HomeMy WebLinkAboutCCP 10-28-2002
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~HlLLS
Arden Hills City Council
REGULAR
Monda , October 28, 2002
City Philosophy
services throu the innovative and
Mayor
Dennis Probst
ouneit Members
Beverly Aplikowski
David Grant
Gregg Larson
Lois Rem
To rovide a basic and neces
1245 W. IDgbway 96
Arden Hills, Minnesota
55112
651.634.5120
ful use of resources.
Agenda
City Council Meeting Convenes 7:00 PM
Call to Order
1. AGENDA
2. MINUTES
A. September 30, 2002 SPEC~ Meeting
B. October 15, 2002 Couilcil Meeting
3. CONSENT CALENDAR
A. Claims and Payroll
4. PUBLIC INQUlRIESIINFORMATIONAL
A. 2002 Election Update
B. Karth Lake Pumping
5. PUBLIC HEARINGS
6. COMMUNITY SERVICES
A. Planning Case No. 02-26 OPPIDAN
Variance Request
B. Resolution No 02-56 : TCAAP
Advisory Panel Appointments
C. Fireworks Ordinance No. 342
D. TCAAP Update
OPERATIONS & MAINTENANCE
7:00.
Those items listed under the Cousent Calendar are
considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar formal
There will be no separate discussion of these items,
unless a Council Member so requests, in which event, the
item will be removed from the general order of business
and considered separately in its normal sequence on the
agenda.
Publie InquiriesJInformational is an opportunity for
citizens to bring to the Council's attention any items not
currently on the agenda. In addressing the Council,
please state your name and address for the record, and a
brief summary of the specific item being addressed to the
Council. To allow adequate time for each person wishing
to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may
be distributed to the COlIDcil prior to the meeting, or as
bench copies, to allow a more timely presentation.
NONE
Aaron Parrish
Tom Moore
Arden Hills City Council Agenda
October 28, 2002
Page 2
8. ADMINISTRATION
A. New Contract for Landscaping of City Hall Joe Lynch
Property
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson - Recycling
C. Council Member Aplikowski - AMM
Policy; LMC Policy
D. Council Member Rem
E. Mayor Probst
TCAAP: Twin Cities Army Ammunition Plant
PMP: Pavement Management Plan
PTRC: Parks, Trails and Recreation Committee
~
~HILLS
Arden Hills City Council
REGULAR
Monda , October 28, 2002
City Philosophy
To rovide a basic and necess sco e of uali services thrall h the innovative and
Mayor
Dennis Probst
onneil Members
Beverly ApJikowski
David Grant
Gregg Larson
Lois Rem
1245 W. Highway 96
Arden Hills, Minnesota
55112
651.634.5120
oseful use of resources.
Agenda
City Council Meeting Convenes 7:00 PM
Call to Order
1. AGENDA
2. MINUTES
A. September 30, 2002 SPECIAL Meeting
B. October 15, 2002 Council Meeting
3. CONSENT CALENDAR
A. Claims and Payroll
4. PUBLIC INQUIRlESIINFORMATIONAL
S. PUBLIC HEARINGS
6. COMMUNITY SERVICES
A. Planning Case No. 02-26 OPPIDAN
Variance Request
B. Resolution No 02-56 : TCAAP
Advisory Panel Appointments
C. Fireworks Ordinance No. 342
D. TCAAP Update
OPERATIONS & MAINTENANCE
7:00
Those items listed under the Consent Calendar are
considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar fonnat.
There will be no separate discussion of. these items,
Wlless a Council Member so requests, in which event, the
item will be removed from the general order of business
and considered separately in its normal sequence on the
agenda.
Pnblie InqnirieslInformationat is an opportunity for
citizens to bring to the Council's attention any items not
currently on the agenda. In addressing the Council,
please state your name and address for the record, and a
brief summary of the specific item being addressed to the
Council. To allow adequate time for each person wishing
to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may
be distributed to the Council prior to the meeting, or as
bench copies, to allow a more timely presentation.
NONE
Aaron Parrish
Tom Moore
File Copy
Arden Hills City Council Agenda
October 28, 2002
Page 2
8. ADMINISTRATION
A. New Contract for Landscaping of City Hall Joe Lynch
Property
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson - Recycling
C. Council Member Aplikowski - AMM
Policy; LMC Policy
D. Council Member Rem
E. Mayor Probst
TCAAP: Twin Cities Army Ammunition Plant
PMP: Pavement Management Plan
PTRC: Parks, Trails and Recreation Committee
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~HILLS
MEETING MINUTES
Draft
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL MEETING
MONDAY, SEPTEMBER 30,2002,6:30 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order
the Special City Council meeting at 6:33 p.m.
Present:
Mayor Dennis Probst, Council Members Beverly Aplikowski,
David Grant (6:35 p.m.), and Lois Rem.
Absent:
Gregg Larson (with prior notification).
Also present: City Administrator, Joe Lynch; City Attorney, Jerry Filla; City
Engineer, Greg Brown; Director of Operations and Maintenance, Thomas
Moore; Director of Community Services, Aaron Parrish; City Planner, Peter
Hellegers.
KARTH LAKE PUMPING
Mayor Probst introduced the topic for this evening and indicated that the City
Administrator would give a brief summary/overview and there would be a
presentation of information by the City Engineer, after which time the City
Council would take comments from those in attendance.
Administrator Lynch presented follow-up information as directed by the City
Council, and indicated that City Engineer Brown had information to present to the
Council about both a temporary and a permanent solution for Karth Lake.
City Engineer Brown presented information indicating the tributary area of Karth
Lake, the lake volume and other information including, annual average
precipitation, 2002 year-to-date precipitation and 2002 estimated run-off above
normal. Brown indi'cated that he has had contact with the City of Shoreview and
ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
2
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will continue to try to work with them to come up with an estimate of the
development within the City of Shoreview, that contributes to the Karth Lake
drainage. Brown indicated he has had contact with Ramsey County and has
received a favorable response from them on the possibility of financial support due
to the run-off from Lexington Avenue.
Brown indicated that the DNR determined that the City could pump on a
temporary basis as soon as they could arrange to set up the pump and pipes for that
purpose. Brown indicated a more permanent solution would have to be processed
through the DNR and would take approximately 60 days. Brown directed the
Council's attention to the information contained in the packet on quotes received
from contractors for the temporary pumping situation. The low bidder appeared to
be Northern Dewatering for $8,800. This was a system that essentially the City of
Arden Hills, Operations & Maintenance staff, would have to assemble and would
rent the pump to begin the draw down. The high bid included a system that was
completely set up by the contractor including a pump. The long-term solution
estimated cost of $42,500, included the purchase of a new pump and piping that .
could be used by the City in other operational areas.
Council took public comments.
Anne Sorensen. 1152 Amble Drive: Asked if there will be more drainage
coming into Karth Lake because of the Guidant development.
The Mayor indicated that Guidant would not impact Karth Lake as shown in
the sub watershed area drawn by the City Engineer.
Charles Amble. 1211 Amble Road: Inquired why we are looking at
pumping down Karth Lake at this point.
The Mayor responded that something unusual is happening and there is a
loss of lakeshore as well as landscaping and vegetation. The City has been
approached by some of the residents about saving lakeshore and vegetation.
Gary Gerding. 1236 Karth Lake Drive: Indicated he is speaking for several .
residents when he stated they agree with the approach for a temporary and
permanent solution for drawing down Karth Lake, but urged the Council to
seek funding from others, as well as from surrounding property owners.
ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
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Albert Nienaber. 1160 Amble Drive: Indicated that trees have been
threatened and enjoyment of the lake is less. Inquired about how long it
would take to put a permanent solution into place.
City Engineer Brown indicated putting together a package to bid and going
through the DNR process (which would take approximately 60 days) means
the permanent solution would probably not be put into place until
approximately spring of 2003. Brown also indicated that is why the Council
asked staff to pursue a temporary pumping situation.
Bruce Johnson, 1220 Karth Lake Drive: Indicated he is in favor of pumping
the lake down and doing so as quickly as possible to save landscaping and
vegetation.
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Ron Lindmark. 1140 Amble Drive: Inquired about the responsibility of
industrial or commercial properties namely, Fair Isaac's, and their
contribution to the storm water run-off to Karth Lake.
Mayor Probst responded that best management practices currently allow
property owners, whether residential, commercial or industrial, to have
storm water run-off rates no greater than previously existing conditions
when developing or redeveloping. While the rates may remain the same for
Karth Lake, there is not natural outlet, thus it continues to fill up.
Eleanor Hartmark. 1280 West Highway 96: Indicated that she has been a
life long resident and has seen the level of the lake rise and fall depending
on the weather. She indicated a concern with pumping. She wanted to be
careful that the City did not drain the lake or bring it to a level that it would
not be able to be restored. She indicated that she is not in favor of a
permanent solution.
Mayor Probst responded that the City would approach the pumping of the
lake by drawing the lake down to a level of934'. This was indicated as one
of the previous low points of the lake but not to the ordinary high water
. mark of the lake, which was 929' as determined by the DNR.
ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
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Linda Hansohn, 1124 Amble Drive: Indicated she has a set of two retention
walls both approximately four feet high. The first retaining wall is 17
inches under water and the water is currently approaching the second
retention wall. She urged the Council to take action as quickly as possible
to bring the lake level down.
Stan Harostead, 1277 Nursery Hill Lane: Indicated he has lost trees but
does not believe there are any properties in danger of getting wet basements.
He urged the Council to look at the assessments to include Fair Isaac's, or
other commercial and industrial properties that contribute to storm water
run"off to Karth Lake. He is in favor of both a temporary and permanent
solution.
Steve Marino. I 120 Amble Drive: Indicated he is in favor of a moderate
solution. While he is sympathetic to lost vegetation and landscaping, he
urged the Council not to draw the lake down too far that it presented
problems with vegetation not being able to return. He thought that the .
higher lake level was also helping to deal with some of the trash issue. He
wasn't seeing as much trash around his property or around the lake.
Ron Hagkull, 1289 Karth Lake Circle: Inquired of Council what the
problem is they are trying to solve. He indicated that when the lake was
pumped in 1984, there was a significant fish kill which presented its own
problem. He urged the Council to approach the solution with caution and
common sense.
Elaine Francis, 1165 Amble Drive: Indicated that the lake seems to be the
highest it has been in many years. She considered the lake to be a sick lake.
There is green algae on the lake and it didn't seem to flow as it did before.
She urged the Council to consider a short and long-term solution. She also
indicated she agreed that Fair Isaac needs to be considered as a partner in
the solution to the problem.
Dick Flick, 1301 Karth Lake Circle: Indicated that he had an original dock
and the water is currently two feet higher than his original dock. Currently
he believes the lake level is eight feet above the level of his original dock. .
He indicated there is no good engineering data on how to control the level
of the lake. There can be quite a fluctuation in it depending on weather. He
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ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
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also inquired about the impact that commercial and industrial development
has had on the lake. He inquired as to why the lake continues to rise and
what other properties are contributing to the lake.
Shih Paul Yen. 1116 Amble Drive: Indicated he moved into his house in
1990 and as a 12 year resident of the lake area, he would like to have the
City develop a permanent solution. He inquired about what level the lake is
suppose to be. He also questioned some of the GIS data which did not show
some of the homes around Karth Lake and questioned whether the data was
right. He also claimed the residents surrounding the lake are victims of a
problem that has been created outside of their neighborhood.
Eleanor Hartmark. 1280 West Highway 96: Commented about the earlier
concerns regarding trash. She indicated she currently has a floating dock on
her lakeshore property and some of the responsibility for the clean up is the
lakeshore owners themselves.
Tom Heideman. 1142 Amble Drive: Indicated there is a lot of blame to go
around, both on the City and the lakeshore property owners, as well as the
commercial and industrial properties. He urged the City Council to proceed
with both a short"term and long-term solution, but cautioned against
lowering the water level to a point that would do more harm than good. He
also urged the Council to look at the assessments. He was also wondering if
the City would be able to do anything about aeration of the lake. He
understood that this was a different issue but wanted to raise it.
Art Bourgeois. 1168 Amble Drive: Inquired about why the houses on the
left side of the map were not filled in.
City Engineer Brown indicated that those homes on the left side of the lake
were not filled in because this was a map that had been used for the
pavement management improvement meeting and they were not included
for the assessment of the roads that were going to be milled and overlayed.
The Mayor indicated that the City Council has not decided on the permanent
solution yet. A public hearing would have to be held and a determination would
have to be made on the area to be included. The costs would have to be better
determined and a decision made on who will participate. The Mayor indicated
ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
6
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that the City will come back to the residents with more information as they
proceed with the permanent solution on the potential for assessment. He reiterated
that the expectation of the City is that the benefiting properties would pay half of
the cost of the permanent solution which was approximately $21,250 based on the
engineer's estimate of$42,500.
A resident inquired about the property that was shown that did not have a
structure or an address associated with it. The Mayor indicated that this is
the City park and the City would contribute based upon the value
determined and would pay an assessment much like a residential piece of
property.
A resident commented that storm drainage does come from outside the
Karth .Lake neighborhood and wondered if the City will take that into
consideration. The Mayor indicated that the Council will direct staff to look
for all of those properties that contribute storm water and receive a benefit
from the lowering of Karth Lake. .
A resident expressed appreciation to the City Council for their willingness
to listen and to invite the residents and affected properties in to a meeting,
and urged the City Council to proceed with a solution.
Council Member Aplikowski inquired how the right level of the lake will be
determined. Based upon the information they received tonight, the Council has
heard that the ordinary high water mark is 929 feet, the City would pump down to
a level of 934 feet. The current level of the lake is 938 feet. City Engineer Brown
responded that the City would work with the DNR to determine the correct level
of the work and they would pump down to the level as determined by the permit.
He did indicate there is no guarantee pumping would not need to be done again
and that no problems will be created by pumping down the lake.
Council Member Grant indicated that there is another scenario to be considered. If
there is heavy winter snowfall, and early spring rain, the lake could be
significantly impacted.
Council Member Aplikowski agreed with the statement that was raised earlier .
about problem identification. She would like to see the problem verbally
identified.
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ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2002
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Mike Enz, 1228 Karth Lake Drive: Indicated he is a nine year resident of
the City and in the last four years the lake level has gone up each year. He
indicated that there must be a problem because the DNR would not be so
willing to grant a permit. He said landscaping, vegetation, home values,
loss of lakeshore property, and erosion are all problems that have been
created by the fact that the lake level has continued to rise.
Mayor Probst also added that the vegetation that is currently being impacted by
the lake level is not vegetation that is typically found to survive well in water. He
also agreed with the indication of the problem of erosion and based upon the
freeze-thaw cycle, properties could begin to be affected.
Council Member Rem inquired about where the water is coming from. City
Engineer Brown responded by reviewing the precipitation over the last years
including the current year to date. He also reviewed the Karth Lake hydrology
information and the impact ofthe significant amount of rainfall.
Council Member Rem indicated she is in favor of the temporary pumping but
before the City takes action on a permanent pumping solution, the Rice Creek
Watershed District should be brought in and should discuss with the City the
entire drainage area. There should be some information about the long-term study
of the storm water contribution to the lake.
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to direct staff to proceed with temporary pumping
of Karth Lake as recommended by the City Engineer, as presented at
this meeting. The motion carried unanimously (4-0).
RECESS
Mayor Probst adjourned the Special City Council Meeting at 7:26 p.m.
Dennis Probst
Mayor
Joe Lynch
City Administrator
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~HILLS
MEETING MINUTES
DRAFT
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
TUESDAY, OCTOBER 15, 2002, 7:00 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST IllGHW A Y 96
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order
the regular City Council meeting at 7:02 p.m.
Presen t:
Mayor Dennis Probst, Council Members Beverly Aplikowski,
David Grant, Gregg Larson, and Council Member Rem.
Absent:
None.
Also present were City Administrator, Joe Lynch; Director of Community
Services, Aaron Parrish; City Planner, Peter Rellegers; Director of
Operations and Maintenance, Thomas Moore; City Engineer, Greg Brown;
and Recording Secretary, Kathleen Altman.
1.
APPROVAL OF MEETING AGENDA
MOTION: Council Member Aplikowski moved and Council Member Rem
seconded a motion to adopt the agenda for the October 15,
2002, Regular City Council meeting. The motion carried
unanimously (5-0).
2. APPROVAL OF MINUTES
A. September 30, 2002 Council Meeting
Council Member Grant requested the following changes: Page 8, second
paragraph from the bottom, second sentence should read: Council Member Grant
replied he was concerned about smart growth and walk able neighborhoods.. ."
ARDEN HILLS CITY COUNCIL ~ October 15, 2002
Council Member Larson requested the following changes: Page 2, third paragraph,
second sentence should read: "Mayor Probst said he saw the previous discussion
items..." Page 8, last paragraph, second to the last sentence, change mitigating to
mitigation. Page 4, first paragraph, third sentence from the bottom should read:
"He stated this new building proposal was actually a foot lower than the previous
building that was approved". Page 5, last paragraph, first sentence should read:
".. . expressed concern about his privacy, traffic increase, and the location of the
ramp to the basement..." Page 7, first paragraph should read: "... stated her main
concern.. ." Page 8, second to last paragraph, last sentence should read: "... what
was actually built did not necessarily work and he did not. .."
Council Member Aplikowski requested the following changes: None.
Council Member Rem requested the following changes: Page 9, first paragraph,
first sentence should read: Council Member Rem stated she did not realize when
they heard the presentation at Work Session described as for informational
purposes that they would be moving toward endorsing this."
a.
b.
Mayor Probst requested the following changes: None.
MOTION: Council Member Grant moved and Council Member
Aplikowski seconded a motion to approve the September 30,
2002 Council Meeting Minutes as amended. The motion
carried unanimously (5-0).
3. CONSENT CALENDAR
c.
Claims and Payroll
2002 181 Payment: 2002 PMP Hunters Court/Waldon Place: T.S. Schifsky
2002 181 Payment: Sewer and Watermain Rehabilitation Project: Visu-Sewer
Clean & Seal.
2002 151 Payment: Storm Drainage Improvements: Dryden Excavating
Resolution No. 02-52: Authorizing Application for Recycling SCORE
Grant Funds for 2003
Resolution No. 02-53: Establishing Service Fee Charge for 2003 Residential
Curbside Recycling Program
Resolution No. 02-54: A Resolution Approving an Application for
Authorization for an Exempt Gambling Permit to Trinity Lutheran Church
d.
e.
f.
g.
MOTION: Council Member Larson moved and Council Member Grant
seconded a motion to approve the Consent Calendar and
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ARDEN HILLS CITY COUNCIL - October 15,2002
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authorize execution of all necessary documents contained
therein. The motion carried unanimously (5-0).
4.
PUBLIC INQUlRIES/INFORMATIONAL
None.
5. PUBLIC HEARINGS
Carol Jacobsen. 1295 Wvncrest Court, stated she had lived in her home for 18
years and indicated she found moisture in her lower level as well as a sewer smell
in her basement last week. She stated she had spoken with Tom Moore, who
investigated this, but could not locate the source of her problem. She noted since
the City had started pumping Karth Lake, she has had moisture in her home. She
stated this had not happened because of the rain and the wet summer. She stated it
was not a coincidence, that once they started pumping Karth Lake that she has had
moisture problems.
Mayor Probst asked if Ms. Jacobsen had any connection to the storm sewer and
asked if the City could dye test the sewer system. Mr. Moore replied they had done
a dye test today, but did not see any problems. He noted the sanitary and manhole
covers were flowing fine. He indicated there was no standing water in Ms.
Jacobsen's yard.
Ms. Jacobsen stated she did not have a logical explanation for what was going on,
but she did not believe it was a coincidence that they were pumping Karth Lake,
and now she had moisture problems. She stated even with all of the rain they had
this summer she had no problems with moisture until they started pumping Karth
Lake. She noted if they continued to pump Karth Lake over the next couple of
weeks and she continued to have problems, she would need to come back to the
City for help.
Council Member Aplikowski asked if any of her neighbors had moisture
problems. Ms. Jacobsen replied she had spoken with the neighbors, and the ones
she had spoken with stated their yards were very wet, but they did not have
moisture in their basements.
Pat Kramer. 1230 Wvncrest Court, stated 15 years ago his lower level got wet
like Ms. Jacobsen's basement due to the City pumping Karth Lake over a short
period of time. He stated he did not have a problem while they were pumping, but
shortly afterwards; there was a 5-inch rainfall that collapsed the storm sewer
ARDEN HILLS CITY COUNCIL - October 15, 2002
4
farther down the street which collected in his pond. He noted there were nine
springs in Karth Lake and one of those springs went into his pond. He stated Ms. .
Jacobsen's property is situated on a former pond.
Mr. Kramer stated since they had started pumping Karth Lake the water table
around his home and his pond had gone down. He expressed concern that they
would not be able to ice skate on the pond this year if it continued to go down.
Mr. Kramer suggested stopping the pumping of Karth Lake temporarily to see if
this was causing the problems at Ms. Jacobsen's home.
Mayor Probst asked if they had taken the elevations of the pond. Mr. Brown
replied they had not, but they would.
Ms. Jacobsen asked if it would make sense to let nature do its part and come to
some agreement to reduce the pumping ofKarth Lake. She stated she was opposed
to the pumping originally, and now she was very much against the pumping
because she believed it was affecting her home. She asked what would happen
when the ground started freezing. Would she continue to have problems? Mr.
Brown replied they expected the pumping to be completed within the next three .
weeks, and the ground would not be frozen during that time. He noted if the water
started freezing in the pipe, they would stop pumping.
Ms. Jacobsen asked if someone could investigate if her home was sitting on a
former pond. Mr. Parrish replied the City had aerial photos dating back to the
1940's and that they would look into this issue.
Council Member Larson suggested reducing the pumping by one-half the volume,
which would allow the City to address the concerns of the residents of Karth Lake.
MOTION: Council Member Aplikowski moved and Council Member
Grant seconded a motion to authorize the staff to check Ms.
Jacobsen's home, the surrounding properties, and the properties
around Karth Lake and Wyncrest Court that were suspected of
having problem associated with the pumping of Karth Lake.
Staff was also authorized to make the decision to go to one-half
pumping immediately. Staff was authorized to stop pumping
entirely if they determine the pumping was affecting residents
in the Wyncrest Court area. .
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ARDEN HILLS CITY COUNCIL - October 15,2002
5
Council Member Larson requested they revisit this issue at their next workshop
meeting to determine if they should stop the pumping or reduce the flow.
Council Member Rem asked that the residents of Karth Lake and the Wyncrest
Court neighborhood be informed about the Work Session meeting, if they were
going to discuss this issue again.
MOTION: Council Member Larson moved and Mayor Probst seconded a
motion to amend the previous motion to authorize staff to
measure the flow at the outlet, determine the impact the
pumping may be having on the area, but NOT reduce any flow
rate until they met at Work Session next week.
Council Member Rem noted she still supported Council Member Aplikowski's
original motion to cut the flow in half.
Mayor Probst stated his concern was that he did not believe any change to the flow
would solve Ms. Jacobsen's problem.
Amended Motion failed (2-3). (Mayor Probst and Council Member Larson - Yea.
Council Members Rem, Aplikowski, and Grant - Nay.)
Original Motion passed (4-1).). (Council Members Grant, Larson, Aplikowski, and
Rem - Yea. Mayor Probst - Nay.)
6. COMMUNITY SERVICES
A. Fireworks Ordinance No. 342
Mr. Parrish explained that the Lake Johanna Fire Department was requesting that
member cities consider passing an Ordinance regulating consumer fireworks.
More specifically, they were requesting that a license be required to sell and store
fireworks in the city.
B. TCAAP - Update
Mr. Parrish stated staff had had various meetings with the Development Team,
Ramsey County Parks and the DNR, and John Shardlow, DSU. He updated the
Council on the various meetings.
ARDEN HILLS CITY COUNCIL- October 15,2002
6
Mayor Probst noted they needed to keep in mind that a north/south connection was .
very important and had been a part of the Vento Plan.
7. OPERATIONS AND MAINTENANCE
None.
8. ADMINISTRATION
A. Personnel: Appointment of Sandra Byl to Regular Part-time Status
Mr: Lynch stated Ms. Byl began working for the City as a part-time Customer
Service Representative II. Ms. Byl had completed her six-month training period
and per the Personnel Policy, Ms. Byl was evaluated at the end of that period. Her
performance had been satisfactory. Staff recommended the Council appoint Ms.
Byl on a regular, part-time basis.
MOTION: Council Member Aplikowski moved and Council Member Rem
seconded a motion to appoint Sandra Byl to regular part-time
status as Customer Service Representative II. The motion .
carried unanimously (4-0). (Council Member Larson was not
present for the vote.)
B. Discussion: TCAAP Advisory Panel
Mr. Parrish stated the candidates for the TCAAP Master Planning Advisory Panel
Community Representative seats had been ranked by the Council, and asked if the
Council wanted to set up interviews for the October 21,2002 Work Session.
MOTION: Council Member Rem moved and Council Member Aplikowski
seconded a motion to appoint the top six candidates to the
TCAAP Advisory Panel.
Mr. Lynch noted the Council had originally told the candidates there was going to
be an interview process, and it would be necessary to communicate with each
candidate about the Council's logic not to hold interviews.
Mayor Probst stated he would like to accept the top four candidates, or interview .
all of the candidates.
ARDEN HILLS CITY COUNCIL - October 15,2002
7
.
Council Member Aplikowski noted if they were going to interview candidates,
they needed to interview all of the candidates.
MOTION: Council Member Aplikowski moved and Mayor Probst
seconded to amend the previous motion to appoint six
candidates to the Advisory Board after interviewing all twelve
candidates
Amendment carried (3-2). (Mayor Probst, Council Members
Aplikowski and Rem - Yea. Council Members Larson and
Grant- Nay.)
Original Motion failed (2-2-1) (Council Member Aplikowski
and Mayor Probst - Yea. Council Members Larson and Grant-
Nay. Council Member Rem - abstained.)
MOTION: Council Member Larson moved and Mayor Probst seconded a
motion to approve the top six candidates plus Sharon Klumm,
who was rated number one by one of the Council Members.
. Council Member Larson noted he did not see the point in interviewing twelve
candidates.
Council Member Aplikowski stated she supported appointing the bottom SIX
candidates as alternates.
Motion failed (2-3). (Council Member Larson and Mayor
Probst - Yea. Council Members Grant, Aplikowski, and Rem -
Nay.)
MOTION: Council Member Grant moved to appoint the bottom SIX
candidates as alternates.
Motion failed for lack of a second.
Council Member Rem noted Mayor Probst did not call for a second to the motion.
.
MOTION: Council Member Grant moved and Council Member Rem
seconded a motion to appoint the top six candidates to the
TCAAP Advisory Panel, and to appoint the bottom six
candidates as alternates.
ARDEN HILLS CITY COUNCIL - October 15, 2002
8
The motion carried (4-1). (Mayor Probst - Nay.)
.
Council Member Aplikowski stated she would like to see a small business owner
appointed as a Business Representative in addition to Guidant Corporation.
C. Metropolitan Council Redistricting Proposition
Mr. Lynch explained the State was required to redraw boundaries for each of the
Metropolitan Council Districts. He noted the Metropolitan Council had provided
three options for consideration: Alternative 1 aligned Arden Hills with the
surrounding communities of Shoreview, Mounds View, New Brighton, and
Vadnais Heights. Alternative 2 aligned Arden Hills in a district with a portion of
the City of Minneapolis. Alternative 3 aligned Arden Hills with the cities of Coon
Rapids, Fridley and Spring Lake Park. He asked for the Council's
reco1nmendations.
MOTION: Council Member Grant moved and Council Member Larson
seconded a motion to instruct staff to draft a letter to the
Metropolitan Council in support of Option 1, and to propose .
that Roseville, Lauderdale, and Falcon Heights be traded for
Maplewood and North St. Paul. The motion carried
unanimously (5-0).
D. Livable Communities Grant - Metropolitan Council
Mayor Probst noted there was an issue raised at the last meeting regarding the
contract. He indicated he had since looked at this issue and he believed this should
be discussed further.
Council Member Grant noted the Council was led to believe this was a planning
grant with no string attached, but in reading through the contract there was a
clause or two which was of concern to him because it did not leave all of the
planning options open. He stated he did not believe this was in line with the values
of the community.
Mayor Probst noted they had already approved this and he supported their original
decision.
Council Member Larson believed they were making a mountain out of a molehill
and suggested they let the planning process occur.
.
.
.
.
ARDEN HILLS CITY COUNCIL - October 15,2002
9
Council Member Rem stated she also had a concern regarding the requirements of
the contract, and noted the Council had not agreed to support the requirements of
the contract.
Council Member Aplikowski asked if they needed the grant to continue the
process. Mr. Parrish replied they would have to amend their budget to make up the
difference, or utilize the City funds. He stated they had other alternatives in the
event they did not have it.
Council Member Aplikowski stated she was against the premature planning they
had experienced and the mandates of the contract.
MOTION: Council Member Grant moved and Council Member
Aplikowski seconded a motion to extend the Council meeting
until 10:30 p.m. The motion carried unanimously (5-0).
Council Member Larson stated if the Metropolitan Council did not agree with the
planning process in the end and wanted the money back, then they would give the
money back, but he supported going forward with the planning process.
Mayor Probst indicated the Metropolitan Council was not going to go away and
stated they needed to work with them. He noted if they did not accept this grant, it
would impair the City's ability to obtain grants in the future. He urged the Council
to stay with their original decision.
MOTION: Council Member Grant moved and Council Member
Aplikowski seconded a motion to authorize the City
Administrator to return the grant money back to the
Metropolitan Council.
Mr. Lynch noted they had not actually received any money at this point. Mr.
Parrish replied they had not executed the contract yet.
Council Member Aplikowski stated they did not need the grant money, and she
did not believe they should tie themselves to the Metropolitan Council more than
they were already required to be.
Council Member Grant noted the Vento Plan did not address mixed use or high
density and the City had agreed to follow the Vento Plan.
ARDEN HILLS CITY COUNCIL- October 15, 2002
10
Mayor Probst stated he believed they were better off partnering with the .
Metropolitan Council.
Council Member Rem noted they should be partnering with the residents and
businesses in Arden Hills.
Council Member Rem noted she would be comfortable with signing the contract,
only ifit was the Council's understanding that the money may need to be returned,
ifit did not meet the contract requirements ofthe Metropolitan Council.
Mr. Lynch noted the contract did not require any of the Metropolitan Council's
concerns, but instead "encouraged" the City Council to consider certain
suggestions. He noted nowhere in the contract did it address mixed use or high
density.
Council Member Grant called the question.
Motion failed (1-3-1). (Council Member Grant - Yea. Mayor
Probst and Council Members Larson and Rem - Nay. Council
Member Aplikowski - Abstain.) .
10. CITY COUNCIL REPORTS
Council Member Grant had no comments.
Council Member Larson had no comments.
Council Member Aplikowski stated she came being prepared to stop the pumping
on Karth Lake, so hopefully they could resolve that issue to the benefit of
everyone. She requested staff put on the agenda for the 28th Work Session a
discussion of AMM Policy Recommendations.
Council Member Rem stated there was a recent article in the Pioneer Press
regarding a comment she made. She clarified her comments.
Mayor Probst updated Council on a recent meeting with Guidant and requested a
future Work Session discussion regarding Guidant's proposal for the park
dedication fee.
RECESS
.
.
.
.
ARDEN HILLS CITY COUNCIL - October 15,2002
11
Mayor Probst adjourned the Regular City Council Meeting meeting at 10:31 p.m.
Dennis Probst
Mayor
Joe Lynch
City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, October 28, 2002 at 7:00 p.m. at
the Arden Hills Council Chambers.
.
.
.
~
~
EN HILLS
MEMORANDUM
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Terry Post, City Accountand/~
Claims and Payroll
DATE:
October 24, 2002
TO:
FROM:
SUBJECT:
Agenda Item 3.A
Attached:
Claims
Payroll for period 10/5/02 - 10/18/02
.
.
.
