04/14/1975 - 5454PATRICIA RANSTROM
SECRETARY TO THE CITY COUNCIL
PUBLIC HEARING MEETING
APRIL L4, 1975
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THE MINUTES OF TNE PUBLIC HEARING MEETII4G OF THE FRIDLEY CITY COUNCIL OF APRIL 74, 1975
The Public Hearing Meeting of the Fridley City Council of April 14, 1975, was called to
order at 7:31 P.M. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
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Mayor Nee weicomed those present at the meeting and requested that the audience jo�n the
council in saying the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Gouncilman Starwalt, Councilman Fitzpatrick, Mayor Nee,
Councilwoman Kukowski, and Councilman Brieder.
MEMBERS ABSENT: None.
PROCLA(�lATION:
ARBOR DAY 1975 PROCLAMATION:
MOTION by Coucnilwon�an Kukowski to adopt the.Arbor Day 1975 Proclama�ion as listed in the
agenda. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Pdee
declared.the motion carried unanimous]y. .
HONEY WEEK 1975 PROCLAMATION:
MOTIO(� by Councilwoman Kukowski to adopt the Honey Week 1975 Proclamation as it appeared
in the Council agenda. Seconded by Counciiman Starwalt. Upon a voice vote, all voting
aye, P+tayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee said he would l�ke the Council to take care of the election of a Mayor Pro
� Tem. He said this is providecl for in the Charter and had not� been handied by the Councii
' this year. He said there was a possibility that he would not be in attendance at the
fourth conference meeting of the Council and �aould 7ike this taken care of at the present
meeting.
Councilman 8reider said he� would like to add the receiving of a letter from the National
Association of Counties.
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The City Manager said h�wou7d like some Council direction on the matter of the City vacated
property south of George Is In Fridley. He indicated the owner has some use for it and
there is a zoning quesi.ion. .
MOTION by Cou�cilman Fitzpatrick to adapt the agenda with the aforementioned additions.
Seconded by Coun�cilwoman Kukov�ski. Upon a voice vote, all voting aye, ;•layor Nee
declared the motion carrietl unanimously. �
PUBLIC HEARIN6S:
Mayor Nee said there were no public hearings scheduled for the current meeting.
RESOLUTION�NO 55 1975 - REGARDING THE ISSt1ANCE OF INtQXICATING LIQUOR LICENSE - MAPLE
LANES:
The City Manager explained that the resolution presented•to the Council was the same
resolution that had been adopted for the other applicants. He said the resolution
indicates the City's intention to issue a liquor license to Maple Lanes avith the
understanding that the area be upgraded and that the applicant meet the requirer�ents
of the updated revised Ordinance and Codes. 7he City Manager asked if tF�e reservation
for the period of six months would be enough time for the completion of the construction.
7he City Manager recalled that the appTicant's goal for completion was sooner than
this Period of. tin�e. He asked if the members of the Council had any questions.
Councilman Starwalt asked if there was some question concerning the square footage
requirements. The City Ptanager said thiswould be taken care of and Mapie Lanes will
have to meet all of the standards of the Code, or the license would not be issued.
Councilman Starwalt said he wished this could be agreed to before the adoption of the
resolution. Councilman Ereider said if th� Council does not like the plan, they would
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PUBLIC HEARING MEETING OF APRIL 14, 1975
not issue the license.
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Mayor Nee said the Council did see a draft of the plans the previous week and there
were some changes discussed and agreed to by the applicant.
Tne City Manager said the Council is not issuing the license, they are just reserving
it upon the applicant's completion of the necessary requirements.
Councilman Starwalt questioned the Finance Director on the criteria on what would
be considered food and what would be considered liquor under the 40/60 split require-
ments. He said what is liquor, what is mix, has this been set out in sufficient detail?
Ne said if 3.2 beer is not considered intoxicating liquor, wou'cl this be considered
food?
The Finance Director said the City could send out a letter with this type of matter
explained in detail. He said he had not felt that mix ��rould be considered food, nor
did he believe that 3.2 beer is not an intoxicating lic,uor. He again mentioned that the
criteria could be clarified in a mailing. He said he did not really believe that any
part of the drink would be considered food.
Councilman Starwalt said he agreed with the concepts of the finance Director, but he
had been trying to find out the problems that the other areas have been having and the
City of Fridley should know what these concerns are. He said this should be clear
to the City and the accountant reviewiny ihe establishments bocks.
The Finance Director said he did not think that �these costs could be separated wrile
ringing them up.
Councilman Starwalt said he had heard tales that this is one of the problems that the
State is having. He said this should be defined and the people should live within the
requirements. Councilman STarvlalt correnenied he did not think there would be any problems
with the current businesses in the City, but what about the future?
The Finance Director said this should be follo�ved up with a letter.of clarification.
Mayor Nee said he felt this to be an Administrative problem. Hesaid he did not believe
there should be any action on the Council level on this concern.`
Council�an �±arwalt said he thought that this should be looked into. He said he would
like the City to be on solid form ground and this would have to apply to any people coming
in in the future.
The City Manager said the Adminisiration had not had any doubt on this matter. Ne said
there may be some cases where there is something mixed with the lieuor, but he questioned
if the operator would be able to specify so much receipts from tne olive in a drink.
Councilman Fitzpatrick indicated that if a drink is purchased with water as the mix,
the cost would be the same for the purchaser as if the drink was prepared with coke
as a mix.
Mayor Nee said the question would not be the cost of the operator to purchase the mix,
etc. The City would be dealing with the receipts from the lic,uor sales. .
' Councilman Starwalt asked how the food wou1d be considered if the estab1ishment offered
a smorgasboard with the drinks and this food was free to the drink purchasers. Mayor
Nee said this would not be the City's concern. They would be only concerned with the
• receipts from the liquor and if the establishment wanted to �,ive food away free, this
' would be fine. Mayor Nee said the City would be concerned with the revenues taken in by
he sale of liquor ��ersus faod, not the cost of the food provided by the restaurant.
Councilman Fitzpatrick said he thought this should be clarified by the Administration.
. He mentioned the businesses in the City could be informed by letter.
Councilman Starwalt said this is one of the questions that had been brought to him by _
' the people of the City of Fridley.
, The City Manager said anytk�ing dispensed with the liquor should be considered liquor
° receipts.
Cour;�ilman Breider said he did not think it would be feasible for an esatablishment
� to ring up everything separate on the till. He thoughi they would be more interested
in making sales than spending the time at the register dividing the items sold. He
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• said in comparing the purchases to the sales, they were talking about the opera�tors
. keeping two sets of books. .
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PUBLIC HEARING MEETING OF APRIL 14, 1975
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Mayor Nee stated that the City would not be able to issue a license for a bar, onTy a
restaurant, according to the State Statutes. He said if the operator does not sell
the proper amount of food, his license would be in jeopardy. • .
MOTION by Councilman Starwalt to adopt Resolution No. 55-]975, regarding the issuance
of an intoxicating license to Maple Lanes. Seconded by Councilwoman Kukowski. Upon
a voice vote all voting aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee asked the�Finance Director to prepare a draft relating to the concerns voiced
by Councilman Starwalt. The Finance Director said he would do this.
CONSIDERA7ION OF LE6ISLATION ON MANDATORY COMPREHEtdSIVE PLANNING UNDER THE ME7R0 COUNCIL:
The City Manager explained that he did not think a formal bill had been introduced. He osed
pointed out that the group of City Managers within the Metro Municipalities strongly opp
such action. Bloomington had first opposed the action and then took action to support
the legislation with certain modifications in the proposal. He said their support would
go in line withihose matters of Metropolitan significance such as planning of sewer and
transportation, etc. The City Manager explained at the present time, the proposai vaas
still within the Subco�rmittee.
Mayor Nee said he felt that the proposal would be vc,:ed out of the subcommittee by the
following day. . .
The City Manager said the pr-oposal would give the Metro Council some additionai authority
they do not have at the present time. �
The City Manager continued to comnent that some say that the Metro Council should have
some additional say in ihe activities of the area. He said it would be possible for
the Council to approve the proposal with some modification in that the Metro Council
have this authority as it relates to the broad powers within the Metro Area. He
a�so indicated that there is .a propos�l that the members of the Metro Council be e?ected.
The City Manager felt if they ar2 elected, they would have more power. The City Planager
commented that he felt the Metro Council members are too far from their base.
The City Manager said another alternative of the Council may be to do nothing on the
proposal.
The City t�1anager explained with the amount of material sent out by the Metro Council,
the City had not received any information on this proposal.
Councilman Fitzpatrick said he thought a communication had referred to the proposal by
a house file number. The City Manager said the proposal had been made by the Sub-
comnittee and not given a number at the present time.
Mayor Nee said the proposal realty slipped through. tdith a17 the information sent by
the Metro Council; on this, nothing was sent out. ��7ayor Nee said he felt that Mr.
Vern Peterson of the Associatior. of the Metropolitan Municipalities really misses the
point. Ne continued to say that Mr. Peterson said the proposal only rela;.es to pnysical
systems such as sewer and this would enable the Metro Council to match adjoining systems.
He pointed out that this proposai would bring about confiict. Mayor Plee said if there
is a conflict in plans, it would be the power of the�Metro Council to tell the various
municipalities io change their plans. He said this would notonly relate to the municipal
governments, but also to the various school districts. Mayor Nee said if this type of
proposal had been adopted several years ago, the City of Fridley would not have been
as prosperous as it is today. Mayor Nee said the downtown people had the City of Fridley
routed for something the City did not become. Mayor Nee said he had real reservations
on the proposal.
Mayor Nee continued to corrment that the mandatory planning would require ail of the plannng
to be done within a year or year and a half. Mayor Nee said he did not think there were
this many planners in the City. He said there may be 40 planners with 180 plans to be
done. He said this would be a fiasco. He mentioned that in this area, there would
be no adverse effects on the City of Fridley because their comprehensive plan had been
completed, but it would have an effect on the outlying suburbs and communities. Mayor
Nee also felt that the sending of all plans to the Metro Cou��il would be cumberso�e.
He said he was opposed to the Metro Council making de�isions on the land use in the
Metro area. Mayor Nee said he thought that the City should send representat�ves to indicate
that the City would not favor giving the.Metro Councii sitch broad powers.
Councilman Breider said the part that bothered him would be that under the proposal, all
of the comnunities would have to submit their plans for development to all the
other local governments in their area. He listed the areas surrounding the City of Fridley
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PUBLIC FIEARING MEETING OF APRIL 14, 1975 PAGE 4 �
and indicated that this would also include the various school districts. He said this seemed
like a tedious task.
Councilman Fitzpatrick said he did .not feel that the Metro Council was encouraging the
proposal, he felt the legislature was trying to do this for them.
Mayor Nee said he thought this legislation was being supported by the Metro Council. t�layor
Nee said he was not sure that the Metro Council itself had taken a position on the proposal,
he knew that the staff had.
Councilman Brieder recalled a conment he had heard on the radio and said if the Metro
Area becomes too restrictive, people and devel_opers are going to move out of the area.
Councilman 6reider said if he were a.developer and was told that he could not develop
because there was no sewer line, he wauld go to an area where he could develop without
one. �
Councilman Starwalt said it seemed that there was a speedy push on the proposal and he
disliked this type of action. Councilman Starwalt said there had not been any citizen
input. He suggested that perhaps the Council should wait on taking any stand on the
proposal.
Mayor Nee sa�d he thought':the consideration should be held over for one year in order to
enable a price tag to be placed on the action. He said it must be determined what would
be sQent per plan. He said fio: oppose the entire proposal would tend to put the City
against planning, and the City did no oppose planning.
Councilman Starwalt said the City's years of experience in planning would give them
more answers than some corranunities. He said he did feel that this was not the best
situation within the seven county area, but he would not want to stand in the way of
planning.
Councilman Breider said the planner would have to submit plans and set the figures and
he believed that the Metro Council would receive 15 tons of paper with the proposal
and he could see no way that they could keep up with this.
Mayor Nee said he felt the Metro Council could trust the City to figure out the
necessary plans for the area. Ne questioned what would happen if the Metro Council
would indicate that the City has too much industiral land? He asked if they would direct
the City to change the zoning to create rflore low cost residential. Mayor Nee said he
believed that this type ofi action would go beyond the intention and requirement of
their systems. Hesaid they should not be given the power to do this, even if it is
indicated that they would r.ot.
Councilman Breider said he had.heard some of the Metro Counci1 people talk and he
would not put anything past them.
Councilman Stanr�alt said the City Council of Fridley could let this consideration go by
them at this time, or ask that action cn the proposal not be taken for tfie period of
one year. �
Mayor Nee responded stating that the matter may be voted out of the subcommittee at any
time. He said the action by the City of Fridley may have some bearing on how the
representatives vote. .
Councilwoman Kukowski asked if the indication of the City's should be submitted by means
of a letter of intent or a resolution. Councilman Starwalt said he felt the letter of
intent would ge good. He asked if the City P4anager would draft such a letter. •
Councilman Breider said he thought the City should take a stronger stand. He said
those cormiunities at the starting point would be bearing financial hardships. Mayor
Nee said the Metro Council is offering to pay for this. Councilman Breider said this
• would be a burden on the State taxpayers. .
Councilman E3rieder noted that it would be tedious to have to submit plans for all
development to all of the area comr�unities, Metro Council and School Districts. '
Mayor Nee said the area comnunities do cooperate when this is suitable and the school
districts aiso cooperate with the Gity.
The City Manager agreed that there is cooperation between the area governmental units
and school districts. He mentioned with the comprehensive plan, this would be necessary
.without passing a law an it.
�� Mayor Nee said the cost for such implementation could be very high. Councilman Starwalt.
asked if the stronger stand could be noted in opposition to the.unknown costs?
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• PUBLIC HEARING MEETING OF APRIL 14, 1975
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Councilman Breider agreed with this statement. Councilman Breider said the proposal is
talking about two levels of planning, one the Metro type control or decisions on _ ,
coordination of the corrmunity projects on a higher scale and the other, decisi0ns concerning
individual parcels and their planning. Councilman Breider said he thought their input
should be limited to the large scale major situations with Metropolitan and major
• significance. Ne thought they should be concerned with matters such as the amount of
discharge in the sewer rather than the type of housing or industrial land within the
City. �
Mayor Nee said he thought this would allow the Council to act in an arbitrary way.
• Mayor Nee continued to point out that if the arbitrary criteria is adopted, this would
affect all comrnunities, and in this respect the City of Fridley will be fine because
their comprehensive plan has been submitted. He thought this would relate to cities
such as Burnsville and Lino Lakes. Mayor Nee thouqht these powers should be limited
to the coliection of se�vage rather than questioning the ratio of residential land to
industria} land within the City.
Councilman Breider agreed with the concept and asked how many time a toilet would
be flushed in a.�carehouse. He thought this wouid not be very many times. Councilman
Breider said the use of the land as industrial in this type of construction would not
increase the sewer flow. Councilman Sreider quest.�ned if their criteria is always
right, and asked why there should be a chang2 when it had not been determined who is
right. '
The Ctty Manager said the proposed legisiation would take away the powers that the
City does have. He further suggested that perhaps the Council would like to only
oppose ihe proposal insome areas and restrict their power in certain areas:
� Councilman fitzpatrick said he did not think that Bloomington really took a stand
of support in their action as reported in the Minneapolis Star. He explained that
they suggested modification of the powers in many area Mayor Nee sa�d he felt
he could go along with the Bloomington proposal very easily.
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The City Manager indicated the Council would have the alternatives of opposing the
proposal or indicating it would favor modification. He said if the powers are
defined and only relate to those matters ��ith Metropolitan significance this wou7d not
broaden their powers.
Councilman Fitzpatrick said he would not ]ike to do anything that curtail �h� �tetro
Council's work in problems with urban sprall. Mayor Nee said he agreed with this point,
but felt the current proposal was asking for ��ne arbitrary powers for the Metro Council.
Councilrnan Fitzpatrick saidmaybe, the Administration could bring in some resolution for
Council consideration. The City Manager questioned if this resolution should relate
to the point that was made concerning the additional time for study of the proposal.
I;e said the City could request that this be delayed for action for the period of one
year and also indicate if the Legislature feel5 that it should be acted on, request
that the P1etro Council powers be more restricted,
The City Manager expressed dislike for the methods of informing the area comniunities.
He said the first notice the City of Fridley and about the proposal was sent out by the
Rssociation of htetropolitan Municipa]ities. The City Manager said he felt a stronger
resolution shou�d be drafted stating the City would not want the Metro Council to have
ad��tional powers. Mayor Nee agreed stating the powers they do have should reiate to their
capital systems.
Councilman Fitzpatrick agreed that the notification of tMis proposal had been rushed and in
' other areas, the M2tro Council addresses issues in great length.
The City Manager said he would recommend that the Council take the position that the
Metro Council has a certain roll to play, but that this shoiald be restricted to certain
areas. Councilman Fitzpatrick mentioned that until the Metro Council has excercised
the powers that they do have at ihe present time, they would not be ready for additional
powers. Mayor Nee said he thought the Metro Council had all the powers it needs at the
present time. He mentioneC the aspect of their granting powers in relation toihe develop-
ment of the•comnunities and said if the criteria of the Metro Council is not followed,
the area communities would'�ot receive funding grants.
Councilman Fitzpatricl: asked Mayor Nee what his position on this concern is. Mayor
Nee said he felt the degree of representation on the �ocal level to be far superior
than the Metro Council thinks. Ne stated the local power and judgement can be trusted
and is more responsive and more dependable than if the Metro Council were to be elected
and given the powers now entrusted to local officials. He said it is very hard to get
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PUBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 6
hold of a Metro Council i mer*�er and it is very easy to get in touch with the local
Council and Administration. Mayor Nee continued to comment that if this is done
by State Statutes, this would create tons of paper and be a bonanza for planners.
He recalled that the concept of neighborhood councils had been tried in Minneapolis.
Mayor Nee said in New York the central planning had been tried and it did not work
because the people felt alienated. Mayor Nee said he would tend to agree with the
Sloomington statement in that their powers should be modified within the proposal
and defined more precisly. P1ayor Nee said he thought it would be a real mess if 100
communities began to plan atl at one time. He questioned where all of the planners
would be.
Councilman Brieder asked if the resolution could be drawn by the coming week's
Council meeting. The City Manager said this may be too late. He continued to comment
that the Metro Council should have power on a limited basis and not given such broad
powers. He said this would just create additional red tape and ihey have the powers
that are needed by them at the present time. The Gity Manager mentioned the amount
of paper that is generated by the Metro Council and explained that the Council only
receives a part.of this paper. He also referred to the Metro Council structure and
said there is a whole building full of people generating paper. He questioned the
a�rnunt of time they had occupied the building and •he amount of people they have.
Councilman 5tarwalt asked if the feelings of the Council cou�1� be summed up in a-
letter rather than the Council making this legis�aticn. He questioned the overall
costs: •
The City Manager said the Administration would bring something back to the Council by
the coming week. Ne said the Administration would attend the upcoming week's meeting
on the matter.
Mayor Nee said he felt the City Manager understood the matter and could represent the
Council at the meetings. Council�nan Starwalt indicated he approved of the City
Maiiager representing the Council at the legislative meetings on the matter.
MOTION by Councilman Starwalt to authorize the City Manager to attend the various
Legislative meetings and be the Council's representative at these meetings. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimoualy.
Mayor Nee said he thought there would be a meeting at 10:00 A.h",. the followinq day.
The City Manager asked the Council if they would still like some type of resolution
for action the following meeting and Mayor Nee said yes.
RESOLUTION N0. 59-1975 - A RESOLUTION OPPOSTNG THE FORMULA USED FOR DISTRIBUTION Of
STATE AID - SENATE FIL� l�ll:
The City Manager explained tha the Finance Directot° had attended the meeting concerning
Senate File 1011 because he had to attend another meeting. .
The Finance Director stated the Council tiad supported the proposed biil relating to �
6ross earnings on Railroad and Telephone companies, the grass earnings bi11 was the
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Governor's proposal. The Finance Director said the tax revenue from qross earnings '
is now going to the�State of Minnesota and this would shift the gross earnings back to �
the municipalities. He said this bill would give municipalities more state aid and would
result in lower property taxes. Ne said the proposed Senate File 1011 by Coleman would do
two things, the State would distribute certain state aids now going to the counties to the
municipalities. The State would pick up certain welfare costs now being paid by the
county. The Finance Director said the bills are tied together because there is a question
ofi,whether the State could fund both, the gross earnings proposal and the Senate File �
1011, welfare proposal, one of the other may be adopted. �
The Finance Director explained Senate File 1O11J welfare proposal stating the Counties
los� $31,000,000 they receive from State Aid funds. This would 6o to the municipalities.
He said the formula for distribution of the State aid unfairly treats cities like �ridley. <
Mr. arunsell said with this formula, Minneapolis and St. Paul would get a disproportion- �
ate share or one half of the total or from 15 to 18 mil1ion. �
� The Finance Director pointed out ,anb�her way for the Council to look at the alternative
was that under the Governor's prorosal,'the City wou.l�l receive $257,000, which would
�o towa�dS� reducing the property tax. �nder the Coleman 8ill, the City would receive
' $53,000 in State Aid to reduce the property tax. He further explained that if the
i4� $31,000,000 were redistributed back under the same formula as being used at the present
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PUBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 7
time, the City of Fridiey would receive $335,000 fn additional State Aid. He indicated
that these figures were furnished by Senator Coleman's office.
The Finance director informed the Council that the Governor had a r�r�entative
speak in opposition to the Coleman Bill. He explained that Dean Lund of the League
of Minnesota MuniciPalities spoke in opposition to the bill.
The Finance Director said Senate File 10ii «ould gfve Minneapolis and St. Paul an
unfair advantage over every one else in the State.
A question was raised on the per capita formula and if the formula was different in the
Metro area. The City Manager said if the City taxes the people more, they would
, receive more State Aid. The Finance Director explained ihat the mill rate in the
Minneapolis and St. Pual areas is raised through the inclusion of improvements and such
things as garbage coilection placed on the tax statements. The City Attorney said
� the mill rate is only part of the formu]a. He also mentioned that the rate is of the
rea7 estate taxes v�rsus the assessed valuation would have a bearing. The finance
Director said this would be equalized first to take care of inequities in the assessing
process. He said this would put everyone on an ec,ual plain.
� The City Manager said the Administration was not opposed to �e City getting the money,
the��, were oppo�ed to �e disp�nportionate �f7are coming back to the fity. The Finance
Director said he opposed the formula. He continued to comment that this was not to
fair to the people in the suburbs and if this would pass, there would not be enough money
� for the gross earnings bill on the Railroad and Telephone Companies. Ne said this
would take money away from State funds and they both could not be passed.
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Mayor Nee asked if the best proposal for the City of Fridley wou7d be the Governor's
proposal and the Finance Director sa�d this would give the most aid directly to the
�lty.
7he Finance Director said under Senate File 1011, the City would receive approximately
$628,000 total of State Aid Funds. He further explained that this would be $b3,OQ0 in
� addition to the $565,000 that is currenily received, but under the same formula that is
being used at t�� present time, the City would receive an additional $335,000 for a
total of $900,000. The Finance Director recommended that the Council take action to
favor Senaie File 10]l, but oppose the formula for distribution of State Aid.
Councilman Fitzpatrick said this action wou�d only oppose t.he formula and would
not jeopardi2e the gross earnings tax. The Finance Director said yes, if the proposal
is approved, �he City would be indicating they would like to use the o7d formula for
distribution of Senate Fi7e 1011 were to pass.
; MOTION by Councilman Breider to adopt Resolution No. 59-1975, op�asing the formula
, for distribution of State Aid funds, Senate File 1011. Seconded by Councilv�oman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unaniraously.
