82-02-02MOUND CITY COUNCIL
February 2, 1982
City Hall
7:30 P.M.
CITY OF MOUND
Mound, Minnesota
AGENDA
1. Minutes of January 26, 1982
2. Precilla Anderson Storm Sewer Easement.
3. Tax Forfeited Lands, endorsement of HF 1609.
4. Minnegasco up-date. (staff verbal report)
5. Continental Phone Rate situation
6. Letter from Hennepin County of CSAH 125
7. Comments & Suggestions from Citizen's present
(please limit to 3 minutes)
8. Letter from Hennepin County regarding Signals at 15 & 110
9. Notification of State Aids deferred (information)
10. Information Items.
11.
Pg. 253-257
Pg. 258-259
Pg. 260-262
Pg. 263-264
Pg. 265
Pg. 266
Pg. 267-269
Pg. 270
a)
b)
c)
d)
Payment of
1982 CDBG Program - any ideas ?
LMCD minutes & agenda
Miscellaneous items
bills. (to be handed out)
Memo on heating, air conditioning, gas and refrigeration permits Pg. 271-276
Pg. 277-2M0
Pg. 281-284
Pg. 285-296
18
January 26, 1982
REGULAR MEETING
OF THE
CITY COUNCIL
Pursuant 'to due call and notice thereof a regular meeting of the City Council of
the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in
said City on January 26, 1982, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Pol-
ston and Donald Ulrick. Councilmember Gordon Swenson was absent and excused.
Also present were City Manager, Jon Elam; Police Chief, Bruce Wold; Building
Official, Jan Bertrand; Sewer and Water Director, Greg Skinner, and Acting City
Clerk Marjorie Stutsman. Also present were Dick Bienapfl and associate Linda
Schroeder representing Dunkley Investments; Zack Johnson of Zack Johnson & Asso-
ciates; Earl Bailey of R. L. Youngdahl & Associates, Inc.; George Boyer of
E.A. Hickok and Associates, Inc. and many interested citizens.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The minutes of the meeting of January 12, 1982 were presented for consideration.
Polston moved and Charon seconded a motion to approve the minutes of the Janu-
ary 12, 19R2 Regular Council Meeting as submitted. The vote was unanimously in
favor. Motion carried.
PUBLIC HEARINGS
REZONING APPLICATION FOR 2900 HIGHLAND BOULEVARD FROM R1 TO R4
The City Manager explained that this proposal is on referral from the Planning
Commission where the proposal was approved. Requirement of the Council is to
hold a public hearing; purpose of the hearing is to discuss the rezoning of the
property and its merits, not the specific individual activities that might take
place if the rezoning was approved; this will be required through a conditional
use permit for which a public hearing will have to be held and all input and
specifics around any proposal for that site other than the rezoning will be
dealt with at that time.
The Developer was given the opportunity to make his presentation on the pro-
posed rezoning request and explain his ideas on the site. Dick Bienapfl intro-
duced himself, his associate Linda Schroeder and Zack Johnson, the architect
selected for the project. Bienapfl gave a brief history of property; Dunkley
Investments acquired property in January 1981 with the intent to operate a day
care center for 5 to 7 years with intent to redevelop after that time. The
size of parcel is unusual from what you find many places around the lake and
not full of cabins or houses; the value is such that it does not make sense
as a business use. Because the Day Care Center has not achieved enrollment
they had anticipated, the owner is looking at alternative uses of site.
Think that this concept for condominiums would be a viable use of land. The
City' Comprehensive Plan recognizes a need for mixed housing; today only 2%
of Mound is zoned multi-family. Their market would be going to young pro-
fessionals and empty nesters and made to sell to middle income range.. They have
tried to determine' market values in neighborhood and Bienapfl handed out
copies to the Council of tax assessorls valuations and home sales in area.
19
January 26, 1982
New units would be designed to sell for in the $135,000 range and not to exceed
$150,OOO. Feel this would fit into the neighborhood's values that they found.
Have looked into possible real estate taxes and estimate that 5 Single family
homes would bring $20-$25,000 in taxes; 24 units on same amount of land would
bring approximately $53,000 (on average unit cost of $130,O00). Project would
probably result in higher sewer treatment costs, but no more water, sewer or
storm sewer services needed. Should bring more taxes without more children for
the schools. The added people should bring more business to town.
Zack Johnson talked of the concerns they had in putting this concept together;
looked at 30 units, felt too many for site; feels 24 seem to fit, taking advan-
tage of the slope by stepping units down; work with topography; provide through
garages and berm presenting soft side to street; size and cost range very tight.
Traffic flow would be something less than 1/2 of what school would have if opera-
ting at full capacity.
Mayor opened the public hearing for input on rezoning request for 2900 Highland
Boulevard and persons present were afforded an opportunity to express their views.
Mike Bedell, 2976 Highland Boulevard, presented a petition with 52 signatures
against the rezoning. They want to keep the area zoned R-1 and feel it will de-
crease property values and increase traffic flow and be detrimental to the area.
The following persons also had comments and questions:
Diane Arneson, 3036 Highland Boulevard
Jeannette Gellman, 3050 Highland Boulevard
Pam Swihart, 2896 Highland Boulevard
Gloria Werner, 2880 Highland Boulevard
John Thoresen, Jr., 5845 Fairfield Road
Jim Werner, 2880 Highland Boulevard
Jan Wold, Woodcrest resident
George Kinzer, 2848 Highland
Ernie Swihart, 2896 Highland
Nancy Kinzer, 2848 Highland
Bruce Robinson, 2872 Highland
Harlan Dugstad, 5881 Fairfield
Leslie Jensen, 2909 Meadow Lane
Janet Phillips, 3021 Highland
Don Abel, 3026 Highland
A1Uner, 3000 Highland
Margaret Thomford, 6041 Ridgewood Road
All citizens present for the hearing were against the rezoning.
The Mayor then closed the public hearing. Councilmember Ulrick noted that the
City Attorney had advised rezoning should reflect a major change in area or an
error in original zoning.
Polston moved and Charon seconded the following resolution:
RESOLUTION 82-26 RESOLUTION TO DENY THE REZONING REQUEST FOR PROPERTY
AT 2900 HIGHLAND BOULEVARD FROM R-1 TO R-4
The vote was unanimously in favor of the denial. Councilmember Polston gave
2O
January 26, 1982
the following reasons for denying: Doesn't meet criteria for rez0ning; I
construe as spot zoning and could eventually lead to uncontrolled zoning of
City as a whole - have responsibility to preserve residential areas. Council-
member Ulrick said that neighborhood has clear history of resisting density
through purchasing of lands to be used for open space; they support the new
zoning ordinance; the Council's historic concern for many years has been that
this site be overdeveloped.
Councilmember Ulrick asked that record show that Council has viewed the use
of this land and existing zoning. The school is a permitted use in the single
family zoning.
DELINQUENT UTILITY BILLS
Mayor Lindlan opened the public hearing and asked for any comments or objections
from the public on the delinquent utility bills. Hearing none, the Mayor closed
the public hearing.
Polston moved and Charon seconded the following resolution:
RESOLUTION 82-27
RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN
THE AMOUNT OF $1,570.77 AND AUTHORIZING THE SHUTOFF
OF WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
MAINTENANCE PERMITS ON WAURIKA COMMONS
Polston moved and Charon seconded the-~ollowing resolution:
RESOLUTION 82-28 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
GRANT THE ISSUANCE OF MAINTENANCE PERMITS FOR STAIRWAYS
ON WAURIKA COMMONS ADJACENT TO ]543 AND 1545 BLUEBIRD
LANE
The vote was unanimously in favor. Motion carried.
1982 INSURANCE QUOTATION
City Manager explained that last November he asked Earl Bailey of R.L. Youngdahl
& Assoc., Inc. (present carrier) to review insurance coverages and together they
developed a set of specifications and then the City advertised for quotations
for coverage of all City insurance business. Proposals received from the Home
Insurance Company and the League of Minnesota Cities Insurance Trust. The Home
Insurance Company package is the lower.
Ulrick moved and lPolston seconded the following resolution:
RESOLUTION 82-29
RESOLUTION APPROVING THE ACCEPTANCE OF THE QUOTATION
OF R.L. YOUNGDAHL & ASSOC., INC. FOR INSURANCE COVERAGE
THROUGH THE HOME INSURANCE COMPANY
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
21
January 26, 1982
The Mayor asked for any comments or suggestlons ~rom the c~t~zens present.
One citizen mentioned that a way to 9et out of the City's financial problems
might be to set up a lottery. There were no other comments or questions.
WATER REPORT/WELL
City Manager explained that George Boyer of Hickok and Associates and also
Greg Skinner, Water and Sewer Director, were present to answer any questions
the Council might have. They would llke a date set for the bid opening for
test holes for well in Island Park.
Charon moved and Ulrick seconded the following resolution:
RESOLUTION 82-30 RESOLUTION AUTHORIZING ADVERTISING FOR BIDS FOR TEST
HOLES - BIDS TO BE OPENED AT 10:OO A.M. ON FEBRUARY 23,
1982
The vote was unanimously in favor. Motion carried.
PERMITS - GAMBLING AND ENTERTAINMENT PERMIT RENEWALS
Ulrick moved and Charon seconded the following resolution:
RESOLUTION 82-31 RESOLUTION APPROVING THE RENEWAL OF THE GAMBLING PERMIT
FOR THE AMERICAN LEGION POST # 398 FOR THE PERIOD FROM
FEBRUARY 1, 1982 THROUGH JANUARY 31, 1983
The vote was unanimously in favor.
Ulrick moved and Charon seconded the following resolution:
RESOLUTION 82-32 RESOLUTION APPROVING THE RENEWAL OF THE ENTERTAINMENT
PERMIT FOR RAGER'S PUB FOR THE PERIOD FROM JANUARY 14,
1982 THROUGH JANUARY 14, 19R3
The vote was unanimously in favor. Motion carried.