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 10/28/02 COUNCIL MEETING
PAGEIOF3
CLAIMS PAID SINCE LAST COUNCIL MEETING 110/151021
:<CK.:~:,: Icklii<tt' ">> <~I (jpliiimNtS:
21940 10/17102 Stanton Group 166.67 Davcate Re:imbursemCilt .10/04/02
21941 10/17/02 Linda & Bob Lockman 160.00 PUti1DkiiI Htint-Clown & Face Painter
21942 10117/02 MRPA 300.00 2002 Annual Conference-M. Olson
21943 10/17/02 Lake Country Chanter 175.00 Noy 2002 Seminar-E. Nordeen
21944 10/17/02 Visu-ScwerClean& Seal, Inc. 65,624.57 PaY #l-2002WatermainlSan Sewer Rehab
21945 10117/02 T A Schifsky&Sdns, Inc. 83,322.60 Pay #1-2002 PMP
21946 10/17/02 MN Mutual Life 256.30 Noveniber Life Insurance
21947 10/17/02 Health Partners 581.66 Dental Insurance-November
21948 10/17/02 Lakes COUirlTy Service Cooperative 4,815.63 Insurance-November
21949 10/17/02 Xcel Energy 1,076.82 September Service
21950 10/21/02 Dryden Excavatin.l!:. Inc. 65,755.00 2002 Storm Drainage Imnroyements- Final Pay
21951 10/22/02 Affinity Plus Federal Credit Union 4,998.87 Second October Payroll
21952 10122/02 ICMA Retirement Trust-457 2,380.58 SecOlid October PaYroll
21953 10122102 StantonGroup 166.67 Daycare Reimbursement 10/24/02
21954 10122102 MNDNR 90.00 Firearm Safety 9125/02
21955 10/22/02 Central Rental 37.28 Pumpkin I-Iunt- Helium Rental
21956 10/22/02 Country Sun Farms 80.00 Pumpkins_for PUIDPkin.Hunt
21957 10/22/02 Dave Stherbel 1,245.82 CoilfereIi.ceExpeIiSe Reimbursemeui(Lbd.ItiJi.gIMeals)
21958 10122/02 XcelEne:rgy 1,433.16 September Service
Sublotal- Paid Claims 232,666.63
Paid Claims From Above -
232,666.63
Add Unpaid Claims, Page 3 of 3 -
130988.45
Total Aceotmts Payable Claim..
for Council Approvalt 10/28/02-
363,655.08
Note: Checks for unpaid claims totaling $121,375.77 were mailed on October 16, 2002
after approval at the October 1 S, 2002 Council Meeting. They were check numbers
21879 -21939. This sequence corresponds to unpaid temporary numbers TGI _ 1'61.
Check nlimbers 21877 - 21878 were used for alignment.
,.""~iot<O_p'l"I>J"'."';",.J
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 10/28102 COUNCIL MEETING
PAGE 2 OF 3
UNPAID CLAIMS REGISTER:
i;:;TEM~i{~: ,:: :ii'~~ijAn:: '.;:::~-ENDriR: ::: "
. '<"""""""'~> >CdMM'Em;S>>'
.....-'.........-....-.-......,..........
. ..........,.,.:.;.:-:-;.:.:-:.:-:.,.:.;-:.:<.,.:..
....................
TI J 0/29/02 Abrahamson, Lisa 121.00 Refund-Piano Playhouse
T2 10/29/02 . ADT Security Services, Inc. 1.752.78 Security Service-CH-IlI02 - 10/03
Tl 10/29/02 Aero Dranerv & Blind 9,691.50 Custom Shades-City Hall
r4 10/29/02 American Planning Association 176.00 Membershin Fee.Hellee:ers
T5 10/29/02 AmericanTower Corporation 10,725.00 Arden Tower StriJ.ctural Analvsis
1'6 10/29/02 Aramark Uniform Services 53.94 RUl! Service 10/15 & 10/22
T7 10/29/02 BaMer Meter, Inc. 2,662.50 Trace Mini-Mobile Service Ai!reement
T8 10129/02 Barblito- Finn, Gina 30.00 Refund-Ca-,Roc Soccer
T9 10/29/02 Beisswenller'sHow To Store 28.20 FlOOT Cleaner/Tane Measure
TlO 10/29/02 c;mlto, Cluistine 240.50 Dance Instructor
Tll 10/29/02 C~rate Express 967.66 Office SuppliesJConv Paner
Tl2 10/29102 D2 Services, Inc. 349.60 Repair Lift #2 Controls/Sensor
Tl3 10/29/02 Dahl--;;'-eu Shardlow & Uban 17,155.70 TCAAP-Ptof Services 9/28/02
T14 10/29/02 Davies Water Equipment 2.371.98 Water Maintenance Sunn:Jies
T15 10/29/02 E-Z Rec-;;;:]ing, Inc. 4.855.00 October Service
Tl6 10129/02 Fra-Dor Black Dirt & Recycle 95.85 10 Yds. BlackDirt
Tl7 10/29/02 Fraltallone's Hardware 108.44 October Purchases
Tl8 10/29/02 Grai~er,Inc. 141.38 1/2 HP Sump Pump-Lift #5
Tl9 10/29/02 Gunderson, T eri 121.00 RefUild~Piano Playhouse
T20 10/29102 H & L Mesabi, Inc. 128.87 Snow Plow Blades
T21 10/29/02 Ha.rMar Lock & Service 151.57 (J2)PadIocks
T22 10/29/02 Home D"""ot 276.70 Hand Rails-Parks
T23 10/29/02 Hvdro Lo.nc 54.62 Plumbing Supplies-CH
T24 10/29/02 Hvdro Sunr,ly Comoany 136.35 M70B Meler w/Connection
T25 10/29/02 ICI Dulux Paint Center 451.72 Field Marking Paint
r26 10/29/02 Ideal Advertisine: Promo Items 378.50 2002 Unifotm Ptrrchli.<;e
T27 10/29/02 Jacobsen, Kara 94.00 Refund-Piano Playhouse
T28 10/29/02 Kath Auto Parts 812.51 October Purchases
T29 10/29/02 Met Council Environmental Services 49,113.90 November Sewer Charpe
TlO 10/29/02 Midwest Asphalt CorPoration 319.93 Road Repair Materials
Tll 10129/02 Midwest Vending,Inc. 108.70 PODM W orksession.sJMeetil\l~.s
T32 10/29/02 MN DC Fund 1,508.00 Unemployment Comp-SS
Tl3 10/29/02 Morton Salt 7,085.06 Winter Salt~Streets
TJ4 10/29/02 Nap-el. John 121.00 Refund-Piano Plavhouse
n Total - U noaid Claims 112389.46 II
WIoIyl.....-"',...,""'Ia...,
.
.
.
.
.
.
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 10/28/02 COUNCIL MEETING
PAGE 3 OF 3
UNPAID CLAIMS REGISTER,
. . . . ..I<:il<:cMtlV ,<""<><"""""',,,,,"':k'M(@N:t':':
T35 10/29/02 NCPERS Gratin Ufe Ins. 60.00 PERA Life-Noveinber
T36 10/29/02 Nelson Cheese Factorv 419.76 CC Worksession!Election Meeting
_:r37 10/29/02 Newman Traffic Si~s 54.33 Street Shms
T38 10/29/02 Ndrthem Traffic Sunnlv 223.65 6) Stou Sims
T39 10/29/02 Nosek; Matv 120.00 October Newsletter
T40/T41 10/29/02 Peterson, Frain & Berman 5.939.41 Leeal F:ees-Seotember
T42 10/29/02 Pro Staff 1.756.17 Temu"Office Subuort Suec- WE 10/06 & 10/13
T43 10/29/02 Ramsey COWItv 2.767.24 Suec Assess ChareesJStreet PaintirtlllFue1
T44 10/29/02 ReddCll, Mollv 89.00 Rcfund~Piano Playhouse
r45 10/29/02 Reed, Fred 76.48 2002 Uniform Purchase
T46 10/29/02 Roseville Parks & Rec 18125 Field Trio Transnortation
T47 10/29/02 RoseviIle, Citv of 3.333.34 SCllVOct-JPA-MIS
T48 10/29/02 S & S Worldwide 225.99 Ptiiritikin Huilt Sunnlies
T49 10/29/02 Samuelson, MaTV 178.00 Refund-Piano Plavhouse
T50 10/29/02 Saxe, Pete 21.77 2002 Unifoirn Purchase
T51 10/29/02 Schif..;:;h. Mike 38.75 2002 Uniform Purchase
T52 10/29/02 Shoreview, Citv of 60.00 Sunersitter Prol!:ram 15 {@ $4.00
T53 10/29/02 Stennin';ston'e Theatre 735.00 Theatre Classes
T54 10/29/02 Target Stores 68.61 Storat!e Bins
T55 10/29/02 Team Labotalorv Chemical Com. 1,400.51 Lift Station Dettreaser.(55 GaD
T56 10/29/02 Timesaver Off-Site Secretarial 769.00 Recording Secretarv 9/24& 10/15/02
T57 10/29/02 WearPllard 73.73 2002 Uniform Purchase
T58 10/29/02 Winkel, David 7.00 2002 Uniform Purchase
Subtotal, Page 3 of 3 - 18,598.99
Page 20f3 BTOUt!ht Forward _ 112,389.40
, Total UnDaid Claims --- 130,988.45
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'L'\~ HILLS
MEMORANDUM
DATE:
Agenda Item: 6.A
October 24, 2002
TO:
Mayor and City Council
Joe Lynch, City Administrator
FROM:
Peter Hellegers, City Planner
SUBJECT:
Planning Case #02-26, Oppidan, Inc.
Planned Unit Development Amendment
3673 Lexington Avenue
ENCLOSURES:
1. September 10, 2002 Letter from Applicant
2. Planning Commission Meeting Minute Excerpt
3. September 26, 2002 Memo to Planning Commission
Request
The applicant is requesting an amendment to a previously approved Master and Final Planned
Unit Development for the purpose of a 4,500 square foot expansion to the rear of the Shannon
Square Shopping Center.
Deadline for Ae:encvActions
The City of Arden Hills received the completed application for this request on September 12,
2002. Pursuant to Minnesota State Statue, the City must act on this request by November 11,
2002 (60 days), unless the City provides the petitioner with written reasons for an additional 60
day review period. The City may with the petitioner's consent extend the review period beyond
the 120 days.
Ootions
1.
2.
3.
Recommend approval as submitted. (4/5's Vote Required)
Recommend approval with conditions. (4/5's Vote Required)
Recommend denial. If the City denies the petitioner's request, "...it must state in writing
the reasons for the denial at the time that it denies the request."
Table for additional information.
4.
.
.
.
Page 2
October 24, 2002
Planning Case #02-26
Planninl! Commission Recommendation
In Planning Case #02-26, the Planning Commission recommends that the proposed Master and
Final Plan Planned Unit Development amendment be approved with the following conditions:
1. The applicant negotiate an easement with the neighboring property owner for a Fire
Access drive around the rear of the building.
2. The applicant construct and maintain an access drive around the rear of the building as
per the Lake Johanna Fire Inspector's approval.
3. All necessary building permits are approved by the Building Inspector pnor to
construction.
IiiI
.
OPPIDAINI
Builder o[ towns, Creator of value.
5125 COUNTY ROAD 101 . #100 . MfNNETONKA, MN 55345 . PHONE: 952/294-0353 . FAX: 952/294-0151 . WEB: www.oppidan.com
September 10, 2002
Mr. Aaron Parrish, City Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112-5794
RE: Amendment to Cub Foods Development PUD
SWC Grey Fox Road & Lexington A venue
Dear Aaron:
This letter is intended to serve as a narrative review of the Amendment to the Planned Unit
Development submission for the Cub Foods store at the referenced location.
The development has been approved, as ofthe City Council meeting on Monday September 9,
2002. This request is for the following:
. The addition of approximately 4,500 square feet, in the rear of Shannon Square. This
expansion will be positioned to allow only a 5 foot setback from the property line, at
the very southwest corner of the expansion area.
.
. With the current plan, the parking requirement is 432 spaces and we have 475 spaces,
total on the site. The addition of this. space would require approximately 20 more
spaces, which we already have. Also, with the elimination of the Cub drive-thru
pharmacy lane, we will see a net increase in parking of 12-14 spaces.
Overall, the site is not impacted. We have acceptable parking, greenspace, ponding and area, as
was originally approved. The addition only requires a variance in a small portion of the rear lot,
which is adjacent to a railroad easement area and a driveway and utility easement area. There are
no immediate neighbors who are affected.
We found this modification out a week prior to the final hearing of the City Council. We did not
feel it was appropriate to add at the last minute to the discussion and are now asking for the
amendment.
We took forward to working with the City to a successful completion of this project. If you have
any questions, please do not hesitate to contact me at (952) 294-1243.
PaulJ. T
.
.
.
.
MINUTES
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 2,2002
7:00 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER
Chair Sand called the meeting to order at 7:00 p.m.
ROLL CALL
Present were Commissioners Ken Bezdicek (arrived at 7:23 p.m.), Terri Duchenes,
Megan Ricke, Cathy Smithknecht, Clayton Zimmerman, and Chair David Sand.
Absent: None.
Also present were Council Member Beverly Aplikowski, Council Member Lois Rem,
Director of Community Services Aaron Parrish, City Planner Peter Hellegers, City
Engineer Nick Landwer, and Recording Secretary Kathleen Altman.
APPROVAL OF AGENDA
Commissioner Duchenes moved, seconded by Commissioner Ricke to approve the
agenda for the October 2, 2002 Planning Commission. The motion carried unanimously
(5-0).
APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON
SEPTEMBER 4, 2002.
Commissioner Ricke made the following corrections: Page 6, third paragraph from the
bottom should read: "Commissioner Ricke asked if they had looked at adding alternative
lighting by the ramp area"
The City Planner made the following corrections: Page 2, second paragraph from the
bottom, last sentence to read: "He believed the only option they had at this time was
additional on-street parking". Page 6, paragraph 4, second sentence, should read: "Mr.
Nelson said decks enhanced the value ofthe property".
Commissioner Zimmerman moved, seconded by Commissioner Ricke to approve the
September 4,2002 minutes as amended. The motion carried unanimously (5-0).
Chair Sand expressed condolences to the family of Planning Commissioner Brad Lemberg, who
recently passed away.
PUBLIC HEARING - PLANNING CASE #02-26 - OPPIDAN INC., 3673 LEXINGTON
AVENUE NORTH, AMENDED PLANNED UNIT DEVELOPMENT OF A CUB FOODS
Chair Sand opened the public hearing at 7:03 p.m.
ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002
2
Staff reviewed their report dated September 26, 2002. Staff recommended approval of the .
Amended Planned Unit Development of a Cub Foods and building addition to the
Shannon Square Shopping Center with conditions as outlined in their report.
Chair Sand invited applicant to make comment.
Paul Tucci, Oppidan, Inc., stated they were asking for a variance for the setback to allow
a relocation of the existing Now Bikes and Fitness operation. He updated the
Commission on what the City Council had requested at the last Council meeting.
Commissioner Zimmerman asked where the entrance would be to the Now Bikes and
Fitness space. Mr. Tucci replied that the entrance would be from the southwest front
corner of Shannon Square. The proposed addition would be to the southwest corner at
the rear of the shopping center, creating additional space for the tenant.
Commissioner Zimmerman asked if it was true that they had removed the drive-thru
portion of the pharmacy. Mr. Tucci replied Cub had reevaluated the drive-thru pharmacy
and it made more sense to take it off for this store, which would increase the parking.
Chair Sand asked if the name of Shannon Square would stay the same. Mr. Tucci replied
for the time being it would remain the same.
Chair Sand invited the public to make comment.
.
_ 1076 Islandale (?) Avenue, Shoreview, expressed concern about the traffic issues
with this development.
Chair Sand closed the public hearing at 7:13 p.m.
Commissioner Zimmerman moved, seconded by Commissioner Ricke, to approve
Planning Case #02-26, Oppidan, Inc. Planned Unit Development Amendment with the
following conditions and recommendations:
I. The applicant negotiate an easement with the neighboring property owner
for a Fire Access drive around the rear of the building.
2. The applicant construct and maintain an access drive around the rear of the
building as per the Lake Johanna Fire Inspector's approval.
3. All necessary building permits are approved by the Building Inspector
prior to construction.
The motion carried unanimously (5-0).
PUBLIC HEARING - PLANNING CASE #02-25 - GUIDANT CORPORATION, 4100 .
HAMLINE A VENUE NORTH, PLANNED UNIT DEVELOPMENT MASTER PLAN
AND PRELIMARY PLAN
Chair Sand opened the Public Hearing at 7:15 p.m.
.
.
.
~
~ILLS
MEMORANDUM
DATE: September 26, 2002
TO: Planning Commission
FROM: Peter Hellegers, City Planner
SUBJECT: Case #02-26
Oppidan, Inc.
Planned Unit Development Amendment
Request
The applicant is requesting an amendment to their existing Master and Final Plan Planned
Unit Development to add approximately 4,500 square feet to the rear of the Shannon
Square Shopping Center.
Overview
Surrounding Area
North
Industrial
South
Commercial
East (Shoreview)
West
Industrial
Site Data
3-4: Retail Center District
Light / Heavy Industrial
B-2: General Business District
Regional Commercial
N/A
N/A
N/A
B-3: Service Business District
Heavy Industrial
Industrial
Community Commercial/Heavy Industrial
B-3: Service Business District / PUD Overlay
10.00 acres (436,874 square feet)
N/A
Relatively Flat
Memo to Planning Commission
Planning Case #02-26: PUD Amendment
Page 2 of 4
.
Background
The City Council approved the applicant's Master and Final Plan Planned Unit
Development with conditjons at their September 9, 2002 meeting. The Master and Final
Plan included the redevelopment of the northern portion of the property for a Cub Foods
store at the southwest quadrant of Grey Fox Road and Lexington A venue, and reworking
the main parking lot entrance for Shannon Square to create better access to both
properties.
The applicant requested the Planned Unit Development Amendment to allow for the
relocation of a tenant, Now Bikes and Fitness, from the future Cub Foods parcel to a
space available in Shannon Square. The current Now Bikes and Fitness space is
approximately 20,000 square feet and contains both a retail and warehouse operation.
However, the space available at Shannon Square is too small to allow to accommodate
both of those operations for the tenant. The addition of 4,500 square feet to the rear of
the shopping center would create a total space of approximately 9,000 square feet and
allow the tenant to maintain their retail operation and some of their warehouse space.
Site Plan Review
1.
Setbacks - Does not meet setback requirement.
.
The most significant issue with this request is the lack of adequate rear/interior
setback. The required rear and interior setbacks in the B-3: Service Business
District are 20 feet each. If approved the amendment to the planned unit
development would have a building located 5 feet from both the rear and interior
side setbacks.
Fire protection regulations require a 20 foot wide access drive around the entire
building. A building located only 5 feet from the property line undoubtedly
produces some concern over how the applicant would be able to meet this Fire
Protection requirement. However, the applicant has stated that they have worked
out an easement with the neighboring property owner that will allow an access
drive around the building that would meet the requirement. Staff has included as
conditions for approval; that the applicant negotiate an easement for the fire
access drive with the neighboring property owner, and that the applicant establish
an access drive which is approved by the Lake Johanna Fire Department.
Interior Side Setback
Rear Setback
.
.
Memo to Planning Commission
Planning Case #02-26: PUD Amendment
Page 3 of 4
2. Traffic - No Change from approved Master and Final Plan
Planned Unit Development.
The amendment is for a 4,500 square foot addition to the Shannon Square retail
center. Staff believes that any traffic generated by the building addition will be a
nominal amount.
3. Parking - Exceeds Code Requirement.
The Zoning Code requires that 432 parking spaces be provided for both the Cub
Foods store and Shannon Square. The addition to the Shannon Square building
would require an additional 20 spaces. The approved Planned Unit Development
Master and Final Plan showed 475 parking spaces. Furthermore, with the
removal of the Cub drive-thru pharmacy lane the applicant anticipates an
additional 12-14 spaces.
Master and Final Plan 432 475
PUD
Master and Final Plan
. PUD after 432 487-489
elimination of drive-
thru hannacy
Proposed PUD 452 487-489
Amendment
4. Lot Coverage - Exceeds Code Requirement.
The B~3 Service Business District requires no more than 40% of the lot be
covered by structure. The proposed building footprint is 94,303 square feet
(68,566 square feet for the Cub; 25,737 for Shannon Square with the addition),
while the parcel is 436,874 square feet. This results in 22% of the lot being
covered by structure, or approximately half ofthe code requirement.
5. Landscape Lot Area - No Change from approved Master and Final Plan
Planned Unit Development.
The proposed amendment would involve a building addition into what is currently
asphalt. The result is no reduction in landscape area from the approved Master
and Final Plan Planned Unit Development.
.
Memo to Planning Commission
Planning Case #02-26: PUD Amendment
Page 4 of 4
.
Staff Recommendation
In Planning Case #02-26, staff recommends that the Planned Unit Development
Amendment be approved with the following conditions:
1. The applicant negotiate an easement with the neighboring property owner for a
Fire Access drive around the rear of the building.
2. The applicant construct and maintain an access drive around the rear ofthe
building as per the Lake Johanna Fire Inspector's approval.
3. All necessary building permits are approved by the Building Inspector prior to
construction.
Outions
I. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial. If the City denies the petitioner's request, "". it must
state in writing the reasons for the denial at the time that it denies the request".
4. Table for additional information.
Deadline for A!!encv Actions
.
The City of Arden Hills received the completed application for this request on September
12, 2002. Pursuant to Minnesota State Statue, the city must act on this request by
November 11, 2002 (60 days), unless the City provides the petitioner with written
reasons for an additional 60 day review period. The city may with the petitioner's
consent extend the review period beyond the 120 days.
Attachments
I. Location Map.
2. Easement Sketch showing the location of the addition.
.
.
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EN HILLS
MEMORANDUM
DATE:
Agenda Item 6.B.
October 23,2002
TO:
Mayor Denni~Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
Aaron Parrish ~ Community Services Director f!'
FROM:
SUBJECT:
TCAAP Master Planning Advisory Panel
ENCLOSURES:
1. Resolution 02-56 Appointing Members to the TCAAP Master
Planning Advisory Panel
Overview
Based on the responses to the letters sent out by the Council and the previous designation of
Community Representatives, attached is a resolution appointing the full Advisory Panel. We are
still awaiting Mounds View's official representative along with representatives from both
Senator's offices. The first meeting of the Advisory Panel is tentatively set for November
19th,2002.
Requested Action
1. Consider approval of Resolution #02-56 Appointing Members to the TCAAP Master
Planning Advisory Panel.
.
.
.
RESOLUTION NO. 02-56
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPOINTING MEMBERS TO THE TCAAP MASTER PLANNING ADVISORY PANEL
Whereas the federal government has indicated its intent to declare the TCAAP property in Arden
Hills excess property and the city expects a portion of the land to be transferred to the City of Arden Hills
within the next t 8 months, and
Whereas the City of Arden Hills has substantial interest in the long term use of the entire
approximately 2,300 acre site, including the nature and configuration of use of portions of the property
that may be transferred to The Minnesota National Guard, Ramsey County or others, and
Whereas the City is committed to proceeding to master plan the reuse of this site, with the Vento
Reuse Plan completed in t 995 and subsequently incorporated into the Arden Hills Comprehensive Plan
in 1998, as its foundation, and
Whereas the City recognizes that the TCMP and its reuse is of great interest and significance
not only locally, but also for the Twin Cities region, the State of Minnesota and even the federal
government, and
Whereas the City of Arden Hills is interested in conducting an open and inclusive planning
process, characterized by strong and timely communication, the free exchange of information and
numerous opportunities for all stakeholders and interested parties to participate and provide input, and
Whereas the city believes that an Advisory Panel, consisting of representatives from every
identified stakeholder group, or organization, that will review all of the project work products and be
informed about and comment on all of the relevant issues associated with the Reuse Master Plan, and
serve as official liaisons between the process and their group, and
Whereas, the City believes that the Advisory Panel will foster better communication and ensure
that the City Council is fully aware of the all of the relevant input provided by all of the participants,
Be it Therefore Resolved that The City of Arden Hills does hereby officially appoint the
individuals listed on the roster attached as Exhibit A to serve as members of the TCAAP Master Planning
Advisory Panel, for a term anticipated to last approximately 18 months from the date of this adoption.
Adopted this 28th day of October, 2002.
Mayor Dennis Probst
ATTEST:
City Administrator Joe Lynch
Exhibit A
TCAAP Master Planning Advisory Panel Composition
Total Members: 38
Arden Hills Community Representatives:
t. Roger Aiken, 4360 Hamline Avenue
2. David Dudycha, 1226 Ingerson Road
3. Fran Holmes, 1804 Venus Avenue
4. Thomas Mulcahy, 3530 Siems Court
5. Lyle Salmela, 1480 Arden Vista Court
6. Roberta Thompson, 3413 Snelling Avenue N.
Alternates
1. Elwood Caldwell, 1451 Arden View Drive
2. Sharon Klumpp, 1278 Wyncrest Lane
3. Steven Freimuth, t200 Ingerson Road
4. Ray McGraw, 1427 Bussard Court
5. Edward Werner, 1758 Crystal Avenue
6. Gretchen Hesli, 4434 Pleasant Drive
Arden Hills Planning Commission
1. Dave Sand, Chair
2. Clayton Zimmerman, Vice-Chair
3. Terri Duchenes
4. Ken Bezd icek
5. Brad Lemberg
6. Megan Ricke
7. Cathy Smithknecht
Arden Hills Park, Trails and Recreation Committee
t. Rich Straumann
2. Patrick Krenn
Metropolitan Council
1. Roger Williams, District Representative
Minnesota Pollution Control Agency
1 . Dagmar Romano
Department of Natural Resources
1. Kathleen Wallace, Regional Supervisor
2. Joan Galli (Alternate), Non-game Wildlife Specialist
Development Team Representative
1. John Hink, Glenn Rehbein Companies
2_ Kent Carlson, Ryan Company
.
.
.
.
.
.
Exhibit A
COrllmanders Representative for TCAAP
1. Mike Fix, Commander's Representative
Minnesota Department of Transportation
1 . Brian Isaacson
National Guard
1. David Hammernick
Mounds View School District
1. Nick Temali, Director of Community Education
Ramsey County
1. Tony Bennett, Ramsey County Board of Commissioners
2. Ken Haider, Public Works Director/County Engineer
3. Greg Mack, Director of Parks and Recreation
City of Mounds View
Undesignated
City of Shoreview
1. Ady Wickstrom, Shoreview City Council
City of New Brighton
1. Kevin Locke, Community Development Director
2. Matt Fulton (Alternate), City Manager
Rice Creek Watershed District
1. Steve Hobbs, District Administrator
Non-governmental Environmental Organizations
Sierra Club
1. Sharon Stephens
Minnesota Center for Environmental Advocacy (MCEA)
1. Jim Erkel
Arden Hills Staff Liaison
1. Aaron Parrish, Community Services Director
Exhibit A
Congressional Representatives
.
Representative to Rep. Betty McCollum's Office
1. J.D. Burton, Legislative Assistant
Representative to Sen. Dayton's office
Undesignated
Representative to Sen. Wellstone's office
Undesignated
Minnesota Amateur Sports Commission
1. Paul Erickson, Executive Director
Business Representative
1. Richard S. Vogel, Guidant Corporation CRM Vice President of Finance
.
.
,
.
.
.
~
EN HILLS
MEMORANDUM
DATE:
Agenda Item 6. C
October 23, 2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
Aaron Parrish - Community Services Director ftP
FROM:
SUBJECT:
Fireworks Regulations
ENCLOSURES:
I. Ordinance 342 an ordinance modifying chapter 3 of the City Code
regulating fireworks
2. Ordinance Summary
Overview
Attached is the revised fireworks ordinance based on the City Council's comments at their
September 30, 2002 meeting.
Requested Action
1. Consider second reading and adoption of ordinance 342, an ordinance modifying chapter 3 of
the City Code regulating fireworks.
2. Consider approval of the ordinance summary (4/S'hs vote required)
.
.
.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO. 342
AN ORDINANCE MODIFYING CHAPTER 3 OF THE CITY CODE REGULATING
FIREWORKS
Section 342.01. General
Subd. 1. Chapter 3 of the Arden Hill City Code is herby amended to include the addition of
section 370 as outlined in Exhibit A of this Ordinance.
Effective Date:
This ordinance shall become effective the day following its
publication.
Adoption Date:
Passed by the City Council of the City of Arden Hills
the 28th day of October 2002.
ATTEST:
DENNIS PROBST, MAYOR
,"j
~.; ,
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Exhibit A
Section 370 - Fireworks
.
370.01 Definitions. For purposes of this regulation. the following terms shall mean:
Subd. 1 "Fireworks" means any substance or combination of substances or article
prepared for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and includes blank cartridges, toy cannons and
toy canes in which explosives are used, any type of balloon which requires fire
underneath to propel it, firecrackers, torpedoes, skyrockets, Roman candles, daygo
bombs, or other fireworks oflike construction, and any fireworks containing any
explosive or inflammable compound, or any tablet or other device containing any
explosive substance and commonly used as fireworks.
Subd. 2 "Consumer fireworks" means and means any substance or combination of
substanCeS or article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration, or detonation, and includes blank
cartridges, toy cannons, and toy canes in which explosives are used, the type of
balloons \'}'hich require fire underneath to propel them, firecrackers, torpedoes,
skyrockets, Roman candles, daygo bombs, sparklers other than those specified in
paragraph,(c), or other fireworks oflike construction, and any fireworkscontaining
any explosive or inflammable compound, or any tablets or other device containing
any explosive substance and commonly used as fireworks.
A. The term "fireworks" shall not include toy pistols, toy guns, in which paper
caps containing 25/100 grains or less of explosive compound are used and toy
pistol caps which contain less than 20/1 00 grains of explosive mixture.
.
B. The term also does not include wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and
nonaerial and contain 75 grams or less of chemical mixture per tube or a total
of 200 grams or less for multiple tubes, snakes and glow worms, smoke
devices, or trick noisemakers which include paper streamers, party poppers,
string poppers, snappers, and drop pops, each consisting of not more than
twenty-five hundredths grains of explosive mixture. The use of consumer
fireworks is not permitted on public property. This paragraph does not
authorize the purchase of consumer fireworks by persons younger than 18
years of age.
370.02 Permit or License ReQuired.
Subd. 1 Fireworks. No person shall use or display any fireworks, except as provided
herein. Supervised public displays of fireworks by City, fair associations, amusement
parks and other organizations other than the City and fair associations must obtain a
permit for such public displays. Such permits shall allow the use and display of
fireworks for that display only. No permit so granted shall be transferable.
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Exhibit A
A. Application. The application shall state the name and address of the
person who will supervise the display, the name and address of the person
who will conduct the display, the location of the display, and the date and
time of the display.
B. Investigation. The Fire Chief shall investigate each application to
determine whether the operator of the display is competent and whether
the display will be of such a character or will be so located, discharged, or
fired as to be hazardous to any person or property.
C. . Conditions. Every display shall be conducted so as not to endanger any
person or property. Every display shall be conducted in accordance with
all applicable provisions ofthis code, state law, and regulations including
regulations of the State Fire Marshall.
Subd. 2 Consumer fireworks No person shall, directly or indirectly, keep for retail
sale, sell at retail or otherwise dispose of consumer fireworks unless licensed by the
City of Arden Hills. License application shall be submitted to the City of Arden Hills
together with the license fees as determined from time to time by City Council
resolution. A license shall be issued for the specific premises identified in the
application.
A. Application. The applicant shall provide:
(i) The net or gross quantity of explosive material to be kept on the
premises for retail sale or other disposition.
(ii) The interior floor plan of the building showing the place(s) of
storage and/or display.
(iii)The location, type and capacity ofsprinkler(s) and fire
extinguishers.
(iv)A certificate of Insurance indicating the applicant has liability
coverage. The Certificate must demonstrate the insurer has been
notified of the type and quantity of consumer fireworks kept on
the premises.
B. Term. A license shall expire on December 31 s1 of each year.
C. License Restriction. A license shall be issued subject to the following
restrictions:
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Exhibit A
(i) No transient sales of consumer fireworks are permitted.
.
(ii) No outdoor sales, storage or retail display of consumer fireworks
is permittcd.
(iii)Use of fireworks and consumer fireworks is prohibited on
property where sale and/or storage is permitted.
(iv)Smoking is prohibited within buildings where sale and/or storage
of consumer fireworks is permitted.
(v) A list of consumer fireworks kept on the premises shall be
available for inspection at all times.
(vi)Material Safety Data Sheets (MSDS) for all consumer fireworks
kept on the premises shall be available for inspection at all times.