CONSIDERATIOPI OF HOt1SE FILE 7.54 fOR PROVIDING FUNDING FOR ISLANDS Of PEACE:
, The City Manager explained that the bill had been in thesubcommittee and would be before
the full committee the next morning. He saitl the Subcommittee was concerned with the
short term lease between the Foundation and the City and suggesied that there be a
, longer corrennitment for the land if this amount of money were to be put into the area.
The City Manager explained that the Administration did not feel that there would be
; any problem in conN��itting the land for this ]ong a time. He said there may be some
concern about the maintenance of the area over this period of time. He said it would
be possible to corrmit the land to the recreational use of the handicapped for a period
�, of 99 years. He pointed out to the Council that Hodges Island wouidnot be under City
control after the period of ten years. The City Manager said it would be possible to
commit the lar,d for a period over the four to five years period if this is the Coancil's
desire. Mr. Qureshi said he hoped thatthe morey could be obtained and the facility
could become a more regional type park. He said his only reservation if that the City
may be required to maintain and take care of the facility and buildings under the
current maintenance fund, and it would not be possible to do this. '
The City Manager explained the application process for obtaining the funding by
' 'stating the City of Fridley would be making the application through the State Planning
III , Agency, the money would not be going directly to the Foundation. He said this would
be simi]ar to the application and funding procedures that had been followed for North
� Park. He �id the funds would ccme to the City and in turn, the City can have a
,_ relationship with the Islands of Peace.
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PUBLIC HEARING MEETING OF APRIL 14, 1975 . PAGE 8
Mayor Nee asked the City Manager if he felt the Co�nittee vaould settle for an additional
25 or 50 years rather than 99 years. Councilr�an Breider asked if they were tali:ing
about the extension of the lease or the commitment for maintenance of ihe facility for
the use of the handicapped. The City Manager said they were talking about the lease.
He mentioned that the question of whether or not the Islands of Peace Foundation would
become inactive or defu�tshould be considered. He commented that the Foundation
has a legal and moral obligation to turn the property back to the City.
Councilman 8reider asked if it would be possible for the City to prepare a letter of
understanding contingent on the money going to this purpose. Mayor Nee asked if
Councilman areider's intent would be to guarantee that the land would be continuously
available. Coui:cilman Breider said yes, the City would guarantee to develop the
facility for the handicapped. Councilman Breider said he did not feel the extension
of the lease at this time would make any sense. Mayor Nee asked if the Council could
give the City Manager some direction on the terms to be agreed upon. Mayor Nee
continued to comment that the City could say that there would be no problem as long as
the City would not have to program the development of the land or the complete mainten-
ance of the facility. He added, yes, the City could make the land available for the
purpose of recreational facilities for the handicapped for who ever wants tc orogram
it. Mayor Plee asked the Council if the City Planager be given the dtscretion to reach
an agreement in this line. The City Manager asked th2 �ouncil what would be their
suggestion if the comnittee demanded the lease be extended for the full 99 years.
Mayor Nee said this would be a long time. The City manager said there would be some
problems in the commitment of the land. He.indicated that the maintenance commitment
on the part of the City of Fridley would be paying for the maintenance of a regioiial
park. He said he thought the City would be doing its share to commit the land.
The City Attorney said regardless of what the City does with the lease, there will
be some negotiations with the State Planning Agency. He said all of these ihings will
have to be ironed out. The City Attorney said the State Planing Agency might say the
City will have to be responsible for the construction and maintenance of the faci1ity.
Mayor Nee said the maintenance factor did not bother him, but if the City staffed the
facility and provided busses and this ±.ype of function, this would be undf�sirable.
The City Attorney said if the State is expending this amount of money, they might
take some action to handle the operations of the facility. The City Attorney said this
would not be determined by the City or the Legislature at the present time, this would
be done by the State Planning Agency in the future.
Mayor Nee said the exact terms did not have to be on paper at this time. The City Manager
said he would exp�ess the view that the City is willing to enter into a longer commitment
for land use. ,
MOTION by Councilman Breider to comnit the land for a certain period of time for recrea-
tional use by the handicapped and general public contingent on the receipt of the grant
for the Islandsof Peace project in the amount of $Z50,000. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried
unanimously.
RESOLUTION N0. 56-1975 - DIRECTING PREPARATION OF ASSESSP�ENT ROLL FOR SANITARY SEWER
A(dD WATER IMPROVEMENT PROJECT P10. 115:
MOTION by Councilman Starwalt to adopt Resolution No. 56-1975, directing preparation
of assessment roll for Sanitary Sewer and Water Improvement Project No. 115. Seconded
by Councila�o�ran Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the
motion carried unanimously.
RESOLUTION N0. 57-1975 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL
FOR SANITARY SEWER AND WATER iMPROVEMENT PROJECT N0. 115:
MOTION by Coucniltiroman Kukowski to adopt Resolution No. 57-1975; directing publication
of hearing on proposed Assessment Roll for Sanitary S�H�er and Water Improvement Project
No, 115. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously. .
RESOLUTION N0. 58-1475 - IN OPPOSTTI�N TO HOUSE FILE 1159 RELATING TO
� The Finance Director said the proposed House File �NOUId limit the late payment charge
� to not more than ll per month and would prohibit the use of tax rolls for collection
of delinquent accounts. Mr. Srunsell explained that the City has used this method
of collectionextensively and had not taken the agressive action of turning off water.
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PGBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 9
He explained that theprocess of turning off the water to be quite expensive and it would
not be possible to turn the water off for an apartment building. He explained an.
alternative action would be to take the collection matters to court. Giving the
Council an example of this kind of action, Mr. Brunsell recalled the matter in question
of collection that had come up the previous week. He :said the City nad taken a person
t�o court for non payment of a water bil] and the court decided in favor of the City
and the City still does not have the money. He said the use of the tax rolls for this
type of collection is a very valuable tool to the City. He said it is not a costly
process, and there are less problems in this method of collection than any other. He
said theCity is bound to get a few coinplaints on the method, but this would be less
than what would occur in the other methods.
Councilman Fitzpatrick asked what is behind the legislation to not put the delinquent
utiiity bills on the tax rolls. The City Manager exp]ained the back ground on the
proposal by saying that one community put an excessive penalty of about 40% on past
due bills. Ne said some citizens felt this was undue pressure. The City Manager
said the City of Fridley does not have this problem, their charges are no where close
to this.
� The City Manager pointed out the City's opposition was not directed at the penalty por-
tion of the House. File. He said they did oppose th�� stand to not allow utility bills
to go on the tax roils, and this is the basic reason for bring this matter to the
Council.
The City Manager said the City's Utility Fund is self sustaining and if the City would.
have to expend addiiional funds on collection, the people who are paying their bi]ls
would have to be taxed for this. The City Manager said it is the people that are not
paying their bills that should pay the price.
7he City Manager recommended that the Council adopt the resolution.
Councilman Fitzpatrick said as a practical matter, if he had a delinquent water bill,
he would want the balance to be placed on the tax rolls rather than pay the lump sum
payment or have the water turned off".
The City Attorney said he agreed with the Finance Director in that it would be undesir-
able for ttie City to turn off the water with no notification. He continued to explain
the problem that had been discussed at the previous meeting of the Council when a lady
owed a$76 water bill and was taken to court. He said the time spent on ti�z matter
by the new home owner, the legal consultants, City staf-F, price of the filing and
transcripts and sending the sheffif out, the City would be spending much more in
this collection procedure.
Mayor Nee explained that he had been concerned with this being a proper use of the
City's taxing power. He said this would be come a tax burden if the City failed to
collect the amount. The City Attorney said the utiiity bills are a service for which
payment is owed the City just as tax for special assessment would be.
The City Manager explained that the City is providing the service and is not a profit
making business. He said this couTd be contracied out, but as a City function, it is
a self sustaining function where who ever uses the services pays for the service.
The City Manager emphasized that the proposal would create a burden for those who are
willing to pay for their utility bills by raising the cost and those creating the
problem should bear the burden. �
MOTION by Coun�ilman Breider to adopt Resolution No. 58-1975, in opposition to House
File 1159 relating to pub]ic utilities limiting late payment charges and prohibiting
use of tax rolls to collect municipal utility bi11s. Seconded by Councilman Starwalt.
� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
Councilman Stan-.�altstated he thoughi it to be unfortunate that the man how had appeared
at the last week's Council meeting was unable to resolve the transfer of the property
without the delinquent water bill. The Finance Director said in most cases, people will
buy the property before they ever come into City Hall for any reason. He added, he
could not guarantee that prospective buyers would be notified before purchasing a
home in Fridley. He pointed out that the 4Jater Department is estabiishing a procedure
. so that this information would be avai1able in a title search on the property, but
this information could on ly be conveyed if the search was completed before the
purchase. He mentioned he could not guarantee that there would be an assessment
search. �
The City Attorney noted that one of the local legislators is sponsoring the House
File. 7he Finance Director indicated that there are two parts to the proposal and the
penalty portion may be the portion he is supporting.
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PUBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 10
Mayor Nee said he had the feeling that NSP may have to go to court to turn off
people's electric and have a court order to do this. He said this would have to
be done with a claim in private business. He said he felt that NSP and the Gas
Company should have to do this. He further explained that when he first saw the
proposal, he thought this is what the City would have to do also. He questioned
if the claims should be documented beyond the City's satisfaction or whether this
should be settled by other people. The City Manager explained that NSP is a profit
making business and tl��e City of Fridley is not. He said the City was only providing
service and the Administration would have a responsibility to the citizens. He
nentioned no one would be rilled if there is a problem or a malfunction. The City
P"anager said the City ti��ould have to be more accoutable to the citizens than NSP.
The City ATtorney said notices are sent out to the people before the delinquent
uti1ity t�ill is levied on the tax statement. The Finance Director said the people
are sent a notice that if the bill is not paid in a certain number of days, the
amount will be placed on the tax rolls. lie said after this time the Council.is
given the list of delinquent accounts for consideration in form of a resolution.
The City Manager said the people are notified three times �hat they huve a past
due bill.
CONSIDERATIC?' OF APP01�;T,?�!"J1COF h4AY0R PRO TEM: _
Mayor Nee said he had requested that this item appear on the agenda. Ne pointed out
that the Charter requires the appointmtnet of Mayor Pro Tem. He explained that there
was a possibility that he would not be able to attend the conference meeting of the
Council on April 28, 1975.
MOTION by Councilwoman Kukowski to appoint Councilman Breider as �rayor Pro Tem.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
RECEIVIPdG COMMUNICATION FROP4 NATIONAL ASSOCIATION OF COUNTIES: AND COMMUNICATION FROM
MR. D. tJ. DWYER, UNDERSHEF;IFF, ANOKA COU�dTY SHERIFF'S OFFICE:
Councilman 6reider explained that he had received a communication fr•om Mr. D. W.
Uwyer from the Anoka County Sheriff's office with a letter attached fr~om the National
Association of Counties which explained Anoka County had won a National award for
the Joint Law Enforcement Council. Councilman Breider read the first t�NO paragraphs
of the letter from the National Association of Counties to t�!e Council und audience.
Councili�i�n.Breider said the City of Fridley is a part of this organization as v�ell as
other communities. in the County.
MOTION by Coucnilman Breider to,receive the co�nunication from Mr. D. W. Dwyer,
Undersheriff, Anoka County Sheriff's Office, dated April 11, 1975 and also the
communication from the National Associatian of Counties and dated April 3, 1975.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee
delcared the motion carried unanimously. .
CONSIDERATION OF PRESEP;TATION QY NA[GLE SIGN COMPANY ON BILLBOARDS AT APRIL 28, 1975
G NFERENCE P1EETING:
Mayor Nee said a representati�ae of Naegle Sign Company had contacted him and requested
to give a presentation to the Fridley City Council. Mayor Nee said he would like to
disqualify himself from the discussion because of his interest in the media. P1ayor
Nee said he had indicated this may be possible at the fourth conference meeting of
the Council.
The Council �onsensus was to approve the proposed presentation for the fourth
conference meeting.
CONSIDERATIONOF POSSIBLE ACTION ON ZONING DiFFICULTY ON PROPERTY VACATED BY THE
CITY GEORGE IS IN FRIDLEY :
The City Manager �briefly explained the history of the situation. lie said as the
property wa.s zoned for public use, it could be rezoned or could be allowed to exist
under the non conforming use.
The Public Works Director explained the proposed remodeling and paneling to provide
a recrea.tional area attached to the bar.
After some discussion on the item, Councilman Breider indicated the belief that
the Zoning Administrator should make a decision or opinion on the proper method of
�^ procedure. He mentioned that 1n other cases, this had been specifically prohibited. ,
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PUBLIC HEARING MEETING OF APRIL 14, 1975 PAGE 11
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Council consensus was to have the Zoning Administrator prepare a recommendation for
action. �
I ADJOUNRMENT:
MOTION by Coucnilman Breider to adjourn the meeting. Seconded by Counc�ilwoman Kukowski.
Upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously and
the Public Hearing Meeting of the Fridiey City Council of April 14, 1975 adjourned
at 9:31 P.M.
Respectfully submitted,
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Pat Ranstrom
Secretary to the City Council
Date Adopied
William J. Nee
Mayor
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4 1975 7:30 P,M,
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FRII;LEY CITY COU���CIL PUBLIC HEARI�,G PICCTI�,G APRIL 1,
' ' � 7:31 P.M.
PLEDGE OF ALLE�IANCE: �iven
1 .
' All nresent
ROLL CALL: .
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PROCLA��AT I OidS :
1 ARPOR DAY 1975 PROCLAh�1ATI0i!
Adopted.
1 NONEY I��EEI� 1975 PROCLAP�9ATION
' Adopted.
ADOPT I ON OF AGE�dDA :
, Additions: Consideration of Appointment of Mayor Pro Tem
Receivin� Communication from National Association of Counties
Consideration of Zoning Change at George Is in Fridley
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PUBLIC HEARI��GS:
' NONE
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OLU BUS I f�ESS :
,1 �
'�' COi�SIDCRATI0P�1 OF R�SOLUTIOiU REGARDIi��lG TNE
ISSUAf`!CE OF Ii1TOXICATI�'�!� LIQUOR LICE�JSE
�I � �? ` t�AP�E L�1�dCS , , , , , , , , , , , , , , , , , , , , , , , � . . . . 1
� ��'` = Resolution No. 55-1975 adopted.
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PUBLIC HEARI�JG MEETI��G, APRIL 14, 1975 PAGE 2
i'J�4�J BUS I�dESS :
CO��?SIDERATI0��1 OF LEGISLATIO;�! 0��� h1A��?Df�TORY
COf�PREI,E��1S I VE PLAi�.?��1 I i�;G �J�dDER TFIE P�ETRO
COU�JCIL , , , , , , , , , , , , , , , , � , , , , , , . . , , 2 — 2 B
Administration to represent Council at hearincrs. Resolution to be
prepared by Administration for consideration at Anril 14, ]975 Council
meeting.
CO;�JSIDE►�ATIO�J OF SE�JATE FILE 1011 REVISIP�G
THE STATE AID FORMULA TO THE CIT� � , ► , , , , , . . , , . , . � — 3 I
Council action was to op�ose present farmula for disposition of money.
Would favor if present formula was being used.
�l� �.A �t- � ` _ �,<r ; � ..
COidSIDERATIQi� OF �IOt1SE FILE 754 FOR
PRQVIDI(�G FUi���Ii�G FOR ISLAP�DS OF
PEACE PAR{: , , , , , , , , , , , , , , , , , , , , , , , , ,
Council action directed the Administration to commit the land for use
of the public and especiall,v the handica�ed for a 1on�er period of time.
This is contingent upon receivinn the �rant of $250,000.
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PUBLIC NEARIf�dG P�1�ETI��G, APRIL 1<<, 1975
���C��J BUS I►�ESS� C0�1T I i�iUED :
PAGE 3
COf�SIDERATIOi�� OF A RCSOLUTIOi�J DIRECTIdlG
PREPARATIQP! OF ASSESSf ic�`�T ROLL FOR
SA�lITARY S�l'1ER A�aD ;'�'ATER If�ll'°i�VEf�1Ei!T
PROJECT f���0 , 115 , ,, , , , , , , , , , , , , , , , , , , , , , 5
Resolution Pdo, 56-1975 adopted,
COi�SIDERATIOT�J OF RESOLUTIQ�� DIRECTI►�G
PUBLICATIOi�a OF HEI�RI�1G 0�! PROPOSED
ASSESSME�JT ROLL FOR SAi; I i ARY SEIdER Ai fD
�JATER If��PROVE��1Cf�T �ROJECT i��0, 115 , , , � , . . � , , . , , . 6 — G A
Resolution No. �7--1975 adopted;
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COPdSIDERATIO�! OF A RESOLl�TIOid I►1 OPPOSITIOi��
1 TO I-IOUSE FILE 1159 REL�1TIi!G TO PUBLIC UTILITIES
LI��ITIi�dG LATE PAY�1EP��T CHARGES Ai'!D PROHIBITIidG
I USE OF TAX ROLLS TO COLLECT h1U►� I C I Pl�L UT I L I TY
BILLS,,,,,,,,,,,,,,,,,,,,,,,�,,,�7-7B
, � Resolution No. 53-1975 adopted,
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PUBLIC HEARING MEETING, APRIL 14, 1975
NEW BUSINESS CON7INUED:
CONSIDERATION OF APPOTN7MENT OF MAYOR PRO TEM:
Council appointed Councilman Breider.
RECEIVING COMMUNICATION FROM NATIONAL ASSOCIATION OF COUNTIES:
Received.
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CONSIDERATION OF PRESENTATION QY NEAGLE SIGN COMPANY ON
BILLBOARDS AT APRIL 28, 1975 CONFERENCE MEETING:
Council approved proposed presentation.
CONSIDERATION OF POSSIBLE ACTION ON ZONING DIFFICULTY ON
PROPERTY VACATED BY THE CITY (GEORGE IS IN FRIDLEY):
Council directed Adminisfiration to proceed in usual manner for
zoning decision by Zoning Administrator and rezoning of property.
Adjourn: 9:31 P.M.
PAGE 4
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FRIDLEY CITY COU��lCIL — PUELIC HEARIifG P�IEETI�!G — APRIL 1.4, 1975 — 7:30 P,M,
PLCDGE OF ALLEGIANCE:
ROLL CALL:
PROCLA��ATIOiVS :
ARBOR DAY 1975 PROCLA�lATI0i1
HONEY I�dEEK 1975 PROCLAP��ATION
ADOPTIOfV OF AGENDA:
PUBLIC HEARINGS:
NONE
OLD BUS I P�ESS :
C011SIDERATIOP�! OF RESOLUTION REGARDIi�,JG THE
ISSUA��ICE OF IilTOXICATI;'!G LIQUQR LICEPJSE •
t�APLE LP,�dES , , , , , , , , , , , , , , , , , , � . . . , . , . , 1
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PUBLIC HEARIPIG MEETI^!G, APRIL. 14, 1975
i�E�! BUSIfdESS:
PAGE 2
0
CO���iSIDERATIO��f OF LEGISLATIO;�.' 0�� MA�'!DATORY
COf�IPRENE�dS I VE PLAi�'i�1 I i'�G U�dDER T�IE P�ETRO 2— 2 B
COtJ�dCIL , , , , , , , , , , , , , , , , , , , , � . , . . , ,
C0�'dSIDE�ATIOf`J OF SEflATc FILE 1011 REUISIf`aG
THE STATE AID FORMULA TO THE CITY . . . . , , . , � � � � � � 3 ' 3 I
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COi�SIDERATIOid OF yQUSE FILE 754 FOR
PROVIDING FUiv�I�lG FOR ISLAi+�DS OF
PEACE PARK , , , , , , , , , , , , , , , ( . , , . . . . , , 4 — � A
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PUBLIC HEARIf�aG ��i�CTIi�G, APRIL 1L�, �975
i�E��! BUS I i`�ESS COiIT i i�lUED :
PAGE 3
CO(��SID�RATIOi�� OF A RESOLUTIOi� DIRECTI3lG
PREP�IRATIOPa OF ASSESSriL���T ROLL FOR
SAilITARY SL��JER A;��D �'�ATER If�1P°�VCl�1Ei!T
PROJECT (���0 , 115 , � , , , , , , , , , , , . . , , , , , , , , , 5
COiVSIDERATIO('��J OF RESOLUTIO�J �IRECTI�eG
PUBLICATIOi�� OF HEARIi�dG 0,1 PROPOSED
ASSESSP�CUT ROLL FOR SAE�'ITARY SE�dCR AelD
�JATER If��PROVE��IEf�T PROJECT i�JO, 115 , , , , , , , , , , , , , , 6 — 6 A
COPJSIDERATIO�! OF A RESOLUTIOid I�J OPPOSITIOi'J
TO EIOUSE FILE 1159 R�LI-1TIi!G TO PUBLIC UTILITIES
LIMITIi�JG LATE PAY�IEP�1T CHARGES A���!D PROHIBITI,JG
USE OF TAX ROLLS TO COLLECT h1U�lICIPAL UTILITY
BILLS . . , . , , „ , , , . , , , „ „ F , . . , , , , . 7 — 7 B
ADJOUR�d : '
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ARBOR DAY 1975 PROCLAn.�ATION
WHEREAS, the Ciiy of Fridley is noted for its beautiful shade
trees, which line our streets and arch over our homes, and
WHEREAS, our City's trees have been a gift to us from generations
past, whose foresight and concern for the future motivated them to
plant shade trees for our benefit, and
�VHEREAS, the ravages of shade tree diseases such as Dutch Elm
Disease and Oak Wilt Disease threaten many of our City's shade trees
with rapid destruction, unless we act in a vigorous manner to control
these natural disasters, and
�' WHEREAS, we must use the time we have to plant new trees so
that even when our Elms and Oaks have been destroyed (which we hope
will be long in the iuture) there will be trees of other species
to provide the shade, beauty and environmental benefits which we
' so greatly enjoy, and
� jVHEREAS, Arbor Day, April �25, 1975, is a day set aside to er_gage
� in the planting of new trees, and to contemplate and appreciate the
contribution made by shade trees to our City.
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NO�N, THEREFORE, I, William J. Nee, r�iayor of the City of Fridley,
do hereby proclaim Apri1 25, 1975, as "Arbor Day" in the City of
Fridley, and do further proclaim the 30-day period from April 25
as "Arbor tvlonth" and I call upon the public spirited and foresighted
citizens of the City of Fridley to plant trees TdO�V for the future
enjoyment of us all, so that our City may continue to possess
beautiful shade trees.
, IN WITN�SS �tiHEREOF, IF HAVE HEP�Et1NT0 SET MY HAND
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WILLIAM J. NEE, MAYOR
CITY OF FRIDLEY
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HONEY SUNDAY j'VEEK 1975 PROCLAMATION
WH�REAS, the State of ?�4innesota and the City of Fridley
are noted for providing a standard of living which encompasses
both the dignity and the realization of accomplishment which all
people seek, and
WHEREAS, the City of Fridley is continually increasing its
efforts on behalf of the mentally handicapped oi this area so that
they too may achieve their deserved dignity and accomplishments, and
� WHEREAS, the people of the City of Fridley realize that the
reatioriality and morality of specialized instruction and care benefit
ever one and
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WHEREAS, private programs in all areas of the state work with
� and for s�ate-funded organizations in attempts to aid the mentally
handicapped, and
WHEREAS, A4innesota Honey Sunday tNeek, sponsored by the �Iinnesota
� and Fridley Jaycees, will raise funds for programs and facili.ties for
the mentally handicapped in this area.
NOW, THEREFORE, I, William J. Nee, r4ayor of the City of Fridley,
do hereby proclaim April 14-20, 19'75 as t�innesota Honey Sunday iYeel�
and urge the good people of the City of Fridley to support this and
other programs which aid the mentally handicapped.
