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HomeMy WebLinkAbout1976-07-12_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL REGULAR MEETING JULY 12, 1976 7:00 P.M. ROLLCALL ' MINUTES of June 21, 1976 and of Board of Review approved as submitted or corrected by motion of , seconded by I.' PUBLIC HEARING ON PRELIMINARY PLAT Affidavit of Notice by Clerk. Presentation by Planning Department. Spectators heard. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote to pass. A. Dalsin 1st Addition - Generally located at the Northeast.corner of Laguna Drive and West Shore Drive - S -76 -8 (6/2/76) II. PUBLIC HEARING ON ORDINANCE AMENDMENT Affidavits of Notice by Clerk. Presenta- tion by Planning Department. Spectators heard. First Reading requires offering of Ordinance only. 4/5 favorable rollcall vote if Second Reading should be waived. A. Amendment to Ordinance No. 711 - Establishing Commercial Sanitation Districts III. AWARD OF BIDS Tabulation and recommendations by City Manager. Action of Council by motion. A. Sidewalk Improvements S -17 and S -20 IV. COMMUNICATIONS A. 50th.and France Business and Professional Association - Request for full time Patrol Officer B. Mr..Robert.Boblett - Request for signalization at corner of Blake Road and Interlachen Blvd. C. Mr. Melvin C. Gittleman - Continuation of public hearing on preliminary plat for Krahl's Mountain V. RECOMMENDATIONS AND REPORTS A. Planning Commission 1. Lot Divisions a. Lot 16, Block 1, Oscar Roberts 1st Addition (7330 -32 Cornelia Drive) . LD -76 -4 (7/7/76). b. Lots 10 and 11, Block 3, Edina Interchange Center (generally located North of W. 78th St. and Edina Industrial Blvd., West of Bush Lake Road and East of the MN &S Railway) - LD -76 75 (7/7/76)- 2. Set Hearing Dates a. Preliminary Plat Approval 1) Shadow Hill (Robert Hanson) Generally located at the Northeast corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Ave. - S -76 -10 (7/7/76) 2) McCauley Heights 6th Addition - Generally located East of Mc Cauley Trail, South of McCauley Lane and North of Margaret's Lane - S -76 -14 (7/7/76) 3) Deer Run - Generally located West of Olinger Road.and North of Olinger Blvd. - S -76 -15 (7/7/76) b. Rezonings 1) Shadow Hill (Robert E. Hanson) Generally located at the Northeast corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Ave. - R -1 Residential District to PRD -3 Z -76 -8 (7/7/76) 2) Grimes House - Part of Lot 15, Melvin Grimes Subdivision and Lots 8, 9 and 10, Grimes Homestead (4200 W. 44th St.) - R -1 Single Family Residence District to R -1 (HPD) - Z -76 -10 (7/7/76) 3) Rainbow Management Division - Part.of Lots 56 and 58, Auditors Subdivision 172 - Generally located at the Southwest corner of W. 51st Street and France Ave. - ..Z -76 -11 (7/7/76) C. Flood Plain Permit for Lot 1, Block 1, Gleason 3rd Addition - FP -3 (7/7/76 July 12, 1976, Agenda Page Two B. Insurance Consultant Proposal C. Liquor Store Marketing Survey D. Set Hearing Dates - Special Assessments ' E. Notice of Public Hearing on Amendments of Rules of the Minnesota Environ- men.tal Quality Council. F. Proposed.Rules and Regulations for Review of Matters of Metropolitan Signi- ficance G. Leonard Watermain Easement H. County -Road 18 /Valley View Road Interchange - Report I. T.H. 100 Gap Improvement Project J. Dedication of, Arneson.Acres K. Association of Metropolitan Municipalities - Executive Director's Annual' Report for 1975/1976 L. Eden Prairie Road Naming Survey Results M. City_ Hall Parking - 'Preliminary Proposals N. Miller Property Acquisition 0. Land Acquisition Activities P. Resolution of Appreciation - Mr. Frank Dean VI. ORDINANCES First Reading requires offering of Ordinance only. 4/5 favorable rollcall - vote if Second Reading should be waived. A. First Reading 1. Ordinance No. 1101 -A5 - Terms of Paymenv for Sewer Billing 2. Ordinance No. 1111 -A3 - Terms of Payment for Water Billing VII. ANY OTHERS WHO DESIRE HEARING BEFORE COUNCIL VIII. FINANCE A. Sale of Braemar Park Property to Hennepin County B. Liquor Fund as of May 1, 1976 C. Claims paid: Motion of seconded by for payment of the following claims as per Pre -list: General Fund, $105,829.45; Park, $4,214.53; Park Construction, $19,753.56; Swimming Pool, $2,312.83; Golf, $6,361.88; Arena, $22,704.92; Arena, $22,704.92; Gun,,$346.80; Water Works, $20,208.25; Sewer Fund, $2,559.13; Liquor Fund, $137,801.40; Con- struction Fund, $3,964.54; Total, $326,0.57.29 AGENDA EDINA PLANNING COMMISSION Wednesday, July 7, 1976, at 7:30 P.M. Edina City Hall I. Approval of the June 2, 1976, Planning Commission Minutes. II. LOT DIVISIONS: 76 -4 1 LD -76 -5 Mrs. H.A. Nordby. 7330 -32 Cornelia Drive. Lot 16, Block 1, Oscar Roberts lst Addition. Marfield Development Company. Lots 10 and 11, Block 3, Edina Inter- change Center. Generally located north of W. 78th Street and Edina Industrial Blvd., west of Bush Lake Rd., and east of the MN &S Railway. III. SUBDIVISIONS: 5 -76 -9 S -76 -10 Deckas Addition. Generally located at the southwest corner of Vernon Avenue and Olinger Road (Continued from June 2, 1976). Shadow Hill (Robert E. Hanson). Generally located at the northeast corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. (Continued from June 2, 1976). 5 -76 -13 Wright's Addition. Generally located east of Valley View Road, at the end of Moccasin Valley Road. S -76 -14 McCauley Heights 6th Addition. Generally located east of McCauley Trail, south of McCauley Lane and north of Margaret's.Lane. S -76 -15 Deer Run. Generally located west of Olinger Road and north of Olinger Boulevard. S -76 -16 Robert Middlemist 2nd Addition. Generally located west of Olinger Road, south of Vernon Avenue, and east of the Blake Ridge townhouses. IV. REZONINGS: Z=76- 7-- -- -Peter-C. - Deckas-. — Generally- located --at -the - southwest -- corner -of Vernon__.._ Avenue and Olinger Road. R -1 Single Family Residence District to R -2 Multiple Residential District. (Continued from June 2, 1976). Z -76 -8 Robert E. Hanson (Shadow Hill). Generally located at the NE corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. . (Continued from June 2, 1976) A_ / r-, /� ,� /9 3 Z -76 -10 Grimes House. 4200 West 44th Street. R -1 Single Family Residence District to R- 1(HPD) Heritage Preservation District. Z -76 -11 Rainbow Management Division. Generally located at the southwest corner of W. 51st Street and France Avenue. R -1 Single Family Residence District to R -4 Multiple Residential District.._ Pt- 5z f, �;_ il .14-7 ce-3 V.....-. OTHER BUSINESS: 1. Minneapolis Zoning Code Amendment for 5101 -5105 France Avenue. ,bT2.(FP-r3).Flood Plain Permit for Lot 1, Block 1, Gleason 3rd Addition. 3. Resolution for Frank S. Dean. VI. ADJOURNMENT. 5 /Zi�cW- �° " 14 I' MAPw-ta, .. CORNELIA LAME ELEM.' SCN.� d u .........�...- u �• ° PARK i4 q <t 'WOq a 1�l I I I I I I I I I I I I 1 1 1 ¢� I F OR 0 oil I V F HIBISCUS AVE. ; W _ _ Da S 0 r' i' ANDALE lot division REQUEST NUMBER: LD -76 -4 LOCATION: 7330 -32 Cornelia Drive REQUEST: Simple lot division of existing double bungalow. I • all village t4anning department viUsige of edins J o ". � HAZE TON R LUTHERAN CHUR.Mt s OF a THE S MASTER . 0 i ° W • all village t4anning department viUsige of edins EDINA PLANNING COMMISSION STAFF REPORT July 7, 1976 - LD -76 -4 Mrs. H. A. Nordby. 7330 -32 Cornelia Drive. Lot 16, Block 1, Oscar Roberts 1st Addition. Refer to: attached survey. The proponent's are requesting to divide an existing double bungalow into two lots which may be homesteaded. They are requesting to divide the property approximately in half down the party wall of the structure. .Recommendation: We have granted numerous approvals for this.. type of lot division in western Edina, however, this is the first . ib -,the double bungalow area of the Oscar Roberts Addition. There have been no problems with any of the divisions, some of which occurred more than six years.agd; so the staff would recommend approval. This recommendation is given for the following reasons: 1. No additional buildable lots are being created. 2. No problems have occurred with any of the other divisions of this type. GL:ln 7/2/76 CAP.DARELLE & ASSOCIATES, INC. LAND SURVEYORS f440 FLYING CLOUD DRIVE 941.3030 EDEN PRAIRIE, MINN. 55343 nn CERTEFICATIE- OF SURVEY Survey For: 14 )Y— =r- Book 'L? ? Page _Il 14 A C0Rt� rEL"4% DRI\(E- f l� l I +ool s�. -+-10 That Vii,rt of I1ot cl-cier. itoberts Is t +, 1'.ition lyinef .dolt of t ;� :!j nt. ru ldnt on the Nort�"1 line- of Lot 16, a c?ist_ince of. 5(`.0 `eet :.�st `_roe t'.�e :orth-.;e:;t corner thereof.; thence :youth j)a J'ill l -01 1.1ith t-c- West lirie Of 1,Ot It., n Ct St_.ince Of !I).' lr -et; tl nnce :s t 1ara1.leI 1:,ith the South line of Lot 16, a disti-irce of 3.0 feat: ::'erica South - 0.`1 fC (-t ?:lore Or- lens t'7 � � ?int on the :i01W, line O� Lot 1!.), 3 ;.1fit�1nCC3 Of 52.0 feet }.'n t of the Snutha(�. -t corner. hereby ceH:Fy tho► 161& is o true and Sorted repre:ertotion Of a wrvey of ttio bavndarles 0). r —'' r. A, --'-L -, I Honnepin County, Minnesota and of N,e locolion of all bvildinpi thereon, and all visible enuoachreonmr, if any, learn or on said land. Survayod by me Ihir._ t ~ day o) l (� C BELLE` & ASSOCIATES, INC. STAI E RE Q. NO. 6508 July 7, 1976, Edina Planning Commission Minutes II. LOT DIVISIONS: LD -76 -4 Mrs. H. A. Nordby. 7330 -32 Cornelia Drive. Lot 16, Block 1, Oscar Roberts 1st Addition. Mr. Luce explained the property in question is zoned R -2 and a double bungalow has been constructed on the site. The proponent is requesting to divide the property down the common building wall to create two separate taxable parcels so both units may be owned and homesteaded. Similar requests have been granted in western Edina, and to our knowledge no legal problems or complaints have been encountered as a result. Mr. Luce recommended approval of the requested lot division because no additional buildable lots will be created and.no problems have occurred with any of the other divisions .� of this type. Mrs. McDonald moved the requested lot division be approved as recommended by the staff. Mr. Runyan seconded the motion. All voted aye. Motion carried. fLD -76 -5 Marfield Development Company. Lots 10 and 11, Block 3, Edina Interchange Center. Generally located north of W. 78th Street and Edina Industrial Blvd., west of Bush Lake Road, -and east of the MN &S Railway. Mr. Kremer abstained from the discussion and vote concerning this request. Mr. Luce explained the property in question is two lots located in the Edina Interchange Center. The proponents are requesting to divide lot 11 and add the northerly portion of that lot to lot 10. As a result, lot 11 would be 2.3 acres and lot 10 would be 3.5 acres. The proponent'is proposing to construct a building on the northerly parcel and at some future date may build on the lot to the south. Mr. Luce recommended the requested lot division and combination-be approved inasmuch as no new buildable lots will be created and the resulting lots will meet all of the zoning ordinance requirements. After brief discussion, Mr. Hughes moved the proposed lot division and combination be approved as requested. Mr. Runyan seconded the motion. All, voted aye. Motion carried. N � Oil [K19 J)WA 0 Milt I mi .lot division REQUEST NUMBER: LD-76-5 N of W 78th Street and Edina In LOCATION: Blvd-, W of Bush Lake Road, E o MN&S Railway. REQUEST: two lot .planned industrial district division villftKe planning department Vingge of edina EDINA PLANNING COMMISSION STAFF REPORT July 7, 1976 LD -76 -5 Marfield Development Company. Lots 10 and 11, Block 3, Edina Interchange Center. Generally located north of W. 78th Street and Edina Industrial Boulevard, west of Bush Lake Road, and east of the MN &S Railway. Refer to: Attached survey of proposed lot division. The proponents are requesting to reorganize two existing lots in the Edina industrial center. The result.would be a 3.5 acre lot and a 2.3 acre lot. The developer intends to build on the northerly lot and at some future date may build on the lot to the south. The resulting lots would meet all zoning requirements and create no new buildable lots, therefore the staff would recommend approval. GL:ln 7/2/76 /771 Ora: Ip 0 r� a Y. _ c o' Ot i ... .UM !)IU —,, - . ---- - .11 v.i 'YIr1•. Ir•rlhY OUlnl aav r IIVI:'1r 11 f•1 !A1VI Im .1 41 I'll. r.11 lVllr)1 �•. {1.1.1.1111 -_ rl 11'.1'1 111 • 111x1 Y {YV 1 1 Vlll rl•IV rlllr',In 11 1Af1': I'1 111111 / 1.1 I1 1. . �. r.• 111 .. .1 .r .r. .. 11_ 11 Irll "t r. 1.11. 1•,i• w - ,a��s /n r�lmr.ln w II V'I ....Ml All 1. w-4.4, y of f£ / It7e � 13 r J �.1 /.��� taffy 00'621 M1Lpry i� S ' � Iof `' d f e�oO C �s wz o Io� �0 o r o � � 4£ ft I � ►: July 7, 1976, Edina Planning Commission Minutes II. LOT DIVISIONS: LD -76 -4 Mrs. H. A. Nordby. 7330 -32 Cornelia Drive. Lot 16, Block 1, Oscar Roberts 1st Addition. Mr. Luce explained the property in question is zoned R -2 and a double bungalow has been constructed on the site. The proponent is requesting to divide the property down the common building wall to create two separate taxable parcels so both units may be owned and homesteaded. Similar requests have been granted in western Edina, and to our knowledge no legal problems or complaints have been encountered as a result. Mr. Luce recommended approval of the requested lot division because no additional buildable lots will be created and no problems have occurred with any of the other divisions of this type. Mrs. McDonald moved the requested lot division be approved as recommended by the staff. Mr. Runyan seconded the motion. All voted aye. Motion carried. LLD -76 -5 Marfield Development Company. Lots 10 and 11, Block 3, r Edina Interchange Center. Generally located north of W. 78th Street and Edina Industrial Blvd., west of Bush Lake Road, -and east of the MN &S Railway. Mr. Kremer abstained from the discussion and vote concerning this request. Mr. Luce explained the property in question is two lots located in the Edina Interchange Center. The proponents are requesting to divide lot 11 and add the northerly portion of that lot to lot 10. As a result, lot 11 would be 2.3 acres and lot 10 would be 3.5 acres. The proponent is proposing to construct a building on the northerly parcel and at some future date may build on the lot to the south. Mr. Luce recommended the requested lot division and combination'be approved inasmuch as no new buildable lots will be created and the resulting lots will meet all of the zoning ordinance requirements. ' After brief discussion, Mr. Hughes moved the proposed lot division and combination be approved as requested. Mr. Runyan seconded the motion. All voted aye. Motion carried. t gwd 0. gs:16nan, CPCU INSURANCE CONSULTANT July 2, 1976 Mr. Warren C. Hyde, City of Edina 4801 W. 50th St. Edina, Minn. 55424 City Manager 400 BUILDERS EXCHANGE MINNEAPOLIS. MINNESOTA 55402 TELEPHONE (612) 336.5866 As requested, we are pleased to submit a proposal to review the property and casualty insurance requirements of the City of Edina, and examine existing insurance coverage. The purpose of this survey is to review and evaluate the risks of loss to which the city is exposed and determine to what extent these risks might be either reduced or eliminated, assumed in whole or in part or transferred to an insurance company thru the purchase of insurance. This work would include an inspection of all owned or occupied properties, and a review of all services which the city provides. This will enable us to determine all the risks of loss to which the city is exposed. A review of all contracts or purchase agreements with those parties which supply goods or services to the city, or with whom the city might have contracts or agreements for other reasons would be examined to be sure that any liability is not unnecessarily assumed and that all contractual or legal liabilities are recognized and insured if necessary or desireable. The present insurance policies would be examined in detail to determine which risks are properly insured. Our analysis would includa recommendations which would suggest those risks which may be safely assumed in whole or in part by the city in order to reduce.insurance costs. The hourly fee for work of this type is $35 and we estimate that the entire project could be completed in less than one hundred hours, spread over a period of several months. This would require the city's authorization to discuss existing insurance policy rates and forms with the insurance companies and rating authorities. r Mr. Warren C. Hyde Page 2 July 2, 1976 This total fee would be less than 2/ of your present insurance costs and we would be surprised if one of the results of our survey would not generate as much or more premium saving. Our present schedule of work should permit us to begin some time prior to the end of July and complete the work before the ,end of the year. The enclosed brief resume of our insurance background and experience maybe helpful in your consideration of this proposal. We would be pleased_ to discuss this proposal in more detail with you or your associates if.it would be'.helpful. Yours sincerely, FRED G.. GEDELMAN FGG :.pab cc: Jarl N. Dalen, Director Finance Ken Rosland, Director Park and Recreation STATE OF'MINNESOTA COUNTY OF RAMSEY MINNESOTA ENVIRONMENTAL QUALITY COUNCIL In the Matter of the Aniendments of the Rules of the Minnesota Environmental Quality Council Relating to Selected Sections of the Rules Governing the Preparation and Review of Environmental Impact Statements E MEQC 22(a)(1) and (t); MEQC 24(b)(1)(bb), (ee), (tt) and (bbb); MEQC 25(e); MEQC 26(b); MEQC 28(a)(1) and (2); MEQC 29(a)(3); and MEQC 35(a); as adopted by the MEQI on 16 March 1976; and MEQC 25(d)(1) as originally noticed to Hearing on 7 October 19753 Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes, H 15.0412.and 116D.04 (1974) in the above entitled matter commencing in St. Paul in Conference Room D of the Veterans Service Building at 9:00 a.m. on 3 August, 1976. The Hearing will be continued to such time and place as the Hearing Officer may designate until all representatives of associations or other interested groups or persons have had an opportunity to participate and be heard . poncerning adoption of the proposed rules captioned above by submitting either oral or written data, statements or arguments. Statements or briefs may be submitted to the Office of Hearing Examiners; William Seltzer, Hearing Examiner; Room 300; 1745 University Avenue; St. Paul, Minnesota 55104, without appearing at the nearing and will be accepted for a period of 20 calendar days following the close of the hearing. The purpose of the amendments of these Rules are generally as follows: Provide definitions for government and private actions which are necessary to determine which criteria must be met prior to the .ordering of an EIS; Establish minimum thresholds for certain actions which, when the thresholds are met or exceeded, will require that an EAW be prepared on that action; Provide a process for the environmental review of comprehensive plans of public agencies or for a series of interdependent actions when each action by itself may not be subject to such review; Allow for state agencies to develop categories of minor projects for which no environmental review is necessary or needed; Provide a mechanism which allows an affected party to challenge the order requiring that an EIS be prepared on an-action; Allowing for the maximum input into the preparation of a Draft EIS by public agencies and the public affected by environmentally related decisions of other-public agencies; Detailing what items public agencies are required to publish in the EQC Monitor; Allowing for the preparation of environmental documents after all of the necessary governmental permits for the action have been issued. Copies of the proposed rules may be obtained by calling or writing to: Minnesota.Environmental Quality Council 101 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 (612) 296 -8253 Copies of the proposed rules are now available for review at the following locations: Minnesota Environmental Quality Council 101 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 Minnesota Environmental Quality Council's Designated Dis- tribution Points (see attached listing) Office of Regional Development Commissions Office of County Auditor -- all Minnesota counties Office of City Clerk -- Cities over 15,000 population ac- cording to the 1970 census. Notice is also given that under Minn. Stat. § 10A.01, subdivision 11 (1974) any individual engaged for pay or other consideration for the purpose of representing persons or associations attempting to influence administrative action, such as the promulgation of these Rules, must register with the State Ethics Commission as a lobbyist within five days of the commencement of such activity by the individual. The State Ethics Commission is located at 410 State Office Building, St. Paul, Minnesota 55155. Dated: -22 June 1976 STATE OF MINNESOTA ENVIRONMENTAL QUALITY COUNCIL BY D 0 Peter Vanderpoel Chairman 0 21 June 1976 Minnesota Environmental Quality Council Proposed Environmental Impact Statement Rules Relating To: Selected Sections of the Rules as Adopted by The Environmental Quality Council at its March 16th Meeting (All citations refer to the above mentioned Rules. Copies are available at the EQC offices.) MEQC 22 DEFINITIONS The following terms have the meanings ascribed to them in these Rules: (1) "Governmental Action" means an action proposed to be undertaken by a public agency directly or an action supported or licensed, in whole or in part, by a governmental permit issued by a public agency. (t) "Private Action" means an action proposed to be undertaken by a private person that does not require a governmental permit. MEQC 24 ACTIONS REQUIRING ENVIRONMENTAL ASSESSMENT WORKSHEETS (b) EAW Required. (1) An EAW shall be prepared on any action which is not exempted by MEQC 26 and which falls within one of the following categories. The Responsible Agency is shown in parenthesis for each category except that when a proposer of an action is a public agency that agency shall be the Responsible Agency. The Council may specify a different Responsible Agency for•good cause. (bb) Construction of a facility or integral group of facilities with at least 250,000 square feet of commercial or retail floor space or 175,000 square feet of industrial floor space, or a mixture of commercial, industrial and retail floor space totaling 250,000 -1- square feet, unless located in an industrial park for which an EIS has already been prepared -- (Local); (ee) Construction of a facility that generates more than a maximum of 2,500 vehicle trips per hour or a maximum of 12,500 vehicle trips per eight -hour period -- (Local); (tt) Construction of a new or additional residential development that includes 100 or more units in an unsewered area or 500 or more units in a sewered area -- (Local); (bbb) Conversion of 40 or more contiguous acres of forest cover to a different land use -- (Local); MEQC 25 ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS (e) Related Actions (1) When two or more actions are related, they shall be considered as a single action and their cumulative potential effects on the environment shall be considered in determining whether an EIS is required. Actions are related if: (aa) They are of a similar type, and are planned or will occur at the same time, and will affect the same geographic area; or (bb) They are interdependent and not independently viable stages or segments of development of the same project and would not be undertaken if subsequent stages or segments would not also occur; or (cc) It can be determined, based on a comprehensive plan or on the precedent that would be established by a public agency's undertaking or approving an action, that one of the actions will induce other actions of the same type or affecting the same geographic area. (2) A comprehensive plan for a geographic area or other public agency overall program or plan document may be considered as a Related Actions EIS. -2- (aa) The geographic area must contain possible actions each with the potential for significant environmental effects or actions whose cumulative potential environmental effect is significant. (bb) For an individual action in the geographic area, the need for an individual action EIS or a modification of the Related Actions EIS shall be judged by the guidelines for a Subsequent EIS. (3) A Related Actions EIS shall meet the content requirement of MEQC 30(d); however, the data may be more generalized and not as exhaustive as an individual action EIS. Additionally, the alternatives may be more in the nature of prototypes or alternate scenarios. MEQC 26 ACTIONS NOT REQUIRING ENVIRONMENTAL DOCUMENTS (b) State agencies developing procedural guidelines may develop EAW and EIS exemption categories. Such categories shall be submitted for Council review and approval and shall be subject to Minn. Stat., Chapter 15 [1974] Rule making procedures. MEQC 28 REVIEW OF EIS PREPARATION NOTICES AND NEGATIVE DECLARATION NOTICES (a) Review of EIS Preparation Notices. (1) When an EIS Preparation Notice is published, an EIS shall be required on an action unless within 30 days of E C Monitor publica- tion of the Notice, a member agency of the MEQC, a public agency with the jurisdiction to approve the action, or the proposer files objections with the Responsible Agency, the proposer of the action, and the Council. (2) The Council, at its first meeting held more than 30 days after the filing of an objection, shall determine whether an EIS shall be prepared. This time limit shall be waived if a hearing is ordered pursuant to MEQC 28(a)(3). -3- MEQC 29 PREPARATION AND REVIEW OF EISs (a) Preparation and Review of Draft EIS (3) The Responsible Agency or Responsible Person may consult with and request comments of public agencies with jurisdiction by law or special expertise and the public regarding the environmental effects of an action, including the appropriate regional develop- ment commission. MEQC 35 EQC MONITOR PUBLICATION REQUIREMENTS (a) Public agencies are required to publish the following in the EQC Monitor except that this section constitutes a request and not a requirement with respect to federal agencies. (1) Notice of receipt of applications or government proposals for the natural resources management and development permits listed below. When an action has been noticed pursuant to MEQC 35(a)(3) separate notice of individual permits required by that action need not be made unless changes in the action are proposed which will involve new and potentially significant environmental effects not considered previously. (aa) Navigational obstructions within designated state or federal Wild and Scenic River land use districts. (bb) Commercial and industrial wharves used for cargo transfer. (cc) Channelization of one or more miles of designated Class I or II public water courses. (dd) Any marina and harbor project of more than 20,000 square feet of water surface area. (ee) Any new or additional impoundment of water creating a water surface in excess of 200 acres. (ff) Filling of 10 or more acres of public waters. -4- (gg) Dredging of 10 or more acres of public waters. (hh) All public hearings conducted pursuant to water resources permit applications[ Minn. Stat., Chapter 105 (1974 (ii) A new appropriation for commercial or industrial purposes of either surface water or ground water averaging 30 million gallons per month, or exceeding 2 million gallons in any day during the period of use; or a new appropriation of either ground water or surface water for irrigation of 640 acres or more in one continuous parcel from one source of water. (jj) Application for the underground storage of gas or liquids. (kk) County, state or federal auctions for sale of publicly owned timber on any tract adjacent to a public highway. (11) County, state or federal auctions for sale of publicly owned timber on any tract adjacent to public waters of the State. (mm) County, state or federal auctions for sale of publicly owned timber on any tract, any part of which is within one quarter (;) mile of an organized public, private or non- profit recreation area or camp. On) Notice of all public permit and lease sales for state permits and leases to prospect for and mine iron ore, copper nickel, or other minerals as required by Minn. Stat. § § 93.16, 93.335, and 93.351 (1974) and Copper - Nickel Rules and Regulations. (oo) Permits and leases for iron ore in non - merchantable deposit areas. (Minn. Stat. 93.283) (pp) New leases and permits for use of state forest lands for summer cabins, commercial recreational facilities and gravel pits. -5- (qq) Roads through state forest lands exceeding 5 miles in length. (rr) Facility plans for new or expansion of industrial treatment works not covered by NPDES permits. Minn. Stat. s 115.07 subdivision 1 (1974). (ss) Facility plans for new or expansion of liquid storage facilities equal to or exceeding 50,000 gallons [Minn. Stat. § 115.43, subdivision 3(2) (1974). (tt) New or expansion of solid waste disposal systems handling 100 cubic yards or more of solid waste per day. [Minn. Stat. s 116.07, subdivision 4A (1974). NO Installation permit application for new or expansion of incinerators with capacity equal to or in excess of one ton per hour of solid waste. CMinn. Stat. s 116.07, subdivision 4A (1974) (vv) Installation permit application for new or expansion of an emission facility emitting 100 tons or more per year of any restricted air contaminant. [Minn. Stat. 116.07, subdivision 4A (1974)) (ww) New or expansion of a feedlot designed for 1,000 1 cattle or more or equivalent animal units. Minn. Stat. s 116.07, subdivision 7 (1974 ( x,x) Construction of a public use airport [Minn. Stat. s 360.018, subdivision 6 (1974 ) (2) Impending actions proposed by state agencies when the proposed action may have the potential for significant environmental effects. (3) EIS Preparation Notices and Negative Declaration Notices. Ila (4) Notice of Draft EIS informational meetings or hearings to be held pursuant to MEQC 29(a)(6). (5) Notice of other actions that the Council may specify by resolution. (6) Notice of the application for a Certificate of Need for a large energy facility, pursuant to Minn. Stat. § 116H.03 (1974). The following Rule was included in the Environmental Impact Statement Rules noticed to Hearing on October 7, 1975. The Minnesota Environmental Quality Council is now proposing to withdraw it from the Rules. MEQC 25 APPLICATION OF ACT TO ACTIONS (d) Actions for Which Environmental Documents are not Required. The preparation of environmental documents shall not be required in the following instances: (1) When all of the necessary governmental permits for the action have been lawfully issued; -7- STATE OF MINNESOTA COUNTY OF RAMSEY MINNESOTA ENVIRONMENTAL QUALITY COQ In the Matter of the Amendments of the Rules of the Minnesota Environmental Quality Council Relating to Selected Sections of the Rules Governing the Preparation and Review of Environmental Impact Statements [MEQC 22(a)(1) and (t); MEQC 24(b)(1)(bb), (ee), (tt) and (bbb); MEQC 25(e); MEQC.26(b); MEQC 28(a)(1) and (2); MEQC 29(a)(3); and MEQC 35(a); as adopted by the MEQC on 16 March 1976; and MEQC 25(d)(1) as originally noticed to Hearing on 7 October 19753 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held pursuant to Minnesota Statutes, H 15.0412 and 116D.04 (1974) in the above entitled matter commencing in St. Paul in Conference Room D of the Veterans Service Building at 9:00 a.m. on 3 August, 1976. The Hearing will be continued to such time and place as the Hearing Officer may designate until all representatives of associations or other interested groups or persons have had an opportunity to participate and be heard poncerning adoption of the proposed rules captioned above by submitting either oral or written data, statements or arguments. Statements or briefs may be submitted to the Office of Hearing Examiners; William Seltzer, Hearing Examiner; Room 300; 1745 University Avenue; St. Paul, Minnesota 55104, without appearing at the nearing and will be accepted for a period of 20 calendar days following the close of the hearing. The purpose'of the amendments of these Rules are generally as follows: Provide definitions for government and private actions which are necessary to determine which criteria must be met prior to the ordering of an EIS; Establish minimum thresholds for certain actions which, when the thresholds are met or exceeded, will require that an EAW be prepared on that action; Provide a process for the environmental review of comprehensive plans of public agencies or for a series of interdependent actions when each action by_ itself may not be subject to such review; Allow for state agencies to develop categories of minor projects for which no environmental review is necessary or needed; Provide a mechanism which allows an affected party to challenge the order requiring that an EIS be prepared on an- action; Allowing for the maximum input into the preparation of a Draft EIS by public agencies and the public affected by environmentally related decisions of other-public agencies; Detailing what items public agencies are required to publish in the EQC Monitor; Allowing for the preparation of environmental documents after all of the necessary governmental permits for the action have been issued. Copies of the proposed rules may be obtained by calling or writing to: Minnesota Environmental Quality Council 101 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 (612) 296 -8253 Copies of the proposed rules are now available for review at the following locations: Minnesota Environmental Quality Council 101 Capitol Square Building 550 Cedar Street St. Paul, MN 55101 Minnesota Environmental Quality Council's Designated Dis- tribution Points (see attached listing) Office of Regional Development Commissions Office of County Auditor -- all Minnesota counties Office of City Clerk -- Cities over 15,000 population ac- cording to the 1970 census. Notice is also given that under Minn. Stat. § 10A.01, subdivision 11 (1974) any individual engaged for pay or other consideration for the purpose of representing persons or associations attempting.to influence administrative action, such as the promulgation of these Rules, must register with the State Ethics Commission as a lobbyist within five days of the commencement of such activity by the individual. The State Ethics Commission is located at 410 State Office Building, St. Paul, Minnesota 55155. Dated: -22 June 1976 r STATE OF MINNESOTA ENVIRONMENTAL QUALITY COUNCIL BY 0 (PZLC� dAkA,"&V_Q Peter Vanderpoel Chairman METROPOLITAN SIGNIFICANCE SUB - COMMITTEE . RECOMMENDATIONS ON HEARING DRAFT OF THE PROPOSED RULES AND REGULATIONS FOR THE REVIEW OF MATTERS OF METROPOL,ITA.N.SIGNIFICANCE Revised June-10, 1976 MC -2 (c) The committee moved that the first,half of the sentence through 1112" should be amended'for clarification limiting the lack of inconsistency to those elelents of local comprehensive plans that relate to the four metropolitan systems in. the plan. ,Staff to draft new wording. Committee recommended deleting the balance of the sentence af- ter "plane" in the third line and inserting thereof: "if the metropolitan systems plans have been changed after the adoption of the local comprehensive plans ". Section MC -2 ( c) with revisions: "A matter not consistent with those elements of the local com- prehensive plan which are subject to Council modif'i. cation when such plan has been accepted by the Council or adopted pursuant to Lauds 1976, Chapter 127, Sections 8 to 12, or a matter that is not consistent with the metropolitan systems plan if the metropolitan systems plans have been changed after the adoption of the local comprehensive plans ". 1. Change the word "may" in the third line to "shall ". 2. Add the following words to the end of this sub- section: "when such local comprehensive plan is consistent with the metropolitan systems ". MC -6 (3) The committee questioned the meaning of the word "colorable" and moved that: "Whereas "colorable" has such a precise legal definition it is not readily understood by the general public it is requested that the term be substituted with understandable language ". MC -7 ( a ) 1. The committee debated the terminology dealing with the number of members on the Significance Review Committee. Consensus was that this needed clarification and it was so moved.that "the Council clarify that the maximum number is 7 and that all members must be members of the Council Luc-1 of the Advisory Land Use Committee." U" 2. Change the word "who" in the third line to "all of whom ". A Recommendations Page Two MC -8 Vern Peterson advised that the members were concerned with some kind of appellate procedure regarding review of matters of metropolitan significance. The committee requested that John Rutford and Staff research statutory provision for re- view'procedure. Staff's research indicated that although both the Council_ and the Association legal resources agree that judicial recourse is available under Chapter 15 without stating such in the regulations it is believed that the vast majority of public officials and general citizenry,who may read these rules are not so well versed in Minnesota judicial law that they will'know of the judicial recourse available. Since judicial recourse is available and the Council intends for: judicial recourse to be available, and to prevent much unneces- sary misunderstanding and commentary from citizens and officials, and since no real change would result, Staff recommends that the following proposed judicial review sub - section be inserted in MC -10: "JUDICIAL REVIEW The judicial review of any final determin- ation made pursuant to these regulations shall be conducted in accordance with the provisions of Minnesota Statutes, Chapter 15." July 1, 1976 To Residents on Eden Prairie Road Once again, after a five year lapse, the City Council has been asked to consider changing the name of "EDEN PRAIRIE ROAD." A petition has been filed requesting it be re -named to "WHITEHALL ROAD," signed by 9 owners and tenants. In 1971, 6 residents of 27 indicated they desired to have the name changed, with the vast majority not in favor. It has been suggested that "WHITEHALL LANE" may be a bit on the long side, and that consideration should be given to naming it for the pioneer resident of the area, Lewis F. Jones. To aid the Council in deciding whether there is enough sentiment for changing to warrant having a formal, legal hearing on the matter, we will greatly appreciate your answering and returning the questionnaire on the bottom of this letter. If a formal hearing is scheduled, you will receive notice of it. Thank you. Very (truly your, // ' arren d CITY MANAGER Yes No I favor 1. Changing "Eden Prairie Road" to "Whitehall Lane" 2. Changing "Eden Prairie Road" to "Jones Lane" 3. Continuing the name of "Eden Prairie Road" Signed Address PLEASE RETURN TO CITY OF EDINA, 4801 West 50th St., Edina, 55424, by July 8, 1976. GENTLEMEN: The undersigned are•the owners and /or tenants of property abutting on Eden Prairie Road and hereby petition the Council to change the name of Eden Prairie Road in the City of Edina, Minnesota, to WHOXMMOM Whitehall Road. Dated 6 - 76 - SIGNATURE ADDRESS DESCRIPTION OF PROPERTY TENANT -OWNER • � � ii l l � /4 -L- Consulting Engineers 9 May 24, 1976 Mr. Warren C. Hyde Village Manager CITY OF EDINA City Hall 4801 West 50th Street Edina, Minnesota 55424 G 'FA* ;F CARL WALKER &ASSOCIATES, inc. 400 Shelard Plaza South, Suite 670 Minneapolis, Minnesota 55426 61215464316 Re: Proposal for Engineering Services Enclosed Parking Facility at City Hall Dear Mr. Hyde: William C. Arons, P.E. Vice President Dennis E. Neu, P.E. Paul J. Harms, P.E. It was a pleasure meeting with you and Mr. Dunn on May 11, 1976. I want to thank you for taking the time to explain to me your concern regarding the lack of space for indoor parking for police cars and other city vehicles.at the Edina City Hall. I would like to propose that Carl Walker & Associates, Inc. provide you with the following services: A. Prepare schematic design drawings for a facility which will hold approximately 60 to 75 vehicles including police cars, vans and pick up trucks. B. Evaluate the feasibility of parking on top of this facility. C. Evaluate the possibility of future office space construction above this facility. D. Consider the possibility of a public entrance on the wes° t side of the City Hall for night use. E. We will develop a cost estimate for a specified building size, location and elevation. Concern will be given to traffic flow, ease of parking and access to the roadway system and safety to all pedestrians. The charges for our services in this schematic design phase will be at our standard hourly rates and per the terms of the enclosed CWA 403A document with a maximum charge of $3,500. We can begin work on this project in the immediate future and would expect to have this design complete within four weeks. Chicago Detroit Kalamazoo Minneapolis Billings CARL WALKER UASSOCIATES.inc. Mr. Warren C. Hyde May 24, 1976 Page 2 of 2 I ask that you please sign in the space below to acknowledge your acceptance of the terms stated herein and to serve as your authorization for us to proceed. We look forward to working with you on this most challenging project. Sincerely yours, CARL WALKER & ASSOCIATES, INC. Q)CtQ C'� William C. Arons, P.E. Vice President WCA /jme Enclosure: CWA 403A Authorized by: CITY OF EDINA Name Title Date July 8, 1976 To: Mayor and Council From: Warren C. Hyde, City Manager Subject: Land Acquisition Activities During the past several months, Mr. Dalen has spent a great deal of his time dealing with the owners of various properties which the City desires to acquire. Among the properties are the Whiteman, Moore, Miller, Hume and HRA pieces. There are several others on which negotiations have either not started or are in very preliminary stages. This activity on Mr. Dalen's part has, of course, taken him away from his prime function as Finance Director, and with budget preparation time here, I think we should avail ourselves of the services of a part time, temp- orary, experienced real estate broker to negotiate for the City on the remaining parcels in the park and open space proposal, to assist in selling some lots we have, and to work with the HRA in attempting to put together some type of feasible. housing program to satisfy Metropolitan Council and HUD requirements if we are to remain eligible for various types of Federal largesse. I propose a salary of $150 per month for the next twelve months for this position. The work would be concentrated during July, August, September and October and next May and June. Among the candidates I have in mind is Arthur C. Bredesen, Jr., whose background is well -known to you. WCH /fbh RESOLUTION OF APPRECIATION WHEREAS, FRANK S..DEAN has been a member of the Planning Commission of the City of Edina since his appointment by the City Council on May 7, 1973; and WHEREAS, FRANK S. DEAN brought the benefit of his experience and gave of his time, knowledge, and talents to perform the various duties and responsibilities of the Planning Commission; and WHEREAS, FRANK S. DEAN, by his efforts for the residents of Southwest Edina during the formulation of the Southwest Edina Land Use Plan, by his actions while serving as a member of the Board of Appeals.and Adjustments of the City of Edina from June 21, 1971 to May 7, 1973, and by his actions while serving as a member of the Planning Commission, contributed greatly to the orderly growth and development of the City of Edina and has deservedly held the full respect and regard of his fellow members of the Commission; NOW, THEREFORE, BE IT RESOLVED that the members of the Planning Commission of the City of Edina on this 7th day of July, 1976, do hereby extend their sincere appreciation for the services and contributions of FRANK S. DEAN and do hereby express.their personal thanks for his devotion to the fulfillment of his duties and responsibilities as a member of the Edina Planning Commission. