',formal plans of the site before giving final approval. He noted that such plans had been submitted which indicate that Lots 2, 3, & 4 are proposed for R -2 development and Lots 1 and 5 are proposed for R -1 development. :•Sr. G. Hughes also noted that the southern 20 feet of the plat is part of the alley which is proposed to be vacated. He also pointed out that the line between Lots 4 and 5 had been realigned as per the Commission's directions to the proponent. He also noted that Council action on the alley vacation had not taken place because of the concern of the immediate neighbors about the diseased elm trees and the collection of debris in the alley. Mr. Hughes noted that the City Forester had been marking the diseased trees and the proponent had agreed to ren:ova them as well as the debris before the vacation of the alley takes glace. Frank Reese, representing the pro- ponent stated that the work should be completed within a week or ten days. Mr. Charles Paulis stated that he felt that Lot 4 was ideal for R -1 and that R -2 should not be considered for this lot. Janie Paulis stated that when she walked down France Avenue she noted that there were tour duplex homes for rent. She also stated that Lot 4 would be ideal for R -1 development. Chairman Lewis stated that the property would be good for either R -1 or R -2. After some additional discussion, Mr. Sam Hughes moved for approval of the subdivision and rezoning for the following reasons: 1. The requested R -2 rezoning for lots 2, 3 and 4 are appropriate due to the site's proximity to France Avenue, a cemetery, and other R -2 developments. 2. Access to all lots from the proposed cul -de -sac street is desirable to avoid direct access to France Avenue. 3. Lot sizes are generally consistent with surrounding properties. '4. The proposed development is consistent with the low density residential character of surrounding properties. as well as the following modifications and conditions: 1. An acceptable developer's agreement. 2. Parkland dedication. 3. Two curb cuts at France Avenue be closed and a berm constructed along France Avenue, and 4. The vacation of the alley on the southern portion of the , site. PLANNING COINMISSION STAFF RFF012T September 23, 1977 Subdivision Phillip Smaby. voodbury Park Second Addition. S -77 -16 Generally located east of France Avenue arid south of and Rezoning hest 55th Street. R -1 Single Family Residence District Z -77 -15 to R -2 Two Family Residence District. (Continued from 9 -7 -77) Refer to: Attached graphics. September 7, 1977 Staff Report. On September 7, 1977, the Planning Commission reviewed concept plans for the subject subdivision and rezoning. At that meeting, the Planning Co:n.^iission granted preliminary approval for a five lot subdivision of the property which would include three R -2 lots. Due to the conceptual nature of the plans, however, the Commission requested the proponent to return with a survey and preliminary plat prior to granting formal subdivision and rezoning approval. Attac_,ed is the preliminary plat as requested. Reconiiendation: As stated in the September 7, 1977, report, staff recommends subdivision and rezoning approval in that: 1. The requested R -2 rezoning for lots 2, 3, and 4 are appropriate due to the site's proximity to France Avenue, a cemetery, and other R -2 developments. 2. Access to all lets from the proposed cu -de -sac street is desirable to avoid direct access to France Avenue. 3. Lot sizes are generally consistent with surrounding properties. 4. The proposed development is 'consistent with the low density residential character of surrounding properties- Approval is recommended with the following conditions and modifications: 1. An executed developer's agreement. 2. Parkland dedication per the attached report. 3. Construction of a berm on the westerly portion of the site to ensure no direct- access from Lots 2 and 3 to France Avenue. 4. Vacation of the alley on the southern portion of the site. GI11: k s 9/23/77 Pl•'11 � I I jrna CARDARI�LLE � ASSOCIAT��S, II�TC. L A N 0 S U R V E Y O R S 6440 flying Cloud Dllre. Eden haitle Minnesota, 55343 Phone 612. 941.1030 Scale " z4o, Revisions Drawn Ei Date Dr'n Ck'd FCG , JoD NO. 451 ' Book Page �_.—._ _- ,., —.' ;, [.' ^I i '� ,4 rl •1 n'OlU `• +�I C�P'LC ,, V ''� 4L6 So LIINt;ElIPOLIS_' [LU n000.r C•:'�.t �. it•1,1 Ana.': ,r {bur t r,. ?int• /, !,•I' 6• J, �J�ar ;. ,r�''; I,�.hi rrie . Y I7 �J +j• ' '`' 1/• a 17.• .3� '^! ,rvI'r� i • • h�. _ �'' 1 •- L__.LI `- - !_- -::�t. 1'.. I .•� ��c''•� i'' _ '. 7 1 .sciinti0n �1, .•The South 70 feet of Lots d and S 01ock �, and the Neat.11mIf " �; -? /.;';- ,� .' 4,.,, •�,,,,.,,,, '—� .' of that part of Lot S, Dlxk 6 lying North of the C;outh 70 feet • „J J ,l ";'�� -' - it : '•” �• • . I thereof and Lots 1, 2, and 3. Block 5, and tho South 130 feat J'`,. y �,� rt_i��.;' a /•, I'• of Lot 4, Block 5 all in Woodbury Pnrk near Lnkc'llarrl.et. 1'\ t '� 11 66. �j l: a• together with the ad]ncent 20 foot alley lying Gouthnrly of the / 11,' ` ���•'.! ,r: �.{ I" , 6 0 A above described lots. k. ruI'+far. ;fie n ''''1;e t elOtflr _ Y i ( I I,!rr1•v teninr (het th . e'arery rlan. or rr At - ' ' ~�• t„ r• -arcl 1- •u ..r , nr ,It—? •r,�r ,II; ,�•� +' '�� 1�1. ,i,• +j .y .,, � _ �' y�..�t.:•� � i �-�j� �•,' �• •r r F r;.,:•n er..i ri:: t I • n • ^5 R r•' ,_ nd ;)/ ,5. ' , j ► a a 1l I 1 . /�� a-06c. r .t ` KOVAL d,e::•o }e v l .ciao ` •' e). b+ 7,7�}t4xi No WEST 55'�ti .