IN WITNESS WHEREOF, I HAVE HEP�EUNTO SET MY HAND
WILLIAM J. NEE, MAYOR OF THE .CITY OF FRIDLE:
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RESOLUTIO'�T Nn,
A RESOLUTION REGARDING TI-.IE ISSUANCE OF INTOXICA'"ING LIQUOR LICENSE
(MAPL�s LANES )
[VHEREAS, the b�Iinnesota Statutes have been amended to permit
the City of Fridley to issue certain additional intoxicating liquor
licenses to hotels and restaurants; and
iYH�REAS, the City Council has announced that it would rece�.ve
applications for new licenses; and
WHEREAS, the City has received an application from jNilliam
H. Gott�yaldt, 6310 Hi�hway #G5 N. E, on behalf of Fridley
Recreation an�� Service Compan,y, DSA P�Iaple Lanes and P,�aple Lanes
Resta�tr�,nt ; and
, i'VAEREAS, the applicant has presented to the Council certain
preliminary sketches of the location and interior layout of the
area to be remodeled for said restaurant, and
�vIiEPEAS, The City Council is favorably disposed to reserving
one of the available licenses for said applicant,
I�10�'V, THEREFORE, Br IT RESOLVED, by the City Council that
subject to the applicant meeting all requireinents of Piinnesota
Statutes, Fridley Ordinances, and codes as they exist, and
subject to any amendments that may be adopted prior to the time
of actual issuance of said license, and subject to the applicant
presenting to the City detailed plans and specifications for the
remodeling of said restaurant, which plans and specifications must
be approved by the City Administration, appropriate baards and
commissions of the City and the City Council, and subject to the
applicant agreeing to upgrade the landscaping, parking lot, and
exterior of the proposed building, the City Council shall reserve
an intoxicating liquor license for saicl Fridley Recreation and
Service Company for the period of six months from the date
of this resolution, �vith the option of an extension by the Council
after this time if the need is justified.
ADOPTED BY TH� CITY COUNCIL OF THF CITY OF FRIDLEY THIS �"�
._-r.�-�-t-�-,-.-
DAY OF
ATTEST:
, 1975.
WILLIAM J, NEE - MAYOR
114ARVIN C. BRUNSELL - CITY CLERK
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, �OARD OF DIRECTORS
resident
Ellio?t Perovich
Anoka _
�ice President
Clyde Allen
Bloomington
� Jack Baiiey
Minnetonka
Steve Bernard
White Bear Lake
Richard Brennan
1 Roseville
Frank Brixius
Greenwood
IJim Cosby
Hastings
�Wayne Courtney
Edina
louis DeMars
� Minneapolis
F�ank Fleetham
St. Louis Park
� Thomas Kelley
St. Paul
Duane Miedtke
St. Anthony
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BruCe Nawrocki
Columbia Heights
Josephine Nunn
Champlin
Roger Peterson
Cottage Grove
Donald Poss ,
Brooklyn Center
Lyail Schwarzkopf
Minneapolis
John Christensen
St. Paul
�Executive Directo�
Vorn Peterson
�����,;;� �,.���;�
� t' 1S0'� �
��f � � �� ',r
� � ...._..�� �c ..Y���i... ...-3
c���O�{���On o�
t�i��'r(��C��� �,��'1
mun�e��e�� � �oe�
300 hanover bidg. 480 cedar street
st. paul. minnesota 55101 16121 222�2861
April 7, 1975
Dear Mayor:
2
In recent days there has been considerable discussion, some
controversy and much misunderstanding about a comprehensive
planning bill that is bein� considered in Committees of t:e
Le�islaturee Many oi you received a very misin�orming and
anonymous letter from some unidentified source in recent dayse
Therefore, it is important that you understand clearly the
role and involvement that the Ass�ciation o� Metropolitan
h2unicipalities (AMM) has played relative to this comprehen-
sive planning bill.
The AMM's involvement started in July of" 1974 when Elliott
Perovich, APdl4i P�esident, sent a letter to the membership
asking ior local officials (elected and administrative) to
serve on policy study committees� The Metropoli�tan Agenc�.es
Committee, chaired by Clyde Allen, AMM Vzce Pres�dent, and
consisting of 25 local officials was formed to study and
bring fo�th recommendations r�elative to compr�ehensive planning
and the need �or coordination and a clear� definition of the
relationships between and among various units and levels of
government with respect to land use planning, (�11 officials
who o�ter�ed to serve were appointed to the com.rnittee)o
Simultaneously, the separate Development F�am��vo�°k Committees
of the former ivletropolitan and Suburban Leagues wer�e meshed
together under the co-chairmanship of Peter Enck9 New Hope
Cauncilman, and Orvil Johnson, b2endota Heights Administrator,
to continue their monitoring and study efiox°ts as it r°elated
to the Development Framework Chapter being formu�ated by the
Aietropolitan Councilo
The merged Development Framework Cornmittee and the Metropoli-
tan Agencies Committee met sepa�ate,ly but on a weekly basis
for several months (about 15 meetings for each committee) and
brought forth a number of recommendations which wer�e adopted
by the Board of Directors. These recommendations were then
brought to the AMM general membership on Decembe� 12y 1974
for consideration. Three key recommendations that relate to
the planning process and development framework were adopted
without dissent by the full membership.
—1—
'� These policies are:
2A
' VI-1 We urge the Metropolitan Council to adopt and the Legislature
, to approve a definition of inetropolitan significance based on
deviations from planned metropolitan physical public service
� systems and/or deviations irom local comprehensive plans which
adversely a�fect the metropolztan physical public service sys-
temso
, VI-2 Further, we urge the legislature to requi�e completion of lo-
cal comprehensive plans and to provide for the necessary re-.
sources to accomplish such local nlans.
VI-3 Further, we ur�e the lega.slature to limit any new
authority� ove� local com�rehensive plans to those
said plans �hat impact the metropolitan physical
tems<
approval
aspects of
service sys-
Using these adopted policies as the directive9 the officers of the
Association an� I began meeting with John Boland and key members of
his staff to get our input into the planning bill which we knew they
were preparing, These discussions were car�ied on �or nearly three
months, through several different proposed dr�fts of the billo The
discussions were very fruitf�l, much to the credit of John Boland
and the result is a bill that recognizes the need for protection of
the public investment in the regional physical service facilities
but also protects the rzght and responsibility of local units of gov-
ernment to plan their community within this overall regional frame-
work to meet the specific needs, desires and hopes of its citizens.
There are several key factors involved in this pr�cess that you should
clearly understand:
1. There a�e powerful• forces in this legislatu�e that would
like to pass a bill �hat is much stronger in favoring the
metro interests as opposed to the muni�ipal interests.
(Need I remind you that the Iegislature passed a le�y limit
law in �971 that did a lot of violence to local sovereignty).
2. The officers and.staff of the AMM ha�e worked very hard to
hold off those fo�ces and to arrive at a position that is
consistent with the policies adopted by the full membership.
As is the case in any compromise, no one is totally happy
with every word or sentence oi p��ase but, if after arriv-
ing at a workable solution, you do not follow th�ough in
good faith you iorever lose your credibility and ef�ective-
ness. While this is a compromise bill, the AMM op licy
positions a�e not compromised nor is the authority and
responsibilzty of local governmental officials to plan their
own communit.ies in any wa,y corr�promised, but it does mandate that
you exercise your responsib�ilitiese
3. • You should be aware that it is only
generated by a large united umbrella
Association, that municipalities are
fectuate compromiseo
-2-
through the strength
group, such as the
in a position to ef-
I�
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,
4e Legislative policies and programs of the Association
are formulated by you as a Mayor, Council pe�son or
Aaminist�ative officiaZa
Enclosed is the latest version of the bill that is being considered
by Legislative Committees of both the House and Senateo The bil]
has been endo�sed by the Boa�d o� Directors of the Association, and
we hope that you, too, will support this efforto
In addition to Elliott Perovich and Clyde Allen, Don Poss, Manager
of Braoklyn Center, and Ch�is Cherches, Manager of Sto Louis Park,
have been inst�umental in tu�ning a bad bill into a good billo
Please do not hesitate to contact any of the above or myself should
you have questions �elative to this planning bille
Thank you for reading this letter which is much too long, but I
wanted to lay out in detail the p�ocess that has led to the support
of this bill by the �MM Board of Direct��so
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VP:sb
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'cc: Managersy
Administrat.ors9
Clerkse
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Sincerely yours,
V�-� ����
�
Vern Pete�son
Executive Director
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FF�OM A7INN�APOLIS STAI�, AP1�IL 10, 1975
�tl� � .�►` ���a ,�,. ���� .�.�
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By ZELAH SCALF
Dlinneapoiis Star 5taff Writer
The Bloominbt�on City
Cotmcil r e v e r s c d itself
Monday and vot�ed to sup-
port pending ie�islation to
require comprehensive de-
veloprnent pla�ls for Twin
C1i1CS CO[IlitlUt11C1eS.
The council March 31
passed a resolution in op-
position to the mandator,y
comprehensive planning
legislation.
FoUert W e b s t e r, city
cotnmunity developmenC
director, testified April 1
before a Senate subcom-
mittee that Bloomington
officials �vere concerned
the proposed legislation
"would have t'n�� etfect ��
transferring the author:ty
t.o malce local land use� de-
cisions fror.z ]ocal �overn-
m e n t a 1�� u��its to Che
Metropolitan Council."
The City Council Mon-
d,ay reconsidei•ed its earlier
decision and voted unani-
mously to support the con-
cept of mandatory plan-
ning in the seven-county
area with restrictions that
would require:
Mandatory planning be
retated only to metropoti-
tan s��stems sucil as sew-
ers, transportatiort, parks,
airports ai�d land use.
Metro systems which
involves the entire area be
specifically defined.
A time frame be set for
m�micipal response to the
rec�uirecl planning.
The Nletropolitan Coun-
cit's potiver to accept or
reject a city proposal be
restr•icted to metro sys-
tems with other city plan-
niny areas being subject
only to council rPView and
comment.
Pravision b ' included
for fundir.g to assist com-
munities in meeting the
plarit.�ing requirements.
Councilman Clyde
Allen, said the City Coun-
cil's initial action was
based on a misunderstan-
ding of the proposed legis-
laticn.
Robert Hoffman, Bloom-
ington, a Nletropolitan
Council member, n4onday
complimented the Bloom-
ington council for its local
plannin� efforts.
£loamin�ton is one of
the approximately 4U com-
munities in the seven-
county area which has a
compreliensive p 1 a n, he
said, while more than 150
others do not.
The proposed iegista-
tion would require a!1 met-
ropolitan service agencies,
county and n�unicipal �ov-
ernments and local school
districts to give the.
Metropolitan Councii com-
prehensive development
plans by 1978.
It woi�ld iinplement the
r e c e n t 1,y - approved
C o u n c i('s development
framewo►•Ic, the principal
land-use master plan to
contain urban growth in
the metropolitan area dur-
ing the next 15 years.
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I,' APR I L, 1975
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480 CEDAR ST., ST. PAUL, fVifE�fN. 55101
v
_:: �� � . � , � � � � . . � � i `� uk�i' :� � � #'aa��* B
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By Vern Peterson
"The Legislature finds and
decla"res that the local
governmenf units within the
metropolitan area are highly
interdependent, th�t the rapid
growth and patterns of
urUanization within the area
create the need for costly
additional state, metropolitan and
local pubfic services and facilities
and increased danger oi air and
water pollution and land
distributron, and that actions by
and developmer�ts in one loca!
governmentat unit affect residents
of the entrre metropolitan area.
Since problems of urbanization
and development transcer�d local
governmental boundaries, no
singie unit of government can
adequately plan their solution and
there is a need for the adoption of
coordinated plans, programs and
controls by all local governmental
units and sci�oo! districts in order
to protect the health, safety and
welfare of the residents of the
;
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�.� � -:, � �f �= , -_. �, ,: .:'
Roger Peterson, Cottage Grove,
has been appointed Director of
Legistative Affairs for the
Association of Metropolitan
Municipatities. The appointment
was made by Vern Peterson,
Executive Director of the
Association and was affirmed by
the Board of Dfrectors, March 6.
Peierson, 34, had been a
member of the Association Board
of Directors until his appointment
Roger Peterson
and is currently the Mayor of
Cottage Grove. Prior to his
appointment, PPterson was a
computer programmer manager
for Control Data. He has been
involved in various south
Washington County governmental
groups, including the South
Washington County Govern-
mental Communication Council.
In addition, h� �vas chairman of
the League of Minnesota
Municipalities' Revenue and
Property Tax Legislative � sub-
committee in 1974.
He is a graduate of the
University of Nebraska at Omaha
with a degree in politica{ science.
Peterson is in h+s second two-year
term as Mayor and has lived in
Cottage Grove since 1969.
Among the duties as Director of
Legislative Affairs, Peterson will
be primarily responsible for
directing the Association's
lobbying efforts on the various tax
and revenue bills which resulted
frorn the organization's legislative
program.
��(;l!;.•_-�
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NO. 4
metropolitan area and to ensure
coordinated, orderly and
economic development."
So reads the preamble of the
land use planning bill sponsored
by the Metropolitan Council.
The main thrust of this bill and,
perhaps, the most contr�versiai, is
the requirement that all local units
of government, including school
districts, must prepare and adopt
comprehensive pians and that
certain elements within these
loca! plans are subject to the
approval of the Metropolitan
Council.
The bill also sets a general time
schedule for completion of the
local comprehensive plans
basically establishing April 1,
1978 as the outside fimit for
submittal of such plans to the
Council for review and approval.
This bill also establishes an
Adv+sory Metropolitan Land Use
Committee to advise and assist
the Metropolitan Council in the
implementation of the proposed
act
The bill also provides funding
for grants and loans to locai units
of government to help defray the
added costs of preparing the
comprehensive plans and the
'bfficial controls" to implement
such plans. The remaining costs
of impiementing this proposed act
to local units of government
wouid be outside the present levy
limitations as the bill is now
drawn.
The bill also defines the basic
etements that must be addressed
in the local comprehensive plans.
A comprehensive plan for cities
must include:
1. A land use plan which
designates the existing and
proposed uses of land,
Continued on page 4
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By Roger Petersan
Governor Anderson, in his
budget message, did not mention �
specifically the current levy limit
i law or any modifications of thai
law but he did state that
I' additional steps must be taken
this session to help local
, governments finance their priority
,efforts as well as continuing
efforts to reduce the pressure on
, property taxes.
Of utmost interest to municipal
''officials is the proposal of
distributing all of the railroad and
telephone gross earnings tax,
approximatety 46.2 million dollars,
'to cities, counties and tov✓n�"ips.
This money is in addition to
current local state aids but is not
'necessarily "new" additionai
spendable revenue dollars.
The current levy limit law
provides that state aid money
reduces, dollar for dollar, levy
money. Unfortunately, the
governor did not indicate a
change to the levy limit law nor
�how much of the "new aid" should
be new added revenue dollars for
locai governments. The message
'on�y implies an intent to provide
"new revenue." Therefore, as local
officials, we cannot be
complacent but must actively
'seek out our legislators.
We must make it very clear that
' our municipalities need additional
money, not replacement money,
'or current services will be
drastica.11y reduced. Sorne portion
of the 46.2 million dollars must be
'above current dollar limits to
carry out the governor's intent.
How much may depend entirely
on how well we carry our
' message to the legislature.
The Governor also proposed
� revising io a normal tax level the
special low valuation
I' classification given to Title II
pr6perty for the elderly and Class
, 3CC homesteads for the blind and
� Idisabled veterans. Tax relief for
these classiiications in the
amount of 2.5 million dollars per
year would then be refunded
I' directly by the Staie. However,
once again, it is not clear if this
would be new or replacement
dollars.
I' Another proposal, and probably
the h+ghest prioriiy to the
Governor, is the Income-Adjusted
Tax Relief system which would
replace the existing homestead
credit, renter credit and low
income senior citizen credit.
Under this program a
household is first expected to pay
1-1/2 percent of income in
property taxes. The state wil! then
pay up to $425 per family, 5625
for senior citizens or disabled
persons of the, property tax, at
which point the household will
pay the balance of the property
tax, if any.
Renters property tax will be
assumed as 20 percent of rent.
It is assumed that under this
program, taxpayers will be
required to claim the property tax
relief in conjunction with income
tax reporting so that the
computation for relief may be
checked and verified. Property tax
relief checks wili then be sent
directly to the homeowner or
renter.
In summary, the Governor's
Property Tax �tabilization
Program dealt first and very
specifically with relief for the
individual citizen. Secondly, he
implied that local governmenf
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Continued from page 1
including protection of open
spaces.
A public facilities plan which
shall describe the (ocafion,
timing, sequence, use and
capacity of existing and
future pubiic facilities of the
governmental unit. This
portion must contain the
following parts:
a. l"ransportation plan.
b. Sewer Plan.
c. Parks and Open Space
P(an.
An implementation program
describing how and when the
comprehensive plan will be
implemented.
shauld be helped financia�ly and
several possible sources of
revenue were discussed tor local
aid. However, it was not stated
how much of these revenue
source do(lars would be new
spendable dollars over and above
the current levy limit dollars.
�ounty Government
600G�iets Available
A publication entitled, "Seven
Counties in Transition" is now
available through the League of
Women Voters in Minnesota. The
booklet describes the roles of
county government in the
metropolitan area and how those
roles are changing.
Each county is described in
terms of structure, function,
finance, program planning,
budget making, personnel
management, taxing and
assessing, elections laws, human
services and land use.
The price of each copy is $1.50
and can be purchased from the
Minnesota League of Women
Voters, 55 Wabasha, St. Paul,
Minn. 55101. The telephone
number is 224-5445.
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In the legislative program
adopted by the Association, we
urge the Legislature to "limit any
new approval authority over local
comprehensive plans to those
aspects of said plans that impact
the metropolitan physical service
systems."
This position recognizes that
the local plans must interface and
take into account the physicat
metropolitan systems, which
includes the Metropolitan Airports
System, the Metropolitan Parks
and Open Space System, the
Meiropolitan Transportation
System and the Metropolitan
Sewer System. This policy
position -also clearly recognizes
that except for this interface the
municipalities should retain the
authority and responsibility to
prepare and adopt comprehensive
plans.
�
FROM 1t7INNFAPOLIS STAR OI' APRIL 10, 1975
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School districts would be under the MetrQpolitan
Council's planning and coordinating umbrella fo: the
first time und.er a m�jcr bill being written Uy House and
Senate comtnittees.
Under the so-called "mandatory planning bill" all local
governments and schools in the seven-county are� vaould
be required to have comprehensive plans. The plans
would have to fit in with the Metr000litan Council's
overall development concept for the seven-county area.
Municipal:ties no���
prehensive plans tq
are required to submit their com-
tl�e council for "review and com-
ment."
The new proposal �vould
include the 46 school dis-
tricts in the metropalitan
area and give the council
veto nower over projects
�vith a metropolitan im-
pact.
Not long after the council avas establisheci by the
, Legislature in 1�s87, i�s first chair�nan, James L.
Hetland Jr., said the council needed "knitting and
stitching po�vers" to carc!;� out its plans.
The mandatory planning bill apparently does this.
House and Senate subcommittees are working closely
toaether on the bill, and members say tlrey ekpect it to
be passed by the Le;islature this session.
Rep. James Casserly, Minneapolis DPLer, cl�airman of
the House subcommittee on local and urban affairs, said
the bill will probably be voted out Friday. Sen, Hubert H.
Humphrey III, New Hope DFL.er, said his subcommittee
plans to vote on the bill Monday and send it to lhe full
commiltee.
A key provision of the bill says the council may re-
quire the "modification" of any plan or program to in-
sure its "compatibility" or "conformity" with other com-
prehensive or metropolitan plans.
Another lcey provision says the council shall on a con-
tinuing basis "monitor" the activit�� of loca} governmen-
tal units and school districts.
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Developers and Iocal officials, particularly from
undeveloped areas, are strongly opposing the bill.
Rep. 'Ted Suss, Prior Lalce DFLer, who comes from an
area where tliere is substantial opposition, says local of-
ficials are afraid they will lose their decision-making
power if the bill passes:
"It's saying if my city plans an industrial park on the
west end, the YIetropolitan Council can say 'take it out,
it's not compatible,' " he says.
Peter Popovich, lobbyist for the Mimiesota School
Boards Association, is attempting to get the bill amended
to rei��ove the council's veto power over scheol capital
improvements.
In 1959, the independence of school districts was
threatened when the Legislature was considering a bill
to create the Minnesota Municipal Commission. The
originai bill gave the commission power to order annexa-
tions and consolidations of school districts as well as
municipalities. Popovich, in a little-publicized co:nmittee
meeting one day, succeeded in getting schools eliminated
from the bill.
But legistators today insist that schools have to
come under council jurisdiction if there is to be
effective control of the development of the seven-
county area.
Popovich sa��s, "We think the c^uncil ought to have
the right to comment on our pl�ns, but not to veto
them." The council de�sn't have the staff to get involved
in education, he says.
Also, he says, school districts are supporting a.nother
bill in the Legislature providing for such a review by
areawide educational agencies.
Popovich says the Metropolitan Council would have
indirect veto over school plans with review power only.
If the council makes an unfavorable comment on a pro-
posal for a. new scl�ool, he says, school officials would
have a hard time ignoring it and going ahead with the
construction.
� .
Casserl,y and Humphre.y say that ton oftr_n in the
past, devetopers have buiit 2,000 or 3,OQs1 housing
nnits in undevel�ne�! areas with nn +hrn��i�t given to
schools. The�� sch�ols '�a��e to b�,'r(d therF, too, and
school officials sae. "We have to have sewers," and
other eYpensive uti�ities.
Humphrey says if the bill had been in effect in the
past, some of the suburban schools which required sub-
� itantial bond issues to finance them might not have been
built. "Possibly some of them that are being closed," be-
cause of declining enrollments wouldn't have been built,
he says. •
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11/4/75
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8 . .
9 .
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12 - "
�3 .BE IT ENACTL'll BY.THE LEGISL�-'1TUP.E OF TH� STi�TE OF NINNESOT�1: •
14 ' • ' .
15 Section l.� [LEGXSI�ATI1'E FX?IDIt;GS k2aD I�UP.:�OSE:l The
._.....,,
16 lr_gi�J.atare finds�-�nd declares _th�:t�the local �ovt�*'r.r�entaJ.
17 uriCs •r;ith�n�Ch�n�fr�noliti-'r. area.Mare hi�hly
18 �nt�•r��ep°nc!�n�. thfiL fihe r�t�id g:o�::Ct, anri p��t"erns cf •
........_.._..�......�....._....�_....______�....�...._......�......r.._................._ ..
19 ur�a::izarion�'�i�n?-r.^the ar�awcr2atc the need fnr�cosCly
20 a�di�ionaly` t��LeMrM�etroi?cl;itnn and�local Pub].ic scrviCes�s^;3
21 fac! l.i.ties^�nd ir.rrc�:se�i d��*.^�er of�ai•r an3r��.•�zter pol?t�t:o�
22 M�d land destruction,'%ndYthaC�acticns by^anriWcicvel.on:�c^,ts
�3 in o;�e�l.or.a1 ncvcrr.�wn���l�u^i t��fect_res'_�c�t ; of�the
2u
enCtrc�netrcpol.ii:��n^:�rca�_.Since r.rohleras oi�urh?.nJ<.�iti�h
�5 . _._... f. . � c. .t I' t C , r� �
a;�d d��vr).r.n,.-,cnt tr.i�is�enct 2oc.�.l �ov��r����n__l.^boi��____...:.._...Y_
26 �_. '..._..�.___.._....___�._�..._. __. � ,, n t r^ 1; s o 1,: t� o n
si.n��le unit of <<�vrrn:nent c:�n �clec(u:�t�ly^{ 2yYM+�rM�L� ��
�7 .....,�._._.__..,..__�__�..__..____._..._.____...�_.. � .