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to FRANK S. DEAN and to the Edina City Council, and that it be spread upon the pages of the minutes of the Planning Commission meeting held July 7, 1976. W. W. Lewis, Chairman Mary McDonald Samuel P. Hughes Clifford E. Johnson David T. Runyan Gordon V. Johnson Richard E. Kremer Helen McClelland Vill iQ DORSEY, WINDHORST, HANNAFORD,WHITNEY 8, HALLADAY JOHN W W'INDHORST ROBERT A STRUYK 2300 FIRST NATIONAL BANK BUILDING ROBERT A HEIBERG ROBERT L. ROBBINS - Y H HENRALLADAY - MICHAEL A. OLSON _ JULE HANfIAFORD LAP,RY W JOHNSON MINNEAPOLIS, M I N N E S O TA 55402 ARTHUR B. WRITHE TH OM.AS SHAY JOHN D. KIRDY BARRY D GLAZER ROBERT A SCHWARTZBAUER PETER S HENDR!XSON RUSSELL W. LINDQUIST G. LARRY GRIFFITH - pAVID N- FRONEK NICK RHAY THOMAS W TINKHAN- IftVING WEISER DAVID R. SRI NK CRAIG A. BECK - HORACE EHITCH - DAVID LMcCUSKEY (812) 340 -2600 - JON F. TUTTLE STEPHEN E GGTTSCNALK EMERY W BARTLE THOMAS W OTTSS - VIRGIL HHILL iHCMAS O. MOE ROBERT V. TARBO% JAMES H. OHAGAN RORER T J. JOHNSON JOHN M. MASON - CABLE: DOROW WILLIAM A. JOHNSTONE KENNETH L CUTLER K. CHAMER DAVID MAYNARD B HASSELOUIST MICHAEL W WRIGHT - PETER DORSET LARRY L. VICNREY - TELEX'29 -0605 ' ROUINLAN MICHAEL MICHAEL J. RADMEfl JAMES R, PIELEMEIER MICHAEL TRUCANO .GARY M. JOHNSON JOHN P VITKO THOMAS W FINN GEORGE P. FLANNERY LOREN R. KNOTT TELECOPIER: (612) 340 -2868 CURTIS L. ROY PHILLIP H. MARTIN - - DON D. CARLSON JAY L. BENNETT PAUL J. SCHE ERER ROBERT G. BAYER ARTHVR E. WEISB ERG REFSE C. JOHNSON OVANE E. JOSEPH CHARLES J. HAUENSTEIN 1468 W —FIRST NATIONAL BANK BUILDING - DAN F. NICOL SUZANHE B. VANDYK KENNETH A. IVERSON STUART R. HEMPHILL JAMES B. VESSEY CHARLES A. GEER ST. PAU L, M I N N ESOTA 55101' WILLIAM A WHITLOCK JOHN C. ZWAKMAN JAMES A FLAOER J. DAVID JACKSON - EDWARD J. SCH'WART20AUER JOHN R. WICKS - - (612) 227— 8017 . DAVID L BO MARTIN N DOUGLAS L RAY WILLIAM E. MARTIN DOUGLAS C RA7 - - .THOM AS IN BROWN EUGENE L. JOHNSON CORN ELI US D. MAHONEY. JR JOHN W. WINDHORST. JR: 115 THIRD STREET SOUTHWEST - -WILLIAM C BABCOCK MICHAEL PRICHARD FRANK H. VOIGT � STEVEN F. WOLGAMOT WILLIAM H. HI PPEE, JR. J.MAROUIS EASTWOOD THOMAS S. ERICKSON WILLIAM R. SOTH ROCHESTER, ESTER, MIN NESOTA 55901 ROBERT A. BURNS EDWARD J. FLUIMER MICHEL ALAFOND KEN1'IETH W. ERICKSON MICHAEL E. DRESS RICHARD G. SWANSON - (507) 288 -3156 - ROGER J- MAGNUSON OWEN C. MARX - RAYMOND A. REISTER FAITH LOANHE DAVID J. ROBERT HIBBS JAMES E. BOWLUS - - JAY F. COOK BERN RTAYLOR T .SILVER BERNARD G. HEINZEN ROBERT J. MANTHEY WILLIAM J. HEHPEL � THOMAS R. MANTHEY - � STANLEY M. REIN OF COUNSEL CHARLES L POTUZNIK - DONALD WEST JOHN S. HIBBS WILLIAM R. HIBBS July ROBERT O. FLOTTEN PHILIP F. BOELTER J y 7 , 1976 VERLANE L ENDORF WALDO F. MAROUART DENNIS P BURATTI GEORGE E.ANDERSON JOHN D. LEVINE WILLIAM B. PAYNE - GEORGEANN DECKER ROBERT L VANFOSSEN - Mr. J. N. Dalen Edina Finance Director 4801 West 50th Street Edina, Minnesota 55424 Re: Sale of Braemar Park Property to Hennepin County Dear Jerry: Hennepin County has added two paragraphs to the deed that we pre- pared and sent to them relative to the above matter. These two paragraphs, in effect, release all right of access to County Road 18 from the property retained. They are bracketed'in red on the attached copy of the deed. Please review these paragraphs and advise me if acceptable. - If they are acceptable to the City - staff, then the.matter should be placed on the agenda of the City Council so they can be advised . of these conditions and approve them as inclusions in the deed. It is also necessary that we obtain and forward to Hennepin County Own.er"s Duplicate Certificate of Title No. 337196. L presume you have that in your file. I would - appreciate your sending it to me so that I will have it for completion of this transaction once the deed has been approved by the City Council. Possibly this can be,on the agenda for Monday night. Very truly yours, TSE /abc Th ma y i ckson`_ .cc w /enc.: Mr. Robert C. Dunn Mr. Kenneth E. Rosland cc w/o enc.. *Ms. Florence Hallberg Mr..Warren C. Hyde CURRENT ASSETS Cash: Demand Deposits Working Fund Investments Due from Other Funds Loan to Other Funds Inventory: Liquor Wine Beer and Mix Prepaid Expenses: Unexpired Insurance Supplies Inventory LIQUOR FUND BALANCE SHEET . CITY OF EDINA As at May 31, 1976 ASSETS. TOTAL CURRENT ASSETS. FIXED ASSETS AT COST: Land Land Improvements Buildings Furniture and Fixtures Leasehold Improvements Less: Allowance for Depreciation and Amortization C n traction in Pro Vass JT $ 384,077.41 3,500.00 $ 387,577.41 102,954.86 174.75 415,000.00 $ 448,114.74 161,403.65 15,330.46 624,848.85 $ 10,067.48 400.00 10.,467.48 $1,541,023.35 $ 151,448.85 $ 21,803.72 455,911.08 149,325.01. 3,035.55 $630,075.36 199,542.75 430,532.61 $ 581,981.46 o s g 2;633.64 584,615.10 • TOTAL ASSETS $2,125,638.45 LIABILITIES AND SURPLUS CURRENT LIABILITIES: Trade Accounts Payable $ 78,291.94 Accrued Payroll 3,807.47 $ 82,099.41 Surplus Invested in.Fixed Assets $ 584,615.10 Unappropriated 1,458,923.94 2,043,539.04 TOTAL LIABILITIES AND SURPLUS 2,125,638.45 LIQUOR DISPENSARY FUND COMPARATIVE STATEMENT OF IN(:OME AND EXPENSE CITY OF EDIPIA Five Months Ending May 31, 1976 and May 31, 1975 ' INCREASE - DECREASES ' 1976 Grandview ' Total 58th St. Yorkdale -. Grandview ToE81 .'.50th St. Yorkdale Grandview Tetel 0 York -iisl* ALES: Liquor $207,342.85 $381,113.91 $307,816.90 $ 896,273.66 $294,442.30 $440,856.44 $302,989.97 $1,038,288.71$ 87,099.45* 27,581.37* $ 59,742.5 3*$ 4,826.93 $142,015.05* 10,656.58* 10,298.75 27,939.20* wine 61,068.53 138,372.90 98,388.08 297,829.51 88,089.33 105,397.64 149,029.48 143,267.88 88,089.33 80,867.17 325,768.71 329,532.69 39,621.00* 23,617.60* 3,506.39 59,732.21* Peer 65,776.64 119,650.28 84,373.56 8,752.34 269,800.48 26 272.22 9 514.99 13 972.14 9,637.65 33 124.78 3,791.43* 2 175.82* 885.31 * - 6'852.56* Pit and Miseellaneosq 5,723.56 11 796.32 499,330.88 1,490,175.87 $498,004.83 747,125.94 $481,584.12 1,726,714.89 158,093.25* 96,192,53 17,746.76 $236,539.02* Less bottle refunds . 339,911.58 6 420.24 650,933.41 10 774.77 8,739.30 25 934.31 8,456.59 11 341.93 7.961.85 27 760.37 $1,698,954.52$156,056.90* 2,036.35* 567.16* 777.45 $ 95,625.37*$16,969.31 $234,712.96* 1,826.06* NET SALES $333,491.34 $640,158.64 $490,591.58 $1,464,241.56 $489,548.24 $735,784.01 $473,622.27 .C;T OF SALES: Inventory- lanuo4 172,534.05 214,596.83 219,022.28 606,153.16 191,471.96 210,403.16 218,397.83 620, 272.95 18,937.91* 160,903.94* 4,193.67 624.45 111,851654* 7,609.28* 14,119.79* 280,364.76* Purchescs 282,023.92 539,395.82 _431,058.42 $650,080.70 1,252,478.16 $1,858,631.32 442,927.86 $634,399.82 651,247.36 $861,650.52 438.667 70 $657,065.53 1,532 842.92 $2,153,115.87$179,841.85* $107,657.87*$ 6,984.83*$294,484.55* Inventor'- May 31 $454,557.97 169.350.04 $753,992.65 221,938 85 233.559.96 624,848.85 _ 224,201.89 260,105.18 261,801 04 746,108 11 54,851.85* 38,166.33* 28,241.08 $ 256.25 $173 69 491.54* 21, 121,259.26 2 25.29* $285 207.93 $532,053.80 $416,520.74 1 233.782.47 $410.197.93 $601,545.34 $395,264.49 $ 78,357.78 $1,407,007.76$124,990.00* `� _� $ 291,946.76$ 31,066.90* $ 26,133.83*$ 4,286.94 *$ 61,487.67* GROSS PRA $T"'48 .41 $108,104.84 $ 74,080.84 $ 230,459.09 $ 79,350.31 $134,238.67 f OPERATING EXPENSES 24,122.86 27,569.94 21,694.42 73,387.22 29,061.03 27,581.75 22,172.38 78,815.16 4,938.17* 11.81* 477.96* 136.23* 5,427.9 14.22 Scl;ing Overhead 5,381.17 10,949.01 8,817.86 25,148.04 5,397.85 10,781.88 8,954.09 17 001.03 25,133.82 53,566 93 16.68* 3,800.24 167.13 3,860.65 4,498.09 12,158.98 Administrative 21 337.87 22 888.92 21 499.12 65 725.91 17 12 537.63 $ 51,996.51 19 028.27 $ 57,391.90 $ 48,127 50 $ 157, 515 91$ 1,154.61* $ 4 015.97 $ 3 883.90 + $ 6,745.26_ TOTAL OPERATI �$ 50,841 90 $ 61,407 87 $ 52,011 40 $ 164,261 EXPENSE NET OPENSiNG$ 2,558.49*$ 46,696.97 $ 22,059.44 $ 66,197.92 $ 27,353.80 $ 76,846.77 $ 30,230.28 $ 134,430.85$ 29,912.29* $ 30,149.80*$ 8,170.84*$ 68,232.93* PROFIT OTHER INCOME: 2,828.55 6,324.59 4,646.05 13,799.19 1,942.33 3,167.83 2,409.78 7,519.94 886.22 3,156.76 2,236.27 34.47* 6,279.25* 35.9111 Cash Discouot Cash over or under 2.24 50.59 15.49 32.87* 2.95 95 49.87* 49.96 3.04 7,825.00 .71* 7,825.00* .73* 7,825.001 Income on in►er -- 2,095.18 2,202.29 1,649.81 5.947.28 7,825.00 723.80 723.80 1 371.38 2 202.29 1,649.8 1 5,223.48 3,641.82' Other $ 4,925 97 $ 8,476.28 $ 6,311 35 $ 19,713.60 $ 10,494.08 $ 3.117.96 $ 2,459.74 $ 16,071.78$ $ 150,502.63$ 5.568.11* 35,480.40* $ 5,358.32 $ 3,851.61 $ 24.791.48* 4 319.23 *$ $ 64,591.111 NET INCOMI $ 2,367.48 $ 55,173 25 $ 28,370 79 $ 85,911 52 $ 37,847 88 $ 79.964 73 $ 32 +690.02 PERCENT TO NET SALES:. 14.48% 16.89% 15.10% 15.74% 16.21% 18.24% 16.54% 17.181 Gress profit 15.25 9.59 10.60 11.22 10.62 7.80 10.16 9.27 Operoting expenses ` %* 7.30% 4.50% 4.52% 5.59% 10.44% 6.38% 7.91% Operating profit Other inccme .77 1.48 1.32 1.29 1.35 2.14 .42 .52 .95 NET INCOM .71% 8.62% 5.79% 5.87% 7.73% 10.86% 6.90% 8.86% 'P ms oja-eAd (41.., -r llll� 4-1.41 Jam. 6a�-h �JVz "A�VAdr- C'S� A-L xL -1-a A4 --3 0 w.. 19h TOz Mayor James VanValkenburg Council members, C. Wayne Courtney Frederick S. Richards June Scbmidt iNilli s F. Shaw From: John D. Telfer, Vice Chair. Edina 7nvironmental Quality Commission Subject: ydrkpatrick Addition Request for four lot subdivision As you kno:v, the suaject property is located at Olinger Road and Olinger Boulevard, partially theaenclosedepl2ta�V The wetland is mostly City owned as sho'tidn y At the June 289 1976 E.Q.C. meeting we iroted in favor of the subdivision as recommended by Staff, expressing our desire, too, that care be exercised to protect the wetland. In retrospect, however, I feel negligent in not pursuing y further the suggestion by one of the members that the drivers f er Road be eliminated and access be directly from lot No. 1 to Olinger to Olinger Boulevard. from lot T'o. 1 and lot NO- I,ari$ing the This could provide additional protection by om the pond. home sites, 5h lots 3 & 49 44 feet further away n Environmentalist Les Blacklock's July, 1971 report on the I onds I have A ,; t border. food duc -:s mud Lake area he stateeT Roadeonf tAe ortheaswildli a pu� :ringed seen is just off Olinger the most beautiful of `'in our paiterfo -, 'tlesl and dother pond teal, green herons, redw g t e there now." duellers al tion is not p ossible If it should be determined that the sugges concern that t'nis important or infeasible, at least I have reinforcednv "clean up" and from little p iece of -dina be .protected from beinin ~Che" �y erosion and siltation that miglt occur g , construction of homes. Telfer easr I L Z4.v-- lool I 1 � ,iov sv r ho .00,� owl CU oe / 1 �RwNACE EASEMEN7`��,� ol G� Eon, - pRpPOSFD�'� 'k ROP P \ RrY -poNO - - - I a • �I. C� z J O C GENE SYLVESTRE ASSOCIATES, 12006 BRIAR LANE, MINNETONKA, MINNESOTA 55343 • (612) 545 -8163 i June 25, 1976 I I Mr. Warren Hyde City Manager City of Edina 4800 West 50th Street Edina, Mn. 55424 Dear Warren, This is a sunuary of the consultative work done during the June 2-June 25, 1976 period: TYPE CF HOURS CCTSULTIMG MW WAS DONE SPENT DATES ORAL Worked with HRC chairwcmn to develop plans for July 6.5 6/2- 4 -7 -9- "goal setting" meeting of HRC. Contacted resource 15 -18 people who might conduct this special meeting. Helped plan kick -off - meeting of newly- formed.Project 5.5. - 6/3- 7 -9 -15 Charlie, a volunteer citizens' project developed to conduct education programs on chemical dependency. Attended meeting. Prepared monthly report on consultative activities 0.5 6/25 TCTAL HOURS: 12.5 C# DATE 76004701 6/1/76 76004706 6/1/76 76004714 6/1/76 76004718 6/1/76 76004722 6/1/76 76004727 6/1/76 76004743 6/2/76 76004747 6/2/76 76004751 6/2/76 76004760 6/2/76 76004763 6/2/76 76004768 6/2/76 76004776 6/3/76 76004784 6/3/76 76004789 6/3/76 76004793 6/3/76 76004794 6/3/76 76004796 6/3/76 76004820 6/4/76 76004827 6/4/76 76004833 6/4/76 76004834 6/4%76 - 76004837 6/4/76 76004856 6/5/76 76004857 6/5/76 76004865 6/5/76 76004864 6/5/76 76004882 6/6/76 76004887 6/6/76 76004909 6/6/76 76004910 6/6/76 76004923 6./7/76 76004931 6/7/76 76004932 6/7/76 76004936 6/7/76 76004945 6/7/76 76004947 6/7/76 76004952 , 'i;;6/7/76 76004958 6/7/76 76004966 6/8/76 76004982 6/8/76 76005010 6/9/76 76005018 6/9/76 76005023 6/9/76 76005028 060976 76005033 060976 76005044 6/9/76 76005049 6/9/76 COMMERCIAL AREA PATROL - INCIDENT STATISTICS June 1 , 1976 - June 30, 1976 TIME INCIDENT LOCATION DISP. 0125 0742 1348 1658 1907 2113 1150 1349 1458 1841 2005 2238 0934 1343 1533 1705 1759 2015 1437 1928 2120 2225 2348 1251 1300 1729 1721 0031 0158 1722 1759 0109 0730 0730 0931 1500 1520 1718 2022 0357 1500 0319 1137 1243 1444 1549 2120 0000 Damage to Property Alarm Loss of Property Shoplifting Suspicious Person Att. Agg. Forgery Shoplifting Shoplifting Theft from Auto Theft from Auto Shoplifting Alarm. Indecent Exposure Theft Car Fire Info -H &R PD Accident Auto Theft Shoplifting PD Accident Warrant Arrest Auto Theft Alarm Alarm Theft from Auto Shoplifting PD Accident Shoplifting Damage to Property Fight in Progress Shoplifting Shoplifting Curfew Alarm Alarm Theft from Auto Lost Property PD Accident Shoplifting H &R PD Accident Noise Damage to Property, Att. Theft from Auto Screams, Medical Theft from Business Theft H &R Accident Theft from Auto Exposer Alarm Southdale Bowl CONT Alarmex A &A S'dale Garden Court CONT Donaldson's CBA Byerly's A&A Target CONT Byerly's CBA Byerly's CBA Camel Lot CONT Fox Lot A&A Byerly's CBA Southdale Ford A &A Donaldson's Overflow GOA /UTL Penney's CONT Turtle Lot A &A Fox Lot A &A Owl Lot CONT Penney's CBA Exit from Southdale A &A Goose Lot ROA Tiger Lot CONT Gabberts A &A Cedric's A &A Raccoon Lot CONT Target CBA 68th & York Ave. A &A Penney's CBA Zapata's CONT. Zapata pkg. lot GOA /UTL Penney's CBA Donaldson's CBA 69th & York Ave. A&A Team Electronics A &A Liemondts A &A Owl Lot CONT Target CONT 69th & York Ave. A &A Dayton's CBA Galleria A &A Red Owl A &A Key Cadillac CONT Red Owl A &A Gigi -CONT Southdale Center CONT Byerly's A &A Alligator Lot CONT Southdale Bus Stop GOA /UTL York Liquor Store 0TH COMMERCIAL AREA PATROL - INCIDENT STATISTICS June 1, 1976 - June 30, 1976 C# DATE TIME INCIDENT LOCATION DISP. 76005078 6/10/76 1519 Info -H &R Accident Gopher Lot A &A 76005082 6/10/76 1712 PD Accident 68th & York Ave. A &A 76005085 6/10/76 7 -742 Shoplifting Sho p Dayton's CBA 76005112 6/11/76 0832 Alarm Goodman Jewelers A &A 76005118 6/11/76 1141 Shoplifting Donaldson's CBA 76005122 6/11/76 1309 Shoplifters Donaldson's CBA UNF 76005125 6/11/76 1336 Theft Foxmoore Thayer McNeil CONT 76005126 76005139 6/11/76 6/11/76 1408 1834 Theft Theft from Auto Alligator Lot CONT 76005140 6/11/76 1859 Theft from Auto Donaldson's Lot CONT 76005168 6/12/76 1146 PD H &R Accident Southdale Bowl 0TH 76005173 6/12/76 1453 Audible Alarm Fox Lot Donaldson's A &A CBA 76005175 6/12/76 1545 Shoplifting Team Electronics A &A 76005232 76005243 6/14/76 6/14/76 0153 1000 Alarm Lost Property Southdale Center A &A 76005253 6/14/76 1608 Shoplifter Donaldson's CBA CBA 76005258 6/14/76 1812 Theft' Target Southdale Area A&A 76005261 76005269 6/14/76 6/14/76 1923 2357 ATL Alarm Team Electronics UNF 76005270 6/14/76 2357 Alarm Liemandt's Thayer McNeil UNF CONT 76o05284 76005285 . 6/15/76 6/15/76 1359 1426 Theft Shoplifting Donaldson's CBA 76005331 6/16/76 1802 Car Fire Kangaroo Lot Voyageurs Outpost A &A CONT 76005335 76005337 6/16/76 6/16/76 2002 2113 Theft Info: H &R PD Accident Turtle Lot A &A 76005339 6/16/76 2218 Theft from Auto Target CONT 0TH 76005353 6/17/76 1158 Exposure Tiger Lot Donaldson's CBA 76005355 76005359 6/17/76 6/17/76 1235 1406 Shoplifting Theft from Auto Turtle Lot CONT 76005361 6/17/76 1425 H &R Accident Southdale Center A &A 76005365 6/17/76 1555 Tampering with Auto Owl Lot County Seat A &A A &A 76005369 6/17/76 1740 Medical Penney's CBA 76005372 6/17/76 1851 P.C. Forgery YMCA CONT 76005391 76005410 6/18/76 6/18/76 0923 1621 Theft PD H &R Accident Galleria pkg. lot A &A 76005414 6/18/76 1915 Medical Donaldson's Turtle Lot A &A 0TH 76005417. ,..6/18 76005438w,° /76 6/19/76 1934 0147 Found Dog Public Assist Southdale Bowl A &A 76005452 6/19/76 1520 PD Accident France & 70th St. A CBA CB 76005454 6/19/76 1549 Shoplifting CBA 76005456 6/19/76 1643 Shoplifting Target Target T CBA 76005459 6/19/76 1706 Shoplifting Dayton's Gas Dayton's D UNF 76005466 .6/19/76 2008 Open Door Target CBA 76o05464 6/19/76 1940 Shoplifting Audio King UNF 76005501 6/20/76 1143 Alarm Schmidt Music UNF 76005502 76005505 6/20/76 6/20/76 1203 1249 Alarm Shoplifting Target CBA 76005509 6/20/76 1441 H &R PD Accident Giraffe Lot A &A CBA 76005507 6/20/76 1427 Poss. Marijuana Goose Lot Penney's Auto Care A &A 76005554 6/21/76 1643 Dispute YMCA A &A 76005555 6/21/76 1659 Welfare Check Penney's CBA 76005564 6/21/76 2126 Shoplifting Gigi A &A 76005579 6/22/76 0916 Fire Alarm COMMERCIAL AREA "PATROL - INCIDENT STATISTICS June 1, 1976 - June 30, 1976 C# DATE TIME 76005582 6/22/76 1126 76005590 6/22/76 1643 76005591 6/22/76 2017 76005603 6/23/76 1123 76005617 6/23/76 2100 7600563o 6/24/76 0420 76005638 6/24/76 1021 76005645 6/24/76 1254 76005653 6/24/76 1613 76005654 6/24/76 1616 76005657 6/24/76 1705 76005659 6/24/76 1805 76005663 6/24/76 2000 76005668 6/25/76 0417 76005676 6/25/76 1233 76oO5677 6/25/76 1233 76005688 6/P5/76 1744 76005689 6/25/76 1751 76005697 6/25/76 2o4o 76005702 6/26/76 ool8 76005710 6/26/76 o403 76005718 6/26/76 1048 76005721 6/26/76 1217 76005724 6/26/76 1457 76005726 6/26/76 1512 76005725 6/26/76 1751:1, . 76005737 6/26/76 1902 76005745 6/26/76 2345 .76005772 6/27/72 1302 76005773 6/27/76 1337 76005780 6/27/76 1645 76oO5785 6/27/76 1834 r DEFINITION OF DISPOSITION CODINGS: INCIDENT LOCATION Shoplifting Shoplifting Shoplifting Damage to Property Shoplifting Suspicious Persons Locked Vehicle Insufficient Funds Poss. Stolen Property PD Accident PD Accident Theft from Auto PD :.Acc i�dent Alarm Medical Emergency Marijuana Possessing Weapons Violation, Poss. of Marijuana ,Shoplifting Shoplifting Damage to Property Curfew Found Dog Found Property Shoplifting, Resisting Arrest, Disorderly Conduct Assault Shoplifting Till:Tap Alarm Susp. Circumstances Medical Emergency Shoplifting Missing Child Bike Theft DISP. Donaldson's CBA Dayton's CBA Dayton's CBA Turtle Lot A &A Target 0TH Key Cadillac A &A Dayton's Garden StoreA &A Spencer Gifts CONT Southdale Center 0TH Dayton's overflow A &A Dayton's overflow A &A Fox Lot CONT 70th & York Ave. A &A Byerly's A &A Target A &A Southdale Center CBA Southdale Center CBA Walgreens A &A Dayton's CBA Southdale Bowl CONT Southdale Bowl CBA Target 0TH Alligator Lot OTH Penney's CBA Donaldson's Shelly's Tall Girl Donaldson's Key Cadillac Southdale Center Penney Is Southdals Garden Court Target ROA Referred to Other Agency GOA /UTL Gone on Arrival /Unable to Locate A &A Assisted and Advised UNF Unfounded CONT Continued 0TH Other EC Exceptional Clearance CBA Cleared by Arrest CBA CONT A &A A &A A4A CBA 0TH CONT Walgreens A &A Dayton's CBA Southdale Bowl CONT Southdale Bowl CBA Target 0TH Alligator Lot OTH Penney's CBA Donaldson's Shelly's Tall Girl Donaldson's Key Cadillac Southdale Center Penney Is Southdals Garden Court Target ROA Referred to Other Agency GOA /UTL Gone on Arrival /Unable to Locate A &A Assisted and Advised UNF Unfounded CONT Continued 0TH Other EC Exceptional Clearance CBA Cleared by Arrest CBA CONT A &A A &A A4A CBA 0TH CONT Donaldson's Shelly's Tall Girl Donaldson's Key Cadillac Southdale Center Penney Is Southdals Garden Court Target ROA Referred to Other Agency GOA /UTL Gone on Arrival /Unable to Locate A &A Assisted and Advised UNF Unfounded CONT Continued 0TH Other EC Exceptional Clearance CBA Cleared by Arrest CBA CONT A &A A &A A4A CBA 0TH CONT �o > M� � H W • ��� �riv ctziF'� �� 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 227- 9421 June 16, 1976 TO: METROPOLITAN AREA CITIZENS AND GOVERNMENTAL OFFICIALS Attached is a draft of the "Rules and Regulations for the Review of Matters of Metropolitan Significance" that has been prepared for purposes of discussion and to receive public comment. For this _purpose, a public hearing will be held on Monday, July 19, 1976, commencing at 1:30 p.m. , and reconvening at 7 :3 0 p.m., in the Metropolitan Council Chambers, 3 00 Metro Square Building, Seventh and Robert Streets, St. Paul, Minnesota 55101. The Metropolitan Council is directed by Minnesota Statutes to adopt regulations establishing standards, guidelines and procedures for determining whether any proposed matter is of "metropolitan significance" and to establish a. procedure for the review and final determination on such matters. These regulations dealing with proposed matters of "metropolitan significance" must be adopted by the Council by September 1, 1976. All interested persons are invited to participate in this public hearing process. Statements may be made orally or submitted in writing at the hearing. In addition, written materials may be submitted by mail to Howard Kaibel, State Office of Hearing Examiners, 1745 University Ave. , St. Paul, Minnesota 55104, either before the hearing or within 20 days after the close of the hearing. Persons wishing to speak at the hearing may register in advance by contacting the State Office of Hearing Examiners in writing or by contacting the Metropolitan Council at 291 -6482. The procedures for conducting this hearing will be those established by the State Board of Hearing Examiners in Minnesota Regulations H. E. 101 et seq. Additional copies of the proposed rules may be obtained by writing the Metropolitan Council, 300 Metro Square Building, St. Paul, Minnesota 55101 or by calling 291 -6464. A written summary describing the basis for the composition of the draft regulations and a "Statement of Evidence" outlining the testimony the Council will be introducing will be filed with the Hearing Examiner's Office at least 25 days -prior to the hearing and will be available there for public inspection. Enc. /l 4 S' ce 2�� J hn Boland, Chairman An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver?County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County METROPOLITAN COUNCIL 300 Metro Square Building, Saint Paul, Minnesota.55101 PROPOSED RULES AND REGULATIONS FOR THE REVIEW OF MATTERS OF METROPOLITAN SIGNIFICANCE HEARING DRAFT Approved by the Metropolitan Council June 10, 1976 The Public Hearings on this Draft will be held at 1:30 P. M. and 7 :30 P.M. Monday, July 19, 1976 in the Metropolitan Council Chambers 300 Metro Square Building 7th and Robert Street St. Paul, Minnesota- 55101 CONTENTS Page MC 1 PURPOSE AND SCOPE 1 MC 2 THRESHOLDS AND STANDARDS FOR DETERMINING 1 METROPOLITAN SIGNIFICANCE MC 3 . LOCAL COMPREHENSIVE PLAN EXEMPTION 2 MC 4 CATEGORIES OF EXEMPT MATTERS 2 MC 5 INITIATION 3 MC 6 COMMENCEMENT 3 MC 7 METROPOLITAN SIGNIFICANCE REVIEW 4 MC 8 COUNCIL DETERMINATION 7 MC 9 TERMINATION, SUSPENSION, TIME CHANGE 8 MC 10 GENERAL REVIEW PROVISIONS 8 MC 11 DEFINITIONS 9 METROPOLITAN COUNCIL OF THE TWIN CITIES AREA Rules and Regulations CHAPTER ONE PROPOSED RULES AND REGULATIONS FOR THE REVIEW OF MATTERS ALLEGED TO BE OF METROPOLITAN SIGNIFICANCE MC 1 PURPOSE AND SCOPE. The purpose of this chapter is to implement Minn. Stats. Sec. 473.173, as amended by laws 1976, Chapter 321, Sec. 2, which requires that the Metropolitan Council adopt and put into effect regulations establishing standards, guidelines and procedures for determining whether any proposed matter is of metropolitan significance. This chapter shall govern the review of all proposed matters alleged to be of metropolitan significance initiated pursuant to the above statute. It is the purpose of these regulations to assure that the total effect of a proposed matter of metropolitan significance is considered and the orderly and economic development of the area is promoted, thereby protecting the health, safety, and welfare of the residents of the area. MC 2 THRESHOLDS AND STANDARDS FOR DETERMINING METROPOLITAN SIGNIFICANCE. The following are the exclusive thresholds and standards for determining whether a proposed matter . is of metropolitan significance. Unless exempted pursuant to these regulations, a proposed matter subject to the review provided herein shall be determined to be of metropolitan significance if the Council finds that it may cause any of the following effects. Matters which the Council finds will not result in either the requisite threshold generation or one of the listed effects shall not be determined to be of metropolitan significance. The standards listed in paragraphs (a) and (b) shall become effective immediately upon adoption of these regulations. MC 2 (c) shall become effective in accordance with the provisions contained in MC 3. (a) Metropolitan System Effects (1) The discharge of fifty thousand (50,000) or more gallons of sewage per day and a a substantial effect on a receiving public sewer facility or on the plans for such a facility contained in a metropolitan system plan. (2) The future violation or change of a condition relating to sewage effluent contained in a national pollution discharge elimination system permit for the discharge of sewage effluent in the metropolitan area. (3) The construction of any public sewer facility in conflict with an approved local comprehensive sewer plan or a metropolitan system plan. (4) The generation of fifteen thousand (15,000) or more person trips per day or fifteen hundred (1, 500) or more person trips in any one hour and a substantial effect on a metropolitan transportation facility or on a plan for such a facility contained in a metropolitan system plan. (5) A substantial change in the location, function, or practical service capacity of the whole or any segment of an existing metropolitan transportation facility or on a plan for such a facility contained in a metropolitan system plan. (6) A substantial change in the location, size, function or characterbf: (aa) An existing or proposed regional recreation open space designated in a metropolitan system plan whose boundaries are delineated in a metropolitan system plan or a master plan approved by the Metropolitan Council pursuant to Minn. Stat. Sec. 473.313, or (bb) The Minnesota Zoological Garden. (7) A substantial change in the location, size, function, or character of an existing metropolitan airport, or an airport or airport site designated as a planned metropolitan airport facility whose boundaries are delineated in the airport chapter of the Metropolitan Development Guide or in an airport master plan which has been accepted by the Metropolitan Council. (8) (aa) The issuance of a land use permit for a critical development in the rural service area, which can reasonable be expected to lead to (bb) The premature expansion, construction or extension of use in excess of capacity of a public sewer facility or a metropolitan transportation facility or the disruption of agricultural use in a commercial agricultural area as identified in the Development Framework chapter of the Metropolitan Development Guide. (b) Local Governmental Unit Effect. A substantial effect on existing or planned land use or development within a local governmental unit other than the sites governmental unit. (c) Accepted Local Comprehensive Plans. A matter not consistent with the local comprehensive plan accepted by the Council or adopted pursuant to Laws 1976, Chapter 127, Sections 8 to 12, or a matter that is not consistent with the metropolitan system plans on which the local comprehensive plan has been based. MC 3 LOCAL COMPREHENSIVE PLAN EXEMPTION. (a) Proposed matters sited in a local governmental unit having a comprehensive plan prepared and adopted in accordance with Laws, 1976, Chapter 127, Sections 8 to 12, shall only be subject to metropolitan significance standards MC 2(a)(2)and MC 2(b)and (c). (b) Following the transmission of a metropolitan systems statement, in accordance with Laws 1976, Chapter 127, Section 5, and prior to the adoption of a local comprehensive plan in accordance with Laws 1976, Chapter 127, Sections 8 to 12, the Council may by resolution act to exempt a local governmental unit having an adopted local comprehensive plan reviewed by the Council from all or part of the metropolitan significance standards set forth in MC 2 (a) and to apply the metropolitan significance standard set forth in MC 2 (c) MC 4 CATEGORIES OF EXEMPT MATTERS. Proposed matters within the following categories shall not be determined to be of metropolitan significance and may be exempted from review . In accordance with MC 10 (c) or at the conclusion of an initial metropolitan significance review. (a) Previous Approval. Any matter proposed by a metropolitan commission or the Metropolitan Airports Commission which has been or will be subject to review and approval by the Council as part of a metropolitan system plan; any matter which has been previously approved by the Council in accordance with Minn. Stat. Section 473.167; or any matter for which a final determination has been made pursuant to these regulations unless the matter has been materially altered subsequent to the final determination. (b) Exclusive Comprehansive Review. Any matter subject to review and approval pursuant to Minn. Stat., Chapter 116C. (c) Emergency Matter. The Counil may issue a letter of interpretation pursuant to MC 10 (c) determining that a proposed matter must be immediately undertaken to prevent or mitigate an emergency. In reaching that determination the Council shall consider the following: the probable consequences of the alleged emergency; the degree to which the alleged'emergency circumstances were reasonably foreseeable; the availability of alternate means of alleviating the alleged em- ergency; the probable effect of the proposed matter in preventing or mitigating the emergency circumstances. (d) Minor Alterations. Any matter consisting exclusively of administrative or maintenance activity, or the transfer of ownership, or the operation, restoration, replacement, reconstruction, repair or minor alteration or addition to an existing public or private structure or facility, or to lands or waters within the metropolitan area which involve only a negligible expansion or change of use or use intensity. (e) "Vested Rights. Any matter for which all applicable land use permits have been issued and on which substantial construction has commenced prior to the initiation of a significance review. -2- MC 5 INITIATION (a) Initiators. The Council may by resolution initiate a review of any matter which may be of metropolitan significance, and shall initiate a review of any matter alleged to be of metropolitan significance, and shall initiate a review of any matter alleged to be of metro- politan significance upon the receipt of any of the following documents requesting a review which are accompanied by an adequate information submission: (1) A resolution from a situs governmental unit; (2) A resolution from an affected local governmental unit, school district or independent commission; (3) A petition signed by at least 5,000 residents of the metropolitan area 18 years of age or older designating no more than three persons to act as initiators on behalf of the petitioner,, (4) A resolution-or letter from a duly authorized executive_ officer or governing body of a state agency; (5) A resolution or letter from a duly authorized executive officer or governing body of any sponsor; (6) A resolution from any metropolitan commission. (b) Information Submission. An information submission from-the initiator shall contain all information, fact and opinion within their knowledge bearing on the applicability of these regulations and the significance and effect of the proposed matter which contains at least the following:. (1) The names and addresses of the initiator, the sponsor and the situs governmental unit(s); (2) A description of the proposed matter including its planned character, location, function, use and size; (3) A statement of the standards contained in MC 2 which it is alleged caused the matter to be of metropolitan significance, and a discussion of why it is not exempt pursuant to MC 4, including facts and opinion upon which such statement and discussion are based; (4) Information submissions accompanying resolutions or letters submitted pursuant to MC 5 (a) (2) , (4) , (5) , and (6) shall include a statement of interest containing a, comprehensive discussion of the effect(s) the proposed matter will have on extsting•or planned land use or development within their jurisdiction. MC 6 COMMENCEMENT (a) A significance review initiated by the Council shall commence on the.day following the adoption of an order to commence a significance review by the Council. Notice of the commencement of.a significance review shall be transmitted in accordance with MC 6 (e) . (b) Upon the filing of a resolution, petition, or letter of initiation, accompanied by an information submission, the Council Chairman shall Immediately review the material to determine: `(1) Whether it is in compliance with and satisfies the requirements contained in MC 5 (a) , MC 5 (b) and (2) Whether the review has been initiated in bad faith or is a sham, capricious, frivolous, and -3- (3) Whether, if the initiation is pursuant to MCS (a) (2), the information submission makes out a colorable claim that the proposed matter will have an effect on the existing or planned land use or development within the initiator's jurisdiction. In making this determination, the Chairman may meet with the initiator, situs governmental unit, and the sponsor and additional information may be requested. (c) If the Chairman determines that the initiation complies with all requirements, he shall immediately commence the significance review by issuing an order for commencement effective as of the date of the receipt of the resolution, petition or letter of initiation and an adequate information submission. (d) If the Chairman determines that the initiation does not satisfy these requirements, he shall immediately inform the person requesting the initiation of- that determination and the basis therefore and that person may appeal the Chairman's decision to the full Council. The Council shall review the request for initiation at a public meeting and may direct the issuance of an order for commencement. (e) Notice of the commencement of a significance review shall be served on the initiator, sponsor, situs governmental unit(s), adjacent governmental units, metropolitan commissions and the advisory committee and shall contain the order for commencement, the initiating docu- ments, the information submission or a summary, and a schedule for the metropolitan significance review. Notice that a significance review has been commenced shall be published in the next following issue of the Council bulletin. MC 7 METROPOLITAN SIGNIFICANCE REVIEW (a) Significance Review Committee. Immediately following the commencement of a signifi- cance review, the Chairman shall designate a significance review committee composed of not more than seven (7) individuals or less than three (3) individuals who are members of the Council or the advisory Land Use Committee. At least one advisory committee member and one Council member shall be appointed to all significance review committees. At any time prior to the commencement of the public hearing, the committee may delegate responsibility for the conduct of such hearing and other relevant portions of the significance review to a hearing examiner, the hearing shall be conducted in accordance with the regulations of the State Office of Hearing Examiners, Minn. Reg. HE201 at seq. , to the extent such rules are not inconsistent with the times and procedures specified in these regulations. The report and recommendations of a hearing examiner appointed by the committee shall be transmitted to the committee, which shall review such recommendations, and accept, reject or modify them in adopting committee findings and recommendations pursuant to MC 7 (1) . (b) Preliminary Statement and Information Submission. (1) The sponsor, initiator, situs governmental unit(s) and any other person may submit a preliminary statement containing information, facts and opinions bearing on the applicability of these regulations, the significance and effect of the proposed matter, and the appropriate remedy within twenty (20) days following the issuance of the order for commencement. In addition, the sponsor shall indicate all governmental reviews and approvals required in con- nection with the matter and their current status. (2) The sponsor, initiator, and situs governmental unit(s) shall submit plans, specifications, formal presentations, budget requests, and other information submitted by the sponsor to any governmental unit required to review, approve or consider making grants with respect to the proposed matter and any findings of such governmental unit. (c) Additional Information and discovery. (1) Following the submission of the preliminary statement, any party or person may voluntarily submit additional written information at any time, provided that the significance review committee shall establish a final date for the receipt of such information at the con- clusion of its public hearing for purposes of consideration and review. -4- (2) Any party shall make available, upon request, by the significance review com- mittee or any other party, all information which the party may have which is relevant to the matter under consideration. Any party shall also, upon request of any other party or the review committee, make available for inspection and copying any books, papers, records or other memoranda or documents relevant to the matter under consideration and shall allow Inspection, by any other party or the review committee,-of any premises relevant to the significance review. Upon approval by the hearing examiner or the chairman of the review committee, any party may propound written interrogatories to any other party and these written questions shall be answered upon a schedule approved by the Chairman or the hearing examiner. (3) The chairman of the significance review committee or the hearing examiner may request the submission of information from any party or person and may require the submission of information by any party by a specified date. (c) Additional Information. Following the submission of the preliminary statement, a party or person may voluntarily submit additional written information at any time provided that the significance review committee may establish a final date for the receipt of such information for the purposes of its consideration and review. The chairman of the significance review com- mittee may request the submission of information from any party or person and may direct the submis- sion of information by a party by a specified date. (d) Scope of Review. The significance review committee shall consider all standards set forth in MC 3 in connection with its review of a proposed matter regardless of whether issue is raised in the information submission. In addition, the committee may consider the effect or consistency of a matter as to all policies and plans adopted by the Metropolitan Council pro- vided chat only metropolitan system plan cons ideratio nsmay be utilized in any final determination. (e) Significance Review Report. At least ten (10) days prior to the public hearing conducted by the significance review committee, the Council shall prepare a written report discussing all information then submitted with regard to the proposed matter. To the extent practicable, at least one informational meeting shall be held prior to the preparation of this report, notice of which shall be transmitted to all parties and shall be made available for inspection and copying by any other person. Parties may submit statements concerning the contents of this report to the significance review committee at any time prior to the issuance of their review report. This report shall be presented at the hearing held by the review committee and its author shall be subject to examination thereon. The report shall contain: (1) A discussion of all information submitted and collected concerning the matter including the sources of such information, any inadequacies in the information and the reasons therefor,.and a list of all persons consulted and requested to submit information. (2) An objective description of the proposed matter referencing and discussing dis- agreements regarding facts about the proposed matter: (3) An objective description of the matter's apparent consistencies and inconsistencies with and effect upon metropolitan system plans and its effects on other local governmental units; a discussion of disagreements regarding the facts as to the matter's consistency effect and affect; and information regarding issues to be addressed at the public hearing. (4) A discussion of possible modifications to the proposed matter or to metropolitan system plans which could be made to eliminate inconsistencies or to alleviate adverse effects of the proposed matter; (5) A synopsis of any reports of findings of any other public agency reviews of the proposed matter. (f) Public Hearing. The significance review committee shall hold, or delegate to a Hearing -5- examiner the conduct of, at least one public hearing following notice to all parties at which all parties and other persons shall be given an opportunity to speak and present information on the applicability of the regulations, the .significance of the proposed matter and the review remedy. Notice of a public hearing held by the significance review committee shall be published in the Council buliatin and shall be served on all parties at least fifteen (15) days prior to the hearing. A standing committee of the metropolitan council or the advisory land use committee may hold meetings regarding the proposed matter and prepare and transmit such information, comment or recommenda- tion to the significance review committee as they deem apprcpriate. (g) Public Hearing Procedures. Public hearings held pursuant to these regulations shall be conducted in a manner designed to protect the rights of all parties and insure fundamental fairness. The following procedures will be followed: (1) Only evidence formally presented to the hearing examiner or significance review panel shall be considered in making the final decision by the hearing examiner, committee or council. (2) All evidence received shall be taken under oath. (3) All witnesses may be subject to cross- examination by other parties. (4) Relevant information shall be subject to discovery by the Council and all parties as specified in MC 7 (c) . (5) All hearings shall be transcribed or tape recorded. (6) The findings or recommendations of the hearing examiner to the committee or of the significance review committee to the Council shall be available to the parties prior to final action by the significance committee or the council, respectively, (and parties shall have an op= portunity to comment thereon.) (h) Burden of Proof. The burden of proof as to showing any fact in a significance proceeding shall be by the preponderance of the evidence. Matters consistent with a local comprehensive plan reviewed and adopted pursuant to Laws 1976, Chapter 127, Sections 8 to 12, shall be presumed to present no substantial conflict with a metropolitan system olan. (i) Committee Findings and Recommendation. Following the public hearing and based upon all the information received, the significance review committee shall adopt and issue a committee report regarding the matter which shall contain, as appropriate, the following: (1) A recommendation that: (aa) The matter is exempt pursuant to MC 4, or that the matter does not cause the effects set forth in any of the standards contained in MC 2 and that matter is not of metropolitan significance; or (bb) That the regulations are applicable, that