(vii) A minimum of two (2) water-type extinguishers, with
minimum 2 Yz gallon capacity shall be kept within 15 feet ofthe
storage and display area(s).
D. Storage. The licensee shall comply with all applicable provisions of the
State of Minnesota Building and Fire Codes. If there is a conflict between
the regulations of the State and the regulations of the City, the more
restrictive regulation shall control.
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(i) In buildings without an approved automatic sprinkler system, a
maximum quantity of fifty (50) pounds net pyrotechnic
composition or two hundred (200) pounds gross weight, if the
pyrotechnic composition is not known, may be kept on the
premIses.
(ii) In buildings with an approved automatic sprinkler system, a
maximum quantity of one hundred (100) pounds net pyrotechnic
composition offour hundred (400) pounds gross weight, if the
pyrotechnic composition is not known, may be kept on the
premIses.
E. Inspections. The premises shall be inspected at least twice annually by
the Fire Chiefto verify compliance with the terms and conditions of the
license.
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 342
AN ORDINANCE MODIFYING CHAPTER 3 OF THE CITY CODE REGULATING
FIREWORKS
On the 28th day of October, 2002, the Arden Hills City Council adopted Ordinance #342,
and by four affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary
of the Ordinance be published.
The adoption of Arden Hills Ordinance #342 will become effective the day following
publication of the Ordinance Summary.
A copy of the Ordinance is available for inspection by any person during regolar business
hours at the office ofthe City Administrator, 1425 Highway 96, Arden Hills, Minnesota 55112.
ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Publication Date: Published on the 6th of November, 2002.
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MEMORANDUM
DATE:
October 23, 2002
Agenda Item 6.D
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish, Community Services Director
It!
SUBJECT: TCAAP Update
The following highlights pertinellt TeAAP reuse activities since the last Council meeting:
. The next Development Teatn Meeting will take place on Tuesday October 29, 2002.
discussion will be an update on the Phase I planning being completed by DSU.
The focus of
· Letters were sent to Comtnunity Representatives indicating their appointment to the Advisory Panel.
· For Council's reference, staff has attached excerpts of the TCAAP Framework Plan. I have placed asterisks
next to those principles that are commonly associated with Smart Growth. In addition, I have included
excerpts from the City's Comprehensive Plan outlining sections that pertain to TCAAP.
· DSU has prepared a draft newsletter for distribution to the community. A draft of the "TCAAP Bulletin"
has been attached for your reference.
· I have attached information printed from an internet discussion group for the Council's reference. The
comments pertain to the wildlife corridor.
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III. Goals and Evaluation Criteria
In Chapters I and D of this report, a picture of current (1995) conditions was presented and assesoeA These two chapters
provide a snapshot ofTCAAP at roughly the time of its excessing by the federnl goveromenl
The next 1ogica1 step in the planning program was to deternrine what the community wants TCAAP to be in the future. This
type of goa1-setting was essential to provide guidance to the preparation of alternate reuse plans and development of reuse
policies.
A. Goals For Reuse of TeAAP
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Prior to developing alternate plans for TCAAP, the Task Force and City Counci1 engaged in a visioning exeroise. This
exercise explored five critical questions:
(1) What are the best things about Arden Hills? These might be the reasons you moved here, of qualities you
admire, or what is unique and positive.
(2) What are the worst things about Arden Hills? These items might be things that are lacking. of poor quality, or
worrisome for the future (e.g.. stagnant lax base).
(3) What's your vision ofTCAAP, 20 years from now? What qualities should it have? What should it .eprescnt to
the City of Arden Hills? Examples might include 'a new type of community". 'a major lax generator", 'a
regional recreational center", etc.
(4) What goals must be set if we are to achieve the vision?For example, if one vision ofTCAAP is "a regional
recreation center". appropriate goals might include setting aside a large amount of open space, selling up a
system of greenways for trails, working with the MN Amateur Sports Commission and/or Ramsey County
Parks, etc.
(5) What ideas do you have that might help the City achieve its vision? To return to the "recreation center" vision,
ideas might include cross-country skilbike trails throughout the site, !Ill equestrian center, a speed-skating rink,
a hockey arena, or many other items.
The outcomes of this exercise were combined with ideas for resolving site-based issues and with professional planning
judgment to create a draft list ofTCAAP reuse goals. Over the course of three Task Force meetings, these goals wererefined
into the list that appears here.
Land Use
Ui Create identifiable neighborhoods and neighborhood units. Discourage creation of'walled" and otherwise exclusive
neigbbodwods.
-\-- U2 Encourage construction of a variety of housing types, particularly those not readily available within the community
now (e.g.. starter housing and housing for seniors), for households with a wide range of incomes.
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TCAAP Fr""""""* Plan
Chapterl11 Pap 1
?t U3 Encourage mixed, multiple and shared uses and bUildings (e.8-, of parking facilities) when possible and when this .
will reduce public costs and ground coverage by impervious swfaces.
14- U4 Create retail. residential and mixed-use areas that are pedestrian- and bicyc1e-<>>iented and minimi?e vehicular
traffic.
US Create an identifiable community core consisting of public uses, which may include a new city ball, public worlcs
garage, community center and such cultural facilities as a natwl: center, librlll)' or historical museum, .as well as
appropriate private uses. If a school will be needed on the TCAAP property, site it within or adjacent to this core.
i\-u' Establish a development pattern that can be readily served by public transportation.
U7 When reviewing development proposa1s, consider them as part of Arden Hills as a whole rather than as stand-alone
schemes. Make sure that new developments integrate with and complement existing development, particularly
adjacent uses. Balance existing land-use deficiencies by setting aside space for needed facilities.
US Accommodate qualified Federal uses in a manner that maximizes the long-term value of the site.
Transportation and Infrastructure
Tt Design and build an inlema1 system of roads that promotes desirable development patterns, is transit-friendly, and
\inks TCAAP to the rest of Arden Hills and adjacent communities as weJl as to the regional transportation system.
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n Encourage use of alternate travel modes. such as biking and walking. by creating pedestrian-friendly environ""",t.
and linking activity centers with trails and other non-vehicular routes.
T3 Reserve sufficient areas and corridors for community infrastructure, including water and sewer service, roads and
streets, parks and (if needed) schools.
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T4 Reuse existing on-site infrastructure to the extent that this is practical and cost-effective.
7< T5 Develop a stormwater management master plan for the site that takes advantage of and enhances such natural and
man-made assets as existing wetlands and the gravel pit
Open Sptu:e and Recreation
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As used in these goals. "open space" means any undeveloped area characterized by vegetative cover or open water, or a
deYeIoped area set aside exclusively for pedestrian use. Open space may include meadows, prairies. forested areas, marshes
and other wetlands. lakes and ponds. creeks and river corridors, lands needing special protection (e.g., steep slopes and
wildlife habitat), sports playing fields (e.8-, golf courses, soccer fields, etc.), trails and trail corridors, cemeteries. plazas,
public 'gardens, amphitheaters, and other 1arge, unobstructed areas.
~ Rt Provide a balance of active and passive public open spaces that respect and take advantage of natoraI site
topography and features.
7\ R2 Develop pedestrian and bike trails lbroughout the site and link them to other trail systems, both within and beyond
Arden Hills. Connect the Rice Creek corridor through the site.
R3 Provide for a mix of public recreation types, including adequate neighborhood parks.
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R4 Seek out and consider for development recreational spaces and facilities that are unique to the community,
acceptable to connnunity residents and anticipate futtD'e demographic needs.
R5 Balance public r=eatiooa1 activities that require fees for use with areas that may be enjoyed for free.
R6 Encourage development of a nature interpretive center on the site.
Economic Development
El Creale a development climate for TCAAP that encourages fonnation and development ofa wide range of job types.
particularly well-paying oonnnercial and industrial jobs.
E2 Encourage commercial development within TCAAP that complements existing commercial (retail and office)
development and expands the economic base within Arden Hills.
E3 MOve, upgrade or consolidate industrial operations that negatively impact on the development cbaracter and value
of the remainder of the property.
ConwlUnity Character and Development Quality
'X Cl Establish design standards and guidelines that encourage good design and development practices.
C2 Revise the zoning ordinance and other land-use regulations to provide the City with the tools it needs to work with
developers to achieve Master Plan goaJs.
C3 Establish a process for evaluating TCAAP development proposals that includes adequate review of site planning
and design, traffic impacts, enviromnental impacts, fisca1 impacts, and othe.- impacts on the community, and that
leads to achievement of community goals.
C4 Require landscaping in keeping with and complemenlaly to the site's natural environmenl
~ C5 Incorporate open space into each private development site.
a; Encourage innovative development practices and land-use solutions that will ....hAIK'P. Arden Hills's reputation as a
high-quality, progressive community and help it meet other TCAAP goals.
FlSCaUFinanciaI
Fl Use a fisca1-impact model to evaluate development proposals and determine both their short-tenD and long-tenD
impacts on the City's budgel
1'2 Set aside sufficient land for tax-generating uses to support public uses and public investments on the site.
F3 Pwsue attractive and appropriate uses that will generate sufficient revenue to balance or exceed the oost of
developmenl
F4 Manage development timing to ensure that oost-generating uses are balanced with revenue-producing uses to
minimi7~ fiscal impacts.
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7CAAPF"""""",,*P/arr
Chap/u IU p..g. J
FS For each development initiative. explore cost-saving and cost-sharing alternatives, such as public-private
partnerships, development clustering, recapture agreements, construction bonuses, joint operation (e.g., of
recreational facilities, with neighboring commwrities and/or Ramsey County), payments in lieu of laKes, etc.
.
FIi To the extent possibte, use open space as a revenue generator for the City of Arden Hills.
F7 Consider revenue sources ftom outside the commwrity and ftom uses on the site to help acquire. maintain and
operate on-site public open space and recreational amenities.
Long-Term Feasibility
These are goals the City must pW'SIIC in order to guarantee the success of the TCAAP plan.
L1 Take advantage of current interest in and concern about the future ofTCAAP to spln'regional and state actions that
will enable the long-tenn redevelopment of the site for the benefit of Arden Hills.
12 Work with the City's Congressional detegation to expedite retease of key federal parce1s.
L3 Charge the PI8IlIIing Commission with overseeing imptementation and updating of the TCAAP Master Plan.
L4 Prolecllong-tenn goa1s for TCAAP by ensuring appropriate zoning for all parcels on the site, regardless of
ownership.
L5 Ensure that the Master Plan has enough flexibility to readily acconunodate market, social, economic, taxation and
technological changes over time. .
LIi Develop a contingency ptan for the short-tenn accommodation of existing industrial uses.
L7 Build comrmmity consensus behind the original Master Plan and continue to keep the commwrity infonned about
the statnsofTCAAP, particularly progress and ..,=."....
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OVERVIEW
The land use plan guides development and redevelopment ofland within the City
and identifies the future location of residential, commercial, industrial, and
public/institutional land uses. It takes into consideration community goals and
poli:cies-m;-well-as-the-ldatiuu,llil-" l,d"'GW adjacent lallds. Although each
element of the Comprehensive Plan is important, land use issues are the most
significant because of the direct impact they have on each property as well as on
transportation, utilities, parks and open space.
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Arden Hills is bordered by Interstate 35W to the west, County Road I to the north,
Lexington A venue to the east and partially by County Road D to the south (See
Map 3.1). Highway 96, Interstate 694 and Snelling A venue/Highway 51 extend
across the community. The natural features ofthe land, including the lakes, hills,
and views provide an attractive setting for residential neighborhoods. Excellent
access to major roads and a central location in the Twin Cities area attracted high
quality businesses and industries, and Arden Hills has become a major area for
employment.
All of Arden Hills is entirely within the Metropolitan Urban Service Area
(MUSA). The southern two-thirds ofthe City is essentially fully developed. The
Twin Cities Army Ammunition Plant (TCAAP) occupies the northerly one-third
of the City's total land area. The plant is approximately 4 square miles (2,370
acres) in size and is located north of Highway 96. It is anticipated that this land
will be released by the federal government over the next 20-plus years.
/
Because of its size, TCAAP's development will have a tremendous impact on the
future development and character of the City. In 1995-96, two committees, the
Arden Hills Task Force and the Vento TCAAP Reutilization Committee, worked
collaboratively to develop a general land use plan for reutilizing the TCAAP area.
The TCAAP Framework Plan is incorporated herein.)t includes preserving
nearly one-half of the land in its natural state, as wel1 as planned public parks, a
large area of mixed residential and mixed business uses and a Civic Center area
for a new City Hall and community park. Detailed planning for development of
the TCAAP area will be undertaken in an Implementation Study, slated to be
accomplished in 1999 (phase II Implementation Study).
The intent of Arden Hills' land use element is to maintain the existing residential
neighborhoods of the City, strengthen and define the City's commercial and
industrial areas, and incorporate the TCAAP Framework Plan into the City's on-
going long range planning.
City of Arden Hills Comprehensive Plan - 1998
Land Use
Page 15
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II.
GOALS AND POLICIES
"All of the goals and policies of the Comprehensive Plan relate to land use;
following are the ones that relate most specifically to land development and the-
development ofthe TCAAP area:
Goal: Maintain Commercial and Industrial Land Use Mix
1. Maintain a strong employment and a broad tax base.
2. Allow isolated commercial uses on significant intersections if justified by
market and circulation studies, and ifit can be shown they will interface
appropriately with adjacent land uses.
3. Encourage industrial uses with low nuisance characteristics.
4. Require all commercial and industrial development to meet development and
design standards and be appropriately integrated with surrounding land uses.
J
Goal: Create a Civic Center Area within TCAAP
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"I. Create an identifiable Civic Center area consisting of public uses, which
includes a new City Hall, Community Park and other cultural facilities.
2. Establish a design theme for the area.
3. Design and build a Community Park in the Civic Center area.
4. Connect the Civic Center area by linking trails to other areas throughout the
community.
Goal: Develop TCAAP Area
1. Pursue special federal legislation that will require TCAAP to be excessed and
redeveloped in accordance with the TCAAP Framework Plan.
2. Finalize the acquisition and development of the City Hall site.
3. Develop the TCAAP land sequentially as it is released, with integrated land ~
uses according to the TCAAP Framework Plan. J
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City of Arden Hills Comprehensive Plan - t 998
Land Use
Page 16
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4. Utilize the goals and policies in the TCAAP framework plan for specific
development plans and programs.
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5. Prepare detailed development guidelines governing the nature and quality of
the parks and open space areas.
6. Adopt new zoning districts to protect the TCAAP area from precipitous or
arbitrary development.
7. Develop a master plan for the Civic Center and Sunfish Lake areas.
8. Work with Ramsey County and Minnesota National Guard to better define the
size, location and configuration of a potential joint maintenance facility to be
compatible with the Civic Center area.
9. Work with Metropolitan Council and other regional and state agencies to
resolve any system related impacts.
10. Continue to pursue outside funding for more detailed planning and general
assistance in dealing with the excessing process, such as funding for the joint
maintenance facility.
II. Remain in constant communication with the City's legislative and
congressional delegations Army Materials Chemical Compound Operation
Materials (AMCCOM - US Army), Alliant Techsystems, Minnesota National
Guard, US Army Reserve, US General Services Administration and others
regarding the TCAAP area.
12. Complete the TCAAP Phase II Implementation Study to provide detailed
information for decisions on development of the area.
LAND USE DESIGNATIONS
There are eleven (11) general planning designations within the City: four (4)
Residential categories, Neighborhood Business, Commercial, Mixed Business,
Industrial, Public & Institutional, Parks and Park Preserve.
Residential
There are four designations for varying residential density land uses: low density,
. medium density, high density and mixed residential.
Page 17
City of Arden Hills Comprehensive Plan - 1998
Land Use
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TWIN CITIES ARMY AMMUNITION PLANT AREA (TCAAP)
EXISTING AND FUTURE LAND USE
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The Twin Cities Army Ammunition Plant (TCAAP) area occupies one-third of
the total land area of the City. It is approximately 4 square miles or 2,370 acres
and is bounded by Highway 96 on the south, HIghways 10 and 3) W on the west,
Lexington Avenue on the east and County Road I on the north. The land is
anticipated to be released by the federal govemment over the next 20-plus years.
Because of its size, its development will have a tremendous impact on the future
development and character of the City. See Map 3.1 for existing land use and Map
3.2 for future land use.
A master plan, the TeAAP Framework Plan, was created for the area in 1995-96;
the general concept reflects the overall values of the community. The acreage
devoted to various land uses has been changed from the 1982 Comprehensive
Plan as follows:
Changes in TCAAP Land Use Designations
Table 3.2
Land Use 1982 ComDrehensive Plan 1998 Comprehensive Plan
Residential 970 445
CommerciallIndustrial 500 222
Open Space/Parks 805 1,488
Institntiona] 95 215
Total 2,370 2,370
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The TCAAP area will be excessed (released) in portions. A second study, the
Phase II Implementation Study will be undertaken in 1999. This study will
provide much more detailed and specific information on land uses, housing,
transportation and utilities.
Portions of the TCAAP site may be used for interim uses in accordance with the
Framework Plan. The City intends to take direct action to prevent interim uses
that do not follow the guidelines and stated objectives of the TCAAP plan; a legal
easement, covenant or agreement to protect the Park Preserve will be pursued.
In summary, the TCAAP area will provide for:
o AI, 100 acre park preserve
o Preservation of the Rice Creek Corridor
o A city park, north of the Army Reserve Center along Lexington Avenue
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City of Arden Hills Comprehensive Plan - 1998
Land Use
Page 24
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o An athletic facility to be operated cooperatively with adjacent units of
government
o An area designated for active and passive recreation, which may be put to
any of a large variety of uses, depending on demand and available
resources at the tillle of d~v~l()pment
o A government center that would encompass Sunfish Lake and the City
Park, as well as a civic campus and interpretive center for the open-space
preserve
o A Civic Center that would include a small retail center, a school, semi-
public facilities (e.g. churches) and some rnid-to-high-densityhousing
o Two sizable residential communities
o Two large commercial/office/industrial areas
o An institutional site, which will house a joint City/County/National Guard
Maintenance facility
The following nine (9) land use determinations were made by the Vento TCAAP
Reutilization Committee and are paraphrased as follows:
1. Open Space - Approximately 1,100 contiguous acres of land is designated for
park preserve. The land includes the area east of Ham line Avenue (extended)
incorporating Sunfish Lake lying north of the existing service road that
parallels Highway 96. The southern extension of the kame will be
incorporated into this area and preserved as a natural amenity. Existing uses
of the open space by the National Guard and other Reserve units for training
are viewed as compatible.
In addition to the park preserve, the Rice Creek Corridor will be preserved as
a County Park with sufficient adjacent land area to protect significant natural
resources, provide for wildlife movement and include trails as a segment in
the Regional Trail Corridor. The Rice Creek Corridor will incorporate the
entire Oak Forest area lying south ofthe Minnesota Department of
Transportation maintenance facility and will be integrally linked with the park
reserve.
The Marsden Lake area will be incorporated into the open space proposed for
the site and protected. The wetlands comprising Marsden Lake are beautiful
and crucial to maintaining water quality and wildlife.
The prairie pothole formation on the northern portion of the property is a
valuable testament to the geologic heritage of the region. As such, the area
will be protected as part of the planned open space, to be preserved for the
enjoyment of all.
City of Arden Hills Comprehensive Plan - 1998
Land Use
Page 25
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The central portion of the TCAAP site provides an opportunity to protect
some unique features, including the kames and the Desmodium illionense
(Illinois Tick-treefoil). This area includes the gravel pit, which has been
carved into a portion of one of the glacial kames. This primarily upland area
- .-wiU-btl-in&luded in thtl planntld Op6R cpace, in conjlJllCtioll ,,<it" Marsden Lake
to the east and a corridor leading to Rice Creek to the west as part ofthe larger
contiguous open space area.
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2. Recreation - Approximately 70 contiguous acres is designated for a joint
recreation facility that can be used and supported by the broader community.
The location for the joint community athletic complex is within the northern
portion of the property, surrounded to the southeast, south and west by open
space, and to the north by Institutional land, and to the northeast by housing.
At least 25 contiguous acres ofland are designated for a community park for
the City of Arden Hills in the Civic Center area. Until such time that the
property becomes excessed, the general public will be allowed access to the
facility for outdoor recreational activities in appropriate areas. An
historic/nature interpretive center may be developed on the site.
Buffer zones are needed between the residential areas and critical areas of the
park preserve. These buffer zones, approximately 180 acres, could be used for
either passive natural areas or active recreation.
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3. Housing - Approximately 400 acres is designated for the development of
residential housing. Housing will be constructed in locations that do not
impinge on the natural resources to be protected. Housing will be located as
shown on the Future Land Use Map (Figure 5.2), generally situated on the
northern portion of the property, abutting County Road I, east of the proposed
institutional land, and abutting the joint community athletic fields.
Housing may also be located on a portion ofland between commercial!
industrial! office space development and the buffer zone designated as
"active/passive recreation." It may extend all the way down to Highway 96 in
the south.
Future population and other circumstances may dictate a need for more
educational space. If the need develops for greater educational space, school
development will be designed in such a manner as to minimize the amount of
land needed, to use the features of the land to encourage that it does not
inmnge upon nor use open space.
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City of Arden Hills Comprehensive Plan - 1998
Land Use
Page 26
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4. Economic Development - Commercial, office and industrial development
opportunities will benefit the surrounding communities and the larger
metropolitan area. Approximately 200 acres are designated for the
redevelopment of Office, Commercial, and/or Industrial uses adjacent to
Interstate 35W, US Highway 10 and State Highway 96.
5. Integration - Transportation, governmental, educational and recreational
services will be integrated with the adjacent communities where possible.
Multiple and shared uses, buildings, and facilities will minimize infrastructure
costs and impervious areas on the site. A joint maintenance facility is planned
along the Highway 10 or 96 corridor. The City of Arden Hills will obtain and
use the land south of the service road on the south side of Sunfish Lake to
construct a City Hall and Civic Center area.
6. Infrastructure - The infrastructure system will be designed and constructed to
minimize the negative effects on the environment, protect the East-West
Corridor and the migration of animals between Rice Creek and the Park
Preserve, and provide for the development requirements of the site.
Stormwater retention ponds will be kept within the developed areas of the site,
outside of designated open space. Developers will retain responsibility for
locating these ponds within their own development areas. Existing on-site
infrastructure will be reused to the extent that it is practical and cost-effective.
Transportation for the site will be designed and built in a manner that is
sensitive to the environment. It will include an internal system of roads that is
transit mendly. The transportation plan will link TCAAP to the rest of Arden
Hills and adjacent communities as well as to the regional transportation
system. Trails will allow alternate travel modes, such as biking and walking,
by linking activity centers.
7. Railroad right-of-way - The railroad right-of-way extending from TCAAP to
Long Lake Regional Park will be preserved as a regional trail connection.
Trails within TCAAP will connect this trail segment with the Rice Creek
Regional Trail and the proposed park reserve.
8. Fiscal - Specific attention will be paid to the fiscal impact on the City of
Arden Hills and the surrounding communities. Development will be managed
to ensure, to the extent possible, that cost-generating uses are balanced with
revenue-producing uses to minimize fiscal impacts.
9. Sustainability - The use and development of the TCAAP area should foster a
balanced approach to community structure and function, environmental
values, and economic opportunities and constraints.
City of Arden Hills Comprehensive Plan - 1998
Land Use
Page 27
J
J
)
w
I.
OVERVIEW
This chapter establishes the city's housing goals and policies along with providing
a brief description of the current housing stock and future housing needs. The
City realizes that housing conditions and the type of housing stock in a
- connnunity has a tremendous impact UII p' up'" I yvalu"s dud the quality of life-it)!
its ci tizens.
Arden Hills is a fairly mature, stable community. The city is fully developed,
except for the TCAAP area. Three (3) vacant residential properties of small size
exist in the city, south of Highway 96. These three parcels are approximately 23
acres (southeast corner of Highway 96 and Snelling avenue), 7 acres (southwest
comer of Old Highway 10 and Parkshore Drive), and 5 acres (south of Katie
Lane) in size.
The challenge for the city is to maintain the strong housing values and
neighborhood identity that now exists. Maintenance and enforcement of city
codes help to retain property values. Although home improvements are generally
dependent on the homeowner, the City can encourage individual reinvestment in
the housing stock by providing good services and facilities for parks, roads,
schools, police, and fire protection. These services and facilities create the
foundation for high quality of life in the City's residential neighborhoods.
City zoning and subdivision ordinances also have an impact on housing types and
neighborhood character. In the TCAAP area, entire new neighborhoods will be
created. Nearly 450 acres will be developed as new neighborhoods with a variety
of housing. It is anticipated that the housing will be mixed in types, styles and
costs to create strong neighborhoods. Innovative neighborhood design will
include transit and pedestrian access to connect with the commercial, industrial
and civic center areas within the TCAAP area.
II. GOALS AND POLICIES
Goal: Strengthen Neighborhoods and Housing
I.
Preserve the integrity and quality of residential neighborhoods.
2.
Coordinate local plans with school districts and adjacent communities.
3.
Review development according to uniform standards.
4.
Regulate maintenance of property by enforcing ordinances.
City of Arden Hills Comprehensive Plan - 1998
Housing
Page 30
.
.
.
.-e
!II;
5.
Review codes periodically to consider and encourage a range of housing ~,
opportunities, permit innovative site design and ensure proper I
,
enforcement too Is. .
6. Integrate areas in TCAAP with a variety of housing types and styles,
particlIIlIfly th6SC nlltrcadily available . .
opportunities to remain in Arden Hills in all life stages (e.g. starter
housing to senior housing).
Jj
..
7. Provide affordable housing opportunities for low and moderate income
households and meet Livable Communities program goals.
8. Pursue reinvestment in housing and neighborhoods; identify
funding/staffmg sources for implementation.
9. Monitor the condition of the housing stock as it ages.
III.
LAND USE CATEGORIES
There are four designations for varying residential density land uses: low density,
medium density, high density and mixed residential.
Low Density Residential (LDR) - is the traditional single family
residential land use category. A density range of 3-5 units per acre
maximum density is allowed.
Medium Density Residential (MDR) - is the apartment and townhome
land use category providing for density of up to 8 units per acre.
Bieh Density Residential (HDR) - is the apartment and townhome land
use category providing for density of up to 12 units per acre.
Mixed Residential (MR) - is the category designed to provide for a
variety and mixture of housing types, particularly in the TCAAP area.
This category will allow for those types of units not readily available now
in the City.
City of Arden Hills Comprehensive Plan - 1998
Housing
Page 31
j
Age Distribution and Housing Preferences
Table 4.7
.
Generall students, livin with
Generally renters
Tical first-time home bu er
Move-up home buyer market
Empty-nesters, may move to smaller
housing
Young Seniors, variety of housing options
Older Seniors, often needing services and
housing options
'%QI<'
AGE
~;:'_,,;,'i;"
~eor_,.,._,..-"_,.>0,,...'
30.3
8.6
12.8
23.9
12.8
521
546
5.7
5.9
9,199 100
Source: 1990 U.S. Census
j
The demand for housing is also influenced by the balance of employment and
households. Reasonable opportunities should exist for people to work and live
within the City. As the TCAAP area develops, there may be a greater number of
employees than population. Employment levels are expected to increase from
10,637 in 1996 to 17, 100 in 2020, while population is expected to increase from
9,560 to 11,800 (Metropolitan Council estimates). This may lead to increasing
housing costs and demand as a growing number of employees look for housing
within the City.
Livable Communities Program \
The City of Arden Hills has established affordable and 'life-cycle' housing goals I
as allowed by the Livable Communities Act, as shown in Table 4.8. The I
Metropolitan Livable Communities Act was adopted to meet the regional housing i
needs for people of all age categories and to offer locational choice for people of
all income levels.
.
The goals adopted will only apply to the TCAAP area because the southern
portion ofthe City is essentially fully developed. The goals should also be
periodically reviewed and adjusted based on changing circumstances and market
conditions. The City will evaluate how each proposed development contributes to
these goals in relation to surrounding land uses, the housing stock, market
conditions, and natural features.
.I
..
City of Arden Hills Comprehensive Plan - 1998
Housing
Page 36
/~
W
Livable Community Goals
Table 4.8
\
\
,
;
;1
GIIIlI
65 ercent of the affordable
units are to be owner-
occupied
35 percent of the affordable
units are to be renter-
occupied
27 to 36 percent of the new
housing to be non-single
family detached
75 to 83 percent of new
housing to be owner-
occupied; 17 to 25 percent to
be renter occupied
built at a density of 1.8 to 2.3
units per acre
built at a density of9 to 12
units per acre
. 1998 Affordability $128,000 for home cost; $607 per month for I-bedroom apartment
(Metropolitan Council).
HOllsing Co~ol!ent.
Affor~aMlitY - Own~hlp.*
. Affordability - Reri.taI*
Applying these Livable Community Goals to the 445 acres of residentially
designated land in TCAAP results in an expected range of 1,021 to 1,442 housing
units as shown below.
Minimum estimated number of housing units in TCAAP
73% Single Family at 1.8 units per acre = 746 units (414 acres)
27% Multi-Family at 9 units per acre = 275 units (31 acres)
Minimum Total Housing Units 1,021
Maximum estimated number of housing units in TCAAP
64% Single Family at 2.3 units per acre = 924 units (402 acres)
36% Multi-Family at 12 units per acre = 518 units (43 acres)
Maximum Total Housing Units 1,442
"
City of Arden Hills Comprehensive Plan - 1998
Housing
Page 37
-.,)
VI. FUTURE CHALLENGES
The stability, strong ownership and reinvestment of homeowners in Arden Hills
are evidenced by the dataslrowIJ above. Th",efactors-strength,," ue;glJLolhoods
and the housing stock in the community.
.
South of Highway 96 there are limited opportunities for housing development or
redevelopment. Approximately 35 acres of vacant residential land in three
different areas is left for development south of Highway 96.
Four hundred and forty-five (445) acres of the TCAAP area are planned for a ~
broad mix of housing types and sizes. Mixed and shared use arrangements will )
also be considered. It is anticipated that higher density residential development (
will occur near public transit and employment and commercial concentrations.
The "Civic Center" area ofTCAAP will include some high density residential
development adjacent to the commercial and institutional uses. TCAAP is entirely J
within the Metropolitan Urban Service Area (MUSA) boundary, enabling
development at urban densities. ~
.
;)
Since TCAAP will be developed over a long period of time and it is uncertain
how and when areas will become available for development, this plan does not
identify where specific types ofresidentialland uses will occur within TCAAP.
Rather, general residential areas are identified. This enables the City to adjust to
long term market changes without negatively impacting the plan as a whole.
The quality of neighborhoods and housing stock in Arden Hills is very good. As
a result, no redevelopment is planned in residential areas. Some individual
homeowners may need assistance in the maintenance and improvement of
housing through local and collaborative programs. These may take the form of
home improvement fairs, creating revolving loan funds and/or working with
surrounding communities and the Ramsey County Housing and Redevelopment
Authority (HRA) to support reinvestment. It will be important to keep the
housing stock in good repair as it continues to age. To this end it is imperative
that the City, either individually or collaboratively, monitor the condition of the
housing stock as its ages.
.,J
City of Arden Hills Comprehensive Plan - 1998
Housing
Page 38
.
.
~
EN HILLS
OR~f1
TCAAP Bulletin
News Update for Arden Hills Residents
Arden Hills Launches Major Planning Study to Direct
Reuse of TCAAP Site
The city of Arden Hills has been preparing for the reuse of the Twin City
Army Ammunition Plant property ever since the US Army announced its
intention to declare the site as excess federal property in 1994. It now
appears that a portion of that land could be transferred to the city within
the next 18 months.
TeAAP Site Location
.
r
'~)'~1~:~
,."~_. !..."-
.j.,;: l_.,'_,' ~r:
: ., ''';-"- L/
:-'-:"_~,L~::..f
.~'! 'f.L
.
The Site was originally an
Ammunition Plant for the Army.
Production included small
caliber ammunition, grenades
and howitzers.
October 23, 2002
THE SITE
The Twin City Army Ammunition Plant ("TCAAP") encompasses
approximately one-third of the city's land area, and is currently one of the
~! largest tracts of undeveloped land in the core metropolitan area. The
2,300-acre site is currently owned by the Department of the Army and
consists of buildings, roads and other structures that previously supported
the use of the property as an ammunitions production facility. The
Minnesota National Guard currently has license to approximately 1,200
acres on the eastern portion of the property for training purposes. Nearly
774 acres are in the process of being determined as surplus property by the
Federal Government. Of this, approximately 113 acres along the Rice
Creek corridor are expected to be transferred to Ramsey County as an
important addition to its regional park system. The city of Arden Hills
hopes to obtain title to much of the remaining property.
