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HomeMy WebLinkAbout1976-02-09_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL SPECIAL MEETING FEBRUARY 9, 1976 7:00 P.M. ROLLCALL MINUTES of February 2, 1976, approved as submitted or corrected by motion of , seconded by I. PUBLIC HEARING ON 1976 COMMUNITY DEVELOPMENT PROGRAM Presentation by Planning Department. Spectators heard. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote to pass. II. PUBLIC HEARING ON MINNEHAHA CREEK WATERSHED DISTRICT IMPROVEMENTS Presenta- tion by Park Department and Environmental Quality Commission. Council by resolution. (Continue to 2/23/76) Action of III. AWARD OF BIDS Tabulation and recommendation by City Manager. Action of Council by motion. A. Renovation of Chlorine Rooms (Continued from 2/2/76) IV. COMMUNICATIONS A. Mr. Richard Kruger - York Terrace Paving Request V. RECOMMENDATIONS AND REPORTS A. Manager's Absence - Designation of Acting City Manager (Continued from 2/2/76) B. League of Minnesota Municipalities /Association of Minnesota Counties . Legislative Conference - 2/18/76, .1:30 p.m. -7:30 p.m. C. Speed Zoning in School Areas D. Federal Public Works Act - Possible projects, program, etc. E. Public Works Labor Negotiations F. Benton Avenue /T.H. 100 Interchange - Meeting Thursday Afternoon G. Hennepin County Suburbs Meeting - February 11, 7:30 p.m., Minnetonka City Hall H. Metropolitan Council Land Planning Bill (Senator Bang requests position) I. Comprehensive Plan J. Central Supervisory Control and Alarm System for Water and Sewer Facilities Retention of Consulting Engineer VI. ORDINANCES A. First Reading 1. Ordinance No. 404 -A3 - Security for landscaping, screening, etc. B. Second Reading 1. Ordinance No. 431 -A1 - Water Softener Licenses VII. FINANCE A. Aerial Truck Transmission Replacement B. Acquisition of 50th Street Liquor Store Site 9, ENE BANISTER SHORT ELLIOTT HENDRICKSON & ASSOCIATES, INC. CONSULTING ENGINEERS I ST. PAUL, MINNESOTA • CHIPPEWA FALLS, WISCONSIN January 27, 1976 Mr. Robert C. Dunn, P.E. Director of Public Works City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Dunn: In accordance with your request we are pleased to submit herewith a proposal for engineering services in connection with a central supervisory control system for the Edina water system and a central alarm reporting system for the sewage lift stations and Braemar Arena. ARTICLE I - ENGINEERING SERVICES The engineering services comprise three (3) phases consisting of: A.) Detailed study and Report. B.) Detailed Design and the Preparation of Plans, Specifica- tions and Contract Documents, and C.) Observation of Construction, all as described herein: A. Detailed Study and Report We propose to thoroughly conduct detailed investigations and studies of the existing records, make supplemental field stud- ies, and prepare finished bound reports to the City. The report will contain the following steps: 1. Study and review plans and 'specification of the water and sewer facilities such as elevated tanks, reservoir, pumping facilities, iron removal plants and lift stations and the Braemar Arena brine system to determine type and location of primary devices existing or required for a central supervisory control system. 200 HILLSBOROUGH OFFICE BLDG • 2353 RICE STREET • ST. PAUL, MINNESOTA 55113 • PHONE (612) 484 -0272 z MEMORANDUM TO: City Council FROM: Greg Luce, City Planner SUBJECT: Community Development Funds Attached is a chart showing the various requests as of mid - afternoon, Friday, January 30th, for Community Development funds. For your convenience, the staff has made a preliminary recommendation and has taken into account the eligibility of projects, the desirability of projects as seen by the Department of Housing and Urban Development and the Metropolitan Council, and the ability to spend the requested funds. ' GL:ln 1/30/76 COMMUNITY DEVELOPMENT REQUESTS (PRELIMINARY) IY - Request pJ Neighborhood Parks W W�� Requested Amount $23,000 50th and FranceN 50,000 �,, Housing Rehabilitation (Morningside) 20,000 1 �" Morningside Improvements l hi,._ �'"''� �— �-�^� 40, 000 VAY Diseased Tree Replacement Program 2,500 Senior Citizens Center 2,355 Lights for Skating Rin:cs Not Specified Architectural Barriers Survey 1,688 Architectural and Historical Building Survey 5,000 Edina Mill Reconstruction 6,199 Bredesen Park Soils Testing Solar Heating System Art Center Requested By Park Board H.R.A. H.R.A. Recommendation $22,000 46,000 20,000 H.R.A.,Morn. C.A. 37,000 E.Q.C. 2,500 Edina Seniors 2,355 Citizen Request Included Above Staff �pSuggestion Y'&j 0 ,H.P 4,845 H.P.B. 6,500 ` E.Q.C. Ineligible Not Specified Citizen Request Ineligible Not Specified Citizen Request Ineligible TOTAL ALLOCATION ..................... $134,700 MEMORANDUM JANUARY 27, 1976 TO: Greg Luce FROM: Ken Rosland CITY OF EDINA PARK AND RECREATION DEPARTMENT SUBJECT: Community Development Funds " The Park Board, at their special meeting of January 19, 1976, voted to recommend that the Planning Department request $23,000 from community development funds for capital improvements at Weber Park, York Park and Alden Park. These three parks are located in areas within the city of Edina which the Park Board feels should complete their capital improvements program as soon as possible. The lighting at the Weber Field tennis courts is ex- cluded from this request. The Park Board is requesting that 100% of the dollars come from community development funds. Additional dollars may have to be added to the approx- imate costs which were estimated 1 1/2 years ago. If so, the additional dollars will come from our capital dollars program. The Park Board will attempt this, though, because of the urgency to complete these parks. The total capital improvements list is attached to this memo. Attachment MORNINGSIDE COMMUNITY ASSOCIATION of EDINA January 29, 1976 Mr. Greg Luce City Planning City of Edina 4801 West 50th. St. Edina, Mn. 55424 Dear Mr Luce, As you requested on the phone today, a copy of my letter to the Mayor is attached. We appreciate the City °s concern for our needs and their awareness of -our concerns about excessive assessments. We would like to request 40- 50,000 dollars to be made available from this years Community Development Funds. This money could be used to reduce some of the start up costs of the project. We would also seek a commitment from the city for Community Develop- ment Funds in future years. This long term commitment will help alleviate some of the anxiety such-an Extensive project has caused. We hope, with the aid of these funds, to gain some semblance of parity with the rest of the city at a reasonable cost. Sincerely, John W. Jefferson President MEMORANDUM TO: Greg Luce, City Council, and City Manager FROM: Gordon Hughes, Environmental'Planner SUBJECT: Community Development Funding for Purchase of Shade Tree Stock The Edina Environmental Quality Commission recommends the budgeting of $2,500 of Community Development funds for the purpose of pur- chasing shade tree stock for the Braemar Park nursery. A break- down of the costs and materials which would be acquired is attached. The EQC and staff recommend such an expenditure for the following reasons: 1. The Braemar Park nursery presently contains a very limited supply of shade tree stock for transplanting. 2. The City of Edina as well as surrounding areas currently suffers from the effects of Dutch elm disease and oak wilt. Last . summer approximately 50 high value shade trees were lost in the City of Edina to these diseases. The proposed shade tree stock could be used to replace such losses on public property. City staff, the EQC, and Park Board are presently preparing a recommended policy regarding the City's participation in boulevard tree replacement and planting. 3. Parks and other public properties could be improved appreciably by planting additional shade trees. 4 Maturing shade tree stock in the Braemar Park nursery and then transplanting such stock with the City tree spade is the most economical method'of providing plantings of a desirable size on public lands. 5. The size classes of shade tree stock as proposed would provide a yearly supply of 60 -80 trees of transplantable size.for the next four to five years. GH:ln 1/28/76 MEMORANDUM JANUARY 29, 1976 TO: Greg Luce FROM: Marcia Mohr SUBJECT: Edina Sr. Citizen's Community Development'Fund Requests Attached you will find the Edina Sr. Citizen's Community Develop- ment requests for funding. If you should have any questions or comments, please let me know. You can reach me at 835 -299 or 835-3010. Attachment EDINA SR. CITIZEN'S COMMUNITY DEVELOPMENT FUND REQUESTS 1. Bell and Howell 16 MM Projector Model #1590 A 2. Kodak Slide Projector Model #AF -2 With AV 34311 Ektanar 3 in. f/3.5 lens 3. Multi- Purpose Card Tables Ten tables @ $55 each 4. Adequate Sound System a). 100 watt CHS 100A Bozen P.A. Amplifier $349.90 b). Microphone 545 Sd 114.00 c). ..Six Speakers APF - 15 @ $42.90 each 257.40 TOTAL $ 840.00 244.50 550.00 721.30 $2,355.30 JOHN C. THOMAS (612) 835 -7000 RICHARD D.WILSON,OF COUNSEL January 29, 1976 Mr. Greg Luce City Planner City of Edina 4301 West 50th Street Edina, MN 55424 Re: 1976 Community Development Proaram Dear Greg:. I am..in receipt of your memorandum dated January 19, 1976 and the attached memorandum renardina eligible and inelioible activities for the use of community development grants. First of all, I do not know hoer you propose to use the $50,000 that will apol,y to carry -over programs from 1975. I will make my comments without knowledge of that use and therefore, any overlap between that use and my suggestions is unintentional. Since the funds may be used for various playground activities, I would like to see all of the playgrounds that have skating rinks have the use of the new warmina house plan that has been adopted already for several parks. In particular, I note that there is not yet a new warming house at the Walnut Ridge Park. Also related to the parks nrooram, all of us are aware that the hockey rinks of the various parks are extremely well lighted. It would be my suggestion that additional linhtina be installed to provide adequate light on the non- hockey rortion of the various skating rinks. Various harts of these rinks are so dark at the present time that I consider them to be dangerous. A second use that I would like to see adopted in 1976 would be the allo- cation of additional rionies toward the.Rredeson Park nrooram. I would like to see the hiking trail completed. I !Mould also like to see the perimeter fence completed if at all possible in 1976. Assuming that there are any monies left over, I would nronose that some monies be spent on the new nark to be built in the northwest corner of Edina. Lastly, any monies still remainina could be used to acquire the various open space projects that have Previously been discussed in the various commissions in the CitV of Edina. If you would like any further input from me, please do not hesitate to let me know. Since ely, Gordon V. J , son GVJ/ j k THOMSEN, NYBECK, ZECK ADRIAN E.HERBST. HERBST, JOHNSON & WILSON, P. A. GORDON V. JOHNSON GLENN G.NYBECK LAW OFFICES HELGE THOMSEN ROBERT E.ZECK SUITE 102 -7250 FRANCE AVENUE SOUTH ROBERT D.HEACOCK.JR. MINNEAPOLIS (EDINA).MINNESOTA 55435 LESLEY P.CRECELIUS JOHN C. THOMAS (612) 835 -7000 RICHARD D.WILSON,OF COUNSEL January 29, 1976 Mr. Greg Luce City Planner City of Edina 4301 West 50th Street Edina, MN 55424 Re: 1976 Community Development Proaram Dear Greg:. I am..in receipt of your memorandum dated January 19, 1976 and the attached memorandum renardina eligible and inelioible activities for the use of community development grants. First of all, I do not know hoer you propose to use the $50,000 that will apol,y to carry -over programs from 1975. I will make my comments without knowledge of that use and therefore, any overlap between that use and my suggestions is unintentional. Since the funds may be used for various playground activities, I would like to see all of the playgrounds that have skating rinks have the use of the new warmina house plan that has been adopted already for several parks. In particular, I note that there is not yet a new warming house at the Walnut Ridge Park. Also related to the parks nrooram, all of us are aware that the hockey rinks of the various parks are extremely well lighted. It would be my suggestion that additional linhtina be installed to provide adequate light on the non- hockey rortion of the various skating rinks. Various harts of these rinks are so dark at the present time that I consider them to be dangerous. A second use that I would like to see adopted in 1976 would be the allo- cation of additional rionies toward the.Rredeson Park nrooram. I would like to see the hiking trail completed. I !Mould also like to see the perimeter fence completed if at all possible in 1976. Assuming that there are any monies left over, I would nronose that some monies be spent on the new nark to be built in the northwest corner of Edina. Lastly, any monies still remainina could be used to acquire the various open space projects that have Previously been discussed in the various commissions in the CitV of Edina. If you would like any further input from me, please do not hesitate to let me know. Since ely, Gordon V. J , son GVJ/ j k MEMORANDUM TO: Greg Luce, City Planner FROM: Harold Sand, Planning Assistant SUBJECT: Allocation of 1976 Community Development Funds The attached programs reflect my recommendations prepared with the assistance of members of the recently established Heritage Preservation Board. I have approached the issue with the philosophy that a number of limited scale projects will have greater impact, utility and acceptance than one or two expensive projects. The advantages of this approach include greater visibility to the public and the press with the implication that the City is receiving good mileage from the funds. This reputation will enhance the City's ability to gain or increase future funding from this and other sources. In addition, this approach offers the maximum involvement of the public with benefits for many diversified-needs. Increased employment utilizes the currently large labor pool to mutual advantage. The use of leverage is employed to initiate larger projects where additional funding from other sources is necessary. HS:ln 1/30/76 MEMORANDUM TO: Greg Luce, City Planner FROM: Harold Sand, Planning Assistant SUBJECT: COMMUNITY DEVELOPMENT PROGRAM TO SURVEY, RECORD, ANALYZE AND AID THE REMOVAL OF MATERIAL AND ARCHITECTURAL BARRIERS TO THE HANDICAPPED AND ELDERLY. C This activity is clearly encouraged for use of C.D. funds; it is listed as number. 5 under eligible activities. The program would consist of a survey of public and private buildings and grounds in the city frequented by the public. Deficiencies from the recent Minnesota Uniform Building Code amendment requiring handicapped accessibility' would be investigated with a record provided to the building owner, the city building department file and the survey report. A study of the survey will indicate the extent of the problem and provide direction for continued efforts to analyze individual problems, to design solutions, to construct handicapped facilities in public buildings, and to provide aid for private construction. Mr. Foster Dunwiddie, architect, who was on the committee for enactment of the state code and advisor to the City of Bloomington on architectural barriers, has offered to provide assistance training an intern to perform the study. Super- visory staff will be provided through the planning department personnel. 