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1984-02-28 CITY OF MOUND MOUND, MINNESOTA A _NDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, FEBRUARY 28, 1984 COUNCIL CHAMBERS 1. Approve Minutes of February 14, 1984, Regular Meeting Pg. 318-332 PUBLIC HEARING: Delinquent Utility Bills for February Pg. 333 Resolution on Conditional Use Permit to for Commercial Docks in Residential District. A1 & Alma's, Daryl & Merritt Geyen CASE #8~-~0) - Jacques W. Gibbs, Nancy Gardner, 4901 Three Points Blvd., Lots 1 & 2, Block 4, Shadywood Point Request: Lakeshore and front ~yard setback variances CASE ~84-$07 - Vern O. & Dixie L. Groves, 4831 Dale Road, Lots 5, 6 & NEly 20' of Lot 7, Block 7, Arden Request: Lot split/subdivision & waiver of Chapter 22 provisions Comments & Suggestions from Citizens Present. Pg. 334-342 Pg. 343-352 Pg. 353-357 10. Preliminary Report from City Engineer on Post Office Area Improvements Acceptance of'Quotations for Upgrading Sewer Lift Station at Sumach Lane and Sparrow Road Miscellaneous License Approvals - Gambling - Garbage Haulers - Cigarette Report from Nancy Clough, City Representative to West Hennepin Human Services. Pg. 358-365 Pg. 366-369 Pg. 370 Pg. 371,372 11. 12. Review of Mound Fire Department Actuarial Study for 1984 (Discussion) Review of Breakdown of City Expenses for 1983 - Engineering, Legal, & Public Works (salaries only) Pg. 373-385 Pg. 386-389 Page 316 13. 14. Payment of Bills MISCELLANEOUS/INFORMATION A. Letter from Tonka Re: Lost Lake Soil Analysis B. 1983 Police Reserve Annual Report C. Clipping on Tonka Building Sale D. Memo from LMCD on Parking E. HUD Jobs Program Memo F. Continental Telephone Letter G. American Legion Gambling Report H. Labor Market Report I. Met. Council Review J. LMCD Minutes K. Proposed LMCD Ordinances L. Charter Boats on Lake Minnetonka Report M. AMM Legislative Proposals Pg. 390 Pg. 391-393 Pg. 394-406 Pg. 407 Pg. 408 Pg. 409-410 Pg. 411-412 Pg. 413 Pg. 414-417 Pg. 418-419 Pg. 420-425 Pg. 426-433 Pg. 434-444 Pg. 445-474 Page 317 18 February 14, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on February 14, 1984, at. 7:30 P.M. in the Council Chambers at 5341Maywood Road. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen, Gary Paulsen. Councilmember Peterson arrived at 7:45 P.M. Also present were: City Manager Jori Elam, City Attorney Curt Pearson, City Engineer John Cameron, Building Inspector Jan Bertrand and City Clerk Fran Clark and the following interested citizens: Jim Regan, Ione McLane, Larry McLane, Shelly Berglund, Eric Berglund, Mary DeVinney, Jill O'Neill, Larry Webber, Dan Sinner, Keith Harrell, Harold Tooley, Millie Wolking, Ted Pfiffner, Linda~ DeGidio, Doris Smykalski, George Smykalski, Tom Wymer, Larry Connolly, Merritt Geyen, Jane Yerville, Blake Verville, Cathy Bailey, Lowell Swenson, Earl Bailey, John Wood. Mayor Polston opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the January t7, 1984, presented for consideration. Regular Meeting were Paulsen moved and Jessen seconded a motion to approve the- Minutes of the January 17, 1984, Regular Meeting as submitted. The vote was unanimously in favor. Motion carried. The Minutes of the January 24, 1984, Special Meeting were presented for consideration. The Clerk noted that there was a change on page 2, under County Road 15 Improvement Discussion, making the motion a resolution. Charon moved and Paulsen seconded a motion to approve the Minutes of the January 24, 1984, Special Meeting as corrected. The vote was unanimously in favor. Motion carried. PUBLIC HEARING; CONDITIONAL USE FOR COMMERCIAL DOCKS IN RESIDEN- TIAL DISTRICT, AL & ALMA'S, CASE 84-301, D.A.RYL & MERRITT GEYEN The Mayor asked the CitY Attorney to explain the purpose of the public hearing. The City Attorney stated that this is to give the public an opportunity to give their viewpoint on the granting of a conditional use for commercial docks in a residential district. 19 February 14, 1984 Merritt Geyen, owner of A1 & Alma's, explained their proposal. They have purchased Lots 22 & 23, Whipple Shores and would like to install an H-shaped dock and have the cruise boats moored there. They would load and unload passengers from this dock which should lessen the confusion at the transient docks and to make the beach area safer. Geyens haYe agreed to put in buoys from the transient docks to the cruise boat docks for the beach area. This will insure that boats do not enter the beach area. Councilmember Paulsen asked if they would be willing to put posts in all across the beach area with buoys in between every 3-4 feet for the protection of the beach. Mrs. Geyen answered yes, that they want the beach safe for their children also. Councilmember Peterson arrived at 7:45 P.M. Mayor Polston asked if there would be dock attendants to help police the transient docks for the restaurant. Mrs. Geyen stated that there would be attendants there from 4:30 or 5:00 P.M. until closing. The City Attorney stated that Section 23.413 of the Zoning Code relating to docks serving commercial property was specifically written for A1 & Alma's and stated that, "The mooring of boats at such dock shall be limited to a maximum of four hours". The flaw in this statement is that it does not clarify whether that four hours is per day, per month, per year. Councilmember Peterson asked what the history of the tour boats was. Mrs. Geyen stated that apparently they Nolans purchased one in 1976, one in 1979, and two more'in 1983 before they sold the operation to them. Two of the boats are 51' and 2 are 45'. The two older boats were moored at Nolan'B house until 1983 when the two new boats were purchased. Councilmember Paulsen asked if they could store the boats at a dock on private property and then take the boats out to pick up passengers at another area. Mrs. Geyen stated that to help cut down on the confusion at the docks, they are encouraging people to come in buses or be picked up at other public facilties around the lake, but that this is not always possible. The City Attorney noted'that in the Section 24.413 it is also stated that, "The owner shall be required, to meet and comply with all the standards and requirements of the Lake Minnetonka Conservation District" ('~MCD). The Mayor opened the public hearing and asked for any comments for or against the proposed conditional use for a commercial dock in a residential district. TED PFIFFNER, 5137 Hanover Road, asked where the boats were 2O February 14, 1984 going to be loaded and unloaded. Mrs. Geyen stated they would like to load and unload at the docks in front of Lots 22 and 23 to lessen the confusion at the transient docks. They would have a level path on the south side of Lot 23 around to the cruiser docks. Mr."Pfiffner stated that his concern'was how much the'bottom will be churned up. Mrs. Geyen stated that the cruisers are very shallow boats and have only a 24" draft. LARRY MC LANE, 5346 PiPer Road, stated that he thought the' proposal the Geyens wish to have approved is a good one. LINDA DE GIDIO, 5174 Tuxedo Blvd., stated that the only thing she was against is the noise when loading and unloading the cruisers. Mrs. Geyen stated that since they took over the restaurant and cruise boats they have not had tours leave after 9:00 P.M. KEITH HARRELL, 3188 Tuxedo Blvd., stated that he feels every year the beach gets smaller and smaller because of A1 & Alma's. They already have a sidewalk on the west side of the park. The owners of A1 & Alma's also have a 1000 gall.on gas tank that is buried in the side of the hill on their property. He objects to all the junk that gets thrown off the boats and into the lake and park area. Mrs. Geyen~ ~ated that she has lived in the area all her life an~~oes not want trash all over either. She stateds~e does not know if there is a gas tank buried in her yard. She will be living right next door to the park and beach and that she wants them to remain neat, clean and safe for her children also. The City Manager informed Mrs. Geyen that in 1978 a gas tank was put in her property so that the previous owners could gas up the cruisers. Mayor Polston asked if She would be willing to have the gas tanks removed. Mrs. Geyen stated yes. SHELLY BERGLUND, 5738 Hanover Road, commented on how neat and - clean the beach has been kept since the Geyens took over A1 & Alma's. 21 February 14, 1984 TOM WYMER, 3615, Farmhill Drive, Minnetrista, stated that he has complained for 18 years about A1 & Alma's. The swimming beach isn't safe with all the boats coming in and out. The neighbors next door to where they want to park the cruise boats don't want to have to look at these boats from their dock. It will block their view. The people who have residential property should be allowed to have residential property around them not commercial. When they were allowed the parking lot across the street they were supposed to have a redwood'~fenceand shrubbery which they never did. Mayor Poi'ston stated that we are here to make a decision on the commercial dock issue, not to discuss the parking lot. The Council must make a determination on what's fair for all persons, residents around A1 & Alma's as well as the applicant. Councilmember Peterson suggested that we should look .into whether there was a provision on the ~arking lot for fencing and shrubbery. The City Manager stated that he has looked at the resolution that was done on the parking lot and there is no such provision in it. Mrs. Geyen again stated that they are new owners and would like the neighbors to give them a chance to prove they will live up-ko what they say. EARL BAILEY, 6270 Deerwood Drive, stated that he is in favor of what the owners of A1 & Alma's is trying to do. They seem to be trying to organize the operation, they have a good safety attitude about the beach area and the park. They are conscientious owners and are trying to bend over backwards to please the neighbors. JOHN WOOD, attorney representing George & Doris Smykolski, presented the Council with their statement in opposition to the application for a con~itional use permit for commercial dockage on Lots 22 & 23, Whipple Shores. He stated that what the Council is really doing is fostering a commercial use in a residential'area. He pointed out that in the 1981 resolution it was a condition~that there be no further expansion of the docks. JIM REGAN, 5334 Pi~'~r Road, gav~ the backgr'ound of how the restaurant was orginally a grocery store which was expanded to a restaurant illegally, and has been sold several times since. He stated he is against increasing the commercial area anymore, that tours do leave after 9:00 P.M. and that A1 & Alma's have 22 February 14, 1984 used the gas tanks that are buried on the Geyen's property the past 2 summers. MARX DE VINNEY, 3134 Tuxedo Blvd., stated that she is very fond of the beach and as long as the beach is kept safe and used properly, she had no objection. BLAKE VERVILLE, 5147 Windsor Road, stated that there were alot of problems with the former 'owners, but~the new owners are doing a good job and he felt their proposal was a good one. DORIS SMYKOLSKI, 5180 Tuxedo Blvd., state she is the neighbor next to Lots 22 & 23 where the Geyens propose to store the 4 large cruise boats. She stated that .when they put a deck on their home a few years ago, they had to go to all the neighbors and have them sign a paper saying that the deck would not block their view of the lake. Now the Geyen's want to block their view of th9 lake by having a 100' dock and four large boats. She stated that she feels their property value will go down because of the boats being next door. Mrs. Geyen stated that since they purchased Lots 22 and 23, they have cleaned up what was an unsightly mess and did not feel having .the boats moored there would make property values go down. JEAN'VERVILLE, 5147 Windsor Road, stated that she felt the neighborhood should at least try the Geyen's proposal for one year and see how goes. The Mayor closed the public hearing. Councilmember Paulsen asked Mrs. Geyen where the sign advertising A1 & Alma's would be placed. Mrs. Geyen replied on the shore in front of the transient docks just as it always has been. Councilmember Peterson asked what the length of the proposed dock would be. Mrs. Geyen answered, 83'. Councilmember Peterson stated that he is moved by the concern of the residents in the area and the new owners. The City Manager explained that the previous permit expired~hen the ownership changed, thus there is no permit now. He further explained that with L.M.C.Dj~'' approval th% Geyens could store the boats at the docks on Lots 22 and 23 without approval of the City and then move them to the transient docks for loading and unloading. February 14, 1984 Mrs. Geyen stated that if the neighbors want them to only use the docks in front of Lots 22 & 2B for storage of the boats and use the transient docks for loading and Unloading, they can live with that. The Mayor recapped what needed to be addressed tonight. 1. Does the City reissue a conditional use permit for the transient docks already existing? 2. Does the Council wish to permit docks .on Lots 22 & 23, Whipple Shores if the docks are approved by the L.M.C.D.? 3. If the above is issued does the City want to be able to have control over the docks with conditions? The Mayor stated he would want to have control by conditions in the Conditional Use Permit. Coun¢ilmember Paulsen agreed. The Council discussed the conditions they would like to see in a Conditional Use Permit allowing the commercial docks. They were as follows: 1. The owners of A1 & Alma'g' provide a bond so the City can be sure the conditions are met. 2. Revocation of permit if conditions are not met. 3. The docks on Lots 22 & 23 be only used for storage of cruise boats, no loading or unloading done there. 4. Posts be installed across the swimming beach from the transient docks to. the storage docks for the safety of swimmers and t6 keep boats out of the swimming area. 5. Fencing to keep children off the docks from the swimming area. 6. No further expansion of the storage docks. Only to allow for 4 cruise boats. 7. Have dock attendants on duty.during restaurant hours and until the last transient boat leaves. 8. Some fencing and landscaping to be done to the parking lot to'make it look nicer. Paulsen moved and Charon seconded a motion directing the City Attorney to prepare a resolution approving the C. onditional Use permit for commercial docks in a residential 'area for A1 & Alma's incorporating in all the conditions discussed. A roll call vote was unanimously in favor. Motion carried. The City Attorney commented that if there is no L.M.C.D. approval the permit will be null and void. The resolution will be presented to t~e Council and the public at the next Council Meeting, February 28, 1984. PUBLIC HEARING; CASE ~84-30~, PRO.POSED VACATION OF EXCELSIOR LANE, pAN SINNER, ~97 WILSHIRE BLVD~ February 14, 1984 24 February 14, 1984 The City Manager explained that Mr. Sinner has requested' this vacation for privacy now, and in the'future would like to build a garage. The Planning Commission has recommended approval of this vacation, retaining a 20 foot wide trail easement down the center and giving the other two portions to Mr. Sinner and the neighbor on the other side of the street. The Mayor opened the public hearing and asked for any comments for or against from anyone present. There were no comments. The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~84-i? RESOLUTION VACATING CERTAIN STREET. EASEMENT AND RETAINING FOR THE CITY A 20 FOOT WALKWAY EASEMENT AT THE CENTER OF THE VACATED EXCELSIOR ROAD The Council had a discussion on why the City should keep the 20 foot wide trail down the center o~ the vacated street. Charon moved and Jessen seconded a motion to amend the original motion striking the portion (~2) which retains the 20 foot easement at the center of vacated Excelsior Road. The vote on the amendment was ~ in favor with Councilmember Paulsen voting nay. Amendment carried. The vote on the original motion was unanimously in favor. carried. Motion The vote was unanimously in favor. 'Motion carried. RECEIPT OF REPORT ON DENBIGH, ROAD IMPROVEMENT The City Engineer presented an Alternate Plan to the one that was in the Council Packet. The alternate plan would be similar to the original proposed construction except the street would be a dead-end instead of looping back to Wilshire Blvd., which could pose a safety problem with an access to Wilshire Blvd. being placed at that point. The Council went over both' plans and decided to go with Alternate Plan A as recommended. Charon moved and Jessen seconded the foliowing resolution: RESOLUTION ~84-18 RESOLUTION RECEIVING REPORT AND CALLING PUBLIC HEARING ON THE IMPROVEMENT OF DENBIGH ROAD The vote was unanimously in favor. Motion carried. 25 February 14, 1984 AMENDMENT TO CHAPTER 39, RELATING TO DOG. LICENSING The City Manager explained that this is the proposed amendment for the City Code that was discussed at the January 17, 1984, meeting. It is now ready for approval. Jessen moved and Paulsen seconded the following: ORDINANCE ~458 AN ORDINANCE ADDING SECTION 39.04, PROVIDING FOR TWO YEAR LICENSES; AMENDING SECTIONS 39.05, 39.10 AND 39.40 OF THE CITY CODE ESTABLISHING DOG LICENSE FEES BY RESOLUTION; AND ESTABLISHING CRITERIA FOR RABIES VACCINA- TIONS The vote was unanimously in'favor. Motion carried. RESOLUTION ESTABLISHING DOG LICENSE FEES The City Manager explained that this is a confirmation of what was recommended at January 17, 1984, Meeting for dog license fees which will be as follows: Two year licenses: For each neutered male or spayed female dog $8.00 for two years For each unneuter~d male and non-spayed female dog $14.00 for two years Peterson moved and Paulsen seconded the following resolution: RESOLUTION ~84-19 RESOLUTION ESTABLISHING DOG LICENSE FEES The vote was unanimously in favor. Motion carried. ONE YEAR EXTENSION RESOLUTION ~83-23, WALTER HELLAND The City Manager explained the Mr. & Mrs. Helland ha~e requested a one year extension for Resolution #83-23, relating to a variance for Lot 4, Block 4, Replat of Harrison Shores, PID #13- 117-24 21 0049. Staff is.recommending approval of the extension. Peterson moved and Charon seconded the following resolution: RESOLUTION ~8q-20 RESOLUTION GRANTING ONE YEAR EXTENSION FOR RESOLUTION ~83-23 The vote was unanimously in favor. Motion carried. February PARK DEPT. PURCHASE OF NEW MOWER AND TRAILER The City Manager stated that a new Commercial mower and trailer were approved in the Budget. We have received two quotations which were as follows: EOMMERCIAL MOWE~ Howard Turf Blazer Model 727 (Kromer Co.) Toro Groundsmaster (Long Lake Ford Tractor) $ 8,698. $10,300. TRAILER Snowco Model 20-006 (Kromer Co.) (Long Lake Ford Tractor) 1,460. 1,295. The Staff recommendation is to approve the purchase of the mower from the 'Kromer Co. and the trailer from Long Lake Ford Tractor. Peterson moved and Paulsen sehonded a motion to approve the purchase of the Howard Turf Blazer Model 727 from the Kromer Co. in the amount of $8,698. and the purchase of the Snowco Trailer Model 20-006 from Long Lake Ford Tractor in the amount of $1,295. The vote was unanimously in favor. Motion carried. APPOINTMENT OF ASS,!STANT WEED INSPECTOR Jesse'n moved and Charon seconded the following resolution: RESOLUTION ~8~-21 RESOLHTION TO APPOINT CHRIS BOLLIS AS ASSISTANT WEED .INSPECTOR The vote was unanimously in favor. Motion carried. PLANNING COMMISSION APPOINTMENT The City Manager explained that Stan Mierzejewski has resigned from the Planning Commission. The Planning Commission is recommending the appointment of Bill Meyer to serve the term vacated by Stan Mierzejewski. Term expires 12-31-84. Charon moved and Peterson seconded the following resolution: RESOLUTION ~8q-22 RESOLUTION APPOINTING BILL MEYER TO THE PLANNING COMMISSION The vote was unanimously in favor. Motion carried. 27 February 14, 1984 ORDIANCE AMENDMENTS: RELATING TO DOCK FEES AND COMMERCIAL DOCK FEES The City Manager stated that these fees were approved last Fall at Budget time but should have been approved in the form of ordinance amendments. Charon moved and Jessen seconded the following: ORDINANCE #~59 AN ORDINANCE AMENDING CHAPTER 26 (PART F), SECTION 26.9307, RELATING TO DOCKS, BOATHOUSES, BOAT RAMPS AND SLIPS The vote'was unanimously in favor. Motion carried. Peterson moved and Charon seconded the following: ORDINANCE #~60 AN ORDINANCE AMENDING CHAPTER ~1, SECTION 41.25, SUBDIVISION I OF THE CITY CODE RELATING TO.COMMERCIAL DOCKS The vote was unanimously in favor. Motion carried. H.ENNEPIN.COUNTY RENTAL REHABILITATION PROGRAM The City Manager introduced Kirk Corsan to the City Council. He is working for the City thru the Mead Program. He has a Masters Degree in Planning. The City Manager then explained that the City is eligible for 5 rental rehabilitation loans thru CDBG funds and Kirk has now completed the application for these funds. The Council must now pass a resolution supporting the application for the funds. The rental rehabilitation program is to subsidize the cost of private rehabilitation financing to the level required to make a project feasible a~ market rents. Peterson moved and Charon seconded the following resolution: RESOLUTION #8~-23 RESOLUTION SUPPORTING APPLICATION FOR HUD RENTAL REHABILITATION DEMONSTRATION PROGRAM The vote was unanimously in favor. Motion carried. PROPOSAL FOR THE ANALYSIS OF LOST LAKE SITE The City Manager explained that he has received one proposal to analyze the Lost Lake slYte for hazardous wastes and for future pilings. This is not ready to approve because HUD requires 2 quotes so another will have to be obtained. No action was taken on this item. 28 February 14, 1984 pAYMENT OF BILLS The bills were presented for consideration. Peter~on moved and Jessen seconded a motion' to approve payment of the bills as presented on the pre-list in the amount of $170,955.81. Paulsen moved and Jessen seconded a motion to amend the previous motion deleting the bill from Bonestroo, Rosene, Anderlik in the amount of $6,500.00. Discusssion followed. Councilmember Paulsen stated he did not think the public works building study was objective or was an independent Study. He felt the Staff made certain recommendations and that was all the company studied. The criteria was se.t by the Staff and therefore it was not an independent study. A roll call vote on the amendment to the motion was I in favor with Charon, Jessen,.Peterson and Polston voting nay. Motion defeated. A roll call vote on the original motion was 4 in favor with Mayor Polston abstaining. Motion carried. SET DATE FOR PUBLIC HEARING; CONDITIONAL USE,,PERMIT FOR 2 BUSI- ,NESSES AT ~9)8 AUDITOR'S ROAD Jessen moved and Peterson seconded a motion to set Tuesday, March 13, 1984, at 7:30 P.M. for a public hearing on the application for a Conditional Use Permit for two businesses: 1) a sailboard storage and sales area and 2) a cabinet shop to be located at 5558 Auditor's Road. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC ~EARING; PROPOSED VACATION OF ALLEY FROM GRANDVIEW BLVD, TO, SUNSET ROAD ABUTTING WEST SIDE OF LOT 36, MOUND ADDITION Charon moved and Peterson seconded a motion to set Tuesday, March 13, 1984, at 7:30 P.M. for a public hearing to consider the vacation of the alley from Grandview Blvd. to Sunset Road abutting the west side of Lot 36, Mound Addition. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING; CONDITIONAL.USE,,,PERMIT TO ALLOW DOUBLING THE HEIGHT OF EXISTING,ANTENNA TOWER TO 80 FEET AT ~385 WILSHIRE BLVD, Charon moved and Jessen seconded a motion to set Tuesday, March 13, 1984, at 7:30 P.M. for a public hearing on the application for a Conditional Use Permit to allow 29 February 14, 1984 doubling the height of the existing antenna tower to 80 feet at 2385 Wilshire Blvd. The vote was unanimously in {avor. Motion carried. RESOLUTION TO ALLOW PLANNING COMMISSION TO HOLD PUBLIC HEARINGS The City Manager explained that the Planning Commission believes it would be advantageous for them in making their recommendations to the City Council to notify all property.owners and ·have a public hearing at the Planning Commission level. They feel it may clear up some of the misunderstandings people have with each other on matters that require a public hearing. The Council agreed this would be a good idea to try. The Planning Commission would like to try this for 6 months and see how it goes. If everything goes as planned then the Council could change the ordinance relating to this. Peterson moved and Paulsen seconded the following resolution: RESOLUTION ~84-2~ RESOLUTION ALLOWING THE MOUND PLANNING COMMISSION'TO HOLD PUBLIC HEARINGS FOR SIX MONTHS The vote was unanimously in favor. MISCELLANEOUS/INFORMATION Motion carried. A. 1984 League of Cities Cegislative Conference information. B. Report from Senator Boschwitz' office on taxes· C. Senior Citizen housing application material. D. Senior Citizen February Newsletter. E. Hennepin CoUnty Transportation notes. F. February Westonka Chamber Waves Newsletter. G. Metropolitan Council Reviews January 13, 1984 & J~nuary 27, 1984. H. 1984 Revenue Sharing information. I. Minnehaha Creek Watershed District materials. J. Legion Post #398 Gam'~ling Report. K. School District #277 Minutes January 9, 1984. L. Year End Police report. 3O February 14, 1984 Letter of thanks from BCA. Letter of thanks from Marie A. SPlettztaszer. Monthly newsletter from Ehlers & Associates. Paulsen moved and Charon seconded a motion to adjourn at 11:'00 P.M. The vote was unanimously 'in favor. .Motion carried. Jon Elam, City Manager Fran Clark, City Clerk BILLS ..... FEBRUARY 14, 1984 A & K Construction Amundson Construction Ronal d. Bostrom Ronald Bost rom. (;eral d Babb John Beauchamp Holly Bostrom Bonestroo, Rosene, Anderlik Commissioner Of Revenue Contel (;ary Cayo Kirk Corson Bill Clark Oil Construction Bulletin DetrCit Lakes Fi re Dept John Ewal d Ekl und Co. Firstline Tours (;riggs Cooper Steve Grand Henn Co. Treas' Henn Co. Treas Henn Co. Chiefs of Police Hastings Bldrs Johnson Bros. Liquor Herman Kraft League of MN Cities League of MN Cities Metro Waste Control MN Industrial Developm Assn Mound Po§tmaster Metro Waste Control Mound Postmaster MN Alcohol Traffic Safety Nat'l League of Cities N.S.P. Ed Phillips & Sons Quality Wine P.E.R.A. Dwayne Platzer Wm Roth Real One Acquisition Sunwood Inn State Treasurer State Treasurer James Thompson Univ of MN R.L. Youngdahl Florence Zettergren Air Comm All Star Electric Earl F. Andersen & Assoc Amsterdam Printing Acro-MN Areawide Locksmi th Anderson Upholstery Butch's Bar Supply. Blackowiak & Son 5,892.59 707.2O 12.18 8.70 114.57 134.31 332.00 6,500.00 6,236.13 1,240.59 25.45 99.52 196.02 49.50 420.00 3.25 500.O0 1,250.O0 5~412.31 57.58 2,466.19 3,900. oo 220.00 97.30 5,431.93 9.68 129.50 13.O0 420.75 85.00 100.00 29,~86.80 175.O0 72.50 1,015.00 4,688.55 3,328.97 3,556.15 3.34 lo9.97 13.00 1,16o.82 59.41 1.14 484.79 1,165.35 20.00 2~813.00 55.66 .. 114.00 '' 539.05 186.65 44.66 243.57 94.43 45.OO 182.00 95.50 Burlington Northern Donald Bryce Babler Auto Bryan Rock Products Berry Auto Bob' s Bal t Bradley Exterminatlng Bowman Barnes Jan Bertrand Cargill Salt Conway Fi re & Safety Bill Clark 0il Coast to Coast Curtis 1000 Coca Cola Bottling Clutch & U-Jolnt Fran Clark City Club Distributing City Wide Services Robert Cheney Davies Water Equipment Dependable Services Day Distributing East Side Beverage Feed-Rite Controls Fi re Engineering 'G 1 enwood Ing 1 ewood Henn Co. Treasurer Herb's Typewriter Serv. Henn Co. Chiefs of Police Henn Co. Sheriffs Dept J.B. Distributing Island Park Skelly Jude Candy Kennedy Brush Lowel 1 ' s L.O.G.I.S. Thi~ Laker Long Lake Ford Tractor Lakeland Ford Truck Sharon Legg Lehn Electric MacQueen Equi pment Marina Auto Parts - McCombs-Knutson Mound Fire Dept Mi nnegasco Wm Muel 1 er MN Dept Public Safety Meyers Mound Service Mack Truck Metro Fone Mpls Star & Tribune MN State Fire Chiefs Assn MN Rescue & 1st Aid Mound Body Shop Minn Comm Mpls Oxygen Co. Martins Navarre 66 533.33 100.00 100.O0 193.83 17.45 6.31 19.00 166.44 11.56 1,455.72 627.00 2,205.69 107.74 240.19 145.80 325.00 22.54 2,O15.48 10.75 367.00 2,885.00 33.00 2,339.O7 2,896.30 94.57 14.95 38.25 265.80 37.90 215.00 45.67 99.48 957.54 10.15 1,910.00 51.54 4,414.06 218.22 142.68 177.47 33.06 197.04 260.75 403.42 4,380.00 4,731.50 1,842.53 1,178.86 40.00. 156.00 1,223.15 23.60 72.O0 75.OO 25.OO 5OO.OO 287.50 36.81 42.00 3 3 (cont) BILLS ...... FEBRUARY 14, 1984 (cont) Navarre Hardware 209.28 N.S.P. ~. 5,323.36 A.J. Ogle Co. 1,578.20 Pepsi-Cola Bottling 141.15 Pogreba Distributing 3,112.75 Pitney Bowes Credit 26.00 P)tne¥ Bowes 59.25 Paragon Electrljc Co. 41.§0 Bob Ryan Ford 33.08 RustJque Decorating 46.14 St Cloud Univ. 745.00 Nels Schernau 9.59 Shepherds Rental Rugs 28.95 Francis Salden Repair 38.00 Schnapp Plumbing 405.00 Twin City Home Juice 32.56 Thurk Bros. Chev 21.64 Tri State Dri'lling 419.68 Thorpe Distributing 4.,879.50 Tale-Terminals. 66.91 Unitog Rental 279.45 Village Chevrolet 36.64 'United Business Machines 16.69 Viking Industrial 123.93' Widmer Bros. 1,474.50 Wate.rous Co. 169.89 Westonka Chamber Commerce 50.00 Western Area Fire Train. Acad 1,241.OO Xerox Corp 948.97 Director of Property Taxation 6.14 Geotechnical Engineering 140.O0 Henn. Co. Treasurer 682.50 Eugene Hickok & Assoc 789.80 Harmon Glass ~ 15.00 Henn Co. Sheriff Dept 382.04 Heiman Fire Equip 33.00 McCombs-Knutson 2,853.00 Minnegasco 450.77 Mound Medical Clinic 49.50 Mpls Oxygen Co. 21.00 Martins Navarre 66 35.00 N.S.P. 60.32 Popham Haik Schnobr|ch 844.60 Peat, Marwick 1,000.O0 Reo Raj Kennels 138.OO REal One Acquisition 217.69 St. Cloud State Unlv Stallmans Repair Sprlng Park Grocery Wurst, Pearson, Hamilton Widmer Bros. Xerox Corp TOTAL BILLS 447.00 27.50 )0.o0 5,760.5o ),o59.oo 1,009.28 170,955.81 11 013 1677 41 11 016 1721 32 11 016 1749 41 11 022 1610 61 11 025 1604 21 11 025 1637 32 11 028 1584 O1 11 028 1610 31 11 046 1742 61 11 O46 1746 71 11 058 5000 01 11 058 5043 O1 11 067 1904 81 11 067 1952 71 11 O70 1944 81 11 082 1767 81 11 085 4960 91 11 085 4987 21 11 094 2044 61 11 103 5984 91 11 112 5912 11 11 169 6348 71 11 175 5444 21 11 784 2050 21 11 190 2172 11 11 193 2146 91 11 196 2148 82 11 199 2149 O1 11 205 5513 91 11 205 5517 O1 Delinquent Water and Sewer $ 74.58 81.62 238.38 117.06 48.70 79.70 86.84 81.12 58.26 98.76 172.54 76.41 90.66 27.40 87.46 330.12 76.20 38.58 66.00 71.o4 99.40 113.78 91.91 74.O6 7O.O8 81.90 78.50 104.43 55.98 58.10 2-21-84 WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD A. THO~4,$ WURST, P.A. THO~A~ F. UNDERWOOD, ROG~ J. MINNEAPOLIS, MINNESOTA February 17, 1984 T£L£ I=~HONI: (612) 338- 4~'O0 Mayor, City Council and City Manager City of Mound, Minnesota Re: A1 and Alma's Conditional.Use Permit Ladies and Gentlemen: At the Council meeting on February 14, 1984, a two hour public hearing occurred regarding the issuance of permits for A1 and Alma's. They were applying for a permit to use property in a residential area with a residential zoning to serve property in a commercial district. At the conclusion of the hearing, I was directed to prepare a resolution and to incorporate most of the items from last.year, the planning commission suggestions, and the suggestions of various members of the Council. I am enclosing herewith a proposed resolution for your consideration. I am trying To get this to you at the very earliest opportunity so that you will have plenty of time to study this prior to the next meeting. It is extremely important that the Council read the resolution and, review the conditions which are to apply to the two separate permits. The City Council can only act when three members agree on some policy statement, and in an area as controversial as this permit is located, we should attempt to be as exact as possible. I would suggest that the Council review this, and if the Council members have areas they feel should be expanded or deleted, they can move to do so at the meeting or contact me in advance and I can pre- pare an alternative resolution. I want to stress a couple of points: 1. The permits will not be issued without approval of the Lake Minnetonka Conservation District. 2. The parking lots will have to be brought into.,conformance, and I am asking the City's. staff to get copies of the conditional use permit which apply to prior request so that that can be made a part of this request. WURST, PEARSON, HAMILTON, I. ARSON & UNDERWOOD Page 2 Mayor, City Council and City Manager February 17, 1984 3. I have provided for a bond or cash deposit in the last paragraph of this resolution, but I am not sure this is what the Council had in mind as to the amount of the bond and what the bond was intended to control. If you have questions, about the resolution or any portion thereof, please feel free to-contact me. Very truly yours, Curtis A. Pearson, City Attorney CAP:Ih Enclosure RI~OLUTION NO. A R~LUTION APPROVING A OONDITIONAL USE PERMIT TO CONSTRUCT DOCKS IN A RESIDENTIAL AREA (LOT 25, WHIPPLE SHORES, AND LOT 1, BLOCK 3, WHIPPLE) TO SERVE PROPERTY LOCATF/) IN A BUSINF. SS DISTRICr AND TO APPROYE THE STORAGE OF FOUR BOATS ON LOTS 22 AND 23, WHIPPLE SHORES, AND MAKING RECOMMI~A~IDATIONS TO THE LAKE MINNI~ONKA CONSERVATION DISTRIC~I' WI~F~REAS, A1 and Alma's is a restaurant located at 5201 Piper Road, and said restaurant is now owned and operated by Daryl C. and Merritt Geyen, and WHEREAS, the Geyens also have acquired and own Lots 22, 23 and 25 of Whipple Shores and Lot 1, Block 3, Whipple, and WI~REAS, the Geyens purchased A1 and Alma's from J. W. Nolan who previously operated the restaurant and a commercial dock which was located on Lot 25, Whipple Shores, and Lot 1, Block 3, Whipple, all of which was authorized by this Council in Resolution 81-149, and WHEREAS, A1 and Alma's also owns and operates a parking lot on Lots 22 and 23, Block 9, Whipple, and said parking lot was constructed pursuant to Conditional Use Permits issued by this Council, and WHEREAS, the Geyens have now purchased Lots 22 and 23 of Whipple Shores and have applied to this Council for a dock to be constructed on these residential lots and to serve commercial property, all pursuant to Section 23.413 of the City Code, and WHEREAS, neighboring property owners have expressed concerns about not expanding the commercial establishment into the residential areas through the utilization of residential properties to serve A1 and Alma's Restaurant, and WHEREAS, the City Council conducted a public hearing on February 14, 1984, and listened to members of the public and to the applicants express their proposals, and WHEREAS, the City Council is willing to renew a conditional use permit for the Geyens along terms which are similar to those established by Resolution 81-149 for Nolans, but the City Council is reluctant to authorize the expansion of the commercial use by the construction of a commercial dock on Lots 22 and 23 but is willing to authorize a permit in tha_t location for the storage of four excursion cruise boats owned by Daryl C. and Merritt Geyen, but any permit on any of these lots must be subject to all of the safety conditions and to approval of the Lake Minnetonka Conservation District. NOW, THEREFORE, Be it resolved by the City Couneil of the City of Mound, Minnesota, as follows: 1. A commercial dock re'ay be located on Lot 25, Whipple Shores, and Lot 1, Block 3, Whipple, pursuant to Section 23.413 of the City Code and consistent with the dock as it was constructed in 1983 when owned by J. W. Nolan, and subject to the following conditions: ae There shall be no further expansion of these docks over the plan approved and on file with the City. The permit shall run to Daryl C. and Merritt Geyen, owners of A1 and Alma's Restaurant at 5201 Piper Road. If the business is sold, this permit shall immediately terminate and any new owner will have to apply for a new conditional use permit. That the monuments constructed pursuant to Resolution 81-149 be located and retained in place so that the dock will be placed in the same location each year. The Council finds pursuant to the Ordinance that the residential 'property is within 300 feet of the commercial property line of Al 'and Alma's Restaurant. No boat~'~hall De moore~l at the~ ' o-d~eks for any period in excess of four hours. ge h® No gas, oil or other product may be sold from the dock and no servicing of boats will be permitted. The gas tank for boat gas currently installed op Lot 1, Block 3, Whipple, shall 'be removed and the landscape repaired. ~.~L2.2~.~.-.. The owners may ~o'flstruct one sign for identif'wation, but-it shall not exceed a total of ~ix:square feet in size. Ingress and egress from and over the residential properties shall be restricted to the properties owned by Daryl C. and Merritt Geyen, and adequate safeguards shall be provided so that persons docking their boats will not trespass on private property or on Chester Park or any other public property except for properly designated streets or sidewalks. The owners shall be required to apply for a permit and comply with all standards and requirements of the Lake Minnetonka Conservation District. Until said approval is obtained and filed with the City of Mound, this permit shall not become effective. k. Daryl C. and Merritt Geyen shall be required to bring their parking lot into conformance with all the provisions set forth in the previously issued conditional use permits which are attached hereto and made'a part of this permit. ~ ~~~'~r,_~~O,~- 2. The City of Mound does approve the construction of a dock in front of Lots 22 and 23, Whipple Shores, which properties are owned by Daryl C. and Merritt Geyen, but said dock is subject to the following restrictions and conditions: The dock shall be an H shaped dock as shown on the submitted design attached hereto and marked Exhibit B. This dock shall be constructed for the sole purpose of docking four cruise boats owned by Daryl C. and Merritt Geyen, and said cruise boats may be stored in this area only if this permit is approved by the Lake Minnetonka Conservation District~ The conditional use permit being granted to Lots 22 and 23 shall be only for the excursion boats, whereas the conditional use permit granted in Section I of this Resolution shall in effect serve transient boaters utilizing the docks who come to A1 and Alma's for restaurant service. b. There shall be no loading or unloading of passengers from the docks located on ' Lots 22 and 23, Whipple Shores and this area shall be used solely for storage of ~. THOMAS WLJRST, CURTIS A. PEARSON, ~.A. JOSEPH E. HAI~41LTON, ,--lamE5 D. LAR$ON, P.A. THOMAS ~, UNDE, RWOOD, F;~OGER J. FELLOWS LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD MINNEAPOLIS, MINNESOTA 5540= February 23, 1984 TELEPHONIC (612) 338- ~200 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: A1 and Alma'.s Dock Permit Dear Jon: Councilmember Pinky Charon called me to discuss the final page of the A1 and Alma's Dock Permit. She had several concerns and I have tried to revise that page to answer those concerns. 1. In subparagraph (c), we have indicated that the four boats may be stored on that property for 24 hours each day. 2. We have inserted a provision which requires the owner to place a sign on the docks indicating that there is no parking except for the cruise boats. 