�T/eEET w Zj V� o 1 1 I ' Scab 1••40' '' .. � .. ` \j 4 7,.6 70 bo. Fr. PA CA KID z u_ 18440 �. ' e II. Old Business: (5- 31 -78)' Z -77 -15 J. Hanson. R -1 Single Family Dwelling District to R -2 Two Family and Dwelling District. S -77 -16 Woodbury Park Second Addition. Generally located east of France Avenue and south of W. 55th Street. Mr. G. Hughes said the Commission should recall that this site was considered several months ago for a rezoning and explained the location of the property. He said when the site was last reviewed at the September 28, 1977, meeting, a five -lot subdivision was proposed. It was intended at that time that Lots 1 and 5 of the subdivision be zoned R -1 Single Family Dwelling District and Lots 2 through 4 be zoned R -2 Two Family Dwelling District. The Planning Com- mission had recommended approval of the proposal, and it was subsequently sent to the City Council where it received preliminary plat approval and first read- ing for the rezoning. Mr. G. Hughes recalled that on May 1, 1978, the City Council heard the request for final plat approval and second reading of the rezoning. At that time, there was a great deal of discussion from the residents of the area, particularly on the zoning of Lot 4. Thus, the City Council referred this issue back to the Community Development and Planning Commission for the purpose of commenting on the desirability of zoning Lot 4 R -2. At the September Planning Commission meeting, staff had recommended that Lots 2 through 4 be zoned R -2 because of their prox4.mity to France Avenue and the cemetery. - He said staff would continue to recommend that the requested rezoning be approved and recom- mended the Commission reaffirm its recommendation of the September meeting. Mr. Frank Reese was present for the proponent and said their intent for Lot 4 was to construct a home on the site which would be similar in size to the homes in that neighborhood. What they ultimately ended up with is a residence 52 feet wide which at one level is 38 feet deep. It is two stories in height and of ..colonial design. In response to Mr. Fernelius, Mr. Reese said the proposed dwelling would meet the required setbacks and explained the configuration of the lot saying it would be similar to other lots in the area. Mrs. Janie Paulus, 3705 W. 55th Street, stated there was a detailed discussion on this issue at the last City Council meeting at which time it was said that Lot 4 could become either R -1 or R -2. She said the residents all indi- cated they preferred the R- 1-zoning. The City Council had thus said at that time that because the residents were so insistent on the R -1 zoning that it should be reviewed again and subsequently referred it back to the Community Development and Planning Commission. She further said she was not against the design of the proposed dwelling but rather the zoning because she and the other residents are interested in single family homes where individuals will actually own the property and thus become interested in the neighborhood and problems of the community. Also, she did not feel the renters of the double bungalows would have children in the school system, which would also be a disadvantage to the community. She then presented two letters opposing the request for R -2 zoning from Mr. and Mrs. Steven Moll, 3709 W. 55th Street, and Barbara Henry, 3613 W. 55th Street. In response to Mr. Runyan, Mr. Reese said they are proposing R -2 zoning for Lots 2 through 4 because of economic considerations. He said he would have looked at the possibility of R -1 zoning with more moderation some months ago but that the costs have increased and R -2 zoning is now necessary. He noted that this was basically a rental project but -that there was the pos- sibility of families purchasing the units. Mrs. Paulus commented on the cul -de -sac and its relationship to the development of R -2 lots, indicating it would be more expensive to Mr. Smaby to develop Mr. S. Hughes moved for approval of the subdivision and rezoning requests as proposed last September for the following reasons: 1. The requested R -1 rezoning for Lots 2, 3, and 4 are appropriate due to the site's proximity to France Avenue, a cemetery, and other R -2 developments. 2.- Access to all lots from the proposed cul -de -sac street is desirable to avoid direct access to France Avenue. 3. Lot sizes are generally consistent with surrounding properties. 4. The proposed development is consistent with the low density residential character of surrounding properties. He wished to include the following conditions: 1. An acceptable developer's agreement. 2. Parkland dedication. 3. Two curb cuts at France Avenue be closed and a berm constructed along France Avenue, and 4. The vacation of the alley on the southern portion of the site. Mr. Fernelius seconded the motion.. All voted aye. Motion carried. MT?MnR ATTNTM TO: Ken Rosland, City Manager FROM: Craig Larsen, Housing Assistance Planner SUBJECT: Minnesota Housing Finance Agency (MHFA) Housing Rehabilitation Grant Funding Application. Attached are a proposed resolution and an application for funding for Year III of the MHFA Home Improvement Grant Program in Edina. The intent of the application and resolution is to continue City participation in the third year of the Home Improvement Grant Program. The attached application requests a funding amount�of $34,848 for Year III of the Grant Program. This amount, equal to the 1977 funding level, is the maximum amount recommended by the Metropolitan Council. Five percent of the City's total allocation would be reserved to help defray administra- tive costs of the program. The remainder, $33,106, would be distributed to eligible applicants according to the same procedures used last year. You will recall that staff assembles requests by applicants according to the enclosed priority ratings and presents the list to the City Council for review and approval. Program priorities and applicant eligibility requirements remain the same as during Year II of the Grant Program. Eligible applicants must own and occupy a single or two - family home, and must have an adjusted income of under $5,000 annually. It is assumed that this program will continue to