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2000-04-18AGENDA MOUND CITY COUNCIL COMMITTEE OF THE WHOLE MEETING TUESDAY, APRIL 18, 2000, 7:30 PM MOUND CITY COUNCIL CHAMBERS THESE ARE DISCUSSION ITEMS ONLY. 1. DETERMINATION OF ROLES IN COAST TO COAST PROJECT - LOREN GORDON. 2. PROCEDURE FOR DEALING WITH HASBRO VACATION APPLICATION. REMINDER: CITY COUNCIL, PLANNING COMMISSION, PARK & OPEN SPACE COMMISSION AND DOCK & COMMONS COMMISSION JOINT MEETING: MONDAY, APRIl. 24, 2000 7:30 P.M. CITY COUNCIL CHAMBERS 2. BRUSH & LEAVES DROP OFF. 3. SALARIES OF THE CITY COUNCIL. 4. PREVIEW OF THE UPCOMING NEWSLETrER. ADJOURN. 1554 Page 1 of 1 FLEISINGER From: To: Cc: Sent: Subject: Dean, John B. <jdean(~iKennedy-Graven.com> Fran Clark (E-mail) <fleisinger~msn.com> Loren Gordon (E-mail) <lgordon~hkgi.com>; James D. Prosser (E-mail) <jprosser@ehlers- inc.com> Saturday, Apdl 15, 2000 6:20 AM Plat for Mound Family Hardware Development Fran: As I indicated to you on the phone yesterday, a major subdivision of the area involved in this development (both the new Dodd site and the new city) site will be necessary. The cost should be bome by the city and the Dodds, probably .on a square foot basis. The key issue at the moment is how to proceed. As you know, time is short, and because of that Loren and I are recommending that the HRA instruct John Cameron to move forward in the preparation of a preliminary plat. John's firm has already prepared the ALTA survey for the site. Again, because of the time factor, I would request that you seek the informal consent of the council at the April 18 COW meeting to allow us to proceed. John Cameron has been alerted, and he is working to line up the necessary staff to get going. If you have any questions, feel free to contact either me or Loren. 04/17/2000 H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 l'dephone (612) 337-9310 fax http://www, kennedy-graven.com JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 Email: jdean~kennedy-graven.com April 14, 2000 Fran Clark Acting City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Hasbro proposal Dear Fran: This letter is a follow-up to our phone conversation yesterday concerning the referenced matter. As I indicated, Hasbro is expecting to request the city to consider the vacation of a portion of Morton Lane so that a wetland can be restored in the vacated portion. The restored wetland would then be available to remove contamination in the ground water traveling toward Lake Minnetonka. Hasbro has scheduled a presentation of its plan for April 24. I believe that City Council members will be included in the list ofinvitees. In conversation yesterday with Monica Conyngham, an attorney for Hasbro, Ms Conyngham inquired concerning the possibility that the council would consider, at its April 25 meeting, a request from Has'oro to imtiate the vacation process. Ms Conyngnam will be contacting Sutherland to make sure the request is timely and in proper form. The council is not being asked to approve or disapprove of the vacation request at the April 25 meeting. Rather it is being asked to initiate the process. If it elects to do so, then the request would be scheduled for public hearing, notices would be given as required by law, the Planning Commission would consider and make recommendations to the Council. Hopefully, information gained at the April 24 presentation will be of some assistance to the Council in making that preliminary decision. The approach that Hasbro is requesting is one of the two options available under the law to commence the street vacation process. The other approach, which is more cornrnonly used, is by submission of a petition signed by a majority of the property owners. Ms Conyngham has informed me that property abutting the east one-half of the portion of Morton Lane covered by the request is currently subject to a purchase agreement, and that, it would probably be difficult to get a signature pending the completion of the sale. Those individuals will certainly be 'notified of any pending Fran Clark April 14, 2000 Page 2 of 2 vacation, and will have a full oppommity to participate in the proceedings should the Council elect to commence the vacation process. The primary difference between the two options is that the final vote by the Council to vacate under the option proposed by Hasbro requires a 4/5ths affirmative vote. It is my opinion that it would be