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Home My WebLink About1976-03-01_COUNCIL MEETING(Revised) AGENDA EDINA CITY COUNCIL REGULAR MEETING MARCH 1, 1976 ROLLCALL I. PUBLIC HEARINGS ON ZONING MATTERS Presentation by Planning Department. Spectators heard. First Reading requires offering of Ordinance only. 4/5 favorable rollcall vote to pass if Second Reading should be waived. A. First Reading 1. Principal Uses Allowed in Commercial District (Continued from 2/23/76) 2. Adding Temporary Retail Sales as Permitted Use in Planned Industrial District II. AWARD OF BIDS Tabulations and recommendations by Acting City Manager. Action of Council by Motion. A. Pumper Fire Truck (Continued from 2/23/76) B. Insurance and Bonds (Continued from 2/23/76) III. COMMUNICATIONS A. Mr. Lloyd Ultan - Ramp Parking B. Metropolitan Council - HRA Rehabilitation Assistance IV. RECOMMENDATIONS AND REPORTS A. Planning Commission 1. Set Hearing Dates a. Preliminary Plat Approval (1) Data 100 Second Addition (North of Crosstown Highway and West of County Road 18) S -76 -1 (2/25/76) b. Zoning Change (1) Home Federal Savings & Loan Assn. - Lot 3, Block 1, Edenmoor (5241 Eden Ave.) C -4 (Automotive) Commercial District to C -2 (Community) Commercial District Z -76 -1 (2/25/76) 2. Lot Division a. Lot 3, Block 1, McCauley Heights 3rd Addition (6408 -10 McCauley Circle) LD -76 -1 (2/25/76) B. Bicentennial Commission - Project Surplus Recommendation (Continued from 2/23/76) C. Tree Subsidy Program D. Commission and Committee Appointments E. Hennepin County Transportation Study Meeting F. Council Meeting Procedures G. Bredesen Park Funding H. Civil Defense Agreement I. Resolution Approving Minnesota Laws, 1976, Chapter 12 (Edina's B J. Resolution Approving Membership in a Suburban Hennepin Co. Municipal Organi- zation V. ANY OTHERS DESIRING HEARING BEFORE COUNCIL VI. FINANCE A. Emergency Repairs to Well No. 11 B. Easement - Jerry Paulson I C. Summer Brochure Printing D. Thompson Property Option - Garden Park E. Payment of Claims - Motion of , seconded by , for payment of the following claims as per pre -list: General Fund, $85,165.06; Park Fund, $1,222.43; Golf Course, $362.80; Recreation Center, $747.03; Gun Range, $109.33; Water Fund, $3,173.47; Sewer Fund, $758.94; Liquor Fund, $40,794.12; Construction Fund, $2,687.35; Total, $135,020.53 F. Purchase of Squad Car MEMO TO: Ken Rosland, Acting City Manager FROM: Tom Melena DATE: February 27, 1976 SUBJECT: INSURANCE BIDS -T^ �j Just prior to, the Council meeting last week I,.was contacted by William Peet, an insurance consultant retained by the League..of Minnesota Municipalities. At that time, Mr. Peet requested a copy of'our specifications and offered to.send the City a wr-itten, . analysis-of our specifications. Attached you will.find.a copy of his letter, and although it does not give a page by page analysis, it does give a general overall com- parison between our specifications and the- League's. would also like to review the meeting held w1th�Mr. Fred Gedelman, Mr. Dalen, yourself and myself on Wednesday, February 25, .1976. If you will remember, Mr.. Gedelman, an insurance consultant, felt that he could not in any way, shape or form analyze our insurance program for the Council by the Monday, March lst, meeting; and, in fact, because of his work load could not in all probability review our program before June of this year. At that time Mr. Gedelman would be more.than happy to become a consultant for the City at his professional rate of $35.00 per hour. However, he did have the follow;i.ng observations and recommendations: "The basic p.remi.se for having insurance is to have coverage to protect against the.major,potential .losses, and to cover these losses at .the lowest rate and amount of .money possi-ble." With the above.in mind, Mr. Gedelman proceeded to remind .us that at the present it is a very strong "sellers" market; which is-_proven in the fact that Crystal received only -- - -one bi_d,_that Bloomington received only two bids and that with the 25 sets of specifica -' tions sent out, Edina received only six bids, of'these, only two were -for all the insurances specified. As a result, Mr. Gedelman did suggest that the City not go to bid at all, but possibly negotiate (the same issue was also addressed by Mr. Peet). Secondly, Mr. Gedelman suggested that the City .should, if possible, have the auto, gen- eral liability, umbrella and workman's compensation insurances together in one package. The cp -irn: pn being that the ease of :adman i s;tra:t-i -on. :and c l:a i;m ,cove;r -ge :makes th i s very des,i,rab l e. re t Mr. Gedelman also discussed that self- insurance could be very beneficial to the City in some instances, but should be completely analyzed.- For example, the City fleet does not have comprehensive coverage, as a result, the City is self - insured In,-this area and as such, is saving several thousand dollars each year, and yet in the last three years our onl.y non - collectable loss was approximately $1,000.00. What it boils down to is that the risk and. cost is not worth insuri.ng.against. Last of all, Mr. Gedelman did observe that by our past practices of holding the insurance companies to a guaranteed three year premium (the general liability - 1973 =76, and the fire insurance - 1975 -78.), the City did in fact get a very, very good deal, and it would be very improbable that the City could again do this. Mr. Gedelman also felt that to sweeten up the po,t it might be helpful to bid all insurances at the same time, i.e, both the fire and property and our presently bid insurance in the summer, to give the insurance companies.a better time to bid, and more total dollars to deal with. To sum up, Mr. Gedelman will be available for City consultation this. summer, but i.n . the :meantime, it is suggested that we award to -t -he company that ..would :best suit the City as to price and service. I N S U R A B L E R I S K A N A L Y S I S , C O U N S E L AN D M A N A'G E M E N T William Peet Co. MIDWAY OFFICE O 2156 IGLEHART AVENUE February 25, 1976 Mr•..Thomas Melena Administrative Assistant City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Melena: Telephone 612 -645 -1845 o ST. PAUL, MINNESOTA 55104 The attached comments . are based.upon a comparison between the Edina specifications -which closed February 18, 1976 and the insurance Specifications and Guidelines, published by the league of Minnesota Municipalities .(Speci- fications) copi.es.o.f which I gave you on Monday,'February 23. There are; "of: course, many different approaches to the problem of writing specifications. The main differences.) perceive in ours from the average specifications are 'based on 'the foltowing assumptions we have made: 1. Not only insurance rates, but all insurance forms, are entirely negotiable. When the legislature removed immunity from public corporations, they did not state that immunity was removed to conform to provisions'of the Comprehensive General and Automobile Li.ab .l ity - Insurer .Standard ,,Form; they removed it, period. See VI of Specifications.. 2. .There is no requirement that.property and liability insurances for Minnesota Public Corporations be bid at all; but there is ' some question whether, when bids are invited, statutory bidding procedures may :then . take - over,. Therefore, our spec if i,cat ions refer to "propo"sals" Tn'stead 'of "bids ". 3. The more dollars an insurer is offered, the lower the rate should be for the whole package. Therefore, an opportunity to propose all property and liability coverages at once should be given all proposers. This is true even though the worker's compensation rates are to a degree standardized; for if given the opportunity of writing a substantial worker's compensation premium, an insurer can afford to reduce other premiums. The League specifications are not claimed to be the last word; there is no such thing. They have already been revised three times in the five years they have been•.approved by the League.and will continue to be as the occasion requires. But our firm, who had worked on the specifications for ten years before that., can state that to our knowledge, they give a city the opportunity A PROFESSIONALLY QUALIFIED FIRM PRECLUDED FROM RECEIVING COMPENSATION EITHER DIRECTLY OR INDIRECTLY FROM ANY SELLER OF INSURANCE IN CONNECTION WITH -'rHE SALE OR PROGRAMMING OF INSURANCE,. Mr. Thomas Melena _February 25, 1976 Page Two to obtain coverage much more complete than that given by any standard form offered by.iusurers.' We feel strongly that any city body which tries to do less could be held accountable to its taxpayers. Sincerely, WILLIAM PEET COMPANY t reside t Od Sen`i:or su-1 tant WMP:Imd COMMENTS ON THE EDINA SPECIFICATIONS Pages in the specifications are not numbered which requires numbers being those of the comment itself. SPECIFICATION COMMENT BIDS 1. .See covering letter, item 2. Employee blanket bonds 2. If there is any division of coverages (which we believe . should be avoided in,specifications), under no circumstances should employee infidelity be invited unless "all risk" coverage on property, which covers .theft not caused—by employee infidelity, is invited simultaneously. The only other alternative is use of an Overlap Endorsement (LMM Specifications; Page 2, C4). "...and publicly read" 3• What does this accomplish? See LMM Specifications', Page 4 111 C last line "... and available for public inspection'.:. "...a performance bond" 4. LMM requires bi.d bonds, feeling that an insurer should have the right to get off the risk after giving the re- quired 60 or 90 day notice. This is meant to encourage more insurers participation in public business. See LMM Specifications, page 3 II A, second paragraph: BIDDER'S EXPERIENCE 5• See LMM Specifications, page 2 C 5• 1 believe this nails it down- better in case you need something to hang your hat on. GUARANTEE 6. This is one of many provisions 1 thought had merit in your specifications. What does this one mean, exactly? AFFIRMATIVE ACTION POLICY STATEMENT 7. See LMM Specifications, page 5, B lb. We don't always get . this, but 1 feel you should always ask for it. POLICYHOLDERS RATING B FINANCIAL RATING AAA 8. See LMM Specifications, page 1, IAI and explanation in the -Gu i del i,nes . Mutual Companies must be non - assessable 9. See LMM Specifications, Page 1, IA3• I believe this to be a superior wording. EMPLOYEE BLANKET BONDS IO.a.Why the distinction between honesty and faithful performance? COMMENTS ON THE EDINA'SPECIFICAT .IONS - 2 b. Amount of $50,000 looks very small for a city the size of Edina. How is it arrived at? We use a formula based on the CPA audit. c. Why the separate amounts. We understand that under M.SA..418.25' -Subd, IJeeasur.er.s, and Deputies may be included under BPB Form Blanket Public Employees Bond. Property damage $100,000 per occurrence H. The statute setting forth limits of liability per occurrence at $300,000 does not specify whether it is bodily injury or property damage. It is therefore necessary to have the $300;000 apply to both.. COMP R -EHEN S +V,E —Gf N E -RAL LIABILITY INCLUDING AUTOMOBILES 12, a. Note the exclusions on which we request deletion (See. LMM Specifications, Page 5, Bla -i and Page..11, Bla -1). Note especially, treatment of blanket contracted including auto.. Code Numbers 13. -See LMM Specifications Page 5, A6. - Proposers should always be given .a chance to improve rates. Happens rarely, but has happened. "However the policy must cover all- risks" 14. How.do you determine this unless you enumerate the risks? After all, a risk. "If any" is just as much a risk as a known exposure. See LMM Specifications Page 5, 131. If .I were to add another paragraph to the covering _Letter., it would be "Avoid surprise situat -ions wherever possible ". The above comments do not try to cover all the important wording which is unique to the LMM SpecIfIcations. We will be glad to answer any questions you may have about them. 6*6 2001, cobs 6ti 1 LAFll t\bL.3111 i � j i "I i , 0% ka .. c.:(. :,A 0. P� ;col 405151 i -M, ol c Li 'l A 00 j," NT Do 0,�q I ot oi Is-? oll (I CID I '(t) z Ucjqz-k5) ol I. o Lcw As k) 201.151 1 - i- Z.s �— - -J_.. . ffto— ft 7 icl o a ! r S 000 oco N RL 6*6 2001, cobs 6ti 1 LAFll t\bL.3111 i � j i "I i , 0% ka .. c.:(. :,A 0. P� ;col 405151 i -M, ol c Li 'l A So,3 as SSto 17t6sclo—A A—C ��,t, r%.)o L.L-.) s Z.1i 9 ki 1'14554 (I Y) v? k�z 5 IS61 5-0 LlI i k - 7S- ------ 1-q)--- %7-t:,v la (Z.Cfdi -ss-) Z M L 00 Do 0,�q I ot oi Is-? oll (I CID I '(t) Ucjqz-k5) 16 1 6 I. o Lcw As k) 201.151 So,3 as SSto 17t6sclo—A A—C ��,t, r%.)o L.L-.) s Z.1i 9 ki 1'14554 (I Y) v? k�z 5 IS61 5-0 LlI i k - 7S- ------ 1-q)--- %7-t:,v la (Z.Cfdi -ss-) Z M L h� _ February 25, 1976 Ci It y Of 410 62 d -a 4001 WEST FIFTIETH STREET • EDINA. MINNESOTA 63424 927.8861 Dr. Ralph H. Lieber .Superintendent of Schools 4660 W. 77th Street Suite 340 Edina, Minnesota 55435 Dear Ralph: 1 read with interest, the Legislative proposals of this AMSD. I am not .sure you will get that program through the Legislature because their current DLF attitude is that only the State can run things. The only one 1 world question is having a separate election for schools, as opposed to others. There is a cost factor that enters and the majority of the Council felt that if the local elections were held at the same time as the National and State elections that would bring more people to the polls. It was not unanimous, and in fact the old School Board member, Bill Shaw, felt pretty much the same as your recommendation. ,1 Yours truly, James Van Valkenburg Mayor JVV /sh ASSOCIATION OF METROPOLITAN SCHOOL DISTRICTS of Directors 1/8/76 70th & Harriet Avenue South Richfield, Minnesota 55423 LEGISLATIVE RECOMMENDATIONS 1976 T0: THE GOVERNOR ACID NDIBERS OF THE LEGISLATURE } The Association of Metropolitan School Districts (A4iSD) hereby respectfully presents to you its legislative recommendations for the forth- coming legislative session. The recommendations have been developed through a process involving subcommittee study, public discussion and evaluation, executive committee review and recommendation and adoption by the Board of Directors of the Association. We think they represent sound proposals for improving the state- school district partnership by which the process of elementary and secondary education is directed and financed in Minnesota. Please be assured that members of the Association and its officers and representatives stand ready to supplement these recommendations with whatever means are at our disposal. We look fonvard to working with you on these important matters in the forthcoming session. ABOUT THE ASSOCIATION) The Association of Metropolitan School Districts is composed of a number of independent school districts in the metropolitan area, and was organized in 1974 under the Joint Exercise of Powers Act. Its purposes, as stated in its organizational contract, are as follows: 1. To provide continuous study and research on legislative matter which will affect member school districts. _ 2. To inform member school districts of the impact and consequences of existing, proposed and pending legislation which will affect the school districts. 3. To disseminate school district and community educational concerns to interested persons, groups, and associations concerned with school matters. ANISD is governed by a Board of Directors representative of each school district member, and has established appropriate committees, including an executive - legislative committee to conduct its affairs. The Association is new,. and its initial primary concerns are legislative; but its long -term goals will be oriented toitiard a broad range of matter.s,4fecting metropolitan school districts in particular. . - 1 - The Association does not view itself as a competitor with other organizations of school boards or school.administrators; on the contrary, .it seeks to be supportive to such groups while at the same time focusing attention of policy makers at all levels, and the public in general, on the particular concerns and problems faced by metropolitan school districts. AMSD is convinced that it can play a significant role in providing essential input into the legislative process, stimulating creative and inno- vative approaches to inter- district cooperation, and maintaining and improving the quality of education for our students. Accomplishing these objectives in the new setting of state -local school financing is and will be the Association's prime and continuing concern. Information data about the A\-ISD will be found at the end of this material. Yours very truly, E. Gary Joselyn, Chairman Association of Metropolitan School Districts - 2 - l LEGISLATIVE REC(MvIENDATIONS MIERAL STATE E_Nrf In the 1971 Session of the Minnesota Legislature, the state embarked on a new program of financing elementary and secondary education. In general the AMSD supports the objectives of equalization embodied in.that new program. It realizes also that this new state -local partnership in school .finance and management places new responsibilities on both the state and local school dis- tricts to insure that the highest quality education be available to.all students at the lowest possible cost to taxpayers. As with any new system, however, problems have arisen in its implementa- tion. The 1975 Session of the Legislature made substantial progress in correcting these problems, but many difficulties still exist, and several are critical for many school districts in the metropolitan area. The bulk of these problems are financial in nature. They occur because of several unique aspects of the educational and economic system concentrated in this area:. The phenomenon of declining student enrollment; the high degree of experience and training of teaching staffs; the higher living costs in the metropolitan area; and the need for extensive and specialized educational programs. In addition to financial matters, the Association is.also concerned about matters which affect the quality of education in the metropolitan area, particularly the suburban metropolitan area. AMSD is aware that the legislature has many competing demands made upon it.'It is also aware that the method of school finance is an extremely complex system and that modifications in one element affect all its other elements. Similarly, many of the questions relating to school governance are likewise complex and interconnected. While recognizing that the.final decision is the legislature's, the Association is confident that its recommendations will be given serious consideration in formulating a sound program for education in . the second year of the current biennium. Pl— - 3 - PROBLEMS OF PARTICULAR CONCERN TO THE AMSD I. RECOGNITION OF STAFF EXPERIENCE AND TRAINING RECOMMENDATION (A), Adjust the school finance plan to recognize the hi costs incurred because of the employment of certified sta w o possess a high level of training. Commentary The major objective of the present state school finance plan is to provide equal educational opportunities for all children in the state regardless of the school district in which they live. Salaries of certified personnel represent the largest expenditure from the school district's general fund. Salaries for certified staff in the metropolitan area reflect the fact that a large percentage of such persons have advanced training and are thus paid proportionately more than statewide averages.. The present state finance plan does not recognize the high cost of teachers in the metropolitan area which cost in large measure is due to their.high level of training. Therefore, it is apparent that equal dollars spent on a child results in unequal education unless the state finance plan recog- nizes total cost due to the variation in training of certified staff. RECOINMENDATION (B) Adjust the school finance plan to reco ize the costs incurred because of the employment of experienced staff. Commentary Declining enrollment in combination with seniority.concepts contain-e -in the unrequested leave of absence provisions have.resulted in the employment of a disproportionment percentage of experienced teachers. Such teachers, by virtue of their experience, command an ever increasing percentage of a school district's general fund. The school finance plan should recognize and correct this inequity. II. RECOGNITION OF COST DIFFERENTIALS Commentary Basic census data and various governmental studies clearly demons rate cost differentials in various parts of the state. The metro- politan area is by all measures the highest of these various cost areas. Wage policy in the private sector has for some time recognized these geographic differentials, and governmental wage policy is beginning to follow this practice. The provision of educational services is highly labor- intensive with personnel costs typically representing 85% to 900 of all general fund expenditures. The school finance plan should be modified to allow metropolitan school districts to meet this added burden of educational cost. III. MULTI -YEAR AVERAGING FOR DECLINING ENROLLMENTS RECO�IMEND.ATION Adjust the present formula of multi -year averaging for declining enrollments to provide for a more equitable distribution of costs. Commentary Declining student enrollment does not result, in a correspond- ing decline in per pupil cost. For example, because of. the* law requiring teacher dismissal in order of seniority, teaching positions may be reduced - 4 - while actual costs per pupil are increased because of higher staff costs; as another example, the fixed costs of maintaining a school building - remain the same regardless of the number of pupils. The current law pro- vides for spreading the dollars lost because of declining enrollment by a factor of 600. Extending this factor would more adequately treat the problem. IV. AID FOR SOUTHEAST ASIAN AND NON- ENGLISH SPEAKING CHILDREN RECOIM�EMDATION Amend the school finance plan to reco ize the costs of educating c ildren or whom English is a second language. - Commentary Many school districts have enrolled students from Southeast Asia and other countries who do not