1976 PROGRAM EXPENDITURES 4th year architectural student from the U of M 13 weeks @ $120 $1,560.00 Mileage - 10 miles /day @ 12� /mile 78.00 Equipment and supplies, reproduction 50.00 $1,688.00 1977 PROGRAM - PROBLEM SOLVING Rehire previous student -'13 weeks @ $140 $1,820.00 Mileage 30.00 Equipment and supplies 150.'00 Estimated Public Construction Aid 5,000.00 Grants to aid private construction 3,000.00 $10,000.00 HS:ln 1/30/76 MEMORANDUM TO: Greg Luce, City Planner FROM: Harold Sand, Planning Assistant SUBJECT: COMMUNITY DEVELOPMENT PROGRAM TO CONDUCT A COMPREHENSIVE COMMUNITY STUDY OF SIGNIFICANT ARCHITECTURAL AND HISTORIC BUILDINGS This activity is eligible under Category 13, planting, management and plan implementation of community development activities preserving community heritage. It is proposed to conduct a survey of significant architectural and historic buildings in the City in conjunction with the activities of the Edina Heritage Preservation Board. The program would be an extension of the activities conducted by the Bicentennial Commission historic markers project and the Edina Historical Society activities that are primarily concerned with the limited number'of "old" buildings. It is important to recognize that today's common buildings are the future historic buildings. The 20th century Edina "suburban" development is one of the most complete, quality developments in the country, and it should be documented and preserved. An early inventory of modern quality development will preserve valuable records, improve public relations and sensitize people to outstanding suburban elements for advance planning. The program consists of an inventory of buildings and neighborhoods, photographic documentation, reproduction of drawing, historical research and assembly of materials into a report form similar to architectural guidebooks. The program would be conducted by an intern employee under the direction of the Planning Department for a six month duration. Estimated cost is $5,000 for salary and expenses, excluding publication costs. HS: In 1/30/76 January 30, 1976 MEMORANDUM TO: Greg Luce, City Planner FROM: Harold Sand, Planning Assistant SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO RECONSTRUCT EDINA MILLS GRIST MILL, BROWNDALE AVENUE AT WEST 50TH STREET This activity is eligible under Category 2c, the reconstruction of historic properties. Historical Background The Edina Mills was one of the earliest structures in the City of Edina. Built in 1857, the Edina Mills was a major factor in the development of this region from territorial times. It was a dominant force in the community for many years, serving as a center of commerce and a focus for other community development. The Edina Mills continued in operation until 1895 as a water power mill. Then the water level in,Minnehaha Creek sank so low that it could no longer turn the water wheel. Auxiliary power was added, however, the mill gradually declined in importance. It was finally demolished in 1932. Little remains today to mark the location of this important site. The Edina Mills site is located in Dwight Williams Park at the south end of Browndale Avenue just north of West 50th Street. A small stone marker is all that marks the mill site today. Restoration Work The objective of this effort is to ultimately restore an authentic operating grist mill that will capture the heritage of the City of Edina and the metropolitan area. The initial phase proposed for 1976 consists of an excavation and restoration of the mill foundation with the intent to gain financial support for completion of the project. The excavation of the site is proposed to be conducted with archaeological techniques to locate the foundation and recover any valuable artifacts remaining in the foundation area. The reconstruction will be performed using architectural restoration techniques employing authentic materials and careful craftsmanship. ' The second phase of the project projected for 1977 will employ requests for donations from private parties, and requests for grants from the Minnesota Historical Society and the federal government in addition to community development funding. Memo to Greg Luce January 30, 1976 Page 2 Organization It is proposed that architectural and restoration expertise will be provided by Foster Dunwiddie, survey work through the city engineering department, exploration by intern employees and reconstruction work by contract with an experienced contractor. Cost Estimate - 1976 Community Development Funding Archaeological Exploration Grid layout 8 hrs. @ $13.00 /hr. $ 104.00 Exploration 200 hrs. @ $3.00 /hr 600.00 $ 704.00 Foundation Reconstruction Excavation 240 cu. yd. @ $8,00 $1,920.00 Masonry 406 sq. ft. @ $6.10 2,476.00 25% Contingencies 1,099.00 $5,495.00 TOTAL ..................$6,199.00 HS:ln u mrmnPioinrym TO: Greg Luce, City Council, and City Manager FROM: Gordon Hughes, Environmental Planner SUBJECT: Community Development Funding for Bredesen Park \ Refer to: Attached staff report and graphic The Edina Environmental Quality Commission and Park Board reviewed the attached report and graphic at their respective January meetings. Both the EQC and Park Board concurred with the staff recommendation contained in the report regarding the development of Bredesen Park. These recommendations include the following: 1. The attached plan based on the Mud Lake Task Force Report should serve as the guide for the development of Bredesen Park. 2. The City should enter into a cooperative agreement with the Nine Mile Creek Watershed District to obtain soils information, hydrologic information, and topographic information for the purpose of determining the feasibility of and preparing final engineering plans for the proposed Bredesen Park development. 3. Subsequent to the cooperative agreement, the City should petition the Nine Mile Creek Watershed District to undertake the funding of the Bredesen Park development. Of particular note in regard to Community Development funding is the second recommendation; i.e. that the City enter into a cooperative agreement with the Nine Mile Creek Watershed District to prepare soils and engineering reports. Pursuant to such an agreement, the City and the Watershed District each would assume one -half of the cost of preparing such reports -- $6,500 each based on estimated costs. Subsequent to the cooperative agreement, the EQC and Park Board recommend that the City petition the Nine Mile Creek Watershed District to finance 100% of the Bredesen Park development. If such a petition were approved, the City's share of the cooperative agreement costs would be assumed in the petition and thus refunded. The Environmental Quality Commission recommends that the City Council budget $6,500 of Community Development funds for the purpose of financing the City's share of the cooperative agreement described above. The EQC notes that 'such an expenditure' would be returned to the City if a petition to the Nine Mile Creek Watershed District were subsequently approved by the District. GH:ln 1/28/76 January 27, 1976 Greg Luce, City Planner 4801 11est 50th Street Edina, Minnesota, 55424 Dear Sir: I pr000se that a nart of the Community Development funds be used to purchase and install a solar heating systeT for some existing or planned Public building in 'Edina., such as the fire station, city hall, or librarv.. The solar hea.tina s�,s'tem would be sun- elementary to a more conventional source of energy such as g?s or oil. My reasons for this suFFestion are: 1) There is a read need for energy conservation in the ?J. S. Solar enemy offers one of, the best answers for tre here and now because the environ- rental impact is known and virtually nil (visual only). The supuly is virtually Inexhaustible. 2) 1-?any influential people life in Edina, business owners and corporate executives. If they can Fain first -hand knowledge about a successful a.pplica.ticn of solar energy use right in their ou-n community, they may be influenced to utilize this energy . sou rce in their own businesses. �) It'would serve as an additional feasibility demonstration jroiect, possibly unique in application to a s-na11 muncipal services buildir.F. 4) The continually rising cost of gas and oil will in future .years be- come a signific?nt city operatinv expense. .fiction should be taken now to ml.nimize fut!.are fuel costs. Solar enemy is free and always will be. Ooera.tin_a and maintenance costs should be very low in nr000rtion to the energy collected. Because of the Fe�eral govern-rents interest in developir.F alternate energy sources, it mal: be noss'.ble to obtain additional funding from the .ners,y =es< =arch a.r_a De-lelonment the Depa.rtmer_t of Housin7 and [;rba.n Development, or the 1- a.ti.cnal Science Four?da. - on. Althous -h I a• not an exoert on solar enervv (electronics engineer with Control data), I would be ha. -) -)y to meet with you to further discuss this proposal or assist in any other way. Sincerely, i Arthur G. Link 5204 West 60th Street Edina., Minnesota 55436 Hone: 020 -5097 Business: 453 -5099 a MORNINGSIDE COMMUNITY ASSOCIATION of EDINA January 21, 1976 Mr. James Van Valkenburg Mayor City of Edina 4801 West 50th. St. Edina, Mn 55424 Dear.Mayor.Van Valkenburg, As you know, the area of Morningside has several.projects pending. Some of these are: Water mains, Street replacement, Lighting, Sidewalks_, and Curbs and gutters. These,: seem to have._been °tabled by the City Council until such time as funds.can.be found.to ease the;,economic burden upon the residents;. The January 21st. issue of the Edina Sun indicates that there will be some Community Development Funds available. These projects should be an appropriate use for these monies. Therefore, we would like to have a portion set aside for this purpose. The most urgent need seems to be a solution to the Fire -flow problem. The Morningside Association will be happy to continue working with the City Planning Department to establish the proper proposal. Any information or support you can provide will be greatly appreciated. Either Ron Ringling, Chairman of our City Services - Committee, or I will be happy to talk with you. Ron may be reached 'at 922 -3731- During the day, I may be reached at 339 -9441. My home phone number is 929 -4431. Sincerely, -John W. Jefferson President 31 V Ax X V. d, e q6 411tAl V�jJQ.._ • wrrG .. ....... .. 4t U-C UPAC Kh� Me ' u1 vzd, NAVI - ICIA dMt � f 1f s r y � % ar Gill �t MEMORANDUM TO: City Council FROM: Greg . Luce,` City Planner SUBJECT: 1976 Community Development Program Attached:�is a memorandum- -which I.propose to send to all groups . and individuals who may be interested in Community Development programming. The Department of Housing and Urban Development (HUD) has considerably increased its requirements-to.include memorandums such`as this, the holding of two public hearings (as we did last year), and to require participation in the devel- opment of revisions, changes, or amendments.. Also this memo. randum will be rewritten as a news release; it will be sent to the Edina Sun and parts of it will be.read over our local radio program on WWTC. I would also recommend that public hearings for the consideration of the Community Development Program be set for-February-2nd and February 9th. Finally, if you have thoughts as to how these Community Develop- ment funds should be spent, please help'me by informing me 'prior to your council meeting. GL:ln 1/12/76 January 9, 1976 MEMORANDUM TO: Warren Hyde, City Manager Department Heads City Council City Commissions and Boards Neighborhood Organizations FRO-111: Greg Luce, City Planner SUBJECT: 1976 Community Development Program In order to provide additional community development and housing assistance programs, the City of Edina has.. joined ,wi;th more. ,than 20 cities in Hennepin County to submit a joint application for federal assistance under the Urban County Community Development Block Grant Program. The actual amount of funding Edina,"will receive is determined by.the total population, total extent!:of poverty and the total extent of.housing overcrowding. In the first year allocation of funds Edina received approximately $72,500, which was spent as follows: 50th and France $29,000 Housing Rehabilitation 20,0.00 Lake Cornelia Park 10,000 Bredesen Park 8,500 Senior Citizen's Center 5,000 72,500 It is expected that Edina will receive about $134,000 for 1976. These funds must be used. -.only for "Community Development Activities" which are explained on the attached pages. In addition, Edina is committed to-certain carry- over programs from last year which will use about $50,000 of the funds, leaving about $84,000 unbudgeted. It is the City's intention to involve the commissions and residents. as fully.as possible in the development-'of this year's Community Development application. Members of the planning.staff are available to meet with any group of citizens who would like additional infor- mation on this program. All requests for information or suggestions regarding expenditures of these funds MUST be submitted to this office by February 2, 1976.. I. apologize for-The limited time',-but we have'"just received the necessary documents. On February 2 and the next Council.meeting after that date the City Council will hold hearings on this program and the proposed expenditures. The City Council and its staff look forward to your views and suggestions. GL: In I c��GIgLE AN ND INIELIGIBLE ACTIVITIES FOR USE OF COMMUNITY DEVELOPMENT ACT BLOCK GRANT FUNDS ELIGIBLE ACTIVITIES: 1. Acquisition of real property which is: a. Blighted, undeveloped, or inappropriately developed. b. Appropriate for rehabilitation or conservation activities. c. Appropriate for preservation or restoration of historic sites; conservation of open spaces, natural resources and scenic areas; provision of recreational opportunities; or the guidance of urban development. d. To be used for the provision of eligible public works, facilities and improvements. e. Other public purposes, including the conversion,of land to other uses where necessary or appropriate to the community development program. 2. Acquisition, construction, reconstruction or installation of the following public works and facilities: a.-Neighborhood facilities b. Senior centers c. Historic properties d. Utilities e. Streets f. Street lights g. Water and sewer facilities h. Pedestrian malls and walkways i. Parks, playgrounds and other facilities for recreational participation. j. Flood and drainage facilities where assistance is unavailable under other Federal laws or programs. k. Parking facilities,solid waste disposal facilities and fire protection services and facilities in areas, or to serve areas, in which community development activities are to be carried out In a comprehensive manner. 3. Code enforcement in deteriorating areas in which enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area. . 4. Clearance, demolition, removal and rehabilitation of buildings, and improvements. 5. Projects directed to-the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons. Page 2 -- Eligible activities under Community Development Act 6. Payments to housing owners for losses of rental income resulting from temporarily holding housing units to be utilized for relocation of those displaced by program activities. 