the matter satisfies one or more of the standards in MC 2 and that the matter is of metropolitan signdi- cance; or (cc) That based on an inability or failure to secure adequate information, the review should be terminated without prejudice at this time. (2) A statement of the standards and exemptions considered in its review of the matter. (3) Identification of the metropolitan system plans or parts thereof or adverse effects on another local governmental unit which were considered by the committee. (4) Findings concerning the applicability of the regulations and the effects of the matter in relation to the standards. (5) A recommendation as to the remedy which the council should adopt with regard to the proposed matter. -6- (j) Report Service Transmission. The committee report shall be served on all parties. The report shall be immediately transmitted to the council and information and matter considered by the significance review committee shall be made available to council members in accordance with council procedure. MC 8 COUNCII. DETERMINATION (a) The council shall review the committee report and all information submitted during the review and may accept, reject or modify the recommendation contained in the committee report. The council may hold additional meetings to consider the matter or direct the significance review committee to engage in further review activity. (b) Following the completion of all review and consideration, the council shall by reso- lution adopt a final determination with regard to each matter subject to a significance review. The final determination shall be transcribed in writing and shall contain appropriate findings and conclusions supporting the council determination. The final determination shall, as appropriate, contain the following: (1) A determination tl.,.0 the matter is exempt pursuant to MC 5, or that the matter does not cause the effects 'set torth in any of the standards contained In MC 3, and that the matter is not of metropolitan sigr.:ficance; or (2) That the regulations are applicable, that the matter satisfies one or more of the standards contained in MC 3, and that the-matter Is of metropolitan significance because of its inconsistency with and effect upon metropolitan system plans or an adverse effect on another local governmental unit; or (3) That based on an inability to secure adequate Information, the review should be terminated without prejudice at this time. (c) In the event that the council determines that the proposed matter is of metropolitan significance, the council's final determination shall in addition and as appropriate contain the following: (1) . A determination as to whether the procedure to amend a metropolitan system plan should be instituted to ensure consistency of the matter with such plans together with a general statement regarding the amendment necessary. (2) A determination that the commencement of the proposed matter shall be suspended for a specified period of time which may not exceed a period of one year from the date of the final determination. (3) Conditions or modifications to the proposed matter which if incorporated or complied with would cause the council to reconsider the suspension-an accordance with MC 10 (f) , including but not limited to measures which would: (aa) Minimize or eliminate any adverse effects upon metropolitan system plans or oganother locaL-governinentel unit.including changes in the type and Intensity of use or the location, magnitude or design of the matter. (bb) Control the timing and sequence of the proposed matter, including the dates for commencement and completion. (d) Service, Determination. Copies of the final determination shall be served upon all parties within seven (7) days following a final determination. (e) Reconsideration. The Council may reconsider a final conclusion if it determines that the total record demonstrates prejudicial Irregularities in the proceedings, errors of law, lack of sub- stantial evidences to support the final conclusion, or on a basis of newly discovered evtdence. Such reconsideration shall extend the review period only on the consent of the sponsor, Initiator, and situs governmental unit. The Council's reconsideration shall be conducted at a public meeting or hearing for which all parties shall have been served notice at least fifteen (15) days in advance. -7- MC 9 TERMINATION, SUSPENSION, TIME CHANGE. (a) Bad Faith. The Council may dismiss with prejudice the review of any matter which it finds has been initiated in bad faith, or which is a sham, capricious, or frivolous case. No such finding shall be made without first allowing the parties to hear_,. rebut, and present evidence regarding the same. (b) Withdrawal of review. At any time during the conduct of a significance review, the initiator or sponsor may petition the Council to withdraw the matter from review, setting forth the reasons for such a request. The Council may, by resolution, grant such a petition and allow a matter to be with- drawn from review only in the event that the withdrawal does not adversely affect the right of any party. (c) Settlement. The parties to a significance review may execute an agreed settlement with regard to any matters subject to a significance review at any time prior to the issuance of a final determination. Such an agreement shall be In writing, signed by all parties, and shall be subject to Council acceptance or rejection. (d) Suspension. (1) The Council may suspend a significance review for not more than ninety (90) days to await the decision of another public agency which Is required by law to review the proposed matter. In the event that such public agency denies authorization for the proposed matter, the Council may, by resolution, terminate the metropolitan significance review. (2) The sponsor and initiator may agree to suspend any of the time period specified for a significance review: Such an agreed suspension must be approved by the Significance Review Committee. (e) Waiver by Council. The Council may, by resolution, waive any of the procedural requirements contained herein provided that such waiver is not otherwise unlawful and does not cause the denial of any fundamental rights of any party. ?CSC 10 GENERAL REVIEW PROVISIONS. (a) Time Periods. As used in this chapter, a specified number of days refers to calendar days provided that where the final day of the time period falls on a week -end or a holiday, the period shall be extended to the next immediate working day. (b) Implementation Hold During Review Period. No person shall commence construction on a proposed matter after the commencement of a metropolitan significance review and until the Council's issuance of a final determination concerning the proposed matter.or the expiration of the review period, whichever occurs first. (c) Letter of Interpretation. The Council may, by resolution, on the petition of any person prior to the commencement of a significance review, or on its own initiative at any time, issue a letter of interpretation with regard to the meaning and effect of any provision In these regulations as to any proposed matter. A letter of interpretation may determine that a matter is exempt pursuant to MC 3 and 4 or that a matter is not of metropolitan significance because it would not result in the threshold generation required by MC 2 (a) (1) and (4) or that a matter is not a critical development or within the rural service area as required by standard MC 2 (a) (8) . A letter of interpretation may not determine the consistency or effect of a matter with regard to any metropolitan significance standard contained in MC 2. The Council shall determine whether to issue such a letter only following consideration of the request at a public hearing, notice of which shall be published in the Council bulletin at least. 20 days in advance of the meeting. The Council may request the submission of appropriate Information from any person requesting a letter of interpretation, and from all other potentially interested persons. A letter of interpretation shall be binding on all persons and parties Including the Council and may prevent the initiation of a metropolitan significance review. A letter of interpretation which prevents a review shall be a final determination for purposes of judicial review. -8- (d) Multiple or Phased Proposed Matter. A multiple or phased proposed matter is one which is divided into separate stages or segments, one or more of which, or the totality of which may be of metropolitan significance. Review of a multiple or phased proposed matter may, at the discretion of the Council, consider the total project or any separate independently viable stage or segment. In determining independent viability, the Council shall consider whether the particular stage is viable without subsequent development, the extent of the interrelationship between the stage and subsequent development, whether the stage would foreclose modifications to ameliorate a matropolitan system effect. Any review of a separate stage or segment of such a matter shall be without prejudice to the subsequent review of other future stages. (e) Material Alteration. Any matter which has been materially altered subsequent to a final determination pursuant to these regulations may be subject to a new significance review pursuant to these regulations. Any party to a previous review of the matter, and any person eligible to initiate a metropolitan significance review, may petition the Council to make a determination of whether a proposed matter has been materially altered subsequent to a previous review. Such a determination shall be made after appropriate notice to all persons who were parties to the previous review and following opportunity to hear, present, and rebut evidence regarding the material alteration. (f) Elimination of Suspension. The sponsor of any matter suspended by a final determination may petition the Council at any time following service of the final determination to reconsider the matter because of his compliance with conditions or modifications contained in the determination. The petition for reconsideration shall be accompanied by an affidavit of the sponsor certifying compliance with the conditions or modifications contained in the determination. The Council shall review each such petition but may refuse to reconsider the matter for good cause. In the event that the Council determines to reconsider the matter, the Council shall schedule a public hearing for the purpose of such reconsideration and shall notify all parties to the significance review of such hearing at least fifteen (15) days in advance. All parties or other persons may present information, fact, and opinion, concerning the compliance with the conditions or modifications contained in the final determination. (g) Right to Counsel. Any party may be represented by legal counsel during a metropolitan significance review. (h) Retention and Availability of Information. All information submitted by any person or party, hearing record, staff reports and determinations made by the review committee and hearing officer, if any, or the Council in connection with a metropolitan significance review shall be retained for a period of at least three (3) years following the completion of such review and shall be made available during the period'of review to any person or party for review, inspection, and copying at the Metropolitan Council offices during normal business hours. (i) Confidential Information. The sponsor or initiator of a matter subject to a significance review may identify certain information as confidential and decline to submit such information or request that the hearing officer, review committee, or Council as appropriate, review the material and make a determination as to its confidentiality. Material which is found to be confidential may be received by the hearing officer, review committee or Council in camera and shall be segregated from other information and not made available to the public. No material shall be identified by the sponsor or initiator or certified by the Council, review committee or hearing officer as confidential except information recognized as confidential at law. The identification of information as confidential shall be supported by an opinion of counsel for the party claiming confidentiality setting forth a basis for such confiden- tiality. (j ) Severability. The provisions of this chapter are severable and if any section, subsection, clause, sentence, paragraph or other provision of these regulations is held invalid for any reason, such invalidity shall not affect this chapter as a whole or the validity of any other section, subsection, clause, sentence or other provision which can be given effect without the invalid provision. MC 11 DEFINITIONS. (a) As used in this chapter, the terms "Advisory Metropolitan Land Use Committee" , "Independent Commission, Board, or Agency", "Metropolitan Area" , "Metropolitan Commission" , "Metropolitan Council ", "Metropolitan System Plans ", and "Sewage" shall have the meanings given them in Minn. Stat. Sec. 473.121 and Laws 1976, Chapter 127, Sec. 2. -9- (b) As used in this chapter, the following terms shall have these meanings: (1) "Adjacent governmental unit" means all local governmental units and independent commissions whose jurisdiction includes or adjoins, in whole or in part, that of the situs governmental unit(s) . (2) "Adopted comprehensive sewer plan" means a comprehensive sewer policy plan submitted to and approved by the Metropolitan Waste Control Commission in accordance with Minn. Stat. 473.513 which has been adopted by the submitting local governmental unit. (3) "Airport master plan" means a land use and development plan for an airport containing descriptions of at least the following: the real property comprising the airport, aircraft noise zones, and airport air space zones. (4) "Comprehensive plan" or "local comprehensive plan" means a comprehensive plan for a county adopted pursuant to Minn. Stat. Sec. 394.23, a comprehensive plan for a municipality adopted pursuant to Minn. Stat. Sec. 462.355, and a comprehensive plan for a town adopted pursuant to Minn. Stat. 366.14 or other enabling law. (5) "Chairman ": means the chairman of the Metropolitan Council. (6) "Construction as commenced" means to have engaged in a continuous program of construction including site clearance, excavation, grading, dredging, or land filling in preparation for the erection, establishment or placement of a proposed matter. Interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the sponsor shall not be considered in determining if the construction program is continuous. (7) "Critical development" means the division of land into three (3) or more parcels or lots which if totally occupied by dwelling units would result in a density of greater than forty (40) units per square mile in any section within which a parcel or lot is located; or the construction or placement of dwelling units in previously platted or unplatted areas which would result in the same density; or, the construction or establishment of a residential, commercial, or industrial use for which a new national pollution discharge elimination system or state disposal system permit must be issued. (S) "Council bulletin" means a newsletter published by the Council at least once a month containing a summary of previous Council actions and upcoming Council meetings, Council hearings, and other matters. (9) "Initiator" means any person requesting the initiation of a metropolitan significance review pursuant to MC 5 (a) herein. (10) "Land use permit" means a building permit, plat approval, zoning amendment, special or conditional use permit, subdivision or planned unit development permit, variance, or other public action having the effect of authorizing a critical development. (11) "Local government unit" or "unit" means all cities, towns and counties located in whole or in part within the metropolitan area. (12) "Metropolitan significance review" or "significance review" means a review conducted by the Metropolitan Council pursuant to these regulations. (13) "Metropolitan transportation facility" means transit facilities and routes owned, operated, or constructed by the Metropolitan Transit Commission, and principal and intermediate arterial roads, highways, freeways, and interchanges thereon designated as part of the metropolitan highway sysfem in the transportation policy plan adopted pursuant to Minn. Stat. Sec. 473.146, subd. 3. (14) "Party" means each person .named or admitted as a party or properly seeking and entitled as a right to be admitted as a party including the initiator, sponsor, situs or affected governmental unit(s) , all other persons submitting preliminary statements pursuant to MC 7 (b) and requesting to be parties, and persons admitted as parties hY the significance review committee or hearing examiner. The term "party" shall not include the Council except when the Council initiates a significance review. (15) "Person" means any individual, association, trust, partnership, joint venture, public or private corporation, the Metropolitan Council, a metropolitan commission, a local governmental unit, an Independent commission, state agency, or any government or governmental subdivision, unit, or agency other than a court of law. -10- (16) "Person trip" means a one -way journey by a person between two points by any means except walking or bicycling. (17) "Petition" means a document containing signatures submitted to the Council pursuant to MC 6 (a) (3), which contains, at the time that such signatures are placed thereon, a description of what the petition is for, a reference to these regula *_ions, and a brief summary of the reason for the petition. (18) "Practical service capacity" means the maximum number of vehicles that can pass over a section of a road, highway, freeway, or an interchange thereon during a specified time period while operating conditions such as speed and volume correspond to the specified design, speed, volume, and level of service. (19) "Private sewer system" means a single lot, multiple lot, or other sewage collection or treatment facility owned or operated by any person other than a public agency. (20) "Proposed matter" or "matter" means a project or action involving the construction, installation, establishment, siting, demolition, reconstruction, or improvement of any structure or facility, or the subdivision or drilling, extraction, clearing, excavation or other alteration of any lands or waters, planned or proposed to be undertaken, by any person in whole or in part within the metropolitan area. (21) "Public agency" means a local governmental unit, metropolitan commission, independent commission, state agency, where any government or governmental subdivision, unit or agency other than a court of law. (22) "Public sewer facility" means sewage collectors, trunklines, interceptors, treatment works and other sewage collection and treatment facilities owned, constructed, or operated by a public agency. (23) "Review period" means the ninety (90) day period for a metropolitan significance review which begins on the effective date of an order to commence a significance review issued pursuant to MC 6 and autn-etically terminates on the ninetieth day following unless a suspension of the review period is authorized pursuant to these regulations. (24) "Rural service area" means land outside the MUSA as identified in the Metropolitan Development Framework or outside the existing sewer service area of a public sewer system. (25) "Service" or "serve" means personal service or service by first class U.S. mail, postage prepared and addressed to the person or party at his last known address. Service by mail is complete upon the placing of the item to be served in the mail. (26) "Sewage effluent" means treated sewage. (27) "Situs governmental unit" means the local governmental unit(s) within which a proposed matter will be located. (28) "Sponsor" means any person proposing to undertake or develop a proposed matter. (29) "State agency" means the State of Minnesota or any agency, board, commission, department, or educational institution thereof. -11- Ll Proposed Policy Statements and Legislative Program 1976 -77 Member officials are urged to read and com- ment on the proposals on the following pages. There are still opportunities to comment on the policies developed by the study committees and to suggest additional policies. Final review and approval by all municipal officials will take place at the Legislative Con- ference during the Annual Conference on Friday morning, June 11 in'Duluth. League of Minnesota Municipalities PROPOSED POLICY STATEMENTS AND LEGISLATIVE PROGRAM OF THE LEAGUE OF MINNESOTA MUNICIPALITIES One of the most important purposes of the Lea- gue is to serve as a vehicle through which munici- pal officials throughout the state can define their mutual problems and develop positive policies and proposals for their solution. To accomplish this purpose, a three -step consul- tative process has been established providing for the study of issues by committees of municipal of- ficials, the review of the . resulting recommenda- tions by the Legislative Committee of the League composed of the Board and all study committee chairpersons, and final adoption at a biennial legis- lative conference attended by representatives of all member municipalities. The proposed policy statements and legislative program are intended to be of a continuing nature, subject to review and amendment every two years. Thus, they will provide the League Board and the staff with a continuing source ' of guidance when testifying before legislative committees and taking , 1975 -1976 Committee Chairpersons Revenue Sources D. J. Black, Mayor, Hutchinson Local Government Structure Alice M. Wick, Councilmember, St. Cloud Community Conservation and Environmental Qual- ity Douglas Peterson, Mayor, Bemidji Personnel and Pensions Chris E. Cherches, City Manager, St. Louis Park Public Employee Labor Relations Jack Bailey, Mayor, Minnetonka Public Safety Mary Anderson, Councilmember, Golden Valley Human Services Josephine D. Nunn, Mayor, Champlin General Legislation Louis R. Donnelly, Mayor, Fairmont other actions which have legislative or policy impli- cations. Since the effectiveness of the League in the legis- lative process depends heavily on the commitment of municipal officials to the legislative program and their willingness to participate in achieving it, muni- cipal officials should also be involved in every step of the process of formulating the policies and issues which will be supported.. Member officials are urged to read and comment on the proposals on the following pages. There are still opportunities to. comment on the policies de- veloped by the ,Study committees and to suggest additional policies. First, comments or suggested amendments may be given to any member of the Board, the study committees, or the League staff. Second, all the policies will be thoroughly re- viewed at the Annual Conference. Eight workshops on Thursday, June 10 will provide an opportunity for thorough review and new input. This year each workshop will begin with a brief agenda session, during which members will identify the policies they want to discuss first and /or spend. the most time discussing. Members of the workshop panels or the League staff may be contacted in advance to comment on any policies. Needless to say, we hope every member will attend in person the work- shop sessions that are of most interest to her or him. Comments of those not able to be present will be reported. At the Conference as well as before, staff mem- bers will be available to consult on policies or to assist in drafting amendments. Final review and approval by all municipal offi- cials attending the Annual Conference will take place at the Legislative Conference on Friday morning, June 11 in Duluth. 1. Revenue Sources Although the fiscal relationships between the state and local units of government have changed dramatically for the better during the last half dozen years, continuing efforts will be required if the financial health and flexibility of local units of government are to be maintained without inordi- nate increases in local property taxes. The League strongly supports the following specific proposals which move in this direction. 1 -A. County - Municipal Aid The Omnibus Tax Act of 1975 incorporated several additional steps in the direction of a more rational state -local fiscal policy by increasing the amount of non - property tax revenue distributed to cities and by equalizing the basic per capita distri- bution which is made to outstate counties and to the Twin Cities metropolitan area. This law also changed the distribution formula to cities within each outstate county and the Twin Cities metro- politan area to reflect the 1970 population and the current city mill rate. The effect is to funnel the additional aid into those cities where the property taxes are highest. Although the impact of this new distribution formula varies markedly in different cities throughout the state, the results seem to be consistent with the legislature's continuing policy of reducing property taxes in those cities where they are the highest. However, provision should be made for the adjustment of the 1970 population figures to reflect more recent population figures. Also, the formula should be adjusted to take ac- count of the fact that the cost of certain services such as street maintenance, trash collection and street lighting are financed by special assessments in some cities and by the general tax levy in others, and that the cost of providing some services is generally independent of population. Further- more, transfers of revenue to the general fund from municipally -owned liquor stores and utilities should be treated as part of the local tax effort. Finally the distribution of state - raised revenue through the County - Municipal Aid Fund should be increased in 1977 and 1978 if possible, or at least maintained at the present level. 1 -B. Limitations on the Authority of Cities to Levy Property Taxes The 1975 session of the legislature made several changes to that part of M.S. Chapter 275 that limits the authority of cities to levy property taxes. These modifications excluded from levy limits cities with a population under 2,500, provided a one -time increase in the property tax levy limit, incorporated several special levies into the levy limit base and established a Levy Limit Review Board with authority to increase the levy limit base of individual cities and counties under specified conditions. These changes were made in recogni- tion of the fact the levy limit law was too inflexi- ble to accommodate the high rate of inflation and the diverse circumstances and problems faced by cities throughout the state. While these modifica- tions provided some temporary relief from several obvious problems, the levy limit law is basically inconsistent with our long history of local self -gov- ernment. Consequently, the League remains strongly opposed in principle to such limitations and advocates their repeal. If repeal cannot be ac- complished, the League supports the following amendments to the present levy limit law. Even though inflation seems to be subsiding, the present 6 percent annual increase in the per capita limitation is unrealistic in view of rising labor costs and increasing demands for local services. Therefore, a more accurate index of governmental costs should be in- corporated into the law as a basis for auto- matically adjusting levy limits when govern- mental costs increase more than 6 percent. 2. The present method of permanently increas- ing the per capita levy limit by referendum has not proved workable. The League sup- ports the adoption of another procedure which would involve three steps; first, a pub- lic hearing would be held with appropriate public notice; second, the local governing body would act to permanently increase the per capita levy limit; and third, if the re- quired number of signatures are obtained on a petition, the question would be the subject of a referendum. If no valid petition were submitted, the action of the local governing body would become final. The present law allows cities to tax new commercial and industrial property for four years after the issuance of the building per- mit and use the revenue to pay for costs of providing governmental services to this pro- perty. Since the cost of services such as pol- ice and fire protection and street services are of a continuing rather than temporary nature, the League believes the law should be amended to make this a permanent spe- cial levy. 4. While the present law permits a special levy to pay the costs of complying with any law enacted by the Minnesota legislature, the same is not true for federal legislation unless compliance is required by written lawful order by the appropriate federal agency. As a consequence, cities must absorb the costs of complying with many federal laws and regulations within the present levy limits. The League believes the law should be a- mended to specifically permit a special levy to pay the costs of complying with any fede- ral law or regulation issued after 1971. 5. In both 1973 and 1975 amendments were passed to the levy limit law excluding cer- tain cities from this law on the basis of population, because it became obvious that the normal political forces at work in smaller cities made levy limits unnecessary. The League believes this is a reasonable way to proceed and that the law should be amended to exclude all cities under 5,000 population from levv limits. 6. Since 1971, there has been a significant in- crease in borrowing by local government for capital purposes, since the payment of prin- cipal and interest are exempt from levy limits. This has substantially increased the cost of capital improvements and equipment which in the past were often financed out of current revenues. To correct this situation cities should be permitted to levy taxes for capital improvement purposes outside of levy limits. 1 -C. Property Tax Administration In recent years, initiatives in state and local fis- cal policy have focused on avoiding increases in the tax burden on local property by providing alter- nate sources of revenue. However, a number of re- forms in the property tax system itself are needed to make it a more equitable revenue instrument, in- cluding the following: 1. The subsidy aspects of the property tax sys- tem should be eliminated, and direct state subsidies to homeowners should be substi- tuted, where deemed warranted by the legis- lature. 2. The quality of tax assessment administration should continue to be improved, with no re- - 2 - treat from the current deadline for certifi- cation of assessors. There should be direct state support "of computer- assisted assess- ment systems Where .that is feasible and fi- nancial incentives should be provided to as- sessment districts which do an outstanding job. 3. Both state and local governments should take steps to insure that property tax assess- ments are equitable. Specifically, the legisla- ture should reject any measures which build in assessment inequities. 4. One of the glaring inequities in the Minne- sota tax system involves the free local ser- vices that are provided to tax - exempt pro- perty owned by the state and by certain non - governmental organizations. It is widely acknowledged that such property benefits directly from governmental services such as police and fire protection and street services provided by cities and counties. However, since there is no legal basis for claiming re- imbursement for the cost of such services, they are borne by the local taxpayers. Fur- thermore, such property is concentrated in certain cities and counties resulting in a heavy cost burden in certain parts of the state. The League believes this .problem should be corrected by enacting legislation requiring both the state and non- govern- mental owners of tax - exempt property, ex- cept for churches, houses of worship, and property used for educational purposes by academies, colleges, universities and semi- naries of learning, to reimburse cities and counties for the cost of such services. 5. All property tax laws should be recodified. 6. The number of classifications of property for property tax purposes should be re- duced. 1 -D. Distribution of Telephone Gross Earnings Tax The taxation of telephone companies on a gross earnings basis in lieu of ad valorem taxes is well es- tablished in Minnesota. However, all of the result- ing revenue goes into the state general fund. The League urges the legislature to distribute all of these revenues to those local governments which contain telephone operating property. 1 -E. Taxation of Railroads In 1974 the Minnesota Constitution was amen- ded to permit the legislature to determine how rail- roads and railroad operating property is to be taxed, just as is the case with other industries and property. While a plausible argument can be made for taxing railroad operating property on an ad valorem basis in lieu of the present gross earnings tax, the proposal which has been offered by the railroads contains some very serious flaws. Fur- thermore, after examining the alternatives, the Lea- gue believes there are valid administrative and other reasons for retaining the present gross earn- ings tax on railroad operating property. However, some of the resulting revenue should be distribu- ted on a fair and equitable basis to local govern- ments which contain railroad operating property and the remainder of the resulting revenue should be used to increase the local aid distribution to municipalities. 1 -F. Electric Utility Gross Revenues Tax A gross earnings tax should be levied on all pri- vate electric utilities (excluding municipally owned) with gross revenues in excess of $5 million annual- ly, in lieu of property taxes on electric utility faci- lities. The gross revenues tax should be established at a percentage rate which will yield no less than the total property taxes paid by all affected utility companies in the most recent year for which such figures are available. The resulting revenues should be distributed as follows: (1) any city or town could decide to receive as its share an amount equal to its property tax receipts from electric utilities for the most recent year such figures are available; and (2) the remainder should be distri- buted on the basis of the electric utility revenues collected within each municipality. Within each af- fected city and town, all local governments levying a property tax should share in the distribution of such revenues in proportion to the taxes levied. The municipalities electing to receive the property tax equivalent should receive this amount only so long as the specific property is used for utility pur- poses. Any municipality which is the site of a major future utility generating facility or other in- stallation should receive additional compensation to reflect additional municipal costs resulting from the installation. - 3 - 1 -G. Hotel -Motel Tax A statewide hotel, motel tax should be imposed and the revenue returned to the municipality where collected with the counties receiving the revenues collected in unincorporated areas. Alter- natively, counties should be authorized to levy the tax on an optional basis, using the same distribu- tion formula as noted above. If the county did not levy the optional tax, any municipality within that county should be authorized to levy it. 1 -H. Clarification of the Prohibition Against Local Sales and Income Taxes The provision in the Omnibus Tax Act of 1971 which prohibits an increase in or the imposition of a new local sales or income tax should be amended to make clear that the prohibition applies only to a general sales or income tax. 1 -I. Federal Revenue Sharing The State and Local Fiscal Assistance Act of 1972 established a system of sharing federally col- lected revenues with states, counties and munici- palities and permits the recipients wide discretion in the use of the funds. This system provides more than $5 billion per year for a five -year period for this purpose without going through the normal ap- propriations process. The League strongly en- dorses the reenactment of this program and urges the Congress to resist any efforts to impose more stringent reporting requirements or any effort to subject the program to the normal annual appro- priations process. 1 -J. Tax Increment Financing Tax increment financing has permitted many older cities in various parts of the state to define and carry out rehabilitation and redevelopment projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities in preserving and im- proving the physical and economic environment in their communities. Despite the overwhelmingly favorable experience, fears have been expressed by legislators and others that the present law does not provide sufficient guidelines or limitations upon the use of tax increment financing. The League believes that tax increment financing is essential to the continued well -being of its member cities and offers to work with the legislature and other inter- ested parties in developing reasonable safeguards which can be incorporated into the law. 1 -K. Interim Financing Typically federal and state loan and grant pro- grams provide for the disbursement of the state or federal funds only upon completion of the entire project. This requires the recipient city to arrange for interim financing, which often involves issuing bonds, which is a costly and time consuming pro- cess. In the case of loans made by the Farmers Home Administration, the city must issue bonds which are then assumed by the F.H.A. It would be far more economical for the cities if at the time a commitment is made for a federal or state loan or grant, the funds were placed in an escrow ac- count and disbursed as needed with the approval of the state or federal agency involved. If this cannot be done, the League recommends that the law be amended to permit cities to issue interim notes to be paid immediately upon completion of the project and the receipt of the grant or loan funds, at an interest rate negotiated with the lend- ing institution or agency. 1 -L. Municipal Bonds The traditional way of financing most local pub- lic improvements and facilities has been through the issuance of bonds and this is likely to. continue for the foreseeable future. Consequently, if the needs for local improvements are to be met of rea- sonable cost it is imperative that a broad market be maintained for municipal bonds at the most favor- able interest rates possible. Since both federal and state legislation can affect the municipal bond mar- ket, the League believes the following proposals warrant serious consideration. Federal Legislation. The exemption from fede- ral income taxes of the interest on municipal bonds has been and continues to be the key factor in maintaining a healthy market for municipal bonds. This tax - exempt status of state and local issues not only maintains a separate market for them but also recognizes the right of state and local governments to manage their fiscal affairs independently. How- ever, in recent years some knowledgeable people have become concerned because of their belief that the traditional market for state and local bonds will not be able to satisfy the rapidly growing need for capital for public improvements. Concerns have also been raised about existing methods of -4- tax avoidance, including the tax - exempt interest on state and local bonds. These two concerns have re- sulted in several bills in Congress to establish pro- grams to lend money to municipalities by purchas- ing their bonds and /or to make interest on state and local bonds taxable. While the motives behind these proposals may be laudable, we do not believe a convincing case has been made for such a radical change which could damage the independence and viability of state and local government. Therefore, the League strongly urges that the tax- exempt status of state and local bonds be maintained. Federal Interest Subsidy. Of the proposals ad- vanced in Congress, only the double coupon plan would effectively reduce the issuance of tax - exempt bonds and provide states and local governments ac- cess to the taxable capital market on an optional basis, while maintaining local fiscal independence. Therefore, in the event the Congress determines it must take action in this field, the League prefers enactment of federal legislation authorizing com- pacts between the federal government and any state electing to do so under which the state and its political subdivisions could, if and when they chose, issue taxable bonds and the federal govern- ment .would automatically pay directly to the holders of such bonds a substantial percentage of the interest payment to every interest payment date. Regulation by the Securities and Exchange Commission. Largely as a result of the financial problems of New York City, it has been proposed that the Securities and Exchange Commission be granted authority to regulate the issuance and sale of municipal bonds. This seems to be a premature and 'unnecessary response in view of the relatively limited scope of the problem and the fact that forces are already at work within the municipal bond market to require accurate and complete dis- closure of pertinent information as a prerequisite to marketing bonds. Therefore, the League is op- posed to any federal legislation which would regu- late the issuance and sale of municipal bonds. State Legislation. In 1971, the legislature at- tempted to improve the market for municipal bonds by providing a limited state guarantee of local issues. However, the limited and complex na- ture of the guarantee, the requirement for a guar- antee fee which must come from the participating local government and the constitutional cloud which still hangs over "works of internal improve- ments" have combined to block the original legis- lative purpose. To make the state guarantee ef- fective, the League recommends the following: Constitutional Revision. To enable the state to back local issues with its full and credit, Article IX of the Constitution of Minnesota should be amen- ded to change and clarify limitations on state bor- rowing to: Replace the present prohibition of "in- ternal improvements" with a requirement that state borrowing or expenditure be "for a public purpose paramount to any resulting private use or benefit" and to authorize the state to make an un- limited guarantee of loans to its subdivisions. Modification of Municipal Debt Service Aid Law. This law should be modified so that the state guar- antee is not limited. The Municipal Bond Guaran- tee Fund and the 2' /z per cent guarantee fee should be eliminated. In the alternative, the law should provide for refund to the local government of the guarantee fee plus interest upon the repayment of the bonds. Pledge of State Aid. Enabling legislation kould also be enacted which would permit any city, town, or county to make a pledge of any state aid to which it is entitled to the payment of principle and interest on any general obligation bond issue. Where such a pledge is made the Commissioner of Finance should be empowered to make principle and interest payments to the bond holders from state aid entitlements if a default occurs. Bond Interest Ceiling. Because interest rates in the bond market fluctuate in response to economic forces, it seems unrealistic that a maximum interest rate be imposed upon all local governments. The League recommends that the 7 per cent ceiling be repealed, which would allow interest rates to be determined in the market or that a floating interest ceiling be established tied to the current interest on federal obligations. The League also recommends that the 8 per cent ceiling and any present applica- tion of the usury statutes to the rate of interest that can be charged on special assessments be re- moved. Bond Code Amendments. The League supports amendments to the bond code and tax laws that will clarify the authority of local governments and assist them in obtaining credit. 