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HomeMy WebLinkAboutJune 6, 1978 TENTATIVE AGENDA ADJ .REG. SESSION SHAKOPEE, MINNESOTA JUNE 6 , 1978 Mayor Harbeck presiding 1 . Roll Call at 5 :00 P.M. 2 . Approval of Minutes of May 16th Special Session and May 16th Adj . Reg. Session 3. Communications : a] Minn. Dep' t . of Transportation 4. Liaison reports from Councilmembers : a] Cncl .Hullander from Shakopee School Board b] Cncl .Lebens from Recreation Board c ] Cncl .Reinke from Shakopee Public Utilities Commission d] Cncl .Ward from Joint Seven Man Committee e ] Cncl .Leroux from Shakopee Fire Department f ] Mayor Harbeck from Scott County Board of Commissioners 5. RECOGNITION BY THE CITY COUNCIL OF ANYONE PRESENT IN THE AUDIENCE WHO DESIRES TO SPEAK ON ANY ITEM NOT ON THE AGENDA! 6. Old Business : a] Review of 1978 Priorities b] American Legion Club, Post #2 application for On Sale Club Liquor License - tbld. 5/16 c ] Friendly Folks Club, Inc . application for On Sale Club Liquor License - tbld. 5/16 d] Wittles , Inc . application for Off Sale Liquor License - tbld. 5/16 e ] Claim of Mrs . Ronald DeGross - tbld. 5/16 7 . Planning Commission Recommendations : a] Recommend amending City Code to provide a conditional use provision to allow more than two dogs in residential area. Ordinance No . 7 b] Recommend denial of conditional use permit to erect duplex in Replat of Zoschke ' s Add'n. - Res . No . 1264 8. Routine Resolutions and Ordinances : a] Res . No. 1266 - Setting Fees for Intoxicating Liquor and Non-Intoxicating Malt Licenses b] Res . No. 1267 - Authorizing the Execution of an Application for the Extension of Governor ' s Commission on Crime Prevention and Control Grant for the Operation of the Crime Prevention Unit of Scott County and Appropriating the County' s Share of Matching Funds Therefore c] Res . No . 1262 - Approving Plans and Specifications and Ordering Advertisement for Bids (JEJ 2nd and Deerview Acres)-tbld 5/16 9. New Business : a] 8: 00 P.M. PUBLIC HEARING - 76-1 Deans Lake Drainage Improvement b] 8 : 30 P.M. - 1978-79 3. 2 Beer License Renewals c ] 1978-79 Set-Up License Renewals d] Approve new licensee of House of Hoy Inc. - Joseph G. Simon e] 9 :00 P.M. PUBLIC HEARING - 1978-1 Public Improvement Program Service Road in area of Cretex Company f] Shak-O-Valley Days 1978 Program - George Muenchow g] Holmes Street Ad Hoc Committee ♦ S Tentative Agenda June 6, 1978 Page -2- h] Vacation of easement in Eaglewood 3rd Addition - hearing held 5/16/78 i ] Report on Jackson Township storm sewer repair work J] Engineer ' s status report on public improvement projects k] Law Enforcement Mutual Aid Pact 11 Staff Training Proposal m] Certificate of Appreciation to Randley Hanson n] Set date for bid opening for purchase of wood chipper o] Approve interest payment to 1st National Bank p] Discussion of health insurance bids - no action required q] Authorize purchase of a mower tractor r] Changebid opening date on insurance liability to June 26th s ] Authorize advertising for bids on tennis courts - July 5th at 10:00 A.M. 10. Consent Business : a] Appointment of Asst . City Engineer, Jon W. Erichson effective June 12th, 1978 b] Accept resignation of Joan Irgens effective June 9th, 1978 11 . Other Business : b] c] 12 . Adjourn Douglas S. Reeder City Administrator TENTATIVE AGENDA SHAKOPEE HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING SHAKOPEE, MINNESOTA JUNE 6, 1978 Chrm. Lebens presiding 11 Roll Call at 7 : 30 P.M. 21 Approval of Minutes of April 18, 1978. 31 Executive Director ' s Report : a] Presentation of Mr . Jim Solurud, Executive Director Scott County HRA, regarding transfer of certain housing programs to the County b] Update on M.H.F.A. new apartment construction. 41 Other Business : 5 ] Adjourn Nancy Engman H.R.A. Director SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY ADJ.REG.MEETING SHAKOPEE, MINNESOTA APRIL 18, 1978 The Executive Director called the meeting to order at 7 : 24 P.M. and appointed the Secretary, Commissioner Reinke , to act as Chairman in the absence of the Chairman and Vice-Chairman. Commissioners Reinke , Leroux and Hullander were present . Commissioners Lebens and Ward were absent . Leroux/Hullander moved to approve the Minutes of April 4, 1978, as kept . Motion carried unanimously. The Executive Director reported that the Department of Housing and Urban Development has invited proposals for a Public Housing Program that provides for the construction of three and four bedroom single family homes for rent to low and moderate income families . The Program would operate on the turnkey method with private developers constructing the homes and then selling them to the Housing Authority. The City has been invited by both the Metropolitan Council HRA and the Scott County HRA to participate in this program by permitting their H.R.A. to locate some of these homes in our community. The Executive Director recommended working with Scott County HRA on this project and indicated we should request a reservation of five housing units in this first program year. A map was presented to the Commission indicating existing vacant lots in Shakopee which could be utilized for the proposed housing sites . Leroux/Hullander moved to concur with the Housing and Redevelopment Authority ' s Executive Director 's recommendation to participate in the public housing proposal with Scott County HRA. Motion carried unanimously. The Executive Director presented a map to the Council indicating the site which the Minnesota Housing Finance Agency has selected and programed for funding for family housing in Shakopee . The site is on 4th and Dakota Street and the project sponsor is Loren Habeggar and Harold Wetterlin. The developer has not , as yet , received the official written approval . Hullander/Leroux moved to adjourn at 7 : 32 P.M. Motion carried unanimously. Nancy Engman Executive Director TO: H. R. A. Commissioners FROM: Nancy Engman, H. R. A. Director RE: Transfer of Housing Programs to Scott County H.R.A. DATE: June 1 , 1978 The three housing programs I have discussed contracting with Scott County H.R.A. to operate are : A. Section 8 Rent Assistance Program B. Public Housing Program C . Minnesota Housing Finance Agency' s Rehabilitation Grant Program The City has operated the Section 8 Rent Assistance Program since 1975 through the Metropolitan Council H.R.A. We have assisted approx- imately 20 families and elderly people each year through this program. Scott County H.R.A. has now invited us us to operate the program through their agency. They have contacted the Department of Housing and Urban Development about setting up their own contract and received favorable reactions to the proposal . The benefits to the City from operating through a more local program of this type are that more assisted units would be available to our community, we would hhve greater input into the selection of .� applicants, and the County would receive funds to hire a full-time local staff to administer the program . This means that the City' s local staff would no longer be required to process and place applicants in the rental units . I have discussed at the last H.R.A. meeting our participation with the County in a public housing program for construction of single family rental homes . The board motioned at that time to participate in the public housing proposal with Scott County H.R.A. The third program under discussion is the Minnesota Housing Finance Agency' s Rehabilitation Grant Program. This program provides grant funds for making necessary repairs to owner-occupied homes . The City originally operated this program through the Metropolitan Council ' s H.R.A. , and last year selected tc operate it through the Scott-Carver Economic Council . I have been informed by the County H.R.A. that they have estab- lished their own contract with M.H.F.A. to operate this grant program and they've invited us to participate under their administration. They will be hiring full-time staff to process these applications, which again frees up our local staff time . Page -2- Transfer of Housing Programs to Scott County HRA I think the transfer of this final program to the County seems logical , particularly if we are going to operate the other two housing programs through their agency . This would provide us with a single outside office located within the city limits where interested residents could be referred for these various assistance programs . Mr. Solurud will be available to answer any questions and to provide with a general overview of where the County H. R. A. is developing. I have enclosed a copy of the cooperation agreement that should be executed as a first step in permitting the County to operate these programs in the City . NLE:meh CITY OP SHAHOPEE 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: FROM: SUBJECT: DATE: c� oC,�Q� ter` MP�'` l l COOPERATION AGREEMENT THIS AGREEMENT is entered into this day of 197 by and between the Scott County Housi ng an d Redevelopment Authority ' and the Shakopee Housing and Redevelopment Authority. WHEREAS, as provided in MSA 462.445 Subdivision 5, two authorities may join or cooperate with one another in the exercise of any or all of their powers with regard to housing projects located within their areas of oper- ationip and WHEREAS, by State of Minnesota Special Law, Chapter 473,19741 creating the Scott County Housing and Redevelopment Authority, a municipal housing and redevelopment authority; and if any housing or redevelopment project is undertaken in Scott County pursuant to this authorization, the location of such project shall be approved by the governing body of such village, city or township; NOW, THEREFORE, EACH OF THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: A. Declaration of Need. The Shakopee Housing and Redevelopment Auth- ority hereby declares a need for and requests the Scott County Housing and Redevelopment Authority to exercise its powers and obligations pursuant to Minnesota Statutes 462.411 to 462.711 within the municipality of Shakopee and declares the municipality of Shakopee to be within the area of operation of the Scott County Housing and Redevelopment Authority. B. Responsibilities of the Scott County Housing and Redeye lopmt Authority_ The Scott County Housing and Redevelopment Authority shall have exclusive responsibility and right to propose, plan seek funds for, con- tract for, pay costs of, administer and operate and and all funds and activ- ities funded by the United States Department of Housing and Urban Development under their Housing Assistance Payments Program for Existing Housing and Public Housing Programs or funded by the Minnesota Housing Finance Agency under their Home Improvement Grant Programs. Any other programs shall re- quire the express approval of the Shakopee Housing and Redevelopment Authority. and be made a part of this Agreement. The Scott County Housing and Redevelopment Authority shall not buy or sell land or exercise its powers of eminent domain or condemnation within the City of Shakopee except upon the express approval of the Shakopee Housing and Re- development Authority and incorporation of this Agreement. C. Responsibilities of the Shakopee Housing and Redevelopment Authority. In consideration for programs operated by the Scott County Housing and Redev- elopment Authority within the City of Shakopee and in recoginition that total costs for programs operated for the benefit of Shakopee residents are not reim- bursed to the Scott County Housing and Redevelopment Authority by the contract- ing agencies, the Shakopee Housing and Redevelopment Authority agrees that it will support the levy and collection of a special tax by the Scott County Hous- ing and Redevelopment Authority on all the taxable property within the City of Shakopee as limited by Minnesota Statutes 462.545 Subdivision 6. D. Limitations on Agreement. This Agreement, except as provided here- in, in no way limits the exercising of powers of either Authority within its jurisdiction. E. Minnesota Law to Govern. This Agreement shall be governed by the laws of the State of Minnesota. F. Term of Agreement. This Agreement shall become effective upon ex- ecution by both parties and shall continue in effect until December 31, 1979. IN WITNESS THERD'JF, the Shakopee Housing and Redevelopment Authority and the Scott County Housing and Redevelopment Authority have executed this Agree- ment this day of , 1978. Shakopee Housing and Redevelopment Scott County Housing and Redevelopment Authority Authority I Chairman Chairman Marjorie Henderson Secretary Secretary Keith Thorkelson Subscribed to and sworn before me Subscribed to and sworn before me this day of this day of Notary Public Notary Public r OIANESp�q 20 -�o a Minnesota Department of Transportation Mk �� District Five OF P 5801 Duluth Street Golden Valley, Minnesota 55422 (612)545-3761 May 19, 1978 Mr. Chester J. Harrison City Engineer of Shakopee 129 East lst Avenue Shakopee, Minnesota 55379 Re: S.P. 7009 (T.H. 169-5) Fifth Street to CNW RR Frontage Road Release to Municipal Jurisdiction Dear Mr. Harrison: This letter formally advises you of an impending release of Trunk Highway rights of way to the jurisdiction of the City of Shakopee. On April 1, 1979, the frontage roads of T.H. 169 between the limits specified above will be transferred to municipal control. , As both of these roadways are presently in good physical condition, they will not be eligible for any turnback funds prior to their release. A more descriptive statement of the rights of way to be released to the city will be forwarded within a month of the proposed date of jurisdictional transfer. Sin W. M. CRAWFO P.E. District Director An Equal Opportunity Employer CITY OF SHAKOPEE 2 19 East First Avenue, Shako pee, Minnesota 55379 � MEMO TO: _ Douglas Reeder FROM: Chet Harrison SUBJECT: Vacation of are frontage roads DATE: June 1 1978 I can see no advantage to the City taking over maintanence of the frontage "roads" along Hwy. 169 south of the railroad tracks at the west end of Shakopee . There have been previous attempts to do this but they have all failed . CJH/meh M E M O To: Douglas Reeder, City Administrator From: LeRoy Houser, City Assessor/B1dg. Inspector Subject: Inspection of On-Sale Establishments Date: May 31, 1978 Doc Hollidays - has complied with the Fire Marshalls orders except for posting Fire Lane Signs. He has a contract signed with a contractor which I observed. �.J Rock Spring - has in hand the Fire Marshalls report and will comply. They will mail you a letter of intent June 1, 1978. Function Junction - has complied V.F.W. - had no problems 1 The American Legion - was given a verbal order by the Fire j� Marshall. They have been contacted by this Department and given written instructions what they had to correct. He will submit a letter of intent by June 2, 1978. The Shakopee House - passed inspection without orders being written., The Friendly Folks Club - has completed everything except the wiring which will be done as soon as the electrician is available. He has given the City a written statement to that effect. Pullman Club - Passed inspection without written orders. LFH:phk M E M 0 TO: Douglas Reeder, City Administrator FROM : Chester Harrison, City Engineer RE: Building at 1808 W. 12th Ave . built too low for sewer hook-up DATE: June 1 , 1978 August 1 , 1977 1 . Mr. DeGross requested a building permit for the lot in question with a proposed building grade of 104 . 33 . (See attached survey) August , 1977 2 . I reviewed said permit and the lot grade at the time was 3 to 4 feet above the road . I requested the builder to lower the grade of the house to 24 inches above the street . He agreed to make these changes . He was concerned that there would be a considerable amount of dirt to move . I suggested that he discuss that problem with Mr. Doug Watson. I also told Mr. DeGross that we would have a grading plan developed fcr the area south of Minn. Valley 1st so that a more rational decision could be made concerning building grades for that area. The permit was approved Aug. 2 , 1977 . August 30, 1977 3 . A large rainstorm caused the walls in the basement to cave in. The reason this occurred was because of the large amount of dirt piled on the lot, causing water to collect against the basement walls . Oct . 5 , 1977 4. S & W obtained a permit for sewer and water service con- nection. Mr . Jim Hauer attempted to connect to the sani- tary sewer. The sewer was too high to connect for a gravity system. The building needed to be constructed one foot higher than previously approved . 5 . I made an inspection of the system at that point and con- curred with the findings - that .a lift pump was the most inexpensive way to connct to the sewer. 6 . The only extra expense was the sump hole construction in the basement and the pump itself . All other expenses were tributary to the sewer service needed for the property. April 17 , 1977 7 . I believe the $1300 offered by the City Administrator was reasonable, considering the extra expenses incurred for the lift pump facility. CJH/meh a APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 B.P. N° 612-445-3650 APPLICANT TO COMPLETE NUMBERED SPACES ONLY 1. PROJECT ADDRESS: a1 ! 716 2. OWNER OF LAND: NAME � ADDRESS 3. DESCRIPTION OF LAND BY: LOT. BLOCK. ADDITION: PARCEL NO: METES AND BOUNDS; PLAT. + /✓ / r 4. APPLICANT: / 1 / 2 / /`f'', & /' NAME ADDRESS 5. CONTRACTOR efQ `' f/ �/G ///p ,a a, /C NAME �r A D{DRIESS 6. CLASS OF WORK -ADDITION , ALTERATION REPAIR !-MOVE , RAZING OUSE . )-SIGN r/ -PATIO � -�P'ORCH . .-STORAGE BLDG. ./-TANK I ;-DRIVEWAY /O-FENCE [.]-GARAGE 7 DESCRIPTION OF PROJECT / / !6 k"Q- iL I[ `7 L 2 y X •l. Y G4-r B. BLDG WIDTH: � ! BLDG LENGTH BLDG. HEIGHT: 9 ESTIMATED COST OR VALUE S > �'•�Q/� SPACE BELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET FIRE ZONE NO DWELLING UNITSI OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION MAX OCC LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES REQ 0 YES L NO COVERED UNCOVERED LIMITING CONDITIO S APPLICATION APPROVALS r (� CITY ONING A MINISTRATOR DATE )1!5;;p Z7 _r COMMENT CITY ENGINE D TE CITY BUI DING OF ICIA DATE NOTES APPLICATION FEES `NOTES S PERMIT 1. SEPARATE PERMITS ARE REQUIRED FOR PLAN CHECK S ` ELECTRICAL, PLUMBING, MECHANICAL. SEPTIC TANK, SIGNS,AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2- THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM FIRE NUMBER S �^ MENCED WITHIN 120 DAYS,OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S ��• Q© 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM S ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST - ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE @@S$ FOLLOWING: TOTAL 771-9 , 7 5- A. COMMERCIAL PROJECTS ! /� B. INDUSTRIAL PROJECTS x 2?� � � �- C. RESIDENTIAL DWELLINGS / (OVER) SIGNATURE OF APPLICANT DATE WHITE-INSPECTOR YELLOW-FILE PINK-APPLICANT SCALE 30 CERTI FICATE OF SURVEY . = t l - o DENOTES IRON MONUMENT SURVEY FOR a DENOTES WOOD STAKE AND TACK aaR. CONSTRUCTION INC. DATUM ASSUMED 100.16 I p0.00 evv=q3.-L TWELFTH AVE. N I 100-96 42' 81T. W/CONC.CURB, 80' R.O.W. 99.78 BACK OF CURB C B GAS LINE EASEMENT_ -_- _ HYIX O --135.01'-- - x102.5 N88°2207 1012' i W �, U.1 qu 3 m U. 5 - °o v 0 0 i W 10 x x 104.0 3:1--- - ATER SERVIVIC9 o-'ti O RECOMEND FIRST FLOOR d (n o - E L.= I OAS.- O L.V , 0 A/ 0 LL Z I.- PROPOSED HOUSE SEWER SERVICE iZ o x� . -- --66'-- x 10363 = 1 103. "--� DRAINAGE AN UTILITY EASEMENT 21' 5 F30. x104.6 - N88°2207"E I��` 1 % 19&T jam' C�1PtJ TANDPI J �J I hereby certify that this is a true and correct representation of a survey of the boundaries oft Lot 2 , Block 7, Minnesota Valley 1st Addition, Scott County, Minnesota. And of the locations of all buildings thereon, and all visible encroachments , if any, from or on said land. As surveyed by me this 21st delay of July, 1977. vf/ - ol. ' Willis L. Gilliand Land surveyor, Minn. Reg. No. 95 7 Civil Engineer and Lans Surveyo, 7601 Wayzata Boulevard, Suite 21- Minneapolis , Minnesota 55426 Telephones 546-5661 CITY OF SHAKOPEE INCORPORATCO 1 870 129 E. FIRST AVE. 55379 <<v April 17 , 1978 Agnes De Gross Box 59B Elko , Minnesota 55020 Dear Mrs . De Gross : I am writing in response to your inquiry concerning the house built in Shakopee on Lot 2 , Block 7 of Minnesota Valley 1st Addition. It is my understanding that the original application for a build- ing permit for this house indicated a higher elevation for the house than was subsequently recommended by the City Engineer. Apparently as a result of the house being built at the elevation recommended by the City Engineer the house could not be sewered with public utilities without a lift pump. It is my feeling that the city was to some extent re}ponsible for a pump having to be installed and therefore I am prepared to recommend to the City Council that we pay you $1 , 300 for the additional cost you had in installing a pump and tank for the sanitary sewer . In my judgement the City has no responsibility for the caving in of the basement wall on August 30, 1977 . This was caused by an extremely heavy rainfall and the way in which the dirt was piled in the yard at that time . I am therefore offering to recommend to the City Council that the City of Shakopee pay you a total of $1 , 300 for the installation of the lift pump and tank. The City Building Official has advised me that the actual additional cost of installing this system is $955 . I am offering you $1 , 300 total to cover the actual costs to you and to compensate you for any inconvenience or hardship we may have caused you. If you would like to accept this offer , please advise me and I will take my offer to the City Council for their approval . I will ask in return that you agree to release the City from any further claims on this matter. I will await your reply before taking further action in this matter . Sincerely, Douglas S. Reeder DSR/jsc City Administrator CC : Julius A. Coller II Rod Krass ��� i--���� �i+�►Stitl� SEA/ Il;c Nu of 1'aK J. & R. CONSTRUCTION INC. ELKO. MN. 55020 TI °�, r: r r, (6121461-2136 • Ron OeGross ' • i rkuNUanl `iUUM1111 h_Il� !I slit, $it -. I)All - ._ _._. _- -• l ( f ��tuve l;'agtte r llt.�uee GIIY. -IAIE AN[) !IP CUI)1 lull 1i i:u roll SltEtkonee� hin. 1 0A IL t lit 1 1 AN a � 1 (ik Yhl 1Ir: hr•rt:by aubllul al,t•rdo,lion••.mil n AiIII.iln5 lur August 30, 1r)'17 - [louse caved in August 31 - aep,telnbur 1.0 cluaninF, ttr. guess; lif tly'r and lowi,rink• house 3;'3 houra 1=. 8.00 25�) .00 11. 1', Lumbur & Savage Ready Mix x0).71 Lifters A00.00 40 l[ru hnckhoo C 25.00 1000.00 110 lirs bobcat t @ 11.00 720.00 ,)optember 20 - Sor tejlll)1 r- 22 63 lira F• 8.00 50)� .0U 11 Ctrs backhoe i 25.00 X7`.,.00 Sewer XXX llpt T 10(10.00 Ili Steel 50(�.00.00 [lent for drill gl)A.2Ei Ralaying, of corner lino of blocks 4?1 eu, 3. 50 1!17.00 :J'tud woll x0.00 Plate 112, @ l. '15 106.00 Two rows of bottom std Ing l',)O.UO Four l3aselnellt windows F•; 35.00 14() .00 Electrian 100.00 Porms 112, C4, 3.00 3 36.00 Rod & ltud moving dirt ''�. 875.Ou Bobcat moving dirt 5 bra fit? 18. ) ,7 .0o R. Bacidl;ue moving dirt 171 9- 25. (`�;,>i �; 113 t.50 Closet over lift ,rl : fad 1137- 0 Cement vior% ovor lift i•t' l J I 150.00 1?lectrical for 2'uturu use of T•utnp o'ket •I`lt� �;0_ 0� 00 $11427.47 I ��1P CU11Ul1C h1 iil,y 1.. I/unl511 In.11rnal -tltd latlnr fo►nplet/: 111 nclnrdailte with abuve specltuations, for the sum of F'aynlf:nl Ir,be m.pk: l•, Iniluws -- ._. __.. ._._._ _..-- ._ -- -- _ __. _. -_----..._-- l$---.__-- All n.nl..•r,el I: 1!ueNnln.d fu Lc ea slrc,.Jud All w�na L• l,r IraupN LJ ul.w1,rAm MUAr - - - nlanrna .,r urlAu-1.. •.t.uul ud pr e,In.•♦ A..y oiler nlam uI Ur Vr rL•r,. born e.bta al,.r,b.a AI it tim Irr•l) pl,ns nwr,lVUy;c.ba lual•. will Lr r.. Irl.rl-,IV „Iran wr.11wn urdr,% a...1 w,11 J.""..r.e.. r�y'l1:dUr1• ... _. _.. _ Ivlra i teary-c r,rry .uul•rbn.••11 rNUr.dr A.1,pa n.•i n.va•,.„nba,roll..pun alnara Jr,,Ar•a• ._ _.__- .__ _._. _. __. _ vl dnleye Layun,l nw ,.onbul irwnal 1.,, wy 1.04 1........ and r.lbrr gr,.as.rry .n,I.r.u�.r• NUIo 11115 lyrOlur•,-11 n1Jy jlrr Our WUlh•'r I.arc billy I(.-w11 try Wu,kilt.d•.1.�.rr1l•Cn•..rl�,.,,IInuL,rl'c Nr11111towil Illy 11% 11 Owl ni rl 1114^1 will-Ill .__:_:_..._ ... ._ .. A(Uptuars of Prapatiul I In•.11111V1•pin f j. sibet ilifalwil•. anti coridibons are „dl,I,,(jury ,Intl wf: Itaruby nrr,plrrrl. Yuu a►e aulllorr:r,l Signahilt, -- ---. to du Me work :.I,ry Ili.•1 1'aynu•nl will br 111.101, ,/�o oulbned ab►tvl• (dole of Af.,.lepl.u❑ John A Listerud 928 East 2nd Avenue Shakopee , Minnesota �( ? I 55379 CITYU SUAKOPEE Attn: Mr. Doug Reeder Shakopee City Hall 129 East 1st Avenue Shakopee , Minnesota 55379 April 20 , 1978 Dear Mr. Reeder, We have a German Shepherd and Peckinese dog for the purpose of show and obedience , then a Hienz 57 for the children to play with . It has been brought to our attention that Shakopee has a Maximun ruling of two (2) dogs in residental area. I would like tc ask the council at this time to consider amending the City Code on Land Use Regulation by adding a conditional use permit provision in an R-2 Zone to allow for the keeping of more then 2 dogs . Sincerly , Mr & Mrs John A Listerud Po 0-1, Eay 13, 1973 I acid r S t; d t h t ,y ri -L iboi s I st_:I•ud .1 tifIni) t') h!,VJ :)r iir_ -c-'s , �) -, 7 rE.:,"1,j t) :li owin,, :cannels. From 1,,T'h7 t �,f,-)i I h, vi- ba-?c, ­.IbI:3 to _,-tL,i3r unl;.�,,st,,r,,d ti-I.. .,ray 1-,� nov ) •iv, c;.nI L hLva ,ora tharl doh s, even if th,�j t n:i iio t 1iv Ln-- in ti-i hery ilj _)o,,)alat3d s of I do a6raa then that th 1 a shiul,3 b a n o'-)' ortunity for scrnao_j_� to h_v_� a Ken reel for c,_-rLpin of do',s, :)rovidin6 they don'L disturb i_jei6jjL)OrS and t11a roc is ka,)t clae!i iind h..--),-:lthy for the I also that i,cannals sl ju-. •I b-, suibj-_:t t ) ray; ,l< r iris,)acU)n to assura, the -C, UJ aniiiials c:.i•>d fir. As f,)I' .:Iy s)-i" I r-Litua t-L in witf-, i,:i,. .:.,d Lis. Lis L_;i a ;IUCLI t,-) clos:- to u5 and other nai,,hbors to clz:i:-t thej cx3n' L L. 00tijel'. rheii, do.'s com t� th3 fsiLce and b.^rlc and sn:xl at my Afe when. she is in tih-a yrrd. Onc; do -, fr3cjat3int.ly ',u�i )s the f 3nca. The j- r., �A _-vz-rjt,tini.,,. ti-lat J J qoV;,�S, !7'i1J bac; isa iij live in ) ver� -)o,)ulatad ��re;; near a sho ))in, ,r - . - , centar, there nr, quite a lot of )3) )1,a wnL'_,_*_ne, in tlh�- r:iley o. Iii-I. Str,-et daily. JZ1°n re )l h; v:: t.rira � d-D.-s th-lu, br r',,.- r t ay.ryona and ev,3rithing, th,3j sad, it c.-,n ',:)a v�-v-f rit,-,t- 1 h,.va s,-�oken with two other nair�hbors, and they t o _11E1 !Uit� a rbou', tlh.. situati:in• 18 =iranl L suY3 exactly of ahi t we c, n or should c3 I)Ln . -bout tais )rotA) r. i don't icnovi if this will ma&a rn,r Jiffa,anca in j•:)ui, d3c _slon, but I al.5,) 0 lael 'chit the Listaruds do not, ;rovlt_� rd�•,,u; t f ciliti s fir their do s. Th-- dos �,a left out- sitle : 11 it .,dth no f •)m -k,'na gat l.r - -fid no su,-).)lj of drinl<in, wr,t r. -4: w, A t ) !_)a r ood n#i­hbors but in L I Y ,ife acid I feel thr_-,t this is Situ, ti,)n thA ivs iottan out o1 hi:,:id. would like to see some 10 ct i.)ri `,::,er. so Li,,A3I-A--Ls f�ra lim' t-��d c nuril ar of do .s that they c&n )r: te"ce c 1•e of a:nd that ,,ail not disturo the nei.Lh.)orhood. D. 3ozxlos 920 Z. 2nd. Av-,. DOG RULINGS IN SURROUNDING AREAS TOWNS RULINGS Chaska 2 Dogs or Kennel Lie. (however does permit 2 Large dogs & 1 Small dogs if not out at the same time.) Permits are given for more. Chanhassen 2 Dogs or Kennel Lie. $25.00. Notified in the paper that you have applied. 