primarily benefit the elderly and single parent families. The application and resolution must be approved by the City Council and returned to the MHFA before June 15, 1978. CL:nr Attachments cc: Mayor and City Council 5 -31 -78 - - 4. APPLICATION for GRANT FUNDING Minnesota Housing Finance Agency Home Improvement Grant Program Year III I. Administering Entity Information CLEARLY DESCRIBE THE SPECIFIC GEOGRAPHICAL AREA WHICH YOU WILL SERVE IN THE GRANT PROGRAM'(example: "all of Mower County except the City of Austin ") All of City of Edina II. Funding Request Each Regional Development Commission has recommended funding levels for areas within its jurisdiction. Consult the attached list to locate your maximum funding level. The funding levels listed are for a 1.2 -month period, however, in most cases, contracts for a similar level of funding will be renewable for the following year. INDICATE THE AMOUNT OF FUNDING REQUESTED: $ 34,848 III. Administrative Costs (a) Funds for the administration of the grant program must come primarily from local sources. However, a small percentage of the total grant funding requested may be allocated to help cover such costs if other sources are not sufficiently available. The maximum administrative allowance for cities is 5 %; for county and multi - county administrators; 7°,. An amount not to exceed this listed maximum may be included as part of your total administrative budget. (b) INDICATE THE PERCENTAGE OF TOTAL FUNDING REQUESTED FOR ADMINIS- TRATIVE COSTS 5 % (5 %, 7% or other) INDICATE THE AMOUNT OF FUNDING WHICH WILL BE DEDUCTED FROM YOUR FUNDING REQUEST FOR ADMINISTRATIVE COSTS: $ 1,742 INDICATE THE TOTAL ANTICIPATED COST OF ADMINISTERING THE GRANT PROGRAM IN YOUR SERVICE AREA:' S3,300 TOTAL GRANT FUNDING REQUEST: S 34,848 TOTAL ANTICIPATED COST OF ADMINISTRATION: S 3,300 PERCENT OF TOTAL FUNDING TO BE USED FOR ADMINISTRATION: 5 OS (NOTE: If this figure is less than 10 °0 of the total arant funding amount, please attach an explanation of the variance.) IV. INDICATE THE SOURCES AVAILABLE FOR FUNDING ADMINISTRATIVE COSTS AND THE CORRESPONDING AMOUNTS: MHFA (from IIIa above) COUNTY FUNDS CITY FUNDS COMMUNITY DEVELOPMENT FUNDS VOLUNTEER (explain) 0 HER exp ain TOTAL Staff Capabilities (a) 1.742 X 1,558 3,300 INDICATE YOUR PREVIOUS DIRECT EXPERIENCE IN AND INVOLVEMENT WITH HOUSING REHABILITATION PROGRAMS: (1) x PHASE I MHFA GRANT PROGRAM (2) CSA WEATHERIZATION PROGRAM (3) x COMMUNITY DEVELOPMENT REHABILITATION PROGRAMS (4) FARMER'S HOME ADMINISTRATION (FmHA) SECTION 504 (home repair) (5) HUD SECTION 115 and 312 (6) x HUD SECTION! 8 - EXISTING (7) BUREAU OF INDIAN AFFAIRS REHABILITATION PROGRAM (8) x MHFA HOME IMPROVEMENT LOAN PROGRAM (9) NO PRIOR EXPERIENCE (10) OTHER (explain) For each of the items checked above, please indicate: (A) The length of time your agency has been involved with the program; (B) The total amount of funding channeled through your agency i in the program; and (C) The nature of your agency's involvement in the program (e.g., "total responsibility ", "intake only ", etc.) See attached sheet. 2 Previous Experience with Housing Rehabilitation Programs: 1. Phases I and II MHFA Home Improvement Grants Program A. Length of time of involvement: June 1976 - Present B. Total funding: Phase I $28,512 Phase II $34,848 C. Nature of involvement: Total responsibility 3. Community Development Rehabilitation Programs A. Length of time of involvement: June 1976 - Present B. Total funding: $100,397, plus an anticipated $70,000 in C.D. Year V C. Nature of involvement: Total responsibility for disbursement of C.D. funds. Grants (Deferred Loans) are used in conjunction with MHFA Home Improvement Loans administered coo;eratively with a local bank. 6. HUD Section 8 - Existing A. Length of time.of involvement: July 1976 - Present B. Total funding: Funding exists for 47 units in Edina; however, no funds are channeled through this office. C. Local staff acts as a field office for the Metro HRA program with duties of application processing, tenant briefings, and contract processing. 8. MHFA Home Improvement Loan Program A. Length of time of involvement: June 1976 - Present B. Approximately $320,000 in Home Improvement Loans to Edina resi- dents from MHFA. However, this money does not channel directly through the city. C. City involvement is through cooperative agreement with First Edina National Bank. (b) (c) (d) STAFF (by position) DUTIES HOURS /!MEEK DER NUMBER OF WEEKS Publicity, applica- e.a. if hrs/ tion processing, in— wk for 20 wks) spections, priority Housing Assistance Planner determination & recom- me � of 14 hr.wk../24wks. funds, etc. City Planner PreSpntation. to 3 hr.wk. /1 wk. City Council Secretary TyRing. telephone 4 hr.wk. /24 wks. Total Person Hours (For MHFA Use Only) Person Hours Per Grant Dollars INDICATE HOW INSPECTION SERVICES 'MILL BE PROVIDED IN THE FOLLOWIMG AREAS: PLUMBING HEATING ELECTRICAL STRUCTURAL ENERGY RELATED OTHER (specify) City City State City City INDICATE THE INSPECTION EXPERIENCE AND TRAINING BACKGROUND OF EACH INSPECTOR (i.e., 20 years experience as a licensed plumber, certified by I.C.B.O., etc.) Experience of City Inspectors: Plumbing - licensed plumber since 1941, certified by State Building officials, chief building inspector for City of Edina. Heating - heating contractor 1953 -1977, city inspector 1977- . Building (structural & energy) - building contractor 1948 -1968, city building inspector 1968- . Provide attachment if necessary. 