7. Disposition of real property acquired for community development activities, provided that the proceeds shall be spent only. for eligible community development activities. 8. Provision of necessary or appropriate public services not otherwise available in areas, or serving residents of areas, where community development activities are, or will be, underway. Such services include improvement of community public services and facilities such as those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons living in those areas; and coordinating public and private development programs. 9. Payment of the non - Federal share required in connection with a grant -in -aid program that is an eligible activity undertaken as part of the community development program. 10. Payment of the cost of completing a project started'under Title I of the Housing Act of 1949. 11. Relocation payments and assistance necessary as a result of community development activities. : 12. Activities necessary to develop a comprehensive community development plan; and to develop a policy - planning - management capacity to more rationally and effectively determine the community needs, set long -term goals and short - term objectives, devise programs and activities to meet the goals and objectives, evaluate the progress of programs in accomplishing the goals and objectives, - and carry out nanagement,coordination and monitoring of activities necessary , for effective planning implementation. 13. Payment of reasonable administrative costs and carrying charges related to the planning and execution of comm-unity development and housing activities, including the provision of information and resources to residents of areas in which other commnunity development and housing activities are to be concentrated. Such information and resources are to be pertinent to the planning and execution of such activities. INELIGIBLE ACTI1rITIES Any type of activities not described above is ineligible. The following list is illustrative and does not.constitute a complete list of all ineligible activities. 1. Public facilities not specifically mentioned in the list of eligible activities, such as: a. Facilities for the general conduct of government, such as city halls, police stations and other buildings used predominantly for municipal purposes. . i Page 3 -- Ineligible activities under Community Development Act (continued) b. Stadiums, auditoriums, sports arenas, concert halls, cultural and art art centers and similar facilities which are used by the general public primarily as spectators or observers, except that cultural, art, museum, library and similar facilities may be undertaken as part of a neighborhood facilities project. c. Schools generally, but excluding neighborhood facilities or senior centers in which classes in practical or vocational activities (such as first aid, homemaking, crafts, etc.) may be taught. d. Hospitals, nursing homes and other medical facilities, except for a neighborhood facility or senior center in which health services are part of the services offered. 2. Operating and maintenance expenses in connection with community services and facilities are not eligible, except for the public services and interim assistance described in eligible activities. Examples of ineligible activities include maintenance and repairs of water and sewer and parking facilities, and the salaries of staff operating such facilities. 3. Except for the costs incurred in carrying out community development programs, expenses required to carry out the general responsibilities of the local government are not eligible. as 4. Partisan political activities such /expenditures for use of equipment or premises for political purposes, sponsoring or conducting candidates meetings, engaging in voter registration (except if it is part of a comnunity -wide registration drive sponsored by the local unit government). 5. Construction of new housing. 6. Generally, no funds may be spent for direct income payments for housing or for. any other purpose, such as payments for income maintenance and housing allowances. !a. February 2, 1976 Your Honor, James Van Valkenburg, and Members of the Edina City Council: As a member of your Bicentennial Commission, I have been invited to express my opinion regarding the disposition of the Community Development Grant Fund. I cannot speak for the Bicentennial Com- mission because the limited time does not permit a meeting. There- fore, I speak only for myself as a citizen, proud of our past and concerned about our future. Our commission has instigated and sponsored many acti the Iieritat a and Celebration categories. The Horizon the most challenge. Many would debate its direction. if our country, even our world, is to have a horizon, from the spirit of caring and sharing demonstrated by Foundation. vities under category poses I feel that it must come the ABC This group reaches out to children in need. It reaches over boundaries of nationality, color and creed. All that is asked of the recipient is the willingness to accept and to promise to try. Many of us have supported ABC as individuals, or in our civic and religious organizations. I feel that Edina as a total community could make a substantial contribution to the perpetuation of the ideals of ABC by endorsing their efforts with $40,000.00 to pay off the mortgage on their house. Foundation members assure me that this support at this time would do much to insure the continuation of this remarkable program. Yours sincerely, Kay M. Brown, Commissioner Edina Bicentennial Commission February 6, 1976 rZERVO[iT;irkVIIINI TO: Warren C. Hyde, City Manager Mayor and City Council FROM: Greg Luce, City Planner SUBJECT: Community Development Funding As of midnight, Thursday, February 5, 1976, we received the following requests for the Community Development funds. REQUEST: AMOUNT: Neighborhood Parks $23,000 50th and France $50,000 Housing Rehabilitation $20,000 Morningside $40,000 Tree Replacement $ 2,500 i Senior Citizens Center Lighted Rinks, 41 $ 2,355 Not Specified �chitectural Barriers $ 1,688 o q Historical Survey �9 $ 51000 Mill Reconstruction $ 6,199 *Bredesen Park Soil $ 6,500 *Solar System Not Specified *Art Center Not Specified !.� Street Lights L*- �Not Specified *ABC Mortgage --- $40,000 *Transit System °' Not Specified *Joint Study 1, 4 � 1,13 "``'�`R' Not Specified s Bredesen Park Not Specified Human Services Not Specified Park Board H.R.A. Staff Morningside Council E.Q.C. Edina Seniors Citizen Staff Heritage Preservation Board Heritage Preservation Board E.Q.C. Citizen Citizen Citizen Citizen League of Women Voters District 273 District 273 District 273 r- The staff has checked each project for its eligibility and in some instances called the U.S. Department of Housing and Urban Development for their opinion. Those activities preceded by an asterisk ( *) are ineligible. The staff reviewed the remaining requests and makes the following recommendation: 1. That the request for lighted rinks be incorporated into the neighborhood parks request. 2. That if deemed desirable by the Council or administration, one of several staff persons could conduct the architectural barriers survey. The low cost of this work makes it impractical to fund. 3. The Heritage Preservation Board, when given the choice of which of their two requests was considered their top priority, chose the Edina Mill Reconstruction. Because this is a new commission, their ability to spend is limited; the staff therefore recommends not funding their second choice, the "Historical Building Survey ". Memo to W. Hyde, Council, Mayor February 6, 1976 Page 2 4. The staff would recommend that the request for street lighting be sent to the engineering staff for study and later action. 5. The staff would recommend that the request for Bredesen Park development be sent to the Planning Department.where Gordon Hughes is presently seeking funding for this activity. 6. There is serious.question of eligibility and constant auditing of Human. Services Programs funding by.H.U.D. We therefore recommend this program not be included . until it has been established and reviewed and certified eligible by H.U.D. 7. So, with some amending of requests, the staff recommends the following programs: Program Neighborhood Parks $ 22,000 50th and France 46,000 Housing Rehabilitation 20,000 Morningside Improvements 37,000 Diseased Tree Replacement 2,500 Senior'Citizens Center 2,355 Edina Mill Renovation 4,845 TOTAL $134,700 OFFICERS AND DIRECTORS Mrs. Sis Boyd President Dr. William Stromme Vice President Mrs. Dottie Thomson Vice President Richard Diercks Secretary Bernie Beaver Treasurer Mrs. Karen Byhre Mrs. Mary Lou Carpenter Mrs. Anne Carrier Howard Christenson Dave Gresham Mrs. Bennetta Harrington Lee W.Johnson Mrs. Florice Lietzke Alonzo Parsons Gene Purdy Mrs. Jean Rowland William Ruppert Mrs. Beth Schucker Mrs. June Unger Gary Widell ADVISORY BOARD MEMBERS Otto Bang Otto Byhre Jim Curry Daniel Davis Joseph Grinnell Roger Heegaard Mrs. Harriet Herb Dr. Ralph Lieber Mrs. Virginia MacLaury Clyde Molde Dave Moore Rev. Arthur Rouner Edward Schwartzbauer Honorable Suzanne Sedgwick Rev. Charles Sweet James Van Valkenburg The ,ADC Edina Foundation History of Edina ABC -I- 1. Group of Edina citizens worked with the established Northfield program. 2. Incorporated under Minnesota Law as non - profit organization 3. 1972 - -- opened ABC House at_6304 France Ave. So. (for 10 boys, 2 tutors and resident couple). 4. 1974 -- -added four girls who live with families in the community but participate in activites at the House.and have Xbme meals there. 5. Are in fourth operational year with a total of 26 students having attended or currently attending Edina. a) 14 currently in program b) 9 graduated(see brochure). c) 3 "did not graduate "t 1 left with homesickness the first 6 weeks 9-6 1 left for disciplinary,7�easons 1 left for academic reasons 7.5 6. Where are our students from? a) 6 from Cleveland; 2 from Columbus, remainder from Nashville, Tenn., Canton, Miss., Washington, D. C., Philadelphia, Pa., New York City and Pittsburgh, Pa. None of the students knew each other before coming into ABC. b) Currently there are 10 Black students; 2 white; 2 Puerto Rican 7. Academic Report a.) House average has steadily risen over past 3 years. 74- 75-- Average .B;::to B #(76 lst marking pd - -B) b) Study hall five nights a week(Sun- Thurs.) 7 -9 PM c) Tutors live in and help with studies. Outside tutorial help is brought in when needed. One tutor is teacher at catholic school in Highland Park, St. Paul One tutor is a Jr. UofM studying architecture also choir director at inner city church. Tutors responsbile for getting students up and off to school in AM; supervising parties, helping with tranportation, and just being a friend to the boys. The Edina ABC Foundation ■ 7204 Shannon Drive, Edina, Minn. 55435 ■ (612) 941 -4527 The 1"" AQC a Foundation . History of Edina ABC (cont'd OFFICERS AND DIRECTORS Edina schools have been extremely cooperative to our students= counselors know the students and are very willing to help in Sis Boyd President any way.....have been concerned and involved. Bernie Beaver Vice President Q v:• House Edward J. Schwartzbauer Secretary. Managed by resident couple= responsible for spirit in Jan Hagen. the house, enforcement of rules, curfews and general Treasurer running of a home. Gene Bennett $ Rotate house ) _jobs.. such 4s cleaning kitchen, Richard Diercks vaccuming, emptying wastebaskets, cleaning Bennetta Harrington bathrooms, shovelling snow( raking) , cleaning Sarah Jones snack kitchen, etc, Mary McKibben Jack Moran b) Students go with host families around 11AM Karen Natwick on Sundays.. This is resident couple's day off. Sally Nydahl Students due back in House by 6 PM Sunday. Henry Pryor 7 • Community invo4*ement Robert Rowland Mike Tita 1) Each student has a host family he spends Sunday with, Dottie Thomson sometimes other afternoons during the wee$. Student June Unger has a chance to make friends with a "real" family and Anne Williamson both family and student gain from the exchange. ADVISORY MEMBERS BOARD Girls who live with a family and attend Edina West, also have another family with whom they visit and Otto Bang interact with. Otto Byhre Jim Curry 2) Residents of the community provide transportation Daniel Davis for the students to doctors appointments, shopping, Joseph Grinnell job interviews, plays or wherever transportation may be needed. Roger Heegaard Harriet Herb Dr. Ralph Lieber 10. Areas where we could cut our budget Virginia MacLaury ClydeMolde 1) Eliminate spring vacation for students. Currently .ally., Dave Moore students are bussed to and from their homes twice a Rev. Arthur Rouner year 1 Christmas and spring vacations. Cannot afford air or train fare. Honorable Suzanne Sedgwick Dr. William Stromme 2) Cut down allowances for students(currently receive $5.00 James Van Valkenburg per week for essentials (todtth paste, shampoo, movies, socks, etc. 3) Eliminate parties at House unless students willing to buy food out of their allowances. 4) Eliminate domestic help which would put an undue burden on resident couple to cook and clean and shop 'an 'd-run errands for 14 young adults - -as well as keep a.happy spirit in the house. The Edina ABC Foundation ■ 7204 Shannon Drive, Edina, Minn. 55435 ■ (612) 941 -4527 II �,/, j�,_ - . 6 . 1 1. ILL, league of minnesota municipalities - IIIIJ - TO: Mayors, Managers, Clerks-in Member Cities. DATE: January 26, 1976 .( Please :.6a11;:to:.the;:6Lttention of :the Council) FROM: Dean A. Lund, Executive Director The League is joining forces with the Association of Minnesota Counties for our annual mid - session legislative conference this year. The program is designed to give city officials and county officials maximum opportunity to contact legislators directly on key issues that are coming up in the 1976 legislative session. The afternoon session will cover the status and prospects for important legislation. While the agenda will depend somewhat on legislative developments before the meeting, important aspects of the League's legislative program will be covered. There will also be joint meet- ings with county officials on issues of common interest. From 5 until 7:30 p.m., the League and the AMC are inviting all legislators to be our guests for cocktails, beer and a light meal. We anticipate an excellent turnout for this jointly - sponsored reception and urge you to be on hand to contact your legislator personally. The conference fee for city officials is $10 for any portion of the meeting. The fee is payable with the enclosed registration or at the meeting. DAL:pjr Darlyne M. -Lang LEGISLATIVE ACTION CONFERENCE - FEBRUARY 18, 1976 League of Minnesota Municipalities 480 Cedar Street St. Paul, Minnesota 55101. Please make reservation(s) for... for the Legislative Conference. Municipality Enclosed is $ (,$TO per person).'