BOARD OF REVIEW DATE
Ulrick moved and Polston seconded a motion to approve the date fo[ the Board
of Review set by the County Assessor.- Tuesday, June I, 1982 at 7:30 P.M.
The vote was unanimously, in favor. Motion carried.
APPOINTMENT OF FINANCE DIRECTOR-TREASURER AND DEPUTY TREASURER
Ulrick moved and Charon seconded the following resolution:
RESOLUTION 82-33
RESOLUTION APPOINTING SHARON LEGG AS FINANCE DIRECTOR-
TREASURER AND JUDY FISHER AS DEPUTY TREASURER
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Ulrick moved and Polston seconded a motion to approve the payment of the bills
as presented on the pre-list in the amount of ~449,617.77, when funds are avail-
able. Roll call vote was unanimously in favor. Motion carried.
22
January 26, 1982
RESPONSE TO CITY OF 0RON0 COMPREHENSIVE PLAN
Discussed matter brlef]y; City Manager to draft resolution of comments.
TREE REBATES
The Tree inspector has submitted a list of people entitled to diseased tree
rebates..
Polston moved and Charon seconded a motion to approve the payment of tree re-
bates as submitted on the Tree Rebate List # 24 in the amount of $1,466.OO.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
The City Manager reported on the following items and they were discussed
briefly:
a) 1982 AMM. Legislative Policy Addendum
b) Lake Minnetonka Area's Mayor's Meeting
c) 1982 Planning Program in City of Mound
d) Police Communication Meeting
e) Engineering Agreement
f) Cable T.V. Report
h) Letter from Paul Pond
i) Picture frame donated by Diane Arneson
Councilmember Charon asked if some type of preventive maintenance could be
worked out on streets/wells and other items that often need large capital.
Ulrick moved a motion seconded by Polston to ask City Manager to send a letter
of compliment to the Police Chief and every member of the Department recognizing
the quality of their work being first rate. The vote was unanimously in favor.
Motion carried,
Charon moved a motion seconded by Ulrick that the City Manager send a letter
of appreciation from the Council to Diane Arneson for the picture frame she
donated. The vote was unanimously in favor. Motion carried.
ADJOURNMENT
Polston moved and Ulrlck seconded a motion to adjourn the meeting at 10:15 P.M.
The vote was unanimously in favor. Motion carried.
City Manager
Acting City Clerk
A.ThOma$ WURST
GERALD T. CARroLL
I HOMAS F. UNDERWOOD
ALBErt FAULCONER ~T
JAMES D. LArSON
LAW OFFICES
WURST, CARROLL & PEARSON
MINNEAPOLIS, MINNESOTA S5402
January 21, 1982
TELEPHONE
(612) 338'8911
Mr. Jon Elam
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
Re: Priscilla Anderson Storm Sewer Easement
Dear Jon:
We recommend that the Council adopt the enclosed resolution.
The easement is necessary to resolve an existing dispute over
the location of a storm sewer drain pipe.
JDL:ms
Very truly yours,
James D. Larson
Enclosure
RESOLUTION NO.
RESOLUTION AUTHORIZING CONDEMNATION OF AN EASEPfENT
ON LOT 59, AUDITOR'S SUBDIVISION 168 WITH NO
ASSESSI'~T
u~, LOW LAND FOR STORM DRAINAGE
WHEREAS, the Council by Resolution No. 80-47A did direct the
City Engineer to obtain an easement On Lot 59, Auditor's Subdivision
168 with no assessment on low land for storm drainage, and
WHEREAS, Mrs. Priscilla Anderson, owner, previously indicated
a willingness to sign the easement, bun now has indicated that she
will not sign an easement, and
WHEREAS, it is necessary, proper and expedient, and in the
interest of the public health, convenience and general welfare of the
citizens of the City of Mound to acquire an easement for storm drain-
age over the lands described hereinafter.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MOUND, MINNESOTA:
That the City Attorney is hereby directed to commence a con-
demnation proceeding to acquire an easement on Lot 59, Auditor's
Subdivision 168, with no assessment on low land for storm drainage
over the following described parcel:
Easement description:
A 20 foot permanent easement for Storm Sewer purposes over,
across and under the following described property:
Lot 59 Auditor's Subdivision No. 168 according to the recorded
plat thereof, Hennepin County, Minnesota.
Said permanent easement being 10.00 feet on each side of the
following described line:
Beginning at a point on the east line of said Lot 59 a distance
of 114.2 feet south of the northeast corner of said Lot 59;
thence westerly deflecting 90 degrees from said east line a
distance of 45.00 feet and said line there terminating.
Attest:
Mayor
City Clerk
A. THOMA.S WURST
GERALD T. CARROLL
I'HONAs F. UNDERWOOD
ALBERT FAULCONER
LAW OFFICES
WURST, CARROLL & PEARSON
MINNEAPOLIS, MINNESOTA 5540:=`
January 20, 1982
TELEPHONE
(612) 338-8911
Mr. Jon Elam
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
Re: Tax Forfeited Land
Dear Jon:
I believe you are aware that the City of Mound ran into a problem
last summer because of certain rules adopted by the County Board
relating to the sale or transfer of tax forfeited lands. At that
time at your request, I.worked with the finance people from the
County and Representatives Jude and Schreiber concerning getting
a modification in State statutes to solve our problems.
Jon, this particular policy is to assist the City of Mound in its
long standing policy of using the tax forfeited land sale as a
method of bring lands into conformance with city codes. I am
enclosing herewith a copy of House File 1609 which was introduced
on January 18. I have talked to Representative Schreiber and he
will be getting a Senate author for the bill. He and Representative
Jude are the two principal authors.
This bill and our discussions on January 12 might lead to a dis-
cussion some evening with the council concerning what it wishes to
do with these tax forfeited lands. I recognize your problem in
handling all these things and it certainly is getting to be a
problem for the city and eventually it will have some effect on
your funds for the payment of improvement bonds. If you have any
questions or comments, please contact me.
CAP:ms
City Attorney
Enclosure
IREV]SOR ] 3CR/RK 82-3011
Introduced by Schreiber, Jude, Jacobs,
Vanasek, Valento
January 18th, 1982
Ref. to Com. on Governmental Ope.rations
Reproduced by PHILLIPS I,EGISLAiiV[ SERVICE, INC.
H.f. No. 1609
Companion S.'F. No.
Re£. to S. Com. on
7
8
9
10
Il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 A bill for an act
relating to tax-forfeited lands; providing all
alternate sale procedure under certain conditions;
amending Minnesota Statutes 198C, Section 282.01, by
adding a subdivision.
BE IT ENACTED BY TIlE I,FGI~:LATURE OF THE STATE OF MINNESOTA:
Section 1 N2;mcz;otn Statutes ~°80 Section 2~2.01, is
amended ~y adding a subdivision to read:
Subd. 7a. [ALTERI.!ATE SALE PROCEDURE. ] Land located in a
home rule charter or ~tatutcry city, or in a town described in
section 368.01, subdivision 1, which cannot be improved because
of noncompliance with local ordinances regarding minimum ares,
shape, frontage, or access may be sold by the county auditor
pursuant to this zubdivision if the auditor determines that a
nonpublic sale will encourage tile approval of sale'tar :th~e'ilend
by the city or town and promote its return to the tax rolls. The
sale of land pur-~uant to this subdivision shall be subJe,ct to
any conditions im~,osed by the county board pursuant to section
282.03. The governing body of the city or town may recommend to
the county board conditions to be imposed on the sale. The:
county auditor may restrict the sale to owners of lands ' :H
adjoining the land to be sold. He sha!l conduct the sale.by
sealed bid or may select another means of sale. The land shall
be sold to thru hi.oheat bidder but in no event shall the land be
IKEVISOR ] JCR/RK 82-301!
4
5
6
7
8
9
sold for less than its appraised value. Ail owners of lands
adjoining the land to be sold shall be given a written not~ce at
least 30 days prior to the sale.
This subdivision sall be liberally construed to encourage
the sale and utilization of tax-forfeited land, to eliminate
nuisances and dangerous conditions, and to increase compliance
with land use ordinances.
Sec. 2, [EFFECTIVE DATE.]
Section 1 is effective the day after final enactment.
George C. Mastor, General Counsel
James B. Proman. Attorney
PatrJcia Ann Burke. Attorney
Slinnesota Gas Company
January 25, 1982
Mr. Jon Elam
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota
55364
Mound Franchise
Dear Mr. Elam:
Your most recent franchise redraft enclosed with your
January 13 letter (addressed to a Mr. Brown) presents three
problems. One of the three is a threshold issue which must be
resolved before we can even consider the other two.
The two which we can worry about later are: (1) Minnegasco
cannot agree to the open-ended expense reimbursement provision
contained in your Section 7; and (2) some language modifications
will be necessary in Section 3, particularly in Section 3.2.
But before we can even talk about negotiating a franchise,
one issue must be faced. Our Uniform Franchise contains a 25-
year term; your first redraft granted a franchise to January 1,
2002; our redraft contained a 20-year term; all of a sudden, your
latest redraft is a one-year franchise.
Minnegasco cannot and will not agree to a franchise
containing a grant of less than 20 years. I have no idea why you
altered the terms so dramatically, but it is totally
unacceptable. Our system operations require long-term
commitments from the communities we serve. We cannot perform our
utility service and extend additional services without such
commitments.
Minnegasco frequently enters into long-term borrowing
commitments, representing to lenders that it has 20-25 year
franchises in communities served. Under written trust
indentures, Minnegasco is required to maintain and renew those
franchises.
Mr. J0n Elam
January 25, 1982
Page 2
Minn~gasco has been diligently attempting to renew the Mound
franchise. As soon as I hear from you or your City Attorney that
a 20-year term is acceptable, we will be able to continue
negotiating a mutually acceptable and beneficial franchise
ordinance.
Very truly yours,
MINNESOTA GAS COMPANY
Legal Division
James B. Proman
Telephone: 612/372-4827
JBP:ks
4.103
CC'
James D. Larson, Esq.