3 V. Apolicant Selection (a (b) An Administering Entity shall establish priorities.for the awarding of grant funds if.a "first -come, first - served" system is not used. In the event that the number of applications exceeds the number. of Grants which can be feasibly awarded, this schedule of priorities shall be used as the basis for ranking such applications. Use of such selection criteria constitutes a "targeting" of funds and must be included in the Application for Grant Funding as approved by City Council or County Board. MHFA Grant Funds may be targeted for particular geographic areas, types of improvements, population groups, or to meet specific planning goals or other relevant objectives. Funds may not be targeted in such a way as to exclude any particular applicant otherwise eligible under the Procedural Guides from making an application and.beinq considered eligible for a Grant. These Selection Strategies may take the form of a point system, a priority list or a combination of the two. Attach a copy of the priority rating system which is being proposed. If a first -come, first - served system is to be used, check here. INDICATE WHETHER OR NOT YOU INTEND TO USE A GRANT REVIEW COMMITTEE.FOR SELECTING APPLICANTS City Council will act as review X YES NO and section committee. IF NO, HOW WILL APPLICANTS BE SELECTED? VI. Outreach Methods (a) groups; publication in local newspaper (Edina Sun); the "Edina Report." on WWTC Radio three times a week, will announce avail- ability of grants; --public service announcements will be sent to area newspapers, television, and radio stations. 4 (b) FOR COUNTY AND MULTI - COUNTY APPLICANTS ONLY. To encourage the equitable distribution of grant funds throuqhout county jurisdictions, MHFA is requiring each county and multi - county applicants to explain the strategy which it will use to ensure that funds are distributed fairly to small aeographic areas and /or local units of government. (Descriptions of successful working distribution models are available from MHFA upon request.) NOTE: This is not to be confused with the applicant selection system described in V(a). Distribution Strategies should be viewed as plans for geographical allocation of available funds within counties. DESCRIBE THE DISTRIBUTION STRATEGY WHICH MILL BE USED IN YOUR SERVICE AREA. (include attachments as necessary) N.A. VII. County Board /City Council Resolution Attached is a Resolution Authorizing Application for MHFA Housing Rehabilitation Grant Funds. This resolution must be completed by the appropriate City Council or County Board. ATTACH A COPY OF THE COMPLETED RESOLUTION TO THIS APPLICATION. VIII. Submission This application is approved and submitted by: Kenneth Rosland Authorized Representative of Applying Entity (print) Signature City Manager Title Date NOTE: THIS APPLICATION WILL BE INCORPORATED BY REFERENCE AS A CONTRACTUAL DOCUMENT. IN THIS RESPECT IT MILL BE USED AS A BASIS FOR MONITORING AND EVALUATION OF PERFORMANCE. WHILE ADDITIONAL DOCUMENTATION MAY BE ATTACHED, NO ALTERNATIVE APPLICATION) FORMS WILL BE ACCEPTED. Two copies of this application must be submitted directly to: Minnesota Housinq Finance Aqencv Home Improvement Grant Program 333 Sibley Street St. Paul, Minnesota 55101 All applications must be received no later than July 22, 1977. R 0 RESOLUTION AUTHORIZING APPLICATION FOR MHFA HOUSING REHABILITATION GRANT FUNDS Whereas, the Minnesota Housina Finance Agency, State of Minnesota, has been authorized to undertake a program to provide grants of funds to property owners for the purpose of housing rehabilitation; and Whereas, The City of Edina has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Home Improvement Grant Program; and Whereas, The City of Edina has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Aqencv Home Improvement Grant Program: Now, therefore, be it resolved, that The City of Edina is hereby authorized to make application to the Minnesota Housinq Finance Agency for a grant of funds pursuant to the Home Improvement Grant Program; Be it further resolved, that The City of Edina is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Home Improvement Grant Proqram, in the /city of Edina Approved , 1977 By authorized officer Its title MINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANT PROGRAM CITY OF EDINA SCHEDULE OF ELIGIBLE IMPROVEMENTS RANKED ACCORDING TO PRIORITY 1. Energy Efficiency Improvements: A. Insulation 1. Blanket, batt, reflective, loose fill types 2. Storm doors and windows 3. Weatherstripping and other insulation 2. improvements Correcting Defects or Deficiencies Affecting Health and Safety: A. Smoke Detectors* B. Plumbing - Installation, Repair or Replacement 1. Bathroom fixtures and connections 2. Domestic water heaters 3. Sewage disposal systems C. Electric Wiring D. Heating and Ventilating Systems 1. Furnaces and boiler systems; pipes, ducts and radiation; and floor furnaces and wall heaters 2. Exhaust and ventilating fans E. Other Structural Repairs and Alterations 1. Items which Improve the accessibility of the.property to a handicapped oc- cupant 2. Roofing repair or replacement 3. Foundations, walls, etc. 3. Improvements Resulting' in Improved Habitability: A. Plumbing Installation, Repair; or Replacement 1. Bathroom fixtures and connections 2. Domestic water heaters, softener and connections B. Electric Wiring C. Heating and Ventilating Systems D. Other Structural Repairs and Alterations 1. Repair or replacement of roof, gutters, and downspouts 2. Foundations, walks, etc. 3. New doors, windows, chimneys, etc. 4. Porch and window screen E. Exterior Finishing 1. Siding and brick, cement, etc. finishing .2. Painting and watcrspouting F. Interior Finishing 1. Plastering, wallboard composition, ceramic, plastic and metal tile 2. Composition, linoleum, tile and wood flooring 3. Painting, papering, or other interior work 4. Other Eligible Permanent Improvements * One detector per unit to be installed unless present before application. RESOLUTION APPROVING FINAL PLAT OF WOODBURY PARK SECOND ADDITION BE IT RESOLVED that the Edina City Council does hereby grant final plat approval to that certain plat known as "Woodbury Park Second Addition ", platted by Philip C. Smaby and Margaret L Smaby, husband and wife, and presented at the Edina City Council meeting of June 5, 1978, said approval being subject to the understanding that there is no access on to France Avenue from Lots 2 and 3 of said plat. ADOPTED this 5th day of June, 1978. 