appropriate for the Council to consider the request at the April 25 meeting, assuming it is made in a timely and complete manner. It will be entirely in the Council's discretion to determine whether to initiate the process based on the request, or direct Hasbro to proceed by petition. Please let me know if I can supply you with further intbrmation at this point. I expect that you wil! be receiving a letter on this topic fi:om Hasbro in the next day or so. Respectfully yours, JBD:gak April 4, 2000 Frances Clark '" Administration Office CitY53410fMa.vwoedMound Road Mound, MN $5364 ', O-Or p " Dear Ms. Clark: I would like to take this opportunity to thank you and your staff for the time you afforded me on March 30m to discuss the various issues regarding a remedial project in Mound, MN. During the meeting, it was suggested that several of the City of Mound Departments might be interested in attending an educational workshop focusing on bio-remediation and the use of constructed wetlands to treat contaminants. Hasbro and Bmr Eng/neering has been developing a presentation tbr use with various stakeholders involved with this project such as the Minnehaha Creek Watershed District and the City of Mound to name a couple. We discussed April 24~' as a possible date to make this presentation during a r~ular workshop meeting of the Planning Commission at 7:30PM. I have discussed confirming this date with Loren Gordon. and with Bart Engineering and it appears that this will be a good date and opportunity to present an educational workshop which will last about one hour to one and one-half hours in len~h. 1 would like to request that Hasbro be placed on the formal agenda for this workshop meeting on April 24t~, and would like you to feel free to in~ite other City of Mound Departments to anend such as the Parks Commission, Docks Commission. etc. I have included outline slides for the Power-Point presentation. At this time the slides are very preliminary and some may be deleted and it is likely that several will be added. The first title slide will be changed since this presentation will be utilized for presentation to several groups, not just the Watershed District. The focus of the educational presentation is to explain the technology, of constructed wetlands and bio- remediation as an effective, perpetual treatment for a contaminant. Although the tbrmer Tonka site in Mound, MN will be used as a case to illustrate the concept, the presentation is not meant to be a permit application nor to assume that all permits and approvals have been obtained at this time. Formal application procedures will be followed after input has been obtained from a wide range of stakeholders and while a preliminary draft final design is being completed for the site. I think the presentation will be informative and useful to all in anendance. The slide show will be presented jointly by myself and Barr Engineering. Hasbro and Barr will make arrangements for any audio-video equipment needed for the presentation. Thank you, once again for you time and consideration. Please let me know when the meeting is formally confirmed. I can be reached at 401-727-5621. Respectfully, . /, Kevin P. England" Director, Corporate Environmental Remediation Cc; Loren Gordon; Hoisin~on Koegler Group, lnc (with enclosures) Don Richard; Bmr Engineering HASBRO, INC, t027NE',",zPO~T,~VENUE ~O, 50X ~059 ~zV.'TUCKEQRi 02862-G59:U~3 F;~,C'._-- 4,3!t725-TOYS(8697) Draw an overhead view of your playground site. Show the dimensions of the site, in feet, and document the immediate surrounding area including trees, buildings, parking lots, etc. Please include four standard-sized, color photographs of your potential site (from four different vantage points) and a map to show the different vantage points. How is the site of your future playground currently used? What groups of people use it? What has the future site of your playground been in the past? (a gas station, a parking lot, has always been a field, etc.) Thank you for the time and thought you put into these questions. Please mail your Completed KABOOM! Getting Started Kit to: KABOOM! Attn: C=el-ting Started Kit 200 5. Wacker Drive, Suite #1501 Chicago, :EL 60606-5829 For more information on KABOOM!, please visit our web site at www. kaboom, org. S:\Public\KaBOOt'1!