. Name Title The following persons will attend from my municipality: (please type or print) NAME TITLE 300 hanover building, 4BO cedar street, saint paul, minnesote E55101 (61 21 222 -2861 1 0A L •s o i - THE LEAGUE OF MINNESOTA MUNICIPALITIES AND THE ASSOCIATION OF MINNESOTA COUNTIES INVITE YOU TO THE 1976 LOCAL GOVERNMENT LEGISLATIVE CONFERENCE AND BICENTENNIAL BUFFET Wednesday, February 18th ST: PAUL CIVIC CENTER (see map on reverse side) 1:30 to 4:30 p.m. -- Briefing Session on Key Legislative Issues with Legislative Leaders and Staff; Room C -15, St. Paul Civic Center 5:00 to 7:30 p.m. -- Bicentennial Buffet Reception for Minnesota Legislators; Stem Hall, St. Paul Civic Center Conference Fee: $10.00 I D Th e,41 re iN :' rep Are vi L_e,Al Alq &two tArt der UP- OWP -rO C"tC Ce. WFILR- C) st-ceer p p fl 4C - tA V e- p Vx�- T: r,4 C-- X Twxr W s-rn,P,F'r �x-/ I- -7 V, TO: Warren C: Hyde, City Manager FROM: Fran Hoffman, Assistant City Engineer SUBJECT: SPEED ZONING IN SCHOOL AREAS Dr. Ralph Lieber, Superintendent of Schools and the President's Council of the PTA have requested that the City establish speed zones abutting the school grounds according to new subdivision (5a) of Minnesota Statutes, Section 169.14. (Copy of law attached with explanations). The installation of a speed zone in a school area is worthy of a demonstration to determine if effective speed reduction can be achieved. The major problem is installing a sign system that will alert the motorist as the law is in effect only on a part -time basis. (See explanation 5 on attached sheets). It is the belief that the approved sign "SCHOOL, SPEED LIMIT 20, WHEN CHILDREN ARE PRESENT" is not effective as the legend "WHEN CHILDREN ARE PRESENT" will be ambiguous to the motorist. Therefore, enforcement of such a sign will be difficult. It is recommended that a variable message sign system be used which will display "SCHOOL, SPEED LIMIT.20 MPH" during pre- determined times, with a flasher attached to the top of the sign. The Police Department concurs in the belief that such signing has more visual impact and will be easier to enforce. The method recommended to implement a demonstration of this system in a school zone is the purchase of a Varicom sign system from Minnesota Mining & Manufacturing which has designed a system applicable to the new law. The quoted price for one system is $778.00. Two systems per speed zone are required if installed independently. If interconnected, one complete system is required plus a second system without a controller cabinet. The costs per speed zone are tabulated below: Two sign systems (independent) _ $ 1,556.00 Two sign systems (interconnected) _ $ 1,288.00 The interconnected sign system for $1,288.00 is recommended with the demonstration area being W. 70th Street adjacent to Cornelia Elementary School. If the demonstration is successful, ten to fifteen additional zones will be established for school year 1976 -77. THE LAW • Minnesota Statutes 1974, Section 169.14, read. in part: Subd. 5a [SPEED ZONING IN SCHOOL ZONES.] Local authorities may establish a school speed limit within a school zone upon the basis of an engineering and tra2fic investigation as prescribe -d by the Commissioner of Highways. The establishment of a school speed limit on any trunk high!-my shall be with the consent of the Co- missioner of High!-yays. Such school speed limits shall be in effect ! -rhen child- ren are present, going to or leaving school during opening or closing hour or during school recess periods. The school speed limit shall not be lower than 20 miles per hour and shall not be more than 15 miles_ Per hour below the established speed limit on an affected street or highway if the established speed limit is 40 miles per hour or greater. The school speed limit shall be effective upon the erection of appro- priate signs designating the speed and indicating the beeinning and end of the reduced speed zone. Any speed in excess of such posted school speed limit is unlacaful. All such signs shall be erected by the local authorities on those streets and highways under their respective Jur- isdictions and by the commissioner of highways on trunk highways. For the purpose of this subdivision, "school zone" means that section of a street or high! -ray which abuts the grounds of a school where children have access to the street or high *.ray from the school property or where an established school crossing is located provided .•-the - school •advance sl:m -- rescribea br uh- a -manual -.ar_ - uniform- traffic _�..� control devices adopted by the commissioner of highcrays pursuant to section 169.06 is in place. �I THE EXPLANATIONS 1) "...local authorities.." as defined in Section 169.01 Subd 28 means "every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this state,..." School zone speed limits must be established by the appropriate city council or county board action, and cannot be established by school boards. 2) " ... up-on the basis of an engineering and traffic investigation..." This document presents the necessary engineering and traffic in- vestigation. 3) "...as prescribed by the commissioner of highways..." is meant to ensure that motorists will encounter speed zones determined by valid methods applied uniformly statewide. 4) "...the establishment of a school speed limit on any trunk high- way shall be with the consent of the commissioner of highways.,*" The Commissioner retains authority on trunk highways that may be located in a school zone. If a School Route Plan or a school zone includes a trunk highway, the appropriate Highway Department District Office should be contacted for guidance and assistance. 5) "...Such school speed limits shall be in effect wher children are present, going to or leaving school during opening or closing hours or _during school recess periods..." Because the reduced speed may only be necessary during these times, it is unreasonable to require drivers to reduce speeds during other times. The school zone limit is "part -time" and must be identified accordingly. Non - school time speed limits must be determined in accordance with Minnesota Statutes 1974 Section 169.14. 6) "...the school speed limit shall not be lower than 20 MPH and shall not be more than 15 MPH belo *.n the established speed limit on the affected street or highway..." Limitations on the speed zone reductions are meant.ro preclude .creation of bazarAmis. conditions. 3 FdRM.4275 -7 Pwo TRAFFIC CONTROL DEVICES DEPARTMENT TRAFFIC CONTROL DEVICES DEPARTMENT Traffic Control Products 3m (612) 733 -9350 (612) 733 -9351 GENERAL OFFICES O 3M CENTER • SAINT PAUL, MINNESOTA 55101 TO: /TV 0F EblN/ j M AJ . PLEASE SUBMIT ORDER TO: MINNESOTA MINING E MANUFACTURING Co. QUOTATION NUMBER QUOTATION DATE q 7 f TERMS j A) Er S O F.O.B, iDEsr) A) "OA-) SHIPPING TIME 90 bf n 4e_0 3M CENTER ST. PAUL, MINNESOTA 55101 ATTN: T.CM.D. BLDG. 223 -3N QUOTATION a o uc.y VAt2)c0rn .(�21vLd eyo46 do,ur2b, E -ACI To 0-'0A9SlS7- OPT4E RL-ILOWIAJL I " ay yA 38 )I LIA2ICoM Q2t iu;) cyc Lr Cbviacc: S/cvu - Sil 6LcMcSSA(0C:,101Tt1 F'kE F48a,C A�r� Ral-) hE, �t� i,�P� Sic3 r� r 2 t � � 2 2 � ��/�nn) G (I4I S4 -3�S t� f VAZcvm G` yc�C 0d� r'uL- �oA 2mccr gox, w,(l+ SiiW6AA,0 T(MC Q"cl2 EA9 e/Lco N z 00-010 C SiN _ G.�wr- Scup Srt47L^- �cs4- � S�8 � OS C) srEE c- CA,01A)Cr -'W&CO 6017-14 F'uscI�OA- ) M-4 (V4L1Av -,v Sou I Tao 0 #6v1c .csEd S w/ rrct4 v,PPC-a) 10 j &V C ac.� Ad kaV. 8ft %5 SrJ13 949 e$t'.J Aua4oeL, hoc r S u — goo AoUNnAk 8121k4V7- ��. /i w i TO: Warren C. Hyde, City Manager FROM: Fran Hoffman, Assistant City Engineer SUBJECT: SPEED ZONING IN SCHOOL AREAS Dr. Ralph Lieber, Superintendent of Schools and the President's Council of the PTA have requested that the City establish speed zones abutting the school grounds according to new subdivision (5a) of Minnesota Statutes, Section 169.14. (Copy of law attached with explanations). The installation of a speed zone in a school area is worthy of a demonstration to.determine if effective speed reduction can be achieved. The major problem is installing a sign system that will alert the motorist as the law is in effect only on a part -time basis. (See explanation 5 on attached sheets). It is the belief that the approved sign "SCHOOL, SPEED LIMIT 20, WHEN CHILDREN ARE PRESENT" is not effective as the legend "WHEN CHILDREN ARE PRESENT" will be ambiguous to the motorist. Therefore, enforcement of such a sign will be difficult. It is recommended that a variable message sign system be used which will display "SCHOOL, SPEED LIMIT 20 MPH" during pre - determined times, with a flasher attached to the top of the sign. The Police Department concurs in the belief that such signing has more visual impact and will be easier to enforce. The method recommended to implement a demonstration of this system in a school zone is the purchase of a Varicom sign system from Minnesota Mining & Manufacturing which has designed a system applicable to the new law. The quoted price for one system is $778.00. Two systems per speed zone are required if installed independently. If interconnected, one complete system is required plus a second system without a controller cabinet. The costs per speed zone are tabulated below: Two sign systems (independent) _ $ 1,556.00 Two sign systems (interconnected) _ $ 1,288.00 The interconnected sign system for $1,288.00 is recommended with the demonstration area being W. 70th Street adjacent to Cornelia Elementary School. If the demonstration is successful, ten to fifteen additional zones will be established for school year 1976 -77. THE LAW Minnesota Statutes 1974, Section 169.14, read in part: Subd. 5a [SPEED ZONING IN SCHOOL ZONES.] Local authorities may establish a school speed limit v -ithin a school zone upon the basis of an engineering and traffic investigation as prescribed by the Commissioner of Highways. The establishment of a school speed limit on any trunk higly.-my shall be with the consent of the Commissioner of Highx'?ays. Such school speed limits shall be in effect t -Then child- ren are present, going to or leaving school during opening or closing hour or during school recess Deriods. The school speed limit shall not be lover than 20 miles per hour and shall not be more than 15 wiles per hour below the established speed limit on an affected street or highway if the established speed limit is 40 miles Der hour or greater. The school steed limit shall be effective upon the erection of aonro- priate signs designating, the speed and indicating the beginning and end of the reduced speed zone. Any speed in excess of such posted school speed limit is unlae7ful. All such signs shall be erected by the local authorities on those streets and highwags under their resnective jur- isdictions and by the c.om<nissioner of high.. %ays on trunk highways. For the purpose of this subdivision, "school zone" means that section of a street or higb.ay which abuts the grounds of a school where children have access to the street or highway from the school property or t•-here an established school crossing is located provided .-the. school - advance s: r_r..onnscribzd bm _or_ _unifom traffic control devices adopted by the commissioner of highs -ays pursuant to section 169.06 is in place. 2 THE EXPLANATIONS 1) "...local authorities... " as defined in Section 169.01 Subd 28 means "every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this state,..." School zone speed limits must be established by the appropriate city council or county board action, and cannot be established by school boards. 2) "...upon the' basis of an engineering and traffic investigation..." This document presents the necessary engineering and traffic in- vestigation. 3) "...as prescribed by the commissioner of highways..." is meant to ensure that motorists will encounter speed zones determined by valid methods applied uniformly statewide. 4) "...the establishment of a school speed limit on any trunk high- way shall be with the consent of the co=issioner of highways..." The Commissioner retains authority on trunk highways that may be located in a school zone. If a School Route Plan or a school zone includes a trunk highway, the appropriate Highway Department District Office should be contacted for guidance and assistance. 5) " ... _Such school speed limits shall be in effect wher children are present, going to or leaving school during opening or closing hours_ or during school recess periods..." Because the reduced speed may only be necessary during these times, it is unreasonable to require drivers to reduce speeds during other times. The school zone limit is "part- time" and must be identified accordingly. Non - school time speed limits must be determined in accordance with Minnesota Statutes 1974 Section 169.14. 6) "...the school speed limit shall not be lower than 20 MPH and shall not be more than 15 NPH below the established speed limit on the affected street or highway..." Limitations on the speed zone reductions are meant to preclude creation of.bazardous conditions. FORM 4275 -7 PWO - TRAFFIC CONTROL DEVICES DEPARTMENT TRAFFIC CONTROL DEVICES DEPARTMENT Traffic Control Products 3mmwur (612) 733 -9350 (612) 733.9351 GENERAL OFFICES • SM CENTER • SAINT PAUL, MINNESOTA 55101 TO: (217Y or EbIN/ M k) . PLEASE SUBMIT ORDER TO: MINNESOTA MINING E MANUFACTURING CO. QUOTATION NUMBER QUOTATION DATE A q -7 ! TERMS ! 1 OT S o F.O.B. J15SrlNFrf0/V SHIPPING TIME 90 bt4 YS 4 O 3M CENTER ST. PAUL, MINNESOTA 55101 ATTN: T.C.D.D. BLDG. 223 -3N QUOTATION a o Nc.y VA4coM ,021i0 61c46 6,07-2c, SI <M SYS7r"nS - EACl/ TO P©Ws1s7- OF T44E t';L_Lew, „v L I— a4 YAS lb h L) A21coM e2r -hL:j Cyc Lr C'oN;rNU SreVu - sib &_ - -MaW? &F_ ,W/7# FAc,E F "aic Pae,�, Roo-) 41 &14 /,g-; ­ c vS1 rryy c QEr ecr.0 c Sh��n� G R �tIL)(o 54 -3�/5 P � c.3rh�r 2o(1412 2 -� VAZcvm Gycc.C�dtif Z- C'0X7 c, 90x, W)n+ SRW(vAn10 10hl/X- 12 T (M 0 QLCCA EM e/LCO N 2 oolr to", Sip4C- C'ir�Wr So�� S7 4TC Svg �E}Sr" St EE C/-?t r•vET -wl rw,7r4 F0SC -(10 MJ))M -4AV-RL /Avg SW I TCL 0 #601Cc -CSEd S col rC(4 � C) 60 (• "dPC u9 � A"/ C tic.r� Atia k E �%. 1 I.s' a �` srEEL Ae�t 81Ut5 SCQ 64Se "ILD ,�tjQ4o& 190L7-S ... elf Y GLLotc� iiZt9iC Sl ir�u•4c.. BCt; i 1f a - boo N ou tj Z-J O(, 82ACI e(F_rs -roa, z % A AooN?71_9r_ f �� .2 Pu.c COCYJrr&;<, 00x Tor 6CncoN MDU jT- Foq, a1z71 Pots wtw,,o- en&-,er - Q0 zeko Pal Cc pz�p" sysrcnl 778 OL CONDITIONS 1. Delivery of plus 10% or minus 10% of ordered quantity shall constitute fulfillment of the order. We will endeavor to supply The exact number of units specified. 2. Any claim /or loss or damage caused by the transporting carrier(s) must be supported with a delivery receipt, noting such shortage or damages and signed by the delivering carrier's driver, and /or a carrier inspec- tion report. When damage is concealedat time of delivery, an inspection by the carrier must be requested as soon as possible but not later than fifteen days from delivery. Any defects in material must also be reported within /ifteen days alter receipt of goods. 3. We assume no responsibility /or any loss or damage incurred due to delay or inability to deliver, caused by fire, strikes, accident, embargoes, car shortage, delays of carriers, insurrection, riot, acts of civil or military authorities or acts of God. 4. Where we have indicated prepaid, our price includes transportation to destination via the cheapest way. In cases where special routing is requested, we will take the privilege of charging back the di/ference between the cheapest way and the special routing. 5. This quotation is based on continuous production of the quantities speci/ied 6. Prices quoted herein are firm prices /or a periodo/ 60 days after quotation date unless otherwise specified above. Also, unless otherwise specified above, prices quoted are /or a single destination. 7. The above quotation does not include any Federal, State or Local taxes unless so indicated. T. Vor - RaLC. �cl,cO 5 8 0 0 8 5 T H A V E N 0 R 0 0 K L Y N P A R K M I N N E S 0 T A T E L E P H 0 N E city of brooklyn park February 3, 1976 TO: SUBURBAN HENNEPIN COUNTY MAYORS AND CITY MANAGERS (Please duplicate for your Councilmen) .e. _ w..,...