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1984-06-26 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, JUNE 26, 19U4 COUNCIL CHAMBERS 2. 3. 4. Approve Minutes of June 12, 19~4, Regular Meeting PUBLIC_HEARING: Delinquent Utility Bills for June Report from Public Works Building Study Committee CASE~#84-332:. Howard J. Hagedorn, 3830 Trenton Lane, Ln., Plymouth - Vacant Lot East of' 1736 Shorewood Lane Request: 14 Foot Front Yard Variance CA~E~#84~33~: Steve & Jacquelyn Spencer, 3017 Longfellow, Lot 3, Block 8, The Highlands Request: 2 Foot Side Yard Variance CASE.#84-33~: Leroy & Nancy Poetz, 1620 Eagle Lane, Lots 6 & 19, N 1/2 of 18, Block 11, Woodland Point Request: 5 Foot Front Yard Variance C__ASEJ#84~337; Richard Sufficool, 2072 Shorewood Lane, Lots 13 & 14, Block 1, Shadywood Point Request: Floodplain Variance - 4.7 Existing Side- yard Variance & Lakeside Variance Application for Gambling Permit - Our Lady of the Lake Catholic Church Application for a Charitable Organization 3.2 Beer Permit - Our Lady of the Lake Catholic Church Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. 10. 11. Comments & Suggesttions from Citizens Present - Herb Wolner Commercial Dock Application - Surfside, Inc. Pg. Pg. Pg. Pg. 12. Street Light Request 13. 14. Approval of 1984 Administrative Code Petition for Reconsideration of Rate Refunds - Continental Telephone - Discussion Pg. 1636-1650 1651 1652-1656 1657-1669 1670-1678 1679-1691 1692-1700 1701-1702 1703 1704 1705 1706-1709 1710-1734 1735-1738 Page 1634 15. Consideration of Appointment of a Councilmember to Westonka Senior Citizens, Inc. Pg. 16. Amendment to Chapter 46 of the City Code - No parking East side of Island View Drive between Clyde and Dorchester. Pg. 17. Payment of Bills pg. 18. M!SCELLANEOUSZINFOR~ATION A. Planning Commission Minutes - June 11, 19~4 Pg. B. Memo from City Manager on 1984 Work Comp. Rate Pg. C. Dock Program Update Pg. D. Announcement of Met. Council Regional Meeting' Pg. E. Memo from West Hennepin Human Services Pg. F. Breakdown of Contributions from Gift Catalog Pg. G. AMM 1983-84 Annual Report Pg. H. Memo from Community Services - Re: Senior Citizen Funding Pg. I. Letter from Senator Boschwitz Pg. J. Public Services Redesign Project Memo Pg. K. Letter from Hennepin County - Re: Town Square Pg. L. Legion Post #398 Gambling Report Pg. M. Evenson-Dodge Financial Report Pg. N. Twin Cities Labor Market Report - June Pg. O. Minnehaha Creek Watershed Agenda - June 12, 1984 Pg. Minnehaha Creek Watershed Minutes- May 17, 1954 Pg. 1739 1740 1741 1742-1747 1748-1758 1759 1760 1761 1762 1763-1780 1781 1782-1783 1784-1795 1796 1797 1798-1799 1800-1803 1804-1805 1806-181 9 Page 1635 108 June 12, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota met in regular session on June 12, 1984, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen, and Gary Paulsen. Councilmember Russ Peterson was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, rity Engineer John Camerson, City Clerk Fran Clark, Finance Director Sharon Legg, Building Inspector Jan Bertrand and the following interested citizens: Ken Weber, Linda Kohl, Gary Shaleen, Merritt Geyen, Larry Connolly, Kathy Kluth. The Mayor opened the meeting and welcomed the ~people in attendance. MINUTES The Minutes of the May 8, 1984, Regular Meeting; the May 15, 1985, Special Meeting; the May 22, 1984, Regular Meeting; and the May 29, 1984, Board of Review were presented for consideration. Charon moved and ?aulsen seconded a motion to approve the Minutes of the May 8, 1984, Regular Meeting; the May 15, 1984, Special Meeting; the May 22, 1984, Regular Meeting; and the May 29, 1984, Board of Review, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING; PROPOSED VACATION OF CANARY LANE FROM WOODLAND ROAD.SOUTH.TO.JENNINGS ROAD The City Manager explained that this vacation has been requested by Mr. Ken Weber who recently purchased Lots 3, 4, 19, 20, 21 and 22 Block 3, Woodland Point. He has purchased this property with the intent to build a home and wants Canary vacated from Woodland Road South to Jennings Road so that he will be able to.landscape and blend it into the land. The City Engineer ~ecommended vacation retaining a ten foot drainage easement (five feet on either side of the centerline of Canary). The Planning Commission recommended approval of this vacation. The Mayor opened the public hearing and asked for any comments for or against the vacation as presented. Ken Weber - the applicant was present and stated he is in favor of the vacation. Linda Kohl - 5149 Woodland Road, stated she is also in favor of the vacation. 109 June 12, 1984 The Mayor closed the public hearing. Charon moved and Paulsen seconded the following resolution: RESOLUTION ~84-86 RESOLUTION VACATING CERTAIN STREET EASE- MENT OF CANARY LANE FROM WOODLAND ROAD SOUTH TO JENNINGS ROAD The vote was unanimously in favor. Motion carried. PUBLIC HEARING;..PROPOSED AMENDMENT TO SECTION 23.604,4.OF.THE ZONING.CODE RELATING TO.SWIMMING POOLS The City Manager explained that this proposed amendment will deal __ _ with an oversight in ~he. new Zoning Ordinance dealing with swimming pools in R-l, R~2, R-3 and R-4 zoning districts. ?he following would be added: Private swimming pools having a water depth of two (2) feet or more which are operated for the enjoyment and convenience of the residents of the principal use and their guests provided that the following conditions are met: 1. Pools should be located not less than fifteen i15) feet from any rear property line, ten (10) feet from any side yard property line and in the case of corner lots, not less that fifteen (15) feet from a side street property line. all pools shall be at least twenty (20) feet from a principal building on an adjoining lot. e No private pool shall extend forward to the established front building line. The swimming pool Shall be entirely enclosed by a protective fence or other permanent structure not less that five (5) feet nor more than six (6) feet in height. Such protective enclosure shall be maintained by locked gates or entrances when the po01 is not tended by a qualified and responsible person. The Mayor opened the public hearing and asked for any comments for or against the proposed ordinance amendment. There were none. The Mayor closed the public hearing. The Council discussed the reasons for this amendment. Jessen moved and Paulsen seconded the following resolution: ORDINANCE ~463 AN ORDINANCE AMENDING CHAPTER 23, SECTION 23.604.4 OF'THE CITY CODE RELATING TO SWIMMING POOLS CASE_~84~338:__DARYL.GEYEN,_5201_PIPER_ROAD_(AL_&_ALMA'S), TEMPORARY_SIGN_PERMIT The City Manager explained that these are temporary signs for the time the Black Lake Bridge is under construction. They should be placed on private property only and not the public right-of-way. The City Manager noted that since the signs are less than 9 square feet~they are in compliance with the ordinance and a · permit is really not needed. Thus, a refund of the $50.00' should be authorized. Paulsen moved and Jessen seconded a motion to authorize a refund of $50.00 for a sign variance application to Daryl Geyen because the application was not necessary. The vote was unanimously in favor. Motion carried -- - DISCUSSION.REALIGNMENT_OF.LYNWOOD_BLVD,.BETWEEN.COMMERCE_BLVD. AND ~LMONT City Engineer John Cameron explained that they have now investigated the possibilities of realigning Lynwood Blvd. from Commerce Blvd. to Belmont Lane. Lynwood Blvd. is a Municipal State Aid road and therefore, any improvements undertaken could be paid for by State funds. He submitted a preliminary sketch showing the suggested new alignment for Lynwood Blvd. The proposed alignment would require the City to acquire the bakery adjacent to the City owned Anderson building, a small portion of Super Valu's parking lot and also a 10 foot strip along Lots 6 through 11. There is a good possibility that the acquisition of these properties ~could be done with MSA funds, although the only way to know for sure is for the City to submit a council approved right-of-way plan to the State. He noted that MSA funds would only pay for the purchase price, the City must stand all other expenses such as appraisal fees, attorney fees, closing costs, etc. The Engineers are recommending the proposed alignment because from a design and safety standpoint the westerly end should line up with the section of County Road 15 which goes west. This also holds true with the east end at the intersection with Belmont Lane. He then presented the-cost estimates for the improvement of Lynwood Blvd. and Belmont Lane. He qualified the' storm sewer estimate because nothing has ever been done in that area. The City Engineer stated that if the City wishes to proceed with this project,.'the first step would be to prepare a right-of-way plan for approval by the City Council and then submit it to the State. Then the State determines if the properties to be acquired for right-of-way are eligible for payment from MSA funds. After that would come the preparation of the construction plans. June 12, 1984 Charon moved and Paulsen seconded a motion to deny the request of James Rafferty for a lot split/subdivision of Lots 2,3,34 and 35, Block 15, Arden (PID #'s 24-117-24 43 0025, 24-117-2q 43 0026, 24-117-24 44 0173 and 24-117-24 44 0174) because it would be creating 2 nonconforming lots (frontage would not be adequate. The vote was unanimously in favor. Motion carried. REFUND_REQUEST_-_CONDITIONAL_USE_APPLICATION,_VFW_POST_5113 The City Manager explained that the VFW applied for a Conditional Use Permit to allow Western Tree Service to use their property for storage. Since the application was filed, Western Tree Service decided to move their operation to another location out of town, thus the refund request. Charon moved and Jessen seconded a motion to authorize a refund of $200.00 to VFW Post 5113 for their application for a Conditional Use Permit. The vote was unanimously in favor. Motion carried. CASE.tS~r336:__GARY_L._SHALEEN,_1687_EAGLE LANE,_LOTS_10_&_11, BLOCK.3,.DREAMWOOD~_3 FOOT_FRONT_YARD_SETBACK VARIANCE The City Manager explained that this request is to allow the applicant to construct a 10 x 12 foot deck on the south side of his newly constructed home. The deck would be within 21 feet of the front property line. The Zoning Code Section 23.408(5) allows one front yard to be reduced to 20 feet for a lot width of 51-80 feet on a corner lot of record. The R-3 Zoning District Section 23.610.5(3) allows a front yard setback to be reduced to 24 feet for a lot depth of 61-80 feet on lots of record from 30 feet for the R-3 district. The setback should be 20 feet and 24 feet. Thus, the 3 foot front yard setback variance. The Planning Commission recommended approval of this variance. The Council discussed conditioning the variance so that the applicant can only construct an unenclosed deck without additional variance approval. Charon moved and Jessen seconded the following resolution: RESOLUTION #84-87 RESOLUTION TO APPROVE A 3 FOOT FRONT YARD SETBACK VARIANCE FOR LOTS 10 & 11, BLOCK 3, DREAMWOOD, TO CONSTRUCT AN UNENCLOSED DECK ONLY The vote was unanimously in favor. Motion carried. June 12, 1984 Charon moved and ?aulsen seconded the following resolution: RESOLUTION #84-90 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL STATEMENT FOR 1983 The vote was unanimously in favor. Motion carried. A?PROVAL_OF_PERMITS_&_LICENSES 3.2.BEER_PERMIT_-_FIRE_DEFT. Jessen moved and Charon seconded a motion to approve a 3.2 Beer Permit for the Mound Volunteer Fire Dept. for June 16 & 17, 1984. The vote was unanimously in favor. Motion carried. RENEW~L_OF_CLuB_LIcsN$~$ The City Manager reported that the Police Dept. has observed that the YFW is staying open after hours. They will be notified that this is against the Statutes and the City Ordinances and if the practice continues, steps will be taken to revoke their license. Jessen moved and Paulsen seconded a motion to approve the renewal of Club Licenses for the Chamberlain Goudy VFW Post ~5113 and the American Legion Post ~398. The vote was unanimously in favor. Motion carried. RENEWAL_OF_$ST~UP_LICENSES Charon moved and Polston seconded a motion to approve the renewal of Set-Up License for A1 & Alma's Supper Club. The vote was unanimously in favor. Motion carried. WINE.LICENSE_RENEWALS Jessen moved and Paulsen seconded a motion to approve the renewal of Wine Licenses for A1 & Alma's Supper Club and the House of Moy. The vote was unanimously in favor. Motion carried. ~ CIGARETTE~&_ENTERTAIN~ENT_LICENSES The Light House (formerly Three Point Tavern) is asking for renewal of these licenses. The Council discussed the unmet conditions in the Conditional Use Permit. They also discussed the notice that was given to them on the grand opening set for June 23, where they are planning to have live bands outside from 10:00 a.m. to 4:00 p.m. Mayor Polston stated he was not in favor of this because it would disturb the neighbors. 113. June 12, 1984 The Council discussed the project in detail and asked that both Lynwood and Belmont be done at the same time. Paulsen moved and Charon seconded the following resolution: RESOLUTION ~84-88 RESOLUTION DIRECTING THE ENGINEER TO PREPARE A RIGHT-OF-WAY PLAN FOR THE REALIGNMENT OF LYNWOOD BLVD. BETWEEN COMMERCE BLVD. AND BELMONT LANE, INCLUDING THE UPGRADE OF BELMONT LANE The vote was unanimously in favor. Motion carried. ~0MMENTS.&_SUGGgSTIONS_FROM.CITIZEN$_PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. The City Council all complimented Larry Connolly on the fine parade and activities that were held the weekend of June 9th. The City Manager commended Larry on the clean-up his crew did after the parade. REQUEST_FOR~STREET.LIGHT AT_THE_WESTERN_END.OF_NORTHERN_ROAD The City Manager stated that a request was received for a street light to be instailed on the west end of Northern Road. Officer Ewald checked with the residents of that area and the feeling was that a street light is needed for the area because it is so dark. Charon moved and Jessen seconded the following resolution: RESOLUTION ~84-89 RESOLUTION AUTHORIZING THE INSTALLATION OF A STREET LIGHT AT THE WEST END OF NORTHERN ROAD The vote was unanimously in favor. Motion carried. REVIEW_OF_AUDIT_MANAGEMENT_LETTER The City Manager went over different items in the letter with the Council. The General Fund balance increased by approximately $180,000 in 1983 and the Auditor recommends that the City continue to improve this financial condition to provide working capital and cover revenue shortfalls or unanticipated expenditures. The Finance Director stated that the only item the City still needs to establish is general fixed asset records. Records have been kept since 1981 but we need to go back and tag every tangible item, land, etc. and find the original costs. i.i 6 June 12, 1984 Black Lake Bridge will be approximately 4 months. This confirms the City's fears that it will be at least the end of September, if the weather cooperates, before completion. This was an information item only. The City Manager then informed the Council that he has just learned that the MTC has cancelled all bus service on Island Park even though they have a route that could loop the service. The reason, because according to the MTC, is that they have not received enough flack from the public. The Council suggested that the City Manager contact Sandra Garbering of the Metro Council regarding this problem with the MTC. .~.~YMENT.OF~BILLS The bills were presented for consideration. Charon moved and Paulsen seconded a motion to approve the payment of bills as presented on the pre-list in the amount of $159,731.17, when funds are available. A roll call vote was unanimously in favor. Motion carried. SIDEWALK~SAFETY The City Manager called the Council's attention to the response he received from Hennepin County regarding the City's letter on crosswalk safety. He then asked the Council what they would like to see done to make the crosswalks in Mound safer. Councilmember Paulsen thought that flashing lights should be installed at the crosswalk near 2020 Commerce Blvd. The City Manager stated that he will research the costs, etc. The Council then discussed the other crosswalks in Mound. The City Manager presented the idea of having signs stating that people are entering a Pedestrian Safety Zone at the Post Office, 2020 Commerce Blvd. and the Surf side each to have flashing lights. The Council agreed this may be the best idea. The City Manager will check into having the County do this for us and the costs involved. ~ ~PPOINTME~T_OF RECYCLING~COMMITTEE The following names were submitted by Kathy Kluth to be appointed to the Recycling Committee: Karol Richmond, Margaret Erickson, Jackie Meyer, Claude Clements and Cheryl Burns. Charon moved and Paulsen seconded the following resolution: RESOLUTION ~84-93 RESOLUTION APPOINTING 5 PERSONS TO THE RECYCLING COMMITTEE 115. .. June 12, 1984 Charon moved and Jessen seconded a motion to extend the Cigarette License, Entertainment License and the Conditional Use Permit to The Light House until September 1, 1984, at which time the conditions in their Conditional Use Permit will be reviewed to see if he has met all the conditions. The vote was 3 in favor with Mayor Polston voting nay. Motion carried. TEAN$IENT_LICENSE Charon moved and Jessen seconded a motion to approve a Transient Merchant License to Tim Shore {Blue Bell Ice Cream, Inc.). The vote was unanimously in favor. Motion carried. LOGI$.~EMBERSHIP The City Manager explained that Mound is now eligible for a full membership to LOGIS (Local Government Informational Systems Association) and that we should have our membership upgraded so that we could have move involvement in the decisions of this group. Charon moved and Paulsen seconded the following resolution: RESOLUTION ~84-91 RESOLUTION REQUESTING AN UPGRADE OF MEMBERSHIP FROM ASSOCIATE TO FULL MEMBERSHIP IN LOGIS The vote was unanimously in favor. Motion carried. REFUNDS_FOR~VARIANCE~APPLICATION_FEES The City Manager explained that because of an interpretation of a section of the Zoning Ordinance on where certain properties have frontage on an improved public right-of-way, 2 applications for variances were granted but were not needed (Resolutions #83-137 and 83-144). These variances need to be cancelled and refunds given. Charon moved and Paulsen seconded the following resolution: RESOLUTION ~84-92 RESOLUTION TO NULLIFY RESOLUTION #83-137 - 5226 LYNWOOD BLVD. AND RESOLUTION ~83-144 - 4424 DENBIGH ROAD AND AUTHORIZE REFUND OF FEES The vote was unanimously in favor. Motion carried. CONSTRUCTION_NOTICE_ON.BLACK.LAKE_BRIDGE The City Manager presented a notice from Hennepin County stating that the temporary closure of CSAH 125 for the replacement of the i.i 8 June 12, 1984 to refund everyone in the entire Continental Phone System the same refund even though individual exchange rates vary and in fact, some people will get a refund even when the final rates increased over the interim rates. This means that Mound customers will only receive a credit of approximately $8.03 instead the actual credit due. He is recommending that Mound appeal this decision. The Council agreed. Paulsen moved and Charon seconded a motion authorizing the City Attorney to appeal the decision of the Minnesota Public Utilities Commission on the refund in the Continental Phone Co. rate case. The vote was unanimously in favor. Motion carried. INFORMATIOn/MISCELLAnEOUS Ae Hatching Small Business - Article from Planning, May 84, which the City Manager will work with HUD to obtain money to do this in Mound. Letter from MWCC regarding the Boland Report. MWCC Newsletter - April 1983. D. Westonka Chamber Newsletter - June 1984. E. Report on League of Cities Local Government Aid Task Force. F. Westonka Seniors, Inc. Newsletter - June 1984. G. Metropolitan Council "Review" Newsletter - May 11, 1984 and May 25, 1984. H. LMCD Minutes - April 25, 1984. I. LMCD 1983 Boat Survey. J. LMCD Variance Application for Barry Krelotz and Variance Approval for A1 & Alma's K. Ehler & Associates Newsletter - June Ce League of Cities Action Alert - Highway Jurdisdiction Study Commission Hearings. M. New Stores RE: Parade. Economic Development Grants and Sweeper's N. Memo from City Attorney regarding Town Square. O. State Planning Agency Newsletter. 