Wurst, Carrol & Pearson
Donald A. Bistodeau, Acting Manager
Metro Central Region
CONTINENTAL TELEPHONE
SERVICE AREAS
SYSTEM
Company
'!itness ·
Zxhibit '!o.
William O.
WO;I-1
l louman
MINNESOTA
INTI~ RNATtONAL FALLS
LITTLE
J&COI$O# I
\,,v~.
CONTINENTAL TELEPHONE
OF MINNESOTA
~ NORTH DISTRICT
%
DISTRICT
HENNEPIN
IL
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
935-3381
January 15, 1982
Mr. John Elam, Manager
City of Mound
5341 ~,~ywood Road
Mound, Minnesota 55364
Re' CSAH 125, CP 7586
Bridge over Black Lake/Spring Park Channel
Dear John:
In 1977, the County Board adopted a long-range plan for Hennepin County roads and
streets. This plan was prepared after many meetings and hearings, and after input
was received from other agencies. This plan concluded that in the Cities of Mound
and Spring Park CSAH 125 functions as a collector road and recommended municipal
jurisdiction.
The City of Mound has, by resolution, requested that Hennepin County reconstruct
CSAH 125 including curb and gutter, storm sewer, and replacement of the Lost Lake
Channel, Cooks Bay Channel, and Black Lake/Spring Park Channel bridges before the
City would accept jurisdiction. Ail correspondence from our department, hm~ever,
has stated that replacement of the three bridges and a bituminous overlay of
CSAH 125 is the only construction that would be necessary by Hennepin County before
turnback.
Two new bridge programs, the Minnesota Transportation Fund (Bridge Bonds) and the
Federal Bridge Rehabilitation and Replacement Program (FBR&R), enabled Hennepin
County to begin the reconstruction effort for eventual turnback of CSAH 125 by
replacing the Lost Lake Channel and Cooks Bay Channel bridges. Recent plans for
replacement of the Black Lake/Spring Park Channel bridge have been stopped because
oF !ow priority of this bridge compared to other state-wide bridges submitted for
funding. The Black Lake/Spring Park Channel bridge is No. 150 of 166 present
submittals. This means that no Bridge Bond or FBR&R funds will be available for
the reconstruction of this bridge.
The Hennepin County Department of Transportation proposes that our department replace
the Black Lake/Spring Park Channel bridge using $594,000 from the Hennepin County
State Aid Fund. In order for our department to recommend this to the County Board,
it would be necessary for the City Council of Mound to agree to accept jurisdiction
of CS~ 125 from the City East Limits to CSAH 110 upon completion of the bridge
construction. If you feel I should appear before the City Council and explain this
proposal, or if you need any additional information for them, please call.
~~truly yours,~ ~ s M. Wold, P.E.
Chief, Planning & Programming
HENNEPIN COUNTY
an equal oppodunify employer
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
935-3381
January 15, 1982
Mr. John Elam, City Manager
City of Mound
5341Maywood Road
Mound, HN 55364
Re: Traffic Signal at CSAH 15 and CSAH llO
Dear Mr. Elam:
By City Council Resolution No. 81-371 the city requested the county to
place the traffic signal at.the CSAH 15 - CSAH 110 intersection in the
flashing mode on an experimental basis. The signal would flash red in
all three directions thereby creating a three-way stop condition. The
experimental period would be three to four months at which time the
situation would be reviewed.
In response to this request, our department conducted a series of traffic
studies at the referenced intersection under full traffic signal operation.
These studies would serve as "before" data, The intent was to compare the
results of the "before'! s~udies with similar studies following the possible
change over as an attempt to identi[v advantages/disadvantages of each mode.
The studies undertaken were as follows.
1) Percent Stopping Study - the percentage of vehicles stopping at the
signal during the AM and PM peak hours and an offpeak hour was measured.
2) Volume Study - all traffic and pedestrian movements through the inter-
section were manually counted during the AM and PM peak hours and an
offpeak hour.
3) Travel Time Studies - travel times were run both directions on CSAH 15
from Cypress to Grandview and on CSAH 110 from CSAH 125 to Alder Rd.
during the AM and PM peak hours and an offpeak hour.
4) Delay Study - vehicular delays were measured on all approaches to the
intersection during the AM and PM peak hours and an offpeak hour.
5) Accident Investigation - the accident record of the intersection for the
period of 1978-80 was examined.
Copies of all studies are enclosed.
Upon review and analysis of the "before" data the following factors became
evident.
- The existing traffic signal stops approximately 50 percent of the daily
traffic using the intersection. If a three-way stop were installed
100 percent of the vehicles would be stopped. The latest studies by
Federal Highway Administration indicate that it costs $0.014 to stop
a vehicle traveling 20 MPH and for that vehicle to again resume his speed.
HENNEPIN COUNTY
an equal opportunity employer
These costs include fuel and vehicle operating costs only. A total
of 14,225 vehicles use the intersection per day. Under signal operation
7,112 are s~opped. Under three way stop operation 14,225 would be
stopped. The additional cost to the public if a three way stop were
installed would equal (14,225 - 7,112) x $0.014 = $99.58 per day or,
annually, $36,347. Included in this cost would be an additional annual
consumption of 15,577 gallons of gasoline under the three way stop
condition.
- Travel times on both roadways even during the peak hours are very
respectable. Average vehicular speeds are over 21 MPH on CSAH 15 and
close to 25 MPH on CSAH 110.
- Delays to traffic moving through the intersection due to signal operation
were very minimal. For example, during the 4:00-6:00 PM period the
average delay per vehicle was only 5.4 seconds.
- The accident rate for the three year period of 1978-80 was 1.66 accidents
per million entering vehicles compared to a county average for this
type of intersection of 1.28. No pedestrian accidents were reported
during the three year period.
The results of these studies have shown that the intersection, under traffic
signal operation, is accomodating the present traffic demand efficiently and
at a high level of service. Travel times through the intersection are low,
vehicular delays are minimal, and percentage of stopped vehicles measures only
50 percent. Traffic accidents have not presented a pressin§ problem.
The installation of a three-way stop could only serve to deteriorate the level
of service to which traffic has become accustomed at this intersection. In
addition, stopping all the traffic would incur a substantial financial burden
on the motorists as well as becoming a source of energy waste.
Based on this data, our department cannot recommend conversion of the inter-
section to three-way stop operation. The request of the city must be denied.
Should you, ~ayor Lindlan, or the council desire additional information or
wish to pursue the matter further, please contact me at 935-3381.
Herbert O. Klossner, Director
HOK/DLH:de
CC:
Dale Holmquist
Clayton Nolby
Dennis Hansen
TIME
6:30 - 8:30 AM
11:30 - 1:30 PM
4:00 - 6:00 PM
TIME
6:30 - 8:30 AM
ll:30 - 1:30 PM
4:00 - 6:00 PM
TIME
6:30 - 8:30 AM
ll:30 - 1:30 PM
4:00 - 6:00 PM
CSAH 15 @ CSAH 110 (E.Jct.)
PERCENT STOPPING STUDY
SOUTH APROACH
NO. OF VEHICLES
276
336
5O0
NO. STOPPED
97
113
299
NORTH APPROACH
NO. OF VEHICLES
686
573
688
NO. STOPPED
299
320
468
EAST APPROACH
NO. OF VEHICLES
282
492
840
NO. STOPPED
107
238
497
% STOPPED
35.1%
33.6%
59.8%
% STOPPED
43.6%
55.8%
68.0%
STOPPED
37.9,%
48.4%
59.2%
Study No.l160
12/16/81
MOUND CITY OF
CiTY TR E~SURER
CITY HALL
53/,1 MAYWOOD ROAD
MOUND
M]NNESOTA DEPARTMENT CF REVENUE
LOCAL GOVERNMENT AIDS
AND ,~NALYSIS DIVISION
~.c.-~~ JANUARY 8, lg82
MN 55364
CERTIFICATION OF DEFERRED PAYMENI'S OF STATE AID
IN NOVEMBER AND DECEMBER OF 1981, SLATE AID PAYMENTS TO
YOUR C-CVERNMENTAL UNIT WERE DEFERRED PURSUANT TO MINNESOTA
STATUTES, SECTIONS 16A.14 AND 16A.15. TFIS LETTER IS TO
CERTIFY TO YOU THE TOTAL AMOL:NT CF THE DEFERRED AIDS
AND T[ NOTIFY YOU OF THE FORIHCOMING PAYMENT OF THESE AIDS.~.~ .~s.-s-.~,
TEE TOTAL AMOUNI OF DEFERRED AIDS IS $ 152,g46.57.5~/. "'~' 3~.us~.
...... '~ _~ . ~.~q~,.~
IN ACCORDANCE WITH THE THIRD SPECIAL SESSION ~AWS
BE~AID TO YOUR
CHAPTER 1, THE ABOVE DEFERRED AID AMOUNT ~ILL
GOVERhRENT~L UNIT ON FEBRUARY 26, 1~82.
29~.SD
WALLACE 0. CAHL, DIRECTOR
LOCAL GOVERNMENT AIDS Ah~D ANBLYSIS DIVISION -- '
1612l 2g~-22~6
January 20, 1982
TO: Jon Elam, City Manager
FROM: Jan Bertrand, Building Official
I have attached copies of the fees for heating, air conditioning,
gas and refrigeration permits. The fees are based on the 1978
Minneapolis fees and the recently adopted Minnetonka fee schedule.
Each schedule is marked and I would recommend that the City Council
adopt a fee schedule so the City may obtain permits and make the
inspections required by the State Building Code.
Jan Bertrand
JB/ms
Attachments
7/82
MINNEAPOLIS FEE SCHEDULE
HEATING, AIR CONDITIONING AND REFRIGERATION PERMIT FEES
Definitions. All terms used in this article shall be interpreted as
defined in the Minnesota Heating, Ventilating, Air Conditioning and Refriger-
ation Code.