2. Local Government Structure While the great majority of Minnesotans live in cities, there is a wide diversity in the size, form and programs of the cities themselves. Although a number of cities are major population centers, more than 60 per cent have less than 1,000 popu- lation. Furthermore, under Minnesota's constitu- tional home rule policy, more than 100 cities have chosen this form of local government which per- mits residents to develop and adopt locally a gov- ernmental structure that is tailored to meet local needs. Also, while the recent changes embodied in the city code, adopted at the League's request, have set forth a more uniform and rational set of laws under which cities operate, those modifica- tions have given cities structural and operational flexibility within broadly- defined limits. Finally, cities as general purpose units of local government have demonstrated their ability to develop and to implement policies that serve their own constituencies, as well as the ability to serve as the primary delivery system for an increasing number of state and federal programs. This dual role serves the public well, since any governmen- tal policy or program to be effective has to func- tion in a framework where ramifications are under- stood and alternatives are weighed. Consequently, when new state programs that directly affect cities or city services are consider- ed, the League strongly urges the legislature to provide cities with the option of administering those programs. The League further urges the adoption of the following proposals, which would increase the effectiveness of local government. 2 -A. Home Rule Minnesota's constitutional home rule policy, while permitting home rule charters in some cir- cumstances to depart from the provisions of sta- tutes that would otherwise be applicable, has made charters subject to the provisions of state laws when they express a policy intended to override local charters. In implementing that policy, the legislature has often by a general law authorized one or more classes of home rule charter cities to meet new problems for which existing charters listing city powers in specific detail provided inade- quate authority. It has also, by general law and in- creasingly by special law, removed charter restric- tions or imposed restrictions where the local char- ter had none. Following the adoption of the 1958 - 5 - local government amendment to the Minnesota Constitution, the legislature has, on League recom- mendation, made it easier for cities to adopt and amend charters and thus better able to meet local legislative needs at home. Experience has demon- strated that the inclusion of the mayor or member of the council on the local charter commission provides needed liaison with the city government and results in better understanding of city charter operations by citizen charter commission members. The League therefore recommends that the home rule enabling act be amended to provide that at least one member of the council or the mayor be included among charter commission members when established, or if presently in existence, then after the first expiration of existing terms. In an effort to provide for a more consistent policy on the relation between state law and local charters, the League recommends to its own mem- ber cities as well as the legislature the following guidelines on meeting legislative needs of home rule charter cities: Every general law applying to cities should state specifically whether or not it applies to home rule as well as to statutory cities. 2. When a uniform state policy is not required, a law applying to home rule charter cities, whether applicable with or without local ac- tion, should authorize an affected city to supersede the law or any provision in it by charter action on the same subject. When a legislative problem can be met sim- ply by a charter amendment, particularly where amendment by ordinance is feasible, state legislation on the subject should not apply to home rule charter cities. Some existing obsolete legislation applying to home rule charter cities was repealed by the 1976 legislature; other similar legislation of doubtful current use should be repealed, per- haps with an effective date sufficiently _far in the future to permit any city for which the legislation was later found useful to a- dopt an appropriate amendment to its char- ter. 2 -B. Special Legislation The 1958 constitutional amendment on local government encouraged local responsibility by permitting the legislature to ease requirements for D the adoption and amendment of home rule char- ters and by requiring local consent to special legis- lation. While subsequent legislatures have made the home rule charter authority easier for cities to use, the intent of the special law consent provision has been nullified by a 1967 general law providing a blanket waiver of that requirement except where attached to a particular special law. While the League recognizes that some special legislation is necessary in certain circumstances, it urges all local government units_to refrain from re- questing special legislation where the need can be met effectively by general legislation or home rule charter amendment; and the legislature is urged to refrain from special legislation in these cases. The League recommends that the legislature es- tablish an appropriate "procedure by which it can carry out such a policy of limiting special legisla- tion to cases where there is a compelling need for a special law. Specifically, none of the following types of special laws applying to local government units should be enacted unless the legislature, through an- appropriate committee or other proce- dural device, expressly recommends departing from the general policy in the particular case and states in full the reasons therefor: (1) a special law that results in unfairly discriminating against all other local government units of the same type or class; (2) a special law modifying in a particular case the jurisdiction, power, or procedure of a state admin- istrative agency in a particular case; (3) a special law incorporating or reincorporating a city or creating a particular unit of local government; (4) a special law changing the form or internal adminis- trative structure of a local government unit with- out the approval of its governing body or of the voters; (5) a law directing the governing body of the local government unit to act in a particular way; and (6) a law relating to a subject matter with which the local governing body has effective and adequate authority to deal by charter or ordinance. The legislature should also establish a deadline for the submission of local bills which is substantially earlier than the last day on which general bills can be introduced and which can be waived only in the most extenuating circumstances. In addition, the 1967 general law on local con- sent should be supplanted by a general law which permits waiver of the approval requirement only when a special law is of a type for which the con- sent requirement is impractical. Based on exper- ience since 1958, the only class of special law to which local approval should not be required is special legislation affecting two or more local units with an aggregate population of more than one million people. 2 -C. Development of an Improved City Code Municipal laws have been enacted in a piece- meal fashion over the years, often to meet a speci- fic need in a particular class of cities with little re- gard to the desirability of applying the laws to other cities or meeting broader needs as well. As a result of this gradual accretion of miscellaneous statutes, the statute books have contained a hodge- podge of municipal laws, many inconsistent or overlapping with other statutes, and many confined to particular city classes though addressing a prob- lem shared by those excluded. The City Code laws adopted at League request in 1973 and its amend- ments in 1974 were important steps toward a more rational and uniform set of laws for Minnesota cities, and 1976 League- sponsored legislation added to the improvement of the statutory frame- work for cities by repealing numerous obsolete laws, eliminating inconsistencies, and making expli- cit the applicability or non - applicability of specific laws to statutory and home rule charter cities. To continue this ongoing project of developing a more rational statutory code for cities and to provide more uniform statutory patterns for rela- ted municipal laws, the League recommends that the staff, in cooperation with legislative research agencies and other interested groups, prepare legis- lation revising and making into a consistent whole with as broad applicability as possible and without controversial changes the various statutes relating to certain subject matter areas most in need for such revision, including the laws on city deposito- ries, city support of music and bands, municipal advertising expenditures, local boards of health, and use of liquor store funds and municipal utility establishment and operations. The League further recommends that when any such revisions have been approved by the League Board of Directors, they become part of the League legislative program. A study of existing laws indicates that almost without exception laws confined to cities of the second, third, or fourth class might more appro- priately have been broadened when adopted so as to apply to all three classes. The League there- fore recommends to its member cities and to the legislature that the practice of confining legis- lation to any such class be discontinued and that, except where very special circumstances require use of some more limiting criterion, future laws in- tended for cities other than first class cities be drawn to apply to all such cities. 2 -D. Regional Development Commissions Regional development commissions are still in an experimental stage in many parts of the state and it may be several years before a valid assess- ment can be made concerning their worth as a per- manent addition to the governmental structure of the state. However, it has become very apparent recently that the part of the population that re- sides in cities is grossly under - represented on re- gional development commissions as presently com- posed. To. provide a better balance of urban and rural interests, the League recommends that the Regional Development Commission Act be amended to provide that the largest city in each county be represented on the commissions in addition to the present membership. 2 -E. Campaign Financing and Disclosure Laws Campaigns and elections to local office are the most important single contact between voters and representative local government. While there has been substantial public concern with campaign fin- ancing and ethics on the national and state level, the public has not demonstrated the same anxiety about financing and conduct for city election cam- paigns. The general public confidence probably re- flects the fact that city campaigns are locally- based, largely address purely local issues, and are for the most part non - partisan. We believe that public confidence in local campaigns and election conduct is deserved and that any modifications in the laws governing their conduct should reflect the fact that the candidates are running for "part- time" offices out of a sense of civic responsibility. To best serve the public interest, any modifications should en- courage, rather than discourage, qualified candi- dates from seeking or continuing in office. None- theless, there are steps that can be taken to streng- then local campaign laws, including the following: 1. Candidates should be encouraged to seek broader backing from among constituents by extending state income tax credits to cover contributions to city election campaigns. 2. In view of the fact that most elected city of- ficials are part -time, low paid and serve out of a sense of civic responsibility, it is pro- bable that requiring candidates to file state- ments of economic interest would effec- tively discourage many qualified candidates from seeking or continuing in office, and the League would oppose state - mandated re- quirements. 3. The present outdated expenditure limits for city election campaigns should be elimina- ted. In cities of less than 20,000 population, campaign expenditure limits or reporting re- quirements are unnecessary because of the local nature of the campaigns and because stringent conflict of interest rules already govern the actions of elected officials in all cities. 4. Cities over 20,000 should have the authority to establish limits for total campaign expen- diture, as well as the limits that any one in- dividual or organization could contribute to a candidate's campaign. 5. In cities over 20,000, campaign expenditure limits for city elections should be made effec- tive, over -all limits by eliminating any distinc- tions between types of campaign committees and making the candidate or his or her desig- nees responsible for all. funds spent by his or her election campaign committee. 6. In cities over 20,000, all contributions from a single source of more than $100 should be reported, with cities able to set this figure lower. Campaign financing reporting forms and requirements should be kept as clear and simple as possible, consistent with. the need for voter information, and the reports should be filed in a local location and avail- able to the public. 7. Since, there is no evidence to suggest that any ethics commissions to watchdog local elections are required, and since there are already effective legal avenues for enforce- ment of campaign practice laws affecting cities, the League recommends that no new enforcement mechanism be created. 2 -F. Other Election Laws While some degree of uniformity in election dates for national, statewide and local offices is desirable, municipal officials should retain the present options in setting city election dates. Specifically, local councils in statutory cities should continue to have the option of selecting an odd or even year election date and home rule char- ter cities should continue to have the prerogative of setting their own election date. Further, all home rule cities should continue to have the pre- rogative of choosing the system of filing for office in their respective communities. However, we would support certain technical modifications in election laws, including the following: 1. When a city annexes territory with less than 100 population, the annexed portion should automatically come into the county commis- sioner and legislative districts of the conti- guous part of the city. 2. Voter registration laws should be amended to delete the extraordinary hours require- ment for pre - election registration. 2-G. Voting Equipment Present law allowing local options in selecting voting equipment, so long as it has been approved by the Secretary of State, has aided election officials and voters by permitting the selection of equip- ment based on a number of local factors including size of community, type of election and others. Where the size of the community warrants it, the use of voting machines including electronic voting machines has facilitated voting and has aided the speed and accuracy of counting ballots. Specifically, electronic voting machines, used in cities for the past several years have proven accu- rate, fast, and acceptable to the voters. The Lea- gue opposes any law that would limit the use of electronic voting equipment. 3. Community Conservation and Environmental Quality Clearly there is a need for a new policy focus on community conservation in all those state and fed- eral programs and statutes which impact upon cities. The goal of this policy should be to improve the quality of urban life through better use of the present investment in cities and to encourage the most productive use and rehabilitation of existing facilities, as opposed to policies which foster the dispersal of growth, the abandonment of built -up areas and the continuing consumption of land and other natural resources. The League supports this new focus and advocates the following specific pro- posals which move in this direction. 3 -A. Land Use Historically, land -use and development patterns in the United States have been the cumulative re- sult of numerous private and public investment de- cisions and certain national programs rather than the result of conscious public land -use policies. Furthermore, public capital improvements have tended to respond to private initiatives rather than influence or direct them. However, in recent years there has been increasing acceptance by local offi- cials and the public of the view that the right to de- velop private property should be circumscribed not only by the effects that such development may have on public safety, health and welfare but also by the effects it may have on the cost of providing local public services such as utilities, police and fire protection and public education and the cumula- tive effects of such development upon the quality of life in urban areas, upon the environment and upon certain natural and aesthetic resources. As we move toward a new balance between private de- velopment rights, on the one hand, and the public interest, on the other, the legislature should give consideration to: (1) strengthening the present land -use controls exercised by municipalities and counties; and (2) providing the necessary policy direction concerning those land -use decisions which clearly have statewide or regional ramifica- tions. To this end, the League has developed seve- ral proposals which address various aspects of this problem. Strengthening local land use controls. In Min- nesota, local governments presently have broad im- plied powers to control and stage development and increasingly it will be necessary for municipalities and counties to make use of them in order to en- courage orderly development and protect natural, cultural and aesthetic resources. Should future court decisions limit or restrict the exercise of these implied powers, the legislature should grant specific statutory authority to local governments to develop timing and sequential zoning, and to utilize interim development controls. While the present statutory authority and con- trols have proved reasonably effective within incor- porated municipalities, they are clearly inadequate in controlling development in the fringe areas ad- 9 jacent to cities. And it is in these unincorporated areas that the critical land -use decisions are being made that will set the pattern of urban develop- ment for the next generation. In order to address this problem, additional legislation is needed in the following areas: 1. The Minnesota Municipal Commission Act should be amended to permit a city council to petition the Commission to have an adja- cent area designated to be in need of or- derly annexation. Within areas so designated, the adjacent city should be permitted to ex- tend to the entire orderly annexation area its planning, zoning and other development regulations and to enforce the State Building Code if it is in force in the city. In addition, no water or sewer main should be extended into any orderly annexation area by a county or private utility without the formal approval of the adjacent city. Provision should be made for a member of the appro- priate township board to be an ex- officio member of the city planning commission when they are considering matters affecting the orderly annexation area. 2. Minnesota law providing preferential pro- perty assessments for agricultural property (i.e. the Green Acres Act) should be amen- ded so that it will provide a positive tool for municipalities and counties in influencing orderly development. Specifically, provision should be made for deferred development contracts with the owners of 35 or more acres of land zoned agricultural, recreational or open space under which uses of the land which the land would be taxed on the basis of its value for that purpose. Such contracts would be made for a minimum of five years and up to ten years by mutual agreement, with one year added on automatically each year when the contract has only four years to run unless either party wishes not to re- new the contract. Any special assessments for sewer or water improvements should be deferred as long as the deferred development contract is in effect and provision should be made for recapture of a reasonable portion of the appreciated value of the land in the event the deferred development contract is broken by the landowner or the land ceases to qualify for preferential treatment. To the greatest practicable extent, recapture provi- sions should serve the objective of preserving needed open space without encouraging use of the deferred development contract for speculation. 3. Even when sufficient legal authority exists and financial resources are available, there has been a reluctance in some counties to undertake a land use planning program. In order to address this situation, the County Planning Act should be amended to provide that . counties would be required to under- take a land use planning program if city councils and town boards representing a ma- jority of the population of the county pass resolutions requesting such action. 4. The authority to make sewer assessments based on capacity rights, as an additional al- ternative to present assessment authority, would strengthen local land use controls as well as giving local governments an equit- able alternative for making sewer assess- ments. The League believes that local gov- ernments already have sufficient legal autho- rity to base sewer assessments on capacity rights, which could be- transferred among landowners, provided any proposed develop- ment met local government zoning and sub- division criteria. However, in the event that future court decisions limit or restrict this authority, the legislature should grant speci- fic authority to local governments to make sewer assessments in this manner. S. In 1976, the legislature initiated a state matching grant program providing funds to increase local planning capability by cities and counties having a local planning agency. We recommend that the legislature continue to provide funds for this program. State land -use policy. It is commonly accepted that certain kinds of land -use decisions, either indi- vidually or cumulatively, produce regional or state- wide effects. In such instances, it is appropriate that the legislature provide policy guidance to local planning agencies and governing bodies in carrying out their land -use responsibilities affecting areas such as shorelands, flood plains and critical areas. Although each of these statutes provide tools which are useful in guiding the development of land, they do not represent a complete or cohesive state policy on this subject. The League believes the legislature should review these statutes and 10 fashion a more complete body of land -use policies and a more workable government system for con- trolling the development of private land. In doing so, the legislature should adhere to the following basic policies. First, within the framework of any pertinent na- tional and state legislative policies, cities and coun- ties should continue to have the authority to shape the character of their communities to reflect their own goals and lifestyles. J Second, to the extent possible, the present com- plex procedures and diffused decision making pro- cess pertaining to land -use controls should be streamlined and pinpointed at the local level through the use of some type of comprehensive permit procedure. Third, state land -use policies and the system to implement them should be built upon the exper- ience and staff resources that are present within local government and upon the recognition that most land -use decisions should continue to be made at the local level. 3 -13. Minnesota Municipal Commission Since its organization, the Minnesota Municipal Commission has strengthened municipal govern- ment by providing a means for the orderly and in- telligent evaluation of proposed incorporations, consolidations and annexations throughout the state. Recent additions to the Commission's authority in "orderly annexation" proceedings will encou- rage and foster an assessment of the consequences for governmental framework of certain kinds of development and services in urbanizing fringe areas around cities. The League recommends that the legislature make the Commission's work more ef- fective by expanding its authority in the following ways. 1. When considering a petition to incorporate a new municipality, the Commission should automatically have the authority to consider annexation to an adjacent municipality of any or all of the area designated in the incor- poration proceeding. 2. When the Commission has jurisdiction in any annexation, incorporation or consolidation proceedings involving unincorporated terri- tory, and it appears that the remaining part of the township would be better served by annexation to an adjoining township, the Commission should be given the authority to effect such a boundary adjustment after notice and hearing. 3. The section of the statute providing for ex- officio membership by county commission- ers should be amended to restrict that mem- bership to commissioners whose districts do not include the area directly involved in the proceedings. 4. The Commission should be given authority to control the creation of urban towns in the future. Any township which needs municipal powers should be required to re- quest that authority of the Commission, and the request should automatically confer continuing jurisdiction on the Commission to initiate annexations, incorporations or consolidations of the township territory. The legislature should grant the Commission authority to provide an alternative "orderly consolidation" procedure for the gradual consolidation of two or more incorporated municipalities, providing such a procedure could be initiated only by the concurrent resolution of the governing bodies of any af- fected municipalities. After the Commission issues its final consolidation order, the law should provide that upon petition of five per cent of those voting in the last general election or 2,000 persons, whichever is less, there would be a single referendum on the question involving all persons in the pro- posed consolidated municipality. 6. The commission should be provided with funds to secure research assistance. 3 -C. Housing and Community Development Pro- grams Administration - The State of Minnesota has provided leadership in attempting to ad- dress problems of housing and community development, and has developed a partner- ship approach in working with local commu- nities to identify community resources and needs and to deliver programs with a mini- mum of red tape. However, federal pro- 11 grams affecting housing and community de- velopment which are now administered through the Department of Housing and Ur- ban Development and the Farmers Home Administration place complex administrative burdens on local units of government that tend to discourage the implementation of these federal programs. Some federal agen- cies now contract with the State of Minne- sota to administer federal programs. In most instances, this arrangement has substantially eased administrative problems and facilitated the delivery of programs so that the goals of the federal legislation are better implemen- ted. The League recommends that federal programs relating to housing and community development and the funds for these pro- grams be administered directly by the State of Minnesota to local- units of government, by using existing state, regional and local agencies. Federal regulations should make it clear that free - standing rehabilitation pro- jects are eligible for community develop- ment block grant funding. 2. Funding - The response of cities in Minne- sota to housing and community develop- ment programs indicates that the needs iden- tified by local leaders far exceed the amount of funding that is available for federal pro- grams. HUD should be encouraged to shift funds to states such as Minnesota from other areas that are less involved in the communi- ty development process when it is demon- strated that there is this spirit of cooperation and desire to make the community develop- ment program work and make use of the funds in the manner Congress intended. State - funded programs administered by the Minnesota Housing Finance Agency have provided fiscal resources for homeowners to improve housing in some areas that are not addressed under federal programs. The Lea- gue . urges that Congress increase funding available for federal programs, and that the Legislature continue to provide adequate loan and grant authority to the Minnesota Housing Finance Agency. 3. Recodification - The League supports the recodification of the 1974 Minnesota Hous- ing and Redevelopment Act proposed by the state chapter of the National Association of Housing and Redevelopment Authorities, to make the statutory authority of H RA's 4 consistent with new federal laws. Relocation Assistance - The League sup- ports both the concept of the federal and state relocation assistance laws and the modification in the state law made by the 1976 legislature so that in certain instances where property is acquired by negotiation between seller and public buyer, relocation assistance may be negotiated as part of that agreement. However, we believe the 1976 law should be expanded to include instan- ces where acquisition is negotiated under de- velopment district, port authority, or muni- cipal housing and redevelopment activities. Furthermore, present federal regulations which offer reimbursement for business con- cerns of up to $100,000 have created inequit- able subsidies for certain property owners and should be modified by appropriate ad- ministrative or congressional action. 3 -D. State Energy and Building Codes 1. State Building Code - The statewide build- ing code enacted in 1971 encouraged build- ing throughout the state by -establishing a uniform code in cities that choose to have a code. However, in recent years serious pro- blems have emerged because the code does not extend to construction outside of cor- porate limits. Land -use planning and the po- tential extension of city services, as well as the health, safety and welfare of the resi- dents are adversely affected by the lack of a code in unincorporated areas. For these reasons the League endorses the extension of the statewide building code to make it mandatory in all incorporated and unincor- porated areas of the state. Buildings not pri- marily for human use should be exempted from the code. Local enforcement is clearly required if the code is to be effective. Cities should have the option of choosing to en- force the code within their own jurisdictions at any time following the effective date. Both cities and counties should clearly have the option of contracting with other cities and /or 'counties to enforce the code within their respective jurisdictions. However, counties should have the responsibility of enforcing the code within those jurisdictions that choose not to enforce it. Code enforce- ment should be self- sustaining from the fees collected. In jurisdictions where that is not 12 possible, some type of state subsidy program should be provided. The costs of any en- forcement that is provided in a local subdivi- sion or the state should be collected through normal legal channels, not through deduc- tions from state aids, which sets a hostile precedent. Finally, to allow cities and coun- ties to make adequate administrative and fi- nancial provision for code administration, the effective date of the mandatory statewide code should be two years after enactment by the legislature. Effective immediately, how- ever, cities should have the option of enforc- ing the code in any unincorporated areas within two miles of the city boundary. 2. State Energy Code - The League agrees with the purpose of the Minnesota Energy Code, adopted pursuant to the 1974 Minne- sota Energy Agency Act as amended in 1975, which is to provide building design and con- struction standards consistent with the most economical use of energy. However, the Code is- unnecessarily inclusive, covering virtually all new buildings, additions and re- modelings. Buildings such as seasonal cabins and unheated garages and warehouses should be exempted from the Code, so that con- struction costs and the costs of administer- ing the code are not increased unduly. Appropriate legislative and administrative changes should be made. 3 -E. State Licensing of Construction Trades and Contractors During the past several years, critical shortages of residential housing have emerged in outstate Minnesota, and the need for residential and com- mercial building both outstate and in metropoli- tan areas continues. Adequate licensing authority already exists at the state and local levels to insure that the persons who provide construction services are capable of satisfactory performance. Inspec- tion under the State Building Code is an added safeguard that the construction and its component parts will meet performance standards. The League recognizes that there are many independent busi- ness persons throughout the state and especially in smaller cities who provide construction services. Any extension of statewide licensing requirements for construction services would have the effect of eliminating many of these independent persons from the market and would raise costs of construc- tion, especially in smaller cities. In view of this, and the fact that adequate licensing authority al- ready exists, the League would oppose any exten- sion of statewide licensing requirements. Specifi- cally, there should be no mandatory statewide lic- ensing of contractors. Furthermore, plumbers in cities of less than 5,000 population should have no requirement for a state license. 3 -F. Eminent Domain Laws In recent years amendments have been made to the eminent domain law in an effort to safeguard the interests of the property owners who become involved in this process. However, taken as a whole, the present procedure seems to result in the public paying excessively high prices for land. Therefore, the League believes the entire process provided in the law should be critically reviewed and streamlined. This examination should include: a re- evaluation of the advisability of making apprai- sals public information; the advisability of using a professional referee in lieu of three commissioners to establish the value of land; and the legality and feasibility of collecting property taxes on property for several prior years in instances where the award is substantially in excess of the market value of the property for tax purposes. 3 -G. Environmental Impact Statement Process The rules and regulations which have been a- dopted by the Environmental Quality Council gov- erning the environmental impact statement process have gone a long way toward integrating this process into the pre- existing legal and procedural framework in local units of government. The result has been to reinforce the traditional role of local government in land use and related decisions which are primarily of local concern. Furthermore, the assignment of a major portion of the financial responsibility for the preparation of any necessary environmental im- pact statement to the party initiating the new de- velopment, relieves local government of what could be a significant financial burden. Nonetheless, there may be circumstances where it would be in the public interest to have an environmental im- pact study conducted which could not or should not be assumed by the party initiating the new de- velopment. Therefore, the League recommends that legislation be enacted which would permit a city to undertake such a study with its own resour- ces. Furthermore, the petition procedure should be revised to provide that only citizens of Minne- sota, who are 18 years of age or more and are resi- dents of the affected area, may sign petitions re- 13 questing the Environmental Quality Council to re- quire the preparation of an environmental impact statement. 3 -H. Environmental Quality Solid Waste Management - The League sup- ports the continuing legislative efforts to initiate a comprehensive recycling and re- source recovery program in order to con- serve material and energy resources and re- duce the volume of solid waste. We believe the following changes would accelerate pro- gress in this area: a. Although energy recovery is close to be- ing economically feasible under certain circumstances, it is a high risk venture which probably cannot attract private capital. Therefore, the state should provide grants or subsidies to energy re- covery and recycling projects of an ex- perimental nature; The general contract laws of the state should be relaxed to permit the selec- tion of the most effective energy recov- ery or recycling system even though it may not be the least costly to construct initially; The law should be amended to provide that counties or solid waste management districts, which have adopted a compre- hensive solid waste management pro- gram, have legal jurisdiction over the dis- posal of all refuse within their jurisdic- tion; d. The present law authorizing the es- tablishment of solid waste management districts should be amended to make it more workable; and e. State packaging regulations should be es- tablished in an effort to reduce the vol- ume of packaging materials. 2. Flexible Approach to Pollution Control - The present federal and state programs for the abatement of pollution problems tend to rely heavily or exclusively upon single solu- tion approaches which are not necessarily appropriate or economically feasible in very small communities. As a result, small. cities may be required to install very costly central collection and treatment systems without regard to cost /benefit considerations or their ability to finance the continuing operation of such systems. Consequently, the League recommends that both federal and state pollution control programs be modified to permit low interest loans and grants to up- grade alternative environmentally sound systems and to finance other means of on- site disposal of domestic and commercial wastes in small cities. Intergovernmental Strategies - During the last several years the Minnesota Pollution Control Agency has taken several steps which have markedly improved the working relationship between its own staff and local government officials. The decentralization of its staff in regional offices, the increasing willingness to provide technical assistance to local government and the appointment of an advisory council composed of local govern- ment officials, have each contributed to better communication and cooperation. The League endorses these efforts and urges the Minnesota Pollution Control Agency to con- tinue to involve local officials in the mutual effort to improve the effectiveness of our ef- forts to preserve and improve our environ- ment. 4. Shade Tree Protection - The threat to oak and elm trees in Minnesota's cities has reached alarming proportions and should be addressed by the legislature through a broad- ened program which will enable cities to spread the burden of reforestation over a period of time. Specifically, state subsidy funds should be increased substantially and the activities eligible for grants should in- clude a broad range of activities such as tree removal on public or private land and refor- estation. All cities throughout the state should be eligible for grants, and the state subsidy program should allow cities to exer- cise their discretion regarding source of local funds including the use of special assessments to cover a portion or all of the costs, or the use of special levies outside existing levy limits. 14 3 -I. Capital Reinvestment . The major physical facilities of many of Minne- sota's municipalities are wearing out. Many muni- cipalities are unable to provide the level of capital reinvestment necessary to replace these capital im- provements at the rate they wear out. For Minne- sota's cities to remain alive and viable, increased federal and state assistance is necessary for capital reinvestment. Accordingly, the League recom- mends that the state examine the capital reinvest- ment necessary for the conservation and rebuild- ing of municipalities. 4. Personnel and Pensions Personnel management is not an end in itself but rather a means of achieving the purposes of an or- ganization through the selection, training and man- agement of personnel in an orderly and effective manner. A city's personnel management system must be responsive to the needs of the city and to the elected and appointed leadership of that city. At the same time it should embody the principles. of merit, provide adequate safeguards for the pro- tection of employee rights, and offer competitive compensation in the form of salaries, insurance programs and well financed pension programs. It should also be structured to insure that equal op- portunity for employment and promotion is open to all individuals on the same basis. The League of- fers the following specific legislative proposals in furtherence of this end. 4 -A. Improving Personnel Management Constraints imposed by the police and fire civil service laws and the merit system law applicable to cities of the second, third, and fourth class tend to hinder the effectiveness of personnel manage- ment systems and limit home rule charter options in cities with such commissions. A single broad personnel enabling act is needed to: Authorize the substitution of a single per- sonnel agency for any or all departments and to permit any city by charter to modify the system provided under the new law or under the present acts. 2. Permit any council by ordinance to utilize the new authority and to establish or abolish any existing commission or any commission hereafter established under the new act. 3. Enable the council by such ordinance to pro- vide for a traditional civil service procedure or any other suitable merit procedure estab- lished by it, with or without the use of a commission having such rule making, appel- late, advisory or supervisory responsibility as the ordinance provides. 4. Permit a merit system ordinance to provide for the use of any appropriate testing and selection technique to determine employ- ment eligibility, including oral examinations or interviews, to determine the scope of ten- ure rights and procedure for enforcing such rights, and to define the offices and employ- ments to be excluded from the civil service or merit system. 5. M.S. 471.616, which deals with competitive bidding for employee group insurance, in- cludes a provision requiring that the aggre- gate value of benefits cannot be less than those provided by the pre - existing contract. The apparent intent is to prevent the reduc- tion of employee benefits, but it also effec- tively prevents the negotiation of a different total compensation package and has resulted in the rejection of bids which included addi- tional benefits because the local government did not want to be committed to a higher level of benefits in perpetuity. The League recommends that this provision be repealed or modified in a way which eliminates the problem. 