117. June 12, 1984 The vote was unanimously in favor. Motion carried. TAX_FORFEIT_LAND_-_ASSESSMENTS The City Manager explained that the County has now started to notify property owners adjacent to tax forfeit land that they will be conducting private sales on parcels that are unbuildable, undersized, etc. The problem is that some of these properties had assessments against them before forfeiture which were cancelled at the time of forfeiture. When the City releases these parcels for private sale, it certifies these assessments and any assessment since forfeiture to the County. We don't want to cancel the assessments from before forfeiture before the sale because the City receives 80% of the appraised value to be applied to the assessments. The problem is that the majority of the property to be sold to adjacent property owners is. worth very ..... little and the assessments before forfeiture are most times more than the property is wortH. After the property is sold and the 80% applied, the City then has the right to reassess the property for the balance of the assessments. The potential owners, then will not buy the property with the prospect of all these added assessments. Thus, the question is! Do we want to make a committment to ~the people intending to purchase the property that we will cancel the balance of the older assessments after they buy the lot. Since our goal is to get this proper~y back on the tax roles and help. a number of people make their property conforming, the'Staff is recommending that we assure these people that we will not reassess them after they purchase property. The Council discussed the problem and decided to have people who purchased undersized lots come in and petition the Council to cancel the remaining assessments after they purchase the property. This policy will only apply to undersized lots, not to lots that are buildable and for some other reason cannot obtain a building permit. Charon moved and Paulsen seconded the following resolution: RESOLUTION RESOLUTION SETTING A POLICY ON ASSESSMENTS PLACED ON TAX FORFEIT PROPERTY BEFORE FORFEITURE The vote was unanimously in favor. Motion carried. CONTINENTAL_TELEPHONE.RATE_CASE.UPDATE City Attorney Jim Larson, was present and explained that the Public Utilities Commission has handed down their decision on the rates and set them at $24.45 per month. That should have meant that each Mound customer would receive a credit of approximately $42.35 on their future bill's. Unfortunately, the Minnesota Public Utilities Commission did not see it that way. They voted BILLS ....... JUNE IZ, 19~ Air Comm Allstar Electric Acro-MN Blackowiak & Son Holly Bostrom Bury & Carlson Donald Bryce Butch's Bar Supply Ronald Bostrom Bradley Exterminating Bowman Distribution Janet Bertrand Conway Fire & Safety Coca Cola City Club Distributing City Wide Services Cash Register Sales Copy Duplicating Prod Chapin Publishing Robert Cheney Century Auto Body Dependable Services Duane's 66 Service Day Distributing East Side Beverage Jon Elam First Bank Mpls Flowers By Helen Griggs Beer General Safety Equip Gager, Inc Henn Co. Treas Henn Co. Sheriff Dept Herc-U-Lift, Inc. Illies& Sons Internatl City Mgmt Assn Kromer Co. Kool Kube Ice Kelly Services Lowells Auto Parts The Laker Lutz Tree Service Metro Fire Equip Marina Auto Supply Mound Fire Dept Mound Super Valu Wm Mueller & Sons City of Mound Metro Fone Communications Mpls Star & Trib Navarre Hdwe Northern States Power North Star Waterworks Minnetonka Refrig Metro Waste Control Linda Nelson Robert Olson 162.60 273.61 333.58 95.50 326.OO 489.60 1OO.OO 294.40 6.50 19.OO 193.85 143.75 31.89 4O2.97 5,972.15 10.75 131.59 15.OO 94.49 367.OO 30.O0 33.00 42.00 4,590.30 4,523.70 32.47 4OO.OO 20.00 1,970.60 1,711.35 106.38 1,841.OO 137.10 56.14 4,8OO.OO 27.90 82.40 175.80 497.35 44.OO 316.78 3,945.O0 8,493.00 584.14 4,584.15 42.66 2,209.10 24.00 23.60 71.40 193.22 4,460.96 142.74 75.5O 29,986.80 5O.OO 35.OO EOb MC~ulre Mound Postmaster .. A.J. Ogle Pepsi Cola/7 Up Pogreba Distributing Pitney Bowes Credit Royal Crown Beverage Reo Raj Kennels Real One Acquisition Satellite Industries Nels Schernau Shepherds Rental Rugs Spring Park Car Wash Sterne Electric The Sun Newspaper Seton Name Plate Corp Soil Exploration Suburban Tire J.L. Shiely Co. Solidification Inc Twin City Home Juice Thrifty Snyder Drug' Thurk Bros. Chev Thorpe Distrib. Univ of MN Unitog Rentals Van Doren, Hazard, Stallngs Waconia Ridgeview Hosp Western Tree Serv. Water Products Co. Widmer Bros. Warner Hdwe Wallin Heating Williams Cabinets Xerox, Inc. R.L. Youngdahl Marlys Annis Commiss of Revenue Consolidated Micrograph Bill Clark Oil Joseph Dutton Dock Refunds Judy Fisher Firemen-Conference Engle Fabrication Griggs Cooper Steve Grand House of Moy Henn Co. Treas Hilary Hortsch Gerald Henke House of Moy Steven Henthorne Johnson Bros. Liq Robert E. Johnson Robert E. Johnson Delbert Rudolph Delbert Rudolph Ed Phillips & Sons IUU.UU 706.32 661.90 383.25 4,582.40 26.00 264.55 463.00 7o8.o5 549.16 8.14 21.45 109.00 164.o2 13.oo 411.24 9oo.oo 79.14 125.35 288.oo 52.50 15.99 32.37 4,716.55 225.00 328.59 1,049.50 94.30 1,535.50 189.08 978.72 122.08 34.54 1,53o.oo 219.04 4,971.0o 5o.oo 4,438.97 3.96 1,686.67 67.33 150.00 35.00 2,380.o0 14,148.00 4,276.02 6.oo 47.00 5.oo 35 00 8 38 28 62 22 25 4,7o2 27 692 38 621 86 247 5~ 246 5, 2,934 62 (cont) 1.19 June12,1984 Wastewater Flow Verification Program Report - The Council decided to have a discussion meeting on this subject after the Board of Review on June 18, 1984. June Calendar Charon moved and Paulsen seconded a motion to adjourn at 10:15 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, City Clerk 22 332 2208 O1 22 235 2401.41 22 238 4924 72 22 23815005 42 22 259 4949 O1 22 259 5237 91 22 259 5892 11 22 259 5901 02 22 259 6070 31 22 265 3053 91' 22 268 5909 41 22 277.5853 51 22 286 5949 21 22 292 6033 21 22 298 2965 62 22 310 2630 91 22 310 3136 61 22 '313 62'16 71 22 317 3016 51 22 343 2281 21 22 361 2346 51 22 373 5063 81 22 388 50O5 72 22 388 5061 O1 22 397 2539 93 22 404 4867 61 22 404 5092 01 Delinquent Water and Sewer $ 65.10 110.12 96.56 117.34 61.18 100.47 94.54 73.32 59.19 84.88 59.52 453.09 95.57 75.68 52.92 168.60 160.14 74.29 131.12 100.15 77.44 98.98 46.79 122.46 86.68 53.68 145.26 6-20-84 6-20-84 22 232 2208 Ol 22 235 2401 41 22 238 4924 72 22 238·~5005 42 22 259 4949 O1 22 259 5237 91 22 259 5892 11 22 259 5901 02 22 259 6070 31 22 265 3053 91' 22 268 5909 41 22 277 5853 51 22 286 5949 21 22 292 603321 22 298 2965 62 22 31o 2630 91 22 310 3136 61 22 313 6216 71 22 317 3016 51 22 343 2281 21 22 361 2346 51 22 373 5063 81 22 388 5005 72 22 388 5o61 O1 22 397 2539 93 22 404 4867 61 22 404 5092 O1 Delinquent Water and Sewer Ron Anderson Zeb Hanson Larry Gudvangen Mike Woodhall Herbert Miller John Zambori Duane Raze Lois Hanrahan Perry Ames M. Amundson Dick Janke Kevin Morgan Jadkie Rolland Todd Warner Ron AnderSon W. Lang Shirley Woytcke Richard Melnory Chester Pirk John Royer Charles Carlson C Kelly Robert Mack Randall Giese Doug Evanson A. Barrett Paul Neuschwander paid Paid $ 65.10 110.12 96.56 117.34 61.18 100.47 94.54 73.32 59.19 2208 Fairview Ln. 2401 Chateau Ln. 4924 Edgewater Dr. 5005 Edgewater Dr. 4949 Bartlett Blvd. 5237 Bartlett Blvd. 5892 Bartlett Blvd. 5901 Bartlett Blvd. 6070 Bartlett Blvd. ~g.~pS~ ~['~'0~5~3 Bryant Ln. 59.52 ·453.09 95.57 75.68 52.92 168.60 160.14 , 74.29 ,131.12 Paid 100.15 77.44 98.98 46.79 122.46 Pai:d $~0.00 86.68 53.68 Paid 145.26 2865.07 5909 Glenwood Rd. 5853 Fairfield Rd. · 5949 Hawthorne Rd. 6033 Cherrywood Rd. 2965 Oaklawn Ln. 2630 Westedge Blvd. 3136 Westedge Blvd. 6216 Bayridge Rd. 3016 Highview Ln. 2281 Commerce Blvd. 2346 Cypress Rd. 5063 Woodridge Rd · 5005 Avon Dr. 5061 Avon Dr. 2539 Emerald. Dr.. 4867 Shoreline Dr. 5092 ~?oreline Blvd. 6-20=84 22 232 2208 O1 22 235 2401 41 22 238 4924 72 22 23815005 42 22 259 4949 O1 22 259 5237 91 22 259 5892 11 22 259 5901 02 22 259 6070 31 22 265 3053 91' 22 268 5909 41 22 277 5853 51 22 286 5949 21 22 292 6033 21 22 298 2965 62 22 310 2630 91 22 310 3136 61 22 313 6216 71 22 317 3016 51 22 343 2281 21 22 361 2346 51 22 373 5063 81 22 388 5005 72 22 388 5061 01 22 397 2539 93 22 404 4867 61 22 404 5092 O1 Delinquent Water and Sewer Ron Anderson Zeb Hanson Larry Gudvangen Mike Woodhall Herbert Miller John Zambori Duane Raze Lois Hanrahan Perry Ames M. Amundson Dick Janke Kevin Morgan Jackie Rolland Todd Warner Ron Anderson W. Lang Shirley Woytcke Richard Melnory Chester Pirk John Royer Charles Carlson C Kelly Robert Mack Randall Giese Doug Evanson A. Barrett Paul Neuschwander $ 65.10 11o.12 96.56 117.34 Paid 61.18 * 100.47 94.54 73.32 59.19 84.88. Paid 59.52 453.09 95.57 75.68 52.92 168.60 160.14 , 74.29 ,131.12 Paid 100.15 77.44 98.98 46.79 122.46 Pa~d $~0.00 86.68 53.68 Paid 145.26 2865.O7 $2448.96 2208 Fairview Ln. 2401 Chateau Ln. 4924 Edgewater Dr. 5005 Edgewater Dr. 4949'Bartlett Blvd. 5237 Bartlett Blvd. 5892 Bartlett Blvd. 5901 Bartlett Blvd. 6070 Bartlett Blvd. 5053 Bryant Ln. 5909 Glenwood Rd. 5853 Fairfield Rd. 5949 Hawthorne Rd. 6033 Cherrywood Rd. 2965 Oaklawn Ln. 2630 Westedge Blvd. 3136 Westedge Blvd. 6216 Bayridge Rd. 3016 Highview Ln. 2281 Commerce Blvd. 2346 Cypress Rd. 5063 Woodridge Rd 5005 Avon Dr. 5061 Avon Dr. 2539 Emerald Dr. 4867 Shoreline Dr. 5092 Shoreline Blvd. BI. LLS .... June 12, 1984 (cont) '.'. Quallty Wine Howard Simar Nels Schernau Thurk Bros. Chevrolet Bruce Wold 2,24(::,.(:,2 555.OO 23.65 7,300. o0 290.00 TOTAL BILLS 159,731.17 for the City Council. The first Committee Meeting was held on April 16, 19U4. This meeting was a short orientation session reviewing the Council charge to the Committee, potent±a± problems, and discussing ways the Committee might operate. On April 23rd, the Committee met for the second time to do site visits to all the existing City facilities. These included, the "Anderson Building" downtown, the Lost Lake storage area, and the existing Public Works facility in Island Park. Tours of these si~es were conducted by the Depar~men~ Heads (Streets, Parks, Utilities and City Garage). Included in this tour was a drive past all of the sites explored in the previous City Consultant's report on the Public Works building. The next session was held on Apr±± 30th. The Committee discussed the previous weeks tour and attempted to develop a beginning consensus. It was recommended that a questionnaire be developed and sent to the Committee members, covering the various options. From this, a list of the areas in conflict might be discussed further. Questions were turned in and discussed on May 14th, and from those, the beginning framework of this report were evaluated. Drafts of the report were sent to all Committee members who signed off on it before it was submitted to the City Council. CITY of MOUND June 12, 1984 5341 M, AYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO- FROM: Honorable Mayor and City Council Public Works Building Study Committee On March 27, 1984, the Mound City Council authorized and appointed a Public Works Building Study Committee. This Committee was createa for the purpose of analyzing several impor~an~ community questions in the Public Works area. These questions include the following: a. Are the pres'ent Public Works facilities adequate? b. If the answer to question "a" is no, then a recommendation concerning the present facilities needs to be developed. c. Explore and recommend a general site location for a Public Works building/facility. d. Develop some basic criteria in terms of property and building size and projected cost. e. Make a recommendation as to the various financing approaches that could be used to finance a Public Works building/facility. With this as an Agenda, the Public Works Building Study Committee has met four times over the past two months to explore the Public Works building issue and attempt to develop some recommenda.~lons the City is enclosed on all sides, it is envisioned tha~ this facility will be a one time only expenditure and will meet the City's long-term needs. Because of the required size needed for a facility, sites located on the western edge of the City are suggested. Top priority would be to explore revising the City's former sewer lagoon located on Westedge Blvd. and use the three acre site for road access. At this time it is storing water an~ being overgrown with trees and swamp weeds. A second location could be the City owned three acre site located north of the Burlington-Northern Railroad tracks on the nor~n-sout~ section of Westedge Blvd. This site could be used sooner than the sewer lagoon because the City owns the property. It would also require less soil correction than the lagoon site. Other sites explored proved inadequate or potentially expensive. The Committee also recommends the continued use of the existing Island Park facility as either cold storage or as a City Shop/Garage. Improvements to this facility must also be undertaken to make this facility useable. These should include, instalixng new insulated electric doors and building insulation. The Council is urged to move ahead on thls project quickly as t~e loss of the Anderson Building and the Lost Lake site, both potentially eminent, wiii prove cos~!y to the City in REPORT SUMMARY 1. The present Public Works facilities are very inadequate and antiquated and must be improved. 2. A permanent location for a City Public Works facility must be developed to insure adequate care, in lieu of pres~4~t minimum care, of the City's onemillion dollar equipment inventory. 3. A centralized facility will insure increased employee efficiency, equipment maintenance, and provide a cost effective way for the City to manage its valuable and limited resources. 4. The City needs to move out of the "Anderson Building" on Commerce Blvd. and the Lost Lake storage yard on County Road 15 as soon as p6ssible. These two facilities con~rxbute to community blight and constitute a very poor use of the City owned land withxn the downtown area. The City's image would improve immediately if these existing uses could be elimxnated. 5. Funds that are generated from the sale or reuse of t~e "Anderson Building", the Lost Lake site and the balance of the three acre site should be dedicated toward the construction of a new Public Works facility. The remaining cost should come from a public bond sale. City Ueneral Fund reserves should ~ be used to pay for a Public Works Building. 6. A site of 100,000-150,000 square feet (2-3 acres) would be required to fully serve the City's Public Works needs. Since CASE NO. 84-332 CITY OF [~ound Minnesota Planning Commission Agenda of June 11, 1984: Board of Appeals ~ase No. 8~-332 Location' Vacant Lot East of 1736 Shorewood Lane Legal Desc~ Lot 21 as described on survey, Blk. 4, Shadywood Point Requestt 14 ft. front yard variance Zoning Dist.: R-2 Applicant Howard J. Hagedorn 3830 Trenton Lane Plymouth, tiN 55411 Phone~ 937-1193 ext. 5081 The applicant is a prospective buyer for the recent]y.subdivided Lot :21. He is requesting a 14 foot front yard variance to construct a dwelling and a detached accessory building within 6 ft. to the unimproved SUNRISE LA[IDItIG platted right-of-way. The zoning code Section 23.408(5) statesthat lots which abut two or more street shall provide the required front yards along every street (except for lots of record). The R-2 zoning district requires 20 foot front yard. The detached accessory bt~ilding setback for lakeshore lots section 23.407 (5lb allows an (8) eight foot front yard if the garage door(s) open to the side lot line. Comment¢ Mr. Kullberg at 1736 Shorewood Lane will need to relocate his driveway onto his property. The section 23,408(5) would allow a setback of 10 feet to one street front, if the lot width were 40-50 feet and the property was a lot of record prior to en- acting of the zoning code but the lot width at the 20 ft. setback is 50 to 55 foot wide. The lot is shallow considering'the lake- shore setback is required to be 50 ft. & 20 ft. to Shorewood which leaves an area of 38 feet ~ to put a structure. The side & front yards required of 29 feet would leave and area in wide of 29 feet, Recommend: Staff would recommed a 6 ft. to 10 ft. setback to the un- improved 40 ft. Sunrise Landing due to shallowness of the lot with the understanding that it is used by the abutting pro- perty owner as a driveway access and a public landing area for boats; mainly from the neighborhood. If the east setback is 6 ft. & the west sethack is 6 ft., the construction area would be .~ppr~imately 3~ ft. wide. .~he~topog~apby.of.the site is such that a detached garage would be placed higher on the lot with the dwelling approximately 6 ft. lower. The abutting neighbors have been notified. This item to be City Council Agenda for 6/26/84. ~/Jan Bertrand Building Official terms of lost storage space and the potential to have to pay high rent for interim storage facilities. The Committee, as its final recommendation, reminds the Council to delay this decision further will only result in added total costs in the future. It is estlmased tha~ just in the last 6-8 years, the cost of a Public Works facility may have doubled. This will occur again in the future. PLANNING COMMISSION MINUTES - June 11, 1984 Case No. 84-332 14 Foot..Front Yard Variance. on vacant lot east of 1736 Shorewood Lane - Lot 21 as described on survey, Block 4, Shadywood Point ~oward Hagedorn, Keitb 'Kullberg and Dale Pixler.were present.' ~he Building Official explained that Sunrise Landing is an unimproved public r'i. ght?of-w~y and because this lot is on this right,of-way and also on Shore- wood Lane and in the R-2 Zoning District, two 20.foot front yard.setbacks are requI'red,. The applicant is requesting.a 14 foot front yard variance so he can construct a dwelling.and a detached garage building within 6 feet of Sunrise Landing. The lot,width ~at th~ proposed b'u~lding line for the house is approxi- mately 53 feet. The bay window and fireplace are ornamental features which are allowed in the side yard.provided they do not extend more than two feet into a yard. .Garage doo~s would open.to the north. Sunrise Landing is'used for 'boats mainly~from, the neighborhood. Due to the lakeshore setback~of 50 feet 'and the st'reet front setback,.there is approximately 38 feet in which to put structure. Because of the topography of.t'he site, the detached garage would be placed higher on.the 'lot than the dwelli.ng. Pixler stated that these s~ruc- tu~es have been designed to fit the lot and make the best use of the site. Charon moved and Michael secohded a motion to approve the 14 foot front yard variance as.requested.. The vote was unanimously in favor. Jensen commented that this is a.recently subdivided lot and that we should look at: divisions to see if we ~re.creating buildable lots. This will be on City Council agenda June 26,'1984'. MAY 2 9 t98zl CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) 'Case NO.~/ '''~ ~' Fee Paid x_~d], Date ri led.,, Street Address of Property. Legal pescription of Property: Addi.tion Owner's Name Lot ..~/, ~_ ~ ~,(F~ ~.~uY~ ~.Block Day Phone No. Address Applicant (if other than owner): Address 3 ~ Type of Request: Variance ( ) Conditional Use Permit Zoning Interpretation & Review Wetland Permit ( ) P.U.D. Day Phone No. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: Present Zoning District ~- 7. Existing Use(s) of Property 8. Has an application ever been made for zoning, var~.~,ce, or conditional use permit or other zoning procedure for this property? a_~_~ If sb, list date(s) of list date(s) of application, action taken ~d provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. .'Signature of Applicant ,------ Date ~''~2¢-~ Planning Commission Recommendation: Date ~uncil Action: Resolution No. Date Request for Zoning Variance Procedure (2) ~Case # 84-332 D, Location of: Signs~ easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III. Request for a Zoning Variance Am All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property conform to all use regulations for the zone district in which it is located? Yes (~) No (' ) If "no", specify each non-conforming use: Do the existing structures comply with all area height and bulk regulations for the zone district in which it is located? Yes ( ) No (~) If "no", specify each non-conforming use: D. Which unique physical characteristics ~f the subject property prevent its reasonable use for any of the uses permitted in that zoning district? (Y~) Too narrow ( ) Topography ( ) Soil ( ) Too small ( ) Drainage ( ) Sub-surface ( ) Too shallow ( ). Shape - ( ) Other: Specify: E. Was the hardship described above created by t~e action of anyone having property interests in the land after the Zoning Ordinance was adopted? Yes ( ) No (~)x If yes, explain: F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes ( ) No(~ If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (~,.)'- No ( / If no, how many other properties are similarly affected? -_~ ... Ho What is the "minimum" modification ivariance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sh.e~ts, if n.eces~ar~y~_~._~. Will granting of the variance be materially detrimental to property in the same zone, or to the enforceme, nt of this ordinance? CASE 84-332 CASE 84-332 April 19, 1983 Councilmember Charon moved the following resolution: RESOLUTION NO. 83-59 RESOLUTION TO APPROVE THE SUBDIV.ISION OF LOTS 20 AND 21, BLOCK 4, SHADYWOOD POINT - PID #13-117-24 11 0020 - THAT WILL MAKE THE TWO LOTS CONFORMING WITH BOTH LOTS AT LEAST 6,000 SQUARE FEET .WHEREAS, an application to waive the subdivision requirements contained Section 22.00 of the City Code has been filed with the City of Mound, and WHEREAS, WHEREAS; said request for a waiver has been reveiewed by the City Counci and the Planning Commission, and it is determined that there are special circumstances affecting s~id property such that the strict application of the ordinance would deprive'the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to other owners, and WHEREAS, this subdivision will make each lot at least 6,OO0 square feet which is the proper square footage in the R-2 Zoning District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the request of Keith Kullberg for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide property of less than five acres, described as Lots 20 and 21, Block 4, Shadywood Point - PID .#13-117-24 11 0020 - is approved to be divided ad follows: PARCEL "AI' - That part of Lots 20 and 21, Block. 