\Getting Staffed Kit 3uly :[999.doc Page lO of lO / Wetland Construction/Restoration For Groundwater Remediation at the Former Tonka Mound Facility Workshop Presentation for the Minnehaha Creek Watershed District January2000 Presentation Outline · Tonka Facility Background · Chemicals of Concern · North Plume Characteristics · Minnesota Pollution Control Agency's (MPCA's) Position · Remedial Alternative Evaluation · Preferred Alternative · Proposed Project Direction/Schedule I BARR ~... Tonka Facility Background Aerial view of facilit7 and surrounding area (Mound/Spring Park, MN) Tonka Facility Background Facility histou' - Built in phases - Operated from 1954 - 1982 manufacturing metal and plastic toys ., - Closed in 198o. Equipment moved to E1 Paso, Texas 2 Tonka Facility Background Facility history (continued) - Tonka sold facility to Balboa in 1984 - Hasbro acquired Tonka in 1991 - Facility currently occupied by several tenants - Shallow groundwater flow characterized by a divide running beneath the building - North plume identified in 1998 by Geoprobe investigation / I Chemicals of Concern ~lVolatile Org~i~c / Compounds · Trichlorethylene (TCE) [ ~(VOC's)~ used to clean machinery and ~ ~ remove oil from metal ~ ~ ~ ~ stamped parts prior to painting ~ ~~ · TCE and degradation products: ~ ~ dichloroethylene (DCE) and ~ ~ vinyl chloride (VC) are all volatile organic compounds (VOC's) · TCE. DCE, and VC may be toxic to humans but are not toxic to wetland plants Molecular Structure of VOCs C: C; H H \ / / \ Ci CI ;",3 ;. Fate and Transport of Chemicals in Groundwater Physical/chemical interactions - Volatile (move from water into air easily) - Slightly soluble in water - Sorbs to organic materials in the subsurface Biological reactions - Anaerobic environments - without oxygen - Aerobic environments - with oxygen / 4 r- Anaerobic Metabolism Aerobic Methane Metabolism Melnane (lrom a, naeroO~c zone) p[ov~es ca~n source Mett~ane Monoo~[ygenase Cometabolism of VOCs Solvents mac~ w~h o~y~Jen and me{/~ane monoox'f~jenase (MMO) · Methane DC''--'~TCE *1 Oxygen I ~ Mortooxy~jertase> v_~c North Plume Characteristics · Concentration: 1 ggFL is equivalent to one part per billion North Plume Characteristics · Wells near the building indicate primarily TCE present with low concentrations of DCE and VC · Well #103 near the building shows total VOC concentration has declined bv an order of magnitude (-3,000 mg/L to -300 mg/L) between 198.3 and 1999 · Degradation of TCE to DCE and VC is evident as groundwater and VOCs move toward HpvJ-rison Bay North Plume Characteristics / North plume is "captured" by the channel to Harrison Bay North Plume Characteristics BARR Groundwater elevation data: - Shallow groundwater discharges to the channel to Harrison Bay during the period from late fall to spring - Groundwater flow reverses in summer due to trees and other vegetation west of channel. Channel was dredged from wetlands in early 1900s and remains designated as a city street (Morton Avenue) 7 ,'7he weltancl was dreege'"J to create the channel before 1913, wnic~ is when R[ock 10 (shownl of the Abraham Lincoln AQcii[ion to Lakes~Qe Park was p~atted. Minnesota Pollution Control Agency's Position · Site Remedintion Section - Supportive of bioremediation for similar sites · Environmental Outcomes Division Remediation is warranted i~ecause shallow groundwater discharging to the channel may exceed surface water quality criteria for protection of human health based on · Incidental mgesuon ~swimmmg) - Consumpnonof fish Remedial Alternatives Alternatives considered and rejected - Air sparging with soil vapor extraction - Groundwater cut-off barrier Alternatives evaluated - No action - Constructed or restored wetland - Oxygen releasing compound (ORC) groundwater treatment barrier - Zero-valence iron wall groundwater treatment barrier - Groundwater extraction and treatment · west shore of channel to Hamson Bay · South of Lynwood Boulevard Remedial Alternatives 1 10 F' Preferred Alternative: Constructed or Restored Wetland · Rationale Constructed or restored wetland expedites and enhances biolo~cal dechlorination processes already occurring to treat chlorinated solvents before they enter surface water Anaerobic environment decades TCE rapidly, but degrades DCE and VC slowly Aerobic environment degrades TCE slowly, but decades DCE and VC rapidly Mixed anaerobic/aerobic environment optimal for transformation of TCE and degradation by-products Highly organic sediments of wetland support anaerobic niches Oxygen supplied to subsurface by wetland vegetation sustains aerobic niches Preferred Alternative: Constructed or Restored Wetland Implementability: A constructed or restored wetland is a good technical fit for the north plume because: - Existing channel was historically a wetland and may naturally return to wetland without intervention - Potential surface water impact is the only risk to human health - Significant attenuation and degradation is already occurring - Groundwater movement to channel is slow 11 ;'ii Preferred Alternative: Constructed or ..