11jen approv. Jordon 2 Dogs or 3 Dogs. No real ruling. Savage 3 Dogs Maximum. Eden Prairie 2 Dogs or Kennel Lie. approved by council t11,1t will look at your land size and see if the neighbors complaints are valid, if not in there oppinion the permit would be granted. Prior Lake 5 Dogs without permit Burnsville 3 Dogs without permit Richfield 2 Dogs or Kennel Lie. with neighbors OK they do allow for 1 neighbors no. Bloomington 4 Dogs without permit Edina 3 Dogs without permit All Areas were asked for there rules for the intercity limits. t gb RESOLUTION AUTHORIZING THE EXECUTION OF AN APPLICATION FOR THE EXTENSION OF GOVERNOR' S COMMISSION ON CRIME PREVENTION AND CONTROL GRANT FOR THE OPERATION OF THE CRIME PREVENTION UNIT OF SCOTT COUNTY AND APPROPRIATING THE COUNTY ' S SHARE OF MATCHING FUNDS THEREFORE . WHEREAS , the Crime Prevention Unit of Scott County Program under the above captioned grant was designed on a three phase basis ; the approval and funding for which is required to be applied for and administered under seperate applications for each phase; and WHEREAS , the final phase of said program will fall in the six month period from January 1 through June 30 in the year 1979 and shall be funded for that period accordingly. NOW THEREFORE BE IT RESOLVED, by the City Council in and for the City of Shakopee , Minnesota, that the City Administrator be and hereby is authorized and directed to execute on behalf of the City, the sponsoring unit of government and grantee for this project, the application for the Extension of the Governor ' s Commission on Crime Prevention and Control covering the funding of said Crime Prevention Unit for the period January 1 through June 30, 1979 . BE IT FURTHER RESOLVED, that the sum of $5 ,209 .00 be and hereby is appropriated as the City ' s share of matching funds for the above contract period, same to be reflected in the City ' s General Budget for the year 1979. CITY OF SHAKOPEE . 129 East First Avenue, Shakopee, Minnesota 55379 C V" MEMO TO: Douglas S. Reeder , City Adm. FROM: Judith S . Cox, Deputy Clk. SUBJECT: JEJ 2nd Add'n. Improvements DATE: May 31 , 1978 There was a public hearing held on the JEJ 2nd Improvements on April 18, see attached minutes . Mr . Johnson, at this time , asked that the Developers Agreement be changed to allow him to, do his own work, because he thought the cost through the city was high. May 2nd he had changed his mind and asked the city to do his improvements , and at this meeting the Council adopted Res . No. 1250 Ordering the improvement and directing the preparation of plans and specifications . Tuesday, June 6th the Council should adopt Res . No . 1262 approving plans and specifications and authorizing the advertisement for bids . Along with the JEJ 2nd improvements , this resolution also includes the Deerview Acres improvements . jsc Reinke/Leroux moved to open the public hearing on 78- 2 , Naumkeag , Gorman , J . E . J . 2nd Addition . Motion carried unanimously . The City Engineer presented a supplemental feasibility report on the road construction and installation of the water main on Naumkeag Street . Mr. Dan Johnson, Suburban Engineering, made a brief presentation to the Council on the proposed Gorman Street improvement . Proceedings of the City Council Page -3- April 18, 1978 Mr . Clet Link, representative of the Citizen' s State Bank, requested that no action be taken on the Gorman Street improvement until the final plat comes before the Council for approval . Mr . Dan Johnson also made a presentation on the proposed improvement for the J .E.J . 2nd Addition. Mr. James Johnson, owner/developer of both JEJ 1st and 2nd Additions , expressed surprise at the cost of the proposed project and requested that the Developers Agreement , which he presently has with the City, be changed to indicate that he will be personally responsible for installing sidewalks , curbs , and gutter. The City Adm. responded that Mr . Johnson could execute a new Developers Agreement which would provide for his being responsible for the improvements . Leroux/Hullander moved to close the public hearing. Motion carried unanimously. M E M 0 TO: Douglas S . Reeder, City Administrator FROM: Chester J. Harrison, City Engineer RE: Dean' s Lake Storm Sewer Assessment DATE: April 13, 1978 I have studied the assessment very carefully. The following inform- ation is relative to this matter: I . I had an Abstract check made on this property to verify property lines and ownership . 2 . Mr. Bill Smokel (County Surveyor) took the abstract information and verified the data on the county quarter section maps . 3 . Everything has been completed to my satisifaction at t4is time . Conclusions 1 . There are thirteed lots on this plat map. I believe that two ' of these lots are unbuildable because of the relative elevation to the Lake and the soil types (organic) that lay over the surface of the land . 2 . I recommend assessing 11 lots at a cost of $_ 841 . 77 per lot based on a total construction cost of $-9 , 259 -4:z Please review the attached map . If you have any questions please contact me . The assessment hearing should be set for May 16, 1978. CJH/ji Attachments CITY OF SHAKOPEE INCORPORATED 1870 129 E. F1R9T AVE. 55379 F" May 22 , 2978 RE: 1976-1 Public Improvement Program Deans Lake Road Drainage Project Dear Resident : In 1976 , the City of Shakopee improved the Deans Lake Road area by the installation of a drainage facility and assessed the cost of this improvement to the residents in the area. The Council later lift- ed the assessments of this improvement and is now having a public hearing on the 6th of June to again consider the assessing of this improvement to the benefited properties . By law, before an assessment can be levied, there must be a public hearing held in which the residents can have their questions answered concerning the assessment . If you would like to know the amount of your assessment , prior to the hearing on the 6th of June , please call the City Engineer. Or if you have any other questions , please give him a call at 445-3650. Sincerely, i Douglas S. Reeder City Administrator DSR/ jsc The He art of Progress Valley An Equal Opportunity Employer III I VVI t Iv 1111 thN ,, I%t.t Il (It Gliv, i y i 11,141 t S (,klt I IN Awt' \ X0'-4 n. A W) I). IL �, V u ,III •1 V I tn� P 33 p9 , I J, .1 Pq k k IJOWnkD HONLH,%kl.l `\ I •t U' ' Vv 1 1 It 1 1 EXISt 2 t V 0" NOTICE OF HEARING ON PROPOSED ASSESSMENT 1976-1 DEAN ' S LAKE ROAD DRAINAGE TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Shakopee will meet at 8: 00 P.M. , or thereafter, on Tuesday, June 6 , 1978 in the Council Chambers of the City Hall , 129 East First Avenue , to pass upon the proposed assessment for the Dean' s Lake Road Drainage which was part of the 1976-1 Public Improvement Program. The area proposed to be assessed is part of the unplatted property lying in the Ntik of 15-115-22 . The Proposed assessment is on file for public inspection at the Office of the City Clerk in City Hall , 129 East First Avenue . Written or oral objections by any and all persons desiring to be heard will be considered at the hearing by the City Council . The total cost to be assessed is $9,259.47 . Any property owner may appeal an assessment to District Ccurt pursuant to Section 429.081 b " serving notice of the appeal upon the Mayor or City Clerk of the City of Shakopee within 20 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. Under Minnesota Statutes , Sections 435. 193 to 435. 195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments . When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due . Any assessed property owner meeting the requirements of this law and the resolution adopted under it may, within 30 days of the confirmation of the assessment , apply to the City Clerk on the prescribed form for such deferral of payment of this special assessment on his property. Dated this 12th day of May, 1978. Douglas S. Reeder City Clerk CITY OF SHAKOPEE 19 ASSESSMENTS FOR STREET IMPROVEMENTS Project. Deans Lake Road __ Special Assessments Date: 6-1-78 CJH Schedule: 'P ' Improvement 76-1 Improvement: Storm Sewer Project No. 2 OWNER DESCRIPTION LOT WL`OCK FOFRONT ASSESSMENT TOTAL =—James E . Pietrzak & W 27 915 5241 013 00 One $841 . 77 $841 . 77 ---5411 Eagle Creek Blvd . — - - - =-S-hakogee, MN - 55379 - - - ==-D&1e-J:= Strobel & W 27 915 5241 014 00 Two $841 . 77 X 2 $1 ,683. 54 Eagle Creek Blvd . - - - - -----Shakopee-, MN 55379 Bruce K. Novak & W 27 915 5241 015 00 One $841 . 77 $841 . 77 5420 Eagle Creek Blvd . Shakopee , MN 55379 - David J. Czaja & W 27 915 5240 030 01 One $841 . 77 $841 . 77 5262 Eagle Creek Blvd . - Shakopee , MN 55379 Gary W. Eckert & W 27 915 5240 030 02 One $841 . 77 $841 . 77 5250 Eagle Creek Blvd . - - - - -- Shakopee , MN 55379 - Walter M. Heinzen 27 915 5241 031 00 One $841 . 77 $841. 77 5331 Eagle Creek Blvd. Shakopee, MN 55379 Charles R . Griffin 27 915 5240 032 00 Two $841 . 77 X 2 $1 , 683 . 54 5310 Eagle Creek Blvd . - - Shakopee , MN 55379 -David -J Bates 27 915 5241 033 01 One $841 . 77 $841. 77 5284 Eagle Creek Blvd. Shakopee , MN 55379 �i§? aH H�reekhB&v 27 915 5240 035 00 One $841. 77 $841 . 77 gle Shakopee , MN 55379 6/1/78 City Council City Of Shakopee SUBJECT: 1978 "SHAK-O-VALLEY DAYS" Celebration Following the direction received from the residents as they responded to the Shak-O-Valley Days Survey conducted this past fall, the Committee is planning a celebration geared to the needs and interests of the residents of this community with lots of simple, family fun being arranged. Many or most of the activities would be focused in the Sweeney School/Lions Park/Tahpah Park complex. Joe Theis and George Muenchow are serving as co-chairmen and appreciate the opportunity to discuss the proposed format at Tuesdays Meeting. Attached will be some of the ideas being processed. George F. Muenchow 5/11/78 SHAK-O_VALLEY DAYS COMMITTEE A _SMORGASBORD 0F_IDEAS FO THF; .1 ? � 1K (��t'1I.,I,�Y T�AYS CFRn�1TTn�t Thursday, August 10 Sidewalk Sales Run For Fun Art Shbw Jr Royalty Pageant Evening Canoe Trip. Friday. August 11 :later Carnival Kids Tennis Tourney Fishing Contest Old Tyme Dance Art Shoe Old Timers Baseball Game Bed Races Sidewalk Sales Saturday August 12 Tennis Tourney Square Dance Archery Tourney Fireworks Horseshoe Tourney Card Contest Softball Tourney Golf Tourney Water Fight Bowling Tourney (Kids & Adults ) Parade m 6:30 Sidewalk Sales Art Show Sunday. August 13 Kiddie Parade Entertainment$ Singing, Bands iUddie Carnival, Carnival Booths, Bingo, Drawings, Simple Food Stands New Games Activities Story Talers Entertainment Softball Tourney Teen Disco Dance y TO: Doug Reeder FROM: Chet Harrison RE : Vacation of Eaglewood Easement DATE: June 1 , 1978 There is an unrecorded contract for deed on this property according to Mr. Krass . Because we were previously aware of a con- tract this vacation cannot be made . My understanding was that this contract had been cancelled but until we know for sure no action can be taken to vacate the easement requested . Hustad has been notified of this matter. CJH:meh TO: Douglas S . Reeder, City Administrator FROM: Chester J. Harrison, Jr . , City Engineer RE: Jackson Township Drainage DATE: June 1 , 1978 We have notified Mr. Chuck Louis on whose property the ditch work was performed. We will be removing the excess rock we placed in the ditch last year and the rock that washed out of the ditch last year. That part of the ditch will be filled in. (This is where the horses stomp . ) This work will be accomplished in the next two weeks . CJH:meh CITY OF SHAKOPEE 129 East First Avenue Shako pee, Minnesota 55379 MEMO TO: Tlniioal 2 Sk���e FROM: Chet Harrisnn SUBJECT:Re1 ocati cn 10" wa t erma i n W st Side storm sewer DATE:_ .Tune 1 . 1978 I concur with the letter submitted by Mr. Johnson CJH/meh Main Office / 571.6066 UMA UBURBAN 6875 Highway No. 65 N. E. NOINEERING Minneapolis, Minnesota 55432 South Office 890-6510 a Civil, Municipal & Environmental Engineering 1101 Cliff Road 711-1 Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 May 24,1978 Ref: 75-22 City of Shakopee 129 1st Ave. East Shakopee, MN 55379 Attn : Mr. Douglas Reeder, City Administrator Re: West Side Storm Sewer Improvement 76-2 Dear Doug: Pursuant to inquires of Councilman Reinke regarding the relocation of the 10" water main on Leg. Hwy. 300 as a result of the West Side Storm Sewer Improvement 76-2 the following explanation is submitted. The relocation was necessary due to a conflict in elevations between the existing 10" water main along Leg. Hwy. 300 and the storm sewer pipe as it crosses from the north side to the south side of Leg. Hwy. 300 westerly of Tyler Street. The water main elevations are based on the assumption that the pipe was installed with a depth of 7.5 feet, from the existing ground elevation , which is the cover required over the water main when constructed. Unless a gate valve is located at the point in question or "as-built" records were kept, there isn' t a more accurate means of determing the elevation without excavating down to the pipe before final design of the storm sewer. Ground profile elevations were measured in the field prior to preparation of final plans for the storm sewer by taking measurements about every 50 feet along the general route of the proposed sewer. The water main elevation and sometimes other utilities such as telephone and gas , is determined by a scaled distance of 7.5 feet from the ground profile. The water main elevations shown on the storm sewer plans are 7.5 feet lower than the existing ground. At this elevation the storm sewer would be constructed below the water main and would have provided adequate protection of the water main. Page 5 of the West Side Storm Sewer plans locates the 10" water main and states "Protect Existing 10" water main. When the storm sewer was constructed it was found the water main was located below the elevation shown on the plans and had to be relocated, or adjusted, to miss the storm sewer. Robert Alindei, Reg. Eng. E. A. Rathbun, Reg.Suru. Win. E. Price, Reg. Eng. Cary R.Harris,Reg. Sum. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen, Reg. Eng. Win,K.Alever,Reg.Eng. H. William Rogers, Reg. Suru. Bruce A. Palerson. Reg. Eng. Alan E. Rathbun, Reg. Eng. } L To: City of Shakopee 1 Re: Improvement 76-2 May 24,1978 Page 2 of 2 It is difficult to say at this time what the actual reason for the conflict because no ground measurements were taken at the time of construction. It appears that one of two conditions could have occurred to cause our assump- tions to be wrong. One would be that the water main was not 7.5 feet deep either at the time of construction or from subsequent changes in the ground surface. The other would be that our field measurements were wrong or that no ground measurment was taken right over the water main and that the profile at the main is an interpolation between field measurements. It should be realized, however, that if the actual elevation of the water main had been known at the time of designing the storm sewer, the main would have had to be relocated to miss the storm sewer. The difference would have been that the relocation would have been part of the contract at a bid unit price instead of a Change Order to the contract. The contract includes only a provision for relocating 6" water main since the conflict between the 10" water main and the storm sewer was not anticipated. The cost of the water main relocation was included in Change Order No. 2, along with a hydrant and service line relocation since the items were not in the original contract. If there are any questions regarding this matter, please contact us. Sincerely, SUBURBAN ENGINEERING,INC. Dan P. Johnson Engineer cc: Chet Harrison DPJ/lh REalVfD MAY 2 CITY OF SHAKOPEE 1 r JULIUS A.GOLLER, II JULIUS A.COLLF R ATTORNEY AT I-A 612-445-1244 859-1940 2 1 1 WEST F I R S T A V E N U E SHAKOPEE, NIINNESOTA 553ZO May 12, 1978 Mr. Douglas Reeder, City Administrator Shakopee City Hall Shakopee, Minnesota 55379 Dear Doug: I have looked over the proposed Law Inforcement Mutual Aid Pact. As long as it covers mutual aid in law enforcmeent" all of its aspects and is not limited to X/arcotic investigation, I think the idea is good as far as it goes. It does not include any fire fighting aid, but this is covered by separate agreements and the county, of course, has no;„ fire fighting facilities. However, I do think that the police department probably would have some input as well as the Council. Very truly yours, Julius A.aColler, II JAC/bpm City Attorney t City of Shakopee 9x POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 t. I rn M Date: May 15, 1978 To: Doug Reeder, City Administrator From.: John DuBois, Assistant Chief of Police Topic: Mutual Aid Pact with Scott County Dear Doug: I support the mutual aid pact with Scott County, as we currently have mutual aid with the surrounding com- munities of Chaska, Eden Prairie, Prior Lake, and Savage. I, in particular, support the mutual aid with Scott County as we are requested to handle many calls for the Scott County Sheriff in Jackson Township when they do not have a squad car near to take the call. Due to the recent problems that the Police Depart- ment of the City of Shakopee has experienced with a Jackson Township Official, at our last department meeting on May 11 , 1978 , I instructed Shakopee Police Officers to answer only emergency calls in Jackson Township where a person' s life or their safety is being threatened by another person or situation. Shakopee Police Officers will no longer handle calls that are routine and not of an emergency nature in Jackson Township. This directive will remain enforced until we have a mutual aid pact with the Scott County Sheriff ' s Department. r Jo�h J, uBois A,'sist nt Chief of Police f JJD:dmh 90 eSe¢ve 'sro �zoEeeE CITY OF SHAKOPEE JIM 4 129 East First Avenue, Shakopee, Minnesota 55379 MEMO Julius A. Ccller, City Attorney TO: o.-John Dubois , Asst . City Police Chief FROM: Douglas S. Reeder SUBJECT: May 10, 1 9 7 S DATE: Law Enforcement Nii ual Aid Pact Please give me your thoughts on this proposal . I will wait for your reaction before I go to the City Council . DSR/jsc JVOTT COUNTY COURT HOUSE - RM. 207 - SHAKOPEE,.MN;--:55379 (E 12) 445-7750 VIC DENNIS PATRICK MORIARTY Ham ASSISTANTS SCOTT COUNTY ATTORNEY pp p • �� 1J78 MICHAEL w BURG LONG MEMORANDU R. KATHLEEN MORRIS — •� 06 SMKOPEE TO: Law Enforcement Administrators, Municipal officers Alh County Board of Commissioners FROM: Scott County Attorney' s Office Dennis Patrick Moriarty RE: Law Enforcement Mutual Aid Pact DATE: May 5, 1978 Enclosed you will find a copy of a proposed Mutual Aid Pact for the various law enforcement jurisdictions in Scott County. This docu- ment was prepared by our office at the request of law enforcement personnel, and is designed to alleviate their concern about potential liability exposure while performing duties outside their respective jurisdiction in extraordinary situations. In addition, it creates a resource bank which can be drawn upon by smaller law enforcement agencies when additional manpower and equipment is needed to investigate narcotics crimes within Scott County. This pact is being directed to your attention to determine whether or not there is sufficient interest in the proposal to merit further action. The proposal should be carefully examined by each municipality and reviewed by their legal counsel to identify the advan- tages and disadvantages of participating in the pact. We would ask that you contact this office following this reviewal process and indicate whether or not the proposal is acceptable to your jurisdiction or, if not, what modifications would make it acceptable. Upon request, we would be happy to address your local governing body and give our impressions '•� ,rti'.+ .•L 1. Scott County Is An Equal Opportunity Employer Law Enforcement Administrators , Municipal Officers and County Board of Commissioners Page 2 May 5, 1978 on the impact of this agreement on Scott County law enforcement. If a positive response is received from enough local jurisdic- tions, we will prepare a final draft, incorporating the requested modifications, and present it to the County Board of Commissioners and each local governing body for their consideration and approval. LAW ENFORCEMENT MUTUAL AID PACT I. STATEMENT OF GENERAL PURPOSE The principle objective of this Law Enforcement Hutual Aid Pact is to provide a means by which one Scott County law enforcement agency can draw upon the personnel and resources of any other law enforcement agency within Scott County when an extraordinary situation develops or when the prompt and effective enforcement of the law requires such cooperation. The acceptance and execution of this Pact will assure law enforcement personnel that when they are responding to a request for assistance by another party, outside the scope of their respective jurisdiction, but within the scope of the Law Enforcement Mutual Aid Pact, they are fulfilling a condition of their respective employment with all of the rights, privileges and responsibilities attendant thereto. A second objective of this Law Enforcement Mutual Aid Pact is to facilitate the investigation and arrest of narcotic traffickers within Scott County. It has been well established that narcotics crimes are not confined to a particular jurisdiction within a county. In addition, the violation of a narcotics law in one jurisdiction frequently has ramifications in adjacent jurisdictions. By the nature of this type of crime, a successful investigation and prosecution of narcotics law violations requiressubstantial time, manpower, and resources which is frequently unavailable to individual law enforce- ment agencies. However, a cooperative effort by the participating law enforcement agencies will afford each party the opportunity to dedicate sufficient manpower and resources to a particular narcotics investigation. This agreement is made pursuant to Minnesota Statutes, Section 471 ,59. H. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1 . "Party" means a governmental unit which is a party of this agreement. Subd. 21. "Eligible Party" means a governmental unit which is entitled to become a party to this agreement, at its own option. The eligible parties are the City of Shakopee, Jordan, Belle Plaine, New Prague, Prior Lake and Savage and the County of Scott, all of the State of Minnesota. Subd. 31. "Requesting Authoritv" means the Chiefs of Police of Shakopee, Jordan, New Prague, Prior Lake, Savage, the Police Commissioner of the City of Belle Plaine, and the Sheriff of Scott County or their respective designees. Subd. 4. "Responding Authority" is the Chief, Police Commissioner, Sheriff or their designee of the above identified entities authorized to determine whether and to what extent that agency should provide law enforcement assistance to a requesting party. Subd. 5. "Assistance" includes manpower and/or resources available to the responding agency. Subd. 6. "Requesting Party" means an authorized party which requests assistance from other parties. Subd. 7. "Responding Party" means an authorized party which provides assistance to an authorized requesting party. III. PARTIES The parties to this agreement shall consist of the cities of Shakopee, Jordan, Belle Plaine, New Prague, Prior Lake and Savage alone, with the County of Scott, who through resolutions adopted by their respective governing bodies, have identified their participation in this Law Enforcement Mutual Aid Pact. Upon adoption of such resolution by an eligible party, an executed copy of this agreement shall be sent to the Mayors of the participating cities and the Scott County Administrator. This agreement shall become operative, and shall continue in full force and effect until withdrawn as hereinafter provided. IV. PROCEDURE Subd. 1 . Each party shall designate, and keep on file with the City Clerks and County Administrator the name of the individual or individuals designated by that party to be the requesting authority and responding authority. The same individual or individuals may be requesting authorities and responding authorities. Subd. 2. Whenever, in the opinion of a requesting authority, there is an emergency or a need or desire to conduct a narcotics investigation requiring additional manpower and/or resources, the requesting authority shall contact the responding authority of any other party under the terms of this Law Enforcement Mutual Aid Pact for manpower and/or resources assistance within the jurisdiction of the requesting authority. Subd. 3. Upon the receipt of a request for assistance from a party hereto, the responding authority for any other party may authorize and direct the use of personnel and available resources to provide assistance to the requesting authority. Whether the responding authority shall provide such assistance to the requesting authority and, f� if So, to what extent such assistance shall be provided, shall be determined solely by the responding authority, subject to such supervision and direction as may be required within the governmental jurisdiction by which he is employed. Failure to Provide assistance shall not result in any liability to any party. Subd. 4. When a responding party provides assistance under the terms of this agreement, it may in turn request assistance from other parties to this agreement as "backup" during the time that the responding party is providing assistance outside its jurisdictional boundaries. Subd. S. Whenever a responding party has provided assistance to a requesting party, the responding authority may at any time recall such assistance or any party thereof if the responding authority deems same to be necessary. Subd. 6. When a responding party, under the terms of this Law Enforcement Mutual Aid Pact, provides law enforcement personnel to a requesting party, said personnel shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the workman's compensation of the responding party; shall otherwise be deemed to be performing their regular duties for the responding party. Subd. 7. A responding party shall be responsible for its own personnel , equipment, supplies and other resources. A responding party shall be primarily responsible for injuries or death to any personnel under the direction and control of the responding party and for damage to any equipment or supplies or other resources belonging to the responding party the same as though the assistance was being provided within the juris- dictional boundaries of the responding party. Subd, 8. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party. The responding party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. Subd. 9. The requesting party may, at any time, terminate the request for assistance by orally indicating same to the responding party and the rights and responsibilities of the responding party hereunder shall immediately cease. Subd. 10. The law enforcement administrator of the requesting jurisdiction shall forward written documentation of the request specifying the date, time, purpose of the request and the manpower and/or resources requested at the earliest practicable date following the request. Subd. 11 . It shall be the responsibility of each law enforcement administrator of parties to fully appraise the participating personnel of the procedures, conditions and limitations under this Law Enforcement Mutual Aid Pact, as well as any subsequent amend- ' ments hereto. V. WITHDRAWAL AND TERMINATION Each party hereto shall be bound by the terms and conditions of this Law Enforcement Mutual Aid Pact until it withdraws by resolution of its respective Council . The withdrawal of one or more parties shall not affect this Law Enforcement Mutual Aid Pact as it relates to those parties not so withdrawn. Any party may withdraw at any time with thirty (30) days prior written notice to all other parties. The City Clerks and/or County Administra- tor shall , give notice of such withdrawal , and the effective date thereof, to the other parties, as hereinbefore provided. IN TESTIMONY VIHEREOF, the parties hereto have caused these presents to be executed in their respective corporate names this day of lg (The final draft will have appropriate signature lines for each party to this agreement). PROPOSAL Prepared for CITY OF SHAKOPEE 129 East 1st Avenue Shakopee, Minnesota 55379 (At the Request of City Clerk - Doug Reeder) INTERPERSONAL SKILLS (IPS) A Seminar Designed for Performance Improvement BOB FLYNN WILSON LEARNING MIDWEST 6973 Washington Avenue So. Edina, Minnesota May 30, 1978 WILSON LEARNING CORPORATION / 6950 WASHINGTON AVE. SO. / EDEN PRAIRIE, MINNESOTA 55,344 / (612)944 ?,qRiI i Page One INTERPERSONAL SKILLS WORKSHOP It is our understanding that the city of Shakopee is interested in improving the interpersonal skills of your public contact personnel , particularly the building inspector, assessors and others likely to encounter conflict situations. Because of the behavioral science research and design work we have been involved in for the last 10 years, we have a number of pre-designed options to offer you. After studying your needs and goals, it seems that we have one program that appears to fulfill your needs. It is titled "Interpersonal Skills". Let's take a look at what it is, what the behavioral objectives are and how we accomplish them. What Is It? Interpersonal Skills is an intensive multi-media course in human relations. It uses various learning models and is designed to meet the interpersonal skills training needs of your employees. Those needs are dealt with as they apply to the dialogues between employee and contractors, employee and property owner, employee and the public at large, as well as intra-office communication. The concepts and language of the course are down-to-earth, understandable and exciting. The overall philosophy of the program is that we can change to become more effective in dealing with ourselves and others. NILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. /EDEN PRAIRIE,MINNESOTA 55343/ (612) 944-2880 Page Two What Are The Goals? The course sets the following objectives for each participant: o To give employees a "new language" to better relate to each others problems and actions. o To give employees a greater awareness of the public' s needs, feelings, and motives so they can work with them more smoothly. o To understand interpersonal stress and tension better, and deal with each situation with a "win-win" philosophy for everyone involved. o To recognize and understand the six types of defensive behavior and to learn how to deal with them. o To improve listening skills. o To become more aware of the reality and necessity of change. To recognize change and ways to grow with it, rather than being frightened by it. (Fight/Flight). o Critique of the process for continuing self-development. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. /EDEN PRAIRIE,MINNESOTA 55343/ (612) 944-2880 Page Four Summary of Learning Methods Used o Reading - Study Guides o Listening - audio cassettes o Seeing - illustrations on color video cassettes o Discussion - sharing of ideas o Group Problem Solving - inclass exercises o Role-playing - inclass practice sessions o Feedback - real-world feedback during reinforcement sessions. A Coca Cola study indicates that we retain 16% of what we read, 20% of what we view, 30% of what we hear, 50% of what we view and hear, 70% of what we view, hear, and respond to; and 90% of what we read, hear, view and respond to. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. / EDEN PRAIRIE,MINNESOTA 55343/ (612) 944-2880 {F is r Page Five What' s The Payoff? 1) Improved human relations skills. 2) Prepare contact personnel to understand and better deal with high tension situations. 3) Build a team approach to giving services. 4) Improved service to the public. 5) Enhance intra-office and interoffice communications. 6) Improved employee morale. 7) Help reduce tension, and thereby make employees more comfortable and productive. 8) Create a better public image by reducing friction. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. / EDEN PRAIRIE,MINNESOTA 55343/ (612) 944-2880 Y i C ^ Page Six Who Is Using I. P. S.? Originally I. P. S. was funded by and developed for the Ford Motor Co. Customer Service Division. I. P. S. was seen as reinforcement of their "No unhappy owners" program. To date we have trained over 8,000 Ford Motor Co. employees and dealers service personnel . We have used this prgoam to train the entire city of Vail , Colorado including police, firemen, garbage collectors, hotel clerks, waiters and city officials. It is also the basis for all personnel training at ValleyFair. We have customized versions for all the following industries: ( ) *Healthcare *Banking *Ski Resorts *Heavy Equipment *Auto Dealerships *Hospitality *General Business *Theme Amusement Parks *Airlines If you would like to talk to any local or national companies that have implemented this unique program, we will be happy to provide you with their names and phone numbers. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. / EDEN PRAIRIE,MINNESOTA 55343/ (612) 944-2880 Page Seven BUDGET PAGE Number of Participants *Tuition Open seminar at WLC $150. 00 16 - 19 $135.00 20 - 24 $125.00 25 - 34 $122. 50 35+ $120.00 Tuition includes vinyl notebook, Study Kit (three audio tapes, 70 page workbook, pocket card) , handouts, graduation certificate and ceremony, champagne glass imprinted with "I like me best when I 'm with you". A certified instructor will conduct the class and Wilson Learning will provide all audio visual equipment, including video player and monitor, if necessary. City of Shakopee to provide classroom space and coffee and lunches if appropriate. Another option to be considered for certain key public contact and management personnel is Managing Interpersonal Relationships (MIR). MIR is a 16-hour seminar dealing with a concept called Social Style. Social Style gives participants a very sophisticated tool by which they can better judge their own behavior and that of others. By using that tool they can more often prevent, or reduce tension situations to get the job done most efficiently, and calmly. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. / EDEN PRAIRIE, MINNESOTA 65343/ (612) 944-2880 i IT Page Eight l MIR sssions are held regularly at Wilson Learning facilities in Eden Prairie. Individual tuition is $325. 00 on which includes computer social style profiles, 16 hours of class work, and follow-up workbooks and audio tapes. (For a closed MIR session with 16 or more participants -- tuition is $295. 00 each. ) I look forward to your response to our material. I hope our success fis- iK helping organizations become more efficient and comfortable and will soon be extended to the city of Shakopee. For any information, please contact me Bob Flynn or Bob Bragg at Wilson Learning Midwest -- 944-3150. WILSON LEARNING CORPORATION /6950 WASHINGTON AVE. SO. /EDEN PRAIRIE, MINNESOTA 55343/ (612) 944-2880 M E M 0 TO: Douglas S . Reeder, City Administrator FROM: Jim Karkanen, Public Works Superiatendant RE: Wood Chipper bid letting date DATE: May 31 , 1978 Could you have a bid letting date set by the Council toward the end of July for the wood chipper which we have budgeted for in the Capital Equipment Budget for 1978 . I am in the process of drafting specifications for this unit and I should have them completed in several weeks . (I am waiting for some information from several manufacturers . ) We have been using a chipper that belongs to S .P .U.C . and that machine is being used quite alot with the Dutch Elm problem we have experienced the past several seasons . They haven' t been billing us for using the chipper but I suspect that will end shortly . Last year we chipped approximately 240 trees on public property, and also chipped approximately 50 private trees on our curbside pickup policy inaugerated last year . These figures are about triple the number of diseased trees we had in 1976 . The state tells us that we could probably double the 1977 totals for a projected 1978 estimate of diseased trees for our area . We were hoping that the county would start a countywide chipping operation but they haven' t found a site yet . I feel that if the county does get a chipping operation started, we would still have to chip the small limbs and branches on removed trees in order to reduce the size and number of loads that would be hauled to the county site . The haul distance to the county site would be anywhere up to 10-12 miles . The chipper would also be used for our trimming program in the fall of the year as well as diseased tree control . The chipper that we ' re writing specifications on would have the same size chipper drum as the S .P.U.C . but would have a larger engine to enable us to chip limbs up to 6" in diameter . The rest of the tree would be hauled to the burning site or county chipping site by truck. We budgeted $7200. for the chipper for 1978, and I think we can still obtain a chipper under that price . JK/ji ' 9C-) TO: Douglas S . Reeder, City Administrator FROM: Fredric E. Christiansen, City Treasurer RE: Payment of Interest on Certificates of Indebtedness DATE: June 1 , 1978 The interest payment on the Certificates of Indebtedness is due June 15 , 1978 .. This date is before the council meeting that you normally approve bills at . The Council should approve payment of the interest due at the June 6th meeting. Action required : Approve payment of $5 ,000.00 to First National Bank of Shakopee for the interest due of the Certificates of Indebtedness . FEC :meh COMPARISON OF TWO LOW BIDS ON HEALTH & LIFE INSURANCE Western Life Banker ' s Life Agent : Hillard Bachman Don Monnens, Dallas Capesius Health Coverage : $3 ,017 . 83/month $2 , 747 .42/month Life Insurance($10,000) $128. 70/month $101 .40/month Dep . Life ( $1 ,000) $13 . 16/month $20. 16/month A D & D 70. 20/month 58 . 50/month Longterm Disability (180 day wait) 257 . 20/month 234. 39/month $3 ,487 .09/month $3 , 161 .87/month Premium Discount 13% None Net Premium $3 ,033 . 77/month $3, 161 .87/month Coverage Room rates : Full semi-private ; add ' 1 $90/day, add ' 1 room costs private room cost at to major medical expense of employee Supplemental Accidental : $300.00 per accident $500 .00 per accident Diagnostic X-ray & Laboratory: None , all to major $100.00, balance to medical major medical Major Medical Deductible : $100 .00/person $100.00/person $300.00/family $200.00/family Major Medical Maximum: $1 ,000,000.00 Unlimited Co-Insurance 80% of $5 ,000 after 80% of $2 ,000 after deduction then 100% deduction then 100% Maximum Yrly Cost for 1 person: $1 , 100.00 $500.00 Total Max . Yrly Cost per Family $2 ,000.00 The Western Life coverage pays the first $2 , 500 of hospital expenses (room, operating room, everything charged by the hospital except the TV) . All other costs (physician' s fees, surgeon' s fees , etc . ) fall under major medical . Once the $100 deductible is satisfied, then coverage is 80% up to $5 ,000 of covered charges, then 100% coverage . . !I The Banker ' s Life coverage has a surgical schedule that provides a set amount that is covered for specific costs ($300.00 for an appendix) . Additional surgeon' s fees over $300.00 wculd be covered by major medical . For example , if a surgeon charged $500 for an appendectomy, Banker' s Life would pay $380.00 ( $300.00 surgical schedule , $100.00 deductible , 80% of remaining $100) . This assumes that the $100 deductible has not been sat- isfied by other expenses . The Western Life coverage would be $320.00 (100% deductible , then 80% of remaining $400.00) . Cost for single , coverage : $35 .61/month $39 . 21/month Cost for single & dependent coverage : $94.38/month $97 .52/month The City pays $70/month towards the cost of coverage for all employees except the patrolmen who receive $75/month. M E M 0 TO: Mr. Douglas Reeder, City Administrator FROM: Jim Karkanen, Public Works Superinteadant RE: Sickle Mower Purchase DATE: May 30, 1978 I would like to point out several reasons for trading off our 1957 John Deere sickle mower tractor . The machine needs an engine overhaul and is generally considered too small for some of the extra duties which could be assigned that tractor. The tractor does not have a 3-point hitch, and the engine is too small to handle our PTO driven snowblower for cleaning hockey rinks and sidewalks . The model #47 sickle mower is so antiquated that the manufacturer does not make them anymore — We tried to obtain other manufacturers ' model to hang under the tractor, but they wouldn' t fit because of the Tractor' s unique low- profile undercarriage . Also, the hydraulic system is not big enough to handle a hydraulic mower. We had budgeted and opened bids for this tractor replacement in 1973, but we were forced to reject the bids because we had lost our funding. The rejected low bid for this com- parable tractor was approximately $8,000. The current price of this comparable tractor is approximately $14,000. While looking for used tractors , we asked for machines in the 38 to 50 horsepower class in order to accomodate our snowblower, pull our roller, shave ice, landscape and power a post hole auger if needed . The machine should be a low-profile type tractor/mower to work on slopes and ditches . The sickle mower is better for hanging over slopes and ditches than a flail mower because generally it ' s much safer to drive alongside of your slope and cut than drive on top of your work especially in rough terrain. Incidentally, this tractor would be able to handle a flail mower, if need be , because it has a 3 point hitch . We are recommending the purchase of the Model #300 John Deere Tractor/Mower for the following reasons : 11 It has a little over 2300 hours on it which can account for its good condition. It was previously owned by a golf course . 2 ] The engine is a 43 horsepower, which would be big enough to power a snowblower, post hole auger, ice shaver or pull our 9 ton wobble wheel roller and vibratory packer . 31 The transmission is an 8 speed forward, 2 speed reverse with a hydraulic power shuttle which enables the operator to reverse the transmission without clutching. This is a tremendous assist to snow- blowing because you don' t lose RPM' s while changing directions on a snow windrow. (Our Model 404 IH Tractor needs a clutch every other year because of snowblower use) . 41 The Model #300 is equipped with a cab for all weather use . Memo from Jim Karkanen Page 2 It is also a low-profile, wide axle tractor which makes it much safer to work on slopes and rough terrain. 51 The sickle mower for this tractor is a new unit with parts . available nearby. It is our intention to mount the sickle mower on the tractor in our shop to save the shop charge that the dealer would charge . All of the other machines that we looked at were not in much better shape than the machine we have already. So, no trade-in was discussed with them. All of the machines needed a lot of work and I am sure that is why they were traded in by the original owners . Also, they were about the same vintage as our trade-in. We have had several major breakdowns with our mower unit the past several seasons, and we have spent alot of money rebuilding it every season. We have also wasted alot of time waiting for parts for a mower that isn' t manufactured any longer. We have begun our sickle mowing season already and so I am hoping the Council can act on this purchase on June 6th in order to mount the sickle and get it into service as soon as possible . JK/ji M E M O To: Douglas S. Reeder, City Administrator From: Nancy Engman, Administrative Assistant Subject: Major River Crossings Task Force Report Date: June 1, 1978 Attached is a copy of the "Findings and Recommendations" of the Task Force on Major River Crossings which will be forwarded to the Metropolitan Council ' s Transportation Advisory Board. The recommendations provide for construction of the #41 Bridge by 1990 and merely a locational study for an alternate bridge shomewhere in the vicinity of the current Co.Rd. 18 bridge. I believe the fact that County Rd. 18 is not a port of the Metropolitan Highway System hurt that bridge in the selection process used by this Task Force for priority rankings. NE:plk Jf4ff - 'S-/� t IV SUMMARY OF RECOMMENDATIONS The complete set of recommendations with explanations for the directions taken by the Major River Crossings Task Force are listed in the last chapter of this report entitled "Findings and Recommendations", pp . Recommendation 1 The Task Force, during its decision making process , elimi- nated 25 of the 40 Metropolitan Area river bridges from final consideration in its priority ranking process . The 15 remaining bridges were grouped into six corridors . The Task Force then priority ranked these six corridors as listed in the chart below. The specific corridor recommendations listed by short range , intermediate range, and long range actions include : Short Range Intermediate Range Long Range Bridge Corridor (before 1983) (1983 -_1990)__ (post 1990) I Minnesota River , TH 41-169 accelerate planning construct new bridge I-35W study bridge and connecting roads improve bridge CEAH 18 retain permit extend permit , if possible, until TH 41-169 is built Chaska-Burnsville conduct feasibility plan new bridge construct Corridor study for new new bridF bridge location II North Mississippi Northtown Crosstown accelerate planning construct new bridge I-694 study preferential plan improve- improve treatment ments , imple- bridge ment pref. treatment if warranted Short Range Intermediate Range Long Range Bridge Corridor (before 1983) (1983 - 1990) (post 1990) III Downtown St .Paul TH 49, High Bridge complete design reconstruct bridge MSAS 235 , Wabasha study improve as needed TH 52, Robert study improve as needed IV South St. Paul I-494, So.St.Paul monitor for future improve as needed capacity problems CSAH 38, St.Paul Pk.planning study construct new design bridge bridge V St. Croix River TH 212 , Stillwater complete planning complete design construct study as needed VI Minneapolis-St .Paul TH 212, Lake St . keep operational reconstruct bridge complete plan- ning and design Recommendation 2 The Task Force recommends the functional classification study be left to the established transportation planning process to under- take with the assistance of Mn/DOT as outlined in the policy position section of the draft Mn/DOT/PLAN. Recommendation 3 The Task Force recommends continued state bonding for a program of bridge replacement and construction. The Task Force further recommends that planning and design studies recommended above be carried out with reasonable speed and staking so that the Metropolitan Area can seek the maximum use of federal funds as they become available . Recommendation 4 Because the Task Force finds the major environmental issues to be very complex, it recommends that the consideration of the environmental impacts of bridge construction be deferred until. the Environmental Impact Statement process is completed. In the Burnsville-Shakopee corridor, a two-stage process is recommended. The first stage would be a location feasibility study for a bridge to replace CSAH 18 and the Savage bridges which would include preliminary environmental assessment. The second stage after location selection would be the development: of the full Environmental Impact Statement. Recommendation 5 The Major River Crossings Task Force recommends that all Metropolitan Area river bridge development proposals be reviewed for opportunities to provide preferential treatment for multi- occupancy vehicles and lead to better management of the Metropolitan Area' s transportation system. DRAFT : May 19 FINDINGS AND RECOMMENDATIONS The recommendations of the Major River Crossings Task Force to the Transportation Advisory Board are in direct response to the charge given the Task Force. Each specific charge is listed with the response(s) of the Task Force given below it. To examine aU existing and pnopoaed Metlwpot tan Area mafon AiveA ctcoz,6ingz and make necommendati,on6 to TAB on ptioAitiez 6orL couttucti.on and neco"ttuction . . . From the list of forty bridges, the Task Force eliminated those bridges which fall in the four groups following: I. Under construction: 6. TH 36, Cedar Avenue II. Scheduled for construction: 6A. I-494, Eagan 13. MSAS 197, Plymouth• 15. TH 8 Central - 3rd Avenue III. Committment to construction from interstate substitution funds: 12. CSAH 66, Broadway 14. CSAH 52, Hennepin IV. Structurally sound with no major congestion projected in 1990: 1. TH 41, Chaska 20. CSAH 5, Franklin 2. TH 169, Shakopee 22. CSAH 42, Ford Parkway 7. TH 55, Mendota 23. TH 5, Fort Snelling 8. TH 52, Anoka 24. I-35E, Lexington Avenue 10. MSAS 262, Camden 28. TH 3, Lafayette 11. CSAH 153, Lowry 29. I-494, South St. Paul*# 16. I-35W, Mississippi River 31. TH 61, Hastings 17. TH 36, 10th Avenue 32. TH 10, Prescott 18. TH 12, Washington Avenue 33. I-94, Hudson 19. I-94, Dartmouth -This refers to the one span which connects NicolletIsland to S . Minneapolis . -* *I-494 has been assumed as not having serious congestion problems in 1990 due to a parallel assumption that the St. Paul Park bridge would still be open and able to handle 10,000+ trips per day. That is very optimistic and for' that reason I-494 has also been included in Corridor VI South St. Paul as a problem bridge and made the subject of a Task Force recommendation. Page 31 Revised DRAFT : May 19 The remaining bridges with deficiencies were then grouped into six corridors for purpose of further analysis . The corridors and bridges are listed below with findings relevant to each corridor and recommendations following : Corridor I , North Mississippi 8A. Northtown Crosstown 9 . I-694 Mississippi Corridor II , Minneapolis - St . Paul 21 . TH 212 , Lake Street-Marshall Ave . Corridor III , Downtown St . Paul 25 . TH 49 , High Bridge 26 . MSAS 235 ,Wabasha Street 27 . TH 52 , Robert Street Corridor IV, St . Croix River 34 . TH 212 , Stillwater Corridor V, Minnesota River (Cedar Avenue and West) 1A. TH 41-169 , Jackson-Chaska 3 . CSAH 18 , Bloomington Ferry 3A. Hennepin Co . 18 , High Level 4 . CSAH 34 , Savage 4A. Savage Replacement 5 . I-35W, Burnsville Corridor VI , South St . Paul 24. I-494, South St . Paul 3p. TH 38 , St . Paul Park Page 32. Revised Corridor I - North Mississippi ��d I-694 - Northtown Crosstown Findings : That this is one of two top priority corridors in the Metropolitan area. It contains the second ranked existing and second ranked proposed bridges in Table III. Overall vehicle trip demand in the corridor is forecast to more than double the current travel using I-694. Severe congestion will occur without the Northtown Crosstown. The Task Force also found that improve- ments to TH 169 between the two routes has a heavy bearing on solutions in the corridor. Recommendations . Because of the current and projected demands in this corridor, the Task Force recommends that the planning for the Northtown Crosstown bridge and TH 169 be accelerated so that construction may be completed as soon as possible . The I-694 Mississippi River will need and TH 52 , Anoka bridges may need improvement but this should occur aster the Northtown Crosstown bridge is open to traffic and able to handle detour traffic during construction. Corridor II Minneapolis-St. Paul Findings : This corridor which extends southerly from the University Area to about the Highland Park Area in St. Paul contains five bridges across the Mississippi River that link St. Paul and Minneapolis . Four of these bridges , TH 12 - Washington Avenue, I-94 Dartmouth Avenue, CSAHS Franklin Avenue acid CSAH42 - Ford Parkway are in good condition structurally and are not forecast to experience major congestion by 1990. -- Page 33 Revised The remaining bridge , TH 212 Lake Street-Marshall Avenue, ' is ,) • known to have structur8i deficiencies which will require recon- struction of the bridge and it is an important bridge in the corridor and serves a number of bus routes . Recommendations : The Lake Street-Marshall Avenue bridge should be kept open to traffic . Reconstruction of the bridge should be deferred until the 1983-1990 time period if practical . Corridor III Downtown St . Paul Findings : This corridor which includes the TH Lafayette bridge , MSAS 235 Wabasha, TH 56 Robert , and TH 49 High Bridge , was found to be next in priority after the North Mississippi and Minnesota corridors . Demarfd is forecast to increase only slightly through the corridor . The real problems are with Sfir ,ic'��c'dl deficiencies on the High, Wabasha and Robert Street bridges . The High Bridge is among the worst bridges in the Metropolitan Area based on condition; it is currently restricted to a three- ton load limit . Reco« endations : The Task Force recommends that the design and construction of the High Bridge be completed. It also recommends that the MSAS 235 , Wabasha and TH 52 , Robert Street bridges undergo study and be improved as needed. 