28 and`tlierc is a nced for thc ��do, t:.on �t coo:dinatcd nlans,
�9 proqr^r�s�and contralsyhy all_loc�l«SO•�crnr..cnt�il�u-�its�3;�d
3� schaol_�iistricts i►i orrlcr_t��rrotect^tih��hcalch, sF+fety`��nd
3� Mc],f��re`of�tt�cr:�cs!.ct�i��s�or. the �crropolit�^nM:_rc� wnd to
3� et�surc ccordin��tcd,��ir�icrlY �inci �r.nnor�ic c�ev��? o��;��cht.
....._.__�_._..._ _ ^-�
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Thexefore 'it f. thr pt�r�>o: e of �cct�ori� � to to (.2)
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2.cstnhJ.tsh rcyuircm�nts�-�nd procrd�ircY to accorc,p�,i.sh .
3 Cont>retzensiveM1lcc�2`pJ.��nnir�:l�ind cnact 1.�zndMUSC controls
t� ConsiY�tcnt;�;,�S.th �l�tir1ed, oz'dr_r�y ��nd staged develonn.erlC��i�d
� metroF?�o1JY��n s�:µtem nL��ns�aho (2} Lo Proi�Zdc ass.ist�incc�to
�).oCa1 r,ovcrnne�ztal. un�ts �n:i school riistz-icts «ithJ.n *he
._._._......._,,.._..___...�....�_.._....__M�,___....__�...._..__...__....__. . _..._...�_�...._..�
? netro�ozi.�an"arc� for ttle p;c�,�i•I•itiori a: pJ,ans ��nd ofi.icl.al
...�........._....__.._...�.�......�._.r.�__ . ...........�...r...___......._...._..._._�...........t...__ �_...._........
g co3�tiroZs �,ppro�>ri�tr_ l:or their areas and consisten�ti^wi.th
._............._...___.a...._._......._...._.......�. �...__...»........._._............._...��,�.........,._._.._.._._s
9 mc�ropo! itan : yste�:� plans, • • .
..........--_.-..._-..,.._._......_._........�...._.__._.._... _ -
10 Sec. 2. [Di,FINITiONS.] Subdivision 1. As used in
11 sections 1 to_ the fo]_lovring terrns shal.l have the meaninas
12 given them. . � �
�.3 ' Subc2. 1.. "ndvisorv metroDOlitan lanct use committee" or ."advisory
lt� cc�mmittee" rneatis an actvisorv committec estahIished bY the metropo]itan r.otulcil.
�5 �� �rsuant to sectian _3 . of tiii.s act_ 1
16 . � � . _ .
Subd, 3. "Annlicabl�:�lannina statute°� meat:s Minnesota Stata�es� �
�7 - . , _ .
Sections 39�.27 to 394.37 for counties and Minilesota Statutes Sections
18 ^
1g 4�2.35i to 462.3f��1 for cities and to��ms. : .
20 aSl]}JC�. �i. ��Capital improvement proqr�m" Oi "procrram" means an
21 itemized proararn for a five vear nrosQective period,, stibiect to at least bienriia?
22 revision, settina fort.h the srhedule, timinc�� and det<lils of snecific �
�3 contemplated ca�;it�l im�rovements by fiscal ve�r,, tocrrther with their estimated
24
cost, the )ustification for each imnrovement, financial sources, th� impact that
25
the imnrovements v✓ill have on the cttrrent o�cratincr e};pen�e of the loc�l
26
?7 c�vernmcntaT unIt or schoo] ciistrict �nd othcr int�rmatton on c.a�ital imnroven;ci}t^_
28 as mn�he �ertfnent. _ � .
zq SUhC�. S. ��C�mnr�h�n'�f\�C? fl�lTl�� nC ���)t<lil�� 111('.i1T7S t�lf`. CnI71T7C(_`}1C11SiVC' -.
30 pl�n of c�clt 2ocal q�vernmr.ntt�i w�tt nrr.�,��rr.d and �ci�l�tc�1 nursimnt t� �ecti�ns
31 ] to �nf tf�t.^_ act �n�l, to thc r_>:trn�t n�t Incnnst;:t�nt� tvith src.tton�: 1 t� _ of
3� t1�1,_�ct ��.^. �rc »rr.rl nnrl �irin�lt�l �iirr;unnt tc� tli� �� ,lic�hl� lniiiilnr ^1_�h�t��.
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1 Suhd. 6. _"I.�ocal�ovcr�nmcnt;al unit" oi• "uriit" rncan:: all
2 citier., couritje� and to�rn� lv,in/�in whole or 3n part �•�ithin
3 the me�ro��olitan area. �
4 Subd. 7. "Metropolitan sysLern �an�" mean:; the airports
5 and development framc�vork chapter> of thc metropolitan
6 devel�ment quide and�ol.icy pl� n; artc� the developrnenL
7�rop;rams, capital bud�ets and mastcr pl.ans as defined in and
$ approved by the rnetropo7.9.t;an council pursuant to lavrs ].975, Chapter 13_
g , S�ibd, f3. "OFficial con`rols" or °coiZtrols" met�ns 1^r�i;l�ti>>ely defi.ned
10 and en�c#ed ordin:�nr,e> and recrtil�-itions cont- i.ninct t�olicics�proceclures,_ �
1�- st�ndarcls, m�ps, corditions �nd olher criteri<Z v�liic}i conL.�oi che pi,�si�,i
12 devclonment of a citv, to�vn or r,ounty or �n�part thercof or anv detail thereof
13 � .
. anc3 im�;lcme�Zt the Ueneral objer.tives of tlie comprehensive�lan. Of.fi.r.ia]. controls
14 � . - . .
15 m_ ay i�tclude orclinanc^s esta3,lishinZzoninc�, su!��iivision cocatrols, sit,nl�n
16 reaulatians� sani.tatv code�•, buildinq cpde:: and off.icial mans. '
17 Subd. 9. "Private sewer facility" means a �in�;le lot,
1$ multiple lot or other seuia�e collection or treatment faciliiy
19 otvned, constructed or operated by any oerson other than a local
20 governmen�al unit or the metropolitan vraste con�rol com?niss�on.
21 Subd. 10. "Fiscal devices" means legisl.ati.ve or adminis-
22 traiive acts of a local goverrunental unit regardi.ng financial
23 matters vahich affect'the phy:.ical dev�lopment of a local
21� �overnmental unit or any part thereof, includinp; the valuation
2� of property purs��ant to Minnesota St�tutes SecL-ion 273.I1
26 the designation of urban and rural service di.stri.ets, �ursuant
�7 to Minnesota Statutes, Section 272.67, and the e:tabli.s}iment
2II of development di:trict> pur�uant to Minne:ota Statutes, .
2g SecLi.on: �t j2R.01 to �t72A.13 a�id �n,y other �t:zt�cte: auLtior�izir��;
3o thc crcation of dtstrict-> in arh:ich ttic u: c of Y,ax increment
3�� boridtn� is authorized. . �
3� Sec. 3. [ADVISOIiY COf•1M1'1"17:E. ] 7'he counci l:,h1t1 e^t;abli: h
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1 an aclv.i�sory rnetropo].j.Lan .land use commi ttce pur �uanL to La�•�: ��l � t-..
____ ' �}�N� `
2 1975, Cha��tcr 13, scction �!, compra.�ed of 1G official:. oF lacal •• �;;,;�
_ Ls
g�overn.nent-al units, one from each council district, plus a
q chai.rper��on.
5 Sec. t{. [GUlDELINI�.'S.] The council, follo��rin�; consult-ation
( wit:h and the rece��t of recommendation: from Lhe advisory
7 cotnrniLtee,_s!�al:L�1_•ec>are and adop_t_ �;uidel_ines and procedures
$ relaLi�_to the reatii.rements and provision� of sections to
9_ ti•rhich �!ill. provide assist;Gnce to local governmental units �� �J�,,`
�p and schoo) districts in _a.ccomplis}i5n�; the provisions of
1� sections__ to • •
12 Sec. 5. [b.�TRqPOLITAN SYSTHT�IS STATEt�1I,D;T.] By Apri.l l, _
13 1976, the council shall. transmit to each local �overnm _ntal
Uri1C �l i71Cf!lO�OI1C<3Tl S,,,S�C?i115 SYc"IiE:Il1C'.Il{ . In the pre�aration of m�t?"n�)Ol1Lu11 .r,y ;i.^l15
ljj st�,ternn���s, the cot�nci.l ,}lall consitlt �vit}i a�ro�riate corr,missions, officials
15 --- ��--�----
�6 af the unit �ir.d the �dvi�_cotnmittee. 7'hc statement st::�ll con*.<i.n ir.formation_
17 1'Cl�i�i1CC t0 tt�e u��it �nd «t�emnriate sii:rottndina territory that tize councfl.
18 determines necess�r�ior the unit to consic?er in pre}�arinq its comt�rel�ensive •
19 plan�ircludincr�thc fo1l��vin : ' ' � _ '
2� (a) Tiie timin�, character, function, location, project;ed
21 capaci.ty and conditions on use, for existin�; or planned
22 metropolitan public facilities, as specified in metropolitan
23 systems plans, and for st,ate ancl fecleral puUlic facilities .
2�J to the extent kno��ln to the council;
25 (b) The population, ertployment and housing need projections
26 wh_ich have been u�ed by the council as a basi.s for its +
27 rneLropolitan systems plan;;
2B (c) _An,y p<1rt:_ af the land u:e pl.an, puUlic_facilities � ,
29 plan or itn�lcmcntltion pro�;rarn tahi.ch may be excluded from T�
I 30 Lhe plan of Lhe ].oca]. �;ovei�nmental unit. The exclu^ion of
3� ptir�L : sh111 bc ba ;ed on Y,he n1t-ui�c and characY.et• of exi::t:ln�
3� 1�i�1 proJccY.cd dcvcic�pmenL �•�1.thin cach 1oc11 �*nvcrnnicntal unit
� � _1{-
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-- - -- _ ____.____-_----- -�� � : :---
2 in rnetr_o�?olitan �y;>tc�n�lan.�.
3 • Sec. G. [f�ii:Tf:01'OLI`I'AN SYSi'}sP�IS S`I'A`PEf7T,fI`l'S; AT�11�NDt�if,rti'S.]
' q In thcT -�.r i.ri:i.tial co.n z�eherisive lan:s or ca?��i.ta]. i.m rovernenLs
� ---- --- -- -- ' .L��-----L� — ._ __� -- — --
5 �� r,o��ran�s submitted to the council� local �;overnrncntal _units
� (, and sehool. districts shall be requi.red to cotlsider any_
7 amendmenLs or modifi.cations •tio n?eLr•opolii�an systr.ti� plans �
' $ vrhi.cti �•rere made b�the cot�nci.l and t;ransrlitL-ed pr3�or t;o
9 January l� 19J7. Thcreafter�within n5ne months after
� 10 recei i.n�an amenclment to a metro�oli.tan system planZ
�Z each affecLed local. governmental uniL or school
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13 disLr3.cL shal.]. revierr its com��rehensi.ve plan or ca.pital
�i�� im_�rovement _��o�ram to determine if an amendment is necessary
l� to ensure continued conformit: vy ritih_metro�oli.tan__system
16 �an�' If an ar,�endment is necessar�� th�overnmental unit
17 or school distri_et shal�zJe are the amendment and submit
18 it to ttie councit for revie:a pursuant to secti_ons throu�h
19 -- , � � ` 'J' l
20 Sec. 7. [COI�tYREEIFNSIVE PLAN5; LOCAL GOVEF?.1I�TENTAb1UD1IP5. ]
�___--. '
21 Subdi.vi.sion l. lrlithin two years follov�in�the recei[�t of
22 the metz^opo]_itan systems si�tement, every l.ocal �;overnriental
23 uniL_shall have preparecl a compret�ensive plan in accordance
2� with sections l to of this act and the applicable p].anni.ng
�5 statute and shal.l have submitt;ed the plan to the metropoli.tan
26 council for revierr pursuant to section 13.
2T Subd. 2. Local �;overnmental. unit-s shal.l. submit their
2B proposed plans to adjacent �;overr-�mr.ntal u�iits and affected ,
29 schoo9. di:;tricts for revicco �.ncl comment; at least si x months
3p �rior to submissi.c�n of the ptan to the cour�cil and sh211
31 subrnit copies Co t:hem on the :ubmi.�:;ion' of the F�lan to the
3? council. .
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1 Sul>cl. 3_ `I'hc_(�7_��i:;�1i;�1.7. l�c_ut�tnittecl L� t;hc couuctl
? folJorrlt� a►�provti7. b,y thc �].atinl.nt; cnmtr9:;:;ion of titic u'itt
g and afticr con:>idc�ratiot� but before fitiat a?>F�roval by, t;he
1� �;overn i i�(; bo<9y_ of the unit .
5 Subd. �I. Cor,;pz�eheti:,ivc �,l�n� c�ital immovcmeni_�rorj;ra_in;,_
-�'----'�--- – —�2- ---
G �e:rc�r o].i.c•✓ t�lan:, and of.'ficial_coni;r�l:� of ].oca7. ovez'Tlii'.L'Tll:al.
l uni.t_:s ad��ted �>ri.or to the requirctnents of sections J_to
$ s}1111 rema.ir� in_Porce and eff'cct unti.l lmcnded, repcalcd or
9 suP�=rcedecl by�i] ar,s or cor�tro] s adopt,e_ d_�_urstiant io sections
�� to ` Exi.stin�_ com;?ret�ensive p7.�?ns, capi.tal improvem�nL•
�1 ,ro�;raras, seoier ol.i.c �>>.ans,_and offzca]_controls ma��be
�2 ar:�ended as ai?nro�?i°�ate ancI nev: cavit;a]. im rovem�nts pro�rams
�3 and officia7 controls may�he �re�ared and ado�ted prior to Lhe
li� suU?rission to the counci7. of com�rehens:i:ve_pl�ins •
15 req_uired by secti.on = +to • '
1(� Sec. 8. [COi•IPRE�iEidSIVE PLI!N COI�i`i'ENT.] Subd.ivision 7..
17 The cortiprehensi.ve plan sha7-1 _be a sta.terient i.n c,rords�m<LpsL
1$ illustraiions, or ot;her forms setting forth oMjectives,
19 Po7-:icie.� standards and programs to guide public and private
20 larid use, developrncnt, redevel.opment; and preservation for
21 a].1 larids and rraters with�n the jurisdiction of the local
P2 governmental uni.t throu�h 1990 or throu�h any year.tnereafter
�3 Yrhich is evenly_ divisible by five. Each pl.an sY�al]. s�ecify
22� expected indu:trial and con;merci.al development, planned
�5 population distribution, local ublic faci.lif;V capacities
26 upon U�hich the plan is base.d. E�ch plan shall. contain a
27 discussion of the use of the pub].ic facili.ti:es s ecified
2$ in_thc metroFioli.tan s,ystcm �tatement a.nd of thc effect of the
�9 plan on adjacent; ].ocal. �;overn,nental ur�i.t � and affectecl school
30 di:�tr�i_ct� T:xi::t;in�; pl�lri � and 'off:ici.al cantiro7:, may be used
� 3� in wt�ol� or J n E�arL' folloz�ri n�; modi f 1 clti.ntl� a: necc ;sarY ,
� ; ecL lon^ to 7'r�c
32 L� ^aLt::f.Y t:t�e rc tq �[t�cin�rit^ ot
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� ec�nt{�rchen:;:tvc ��l�in n�a,y contain a71 _acicl:i.ti.ona]. m_ittcr �•rhi.ct�. .
2 m<i}' t�e :�.r1c1.uc3ecl in a_ comy�reh=nsi.vc�lan of :the a�p]_____-icabl.c
local overnmental un:it pur:;uant t:o_Lhe a�?pl:icable�lannin� •
3 _—__�__ -- .
1{ JLCLUULe_ -
A l�nd use plan shall de:�:i�;nate
r�- Subd . 2. [LA1�ID USE PLflid . ] — —" `—
the existin�; and pro�o�ed 1.ocaLion> 9n�ensity=ind cxtent of
6 __`_ --, �._�_ _
7 use of land and �•rater for a�;ricul-tt�ral,_ i'esidentia7._L comr�ercial�,-
g industrial atld other Publ_ic ancl priva.Lc�ur�?oses, or any
c� combina.ti5.oniof suc�urPo:>es• A la.nd use plan shall also
�� contai.n a�} rotecti`on element ,�_s �pz oF�riate fo�__r ri? �tori.c
` � Cha.pLer 13 � section
11 sites and the maLt,____ez�s_�?sted i.n Lati^rs 197>> __`
12 2II. �
Subd. 3• ��'UHUIC FACILI'PIFS PLAN.] A public faci.l_ it?-�s
13 ______
1 lan sha.11 describe the char�cter, lo___ c_t?onz?�imin�;, seouence,
1 { �-_ _ —
15 iunction use and capa` eztiY o£ exist:i.n_�and future publi.c
facili.t:ies of ttie 7ocal �overnmental �.�nit• A public faci.J-iLies
16 _ _ -
17 �lan shall contain at least the fo1lo�Jin� parts:
}$ (a) A transporta.tion plan describing�designatinP; and
19 scheduli.ng; the location, extent, funct�ion and capacitiy of
2p existiing and proposed public and privlt;e transportatiion
2� services and faci.lities; .
22 (a) A comprehensive sevrer plan describinL_s des1 -,�nat?.t�-�;
and___ schedulin� the areas to be se�'�ered by the public sy�tem, •
�3 _
2�y the exi.st9_n�; and lanned capac5_ties of the ublic �Vstern t;he
�5 stan_dard:_and condition� under Hrhich the i.nstall.ation of private
�e,,r�r system: �•rill b�crmitted, and to i:he ext-ent practicabl.e1
26 _ - --
27 the areac noL suitab7�� fo2, �ut�]ic o__��rivate _°�y:>tem^ t�ecause
2� ot uhlic heal.t•Y� saf'eLy :�n�i �•iclfar•e con�iderations;
____F'_-------- ` � �
29
(�) A parks and o[�cn s�1ce p11n de �cr3b3nf�,_ cle: i�;nat�
3� and : checii�lln�; the exi.:>t;iti ; rind rropo^ed ��ar•lc:� �rld recreation
�l o��cn s�iace:; ��rithin thc ,iurir.cl.i.ct;7on.
32 Stihct. �I . [Tt1f'L(•:�1f•;PJ'i'A'l' [Oid 1`►;or�;nr•�. ] lln lu� 1 emcnL..�t;iori
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], L�cJ�;t_un--;;tin11 �l�::cr_9.1���i,ih1 1 c__pt_c�r��trn;_,_ fi_:;cnl�dev_i ce;;_�nd
2 otF�er :�pc.�e.ifie aetion> ta }�e ttr�derta}cen in et�itecl ::eclti��iiCC to
3 implcm�rlt _the co��_��rehc_n_�ive_�latl. Ari ir�:ple_nentai; i,ot��r_o(;rarn
/� :,hrill contai.n 1 lea:,t the_fo.11ovr.Ln€;_ part �:
5 (a) /1 de.scri�t_ion of' c>ff:ici.a] conLrols,^a_ddre:�in�c, at
� least f:}ie ni<<tter�� of zon_in;;�suhdi.vi.si.on��.nd priv�at;e sev�er-
7 sy=ten;._2__and a:chcQule for Lhe prepa.ration, adopti:ion, and
$ aa ;ini_ti°ation of such co?7trol>_��iii.ch �•�il.] affect �the fttlfill-
9 ment of_tti = com;?rchen �i ve �lat1 �r�d ensu��e. conformii.y e�iL-ti
10 m�.tr�o__itari �,y�tem pl<^.ns. �
11 ib)_ A, cap�.La.l irlpro�rc�:�enLs pro; _r•arn for Lran>port�Lionz
12 se�•;erss__p��rks a.t�d open :pace facil.�.t.i.es.
13 Subd. 5. [UKB�NI`LA`1']:0;1 11RL;AS. a 2`he comprehc�nsive pJ.ans
ZI� shall_de:;i�naLe, ��rtien a��roLri_ateLfi.ve year•_urhani.zaf;i_on
15 areas 2.nc1 shal.l specify i.n LYle ca �i cal. imt�rovernents�?ro�ram
----- — - - �------
16 �he t�.rnin��and se��u.ence of ?r:a�or local_ public facilities and
17 in the im�Iemer.ta'�ion p:�oEr,ra;� off_i_ci.a7. controls cchich t•+i1.1
18 ensure tha:t; ur.,ariizati.on__occurs onl;� in urt�anization areas
.
�9 2nd i.n_accorcianc� �•rith the pJ.<<n.
20 Sec. 9. [Cl'TIES.] i?xcept as provided in the metropol.itan
21 syst;ems staternent, comprehensive plans of c9.tie'> �hall i.nciude
22 the mat;ters specif9.ec1 in �ection &. .
23 Sec. 10. [TOZ�INS. ] SuUdivi: ion 1.. __Except as provided
24 in the meLropolitan systems statement, comgrehensi.ve
25 plans of tiot�rns shall i.nclude the m��tLers specified in secL-i_on
26 8.
27 Subd. 2.. By December_31, 1975, each to��rn i�r:ithin the.
?a coiintie: of Ano;ta, CarvcrznakoLli Sr.,att and ��7;�shinRtonz
29 planrr.tn�; undcr Tdi.nne�oLa StaLutc: 19%�{, secLions j�G?..351
3p throu�;h h62.3E,�1, or undcr SpCCitt�. �.<1411_}lct�l b,y rc:otnti.on
�1 detcrm:tne wheLhcr it will pr_eplrc thc cort�reti��n^:Ivc p.tan
32 for it�,jur.l::clict:ion. I:1ch :;uch town al^o_::htill_e�_�ri C,y1.
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2 si t�.t:iCedi_anY __[?_lI'L:;�or :t.t;:_.F,�_a�, anci of Ci cia] cont_ro].:;, i f an_/�
' 3 L}1� �cparati_ori of vrhich=it dele„aLe:; to thc c<sittit;y.
1� " Subd 3'--�Po;;rl: rti.thirl count:ie � vrhich h:ive_acl�t;ed
co.�� �r �hcr�,si ve nl:�r�^ apnl�^r_:t,7_e_Lo the tio�:r1_= r1a7 ].�__tv the_
' S -- �----=-----,-----. ----- -- __
re >aration of thcir com�irehens�-?'e
� ma;:ii;:iir�l _extent•_,_use countY �' _�__ --_------
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II Sec. 11. [COU;JTIF:S. ] Su.bdi.vision 1. Com?�rehen::ive pla.ns
c� of cc,unLi es sY,a� l conLai.n u� lelst Lhe folloti-rJ_n�;_ �
' 10 ��) Exce�ti for the counLies of Henr _pin anci_Rartisey, a
}� land._use r�l an as _��peci f:i.ed in section S,--�uhdi.vi:si.cn 2 i_for
' �? aIl uninco�n:?rated terri_Lory vrithin the _cou.nty ;_
13 �b�-- � F11bli.c f� ci).i.Lie� p].an ��rhich �ha,ll include al].
' �t� ap�ro>ri_.f:e matters snecified_in s�ection 8� suhcii��i�a_on 3z
� incluci9.n�; a tr�:nscorf;a�ion plan� and a descrint-i.on _of exi.stiri�
15 - -- — - — - .
, 16 and�roj_ectec?. solic3 e!<_ste disposal. 's_it:es and fac�.7.itie:�;
- �7 (�) An itnolementation�r.o�ram, a.s specified in sect;9.or_
� ' l� 8_,_stibdi.visi.onll. .
�g 5ubd. 2. Each county other than Hennepin and Rarns_ey
1 2p shall �repare, with the oarticipation and as_ist.ance, of ti�e
� ~ � ' tY 9 n bhe county �•rhich fai l.�
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2� tovrn, the comprehensi.ve_plan for any to:�rn ivi �. ---
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22 /December 31, 1.975 �o take action by resol.ution pursuant to
23 subdi.vision 2 of sec�;ion 1.O and sha]1. prE_Pare all_or part
2y of any plan de]_e�;ated to i.t pursuant to subclivision 2 of
�5 section 10.