3; We have changed the format of the resolution to make it clear that the posts, barriers, etc. along with fencing, is to be provided on bOth of the docks to prevent swimmers from climbing, diving, or jumping from the docks. I think these are all good points raised by Pinky and I have revised the resolution accordingly and enclose herewith a new final page, and I would appreciate it if you would send that out to the councilmembers with their agenda items. Verff truly yours, . zs A. P~arson City Attorney CAP: ih Enclosure cc: Ms. Pinky Charon Ce Any lights constructed near the dock area on Lots ii and Ill shall be in such a manner that there shall be no disturbance to neighboring properties. The criteria set forth in Section 23.505 of the City's zoning code shall apply to both docks. There shall be no commercial parking on Lots 22 and 23, Whipple Shores, but these four boats may be stored for 24 hours each day. The maximum number of boats which may be stored in front of Lots 22 and 23 shall be four, and the maximum length shall be 51 feet for any boat, and only these boats may be stored on the property.. de A sign shah be pla,ed on this dock indicating that no parking of boats is allowed except for the four designated cruise boats. 3. Tbere-shali-t)e-no-doekal~e--iYh--the 'S/d~' °f ~ither ~--~este~--Par~k..~wimmi~ area ownedby-the.~ty~.~, ~ permanent posts ~d barre~ will be installed ~ the owner ~ such a manner as to prevent boats from .enter~g the swimming area~i C~nem~ w~ be prowded on both d~ to prevent swimmers from climbing onto the doc~ or from div~g or jump~g from the doe~. 4. No gas, oil, or other products may be sold from either of the docks, and no servicing of any boats will be permitted. 5. The applicants shah maintain all beach areas in a neat and clean manner, and when A1 and Alma's Restaurant is ope~.~,.,~ock hands shah be on the dock from 5:00 p.m. on week-days until closing, and from~~.m, on Saturdays and Sundays until closing to assist boat owners in landing and using the transient docks. It shall also be the responsibility of these dock hands to make sure that the transient boaters are not utilizing the docks in front of Lots 22 and 23, Whipple Shores, which as previously stated is exclusively for storage of the Geyen excursion boats. 6. The applicants shall file with the City Clerk-Treasurer a performance bond or cash deposit in the sum of $...~a~_:~___ on or before April 1, 1984, and said bond or funds shall be held until the Lake Minnetonka Conservation District has issued their approval and the docks have been inspected and approved by the City Dock Inspector at which time the funds shah be released to the Geyens, If the docks are not in compliance with this permit, the City may utilize said performance bond or funds to bring them into compliance or may immediately revoke the permit for these docks. Any lights constructed near the dock area on Lots 22 and 23 shall be in such a manner that there shall be no disturbance to neighboring The criteria set forth in Section 23.505 of the City's zonin apply to both docks. There shall be no commercial parking on Lots and 23, Whipple Shores. 1 maximum number of boats which may be in front of Lots 22 and 23 be four, and the maximum length 51 feet for any boat. de There shall dockage on the side of the which abut the Chester Park swimming area by the City of Moun¢ permanent posts and barrels will be installed the owner in such manner as to prevent boats from entering the area. No gas, oil, or other ets may 'boats will be permitted from the dock, and no servicing of the 3. The applicants shall maintai beach areas in a neat and clean manner, and when A1 and Alma's Restaurant is open, be on the dock from 5:00 p.m. on week- days until closing, and from 4:00 p.m. on until closing to assist boat owners in landing and using the transient docks./., shall also responsibility of these dock hands to make sure that the transient boaters are/dot utilizing the ts in front of Lots 22 and 23, Whipple Shores, which as previously stated/~_exclusively f~r' ~f the Geyen excursion boats. 4. The applicants sl~ll file with the City rk-Tr~.asurer a performance bond or cash deposit in the sum of $____~ ....... on or before April 1, ~l~84, and said bond or funds ~hall be held until the Lake Min)getonka Conservation District has iss.~d their approval and the i~[]ocks have been inspected and ~)proved by the City Dock Inspector at ~ time the funds shall be released to the Geyens. ~ the docks are not in compliance with 1 )ermit, the City may utilize said performance bon~or funds to bring them into compliance or ~mediately revoke the permit for these doc~ 33 ' July 17, 1979 .Coun¢ilmember Ulrick moved the following resolution, RESOLUTION NO. 79 - 290 RESOLUTION TO APRROVE THE AMENDED PARKING LOT PLAN FOR AL AND ALMA'S WHEREAS, Mr."Bud" Nolan, owner of business known as A1 and Alma'.s Restaurant, located at 5201 Piper Road, has presented Council with plans for ex- pa'nsion of parking area, and WHEREAS, said plans had been amended and resubmitted 'to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council do;s hereby authorize and approve the amended'par~in§ lot pl'an as submitted for A1 and Alma's. A motion fOr-the adoption of the'foregoing resolution.was duly seconded by Councilmember Swenson and upon vote being taken thereon, the following voted in · favor thereof; Lovaasen, Swenson and Ulrick, the followl, ng voted against the same; none, with Polston and Withhart being absent. Whereupon, said resolution was declared passed and adopted,.signed by the Mayor'and his signature attested by the City Clerk. s/Tim Lovaasen Mayor Attest;~City Clerk RESOLUTION NO. 7o-189 RESOLUTICN GPJ~NTING SPFDIAL USE PEPJ~IT FOR PARKING IN A PJ~SIDENTIAL USE AP~EA (Al & Alma's) 70-189 7-14-70 WHEP~EAS, a public hearing was held on July 14, 1970 at the VillaEe Ha3_l in Island Park to hear a proposal to establish off street parkinE as a use by special permit on Lots 20, 21, 22, 23, 25,- 'and 26, Block 9, %%uipple, for A1 and Alma' s, NO~, THERE..~3RE, BE IT RESOLVED BY T..IE VILLkGE COUNCIL OF M3LR'D, t~UND, -. MII~NESOTA: That A1 and Almm's be authorized, to use Lots 20,21~22,23,25 and - 26, Ble. ck 9, %;~ipple, zoned !~sidential A-2, as a parking lot by special use permit. BE IT. FUP. TM'EH RESOLVED: "'-'- .... That Site Plan marked, "Exhibit A" attached hereto and made a '. ': part hereof amended to a~low a va~_ance as to front yard · : setback, said setback tobe 15 feet measured parallel to 'lh.tx~do P~ad, requiring all setback areas to be sodded and subject to all other pro,rlsions of Sec. 23.011 Sulxt. (d) Subsection ten (10)'~ .. of the Zoning Ordinance, be approved. Adopted by the VillaEe 'Council this 14th ~day ~f.':~u~y, 1970' 70-189 7-14-70 00. O' ,! HANOVER ROAD CASE NO. 84-305 CITY OF MOUND Mound, Minnesota 'Planning Commission Agenda of February 13, 1984: Board of Appeals .... .Applicant: Case No. 84-305 Jacques W. Gibbs, Nancy Gardner Location: 4901 Three Points Boulevard' 490! Three Points Boulevard Legal Desc.: Lots 1 & 2, Block 4, Shadywood .Mound, MN. 55364 Point Phone: 343-2532/332-2270-. Eequest: Lakeshore & Front Yard Setback Variances Zoning Dist.: The applicant is requesting an addition to the existing.home, remov'ing the existing entry, remodeling and renovating the existing home for an estimated $150,000. The Zoning Ordinance setbacks for the R-2 district require a'20 foot street'front set- back for the principal structure, a 50.foot-lakeshore'setback from the Mean High Water elevation and the' accessory building setback of 8 feet to the property line, when the -garage doors face the side lot line. .. The site is set on a'knoll just to the east.of the improved public right-of-way. The'line extending northwest from the existing d'riveway depicts the end of the pave- ment~ The City has some dockage'to'the northwest of the improved street. The Three Points Boulevard right-of-way extending to the "point".will not, in all probability, be improved. The lot is configured in,such a way that, if the house was set back further from the right-of-way, it Would encroach.on the required lakeshore setback. Recommend: i Would recommend t'hat the 8 foot se.thank,' 17 'foot lakes~ore setback, · and recognize the'existing accessory building 7.4 foot setback variances be granted upon the condition that-the structure be brought to current building, electric, plumbing and heating codes. The flood plain eleva- tion of 933.50.H.W. be maintained. The abutting neighbors have been notified. C~~ (,,-,,.,,.,~ ¥~~,~ ~ ....... _~ ..... .. ~'Ja n Bertrand Buildlng Official JB/ms Case No. 84-305 Planning Commission Minutes of Feb. 13, 1~84 'ca'~e No. 84s305 ..... Lakeshore & Front['yard.Setback.Variances for 4901 Three Points Blvd. Lot.s. 1 and 2, Block 4, Shadywood P~.int Len Lampert,.Architect for Gibbs and Gardner, was.present. The ~uilding .Offi'cial-explained t.he p'ropert'y'is located right at. point of Three Points Boulevard. The right-of-way_.is platted at 66 feet wide,.bu't as the shore- line cha~ges so does.the'width.all'~he way o6t..The present garage is..6.foot off the lot line (it is two story structure s~t-tlng just off of right-of-way). In 1980,. they were;granted a.variance for an unenclosed'deck which was never built. House line is not going to.'changelthat.much. Lampert .showed a.model of proposed ouse - particularly Fool lines. 'Front entry would be a little closer.to lot line. remodeling plans are to be quite extensive,-about $150,000. Lampert'explained plans and does not. believe i.t obstructs any views" There will be no' deck. A patio will be constructed on grade. Discussed setback:,variances required. Reese moved and Jensen seconded a mot'i.on.'to move the Staff recom~endat'ions With the exception of the last sentence.(deck not be enclosed--as not applicable) · The vote was unanimously .in 'favor. Council to hea'r this on.February 28th a~enda. 3¥¥ cITY or HOUND [FE' ¥ DN'T°' PL "NiN '.'&-zON NG''''c0H 'ss Please type the following information) ty 4901. Three Points Boulevard 2." Legal Description of propertY: .Lots A'dd i t ion Shadywood Point l"& 2 Owner's Name 'Jacques W. Gibbs, Nancy Gardner. Address Application NO. Fee paid ~o.o ~ _ D~.te Filed .... /-J.?-J'-7r Block 4 13117-2411'0129 PID No~ 543-2532 Day Phone No. 332-2270 4901 Three Points Blvd· Mound, Mn. 55364 Applicant (if other than owner): Name Address Day Phone No. Type of Request: (X) Variance ( ).Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit -( ) P.U.D. ..% ) Amendment ) Sign Permit )*Other *If other, specify: 6; Present Zoning District R ~ 2 7. Existing Use(s) of Property .Single Family Residence 8..Has an application ever been made for zoning, ~ariance, or conditional use permit or · other zoning procedure for this property? ~es If so, list date(s) of ' list date(s) of application, action taken and provide Resolution No.(s) Resolution ~o. 80-395~ app:gved .~0/1980 Copies of previous resolutions shall accompany present request. I certify that all of the above statements and-the statements contained in any required papers or plans to be submitted herewith are true and accurate. '1 consent to the entry in or'upon the premises'described in this appHcatlon by any authorized official of the City of Hound for the purpose of inspecting, or of posting, maintaining and [emovin~*such notices as may be required by law./(~ ~/ ,~ ,/% Signature of ApplicantY. ~/)A PA~ · Date..~{ Plannjng Commission Reco dot o : ' - Date 2-I)-84 Council Action:' Resolution No. Date 84-305 - Loca~ion of: Signs, easements~ underground utilities, etc. £. Indicate North' compass direction .~. Any additional inforr~:ion as may reasonably bt required bY [h~ City $~aff and applicable Sections of the Zoning ~rdinance. III. Request for a Zonln~ Variance A. kll..i~formatlon below, a site plan, as described in Part II, and general appllcat~gn'must be provided before a hearing.will be scheduled. B. Does .the present use ~f.the property'conform to all use regulations for the zone district in ~hich it is 'located? Yes (X .) Jla ( )' If "no", specify each n~n-conforming use: , -C. Do .the existing-structures comply, with all area height and bulk.~egulatlons for the zone district in'which i't'is'.located? Yes (X) No' ( ) If !'no", specify each non-conforming'use: Which unique physical characteristics of the subject property prevent~lts' reasonable use for any of the.uses.permitted in that zoning.district? ( ) .Too qarrow (.) Topography .( ) Soil ( ) Too. small ' :. -( )' Drainage.. (.) Sub-surface ( ) Too shallow (X) Shape ( ) Other: Specify: E..Was-the' hardship described ab~ 'create~ by the a~tlon of anyone having pcoperty interests in the land afte~ ~he Zohing Ordinance w~s adopted? Yes' ( ) No (X.) If yes, explain: Was' the hardship created by"any"other ~n-made change, such as the reloca- .tiaa of a road?- Yes ( ) No (X') If yes, explain: Are the conditions of hardship for'which:you request a'variance peculiar only to the property described'in this petition? Yes (X)" No ( ) If no, how many other properties are similarly a'ffected~ H..What is the "minimum" modification ·(variance) from the area-bulk regulatlons that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, i'f necessary.) See attached description Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? " No · Leonard Lampert Architects P.A; CASE NO. 84-305 430 First Avenue North Minneapolis, MN 55401' Phone 612/340-0504 ill. Request for. a z'onin~' variance H..The minimum modifications from the area-bulk regulations are: a 33' setback from the lake shoreline and a 12' setback from the Northwest property line. Both of these setback variances are requested for an addition to the existing home. We are removing the existing entry vestibule and the North end of the house is set at an angle away from the property line. Both of these design features are intended to pull'the mass of the house away from the property line. Of LOtS 1, 2, ~nd~f Elock 4, S?~dy~oo~ Point Hennepin County, ~nneso~a · hereby certify that this is ~ true and correct repre-..ent~.tion of ~ survey 0£ the bound=ties of ~%s 1, 2, ~nd 3, Eloek 4, Si.ady;'oc~ Point, and the [o~'a~:n cf ~t! e~.ist~nc L~iL'injs thereon. I% coe$ nn% ~%;r~r% %o ~ho'~ other im~rove~n%s o~.~nerm~cnmen%~. 'ON -! October 14, 1980 Councilmember Lovaasen moved the following resolution, RESOLUTION NO. 80-395 CASE NO. RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNIN~ COMMISSION WITH THE STIPULA- TION THAT THE DECK NEVER BE ENCLOSED & DUE TO A TOPOGRAPHICAL & PLATTING HAROSHIP WHEREAS, Jacques Gibbs of 4901 Three Points Blvd% owner of property legally described as Lots 1, 2 & 3, Block 4, Shadywood Point, Plat 61980, Pa.rcels 1540, 1560 & 1580 with PID Nos. 13-117-24 11 0006, 0007 and 0008 has requested 1,aRe front variance and street front variance for expansion of existing structure, and WHEREAS, it was. brought out that a permit should also be obtained from the Water- shed District, and WHEREAS, Planning Commission has approved of the request. NOW, THEREFORe, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council concurs with the recommendation of the Planning Commission to approve an 11 foot street front variance and a 29 foot lake front variance, allowing expansion of house to the North by 10 feet, in line With existing wall. Be it further noted that the non-conformancy of the existing garage is recogni'zed and that the deck NEVER be enclosed. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston, Swenson', Ulrick and Withhart, the following voted against the same;.none, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. s/Tim Lovaasen Mayor Attest~ City Clerk CMC 33'0 RESOLUTION NO. PROPOSED RESOLUTION CASE NO. 84-305 RESOLUTION TO APPROVE VARIANCES TO LAKESHORE UNIMPROVED PUBLIC RIGHT-OF-WAY, AND EXISTING NONCONFORMING SETBACK OF AN ACCESSORY BUILDING FOR LOTS 1 & 2, BLOCK 4, SHADY- WOOD POINT (4901 THREE POINTS BOULEVARD) WHEREAS, the owner, Jacques W. Gibbs and Nancy Gardner, of the property described as Lots i & 2, Block 4, Shadywood Point, PID 13-117-24 11 0129, has applied fo~ setback variances to allow the construction o'f an addition, ~eplace the present entry, and to do structural remodeling to the existing structure, and WHEREAS, the existing accessory building is 0.6 feet to the Three Points right-of- way and the Zoning Ordinance requires 8 feet for lakeshore lots; the principal structure will.be setback 33 feet to the lakeshore and the Zoning Ordinance requires a 50 foot setback; and the unimproved Three Points Boulevard setback is 12 feet to the principal building with the Zoning Ordinance requiring a 20 foot setback for the R-2 Zoning District, and WHEREAS, the Planning Commission has recommended approval, with conditions, of the requested variances, due to the shape of the lots and the unimproved portion of the platted right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the City Council does hereby approve the variances as requested shown on Exhibit A and previously described, upon the following conditions for Lots I and 2, Block 4, Shadywood Point (4901 Three Points Boulevard): 1. The present parcel shall not be reduced in areal 2. The accessory building, if structurally altered or expanded, will require another variance approval. 3. The structure and addition will remain above the minimum flood plain elevation of 933.5 at the lowest floo~ and/or basement floor. 4. The total structure, existing and addition, will be brought to minimum current building, energy, electric, plumbing and heating codes. PROPOSED RESOLUTION Case No. 84-305 R~OLUTION TO APPROVE A VARIANCE AND TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOTS 1 AND 2, BLOCK 4 SHADYWOOD POINT-PID #13-117-24 11 O129 WHEREAS, Jacques W. Gibbs and Nancy Gardner, the owner of property described as Lots 1 and 2, Block 4, Shadywood Point (4901 Three Points Blvd.) has applied for a variances to allow the setbacks to lakeshore,street front and recognize the existing accessory structure nonconforming setback to do structural remodeling and construct an addition to the home, and WHEREAS, Exhibit A has also been submitted to indicate the requested setbacks of 33 feet to lakeshore, 12 feet to the unimproved Three Poi~s Boulevard right-of-way, and 0.6 feet to an existing accessory building, and WHEREAS, the City Code requires a 50 foot setback to lakeshore for the principal structure, a 20 foot setback to the public right-of-way, and an 8 foot setback to an accessory structure with the doors facing the side lot line, and WHEREAS, the Planning Commission has reviewed the request and does recommend approval due to the shape of the lot and the public right-of-way being unimproved upon conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota does hereby approve the requested variances shown on Exhibit A upon the conditions that the lowest floor level of the structure be at or above the flood plain elevation of 933.5 NGVD and the existing structure be brought to compliance with the current building, electric, plumbing and heating codes, as well as the addition, for 4901 Three Points Blvd, Lots 1 and 2, Block 4, Shadywood Point. WATERSHED DISTRICT / David H. Cochran. Pres. · Albert L. Lehman · John £. Thomas * Michael R. Carroll · Camille D. Andre Permit Application No: 84-14 February 20, 1984 Applicant: Jacques Gibbs/Nancy Gardner 4901 Three Points Blvd. Mound, MN 55364 Location: City of Mound, Sec. 07CCC, Jennings Bay Purpose: Shoreline setback variance allowing a building setback of 33 feet At the regularly scheduled February 16, 1984 meeting of the Board of Managers, the subject permit application was reviewed. Action was taken allowing District staff to issue your permit only after receipt and staff approval of the following: 1. Approval of the 33-foot building'setback by the City of Mound Revised, signed site plan showing the setback dimension measured from the shoreline at the Ordinary High Water level of 929.4 NGVD, 1929 datum to the nearest point on the structure. Please be advised that no construction is authorized until you have been notified of permit issuance. Should you have ~ny questions regarding this matter please contact me at 473-4224. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District cc: Board ytyc°mber of M6und Leonard Lampert, P.A. bt CASE NO. 84-307 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of February 13, 1984: Board of Appeals 'Case No. 84-307 Location: 4831 Dale Road Legal Desc.: Lots 5, 6 & NEly.20 feet of Lot 7, Block 7, Arden Request: Lot-split Subdivision and waiver of Chapter 22 Provisions Zoning D~st.: R-2 Applicant Vern O. & Dixie L. Groves P;O. Box 452 Cokato, MN. 55321 Phone: 473-1222 The applicant is requesting a Waiver of the provisions of Chapter 22 subdivision of less than 5 acres (public hearing, escrow, etc.). The present NEly 20 feet of Lot 7 and Lot 6 are proposed to be split and added to.Lot 5 to create two 6,000 square foot parcels by platted distance. The actual measured distance is Parcel A = 5,920 square feet and Parcel B = 5,869 square feet. The existing dwelling water and sewer tie cards indicate the location. The survey indicates Parcel A's utility stub-in locations fo~ a.proposed new home to be placed 20 feet from Dale Road and 32 feet from Glasgow Road. Recommend: I recommend approval of the lot-split subdivision waiver of the Chap- ter 22 provisions of less than 5 acres and recognize the existing dwelling non-conforming setback to,the north line of Lot 5 upon the condition that the home .not be added to or expanded in the future without variance approYal. The abutting neighbors have been notified. Bertrand Bui)ding Official JB/ms Case Planning Commission Minutes of Feb. 13, 1984 Case NO. 84~307 LOt?split subdivision and waiver of Chapter 22 provisions Lots 5, 6 and NElY.20 feet of. Lot 7, Block 7, Arden Dixie GroVes was present, also Gary Gund'erson, Clay Olson and Duwayne D~rfner. The Building ~fficial explained the proposal .is a subdivision Of'the NEly 20 feet of Lot 7 and of Lot 6.,to. add onto Lot 5 to create, two 6,000 square foot pa'rcel by Platted'distance. The present home at 4831 Dale occupies. Lot 5 by itself and is .5 foot from the lot line.. The other parcel is 1/2 of Lot 7 and all of Lot 6. The survey shows measured distance, but not platted. Actual measured distance of Parcel A i~ 5,920 and of Parcel B 5,864. The neighbors,~ Gar~ Gunderson, Clay Olson'and 'Duwayne Dorfner, were presen~ t° express their concerns, over this subdivi-~ion. Lot 4 is vacant and tax forfei't. After much discussion, Byrnes summarized that the neighbors do not want a house on corner of Dale and Gl'asgow.as proposed 1") because of density and 2) because it would'block.view of intersection that they've had for so many years. Re~se moved and Jensen seconded a motion to deny. Reese stat'~d the reason to be as follows:-.Do not.want to create two undersized lots when the condition of the grandfathered gross.ly dndersiz~d Lot 5 can be corrected at a later date with the acquisition of Lot 4. .. Groves asked how she'd knOw. if they could buy Lot 4 and when it might come up? Dorfner asked if City.could require proposed house boved back so that corner. would be freed up? Gunderson.is.against shri.nking lot size. The Building Inspector advised that Lot 4 is a buildable lot as it stands. Afte.r more dis- cussion, the questio, n was called. The vote was all in favor of the denial of the subdivision except Charon who voted aga'inst. Feels.platted distance of the. ~arcels as proposed meet the ~ requirements.of the Zoning Code~.. ~ ' · Counci.1 to hear this on February 28th agenda. cAS 7 T."-,- = '[~ ,~:~APPLICATION FOR SUBDIVISION OF LAND '."---,:..." ..... :"V~ '!~,' Sec. 22.03-a ~.,J J95~ :i, ~,1 VILLAGE OF MOUND FEE $,'-0~. ~O FEE OWNER PLAT Vern O. and Dixie L Groves 37730. PID PARCEL ~5o 24-117-24 44 0077 24-117-24 44 0076 24-117-24 44 0075 Location and complete legal description of property to be divided: Lot 5' 6, and ? See Survey Block 7 ~en AdditiOn ZONING Residential To be divided as follows: See Survey {attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each 'new parcel designated by number} A WAIVER IN LOT SIZE IS REQUESTED FO.R.: New Lot No. From Square feet TO Square feet Reason: APPLICANT ADDRESS Applicant'sinterestintheproperty: (signature) 'PO Box ~52 Cokato, Minn. 55321 TEL. NO. b73-1222 DATE 1/26/8~ Owner This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: DATE 2-13-84 Proposed Resolution Case No. 84-307 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 5,6, and NEly. 20 FEET OF LOT 7 BLOCK 7, ARDEN (PID 24-117-24 44 0077, 0076, 0075) WHEREAS, an application to waive the subdivision requirements contained in Section 22.00 of the City Code has been filed with the City of Mound, and WHEREAS, said request for a waiver has been reviewed by the Planning Commission and the City Council, and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1) The request of Vern O. and Dixie L. Groves for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide property of less than five acres, described as Lots 5, 6, and NEly. 20 feet of Lot 7, All of Block 7, Arden (PID 24-117-24 44 0077, 0076 and 0075), is hereby granted to permit the subdivision in the following manner: PARCEL "A"- That part of Lot 6 and 7, Block 7, of ARDEN, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, except the southwesterly 20 feet as measured along the front and rear lines of said Lot 7 and also except that part of said Lot 6 and the remainder of Lot 7 which lies northerly of a line drawn from a point on the northeasterly line of said Lot 6 distant t00.00 feet northwesterly of the southeast corner of said Lot 6 to point on the easterly line of said southwesterly 20 feet as measured along the front and rear lines therof of said Lot 7 distant 100.O0 feet northwesterly of the southerly line of said Lot 7 as measured along said easterly line of the westerly 20 feet of Lot 7. PARCEL "BII - Lot 5, Block 7 of ARDEN, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota, and that part of Lots 6 and 7 of said Block 7 which lies northerly of a line drawn from a point on the easterly line of said Lot 6 distant 1OO.OO feet northwesterly of the southeast corner of said Lot 6 to a point on the easterly line of the southwesterly 20.00 feet of said Lot 7 as measured along the front and rear lines thereof distant 100.00 feet northwesterly of the south line of said Lot 7, as measured along said easterly line of the southwesterly 20 feet of Lot 7. 2) That any and all deficiencies be paid in full or waivers signed on parcels ~n the amount of $1,785.60 due to subdivision for unit charge and · an off-street parking area of 650 sq. ft. will be provided for Lot 5.~x-m-z~,"~ resolution to the app :'~ 0 0 0 0 CASt III /o~'-~/B 'ON 2SV3 'ON X 3S39001~4 o McCOMB$-KNUT$ON ASSOCIATES, INC. CONSULTING ENGINEERS · LAND SURVEYORS · PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 February 22, 1984 Honorable Mayor and Members of the City Council City of Mound 5341Maywood Road Mound, MN 55364 Subject: City of Mound Preliminary Engineering Report 1984 Street Improvements #6983 Dear Mayor and Council Members: As requested, we are submitting herewith a Preliminary Engineering Report for the 1984 Street Improvements. These proposed improvements consist of the Post Office site, the adjacent city parking lot, and the sections of Belmont Lane and Auditors Road adjacent to the parking lot and Post Office. If you have any questions or require additional information on anything in this report, we will be pleased to discuss this further with you at your convenience. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. William H. McCombs, P.E. WHM:aC:sj Enclosure PRELIMINARY ENGINEERING REPORT For Mound, Minnesota BELMONT LANE AND AUDITORS ROAD AT POST OFFICE 1984 STREET IMPROVEMENTS February, 1984 1984 Street Improvements It has been requested that the drive up mail boxes be relocated from in front of the post office to a better location. At this same time street im- provements and upgrading of the parking lot couid be undertaken to better regulate the traffic flow and parking. The enclosed drawings show a suggested location for the mailboxes in the parking lot adjacent to the MTC bus shelter. An alternate spot is also indicated in the southeast corner of this same park- ing lot with access from the post office property. We are proposing three alternatives for these improvements. During the 1980 Street Improvement Project, Belmont Lane and a portion of Auditors Road adjacent to the post office property were improved by paving the driven road in its present location. There were no subgrade corrections made at that time. Alternate No. I As shown on the enclosed drawing this alternate would include concrete curb and gutter not only along the street but also for the present city parking lot. This proposed construction would probably require extensive subgrade corrections. For estimating purposes, we have assumed the removal of 3 to 4 feet of material, placing of a fabric and filling to grade with good material. The actual amount Of these subgrade corrections would have to be determined after soil tests are taken. Concrete sidewalk and controlled parking would be installed along the east side of the post office property. An entrance would be added to the parking lot at the rear of the post office. Catch basins and a new reinforced concrete pipe would be required in Auditors Road. Because of the lower elevation of the post office parking lot, the north end of this pipe would continue to receive runoff from the post office site. We have estimated this alternate to cost approximately $?0,300. A copy of the estimate for this alternate is attached. Alternate No. 2 This alternate would be a scaled down version of the previous proposal. The concrete sidewalk and a small amount of concrete curb and gutter is pro- posed along the east side of the post office property. Two curbed islands would be installed at the north end of the City parking lot. The posts and parking curbs would be left in place to control the parking for this lot. We are estimating this alternate to cost approximately $13,000. Included in this cost estimate is only enough bituminous to correct the drainage at the parking created at the east side of the post office. To overlay the street and the City parking lot an additional $7,000 would be required. A copy of the de- tailed estimate for Alternate No. 2 is attached. Alternate No. 3 We have enclosed a sketch showing how Auditors Road could be realigned from Commerce Boulevard (County Road 10) east to Belmont Lane and then north to County Road 15. Because of the high cost involved, we would only recommend that Belmont Lane be added to the City's MSA system and this alternate be con- structed with MSA funds. This project could be done in phases as the City accumulates enough monies in their MSA fund to cover the cost of the construction. There are a number of difficulties that would have to be overcome. The City's Well No. i is in the proposed street and there is presently inadequate right-of-way. This well is currently the City's oldest and smallest (presently producing about 300 gpm) and it appears that it may be expendable. The cost for demolition of the ex- isting well would be covered in the project, but the City would have to stand the expense of a new well if it is required. The first 150 feet Of right-of-way east of Commerce is only 50 feet wide, whereas 60 feet is required by the state. The City can probably get a variance for the narrower right-of-way. The enclosed sketch shows an ultimate design for a parking lot along the south side of the new road. The upgrading of this existing lot would not be covered by MSA funds nor would the present lot between the post office and the MTC property. The present gravel parking lot could be left as is or developed as funds become available. If the City decides to choose this alternative, the first step is to request the addition of Belmont Lane to the ~SA system. Rre- liminary plans would then have to be submitted along with any variances required. With all the approvals required from the state', we would not foresee construction until at least the summer of 1985. We have r~ughly estimated the construction of alternative 3 for the total length from Commerce Boulevard to County Road 15 to cost $218,000. Riease note that this estimate does not include any work outside the proposed right-of-way. The upgrading of the city parking lot (adjacent to Post Office) would cost $9,800 for complete improvement or $1,000 for improvement as dis- cussed in alternate 2. We'have also attempted to develop a method of assessing the project cost to the benefitting properties for each of the alternates previously discussed. The parcel occupied by the post office was assessed $3,596.~6 for the work done as part of the 1980 Street Improvement Rroject. For discussion purposes we are showing the proposed assessments as a front foot charge rather than the combin- ation of unit, footage and area normally used 6n previous Mound projects. In alternates 1 and 2 the City of Mound has approximately 480 lineal feet of frontage and the post office site has 250 lineal feet. The cost estimate enclosed for alternate No. i includes approximately $9800.00 to be spent for up__grading the City parking lot_, therefore this amount should be deducted from the total to end up with $60,500 to be assessed. Alternate No. i would then be assessed at $83.00 per lineal foot. The proposed assessment for the post office property would be approximately $17,150. This was arrived at by multiplying 250 lineal feet x' $83.00/lineal feet for a subtotal of $20,750 and then deducting the previous assessment of $3600. The City owned parking lot would be assessed for 60 lineal feet e $83.00 or $4980.00, plus the $9800 for improvements of this lot, which amounts to a total of $14,780. The remainder of the project cost $38,370 would be assessed against the City owned property south and east of the proposed road. The cost estimate for alternate 2 included approximately $1000 for work on the City parking lot. This amount was deducted from the total estimated cost to arrive at a figure of $12,000 to be assessed over the ?30 lineal feet of frontage. This amounts to a charge of $16.50 per front foot. Since the con- struction included in this alternate is primarily for curb and gutter and sidewalk, we did not feel the post office site should be given a credit for the cost of the previous street construction. Therefore the proposed assessment against the post office site would be $4,125. The City would be assessed the remaining cost of the project or $8,875. Any of the above alternatives are technically feasible, however, we would recommend that, if the City wants to proceed with major improvements in this area, Alternate 3 is the best choice because it utilizes MSA funds to offset City cost. The Rost Office site could be assessed an equitable amount and the remainder paid by MSA funds. The City could also just move the mailbox without any other improvement or if the City wishes to clean up this area immediately, we would recommend alternate No. 2. It is possible to construct the sidewalk and curb and gutter along the east side of the post office with further upgrad- ing of the street as a MSA project. The only drawback to this would be that the CitY could not recover any of this money from the state. If the City chooses Alternate 3, additional analysis should be made to de- termine the impact on all adjacent properties. Mound, Minnesota Cost Estimate Alternate No. 1 Common Excavation Granular Fill Fabric B-618 Concrete Curb & Gutter Concrete Curb With/Sidewalk Concrete Sidewalk 18" RCP Catch Basins Bituminous Patch Mn/DOT 2331 Bituminous Leveling Mn/DOT 2341 Bituminous Overlay Mn/DOT 2341 4" Bituminous Base Course Mn/DOT 2331 Bituminous Tack Coat 2" Bituminous Wear Course Mn/DOT 2341 Relocate Mall Boxes 4" Black Dirt & Sod Landscape Islands Contingencies Quantity Unit Price Total 2200 C.Y. $3.00/CY $ 6,600 2000 C.Y. 6.00/CY 12,000 1300 S.Y. 1.20/SV 1,560 1000 L.F. 5.50/LF 5,500 125 L.F. 4.80/LF 600 1140 S.F. 2.00/SF 2,280 40 L.F. 25.00/LF 1,000 2 EACH 900.O0/EA 1,800 20 TON 60.O0/TN 1,200 30 TON 30.O0/TN 900 70 TON 40.O0/TN 2,800 320 TON 26.00/TN 8,320 70 GAL 2.00/GA 140 150 TON 28.00/TN 4,200 Lump Sum 500 950 S.Y. 2.50/SY 2,375 Lump Sum 1,500 5~325 Total Estimated. Construction Cost Engineering, Legal, Fiscal & Administrative Costs $58,600 11~700 TOTAL ESTIMATED COST ......................................... $70,300 Mound, Minnesota Cost Estimate Alternate No. 2 B-618 Concrete Curb & Gutter Concrete Curb With/Sidewalk Concrete Sidewalk Bituminous Level Course Bituminous Patch Relocate Mail Boxes 4" Black Dirt & Sod Landscape Contingencies Quantity Unit Price Total 165 L.F. 6.00/LF $ 990 130 L.F. 5.00/LF 650 · 1050 S.F. 2.00/SF 2,100 40 TON 30.O0/TN 1,200 30 TON 60.O0/TN 1,900 Lump Sum 500 400 S.Y. 2.50/SY 1,O00 Lump Sum 1,O00 Total Estimated Construction Cost Engineering, Legal, Fiscal & Administrative Costs $10,300 2~700 TOTAL ESTI~qTED COST ......................................... $13,000 CITY of MOUND February 23, 1984 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed are the two quotes for this years upgrade of a sewer lift station. You may remember that in 1982 we started upgrading sewer lift stations that have become undersized and outdated. Since all 29 stations go back to the sewer system's construction in 1965, many changes in the City have taken place. As a part of an ongoing long-term maintenance program, it was decided to upgrade and modernize one station per year. In 1982 it was the station located at Bartlett and Lakewood. In 1983 the station was on Sunset Road in The Highlands and in 1984 it's the station at Sumach Lane and Sparrow Road on Three Points. This is a very important program to continue and will mean that a continuing upgrade of the City sewer system is going on while financial stability is assured and potential problems ~re avoided well in advance. The quotes are: Tri-State Pump and Control Waldor Pump & Equip. Co. $ 9,903,00 $10,735.00 JE:fc bpi-sbabe PUMP and CONTROL Div, of Tri-State Drilling and Equipment Co, 16940 Hwy. 55 West, P.O. Box 252 Hamel, MN 55340 (612) 553-1234 CITY OF MOUND Attn.: 5341Maywood Road Mound, Minnesota 55364 QUOTATION Mr. Greg Skinner PROJECT: Renovation of air ejector type DATE OF QUOTE February 3, 1984 Lift Station to Hydr-0-Matic 'DATE OF BID OPENING Submersibl~ type - 230 voit - 3 phase SPEC. REF. ARCHT./ENGR, Gentlemen: With reference to the Subject Project, we are pleased to present for your consideration ~ur 'proposal for furnishin: the following:: ~TY. DESCRIPTION UNIT PRICE EXTENSION Lift Station C2 - BO GPM ~41' TDH Furnishing of Pumps & Controls includes: Ea. Hydr-O-Matic S4N300 - 3 H.P. 230/3 phase Ea. Duplex Control - Nema 3R - Pole Mount'with running time meters, condensation protective heaters and thermostat, hi-water alarm and lexan 100 watt red light, duplex outlet, 4 mercury floats and hanger. Standard 2 pump alternator and overload protection. Your price F.O.B. Mound Lot Labor to install pumps, coat interior of pump chamber with coal-tar epoxy, electrical installations (qot including trenching) Set Piping for above installation - includes 2 Gray BCV - 4" Ball Check Valves 4 - 2" Galvanized guide bars 15 Sets of nuts, bolts & gaskets I Lot misc. unifIanges and spacers to fit City to provide - 2 or 3, 4" pIug valves, 2 - 4" eIbows, 1 - 4" tee - to be salvaged from present station. Your price F.O.B. Mound Bypass submersibIe pump & hose - set up for temporary pumping. Yogr price F.O.B. Mound $9,903.00 TRI-I PUMP & CONTROL Company Address 3 ,7 WALDOR PUMP & EQUIPMENT CO. 9700 HUMBOLDT AVE. M I N N EAPOLIS, M N. 55431 PHONE (612) 884-5354 February 15, 1984 Mr. Greg Skinner 5431Maywood Road City .Hall Mound, MN 55364 Re: Lift Station C-2 Revisions Dear Greg: I would like to submit for your reviewal, the following proposal to upgrade the sewage pumping facility at Sumach Lane ahd Sparrow Road. EQUIPMENT Two (2) Flygt CP 3102 pumps to run on 240V 3~ service. Motors to be 5 Hp 1750 RPM. Impeller code 432 to provide 150 gpm at 43 feet TDH. Two (2) Flygt 4" HDL ball check valves One (1) Powertronics automatic duplex control panel to be identical to other