� .,... a . FROM: JIM KRAUTKREMER, MAYOR, CITY OF BROOKLYN PARK It is time Suburban Hennepin County Municipalities take a look at Minneapolis successes in gaining property tax relief from the Minnesota Legislature. Admittedly Minneapolis has unigge core city problems, but the suburbs also have their problems. Yet Minneapolis effectively uses its high taxes and its size to influence the Legislature. However, I am one who believes Minneapolis has voluntarily chosen to provide extra services, high pension benefits, and a large city staff, thereby increas- ing its operating expense "needs." Last year, for example, Minneapolis secured significant increases in state aid from the Legislature via the local government aid formula, state assumption of 905 of medical indigent cost of Hennepin County Medical Center', and the state.assumption of Minneapolis Teachers' Retire- ment Pension costs. The financial benefit to Minneapolis is summari ;ed. as follows: Minneapolis Gained Municipal Aid Formula Medical Indigent Cost Assumption Teachers' Pension Cost Assumption You probably have seen articles that have been made resulting in apolis. I think it is important aware of the facts. 1976 $10,022,521 3,936,197 4,320,774 1.8,279,492 in the paper regarding various studies these tremendous aid gains for Minne- that you should personally be made A meeting will be held on Wednesda February ll 1976, 7:30 p.m. , in the Minnetonka City Hall mile crest of I -494 on County Roa -T08`— 3'iscuss tFiis proem "Members of the press will be there; and hopefully, every Mayor, Councilman, and City Manager from Suburban Hennepin County. A lack of interest by Suburban Hennepin County is just like signing a blank check. We need the support of all suburban Hennepin County com- munities to make sure that the numbers are written out before the check is signed. I hope to see you there! JK /mp Mayor and Council Fire Dept. -- Aerial Truck Transmission Replacement The 1969 aerial ladder truck was designed to allow one man driver operation, without a "tiller" man. The truck has a manually oper- ated gear shift transmission. Experience has proven that because the younger members of the department have.not been brought up with anything but automatic transmissions, they have difficulty cornering when driving this apparatus. When turning, and shifting gears, the operators have difficulty maintaining enough revolutions per minute to control the rear wheels. Late Monday afternoon, February 2, Chief Buresh pointed out. this problem and the fact that a $500 repair was necessary at this time on the present transmission. I authorized him to get quotations on an automatic transmission which he recommends. There is probably only one supplier and to get the truck in operating condition as soon as possible, we will have to proceed. I had.intended to bring this up at Council meeting, February 2, but missed it on the "last- minute" additions to the . agenda. The approximate cost of the conversion is $ 8,462, which was.not included in the 1976 budget. This.can be appropriated from Contingencies or Federal.Revenue Sharing. Warren C. Hyde CITY MANAGER hgd nv M—,or and Co =ci, Feb. 9,1976 Public Information Aide (CETA) Roger Downey, our PIA (:), has received an offer of a permanent job with k.he State Highway Department in Traffic Safety Information, at about $900 /mo He is now getting $700, having been raised Jan. 1 from $600. He would rather work here if there is any gmammm reasonable chance of being continued for a while, at $850. I could see the possibility of funds to keep him during the balance of but 176, j�xx told him the 1977 chances are problematical until budget is decided. We could probably raise his CETA salaryto $825 per month, until June 30. We could supplement for March -June at $25 per month, or $300. Then, if CLTA expires on June 30, we would be in for 6 months at $860 or $5100, add1l. This totals to $5400 for the balance of'75. There is some possibility .iven the mood of Congress that CETA may be extended, Tom Helena will be on military leave without pay, March, April, and May, s'reein g up about ;3300. This would leave a balance of $2100 to fund. Roger has done some very good work and I full well realize that when C3TA employees were approved by you, it was on the understanding that there was no -sar ntee they would continue at the end of CETA. He must accept or decline the State offer Thursday. � at are your thoughts? WCH 150� City Manager 1 3(dJ� MEMORANDUM f TO: City Council FROM: Greg Luce, City Planner SUBJECT: Data 100 Second Addition. Rauenhorst Corporation has asked us to review and approve a plat for the above referenced.subdivision. This subdivision is unique in that it contains the only part of Edina -which is north of the Crosstown Highway. and west of County Road 18. It is a long, narrow 1.7 acre parcel.. The property is presently zoned R -1 and would remain same although the use of the land adjacent to it would be industrial. The impact of this subdivision is far more important to Minnetonka than to Edina, therefore Minnetonka should be the.primary reviewing agency -of this subdivision. Minnetonka agrees with this statement and recently granted the plat preliminary approval. To reduce as much as possible the bureau- cratic procedures necessary to approve a plat in two municipalities, I would recommend that Edina agree only to review the final plat and make no subdivision requirements other than those Minnetonka.requests us to make. GL:ln 2/9/76 SUBJECT: Metropolitan Council's Rent Assistance Program ; Attached.please find a proposal to join the Metropolitan Council's Rent Assistance Program. Last year 13 municipalities - participated in this program in.addition to individual programs in Minneapolis, St. Paul, and, Bloomington.. I understand that Minnetonka, Eden Prairie and..about 10 other suburban municipalities are joining the program this year. For all practical purposes, the program requires no staff time or strings on the part of the city but does indicate a willingness to work with the Metropolitan Council in implementing their housing plan. Attached also is a proposed form resolution which I would recommend adopting as is should the city be interested in participating in this program. What is the rent assistance program? The rent assistance program of the Metropolitan Hous- ing and Redevelopment Authority (Metro HRA) will help you pay your rent if you qualify as a low or moderate in- come family. Eligible families select their own rental units, and pay no more than 25 per cent of their income toward rent. The HRA pays the balance of the rent. Who can apply for rent assistance? The program is open to low and moderate income fami- lies without regard to race, color, religion, national origin, sex, source of income, or present residential location. However, if your application is approved, you must select a rental unit that is located in one of the following 13 Metro HRA participating communities: Brooklyn Park Richfield Columbia Heights Robbinsdale Coon Rapids Roseville Hopkins St. Anthony New Brighton Shakopee New Hope Stillwater North St. Paul What are the income limits of the program? You may be eligible if your income is below the maximum income limits shown below and you are: a. An elderly, handicapped, or disabled individual, or b. A family of two or more persons. Family Size Income Limit 1 $ 7,800 2 10,000 3 11,250 4 12,500 5 13,250 6 14,050 7 14,850 8 or more 15,600 9 199 iae What types of rental housing are included? Privately -owned duplexes, townhouses, apartment units, cooperatives, congregate housing, single - family homes, and mobile homes are included if they are within the maximum rent limits of the program, and of the appro- priate size for the family. What are the maximum rents allowed for the program? To qualify for assistance, a rental unit cannot rent for more than the following: Size of Unit Maximum Rent 0- bedroom $144 1- bedroom 164 2- bedroom 194 3- bedroom 224 4- bedroom or larger 254 These maximum rents include all utilities except telephone. How does the program work? 1. You complete an application to the HRA for rent assistance. 2. If the application is approved, you are given a certifi- cate to look for a rental unit. 3. The HRA may help you locate a suitable unit. 4. When you find a suitable unit, you inspect it. 5. You discuss lease provisions with the owner. 6. The HRA inspects the unit. 7. If the unit and the lease are suitable, the HRA ap- proves the lease. 8. You can then move into the unit. 9. You pay no more than 25% of your income toward rent. 10. The HRA pays the balance of the rent to the owner. Must a family move to participate in the program? If you are already renting a suitable unit within the rent limits in one of the 13 communities, but are paying more than 25% of your income for rent, you may be able to remain in this unit and pay less. Preparation of this brochure was financed through Section 8 housing funds from the U.S. Department of Housing and Urban De- EQUAL HOUSING velopment. OPPORTUNITY Metropolitan Council 300 Metro Square Building 7th and Robert Street St. Paul, Minnesota 55101 � C t For further information contact: City Hall in any of the 13 participating communities or: Metropolitan Council Housing and Redevelopment Authority 300 Metro Square Building St. Paul, Minnesota 55101 227 -9421 Rent Assistance Program For Residents of the Twin Cities Metropolitan Area Participating Communities: Brooklyn Park New Brighton Richfield St. Anthony Columbia Heights New Hope Robbinsdale Shakopee Coon Rapids North St. Paul Roseville Stillwater Hopkins, Metropolitan Council Housing and Redevelopment Authority July, 1975 M E T R O P O L I T A N C 0 U N C I L Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 291 -6359 METROPOLITAN COUNCIL HOUSING AND REDEVELOP`IE:iT AUTHORITY SECTION 8 RENT ASSISTANCE How Can a Community Join Metro HRA? - The local City Council must pass a resolution authorizing Metro HRA to apply for federal housing funds on behalf of the community. If the community has a Housing Authority, the Housing Authority must also approve joining the Metro HRA program. In order to operate this program successfully, the community should have an adequate supply of rental housing within or near the rent limits shown in the program brochure. How Does the Rent Assistance Program Operate? At present, Metro HRA has 13 timber communities in the Rent Assistance Program. Lower - income families and the elderly seeking assistance can apply at a local office in any one of the communities. There. are also application offices in Min- neapolis and St. Paul. Many of the 13 member communities provide their own staff at their local offices. Metro HRA provides training for this staff. Most or all of the costs for these services are reimbursed out of federal funds received by Metro HRA. In some member communities, Metro HRA provides staff to work part -time at the local offices. In all cases, Metro HRA handles certain duties such as applications to HUD, bookkeeping and accounting functions and contract administra- tion. Also in almost all cases, local office space is provided to serve the needs of applicants, and local inspectors are used to inspect rental units to be subsidized under the program. What Advantazes are There for a Community Joining Metro HRA for this Program'? - This is a scattered -site housing program designed to avoid concentrations of low- income housing. - All property remains privately-owned-and on the tax rolls. - This program offers you an opportunity to assist lower- income families and the elderly in your own community. - It is possible, under the Metro HRA program, to operate a small program, geared to local needs, without sacrificing efficiency. Metro HRA submits just one application for funds to HUD on behalf of many individual communities. All the federal government paperwork is handled by Metro HRA. - Local involvement in program operations is encouraged, but Metro HRA_ can provide part -time staff to service smaller programs. - The Metro HR,-k program can save you money, and give you an opportunity to receive a share of scarce federal housing subsidy funds. . RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO APPLY FOR HOUSING ASSISTANCE FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF EDINA WHEREAS, the Metropolitan Council has been.duly organized pursuant to Minnesota Statutes 473.06, subd.3 and Minnesota Laws 1975, Chapter 13, Section 6, Subd. 3; Section 21, Subd. 1; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes'Section 462.411 to 462.711, and acts amendatory thereof; WHEREAS, the'City of Edina and the Metropolitan Council desire to assist lower income families and elderly to obtain adequate housing in the City of Edina at a price they can afford, and to accomplish this purpose desire to apply for federal funds to undertake a program of subsidizing rent payments to landlords who provide adequate housing to such individuals and families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDINA that the Metropolitan Council is hereby authorized to include the City of Edina in its application for federal funds to implement a program of rental assistance to lower income families and elderly, and that upon federal approval of such application, the City of Edina and the Metropolitan Council will enter into an agreement for operating the program within the City. Ali QM i1TTOXT WHEREAS, the Minnesota State Legislature is considering the passage of .an act commonly referred to as the "Mandatory Comprehensive Planning Act" (S.F. 1653); and WHEREAS, said act would require every local governmental unit in the seven county metropolitan area to submit to the Metropolitan Council for review a detailed, comprehensive plan; and WHEREAS,'said act does not consider the fact that many of the so- called "first ring" suburbs are almost completely developed; and WHEREAS, the City of Edina has, without the adoption of an ;overall, compre- hensive.plan, through its own local efforts, planned and zoned most effectively during a 25 year period of rapid growth, as have most other similar suburbs; - -` and WHEREAS, Senate File 1653 would require the expenditure by the City of Edina of a considerable sum of money and makes no provision for financing such expenditure; and WHEREAS, so far as the City of Edina is concerned,.a comprehensive plan would be of little value; and WHEREAS, Senate File 1653.does not make adequate provision for areas which may be redeveloped within.the time frame which the comprehensive plan is to.cover; and WHEREAS, vast sums of public money have been wasted on so- called master and comprehensive plans because present land use controls are ineffective and will be until the whole system of private ownership of land is drastically changed; and WHEREAS, this proposed legislation would effectively erode the local author- ity of elected City Councils and transfer it to the appointed Metropolitan Council; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the City of Edina's Representatives and Senators in the Minnesota Legislature be requested to oppose vigorously the enactment of S.F. 1653, and any similar legislation. ADOPTED this 9th day of February, 1976. nk�A' h..i - L 0 I Whereas, the Minnesota State Legislature is considering the Comprehensive passage of an act commonly referred to as the "Mandatory lanning Act" (S. F. 1653), and, - Whereas, said act would require evef'y local governmental unit in the seven county metropolitan area to submit to the Metropolitan Council for review a detailed, comprehensive plan, and, Whereas, said act.does not consider the fact that many of the so- called "first ring" suburbs are almost completely developed, and, Whereas, the City of Edina has, without the adoption of an overall; comprehensive plan, through its own local efforts planned and zoned most effectively 25 during a Amn year period of rapid growth, m[t,as have most other similar suburbs, and Whereas, Senate File 1653 %could require the expenditure by the City of Edina of a considerable sum of money and makes no provision for financing such expenditure, and, ereas, so far as the City of Edina is concerned, a comprehensive plan would be of littl ereas; Senate File 1653 does.not make adqquate provision for value, and areas w is may be redeveloped within the time frame f= which the comprehensive plan is to cover, and, Whereas, vast sums of public money have been wasted on so- called master and comprehensive plans because present land use controls are ineffective and �//s�n.