use the English language. As a result, it has been necessary for local districts to incur additional costs to provide tutors and other special instruction as well as special programs. The school finance plan should be modified to allow school districts to -meet this added burden. V. HANDIC_4PPED AID FORMULA RECO�riF-NDATION (A) School districts initiating new or expanded special education programs during 1975 -76should receive state reimbursement. Commentary The legislature is in the process of moving from a special education funding system based upon reimbursement to one which provides for current funding. The transition plan currently poses an unfair . burden on districts initiating or expanding special education programs during.1975 -76. Special education services rendered during 1974 -75 will be reimbursed by the state during 1975 -76, special education services rendered during 1975 -76 will not be reimbursed, and special education services in 1976 -77 and thereafter will be reimbursed on a current basis, that is, the same school year in which the expenditures are incurred.. As a result, the transition plan rewards districts who have maintained a status quo, 1974 -75 service level and, relatively, penalizes districts who have added new services during 1975 -76. In addition to these penalties, school districts have been burdened with increased costs for transportation and with increased tuition charges. The transitional plan in special education should recognize these facts and compensate districts accordingly. RECONMEZATION (B) Adjust the h salary of essential personnel is aid formula so that 70% of the Commentary Public schools provide special instruction and services for handicapped children and may provide special instruction and services for preschool handicapped children as needed. Over the past 15 years the number of students receiving special instruction has grown from 142471 pupils in 1957 -58 to 73,635 pupils in 1972 -73. The identification of stu- dents in need of special education as well as the service provided correspondingly have grown and improved. So has the cost of such service. The legislature recognized that school districts were faced with additional costs for special education and made an adjustment t6-the formula to - 5 - provide that a school district could be reimbursed for salary expenses at a rate of 65% of a teacher's cost, up to maximum payment of $10,000.00 per teacher. As salary costs continue to climb, a greater burden is placed on the local school district for support of state mandated programs. This problem is particularly acute in districts with declining enrollments and more mature teaching staffs. If a percent of the salary of essential personnel were used, the overburden on the local district to provide such services would be substantially reduced. RECGMIE�TDATION (C) A current funding formula for handicapped aid should be staff based. CommentLa The legislature has called for a method of current funding of special education expenditures. Experience has shown that the most acceptable method of allocating the cost of special education is the utilization of a formula premised on staff expense. VI. ADDITIONAL LEVIES FOR PERA AND SOCIAL SECURITY ENIPLOYER'S SHARE REMNIN 0ATION Amend the Public Employees Retirement Act and State Social Securities Contributions Act to provide that if taxes authorized to be levied to make employer contributions cause the school district to exceed its levy for such purpose in the 1970 -71 school year, the district may levy the excess as a special levy. Commentary Local school districts have no control over the amount of ERA an Social Security employer's contributions. It is recognized that the original state aid formula was designed to reflect these added costs, but it does not appear that the present formula adequately meets rising costs. -The problem is particularly severe in districts having staffs with more training and experience. The special levy recommended would be for the increase in.such costs since the 1970 -71 school year only. This . change would put independent school districts on the same formula as other governmental subdivisions, including the Minneapolis School District. PROBLDIS COMMON TO ALL DISTRICTS RECaNRvE NDATIONS SUPPORTED BY N%1SD I. BASIC FOUNDATION AID RECOMflt- tNDATION Increase the basic foundation aid formula from the present 960.00 per pupil unit. - Co,-rmentary The 1975 session of the legislature modified the basic founda- tionai �iormula to provide for $900.00 per pupil unit for the first year of the biennium and $960.00 for the second year. The increase in the formula from the first year to the second year only amounts to an increase of 6.6 %. Since inflationary forces have continued to increase at a }figh rate, an increase in the second year of the biennium is recommended. This is particularly true in metropolitan "Grandfather "'districts because such districts did not receive a 6.6) increase in state aid for the second year of the biennium, but instead received considerably less. The legisla- ture should amend the school finance plan to correct this inequity. - 6 - \1 1 II. DEFICIT FINN, \CE RECO,\MEti ATION Amend the school finance plan to permit school districts who have een forced to finance a continuing deficit in their operating TETU's to make a temporary extra levy to gradually eliminate the deficit. Commentary Sound fiscal policy.requires that a school district's cur - rent expenditures be made from currently available revenues and resources and further dictates that public bodies should not finance operating debt -on a continuing basis. For those school districts who have been forced to borrow operating funds, the legislature should. authorize a temporary extra levy to make up this deficit. III. RESEARCH AND DEVELOPNI'IT RECQNAENDATION The legislature should amend the school finance plan to allow sc ool districts to continue research and development programs. Commentary Revenue restraints imposed by the state on local school dis- tricts has had the effect of curtailing or eliminating many programs. All too often one of the first programs eliminated is research and development. Many school districts have devoted substantial local effort to these programs and their successful development has benefited the entire state. The legislature should encourage this development by allow - ing a special levy to school districts for research and development. IV. UNI BTLOYNE�TF CONTENSATION RECOM�ENiDATION Amend present law to provide that all school district employees are ineligible for unemployment compensation during the summer months. Commentary School districts employ the vast majority of their employees during the school year and have not employed them in the summer. Payment of unemployment compensation to these employees during the summer months is a needless expenditure of public funds and is contrary to the histori- cal method by which school district employees have been compensated. Present law should be a,nended to provide that school district employees are ineligible for unemployment compensation during the summer months. V. LEGISLATRIELY M-' ,NDATED PROGRAMS RECOMTiENDATION Legislatively mandated programs and those instituted by Department of Education and otter agencies should include adequate pro- yesionr fining. - - Commentary Past practices have shown that while the intentions of the legislature, the Department of Education and other agencies have been positive concerning program development, the cost of implementing these programs has often fallen to the local school district, with no provision for funding. Examples of these programs are teacher certification require- ments, negotiations, severance pay, seniority, discrimination and administration of unrequested leave. Financing such programs without additional state aid necessarily means reductions uk- ,p.ther programs. - 7 - GOVEMANCE I. OPEN MEETING LAW RECON� ENDATION Provide for limited and regulated exceptions to the Open Fleeting Law. Commentary The purpose of all.law is to serve the public. The public is ill -served by premature disclosure of collective bargaining strategy, conferences relating to sensitive personnel or student matters, confer - C> between a school board and its attorney regarding pending or actual litigation and conferences regarding the acquisition or sale of property. Current law operates to mandate this premature disclosure by requiring without exception that all meetings of school boards take place in public. A need exists to strike a balance between the public's right to be informed and the harm, both to.the public and to individuals, which is caused by premature disclosure of certain matters. The present "Open Meeting Law" should be amended to provide for limited meetings concerning designated subjects with formal records kept in order to strike a balance between these conflicting principles. Specifically, the legislature should authorize executive sessions when a school board is required to meet concerning the following areas: A. The establishment of collective bargaining strategy. B. Conferences between the school board and personnel or students, upon the request of the individual.involved. C.-Attorney-client conferences regarding pending or actual litigation. D. Conferences regarding the acquisition or sale of property. II. ELECTION LAW CHANGES , RECO�Y�fE�IDATION (A) Amend present law to provide that school board elec- tions be regulated by campaign finance and fair campaign practice provisions. Commentary Recent election abuses have resulted in a wide spread lack of co i ence in the election process by the electorate. In order to restore this confidence and prevent possible abuse, all elections, includ- ing school board elections, should be regulated by campaign finance and fair campaign practice provisions. This, however, should not require dis- closure of personal finances unrelated to the office. RECOINIfE\'DATIOV (B) School district elections should not be scheduled with general elections. Commentary The role of education in Minnesota has traditionally been accor e a high priority. In order to assure continued priority school board elections should be set aside from other elections. There are many important decisions affecting the quality of education which are addressed in school board elections. It is important that school rd members are boa singly responsible to the electorate for those decisions. Mixing school board elections with other elections will create confusion and will dilute the importance of the educational decision which are reflected in r the election process. As a result, the legislature should allow school j districts to continue to have their own election period. III. REVISION TO SENIORITY 1XV REODINI nDATION Amend present law to Drovide that in order to secure seniority a teacher must have teach ina experl ence in is er area oF certi- lcatlon. Commentary Linder present law a teacher acquires seniority in a teaching area solely by certification. Multiple certification is available and is widely utilized. Declining enrollment has made it necessary to reduce the size of the teaching force and this decline in combination with the present seniority law mandates the replacement of experienced teachers in a given area, course or grade span with teachers who have never taught in the area of certification to which they are transferred. 1V. PUMiING AND DEVELOP�IENNT RECaNfISOATION (A) . The legislature should authorize Educational Coo ra- tive Service Units an snoul also prove e su iclent un ing to insure e success o t 1s program. Commentary A need exists to insure that multi- district planning in the metropolitan area proceed on a sound and coordinated basis. .In addition, a need exists to facilitate the delivery of certain educational services which can economically and efficiently be offered on a multi- district basis. The legislature should encourage this development by enacting legislation which promotes and funds cooperative effort. REMNIMT NDATION (B) aut ority to require programs . The Metropolitan Council should not be given modification in school district capital improvement Commentary The Metropolitan Council has a central role in the planning E9 evelopment of metropolitan transportation, sewer, airports and parks. However, the Metropolitan Council has neither the experience nor the expertise to make decisions covering capital improvements for school districts. Such decisions have historically been the responsibility of local school districts who have the knowledge and ability with the assist- ance of the State Department of Education, and with the consultation and advice of local governmental units, to make sound decisions on educational capital projects. The legislature should not change this historical manner by i%,hich school districts have planned their development and should resist efforts to place, within the Metropolitan Council, the authority to modify or change school district capital programs. ASSOCIATION OF METROPOLITAN SCHOOL DISTRICTS ORGANIZATION: Minnesota Joint Powers Act, Minnesota Statutes.. Section 471.59 pE%IBgRS• Any Independent School District in the seven county metropolitan area is eligible. Present members are (as of December 31, 1975): Independent School District No. 271 (Bloomington) Independent School District No. 273 (Edina) Independent School District No. 275 (Golden Valley) Independent School District No. 274 (Hopkins) Independent School District No. 276 (Minnetonka) Independent School District No. 280 (Richfield) Independent School District No. 281 (Robbinsdale) Independent School District No. 623 (Roseville) Independent School District No. 283 (St. Louis Park) Independent School District No. 624 (White Bear Lake) OFFICERS: Chairman: Dr. E. Gary Joselyn, Chairman, Independent School District No 281 (Robbinsdale) Vice- Chairman: Donald Wiese, Director, Independent School District No. 275 (Golden Valley) Treasurer: Carlton Lytle, Superintendent of Schools Independent. School District No. 280 (Richfield) Legislative Representative: J. Dennis O'Brien Executive Secretary: Mary Anderson BOARD OF DIRECTORS: BLOOMINGTON SCHOOLS Karen Walker, Boar Itember. Fred Atkinson, Superintendent EDINA SCHOOLS Otto By re, Board Member Dr. Ralph Lieber, Superintendent GOLDEN 1!ALLEY SCf IDOLS Donald Wiese, Board Alember Robert J. Johnston -Su erintendent f F+ HOPKINS SCHOOLS James Ffam—m-Eff, Board Member Dr. George Greenawalt, Superintendent MINNETONKA SCHOOLS Richard Hogan, Board Member Dr. Donald Draayer, Superintendent RICHFIELD SCHOOLS Donald ldegmiller, Board Member Carlton IV. Lytle, Superintendent ROBBINSDALE SCHOOLS Dr. E. Gary Joselyn, Chairman Dr. LeRoy Hood, Superintendent ROSEVILLE SCHOOLS John H. T. Pound, Chairman Dr. Lloyd Nielsen, Superintendent ST. LOUIS PARK SCHOOLS Dr. William Gardner, Board Member Robert Ramsey, Acting Superintendent WHITE BEAR LAKE SCHOOLS Mrs. Jeannette KahlenFerg, Board Member Ernest M. Thomsen, Superintendent February 25, 1976 Dr. Ralph N. Lieber Superintendent of Schools 4660 W. 77th Street Suite 340 Edina, Minnesota 55435 Dear Ralph: city of 4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 55424 927 -8861 read with interest, the Legislative proposals of this AMSD. I am not sure you will get that program through the Legislature because their current DLF' attitude is that only the State can run things. The only -one I would question is having a separate election for schools, as opposed to others. There is a cost factor that enters and the majority of the Council felt that if the local elections were held at the same time as the National and State elections -that would bring more people to the polls. It was not unanimous, and in fact the old School Board member, Bill Shaw, felt pretty much the same as your recommendation. JVV /sh s Yours truly, James Van Valkenburg Mayor of Directors 1/8/76 ASSOCIATION OF METROPOLITAN SCHOOL DISTRICTS 70th & Harriet Avenue South Richfield, Minnesota 55423 LEGISLATIVE RECOMMENDATIONS 1976 TO: THE GOVERNOR AND MDiBERS OF THE LEGISLATURE The Association of Metropolitan School Districts (AMSD) hereby respectfully presents to you its legislative recommendations for the forth- coming legislative session. The recommendations have been developed through a process involving subcommittee study, public discussion and evaluation, executive committee review and recommendation and adoption by the Board of Directors of the Association. We think they represent sound proposals for improving the state- school district partnership by which the process of elementary and secondary education is directed and financed in Minnesota. Please be assured that members of the Association and its officers and representatives stand ready to supplement these recommendations with whatever means are at our disposal. We look fonvard to working with you on these important matters in the forthcoming session. ABOUT THE ASSOCIATION The Association of Metropolitan School Districts is composed of a number of independent school districts in the metropolitan area, and was organized in 1974 under the Joint Exercise of Powers Act. Its purposes, as stated in its organizational contract, are as follows: 1. To provide continuous study and research on legislative matter which will affect member school districts. 2. To inform member school districts of the impact and consequences of existing, proposed and pending legislation which will affect the school districts. 3. To disseminate school district and community educational concerns to interested persons, groups, and associations concerned with school matters. AMSD is governed by a Board of Directors representative of each school district member, and has established appropriate committees, including an executive - legislative committee to conduct its affairs. The Association is new,.and its initial primary concerns are legislative; but its long -term goals will be oriented toisrard a broad range of matters affecting metropolitan school districts in particular. . - 1 - The Association does not view itself as a competitor with other organizations of school boards or school - administrators; on the contrary, it seeks to be supportive to such groups while at the same time focusing attention of policy makers at all levels, and the public in general, on the particular concerns and problems faced by metropolitan school districts. AMSD is convinced that it can play a significant role in providing essential input into the legislative process, stimulating creative and inno- vative approaches to inter- district cooperation, and maintaining and improving the quality of education for our students. Accomplishing these objectives in the new setting of state -local school financing is and will be the Association's prime and continuing concern. Information data about the AMSD will be found at the end of this material. Yours very truly, E. Gary Joselyn, Chairman Association of Metropolitan School Districts - 2 - ,r r' LEGISLATIVE RECCIIENDATIONS GE1i TRAL STAT fl3\rr In the 1971 Session of the Minnesota Legislature, the state embarked on a new program of financing elementary and secondary education. In general the AMSD supports the objectives of equalization embodied in that new program. It realizes also that this new state -local partnership in school finance and management places new responsibilities on both the state and local school dis- tricts to insure that the highest quality education be available to all students at the lowest possible cost to taxpayers. .As with any new system, however, problems have arisen in its implementa- tion.'The 1975 Session of the Legislature made substantial progress in correcting these problems, but many difficulties still exist, and several are critical for many school districts in the metropolitan area. The bulk of these problems are financial in nature. They occur because of several unique aspects of the educational and economic system concentrated in this area:. The phenomenon of declining student enrollment; the high degree of experience and training of teaching staffs; the higher living costs in the metropolitan area; and -the need for extensive and specialized educational programs. In addition to financial matters, the Association is also concerned about matters which affect the quality of education in the metropolitan area, particularly the suburban metropolitan area. AMSD is aware that the legislature has many competing demands made upon it.'It is also aware that the method of school finance is an extremely complex system and that modifications in one element affect all its other elements. Similarly, many of the questions relating to school governance are likewise complex and interconnected. While recognizing that the final decision is the legislature's, the Association is confident that its recommendations will be given serious consideration in formulating a sound program for education in . the second year of the current biennium. - 3 - PROBLEMS OF PARTICULAR CONCERN TO THE AMSD I. RECOGNITION OF STAFF EXPERIENCE AND TRAINING RECONMOATION (A)• Adjust the school finance plan to recognize the high costs incurred because of the employment of certified staff who possess a high level of training. Commentary The major objective of the present state school finance plan- is to provide equal educational opportunities for all children in the state regardless of the school district in which they live. Salaries of certified personnel represent the largest expenditure from the school . district's general fund. Salaries for certified staff in the metropolitan area reflect the fact that a large percentage of such persons have advanced _ training and are thus paid proportionately more than statewide averages.. The present state finance plan does not recognize the high cost of teachers in the metropolitan area which cost in large measure is due to their.high level of training. Therefore, it is apparent that equal dollars spent on a child results in unequal education unless the state finance plan recog- nizes total cost due to the variation in training of certified staff. RECOMMENDATION (B) Adjust the school finance plan to