4 -13. Intergovernmental Personnel Act In Minnesota, personnel management services for local government initiated with the assistance of Intergovernmental Personnel Act grants have proven valuable in improving personnel admin- istration in cities and counties. The League strong- ly supports continued federal funding of IPA programs at the current level as well as continuing the matching requirement at the 75/25 basis as in the original act. Furthermore, Minnesota has de- veloped an effective advisory council process, which represents local governments as well as other interested governmental agencies, to review all grant proposals. Congress should not by -pass this 15 process by earmarking funds for certain types of programs or organizations, but should continue to allow each state to allocate funds according to its own priorities. 4-C. State and Federal Involvement in Local Per- sonnel Policies and Practices While recognizing that there are areas of public employment in which the state or federal govern- ment has a legitimate interest in establishing mini- mum qualifications or employment certification programs to insure that an identifiable state or federal interest is protected, the League opposes state or federal intervention where such an interest is not clearly manifest, or interference in basic per- sonnel policies through mandated salary schedules. In addition, subject to laws prohibiting discrimina- tion in employment, neither the state nor the fede- ral government should become involved in the hir -, ing, disciplining or dismissal of specific individuals. 4 -D. Veterans Preference The League believes that a certain amount of veterans' preference in public employment is a,jus- tifiable means of compensating veterans for time lost from their personal career development while serving the nation. However, veterans' preference must be granted in a manner which does not ob- struct equal opportunity in employment and does not prevent the employment and promotion of the most qualified person for the job. In 1975, the legislature adopted a uniform veterans' preference law for both state and local employment which balances these objectives in an appropriate manner. The League does not believe this law should be amended further until we have had several years experience with it. 4 -E. Minnesota Minimum Wage Law In 1973 the legislature passed the Minnesota Fair Labor Standards -Act which establishes mini- mum wage rates for cities and other local govern- ments. One of the spin -off effects of this law has been to significantly reduce the summer employ- ment opportunities for high school and college stu- dents in cities and other local governments. It has also forced cities to curtail recreation and related programs for young people in many cities in all parts of the state. In order to alleviate this prob- lem, the League urges that this law be amended to exclude high school and college students who work for cities on a part -time or seasonal basis. 4 -F. Temporary Military Service When an employee is temporarily absent because of short -term military service, a public employer should be required'to pay the difference, if any, between the employee's public pay and his military pay, up to the 15 day statutory period. Pension and other rights should be protected. 4 -G. Unemployment Compensation In 1973 all public employees were brought un- der unemployment compensation for the first time. While this coverage provides some additional finan- cial security for municipal employees, . it has also resulted in large payments by a considerable num- ber of cities which do not seem warranted. For example, cities are required to pay the cost of un- employment compensation claims for employees who voluntarily quit their jobs, who are discharged for cause, and who are employed on a temporary or seasonal basis. In order to correct this situation, the League recommends that the unemployment compensation law be amended to provide that em- ployees who leave employment under such circum- stances be required to gain new employment for a designated period of time before they would be eligible for unemployment compensation. Further- more, high school and college students employed on a. seasonal basis should be.excluded from cover- age. 4 -H. Government Training Service Training for local government officials and em- ployees has become increasingly important in re- cent years as governments seek to maximize the ef- fectiveness of their officials and employees and seek to build organizations that have the ability to cope with change. In 1976, the consumers of local training (i.e., local government officials) and seve- ral major public organizations and institutions crea- ted, through joint powers, a new organization, the Government Training Service, to establish an effec- tive mechanism through which they can pool re- sources to meet training needs. The Government Training Service is clearly consumer- oriented so that it can reflect and represent local government interests and concerns. The League as well as other major local government groups in Minnesota in- cluding the Association of Minnesota Counties and the Minnesota School Boards Association, have en- dorsed this ambitious undertaking and are active participants. Since the State of Minnesota and the University of Minnesota are also partners in the 16 new joint enterprise, we urge the state legislature to provide financial support to the Government Training Service. 4 -I. Local Police and Firemen's Pension Funds The financing of local police and firemen's relief associations continues to be one of the most serious public pension problems in Minnesota. Further- more, while a number of local laws have been passed phasing out local retirement associations, it is still highly desirable to establish certain uniform poli- cies governing all of these relief associations, ex- cept those in cities of the:first class. Therefore, the League recommends that the legislature amend the Guidelines Act of 1969 to incorporate the-follow- ing policies which should apply to all local relief associations except those in cities of the first class: For those local funds in which retirement benefits are based on the salary of active members of the association (the so- called "escalated" plans), all newly employed pol- ice and fire personnel should become mem- bers of the PERA Police and Fire Fund. With respect to the remaining funds, the placement of newly hired police and firemen in the PERA Police and Fire Fund should be optional at the discretion of the city. 2. Adequate provision should be made for fully funding any local relief associations which are phased out as a result of the application of these policies. 3. Employees'contributionsshould be increased to at least 8 percent of the base salary upon which pension benefits are calculated or 40 percent of the normal cost of financing the benefits, whichever is less. Furthermore, any increase in benefits, including any result- ing deficit, should be financed 60 percent by employers and 40 percent by employees, over a period of not more than 30 years. 4: The legislature should not retreat from the present requirement that these plans be funded at. the frozen deficit level but should consider the adoption of guidelines for the amortization of existing deficits. 5. Provision should be made for refunding em- ployee contributions with interest where the employee terminates employment before qualifying for a pension, as is done in PERA. 6. The membership of the governing bodies of tions and the cities with which they contract. To local police and fire relief associations this end, the League 'recommends the following should be modified to include three employee specific amendments be enacted: and two employer representatives. If possible, some limited form of portability into the PERA Police and Fire Fund should be provided to members of local police and firemen's relief associations if they take a public safety position in another governmen- tal unit before their pension benefits are vested. The PERA law should also be amen- ded to permit a member of the PERA Police and Fire Fund to continue his PERA cover- age if he takes a public safety position in a city with a local relief association. 8. Uniform partial vesting should be provided in local police and firemen's relief associa- tions after ten years of service, but without any escalation of benefits. If the legislature determines that the uniform policy suggested above should not be enacted, the League urges that enabling legislation be enacted permitting any city with a local police or firemen's relief association to place all newly hired police and fire personnel under the PERA Police and Fire Fund, provided that adequate measures are taken to fully fund any deficit in the local relief associa- tion being phased out. In charter cities the phase- out should be accomplished by amending the city charter. In statutory' cities, the phase -out should be accomplished by adopting an ordinance by un- animous vote of the city council. 4 -J. Volunteer Firemen's Relief Associations Through the some 550 municipal volunteer fire departments and more than 20 non - profit firefight- ing corporations, hundreds of cities throughout the state provide fire protection services to their citi- zens in a very economical manner. Most of these departments and non - profit corporations provide their volunteer members with some type of pen- sion as partial compensation for their community service. Traditionally, the type and level of pen- sion benefits provided as well as the administration and investment of the pension funds has been han- dled locally in accordance with benefit limits and financial standards specified by law. Although this system has worked very well, there is need to pro- vide cities more flexibility in the use of state aid funds and to spell out more clearly the relation- ships between the non - profit firefighting corpora- 17 1. Partial vesting of pension benefits should be provided after ten years of service. 2. In the case of lump sum pension benefits, specific statutory authority should be enac- ted to permit payment of a term certain an- nuity (i.e., in periodic installments) including interest. 3. The law should require that the governing body of each city contracting with a non- profit firefighting corporation must approve any pension or other benefit change to be made by the corporation, as is the practice in municipal volunteer associations. 4. Cities should receive the state aid rather than the state aid being paid directly to local vol- unteer firemen's relief associations or to non - profit firefighting corporations as pre- sently provided by law. 5. In the instance of dual membership as both a fulltime fireman and a volunteer fireman for the same city, the fulltime fireman should not be eligible for a volunteer pension in ad- dition to his fulltime pension. 6. Volunteer ambulance attendants should be permitted to be members of the appropriate local volunteer firemen's relief association and receive pension benefits on the same basis as,the other members. 7. Each firemen's relief association and non- profit firefighting corporation should be re- quired to file a current copy of its bylaws with the Commissioner of Insurance and to file a revised copy of the bylaws upon each benefit change. d -K. PERA Benefits, Financing and Administra- tion The adoption in 1973 of the "high five year" benefit formula for PERA has provided very ade- quate pension benefits for career municipal em- ployees. However, there are a number of related policy issues which have not been dealt with in the law. Therefore, the League strongly urges the legis- lature to adopt the following policies in the form of amendments to the PERA Law: 2. 3 4 Any increases in PERA general fund benefits enacted subsequent to 1973, including any resulting deficits, should be financed by matching contributions, shared equally by employees and public employers, over a per- iod not to exceed 30 years. Any increases in benefits under the PERA Police and Fire Fund, including any resulting deficits, should continue to be financed 60 percent by employers and 40 percent by employees, over the same amortization period. Since the equal, matching employee and em- ployer contributions to the Coordinated Plan within PERA are sufficient to finance the present benefits and liquidate the exist- ing deficit in less than 30 years, all of the employer additional contributions (i.e., the 1.5 percent of the salaries of employees un- der the Coordinated Plan and the 2.5 per- cent of the salaries of employees under the Basic Plan) should be specifically and exclu- sively earmarked for the reduction of the ac- tuarial deficit in the PERA Basic Plan. The employers' additional contributions should continue until this deficit is liquidated or un- til 1997, whichever occurs earlier. Since any increase in benefits enacted for PERA retirees is in essence a gratuity, the resulting cost should not be paid from the PERA Fund, but rather should be financed by a direct appropriation from the State General Fund. The actuarial assumptions concerning the rate of investment earnings and of salary in- creases should be a conservative reflection of actual experience. The present assumption concerning the rate of investment earnings is consistent with this policy, but we urge the legislature to raise the assumed rate of salary increases to more nearly reflect the ac- tual experience during the last ten years. 5. The League supports the continuation of the Minnesota Adjustable Fixed Benefit Fund as a means of providing post- retirement increa- ses in the pension benefits of retirees under the state -wide pension funds. However, in the event the legislature determines that some other mechanism for providing such in- creases is more appropriate, the League urges that the legislature provide that: (a) no in- creases be made during the first three years 18 after retirement or until the Consumers Price Index increases at least ten percent; (b) a specific limit, be placed on the increase granted in any one year; and (c) the cost of such increases, including any resulting defi- cits, be financed as provided in paragraph 1 above. 6. That portion of the PERA Law which pro- vides for a 5 percent per year augmentation of deferred pension benefits seems unduly generous. Furthermore, since the augmen- tation provision was adopted, the law has been amended to provide for the calculation of pension benefits based upon the total length of service under any of the three statewide pension funds. This largely elimin- ates the justification for such a generous aug- mentation provision. Therefore, the League urges that the PERA Law be amended to provide either for augmentation at the rate of 3 percent per year, or that all funds in the member's account be transferred to the Min- nesota Adjustable Fixed Benefit Fund. 7. Local elected officials should have the op- tion of participating in the State Unclassi- fied Pension Plan if they choose. 8. Further steps should be taken to integrate the administration of the three statewide pension plans. 4 -L. Proposed Federal Pension Legislation The State of Minnesota through its legislature has demonstrated a continuing concern over the past two decades for the security of public employ- ee retirement funds. Standards have been adopted requiring full funding and steps have been taken to strengthen management responsibility and report- ing to employees. Moreover, a permanent commis- sion has been established by the legislature to study and analyze public retirement funds and ad- vise the legislature on appropriate steps. Adequate controls and standards exist in Minnesota to safe- guard the interests of the participants in public em- ployee retirement funds. Any proposed national controls and standards should pertain only to matters of funding and should be designed to ex- clude public funds such as those in Minnesota where adequate safeguards already are present. 5. Public Employee Labor Relations The basic purpose of legislation governing labor relations in the public sector is to estab- lish an impartial legal and administrative framework within which the interests and rights of public employees on the one hand and the interests and rights of the public as reflected' through their elected representa- tives on the other, can be brought into bal- ance. In keeping with this philosophy, the League has long been on record in favor of laws to safeguard certain rights of public em- ployees, including the right to form and join labor unions, and the right to bargain collec- tively with public employers. However, the law must also safeguard certain rights of the public, including the right to make policy decisions and set priorities through their elec- ted representatives and the right of local gov- erning bodies to direct and control manage- ment and supervisory personnel in carrying out public programs and services. Further- more, within the context of these basic rights, the legislation should encourage the settle- ment of any disputes and differences concern- ing the terms and conditions of employment through the collective bargaining process ra- ther than by resorting to compulsory, binding arbitration. In view of recent developments which have occurred at both the state and federal levels, the League believes it is necessary to critically review both existing legislation and any pro- posals under consideration to determine their consistency with the general purpose stated a- bove. 5 -A. Federal Labor Legislation In 1971, Minnesota adopted a comprehen- sive Public Employment Labor Relations Act, which covers all public employees within the state. The scope of the law is sufficiently broad to permit free and extensive participa- tion in the collective bargaining process by both the public employee and employer, in- cluding the right to strike for certain classes of employees. The League of Minnesota Municipalities is opposed to federal labor leg- islation covering state and local employees on the grounds that it is unconstitutional and that it is patently unnecessary. If the U.S. IC] Supreme Court determines that such legisla- tion is constitutional and the Congress finds it necessary to adopt some sort of national legis- lation in this area, we believe the best alterna- tive would be to extend the provisions of the National Labor Relations Act to public em- ployees in those states that do not have exist- ing labor legislation and allowing those states the opportunity to draft their own laws as the need arises. 5 -13. Minnesota Public Employment Labor Rela- tions Act Experience with this law during the last several years indicates that several amend- ments should be made in order to safeguard the rights of local governing bodies, to encou- rage the use of the collective bargaining pro- cess, and to improve the administration of the law. The League supports the following speci- fic changes. 1. Public Employment Labor Relations Board. The composition of the Board should be changed from the present five, part -time members to three full -time members but it should continue to be a tripartite body (i.e., one labor representative, one management representative and a neutral chairperson). A procedure should be provided in the law to as- sure that the appointees to the Board actually represent these three points of view, as for example, the Missouri plan for the selection of judges. The authority of the Board should be extended to include bargaining unit deter- minations, scope of bargaining, elections and unfair labor practices. Provided however, that disciplinary actions against employees and unions for participation in illegal strikes should continue to be the responsibility of local governments and the courts respectively. Furthermore, all of the decisions of the Board should be subject to appeal to district court. 2. Impasse resolution. The distinction be- tween essential and non - essential employees and the provision for compulsory, binding ar- bitration should be eliminated from the present law. If this is not acceptable to the legislature, then when an impasse exists in- volving essential employees, the local govern- ing body should have the option of request- ing arbitration which would be binding on both parties. If the local governing body does not request arbitration within a specified time, the employees could legally strike.- 3. Contract arbitration. When arbitration becomes necessary, the parties should have the choice of using an arbitration panel com- posed of three neutral members or a tripartite panel composed of one member selected by the union, one by the. public employer and one neutral member, who would serve as chairman. A procedure should be provided in the law, possibly modeled after the Missouri plan for the selection of judges, to assure that the arbitrators certified by the Public Em- ployment Labor Relations Board are both highly qualified and neutral. Furthermore, arbitrators should be required by law to pro- vide a thorough written rationale for all their decisions for the future guidance of employers and unions. Finally, the .cost of the neutral members of any arbitration panels should continue to be borne equally by the parties involved in each dispute. 4. Supervisors and collective bargaining. The Public Employment. Labor Relations Act of 1971 as amended provides full collective bargaining rights to all supervisory personnel, thereby placing in jeopardy the concept of "management" in the public sector. Super- visors of "essential" employees in most cases are placed in the same bargaining units as the employees they supervise because of current statutory criteria. Supervisors of other em- ployees are granted full collective bargaining rights in separate bargaining units and confi- dential employees are granted similar bargain- ing rights. This approach is inconsistent with the National Labor-Relations Act and laws in many other states where supervisory and con- fidential employees are outside the collective bargaining process as agents of .the employer. The extension of full collective bargaining rights to supervisory and confidential employ- ees seriously impairs the ability of public em- ployers to adequately manage in the public interest. Supervisors of public employees should be treated in a manner similar to supervisors in the private sector, i.e.,. their management role should be acknowledged and they should not have bargaining rights. In no event should supervisory employees be represented by an employee organization which represents non - supervisory employees. Similar standards should apply to confidential 9C employees. Appropriate legislative changes should be made to restore the concept of management in government. Furthermore, the term "supervisory" should be defined and construed consistent with the National Labor Relations Act. 5. Restrictions on bargainable issues. Sev- eral matters are excluded by law from the col- lective bargaining process, especially union security provisions and matters pertaining to pensions. Items such as dues check -off and agency shop should be the subject of the bar- gaining process, not automatically required of the employer. Furthermore, locally ad- ministered pensions should be subject to bargaining. 6. Public Safety The protection of lives and property is a signifi- cant responsibility of cities and throughout the state, the majority of police, fire and other public safety services are provided locally. In recent years a number of new initiatives have developed which have the potential to improve public safety services while maintaining local control. The League be- lieves the following policies would carry out this direction: 6 -A. Police Training The basic police training mandated by the state is an important factor in promoting basic profes- sional skill levels among officers throughout the state. However, a network of trained officers can best be developed and maintained if the cost of training is minimized and its availability is in- creased. To move toward these goals, we suggest the following: The opportunity to undertake academic work at post- secondary schools is a valuable pre - professional training experience for po- tential police officers before they are em- ployed. It offers students the opportunity to study public safety issues in a broad con- text and help them identify whether they wish to become career officers, and it assists local units by creating a pool of candidates for employment. The League endorses this approach to pre- service training, as well as the recommendation of the Peace Officers Training Board that such training should be made more widely available by reducing the number of academic hours required be- fore enrollment in the basic BCA course to permit students at community colleges, among others, to be eligible to take the basic course upon completion of the academic work. 2. Some potential police officers should have the opportunity to complete their basic training before they are hired, through in- creased enrollment capability in the basic Bureau of Criminal Apprehension course. 3. Basic police officer training should be avail- able at locations outstate, using such facili- ties as community colleges or area voca- tional- technical schools, with training pro- vided or approved by the Peace Officers Training Board. 4. A surcharge on all fines should be imposed and the resulting funds used for reimburse- ment of the local share of training costs. 6 -B. Lateral Entry in Law Enforcement and Fire Service As law enforcement and the fire service become more professional and requisite skills become more sophisticated, there is a need to encourage lateral entry or lateral mobility so that all officers can find the employment for which they are the most qualified, and so that local agencies can have greater opportunities to promote or hire the most qualified individual for any one position. Certain civil service laws and the lack of pension porta- bility hinder lateral entry and mobility. We en- dorse the changes in those laws which are addres- sed in other sections of the League policy state- ment. 6-C. Local Discretion to Amend the State Building Code for Public Safety Purposes Although the traditional approach to protecting lives and property is to respond to emergencies, at- tention increasingly centers on preventing emergen- cies through a variety of strategies. There is no question that incorporating certain protective fea- tures into building design and construction -- es- pecially in high -risk areas or certain high -risk build- ing -- would serve to better protect the lives and property of occupants. Furthermore, if these pro- tective features were incorporated, evidence indi- 21 cates that the rising cost of public safety services would be curtailed to a significant extent. The League recommends that the state building code be amended to permit any city to enact ordi- nances to require fire protection and building secu- rity features that exceed those set forth in the code. Furthermore, the Local Affairs Subcommittee of the Building Code Standards Committee should study and make recommendations to the legisla- ture on means to amend the code to incorporate such features. 7. Human Services Individuals are the most valued resource of any community. To protect and promote the equal opportunity of individuals to improve their social, economic and physical well being, and to seek and develop new and improved means of developing human resources, are the responsibilities of every city. The League supports the following policies to encourage the development of human resour- ces: 7 -A. Development of Human Resources Minnesota has a strong reputation as a national leader in legislation and programs that are focused toward strengthening the ability of the individual so that each person can apply his or her talents to the fullest possible extent in attaining a quality education, achieving and maintaining good health, in having a job, and in living in comfort, safety and decency. We believe that all public jurisdictions have a particular responsibility to promote and en- courage efforts in employment and delivery of services to insure that individuals have equal ac- cess to these opportunities. To facilitate these ef- forts, we support the following initiatives: The Minnesota Department of Human Rights should administer federal civil rights laws and executive orders within the state, through memoranda of agreement with appropriate federal agencies. The Department, insofar as possible, should develop and disseminate comprehensive guidelines and procedures for compliance with federal as well as state laws and regulations that will clarify the some- what confusing multiplicity of regulations emenating from different federal agencies. The Department should also be the single point of responsibility for enforcement of state and federal regulations and guidelines within Minnesota, except where cities are the enforcement agency. 2. The League also supports the efforts of the Minnesota Department of Human Rights to provide an educational program on civil rights matters for public and private employers throughout the state. Federal and state funds should be provided to implement this program. 3. Cities on their own initiative in concert with municipal human rights commissions, should continue to look for meaningful ways to en- courage the development of individuals and to promote equal access to job and housing opportunities and to public services. 7 -13. Delivery of Human Services Large and small cities throughout Minnesota have developed a wide range of programs and phy- sical institutions which focus on human services, including police and public safety services, park and recreation centers and programs for all ages, libraries and the educational programs they pro- vide, community centers, hospitals and nursing homes. These programs and institutions are visi- ble responses to the fact that almost 80 per cent of Minnesotans live in cities, and that the urban envir- onment tends to provide the support for the insti- tutions that provide human services. While we believe that all citizens, regardless of where they live, should have equal access to human services, we also believe that cities will continue to provide the focus for the delivery of human ser- vices and that these services should be developed by using the resources, systems and facilities that are already available in the urban communities, avoiding duplication of services that are already provided at the local level. State policy regarding human services, including health services, correctional services such as com- munity -based corrections, and other public assis- tance services, should recognize the role of cities in a positive manner. Specifically, city councils should have continuing input into the delivery of human services and should be represented on the govern- ing bodies of human service delivery agencies such as countywide health boards. Furthermore, city 22 councils that choose to do so should have the op- portunity to initiate proposals or to - review and modify the implementation of human services such as community -based corrections, community health services and environmental health services. Finally, as modifications are made in state and federal human services programs which are locally adminis- tered, three. basic policies should be incorporated: (1) any mandated service programs should be ac- companied by continuing state or federal financial support; (2) to the maximum extent possible these service programs should be integrated into the existing local government. structure; and (3) cities should be eligible recipients for state and federal grants to carry out such programs. 8. General Legislation The interests of cities are very wide ranging in scope and subject matter. The League supports the following policies which address a variety of sub- ject matter areas: 8 -A. Open Meetings Law Municipal officials as a group strongly agree with the basic premise of the open meetings law -- that is, to assure the public's right to be informed about the conduct of the public's business. However, the law should specifically state that it applies only to meetings where a quorum of the body is present, to clarify the present restrictive interpretation of the law, and the definition of adequate notice should also be clarified by the legislature. These changes would settle issues of interpretation of the statute, and make it easier for public officials to comply. We also believe that there are certain specific in- stances where the public interest would be better served by permitting a local governing body to meet in executive or closed. session. These instan- ces include discussion of labor negotiation strategy, discussion of present or potential lawsuits with an attorney, certain discussions relating to employees, and discussions regarding the purchase of land for a public purpose. In order to safeguard the public's right to know in these instances, the local govern- ing body would make the decision to hold a closed session by a 2/3 vote, and a written or taped record of the meeting would be made for later disclosure when the information is no longer sensitive. Finally, the law should be clarified so that any legal action or penalty is provided only when there is a willful violation under the law. 8 -B. Adjusting Dollar Amounts in City Statutes By a Constant Dollar Index Inflation has had an effect upon cities beyond a mere exertion of upward thrust on budgets and ex- penditures. The legislature has .quite consistently included within authorizing and enabling legisla- tion, limitations expressed in dollars. These dollar limitations, while quite appropriate at the time of enactment, become progressively more constrict- ing with advancing inflation. Therefore, the Lea- gue recommends that certain of the more impor- tant and often used authorizing statutes containing dollar limitations be modified by application of a constant dollar index figure calculated from the year of enactment, to the limitation set out in the act. The modification should be made so that when statutes relating to other statutes are modi- fied, the dollar limitations are adjusted in a uni- form manner. 8 -C. Conflict of Interest in Contracts The League and city officials have strongly sup- ported the relatively stringent law which forbids a city official from taking part in any sale, lease or contract transaction between the city and a private supplier in which the official has a personal finan- cial interest, however modest. While there is evi- dence that this prohibition may at times result in increased public expense, we feel that the public interest on the whole is best served by continuing the prohibition. However, certain modifications in the application of the law should be made in the light of a recent new law and to keep current with inflation in costs. First, the maximum dollar amount of authorized contracts with officials should be $3,000. Second, since savings and loan associations as well as banks are now legal deposi- tories for city funds, the designation as a deposi- tory of such an association, like that of a bank, should be authorized even where a city official has a financial interest in the institution. 8 -D. Disposal of State Surplus Property Personal property that is declared surplus by the state should be made available for acquisition or purchase for governmental use by local govern- ments before it is available to the general public. Appropriate legislative and administrative changes should be made. 23 8 -E. Courts and judicial Administration Minnesota made a major revision of the lower court system in 1972, when the law that created a county court system to replace municipal and jus- tice courts went into effect throughout most of the state. The League continues to support this system and, in view of the limited experience we have had with the county court system, we would oppose any further consolidation of the court system in Minnesota until sufficient time has pass- ed during which the operation of the county court system can be evaluated. Experience over the past few years has shown that many cities, especially smaller cities, have experienced costs for prosecution and associated activities beyond their ability to support. We re- commend that the law be amended to require that county attorneys prosecute all cases involving local or state law, except where the city council by ordi- nance has designated that the violation of certain ordinances or misdemeanors would be prosecuted locally. The county should be permitted to retain a major portion of the fines when the county attor- ney prosecutes a case. Also, the law should be amended so that in petty misdemeanor cases, whether by law or ordinance, there is no jury trial. 8 -F. Good Samaritan Law The Good Samaritan Law, a law of interest to municipal employees in the provision of emergency care, has never really served its purpose because, unlike similar laws in other states, it preserved the common law liability of a Good Samaritan for damages resulting from ordinary negligence in ren- dering emergency care. The League recommends that the law be amended to limit the liability of a person rendering emergency care at the scene of an emergency to liability for willful or wanton mis- conduct. 8 -G. Liquor Control Issues The League and its members strongly supported the legislature in 1974 when it modified liquor laws to make the number of on -sale liquor licenses issued a matter for local determination and to eli- minate the phase -out requirement when there are municipal on -sale or off -sale liquor operations. We recommend that the legislature build on these ini- tiatives by taking the following actions: 1. Cities should have the same authority to es- tablish fees for off -sale liquor licenses and special club licenses that they now have for on -sale liquor and beer licenses and off -sale beer licenses. However, in the event that the legislature determines that there is a need for uniformity throughout the state in fees for special club licenses, the statutory limits should be keyed to gross sales and should be substantially increased. 2. To ease problems of local enforcement, the laws relating to the presence of minors in on- sale establishments where liquor or 3.2 beer is sold should be clarified and made consis- tent. Statutes should clearly define when minors may legitimately be on such premises and under what conditions. 3. Private liquor operations should be required to post a substantial bond or to secure liq- uor liability insurance in amounts reasonably adequate to cover any anticipated claims under the Liquor Civil Damage Act. Also, the Liquor Civil Damage Act should be modified to provide for consideration of any comparative negligence on the part of the claimant as it relates to the total cause of the loss. 4. The League opposes the sale of wine in gro- cery stores because it would create addi- tional problems in enforcing liquor laws. I 24 .8 -H. Hazardous Building Law The League- sponsored law providing a procedure for the repair or.removal of hazardous buildings and the filling or protection of hazardous building excavations has been useful to cities in eliminating blight and upgrading neighborhoods, but several minor defects in the law should be eliminated to make it more workable. The League therefore re- commends the following changes in that law, Min- nesota Statutes, Sections 463.15 - 463.261: 1. Elimination of the inappropriate references to the assessment procedure of the local im- provement code. Reliance should be made instead on the present provision of M.S. 463.22 for the collection of the municipal net expenses for repair or removal of a dila- pidated. building as a special charge after court determination of the amount and upon a new provision for assessment after notice and hearing in the case of the filling or protecting of dangerous building excava- tions. 2. Extension of the definition of owner, occu- pying tenant, and lien holder, now appli- cable to mailed notice requirements in con- sent proceedings, to all hazardous building and excavation proceedings. 3. Correction of a citation error in M.S. 463.152, Subd. 1 to link the eminent domain autho- rity of the act to the hazardous building definition and thus carry out the obvious -legislative intent. _ TELEPHONE: 293 -7300 (AREA ConE 202) UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHINGTON, D. C. 20006 June 17, 1976 Dear Mayor; As Chairperson of the United States Conference of Mayors Committee on the Bicentennial, it gives me great pleasure to present to you the enclosed certificate. This document certifies that your city has identified a Bicentennial program of lasting value for the national survey entitled THE COMMUNITY BICENTENNIAL: LASTING REMINDERS. This certificate also conveys our deep appreciation for the support that you have given to the LASTING REMINDERS effort. With your continued support, the Mayors Committee on the Bicentennial will produce a national report on the nature of community impacts resulting from city implemented Bicentennial programs. In addition, it will develop a handbook of useful program ideas and approaches based on information gathered through the LASTING REMINDERS survey. You may expect to receive a copy of this handbook in early September. My congratulations are extended to you and to the many individuals who have worked with you to develop a Bicentennial program of lasting value in your community. Sincerely, Moon ndrieu Presi nt 4 • p ' f Proposed Amendment to 3-1. capital Reinvestment At the end of the last sentence, add: "and determine appropriate means to provide assistance for such capital reinvestment needs. 1. PROPOSED ATAENTJiENT TO POLICY 1 —F ELECTRIC UTILITY GROSS REVENUES TAX On the fourth line counting from the bottom of the paragraph, insert the word "future" before the v:ord "major" and delete the word "future" after the v!,ord "major." 1 -F. Electric Utility Gross Revenues Tax A gross earnings tax should be levied on all pri- vate electric utilities (excluding municipally owned) with gross revenues in excess of $5 million annual- ly, in lieu of property taxes on electric utility faci- lities. The gross revenues tax should be established at a percentage rate which will yield no less than the total property taxes paid by all affected utility companies in the most recent year for which such figures are available. The resulting revenues should be distributed as follows: (1) any city or town could decide to receive as its share an amount equal to its property tax receipts from electric utilities for the most recent year such figures are available; and (2) the remainder should be distri- buted on the basis of the electric utility revenues collected within each municipaiity. Within each af- fected city and town, all local governments levying a property tax should share in the distribution of such revenues in proportion to the taxes levied.. The municipalities electing to receive the property tax equivalent should receive this amount only so long as the specific property is used for utility pur- poses. Any municipality which is the site of a fv vi, c, major4Kttre utility generating facility or other in- stallation should receive additional compensation to reflect additional municipal costs resulting from the installation. PROPOSED LEAGUE CONSTITUTIONAL AMENDMENTS Amendment No. 1 In Article I, Section l; Article. II, Section 5; Article VIII, Sections 1, 3, and 4, change the name "League of Minnesota Municipalities" to "League of Minnesota Cities." Explanation An article in the April issue of Minnesota Municipalities explains fully the pro- posal to change the name of the organization. On the basis of the mailed suggestions to this office, the name "League of Minnesota Cities" was chosen in the wording of the. amendment although "Minnesota League of Cities" was very close behind. Someone preferring the second suggestion may move to amend the motion at the'con- ference. In this way, the vote on the amendment will actually be a vote on which name to choose. Amendment No. 2 Article II, Section 1 is amended to read: Any municipality in the state of Minnesota shall be eligible to for membership in the League. Wherever the word "municipality" is used in this constitution, it shall mean "cityr villagey bereughr or urban town. Explanation Since the League was organized to represent the interests of municipalities, it seems appropriate that membership be limited to cities and to urban towns (towns with most of the powers of cities). The League staff, then, would be able to.answer the few inquiries it receives from towns that are not urban towns. Amendment No. 3 Article IV, Section 4 of the Constitution of the League of Minnesota Municipalities is.. amended by adding the following paragraph at the end: The board of directors shall have the power to purchase, own, mortgage, or convey such real estate and other property in the name of the League or in the name of any mem- ber when authorized by that member, as may be necessary for the purposes of the League. This grant of authority shall include power to purchase or sell on a contract for deed or conditional sales contractor otherwise. the board of directors may authorize officers, agents, or employees or any of them to enter into any contract or execute and deliver any instruments or obligations in the name of and on behalf of the League. Explanation While the League was affiliated with and housed by the Universi - 2 - Amendment No. 4 Article II, Section 3 is amended to read: Any municipality which shall have failed to pay, or made a commitment to pay, its dues by the first of Mapek January following the due date, shall be stricken from the membership roll. Explanation Since several League services for members, notably the Legislative Bulletin, begin in January, it seems more logical to remove delinquent members from the mailing lists before the services begin. Four months (from September 1 to January 1) should be ample time for making the decision to continue membership in the League. 