units installed at Mound. Four (4) Flygt ENH-10 level sensors One (1) lot piping materials to include all necessary fittings, guide bars, flange bolts and gaskets. SERVICES One (1) lot installation labor, mileage, expenses One (1) lot bypass pumping equipment (pump, hose, check valve, and level control). One (1) lot sandblasting and painting of entire station interior with two-part coal tar epoxy, One (1) lot electrical installation labor and materials by a qualified and licensed electrician. TOTAL SELL PRICE: $10,735.00 Mr. Greg Skinner February 15, 1984 Page 2 Delivery of equipment is possible within four' (4) weeks of date of order. I offer this proposal assuming that the City of Mound will be responsible for the following items: Provide adequate traffic safety items around bypass hose and manhole. Periodically check and insure that bypass equiPment is operable just as you Would a permanent lift station. A minimum of seven (7) days is required for the paint to'cure, so the bypass will be in for at least ten (10)'days. Remove from job site all ~quiPment which is currently in this station. Provide for usa set of keys to enable us to enter.the electrical equipment and lift station. Since we Would have to schedule in the electrician and painters, several visits will be required and this would reduce the amount of unnecessary~running that you and our people would have to do. Please find enclosed all available information on. the proposed equipment. The pumps were sized with the 432 impeller whose'curve I have inCluded. Should this impeller provide too much or too little flow, we can go with smaller or larger impellers at no extra cost to you. Also note that Flygt pumps carry a 5-year warranty. I hope that this is complete enough information for you to base any comparisons or decisions upon. I also hope that the price is right. We enjoyed working with you and your-people last summer and would welcome the opportunity again. Please call if I can be of further assistance. Sincerely, WALDOR PUMP & EQUIPMENT COMPANY Pete Reardon Service Manager pr/la February 22, 1984 LICENSE RENEWALS Gambling Permit Expires Feb 1 VFW Chamberlain-Goudy #5113 Garbage Disposal Expires Feb 28 Blackowiak & Son Dependable Services Westonka Saoitation Woodlake Sanitary Cigarette License Expires Feb 28 Thrifty Drug SuperAmerica Surfside Three Points Tavern Tom Thumb Donnies on the Lake Mound Municipal Liquor -Duane's 66 American Legion Mtka Post 398 Mound Super Valu Mound K Station A1 & Alma's B & L Vending (Seton Mobil) Bob's Bait Shop Gas Hut Grimm's Store Martins Boat Mound Lanes PDQ Servomation (Tonka) Ben Franklin--~C~ February 22, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is a memo from Nancy Clough, our representative on the West Hennepin Human Services Board. She is making a strong recommendation that Mound withdraw from the Board and utilize the $1,100 we would have paid in dues, to create a 'crisis' or 'emergency fund' This fund could operate somewhat like a petty cash fund, so that if the Police were to come across a situation where food or clothing were needed, it could be addressed. I like this idea. In the past the Police have found a number of crisis situations where if they could have helped out immediately they could have 'saved alot of time and once the immediate crisis was dealt with, other supporting social service agencies could have been brought in for long-term help. Does anyone like this idea? Nancy will be at the meeting to disucss this and her resignation. -JE:fc enc. TO: MOUND CITY COUNCIL FROM: NANCY CLOUGH, MOUND REPRESENTATIVE TO WEST HENNEPIN HUMAN SERVICES BOARD RE: MOUND MEMBERSHIP I have served as a Board member since August 1983. In my participation as a Board member through these past months I have observed the Board undertaking primarily fund raising activities to meet an $18,OOO deficit voted at the 1983 Budget meeting. The members meet ali but $250 of this deficit with much time and effort. In the 1984 Budget approval, again the Board approved a $7,000 deficit over and above funds appropriated by the County Commissioners and City contri- butions. This means any projects or plans requiring, funding would have to be additionally solicited by Board members. I have met with Mr. Elam and suggested Mound re-invest its $1,100 stipend in a local agency that would directly provide service to needy residents of Mound. A suggestion might be the Mound Police Department retain such a fund to use for emergency situations as they deem fit. I respectfully submit and recommend Mound withdraw from the West Hennepin Human Services Board. I do not think, in the time I have been a member, that any influence could be asserted to better provide direct services to the Western Hennepin County area. CITY of MOUND February 23, 1984 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is the Actuarial Study done for the Mound Volunteer Fire Department. This is done every two or three years as a State requirement. Basically, what the report shows is how well the Fund is operating; what the balances are; and at what level the pension can be increased to within the resources available. In 1984, the Fund will receive approximately $26,000 of State retirement contributions and a Fire Fund contribution of $36,300 for a total contribution of $62,300. Based on the benefit levels outlined on page.4, that would translate into a monthly level of almost $240.00 per month. The Fire Department has been deferring their annual pay increases so that a greater contribution could be made each year to the Pension Fund. For the last two years we have increased the Fire Fund's contribution by 10% each year. If we were to do that again for 1985, along with funds from the Fireman's Fish Fry, etc., they would reach their goal of $250.00 per month, effective January 1, 1985. '1 thought you should have this in advance of their request rather than after. JE:fc MOUND VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION~' INC, ACTUAR I AL VALUAT ! ON' DECEMBER .31., 1983 .JAMES R ~ORDEVVI(~K. F.~ A MOUND VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION, INC. ACTUARIAL VALUATION AS OF DECEMBER 31, 1983 INTRODUCTION Chapter 356.216 of Minnesota Statutes require~ that an actuarial valuation of the fund be conducted every four years. This chapter, as amended, no longer requires that experience studies be conducted. An actuarial valuation is a calculation to determine the normal cost and acCrued liability of the fund and includes a determination of the payment necessary to amortize the unfunded liability over a stated period and a determination of the payment necessary to keep the unfunded liability from increasing. The actuarial valuation is conducted according to a stated actuarial cost method, Entry Age Normal Cost, and, as prescribed in Chapter 356, Subdivision 4(4), an interest assumption of 5% must be utilized. The By-Laws of the Association were amended in 1982 to provide for a monthly service pension of $210. MEMBERSHIP There were 37 active members and 15 inactive members included in the actuarial costs. Member statisticsaYeshown in Exhibit B and C. ASSUMPTION CHANGES The mortality and member turnover assumptions were changed from the previous actuarial valuation. The mortality table was updated to one which reflects more current mortality trends. The member turnover assumption was eliminated since there has been little turnover and the reserves released by those members who terminated was small. The net effect of these assumption changes was to increase the accrued liability. The changes did not have a significant effect on the costs. The actuarial assumptions are shown in Exhibit D. 3'~'"" '1- .JAMES R BORDEWICK. F,S A JAMES !:{, BORDEWICK, F,$.A. CONSULTING ACTUARY February 8, 1984 5"100 EDINA INDUSTRIAL BLVD. EDINA, MN 55435 612-835-9772 Board of Trustees Mound Volunteer Fire Department Relief Association, Inc. P. O. Box 37. Mound, Minnesota 55364 Attention: Mr. David J. Carlson, President Gentlemen: Attached is the report which presents the results of the December 31, 1983 Actuarial Valuation of the Mound Volunteer Fire Department Relief Association, Inc. I certify that all calculations with respect to the valuation were performed on the basis of the assumptions and methods outlined in the Exhibits of the report and the results are correct to the best of my knowledge. The Actuarial Valuation was conducted in accordance with my understanding of the provisions of Sections 356.20 to 356.23 of the Minnesota Statutes. Sincerely, James R. Bordewick, F.S.A. JRB:mbb Attachment ASSETS Chapter 356.20, Subdivision 4 as applied to firefighter's relief associations enumered in Chapter 69.771 of the Minnesota Statutes requires that assets be reported on a basis which is approximately a cost basis. However, it is my opinion that the asset basis for the actuarial valuation can be on a. different basis and we have continued the practice of using market value. The market value of the assets on December 31, 1983 was $516,407.70 and the cost value on the same date was $502,370.73. The table below shows the development of the market value from the last actuarial valuation which was December 31, 1981. Market Value, 12-3t~81 Receipts Contributions Investment Income Realized Capital Gains Disbursements Benefit Payments Expenses Net Income Unrealized Appreciation Market Value, 12-31-83 $132,051 104,358 (8,921) $227,488 $ 75,005 5,861 $ 80,866 $332,513 $146,622 $ 37,273 $516,408' * Reflects accrued contribution of $3,025 paid in 1984 and accrued trustees fees for 1983 of $2,409. ACTUARIAL BALANCE SHEET The actuarial balance sheet showing accrued assets and liabilities is $ 516,408 337,040 247,770 shown below as of December 31, 1983. Assets Market Value of current assets Unfunded accrued liability Present value of future normal costs Liabilities Present value of benefits - active members inactive members $1,101,218 $ 602,162 499,056 $1,101,218 ANALYSIS OF CHANGE IN UNFUNDED ACCRUED LIABILITY The unfunded accrued liability decreased by $5,832 from December 31, 1981 to December 31, 1983. The analysis of this change is shown below. 1. Unfunded Accrued Liability, 12-31-81 $342,872 2. Amount By Which Contributions Were Greater Than Normal Costs and Interest Requirements 48,413 3. Increase In Accrued Liability Due To Benefit Increases 4. Actuarial Gain For The Period 91,268 48,687 5. Unfunded Accrued Liability, 12-31-83: (1) '- (2) + (3) - (4) $337,040 The actuarial gain of $48,867 was primarily due to investment earnings in excess of the actuarial assumption of 5%. CONTRIBUTION REQUIREMENTS Section 69.773. Subdivision 4 of the Minnesota Statutes states that the contribution requirement is equal to the normal cost and amortization of the unfunded accrued liability by December 31, 1999 in this case. The normal cost is $21,379 and the contribution requirement as of December 31, 1983 is $50,997. The contribution required to keep the unfunded accrued liability from increasing is $39,300 on December 31, 1983. IMPACT OF BENEFIT INCREASES It was requested that we determine the financial impact of benefit increases to active and inactive members. The current benefit level is $210 a month. For every $10 increase in the monthly benefit, the normal cost will increase by $1,003 and the accrued liability by $39,960. The increase in the accrued liability is amortized over 20 years by statute and a new amortization period is determined for the entire unfunded accrued liability.. The amortization period may be extended depending on the size of the increase in the accrued liability. In order to eliminate some of'the volatility which may exist with the use of market value in making future cost estimates, we have developed the contributions for various benefit levels on an asset basis which recognizes only one-half of the difference between cost and market value. If market value had been used, the contribution requirements shown on the next page would have been approximately $600 lower in each case. The contribution requirement under the $210 benefit level is shown on this basis for comparison. -3- JAMES R. BORDEWICK. F,S A. IMPACT OF BENEFIT INCREASES Unfunded Accrued Liability Full Funding Date: December 31 Annual Contribution Requirement EXHIBITS $210 $220 $344,058 $384,018 1999 1999 $ 51,613 $ 56,128 Benefit Levels $230 $240 $25O $423,978 $463,938 $503,898 2000 2000 2000 $ 63,580 $ 59,201 Five exhibits are attached to this report. They are: Exhibit A ..... Plan Outline Exhibit'B ..... Member Statistics Exhibit C ..... Age/Service Distribution of Active Members Exhibit D ..... Actuarial Assumptions Exhibit E ..... Actuarial Funding Method $ 67,958 -4- JAMES R BOROEWICK. F,~ A EX~HIBITS ,.lAMES R. BORDEWICK. F.S A e EXHIBIT A PLAN OUTLINE ELIGIBILITY: Member of The Mound Volunteer Fire Department Relief Association, Inc. after having served a one year probationary period.. Not over age 35 at time of initial membership. SERVICE RETIREMENT: The later of age 50 or after completion of 20 years of service. Must retire at age 60. The monthly benefit payable is $210. DEFERRED PENSION: Retirement prior to age 50 with 20 years of service. The monthly benefit payable at age 50 is $210. DISABILITY PENSION: Disability which prevents the member from performing duties for at least two weeks. The monthly benefit payable is $210 per month prorated per day. DEATH AND SURVIVOR BENEFITS: These benefits are applicable if the member dies prior to or after retirement. FUNERAL BENEFIT: $1,500. WIDOWS AND CHILDRENS BENEFITS: Widow receives 75% of member's monthly pension for life or until remarriage. Surviving children receive 25% of member's monthly pension until age 18 or marriage. If the event of death of member and wife, children receive $210 per month until age 18 or marriage. The maximum family benefit is $210 per month. --5- JAMES R BORDEWICK. IF.S A. ACTIVE MEMBERS EXHIBIT B MEMBER STATISTICS There were 37 active members included in the actuarial costs. An ag~/ service distribution is shown in Exhibit C. 2. The average entry age (age at membership) for the 37 active members is 25.1. RETIRED MEMBERS 1. There were 13 retired members included in the actuarial costs. 2. The total annual retirement benefits payable to these members is $32,760. 3. The average retirement age for these members has been age 51.3. SURVIVORS OF MEMBERS 1. There were 2 widows included in the ~ctuarial costs. 2. The total annual widow's benefits payable is $3,780. OTHER 1. Seven members has terminated'since January 1, 1979. None of these members was vested. There has been 13 disabilities since January 1, 1979. These disabilities were temporary disabilities. There has been no permanent disabilities since January 1, 1979. -6- JAMES R. BORDEWICK, F.S A. EXHIBIT C AGE/SERVICE DISTRIBUTION OF ACTIVE PARTICIPANTS DECEMBER 31, 1983 COMPLETED YEARS OF SERVICE Age 0-1 2-4 15-19 20-24 2 2 25-29 I 2 3 30-34 I 10 2 35-39 2 40-44 2 1 45-49. 1 50-54 55-59 60-64 65+ Total 3 5 15 6 5-9 10-14 15-19 20-24 25-29 30+ Total 4 6 13 3 7 3 1 37 Average Age = 34.8 Average Service = 9.7 years -7- EXHIBIT D ACTUARIAL ASSUMPTIONS MORTAL ITY: 1971 Group Annuity Mortality Table. MEMBER TURNOVER: None assumed. DISABILITY: Age retirement costs loaded 1%. RETIREMENT: The later of age 53 or after 20 years of service. INTEREST: 5%, compounded annually. MARITAL STATUS: 85% of members in payment status wgre assumed to be married with a spouse two years younger than the member. ASSET BASIS: Market value. -8- JAMES R. BORDEWICK. F $ A. EXHIBIT E ACTUARIAL FUNDING METHOD ENTRY AGE NORMAL This actuarial funding method is one of the family of projected benefit cost methods. An estimate of the projected benefits expected to be payable under the plan is required to determine the costs and liabilities with this funding method. The NORMAL COST for each active member is the annual amount required from the member's entry date to retirement date so that the accumulated contributions at termination or retirement will equal the liability at that time. This cost is expressed as a level annual amount. The PRESENT VALUE OF FUTURE BENEFITS is equal to the value of the future benefits expected to be payable discounted back to the member's current age. Discounts include such items as mortality, turnover, interest, and any other decremental assumptions. The value includes the value of benefits for both active and inactive members. The PRESENT VALUE OF FUTURE NORMAL COSTS is equal to the value of the future NORMAL COSTS for the active members discounted for the decrements described above and payable from the member's current age to retirement age. The ACCRUED LIABILITY is equal to the difference between the PRESENT VALUE OF FUTURE BENEFITS and the PRESENT VALUE OF FUTURE NORMAL COSTS. The UNFUNDED LIABILITY is equal to the difference between the ACCRUED LIABILITY and the current valuation assets. ACTUARIAL GAINS AND LOSSES are reflected in adjustments to the UNFUNDED LIABILITY from year to year. JAMES R BORDEWlCK F $ A BREAKDOWN 1983 CITY ENGINEERING COSTS MC COMB$-KNUTSON MINNESOTA STATE AID (MSA) ANNUAL REPORTS CONSTRUCTION 1981 TUXEDO BLVD. PROJECT 1981 THREE POINTS BLVD. PROJECT TAX INCREMENT FINANCING REVIEW (CDBG) MOUND BAY PARK (LAWCON GRANT) 1981CSAH 110 PROJECT 1978 CITY ROAD PROJECT 1979 CITY ROAD PROJECT 1980 CITY ROAD PROJECT 1983 STREET MAINTENANCE PROJECT MISC. PLANNING & ENGINEERING LANGDON VIEW SUB. 1983 SEAL COATING PROGRAM TAX FORFEITURE LOT REVIEW BARTLETT BLVD. DRAINAGE REVIEW LEGAL REVIEW WATERSHED DISTRICT REPORTS SENIOR CITIZEN HOUSING PROJECT (CDBG) BLUFFS TENNIS COURT FEASIBILITY PROJECT FIRE STATION IMPROVEMENT PROJECT MILL POND DRAINGAGE REVIEW SEWER SYSTEM REVIEWS POST OFFICE IMPROVEMENT PROJECT LOST LAKE PROPERTY SURVEY WOODCREST REPAIRS WATER SYSTEM REVIEWS WATER TOWER PROPERTY SURVEY COUNTY ROAD 15 ROAD REVIEW CENTRAL BUSINESS DISTRICT/PARKING PROGRAM HALSTEDAVE. IMPROVEMENFROJECT TOTAL 1,186.00 377.00 5,151.00 4,942.00 785.00 664.00 338.00 790.00 3,423.00 2,531.00 2,504.00 8,648.00 311.00 253.00 20.00 409.00 20.00 412.00 289.00 1,445.00 837.00 292.00 296.00 107.00 3,060.00 175.00 591.00 483.00 280.00 374.00 719.00 $41,712.00 GENERAL FUND COSTS $15,367.00 CITY ATTORNEY BREAKDOWN OF 1983 COSTS 1979 STREET PROJECT 1980 STREET PROJECT 1981 STREET PROJECT 1982 STREET PROJECT ELDERLY HOUSING (HUD) SPECIAL PROJECTS 456.67 716.67 191.66 40.00 · 200.00 1,605.00 GENERA~ FUND MOUND VS. WAGMAN CONTINENTIAL PHONE CO. CITY HALL ROOF ACTION LOST LAKE TITLE .PRISCILLA ANDERSON LAND CONDEMNATION MOUND VS. VOORHEES & GEHRING MISCELLANEOUS ACTIONS (23) MOUND VS. TONKA TOYS WOODCREST REPAIRS MOUND VS. PERRON LIQUOR FUND PLUS MONTHLY RETAINER $1400 X 12 = TOTAL 1,345.00 525.00 475.00 1,695.00 946.89 2,005.00 7,585.00 2,975.00 650,00 660.00 14,576.89 3,625.00 660.00 16,800,0.0 37,266.89 ]984 CITY PROSECUTOR EXPENSES JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL $15 ,28~ ,601 ,781 ,519 ,247 ,215 ,705 ,169 ,400 ,339 ,295 8~ ,409 .42 .45 .85 .94 .04 .71 .72 .00 .04 .17 .60 .75 MONTHLY AVERAGE COST $1,284.15 BREAKDOWN OF 1983 PUBLIC WORKS SALARIES BY TASK CODE TASK COST 017 020 260 280 281 282 284 285 286 287 293 295 296 297 321 ~326 340 351 354 355 356 357 358 368 374 375 379 LAWCON CITY COUNCIL STREETS - ADMINISTRATION STREETS - PATCHING STREETS - SNOW REMOVAL .SIDEWALK- SNOW REMOVAL STREETS - STORM SEWER STREETS - C.B.D. MAINTENANCE STREETS - MATERIAL TRANSPORT STREETS - SWEEPING STREETS - SAND & ICE MAINTENANCE STREETS - MISCELLANEOUS SIGNS & 'LIGHTING GARAGE - REPAIR & MAINTENANCE STREETS - CEMETERY STREETS - RIGHT-OF-WAY MAINTENANCE PARKS - ADMINISTRATION PARKS - VEHICLE MAINTENANCE PARKS - FACILITIES MAINTENANCE PARKS - TREES, SHRUBS, TURF PARKS - ICE RINKS PARKS - WEED CUTTING DISEASED TREE CONTROL BUILDING MAINTENANCE SUMMER RECREATION DOCK INSPECTOR BIKE TRAILS TOTAL BREAKDOWN BY DEPARTMENT STREET DEPARTMENT CITY SHOP PARKS WATER DEPT. CONT. TO STREET DEPT. SEWER DEPT. CONT. TO STREET DEPT. STREET DEPT. CONT. TO WATER DEPT. 217.26 146.15 10,378.32 21,276.97 11,506.43 7,067.25 5,296.16 3,664.86 16,498.98 11,233.00 3,974.87 12,603.67 841.43 26,244.32 875.07 2,638.25 4,426.09 2,340.56 9,483.60 7,315.83 1,312.69 509.31 65.17 328.58 4,855.85 4,516.17 ~2~.89 $168,942.73 87,858.26 19,812.54 37,488.78 3,434.89 21,343.28 -6,618.97 NOTICE OF PUBLIC HEARING CITY OF MOUND, MINNESOTA Notice is hereby given that Hennepin County and the City of Mound, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, are sponsoring a public hearing on March 27, 1984, at 8:00 P.M., at the City Hall Council Chambers to obtain the views of citizens on local and Urban County housing and community development needs and to provide citizens with the opportunity to comment on the Urban Hennepin County Statement of Objectives/1984 and the City of Mound's proposed use of its Year X Urban Hennepin County Community Development Block Grant planning allocation of $73,656. The City of-Mound is proposing to fund the following activities with Year X Urban Hennepin County CDBG funds starting July 1, 1984. ACT IV ITY BUDGET Rental Rehabilitation Program Downtown Improvement Financing Street Imp. - Special Assessment Grants Parking Improvements - Downtown $ 15,000 35,000 3,656 20,000 $ 73,656 For additional information on proposed activites, level of funding and program objectives, contact the City of Mound, 5341Maywood Road, · Mound, MN. 55364, 472-1155. The public hearing is being held in accord with the Urban Hennepin County Joint Cooperation Agreement pursuant to M.S. 471.59. Francene C. Clark, City Clerk Publish in The Laker March 5, 1984 RESOLUTION NO. RESOLUTION CORRECTING RESOLUTION ~81-365 CANCELLING SPECIAL ASSESSMENTS THAT ARE ON LOT BLOCK lq, MOUND TERRACE, PLAT 61890, PARCEL 9500 PID ~1q-117-24 3q 0027 WHEREAS, Palmer and Nancy Koosmann have purchased Lot 4, Block 14, Mound Terrace, PID #14-117-24 34 0027; and WHEREAS, this lot is to be combined with Lot 3, Block 14, Mound Terrace; and WHEREAS, under the conditions of the sale, a unit charge was to be dropped in the amount of $1,828.15 from Lot 4, Levy #8297, the 1980 Street Improvement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound does hereby cancel a unit charge in the amount of $1,828.15, from Levy 8297, the 1980 Street Project on PID #14- 117-24 34 0027. The foregoing resolution was moved by and seconded by The following Counc~lmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk Advertisement For Bids Hound, Minnesota 1984 SEAL COAT PROGRAM File #6173 Sealed bids will be received, publicly opened, and read aloud at the Mound city Hall at 10:00 AH., Friday, April 6, 1~4 for application of approximately 30,000 gallons of bituminous material and 1500 tons of seal coat'.aggregate. The bids will be considered by the City Council at their meeting Tuesday, April 10, 1984 at 7:30 RM. All proposals.shall be addressed to: Francene Clark, City Clerk City of Mound 5341Maywood Road Nound, MN. 5~3~4 And shall be securely sealed, shall be endorsed on the outside with the state- ment "Rroposal for 1984 Seal Coat Rrogram, City of Mound" and shall be on the Rroposal Form included in the specifications for the project. Copies of the plans, specifications and other proposed contract documents are on file with the City Clerk and at the offices of McCombs-Knutson Associates,'Inc., Consulting Engineers and Surveyors, 12800 Industrial Park Boulevard, Rlymouth, Minnesota 55441. Rlans and specifications for use in pre- paring bids may be obtained at the office of the Engineer upon deposit of $20.00. The full amount of the deposit will be refunded to each bidder who has made a deposit and has filed a bid with the Owner upon return of the plans and specifications within ten (10) days after the bids are opened. Each bidder shall file with his bid a certified check, or bid bond in an amount not less than ten (10) percent of the total amount of the bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City of Mound reserves the right to reject any or all bids and waive any informalities or irregularities therein. CITY OF MOUND, MINNESOTA ATTEST: Francene Clark, City Clerk By: Robert Polston, Mayor CITY OF MOUND MOUND, MINNESOTA SPECIFICATIONS FOR 1984 ELEVATED TANK RESTORATION AND IMPROVEMENTS EUGENE A. HICKOK AND ASSOCIATES HYDROLOGISTS-ENGINEERS 545 INDIAN MOUND WAYZATA, MINNESOTA 55391 APRIL, 1984 TABLE OF CONTENTS Notice of Letting Questionnaire Contractor's Proposal Agreement Instructions to Bidders Performance Bond General Conditions of the Contract Technical Specifications Figures Page NL-1 Q-1 CP-1 to CP-4 CA-1 to CA-2 IB-1 to IB-4 PB-1 to PB-2 GC-1 to GC-14 TS-1 to TS-f7 Fig. i and Fig. 2 NOTICE OF LETTING FOR 1984 ELEVATED TANK RESTORATION AND IMPROVEMENTS MOUND, MINNESOTA · Sealed bids will be received in duplicate at the office of the City Manager, City of Mound, Minnesota until 10:00 o'clock a.m. on the lOth day of April, 1984, for furnishing all labor, materials, tools, and equipment required to restore and improve two separate elevated tanks as outlined and in strict accordance with the plans and specifications as prepared by E. A. Hickok and Associates, Inc., Hydrologists - Engineers, 545 Indian Mound, Wayzata, Minnesota 55391. Plans and Specifications are on file with the City Manager, 5341 Maywood Road, Mound, Minnesota, and E. A. Hickok and Associates, Inc. All proposals shall be made on forms to be supplied by the Engineer like those attached to, and made a part of, the Contract Documents and shall be addressed to: Mr. Jon Elam, City Manager 5341Maywood Road Mound, Minnesota 55364 and endorsed: Bid for: "1984 Elevated Tank Restoration and Improvements" Copies of the plans and specifications may be obtained from E. A. Hickok and Associates, Inc., at 545 Indian Mound, Wayzata, Minnesota 55391, on deposit of the sum of $25.00. Each proposal shall be accompanied by a certified check, bid bond or cash deposit made payable to the City of Mound, Minnesota, in the amount of ten percent (10%) of the maximum bid, as a guarantee that the Bidder will enter into the proposed contract within the time specified. The successful bidder shall furnish a performance bond within ten (10) days after award of the contract in the full amount of the contract. The performance bond shall be executed by a company duly authorized to do business in the State of Minnesota. The bidder shall furnish a statement satisfactory to the Owner and Engineer that he is a qualified bidder, that he maintains a permanent place of business and that he has had experience in constructing and performing the work as outlined in this Specification. The Owner reserves the right to reject any or all bids, waive minor irregularities if it appears to said Owner that such irregularities and errors were made through inadvertence. No bidder may withdraw his bid for at least sixty (60) days after scheduled closing ti me for the receipt of the bi ds. Published by authority of the City of Mound, Minnesota. City of Mound, Minnesota By Jon Elam ('~ity Manager) NL-1 QUESTIONNAIRE City of Mound 5341Maywood Road Mound, Minnesota 55364 Attention: John Elam, City Manager Gent 1 emen: We the undersigned do hereby certify that we maintain a permanent place of business; that we have had experience in constructing and performing the work outlined in the Plans and Specification; that we have the necessary financial resources to properly execute the contract; all as required by the Specifications entitled, "1984 Elevated Tank Restoration and Improvements" dated , 1984, prepared by E. A. Hickok and Associates, Inc., Hydrologists-Engineers. As evidence of our experience, we submit the following list of five (5) similar projects that we have performed within the last five years. Owner 1. Location Description of Work e e Very truly yours, (Company Name) cc: E. A. Hickok and Associates, Inc. Attention: John Lichter Q-1 CONTRACTOR'S PROPOSAL Bidder's Proposal No. Date To: Gentlemen: We have examined the attached Contract Documents which are: Notice of Letting, Information to Bidders, Construction Agreement, Performance Bond, the General Conditions of the Contract, and Technical Specifications for 1984 Elevated Tank Restoration and Improvements, official copies of which are on file in the office of the City Manager, Mound, Minnesota, and E. A. Hickok and Associates: We have examined the site and investigated the conditions affecting the proposed work and this proposal is filed in complete acceptance of said conditions. We herewith submit the following schedule of prices for the various items included in the project, and, if awarded the contract, agree to sign the prescribed form of contract and furnish the required corporate surety bond within ten (10) days after the date of the contract award. This proposal is filed with the understanding that the owner may retain the same for consideration for a period of sixty (60) days from and after the established date of receiving bids. We agree that the bid security accompanhing this proposal shall become the property of the Owner in the event we are awarded a contract for this work and we fail to enter into written contract and furnish bond required within ten (10} days after such award. If awarded the contract, we agree to start and complete the specified construction in compliance with the terms stated in this proposal and with the understanding that payment will be made in the manner set forth herein. We agree to accept as full payment for the work an amount equal to that stated in our bid proposal in the manner prescribed in the Specifications. If awarded this contract, we agree to start and complete the work as noted in Article 2.00 of the Technical Specifications. CP-1 BID "A" - 300,000 gallon torospherical elevated water tank located near the intersection of Rosewood Lane and Evergreen Road. $ Lump Sum BID "A" Breakdown: 1. Chip out deteriorated grout under column $ Lump Sum base plates to sound material and patch concrete support pads with Embeco 636 Grout in accordance with manufacturer's recon~nendati ons and repaint 2. Near-white metal blast cleaning of tank interi or as deli ned by SSPC-SP-IO 3. Brush-off grade blast cleaning of tank exterior as defined by SSPC-SP-7* 4. Tank interior painting - 3 coat vinyl system or Engineer-approved equal 5. Tank exterior painting - TNEMEC System 12-1 SPRA-SAF or Engineer-approved equal* 6. Cathodic protection system $ Lump Sum $ Lump Sum $ Lump Sum $ Lump Sum $ Lump Sum *Tank exterior cleaning and painting shall include all of the structure above ground, including, but not limited to, the following: riser, supports (legs}, struts, cables, rods, etc. BID "B" - 75,000 gallon Hembo elevated water tank located near the intersection of Chateau Lane and Woodridge Road $ Lump Sum BID "B" Breakdown: 1. Manhole cover lock $ Lump Sum 2. Tighten and/or replace loose bolts in ladder $ Lump Sum support bars as needed. 3. Replace roof bolts with low carbon steel $ Lump Sum bolts as specified in Article 4.00, paragraph lc of the Technical Speci ficati ons 4. Caulk outside lap of new bottom saucer with $ Lump Sum TNEMEC 62-1400 Seam Sealer - Solventless Epoxy-Polyamide sealer or approved equal CP-2 BID "B" Breakdown (continued) 5. Near-white metal bl asr cleani n9 $ Lump Sum of tank interior as defined by SSPC-SP-iO 6. Brush -off grade blast cleaning $ Lump Sum of tank exterior as defined by SSPC-SP-7* 7. Tank interior painting - 3 coat $ Lump Sum vinyl system or Engineer-approved equal 8. Tank exterior painting - TNEMEC $ Lump Sum system 12-1SPRA-SAF or Engineer-approved equal* 9. Cathodic protection system $ Lump Sum *Tank exterior cleaning and painting shall include all of the structure above ground, including, but not limited to, the following: riser, supports (legs), struts, cables, rods, etc. Total BID "A" $ Total BID "B" $ Total BID "A" and BID "B" $ The Owner reserves the right to award a contract for only BID "A", or to award a contract for only BID "B", or to award separate contracts for BID "A" and BID "B", or to award one contract for BID "A" and BID "B" combined. Deduct if awarded one contract for BID "A" and BID "B" combined. $ Lump Sum The Contractor further agrees that the following unit prices shall apply if required and authorized in writing by the Engineer: 1. Welding (as required during the course of tank restoration} per square inch per lineal foot 2. TNEMEC 62-1400 Seam Sealer - $ Sol ventless Epoxy - Polyamide sealer or Engineer-approved equal. (This item and its unit price shall be substituted for welding repairs during tank restoration if authorized by the Engineer and shall not be used in the final' cost analysis to alter the Contractor's lump sum bid for Item No. 4 in the BID "B" breakdown or to alter the Contractor's lump sum bid in BID "B."} per square inch per lineal foot CP-3 Accompanyin§ this bid is a bidder's bond, certified check, or cash deposit in the amount of Dollars ($ ) which is at least ten percent (10%) of the amount of my/our bid payable to the City of Mound, Minnesota, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute t~e prescribed contract and bond within ten (10) days after its submittal to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein. Respectfully submitted, Name of Bidder (A Corporation) (An Individual) (A Partnership) By Title Address of Bidder Date (This proposal must be signed with the full name of the Bidder. In case of a partnership, the proposal must be signed in the firm name by each partner. In the case of a corporation, the proposal must be signed in the corporate name by a duly authorized officer and the Corporate Seal affixed and attested by the Secretary of the Corporation.} CP-4 AGREEMENT THIS AGREEMENT, Entered into on this day of , 19 by and between the City of Mound, Minnesota, party of the first part, hereinafter known as and referred to in the specifications as the Owner and of second part, hereinafter known as the Contractor. · party of the WITNESSETH: That the Contractor, for and in consideration of the payment or payments hereinafter specified and to be made by the Owner at the times and in the manner as herein set forth, hereby covenants and agrees to furnish and pro- vide all materials and labor for every need and description and every other article or thing necessary and required for the work as shown on the Plans and Specifications entitled, "1984 Elevated Tank Restoration and Improvements" as prepared by E. A. Hickok and Associates, Inc., Hydrologists - Engineers, acting as and in these Contract Documents entitled, Engineer, which Specifications are hereby made a part of this contract. The Owner agrees to pay the said Contractor in current funds for the faithful performance of the contract Dollars {$ ), {this being the amount set forth in the Contractor's Proposal dated }, and to pay such sum at the time or times, and in the manner provided by said Specifications. The Contractor, in further consideration of the premises, for itself, its successors and assigns, further agrees to procure at its own expense, insurance in such sum as required by this Specification in a company or companies to be approved by the Owner which shall fully indemnify and save harmless the Owner against any and all liability of whatsoever nature as a result of injury to persons or damage to property, in any way arising out of, or in consequence of, the granting of this contract by the Owner to the Contractor, within the limits set forth in the General Conditions of the Contract, including requirements with reference to such insurance as provided by the Specifications. The Contractor also covenants and agrees that all said work and labor shall be done and performed in the best and most workmanlike manner and that all such materials and labor shall be in strict and entire conformity, in every respect, with the said Specifications and Plans, and shall be subject to the inspection and approval of the Engineer or duly authorized representative, and in case of said materials or labor shall be rejected by the Engineer as defective or unsuitable, then the said materials shall be removed and replaced with other approved materials and said labor shall be done anew to the satisfaction and approval of the Engineer without extra cost to the Owner. The Contractor further covenants and agrees that he will COherence work upon execution of the contract, and to complete the work by . CA-1 It is understood and agreed that no claim for extra work done or materials furnished by the Contractor will be allowed by the Owner except as provided herein, nor shall the Contractor do any work, or furnish any materials, not covered by the Plans, Specifications, and this contract, unless such work is ordered in writing by the Engineer. In no event shall the Contractor incur any liability by reason of any oral directions or instructions that may be given by the Engineer or authorized representative, nor will the Owner be liable for any materials furnished or used, or for any work or labor done, unless said materials, work or labor are required of said Contractor or written order as required above. Any such work done, or materials furnished by the Contractor without such written order first being given shall be at said Contractor's own risk, cost and expense, and he hereby covenants and agrees that without such written order, he shall make no claim for compensation for work so done or materials so furnished. In case questions or dispute arise between the parties hereto respecting any matter pertaining to this contract, or any part thereof, said questions and dispute shall be referred to the Engineer and his decision thereon shall be binding upon the parties hereto, provided said decision is in writing and signed by him. If there is conflict between the specifications and this instrument, the Specifications shall govern. IN WITNESS WHEREOF, the City of Mound, Minnesota, and said have hereunto set their hands and seals the day and year first above written. As to A (SEAL) By Its Its As to ( SEAL ) By CA-2 INSTRUCTIONS TO BIDDERS 1. Work to be performed for the City of Mound, Minnesota, which is the party of the first part in the accompanying contract, acting through its authorized representatives. 2. A separate copy of the Contractor's Proposal or bidding blank is included in loose form in the front of this book. All proposals must be on these official blanks. Additional copies may be obtained at the office of E. A. Hickok and Associates, Inc., Engineer. 3. Alterations in bidding blanks made by the bidder will cause rejection of the proposal by the Owner except as outlined in Item No. 18 of these Instructions to Bidders - Page IB-4. 4. Definitions of Terms: In these specifications and accompanying contract documents the following definitions shall apply: OWNER ENGINEER INSPECTOR CONTRACTOR SUB-CONTRACTOR BIDDER SURETY PROPOSAL City of Mound Mound, Minnesota 55364 E. A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, Minnesota 55391 The appointed representative of the Engineer assigned to detailed inspection of the work or materials therefore, and to such other duties as may be delegated to him in these Specifications. The party of the second part in the accompanying contract for the construction covered by the Specifications or his authorized representative. The authorized representative of the Contractor, or the Sub-contractor, having charge of the construction for said Contractor or Sub-contractor. Any individual, firm or corporation submitting a proposal for all or parts of the work provided for in the Specifications. The corporate body bound with and for the Contractor for the acceptable performance of the contract. The written proposal, submitted by the bidder in the prescribed manner, on the official Contractor's Proposal for the construction covered by the Specifications. IB-1 PLANS SPEC IF ICAT IONS All drawings or reproductions of drawings pertaining to the construction or details of the work included in the accompanying contract. All provisions and requirements contained herein together with all written or printed a§reements or memoranda made or to be made pertaining to the method and manner of performing the work or to the quantities and qualities of materials to be furnished under the contract. CONTRACT DOCUMENTS Contract documents include (1) all ordinances, codes, and resolution of the Owner pertinent to the execution of the construction projects; (2) Notice of Letting; (3) these Instructions to Bidders; (4) the Contractor's Proposal, containing the written tender or bid of the Contractor; (5) the executed specific Construction Agreement; (6) Performance Bond; (7) the General Conditions; (8) Technical Specifications; (9) Plans; (10) the insurance policies of the Contractor pertaining to this project. 