26 Subd. 3. Each counL,y oiher Lk�an Hennepin and Ramsey
2� stiaJ_1 prepare, c�ri.tki Lhc p�.rti.cipaLion atld a�si:�tance ot Lhe
2II to��,n, the cornprehensive plan for each_to��m lvitihin the count,y ,
�J_ ;;ecti.ons lIG2.351
pc� not �lannin�; undcr P•1innr.so�a Stat;uLc :] 97�
3p thrc�uk;h 4C?_.3E�I, or undc_ I=:%P��t11 �8Y1.
3a `s�c. 1�. Csciroor, Dls�r��zc1�s; cnt�i�rnt, zr��rr�ovr•:;-ii�:TIT PrOGfiAP•iS. ]
3� SuLrl I viai on ]. F3Y Jrinu�ry .l_, ].978 cach :,ch�o]. ct t:;tri et
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� J.Y:In{� in ���liolc ar 9n xtrL_t•rithin t:hce metrc��,o13.i`an arca
2:�tirill��r��>rirc nt�d ^uhriit_to Ltic n;cLroric�ljLan counc:i..l_�f'or
3 re��i.c,�ur::_uant: to rection ].�_,^z c��tt_11 imLroverr.ents
1� �?�:r`__�-'--incluc?_LnEL-a_dc�scr:i��ti.on of t;he�rcyl�cted �;o ul<�i;i�t�
� of the d:isLricS;,_facil_i.tv need:s and_ob�ecti��es of'_the distri.ct
(� and_ t;hc _efiect of Lhc pro�;i_a,n on acl�_acc_i�L sci�ool. distr:i.ci:s
l <<nd_ lffected .local.�ov_ernrnenLal units._ �
II Subd. ?_. �,ach=choo7. d:ist;rict shall submiL it's pro;_;ram
� for revie;; and_commerlt to the ].oc<il �overnrnen�.al unit,s l��in�;
10 �-n t•�hole or in�art �•rithin the distY9 ct: at least ni.rie rronLhs
�� �•ior tio th� subm:ission of Lhe_Lro�ratn to Ltie counc:il_. 7'hc
12 ].oca]. �;overnrne?Zt_a]_ ur.i.ts sh�+.1.1 rev�.e�•r Lhe pr�ran and p?�ovide
�3 eomrr�ent:s to_ the school dist;ricts and tiie counci_]. �•rit:hi.n 90
11� day_s on tY�e comr;atibili.t;y of the pro�;ram v:ith Ll�e pr.opo�ed •
� 5 comprehensive plan of t;he local E overr;�ienta]_ unif. .
16 Sttbd. �. i'he_�rot;ra.ms sha.l7. be suUmitted to the_cot.ncil.
],7 afLer considera.tion but_before final. approval oy the €;overning
18 bod� of the distri.ct.
19 Subd. 11. Capi_tal improvement��ro�rarns of sc`iool diJstrict;s
-- — , --- —
20 aclopted prior to the re t�iii_em�nts of �ections to st�all
21 rernain in force and effect unLil amended, repeal.ed, or
2? superceded b,y programs adopted nursuant to sections to _
2� Existin�;_ >r�rams may be amended as a�propr=i.ate ancl ne��r program:
2�� prepared and ado`ted prior to t;he submiss5on to ttie counci_1 of
�5 �ro�;z�ams reaui.red by sec4i.on to Existin�;�ro�;rams
26 m�be used i.n who].e or i.ri part fol]oi�:i.n�; rnodificaLi.on, as
2r necessary�_to saCi�,fy tlie reqtiiremenLs of section� to _
2II Sec. 13. La�•is 19'l5, .Chapter 13, Section 19, is am��nded
?g Lo re�d: �
3p Sec. 19. [�173.175] [COU;ICIL I?I;VIE�J; FLANS; PItOGFtAA1S.1
3�. Snl,ciivi.:;i.rni 1. The coiu�cl.l ::ha].l revicl•: the comj�rclien::ive
3? �lc�n:, o C ci t l c:_, count::1 c: tind Lo�an ;, t;ho capi t Z] in�ovement_
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1 j�rc��;r;ii��^,_c�r _:;ctir,c�l__cli_ t.��lct;__ancl.--::uh:;c�ucnt .itnenclmenL_:� thcre-°-1-
2 Le��<ired 1nd ;>t�t��ni f;tecl pur�:�uant Lo : ect; l.oi�:_ to_ of th:t.�
3 act�_ t_o dctcrm_ine thei.r cor_pa�iba :l.i.t,y, vrit:h each ot:her ancl
1 confor•ri'Ltiv vri.tt� metro�!�J�i_�a.n_�`%��'±���'�-�151"_—Z��le cotincil`ma
� -- ----'---------- —
5 reviear and coti:?n�rlt on the _a��r?a�•c�rit con:�i,st:enc,y of the�laris
� �ncl_ prc�rams �.r ith_ ot;hei�ad�p'_ed _e}ia��t;ers__of_thc_rnet;ronol�_t��n
7 deve]on;nent��_ui-cle_. T:le eoune:i7 rr,aY requ_ire Lhc rnocli.fi.eat=io�i
a.�i l.it� r�r_o ,� am or i� t t;hes°eof to en^ut�e
$ o f _ —�' P '-- - -�- =-'--�-'-= ' ----------- ----
comn�ti`�=i ].5_i,y i•:it-h_other co��nre}�en�:ive plans or conformity .
9 ----------- - —. .— ---------
10 4r1.th metro o7.i.ra.n _�•stem lan ;. ��.ek-P3#��;-��`•���-a�3-ev�i�L�-,
11 �1��-oi°--�a�c-ei-ti:l:=,:ei�-3�-e�-�it}-��:�3-4;�>.e-�ae�io���`t�;a�:-avea;-sh���
�.2 fi�2�ir'.3fi--��-iSic:.-AiE'c3'c:iEji:=:cQt1-COt1HE3:�-i6�-�:':3'7-�%ii:'t=�-CHFii:i:,'71��-c1Flf�
1.3 i'e2E�P�:�2iE��t�i�E'3-c1nP.3'E'EiN-?�S-�.'3'E�r765Pf�-��H�-�e3''r,i-20F�?:'C�}iE.'12fi='JE: .
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.L5 �3Yiir c);iE.'EZ—�)i£i2:;s—•:1i:c:.��—�f.'—:1H�'Fit�`t-eil—i:Ej—Z7-1°-26�iHE7�--E:��E:?'—�it3E.'3:1'
f2j�T�"O�rE:1:-1,��'-�?i�-�3?Q't1I?�:'."i�-@Ei?ilF�1i.`'�E�:Fi22-O�-'i-,�:E.'--}:OCFt�-v6{Jn3'21i:3E.'Ht.i
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1.7 tiH:t--A�:c1-�Ei03'E,'^r�r�'3�-8��3'U'cjft�--�j-`vf:@-�;�•�C'?'i-)�.i1"°-�DEl�r-O�-v:@
,.$ e����-�AY:3"i-9i'-e6:iii��i.--^�yiE-EOt2I3�3�.-3-�k��t?-�-ri���xnaf�'�-stte'r3-�p�-8.?�ti
��-i�s-�' ;-�es-��,-�._:�}�.t�-re-�ez�-�ris�eeL �e�-�i;,��r:e���e�s-o�-€t�e-p�tk�?;:e .-
19 �
2Q Subd. ?_. Wit;tii.n 90 days i'ol_lovain�� recei_pt of a plan�
21 program or amendment prepared in accordance `viLh secti_ons
22 to J of this a.cL, the counc5.l shal7. return a state�nent
�3 conta.ini_ng its comments and required modi.ficat5_ons to the
2t� local �;overnmental uni.t' or school di.stz�ict; . No-�oea�
�5 �eue�xF�iet�� action shall be t;alcen by any �.ocal '�'overnmental
unit or school di�trict to plZCe any such plan, pro�;ram or
26 —
�7 part Lhereof into effect unLil bhe council has returneci the
28 : t11:C'f11E,'il�: to the unit or di str9.ct; and until Lhe unit or
�� di. ;t:ri.ct ha: incorporated Che requ3=red mod:i ficZLi.on� in the
3� p.lan or pro(_ram 99-ela3�s-liave-e�aNr;e�1-a��ea'-��ti-s�iE'tt�1 r;sYc�N
3� �f3-Ii�1Q-C9HHf,'��. Promptl.jl aftcr submi� :9.on, the cauncil
3� "
hall noLify each ciL,y, L-o4m, county, or �pecial dl:: Lrict;
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]. t�ihich inay hc �:�rr��t��cl by tl�e E�lari:, or_pi�aiTr:�r>; :ubr:l:itt;ed, .
2 of Lhc E;cnor�il t�at�trc of the pinnsor �ro��rtim:_, thc dt�.tc of
3 sut,m:i�:Ion, and tiie i.denLity oi' thc subrnitLln� unt.L. Political
t� subclivi � 1.on:� conti.�;uou:, Lo or 4r:i i;hin the sub;,�itt;in�; unit
� shall be iloLified 3_n all case �. l�lj.t;hin 30 days after i°eceipt
�, of such notice any �;overnmental uri:it so noti.fied or the }.oc'v2
� �overninenta.l unit; submatLiri� the plan or=pru�;ram may requcsL
g ihe counci.l to co?�duct a hcarin�; at �•:�i i.cii the sut�rn:ittin� unit
9 or_district and any ot:her �;overnmcntal unit or subdivisi.on
�� may present i.ts vievas. The council may attempL to mediaf;e
11 and resolve differences of opin5.on �-:hich exisi: amon� the
1? particip<�nts in the hear�5_ng i��ith re: pect i:o Lhe plans or
� 3 pronrams subir�i.tted.. If i•rithin 90 days the council i'ails to
1�4 comp].et;e its �aritten corm�ents and recotTiri�enda�i.ons t'rie p�ans
1� or_ ro�;rams sllall be deemed approved and may be placed into
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� ��� ev-a=be�ai,�-ene,
�� effect. Any /ar�end�rent Lo a plan or program subsequ.ent to
�7 the counc_i.l's revieti•r sha?.1 be subm:�ttect to and acLed upcn
�$ by t;he counci.l: in the sarae manner as Lhe ori�inal pi.an. The
�9 wriLten convnents ai3e_-�ee�r�����l�i>�or�e of the counci.l s.iall be
20 filed ti•rith the plan of the local gover;nnent unit at all places
21 vrhere the plarl is required by latia to be Icept on file.
22 Subd. 3. If a local �overnmentaJ. unit or school. district
.23 fails to adopt a comprehens_ive p]an or capit;a7. i.mprovements
21� pro�;ram in accordance SaiLh sections to of this act or
2� if' the council U,y resolution finds t;hat a pl<tn or pro�ram is
2C, not in coriformity wi.th metropolitan s,ystem plarls and t}ie local
�7 p;overnment;zl tm:�t or school di.stri.ct does not adopL �?].an
2II or pro�;r_am with required modi.fi.catl.ons c�rithin the time
?� requ i t�ecl__t>y__..�ci__i on 11I_ of tl-�i_� act z Li�� cot.irici.l m�iy commerice
3� proceedin�;:; t;o enforce the_provj.:i.on:: of :�ections to of
3� thi:; act b,y in,junct.loti, �1ct:lon tci comC.ctc�crCormance, tnand;unu:;
3� or otlic�r .L��ro{�r1<itc lct,:il. action in t;hc di__,Crict c�urt_���t�r_rc
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1 tihc ].ocnl _/�nvcrnrnent:;il� iin[1:_or schov7._clirtr:ict_ :i^ locat.�?d.
2 Subd��I. The cout�c].]. rn;iy revlcer tlie effecL of an�--_�ic.t;9.����
3 bv rt c.ityJ count,y,_ tol•�n or _c,chool. district on thc metz�o1ol.:it-an
tl sysi:ern��].ans anr,t the con>5: tc�nc�_ of the_ acti.on r;�.t:h Lhe
5 corn�reiicri::i�re plrt�ls o�r�oir<lin: ac?opted b,y the cit;y�_couni;Y,_
(� tioi•;n2 or_ci_i_stri_ct__�ur�i.tant_,;o sc_cLi:ons to _ of this act.
� Sec. 111 . '[PL!!D1S IlA]D FROGRl��P�IS;ApOPT1:0id; Ai�iEl�iDi��'ts'11T. ]
$ Subdi.�,�:� � i ori 1.._Facil local govern�����ntal u�1i.t or school district
� shall. ado��t ii:s con��i�ehensive �lan or capi.t�l itenrovements
10 �o�;ram �•�it:Yi reJuired modi_ficat�ons i�i=it:tiir. g reasoi�abl_e L-i.me foll.oi•�iti�
11 receipt of the counci7.'s staLer«:nt; under sec�ion ].3.
1?_ Subd. ?. Amc:nd?nents to p7.an:_or prv�;rams by_local
13 governmenLal un�i.ts or schoo7. di.stricts sha]_1 b� preparecl and �
���. and subm_i.tted iri the sar!e_manner a.�s the, ori�ir�allpla.z� or
15 ro , .ram . '
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�6 Sec. 15. [It•iPLEi�iEDITATTON Ol� PLAiFS. J Suhdivision ]..
17 Eac}i 1'oz:al @;overn�ental uni.t sha].l ado}�t- ofii.cial cocitrols
18 as ciescribed 3.n its adopLecl corlp.rehensive plan and shall submit
19 copies of Lhe off9.ca- 1 control:_to the counc_il ��ri.thin 30
20 days follo��ring adoption there:of� for info,.rmation purposes on7y.
2� Subd. 2. No loca_l ��vernmental uni.t shall adopL any
22 official control or fiscal device or part thereof inconsistent
23 with its co�nprehensi've p].an. The couneil rnay susperld Lhis
?!� requ3.rernenL- p�nd�_n�; arnenclment of Lhe comprehen: ive _p].an if
25 the council determines that immed_i.ate adopt;9.on of Lhe control
2f or device or part thereof is necesslr,y to avo9.d undue hardship
�7 and that tihe adoption ��iill not resu).t in permit,i.i.n�; activ9.i:y
28 inconsi.stent c�rith r.�etropol.it� n>ystem pl� ns.
?� Sut�cl. 3. If an officia.l c�t�trol hecomes i.neonsistent
3� 41I1;}1 1 com�rchcnsivc �lan a:; tt�c, resul� of an amcndm�nt: La Lhc
3� p1���1, thc ofCici.11 c�nLro]. :;h�ll. lic �mrt�dc�l h,y thc ttnit i•t:tY.}�tn a
3� rca:;�n:lhlr: L:im� Cc�l1��•rin�� i.t�c amenclmenL• Lo Lh_ c_j?lan s� a:; to
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]. bc con:::[:.tc»L tail;h th�_?mcncic;d comj�r•chen^1ve E>_i:arl. •
2 Sec. 1G. [COUiJCJ I� I�;U.lI`l'Of{IP1G. ] `t'hc_ cntir�c_i ]._ ancl LYi�_�
3 adv:iso�1y comrn-i_ttec: sh111,_ on a_cont_inu_inF; ba�iss_ mon.i.i;or
h thc �teLiv:i.ty of _loc<il _f;c�vernr.�;er.t,�.l w;it:s anci sehoo.l_ <li:�triets •
j requirc:�d_�ur:_uani;_to _.ection .l5__<ui:l ina.,y rec;u5 rc _a local
� �,ove�_n*nental. uri_i.t er :choo]._d=isLrict; Lo :;ut�mi.t_informlt;i:o��
r deer,��: d nece �sury_b;� the counc:il _to ful f.-i11. i.t � m�nitari.n�-_
Q dti�Y_- . •
c� Sec. 1 j. [PI,AT,dING flSSISl'E�I�:CF; Gr:F+P�`i'S; LOAP�S. ] Suhdivision
1.0 l._ The__courici.l_•hal,l nre�^re and p�,ov:ide advi.:;ory material.�_
11 mode7.�l Z�i__�z�ovi:,ions and off:i.c:i<7. cont.ro7-s , and on the
12 r'ecluest of a Toca.l _.€'overn�_�cnt_�_I unit or school di_str:i.ct *.nay
13 1•o��_i.de ass:i.stance to aecom�li ;h the ur o:�c � of seciio�ls
�'------ ---�-- — �---------'�'—�- ----
�1� _ to ---
�� Subci. 2. _(C�R/INT:� L0;1,�?5. ] Fo7.1o�•:i�consu].ta.i;ion ti;i.t;h
� 6 and_ recor;mc.�ndaLi.on _fr:;m th� aclvisory_ comm7 ttee,_the counc_i.l.
�7 shal]. adooL u�?ii orri c>roeeciure-s for_{;he_ a�:rarcl d� sbur�ernen�:
— --- --- — --- — -- -- -- �---" ----
18 and repayment; of �r,ra`zLs and loans. The uniform_procedures
�g shall i.nclude�r�ov_isions for_�zrtic�_�?t;ion by i;he advisorv �
L� committee in tYie re�ie��t of anp?.ication� for�;ranf;s_ and lo<<n�_
21 a.ncl for enstir•i.r�; saLisfact.or and timel;� com �[_let=ion of _��ojectsL
2? services or activif.ies for v:hi.ch grant_s are, ar;arded. P.ppli-
�3 cation> for_�,ranf;s and loa.ns shall be submi.Lted to the council.
21{ descriUii��; Lhe activi.ties for t-rhich the� �;r�arif: or ]oan fund:
25 rri.l). bc used; the persons i�r}iich the_ �;rantee or t�orr�s�rer
2E plan � to use i_n perforrnin,r; Lhe �;rant contract; �,erv9.ce �
�7 and acLSviti.e � vrhich �•rill t>e p<iid fc,r h,y funds of the t;rantee
2�j or borro;•rer; tii�^ �;rantcc or_ horro�•rer':`need_and abi ] i t,y to
29 p�y for the conLr�ict=��rv�,^.c.^,_Z_and oi.her infc?.rmntion a:% ttie
3� council m1,V �°��::o��1t,l,y r��qri�c;t. Cr�itlt;:: and ]oan:: :hz]1 bc
�� m�tdc �ub,ject Lc� contr�ct:s bcLe�eci� the council anrl t;hc reci.>ient;
j� :`r�cci_f,yln�; Chr, u:c .itul ril^hur:,emrnt of C}ic f�uicl:, ,in�l; r��r
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1 lo;ui;_� Lhc,tcrmn �u�cl c�ncl:f t:1 oi� ; of repati�wc�nL , and othcr
2 a��>r•opr�.atc mattcr;. •
3 Suhd. 3_ [(�I,l1id`!'S. ] Crant:s :;h;il l. not; excec�d 75 �ercent of
j! t}ic LoLal._co�Ye anci ex�,et�;es of the ��rosject_2=erv:ice or
5 activit:y for r:hich a �,ra-nL- is ��i•�tircled. Grani; a���ards shall
6 be ba �ed _on_Lhe recipi ent's demon;;t.raLcd neeci ard ava.i.lable
� f'in?rici.al r•e: ources.
� Subd. !I. [I�OAi�S. ] Loans n�ade hy Lhe council shall car'r•y
9• <'?ri i.nter•est. rat-e not Lo exceed fi��c ner•cerit per anntim and
10 sha.11 be�a�,�able on terms and condit;ion� as the counc37.
17. det:erin:in:s_ap�ro��riat-e. 1do l.oan shal.l be i'or a term in
12 excess of five ,years: Funds rece:ived an Y��a,ymeiit of I.oails
�3 sha].l be used fo�:� additi_onal loans or_�rant;s uncer this sectir.�n.
�Ij Sec. lII. [FYTL�,TSIUPd. ) A loca�rovernrn��n�al ui�i.L or school
1 j disf;ric� rr!ay b;,� re :olution requ�st that the counc=il exten 1 �r�e
16 t1me for fulf�� llin� ir�e re�tiirc,�tents of sect;ions thr��,il
�7 _ Il rent?est for ex.tens=i_�n s}�al.l. be accot�tpa�i_ecl by a
Ig descr•ipti.on of' ttle acti.v.it;ies �revi.ous� under�al�en b,� a 1.ocal
19 ��vern��ental unit or schoo7_ districL in fulfill.ment of the
20 requ:i_rements of sections throu�*n ____, and an explanaf.i.on
21 of the reasons necessitati.n arid ,ju.stif��in� the reau�st. U ori
22 a findin�; of exce ii.ona] ci_rcumstance: or undue hardshi�
�3 the counci.J may� in it:; discret_ion��;ra.ni; by resolut�on a
21� rec�uest for ex�ension and m2.,y att;ach rea:sonable reauirements
25 or conclitions to the extension.
2G Sec. lg. [JUDICIAL REVIF.[•1. ] An,y 7.ocal_�;overnmental unit,
27 school di strict or other F�er>on a�;�;rieved b,y a fi.nal. council.
2B action purruarlt to scct:ion ma,y aF�pc�l] the coi�nci7.
29 actiolz �ur: u�nt to 1�I.inne: ota Statute::, Sect:ton 15.01{2lIZ
30 �5.01125 anQ 15.0�{?G far� contcnt:ccl casc;. 1'hc co�incil, unit,
31 d:f. �C1�9.et or �i:her �er::on af��crJ.evecl by R� rj.1117. prder or
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3?. .1ud�;men1; rendci`ecl on tt��E�e;ll to the cii::Lrict c�nrL tuzy :z��Lenl
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1 Lhc��irf'rom_ Lo_i:hc-==ut,; .,: ,� _ courL l n t;he mannci• 1,rov:idccl _i n
2 ci�l7._ ac:t i_nn:= .
3----Sec. 20. [l:':Ei•ii'T:IOi1 I�P,U;�i LF�'Y LTfdI'1':�.� Pdot.�•t:itY>>tar�.ci:i�nfC
11 Ll�c j'i ov i:^_1 eri�� of tl i nr�� ;ot<�i S�atiit E � z �lecti on_ 2� i._50_ tr�
{� 2• S,�C o,_�_tiny� oti�ier l.:er rulc,_ re�CUlAt:i�on,_or_l:i_r�ance or
J—. �_ _'—____ ___'- _-_—__--__.'__i----
(� Ct1Ct2'i CI'_�.=.'OV I.:S10t1 t:0---tt!�---Ci�T1t:I R7'y7_2_�.ti,`,:_ �-OCc1� _(:�.��'�JCI.'I?Ill°Tlt;Ll.]. 1li17.i:
f pl•.:_C�10 ��....(j �-:..I 1C'i, IP�'.y 1'1ilU'l�:a.��_ 7.f:V`�'_dri�_ b.rlOit',lt,_Il: Ca:;iSc'L2'Y �{:O
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--- Sec. 2}. T�linne�oLa S�atute� :!.9(11, Sectiotl tIC2.3�5, is
10 a.uiendc�� by addin�; a subd:ivision Lo rcad: �
� itran-�_r i�a7_i.t,y i:�
11 Subd._if, [INTFIiIi'�i ORllI_A:t1r10E. 3Y a_ - -_ -.
conduc.t;i.n�r o,, i,l ,00d f�.it•}� i.n�c�ti;'� t.o co�ldu.:;t; , tv.d:i e:� v;itih'.r�
1?_ -- --- �=--- -E- -- -- - ----- — -- -- -- --- -----
c3 T'i.850t1?.1�� C`t:l i'.'.' O] k1�:: Y;C� d_nT P_S ��1E`�l 1� C.i o Yl�c l 1 Yltr_ fOT'
,�3 t.ilf'. �)L:T'UO... E. O_f� C<�il.`�_,t Cli 1"'� It�� i(.U��� l GY"i CT _2�t ��O'�_;^_<< Oi c: C0,1tD -f —
1 - -.— " - - --- ' � � ._(.1 C � 1_O Il � O f _�, [ �� �� _S
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15 h� �`�i ve _�� ��r�_ ar off� c�=�1.. co,��� 07 ._a= _ __ .