recognize the high costs incurred because of the employment o exeri.ence_ staf. . Commentary Declining enrollment in combination with seniority.concepts contain- in the unrequested leave of absence provisions have.resulted in the employment of a disproportionment percentage of experienced teachers. Such teachers, by virtue of their experience, command an ever increasing percentage of a school district's general fund. The school finance plan should recognize and correct this inequity. II. RECOGNITION OF COST DIFFERENTIALS Commentary Basic census data and various governmental studies clearly demons rate cost differentials in various parts of the state. The metro- politan area is by all measures -the highest of these various cost areas. Wage policy in the private sector has for some time recognized these geographic differentials, and governmental wage policy is beginning to follow this practice. The provision of educational services is highly labor- intensive with personnel costs typically representing 85% to 900 of all general fund expenditures. The school finance plan should be modified to allow metropolitan school districts to meet this added burden of educational cost. III. MULTI -YEAR AVERAGING FOR DECLININrG ENROLLMENTS REMMENDATION Adjust the present formula of multi -year averaging for declining enrollments to provide for a more equitable distribution of costs. Con nent_a Declining student enrollment does not res4Jt_,in a correspond- ing decline in per pupil cost. For example, because of.the law requiring teacher dismissal in order of seniority, teaching positions may be reduced - 4 - while actual costs per pupil are increased because of higher staff costs; as another example, the fixed costs of maintaining a school building remain the same regardless of the number of pupils. The current law pro- vides for spreading the dollars lost because of declining enrollment by a factor of 600. Extending this factor would more adequately treat the problem. IV. AID FOR SOUTHEAST ASIAN M- D ICON- ENGLISH SPEAKING CHILDREN RECONT ENDATION Amend the school finance plan to 'recognize the costs of educating c ildren for whom �English is a second language. Commenta Many school districts have enrolled students from Southeast Asia and other countries who do not use the English language. As a result, it has been necessary for local districts to incur additional costs to provide tutors and other special instruction as well as special programs. The school finance plan should be modified to allow school districts to .meet this added burden. V. HANDICAPPED AID FORNULA RECOIM�!ENDATION (A) School districts initiating new or expanded special education programs during 1975 -76 should receive state reimbursement. Commentary The legislature is in the process of moving from a special education funding system based upon reimbursement to one which provides for current funding. The transition plan currently poses an unfair burden on districts initiating or expanding special education programs during .1975 -76. Special education services rendered during 1974 -75 will be reimbursed by the state during 1975 -76, special education services rendered during 1975 -76 will not be reimbursed, and special education services in 1976 -77 and thereafter will be reimbursed on a.current basis, that is, the same school year in which the expenditures are incurred. As a result, the ` transition plan rewards districts who have maintained a status quo, 1974 -75 service level and, relatively, penalizes districts who have added new services during 1975 -76. In addition to these penalties, school districts have been burdened with increased costs for transportation and with increased tuition charges. The transitional plan in special education should recognize these facts and compensate districts accordingly. RECONMEN- aTION (B) Adjust the handicapped aid formula so that 70% of the salary of essential personnel is paid by the state. Commentary Public schools provide special instruction and services for handicapped children and may provide special instruction and services for preschool handicapped children as needed. Over the past 15 years the number of students receiving special instruction has grown from 14,471 pupils in 19S7 -58 to 73,635 pupils in 1972 -73. The identification of stu- dents in need of special education as well as the service provided correspondingly have group and improved.- So has the cost of such service. The legislature recognized that school districts ivef€ Faced with additional costs for special education and made an adjustment to', the formula to - 5 - VI. provide that a school district could be reimbursed for salary expenses at a rate of 650 of a teacher's cost, up to maximum payment of $10,000.00 per teacher. As salary costs continue to climb, a greater burden is placed on the local school district for support of state mandated programs. This problem is particularly acute in districts with declining enrollments and more mature teaching staffs. If a percent of the salary of essential personnel were used, the overburden on the local district to provide such services would be substantially reduced. REMWENDATION (C) be staff based. A current funding formula for handicapped aid should Commentary The legislature has called for a method of current funding of special education expenditures. Experience has shown that the most acceptable method of allocating the cost of special education is the. utilization of a formula premised on staff expense. ADDITIONAL LEVIES FOR PERA AND SOCIAL SECURITY BIPLOYER'S SHARE RECO1%flVnTDATION Amend the Public Employees Retirement Act and State Social Securities Contributions Act to provide that if taxes authorized to be levied to make employer contributions cause the school district-to exceed its levy for such purpose in the 1970 -71 school year, the district may levy the excess as a special levy. Commentary Local school districts have no control over the amount of PERA an Social Security employer's contributions. It is recognized that the original state aid formula was designed to reflect these added costs, but it does not appear that the present formula adequately meets rising costs -The problem is particularly severe in districts having staffs with more training and experience. The special levy recommended would be for the increase in.such costs since the 1970 -71 school year only. This change would put independent school districts on the same formula as other governmental subdivisions, including the Minneapolis School District. PROBLBIS COMMON TO ALL DISTRICTS - RECO,%hENDATIONS SUPPORTED BY A1\iSD I. BASIC FOUNDATION AID REC0%ENDATION Increase the basic foundation aid formula from the present 960.00 per pupil unit. Commentary The 1975 session of the legislature modified the basic founda- tion ai ormula to provide for $900.00 per pupil unit for the first year of the biennium and $960.00 for the second year. The increase in the formula from the first year to the second year only amounts to an increase of 6.6 %. Since inflationary forces have continued to increase at a high rate, an increase in the second year of the biennium is recommended. This is particularly true in metropolitan "Grandfather "',districts because such districts did not receive a 6.6% increase in state aid for the second year of the biennium, but instead received considerably less. The legisla- ture should amend the school finance plan to correct this inequity. ,1 II. DEFICIT FINANCE RECOMMENDATION Amend the school finance plan to permit school districts who have been forced to finance a continuing deficit in their operating funds to na e a temporary extra levy to gradually eliminate the deficit. Commentary Sound fiscal policy requires that a school district's cur- rent expenditures be made from currently available revenues and resources and further dictates that public - bodies should not finance operating debt on a continuing basis. For those school districts who have been forced to borrow operating funds, the legislature.should. authorize a temporary extra levy to make up this deficit. III. RESEARCH AND DEVELOPNENr RECM,ENDATION The legislature should amend the school finance allow sc ool districts to continue research and development prog ams . to Commentary Revenue restraints imposed by the state on local school dis- tricts has had the effect of curtailing or eliminating many programs. All too often one of the first programs eliminated is research and development. Many school districts have devoted substantial local effort to these programs and their successful development has benefited the. entire state. The legislature should encourage this development by allow- ing a special levy to school districts for research and development. IV. UNE`iPLOYNENT COMPENSATION RECONINENDATION Amend present law to provide that all school district employees are ineligible for unemployment compensation during the summer months. Commentary School districts employ the vast majority of their employees during the school year and have not employed them in the summer. Payment of unemployment compensation to these employees during the summer months is a needless expenditure of public funds and is contrary to the histori- cal method by which school district employees have been compensated. . Present law should be amended to provide that school district employees are ineligible for unemployment compensation during the summer months. V. LEGISLATIVELY N?AuNDATED PROGRAMS RECOMMENDATION Legislatively mandated Department ot Education and other agenc visions for tunain,. programs and those instituted b ies should include a equate pro- Commentary Past practices have shown that while the intentions of the legislature, the Department of Education and other agencies have been positive concerning program development, the cost of implementing these programs has often fallen to the local school district, with no provision for funding. Examples of these programs are teacher certification require- ments, negotiations, severance pay, seniority, discrimination and administration of unrequested leave. Financing such programs without additional state aid *necessarily means reductions jj�l ther programs. - 7 - GOVERNANCE _ I. OPEN MEETING LAW RECO,\ NDATION Provide for limited and regulated exceptions to the Open Meeting Law. Commentary The purpose of all law is to serve the public. The public is ill-served by premature disclosure of collective bargaining strategy, conferences relating to sensitive personnel or student matters, confer- ences between a school board and its attorney regarding pending or actual litigation and conferences regarding the acquisition or sale of property. Current law operates to mandate this premature disclosure by requiring without exception that all meetings of school boards take place in public. A need exists to strike a balance between the public's right to be informed and the harm, both to.the public and to individuals, which is caused by premature disclosure of certain matters. The present "Open Meeting Law" should be amended to provide for limited meetings concerning designated subjects with formal records kept in order to strike a balance between these conflicting principles. Specifically, the legislature should authorize executive sessions when a school board is required to meet concerning the following areas: A. The establishment of collective bargaining strategy. B. Conferences between the school board and personnel or students, upon the request of the individual.involved.. C. Attorney- client conferences regarding pending or actual litigation. D. Conferences regarding the acquisition or sale of property. II. ELECTION LAW CHANGES R.ECONMENDATION (A) Amend present law to provide that school board elec- tions e regulated by campaign finance and fair campaign practice provisions. Commenta Recent election abuses have resulted in a wide spread lack of -confidence in the election process by the electorate. In order to restore this confidence and prevent possible abuse, all elections, includ- ing school board elections, should be regulated by campaign finance and fair campaign practice provisions. This, however, should not require dis- closure of personal finances unrelated to the office. RECOAt�ENDATION (B) School district elections should not be scheduled with general elections. Commentary The role of education in Minnesota has traditionally been accorded a high priority. In order to assure continued priority school board elections should be set aside from other elections. There are many important decisions affecting the quality of education wJ1irh are addressed in school board elections. It is important that school brd members are oa singly responsible to the electorate for those decisions. Mixing school board elections with other elections will create confusion and will dilute the importance of the educational decision which are reflected in the election process. As a result, the legislature should allow school districts to continue to have their own election period. III. REVISION TO SENIORITY LAW RECOINiiEN'DATION Amend present law to provide that in order to secure seniority a teacher must have teaching e2Sperience in his/her area --of certi- fication.. Commentary Under present law a teacher acquires seniority in a teaching area solely by certification. Multiple certification is available and is widely utilized. Declining enrollment has made it necessary to reduce the size of the teaching force and this decline in combination with the present seniority law mandates the replacement of experienced teachers in a given area, course or grade span with teachers who have never taught in the area of certification to which they are transferred. IV. PLANT SING AND DEVELOF,�ENT RECQNfliENDATION (A) The legislature should authorize Educational Coopera- tive Service Units an o sul also prove e su icient un ing,to insure t e success of this program. Commentary A need exists to insure that multi - district planning in the metropolitan area proceed on a sound and coordinated basis. .In addition, a need exists to facilitate the delivery of certain educational services which can economically and efficiently be offered on a multi- district basis. The legislature should encourage this development by enacting . legislation which promotes and funds cooperative effort. RECOtiMENDATION (B) The lMetropolitan Council should not be given au t ority to require modification in school district capital improvement programs. Commentary The Metropolitan Council has a central role in the planning an evelopment of metropolitan transportation, sewer, airports and parks. However, the Metropolitan Council has neither the experience nor the expertise to make decisions covering capital improvements for school districts. Such decisions have historically been the responsibility of local school districts who have the knowledge and ability with the assist- ance of thb State Department of Education, and with the consultation and advice of .local governmental units, to make sound decisions on educational capital projects. The legislature should not change this historical manner by .which school districts have planned their development and should resist efforts to place, within the Metropolitan Council, the authority to modify or change school district capital programs. rte. - 9 - ASSOCIATION OF METROPOLITAN SCHOOL DISTRICTS ORGANIZATION: Minnesota Joint Powers Act, Minnesota Statutes, Section 471.59 DIENIBERS: Any Independent School District in the seven county metropolitan area is eligible. Present members are (as of December 31, 1975): Independent School District No. 271 (Bloomington) Independent School District No. 273 (Edina) Independent School District No. 275 (Golden Valley) Independent School District No. 274 (Hopkins) Independent School District No. 276 (Minnetonka) Independent School District No. 280 (Richfield) Independent School District No. 281 (Robbinsdale) Independent School District No. 623 (Roseville) Independent School District No. 283 (St. Louis Park) Independent School District No. 624 (White Bear Lake) OFFICERS: Chairman: Dr. E. Gary Joselyn, Chairman, Independent School District No. 281 (Robbinsdale) Vice- Chairman: Donald Wiese, Director, Independent School District No. 275 (Golden Valley) Treasurer: Carlton Lytle, Superintendent of Schools Independent School District No. 280 (Richfield) Legislative Representative: J. Dennis O'Brien Executive Secretary: Mary Anderson BQaRD OF DIRECTORS: BLOOMINGTON SCHOOLS Karen Walker, Boa-rcT Member Fred Atkinson, Superintendent EDINA SCHOOLS Otto By re, Board Member Dr. Ralph Lieber, Superintendent GOLDEN l'ALLEY SGIOOLS Donald Wiese, Board Member Robert J. Johnston, Superintendent R HOPKINS SCHOOLS James Hamill, and Member Dr.-Gebrge Greenawalt, Superintendent MINNETONKA SCHOOLS Richard Hogan, Board Member Dr. Donald Draayer, Superintendent RICHFIELD SCHOOLS Donald Wegmiller, Board Member Carlton W. Lytle, Superintendent ROBBINSDALE SCHOOLS Dr. E. Gary Toselyn, Chairman Dr. LeRoy Hood, Superintendent ROSEVILLE SCHOOLS John H. T. Pound, Chairman Dr. Lloyd Nielsen, Superintendent ST. LOUIS PARK SCHOOLS Dr. William Gardner, Poard Member Robert Ramsey, Acting Superintendent WHITE BEAR LAKE SCHOOLS Mrs, Jeannette Kahlenberg, Board Member Ernest M. Thomsen, Superintendent What is the Metropolitan Housing and Redevelopment Authority? The Metropolitan Council has been grant- ed the powers of a Housing .and Redevelop- ment Authority (HRA) under legislation passed in 1974. The Council, acting as an HRA, can operate throughout the Seven - County Area and carry out housing reha- bilitation and redevelopment programs upon approval of local communities. The purpose of the legislation setting up the Metro HRA is to provide assistance to local communities in meeting the housing needs of low- and - moderate - income people in the Metropolitan Area. e ioe iee What Kind of Rehabilitation Assistance is Available? Funding for housing rehabilitation is be- coming increasingly more available. The Minnesota Housing Finance Agency is initiating a home improvement loan and grant program. The federal government is making funds for rehabilitation available to communities through the Community Development Block Grant program. In addition, some local communities are now engaging in locally- financed housing re- habilitation programs. A major problem for many communities is, however, the lack of technical expertise to undertake the planning and implemen- tation of a rehabilitation program. To further compound the problem, some pro- grams, such as the state program, do not provide. funding to support the staffing necessary to undertake a rehabilitation program. Communities faced with these problems need skilled assistance at a min- imal cost. in Can Metro hWA Provide Rehabilitation Assistance? The Metro HRA has staff experienced in housing rehabilitation and is interested in working with communities wishing to undertake rehabilitation programs. The Metro HRA staff can assist in the develop- ment of the plans and applications required to participate in the state and federal re- habilitation programs. In addition, Metro HRA can provide the technical assistance and coordination necessary to carry out rehabilitation programs. The Metro HRA will also be making a joint application for federal funding to undertake housing re- habilitation in cooperation with local com- munities. How Would a Joint Application Work? Communities interested in participating in joint applications for rehabilitation funds with the Metro HRA should contact the Metropolitan Council's housing staff. If a community elects to participate, its city council must pass a general resolution asking the Metro HRA to apply for funds on the community's behalf. The Metro HRA, with local cooperation, then obtains the data necessary for the application and conducts the necessary communication and negotiations with the Department of Housing and Urban De- velopment (HUD) to secure funding of the joint application. Once funds are approved, responsibilities for program operations will be detailed in a program agreement adopt- ed by both the Metropolitan Council and the local communities. Would There be Any Cost to the Community? The Metro HRA was created by the legis- lature without funding. Therefore, unless the Metro HRA can secure federal funding through the joint application, it will be necessary for communities to reimburse the Council for the costs of providing the technical assistance services to develop and administer rehabilitation programs. However, a specialized staff can provide service to a number of communities inex- pensively. METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY Advisory Committee: Phil Cohen, Chairman, Brooklyn Center Patricia Lucas, Shoreview Jeanette May, Minneapolis Nan McKay, Apple Valley Warren Sorteberg, Minneapolis Grant West, St. Paul Joseph Easley, Roseville The Committee meets the second and fourth Tuesdays of the month at the Metro- politan Council offices. The public is in- vited. Contact us if you would like more infor- mation and feel the Metropolitan Council HRA could be of service to your com- munity. ADDRESS: METROPOLITAN COUNCIL HRA METRO SQUARE SAINT PAUL, MINN. 55101 PHONE: 291 -6306 ee Housing Rehabilitation Opportunities For Your Community METROPOLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION WHEREAS, the Metropolitan Council is committed to the preservation and rehabilitation -of the'existing housing stock in the Metropolitan area; and WHEREAS, rehabilitation programs offer one way to keep lower cost, homes available and in marketable condition for low and moderate income families and for.the elderly; and WHEREAS, the-Metropolitan Council,` operating as a housing and Redevelop - went Authority, desires to work with communities wishing to undertake rehabilitation programs; - NOW, THEREFORE, BE IT RESOLVED that the City of Edina hereby expresses intent to join the Metropolitan Housing and Redevelopment Authority and other communities to acquire federal funds and impliment as area -wide rehabilitation.prooram.. , ADOPTED this 1st day of March, 1976. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do- hereby certify that the attached and foregoing; resolution was duly-adopted by the Edina'City.Council at its regular meeting of`March 1, 1976, and as recorded in`the Minutes of said regular meeting... WITNESS my hand and seal of said City this 12th.day "of March, 1976. City Clerk v-- -- � tiO4 � O{+ r"� TtiE, ES t February 20, 1976 Dear Municipal Official: l[ Metropolitan Council 300 Metro Square Building Seventh Street and Robert Street Saint Paul, Minnesota 55101 Telephone (612) 227 -9421 Office of the Chairman f '1 The Metropolitan Council is committed to the preservation and rehabilitation of the existing housing stock in the Metropolitan area. I'm sure you are well aware of the need for rehabilitation. Our recent surveys indicate that over 75,000 housing units in the metropolitan area are in need of major or substantial rehabilita- tion. Another 102,000 are in need of some rehabilitation. We have been encouraged by the amount of local interest shown by communities in undertaking rehabilitation in the last few years. During these times of rapidly rising housing costs, we agree that rehabilitation programs offer one way to keep lower -cost homes available and in marketable condition for families who would other- wise not be able to afford the cost of a new house. The Metropolitan Council, operating as a Housing and Redevelopment Authority, is interested in working with communities wishing to undertake rehabilitation programs. The enclosed brochure briefly explains the kinds of assistance available from Metro HRA. As noted in the brochure, there are two ways that Metro HRA can provide rehabilitation assistance: 1) by providing staff assistance to plan, develop, and coordinate a local rehabilitation program in a community (it will be necessary for the community to reimburse the Council for the costs of these services); or 2) by preparing a joint application with several local communities to utilize Community Development Block Grant Funds to carry out an area -wide rehabilita- tion program within those participating cor�nunities . In the latter-situation, federal funds would be available for the Metro and local administrative costs as well as funds for the rehabilitation of homes. These are special discretionary funds available to the Secretary of the Department of Housing and urban Development (HUD) for use in area -wide programs and, thus, would be in. addition to any other discretionary funds available to local ccm- munities. -9- We have' °recently been encouraged by HUD to begin the process of putting together such an application. This process will .involve selecting 6 or 8 interested communities, preparing a program application, securing HUD funding, and carrying out the rehabilitation program. We hope to complete the selection process within the next two months so that an application for funds can be prepared by early summer. The administrative operations for an area -wide rehabilitation program will be patterned after our successful Metro HRA Rent Assistance Program in which responsibility for operations will be divided between Metro staff and local staff with a correspond- ing division of administrative funds. If you would like more information about Metro HRA Rehabilitation Assistance, please contact Phil Katzung at 291 -6306. Thank you for your interest. foland an JB /mc M E M O R A N D U M March I, ,1976 MEMO TO: Mayor Van Valkenburg City Council Members FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: Park and Recreation Calendar Brochure Printing Bid Two quotes have been received for the printing of the Park and Recreation Calendar Brochure for the 1976 -77 season. They are as follows: I. Paul Foss Printing and Lithography Inc. - $4,890.00 2. Colorbrite, Inc. - $4,978.00 Recommend award to Paul Foss Printing as low bidder MEMO TO: Ken Rosland FROM: Tom Melena. DATE: March V, 1976 SUBJECT: POLICE VEHICLES As of this date the Police Department has purchased all of its budgeted patrol vehicles, except for one. This vehicle was purposely held in reserve so that we could look at a variety of modes of transportation, hopefully to find a vehicle that would be better suited for Police use. Our investigation's have taken us to the "Blazer type" vehicle which hopefully would be a two-year vehicle, instead of only one. This vehicle is built more like a pick -up truck, :and-being of that type of construction, it was felt that it.could be a very good patrol vehicle iF it could meet our performance requirements, and:itdoes. The two quotes which we received-were-for 6-Dodge Ramcharger at.. .$4,880.60 from North Star Dodge and fora Plymouth Trail Duster for $4,95:7.50 from Kay Motors. Since these two vehicles are basically the same vehicle the only. difference being one is made by Dodge and the other by Plymouth, I recommend that award be made to Dodge with delivery to be approximately within eight weeks. Again, to reiterate, this vehicle is proposed to be a two -year vehicle.to see how adaptable it would be to Police functions and at a cost of only $300.00 over the normal cost of a squad car. If you have any questions, please do not hestiate to contact me. DORSEY, MARQUART, WINDHORST, WEST & HALLADAY DONALD WEST JOHN 5 HIBBS 2 3 0 0 FIRST NATIONAL BANK BUILDING THOMAS "R. MAMTHEY WALDO V MAROUART ROBERT O FLOTTIN WILLIAM R. HIBBS JOHN W nMOMORST JOHN O LCVINE MINNEAPOLIS, M I N N E S O TA 55402 PHILIP F BOLTER HENRY MALLADAT ROBERT J. STRUYK WILLIAM B. PAYNE JULE M. MANNAFORD MICHAEL A OLSON ROBERT A HEIBERG ARTHUR -B. WHITNEY RUSSELL W LINDOUIST LARRY W JOHNSON THOMAS S. MAY (612) 940 2000 JON N D. KIRBY R.A SCIMARTZBAUER . DAVID R. BRINK' -. G, LARRY GRIFFITH - DAVID N. FRONEK HORACE MITCH - CRAIG A BECK THOMAS W TINKHAM VIRGIL M. HILL DAVID L McCUSKEY CABLE: DOROW JON F. TUTTLE ROBERT V. TARBOX THOMAS O. M TELEX: 29 -0606 EMERYW BARTLE ROBERT J. JOHNSON JAMES M. OHAWN ' WILLIAM A JOHNSTONE M.&MASSELOUIST JOHN M.MASON TELECOPIER:(612) 340 -2866 JOHN P. VITKO PETER DORSEY MICHAEL W. WRIGHT STEVEN K. CHAMPLIN GEORGE P FLANNERY LARRY L VICXREY DON D CARLSON CURTIS I. ROT LOREN R. KNOTT 1468 W—FIRST NATIONAL BANK BUILDING MICHAEL RAONER ARTHUR E. WEISBERG PMILLIPH MARTIN - ST. PAUL,MINNESOTA 55101 PAUL J, SCHEERER DLUNE[JOSEPH REESE C. JOHNSON (612) 227 -6017 DAM F. NICOL JAMES B. VESSEY CHARLES J MAUENSTEIN MCHAEL TRUCANO WILLIAM A WHITLOCK CHARLES A GEER WILLIAM J. KEPPEL C J. SCNWARRRAUER JOHN C. 2WAKMIIN JONATHAN VILLAGE CENTER KENNETH IVERSON THOMAS M. BROWN CORNELIUS O. MAHONEY JOHN R WICXS EUGENE L JOHNSON - - CHASKA, MINNESOTA 56318 JAMES A FLAOER DAVID LSOEHNEN THOMAS S. ERICKSON JOHN W WINOHORST.JR (612) 448 -4012 LAWRENCE R. OLIVER WILLIAM C. BABCOCK MICHAEL PRICHARD - FRANK N. VOIGT MICHAEL E ORES 5 WILLIAM R SOTH - - WILLIAM E. MARTIN RAYMOND A. REISTER JOHN J. TAYLOR RICHARD G. SWANSON FAITH L OHMAN 116 THIRD STREET SOUTHWEST WILLIAM N HIPPEEJR. ROBERT A BURNS BERNARD G. HE'NZEN DAVID A. RANHEIM ROCHESTER, MINNESOTA 55901 .TONI ABEITZ WILLIAM J. HEMPEL ROBERT J. SILVERMAN ( 507) 288-31156 MICHEL A LAFOND March 1, 1976 The Honorable Members of the City Council Mr. Kenneth Rosland, Acting City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re:_ Disposition of Bicentennial Commission Revenues Dear Council Members and Mr. Rosland: BRADFORD LFERGUSON ROGER J. MAGNUSON J. ROBERT HIBBS JAY F. COOK STANLEY M. REIN CHARLES L. POTUZNIK VERLANE L ENDORF DENNIS SURATTI GEORGEANN BECKER ROBERT MOBSINS BARRY D. GLAZER PETER HENDRIASON MICKY R. MAY . IRVING WEISER STEPHEN GOTTSCHALK THOMAS ELKINS KENNETH J. CUTLER DAVID OUINLAN JAMES PIELEMEIER GARY K JOHNSON THOMAS W FINN LYNN KROMINGA JAY LSENNETT OF COUNSEL GEORGE E. ANDERSON ROBERT L VANFOSSEN We. understand that the City's Bicentennial Commission contemplates the sponsoring of a community dinner and celebration in honor of the nation's bicentennial. We further understand that it is expected that these events will generate profits. The Bicentennial Commission has indicated that they are willing to stage these events only if the City Council will agree to apply or donate any such profits to the Community Resources Pool or toward the contemplated civic arts center. You ask whether the City Council may legally so apply or donate such funds. There is little doubt but that any such profits would be public funds due to the fact that they would be generated by the expenditure of public funds, and it is of course axiomatic that public funds may be ex- pended only for public purposes. The Community Resources Pool is an association devoted primarily to the fostering of community awareness of the history of the City. It is funded by Independent School District.No. 273 and has a paid staff together with many members who work.on a volunteer basis. While the work of the Community Resources Pool may be of substantial benefit to the public, we are of the opinion that the City may not donate public funds to support it. We base this conclusion on the fact that the City has no control over this organization. As we have.,noted, it is con- trolled if at all by the School Board, which is a separate governmental entity. It has been consistently held that municipalities may not make . donations to private individuals or organizations not under their direct control, regardless of the purpose for which the funds are to be used. McQuillan, Mun. Corp.(3rd ed.), § §39.19, 39.25. We note, however, that under Minn. Stats., §471.93, statutory cities are authorized to appropriate DORSEY. MAROUART, WINDHORST. WEST a HALLADAY The Honorable Members of the City Council and Mr. Kenneth Rosland, Acting City Manager Page 2 up to $500 per year for the purpose of collecting ,:printing,.publishing and distributing and exhibiting data and material pertaining to the history of the city. We, .therefore, advise that if the City Council desires to benefit the Community Resources Pool, it do so by appropriating up to $500 of the expected profits to have the City perform any of the above functions which would otherwise have to be paid for out of the Resource Pool's budget,.rather than to donate the funds to the organization. We see no reason why the City Council may not by resolution appropri- ate.the expected profits to the future development of the civic arts center. We wish to point out, however, that unless-otherwise provided by statute,.. the general rule is that appropriations of municipal funds for a given object or a definite purpose cannot be transferred or diverted to any other purpose. McQuillan, Mun. Corp. (3rd ed.), §39.69. While Minn. Stats., §412.731 pro- vides that appropriations made in the annual budget of the city may be re- duced or transferred by resolution approved by a four - fifths vote of the council, the contemplated appropriation would not be a part of the annual budget resolution. We are, therefore, uncertain of whether any funds thus appropriated could be used for any other purpose, raising the diffi- cult question of what these funds could be used for.if the art center pro- ject is later abandoned._ very truly yours, , Thodas S'. Erickson TSE /ms MARY M. FORSYTHE DISTRICT 39A HENNEPIN COUNTY 4605 EDINA BLVD. EDINA, MINNESOTA 55424 OFFICE: 377 STATE OFFICE BUILDING ST. PAUL, MINNESOTA 55155 TELEPHONES: STATE CAPITOL: 296.4363 HOME: 927.6613 -U L yw� State of Minnesota HOUSE OF REPRESENTATIVES MARTIN OLAV SABO, Speaker Mrs. Florence Hallberg City Clerk City of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 Dear Florence: COMMITTEES: APPROPRIATIONS CRIME PREVENTION AND CORRECTIONS HEALTH AND WELFARE March 8, 1976 I have received the copies of your resolutions adopted by the City Council. Express my thanks to them for their interest. I expect to oppose any stadium proposal using tax monies, but would consider a proposal if it is on a referendum. Now that the Bloomington site is down the drain, I oppose it even more. Thank you. MMF /amg en --V&� 40,- A-b YL 5, I <k Sincerely, Mary M. Fors State Repres y e ative Y 'W" ,N. V TO: city of brooklyn park February 26, 1976 31 ID SUBURBAN HENNEPIN COUNTY MAYORS AND CITY NAGERS (Please duplicate for your Councilmen). 5 FROM: JIM KRAUTKREMER, MAYOR, CITY OF BROOKLYN PARK T H A On February ll, 1976, Mayors, Councilmen and other representatives V from 25 suburban Hennepin County cities and villages met to discuss E the tax situation between Minneapolis and suburban communities. A o presentation was made to show what we feel is indiscriminate pass- ing on of taxes from intercity to the suburbs. The 52 people who R attended were all interested in getting more information, and many 0 were ready to get something going immediately to fight this problem. 0 � How can we do this? Some don't feel another organization is needed; N others do. Regardless, whether we get together formally or informally, we need to do something to get together on this issue. United we stand P a chance; divided we'll continue to subsidize Minneapolis' inefficien- R cies and their pension burden. As I have stated before, core cities K do have special needs - -but that.doesn't mean, that you and I have to M give them a blank check to.tax us and our constituents on a whim. Let's get together on this situation and at least discuss the options N we have available to us. E S Financial support will-be-necessary; however, if your municipality T does not wish to contribute financially, please consider committing A sQjpe of your city staff time in lieu thereof, ar}d so indicate in the 5 resolution. 5 4 r 4 Please approve the attached resolution at your next Council meeting and"send a copy to me as soon as possible. If you have any questions, E please call me at 560 -4100, Ext. 300, during the day or 537 -7722 in E the evening. Regardless, please let me know one way or the other P whether you are interested. H T 0 N E 4 -�!( 2 5 4 JJK /mp 0 2 Attachment RESOLUTION APPROVING MEMBERSHIP IN A SUBURBAN HENNEPIN COUNTY MUNICIPAL ORGANIZATION WHEREAS, Minneapolis and Hennepin County elected officials have both presented legislative programs to the Minnesota Legislature; and WHEREAS, many of the items contained in these proposals have the effect of having suburban - communities absorb additional tax burdens; and WHEREAS, under recent legislation the inkercity now enjoys the position of having suburban taxpayers subsidizing a sizeable part of their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of the ;Tfinneapolis' tax burdens throughout Hennepin County; and WHEREAS, it is in the best interests of all Hennepin County suburban municipalities to present a united front to ensure that this practice is not continued; and WHEREAS, it is also in our best interests to keep a watchful eye on all related legislative proposals and day -to -day operations. NOW, THEREFORE, BE It RESOLVED BY THE CITY OF that: 1. We endorse the development of an unbiased comparative core city vs: suburban municipality tax study, including relative effects of all intergovernmental aids. 2. Lobby efforts in the 1977 Minnesota Legislature be undertaken concerning disparities in the distribution of shared tax aids. 3. We hereby support the coalition and its concept and appoint (name, address, office 6 home phone number) to represent our community. BE IT FURTHER RESQLVED -that: 1. We wish to participate in the funding in 1976 and 1977 operations (1/2 payable in 1976 and 1 /2.payable in 1977) in an amount up to but not exceeding 5t per capita. 2.. A copy of this resolution is to be sent to Mayor James Krautkremer, City of Brooklyn Park. RESOLUTION APPROVING MEMBERSHIP IN A SUBURBAN HENNEPIN COUNTY MUNICIPAL ORGANIZATION WHEREAS, Minneapolis and Hennepin County elected officials have both pre- sented legislative programs to the Minnesota Legislature; and WHEREAS, many of the items contained in these proposals have the effect of having suburban communities absorb additional tax burdens; and WHEREAS, under recent legislation, the inner city now enjoys the position of having suburban taxpayers subsidizing a sizeable part of their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of the Minneapolis' tax burdens throughout Hennepin County; and WHEREAS, it is in the best interests of all Hennepin County suburban municipalities to present a united front to insure that this practice is not continued; and WHEREAS, it is also in our best interests to keep a watchful eye on all related legislative proposals and day -to -day operations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDINA that: 1. We endorse the development of an unbiased comparative core city vs. suburban municipality tax study, including relative effects of all intergovernmental aids. 2. Lobby efforts in the 1977 Minnesota Legislature be undertaken con- cerning disparities in the distribution of shared tax aids. 3. We hereby support the coalition and its concept and will provide City staff time in support thereof; and BE IT FURTHER RESOLVED that a copy of this resolution is to be sent to Mayor James Krautkremer, City of Brooklyn Park. ADOPTED this 1st day of March, 1976. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its regular meeting of March 1, 1976, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 3rd day of March, 1976. City Clerk s ` v ff TIC Av 41 rF CAULEY TRAIL CROSSVIEW UTHERAN CHURCH 1 GG � a InDIA o HI L8 ' �I Q pPP 9 CIP.CI;L (mvision REQUEST NUMBER: LD -76 -1 LOCATION: 6410 -08 McCauley Circle REQUEST:. lot division to allow individual ownership of existing double bungalow units. village Wanning de irtment vilinge of edin® EDINA PLANNING COMMISSION STAFF REPORT February 25, 1976 LD -76 -1 John McCauley by Clarence J. Kemp. 640810 McCauley Circle. Lot 3, Block 1, McCauley Heights 3rd Addition. , Refer to: Attached survey The proponents are requesting to divide an existing double bungalow which faces McCauley Circle and backs onto McCauley Trail and the Highway 18/ Crosstown Highway interchange. The proponents are requesting to divide this double bungalow down the party wall so that each half may be homesteaded. The attached graphic shows that approximately half of the lot would be assigned to each half of the double bungalow. Recommendation: The.staff would recommend approval of the proposed lot division and would note that we have approved approximately 15 similar lot divisions. This recommendation is contingent on the payment of a second water and sewer connection charge prior to final approval of the division by the Council. GL:ln 2/20/76 CApDARELLE & ASSOCIATES, INC. .644C FLYING CLOUD DRIVE LAN U bUh •t TUrlZ? 941.34"0 EDEN PRAIRIE, MINN. 55313 CERTIFMOA75 OF SUMVIrzy ke bUrvey or. . . Buok•�7 Page -L-2- t a Ir, t W-orth- ;;ter? v 1 corliFy 0%=1 -his it C. I'wq 3Aj .-g,:, ji! :J OAJ Of III• loco6an of at I bvi!_J..,qj Thorson, and 0 17 CA(loachmeml. j! or.r. I!OFA of O� j, CAIRDARELLE & ASSO'CIATFS, INC. STATE REG. NO. 6508 2 -25 -76 Planning Commission Minutes, IV. LOT DIVISIONS: LD -76 -1 John McCauley by Clarence J. Kemp. 6408 -10 McCauley Circle. Lot 3, Block 1, McCauley Heights 3rd Addition. Mr. Luce explained the proponent is requesting to divide an existing double bungalow down the party wall to allow separate ownership of each unit. Noting that several similar lot divisions have been allowed in the past, he recommended approval of the request provided a second sewer and water connection charge is paid prior to Council approval of the division. . Mr. Clarence Kemp and Mr. and Mrs. McCauley, the proponents, agreed to pay the second connection charge. Mr. Runyan moved the requested lot division be approved, provided payment fon- the second sewer and water connection charge is received prior to Council approval of the division. Mr. G. Johnson seconded the motion. All voted aye. Motion carried. x �6� 1 1 city ®f 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 65424, 927 -8861 February 27, 1976 The Honorable Bill Frenzel 1026 Longworth Building Washington, D.C. 20515 RE: Revenue Sharing Dear Bill: You have asked for comments on the above. l guess.our Council would have two different views on it. One, represented by Bill Shaw, is to the effect that the revenue sharing should not exist if it means a deficit on the Federal level because that is not wise economics. think he would also agree with the rest of us, and that is that the money should not go to Washington in the first place. If some of the programs that were taken over by Washington were left as a local option.to the local governments, then they would decide whether the programs get done or not, without the initial expense of the Federal government. note your attachment to the December letter which indica.tes'that there has been some waste `•in local application of the:Revenue Sharing Plan. I do.not think I need to even comment on who has the world record on wasting.of funds. guess also it is my feeling that if the monies came from a locality, they then should be spent by the locality, and if the local officials . haven't enough brains to spend them properly, then the electorate will throw. the rascals out. Regards. JVV /sh Yours trulyy. James _Van Val kenburg Mayor BILL. FRENZEL THIRD OI.TRICT. MINNESOTA WASHINGTON OFFICE* 1026 LCNGwoRTH BUILDING 202- 22.5 -2671, STAFF DIRECTOR RICHARD D. WILLOW Congrem� of the MOO btatefs 3Douge of Reproentatibeg Wa4furiton, O.C. 20515 December 16, 1975 The Honorable James Van Valkenburg Mayor 4801 West 50th Street Edina, MN 55424 Dear Jim: SUBJECT: Revenue Sharing DISTRICT OFFICES. MRS. MAYBETH CHRISTENSEN. MANAGER 120 FEDERAL BUILDING MINNEAPOLIS. MINNESOTA 53401 612- 725 -2173 MISS SANDRA KLUG. MANAGER 3601 PARK CENTER BOULEVARD ST. LOUIS PARK, MINNESOTA 55416 612- 823 -4540 1. Many local officials have asked me about the chances for renewing general revenue sharing. Up until the last week or two, I have always responded that there is no problem and that revenue- sharing is certain to be extended. In addition, I have predicted that it would be unlikely that the program would have any new restrictions. 