� .preset system will be until the of private ownership of land is drastically changed, and, Now, Therefore, Be It Resolved by the that the City of Edina's Representatives and Senators in the Minnesota Legislature be requested to appose vigorously the enactment of S.F. 1653, and any similar legislation. Whereas, this proposed legislation would effectively erode the elected local authority of /City Councils, and transfer it to the appointed Metropolitan Councils and., 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 Special Meeting held February 9, 1976, and. as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this 11th day of February, 1976— City Clerk 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 Special Meeting held February 9, 1976, and as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this 11th day of February, 1976. City Clerk `J 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 Special Meeting held February 9, 1976, and as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this 11th day of February, 1976. City Clerk 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 Special Meeting held February 9, 1976, and as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this 11th day of February, 1976. City Clerk 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 Special Meeting held February 9, 1976, and as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this 11th day of February, 1976. City Clerk O P- OTTO T. BANG, JR. = SENATOR 39TH DISTRICT 5200 DUGGAN PLAZA EDINA, MINNESOTA 55435 S#af¢ , of )Rixcxc¢.sofa SENATE COMMITTEES LABOR AND COMMERCE TAXES AND TAX LAWS TRANSPORTATION AND GENERAL LEGISLATION February 5, 1975 Mr. Warren C. Hyde Edina City Hall 4801 W. 50th Street Edina, Minnesota 55424 Dear Warren: This is the latest on the Metro- politan Council Land Planning Bill. I would like to know if you have taken a position on this legislation. Please let me know. OTB:ve enc. Cordially yours, 65'9�7 Otto T. Bang, Jr. Senator 14 PROPOSED AMENDMENTS TO S.F. 1653 (By subject matter grouping) G R O U P 1 LAND USE ADVISORY COMMITTEE Page 4, line 12. Delete "Pursuant to Laws 1975, Chapter 13, Section 4;" and after "of" insert "county officials, one from each county in the metropolitan area appointed by the respective count boards." Page 4, line 14. After "district" insert "appointed by the council member from a list of local officials nominated by official resolu- tion of the governing bodies of the cities and towns contained wholly or in part in the district; 2 officials of school dis- tricts selected by the Council from a list of officials nonlin- ated by official resolution of the governing bodies of the school districts contained wholly or in part In the metropol- itan area; plus a chairperson and such other members as may be necessary to ensure at least two representatives from each generalized policy area identified in the development frame%ork adopted by the council on '•larch 27, 1975. Additional members, excluding the chairperson, shall be selected from the list of local officials nominated by .the governing bodies of the local units -of government." Page 4, line 14. Page 4. Delete "and as many additional members as are ". Delete lines 15 and 16. _.l r DISCUSSION: The Land Use Advisory Committee concept is somewhat controversial with local officials. _Two main criticisms have been made: (1) it might be- come a "super planning commission" with representation skewed towards the already developed areas and (2) if appointed by the Council.inde- pendent of local input, it might become just a "rubber stamp" to lend credence to the Council's actions. The AMINI suggests that this committee be structured carefully to ensure representation of all areas affected. This would include counties and school districts, if included in the fi- nal bill. Since the Planning Bill will, in fact, be used as a tool to implement the Development Framework and does have more real impact in rural and developing areas, it is important that each'of the generalized policy areas identified in the framework be represented on the Advisory Committee. It is also suggested that if the committee is to be a useful Advisory Board, members should be aware of and understand the problems of areas represented. To best accomplish this and to be truly representa- tive of and for local planning units, it is suggested that local officials have a greater voice in the selection of the committee. This can be ac- complished by specifying that local officials from; each respective area nominate one or more individuals to the area's Metropolitan Council re- presentative who would then make the final choice from the list provided by local units. While we have not made a specific recommendation, per- haps some thought might be given'to identifying the functions of such a committee similar to earlier versions of this bill. G R 0 U P :2 BOARDS OF APPEAL Page 4, after line 7. Add a new subdivision as' follows: "Subd. 12. " boards of appeal'_ or 'board' means boards of appeal established pursuant to sec- tion 4 of this act. Page 4, after line 16. Add a new section: "Sec 4 (Boards of Appeal). When a dispute arises between the council and a local unit concerning; the orovi sions of this act a board of appeal shall be established__to ar- bitrate the dispute One member shall be appointed by the coun- cil and one member shall be appointed by the local. unit of gov- ernment The council appointee and the local unit appointee shall jointly select the third member from a list of five citizens nominated by the director of the state planning agency. Citizens nominated by the director must have served as a local unit elected official, but must not be presently servi.nf-_ in that ca12-.112 I1 agreeri,cgat on a third member cannot be reached voluntarily. the -2- council appointee and the local unit appointee will alternately strike names from the list until only one name remains who shall then be the third board member." Page 5, line 20. Page 5. After "may" delete the rest of the line and add: "by resolu- tion request the council to modify any portion of the metropol- itan systems statement or amendment. A request for modifica- tion shall be accompanied by an explanation of the reasons necessitating or justifying the realest. The council shall con- duct a hearing to consider the retest and not later than 30 days after the hearing shall by resolution containing the findings of fact and final order, affirm or modify the ". Delete lines 21 and 22. Page 10, line 9. After "unit" insert "any modifications required shall be by resolution of the council, containing findings of fact and final order." Page 15, after line 11. Insert two new sections: "Sec. 1,7. (Administrative Review).. Any local governmental unit aggrieved by a final council_ order pursuant to sections 6 or 10 may appeal the council's final order to the council and if the council and the local unit are unable to reach agreement on the matter so that it is accept- able to both parties, then a record of the disagreeing; positions . shall be _made and presented to the director of the state planning agency for consideration by a board of appeals,_ if requested by the local governmental unit. A board of appeals shall then be established pursuant to Section 4 of this act by the director. The board, after notice and hearings as provided for in con- tested cases,shall determine whether the systems statement is consistent with the metropolitan systems plans pursuant to see - tion 6 of this act or whether the local comprehensive plan is consistent with the metropolitan systems plans pursuant to sec- tion 2, subdivision 8 of this act. The board shall not approve any systems statement unless it is consistent with the systems Mans nor shall it approve any local plan unless it is consis- tent with the metropolitan systems plans." and "Sec. 18. (Judi- cial Review). Any local governmental unit or other person ag- grieved by a final council order pursuant to sections 6 or 10 may appeal the council order pursuant to Minnesota Statutes Sections 15.0424, 1.5.0425 and 15.0,126 for contested cases. The council, local government unit or other person aggrieved—by a final bard order pursuant to section 17 may 'appeal the orcccr -3- pursuant to minnesota statute, sections 15.0424, 15.0425 and 15.0426 for contested cases. The council, unit, district or other person a.grri.eved by a final order or ,judgment rendered on appeal to the district court ina.y anneal therefrom to the supreme court in the manner provided in civil actions. DISCUSSION: SF 1653, as presently constituted, basically puts the Council in a posi- tion of "judge, jury and final authority" in all matters of dispute as it relates to systems statements, systems plans and the local comprehen- sive plans. There is really no provision for dealing wiith the situation where a local unit disagrees with the interpretation of the metro systems plans as delineated in the systems statements. It appears that the pre- sent wording as it relates to the systems statements, because it does not require the Council's decision to be a "resolution containing the find- ings of fact and final order ", would prevent or make it extremely diffi- cult for the local unit to challenge this decision;in court. Because of the costs and time involved in preparing the comprehensive plans, it is important to establish "up front" that the systems statements accur- ately reflect the metropolitan systems plans and enable local units to challenge the statements if they think they are incorrect. It should be noted that we are only suggesting that a process be provided to challenge the systems statement, which is an interpretation of the systems plans, not the validity of the systems plans themselves. Also, we suggest imple- menting a board of appeals procedure that may be initiated by local units prior to judicial review for the determination of a system statement and /or comprehensive plan conformance. The optional board of appeals is proposed for two basic reasons. First, it is felt that whereas a judge may have little or no knowledge of planning and development, a panel of people with expertise in these areas could be chosen and would be able to render a more knowledgeable opinion. Secondly, the judicial process can be extremely expensive,thereby limiting the ability of a local unit to appeal a Council decision. The Board of Appeals then can be an impar- tial, knowledgeable and inexpensive third party -:to negotiate differences between local units and the Council saving the taxpayers money and, possibly, eliminating lengthy court actions. A separate Board should be chosen for each occasion and consist of one person appointed by the Coun- cil, one person appointed by the local unit, and a third person chosen by the other two from a list of five provided by the Director of the State Planning Agency. If the Board of Appeals' decision is disputed by either party, judicial proceedings could then be initiated. It should be noted that we are also suggesting that a section be added which au- thorizes the aggrieved parties access to judicial remedies. From listen- ing to previous discussion by members of the Senate Metropolitan and Ur- ban Affairs Committee, I understand there is a reluctance to incorporate such language in each separate legislative proposal due to the fact that it is considered redundant and unnecessary since the affected parties would have that right even if it is not specifically noted in the bill. We think, in this case, that it should be referenced to delineate the relationship to the Appeals Board and, also, to make it clear that the Systems Statement can be legally challenged. I "I G R 0 U P 3 LOCAL UNIT COSTS IN CHANGING PLANS AND PIiYSICAL FACILITIES Pa ,qe 10, line 15. Af ter unit amen DIRECTED BY THE COUNCIL "plan" insert "All costs incurred by the governmental or school district in preparing the plan amendment or ments to the official control shall be paid for by the Council.. Costs incurred by the local governmental unit,or school district in changing their physical facilities neces- sitated by change in the metropolitan systems plans shall be paid for by the council." DISCUSSION: The proposed legislation provides that the Council may require a local unit to amend its plan and controls after a plan has been adopted to reflect changes in systems plans. This could cause a considerable ex- pense to a local unit that may have incurred costs based on anticipated development which was consistent with the original metropolitan systems plans. A common example would be'ihe installation of a storm sewer for an area in anticipation of development over a time phased period which would then pay the expenses (bonds). If a metropolitan systems plan then changed, calling for open space in this area or deletion of sewer capacity, the local unit would then have to pay costs.incurred with no revenue expected. It is suggested that a provision be included in this legislation to ensure that if this type of action occurs the local unit would.be reimbursed for its costs. Also, reimbursement for the costs in- curred in changing the plan itself and the official controls which im- plement the plan. In summary, costs incurred by a local unit of govern- ment to accomodate or facilitate a regional directive or benefit should be funded on a regional basis. G R O U P 4 CLARIFICATION OF AMENDMENTS TO SYSTEMS PLANS, COMPREHENSIVE PLANS Page 10, line 3. Delete ",solely to" and insert "which may have a substantial impact on or contain a substantial departure from ". Page 3.0, line 4. Delete "ensure conformity with ". -5- Page 10, line 32. Before "amendment" reinsert. "major ". Page 11, line 1. After "review" insert "which may have a substantial impact on or contain a substantial departure from the metropolitan systems plans," Page 11, line 30. Delete "six months" and insert "reasonable time ". Page 12, line 1. Before "amendments" insert "major ". DISCUSSION: These amendments are suggested to clarify and more clearly define what we understand the real intent is of the proposed ;legislation; i.e. to protect the metropolitan systems from possible overload which could occur from the cumulative results of local actions. Planning is a never ending process which includes minor adjustments and modifications to the official controls and comprehensive plan several times a year. These changes, if handled in the original formal adoption procedure, will cause both regional and local officials