4, Shadywood Point, according 'to.the recorded plat thereof lying northerly of the following described line and its westerly extension: Commencin~ at the northwest corner of said Lot 21; thence southerly, al.ong the westerly line of said Lot 21 a distance of 5.00 feet to the point of beginning of the line to be described; thence deflect 86 degrees 55 minutes 11 seconds left to the easterly line of said Lot 20 and there terminating. PARCEL "B" - That part of Lots 20.and 21, Block 4, Shadywood Point, according to the recorded plat thereof lying southerly of the following described line and i'ts easterly extension: Commencing at the northwest corner of said Lot 21; thence southerly, along the westerly line of said Lot 21 a distance of 5.00 feet to the point of beginning of the line to be described~ thence deflect 86 degrees 55 minutes 11 seconds left to the easterly line of said Lot 20 and there terminating. 87 A~rill 19,./983- That any deficiencies on said property resulting.from division are to be paid in full or waivers signed. It is determined that the foregoi.ng division will constitute a desireable and stable community development and is in harmony with adjacent properties. 4. The owner shall submit as (EXHIBIT "A") a new survey showing the proper division. The City Clerk is authorized to.deliver a certified copy of this resolution to the applicant for filing in the Office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance.with the subdivision regulations of this City. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Paulsen and upon vote being taken thereon; the followihg voted in favor thereof: Charon, Paulsen and Polston; the following voted against the same: none; with Peterson and Swenson being absent and excused; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Artiest: City Clerk q,.,,.,.; ". '.;. '.,: .~,'.¢:.'' ,','~,' -.i': .,I,";.,.,' ~', LEGAL DESCRIPTI0~S ,'-, :,':-'~': ', ','. · -.. ' .... . ,'.- "L. .", ' "''!" ,- 'i "'". l-'""..i'.,'.:~:?: ff'"~.'-',: ~'.-:' ' , · ::."',.?'." , ;" .'i ",. '' "~'' " ,t,..." ,'.::,,' ,, Tract A' ', ',:.: Lt.',..~{(;-': )~':Yt!;'.,";,?'-; '-':',; :'::', C',~:'.; ~...,,'v, :- ',t:,...~,,v .., ~,;' , ':", .',,,,'.' ,; . : . ,,,' ., '. ~-~ · · .- ' ' ', ;. .' .' ': ..i;~' ~, '- ',", TM :.z.. ,,,"'- . .:."~.-~ r ....'~" ". ' .... ,',~ ."',';' ' ' · ' · '-; '. . ,'-.~':"'.,,?' .That- part of Lots,20, and'21;.!Block:~,, ,Shadywood.'Point;,.accord~ng~to the,:' recorded plat thereof..,, .-;.:; .,.'v' , lyin northerly of the following described llnff and its westepl'y extension; ' ' "- -" , ' .,-.. .... -: , . . ._. y. ,, :,.-'., ;.: ..- , ;.: · .. ,,, .;.. _ , ,,.- ,', . _ ,. . Commencing'a~: the northwes'~ '~'or~6r' of-'.said(Lot 21'i':thence s'~ut~erl'y':'along' the westerly line of said Lot 21 a distance.of?5.00 feet to the point of beginning'.of the line to De described; -.- - thence deflect 86'degrees:55 minutes ll .seconds ,left'to.the easterly line of'said Lot' 20 a,n.d . there terminating ...... .,,~ ' ' '' ~-,. '. Tract B -- " That.part of Lot 20 an'd 21, Bloqk.~,' Shadyv~od Point, according,to the 'recorded plat ther'eof of the '.following described line.and its,easterl~ extension: southerly Commencing at the northwest'corner of said Lot 21;'thence southerly, along the westerly line of said Lot 21 a distance of 5;00 feet to the point of beginning of the line to be described; .thence deflect. 86 degrees 55 minutes ll seconds left to the easterly line of said Lot 20 and there terminating. ..... · ..... ,- ' .-/4~ :',,;,'F',':-.~?i':'~"~',' ;. ..-.~:: ~,,.,,,-,....:,.. ... .,_.~/ /~ - ~,~? . ,. ~.,,":.,. -.',L..,..~-.... N .. '.. ):"; .~ -': , .., , ..: ,...,. { :if', ' -" '"' "" "~"- ' ' ' T' '?.',;, ',. ;" .... :. ,,.", %'~/r";, '. '-'L- '~,"' ', .. I .... ' ~ ' .'~..7~X.i. .-",'.",,:' ' '.",:". " ', "'*" /"' '.,, ".,' ',"- " ",.' ),' "': ...... -' ~-' , \' 2 ." .,,.:~,,.i:~...:..,~. ,.,.: . - ~ ..,,., .... ~,~ .' ,,.. ,, ,.,: .. ,,.. ..,~ ./ . . ;..'.:'. ; ,'.:.\ .:."..'..;?¢b.?;:'.,.::,~,~.i..._,.'-/:.'.,'.,../.: · .., :, ' Hor~seR~-)' ~ ::' Thor.p.'"':: .." Pellinen, lnc:':.. rtf t~at this St rYe¥ prepared bV me or under my~ t:~t. ', vis on ~i a true ~nu ~u~%,- --,- · ," du~ri~d l~nd and of the )oc~uon io 326.16. ~/ ~' , ..... ~,, '- CASE NO. 84-332 'ON 3S¥3 PROPOSED RESOLUTION Case #84-332 RESOLUTION NO. 84- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE 14 FOOT FRONT YARD VARIANCE FOR PART OF LOTS21 AND 22, BLOCK 4, SHADYWOOD POINT, PID# 1~-117-24-11 0020 WHEREAS, Howard J~ Hagedorn, the applicant and Keith Kullberg, owner, of the property described as that part of Lot~20 and 21, Block 4, Shadywood~Point, according to the recorded plat thereof lying southerly of the fo~!owing.described line and ils.easterly extension; commencing at the northwest corner of said Lot 21; thence sou6herly, along the westerly line of said Lot 21 a distance of'5.00 feet to the point of beginning of the line to be described; thence deflect..86 'degrees 55 minutes 11 seconds left to the easterly line of said Lot 20 and there terminatihg. PID# 13-117-24 11 0020 ~have applied' for a 14 foot front yard variance to allow a home to be constructed on Parcel B as approved in the subdivision under Resolution #83-59 on April 19, 1983, and WHEREAS, the City C~de Section 23.408'(5) requires lots abutting more than one street shall provide the required front yards along every street with the R-2 zoning district provisions allowing structures to be setback~from the street front 20 feet to,the property line, and WHEREAS, the Planning C6mmision has reviewed the request and does recommendz approval, of the variance request due to the shallowness and topography of the lot. NOW, THEREFORE, BE IT RESOLVED'that theCity Council of the City of Mound, Minnesota does hereby approve the 14 foot front yard variance, as requested, for 1736 Shorewood Lane, Parcel B as described in the aforementioned legal description, PID #13-117r24 11 0020, and~subdivided under Resolution #83-59 on April 19, 1983, frontage from the unimproved sunrise landing will be 6 feet to the property line. CITY OF HOUND HOUND, HINNESOTA CASE NO. 8Z~-333 Planning. Commission Agenda of June 11, 1984: Board of AppeaJs Applicant Case No. 84-333 Steven & Jacquelyn Spencer Location: 3017 Longfell°w Lane 3017 Longfellow Lane Legal Desc.: Lot 3, Block 8, The Highlands Mound, MN. 55364 Request: 2 Foot Side Yard Variance Phone: 472-4689 Zoning Dist.: R-2 The owner of the. property is requesting to place a detached block garage (26 X 26 feet) 2 feet to their south property.line and 8 feet to the west property line. The Zoning Code Section 23.407(5a) states that lakeshore and through lots (lots which have opposite lines abu~tlng two parallel streets) may be located within four (4) feet of the side lot line In the front yard. Comments: The site has a narrow approach to a stee'p hill. The owner would like to use the foundation of the accessory building to retain the soil and get the maximum width left for the driveway (50 feet minus 26 feet = 24 feet). Due to the proximity to the property line, the building code requires a one,hour rated fire protection of the wall within three feet to the property line. Block construction will accomplish that require- ment,. Also, the accessory building could be reduced in size from the 26 by 26 feet requested. The abutting neighbors have been notified. This item to be on the City Council agenda for June 26, 1984. Jan Bertrand Bull.ding Official ,Case No, 84-333 2 Foot. Front Yard Variance. for 3017 Longfel'low Lane Lot.3, Block 8, The Highlands Steven ana Jacq.uelyn Spencer were present; The Building Offic'ial explained that Mr. Spencer is proposing to cut into ~he hill and is.'requesting to construct a garage to'withi, n 2 feet of.the south property'line. '~This i.s a thru lot.which.fronts on Longfellow ·Lane and go through .to CherrywQod. The driveway approach is on a curved corner; ~ by'bui.lding into the hill, it would give him a better approach to ~he 26 by 26 foot block garage he.is proposing. .He would ·need a one hour fire rated wall which the block construction.would.accomplish. Garage is for 2 cars and'a trailer. ~Discussed that garage can be bui]t within the setbacks and get plenty of garage space.. " Vargo moved and Jensen seconded a motion to deny the request as no hard- ship. All in favor of the denial. This will be on the City Council agenda 'June 26, 1984. CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Fee Pa i d Date Filed Street Address of Property.. . 3017 LONGFELLOVI LANE Legal Description of Property: Lot #3 'Block,,#8 Addition THE HIGHLANDS 3. Owner's Name STEVEN & JACQUELYN SPENCER PID No...23-//7 ~ ~':~Y Day Phone No. 472-468 Address SAME Applicant (if other than owner): Name Address Day Phone No. 5. Type of Request: (X) Variance ( ) ConditiOnal Use Permit ( ) Zoning Interpretation & ~eview ( ) Wetland Permit ( ) P.U.D. '*If other, specify: ( ) Amendment ( ) Sign Permit ( )*Other 6, Present Zoning District RESIDENTIAL ~- ~- .~.. ~ . 7. Existing Use(s) of Property HOHESTEAD ...... 8. Has an application ever been made for zoning, variance, or conditional use permit or · other zoning proceduEe for this property? NJ~T BY PRESENT OWNE~f so, list date(s) of list date(s)'of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in thi~ application by any authorized official of the City of.Mound for the purpose of inspecting, or of posting, maintaining and r~moving such notices as may be required by law. Signature of Applican~~--t------~ ~ ~~, Date ~-°~'--~ Planning Commission Recommendation: Date Council Action: Resolution No. Date 4/82 Request for Zoning Variance Procedure (2) Case D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasOnably be required by the City Staff and applicable Sections of the Zonin9 Ordinance. III. Request for a Zonin9 Variance A. All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property conform to all use regulations for the zone district in which it is located? Yes (X) No (' ) If "no", specify each non-conforming use: Do the existing structures comply with all area height and bulk regulations for the zone district in which it is located? Yes (X) No ( ) If "no", specify each non-conforming use: Do Which unique physical characteristics ~f the subject property prevent its reasonable use for any of the uses permitted in that zoning district? (X) Too narrow ~X ) Topography ( ) Soil ( ) Too small ( ) Drainage ( ) Sub-surface ( ) Too shallow ( ). Shape ( ) Other: Specify: Eo Was the hardship described above created by the action of anyon~ having property interests in the land after the Zoning Ordinance was adopted? Yes ( ) 'No (X) If yes, explain: F. Was the hardship creativity any other man-made change, such as the reloca- tion of a road? Yes No (X) If yes, explain: ~ Go Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( )- No (X) If no, how many other properties are similarly affected? What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans wi'th dimensions and written explanation. Attach additional sheets, if necessary.)Because of the topography of the property. The garage 2 FEET * ~t,~.~.will be built into the hi]] and the variance would allow / /( access to the garage. Will grantin9 of he variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? NO 000~3901 6 B olLl I '6 CITY OF HOUND Hound, Hinnesota CASE NO. 84-335 Planning Commission Agenda of June ll, 1984: Board of Appeals Case No. 84-335 Location: 1620 Eagle Lane Legal Desc.: Lots 6 & 19, N.½ of 18, Block 11, Woodland Point Request: 5 Foot Front Yard Variance Zoning Dist.: R-3 Applicant Leroy & Nancy Poetz 1620 Eagle Lane Mound, MN. 55364 Phone: 472-4905 The applicant is requesting a five (5) foot front yard variance to allow them to remove their existing house and replace it with a new structure plus an attached tuck under garage to be jogged out from the building 6 feet closer to Eagle Lane (25 feet to the property line). The Zoning Code for the R-3 District with a lot depth of 160 feet on lots of record requires a 30 foot setback. Section 23.408(6) allows the front setback to be averaged with the adjoining structures, but not closer than 20 foot set- back. Recommend: I have discussed this variance with the applicant. Staff recommends the provisions of Section 23.408(6); do allow the structure to be in line to Eagle Lane as the existing house is and including the attached garage. The abutting neighbors have been notified. This item to be on the City Council agenda for June 26, 1984. J~al Bertrand Building Official JB/ms PLAI!h.'I~)~ :OMMISSION MI~JUTES - June ll, 1984 Case No.. 84-335 5 Fqot Front Yard.Variance for-)620 Ea"g)e Lane' Lots 6 & )9, N, ½ of Lot )8, B)ock )), Wood)and.Point LeRoy and Nancy Poetz were present, The.Bul)ding. Official.explained that applicants have an existing home on this'~si'te and would llke to take that,home down and replace with a new struc- ture,p)us an attached tuck under garage. The house to the north has a 30 ~foot setback and one .to South is pretty much.in line with their existing home.' Section 23.408(6) allows the front setba~ck.to be averaged with the adjoining structures, but his doesn't come quite up to that, Request is for a 5 foot front yard varia~ce, the same as their present house setback. Michael moved and~Meyer seconded a motion to approve the request for a 5 foot front yard. variance.,'The vote was unanimous)y in favor. This wl)) be on the City Counc)) agenda June 26, )984, NAY 3 0 198/l CITY OF HOUND APPLICATION TO PLANNING & ZONING COHHISSION (Please type the following information) Legal Description of Property: Addition Owner's Address Applicant (if other than owner): Fee'Paid Date Fi led P,D No. /3-/?-Wf/ Day Phone No. Name Day Phone No. Address Type of Request: (~/) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: Present Zoning District .~ R "''~ Existing .USe(s) of Property C' L~qm" z ' ' . ~. to, ,~ ~ Has an application ever been made for zoning, vgriance, or conditional use permit or .other zoning procedure for this property? ~/~ If So, list date(s) of list date(s) of application, actiSn taken' and pr"-'-ovide Resolution No.(s) · Copies of previous resolutions shall accompany present request, certify that all o~ the above statements.and the statements contained in any required apers or plans to be submitted herewith are true and accurate. I consent to the entry in r upon the premises described in this application by any authorized official of the City if ~ound for the purpose of inspecting, or of posting, maintaihing and removing such ~)tices as may be required by law. ignature of Applicant ~ ~.~,~ ~.~/~ ~1/ -~~ ~~ j~ Date~/~J~/~y ' ~., -T~5 /~ ' 'tS/ fron(yard va ' lanning Commission Recommendatio .~approve the r~uest for a 5 foot riance. · Date 6-11-84 ouncil Action: Resolution No. )~°00 !' Date 6-26-84 ,t for zoning Variance ProcEdure /' D. Loca't. ion of: Signs, easements, (2) Case underground utilities, etc. Indicate North compass direction Fe A~y addit'ional information as may reasonably be required by the City Staff and applicable Sections of the Zoning O.rdinance. III. Reques.t for a Zoning Variance A. All..i~formation below, a site plan, as descr'ibed in Part II, and general application must be provided before a hearing.will be scheduled. B. Do~s.the present use of. the property'conform to all use regulations for the zone district in which it is located? Yes (7) No ( )' If !'no", specify each n~n-conforming use: Do .the existing.structures comply, with all area height and bulk.regulations for the zone district'in'which i't'is located? Yes (~) ' No ' ( ) If ."no", specify each non-conforming use: Which unique physical, characteristics of the subject property prevent its reasonable use for any of ~he.uses.permitted in(that) zoning.dj.strict? ( ) .Too narrow (~. Topography . (.) Soil (.) Too.~mall :... ~)'~Drainage.. , Sub-surface ( .) Too shallow (~) Shape ( ) Other: Specify: Ee Was-the hardship described above 'create~ by the a~tion of anyone having pcoperty interests in the land afte~ 'the Zohing Ordinance was adopted? Yes ( ) No (y). If yes, explain: F. Was the hardship created by'any'other man-made change, such as the reloca- tion of a road? Yes ( ) No ( ) If yes, explain: Are the conditions of h~rdship for'Which"you request a variance peculiar only to the property described'in this petition?' Yes (~/) No ( ) If no, how many other properties are similarly' affected? What is the "minimumI' modification (variance) from the area-bulk regulations that. will permit you to make reasonable use of your land? (Specif~;-, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) .i ,..-'~z. Will granting of the variance bej /'~a me mate 11 detFi al to proper~y in the same zo~n~, or to the enforcement of th~s ordinance? ,zo~i,~ ~u uo-~I : o / / 6/ ~%ossuu~q 'i%unoo uIdsuu8H %uto~ pu~IpooI~ ~II ZooI~ ~6I pu~ 'gI '9 s%o'I uT z%ood 'f ~ousan~q ~o3 DESCRIPTION. Lots 20, 21, and fha South one-hai~ of Lot 22, Block Il, ' "Woodland Po~nt" 'He~neo~n Cm~n.fy, ~nnesofm. thereon· and oli visible encroochment~,.if any, from or on ~ald land, · of oil but ldtng~ this loth day of December- 1975 -' · £GAN,..-.F. IELO & ~O"H. AKIN~ .' ,-S ur' v e or~ 'e hereby cerflfy thai this Is a true and correct representotlon of o survey of he bounder/es of the land above, de~crlbed.and of the location ,5'7 I, d __ __.__x,x-+ J \ x, ~, -33 ~ To: The Mound Planning Commission Regarding: Variance for Nancy and Leroy Poetz at 1620 Eagle Lane I hereby give my permission for LeRoy. and Nancy Poetz to build their dwelling 25 feet from the street instead of 30. Carl Ryden 1625 Finch Lane Date~ To: The Mound Planning Commission Regarding: Variance for Nancy and LeRoy Poetz at 1620 Eagle Lane I hereby give my permission for LeRoy and Nancy Poetz to build their dwelling 25 feet from the street instead of 30. James Bradley 1612 Eagle Lane Date: To: The Mound Planning Commission , Regarding: Variance for Nancy and LeRoy Poetz at 1620 EAgle Lane I hereby give my permission for Nancy and LeRoy Poetz to build their dwelling 25 feet from the street instead of 30, Dean Duncan 1628 EAgle Lane Date: To: The Hound PLANNING CO~MISSION Regarding: VAriance for Nancy and LeRoy Poetz at 1620 EAgle Lane I hereby give my permission for LeRoy and Nancy Poetz to build their dwelling 25 feet from the street instead of 30. LeRoy K~mrath 1613 Finch Lane Date: ~7~ ~/~' PROPOSED RESOLUTI O.N: CA~3~, biO. 84-335 RESOLUTION NO. 84- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A 5 FOOT FRONT YARD ~VARIANCE FOR LOTS 6 AND 19, N. ½ OF 18, BLOCK 11, WOODLAND POINT (PID# 13-117-24 12 0189) WHEREAS, Leroy and Nancy Poetz~ the owners of~!property described as Lots 6 and 19, North ½ of Lot 18, Block 11, Woodland Point,· 1620 Eagle Lane,(PID # 13-117-24-12 0189) have applied for a'variance .in setback toqthe front lot line of 5 feet to contruct a new home in the same location as the present structure, and WHEREAS, the City Code for the R-3 zoning/ district requires a 30 foot setback to the front property line, and WHEREAS, the Planning Commission has reviewed the request and does recommend approvaI due to the shape Of the parcel and to afford the owner reasonable use of the property. NOW, THEREFORE, BE'IT RESOLVED that the~City Council of the City of Mound, Minnesota, does hereby approve the 5 foot front yard variance, as requested, for Lots 6 and 19, N. ½ of 18, Block 11, WoodlandPoint, 1620 Eagle Lane~ PID #13-117-24 12 0189. CASE NO. 8~-337 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of June Il, 1984: Board of Appeals Case No. 84-337 Location: 2072 Shorewood Lane Legal Desc.: Lots 13 & 14~ Block 1, Shadywood Point Request: Floodplai'n Variance 4.7 existing Applicant Richard Sufficool 2072 Shorewood Lane Mound, MN. 55364 Phone: 472-6263 sideyard variance & lakeside variance Zoning Dist.: R-1 The applicant is requesting to construct a 12 foot by 22 foot screened in porch to the S.E. corner of th'e house 4 to 8 inches below the existing first floor elevation of 932.3 NGVD. The parcel has a 25.0 foot access from Shorewood Drive to the property. The Zoning Code requires a 60 foot lot width for the R-1 Zoning District at the building setback line of 30 feet. The existing accessory building is 3.1 to 3.2 feet to the property line. The Zoning Ordinance requires a 4 foot side- yard on lakeshore lots for accessory buildings. The dwelling has a setback to the lakeshore of 39 feet+ and a side yard setback of 5.3 feet The Zoning Code requires a setback of lakeshore of 50 feet and a side yard of 10 feet in the R-1 Zoning District for the principal structure. Last, but not least, the principal structure's first floor is at the elevation of 932'3 which is 1.2 feet below the required minimum flood plain elevation of 933.5 NGVD to Lake Minnet0nka plus the .5 to .7 foot lower elevation of the proposed addition, Comments: I have attached to thls report cop[es of the City Code, Chapter 26, Part A, Page Z¢ which is part of our ~lood ~in ordinance and a copy of Page 93 of the MJnnes0ta State Building Code Flood Proofing Regulation. Both provisions clearly state that construction shall be above the flood plain elevation and both require registered engineer and/or architect complete pla~$, Flood proofing perm[ts shall be required for all al~ering, constructlng, repair or improve- ment in the Flood Hazard area as per S.B.C. FPR 205.2. Recommendatlon: Staff would consider approving ~:he request:ed 12 X 22 Foot screened-in porch as the flood damage potential can be to be minimal upon the following conditions: 1. The construction plan be designed by a registered rural eng[neer. 2. The necessary Minnehaha Creek Watershed permit be ob prior to building permit approval. 