THE DUAL-TRACK PROCESS
In preparation for the potential transfer of this vitally important area, the
city has been engaged in a dual-tracked planning process. The first track
involves working with the designated developer, a team that includes
Centex Homes, Centex Family Housing, the Glenn Rehbein Companies,
and the Ryan Companies, on the transfer of ownership from the Federal
Government to the city of Arden Hills. A more complete summary of that
process is included at the end of this bulletin.
1
Issue 1
~
EN HILLS
OR~f1
.
TCAAP Bulletin
News Update for Arden Hills Residents
!)AI IteR]- N
SI 1/\HDIOW
AI'!!) t'111\1'\
APPLIED
~rmu
I N C,
EXCIHSUSW:
o'I...._-w~~lI!Wt~~
TCAAP Site Location -
See complete version of the
Vento Plan on the City s Website
October 23, 2002
THE PLANNING PROCESS
The second, concurrent planning track being pursued by the city is to
work with a team of consultants led by Minneapolis-based Dahlgren,
Shardlowand Uban, Inc., an urban planning, design, and research firm, to
undertake a master planning process that will bring demographic and
market research, ecological assessment, land suitability analysis, engi-
neering, land planning, and urban design expertise together with commu-
nity aspirations to create a far more detailed master plan for this area than
has existed previously. It will also involve the preparation of detailed
policies, ordinances, and agreements to ensure the successful implemen-
tation of this future vision.
THE TEAM
DSU will focus on site analysis, development alternatives, and, along with
team member Excensus, Inc, conduct detailed economic and market
research regarding the site. Other team members include SRF Consulting
Group, which will focus on transportation and infrastructure planning,
and Applied Ecological Services (AES), which will provide an analysis of
environmental site features and natural site amenities.
.
MASTER PLANNING
The current master planning effort will emphasize community input and
participation and use as its foundation the framework and land uses
established in 1995 by the late Congressman Bruce Vento, who created a
TCAAP Reuse Committee to develop a reuse plan for the entire property.
That plan was subsequently reflected in the Arden Hills Cornprehensive
Plan adopted in 1998. Recommended land uses include the incorporation
of a mix of open space, preservation of natural site features and amenities,
transit and pedestrian friendly housing, and retail and employment cen-
ters into the site plan.
The current process will build on work previously performed by the U ni-
versity of Minnesota's Design Center for American Urban Landscape,
which conducted public listening sessions earlier this year to gather public
.
2
Issue 1
.
ORAfl
TCAAP Bulletin
News Update for Arden Hills Residents
.
.
October 23, 2002
comment on the future of the TCAAP property. Additionally, the planning
and policy work done by the North Metro I -35W Corridor Coalition over
the last few years will be utilized.
THE ADVISORY PANEL
Because community participation and communication are key to the suc-
cess of the master planning process, the Arden Hills City Council will
appoint a community-based panel to ensure an open and inclusive process,
facilitate the free and timely exchange of information, and guarantee the
participation of numerous key stakeholder groups throughout the planning
process. It is intended that the TCAAP Reuse Master Plan Advisory Panel
be comprised of representatives Arden Hills and the adjacent cities of
Mounds View, Shoreview and New Brighton; the Metropolitan Council;
Ramsey County; the city of Arden Hills Planning Commission and Parks,
Trails and Recreation Committee; Mounds View School District; Rice
Creek Watershed District; Sierra Club; Minnesota Center for Environmen-
tal Advocacy; Minnesota Amateur Sports Commission; state agencies such
as the Minnesota Department of Natural Resources, the Minnesota De-
partment of Transportation, and the Minnesota Pollution Control Agency;
Commander's Representative from TCAAP; the National Guard; Congres-
sional Representatives for Rep. Betty McCollum, Sen. Dayton, and Sen.
Wellstone; and the development team and city staff. Applications for
community membership have already been received by the city and the
Mayor and City Council appointed citizens to the Advisory Panel at their
October 18, 2002 meeting.
ROLE OF THE ADVISORY PANEL
The TCAAP Reuse Master Plan Advisory Panel will serve as the primary
community-based working group during the course of this research, plan-
ning, and design process. All information, work products, findings, and
recommendations developed by the master planning team will be pre-
sented to the Advisory Panel for its review and comment. All of the infor-
mation then provided by the Advisory Panel, including comments and
concerns, will be delivered to the Mayor and City Council prior to their
review and consideration of the work completed in each phase of the
3
Issue 1
OR~f1
.
TCAAP Bulletin
News Update for Arden Hills Residents
Feedback & Comments? process. All of the information prepared for the Advisory Panel and the
City Council will be posted on the city's web site with feedback links.
Contact us at
- .1
TCAAP/main htm
Select "Feedback" to send
your comments directly to
the Planning Team.
Interested in Getting
Updates on the Reuse
Plan?
Contact us at
TCAAP/main.htm
Select "Click here" to sign
up to be on the email
distribution list.
Further Information
Contact
John Shardlow
of DSU
at
612-339-3300
or
jshard low@dsuplan.com
October 23, 2002
OPPORTUNITIES FOR PUBLIC INVOLVEMENT
In addition to the Advisory Panel, there will be several opportunities for
the public to get involved in the master planning process. Every time the
City Council prepares to make a decision or take an action, which is likely
to occur at the start and end of every planning phase, there will be a news
release via local media outlets and an updated newsletter on the City's web
site. The public will be encouraged to review and comment on all of the
work products, alternatives and draft recommendations. At least two
public open houses will also be held at key points of the planning process .
to share site plan alternatives with the public.
KICKOFF MEETING
The Kickoff Meeting of the Advisory Panel is currently scheduled for
November 19, 2002. The progress of the 18-month land transfer process
will determine the exact timeframe for the entire master planning study,
including the work of the Advisory Panel. For further information, inter-
ested members of the public may contact John W. Shardlow of Dahlgren,
Shardlowand Dban, Inc. at 612-339-3300 or jshardlow@dsuplan.com.
PROPERTY TRANSFER PROCESS
The Federal Government follows a set procedure whereby land is declared
to be surplus and title to the property may be transferred. The process for
disposal of surplus land at the Twin Cities Army Ammunitions Plant is
still underway. Congress is currently reviewing the Department of the
Army's declaration of surplus land. Once this has been completed, other
federal agencies will be screened for possible use of the surplus property,
followed by public or non-profit agencies promoting certain public uses
such as homeless services, parks or education. State and local govern-
ments may then be screened for public use of the property. Any remain-
ing property may then be transferred to the city, which would receive title
to the property from the Federal Government. .
4
Issue 1
.
DRAft
TCAAP Bulletin
News Update for Arden Hills Residents
A Contaminated Sites
map for the TCAAP
property is available
on the City's website
.
ENVIRONMENTAL CLEAN-UP
Before title is transferred, the Army is typically responsible for environ-
mental clean up. A procedure created by Congress called Early Transfer
Authority allows a city, in most cases with the private sector as partner, to
step into the shoes of the Federal Government and undertake environmen-
tal remediation necessary to transfer title. The significant benefits associ-
ated with the transfer of remediation responsibility along with title to the
property include the control over the sequence, timing, and degree of
remediation. In addition, there are likely cost savings associated with the
integration of remediation and development. Using Early Transfer Author-
ity to have a developer undertake the remediation has been used numerous
times throughout the country to allow communities to develop excess
federal property in an efficient manner.
In the case of the Twin Cities Army Ammunitions Plant, the Army is re-
sponsible for environmental clean up to industrial standards. For property
that would be sold to the city of Arden Hills under Early Transfer Author-
ity, the city will transfer the responsibility for clean up to the designated
developer through a Development Agreement naming the Centex Homes,
Centex Family Housing, the Glenn Rehbein Companies, and the Ryan
Companies team as the master developer. The entire land transfer process
.. is expected to take 18 months.
.
October 23, 2002
5
Issue 1
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From: Jeanne Weigum <iw@a...>
Date: Thu Oct 17,2002 5:18 pm
Subject: Protecting urban openspace and wildlife
Finally, the Twin Cities Army Amunition Plant (TCAAP) is about to be
decommissioned from army use. Anticipating that this would eventual 1
happen, former Congressman Bruce Vento led a planning effort to
preserve
sjgnificant portions of this undeveloped, but in some cases highly
polluted, openspace. Rice Creek, which connects to many other natura
areas including Carlos Avery, runs through the area and is a canoer~
dream. In the pecking order of who gets decommissioned federal land,
on
the top of the list is other military operations and next comes loea
units of government which want to use it for important purposes suct
as
parks. The National Guard has claimed much of the land. They have
proven themselves to be outstanding stewards of other lands in
Minnesota
and have already worked out cooperative agreements with the DNR for
public use.
.
Ramsey County has also lraised its hand' to receive the land
surrounding
Rice Creek to develop a water trail. Now here comes the rub, and it
is
a BIG one. Inorder of this area to function as a wildlife area ther€
needs to be an unimpeded corridor between the County area near the
creek
and the Guard area. There is a nice chunk of somewhat degraded,
polluted wetland that the DNR and the County want it preserved as a
wildlife corridor. The Guard is supportive. But, the City of Arden
Hills must approve the transfer. It appears that there may be some
resistance to preserving this as a wildlife corridor as it would be
very
convenient to Arden Hills to have a road running through it
connecting
some planned commercial/industrial and residential areas. The County
and DNR counter saying that running a busy road through the middle
completely defeats the purpose of a wildlife corridor. The City of .
Arden Hills will consider the matter within a couple of weeks.
Encouragement to do the right think would be a good thing.
http://groups.yahoo . com! group/run -stpaul/message/5148
10/23/2002
Yahoo! Groups: mn-stpaul Messages: Message 5148 of 5186
Page 2 of2
.
For more information check out the Friends of the Parks website at
friendsoftheparks.org. The DNR also has information posted on their
site.
If you want the names of contacts in Arden Hills, shoot me an e-mail
Jeanne Weigum
651-646-3005
fax 651-646-0142
Replies
5154 Re: ProtectiJ}gmban
openspace and wildlife
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~
~~HILLS
MEMORANDUM
DATE:
Agenda Item S.A
October 18, 2002
TO:
Mayor and City Council
FROM:
Joe Lynch, City Administrato
SUBJECT:
New Contract for Landscaping of City Hall Property
cc:
Dave Scherbel, Building Official
Thomas J. Moore, Director of Operations and Maintenance
Terry Post, City Accountant
ENCLOSURE:
Minnesota Native Landscapes Bid
Damon Farber Associates Transmittal Letter with Margolis Company Bid
Backl!:round
As communicated previously, the original contactor did not supply the correct amount, type, or
proper maintenance for the landscaping in conjunction with the construction of the new City Hall
building. The contractor was given a deadline in which to correct all landscaping issues and
supply the necessary documentation or the City indicated it would hire a different contractor to
fulfill the contract. The previous contractor did not meet that deadline and the City has obtained
two bids to finish the landscaping at City Hall per the original contract.
There are two parts to the landscaping contract, one has to deal with native grasses and wild
flower establishment and the other part has to deal with landscape items such as the coniferous
trees, choke berry plants, proper drainage on the east side of the parking lot, etc.
The City obtained a quote from Margolis Company to supply the landscape materials and labor
necessary to complete the original contract. Staff has enclosed a copy of the transmittal from
Damon Farber Associates which includes the bid from Margolis for the completion of the
contract. The first page of the attachment contains punch list items from the September 9,2002,
punch list given to the previous contractor. That list is continued on Page 2. Also included on
Page are three additional improvement items for Council consideration. The landscape architect
is recommending consideration of all three items. City staff has indicated agreement with Items
#1 and #3. These can be completed before winter. Staff would recommend waiting until the
spring of2003 for consideration of Item #2. The total amount of the contract, including all three
additional improvement items, is $16,962.
The other portion of the landscaping contract deals with the reestablishment of native grasses and
wild flowers as part of the City of Arden Hills landscape plan. The native grass and wild flower
plantings are mainly in the northwest portion of the property (directly behind City Hall, to the
.
.
.
2
October 18,2002
New Contract for Landscaping of City Hall Property
west of the City Council Chambers). As previously communicated, the former contractor did not
install the seed mixture correctly and did not perform the proper and timely maintenance. The
former contractor was given a deadline to complete the necessary corrections or the City would
obtain another contractor. The former contractor did not make any corrections. The City
received two bids for the restoration and reestablishment of the native grasses and wild flowers.
Staff has included the quote from Minnesota Native Landscapes. The total cost of native prairie
grass restoration and wild flower maintenance is $11,650. There are also two additional items
for consideration by the City Council which include a site preparation burn and a second spray
application of Round-up in the spring of 2003. Staff recommends that the Council consider
approval of the prairie grass and wild flower installation and the no-mow turf maintenance items.
Because the City may be able to complete the site preparation burn and the second spray of
round-up, staff recommends Council wait until the spring of 2003 to consider approving those
bid items. The native prairie and wild flower restoration cannot be started until the spring of
2003.
Recommendation
Staff recommends the Council consider accepting the bid for the landscape items from Margolis
Company in the amount of $16,962 which will include the additional improvement items for
consideration. Staff also recommends the Council accept the bid from Minnesota Native
Landscapes for the restoration of native grasses and wild flowers in the amount of $11,650 and
wait on the decision for the site preparation bum and the second spray application. Staff further
recommends the Council utilize the existing which were formerly designated to pay for the
completion of the original contract funds.
Se~t By: Minnesota Nat1ve Landscapes;
320 968 4223;
Oct-15-02 11:35;
Page 1/5
140tltlllighWlIY 95 No).thenst Foley, 56329-9733
Phone: 320-968-4222 - Facsimile; 320-968-4123
Paul's M()bile Phone: 612-490-598-3
To:
Dm,.. Scher\1e1 - 01)' of Arden Hills
F ,om: Paul Jackson - Prcsidcnl
Fax:
65 I..;:J4-:> 1.17
Pages: 1" .s-
Date: 10I15/2()02
Phone: 65 J -634-5121
Re: Contr<lC1 to redo pmiJie plaJ1lJngs at new city hall
Dave,
Mall Wilkens al Damon Farber & Associates asked that I tax you our proposal/contract 10 redo
Ihe prairie areas at the new city hall site. I also mailed you hard copy ye'1erday so you should
be receiving thnt ve,y SOOll. ffyou have any qucst;ons please don't hesitate to CIlII mc.
Most sincerely,
pm_
Paul Jack n - Minnesota Native l.andscapes, Inc.
.
.
.
Sen1 By: Mlnnesota Natlve Lsndscapes;
320 96B 4223;
Oct-15-02 11 :35;
pege 2/5
.
Hi'.)"(ilrU(Wl' guideline:! prep/lTt!.d b,l': Paul.l(Jcksml - Hi-flOrarinn ".'ul(JJ.:iYVPr~.,., MNL
U.,In~ the Mim'/i,lit's J'(Jr;vt' piunfJJ tv I,..,.~utr enJtI~gic:tl-ay sound umdsc4I'e., , . .
October ll. 2002
AN VU1UNF. OF SUGGESTED PROCEDURES IlND MA Tt.'JUALS 10 BE
USED to RE-ES1AHUSH NAl1VE GRASSES IlND W"1JFlOWER~'
AS PART OF 1 'HE ARDEN HILLS CITY HALL LANDSCAPE
1lJ.:/'OJ/1'1.V IYlo.Wt"/, SIXJ-:,1/"'RnnMJirnrr {I !I_' IlrR:P..V
A. Sitc I'rcparation:
The most important aspect of preparing a sue for native plant community rostorntion IS to bogin with
.s c1ean;l sect! and pJantlllg bed.. possible. Cleanup of non-native vegelntion. wether it be bluegrass
lllrf, peronnillL bi~~mial or !UUIOU] w=ls or exolie Irees and shrubs is oll.cn accomplished thru the use
of Roundup'.!i' herbicide either by itself or in colllbinntion with other selective herbicides. following
herbicide die-b.ck, cured vegetntion is then typically removed Ihru the use of controlled burning or
mechanical scraping to rid tho proj<:ct aroa of stalks and stcms which e8n othcrwise im~ proper
seedbed development. On sites that are exceptionally weedy or hnve well established old-tield or turf
1'1"o\\'th, two Or more hnbicide applications arc ofirn reconmlCllded 10 ensure the cleanest possible site
prior to seeding. Onte n clenn site hns been achieved. n qllDlity seed or planting 1><-'<1 is created usillg
appropriate tillagc equipmcnt. Thc type of sccdbed we strive for is onc thaI is fr<:c of dcbris (Yli<-h
Slone,. largtr din "'od, do), smooth and mOSI importantly linn.
.
The Arden Hills City Ilall sile was previously sceded wilh n8t;vc grass~ and wildllowers. Based on a
recent evaluation of thaI planting, il appellrs 10 me that the seedbed wus not prepared pn.'P~'Tly. ~'Tosil)n
control ",o.su.-cs WI;Te nol !lde'lllllte rollowing.=I in'lnllntion and rollow-up Iir!l growing season
maintenallce was not done in D timely fashion. The resuh is dlat the naturalized landscape intended lor
the site hus been tUlsucressfllL The loJlowing site spceille steps arc being recommended 10 p'rcparo tho
project/Or resC<.'tling & planting
1. In Octobct, tIcnt the cxisting vCb'Ctation wlth. lank mix or Roundup'.: h~'Tbieidc at 4
pintsiacre and Curtain" herbicide al 2 pin Is/acre to begin eradicating weeds prior tu II
spring/curly smnffiCr 2UU3 re-msu\Uution ThIS late in the season, theherbic.dc Ilpplicallon
will appc"r to have link affect, but 11 is 8n exeellcnl tIme lO bogin controlling weeds.
c~pocjally Ct)ol !;Cl'lSl1J\ grns!-:cs such l\9: ql\~ck and bluegrass.
2. Inlnte March or eorly April. 201n previously spruycd growth should bc burned nwny USillg
controlled hurniog techniques, equipment and nece"ary pennits in prepnration for. 2'" .nd
final herbicide application
3. In Mny of 2003. previoosly spruyod and bumod Iields willundoubledly develop legrowth or
exotic grass nnd weed coyer that was unaffected by the r.rsl spuy appliC8lim\ Thi~ growth
should be retrelllet! wilh Roundup:~J by il~elr at a rate of 5 pints/acre Burning and this
second spray step should be added to Ihe original specificnlions 10 ensurc the c1e""est
pOSSible s.te pflor 10 seeding and plunting so thnt the project doos nol cnd up in the same
condition it is CtlITl-'1llJv in
4 following herhieide diebaek, n shallow. smooth, de.bris free and finn seedbed will he ercnted
\Ising nppropri81c tillage e'lLlipmcnt_
.
Sent By: Minnesota Nat1ve Landscapes;
320 966 4223;
Oct.15.02 11 ;36;
Page 3/5
H. Seed II< Seeding;
I.
Native pmiril; grt1:s.s seed installlltions can be comiucled safely in Minncsot..1 during two
periods of the b'Towing sea5on. The first window ofopportun1ly i~ frolD the time :5:ite
prcpamlIon work i. concluded il1lh" sprillg, IIntil app'o"im>>lcl~ July 20. The second p<-'1iod
i. in the fall helwem September 20 nnd rroc'e-up. The latter of the two approaehos is
(,;onsidered i1 dormAnl .seeding. me"ning seeds wiJJ not gCJlninotc until soil temperalures
rench uppruJ<u11<tlcly 65. f the following spring. This project is being scheduled 10.. . late
MHyor early June, 2003 mstallaLiun
.
2 An .ccd will be ilJStalled using a Trjllioni~) native grass and wildtlower drill. In """lions of
the site thnl Arc 100 cTumped r,,, IrllCtor operaled equipn'''"t, "oed will halld broadcast
J. Following all '..dmg operations, the seed bed will be cullipaclcd using a he.vy roller.
C"Itlp.cking is done to ensure tbat lighl oneil fluffy !lower seed is presscd linn)y imo Ihc
seed bed to avoid w;"d di~pcrsal. 011 smaller sites, hand raking will be dOlle in place of
cllltip3cking.
4. Seed mIxes will he sown ill the types and rales as indicated ill tbe pr<\iecl spccifie81ions.
C. Pla.n, ..lid Plnnting.
I. Nursery grown wildflOwer scedlings wilJ be illst.lIed as per specitications drawn up by
DnmOr1 Fnrbt.T & Associates.
D.
Mulching:
.
I, The planled .,reas will be mulched Willl dc-tin oal. whea.t ur Dull V\; prairie straw at a rate of 2
lon/ocre.
? All ffilllc.h male"al will hc disk.anchored In place immediately after installntion.
3. On Ihc sleepesl slopes, mulch will also be sprayed with a light coating or tDekllied hydro-
mulch Illoterial lor extrD erosion protccLion. This "k.1' w.s 1101. part of tbe original
specifications but should be donc as an added precaution agaiMt soil erosion.
E. M.int~nllnc~' (2003 growing s<'C1son)
Native Prairie Plantin~s
During the first growing season this project will be mowcd 3 104 limes "S neooed. Fin.t yeJIT
mowing(sj are importantl Typically annual weed species are very aggressive during a first growing
seagon. If allo\.\(d lO grow too wI!, Ilnnual w~b can have 1m adverse effect on newly emerging native
ptanl species. A tlail mower and hnnd held weed whip will he used. Mowings will .Iso help keep your
site looking Ileat and cared 1'01' during the scrulli. looking development period that 1111 prairie plantings
cxlribll.
No-Mow TurlPlantang!t
In .ddirion ttlprairie mamterumcc, we I".ve been asked to conduct herbiCIde apJllic.tion(s) as
nec"ssary 10 rid previously planted no-moW turf prellS ofbroadlcaf wced cover. HerbiCIde
application(s) will be followed by touch-up seeding and fertilizer al'plicntion(s) to thicken and
str~llgthen the fesC\.e grosses thot moke up the no-mow turf oreas.
.
2
Sent By: Minnesota Native Landscapes;
320 968 4223;
Oct.15-02 11 :36;
Page 4/5
.
Subsequent Growing Seasons
During a second full growing <easonljrncly mowings should conlinue to contml persistellt weed
problems. Typically two lU three mowings are adequate to control most wecds and keep R ,;ght
looking neal and tidy ullt;llhc YOlmg native perenniats have had a chance to J,.rlher develop their rOOI
s)"slcms.
In ycars follow;'l!: Ihc serond growmg season, manAgement services should include conlrolled
burning. In addition Spol spraying. spot mowing. and hand weeding should be donc as needed 10
control persisl"'" weed prohlc,ns or outbreaks of new weed problems.
Nmc: 1t t.~ ~!f?real impormnre to mo"ilur and (:are.for naJive p/unt (.'ommunify r(!slonJliom', Once
"rll7riv< plant community IIecomes well e."'bllshed, ""wily after approximmdy 3jUIll?rowlnli
seC1.\"tms, "nl:c:omrs a /o',t. m(linu:nance sy.Hem. Unj(Jrtul1ately, chere H no landsccrpe.leolJJ.re thoi is
no r,.,ainrenance Including native "lanI communities. Minnew)/a Native landf{:()I'4!.~', Inc. hm' a land
""'n,,!;.'menr ,(atllh", would be happy 10 handle matnrcnanct' need, h"yol1d rll<.lil".'1 gmwmg
SCQ.\on whirh is incfuded in our instaJlarion price. Tni,) work can he comrai!led on a yearly haSIS. If
}VU would Uk'e 10 eli..) f'rair;i.' managemilnllllilizinf.{ ciry malnfi!nanCI! ~'IajJ. Wi' would hI! hnpp)) '0
c""I,,11 .,.ilh those mdiVid""i.for .mall crm.,,,iting Jiies.
.
.
]
Sent By: Minnesota Native Landscapes;
320 96B 4223;
Oct .15.02 11: 36;
Page 5/5
.
Native Prairie Restoration And No-Mow Turf
Maintenance Quote, Arden Hills City Hall 2002-2003
The following ILlmp sum price quutes is based on ~ite preparation, seed, seeding. nursery gr()wn
wildflower planlings and first season (2UU3) maintenance as outlined in our attached propo~aJ
dated October 11,2002. In addition, there arc two site preparation steps being ~u!\gested thai
were not call~d for in thc original project specifications that we strongly encourage be
implemented
Lump Sum Prairi~ In,1allfltion Quote ..............
Lump Sum No-Mow Turf Maintenance .
Site Prep Burn, Spring 2003 .
2nd Spray Application, Spring 2003
$10,650.00
.. $1.000.00
.. $450.00 - add-item to consider
. $36000 . add-item to consider
Total Agree Upon Contract Amnunt
....$
fill in amount and sign below
,\-/irm~~sofll :Vlltt...'t~ 1.(lflcl.~.tJpf,W inc. &"-'1.\'1-) tt~.n~n-'e.\" (III rights (0 rl,,! jnjormulilJn UlIIllllJ.ud within tM.r llulli,m'jJf'l.lpIJMJf. 't'hi.\'
infilrmarh)N may '11;'/ fli,nt:minuw u" ,h;rd porl;c" wllhOld wiilU:rt 4pprovaf, ~!lpt.'('ifflt". Olhd p(J~mjal bMdt.!r.t
.
'f/he': di.!CI.film i.~ rn/Jdtt 10 ",:jV~A-1NL implttTlWtll IhM pllm, om" paymm' term,\" urt.' mjf}"(M.~; Pa.ynwm ;n/1l11 willlu.'{/w: UpOll
f"{)nrpll',h'J) ofil'UMlluJir)IJ "",,.k .(...~ QI.JI/itNd. AllY dmmml Tl1tnuj"i~'K unpl.id bf!)'()fJd Jf) d'IY~ ,-.:h~1I inr;/.If 11 H':% mon/htll jinUfU.T
"'J(f"K~- .'Put/In! INOiltTctJdnn' 1I'0r" hryo~1d rJltl.P,.SI gl'owing .'l'tfa.wJPl..v wark indudl!d in ,Jtis hid will hi' hittr'td $~'tara~ rU illS
rt'lJ1j('.'ilr!d lmd r.mt1l)/t./t!d ,md Will bl~ .w"j~d in tlur .mmll 1~/,._% nwntftly;;",mr:r/ dJm'g~_ TIlt! Cu.t/,mhcr U~'T~~....; Ihall/pO" Cllslm",~,.~,
Illau,.... to ttllJ!,;,t 11._."'1'111.'1'11 #lJilfl i~1 (J{'J~,)I'dflth"l! heFt! ~Hth. ('!l.r/omltr agr'l!Ii'_'I" to pr1Y<JIf (OSt.$ o!""l)II"c"ll'r."n. i~.dlllliHg rtlfZ..~.)tl"Mt':
Ultvrm~~'fi'l~5
CUJronw,. Si~lwltlr/'
daw
.lftnl'l~.wHi' ,\'miw> Lrmds(j)peJ: 1m:.
by:
d'l/(~
fiICDAIlM:; t\rd~ll Hillr.C'i1) Hall
.
140H6 Highway 95 Norlh\~a~l . Foley, Minnesota 56J29 . )20-%8-4222 . hill: 3211~W>H.422:1 . wWW_ml\NLlrtveL:lnd3cRpt>~.cum
U1>itlg 1IjJNTJ~ ,"uds f.-i Jtlu,d~ h) aiatt unlogindly so"'ullt.H1d......'IJJJ('~.._
. 10/09/2002 16: 14
612-332-0936
DAMON FARBER ASSOC
PAGE 01
EXHIBIT 'A'
IDFA.Transmittal
_on Farber Associfltes
Transmittal Dale
Time
Allention
Company
Phone Number
Fax Number
E-maif
URL address
Copy To
From
Project Name
DFA Number
Transmitting
lAmf8cape Archll<~"~
Sltel'latrmng
A"" Urban v..ign
10191Q2
4:27 PM
Jerry Romero @ Maraolis
Peter Vestcrholt, File
Matt Wilkens
Arden Hills City Hall
98-114
Prlltl8 .4~ " 1'",,,,,,,.4_...t
alio"., &"''''1< C,,"U For """ Uu .It
Ekc#fmic Media M__ AI R_med
F"" 1t USM4i1 R""""aNlC_t
E.-J File OIlIer
~.t:-~,l...- .vi.
~~ .~
I ytfl...e-" 3.
<11 'i rJ.~ .
1~ \/,4.
Description
.
Landscape RemediatiOll dI Arden Hilb Cil)' Hall - Contract/telN
Jerry,
I have separated the 'Iandscape' specifIC items from the 9.9-02 Arden Hills City Hall Landscape Punch List 11I2
and listed them below fO!' use in the writing of your contract with the City.
1. PN"clr List 1_ frr- 9-9..01 hllc" List
0.
Remove shredded hardwood mulch from evergreen tnmb pel" coniferous tree planting detail, 51LOI.
(applies to 10 /rUs)
Reset and cover exposed wecdmat fabric with mulch in p~g beds per shmb planting detail, 2/LOI.
(applies to entire sire)
Remove. replace and rcmulch (20) evel&ocUl. trees not illstaUed per plan. (incorrect species were
planted)
Remove, replace and remulch dead tree per specificatiOll section 02955, Article 1.07. (applies to the (1)
dead J" col. Northem Pin Oak (Quercus ellipsoidalis) 41 the nQl'1h side a/the sile and the (3) not per
spec Red Oak (Q\IeI'cus ruhra) and ([) not per spec No,,",""" Pin Oak (Quercus ellipsoid4lis))
/5. Add fertiliur to plant materials per landscape notes, sheet L01. (applies to /8 deciduous trees, 20
evergreen trees, /53 shrubs and J 66 perennials. F ertil~e per notes on original plan)
.
A. Tree to be made plwnb per tree planting details, 4 and SILOI. (applies ta all trees that are no/plumb)
253 71IImA_""s".ttt M;.~. Mi"ontJ'" 5'4/5./003 mwilhlU@4l&l_mpe.co", ph"If<I6/Z.1J2.75ZZ fax61Z332.0936
C_d"n Q8/Z4IOQ 7:5/ AMS:\I998 htJjecu\98-/14 Anim HIIkIC_p<>~12Q()1IT1YlIISJorry R""",ro /0-9.Ql.dtK:
10/09/2002 16:14
612-332-0936
DAMON FARBER ASSOC
PAGE 02
DF A 'Transmittal
.;( Remove w.:eds from planting beds and mulch rings per $peCification section 02956, Article 1.07, .
PlUllgrapb A., specification section 02955, Article 1.07, Paragraph A (applies to entire sue)
vi. Supply tree and shrub maintenance instroctions to Owner per specification section 02955, Article 1.03,
Paragraph F. (please supply your normal plant material maintenance data to Tom Moore - Operati01l$
and Maintenance Director)
Vi Remove weeds from rock mulch maintenance strip. (applies to entire site)
""'10. Install missing plant material per planting p!anlschedulCl. (applies to one Dwarf Bush Honeysuckle
(Diervil/a lonlcera) near right of building entry (see key plan))
II. Remove and replace plant material, not per plan. (appU_slO cholreberries along parking lot sidewalk)
12. Remove plant tags and macking tape from plant materials. (4pp/ies to entire site)
13. Remove silt fencinlJ and dispose of ofT site. ($700)
14. Riprap and check dams to be corrected per Clark Engintering's fax dateGs750)
9-9-02 Punch J.btJ.1IlfIJI Sum (1h1M). _$ 16,752_
Work" be _~ 0" /In"
esdmllll14 tIImrtioll of_rk - 0" O,.lIIHnIt NoVo 5,
lfHJ2 wilJr II 4 -5 d<<y wort
duNtioll (el1Ufll'Utu ,. be
npl.u:e4 ill spriItg 2fHJJ.
2. A~ IltIpro_lIlltems for COtuiilU/ltioll (,. be o44d b,)I OwIIe,)
/J1ih- 11f^~
# I - Remulch a11_ outside of planting beds (16 deciduollS 1ree5) - (+ $ "W',) $ <tV
#2 - Retake and ~ existing mulch in shrub and perelllliaJ planting beds - (+$ 1,820) $
#3 - Add steel edger to south side of rip rap at east end ofCOllcrete walk (14LF)- (+$70) $ 7- 0
TtHIIl COlltrllCt /11II0"'" -
I
-4D
City C()II_ - Dave Scberbel- Building OfflCialllnspections - ph. 65] -634-5123, fax 651-634.5137
City of Arden Hills
1245 West Highway 96
Anlen Hills, MN 5m 2-5794
Please include these items in your contract for this work and send directly to Dave Scherbel at the City of Arden
Hills for review and siflZllll:Ure on UJ as soon as possible basis.