6/2/76 is 1. 2. PROPOSED AIUE ID TNT TO POLICY :. =YY4TION OF RAILROADS On the seventh line counting from the :nttam of the paragraph, add "s" to the word "railroad" and delete the wordz "operating property." On the fourth line counting from tine ;,:t` m of the paragraph, after the word "railroad" delete the word "operatir ." 1 -E. Taxation of Railroads In 1974 the Minnesota Constitution was amen- ded to permit the legislature to determine how rail- . roads and railroad operating property is to be taxed, just as is the case with other industries and property. While a plausible argument can be made for taxing railroad operating property on an ad valorem basis in lieu of the present gross earnings tax, the proposal which has been offered by the railroads contains some very serious flaws. Fur- thermore, after examining the alternatives, the Lea- gue believes there are valid administrative and other reasons for retaining the present gross earn- ings tax on railroadsepe+a4-419y• However, some of the resulting revenue should be distribu- ted on a fair and equitable basis to local govern- ments which contain railroad &pe"4�" property and the remainder of the resulting revenue should be used to increase the local aid distribution to municipalities. 1 AMENEWT Policy 8G, paragraph 3. After the first sentence, insert a new sentence to read as follows: "The city shall be permitted to require an amount of coverage in excess of any amounts which may be required by state law." AIVENDN ENT Poli cy 8E Amend the third sentence of the second paragraph to read as follows: "The county should retain approximately two- thirds of the fines when it is the county attorney's responsibility-to prosecute, and when it is the city's responsibility to prosecute, the city should retain approximately two- thirds of the fines." AMENDMENT policy 3Hlc to read as follows: The law should be amended to provide that counties or solid waste management districts, which have adopted a comprehensive solid waste management program, have legal jurisdiction over the methods of disposal of all refuse within their jurisdiction; G A1J�NIXUIENT Amend Policy 3D1 by adding the following: • "Building officials, before they are licensed, should be required to have had five years of experience in building�jjls n. +r PROPOSED AMENUMT TO POLICY 3-B -5 MINNESOTA MUNICIPAL COMHISSION, ORDERLY CONSOLIDATION Policy 3-B -5 to read as follows: 3-B MINNESOTA MUNICIPAL COMMISSION 5. The legislature should grant the Commission authority to pro- vide an alternative "orderly consolidation" procedure for the gradual consolidation of two or more incorporated municipalities, providing such a procedure could be initiated only by the con- current resolution of the governing bodies of any affected municipalities. After the Commission issues its final consoli- dation order, the law should provide that upon petition of five per cent of those voting in.the last general election or 2,000 persons, whichever is less, of any city involved, there would be a single referendum on the question involving all persons in the proposed consolidated municipality, except that a refer- endum to pass would require a majority of votes cast in each municipality. PROPOSED A14ENM ENT TO POLICY 3 —A -2, LAND USE After line 10 of policy 3 —A -2, insert "would be restricted to those compatible Nvith its present zoning and in return for" M 3 -A. Land Use 2. Minnesota law providing preferential pro - perty assessments for agricultural property (i.e. the Green Acres Act) should be amen- ded so that it will provide a posi,,ive tool for municipalities and counties in influencing orderly development. Specifically, provision should be made for deferred development contracts with the owners of 35 or. more . acres of land zoned agricultural, recreational or open space under which uses of the land would be restricted to those com- patible with its present zoning and' in return for which the land would be taxed on the basis of its value for that purpose. Such contracts would be made for a minimum off ive years and up to ten years by mutual agreement, with one year added on automatically each year when the contract has only four years to run unless either party wishes not to re- new the contract. Any special assessments for sewer or water improvements should be deferred as long as the deferred development contract is in effect and provision should be made for recapture of a reasonable portion of the appreciated value of the land in the event the deferred development contract is broken by the landowner or the land ceases to qualify for preferential treatment. To. the greatest practicable extent, recapture provi- sions should serve the objective of preserving needed open space without encouraging use of the deferred development contract for speculation. AMEN MENT Policy 2 -A Amend the last sentence of the first paragraph to read as follows: "The League therefore recommends that he home rule enabling act be amended to provide that at -least one member of the council or the mayor be included among charter commission members when established, or if -pr then_ after the first expiration of existing terms. .�T 4 - � Proposed Policy Statements and Legislative Program 1976-77 Member officials are urged to read and com- ment on the proposals on the following pages. There are still opportunities to comment on the policies developed by the study committees and to- suggest additional policies. Final review and approval by all municipal officials will take place at the Legislative Con- ference during the Annual Conference on Friday morning, June 11 in Duluth. League of Minnesota Municipalities PROPOSED POLICY STATEMENTS AND LEGISLATIVE PROGRAM OF THE LEAGUE OF MINNESOTA MUNICIPALITIES One of the most important purposes of the Lea- gue is to serve as a vehicle through which munici- pal officials throughout the state can define their mutual problems and develop positive policies and proposals for their solution. To accomplish this purpose, a three -step consul- tative process has been established providing for the study of issues by committees of municipal of- ficials, the review of the resulting recommenda- tions by the Legislative Committee:of the League composed of the Board and all study committee chairpersons, and final adoption at a biennial legis- lative conference attended by representatives of all member municipalities. The proposed policy statements and legislative program are intended to be of a continuing nature, subject to review and amendment every two years. Thus, they will provide the League Board and the staff with a continuing source of guidance when testifying before legislative committees and taking 1975 -1976 Committee Chairpersons Revenue Sources D. J. Black, Mayor, Hutchinson Local Government Structure Alice M. Wick, Councilmember, St. Cloud Community Conservation and Environmental Qual- ity Douglas Peterson, Mayor, Bemidji Personnel and Pensions Chris E. Cherches, City Manager, St. Louis Park Public Employee Labor Relations Jack Bailey, Mayor, Minnetonka Public Safety Mary Anderson, Councilmember, Golden Valley. Human Services Josephine D. Nunn, Mayor, Champlin General Legislation. Louis R. Donnelly, Mayor, Fairmont other actions which have legislative or policy impli- cations. Since the effectiveness of the League in the legis- lative process depends heavily on the commitment of municipal officials to the legislative program and their willingness to participate in achieving it, muni- cipal officials should also be involved in every step of the process of formulating the policies and issues which will be supported. Member officials are urged to read and comment on the proposals on the following pages. There are still opportunities to comment on the policies de- veloped by the study committees and to suggest additional policies. First, comments or suggested amendments may be given to any member of the Board, the study committees, or the League staff. Second, all the policies will be thoroughly re- viewed at the Annual Conference. Eight workshops on Thursday, June 10 will provide an opportunity for thorough review and new input. This year each workshop will begin with a brief agenda session, during which members will identify the policies they want to discuss first and /or spend the most time discussing. Members of the workshop panels or the League staff may be contacted in advance to comment on any policies. Needless to say, we hope every member will attend in person the work- shop sessions that are of most interest to her or him. Comments of those not able to be present will be reported. At the Conference as well as before, staff mem- bers will be available to consult on policies or to assist in drafting amendments. Final review and approval by all municipal offi- cials attending the Annual Conference will take place at the Legislative Conference on Friday morning, June 11 in Duluth. 1. Revenue Sources Although the fiscal relationships between the state and local units of government have changed dramatically for the better during the last half dozen years, continuing efforts will be required if the financial health and flexibility of local units of government are to be maintained without inordi- nate increases in local property taxes. The League strongly supports the following specific proposals which move in this direction. 1 -A. County - Municipal Aid The Omnibus Tax Act of 1975 incorporated several additional steps in the direction of a more rational state -local fiscal policy by increasing the amount of non - property tax revenue distributed to cities and by equalizing the basic per capita distri- bution which is made to outstate counties and to the Twin Cities metropolitan area. This law also changed the distribution formula to cities within each outstate county and the Twin Cities metro- politan area to reflect the 1970 population and the current city mill rate. The effect is to funnel the additional aid into those cities where the property taxes are highest. Although the impact of this new distribution formula varies markedly in different cities throughout the state, the results seem to be consistent with the legislature's continuing policy of reducing property taxes in those cities where they are the highest. However, provision should be made for the adjustment of the 1970 population figures to reflect more recent population figures. Also, the formula should be adjusted to take ac- count of the fact that the cost of certain services such as street maintenance, trash collection and street lighting are financed by special assessments in some cities and by the general tax levy in others, and that the cost of providing some services is generally independent of population. Further- more, transfers of revenue to the general fund from municipally -owned liquor stores and utilities should be treated as part of the local tax effort. Finally the distribution of state - raised revenue through the County - Municipal Aid Fund should be increased in 1977 and 1978 if possible, or at least maintained at the present level. 1 -B. Limitations on the Authority of Cities to Levy Property Taxes The 1975 session of the legislature made several changes to that part of M.S. Chapter 275 that limits the authority of cities to levy property taxes. These modifications excluded from levy limits cities with a population under 2,500, provided a one -time increase in the property tax levy limit, incorporated several special levies into the levy limit base and established a Levy Limit Review Board with authority to increase the levy limit base of individual cities and counties under specified conditions. These changes were made in recogni- tion of the fact the levy limit law was too inflexi- ble to accommodate the high rate of inflation and the diverse circumstances and problems faced by cities throughout the state. While these modifica- tions provided some temporary relief from several obvious problems, the levy limit law is basically inconsistent with our long history of local self -gov- ernment. Consequently, the League remains strongly opposed in principle to such limitations and advocates their repeal. If repeal cannot be ac- complished, the League supports the following amendments to the present levy limit law. 1. Even though inflation seems to be subsiding, the present 6 percent annual increase in the per capita limitation is unrealistic in view of rising labor costs and increasing demands for local services. Therefore, a more accurate index of governmental costs should be in- corporated into the law as a basis for auto- matically adjusting levy limits when govern- mental costs increase more than 6 percent. 2. The present method of permanently increas- ing the per capita levy limit by referendum has not proved workable. The League sup- ports the adoption of another procedure which would involve three steps; first, a pub- lic hearing would be held with appropriate public notice; second, the local governing body would act to permanently increase the per capita levy limit; and third, if the re- quired number of signatures are obtained on a petition, the question would be the subject of a referendum. If no valid petition were submitted, the action of the local governing body would become final. The present law allows cities to tax new commercial and industrial property for four years after the issuance of the building per- mit and use the revenue to pay for costs of providing governmental services to this pro- perty. Since the cost of services such as pol- ice and fire protection and street services are of a continuing rather than temporary nature, the League believes the law should be amended to make this a permanent spe- cial levy. 4. While the present law permits a special levy to pay the costs of complying with any law enacted by the Minnesota legislature, the same is not true for federal legislation unless compliance is required by written lawful order by the appropriate federal agency. As a consequence, cities must absorb the costs of complying with many federal laws and regulations within the present levy limits. The League believes the law should be a- mended to specifically permit a special levy to pay the costs of complying with any fede- ral law or regulation issued after 1971. 5. In both 1973 and 1975 amendments were passed to the levy limit law excluding cer- tain cities from this law on the basis of population, because it became obvious that the normal political forces at work in smaller cities made levy limits unnecessary. The League believes this is a reasonable way to proceed and that the law should be amended to exclude all cities under 5,000 population from levv limits. 6. Since 1971, there has been a significant in- crease in borrowing by local government for capital purposes, since the payment of prin- cipal and interest are exempt from levy limits. This has substantially increased the cost of capital improvements and equipment which in the past were often financed out of current revenues. To correct this situation cities should be permitted to levy taxes for capital improvement purposes outside of levy limits. 1 -C. Property Tax Administration In recent years, initiatives in state and local fis- cal policy have focused on avoiding increases in the tax burden on local property by providing alter- nate sources of revenue. However, a number of re- forms in the property tax system itself are needed to make it a more equitable revenue instrument, in- cluding the following: The subsidy aspects of the property tax sys- treat from the current deadline for certifi- cation of assessors. There should be direct state support of computer- assisted assess- ment systems where that is feasible and fi- nancial incentives should be provided to as- sessment districts which do an outstanding job. 3. Both state and local governments should take steps to insure that property tax assess- ments are equitable. Specifically, the legisla- ture should reject any measures which build in assessment inequities. 4. One of the glaring inequities in the Minne- sota tax system involves the free local ser- vices that are provided to tax - exempt pro- perty owned by the state and by certain non - governmental organizations. It is widely acknowledged that such property benefits directly from governmental services such as police and fire protection and street services provided by cities and counties. However, since there is no legal basis for claiming re- imbursement for the cost of such services, they are borne by the local taxpayers. Fur- thermore, such property is concentrated in certain cities and counties resulting in a heavy cost burden in certain parts of the state. The League believes this .problem should be corrected by enacting legislation requiring both the state and non- govern- mental owners of tax - exempt property, ex- cept for churches, houses of worship, and property used for educational purposes by academies, colleges, universities and semi- naries of learning, to reimburse cities and counties for the cost of such services. 5. All property tax laws should be recodified. 6. The number of classifications of property for property tax purposes should be re- duced. 1 -D. Distribution of Telephone Gross Earnings Tax tem should be eliminated-and direct state The taxation of telephone companies on a gross subsidies to homeowners should be substi- earnings basis in lieu of ad valorem taxes is well es- tuted, where, deemed warranted by the legis- tablished in Minnesota. However, all of the result - lature. ing .revenue goes into the state general fund. The 2. The quality of tax assessment administration should continue to be improved, with no re- - 2 - League urges the legislature to distribute all of these revenues to those local governments which contain telephone operating property. 1 -E. Taxation of Railroads In 1974 the Minnesota Constitution was amen- ded to permit the legislature to determine how rail- roads and railroad operating property is to be taxed, just as is the case with other industries and property. While a plausible argument can be made for taxing railroad operating property on an ad valorem basis in lieu of the present gross earnings tax, the proposal which has been offered by the railroads contains some very serious flaws. Fur- thermore, after examining the alternatives, the Lea- gue believes there are valid administrative and other reasons for retaining the present gross earn- ings tax on railroad operating property. However, some of the resulting revenue should be distribu- ted on a fair and equitable basis to local govern- ments which contain railroad operating property and the remainder of the resulting revenue should be used to increase the local aid distribution to municipalities. 1 -F. Electric Utility Gross Revenues Tax A gross earnings tax should be levied on all pri- vate electric utilities (excluding municipally owned) with gross revenues in excess of $5 million annual- ly, in lieu of property taxes on electric utility faci- lities. The gross revenues tax should be established at a percentage rate which will yield no less than the total property taxes paid by all affected utility companies in the most recent year for which such figures are available. The resulting revenues should be distributed as follows: (1) any city or town could decide to receive as its share an amount equal to its property tax receipts from electric utilities for the most recent year such figures are available; and (2) the remainder should be distri- buted on the basis of the electric utility revenues collected within each municipality. Within each af- fected city and town, all local governments levying a property tax should share in the distribution of such revenues in proportion to the taxes levied. The municipalities electing to receive the property tax equivalent should receive this amount only so long as the specific property is used for utility pur- poses. Any municipality which is the site of a major future utility generating facility or other in- stallation should receive additional compensation to reflect additional municipal costs resulting from the installation. - 3 - 1 -G. Hotel -Motel Tax A statewide hotel, motel tax should be imposed and the revenue returned to the municipality where collected with the counties receiving the revenues collected in unincorporated areas. Alter- natively, counties should be authorized to levy the tax on an optional basis, using the same distribu- tion formula as noted above. If the county did not levy the optional tax, any municipality within that county should be authorized to levy it. 1 -H. Clarification of the Prohibition Against Local Sales and Income Taxes The provision in the Omnibus Tax Act of 1971 which prohibits an increase in or the imposition of a new local sales or income tax should be amended to make clear that the prohibition applies only to a general sales or income tax. 1 -1. Federal Revenue Sharing The State and Local Fiscal Assistance Act of 1972 established a system of sharing federally col- lected revenues with states, counties and munici- palities and permits the recipients wide discretion in the use of the funds. This system provides more than $5 billion per year for a five -year period for this purpose without going through the normal ap- propriations process. The League strongly en- dorses the reenactment of this program and urges the Congress to resist any efforts to impose more stringent reporting requirements or any effort to subject the program to the normal annual appro- priations process. 1 -J. Tax Increment Financing Tax increment financing has permitted many older cities in various parts of the state to define and carry out rehabilitation and redevelopment projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities in preserving and im- proving the physical and economic environment in their communities. Despite the overwhelmingly favorable experience, fears have been expressed by legislators and others that the present law does not provide sufficient guidelines or limitations upon the use of tax increment financing. The League believes that tax increment financing is essential to the continued well -being of its member cities and offers to work with the legislature and other inter- ested parties in developing reasonable safeguards which can be incorporated into the law. 1 -K. Interim Financing Typically federal and state loan and grant pro- grams provide for the disbursement of the state or federal funds only upon completion of the entire project. This requires the recipient city to arrange for interim financing, which often involves issuing bonds, which is a costly and time consuming pro- cess. In the case of loans made by the Farmers Home Administration, the city must issue bonds which are then assumed by the F.H.A. It would be far more economical for the cities if at the time a commitment is made for a federal or state loan or grant, the funds were placed in an escrow ac- count and disbursed as needed with the approval of the state or federal agency involved. If this cannot be done, the League recommends that the law be amended to permit cities to issue interim notes to be paid immediately upon completion of the project and the receipt of the grant or loan funds, at an interest rate negotiated with the lend- ing institution or agency. 1 -L. Municipal Bonds The traditional way of financing most local pub- lic improvements and facilities has been through the issuance of bonds and this is.likely to.continue for the foreseeable future. Consequently, if the needs for local improvements are to be met of rea- sonable cost it is imperative that a broad market be maintained for municipal bonds at the most.favor- able interest rates possible. Since both federal and state legislation can affect the municipal bond mar- ket, the League believes the following proposals warrant serious consideration. Federal. Legislation. The exemption from fede- ral income taxes of the interest on municipal bonds has been and continues to be the key factor in maintaining a healthy market for municipal bonds. This tax - exempt status of state and local issues not only maintains a separate market for them but also recognizes the right of state and local governments to .manage their fiscal affairs independently. How- ever, in recent years some knowledgeable people have become concerned because of their belief that the traditional market for state and local bonds will not be able to satisfy the rapidly growing need for capital for public improvements. Concerns have also been raised about existing methods of -4- tax avoidance, including the tax - exempt interest on state and local bonds. These two concerns have re- sulted in several bills in Congress to establish pro- grams to lend money to municipalities by purchas- ing their bonds and /or to make interest on state and local bonds taxable. While the motives behind these proposals may be laudable, we do not believe a convincing, case has been made for such a radical change which could damage the independence and viability of state and local government. Therefore, the League strongly urges that the tax - exempt status of state and local bonds be maintained. Federal Interest Subsidy. Of the proposals ad- vanced in Congress, only the double coupon plan would effectively reduce the issuance of tax - exempt bonds and provide states and local governments ac- cess to the taxable capital market on an optional basis, while maintaining local fiscal independence. Therefore, in the event the Congress determines it must take action in this field, the League prefers enactment of federal legislation authorizing com- pacts between the federal government and any state electing to do so under which the state and its political subdivisions could, if and when they chose, issue taxable bonds and the federal govern- ment would automatically pay directly to the holders of such bonds a substantial percentage of the interest payment to every interest payment date. Regulation by the Securities and Exchange Commission. Largely as a result of the, financial problems of New York City, it has been proposed that the Securities and Exchange Commission be granted authority to regulate the issuance and sale of municipal bonds. This seems to be a premature and unnecessary response in view of the relatively limited scope of the problem and the fact that forces are already at work within the municipal bond market to require accurate and complete dis- closure of pertinent information as a prerequisite to marketing bonds. Therefore, the League is op- posed to any federal legislation which would regu- late the issuance and sale of municipal bonds. State Legislation. In 1971, the legislature at- tempted to improve the market for municipal bonds by providing a limited state guarantee of local issues. However, the limited and complex na- ture of the guarantee, the requirement for a guar- antee fee which must come from the participating local government and the constitutional cloud which still hangs over "works of internal improve- ments" have combined to block the original legis- lative purpose. To make the state guarantee ef- fective, the League recommends the following: Constitutional Revision. To enable the state to back local issues with its full and credit, Article IX of the Constitution of Minnesota should be amen- ded to change and clarify limitations on state bor- rowing to: Replace the present prohibition of "in- ternal improvements" with a requirement that state borrowing or expenditure be "for a public purpose paramount to any resulting private use or benefit" and to authorize the state to make an un- limited guarantee of loans to its subdivisions. Modification of Municipal Debt Service Aid Law. This law should be modified so that the state guar- antee is not limited. The Municipal Bond Guaran- tee Fund and the 2%x per cent guarantee fee should be eliminated. In the alternative, the law should provide for refund to the local government of the guarantee fee plus interest upon the repayment of the bonds. Pledge of State Aid. Enabling legislation should also be enacted which would permit any city, town, or county to make a pledge of any state aid to which it is entitled to the payment of principle and interest on any general obligation bond issue. Where such a pledge is made the Commissioner of Finance should be empowered to make principle and interest payments to the bond holders from state aid entitlements if a default occurs. Bond Interest Ceiling. Because interest rates in the bond market fluctuate in response to economic forces, it seems unrealistic that a maximum interest rate be imposed upon all local governments. The League recommends that the 7 per cent ceiling be repealed, which would allow interest rates to be determined in the market or that a floating interest ceiling be established tied to the current interest on federal obligations. The League also recommends that the 8 per cent ceiling and any present applica- tion of the usury statutes to the rate of interest that can be charged on special assessments be re- moved. Bond Code Amendments. The League supports amendments to the bond code and tax laws that will clarify the authority of local governments and assist them in obtaining credit. 2. Local Government Structure While the great majority of Minnesotans live in cities, there is a wide diversity in the size, form and programs of the cities themse;ves. Although a number of cities are major population centers, more than 60 per cent have less than 1,000 popu- lation. Furthermore, under Minnesota's constitu- tional home rule policy, more than 100 cities have chosen this form of local government which per- mits residents to develop and adopt locally a gov- ernmental structure that is tailored to meet local needs. Also, while the recent changes embodied in the city code, adopted at the League's request, have set forth a more uniform and rational set of laws under which cities operate, those modifica- tions have given cities structural and operational flexibility within broadly - defined limits. Finally, cities as general purpose units of local government have - demonstrated their ability to develop and to implement policies that serve their own constituencies, as well as the ability to serve as the primary delivery system for an increasing number of state and federal programs. This dual role serves the public well, since any governmen- tal policy or program to be effective has to func- tion in a framework where ramifications are under- stood and alternatives are weighed. Consequently, when new state programs that directly affect cities or city services are consider- ed, the League strongly urges the legislature to provide cities with the option of administering those programs. The League further urges the adoption of the following proposals, which would increase the effectiveness of local government. 2 -A. Home Rule Minnesota's constitutional home rule policy, while permitting home rule charters in some cir- cumstances to depart from the provisions of sta- tutes that would otherwise be applicable, has made charters subject to the provisions of state laws when they express a policy intended to override local charters. In implementing that policy, the legislature has often by a general law authorized one or more classes of home rule charter cities to meet new problems for which existing charters listing city powers in specific detail provided inade- quate authority. It has also, by general law and in- creasingly by special law, removed charter restric- tions or imposed restrictions where the local char- ter had none. Following the adoption of the 1958 - 5 - local government amendment to the Minnesota Constitution, the legislature has, on League recom- mendation, made it easier for cities to adopt and amend charters and thus better able to meet local legislative needs at home. Experience has demon- strated that the inclusion of the mayor or member of the council on the local charter commission provides needed liaison with the city government and results in better understanding of city charter operations by citizen charter commission members. The League therefore recommends that the home rule enabling act be amended to provide that at least one member of the council or the mayor be included among charter commission members when established, or if presently in existence, then after the first expiration of existing terms. In an effort to provide for a more consistent policy on the relation between state law and local charters, the League recommends to its own mem- ber cities as well as the legislature the following guidelines on meeting legislative needs of home rule charter cities: Every general law applying to cities should state specifically whether or not it applies to. home rule as well as to statutory cities. 2. When a uniform state policy is not required, a law applying to home rule charter cities, whether applicable with or without local ac- tion, should authorize an affected city to supersede the law or any provision in it by charter action on the same subject. 3. When a legislative problem can be met sim- ply by a charter amendment, particularly where amendment by ordinance is feasible, state legislation on the subject should not apply to home rule charter cities. Some existing obsolete legislation applying to home rule charter cities was repealed by the 1976 legislature; other similar legislation of doubtful current use should be repealed, per- haps with an. effective date sufficiently far in the future to permit any city for which the legislation was later found useful to a- dopt an appropriate amendment to its char- ter. 2 -B. Special Legislation The 1958 constitutional amendment on local government encouraged local responsibility by permitting the legislature to ease requirements for rel the adoption and amendment of home rule char- ters and by requiring local consent to special legis- lation. While subsequent legislatures have made the home rule charter authority easier for cities to use, the intent of the special law consent provision has been nullified by a 1967 general law providing a blanket waiver of that requirement except where attached to a particular special law. While the League recognizes that some special legislation is necessary in certain circumstances, it urges all local government units to refrain from re- questing special legislation where the need can be met effectively by general legislation or home rule charter amendment; and the legislature is urged to refrain from special legislation in these cases. The League recommends that the legislature es- tablish an appropriate procedure by which it can carry out such a policy of limiting special legisla- tion to cases where there is a compelling need for a special law. Specifically, none of the following types of special laws applying to local government units should be enacted unless the legislature, through an appropriate committee or other proce- dural device, expressly recommends departing from the general policy in the particular case and states in full the reasons therefor: (1) a special law that results in unfairly discriminating against all other local government units of the same type or class; (2) a special law modifying in a particular case the jurisdiction, power, or procedure of a state admin- istrative agency in a particular case; (3) a special law incorporating or reincorporating a city or creating a particular unit of local government; (4) a special law changing the form or internal adminis- trative structure of a local government unit with- out the approval of its governing body or of the voters; (5) a law directing the governing body of the local government unit to act in a particular way; and (6) a law relating to a subject matter with which the local governing body has effective and adequate authority to deal by charter or ordinance. The legislature should also establish a deadline for the submission of local bills which is substantially earlier than the last day on which general bills can be introduced and which can be waived only in the most extenuating circumstances. In addition, the 1967 general law on local con- sent should be supplanted by a general law which permits waiver of the approval requirement only when a special law is of a type for which the con- sent requirement is impractical. Based on exper- ience since 1958, the only class of special law to which local approval should not be required is special legislation affecting two or more local units with an aggregate population of more than one million people. 2 -C. Development of an Improved City Code Municipal laws have been enacted in a piece- meal fashion over the years, often to meet a speci- fic need in a particular class of cities with little re- gard to the desirability of applying the laws to other cities or meeting broader needs as well. As a result of this gradual accretion of miscellaneous statutes, the statute books have contained a hodge- podge of municipal laws, many inconsistent or overlapping with other statutes, and many confined to particular city classes though addressing a prob- lem shared by those excluded. The City Code laws adopted at League request in 1973 and its amend- ments in 1974 were important steps toward a more rational and uniform set of laws for Minnesota cities, and 1976 League- sponsored legislation added to the improvement of the statutory frame- work for cities by repealing numerous obsolete laws, eliminating inconsistencies, and making expli- cit the applicability or non - applicability of specific laws to statutory and home rule charter cities. To continue this ongoing project of developing a more rational statutory code for cities and to provide more uniform statutory patterns for rela- ted municipal laws, the League recommends that the staff, in cooperation with legislative research agencies and other interested groups, prepare legis- lation revising and making into a consistent whole with as broad applicability as possible and without controversial changes the various statutes relating to certain subject matter areas most in need for such revision, including the laws on city deposito- ries, city support of music and bands, municipal advertising expenditures, local boards of health, and use of liquor store funds and municipal utility establishment and operations. The League further recommends that when any such revisions have been approved by the League Board of Directors, they become part of the League legislative program. A study of existing laws indicates that almost without exception laws confined to cities of the second, third, or fourth class might more appro- priately have been broadened when adopted so as to apply to all three classes. The League there- fore recommends to its member cities and to the legislature that the practice of confining legis- lation to any such class be discontinued and that, except where very special circumstances require use of some more limiting criterion, future laws in- tended for cities other than first class cities be drawn to apply to all such cities. 2 -D. Regional Development Commissions Regional development commissions are still in an experimental stage in many parts of the state and it may be several years before a valid assess- ment can be made concerning their worth as a per- manent addition to the governmental structure of the state. However, it has become very apparent recently that the part of the population that re- sides in cities is grossly under - represented on re- gional development commissions as presently com- posed. To.provide a better balance of urban and rural interests, the League recommends that the Regional Development Commission Act be amended to provide that the largest city in each county be represented on the commissions in addition to the present membership. 2 -E. Campaign Financing and Disclosure Laws Campaigns and elections to local office are the most important single contact between voters and representative local government. While there has been substantial public concern with campaign fin- ancing and ethics on the national and state level, the public has not demonstrated the same anxiety about financing and conduct for city election cam- paigns. The general public confidence probably re- flects the fact that city campaigns are locally- based, largely address purely local issues, and are for the most part non - partisan. We believe that public confidence in local campaigns and election conduct is deserved and that any modifications in the laws governing their conduct should reflect the fact that the candidates are running for "part- time" offices out of a sense of civic responsibility. To best serve the public interest, any modifications should en- courage, rather than discourage, qualified candi- dates from seeking or continuing in office. None- theless, there are steps that can be taken to streng- then local campaign laws, including the following: 1. Candidates should be encouraged to seek broader backing from among constituents by extending state income tax credits to cover contributions to city election campaigns. 2. In view of the fact that most elected city of- ficials are part -time, low paid and serve out of a sense of civic responsibility, it is pro- bable that requiring candidates to file state- ments of. economic interest would effec- tively discourage many qualified candidates from seeking or continuing in office, and the League would oppose state - mandated re- quirements. 3. The present outdated expenditure limits for city election campaigns should be elimina- ted. In cities of less than 20,000 population, campaign expenditure limits or reporting re- quirements are unnecessary because of the local nature of the campaigns and because stringent conflict of interest rules already govern the actions of elected officials in all cities. 4. Cities over 20,000 should have the authority to establish limits for total campaign expen- diture, as well as the limits that any one in- dividual or organization could contribute to a candidate's campaign. In cities over 20,000, campaign expenditure limits for city elections should be, made effec- tive, over -all limits by eliminating any distinc- tions between types of campaign committees and making the candidate or his or her desig- nees responsible for all funds spent by his or her election campaign committee. 