3 v E,19 Corridor IV St. Croix River Findings : This corridor that extends from Stillwater to Prescott along the St . Croix River contains three bridges that link Minnesota to the State of Wisconsin. The I-94 bridges at Hudson are structurally sound and are not projected to have major congestion by 1990 . The TH 212 - Stillwater bridge is forecast to have a major capacity deficiency by 1990 . The rebuilding of this bridge will be accomplished through a bi-state arrangement with Wisconsin. The TH 10 - Prescott bridge , although a low priority for this metropolitan area, is proposed for reconstruction with Wisconsin as the lead agency. This is a high priority project for the State of Wisconsin. Recommendations : The construction of a new Stillwater bridge , although needed to provide relief from major capacity deficiencies expected by 1990 , is not as high a priority as several other improvements . Mn/DOT should be encouraged to continue to work with the State of Wisconsin tq develop a mutually acceptable schedule for construction. The proposed TH 10 - Prescott bridge which is more important to Wisconsin than this Metropolitan Area should be supported in acknowledgement of the investment to date by both states in develop- ing the project . p3S �E� 1.s'Eo a►^d Corridor V Minnesota River s Avenue^Wet) Findings : That this is one of the two top priority corridors in the Metropolitan Area. The corridor contains the top ranked existing bridge and the third and fourth ranked proposed bridges . Overall Vehicle Trip demand in the corridor will increase by about 50 percent by 1990 exceeding current capacity even when the new Cedar Avenue bridge is open. Susceptibility to flooding is a major problem and two bridges , CSAH 18 and Savage are functionally and structurally obsolete with the Savage Bridge now closed to vehicles . Environmental concerns as well as access needs north to south through the portion of the corridor between Burnsville and Shakopee were among the most frequently discussed issues before the Task Force , especially in public testimony. A crossing in this area is required now and in the future . The costs to build long spans that will not flood make improvements across the Minnesota among the most costly in the Metropolitan Area. Of the proposed bridges , the rankings in Table III place the TH 41 - 169 Jackson-Chaska ahead of a high level bridge for CSAH 18 which is in turn ranked higher than the proposal to replace the Savage Bridge. Proposed bridges at TH 41-169 , Jackson-Chaska and CSAH 18 also have major implications on the larger systems to which they connect. Statewide connections for TH' s 212 and 169 must be considered for the TH 41-169 bridge . Metropolitan and local connections to the proposed Shakopee by-pass and to Hennepin County 18 north of I-494 must be considered for the CSAH 18 High Level Bridge . The former is currently part of the Metropolitan Highway System Plan for 1990. The latter is not. Corridor VI South St . Paul Findings : The CSAH 38 - St. Paul Park bridge has a serious structural deficiency that requires attention. Additionally this bridge is not open to highway traffic during periods when river traffic requires the bridge to be open. The I-494 South St . Paul bridge has no serious capacity deficiency forecast to 1990. Recommendations : That the I-494 South St. Paul bridge traffic should be closely monitored to determine when future capacity problems will exist . That a feasibility study be undertaken to determine a new alignment of the CSAH 38 St . Paul Park bridge and a construction schedule developed. Page 37 Revised T � Recommendations : The Task Force recommends that TH 41-169 , Jackson-Chaska bridge be planned and built as soon as possible . This means it should now be added to the program element of the Mn/DOT/PLAN. The opening of this bridge needs to be expedited to tie in with the already programmed new alignment of TH 169-212 and to show progress and provide support to why the U. S . Coast Guard should be encouraged to extend the six-year permit for the temporary Bloom- ington Ferry bridge . Extensive study should be made to determine a stable future bridge location between Shakopee and Burnsville. CSAH 18 ranked higher than the Savage replacement bridge, but the Task Force recognizes the environmental concerns which have been expressed toward this location. Scott and Hennepin counties should determine which of these two locations should be the site for a new bridge . Sufficient funds should be provided to do a location T H f Vtn A feasibility study because it has emerged from that a crossing will be important in the future. However, it was made clear that this was not to be an EIS at this time . The Task Force recommends that funds be found to conduct this high priority study. Mn/DOT should continue studies and develop a financial plan to provide for additional capacity to the I-35W bridge including definition of appropriate roadway connections Av p CONSta024TiGN OF d#W' 4FNTlAl t4iCj:: /TmFNT' f02 rYI446ti - CC4 u,0'*We�) ✓Ct/Il6Lt Page _V Revised Special Recommendation: The Major River Crossings Task Force recommends that all Metropolitan Area river bridge development proposals be reviewed for opportunities to provide preferential treatment for multi- occupancy vehicles which will lead to better management of the Metropolitan Area ' s transportation system. TO EXAMINE THE FUNCTIONAL CLASSIFICATION SYSTEM OF THE ROAD- WAYS UPON WHICH THE BRIDGES ARE LOCATED AND MAKE RECOMMENDATIONS . . . The Task Force decided in its deliberations on bridge rankings to recommend functional classification changes only if a recommenda- tion makes it significant . The recommendations do not necessitate such a change . Therefore , the Task Force feels the functional classification system study is best left to the established trans- portation planning process to undertake with the assistance of Mn/DOT as outlined in the policy position section of the draft Mn/DOT/PLAN. TO EXAMINE THE AVAILABILITY OF FUNDING AND CONSIDER IT IN DEVELOPING PRIORITIES AND TO RECOMMEND ALTERNATIVE WAYS OF FUNDING . . . AND SUGGEST NEW RESOURCES . . . The Task Force feels that by establishing bridge priorities and staging construction, the anticipated funding crisis may be alleviated. Affected jurisdictions should monitor bridge needs and funding availability and seek the maximum use of+ stak bridge bending federal funds . Bridge studies should be accelerated so that when funding is available, the affected jurisdictions can progress the project in keeping with the priorities recommended by the Task Force. Page 3q Revised jj/� r From a regional perspective, the Mn/DOT and Metropolitan Council should carefully coordinate staging strategies . TO CONSIDER THE ENVIRONMENTAL IMPACI' OF BRIDGES . The Tdsk Force concluded after discussing the environmental issues brought forth in the public meetings that the environmental impact cannot be properly assessed prior to the completion of the EIS . The Task Force was therefore limited in considering this factor in all its recommendations . Since an EIS is necessary Th!►K prior to constructing all new river crossings , the Aforce recommends that this charge not be addressed at this time . l aa.J 605 Erie Street SE Minneapolis, MK 55414 May 7, 1978 Mr. Douglas Reeder City Administrator City of Shakopee 129 East First Street Shakopee, Minnesota Dear Mr. Reeder: As a July, 1978 graduate of Civil Engineering at the University of Minnesota, I would like to apply for the position of Assistant City Engineer. for the City of Shakopee. I feel that I will be able to crake a significant contribution to the Engineering Department and the City of Shakopee. I believe that my educational background and past experience with the City of Shakopee qualifies myself for the position of Assistant City Engineer. I will be glad to make myself available for an interview at any time to your convenience. Sincerely yours, 9 ter, W . S— /1-ti -1.1 Jon W. Erichson Enclosure k (�eSurne o f' cJOn [ric�l5o� t S -e cG ra+eI Oa{ e cZ,,+CL . SP x /� May 26, 1978 Mn. Dougta6 Reede4 City Admi.ni.6 t4a ton City o4 Shakopee 129 E. Hut Shakopee, Mn 55379 Dean Mn. Reeden: Ptea6e accept my ne6.ignati..on ad Recep.ti.oniAt to the City o4 Shakopee, e44eative June 9, 1978. Recent event6 have c a i4ied certain ztep6 and goat6 4o4 me which enabte6 me to make change6 that wi.0 better meet .the6e goat4 and et i.mina to my wonk.ing Thtou da y nigh t6. Thank you bon the opportunity to work with the people o6 Shakopee. It has been a ve4y wonthwhiee expe4i.ence. S.incenety, �f Joan E. Tngenz xsp N O R T H E R N S T A T E S P O W E R COMPANY MINNETONKA DIVISION EXCELSIOR. MINNESOTA 55331 ` BY THE WATERS OF MINNET-A" June 2, 1978 JON Honorable Mayor Walt Harbeck �F y 129 E. 1st Avenue Shakopee, Mn. 55379 Sir: With the approach of summer and the construction season, Northern States Power Company would like to alert you to a very serious and possibly dan- gerous problem. Many people are having swimming or wading pools installed on their property. These swimming or wading pools, both permanent or stor- able types, are often installed in violation of the National Electric Code. The 1978 National Electrical Code, Article 680.8 has changed the clearance requirements for utility owned overhead services over swimming pools. It now has the same requirements as the 1977 edition of the National Electri- cal Safety Code, Article 234-E. Both of the codes require a minimum clear- ance for utility owned overhead services. Our immediate concern involves the overhead services and the potential danger of: - Metal hoses used to vacuum clean the pool - Skimmer nets mounted on long metal poles - Long metal poles used with life saving equipment Any of these could accidentally come in contact with the electrical conductors and a dangerous short occur. We ask for the assistance of your community in trying to prevent a serious accident. When an application for a permit to install a swimming pool is received, would you call Northern States Power Company Consumer Services at 474-8881. A Cus- tomer Service Representative will meet with your inspector and the applicant to discuss the above requirements of the National Electric Code. Yours very truly, NORTHERN STATES POWER COMPANY By: R. G. Thomas General Manager Minnetonka Division cc: City Clerk To : SHAKOPEE CITY COUNCIL June 5 , 1978 FROM : SHAKOPEE PUBLIC UTILITIES COMMISSION ESTIMATE FOR TENNIS COURTS LIGHTING 2-COURTS NOW, PROVISIONS FOR 2-FUTURE MATERIAL : 4 Pbles $3 , 065 16 Fixtures 16 Lamps 1 Dist. Cab . w/Equip 1 , 972 2 Timer Assy 889 1 Tinier Cab . 200 2000 Feet #4, alum. wire 170 use 1000 Feet #12 Cu wire THW 20 250 Feet #4/0 use 275 15 Cu YD concrete 525 Paint , PVC Ells , Connectores , Tape , Etc . 325 TOTAL MATERIAL 7 , 441 LABOR: 30 hrs . Frame up concrete bases for poles & control box 300 30 hrs . Frame & wire poles , paint and set in place 300 12 hrs . Mount , wire , aim fixtures and install fuses 120 12 hrs . Mount control boxes , install equip. install timers wire switches , etc . 120 35 hrs . Trench in wire transf . to box,box to poles , tunnel blacktop, lay in wire 350 8 hrs . Install meter box and conduit 80 1 , 270 OVERHEAD @ 30% 381 1 , 651 TOTAL LABOR Equip Rental : 48 hrs . Truck 32 hr . x $10/hr . = 480 Pneuma-Gopher 180 660 Engineering , Testing 200 Total Rental 860 9 , 952 Subtotal 995 Contingencies 100 10 , 94,7 TOTAL oxita o� �o I IW. fI� h P �t'1'Iry (;1'L11c 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-635E May 26, 1978 TO: LOCAL GOVERNMENTAL AND SCHOOL DISTRICT OFFICIALS Attached is a draft of Local Plan and School Program Review Procedures that have been prepared by the Metropolitan Council. For the purpose of receiv- ing comments on these proposed procedures, the Metropolitan Council will hold a public hearing on Thursday, June 22, 1978, at 1:30 p.m. in the Metropolitan Council Chambers, 300 Metro Square Building, 7th and Robert Sts. , St. Paul. The Metropolitan Council i_s developing these procedures in accordance with the Metropolitan Land Planning Act (Minnesota Statutes 473.858 and 473.863) . The procedures, when adopted by the Metropolitan Council subsequently to the public hearing, will govern the Council's review of local comprehensive plans and school district capital improvement programs. Individuals and local units of government are encouraged to offer comments on the proposed procedures. Those requesting to speak at the public hearing may register in advance with the Council's public hearing coordinator at 291-6482 or at the back of the Council Chambers before the hearing. Those who register first will be scheduled to speak first. Written comments may also be submitted until July 7, 1978, 15 days following the hearing. Additional copies of the draft procedures are available free of charge from the Council's Public Information Office, 300 Metro Square Building, St. Paul 55101, telephone 291-6464. I hope you will be able to attend this hearing and offer your comments. Alternatively, I encourage you to send written comments to me. Sincerely, F�csl�� hn land Chairman An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County,)Carver County 0 Dakota County c, Hennepin County 0 Ramsey County 0 Soott County 0 Wv�*Wngtor `_;^?anty 5.15.78 PROPOSED LOCAL PLAN AND SCHOOL PROGRAM REVIEW PROCEDURE 1. AUTHORITY, SCOPE. Metropolitan Council review of local comprehensive plans and school district capital improve- ment programs prepared pursuant to the Metropolitan Land Planning Act is governed by Minn. Stat. $§473.858 and 473.863. The following procedure establishes more specific processing requirements for these reviews consistent with the procedural provisions contained in the Act. This procedure is adopted pursuant to authority contained in Minn. Stat. §473.854, and it will govern the con- duct of the comprehensive plan and capital improvement program reviews performed pursuant to the Metropolitan Land Planning Act. II. LOCAL COMPREHENSIVE PLANS. 2.1 The Metropolitan Council shall begin its review of the local comprehensive plan or amendment thereto prepared pursuant to the Metropolitan Land Planning Act on the receipt of a complete Review Request. 2.2 A Review Request shall contain: at least seven copies of the local comprehensive plan proposed for review; a written request for a Metropolitan Land Planning Act review from the mayor, board chairman, or other official making reference to the authorization for such a review; appropriate certification by a responsible official or administrator of the unit that the submitted plan has been: A. Reviewed and approved by the planning commission; B. Considered, but not approved, by the governing body; C. Submitted to all adjacent governmental units and affected school districts for review and comment at least six months prior to the submission of the plan to the Metropolitan Council. "Adjacent governmental unit" means any local governmental unit, and in the case of towns and municipalities, the county within which the submitting governmental unit lies. "Affected school district" means any school district whose jurisdiction includes, in whole or in part, the submitting govern- mental unit; D. Submitted to all adjacent governmental units and affected school districts when and as submitted to the Council. The Metropolitan Council needs aa4u4ance that the plan it is being asked to review is one which the planning commission has adopted and which the governing body, a6te4 modi- 6ication i6 necesaaAy, 6i.nds acceptable. It is pte6e44ed that the Letter transmitting the plan to the Councit include a copy o6 on te6etence to the aesotution by the govetni.ng body authorizing transmission o6 the document to the Council boa its review. A 6otm governing the mattetz set 6orth in 2.2 C and D shalt be paepaaed by the Metropolitan Council boa the local unit to complete. 16 possibte, the certification called boa here should be accompanied by copies o6 all relevant documents, such as the letteta o6 transmittal to adjacent and a66ected bodies and minutes o6 the planning commission and governing body o6 meetings relevant to the 4ubmittat ptocess. The tequeet that seven copies o6 the comprehensive plan be submitted is made simply boa 6acilitating Councit review. It is also tequeated that the ttanzmittat letter designate a local administrator of o56iciat to whom alt Council correspondence should be directed in connection with the Aeview. The pteteview requirements ate estabtiahed in Minn. Stat. Sec. 473.858. The aim o6 the tequitementa is to ensure that the Metropolitan Councit Aeview a document which the planning commission has adopted and 6oawatded to the city councit prior to its being adopted and put into e66ect. Review by adjacent and a6bected bodies is designed to 4u46ace any potentiat con6tict with theptans o6 adjacent units prioA to Councit review so that these con6licta, i6 any, can be reviewed and advizoty recommendations ptepated and adopted by the Metropolitan Councit to teconcite any paobtema. In addi- tion to adjacent government bodies and ab6ected school districts, it has been the Councit'a practice in the past to noti6y any other potentiatty a66ected government body o6 a plan aeview in process. These procedutes ate based on, but not expticitty set 6otth, in the Act. These ptocess tequitements ate o66e4ed in olden to avoid potential ptobtems and con6ticts. The state tequites that the Council per6otm its review o6 each tocat comprehensive plan within 120 days. This requitement necessitates 6ixing a date on which a Aeview commences. It is teazonabte and appropriate to establish the date o6 commencement at the point wheAe att ptetiminaAy Local requirements set 6otth in the Act have been completed. -3- IV. OPTIONAL REVIEW AND COMMENT A. Technical Adequacy and Completeness of Plan Elements B. Internal Consistency of Plan Elements V. CONCLUSION$ AND RECOMMENDATIONS A. Regarding Advisory Matters B. Regarding Mandatory Elements 2.8 After receiving comment from other staff members, the principal reviewer shall prepare a draft review report and have it reviewed by the comprehensive planning program manager, division directors and all other involved staff. As a draft staff product, this docu- ment shall not be a public document and will not be released to the public-or-local unit. Following staff preparation and review of the draft review report, and at least two weeks prior to transmittal to the Physical Development Committee, the final staff draft shall be sent to the local government for comment. 2.9 Comments from the submitting local government may be communicated in any manner to the principal staff reviewer upon receipt of the final staff draft. Staff shall attempt to resolve any disagreements with the local unit regarding the content of the report. Every attempt shall be made to ensure that the contents of a review report are accurate and presents an objective description and assessment of the local comprehensive plan. Local units may, in addition, submit a written statement regarding their position in relation to the report, and such statements shall be appended to the report that is transmitted to the Physical Development Committee if received in a timely manner. All significant changes in the review report shall be reviewed by the staff group specified at 2.8. 2.10 At least seven days prior to the expiration of the review, the review report shall be presented to the Physical Development Committee for its consideration. Notice of the Physical Development Committee's consideration of the review report shall be sent to the submitting unit and all adjacent local units and affected school districts. Council staff shall present the review report with discussion highlighting the major features and recommendations. The local governmental unit and other interested bodies and individuals shall be given opportunity to present comments to the committee concerning the review report and other relevant matters. 2.11 Following consideration of the review report, the Physical Development Committee shall act on the review report and transmit a recommendation to the Metropolitan Council. The Council shall consider and act upon the recommendation in accordance with existing procedure and authority. 2.12 Following Council action, the chairman of the Council shall transmit a copy of the Council's report, findings and recommendations to the local government and other individuals and bodies which have previously requested the same. In transmitting the report, the chairman shall explain any necessary processing requirements to be under- taken by the local unit following receipt of the Council's report. 2.13 In the event that the Council's action requires modification of a plan, the local unit shall submit to the Council a letter of acceptance of the modification accompanied by a description of how the modification will be incorporated in the final document. In addition, the local unit shall prepare the modification and submit the modified plan to the Council for review prior to adoption. The Council shall, within 30 days, review the plan as modified and shall approve or disapprove the modification. This process shall be repeated until the proposed local plan modification has been approved by the Council. In no event shall the time for the modification process exceed a period which would result in a conflict with the nine month period specified at Minn. Stat. §473.864, subd. 1, without express authorization having been granted by the Council pursuant to Minn. Stat. §473.869. 2.14 Where the Council's final decision regarding a local comprehensive plan requires a modification to the comprehensive plan, the submitting local governmental unit may, in the alternative, commence the appeal process set forth in Minn. $tat. 5473.866, pro- vided that the appeal is commenced within 60 days following the issuance of the Council's decision to require modification. 2.15 Local comprehensive plans for which no modification is required by the Council shall be adopted by the local governmental unit within nine months following the issuance of the Council's final decision as is specified in Minn. Stat. 5473.864. -4- 2.16 At any time prior to the Council's adopting a plan review report, the local govern- mental unit may withdraw the plan from review. Withdrawal may be accomplished by the submission to the Council of a letter of withdrawal from the mayor, board chairman, or other authorized official, making reference to the formal action by the governing body authorizing the withdrawal. Withdrawal of the plan shall be of the same effect as if the plan were never submitted to the Council for review. On resubmission, the Council shall have 120 days within which to perform its review of the resubmitted plan. III. SCHOOL DISTRICT CAPITAL IMPROVEMENT PROGRAM REVIEW 3.1 The procedure for reviewing school district capital improvement programs shall be the same as for reviewing local comprehensive plans with the following differences. 3.2 All references to the terms listed below should be changed as indicated: A. "Local comprehensive plan" or "plan" should be "school district capital improvement program" or "program"; B. "Local governmental unit" should be "school district"; C. "Mayor, board chairman" should be "chairman of the school board"; and D. "Governing body" should be "school board." 3.3 All projects within the following category shall be included in a capital improvement program prepared by a school district pursuant to Minn. Stat. 8473.863: any project involving the acquisition, betterment, construction, renovation, replacement, recon- struction or expansion of a school site, building or building addition owned or leased, in whole or in part, by the submitting school district and which will result in a total expenditure of more than $200,000 (including design, structure and attached fixtures) by the district, regardless of the amount to be spent on the project in any one budget year. This section is intended to ctani6y which phopo4ed ptojectz 4houtd be included in schoot di4thict capitat improvement paogAams. Minnesota Statutes 473.863 4e6e44 onty to "new schoot sited, buitdingd and buitding additions with a cost o6 mote than $200,000. TheAe was some question about whetheA the $200,000 amount Re6e44ed to the totat project cost on to a $200,000 expenditure in a given yeah. The Language o6 the statute .empties that $200,000 means totat project cost, 4egandte44 o6 the time period oven which the amount is spent. 3.4 A Review Request shall contain: at least seven copies of the capital improvement program proposed for review; a written request for a Metropolitan Land Planning Act review from the chairman of the school board or other authorized official citing authorization for such a review; appropriate certification by an appropriate official or administrator of the district that the submitted program has been: A. Considered, but not approved, by the school board, and B. Submitted to all local governmental units lying in whole or in part within the district and to adjacent districts at least nine months prior to the submission of the program to the Council. "Adjacent school district" means any school district which shares in any portion a boundary line with the submitting school district. The Metnopotitan Councit needs assurance that the pnognam it is being asked to Review is one which the school boated binds acceptable, and thus, one which is heady bon Councit review. It is pte6ented that the tetteA tnanamitting the ptan to the Councit inctude a copy o6 on Re6enence to the Rezotution o6 the school board authorizing ttansmission o6 the document to the Councit Got Review. A 6o4m governing the mattetz set 6o4th in 3.4 A and B ehatt be pnepaned by the Metnopotitan Councit 6oA the Achoot dizttict to complete. 16 possibte, the certification catted 6o4 here 4houtd be accompanied by copies o6 att Aetevant documents, such as the tetteta of tnansmittat to the tocat govetnments within the district and adjacent Achoot disttictz and the minutes 06 the Achoot board o6 meetings Retevant to the submittet pnoceds. TAanemittat tettets to governmentat units within the district and adjacent dchoot districts 4houtd state that Review and comments are Requested pursuant to Minnesota Statutes Sec. 473.863 and that the statute provides that they must comment within 40 days. The Request that seven copies o6 the capitat pnognam be submitted is 4impty to 6acititate Councit Review. It is also Requested that the tnan4mittat tetteA designate a district administratoR on o66iciat to whom att Councit connezpondence 4houtd be directed in connection with the Review. F35 The conclusions and recommendations of the report outlined in 2.8 will only include advisory comments to the school district. Sections 2.14 and 2.15 do not apply to school districts. The statute provides that the Council's review and comments neganding achoot di4ttictb capitat improvement pnognams ate advtsony onty; the Councit may not nequine modi6ica- tion o6 a capitat pnognam. Fon this heazon, those sections pettaintng to nequthed modi6ication4 have been deleted 6nom the achoot district capital pnog2am review pnocedune. 3.6 The school district shall adopt its capital improvement program after receipt and consideration of the Council's comments. IV. INFORMAL COMMENT PROCESS. Due to the complexities involved in the preparation of the comprehensive plans pursuant to the Metropolitan Land Planning Act, the Metropolitan Council proposes that an informal review process be established for purposes of providing advisory Council staff comment regarding compre- hensive plans. The purpose of informal plan consultations is to provide local governments with guidance and comment on the adequacy and possib;e consistencies/inconsistencies with Council policies. Informal reviews are not authorized expressly by law and shall not effect review authority and requirement contained in Minn. Stat. §473.175. Informal reviews shall be per- formed exclusively by Council staff, shall be general and advisory, as well as informal, in nature. Informal reviews will be performed only upon request by the preparing governmental unit, and requests should be transmitted to the system statement contact person on the Council staff. Reviews will be performed only if there is adequate staff time available; and due to the amount of review activity anticipated, it is advisable that interested units request staff involvement well before the end of the three-year planning period. Informal staff consultations shall, as appropriate, consist of reviewing the content adequacy of plan drafts and general comments regarding consistency with metropolitan plans. Consultations shall adhere to the following principles: - Comments will be based on information provided in metropolitan system plans, metropolitan system statements, plan content guidelines and plan review criteria. - Consultations shall be on a staff-to-staff basis only. No Council review or action shall be involved and advice given shall in no way affect the official position of the Metropoli- tan Council. - Informational meetings shall be the main method of providing staff advice. Plan drafts proposing amendments to metropolitan system plans shall not be considered until such plans are submitted for official review by the Council. - Materials submitted and informal comments offered shall be placed in the local government file within the comprehensive planning section for future reference. In order to assist Council staff in informal review, local staff persons should submit accompanying information with any draft which explains how the plan dials with: - Development Framework, including forecasts; - Land-use demand, type of use, amount, staging, timing; Delineation of urban and rural service areas; Environmental protection; Wastewater disposal needs, central sewer or on-site systems; Transportation needs; Park needs; Airports, if applicable; Housing. 