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 was duly adopted by the Edina City Council at its Regular Meeting of June 5, 1978, and as'recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 20th day of June, 1978. City Clerk (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 RFC(1T TTTTnM WHEREAS, the City of Edina is restricted by State Statue to a maximum levy base increase of six per cent annually, and WHEREAS, State law does permit a one time reverse referendum to increase the levy limit base by up to ten per cent, and WHEREAS, the City has been within ninety eight -per cent of its limitation in 1978, and WHEREAS, the provision requires a public hearing on the matter prior to adoption of a second resolution, and WHEREAS, the City Council of the City of Edina desires to increase its flexibility to deal with local problems in a responsible and effective manner, and WHEREAS, an increase in the levy limitation base does not necessitate commensurate increase in monies raised from local property, NOW, THEREFORE BE IT RESOLVED, that the Edina City Council desires its levy limit base by increased by L per cent and does hereby establish July 10, 1978, as the date for a public hearing on the matter. ADOPTED this 5th day of June, 1978. Florence B. Hallberg City Clerk Please publish in the Edina Sun on June 7, 14, 21 and 28, 1978. Please send us one Affidavit of Publication. Please send us one clipping. .f , ' � . t 1. I MEMORANDUM Date: July 7, 1978 To: Mayor and Council City Manager From: 1" 3Mark Bernhardson, Administrative Assistant Subject: Reverse Referendum - Levy Limits At the June 5, 1978 meeting, the City Council passed a Resolution increasing the City's levy limit base by 10 %, subject to a public hearing and possible referendum. At the time,-a memorandum was prepared discussing what was entailed in the levy base increase. (Should you need . an additional copy, please contact me Monday.) The June 5th Resolution -set a hearing date for July 10, 1978. Following the public hearing, the Council will need to pass a second Resolution if it desires to take the next step in'the process. Attached is a copy of such proposed Resolution. Should there be further questions, • please contact me. MB:md attachment a . . r (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA-, MINNESOTA 55424 RESOLUTION 7J� o� WHEREAS, the City of Edina is restricted by tatut(t55 ids to a maximum levy base increase of six per cent annually, and WHEREAS, State law does permit a one time reverse referendum to increase the levy limit base by up to ten per cent, and WHEREAS, the City k&a=b==r within ninety eight -per cent of its limitation in 1978, and WHEREAS, the City Council passed the first Resolu ion on June-5, 1978, and held a public hearing on July 10, 1978, f- ollowing notice, and WHEREAS, the City Council of the City of Edina desires to increase its flexibility to deal with local problems in a responsible and effective manner, and WHEREAS, an increase in the levy limitation base does not necessitate commensurate increase in monies raised from local property, NOW, THEREFORE BE IT RESOLVED, that the Edina City Council desires to avail itself of the provision and increase its levy limit base by -10 per cent, subject to the reverse referendum petition provision as provided for in the Statute. ADOPTED this 10th day of July, 1978. Florence B. Hallberg City Clerk Please publish in the Edina Sun on July 19 and 26, 1978. Please send us one Affidavit of Publication. Please send us one clipping. MEMORANDUM Date: June 2, 1978 To: Mayor and Council From: Kenneth E. Rosland, City Manager Re: Levy Limitations Attached to this memorandum you will find information regarding levy limitations. On page 2 of Mark's memo you will find the recommendation that Jerry and I also agree with. Let me assure the Council that this does not mean that we are in any attempt trying to go into the budget season without a strong commitment to keep our budget at absolute minimum. However, as pointed out we should try to keep our options open for later years. The time schedule also points out that we should pass the initial resolu- tion this Monday if at all possible. Please give this your fullest consideration so that we may try to take action Monday. KR:md enc o.— f� MEMO TO: Ken Rosland, City Manager Jerry Dalen, Finance Director FROM: Mark Bernhardson, Administrative Assistant SUBJECT: LEVY LIMITATIONS, PART II DATE: June 1, 1978 Appendix: A) Levy Limitations and Special Levies Memo, Dated 9-27-77 B) Levy Limitation-Terms C) Calculation Sheets Currently the amount of money Edina the State Revenue Administered Levy For 1978 Edina's levy limitation wa! limitation for 1978 wns $3,098,781. that qualified as special levies so $3,544,661. YEAR LIMITATION 1976 $ 2,772,064 1977 2,934,738 1978 3,161,410 LIMITATION INCREASE can raise by property taxation is limited by Limitation (see Appendix A for background). > $3,161,410. The actual levy subject to the In addition the City had.