~ Restored Wetland Advantages - Restores land parcel to early 1900s natural state (wetland) - Visually and functionally consistent with lakeshore and water quality protection - Utilizes presently occurring natural biodegradation - Environment and processes are highly adaptable - Will provide long-term treatment---doesn't get "shut off" - Not subject to mechanical/equipment disruptions - No ORC injection into groundwater - No sewer discharge =-,, Preferred Alternative: Constructed or ,;. Restored Wetlands -- -~~. ~. ~.'.~;. ':. · ~,, -,~. . .. -, , ~,. =,, ~: BARP 12 I" Preferred Alternative: Constructed or Restored Wetland I Preferred Alternative: Constructed or Restored Wetland Prelimina.o'/final design issues - Maintain channel "capture zone" · Fill specifications and placement Refine models for groundwater flow and chemical fate Incorporate surface water flows from existing storm sewers and surrounding property Develop monitoring plans · Existing · Performance · Compliance / 13 Discussions with Regulatory and Government Bodies · September 15, 1999: Meeting with City of Mound · October 20, 1999: Meeting with Minnesota Pollution Control Agency · October 20, 1999: Meeting with Department of Natural Resources · November 17, 1999: Meeting with Minnehaha Creek Watershed District staff MPCA Issues (identified in letter from Nile R. Fellows) Need approval from other agencies Stormwater management - Existing stormwater discharge - Horizontal rate of water movement - Run-on from surrounding properties - Trees can aid groundwater control / 14 MPCA Issues (continued) · Winter operation - slower breakdown · Balance with greater sorption capacity to increase retention time · Compliance monitoring · Performance evaluation r- -'" DNR Issues · Access to water (water rights to abutters) · Water body classification (permit to convert open water to wetlands) · Site size (less than one acre) allows issuance of general permit by Department of Natural Resources for the U.S. Army Corps of Engineers 15 City of Mound Issues · Vacate the street or allow wetland construction · Eventual contribution to the city as a park · Perpetual maintenance of trees, branches, and lawn, as well as mowing and rubbish removal. Schedule/Timeline · Minnesota Pollution Control Agency approval - Verbal approval November 27, 1999 - Written approval December 7, 1999 - Will need to address some details during design · Design - Anticipated in spring of 2000 · Secure permits and approvals - Anticipated in summer of 2000 · Construction - Anticipated in fall of 2000 · Performance testing in 2001 16 CITY OF MOUND CITY COUNCIL PLANNING COMMISSION PARK & OPEN SPACE COMMISSION DOCK AND COMMONS COMMISSION SPECIAL MEETING NOTICE Notice is hereby given that there will be a Special Joint Meeting of the City Council, Planning Commission, Park & Open Space Commission and Docks & Commons Commission on Monday, April 24, 2000, at 7:30 P.M. in the City Council Chambers at 5341 Maywood Road, in said City. This Special Meeting is an educational workshop focusing on bio-remediation and the use of constructed wetlands to treat contaminants. The workshop is being presented by Barr Engineering and Hasbro, Inc. regarding a project on unimproved Morton Lane in Mound. The public is invited. Francene C. Clark, CMC City Clerk PUBLISH IN THE LAKER - APRIL 21, 2000 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 April 13, 2000 To: Fran Clark Kandis Hanson FROM: Joyce Nelson Recycling Coordinator SUBJECT: Brush/leaves. In talking with our local garbage haulers 2 of the 3 licensed haulers do pick-up leaves for their customers. I have checked around and if the City chooses to accept leaves this Spring we can dispose of them at SKB Environmental in Shakopee. The charge would be around $6.50 per yard. I would suggest we collect them after the May 6th Clean-up Day for a couple