5. Examination of the Proposed Work. Bi ciders shall inform themselves concerning the conditions under which the work is to be performed, and examine the plans and specifications to make sure the requirements are fully understood. Failure on the part of the bidder to ascertain all the requirements of the Plans and Specifications and conditions at the site of the work shall not constitute a basis for extra compensation. The bidder is expected to base his proposal on materials and equipment complying fully with the Plans and Specifications and should his bid have been based on materials or equipment which do not conform, he will be responsible for furnishing material and equipment as specified, at no change in his bid price. 6. Sealed Proposals. All proposals shall be sealed in an envelope and addressed to the City Manager, Mound, Minnesota, and delivered prior to the time stated in the Notice of Letting. 7. Signatures on Proposals. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of the firm or partnership must be shown. If made by a corporation, the person signing the proposal will be required to name the state under the laws of which the corporation is chartered, and the name, title, and business address of the executive head of the corporation. Anyone signing a proposal as agent may be required to submit satisfactory evidence of his authority to do so. IB-2 8. Competence of Bidder. Bidders will be required to supply a statement of their financial resources as may be necessary. The bidders shall furnish references regarding his ability to construct the work by naming not less than five locations where he has successfully constructed similar projects at the time of the letting date, to the Owner and Engineer for their review. Along with this, the bidders shall also furnish a list of the equipment to be used on the work including type, condition, age, and location so that the Owner may inspect same before awarding a contract for the work. 9. Return of Bidding Checks. The Bidding checks of all but the three lowest bidders shall be returned promptly. In no case will the bidding checks be held longer than thirty (30) days without permission of the bidder, except that the bidding check of the bidder to whom the contract is awarded shall be retained until he has entered into contract and filed an acceptance bond. 10. Contract Bond. The Bidder to whom the contract is awarded shall be required to file a surety bond in a sum equal to the total amount of the said contract. The surety bond shall be filed with the total amount of said contract. The surety bond shall be filed with the City of Mound, Minnesota, on or before ten (lO)days after the award of the contract. Said bond shall provide that the Contractor shall well and satisfactorily perform his work in complete accordance with the plans and specifications therefore, and according to the terms and conditions of this contract, and also that said Contractor shall promptly pay all debts incurred in the prosecution of his work, including those for labor and materials furnished. Said bond shall, in all cases, comply with the laws of the State of Minnesota and shall be subject to the approval of the Owner. 11. Plans and Specifications. The Plans and Specifications prepared by the Engineer have been adopted by the City of Mound, Minnesota. They are a part of this contract and must be complied with unless modifications acceptable to the Engineer are agreed upon at the time of construction. 12. Contract Documents. Under paragraph 4, "Definition of Terms", hereof, a number of documents are referred to as part of the contract. It is hereby specifically provided that each of these documents is complimentary to the other and that all such documents are a part of the specific contract by this reference, as surely and certainly as though they were set out therein in detail. 13. Time of Performing Contract. The work shall be completed as set forth in the Contractor's Proposal and Technical Specifications. 14. Payment of Contractor. The payment for work under this contract shall be made by the Owner to the Contractor as specified in the General Conditions. 15. Payment of Bills. Before any payment to ~he Contractor is made, satisfactory evidence shall be filed with the Owner that the cost of all materials, labor, service or claims incurred by the Contractor in connection with the work, shall have been satisfactorily met. 16. Interpretation of Contract Documents. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications or other contract documents, he must submit to the Engineer a written request for an interpretation thereof. The IB-3 person submitting the request shall be responsible for its prompt delivery. Any interpretation of the proposed documents shall be made only by an addendum duly issued. The addendum shall be mailed or delivered to each person receiving a copy of said documents and become a legal binding part thereof. 17. Failure to Execute Contract. Failure to file bond in the sum specified, or to execute the contract within ten days from date of award shall be just cause for the annulment of the award of the contract, if executed. It is understood by the bidder that in the event of the annulment of the award of the contract, the amount of the certified check may be retained by the Owner as fi xed and liquidated damages sustained by the Owner due to the delay and failure of the bidders to enter into contract. 18. Alterations in Bid. The Contractor's Proposal shall be filed in ink or typewritten and any alterations or interlineations of the unit prices shall be i ni ti al ed by the bi dder. IB-4 PERFBR~NC£ BBNB KNOW ALL MEN BY THESE PRESENTS: That We hereinafter called the Principal, and hereinafter called the Surety, as held and firmly bound unto the City of Mound, Minnesota, hereinafter called the Owner, in the full and just sum of lawful money of the United States, for the payment of which, well and ~ruly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that WHEREAS, the bounden principal has theretofore on the~day of 19 , entered into a certain contract with the Owner, a copy of w~"ich Contract, tog-'~'her with its terms covenants, conditions and stipulations is incorporated herein and made a part hereof as fully and amply as if said Contract were recited at length herein. NOW THEREFORE, if the above bounden Principal shall well, truly and faithfully perform said Contract and comply with all the terms and provisions thereof and satisfy all of the obligations of said Principal arising thereunder including the matter of infringement, if any, of patents and shall guarantee the maintenance in good repair of said improvements for a period of one year after the completion of the Contract and comply with all the covenants therein contained, and contained in the Specifications and other documents constituting a part of said Contract required to be performed by said Principal in the manner and within the time provided in said Contract, and shall pay all persons who have contracted directly with the Principal of labor and materials, if any, included in said Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. The said Surety for value received hereby stipulated, agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the Specifications. PB-1 IN WITNESS WHEREOF, the above named Principal and Surety, have executed their presents this ~ day of , 19 ... ('Pri'nci pal ) (SEAL) ATTEST: By (Surety) (SEAL) ATTEST: By (Resident Agent of Surety) (The Performance Bond must be signed with the full name of the Contractor. the Contractor is a partnership the Performance Bond must be signed in the partnership name by each partner. If the Contractor is a corporation the Performance Bond must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the corporation. A typewritten copy of all such names and signatures shall be appended. } If (The Performance Bond must be accompanied by a power of attorney authorizing execution on behalf of the Surety and, in jurisdictions so requiring should be countersigned by a duly authorized resident agent of the Surety.) PB-2 THE MINNESOTA DEPARTMENT OF TRANSPORTATION, "STANDARD SPECIFICATIONS FOR CONSTRUCTION, 1983 EDITION" DATED MARCH 1, 1983. SHALL APPLY IN ALL CASES EXCEPT AS MODIFIED, ALTERED OR SUPPLEMENTED HEREIN. GENERAL CONDITIONS OF THE CONTRACT Article 1. Definitions: (a) The Contract Documents include (1) all ordinances, codes and resolutions of the Owner pertinent to the execution of the construction project; (2) Notice of Hearing and Letting; (3) Instructions to Bidders; (4) Con- tractor's Proposal containing the written tender or bid of the Contractor; (5) the executed specific Construction Agreement; (6) Performance Bond; (7) General Conditions; (8) Special Conditions; (9) Technical Specifications; (10) Drawings; and (11) the insurance policies of the contractor pertaining to this project. (b) .The Owner, the Contractor and the Engineer are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) The term Sub-contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnished material worked to a special design according to the plans and specifica- tions of this work; but does not include one who merely furnished material not so worked. (d) Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business known to him who gives the notice. (e) The term "work" of the contractor or sub-contractor includes labor or materials or both. (f) All time limits stated in the Contract Documents are of the essence of the Contract. (g) The law of the place of building shall govern the construction of this contract. Article 2. Execution, Correlation and Intent of Documents: The appropriate Contract Documents shall be signed in quadruplicate by the Owner and the Contractor. In case the Owner and the Contractor fail to sign the General Conditions, Drawings or Specifications, the Engineer shall identify them. GC-1 The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, material, equipment and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or property inferable from any heading, branch, class or trade of the specifications shall be supplied unless distinctly so noted on the drawings or specifications. Materials or work described in words which so applied have a well-known technical trade meaning shall be held to refer to such recogni zed standards. Article 3.. Drawi.ngs Furnished bi/. the Engineer: The drawings show plans of the work together with such details as can be conveniently shown. The work shall conform to such additional drawings as will be furnished from time to time during construction, including such changes of detail as the Engineer may consider necessary on account of conditions that are found to exist during the prosecution of the work. The Contractor shall check all drawings and shall be responsible for the correct fitting together and exact position of all parts of the work. All of the drawings form a part of these specifications. A reasonable number of prints of all drawings and specifications as required by the Contractor will be supplied by the Engineer free of charge. Article 4. Drawings Furnished by the Contractor: The Contractor shall send to the Engineer four (4) certified prints of outline dimension drawings and all such assembly and detail drawings and diagram of materials, apparatus and equipment furnished by him as are required to demonstrate to the Engineer that the provisions and intent of the specifications are being complied with. The Engineer will return to the Contractor two (2) prints of each drawing marked with his approval; or request for changes, and the Contractor shall not proceed, except at his own risk, with the manufacturer of the apparatus or materials covered by a particular drawing until such approval i s received. The Engineer shall have the right to require the Contractor to make such changes in design, as in his opinion are necessary to make the apparatus conform to the provisions and intent of the specifications, without additional cost to the Owner. The Engineer's approval of drawings, or waiver of such approval or any changes in design made at the Engineer's request shall not in any way relieve the Contractor of the full responsibility of meeting all the requirements of the Contract. It is agreed that the Engineer will return drawings with his approval or request for changes within seven (7) calendar days following their receipt. Article 5. Drawings and Specifications of the Work: The Contractor shall keep one copy of all drawings and specifications on the work, in good order, available to the Engineer and to his representatives. Article 6. Ownership of Drawings and Models: All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on other work, and, with the exception of the signed contract set, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. GC-2 Article 7. Samples: 'The Contractor shall fqrnish for approval all samples as directed. The work shall be in accordance with approved samples. Article 8. Materials~ Appliances, Employees: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment,, light, power, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the work an unfit person or anyone not skilled in the work assigned to him. Article 9. Royalties and Patents: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. Article 10. Surveys~ Permits and Regulations: The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. Article 11. Protection of Work and Property: The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with his contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adja- cent property as provided by law and the Contract Documents. He shall take all risk from floods and casualties of every description and make no charge for delay due to such causes. The Contractor has the privilege of insuring in full or in part against all such losses or damages. GC-3 The Contractor shall take all necessary precautions for the safety of em@loyees on the work, shall comply with all applicable provisions of federal, state and Municipal Safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs and lights warning against the hazards. He shall designate a responsible member of his organization on the work, whose duty shall be the prevention of accidents. The name and position of the persons so designated shall be reported to the Engineer by the Contractor. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization from the Engineer or Owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury. Any compensation claimed by the Contractor shall be submitted to the Owner through the Engineer. The amount of compensation shall be determined by agreement or arbitration. Article 12. Inspection of Work: The Engineer and his representatives shall at all times have access to the work wherever it is in preparation or pro. gress and the Contractor shall provide proper facilities for such access and for inspection. No inspection is authorized to change any provision of the specifications or plans nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract. If the specifications, the Engineer's instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of the readiness for inspection, and if the inspection is by the Engineer shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer and if so ordered the work must be uncovered by the Contractor. If such work be found in accordance with the Contract Documents, the Owner shall pay the cost of re-examination. If such work be found not in accordance with the Contract Documents, the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another Contractor, and in that event the Owner shall pay such cost. Article 13. Superintendence, Supervision: The Contractor shall keep on this work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shall not be changed except with the consent of the Engineer, unless the superintendent proves to be unsatisfactory to the contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Other directions shall be so confirmed on written request in each case. GC-4 The Contractor sba77 give efficient supervision of the work, using his best skill and attention. He shall carefully study and compare all drawin§s, speci- fications and other instructions and shall at once report to the Engineer any error, inconsistency or omission which he may discover, but he shall not be held responsible for their existence or discovery. Article 14. Chan~es in the Work: The Owner, without invalidating the Contract, may order extra work or make changes, by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the con- ditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such changes. In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the project, but otherwise, except in any emergency endangering life or pro- perty, no extra work or change shall be made unless in pursuance of a written order from the Engineer stating that the Owner has authorized the extra work or change and no claim for an addition to the contract sum shall be valid unless so ordered. The value of any such extra work or change shall be agreed upon by the parties prior to the performance of the work. Article 15. Deductions for Uncorrected Work: If the Engineer and Owner deem it inexpedient to correct work injured or not done in accordance with the Contract, an equitable deduction from the contract price shall be made therefor. Article 16. Delays, Extension of Time and Liquidated Damages: All delays, extension of time and liquidated damages shall be complied with as provided for in Section 8, paragraphs 1806 and 1807 of the Minnesota Department of Transportation, "Standard Specifications for Construction, 1983 Edition" dated March 1, 1983 except as modified below. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. If no schedule or agreement stating the dates upon which drawings shall be fur- nished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim be reasonable. This article does not exclude the recovering of damages for delay by either party under other provisions in the contract documents. GC-5 Arti cl e 17. Correction of Work B.efore Final .P.a~ment: The Contractor shall promptly remove from the premises all work condemned by the Engineer as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the Owner may remove it and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten days time thereafter, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all costs and expenses that should have been borne by the Contractor. Article 18. Correction of Work After Final Pa~,ment: Neither the final certificate for payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty materials or workmanship and unless otherwise specified, he shall remedy any defects with reasonable promptness. All questions arising under this article shall be decided by the Engineer subject to arbitration. Article 19. The Owner's Right to Do Work: If the Contractor shall neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. Article 20. Owner's Right to Terminate Contract: If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the Owner upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice to terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work including compensation of additional managemental and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. GC-6 Article 21. Contractor's Liability Insurance: The Contractor shall maintain such insurance as well as protect him from claims under workmen's compensation act and from claims from damages because of bodily injury, including death, which may arise from and during operations under this contract, whether such operations be by himself or by a subcontractor or anyone directly or indirectly employed by either of them. The Contractor shall take out and maintain and cause his subcontractors to take out and maintain throughout the construction period, insurance in the following minimum requirements: (a) Workmen's compensation insurance in any amount that meets statutory requirements to cover all employees who perform any of the obligations assumed by the Contractor under this Contract. (b) Public liability and property damage liability insurance: limits for bodily injury or death not less than $1,O00,0OO for one person and $1,000,000 for each accident; for property damage not less than $1,000,000 for each accident during the policy period. (c) Automobile liability insurance on all self-propelled vehicles used in con- nection with the contract, whether owned, non-owned, or hired, public liability limits of not less than $1,000,000 for one person and $1,000,000 for each accident; property damage limit of $1,000,OOO for each accident. Article 22. Bond: Contractor before commencing work shall furnish a Performance Bond for the full amount of the contract guaranteeing the completion of the work and performance of the contract and the paj~nent of all labor, materials and equipment which may become a lien against the property. Article 23. Damages: If either party to this contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him then he shall be reimbursed by the other party for such damage, provided the Owner shall be responsible for and at his option insure against loss of use of any of his existing property, due to fire or otherwise, however caused. Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final paj~nent, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agr.eement or arbitration. The Contractor shall assume responsibility for all loss and damage caused by fire, wind storm, cyclone, tornado, flood, or other casualty to material or equipment used in the construction of this project. GC-7 Article 24. Release and Indemnifj/ing A~,reement: Upon completion of the project and approval by the Owner and Engineer, the Engineer will provide a Release and Indemnifying Agreement, which must be executed by the Contractor, Owner and Bonding Company. Article 25. Assignment: Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the contractor assign any money due or to become due to him hereunder, without the previous written consent of the Owner. Article 26. Mutual Responsibility of Contractors: Should the Contractor cause damage to any separate contractor on the work the Contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense, and if any judgments against the Owner arise therefrom the Contractor shall pay or satisfy the judgments and pay all costs incurred by the Owner. Article 27. Separate Contractors The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. To insure proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. Article 28. Sub-contractors: The Contractor shall, as soon as practicable after the execution of the contract, notify the Engineer in writing of the names of the sub-contractors proposed for the principal parts of the work and for such others as the Engineer may direct and shall not employ any that the Engineer may within a reasonable time object to as incompetent or unfit. The Engineer shall, on request, furnish to any sub-contractor, wherever practicable, evidence of the amounts certified on this account. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his sub-contractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. GC-8 Nothing contained in the contract documents shall create any contractual relation between any sub-contractor and the Owner. Article 29. Relations of the Contractor and Sub-contractor: The Contractor agrees to bind every Sub-contractor and every Sub-contractor agrees to be bound by the terms of the Agreement, the General Conditions, the Drawings and Specifications as far as applicable to his work, including the following provisions of this article, unless specifically noted to the contrary in sub-contract approved in writing as adequate by the Owner or Engineer. This does not apply to minor Sub-contractors. The Sub-contractor agrees - - (a) To be bound to the Contractor by the terms of the Contract Documents and to assume toward him all of the obligations and responsibilities that he, by those documents, assumed toward the Owner. (b) To make all claims for extras, for extensions of ti me and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the ti me for making claims for extra cost is one week. The Contractor agrees - - (c) To be bound to the Sub-contractor by all the obligations that the Owner assumed to the Contractor under the Contract Documents and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. (d) To pay the Sub-contractor, upon the payment of all payment request certificates, the amount allowed by the Contractor on account of the Sub-contractor's interest therein. (e) To pay the Sub-contractor, upon payment of all payment request certificates, if other than as in (d) above so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contract. (f) To pay the Sub-contractor on demand for his work or materials as far as executed and fixed in place, less the retained percentage, at the time the payment request certificate should issue, even though the Engineer fails to issue it for any cause not the fault of the Sub-contractor. (g) To pay the Sub-contractor a just share of any fire insurance money received by him, the Contractor. (h) To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the sub-contract. GC-9 (i) (j) That no claim for services rendered or materials furnished by the Contractor to the Sub-contractor shall be valid unless written notice is given by the Contractor to the Sub-contractor during the first ten days of the calendar month following that in which the claim originated. To give the Sub-contractor an opportunity to be present and to submit evidence in any arbitration involving his rights. The Contractor and the Sub-contractor agree that - - (1) In the matter of arbitration, their rights and obligations and all procedures shall be analogous to those set forth in this contract. Nothing in this article shall create any obligation on the part of the Owner to pay to or see to the payment of any sums to any Sub-contractor. ~rticle 30. Enqineer's Status: The Engineer shall have general supervision and direction of the work. He is the agent of the Owner only to the extent provided in the Contract Documents and when in special instances he is authorized by the Owner so to act, and in such instances he shall upon.request, show the Contractor written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. As the Engineer is, in the first instance, the interpreter of the conditions of the contract, he shall use his powers under the contract to enforce its faithful performance by both parties. In case of the termination of the employment of the Engineer, the Owner shall appoint a capable and reputable Engineer, against whom the Contractor makes no reasonable objection, whose'status under the Contract shall be that of former Engineer, any dispute in connection with such appointment to be subject to arbitration. Article 31. Engineer's Decisions: The Engineer shall, within a reasonable time, make decisions on all claims of the Owner or Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. Article 32. Cash Allowances: The Contractor shall include in the contract sum all allowances named in the contract documents and shall cause the work so covered to be done by such Contractor. The Contractor declares that the contract sum include such sums for expense and profit on account of cash allowances as he deems proper. No demand for expense or profit other than those included in the contract sum shall be allowed. The Contractor shall not be required to employ for any such work per- sons against whom he has a reasonable objection. GC-iO Article 33. Use of Premises: The Contractor shall confine his apparatus, the storage of materials and the operation of his workmen to limits indicated by the law, ordinances, permits or directions of the Engineer and shall not unreasonably encumber the premises with his materials. The Contractor shall enforce the Engineer's instructions regarding signs, advertisements, fi res and smoking. Article .34. Cutting., Patching and Digging: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by the Drawings and Specifications for the completed structure and he shall make good after them as the Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible thereof. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. Article 35. Cleaning Up: The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or work and at the completion of the work he shall remove all his rubbish and all his tools, scaffolding and surplus materials and shall leave his work "broom-clean" or its equivalent, unless more exactly specified. In case of dispute the Owner may remove the rubbish and charge the cost to the several contractors as the Engineer shall determine to be just. Article 36. Contractor's Guarantee: Notwithstanding any certificate which may have been given by the Engineer, if any workmanship, materials or equipment which does not comply with the requirements of this contract shall be discovered within one year after completion of the project, the Contractor shall remedy any such defective workmanship or replace such defective materials or equipment within 30 days after notice in writing of the existence thereof shall have been given by the Owner. The Contractor guarantees that the equipment will perform to the full capacity as herein specified, and at the efficiency herein guaranteed. He further agrees that all guarantees running in favor of the Contractor shall be transferred and assigned to the Owner on completion of the construction and at such time as the Contractor receives final payment. .. GC-11 Arti cl e 37. A,pBli cati on f,,or .,Payments: Unless otherwise agreed upon, or set forth later in this specification, within the first fifteen (15) days of each month, the Owner will make partial payment to the Contractor for work done during the preceding month, on the basis of estimates thereof, certified to by the Contractor and approved by the Engineer, solely for the purpose of payments provided, however that such approval by the Engineer shall not be deemed approval of the workmanship or materials. Only ninety percent (90%) of each such estimate approved will be paid by the Owner to the Contractor of the work, the Engineer shall inspect the work performed and he shall so certify to the Owner and shall fully certify the balance found to be due to the Contractor, and the Owner will then pay to the Contractor all unpaid amounts to which the Contractor shall be entitled hereunder. No certificate issued, nor payment made, to the Contractor, nor partial or entire use or occupancy of the work by the Owner, shall be an acceptance of any work or materials not in accordance with this contract. Article 38. Payment Withheld: The Engineer may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments to sub-contractors or for material or labor. (d) A reasonable doubt that the contract can be completed for the balance then unpaid. (e) Damage to another contractor, to the work, or to other property. When the above grounds are removed or satisfactory and adjustment made, payments of the balance due shall be made from the amounts withheld because of them. Article 39. Drawings: All Drawings are included in these Specifications. Article .40. Laj/in~ Out of Work: The Contractor shall be solely responsible for the correct laying out of the work from the base line and benchmark established by the Engineer. He shall run the lines as required to properly locate the work and establish such datum points as required and necessary. Upon completion of this, the Contractor shall, at his own expense, go over all lines and datum points with the Engineer, or his accredited representatives, to assure the Engineer of their correctness. .. GC-12 Article 41. Regulations and Conformance with Codes: The work to be performed and materials used shall conform in every respect to all requirements of the State, County and City ordinances, laws, rules and regu- lations pertaining to such work. All work, equipment and materials used shall conform with the requirements of the latest codes and standards published by: American Concrete Institute American Institute of Electrical Engineers American Society of Civil Engineers American Society of Heating and Ventilating Engineers American Society of Mechanical Engineers American Society of Testing Materials American Standard Association American Water Works Association American Welding Society Heat Exchange Institute Hydraulic Institute Illuminating Engineering Society Insulated Power Cable Engineers Association Insurance Services Minnesota Department of Health Minnesota Industrial Commission National Electrical Manufacturers Association National Safety Council OSHA Steel Structures Painting Council In case of any conflict in the foregoing codes or standards, the Engineer shall decide which shall govern. Article 42. Power of Condemnation: The Engineer should have full power at all times to reject any apparatus, equip- ment or materials which he may deem to be not in strict accordance with the letter and spirit of the Contract Documents. He shall also have the power to cause any work to be taken down and altered, or apparatus and equipment removed, at the cost of the Contractor, which, in his opinion, is inferior, unsuitable or unsafe, and in the event of the failure on the part of the Contractor to promptly remedy any defective work or remove rejected materials, apparatus or equipment, the Owner shall have the power to remedy any work and remove and dispose of such rejected apparatus, equipment and materials at the expense of the Contractor. It is understood that the inspection and acceptance of apparatus, equipment, materials and workmanship at the shops or other location, and the inspection and acceptance of working drawings of manufacturers to facili tare the progress of the work, shall not preclude rejection at the site of the work, if found unsuitable when delivered. GC-13 Article 43. Notice to Sureties: The final inspection and acceptance of the work shown by the plans and specifications forming a part of the contract shall not be binding or conclusive upon the Owner if it shall subsequently appear that the Contractor has willfully or fraudulently supplied inferior apparatus, equipment, materials or workmanship, or has departed from the terms of the Contract Documents. In any such case, the Owner shall have the right, notwithstanding such fi hal acceptance and payment, to cause the work to be properly performed and satisfactory apparatus, equipment and materials supplied to such extent as, in the opinion of the Engineer, may be necessary to finish the work in accordance with the plans and speci~ cations therefor at cost and expense of the Contractor and the sureties on his bond, and shall have the right to recover against the Contractor and his sureties the cost of such work, together with such other damages as the Owner may suffer because of the default of the Contractor, the same as though such final acceptance and final payment had not been made. GC-14 TECHNICAL SPECIFICATIONS ELEVATED TANK RESTORATION AND IMPROVEMENTS 1.O0 SCOPE OF WORK The work to be done under these specifications includes furnishing all materials, equipment, tools and labor necessary for the restoration and improvements of a 75,000 gallon Hembo elevated water tank and a 300,000 gallon torospherical elevated water tank in Mound, Minnesota. Basic work items for both tanks include; minor structural repairs, surface preparation for painting, paint application and the installation of a cathodic protection system. 2.00 WORK SCHEDULE Work on the 300,000 gallon torospherical tank, located near the intersection of Rosewood Lane and Evergreen Road, shall begin no later than 10 calendar days after receipt of the Notice to Proceed for the 300,000 gallon tank. The Contractor shall have completed the work on the tank and have the tank back in service no later than 55 calendar days after receipt of the Notice to Proceed. All work on the 300,000 gallon tank shall be completed and the tank back in service prior to staring work on the 75,000 gallon Hembo tank. Work on the 75,000 gallon Hembo tank, located near the intersection of Chateau Lane and Woodridge Road shall begin no later than 10 calendar days after receipt of the Notice to Proceed for the 75,000 gallon tank. The Contractor shall have completed the work on the tank and have the tank back in service no later than 45 calendar days after receipt of the Notice to Proceed. 3.00 STANDARD PAINT AND STRUCTURAL REPAIR SPECIFICATIONS The materials, surface preparation procedures and coating applications work items shall conform to current American Water Works Association Standards for Painting Steel Water - Storage Tanks "AWWA D 102-78." Specific surface preparation procedures shall conform to Steel Structures Painting Council Standards specifically referenced elsewhere. Structural repair shall conform to American Water Works Association Standards for Repairing Steel Tanks, Standpipes, Reservoirs, and Elevated Tanks for Water Storage "AWWA D101-53 (R 1979) Part B." The aforementioned standard specifications shall apply in all cases except as modified herein. TS -1 3.01 . .QUALITY STANDARDS The Contractor shall: Furnish materials of highest standards available produced by reputable manufacturers. Employ and pay for services of manufacturer's service representative(s) to: a® Examine installation and components to insure installation in accordance with manufacturer's recommendation. b® Supervise final adjustments and field check units in installed condi ti on. c. Conduct startup. de Instruct Owner's personnel regarding normal and extraordinary operation and maintenance instructions. 3.02 TANK INSPECTION REPORT Appendix "A" to these technical specifications contains a technical report on the physical conditions encountered at both elevated tanks. These specifications are based in part on the work recommended in these reports. 4.00 STRUCTURAL AND MISCELLANEOUS REPAIRS The following structural and miscellaneous repairs shall be completed by the contractor in accordance with the specifications as noted in Article 3.00 of these Technical Specifications: 1. 75,000 gallon Hembo tank a. Provide and install an Engineer approved manhole cover lock. b. Tighten and/or replace loose bolts, at the Engineer's direction, in the ladder support bars. c. Replace roof bolts with low carbon steel bolts capable of withstanding 15,000 psi in tension or compression and 20,000 psi primary bending stress without elongation, cracking or shearing. d. Caulk the outside lap of the new bottom saucer with an epoxy sealing compound approved in writing by the Engineer. 2. 300,000 gallon torospherical tank a. Chip out deteriorated grout under column base plates to sound material. Patch concrete support pads with Master Builders Embeco 636 grout, or Engineer approved equal, in accordance with manufacturer's recommendations and repaint. 