3. Any change Jn use of the addition or modifical:ion addition would require additional variance approval. Also, the existing setbacks to the property line and do not change, if the variance is approved. The abutting property owners have been notified. This item will be on the City Council Agenda for June 26, i984. ~ a~rt rand · Division 2 · Chapter 26 - Part A Page 2¢ ~. '~ .. · Any applicant who is denied a building permit for 'the,reason~=% /~_et f.o_r~n in %his ordinance may appeal said denial to the City Council. The Count?il may approve or d~ny said application or it may 'require the applicant .to f~le .a c~rtification from a registered professional engineer certifying that t~he location and elevation of the proposed structure will not be .subject~'~efcY nt~ ~at .fl. oodin? .or cause the flooain9 of abutting properb_ies. The Counc~l ma cond~ " . . . -~ u~ ~onaD~e requirements to protect the health, '- Saf ety and general welfare of the applicant, abutting propereies or uablsthe ue'n! 0whets of %he subject p~operty. . . , ' _ . 6. uses having a lm¢ damage .potential that do not require structures' or sto~age of equipment and materials shall be permitted to the extent .that they are no~ prohibited by any ether ·ordinance. The City ~4anager shal¥ review all. permit applications within unnumbered A Zones to determine whether proposed buildi'ng sites will be reasonably free from flooding. If building, site appears to be subject to ·. ; flooding, the City Manager' shall utilitze any regional flood data. ava. ilable ' -from Federal, State, or other sources. In the absence of such data, the appli- cant sha. ll be required to submit sufficient d0ta to delineate the flood hazard area and determine the 'flood protection elevation at the site.. The analysi~ shall be conducted by a qualified engineer and be consistent with procedures. outlined i~ ~.~innesota Regulations NR 86-87. Ne~ construction and substantial improvement of str6ctu~es located in the flood hazard areas shall be eldva~ed on fill so that thei. r lowest floor (including basement) is above flood protection .elevation. Ne%4 "' construction and substantial ~mprovements of accessory structures may, as an alterna.tive, be flood proofed to above the flood protection elevation in accordance with the State Building Code. Commercial and industrial s. tructures may be flood proofed t6 the FP1 or FP2-standards of the State Building Co'~e. All public utilities and facilities such as gas, electrical,. ·. sewer .and water supply systems shall be designed and constructed· in a manner °o minimize or eli~inate flood damage. Se~er and water supply systems shall. ~. designed 'to minimize infiltration by flood waters. ~2 . No structure in the flood hazard or flood plain area hereafter . ~ted,-~l-~eered, or moved shall be occupied, until the applicant submits a ~ification by a registered engineer or architect, that the finished fill 'tions or' other flood proofing· measures are in' compliance with this Neither the building inspector or the City Council she'll ap.prove :it or establish floo~ clever.ion which is 'less thhn three feet abc, ye the h water l~:v~l or the following designed flood elevations: b) c) ~.~inimum building elevation of no less than 933.5 b~SL, 1929 datum dn any .lots in the City riparian to Lake ~.linnetonka. ~inimum b.uilding elevation of no less than 936.3 ~.~SL, 1929 datum, on any lots in the City riparian to L~ngdon La~'~ b~inimum building elevation, of no datum, on any ]rd-~- :~- PLANNING COMMISSION MINUTES JUNE 11, 1984 Case No. 84-337 Floodplain Var'lance,. 4.71Existing Sideyard Variance & Lake- s'ide Variance for 2072 Shorewood Lane Lot's 13 & 14, Block.l,, Shadywood Poi:nt .. Richa'rd Sufficool.wa~.present. .. The Building Of.ficial'explained that Mr. Sufficool gould like to c~ns'truct a screened in porch '12.,x 22.feet.on.the S,E, corner of his house, The parcel has a 25 foot access from Shorewood.Driv~.to ~he prop~rty.(Code 'requires 60 feet); exlsti'ng accessory building Is 3..1+ to the property llne. (Code requires 4 feet); dwelling has a~.set'back to the lak'-e of 39.+ feet and a side yard set- back of,5.3 feet (Code..requires 50.feet and.lO feet--respectively); dwelling's first.floor is..1,2 fee~ below the.required minimum'flood plain elevatio~ and the.eleva~ion'of'the.proposed'addi.tion!.is.:.5'tO ,7 lower. The proposed addi- tion' would be designed by ~ .regis'tered s~'ruc'tural and a Minnehaha Creek Watershed permit would be.necessary to be obtained be'fore building permit approval.' Discussed at leqgth.and that Lot 14.is not a building lot, Vargo 'moved and.Michael, seconded a motion to.approve .the variances requested with the Staff's.~F~commendations.including that the screen porch 'not be. enclosed. The vote on the motion was.unanimously in favor, " This..it'em will be on the.Ci, tY Council agenda J'une 26, 1984. ~,-~- .... APPLICATION TO PLANNING & ZONING COMMISSION MOU -- ~ t ' (Please type the following information) 1. Street Address of Property o,~.. ~"J/~'~'-~/~o~ ~.~.~' ! 2. kegal Bescription of Property: kot~ Addi t ion Address Date Fi]ed. Block / PID No.. /~-.//7 -,~J 3/ ooo~, Day Phone No..'~'/x?,2 ""~'"Z.. ~' 4. Applicant (if other ~han owner): Name ---- Day Phone No. Address 5. Type of Request: Variance ( ) Conditional Use Permit Zoning Interpretation & Review Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: t Zoning District Existing Use(s) of Property Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? )k/O' If s'o, list d~te(s) of list date(s) of application, action takena~d- provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurste. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by la~. ~ · Signature of Applicant ~/'~~j~ Date ~-/-~7/ Planning Commission Recommendation: To approve the variances requested with the Staff's recommendations including that the screened porch not be enclosed. Date 6-11-84 Action: 6-26-8/~ Request 'for Zoning Variance P.rocedure (2) Case # ~'-J37 D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. III. Request for a Zoning Variance A. All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property'conform to all use regulations for the zone district in which it is located? Yes (x/~) No ( ) If "no", specify each n~n-conforming use:, Do the existing structures comply with all area height and bulk regulations for the zone district in which it is.located? Yes 0~) No ( ) If 'lno'm, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) Too narrow ( ) Topography ( ) Soil ( ) Too. small ( ) Drainage ( ) Sub-surface ( ) Too shallow.. ( ) Shape .. (.x~ Other: Specify: Was the hardship described above created by the action of anyone having property interests in the land after .the Zoning Ordinance was adopted? Yes ( ) No (/~) If yes, explain: F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes ( ) No (~-~r If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (Y~) No ( ) If no, how many other properties are similarly affected? H. What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) '1. Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? -\ \ PROPOSED 'RESOLUTION CASE #84-337 RESOLUTION NO. 84- 'RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMEND^TION TO APPROVE -'! EXISTING NON-CONFORMING SETBACKS AND A FLOODPLAIN ELEVATION VARIANCE FOR LOTS 13 AND 14, BLOCK 1, SHADYWOOD POINT (PID # 18-117-23-311'0006), 2072 SHOREWOOD LANE WHEREAS, Richard Sufficool, the owner of property described as Lots t3 and 14, Block~l, Shadywood Point (PID #18-117-23 31 0006) , 2072Shorewood Lane, has applied for a variance in setback 'to the lakeshore and to construct below the floodplain elevation of Lake Minnetonka a 12 by 22 foot screened-in porch to the S.E. corner of the house 4 to 8 inches below the existing first:floor elevation of 932.3 NGVD; and WHEREAS, the City C0de.26, Part A, Page 2 C and the Minnesota State Building Code does not allow construction below the elevation of 933.5 NGVD r~parian to Lake Minnetonka without floodproofing permit approval and Sect'ion 23.408 and 23.604 provides for a 50 foot lakeshore setback and side yards for the R-1 zoning district respectively;'and WHEREAS, the Planning Commision has reviewed the .request and does recommend approval due to the shape of the lot and to afford the owner reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the floodproofing.permit approval to construct a screened-in porch@931.ONGVD elevation a~d an 11 ~foot:lakeshore setback variance and.recognize the existing non-conforming garage an~$tructure side yard setbacks upon the:conditions that: 1) Permit approval'by the Minnehaha Creek Watershed District. 2) Construction plans be designed' by a registered structural engineer. 3) Any'.change in use of the addition or modification to the addition would require additional variance approval. 4) The lakeshore setback remain~ at 39 ft± to the Ordinary High Water Elevation. / JLJN I 8 1984 , C,-:-, OF. MOUND ~1 / , CITY. OF MOUND · MoUnd, Hinnesota APPLICATION FOR GAMBLING PERMIT annuaJ/s~ng]e occasion Phone Number of Organization ~I~Z J/~p¢ Date Organization was organized '/,~ ~ Purpose of O.rgani'zat'ion C 0 ~d Address o. rganization, gambling permit· Type of .Gambll.ng to take place: ".Paddiewh~e! Yes No ~)A~-~.[ ,~c) ~'O'~-[U .~ Tipboard Yes No ~d Il ~ ~ Raffle Yes ~ NO ~ 0 ~y T~e ~- hereby appli'es /?o/ the gambling Al ~ (At least $10,O00.) and we Home Phone ~J. t--/Z_//¢~' /¢ & (Requi red) Location of Gambli.ng: Name of Buildi.ng Owner C~ ~ ~ L~'b ¥ 0 Is the buildJ.ng owned or leased by the organization Date ownership was acquired _ '1..~ 0 ~ If leased, .expiration date of lease (Copy of lease must accompany application) Gambling Hanager: Name of Gambling Manager Jl ~j~l~ ~ } Home address.l.~ j lb -' ~o~l~ be. Is Gambling Manager an active member of organization Date membership acquired .fi~?~, Is Gamblin~ gaaager paid by the organization for handl~n~ (lhe answer to this question must be no - Sec. Amount of bond furnished by Gambling Ma.nager Name of Company furnishing Bond %~ ~ Q agree to file a copy of the bond'wit~ the~ ~'i'ty Clerk. Name of Bank where gambling ~unds will be kept . (2) ' Bank ACcount Number for gambling funds ~ ~ Are funds in the above account mixed with other funds · (Answer must be "No") AGREEMENT The OU/~_ L~ov , ~ LA~e O_~~ he~eby agrees that if t~e 'license herein Name of Ap~lidant is granted that the C) L_L ~-~ u ~.E ~ will save the City, its officers Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the liCense or I the con. duct of any of the activities authorized by the l icehse. It is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the ordinance and the O /--/-- ~ ~l ~ t~ ~., /~ ' ; Name of Applicant ' hereby authorizes the Bank named above as the keeper of gambling funds to allow the City access to the figure~ and activity of account number~l~ 5-O~-~g/listed above. :,, , -: Signed by authorized Officer of Organization Title The above appl;cation is made on behalf of the and all information given herein is true and correct to the best of my knowledge and belief. Date ' Title Annual Licenses: Expire on January 31 of ef,;ch"year. Fees are not prorated for licenses purchased af"ter F¢:bruary I. JUN I~ 1984. ~jt OF MOUND, APPLICATION FOR additional day. CHARITABLE ORGANIZATION 3.2 BEER PERMIT 1. Name of Organization 2...Address of Organizati'on 6~ 7. Name of Person Applying for Permit '~/~e~ ~" RucO i~ Organization Title' of'Person Applying for Permit u.sl/d¢S~ Dates Permit Will Be Used: From ~ l'q 19 ~ T.o '~1~ 19 '~ ~ Address at which Permit will be used · ~_:~- Does the Organization carry Liquor Liability Insurance ~lu,o 8. If answer to No. 7 is YES, please list: (a) Name of Insurance Company~-~.J[ If this application t° sell 3,2 Beer is on property owned by a public agency, other than the City of Mound, written notice from the public agency giving permission for 'such sales must accompany this application. (a) Is ~uch written permission attached? 10. If this application is a request to sell 3.2 Beer on City property, the City requires Liquor Liability Insurance with limits of $300~O00. Date ADM IN I$"I'RATIV £ OFFICES June 14, 1984 Wayne Popham, Esq. Attorney At Law, 4344 I.D.S. Center, Minneapolis, Minn. 55402 Dear Mr. Popham, Enclosed please find a "Notice of Removal" copy, which was filed in Rid~edale by Ms. Peterson on the date shown. Please respond to the following: 1. Why was the notice prepared and filed? 2, Did Ms. Peterson act on her own initiative, or was she requested to prepare the notice; and if so, who made such request? 3. Has your firm ever rendered a written opinion to the City of Mound as to the propriety or legal consequences of such a request? If so, please send me a copy. 4. Is the scope and duration of the request contained in Notice of Removal within the bounds of legal propriety? Your early reply will be appreciated. Herbert E. Wolner Box 125 Mound, Minn. 55 364 Copy to: Ms. Peterson. CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55354 (612) 472-1'~55 August 24, 1983 The Honorable James H. Johnston Asst. Chief Judge Hennepin County Dist. Court Government Center C-751 300 S. 6th St.,,, ._ ~iinneapolis, Mn. 55487 Dear Judge Johnston: 'I am ~miting to request the removal of the Honorable Herbert E. Wolner from all proceedings brought by and against the City Of Mound. This request would include all arraignments, pre-trial conferences, ommib~ hearings, court trials, ju~y trials and civil proceedings. I request that the removal take place as soon as possible after the receipt of this letter;.. Judge Wolner is a member of a group of Mound residents seeking '50 establish a citizens review boa'rd to review all budget recommend- '' ations made by the city staff to the City Council.'. The review board is requesting t~.e power to recommend funding levels directly to the City Council. As a spokesPerson for the bogrd, Judge Wolner is in a ..- .position to affect staffing levels in the police department, limit the resources available.tO the police department to accomplish objectiyes and control the budget expended for prosecution and defense by the city attorney staff. The membership, and leadership roll, of Judge Wolner on proposed committee places him in a position of conflict of interest when hearing crimJ_nal and civil cases involving the City Of >9ound. I feel it is in the best interest of the Hennepin Counn%- Courts and the City Of Fmund to remove Judge Wolner from consideration of all City Of Mound cases... VeD, truly ),ours, Br~ce H. Wold Police Chief Ci%' Of ~4omnd cc'dE DISTRICT COURT STATE OF fv~INNESOTA FOURTH JUDICIAL DISTR HENNEPIN COUNTY CT August 31, 1983 Chief Bruce H. Wold '-Police Chief.. City of Mound 5341 May~ood Road Mound, Minnesota 55364 Dear 'Chief Wold: This will acknowledge your letter of August 24 relative to your request for removal of the Honorable Herbert E. Wolner from all proceedings in our court involving the City of Mound. I am referring your letter to Judge Wo!ner for his response. In the meantime, should Judge Wolner be assigned to handle any case involving the City of Mound, your attorney would have the right to file an affidavit of prejudice, and another judge would be assigned to hear the, casa. futu'r e. JHJ/bjj cc: Hon. I will reply to your letter in more detail in the near Herbert E. CITY of 40UND 5341 MAYV,,'OOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 September 8, 1983 Mr. Curtis A. Pearson llO0 .lst Bank Place West Minneapolis, MN 55402 Dear Curt: Please review Bruce's letter to Judge Johnston and give me your legal opinion as to if there is anything in it that could be considered libelous. Judge Wolner thought it. is. The Council didn't agree and ! thought it would be interesting and constructive to get your legal view on it. Sincerely yours, Jon Elam, City Manager A. ThoMAS WURST, P. a. CURTIS a. PEARSON, P. A. JOSEPh E. HAMILTON, P. A. THOMAS F. UNDERWOOD. P. A. LAW OFmICES WURST, PEARSON, HAMILTON, LARSON & UNDEI~WOOD I100 FIRST BANK PLACE WEST MINNEAPOLIS~ MINNESOTA 55402 September 19, 1983 TELEPHONE (612} 338-4200 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, PM 55364 Re: Letter to Judge Johnston Dear Jon: This will acknowledge receipt of your letter of September 8 with copies of a letter to the Honorable James Johnston and a letter back from Judge Johnston to Chief Wold. Apparently there is some indication by Judge Wolner that he has been libeled. Libel is defined as follows: "Libel is a malicious publication, expressed in print, writing, and by signs, tending to injure the reputation of another, and expose him to public hatred, contempt, and ridicule." Jon, the elements which go into a libel are, the words used must apply to the plaintiff, the letter or writing must be published, that means, to transmit it to someone other than the plaintiff, and there must be damages incurred. If it were determined that this was libel per se, punitive damages could also be recovered without proof of actual damages. If the words do not provide for an actionable, per se libel, action, then malice would also be required as an element. It is commonly said that malice is implied if you have a malicious publication. Based on the above, ahd my very limited knowledge of what has transpired here, it does not appear that the letter is libelous per se. It also does not appear that Judge Wolner could prove damages. The statements which were made in this case really go to impressions rather than to actual facts, although the Chief has alleged a "conflict of interest" I agree with Judge Johnston that the City has the right in any case involving the City of Mound to file an affidavit of prejudice. I hope this is responsive to your question. Very~truly your~ CiTy Attorney CAP:ih June 25, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER This Meeting's probably Council Meeting attendees (complaints) beside Herb Wolner, will be Norman or Rose Bute, 5420 Breezy Road (behind Tonka). On May 20th, the sewer lift station located at Spruce and Waterside clogged up due to a blockage and backed-up into the Bute's basement. Although the red warning light above the lift station went on, no one called the City for 12 hours (it was early Sunday morning) to notify them of the back-up. Once Greg was notified, he was quickly on the scene and unplugged the line and got everything working again. The problem is. Who is responsible for the cost of the repairs to the Bute's basement. The City has insurance to cover situations where we are liable. In this case, the line is in good repair and became clogged from material that was put into the line by other than the City.(Pampers are a common item that plug up lines.) The Butes filed a claim and the insurance company investigated and ruled the City was not liable and thus insurance would not cover the estimated $7,500 worth of damages. This gets at the question of liability and what we do. To assume legal liability because we want to can cause far more problems then it can immediately solve. The Butes have as much hardship as you can get. He has been laid off for two months. They have foster children and their bedrooms were located in the area that flooded and haven't been used since. I don't think I know an area that is a greater public relations disaster than these sewer back-ups. Obviously, politically, you could agree to pay for the damages or we could ask for a reappraisal from the insurance company. Other than that, I don't know. -A tough emotional case. HELLO FROM LAKE MINNETONICA, MOUND, MINN.. I NAME OF APPLICANT CITY OF ~,~OUND MOUND, MINNESOTA CC~MMERCIAL DOCK APPLICATION' II d JLIN 1~1984,~ ~j [I I i'y MOU DI ADDRF_.S~ N~ OF BUS]2~ESS ~ o~S(~-- PHONE Z-/7.~-~'-M~? Are you now~ or have you been en§a§ed in a similar business?, If so, when EXACT LCCATIC~ OF BUS~S. STREET ADDRF~S ~-6'7~ ~ ~ ~-~c~Z_ ;f~Z~ LEGAL DESCRI.PTION - LOT BLOCK SUBDIVISIC~ PLEASE ENCLOSE THE FCLLOWING WITH THIS APPLICATION: 1) A drawing to scale ~f the type, size and shape of the dock proposed~ and the location and type. of buoy(s) to be used. A drawing to scale of off-street oarking provided for each three rental bo~t stalls, bouys or slips. 3) A stmtement outlinin9 the m~nner, extent and degree of use ~ comtemolated for the dock orooosed. h) Payment of permit fee ~ust be included with this epplication. 5) All applications received on or after March 1 shall be subject to a late fee of $20.00 New applicant fee $200.00 Basic fee renewal $100.00 Number of slips 6n water f~x $2.00=/~a Number of boats stored on land TOTAL x $1.'85-- Name of Firm ture end Title June 5, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: BILL HUDSON FROM: JON ELAM RE: STREET LIGHT REQUEST FOR 1600 AVOCET Could you have John Ewald check out this request. Please check the stairway that goes down to the lake and what danger there is for people coming up or going down these stairs without light. Thanks. JE:fc er'lc. June 4, 1984 City Manager of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Sir: May we respectfully request a light on an existing pole on the 1600 block of Avocet. Thank you for your attention to this request. Sij(e~rely, __ . 