---
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16 act c,r i f nr t. terrl tor;: fc._ __ --- - __
t`E'ln BC�.OD��i:i� -iS �11T1c"E:C�.__) �-±_mu..,;_cir 11-1i;'i�. s_r��_f_i7°I,i� �i�_�_VC�!1,Y �
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i;�t orc'.�tlancE, n�7,i.c�,?�'e
18 �f_Lne Iit�, �] C,_i.1'?_lifi�m_,'.,�.au ��% at� -inL i__ ---- --- -- -
19 to a.1.1_or_uart .of_it.:_-�7uL ��_ict ��t�._fo_ tY;e nu, n��_;e_c,f ��x°oLect::n_;
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thc� _la._nnin�;- ��cess a.nd the _he �_?.t.i�_• s�'��f Y---?..t�d w_E1 fa?���_ of
__i. � _ _- ' _- J ' ..
20 ----�- , `Phe �.nLerlm or<l�n�uu c� t�ia.;/ ref;ulai;es_re_�trs.cc
21 i. t:; c i. t i� e t_ s. ----- -- --- ---
22 or proh�bJ.t 2���% u�e o,° dcvelo �^ c�t {�� t.hin the _`_u=r:i_SdS eti.on
for a_period not f;o e;:ccecl one_Y�_tr fI'�m t}Ze d�Le it is_creatcdi
�3 ancl ma�y be reneered fo�_'__one add=i.�ionr7.1 ��ear.
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Sec. 22• [I?�'I'1;C`-�7:V3� DATI';.] This acti i� effecLi.vc on the
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2� d1�fo7llo_�ri.nFr_ i.ts_fi.nal enactment.
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�1/1/75
1 � A bill for an act •
2 relating ta land plannin9 in the metropolitan a:ea;
3 Teqtiiring local a�]option of minimut7i pl<ns an:i
4 controls; pi-ovidiny for limited council revie�v and
5 acce��tance prior to the adoptioii of such piacis and .
6� cuntrols; p:cv;.diny fo: �n advisory� m: tropolit�,ri lar.d
7 planning cornc;iission; providing for tlie en,`.orcement of
.8 adopted local plans ; nci con�rol�; jJrOi71Ci2rig f0: interim
9 zoniiig; inclucling ce� �air_ expense: :ii tlie de*:initiori of
10 special levy; appi•opri�ting mor.ey; Zm�naing A�[ir.neso�a
11 Statutes 1974, Section 467..355, by adding a subdiviszon;
12 .. ameiiding La�vs i975, Chapter 13, Section 19, and by ..
13 adding sections. - � .. �
14 BE TT EI�P.CTED BY THE LEGIST.�1TUh'E OF THE STATE OF MINI�I`r,:OTA:
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SeCtSon ?t. ILF.GISI�ATIVG FI??DII7GS.Ai3U PUP.PGSE.1 �hc . � .
legisantu:e .`:in�s and decJ.ares that.t3:� local qove::�r:ie:!tal. � •
urits ;ti±h�.:� rhe neTrer.�olit.�r. a:ea are hi�hly
inter�int'nTi�LI�4/ th:�c th° r�,�id g, c•�rr; an:3 patt�rr�s o�
uz-b,�iz.�tion ���ithir. �:.`:e aY"« crea*e the i;eed :tor cost?y �
auctitional stz"_e� r.etro�clit<zn and 10��1 PL`b�.�c s:xvices e:n,::
fdC{1�.f�.E� �?Il; �T.CI'Cc��ec? CiA?�ftA_* Of dir c?Tl;i R'cli:C!' j>O1?l�tl�il
and land dest:t!ct�on, •nd t;iat acticr.s by anr, dev�len:�,c�r.ts
in one lor_al Roverr.^�^nt41 t�^it �:°fect r^sident � o� �_t,e
enCSre n�trc�olic� n.�rea. 5±nce r. robl^ras of urh �^? <.�t.i nh -
�dtl<� Ci�?vr1.C`C�i�,E'Tlt t:FiTl`::CTIC� i<?C.?t 'I�Vi'T'�1'l�+h!...�1 h017n•?. I'1.�`� 1"O
sin��lc ur.i: of �,ovrra;ncnt rzn �c1c��u:ztc�}�.��l��n tG^i: �olti:tion
and there is a need for the ado�tion o£ coordlnated p�ans,
pro9ra.r��s and contrels b�� ��11 loca? ro•�tern��ntal u-�lts a�,d
schoal distrScts ±n orrier ta pro*_ecc th_� healch, saiet� ��nd .
1ne�£��re of t}�e : es! deills ot thc het: epo� it��n ..re� and to
ens►i: e ceordf nated, orrierlY and econcnic deve? apment. •�
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2herefore'it is thr_ purpo:e,of sectJ.ons 1 to 13 to (.1)
est�zb).ish requl.rer,�ants a:�d procedures to accorr,p�i�h .
con4>rehensive lccal plal:nl:..; and er.act Ian�i use controls
consistent ,�;ith planned, or�erly and staged de�lelopn:ent ai�d
raetrapo?S.t�� s;�:>ten n_„ns and (2� to t�rovide assistar,ce to
�].ocal rovcrhne7tal. un� ts an:� schoo], distr±cts tieithin the
metronolttan area inr thE' Dj'e� araticn oi P3.ans ard ofilclal.
contro7.s �.f%gronrSate ; or their areas ar�d cons.ister:t �;ith
»a...�:.:'��,� itan�,yste�.�plan�ey ' .
Sec. 2. Lav�s 1�75, Chapter 13, is amended bp acic�ing section
t0 T08d:
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Sec. 144A [473.901) [DEFI�'ITIOIvTS ) Subdivision 1. As used in
secii,ons 2 to 13�the fol'ooviny te�rns shr,ll have the meanin�s qiven them.
• � SUh�. Z. ���;ClV�SOrv mCtT�C`t.Jl.].L�iTl In"lCl llSc^ committe^" OT' ��d��/iSOrv.
comniitt��e" m^�ns an adviso committee estabiished b� th� metre olitan cour.cil
_ ��____ _ �_.�-----
�urst�ant to section 3 of this act. ' . '` .
SuLd. 3. "Ap�t}�able; plannin�i Statuce" means Minnesota StatiitesL
Ser.tions 394.?1 to 394,37 for cot�nties and Minneseta Statutes, Sections
462.351 to 4E2,364 for c�ties and tovails. -.
Subd. 4. "Capital im�rovement Qroaram" or "�c�_r�m" rne�ns an
iten�ized proc�ram for a fi��e ve�r pros�ecti.ve period, subject to at least biennial
revision, settinc� forth the schedule timinq and details of snecific
contemplated ca �p tul ir-,,�rovements bv fiscal vear� toqether with their estimlted
cost, the iustification for each imnrovement, financial. sources, the imp3Ct that'
the improvements will have on the cur_-ent operatinq exnense of the local
�overnrnental unit or school district and other information on c�Pital imnrovemen_s
as m��e pertinent. _ � .
$L'tJCI, S. ��CC�T11piC�'!CI]S1VC �j�p" OT ��i�lclri�� rncansitlC COCCOTf.RC'.nsive ^�
ar. of nach locai qo��err.mental unit prepared and adonted piirsuant to sections
1 to 13 of this �ct an�l1to the extent not inconsist�nt with �ect:ons 1 to 13 of
thi.;; act� as�re,r,,r�d a�1ci aclnLte�i ur^��ant to tlle appifr.ab?r. vlann[nc� �tatute,
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Stibd. 6. •"7.�cal c ovci•nmcnlal unit° or "uni.t" means �ll citie_^,,
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counties and towns l��i� in wt�ole or in par� v,�iUiin ihe metro�olitan arca_
Subd, 7. "Metrc,nolitan :.v�;tem lans" means tlic airt��rts ar.�l deve"lot�metit.
frame�vork cha��ters of the me„ troPglitan deve]oL���ent quide and policy plans,_
development�roc�rams ancl budqCt� an�l rnaster pl�ns of the commi ;sions
operatincLnd_er'this �ct.
Sutxl. 8.�"Of�ic9.a1 controls" or "cor.t?�ols" means ler,islatively defined
and enacti'C� _C�1P.2lZ1CC5 oIi!'1 T'CqU1t:LlOriS C011t=?LIIIIl,� pO17.Cf.GS, prOCCC�i?�!'._`
stand�?-cls� n?ans�conc��ti�ns and oth�r criteri.a �rehic.h control the ptiy_sical
deve]onmenY of � city`towri or county or �ny part thercof or anv detail thercof
and imulement the qeneral obiectives of the cor7or�hensive �lan. Offici�l r.ontrols
ma include orciin�rices establishinq zoninq� subdivision controls, si.te plan �
reqt,lations , sanita~v codes , bu�ldinq codes_ anci officia) mans . �- . •
Subd. 9. "Priv�te se�ver fac�litv" mears a sinql.e lot, multi.nle l.ot or
biher sev�aae collection or treatmert f�cility o�,vned, const�ucted or operated by
�riva.te Ucrson ol entify_ .
Subd. 10. °Fisr.�l devices" means leai�iative o?• administrat_.��e acts_c?A
a local. qovernmental t:nit v:hr.ch influence or control the phvsir,al devel.�rnert •
of a loca) g_.overnmental unii or any�art thereof incl.udin�a the valuation of propertv
pursuant to Iviinnesota Statutes, S�c±ion 273.1]., the desianation of urban and '
rural service districts, pvrsuant to Minnesota Statutes, Section 272.67` and the
establisltment of develo�ment disti-icts pursuant to Minnesota StatutesLSections
477A.01 to 472.13, and any other statutes authorizinq the creation of districts i.n
which the use of tax increment bondin�r is authorized.
Sec. 3. Ja�vs 1975, Chapter 13, is amended by addinq a secti�n
to read: . �
� Sec. 144B. ��373.9031 �ADVISORY COMMITT�E.] The council shall • .
establish an advi:;ory �netropolitan land use comrriittee pursuant to section 4,
co_ mprf•Ced of 16 �fficials of local governrnental units, one from each council
district,_Lts a chairf�crs�n.
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1 Sec. 9. Iav,�s 1975, ChaF,ter 13, is amended by adding a section
2 to read:
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Sec. 144C �473.9��i) �GUIDELINLS.) Tlie cotincil_,__follo_�ainq eon`u,±�jtion
�vith and the receipt of recommendations from the advisorY committee shal] �?r2Lre
atid adopt�idelines anci proce�iures relatinq to tlie reauirement_> and provisions of
52Ct1011S t0 ��/�1�Ctl �V11�_��I'O�_'l.Cl° c,SSiStc�.i'1CC t0 10!'3�. Cj0`✓E?'Ci?T?cP.t�:� Lt1�1}S �I1C1 �
school clistricYs in accomplis}7inq the provisions of sections to ,
Sec. 5. I.av��s 1975, Chapter 13, is amended by adding a.section :
to read:•
Sec. 144D. �A73.90v) �METROPOLITAN SYSTEMS STATEI�4�Ni'.�
Suhdivision 1. B�r April 1, 19?6, the councii �_all transmit to each local uc�vernmerital
unit a metro".oliYan svstf^ms statement. In th�?�FAaration oi metronolitan sy_stem� .
`siatetnents�the counc,il shall consi�?.t v�ith an��ropriate commissions, cf.ficials '
of tl�e unit and i.he advis�commi�tee. The statement snall contain infornlati�n
rela*_iriq to tne u?iit �na ap7;op�iate st.noundinq territorv that the cotincil
d�:�ermines neces �ar� for the unit to consider in prenarina its compre}iensive
ptsn�_ ir.c?udin�he_fc?lowin7�__
Subd, ?.. The tir.mi.nc�ch�racter, fu.iction�locatior., proiected ca.�?aci�
and condi+_ions on use_, for exist�nq or planned metroLolit3n�ublic fac_i.?ities1 as_
specified in metropolitan svstem ans�
These cl�aracteristics shail also be specified for state and federal
�ublic facilities to the extent known to the courcil;
Subd. 3, population, emnloyment and housinq need pmiections which
h?ve been used bv the council as a k?asis for its metronolitan svstems �lans�
Subd. 4. �PROCEDURE.] Local nove?�nmental units and school distr�cts
shall be rec�uired to consider in th�ir initial comprehensive plans or capita3_
i�rovement proqrams �ubmitted to the cotmcil a_n�amendments or modifications to
m^*ropo�ttan svstem ni_<�ns wi�irh �;�ere.made by the cour.ci! and tr�.t:,r_i_tted to thc_
local �vet-nmen±al unit or schocl c:istrict prior to Tunuarv 1, 1977. Tnereafter. w:thin
ni;�e rnonth�_af.ier receivinq an amcndment to a metro olit3n svstem plan, each affected
local.2�e?•_nment ;l_�init c:r school clistrict sh ;ll revieU� its r_.oinx�reh<�nsive nl�an nr e�?1tal
imnrov�m�nt ro r� rr to c�c_crm±�i^ if z�n a,im^n�tT��r�t i5 n_ces.`�rv to oTlCt1I�F! ccn+._r�n:,�l
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1 con[oriiiily ti�ith mctr��oli[nn syst_c:m ��iri______If an amc:n�imcnt i:; necess;iry, tlie .
2 _qovernrurntal unil or_�choo!►:!i.: trict sh�ill_pi�cp:irc. thc c�mcncinicnt ancl stth�uit it to
3 •the council for revic��a ��urs��ant lo section 11 _� � . � •
�1 Subd . 5. The metrorsolit��n systems•• st_atemcnt shall sFiecifv_ any part� of
S the land us�lanL public facilities��lan, or in��plementation Alan which m� b�
6 excluded from the comprchensive pi�n of the local qovernmental unit. The
7 e�:clusion of. z�arts shall be b�seci on the naturc and character of existi�nc_and
- 8 proiected develci�n�nt_�nithin e�ch locai�o<<err�m�nt�l unit and on��licieS,, ,
9 statement� acid recomr.�etldations contai.�leci in metrouo.li�an s�sie�n nlaris._
• 10 . Sec. 6. Laws 1975, Chapter 13, is amendecl by adding a section
11 to read:
12 Sec. 144F. �473.908] �COMPREHENSIVF. PL�1N.) Subciiv_ision 1_�Vithin
13 t��:o vears foll�w�in� the receipt of the rnetroaol;�nn s stem statement, every lc>_r_al
14 "�overnrnentaJ. tm;t sh�ll have Ur�ared in accordance with sec±ions l to 13 0` th?s aci
15 and the a olic—ble z�lanninq st�tute a comp~ehensive �lan for al? lands «�ith�n_i1s
16 �t�ri�dir.tion through ] ��'Q o?- throuctn anv�ear there� iter �vhich is evenl�>> ciivisible
_ 17 b� five .
1E Subd. 2. The co:�,prel�ensive plan shaJ.l be a staten,en� in_words, ma�::,
Ig . iilustrat!ons, or other forrn_ seti:i.nq forth obiecti�tes, po1_icies, stanclards and
Zp proqrams to2i.de public and private land use� develo��r�ent, redevelo�ment ann
Z� preservatior. �ti>ithi.n its iurisdiction. Each cor!?nrehensive plan shall specif�
22 exp�ctecl industri�l and comnlerci.al develonmerit, olanned popu]ation distribu�io?�
23 loc�l public facil_ity c�r��cities uF.on �vhich the�lan is basecl and a discussion_ �
24 of the use of the Aui�lic facilities�ecif.ied in the metro�olitan svstem statemeiit'
� 25 and on tlle effect of the plan on adj�cent local qovernmental units and affected
Zs school districts. �
27 Subd. 3. �IAND USE PI,F�N.] A land use plan shall desiqn�te the existina
28 � and pronosed location, intensity and extent of use of land anc3 w�ter for aqrictiltural,
29 residential, commercial, indti,tri�l iiscs anci othrr pi�blic and private purposes or .
30 anv combination of such uses, The plan shall also contain a nrotection element
31 coverinq, as apt�ropriate, hiGtoric sites aml the matters listed in serYi�n 7.£3.
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SubQ, 4. (PUBLIC FI�CIIITIES PIl1N.� A nttblic facilities�lan shall de;:crit.e
thc location_Ltiminq, sea!±,nce� use and canaci.tv of existinc�and future public
facilities of the local qo��_:rnment��l unit. The plan shall contain at least the .
follov�inc� parts� . •
Suhd. 5. �1 trans�ortation�lan describ?rq, desinnati�lg_anc? sched��linn
the location, extent, funr.tion ard caoacitv of er.isting and t�ro�osed nublic �nd
private transUOrtaiion services and facilities; . ,
Subd, 6._A eor.inrehnnsive sewer nlan desicnatinct and scheduli.r.c� the
areas to be sewere�i bv the puhlic svstem and existir.a and planned ca�acities
of the T�llblic svstem. th� star.dards and condit?ons uncler v:>nictl the insta113tien oi
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private se_v,�er svstems v�=ill be permi.tted, and to the extent�racticable, areas �
not st�ziable _or publ�c or pr�vate svstems b�caus� of ptiblic health, safetv and
�velfare coiis�ce°::±ions_;__
Subd. 7. A_par�:s an3 onen sUace Dlan desia�Gtir.a e.�cisti.ncL�nd p*euosect
parks.and recreation onen _sp•__r,es within the �urisdict?�n;
Subd. 8. �IMPLEA4ENTtilIOI�T PkOGRAM,� Tlie imolement�tion �rec;rlm
shail descriae public procrrarr�s`fisc �l devices and other sp�cific actions to be
.
underte�ken in stuted seaucnoe to in?nlement tile comprehensive �lan. The n�o �a-�?
shall. contain at least: a descri tion of and the scheclule for prenaration, udoptio�_
and administrat�on of of.tici.al contro?s �vhich wi1l affect the fulfi!lment of the
comnrehensive plan and ensure conformitv with metropolitan svstem plans,
incl.udincr, at least, controls reqardinq zoninR, subdiv�sion; and nrivate sesve:
svstems and a capital imUrovements proaram for transportation, se�vers, oarks
an_ d o�2n s,pace facilities .
Subd. 9. Th�lans of local qoverrimental units shall desiqnate, when
apU:o"�.~i�te, five vear ur!�!; rizatiotl _ i�c�s,Gp�:i.�� !he tirnina �nd Ce�r:i�iice.�f
ma er local nuhlic facilities for th� areas in their_five vear cac�ital imz�rovemcnt
proqram, anc? of.fi_c-.ia1 contxols ���hich vrill ensur� that urbanizatian orcurs anlv �
in urbinizati�n ��e::^ an�i itt �c'COTCi�T1Cc-: ��ith titn lp an•
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S�ib�{. 1�• Cc�niLrr�lic•n:_i��c T>]r�n� _r.�1�it��1 im��ri����•�nc�7t ►�rcu�r�ims,_�ewcr ,
�]i_r,y��l_ins ancl c;fficizl r�%�lrr�ls of loca] qov_crnnic>>tal unil � ad���ted �iriur tn the
.re uirements of scctions tci shall remain in forr.c and effcr.l untit �mended,,_
repealed or suncrceded by plans or controls adonted_ n��.i_suant to sections to
Existin�c comj�re}�ensi.vc��lans, capital in�ovemcmt pr�r�ms sc�vE.i• poliry plans�
and official controls ma� he amended as ��pproqriate and new capital imnrovements
procLrams and official controls m�v be prepared anci adopted prior to the submission
to the council of compreliensive lans and capitai_i�rovements �roqrams
rectt�ircd bv secti�n� to : xistin l�ns and of:`ici�] controls rnay be utilized
in v�hole or in gart follocvirnLnodiiicati�n as necessarv, to satis�he
requiremer.ts of sections to The comnrehensive gl�n recui;�,d b�� sections to
mav cortain all additi.onal matter which mav be inciuded �n a r,omprehensi��e
,plan of the app)irabl_e local c�cvern*nental unit oursu�nt to the appiicabie
planninc; s�atute, . . �
Subct. 11, �Local c�overnmental.uni_ts shall submit their oroposed pl.zns to
d�]iiC2i.� pV�iliI;:-?T7±c�1 ll^l.tS �T:Ci af�ected SC�100�. C17.£t?':C�3 fCi ieJ1E.'�'J dI1Ci CO;T1:71P.':`?t
- _�_—_.__� .
at least six months prior to submissi.on of the plan to the council and sht_]1 suhr:?it
copi.es to them on the su�rn�ssion ef t1_ie pIan to the counc;.l.
Sec, 7. I,aws 1975, Chapter 13, is amended by adclinq a seciion
to read:
Sec. 144F. �473.910) �CITIES AIv'D TOVJNS.) Except as prcvic?ed 'zn the
metr000litan svstems statement, comprehensive.pl.ans of cities and to�vns shall
include all oi the items inclucied in section 6. •
Sec. 8. Laws 1975, Chapter 13, is amended by adding a section
to read:
� Sec. 144G. �473.912� �COUNTIES.� Subdivision 1. Comprehensive
plans of countics sh�ll cont�in at least tl�e followi.nc7:
Subd. 2. (a) I:xcept for the counties of FIennepin and Rzmsey, a land t�se
plan as snecified in scction 6, subdivision 3, for all tmincorporated territorv within
the county and for anv city or tawn which h<�s deleRated the prenlratton^ to the county;_
7—
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(b) A oublic facilities plan which describes the fwiction, location,_ ,
timinct , use and rap�citv of exi ;tinq a?�d future public facilities of the county�_
includinct a transport��t:on Dlan as suecified in rection 6, subdivision S. The
plans of each countv shall also contain a description of exis±inc� and Uroiected
solid waste dis�os�il si.tes and iacilities;
. c An im lc_meriztion T�roc�ram, «s s ec?fied in section 6�subdivision S.
Sec. 9. Lavrs 1975, Chapter 13, is amended by adding a section �
to read: .
Sec. 144H, j473.914� �SCHOOL DISTRICTS.� Suhdivision 1. Bv
januarv 1, 1978, ear.h school district lyina in vJhcle or in part v.�ithiil the
metronoli�an area sh�ll :�rep�re an�.' submit to the metronolitan council, for review� .
vursuant io section , a caz�ital improvements proctram. includinq a descri tion
� —
of the pro'�ected po�ulaifon of the district, flciLty needs and ob'e] Cilves of. the
di.strict an:l the effect of the procrram on zdiacent school distr:cts and affected local
4QVe^nmental u�lits. The plans shall be revievved and amended as r�auirzcl b�
sections and
Subd. ?_. F,3ch school district shall submit its proaram for review and •.
. comment to 7he local_ rovernment�l units lyincLin whol� or in pzrt wii:hin the
district �t least nine r;on``hs prior to the submission of ttle qroaram to tlie council.
The locaJ. governmental units shall revieva the proctr-am and provide comments to
the school clistricts and council vaithin 90 days on its comoatibility with the
propc�sed comarehensive plan of the local aoveriimental unit. .