6. In cities over 20,000, all contributions from a single source of more than $100 should be reported, with cities able to set this figure lower. Campaign financing reporting forms and requirements should be kept as clear and simple as possible, consistent with the need for voter information, and the reports should be filed in a local location and avail- able to the public. Since there is no evidence to suggest that any ethics commissions to watchdog local elections are required, and since there are already effective legal avenues for enforce- ment of campaign practice laws affecting cities, the League recommends that no new enforcement mechanism be created. 2 -F. Other Election Laws While some degree of uniformity in election dates for national, statewide and local offices is desirable, municipal officials should retain the present options in setting city election dates. Specifically, local councils in statutory cities should continue to have the option of selecting an odd or even year election date and home rule char- ter cities should continue to have the prerogative of setting their own election date. Further, all home rule cities should continue to have the pre- rogative of choosing the system of filing for office. in their respective communities. However, we would support certain technical modifications in election laws, including the following: 1. When a city annexes territory with less than 100 population, the annexed portion should automatically come into the county commis- sioner and legislative districts of the conti- guous part of the city. 2. Voter registration laws should be amended to delete the extraordinary hours require- ment for pre - election registration. 2-G. Voting Equipment Present law allowing local options in selecting voting equipment, so long as it has been approved by the Secretary of State, has aided election officials and voters by permitting the selection of equip- ment based on a number of local factors including size of community, type of election and others. Where the size of the community warrants it, the use of voting machines including electronic voting machines has facilitated voting and has aided the speed and accuracy of counting ballots. Specifically, electronic voting machines, used in cities for the past several years have proven accu- rate, fast, and acceptable to the voters. The Lea- gue opposes any law that would limit the use of electronic voting equipment. 3. Community Conservation and Environmental Quality Clearly there is a need for a new policy focus on community conservation in all those state and fed- eral programs and statutes which impact upon cities. The goal of this policy should be to improve the quality of urban life through better use of the present investment in cities and to encourage the most productive use and rehabilitation of existing facilities, as opposed to policies which foster the dispersal of growth, the abandonment of built -up areas and the continuing consumption of land and other natural resources. The League supports this new focus and advocates the following specific pro- posals which move in this direction. 3 -A. Land Use Historically, land -use and development patterns in the United States have been the cumulative re- sult of numerous private and public investment de- cisions and certain national programs rather than the result of conscious public land -use policies. Furthermore, public capital improvements have tended to respond to private initiatives rather than influence or direct them. However, in recent years there has been increasing acceptance by local offi- cials and the public of the view that the right to de- velop private property should be circumscribed not only by the effects that such development may have on public safety, health and welfare but also by the effects it may have on the cost of providing local public services such as utilities, police and fire protection and public education and the cumula- tive effects of such development upon the quality of life in urban areas, upon the environment and upon certain natural and aesthetic resources. As we move toward a new balance between private de- velopment rights, on the one hand, and the public interest, on the other, the legislature should give consideration to: (1) strengthening the present land -use controls exercised by municipalities and counties; and (2) providing the necessary policy direction concerning those land -use decisions which clearly have statewide or regional ramifica- tions. To this end, the League has developed seve- ral proposals which address various aspects of this problem. Strengthening local land use 'controls. In Min- nesota, local governments presently have broad im- plied powers to control and stage development and increasingly it will be necessary for municipalities and counties to make use of them in order to en- courage orderly development and protect natural, cultural and aesthetic resources. Should future court decisions limit or restrict the exercise of these implied powers, the legislature should grant specific statutory authority to local governments to develop timing and sequential zoning, and to utilize interim development controls. While the present statutory authority and con- trols have proved reasonably effective within incor- porated municipalities, they are clearly inadequate in controlling development in the fringe areas ad- O] jacent to cities. And it is in these unincorporated areas that the critical land -use decisions are being made that will set the pattern of urban develop- ment for the next generation. In order to address this problem, additional legislation is needed in the following areas: 1. The Minnesota Municipal Commission Act should be amended to permit a city council to petition the Commission to have an adja- cent area designated to be in need of or- derly annexation. Within areas so designated, the adjacent city should be permitted to ex- tend to the entire orderly annexation area its planning, zoning and other development regulations and to enforce the State Building Code if it is in force in the city. In addition, no water or sewer main should be extended into any orderly annexation area by a county or private utility without the formal approval of the adjacent city. Provision should be made for a member of the appro- priate township board to be an ex- officio member of the city planning commission when they are considering matters affecting the orderly annexation area. 2. Minnesota law providing preferential pro- perty assessments for agricultural property (i.e. the Green Acres Act) should be amen- ded so that it will provide a positive tool for municipalities and counties in influencing orderly development. Specifically, provision should be made for deferred development contracts with the owners of 35 or more acres of land zoned agricultural, recreational or open space under which uses of the land which the land would be taxed on the basis of its value for that purpose. Such contracts would be made for a minimum of five years and up to ten years by mutual agreement, with one year added on automatically each year when the contract has only four years to run unless either party wishes not to re- new the contract. Any special assessments for sewer or water improvements should be deferred as long as the deferred development contract is in effect and provision should be made for recapture of a reasonable portion of the appreciated value of the land in the event the deferred development contract is broken by the landowner or the land ceases to qualify for preferential treatment. To the greatest practicable extent, recapture provi- sions should serve the objective of preserving 3 4 E needed open space without encouraging use of the deferred development contract for speculation. Even when sufficient legal authority exists and financial resources are available, there has been a reluctance in some counties to undertake a land use planning program. In order to address this situation, the County Planning Act should be amended to provide that counties would be required to under- take a land use planning program if city councils and town boards representing a ma- jority of the population of the county pass resolutions requesting such action. The authority to make sewer assessments based on capacity rights, as an additional al- ternative to present assessment authority, would strengthen local land use controls as well as giving local governments an equit- able alternative for making sewer assess- ments. The League believes that local gov- ernments already have sufficient legal autho- rity to base sewer assessments on capacity rights, which could be transferred among landowners, provided any proposed develop- ment met local government zoning and sub- division criteria. However, in the event that future court decisions limit or restrict this authority, the legislature should grant speci- fic authority to local governments to make sewer assessments in this manner. In 1976, the legislature initiated a state matching grant program providing funds to increase local planning capability by cities and counties having a local planning agency. We recommend that the legislature continue to provide funds for this program. State land -use policy. It is commonly accepted that certain kinds of land -use decisions, either indi- vidually or cumulatively, produce regional or state- wide effects. In such instances, it is appropriate that the legislature provide policy guidance to local planning agencies and governing bodies in carrying out their land -use responsibilities affecting areas such as shorelands, flood plains and critical areas. Although each of these statutes provide tools which are useful in guiding the development of land, they do not represent a complete or cohesive state policy on this subject. The League believes the legislature should review these statutes and. 10 fashion a more complete body of land -use policies and a more workable government system for con- trolling the development of private land. In doing so, the legislature should adhere to the following basic policies. First, within the framework of any pertinent na- tional and state legislative policies, cities and coun- ties should continue to have the authority to shape the character of their communities to reflect their own goals and lifestyles. Second, to the extent possible, the present com- plex procedures and diffused decision making pro- cess pertaining to land -use controls should be streamlined and pinpointed at the local level through the use of some type of comprehensive permit procedure. Third, state land -use policies and the system to implement them should be built upon the exper- ience and staff resources that are present within local government and upon the recognition that most land -use decisions should continue to be made at the local level. 3 -13. Minnesota Municipal Commission Since its organization, the Minnesota Municipal Commission has strengthened municipal govern- ment by providing a means for the orderly and in- telligent evaluation of proposed incorporations, consolidations and annexations throughout the state. Recent additions to the Commission's authority in "orderly annexation" proceedings will encou- rage and foster an assessment of the consequences for governmental framework of certain kinds of development and services in urbanizing fringe areas around cities. The League recommends that the legislature make the Commission's work more ef- fective by expanding its authority in the following ways. When considering a petition to incorporate a new municipality, the Commission should automatically have the authority to consider annexation to an adjacent municipality of any or all of the area designated in the incor- poration proceeding. 2. When the Commission has jurisdiction in any annexation, incorporation or consolidation proceedings involving unincorporated terri- tory, and it appears that the remaining part of the township would be better served by. annexation to an adjoining township, the Commission should be given the authority to effect such a boundary adjustment after notice and hearing. 3. The section of the statute providing for ex- officio membership by county commission- ers should be amended to restrict that mem- bership to commissioners whose districts do not include the area directly involved in the proceedings. 4. The Commission should be given authority to control the creation of urban towns in the future. Any township which needs municipal powers should be required to re- quest that authority of the Commission, and the request should automatically confer continuing jurisdiction on the Commission to initiate annexations, incorporations or consolidations of the township territory. 5. The legislature should grant the Commission authority to provide an alternative "orderly consolidation" procedure for the gradual consolidation of two or more incorporated municipalities, providing such a procedure could be initiated only by the concurrent resolution of the governing bodies of any af- fected municipalities. After the Commission issues its final consolidation order, the law should provide that upon petition of five per cent of those voting in the last general election or 2,000 persons, whichever is less, there would be a single referendum on the question involving all persons in the pro- posed consolidated municipality. 6. The commission should be provided with funds to secure research assistance. 3 -C. Housing and Community Development Pro- grams Administration - The State of Minnesota has provided leadership in attempting to ad- dress problems of housing and community development, and has developed a partner- ship approach in working with local commu- nities to identify community resources and needs and to deliver programs with a mini- mum of red tape. However, federal pro- 11 grams affecting housing and community de- velopment which are now administered through the Department of Housing and Ur- ban Development and the Farmers Home Administration place complex administrative burdens on local units of government that tend to discourage the implementation of these federal programs. Some federal agen- cies now contract with the State of Minne- sota to administer federal programs. In most instances, this arrangement has substantially eased administrative problems and facilitated the delivery of programs so that the goals of the federal legislation are better implemen- ted. The League recommends that federal programs relating to housing and community development and the funds for these pro- grams be administered directly by the State of Minnesota to local units of government, by using existing state, regional and local agencies. Federal regulations should make it clear that free - standing rehabilitation pro- jects are eligible for community develop- ment block grant funding. 2. Funding - The response of cities in Minne- sota to housing and community develop- ment programs indicates that the needs iden- tified by local leaders far exceed the amount of funding that is available for federal pro- grams. HUD should be encouraged to shift funds to states such as Minnesota from other areas that are less involved in the communi- ty development process when it is demon- strated that there is this spirit of cooperation and desire to make the community develop- ment program work and make use of the funds in the manner Congress intended. State - funded programs administered by the Minnesota Housing Finance Agency have provided fiscal resources for homeowners to improve housing in some areas that are not addressed under federal programs. The Lea- gue urges that Congress increase funding available for federal programs, and that the Legislature continue to provide adequate loan and grant authority to the Minnesota Housing Finance Agency. Recodification - The League supports the recodification of the 1974 Minnesota Hous- ing and Redevelopment Act proposed by the state chapter of the National Association of Housing and Redevelopment Authorities, to make the statutory authority of HRA's 4 consistent with new federal laws. Relocation Assistance - The League sup- ports both the concept of the federal and state relocation assistance laws and the modification in the state law made by the 1976 legislature so that in certain instances where property is acquired by negotiation between seller and public buyer, relocation assistance may be negotiated as part of that agreement. However, we believe the 1976 law should be expanded to include instan- ces where acquisition is negotiated under de- velopment district, port authority, or muni- cipal housing and redevelopment activities. Furthermore, present federal regulations which offer reimbursement for business con- cerns of up to $100,000 have created inequit- able subsidies for certain property owners and should be modified by appropriate ad- ministrative or congressional action. 3 -D. State Energy and Building Codes 1. State Building Code The statewide build- ing code enacted in 1971 encouraged build- ing throughout the state by establishing a uniform code in cities that choose to have a code. However, in recent years serious pro- blems have emerged because the code does not extend to construction outside of cor- porate limits. Land -use planning and the po- tential extension of city services, as well as the health, safety and welfare of the resi- dents are adversely affected by the lack of a code in unincorporated areas. For these reasons the League endorses the extension of the statewide building code to make it mandatory in all incorporated and unincor- porated areas of the state. Buildings not pri- marily for human use should be exempted from the code. Local enforcement is clearly required if the code is to be effective. Cities should have the option of choosing to en- force the code within their own jurisdictions at any time following the effective date. Both cities and counties should clearly have the option of contracting with other cities and /or counties to enforce the code within their respective jurisdictions. However, counties should have the responsibility of enforcing the code within those jurisdictions that choose not to enforce it. Code enforce- ment should be self- sustaining from the fees collected. In jurisdictions where that is not 12 possible, some type of state subsidy program should be provided. The costs of any en- forcement that is provided in a local subdivi- sion or the state should be collected through normal legal channels, not through deduc- tions from state aids, which sets a hostile precedent. Finally, to allow cities and coun- ties to make adequate administrative and fi- nancial provision for code administration, the effective date of the mandatory statewide code should be two years after enactment by the legislature. Effective immediately, how- ever, cities should have the option of enforc- ing the code in any unincorporated areas within two miles of the city boundary. 2. State Energy Code - The League agrees with the purpose of the Minnesota Energy Code, adopted pursuant to the 1974 Minne- sota Energy Agency Act as amended in 1975, which is to provide building design and con- struction standards consistent with the most economical use of energy. However, the Code is unnecessarily inclusive, covering virtually all new buildings, additions and re- modelings. Buildings such as seasonal cabins and unheated garages and warehouses should be exempted from the Code, so that con- struction costs and the costs of administer- ing the code are not increased unduly. Appropriate legislative and administrative changes should be made. 3 -E. State Licensing of Construction Trades and Contractors During the past several years, critical shortages of residential housing have emerged in outstate Minnesota, and the need for residential and com- mercial building both outstate and in metropoli- tan areas continues. Adequate licensing authority already exists at the state and local levels to insure that the persons who provide construction services are capable of satisfactory performance. Inspec- tion under the State Building Code is an added safeguard that the construction and its component parts will meet performance standards. The League recognizes that there are many independent busi- ness persons throughout the state and especially in smaller cities who provide construction services. Any extension of statewide licensing requirements for construction services would have the effect of eliminating many of these independent persons from the market and would raise costs of construc- tion, especially in smaller cities. In view of this, and the fact that adequate licensing authority al- ready exists, the League would oppose any exten- sion of statewide licensing requirements. Specifi- cally, there should be no mandatory statewide lic- ensing of contractors. Furthermore, plumbers in cities of less than 5,000 population should have no requirement for a state license. 3 -F. Eminent Domain Laws In recent years amendments have been made to the eminent domain law in an effort to safeguard the interests of the property owners who become involved in this process. However, taken as a whole, the present procedure seems to result in the public paying excessively high prices for land. Therefore, the League believes the entire process provided in the law should be critically reviewed and streamlined. This examination should include: a re- evaluation of the advisability of making apprai- sals public information; the advisability of using a professional referee in lieu of three commissioners to establish the value of land; and the legality and feasibility of collecting property taxes on property for several prior years in instances where the award is substantially in excess of the market value of the property for tax purposes. 3 -G. Environmental Impact Statement Process The rules and regulations which have been a- dopted by the Environmental Quality Council gov- erning the environmental impact statement process have gone a long way toward integrating this process into the pre- existing legal and procedural framework in local units of government. The result has been to reinforce the traditional role of local government in land use and related decisions which are primarily of local concern. Furthermore, the assignment of a major portion of the financial responsibility for the preparation of any necessary environmental im- pact statement to the party initiating the new de- velopment, relieves local government of what could be a significant financial burden. Nonetheless, there may be circumstances where it would be in the public interest to have an environmental im- pact study conducted which could not or should not be assumed by the party initiating the new de- velopment. Therefore, the League recommends that legislation be enacted which would permit a city to undertake such a study with its own resour- ces. Furthermore, the petition procedure should be revised to provide that only citizens of Minne- sota, who are 18 years of age or more and are resi- dents of the affected area, may sign petitions re- 13 questing the Environmental Quality Council to re- quire the preparation of an environmental impact statement. 3 -H. Environmental Quality 1. Solid Waste Management - The League sup- ports the continuing legislative efforts to initiate a comprehensive recycling and re- source recovery program in order to con- serve material and energy resources and re- duce the volume of solid waste. We believe the following changes would accelerate pro- gress in this area: Although energy recovery is close to be- ing economically feasible under certain circumstances, it is a high risk venture which probably cannot attract private capital. Therefore, the state should provide grants or subsidies to energy re- covery and recycling projects of an ex- perimental nature; b. The general contract laws of the state should be relaxed to permit the selec- tion of the most effective energy recov- ery or recycling system even though it may not be the least costly to construct initially; The law should be amended to provide that counties or solid waste management districts, which have adopted a compre- hensive solid waste management pro- gram, have legal jurisdiction over the dis- posal of all refuse within their jurisdic- tion; d. The present law authorizing the es- tablishment of solid waste management districts should be amended to make it more workable; and e. State packaging regulations should be es- tablished in an effort to reduce the vol- ume of packaging materials. 2. Flexible Approach to Pollution Control - The present federal and state programs for the abatement of pollution problems tend to rely heavily or exclusively upon single solu- tion approaches which are not necessarily appropriate or economically feasible in very small communities. As a result, small. cities may be required to install very costly central collection and treatment systems without regard to cost /benefit considerations or their ability to finance the continuing operation of such systems. Consequently, the League recommends that both federal and state pollution control programs be modified to permit low interest loans and grants to up- grade alternative environmentally sound systems and to finance other means of on- site disposal of domestic and commercial wastes in small cities. Intergovernmental Strategies - During the last several years the Minnesota Pollution Control Agency has taken several steps which have markedly improved the working relationship between its own staff and local government officials. The decentralization of its staff in regional offices, the increasing willingness to provide technical assistance to local government and the appointment of an advisory council composed of local govern- ment officials, have each contributed to better communication and cooperation. The League endorses these efforts and urges the Minnesota Pollution Control Agency to con- tinue to involve local officials in the mutual effort to improve the effectiveness of our ef- forts to preserve and improve our environ- ment. 4. Shade Tree Protection - The threat to oak and elm trees in Minnesota's cities has reached alarming proportions and should be addressed by the legislature through a broad- ened program which will enable cities to spread the burden of reforestation over a period of time. Specifically, state subsidy funds should be increased substantially and the activities eligible for grants should in- clude a broad range of activities such as tree removal on public or private land and refor- estation. All cities throughout the state should be eligible for grants, and the state subsidy program should allow cities to exer- cise their discretion regarding source of local funds including the use of special assessments to cover a portion or all of the costs, or the use of special levies outside existing levy limits. 14 3 -I. Capital Reinvestment The major physical facilities of many of Minne- sota's municipalities are wearing out. Many muni- cipalities are unable to provide the level of capital reinvestment necessary to replace these capital im- provements at the rate they wear out. For Minne- sota's cities to remain alive and viable, increased federal and state assistance is necessary for capital reinvestment. . Accordingly, the League recom- mends that the state examine the capital reinvest- ment necessary for the conservation and rebuild- ing of municipalities. 4. Personnel and Pensions Personnel management is not an end in itself but rather a means of achieving the purposes of an or- ganization through the selection, training and man- agement of personnel in an orderly and effective. manner. A city's personnel management system must be responsive to the needs of the city and to the elected and appointed leadership of that city. At the same time it should embody the principles. of merit, provide adequate safeguards for the pro- tection of employee rights, and offer competitive compensation in the form of salaries, insurance programs and well financed pension programs. It should also be structured to insure that equal op- portunity for employment and promotion is open to all individuals on the same basis. The League of- fers the following specific legislative proposals in furtherence of this end. 4 -A. Improving Personnel Management Constraints imposed by the police and fire civil service laws and the merit system law applicable to cities of the second, third, and fourth class tend to hinder the effectiveness of personnel manage- ment systems and limit home rule charter options in cities with such commissions. A single broad personnel enabling act is needed to: Authorize the substitution of a single per- sonnel agency for any or all departments and to permit any city by charter to modify the system provided under the new law or under the present acts. 2. Permit any council by ordinance to utilize the new authority and to establish or abolish any existing commission or any commission hereafter established under the new act. 3. Enable the council by such ordinance to pro- vide for a traditional civil service procedure or any other suitable merit procedure estab- lished by it, with or without the use of a commission having such rule making, appel- late, advisory or supervisory responsibility as the ordinance provides. 4. Permit a merit system ordinance to provide for the use of any appropriate testing and selection technique to determine employ- ment eligibility, including oral examinations or interviews, to determine the scope of ten- ure rights and procedure for enforcing such rights, and to define the offices and employ- ments to be excluded from the civil service or merit system. 5. M.S. 471.616, which deals with competitive bidding for employee group insurance, in- cludes a provision requiring that the aggre- gate value of benefits cannot be less than those provided by the pre- existing contract. The apparent intent is to prevent the reduc- tion of employee benefits, but it also effec- tively prevents the negotiation of a different total compensation package and has resulted in the rejection of bids which included addi- tional benefits because the local government did not want to be committed to a higher level of benefits in perpetuity. The League recommends that this provision be repealed or modified in a way which eliminates the problem. 4 -13. Intergovernmental Personnel Act In Minnesota; personnel management services for local government initiated with the assistance of Intergovernmental Personnel Act grants have proven valuable in improving personnel admin- istration in cities and counties. The League strong- ly supports continued federal funding of IPA programs at the current level as well as continuing the matching requirement at the 75/25 basis as in the original act. Furthermore, Minnesota has de- veloped an effective advisory council process, which rep "resents local governments as well as other interested governmental agencies, to review all grant proposals. Congress should not by -pass this 15 process by earmarking funds for certain types of programs or organizations, but should continue to allow each state to allocate funds according to its own priorities. 4-C. State and Federal Involvement in Local Per- sonnel Policies and Practices While recognizing that there are areas of public employment in which the state or federal govern- ment has a legitimate interest in establishing mini- mum qualifications or employment certification programs to insure that an identifiable state or federal interest is protected, the League opposes state or federal intervention where such an interest is not clearly manifest, or interference in basic per- sonnel policies through mandated salary schedules. In addition, subject to laws prohibiting discrimina- tion in employment, neither the state nor the fede- ral government should become involved in the hir- ing, disciplining or dismissal of specific individuals. 4 -D. Veterans Preference The League believes that a certain amount of veterans' preference in public employment is a jus- tifiable means of compensating veterans for time lost from their personal career development while serving the nation. However, veterans' preference must be granted in a manner which does not ob- struct equal opportunity in employment and does not prevent the employment and promotion of the most qualified person for the job. In 1975, the legislature adopted a uniform veterans' preference law for both state and local employment which balances these objectives in an appropriate manner. The League does not believe this law should be amended further until we have had several years experience with it. 4 -E. Minnesota Minimum Wage Law In 1973 the legislature passed the Minnesota Fair Labor Standards Act which establishes mini- mum wage rates for cities and other local govern- ments. One of the spin -off effects of this law has been to significantly reduce the summer employ- ment opportunities for high school and college stu- dents in cities and other local governments: It has also forced cities to curtail recreation and related programs for, young people in many cities in all parts of the state. In order to alleviate this prob- lem, the League urges that this law be amended to exclude high school and college students who work for cities on a part -time or seasonal basis. 4 -F. Temporary Military Service When an employee is temporarily absent because of short -term military service, a public employer should be required'to pay the difference, if any, between the employee's public pay and his military pay, up to the 15 day statutory period. Pension \ and other rights should be protected. 4 -G. Unemployment Compensation In 1973 all public employees were brought un- der unemployment compensation for the first time. While this coverage provides some additional finan- cial security for municipal employees, it has also resulted in large payments by a considerable num- ber of cities which do not seem warranted. For example, cities are required to pay the cost of un- employment compensation claims for employees who voluntarily quit their jobs, who are discharged for cause, and who are employed on a temporary or seasonal basis. In order to correct this situation, the League recommends that the unemployment compensation law be amended to provide that em- ployees who leave employment under such circum- stances be required to gain new employment for a designated period of time before they would be eligible for unemployment compensation. Further- more, high school and college students employed on a seasonal basis should be excluded from cover- age. 4 -H. Government Training Service Training for local government officials and em- ployees has become increasingly important in re- cent years as governments seek to maximize the ef- fectiveness of their officials and employees and seek to build organizations that have the ability to cope with change. In 1976, the consumers of local training (i.e., local government officials) and seve- ral major public organizations and institutions crea- ted, through joint powers, a new organization, the Government Training Service, to establish an effec- tive mechanism through which they can pool re- sources to meet training needs. The Government Training Service is clearly consumer - oriented so that it can reflect and represent local government interests and concerns. The League as well as other major local government groups in Minnesota in- cluding the Association of Minnesota Counties and the Minnesota School Boards Association, have en- dorsed this ambitious undertaking and are active participants. Since the State of Minnesota and the University of Minnesota are also partners in the 16 new joint enterprise,.we urge the state legislature to provide financial support to the Government Training Service. 4 -1. Local Police and Firemen's Pension Funds The financing of local police and firemen's relief associations continues to be one of the most serious public pension problems in Minnesota. Further- more, while a numberof local laws have been passed phasing out local retirement associations, it is still highly desirable to establish certain uniform poli- cies governing all of these relief associations, ex- cept those in cities of the -first class. Therefore, the League recommends that the legislature amend the Guidelines Act of 1969 to incorporate the follow- ing policies which should apply to all local relief associations except those in cities of the first class: For those local funds in which retirement benefits are based on the salary of active members of the association (the so- called "escalated" plans), all newly employed pol- ice and fire personnel should become mem- bers of the PERA Police and Fire Fund. With respect to the remaining funds, the placement of newly hired police and firemen in the PERA Police and Fire'Fund should be optional at the discretion of the city. 2. Adequate provision should be made for fully funding any local relief associations which are phased out as a result of the application of these policies. Employees'contributionsshould be increased to at least 8 percent of the base salary upon which pension benefits are calculated or 40 percent of the normal cost of financing the benefits, whichever is less. Furthermore, any increase in benefits, including any result- ing deficit, should be financed 60 percent by employers and 40 percent by employees, over a period of not more than 30 years. 4. The legislature should not retreat from the present requirement that these plans be funded at the frozen deficit level but should consider the adoption of guidelines for the amortization of existing deficits. 5. Provision should be made for refunding em- ployee contributions with interest where the employee terminates 'employment before qualifying for a pension, as is done in PERA. 6. The membership of the governing bodies of tions and the cities with which they contract. To local police and fire!, relief associations this end, the League recommends the following should be modified to include three employee specific amendments be enacted: and two employer representatives. 7. If possible, some limited form of portability into the PERA Police and Fire Fund should be provided to members of local police and firemen's relief associations if they take a public safety position in another governmen- tal unit before their pension benefits are vested. The PERA law should also be amen- ded to permit a member of the PERA Police and Fire Fund to continue his PERA cover- age if he takes a public safety position in a city with a local relief association. 8. Uniform partial vesting should be provided in local police and firemen's relief associa- tions after ten years of service, but without any escalation of benefits. If the legislature determines that the uniform policy suggested above should not be enacted, the League urges that enabling legislation be enacted permitting any city with a local police or firemen's relief association to place all newly hired police and fire personnel under the PERA Police and Fire Fund, provided that adequate measures are taken to fully fund any deficit in the local relief associa- tion being phased out. In charter cities the phase- out should be accomplished by amending the city charter. In statutory' cities, the phase -out should be accomplished by adopting an ordinance by un- animous vote of the city council. 4 -J. Volunteer Firemen's Relief Associations Through the some 550 municipal volunteer fire departments and more than 20 non - profit firefight- ing corporations, hundreds of cities throughout the state provide fire protection services to their citi- zens in a very economical manner. Most of these departments and non - profit corporations provide their volunteer members with some type of pen- sion as partial compensation for their community service. Traditionally, the type and level of pen- sion benefits provided as well as the administration and investment of the pension funds has been han- dled locally in accordance with benefit limits and financial standards specified by law. Although this system has worked very well, there is need to pro- vide cities more flexibility in the use of state aid funds and to spell out more clearly the relation- ships between the non - profit firefighting corpora- 17 I. Partial vesting of pension benefits should be provided after ten years of service. 2. In the case of lump sum pension benefits, specific statutory authority should be enac- ted to permit payment of .a term certain an- nuity (i.e., in periodic installments) including interest. The law should require that the governing body of each city, contracting with a non- profit firefighting corporation must approve any pension or other benefit change to be made by the corporation, as is the practice in municipal volunteer associations. 4. Cities should receive the state aid rather than the state aid being paid directly to local vol- unteer firemen's relief associations or to non - profit firefighting corporations as pre- sently provided by law. 5. In the instance of dual membership as both a fulltime fireman and a volunteer fireman for the same city, the fulltime fireman should not be eligible for a volunteer pension in ad- dition to his fulltime pension. 6. Volunteer ambulance attendants should be permitted to be members of the appropriate local volunteer firemen's relief association and receive pension benefits on the same basis as the other members. 7. Each firemen's relief association and non- profit firefighting corporation should be re- quired to file a current copy of its bylaws with the Commissioner of Insurance and to file a revised copy of the bylaws upon each benefit change. 4 -K. PERA Benefits, Financing and Administra- tion The adoption in 1973 of the "high five year" benefit formula for PERA has provided very ade- quate pension benefits for career municipal em- ployees. However, there are a number of related policy issues which have not been dealt with in the law. Therefore, the League strongly urges the legis- lature to adopt the following policies in the form of amendments to the PERA Law: 2. 3 4 Any increases in PERA general fund benefits enacted subsequent to 1973, including any resulting deficits, should be financed by matching contributions, shared equally by employees and public employers, over a per- iod not to exceed 30 years. Any increases in benefits under the PERA Police and Fire Fund, including any resulting deficits, should continue to be financed 60 percent by employers and 40 percent by employees, over the same amortization period. Since the equal, matching employee and em- ployer contributions to the Coordinated Plan within PERA are sufficient to finance the present benefits and liquidate the exist- ing deficit in less than 30 years, all of the employer additional contributions (i.e., the 1.5 percent of the salaries of employees un- der the Coordinated Plan and the 2.5 per- cent of the salaries of employees under the Basic Plan) should be specifically and exclu- sively earmarked for the reduction of the ac- tuarial deficit in the PERA Basic Plan. The employers' additional contributions should continue until this deficit is liquidated or un- til 1997, whichever occurs earlier. Since any increase in benefits enacted for PERA retirees is in essence a gratuity, the resulting cost should not be paid from the PERA Fund, but rather should be financed by a direct appropriation from the State General Fund. The actuarial assumptions concerning the rate of investment earnings and of salary in- creases should be a conservative reflection of actual experience. The present assumption concerning the rate of investment earnings is consistent with this policy, but we urge the legislature to raise the assumed rate of salary increases to more nearly reflect the ac- tual experience during the last ten years. 