Please call me with any questions you may have regarding the above illfunnation
Sincerely,
Dounon FfIrl1e, ,4Dt1d-
Ma:rt:::{:;;;QnDger
2J3111inlAw__ M~,MiMesoI4 J5415./oo3 mwi&.~.<c>m p/uJM6/2.3J2.7J12 fiu612.331.",A
CmJledo. 08114100 7:JI AMS:I/998 Pmjeclsl98./14 Ank. HII"1Co_..J""~\2002\T,.,.. J....,. Rom.", 11).9-O;~
EXHlBlT 'B'
bF A "Transmittal
.on Farber Associates
Transmittal Date
Time
Attention
Company
Phone Number
Fax Number
E-mail
URL address
Copy To
From
Project Name
DF A Number
Transmitting
.'ption
.
Landscape Architecture
Site Planning
A nd Urban Design
MARGOLIS COMPANY
295 W. Larpenteur Ave.
Roseville. MN
9/24/02
8:08 AM
i~;rerfyRomero @ Margolisi.1<oger Grothe @ Aloha
/fJIJ
Peter Vesterholt, Dave Scherhel, Tom Moore, File
Matt Wilkens
Arden Hills City Hall
98-114
Prints Attached x For vour Avoroval
Specifications Seoarate Cover For)lour Use x
Electronic Media Messenf!er x As Reauested x
Fax US Mail Review and Comment
E-mail File Other
Landscape Remediation at Arden Hills City Hal/- Scope of Work
Jerry and Roger,
In an effort to quantify and simplify the process of providing costs, please use trus transmittal to send your
proposals for the landscape remediation work at the Arden Hills City Hall as discussed on Friday, September 20.
1. Punch List ltems from 9-9-01 Punch List
N iC--ifb- by native prairie contractor
C #2 - applies to 20 trees
C. #3 - applies to entire site
#4 - please provide health assessment from qualified arborist, treat trees with proper insecticide if infested
with spider mite or other harmful insects, place comment regarding health and treatment below:
C#5 - applies to the (I) dead 3" cat. Northern Pin Oak (Quercus ellipsoidalis) at the north side of the site and
the (3) not per spec Red Oak (Quercus rubra) and (1) not per spec Northern Pin Oak (Quercus
ellipsoidalis)
C. #6 - applies to J 8 deciduous trees, 20 evergreen trees, 153 shrubs and 166 perennials. Fertilize per notes on
original plan
v #7 - applies to all trees that are not plumb
C- #8 - applies to entire site
~ Ie- 119 by native prairie contractor
1'41 C. 1119 by native prairie contractor
(/ #11 - please supply your normal plant material maintenance data to Tom Moore - Operations and
Maintenance Director
253 Third Avenue South Minneapolis. Minnesota 55415.1003 mwilkens@dfalandscape.com phone 612.332.7522 fax 612.332.0936
Created on 08/24/00 7:51 AM S:\1998 Projects\98-114 Arden Hills\Correspondence12002\Trans Roger Grothe + Jerry Romero 9-23-02.doc
f
, "
DF A Transmittal
c# 12 - applies to entire site .
.", IG ~ performed by original irrigation contractor
if # 14 - applies to one Dwarf Bush Honeysuckle (Diervilla lonicera) near right of building entry (see key plan)
# 15 - applies to chokeberries along parking lot sidewalk
Jlle... #tfr- by native prairie contractor
# 17 - allow to machine move 8 ofthe evergreen trees
N IC- ~ot in this contract
filL. ~ by native prairie contractor
f/ Ie #Zfr-- by native prairie contractor
#21 - applies to entire site
NI L ~ performed by original irrigation contractor
HI C- 1&3-- performed by original irrigation contractor
NIL ~- by native prairie contractor
. # 1 - silt fencing to be removed - applies to entire site
. #2 - riprap and check dams to be corrected per Clark Engineering's fax (attached)-
9-9-02 Punch List Lump Sum (Base) - $
Work to be completed on and
estimated duration of work -
{J
80
06
2. Additional Improvement Items for Consideration
Pc # ] - RemuJch all trees outside of planting beds (20 evergreens, 16 deciduous trees) - $
A. #2 - Rerake and topdress existing mulch in shrub and perennial planting beds - $
#3 - Replace 36 Glossy Chokeberry shrubs (24" hgt) - $
A. #4 - Add steel edger to south side of rip rap at east end of concrete walk (14LF) - $
C#5 - Replace entire planting of Scotch )line, spring 2003 (20) - $
8
3. Suggested Improvement Items for Consideration
#1-
#2-
#3 -
#4-
#5-
$
$
$
$
$
4. Contractor Comments
Ntst=.t>--s
MAl Ai rt=;.f./A-iU cF
~ -'tJ17t'J/.f} ,
.
253 17u'rd Avenue South Minneapolis, Minnesota 55415.1003 mwilkens@djaland'icape.com phone 612.332.7522 fax 612.332.0936
Created on 08/24/00 7:51 AM 5:\1998 Projectsi98-1 14 Arden HiIls\Correspondence\2002\Trans Roger Grothe + Jerry Romero 9-23-02.doc
League 0/ Minnesota Cities
CiUu prmno6n9 =oolhmce
I RECEIVED)
. OCT 1 8 2002 I
CITY OF AJ~DFN Hii I S l
45 Uldv", ity Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200. (800) 925-1122
Fax: (651) 28H299. TDD (651) 28H290
www.lmnc.om:
October 11, 2002
TO: Managers and Clerks
FROM: James F. Miller, Executive Director
RE: New 2003 Policy Adoption Process and Proposed 2003 Cities Policies
At the League's annual June 2002 conference in Rochester, the membership adopted a
constitutional amendment that places responsibility for adoption of legislative policy with the
Board, rather than with those cities attending the Policy Adoption Conference. The board is now
committed to developing a policy adoption process that will enhance member involvement.
.
An important feature to this change is the input of the full LMC membership. To ensure
maximum member input, we are asking you and your city council to:
1. Please read the enclosed policies and submit any comments to Andrea Hedtke by fax at
(651) 215-4116, by email at ahedtke@Irnnc.org or by phone at (651) 281-1258. Andrea
will submit the comments to the Board and the Board will take fInal action on the policies
at its November meeting. The Proposed 2003 City Policies may also be found on our
web site at www.lrnnc.org. Please have your comments in no later than November 15,
2002. A list of the LMC Board of Directors has been included in your mailing.
2. Also enclosed is a Voting Ballot for each city to check their top five priority issues found
within these proposed policies. Please return the ballot to Lynn Peterson by mail or fax
at (651) 215-4115.
As part of the new policy adoption process, the Policy Adoption Conference and the Legislative
Conference are being combined into a new major legislative conference "event". This new
conference will be held January 15,2003 at the Sheraton Four Points in SL Paul. Further
information on the conference will follow.
.
Additionally, I would like to bring your attention to three upcoming dates for the Newly Elected
Officials & Leadership Conference for Experienced Officials conferences which will be held
January 24 and 25 at Ruttger's Sugar Lake Lodge in Grand Rapids; January 31 and February 1 at
the Midwest Wireless Civic Center in Mankato and February 28 and March I at the Doubletree
Park Place Hotel in St. Louis Park.
enclosures
AN EQUAL OPPORTUNITY IAFFlRMA T/VE ACTION EMPLOYER
VOTING BALLOT Please check (.f) the top five (5) priority issues for your city. Return no later than November 15
by mail to Lynn Peterson, LMC, 145 University Ave. W., S1. Paul, MN 55103 or fax to (651) 215-4115
City Name:
r..Ana Fiscal Futures
:::Y!.State-LocaI Fiscal Relations
~-2. LGA Data Issues
_FF-3. WA and Market-Value Homestead Credit Cuts
_FF-4. Sales Tax on Local Government Purchases
_FF-5. Levy Limits
_FF-6. Reverse Referendum
_FF-7. City Revenue Diversification
_FF-8. Taxation of Municipal Bond Interest
_FF-9. City Fiscal Year
_FF-IO. Payments for Services to Tax-Exempt Property
_FF-1l. Trnth-in-Taxation Process
_FF-12. State Administrative Deductions from State Aid
_FF-13. Reporting Requirements
_FF-14. Federal Bndget Cutbacks
_FF-15. Price of Government
_FF-16. Impact Fees
_FF-17. Delayed Assessments for Roads
_FF-18. Taxation of Electronic Commerce
_FF-19. Limited Market Value
_FF-20. State Charges for Administrative Service
_FF-2l. Equity in Library Funding
Improving Local Economies
_LE-1. Growth Management and Annexation
=-. Electric Service Extension
. Statutory Approval Timelines
_ :.t. Public Infrastructure Utilities
_LE-5. Development Fee Disputes
_LE-6. Housing
_LE-7. State and/or County Licensed Residential Facilities
_LE-8. Inc1usionary Housing
LE-9. Community Land Trusts
_LE-1O. Municipal Telecommnnications Authority
_LE-11. Right-of-Way Management
_LE-l2. Cable Franchising Authority
_LE-13. Wireless Tower and Antenna Siting
_LE-14. Financing Commuuity Reinvestment
_LE-15. Tax Increment Financing (TIP)
_LE-16. Timefrarne for TIP District Establishment Legal
Challenges
_LE-17. TIP District Deficits
_LE-18. Business Subsidies
_LE-19. Business Development Programs
_LE-20. Land Recycling Programs
_LE-2l. Property Tax Abatement Authority
_LE-22. OSA Response Timelines
_LE-23. OSA Time Limitations
_LE-24. Economic Development Authorities
_LE-25. Workforce Readiness
_LE-26. Adequate Funding for Transportation
=127. State Aid for Urban Road Systems
8. Turnbacks of County and State Roads
_ -29. Road Funding for Cities Under 5,000
_LE-30. Railroad-Related Projects
Improving Service Delivery
_SD-l. Redesigning and Reinventing Government
_SD-2. Unfunded Mandates
_SD.3. City Costs for Enforcing State and Local Laws
_SD-4. Design-Build
_SD.5. Providing Information to Citizens
_SD-6. Construction Codes
_SD- 7. National Fire Protection Association (NFP A)
Standards
_SD-8. Fees for Service
SD-9. State Assistance for Library Funding
_SD-lO. Civil Liability of Local Governments
_SD-1l. Private Property Rights and Takings
_SD-12. Election Issues
_SD-13. Local Election Authority
_SD-14. Environmental Protection
_SD-15. Creating a Minnesota GIS Program
_SD-16. State Appropriation for Government Training
Service
_SD-17. Public Safety Spectrum Needs
_SD-18. Legalization of Fireworks
_SD-19. 911 Funding
_SD-20. . Racial Profiling
_SD-21. 0.08 DWI
_SO-22. CriMNet
_SD-23. Red Light Cameras
_SD-24. Misdemeanor Fines
_SD-25. State Regulation of Massage Therapists
_SD-26. On-Sale Liquor or Wine Licenses to Performing
Theaters and Cultural Centers
_SD-27. Youth Access to Aicohol and Tobacco
_SD-28. Smoking Ban Ordinances
_SO-29. Park and Library Land Tax Break
_SD-30. Medicare Reimbursement for Ambulance Service
_SD-31. Open Meeting Law Exception: Emergency
Preparedness
Homan Resources and Data Practices
Human Resources
_HR-l. Preservation of Local Decision-Making Authority
on Employment Related Issues
_HR-2. Veterans Preference
_HR-3. Compensation Limits
_HR-4. Public Employees Labor Relations Act (PELRA)
_HR-5. Re-employment Benefits
_HR-6. Essential Employees
_HR-? Pensions Benefits
_HR-8. Public Employees Retirement Association (PERA)
Coordinated Plan Funding Deficiency
HR-9. State Paid Police and Fire Medical Insurance
_HR-lO. Breathalyzers
~-Il. Drug and Alcohol Rehabilitation
_HR -12. Health Care Insurance Programs
_HR-13. Electronic Timekeeping
Data Practices
_DP-l. State Model Policies and Training
Federal Employment Law
_FED-I. FLSNOvertime Compensation
_FED-2. MedicarelMedicaid Premium Disbursements
_Electric Restructuring
League of Minnesota Cities Board of Directors
June 2002 - June 2003
PRESIDENT Don Levens, City Administrator Vince Schaefer, CounciImember
. Michael McCauley, City Manager City of Cokato City of Rockville
City of Brooklyn Center P.O. Box 1030 P.O. Box 93
6301 Shingle Creek Parkway 255 Broadway Avenue Rockville, MN 56369
Brooklyn Center, MN 5543()'2199 Cokato, MN 55321 (320) 251-5836 (City Hall)
(763) 569-3309 (City Hall) (612) 546-8112 (II) (320) 240.%20 (City Hall Fax)
(763) 569-3494 (City Hall Fax) (320) 286-5505 (W) (320) 253.1499 (II)
(763) 595-0814 (II) (320) 286-5876 (City Hall Fax) (320) 290-4929 (Cell)
mmccaulev@ci.brooklvn.center.DlD.llS corvet5@vaboo.com vschaefer@cloudnetcom (Home)
FIRST VICE PRESIDENT
Mark V oxland, Mayor DeWayne Mareck, Councihnember Terry Schneider, Council member
City of Moorhead City of SI. Cloud City of Miunetonka
39064StS 1422 Poppy Road 15333.Boulder Creek Drive
Moomead, MN 56560 SI. Cloud, MN 56303-0627 Minnetonka, MN 55345
(218) 236-5295 (II) (320) 251-3152 (II) (952) 934.9529 (II)
(218) 236-0864 (B) (320) 251-3374 (Home Fax) (952) 545-0505 (B)
(218) 299-5306 (City Hall Fax) dfmareck@charter.net (952) 545-1510 (Work Fax)
VoxM@aoJ.com terrvschn@owest.net
SECOND VICE PRESIDENT H. Dan Ness, Mayor
Judy Johnson, Councilmember City of Alexandria EX-OFFICIO MEMBERS
City of Plymouth 4110 Minnesota Stree~ Ste. B Past President
4600 Jewel Lane Alexandria. MN 56308 Les Heitke, Mayor
Plymouth MN 55446 (320) 763-7145 (B) City of Willmar
(763) 557-6755 (II) (320) 763-5634 (H) 333 S.W. 6'" Street
(612) 384-4636 (Cell) (320) 759-2245 (Work Fax) P.O. Box 755
(763) 509-5007 (City Hall) nesshd@rea-alD.com (Work) Willmar, MN 56201
(763) 509-5060 (City Hall Fax) arsiness@rea.alD.com (Home) (320) 235-8726 (II)
judyinplym@artbi.com (320) 214-5183 (City Hall)
. (320) 235-4917 (City Hall Fax)
Givoona Reed, Asst. City Administrator lheitke@ci.willmar.mn.us.
DIRECTORS City of Mounds View
2401 Highway 10
Chris Coleman, Councihnember Mounds View, MN 55112 NLC President
City of Sr. Paul (763) 717-4008 (City Hall) Karen Anderson. Mayor
Room 310 B, City Hall (763) 784-3462 (City Hall Fax) City of Minnetonka
15 West Kellogg Blvd. trivonna.reed@ci.m.ounds-view.mn.us 14600 Miunetonka Blvd.
St. Paul, MN 55102 Minnetonka, MN 55345
(651) 266-8620 (B) (952) 938-2808 (II)
(651) 224-4150 (II) Bonnie Rietz. Mayor (952) 939-8389 (B)
(651) 335-4150 (cell phone) City of Austin (952) 939-8244 (City Hall Fax)
(651) 266-8574 (City Hall Fax) 500 NE 4'" Avenue kanderson@ci.minnetonkamn.us
chris,coleman@ci.stpaul.mn.us Austin, MN 55912
bbenson@ci.stnalllmn.us (507) 433-1597 (H)
(507) 437-9965 (B) AMM President
(507) 434-7197 (Fax) Craig Waldron, City Administrator
Brenda Johnson. Councilmember brietz@austin-nm.com City of Oakdale
City of Chatfield 16200 Eagle Creek Ave. SE
322 Winona Street SE Prior Lake, MN 55372-1787
Chatfield, MN 55923 Sandra Colvin Roy, Councilmember (651) 730-2705 (City Hall)
(507) 867-3810 (City Hall) City of Minneapolis (651) 730-2818 (City Hall Fax)
(507) 867-9093 (City Hall Fax) 350 S. 5'" Stree~ Rm 307 craig@ci.oakdale.mn.us
(507) 867.4650 (II) Minneapolis, MN 55415
brenda. iohnson@attsdobaI.net (612) 673-2212 (City Hall)
(612) 673.3940 (City Hall Fax)
(612) 722-2274 (II)
Marvin Johnson, Mayor Sandra,colvin.roy@ci.minneapolis.mn.us
City of Independence
. 6325 County Road 6 Mark Sather, City Manager
Independence, MN 55359-9508
(763) 479-2274 (II) City of White Bear Lake
(763) 479-0527 (City Hall) 4701 Hwy. 61 N.
(763) 479-2274 (Home Fax-call first) White Bear Lake, MN 55110
(763) 479-0528 (City Hall Fax) (651) 429-8516 (City Hall)
(612) 840-3433 (Cell phone) (651) 429.8500 (City Hall Fax)
(651) 426-5217 (H)
msather@whitebearlake.org
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Building
Quality
Communities
LEAGUE OF MINNESOTA CITIES
Proposed
2003
City Policies
For legislative and
administrative action
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103-2044
(651) 281-1200 or (800) 925-1122
Fax (651) 281-1299
TDD (651) 281-1290
www.lmnc.org
.LMC
J;."q"" of Minnesota em..
Cit;u promoung e::aJltmce
MINNES,()TA CITIES
LMC
L-g.. 0/ M;_ C;t1.6
C;... ,,-Iog -.If.,.,.
.
k
Copyright@ 2002 League of Minnesota Cities.
All rights reserved.
.
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League of Minnesota Cities
145 University Avenue West. St. Paul, MN 55103-2044
(651) 281-1200 . (800) 925-1122 · Fax: (651) 281-1299
TDD: (651) 281-1290 . www.lmnc.org
.
CONTENTS
League Staff .......................... ............ ........ ....... ... .......... .... ...... ........................................... iv
Legislative Policy Committee Members.... ..... ..................... ............ ............................ ,....... v
Policy Development Process ............................................................................................... vii
General Policy Statement ......... ...... ......... ....................................................... ..................... viii
Statement of Intent .............................................................................................................. viii
.
Building Quality Communities Guideline..,................................................. IX
2003 CITY POLICIES
Improving Fiscal Futures ................................................................................... I
.
FF-L
FF-2.
FF-3.
FF-4.
FF-5.
FF-6.
FF-7.
FF-8.
FF-9.
FF-lO.
FF-IL
FF-12.
FF-13.
FF-14.
FF-15.
FF-16.
FF-17.
FF-18.
FF-19.
FF-20.
FF-21.
State-Local Fiscal Relations ................................................................................ 1
LGA Data Issues .................................................................................................. 1
LGA and Market-Value Homestead Credit Cuts ................................................. 1
Sales Tax on Local Government Purcha~es ......................................................... 2
Levy Limils ....................... .............. ..... ...... .......................................................... 2
Reverse Referendum....... ... ................... ....... ... ........................................ ..... ......... 3
City Revenue Diversification ........... .... .......... ............................ .......................... 3
Taxation of Municipal Bond Interest ................................................................... 3
City Fiscal Year ................ ............................. ................ ............................. ......... 3
Payments for Services to Tax-Exempt Property.................................................. 4
Truth-in- Taxation Process ........... ... .......... ..... ...................................................... 4
State Administrative Deductions from State Aid ................................................ 4
Reporting Requirements ... ...... ............................................................................. 4
Federal Budget Cutbacks ..................................................................................... 5
Price of Goverrunent ....................... ............... ........................ ..................... ......... 5
Impact Fees ........ ............ .... .... .............. ............................ ............ ... ..................... 5
Delayed Assessments for Roads .......................................................................... 5
Taxation of Electronic Commerce ....................................................................... 6
Limited Market Value .......................................................................................... 6
State Charges for Administrative Service ............................................................ 6
Equity in Library Funding .........................,......................................................... 7
Improving Local Economies ......................................................................... 7
.
LE-l.
LE-2.
LE-3.
LE-4.
LE-5.
LE-6.
LE-7.
LE-8.
LE-9.
LE-IO.
Growth Management and Annexalion ................................................................. 7
Electric Service Extension........................................................................... ......... 8
Statutory Approval Timelines........................................................................ ....... 8
Public Infrastructure Utilities .............................................................................. 9
Development Fee Disputes .................................................................................. 9i
Housing ........................................ ............. ..... .......................... ............. ............ ... 9
State and/or County Licensed Residential Facilities ............................................ II
Inc1usionary Housing ........ ....................................................... ........................ .... 11
Community Land Trusts ...................................................................................... 12
Municipal Telecommunications Authority .......................................................... 12
i
LE-Il.
LE-12.
LE-13.
LE-14.
LE-15.
LE-16.
LE-17.
LE-18.
LE-19
LE-20.
LE-21.
LE-22.
LE-23.
LE-24.
LE-25.
LE-26.
LE-27.
LE-28.
LE-29.
LE-30.
Right-of-Way Management ...................................................... ........................... 13
Cable Franchising Authority ................................................................................ 13
Wireless Tower and Antenna Siting .................................................................... 14
Financing Community Reinvestment .................................................................. 14
Tax Increment Financing (TIF) ............................................................................ 15
Timeframe for TIF District Establishment Legal Challenges .............................. 15
TIF District Deficits ............................................................................................. 16
Business Subsidies ............................................................................................... 16
Business Development Programs ........................................................................ 16
Land Recycling Programs ......... ............... .......... ...... ..... ........................................ 16
Property Tax Abatement Authority ..................................................................... 17
OSA Response Timelines... ....... .... .................... .... :.... ....... ........ .... .......... ............. 17
OSA Time Limitations .........................................................................................18
Economic Development Authorities .................................................................... 18
Workforce Readiness .................................................. ...... ............... ...... ............... 18
Adequate Funding for Transportation .................................................................. 19
State Aid for Urban Road Systems ....................................................................... 19
Turnbacks of County and State Roads.................................................................. 20
Road Funding for Cities Under 5,000...................................................................20
Railroad-Related Projects .. ......... ...................... ......... .......... ........ ... ..................... 20
.
Improving Service Delivery........ ......... .............. ......... ........................... ........ 21
SD-l.
SD-2.
SD-3.
SD-4.
SD-5.
SD-6.
SD-7.
SD-8.
SD-9.
SD-lO.
SD-11.
SD-12.
SD-13.
SD-14.
SD-15.
SD-16.
SD-I7.
SD-18.
SD-19.
SD-20.
SD-21.
SD-22.
SD-23.
SD-24.
SD-25.
Redesigning and Reinventing Government .........................................................21
Unfunded Mandates ......... ...... ................. ...... .............................................. ......... 21
City Costs for Enforcing State and Local Laws ...................................................22
Design-Build.................. ............ ....... .................. ........ ......... ............ ..................... 22
Providing Information to Citizens ........................................................................ 23
Construction Codes............. ...... .... ........... ........... ........ ...... ........ ............................ 23
National Fire Protection Association (NFPA) Standards ....................................24
Fees for Service . .......................................................................................... ..... ... 24
State Assistance for Library Funding ..................................................................25
Civil Liability of Local Governments .................................................................. 25
Private Property Rights and Takings .................................................................... 26
Election Issues ......................................................................... ..... ....................... 26
Local Election Authority .................................... ........................ .......................... 27
Environmental Protection ................. ................................................................... 27
Creating a Minnesota GIS Program .....................................................................28
Slate Appropriation for Governmenl Training Service .......................................29
Public Safety Spectrum Needs..............................................................................29
Legalization of Fireworks ....... .... ........... ....... ....... ................ .......... ............. .... ...... 29
911 Funding .................... ................................. ......... .......................................... 30
Racial Profiling..................................................................................................... 30
0.08 DWI ...... ... ................................................. .................. ....... .......... ................ 31
CriMNet............. ............ ............... .............................. ...... .......... .......................... 31
Red Light Cameras ..............................................................................................32
Misdemeanor Fines.. .... ..... ...................... ........... ..... ........ .......... ........................... 32
State Regulation of Massage Therapists............................................................... 32
ii
.
.
.
.
.
SD-26. On-Sale Liquor and Wine Licenses to Performing Theaters and
Cultural Centers................................ ........... ........ ................................................. 33
SD-27. Youth Access to Alcohol and Tobacco ................................................................ 33
SD-28. Smoking Ban Ordinances .................................................................................... 33
SD-29. Park and Library Land Tax Break ........................................................................ 34
SD-30. Medicare Reimbursement for Ambulance Service .............................................. 34
SD-3L Open Meeting Law Exception: Emergency Preparedness ..................................34
Human Resources & Data Practices............................................................. 34
HR-l.
Human Resources
HR-2.
HR-3.
HR-4.
HR-5.
HR-6.
HR-7.
HR-8.
HR-9.
HR-lO.
HR-IL
HR-12.
HR-13.
Preservation of Local Decision-Making Authority on Employment
Related Issues ..................................................... .............................. .................... 35
Veterans' Preference ......................... .......... ...................... ....................... ............. 35
Compensation Limits........................ ....................................................... ............. 35
Poblic Employees Labor Relations Act (PELRA)................................................ 36
Re-employment Benefits ....................................... ............... ................................ 36
Essential Employees................................. ..... ................ ....... ............ .................... 36
Pension Benefits .................................................................................................. 36
Poblic Employees Retirement Association (PERA) Coordinated Plan
Funding Deficiency....... ........................................................................................ 36
State Paid Police and Fire Medical Insurance ..................................................... 37
Breathalyzers .......................... .... .......................................................................... 37
Drug and Alcohol Rehabilitation..........................................................................37
Health Care Insurance Programs .......................................................................... 37
Electronic Timekeeping ....................................................................................... 38
Data Practices
DP-l. State Model Policies and Training........................................................................ 38
Federal Employment Law
FED-I. FLSA/Overtirne Compensation ................ ............................................................ 38
FED-2 Medicare/Medicaid Premium Disbursements.......................................................38
Electric Restructuring
Adequate Supply and Demand ...........................................................................................40
Consumer Protection ................... ................ ..................................... .................................. 40
Environmental Concerns ............................ ....... ..... ............. .................. ............................. 40
Fair Market Competition . ............. ............................................... ....................... ........ ........ 40
Local Authority............ ..................... .................................... ........ ...................................... 40
Stranded Recovery Cost .....................................................................................................41
Property Tax . ..................... ................... .............. ........................................ ........................ 41
iii
LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES
.
Jim Miller, Executive Director
Gary Carlson, Director of Intergovernmental Relations
Aid to cities, electric utility restructuring, general revenue sourc.es for cities,
pensions, personnel, property tax system, tax increment financing
Remi Stone, Senior Intergovernmental Relations Representative
Civil liability, construction codes, electric utility restructuring, environment,
general government, insurance, labor relations, land use/annexation, personnel,
public finance
Anne Finn, Intergovernmental Relations Representative
Crime, emergency management, public safety, transportation and transit
Kevin Frazell, Director of Member Services
Electric utility restructuring, government innovation and cooperation
Andrea Hedtke, Intergovernmental Relations Representative
Business subsidies, civil liability and criminal justice, economic development and .
redevelopment, general government, lawful gambling, liquor, 10caVtribal
relations, tax increment financing
Ann Higgins, Intergovernmental Relations Representative
Cable franchising, elections and ethics, emergency management, housing,
information policy, telecommunications, utility service districts
Jennifer O'Rourke, Intergovernmental Relations Liaison
Aid to cities, general government, general revenue sources for cities, legislative
listserv and bill tracker manager, personnel
.
IV
.
Legislative Policy Committee Members
Improving Fiscal Futures
.
Tom Lawell, Chair, City Administrator, Apple Valley
Margaret Amundson, Committee Chair, St. Paul
Bill Barnhart, Intergovernmental Relations,
Minneapolis
Scott Benson, Councilmember, Minneapolis
Michael Boedigheimer, Councilmember, Marshall
Laura Brod, Councilmember, New Prague
Tom Burt, City Administrator, Rosemount
Dave Callister, City Administrator, Osseo
Jane Chambers, Assistant City Manager, Brooklyn
Center
Don Donahue, City Manager, New Hope
John Erar, City Administrator, Andover
Jerry Faust, Councilmember, St. Anthony
Brian Fritsinger, City Administrator, Cloquet
Matt Fulton. City Manager, New Brighton
Mike Funk, City Administrator, Olivia
Richard Fursman, City Manager, Maplewood
Greg Gappa, Director of Public Service, Orono
Rick Getschow, City Administrator, Lauderdale
Chuck Groth, Councilmember, Fainnont
Marshall Hallock, Finance Director, Red Wing
Peggy Hanson, Councilmember, Lanesboro
Pat Harris. Councilmember, St. Paul
Terri Heaton~ Senior Vice President, SpringsLed
Joe Huss, City Finance Manager, Bloomington
Dave Hutton, Vice President. WSB & Associates, Inc.
Janet Jeremiah, Planning/Zoning Supervisor.
St. Louis Park
Marvin Johnson, Mayor, Independence
Kim Kamper, Acting City Administrator, Oak Park
Heights
Elizabeth Kautz, Mayor, Burnsville
Kay Kuhlmann, City Council Administrator. Red Wing
Barrett Lane, Councilmember, Minneapolis
Jan LeSuer. Councilmember, Golden Valley
Dean Lotter, City Administrator, Janesvillc
Joe Lynch, City Administrator, Arden Hills
William Mars, Mayor, Shakopee
Tom Mathisen, Engineer, Crystal
Paul McLaughlin, Councilmember, International Falls
Steve Miclke, City Manager, Hopkins
David Minke, City Administrator, Princeton
Gary Neumann, Assistant Administrator. Rochester
Steve Okins, Finance Director, Willmar
Steve O'Malley, Deputy City Manager, Burnsville
Roger Peterson, Legislative Affairs Director, Assoc. of
Metropolitan Municipalities
Michael Rietz, Ciry Administrator, Kasson
Climon Rogers, City Administrator. Janesville
Mark Sather, City Manager, White Bear Lake
Ryan Schroeder. City Administrator, Cottage Grove
Mark Sievert, City Administrator, Fergus Falls
.
James Smith, Councilmember, Independence
Gerald Sorenson, Administrative Services Director,
Moorhead
Robert Therres, Support Service Manager, Blaine
Blair Tremere, Councilmember, Golden Valley
David Urbia, City Administrator, Blue Earth
Don Vellenga, Councilmember, Ada
Dan Vogt, City Administrator, Brainerd
Jim Willis, City Administrator, Inver Grove Heights
Rick Wolfsteller, City Administrator, Monticello
ImproVing Local Economies
Brenda Johnson, Chair, Councilmember, Chatfield
Ronda Allis, City Administrator, Winnebago
Sue Anderson, Councilmember, Fairmant
Ken Ashfeld, City Engineer, Maple Grove
David Beaudet, Mayor, Oak Park Heights
Laura Blair, Information Technical Director, Red Wing
Jerry Bohnsack, City Administrator, New Prague
Jim Brimeyer, Councilmember, St. Louis Park
Wayne Buse, Technical Systems Designer, White.
Bear Lake
Cathy Busho, Mayor. Roscmount
Kevin Carroll, Community Development Director,
Farmington
Catherine Conlow, Public Service Manager, Blaine
Tlm Cruikshank, City Manager, Anoka
Michael Eastling, Public Works Director, Richfield
Steve Elkins, Councilmcmber, Bloomington
Mark Erickson, City Administrator, Lakefield
Sharon Feess, Councilmember, Brooklyn Park
Richard Fursman. City Manager, Maplewood
Tom Goodwin, Councilmember, Apple Valley
Mary Gover, Councilmember, St. Peter
Susan Hall, Assistant City Manager, St. Anthony
Tom Harmening, Community Development Director,
St. Louis Park
Andrea Hall Kajer, Intergovernmental Relations
Director, Minneapolis
Blaine Hill, City Clerk, Breckenridge
Jon Hohenstein, City Administrator, Mahtomedi
Desta Hum, Councilmember, Fergus Falls
Dave Hutton, Vice Presidem, WSB & Associates, Inc
Curtis Jacobsen, City Administrator, Isanti
Janet Jeremiah. Planning & Zoning Supervisor. St.