1680 ^vocet Mound, MN TO: FROM: RE: _I~_~,EROFFICE MEMO Acting Chief Billl~ Officer Ewald Street Light Request for 1600 Avocet I have checked with the residents on Avocet for their personal opinions as to whether or not a street light is necessary. I was unable to contact everyone who lives on the block as most of the people use the homes as cabins and only come out to Mound occasionally on the weekends. NAME ADDRESS COMMENTS 1667 Avocet Michael Nelson 1672 Avocet Bruce Are John (no last name) Olivia Ferguson Mary and Wally (no last name) 1676 Avocet 1677 Avocet 1680 Avocet 1681 Avocet 1688 Avocet Vacant house - has been for one year. Single, lives alone. Has a boat and a dock. Would like to see a street light for the safety of his boat. Owns a strip of shore line behind 1672 Avocet, however, there are no buildings. He has a boat and a dock and would like to see a street light (lives out of the Mound area). Only comes out to Mound on the week- ends. Would like to see a street light though. Has three children, ages 10, 7 and 5. It doesn't matter whether there is a street light or not. She rents the property and doesn't own a boat or ha' a dock. No one knows who owns the home. How- ever, people do use it a couple of ti during the summer. Unable to locate. They only come out to Mound a couple times during the summer. Neighbors state they would like a street light.I I was unable to locate them. Unable to contact owners. (1 NAME Marlene Cressy ADDRESS 5061 Bartlett COMMENTS Has a boat and a dock on the end of Avocet. Would like to see a street light. I have gone to these locations four times day and night in an attempt to locate weekend visitors and property owners. With the exceptions of a couple of resi- dents the rest of the homes at the end of Avocet seem to only be used once in a while on weekends or during the summer. In regard to the stairs without lights this is located on the opposite end of Avocet in the 1700 block, which is south of Three Points. There is a street light at the end by the stairway. The light does not penetrate to the beach because of the heavy foliage. However, the request for a street light as I stated came from the 1600 block of Avocet, which is north of Three Points. It has no stairs or hills, with the lake being practically level with the shore. If I can be of any further assistance please contact me. (2) ADMINISTRATIVE CODE CITY OF MOUND, MINNESOTA JUNE, 1984 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 1 4 SECTION 15 SECTION 16 SECTION 17 SECTION 1 U SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 SECTiON 24 SECTION 25 TABLE OF CONTENTS PURPOSE AND DEFINITIONS COMPENSATION PLAN WORK SCHEDULES OVERTIME PAY COMP-TIME CALL BACK STANDBY PAY COURI PAY EDUCATION INCENTIVE MILEAGE, MEALS, & LODGING REIMBURSEMENTS DISCIPLINE PROBATIONARY PERIODS , SAFETY INSURANCE HOLIDAYS VACATION SCHEDULE SICK LEAVE SEVERANCE PAY FUNERAL LEAVE EMPLOYEE'S ASSISTANCE PROGRAM EYE EXAMINATION INJURY LEAVE MILITARY LEAVE JURY LEAVE LEAVE OF ABSENCE WITHOUT PAY PAGE 1 4 5 6 6 7 7 7 7 8 8 9 10 lO 11 ~2 14 16 16 17 17 17 18 ~fL ! ~AOO ~NOI£I~Od ~AI£VDO~6 ~AY2V~2~INT~fiV ~N~X01~ ~0 ~NOI£I~NO0 3AT~V~£~INTN~V ~IH~ 0£ 3ONVIq6~OO XiH360H6 X/I9 ~0 qVSO~SI~ NOT£¥~HO~NI S~3N ~0 3SV3q3H SaO3NVqq33SI~ NOYiVNOIS3~ O[ NOIiO3~ LE NOILD3S 93 1.1 1.2 ADMINISTRATIYE CODE CITY OF MOUND JANUARY, 1984 SECTION,,1 - PURPOSE AND DEFINITIONS The City of Mound, pursuant to Minnesota Statutes 412.651, is authorized to adopt an Administrative Code incorporating the details of administrative procedures. It shall be the purpose of these rules and regulations to insure uniform and equitable personnel policies and administration for all employees of the City of Mound; except this Administrative Code shall not apply to any recognized bargaining unit cove~ed by a labor agreement. The City Manager is authorized and directed to adminis- ter these rules and regulations incorporating this Administrative Code. Any term and condition of employ- ment not specifically established or modified by this agreement shall remain solely within the discre%ion of the Employer, to modify, establish or eliminate. As used in this Administrative Code, the following words and terms, unless %he context clearly indicates other- wise, shall have the meaning as defined herein: 1. "Employer" - The City of Mound, Minnesota. 2. "Appointing Authority" - The City Manager or other City officials to whom the City Manager has dele- gated authority to appoint personnel. 10. "Benefits" - Privileges granted to employees which are included in the total compensation to employees. Includes, but not limited to vacation leave, sick leave, holiday leave, funeral leave, military leave, hospitalization insurance, medical insurance, life insurance, disability insurance, and an Employee Assistance Program. "Call Back" - Return of an employee to work to per- form assigned duties at the expressed authorization of the City at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. Compensatory Time "(Comp-Time)" - Time taken off from the employ.ee's regularly scheduled work week in lieu of extra pay. "Demotion" - The change of an employee's status from one position to another position having a lower salary rate. "Employee" - A person holding a position in the City service. "Leave" - An approved absence from work as provided by this Administrative Code. "Overtime" - Work performed at the express authori- zation of the Employer in excess of forty (40) hours within a seven (7) day period. "Outside Employement" - Employment of any kind engaged in by a City employee for which compensa- 2 11. 12. 13. 14. 15. 16. 17. 18. 19. tion is received from a source other than the City. "Base Pay Rater - The employee's hourly pay rate, exclusive of longevity or any other special allow- ances. "Part-Time Employee" - An employee whose work sche- dule is less that forty (40) hours per week. "Permanent Full-Time Employee" - An employee appointed to a permanent full-time position after completing the probationary period. "Permanent Part-Time Employee" - One that will average thirty (30) hours per week over a one (1) year time period. "Postion" - An office, employment or place in the City service. ~ "Probationary Employee" - An employee appointed to a permanent full-time position serving the initial probationary period. "Probationary Period" - A trial period in a new position which is a working tes~ period during which the employee is required to demonstrate his/- her fitness for the duties to which appointed by actually perfo'rming the duties of the position. "Promotion" - The change of an employee's status from one position to another position having a higher salary rate. "Retirement" - The withdrawal of a member from active public service who is paid a retirement 2.1 2.2 20. 21. 22. annuity thereafter. "Severance Pay~ - Payment made to an employee upon honorable termination of employment. "Stand-By" - An employee kept in readiness to per- form assigned duties at the expressed authorization of the City. "Temporary Employment" - Employment which is normally for short durations, seasonal in character and compensated for on an hourly or seasonal basis. "Termination" - A complete separation from City emploYment resulting from discharge, resignation, retirement or death. SECTION 2 - COMPENSATION PLAN RESFONSIBILITY The City Manager is directly responsible to the City Council for the coordination and administration of the salary program. All salary adjustments for employees sh~ll be based upon recommendations to the City Manager by department heads and approved by the City Council. PAY PERIOD All City employees~shall be paid on a bi-weekly basis. Any employee may authorize deductions from his/her pay for any of the following purposes: 2. 3. 4. City employee's group insurance; United Fund; Employee's organizations dues and fees; Credit union; 3.1 3.3 6. 7. 8. 9. 8. Uniform rental; U.S. Savings Bonds; Deferred Compensation Plan; Supplemental life insurance; Cancer insurance; Other approved requested deductions. SECTION ~ - WORK SCHEDULE~ The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday unless service to the public requires the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Service to'the public may require the establisment of regular shifts for some employees on daily, weekly, seasonal or annual basis, other than the normal 8:00 A.M. - 4:30 P.M. day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. In the event that work is required because of unusual circumstances, such as, but not limited to, fire, flood, snow, sleet or breakdown of municipal equipment or faci- lities, no advance notice need be given. It is not required that an employee, working other than the normal work day, be scheduled 'to work more than eight (8) hours. However, each employee has an obligation to work 5 overtime on call backs, if requested, unless unusual circumstances prevent him/her from so working. 4.1 4.2 4.3 4.4 SECTION 4 - OVERTIME PAY Eligibility for overtime pay shall be determined at the time of appointment or at the time of establishing compensation for the position by the City' Manager. Hours worked more than forty (40) hours within a seven (7) day period, will be compensated for at one and one- half (1-1/2) times the employee's regular base pay rate. All work performed on Sundays shall be compensated for at two and one-half (2-1/2) times the employee's regular base pay rate, unless Sundays fall within the provisions of Section 3, 3.4. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. Holiday pay shal'l be paid at a rate two and one-half (2-1/2) times the employee's regular base pay rate. SECTION ~ - COMP-TIME Eligibility to accrue comp-time is determined at the time of appointment or by Department Head. Accumulated comp-time cannot exceed 40 hours unless approved by a Department Head or the City Manager. If an employee· is required to work, compensatory time shall be accumulated at one and one-half (1-1/2) times the employee's regular base pay rate. If, however, extra time is worked for the convenience of the employee, it shall be paid at J the employee's regular base pay rate. SECTION 6 - CALL BACK An employee called in for work at a time other than his/her normal scheduled shift, will be compensated for a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's regular base pay rate, except on Sunday when it shal£ be two and one-half {2-1/2) times the employee's regular base pay rate or on Holidays when it shall be two and one-half (2-1/2) times the employee's regular base pay rate. SECTION 7 - STANDBY PAY Any employee placed on standby duty by the Employer shall receive one-half (1/2) hour's pay for each one (1) required to standby for duty. ~ SECTION 8 - COURT PAY In the event an .employee is required to appear in court during his/her scheduled off-du'ty time, such employee shall receive a minimum o.f two (2) hours pay at one-half (1/2) times the employee's regular base pay rate. An extention of or early report to a regular scheduled shift for duty does not qualify the employee for the two (2)hour minimum. SECTION 9 - EDUCATION INCENTIVE The City shall provide an Education Incentive Plan for all permanent full-time and permanent' part-time employees of the City. If funds are not provided by any other governmental agency, the City shall pay cost of tuition equal to that charged by State institutions after the employee has successfully completed a course with a grade of "C" or better. The course must be job related and approved by the City Manager. Upon completion of the course, the City shall pay the employee a one time payment of five (5) dollars ($5.00) for each credit hour the employee earned. A certificate or some other proof of achievement in an approved course shall be placed in the personnel file of the employee. SECTION 10 - MILEAGE, MEALS, AND LODGING REIMBURSEMENTS The City Manager or the department head may authorize travel at City expense necessary for the effective conduct of City business. Such authorization shall be granted prior to the incurrence of the actual expenses and shall be subject to the availability of funds. In the event an employee is eligible for mileage reimbursement, such employee shall be compensated at the rate established by the City Council. In the even.t an employee is authorized for reimbursement of meals and lodging such employee shall be reimbursed at the cost actually incurred providing such cost is reasonable and receipts are provided. 11.1 SECTION 11 - DISCIPLINE The Employer will discipline employees for just cause only. Discipline will be in the form of: a. Oral reprimand; b. Written reprimand; 11.2 11.3 11.4 11.5 12.1 12.2 12.3 12.4 c. Suspension; d. Demotion; or e. Discharge. Suspensions,demotions and discharges will be in written form. Written reprimands, to become part of an employee's personnel file shall be read and acknowledged by signa- ture of the employee. Employees will receive a copy of such reprimands and notices of suspensions and discharge. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Discharges will be pr. eceded by,a five (5) day suspension without pay. ~EQTION 12 ,- PROBATIONARY PERIODS All newly hired or rehired employees will serve a one (1). year probationary period. All existing employees will serve a six (6) month probationary period in any job description in which the employee has not served a probationary period. At any time during the probationary period a newly hired employee may be terminated at the sole discretion of the Employer. At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion 9 of the Employer. SECTION 1~ - SAFETY The Employer and the employees agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to form a Safety Committee to help advise the Employer of any unsafe conditions that exist or need attention. The department heads shall serve as this Committee. 14.1 14.2 14.3 14.4 SECTION,.14 - INSURANCE The Employer agrees to pay 100% of the hospitalization/major medical insurance premiums for each permanent full-time and probationary full-time employee or 85% of coverage i~cluding dependents after thirty (30) days of c. ontinuous ~mployment. Permanent part-time employees shall be eligible for hospitalization/major medical insurance benefits under the group policy at his/her own cost ~hich wil± be deducted from the employee's pay. If the permanent part-time employee wishes, dependent coverage can be purchased and deducted from the employee's pay. The Employer agrees to pay the full premium payment for a five thousand dollar ($5,000) life insurance policy, a long-term disability insurance policy, and membership in the employee assistance program for each permanent full- time and full-time probationary employee, after thirty (30 days of continuous employment. After thirty (30) days of continuoms employment the 10 lq..5 15.1 Employer agrees to provide dental insurance coverage for each permanent full-time and full-time probationary employee or pay up to twenty-two dollars ($22.00) per month toward coverage including dependents for each permanent full-time and probationary full-time employee. Upon retirement, after 20 years of service at age 62 or after 10 years of service at age 65 the Employer wilA pay full premiums under the City's group plan for hospi- talization/major medical and dental insurance for all permanent full-time employees and spouse hired before January 1, 1984, but only if the retiree and spouse are not covered by another source. At age 65 or when eligible for Medicare benefits, whichever occurs first, the employee shall obtain supplemental insurance to Medicare, which will then be paid by the Employer. SECTION,,I~ - HOLIDAYS The employer agrees to provide the following paid Holidays to all permanent full-time and probationary full-time employees: New Year's Day President's Day Memorial Day Independence Day LabOr Day Veteran's Day Thanksgiving Day The Day After Thanksgiving Day 1/2 Day Christmas Eve Day Christmas Day 1/2 Day New Years Eve Day One (1) Floating Holiday Permanent part-time employees shall be paid holidays designated above in direct proportion to the number of 11 15.2 15.3 15.4 16.1 hours worked in the pay period in which the Holiday occurs. If any of the above Holidays fall on a Saturday, the preceding Friday shall be a Holiday. If any of the above Holidays fall on a Sunday, the following Monday shall be a Holiday. (If New Years Day or Christmas Day fall on a Sunday or Monday, the 1/2 day Holiday allowed for New Years Eve or Christmas Eve shall be the preceding Friday.) Any full-time or full-time probationary employee required to work on a Holiday shall receive two and one-half (2-1/2) times his/her hourly rase for all hours worked. Any part-time employee required to work on a Holiday shall receive one and one-half (1 1/2) times his/her regular base hourly pay rate for all hours worked. An employee must work or be on a fully paid leave the working day before and the working day after the Holiday to receive Holiday pay. SECTION 16 - VACATION SCHEDULE Permanent full-time and probationary full-time employees hired before January 1, 1984, shall accrue vacation according to the fo-llowing schedule: YEARS HOURS EARNED NUMBER OF OF PER BI-WEEKLY DAYS SERVICE PAY PERIOD PER YEAR 0 - 5 3.077 10 6 - 15 4.615 15 16 - 20 6.154 20 21 and over 7.692 25 12 Permanent f~ll-time and probationary full-time employees starting after January 1, 1984, shall receive paid vaca- tion based upon the following schedule: YEARS OF HOURS EARNED SERVICE PER BI-WEEKLY OVER; 0 1 2 3 4 5 6 7 8 10 11 12 DAYS OF YEARS OF VACATION SERVICE PAY PERIOD PER YEAR OVER; 3.077 ' 10 13 3.077 10 14 \ 3.077 10 15 3.077 10 16 3.077 10 17 3.385 11 18 3.692 12 19 4.000 13 20 HOURS EARNED PER BI-WEEKLY PAY PERIOD 4.615 4.615 4.923 5.231 5.538 5.846 6.154 6.462 6.769 7. 077 7.385 7.692 .16.2 4.308 14 21 4.615 15 22 4.615 15' 23 4.615 15 24 4.615 15 DAYS OF VACATION PER ~EA~ 15 15 17 18 19 2O 21 22 23 24 25 Permanent part-time employees starting after January 1,. 1984, shall earn vacation in direct p~oportion to the number of hours worked per pay period, based on the rate established for permanent full-time employees. On an employee's twenty-fifth (25th) anniversary of service, he/she shall be granted forty (40) additional hours of vacation with pay for that year. This vacation leave must be taken off during that year and cannot be waived to receive extra salary. 13' 16.3 16.4 16.5 17.1 17.2 Paid vacation shall be earned during the first year of employment, but cannot be taken until the end of one (1) year of employment without the approval of the City Manager. Time off for vacation must be approved by employee's department head. An employee can carry-over up to one and one-half (1 1/2) of all earned vacation from one year to the next. Ali vacation time over that amount must be approved by the City Manager. Vacation leave cannot be waived to receive extra pay. In the event an employee is unable to take vacation as a result of their required presence at work as requested by the City, the employee shall continue to accumulate vacation hours unti.± the tithe the City authorizes vacation. This must be approved by the City Manager. SECTION 17 - SICK LEAVE Each permanent full-time and probationary full-time em.ployee shall earn sick leave with paj at the rate of one (1) day per month for each month of full-time employment with the City or 3.693 hours per pay period. There shall be no limit on the maximum accumulation of sick leave. After completing six (6) months of continuous service with the City, an employee may begin using his accumulated sick leave. Permanent part-time employees shall earn such leave in direct proportion to the number of hours worked based on the rate established for full-time employees. 14 17.3 17.4 Sick leave shall not be considered as a privi±ege which an employee may use at his discretion, but shall be allowed in the case of personal illness, legal quaran- tine, disability of the employee, disability relared to childbirth, to receive dental or medical care or if there is serious illness in the immediate family and no other responsible adult is available to care for the iii family member. "Immediate family member" here includes the employee's own parents, spouse, siblings, children, grandparents, grandchildren, and spouse's children who are regular members of the employee's household. If the seriously ill family member, as defined above, is not a~ regular member of the employee's household, the employee may use up to three (3) days of his/her accrued sick leave bank upon furni.shing a doctor's sta~e'men~ citing the family member's emergency or critical illness and the necessity for requiring the employee's care or presence. Sick leave shall also be allowed for counseling or other sickness preventat~ive measures upon prior approval of the Department Head. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than two (2) days, that the employee has been under treatment and supervision of a 15 doctor or dentist who recommends work not be per~'ormed. If the employee has been incapacitated for the period of his absence or a major part thereof, the employee may be required to provide evidence that he is again physically able to perform his duties. 18.1 18.2 SECTION 18 - SEVERANCE PAY The following is the severance pay schedule which shal± become effective for all full-time employees upon reaching tenure of three (3) years. The following schedule is based on a percentage of unused accumulated sick leave. After 3 After 5 After 10 After 1 5 After 20 After 25 years service years service years service years service years service years service 33.3% to a maximum of 35% 40% 45% 50% 55% 96 hours to a maximum of 160 hours to a maximum of 384 hours to a maxxmum of 64U hours to a maximum of 960 hours to a maximum of 1320 hours Th~ Employer shall pay full-time employees the full amount of severance pay at the time of termination. If requested, the employee may elect to receive equal amounts over a period of five (5) years. SECTION ~9 - FUNERAL LEAVE Funeral leave for immediate family, not to exceed three (3) days will be allowed by the City Manager. If more than three (3) days are required, the employee may choose to deduct the extra days over three (3) from either vacation or accumulated sick leave. 