3. Perform spot welding on both tanks as necessary during the course of tank restoration as directed by the Engineer. TS -2 a. The Contractor, in making minor repairs to the 75,000 gallon tank, may use, with written approval by the Engineer, TNEMEC 62-1400 Seam Sealer - Solventless Epoxy - Polyamide Sealer, or approved equal, where applicable and in accordance with the manufacturer's recommendations and specifications. The Contractor shall make known to the Engineer for his approval prior to using the seam sealer, where the Contractor intends to use the seam sealer. 5.00 SURFACE PREPARATION 5.01 TANK EXTERIORS Both tank exteriors shall be cleaned by "Brush-off Blast Cleaning" as defined by SSPC-SP-7. 5.02 TANK INTERIORS Both tank interiors shall be cleaned by "Near White Metal Blasting" as defined by SSPC-SP-iO. 5.03 GENERAL BLASTING PROCEDURES Every effort shall be made by the contractor to control the escape of windblown abrasive to the environment. Abrasive shall be kept clean to insure quality work. All surfaces after blasting shall be cleaned with compressed air or by brushing to remove abrasive, dust and dirt. The first primer coat as specified in these specifications shall be applied the same day the blasting takes place. The Contractor shall submit for approval, by the Engineer, 7 days prior to commencing work a method of covering the riser pipe on the inside of each tank to insure that no dust or debris will enter the riser pipe. 5.04 CLEAN-UP All blasting abrasive, paint, scale, dust and dirt shall be cleaned and removed from tank surfaces, the ground and any property at the conclusion of each work day. 6.00 PAINT SYSTEM 6.01 PAINTING OF INSIDE WETTED SURFACES Provide a three-coat vinyl system applied to a minimum 4.25 mil dry film thickness, using the following colors and nominal dry film thicknesses per coat, of vinyl resin paint conforming to the latest revision of US Bureau of Reclamation Specification for Vinyl Resin Paint, VR-3: One coat of VR-3 vinyl white or red of 1.75 mils, one coat of VR-3 vinyl, gray at 1.75 mils, one coat of VR-3 vinyl, aluminum at 1.25 mils. All weld seams shall be hand-brushed when painted. TS -3 6.02 PAINTING OUTSIDE SURFACES AWWA D102-78, Outside Paint System, with finish coats per TNEMEC System 12-1 SPRA-SAF or Engineer-approved equal. 6.03 WEATHER PAINTING CONDITIONS No paint shall be applied when the surrounding air temperature, as measured in the shade, is below 4OF. No paint shall be applied when the temperature of the surface to be painted is below 35F or less than 5F above the dew point. Painting shall not be applied to wet or damp surfaces, or when the humidity exceeds 85%. 6.04 QUALITY STANDARDS 1. Refer to the following standards for detailed design and specification requirements for materials, methods, tests, and physical parameters: American Water Works Association, AWWA D102-78 Standard for Painting St~eel Water Storage Tanks. 7.00 CATHODIC PROTECTION SYSTEM A cathodic protection system meeting the specifications described below shall be furnished and installed at both elevated tanks. 7.01 POWER UNIT The power unit shall be housed in a weather-proof cabinet with provisions for locking and shall be equipped with a transformer, silicon rectifier, a unit voltmeter, a separate ammeter for each output circuit and have provisions for manually adjusting the voltage output in 20 or more equal steps from 0 to 100 percent of rated capacity. The overall efficiency of the power unit shall exceed 65% and the power factor shall exceed 90% at full load and rated voltage of the power unit, in the conversion of A.C. to D.C. The power factor shall exceed 85% at outputs greater than 25% of the rated capacity. 7.02 AUTOMATIC CONTROLLER The controller shall be housed integrally with the rectifier unit. The automatic controller shall be completely solid state design having no moving parts and shall be capable of automatically maintaining the tank-to-water potential at minus 900 millivolts with respect to a copper/copper sulfate reference electrode within an accuracy of 25 millivolts. The tank-to-water potential measured and maintained by the controller shall be free of "IR" drop error. 7.03 TANK-TO-WATER POTENTIAL METER The controller shall be equipped with a calibrated voltmeter having an internal impedance exceeding 1,000 megohms which shall be so connected to read, from the system reference cell, the tank-to-water potential being maintained by the Cathodic Protection system. This voltage reading shall be free of "IR" drop error. TS -4 7.04 REFERENCE ELECTRODE Provide a copper/copper sulfate reference electrode designed for minimum life of 10 years. 7.05 CONDUCTORS All wiring shall have type "TW" insulation and shall be sized in accordance with the National Electric Code. 7.06 CONDUIT All conduit shall be of rigid galvanized steel. 7.07 ANODES An anode system shall be furnished to provide a minimum designed maintenance free anode life of ten years. Anodes shall be maintained in a totally submerged condition below the minimum winter water level by flexible attachment to the tanks' walls or roof thereby preventing ice accumulation and damage to the anodes. Anode and reference electrode lead wires shall enter the tank through a pressure tight fitting. One tank penetration only, will be allowed for the entrance fitting. Anodes shall be designed for severe tank icing conditions. 7.08 AC POWER The Owner shall provide 115 volt, 60 HZ single phase AC power to the rectifier unit. 7.09 INSTALLATION The system shall be installed by personnel who are specifically trained in this work by the manufacturer and who are engaged in the installation and servicing of cathodic protection equipment. 7.10 ENERGIZING AND TESTING After the installation is completed, the system shall be energized and adjusted for optimum operation by a trained employee of the manufacturer. After the unit is adjusted, measurements of tank-to-water potential shall be taken using a copper/copper sulfate half cell as a reference electrode. A report shall be submitted which includes all of the test results obtained. 7.11 INSTRUCTIONS Before final acceptance, two copies of detailed operating and maintenance instructions shall be furnished to the Owner. 7.12 DRAWINGS The successful bidder shall furnish shop drawings to the Engineer for approval. TS-5 7,13 CRITERIA FOR PROTECTION The tank-to-water potentials at which the cathodic protection system is set to operate shall be in accordance with the criteria for protection of steel as established by the National Association of Corrosion Engineers in the NACE Standard RP-01-69. 7.14 GUARANTEE All material and equipment shall be guaranteed for a period of one year from the date of acceptance by the Owner. Upon receipt of notice from the Owner of failure of any part of the system during the guarantee period, new replacement parts shall be furnished and installed by the Contractor at no additional cost to the Owner. 7.15 QUALITY STANDARDS 1. Refer to the following standards for detailed design and specification requirements for materials, methods, tests, and physical parameters: National Association of Corrosion Engineers, NACE Standard RP-01-69 2. Subject to compliance with these specifications, the following manufacturers are approved: A. Harco T.A.S.C. system with permanode anodes. B. Wallace and Tierman Polatrol System for icing tanks with XL Anode Assembl i es. C. Engineer-approved equal (in writing). 1. Approved equals must have 5 years of demonstrated service in icing tanks. 8.00 INSPECTION METHODS, REPORTING Inspection shall be in strict accordance with Section 11 of AWWA D100-79. Spot radiographs are to be taken in accordance with Section 11.4 of AWWA D100-79. Two copies of all operating and maintenance manuals, written start-up procedures, and manufacturer's product information bulletins shall be submitted to the Engineer. 9.00 Experience: Bids shall be received only from experienced tank contractors who have restored and painted at least five tanks of equal or greater capacity. The Questionnaire, enclosed in these specifications, shall be filled out by the Contractor listing five such tanks, including the name of the owner, size, location, and year completed. The completed Questionnaire shall be submitted along with the Contractor's bid. TS -6 10.00 WELDING SPECIFICATIONS AND WELDER QUALIFICATIONS All welders shall be qualified by ASME requirements in all positions. All welding work shall conform to AWWA D100-79, Section 8. 11.00 UTILITIES The owner shall supply electricity to the site. Load limits may be imposed on access roads by the city, county, and/or state. All other desired utilities must be furnished at the Contractor's arrangement and expense. 12.00 TESTING AND STERILIZATION After the repairs and painting of the structure is completed, the Contractor shall furnish, pump and dispose of sufficient water for test and sterilization. While under test, the Contractor shall chlorinate the tank in accordance with accepted standards and procedures. Any leaks, which are disclosed by this test, shall be repaired by gouging-out defective areas and rewelding. No repair work shall be done on any joint unless the water in the tank is at least 2 feet below the point being repaired. Any paint damaged by repairs shall be properly restored. Sterilization procedures shall be repeated if bacteriological tests do not meet Minnesota Health Department standards. The Contractor shall pay for all bacteriological tests required. 13.00 GUARANTEE The Contractor shall guarantee this work for a period of one year from the date of completion of the work, to the extent that he will repair any defects, of which he is notified during that period, which may appear because of faulty design, workmanship, or material furnished under the specifications. TS -7 ~'li~'/ LAKE LANGDON '.STE O~E,, 8LV~, ~, ~'~.,~'"~_ _"~.-~ _300.000 GALLON ~ .' ~~1 ~ I ~ ' ,,., . , . .~ ; ~ ~ ~ / ~ ~ ~ I / ~ ', ~,.~ ~~~ ~ ~., ,o~/~ 1/ I CITY OF MOUND, MINNESOTA EA. H~KOK&A~IATE5 ~EB. 1984 LOCAT ION MAP HY~~I~-~~E~ ~00,000 GALLON ELEVATED WATER TANK MI~EAP~I~-MIN~TA ~.___ ____ ~ ~ I ~ - ' [. ~ ELEVATED WATER ~ L ~ I '~ ~ TANK ~~ % ~ ~~/ 75,000 GALLON ELEVATED WATER TANK MI~EAP~IS-MIN~TA BILLS .... FEBRUARY 28, 1984 Aero-MN Abdo, Abdo & Eick Areawide Locksmith Berry Auto Holly Bostrom Gayle Burns Dytec Jan Bertrand Conway Fire & Safety Cy's Uniforms Chapin Publishing Contel Davies Water Equ.ip Jon Elam John Ewald Ill Electronic Center First Bank Mpls Feed-Rite Controls Henn Co. Sheriffs Dept Henn Co. Dept Prop Tx Henn Co. Chiefs Police PTAC Henn Co. Treas Eugene Hickok & Assoc Ilties & Sons Kool Kube Ice Lake Region Mutual Aid Lathrop Paint Supply MacQueen Equip Mpls Oxygen Minnegasco Metropolitan Fire ~Equip Mound Super Valu No. Star Waterworks Prod NW Bell Tele N.S.P. Porter Seal Pitney Bowes Credi't P.D.Q. Food Stores Bob Ryan Ford Smith Heating & Air Spring Park Car Wash Don Streicher Guns Thrifty Snyder Drug Thurk Bros. Chev Van Doren-Hazard-Stallings United Fire Fighters Assn Western Tree Service Waconia Ridgeview Hosp R.L. Youngdahl & Assoc Zack's, Inc. 961.86 519.00 390.00 44.O0 318.00 25.89 17.35 34.46 139.0o 3o.56 So.00 1,151.86 60.45 21.48 43.56 44.13 4.OO 35.69 209.98' 228 09 9o oo 353 4O 1,485 4O 1,231 75 71 0o 10 00 39o~47 263.68 7.oo 2,553.41 645.00 46.64 876.57 27O.O5 4,231.42 318.24 26.00 1,453.60 1OO.00 73.OO 90.00 86.19 16.95 20.10 559.00 25.OO 675.OO 72.00 100.00 79.40 The Prest Co. 658.00 MN Safety Council 60.00 Kirk Corson 71.37 A1 & Almas 442.10 Bill Clark Oil 1,612.21 Eklund Co. (~ 2,325.00 Gri.ggs, Cooper 2,396.58 Eugene Hoff 25.97 Internatl Council Shop. Cntr 150.O0 Johnson Bios. Liquor 3,648.61 Lathrop Paint 786.19 Mound Postmaster 600.00 NAIOP ]3.00 Ed Phillips 1,773.95 Quality Wine 1,652.90 John Scherven 25,000.00 Univ of MN 85.00 W.J. White Co. 1,O00.00 Total Bills 62,880.51 Tonka Corporation 4144 Shoreline Boulevard P.O. Box 445 Spring Park, Minnesota 55384 Telephone: 612/475-9500 February 13, 1984 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, ~ 5.5364 Re: Lost Lake Site Dear Jon: The purpose of this letter'is to respond to your letter of January 31, 1984, requesting Tonka's participation i~ the cost of a detailed soil analysis to be conducted at the Lost Lake ..property in the City of Mound. It is our understanding that you are asking Tonka to pay $3,500-$4,000 of the project's proposed $9,600-$11,300 budget. For the reasons set forth below, Tonka respectfully declines to participate in the Geotechnical Exploration Program proposed by the City of Mound. Although Tonka Corporation filed a Notification of Hazardous Waste Site on the Metro Service Station property as required under Section 103 of the Federal Comprehensive Environmental Response, Compensation and Liability Act, Tonka Corporation does not have any information to support a belief that the site is a hazardous waste site within the meaning of the Federal Superfund statute. In April and June, 1982, the Minnesota Pollution Control Agency sampled five municipal wells in the City of Mound as well as two surface water locations. No contamination was evident in these wells or surface water locations. Therefore, there is no evidence that hazardous wastes are being released from the Lost Lake site in Mound, Minnesota. The Environmental Response and Liability Act, or the Minnesota Superfund statute, Chapter 121, Minnesota Laws 1983, Section 4, creates liability for all reasonable and necessary response costs incurred by the State, a political subdivision of the State, or the United States, for any person who is responsible for a release or threat of release of a hazardous substance, subject to certain exceptions set forth in the statute. One of the exceptions to liability is that reasonable and necessary response costs incurred because of a threatened re:lease of a hazardous substance can be recovered only by the Minnesota Pollution Control Agency through a civil action commenced by the Minnesota Attorney General (ERLA, Section 4, Subdivision 3). Since only the threat of release of a hazardous substance exists at the Lost Lake site, response costs for investigating this site are only recoverable by the MPCA. Mr. Jon Elam February 13.,. 1984 Page Two Even if a release of a hazardous substance was evident at the Lost Lake site, the Minnesota Superfund statute, Section 4, Subdivision 6, also pro¥ides that it is a defense to a claim by a political subdivision for recovery of costs of its response actions, that the hazardous substance re.leased from the facility was placed or came to be located on the facility before April 1, 1982, and that the response actions taken by the political subdivision were not authorized by the Minnesota Pollution Control Agency. In this case, any materials placed at this site by Tonka Corporation, whether hazardous or not, were located at the site before April 1, 1982. Moreover, it is our understanding that the.proposed Geotechnical Exploration Program to be undertaken by the City has not been authorized by the Minnesota Pollution Control Agency as required by the Superfund statute. Therefore, -Tonka would not be liable for any response costs the City may incur in undertaking this program. Although Tonka understands the City's desire to have the Lost Lake site removed from the list of..hazardous waste sites in Minnesota, the Minnesota Superfund statute was not drafted to create liability for Tonka for the investigations proposed in this case. For these reasons, Tonka respectfully declines to participate in the Geotechnical Exploration Program proposed by the City of Mound. .~ JMJ:jd Sincerely, neral Counsel February 16, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Joe Jo¥ce Tonka Corporation 4144 Shoreline Blvd Spring Park., MN. 55384 Dear Joe, Thank you for your response .to my letter regarding Lost Lake. I was disappointed you felt the need to hide behind a number of legal views and questions. Especially in light of the fact that we would not be having to spend all this extra money if Tonka had not identified the Lost Lake site as a potential dump site in the Federal Super-Fund questionnai're. I thought I was giving you a fi. ne opportunity to come off looking responsible and credible regarding Lost Lake. Instead you have decided to look the other way. For someone who has worked hard to be helpful and supportive of Tonka on these hazardous waste questions, I feel used. Perhaps I!ve learned my. lesson. Sincerely, JE:fc cc: City Council 353 CITY of MOUND February 13, 1984 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is the report from the Police Reserve Unit for 1983. As you will note, they contributed 8875 hours bf service to the City of Mound. This is the equivalent of having 4.2 additional full-time persons in the City. John Ewald does a fine job of overseeing the entire operation and when you see him a thank you would, I know, be appreciated. I do hope Judy will do a story on this as it does demonstrate a very efficient way of providing alot of back-up and security service to our community. JE: fc February 9, ~984 SerEean~ Roy: ~he~Nound Police Reserve Unit has been a Success in ~98~ because of the people who make up this organization and because of people like yourself and Chief Hudson who have backed the unit. I receive alot of credit and praise for the unit's success and their accomplishments. However, I am only as good as my ~leaders. I owe the success of the Mound Police Reserves to the people it is made up of, as well as the guidance and support I g, et from my ].eaders. You have given me the faith and ~s~.~u~'~nce that I am doing the job and in the way it should be done. Thank you for entrusting me with such an important job, Officer Ewald Liaison Officer ANNUAL SECRETARY'S REPORT 198~ A. Administ rati on- B. Training - C. Reserve Squad - D. Riding with Regulars - E. Special Detail - F. School Function - G. Instruction - any hours which are spent to run the Unit, including the monthly Genoral Meeting. any hours spent by a Unit member training for a particular task or skill. hours spent in activities related 'bo patrol in a squad manned by reservists. hours Spent in details related to patrol with a regular officer. any activity not conviently assigned to another category. hours spent on details related to any activity related to a contracted school activity. hours spent teaching a class. Total hours for 1985 ......., ........ ,.. ............. ..,, 8875.5O Average hours per month ....,,.,....... ........ Average hours per member (19 members) ......... ~~ Avcr~Sc hours per moil'th per [nember (I~) members) ......... 759.65 24.59 CATEGORY HOURS PERCENTAGE OF TOTAL HOURS Administration 2688. O0 Training 1059.50 Reserve Squad q~22.50 ~5 Ride with Regulars ~5~7.75 ~5 Special Details q~60. O0 16 Instruction 61 ~. 50 7 School functions 40~, 25 5 A ~ ~ cZ) c~ -q · · . -- -- . · · · · . ~'"' 8~~o o ~ ..., -., ~ o ~ SeYeral certi£ic~tes were acquired by some Reserves. First Aid Instructors CPR Instructors First Responder Defensive Driving (Classroom) 4 Reserves 6 Reserves 3 Reserves 20 Reserves For $775.00 the Unit has received $3.300.00 in training programs saving the Unit and Department $2,525.00. RESERVE OFFICER TRAINING BY INDIVIDUAL - 1983 Page 1 Brown, Robert - Captain Defensive Driving Drowning Crash Management Defensive Tactics Snowmobile First Responder Childs, Chuck - Special Reserve Felony Stops (Classroom) Drowning Oxygen Therapy - Diabetic _ Coma Search Defensive Tactics Shotgun Jeep (Instructor) Courtroom Procedure Dept. Proc. & Reports First Aid CPR Certified Defensive Driving Snowmobile Shoplifting Childs, Vicki - Patrol Officer Blood Pressure, Pulse, Resp. Defen'sive Driving Hennepin Cry. Auxiliary Tr. CPR Instructor Course Drowning. Crash Management Oxygen Therapy - Diabetic Coma Search Defensive Tactics Shotgun First Aid Courtroom Procedures Shoplifting Gove, Nate - Patrol Officer Intern - Minneapolis PD Defensive Driving Handgun " EOA Anti-shock Trousers Extracation CPR Certified EMT Certi lied Crash Management Drowning Oxygen Therapy - Diabetic Defensive Tactics 03-83 06-83 06-83 07-83 11-83 11-83 05-83 06-83 ..07-83 07-83 07-83 08-83 08-83 09-83 09-83 10-83 10-83 11-83 11-83 12-83 02-83 03-82 03-83 04-83 06-83 06-83' 07-83 07-83 07-83 08-83 08-82 09-83 12-83 01-83 03-82 04-83 05-83 05-83 05-83 05-83 05-83 06-83 06-83 07-83 07-83 HCSD - Sgt. Cunnington North Memorial - Dr. Lilja Water Patrol - Borrett HCSD - Anderson Water Patrol-- Peterson Waconia Hospital - Larson FWBI - Talbot, South Lake North Memorial - Dr. Lilja Stuart Oxygen - Sandy Yetzer HCSD - R. Wade HCSD - Anderson Kraft Self FWBI - Orono PD Childs, V. Heuer Richardson Hyland, J. Water Patrol - Peterson Red Owl - Yoraway Heuer HCSD - Sgt Cunnington HCSD Barb St. Marie North Memorial - Dr. Lilja Water Patrol - Borrett Stuart Oxygen - Sandy Yetzer HCSD - R. Wade HCSD - Anderson Kraft Cayo FWBI - Orono PD Red Ow1 - Yoraway 3rd Precinct - Lt. McGauley HCSD - Sgt. Cunnington Cayo North Memorial Hospital North Memorial Hospital North Memorial Hospital North Memorial Hospital North Memorial Hospital Water Patrol - Borrett North Memorial - Dr. Lilja Stuart Oxygen - Sandy Yetzer HCSD - Anderson Gl~Oth) Henry - Secretary Defensive Tactics Shotgun Traffic Control Courtroom Procedures Blood Pressure, Pulse, Resp. Defensive Dbiving First Aid Dept. Proc. & Reports~ · Radio Operation CPR Certified Shoplifting Groth~ Shirley - Treasurer Dept. Proc. & Reports~ · Radio Operations Traffic Control Felony Stops {Classroom} Search Defensive Tactics Shotgun<.~ Courtroom Procedures First Aid Jeep Shoplifting Gardstrom, Dwight' Patrol Officer Search. Defensive Tactics Oxygen Therapy - Diabetic Coma Courtroom Procedures Traffic Control Dept. Proc. & Reports Radio Operations First Aid Blood Pressure, Pulse, Resp. Defensive Driving Snowmobile Jeep CPR Shotgun 07-83 08-83 09-83 09-83 10-83 10-83 10-83 10-83 10-B3 11-83 12-83 04-83 04-83 05-83 05-83 07-83 07-83 08-83 09-83 09-83 11-83 .12-83 07-83 07-83 07-83 09-83 . 09-83 10-83 10-83 10-83 10-83 10-83 11-83 11-83 11-83 08-'83 Page 2 HCSD - Anderson Kraft Henthorne FWBI - Orono PD Heuer ltyland, J. Heuer Heuer Heuer Richardson Red Owl - Yoraway Heuer Heuer Heuer & Schlachter FWBI - Talbot, South Lake HCSD - R. Wade HCSD-- Anderson Kraft FWBI - Orono PD Heu6r Childs, C. Red Owl - Yoraway HCSD - R. Wade HCSD - Anderson Stuart Oxygen - Sandy Yetzer. FWBI - Orono PD Heuer & Schlachter Heuer Heuer Heuer Heuer Hyland, J. Water Patrol c Peterson Childs, C. Richardson Kraft Page 3 Harrelson~ Vinnie - Patrol Officer - Uniform Blood Pressure, Pulse, Resp. Dept. Proc. & Reports Radio Operation Defensive Driving Nennepi'n Cty. Auxiliary Tr. CPR Instructor Advanced First Aid Felony Stops (Classroom) Crash Management Drowning Defensive Tactics Shotgun First Aid Instructor Shoplifting 02-83 02-83 02 -83 03-84 03 -83 04-83 05-83 05-83 06-83 06-83 07 -83 08-83 08-83 12-83 Heuer Brown Brown HCSD - Sgt. Cunnington HCSD Barb St. Marie Normandale FWBI - Talbot, South Lake Water Patrol - Borrett North Memorial - Dr. Lilja HCSD - Anderson Kraft American Red Cross Red Owl - Yoraway Henthorne, Steven - Patrol Officer - Media Blood Pressure, Pulse, Resp. Defensive Driving Traffic Control Felony Stops {Classroom) Drowning CPR Instructor First Responder Search Defensive Tactics Shotgun Snowmobile Shopl'ifting {Sec. Mgmt Ct.) 02-83 03-83 05-83 05-83 06-83 06-82 07-83 O7-83 07-83 08-83 11-83 12-83 Heuer HCSD - Sgt. Cunnington Ewald & Schlachter FWBI - Talbot, South Lake North Memorial - Dr. Lilja Waconis Hospital - Barnett HTC-Central HCSD - R. Wade HCSD - Anderson Kraft Water Patrol - Peterson Normandale Heuer, Bobbie - Field Trainin9 Officer - First. Aid Coordinator Blood Pre~sure, Pulse, Resp. Defensive Driving Hennepin Cry. Auxiliary Tr. CPR Instructor First Aid Instructor Traffic Control Felony Stops (Classroom) (Field) Drowning Crash Management First Responder Oxygen Therapy - Diabetic Coma Search Defensive Tactics Courtroom Procedures Snowmobile Shoplifting 02-83. 03-83 03-83 04-83 05-83 05-83 05-83 08-82 06-83 06-83 07-83 07-83 Heuer - Instructor HCSD - Sgt. Cunnington HCSD Barb St. Marie American Red Cross Ewald &'Schlachter FWBI - Talbot, South Lake Ewald North Memorial - Dr. Lilja Water Patrol - Borrett HTC - Central Stuart Oxygen - Sandy Yetzer 07-83 07-83 09-83 11-83 12-83 HCSD - R. Wade HCSD - Anderson FWBI - Orono PD Water Patrol - Peterson Red Owl - Yoraway _Huggett~ Darrell- Sergeant Self Defense Blood Pressure, Pulse, Resp. Handgun Retention Handgun Advanced First Aid Defensive Driving mdT Crash Management .Search Defensive Tactics CPR Snowmobile 'Shoplifting .Hyland, .~dwin - Patrol Officer Blobd Pressure, Pulse, Resp. Defensive Driving CPR Instructor Course First Aid Instructor Course Oxygen Therapy - Diabetic Coma Shotgun Defensive Driving Instructor Jeep Shoplifting ~yiand,'Oune - Aide Dept. Procedures & Reports Radio Operations CPR Traffic Control Felony Stops (Classroom) Oxygen Therapy - Diabetic Coma Search Shotgun Defensive Driving Defensive Driving Instructor Courtroom Procedures First Aid First Aid Instructor Jeep Shoplifting 02-83 02-83 02-83 03-83 03-83 03-83 04-83 06-83 07-83 07-83 08-82 11-83 '12-83 02-83 03-83 04-83 05-83 07-83' 08-83 09-83 12-83 12-83 '04-83 04-83 04-83 05n83 05-83 07-83 07-83 08-83 09-83 09-83 09-83 ~9-83 10-83 11-83 12-83 Mankato Heuer Mankato Cayo Mankato I]CSD- SEt. Cunnington Mankato Water Patrol ~ Borrett HCSD - R. Wade HCSD'- Anderson Campbell · Water Patrol - Peterson , Red Owl - Yoraway Heuer HCSD - Sgt. Cunnington Barb St. Marie · American Red Cross Stuart Oxygen - Sandy Yetzer , Kraft State of MN - Dept. of Safety Childs, C. Red Owl - Yoraway Heuer Heuer Schlachter Ewald & Schlachter FWBI - Talbot, South Lake Stuart Oxygen - Sandy Yetzer HCSD - R. Wade Kraft State of HN - Dept. of Safety State of MN - Dept. of Safety FWBI - Orbno PD Heuer American Red Cross Childs, C. Red Owl - Yoraway Larson~ Kyle - Patrol Officer self Defenme Nightstick Frisking/Handling Prisoners MAST EOA Hand Gun Retention Advanced First Aid Defensive Driving Criminal Procedures CPR EMT Drowning Oxygen Therapy - Diabetic Coma Search Defensive Tactics Snowmobile Shoplifting Polley, Jim - Sergeant Blood Pressure, Pulse, Resp. Defensive Driving First Aid Shotgun CPR' Shoplifting Jeep Richardson~ D~bbie - CPR Coordinator Blood Pressure, Pulse, Resp. CPR Instructor Course Firs~ Aid Felony Stops (Classroom) Traffic Control Qrash Management Drowning~ Courtroom Procedures Snowmobile Shoplifting Saba~ Paul - Patrol Officer Defensive Driving Dept. Procedures & Reports Radio Operations ~. Defensive Tactics Search Shotgun Traffic Control CPR First Aid Shoplifting 02-83 02-83 02-83 02-83 02-83 02-83 03-83 03-83 03-83 04-83 04-83 06-83 07-83 07-83 07-83 11-83 12-83 02-83 '03-83 08-83 08-83 11-83 12-83 12~83 '02-83 04-83 08-82 05-83 05-83 06-83 06-83 09-83 11-83 12-83 03-83 04-83 04-83 07-83 07-83 08-83 09-83 10-83 10-83 12-83 Mankato Mankato Mankato Mankato Mankato Mankato Mankato HCSD - Sgt. Cunnington Mankato Mankato Mankato North Memorial - Dr. Lilja Stuart Oxygen - Sandy Yetzer IICSD - R. Wade HCSD - Anderson Water Patrol - Peterson Red Owl - ¥oraway Heuer HCSD - Sgt. Cunntngton Cayo Kraft Richardson Red Owl - Yoraway Childs, C. Heuer Barb St. Marie Orono PD FWBI - Talbot, South Lake Ewald & Schlachter Water Patrol - Borrett North Memorial - Dr. LilJa FWBI - Orono PD Water Patrol - Peterson Red Owl - Yoraway HCSD - Sgt. Cunnington Heuer Heuer HCSD - Anderson HCSD - R. Wade Kraft Henthorne Schlachter Heuer Red Owl - Yoraway Page 6 Sci~iachter~ Steve - Lieutenant Blood Pressure, Pulse, Resp. Defensive Driving CPR Instructor CPR Instructor Trainer Drowning Crash Management Oxygen Therapy - Diabetic Coma Defensive Tactics First Responder Shotgun Courtroom Procedure Snowmobile 'Shoplifting Tauber~ Dennis - Patrol Officer. Blood Pressure, Pulse, Resp. Defensive Driving CPR Instructor Felony Stops (Classroom) Traffic Control Crash Management Oxygen Therapy - Diabetic Coma Search Shotgun Snowraobile .Jeep First Aid Shoplifting 02-83 03-83 04-83 04-83 06-83 05-83 07-83 07-83 07-83 08-83 09-83 11-83 12-83 03-83 03-83 04-83 05-83 05-83 O6-83 07-83 07-83 08-83 11-83 11-83 11-82, '12-83 Heuer HCSD - Sgt. Cunnington · American Heart American Heart - St. Josephs North Memorial - Dr. LilJa Water Patrol.- Borre~t Stuart Oxygen - Sandy Yetzer HCSD - Anderson HTC-Central Kr'aft FWBI - Orono PD Water Patrol - Peterson · Red Owl - Yoraway · Heuer HCSD - Sgt. Cunnington 'Barb St. Marie . FWBI - Talbot, South Lake Ewald & Schlachter Water Patrol - Borrett Stuart Oxygen - Sandy Yetzer HCSD - R. Wade Kraft Water. Patrol - Peterson Childs, C. Pearson - Orono PD Red Owl - Yoraway ANNUAT~ VEHIC]LE REPORT Chuck Childs wes made assistant to the Vehicle Officer. The jeep was put back on line with new eGuipment, such ss a scanning radio, shotgun rack, and a new 12V DC. electrical system (by putting in an alternator and battery, and with some rewiring). Both the jeep and the CSO t~uck received new paint jobs, m~W~ng them consisten~ in color with the rest of the department's vehicles. A new policy was implemented into the Unit 'bo help keep :bl~e vehicles better maintained. Car check lists were dra~q~ up with the purpose'to show the current operating status of each vehicle. These reports were turned in to the Liaison Officer, and the City Mechanic, and a copy was k'ept on file. Along this line, the Unit was trained to do vehicle checks and what to do if there was a problem. Both these operations improved the likelihood of catching problems in the vehicles before they were taken out onto the road. Training for the jeep not only included the standard vehicle check, but also the finer details, of the jeep's eccentricities, such as starting and driving it. After such train~.ng, tho jeep participated in the infamous Mound Memorial Day Parade, the Firs~ Annual Blue Water Daze Parade, and the Hopkins Raspberry Festival. !Tonka''' say s Cai forn a 'planning' to buy its Property.. ,By Diana Ettel Gonzalez. ,Staff Writer .... ~Tonka Corp. ~fftclals say they _:are ',ne§otiating a sale of their Mound ,,and Spring P/irk buildings to a Cali- ,for:h'ih company. IThe. two bulldin~s al~d SOme'parcels ',o! land owned by Tonka in the' area · ,migat be sold to Balboa Construction. ~'Co'.V'Inc., 'a developer of industrial ,am~,self-stora§e facilities in several · ,stat~s.- Balboa; the. lar§est .privately hekl self-storage company in Callfor- nia~ 'has Its main offices in Chats- iwo. r~.', about 25 miles northwest of Los Angeles.: ... ';Tonka clo~ed its 'MoUnd plant 'in De-. ~cember, eliminatin§ about 500 pr~- lduction jobs. The company kept its ,corporate offices, with 'about 1110 em- :plS~ees, in its Spring Park headquar- ,~ers but moved its manufacturing op- ierations to a new'. i~lant in El Paso, ~exas.-Tonka also runs a plant in g~,ez, Mexico.; . ... . . · "If Balboa buys the two build, ir~~s TOn- ka officials'plan''t0~ ' lease back space in Spring Park for. admir/istrative of- rices,, said Martin LeBus, senior vice president and chief financial officer · at Tonka. .. "We do not have any Plans Or inten- tions at this time to move our 'offices from Spring Park,:' LeBus sald~ .Ton- . ka hopes to close the sale in March, he said.- . Balboa officials'said' they'<plan'"" .to lease the T6nka-buildings for offices, warehouses, !iiht manufacturing research and ·development... The company· plans to begin leasing as soon-ns possible, and officials said 'the development should be ed within three to five years. ' 'Inltiaily 86me sPa¢e in th~ buii~'ing~ / would he rented for ~torage of bo~t~ ~md recreational vehicles. That would he phased out ~s the company leased space to other t.e'nants, Michael Qoland, president ol. the firm. Goland ~timated that the ~evelop- .ment would house companies' that could provide 2,000 jobs, not count- ing jobs generated bY renovation of the buildings. . . . Other Parcels'of i nd' o ' ht from -- Tonka would~ be developed for resi- dential- and commercial uses, includ- in8 housing and restauranis, Ooland . said. He said Sen. Rudy Boschwitz, R-Minn., w~ instrumental in att~act- i}mE the company to Minnesota. ii.', . : Mound M~yO;· l~q.b.PoiSt°n< ~)~' Ci~ · officials hope to meet with Tonka and Balboa representatives within a 'week to discuss the plans. · . . . , ..: . ....:,..., ,-,.;, !.:~-.. ,We're Waiting i0 ~eta deVelOpers, a~reement that will ,spell out the types of/thin~ they'd use the build- .lng for," P01ston.said..' : ~ ...~ i~' . ..-~ !. ."Some indications of what: they'd/ like to do would be exciting roi:. Mound, Balboa 'and TOnka," he said, adding that Mound officials have been concerned abbut attracting an- 'other company that would provide Jobs for displaced workers/..~- · TO: FROM: DATE: SUBJ: LMCD BOARD OF DIRECTORS Robert Brown January 25, 1984 Long Term Reliable Car-Trailer Parking Standards Revised 1-21-84 The Lake Minnetonka Task Force agreed to a goal of 700 long term reliable spaces for car-trailer parking in the vicinity of present and future access sites at Lake Minnetonka. The Task Force further recommended that the Lake Minnetonka Conservation District establish an acceptable set of standards for identifying and counting of these spaces and monitor progress toward the goal on a continuing basis. The LMCD accepted this charge at its regular meeting on December 7, 1983. The following set of standards is proposed for consideration and adoption by the LMCD and the Minnesota Department of Natural Resources for application to Lake Minnetonka: 1. Ail spaces must be within 1500 feet of a public access point. 2. Ail off-site locations should be provided with a long-term agreement on file with the LMCD. 3. Off-site space locations, either off-street or on-street must be identified by clear, permanent type signage at the access point. Ail off-street spaces must be layed out on a plan on file with the LMCD. The plan shall clearly indicate each car-trailer space and adequate ingress, egress and manuevering space. 5. Ail spaces must be available, as a minimum, from 5 p.m. on Friday until midnight Sunday, and on holidays during the boating season. 6. Ail on-street spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Regularly spaced permanent signage stating "transient car- trailer parking only." R.T.B. jm CITY of MOUND MOUND, MINNESOTA February 17, 1984 Mr. Mark Eckes, Chair Citizen Adv.isory Committee 1983 Job Bill Appropriation 2353 Government Center Minneapolis, MN. 55487 Dear Mr. Eckes: Thank you for your letter of February 15, 1984, regarding the City of Mound's Jobs Bill Program. We are proud of the efforts these funds have assisted in redeveloping the economic life of Downtown Mound. Today.we drew up the closing papers for our second loan and layed out the procedures for our third loan that hopefully could close next week, The total funds spoken for or used as of February 16, 1984, are $57,707. That leaves us wi'th about.$42,0OO remaining.for the year through December 3Oth. On the private si~e, by our latest estimates, it has generated almost $260,000 worth of new investment in our City, a ratio nearly equal to 5:1. Please rest assured we are carefully monitoring our expenditur~pattern and are anxious to demonstrate a record of program and financial success. Again, thank you for writing.. Sincerely, am City Manager JE: fc 1983 jobs bill additional appropriation Citizen advisory committee 2353 government center, February 15, 1984 minneapolis, mn. 55487 Mn. John Elam City of Mound 5341Maywood Road Mound, Mn 55364 Dear Mr. Elam: The Citizen Advisory Committee for the 1983 Jobs Bill Additional Appropriation met on February 8, 1984 to review the status of the Jobs Bill funded activities. According to staff reports, it appears the Mound Small Business Rehabilitation Loan Program is proceeding according ~-~-c~e~ul e- ' During March, the Committee will determine what action should be taken to recover uncommitted balances and reprogram the funds involved. To assist us in our review process, we are requesting that the City prepare a report detailing the status of the Jobs Bill Activity to date and a schedule for completing the project. Please submit the report to the Hennepin County Office of Planning and Development by March 1, 1984. If you have any questions, contact Larry Blackstad, your CDBG representative. Sincerely, Mark Eckes' Chair Ci ti zen Advi sory Committee mlg cc: CAC Members HUBERT H. HUMPHREY, II1 ATTORNEY GENERAL STATE OF MINNESOTA OFFICE OF THE A'VFORNEY GENERAL ST. PAUL 55155 /). c~//~ ~ Februa~ ~_~/ A~DDaESS REPLY TO: II00 BREMER TOWER SEVENTH PL. AND MINNESOTA ST. ST. PAUL, MN $3101 TELEPHONE: (612) 296-9412 13, 1984 'Randall D. Young Executive Secretary Minnesota Public Utilities Commission 780 American Center Building 160 East Kellogg Blvd. .St. Paul, MN 55101 Subject: Exceptions of the Department of Public Service Continental Telephone Company Document No. P-407/GR-83-294 Dear Mr. Young: The Minnesota Department of Public Service (the Department) takes exception to the Report of the Hearing Examiner in the above- captioned matter in only one instance. Examiner Greenberg Recommended that rates for Extended Area Service.(EAS) provided by Continental Telephone Company (Continental) should be based upon Continental's statewide average book cost as determined in Continental's 1981 embedded cost study. He further recommended that all EAS rates, including Metro EAS, should ~e unbundled from monthly local servicD exchange rates. Fi~lly,-he recommended that if the Commission does not adopt his recommendation to base all EAS rates on the 1981 cost study, as an alternative the Commission should increase all EAS rates by a uniform percentage, of the same percentage as local rates are increased in this case. H.E. Report, p.22. The Department supports Examiner Greenberg's first two recommen- dations, but believes his third recommendation should be modified by the Commission. The Examiner noted that the 1981 cost study may not reflect all costs and circumstances that have changed since the 1981 study was prepared, but felt that no more Company-specific data is available. H.E. REport, p.20. The Department's recommendation, to increase all EAS rates by a uniform percentage addresses the Examiner's concerns: it increases EAS rates from the 1981 levels and provides a means to recognize changes since the 1981 study. AN EQUAL OPPORTUNITY EMPLOYER Randall D. Young February 13, 1984 Page Two The Commission should base all EAS rates on the 1981 embedded cost study, unbundle EAS from local rates, and should also increase all EAS rates by the same percentage as local rates are increased. tted, .I Special Assistant Attorneys General CKS:gems cc: all parties of record ON BEHALF OF THE MINNESOTA DEPARTMENT OF PUBLIC SERVICE 1100 BREMER TOWER SEVENTH PL. AND MINNESOTA ST. ST. PAUL, MN 55101 TELEPHONE: (612) 296-9412 American Legion Post 398 DATE JAh~JARY31~ 198& · GALLING REPORT CURRENT MONTH YEAR TO DATE GROSS: ~ 267 5, O0 ,e. 2675. O0 EXPENSES: ~L~ N~ ~.~ T ~75. oo S.~L~S ~AX ~5~.oo PAYOUT AS PRIZES: PROFIT: ~226.00 ~5oo.oo ~949.00 ~226,t00' ]500.00 ~9&9.00 DISTRIBUTION OF PROFITS: A.F.s. BOYS STATE HILLTOP SCHOOL LT-GI ON MKMOHI t'.