Fees Required. The Director of Inspections, before issuing any permit
for the construction,.installation, alteration, addition, or repair of any
furnace, boiler, heating or power plant or system, or any device or equipment
connected therewith, or for any other device connected to, or to be connected,
with any chimney or stack, or for the construction, installation, alteration,
addition or repair of any cooling piping and equipment, or of any air con-
ditionin§ system or ventilation system or sheet metal duct work or equipment
therewith, or of any refrigeration plant or equipment, shall require the pay-
ment by the applicant for such permit, fee or fees in the amount herein
required.
REQUIRED HEATING, AIR CONDITIONING AND REFRIGERATION PERMIT FEES
CONTRACT PRICE (including labor
and material)
FEE
$1.OO - $1,OOO.OO
$15.OO minimum
S1,OO1.OO - $5,000.00
$15.oo for first $1,OOO.OO plus S1.25
for each additional $100 or fraction
thereof to and including $5,000.00
$5,OO1.OO - $50,000.00
$65. for first $5,OO0.O0 plus $1.00
for each additional $1OO or fraction
thereof to and including $50,000.00
$50,OO1.00 - $500,000.00
$515.OO for first $50,000.00 plus $.80
for each additional $100 or fraction
thereof to and including $500,000.00
$5OO,OOl:O0 - $1,OOO,0OO.O0
$4,115.OO for first $5OO,OOO.OO plus
$5.00 for each addition $1,O00.00 or
fraction thereof to and including
$1,OOO,OOO.00
$1,OOO,OO1.OO and over
S6,665 for first $1,OOO,OO0.OO plus
$4.00 for each additional $1,OOO.OO
or fraction thereof
The cost of installations, alterations, additions, or repairs as used
in this Article shall include all labor and material supplied by the contractor.
In addition, it shall include all materials supplied by other sources when these
materials are normally supplied by the contractor.
The permit fee for the installation of a gas burner and its equipment for
use in connection with a heating system shall be as set out in the fee table
contained for gas fittings.
The permit fee for the installation of gas piping for use in connection
with a heating system shall be as set out in the fee table contained for gas
fittings.
MINNEAPOLIS FEE SCHEDULE (Continued)
Revision of Estimated Cost. The estlmated cost shall be subject to
review by the Inspector of Buildings, and if the estimate does not reflect
the true cost, it shall be revised and the applicant shall pay the fee based
upon such revision. The Inspector of Buildings may revoke any permit issued
containing false information regarding the value of the work authorized by
sald permit pursuant to Section 303.(e) of the Building Code.
If the actual cost exceeds the estimate by five hundred dollars ($500.00)
or more, the applicant shall report within thirty (30) days after completion of
the job, the actual cost to the Inspection Department and the fee shall be
revised and the applicant shall pay a fee computed on the basis of the actual
cost.
Permit Fees for Heating, Air Conditioning, and Refrigeration by Alter-
native Sources of Energy.
Permits shall be required for the construction, installation, alteration,
addition or repair of any furnace, boiler, heating or power plant or system
or any device or equipment connected therewith, or for the construction,
installation, alteration or repair of any cooling piping and equipment or of any
air conditioning system or ventilation system or sheet metal duct work or
equipment connected therewith, or of any refrigeration plant or equipment
when using an alternative source of energy such as, but not limited to,
solar energy. The fee shall be determined by the Inspector of Buildings.
Electrical Heating Systems Permits. The following fees shall be charged
for electric heating system permits:
For the first 5 kilowatts ................... $10.O0
Each additional lO kilowatts or fraction thereof ........ 6.00
In addition to the electric heating system permits, the usual electrical
permit shall be required by the State Board of Electricity.
GAS FITTING PERMIT FEES
Fees Required. The Inspector of §uildings, before issuing any permit
for the installation of any gas piping or gas fixtures, or device, shall
require the payment by the applicant for such permit of fees in the amount
herein.
Gas Piping. (a) For any permit for installing gas piping, not exceeding
two (2) inches in diameter and providing not to exceed three (3) openings, the
fee shall be four dollars and twenty-five cents ($4.25), and for the piping for
each additional opening provided, two dollars ($2.00) shall be added to such
permit fee. For any permit for installing gas piping exceeding two (2) inches
in diameter and providing not to exceed three (3) openings, the fee shall be
twelve dollars and fifty cents ($12.50) and for the piping for each additional
opening provided, two.dollars and fifty cents ($2.50) shall be added to such
permit fee.
(b) A gas piping permit will be required for connection to any gas-burning
device, except if the appliance being connected is a replacement of an original
appliance of the-same type.
(c) Where any such permit is issued for both gas piping and plumbing, the
fee for such permit shall be equal to the combined fees for each of said classes
of work or installation.
Gas Stoves, Ranges, etc. For any permit for installing gas stoves, ranges,
gas water heaters, process gas burners, or other similar gas-burning devices not
used in connection with a heating system, the fee charged shall be as follows
for each such device included in such permit:
INPUT FEE
Not exceeding 99,999 BTU ............... $10.00
100,000 BTU but not exceeding 199,999 BTU ....... 15.00
200,000 BTU but not exceeding 399,999 BTU ....... 30.00
400,000 BTU but not exceeding 599,999 BTU ....... 44.00
600,000 BTU but not exceeding 999,999 BTU ....... 60.00
For inputs exceeding 999,999 BTU the fee shall be as provided in Gas Burner
section of this article for use in connection with a heating, system, which fee
shall be in addition to the fee charged as above provided for the installation
of any gas piping for said devices and for any other gas fitting work, if any,
included in said permit.
Gas Burners. (a) For any permit for the installation of a gas burner
and/or its equipment, for use in connection with a heating system, the fees
shall be as follows:
INPUT FEE
Not exceeding 99,999 BTU ................... $10.00
100,000 BTU but not exceeding 19~,~99 BTU ........... 15.00
200,000 BTU but not exceeding 399,999 BTU ........... 30.00
400,000 BTU but not exceeding 599,999 BTU ........... 44.00
600,000 BTU but not exceeding 999,999 BTU ........... 60.00
1,000,000 BTU but not exceeding 2,49~,999 BTU ......... 100.00
2,500,000 BTU but not exceeding 9,9~9,999 BTU ......... 120.00
10,000,000 BTU but not exceeding 49,999,999 BTU ........ 175.00
50,000,000 BTU but not exceeding 74,~99,~9 BTU ........ 225.00
75,000,000 BTU and over .................... 300.00
(b) Where more than one gas burner or multiple gas burners are to be
installed in a single boiler, furnace or other device, they shall, for the
purpose of establishing permit fees therefor, be considered as a single
burner.
(c) The above fees shall be in addition to the fee charged for the
permit for the installation of any gas piping for said burners or equipment.
(d) For any permit for alterations or repairs to any existing gas burner
or gas burner equipment where the cost of such proposed work does not exceed
one hundred dollars ($100.00) the fee shall be seven dollars ($7.00). Cost
shall include labor and all materials used. For each additional one hundred
dollars ($100.00), or fraction thereof, in the cost of such proposed work, one
dollar and fifty cents ($1.50) shall be added to the above prescribed fee
for such permit.
NINNETONKA FEE SCHEDULE
HEATING
& GAS
PERMITS
CONTRACT PRICE
$O.OO to 500.00
500.00 to 1,000.00
1,OOO.OO to 5,000.00
5,000.00 to 10,O00.O0
10,OOO.OO to 25,000.00
25,0OO.OO to 50,000.00
50,000.00 and over
Minimum Fee
Add State Surcharge
% OF
CONTRACT PRICE
2.50%
2.25%
2.00%
1.75%
].50%
1.25%
1.OO%
5.oo
.0005 X job cost
minimum .50
25 January 1982
TO:
FROM:
RE:
Jon Elam, City Manager
Rob Chelseth, City Planner
1982 CDBG Program
Attached please find the latest memorandum from Hennepin County on
development of the Year VIII CDBG program. I plan to meet with Larry
Blackstad to obtain further details on their program process. How-
ever, as the Feds have yet to complete and publish revised rules on
CDBG, things continue to be clouded.
The memorandum has the BNA's draft regulations printed in their Housing
Reporter in December. Congress is expected to modify these even further
this month. All in all, I would like to discuss the available program
options with you over the next two weeks, and agree upon a format for
handling this locally.
Estimated Mound CDBG Budget for Year VIII: $89,000.
~~Chelseth
City Planner
RC/ms
Attachment
SUBJECT:
January 19, 1982
Participating Urban Hennepin
County Con~nuni ti es~
)qennepin County Offi ce of Pl anning- .
and Development
YEAR VIII Urban Hennepin County
Community Development Program/Development Process
The December 2, 1981 memo, "Urban Hennepin County Year VIII Certification
Statement Development Schedule," indicated that new CD program regulations
reflecting 1981 legislative changes should be available in February and that
planning should proceed on the basis of a 10% reduction in funding from 1981.
It now appears that the regs for the Year VIII program will not be available
before late March and that recent federal budget allocations make it advisable
to plan on a 15% reduction in CD funding for 1982.
Due to the delay in issuance of the new regulations, participant communities
are advised to initiate their CD program development process using the current
draft Statement of Objectives (dated 12/23/81) as a guide until the final
Statement is issued in February. The accompanying eligible activities para-
graph from the 1981 Amendments to the Housing and Community Development Act
should be sufficient for project identification.
Participant communities interested in activities for which an eligibility
determination cannot currently be made, may set aside funding in a contingency
account for program development purposes.
As part of the program development process each participant community is re-
quired to hold one public hearing to obtain local views on community develop-
ment an'a ~"ousing needs and on the proposed. Y.ear VIII Community Develo~m~L
p_~ Hennepin C~un~y ~taff is developing a public F6rmat to be a~ailable
by February 1. The hearings can therefore begin by mid-February and hopefully
be c~ompletedby mid-March in order to meet the program statement schedule.
As presented in the schedule accompanying the December 2 memo, Hennepin County
staff will, prior to mid-February, be scheduling meetings of the Planning Area
Citizens Advisory Committees to initiate their participation in the Year VIII
program development process.