5.25.78/cy CITY OF SHAKOPEE j 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: nculas RPedPr FROM: Chet Harrison SUBJECT: Tree remnval nn 6th DATE: Trine 1 , 1 976 Mr. Paul Madison, inspector for the city, talked to the various property owners affected . They agreed to having the trees removed . Some of the owners signed releases of liability . No trees were removed without discussion with the property owners . CJH/meh - , Main Office 571-6066 UBURBAN q� NGINEERING 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 a South Office 890-6510 Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surveying • Land Planning • Soil Testing Burnsville, Minnesota 55337 May 18,19 78 Ref: 75-22 City of Shakopee 14CE1-MIL 129 is t Ave. 11 t r Shakopee, MN 55379 Attn : Mr. Douglas Reeder, Admin. Re: West Side Storm Sewer, 6th Ave. Trees Dear Doug: Pursuant to questions by Mayor Harbek at the Council Meeti ngoof May 16, we investigated the matter of the removal of trees along 6th Ave. by the strom sewer contractor. A note on plan sheet No. 6, the plan for Sixth Ave. , states "Protect Al l Trees and Shrubs unless Approved by the Engineer" and refers to construction between Jackson and Adams Streets where trees have been removed. The protection of the trees therefore is the responsibility of the Contractor. We have since learned that the property owners have signed a release of some kind allowing the removal of their trees. The matter was apparently arranged by City inspectors on .the project, the property owners and the Contractor without our knowledge. The project specifications do not provide for replacement as a specific item but would be the liability of the Contractor, without compensation unless other arrangements are made, such as a change order or a sparate agreeement. According to the information we have on the matter, we feel the matter is entirely the responsibility of the Contractor. City Engineering staff, however, may have additional knowledge which may alter the responsibility questions. If we can be of additional help , please let us know. Sincerely, SUBURBAN ENG ERI G,INC. /yam William E. Price, P.E. cc: Chet Harrison Mayor Walt Harbeck WEP/lh Robert Minder. Reg. Eng. E. A. Rathbun, Reg.Surv. Wm. E. Price, Reg. Eng. Gary R.Harris,Reg.Suru. Peter J. Molinaro, Reg. Eng. Wm. E. Jensen,Reg. Eng, Wm.K.Meyer,Reg.Eng. H. William Rogers, Reg. Suru. Bruce A.Paterson,Re Eng.n 6 Alan E. Rathbun, Reg. Eng. Proposed Policy Statements and Legislative Program 1978 -80 For distribution to all member officials These proposed policies are being mailed to all city clerks and administrators,for distribution to all officials. Each mayor will also receive a copy. Additional copies are available from the League office. Member officials are urged to review the proposals on the following pages, which were developed by the study committees. Also, each policy has been designated A, B, or C priority. The policies will be discussed in work- shops the morning of Thursday, June 8, immediately preceding the Legislative Conference. However, if you have questions or comments before then, please don't hesitate to contact the committee chairs, vice chairs or League staff. Final review and approval will take place at the Legis- lative Conference during the Annual Conference on Thursday, June 8 at the Radisson Hotel Downtown, Minneapolis. League of Minnesota Cities y Foreword One of the most important purposes of the League These priorities were developed by the study com- is to serve as a vehicle through which municipal mittees and reviewed and in some cases modified officials throughout the state can define their mut- by the Legislative Committee. This is the first year ual problems and develop positive policies and pro- that priority designation has been part of the poli- posals for their solution. cy development process. The committees also ranked items within the `A" priority categories. To accomplish this purpose a three-step consulta- tive process has been established providing for the The priorities are intended to give additional study of issues by committees of municipal offi- guidance to the League Board and staff in imple- cials, the review of the resulting recommendations menting the League's legislative program. by the Legislative Committee composed of the Board of Directors and the study committee chair- `A"priority indicates a major issue, one where persons, and final adoption at a biennial legislative the League would introduce legislation or would conference attended by representatives of all work actively with other groups to seek new laws member municipalities. and regulations. The policy statements and legislative proposals `B"priority indicates items that are important contined herein are the result of this process and to cities but where the League would probably are intended to be of a continuing nature, sub- spend substantially less time unless the legislature ject to review and amendment every two years. or other groups mounted a major effort to which Thus they will provide the League Board of Direc- we had to respond. While the League might initiate tors and the staff with a continuing source of legislation on `B"priority items, these would be guidance when testifying before legislative com- relatively non-controversial items, or those where mittees and taking other actions which have legis- most of the research has already been completed. lative or policy implications. "C"priority indicates items where the League Priority designation. The priority designation is would respond only when the issue is raised by indicated next to the title of each proposed policy. othergroups. 1977-1979 Committee Chairs and Vice Chairs Development Strategies Personnel, Pensions,and Labor Relations George Latimer, Mayor, St. Paul,Chair Robert Larson, Mayor, Faribault,Chair Vaughn Thorfinson, Mayor, Red Lake Falls, John Fischbach, City Manager, Robbinsdale, Vice Chair Vice Chair Government Structure and General Legislation Public Health and Safety William Jokela, Mayor Sandstone, Chair Richard Wedell, Mayor, Shoreview, Chair Helen Schendel, City Clerk, Milaca, Vice Chair Mary Page, Mayor, Olivia, Vice Chair Land Use and the Environment Revenue Sources Marianne Curry,Council Member,Lakeville,Chair Richard Asleson,City Administrator, Apple Jon Elam, Administrator, Walnut Grove, Vice Valley,Chair Chair 1. GENERAL LEGISLATION tort liability law applicable to cities seems essential. Therefore, the League suggests that the legislature Preamble recognize that cities are diverse and that any law governing tort liabilities of cities accommodate Although the great majority of Minnesotans that diversity by permitting maximum discretion have chosen to live in cities, there is a wide di- to local governing bodies to determine policies versity in the size and the range of services pro- as to payment of claims and procedures by which vided by the cities themselves. While a number those claims would be paid. of cities are major population centers, more than 60 per cent have less than 1,000 population. In the event that the legislature determines that Furthermore, while more than 100 cities have change in the existing law is absolutely required, chosen to operate under local home rule charters that change should only be in the direction of mak- which permit voters to develop and adopt a govern- ing the local government Tort Liability Statute mental structure to accommodate local needs, more similar to the State Governmental Tort Lia- other cities operate under the city code which bility Law. gives cities structural and operational flexibility within broadly defined limits. Finally, cities as 1-2. Adjusting Dollar Amounts in City Statutes general purpose units of local government have by a Constant Dollar Index (A) demonstrated their ability to develop and to im- plement policies and services that respond to their Inflation has had an effect upon cities beyond own constituencies. There is a wide variation a mere exertion of upward thrust on budgets and among cities in types of programs and levels of expenditures. The legislature has quite consistently service, and city services are typically those in included within authorizing and enabling legisla- which local policies are expected to be controls- tion, limitations expressed in dollars. These dollar ing, such as community development, police, limitations, while quite appropriate at the time of fire, street, park and recreation services, in con- enactment, become progressively more constric- trast to educational and welfare programs where ting with advancing inflation. Therefore, the the state's interest is more clearly manifest. League recommends that certain of the more im- portant and often used authorizing statutes con- Consequently, when new state programs that taining dollar limitations be modified by applica- directly affect cities or city services are considered, tion of a constant dollar index figure calculated the League urges that the following guidelines be from the year of enactment, to the limitation used: set out in the act. The modification should be made so that when statutes relating to other sta- 1. The state should consider the diversity of tutes are modified, the dollar limitations are ad- cities in services,size and programs. justed in a uniform manner. 2. There should be no incursion into the 1-3. Open Meetings (A) regulatory or licensing power of cities. City officials strongly support the basic pre- 3. Mandated programs should carry a clear mise of the open meetings law - to assure the identification of compelling statewide in- public's right to be informed about the conduct terest and the cost should be borne by of the public business. Experience with this law the state. since 1974, however, indicates clearly that there are areas where the legislature should make it more 4. Laws should maximize the opportunity for specific or should amend the law in the public the responsible exercise of authority at the interest. local level. The League further urges the adoption of the following proposals, which First, the law should specifically state that it would increase the effectiveness of local applies only to meetings where a quorum of the government. body is present, clarifying the present restrictive 1-1. Tort Liability (A) interpretation. We also believe that there are certain specific In view of the escalating costs of providing in- instances where the public interest would be surance coverage to cities, an affirmative effort better served by permitting a local governing body to minimize changes in the current governmental to meet in executive or closed session. These 1 instances include discussion of labor negotiation 1-7. Dilapidated Building Law (B) strategy, certain discussions relating to employees, and discussions regarding the purchase of land for The League-sponsored law providing a proce- a public purpose. In order to safeguard the public's dure for the repair or removal of hazardous build- right to know in these instances, the local govern- ings and the filling or protection of hazardous ing body would make the decision to hold a building excavations has been useful to cities in closed session via two-thirds vote, and a record of eliminating blight and upgrading neighborhoods, the meeting would be made for later disclosure but several minor defects in the law should be when information is no longer sensitive. eliminated to make it more workable. The League therefore recommends the following changes in 1-4. Legal Notice Publication System (A) that law, Minnesota Statutes, Section 463.15 - 463.261 The expense of publishing financial statements, the entire text of ordinances and other information 1. Elimination of the inappropriate refer- far exceeds the necessity to inform the public of ences to the assessment procedure of the these details of city administration. The League local improvement code. Reliance should suggests that the legislature study the entire sub- be made instead on the present provision ject of publication in legal newspapers and that of M.S. 463.22 for the collection of the the laws be rewritten to require publication of municipal net expenses for repair or re- summary information consistent with the pub- moval of a dilapidated building as a special lic's need to know. charge after court determination of the amount and upon a new provision for as- 1-5. Petitions for State Audit of sessment after notice and hearing in the Municipal Records (B) case of the filling or protecting of dan- gerous building excavations. City officials as a group agree that the proce- dures permitting citizens to petition for a state 2. Extension of the definition of owner, audit of municipal records is a safeguard which occupying tenant, and lien holder, now should be continued, although it is the normal applicable to mailed notice requirements practice of cities to have books audited annually in consent proceedings, to all hazardous by a recognized accounting firm. However, under building and excavation proceedings. present procedures, the petition process can be abused because of the relatively small number of 3. Correction of a citation error in M.S. freeholders (who need not be residents) required 463.152, Subd. 1 to link the eminent do- for the petition. To remedy this problem and still main authority of the act to the hazard- keep the process available, we recommend that the ous building definition and thus carry out law be amended so that signatures of a number of the obvious legislative intent. voters equal to 20 per cent of those voting in the last presidential election are required for the peti- 4. The law should also be simplified where- tion, and so that the city as well as the lead peti- ever possible. tioner is notified when the petition is certified. Eligible petitioners must be registered voters of 1-8 Campaign Financing and Disclosure Law (B) the municipalities. Campaigns and elections to local office are the most important single contact between voters 1-6. Special Elections (B) and representative local government. While there has been substantial public concern with campaign Now that statutory cities have uniform terms financing and ethics on the national and state of office for elective officials, we suggest that level, the public has not demonstrated the same vacancies in elective office should be filled by anxiety about financing and conduct for city election at the next regular city or general election election campaigns. The general public confi- date consistent with filing and absentee ballot dence probably reflects the fact that city cam- requirements. Candidates to fill a council vacan- paigns are locally based, largely address purely cy should be so identified on the ballot. However, local issues, are for the most part non-partisan and city councils should retain the authority to fill the that the candidates are running for "part-time" vacancy by appointment until the election is offices out of a sense of civic responsibility. held and the successor qualifies. We believe that public confidence in local cam- 2 paigns and election conduct is deserved and that be filed in a local location and available to no new laws in this area are needed. If the legis- the public. lature believes that new laws are needed, any modifications should encourage, rather than dis- 7. Since there is no evidence to suggest that any courage, qualified candidates from seeking or ethics commissions to watchdog local elections continuing in office. Nonetheless, there are steps are required, and since there are already effec- that can be taken to strengthen local campaign tive legal avenues for enforcement of cam- laws, including the following: paign practice laws affecting cities, the League recommends that no enforcement mechanism be created. 1 . Candidates should be encouraged to seek broader backing from among constituents 1-9 Home Rule (B) by extending state income tax credits to cover contributions to city election cam- Minnesota's constitutional home rule policy, paigns. while permitting home rule charters in some cir- cumstances to depart from the provisions of sta- 2. In view of the fact that most elected city tutes that would otherwise be applicable, has officials are part-time, low paid and serve out made charters subject to the provisions of state of a sense of civic responsibility, it is pro- laws when they express a policy intended to over- bable that requiring candidates to file state- ride local charters. In implementing that policy, ments of economic interest would effective- the legislature has often by a general law author- ly discourage many qualified candidates ized one or more classes of home rule charter from seeking or continuing in office, and the cities to meet new problems for which existing League would oppose state-mandated require- charters listing city powers in specific detail pro- ments. vided inadequate authority. It ahs also, by general law and increasingly by special law, removed char- 3. The present outdated expenditure limits ter restrictions or imposed restrictions where the for city election campaigns should be eli- local charter had none. Following the adoption of minated. In cities of less than 20,000 popu- the 1958 local government amendment to the lation, campaign expenditure limits or report- Minnesota Constitution, the legislature has, on ing requirements are unnecessary because of League recommendation, made it easier for cities the local nature of the campaigns and because to adopt and amend charters and thus better able stringent conflict of interest rules already to meet local legislative needs at home. govern the actions of elected officials in all cities. In an effort to provide for a more consistent policy on the relationship between state law and 4. Cities over 20,000 should have the authority local charters, the League recommends to its to establish limits for total campaign expen- own member cities as well as the legislature the ditures, as well as the limits that any one following guidelines on meeting legislative needs individual or organization could contribute of home rule charter cities: to a candidate's campaign committee. 1 . Every general law applying to cities should S. In cities over 20,000, campaign expenditure state specifically whether or not it applies to limits for city elections can be more effec- home rule as well as to statutory cities. tive, over-all limits by eliminating any distinc- tions between types of campaign committees 2. When a uniform state policy is not required,a and making the candidate or his or her de- law applying to home rule charter cities, signees responsible for all funds spent by his whether applicable with or without local or her election campaign committee. action, should authorize an affected city to supersede the law or any provision in it by 6. In cities over 20,000, all contributions from charter action on the same subject. a single source of more than $100 should be reported, with cities able to set this figure 3. When a legislative problem can be met simply lower. Campaign financing reporting forms by a charter amendment, particularly where and requirements should be kept as clear and amendment by ordinance is feasible, state simple as possible, consistent with the need legislation on the subject should not apply for voter information, and the reports should to home rule charter cities. Some existing 3 obsolete legislation applying to home rule Finally, the League believes that RDC reliance charter cities was repealed by the 1976 Legis- on the property tax should not be increased and lature; other similar legislation of doubtful that the state should continue its support of RDC current use should be repealed, perhaps operations at the present level, at the minimum. with an effective date sufficiently far in the future to permit any city for which the legis- 1-12. Cable TV Regulation (C) lation was later found useful to adopt an appropriate amendment to its charter. Approximately 150 Minnesota cities receive cable TV service, and under present law cities are 1-10. Voting Equipment (C) responsible for setting rates and can impose fran- chise fees. The League believes this law has allowed Present law allowing local options in selecting local communities to provide input into an impor- voting equipment, so long as it has been approved tant community service and that it should not be by the Secretary of State, has aided election offi- modified to diminish local control. cials and voters by permitting the selection of equipment based on a number of local factors 1-13. Election Day Registration (C) including size of community, type of election and others. Where the size of the community warrants The principle purpose of the Minnesota system it, the use of voting machines, including electronic of election day registration is to improve and in- voting machines,has facilitated voting and has aided crease eligible voter access to voting. We support the speed and accuracy of counting ballots. the new law which requires all persons who vouch for the residency of election day registrants to be The League opposes any law that would limit registered prior to election day. Experience indi- the use of current or future voting equipment cates that the following steps would also improve and opposes any state mandated system of voting the system: equipment. 1 . Election day registration and voting should 1-11. Regional Development Commissions (C) be permitted but not mandated to take One of the principal purposes of regional de- place in adjacent rooms. velopment commissions is to provide a mechanism 2. Certain penalties for election day fraud are for intergovernmental cooperation wtihin which so severe that they constitute a barrier to local elected officials and the units they repre- effective enforcement of the law. We recom- sent can engage in working and planning together. mend the laws be reviewed and modified where It is becoming increasingly clear that one of the necessary so that the laws can be effectively most significant tests of the commissions' work enforced. is the extent to which they are in touch with their local constituency. Since RDC's are now in the 3. State law should be uniformly enforced process of developing comprehensive regional throughout the state. plans, the League recommends that the review and update process for those plans be carefully 4. Any future state-mandated election or re- reviewed by cities and other concerned local gistration programs should be accompanied governments, even before the plans themselves by sufficient state funds to pay local costs. are considered. The under-representation on RDC's of the popu- 1-14. Uniform Local Government Election Day (C) lation that resides in cities continues to be a pro- The 1973 Legislature designated uniform elec- blem. To provide a better balance between urban tion days for statutory cities, giving cities the op- and rural interests, the League recommends that tion to choose odd-or even-year elections, and this the Regional Development Commission Act be degree of uniformity has served the voters well. amended to provide that the largest city in each Furthermore, the authority to choose an election county, whatever its size, be represented on the date is central to the purpose of home rule charter commissions, in addition to the present member- cities. Consequently, the League remains opposed ship. Furthermore, the League endorses expli- in principle to any uniform city local government cit membership selection procedures and publicity election day that precludes the present options. about them which involve all concerned local units. However, if the legislature determines that a uni- 4 form local government election day is necessary, government unit without the approval of its any bill should contain the following features: governing body or of the voters. 1 . A primary election should be optional for 5. A special law should not direct the governing municipalities of less than 5,000 population. body of the local government unit to act in a particular way. 2. Home rule charter cities should retain the op- tion of setting their own election date. 6. In the circumstances where special legislation is needed, the legislature should establish a 3. The state should reimburse all cities for the deadline for the submission of local bills direct costs of the election. which is substantially earlier than the last day on which general bills can be introduced 4. The first election under the uniform local and which can be waived only in the most government election day should be held in extenuating circumstances. 