$445,380 of levies that the total amount of taxes for 1978 was TAXES SUBJECT SPECIAL TOTAL PROPERTY TO LIMITATIONS LEVIES TAXES $ 2,636,206 $ 313,000 $ 2,949,006 2,933,349 314,000 3,247,349 3,098,781 445,380 3,544,661 As discussed in Appendix A, the Limitation increase is statutorially limited to 6% annually, a figure which is less.than the anticipated consumer price index (which has been running between 7.2 - 10.8 percent the last few months if extended to an annual basis). To increase the limitation beyond 6% there are two other methods to increase the levy limit base (see Appendix B for definition of terms) for 1979. The first method is the utilization of a 10% "reverse referendum" provision available only for the 1978 and 1979 budget years. If unchallenged by voter petition, the Council may increase the levy limit base by up to 10% by having a public hearing and passing two resolutions. If challenged by petition (signed by 1,483 voters) it requires submission to and approval by the voters prior to October 1st in order to become effective. The folio June June July Upon Ong is a suggested timetable: DATE 5 9, 16, 23 and 30 10 conclusion of public hearing ACT I ON Pass initial resolution Publish resolution (requires publi- cation for 4 consecutive weeks) Public hearing 2nd resolution passed or matter dropped Publication + 30 days If petition received, go to step 6 September 5 Referendum voted on The second method is to request that the State Levy Limit Review Board increase Edina's limitation by $318,538, the amount the City used in liquor revenues for the general fund in 1971. This would require a letter submitted to the State Revenue Commissioner and would be considered at their first meeting following receipt. (There is not necessarily a pro forma action.) If the City were to avail itself of these provisions together with the 6% annual Increase, it could increase the levy limitation from $3,161,410 in 1978 to $4,103,000 in 1979, a 22% increase. If in addition the City were to take advantage of all available special levies, the maximum potential property tax levy would increase from $3,544,660 to an estimated $4,643,500 which is 28.7% greater. Given an estimated assessed valuation of $395 million after fiscal disparities (a lq increase over 1978) the maximum potential mill rate would be 11.75• (See Appendix C for more detailed calculations.) Increasing the limitation does not mean a corresponding need to increase taxes. Increased taxes are dependent on either an increase in expenditures or a decrease In revenues other than the property tax and are not dependent on the limitation. It is quite remote that Edina would even approach the maximum in 1979, but increasing the limitation now would assist the Council's flexibility in future years. RECOMMENDATION Increasing the flexibility now is recommended in that 1). the 10% referendum provision lapses this year, and 2). at this point a great amount of uncertainity exists as to what the Legislature will do in 1979 for 1980 (given the current Legislative climate, it is doubtful that the limits will be greatly expanded). W R' 9A OA a k E. ernhar on Administrative Assistant MEB /skh r r APPENDIX A MEMO TO: Warren C. Hyde, City M1anager Jerry Dalen, Fin.anca Director Ken Rosland, Prospective City Manager FROM: Mark Gerohardson, Administrative Assistant DATE: September 27, 1977 SUBJECT: LEVY LIM1iTATiONS AND SPECIAL LEVIES Municipalities over 2,500 in Minnesota are annually confronted by the State Department of Revenue adm;rIstered levy limitation which restricts the growth in the amount levied by those units to a formula derived percentage increase (,.jhich this year is sir. percent). The City of Edina budge*_ has riot had to he expanded any faster than the Revenue Department has permitted and therefore, Edina has not in the past had to avail itself of eit=her the special levies outside the levy limitation (save for the bon=ed ind::`vtcdness :rhich z.rounts to $314,000) or the five rr,ethods suet forth in State statutes to increase the levy limitation base. Although the most restric- tive, the Revenue Department levy limitation is just one of three types render State Law that govern statutory municipal governments over 2,500 in the State. While Edina has not encountered any problems in the past, the levy lirnitat_ions do effectively restrict elected officials options to meet the financial needs of a community (particularly the Revenue Departrent limitations). For E�;,na to insure that it maintains at least some flexibility, it should consider sc:;re of the options available to it in regard to the levy limitations. MILLAGE LIM;'TATION The first levy limitation is the millace limit (M.S. 412.250 which was originally part of the general Vill0ge Legislation in 1u75. The limit on the general funds for Edina under this Act is ten rniIIs pi us an inflator t•,,hich for 1978 (payable) is an additional $'Or.56 per capita. For- Edina, given an assessed valuation of appro': ;-at iy S391;,025 ;000 (after fiscal dispari ties) the levy 1 imi t is $3,940,000 (10 mills) plus $4,335 ,8E -8 (assuming a 1977 population of 43,960) for a total levy limitation of 58,270,148. The Legislation does permit certain levies outside the limitation. PER CAPITA The second limit is a per capita limit originally passed in 1921. An amendment in 1957 s.:t the Iimit at S511 per capita plus the same inflator used for the millage limit. 'a -Zn a 1977 atioil of 48,900, the limit for Edina for 1978 (payable) %..ould he Y2,�'r3, °,',0 plus the infl� for of $4,335,£98 yie lding, a levy 1 imit of $6,979,73 <r ;. Al Lhcucrh n.,-,t conta i no, d in the 1,,,i i u:eI f (Mt.S. 275. 