~LS ALANO .r~: ?./%-. , CHTCK! NG ACCOUNT ~ 2613.00 ~80.00 1OO.OO 150.00 lO.O0 25.00 ~365.o0 ~365.oo TWIN LABOR CITIES MARKET INFORMATION LABOR MARKET CONDITIONS Vol. 8 No. 2 FEBRUARY 1984 After five straight months in which the unemployment rate declined or remained un- changed, the jobless rate in the Minneapolis-St. Paul metropolitan area rose slightly in December. '~his seasonal increase was slightly less than the average November to December change over the past thirteen years. The area's unemployment rate has fallen from 6.9 percent a year ago to the level of 5.6 percent. Nationally, the unemployment rate has fallen more rapidly, from 10.5 percent to $.0 percent. Data on national unemployment rates for various demographic groups shows that the economic recovery has improved the unemployment situation for adult men and white teenagers more than adult~omen. Over the past twelve months, the jobless rate for white adult males fell by 2.3 percentage points to 6.9 percent, the rate for black adult males fell by 5.5 percentage points to 15.1 percent and the rate for white teenagers fell by 4.1 percentage points to 13.6 percent. While the jobless rate for adult females fell by a smaller amount, their unemployment rate remains lower Ithan that for men. In contrast to the rather significant declines for other groups, the unemployment rate for black teenagers rose by 6.1 percentage points to 48.3 per- cent. Although the number of unemployed black teenagers was 25,000 lower than a year ago, the number of employed black teenagers also dropped by 22,000 indicating a serious degree of discouragement regarding job prospects. LABOR FORCE ESTINATES (not seasonally &djuste~) AREA C]VZLIAN LABOR FORCE TOTAL EMPLOYNENT UNENPLOYMENT UNEMPLOYMENT RATE DeC. Nov.O Dec. 'Dec. Nov.O Oec. Dec. Nov.D Dec. Dec. Nov.D Dec. 1983p 1983" 1982R 1983p 1983" 1982R 1983P 1983" 1982P 1983p 1983" 1982R #tnneapolls- St. Paul SHSA* 1,219.9 1,217.3 1,168.7 1,151.7 1,1S1.4 1,088.4 68.2 65.9 80.3 5.6 S.4 6.9 County: A~oka 115,932 115,452 111,321 109,027 108,996 103,035 6,905 6,456 8,286 6.0 5.6 7.4 Carver 21,850 21,496 21,173 20,607 20,602 19,475 1,243 894 1,698 5.7 4.2 8.0 Chtsago 15,688 15,236 14,845 14,305 14,301 13,519 1,383 935 1,326 8.8 6.1 8.9 Bakota 115,045 114,171 109,986 107,977 107,947 102,043 7,068 6,224 7,943 6.1 5.5 7.2 Hennepin 551,377 552,961 529,214 523,673 523,526 494,895 27,704 29,435 34,319 5.0 5.3 6.5 Ramsey 270,540 270,746 258,857 255,761 255,690 241,706 14,779 15,056 17,151 5.5 5.6 6.6 Scott 26,230 25,771 25,276 '24,355 24,349 23,017 .1,875 1,422 2,259 7.1 5.5 B.9 Washington 67,150 66,518 64,078 63,176 63,158 59,704 3,974 3,360 4,374 5.9 5.l 6.8 Wright 36,086 34,936 33,925 32,800 32,7B8 30,296 3,286 2,148 2,929 g.1 6.1 8.6 City of Minneapolis 217,432 218,660 208,951 206,347 206,289 195,007 11,085 12,371 13,944 5.1 5.7 6.7 City of St. Paul 159,524 159,635 152,648 150,319 150,277 142,058 9,205 9,358 10,590 5.8 5.9 6.9 Mtnnesoti* 2,212.8 2,225.5 2,129.0 2,046.4 2,074.7 1,943.3 166.4 150.8 185.7 7.5 6.8 8.7 United States' 111,795 112,147 110,477 102,803 103,018 98,849 8,992 9,129 11,628 8.0 8.1 10.5 P · Preliminary R · Revised EHPLOYHENT, HOURS A~D £ARNIt4GS tn the Minneapolis-St. Paul Metropolitan Area PERCENT PRODUCTION WORKERS' HOURS & EARNII~G ~S~/ EHPLOYHENT CHANGE INDUSTRY (000) FROM Average Weekly Average Hourly Average Weekly Earnings Earnings Hours DEC. Month Year Month Year DEC. Month DEC. Month DEC. Month 1983 Ago Ago Ago Ago 1983 Ago 1983 Ago 1983 Ago TOTAL NONAGRIcuLTURAL 1089.6 1088.8 1059.g 0.1 2.8 ' XX XX XX XX XX XX I~ANUFACTURING 234.0 234.S 227.1 -0.2 3.0 420.16 415.84 10.40 10.37 40..4 40.1 Oureble Goods 149.1 149.g 143.6 -0.5 3.g 431.18 426.42 10;34 10.30 41.7 41.4 Lumber & Wood Products 4.5 4.7 3.8 -3.9 20.7 436.11 455.80 10.93 11.S1 Furniture & Fixtures 1.S 1.S 1.5 0.0 S.1 336.78 333.37 8.68 8.57 38.8 38.9 Stone, Clay & Glass 3.2 3.3 3.2 -4.2 0.6 387.00 366.46 10.32 10.04 37.5 36.5 Primary Metals 3.g 4.0 3.8 -0.4 3.5 377.09 376.68 8.79 8.76 42.g 43.0 Fabricated t4etml$ 26.3 26.4 26.1 -0.3 O.g 494.91 485.39 11.70 !1.64 42.3 41.7 Non-Electrical Mechtnery 62.1 61.5 58.3 O.g 6.5 431.60 425.15 10.35 10.22 41.7 41.6 Electrical Mechtnery 17.4 17.4 17.3 -0.1 0.6 389.23 375.83 g.18 g.10 42.4 41.3 Transportation Equipment 3.1 3.4 3.4 -8.1 -7.4 550.83 574.78 12.81 12.83 43.0 44.8 Other Ourablesl_/ 26. g 27.6 26,3 -2,2 2.5 407.63 403.03 g.87 g.83 41.3 41.0 Nondureble Goods 84.8 84.6 83.5 0.3 1.6 402.53 400.43 10.51 10.51 38.3 38.1 Food & Kindred Products 18.2 18.1 18.3 0.1 -0.5 360.96 358.g0 9.60 g.62 ~.6 37.1 Textiles & Apparel- 2.2 2.2 2.3 -0.7 -S.1 219.83 211.58 5.99 S.g6 36.7 35.5 Paper & Allied Products 24.4 24.3 23.9 0.2 1.9 451.19 451.19 10.82 10.82 41.7 41.7 Printing & Publishing 24.6 24.4 24.4 0.7 0.8 390.33 390.98 11.38 11.30 34.3 34.6 Chemical Products 6.3 6.3 6.1 -0.7 2.5 447.30 435.86 11.44 11.44 39.1 38.1 Retroleum Products 1.6 1.6 1.5 -3.4 2.0 520.41 520.40 12.45 12.57 41.8 41,4 Rubber & Leather Products 7.8 7.6 7.1 1.8 g.7 366.22 358.29 9.11 g.14 40.2 39,2 NONt4ANUFACTUR I NG 855.7 854.3 832.8 O. 2 '2.7 XX XX XX XX XX XX CONSTRUCTION 35.4 38.7 32.g -8.6 7.7 591.50 562.44 16.90 16.35 35.0 34.4 Building Construction 10.4 11.0 g.O -6.2 15.$ S56.34 558.25 15.85 15.gS 35.1 35.0 Highway & Heavy Construction 2.g 4.6 2.6 -37.3 10.4 465.46 461.65 13.69 13.42 34.0 34.4 Special Trades Contracting 22.2 23.1 21.3 - -4.0 4.1 623.73 582.43 17.77 17.08 3S.1 34.1 TIL~NSPORTATION 39.4 39.1 . 40.1 0.6 -1.8 XX XX XX XX XX XX Rellroads 6.g 6.g 6.g 0.0 -1.1 527,70 527.70' ll.18 11.18 47.2 47.2 lrucktng & Warehousing 13.5 13.4 13.9 1.2 -2.6 437.90 442.51 12,37 12.43 35.4 35.6 PUBLIC UTILITIES % COf~. 20.6 20.S 20.S 0.4 0.3 505.60 S05.69 12.80 12.77 3g.S 39.6 TRADE 272.6 268.3 265.4 1.6 2.7 238.64 236.16 7.85 7,82 30.4 30.2 Retail Trade 198.1 194.0 191.8 2.1 · 3.3 187.09 184.92 6.73 6.70 27.8 27.6 Generel Merchandise Stores 36.3 34.2 34.6 6.3 4.9 177.30 173.60 6.99 6.07 29.6 28.6 Food Stores 25.1 24.8 24.6 1.2 1.7 246.21 238.43 8.49 8.25 29.0 28.9 Eating & Orinktng Places 60.9 60.8 61.6 0.2 -1.2 84.98 85.82 4.52 4.47 18.8 lg.2 Wholesale Trade 74.5 74.2 73.7 0.4 1.2 407.16 399.90 10.44 10.36 39.0 38.6 FINANCE, INS. & REAL ESTATE 73.g 73.B 72.7 0.2 1.7 Finance 32.0 31.8 30.5 0.5 4.8 Insurance 29.4 29.4 29.~ 0.0 0.7 Real Estate 12.5 12.6 13.C -0.2 -3.3 SERVICE % 141SCELLANEOUS 258.2 257.9 249.) 0.1 3.4 Business & Personal Services 63.2 62.7 60.S 0.8 3.8 Repair Services 12.7 12.4 12.~ 1.g 3.8 . Pedical Services 74.9 74.g 73.2 0.0 2.3 Hospitals 30.3 30.7 30.~ -1.1 -1.3 Nursing Noee$ 20.1 20.0 20. C 0.6 0.7 GOVERNMENT 155.6 156.1 151. -0.3 2.7 State 49.0 49.6 47.1 -1.2 4.1 Local 89.3 89.4 87.( O.O 2.6 ** Less than .05 1_/ Includes Scientific Instr~nents and Miscellaneous Menufacturlng ~_/ Average earnings data are on a 'gross' basis and are derived from reports of payroll for full- and part-time production or nonsupervtsory workers. The payroll is reported before deductions of any kind. Bonuses, retro- active pay, tips, pmywent in kind, an~ "fringe benefits' are excluded. Source: Current Employment Statistics Program (Figures rounded to nearest hundred) EMPLOYMENT AND EARNINGS CONDITIONS There was little change in the total number of nonagricultural wage and salary jobs in e Twin Cities area between November and December. As expected, ~e~sonal factors ~ed a significant role as a loss of 3,300 construction jobs was more than Offset by 100 additional jobs to handle holiday shoppers in the retail trade industry. The job market picture was considerably brighter at the end of 1983 than at the begin- ing. According to the sample-based estimates, there were almost 30,000 more wage and salary jobs in the Twin Cities area this December compared to a year ago. The picture was brighter in nearly all private sector industries. Nearly all manufacturing indus- try groups had. higher employment, although the nonelectrical-machinery industry which · includes computer manufacturers accounted for 55 percent of the increase in manufac- · turing jobs. The computer and office machine industry accounts for about half of the total number of jobs in the nonelectrical machinery industry in the Twin Cities. There were 15,700 additional jobs in the trade and service industries, accounting for about halt of the. total job increase. The construction industry experienced the fast- est relative growth over the year, 7.7 percent. Average hourly earnings of production workers in the manufacturing sector were up by 4.6 percent from' last December. This was the smallest over-the-year increase in the past ten years. -Over that time span, the average December to December change was 8.5 percent. Production workers in 10 of the 14 manufacturing industry groups also worked longer hours each week compared to a year ago.' Meanwhile, inflation as measured by the Consumer Price Index is running about 3.7 percent higher than a year ago. ~TERISTICS OF PERSONS MING UNEMPLOYMENT INSURANCE The number of unemployment insurance claimants rose by about 4,400 from Nov- ember as colder weather slowed construc- tion activity. The increase in the num- ber of claimants who last worked in con- struction was larger than in recent years because more individuals were working during the past summer. Last year at the depths of the recession, the number of construction workers claiming UI increased by 69.3 percent between November and December. In 1978 and 1979 when construction activity was at its peak, unemployment claims increased by over 250 percent between November and December. The number of long-term unemployed bQs dropped significantly from a year ago, reflecting improvement in the local labor market. A year ago nearly 25 per- of the UI claimants had been unem- for more than 15 weeks. In the manufacturing sector, the figure was nearly 30 percent. L~ARACTERZSTICS OF THE iHSURED U~EI~PLOYED (Regular Beneflts Program) HZNNEAPOLZS-ST. PAUL SMSA Week Endtng 12/16/83 Percent Change Industry and' From: Percent Percent 1/ Occupational )tonth Year of Long-Ter'~-' Percent Attachment Number Ago Ago Total Unemployed Women Total, All Industries 17,536 33.7 -43.3 100.0 16.3 27,2 Construction 4,581 172.2 -18.6 26.1 3.4 4.1 Manufacturing 4,270 33.1 -61.7 24.3 17.1 32.7 Durable Goods 3,011 37.6 -66.0 17.2 16.O 30.7 Nondurable Goods 1,25g 23.4 -44.9 7.2 19.7 37.4 Trans., Cme., and Public Utilities 773 33.5 -31.O 4.4 15.0 16.6 Wholesale Trade 1,262 4.7 -50.8 7.2 23.7 27.5 Retail Trade 1,943 7.2 -36.2 ll.1 26.1 34.5 Fin., Ins., and Real Estate 667 6.0 -2g.2 3.8 31.0 51.4 Services 2,902 0.4 -40.8 16.5 27.2 51.2 · Public Admin. 425 10.7 -18.6 2.4 15.1 '35.3 All Other .663 248.9 -18.1 3.B 3.3 B,0 Inf. Not Available 50 -90.7 -79.8 0.3 0.0 12.0 Total, All Occupations 17,536 33.7 -43.3 lO0.0 16.3 27.2 Prof., Tach., ~gr. 2,660 -6.5 -44.2 15.2 32.4 37.7 Clerical 2,127 -7.6 -41.gi 12.1 29.2 76.5 Sales 697 1.8 -36.5 4.0 28.6 24.7 Service 1,216 -3.9 -35.5 6.9 25.2 41.0 Farm., For., Fish. 441 lB4.0 -16.6 2.5 2.9 6.8 Processing 265 43.2 -56.7 1.5 10.2 15.5 Machine Trades 1,028 15.6 -65.5 5.9 14.g 15.8 Benchwork 1,608 38.9 -62.2 9.2 ll.5 52.0 Structural Work 4,603 126.7 -27.1 26.2 5.1 2.5 Miscellaneous 2,864 79.B -39.7 16.3 g.0 9.3 Inf. NOt Available 27 b8.8 -71.O 0.2 22.2 44.4 NOTE: Percentages may not total to 1OO.O due to independent rounding. l_/ Long-Term unemployed refers to unemployment insurance claimants whole current spell of unemployment has lasted 1S weeks or longer. THE JOB MARKET Average weekly gross earnings of production and non-supervisory workers in the manu- facturing, construction, transportation, public utilities and trade industries are published monthly in this bulletin. Such figures are not compiled for the finance, services and government sectors. They are collected for the first two, but, the sam- ple is too small to warrant publication. Production workers' earnings are not col- lected for the government sector. Earnings in all these industries can be compared, however, for workers in "covered employment", wage and salary employment in establish- ments covered by Minnesota Unemployment Insurance. This includes most nonagricultural wage earners, both full and part-time. The following table lists these earnings for the second quarter of 1983 and the same period one year e~rlier, with a further break- down for segments of the finance, government and service industries. AVERAGE WEEKLY EARNINGS FOR COVERED EMPLOYMENT 1N THE MINNEAPOLIS-ST. PAUL METROPOLITAN AREA Industry_ '~e¢Ond Qua~tert 1983 Second quarter~ 1982 Percent Change TOTAL, ALL INDUSTRIES $ 358.36 $ 339.26 5.6 MANUFACTURING 462.3D 439.58 5.2 Du~able Goods 453.09 433.98 4.4 Non-Durable Goods 47B.13 449.62 6.3 CONSTRUCTION 466.76 A63.82 0.6 TRANSPORTATION 479.32 427.13 12.2 PUBLIC UTILITIES & COMM. 496.35 485,99 2.1 TRADE 261.11 252.62 3.4 Wholesale 449.46 435.91 3.1 Retail 191.57 180.40 6.2 FINANCE 382.56 337.59 13.3 Banking & Credit 343.23 314.62 g.1 Brokerage 723.78 540.93 33.8 Insurance 393.45 355.73 10.6 Real Estate 233.43 229.75 1.6 SERVICES 277.38 259.90 6.7 Lodging 165.43 151.80 9.0 Personal Care 210.22 195.73 7.4 Business 258.28 245.51 5.2 Repair 300.84 293.90 2.4 Recreation 177.27 166.60 6.4 Health 312.37 289.08 8.1 Legal 513.03 456.71 12.3 Education 259.18 239.01 8.4 Social Services 205.16 193.12 6.2 Professional 442.48 417.77 5.9 Membership Groups 187.61 177.51 5.7 GOVERNMENT 419.95 394.40 .6.5 Federal 508.94 464.82 9.5 State 414.40 389.57 6.4 Local 404.40 382.73 5.7 Source: Quarterly Report of Covered Employment and Wages, Research Office, Minnesota Department of Economic Security. Weekly earnings tend to be lower than average in 'certain services such as lodging, personal care and entertainmeqq. This is in part due to the fact that, like retail trade, the average number of hours worked per week is low, less than 30. Conversely, earnings are high for those employed by legal firms, the federal government and bro- kerage houses. The latter displayed a large percentage increase, perhaps due to the increased volume of bullish activity in the stock market during that period. The overall change in earnings of 5.6 percent from second quarter 1982 to second quar- ter 1983 represents the lowest increase since 1975, and a significant drop from the 9.1 percent registered the prior year. The average annual increase in earnings for the past nine years was 7.8 percent. 300 Metro Square Bldg., St. Paul, MN 55101 ...' ~.- ~-': ...... '->=~:' :'.-.----~ · · / ,- ~....., ~,,,,..... '~ ~ >~:; ~.,-.~' General Office Telephone (612) 291-6359 - ,,,; -;;--. ,.¢;~,__~,. For more information on item~ m ~s pubiicatio~ v'~ ~ ~ ~ 0 qg L ' Fem W O. Fuu-u ~ ~;~n ~,mm-Responsible for trenspo~tio.. -' paFE's, airpo~.~ater pollution and ~aium; ~mmi~ RECENT COUNCIL ACTIONS (Jan. 3l~Feb. 10) Sewers--The Council approved the Metropolitan Waste Control Commission's proposal for a new interceptor main- tenance and dispatch.building at the Seneca sewage treatment plant in Eagan. The new building would cost $3J~ million, with 100 percent local funding. The Council said a new bui,~dlng is - "' '~ ,,c~,~, be=u== ~.~. ~r~-sent facility is inadequate. Housing--The Council said a rental housing bond program proposed by Apple Valley is consistent with Council guide- lines. The city plans to issue up to $9 million in tax~xempt revenue bonds to finance a 180-unit rental apartment complex at Essex Av. E. and Pilot Knob Rd. The Council also said the city should ensure that 20 percent of the units are reserved for tenants with Iow and moderate incomes for at least 10 years. Parks-The Council approved a Hennepin County Park Reserve District master plan for an 11.2-mile regional trail segment between Elm Creek Park Reserve and Medicine Lake Regional Park. The segment is the western leg of a proposed 40~nile trail loop for hiking, biking, horseback riding and ....... other activities. The Council also approved a master plan and a $600,000 development grant to the city of St. Paul to initiate the first of a four-phase restoration of the Como Park Conservatory. The first phase includes rehabilitation and improvements at the existing display area and adjacent plant-growing house, and the replacement of three growing houses. The entire restora- tion is expected to cost $4 million. Transportation- (The follOWing information was inadver- tently omitted from the Jan. 27 Review.) The Metropolitan Council said the institutional structure for planning and oper- ating transit in the Twin Cities Area needs to be overhauled. The Metropolitan Transit Commission should be changed so that the planning, programming and policy, roles for transit would be "unmistakably" separated from the ownership, management and operation of services, it said. The recom- mendations respond to the need for cost-effective services in the Region, the Council said. The recommendations were made Jan. 19 in response to a request from the Legislature's Transit Study Commission. The commission asked the Council to review the institutional structure for transit in the Region and to recommend a preferred structure. Restructuring of Council Committees--The ~ouncil reduced the number of its standing committees'from six to four. The committees provide public discussion of and recommendations on all matters coming before the Council. The committees, made up of Council members, have the following responsibilities: -- Me=opolitan and Community Development--Responsible for development and implementation of Council policy for physical and human resources; commit-tee chaired by Joan C~mpbell. chaired by Marcia Bennett, -- Environmental Resources-- Responsible for development of waste management policies, siting of solid waste landfills and for other environmental activities; committee chaired by Josephine Nunn. -- Management-- Responsible for internal management of the Council; committee chaired by Patrick Scully. · Health-Th.- Ceunci! rais.~d_ *_h.e ~s of'its De,:elopmenta! Disabilities Task Force to a Developmental Disabilities Advisory Committee. The 25 members of the committee will continue to carry out their responsibilities until Oct. 1, when they will be up for appointment. Kathryn Beebe, Burnsville, chairs the committee. · PUBLIC HEARINGS, PUBLIC MEETINGS Health--The Metropolitan Health Planning Board will hold a Public_hearing Wednesday, Feb. 22, at 5 p.m. in the Council Chambers on a certificate-of need request from the University of Minnesota Hospitals .an.d _C._l!n!cs. The .university wants to purchase a nuclear magnetic resonator, which I~rovides images of the body, at a cost of $32 million. For more information, call the board at 2914~352. Health--The Council and the Metropolitan Health Planning Board will hold a joint public hearing Feb. 29, 7 p.m., in the Council Chambers. They are seeking public comment on a proposed 1984 Annual Implementation Plan for health and a- 1984-1985 federal grant application for continued funding. If you wish to speak at the meeting, call Debbie Conley at 291-6352. For a copy of the plan, pub. no. 18~4-013, call 291 ~464. Solid Was'm--The Council will hold a public meeting March 5 to obtain public comment on a scoping environmental assessment worksheet {EAW) on a proposed vertical expansion of the Oak Grove sanitary lan_drill. The meeting will be held at the Oak Grove Town Hail, 19900 NW. Nightingale St., Oak Grove Twp., from 7:30 to 10 pzn. If you wish to speak at the meeting or submit written testimony, call Council planner Jim Uttley at 291-6361. To obtain a copy of the EAW, pub. no. 074~44)10, call 291~464. NEW APPOINTMENTS The Council hired Gary Pagel, former Metropolitan Council member from 1975 to 1979, to work with the state legislature and local governments on matters that affect the Council. Pagel, who lives in West St. Paul, has been director of govern- mental affairs for the Minnesota Association of Realtors in Minneapolis since 1979. The Council confirmed two appointments to the Transportation Advisory Board submitted by the Association of Metropolitan Municipalities: Brian Coyle, 6th Ward council member in Minneapolis; and Robert Lewis, mayor of Coon Rapids. REGIONAL ECONOMIC POLICY ROLE RECOMMENDED FOR COUNCIL The Metropolitan Council may broaden its policies to include discussion of regional economic issues, including economic opportunity for the poor and unemployed. The Council's Special Committee on Economic Development has recommended the policies to the Council. The policies would ensure that private sector concerns are given full consideration in regional planning. The recommended policies represent a change in how the Council would view economic development proposals. Until ' now the Council has had no policy anchor for involvement in economic development. The new policies would become part of the Council's plan for the growth and development of the Region. The policies do not include business financing mechanisms the Council proposed last fall. The Council is expected to act on the economic policies on Feb. 23, 4 p.m., in the Council Chambers. For copies of the hearing report, Interim Economic Policies for the Metropolitan Development Framework, pub. no. 02-83-129, call the Communications Department at 291-6464. COUNCIL SPONSORS AFFORDABLE HOUSING ' COMPETITION · An awards competition to discover the best in new afford- able housing in the Twin Cities Area has been announced by the Metropolitan Council. The competition is aimed at build- ers and developers who have housing units for sale under $75,000, the price range of many first-time buyers. Any type of housing--single family, attached or condo- minium-and any method of construction is eligible. Entries must be located where public sewer and water are available. Winners from various housing types and cost categories will be selected by a committee of housing professionals. Criteria include value for the money, general appeal, livabillty, energy and use of space. Applications must be received at the Council by March 21. Winning houses will be open for a public tour sponsored by the Council on April 28-29 as part of the Council's Metro Days event. For more information or an application, call Joanne Barr0n at 291-6385. NOMINATE SOMEONE FOR REGIONAL CITIZEN OF THE YEAR The Metropolitan Council is seeking nominations for the first "Regional Citizen of the Year" contest, which will honor a citizen of the Twin Cities Metropolitan Area who has made a significant contribution to the Region as a whole. A committee representing Council members and members of Council advisory committees will make the selection, to be announced at the State of the Region luncheon May 1. The deadline for submitting nominations is March 16. A candidate must be a r. esident of the Seven-County Area. To nominate someone, send your name, address and telephone number and the name, address and phone number of the person you're nominating to Lynna Williams, Metropolitan Council Communications Department, 300 Metro Square Bldg., 7th and Robert Sts., St. Paul 55101. Also include a description, no more than 200 words, of the nominee's involvement in regional affairs and why you think the person should be chosen. NATION'S PLANNERS TO EXPLORE TWIN CITIES IN MAY An estimated 2,000 planners and local officials will descend on the Twin Cities May 5-9 for the annual national planning c~nference of the American Planning Association. The confer- ence, hosting participants from the 50 states and Canada, is About 36 tours and workshops on Twin Cities accomplish- ments are planned. They will include the downtown areas, refurbished neighborhoods, public-private partnerships, and other evidence of innovative planning. The conference will als= cover national planning developments, Canadian planning and Canadian inves-~rnen~s in the U.S., and the role of comp~,*~s and telecommunications. Conference headquarters will be the Hyatt Regency hotel in downtown Minneapolis. The nonmember conference registration fee is $250 if made before April 6. To register, write the American Planning Association National Planning Conference, Box 94343, Chicago, Illinois 60690. NEW PUBLICATIONS Metropolitan Issue=: A Classroom'Kir. Dec. 1983. No. 08-83-080; no charge. Housing Vacancy and Turnover in the Twin Cities Merro. poliran Area, October. December 1983. Feb. 1984. No. 19- 84-028; 9 pp.; no charge. Obscure Geographic Place Names in ~he Twin Cities Metro. poliran Area. Jan. 1984. No. 01-83-157; 17 pp.; $1. Pub/lc Water Access on Twin Cities Metropolitan A~ea Lakes and River~, 1983 Annual Report to the Legislative Commission on Minnesota Re$ource= Dec. 1983. No. 11-83- 149; 23 pp.; no charge. Regional Service and Finance Study on Transit, Summary Report to the Legislative Study Commission on Metropolitan Transit. Jan. lg84. No. 25-84-019; 14 pp.; no charge. Hearing ReporT, Interim Economic Policies for the Metro- politan Development Framework. Feb. 1984. No. 02-84-029; 73 pp.; no charge. COMING MEETINGS (Feb. 21-March 2) [Meetings are tentative. To verify, call 291-64~4.) Metropolitan Waste Management Advisory Committee, Tuesday, Feb. 21, 11 a.m., Council Chambers. Environmental Resources Committee, Tuesday, Feb. 21, 3 p.m., Conference Room E. Arts Advisory Committee, Tuesday, Feb. 21,5:15 p.m., _ Council Chambers. Metropolitan Housing and Redevelopment Authority Advisory Committee, Wednesday, Feb. 22, 9 a.m., H RA Conference Room, LL25 (Lower Level Metro Square). Metropolitan Health Planning Board, Wednesday, Feb. 22, 4 p~n., Council Chambers. Metropolitan Systems Committee, Wednesday, Feb. 22, 3 p.m., Conference Room E. Metropolitan Ridesharing Board, Thursday, Feb. 23, 9 a.m., Council Chambers. Metropolitan and Community Development Committee, Thursday, Feb. 23, 1 p.m., Conference Room E. Metropolitan Council, Thursday, Feb. 23, 4 p.m., Council Chambers. Adv. isory Commit-tee on Aging, Friday, Feb. 24, 9 a.m., Council Chambers. Metropolitan Parks and Open Space Commission, Monday, Feb. 27, 3 p.m., Council Chambers. Environmental Resources Committee, Tuesday, Feb. 28, 3 p.m., Conference Room E. Metropolitan Systems Committee, Wednesday, Feb. 29, 3 p.m., Conference Room E. Long-Term Care Task Force, Thursday, March 1,8 ., Council Chambers. Metropolitan River Corridors Study Committee, Thursday. March 1, noon, Conference Room E. Metropolitan and Community Development Committee, Thursday, March 1,2 p.m., Council Chambers. Criminal Justice Advisory Committee, Friday, March 2, noon, Council Chambers. LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKAEAY VILLACERALL January 2S, 1984 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Brown at 7:32 p.m. on Wednesday, January 25, 1984 at the Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Carl Wmisser* (Ex- celsior), Robert Brown (Greenwood), Robert Pillsbury* (Minnetonka), Donald Boynton (Minnetonka Beach), Jon Elam (Mound), JoEllen Hurr (Orono), Robert Rascop* (Shorewood), Ed Bauman (Tonka Bay), Richard Soderberg* (Victoria), and Audrey Gisvold (Wayzata). Communities represented: Eleven (11)o *As noted. Chairman Brown introduced Audrey Gisvold, Director from the City of Wayzata, who is completing the term of Bob MacNamara. Bauman Moved, Hurt Seconded that the minutes of the December 7, 1983 meeting be approved. Motion,.Ayes (8), Nays (0). Boynton Moved, Garwood Seconded that the Treasurer's Report be approved and the bills paid. Motion, Ayes (8), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed two applications for fishing contests and recommended approval. The committee was advised of the results of a meeting of the Water Patrol, representatives of the villages, and the LMCD with the State Aeronautics Division concerning seaplane operations. Several villages have complaints about the difficulty of enforcing state rules affecting weekend seaplane use and noise on the Lake. The state indicated it would make minor rule changes affecting Lake Minnetonka resulting from any LMCD public hearing in which they would be invited to participate. The committee will conduct a public hearing for seaplane regulation review at the LMCD Board meeting on Wednesday, April 25, 1984, at 7:30 p.m. The committee reviewed a proposed Code amendment to the Special Event Permit section providing for (1) the inclusion of fishing contESts and boat shows to the activities requiring a Special Event Permit, and (2) administrative permits by the Executive Director for minor events. After further discussion, the proposal was amended to provide that all first-time Special Event Permit applications be issued by the Board, but that renewal applications be issued administratively, and that fishing contests and boat shows specifically be included under Special Event Permits. The committee reviewed the new format of the boating synopsis card and the proposed Code amendment regarding obstructing channels by tie-up to buoys. The committee recommended first reading of the Code amendment, and that the boating folder, with the addition of the pro- posed regulation regarding tie-up to buoys, and the addition of the 911 emergency phone number, be accepted. CALL TO ORDER ATTENDANCE MINUTES TREASURER'S REPORT SEAPLANES BOATER CARD LMCD Board Minutes January 25, 1984 Page 2 After discussing the question of whether or not a water skier should be required either to wear an approved vest or unapproved belt, or to carry an approved PFD inside the boat, or a combination thereof, the committee tabled the matter for further discussion and review. Night sPeed limit on the Lake was reviewed by the committee. After discussing the need for boats to maintain speeds at night below planing.as well as high wake, the committee recommended that the Board consider a nighttime speed limit of 10 mph on the Lake. After review of the access parking standards, the committee approved the proposed standards as modified by the Executive Committee° The committee reviewed and recommended approval of the 1984 county Lake maintenance program, subject to review and acceptance of the buoy maintenance and inspection program for 1984. The committee reviewed and recommended first reading of the proposed Code amendment establishing a section of Coffee Cove as permanent Quiet Waters. The Water Patrol reported a considerable slow-down of activity on the Lake this winter of fishing and fish house vandalism. However, there were a number of shore-zone speed violations by motorized bike and snowmobile operators, particularly through channel areas. The committee approved continuance of the fish house cleanup letters, as distributed in the past. Elam Moved, Bauman Seconded that the committee report be accepted. Motion, Ayes (9), Nays (0), Weisser having arrived. Pillsbury Moved, Hurr Seconded that the Special Event renewal appli- cation by Wayzata Fire Department for a fishing contest Febryary 12 he approved. Motion, Ayes (9), Nays (0). Elam Moved, Hurr Seconded.that the Special Event renewal application by the Birchview Elementary School for a fishing contest February 5 be approved. Motion, Ayes (9), Nays (0). Elam Moved', Hurt Seconded that the county Lake maintenance program be approved subject to review and acceptance of the buoy maintenance and inspection program for 1~84. Motion, Ayes (9), Nays (0). Hurr Moved, PillsbUry Seconded (1) that the nighttime speed limit on the Lake be reduced from 30 mph to 20 mph, and (2) that the first reading of a proposed Code amendment reducing the nighttime speed limit £rom 30 mph to 20 mph be accepted. Motion, Ayes (10), Nays (1), Elam voting Nay, and Soderberg and Rascop having arrived. PFDs WATER PATROl REPORT FISH' HOUSE CLEANUP SP EVENT: WAYZATA F.D. SP EVENT: BIRCHVIEW LAKE MAINTENANCE PROPOSED AMENDMENT: NIGHT SPEED LIMIT LMCD Board Minutes January 25, 1984 Page 3 WATER STRUCTURES & ENVIRONMENT COMMITTEE: Rascop reported that, after review of the 1:8 vs. 1:10 ratio criteria under the Special Density Permit, the committee continued the matter for further study of the feasibility to eliminate the requirement. The committee reviewed the public hearing report on Tgnka Bay Marine for a dock-use-area variance and new dock license. The applications were tabled for 30 days to allow the applicant and the city to provide written justification for the variances involved. The committee reviewed the Rockvam variance and new dock license ap- plications based on the Special Density Permit granted earlier. Rockvam requested the application be amended to include widening the launching ramp, and the transfer of 4 slips from the old to the new structure: 2 slips to be moved because of shallow water, and 2 for safety at the gas dock. The committee recommended approval, continuing the dock length of 188 feet because of shallow water. The committee reviewed the proposed Special Density Permit Code amendment dealing with fractions in calculating frontage allowances, and in requiring new amenities. After adding the requirement of guaranteed car-trailer parking as a.launching ramp amenity, the committee recommended the proposal to the Board for first reading. The committee reviewed and approved 1984 renewal dock license appli- cations and District Mooring Area renewal applications. In order to reduce the number of meetings, the committee agreed to hold some single public hearings on Board meeting nights, but to leave such a public hearing open for ten days for ~eceiving submittals. In other matters, Brown proposed reliable parking standards for further study; the committee reviewed other possible proposals to expand in the 100- to 200-foot dock use area; deicing permits were reviewed; and current litigations were reviewed. Hurt Moved, Boynton Seconded that the committee report be accepted. Motion, Ayes (11), Nays (0). Elam Moved, Bauman Seconded that the following 1984 renewal dock licenses: Bay Shore Manor Condominium Assn. Lyle Berman Boat & Motor Mart of Excelsior,Inc. Boulder Bridge Farm, Inc. Chimo Association Clay Cliffe Association Cochranes Boatyards, Inc. Crystal Bay Service Curly's Minnetonka Marina, Inc. City of Deephaven SP DENSITY RATIO CRITERIA PUBLIC HEARING POLICY LMCD Board Minutes January 25, 1984 Page 4 Dennis Boats Driftwood Shores Association City of~Excelsior Excelsior Bay Associates, Inc. Foxhill Association Minnetonka Power Squadron Navarre Cove Homeowners Association Richard Neslund · Park Hill Apartments · Park Island Apartments Gayle's Marina Corp. *Grandview Point Association Grays Bay Resort and Marina City of Greenwood Celia J. Haley **Hennepin County at spring Park Howard's Point Marina, Inc. *J. J. Hill's Ironhorse Inn Adeline D. Johnston Hary T. Kreslins Park Island West Apartments *Sandy Beach Place Seahorse Condominium Assodiation Smithtown Bay Association Stonewings on the Lake Surfside, Inc. City of Tonka Bay Victoria Estates Walden Tract X Property Owners City of Wayzata Libbs Bay Boat Club Lord Fletcher Apartments Lord Fletchers of the Lake Mai Tai Restaurants, Inc. Martin & Son Boat Rental Wayzata Bay Tenancy Wayzata Yacht Club West Beach Apartments Windward Marine, Inc. Meadowbrook Boat Club, Inc. Methodist Lakeside Assembly Minnetonka Boat Works,Inc.(Orono) *Minnetonka Edgewater Apartments Minnetonka Portable Dredging Inc. *Minor change **Fee waived and that the following 1984 District Mooring Area renewal permits: City of'Deephaven Methodist Lakeside Assembly City of Excelsior Sailors World Lord Fletcher Apartments Wayzata Yacht Club be approved. Motion, Ayes (11), Nays (0). OTHER: Hurr Moved, Pillsbury Seconded that the first reading of the Code amendment dealing with fractions or partial docks and with new amenities under the Special Density Permit be accepted, that additional readings be waived, and that the Ordinance be adopted. Motion~ Ayes (11), Nays (0). 1984 DOCK LICENSES 1984 DMA PERMITS CODE AMENDMENT: PARTIALS & NEW AMENI~ LMCD Board Minutes January 25, 1984 Page 5 Elam Moved, Pillsbury Seconded that the Rockvam applications for variance, new dock license, and Special Density Permit amendment for the Lakeview property be approved, subject, to legal review and the following stipulations: 1. Special Density Permit for 6 WAU 2. Variances as follows: A. A setback variance on the east is granted because of converging lot lines. B. A shallow-water variance is granted: (1) for 2 WAU with the stipulation that new soundings are ~required, and (2) for a dock length to 179 feet. 3. Regarding the 1984 dock license: A. 10 slips be granted on the east side as follows: 6 WAU under .Speciai Density Permit, above; 2 WAU moved from the west side because of shallow water, with the stipulation that new soundings are required; 2 WAU moved from the west for public safety at the gas dock; B. The launching ramp be widened as requested; C. No boats be stored in the shallow water area; and D. An as-built survey is required of the combined plan. Motion, Ayes' (11), Nays (0). Boynton Moved, Pillsbury Seconded that the Tonka Bay Marine new 1984 dock license application be aPproved with the following stipulations: I. The plan which meets setbaCks as marked and submitted 1-25-84 be accepted; 2. The 27 slips in the 100- to 200-foot area of the three west docks be continued; 3. Because of public safety at the swimming beach, 7 slips may be transferred from opening toward the swimming beach to other docks as indicated; and ROCKVAM LICENSE, VARIANCE & SP DENSITY LMCD Board Minutes January 25, 1984 Page 6 4. An as-built survey is required. Hurt Moved, Elam Seconded that the motion be amended to read: 5. The. total length of all slips outside the lO0-fooot DUA, excluding "A" dock and partials, not exceed a total of 1,068 feet. Amendment, Ayes (11), Nays (0). Motion, Ayes (8), Nays (3); Brown, Rascop and Weisser voting Nay. Elam Moved, Weisser Seconded 'that the first reading of the proposed Code amendment under Special Event Permits providing for fishing contests and boat shows, and for renewal applications, be accepted. Motion, Ayes (10), Nays (0), Pillsbury having left. Elam Moved, Garwood Seconded that the first reading of the proposed Code amendment to not allow tie-ups in channels be accepted as modified: to allow tie-ups in wide channels where navigation is not obstructed. Motion, Ayes (10), Nays (0). Rascop Moved, Bauman Seconded that the first reading of the proposed Cod~ amendment regarding Coffee Cove Quiet Waters be accepted, ad- ditional readings be waived, and the amendment adopted. Motion, Ayes (10), Nays (0). Rascop Moved, Brown Seconded thatlthe North Shome Drive Marina~agree- ment be approved. Motion, Ayes (10), Nays (0). Elam Moved, Boynton Seconded that the variance order for Willow Woods be executed.. Motion, Ayes (10), Nays (0). Bauman Moved, Hurt Seconded that the variance order on Boyce-Arnott be executed. Motion, Ayes (10), Nays (0). Bauman Moved, Elam Seconded that the recommendation of the Executive Committee for additional office equipment - adding machine, file cabinets, collator, and future consideration of word processing equipment - be approved. Motion, Ayes (10), Nays (0). Discussion of access parking standards was continued tO-next month. It was reported: that the DNR is removing diseased trees from Big Island; that the carp harvemt in Halsteds Bay was 80,000 lbs., a record; and that the MCWD Board is expanding to 7 managers. ADJOURNMENT: Rascop Moved, Bauman Seconded at 10:02 p.m. that the meeting be adjourned. Submitted by: JoEllen L. Hurr, Secretary TONKA BAY MARINE LICENSE, VARIANCE PROPOSED AMENDMENT: SP EVENT PERMITS PROPOSED AMENDMENT: CHANNEL OBSTRUCTION CODE AMEND'. r: COFFEE COVE Q.w. NO. SHORE DRIVE MARIN SUIT VARIANCES: WILLOW WOOD BOYCE-ARNOT OFFICE EQUIPMENT ADJOURNED Approved by: Robert Tipton Brown, Chairman CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 February 22, 1984 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed are three proposed new LMCD ordinances for your information. If you want me to carry forth any of your ideas or recommendations, please let me know. JE:fc enc. ORDINANCE NO. AN ORDINANCE RELATING ~ E~ENT PERMITS; AMENDING LMCD CODE SECT%ON 4. 