The CDBG program representatives are in the process of scheduling monitoring
visits to each participant community to review the status of projects from
previous years, with particular interest in Year IV and V, and to discuss in
greater detail the information set forth in this memo. A separate memo pro-
viding more information on the monitoring process will be issued soon.
lw
'COMMUNITY DEVELOPMENT BLOCK GRANTS
09:0507
HDR RF-206
12 -28-81
county, approve the inclusion of the metropolitan city
as part of the urban county for purposes of submitting a
statement under section 104(a) and carrying out ac-
tivities under this title.
Eligible Activities
Sec. 105. (a) Activities assisted under this title may
include only-
(l) the acquisition of real property {including air
rights, water rights, and other interests therein) which
is (A) blighted, deteriorated, deteriorating, undeveloped.
or inappropriately developed from the standpoint of
sound community development and growth; (B) ap-
propriate for rehabilitation or conservation activities;
(C) appropriate for the preservation or restoration of
historic sites, the beautification of urban land, the
conservation of open spaces, natural resources, and
scenic areas, the provision of recreational opportunities.
or the guidance of urban development; (D) to be used
for the provision of public works, facilities, and im-
provements eligible for assistance under this title; or
(E) to be used for other public purposes;
(2) the acquisiton, construction, reconstruction,
or installation (including design features and improve-
ments with respect to such construction, reconstruction,
or installation which promote energy efficiency) of
public works, facilities and site or other improve-
ments--including neighborhood facilities, centers for
the handicapped, senior centers, historic properties,
utilities (including power generation and distribution
facilities using renewable resource energy systems),
streets, street lights, water and sewer facilities, founda-
tions and platforms for air rights sites, pedestrian
malls and walkways, and parks, playgrounds, and re-
creation facilities (including parks, playgrounds, and
recreation facilities established as a result of reclama-
tion and other construction activities carried out in
connection with a river and land adjacent thereto
where assistance under other Federal laws or programs
is determined to be unavailable), flood and drainage
facilities in cases where assistance for such facilities
under other Federal laws or programs is determined to
be unavailable, and parking facilities, solid waste
disposal facilities, recycling or conversion facilities,
and fire protection services and facilities which are
located in or which serve designated community
development areas.
{3) code enforcement in deteriorated or deteriorat-
ing areas in which such enforcement, together with
public improvements and services to be provided, may
be expected to arrest the decline of the area;
(4) clearance, demolition, removal, and rehabili-
tation (including rehabilitation which promotes energy
efficiency) of buildings and improvements (including
interim assistance, and financing public or private
acquisition for rehabilitation, and rehabilitation, of
privately owned properties and including the renova-
tion of closed school buildings);
(5) special projects directed to the removal of ma-
terial and architectural barriers which restrict the mo-
bility and accessibility of elderly and handicapped per-
sons;
(6) payments to housing owners for losses of rental
income incurred in holding for temporar~ periods hous-
ing units to be utt]ized for the relocation of individuals
and families displaced by activities under this title;
(7) disposition (through sale, lease, donation, or
otherwise) of any real property, acquired pursuant to
this title or its retention for public purposes;
(8) provisions of public services, including but not
limited to those concerned with employment, crime
prevention, chid care, health, drug abuse, education,
energy conservation, welfare or recreation needs, if such
services have not been provided by the unit of general
local government (through funds raised by such unit, or
received by such unit from the State in which it is
located) during any part of the twelve-month period im-
mediately preceding the date of submission of the state-
ment with respect to which funds are to be made
available under this title, and which are to be used for
such services, unless the Secretary finds that the discon-
tinuation of such services was the result of events not
within the control of the unit of general local govern-
ment, except that not more than 10 per centum of the
amount of any assistance to a unit of general local
government under this title may be used for activities
under this paragraph;
(9) payment of the non-Federal share required in
connection with a Federal grant-in-aid program under-
taken as part of activities assisted under this title;
(10) payment of the cost of completing a prOject
funded under title I of the Housing Act of 1949:
{11) relocation payments and assistance for dis-
placed individuals, families, businesses, organizations.
and farm operations, when determined by the grantee to
be appropriate:
(12) activities necessary (A) to develop a compre-
hensive community development plan. and (B) to de-
velop a policy-planning-management capacity so that
the recipient of assistance under this title may more
rationally and effectively (i) determine its needs, (ii)
set long-term goals and short-term objectives, (iii) devise
programs and activities to meet these goals and ob-
jectives, (iv) evaluate the progress of such programs
in accomplishing these goals and objectives, and (v)
09:'0508 HOUSENG & DEVELOPMENT REPORTER
nOUt m~;nagement, coordination, and monitoring
tivities necessary for effective planning implemen-
(13) payment of reasonable administrative costs
and ca,,'-D'ing charges related to the planning and execu-
tion of community, development and housing activities,
including the provision of information and resources
to residents of areas in which community development
and housing activities are to be concentrated with re-
spect to the planning and execution of such activities,
and including-the carrying out of activities as described
in section 701(e) of the Housing Act of 1954 on the date
prior to the date of enactment of the Housing and Com-
munity Development Amendments of 1981;
(14) activities which are carried out by public or
private nonprofit entities, including (A) acquisition of
real property; (B) acquisition, construction, reconstruc-
'tion, rehabilitation, or installation of (i) public
facilities, site improvements, and utilities, and (ii) com-
mercial or industrial buildings or structures and other
commercial or industrial real property improvements;
and (C) planning;
(15) grants to neighborhood-based nonprofit
organizations, local development corporations, or en-
tities organized 'under section 301(d) of the Small
Business Investment Act of 1958 to carry out a neigh-
borhood revitalization or community economic de-
~ment or energy conservation project in furtherance
objectives of section 101(c);
(16) activities necessary to the development of
comprehensive community-wide energy use strategy,
which may include items such as--
{A) a description of energy use and projected
demand by sector, by fuel type, and by geographic
area;
{B) an analysis of the options available to th.e
community to conserve scarce fuels and encourage use
of renewable energy resources;
{C) an analysis of the manner in, and the extent
to. which the community's neighborhood revitalization,
housing, and economic development strategies will
support its energy conservation strategy;
ID) an analysis of the manner in, and the extent
to, :~hich energy conservation objectives will be inte-
grated into local government operations, purchasing
and service delivery, capital improvements budgeting,
land use planning and zoning, and traffic control,
parking, and public transportation functions;
{E) a statement of the actions the community will
take to foster energy conservation and the use of re-
nex~able energy resources in the private sector, including
the enactment and enforcement of local codes and
rdinances to encourage or mandate energy conserva-
~n or use of renewable energy resources, financial
td other assistance to be provided (principally for the
benefit of low- and moderate-income persons) to make
energy conserving improveme.nts to residential struc-
tures, and any other proposed energy conservation
activities;
(1:') appropr',ate provisions for energy emergencies;
(G) identification of the local governmental unit
responsible for administering the energy use strateD';
(H) provision of a schedule for implementation
of each element in the strategy; and
(I) a projection of the savings in scarce fossil
fuel consumption and the development and use of
renewable energy resources that will result from im-
plementation of the energy use strategy; and
(17) provision of assistance to private, for-profit
entities, when the assistance is necessary or appropriate
to carry out an economic development project.
(b) Upon the request of the recipient of assistance
under this title, the Secretary. may agree to perform ad-
ministrative services on a reimbursable basis on behalf
of such recipient in connection with loans or grants for
the rehabilitation of properties as authorized under
subsection (a)(4).
Allocation And Distribution Of Funds
Sec. 106. (a) Of the amount approved in an ap-
propriation Act under section 103 for grants in any year
(excluding the amounts provided for use in accordance
with section 107 and section 119), 70 per centum shall be
allocated by the Secretary. to metropolitan cities and ur-
ban counties. Except as otherwise specifically autho-
rized, each metropolitan city and urban county shall be.
entitled to an annual grant from such allocation in an
amount not exceeding its basic amount computed pur-
suant to paragraph (1) or (2) of subsection (b).
(b)(1) The Secretary shall determine the amount
to be allocated to each metropolitan city which shall
be the greater of an amount that bears the same ratio
to the allocation for all metropolitan areas as either--
(A) the average of the ratios bet~'een--
(i) the population of that city. and the popula-
tion of all metropolitan areas;
(ii) the extent of pove~y in that city. and the ex-
tent of poverty in all metropolitan areas: and
(iii) the extent of housing overcrowding in that
city and the extent of housing overcrowding in all
metropolitan areas; or
(B) the average of the ratios bet~'een--
(i) the extent of growth lag in that city and the
extent of growth lag in all metropolitan cities:
{ii) the extent of poverty, in that city and the extent
of poverty, in all metropolitan areas; and
(iii) the age of housing in that city and the age
of housing in ali metropolitan areas.
(2) The Secretary shall determine the amount
'to be allocated to each urban county, which shall be
the greater of an amount that bears the same ratio
to the allocation for all metropolitan areas as either~
(A) the average o!' :he ratms between--
(i) the population of t~at urban county .,nd the
population o~' all metropol:~:an areas;
Pubhshed by THE BUREAU OF NATIONAL AFFAIRS, INC., WASHINGTON, D.C. 20037
LAKE MINNETONKA CONSERVATION DISTRICT
AGENDA
Regular Meeting, 8 p.m., Wednesday, January 27, 1982
TONKA BAY VILLAGE HALL
4901 Manitou Road (County Road 19), Tonka Bay
1. Call to Order
2. Roll Call
3. Minutes: December 9, 1981
4.. Treasurer's Report A. Monthly Financial Report
B. Bills
Request to Appear: Halsted's Bay Homeowners Association
Committee Reports
A. LAKE USE COMMITTEE
(1) Committee Report
(a) Sp.Ev. Permit: Mai Tai Broomball (f) Boat Speed Law Review
(b) " Momsen Fishing Contest (g) Rule Dispensers
(c) '" Boy Scout " "
(d) Grays Bay Slow Signs
(e) Buoy Damage
(2) Action Items
(a) Sp.Ev. Permit: Mai Tai Broomball
(b) " Momsen Fishing Contest
(c) " Boy Scout Fishing Contest
(3) Other
B. WATER STRUCTURES & ENVIRONMENT COMMITTEE
(1) Committee Report
(a) P.H.Report: Cady Dock License
(b) " Mound Dock License
(c) " Neslund Dock License
(d) " WYC License & Variance
(e) " Vets Camp Dock License
(2) Action Items
(a) Cady Dock License
(b) Mound Dock License
(c) Neslund Dock License
(d) Wayzata Yacht Club Dock License & Variance
(e) Big Island Veterans Camp Dock License
(f) Deicing Permits
(g) Dock License Renewals
(h) DMA Permits
(3) Other
Moratorium Amendment - First Reading
Other Business A. Third Annual Lake Lovers Ball
B. Gray FWBI Modelling Program
C. Deicing Permits
D. Other
(h) Rules of the Road
(i) Water Patrol Report
(j) Other
(f) Deicing Permits
(g) Dock License Renewals
(h) DMA Permits
(i) Renewal Dates & Late Fees
(j) Other
9. Adjournment
1-21-82
LAKE MINNETONKA CONSERVATION DISTRICT
REGULAR MEETING
TONKA BAY VILLAGE HALL
December 9, 1981
The regular meeting of the Lake Minnetonka Conservation District was
called to order by Chairman Brown at 8:05 p.m. on Wednesday, December 9,
1981 at the Tonka Bay Village Hall.