1 1) , certain levies are permitted outside ;his Ii vii t by other Statutes. STATE PEVENUE ADMINISTERED LEVY The third levy is an overall limit that is administered by the State Department of Revenue. It is the one that effectively limits the spending of most of the major r.unicipalities in Minnesota. The limit was added in 1971 and it restricts the amount of levy increase a muni- cipality may take (including local government aids) to a specified percentage. For 1978 (payable) the increase is six percent over the 1977 (payable) base resulting in a levy limit base for Edina of $4,004,543, including $343,138 in local government aids, yielding a levy limit of $3i161.410. Special provision is made for communities with increasino pop- ulations. As with the others, the law permits special levies outside the limit and provides methods to increase the lc.vy base. If the levy limit base is exceed,--d, the municipality is "penalized" by either having its local government aids reduced the folio•,.cing year by 33C for every dollar the community is over the limit, or by the reduction in the ad valorem tax levy and levy limitation for 1979 (payable). (The balance of this memo addresses this third levy limit.) LEVY BASE -CHANGES Four of the methods for increasing the levy limit base require the approval of the State Levy Limit Review Board. A municipality is limited to requesting only one of the methods. The only one that could be utilized by Edina is the one that permits an increase of the base by the amount of surplus funds used for non - special levy purpescs in 1971. During 1971, Edina used $313,537.70 out of its liquor earnings and surplus funds to fund the difference in expenditures over tar, revenues raised. To have such a base limitation effective for 19.78 (payable), Edina would have to receive the approval of the Levy Limit Review Board at its meeting the first week in October. -if not needed for 1978, it would be best to wait until sometime in 1978 to apply for it. (There is no guarantee that the Review Board would approve the request.) TE14 PERCENT EXCESS LEVY The fifth method for increasing the base is the provision whereby a municipality that has been v.,ithin 98% of its levy limit in the previous year, may exceed its levy limit by up to ten percent if it passes a resolution stating the amount that it contemplates exceeding the levy. This is subject to a public hearing after which the Council may adopt a resolution as to the amount it desires to levy in exceas of the limitation up to the amount originally stated in the first resolution. If within 30 days after publication of the second resolution, a petition signed by 1,463 voters (five percent of the last general election) is received, a referendum on the matter needs to be held prior to October 1, to have .it go into effect for the following year payable, should it pass. The follorci:g year this becomes part of the levy limit base. This is available to a municipality only once and only during the 1978 and 1979 payable years. SPECIAL LEVIES In addition to levy limit base increases, the law permits seventeen special levies outside the base for which the City may levy funds in addition to th, levy limit. Through the years, Edina has taken only one of these, the bond indebted- ness payment amounting to $314,000. Of the remaining sixteen, three are possib- llities'to bo claimed by Edina for 1978. The first of the three is the special levy for torts and liability insurance. While the City currently has no tort claims, it can qualify for a special levy for the difference between its' current premium for liability ($83,119) and the premium it paid in 1971 ($9,81x0). Tile actual amount that can be claimed is still undecided because there is an' administrative rule limiting the amount of premium that can be claimed to coverage for $100,000 par person and $300,000 limit per incident. The City currently carries limits of $500,000 in general liability and $100,000/300,000 for auto, as required by the ur.brella policy issuer. When questioned, an individual with the State Department of Revenue stated he would look into whether we could claim the ful 1 premium or wi 11 be required to prorate it for the 100/300,000 limits. I intend to contact him on this during the week. The second special levy is for court orders or tax abatements in 1976 which decreased the amount of revenue available to-the community. In 1976, the City requested and was granted by the County, abatements for several parcels of property that were listed at a higher than actual value en the County's printout of the 1975 assessment rolls due to numerous keypunch /computer errors by the County. The amount of lost tax revenue because of abatements was $48,533.73. Under the provisions of the special levy, the City can claim 89.3807% of the amount ($43,379.79). The percentage used is derived by dividing the levy limit for the year 0 976 - $2,637,236) by the full levy for the year ($2,950,564 - includes the special levy claimed of --,14,000). The assumption apparently is that the other 10.61930 of the $48,538 would, have been distributed among the other special levies. The final special levy is for the local share of Shade Tree Disease Control (including sanitation, forestation, salaries and - expenses of foresters involved, the administration costs and the cost of equipment principally used for shade tree control). This permits not only a special levy for the local amount budgeted for 1978, but also for the amount that the 1977 expenses (projected) exceed the amount budgeted for that purpose. For 1977, $5,000 was budgeted with the pro- jected local expenses to be $37,000. For -1978, $55,000 is budgeted, if the budget request is approved, a special levy of approximately $87,000 may be claimed. If the amount actually spent for the year for any of the special levies does not reach the amount certified on the 280 form, the amount for that levy for the next year will be reduced by the unspent difference. These three items.plus the bonded indebtedness levy would yield a potential amount of special levies to be claimed of $517,658. Bonded Indebtedness $ 314,000 Liability Insurance 73,279 Tax Abatements 43,379 Shade Tree Control 87,000 $$ 517,658 A14AL`!S I S If the full amount of these special levies is taken, but not required, the only "adverse effect" would be if the City desires to exceed the levy limit base by up to ton percent, as permitted. Removal of these items may cause the levy to be less than the 98: of Iimi tot ion required in order to use the ten percent