151, SUBDIVISION 2 AND ADDING SUBDIVISION 5. The Board of Directors of the Lake Minnetonka Conservation District ordains that the LMCD Code of Ordinances be and hereby is amended as follows: Section 1. follows:. LMCD Code Section 4.151, Subd. 2 is amended as Subd. 2. Definition. For purposes of this section, a "special event" means any act or activity on the lake which will involve: a) the placing of any structures or buoys in the lake other than in authorized dock use or mooring areas or as authorized by permit issued pursuant to Section 3.09; or b) the assistance of the sheriff's water patrol or .other law enforcement authority for its safe execution; or c) the blocking off of a portion of the lake from general public use or the substantial impairment of the ability of the general public to use simultaneously that portion of the lake; or d) exceeding lawful speed limits or violating Rules of the Road; or e) fishing contests; or f) boat shows. Section 2. LMCD Code Section 4.151 is amended by adding new Subdivision 5 as follows: Subd. 5. Renewals. Special event permits for renewals under LMCD Code Section 4.151 may be issued at any time prior to the event by the Executive Director. ~his enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority of all the members of the Board and has the effect of an ordinance. of Adopted by the LMCD Board of DireCtors this .., 1984. day ATTEST: Robert Tipton'Brown, Chairman Frank Mixa, Executive Director Publication date: ORDINANCE NO. AN ORDINANCE RELATING TO_CHANNEL OBSTRUCTIOn; AMENDING LMCD CODE SECTION 4.19 The Board of Directors of the Lake Minnetonka Conservation District ordains that LMCD Code Section 4.19 is amended as follows: 4.19. OBSTRUCTING CHANNEL. No person shall operate a Watercraft in such a manner as to obstruct or interfere with the passage of any other watercraft through any channel or naroow water passageway. No person shall swim in any such channel in the lake, or jump or dive from any bridge over any such channel. No motorboat shall overtake and pass another motorboat going in the same direction in a channel, closed throttle'area, or restricted waterway. No person shall anchor or tie-up a watercraft, except at a lawful dock, in any delineated channel, except that fishing boats, may anchor or tie-up outside the waterway in the following channels: Arcola (Smith's Bay to Crystal Bay) Black Lake-Spring Park Bay Noerenber8 Hendrickson '' Coffee Emerald Lake-Cooks Bay Seton Narrows Tanager Lake Boy Scout Stubb's Bay-Maxwell Bay Gray's Bay- Wayzata Bay Forest Lake Zimmerman's Pass St. Alban's Priest's Bay Big Island Seton Lake-Emerald Lake Black Lake-Seton Lake Lost Lake Channel from Cook's Bay the Libb's Lake Channel from Gray's Bay the two Channels leading to docking areas in Tonka Bay from Gideon's Bay Wayzata Municipal Channel the Channel between Big Island and West Point Narrow Point of North Arm (Windjammer Point) the south shore of Maxwell Bay from Noerenberg Bridge to the Boy Scout Bridge Noerenber~ In%et This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority of all the members of the Board and has the effect of an ordinance. Adopted by the Lake M±nnetonka Conservation District Board of Directors this day of · , 1984. Robert Tipton Brown, Chairman ATTEST: Frank Mixa, Executive Director Date of publication: ORDINANCE NO. AN ORDINANCE RELATING TO NIGHTTIME SPEED;' A~NDING LMCD CODE SECTION 4.14, SUBD. l(b) ' The'Board of Directors of the Lake Minnetonka Conservation District ordains that LMCD Code' Section 4.14, Subdivision 1 (b) be and hereby is amended as follows: 4.14 SPEED. Subdivision 1. Maximum Speeds. No person shall operate a watercraft on the lake at a speed greater than is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the lake which is in compliance with legal requirements and the duty of all persons to use due care. No watercraft may be operated on the lake at a speed in excess of the following limits: a) b) c) 40 miles per hour during the daytime; 30 20 miles per hour during the nighttime; Six miles per hour in the following areas: - a quiet waters area established by Subd. 4. - that area within 150 feet of the shoreline. -~ that area within 150 feet of an authorized bathing area or swimmer, an authorized scuba diver's warning flag, an anchored raft or watercraft, or a dock or pier except that from which a watercraft with a person~ in tow is being operated. - an area of restricted speed posted in accordance with Subd. 5. The sheriff or executive director may provide for the erection of signs at appropriate locations in the lake to inform operators of watercraft of the speed limitations established by this' subdivision. "Daytime" means from a half hour before sunrise to a half hour after sunset, except at any time when due to weather or other conditions there is not sufficient light to render clearly discernable~persons and watercraft at'.a distance of 500 feet. "Nighttime" means at any other hour or at any time when due to weather or other conditions there is not sufficient light to render clearly discernible persons and watercraft at a distance of 500 feet. This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority of all the members of the Board and has the effect of an ordinance. of Adopted by the LMCD BOard of Directors this , 1984. day ATTEST: Robert Tipton Brown, Chairman Frank Mixa, Executive Director February 22, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE: CITY COUNCIL CITY MANAGER CHARTER BOATS ON LAKE MINNETONKA Enclosed are some materials regarding charter boats on Lake Minnetonka. Included are the applicable regulations and a list of known charter boat operators. I thought you would find this of topical interest. JE:fc TO: FROM: ~DATE: LAKE USE COMMITTEE F. Mixa February 20, 1984 SUBJ: Charter Boats The committee is reviewing charter boat activity on the Lake ~(summary attached), and regulations currently in effect. Boat Storage Charter boats are stored at all types of facilities on the Lake: commercial marinas (public and private), restaurants, residential multiples, and residential docks. Pick-Up Points Pick-up points vary.depending on charter arrangements, but include: boat storage site; public docks; marinas; restaurants; customer's dock; or, as one indicated, "wherever." Equipment Charter boats are inspected annually bY the Water Patrol and State Boiler Inspector under state regulations (sample inspection report and rules, attached). Current LMCD Rules Current LMCD Code sections are attached. State Regulations Boat equipment inspections are attached, and also pilot license requirements. Licensing Rationale Licensing by the District could be accomplished by a special section under the Code providing for licensing or permit, or could be included under ex~sting rules, e.g., Special Event Permits, or boat rentals. H re Charter Boats February 20, 1984 Page 2 Licensing Rationale (continued) The purpose for bringing charter boats under the permit process would be to coordinate the various agency programs, to ensure water safety of passengers, to ensure safe operation of the boat, to protect other boaters using the Lake, to prevent pollution, to prevent overcrowding of the Lake, and to protect the general public interest in public safety. Conclusions There has been a general concern expressed about the growth of charter service on the Lake because of the size of boats involved, party-type atmosphere, and the potential fordisaster. In general, the LMCD survey conducted has indicated that: Boats are stored at residences, but pick-up points are at public facilities. PFDs on hand (per inspection reports) are well below the advertised capacity of the boats. Many boats are advertised but seldom are used, except for tax purposes. Marine toilet facilities are not known. Boats are not inspected while in use. Activities include: party and sight-seeing boats; guide boa%s; taxi boats; barge, or other service boats; and rental of power, sail, pontoon, and fishing boats. There have been no accidents or disasters reported to date. The survey indicates that present programs are not coordinated well enough to ensure their effectiveness. re Charter Boats February 20, 1984 Page 3 Recommendations It is recommended that: 1. The District determine whether or not action is needed at this time. 2. The District determine whether or not imProvement in effectiveness can be affected through cooperative effort. 3. The District determine to regulate this activity under the LMCD Code. Lake Minnetonka Conservation District CHARTER BOATS ON LAKE MINNETONKA Area 3 3 3 35 3O 29 Boat Name & Owner A1 & Alma's II A1 & Almas 5201 Piper Road Mound, ~fN 55364 A1 & Alma's III. A1 & Almas 5201 Piper Road Mound, M~ 55364 A1 &Alma's IV A1 & Almas 5201 Piper Road Mound, MN 55364 Cayo Hueso James Bean 21945 Minnetonka Blvd. Greenwood, MN 55331 Dowager Empress Sumner Young 2600 Maplewood Cir. E. Wayzata, MN 55391 Fantasy Island Larry Skalicky 15128 Glen Oak St. MinnetonkaMN 55343 It's Outrageous Thomas Traff 6449 Barrie Rd. Edina, MN 55435 Halcyon Bill Frantzich 2660 Stone Arch Road Wayzata, MN 55391 Karob Ltd Keith Johnson 10 Water Street Excelsior, MN 55331 Robb Woehnker 4510 Enchanted Lane Mound, MN 55364 Lengths Make 45' Bl~ewater 51' Boatel 51' Boatel 26' Steelcraft '47' Boatel 48' Harbor Master 49' Chris Craft 22' Searay 43' Burnscraft- 28' Apollo Capacity 4O 4O 4O 16 19 45 36 10 5O 14 (more) CHARTER BOATS ON LAKE MINNETONKA Area 5 36 36 17 9-15-83 Boat Name & Owner Length, Make Karob Ltd 17' Larson Robb Woehnker 4510 Enchanted Lane Mound, MN 55364 Lady of the Lake 71' Homemade Henry Serwat 4186 Brookside Ave. S. St. Louis Park, MN 55416 Pegasus 42' Gibson James Paulton 5966 Gunwood Rd. Mound,'MN 55364 Procrastination 33' Trojan Robert Gramhill 2625 Kelly Ave. Excelsior, MN 55331 Ron-Day-View 27' Bayliner Ronald Hilson 10010 Redwood St. N.W. Coon Rapids, MN 55433 Sea Note 53' Bluewater Randy Boler 7333 Chicago Ave. S. Richfield, MN 55423 Tiki 57' Carri-Craft Richard Thompson Box 3748 Minneapolis, MN 55403 Water Taxi 26' Chris Craft Tom Robb Box 371 Excelsior, MN 55331 Whyknot III 33' Carver William Keegan .1120 County Road 110 N. Mound, MN 55364 ~ 47' Boatel Gary King 16940 Grays Bay Blvd. Wayzata, MN 55391 ~ 43' Nauta-line John Lambin 10 Water Street Excelsior, MN 55331 ~ 26' Searay William Slettem 9260 lynwood Rd. Waconia, MN 55387''~ Capacity 8 150 23 17 11 47 43 9 2O 3O 3O 10 The following items are inspected by the State Boiler Inspector: '(2) (3) (5) (6) (7) (8) (9) Backfire Flame Arrestor(s) Fire extinguishers as required by certificate Bilge and fire pumps with capacity required by certificate 20" O.D. Ring buoy(s) with 30' rope attached and reflective tape affixed Mechanical bilge exahust system Type I personal flotation devices (life jackets) Whistle or horn Lighting Anchors for proper weight and number The Water Patrol also inspects the above items and also inspects the. following: (1) Availability and placement of Type I PFD's (2) Lighting to be sure it is correct (3} Registration ~o be sure it is proper and current 2/84 LMCD CODE REGARDING CHARTER BOATS ~.D/ Subd. 11. "Commercial dock" means a dock or dock structure used in conjunction with a commercial or other revenue producing business enterprise including a private club, oor a dock or dock structure on land owned by a municipality or political subdivi- sion and operated, controlled or licensed by the municipality or political subdivision, but not including apartments or any such businesses involving the leasing of real property for residential use. (As Amended, Ord. No. 18, Sec. 1) ~o/ Subd. 10. No person shall sell, rent, or lease for the storage of boats or watercraft any space within dock use areas other than at commercial docks; provided, however, that such space may be rented or leased at docks of apartments solely for the storage of boats or watercraft owned by residents of the apartment. (Ord. No. 18, Sec. 3; Ord. 32) 3.08 LICENSES, MULTIPLE DOCKS, MOORING AREAS, LAUNCHING RAFTS AND DOCKS IN EXCESS OF 100 FEET IN LENGTH. Subdivision 1. General. Rule. No person may locate, construct, install or maintain a dock of more than 100 feet in length or a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the la~, or in the waters of the lake unless he is licensed by the Board to do so. Any change in the length, width, height, or location of a structure or launching ramp requiring a license under this chapter requires the issuance of a new license therefor. Multiple docks or mooring areas, launching ramps .and commer- cial docks must comply with: a) Ail local, state and federal regulations applicable to facilities and services provided; b) All municipal zoning, parking a~d other land use regula- tions applicable to the facility; and c) Ail rules and regulations contained in this code pertain- ing to lake use and structures in the lake. (As Amended, Ord. No. 12, Sec. 3; Ord. No. 14, Sec. 3; Ord. No. 18, Sec. 7, Ord. 48, Sec. 2)' Charter Boats 2 4.20. AIGHTS; LIFE PRESERVER. Subdivision 1. Lights; General Rule. Watercraft operating on the lake, when underway or in use at any time between sunset and sunrise, shall carry and display the lights specified in this section for such watercraft. "Visible", as used in this section, means visible on a dark night with clear atmosphere. Subd. 2. Running Lights. Watercraft shall be equipped with and have in operation a red 10 point light to port (left) and a green 10 point light to starboard (right) in the forward section of the watercraft, visible at least one mile, and a white light visible all around the horizon at a distance of two miles or more. No water- craft other than an authorized sheriff's boat or other police water- craft shall use or display a red light other than a red running light. Subd. 3. Anchor Lights. Ail watercraft when at anchor or drifting must show a white light visible from any direction for a distance of one mile, and such light shall be lit from sunset to sunrise. Subd. 4. Life Preservers. Ail watercraft, when underway or in use, shall have on board and readily accessible life preservers, rin~ buoys, buoyant vests or buoyant cushions for each person on board. 4.21. HORN, WHISTLE, SIREN. Subdivision 1. Use of Sound Signals. Motorboats 16 feet or more in overall length shall carry a power, hand or mouth operated horn,'whistle or bell capable of producing a sound for ~t least two seconds and audible for at least one-half mile~ The operator of such motorboats shall, only when reasonably necessary to ensure safe operation, sound such horn, whistle or bell. Each watercraft 26 feet or mor.e in overall length using the lake shall carry a horn or whistle as prescribed by the commissioner. Proper horn signals are as follows in a meetin~ situation: "One blast means 'pass port to port'; two blasts mean 'pass starboard to starboard'; three blasts mean 'backing from closed area'; and four blasts mean 'danger of collision exists, stop or slow to bare steerage'." Subd. 2. Sirens. Sirens may not be carried or used on any watercraft other than patrol watercraft. Any siren carried or used in violation of this subdivision may be removed and seized by the sheriff and shall thereupon become the property of the county in which seized and may be used or disposed of as the county board may determine. 4.22 NOISE. Subdivision 2- General Decibel Limits. No person shall operate any watercraft or boat, other than an aircraft, on the Lake which is capable of exceeding a noise level on the A scale measured at a distance of 50 feet or more from the water- craft or boat of: a) 84 decibels in the case of marine engines or motorboats manufactured before January 1, 1982; or Charter Boats 3 b) 82 decibels in the case of marine engines or motorboats manufactured on or after January 1, 1982. (As Amended, Ord. No. 44, 3/4/81; Ord. No. 45) Subd. 2. Mufflers Required. It is unlawful to use a boat or watercraft ot~er than aircraft propelled in.whole or in part by any internal combustion engine unless the same is provided with a stock factory muffler, underwater exhaust or other modern device capable of adequately muffling or suppressing the sound of the exhaust of the engine. The phrase "adequately muffling" shall mean that the engine's exhaust shall at all times be so muffled or suppressed as not to create excessive or unusual noise. No engine shall be equipped with any cut-out. (Ord. No. 20) 4.23 DEVICE FOR ARRESTING BACKFIRE. No motor other than a detachable 'outboard motor shall be used on any watercraft unless its carburetor is fitted with a U.S. Coast Guard device for arresting backfire. 4.24 FIRE EXTINGUISHER: VENTILATION. Motorboats carrying or using fuel or other inflammable or toxic fluid in a tank or engine, which is in any enclosure of the boat shall be equipped with a B.C. charged fire extinguisher and an efficient natural or mechanical ventilation system which will remove gases prior to and during the time any person operates the watercraft. Such fuel or fluid is in an "enclosure" if it is not in contact with the open atmosphere or if it is located in an area where fumes or vapors could accumulate. 4'.25 CERTAIN FLAGS PROHIBITED.. No watercraft other than an authorized water patrol boat or other police watercraft shall use or display a police, sheriff or law enforcement officer's flag, or any device designed to simulate such a flag. 4.26 MARINE TOILETS. Subdivision 1. ~equired. No person owning or operating a watercraft or other marine conveyance upon the waters of the lake shall use, operate or permit the use or operation of any marine toilet or similar device for the dispo- sition of sewage or other wastes, unless the marine toilet is equipped with a treatment device of a type acceptable to the Pollution Control Agency of the State of Minnesota. No person shall discharge into the water of the lake, directly or indirectly, from a watercraft, any un%reated sewage or other wastes, nor shall any container of untreated sewage or other wastes be placed, left, discharged, or caused to be placed, left or discharged in or hear any waters of the lake from a watercraft in such a manner or quantity as to create a nuisance or health hazard or pollution of such. waters, by any person or persons at any time whether or not the owner, operator, guest or occupant of a watercraft or other marine conveyance. Charter B0a[$ 4 ~2~ Subd. 2. Pollution Control. No watercraft or other marine conveyance upon the waters of the lake shall be equipped with any marine toilet unless also equipped with a treatment device acceptable to the Pollution Control Agency of the State of Minnesota. RENTAL OF WATERCRAFT 4.30. RENTAL WATERCRAFT. Subdivision 1. Condition and Equipment. No watercraft which is in a broken, rotten or otherwise hazardous condition shall be rented or offered for rent. No watercraft shall be rented or offered for rent unless all oars, oarlocks, and paddles rented or made available for use with the watercraft, are free of cracks, spl~ts..and breaks. Subd. 2. Reversing. No watercraft shall be rented or offered for rent unless its rear transoms are strongly constructed and capable of standing the stresses imposed by fully reversing the motors attached or to be attached. Subd. 3. Buoyance Requirements. No metal or fiberglass watercraft shall be rented or offered for rent unless it is equipped with air chambers or other buoyancy devices and is capable of sustaining complete buoyancy for capacity load in the event the craft is capsized. Subd. 4. Fueling. No watercraft shall be rented or offered for rent unless it is free of spilled gasoline and oil. Subd. 5. Safety Equipment. No watercraft shall be rented or offered for rent unless it is equipped with a pair of oars and oarlocks, or with a paddle, in serviceable condition, or unless, on departure, there are on board life preservers, ring buoys, buoyant vests or buoyant cushions for each person on board. 4.31. RENTAL TO PERSON UNDER INFLUENCE. No watercraft shall be rented or offered for rent.to any person who is under the influence of alcoholic beverages or prohibited drugs. 4.32. OVERLOADING. No watercraft which has been rented shall be permitted to depart from the premises at which it was rented if it is loaded beyond its safe carrying capacity or powered beyond its safe power capacity. Board of Directors President JohnT. Irving Crystal Vice President Ronald Backes St. Louis Park Past President Mary Anderson Golden Valley Directors Michael BaldWin Champlin William. Barnhart Minneapolis Gary Bastian Maplewood Bea Blomquist Eagan Jerry Dulgar Anoka Laura Fraser Lake Elmo James Miller Minnetonka Hannah Mullah St. Paul Park Nell W. Peterson Bloomington Eldon Reinke Shakopee James Scheibel St. Paul Mary Schweiger St. Paul J ackie Slater Minneapolis I ames Spore Burnsville Robert Sundland St. Anthony Robert Thistle Coon Rapids aeeociafign of. metropolitan munici'palitiee Februarg 16, 1984 TO: AMM Member Cities (Managers/Administrators) FROM: Ver terson, Executive Director Enclosed are copies of the Addendum to the Association of Metropolitan Municipalities' "Policies and Legislative Proposals for 1984. After months of study and hard work by the standing AMMpolicy committees, these policies and legislative proposals were adopted by the AMMmember cities at a general membership meeting on January 31, 1984. These policies along with those adopted last year are the basis for the AMM lobbying efforts for the 1984 Legislative Session. I would respectively request that you distribute copies to your Mayor and Members of your City coUncil. Thank you. P.S. The AMM Office has sent copies to your State Senators and Represen ta ti yes. Z ~:c u':ive Director 9 ~. ~,~.,,~,,:r,on 183 university avenue east, st. paul minnesota 55101 (612) 227-5600 association of metropolitan munici'palities ADDENDUM TO POLICIES AND LEGISLATIVE.PROPOSALS 1983- 1984 ADOPTED BY THE ASSOCIATION MEMBERSHIP ON JANUARY 31, 1984 183 university avenue east. st. paul. minnesota 35101 (612/ 227-5600 INDEX PAGE NUMBER I. MUNICIPAL REVENUE AND TAXATION 1 - 2 II. GENERAL LEGISLATION 3 - 9 IV. METROPOLITAN AREA ISSUES AND CONCERNS 10- 20 V. TRANSPORTATION 21 - 24 MUNICIPAL REVENUES AND TAXATION PAGES 1 and' 2 I MUNICIPAL REVENUES AND TAXATION I-C-2 LOCAL GOVERNMENT AID FUNDING The 1983 Legislature modified the LGA formula in a'manner which causes some redistribution of the funds based on the relationship of need expressed as a Local Revenue Base and effort expressed as the equivalent of ten mills times the unit equalized assessed value. The major change to accomplish this goal was elimination of the grandfather clause. To restrict cities from losing too much too fast a limited loss of the eqUivalent of three quarters of one mill times the units equalized assessed value was established and funded. However, based on current data the total funding for 1984 aids fell $3.5 million short which 'caused 318 cities to receive less than anticipated and all of those cities which would have lost the limit to lose additional funds. In many cases, these loses were significant. The pro rata reduction formula in past years has been applied to all cities after maximums, minimums, and other limitations were applied. For 1984, the pro rata formula was applied to the preliminary aid (Local Revenue Base minus 10 mills times equalized assessed value). The result was that instead of a 1.3% cut for all cities, the preliminary aid was reduced by nearl, 20% to yield the $3.5 million. Recently, the Governor, Legislative leadership, and the Tax Committee chairs have indicated they will push for an added $3.5 million for LGA to restore the pro rata cuts. Cities will have to adjust there 1985 levy limits if a levy was made for the certified shortfall in 1984. Finally, the 1984 legislature will have to confirm full funding or pro rata reduction for 1985. THE AMN URGES THE LEGISLATURE TO RESTORE THE $3.5 MILLION DOLLAR SHORTFALL IN 1984 LGA TO ACHIEVE FULL FUNDING OF THE FORMULA AS INTENDED BY THE 1983 LEGISLATION. FURTHER, WE URGE THAT FULL FUNDING FOR 1985 BE INSURED. I-E-2 SALES RATIO EQUALIZATION Whereas, taxing units in the seven-county metropolitan area are subject (1) to certain area-wide levies and (2) to Fiscal Disparity allocations, it is necessary to ensure tax equalization amOng these various tax units. Therefore, THE LEGISLATURE SHOULD DEVELOP LEGISLATION TO ENSURE THAT SALES RATIO STUDIES AND CALCULATIONS USED IN VARIOUS AID FORMULAS CONSIDER ALL t~CTORS OF SALES INCLUDING BUT NOT LIMITED TO TERMS OF FINANCING AND ADJUSTMENTS FOR INFLATION OCCURING BETWEEN THE ASSESSMENT AND SALES DATES. AFTER THE SALES RATIO STUDIES ARE IMPROVED BY INCLUDING ALL FACTORS OF SALES THE LEGISLATURE SHOULD ENACT LEGISLATION WHICIt MANDATES AT LEAST A 90% SALES RATIO FOR ALL CITIES WITHIN THE SEVEN-COUNTY HETROPOLITAN AREA, THE SALES RATIO SAMPLE TO BE EITHER DONE OR AUDITED BY THE STATE DEPARTMENT OF REVENUE AND REQUIRING THAT THE COMMISSIONER OF REVENUE SHALL MAKE AGGREGATE INCREASES IN THOSE CITIES BELOW 90~. ALL COSTS URRED BY THE COMMISSIONER SHALL BE PAID BY THE ASSESSING JURISDICTION. SALES R%TIO DETER).~INATION FOR THESE PURPOSES TO BE MADE ON THE. BASIS OF A 12-MONTH PERIOD SAMPLE, BEGINNING NO MORE TI~N 18 MONTHS BEFORE THE ASSESSNENT DATE. THE AMM OBJECTS TO SALES RATIO BEING USED AS A BASIS FOR PENALTY OR BONUS OF STATE AID FUNDS. II. GENERAL LEGISLATION PAGES 3 THROUGtt 9 II GENERAL LEGISLATION II-C CABLE COMMUNICATIONS C-2 CABLE COMMUNICATION INTERCONNECTION AND REGIONAL CH~NEL Nearly all of the cities in the Metropolitan Area have formed, single or in joint powers, Cable Service Territories (CST). The franchising progress ranges from already served to preparing RFPs for bids. ~vo major issues are currently being addressed by the State Cable Board, the Legislkture and the Metropolitan Council. They are Interconneetion of Cable Systems and the functional operation of Regional Channel 6 which is the. Public Access set aside channel mandated by state law to provide regional programming opportunities. The State Cable Board has advertized for entities to apply for operation of the regional Channel 6 with a January 1984 deadline. Legislation is pending that creates a Metropolitan Channel 6 Board to be appointed by the Metropolitan Council and operated i~ much the same manner as the current Metropolitan Commissions. The council, would retain capital and operations budget review. The 5~etropolitan Council Cable Task Force has supported the legislation and recommended that the Metropolitan Council apply to be the Channel 6 operating agency in the interim until the legislation is enacted. Additionally the Task Force has recommended that the Metropolitan Area C.S.T.s form a commission to study and implement Interconnection of the various cable systems. Finally the Met'ropolitan Council has announced its intention to seek state designation to oversee the development of regional cable TV Channel 6. The AMM has several major concerns with the Metropolitan Council involvement. The council is a planning.and coordinating agency which should not become an operating agency. Operating as well as capital budget control with appointing authority and policy development input would make it an operating entity. Acting in the interim may become permanent if legislation is not enacted. The timing is such that viable alternatives have not been investigated such as a commission of cable commissions. At this time most CST's are mainly concerned with franchising andconstruction of the individual systems and setting up local non-profit public access corporations for the local systems. At this time there is an ever growing wealth of knowledge concerning all facets of cable in the communities that far-outweigh what exists at the council level. Therefore, THE AMM URGES THE MINNESOTA STATE CABLE BOARD TO DELAY ACTION ON ACCEPTING PROPOSALS TO'OVERSEE DEVELOPMENT OF THE REGIONAL CHANNEL 6 UNTIL VIABLE ALTERNATIVES CAN BE PRESENTED. DUE TO THE STAGE OF DEVELOPMENT OF VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA, THERE DOES NOT APPEAR TO BE A NEED FOR RUSHING THIS DECISION. THE AMM ENCOURAGES CREATION OF A COMMISSION OF CABLE SERVICE TERRITORY COMMISSIONS TO SUBMIT AN APPLICATION FOR THE PURPOSE OF INTERCONNECT- ION AND ESTABLISHMENT OF A CHANNEL 6 ENTITY. THESE PARTICULAR 3 ENTITIES HAVE' THE TECHNICAL EXPERTISE OF ESTABLISHING OPERATING CABLE SYSTEMS AND OF CREATING NON-PROFIT PUBLIC ACCESS CORPORATIONS TO OVERSEE AND OPERATE ALL TYPES OF LOCAL PUBLIC ACCESS. THE' 'INDIVIDUAL CST COMMISSIONS WILL SOON BE COLLECTING FRANCHISE FEES AND IT IS FELT THAT ENOUGH MONEY WILL BE AVAILABLE TO PROVIDE START UP FUNDING FOR A NON-PROFIT CHANNEL 6 ACCESS CORPORATION. NO STATE MONEY SHOULD BE PROVIDED TO FUND A NON-PROFIT ACCESS CORPORATION. THE kMM ACTIVELY OPPOSES INVOLVEMENT OF THE METROPOLITAN COUNCIL AS AN OPERATING ENTITY IN THE AREA OF CABLE COMMUNICATIONS. ITS ROLE SHOULD BE ONE OF PLANNING AND RESEARCH. THE AMM FEELS THAT THE MINNESOTA CABLE COM}~UNICATIONS BOARD DOES HAVE STATUTORY AUTHORITY TO DESIGNATE A REGIONAL CHANNEL 6 ENTITY. HOW- EVER, IF LEGISLATION CREATING SUCH AN ENTITY IS PURSUED, IT SHOULD ESTABLISH A COMMISSION OF CABLE SYSTEMS TERRITORY COmmISSIONS AS THE AGENCY WItICH WOULD BE DESIGNATED TO CREATE A NON-PROFIT PUBLIC ACCESS CORPORATION. e FINALLY, THE' AMM SUPPORTS THE METROPOLITAN COUNCIL CABLE TASK FORCE REPORT RECO~,~ENDATION THAT A COMMISSION OF CABLE SERVICE TERRITORY COMMISSIONS BE ESTABLISHED TO FACILITATE THE ULTIM~ATE OVERALL INTER- CONNECTION OF THE VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA. II-G OPPOSE STATE OR METROPOLITAN LICENSING OF GENERAL TRADE CONTRACTORS Licensing of general trade contractor's and various other activities has long been a local prerogative, and the mechanism for license review, issuance, and enforcement is already in olace'. The primary reason that local licensin~ has been successful and, therefore, maintained at the local level, is that inspection and enforcement personnel reside at the local level, know the area and activities, and are familiar with local ordinance and restrictions, thus providingbetter and faster enforcement. Suggestions have been .made to form a statewi~e or metropolitan wide licensing authority and split the revenue among the licensing agency and various municipalities with the municipalities maintaining enforce- ment tasks. It is questionable under this arrangement, if either the agency or municipalities would have enough funds to accomplish the respective tasks. In these times of economic stress it does not seem logical to increase participation in an area that has and is being handled effectively at the local level. Therefore, THE AMM STRONGLY OPPOSES STATE OR METROPOLITAN TAKEOVER OF GENERAL TRADE CONTRACTOR A;~D OTHER ASSOCIATED TRADE CONTRACTOR LICENSING. II-T PERA BENEFITS, FINANCING, AND ADMINISTRATION The following principles should'govern any changes the legislature makes in PERA and the other statewide pension plans. T-1 HIGH FIVE YEAR BENEFIT BASE The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employees. Further shorting of the averaging period would create windfalls for some PERA members and multiply opportunities for manipulation of service and salaries to maximize pension benefits without proportional contribution to the fund. Therefore, THE AMM OPPOSES ~{ODIFICATION OF THE "HIGH FIVE" FORMULA. T-2 GENERAL PERA BENEFIT INCREASES AND FUNDING ANY INCREASES IN PERA BENEFITS SHOULD BE GRANTED ONLY TO THE EXTENT THAT PROPOSED CONTRIBUTIONS AND CURRENT RESERVES ARE SUFFICIENT TO FULLY FUND THE INCREASES IN THE OPINION OF ONE OR MORE RECOGNIZED PENSION ACTUARIES WHO ARE INDEPENDENT OF THE PERA ORGANIZATION. ANY INCREASES IN PERA GENERAL FUND BENEFITS ENACTED SUBSEQUENT TO 1973, INCLUDING ANY RESULTING DEFICITS, SHOULD BE FINANCED BY MATCHING CONTRIBUTIONS, SHARED EQUALLY BE EMPLOYEES AND PUBLIC EMPLOYERS, OVER A PERIOD NOT TO EXCEED 30 YEARS. AN'Y INCREASES IN BENEFITS UNDER THE PERA POLICE AND FIRE FUND, INCLUDING ANY RESULTING DEFICITS, SHOULD BE FINANCED 50 PERCENT BY EMPLOYERS AND 50 PERCENT BY EMPLOYEES, OVER THE SAME AMORTIZATION PERIOD. ANY BENEFIT INCREASE OR CONTRIBUTION REDUCTIONS PERMITTED BY EXCESS RESERVES OR EXCESSIVE CURRENT CONTRIBUTIONS OR COMBINATIONS OF THE TWO SHOULD BE OF SUCtt AMOUNTS AS TO BENEFIT THE EMPLOYER AND EMPLOYEE EQUALLY AS A PERCENTAGE OF OVERALL EMPLOYEE SALARY. T-3. EARLY RETIREMENT Devices to promote early retirement, like the proposed rule of 85 (75 for police) are a very blunt instrument for cutting budgets or weeding out dead wood. To the extent that they encourage basic plan members to retire, they arguably benefit the PE~A fund by freezing the deficit. However, replacement of basic plan members with coordinated members at the samesalary levels'will increase employer retirement contribution costs because contributions to social security and the coordinated plan of PERA substantially exceed required employer contributions to the PERA basic plan for most employees. This differential is an immediate cost to the taxpayers. FOR THESE REASONS AND BECAUSE INCREASING LIFE SPANS SHOULD LEAD TO AN INCREASE IN YEARS OF EMPLOYABILITY, THE AMM OPPOSES THE RULE OF 85 (75 FOR POLICE) AND OTHER PROPOSALS TO ENCOURAGE EARLIER RETIREMENT BY PUBLIC EMPLOYEES. T-4 RETIREE HEALTH INSURANCE Among all the proposals for benefit increases, the one that most threatens the financial soundness of PERA and other Minnesota public pension funds, is the proposal to provide health insurance to retirees paid from the p¢.nsion fund. Full payment would commit the taxpayers to an open ended promise to pay a cost that is esculating at the rate of 15% to 20% per year even in iow inflation years. Partial payment would provide a foot-in-the-door for full payment. Either would hamper efforts to control health care costs by making the recipient responsible for a significant portion of charges to encourage thrifty use. IN ORDER TO.AVOID RECURRING PROBLEMS SIMILAR TO THOSE EXPERIENCED 'BY THE' FEDERAL GOVERNMENT IN ITS PENSION PROGRAMS, THE A~ OPPOSES PAYMENT OF HEALTH CARE COSTS FOR RETIREES FROM THE PERA FU}~. T-5 'EXCESS EMPLOYER CONTRIBUTIONS SINCE THE EQUAL MATCHING EMPLOYEE AND E~LOYER CONTRIBUTIONS TO THE COORDINATED PLAN WITHIN PERA ARE SUFFICIENT TO FINANCE THE PRESENT BENEFITS AND LIQUIDATE THE EXISTING DEFICIT IN LESS THAN 30 YEARS, THEEMPLOYER'S ADDITIONAL 1~% OF SALARY CONTRIBUTIONS SHOULD BE ABOLISHED. ALL OF THE EMPLOYER'S ADDITIONAL CONTRIBUTIONS OF 2½% OF SALARY FOR THE BASIC PLAN SHOULD BE SPECIFICALLY AND EXCLUSIVELY EARMARKED FOR THE REDUCTION OF THE ACTUARIAL DEFICIT IN THE PERA BASIC PLAN A~ NOT FOR BENEFIT IMPROVEMENT. T-6 GENERAL RETiREE BENEFITS IF ANY INCREASE'IN BENEFITS IS ENACTED FOR PERA RETIREES, THE RESULTING COSTS SHOULD NOT BE PAID FROM THE PERA FUND, BUT RATHER SHOULD BE FINANCED BY A DIRECT APPROPRIATION FROM THE STATE GENERAL FUND. T-7 ACTUARIAL ASSUMPTIONS THE ACTUARIAL ASSUMPTIONS CONCERNING'THE RATE OF INVESTMENT EARNINGS AND OF SALARY INCREASES SHOULD BE A CONSERVATIVE'REFLECTION OF ACTUAL EXPERIENCE. T-8 MINNESOTA POST RETIREMENT INVESTMENT FUND THE AMM SUPPORTS THE CONTINUATION OF THE MINNESOTA POST RETIREMENT INVESTMENT FUND AS A MEANS OF PROVIDING POST-RETIREMENT INCREASES IN THE PENSION BENEFITS OF RETIREES UNDER THE ~TATE-WIDE PENSION FUNDS. THE AMM SUPPORTS STATE FUNDING OF ANY FUND DEFICITS FROM GENERAL FUNDS OR AMORTIZATION OF THE DEFICITS BY CREDITING A REASONABLE PORTION OF EXCESS EARNINGS OVER STATUTORY' ASSUMPTIONS TO RETIRE DEFICITS AND PAYMENT. OF THE REMAINDER OF EXCESS EARNINGS TO RETIREES AS A COST OF LIVING ADJUSTMENT WITHOUT ESTABLISHMENT OF ANY GUARANTEED ADJUSTMENT. T-9 PENSION FUND PROGRAMS SINCE INTEGRATION OF PENSION FUND ADMINISTRATION ~CHANISMS MAY LEAD TO COMBINING THE FUNDS, THE AMH OPPOSES ANY MOVE TO COMBINE ADMINISTRATION OF THE THREE STATE-WIDE PENSION PROGRAMS. T-10 DEFINED CONTRIBUTION .' Defined contribution plans basically provide that an employee receives that amount that the employee and employer have contributed plus accrued interest at ~xit from public employment or retirement. The amount can be ~aken in lump sum or used to provide various anuity arrangements. It provides complete portability and certainty of ownership of the account which canno~ be modified by legislative acts. It resolves intergenerat- ion fights and fights between current generation employees as well as forever, resolving underfunding questions and ends pressures for political tinkering for various benefit modification. THE AM}.{ SUPPORTS IN CONCEPT A CHANGE IN THE MEANS OF PROVIDING PENSIONS FOR NEW MINNESOTA PUBLIC EMPLOYEES FROM THE PRESENT DEFINED BENEFIT TYPE PLANS TO A SINGLE DEFINED CONTRIBUTION PLAN. CURRENT E~LOYEES SHOULD BE GIVEN THE OPTION TO TRANSFER INTO THE NEW PLAN. HOWEVER, THE AMM WILL OPPOSE ANY SUCH LEGISLATION WHICH DOES.NOT CONTAIN A CLEAR COMMITMENT BY THE STATE TO FUND ANY DEFICIT CREATED IN PRESENTLY EXISTING DEFINED BENEFIT PLANS RESULTING FROM THE TERMINATION OF TIlE ENTRY OF NEW MEMBERS, AND A MUNICIPAL CONTRIBUTION RATE THAT IS AS LOW OR LOWER THAN EI,~LOYER CONTRIBUTION RATES TO EXISTING PLANS. T-ii INSURANCE REBATE The PERA police and fire fund is now essentially fully funded. Further- more, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. Therefore, THE LEGISLATURE SHOULD AMEND THE PRESENT PROVISION ON DISBURSEMENT OF THE TWO PERCENT TAX ON AUTOMOBILE CASUALTY INSURANCE TO ALLOW EXPENDITURES BY THE RECIPIENT POLITICAL SUBDIVISION OF ANY EXCESS OVER THE E~.