5. The League supports the continuation of the Minnesota Adjustable Fixed Benefit Fund as a means of providing post- retirement increa- ses in the pension benefits of retirees under the state -wide pension funds. However, in the event the legislature determines that some other mechanism for providing such in- creases is more appropriate, the League urges that the legislature provide that: (a) no in- creases be made during the first three years 18 after retirement or until the Consumers Price Index increases at least ten percent; (b) a specific limit be placed on the increase granted in any one year; and (c) the cost of such increases, including any resulting defi- cits, be financed as provided in paragraph 1 above. 6. That portion of the PERA Law which pro- vides for a 5 percent per year augmentation of deferred pension benefits seems unduly generous. Furthermore, since the augmen- tation provision was adopted, the law has been amended to provide for the calculation of pension benefits based upon the total length of service under any of the three statewide pension funds. This largely elimin- ates the justification for such a generous aug- mentation provision. Therefore, the League urges that the PERA Law be amended to provide either for augmentation at the rate of 3 percent per year, or that all funds in the member's account be transferred to the Min- nesota Adjustable Fixed Benefit Fund. 7. Local elected officials should have the op- tion of participating in the State Unclassi- fied Pension Plan if they choose. Further steps should be taken to integrate the administration of the three statewide pension plans. 4 -L. Proposed Federal Pension Legislation The State of Minnesota through its legislature has demonstrated-.a continuing concern over the past two decades for the security of public employ- ee retirement funds. Standards have been adopted requiring full funding and steps have been taken to strengthen management responsibility and report- ing to employees. Moreover, a permanent commis- sion has been established by the legislature to study and analyze public retirement funds and ad- vise the legislature on appropriate steps. Adequate controls and standards exist in Minnesota to safe- guard the interests of the participants in public em- ployee retirement funds. Any proposed national controls and standards should pertain only to matters of funding and should be designed to ex- clude public funds such as those in Minnesota where adequate safeguards already are present. 5. Public Employee Labor Relations The basic purpose of legislation governing labor relations in the public sector is to estab- lish an impartial legal and administrative framework within which the interests and rights of public employees on the one hand and the interests and rights of the public as reflected through their elected representa- tives on the other, can be brought into bal- ance. In keeping with this philosophy, the League has long been on record in favor of laws to safeguard certain rights of public em- ployees, including the right to form and join labor unions, and the right to bargain collec- tively with public employers. However, the law must also safeguard certain rights of the public, including the right to make policy decisions and set priorities through their elec- ted representatives and the right of local gov- erning bodies to direct and control manage- ment and supervisory personnel in carrying out public programs and services. Further- more, within the context of these basic rights, the legislation should encourage the settle- ment of any disputes and differences concern- ing the terms and conditions of employment through the collective bargaining process ra- ther than by resorting to compulsory, binding arbitration. In view of recent developments which have occurred at both the state and federal levels, the League believes it is necessary to critically review both existing legislation and any pro- posals under consideration to determine their consistency with the general purpose stated a- bove. 5 -A. Federal Labor Legislation In 1971, Minnesota adopted a comprehen- sive Public Employment Labor Relations Act, which covers all public employees within the state. The scope of the law is sufficiently broad to permit free and extensive participa- tion in the collective bargaining process by both the public employee and employer, in- cluding the right to strike for certain classes of employees. The League of Minnesota Municipalities is opposed to federal labor leg- islation covering state and local employees on the grounds that it is unconstitutional and that it is patently unnecessary. If the U.S. 19 Supreme Court determines that such legisla- tion is constitutional and the Congress finds it necessary to adopt some sort of national legis- lation in this area, we believe the best alterna- tive would be to extend the provisions of the National Labor.- Relations Act to public em- ployees in those states that do not have exist- ing labor legislation and allowing those states the opportunity to draft their own laws as the need arises. 5 -B. Minnesota Public Employment Labor Rela- tions Act Experience with this law during the last several- years indicates that several, amend- ments should be made in order to safeguard the rights of local governing bodies, to encou- rage the use of the collective bargaining pro- cess, and to improve the administration of the law. The League supports the following speci- fic changes. 1. Public Employment Labor Relations Board. The composition of the Board should be changed from the present five, part -time members to three full -time members but it should continue to be a tripartite body (i.e., one labor representative, one management representative and a neutral chairperson). A procedure should be provided in the law to as- sure that the appointees to the Board actually represent these three points of view, as for example, the Missouri plan for the selection of judges. The authority of the Board should be extended to include bargaining unit deter- minations, scope of bargaining, elections and unfair labor practices. Provided however, that disciplinary actions against employees and unions for participation in illegal strikes should continue to be the responsibility of local governments and the courts respectively. Furthermore, all of the decisions of the Board should be subject to appeal to district court. 2. Impasse resolution. The distinction be- tween essential and non - essential employees and the provision for compulsory, binding ar- bitration should be eliminated from the present law. If this is not acceptable to the legislature, then when an impasse exists in- volving essential employees, the local govern- ing body should have the option of request- ing arbitration which would be binding on both parties. If the local governing body does not request arbitration within a specified time, the employees could legally strike. 3. Contract arbitration. When arbitration becomes necessary, the parties should have the choice of using an arbitration panel com- posed of three neutral members or a tripartite panel composed of one member selected by the union, one by the public employer and one neutral member, who would serve as chairman. A procedure should be provided in the law, possibly modeled after the Missouri plan for the selection of judges, to assure that the arbitrators certified by the Public Em- ployment Labor Relations Board are both highly qualified and neutral. Furthermore, arbitrators should be required by law to pro- vide a thorough written rationale for all their decisions for the future guidance of employers and unions. Finally, the cost of the neutral members of any arbitration panels - should continue to be borne equally by the parties involved in each dispute. 4. Supervisors and collective bargaining. The Public Employment Labor Relations Act of 1971 as amended provides full collective bargaining rights to all supervisory personnel, thereby placing in jeopardy the concept of "management" in the public sector. Super- visors of "essential" employees in most cases are placed in the same bargaining units as the employees they supervise because of current statutory criteria. Supervisors of other em- ployees are granted full collective bargaining rights in separate bargaining units and confi- dential employees are granted similar bargain- ing rights. This approach is inconsistent with the National Labor Relations Act and laws in many other states where supervisory and con- fidential employees are outside the collective bargaining process as agents of the employer. The extension of full collective bargaining rights to supervisory and confidential employ- ees seriously impairs the ability of public em- ployers to adequately manage in the public interest. Supervisors of public employees should be treated in a manner similar to supervisors in the private sector, i.e., their management role should be acknowledged and they should not have bargaining rights. In no event should supervisory employees be represented by an employee organization which represents non - supervisory employees. Similar standards should apply to confidential 20 employees. Appropriate legislative changes should be made to restore the concept of management in government. Furthermore, the term "supervisory" should be defined and construed consistent with the National Labor Relations Act. 5. Restrictions on bargainable issues. Sev- eral matters are excluded by law from the col- lective bargaining process, especially union security provisions and matters pertaining to pensions.. Items such as dues check -off and agency shop should be the subject of the bar- gaining process, not automatically required of the employer. Furthermore, locally ad- ministered pensions should be subject to bargaining. 6. Public Safety The protection of lives and property is a signifi- cant responsibility of cities and throughout the state, the majority of police, fire and other public safety services are provided locally. In recent years a number of new initiatives have developed_ which have the potential to improve public safety services while maintaining local control. The League be- lieves the following policies would carry out this direction: 6 -A. Police Training The basic police training mandated by the state is an important factor in promoting basic profes- sional skill levels among officers throughout the state. However, a network of trained officers can best be developed and maintained if the cost of training is minimized and its availability is in- creased. To move toward these goals, we suggest the following: The opportunity to undertake academic work at post- secondary schools is a valuable pre - professional training experience for po- tential police officers before they are em- ployed. It offers students the opportunity to study public safety issues in a broad con- text and help them identify whether they wish to become career officers, and it assists local units by creating a pool of candidates for employment. The League endorses this approach to pre- service training, as well as the recommendation of the Peace Officers Training Board that such training should be made more widely available by reducing the number of academic hours required be- fore enrollment in the basic BCA course to permit students at community colleges, among others, to be eligible to take the basic course upon completion of the academic work. 2. Some potential police officers should have the opportunity to complete their basic training before they are hired, through in- creased enrollment capability in the basic Bureau of Criminal Apprehension course. 3. Basic police officer training should be avail- able at locations outstate, using such facili- ties as community colleges or area voca- tional- technical schools, with training pro- vided or approved by the Peace Officers Training Board. 4. A surcharge on all fines should be imposed and the resulting funds used for reimburse- ment of the local share of training costs. 6 -B. Lateral Entry in Law Enforcement and Fire Service As law enforcement and the fire service become more professional and requisite skills become more sophisticated, there is a need to encourage lateral entry or lateral mobility so that all officers can find the employment for which they are the most qualified, and so that local agencies can have greater opportunities to promote or hire the most qualified individual for any one position. Certain civil service laws and the lack of pension porta- bility hinder lateral entry and mobility. We en- dorse the changes in those laws which are addres- sed in other sections of the League policy state- ment. 6-C. Local Discretion to Amend the State Building Code for Public Safety Purposes Although the traditional approach to protecting lives and property is to respond to emergencies, at- tention increasingly centers on preventing emergen- cies through a variety of strategies. There is no question that incorporating certain protective fea- tures into building design and construction -- es- pecially in high -risk areas or certain high -risk build- ing -- would serve to better protect the lives and property of occupants. Furthermore, if these pro- tective features were incorporated, evidence indi- 21 cates that the rising cost of public safety services would be curtailed to a significant extent. _ The League recommends that the state building code be amended to permit any city to enact ordi- nances to require fire protection and building secu- rity features that exceed those set forth in the code. Furthermore, the Local Affairs Subcommittee of the Building Code Standards Committee should study and make recommendations to the legisla- ture on means to amend the code to incorporate such features. 7. Human Services Individuals are the most valued resource of any community. To protect and promote the equal opportunity of individuals to improve their social, economic and physical well being, and to seek and develop new and improved means of developing human resources, are the responsibilities of every city. The League supports the following policies to encourage the development of human resour- ces: 7 -A. Development of Human Resources Minnesota has a strong reputation as a national leader in legislation and programs that are focused toward strengthening the ability of the individual so that each person can apply his or her talents to the fullest possible extent in attaining a quality education, achieving and maintaining good health, in having a job, and in living in comfort, safety and decency. We believe that all public jurisdictions have a particular responsibility to promote and en- courage efforts in employment and delivery of services to insure that individuals have equal ac- cess to these opportunities. To facilitate these ef- forts, we support the following initiatives: The Minnesota Department of Human Rights should administer federal civil rights laws and executive orders within the state, through memoranda of agreement with appropriate federal agencies. The Department, insofar as possible, should develop and disseminate comprehensive guidelines and procedures for compliance with federal as well as state laws and regulations that will clarify the some- what confusing multiplicity of regulations emenating from different federal agencies. The Department should also be the single point of responsibility for enforcement of state and federal regulations and guidelines within Minnesota, except where cities are the enforcement agency. 2. The League also supports the efforts of the Minnesota Department of Human Rights to provide an educational program on civil rights matters for public and private employers throughout the state. Federal and state funds should be provided to implement this program. 3. Cities on their own initiative in concert with municipal human rights commissions, should continue to look for meaningful ways to en- courage the development of individuals and to promote equal access to job and housing opportunities and to public services. 7 -13. Delivery of Human Services Large and small cities throughout Minnesota have developed a wide range of programs and phy- sical institutions which focus on human services, including police and public safety services, park and recreation centers and programs for all ages, libraries and the educational programs they pro- vide, community centers, hospitals and nursing homes. These programs and institutions are visi- ble responses to the fact that almost 80 per cent of Minnesotans live in cities, and that the urban envir- onment tends to provide the support for the insti- tutions that provide human services. While we believe that all citizens, regardless of where they live, should have equal access to human services, we also believe that cities will continue to provide the focus for the delivery of human ser- vices and that these services should be developed by using the resources, systems and facilities that are already available in the urban communities, avoiding duplication of services that are already provided at the local level. State policy regarding human services, including health services, correctional services such as com- munity -based corrections, and other public assis- tance services, should recognize the role of cities in a positive manner. Specifically, city councils should have continuing input into the delivery of human services and should be represented on the govern- ing bodies of human service delivery agencies such as countywide health boards. Furthermore, city 22 councils that choose to do so should have the op- portunity to initiate proposals or to - review and modify the implementation of human services such as community -based corrections, community health services and environmental health services. Finally, as modifications are made in state and federal human services programs which are locally adminis- tered, three basic policies should be incorporated: (1) any mandated service programs should be ac- companied by continuing state or federal financial support; (2) to the maximum extent possible these service programs should be integrated into the existing local government structure; and (3) cities should be eligible recipients for state and federal grants to carry out such programs. 8. General Legislation' = The interests of cities are very wide ranging in scope and subject matter. The League supports the following policies which address a variety of sub- ject matter areas: 8 -A. Open Meetings Law Municipal officials as a group strongly agree with the basic premise of the open meetings law -- that is, to assure the public's right to be informed about the conduct of the public's business. However, the law should specifically state that it applies only to meetings where a quorum of the body is present, to clarify the present restrictive interpretation of the law, and the definition of adequate notice should also be clarified by the legislature. These changes would settle issues of interpretation of the statute, and make it easier for public officials to comply. We also believe that there are certain specific in- stances where the public interest would be better served by permitting a local governing body to meet in executive or closed session. These instan- ces include discussion of labor negotiation strategy, discussion of present or potential lawsuits with an attorney, certain discussions relating to employees, and discussions regarding the purchase of land for a public purpose. In order to safeguard the public's right to know in these instances, the local govern- ing body would make the decision to hold a closed session by a 2/3 vote, and a written or taped record of the meeting would be made for later disclosure when the information is no longer sensitive. Finally, the law should be clarified so that any 4 . 1 1, , legal action or penalty is provided only when there is a willful violation under the law. 8 -B. Adjusting Dollar Amounts in City Statutes By a Constant Dollar Index Inflation has had an effect upon cities beyond a mere exertion of upward thrust on budgets and ex- penditures. The legislature has .quite consistently included within authorizing and enabling legisla- tion, limitations expressed in dollars. These dollar limitations, while quite appropriate at the time of enactment, become progressively more constrict- ing with advancing inflation. Therefore, the Lea- gue recommends that certain of the more impor- tant and often used authorizing statutes containing dollar limitations. be modified by application of a constant dollar index figure" calculated. from the year of enactment, to the limitation set out in the act. The modification should be made so that when statutes relating to: other statutes are modi- fied, the dollar limitations are adjusted in a uni- form manner. 8 -C. Conflict of Interest; in Contracts The League and city officials have strongly sup- ported the relatively stringent'1aw which forbids a city official from taking part in any sale, lease or contract transaction between the city and a private supplier in which the official has a personal finan- cial interest, however modest. While there is evi- dence that this prohibition may at times result in increased public expense, we feel that the public interest on the whole is best served by, continuing the prohibition. However, certain modifications in the application of the law should be made in the light of a recent new law and to keep current with inflation in ' costs. First, the. maximum dollar amount of authorized contracts with officials should be $3,000. Second, since savings and loan associations as well as banks are now legal deposi- tories for city funds, the designation as a deposi- tory of such an association, like that of a bank, should be authorized even where a city official has a financial interest in the institution. 8 -D. Disposal of State Surplus Property Personal property that is declared surplus by the state should be made available for acquisition or purchase for governmental use by local govern- ments before it is available to the general public. Appropriate legislative and administrative changes should be made. 23 8 -E. Courts and judicial Administration Minnesota made a major revision of the lower court system in 1972, when the law that created a county court system to replace municipal and jus- tice courts went into effect throughout most of the state. The League continues to support this system and, in view of the limited experience we have had with the county court system, we would oppose any further consolidation of the court system in Minnesota until sufficient time has pass- ed during which the operation of the county court system can be evaluated. Experience over the past few years has shown that many cities, especially smaller cities, have experienced costs for prosecution and associated activities beyond their ability to support. We re- commend that the law be amended to require that county attorneys prosecute all cases involving local or state law, except where the city council by ordi- nance has designated that the violation of certain ordinances or misdemeanors would be prosecuted locally. The county should be permitted to retain a major portion of the fines when the county attor- ney prosecutes a case. Also, the law should be amended so that in petty misdemeanor cases, whether by law or ordinance, there is no jury trial. 8 -F. Good Samaritan Law The Good Samaritan Law, a law of interest to municipal employees in the provision of emergency care, has never really served its purpose because, unlike similar laws in other states, it preserved the common law liability of a Good Samaritan for damages resulting from ordinary negligence in ren- dering emergency care. The League recommends that the law be amended to limit the liability of a person rendering emergency care at the scene of an emergency to liability for willful or wanton mis- conduct. 8 -G. Liquor Control Issues The League and its members strongly supported the legislature in 1974 when it modified liquor laws to make the number of on -sale liquor licenses issued a matter for local determination and to eli- minate the phase -out requirement when there are municipal on -sale or off -sale liquor operations. We recommend that the legislature build on these ini- tiatives by taking the following actions: f 1. Cities should have the same authority to es- tablish fees for off -sale liquor licenses and special club licenses that they now have for on -sale liquor and beer licenses and off -sale beer licenses. However, in the event that the legislature determines that there is a need for uniformity throughout the state in fees for special club licenses, the statutory limits should be keyed to gross sales and should be substantially ,increased. 2. To ease problems of local enforcement,,the laws relating to the presence of minors in on- sale establishments where liquor or 3.2 beer is sold should be clarified and made consis- tent. Statutes should clearly define when minors may legitimately be on such premises and under what conditions. 3. Private liquor operations should be required to post a substantial bond or to secure liq- uor liability insurance in amounts reasonably adequate to cover any anticipated claims under the Liquor Civil Damage Act. Also, the Liquor Civil Damage Act should be modified to provide for consideration of any comparative negligence on the part of the claimant as it relates to the total cause of the loss. 4. The League opposes the sale of wine in gro- cery stores because it would create addi- tional problems in enforcing liquor laws. 24 8 -H. Hazardous Building Law The League - sponsored law providing a procedure for the repair or removal of hazardous buildings and the filling or protection of hazardous building excavations has been useful to cities in eliminating blight and upgrading neighborhoods, but several minor defects in the law should be eliminated to make it more workable. The League therefore re- commends the following changes in that law, Min- nesota Statutes, Sections 463.15 - 463.261: Elimination of the inappropriate references to the assessment procedure of the local im- provement code. Reliance should be made instead on the present provision of M.S. 463.22 for the collection of the municipal net expenses for repair or .removal of adila- pidated building as a special charge after court determination of the amount and upon a new provision for assessment after notice and hearing in the case of the filling or protecting of dangerous building excava- tions. 2. Extension of the definition of owner, occu pying tenant, and lien holder, now appli- cable to mailed notice requirements in con- sent proceedings, to all hazardous building and excavation proceedings. 3. Correction of a citation error in M.S. 463.152, Subd: 1 to link the eminent domain autho- rity of the act to the hazardous building definition and thus carry out the obvious legislative intent. [. r - ■ WINE WA subdivision REQUEST NUMBER: S -76 -8 NE corner of Laguna Drive LOCATION: and West Shore Drive. REQUEST: Rearrangement of existing three lots. Village nlanni►ig d .-,Wr. !Cnt villnge of ed' EDINA PLANNING COMMISSION STAFF REPORT June 2, 1976 5 -76 -8 Dalsin First Addition. Generally located at the northeast corner of Laguna Drive and'West Shore Drive. Refer to: Attached area map and reduced survey showing proposed lots. The proponents are requesting to replat three lots on the northeast corner of Laguna Drive and West Shore Drive to a reconfigured three lots. Formerly one owner owned all three lots which faced West Shore Drive. The new proposal would have two lots facing Laguna Drive. The staff feels this is logical as many homes now face Laguna and the existing house facing West Shore Drive is set far back on the jot creating an excellent transition. The lot sizes proposed are large for the area (18,900 - 37,500 square feet). Recommendation: The staff would recommend approval for the following reasons: I. Significant changes are not being made to the area. 2. No new building lots are being created, thus no intensifying of the area. This recommendation is contingent on the dedication of an easement for utility purposes and the installation of one connection for utilities for the southeast lot. GL.: In 5/27/76 PROPERTY UNDER CONSIDERATION Owner Mr. Bernard Dalsin 6629 West Shore Drive Edina, (Minnesota 55435 1)11- lilt f wn i7T"__ f 1, - • -a?'.- CP •.:1•/i i "'1(�» I,�S IOf So - °S :� r.: <:. f1: 23 I'IYU'Ir a1ltlM 1'1• .I� �w• )al, a. I I \O i. ct S ©• ^ _° 32 r 33 •`_:I 3♦ R= ,l� o NZ.o ��Q ��P • ; r � �2_r.. . - �f1`' • � ^ r�l � •/t S?- I, C711S 1 s- ' ''fi• S >� ,• of � 12 ,5•,'� , ► L °trr •I7 o {A1•�_ - 1 P A R K ; 1 �f0 � X57:.. 1 ::•�'r l,, {� /M r -, 10116i � � 11�,� .1 � •- . '• � ii e. �, 3 .,.,:' _ : o1}f i w ^ i< o i6n•S l . • t N. l�'.: , i \,. ' C � p :. 9 SILL ! r ;. ♦�1 '•o3 .` . 29 . � • +,; ti \\ �w ' -/ o �ti� �,•~ ���� p @'6 � � . ~ � � (Unr►1! • • � c .0 i : -, >v' °r-•�6 i-. 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C , 7a) f 7Y•n1,,\•:'Yii•Ir:;y ' r ;;.•..,•s ,.{ ,c1 '- ,r11' :a n t •'� )i)) ' Fc � (:,,ydr (- ( C " � "'•b •`� I r T /Jr~j. '��,�•'1 .: r.T �.n,i •4 w r -It t:�.+/,(r f �.� +' «�. . t 1 I j.l r .: rl7 `�: \I( ,..,= ��•10l'l� .It� t [•71�� tt12 � l!}i�! ;'� ;, � 10 ."'d 1 I• 7,{ C t0 •. ,71t,:• l °}a 7, ��`” { {. 9 '� 10 0 .°o '��• f.1 Y I� • 1 N 1�l G' ='< 'T +�- y/��,,1• +y}+,1'�S:. ifip.C.�1 /, ,r`^ll10 • irtti4 c "�� o II I j:' : • �3 L4blc a•,io7Ssw~4rw'• L�'� "^��.3.�,1. sv � ; �! i.1 'ail I .. 11 1• . r � � [or It r• $ PRELIMINARY PLAT OF, • 1 never K••tlr) l0 /L t•I/ Krr•p• 01 /n Of r<rorl 11 1 ' ey w e• o•eM 77r'•fct tYTw'L'r AM Nat 1 •0 / eY11 te9l tlere0 t/nJ Sun•)oe unJ•r tn• 1/.\ 01 V. St•t• 01 e:•. v4. Q tMt• pry�.T li i_76 eK. te. eSl!_ �`'.` DALSIN I ST ADDITION f Eet� t C. � •1.t +.•,.• 9,96 Q�\�� • N ►1 LPG ' ..e • BEKCN MARK: — of vovoKj- nt tOfe.•r TOD 01 too nYL 01 Ilrf n)Er/nt ne /f •pYW (Iw•i /pl • fBE.N �f. L('+ Dr1r / tEler 11 On •I B3 ........."It corn•f of Ynt EEL• Eemt •De ►•EL Y'ow - • EpDL10ENi+ nr, Pr�l /.e D /1•In EE79 Sect Sno•• Drlw {L:•r \I prA•7:74 • p11E5E'R 9409LDI1 ULSCNIYTIJ+: tut% 0. a •M 10. 51M\ 7, YODDNILL. /tcordlnp N tM 1•co•4e plot [lone'.'"'P n Call:•. HI —sou. / I 6 1 Y SUND! tAND 5t'4 all L:�C .:•�• 6 -2 -76 Planning Commission Minutes, page 2 S -76 -8 Dalsin 1st Addition. Generally located at the northeast corner of Laguna Drive and West Shore Drive. Mr. Luce recalled the property in question was originally platted with two lots fronting on West Shore Drive and one lot fronting on Laguna Drive. The proponent's home is located on the northerly lot which faces West Shore Drive; the other two lots are divided in an east /west direction and are vacant. The proposed plat would essentially redivide the vacant lots in a north /south direction;'the corner lot would be oriented toward West Shore Drive, and the other lot would front on Laguna. The resulting lots, ranging in size from 18,900 square feet to 37,500 square feet, would be larger than the average lot sizes in the neighborhood (about 16,000 square feet). Mr. Luce recommended the proposed plat be approved, as no significant change would be made in the area and no new building lots would be created. Approval should, however, be contingent on the dedication of a utility easement.and the installation of a utility connection for-the southeast lot. Mr. Bernard Dalsin, the owner, 6629 West Shore Drive, stated the vacant lots as they are now platted are impossible to sell because of a Woodhill Addition deed.. restriction in affect until December 31, 1980. That restriction requires that any , houses built on the property must be constructed behind a certain line to preserve the view of Lake Cornelia from the south side of Laguna Drive. Mr. Luce informed the Planning Commission that deed restrictions are protective covenants which are placed on a property by a developer to protect the residents of a particular subdivision or regulate a certain design trait. The City Attorney has opined, however, that since the City cannot control protective covenants, it should not, in making any decision or taking any action, participate in the enforcement of those covenants. Mr. Roy Utne, 4529 Laguna Drive, indicated he would not object to the proposed replat if the house to be built facing Laguna Drive'is built as far to the east as possible in order to preserve his view of the lake. Mr. Kenneth Person, 4520 Laguna Drive, indicated his .objection unless the house to be built facing Laguna is built as far to the west as possible. After considerable discussion the Planning Commission generally agreed they could approve the replat since house locations and deed restrictions are not enforced by the City beyond the standard setback and other ordinance requirements. Mr. G. Johnson moved that "Dalsin lst Addition" be approved subject to the provision of a utility easement and an additional utility connection for the southeast lot. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. Mr. Dalsin stated that "provided the deed restrictions are legal, I will not build on.the corner lot until they expire." rte' A . / ` a- -a') ,i -A SUNDE LAND SURVEYING EDWARD H. SUNDE REGISTERED LAND SURVEYOR 9001 EAST BLOOMINGTON FREEWAY (35W) . BLOOMINGTON, MINNESOTA 55420 . 612 - 881 -2455 June 14, 1976 City Council of Edina C/O Mrs. Florence Hallberg City Clerk 4801 West 50th Street Edina, Minnesota 55424 Re: Replotting of property at 6629 West Shore Drive (DALSIN 1ST ADDITION) Sir, Madam: My clients, Mr. and Mrs. Bernard Dalsin of 6629 West Shore Drive in Edina, have authorized me to request your earliest consideration for approval of their proposed three lot subdivision located at said address. This proposal plat (known as DALSIN 1ST ADDITION) was formerly filed at the City of Edina on May 20, 1976. It appeared before the Edina Planning Commission on June 2, 1976 and received approval. On June 7, 1976 the City Council of Edina was to consider this development item and officially set the Public Hearing date for June 21, 1976. Apparently due to some internal administrative problem, the necessary information was not available at the June 7th meeting so that the June 21, 1976 hearing date could be set. Our request is that when the City Council of Edina meets on June 21, 1976 that the 1ST Public Hearing date for DALSIN 1ST ADDITION be set for July 12, 1976. We are aware that development business is not normally considered at the first City Council meeting of the month but due to the circumstances we ask you to make an exception in this case so the time delay can be held to a minimum. Respectfully, SUNDE LAND SUP,VERYING Edward H. Sunde, R.L.S. Enc: cc: Mr. Greg Luce Mr. Harold Sand Mr. and Mrs. Bernard Dalsin EHS /da w � REGISTERED LAN D SURVEYOR I, 612 FM f PROPERTY UNDER CONSIDERATION Owner Mr. Bernard Dalsin 6629 West Shore Drive Edina, Minnesota 55435 ,)71- ulc s 41-113, ON �• •i 30 •�: �7"�— n 711 - .. -- -V•11 1•Ntl I.T fi 70 .'ML'1 r. / 1'.N_ ••11.11'!/ ••1••yY r•N �b,� i 1 I QO A, Qa y2 • 33 .9. 34 _K �K.o 1ti r�PJ ci <. 11 a s71• "mr ° :s, Iz .�/ •r 9 Fitz If N�Q'2r�^ 7'•p1�11 t A1'1Y�it' $ f,i.' ` <�►�. of •- 3t� P A R K IF 3 3.•� °n- 30 C Oil 2 �b.� '\ /�` •' " `o •S i • 4 ` 11t nS �i 11 y�•1 sr •• ►E �o \�1 \G� ° ari�lrr �' N+r • •' -,1•• _i0 2• � r a`'� 3 •h � ', �\ +y S• s �% • (U j� ��� .s I • i� 00 -• " .s ` "�l; 2a � •►\.� °r''•; 16 ti P A R K �Otie ! �- 4 % r 01 x S • � 'L K • A : ` • 11 101 °• eti i �� °' 5 � ; • ' 15711 ° 2 7'•i \ na`1 / \Y a rt • .. GO M7 q l ,.8 �•�� S(� o C i 1�1�j1)1 / i � • � M`' 6 'o �oS °• 1 � •f)!'•l)) •� }i •^ 1 r3o,t 0 �� %,IfS �^ .. 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C •'• J "c >t :�°oi •111 Il �•¢I( 3 • c t1 C Y C � � � }• ►�../li�.~ •1.071 ''tit �.Skb. ,�:., 3 � � 'O S lot to • f ti 9 .. to �'I: n 'try �.i • ► ., 18 t L r 0 ^I $ •ti. 1 17.1 1 g S { p •'°• rr4i'j11oSn11' "if •• r 101 n r o y Square footage of property bordering proposed preliminary plat of "DALSIN 1ST ADDITION:.. Plat of "WOOD HILL EDINA, MINNESOTA: Block 1 Lot 6 27,980 +/- Lot 7 29,650 +/- Lot 8 29,640 +/- Lot 9 28,560 Lot 10 28,460 Block '2 Lot 6 14,620 +/- Lot 7 13,533 +/- Block 3 Lot 1 13,434 +/- Lot 2 13,050 +/- Lot 3 12,885 +/- Lot 4 11,180 +/- "Plat of CRESTON HILLS, Hennepin County" The west 55 feet of Lot 2 and all of Lot 3 Block 8 27,452 +/- Lot 1 and that part of Lot 2 lying east of a line running parallel with the west line thereof, from a point on south line thereof, distant 55 feet northeasterly from most southerly corner of Lot 2. 17,550 +/- Block 7 Lot 1 10,934 +/- Lot 2 11,760.+/ - Lot 3 11,672 +/- Zoning ordinance in this area of Edina is R -1. A l� N111age of ' gEdin a 4801 WEST FIFTIETH STREET • EDIHA, MINNESOTA 88424 927 -8861 _ RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described property is at present a single tract of land: Lot 16, Block 1, Oscar Roberts 1st Addition; and WHEREAS, the owners have requested the subdivision of said tract into sep- arate parcels (herein called "Parcels ") described as follows: That part of Lot 16, Block 1, Oscar Roberts 1st Addition lying West of the following described line: Commencing at a point on the North line of Lot 16, a distance of 50.0 feet East from the Northwest corner thereof; thence South parallel with the West. line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16; a.distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and That part of Lot 16, Block 1, Oscar Roberts 1st Addition except that part lying West of the following described line: Commencing at a point on the North line of Lot 16, a distance of 50.0 feet East from the North- west corner thereof; thence South parallel with the West line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16, a distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described parcels as separate tracts of land is hereby approved and the requirements and-provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with.the prior approval. of this Council as may be provided for by those ordinances. ADOPTED this 12th day of July, 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 July 12, 1976, and as .recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 15th day of July, 1976. Deputy City Clerk Nlllage of �dlna 4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 927 -8861 RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described property is at. present a single tract of land: Lots 10 and 11, Block 3, Edina Interchange Center; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new.and separate parcels Oerein called "Parcels"): .Lot 10, Block 3, Edina Interchange Center, Hennepin County, Minnesota, according to the recorded plat thereof; also the Northerly 128.00 feet of -Lot 11, said Block 3, as measured at right angles to the North line of said Lot 11; and That part of.Lot 11, Block 3, Edina Interchange Center, Hennepin County, Minnesota, except the Northerly 128.00 feet; and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the City of Edina will create an unnecessary hardship and said Parcel(s) as separate tracts of land do not interfere with the purposes of.the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; -NOW, THEREFORE, it is hereby.resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be.provided for by those ordinances. ADOPTED this 12th day of July, 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 July.12, 1976, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 15th day of July, 1976. Deputy City Clerk RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described property is at present a single tract of land: Lot 16, Block 1, Oscar Roberts 1st Addition; and WHEREAS, the owners have requested the subdivision of said tract into sep- arate parcels (herein called "Parcels ") described as follows: That part of Lot 16, Block 1, Oscar Roberts 1st Addition lying West of the following described line: Commencing at a point on the North line of Lot 16, a distance of 50.0 feet East from the Northwest corner thereof; thence South parallel with the West, line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16, a distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and That part of Lot 16, Block 1, Oscar Roberts 1st Addition except that part lying West of the following described line: Commencing at a point on the North line of Lot 16, a distance of 50.0 feet East from the North- west corner thereof; thence South parallel with the West line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16, a distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described property is at present a single tract of land: Lots 10 and 11, Block 3, Edina Interchange Center; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels ") Lot 10, Block 3, Edina Interchange Center, Hennepin County, Minnesota, according to the recorded plat thereof; also the Northerly 128.00 feet of Lot 11, said Block 3, as measured at right angles to the North line of said Lot 11; and That part of Lot 11, Block 3, Edina Interchange Center, Hennepin County, Minnesota, except the Northerly 128.00 feet;.and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the City of Edina will create an unnecessary hardship and said Parcel(s) as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED this 12th day of July, 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 July 12, 1976, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 15th day of July, 1976. Deputy City Clerk Village of �Edin a " -- 4601 WEST FIFTIETH STREET -• EDINA, MINNESOTA 511424 927.8861 RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described property is at present a single tract of _ -land: Lots 10 and 11, Block 3, Edina Interchange Center; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the.following described new and separate parcels &rein called "Parcels"):. Lot 10, Block 3, Edina Interchange Center, Hennepin County, Minnesota, according to the recorded plat thereof; also the Northerly 128.00 feet of Lot 11, said Block 3, as measured at right angles to the North line of said Lot 11; and That part of Lot 11, Block 3, Edina Interchange Center, Hennepin County, Minnesota, except the Northerly 128.00 feet; and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the City of Edina will create an unnecessary hardship and said Parcel(s) as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED this 12th day of July, 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 July 12, 1976, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 15th day of July, 1976. Deputy City Clerk RESOLUTION OF APPRECIATION WHEREAS, FRANK S. DEAN has been a member of the Planning Commission of the City of Edina since his appointment by the City Council on May 7, 1973; and WHEREAS, FRANK S.. DEAN brought the benefit of his experience and gave of his time, knowledge and talents.to perform the various duties and responsibilities of the Planning Commission; and WHEREAS, FRANK S. DEAN, by his efforts for the residents of Southwest Edina during the formulation of the Southwest Edina Land Use Plan, by his actions while serving as a member of the Board of Appeals and Adjustments of the City of Edina from June 21, 1971 to May 7, 1973, and by his actions while serving as a member of the Planning Commission, contributed greatly to the orderly growth and development of the City of Edina and has deseredly held the full respect and regard of his fellow members of the Commission; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council joins with the Edina Planning Commission in expressing sincere appreciation for the most generous contributions of FRANK S. DEAN to the City of Edina in his capacity as a member of the Edina Planning Commission; and BE IT FURTHER RESOLVED that an appropriate copy of the resolution be transmitted to FRANK S. DEAN in recognition of his service on the Edina Planning Commission and the Board of Appeals and Adjustments, and that it be spread on the pages of the minutes of the Edina City Council meeting held July 12, 1976. ADOPTED this 12th day of July, 1976. Mayor