provision. Example: Tax revenue required $ 3,500,000 Special levies - 517658 Levy $ 2,982,-342 Since $3,161,410 is the levy limit for 1978 and given a levy of $2,9g82 342, if all the special levies were used, the City would have only levied 94.31 of its limitation for 1978 and thereby not be able to use the ten percent method for base expansion. Failing to claim at least the abatements and a portion of the 1976 shade tree portion, may result in the loss of those special levies the following year. There is a good chance that we would be unable to claim those next year anyway. RECOtM"NDAT ION If needed, it is suggested that the 1978 shade tree levy and the liability levy be used in addition to the bonded indebtedness first and the 1977 shade tree and abatement levies should be used as the back up with the City requesting base expansion in 1978 as outlined for the 1971 surplus funds from the Levy Limit Review Board as the last two special levies probably will not be available next year. As for future directions, the budget costs for the next two to three years should at a minimum be approximated together .,jith anticipated revenue sharing, block grant, local aid monies and tax revenues. Loss of either of the two revenue sources from the Federal Government could not be replaced dollar for dollar by local taxes if that would cause the local tax levy to exceed the limitation as there is not special levy provisions for that contingency. Early in 1978, should problems appear for 1979, the ten percent excess method could be used. As for Legislative efforts short of full repeal of the Law to permit more responsibility to be exercised by the local elected officials, the possibility of increasing the annual percentage above six percent or extending the provisions for the ten percent beyond 1979 should be explored. While not critical at this time, Edina should attempt to protect its future options in regard to the limits. Mark bernhardson Administrative Assistant MB /sh isst T r. u rl f, s c r) r. c Overal 1. L--n.i.t $3,065,3()1..71. 3,247,0r)5 .00 3, 376,411.C-1 3,67c),06 ().00 ,:,cfpr to rc, 2, fnr co'pr. risnn of the Overall. Li.-lit t.qjt;j 4-he tr 4. )tal c'-)11.:.•, coo I e ct F, C 0V17R'%T,T, T;T.'41T', T eve, 1, i -I t qrneizO Levies i,r?7r,/7(, $ 2 , 7 72 06-3 71 531.3, 3 2 93 1976/77 2,q34,739.00 312, 339. VM/70 3, 161 .411..('0 .315, 0100. isst T r. u rl f, s c r) r. c Overal 1. L--n.i.t $3,065,3()1..71. 3,247,0r)5 .00 3, 376,411.C-1 3,67c),06 ().00 ,:,cfpr to rc, 2, fnr co'pr. risnn of the Overall. Li.-lit t.qjt;j 4-he tr 4. )tal c'-)11.:.•, coo I e ct F, C LEVY LIMITATION TERMS LEVY LIMIT BASE APPENDIX B For 1977 /Payable 1978 taxes, the term was defined as the sum of the 76/77 property tax levy limitation, the 1977 local government State Aid amount, and certain special levies which had in the past been incorporated into the base.' It is this amount which is multiplied by the 6% annual limitation increase (plus any upward census adjustments). LEVY LIMITATION This is.the amount derived by subtracting the new amount of local government State Aids from the Levy Limit Base. The total property tax levy for the City less applicable special levies'cannot exceed this amount. SPECIAL LEVIES These are specific amounts for which the City has budgeted funds and for which the State permits property taxes to be levied outside the limitation. As discussed inAppendix A, the City in 1977/78 could have utilized 4 for the 16 levies (3 were used). Special levies generally are allowed for specific areas where large Increases in expenditures or decreases in revenues have occurred. Together with bond payments and various adjustments, the special levies breakdown into these catagories as follows: Increased Expenditures Tort Judgements and Liabilities Lawful Orders Issued Prior to 1/1/77 Unfunded Accrued Liability (pension) *Shade Tree Disease Program Municipal Board Orders Matching Funds Unreimbursed Public Assistance Payments Increased Commercial /Industrial Development Decreased Revenues Non -tax Revenues Mobile Home Tax *Tax Abatements Bonded Payment *Bonded Indebtedness Certificates of Indebtedness Principal and Interest of Armory Bonds Payments for Bonds of Another Government Adjustments Auditors Error of Omissions Clerk Error of Omissions * Special levies utilized in 77/78 While Edina has expenditures in several other special levy catagories, the special levy is for the levy increase in that area from a fixed date. Edina's expenditure Increases in those areas were not large enough to qualify. As an example, the City pays the 1.5% PERA assessment for unfunded accrued liability, but the amount for 1978 was not enough over the 1977 figure to be of consequence to take a special levy. LEVY LIMIT CALCULATIONS 1977/78 Maximum Property Levy + State Aid 1978 State'Aids Maximum Property Levy Special Levies Bonded Indebtedness $ 315,000 Tax Abatements 43,380 Shade Tree Disease 87,000 1977/78 Levy Limitation 1977/78 State Aids 1977/78 Levy Limitation Base a. Annual 6% Per Capita Base (1978 - 49,031) = 86.57 b. Population Change 1978 Levy Limit Population (49,031 x 86.57) c. 10% Reverse Referendum (x 1.10) APPENDIX C $ 4,449,928.00 - 843,138.00 3,606,790-00 - 445,380.00 3,161,410.00 + 843,138.00 4,004,548.00 4,244,821.00 4,244,821.00 4,669,303.00 d. Levy Limit Review Board 1971 Surplus + 318,538.00 Maximum 1978/79 Levy Limit Base (No Population Change) 4,987,841.00 1978/79 Special Levies (estimated) Bonded Indebtedness 316,000 Shade Tree Disease 105,000 Tax Abatements 43;380 Liability Insurance 73,279 Metro Planning Act 2,000 1978/79 Maximum Property Taxes + State Aids 1979 Estimated State Aids 1978/79 Maximum Available Property Levy + 539,659.00 5,527,500.00 884,000.00 4,643,500.00 Estimated Valuation $ 395,000,000 (after fiscal disparities) 1978/79 Maximum available mill rate - 11.75