~LOYER'S SHARE OF POLICE RETIRE~iENT COSTS FOR ANY POLICE DEPARTMENT PURPOSE INSTEAD OF REQUIRING PAYMENT TO THE PERA POLICE AND FIRE FUND. SINCE THE PERA POLICE AND FIRE FUND HAS NOW ESSENTIALLY ACItIEVED FULL FUNDING, EMPLOYER' AND EMPLOYEES' CONTRIBUTIONS SHOULD BE REDUCED TO AN AMOUNT SUFFICIENT TO PAY NORMAL COSTS ON AN EQUAL SHARE BASIS. T-12 CONTRIBUTION SAVINGS ANY DECREASE IN CONTRIBUTIONS BY LOCAL UNITS DUE TO DEFICIT REDUCTIONS OR PGORAM CHANGES SHOULD ACCRUE TO TIlE LOCAL UNIT. II-U CONTRACT QUOTE AND BID The 1983 legislature modified the contract bidding law by increasing the thresholds from $10,000 to $15,000 for which it is necessary to advertize for competitive sealed bids. The other thresholds for multiple quotes were also increased. However, a floor amendment removed language from the smallest category that required two quotes as far as practicable'. Thus, in theory, a city might be required to obtain and file two quotes for purchases such as a light bulb, etc. THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE 'AS FAR AS PRACTICABLE' LANGUAGE TO THE SMALLEST CONTRACT CATAGORY AND IF NECESSARY REDUCE THAT CATAGORY TO ZERO TO $5,000 AND CHANGE THE SECOND CONTRACT CATAGORY REQUIRING TWO OR MORE CO~APETITIVE QUOTES TO $5,000 TO $15,0~0. II-V ZONING AND SUBDIVISION FILING REQUIREMENTS The law was modified two years ago to require any zoning change or variance as well as subdivision approval to be recorded with the appropriate county agency. Subdivision regulations and plats have to do with legal descriptions of property and may be justifiable actions for recording. However, zoning alone with comprehensive plans are much more flexible and changing documents specifying uses in more general terms and size or locational issues in more specific. terms. Zoning issues may range from the location and height of a fence to changing a zone classification for literally hundreds of specific properties. The sheer volume and cost of paper work at both the local and county level, is not warrented since these issues and~decisions are available already at the local level and are not legally appropriate parts of deeds and titles.' Finally, this law was initially changed by a separately signed bill passed in 1988 except that a'latter revisors bill making changes rd'many areas of law inadvertently carried the old language. Since it passed later, it superceded the first bill and returned the law to'its pre 1983 status. THE AMM URGES THE LEGISLATURE TO REPASS THE LAW WHICH ELIMINATES THE NEED TO FILE AND RECORD ZONING MODIFICATIONS WITH THE COUNTY. II-W TORT LIABILITY LIMITS During the 1983 legislative session, Tort liability limits for local governments were increased from $100,000J$300,000 to $200,000/$600,000 ~as of August 1, 1984. Limits for Hazardous Waste disposal claims are $300,000/$600,000 and will be $400,000/$1,200,000 effective August 1, 1984. During these discussions, the Governors office expressed a desire to remove Tort liability limits altogether. If done, this could have a critical and disasterous effect on city financing and property taxes. The cost of providing insurance for unlimited liability would be prohibitive and cause a-long term u~necessary major property tax increase. Also, if a major claim were to be filed and supported through the .judicial system for a sum far in excess of what might be considered reasonable, a local jurisdiction could literally be driven to financial ruin with the taxpayers becomming liable for huge property tax payments. Unlike a private sector business, a city cannot merely declare bankruptcy and cease to exist. THE AMM CONSIDERS THE.CURRENT TORT LIABILITY LIMITS ADEQUATE TO SATISFY ANY REASONABLE CLAIM AND THEREFORE URGES THE LEGISLATURE TO RETAIN THE LIMITS IN CURRENT LAW AND NOT CONSIDER UNLIMITED LIABILITY. II-X PUBLICATION REQUIREMENTS Legislation has been proposed to significantly modify publishing requirements and rates paid by local units of government. Included are a few provisions reducing redundancy, of multiple publication requirements. However, it calls for summary publication of all council meeting minutes and an annual budget statement.' It creates a cause of action for willful failure to. provide statutorilly required legal notice of publication and proVides for recovery of costs and attorney fees. Publication line rates are increased 10% each year for 1984 and 1985 and 5% for 1986. Thereafter; they become negotiable. THE AMM APPLAUDS ANY EFFORT TO REDUCE UNNECESSARY MULTIPLE PUBLICATIONS BUT OPPOSES ~{ANDATORY PUBLICATION OF COUNCIL MINUTES SUMMARIES OR ANNUAL BUDGETS BEYOND THAT PROVIDED BY LOCAL CHARTER OR ORDINANCE. THESE DOCUMENTS ARE CURRENTLY AVAILABLE TO THE PUBLIC AlXrD INCREASED TAX DOLLAR ~N~PEICDITURES FOR ADDED PUBLICATION IS UNNECESSARY. CURRENT LAW PROVIDES ADEQUATE REMEDY FOR FAILURE TO PROVIDE LEGAL NOTICES OR PUBLICATIONS, THEREFORE THIS PROVISION IS NOT NECESSARY AND OPPOSED BY AMM. FINALLY, THE RATE INCREASES AS PROPOSED ARE EXCESSIVE CONSIDERING THE CURRENT ECONOMY AND SHOULD BE REDUCED. IV. METROPOLITAN AREA ISSUES AND CONCERNS PAGES 10 THROUGH 20 IV METROPOLITAN AREA ISSUES & CONCERNS PHILISOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES The source of all governmental power resides with the people. The purpose of government is to identify and meet the needs of the governed. Needs of the people should be met with a minimum of involvement on the part of governing units. The degree of involvement should be that necessary to solve the problem. Because they are closer to the people, local governing bodies are generally most suited to deal with the day-to-day problems of their constituents, to introduce practical knowledge to the formation of policies and plans affecting their constituents, and to see the impact of those policies. ~ Some issues are beyond the scope of a single governing body. Therefore, when such issues arise, it is in the interests of all concerned for governing units to cooperate in reaching a solution. There are a few problems which are of such magnitude that they encompass the concerns of an entire metropolitan area. Such problems and issues must necessarily be dealt with by a metropolitan unit. How- ever, that unit should act in cooperation with local governing bodies by attempting to identify the best solution before determining courses of action. Metropolitan Agencies and local governmental units should be viewed as partners with each respecting the role of the other in solving these problems. Government must not be insulated from the governed. It must be kept in mind by all officials, elected and non-elected, that they are servants of the will of the people. IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES Due to the political fragmentation of this metropolitan area and the diverse fiscal conditions, geographic locations, and size of the local units of government, there is a need for a regional service delivery system to provide certain services or portion§ of certain services to most effectively and efficiently satisfy the needs of the residents living in this area. Examples of this type of regional service needs would be the prevention of pollution, provision of certain trans- portation functions, etc. There is also a need for some planning on a metropolitan wide basis which must be done in cooperation with local government. The federal government and the state government, to a lesser extent, require that most. grant applications be reviewed by a regional agency to determine consistency of these applications with regional plans and programs. Since this activity is beyond the control of local units of government, the Council appears to be the most logical agency to perform this function. THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN COUNCIL AND METROPOLITAN COMMISSIONS SHOULD BE TO COORDINATE THE PLANNING AI~ DEVELOPMENT OF THE METROPOLITAN AREA: TO PROVIDE WITHOUT NEEDLESS DUPLICATION THOSE AREA WIDE SERVICES WHICH ARE BEYOND THE CAPABILITY OF LOCAL GOVERNMENTAL UNITS TO PROVIDE INDIVIDUALLY AND JOINTLY: TO PROVIDE AREA WIDE PLANNING WHERE NECESSARY WITH COOPERATION OF LOCAL GOVERNMENTAL UNITS: AND TO FULFILL THE REGIONAL REVIEW RESPONSIBILITIES FOR GRANTS AND LOANS AS DIRECTED BY THE STATE AND FEDERAL GOVERNMENT. IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS There is a natural tendency of any organization to seek more authority in both breadth and depth; therefore, increased authority to the Council and its Commissions should contain carefully°considered specific direction. ACTIVITIES WHICH ARE NOT MANDATED BY FEDERAL OR STATE GOVERNMENT BUT MAY BE UNDERTAKEN THROUGH USE OF GRANT MONEY SHOULD NOT BE PURSUED MERELY BECAUSE.MONEY IS AVAILABLE UNLESS THERE IS A NEED THAT MUST BE SATISFIED FOR THE PEOPLE OF THE METROPOLITAN AREA AND THEN SHOULD BE PURSUED ONLY AFTER A THOROUGH EVALUATION TO DETERMINE WHAT ADDITIONAL LOCAL'OR STATE EXPENDITURES ARE NECESSARY TO C0~LETE ACTIVITY, REACH TO THE FINDINGS OR IMPLEMENT A PROGRAM. THE LEGISLATURE, IN GRANTING THE METROPOLITAN COUNCIL ADDITIONAL AUTHORITY TO UNDERTAKE AND ACTIVITY, SHOULD SPECIFICALLY STATE THE AUTHROITY BEING GRANTED AND NOT INCLUDE GENERAL LEGISLATIVE LANGUAGE SUCH AS..."INCLUDING BUT NOT LIMITED TO SUCH MATTERS AS..." ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXISTS: -THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN"SHOWN TO BE NEEDED A~ IT CAN BE DEMONSTRATED THAT IT CANNOT BE EFFECTIVELY OR EFFICIENTLY PROVIDED OR ADMINISTERED THROUGH EXISTING GENERAL PURPOSE ~ITS OF GOVERNMENT. -INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE REGIONAL INVESTMENT IN THE METROPOLITAN PHYSICAL SERVICE SYSTEMS. -THE SERVICE FUNCTION'OR ACTIVITY IS MANDATED BY THE FEDERAL GOVERNMENT. IV-C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF }IETROPOLITAN SER¥ICES AND PROGRAMS The Metropolitan Council was established by the Legislature in 1967 to coordinate "the planning and development" of the Metropolitan Area. The Council, as initially established, was mostly advisory but was given some direct authority and responsibility for regional policy development and coordination in the areas of wastewater treatment and disposal, transportation and airports. The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance. The Council, in its infancy, was given no direct operational aut'hority and instead the Legislature created two new Metropolitan Commissions (~IWCC and MTC) and restructured the MAC to actually operate and provide those services. In subsequent sessions of the Legislature, the Metropolitan Council's authority and responsib- ility was expanded to include regional parks and open space, solid waste, regional review authority over certain types of federal grant applications (formerly A-95), approval authority over controlled access highways and approval authority over certain elements (airports, transportation, parks and open space, and sewers) of local comprehensive plans. In each of these cases, however the Council was not given operational or implementation authority. There was one exception to this general division of responsibility in that the Council was given regional HRA operational authority but the Council can only operate this authority in any given city at the request of that city. The funding for the Metropolitan Council and C~mmissions and their programs has also evolved over the period of time and is a mixture of property taxes, user fees and state and federal grants. However, except for user fees, the Legislature has retained control over the maximum tax rates and the metro agencies cannot adjust these rates upward. The Legislature also retains control over grants thru its biennial appropriation process. Based on this background and experience,, the AMM believes: C-1 POLICY PLANNING - POLICY I}fPLEMENTATION THE HISTORIC LEGISLATIVE INTENT CONCERNING SEPARATION OF RESPONSIBILITY FOR METROPOLITAN (REGIONAL) POLICY PLANNING AND POLICY IMPLEMENTATION SHOULD BE REAFFIRMED. I.E. THE METROPOLITAN COUNCIL BE A PLANNING AND COORDINATING BODY AND REGIONAL PROGRAM IMPLEMENTATIONAND OPERATIONS BE CARRIED OUT THROUGH THE EXISTING METROPOLITAN COMMISSIONS AND/OR GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT. C-2 METROPOLITAN STRUCTURE-AND STRUCTURAL RELATIONSHIP THE EXISTING STRUCTURE OF METROPOLITAN GOVERNANCE THAT HAS EVOLVED OVER THE LAST 16 YEARS IS BASICALLY SATISFACTORY. THE STRUCTURE IS NOT UNIFOR~ AND FUNCTION HAS DETERMINED FOR~ RATHER THAN FORM DETERMINING FUNCTION. FOR EXAMPLE, THE RELATIONSHIP BETWEEN THE METROPOLITAN COUNCIL AND THE ~TC AND THE MWCC IS QUITE DIFFERENT THAN THE RELATIONSHIP BETWEEN THE METROPOLITAN COUNCIL AND MAC AND THE MPOSC A~ THE AMM BELIEVES NO MAJOR CHANGES ARE NECESSARY. THE AMM WOULD SUPPORT THREE MINOR BUT SIGNIFICANT CHANGES WHICH SHOULD HELP TO PROVIDE MORE EFFECTIVE COMMUNICATION AND COORDINATION BETWEEN THE METROPOLITAN COUNCIL AND THE COMMISSIONS. -THE CHAIRPERSONS OF THESE COMMISSIONS (MTC-MWCC) SHOULD BE APPOINTED BY THE METROPOLITAN COUNCIL INSTEAD OF THE GOVERNOR. -THE METROPOLITAN COUNCIL SHOULD BE REQUIRED TO REVIEW AND PROVIDE WRITTEN COMMENTS WITH RESPECT TO THE ANNUAL OPERATING BUDGETS OF THE MTC AND ~.{WCC. SUCH COMMENTS SHOULD BE MADE AVAILABLE TO THE PUBLIC. -CHANGES IN USER FEE RATE'S ESTABLISHED BY THE MTC AND MWCC WOULD BE SUBJECT TO APPROVAL BY THE MET COUNCIL AND ONLY THEN AFTER A PROPESLY NOTICED PUBLIC HEARING. C-3 FUNDING FOR REGIONALLY PROVIDED SERVICES THERE IS NO NEED FOR A SINGLE UNIFORM REVENUE SOURCE TO PAY FOR REGIONAL SERVICES AND THE EXISTING MIXED SOURCES OF REGIONAL REVEI~ES ARE SATISFACTORY AND ADEQUATE. I.E. A COMBINATION OF USER FEES, STATE AND FEDERAL .APPROPRIATIONS AND PROPERTY TAXES. THE LEGISLATURE SHOULD RETAIN CONTROL OF THE MAXIMUM TAX RATES AND DIRECT APPROPRIATIONS. USER FEE RATES SHOULD BE DETERMII~D WITHIN THE REGION JUST AS THEY ARE CURRENTLY AND AS MODIFIED BY C-2 ABOVE. USER FEE RATES FOR SERVICES PROVIDED SHOULD NOT BE DETERMINED BY THE LEGISLATURE. IV-F MINNESOTA INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS Presidental Executive Order No. 12372 as amended by Executive Order No. 12416 eliminates the Federal A-95 Review Process and authorizes each state tO,establish its own process. Minnesota'.Sessions Laws 1983, Chapter 289, Section 49 authorized the State Planning Agency to adopt .a .state process. Such review and state processes must be recognized by the Federal Agencies. The State Intergovernmental Review of Federal Programs Process should be consistent with the following prinicples and concepts: F-1 GUIDELINES FOR STATE PRocESs' 'THE STATE PROCESS (PROCEDURE) SHOULD BE APPLICABLE AND CONSISTENT ON A STATEWIDE BASIS AND CRITERIA SHOULD BE DEVELOPED TO DETERMINE WHICH FEDERAL PROGRAMS, PROPOSALS AND PROJECTS WILL BE SUBJECT TO TIM INTER- GOVERNMENTAL REVIEW PROCESS. PROGRAMS AND PROJECTS SHOULD NOT BE ADDED OR DELETED FROM THE LIST WITttOUT PROPER NOTICE. F-2 REGIONAL REVIEW AGENCY THE REGIONAL AGENCIES REVIEW AUTHORITY, SHOULD BE LIMITED TO JUDGING THE PROGRAMS, PROPOSALS, PROJECTS CONSISTENCY WITH REGIONAL PLANS, GOALS AND POLICIES. NO PREFERENCE OR PRIORITY SHOULD BE GIVEN TO PROJECTS, PROGRAMS OR. PROPOSALS WHICH EXCEED THE REGIONAL OR STATE REQUIREmeNTS AS OPPOSED TO THOSE PROJECTS, PROGRAMS OR PROPOSALS WHICH MEET THE REGIONAL OR STATE REQUIRE}lENTS. EACH PROGRAM, PROJECT PROPOSAL SHOULD BE REVIEWED PRIMARILY ON ITS OWN MERITS AND THE REGIONAL REVIEWING AGENCY SHOULD DOCUMENT ITS REASONS FOR CONSIDERING FACTORS NOT DIRECTLY RELATED TO THE SUBJECT MATTER OF THE PROGRAM, PROJECT, PROPOSAL. F-3 NOTIFICATION REQUIREMENTS NOTIFICATION REQUIREMENTS OF THE PREVIOUS FEDERAL A-95 REVIEW PROCEDURE SHOULD'BE INCORPORATED INTO THE STATE INTERGOVERNHENTAL REVIEW PROCESS. IV-I HAZARDOUS WASTE MANAGEMENT The problem of regulating, controlling and disposing of hazardous materials in an environmentally sound manner is one of the major issues of this decade both nationally and locally. Major state legislation addressing this issue was enacted in 1980,'81,'82 and'83. These legislative acts, as passed, r~sponded to nearly all the concerns and issues raised by the AMM and we commend the legislature for its concern. The comulative affect of the legislation was the establishment of an on-going management and control system for the handling and disposal of hazardou~ materials where responsibility is centralized at the state level but requires the cooperation and support of all levels of government. The AMM does not perceive the need for additional legislation or major changes to existing legislation at the present time. However, any future legislative proposal that may be considered should enhance and not dimish emphasis on the following principles: I-1 EFFECTIVE PLANNING PARTIES OR AGENCIES WHO GENERATE HAZARDOUS WASTES SHOULD BE INVOLVED IN ALL PHASES OF PLANNING AND I},~LEMENTING THE }IANAGEMENT AND DISPOSAL SYSTEM. I-2 ABATEMENT-REDUCTION-RESOURCE RECOVERY GENERATORS SHOULD BE ENCOURAGED TO MODIFY THEIR PRODUCTION PROCESSES TO RE-USE, RECOVER/RECYCLE AS MUCH HAZARDOUS WASTE AS POSSIBLE AND TO USE LESS HAZARDOUS RAW ~ATERIALS IN THEIR MANUFACTURING PROCESS. ENCOURAGEMENT COULD BE GIVEN THRU INCENTIVES/DISCINCENTIVIES. I-3 HANDLING, STORAGE, DISPOSAL ALL PARTIES INVOLVED IN THE "HAZARDOUS WASTE STREAM" (FROM GENERATION TO DISPOSAL) MUST BE REQUIRED TO HANDLE WASTE IN A MANNER THAT WILL ASSURE THAT THESE WASTES ARE PROPERLY IDENTIFIED, COLLECTED, TREATED, TRANSPORTED, ETC. AND ULTIMATELY DISPOSED OF IN A SAFE ~ANNER. I-4 PRIVATE OWNERSHIP THE PRIVATE SECTOR SHOULD BE ENCOURAGED TO OWN, OPERATE AND MANAGE HAZARDOUS WASTE PROCESSING,-TREATMENT, STORAGE AND DISPOSAL FACILITIES UNDER STRINGENT STATE REGULATION AND LICENSING AND BACKED BY STATE LIABILITY. UNDERGROUND OR IN-GROUND BURIAL OF HAZARDOUS WASTES SHOULD ONLY BE USED AS A LAST RESORT AND IF THIS BECOMES NECESSARY, THE PRIME CRITERIA FOR SITE SELECTION SHOULD BE GEOLOGICAL ACCEPTABILITY AND SAFETY OR THE PUBLIC. I-5 COMPENSATION-INCENTIVES FOR HOST COMMUNITIES SEE AMM POLICY Q-4 FOR LISTING OF INCENTIVES AND COMPENSATION WHICH SHOULD BE PROVIDED TO ttOST COMMUNITIES. I-6 EXISTING SITE CLEAN-UP AND LIABILITY THE MPCA SHOULD BE ENCOURAGED TO PROCEED POST HASTE TO CLEAN-UP AND DECOMTAMINATE THE EXISTING HAZARDOUS WASTE SITES BEFORE THERE IS FURTHER DA~AAGE TO PUBLIC HEALTH AND THE ENVIRONMENT. IF A RESPONSIBLE PARTY CAN BE IDENTIFIED, THAT PARTY SHOULD BE LIABLE FOR CLEAN-UP COSTS AND PERSONAL INJURY DAY, AGES AS DEFINED IN LAW. IF A RESPONSIBLE PARTY CANNOT BE IDENTIFIED, THEN THE CLEAN-UP SHOULD BE FINANCED BY THE STATE SUPERFUND AND THE LEGISLATORS SHOULD ASSURE THAT THERE ARE ADEQUATE FUNDS TO DO SUCH CLEAN-UP IV-N SURFACE WATER MANAGEMENT IN THE METROPOLITAN AREA The Legislature in 1982 adopted a Surface Water 5~anagement Act for the 7-county metropolitan area. The Act as passed, addressed most of the concerns raised by the AMM and we do not see the need for major new 14 legislation at this pOint in time. If the Legislature considers a bill for the balance of the state or if changes are contemplated for the metropolitan area, such legislation should not diminish emphasis on.the following principles: THE COST TO LOCAL UNITS OF GOVERNMENT FOR PLANNING AND I~LE~NTING THIS ACT MUST REMAIN OUTSIDE OF LEVY LIMITS AND ADDITIONAL MANDATES PLACED ON LOCAL UNITS OF GOVERNMENT SHOULD BE FULLY FUNDED BY STATE RAISED REVENUES. A METROPOLITAN AREA WIDE AD VALORUM PROPERTY TAX SHOULD NOT BE ESTABLISHED TO PAY FOR SURFACE WATER MANAGEMENT (pLANNING, PROJECTS, MAINTENANCE) EXCEPT FOR REGIONAL PLANNING OR PROJECTS THAT ARE JUDGED TO BE OF METROPOLITAN SIGNIFICANCE PER ,M.S. 473.173. THE AUTHORITIES AND RESPONSIBILITIES ASSIGNED TO THE VARIOUS UNITS AND LEVELS OF GOVERNMENT BY THE 1982 SURFACE WATER MANAGEMENT ACT SEEM TO BE IN GOOD BALANCE AND SHOULD ALLOW FOR EFFECTIVE EFFICIENT MANAGEMENT OF SURFACE WATER. THESE AUTHORITIES AND RESPONSIBILITIES SHOULD NOT,BE CIIANGED UNLESS THE SYSTEM DELINEATED IN THIS ACT PROVES UNWORKABLE. LOCAL UNITS OF GOVERNMENT WITHIN THE 7-COUNTY METROPOLITAN AREA SHOULD BE ELIGIBLE TO PARTICIPATE ~IN ANY STATE-WIDE SURFACE WATER MANAGEMENT GRANT PROGRAM WHICH MAY BE ESTABLISHED AS PART. OF A STATEWIDE PROGRAM. IV-P METROPOLITAN GOVERNANCE ACCOUNTABILITY The major recommendation of the Legislative Commission on Metropolitan Governance dealt with the issue of accountability of Metropolitan Agencies in order to improve their responsiveness to the various groups and government agencies interested in Metropolitan Government. The AMM also believes that more accountability is needed. P-1 LEGISLATIVE ACCOUNTABILITY The existing system of regional governance and structure should be more.accountable to the Legislature. Under the current system, the Metropolitan Council'is in reality accountable and responsive only to the Governor who is elected on a state-wide basis. The Council, in turn, appoints the members of the MTC, MWCC and MPOSC and the Hetro HRA Advisory Committee, and consequently, these agencies are further removed from the Legislature in terms of accountability. History has shown that by and large the Council and Commission members are appointed, reappointed or removed almost solely on the basis of political party affiliation. While in theory, the Council and Commissions are accountable to the Legislature, the Legislature in recent years has shown little inclination to exercise its overview authority unless the Council or Commissions request funding or funding authority. The AMY recommends: BUDGET AND REVENUE FORECASTING AND ANALYSIS THAT THE LEGISLATURE REQUIRE THE COUNCIL AND COMMISSIONS TO PREPARE LONG RANGE BUDGET PROJECTIONS, IN ADDITION TO THE EXISTING REQUIREMENT OF ANNUAL OPERATING AND FIVE YEAR CAPITAL IMPROVEMENT BUDGETS. THESE ADDITIONAL LONG RANGE PROJECTIONS WOULD ESTIMATE REVENUES AND EXPEND- ITURES FOR 10 YEARS IN CAPITAL BUDGETS AND 4 YEARS IN OPERATIONS. THE METROPOLITAN COUNCIL WOULD ASSEMBLE AND COORDINATE THE SEPARATE AGENCY BUDGETS INTO A SINGLE ~DGET DOCUMENT AND PREPARE SUMMARY AND OVERVIEW DOCUMENTS SIIOWING AGGREGATE RESULTS: HOLD HEARINGS ON THE DOCUMENT AS A WHOLE: AND MAKE A REPORT TO THE LEGISLATURE. TttIS PROCESS WOULD NOT RESULT IN A SINGLE UNIFIED BUDGET AND THE COUNCIL WOULD NOT BE GRANTED ANY APPROVAL AUTHORITY BEYOND WHAT IT NOW POSSESSES. B. POLICY AND PROGRAM EVALUATION THAT THE LEGISLATURE STRENGTHEN ITS OVERSIGHT AND MONITORING RESPONSIB- ILITIES WITH RESPECT TO THE METROPOLITAN AGENCIES AND THEIR POLICIES AND PROGRAMS BY REQUIRING A MORE SYSTEMATIC AND FOR~,~L ACCOUNTING OF AGENCY ACTIVITIES TO THE LEGISLATURE. TO ACCOMPLISH THIS THE LEGIS- LATURE SHOULD CONSIDER THE FOLLOWING CONCEPTS: 1) THE AGENCIES WOULD BE REQUIRED AT THE BEGINNING OF EACH LEGISLATIVE BIENNIUM TO IDENTIFY ALL NEW, OR MAJOR REVISIONS TO EXISTING POLICY PLANS THAT HAVE BEEN ADOPTED, THE REASONS FOR ADOPTION AND WHAT BENEFITS WILL BE DERIVED FOR THE REGION FROM SUCH PLANS AND THE ESTIMATED COSTS TO IMPLEMENT SUCH PLANS. 2) AT PERIODIC INTERVALS, THE AGENCIES WOULD HAVE TO REPORT TO AND JUSTIFY TO THE LEGISLATURE'THE CONTINUING NEED FOR ALL SUCH POLICY PLANS. 3) UPON PETITION OF A CERTAIN PERCENTAGE OF THE GOVERNING BODIES OF THE LOCAL UNITS OF GOVERNMENT, THE AGENCIES WOULD HAVE TO JUSTIFY THE CONTINUANCE OF ANY POLICY PLAN TO THE LEGISLATURE EXCEPT THOSE POLICY PLANS THAT WERE SPECIFICALLY MANDATED BY THE LEGISLATURE. 4) EACH PROGRAM MUST INCLUDE AN ANNUAL QUANTIFIABLE EVALUATION PROCESS MEASURING GOAL INDICATORS AND COST PER EACH QUANTIFIABLE UNIT OF MEASURE. C. LEGISLATURE FOCUS THAT THE LEGISLATURE ESTABLISH A POINT OF FOCUS WITHIN THE LEGISLATURE TO ACCOMPLISH P-1 A AND B. THIS COULD BE ACCOMPLISHED BY CREATING EITHER A PERMANENT JOINT COMMISSION ON METROPOLITAN AFFAIRS OR PERMANENT SUBCOMMITTEES OR DIVISIONS OF THE APPROPRIATE COMMITTEES OF THE HOUSE AND SENATE. ALL LEGISLATION PERTAINING TO THE METROPOLITAN AGENCIES MUST GO TO THIS COMMISSION OR SUBCOMMITTEES IN ADDITION TO THE ACTIVITIES OF P-1 A AND B. P-2 PUBLIC ACCOUNTABILITY While the Association believes there needs to be more accountability to the residents of the Metropolitan Area in addition to more legis- lative accountability, direct election of Metropolitan Council members might result in the Council in effect, becomming a Metropolitan level general purpose operating unit of government. Therefore, the Association recommends that Metropolitan Councilmembers continue to be appointed by the Governor but that the appointment process be modified to allow more public and local official input. THE APPOINTMENT PROCESS FOR METROPOLITAN COUNCILMEMBERS SHOULD BE MODIFIED TO INCLUDE A SPECIFIED FILING PERIOD, GOVErnOR COULD ONLY APP6INT PERSONS WHO'HAD FILED, A PUBLIC HEARING IN THE DISTRICT WHERE RESIDENTS COULD MAKE THEIR PREFERENCE KNOWN AND HAVE THE OPPORTUNITY TO QUESTION CANDIDATES, AND THE DATE CERTAIN WHEN THE APPOINTMENT IS TO BE MADE. APPOINTEES WOULD BE SELECTED FROM A LIST CONTAINING NOT LESS THAN TWO OR MORE THAN FIVE NOMINEES PREPARED AND SENT TO THE GOVERNOR WITH APPROVAL OF A MAJORITY OF THE LEGISLATORS WITHIN A COUNCIL DISTRICT. THIS NOMINATION PROCESS WOULD NOT APPLY TO THE CHAIRPERSONS. }~TROPOLITAN COUNCIL WOULD~BE REQUIRED TO FOLLOW THE SAME PROCESS IN APPOINTING MEMBERS TO THE MTC, ~¥CC AND ~OSC. ELECTED OFFICIALS OF LOCAL UNITS OF GOVERNMENT SHOULD BE ELIGIBLE TO SERVE AS METROPOLITAN COUNCILMEMBERS. IV-Q SOLID WASTE MANAGEMENT IN THE METROPOLITAN AREA The Waste Management Act of 1980 and amended by the Legislature in 1981, 1982 and 1983 clarified and redefined the roles and responsibilities of various levels of government with respect to managing the solid waste Stream within the 7-county metropolitan area. The solid waste system in place in the 7-county area as a result of those legislative actions is'basically a three-tiered system whereby cities control and regulate collection; counties are responsible for 'siting' new landfills, developing abatement plans and · regulating existing landfills; and the Metropolitan Council has regional planning and coordinating responsibilities. The system was intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound landfill disposal for the remaining solid-waste. Maximum cooperation and coordination among and between the various levels and units of government and the private sector is needed if the system is to work as intended. While the "new" system has not been entirely implemented as yet, it appears to be working but there is a growing concern that not enough attention and emphasis is being given to abatement, recycling and resource recovery type activities. If this is true, then pressure and interest may develop at the Legislature to make significant change to the structural relationship and responsibilities. For example, one bill has already been introduced in the Legislature which would transfer most of the metropolitan counties' responsibilities to the Metropolitan Waste Control Commission. With respect to solid waste management in the 7-county area, the AMY believes: Q-1 EFFECTIVE PLANNING ALL LEVELS OF GOVERNMENT, INCLUDING CITIES, AND PRIVATE INDUSTRY SHOULD BE ENCOURAGED AND ALLOWED TO PARTICIPATE IN THE ENTIRE SOLID WASTE MANAGEMENT PLANNING AND IMPLEMENTATION PROCESS' TO ASSURE A COST EFFICIENT AND ENVIRONMENTALLY SOLID DISPOSAL SYSTEM. Q-2 REUSE/RECOVERY/ABATEMENT THOSE UNITS/LEVELS OF GOVERNMENT,WHICH UNDER LAW,HAVE THE MAJOR RESPONSI- BILITY FOR PLANNING FOR ABATEMENT,RECYCLING,AND RESOURCE RECOVERY SHOULD MAKE THAT ACTIVITY A VERY HIGH PRIORITY. THE AM~! STRONGLY ENCOURAGES ABATEMENT, RECYCLING AND RESOURCE RECOVERY STRATEGIES AND PROGRAMS A~ BELIEVES THAT LANT)FILLING SHOULD ONLY BE USED AS A LAST RESORT AND THEN ONLY FOR THOSE ~TERIALS WHICH CAN NOT BE REUSED OR DISPOSED OF IN PREFERRED MANNER AS LISTED ABOVE. THE AMM HAS NOT ATTEMPTED TO PRIORITIZE AMONG THE DIFFERENT STRATEGIES SUCH AS ABATEMENT, RECYCLING AND RESOURCE RECOVERY BUT RECOGNIZES THAT CAREFUL AND COORDINATED PLANNING IS NECESSARY AT ALL LEVELS TO ACHIEVE THE MOST COST EFFECTIVE SYSTEM. Q-3 COMPENSATION FUND A SEGREGATED STATE OR 7-COUNTY }AETROPOLITAN AREA SOLID WASTE COMPENSATION FUND SHOULD BE ESTABLISHED. THE FUND SHOULD BE FINANCED BY A TAX ON ALL SOLID WASTE DESTINED FOR LANDFILL DISPOSAL. THIS FUND COULD BE USED TO PAY FOR COSTS ASSOCIATED WITH Q-4, Q-5, Q-6, AND Q-7. Q-4 COMPENSATION AND INCENTIVES FOR HOST COMMUNITIES THE "HOST" COMMUNITIES FOR SOLID WASTE DISPOSAL FACILITIES SHOULD BE COS~ENSATED FOR ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE UNDERSIREABLE IMPACTS SUCH A FACILITY WILL HAVE ON THE COMMUNITY. DIRECT COSTS INCLUDE SUCH THINGS AS FIRE PROTECTION, WATER AND SEWER SERVICES, BUFFER ZONE DESIGN AND AMENITIES, LITTER CLEAN-UP, ETC. INDIRECT COSTS INCLUDE SUCH ITEMS AS ROAD MAINTENANCE, MONITORING COSTS, END USE PLANNING CITY ADMINISTRATIVE COSTS ASSOCIATED WITH THE FACILITY, ETC. ADDITIONALLY THE FACILITY, IF PRIVATELY OWNED, SHOULD BE TAXED AT AN II~USTRIAL PROPERTY TAX CLASSIFICATION RATE AND IF PUBLICLY OWNED, THE FACILITY OWNER OR OPERATOR SHOULD BE.REQUIRED TO MAKE A PAYMENT IN LIEU OF TAXES (PILOT) AT THE SAME RATE. THE MECHANISM AND THE AMOUNT OF FUI~S TO BE PAID TO THE COMMUNITY AS COMPENSATION AND INCENTIVES WILL BE DETERMINED BY NEGOTIATION BETWEEN THE WASTE FACILITY OPERATOR/OWNER AND THE LOCAL UNITS. AN ARBITRATION TYPE PROCESS SHOULD BE ESTABLISHED WHERE A MUTUAL AGREEMENT CANNOT BE ACHIEVED THROUGH THE NEGOTIATION PROCESS. Q-5 ENVIRONMENTAL, PERSONAL, AND PROPERTY DA~.~GES FUNDING SHOULD BE AVAILABLE TO PROVIDE IMMEDIATE RELIEF TO PERSONS OR LOCAL UNITS OF GOVERNMENT INJURED OR DAMAGED BY ADVERSE ENVIRONMENTAL INCIDENTS CAUSED BY SOLID WASTE DISPOSAL FACILITIES. (I.E. REAL OR PERSONAL PROPERTY DAMAGE, ALTERNATIVE WATER SUPPLIES, CLEAN-UP COSTS, PERSONAL INJURIES, LONG TERM LIABILITY, POST CLOSURE COSTS, ETC. Q-6 COUNTY RESPONSIBILITIES - SOLID WASTE COUNTIES WITHIN THE METROPOLITAN AREA SHOULD ACCEPT AND IMPLEMENT THEIR RESPONSIBILITIES WITH RESPECT TO SOLID WASTE MANAGEMENT. PARTICULARILY IN SITING NEW LANDFILLS AND ORGANIZING EFFECTIVE ABATEMENT PLANS. TRANSFERRING THEIR RESPONSIBILITIES TO ANOTHER AGENCY SUCH AS THE MWCC WOULD NOT IMPROVE THE SITUATION AND IN FACT MIGHT CREATE FURTHER DELAYS IN EFFECTIVE IMPLEMENTATION. THE COUNTIES SOLID WASTE RESPONSIBILI£IES SHOULD NOT BE TRANSFERRED TO THE MWCC OR ANY OTHER AGENCY AT TtlIS POINT IN TIME. Q-7 CITY RESPONSIBILITIES - SOLID WASTE C]L o CITIES SHOULD ALSO ACCEPT THEIR SItARE OF RESPONSIBILITY FOR IMPLEMENTING EFFECTIVE ABATEMENT AND RESOURCE RECOVERY PROGRAMS ~¥HICH ARE SUPPORTIVE OF AND IN CONCERT WITH COUNTY PLANS AND PROGRAMS TO REDUCE THE AMOUNT OF SOLID WASTE WHICH MUST BE LANDFILLED. A PROGRAM OF INCENTIVES SHOULD BE ESTABLISHED TO INSURE THAT ADDITIONAL COSTS BURDENS FOR THESE PROGRAMS ARE NOT IMPOSED ON THE ALREADY HARD PRESSED CITY BUDGETS. THE INCENTIVES SHOULD BE DESIGNED TO ENCOURAGE AND REWARD LOCAL UNITS OF GOVERNMENT .AND RESIDENTS WHICH REDUCE THE VOLUME OF SOLID WASTE DESTINED FOR LANDFILLING. Q-8 TIPPING (DROP) CHARGE REGULATION IF A MONOPLISTIC CONDITION OCCURS IN SOLID WASTE DISPOSAL BECAUSE OF DISTRICTING, GOVERNMENT CONTROL, CENTRALIZED PRIVATE OWNERSHIP, ETC., A MECHANISM OR PROCESS SHOULD BE DEVELOPED TO REGULATE THE TIPPING CHARGES (DROP) AND COLLECTION RATES. IV-R AGGREGATE RESOURCES A bill was introduced in the 1983 Legislative Session (SF 881) which would require certain local units of government to incorporate as part of.their general land use plans, an aggregate resource policy designed to encourage the conservation of identified aggregate resources. Additionally, the Metropolitan Council has been studying and researching this matter for the past several years and, in fact, has published a report of its findings and conclusions. The findings and conclusions section of the Metropolitan Council Report does not contain legislative recommendations nor does it reveal any real immediate need for legislative action such as suggested by SF 881). While the AMN recognizes that at some point, in time, more..planning with respect to protection of aggregate resources might be necessary, any immedikte additional mandated effort at the local level is not justified based on available information. Therefore, THE ANN OPPOSES ANY ADDITIONAL MANDATED PLANNING REQUIREMENTS AT THE LOCAL LEVEL BUT WOULD BE WILLING TO PARTICIPATE AND COOPERATE WITH THE PRIVATE SECTOR AND THE STATE AND ~ETROPOLITAN COUNCIL IN DETERMINING WHAT FUTURE ACTIONS, IF ANY, NAY BE NECESSARY TO ASSURE AN ADEQUATE SUPPLY OF AGGREGATE RESOURCES TO MEET THE DEVELOPMENT A~ ECONOMIC NEEDS OF THE METROPOLITAN AREA. IV-S LOCAL - REGIONAL CONFLICT RESOLUTION MECHANISM One of the issues addressed by the Legislative Commission on Metropolitan Governance in its final report issued in March of 1983 relates to the need for a mechanism whereby intergovernmental disputes in the metropolitan area can be resolved. Three governmental alternatives for dispute resolution were considered by the Commission: (1) judiC~l review; (2) administrative procedure; and (3) legislative review. Persuaded that court proceedings are not the best means of settling most intergovernmental disputes; the Commission focused most of its attention upon the other two alternatives. With regard.to administrative proceedings, either of the rule-making or contested case variety, the Commission concluded that they are no better suited to the needs of governmental adversaries than courtroom proceedings. Reasoning that Administrative Procedures Act (APA) proceedings are no~ generally appropriate to the types of functions performed by metropolitan agencies, the Commission concluded that the Legislature should apply the APA process only on a case-by-case basis'after careful consideration. The~Commission concluded that the third forum, the Legislature, is the one that should be relied upon and that the Legislature should consider means of improving, legitimitizing and regularizing access to the legislative forum for disputes which cannot properly be resolved at the metropolitan level. To this end, the Commission indicated its support of program evaluation as a method of exposing and resolving the policy issues which give rise to many such disputes. THE AMM RECOGNIZE THAT THE LEGISLATURE SHOULD NOT INTERVENE IN MOST METROPOLITAN - LOCAL DISPUTES, IT DOES RECOMMEND THAT IN "CONTESTED CASES", I.E. CASES INVOLVING THE INTERPRETATION AND APPLICATION OP METROPOLITAN POLICIES IN SPECIFIC SITUATIONS, THE LEGISLATURE SHOULD ESTABLISH A PROCEDURE FOR ADMINISTRATIVE REVIEW OR RECONSIDERATION OF FINAL DISPUTES BETWEEN A METROPOLITAN AGENCY AND A LOCAL JURISDICTION. We TRANSPORTATION PAGES 21 THROUGH 24 V TRANSPORTATION V-C REIDESHARE PROGRAM Until June of 1983, MNDOT was the coordinating agency for the Rideshare program with a budget of less than $100,000 annually. The AMM success- fully lobbyed for continuation of this program because it is one of the lowest cost options for improving highway usage. The 1983 legislature did continue the program and changed the control agency from MNDOT to the MTC. THE AMM uRGES THE LEGISLATURE TO CONTINUE SUPPORT AND FUNDING OF THE RIDESHARE PROGRAM IN THE METROPOLITAN AREA. V-F '3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED OFFICIALS The transportation planning process in the twin city metropolitan area has been developed in response to a. variety of federal and state laws and regulations. The Metropolitan Council (MC) was formally designated by the Legislature in 1974 (1974 MRA)'as the agency responsible for the administration and coordination of said planning process. Included within this designation is the responsibility for long range comprehensive transportation planning required by Section 134 of the Federal Highway Act of 1962, Section 4 or Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973, and such other federal transportation laws as may be enacted subsequently. The. planning required under the federal laws is commonly referred to as the '3C' process (continuous, comprehensive, and cooperative), and the MC is the metropolitan planning organization (MPO) under federal terminology. Federal law and regulations require that the MPO function as "the forum for cooperative decision making by principal elected officials of general purpose local government" and receipt of federal £inancial aid for the planning, construction and operation of transportation improvements in urbanized areas, is contingent upon the existence of a planning process which is satisfactory to federal authorities. When the Legislature designated the MC as the transportation planning agency for the metropolitan area, it also mandated the establishment of an "advisory body" to assist the MC and Metropolitan Transit Commission (MTC) in carrying out their responsbilities. While specific duties were not assigned, the Legislature did specify that the advisory body would consist of citizen representatives, commissions, municipal, county, and appropriate state agency representatives. This advisory body is now called the Transportation Advisory Board (TAB) and contains 17 local elected officials among its membership of about 30 officials. 21 The MC has consistently viewed the role of TAB as an advisory body based on the 1974 MRA. Hence, local elected officials in this area do not play as vital a role in the federally mandated 'SC' transportation planning process as is intended by federal law and regulation. Conseq- uently, the continuation of federal financial funding for transportation purposes and projects in this area could be jeopardized if the local 'SC' process is ever found to be in conflict with the federal require- ments. THE LEGISLATURE SHOULD EXAMINE THE PROCESS AND STRUCTURE FOR IMPLEMENTING THEFEDERALLY MANDATED 'SC' TRANSPORTATION PLANNING PROCESS IN THE TWIN CITY METROPOLITAN AREA. IN PARTICULAR, THE ROLES OF TAB AND THE ELECTED OFFICIALS ON TAB, AS DEFINED AND ASSIGNED BY THE MC, SHOULD BE ANALYZED WITH RESPECT TO THE FEDERAL REQUIREMENTS FOR LOCAL ELECTED OFFICIALS PARTICIPATION IN THE '.SC' PROCESS. MINNESOTA STATUTES, CHAPTER 473A, SHOULD BE AMENDED TO DESIGNATE THE 17 ELECTED OFFICIALS ON TAB AS THE FINAL APPROVAL AUTHORITY FOR '3C' PROCESS FEDERAL FUNDS WITH THE AMM AND COUNTIES AS THE APPOINTING AGENCIES RATHER THAN RECOMMENDING AGENCIES FOR THESE ELECTED OFFICIALS. V-H TAXI CAB REGULATIONS The Taxi Cab industry is currently licensed and regulated on a city by city basis with each city providing its own set of fees and regulations. Recently the Citizens League released a study entitled "TAXIS: Solutions in the City; A New Future~in the Suburbs." This study recommends much deregulation and.transfers license authority to the Minnesota Department of Public Safety. One ~f the major thrusts'behind the Citizens League proposal is to free up the taxi industry into a more competitive private business and attempt through this procedure to create a' climate whereby cabs and cities could provide increased opportunity for rideshare programs and other vitally needed transportation opportUnities, especially in.the suburbs. In addition, a bill has been introduced in the legislature transferring regulatory and licensing authority from cities to the MTC. However, neither the Citizens League document nor the bill addresses the complex problems associated with providing reasonable services to outlying areas or less desireable districts of some communities. Even if a degree of deregulation is advisable, some regulation will always be needed making it necessary to determine who and how to enforce such regulations. THE AMM SUPPORTS LEGISLATION WHICH WOULD ASSURE UNIFORM REGULATION OF TAXICAB CARRIERS OPERATING IN THE TWIN CITY METROPOLITAN AREA, ESPECIALLY: H- 1 CONTROLLING AGENCY VEHICLE LICENSING, RULE MAKING, AND REGULATIONS SHOULD BE VESTED WITH A SINGLE ENTITY, EITHER THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, DEPART~ENT OF TRANSPORTATION, OR TRANSPORTATION REGULATION BOARD. H-2 UNIFORM RULES UNIFORM WORKABLE RULES AND REGULATIONS OF OPERATIONS SHOULD BE ESTABLISHED INCLUDING: A. LICENSING AND BACKGROUND INVESTIGATION OF ALL DRIVERS. B. REGULAR INSPECTION OF VEHICLES AND METERS. C. PROVISION FOR NECESSARY INSURANCE COVERAGE.. D. MANNER FOR ADDRESSING OF COMPLAINTS, INSURES RECORD-KEEPING BY CAB OPERATORS AND ACCESS TO THOSE RECORDS BY THE REGULATORY AUTHORITY. Fe A MECHANISM FOR COLLECTION OF LICENSE FEES AND FINANCING FOR THESE REGULATORY FUNCTIONS. H-3 UNIFORM RATES UNIFORM, REASONABLE, AND NON-DISCRImINATORY RATES AND FARES SHOULD BE ESTABLISHED WITH CHANGES MADE ONLY. AFTER APPROPRIATE NOTICE AND PUBLIC.HEARING. H-4 STUDY ACTIVITY RESTRICTIONS RESTRICTIONS CONCERNING SUCH ISSUES AS NUMBER OF CABS AND GROUP LOADING SHOULD BE STUDIED AND POSSIBLY ELIMINATED. H-5 MUNICIPAL AUTHORITY MUNICIPALITIES MAY BE AUTHORIZED, BY PETITION TO THE TRANSPORTATION REGULATION BOARD, TO IICVESTIGATE AND REMOVE DRIVERS LICENSE PERMITS FOR CAUSE WITH FINAL APPEAL TO RESIDE WITH THE REGULATORY BOARD. H-6 SERVICE PROTECTION REGULATIONS SHOULD BE ESTABLISHED AND ENFORCED TO ASSURE THAT REASONABLE 'SERVICE IS PROVIDED PERSONS IN ALL AREAS OF THE METROPOLITAN CENTERS AND OUTLYING SUBURBAN AREAS. V-I CITY SPEED LIMITS Bills have been introduced in past legislative sessions which would grant cities the authority to set speed limits on city roads and streets. The LMC has policy which supports that authority for cities outside of the seven county metropolitan area. Whereas this policy of local authority for free standing rural or out state cities may be feasible, it could be extremely dangerous and confusing in the metropolitan alea. The seven county metropolitan area is made up of 140 contiguous cities and a number of townships. Because of the compactness of cities in this area, it is often impossible to determine when one has crossed a boundry from one city to the next. If one city changed its limits, its neighbor would either have to also change or post many additional signs on each street crossing a boundry. This system would be costly, .extremely confusing to individuals, and might cause some legal problems in case of accidents. Therefore, THE AMM SUPPORTS SPEED LIMIT CONTROL OF CITY ROADS AND STREETS AS CURRENTLY PROVIDED BY LAW FOR THE METROPOLITAN AREA AND WOULD OPPOSE CHANGES TO GRANT GENERAL SPEED LIMIT CONTROL TO INDIVIDUAL CITIES WITHIN THE SEVEN COUNTY METROPOLITAN AREA. V-J SCHOOL ZONE SPEED LIMITS Current law is very restrictive as to when and what jurisdiction may initiate speed reductions for school zones. For instance if lot sizes exceed 100 feet in width surrounding a school, the city is prohibitied from reducing the speed during, school hours. Some schools are on county' roads within cities but in this instance, neither governmental unit has authority to reduce the speed. Therefore, THE' AMM URGEg'THE LEGISLATURE TO INCREASE LOT WIDTH SIZES IN URBAN -DISTRICTS TO ALLOW CITIES TO REDUCE SPEED LIMITS IN SCHOOL ZONES AND TO PROVIDE STATUTORY AUTHORITY FOR EITHER THE COUNTY OR CITY TO ADJUST SPEED LIMITS FOR SCHOOL ZONES ON COUNTY ROADS WITHIN CITY BOUNDARIES.