2. In the last several weeks, the picture has changed dramatically. The pressure of our enormous fiscal deficit has begun to weigh hard on some of our Members who would prefer to cut general revenue sharing rather than grant programs which they control. Increasingly, I hear on the floor of the House complaints about money wasted in revenue sharing and threats about terminating the program. A copy of such a statement is attached herewith. The odds on the extension of revenue sharing have dropped sharply. I still believe it can be passed, and that it will be passed. However, I now believe that the conditions here have changed sufficiently so that it is going to take a full -scale effort to extend the program. 3. Therefore, if you favor the extension of revenue sharing, I hope you will write so that I have a new letter for the record. If your local government supports it, I hope you will send a resolution. 4. As usual, I will appreciate any comment, counsel or criticism you may have. Yours very truly, l Bill renzel Member of Congress BF:ss Att. THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS December 4, 1975 CONGRL•S;,,ONAL RECORD,— IIOUSI t . 1I,11829 Mr. HAYS of Ohio. Mr. Chairman, will U!! gentleman yield? Ur. MENZEL. I yield to the distin- r.+flrched gentleman from Ohio.. Mr. HAYS of Ohio. Mr. Chairman, my f ; 0 her used to say when he gave me a f!, of castor oil, "Actually, you may not lb:k� this, but it may do you some good." if you want to save some money, we .,;!;,,t Ad do away with revenue sharing. Evvey official in my district is willing to pri; the money and they have wasted it in nur.; t cases. In my own county, the county commissioners of my own party spent,, $150,000 to put glass blocks in the wind - dows of the jail in front of the bars so prisoners could not escape. The only trouble, we found when summer came the prisoners were suffocating; so they had to spend another $150,000 to air con- dition it. It is probably the Only air -con- ditioned jail in the country. That is an example of what we are doing with revenue sharing. We are shar- ing revenues we do not have. What we ought to do is have the courage to tell these fellows back home, "If you nc2d money, go to the taxpayers and ask them to vote a levy or bond issue and see how far you get." Mr. nu PONT. Mr. Chairman, will the gentleman yield? Mr. FRENZEL. I yield to the gentle- man from Delaware. (Mr. DU PONT asked and was given permission to revise and extend his re- marks.) PERGONAL EXPLANATION Mr, Du PONT. Mr, Chairman, a few moments ago I was absent from the floor at an appointment with the House physi- cian and missed the vote on the Stark amendment to this bill. Had I been pres- ent, I would have voted "aye," in order to remove from. the bill the capital loss carryback provision of section 1402 of the bill. Mr. CONABLE. Mr. Chairman, will the gentleman yield? Mr. FRLNZLL. I yield to the gentle- man from New York. Mr. CONABLE. Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I cannot leave this at- tack on revenue sharing unanswered. There is no more important tax reform measure before this Mouse than Lire ex- tension of revenue sharing. If we want to cant the whole tax system toward regres- sive taxes, toward sales taxes and real estate taxes, then the best 'Hay is to re- fuse to enact the extension of revenue sharing. To terminate revenue sharing will move the whole tax system away from progres..ivity, which supposedly is the is- sue in tax reform. Mr. FRLNZLL. I thank the gentleman, and I agree with him, . NATIONAL LEAGUE OF CITIES - UNITED STATES CONFERENCE OF MAYORS January 21, 1976 TO: (1) Mayors and Managers (2) Executive Directors of State Municipal Leagues (3) Other Municipal Officials SUBJECT: Congressional -City Conference, March 14 -i6, 1976, Washington,D.C. How many members of Congress have you heard say that reenactment of revenue sharing is a sure thing? If that's so, why hasn't the pro- gram been approved by Congress and the.President; why have cities with fiscal years beginning July 1, 1976, had to guess the amount of revenue sharing dollars to be expected after next December when the program expires unless Congress acts first. Have you and your city planned what you will do without revenue sharing funds if Congressional action remains at the present standstill? The Tenth Annual Congressional -City Conference will focus totally on the reenactment of the general revenue sharing program. This is the priority legislative issue before the Congress and before the cities. The program will feature complete briefings as to the exact status of the legislation in the Congress, the precise count of Members of Congress supporting, opposing, or taking no position on the legislation, and specific advice, as to how each city official attending the meeting can help. This could be the single most important contribution you can make to the total effort to reenact Revenue Sharing now.. Forms for advance.regist.rati.on. and hotel reservations.are enclosed along with a preliminary program. Alan Beals jhnJ. Gu her Executive Vice President Executive Director National League of Cities U. S. Conference of Mayors- Enclosures: (1) Preliminary Program (2) Instructions for Registration and Hotel Reservations, with Forms 1620 Eye Street. N.W.; Washington D. C. 20006 / 202 - 293 -7300 _ 2 _ ,a Tuesday, March 16, 1976 r 8:00 a.m. REVENUE SHARING STRATEGY BREAKFAST Speaker ,. 9:45 a.m. CONGRESSIONAL CONFERENCES Remainder of Tuesday is set aside for.city ' officials to•confer with members of their -Congressional delegations. .Bus transporta -. between the Washington Hilton Hotel and. Ca pi Hill will be provided as well as p p :assistance in arranging appointments. Trans- portation to House and Senate Office Buildings will begin at 9:45.a.m. `Hill activities will be closely monitored through a NLC and USCM "feed back" center located on Capitol Hill. Delegations will report the results of their meetings at the center. ::. V t February 24, 1976 city of 4001 WEST FIFTIETH STREET • EDINA, MINNESOTA 63424 • 927 -8861 The Honorable Otto T. Bang Minnesota State Capitol St. Pau I, tdN 55155 RE: HF 2043 My dear Senator Bang: You have all been in the legislature for a varying number of years and l sincerely believe you are honest and doing a good job. I don't care to know your financial interests. 1 assume you own your home (with mortgage), some insurance, stock, perhaps a cabin or some other real estate interest. The details are none of my business, nor of the nosey press,, or any one else except you, your banker or your attorney. I cannot imagine our fine representatives, senators, school board members, or council members running again if this bill passes. The assumption is that if you are in government you are dishonest, are sus - pected and therefore, should inform everyone of your personal affairs. Ply experience is.that people in government (elected, appointed and full time) are honest, sincere and work darn hard. The fact someone has earned a few dollars does not mean he is dishonest. Conflicts arise and people disqualify,themselves from that issue. The only person with no conflicts is one with no property, no property interests, no income and no assets - in short no one. The bill, as I understand it, applies to real estate only. It will soon in- clude stock, friends, customers, clients and on and on. Will it include the economic interests of spouse, parents, children, partners and associates? Some of our Council members said they world not want to disclose assets and thereby show how poor they were and they would never run again. This is an Indication of a problem if people %'ron't run, we as individuals are not important, but you lose many competent candidates. fI i February 24, 1976 Page 2 Avery Rauenhorst resigned from a state board because of this requirement. The time, expense and effort to procure a list from him was unrealistic and for fear of omitting a property, he resigned. Does this include appointed people such as Metro Council, Park Board and similar bodies? I cannot imagine a non paid (not even expenses) school board running with this requirement. Why is this limited to tcwns over 20,000? No logical reason for this distinction exists. It may be even more important there where the local businessman - council member is on the bank board of directors. Campaign reporting should be complete. We have for over 15 years had complete disclosure in Edina and in more detail than ever required by state or city rules. This is good. Incidentally, the Metro Planning Bill will take all local control of zoning away from the municipalities. Very truly yours, James Van Valkenburg, Mayor cc: Edina City Council Edina School Board r� DORSEY, MARQUART, WINDHORST, WEST HALLADAY DONALD WEST JOHN 5 NIBBS 2300 F I R ST NATIONAL BANK BUILDING THOMAS R. MANTHEY WALDO F. MAROUART ROBERT 0 ROTTEN WILLIAM R. MIBBS PHILIP F. BOELTER JOHN W, WINDHORST JOHN 0, LEVINE MINNEAPOLIS, MINNESOTA 55402 WILLIAM. B. PAYNE HENRY MALLADAY ROBERT J STRUTK ROBERT A HEIBERG JULE M, MANNAFORD MICHAEL A OLSON JONND.KIRBT ARTHUR B. WHITNEY LARRY W. JOHNSON (612) 340 -2600 R TZBAUCR RUSSELL W. LINDOUIST THOMAS S MAY - V D N. FR DAVID N. IRONEK DAVID R. BRINK G LARRY GRIFFITH THOMAS W. TINKNAM XGRACE HITCH CRAIG A BECK CABLE' DOROW JON F. TUTTLE VIRGIL N. MILL DAVID L McCUSKE` - EMERY W. BARTN ROBERT V. TARBOX THOMAS O. MOE TELEX: 29 — 0605 WILLIAM A JONNSTONF ROBERT J. JOHNSON M. B. NASSELOUIST JAMES N. DIIAr-AN JOHN M MASON TE_LECOPIER: (612) 340 -2868 JOHN P. VITKO PETER DORSET MICHAEL W WRIGHT - STEVEN K,CHAMPL'M GEORGE P. FLANNERY LARRY L. VICKREY 1468 W—FIRST NATIONAL BANK BUILDING DON 0 CARL SON MICHAEL 'J RADMER CURTIS L ROY ARTHUR E, WEISBERG LOREN R KNOTT PHILLIP H MARTIN ST.-PAUL, MINNESOTA 55101 PAUL J SCXEERER DUANE CJOSEPN REESE C. JOHNSON {612) 227 -8017 DAN F NI COL MICHAEL JT RUCANO JAMES B. VESSEY CHARLES J. HAUENSTEIN - WILLIAM J. KEPPEL WILLIAM A WHITLOCK - CHARLES A GEER KENNETH IVERSON E JOHN C ZWAKMAN - JONATHAN VILLAGE CENTER JAMES FLAMER O=WARRSAUER THOLW M BROWN CORNELIUS O. MAHONEY JOHN R. WICKS EUGENE L JOHNSON CHASKA, MINNESOTA 66316 L. DAVID L.BOEHNEN THOMAS 5. ERICKSON JOHN W WINDHORST,JR (612) 448-4012 LAWRENCE R, OLIVER FRANK M. VOIGI WILLIAM C. BABCOCK MICHAEL PRICHARD WILLIAM E MARTIN MICHAEL E. BRESS WILLIAM R SUTH WILLIAM M HIPPEF.JR, RAYMOND A, REISTER RICHARD G. SWANSCN 115 THIRD STREET SOUTHWEST ROBERT A BURNS JOHN J. TAYLOR BERNARD G. NEINZEN FAITH L OHMAN DAVID A. RANHEIM ROCHESTER, MINNESOTA 55901 TONIA BEITZ WILLIAM J. HEMPEL ROBERT J. SILVERMAN (607) 288 -3156 MICHELA LAFOND February 26, 1976 The Honorable Members of the City Council Mr. Kenneth Rosland, Acting City-Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Re: Pumper Fire Truck Bid Award Dear Council Members and Mr.. Rosland: _A BRADFORD LFERGUSON ROGER J. MAGNUSON J. ROBERT NIBBS JAY F, COOK STANLEY M. REIN CHARLES L. POTUZNIK VERLANE LANDORF DENNIS BURATTI GEDRGEANN BECKER- ROBERT HOBBINS BARRY D. GLAZER PETER MENDRIASON N ICKY R. HAY IRVING WEISER STEPHEN GOTTSCHALK THOMAS ELKINS KENNETH J. CUTLER DAVID OUINLAN JAMES PIELEMEIER GARY M. JOHNSON THOMAS W FINN LYNN KROMINGA JAY L BENNETT OF COUNSEL GEORGE E ANDERSON ROBERT L VANFOSSEN on January 21, 1976, bids were opened for one 35,000 G.V.W.,,1500 G.P.M. pumper fire truck in accordance with the advertised invitation therefor. The two lowest bidders, by a :substantial margin, were Pierce Manufacturing Co., . whose bid was $80,128, and General Safety Co., whose bid was $82,425. Pierce's bid, however, was based upon .a truck 'dif.fering in twenty -two ways, including certain features the City deems important, from the specifications contained in the invitation for bids. By letter dated February 17, 1976, Thomas M. Mele.na advise3 Pierce of his intention to recommend to the City Council that the Pierce bid be rejected due to such deviations from the invitation for bids. Pierce has estimated an additional cost of $1,970 to provide a truck conforming to the City's specifications. Pierce has now offered to build the truck per the City's specifications for the amount of its original bid. You ask if the City may legally award the contract to Pierce. This question has been answer.ed:in,the negative by the Minnesota Supreme Court in Coller v. City of St. Paul, 223 Minn. 376, 26 N.W.(2d)`835 (1947). There it was held that after bids for the furnishing and installation of parking meters had been received and opened, it was impermissible for the bidder to modify its bid by agreeing to install the meters according-to the city's specifications and for the city to enter into a contract with such bidder upon the basis of the bid as thus modified. Minn. Stats., §471.345 requiring competitive bidding in the letting of public contracts requires, as necessary corollaries that the public, officials whose duty it is to let a contract should adopt definite plans and specifications with respect to the subject matter of the contract so that a bid may constitute a definite offer for the contract which can be accepted without further negotiations and so that the only function �1 DORSEY,MAROUART,WINDHORST,WEST $ HALLADAY The Honorable Members of the City Council Mr. Kenneth,Rosland, Acting'City Manager Page 2 February 26, 1976 of the public officials with - respect to bids after they have been received is to determine who is the lowest responsible bidder. It necessarily follows that a bid must conform substantially to the advertised plans and specifica- tions, and that where there is a material variance between the bid and the plans and specifications, it,is..the plain -duty of the public authority_ to reject the bid. (Coller v. St. Paul,.supra:,.:at 385.) Hence, awarding a contract to a bidder whose bid.is required to be rejected, based upon subsequent modi- fications to that bid, amounts to negotiation of the contract in disregard of the statutory requirement of competitive bidding. It is, therefore, our opinion.that the City..may not award the con- tract for the furnishing of the pumper fire truck to Pierce Manufacturing Co. A further question is whether, the bid of Genera]2Safety Co. must also be rejected. Mr. Melena advises that General Safety.Co. conformed wholly to the City's plans and .specifications,-with only three exceptions: a pan that would keep water from freezing at -35° (a pan will be,supplied but will not be so tested); anodized aluminum to be used (brushed aluminum to be used instead); and a liquidated damage clause of $25 per day for delay in delivery, (this: was excepted entirely). Tom Melena further advises that the first two exceptions result in a total dollar difference -of only approximately $200. They, then, would not appear to be material variances in that they are not such as gives General Safety Co. "a substantial advantage or benefit not enjoyed by other bidders." (Coller v. St..Paul, suvra.) The other variance (liquidated damages) causes more difficulty. The bid form did not .require delivery,by a certain date, but left a blank for the delivery date, with daily damages to accrue thereafter. Thus, eliminating the damage clause, or retaining it, would not increase or decrease the price bid, but would only shorten or lengthen the time for delivery. Whether the elimination of the damage clause gives a;sub- stantial advantage to one bidder is, therefore, difficult to determine; the City must weigh the respective advantages of a shorter delivery period without• a damage clause, and a,longer delivery period with a damage clause. Whether an advantage exists is subjective in nature, and the cases give no guidance on this issue. On balance, we are of the opinion that deletion of the damage clause should not be deemed a material variance, but we cannot be certain of that result. As a further fact, all bidders took exception to the liquidated damage clause. Thus, if a material variance, it exists in all bids; and-all must be rejected. Therefore, the alternatives open to the City are either to--award-the bid to General Safety Co., the.low bidder after rejection of Pierce Manufacturing DORSEY. MAROUART. WINDHORST, WEST a HALLADAY j The Honorable Members of the City Council Mr. Kenneth Rosland, Acting City .Manager Page 3. February 26, 1976 Co., and assume what appears. to be a small risk of attack, or to reject all bids and readvertise for new bids on the contract. If new bids are sought, I_ suggest that a delivery date be inserted and that the liquidated damage clause be removed from the plans and.specifications if not important to the City. Very truly yours, TSE /abc T omas S. Erickson cc: Mr. Thomas.M.`Melena I1W WELCOME TO A MEETING OF THE EDINA CITY COUNCIL Members of the Citv Council arse: M yor James Van V4 -lkei C. Wayne C u/rtne , 43 Fr R' ards, 225 F June Schmidt 7005 Br. W llis F. aw, 5440 ] burg, 4204 Ph'lbrook Lane 3 Eton Place eetwood Dr e stol Blvd. lifax ne tfM""4-&- who usually sit at the Council table are: City Manager Warren C. Hyde City Attorney Thomas Erickson City Clerk Florence Hallberg Director of Public Works Robert C. Dunn If you would like to speak -- -:iz - 4- The City Council encourages residents to express their opinions during Council meetings. To keep the meeting moving smoothly, it asks that you follow a few basic guidelines in making your presentation. p If you wish to speak on a subject that is on the agenda-, you may do so when that item is discussed, but please keep your comments germane to the issue. If you would like to talk about some other topic, you may do so at a special time near the end of the meeting. ® When addressing the Council, stand at the microphone and begin your presentation by clearly stating your name and address. ® To help maintain order, please do not applaud or create other unnecessary disturbances during the meeting. ® Petitions should be presented to the City Clerk. ® Members of the audience are encouraged to speak before the Council, but they cannot make motions or otherwise participate in the meeting. How the Council votes. Three members of the Council constitute a quorum. A majority vote is needed to pass motions and general resolutions. A vote of 3/5 is required for most other resolutions. Improvement hearings and street vacations originated by the Council require a 4/5 vote. A vote is not necessary on the first reading of an ordinance; the second reading, however, can be waived with a 4/5 vote. Zoning ordinances - require a 4/5 vote on the second reading, but other ordinances can be approved by a 3/5 vote. Participating in City government. The City Council usually meets at 7:00 p.m. on the first and third Mondays of the month. All Council meetings are open to the public. To find out what is on the Council's agenda, call City Hall at 927 -8861. The Council is assisted by many Edina residents who volunteer to serve on advisory commissions such as the Park Board, the Planning Commission, and the Human Relations Commission. The meetings of these commissions are also open to the public. If you would like to learn more about your City government or are interested in working on an advisory commission, please call the City Manager's office, City Hall. JAMES VAN VALKENBURG MAYOR 3/1/76. February 27, 1976 MEMORANDUM TO: Mayor, City Council, City Manager FROM: Gordon Hughes, Environmental Planner, and Ken Rosland, Director of Parks and Recreation SUBJECT: Bredesen Park.Funding Recommendation: The Edina Park Board, Edina Environmental Quality Commission,' and staff recommend 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. The cost to the City of such a cooperative agreement would not exceed $6,500.00 which would be refunded if the petition noted below were approved. 3. Subsequent to the cooperative agreement, the City should petition the Nine Mile Creek Watershed District to undertake the total - funding of the Bredesen Park development. Approximately 2� years ago, the Mud Lake Task Force presented its report to the City Council regarding the development of the Mud Lake area (Bredesen Park). This report recommended that Bredesen Park be developed into a nature area with limited recreational use. It was proposed that the nature area include a fifteen acre fishing lake, a (, system of interior nature trails, perimeter bicycle and pedestrian trails, and a number of rest areas and other amenities. During the past two summers, the perimeter bicycle path was completed and the perimeter fencing and walking path were started. The bicycle path cost approximately $40,000.00. This path was partially financed by a $20,000 grant from the Department of Natural Resources and $6,000 in labor supplied by a state summer youth work program. In addition, that part of the bicycle trail constructed along Olinger Boulevard and Vernon Avenue was constructed with State Aid street funds. Thus, this path was constructed with a.nominal cost to-the City in the form of equipment and personnel time. When completed, the perimeter fencing is. estimated to cost $35,000.00. The Nine Mile Creek Watershed .District will.finance one -half of this cost by way of a cooperative agreement currently in effect with the City. In addition, summer youth employees provided by the.State have been and will be used to construct the fence as well as the perimeter walking path. Again, the City will assume the balance of costs which are largely equipment and personnel time. U Memo to Mayor, Council, City Manager February 27, 1976 Page 2 Recently, City staff met with representatives of the Nine Mile Creek Watershed District for the purpose of determining financial participation of the District toward the further development of the Bredesen Park Nature Center. The Watershed District has indicated that it would entertain a petition from the City of Edina which would request the District to assume the total cost of the remaining development of Bredesen Park. The District would raise such funds by way of an assessment over the entire watershed district (i.e. portions of Minnetonka, Hopkins, Edina, Eden _ Prairie, and Bloomington) as provided for in M.S. Section 112.61, Subdivision 3, that the proposed improvements would be of common benefit to the entire district.