Louis Park
Marvin Johnson, Mayor, Independence
Ron Johnson. City Administrator, Zumbrota
Natalie Johnson Lee, Councilmcmber, Minneapolis
Phil Kern, City Administrator. Delano
Patrick Klaers, City Administrator, Elk River
Tom Kough, Councilmember, Roseville
Robert Lilligren, Councilmember. Minneapolis
Marcia Marcoux, Councilmember, Rochester
v
Kim Moore-Sykes, City Administrator, Centerville
Bruce Nawrocki, Councilmember, Columbia Heights
Charlie Nelson. Mayor, Montrose
Robert Olson, Councilmcmber, Brainerd
Samantha Orduno, City Manager, Richfield
Bruce Peterson, Director Planning and Development
Services. Willmar
Roger Peterson, Legislative Affairs Director, Assoc. of
Metropolitan Municipalities
Gene Ranieri, Executive Director, Association of
Metropolitan Municipalities
DarIa Rosevold, Councilmember, Princeton
Joe Rudberg, Administrator, Becker
Stephen Sarvi. City Administrator, Victoria
Vice Schaefer, Mayor, Rockville
Terry Schneider. Councilmember, Minnetonka
Ryan Schroeder, City Administrator, COltage Grove
Jim Smith, Councihnember, Fairmont
Terry Spaeth, Administrative Assistant, Rochester
Steve Stahmer, Assistant City Manager, Hopkins
Blair Tremere, Councilmember, Golden Valley
Craig Waldron, City Administrator, Oakdale
Mark Winson, Chief Administrative Officer, Duluth
Liz Workman, Councilmember, Burnsville
Heather Worthington, City Administrator, Falcon
Heights
John Young, Jr., Councilmember, Hawley
Improving Service Delivery
Mark Karnowski, Chair, City Administrator, Lindstrom
Laurie Ahrens, Assistant City Manager, Plymouth
Jeannie Bowers-Stead, Councilmember, Greenwood
Craig Dawson, City Administrator, Shorewood
Pam Dmytrenko, Assistant to City Manager, Richfield
John Ehret, Fire Chief, West St. Paul
Mary Hammn-Roland, Mayor, Apple Valley
Tom Hansen, Deputy Manager, Burnsville
Lori Hansen, Councihnember, South St. Paul
Joel Hanson, City Administrator, Little Canada
Dave Hutton, Vice President, WSB & Associates, Inc.
Janet Jeremiah, Planning Zoning Supervisor, St. Louis
Park
Steven Jones, City Manager, Montevideo
Linda Koblick, Councilmember, Minnetonka
John Kysylyczyn, Vice Chair, Mayor, Roseville
Karen Lowery Wagner, Intergovernmental Relations,
Minneapolis
Joe Lynch, City Administrator. Arden Hills
Mary McComber, Councihnember, Oak Park Heights
Pete Meintsma. Mayor, Crystal
Kathleen Miller, City Administrator, Mounds View
Yale Norwisk, Mayor, Mahtomedi
Desy I Peterson, City Attorney, Minnetonka
Gene Ranieri, Executive Director, Association of
Metropolitan Municipalities
Jeff Thompson, Mayor, Paynesville
Kent Torve, Mayor, Lorello
Dean Zimmennann, Councihnember, Minneapolis
.
Hnman Resonrces & Data Practices
Laurie Elliott, Chair, Human Resource Manager,
Shoreview
Geralyn Barone, Assistant City Manager, Minnetonka
Holly Duffy, Deputy Clerk, Eagan
Terry Haltiner, Labor Relations Manager, St. Paul
Natalie Johnson Lee, Councilmember, Minneapolis
Kay Kuhlmann, Council Administrator, Red Wing
Karen Lowery Wagner, Government Relations
Representative, Minneapolis
Kay McAloney, Human Resources Director, Anoka
Diana Murack, City Administrator, Carver
David Osberg, City Administrator, Hastings
Givona Reed, Assistant to Administrator, Mounds View
Carol Rogers. Human Resource Generalist, Minneapolis
Jerry Splinter, City Manager, Coon Rapids
Dan Tesch, Administrative Director, Lino Lakes
Jeanna Troha, Assistant to City Manager, New Brighton
Jody Vogl-Eilertson, Assistant to City Manager, West
St. Paul
.
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VI
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League of Minnesota Cities
Policy Development Process
At the League's annual June 2002 meeting in Rochester, the membership adopted a constitutional
amendment that places responsibility for adoption of legislative policy with the Board. The amendment
took effect immediately upon adoption. Hence, the LMC policy adoption process is changing. An
important feature to this change is the input of the full LMC membership.
AprillMay The League solicits members for ideas and problems. A survey at the Annual Conference
allows members to formally suggest topics.
June The League President accepts applications for committees and appoints policy committee
members.
The policy commillees are: Improving Fiscal Futures
Improving Local Economies
Improving Service Delivery
Human Resources and Data Practices
July
Committees meet to discuss various policy issues. Committees can also form task forces
to more thoroughly study specific issues. Task forces can include non-city members with
a knowledge of the focus issue.
August
through
September
Committees and lask forces meet to discuss issues and problems, accept
testimony and develop policy statements.
Mid-January The LMC Board is moving ahead with the proposal that the Policy Adoption
Conference Conference and the Legislative Conference (normally held in late February or early
March) be combined into a new major legislative "event" held in early to mid-January.
Key events for the day would include:
. unveiling the League's State of the Cities report, which will deal with census data on
demographic and diversity trends, city fiscal concerns, transportation, housing and
land development patterns. The "unveiling" would include holding a press
conference;
. inviting the new Governor and/or key legislative leaders to address the group;
. reviewing key LMC legislative priorities with the members;
. including in that review a discussion about federal issues that have been raised
through the NLC process at the Congress of Cities in December, or which are
anticipated for the Congressional-City Conference in March; and
. sending our delegates off to the Capitol to advance LMC's agenda with their senators
and representatives
vii
General Policy Statement
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The League of Minnesota Cities serves as a forum for cities to define common problems and develop
policies and proposals to solve those problems.
The League of Minnesota Cities represents 818 of Minnesota's 853 cities as well as 11 urban towns and
28 special districts. All sizes of communities are represented among the League's members (the largest
nonmember city has a population of 173) and all regions of the state are represented.
The policies that follow are directed at specific city issues. Two principles guide the development of all
League policies:
1. There is a need for a governmental system that allows flexibility and authority for cities to meet
the challenges of governing and providing citizens with services while at the same time
protecting cities from unfunded or underfunded mandates, liability or other financial risk, and
restrictions on local control; and,
2.
The financial and technical requirements for governing and providing services necessitate a
continuing and strengthened partnership with federal, state, and local governments. This
partnership, particularly in the areas of finance, development, housing, environment and
transportation, is critical for the successful operation of Minnesota's cities and the well-being of
residents.
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Statement of Intent
There are many issues affecting the effectiveness of city government to improve community life,
improve the fiscal future and service delivery of city government, and improve the local economy.
What follows are statements of the issues facing cities and the League of Minnesota Cities' proposed
responses to these issues. These statements of issues and proposed responses form the policy of the
League of Minnesota Cities. Additional and alternative responses to those issues may be proposed after
the Policy Adoption Conference, and the members of the League authorize its Board of Directors to
consider and support additional or alternative responses, if necessary, to resolve the issues identified in
this policy statement.
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Vl11
. GUIDELINE FOR BUILDING QUALITY COMMUNITIES
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To the greatest extent possible, legislation affecting communities at the state and federal level should
enhance, not diminish, the ability of citizens, businesses, and local governments to work together in
partnership to make every community "livable."
ISSUE: Cities in Minnesota are at various stages in meeting the goal of being "livable, healthy
communities. II
RESPONSE: The definition of a "livable, healthy community" below will be used to evaluate
proposed legislation to determine whether or not it advances the goal of enabling all Minnesota
cities to become livable, healthy communities. It should also be used by cities to evaluate their
progress toward the goal of becoming Iivahle, healthy communities.
A LIVABLE, HEAL THY COMMUNITY IS:
WHERE PEOPLE OF ALL AGES
· share a core of common values including valuing diversity, respecl for each other, and good
citizenship
. feel:
* safe
* a sense of belonging
* welcome
· engage in life-long learning activities that:
* promote responsible citizenship
* enhance the enjoyment of life
* prepare them for changing job markets
· participate in the decision-making process with community leaders
· celebrate community
. want to make their home
. have access 10:
* good paying jobs
* adequate and affordable housing
* choice of efficient transportation systems including transit, pedestrians, and bicycles
* gathering places
* desired information
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* choice of cultural and recreational activities
* affordable goods and services, including health care
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· are involved in the nurturing of youth
. care about their homes, community, and the environment
· get to know each other
· have the benefit of strong family support and nurturing adults
WHERE LOCAL GOVERNMENT
· is responsive to the needs of its citizens
· is actively supported by enthusiastic volunteers
. is open and user friendly
· encourages and implements cooperation and collaboration
. provides and maintains an adequate physical infrastructure and promotes social infrastructure to meet .
local needs
· educates citizens of all ages on local, regional, and state issues and government processes
· informs and communicates with citizens to foster participation in public policy decision-making
· participates in youth development
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· 2003 CITY POLICIES
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IMPROVING FISCAL FUTURES
FF-l. State-Local Fiscal Relations (GC)
Since the 1970s, services provided by Minnesota cities have been largely funded through
a combination of property taxes, state aids, and state property tax relief programs. This system of
municipal fmance has evolved to ensure that municipal services can be funded without excessive
local tax burdens,
In 2001, the Legislature enacted significant changes to the property tax system. With
those changes, the state increased its funding participation for schools while city operations
received less funding. On average, cities are now more reliant on property taxes to fund their
operations, although some cities are now more reliant on state aid. The changes to the state aid
distribution were necessary to more evenly distribute tax relief across the state.
With the budget crisis that now confronts the state, further review by the Legislature and
possible changes to the municipal finance system appear likely. This could ultimately translate
into further reductions in state aid to cities and, therefore, a further increased reliance on property
taxes to fund city operations.
Any changes 10 the state-local fiscal system should meet the following goals:
. Reduce tax burden disparities among communities and between cities and adjacent
townships.
· Compensate cities and their taxpayers for overburden and tax exempt property.
· Compensate for state-imposed mandates.
· Provide sufficient funding to address these principles.
· Respect the decision-making authority of local officials.
FF-2. LGA Data Issues (GC)
Issue: The release of 2000 Census data has highlighted a problem with one of the
variables used in the local government aid (LGA) distribution formula. The pre-l 940 housing
percentage statistic used as one proxy measure of each city's need is derived from sample data
collected in the "long-form" survey. For individual cities, this statistic appears to significantly
f1ucmate and may not accurately estimate the actual age of housing.
Response: The Legislature should identify a replacement source for data to measure
the amount of housing. The formula should continue to use the 1990 Census data until a
more accurate replacement data set can be identified.
FF -3. LGA and Market-Value Homestead Credit Cuts (GC)
Issue: City reliance on state aids and funding for property tax relief programs means that
the state's budget deficit could become a local budget problem if funding for these programs is
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1 reduced. These programs did not share in the gains in the state budget over the past decade and,
2 therefore, should not be cut.
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4 To balance the state budget last year, the Legislature eliminated more than $200 million
5 in funding for the tax increment fmancing (TIF) district grant program and repealed the LOA
6 reform account. The elimination of the TIF grant program will ensure that TIP district deficits
7 caused by the 2001 tax reforms will translate into higher municipal property taxes in affected
8 cities.
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10 Cuts in LOA and the market value homestead credit could impact the distributions
11 scheduled for July, October, and December 2003. Cities have established their 2003 budgets
12 based on the amount of LOA certified by the state in August 2002. Once the property tax levy is
13 finalized in December, cities will have no ability to offset these culS with property tax increases
14 until the 2004 fiscal year.
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16 Response: The League opposes cuts in LGA and the market-value homestead credit
17 reimbursement. Cuts in these programs will result in cuts in city services and long-term
18 property tax increases. If the state needs to balance its budget, it should increase state
19 sources of revenue or cut other state expenditures and not increase local property taxes by
20 cutting city aids.
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22 FF -4. Sales Tax on Local Government Purchases (GC)
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24 Issue: In 1992, when the state was experiencing a budget shortfall, the Legislature
25 repealed the sales tax exemption for local government purchases. Local governments now pay
26 state sales tax on purchases like road maintenance supplies and equipment, wastewater treatment
27 facilities, and some public safety equipment This tax currently costs local property taxpayers
28 and ratepayers more than $100 million annually. In addition, proposals to extend the sales tax to
29 services would have the effect of increasing local government costs and property taxes. Because
30 no additional state aids were added to offset the additional cost, this repeal has effectively
31 increased local property taxes to finance state operations.
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33 Response: The state should reinstate the sales tax exemption for all local
34 government purchases. The exemption must not be coupled with cuts in LGA.
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36 FF-S. Levy Limits (GC)
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38 Issue: As a part of the 2001 omnibus tax bill, the Legislature enacted levy limits for
39 cities over 2,500 population for two years. Although the levy limit formula provides some
40 growth for local budgets, levy limits replace local accountability with a state judgment about the
41 appropriate level oflocal taxation and ultimately local services. Additionally, levy limits can
42 have a negative effect on a city's bond rating due to the restriction on revenue flexibility.
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44 This past year, the levy limit formula produced extremely tight levy limits due largely to
45 the inflation growth measure that estimated the inflation growth in government costs to be less
46 approximately 0.76 percent. This measure of inflation does not mirror the inflation pressures
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most cities are experiencing on items such as property/casualty insurance coverage, employee
health care coverage, additional security costs, and lower returns on invested funds.
Two of the stated goals of advocates of the 200 I tax bill were to make the property tax
more of a local tax and to increase local accountability for the property tax. However, levy limits
clearly violate these goals by involving the state in local budget decisions.
Response: City councils are elected to make decisions about local budgets and
meeting community needs. It is inappropriate for the Legislature to undermine local
decision-making and accountability through the continued imposition of levy limits. Levy
limits should expire.
FF-6. Reverse Referendum (GC)
Issue: Proposals to impose a reverse referendum requirement on municipal property tax
increases would diminish the ability of local elected officials to respond to the needs of their
communities. In addition, the reverse referendum proposals that have been recently offered
would disrupt the local budget process by potentially requiring a public referendum in late
January, nearly one month into the city's fiscal year.
Response: The League supports the principle of representative democracy and
opposes reverse referendum requirements.
FF-7. City Revenue Diversification (GC)
Issue: Under current state law, the property tax is the only generally accessible form of
local tax revenue for cities. Recent retrenchment in state aid programs will likely increase city
reliance on property taxes in the future. Allowing cities to diversify their revenue stream would
prevent rapid rises in property taxes.
Response: Cities should be able to diversify their sources of revenues.
FF-8. Taxation of Municipal Bond Interest (GC)
Issue: The state law that grants a tax exemption for municipal bond interest lowers
borrowing costs for cities and reduces property tax levies.
Response: The state should maintain the tax exemption for municipal bond interest
income.
FF-9. City Fiscal Year (GC)
Issue: The fiscal year for cities and counties currently corresponds to the property tax
cycle.
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2 to coincide with the state fiscal year.
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4 FF-IO. Payments for Services to Tax-Exempt Property (GC)
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6 Issue: Taxable property in many cities is being acquired by nonprofit and government
7 entities. Converting the property to tax-exempt status can lead to serious tax base erosion without
8 any corresponding reduction in the service needs created by the property.
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10 Response: Cities should have the authority to collect payments from statutorily
11 exempt property owners to cover costs of service as cities have with special assessments.
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13 FF-l1. Truth-in-Taxation Process (GC)
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15 Issue: Cities must set a preliminary levy by Sept. 15, which, by law, becomes the
16 maximum that cities can levy the following year. In recent years, cities have not received
17 complete tax base and aid information in a timely manner. As a result, cities often either set a
18 preliminary levy that is artificially high or they are unable to budget for unforeseen needs that
19 arise after Sept. 15.
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21 Response: The League supports changes to the Truth-in-Taxation process to provide
22 more meaningful information to citizens, including the exemptions enacted in 2001 for
23 cities that propose levy increases less than the implicit price deflators. However, this .
24 calculation should account for the impact of state aid cuts on proposed levies. Cities should
25 have the authority to increase the final levy from the preliminary levy to meet unforeseen
26 and uncontrollable needs.
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28 FF-12. State Administrative Deductions from State Aid (GC)
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30 Issue: State administrative costs are deducted from the LGA appropriation. This reduces
31 the property tax relief provided by LGA and creates hidden appropriations for state agencies.
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33 Response: All appropriations from LGA resources that fund state operations
34 should be repealed.
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36 FF-13. Reporting Requirements (GC)
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38 Issue: Budget and financial reporting requirements imposed on cities by the state often
39 result in duplication and additional costs.
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41 Response: Requirements for reporting and advertising [mancial and budget
42 information should be carefully weighed to balance the validity of the state's need for
43 additional information with the costs and burdens of compiling and submitting this
44 information. In addition, all state agencies should be aware of the information already .
45 required by others to avoid duplication of reporting requirements.
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Issue: Congressional budget actions or devolution of program responsibilities may place
fiscal burdens on the state and on local governments.
Response: The state should not reduce aids or increase fees to local governments as
a means for dealing with cutbacks in federal revenues. The state should take responsibility
for reductions in federal revenues, rather than placing the burden on cities and on their
property taxpayers.
FF-lS. Price of Government (GC)
Issue: The price of government legislation enacted in 1994 was intended to measure the
overall effect of state and local taxation over a long period of time. The targels measure
government revenues as a percent of personal income. Unfortunately, the targets have been
misinterpreted and used unfairly to criticize city tax and budget decisions.
Response: The price of government statutes, as they apply to local governments,
should be repealed. If the price of government law is to continue to be applied to local
governments, price of government calculations should be based on the snm of levy and
state aid, not just levy, and based on long-term trends, not single-year events.
Issue: New development and the resulting growth create an increased demand for public
infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic
forecasts for population growth have prompted cities to critically reconsider ways to pay for the
inevitable costs associated with new development. Traditional financing methods tend to
subsidize new development at the expense of the existing community, discourage sound land-use
planning, place inefficient pressures on public facilities, and allow under-utilization of existing
infrastructure. Consequently, local communities are exploring methods to ensure new
development pays its fair share of the true costs of growth. Given the existing authorization to
impose fees on new development for water, sanitary and storm sewer, and park purposes, it is
reasonable to extend the concept to additional public infrastructure and facilities improvement
also necessitated by new development.
Response: The Legislature should authorize cities to impose impact fees so new
development pays its fair share of the off-site, as well as the on-site, costs of public
infrastructure and other public facilities needed to adequately serve new development.
FF -17. Delayed Assessments for Roads (RS)
Issue: Current law allows a city to recoup the costs for water, storm sewer or sanitary
sewer improvements by levying additional assessments on the property benefiting from the
improvement, but not previously assessed. This authority for delayed assessment has not been
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2 benefiting from the improvements.
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4 Response: Cities should be allowed to delay assessments against property located
5 outside the city for road improvements benefiting property abutting the improvement but
6 not previously assessed for the improvement. For example, if a city makes improvements to
7 a road that benefits city residents and township residents, the city should be able to recover
8 costs through future assessments to the township property when the property is brought
9 into the city. Once the township property is brought into the city, the city would then be
10 able to assess that property for road improvements previously done but not assessed at the
11 time of the improvements.
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13 FF-18. Taxation of Electronic Commerce (GC)
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15 Issue: Sales over the Internet and through other electronic means are projected to
16 increase exponentially over the next several years. Electronic transactions pose significant tax
17 policy challenges because of the difficulty of assigning a location to electronic sales and because
18 many Internet goods are not tangible property.
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20 Response: Federal tax policy should not place main street businesses at a
21 competitive disadvantage to electronic retailers, must not jeopardize repayment of bonds
22 backed by state and local sales tax revenues, and should ensure stability in state and local .
23 revenues. To address the challenges created by the growth of ecommerce, the League
24 supports the multi-state effort to develop a streamlined sales tax system.
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26 FF-19. Limited Market Value (GC)
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28 Issue: The 2001 Legislature enacted a phase-out of the state's limited market value
29 (LMV) system. Under the LMV system, homeowners and cabin owners who experience rapid
30 escalation in their property's value, effectively have a temporary exemption of taxes on a portion
31 of that growth. This exemption has grown rapidly over the past several years and now shifts
32 substantial property tax burdens to other types of property. On the other hand, a rapid phase-out
33 of the program could dramatically shift tax burdens back to homes and cabins.
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35 Response: The Legislature should closely monitor the effects of the phase-out of
36 LMV to avoid excessive tax burden increases for currently benefiting properties. If the
37 phase-out schedule results in excessive tax increases, the Legislature should increase
38 funding for the targeting program or delay the scheduled phase-out, which will buffer the
39 tax burden increases.
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41 FF-20. State Charges for Administrative Services (GC)
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43 Issue: Currently, some state agencies have wide discretion in setting the fees for special
44 services they provide to local governments. For example, the Dept. of Revenue recently .
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with less than six weeks notice. The increase had no apparent relationship to the cost of
providing the service.
Response: State agencies should be required to demonstrate the need for increases in
service fees, and should give adequate notice of increases to allow local governments to
budget for the increases. State agencies should set administrative service fees as close as
possible to the marginal cost of providing the service. Local government should be given
the option to self-administer or contract with the private sector for the service if the state
cannot provide the service at a reasonable cost.
FF 21. Equity in Library Funding (GC)
Issue: Many community libraries in Minnesota are city owned. Although located in an
individual community, city libraries serve a much wider area.
Response: The League supports equity in availability of quality library services to
city and township residents. Accordingly, the League supports equity in local property tax
levies for libraries. In some Minnesota counties, there are wide disparities between city and
rural tax burdens for library services. There should be more equity in the property tax.
IMPROVING LOCAL ECONOMIES
LE-1. Growth Management and Annexation (RS)
Issue: Unplanned and uncontrolled urban growth has a negative environmental, fiscal,
and governmental impact on cities, counties, and stale governments because it increases the cost
of providing government services and results in the loss of natural resource areas and prime
agricultural land.
Response: The League believes the existing framework for guiding growth and
development primarily through local plans and controls adopted by local governments
should form the basis of a statewide planning policy, and that the state should not adopt a
mandatory comprehensive statewide planning process. Rather, the state should:
· Provide additional fmancial and technical assistance to local governments for
cooperative planning and growth management issues, particularly where new
comprehensive plans have been mandated by the Legislature.
· Clearly establish the public purposes served by existing statewide controls such as shore
land zoning and wetlands conservation; clarify, simplify, and streamline these controls;
eliminate duplication in their administration; and fully defend and hold harmless any
local government sued for a "taking" as a result of executing state land use policies.
· Give cities broader authority to extend their zoning, subdivision, and other land-use
controls up to two miles outside the city's boundaries, regardless of the existence of
county or township controls, to ensure conformance with city facilities and services.
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I . Clearly define and differentiate between urban and rural development and restrict
2 urban growth outside city boundaries.
3 . Facilitate the annexation of urban land to cities by amending state statutes that regulate .
4 annexation to make it easier for cities to annex developed or developing land within
5 unincorporated areas.
6 . Oppose legislation that would reinstate the election requirement in contested
7 annexations.
8 . Encourage ideas consistent with the long-term goal of allowing urban development only
9 in urban areas. Density incentives such as sprawl reduction aid programs are more
10 straightforward methods of rewarding and encouraging compact urban development
11 than using LGA or HACA for another new purpose.
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13 LE-2. Electric Service Extension (AH)
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15 Issue: Minnesota law currently protects the right of municipally-owned utilities to
16 extend electric services to annexed areas. Electric cooperatives have announced their intention to
17 seek legislation that would eliminate the right of municipally-owned utilities to extend electric
18 services to annexed areas. Eliminating municipal authority to extend services would interfere
19 with cities' natural growth and with the ability of municipally-owned utilities to serve the entire
20 community.
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22 Response: The League opposes any statutory change that would impede or
23 eliminate the ability of municipally-owned utilities to extend electric services to any portion
24 of their respective cities, including annexed areas.
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26 LE-3. Statutory Approval Timelines (RS)
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28 Issue: Since 1995, cities have been required to act on written requests relating
29 to zoning, septic systems, the expansion of Metropolitan Urban Service Areas (MUSA) and other
30 land-use applications in accordance to a statutory time period generally referred to as the 60-day
31 rule. Pursuant to Minn. Stat. S 15.99, state and local government agencies must approve or deny
32 a permit within a statutory time frame, and failure by the agency to issue a specific denial of the
33 application with contemporaneous written findings offact shall be deemed an approval. Recent
34 court decisions have made it clear the law needs to be clarified, making it more efficienl and to
35 assist cities in providing accurate and timely responses to applicants.
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37 Response: The Legislature should repeal or amend Minn. Stat. S 15.99. If repeal is
38 unlikely, amendments should:
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40 . Allow government agencies to provide final written findings of fact at the next official
41 meeting of the governing body.
42 . Allow an automatic 60-day extension of the time limit if the agency votes down a
43 resolution granting the request, but does not vote on a resolution denying the request.
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Make clear the 60-day time limit begins at the point when a formal complete written
application is received on forms provided by the city with appropriate additional
supporting documents and including the payment of fees if necessary.
. Increase the initial time limit to 90 days for municipalities with less than 5,000
population.
LE-4. Public Infrastructure Utilities (RS)
Issue: Current infrastructure funding options available to cities are inadequate. Existing
special assessment law, Chapter 429, does not meet cities' financing needs because of the benefit
requirement. The law requires a minimum of 20 percent of such a project to be specially assessed
against affected properties. In practice, however, proof of increased property value to this degree
of benefit can rarely be proven from regular repair or replacement of existing infrastructure such
as streets or sidewalks. Altemalives to the Chapter 429 methods for financing infrastructure
improvements are nearly nonexistent.
The Legislature has given cities the authority to operate utilities for waterworks, sanitary
sewers, and storm sewers. The storm sewer authority, established in 1983, set the precedent for a
workable process of charging a use fee on a utility bill for a city service infrastructure that is of
value to all those in a city. Similar to the storm sewer authority, a transportation or sidewalk
utility would use technical, well-founded measurements and would equitably distribute the costs
oflocal infrastructure services.
Response: The Legislature should authorize cities to create, as a local option,
additional utilities such as a transportation or sidewalk utility. Such authority would
acknowledge: the effects of repeated levy limits and the general funding shift from the state
to local governments for building and maintaining necessary infrastructure; the benefits to
all taxpayers of a properly maintained public infrastructure; and, the limitations of
existing special assessment authority.
LE-5. Development Fee Disputes (RS)
Issue: State law is clear that fees collected under Minn. Stat. ~ 462 are eligible for
judicial review in the event a dispute over the fee arises. The law is not clear what notice
requirements to the municipalily are necessary relative to the timing for an aggrieved person to
seek review.
Response: The Legislature should amend Minn. Stat. ~ 462.361 to establish a 60-day
time limitation in which an aggrieved person may bring an action against the municipality.
LE-6. Housing (AH)
Issue: The roles of federal and state government are critical to assist cities in responding
to the critical lack of both rental and single-family housing for those priced out of the market.
The federal government has largely removed itself from providing direct funding and subsidies
for housing production.
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1 By restricting cities' ability to raise revenues necessary to fInance infrastructure and
2 services required for new affordable housing, state fiscal policies--such as levy limits, restraints
3 on local impact fees, and the current property tax class-rate structure--discourage cities from
4 making land readily available for development of affordable housing.
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6 In the last biennium, state goverrunent largely depended on one-time housing
7 appropriation increases, including directing federal welfare reform and increased federal tax-
8 exempt bond funding to increase construction of low-income rental and entry-level owner-
9 occupied housing; enacted substantial apartment property tax relief; increased funding for
10 homeless prevention and services; and threatened to impose restrictions on local land use
11 authority in order to create conditions in which cities would-make more affordable housing
12 available.
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14 Response: The League recommends the following actions to aid cities in addressing
15 housing needs:
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17 . Use every means, including memorializing resolutions, public forums, citizen action
18 committees, and press coverage, to alert members of the Minnesota congressional
19 delegation to the critical housing problems facing communities throughout the state.
20 · Enact new state and federal initiatives to increase housing production, including tax-
21 exempt bonding, tax credits, and increased flexibility for cities to use housing block
22 grants.
23 . Raise the level of permanent funding for alIordable housing production by increasing
24 the base budget of the Minnesota Housing Finance Agency.
25 . Exempt or reduce the state sales tax on development of alIordable new or rehabilitates
26 housing.
27 · Grant an exemption from the state mortgage and registry deed tax to public agencies
28 and developers who agree to produce alIordable housing.
29 . Create a state affordable housing tax credit and an historic preservation tax credit to
30 preserve and rehabilitate housing.
31 . Continue funding to preserve federally subsidized housing threatened by mortgage
32 prepayments or conversion to market-rate rental property.
33 · Make permanent the policy of not deducting from the MFIP monthly grant either the
34 public housing or Section 8 support payments to individuals or families.
35 · Coordinate and share financial resources among numerous agencies that assist
36 homeless individuals and families to develop continuum of care plans and increase the
37 supply of permanent supportive and assisted housing, including single room occupancy
38 (SRO) units.
39 . Authorize cities to amend their comprehensive plans with a simple majority in order to
40 increase development of life-cycle and affordable housing to meet local needs.
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LE -7. State and/or Connty Licensed Residential Facilities (group homes)
(AH)
Issue: As the need for more residential-based care facilities increases, sufficient funding
is also needed to ensure residents living in group homes and licensed facilities have appropriate
care and supervision. In view of cities' responsibilities to accommodate group homes and
residential-based facilities, it is important state and county government work with local officials
to address residential care and public safety issues. Cities have reasonable concerns for special
care necessary for group home residents, particularly in case of public safety emergencies. Since
operators of certain residential facilities and services are not required to notify cities when they
intend to purchase housing for group homes, cities do not have opportunity to raise concerns and
requirements regarding the special care and public safety measures these residences may expect.
Response: The Legislature should provide sufficient funding for such residential-
based services. The Legislature should also require agencies and licensed providers that
manage and operate group homes to notify cities in a timely manner when they request to
operate such facilities or to renew their license, and allow cities to require them to identify
and take appropriate measures to respond to the special care residents need in case of
emergencies.
Legislation should also require establishment of non-concentration standards for
state or county-issued requests for proposals (RFPs) and direction to avoid clustering
residential facilities. Licensing authorities must also be responsible for removing any
residents incapable of living in such an environment, particularly if they become a danger
to themselves or others.
LE-S. IncIusionary Housing (AH)
Issue: Housing advocates and developers have pointed to local zoning and land-use
regulations as a source of increased housing construction costs. But steeply rising land prices,
building materials, and labor costs, as well as the imbalance in the supply and demand for
affordable housing, account for a far greater proportion of the problem. Cities have responded to
these challenges by adopting development agreements that achieve cost savings and include
affordable units in return for regulatory relief.
Response: The Legislature should:
· Strengthen cities' authority to carry out policies that offer developers a range of
incentives in return for including a designated uumber of affordable uuits in their
projects.
· Identify strategies to ensure long-term affordability of rental and owner-occupied
housing produced as a result of such policies and practices.
· Focus attention on and support local assessment of housing needs and direct state
resources toward development of both affordable rental units and f"mancing to increase
access to entry-level owner-occupied housing.
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1 . Oppose measures that would mandate that cities provide sufficient regulatory relief to .
2 ensure that a specific percentage of units in new housing developments are affordable at
3 particular income pricing without direct subsidy or cross-subsidies or that cities must
4 adopt accessory dwelling unit ordinances.
5 . Refrain from restricting, eliminating, or proscribing local authority to adopt and carry
6 out land use plans, activities, and regulations.
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8 LE-9. Community Land Trusts (AB)
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10 Issue: The steeply increasing price of land available for housing development
11 is a growing concern throughout the state. Action is needed -to create more permanently
12 affordable owner-occupied housing by maximizing the cost-effectiveness of taxpayer
13 investments. MHFA had one-time authority to assist cities to fund the establishment of
14 community land trusts for affordable housing.