Ail Board members were present.
Members are: Richard Garwood (Deephaven), Jerry Johnson (Excelsior),
Robert Brown (Greenwood), DavidNixon (Laketown Township), Robert Pills-
bury (Minnetonka), Lois Johnson (Minnetonka Beach), Alan Fasching
(Minnetrista), Orval Fenstad (Mound), Jo Ellen Hurr (Orono), Robert Rascop
(Shorewood), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard
Soderberg (Victoria), Robert MacNamara' (Wayzata), and Robert Slocum
(Woodland). Communities represented:. Fifteen (15).
Because of the orderly annexation of Laketown Township by the City of
Victoria, this is the final meeting in whiCh the LMCD is represented by
15 villages - hereafter the number of LMCD member municipalities will be 14.
J. Johnson Moved, Garwood Seconded that the minutes of the October 28,
1981 meeting be approved. Motion, Ayes (15), Nays (0).
Fenstad Moved, J. Johnson Seconded that the Treasurer's report be approved
and the bills paid. Motion, Ayes (15), Nays (0).
LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed with a
state Aviation Representative the state aeronautic regulations affecting
Lake Minnetonka and their differences with the LMCD Code. Ultra light
planes were discussed at the Board meeting; they are unlicensed, beginners'
planes, can be set up in 20 to 30 minutes; three are known to be based on
the Lake. It was reported that a seaplane on Spring Park Bay makes practice
takeoffs and landings on Saturdays, more than the one-time permitted by the
LMCD Code. Several seaplane-based operators appeared requesting that Lake
Minnetonka be designated a non-training area. The committee will continue
discussion at its next meeting.
Pillsbury also reported that the committee reviewed the county's maintenance
program in general, and the county's request for approval of its 1982 pro-
jects, and made recommendations; the committee will continue a review of
needed buoys or signs. The committee reviewed and made recommendations for
3 Special Event Permit applications. The Water Patrol reported that volun-
teer strength is now at 32 special deputies, and a new class is being
recruited; applicants should contact the Water Patrol if they are interested
in qualifying. The committee is interested in determining the number of
buoys that were damaged during the 1981 boating season; at the next meeting
the committee will also review the placement of rule (information) dispensers
at access points, and current Lake speed laws.
CALL TO
ORDER
ATTENDANCE
LAKETOWN
ANNEXATION
MINUTES
TREASURER'~
REPORT
AVIATION.
REGS
REVIEW
LAKE USE
COMMITTEE
REPORT
LMCD Board Minutes
December 9, 1981
Page 2
Brown Moved, Dauman Seconded that the committee report be accepted.
Motion, Ayes (15), Nays (0).
Pillsbury Moved, L. Johnson Seconded that the county's 1982 Lake mainten-
ance program be approved. Motion, Ayes (15), Nays (0).
MacNamara Moved, Bauman Seconded that the following Special Event Permit
applications be approved as stipulated:
1. Lord Fletchers of the Lake for a broomball court, and for two extra
courts in the lagoon if needed, for the 1981-1982 season.
Wayzata Fire Department for an ice fishing contest on Wayzata Bay on
February 14, 1982 subject to the following: (1) that inspections by
the LMCD for debris be made before and immediately after cleanup of the
event, (2) that removal of any ice chunks resulting from the event be
included in the cleanup, and (3) that if cleanup isn't adequate, a
cleanup bond may be required next year.
o
Advance Machine Company for a lighted public skating rink on Spring
Park Bay with the following stipulations: (1) that lighting be directed
downward, (2) that other agencies agree to the location of the rink,
and (3) that the project be under the supervision of the Sheriff's
Water Patrol.
Motion, Ayes (15), Nays (0).
MORATORIUM AMENDMENT: The ordinance proposal dealing with the moratorium
on new dock license applications or on commercial applications for expan-
sion beyond one boat per 10 feet was discussed, noting that the average
density already existing on the Lake for commercial licenses is approximately
one boat for 10 feet of frontage (for 100' DUA). The proposal will continue
to be reviewed.
GRAY FRESHWATER BIOLOGICAL INSTITUTE: While the FWBI pilot study to use
Lake Minnetonka as a predictive model has land-use ramifications, there is
a need for funding specific equipment.
Pillsbury Moved, Bauman Seconded that the LMCD fund (e.g., $1,500) some
particular equipment for use on Lake Minnetonka in the FWBI predictive
model pilot study, and that the LMCD solicit assistance from legislators
to further help fund the study. Motion, Ayes (15), Nays (0).
BLUE WATER PROPOSAL: The Blue Waterproposal by the MCWD to express Lake
water quality in layman terms was viewed as being duplicated effort.
J. Johnson Moved, Bauman Seconded that the Blue Water proposal not be
supported and that a letter be drafted expressing this positipn. Motion,
Ayes (15), Nays (0).
1982
COUNTY
SP. EVENT
PERMITS:
LORD
FLETCHER
BROOMBALL
W.F.D.
FISHING
ADVANCE
MACHINE
RINK
DENSITY
MORATORIUM
PREDICTIVE
MODEL
SUPPORT
BLUE WATER
NONSUPPORT
LMCD Board Minutes
December 9, 1981
Page 3
OTHER BUSINESS: Nixon Moved, MacNamara Seconded (1) that Wayzata Bank and
Trust Company be designated as the official depository for 1982; and
(2) that the official newspaper of the District be the Sun Newspaper and
that publications be submitted to other local papers for information
purposes. Motion, Ayes (15), Nays (0).
Fenstad Moved, Hunt Seconded that the following deicing permit applica-
tions be approved subject to inspection and notice to abutting neighbors:
Curly's Minnetonka Marina, Inc.
Gayle's Marina Corp.
Grays Bay Resort & Marina
Howard's Point Marina, Inc.
Mrs. George Johnson
Minnetonka Yacht Club
Surfside, Inc.
Tonka Bay Marine
Wayzata Yacht Club
Motion, Ayes (15), Nays (0).
Brown Moved, Bauman Seconded that life insurance coverage for LMCD
employees be increased to $10,000 effective 1-1-82. Motion, Ayes (15),
Nays (0).
Garwood Moved, Pillsbury Seconded that liability insurance for Board
members be obtained as quoted ($1,000) for a three year period. Motion,
Ayes (15), Nays (0) o
Eptablishing penalties for late applications (licenses and permits) will
be consider&d by the committee.
The Metropolitan Council expects to monitor water quality through local
watershed districts - copy of the notice will be furnished to the LMCD
by the City of Shorewood.
ADJOURNMENT: Nixon Moved, Rascop Seconded at 10:20 p.m. that the meeting
be adjourned. Motion, Ayes (15), Nays (0).
DESiGNA%~
DEPOSITORY,
PU
DEICING
PERMITS
LIFE
INSURANCE
LIABILITY
INSURANCE
LATE
FEES
ADJOURNED
Submitted by:
Robert P. Rascop, Secretary
Approved by:
Robert Tipton Brown, Chairman
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
M E M O R A N D U M
TO'
FROM:
DATE'.
RE:
jalter R. Benson, City Administrator, City of 0rono
ohn Elam, City Manager, City of Mound
Charlotte Patterson, City Administrator, City of Minnetrista
Linda Zitzmann, City Clerk, City of St. Bonifacius
Desyl L. Peterson, Prosecuting Attorney,~[~
January 20, 1982
Scheduling of Arraignments
I have recently been notified by the Municipal
Court Administration that they will be scheduling the arraign-
ments for all four cities on Tuesdays, beginning February 1,
1982. As you know, court order now requires each city to
provide a prosecutor present at arraignments. By consolidating
the four cities on one day, I can appear simultaneously on
behalf of all four at a diminished cost to each of you. I
intend to bill for 1/4 of the costs of my appearance. I hope
that this meets with your approval.
T~o~a,~s L. Jot~so~ ~
(~O~NTT A'TTOR N ~rY
OFFICE OF THE HENNEP~ COUN~
MINNEAPOLIS, Mm~s~t 55487
(612) 348-3091
January 14, 1982
(hiefBruce Wold
M~und Police DepOt
5341 Maywood Road
Mound, Minnesota 55364
Dear Chief Wold:
I recently was forced to call Officer Roth of your Police Departma~t
in a rebuttal in a hcrmicide case which I was trying before a jury.
Officer Roth returned my phone call at 7:15 in the mon~ on a day
when he was off duty and agreed to ccme down to the Courthouse on
short notice and testify in my trial. Officer Roth appeared on tinm
and testified in a professional m~-ter. I was extrar~ly impressed
with his cooperation in this matter and I think his performance
speaks well for the Mound Police Departmant.
SAM:ds
cc: Officer Roth
Sincerely,
THOMAS L. JOHNSON
HENNEPIN COUNTY ATTORNEY
?