`? Prior to preparing such a petition, however, it is necessary to update plans for the Bredesen Park Nature Center and to refine the cost estimates for the project. This plan and estimate are attached. This plan varies from the Task Force recommendation regarding the fishing lake. After consulting fisheries experts, wildlife experts, and engineers, it is staff's opinion that such a lake would not be desirable in Bredesen Park for the following reasons. First, construction costs of the lake would be very high. While the Task Force estimates a cost for lake development of $159,500, there is reason to believe that twice that amount ($320,000) may be necessary. Second, because of the highly organic nature of the Mud Lake basin, serious problems with aquatic growth would be expected. Third, maintenance costs associated with fish stocking, aeration, and the floating bog would be high. Fourth, the lakes in the City, notably Lake Cornelia, have excellent public access and could more easily be developed to provide a larger and better fishing lake at a much lower overall cost. Thus, we recommend a. limited excavation program in the Mud Lake basin which would provide approximately 10 acres of open water at a shallower depth. This water body has been designed to be particularly conducive to wildlife populations similar to that provided at the Wood Lake Nature Center in Richfield. Boardwalks and blinds would allow enjoyment of such wildlife by walkers. Such an excavation plan could be expanded at a future date if it were determined that a fishing lake was desirable. In order to produce final plans prior to the petition process, it is necessary to obtain: 1. a soil analysis of the Bredesen Park area to determine the feasibility of excavation; 2. a study by a hydrologist to determine water levels, control elevations, and so forth for the area; and 3. a two foot topographic map of the area. This work is estimated to cost $13,000.00. The Watershed District has indicated that they will enter into a cooperative agreement with the City such that the costs of these studies will be shared 50 -50. If the petition is subsequently approved, the City's 50% will be assumed as part of the project cost and thus refunded. GH:ln t� COST ESTIMATE BREDESEN PARK NATURE CENTER MARSH DEVELOPMENT Mud Lake Excavation and Spoil Area Grading (Average Depth - 4') 18,327 C/Y @ $'.50 /C /Y $ 9,163.50 33,170 C/Y @ $1.00 /C /Y 33,170.00 15,940 C/Y @ $2.00 /C /Y 31,880.00 $74,213.50 Small Wetland Excavation 19,690 C/Y @ $.50 /C /Y 9,845.00 2,962 C/Y @ $1.00 /C /Y 2,962.00 9,356 C/Y @ $2.00 /C /Y 18,712.00 • 31 519.00 Control Structures , Mud Lake Outlet @ $151000 15,000.00 3 Wetland Outlets @ $1,000 3,000.00 18,000.00 INTERIOR NATURE TRAILS 800 L/F Floating Boardwalk @ $26.00 /L.F. 20,800.00 10,600 L/F Wood Chip Trail With Pole Borders @ $1.50 /L.F. 15,900.00 36,700.00. TRAIL CENTER Kiosk @ $1,500.00 1,500.00 Trail Map @ $200.00 200.00 Rest Room @ $1,200.00 1,200.00 Picnic Area @ $600.00 600.00 3,500.00 PERIMETER REST AND PICNIC AREAS Picnic Tables, Bike Racks, Benches @ $1,300.00 1,300.00 1,300.00 INTERIOR REST AREAS 3 Areas @ $400.00 1,200.00 1,200.00 OBSERVATION BLINDS 6 Blinds @'$800.00 4,800.00 4,800.00 OBSERVATION PLATFORM 1 Observation Platform @ $1,500.00 1,500.00 1,500.00 TRAIL MAPS, MARKERS, AND PLAQUES 10 Trail Markers @ $50.00 500.00 20 Plaques @ $50.00 1,000.00 2 Trail Maps @ $200.00 400.00 1,900.00 Cost Estimate Bredesen Park Nature Center $20,000.00 Page 2 20,000.00 EXTERIOR WALKING PATH 5400 L/F @ $.70 /L.F. $ 3,780.00 6,000.00 $ 3,780.00 BICYCLE PATH EXTENSION 5,000.00 1100 L/F @ $3.50 /L.F. 3,850.00 2,000.00 3,850.00 PARKING LOT 12,000.00 $30,928.40 30,928.40 LANDSCAPING 25,000.00 400 trees @ $30.00 12,000.00 12,000.00 WELL $20,000.00 20,000.00 ENGINEERING Soils Investigation 6,000.00 Hydrologic Study 5,000.00 2' Topography 2,000.00 General Engineering 12,000.00 25,000.00 PERIMETER BICYCLE PATH $40,000 40,000.00 PERIMETER FENCE $35,000 35,000.00 TOTAL COST: $345,190.90 M E M O R A N D U M MEMO TO: City Council FROM: Ken Rosland, Director Park and Recreation Department SUBJECT: Boulevard Tree Policy �9 (V - C) Please find enclosed the following Information .in regards to the City of Edina's present ordinances and policies regarding boulevard and private trees and also the committee's recommendations regarding same: I. Copy of Ordinances that deal specifically with trees and plantings in the City of Edina. 2. A list of recommended - boulevard trees from the State of Minnesota which we follow although.some of the trees we do not push; however, all are reasonable for us to recommend. 3. A state of Minnesota bulletin and its requirements for control of boulevard trees. 4. A copy of,the City of Edina shade tree removal policy. 5. A copy of those minutes that recommend the payment to the resident regarding removal of a diseased tree. We are recommending that the following policy be adopted due to changes in State policy: Effective August I, 1975, the City of Edina will pay 25 percent of the total cost of removing from private property any Elm tree which is diagnosed by the City Department of Parks and Recreation as being infected with Dutch Elm disease, or.a dead Elm that potentially can harbour the European Bark Beetle or a tree infected with Oak Wilt disease with a maximum payment by the City of $25 per tree. The State of Minnesota will, upon receipt of proper forms from the homeowner and the City of Edina, match the Edina subsidy. Property owners desiring to be reimbursed must have approval from the Director of Parks and Recreation prior to having the tree removed by a private contractor. After a tree is removed by a private contractor, the property owner shall submit the proper forms to the City for reimbursement. 6. A copy of the recommendations regarding boulevard tree policies. CITY OF EDINA SUMMARY OF ORDINANCES REGARDING TREE POLICIES The following is a brief summary of the enclosed ordinances regarding the tree policies in the City of Edina: Ordinance 1211 - Gives the Park Director the control of trees on boulevards and City property. It has been the policy that no Box.Elders or Cottonwoods be planted on boulevards. Ordinance 1212 - Deals with the trimming and.care of.trees and can be done on an assessment basis. Ordinance 1222 -.Is the Park Ordinance which controls the trees on parkland. The City uses the State of Minnesota's recommended boulevard tree list; however, the four most used are the Maple, Green Ash, Hackberry and Linden with the Green Ash being the most popular tree. Ordinance 1035 - Controls diseased trees. (Dutch Elm Disease and also Oak Wilt). This Committee felt that this Ordinance should be , up -dated to also include Oak Disease and other tree diseases. Ordinance should be revised to read "Shade Tree Disease Ordinance ". Ordinance 1402 - Clearview Ordinance. This gives the City the authority to keep plant.ings to a minimum head of 30 feet for safety purposes. ORDINANCE NO. 1211 An Ordinance to Protect the Public Safety by Regulating the Planning and Care of Shade and Ornamental trees and the Cutting of Grass Plots Along Public Streets, Providing for the Issuance. of Permits, and .Prescribing a Penalty. Section 1. Director of Parks to Control Trees. The Director of Parks shall have control and supervision over all trees bordering or overhanging all public streets, alleys, and high ways, and all grass plots bordering public streets, alleys and highways. Tile word "tree" as used herein shall be deemed to include shrubs. Sec. 2. Director of Parks May Order Work Done. Whenever the Director of Parks shall find that any tree located as aforesaid needs trimming, removal, treatment or other care in order to preserve the same in good condition or to protect the public from damage or injury, he shall see that the.necessary work is done. He shall keep an account of the cost of such work. Sec. 3. Permit Necessary to Remove and Trim Trees. No person shall trim, suit or remove any tree which is under the supervision of the Director of Parks, or any part thereof, without first procuring from the Director a permit to do so, or shall exceed the authority conferred by such a permit. Sec. 4. Authority of Director to Issue Permit. Any person yin. nPr,t,it �c rPnttirnd in .l'Friinn 3 hereof shall mike application therefor to the Director of Parks. If in the opinion of the Director the trimming or removal of the trees mentioned in the said application is in the best interest of the Village, lie shall issue such permit, indicating with reasonable certainty the extent of the authority thereby conferred. If'he disapproves the issuance of such permit, the applicant therefor .may appeal from his disapproval to the Council, whose.action thereon shall be final. Sec. 5. Permit to Plant Trees in Public Ground. Any person desiring to plant any tree or trees in any public ground shall make application to the Director of Parks for a permit to do so. If he approves the location and kind of trees, ire shall issue the permit. If he does not . approve such application, the applicant may appeal from his disapproval to the Council, whose action shall be final. Sec. 6. Director to Draw Up Plan. The Director of Parks shall cause a comprehensive plan to be made of all proposed locations for trees on public property, and the type and kind of trees to be planted at each location, provided that no box. elder or cottonwood shall be permitted in any street or public ground. When such plan has been adopted by the Council, all future planting shall be done in accordance with such plan. Sec. 7. Trees Menacing Public Safety to be Reported. Every property owner whose property abuts on a public street shall notify the Director of Parks at once when the condition of any tree thereon or in the grass plot adjacent thereto is in such condition as to be a menace to public safety. Any tree whose branches are closer than eight feet to the surface of any street is hereby declared to be menace to public safety. Sec. 8. Duty of Property Owners to Cut Grass and Weeds. Every owner of platted property abutting on any platted public street or alley, shall cause the grass and weeds to be cut from the line of such property nearest to such street or alley to the. center of such street or alley. If the grass or weeds in such a place are twelve inches or more in height it shall be prima facie evidence of a violation of this section. Sec. 9. Director May Order Work Done. The Director, of Parks shall cut and destroy all grass and weeds growing within the platted limits of any public street or alley when the same are not cut by the property owners as required by Section 8 hereof. He shall keep an accurate account of the cost of such cutting opposite each lot and certify the same to the Village Clerk to be specially assessed against the abutting property. Sec. 10. Penalty. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor, and subject to a fine of not to exceed 5300, or imprisonment for a period not to exceed 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to any other penalty or remedy herein prescribed. 217 �a N :J a ORDINANCE NO. 1212 An Ordinance Providing for the Oiling and Other Dust Treatment of Streets, Weed Elimination from Streets or Private Property, Trimming, Care and Removal of Trees, and Repair of Sidewalks, and for the Collection of the Cost of Such Work as a Special Assessment Against Property Benefited. Section 1. Manager may Order Certain Work Done. Pur- suant to Minnesota Statutes, Section 429.101, the Village Manager. may from time to time order the oiling, sprinkling or other dust treatment of streets and alleys, including mainte- nance work incidental and necessary to such dust treatment, or the trimming and care of trees and the removal of unsound trees within a public. way or boulevard, or the repair of sidewalks, or the elimination of weeds from streets or private property. The order shall state the location and type of work to be done. The Manager shall transmit a.copy of such orde, co the Director of Public Works and Engineering, or in the case of trimming, care or removal of trees to the Village Forester. The Director of Public Works and Engineering or Village Forester shall then have such work done by directly purchasing the necessary materials and employing day labor, or by entering into contracts for such work with private parties. In the case of oiling or other treatment of a street which is divided down the center line thereof between the Village and a neighboring municipality, the work may be done and the cost apportioned as may be provided by a cooperative agreement with the neighboring municipality. Sec. 2. Record of Cost. The Director of Public Works and Engineering or the Village Forester shall keep records of and report to the Village Clerk the cost of such work, including the cost of all such work done on any streets or portions thereof situated beyond the Village boundaries done under a co- operative agreement with a neighboring municipality. Sec. 3. Levy of Assessment. On or before September 15 of each year the Clerk shall prepare an assessment roll assessing all costs of such work reported to him against each separate lot or parcel of land abutting on the streets wherein such work was done, in proportion to the benefits conferred upon such lots or parcels. In the case of such work done pursuant to a cooperative agreement as set forth in Section I hereof, the cost of the work done by the Village shall be spread- against all lots or parcels of land abutting on the Village side of the streets covered by the cooperative agreement. The Council shall thereupon examine such assessment roll submitted by the Village Clerk, and if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with Minnesota Statutes, Section 429.061. All such special assess- ments shall be payable in a single installment, with interest thereon at the rate fi,-:ed in the resolution auorovina the sveciai assessments, but not to exceed 8 % per annum. 219 UHUII\IAI\]Ut IVU. ILLL An Ordinance Regulating Conduct in Public Parks, Prohibiting Certain Activities iand Destruction of or Interference with Park Property and Prescribing a Penalty. Section 1. Destruction, Defacement or Theft of Park Prop- erty. No person shall (a) cut, break, scratch, mark, or in any way injure or deface or remove any building, fence, post, pump, lamp, flagpole, construction work, improvement, facility or any other feature or property in any public park; or (b) post, paste, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree, stone, fence, thing or enclosure in any public park, unless by authorization in writing by the Village; or (c) pick or cut any wild or cultivated flower, or cut, break, or in any way injure or deface any tree, shrub or plant in an), . public park; or (d) carry within or out of any public park any wild flower, tree, shrub, plant, or any newly plucked branch or portion thereof, or any soil or other material belonging in or pertaining to such park; or (e) go on foot or otherwise upon the grass or turf of any public park where a prohibitory sign is posted. Sec. 2. Wanton Conduct; littering. No person shall throw or cast any stone or other object, or aim or discharge any air gun, sling shot or other weapon in a public park except pursuant to the rules of a permitted game or recreation. No person shall throw, deposit, place or leave in any public park or waters therein any paper, rubbish, waste, cans, bottles, grass blades, or refuse of any kind, whether or not the same is offensive to the senses or injurious to health, except in receptacles provided for the collection of waste. Sec. 3. Fires. No person shall (a) start or maintain any fire in any public park, except small fires made by picnic parties in locations designated for the purpose by the Village; or (b) leave any fire made or used by him unextinguished when he leaves the public park; or (c) start any charcoal fire or other fire in a portable container or burner and then leave a public park without having completely extinguished the fire and deposited the aslies or coals from such fire, after they have cooled sufficiently, in receptacles provided for waste; or (d) start or maintain any fire on the ice on any lakes under the jurisdiction of the Village; provided, however, that a manufactured heater burning liquid fuel may be used if a written permit for such use is given by the Director of Parks. body; provided that in areas designated for swimming, girls under five years of age and males may wear only swimming or bathing trunks. Sec. 5. Prohibited Activities. No person shall (a) distribute or display within any public park any circulars, cards or announcements, printed or not, for events other than those sponsored by or with the participation or endorsement of the Village; or (b) place or keep in any public park any goods, wares, merchandise or other articles which interfere with the free use and enjoyment of the park by the public; or . (c) participate in or conduct any band procession, parade or military formation in.any public park without the written permission of the Director of Parks; or (d) promote or participate in an entertainment or ex- hibition in any public park without the written permission of the Director of Parks; or (e) give any public speech or hold or participate in ary rally, convention, assembly or meeting in any public park without the written permission of the Director of Parks which shall be withheld only when necessary to prevent conflict with regular park activities; or Sec. 4. Proper Clothing Required. No person shall appear on any municipal golf course or tennis court or in any:public park unless wearing trOUCCrS, shorts, bathing trunks or a skirt, and also clothing adequately covering, thie upper portion ol' the 223 (f) sell or offer for sale any article in any public park; provided, that refreshments or other articles may be sold by the Village or by persons authorized to do so by the Village; or (g) use any threatening, profane, abusive, disorderly, in- sulting or indecent language, or perform any act tending to a breach of the peace, or play at games of chance, or do any indecent, lascivious, lewd or improper act in any public park. Sec. 6. Parking and Driving Vehicles. No person shall (a) be or remain in, or park or leave any vehicle in any public park between the hours of 12 midnight and 6 a.m., except when the vehicle is moving upon established park- roadways; or (b) drive or park a vehicle on any turf area of any public park not designated for parking or travel. Sec. 7. Animals in- Parks. No person shall (a) take or allow any dog or other animal in or upon any public park, park waters, bird or animal refuge, park building, or skating rink where forbidden by posted signs; or (b) take or allow any cattle, mules, swine, sheep, goats or fowl in or upon any public park or public waters. The prohibition in this section shall not apply to animals kept by the Village or under its direction or with its :;�, ORDINANCE NO. 1035 An-Ordinance Relating to the Control and Prevention of Dutch Elm Disease, and Prescribing a Penalty. Section 1. Declaration of Policy. The Village Council of Edina has determined that the health of the elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm disease. It has further determined that the.loss•of elm trees growing upon public and private property. - would substantially depreciate the value of property within the Village and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Sec. 2. Forester. The powers and duties of the Village Forester as set forth in this ordinance are hereby conferred upon the Park Superintendent. It is the duty of the Forester to coordinate, under tine direction and control of tine Council, all activities of the municipality relating to the control and pre- vention of Dutch Ehn disease. He shall recommend to the Council the details of a program for tite control of Dutch Elm disease, and perform the duties incident to such a program adopted by the Council. Sec. 3. Dutch Elm Disease Program. It is the intention of tbe. CounC1l of Vdi— to conduct a program of plant Pest control pursuant to the authority granted by Minnesota Statutes, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and is undertaken on tlie.recommernda- tion of the Commissioner of Agriculture. The Village Forester shall act as coordinator between the Commissioner of Agri- culture and the Council in the conduct of this program. Sec. 4. Nuisances Declared. The following things are public nuisances whenever they may be found within the Village: (a) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceralocrstis uhni (Buisnnan) Moreau or which harbors any of the elm bark beetles Scolylus rnultistriatus (Lich.) or Hylur ;opinus rujipes (Marsh). (b) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide. Sec. 5. Abatement. It is unlawful for any person to permit any public nuisance as defined in Section 4 to remain on any premises owned or controlled by him within the Village. Such nuisances may be abated in the manner prescribed by this ordinance. Sec. 6. Inspection and Investigation. Stlbd. 1. Annual Inspection. The Forester shall inspect all premises and places within the Village as often as practicable to determine whether any condition described in Section 4 of this ordinance exists thereon. He shall investigate all reported incidents of infesta- tion by Dutch Llnt fungus or elm back beetles. 205 Subd. 2. Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at.any reasonable time for the purpose of carrying out any of his duties assigned hum under this ordinance. Subd. 3. Diagnosis.. The Forester shall, upon finding -con- ditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the Commmissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Conunissioner. Except as provided in Sections 8 and 9 no action to remove intected trees or wood shall be taken until positive diagnosis of the disease has been made. Sec. 7. Abatement of Dutch Elm Disease Nuisances. In abating or ordering the abatement of the nuisances defined in Section 4, the Forester shall cause or order the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Conunissioner of Agriculture. Sec. 8. Procedure for Abatement of Dutch Elm Nuisances on Public Ways or Boulevards. Subd. 1. Whenever the Forester finds with reasonable certainty. that the infestation defined in Section 4 exists in any tree or wood within a public way or boulevard in the Village, lie shall notify the abutting property owner or owners by certified mail of the infestation, and specify therein a time (in any event not less than five days from the date of mailing such notice) in which the infestation shall be sprayed, removed or otherwise treated by such owner or owners. The notice shall also state that if such nuisance shall not have been abated by the owner within tile. time provided, it will be abated by the Village and the cost thereof collected fron the owner under Minnesota Statutes, Section 429.101. Sec. 9. Abatement of Dutch Elm Nuisance. on Private Property. Subd. I. Whenever the Forester finds with reason- able certainty that the infestation defined in Section 4 exists in any tree or wood located on private property outside of any public way in the Village he shall notify the owner of such property by certified mail of the infestation, and specify therein a time (in any event not less than 5 days from the date of mailing such notice) in which the infestation shall be sprayed, removed or otherwise treated by such owner. The notice shall also state that if such nuisance shall not have been abated by the owner within tine time provided, the owner will be charged with a violation of this ordinance for maintaining a nuisance. Sec. 10. Transporting Elm Wood Prohibited. It is unlawful for any person to transport within the Village any bark-bearing, elm wood without having obtainod a permit from the 1= orester. fhe Forester shall grant such permits only when the purposes of this ordinance will be served thereby. Sec. 11. Interference Prohibited. It is unlawful for any Sec. 12. Penalty. Any person, firm or corporation who person to prevent, delay or interfere with .the Forester or his violates Sections 9, 10 or I I of this ordinance is guilty of a agents while they are enoabed' in the performance of duties misdemeanor and may be punished by a fine of not to exceed imposed by this ordinance. $300 or imprisonment for 90 days. Clh/ 1 'y 206 ORDINANCE NO. 1402 An Ordinance Prohibiting Plantings, Structures and all Other Constructions to Clear View at Intersections and .� Other Places, and Providing A Penalty. 1 Section 1. Clear View _ at Street Intersections. On any (c) Official warning signs or signals. property which is located at a street intersection, it shall be s unlawful for the owner or occupant of such property to (d) Signs mounted ten feet or more above the ground and install, set out, maintain, or permit the installation or none of whose supporting members are greater than 12 inches ,.) maintenance of any sign, fence, hedge, tree, shrub, natural in diameter or width. growth, building or other obstruction to a clear view having a } height greater than three feet above the level of the center of the adjacent intersection, within the triangular area formed by Sec. 3. Plants Extending over Road. No person owning - connecting the following' three points: the point of inter or controlling any plantings along public streets or roadways -section of the adjacent curb lines extended, and . a point on shall permit such plantings to extend over the travelled portion of such street or roadway unless trimmed to a minimum height each ad;acent curb line 30 feet from such point of int: _ of 16 feet. section. If there are no curbs, the edge of the travelled portion of the street or road shall be used instead of the curb line. i Sec. 4. Plants, etc., on Roadway. No plant, fence, con- Sec. 2. Exceptions. This ordinance does not apply to the struction or any other obstruction shall be placed on the J following: m boulevard or public right -of -way without perission of the Village Manager. i -� (a) Any building, sign, fence, growth or other obstruction. in existence on. the effective date of this ordinance and not located on a boulevard or public right -of -way. Sec. 5. Penalty. Any person found to have violated any provision of this ordinance shall be guilty of a misdemeanor, (b) Trees with trunks less than 12 inches in diameter and and shall be fined a sum not to exceed 5300, or shall be trimmed to a height not less than eight feet above the level of imprisoned for not to exceed 90 days, or both, and costs of the center of the adjacent intersection. prosecution may be added in either case. 247 ORD11"It".1110E INO. 8123 -Nrl TrE, R-M-10VAL 0-3 &N RErUT,J-.T� • T .L'S WTYLIIIJ Tj�2. M171 P21D PROVIDIU!" A MIALTY REr - .1 Tp L. I % _E CTT-, Dj' T-k, 0 AYj's: 0-,� CITY 01? 17 -11�, I-j'jj-rp—jLS0 U, Purr,,-sne rx.-O. int•nt. The C-1.ty Co=cil havtby t h -a !-- it f,.s --cc--cs-a-ly to p;:otnct tl:e exist in", urbrm f7c;re-3L to orc'.Er I:o proscrv-a pt---otcation, ab itc :'oil ero£ -`Lou and er-d,i,-x.co the nant-uv�al ba-arty c t: "3 C�-'Xy and iiu7C3 thio ord-in-nMeu Jim. the intev-czt off the hem-th, sa'Lety fmd walf,-,za of the rcsi6cuts ef the Ci--!-Y. See. 2. For ti.--,- Y.UrDoEes of thiS ordinaaace, the -1011-m-ring ta-.mc, Saall 111ava tl,a follou."ng de'Un--1Li3r0: Ti-r-,:-- - A vmcdy perarmial pla-at, -v,-Jth 0-Lje Ti7eP r or, •cunk nnai mzny•branche-11, -,--hi6t1 'lias a dia::!,ater of w' an suea��U-..-:ad Cr: a poLat greatc!r s�.7. fAn-cl-i--a "6" -i fouz- fact (4' ) above grol-a' Seco for of T�-oes,- (b) Lfr. -alopea' La-rid All land wit-111-n. the City has to zut Uown or rzzova n1tv t--ea -r,:,w-4.ng on not becin pursuan-1- to 0-rdin-ance 1's=6er 301, z Jz 2 tog^!ther with all "=d uithin Mia Ci-*,-,,,i which has bacill 7- 131,111diVI d: e d bult- f or which no M".ng In e, ..-mit La 3 bainn .3 pu suant to u:--caumca NO. 03. 13,u. a. a E'lza-c--ch C:. Sec. 3. 7- a o F- T, s, o 9 P e -n, t Rrao tv'rvi. • Wil-hcu- A vcm,14- foL, it 810'all be. 1L7-L-3.aw.aE-.'JJ. fo--.- Ezy porson, or c %-;cratioa to remuva o:. Cut down or authQ---.11ze Eh"a cutt-f-lic, do.:;n cr destr-Lic-tion of imy trea growin', 0a und-eveloned le 6 -..,-Lth-.n t1he City. Seco for of T�-oes,- tmpnll 'I. &7y f inka or p2rsoa, to zut Uown or rzzova n1tv t--ea -r,:,w-4.ng on any peroom, Al--',-=�l Or z Jz 2 7- .3 .11N 13,u. a. a E'lza-c--ch C:. of is \. tree 0z t::cs3 crrP.c::rrvad z,-Tj.-j sh--ull t0 n 1: i - z 1 i tl- I L C1 z f, C. 1 .2 a p p C 2 L t a h, J.." U'-A : -k,- . k- 107--ca tro-e to ba cut, Cr r-,-movell witih a md, tF-g.. alUe 2 (b) Ir_:an Lion. Upon re_cint of such w)plicatjon, the City Cie::;: ' shell fog mad i:t:c application to 11h -a City D {; ..ct:o"r of i'arica, ar his dc�iUlzce, Who shell pro.ptly imp ect ouch tree . or ¢zees and incicate oa said appiir_ution: (1) The type: of tree or trees and their approxit —=-te t'.cight:s; (2) The health or condition of the tree or trosa; (3) Whether or rot in his opinion such re:aovrl is justi:fted by reason of: (1) Coon ` 0rest:ry practice; or (xi) x'he poor hce?_th vii a.4nSe :u:;s condit=ion . of t: to tree oL trees; or SCC. K. (iii) Cons t uct� -C,ll or oth41 im.oroievent.3 being y �Jf�'• ^4 ? :i. Prior to C :T14- % .I'.e &;v:l made to tha pzopzsty. tP:ce or t 'ceo puroz cr.r_ ,c a p.am nf-v- i.s !�vad hn::cvrcer, ::1:.a Tine Director of Parl: -., or 1-is ties t Crag, oh-2-11 t:heest* en a plic -oa: r`i::1i p- feet �.]?. c*:he.. t.,eEm is t.i_e 01- tl:a :a to bet for:7azd the F'•pplie .i:2_on to the Dapartm_n t. ?`O \': Cl' `.J;�_! it :s j is :: Gl :"wr :� c1.: _i'l LtiCl: 1)TC_^E'D 1 by of S']Oi; (c) Or Dcn la . Me City Pl e.:'_.' ar Fah �-I.l re•v-`m.?. .*-he ,c' tOgo hex v.-r t:n the - Fepc.'t OS the Direetcr of y - - tho. arlp ica ;im- basect umpon ti-te et-,*, ,.arch 32t - fo ::t:il ill - s l 4 (b) (3) abo ve - T:T..ill tlie and . thl4;r y:-Xr �tCo? r int -f--mt Of thie ort-!i.. ii SzL .£ fl-T1 Section 1. If tha i pp 1 i cat:i a L3 del ed by t=he 'vity Plrxm3r, nos .'_Ce of Sue =t ac., - -_O spec,. i• n th:2 date taera- ' of, t:c-:e her with t..;.` zeeser ; therefor, shall be rmiled to S„3 e p l = at t ?,,. add- s epr *.rl "in 3!4'il n plj. tion. t f cppr:-vad, L.kc City P t �.� me'r Shall insuct ti=p pseri�,Yt t to the aopI:pL(:mit. } (d) i ? :^': t' :..ri:9 .i.!. ^7 ^,•, .. ,r-cii �i)5�9 T'- " "::?l.:l :�� ir pi :2Ti'b6 C'6LA 4.P.fi �n� �lar�L:� r�ie .^ :� -cs: c::;::'_: �•� r : :ad��ha; c�-r i.te E1 (-5 f :� ? G ¢ LtCTt �!1 :5 n e to ---t:. In the G.'.ant e t" j_n - r iY' o -dlcr to e z ^b?c the applicant i to C'x- j o'i1: P.,. -mC p-ro jt ct o% t• Q._ t:., e y such shall ija E:?" ?:::n"' tiV3' OTA Y in C:r_•mect::iCm vi411 the actual acco -lpl _s`r_v :nt of said pro cc-,. SCC. K. [ZC''.iitl r?`Irrr_i *C,;., �'�O��tC y �Jf�'• ^4 ? :i. Prior to C :T14- % .I'.e &;v:l or, razov inn any tP:ce or t 'ceo puroz cr.r_ ,c a p.am nf-v- i.s !�vad hn::cvrcer, ::1:.a a plic -oa: r`i::1i p- feet �.]?. c*:he.. t.,eEm is t.i_e 01- tl:a :a to bet ?`O \': Cl' `.J;�_! it :s j is :: Gl :"wr :� c1.: _i'l LtiCl: 1)TC_^E'D 1 by of S']Oi; fens ill- 0 f :L 1: ;aii; -bl.e an.A —U c:.. ,c' rdivarce Fo. 823 P.ige 3 See. b. l:ui7.r-i-?nf, :'n�:.it:s WYthl,ct -d. No buildia, pe:;ait 01ail he i i. qucd ptr'_8u1i11t to 0 =:.1 .1 r: ace No. 403 which iio ld Gj:,:Ect =developed ltmd Vil-i:1.11 the City unlaes the �.ppl:�cant the:''cfor shall have f13.ed i;lGh the fai;N4-rg O_ft- c�ial eit.11ar r p• ::L:it 13cu�d hares -:der or appl:ictmt'a w�:it: tan c.::tif_ica i.en 1- - if such bui'cinl- penait is gram --cd, the work- thexcin ezuthorised will n«t require the cutttig do-cm or re oval of erSy tree gro Iirg F.- .thin the City. Olt, Sec. 7. AU'• c lc to GcY. 1c9_? . I' my applicant [,ho 6ea---,3 L,4=,al.:. ap. -rie ed by an alle�,,ad r::zaL in any order, :'cquizement, d ccic'`ou or d- etcr -- •at :mach `r 1'C City pl •.� nr 'tl `n c".L�: �'i�°J tY;21: {(;;i this � li.'�Tl:r C:l �.�.�.. 5•� t.. ,^.a.�1,._ ��..��Di r-ILy d?ippeu.i fG tile City C_vmic it is the fol s:zin r er: (a) The spp15_cnnt, v it b''n thirty (30) days Gf o^y ouch order, rcq�:i;.a. eat, decisio. or c`ct:c:� lw ti:..., shall tilt: a W:.'l.t:tcn r=pea.. vith the City Uz_k setting forth tba rx-tion b4xng appe.�l.led azid the fecto ve1e1: is, th4reto, md- the address of rip ions. (b) The City Cminc-_12. at in next regular Landing site°; rccaipt,: by 01-_ Cat;* Clerk of Ouch epreal. slm'll set a date o;. hcsrj:eg the -con, %faich Liin!1 be mot lacer than Q_i t:y (60) days the niceting. - A Motive of 2h- cage, ts' ne, pl a,_ <.~ d purpoOe ct i:hc t��':_�ii 3? s ?ht>I1 be publiah ld ii. ti:e ox's=: cia ; 61 tile City at. lcazjt tan (10) day3 pi::Loa7 to hal 1 earin-. _ ft ar hearing oZ c1 i the Cotmcil cha.:i'I make its deci cicn at the cama- os e specified uture rzzat:'iw- thereof. Sec. 8. tma +:l&mnta to A;v)-- .-icataon. The r- m3licent nay merd I115 ap?lication co as t o th r•c a � e ri-Lzn :cr of trees to by r.emo ad at aay prior to-final det:C'?"i_:�.T'_ t ion of oil appeal by the Ci t�' Council, nd tim City � F pj�i . C3t'L C1 a[, iflc c^i �. £l2� CCi 3.'G r iil� d'�.� C° £l y appeal . 3 °? 11 Q� h : amend d. Sec. 9. 111le pnrovisicns of t-hia arc `r.anes n1mil not ,111 V 17 to a) The re mo re:1 oP t trc -cC by or at the d:irect:yoz cif tiiu the C:_Ly of or any or ofUcial t`!Creoi; {1)) 11c :e:_ov�:l of preen pur.quant to Cvdinn. ce 1-1-0. 1035; rk . (c) 1i:e re -mowl of trcea pursuant to en App -mvad flan under Ord--' -,Ica No. 817. Sec. 10. Violation of nl:i c ord: a^.:: --w:3 8h8111 be a r 8-• t!.r zn Or pt:uishable by c. .:�?re .oc to e:cced _-o-z .•r^ e i.1.7.c� ally movcd or Off' 1, '? fo'. not rr- -re t -an nc:n.. ;_Zty �13� day `` , of b0:: , d iu r_Cd:_tion p—n- 2miit ok aJ.: cCsts of pvog4 ntzz�.on L'42d1 1. Or(iiranCe No. -04..3 Pag-c 4 e"enocs involved in the case. Violation tvere-of ohall also be grotmds for rc-vocation or r3T_3penISion of any par-mit . granted Loy the cons: ruc�."on or remodaling of buildings or for t :o subdi_.ision of land. Sec. 11. This crdi.v:-nca chall be in full force and effect from and upon its pa53l.;e :^d puJ12'.0 .atiOn. First l,esdi�� I'tarch 3.5; .1974 Sccon.s ' ,2cding: .:-;ril ?, 1974 Publishad in L'ac Edina Sun on April 4, 1974. Mil .; . Nayor AT GVo City -Clerk P y� ORDINANCE NO. 1201 An Ordinance Defining Offenses Against Public Property, and Places and Prescribing a Penalty. Section 1. Violation a Misdemeanor; Penalty. The violation of any of the sections of this ordinance by any person shall be deemed a misdemeanor and shall be punished by it fine of not more than 5300 or by imprisonment in the Village or county jail for not more than 90 days, together with the costs of prosecution in either case. The violation of each section hereof shall be deemed a separate violation, each to be deemed a separate misdemeanor. EXCAVATIONS AND CONSTRUCTION Sec. 2. Excavations to be Guarded. Every person who shall have charge of the construction of any excavation or obstruc- tion adjacent to or under any sidewalk or street shall during the progress of such work cause such excavation to be securely guarded by a fence with at least two strings of good six -inch boards nailed not less than eighteen inches apart to posts securely fixed in place; such posts shall be riot more than six feet apart, and the top of the highest post shall be not less than four feet and a half from the surface of the sidewalk or street, and from one -half hour after sunset to one -half hour before sunrise shall be illuminated such excavation or obstruc- tion with red li:llts sufficient in number and so placed as to show the full extent thereof. Sec. 3. Removing Barricades. No person shall remove, throw down, run over, or interfere with any barricade or barricades lawfully directed, placed to guard and protect any grading, paving, sidewalk construction or other work. Sec. 4. Injuring Uncompleted Construction. No person shall walk upon, drive or ride over or cross any pavement in course of. construction before the same has been opened for public travel, or over or across any uncompleted grading, or sidewalk construction which has not been opened for travel. Sec. 5. Encumbrance or Obstruction of Streets and Other Public Grounds. ' ment of the cost of removing an encumbrance or obstruction, cause the person who created it to be punished for a misdemeanor hereunrior (b) The following exceptions are hereby established to subsection (a): (1) Accumulations of snow and ice removed from adjacent streets and drives may be deposited upon those portions of such grounds, streets or easements not used for travel. or for access by the public or the Village. (2) Vehicles may be parked in the manner and to the extent permitted by Ordinance No. 1401 (Traffic and Parking Ordinance). (3) Driveways may be cut and surfaced, provided they do not exceed a width of 25 feet and their location does not violate any ordinance of the Village. (4) Trees and shrubs may be planted in public road easements, or in public streets, boulevards, alleys and highways when permit has been obtained therefor under Ordinance No. (5) Portable or easily removable signs of a temporary nature and for.temporary use and not exceeding 6 square feet in area may be placed on the untravelled portion of a street betv en the curb and property linerea' (6). Trees and shrubs may be planted, and fences may be erected, on land which is subject to an easement for public utility purposes and is not also subject to any easement for public travel or highway purposes. (a) Except as provided in subsection (b) hereof, no person shall obstruct, encroach upon, encumber or otherwise interfere will, any public grounds, or streets, or easements held by the Village for street or utility purposes, by putting thereon ally curbing, paving, fences, buildings or other structures, or planting thereon any trees or shrubs, or depositing thereon any other .platter. The prohibition herein stated shall apply as to any easement to the entire width or extent thereof, and not just to the portion which may from tine to time be in public use for travel or other purposes. Any such obstruction, etc., is hereby declared to be a nuisance, as stated in Minnesota Statutes, Section 609.7411he Village play cause ally encum- brances or obstructions which now exist or hereafter nlav exist in violation of the provisions hereol" to be removed and the cost thereof to lie specially assessed against the property owned by the person who caused such encumbrance or obstruction to be created. When so assessed, the cost shall be certified 'to 'the county auditor for collection, and sliAl`be included in the next tax rolls to be prepared by the county auditor. The Village may also, notwithstanding such assess - Si%a 213 Sec.6. Placing Objects in Streets. No person shall place, throw or dump, or cause to be placed, thrown or dumped on any street, alley, sidewalk or other public roadway or highway (a) any grass cuttings, papers, trash,.oil,.gasoline or other combustible material, or (b) by mechanical means, any accumulation of snow or ice, or (c) any glass, tacks, nails, bottles, cans or other substances or things that might wound any person or animal, or cut or puncture any pneumatic tire. No person shall haul over the streets or alleys of this Village any loose material of any kind, except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of any of the substances therein contained upon said streets or alleys. SIDEWALKS. Sec. 7. Obstructing Sidewalks. No person .shall leave or allow to be left any inlplenletrts, tools, boxes, nlcrch:indise, goods, trash, cans, crates, corn poppers, peanut roasters, ice cream containers, advertising or show cases on any sidewalk or other public way longer than is necessary for loading or unloading the saute. Sec. 8. Maintaining Sidewalk Level. No. owner of any property having a sidewalk adjacent thereto shall permit any plank, brick, stone, or segment of said sidewalk to be raised above the established level of said sidewalk more than one -half inch, in any manner which might catch the foot of a pedestrian, or shall permit any holes or depressions to.occur in the sidewalk in which a pedestrian miQltt step or catch his foot in a manner liable to cause injury�,/rL;�i.a�e. �`'�•�' Sec. 9. Deposits on Sidewalks. Whenever_any_ lot, or .piece_ _ of land abutting on any sidewalk shall become or remain in such a condition that earth or other substances therefrom accumulate on such sidewalk, and the owner of such lot or piece of land shall refuse or neglect to place the same in such a condition as to prevent such washing or accumulating on such sidewalk, such owner shall be guilty of a misdemeanor, and each day that such owner shall refuse or neglect to abate said condition after notice from the street conttnissioner shall constitute a separate offense. Sec. 10. Interference with Sidewalks. No person shall loosen or remove any plank, brick, block, or support from any sidewalk, cross walk, curbing or gutter. Provided, this section shall not apply to persons making repairs on any sidewalk, gutter, curb or crosswalk, or any person temporarily removing- the same on account of building operations. MISCELLANEOUS Sec. 11. Willful Destruction of Public Park Property. No person shall willfully and without authority cut, pluck, or otherwise injure any flowers, shrubs, or trees growing in or around any public park, or other public grounds of the Village or shall willfully injure or destroy any stand, bench, or other property situated on such park or ground. Sec. 12. Interference with Public Sewers and Culverts. No person shall willfully injure or destroy, or attempt to injure or destroy, any public sewer or culvert, or shall molest any sewer or culvert, or any part of said sewer or culvert, by removing the cover of any flush tank, manhole or other part of said public sewer system or culvert, without. authority so to do. Sec. 13. Restriction on Awning. No person shall construct or install, or cause to be constructed or installed, any awning which is supported iii whole bi in -part by "posts or otlfcr-- supports set into the sidewalk or street. Sec. 14. Height of Hedge Fences. No person owning or controlling any hedge fence bordering on . any street or sidewalk shall permit the same to grow to a height of more than three and one-half feet. Sec. 15. Hitching and Picketing Animals. No person shall hitch any animal to any lamp post, hydrant, water trough, drinking fountain, shrub or shade tree, or picket an animal in any of the streets, alleys, parks, or public grounds. of the Village. Sec. 16. Defacing Public Property. No person shall cut, carve, mark, etch, or engrave any character, figure, letter or name upon any building owned, occupied or used by the Vil lage, or, shall in any manner mar, deface or injure any trees, shrub, plant, vines, or any other public property in, on, or around the grounds upon which such building is situated. 214 e �.v•1 AND OF QUALITY FOODS STATE OF MINNESOTA DEPARTMENT OF AGRICULTURE STATE OFFICE BUILDING SAINT PAUL, MINN; 55155 RECOMMENDED BOULEVARD TREES gyp;_ FOR MINNESOTA Sugar Maple (Acer saccharum) Native maple that does well in :sheltered areas on fertile loam soils. Brilliant fall colors. (A- U.maples are subject to sunscald.) 2. Red Maple (Acer rubrum) Native maple that does well on sandy soils where there is sufficient moisture. Red flowers in early spring. Autumn leaves: yellow or brilliant scarlet. Cultivars include "Autumn Flame," "Bowhall," "Columnare," "Scanlon," and ."Schlesinger." 3. Cleveland Norway Maple (Acer platanoides "Cleveland ") This �.:..t.tree has a dense, compact, conical form, and a good dark green foliage. 4. Summershade Norway Maple (Acer platanoides "Summershade ") This tree has heavy textured green leaves. Has upright habit and is reported to be resistant to windburn_ 5. Emerald Queen Maple (Acer platanoides "Emerald Queen ") This is a vigorous growing tree with beautiful form and foliage. 6. Schwedler Maple (Acer platanoides "Schwedler ") Leaves are bright red when young and turn dark green after a few weeks. 7. F.ackberry (Celtis occidentalis) This tree is.one of the hardiest and most drought- resistant of the larger trees. Symmetrical form, corky bark and light green foliage help to distinguish this tree. Subject to nipple galls on the leaves and witches broom on the twigs. 8. Summit Green Ash ( Fraxinus Pennsylvanica "Summit ")_ Cultivar of native green ash. Kno;an for its straight trunk, symmetrical form, and is seedless. 