Sec. 10. Laws 1975, Chapter 13, is amended by adding a section •
to read;
25 Sec. 144I. �473.9147 �ELECTION.I
26 Subdivision 1. By December 31, 1975, each tov�n
2y exercizinct the powers of a city under Miilnesota Statutes Section , wit}lin th=
28 cot��tie� of Ano;:a, C��%er, D,l:��c: , Scott and ���ash�rat��n sh� 1_ 1 F�y r�so?ution
29 determine whether it v��ill nrenarc� thc comnrehensive nlan for iCs 1u?-isdi.�tion�� nd
30 shall snecifv �^•hich oarts of its �lan and ���hir,h offici.al controls, if rnv`pur:;uant
31 Yo aryreement with tt�e county :�,_ill be nren�re�] Uv th� county within whtch it 1.;
-8-
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sittl�ited. 7'ov�.mr, wiiliin cc.>tmties which h�lve adoptecl c�m�L,rc:l�ensivc, t�lans
a�pli.r.able to thc town sl�all t� the maximtim c�lcnt, utilize count��reparatioil_
of theii• comprehensi.v� ��lans. /1 coutitv shal�repare ihe cnmpretiensive plan for
anv to�vn v�ithin the courity w1li.ch fails to ta}:c �ction by December 31, 1975, oi_
shall prcrare all or part of the plan purstiant to the deleqation cont�ined iii the
resolution. Counties nr�arinq �11 or part of a comprehensive Ulan for a town ma�
c}larq@ t11E COStS anCi e7<j.-�CnSes for p�8n prClnc�rcltiUn to t�le tO�vtt anCi ma}' dpply f01'
c�rants and ]oans pursuant to section .on behalf of the towns. Countics Qre�=inc� •
plans for se��^rzl conticiii�us or otherwise similar towns m�v combine tile to�n_n nlans,__
10 Sec. 11 ,�r,�s l�,innesota 19%5, Chaptcr 13, Sec�ion 1.9, is amended
.1i to read:
12 Sec. 19. [4%3.175) �COUI�TCIL REVIEVJ; COMPf:EHENSNE PL��IS.)
13 , Subciivision 1. The counc,ii_ shall revie�nr the coinpre�ensive lans of local
�14. aovernrnenta?_units an� the capital irnnro��emeri` proarams of sc!-iool di�tricts e,_r.d
15 su;�seauen± amend.ments thereto to d�te.rmine their compatibilitv vrith ezr.h other.
t; and conformity �vith m_tm��olitan_s� stem plans_ The council mav review and
17 comrr!^n� qn_th2_ anParent comnli�nr,e o? tI?e nlans an�ocL_ms r�ith other adc�ted
18 chanters of the metror�oli��n develoz�ment nuide. The council mtiv reau�re the
19 moc�if?cation oi a�.�nn�._���rem�_ or��rt the�ecf sol.ely to ensure
Z� COT:I��±Y.).�il�i.t�' V•/liYl OihE.'I;C?Il'1DI'@�':°ri5IVE?��?hS or_confo.mi�tvi.th P.?C'iT'C_���Z].t3R
21 � s�s*_em nlans. -£-se�rei�-j�;_-i°ow.�,--ii�ti.°�Lu�ttp-�-H-cn,.ee:t ez`--va?3-i-e?ri-�-��L,-rirr�I.�--
22 nt�rci�crl-it�rtr�ee �'3�'itl-'1'�'3-Lt�3iT1Y� �ii •i�;E-i't"teii'O�J0�3�'cjiYCCjti?lf;f�-�{iP-H,�ii-tiErl-�t3T7f1T�1Z1
23 a�e�-��ec�or,:sj�er�ele�^-on-�lret�c-�rr-ifis-pr;��-,��ec�--�ez3;-�trr;r�r�jrel�ens:-�e--��-�:�-,-
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i�cltr.}ir,�-1�t:� xeE--�i.^.j'r:'f.'fl-�CY-jl�ftfi3-iJ:'��atr_=1-use: The plans and pro�r�ms shail
be suhmitled ta the cot!nr.il follo���in�approval by the pl�nnin�comrrlission and
after consideration hy but befc�re final anf�roval of the c7overninR bod�J Ut the
un?t or district. -i�i��3zc��c�-.,e�-•�at�s-s���-l�e-s�t�tn-i�Ee:i-�o-t�e-eat�Hei3-a€ter
�kzs4?-�a���o;�-a-1-b}�-t#��-gk_a�?� eo;i:ir�i:�.riorre� #:�e-3ort-��-csti�:.-r�i�c-�t-ttf3it .
a: �d-bo�,^.-�i xa-?- -�.-�_�� a� -Y�}-�ke -no�-���<f -�i;=- Q€ -t�e-ei-t� ; -�c+vr� -c+i--eett�t�-.
�he-ca���4?-s}���1--�:a�s�tai�-s�+cl��-��a�.�-�:r-��.r•��1��-a�i?a�e-£�-�33s�e;ic»-- .
�;�-�a�-��'� :��s-a�ths �:t�:3��?rir P7o local gove:nment action shall be taken
to place any such plan_,_procr�tn or part thereof into eifect until th� council has_
returned tlie statemrnt to the local crovernmental unit and �until the unit or '•
- district has incorpora±ed the rectuired ma:lificatioi.� in the plan o* pro�ram �
99-d�s--�!v�e-eii,��:z-�_ler-i�:�-su}�r.iissi.�•ts-;:�rc: eatziie�-1 . Promptly after
submissien, the council shall notify each city, town, county, or special
distrzct which map be ai,`ected by the plans o•r proar�ims submitted, of the
ger.erz2 n?tu�e of the plan or Ur<>a,_rarns , th� uate of submission, and t'rie identity
of the sub*n?ttinc� unit. Political subdivisions contiguous to the submitting unit
srali be notiiied in a11_ cases: �1Tithin 30 days after receipt of such notice any
governm�ntal unit so notified or the local governmental unit submitting the plan
may request the council to conduct a hearing at which the submitting unit and any
other governmental unit or subdivision may present its views. The council may
atte'mpt to mediate and resolve differences of opinion which exist among the
participar2ts in the hearing v�ith respec$ to the plans submitted. If within 90
days the council fails to complete its written comments and recommendations the
plans shall be deemed approved and may be placed into effect. Any amendment
to a plan subsequent to the council's reviev� shall be submitted to and acted upon
by the councii_ in the same manner as the original plan. •�'he-v�ri-z�t��-�rmnenEs--e-n�-
pee�ri�err,-krEior�-4€-t�re-es�ae �-� ska �-1-�e -ff �ec,--�v-'rt�-t��-�i�r� �f-t-�re- ioc���-e�everr: ine fl�
ur�'r� e� -ai.�•�laee�-jr�Hcr� -��e--�k7:ris3ec;a'xi•�.�1-}�p kr�m-Ee-be• :-e�-c.r��'r�e�:-
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Sut�d. 2. yVithin 90 clay�, followin _reccipt of a plan ro�7c_ram or
amendment pr�red in e.ccordance with scction , sut�division
the r.otulcil shall return a statement c�ntainincr its comments and required
modific��tions to the local qovernmental ui�it or scllool district. E�ch local
governrncnt��l unit or schocil district shal] ac?opt its comprchensive�lan or cat?ita1.
improvements�ro�cram with reauir�d modifie�tions�ithin 90 davs f.ollovring_
rreCei�?t of the counci.l's statement und-�r �ubdi�>;sion ?._
S
Sut�dq�4M��7f a^local_��overi�r��enta?^u�itYorµschool
� g ais�rict�iai.].s tcWadopt.�aryco-�:�rehMnsive�gl��n�orTcanita]. :
10 ���'rove�Meni:s �ror_,ran�in accord<:nceM_r?ith sectio^Y 1 to_13,m�r ; _
11 if ti��e council.�by`i�eso7.�=ti.en^£{�n�:sryttt'�t •a plan arMprcg«�'1 Ms .
.12 •npt in conf_o�r.rrityMtJ'i�h netropoiitw�n systemMplr_�s, ar.d the
13 ���a� a�'verrr�enta�Nuc�it o: smhooi ctist,Yict�does not_�de7t a
1� P�,anNor�p±-oqram�ri.ttiYrequired modS.firati.ons';y:ithin_th?^ti�N
, section 6 , tne council m�v commence �roceedincs to erforce
15 re�xL.i�er� },�--�> > ---�---!
• 16 the Qrovisi�ns of sectiorr> to bv iniunction�action to com lp ete ner;ormunce�
17 mand;imus or other an.�roz�riate len�.l._action in the di.stri.ct court wl:ere the
28 . local crov_e.:unental unit or schoo] aistri_ct is located. The court shai] orc3er the
19 aCiOp:ion oof z nlan_procLr�m or part thereof in accordance �vith secti.ons to and^
20 as ner.essar�t_o ensure confo:•mitv'�ith inetropol.itan svstem pl�ns_
21 Sec. 12. Laws 1975, Cha�ter 13, is amended by adding a section
22
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to read: • `•
Sec. 144J. ��173.917) �CONSISTENCY OF OFFICIAL CONTKOLS WITH
COMPF2EHF.NSIVE PI.FINS.� Suhdivision 1. Each loc�l qovernrnenYal unit sh�ill adopt �
officiat rontrols a� described in itG �dopted comnrehensive plan and shall submit
aoUies c+f the offir,izl cortrol� to thc cauncil �vithin ten davs followinc-� adoption ther2of.
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Subd`2_No ]o,z�l�overnmental unit sh�l1 adopt �ny official control or
fiscal device or naI-t the�F�,%inconsisterit with its comnrehensive�n. The
council rnav susnend this rec tt �iremc�nt�endincLarnendment of the con�rehensive
plan if the council deternlin^s that immediate �cl�tion of the off.icial control
or �,�i-t th�reof is necess�:ry to avo�d unclue }iardsh� and th�t the adop±ion �^.=il.l
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not re�ult in permittino_activitv inr.on�istent witl�i me�r�o7itan system Ians_�
Subd. 3. If an official control becomes inconsistent with a com�rehensive
plan as the restilt of an a�nendment to the plan, *he" official. control shzall be
amende�I Nrithin 9p da s iollo:�inq ti,e amenclrnent to the an so as to be
consisten� with the amet?de<l comnreY:ensive olan.
� Subd. 4. Upon its own i�ii+_f�tive, tiF�on the request of an affcc�ed ,
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aovet�nmentul t_ni.t�cl?ool district,Lor rnetro�o]itan comm:ssion or upon the
Petition of 3 000 resi?ents of t�ie metro olitan are� the COU?IC11 .*flc,t' reviev�> the �
_ _ _'_"_ L__� � _L_ �L�-� ___ .___
effec� of any_?ction b�a local qovernmental unit or school district on tlte .
me±ryr�olitan s��ster?m Dlans and the consistenc _ of the action vrith the adol�ted_
cor:z�rehFnsive ��lan, caoital imnroven;ents proc;ra.m or o`iic:i�,l control. .
Subd. 5�. �MONITORING.� The council and the advisory com:nittee shall_,_
on a continuinc�basisJ_mor.itor the ar.ti.vitv oi local }overnmental units and
school di:stricts reauir�d pursuant to this section and m�re:ruire a loc-sl
qovernm�ntal unit or schooi district to submit information deemed necessarv by
the council to fulfii_1 its monitorinct dut_�
Sec. 13. La��s 1975, Chapter 13, is amended by adding a section
to read:
Sec. 144K. [473.921) [PLANNING �1SSISTANCE, LOANS, GRANTS.]
Sul�division 1. On the reauest of a local crovernm�ntal unit or school district, the
counczl shall rovide assistance to �ccomplish the requirernen� s of sections 1 to 13.
It shall assernhle Znd p:OV_ide ad��isoiv materi�ils anci prenare model nl ;n nmvisions_;^:?
of.ficial controls to assist in accomplishinc7 thc nrovisions of sections 1 to 13.
Subd. ?.. The council shall establish a�l<<nninq assistan_r.c�fund as a
s��rate bo�l:kceninq ��r.count in its �jencrnl fun:? f�r the tn��e�se of m��};inry�r,rants
1TlC�_�C�lll� i0 �Gi:1t ftC�V%•I•t:�".n(lF%`) ltfl�i.;?.PCj SCtlO^�_(�1Sfi1Ci ; U:ir)CC if11S F_^.^..ff�l!l�,
�`}'}�i Cil11�IC:11 "i}lrrlj (�iil.�cyl'1"' COI `:ll���`.�':7� V;lii1 i-lfi�l )'; trlT[��t,�� il �
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resvltii.io_Z a re��uest for extension anri m� �ittach i�'cl,^..OI1clI)Ia reruire.:,�:nts ur
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condit;oiis to lh�.._e�:tni��i.-�t� __ .
Sec. 15. La�vs 2!1;5, Chapter 13, is amended by acidiiig a sect�on to read:
Sec. 1�I�:A4. (�ii3.97ii) tJUDIC�L kEVIl\tiJ.) ��]^ocal�c o��ernmertal unit ,
�ct�ool di_,trict �r �!hrr persai? ar.c�riev_eci by a fi.n;zl counr.ii aciion�,uri.ua_r�i ta
S�G'C�10?l I G Illl�'_ u.t::_}:`�c �_iJ_c CC�'ti'iCil d�tiqIl ptlr5Uf1]?F t_O '`�,I]_„P.r_SC?i4 SYBiIliCSJ--SECi1J1'_S_.
15_0�?.:, IS,�,�S �.nd;l� _0�17_6_for c��n_csteci cas<_s. '�'liU rouncil, unit ci?�-t*ict
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distt�ict cour�_n?:}� a_1�e:i1 t1 �?efro: � to tl�e su,r,reme cot?r-t in thc manner i>>ovi:�ed
in civil•��ctior,�.
Sec. 16. La;vs ?9%S, Chapterl3, is �mend��� Ly aldin� a sec�i.cn lo read:
Sec. 14,3�`. [473.92: 1 [EXEI�IPTICI�T PRO\� I.�'VY LI\•iIi'S.) IVo't�;�f_i(?si_�t=,uit��
t}lE:.�:�_J1.S;nRS O�_�`�1I1^`SOt�ct ri??LitE�S,_:CGi.I.C�Il__?%.�i.5� t0 ��:.�G Or CT"iV Ot�iE.l" �FiW1 .
Il.i)r_•�iE?�l;^I='t`�-)`"�-=--``�':'<;i.P.�jI2CE) OY_C�?3l'iE'.P 7J:OV1._J].OTl to_the con;ra:-Yl u21�0�^.G�... �
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to cor_r.:,ly �•�ith_ti�r_,r.:c�,•is�.ons of s2ct_�n5_1 to 17._ .
Sec. i7. .I�S�r.n�sota �*_Gtutes 1974, Section •"v2.365, is ar.�en�ed b}-
ac.�di��g a suadivi�icn to r�ad:
• Su}�d;_4. �iT�TERIi�� O;t7INA;�'CF.� Tf a mu_nic;nality_is rOI1C�_�Ctir__s_o__ ir_� ,o__�ci
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CLOVCl'71;riCt �Ou�� OiiY!P._TIILl?11G]LLJiilttY l;lc�' cC�___O�t clll interiin ordin�nce 8�?�tCc_':?_C t0 311_
Cil�c Yi:_O{ liS�liCl.�:��)C�1C!Tl i0I t'f!E=LLil"pOSr: Of�?'OtE'.Ct?.11.'1 ii1:: ^]2:?1*11i1��OC`SS c IIC� CI1_
hea1t11, safe.tp a���d <<rc.Ifare of �ts citir^r.s. TY�e interir.i ordi�latzce may regulate,
res�ri_c� or pi^oti;��it a�•� use o_r de��elor,:r.er?i v�i�}iin.tli_ e j_urisdici:o?: f�r ��.ri_r.d not
tc �xcee.�3 one y_ear `rom *hc> 1�te it is ere�ted�anr_', maY bP rene�_•ed :or on�_
aaa;_i.onal�ar.
Sec. 18. lAi?PROPRL�ITION. ] Tt7ere is a�nr�riat�-:d_ to the rnetr��titan `
counril the_ si�;r of �250�000 frorn the. c�enr:ral fund to be crec�itecl to the ��]-.-,nnin�
�ssi.�±�, cc fund �r�aiecl in �:,ct?o:l
.SG'r, I9, tl_P.1H�_S �Ili` C�?RiBY_i �?'1'�1� 3i(.'.S Ot:lE:!1^_1S2,� C@t^Y2IlCc?S t0 SCCtI.Oil
Tu�r:b: �_ i_r_tnis`ict r:�fe .� �� apt�=.r 13.
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Sec. 20. �i:.^FEC'i1VE I):�TF.) ;his act is eff.ecttve oii t'rie day follo,r.ing
it^, fin�l enactmr-.n?:.
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CITY OF FRIDLEY
MEMORANDUM
T0: NASIM M. QURESHI, CITY MANAGER
FROM: MARUIN C. BRUNSELL, ASST. CITY MGR.iFIN. DIR.
SUBJECT: SENATE FILE 1011 - LOCAL GOVERNMENT AIDS
DATE: APRIL 8, 1975
Senator Coleman has introduced a bill, a summary which
is attached hereto, regarding local government aid. We
do not have any figures as to how the bill will affect
Fridley, and other suburban communities. However, at
first glance it would appear that the bill is designed
to help the central citites of Minneapolis and St. Paul
at the expense of the suburbs. There will be a hearing
on this bill sometime on Monday, the 14th of April.
This will could have a substantial impact on a City such
as Fridley.
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responsibilities under the environmental
impact statement provisions of the
Environmental Policy Act. It is not
clear whether the texm governmental
agency includes local governmental
unfts.
Solid waste manapement financing.
.F. 113 Ulhoft would authorize
the financing of solid waste collectzon,
disposal and recycling facilities
thraugh the 1�funi�ipal Industrial
Tkvelopment Act. The bill would also
araend that aet to provide tha�t in any
case in which a project involves the
collectior., disposal or recycling
of solid rrastes in connection with a
revenue producing enterprise or
combination of t:ro or more such
enterprises engaged or to be engaged
in any business or industry, the
Municipal Industri� . Development Act
would apply to counties as well as
cities.
Drainage criieria. S.F. 1021 (Baldy
Hansen would delete the requirements
in the public drainage code relating
to the necessity to meet drainage
criteria standards. The bill also
repeals the la�v suthorizin�. the
Department of Natur.al Resources to
promulgate drainage criteria.
County solid waste rants-in-aid
ro ram. S.F. 103 Moe would permit
the Pollution Control Agency, within
the limits of available appropriations,
to make or contract to make grants-� n-
aid to a county board or combination
of county boards in the eighty county
outstate area, to provide assistance
for ihe implementation of the provi-
sions of the County. Solid Waste Manage-
ment Act involving conducting a solid
waste manager.ient program, including
acquisition of property, constxuction
and operation of facilities, management
and service contracts, and development
of plans. The Pollution Control
Agency would promulgate rules for the
administration of grants authorized
by the bill which would include as
a minimwn: procedures for grant appli-
cation, conditions and procedures for
the administration of grants, criteria
of �eligibility for grants, procedures
far review of grant applications by
the Regional I� velopment Commissions,
and other matters as the agency may
find necessary for the proper adminis-
tration of the grant program.
Clrant applications would De required
to be consistent with an agency-�pproved
aounty salid �vaste management plan.
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Grant;in-aid p�}rments made by the
Pall.ution Control l�ency pursuant
to this bill could not exceed SOq
of the total costs of the project or
program funded. The bill appropriates
$2 million for the biennium for the
purpose of carrying out the provisions
of the act.
FINA23CE AND REVENUE �
Loca1 overnment aids. S.F. 1011
Coleman would repeal the existing'
law relating to local government
aid and substitute for it the
following. . '
The state would distribute $36.50
for each person residing in the state
for each of the calendar years 1976
and 1977 to taxing authorities,
except school districts, with authority
to tax property in the state.
If the aid a county government receives
in 1975, beiore adjustments for prior
year aid payments, is graater than the
amocmt the county levied for costs
in 1975 for.aid to families with
dependent children, emergency assistance
to rieec�y families with cliildren under
21, medical assistance, general assistance
and Minnesota supplemental payments to
recipients 6f supplemental security
income, it sha11 receive an amount
e:}ual to the difference, in 1976 and
1977.
Each taxing authcrity in each county,
other than the county, the school
districts and the cities and towns
shall receive a.n 1976 and 1977 a
distribution equal to the distribution
it Nas entitled to receive in 1971
pursuant to the 1969 law relating
to reimbursement for exempt personal
property.
The balance of the distributions in
1976 pursuant to the second paragraph
of this s wmnary �vould be distributed
to each of the cities and totivrts in the
proportion that the product of the
city's or town's 1970 federal census
population times its mill rate payable
in 1975 times its city or town 1971,
aggregate sales ratio as determined
by the Commis�ioner of Revenue bears
to the sur� of the product of that
calculaiion for a11 cities and towns
in the state. The balance of the
distributions in 1977 pursuant to the
second paragraph of this su�mnary
would be distributed to each o£ the
cities and towns in the proportion
that the product of the city's or
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tovm's 1970 federal census population'''' ���
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times its city or town 1975 ag�regate
sales ratio fls determined by �the
Commissioner of Revenue bears to
the sura of the product of that
calculation for all cities and towns.
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If the amount distributed to a city
or town pursuant to the previous
paragraph is less than the aids the
city or to�m received in 1976, befare
adjustments for prior year aid pay-
ments, the amount distributed to it
shall be raised to the amount the
city or to�m received in 1975, before
adjustments for prior year aid pay-
ments, and the distributions to the
other cities and to�vns would be
proportionally reduced as necessary
to supply the difference.
Additional levies beyond limits in
instances of reduced assessed valuations.
S.F. 1084 Anderson tivould amend the
current law relating to permitted
additional tax levies in cases wk�ere
the assessed value of property has
been reduced after taxes for the
year have been �pread. Where the
assessed valuations have been reduced
by court proceedings, by the Commissioner
of Revenue, or by county boards, for
homestead property improperly classi-
fie� as non-homestead, the local taxing
authority could include in its tax
levy follotiving final determi.nation
and notic� of the reduction, the
difference in the tax which it lost.
This levy would be in addition to
a�l levy limitations imposed by
law and could not result in any penalty
in the nature of a reduction in state
sid of any kind.
Payments in lieu of taxes to counties
n which publicly-o•;med and tax-for-
feited 1<�ds are located. S.F. 1099
Arnold ��rould i•equiz•e the state to
pay each caunty in which tax-forfeited
land classified as memorial forest
is located the sum of 25� :or each
ncre so classified; and 15¢ for each
acre of tax-forfeited land not
classified as memorial forest 1and.
This amaunt would be paid each year.
GENERAL GOVERNMENT
Taxes for bicentennial ro ects.
S. �'. 1141. Laufenburger vrould
authorize governmental units tivhieh
have been approved as bicentennial
communities to furnish services and
property und spend money in connection
with any project whicii accomplishes
a public purpose and is certified
by the State Centennial Commission
as furthering,the overall bicentennial
program. The term governmental unit
means a county, city, or town. These
governmental units �vould be authorized
to levy taxes in excess of any appli-
cable statutory or charter levy limita-
tions for these purposes.
Inierest in contracts. S.F. 1007
Olhoft would permit the governing
body of any city, �ounty, to�rrn,
port authority, seaway port authority,
or school distric't, by unanimous vote,
to contract for goods or services with
an interested officer of the govern-
msntal unit in the following cases:
in governmental units having a popula-
tion of 1,000 or more, vrhen competitive
bids are r_�t required by law, v�here
the amount does not exceed $1,000, and
when the commodity or service contracted
for is not otherwise available in the
governmental unit; and in governmental
units of less than 1,000 population,
when the amount of the contract does
not exceed $20,000 and the commodity
or servi.ce contracted fos is not
othe nvise available in the governmental
.imi t.
HOUSTNG
Constitutional amendment to permit
state to s end and borro�,v for housin .
H.F. 1135 Casserly would amend the
Minnesota State Constitution to permit
public debt to be contracted and
works of internal improvements carried
on by the state to acquire, construct
and maintain housing and to provide
funds for grants and loans to legal
and natural persons for housing purposes.
Increasing range of eli�ibility for
assistance from housin finance agency.