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16 Response: The 2002 Legislature should support a land trust capacity-building
17 program and provide capital start-up funds so that community land trusts can offer gap
18 financing, interest-rate write-downs, predevelopment rmancing, and rmancial underwriting
19 costs.
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21 LE-IO. Municipal Telecommunications Authority (AB)
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23 Issue: Cities must have the authority and the tools to put in place the necessary .
24 infrastructure, educational resources, applications, and skill-sets to become connected
25 communities. Several court decisions demonstrate that provisions of the 1996 federal
26 Telecommunications Act requiring removal of barriers to entry for "any entity" apply directly to
27 cities' interest in gaining clear authority to create municipal telecommunications utilities in order
28 to provide advanced services al the local level.
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30 Response: The Legislature and state agencies must act to make it possible for cities
31 to provide affordable access to advanced telecommunications and information services by:
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33 . Allowing a city to become a telecommunications and infonnation service provider upon
34 approval of the city council and to extend services beyond city cooperate boundaries
35 upon authorization of the Municipal Public Utilities Commission.
36 . Derming a strategic leadership role for cities by eliminating barriers to municipal entry.
37 · Supporting efforts by cities to bring advanced services to local residents and businesses,
38 and to encourage collaboration among communities and institutions to expand
39 education, health care, and economic opportunities at the local and regional level.
40 . Allowing cities and municipal utilities to join with other entities, such as cooperative
41 associations, investor-owned utilities, or other municipal utilities or power agencies, to
42 provide telecommunications and infonnation service.
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LE-ll. Right-of-Way Management (AH)
Issue: Cities have fundamental responsibility for managing the safe and convenient use
of public rights-of-way, and hold local rights-of-way in trust for the public as an increasingly
scarce and valuable asset. As demand increases for use of rights-of-way for tower sites as well as
for underground and overhead wireless facilities, cities must continue 10 exercise their authority
to allocate and coordinate that resource among competing uses. Local management
responsibilities vary and are site specific, underscoring the necessity for maintaining local
authority.
Response: State and federal policymakers and regulators must:
· Uphold local authority to manage and protect public rights-of-way, including
reasonable zoning and subdivision regulation and the exercise oflocal police powers.
· Recognize that cities have a paramount role in developing, locating, siting, and
enforcing utility construction and safety standards.
· Support local authority to require full recovery of actual costs of managing use of
public rights-of-way.
· Maintain city authority to franchise gas, electric, and cable services and to collect
franchise fees and alternative revenue streams.
Maintain the courts as the primary forum for resolving disputes over the exercise of
such authority.
· Maintain existing city authority to review and approve or deny plans for installation of
additional wires or cables on in-place utility poles. In the alternative, cities should have
broader authority to require the undergrounding of new and/or existing services at the
cost of the utility or telecommunications entity.
LE-l2. Cable Franchising Authority (AH)
Issue: Franchising authority allows cities to require cable operators 10 meet unique local
needs and interests, including adequate customer service standards; public, educational, and
governmental local origination prograrruning; educational and governmental prograrruning; and
institutional networks for voice, video, and data transmission. This franchising process, in its
current form, works welL As technologies converge and access to new services expands,
however, cities face new challenges such as how to franchise competitive cable overbuilders like
competitive local exchange carriers (CLECs) providing video services and open video systems.
Cities' authority to charge and collect franchise fees for cable modem services is also currently
being challenged at the federal level and has resulted in a significant loss of revenue to cities.
Response: Cities must retain authority to exercise and enforce franchises for
provision of video programming services, regardless of the provider. While challenges to
existing regulatory regimes arise in an era of convergence, cities need discretion and
flexibility to work with competitive providers so that the intent of the 1996 federal
Telecommunications Act can be achieved, including the ability to reqnire PEG support,
institutional networks, customer service standards, and franchise fees or similar
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1 compensation. State and federal governments should enact laws to recognize converging .
2 technologies and preserve and strengthen local authority to advance community interest.
3 Federal jurisdiction should be directed solely to matters that are clearly of federal interest,
4 while retaining city authority over local and intrastate matters. Local cable regulations are
5 essential to prevent misuse of a near-monopoly positions; to protect consumer interests;
6 and to encourage and enable use of local cable systems for public, educational, and
7 government purposes and local origination programming. Such policies must uphold city
8 authority to manage and be compensated for the use of valuable and limited public rights-
9 of-way and to address the community's needs and for which such access is being provided.
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11 LE-13. Wireless Tower and Antenna Siting (AH)
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13 Issue: As demand for wireless communication service increases, wireless service
14 providers seek to site towers, antennas, and other facilities in cities. Cities must continue to have
.15 authority to manage and coordinate the siting of these facilities in the public's interest. Local
16 management needs vary and are site specific, underscoring the necessity for maintaining local
17 authority. This authority is typically exercised through zoning and other police power regulation.
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19 While state law regarding local rights-of-way management (M.S. 237.162.163) does not
20 apply, the Telecommunications Act of 1996 preserves state and local authority over zoning and
21 land-use decisions for personal wireless service facilities, but limits that authority. Specifically,
22 cities may not unreasonably discriminate among providers of functionally equivalent services, .
23 may not regulate in a manner that prohibits or has the effect of prohibiting the provision of
24 wireless services, must act on applications within a reasonable period of time, and must make
25 any denial of an application in writing supported by substantial evidence in a written record.
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27 Response: Cities must be permitted to consider public health, safety, and welfare
28 concerns, including aesthetic and property value issues, in responding to requests to site
29 new wireless facilities. The Legislature should maintain laws that recognize and uphold city
30 authority to manage wireless facilities siting issues through local zoning and other police
31 power regulations and provider agreements, which may include fair compensation. Tbe
32 Legislature should further clarify that wireless providers are not exempt from wning and
33 other police power regulations where the provider proposes to use public rights-of-way to
34 site wireless facilities.
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36 LE-14. Financing Community Reinvestment (ABH)
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38 Issue: The 2001 property tax reform package is having a dramatic impact on how the
39 state of Minnesota's community reinvestment needs are addressed. These impacts bring into
40 question the future viability of tax increment financing (TIP) as the primary 1001 to fund
41 community reinvestment efforts. Activities that cities have historically been able to undertake,
42 but will likely be less able to achieve in the future given the likely diminished effectiveness of
43 TIP include: long-term tax base stabilization and growth, job creation, development of low-to-
44 moderate income and workforce housing, remediation of pollution, elimination of blight, .
45 recycling and redevelopment of the infrastructure, and redevelopment of communities.
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Response: To ensure Minnesota is able to continue to effectively compete with other
states, the Legislature has a responsibility to partner with cities, state agencies, and other
community reinvestment organizations to develop a statewide community reinvestment
strategy, and to identify and implement additional tools to fund community reinvestment
efforts. The state should partner with cities in community reinvestment activities. State
acknowledgment of the need for community reinvestment and economic development is
essential to the state's prosperity, and legislation is needed to generate resources sufficient
to address these critical needs at the local level.
LE-15. Tax Increment Financing (TIF) (ABH)
Issue: Until the state identifies and implements additional development tools, TIF
remains the most viable tool available to fund community reinvestment efforts despite the
significant impacts of the 2001 property tax reform package. Cities and development authorities
will be required to devote considerable efforts in order to understand and address the impacts of
the 2001 property tax reform package on existing TIF districts and potential future projects.
Response: So as to not further complicate this process, the Legislature should not
enact future TIF law restrictions during the 2003 legislative session. In order to allow TIF
to maintain the effeCtiveness that remains in the wake of the 2001 property tax reform
package, the Legislature should consider:
Authorizing any tax increment districts approved after April 1, 1990, to pool
increments in the same manner as districts certified prior to April 1, 1990, for
affordable housing and pollution remediation.
· Expanding the use of TIF to assist in the development of technological infrastructure,
transit-oriented development, the restoration of designated historic stru<;tures, for non-
retail commercial projects, and in non-wetland areas where unstable/non-buildable
soils exist.
· Modifying various provisions in order to better facilitate redevelopment activities.
· Authorizing TIF districts to share in the state property tax.
· Modifying the housing district income qualification level requirements to allow the
levels to vary according to those specific to individual communities.
LE-16. Timeframe for TIF District Establishment Legal Challenges (ABH)
Issue: Recent Minnesota court decisions might expose TIF district establishment
detenninations to legal challenges for an unlimited period of time.
Response: The Legislature should enact a practical timeframe consistent with that
provided in the law governing special assessments limiting the period during which such
legal challenges may be brought. This timeframe could include provisions requiring
increased public notice and hearings.
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1 LE-17. TIF District Deficits (ABH)
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3 Issue: The 2001 Legislature cormnitted significant state resources on an ongoing basis to
4 the TIF grant program in order to address the impacts of property tax reform on existing TIF
5 districts. The 2002 Legislature repealed the entire TIF grant program and eliminated all funding
6 in order to help address the state budget deficit. A significant number of existing TIF districts
7 may experience future deficits due to property tax reform.
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9 Response: The Legislature should reinstate the TIF grant program with funding
10 adequate to allow deficits caused by property tax reform to be addressed. The Legislature
11 should also authorize municipalities to elect to extend the durations of TIF districts, at
12 their discretion, as another mechanism to address TIF district deficits.
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14 LE-18. Business Subsidies (ABH)
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16 Issue: Business subsidy grantors are still getting accustomed to the relatively new
17 Business Subsidies Act. The 1999 Business Subsidies Act was clarified and modified during the
18 2000 legislative session. In order for development agencies to effectively implement the
19 amended law, the law should be allowed to operate without further substantive legislative
20 change.
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22 Response: Without thorough study, the Legislature should not make any
23 substantive changes to the 1999 Business Subsidies Act during the 2003 legislative session.
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25 LE-19. Business Development Programs (ABH)
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27 Issue: The Minnesota Investment Fund is not adequately funded. Additionally, the 2002
28 Legislature's $12 million appropriation for the new Greater Minnesota Business Development
29 Public Infrastructure Grant Program was line-item vetoed by the governor. In light of recent
30 legislative action, local governments increasingly may need to rely on these types of state
31 programs in order to enable them to effectively compete nationally and internationally for
32 business development.
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34 Response: The Legislature should fund the Greater Minnesota Business
35 Development Public Infrastructure Grant Program. Additionally, more state resources
36 should continue to be contributed to the Minnesota Investment Fund.
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38 LE-20. Land Recycling Programs (ABH)
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40 Issue: Communities across Minnesota are faced with expensive barriers to reusing
41 property. These roadblocks include deteriorating, obsolete, and vacant structures as well as
42 varying levels of contamination. Such barriers pose significant problems for cities seeking to
43 reuse existing infrastructure, maintain and improve the property tax base, provide jobs and
44 housing opportunities, and preserve historic structures. While land recycling activities have
45 always been particularly costly as they usually encompass multi-phase projects of extensive
46 duration where site assemblage, demolition, relocation or pollution cleanup must occur before
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private-sector interest can be generated, the 2001 property tax reform package significantly
diminished the ability of cities to undertake these efforts by dramatically reducing revenues
generated by TIP. Exacerbating this situation, the redevelopment account administered by the
Dept. of Trade and Economic Development and the Metropolitan Council programs supporting
land recycling continue to be under funded.
Response: In recognition of the uniqne needs of land recycling projects, the state
should restore and increase funding for the redevelopment account administered by the
Dept. of Trade and Economic Development and the redevelopment programs administered
by the Metropolitan Council. Additionally, as part of a comprehensive approach to land
recycling needs, the Legislature should consider state income tax credits and other tax
incentives for local historic preservation efforts. The Legislature should also enact
authority similar to the "This Old House" law that would provide a tax deferral on
improvements to commercial buildings located in designated rehabilitation or historic
preservation districts. Finally, the Legislature should continue its support and increase
funding levels for state and regional programs to assist in contamination cleanup and
brownfields remediation efforts.
LE-21. Property Tax Abatement Authority (ABH)
Issue: In an effort to increase the number of development tools available, the 1997
Legislature authorized local units of government to grant property tax abatements. Although TIP
continues to be the primary financing mechanism for local development projects, tax abatements
provide a good addition to a needed list of economic development tools. In order to provide
rnaximum benefits, tax abatements should be less restrictive in terms of funding caps and
financing terms. Property tax abatements should not be considered a replacement for tax
increment financing.
Response: TIF is still the primary, viable development tool available for cities.
Abatement authority should continue to be available, but not offered as a rationale to
eliminate TIF. Additionally, the Legislature should develop a state fund to facilitate state
participation in abatement projects. Finally, the funding caps should be increased or
eliminated.
LE-22. OSA Response Timelines (ABH)
Issue: The Office of the State Auditor (OSA) is responsible for TIP oversight. As part of
its review of TIP districts, the OSA identifies alleged violations of the TIP laws and issue
noncompliance notices to TIP authorities. After responding to these noncompliance notices
within the required 60-day period, authorities often do nol receive timely responses on the matter
from the OSA. Governmenl agencies typically have response time deadlines. Additionally, TIP
authorities are often unclear about the final disposition of the matter upon receipt of a final
noncompliance notice.
Response: In the event that the OSA determines to issue a ("mal non-compliance
notice to a TIF authority, the Legislature should require the OSA to issue the notice within
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2 contain the OSA's final position on the matter, the date upon which they forwarded the
3 matter to the county attorney, and the next steps that are required to be taken according to
4 state law. Upon expiration ofthe 60-day period, the authority should be deemed to be in
5 compliance with the TIF laws if no final noncompliance notice is received.
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7 LE-23. OSA Time Limitations (ABH)
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9 Issue: The Office of the State Auditor (OSA) has the authority to issue noncompliance
10 notices for every existing TIP district in the state for alleged violations of the TIP laws. This
II authority extends retroactively to the inception of the district. Accordingly, TIP authorities can
12 receive noncompliance notices for alleged violations that occurred 20 or more years ago. Often,
13 staff and record-keeping procedures have changed, and TIP authorities fmd it exceedingly
14 difficult to reconstruct the past in order to identify and remedy these situations. Similarly, the
15 OSA claims the authority, based on the state's records retention schedule, to audit TIP districts
16 for up to 10 years after decertification, which requires cities to expend staff resources to maintain
17 files and a working know ledge of old districts for an umeasonable period of time.
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19 Response: A reasonable timeframe within which alleged violations are identified
20 should be established. The Legislature should reasonably restrict the OSA's ability to issue
21 noncompliance notices to the six-year period prior to the notice's issuance date. The
22 Legislature should also require the OSA to conduct any audits on decertified districts
23 within one year of decertification. .
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25 LE-24. Economic Development Authorities (ABH)
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27 Issue: The 2000 Legislature authorized counties outside the metropolitan area to
28 establish county economic development authorities (EDAs). The new law lacks specificity on
29 certain process and limitations issues. County EDA activity in areas surrounding cities will
30 directly impact the adjacent city in terms of service provision and taxes.
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32 Response: The Legislature should establish reasonable limits on county EDA
33 activities in unincorporated areas, including requiring city approval for proposed county
34 EDA activities within two miles of a city. The Legislature should revisit the county EDA
35 legislation and add specificity to other process and limitations issues such as the local
36 recommendation committee.
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38 LE-2S. Workforce Readiness (ABH)
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40 Issue: State and federal welfare reform efforts have focused on the importance of the
41 welfare-to-work transition, and have recognized the challenge of ensuring individuals are
42 qualified to work. Cities have an interest in the availability of qualified workers as part of their
43 economic development efforts, and can serve as a catalyst with other public entities and the
44 private sector to address workforce readiness issues. .
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42 acknowledge the technical and practical restrictions on construction and reconstruction of
43 urban road systems. New municipal state aid design standards should not apply to
it reconstruction of existing state aid streets originally constructed under different standards.
Future changes to state aid rules should ensure the involvement of elected officials and
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Response: The Legislature should continue to fully fund the job skills partnership
and pathways programs administered by the Dept. of Trade and Economic Development.
The Legislature should provide additional funding to local workforce councils for the
purpose of upgrading the skills and productivity of the workforce.
LE-26. Adequate Funding for Transportation (AF)
Issue: Current funding for roads and transit systems across all goveroment levels in the
state is not adequate. If funding remains inadequate, Minnesota's transportation system will not
meet the capacity needs necessary to sustain population growth and promote economic
development. The League acknowledges that all Minnesota tommunities benefit from a sound
and adequately funded transportation system that offers diverse modes of travel.
Response: More resources must be dedicated to the state's transportation system.
The League supports constitutionally dedicating a portion of the sales tax on motor vehicles
(also referred to as the MVST) or other new revenue sources to a transportation fund,
which would fund both highway and transit projects. The League also supports an increase
in the gas tax that would be dedicated under the existing highway user trust fund formula.
Replacement funding for vehicle registration taxes (known as tab fees) must be
constitutionally dedicated to the highway user trust fund.
If adequate funding does not come from the state, cities should have funding options
such as special taxing authority made available to them to raise the necessary dollars to
adequately fund roads and transit.
The League also supports special funding for cities burdened by excessive cost
participation responsibilities imposed by improvement projects on the state's principal
arterial system, and for transportation components of economic development and
redevelopment projects of regional significance. Cities under 5,000 should be eligible for
this funding.
All nontransportation programs should be funded from sources other than the
highway user distribution fund or other funds dedicated to transportation.
LE-27. State Aid for Urban Road Systems (AF)
Issue: Current rules governing municipal state aid expenditures are restricting the
efficient use of these funds, and do not adequately acknowledge the constraints of road systems
in urban city environments.
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1 LE-28. Turnbacks of County and State Roads (AF)
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3 Issue: As road funding becomes increasingly inadequate, more roads are being "turned
4 back" to cities from counties and the state.
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6 Response: Turnbacks should not occur without direct funding or transfer of a
7 funding source. A process of negotiation and mediation should govern the timing, funding,
8 and condition of turned-back roads. City taxpayers should receive the same treatment as
9 township taxpayers. The requirement for a public hearing, standards about the conditions
10 of turnbacks, and temporary maintenance funding should also apply to county turnbacks
11 to cities. At a minimum, roads that are proposed to be turned back to a city government
12 should be brought up to the standards of the receiving government or that city should be
13 compensated with a direct payment. Direct funding should be provided for smaller cities
14 that are not provided with turnback [mancing through the municipal state aid system.
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16 LE-29. Road Funding for Cities Under 5,000 (AF)
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18 Issue: Cities under 5,000 population do not receive any nonproperty tax funds for their
19 collector and arterial streets.
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21 Response: Cities under 5,000 population that are not eligible for Municipal State
22 Aid (MSA) should be able to use county municipal accounts and the 5 percent account of
23 the highway user distribution fund.
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25 Uses of county municipal accounts should be statutorily modified so counties can
26 dedicate these funds for local arterials and collector streets within cities under 5,000
27 population. In addition, the 5 percent set-aside account in the highway user distribution
28 fund should be used to meet this funding gap.
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30 LE-30. Railroad-Related Projects (AF)
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32 Issue: Cities are being presented with far-reaching and long-term effects when railroad
33 expansion and related projects enter their communities. Along with the concerns related to
34 safety, environmental effects, and noise impacts on the communities, several issues have greater
35 reaching effects. They are;
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37 . The cost-share ratio related to roadway crossing improvements will be borne by the public
38 sector to a substantial degree, some estimates are 80 percent public to 20 percent private
39 funding.
40 . The fmancial burden faced by the public sector to deal with mitigation improvements, a cost
41 that the Surface Transportation Board (STB) is not requiring the private sector to pay.
42 . The issues associated with the length of trains moving through communities.
43 · Liability associated with whistle-blowing ordinances.
44 . Pre-emption of local authority to regulate railroad activities.
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Response: The private sector must be required to pay a greater share. of the
improvements that benefit their industry. The public sector should not be expected to
underwrite the costs of improvements sought by the private sector. The state and federal
government must participate in adequately funding the mitigation of the negative impact of
railroads on local government and its citizens. The federal government must exercise
greater over-sight of the 8TB to ensure fair and equitable solutions are reached when
dealing with cities in Minnesota.
IMPROVING SERVICE DELIVERY
SD-l. Redesigning and Reinventing Government (GC)
Issue: Every level of government is re-evaluating, reprioritizing, redesigning, and
renewing its organizational structure and programs in response to fmancial realities and citizens'
needs and problems. Reforms, however, must be more than change for the sake of change or a
reshuffling of existing programs to appease the electorate. To be meaningful, reorganization and
reassignments of governmental entities and services should save money where feasible, deliver
improved services, serve essential needs, and be equitably structured. Cities have and will
continue to pursue the use of cooperative agreements, the re-evaluation of city programs and
services, and changes to organizational structures.
Response: The federal, state, and county governments should:
· Ensure that in redesigning, reinventing or reassigning government services and
programs that the appropriate level of service to citizens is evaluated and citizen
demands and expectations are adequately addressed.
· Promote local efforts through incentives, rather than mandates.
· Communicate and establish a process of negotiation before shifting responsibility for
delivering services from one level of government to another or seeking to reduce service
duplication.
· Transfer authority for use of revenues dedicated to such programs, or provide
appropriate and adequate alternatives.
· Identify and repeal programs or discontinue services that are no longer necessary or
which can readily and fairly be provided by the private sector.
· Employ existing government entities in redesign efforts rather than create new agencies
or units.
SD-2. Unfunded Mandates (GC)
Issue: The cost of federal and state mandated programs substitute the judgment of
Congress, the president, the Legislature, and the governor for local budget priorities. These
mandates force cities to reduce funding for other basic services or to increase taxes and service
charges. The passage by the Legislature of reporting requirements for new state mandates, and
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2 problem, but other steps are necessary.
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6 · Existing unfunded mandates should be reviewed and modified or repealed where
7 possible.
8 · No additional statewide mandates should be enacted, unless full funding for the
9 mandate is provided by the level of government imposing it or a permanent stable
10 revenue source is established.
11 . Cities should not be forced to comply with unfunded mandates.
12 . Cities should be given the greatest flexibility possible in implementing mandates to
13 ensure their cost is minimized.
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15 SD-3. City Costs for Enforcing State and Local Laws (AF)
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17 Issue: Cities experience substantial costs enforcing state and local laws, particularly
18 those related to traffic, controlled substances, and incarceration of prisoners. The current method
19 in our criminal justice system of recovering costs for law enforcement and prosecution through
20 fmes is insufficient to meet the costs incurred by local governments.
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22 Response: The Legislature should review this issue and adopt measures that
23 provide for complete reimbursement of the costs incurred by local governments in
24 enforcing state and local laws. Solutions that should be considered include the following:
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26 . Increasing fine amounts.
27 · Removing or modifying county and state surcharges that conflict with cost recovery
28 principles.
29 . Requiring the defendant to pay the full costs of enforcement and prosecution as part of
30 any sentence.
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32 SD-4. Design-build (AF)
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34 Issue: The standard bid procedure cities are required to use in selecting contractors for
35 municipal buildings can be quite costly. Private sector development uses a process known as
36 "design-build" in which various firms submit project proposals that include both a design and the
37 construction costs for that design. The selection is then based on the total package. By granting
38 specific statutory authority to use the design-build alternative to the Metropolitan Sports
39 Facilities Commission and state agencies, including the Dept. of Revenue, the Legislature has
40 recognized the financial savings it can provide. In documented instances, cities have saved
41 taxpayers up to 10 percent of the total project cost by using the design-build alternative.
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43 The design-build process also permits improved project management and oversight.
44 However, absent statutory authorization to use this alternative, cities are vulnerable to lawsuits
45 from unsuccessful bidders. In addition, the design-build process for playground equipment can
46 encourage greater creativity while maintaining cost controls. Special legislation was enacted for
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the city of Chanhassen in 1995 to experiment using this process for purchasing playground
equipment.
Response: The Legislature should authorize an extension of the design-build
procedure to cities as a less expensive alternative to the standard bid procedure.
SD-5. Providing Information to Citizens (ABH)
Issue: To keep the public updated and informed, state law requires local units of
government to publish various notification documents in newspapers, and often dictates which
newspapers receive cities' publication business. The number and variety of documents required
to be published and the costs of publication are burdensome. Technological advancements have
expanded the ways government can provide information to citizens. In many cases, these new
technologies are mOTe efficient and cost effective.
Response: Cities should be authorized to take advantage of new technologies to
increase the dissemination of information to citizens and potentially lower the associated
costs. Specifically, the Legislature should authorize local units of government to designate
an appropriate daily/weekly publication; elect alternative means of communication such as
city newsletters, cable television, and the Internet; and expand the use of summaries where
information is technical or lengthy. Additionally, the Legislature should eliminate outdated
or unnecessary publication requirements.
SD-6. Construction Codes (RS)
Issue: Each year the Legislature addresses construction codes issues that have some
impact on local governments. In addition, the Construction Codes Advisory Council and
Builders' Association of Minnesota have indicated they may be recommending legislation to
require statewide enforcement of the building code.
While all cities must enforce certain codes--such as the accessibility code, the electrical
code and the bleacher safety code--the state's building code remains a local option for cities
outside the metropolitan area. Many greater Minnesota cities have adopted the state building
code and all cities within the seven-county metropolitan area are required to adhere to the state
building code.
Response: A building code provides many benefits, including uniformity of
construction standards in the building industry, consistency in code interpretation and
enforcement, and life-safety guidance.
A statewide-enforced building code may have benefits, but requiring it would result
in an unfunded mandate. The enforcement of a building code can be cost prohibitive for
many cities due to the expenses and overhead related to staffing vs. the limited building
activity occurring in some communities.
The League supports adoption of a state building code so long as there is not
mandatory enforcement at the local level. The adoption of an enforced state building code
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2 unless the state fully funds the costs of enforcement and inspection services necessary to
3 enforce a statewide building code.
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5 In the event the Legislature requires an enforced statewide building code, local
6 governments must have the option to hire or select a building official of their choice and set
7 the appropriate level of service, even if the state fully funds code enforcement activities.
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9 To the extent the insurance industry is concerned about insuring structures not
10 built to code, the industry should drive code compliance by issuing policies or setting rates
11 based on whether the strncture meets various code requirements.
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13 SD-7. National Fire Protection Association (NFPA) Standards (AF)
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15 Issue: The National Fire Protection Association (NFPA) is an international association
16 of individuals and trade and professional organizations that deals with fire and life safety. The
17 NFP A has adopted two new standards: NFP A 1710, Organization and Deployment of Fire
18 Suppression Operations, Emergency Medical Operations, and Special Operations to the Public
19 by Career Fire Departments, and NFPA 1720, Organization and Deployment of Fire
20 Suppression, Emergency Medical Operations, and Special Operations to the Public by Volunteer
21 Fire Departments. NFP A standards 171 0 and 1720 define minimum response times, minimum
22 fire company staffing levels, initial full alarm response levels, and extra alarm response levels.
23 Although NFP A codes and standards are voluntary, they are usually adopted by local .
24 jurisdictions. NFPA standards 1710 and 1720 preempt local authority and place a one-size-fits-
25 all mandate on all cities and towns.
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27 Response: Levels of service delivery for fire and emergency medical services (EMS)
. 28 have always been determined by local jurisdictions. The NFP A has clearly gone outside its
29 authority in proposing these national minimum response, manning, and stafimg standards.
30 If adopted and issued, these proposed NFP A standards would force local governments to
31 shift dollars from fire prevention programs to fire suppression activities, potentially
32 increasing the risk of fire and the danger to local firefighters.
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34 The League opposes any attempt by the NFPA to impose standards for staffmg or
35 minimum manning levels of fire, specialized, or emergency medical services vehicles
36 controlled by units of local government. The League also opposes any attempt by the NFP A
37 to adopt a standard dictating or affecting the response time of any fire, specialized or
38 emergency medical services vehicle.
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40 SD-8. Fees for Service (RS)
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42 Issue: The Legislature and interest groups often seek to mandate specific fee limitations
43 for various city services. Examples of such mandates include building permit fee legislation and
44 coin-operated amusement machine license fee legislation, both designed to rigorously control .
45 local fee setting authority. Additionally, starting in 2003, all city development fees and related
46 expenditures will be reported to the state.
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Other groups, like the Citizens Jury and the media, are discussing the value of fees for
providing services. The Citizens Jury gave limited acknowledgment of the value fees may have
in providing core city services. The media often urges the public and policymakers to monitor
city use of fees.
Response: While the state has a role in providing a general statewide funding
policy, the state should not interfere in the decision-making functions performed by cities
when setting city budgets to provide city services. General services--such as permitting,
inspections, or enforcement..are best funded out of a city's general fund.
The League supports the Legislature endorsing city authority to charge fees that are
reasonably related to the cost of providing the service, permit or license, and
acknowledging there are other associated costs inherent in the provision of those services,
permits or licenses. However, cities oppose any move to legislate specific methods to pay for
city services or place caps on city fees.
SD-9. State Assistance for Library Funding (JO)
Issue: Many communily libraries in Minnesota are city owned. Although located in an
individual community, city libraries serve a much wider area. Local libraries need to be
improved in order to provide access to both written and electronic media to enhance the
educational capacity of both adults and children.
Response: The League supports a state matching grant program to provide dollars
to assist communities to work in partnership to build and improve libraries.
SD-IO. Civil Liability of Local Governments (RS)
Issue: One of the barriers to the delivery of governmental services and programs is the
exposure of local governments and their officials to civil damage claims. The state has acted to
protect itself and its local governments by enacting exceptions and limitations to liability suits,
and authorizing self-insurance and other mechanisms to deal with claims allowed by law.
Response: The League supports:
· Creating an exception to municipal tort indemnification law, Minn. Stat. ~466.07, where
an employee is defended and indemnified for claims under a contract of insurance
carried by the employee.
· Extending the protection of the state and municipal tort claims act to quasi-
governmental entities when performing public services such as firefighting.
· The League supports existing constitutional safeguards for protecting public and
private property interests without any statutory expansion of property rights.
· Clarifying and maintaining the applicability of municipal immunity in various areas
including, but not limited to, park and recreational immunity, including the extension
to entities providing a public service that have not traditionally been included within
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1 the immunity (e.g. state trails over municipal utility easements) and vicarious official .
2 immunity.
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4 SD-ll. Private Property Rights and Takings (RS)
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6 Issue: The Legislature has been introducing an increasing number of bills designed to
7 diminish or control local governments' abilily to exercise traditional planning and zoning
8 authority and eminent domain powers. Legislation to control cities' abilities to perform
9 regulatory acts--such as road rights-of-way condemnation, shooting range zoning, and
10 amortization--received strong support from legislators. In addition, bills have been introduced to
II codify the property rights section of Minnesota' s Constitution.
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13 The federal swamp buster/sod buster programs, the Army Corps of Engineers' dredge
14 and fill programs, and the state's Wetlands Conservation Act and Community Based Planning
15 Act appear to be the nexus for much of the property rights and takings legislation.
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17 The League supports local governments' ability to balance the rights of private
18 landowners with the interest of the public. However, the League is concerned various legislative
19 initiatives will adversely impact cities in three ways. First, such legislative initiatives undermine
20 the fundamental authority of cities to protect the public health, safety, and welfare of its citizens.
21 Second, if the Legislature acts to codify part of the Minnesota Constitution, an argument may be
22 made that the Legislature intended to create new causes of action against cities. This would .
23 encourage more lawsuits and expose cities to the expense of defending those cases. Third, by
24 changing the state's eminent domain law, including "quick take" provisions, municipal
25 condemnation will become more costly and take longer to conclude.
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27 Response: The League encourages the state and federal governments to improve
28 their regulatory programs by eliminating property rights issues that were caused by the
29 adoption of such laws as the Wetlands Conservation Act or the swamp buster/sod buster
30 programs. The League opposes legislation that diminishes the ability of cities to act in the
31 best interests of the health, safety, and welfare of its citizens, that increases the cost of
32 doing business for the public good, or that creates the possibility of additional lawsuits
33 against cities.
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35 SD-12. Election Issues (AH)
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37 Issue: At a time when state policy-makers are considering election reforms, it is
38 important to address the role of cities in administering state election law and conducting absentee
39 balloting and voting activities.
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41 Response: In view of the importance of improving the efficiency and responsiveness
42 of local election administration, the League recommends the Legislature:
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44 . Support enhancements to the state Voter and Election Management System (VEMS) to .
45 give cities direct view access to VEMS.
46 . Allow eligible voters who are not affiliated with political parties to serve as election
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Require major political parties to provide a list of eligible voters to serve as election
judges to counties by May 1 and for counties to provide lists to cities by May 15.