16 Immediate family is defined as mother, father, siblings, spouse, children, grandparents and spouse's mother, father, siblings, children, grandparents and grandchildren. SECTION 20 - EM~LOY~'S ~S$ISTANCE PROGRAM The City shall provide an Employee's Assistant Program. The purpose of the program is to help employees and their families identify problems of a personal nature that the employee may not be able to overcome independently and which may have an adverse -~affect on the employee's work performance. The ~Employee's Assistance Program encourages the employee and their families to seek assistance and/or treatment through the Diagnostic and Referral Center. Participation in the program shall not jeopardize the employee's job security, ~romotional opportunities or reputation. All r~cords and discussions of personal problems shall be handled in a confidential manner and shall not become a part of the employee's personnel file. More information regarding the Employee's Assistance Program may be obtained through the department head or the City Manager. SECTION 21 - EYE EXAMINATION The Employer agrees to pay up to thirty-five dollars ($35.00) in each twenty-four (24) month ~eriod of full-time employment toward an eye examination or the purchase of eye glasses for each full- time permanent employee. 22.1 ~CTION 22 - INJURY LEAVE In the event a City employee or permanent part-time employee suffers an injury while in the line of duty for 17 the City, a report of the accident shall be made immediately and all necessary forms completed by the Department Head. 22.2 ~ury leave shall be granted to employees of the City who a~ncapacitated as a result of an injury incurred through no__duct of their own~~a-~n actual perform_ance of t~sig~...~es for the City. Injury leave shall noted against the employee's accumulated v~.i~n or sick l~ever; vacation leave ~..-~ot be granted_ immediatel.y~owing the ret~~of an employee to his/her assigned job. 22.3 n jury leave may be extended up to ninety (_~) days x~~ un. determined sooner~.~~employee can ~. ~ return to .hisS.ti. es. ~ce must be provided by a competent medica~rity that the emploYee is physically abl~eturn t~her a~signed job. In the event~g~r period of time ~ary, evidence ~.st/~/provided _b_y a_.~omp..eten~ me~i~~h~ria~Yy extention of injury leave. SECTION ~ - MILITARY LEAVE A permanent full-time or permanent part-time City employee who is a member of the National Guard or the Reserve Forces of the United States of America shall be entitled to military leave as provided by Minnesota Statutes, Section 192.26 through 192.264. SECTION ~4 - JURY LEAVE Any City employee who is required to serve on jury duty shall be granted an amount of compensation which will equal the dif~'erence between the employee's regular base pay and compensation paid for jury duty. SECTION 25 - LEAVE OF ABSENCE WITHOUT PAY The City Manager may, upon recommendation of the employee's department head, allow a permanent full-time employee a leave of absence without pay for a period of up to ninety (90) days for sickness, disability, disability related to childbirtH, child care leave, or other good and sufficient reasons which are to be in the best interests of the City. Such period may be extended up to one year with the authorization of the City Manager. While on leave of absence withou~ pay, the employee shall not be entitled to accrue vacation leave, sick leave, receive insurance benefits, or earn seniority. Insurance benefits may be~obtained by the employee paying his/her full premium. Child care leave refers to time spent caring for a chi±d in conjunction with its birth or adoption. Disability related to childbirth is the period in which a mother is considered disabled as determined by a physician. SECTION 26 - ABSENCES DUE TO WEATHER In the event of snow storms, should an employee choose not to attempt reporting for work, he/she shall use accumulated vacation or comp-time hours. 19 27.1 27.2 SECTION ~? - LEGAL DEFENSE. Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision, may not receive legal defense by the municipality. Any employee who is charged with a traffic violation, ordinance violation, or criminal offense, arising from acts performed within the scope of his/her employment, when such act is performed in good fait~, as defined in Minnesota Statutes, Chapter 466, Section 466.07 and under direct order of his/her supervisor, shal± be reim- bursed for reasonable attorney's fees and court costs actually incurred by such employee, in defending agains~ such charge. ~ 28.1 28.2 SECTION 28 - RESIGNATION Any employee wishing to leave the service of the City in good standing s~all file a letter of resignation with his/her immediate supervisor at least two (2) weeks prior to the effective date. Any department head wishing to leave the service of the City in good standing shall file a letter of resignation with the City Manager at least two (2) weeks and pre- ferably thirty (30) days prior to the effective date. SECTION 29 - MISCELLANEOUS 29.1 - RELEASE OF NEWS INFORMATION 2O . ~ no City employee shall release any information regarding City business without the approval of the City. In the event information is requested on City business, such inquiries shall be directed to the department heads or the City Manager. 29.2 - DISPOSAL OF CITY PROPERT~ No City property shall be disposed of without the approval of the City. Before the City property is disposed of, a letter of inquiry shal± be submitted to all department heads through the City Manager stating the description and function of the item and if any department is in need of or can utilize the item. SECTION 30 - COMPLIANC~ TO THIS ADMINISTRATIVE CODE 30.1 - CONDITIONS OF EMPLOYMENT This Administrative Code shall be deemed conditions of employment, in the City service and violations of these rules and regulation~ may constitute just cause for disciplinary action or dismissal by the City. 30.2 - ADMINISTRATIVE PREROGATIVE This Administrative Code shall cover the items set forth, however; this Code shall also permit administrative prerogative in making decisions regarding conditions not included in the Administrative Code. 30.3 - POSITIONS COVERED All offices and positions in the City service that now exist or hereafter are created shall be subject to the /?33 21 provisions of the Administrative' Code except the following: 1. officials elected by the people; 2. members of boards or commissions; 3. the City Attorney. 22 A~. ThoMas WM!~ST, PA. CURTIS A. PEARSON. ~A. THOMAS F. UNDERWOOD, ~A. ~OgE~ J- FELIOW~ LAVV OFFICES Wurst, PEARSON, HAMILTON, IArSON & UNDERWOOD MINNEAPOLIS, MINNESOTA 55402 June 13, 1984 Mr. Randall D. Young Public Utilities Commission 780 American Center Building 160 East Kellogg Blvd. St. Paul, MN 55101 Re: City of Mound - Continental Telephone Docket No. P-407/GR-83-294 Dear Mr. Young: Enclosed please find an original and 11 copies of a Petition for Reconsideration filed on behalf of the City of Mound in connection with the above matter. Copies have been served on all parties of record. Very truly yours, JDL: cnm Enclosures cc: All parties of record James D. Larson 173 S-' BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Leo G. Adams Harry Seymour Crump Roger L. Hanson Terry Hoffman Cynthia A. Kitlinski Chairman Commissioner Commissioner Corn missioner Commissioner In the matter of the proposed notice explaining final rates submitted in compliance with ordering I)aragraph number 4 of the Commission's March 23, 1984 Order in Docket No. P-407/GR-83-294. PETmo FOR RECONSIDERATION Docket No. P-407/GR-83-294 The City of Mound respectfully petitions the Public Utilities Commission to reconsider its Order in the above matter, issued on June 5, 1984, approving refund proposal B and across-the-board refunds to all customers. Mound believes that refund proposal B produces an unjust, unreasonable, and unlawful result for the citizens of Mound, for the following reasons. First, the Commission has interpreted the interim rates statute, 237.075, Subd. 3, as requiring across-the-board equal percentage interim increases for all classes. This was not done in this case. Implicit Metro class EAS rates were increased on an interim basis while out-state EAS rates were not increased. Therefore, interim rate increases were disproportionate, with the Metro class paying a much higher interim increase than out-state customers. This discriminatory overcharge was illegally collected and should simply be returned to the Metro customers, with interest. On an interim basis, Mound's res{dential rate was increased from $21.90 to $28.30 or 29.2%, while the non-Metro rate group 1 was increased from $12.55 to $16.25 or 29.5% and rate groUP 2 from $13.80 to $17.85 or 29.3% on an interim basis. The Problem with this approach is that the EAS components for non-Metro rate groups I and 2 were not increased, while the EAS component for the Metro rate group was increased. Since the implicit Metro line access rate was determined to be $13.80, the same as non-Metro rate group 2~ the Metro class should have received an interim rate increase of only $4.05 per month, or from $13.80 to $17.85, the same as non-Metro rate group 2. Mound, however, received a monthly interim increase of $6.40. The difference, $2.35 per month during the 11 month period of interim rates, should be returned to the Metro class. Only after the above described discriminatory overcollection is returned to the Metro class, is it appropriate to decide how the balance of the revenues overcollected during the interim priod are to be refunded. With respect to this issue, Mound would ask the Commssion to reconsider its selection of refund Plan B and adopt refund Plan A. Mound does not agree that Minn. Stat. Sec. 237.075 mandates an across-the-board equal percentage refund to all customers. The statute certainly does not state this. In fact, the statute expressly requires refunds where ~interim rates are in excess of the rates in the final determination,u The Commission has interpreted this language to require across-the-board refunds when interim revenues are in excess of final revenues. Mound does not agree that rates and revenues have the same meaning. Mound believes that the statutory language mandates refunds only when a final rate is below an interim rate. In the case of the Metro class, their final rates ($24.45) are below interim rates ($28.30). Therefore, there should be a refund. Classes with final rates above interim rates (i.e., t~e non-Metro class) are not entitled to a refund. Mound is of the opinion that there is no statutory support for the Proposal B refund scheme and respectfully petitions the Commission to reconsider its refunding order. Mound a~ks that the Commission order Continental to delay the implementation of a refund plan pending the disposition of this Petition. l~e/~/t f~.~ubmitted, WURST, PEARSON, HAMILTON, ~,~ LARSON & UNDERWOOD and James D. Larson 1100 First Bank Place West Minneapolis, MN 55402 (612) 338-4200 Mound City Attorneys -3- WESTONKA SENIOR CITIZENS INC. SPONSORED BY SUBURBAN COMMUNITY SERVICE · A UNITED WAY AGENCY · BOX 42 MOUND, MINNESOTA 55364 June 11, 1984 Bob Polston, Mayor City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Mayor Polston: The Westonka Seniors, Inc. have recently set-up and installed a 9-member "Governing Board" for the Center. It was determined at the May meeting that we should have a representative'from each of the surrounding communities oB this board. The term of office would be for one year. They would be invited to attend our monthly, board meeting and asked for input on impending issues that could effect their city. We will make available a copy of the minutes of the board meetings and dates and times of future meetings for your council members. We invite the City of Mound to send a representative to this board. Sincerely, Merlyn (I~oc) Meier, President Westonka Seniors, Inc. MDM: dmo INTEROFFICE MEMO FROM: SUBJECT: CityManager, Jon Elam Acting Chief, B.K, Roy No Parking Zone DATE June 21 It has come to my attention that the area be~veen Clyde and Dorchester on Islandview Drive is posted no parking in a manner that is confusing for the public. In checking with the Street Department Foreman, Geno Huff, I learned that there is no ordinance prohibiting parking in this location. Due to the hills and curves and to be consistent with the other City streets where parking is limited to one side of the street, I make the following recommendation: The east side (or lake side) of Island¥iewlYrive between Clyde and Dorchester should be posted no parking. The reason for that side being posted above the other is that the east side has many drivmvays. ~e west side would accomodate the residents in the area to park more vehicles on the street than the east side would offer. I would also recommend that the west side of the road, to be consistent with the City Ordinances, be posted No Parking 2:00 a.m. to 6:00 a.m. November 15 thru April 15. A resident has contested a parking tag issued within the past week, which has been voided. The reason for this is if the person were to plead not gnilty, the City would lose the case because there is no ordinance to backup the fine. BI.LLS ..... JUNE 26, 1984 t. Air Comm 172.65 Allstar Electric 2,306.20 Apache Paper 137.16 Assn of Metropolitan~Municip 1,603.O0 Burlington Northern 533.33 Blue Cross/Blue Shield 137.O1 Braun Environmental Lab 18,076.43 Bill Clark Oil 228.25 Coast to Coast 116.79 Contel 1,191.50 C & H Distributors 131.88 C J Industries 150.20 Davies Water Equip 45.61 Driver & Vehicle Services 8.25 First Bank Mpls 4.00 Glenwood Inglewood 52.50 Eugene Hickok & Asso¢ 2,120.41 Hawkins Chemical 114.38 Hayden-Murphy Equip 152.14 Internat'l City Mgmt Assn 256.00 Internat'l Institute Munic Clerks 50.00 Kromer Co. 23.76 Kool Kube Ice 215.90 LOGIS 1,930.04 Lyman Lumber 59.26 Sharon Legg 44.60 City of Minnetrista 140.00 McCombs-Knutson 3,496.00 Minnegasco 615.78 MN Dept Public Safety 40.00 Munitech, Inc 7.50 Mpls Oxygen 21.00 Martins Navarre 66 15.OO Northern States Power 4,194.59 NW Bell Tele 270.05 No Star Waterworks Prod 139.47 Neitge Construction 82.50 Pitney Bowes Credit 26.00 Brad Roy 14.90 Tom Rockvam 202.00 Road Machinery 32.20 Suburban Community Services 898.25 Streicher Guns 17.95 S 0 S Printing '74.20 State Treas-Surplus 8.80 Francis Salden 63.90 Thurk Bros. Chev 15.00 Uniforms Unlimited Von Klug & Assoc Widmer Bros. Waconia Emerg Physician Westonka Sports Westonka Firestone Xerox Corp R.L. Youngdahl & Asso¢ Kirk Corson Commissioner of Revenue Commissioner of Revenue Consulting Radiologist Griggs Cooper Robert E Johnson Johnson Bros Liq Mrs Ralph Lang Brad Landsman City of Mound Metro Waste Control Mound Postmaster P.D.Q. Foods Ed Phillips & Sons Quality Wine Dell Rudolph George Riches Greg Skinner State Treasurer James Thompson Keith Putt TOTAL BILLS 146.40 1,250.00 3,216.72 57.75 132.75 57.54 933.92 3,347.O0 9.34 5,282.88 2,779.62 11.00 2,484.90 730.72 2,790.57 14.90 61.25 45.47 2,103.75 II0.04 1,289.97 2,028.57 76.68 427.50 9.00 27.00 15.00 547.4O 200.00 70,423.98 June 19, 1984 Janet Bertrand City of Mound 5341 Maywood Rd. Mound, Minnesota 55364 Dear Janet, Thank You for considering our services. I am supplying you with a drawing Showing our proposed system layout. Please note the drain tile placement and it's slope direction to the pump. By installing the system in this way we achieve maximum exposure of drain tile to the areas water is most likely to enter and will only be going under a footing once. At that point we will terminate that line of tile into the sump basin. We will discharge the water into the sanitary sewer line or run the discharge outside as you wish. This can be decided later and does not affect our price. Our price is determined on the amount of linear footage installed of the system. The approximate linear total is 214 feet based on measurements I received from you. ! hope you find all in good order and informing. If not please call me. Thanks again. Yours truly, S~~,. INC. Gar~ McClanahan CITY OF MOUND DUCT WORK MUST BE REMOVED PRIOR TO DRAIN TILE INSTALLATION BOTX STAIRWAYS MUST BE REMOVED PRIOR TO INSTALLATION WORK AREA SHOULD BE MADE AS CLEAR AS ~'~': ..... POSSIBLE OF ALL OBSTRUCTIONS ....... 241 40' PUMP DRAIN TILE PLACEMENT AND DIRECTION OF SLOPE. FOOTINGS APPROXIMATE LINEAR FOOTAGE OF SYSTEM ......... 214 PRICE ..................... $4280.00 DRAWING NOT TO SCALE ..( Standard wate'[ .Control Systems, inc. 6066 West Broadway Avenue, New Hope, MN 55428 · (612) 5374849 Waterproofing System To be Inst~lled for ,. :/:. · 8aid Owner ol Job location .... (If not same) . Street ·. City Phone ' ' , Standard Water Control Systems; Ir~c. will fu'rnish'all labor and materi~ls for in'stallati~)n of a~perimeter ·drain tile system, hydrostatic pre~ure relief pump and discharg~ system in the basement at the above address;in accordance with the drawing below. Installation guaranteed to be as specified and completed in a workmanlike manner. ' · ': ' · : DIAGRAM OF ARIA TO Il IERYIGIO Kind of wall covering 'tlt'l~lock EXpolure' :~ll To be Inmtallod~ "' ' · 1; 4" dr=in file ~y~t;~ it a 5 d,gree ~lope to ~ump pump ~ fl. 2. Gravel filter to surround dral~ tll~ ~nd sump b~Hn 3. All cJvitles In bl~ks ~apped 4. Cove plate/tube drainage Wstem on foot ~[~ ft. 5. Plastic moisture barrier 6. Pump'and discharge system .... .. 7. Replace new concrete 8. The Owner Agreea to Pay Conireotor m mum ms followa*, .,_.. _ ~'_ ' ': ' ' A. Price OlWaterprooflng B.. Other ., $ ~ ' · ~. " '"..' C. Principal Balance · .."~ ~, ~T . ;.. D. Down Pa~;menl Made ByOwner $ ,,. E, Unpaid Balance ~ to ~e Fle~,n~ed $ · ,... :. . ". .t ., .. ;..'. BUYERS RIGHT TO CANCEL. If this agreement was solicited at.your residence and'you do not want the goods and services, you may cancel this agraementby mailing e notice to the seller. The notice may say. that you do not want the goods or services and must be mailed before midnight of the third business day'after you sign this agreement. The notice must ba mailed to: · Standard Water Control Systems. Inc.. 6066 West Broadway Avenue, New Hope, MN 55428. ;.' NOTICE · ANY HOLDER OF THIS CONSUMER CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PRO- CEEOS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ACCEPTANCE OF PROPOSAL I have read the reverse side of this egreemen[ and the above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work 'as specified. Payment will be made as outlined. Approval by Standard Water Control Systems, Inc. RITE WAY WATERPROOFING~ INC. ADDE~EYJM TO CONTRACT I, verify that of Rite Way Waterproofing has verbally covered in detaml and thoroughly explained any questions that I may have had on the followir~ points and conditions rela- tive to the contract that I have entered into with them: A. 1. If paneled and/or sheet rocked, it might have to be cut off at the bottom. 2. Even though waterproofed, there miF~ht be condensation on the walls. B. FLOORS: 1. If tiled,' you will lose at least ~wo %o three rows of tile, depending on the width of the footings, which will not be re- placed by Rite Way. 2. If carpeted, carpet will have to be removed and replaced by homeowner. When replacing carpet, the tacking strip is ~o be glued down. 3. Baseboard will have to be removed and replaced by homeowner. 4. It might be necessary to slope floors. C. WINDOW W~1.LS: If window wells are not water-proofed at the time of the initial installation and they leak. this is not a mal- function of the system and it will not be covered by the guarantee. D. BASE~ENT. BATHR00M: 1.. Toilet or other fix-tures might have %o be removed. 2. If ceramic tile is in this area, we do not assume responsi- bility if it cracks or chips. Eo OTHER: 1. If you have an cji tank that has %0 be moved, ~t should not · hav. v,e.~more than 40 gallons of fuel in it. ~_All objects near or along walls will have to be moved. ~We will be leaving a gap between the floor and the wall to catch any moisture from the walls. 4. If there are objects such as a ~rnace or steps that can not be removed and we have to tunnel under them, we w~ll not guarantee that area. 5. If the contract states +~hat the home owner is responsible for moving certain objects, this must be done before we arrive to start the job. If not and it be~ames necessary for Rite Way personnel to ~.. O~e it, we will n6t be responsible for any damag~ resulting. e home owner is responsible for having an electrical outlet installed for the pump. ..d_-?T'~.-~y the areas waterproofed are guaranteed. ~./The location of the collection point has been agreed to by ~ ,J~fe homeowner. f~/9. There will be a service charge for any malfunction, i.e., re- placement of pump, even ,if it is under warranty, if not the fault of the system. RITE WAY WATERPROOFING CUSTOMER RITE WAY WATERPROOFING ADDENDUM TO CONTRACT PROPOSAL NO. I, , having entered into a contract with Rite Way Waterproofing, have decided to accept the following selected guarantee for the work they do: A. - / :WATERPROOFING, INC. 7337 I~KE DRIVE LINO LAKES, MINNESOTA 55104 n mahle, t uaran The WATERPROOFING SYSTEM has been Installed In the basement of the residence located at the following address; THE GUARANTEE PaO¥lOt~O HEREIN DOES ItOT COVER BXMPNESS ON THE BA~£MEJ~T WALLS - IT OO£S COYER ANY WAT[R LEXrd, G[ OR FLOW. DATE CUSTOMER SIGNATURE Be WA2' BP F G, INC, MINNEAPOLIS, MINNESOTA The ~?