H.F. 1137 Knol1 would increase the
range of eligibility for assistance
from the State I-Ious'ing and Finance
Agency. The bill would permit the
Stute Housing Finance Agency to make
loans determined by the agency to be
necessary to permit the occupant of
residential housing to meet his
housing costs without e�cpending an
unreasonable portion of his incvme
on them. The Housing Financing
Agency �ould also provide housing
assistance subsidies to assist
persens and families of low and
moderate income in meeting payments
on eligible loans or rentals or
residential housing. �
The bill would appropriate $45 mfllion
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SENATE
NICHOLAS D. COLEMAN
SENATOR BSTH DISTRICT
MAJORITY LEADER
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STATE CAPITOI. ST. PAUL, MINNESOTA 55155 ,
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WILLIAM RIEMERMAN
RoASRr i.ncY
kOvER C. EIERGERSON
FtlCK SEVRA
DENIJIS FERCHE
JOYCE IC, CLAGUE
JERRY MIRANOWBKI
87L•PHEN W, KORSTAD
March 12 , 1975
TO:
FROM:
- RE:
STATE OF MINNESOTA
OFFICE OF LEGISLATIVE R�SEAF2GH
5ENATE 4NV�S7IGATIVf3 RESEARCH DIVISION
Senator Nicholas Coleman
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THE CAPITOl.
8T. 1'AUI. bB153
1812) 2�J8.2511
MEMORANDUM
Senate Research - jerry Miranowski
Local Aid Study
Enclosed is a copy of the local aid calculations using the propased
�ormula bas ed on population and mi�l rates .
The pres�nt formula measures effort by using the total levy of a
municipality. This measure does not take the wealth of a community into
account. A communifiy with high property values couJ.d provide a high levei
of services with a low rate of taxation but siill receive the same amount of
aids as a poorer community with the same levy but with a ne�essarily _
higher mill rate. The formula used in this study measured effort by using
the product of the municipality's equalized mill rate and its population:
This latt�r measure is a better indicator of effort because the tax rate is
considered. Higher equalized mill. rates would result in higher per capita
payments .
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The study ditfered from the current formula in three other respects.
First, the distributian to the metropolitan area and the ather 80 counties
prior to the distribution to the municipalities in those counties was eliminafied.
Second, the grandfather amounts were changed from the level of aids received
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eman P�ge Two March 12, 1975 �
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in 1973 to the aids received in 1975. 1Vo municipality, then, would lose if
the formula wexe changed. And third, the county governments were eliminated
fram the local aid distribution, giving munic ipal governments an additional
$31 million in aids . This loss would be more than offset by the takeover of
county welfare costs .(This lacal aid formula, however, could stand alone
zf the counties were included in the.distribution and additional monies from
the general fund were appropriated.)
The report lists the seven metropolitan counties first. The column
titled "grandfathe; " is the amount of aid each community received in 1975, ��
and is their minimum level under the new formula. "Preliminary aid figure" .
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is the amount the community vwu�d have received if there was no grandfathering..
"Adjusted aid figure" is the amount each city, village, and township would
have received in 1975 under the new formu�a. I.
The city of St. Pau� would gain about $4 million zn local aids under
" this formula. Minneapolis would gain about $8 million. Under the present
0
levy limitations, this v� uld all go to property tax relief.
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VJIll1AM it7E1A�RMAN
J20OL'RT L./�CY
fiOGt:R G. AERGLRSON
RICK SEVRA
D£Nt�I1S FERCHE
JpYCC K. CL/�GUE
J6RRY MIRANOWGK)
S7EPIi�N W. KOR;,TAD
April 7, I975
TO:
FROM:
RE:
• STATC OF MINN�SOTA
Of•'f•'ICC OF LEGISLA7tVG i2ESEARCH
SENA7C INVGS7tGATiVE F2C5E�ARCH DIV►SlON
Senator Nicholas Coleman
Senate Research
Local Aid Change
MEMOR�INDUM
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• �%�� i�.\�� �
: 1 ` ��,�
„w„�?i� - .
"i��;;� �; ;
THE CAP170C.
87. PAUL L8155
I012) 298•2511
.
This involves a major change in the philosophy of the aid formula
v��hi�h ii1 the process highly simplifies the formula. The c�st involves
$3l. mill��n o.E caunty municipal aid funds now being distributed. In aggregate,
the $31 million in municipal aids taken away from the county are more �han
offset by about $100 million in tax relief to the counties that would be delivered
.
by the welfare financing �akeover bill.
The four or five counties that would lose in this trade-off are held
harmless by a grandfather provision in the local aid bill.
But the method of financing is noi the essence of this bill.
The e�isting aid formul� distributes money in a complex way. Appropriated
money goes into 83 s�parate pots on a per capita basis . One po� is made up
of the seven metro courities. The other 82 pots are for the counties outside
the seven county metro area.
Money from each of these pots is subfiracted for the counties in a complex
way �ci�a't's tiic: $3i �uiiliu,e un a statev,iiva b�;is). . Th�r, each of the pot.; �s
distrIUuted on the basis of the municipal spending among the communities in
cach pot .
� , NpCll 7, 1�l5
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As an example, if St. P�ul's budc�et is 15 per cent of the money spent
by all municipalities in the seven county pot, St. Paul would get 15 per cent
of the pat. Outside the metro area, each county gets $36 per capita in its
pot. That money is distributed on the basis of spending just like in the
metro area .
The amount of effort in individual communities is not considered in
this formula . • . .
�What happens is t;�at communities who levy about the same amount get
aboat th� same �-;:ount o� aid (although some grandfather provisions throw
that off soms), regardless of the mill rate in the community.
For example; '
Edina levied a$2 . 2 million budget in 1974 on a 6. Z mill levy and got
$843,137 in local aids. '
�Ricnfield levied about $2 .? mill�on on a 13 . 9 mill levy and got $8�3 , 369
in aids . . •
. Austin levied $2.4 mi�lion on � 35.1 l�vy and got $918,030 in aids.
Under this bill (with the $31 million in aids added) Edina would r�main
afi $843,137 in aids; Richfield would go to $1,193, 704 in aids; and Austin would
ga to $1, 664, 612 in aids . � �•
� Thus, the community that levied the highest gets the most aid.
Thfs bill creates one pot and each community gets from the pot the pro-
' � pnrtion its population times equalized mill rate bears to the statewide p� ulation
P
times mill rate. • •
1lnother exaa�ap,G �r� two o�:tstate communities: � '
• ' ,�� Senator Colemzn - Page Tflree
April 7, 1975
Moorhead raises $1,025,803 on a 16.6 levy and gets $948,423 in aids.
Wi�nona raises $1,59Z,351. on 26.6 mills and gets $II46,883 in aids.
3I
Winona gets less, although it has a population of 26,43II to Moorhead's
9, 687 ari�d levies $544, 000 more.
Under th is bill, Moorhead's aids would remain at $9�8, 423 and Winona's
would increase to $I,272,J60.
Tn essence, the formula of this bill is to help out communities on the
basis of taxing effort. �'he gainers �r�?ll be cor^mur�ities �yhose mill rate is high.
Communities who have a high tax base and thus demand minimal tax e�fort from
their property will be grar.dfathered in at the 1975 aid level.
As an aside, it should be noted that our Iook at fihe gross earnings
package on local aids indicated that many of the low mill �rafie communities
get substantial.ly more aid under that plan to move even farther away from a
need or burden concept .
e '
Ons of the arguments that has been mentioned is that this concepfi is an
incenfiive to local spending -- the more you spend the more aid you get.
�� This argumenfi is rather weak. First o� all, the levy limits do limit
' spending, and there is no indication that many municipalities are in the position
t
L_�
to hold spending below the 6 per cent a year autharized by the levy limits.
Secondly, the Legislature controls the amoun� of money in the local aid
pot and the aid received by any community depends on the spending patterns
in the whole state.
�n�? thirdly� even tvi*.?: *t,A t��:,t �;� �.,ef;tG, a�ded spendin� �rill ��ise
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taxes in communities.
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MEMO T0: Nasim M. Qureshi, City Manager
MEMO FROM: Richard N. Sobiech, Public �Vorks Director
DATE:
SUBJECT:
April 11, 1975
House File 754; Development of Islands of
Peace Park
Please be advised that the bill which would
�� � a�ppropriate monies for the development of recreational
facilities for the handicapped at the Islands of Peace
Park (H.F. 754) was unanimously passed through the
, Recreational and Open Space Subcommittee on April 7,
1975. This subcommittee expressed their concern for
the long term committed use of the property for the
, • handicapped for recreational purposes. It was suggested
, that in order for the bill to have favorable consideration
at the hearing of the Environmental and Natural Resources
Committee, tentatively scheduled for April 15th, the City
� of Fridley should provide a more substantial comrnitment
of the use of the property for the handicapped.
�
Tt is suggested that two methods could be
employed to provide this commitment:
a) A substantial extension of the terms of the existing
lease agreement with the Foundation for the Islands of
Peace for the City controlled properties.
'�, ' b) A letter in which the City of Fridley would state
� their commitment of the property for recreational use
for the handicapped persons.
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Both methods mentioned abave should be with
the condition that the bill would.be passed through the
Legislature. It is suggested that the Council consider
this commitment at the Council hleeting of April 14, 1975
which would ensure a more favorable consideration of the
bill.
RNS/ jm
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' I�itrocluced by Sir�oneau, I�ScCarxon, {9enstrom, � . �_._._�.._..• _ . .. . .1l.I� . No . 7�� ..i/ . 4� A
� I,t�ther, Sch: cil��r ; •• Companion S. f� .
� . �-farch 6 4h, 1975 � � ' . •Ref . to S . Corn .
her .�� Cora, on rn'�zrQri�cn� t; Natuxal Resources
. Keproduced by Pi-iILLIPS LEGISLA'iIVE Sf�[tV:�CC '.' �' �
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.. :.n. . handt����ec3.a� Sa�.�a��� e�� Pe��� pa�;�D . .
'.� i�� �x ��iT,���,i? BY �HE �, :����,��'�Jz2� Or ,i`ri�' S�'�;�c. 0� t�i?��i�E��'.�Ag .
' , . . � .
=�6 Sec��pn 1� �RE�I���1aION F'�,C��+����5 ��Or� �H� NJ�ND:tGAPP;:aD� - .
'.�� '"'7 .F�x`�r�l�►JnR.��T�fl't� � �h��'2 3a ap ���pi,���d ��. an- �i�e ������Z �und � - .. . .
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� � ",:''$ �.n �he S��f�e 'c��aa�axY �:p �h� ��a�� ptaran�.ng a��n�� �i�e ��:r;t -_ �.
:'`� -: o� ��5Q�40� �� b� us��l �o dA'���,�� �����a`��.�n� i��� �.���.s�. � • . � .
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RESOLUTION N�. - 1975
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER AND
WATER IMPROVEMENT PROJECT N0. 115
BE IT RESOLVED by the City Council of the City of Fridley, Anoka County,
Minnesota, as follows:
l. It is hereby determined that the assessable cost of
construction with respect to the fol1owing named
improvement, to-wit:
SANITARY SEWER AND 4,IATER IMPROUEMENT PROJECT
N0. 115
including all incidental expenses thereto is estimated
at $
2. The City Manager with the assistance of the City Clerk
shall forthwith calculate the proper amounts to be
specially assessed for said improvement against every
assessable 1ot, piece, or parcel of land benefited by
said improvement, according to law.
PASSED RNO ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 197A.,
AT1'EST:
CITY CLERK Marvin C. Brunsell
MAYOR William J. Nee
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RESOLUTION N0. - 1975
RESOLUTION DIRECTING PUBLICATION OF NEARING ON PROPOSED ASSESSMENT ROLL FOR
SANITARY SEWER AND WATER IMPROVEMENT PROJECT N0. 115
WHEREAS, by a resolution passed by the Council on , 1975,
the City Clerk was directed to prepare a proposed assessment of the cost
of water and sanitary sewer mains, laterals, service connections, storm
sewer and drainage facilities, and related appurtenances.
WHEREAS, the Clerk has notified the Council that such proposed assessment
roll has been completed and filed in his office for public inspectian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
ANOKA COUNTY, MIN��SOTA, AS FOLLOWS:
1. The City Council shall meet at the City Hall in the
' City of Fridley, Anoka County, Minnesota, on the
day of , 1975,
at 7:30 P.M. to pass upon the proposed assessment for
SANITARY SEWER AND WATER IMPROVEMENT PROJECT
N0. 115
2. The City Manager shall publish notices of the time and
place of ineeting in the official newspaper of the City
at least two (2) weeks prior to such meeting.
0
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY 0� FRIQLEY THIS
DAY OF
ATTEST:
1975.
- CITY CLERK Marvin C. Brunsell
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MAYOR William J. Nee
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CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
NOTICE OF HEARING OF ASSESSMENT FOR SANITARY SEWER AND WATER IMPROUEMENT PROJECT
N0. 115
Notice is hereby given that the Council of the City of Fridley will meet at
the City Hall in said City on the day of ,
1975, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to
the proposed assessments in respect to the following improvement, to-wit:
SANITARY SEWER AND WATER IMPROVEMENT PROJECT N0. 115
The proposed assessment roll for each of said improvements is now on file and
open to �ublic inspection by all persons interested, in the office of the Clerk
of said City.
At said hearing the Council will consider written or oral abjectians ta the
proposed assessments for each of said improvements.
The general nature of the improvements and each of them is the construction of
water and sanitary sewer mains, laterals, service connections, storm sewer and
drainage facilities, and related appurtenances located as follows:
Area bounded by 78th Avenue, 79th Avenue, Beech Street, and Burlington-
Northern Railway
Lots 1-3, Block 1; Lots 2 and 3, Block 2; and Lots 1-8, Block 4, Rice
Creek Estates Addition
The area proposed to be assessed for said improvements and each of them is all
that land benefited by said improvements or each of them and lying within the
general area above noted.
Said improvements will be assessed against the praperties within the above nated
' areas in whole or in part proportionately to each of the lands therein con-
tained.according to the benefits received.
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A property owner may appeal an assessment to the district court by serving
notice of appeal upon the City Mayor or Clerk within twenty (20) days after
adoption of the assessment and filing such notice with the district court
within ten (10) days after service upon the Mayor or Clerk.
DATED THIS DAY OF , 1975, BY ORDER OF
THE CITY COUNCIL OF THE CITY OF FRIDLEY.
ATTEST:
CITY CLERK Marvin C. Brunsell
MAYOR William J. Nee�
Publish: Fridley Sun on
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FROM:
CITY OF FRIDLEY
MEMORANDUM
NASIM M. QURESHI, CITY MANAGER
MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR.
' SUBJECT: HOUSE FILE 1159 - MUNICIPAL UTILITIES, PAST DUE ACCOUN7S
DATE: APRIL 8, 1975
�
House File 1159 would limit the amount of penalty that could be charged
on utility bills, and would also preclude adding delinquent pub1ic
utility bills to tax rolls for collection.
I am most concerned with the section of the proposed bill relating to
not being able to add past due accounts to the tax rolls for collection
(not withstanding the complaint received at last Monday's Council meeting}.
This has been a most effective means of collecting past due bills. The
City's losses on past due accounts are almost non existant.
The other methods that can be used to�help collect past due accounts,
shutting water off, or taking the customer to court, are not entirely
satisfactory. Shutting water off costs a lot of money (finding shut off
valve, sending men out to shut off, etc.) Some accounts, such as apart-
ments, obviously cannot be shut off. There is also a legal question on
shut offs. Taking the customer to court is not always the answer either.
Even though the City spends the time and money to take a customer to
court and the customer is ordered to pay, the City still does not have
its money. (The previous owner mentioned at last Monday's meeting, had
been taken to court and had been ordered by the court to pay, but the
City still does not have the money). It still takes additiona1 legal
steps to collect the money. The City must get the Concilliation
Court transcript transfered to District Court, get an execution order
then have the Sheriffs Department locate the 7ndividual and serve them.
All of this plus the legal and administration costs will be more than
the $78.00 owing on the bill. �
Al1 of the extra expense noted above, plus the actual money lost on
accounts not paid, will have to be made up by customers who pay their
bills.
I recommend the City give serious consideration to going on record as
being opposed to House File 1159.
MCB:sh
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A
'I�20b2 ; • ' " ' . ' ' J� 20G2 • '
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' Tntro:iuced by \�CCOI117L', R. Kelly, Pxa}il., H.F. No. �159 '" ._. I
A;cCarron, Dzctcxich ` ' • Co�npanion�S.F. Ii
D!1zch.2�1th, 1�"/S . Rcf. to S. Coa�. ''
I� Rci. to Cori. on Local f; Urb�n F.�:fairs i
Rc�xoduced by P}ITLLTPS LEGISLAI'IVE Sf:RVIC� �� _�r � �
. �
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' � � . ' � � '. � � - •
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' , . . . .. � _ _
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, � � . . � ' �:• : . . - , _
� . . R ��.�.� �Oi a:1 ���4 . -
� • 2 i'ei a4in� f:o �ub�i.c uti�.���.es; �.�.ra�f��.ng ? a�e � . . .
3 p�,ynen�.cha��es on ovLrclue municspal u�,3.�.i�y ..
E� bi�.? s; p�'ahibi ��.nc3 use o� i he tGx ro�.ls tio ca�.J.�c� .
5 , i�ttn�C:ip{��. 4�.i 1.�.'�y �i1? s; a��end� nq 1.;in.*�e5otu ' I
��:� b- ' S�Z�u�e� I97�`•r �haptex� 2Z5Bo by addii7� � sec�.�.�o��e � � � i
• . . � � - i
'�. �� .� BE Z7' EN��G��U BY TH� LEGiSI�AxURE OF xH� STA�E OF 2;S`;riESO'�'F. i _ �
� i
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. 8 SecL3,o;� 1,. M�,nneso�a Sta�uties 1•97t1: Chaptier 2�6�3, is � ,
i�� �� a�te;�ded by add�.n�1 a sec �� on to read; �
- 10 [216Bo235] ti�itli�il�Zf AL UTiL�'TZESg P�:S'� D�JE ACCOt3,1'�5'] Plo
' . .....o� ._ . -
�. i�, publ.ic ut±lit� operu�ed by a r�ur.icipa�;tY sha11 as5ess a
' MM�a�w�a.wwra�/�r�o�roMyw�W�.�IM'�wan�C�irww��rw�wavN�Srw�YVMw�W�wl�.✓vW1��w�r��y►���+�✓��w�.a�wrw� ' �
� 12" late pay�ent chaaqe of r�ore than one perc�nt per m�7Ch on �
..,_..,.,...........a........�......._...._..�......�....a....r.........,..._,.....,�... �._.............�......._,.- .................w...,.._.�a......._.o..
� 13 the ou � s'�and � nn �nd ov�� due bal.ance � of a ut i 7. ity b�i 1��, � nor � �
._....._.............._....__......�...,.,....�.._,_.,....__......_.._....,...........�....�............_.,.......°a........._..,..�..,.........a......�...,... ,
� 1� sha�1. a pubiic uti�.i�y aner.a�ed by a rtiUn�cinr'ility us� the.. .
..,..........,:.,,....- -- - -....a_.�..,.,...._..,,...,.....w..�;.�...,.,.......�.....,...�...............��........�...........,......o.......�...,.�,.�... . �
, I5 tax ro�ls of thati muntc!pali�y �o co�l.ec� a pasti �due uti�.�.ty� - �
� MwrN'wwMMM4�IM�.wF+Mtit� ��MM��W++�w.�wso� M�Y�'1..rw���Y•ry"�I.�Mr�✓�1 W��+'ww+�1/wwWM.Y�ti�i.�vOwM�w�.o1�Y
I
�;6 bill., � • • . . , . .
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RESOLU7IOPJ N0. 1975
A RESOLUTION IN OPPOSITION TO HOUSE FILE 1159 RELATING TO
PUQLIC UTILITIES LI��ITING LATE PAY�hENT CHARGES AND PROHIBITING
USE OF TAX ROLLS TO COLLECT MUNICIPAL UTILITY BILLS
WHEREAS, The Public Utility Fund is operated on a self
sustaining basis, and
WNERE/�S , Al 1 expenses of the uti 1 i ty operati on mus t be
deri ved from customers who are usi ng the servi ce , and
WHEREAS, Any losses ori accounts receivable, as well as
al? other exnenses incurred in the collection of delinquent
accounts, must be borne by the utility customers, and
WHEREAS, The practice of adding delinquent utility accounts
' to the tax rolls for collection has minimized losses on delinquent
accounts, and has minimized collection expense, and
' WHEREAS, Alternate means of collecting delinquent utility
accounts are both costly and undesirable,
NOW, THEREFORE, BE IT RESOLVED, That the Council of the
' City of Fridley hereby goes on record as being opposed to that
section of House File 1159 which would prohibit a municipal utility
from using the tax rolls of that munici!�aTity to collect r�ast
' due utility bills.
PASSED AND ADOPTED 6Y 7HE CITY COUNCIL OF THE CITY
' � OF �RIDLEY THIS DAY OF , 1975,
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ATTEST:
CITY CLERK - MARVIN C. BRUNSELL
MAYOR - WILLIAM J. NEE
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MAYOR ��EE WOUL� LIKE TO I�ISCUSS THE
�PPO I NTMEI�i OF P�qYOR PRO TEM
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' Administrative:
lt. James Sampson
Civil Division:
I � Lt. Fronk Sorazin
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�; �ae�t
County Sheriff
A
421-1660
April 1l, 1975
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�;'���.i;� `�� � - Criminal Division:
` � ��� lf. William Hoogestraaf
�� r Patrol/lail Division:
Lt. Thomas Anderson
Mr. Timothy Breider
7550 Tempo Terrace N.E.
Fridley, Minnesota 55421
Dear Mr. Breider:
In November, 1974, an application was submitted to the
National Association of Counties in Washington, D.C. The
app].ication was entered in nation-wide competition, for
recognition awards which wi11 be given in June, 1975, in
Honolulu, Hawaii. ,
As you wi11 note in the attached letter, Anoka County has
been notified it will receive the U.S.A. Achievement Award
for the Joint Law Enforcement Council.
Anoka is the only County in the State of Minnesota receiving
a law enforcement award.
DWD:sw
Enclosure
Sincerely yours,
�� .
D. W. Dwy U dersheriff
Anoka County S eriff's Office
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i.new yark avenue. n.w., washington, d.c. 20�06
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(202j 785-9577
_ Ap�t1 3, 1975 . .
Mr. Ai6ert A. Kordiak �
Chai rman• : -
A�oka Co�nty Board of .Commissioners �
325 E. Main Street �
Anaka, NN 55303 _ _
� Dear Chai rman Kord iak: .
Congratulations: The National Association of Counties' New County, U.S.A.
Cenrer is very pleased to advise you that your county has been selected to
receive a NACo New County, U.S.A. Achiev�nent Award for your Joint Law
�Iir01'C�Treiiti �OU�1C1 � . `
The award program was developed to give national recognitian to progressive
county cfeveiopments which demo�strate an improv�nent in county government's
service to citizens: All local government can learn frocn the Anoka county
p rog ram . �
We hope �hat you and representatives of your county will be present to accept
the award at our annual conference in iionoiulu, Nawaii, June 22 - 25,.1975.
Please advise us of your intention to be at the Convention bq returning the
enelosed postcard. Florence �eller of our stafr wili be in touch with you
d i rect tY concern i ng your photograph schedu 1 e.
As was heid fior the past two years, achievement award.counties wi-11 be given
an oppor'tunity ta exhibit their programs during the conference in our
Exhibit area.
tn addition there wiTT be a specia] program in Honolulu, cailed the Achievement
Award Consulting C)inic. Award winning counties wiil be called on to discuss
their programs witF� conference delegates. Each award winning county becomes a
cansultant for aTl the other counties in attendance.
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P4r. Kor .
� Apri i 3, 1975 � _ . :? .'
' ' Page 2
Fred Hufnagel, NACo's Exhibit Manager, wiTt contact you concerning your' exhibit
I', '�' needs, whetfier you wiTl requ'tre an exhibit booth space or a table at the
' _ consaiting ciinic. • � - .
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,� We at the National Association of Counties congratulate yau for your fine ,
. efforts towards improving county government; f look forward to seeing you
. . in Honolulu: . .
,. Sincerely yours, +
� ,
� ' Bernard F. Httlenbrand
� . . : Executive Director
Enclosures . . -
' cc: Donald R. Dwyer � . : . . _
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