Stuart A. Mogelson '
Assistant Hennepin County Attorney
HENNEPIN COUNTY IS AN AFFIRMATIVE ACTION EMPLOYER
POPHAM, HAIK, $CHNOBRICH, KAUFMAN &
4344 IDS CENTE~
MINNEAPOLIS, IVlINN£SOTA 5540:~
61;~-333-4800
DOTY,
ROGER w. SCHNOBRICH
D. WILLfAh~ KAU~-MAN
DESYL I. PETERSON
NIICHAEL O. FREEMAN
THOMAS C. D'AOUILA
LARRY D, ESPE1
JANIE S.~4AYERON
DAVID A. JONES
SALLY A. JOHNSON
LEE E- SHEEH¥
LESliE GIllETTE
MICHAEL T. NILAN
ROBERT C. MOILANEN
DAVID J. EDOUIST
CATHERINE A. POLASKY
STEVEN G. HEIKENS
JOHN R. WILCOX
KATHLEEN h~l. MINDER
NANCY J. TURBAK
JOHN C, CHILDS
THERESE AMBRUSKO
January 25, 1982
2660 PETRO-LEWIS TOWEH
DENVER, COLORADO 80202
TELEPHONE AND TELECOPIER
303-825-2660
SUITE 802-2000 L STREET N. W.
WASHINGTON, D. C. :~0036
TELEPHONE AND TELECOPIER
202-887-5i54
OF COUNSEL
FRED L. MORRISON
Mike Marvell
Access Supervisor
DNR
Centennial offic'e Building
3rd Floor
St. Paul, MN 55155
Karen Loechler
Regional Administrator
DNR
Centennial Office Building
3rd Floor
St. Paul, MN 55155
Paul Olson
Spec I
DNR
Centennial
3rd Floor
St. Paul,
Duane Shodeen
Regional Fisheries
DNR
Centennial
3rd Floor
St. Paul, HN 55155
Office Building
MN 55155 ~
Sup sor
Office Building
Delos Barber
Region Trails & %4aterways ~oord.
DNR
Centennial Office Building
3rd Floor
St. Paul, MN 55155
Mike Gruppa
Regional Enforcement Supervisor
DNR
Centennial Office Buil~in9
3rd Floor
St. Paul, MN 55155
Re: Proposed DNR Access on Halstead Bay
Dear Gentlemen and Ms. Loechler:
Thank you for having met with Ma~or Olson, Tom Link, Frank
Burg and the undersigned on January 2U, 1982, to review the
proposed DNR access on Halstead Bay. Set forth herein is a
summary of some of the City's objections to the proposed access
based upon the information to date:
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
January 25, 1582
Page 2
A. ROAD ACCESS IS IHADEQUATE.
access.
King's Point Road is the only access road to the lake
e
base.
The road is a narrow;, gravel road over an inadequute
3. It is the worst public road in the Cit3'.
4. The access is 1 1/2 miles over this poor road from
Highway 7.
5. There is no cul-de-sac in the roau near the access so
vehicles must and/or will turn around in private driveways in
order to return to Highway 7. The only cul-de-sac in the area is
1000 to 1500 feet away and does not meet City standards. It is
inadequate for cars and trailers.
6. The City does not own an easement or have a platted
right of way for the road. At best the City may continue to use
only the presently traveled area; the City could not extenu the
shoulders, modify the drainage ditches or widen the road %;ithout
condemnin~ land at great cost.
7. The City has no plans to upgrade the road. The
Comprehensive Plan and Capital Improvement Plan does not provide
for any upgrading of the road.
8. Because there is only one road to the access which is
not a through road, if there is an emergency at the access site,
and the road is blocked, there is no other road over which to
drive emergency vehicles to and from the access.
9. The cars and trailers would create man~ potholes and
washboard areas on the road.
10. The City e~aployes only 6 people and has limited
equipment to maintain 110-120 miles of City public asphalt and
gravel roads. Because of the cutback in state aid ~unds, the City
may be forced to eliminate 1 of the 6 positions and in the summer,
because of vacation and accrued compensation time, the effective
maintenance force is reduced to 4 people. The City, t~]erefore,
cannot maintain the access roau.
DEVELOPMENT OF THE ACCESS %~OULD VIOLATE THE CITY'S ZONING
ORDINAHCE AND COMPREHENSIVE PLAN.
POPHAM, HAiK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
January 25, 1982
Page 3
1. The DNR proposes to build an asphalt parkin5 lot for 50
cars on the site. Much of the parking lot is within 75' of the
shoreline. ?he parking lot would be constructed on fill. The DNR
proposes to build 1-2 docks and 2-4 ramps onto the Lake. 'i~'he DNR
plans to fence the entire site.
2. The City's Zoning Ordinance requires that a variance De
first obtained for any hardcover or structure within 75' of the
shoreline. ?he parking lot, fence, docks and rax~ps will each
require a variance. The ordinance limits har~cover on any lot to
20% which would also be violated.
3. Neither a parking lot, multiple dock nor ramp is a
permitted use in this residential use district. The DNR must
obtain a variance for each of those activities and structures.
Minnesota State Law 462.357 Subd. 6(2) states that a variance
cannot be granted to allow a land use which is not allowed under
the ordinances:
"The board . . . may not permit as a variance any use that
is not permitted under the ordinance for the ~roperty in the
zone where the affectea person's land is located."
4. The City ordinance does not allow any fill or other
disturbance of the wetlands on the access site without a
variance. Pursuant to the City's ordinances, the DNR would be
filling wetlands protected by the City.
5. The City's Comprehensive Plan which has been approved
by the Metropolitan Council, states that this area shall be for
low density residential use because of the lack of adequate public
services such as roads, buses, etc. The Comprehensive Plan
delineates those areas where public park facilities are to be
located and this area is not included. An access in this area
would be contrary to the Comprehensive Plan and Section 473.865 of
the Land Use Planning Act which requires that all uses of land ~n
the City be consistent with the plan.
[linnesota Statutes §473.865, Subd. 2 states:
"A local governmental unit shall not adopt any official
control or fiscal device which is in conflict with its
Comprehensive Plan or which permits activity in conflict
with Metropolitan System plans."
6. The City of Minnetrista was one of the first cities to
protect wetlands and other environmentally sensitive areas. ~he
POPHAM, HAIK, SCHNOBRICh, KAUFMAN & DOTY, LTD.
January 25, 1982
Page 4
City's wetlands ordinance has Oeen used as ~ model ordinance by
the Metropolitan Council and by others as a national model
ordinance. Tile DNR representative, Judy Boudreau, for the City
will attest to the fact that the City protects its wetlanus and
shoreline areas. Yhe City routinely denies variances to do
exactly what the DNR proposes to do along tl]e shoreline. How can
the City uphold its ordinances and apply them to others if the DNR
is allowed to violate them?
7. The present owner wanted to fill the wetlands on the
site in order to develop the property for homes. He was informeu
of the need for several variances. In order to circumvent the
City's ordinances, he is now trying to sell the property to the
DNR so it can violate the City's ordinances.
8. There is no specific statutory provision which would
exempt the DNR from complying with the City's ordinance.
Moreover, if one applied the 'balancing of public-interests test'
as required in ?own of Oronoco v. Cit~ of Rochester, 197 ~.%~.2d
426 (1972), the balance of public interests favors no exemption
for the DNR in this fact situation.
DEVELOPMENT OF THE ACCESS WOULD HAVE AN ADVERSE EFFECT ON
THE SENSITIVE ENVIRONMENT IN THE AREA.
1. There are several blue heron nests im~:~ediately ad3acent
to the site.
2. This area of the lake is very shallow. The bottom is
mucky which muck will be continuously disturbed and spreau
throughout the Lake by the boats and motors ~rom the access.
3. One of the few remaining lotus beds on the Lake is
located near the access which would be endangered by n~ore boat
traffic.
4. The construction of the parking lot would destroy the
wetlands and would contribute pollutants to the public waters.
5. The construction of tile parking lot would necessitate
the removal of the trees and vegetation along the lakeshore.
De
DEVELOPMENT OF THE ACCESS WOULD HA%/E AN ADVERSE EFFECT ON
THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD.
1. It is important to realize that over 30 homes have been
built in this area in reliance upon the fact that there was no
public access to the lake at this location.
POPHAm, HAiK,$CHNOBRICH, KAUFMAN & DOTY, LTD,
January 25, 1982
Page 5
2. The value of these holaes would be adversely affected Dy
the noise, traffic, litter, car lights, and other activities
generated by those using the access.
3. Those using the access and especially those who cannot
park in the lot will use private driveways and front lawns in
order to turn their cars and trailers around. Such activity will
adversely affect property values and lead to constant
confrontations between property owners and trespassers.
4. ~.~ost importantly this type of uncontrolled vehicular
traffic on a narrow, gravel non-through street will endanger the
safety of the children living in the area. Many children live in
the neighborhood. There are no sidewalks so all of the children
must and do walk and play in the street and driveways.
5. The City has a small police force of 5 officers and the
access will create more enforcement problems for them.
THERE IS ALREADY ADEQUATE PUBLIC ACCESS ?O BALSTEAD BAY.
1. The City maintains a public access to halstead Bay Ior
boat launching and retrieval.
2. There are numerous areas on the bay where public ~oads
are adjacent to the lake which roads also provide access for
fishingpersons to the waters.
F. THE CITY HAS ALREADY PROVIDED ~IORE THAN ITS SHARE OF PUBLIC
AND NON-PROFIT PARKS AND FACILITIES.
1. The City maintains 2 public accesses on Lake ~,linnetonk~.
2. There are numerous non-profit camps including the Y~CA,
Boy's Club, Girl Scouts, Methodist Camp Kingwood, and the
Minnetonka Sportsman, Nature Conservancy, Hennepin County Park
Reserve and several golf courses which include over 375 acres of
land now off the tax rolls.
3. The City has over 2,000 acres of Lake Minnetonka within
its jurisdiction which is a public park.