of week-ends. Ne could also collect brush at the same time. I also received a call from SMC (Southern Minnesota Construction Co.) this is the company that is trying to open a compost site in Minnetrista. Their permit will be OK'ed by the Minnehaha Creek Watershed the end of April. This has been the hold up. /he City of Minnetrista has backed off on the issue of MNDOT and Hwy. 7. They are hoping to open this site by the end of May or mid 3une, but that is what they were hoping for last year also. printed on recycled paper 415.10 GOVER.NING BODIES 494 amount not to exceed $25 per day nor 5250 per year for members of such governing body who are absent from the municipality in the performance of their duty as municipal officials. History: 1957c246s 1: 1963c 158s I; 1973c57s 1; 1973c123artSs 7; 1988c 719 art 5 s 84; 1989 c 329 art 13 s 20 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision I. Set by ordinance. Notwithstanding the provisions of any general or spe- cial law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary, shall take effect until after the next succeeding municipal election. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34 415.15 RESIGNhNG MEMBER CANNOT VOTE FOR SUCCESSOR. No resigning member of a city council shall participate in a vote of the council to choose a person to replace the resigning member. History: 1974 c 36 s 1 415.16 EMPLOYMENT; RESIDENCE REQUIREMENT. Subdivision 1. No exception for on-premises residence. Notwithstanding any con- trary provision of other law. home rule charter, ordinance or resolution, no statutory or home rule charter city or county shall require that a person be a resident of the city or county as a condition of employment by the city or county except for positions which by their duties re- quire the employee to live on the premises of the person's place of employment. Subd. 2. Reasonable area or response time requirement. A statutory or home rule charter city or county, except if it is located in the area defined in section 473F,02, subdivi- sion 2, may impose a reasonable area or response time residency requirement if there is a demonstrated, job-related necessity. Subd. 3. Volunteer or nonprofit firefighters. A statuto~' or home rule charter ciD' or county may impose a reasonable residency requirement on persons employed as volunteers or as members of a nonprofit firefighting corporation if there is a demonstrated, job-related necessity. The residency requirement must be related to response time and established with- out regard to political subdivision boundaries. History: 1981 c 181 s 1:1984 c 585 s 1; 1985 c 197s i 415.17 BUSINESSES THAT VIOLATE ORDLNANCES. The governing body of a home rule charter or statutory city may order that a place of business be closed if it determines that the business conducted at that place was in violation of a city zoning or licensing ordinance at the time the business was established at that location. The city must have in place a proper notification procedure and have followed the procedure prior to requesting the enforcement of this section. History: 1996 c 430 s 1 NOTE: This section, as added by Laws 1996. chapter 430. section 1. is effective August 1, 1996, and applies to a business established or licensed on or after that da~e. Law ~ } 996, chapter 430, section 2. 416.01 Memorials for ~ 416.02 Tax levy. 416.05 War and historic: 416.06 Construction. 416.01 MEMORLA The governing I- of a majority of the x' the purpose, or at a g to do so has been su[~ erection, equipment. the services perform, The ordinance may ~ ment or parks after it such monument or p: voted upon: providec cent in excess of the such approval, is aut. parks or building ma nated and the cost tl~ Histo~': (1935- 416.02 TAX LEVY For the purpose city may levy, within building or monume: when collected, shall paying for the cost o Histo~,: (1933- 416.03 [Repealed, ! 416.04 [Repealed. i 416.05 WAR AND The governing ? cal museum, and for History: (1933- 416.06 CONSTRU Insofar as sectic as amendatoD, of and lng, monument, or p: History: (1933- 416.07 SEWER P BUILDINGS. Each city of the tain in the public stre restrooms, and other Each such city i_ No such city s? construction or main: C~^~TE~ 6 Minn. Stat. § 415.11. Minn. Stat. § 415.10. Minn. Stat. § 211B.IO, sulxt. 