-~--~-"~ WATERPROOFING SYSTEM has been installed in the basement of the residence located at the following address: The ~:)~-~./.c~. SYSTEM providese per: menent and positive built-in ~lraineoe system, guaranteed her~ith to maintain e basement constantly dr/of ground water for the life of the house. This guarantee covers all areas where the system has been installed against any future water problems due to malfunction of this insf81- owner in event of future sale of the ebov~ ra.ddenco. Sanitary $inver systems and/or submersible pump~ net covered under this guarantee. If a pump is used, owne~ must n~intain pump, which is covered b~ e separate war. ranty. If window wells have beea waterproofed I~ Rite- Way, it will be the owners responsibility to keep th~n lotion. This guarantee is transferable to each successive free end clean of debris. THE GUARANTEE PROVIDED HEREIN DOES NOT COVER DAMPNESS ON BASEMENT WALLS-IT DOES COVER AXY WATER LEAKAGE OR FLOW. DATE CUSTOMER SIGNATURE%'~/~/' .( o ; ARCHITECT ~v' 0ATE OF PLANS JOB NAME JOB LOCATION JOB PHONE PRE-INSTALLATION CONDITION OF BASEMENT AREA f-] WALLS: ~:~(~k I-I Poured I-I Paneled O WIN00W WELLS: (Specify location of damaged O Sheet Rock [~ Painted Damages: (Specify No.. E., So.. W.) D BASEMENT '~ATHRODM: n FLOORS: ~ncrete i-JTIled ['1Painted [-1Carpeted Dam.ge,' (~ ,~,, ~ ,/'Yrl Z'/fi'r* ~'/~'-~ ·, ^ -~ n REQUIREMENTS: nwi .... ~h & Stucco This proposal {I,e., contract} entalla the following activities to be pedormad by Rite. Way Waterproofing, Inc. II installation of the Rite. Way waterproofing syslarn in the residence Iocaled al the above address. 2{ Thie will be a complete waterproofing sysje['~_[ncompaesing the e~e perimelel of the basement unless otherwise limited. specilicalty delailed in 3) below. Total ~eal leal. / /~ , ;~' 31 In li.u of a complete lyslem only Ihl folluwing steal ate Io ~ ~ =outhWall C~ lt. The ownerlsJ acknowledge{si that I/we was/were orally informed of my/our right to cancel this agreement as required by law and that f/we have been turnished with an exact copy of this contract. You, the buyer, may cancel this purchase at any time prior to midnlghl of the lhi~d business day after the date o! this purchase. See attached notice of cancellation form lot an explanation of this right. Receipt of two copies of notice et cancellation is hereby acknowledged by owner{si. Owner agrees that in event of cancellation beyond three business days of this contract date. owner shall pay on demand twenty-live [25%1 per cent of the contract price es its stipulated damages for the breach. The seller has a right to a second mortgage on the real property being improved or to a securely interest on personal property if involved in Ibis transaction. Il no security is taken, seller is entitled to lien rights Io the property of 1he Buyer as above described on which labor end malarial is lurnished. ~d)a.,,~r-0pppa hereby'to furnish material ~nd labor - complete in_accordance with above sp~ecifications, for the sum of: ,.v..~, ,o ~. --?.,~,,~ ' ~ ..... ,/5- - ~ ' ~ ~ lc~ , MINUTES OF THE MOUND ADVISORY.PLANNING COMMISSION MEETING 'June 11, 1984 Present were: Chairman Frank Weiland; Commissioners Liz Jensen, George Kinzer, Wil'liam'Meyer, Geoff Michael and Michael Yargo; Council Representative Pinky Charon; City Manager Jon Elam; City Planner Mark Koegler; Building Official Jan Bertrand'and Secretary Marjor:ie Stutsman. Commissioner Robert Byrnes was absent and excused. Also absent was Thoma.s Reese. Also present were the following.interested persons: James Rafferty, Steven E. Amick, Glen Hill, Gregory~D. Gustafson, Herbert Wolner, Howard Hagedorn, Keith Kullberg, Dale. Pixler, Steven.and Jacquely~'Spencer, Gloria Yule, LeRoy and Nancy Poetz, Gary Sha.leen, Richard Sufficool, Keith and Kathy Putt, Rock [indlan, Jay Gy!len and Dennis Geffre. ~' The Chairman welcomed those persons in attendance. MINUTES The minutes of the Planning Commi~ss[on'meeting of. May~14, 1984 were presented for consideration.. J~nsen moved and Meyer.seconded a motion to approve the minutes Es presented. The. vote was unanimously in favor. The minutes of the Special Joint Meeting of the City Council and the Planning Commission on May TS, 1984 were also included for the Commission's information. BOARD OF APPEALS' 1.. Case No. 84-'327~ Sign on Bartlett Boulevard forWestonka Auto'Body, 4839 Shoreline Boulevard; Lots 5,18, 19 and part of 15, 16 & 17, Block l, Shirley e The Building Official explained that the'.handout tonight was on the results of the City Council on.the Westonka Auto.Body sign variance on Shoreline and their referring.the sign request for Bartlett back to the Planning Commission. HoWever, Brad Patterson has not submitted any plans or drawings for the sign yet. Cases 84-328 & 329 Lot-split Subdivision and Lot Wi~dth Variance Lots 2, 3, 34 & 35, Block 15, Arden James.Rafferty was present.. The Building Official explained that the Planning commission had denied the former, request because they didn't want 20 fgot lot width on the road or on the commons and that ~she 'had talked with Mr. Rafferty and Fred Kellogg and she believed they were going to come up with a.new proposal. Mr. Rafferty explained the reason for his proposal was to give the existing house more sideyard to the property line; door is 2 feet from present prop- erty line. And also to give opportunity to build a wider home on the pro- posed wider lot--feels it would give nicer home and generate more taxes for the City. City Code requires 40 foot lot width minimum in this zoning dis- trict. The City Manager explained the idea of the Planning Commission is to bring parcels into conformance. Location of house is not in conformance and house could be moved; this lot split would create 2 nonconforming lots. Rafferty presented 2 alternative proposals. "B'~ was to be to go with a 36 and 44 foot lot width on the street.front and the reverse on the Commons (10% of conforming width). "C'" was a compromise between "A" and Planning Commission Minutes June 11, 1984 - Page 2 Mr..Rafferty'would li~ke to go with proposal "C" as his second choice. Michael not comfortable with a 30 foot street front width and Meyer agreed. Vargo moved to approve the lot split of this property allowing 36 feet and 44 feet on t~e front portion of the lot and the opposite on the lake portion. .(Exhibit "B" as corrected)..The motion was seconded by Weiland. The motion was discussed. Michael didn't see a hardship. Vargo stated the inappropriateness goes back to when they made a lot 40 feet wide and 200 feet deep; seems reasonable to add'an amount to existing lot so he could paint house without being on neighbor's property, Building Official advised these are 4 separate tax parcels. Jensen stated, not correcting a whole lot by splitting a conforming lo, t; house could be moved. The vote on .t.he motion was all in favor of denying the request. ,· Case No. 84-331 Public Hearing for Conditional Use for'a gas station- convenience store for Superamerlca Stations, ~lnc,, 5377 Shoreline Boulevard Metes & Bounds Desc., Block 4, Shirley Hills Unit F Planner Mark Koegler noted that somet·ime ago the Superamerica proposal was before the Planning Commission and Council for a change in the zoning and at that:time, the City Council approved an amendment to the B-1 provisiods of the ordinance permitting'motor fuel stations and motor fuel station con- venience store as a conditional'use. Then he. touched on the two basic under- lying problems with the site;.1) possible hazardous.waste mat.erial on site (written analysis portion of.study not.in yet) and 2) area proposed is part of a general re-development proposal that has been kicked around that was formulated by Kraus Anderson.· To date, there is no written agreement or plans with Kraus Anderson. The Supecamerica 'proposal is for a'1900 square. · foot station store to be located·where the Metro Station is now. Koegler reviewed the Staff report a~d recommendations. The C.hairman opened the meeting to any questions from the Commission. Vargo qqest.loned object of bumper fence. Discussed that it was perhaps to stop rolling cars or headlights of cars. Also discussed was possible gas spills in this location as it·is adjacent to t.he.Wetlands. Planner stated this plan or any other would have to.go.before the Wat.ershed District. Jensen would like to see how headlights might impact on traffic on Shoreline and also questioned parking requirements. Greg Gustafson, Attorney for Superamerica, stated that he and the two other men from Superamerica were glad to answer any questions. As for signage, they will work with the Staff. He stated that City may want the main sign higher than 15 feet because from experience, they noted a lower sign can be a traffic h'azard. Main issue seems to be parking. There would be 12 stalls for the gas pumps and the other 7 proposed would make a total of 19. They stated they don't have parking for their stations in excess of what they have found to be adequate/but that Superamerica doesn't gain by not having adequate parking. To Meyer's question on whether the 18 inch fence would define area and make it look more concise, they stated Superamerica prefers to use landscaping rather than a fence. Riannin§ Commission Minutes' June 11, 1984 - Page 3 Other comments: Herb' Wolner stated he developed this property in the early 5O's and. would like to see the new investments and City improvements and the increase in the tax base. Also stated he is opposed to unreasonable delay or.anything too technical so they couldn't comply with requirements of the City. City Manager stated this is classic Planning Case case of "do we take the short term easy. way out (which is the gas station) and lose 5 million big 'out in the long term in 1985 or 19867'1, It is a case the Council will have to deal with, not the Planning Commission, and Superamerica is well aware of this. From a Planning standpoint, this is worst location for a gas station; it really impacts on the potential use of iand on either side of the station. Station should have been built at Cypress and 15. Choices the Council has probably are to approve or not approve; risk to not approve is that the big development you looked at last year won't happen or that the City will be faced with buying the property. Vargo thought there are other properties that are better sites for this operation. Wolner stated that the oplnio~ in the beginning was that the area was not subject to development at all; nothing but swamp.and the lost lake and he came in with the idea that We should improve the property. He went to the Catholic .Church and~they deeded over the property to the City for public purposes with the intention that the City would not use other.real estate for their'City development and with the idea, we would have City Offices down. there, the Fire Department down there and boat dockage for people in the outlying area to get ~o Lake Minnetonka as there wasn't, much access at that. time. We've the station there.and We've had a car wash there and other development. The Planning Commission should approve this station as this is the highest'and best use we have right now. Kinzer stated he hate to see. short time gain; like to see station on a site at another location. Commission discussed that site doesn't meet minimum lot size. · Michael moved and Vargo seconded a motion to deny the request. Discussion followed that there is a scheme for future development of area; whether gas station should be there or something else; whether or not the current use permit for. site has expired; could be redeveloped at a later date--however, that would be very expensive. Present Superamerica Station is terrible traffic hazard. Proposed site only one in town going through throes of future development. Vargo doesn't think Superamerica Station is the highest and best use of this land The vote was ~ensen and Weiland opposed to the denial; Kinzer, VaPgo, Charon and Michael in favor of the denial with Meyer abstaining. Motion carries. Ci-ty Council to set the public hearing date at their June 12, 1984 meeting. Case No. 84-332 14 Foot Front Yard Variance on vacant lot east of 1736 Shorewood Lane - Lot 21 as described on survey, Block 4, Shadywood Point Howard Hagedorn, Keith Kullberg and Dale Pixler were present. Planning Commission Minutes June 11, 1984 - Page 4 The Building Official.explained that Sunrise Landing is an unimproved public ri~ght-of-w~y and because this lot is on this right-of-way and also on Shore- wood Lane and in the R-2 Zoning District, two 20 foot front yard setbacks are required.' The applicant is requesting a 14 foot front yard variance so he can construct a dwelling and a detached garage building within 6 'feet of Sunrise Landing. The lot width at th~ proposed building line for the house is approxi- mately 53 feet. The bay window and fireplace are ornamental.features which are allowed in the side yard provided they do not extend more than two feet into 'a yard. Garage doors would open to the. north. Sunrise Landing is'used for 'boats mainly from the neighborhood. Due to the lakeshore setback of 50 feet and the street front setback, ~there is approximately 38 feet in which to put structure. Because of the topography 'of the site, the detached garage would be placed higher on.the lot than the dwelling. Pixler stated that these struc- tures have been designed to fit the lot and make the best use of the site. Charon moved and Michael.seconded a motion to approve the 14 foot front yard variance as requested.~ The vote was unanimously in favor. Jensen commented that this is a.recently subdivided lot and that we should look divisions to see if we are creating buildable lots. This will be on City Council agenda June 26,'1984. o Case No. 84-333 2 Foot Front Yard Variance for 3017 Longfellow Lane Lot.3~ Block 8, The Hi§hlands Steven and Jacquelyn Spencer were present. The Building Offic. ial exp.lained that Mr. Spencer is proposing to cut into the hill and is requesting to' construct a garage to within 2 feet of the south property'line. This i.s a thru lot.which fronts on Longfellow Lane and go through to Cherrywood. The driveway approach is on a curved corner; by bui.lding into the hill, it would give him a better approach to the 26 by 26 foot block garage he 'is proposing. He would need' a one hour fire rated wall which the block constructiOn~would accomplish. Garage is for 2 cars and a trailer.: Discussed that garage can be built within the setbacks and get plenty of garage space.. Vargo moved and Jensen seconded a motion to deny the request as no hard- ship. All in favor of the denial. This will be on the City Council agenda June 26, 1984. Case No. 84-334 Western Tree Service re use of vacant lot south of 2544 Commerce. This'application was withdrawn as they are moving from this location. They have requested a refund of the fee. Jensen moved and Vargo seconded a motion to recommend refund of fee. The vote was unanimously in favor. This will be on the City Council agenda June 12, 1984. Case No. 84-335 5 FQot Front Yard Variance for 1620 Eagle Lane Lots 6 & 19, N. ½ of Lot 18, Block 11, Woodland Point LeRoy and Nancy Poetz were present. Planning Commission Minutes dune ~11, 1984 - Page 5 The Building. Official explained that applicants have an existing home on this site and would like to take that.home down and replace with a new struc- ture plus an attached tuck under garage. The house to the north has a 30 foot setback and one to south is pretty much in line with their existing home. Section 23.408(6) allows the front setback to be averaged with the adjoining structures, but his doesn't come quite up to that. Request is for a 5 foot front yard variance, the same as their present house setback. Michael moved and Meyer seconded a motion to approve the request for a '.5 foot front yard variance. The vote was unanimously in favor. This wilt be on the City Council agenda June 26., 1984. Case No. 84-336 3 Foot Front.Yard S~tback Variance for 1687 Eagle Lane Lots lO & 11~ Block 3, Dreamwood Gary Shaleen was present. The Building Official explained [equest ~s to construct a 10 by 12 foot deck on the south side of~ a newly constructed home within 21 feet to the south property line.' Charon moved and Jensen seconded a motion to approve the 3 foot front yard setback variance for construction~of a 10 by 12 foot deck upon the condition that it not be enclosed without additional variance approval. The vote was unanimously in favor. This item will be on the City Council agenda June 12, 1984. Case No. 84-337 Floodplain .Variance, 4.7 Existing Sideyard Variance & Lake- side Variance for 2072 Shorewood Lane Lots 13 & 14, Block~l, Shadywood Point Richard Sufficool was present. The Building Official explained that Mr. Sufficool Would like to construct a screened in porch 12 x 22 feet on~the.S.E, corner of his house. The parcel has a 25.foot access from Shorewood Drive to the property (Code requires 60 feet); existing accessory building is 3.1+ to the property line (Code requires 4 feet); dwelling has a~set'back to the lak--e of 39 + feet and a side yard set- back of.5.3 feet (Code requires 50 feet and 10 feet--respectively); dwelling's first floor is 1 2 feet below the requ'ired minimum flood plain elevation and the elevation'of the.proposed addiction is .5 to .7 lower. The proposed addi- tion would be designed by a registered structural and a Minnehaha Creek Watershed permit would be necessary to be obtained before building permit approval.. Discussed at length and that Lot 14 is not a building lot. Vargo moved and Michael seconded a motion to approve the variances requested with the Staff's recommendations including that the screen porch not be enclosed. The vote on the motion was unanimously in favor. This item will be on the City Council agenda June 26, 1984. Planning Commission Minutes June 11, 1984 - Page 6 10. Case No. 84-.338 Temporary Sign Permits for Various Locations for A1 & Alma's Restaurant at 5201 Piper Road, Lots 1 & 2, Block 8, Whipple No one was present regarding this request. The Building Official stated that the.requested signs are of a legal size and are being mounted with Lakewind's signs. The City Manager will approve the sign and a refund'of the fee made. 11. Case No. 84-339 Conditional Use Permit Request for Tanning Studio at 2347 Commerce Boulevard, Metes and Bounds Description, Auditor's Subd. 167 Keith and Kathy Putt were present; also Rock Lindlan was present. The City Manager explained that the first'time a tanning studio came along was in March of 1983 when the one by the Legion came in; since then they have become recognized as a standard norm rather than some exotic kind of use. Not much difference'between them and a beauty shop treatment. Rock Lindlan pointed out that commercial recreation designation given tanning studio's was inappropriate zoning definition for tanning studi°. The City Manager stated that if the Planning Commission defined this business as a beauty shop type of use, a conditional use permit would not be required and they not have to go through 'the process. The Planning Commission looked at the definition for commercial recreation and also at the permitted uses within the B-1 District. Discussed the use and decided that due to the nature and the layout of the tanning studio, it was similar to a beauty shop and if weight rooms, exercise rooms, etc. would change the use and require a conditional use. Charon moved and Jensen seconded a motion to consi.der this a permitted use within the B-1 District and approve under "beauty sh0ps'l. The vote was unanimously in favor. Council action not.required on this item.. City Manager advised that the fee paid for the conditional use could be applied on the building permit fee. DISCUSSION Discussed briefly Westonka Auto.Body's request for a sign on Bartlett and that he is probably back at drawing board designing a sign. Also discussed that Babler has.painted a sign on his building which is in violation of the sign ordinance. Chairman Weiland reported he received a letter from Mueller Drug asking Commission to guarantee him space in the proposed development next to the Mound Medical Clinic. Discussed that the Commission does not have any jurisdiction on something like this. ADJOURNMENT At 9:55 P.M., a motion was made to adjourn the meeting. was adjourned. All in favor, so meeting Attest: Frank Wei!and, Chairn-,an June 15,1984 CITY of MOUND 534t MAYWOOD ROAD f,!OUND, f,,,;INNESOTA 55364 (612) 472-1155 To: City Council From: City Manager Enclosed is the latest from the Insurance Company on our Workmans Compensation Rate and a list of claims. The best news is that between 1982 and 1984 we have reduced our Workmans Compensation Modification Rate from t27 to 107. This is important because it is an a determiner of rates, i.e. you set the rate for the classification and multiply it by the Mod Rate as they call it. Thus we are making real progress. 