to spend a great deal of time in unnecessary busy work shuffling paper around. When con- sidering there are approximately 200 units of government involved there will also be a great waste of taxpayer money. We do not object to all changes being submitted and reviewed, but we do feel that the formal adoption procedure should not be initiated unless there is a major impact on one of the metropolitan systems. The legislation should clearly de- fine that it is the physical-impact or potential impact on the metropol- itan systems that is the concern. As to amendment on page 11, line 30, "six months" may be adequate for a review; however, if just one re- review cycle is needed, this time will be exceeded and a violation of law will occur. We contend that "reasonable time" insures the timely process with- out forcing either regional or local officials to hurry their work to the point of letting something adverse slip through. G R O U P 5 MISCELLANEOUS CLARIFICATIONS AND TECHNICAL TYPE CHANGES Page 2, line 31. At the end of line after "the" insert "financial ". IM Page 2, line 32. Delete "current ". Page 3, line 1. Delete "operating expense of the ". DISCUSSION: The financial impact should be evaluated on more than just the current operating expense of the local unit. Page 5, after line 16. Add a new paragraph as follows: "(c) Any parts of the land use plan, public facilities plan or implementation program which may be excluded from the plan of the local governmental unit. The exclusion of parts shall be based on the nature and character of existing anal projected development within each local governmental unit and on policies, stateme_nts_and re- commendations contained in metropolitan systems plans." DISCUSSION: This language is similar or identical to language which was contained in one of the earlier versions of this bill, and we suggest that it be re- inserted to prevent unnecessary additional costs in preparing very sophisticated plans, if such sophistication is not needed to protect the metropolitan systems. There is a considerable difference among cities due to their size, location, development potential and needs and this legislation should indicate that the complexity and quantity of planning could be different for the various areas. We think that this language more clearly indicates the real intent of this legislation and does not represent a change of intent. Page 5, line 17. Delete 1145" and. insert ''90 ". DISCUSSION: Forty five days is an extremely short time to react, especially when at least three bodies of the local level are involved in systems statement review (Planning Department, Planning Commission and Council). Ninety daysis much more reasonable and may be workable. -7- .. -Pale 9, line 31. Delete "may" and insert "shall ". DISCUSSION: The Council should review and comment on all aspects of comprehensive plans as they affect and are affected by all development guide chapters and policies. Page 10, line 8. After "modifications" and before the comma insert "to assure conformance with the metropolitan systems plans ". DISCUSSION: This section alone could be interpreted to allow the Council the right to request any modification regardless of its relationship to the four metropolitan systems. The clarification ensures the intended interpreta- tion. Page 13, line 4. Page 13. Delete "the persons which the ". Delete line 5.. Page 13, line 6. Delete "contract;" DISCUSSION: In determining grants and loans the legislation requires certain data to be submitted to the Council about what is to be done and how. The AIM does object to the criteria of "who" shall do the actual planning. This criteria could allow the Councilto determine what planners or agencies may become involved in municipal planning by letting or with- holding grants based on the person doing the job. Pale 15, line 27. Place a period after "created" and delete "and may be ". Page 15. Delete line 28. DISCUSSION: An interim ordinance regulating land use may become a tool to force de- velopment to stop. I-% could be misused as a method to continually de- lay making a decision. It is felt that one year is sufficient for a local unit to operate under an interim ordinance and, therefore, it is requested to delete language which could extend this an additional year. -9- Mr. Chenoweth, for the Committee on Metropolitan and Urban Affairs, introduced: S. F. No. 1653: i A bill for an act ` space, Since proble :-,js 2 relating to land planning in the metropolitan 3. area; requiring local adoption of minimum plans 4 and controls; providing for limited council review 5 and acceptance prior to the- adoption of such plans- 6 and controlsl providing for an advisory 7 metropolitan land planning coimmittee; providing • 8 for the enforcement of adopted local plans and 9 controls; including certain expenses in the 10 definition of special levy; providing for interim 11, zoning; amending Minnesota Statutes 1974, Section - 12 462055, by adding a subdivision; and Laws 1.975, 13 Chapter 13, Section 19, and by adding sections, 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 15 Section 1. [LEGISLATIVE FINDIN. S`A_ND PURPOSE,] The 16 - legislature finds and declares that the. local governmental 17 units within the metropolitan area are interdependent, that 18 the growth and patterns of urbanization within the area 19 create the need for additional state, metropolitan and local � 20 public services and facilities and increase the danger of 21 air and water pollution, and that developments in one local 22 governmental unit may have an impact on the providicn of 23 regional capital improvements for se,gers, transportation, 24 airports and regional recreation.00en space, Since proble :-,js 25 of urbanization and development transcend local governmental 26 boundaries, there is a need for the adoption of coordinated. 27 plans, programs and controls by all local governmental, units 1 i 1 and school districts in order to protect the health, safety 2 and welfare of the residents of the metropolitan area and to 3 ensure coordinated, orderly and economic development. 4 Therefore, it is the purpose of sections 1 to 17 of this act 5 to (1) establish requirements and procedures to accomplish 6 comprehensive local planning with land use controls 7 consistent with planned, orderly and staged development and 8 the metropolitan system plans, and (2) to provide assistance 9 to local governmental units and school distrigts within the 10 metropolitan area for the preparation of plans and official AW 11 controls appropriate for their areas and consistent with O- 12 metropolitan system plans, 13 Sec, 2, Laws 1975, Chapter 13, is am i ended by adding a 14 section to reads 15 Sec, 144A, [473,901] [DEFINITIONS,] Subdivision 1, As 16 used in sections 1 to 17 of this act, the following terms r 17 Vhall have the meanings given then, i8 Subd, 2, "Advisory metropolitan land use comm itteell or 19 "advisory committeel' means an advisory committee established 20 by the metropolitan council pursuant to section 3 of this 21 act, 22 Subd, 3, IIApplicable planning statute" means Minnesota 23 Statutes, Sections 394,21 to 394,37 for counties and 24 Minnesota Statutes, Sections 462,351 to 462,364 for cities 25 and towns. 26 Subd. 4, 4Capital improvement program" means an 27 itemized program for a five year prospective period, subject 28 to at least biennial review, setting forth the sche%dule, 29 timing, and details of specific contemplated capital 30 improvements by year, together with their estimnated cost, 31 the reed for each improvement, financial sources, and the 32 impact that the improvements will have on the current 57 .1 operating expense of the local governmental unit or school 2 district, 3 Subd, 5. "Comprehensive plan" means the comprehensive 4 plan of each local governmental unit described in sections 6 5 and 7 of this act. 6 Subd. 6. "Local governmental unit's or "unit" means all 7 cities, counties and towns lying in whole or in Pa +t within- 8 the metropolitan area, but does not include school 9 districts, 10 Subd, 7. "School district" has the meanincr given it by 11 Minnesota Statutes, Section 120002, Subdivisions 14 and 15, 12 and includes any independent or.special school district 13 wholly or partly *within the metropolitan area, e.o-- ...o_�.._....�.._......e. 14 1.7 18 19 20 21 Subd, 8, "Metropolitan system plans,, means the airports portion of the metropolitan development guide, and � e policy plans, developmen t programs and capital budgets for metropolitan waste control,, transportation, and regional recreation open space, Subd. 9. "Official controls" or "controls" means ordinances and regulations which control the physical development of a city, town or any part thereof or any 22 detail thereof and implement the general objectives of the 23 comprehensive plan, `Official controls may include 24 ordinances establishing zoning, subdivision controls, site 25 plan regulations, sanitary codes, building codes and 26 official maps. 27 Subd, 10. "Private sewer. facility" means a single lot, 28 multiple lot or other sewage collection or treatment 29 facility owned, constructed or operated by any person other 30 than a local governmental unit or the metropolitan waste 31 control commission. 32 Subd, 11, "Fiscal devices" means the valuation. of ...r.....__._.___... - tea._.,... _..... a... �.._......_..,..._ -- ---- 3 1 property pursuant_ to Minnesota statutes, Section 273,111► 2 the designation of urban and rural service districts, 3 pursuant_ to Minnesota Statutes, Section 272.67, and the 4 establishment of development districts pursuant to 14innesota 5 Statutesr Sections 472A.01 to 472A.13 and any other statutes 6 authorizing the creation of districts in which the use of 7 tax increment bonding is authorized, 8 Sec, 3, Laws 1975, Chapter 13, is amended by adding a 9 section to read: 10 Sec, 144B, [473003] [ADVISORY. COMMITTEE, l The council 11 may establish an advisory metropolitan land use committee 12 pursuant to section 4, comprised of 16 officials of local 13 governmental units, one from each council'°district, and as 14 many additional members as are necessary to provide 15 representation from each metropolitan county, plus a 16 chairman, 17 Sec, 4, Laws 1975, Chapter 13, is amended by adding a 18 section to read: 19 Sec, 1440. [473,.9043 [GUIDELINES,]-The council shall. 20 prepare and adopt guidelines and.proe.edur_es_z.elating to. the 21 require:nents.and provisions of sections -1 to 17 of this act 22 which will provide assistance to local governmental units 23 and and school districts in accomplishing the provisions of 24 sections 1 to 17 of this act,.. 25 Sec, 5. Laws 1975, Chapter 13, is amended by adding a 26 section to read: 27 Sec, 144D, 1473,9061 [METROPOLITAN SYSTEMS STATEMENT.] rw- _�rw_w - 28 Subdivision 1, By April. 1j, 1976, the council shall transn►it 29 to each local governmental unit a metropolitan systems 30 statement, In the preparation of metropolitan systems 31 state- ments, the council shall consult with appropriate 32 commissions and officials of the unit. The statement shall 4 J f= I contain information relating to'the unit and appropriate 2 surrounding territory that the council determines necessary 3 for the unit to consider in Preparing its comprehensive 4 plan, includinc; the following: 5 (a) The timing, character, function, location, 6 projected capacitY and conditions on use as appropriate, for 7 existing or planned public facilities specified in s�s�ww 8 metropolitan system plans, including at least.interceptor 9 sewers? highways, transit systems, airports, and regional. 10 recreation open space; 11 Information shall also be specified for state and. 12 federal public facilities to the extent known to the i . 13 council; 14 (b) Population, employment and housing need projections 15 which have been used by the council as a basis for its 16 metropolitan systems plans, 17 Subd, 2, Any local governmental unit may, within 45 18 days after receipt of its metropolitan system statement, 19 request the council to conduct a hearing at which the unit 20 may present its views on the information'Provided in the 21 statement, Not later than 30 days after the hearing? the 22 council shall notify the unit of any changes in the 23 metropolitan systems statement, 24 Sec. 6. Laws 1975, Chapter '13, is amended by adding a 25 section to read: 26 Sec, 144E, 1473,9087 [CO,MPREHENSIVE PLANS; LOCAL 27 GOVERNMENTAL UNITS.] Subdivision 1, Within three years 28 following the recei ^t of the metropolitan systems statement, 29 every local governmental unit shall have prepared a 30 comprehensive plan in accordance with sections 1 to 17 of 31 this act and the aprlicable planning statute and shall have 32 submitted the plan to the metropolitan council for review 5 I pursuant to section 9 of this act. The provisions of. 2 sections 1 to 17 of this act shall supersede the provisions 3 of the applicable planning statute wherever-a conflict may 4 exist. 5 Subd. 2. Local governmental units shall submit their 6 proposed co;aPrehensive plans to adjacent governmental units 7 and affected school districts for review and comment at 9 least six months prior to submission of the plan to the 9 council. 10 Subd. 3. The comprehensive plans shall be submitted to 11 the council following approval by the planning commission of 12 the unit, if any, and after consideration but before final 13 approval by the governing body of the unit. 14 Subd. 4, Prior to the adoption of comprehensive plans 15 pursuant to sections 1 to 17 of this act, existing 16 comprehensive plans, capital improvement programs, sewer 17 policy plans and official controls of local governmental IS 'snits shall remain in force and effect. Existing 19 comprehensive plans, capital improvement programs, sewer 20 policy plans, and official controls may be amended as 21 appropriate and new capital improvements programs and _�...,. ._....__...._�— ......_ter. 22 official controls may be prepared and adopted prior to the 23 submission to the council of comprehensive plans required by 24 sections 1 to 17 of this act. 25 Sec, 7, Laws 1975, Chapter 13, is amended by adding a 26 section to read: 27 Sec. 144,^. 1473,9101 [COHPREHENSIVE PLAN COVITENT.3 29 Subdivision 1. The comprehensive plan shall contain 29 objectives, policies, standards and programs to guide public 30 and private land use, development, redevelopment and 31 preservation for all lands and waters within the 32 jurisdiction of the local governmental unit through 1990.and 11 1 may extend through any year thereafter which is evenly 2 divisible by five. Each plan shall specify expected 3 industrial and commercial development, planned population 4 distributiont and local public facility capacities upon 5 which the plan is based. Each plan shall contain a 6 discussion of tre use of the. public facilities specified in 7 the metropolitan system statement and.the effect of the plan 8 on adjacent local governmental units.and affected school 9 distric -ts, Existing plans and official controls may be used 10 in whole or in part followina modification, as necessary, to 11 satisfy the requirements of sections 1 to 17 of this act. 12 The comprehensive plan may contain any additional matter 13 which may be included in a comprehensive plan of the 14 applicable local governmental unit pursuant to the 15 applicable planning statute, 16 Subd, 2. GLAND USE PLAN,] A land use plan shall 17 designate the existing and proposed location, intensity and i8 extent of use of land and water for agricultural, 19 residential, commercial, industrial and other public and 20 private purposes, or.any combination of such- purposes, The 21 land use plan shall also,contain a protection element, as 22 appropriate, for historic sites and the.matters listed in 23 section 28, 24 Subd, 3. [PUBLIC FACILITIES PLANel A public facilities 25 plan shall describe the character, location, timing, 26 sequence, function., use and capacity of existing and future 27 public facilities of the local. governmental unit, and 28 contain at least the following parts: 29 (a) A transportation plan describing, designating and 30 scheduling the location, extent, function and capacity of 31 existing and proposed public and private transportation. 