2. In many cities, it is routine for the council to automatically approve a committee's recommendations if the committee has done a thorough and competent job. The council's final decision, however, and not the committee's recommendation, binds the city. To illustrate. committees may not enter into a contract or employ workers even if a specific motion of the council delegates such power to them. Salaries of mayor and councilmembers The city council in Second. Third and Fourth Class cities fixes the salaries of the mayor and councilmembers by ordinance, in such amount as the council deems "reasonable." No change in salary, shall take effect until after the next succeeding regular city election. Salaries may be on an annual or monthly lump sum or on a per diem basis. The per diem may be payable for each regular meeting, for each regular and special meeting, or for each day's service. Unless the ordinance provides otherwise, a lump sum salary covers special meetings. Iron Range cities have special legislative authority to make per diem payments to councilmembers up to 525 per day, not to exceed $250 per year, for absences from the city while on official city business. An employer must allow a city councilmember to take time off from regular employment to attend council meetings. The time off may be without pay, with pay, or made up with other hours as agreed between the employee and the employer. When the councilmember takes time off without pay, the employer must make an effort to allow the employee to make up the time with other hours when the employee is available. No retaliatory action may be taken by the employer for absences to attend meetings necessitated by reason of the employee's public office. Citizen involvement One way to increase positive feelings about government is to promote citizen involvement. Citywide or neighborhood committees, special project review committees, and even block organizations are some of the committees cropping up in many cities. In many cases, the council has formed or encouraged these citizen committees. They have saved time for public officials and have made contributions that could only occur through citizen participation. 133 CHAPTER Minn. Stat. § 4.71.9981. subd. 6¢). Minn. Stat. § 471.9981. subd. 6¢). Minn. Stat. § 415.11. A.G. Op. 471k (July 1. 1976). A.G. Op. 471k (May I0, 1976). Minn. Stat. § 412.111. Minn. Stat. § 412.151, subd. 1. A.G. Op. 470-B (Feb. 5, 1952). If a subdivision fails to submit a report, the commissioner will find the subdivision not in compliance and will impose penalties, including notifying the commissioner of revenue that the subdivision is subject to a five percent reduction in local government aid or to a fine of $100 a day, whichever is greater. The commissioner can suspend the penalty if the non-compliance is due to factors not relating to the sex of the members dominating the affected classes. The subdivision must also be taking steps to achieve compliance. Mayor and councilmember The councils of statutory, and charter cities follow the same law in setting council and mayor salaries. The city does not need to follow contrary charter provisions. The council sets its salaries at whatever amounts it deems reasonable, subject only to the limit that a change in salary does not become effective until after the next regular city election. The law does not provide for a referendum. Until a change takes effect, salaries remain at current levels. The salary authorization in the law allows the council, by ordinance, to fix its compensation for all duties. If the council feels that there should be additional compensation over and above the base salary, for special meetings, the ordinance should set these amounts. Councils should make salary changes by ordinance, but a council could adopt a motion with formalities substantially equivalent to those for enactment of ordinances. The legal effect would be that of amending a prior salary ordinance. Clerk The council of a statutory city may set any salary for the clerk at any time. The salary should compensate the clerk for all duties except making certified copies, filing and entering papers not related to city business. For these duties, the statutes set fees, but the council may require the clerk to turn these fees over to the city. The clerk in Standard Plan cities usually receives a higher salary than the councilmembers because of the position's administrative duties, unless the city delegates these duties to a deputy. 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