1983, after the precinct boundary freeze is lifted. In addition, the 1967 general law on local con- sent should be supplanted by a general law which 1-15. Special Legislation (C) permits waiver of the approval requirement only when a special law is of a type for which the con- The 1958 constitutional amendment on local sent requirement is impractical. Based on experi- government encouraged local responsibility by per- ence since 1958, the only class of special law to mitting the legislature to ease requirements for the which local approval should not be required is adopting and amendment of home rule charters special legislation affecting two or more local and by requiring local consent to special legis- units with an aggregate population of more than lation. While subsequent legislatures have made one million people. the home rule charter authority easier for cities to use, the intent of the special law consent pro- 1-16. Development of an Improved City Code (C) vision has been nullified by a 1967 general law pro- viding a blanket waiver of that requirement except Municipal laws have been enacted in a piecemeal where attached to a particular special law. fashion over the years,often to meet a special need The League believes that some special legislation in a particular class of cities with little regard to the desirability of applying the laws to other serves an appropriate purpose when creating and cities or meeting broader needs as well. As a result experimenting with innovative ideas. of this gradual accretion of miscellaneous statutes, the statute books have contained a hodge-podge The League recommends that the legislature es- of municipal laws,many inconsistent or overlapping tablish an appropriate procedure by which it can with other statutes, and many confined to parti- carry out such a policy of limiting special legisla- cular city classes though addressing a problem tion to cases where there is a compelling need for a shared by those excluded. The City Code laws special law. We suggest that the legislature con- adopted at League request in 1973 and its amend- sider the following guidelines when considering ments in 1974 were important steps toward a special legislation: more rational and uniform set of laws for Minne- sota cities, and 1976 League-sponsored legislation 1. A special law should not result in unfairly added to the improvement of the statutory frame- discriminating against all other local govern- work for cities by repealing numerous obsolete ment units of the same type or class. laws, eliminating inconsistencies, and making explicit the applicability or non-applicability of 2. A special law should not modify the juris- specific laws to statutory and home rule charter diction, power, or procedure of a state ad- cities. ministrative agency in a particular case. To continue this ongoing project of develop- 3. A special law should not incorporate or ing a more rational statutory code for cities and reincorporate a city or create a particular to provide more uniform statutory patterns for unit of local government. related municipal laws, the League recommends that the staff, in cooperation with the legislative 4. A special law should not change the form research agencies and other interested groups, or internal administrative structure of a local prepare legislation revising and making into a con- 5 sistent whole with as broad applicability as pos- of community conservation or the framework sible and without controversial changes, the various for evaluating both the direct and the spin-off statutes relating to certain subject areas most in effects of the many legislative and administrative need of such revision, including the laws on city actions that affect development, redevelopment depositories, city support for music and bands, and the viability of cities. To facilitate the adop- municipal advertising expenditures, local boards tion of a comprehensive community conservation of health, and use of liquor store funds and muni- policy for the state, it is necessary to examine an cipal utility establishment and operations. The assess the climate for private and public invest- League further recommends that when any such ment and reinvestment in the state and the impact revisions have been approved by the League Board of this climate upon Minnesota cities. This exami- of Directors, they become part of the League nation should include but not be limited to the legislative program. following: A study of existing laws indicates that almost 1. Personal taxing policy. without exception laws confined to cities of the 2. Corporate taxing policy. second, third, or fourth class might more appro- 3. Utilization of state's work force. priately have been broadened when adopted so 4. Spending for education including vocational as to apply to all three classes. The League there- education. fore recommends to the legislature that the prac- 5. Natural resources. tice of confining legislation to any such class 6. Proximity to market. be discontinued and that, except where very spe- 7. Environment considerations. cial circumstances require use of some more limit- 8. Land use limitations. ing criterion, future laws intended for cities other 9. Levy limitations. than first class cities be drawn to apply to all 10. Transportation network. such cities. 11 . An examination and understanding of the role of private developers. II. DEVELOPMENT STRATEGIES (A) 12. An examination and definition of redevelop- ment. The cities of Minnesota play a major role in 13. An examination and clarification of the development and redevelopment. Despite their role of industrial revenue bonds. enormous diversity in size and location, cities throughout the state share common concerns: Statewide reinvestment fund. The major pro- adequate housing, a desirable job and economic blem for municipalities is not the realization that climate and provision of appropriate community redevelopment is necessary if cities are to continue services. as viable working centers, but to identify the source of capital to finance the commercial and in- Many cities are actively involved in development dustrial redevelopment that must occur. It is ap- strategies which will maintain and foster a desir- parent that the traditional local approaches to- able job and housing climate in the community. ward redevelopment are not sufficient to solve At the same time, the public responsibility for chronic urban problems. No longer can redevelop- renewal and rehabilitation activities has fallen ment be supported by the tax base of local munici- increasingly on cities. These strategies must rest palities. Also, it has become less attractive and less on a solid partnership of cities, the state and the economical during the past decade for the private federal government working together with busi- sector alone, to continue to renovate and build ness, labor, neighborhoods and all parts of the in depressed areas. Due to the growing need of community. While no single solution will meet all older developed areas to provide incentives that the diverse needs of municipal development, the stimulate private investment and the lack of excess League has identified a number of proposals which resources of local governments to earmark for will encourage and assist local efforts. this cause, the League urges the legislature to es- tablish an economic reinvestment fund that would A state commitment to community conservation. provide redevelopment monies to cities for pro- The legislature passes many laws each year which jects that would help replenish a lagging tax base. have substantial effects on development, redevelop- ment and the viability of cities whatever their Tax increment financing. Tax increment financ- size and location. Many of these actions end up ing has permitted many older cities in various parts working at cross purposes to each other because of the state to define and carry out rehabilitation, the state has not established an identifiable policy redevelopment, housing and economic develop- 6 ment projects on their own initiative. It repre- able, there should be funding that is directed to sents the most feasible and effective legal strategy help solve the housing needs that have been identi- which is currently available to cities in preserving fied by state, regional and local agencies. and improving the physical and economic environ- ment in their communities. The League of Minnesota Cities recommends that increased bonding authority be provided to Despite the overwhelmingly favorable experience, the State Housing Finance Agency to help meet the legislature has considered legislation expressly the needs for new housing construction and to restricting the use of tax increment financing. The provide for new units for subsidized housing. League has recognized the needs for reasonable safeguards and to this end proposed legislation The League further recommends that the United during the past session to make tax increment States Department of Housing and Urban Develop- a better fiscal tool. ment increase the funding for new housing con- struction in Minnesota to meet the statewide We recommend that the League and the legis- housing goals. lature along with other affected and interested parties again proceed to develop legislation that III. LAND USE AND THE ENVIRONMENT would provide reasonable controls on the use of tax increment financing, build in safeguards III-1. Land Use and Agricultural Preservation (A) as to the limitations, bond duration and con- tract requirements and other factors as outlined Those public policies which encourage sub- in past League policies. stantial development in non-urban areas and which extend public services beyond existing Further, any legislation should be workable for jurisdictions and service areas seem to be largely all cities in Minnesota, and the legislation should exposed as wasteful and counter-productive. not be overly complicated in its procedural re- There is also increasing recognition that cities quirements. offer a variety of lifestyles that conserve energy, and that they are already centers of substantial Housing rehabilitation loans and grants. The public and private investment. Finally, there is best source of low cost housing is the present increasing recognition that the prime agricultural housing stock in Minnesota. Statistics indicate that land of Minnesota is a major natural and economic 200,000 units will need rehabilitation in the next resource and that a major objective of any land 10 years. The success that has been met to date use strategy is the preservation of this prime agri- with the combination of low interest loans and in cultural land. We endorse a policy of urban con- the cases of very low income, outright grants, servation based upon these perceptions. There are should be continued. Also, the use of such funds several steps that should be taken to: 1 ) strengthen to encourage insulation of dwellings to help con- the present land use controls exercised by cities serve energy is another use of the funds that and counties; 2) provide a framework for orderly, should be further encouraged. planned growth for cities through the Minnesota Municipal Board; 3) discourage scattered develop- The League recommends that the state legis- ment, especially those developments located on lature in the next biennium increase the funding of agricultural land or other land needing protection.; rehab loans and grants and further recommends and 4) provide the necessary policy direction that the United States Department of Housing and concerning land-use decisions which clearly have Urban Development provide increased funding to statewide or regional implications. To this end, Minnesota in order to provide sufficient funding the League has developed several proposals which to meet these needs. address various aspects of the problem. Housing - new construction. With the estimated needs for new housing units annually at 43,000 per Agricultural preservation. The state should es- year statewide and only 20,000 to 25,000 built tablish a policy encouraging the preservation of over the past three years, it is imperative that ad- prime agricultural land which discourages the ditional funding for construction of new housing development of such land outside areas to be be provided. Further, to meet the annual needs served by a municipal community and encourages for subsidized housing units, programs must also regional agencies and local governments to adopt be expanded to meet these needs. Since the private agricultural preservation policies and ordinances. sector reacts mainly to the type of financing avail- 7 The state should bank and interpret useful data, III-2. Solid Waste Management (A) including relevant soil-type information, on prime agricultural land that will assist local governments The League supports the continuing legislative in their preservation efforts. The League urges the efforts to initiate a comprehensive recycling and legislature to establish a committee representing resource recovery program in order to conserve local government as well as other interested parties material and energy resources and reduce the to propose an agricultural preservation strategy volume of solid waste. We believe the following to the 1979 Legislature. could accelerate progress in this area: Local and regional governments should be re- 1 . Although energy recovery is close to being quired to include an agricultural protection ele- economically feasible under certain circum- ment in their comprehensive plans and zoning ordi- stances, it is a high risk venture which pro- nances. bably cannot attract private capital. Therefore, the state should provide grants or subsidies to Interim or fringe area land. The Minnesota law energy recovery and recycling projects of an that provides preferential property assessments for experimental nature. agricultural property (i.e. the Green Acres Act) is principally aimed at transitional or fringe area land. 2. The law should be amended to provide that elected governmental jurisdictions (cities and The law should be modified so that it provides counties) which have adopted a comprehensive a positive tool for municipalities and counties in solid waste management and resource reco- influencing orderly development. Specifically, very program, have legal jurisdiction over the land would qualify for Green Acres status only methods of disposal of all refuse within their when it qualifies under a local government's jurisdiction. comprehensive plan or zoning ordinance, or is approved by the local governing body. Also, 3. The present law authorizing the establish- adequate controls should be provided to ensure an ment of solid waste management districts orderly transition to urban uses, including city should be amended to make it more work- determination of when the land no longer qualifies able. Specifically, outstate, the law should for tax abatement and/or assessment deferral. allow such districts to be initiated by any When the land no longer qualifies for tax abate- elected public jurisdiction (cities and coun- ment, then land should be assessed consistent with ties) and the district itself to include areas its planned use;however,that portion of the Green in more than one county. Acres law providing for payment of special assess- ments should be modified to allow an extended 4. The available evidence suggests that many pay-back period, at local option. When any quali- cities are exercising their existing authority fying land is sold, the sale would automatically to require that enterprises which produce bring it back to the local government for recon- potentially hazardous waste materials as a sideration of the tax deferment and abatement by-product of their activities, also provide status. Finally, there should be no automatic adequate containment or disposal facilities. "roll-back" or recapture of the difference in tax The League endorses this approach to hazar- revenues. Actual roll-back provisions could be dous waste disposal. Producers must provide negotiated locally or determined in local ordi- a disposal plan to the governing body before nances. a building permit is issued. Since some hazar- dous wastes must be disposed of in highly County Planning Act. Even when sufficient legal specialized facilities, which may not be econo- authority existsand financial resources are available, mically feasible in every region, we urge that there has been a reluctance in some counties to no state bar inter-state shipment of hazardous undertake a land use planning program. In order to waste but instead concentrate on adequate address this situation, the County Planning Act safeguards for public life and property during should be amended to provide that counties would such shipments. be required to undertake a land use planning program if city councils and town boards repre- III-3. Eminent Domain Laws (A) senting a majority of the population of the county pass resolutions requesting such action. In recent years, amendments have been made to the eminent domain law in an effort to safeguard 8 the interests of the property owners who become a metes and bounds or unapproved land survey. involved in this process. However, taken as a The law should be amended to require specific whole, the present procedure seems to result in enforcement procedures. However, in those divi- the public paying excessively high prices for land. sions of land when all parcels sold and remaining Therefore, the League believes the entire process are five acres or greater, the division and transfer provided in the law should be critically reviewed of such parcels can be carried out without city and streamlined. This examination should include: review or approval and without contributing to a re-evaluation of the advisability of making apprai- park dedication and other public purposes as sals public information; the advisability of using a under the subdivision law. professional referee in lieu of three commissioners to establish the value of land; and the legality and This exception provision should be changed to feasibility of collecting property taxes on property include only those parcels over ten acres in size. for several prior years in instances where the award Division into such large parcels will not be dis- is substantially in excess of the market value of ruptive to any planning or public improvement the property for tax purposes. The League Board activity. should establish a task force to study eminent domain, its alternatives, and relocation practices 111-7. Shade Tree Disease Control (A) and costs. The legislature in 1977 made a major commit- 111-4. Energy Conservation (A) ment to control Dutch elm and oak wilt disease and set a target level for grants to municipalities The League and its member cities are seriously of 45 percent for sanitation grants and 50 percent concerned with energy problems and support legis- for reforestation grants. There is no doubt that lative efforts to develop public programs and poli- the magnitude of the shade tree problem is even cies that will respond to the complex issues raised greater than the early estimates and that it will by the need for energy conservation. However, remain a major problem for cities for the coming in developing programs to achieve energy conser- several years. vation goals, there exists the potential for large, new public expenditures, and we believe that any The League urges that the legislature continue mandated programs to local government should be its commitment to shade tree disease control and accompanied by adequate funding from the state. that the grant program be funded to achieve the Finally, since energy programs and policies that target levels for sanitation and reforestation meet the need of all Minnesotans cannot be created grants. Furthermore, the local costs of shade tree without widespread participation, a mechanism disease control should be made a permanent spe- should be created for effective coordination bet- cial levy. ween the state and cities in the development of energy programs and policies. The state should pro- III-8. Plat Approval (B) vide technical assistance to local government to assist local energy conservation efforts. Under existing law, a city must act on an ap- plication for a plat within sixty days after the III-5. Planning Grant Program (B) first public hearing date or it is deemed approved. This does not allow enough time for adequate The state matching grant program which pro- review by the city staff, planning commission and vides funds to increase the local planning capa- a city council, especially when environmental judg- city of cities and counties should be continued ments must be made. The League recommends by the legislature, recognizing that planning is that the law be amended so that the period of an ongoing process. These funds should be avail- time be lengthened to one hundred twenty days able to cities and counties for establishing and for from first hearing by the council, its committees continuing existing planning programs. The legis- or boards. lation should reflect a higher priority for agricul- tural land preservation. 111-9. Special Assessments (B) 111-6. Certain Transfers of Property (B) Special assessments, as a means of financing property-related improvements, have served as Minnesota law provides a device whereby a a local process to identify priorities, since they city can prohibit the effective transfer of property permit those who benefit to pay most of the cost. when such a transfer is carried out by means of The legal procedures for assessing these benefits 9 should be made as clear and simple as possible. (B) Consolidation of cities. An alternative to the existing law concerning consolidation of cit- The authority to make sewer assessments based ies should be developed in order to encourage on capacity rights, as an additional alternative to city councils and city residents to consolidate present assessment authority, would strengthen cities when it is in the public interest to do so. local land use controls as well as giving local Accordingly, the League recommends that the governments an equitable alternative for making following optional method of consolidation be sewer assessments. The League believes that local enacted. The alternative procedure for the gra- governments already have sufficient legal authority dual, orderly consolidation of two or more exist- to base sewer assessments on capacity rights, which ing cities would be as follows: could be transferred among land owners, provided any proposed development met local government The procedure for orderly consolidations would zoning and subdivision criteria. However, in the be initiated only by 1) the concurrent resolution event that future court decisions limit or restrict of the affected cities or 2) a petition by five per- this authority, the legislature should grant specific cent of those voting in the last general election in authority to local government to make sewer each of the affected areas. Upon petition, the assessments in this manner. Municipal Board would establish a consolidation commission composed of residents of all affected 111-10. Lake Improvement and Restoration (C) cities. Cities, towns and counties now have consider- The concurrent resolutions of the affected able authority to establish lake restoration and cities or the report of the consolidation commis- improvement programs and projects. However, sion would make recommendations concerning: funding is available only for implementing pro- the boundaries of the proposed consolidated city, jects and not for planning and data collection. which could include unincorporated areas adja- The League urges the legislature to establish cent to the affected cities; the contents of any a unified program for the funding of lake restora- city charter for the proposed consolidated city tion and improvement planning and program or the form of government of the proposed con- implementation. solidated city, and the procedures for the order- ly consolidation of the affected cities and any III-11. Minnesota Municipal Board (C) affected unincorporated areas. Since its organization, the Minnesota Municipal Upon receipt of either the concurrent resolu- Board has strengthened municipal government tion of the affected cities or the report of the con- by providing a means for the orderly and intelli- solidation commission, the Municipal Board would gent evaluation of proposed incorporations, con- hold hearings and issue a report within three solidations, and annexations throughout the state. months on all matters pertaining to the proposed Recent additions and changes in the Board's consolidation. authority in annexation areas will encourage and foster an assessment of the consequences for If approved by the councils of all affected cities, governmental framework of certain kinds of the consolidation would become final. However, development and services in urbanizing fringe the councils may and upon petition of twenty-five areas around cities. The League commends the percent of those voting in the last general election, legislature for making this change and recommends must hold a single referendum on the question that no further changes be made in the annexation involving all residents in the proposed consoli- laws until the current system has been evaluated dated city, and the question would require to pass through its application by the Municipal Board a majority of those voting on the question as well to annexation situations. as a majority of the votes cast in each city. The Municipal Board should be given the author- III-12. Environmental Impact Statement ity to control the creation of urban towns in the Process (C) future. Any township which needs municipal powers should be required to request that authori- The rules and regulations which have been a- ty of the Board, and the request should automati- dopted by the Environmental Quality Council tally confer continuing jurisdiction on the Board governing the environmental impact statement to initiate annexation, incorporations or consoli- process have gone a long way toward integrating dations of the township territory. this process into the pre-existing legal procedural 10 framework in local units of government. Th.. control programs be modified to permit low result has been to reinforce the traditional rol,, interest loans and grants to upgrade alternative of local government in land use and related de- environmentally sound systems and to finance cisions which are primarily of local concern. Fur- other means of onsite disposal of domestic and thermore, the assignment of a major portion of commercial wastes in small cities. We encourage the financial responsibility for the preparation of mandatory standards for individual onsite dis- any necessary environmental impact statement posal systems. to the party initiating the new development, re- lieves local government of what could be a signi- III-15. State and Federal Wastewater ficant financial burden. Nonetheless, there may be Treatment Grants (C) circumstances where it would be in the public interest to have an environmental impact study Over the past several years, Congress and the conducted which could not or should not be Minnesota Legislature have made a major commit- assumed by the party initiating the new develop- ment to providing cities with funds for wastewater ment. Therefore, the League recommends that treatment plants. Cities, too, have made a major cities continue to be permitted to undertake commitment of their resources. However, only such a study with their own resources. Further- the highest priority communities have received more, the petition procedure should be revised funds to date. In view of the needs that have been to provide that only registered voters who are identified for improved wastewater treatment, and residents of the affected area, may sign petitions the substantial commitment that has already been requesting the Environmental Quality Council to made in planning for improved treatment facili- require the preparation of an environmental ties, the League urges that Congress and the legis- impact statement. lature continue to fund wastewater treatment at the current level including funds to compensate III-13. Intergovernmental Strategies (C) for increased costs due to inflation, or to increase funding to reduce the city's share. During the last several years the Minnesota Pollution Control Agency has taken several steps IV. PERSONNEL, PENSIONS AND which have markedly improved the working LABOR RELATIONS relationship between its own staff and local govern- ment officials. The decentralization of its staff Preamble in regional offices, the increasing willingness to provide technical assistance to local governments Since city governments are labor-intensive, and and the appointment of an advisory council com- the preponderance of city budgets is spent on posed of local government officials, have each con- employee costs, we are keenly aware of the effect tributed to better communication and cooperation. of state and federal actions affecting local per- The League endorses these efforts and urges the sonnel management, and employee pay and bene- Minnesota Pollution Control Agency to continue fits. While we recognize that there are areas of to involve local officials in the mutual effort to public employment in which the state or federal improve the effectiveness of our efforts to pre- government has a legitimate interest in establish- serve and improve our environment. ing programs