THIS PROPOSED ACCESS SITE IS INADEQUATE IN COMFARI$ON YO
OTHER DNR ACCESSES ON LAKE MIN[~E~ONKA AND ~HROUGHOU~ TH~
METROPOLITAN AREA.
1. The DIOR staff agrees this is not the best possible site.
2. The other 5 Lake Minnetonka DNR accesses are on paved
roads. The proposed access is at the end of a ~ead end, 1 1/2
mile gravel road.
POPHAM, HAIK,$CHNOBRICH, KAUFmAN & DOTY, LTD.
January 25, 1982
Page 6
3. Several Lake ~Iinnetonka accesses are not immediatel3
adjacent to any homes. ?he proposed access is next to 30 homes.
4. The other 5 accesses are not located in environnlentally
sensitive areas. The proposed access is so located.
THE DEVELOPMENT OF THIS PROPOSED ACCESS MAY VIOLATE ?hE
ENVIRONMENTAL RIGHTS ACT.
1. The development of this site will create dust, noise
and litter in an environmentally sensitive area.
wetlands.
It will necessitate the filling of a City protected
3. It will result in destruction of the few remaining
lotus beds and the resuspension in the Lake of the nutrients
deposited in the shallow ba3.
4. There are feasable alternatives to this site. The DNR
has the power of condemnation so it could and should locate and
acquire a better access site.
For the reasons stated, the development of this propose~
site would be a violation of the Environmental Rights Act,
Minnesota Statutes ~ 116B.01, especially since a feasible an~
prudent alternative site can be found and acquired. See County of
Freeborn v. Bryson, 297 Minn. 21~, 210 N.U.2d 290 (1933) and
County of Freeborn v. Bryson, 309 Minn. 175, 243 N.%~.2d 316 (1976).
The DNR should abandon this site and locate one which is
adjacent to a through, paved road and is large enough so that the
parking lot need not be adjacent to the lake and can be buffered
from pre-existing residential neighborhoods.
Very truly yours,
Bruce D. Malkerson
BDM/jf
cc: Commissioner Joseph Alexander
Don Carlson, Assistant Commissioner
Reprentative Tad Jude
Senator George Pillsbury
Mayor and City Council, Minnetrista
Lake Minnetonka Conservation District Members
Frank Mixa, LMCD
Edward Monteleone, Hennepin County
0274j
LBERT H. QUIE
GOVERNOR
STATE OF ,N'IINNESOTA
OI:FICE O17 TIlE GON,'EltNOR
."ST. I'AUL 3315~
January 22, 1982
Local Government Official:
You, probably more than many Minnesotans, recognize the importance of the decision
I was faced with last week as I examined the $838.5 million budget bill sent to me
by the DFL-controlled Legislature.
It was a bad bill for many reasons. Most objectionable to me, was the fact that
it raised taxes too much and cut spending too little. I had recommended and fought
hard for a budget solution which would have raised taxes by half as much and cut
spending by twice as much.
DFL legislative leaders had made clear their intention not to send me a responsible
bill. I had vetoed their first attempt on Dec. 21. Their next proposal died in a
hectic last-minute effort on New Year's Eve. And this final conference committee
bill came with the warning that they would try no more to reach an acceptable solution.
Had I signed the bill I would have had to place my name on a bill that I found to be
a poor compromise. Had I vetoed it, you, as local Qovernment officials, would have
been hit hard. Because statutes limit my authority to cut certain appropriations,
local governments would have lost all State aid for the rest of the biennium--a
total of $271 million for the remaining 18 months. This would have occurred in
the process of "unallotment" which I would have been forced to begin to meet the
constitutional obligations to balance the budget. Certainly, you know how that
would have affected Minnesota citizens living in your jurisdiction.
Moreover, massive unallotments, would have left you and all local government officials
in the State in a terribly precarious spot. You would be in limbo, not knowing how
much State aid you would be receiving. You would not be able to make good responsible
local budgetary decisions.
Everything I want to do in government is aimed toward giving local officials and
the people they represent, more discretion. My goal is not to put Sou in untenable
positions.
Therefore, as you are well aware by now, I allowed the budget bill to become law
without my signature.
With this immediate budget crisis behind us, ! am now eager to begin work on the
passage of my legislative initiatives outlined in my State of the State Address.
One of the keystones to my proposals is the development of a more responsible
relationship between local and State governments.
AN EQUAL OPPORTUNITY EMPLOYER
-2-
Specifically, I have-recon~ended that all State aids dispensed to local ~overnments
and schools be paid out in a shared, prorated manner based on actual State revenues.
That is, if State revenues are unexpectedly low, local and school aids will fall by
that same margin, up to 5 percent of the appropriation. On the other hand, if State
revenues are unexpectedly high local and school aids will increase by the same
margin, again by up to 5 percent. Under my plan, a percentage of the sales tax
will be dedicated to fund local government aids.
I have included a summary prepared by the Minnesota Department of Revenue, outlining
how the new financing method I am recommending will work.
My proposals recognize that our current property tax system is too confusing.
Therefore, I have recommended a major change in the homestead credi~ system which
holds down homestead taxes by lowering the portion of market value which is taxable.
Individual taxes would be no higher in this new system than in the current system.
Nor would local government aid be lower.
In addition, I am proposing that the State take a hard look at the laws, rules and
regulations, constraining the operation of local units of government. I want to
remove as many unnecessary mandates as possible.
To get this process in motion, I've recommended the creation of a permanent procedure
for cataloging, analyzing and evaluating existing State mandates. Under this plan
all proposed legislation affecting local governments would have to be analyzed to
identify any potential costs to communities.
The eliminationoflevy limits will be one of my major priorities as the State rebuilds
our relationship wlth local governments. We must remove the shackles that bind
your hands as local officials.
My job climate initiatives should also be of interest to you. The changes in workers'
compensation and unemployment compensation will save local governments many dollars.
I urge you to review my proposals. If you agree that these changes must be made
to improve the local-state government relationship and would be willing to testify,
please call Bill Bond at my office, 612-296-2287. Further, call your local legislators
and urge passage of these bills. With your assistance I believe we will be able to
make fundamental improvements in State and local governments, resulting in better,
more responsive service to the people.
//-S~ ncerely, ~
--ALBERT H. QUIE
GOVERNOR
PROPOSED CHANGE IN THE METHOD OF MAKING
PA¥IqENTS OF AIDS AND CREDITS TO LOCAL GOVERNMENTS
Under the current system, the state budgets and "guarantees" payment
of aids and credits. Recent economic conditions demonstrate clearly,
however, that the state cannot guarantee its revenue.
Thus, the state and local partnership means that, while the state will
continue to budget large amounts of money for local government, local
government must recognize that payment of the budgeted amounts must be
tied to state income.
Therefore, a new payment procedure is proposed for schools and other
local governments.
Payments to local governments--cities, towns and counties--appropriated
in fiscal year 1983 total about $510 million. However, actual payment
of this amount would be based on the actual sales tax collections com-
pared to the anticipated sales tax collections.
For example, if sales tax revenues were 3% short of estimates, then 3%
of the $510 million or $15.3 million would not be paid.
On the other hand, if sales tax revenues exceeded estimates by 3%, then
3% or $15.3 million extra would be paid out.
Shortfalls or gains under this proposal would be limited to 5% in the
Tollowing way.
A Local Government Fund is established. When the sales tax collections
exceed estimates by more than 5%, money accumulates in the reserve fund.
When sales tax collections fall short of estimates by more than 5%, money
is used from the reserve fund to keep the payment loss at 5%.
If reserve funds are insufficient to keep the reduction at 5%, the. avail-
able funds shall be prorated as necessary.
The reserve, which would accumulate in the fund, would be limited to a
maximum of 10% of the sum of the amounts appropriated to local governments.
Payments subject to this payment provision are Local Government Aid,
Homestead Credit Replacement Aid (including Wetlands Credit, Native
Prairie Credit and Reduced Assessment Credit), Commercial/Industrial
Replacement Aid and Attached Machinery Aid.
A further change is proposed. The $510 million total appropriated fOr
fiscal year 1983 is 48% of the sales tax net collections for fiscal year
1983. The proposal establishes future appropriations as the same percent
of net sales tax collections as established for fiscal year 1983.
The proposal for schools is tied in a similar way to the General Fund
exclusive of the sales tax.
A.THoMAs WURST
GERALD T. CARROLL
CURTIS A. PEARSON
THOMAs F. UNDERWOOD
ALBERT FAULCONER ~T
JA~IES D. L. ARSON
LAW OFFICES
WURST, CARROll & PEARSON
PROF'£~i ~IONAL ASSOCIATION
MINNEAPOLIS, MINNESOTA 5540~
January 27, 1982
TELEPHONE
(61E) 338-8911
Mr. Jon Elam, City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Re: Lots 13A and 13B, Brookton Addition
Dear Jon:
You will recall that on December 28, 1981, Howard L. Kaplan,
a St. Paul lawyer, sent to you a quit claim deed from Sears
Imported Autos, Inc. to the City of Mound for Lots 13A and 13B,
Brookton. The City Council considered this matter and reluctantly
decided to have the deeds recorded.
I have now gone to the courthouse and attempted to file the
deed. I cannot file the deed for the following reasons:
The fee owner to the land is Fred B. Olson and others, and
in addition thereto Lot 13A has delinquent taxes for the years 1980
and 1981, and Lot 13B has delinquent taxes for the year 1981. Unless
the City were desirous of paying those amounts, we cannot record
the deed.
Since the City was not very enthusiastic about the property to
start with, it may be just as well that you let it go tax forfeit
and the City can then claim the lots if desired without having to
pay delinquent taxes. In addition thereto, if Sears Imported Autos,
Inc. was purchasing this property from Fred B. Olson and others
on a contract for deed, then they would have to get a deed from
those persons to Sears Imported Autos, Inc. I am sending a copy
of this letter to Mr. Kaplan to advise him that the City cannot
and will not be recording the deed under these circumstances.
Very truly yours,
Curtis A. ~earson
CAP: Ih
ccv Mr. Howard L. Kaplan