32 services and facilities= 7 I (b) A sewer policy plan describing, designating and 2 scheduling the areas to be severed by the public system, the 3 existing and planned capacities of the public syster.^., the 4 standards and conditions under which the installation of 5 private sewer systems will be permitted, and to the extent 6 practicable, the areas not suitable for public or private r systems because of Public heap h, safety and welfare 8 considerations; 9 (c) A parks and open space plan describing, designating 10 and scheduling the existing and proposed parks and it recreation open spaces within the jurisdiction. 12 Subd, 4. [IMPLEMENTATION PROGRAM,] An implementation 13 program shall describe the types of public prograns, fiscal 14 devices and other actions to be undertaken in stated 15 sequence to implement the comprehensive plan. The program . 16 shall contain a general description of and schedule for the 17 preparation, adoption, and administration of official 18 controls including controls regarding zoning and subdivision 19 ordinances,. private seiner systems, and a capital 20 improvements program for transportation, sewers, parks and 21 open space facilities. 22 Sec. 8. Laws 1975, Chapter 13, is amended by adding a 23 section to reads 24 Sec. 144G. [473,912] [CQUNTIES.3 Subdivision 1, 25 Comprehensive plans of counties shall contain at least the 26 following: 27 (a) Except for the counties of Hennepin and Ramsey, a 23 land use plan as specified in section 71 subdivision 2 of 29 this act, for all unincorporated territory within. the 30 county; 31 (b) A public facilities plan which shall include all 32 appropriate matters specified in section 7, subdivision 3 of 8 1 this act, including at least a transportation plan, and a 2 description of existing and protected solid :paste disposal 3 sites and facilities; 4 (c) An implementation program, as specified in section 5 7, subdivision 4. 6 Subd, 2. Each county other than Hennepin and Ramsey 7 shall prepare, with the participation and assistance of the 8 town, the comprehensive plan for any town within the county 9 which fails by Decenber 31, 1975, to take action by 10 resolution indicating its intention to prepare' the 11 comprehensive plan. 12 Subd, 3. Each county other than Hennepin and Ramsey 13 shall prepare, with the participation and assistance of the 14 town, the comprehensive plan for each town within the county 15 not authorized to plan under Minnesota Statutes, Sections 16 462.351 through 462.364, or under special law. 17 Sec, 9, Laws 1975, Chapter 13,'Section 19, is amended 18 to read; 19 Sec. 19, 1473.1753 LCOJNCIL REVIEW; COMPREHENSIVE 20 PLANS,] — Ent + - ei-- ��►�?� 21 �ies 4a 04t. 23 6-hl 2't`�7 5 P"- - _ 25 ctv r "e d be t-&—the 4-:• 26 e"te ao e i -i-my+ -- sloe a i tai= e-��ea 28 29 er s. s g— *fie 30 p 4-re — 31 Subdivision 1. The council shall review the .- �._...._ 32 comprehensive plans of local governmental units and _.�._rr� �.rw.� w�..++ �. r��r�.•.�s�.r�n.ti+r�r ++e�.�s��w �.r_.w� E Vi I subsequent amendments thereto to determine their 2 compatibility with each other and conformity with 3 metropolitan system plans, The council may review and 4 com:ient on the consistency of the comprehensive plans wittt 5 other adopted chapters of the metropolitan development 6 Guide. The council may require the local governmental unit 7 to modify any comprehensive plan or part thereof, solely to 8 ensure conformity With metropolitan syster, plans, 9 Subd, 2, ',within 90 days following receipt of a 10 comprehensive plan, or plan amendment prepared in accordance 11 with sections 1 to 17 of this act, the council shall return 12 a statement containing its comments and required 13 modifications, if any, to the local governmental unit, No 14 ;*eel action shall be taken by any local 15 government unit to place any —eee�t submitted comprehensive 16 plan or plan amendment or part thereof into effect.until -94 17 ca-y!r hLwre —ese, L-6 the council has 18, returned the comments and required modifications to the unit 19 and until the unit has incorporated the modifications in the 20 plan . Promptly after submission, the council shall notity 21 each•city, town, county, or special district which may be 22 affected by the plans submitted, of the general nature of 23 the plant the date of submission, and the identity of the 24 submitting unit, Political subdivisions contiguous to or 25 within the submitting unit shall be notified in all cases, 26 within 30 days after receipt of such notice any gove.nmental- 27 unit so notified or the local gcvernmer.tal unit submitting 28 the plan may request the council to conduct a rearing at- 29 which the submitting unit and any other governmental unit or 30 subdivision may present its views, The council may attempt 31 to mediate and resolve differences of opinion which exist 32 among the participants in the hearing with respect to the 10 ,J 1 plans submitted, If Within 90 days the council fails to 2 complete its written comments and recommendations the plans 3 shall be deemed approved and May be placed into effect, Any 4 Mejo, Z!t atie-T amendment to a plan subsequent to the 5 council's review shall be submitted to and acted upon by the 6 council in the same manner as the original plan, The 7 written- com ;cents —en-A r ee""ne�!ft=�r-s- of the council shall be 8 filed with the plan of the local.government unit at all 9 places where the plan is required by late to be kept on file,. 10 Subd, 3, if a local governmental unit fails to adopt 11 or amend a comprehensive plan in accordance with sections 1 12 to 17 of this act the council may commence proceedings to 13 enforce the provisions of sections 1 to 17 of this act by 14 appropriate legal action in the district court where the 15 local governmental unit is located. 16 Subd, 4. Local governmental units shall be required to 17 consider in their initial comprehensive plans submitted to 18 the council any amendments or modifications to metropolitan 19 system plans which were made by the council and transmitted 20 to the.local governmental unit prior to January 1, 1977, 21 Thereafter, within nine months after receiving . an - amendment �— ovw�a+w4_�o�r� wwrs—w �rw 22 to a metropolitan system plant each affected local 23 governmental unit shall review its comprehensive plan to 24 determine if an amendment is necessary to ensure continued 25 conformity with metropolitan system plans. If an amendment 26 is necessary, the governmental unit shall prepare the 27 amendment and submit it to the council for review pursuant 28 to this section, 29 Sec, 10. Laws 1975, Chapter 13, is amended by adding a 30 section to read; 31 Sec. 144N. [473,9143 [PLANS AND PROGRA;tS; ADOPTION; 32 AMENDMENT,] Subdivision 1e Each local governmental unit 11 .1 shall adopt its comprehensive plan with required 2 modifications within six months following receipt of the 3 council's comments and required modifications under section 4 9 of .this act. 5 Subd, 2. Amendments to plans of local governmental 6 units shall be prepared and submitted in the sane manner as 7 the original plan, 8 Sec, 11, Laws 1975, Chapter 13, is amended by adding a 9 section to read; 10 Sec. 144I. [473.9171 [IMPLEMENTATION OF COMPREHENSIVE 11 PLANS,] Subdivision 1,- Each local governmental unit shall 12 adopt official controls as described in its adopted 13 comprehensive plan and shall file copies of the official 14 controls with the council within 30 days following adoption 15 thereof, 16 Suhd, 2. A local governmental unit shall not adoot any 17 official control in conflict with its comprehensive Plan, 18 Subd, 3. If an offI cial control conflicts with a 19 comprehensive plan as the result of ar amendment to the 20 plan, the official control shall be amended by the unit 21 within six months following the amendment to the plan so as 22 to not conflict with the amended comprehensive plan. 23 Sec, 12. Laws 1975, Chapter 13, is amended by adding a 24 section to read:. , 25 Sec. 21A, [473.1923 [PLAN111ING ASSISTAINCE, LOANS, 26 GRANTS,) Subdivision 1, On the reeuest of a local 27 governmental unit, the council may provide assistance to 28 accomplish the requirements of sections 1 to 17 of this act, 29 It shall assemble and provide advisory materials and prepare 30 model plan provisions and official controls to assist in 31 accomplishing the provisions of sections 1 to 17 of this 32 act. 12 1 Subd, 2. The council shall establish a plan -nine 2 assistance fund as a separate bookeeping account in its �Ym��� �s�rss own 3 general fund for the purpose of making grants and loans to 4 local governmental units under this section, The council. 5 shall adopt uniform. procedures for the award, disbursement 6 and repayment' of grants and loans, 7 Subd, 3. APPlications for grants and loans shall be 8 submitted to the council describing the activities for which _... rwwsswsr.�p� 9 the grant or loan funds will be usedf the persons which the 10 grantee or borrower plans to use in performing the grant - 11 contract; services and activities which will be Paid for by 12 funds of the grantee or borrower; the grantee or borrower's 13 need and ability to pay for the contract services; and other 14 information as the council may reasonably request; Grants 19 20 5ubd, 4, awarded by any The total amount of money grant shall not exceed 75 which tray be percent of the 15 and loans shall be made subject to contracts between the 16 council and the recipient specifying the use and 17 disbursement of the funds and, for} loanys, the terms and 18, conditions of repayment, and other appropriate.mat'ters. 19 20 5ubd, 4, awarded by any The total amount of money grant shall not exceed 75 which tray be percent of the 21 total costs and expenses of the project, service or activity' 22 for which the grant is awarded. 23 Subd. 5.9 [LOAN TERMS O Loans made by the council shall s.r.aww..w..�. -.. 24 carry an interest rate not to, exceed five percent per annum 25 and shall be payable on terms and conditions as the council 26 determines abpro?:iatea PO loan shall be for a term in 27 excess of five years. Funds received in payment of loans 28 shall be credited to the planning assistance fund and shall 29 be used for additional loans or grants under this section. 30 Sec, 13. Laws 1975, Chapter 13, is amended by adding a 31 section to read: 32 Sec. 144J. (473.919] [EXTEISZCN.] A local governmental 13 1 unit may by resolution request that �the �council _extend the 2 time for fulfilling the requirements of sections 1 to 17 of 3 this act, A request for extension shall be accompanied by a 4 description of the activities previously undertaken by a 5 local governmental unit in fulfillment of the requirements 0 0_ this act, any an exvlanation of the reasons necessitatinc 7 and justifying the request, UPOn a finding f e� xc Pt�.on� 8 circumstances or undue hardship, the council MaY► in its 9 discretion, grant by resolution a request for extension and 10 may attach reasonable requirer,ents o+ conditions to 11 extension, iPTION FROM LEVY LITAIT,I Subdivision 1. 12 Sec. 14. [EXEi 13 The increased costs to a municipality of implementing 1 to 3 of this act, and sections 7 14 section 6, subdivisions 15 to 10 of this act shall be deed a "special, levy under 16 Minnesota Statutes 1974, Section 275,50, Subdivision 5, Subd,_2. The proceeds o�f^a Y tax levied unr, this 17 _ _ __ 18- section shall be deposited in the municipal treasury in +a 19 separate fund and expended only for the purposes _authorized 20 by this section, 21 Sec. i5, Laws 1975, Chapter 13, is amended by adding a - 22 section to read: 23 Se_. -- 144.44* [.473.9237 [SCHOOL DISTRICTS; .CAPITAL 24 14PROVEMENT PROGRAMS93 Subdivision 1, By January 1, 1978► 25 each school district lying in whole or in part�hin the 6 metropolitan area shall prepare and sub -mit to the 27 metropolitan council for review pursuant to this section ed 28 capital improve ^ents program for P— ro?oS.. h,� 001.: it, e 29 buildings, and buildin3 ddi— ions withaa Cost Of r'_ore than 30 5200,0001 including a description of the projected 31 population of the district, facility reeds and the effect og 32 the progra?t or affected local governmental units, 14 r , • 1 Subd, 2, Each school district.shall submit its program- 2 for review and comment to the local governmental units lying 3 in whole or in part within the district at least nine months 4 prior to the submission of the program to the council. The. 5 local governmental units shall review the program and 6 provid3 coin-ments to the school districts, and the council 7 within 90 days on the compatibility of the program with the 8 proposed comprehensive plan of the local governmental unit, 9 Subd. 3, The council shall review the capital 10 improvement programs of school districts and subsequent f! Yi amendments thereto, The council may review and comment on 12 tFie— . stency of the capital improvement .programs 13 with the metropolitan system plans, Failure of the council 14 to comment on the school districts program within 90 days 15 after its submission shall be deemed council comment on the 16 program. 17 Sec. 16. Minnesota Statutes 1974, Section 462,355, is' 18 amended by adding a subdivision to read; 19 Subd. 4. [INTERIM ORDINANCE &] If a municipality is 20 conducting or in good faith intends to conduct studies 21 within a reasonable time or has held or has scheduled a 22 hearing for the purpose of considering adoption or amendment 23 of a comprehensive plan or official controls as defined in 24 section 2 of this act, or if new territory for which no plan 25 or controls have been adopted is annexed to a municipality, 26 the governing body of the municipality may adopt an interim 27 ordinance applicable to all or part of its jurisdiction for 20" the purpose of protecting the planning process and the 29 health, safety and welfare of its citizens. The interim 30 ordinance may regulate, restrict or prohibit any use or 31 development within the jurisdiction for a period not to 32 exceed one year from the date it is created, and may be is SF1653 -1E 1 renewed for one additional year.^ .. 2 Sec, 17: CwEW MUNICIPAL SEWER SYSTEMS,] . 3 Notwithstanding the provisions of sections 1 to I'Ofthis 4 act, the council shall have no authority under Laws 1975, 5 Chapter 13 to require a local governmental unit to construct 6 _ a nee► se-ter system to serve structures or cuildin,.,s to 7 4hich a building permit Was issued prior, to the effective 8 date of this-act, �� -- Unless the context indicates other,viser 9 Sec, 18. 10 references to section- numbers in this act refer to Lays 11 1975, Chapter 13, 12 Sec, 19, This act applies in the counties of Anoka_ 13 Carverr Da_kotar Hennepin► Ramsey, Scott Washington, 14 Sec. 20, [EFFECTIVE DATE*] This act i-s effective on 15 the day following its final enactme� r_ t.� 15