to insure that an identifiable interest is protected, the League opposes state or federal III-14. Flexible Approach to Pollution Control (C) intervention where such an interest is not clearly manifest, or interference in basic personnel poli- The present federal and state programs for the ties through direct intervention such as mandated abatement of pollution problems tend to rely salary schedules. heavily or exclusively upon single solution ap- In addition, subject to laws prohibiting dis- proaches which are not necessarily appropriate or crimination in employment, neither the state nor economically feasible in very small communities. the federal government should become involved As a result, small cities may be required to install in the hiring, disciplining or dismissal of groups very costly central collection and treatment sys- of employees, such as police officers, or specific tems without regard to cost/benefit considerations individuals. Finally, the state administration and or their ability to finance the continuing operation the legislature should recognize and specifically of such systems, and larger cities are discouraged identify the coststo local government of personnel- from using alternative strategies where they might related laws such as workers' compensation bene- be appropriate. Consequently, the League re- fits, minimum wages and unemployment compen- commends that both federal and state pollution 11 sation benefits. They should also clearly recognize If the public employer did not request arbitra- that the wage and fringe settlements made with tion within a specified time, the employees state employees have a spin-off effect on the ex- could legally strike. pectations of other employees. Finally, in any case involving interest arbitration Where there is no compelling federal or state (i.e., terms and conditions of employment), the interest, we believe the public is best served by governing body should have the option either to the responsible exercise of management authority accept the arbitration award or to submit the for personnel by local governing bodies. We suggest award to a referendum of the public for approval the following policies to implement this goal. or rejection. IV-1. Federal Labor Legislation (B) 2.Impasse arbitration. In the event the arbitra- tion alternative is selected, the arbitration In 1971 , Minnesota adopted a comprehensive panel should be composed of a tripartite Public Employment Labor Relations Act, which panel: One member selected by the exclusive covers all public employees within the state. The representative, one by the public employer scope of the law is sufficiently broad to permit and one neutral member selected by the free and extensive participation in the collective parties, who would serve as chairman. A bargaining process by both the public employee procedure should be provided in the law, and employer, including the right to strike for possibly modeled after the Missouri plan certain employees. The League of Minnesota for the selection of judges, to assure that the Cities is opposed to federal labor legislation cover- arbitrators certified by the Public Employ- ing state and local employees on the grounds that ment Relations Board are both highly quali- fied and neutral. Furthermore, arbitrators it is unconstitutional and that it is patently unnece- should be required by law to prv�✓i:e a ssary. If the U.S. Supreme Court determines that thorough written rationale for all their such legislation is constitutional and the Congress decisions for the future guidance-. of employ- finds it necessary to adopt some sort of national ers and unions. The cost of the neutral legislation in this area, we believe the best alterna- members of any arbitration panel should tive would be to extend the provision of the National Labor Relations Act to cover public continue to be borne equally by the parties e;a in the dispute. employers and employees in those states that do not have existing labor legislation, allowing states 3.Supervisors, confidential employees and col- the opportunity to establish their own laws as the lective bargaining. The Public Employment need arises. Labor Relations Act of 1971, as amended, provides full collective bargaining rights to IV-2. Minnesota Public Employment Labor all supervisory personnel, thereby placing Relations Act (A) in jeopardy the concept of "management" in the public sector. Supervisors of "essential" Experience with the PE LRA of 1971, as a- employees in most cases are placed in the same mended, during the last several years indicates bargaining units as the employees they super- that several amendments should be made in order vise because of current statutory criteria. to safeguard the rights of local governing bodies, Supervisors of other employees are granted to encourage the collective bargaining process, full collective bargaining rights in separate and to improve the administration of the law. bargaining units. Confidential employees are The League supports the following specific changes, granted similar bargaining rights.This approach in order to their importance. is inconsistent with the National Labor Rela- tions Act and laws in many other states 1. Impasse resolution. The first priority is to where supervisory and confidential employ- eliminate the distinction + etween essential ees are outside the collective bargaining pro- and non-essential employees as it relates to cess, as they are agents of the employer. The compulsory, binding arbitration. All em- extension of full collective bargaining rights ployees should be considered as non-essen- to supervisory and confidential employees tial and should have the right to strike. As seriously impairs the ability of the public a second priority, in the event that elimina- employer to adequately manage in the public tion of the distinction is not acceptable to the interest. Supervisors of public employees legislature, the public employer should should be treated in a manner similar to that have the option of requesting arbitration. for supervisors in the private sector, i.e., their 12 management role should be acknowledged and 1969 to incorporate the following policies which they should not have bargaining rights. In no should apply to all local relief associations: event should supervisory employees be re- presented by an employee organization which 1 . All newly hired police and firefighters should represents non-supervisory employees. Similar become members of PERA Police and Fire standards should apply to confidential em- Fund. ployees.Appropriate legislative changes should be made to restore the concept of manage- 2. Adequate assistance should be made to fully ment in government. Furthermore, the term fund the obligations of the local relief as- "supervisory" should be defined and con- sociations which are phased out as a result strued consistent with the National Labor of these policies. Relations Act. 3. Employees' contributions should be in- 4. Public Employment Labor Relations Board. creased to at least 8 percent of the current The authority of the PERB should be extend- salary without regard to the base salary upon ed to include: which pension benefits are calculated but not more than 40 percent of the normal cost of a) bargaining unit determination appeals, financing the benefits. Furthermore, any increase in benefits for current employees b)scope of bargaining issues, including any resulting deficit, should be financed 50 percent by the employing city c) representation election appeals, and and 50 percent by employees on a current basis. d) unfair labor practice charges. 4. If possible, some limited form of portability Disciplinary actions against employees and into the PERA Police and Fire Fund should unions for participation in illegal strikes, be provided to members of local police and however, should continue to be the responsi- firefighters relief associations if they take a bility of the public employer and the courts public safety position in another govern- respectively. Furthermore, all of the decisions mental unit before their pension benefits of the Board should be subject to appeal to are vested. The PERA law should also be district court. amended to permit a member of the PERA Police and Fire Fund to continue his PERA 5. Certification of impasse. Under current law, coverage if he takes a public safety position in following certification of issues to impasse a city with a local relief association. by the Minnesota Bureau of Mediation Ser- vices and after fifteen days have elapsed If the legislature determines that the uniform without the employer having submitted final policies suggested above should not be enacted, positions, the employees involved may strike. the legislature should act to reduce the escalator PELRA should be amended so that the em- provisions of the funds, should provide more ployees must exercise their right to strike public involvement in the governance and adminis- within 15 days following the employer's t:ration of the funds; and enact enabling legislation refusal of arbitration of forfeit such right. permitting any city with a local police or fire- fighters relief association to place all newly hired IV-3. Local Police and Firefighters police and fire personnel under the PERA Police Pension Funds (B) and Fire Fund, provided that adequate measures are taken to fully fund any deficit in the local The financing of local police and firefighters relief association being phased out. relief association continues to be one of the most serious public pension problems in Minnesota. IV-4. PERA Benefits, Financing and Furthermore, while a number of local laws have Administration (A) been passed phasing out local retirement associa- tions, it is still highly desirable to establish certain The adoption in 1973 of the "high five year" uniform policies governing all of these relief as- benefit formula for PERA has provided very ade- sociations. Therefore, the League recommends quate pension benefits for career municipal em- that the legislature amend the Guidelines Act of ployees. However, there are a number of related 13 policy issues which have not been dealt with in increases is more appropriate, the League the law. Therefore, the League strongly urges the urges that the legislature provide that: (a) legislature to adopt the following policies in the no increases be made during the first three form of amendments to the PERA Law: years after retirement or until the Consumer Price Index increases at least ten percent; 1 . Any increases in PERA general fund bene- (b) a specific limit be placed on the increase fits enacted subsequent to 1973, including granted in any one year; and (c) the cost any resulting deficits, should be financed of such increases, including any resulting de- by matching contributions, shared equally ficits, be financed as provided in paragraph by employees and public employers, over a 1 above. period not to exceed 30 years. Any increases in benefits under the PERA Police and Fire 6. That portion of the PERA law which provides Fund, including any resulting deficits, should for a 5 percent per year augmentation of be financed 50 percent by employers and 50 deferred pension benefits seems to be unre- percent by employees, over the same amorti- lated to its equity. Therefore, the League zation period. urges that the PERA Law be amended to pro- vide that all funds in the deferred annuitant's 2. Since the equal, matching employee and em- account be transferred to the Minnesota ployer contributions to the Coordinated Adjustable Fixed Benefit Fund, to provide Plan within PERA are sufficient to finance a money purchase annuity. the present benefits and liquidate the exist- ing deficit in less than 30 years, all of the 7. Further steps should be taken to integrate employer additional contributions (i.e., the the administration of the three statewide 1 .5 percent of the salaries of employees pension funds, without combining the funds. under the Coordinated Plan and the 2.5 per- cent of the salaries of employees under the 8. The League recommends reciprocal enabling Basic Plan) should be specifically and ex- legislation to allow the transfer of pension clusively earmarked for the reduction of the contributions of individual employees, at actuarial deficit in the PERA Basic Plan. their request, to and from other states with The employers'additional contributions should similar reciprocal legislation. continue until this deficit is liquidated or until 1997, whichever occurs earlier. IV-5. Two Percent Tax - Police Aid (C) 3. Since any increase in benefits enacted for The League recommends that the legislature PERA retirees is in essence a gratuity, the amend the present provision on disbursement of resulting cost should not be paid from the the two percent tax on automobile casualty in- PERA Fund, but rather should be financed surance to allow expenditures by the recipient by a direct appropriation from the State political subdivision of any excess over the em- General Fund. ployer's share of police retirement costs for any police department purpose. 4. The actuarial assumptions concerning the rate of investment earnings and of salary increases IV-6. Taxation of PERA Contributions (B) should be a conservative reflection of actual experience. The present assumption concern- For several years, litigation has been pending in ing the rate of investment earnings is consis- federal courts to consider whether employee con- tent with this policy, but we urge the legis- tributions toward PERA and similar public pension lature to raise the assumed rate of salary systems should be subject to federal income tax increases to more nearly reflect the actual laws during the year in which it is contributed to experience during the last ten years. the system, as opposed to the year in which the employee actually receives the benefit. To our 5. The League supports the continuation of the knowledge no similar litigation is pending regard- Minnesota Adjustable Fixed Benefit Fund ing the applicability of the state income tax. as a means of providing post-retirement increases in the pension benefits of retirees It may be argued that the individual employee under the statewide pension funds. However, does not have the use of the contributions which in the event the legislature determines that he makes to PERA in the year in which they are some other mechanism for providing such contributed and therefore should not be subject 14 to either state or federal income taxation, but profit firefighting corporation should be should be excluded from the employee's gross required to file a current copy of its bylaws income. Rather, it may be argued that the contri- with the Commissioner of Insurance and to butions should not be taxed until the benefits file a revised copy of the bylaws upon each are actually received. Such a position would be benefit change. consistent with the way in which the municipal contributions to the employees pension are taxed. IV-8. Veterans' Preference (A) Therefore, the League recommends that the In 1975 the legislature adopted a uniform PERA and state income tax laws be amended veterans' preference law for state and local govern- as follows: ment which modified preference in employment and promotion and in 1977, the legislature ter- Employee deductions to PERA and similar minated veterans' preference for persons who public employee pension systems should be de- enter military service after 1976. The League ducted from the employee's gross income and not supports these modifications and believes that subjected to state income taxation during the these provisions should not be amended further. year contributed to PERA. 'Veterans should continue to be protected against unjust dismissals, but when a veteran's employ- IV-7. Volunteer Firefighters Relief rnent is terminated and he or she does not request Associations (C) a hearing within ten days, or when an impartial hearing body determines that the dismissal was Through the some 550 municipal volunteer for just cause, the law should not require that the fire departments and more than 20 non-profit veteran receive compensation for any period firefighting corporations, hundreds of cities when services were not actually performed. Fur- throughout the state provide fire protection t:her, the law should make it clear that the peti- services to their citizens in a very economical tion procedure is an alternative to local admin- manner. Most of these departments and non- istrative hearings. profit corporations provide their volunteer mem- bers with some type of pension as partial com- IV-9. Intergovernmental Personnel Act (C) pensation for their community service. Tradi- tionally, the type and level of pension benefits In Minnesota, personnel management services provided as well as the administration and in- -For local government initiated with assistance of vestment of the pension funds has been handled Intergovernmental Personnel Act grants have locally in accordance with benefit limits and proven valuable in improving personnel adminis- financial standards specified by law. Although tration in cities and counties. The League strongly this system has worked very well, there is need supports continued federal funding of IPA pro- to provide cities more flexibility in the use of grams at the current level as well as continuing state aid funds. To this end, the League recom- the matching requirement at the 75/25 basis as mends the following specific amendments be in the original act. enacted: 1. Cities should receive the state aid rather IV-10. Unemployment Compensation (A) than the state aid being paid directly to In 1976, unemployment compensation laws local volunteer firefighters relief associa- were substantially improved by the elimination tions or to non-profit firefighting corpora- of eligibility for those individuals who volun- tions as presently provided by law. Further- tarily quit or are dismissed for cause. However, more, when the pensions are fully funded, requalification is provided once the claimant cities should be able to use the state aids has earned four times the weekly benefit for which for other fire safety-related purposes. he would otherwise be eligible. This requalifica- tion is too low and should be substantially in- 2. In the case of lump sum pension benefits, creased. specific statutory authority should be enac- ted to permit payment of a term certain In addition, we believe that individuals who annuity (i.e. in periodic installments) in- knowingly accept temporary employment of cluding interest. specific limited durations or provisional employ- ment not exceeding six months and whose such 3. Each firefighters relief association and non- employment is thus ended, should be deemed to 15 have voluntarily ended their such employment IV-12. Group Insurance (A) and thus should be disqualified for certain bene- fits. The employers involved should not be sad- M.S. 471.66, which deals with competitive dled with unemployment compensation costs bidding for employee group insurance, includes for individuals who accept and perhaps even plan a provision requiring that the aggregate value for the termination of their such employment. of benefits cannot be less than those provided The Minnesota Supreme Court is expected to by the pre-existing contract. The apparent intent decide on this matter soon. If the Court does not is to prevent the reduction of employee benefits, so construe the present unemployment compen- but it also effectively prevents the negotiation sation law, the law should be appropriately a- of a different total compensation package and has mended. Also, students temporarily employed resulted in the rejection of bids which included as interns, such as urban corps interns, should additional benefits because the local government not be eligible for unemployment compensa- did not want to be committed to a higher level tion. of benefits in perpetuity. The League recommends that this provision be repealed or modified in a IV-11. Privacy of Municipal Employee way which eliminates the problem. Personnel Records (A) IV-13. Proposed Federal Pension Legislation (B) On June 30, 1977 the State Commissioner of Administration Richard L. Brubacher promul- The State of Minnesota through its legislature gated a "findings of fact and conclusions" clas- has demonstrated a continuing concern over the sifying various personnel data for some 22 muni- past two decades for the security of public em- cipal governments, including 8 cities. The findings ployee retirement funds. Standards have been concluded that relatively little data within indivi- adopted requiring full funding and steps have dual personnel files may be classified as private been taken to strengthen management responsi- data on individuals, and that most of the informa- bility and reporting to employees. Moreover, a tion commonly found in employee personnel permanent commission has been established by files is public. It is felt that this administrative the legislature to study and analyze public retire- finding is contrary to the best interests and morale ment funds and advise the legislature on appro- of individual municipal employees and that such priate steps. Adequate controls and standards employees have rights of privacy. exist in Minnesota to safeguard the interest of the participants in public employee retirement funds. Therefore, the League recommends that the Any proposed national controls and standards provisions of M.S. 15.162 to 15.1671 be amended should pertain only to matters of funding and so as to provide that only the following informa- should be designed to exclude public funds such tion on city employees shall be considered as as those in Minnesota where adequate safeguards public information, and that all other information already are present. in the employee's personnel file shall be con- sidered to be private, made available only to the IV-14. Deferred Compensation (B) employee, his immediate supervisor, the city's personnel authority, and the executive adminis- Deferred compensation plans have provided trator of the city and his or her designee: individualized, portable means to supplement a. Name of employee. retirement systems for municipal employees. For the most part,employees at their own expense b. Position with city. defer compensation, making it a less expensive means of providing retirement benefits than tradi- c. Department in which employed. tional pension programs. Furthermore, if pro- posed IRS regulations were put into effect, it d. The length of time the employee has been so would discriminate against employees of state employed. and municipal government by denying them oppor- tunities readily available to many other types of e. The salary for the position held. employees. The League endorses deferred com- pensation as an option for municipal employees and urges that appropriate congressional and ad- ministrative actions be taken to insure that it and prior work experience which would continues to be available. indicate that the employee is qualified to hold the position. 16 IV-15. Formal Civil Service Systems (A) V. PUBLIC HEALTH AND SAFETY Constraints imposed by the police and fire V-1. Issues in Law Enforcement Personnel (A) civil service laws tend to hinder the effectiveness of personnel management systems and limit home Although the state government has been in- rule charter options in cities with such commis- valved in police training for a number of years, sions. Experience indicates that the present meth- no coherent policy or strategy has emerged for ods of modifying these systems have not proved improving law enforcement in the markedly dif- workable. The League supports adoption of a- ferent circumstances and social environments nother procedure which would involve three steps: which exist in Minnesota. Following the 1977 First, a public hearing would be held with appro- legislative session these issues were further clouded priate notice; second, the local governing body by new laws relating to certification, and to mini- would act to abolish the commissions; third, if mum standards for conduct and recruitment, the required number of signatures were obtained Which significantly impinge on the prerogatives of on a petition, the question would be the subject local government. of a referendum. If no valid petition were sub- mitted, the action of the local governing body A major effort should be made by cities, the would become final. legislature and other concerned parties to develop a rational response to this complex situation, IV-16. Social Security (C) with the League initiating action wherever ap- propriate. In developing legislation, the following Many public employees in Minnesota are cov- guidelines are recommended: ered by federal social security (FICA) and parti- cipate in the plan's benefits including disability, 1 . Cities increasingly employ specialized law portability, and modest cost-of-living benefit enforcement personnel including part-time increases. The League recommends as a long- officers, reservists and paraprofessionals. range goal that all public employees in Minnesota, Cities should clearly have the authority to except volunteers, be covered by FICA, on condi- establish their own standards for such per- tion that the financing of medical and non-pension sonnel, who may have less than full arrest related programs are in the future financed from powers. federal general funds. 2. There should be consideration of the finan- IV-17. Temporary Military Service (C) cial impact of any state rules and regulations on the cost of law enforcement to cities. When an employee is temporarily absent because For example, uniform minimum recruit- of short-term military service, the public employer ment standards may lead to minimum wages. should pay the difference, if any, between the The state should subsidize any extra costs. public pay and the military pay. Pension and other rights should be protected. Furthermore, the law 3. Enforcement of standards of conduct and should make it clear that the 15-day period applies performance, and any other disciplinary to calendar days. matters, should not bypass normal city personnel procedures. Legislation authorizing IV-18. Minnesota Minimum Wage Law (B) the peace officers training board to establish minimum standards of conduct for police In 1973 the legislature passed the Minnesota officers should be repealed. However, sample Fair Labor Standards Act which establishes min- standards which could be used as a draft for imum wage rates for cities and other local govern- local adoption to local situations could be ments. One of the spin-off effects of this law has beneficial. been to significantly reduce the summer employ- ment opportunities for high school and college 4. Special attention should be placed upon law students in cities and other local governments. enforcement problems in rural areas and in It has also forced cities to curtail recreation and small cities where conventional approaches related programs for young people in many cities may not be practical. The state should gro- in all parts of the state. In order to alleviate this vide incentives for interlocal programs in- problem,the League urges that this law be amended cluding contracts with other law enforce- to exclude high school and college students who ment bodies. work for cities on a part-time or seasonal basis. 