· Authorize cities to enact an ordinance no more than 90 days prior to the opening of
fIlings to require write-in candidates for city elective offices to file a written request
with the filing officer no later than the day before the election in the same manner as
candidates for state and federal offices are now required by M.S. 204B.09, Subd. 3, in
order for votes cast to be tabulated and reported in the official canvass.
· Allow precinct polling places to be located within 3,500 feet outside of precinct
boundaries.
SD-13. Local Election Authority (AH)
Issue: City authority to schedule city elections and establish terms of office for local
elected officials strengthens regard for the role of local self-government, particularly when voters
approve those matters in home rule charter cities. Additionally, statutory cities currently lack
authority to create or abolish wards.
Response: The Legislature should oppose further limits on either the number or the
length of tenus city elected officials may serve as provided in current state law, particularly
when those telms have been established by voters in home rule charter cities. State policy
on unifonu elections should continue to recognize and uphold local authority to schedule
city elections in November of either even- or odd-numbered years. The Legislature should
support provisions to give statutory cities general authority to create and abolish wards.
SD-14. Environmental Protection (RS)
Issue: Cities demonstrate strong stewardship for the protection and preservation of the
environment. Minnesota municipalities have historically been the leading funding source for
environmental protection and improvements. Municipal efforts include environmental protection
through wastewater treatment, wetland restorations, stormwater treatment, public utility emission
reductions, brownfield cleanup, safe drinking water programs, as well as others.
However, at some point the diminishing or nonexistent environmental benefit received
from additional efforts is fiscally irresponsible. Often, the programs are improperly designed to
meet their stated goals. Additionally, the absence of funding by the state and federal
governments has removed an essential restraining feature in program design and implementation.
Agencies are less accountable to the governments that mandate environmental programs when
they do not have to fmd the money to implement the programs.
Specific problems faced by cities include:
· New programs or standards are continually adopted without regard to the existence,
attainability or cost of existing programs and standards.
· Regulatory bodies fail to consistently use good science and the most current and accurate
data when establishing water quality standards.
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I . Regulatory bodies impose new permit requirements without going through rulemaking. .
2 Instead, the agencies rely on internal documents, program strategies, and "best professional
3 judgment of staff' when setting permit criteria.
4 . Regulatory bodies approve permits and programs that compete with traditional municipal
5 services and encourage urban sprawl. This behavior puts at risk the public investments and
6 growth management efforts cities have made when planning for future development.
7 . Permit fees and other cost transfer elements of federal and state programs do not provide an
8 incentive for environmental agency efficiency, policy prioritization or risk assessment.
9 . Third party environmental advocacy groups create significant hardships on cities by
10 threatening litigation even when hard science may not support the groups' positions.
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14 · Alternative wastewater treatment and cooperative service systems should be prohibited
15 from operating in areas that can reasonably and effectively be served by existing
16 municipal systems unless:
17 -. The municipal system is proven to be substantially less cost-effective and
18 substantially less beneficial to the environment; and
19 --The operation of these systems will not create a stranded public investment in the
20 existing system.
21 . Sufficient state and federal financial assistance should be provided to assist local
22 governments when complying with state and federal infrastructure requirements, a
23 particularly with regard to wastewater, stormwater, and drinking water facilities. ..
24 · The Minnesota Pollution Control Agency (MPCA) should streamline its permitting and
25 reissuing processes to allow for effluent standards and permit requirements to be
26 known earlier, thereby giving communities more time to defend against contested case
27 hearings.
28 . The Legislature should require the MPCA to make its determination regarding the
29 reissuance of a permit within a reasonable set time period and require the MPCA to
30 reissue the permit within a reasonable set time frame.
31 . Legislation should be passed that requires state agencies to establish permit
32 requirements only when the criteria they are using is developed- through the rule-
33 making process.
34 . The League should join with other like-minded organizations to contest through
35 judicial means various regulatory activities of state agencies and advocacy groups.
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37 SD-15. Creating a Minnesota GIS (AH)
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39 Issue: Local governments are finding geographic information systems (GIS) an essential
40 tool for comprehensive land use, real estate, environmental, and other land management
41 information. In many counties, maintenance of official land records has not been automated,
42 creating a barrier to GIS development. In addition, the start-up costs of GIS implementation can
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Response: The Legislature should encourage local government implementation of
GIS through grants and/or the dedication of a revenue source such as real estate
transaction fees. In addition, cities should be involved in the development of county land
records modernization plans.
SD-16. State Appropriation for Government Training Service (CG)
Issue: In 1977, Government Training Service (GTS) was created in order to provide a
coordinated response to the training needs of state and local governments. GTS was charged with
coordinating the needs of the state, cities, counties, townships, and school districts, with the
delivery capability of the state's institutions of higher learning and other continuing education
service providers.
State financial support of GTS is important. Many cities and other local governments find
it difficult to adequately fund city official and staff training. GTS provides a cost-effective
mechanism for taking advantage of the efficiencies of cooperation.
Response: The League supports the state general fund appropriation for
Government Training Service.
SD-17. Public Safety Spectrum Needs (AH)
Issue: Cities are concerned about the trend of increased concentration of ownership of
wireless spectrum licenses, particularly for cell phones, radio, TV, and satellite broadcasting.
Cities' concerns arise from the implications of the availability of additional spectrum necessary
for interoperability and access to the technology required to respond to disasters, terrorism, and
other emergencies.
Response: The federal govcrnment must take immediate action to provide
broadcast channels needed to allow local public safety agencies to respond to accidents,
disasters, and criminal activity that cross jurisdictional boundaries. Federal and state
officials should encourage regional public safety communications planning and address the
shortage of broadcast channels to meet future public safety needs.
Cities should receive fair and immediate compensation for transfers associated with
state or federal regulations for cities to change frequencies and/or channels in order to
operate public safety and emergency communications.
The federal government should also take immediate steps to ensure that emergency
warning systems are linked to make sure that all areas are protected in the event of
national, statewide or regional emergencies.
SD-18. Legalization of Fireworks (AF)
Issue: The 2002 Legislature passed a bill (Chapter 350) that allows for the sale and use
of non-aerial, non-explosive consumer fireworks including sparklers, party poppers, snakes, and
other novelty items, relaxing the ban on consumer fireworks in place in Minnesota since 1941.
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1 Nevertheless, fireworks products can cause serious injuries and fire loss. The legal sale of .
2 consumer fireworks undermines fire prevention efforts. The sale and use of consumer fireworks
3 increases local public safety enforcement, emergency response, and fITe-suppression costs.
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5 Response: The League opposes legislation that would further relax the ban on the
6 sale and use of consumer fireworks. The League supports a repeal of the 2002 law that
7 relaxes the ban on the sale and use of consumer fireworks.
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9 SD-19. 911 Funding (AH)
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11 Issue: Routine maintenance and improvements to 911 services increasingly force cities
12 and other local units of government to use local revenues as state funding fails to keep up with
13 the need for adequate training dollars and the system upgrades needed to comply with FCC
14 requirements for cell phone automated location identification technology.
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16 In 2002, the Legislature capped the 911 surcharge at 33 cents. While increasing the
17 amount allocated to the Dept. of Administration, 911 centers did not receive an increase 2003 or
18 2004. The currenl surcharge does not adequately meet the cost of operating the current local
19 public safety answering points (PSAPs), and does not address future funding needed to meet the
20 cost of installing new technology. In addition, the Legislature removed the authority of the
21 commissioner of the Dept. of Administration to set the amount of the surcharge, thereby creating
22 serious concerns about how to meet the requirements of advances in technology and ensure the
23 future dependability of a statewide 911 system. .
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25 Response: The League supports an increase in the 911 surcharge for upgrades and
26 modifications to local 911 systems, maintenance and operational support, and dispatcher
27 training. The Legislature should also restore the commissioner of the Dept. of
28 Administration's authority to establish the surcharge amount.
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30 SD-20. Racial Profiling (AF)
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32 Issue: The League recognizes that where racial profiling exists it must be eliminated. The
33 League supports action by the state of Minnesota to fund and implement effective and
34 meaningful responses to racial profiling that will effectuate fair treatment of all people.
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36 Response: The League supports a meaningful and effective response to the concerns
37 of residents that police traffic stops reflect an objective demonstration of probable cause to
38 believe that a law has been violated. All members of the community must have confidence
39 that each member of the community is being treated fairly and respectfully, and that the
40 race or ethnicity of the driver is not used as a factor in deciding to stop a motor vehicle.
41 The League supports training programs to support these goals and recommends that the
42 state of Minnesota develop, fund, and present such training programs to aU law
43 enforcement agencies in the state.
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45 The League opposes the mandatory collection of traffic stop data as being .
46 counterproductive and ineffective in adequately responding to those members of our
47 communities who do not feel a part of the community by virtue of their concerns about
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racial profiling. In an effort to ascertain the scope and degree of the problem, the League
would support objective, well fonnulated statistical sampling by third parties under the
auspices of a state-funded study that would develop documentation of traffic stops and an
analysis of those stops, coupled with an effective means of enforcing sanctions against
documented instances of inappropriate treatment of citizens. Additionally, the League
supports state funding for video cameras in police cars.
SD-21. 0.08 DWI (AF)
Issue: The state of Minnesota is considering a statutory amendment to reduce the blood
alcohol level from 0.10 to 0.08. Analyses anticipating the fiscal impact of the 0.08 threshold on
cities have been inconclusive. Under current driving while impaired (DWI) law, the arresting
authority is responsible for prosecution of suspected DWI offenders. A reduced threshold may
result in more DWI arrests by city law enforcement officers and, thus, increased prosecution
costs for cities.
Response: The League is committed to building quality cormnunities and to
increased public safety. By adopting and implementing the 0.08 percent BAC level
threshold, the state will secure existing federal highway funds that will assist in the
maintenance and upgrade of a safe transportation system.
Prior to adopting this initiative, the Legislature should carefully study the costs
associated with a reduced DWI threshold. The state of Minnesota should provide the
necessary funding to compensate local units of government for related cost increases.
SD-22. CriMNet (AF)
Issue: Public safety is compromised by the lack of centralized, complete, and accurate
criminal history data about individuals, incidents, and cases. And, without an integrated criminal
justice information system, Minnesota cannot always hold serious criminals accountable for their
crimes. CriMNet, Minnesota's effort to integrate the 1,100 criminal justice information systems
operated by agencies at all levels, will improve access to relevant criminal history data for public
safety and criminal justice authorities.
More than 500 cities operate police departments. These departments vary dramatically in
fiscal capacity, staffing resources, and technical expertise. Further, each municipal law
enforcement agency has unique operating procedures, strengths, and needs based on the
community it serves. The League knows CriMNet will have a significant impact on municipal
police business practices and could mean increased staffing needs, training, and equipment
purchases. The League also recognizes that every agency must participate fully in CriMNet to
make the system effective.
Response: The League supports efforts by the state of Minnesota to integrate
criminal justice infonnation systems. The League also supports cooperation between
legislators, law enforcement and corrections agents, court officials, prosecutors, cormnunity
groups, and businesses that build public support for CriMNet.
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I If CriMNet is to be implemented statewide, the Legislature must consider the
2 different capacities of municipalities to participate. The League requests that the
3 Legislature fund CriMNet planning and implementation at the local level.
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5 SD-23. Red Light Cameras (AF)
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7 Issue: Drivers who run red lights can cause serious traffic accidents and contribute to
8 gridlock. In spite of the severity of this problem, cities cannot afford continuous monitoring of
9 intersections by peace officers. The technology exists to enforce traffic signal laws with
10 photographic evidence. When installed at traffic signals, motion imaging recording systems
II (MIRS) have been shown to reduce red light running.
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13 Response: Local law enforcement agencies should have the authority to use the
14 MIRS technology to allow a vehicle, not its occupants, to be identified when the vehicle has
15 violated a traffic siguallaw. Local law enforcement officers should have the authority to
16 issue citations for violations of traffic siguals by mail, where the violation is detected with
17 photographic evidence.
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19 SD-24. Misdemeanor Fines (RS)
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21 Issue: There is an inconsistency in the amount a city can charge for misdemeanor
22 violations under Minn. Stat. ~~ 412.231 and 609.02, subd 3. Minn. Stat. ~ 609.02, subd. 3,
23 establishes maximum fines at $1,000. Minn. Stat. ~ 412.231 establishes maximum fines at $700.
24 Although the Legislature has established that the provision in Minn. Stat. ~ 602 supercedes the
25 fine in ~ 412, the inconsistency has resulted in confusion in applying the laws.
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27 Response: The Legislature should amend Minn. Stat. ~ 412 to mirror the amount of
28 the fine established in Minn. Stat. ~ 602.
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30 SD-25. State Regulation of Massage Therapists (ABH)
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32 Issue: The state does not currently regulate massage therapy, an emerging and rapidly
33 growing profession. In order to control prostitution and to provide for health and sanitation
34 standards, several cities have entered the traditional state domain of health-care licensure by
35 enacting ordinances that require all massage therapists to obtain a local professional license.
36 These ordinances allow local law enforcement officers to differentiate between legitimate
37 massage therapists, who have a city license, and prostitution businesses fronting as massage
38 therapy establishments.
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40 The lack of statewide regulation of massage therapists has hampered law enforcement
41 techniques, and has caused problems for cities attempting to regulate an entire health-care
42 profession without any statewide standards. Currently, 25 states regulate massage therapists on a
43 statewide level. Statewide regulation of massage therapists would provide a clear set of
44 educational standards that massage therapists must meet, and would provide local law
45 enforcement agencies with an easy tool to distinguish between prostitution and legitimate
46 massage therapy. Statewide regulation would not disturb traditional powers over land use and
47 business licensure.
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Response: The League supports the statewide regulation of massage therapists in
order to aid local law enforcement efforts to control prostitution and other criminal
activity.
SD-26. On-Sale Liquor or Wine Licenses to Performing Theaters and
Cultural Centers (ABH)
Issue: Performing theaters and cultural centers are not one of the qualifying entities to
which municipalities may issue on-sale liquor or wine licenses. Several theaters have received
special legislation that allows their municipalities to issue on-sale liquor or wine licenses to
them. This practice interferes with the ability of municipalities to control the placement and
operating manner of these entities.
Response: The Legislature should authorize municipalities to issue on-sale liquor or
wine licenses to performing theaters and cultural centers subject to restrictions imposed by
the municipality.
SD-27. Youth Access to Alcohol & Tobacco (ABH)
Issue: The minimum age to purchase alcohol in Minnesota is 21. The minimum age to
purchase tobacco in Minnesota is 18. The minimum age to sell alcohol and tobacco products in
Minnesota is 18. Cities have an interest in preventing their youth from obtaining these products.
To this end, many cities operate compliance check programs in an effort to discern the current
level of youth access and to reduce youth access.
Response: The League opposes any proposal that could result in increased risks of
youth access to alcohol and tobacco products and expanded off-sale venues for the sale of
such products. The League supports the sale of alcohol and tobacco products only in
controlled environments. The League supports statutory changes that assist in reducing
youth access to alcohol and tobacco products. The League supports mandatory alcohol
compliance checks with state funding initiatives to support locally-determined compliance
efforts.
SD-28. Smoking Ban Ordinances (ABH)
Issue: Cities are being confronted with the issue of local smoking ban ordinances. Three
Minnesota cities and one county have adopted ordinances that ban smoking in restaurants and/or
bars. Other cities have failed to adopt ordinances. A number of cities have passed resolutions
deferring action on the smoking ban issue until the state Legislature addresses the issue.
However, there is no clear consensus among Minnesota cities supporting a statewide ban.
Response: If the Legislature addresses the smoking ban issue with a uniform
statewide law, it should preserve the ability of local units of government to enact more
restrictive ordinances at the local level.
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1 SD-29. Park and Library Land Tax Break (JO)
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3 Issue: As the price for land increases, it is becoming more difficult for cities and other
4 local units of government to compete with developers to save and secure land and easements that
5 are deemed appropriate for park, library, trail, and green spaces.
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7 Response: The state should amend the tax laws to provide tax incentives for
8 property owners who seUland and easements to local units of government when the land is
9 to be used for park, library, trail or green space purposes.
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11 SD-30. Medicare Reimbursement for Ambulance Service (AF)
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13 Issue: The Federal Balanced Budget Act (BBA) of 1997 made two significant changes
14 to ambulance billing. First, the act mandated that all ambulance services accept Medicare
15 assignments as payment in full; that is, ambulance services can no longer bill the Medicare
16 patient for any unpaid balance beyond the Medicare payment. Second, the act mandated a new
17 uniform fee schedule that was implemented in April 2002. The new fee schedule significantly
18 reduced reimbursement levels for many small and rural ambulance services. The BBA mandates
19 will have profound impacts on the ability of some Minnesota ambulance service providers to
20 fund their operations.
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22 Response: The League supports federal legislation that would:
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24 · Require Medicare to set ambulance payment rates at the "national average cost" of
25 providing service.
26 · Require adequate reimbursement for ambulance providers, especially rural providers,
27 that not only serve a higher percentage of Medicare patients but also incur higher per-
28 trip costs due to fewer transports and longer travel distances.
29 · Establish a "prudent layperson" standard for the payment of emergency ambulance
30 claims, such that if a reasonable person believed an emergency medical problem existed
31 when the ambulance was requested, then Medicare would pay the claim.
32 · Make it easier for providers to file claims with Medicare by eliminating a processing
33 system that often leads to legitimate reimbursement claims being rejected.
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35 SD-31. Open Meeting Law Exception: Emergency Preparedness (RS)
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37 Issue: The purpose of the Minnesota open meeting law is to provide transparency to the
38 operation and decision-making of government. While the law is of great value in providing open
39 government to the public, it has limited the ability for decision-makers to meet jointly to discuss
40 and advise staff on highly sensitive public safety vulnerabilities.
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42 Response: The Legislature must make a limited exception to the open meeting law,
43 Minnesota Statute, Section 13D.05, to allow elected officials to convene a closed meeting
44 when emergency preparedness for public services, infrastructure, and facilities are
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. HUMAN RESOURCES & DATA PRACTICES
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3 Human Resources
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5 Issue: Many state laws increase the cost of providing city services to residents by
6 requiring city governments to provide certain levels of compensation or benefits to public
7 employees, by specifying certain working conditions, or by limiting city governments' ability to
8 effectively manage their personnel resources. For instance, existing state laws limit
9 governments' ability to effectively address incompetence or misconduct of city employees
10 specifying certain procedures to be followed or standards of conduct. Several laws are potentially
11 contradictory and force local governments to choose which one to follow.
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13 Response: The state must refrain from passing laws that regulate the public sector
14 workplace, and must repeal or modify problematic existing laws and regulations to
15 encourage full local accountability.
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17 The League proposes the following initiatives and reforms:
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19 HR-}. Preservation of Local Decision-making Authority on Employment
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The League supports local decision-making authority and opposes legislation intended to
interfere in local decisions.
HR-2. Veterans' Preference
· Minnesota's veterans' preference protections were created at the turn of the 19th Century.
These protections were designed to assist veteran employees at a time when Minnesota's and
the federal government's labor and personnel laws were in their infancy. The Legislature
must conduct a study of Minnesota's veterans' preference law to determine its effectiveness
and efficiency in light of today's employment laws, statutes, and regulations. It is likely that
the Legislature will find parts of the law need modernization.
HR-3. Compensation Limits
· The Legislature must acknowledge that all state and local governments, not just school
districts, must be competitive in recruiting and retaining upper level management employees.
In addition, there is no correlation between the compensation of citizen volunteers and career
public sector professionals. Additionally, a state-imposed salary cap on local government
employees undermines marketability of a community during competitive national recruiting
efforts and undermines local authority. Therefore, the state must repeal or modify laws
limiting the compensation of a person employed by a statutory or home rule charter city to
the governor's salary. Local elected officials should determine compensation for their
appoinled officials.
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1 HR-4. Public Employees Labor Relations Act (PELRA) .
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3 · The state must modify the defmition of public employee under PELRA by removing the
4 existing 14-hour/67-day requirement and replace it with a definition in which employees
5 must work more than an annual average of
6 20 hours per week.
7 · Temporary or seasonal employees must be excluded from the PELRA definition of public
8 employee in Minn. Stat. ~ 179A.
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10 HR-5. Re-employment Benefits
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12 · Public sector temporary or seasonal employees must not be eligible for re-employment
13 benefits.
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15 HR-6. Essential Employees
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17 · Cities must balance the health, welfare, and safety of the public with the costs to taxpayers.
18 Therefore, the Legislature must carefully examine requests from interest groups seeking
19 essential employee status under Minn. Stat. ~ 179A (PELRA). The League opposes
20 legislation that mandates arbitration that increases costs and removes local decision-making
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23 HR-? Pension Benefits
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25 · The League opposes special legislation for individual employee pension benefit increases,
26 unless they are initiated and approved by the city council of the impacted city.
27 · The League opposes the expansion of the Public Employees Retirement Association (PERA)
28 corrections plan to include dispatchers.
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30 · HR-8. Public Employees Retirement Association (PERA) Coordinated Plan
31 Funding Deficiency
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33 · PERA identified a significant long-term funding deficiency in its coordinated plan in 2000
34 that was the result of changing demographic patterns. The 2001 Legislature adopted
35 employer and employee contribution rate increases and plan modifications to address the
36 deficiency. Recent analysis has indicated that some of the costly demographic trends that led
37 to the deficiency may be slowing or reversing.
38 · The state must carefully analyze future actuarial reports and experience studies to determine
39 if the 2001 contribution rate increases and plan modifications are sufficient to cover the
40 plan's deficiency. The state must assist local governments in covering any deficiency that
41 still may exist. The PERA eligibility guidelines must be modified to take into account unique .
42 part-time and student employment situations in cities, particularly in recreational operations.
43 The plan should be modified to use pro-rated service credit, which would make PERA
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consistent with the other major Minnesota pension plans. The state must also allow for city
managers to opt-in to PERA provided there is no employer buy-back obligation.
HR-9. State Paid Police and Fire Medical Insurance
· The slate must fully fund programs that pay for health insurance for police and fire
employees required under Minn. Stat. S 299A465, as amended in 1997, for police and fire
employees hurt or killed in the line of duty.
· The Legislature must clarify whether Minn. Stat. S 299A.465 applies to injuries incurred
prior to June 1, 1997 (the effective date of the law).
· The Legislature must clarify the amount of an employer's contribution under Minn. Stat. S
299A465 and whether it changes over time.
· The Legislature must identify a single public entity as the authority for making the disability
determination for purposes of the benefits assigned under Minn. Stat. S 299A465, establish
the minimum criteria used to determine ability to work, and set a percentage threshold of
disability for eligibility into this program.
HR-IO. Breathalyzers
· Minn. Slat. S 181.950-.957 should be amended to permit the use ofbreathalyzers as an
acceptable technology for determining alcohol use. Currently, breathalyzer use is permitted
under federal commercial drivers' laws.
HR-ll. Drug and Alcohol Rehabilitation
· Under Minn. Stat. S 181.953, subd. 1O(b), an employer cannot terminate an employee for a
positive controlled substance test without first providing the employee a chance for
rehabilitation and treatment. Recently, some cities have been advised that this law applies to
"probationary" employees as well as permanent employees. Therefore, the League supports a
legislative change to clarify that the state law on drug and alcohol rehabilitation and
treatment does not apply to probationary employees.
HR-12. Health Care Insurance Programs
· The League supports voluntary participation in programs designed to provide for post-
retirement health insurance benefits or in health insurance plans structured to pool all public
employees.
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~ HR-13. Electronic Timekeeping .
3 · The League supports amending Minn. Stat. ~ 412.271 to reflect modern technologies and
4 timekeeping practices. Changes must include an option for cities to employ paperless time
5 recording systems.
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7 Data Practices
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9 DP.I. State Model Policies and Training
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11 · The Dept. of Adminislration is required to provide model policies and training assistance to
12 cities in complying with the Government Data Practices Act (GDPA). The Legislature must
13 fully fund the costs of ongoing GPDA compliance training and education and directly
14 involve local officials in the development and implementation of training activities.
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16 The League supports the following polices regarding federal employment law:
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18 FED-I. FLSAlOvertime Compensation
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20 · The Fair Labor Standards Act (FLSA) was designed for private employers. The definitions
21 of "exempt" and "non-exempt" are difficult to administer in the public sector and do not .
22 reflect public sector operations. The regulations must be clarified to better allow public sector
23 employers 10 appropriately classify employees as "exempt" vs. "non-exempt."
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25 FED-2. MedicarelMedicaid Premium Disbursements
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27 · Minnesota continues to be a net loser in federal Medicare and Medicaid premium
28 disbursements. Congress must recognize this disparity and provide Minnesota with a more
29 balanced and representative share of the costs of providing health care under Medicaid and
30 Medicare.
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32 Electric Restructuring
33 Cities have a strong interest in the public policy debate about electric restructuring or
34 deregulation. Minnesota already enjoys some of the lowest average electric rates in the nation.
35 The case has yet to be made that deregulation will result in either lower rates or improved service
36 for consumers.
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38 Issue: For many decades, electric service to Minnesota citizens has been delivered
39 through a combination of investor-owned utilities (IOUs), municipal utilities, and rural electric
40 cooperatives. This system has served Minnesota well, delivering reliable, universal service at
41 rates among the lowest in the country. .
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In recent years, many have begun to promote "deregulation" or "restructuring" of the
industry, meaning that electric service would no longer be a franchised monopoly. A number of
states, primarily those with high electric rates, have taken steps to move toward such
restructuring. In most of these cases, transmission and distribution remain regulated with retail
competition allowed for generation source.
Advocates of restructuring argue that such competition will lead to lower rates. However,
estimates by the federal Energy Information Agency are that while the upper Midwest, including
Minnesota, will experience slightly lower rates in the short-term, longer-term rates may actually
be higher under restructuring. Concerns have also been expressed as to whether residential
customers, and those in rural and other harder-to-serve areas will actually experience decreased
reliability and increased rates.
Local elected officials have the primary responsibility to citizens to make certain
restructuring that allows retail competition is as beneficial to the citizens as it is to the industry.
Beneficial to the citizen means that all Minnesotans experience the same reliable, high-quality,
universal, and low-cost service they experience under the current system of electric power
delivery.
City residenls have a strong interest in the outcome of this important public policy
debate. Cities are substantial consumers of electric power. Many cities have a significant portion
of their property tax base in electric industry property, while others collect franchise fees and/or
sales taxes on electric purchases within their boundaries. Citizens in 126 Minnesota communities
currently receive economical electric service from municipal utilities, which make payments-in-
lieu of taxes to help support city services. Significant increases in the cost of electric power for
city operations or losses of these traditional sources of revenue will result in property tax
increases.
Response: The federal government should not mandate restructuring; the decision
should be left to the states.
The Legislature should continue to follow a slow, deliberative approach, taking time
to consider how alternative models for delivering electric power will affect the state's
traditional benefits of reliable, universal, high-quality and low-cost service. The public
policy discussion should be focused on actual benefits to citizens, rather than on ideological
arguments, stakeholder interests, and over-reliance on simplistic objectives like "consumer
choice." Those advocating a change should bear the burden of proof to demonstrate that
restructuring and deregulation will, at a minimum, maintain Minnesota's high-quality,
low-cost, and reliable service. Only when that burden of proof has been met should
restructuring occur.
The following public policy goals should be incorporated into any legislation
restructuring the electric industry:
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1 Adequate Supply and Demand
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3 The state's current generation and transmission capacity is inadequate to meet
4 projected future needs. No new significant capacity has been built since the 19808 (Sherco
5 3). In the past, regnlatory and other governmental policies served as a disincentive to meet
6 customer demand. The Minnesota Energy Security and Reliability Act enacted by the 2001
7 Legislature took significant steps to reduce these disincentives. The experience of other
8 states would strongly suggest that deregulation prior to the development and maintenance
9 of adequate reserve capacity can lead to price spikes and compromise service reliability.
10 The state should continue to review and amend these policies as necessary to encourage
11 further development and maintenance of adequate capaCity and reliability.
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13 Consumer Protection
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15 Consumer interests must continue to be protected, especially for the most
16 vulnerable populations. Reliable service must be universally available and programs such
17 as cold-weather shut-off rules should be continued either as requirements for all market
18 participants or as separate state programs.
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20 Environmental Concerns
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22 The environment must be adequately protected, with conservation and renewable
23 energy efforts maintained. The federal government must review the appropriateness of
24 current environmental regulations and their effect in a deregulated market; for example,
25 exemptions from the Clean Air Act for some generation facilities.
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27 Fair Market Competition
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29 To ensure fair market competition, the federal and state governments must have the
30 authority to review mergers to prevent abuse of market power.
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32 Cities must remain viable competitors in the electric market. Municipal utilities
33 must be granted exemptions from rules like the open meeting law and data practices
34 requirements where they hamper the ability to effectively compete with private companies.
35 To ensure adequate service to every citizen, cities, and other local governments must
36 maintain their ability to issue tax-exempt bonds for construction of electric infrastructure,
37 and be given explicit authority to aggregate or municipalize provision of electricity.
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39 Local Authority
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41 Cities must maintain their traditional authority over land use, zoning, rights-of-way
42 management, and cost recovery, as well as the ability to franchise providers and to receive
43 payments-in-lieu of taxes from municipal utilities. Cities' authority to negotiate siting fees
44 and agreements for proposed generating facilities should be enhanced.
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46 To avoid unnecessary demand for the limited space in public rights-of-way, open
47 access to transmission and distribution facilities should be maintained through regulation.
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As the electric market is opened to interstate competition, the federal government
must preserve the application of Minnesota's state and local sales taxes to the sale of
electricity, regardless of the place of origin.
Stranded Cost Recovery
Issue: Regulated utilities have traditionally made operating decisions based on needs of
consumers within their service territories. Many decisions, therefore, have been based more on
need than on economics. In the transition from a regulated to a restructured competitive
environment, electric generators' investments in fixed assets and other obligations mayor may
not remain as economically viable. Estimates of these "stnmded costs" vary greatly, with some
indicating no stranded costs or possibly even negative stranded costs resulting from increased
prices after deregulation in Minnesota.
Response: If regulatory actions have contributed to investment by existing regulated
utilities that are not economically viable in a competitive market, and if restructuring
occurs, the League supports transition mechanisms that will allow utilities to collect
revenues for those particular stranded costs. However, these charges must be carefully
monitored to ensure that only eligible and verifiable costs are covered and that over-
collections do not occur. Taxpayers and ratepayers should not be expected to cover the cost
of investments that were made for business reasons, apart from the requirement to serve
under the regulated system.
If negative stranded costs for the regulated utility as a whole can be established, and
are solely the result of transition to a restructured environment, these regulated utilities
should be required to contribute some limited percentage of established amounts to offset
tax breaks given to these utilities as a result of restructuring.
Property Tax
Issue: Part of the discussion regarding possible deregulation of the electric power
industry has centered on electric utility taxation. Proponents of restructuring assert that if
effective free market competition is to replace governmental regulation, state tax policy must be
changed. The main focus of the investor owned utilities (IOUs) so far has been removal of the
attached machinery or personal property tax. Utilities subject to the tax argue it places them at a
competitive disadvantage to non-Minnesota companies, rural electric cooperatives (co-ops), and
municipals. However, accurate comparisons of tax burden are difficult, as other states use
completely different taxing systems. Municipals make substantial payments-in-lieu of taxes.
Additionally, co-ops and municipals do pay direct taxes on some of their property and indirectly
when they purchase wholesale power from sources that are taxed, such as IOUs.
Utility personal property can be a significant portion of the local tax base in all cities.
Most obviously affected are cities that have power plants; however, transmission and distribution
equipment account for over half of the personal property taxes paid by the IOUs and exist in
nearly every city. Replacing the revenue that would be lost to cities, counties, school districts,
and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and
funding sources of such a replacement revenue would be difficult to develop and administer and
41
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2 .. aids may riot fully address the problems created by a large tax base reduction.
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4 Response: Cities oppose proposals for exempting the IODs from the personal
5 property tax, apart from the decision to restructure the electric industry in Minnesota.
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7 If and when restructuring occurs, a truly independent review of the overall tax
. g '.burden should he conducted to determine whether Minnesota utilities are at a competitive
9 disadvantage. If an overall tax disadvantage is identified, the state should correct it. Under
. 10 no circumstances should local units of government or their citizens he required to shoulder
11 the burden of tax relief for IOUs.
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