9.' Marshall Seedless Ash (Fraxinus Pennsylvanica "Marshall ") Cultivar of native green ash. Seedless, with slightly broader growing habit than "Summit." Excellent foliage. 10. Imperial Locust (Gleditsia triacanthos "Imperial °) A thornless and seedless selection.of native honey locust. Has graceful, spreading branches that form a broad symmetrical tree. ENJOY THE HIGH QUALITY AND INFINITE VARIETY OF MINNESOTA FOODS Page Two RECOM14ENDED BOULEVARD TREES FOR MINNESOTA lle Skyline Locust (Gleditsia triacanthos "Skyline ") A thornless and seedless cultivar of honey locust, pyramidal form with uniformily spaced wide angled branches with dark green foliage. 12. Moraine ,Locust (Gleditsia triacanthos " Moraine ") Thornless and seedless cultivar of honey locust. Wide spreading, fast growing, and rather vase shaped. 13. Sunburst Locust (Gleditsia triacanthos "Sunburst ") Distinctive and attractive with growing tips of golden color. For lawn specimen and light shade. Seedless and thornless. 14. Shademaster Locust (Gleditsia triacanthos "Shademaster ") Straight strong trunk. Symmetrical form. Rapid growing, drought resistant, thrives under all conditions. 15. Basswood (Tilia a.Tmericana) Native tree that is adapted to a variety of city - conditions. Large leaves and fast growing. - 16. Littleleaf Linden (Tilia cordata) Dense headed, pyramidal tree. Small heart shaped leaves, lustrous above, pale beneath. 17. Greenspire Linden (Tilia co_rdata "Greenspire ") This selection of the littleleaf linden has a straight trunk and a uniform, c l_ crO, -m :-:ith small d_-::'_z =r on leaves C-nd Lra= granc_ when in bloom. 18. Redmond Linden (Tilia euchlora "Redmond ") Cultivar of the Crimean linden. The tree has a symmetrical, pyramidal form when young and develops into a sturdy tree with a compact crown. Glossy, bright green foliage. 19. Ironwood (Ostrya vircriniana) Native tree which forms a symmetrical medium sized tree with dark green foliage that turns yellow in the fall and clings to the tree well into winter. The hop -like fruits add further interest to the tree. 20. Ginh2o (Ginkgo biloba) Usually narrow and upright, sometimes spreading, leaves fan - shaped, two - lobed; fruit plum-like and ill- smelling; plant the male tree only. 21. Pin Oak (Quercus oalustris) Upright tree with.slender drooping branches. The leaves are many lobed, sharply pointed, and turn red in the fall. Contact your local nurseryman for recommendations pertaining to your local area. He is acquainted with specific problems that could exist there. #917 Division of Plant Industry 8 -73 AND OF QUALITY FOODS STATE OF MINNESOTA DEPARTMENT OF AGRICULTURE STATE OFFICE BUILDING SAINT PAUL, MINN. 55155 REQUIRED PROGRAM FOR DUTCH ELM DISEASE February ll,. 1974 CONTROL IN MUNICIPALITIES The following is a required Dutch elm disease program that must be in force and actively pursued by July 1, 1974. In the event of failure to implement a program, the Commissioner.of Agriculture is required to act and to enforce_a program as provided in Chapter 18.022, Subdivision 7. -A Dutch elm disease program must include controlling the disease on both public and private property. This can be accomplished by the adoption of a tree ordinance or amendment of an e��isting nui- sance ordinance with specific provisions for Dutch elm disease. TREE INVENTORY 1. A tree inventory must be made to determine number of elms and other species on'both public and private pro- perty. This should be a permanent record and should be reported to the Department of Agriculture. SANITATION Sanitation is the major element in any Dutch elm disease control program because it is needed to eliminate elm bark beetles, diseased trees anO dead or weakened elm wood arising from any cause. This -must include trees on private property. 1. Prior to April 15, check all alleys and yards for elm wood or logs that could serve as bark beetle breeding sites and require removal, or de- barking if wood. is to be retained. 2. Check all elm trees at least twice during the growing season (by July 1 and August 15) to look for Dutch.elm disease symptoms. 3. Remove (burn,' bury, or chip) diseased or dead elm trees or any above ground parts thereof within 20 days. ROOT GRAFT CONTROL 1. Use Vapam (SMDC) or trenching to prevent root graft spread of Dutch elm disease. Trees closer than 50 feet are likely to be grafted together. (over) EQUAL OPPORTUNITY EMPLOYER RECORDS 1. Keep records of the number of diseased trees and trees removed. Also, records of samples sent in for diagnosis and results whether positive or negative. Records are essential to the evaluation, follow -up and enforcement of control measures. SUGGESTIONS 1. Keep local citizens informed about status of control program, number of cases, etc. Ask their cooperation in reporting disease. 20 Provide information on proper methods of disposal -- where wood can be dumped, buried, burned, chipped, etc. 3. Request citizens not to keep elm for firewood since it can harbor elm bark beetles. Only de- barked elm wood is safe to store. 4. Prepare brief annual summary - make available to citizens, news media, etc. 5. Sources of information - Detailed information and recomen- dation on tree planting, chemical application and use of vapam are available from the University of Minnesota, county extension offices, and Minnesota Depart.meiilc u Agriculture. Information on legal procedures and model ordinances - League of Minnesota Municipalities. Specific details concerning the required programs for Dutch elm disease are available from the Minnesota Department of Agriculture. AGR 14 5C 2/74 The Commissioner of Agriculture further declares that he will exercise additional authority granted in Chapter 18 of Minnesota Statutes, to install an adequate Dutch elm disease control program and assess the full costs to any municipality that fails to meet the July 1, 1974, deadline. It is not the intent of the Minnesota Department of.Agriculture to impose programs that cannot be justified, but to insure that.every municipality carries out a program that is of maximum benefit to the community. The Department pledges its cooperation and assistance to all municipalities. Yours truly, Rollin M. Dennistoun, Ph.D. Department - Administrator RD:dw Encs. Questionnaire: Dutch Elm Disease Control Program Required Program for Dutch Elm Disease Control in Municipalities CITY OF EDINA DISEASED SHADE TREE REMOVAL POLICY 1. -.Call comes to the office reporting a possible diseased tree. I1. Forester will sample diagnose or field diagnose the diseases. a). If it is field diagnosed, the 20 day waiting period starts immediately ..and the subsidy package will be given to the resident at this time. b). If it is sample diagnosed, the 20 day waiting period begins when the resident is notified of positive results,. These results are normally reported personally by the forester. At this time, a subsidy package will be issued as well. 411. Tree Removal - . =:a). If the tree is removed immediately, they will submit the proper forms for payment to the City. - _b) . If the tree is not removed within the 20 day waiting period, the proper steps established in City .ordinance 1035 will be taken and no sub - sidies will be granted to the resident. IV. Once the forester receives the filled in AGR #37 form from the resident, the local and state subsidies will be figured and the residents name will go on the AGR #38 form. V. The AGR #38 form will be completed and sent to the state department once per month for payment. VI.. The. checks will then be issued to the proper residents. 176 7/21/75 I I W.E. JOHNSTON, HYDE PARK DEVELOPMENT COMPANY LETTER 7/7/75 NOTED. Mayor Van Valkenburg stated he replied to Mr. Johnson's letter regarding zoning, informing him that the State law applied to cities of the first class. No action taken. M.P. JOHNSON'S PROSPECT 'HILLS 3RD ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Luce presented M.P. Johnson's Prospect Hills 3rd Addition for final plat approval as recommended by the Planning Commission. Advised that the developer's agreement. is satisfactory to. the Engineering Department and no objections being heard, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION APPROVING M.P. JOHNSON'S PROSPECT HILLS 3RD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled M.P. Johnson's Prospect Hills 3rd Addition, platted by Barron and Associates, Inc,, a Minnesota Corporation, fee owner, and Melvin P. Johnson and Helen E. Johnson, husband and wife, mortgagees, and presented at the regular meeting of the Edina City Council of July 21, 1975, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt; and on roll call, there were four ayes and no nays and the resolution was adopted. McCAULEY HEIGHTS 5TH ADDITION FINAL PLAT APPROVAL TABLED INDEFINITELY. Mr. Luce informed the Council the developer was unable to complete his developer's agree- ment, and recommended the plat be tabled until the documents are completed. Councilman Courtney's motion McCauley Heights 5th Addition.final plat approval be tabled indefinitely was seconded by Councilman Richards; and on roll call, there a four ayes and no nays and motion carried. DUTCH :ELM REMOVAL POLICY ACCEPTED.. Mr. Hyde recommended the following policy regarding diseased.Elm trees: Effective August 1, 1975, the City of Edina will pay 50 percent of the total cost of removing from private property any Elm tree which is diagnosed by the City Department of Parks and Recreation as being infected with Dutch Elm disease, or a dead Elm that-potentially can harbour the European Bark Beetle, with a maximum payment by the City of $50 per tree. Property owners desiring to be reimbursed must have approval from the Director of Parks and Recreation prior to having the tree removed by a private contractor. After a tree is removed by a private contractor, the property owner shall submit a true copy of the contractor's bill to the City. The City may, if circumstances permit or require, remove any such trees with its own forces, in which case the City will bill the property owner for one -half of labor, equipment and disposal costs incurred by the City. If the total cost per itree exceeds $100, the property owner will be responsible for paying all costs over that amount. Mr. Courtney moved the above policy be accepted, Councilwoman Schmidt seconded; and on roll call, there -were four ayes and no nays and motion carried. BLOOMINGTON.ANNEXATION CONTINUED. Because of the objection of Bloomington property owners, Mr. Hyde reported that a meeting had been held with City Manager of Bloomington to discuss the possibilities of other pieces of property with fewer problems of equivalent value. Mayor Van Valkenburg commented that the municipali- ties were attempting to keep the trade as equitable as possible from a tax stand- point, projected use, etc., and suggested the matter be held until Bloomington reports. LANGUAGE AND ORDER OF BOND ISSUE QUESTIONS APPROVED., Mr. Hyde advised the Council of language relating to $2,950,000 General Obligation Park Bonds as recommended by the City Attorney for the special election proposed to be held September 4, 1.975. After discussion of the language and order of the questions, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION DETERMINING THE NECESSITY AND EXPEDIENCY OF ISSUING GENERAL OBLIGATION PARK BONDS AND CALLING A SPECIAL ELECTION TO VOTE ON THEIR ISSUANCE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. On the basis of recommendations received from the Park Board and the-open Space Committee of the.City and upon investigation and consideration of the matter by the Council, it is hereby found and determined that it is necessary and for the best interests of the City of Edina and its inhabitants to issue its general obligation.bonds in the amount of $450,000 for the purpose of acquiring "open space" land within the corporate limits of the City to be preserved substantially in its natural state for recreational use, to issue its general obligation bonds in the amount of $500,000 for the purpose of acauirinP various lands within the rnrnnrata 11mi rc nF rho ri t— r., ) 4--i.. el f CITY OF EDINA RECOMMENDATIONS REGARDING BOULEVARD TREE POLICIES The staff committee comprised of Bob Dunn, Gordon Hughes, Bob.McGuire the City Forester, Ken Rosland and Fredrica Kautz met and discussed the present tree policies. The following four questions were the major items for discussion: I. Should boulevard trees be encouraged? 2. If so, where should they be planted on the boulevard? 3. Should the City be involved in a subsidy program? 4. If so, to what extent should the City be involved? I•n answering the first question the committee felt that boulevard trees were an asset to the community and that we .should encourage boulevard plantings. Discussion was held on damage to curbing and.it was felt that trees were some 40 to 50 years old before the roots were large enough to cause damage to concrete curbing and generally this is about the same time that curbs usually have to be replaced. It was felt that trees do enhance and add to property values., The policy recommended for the placement of the trees is that they should be spaced at a minimum of 50 feet. The trees should be planted no closer than 3 1/2 feet to the curb thus allowing for future sidewalks if such was to occur. However, there are many places in the City of Edina that these ideal conditions do not occur. The policy would then-be to plant the trees centering them between the sidewal -k and the curb. -After much discussion, the committee: recommended the foI,Iow+ng po.Iicy -regardin.g subsidizing: Recommended the City be involved in a subsidy program for only replacement and that replacement could be due to any circumstances whether W be. disease, storm damage, etc. The replacement would be done by the City and would use mature trees of approxi- mately 3 -:I/2" grown in a City:owned nursery. Res "idents would pay for the - moving costs of that tree which would be set every year dependin6 on labor and equipment costs. Also the trees must be ab.le to be planted by the tree spade. .lf this could not be accomplished by tree spade then it would be the owners responsibility for his own planting. The cost to the City would be the original cost of the tree and its cost of looking after the nursery,during this.time.. All other trees planted. on a first time basis would be solely the responsibility of the property owner. The staff feels that we-can handle and do have some trees available at present -for replacement on the boulevards;,however, there is no way the City, with. the present staff, could handle a city wide boulevard planting program. To the best of my knowledge, there has never been a tree planted on a boulevard in respect to private homeownership that was sponsored by City funds. The staff.feels that the City can manage the nursery and amount .of trees needed within the present budget dollars. There is an available $2,500.00 to stock the nursery from Community Development funds as well as some $3,000.00 in the park fund. TO: FROM: SUBJECT: ro Ken Rosland, Acting City Manager .. Tom Melena INSURANCE BID AWARD On Wednesday 18 February, the City opened bids for our insurance packages. i The tabulations are attached and as such has required a great deal of study. After careful analysis and taking into consideration the city's past claim experience (see attached copy) it is felt that the city should look toward a retrospective plan. A plan such as quoted by Employers would be as follows; 171,215 20,582 13,020 8,900 $213,717 Maximum premium, workmens compensation, auto and general liability Not subject to retro Umbrella coverage Liquor liability Maximum annual premium possible The above figure would be the maximum premium that could be paid, on the other hand, if the City has a low claim rate (as it has had this year).we could end up saving as much as $71,267.00. I would realistically expect that the City would have losses of no higher than $69,529 (407.) and more than likely no higher than $52,147 (30 %) in the first case the total premium paid by the City would be $192,718,in the$econd case a ,total of only $169,374 (if we would have had this insurance this year the cost .would have been $142,450 or a projected savings of $71,267 of comparable rates) Loss Ratio Possible total losses Premium 18.4% 31,983 99,948* 20 % 34,764 103,528* Rate Quoted 30 % 52,147 126,872* 40 % 69,529 150,216* 49 2 85,173 171,215* *20,582 Not subject to retro 13,020 Umbrella 8,900 Liquor Liability $42,502* Must be added to these premiums to come up to the following totals. Loss % 18.4% 142,450 20 % 146,030 Total Cost 30 % 169,374 To City 40 % 192,718 49% 213,717 I would realistically expect that the City would have losses of no higher than $69,529 (407.) and more than likely no higher than $52,147 (30 %) in the first case the total premium paid by the City would be $192,718,in the$econd case a ,total of only $169,374 (if we would have had this insurance this year the cost .would have been $142,450 or a projected savings of $71,267 of comparable rates) The City more and more is-entering the self insurable field, but as a result we also have a better chance of paying less premiums and saving more money. . Considering that we are in effect controling our own destiny the 'Loss results are up to us. Therefore, I would recommend the following awards Bonds - BHK&R at $1316.00 Liquor Liability - Chandler Lang Agency at $8900.00 Auto, General liability - Employees Insurance at maximum of $213,717 Workmens Comp. (Probable rate of $169,374) COMPREHENSIVE GENERAL LIABILITY Premium Paid % Losses 1973 -74 21,000 59% $12,390 1974 -75 24,000 36% 8,640 1975 -76 24,000 16% 3,840 WORKMENS COMPENSATION 1970 -71 28,000 3470 .9,500 1971 -72 35,000 83% 29,000 1972 -73 38,000 210% 79,000 1973 -74 49,000 66% 32,000 1974 -75 72,000 93% 67,000 1975 -76 55,000 4% 72,200 . Possible year end figures (72,000) (11 %) (8,000) Chandler Lino 3 i� Loss or Under 20 Loss Net Prem. 83,008 Auto c, G.L. c/0,000 73,008 May. �x. 201, 311 Maus -u 30 Loss 20 Loss Retro D I :ret Prem. 126, 872 103,528 Iiot Subject 42,000 42,000 Metro Pren. ? 8,872 145,528 Max. 213,719 j;ausau 30 Loss 2Q% Loss Retro r lTet Prem. 78,319 65,309 Auto w G.L. 87,000 87,000 165,319 152,309 I -Tax. 208,93 5 18;, Loss 173,008 18` Loss 99,948 42,000 141,948 18'il,, Loss 62,000 87,000 149,000 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS INSURANCE AND BONDS BIDS CLOSE FEBRUARY 18, 1976 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 a.m., Wednesday, February 18, 1976 and the Edina City Council will meet at 7:00 P.M., Monday, February 23, 1976, at the Edina City Hall to consider bids being for the following:. 1. Employee blanket bonds 2. Comprehensive - Automotive equipment 3. Comprehensive - General liabilities Bids must contain a complete description of the coverage to be provided, . giving the name of the Insurance Company writing the policy, which company must be authorized to do business in the State of Minnesota with the approval of the Commissioner of Insurance. Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424,1 and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set..for receiving them may be returned unopened.. Bids must be in conformance with specifications which are available at the Edina City Hall. No bids will be considered unless sealed.and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount`of net bid. The City Council reserves the right to reject.any or all bids or.any ;par.t.of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Please publish in the Edina Sun on February 4 and 11, 1976.. Please send us two Affidavits of Publication. 1973- 1974 Auto, General Liability, Workmans Comp Losses 1973 -76 Total Premium Paid 70,000 1974- 1975 96,000 1975- 1976 79,000 (96,000) Total % Losses 63% 75 (4CP%) 6.3% (10%) Cash Losses 44390 75640 (38640) 6040 - (11840) . Home Insurance Company Wood - Nelson Company. 1 Year 66.00 '751.00 122.00 18.00 957.00 Ohio Casualty Group Employers Insurance Company 3 Years 187.00 2,146.00 304.00 54.00 NO BID 2,691.00 RECOMMEND BID AWARD TO; BRANDOW, HOWARD, KOHLER & ROSENBLOOM INC. 3601 Park Center Boulevard, St. Louis Park, MN. AT LOW BID OF $1316.00 FOR 3 YEARS. T ,c EMPLOYEE BLANKET BONDS. Honesty Bond Honesty Bond Bond Bond Assessors, Total DO DO NOT _ Police All Employees Treasurer Clerk All Bonds Investigate Mutual Agency Inc. Class A Employees 1 Year $ 41.00 $ 508.00 $ 92.00 $ 9.00 $ 650.00 x Wolverine Insurance Company Underwriter _ 3 Years 108.00 1_,332.00 276.00 24.00 1,740.00 Roger Hennessy Agency 1 Year 100.00 787.00 191.00 20.00 each 1,178.00 (100) x St. Paul Fire and Marine 3 Years 250.00 1,968.00 517.00 50.00 each 2,985.00 (250) Home Insurance Company 1,097.00 BHK&R 1 Year 34.00 387.00 87.00 14.00 522.00 American Casualty Company 3 Years 79.00 966.00 233.00 38.00 1,316.00 Chandler -Lang Agency 1 Year 1,097.00 Home Insurance Company Wood - Nelson Company. 1 Year 66.00 '751.00 122.00 18.00 957.00 Ohio Casualty Group Employers Insurance Company 3 Years 187.00 2,146.00 304.00 54.00 NO BID 2,691.00 RECOMMEND BID AWARD TO; BRANDOW, HOWARD, KOHLER & ROSENBLOOM INC. 3601 Park Center Boulevard, St. Louis Park, MN. AT LOW BID OF $1316.00 FOR 3 YEARS. T ,c Mutual Agency Inc. Roger Hennessy Agency Home Insurance St. Paul Fire & Marine BHK&R Chandler -Lang Agency U.S.F.&G. Wood - Nelson Company Home Insurance St. Paul Fire & Marine Employers Insurance Company COMPREHENSIVE- AUTOMOTIVE EQUIPMENT (PHYSICAL DAMAGE) Comprehenvisve Auto Fleet $0 Deductible General $3,000,000 Mobile Equipment-. Automobiles Total Liquor Liability Liability Umbrella TOTALS NO BID $ 8,900.00 $ 826,00 10,235.00 2,360.00 $25,414.00 NO BID 840.00 10,235.00 19,252.00 8,900.00 $40,575.00 $20,400.00 $90,462.00 8,900.00 826.00 10,235.00 2,360.00 27,774.00 937.00 $1,922.00 14,940.00 25,125.00 50,305.00 (9,520.00) 87,165.00 Alternate Liquor Without Liquor With Home Liability Liability Liquor Liability 13,020.00 With no exclusion of Liquor Liability Chandler -Lang Total Employers Total With Home Liquor Liability. $90,462.00 87,165.00 I would recommend leaving auto liability and Comprehensive General Liability and Umbrella together as one unit.