17 5. The employer should have the right to enforce When a city chooses to enact more stringent any minimum employment or certification fire safety codes, and to enforce these more requirements throughout the employee's stringent codes by inspection, the city should term of service. realize that it may be liable for any failure to inspect and to enforce the code. 6. Employment at the present standard is in- tended to apply only to full-time officers When a city does not enact more stringent fire with full arrest powers. Consideration should safety codes, the state should be responsible for be given to different levels of certification, inspection and enforcement of the fire code, reflecting different types of police assign- unless the city clearly agrees to accept the res- ments. ponsibility. 7. The composition of the peace officers train- It is equally important to focus on preventing ing board should be altered to include major- emergencies or potential emergency situations ity representation from elected city and through incorporating improved protective fea- county officials, no more than half of which tures into new building construction, especially could be from the seven-county metropoli- in high-risk areas or in certain high-risk buildings. tan area. Evidence indicates that if certain protective fea- tures were incorporated, the lives and property 8. The opportunity to undertake academic of occupants would be better protected and work at post secondary school is a valuable local public safety services would be better able pre-service training experience for potential to cope with emergencies at the present level of police officers. We also encourage the de- service, without adding to the general property velopment of pre-employment certification. tax burden. The League recommends that the The League urges the peace officers train- uniform state building code be amended to permit ing board to continue its commitment to any city to enact ordinances to require fire pro- certification of these courses in a variety tection and building security features that exceed of locations throughout the state, as well those set forth in the code. as providing the required basic police train- ing at area vocational technical institutes, V-3. Insurance (A) community colleges and universities. The state should maintain its financial commit- Cities in Minnesota are encountering substan- ment to police training at the present level tial problems in purchasing insurance, in terms at a minimum, or increase it. of both costs and availability. For some lines of coverage it is becoming questionable whether V-2. Building Codes and Fire Codes (A) commercial insurance will continue to be available at all; already some municipal gas utilities have One of the more rapidly evolving legal arenas been unable to purchase liability coverage. In recently has been the extent to which the public, other lines of coverage, premiums have increased via state or local governments, is responsible for enormously. Some cities have already been able the safety of buildings through inspections and code to realize considerable savings by self-insuring enforcement. There seems to be general agreement workers' compensation and employee health that state government should be responsible for benefits. In lines where commercial coverage be- enforcement of the uniform fire code, which comes unavailable, self-insurance is the only al- applies to existing buildings, in large facilities ternative. which are open to the public, whether they are located in cities or townships. The League would The League supports legislation which would support legislation which clarifies the responsi- clarify the authority of cities to self-insure any of bility of the state to inspect such public facilities the risks to which they are exposed. Because many as schools, hotels, lodging houses, hospitals and cities are too small to be able to self-insure in- nursing homes, provided that the state is clearly dividually, cities should be granted the authority responsible for enforcement and inspection, to jointly self-insure. whether or not it contracts with local units of government to perform the actual inspection. The state should also sponsor a study of the However, the legislation should permit cities to insurance rates charged governmental entities and enact more stringent fire safety codes for these their relationship to loss experience. facilities, as well as for other buildings. 18 V-8. Inspection and Health Service (C) local or state law, except where the city council by ordinance has designated that the violation of Over the years, a number of cities have devel- certain ordinances or misdemeanors would be oped health, sanitarian and inspection programs prosecuted locally. The county should retain ap- which are well suited to their diverse sizes and proximately two-thirds of the fines when it is the constituencies. In the event that the legislature county attorney's responsibility to prosecute, determines that a broader-based approach to these and when it is the city's responsibility to prosecute, services is desirable, it should build upon those the city should retain approximately two-thirds services that are available and in any event, cities of the fines. should retain the option of providing these ser- vices in their own jurisdictions. VI. REVENUE SOURCES V-9. Good Samaritan Law (C) VI-1. Levy Limits (A) The Good Samaritan Law, a law of interest The 1977 session of the legislature made signi- to municipal employees in the provision of emer- ficant modifications in that section of M.S. Ch. 275 gency care, has never really served its purpose that limits the authority of cities to levy property because, unlike similar laws in other states, it taxes. Among the modifications were: (1) a one- preserved the common law liability of a Good time reverse referendum procedure for increasing Samaritan for damages resulting from ordinary the levy limit base, only for use in 1977 and 1978; negligence in rendering emergency care. The (2) a modest adjustment of the levy limit base League recommends that the law be amended per capita for any city which had a base of less to limit the liability of a person rendering emer- than 80 percent of the county average; (3) eli- gency care at the scene of an emergency to lia- mination of the declining population provision; bility for willful or wanton misconduct. and (4) partial recognition, in the levy limit base, of levies for new commercial-industrial property. V-10. Adverse Possession (C) These changes were made in recognition of the It seems clear that M.S. 541 .01 prohibits adverse fact that the levy limit law is too inflexible to possession of city property; that is, the occupa- accommodate both the high rate of inflation and tion or use by other parties of city property. the diverse problems and circumstances faced However, in the event that court decisions do by cities throughout the state. The fact that the not concur with this interpretation, the legisla- legislature finds it necessary to change the levy ture should make it clear that no adverse posses- limit law every two years is the best single exam- sion can be had against the state and its politi- ple of the inherent difficulty of applying statewide cal subdivisions. solutions to diverse local problems. While the 1977 modifications provided temporary relief from V-11. Courts and judicial Administration (C) some obvious problems, the levy limit law is basically inconsistent with our long history of Minnesota made a major revision of the lower local self-government. Consequently, the League court system between 1971 and 1976, creating remains strongly opposed in principle to such a county court system to replace municipal and limitations and advocates their repeal. If repeal justice courts which went into effect through- cannot be accomplished, the League supports out most of the state. The League continues to the following amendments to the present levy support this system and, in view of the limited limit law. experience we have had with the county court system, we would oppose any further consolida- 1 . The present 6 percent annual increase in the tion of the court system in Minnesota until suf- per capita limitation is unrealistic in view ficient time has passed during which the opera- of rising labor costs and increasing demands tion of the county court system can be evaluated. for local services. Therefore, a more accur- ate index of governmental costs should be Experience over the past few years has shown incorporated into the law as a basis for auto- that many cities, especially smaller cities, have matically adjusting levy limits when govern- experienced costs for prosecution and associated mental costs increase more than 6 percent. activities beyond their ability to support. We recommend that the law be amended to require 2. The temporary reverse referendum provision, that county attorneys prosecute all cases involving which allows the local governing body to 20 increase the levy limit base up to 10 percent 'VI-2. County - Municipal Aid if the previous year's levy was 98 percent or more of the allowable levy, should be made The Omnibus Tax Act of 1977 incorporated a permanent feature of the law. additional steps in the direction of a more rational state-local fiscal policy by increasing the amount 3. One of the most serious problems facing of non-property tax revenue distributed to cities, cities is the growth in the number and cost and by providing a partial adjustment of the dis- of federal- and state-mandated programs, tribution formula to reflect more recent popula- which substitute the judgments of Congress lion figures as well as 1970 population figures. and the legislature for local budget priori- There were no substantive modifications in the ties, since they must be paid for within the major thrust of the distribution formula which current restrictive limits. Since special bills was adopted in 1975 and which seems to funnel to address this problem on an ad hoc basis additional aid into those cities where property will not provide a permanent or statewide taxes are highest. To build additional equity solution to these problems, we suggest the into the formula, the League suggests the fol- following four-step program: lowing steps: a. The special levy for new and increased (A) I .The distribution of state-raised revenue state-mandated program costs should be through the County-Municipal Aid Fund reinstated; and a special levy for increased should be increased in 1979 and 1980, in costs caused by other state actions or by amounts at least sufficient to compensate federally mandated programs should be for inflation. initiated. (A) 2.The distribution of state aids should re- b.The state should adopt a policy of "de- cognize that certain cities have special liberate restraint" on its mandated pro- needs based on such socio-economic grams, including a mandatory fiscal note characteristics as older housing, popula- identifying local government costs on any tion decline, per capita income, incidence new mandated programs when they are of poverty, and decline or lag in tax base. introduced in the legislature and a state- ment of compelling statewide interest (A) 3.The formula should be adjusted to take to accompany all state mandates. account of the fact that the cost of cer- tain services such as street maintenance, c. A special levy for natural disasters and trash collection and street lighting are lawful orders (including the cost of com- financed by special assessments in some plying with any federal law or regulation cities and by the general tax levy in others, issued after 1971) should be included. and that the cost of providing some ser- vices is generally independent of popula- d. As an alternative to special levies, the tion. state should provide full or partial reim- bursement directly from state revenues (B) 4. Transfers of revenue to the general fund to carry out state-mandated programs. from municipally owned liquor stores and utilities should be treated as part of 4. In both 1973 and 1975 amendments were the local tax effort. passed to the levy limit law excluding certain VI-3. Assessment Equalization cities from this law on the basis of popula- tion, because it became obvious that the nor- mal political forces at work in smaller cities Unequal property assessment both within and among levy limits unnecessary. The League mong the various taxing jurisdictions is becoming believes this is a reasonable way to proceed it major problem of property tax equity in the and that the law should be amended to ex- state because of the increasing use of and reliance elude all cities under 5,000 population from on sales ratio measures as factors in aid formulas levy limits. and the complexity of overlapping taxing juris- dictions including special districts. One of the primary reasons among several for current assess- ment equalization problems is the rapid market value inflation of real property in the past few 21 years, coupled with the taxable value limits on The League urges the legislature to distribute some agriculture and homestead property imposed by of these revenues to those local governments which statutes. This limited market value concept has contain telephone operating property, and the re- further caused confusion among property owners mainder of the resulting revenue should be used to and increased recordkeeping and cost to local increase the local aid distribution to municipali- units of government. The following proposals are ties. suggested to remedy the inequities created in the past few years. VI-5. Taxation of Railroads (B) (A) 1 .To provide the fairest equity of taxable In 1974 the Minnesota Constitution was amended property valuation and minimize confus- to permit the legislature to determine how rail- ion on the part of property owners, the roads and railroad operating property are to be limited market value concept should be taxed, just as in the case with other industries eliminated and full market value for and property. While a plausible argument can be these properties used for calculation of made for taxing railroad operating property on taxable assessed value. an ad valorem basis in lieu of the present gross earnings tax, the proposal which has been offered (A) 2.To ensure equity among various over- by the railroads contains some very serious flaws. lapping taxing jurisdictions and for state Furthermore, after examining the alternatives, aid purposes, the legislature should develop the League believes there are valid administrative a penalty provision for ad valorem taxing and other reasons for retaining the present gross jurisdictions which do not achieve a rea- earnings tax on railroads. However, some of the sonable sales ratio. The penalty provision resulting revenue should be distributed on a fair should apply only to the jurisdiction and equitable basis to local governments which responsible for property assessment (i.e. contain railroad property and the remainder of the county where a county assessor system the resulting revenue should be used to increase has been adopted, the city where responsi- the local aid distribution to municipalities. bility remains at the local level). VI-6. Minnesota Cities Economic, Physical (A) 3.To ensure equity among individual tax- and Social Conditions Study (A) payers within a taxing jurisdiction, the legislature should develop a penalty provi- Each biennium the legislature passes a number sion that would apply to the local unit of laws concerning levy limits, municipal state aids, which has the responsibility for assessing. property taxes, and other factors related to the This penalty should be based on a recog- fiscal relationship of the various municipalities. nized standard, such as the coefficient of However, because of the extreme variety of muni- dispersions measure of assessment quality. cipalities in Minnesota as to size, age, demogra- However, no penalty should be levied when phics, services offered, levels of service, methods assessments are equal to nationally ac- of paying for various activities, etc., these laws cepted standards of "excellent and rea- and the resulting implied state policy have a sonable." Any penalties should apply only drastically different impact, both economic and to the jurisdiction responsible for proper- social, on the various cities depending upon those ty assessment (i.e. the county where a cities' existing characteristics. It seems logical county assessor system has been adopted, that to develop effective and responsible policy the city where responsibility remains at and law concerning cities, their characteristics the local level.) and varying conditions should be well known and documented for the lawmakers. Therefore, in the (C) 4. The legislature should make our assess- same manner that the legislature initiated an in- ments system more simple. depth objective analysis of the cities of Minnea- polis and St. Paul by the State Planning Agency, VI-4. Distribution of Telephone Gross the study should not have to include a detailed Earnings Tax (C) analysis of all 865 Minnesota cities, but could include a sample number from each general cate- The taxation of telephone companies on a gross gory (i.e., older developed suburb, developing earnings basis in lieu of ad valorem taxes is well suburb, metropolitan rural, metropolitan free- established in Minnesota. However, all of the re- standing, outstate older city, outstate rural city, sulting revenue goes into the state general fund. outstate newer city,etc.). 22 The League requests that the State/Local perty is concentrated in certain cities and Fiscal Study currently being carried out by the counties resulting in a heavy cost burden State Planning Agency provide a detailed assess- in certain parts of the state. The League ment of the economic, physical and social con- believes this problem should be corrected ditions of all Minnesota cities so that effective and by enacting legislation requiring both the realistic legislation and policies concerning those state and non-governmental owners of tax- cities may be developed. If the present staffing, exempt property, except for churches, funding, and time constraints prevent the comple- houses of worship, and property used tion of such a report, the legislature should extend solely for educational purposes by aca- and expand this study so that a comprehensive demies, colleges, universities and semi- analysis can be carried out. In addition, the League naries of learning to reimburse cities and requests that the State Planning Agency establish counties for the cost of such services. an advisory committee for this study composed of local officials. (C) 4. All property tax laws should be recodified. VI-7. Property Tax Administration (C) 5. The number of classifications of property for property tax purposes should be re- In recent years initiatives in state and local fis- duced. cal policy have focused on avoiding increases in the tax burden on local property by providing VI-8. Local Government Investment Pool (B) alternate sources of revenue. However, a number of reforms in the property tax system itself are The League supports creation of a local govern- needed to make it a more equitable revenue in- ment investment pool through which local govern- strument, including the following: ments at their option may invest temporarily idle funds. Funds deposited in the pool would (B) 1 . Homesteads in classification 3CC should be invested by the State Board of Investment. be assessed at the same rate as other homesteads, and federally or state-sub- VI-9. Clarification of the Prohibition sidized housing units in the un-numbered Against Local Sales and classification should be assessed at the Income Taxes (B) same rates as comparable housing units that are not subsidized. Additionally, The provision in the Omnibus Tax Act of the state should reimburse the property 1971 which prohibits an increase in or the im- owner or renter through an income tax position of a new local sales or income tax should credit or rebate. be amended to make clear that the prohibition applies only to a general sales or income tax. (B) 2. The fact that federally and state-sub- sidized housing units are assessed differ- 1✓1-10. Municipal Bonds (C) ently in the cities depending on the city's population creates a disincentive for cities The traditional way of financing most local of less than 10,000 population to ac- public improvements and facilities has been through commodate such housing. This assessment the issuance of bonds and this is likely to con- disparity should be eliminated. tinue for the foreseeable future. Consequently, if the needs for local improvements are to be met (A) 3.One of the glaring inequities in the Minne- at reasonable cost, it is imperative that a broad sota tax system involves the free local market be maintained for municipal bonds at services that are provided to tax-exempt the most favorable interest rates possible. Since property owned by the state and by cer- both federal and state legislation can affect the tain non-governmental organizations. It municipal bond market, the League believes the is widely acknowledged that such proper- following proposals warrant serious consideration. ty benefits directly from governmental services such as police and fire protection Federal legislation. The exemption from federal and street services provided by cities and income taxes of the interest on municipal bonds counties. However, since there is no legal has been and continues to be the key factor in basis for claiming reimbursement for the maintaining a healthy market for municipal bonds. cost of such services they are borne by the This tax-exempt status of state and local issues local taxpayers. Furthermore, such pro- riot only maintains a separate market for them but 23 also recognizes the right of state and local govern- In considering legislation to re-enact the pro- ments to manage their fiscal affairs independently. gram, the Administraton and the Congress should However, in recent years some knowledgeable take account of the fact that although inflation people have become concerned because of their has continued to expand the demands upon hard- belief that the traditional market for state and pressed local budgets, revenue sharing funds have local bonds will not be able to satisfy the rapidly received no significant increase since the inception growing need for capital for public improvements. of the program. Re-enactment of the revenue Concerns have also been raised about existing sharing law should remedy this shortfall by provid- methods of tax avoidance,including the tax-exempt ing sufficient funds to restore the program to its interest on state and local bonds. These two con- 1972 level and project an appropriate inflationary cerns have resulted in several bills in Congress to factor for future years of funding. establish programs to lend money to municipali- ties by purchasing their bonds and/or make inter- Continued multi-year funding of the program est on state and local bonds taxable. While the is essential to sound fiscal planning and manage- motives behind these proposals may be laudable, ment at the local level and should be a part of the we do not believe a convincing case has been made re-enactment legislation. for such a radical change which could damage the independence and viability of state and local Congress and the Administration should resist government. Therefore, the League strongly urges the temptation to use the revenue sharing pro- that the tax-exempt status of state and local gram as a lever to governmental and other reforms bonds be maintained. Also, the League is opposed at the local level. Revenue sharing should be a to any federal legislation which would regulate flexible, decentralized program free of bureau- the issuance and sale of municipal bonds including cratic entanglements. The dangerous tendency registration or filing with the Securities and Ex- of the imposition of difficult procedural and other change Commission. requirements is apparent in the Revenue Sharing Amendments of 1976. Bond interest ceiling. Because interest rates in the bond market fluctuate in response to econo- Significant questions concerning the continued mic forces, it seems unrealistic that a maximum participation of state government in the revenue interest rate be imposed upon all local governments. sharing program have been raised. An across-the- The League recommends that the 7 percent ceiling board answer is not appropriate to this question. be repealed, which would allow interest rates to State participation might be gauged on a level be determined in the market or that a floating of fiscal efforts basis. Those states with the highest interest ceiling be established tied to the current tax effort should be continued at full funding interest on federal obligations. The League also while those with only minimal effort might be recommends that the 8 percent ceiling and any considered for a change in status. present application of the usury statutes to the rate of interest that can be charged on special VI-12. Electric Utility Gross Revenues Tax (C) assessments be removed. A gross earnings tax should be levied on all Bond Code amendments. The League sup- private electric utilities (excluding municipally ports amendments to the Bond Code and tax owned) with gross revenues in excess of $5 million laws that will clarify the authority of local gov- annually, in lieu of property taxes on electric ernments and assist them in obtaining credit. utility facilities. The gross revenues tax should be established at a percentage rate which will VI-11. General Revenue Sharing (C) yield no less than the total property taxes paid by all affected utility companies in the most re- The federal general revenue sharing program cent year for which such figures are available. provides vitally needed funds to cities in Minne- The resulting revenues should be distributed as sota. Continuation of this program is essential for follows: (1) any city or town could decide to fiscal stability of our communities. receive as its share an amount equal to its pro- 24 perty tax receipts from electric utilities for the tion to reflect additional municipal costs result- most recent year such figures are available; and ing from the installation. (2) the remainder should be distributed on the basis of the electric utility revenues collected Also, wholesale purchases of electricity by within each municipality. Within each affected municipal electric utilities should be taxed, and city and town, all local governments levying those cities should receive a share of the distri- a property tax should share in the distribution bution on the same basis as other cities. of such revenues in proportion to the taxes levied. The municipalities electing to receive the proper- If the Board of Directors of the League deter- ty tax equivalent should receive this amount only mines that there is a better means of capturing a so long as the specific property is used for util- significant amount of revenue from electric utility ity purposes. Any municipality which is the site property for distribution to local units of govern- of a future major utility generating facility or other ment, the Board may, by majority vote, commit installation should receive additional compensa- the League to support such a proposal in lieu of the electric utility gross revenues tax described above. 25