1985's rate, assuming no major calamities, promises to be below 1OO (est. 92-95). The management of our Insurance efforts is really an important one especially in light of the fact that this year we saved $45,000.00 dollars over what we had budgeted. JE:bam eric. UJ IAI /7, 2 N · J U U ~J X ~ o,~ '13 ~ ~ ~ ~ ~ o ~ 0 '- ~~ ~ 8~~ ~ 88~'- < o~8~°~= o '==~ -- * ~g u~ o ~ ~0 Z~ ~ -: ~ ~ ~ ~ I ~ . [1~ D NN CITY OF MOUND Mound, Minnesota DOCK PROGRAM UPDATE June 14, 1984 As of June 13, 1984, 347 sites have been checked with the following results. 192 were okay and tags were applied to the docks. 42 needed some repairs and letters were sent explaining what needed to be done before tags were issued. !13 sites did not have docks in place as yet. 22 owed an additional fee for "L", "U" or "T" docks. There are approximately 60 left to inspect before all 400 will have been checked the first time around. This will'be completed next week. Many special requests have been answered by phone as well as staking Out sites for those requesting this. The follow-up visits to all areas will probably begin during the last week in June. Checks to see that registered boats only are at the proper docks will follow that. The cooperation and response to this year's program is good. A few problem areas that have all been solved at this date. Respectively, Dell Rudolph Dock Inspector r'.'fetropoiitan Ccuncil 300 :'.tetro Square Building Seventh and Robert Streets St. Paul, :,:innesota 55101 Telephone (612) 291-6359 June 15, 1984 TO: Hennepin County Local Officials I have been recently named a member of the Board of Directors of Clean Sites, Inc., a national hazardous waste clean up program. The first meeting of this board is on June 29 and thus I will have to reschedule the regional meeting planned for that date. The regional meeting will be held on J~l~_~2~7_3t the same location, the Copper Kettle Restaurant, 225 Central Avenue, Osseo. Again, it will be a dutch treat breakfast at 7:30 a.m. I'm sorry if this causes you any inconvenience. If you have any questions, please call Bill Lester at 291-6630. Please R.S.V.P. Rosemarie Johnson at 291-6461. Sincerely, Sandra S. Gardebring Chair Hennepin County Legislators, Administrators/Clerks SSG/kg west hcnncpin human scrulces planning board I~~ ~4101u~rn°n avenue s°uth'920-5533 st, louis park,Junemlnncs°~a 5541618, 1984 TO: FROM: Mayors of West Hennepin Member Municipalities Marcy Shapiro, Executive West Hennepin Hum'an Services Planning/Boar~/ The issue of residential care for chronically mentally ill adults has been an important concern of the Legislature, the Hennepin County Board, the Minneapolis City Council and some suburban City Councils in recent years. The difficulties related to providing residential care are a combined result of legislative changes, zoning and site location ordinances, Department of Human Services rules, stigmas and myths, and the ever present shortage of funds. In May of this year, Hennepin County released six Requests For Proposals, indicating an intent to establish six additional residential programs for the mentally ill to start up by November of this year. Clear direction has been given to potential vendors to seek locations outside of the already impacted areas of Minqeapolis. Legislation passed in this last session directs counties to establish a moratorium on new facilities in these areas to relieve over-concentration, and to implement a dispersal plan that will direct residential programs to be located in other parts of the County. We are aware that several of these potential vendors are actively looking for suitable sites in suburban communities. Perhaps you have already been contacted in this regard. The West Hennepin Human Services Planning Board and the Northwest Hennepin Human Services Council are prepared to be of assistance to suburban City Councils and Planning Commissions by providing information that would be helpful in the process of working through some of the steps involved in locating a residential facility in a suburban community. We offer an excellent manual that covers the legal and regulatory aspects, provides summarized information on human services rules and good information on mental health clients and programs. At your request and convenience, a member of our group could come to a City Council or a Planning Commission meeting, highlight the manual and leave it with you. We could also provide you with some information about existing programs and resources and other information that would assist you in working with your community. Even if you are not involved in a conditional use process right now, we believe that the materials would be useful for the future. Because of the new State laws and the timing of the Requests For Proposals, we would like to meet with you within the next 60 days. Please call me at 920-5533 to arrange for a convenient time. cc: Planning Commission Chair CITY of MOUND 5341 MAYWOOD ROAD MOUND, Mtr~NESOTA ~,~4 (612) 472-1155 TO: FROH: DATE: SUBJECT: Jon Elam, City Manager Chris Bollis, Park Director June 14, 1984 Contributions to the City through~ the Gift Catalog The following is a list of people who have contributed to the City through the Gift Catalog: Kay & Jeffry Dunn $20.00 - I have contacted Kay and she has no preference of shrub or a location. She wants us to use our judgment in determining a spot. Charles Howe $20.00 - I have not contacted Mr. Howe, but his application stated unspecified shrub and location. 3. Terry Sincheff-Trees for Brookton Park - I have spoken with Terry and will mark the locations for the trees. Roger Laurence - Approximately 100 3" diameter trees - I spoke with Roger; he has no preference of locations. City will pay moving cost for the trees. He and I are going to meet at his farm to examine the trees. Peter Meyer (Jackie's Husband) - He has offered to do some rewiring in the basement at the Depot to make the light switch and plug more accessible. 6. You gave me a note about the Indianhead Players, but at the present time I have no information on their contribution. Chris Boll is CB/ms aeeociation of metr. oj o!it.an munlclpalll'le$ June 18, 1984 TO: FROM: RE: Mayors, Managers~Administrators Vo terson, Executive Director ANNUAL REPORT OF OPERATIONS FOR 1983-84 MEMBERSHIP YEAR The Association of Metropolitan Municipalities (AMM) has just celebrated its tenth anniversary and I am pleased to submit to you the attached annual report of operations for 1983-84. As you will note from the report, the financial condition remains strong and the number of member cities stable. 1983-84 was also a good year for the organization from a Legislative standpoint and it had major impact on the decision making process at the Metropolitan Area level. I would like to emphasize that the AMM Board Members and Staff welcome your inquiries, suggestions and advice as to how we can make the A~H~ more beneficial to you. Let us hear from you. Your participation and input is what makes the AMM work! VP/cw attachment aeeociation of mefr. oj:)o![i~gn munlclpallTlee ANNUAL REPORT OF OPERATIONS FOR MEmbERSHIP YEAR 1984 - 1985 Issued: June 19, 1984 AMM ANNUAL REPORT OF OPERATIONS LEGISLATIVE ACTIVITIES A major purpose of the AMM is to provide representation (lobbying) for the common interests and concerns of its member cities before the Legislature, State Executive Branch; and State Agencies. The AMM had 103 action legislative policies or positions for the 1983-84 legislature biennium. Over 65% of these policy positions were completely or partially accomplished. These policies were the product of many hours of work by the five AMM standing policy committees (General Legislation, Housing, Metropolitan Agencies, Municipal Revenues, and Transportation), Board of Directors, and Staff. Eventhough the 1984 Legislative Session only lasted seven weeks, several major items supported and lobbyed for by the AMM were passed: restoration of the 1984 LGA shortfall meaning cities will receive aids in 1984 at the certified amount plus any reduction caused by the underfunding proration. The 1985 LGA will be fully funded using the current formula of adjusted local revenues base minus ten mills times the equalized assessed value. While the Legislature did not grant every city a six percent increase for 1985 as called for by the AMM policy, a grandfather clause was adopted so that no city will receive less than the 1984 certified amount plus supplemental aid. A new Regional Transit Board (RTB) as called for kn AMM policy will be created as of July 1, 1984 to replace the policy function of the current MTC and to concentrate Metropolitan Transit concerns into one agency. Also as called for by AMM policy, property tax feathering is mandated for taxes payable in 1986 with funding loss to be replaced from the state general bank. Also major amendments consistent with AMM policy to the Solid and Hazardous Management act of 1980 were passed. In addition to establishing funding for solid waste abatement, recycling and resource recovery type activities and continuing funding for landfills that "go bad", cities containing landfills can be compensated for the local risks, costs and other adverse affects that the landfills cause such cities. The AMM was also successful in defeating several bills which would have affected cities adversely. Space limitation does not permit a detailed description of other items but for a more complete analysis of the legislature activity, please see Appendex A attached and also the "Sum~ry of Legislative Acts" mailed to AMM member cities on May 11, 1984. II. METROPOLITAN COUNCIL AND METROPOLITAN COMMISSION ACTIVITIES A second major purpose and priority of the AMM is to advocate in a united effort city concerns with respect to the policies, programs and activities of the Metropolitan Council and Metropolitan Commissions. The AMM was very active at the Metropolitan level this past year and it was also a very successful year for the AMM. The AMM led the effort to totally negate the issue of Metropolitan Council involvement in IDR Bond selling and in the Metropolitan Council establishing a 503 corporation. The AMM successfully initiated a delay by the State Cable Board for designation of the Regional Channel 6 Agency to give citie III. IVo . -2- and other interested parties rmre time to compete against the Metropolitan Council application for such designation. The AMM is continuing to act as the lead agency in putting together alternatives. The AM14 once again was involved in the Metropolitan Council's budget adoption process and was responsible for getting the Council to reduce its 1984 property tax levy. While the reduction was not as large as called for by the AMM Board, it saved the taxpayers more money than the total AMM's budget! The AMM also played a major role in modifying the recommmndations contained in the Metropolitan Councils Regional Services and R~venues Study so. that the adopted recommendations were consistent with AMMBoard adopted recommendations. Last but not least, the AMM served as the catalyst insuring that an independent management study will be conducted mf the Metropolitan Waste Control Commission (MWCC) operations as called for by the "Boland Commission". An independent "Advisary Committee" is being formed to supervize the study and the AMM has three representatives on this committee. The AMM was also involved in other items of less importance which are too numerous to detail. With a new Chair at the Metropolitan Council and new Chairs to be appointed soon for the MWCC and RTB, the coming year should also prove interesting. Early signs indicate there can be better relationship between the Metropolitan Agencies and local units of government. The A34M wi!l cooperate and coordinate with the Metro Agencies to the maximum extent possible .... but the AMM will continue to pursue its own agenda with vigor and forcefulness in the best'.interests of its member cities! SUPPLEMENTAL SERVICES The AMM also provides a number of support services to its member cities in addition to its lobbying activities. The Annual AMM Levy Limit Seminar was attended by over 100 persons and in addition to AMM member city officials, approximately 20 LMC member cities outside of the Metropolitan Area were represented at the Seminar. The AMM once again coordinated and managed the Metropolitan Area Salary Survey and provided one-third of the.total funding for this survey. The AMM contined its financial support for the ongoing, coordinated labor relations effort in the Twin City Metropolitan Area and also.produced the Annual Elected Officials Salary Survey. The AMM staff continued to provide the Secretarial/Administrative support for the Metropolitan Area Managers Association (MAMA). Last but not least, through its Board of Directors and Staff, the ;3~M continued to have direct representation on several key Metropolitan Council Advisory Committees including the Telecommunications Advisory Co~mittee, Long Term Care Task Force, Transportation Advisory Board (TAB) and the T.ec.~nical Advisory Cormlittee (TAC) and Chairmans Advisory Committee (CAC) of Local Officials. ;~MBERSHIP AND FINANCES The ~ ended the membership year with 66 member cities containing almost 90% of all the people living in the 7-county metropolitan area. During its ten years of existance, A.~M membeuship has increased from 53 rmm~er cities to the present total of 66. As was noted in the President's Annual Report at the .~qnual Meeting on ;fay 30th., the.'A~'s annual expenditures ~ave increased at an annual -3- of just over 6~ per year. ,,during its ten uear historu which is approximately 3° per year" less than the average inflation rate increase during the same period. It is also worth noting, that as a percentage of LMC dues, the AMM dues rate has decreased from a high of 60~ in 1974 to 47~ for the year just ended. For the year which began on June 1, 1984, the AMM dues rate is 46~ of the LMC's dues schedule for each member city. The AMM expenses for the year were $160,029 and income from all sources totaled $168,966 for a net gain of $8,937. (see Appendix B for more detailed budget and financial data). 1984-85 EXPECTATIONS The AMM has just completed its tenth year of operation as was commemorated at the Annual Meeting on May 30th. As we began year 11, there is certainly reason for optimism but there are a number of uncertainties as well. A newly appointed Chair (Sandra Gardebring) has just been installed at the Metropolitan Council and a new chair has just been named for the Metropolitan Waste Control Commission {MWCC) Members will soon be appointed to the newly created Regional Transit Board (RTB) which will take over most of the present functions of the MTC. The AMM must continue to be active and alert to protect member cities interests at the Metropolitan Akea. The next few months will also be crucial as cities and city organizations attempt to achieve an internal consensus with respect to the formula for distributing state municipal aids. The AMM's Municipal Revenues Committee has this item as its highest priority for this fall's committee work program. In spite of good intentions and a strong committment to meet this issue "head-on", a consensus position will not be easy. What does this all mean for the future? While there are some uncertainties and probably difficult challenges ahead, the AMMis well positioned to respond to these uncertainties and challenges. As newly elected Ai4M President, Ron Backes said at the Annual Meetting. "Your help is needed. The AMM is not just my organization nor is it just your organization. The AMM is our organization! APPENDEX B SECTION I PERSONNEL Salaries PERA Health Insurance Social Security Life Insurance 1983-84 ACTUAL* $101,420 5,578 3,380 6,187 585 $117,150 1983-84 BUDGET $101,800 5,600 4,500 6,200 6OO $118,700 1984-85 BUDGET $111,850 5,000 4,220 6,900 7O5 $128,675 OPERATIONS Conferences & Travel Rent Telephone Postage Equipment LMC Services Office Supplies Miscellaneous Audit $ 4,962 6,064 2,178 2,329 315 4,283 536 880 610 $ 22,157 $ 6,000 6,200 2,500 2,300 5OO 4,600 1,200 1,000 625 $ 24,925 $ 6,000 6,500 2,500 2,500 400 4,600 1,200 1,300 650 $ 25,650 SUPPLEMENTAL SERVICES Salary Survey Labor Relations Newsletter Con~nittee Support $ 14,639 3,270 1,363 1,450 $ 20,722 $ 14,600 3,270 2,400 1,200 $ 21,470 $ 15,700 3,270 2,100 1,400 $ 22,470 $160,029 $165,095 $176,795 *Pre-Audit Figures SECTION II SECTION III APPENDEX B FUND BALANCE STATEMENT (Pre-Audit) 1983-84 Membership Year Beginning Year Fund Balance Dues Income Interest and Miscellaneous Income $ 61,268 155,434 13,582 Expenses Year Ending Fund Balance Net Gain (.Loss) STATEMENT OF PROJECTED INCOME, EXPENSES AND FUND BAL~CE 1984-85 Membership Year Beginning Year Fund Balance $ 70,205 Projected Dues Income 160,000 Projected Interest and Miscellaneous Income 10,000 Projected Total Available Funds Budgeted Expense Projected Year Ending Fund Balance $230,234 160,029 $ 70,205 $ 8,937 $240,205 176,795 $ 63,410 ? ? ? WESTONKA COMMUNITY SERVICES 5600 Lynwood Blvd. Mound, MN 55364 June 18, 1984 TO: FROM: SUBJECT: City Mayor~ City Councils City Administrators Don Ulrick, Westonka Communit~ ServiG~ Doc Meier, Nestonka Seniors , /Inc. Ben Withart, Suburban Community Services SIX MONTHS FUNDING OF WESTONKA SENIOR CENTER, JULY THRU DECEMBER 1985 This communication is an initial step in involving the cities of our area in the funding for the Westonka Senior Center staff. The existing funding will not be available after June 30, 1985. Funding thru the Metro Council Program on Aging is limited to three years. The cities will not be the sole resource that fund the Senior Center, rather you will be the one of nine entities involved. It appears that you will be collectively asked to fund about 8% of the needs for the 1984-85 fiscal year. Subsequent years are difficult to forecast, but ai)pear to amount to 15-20% of the total. The writers of this communication are working together to prepare a budget that will illustrate the amounts provided~y all the partners in the center. We will.have it prepared and ready to present during your budget deliberations for the calendar year 1985. We request'that your administrator or some representative of your city indicate when we could meet with you to present the budget document and answer questions relating to the Westonka Senior Center. It would be best if you could ca!! either Don Ulrick 472-1600, ext. 240, or Cathy Bailey 472-1600, ext. 2q7 to discuss a meeting date. There is a marvelous story to tell about the involvement of hundreds of Seniors and the benefit to them and their life style during their retirement years. will make you feel good as you move toward retirement age. Thank you for your time. WASHINGTON. ID.C. 20510 May 31, 1984 Mr. Jon Elam City Manager 5341Maywood Road Mound, Minnesota 55364 Dear Jon: Because of your interest in some issues that are being considered in Washington, I thought I would send you an update on their status. Like you, I strongly oppose the proposed limitation on the use of industrial development bonds and the current volume cap limitation in the House bill ($150 per person per state). The Senate's tax bill doesn't contain a cap provision so we won't be voting on it directly. I will, however, do everything I can to support efforts to prevent the cap in the final legislation. In 1981 Congress made some changes in the sewer construction grant program. At the urging of the Administration, which originally proposed to terminate the program, the federal cost share was reduced to 55 percent and the program has been funded since 1981 at $2.4 billion annually. No changes are expected in the program until next year when it comes up for reauthorization. At present, the Environment and Public Works Committee expects no changes in the federal cost share provision, but does expect the compliance date for municipalities (originally set for 1988) to be once again extended. Since a 1943 case, it has been presumed that local governments were exempt from the antitrust laws because, state governments were exempt. However, local government antitrust immunity is not automatic. Two recent Supreme Court cases have clarified that antitrust immunity for local governments must be directly granted from the state. In other words local governments are only immune from the antitrust laws under state legislation that specifically exempts them. As an example, a local government may be liable for a violation of the federal antitrust laws if it provides a single source of garbage collection in its town. If the statewide policy was for all local governments to provide their own garbage collection service, the local government would most likely be immune from antitrust violations through the state's authority. Home rule powers granted by the state are not sufficient. Under current law it is necessary f.or the local government to act pursuant to a directed state policy. May 31, 1984 Page 2 Legislation (S. 1578) has been introduced that applies the federal antitrust laws to local governments as they are applied to state governments. That is, the antitrust laws would not apply to local governments in their exercise of regulatory power (i.e. zoning, licensing, franchising, etc.) but would apply to any transactions such as the sale of goods or services by the local government in competition with the private sector. I support S. 1578 and recently became a cosponsor because local governments should be given the same antitrust protections as state governments. As long as local governments are complying with state law they should be provided similar immunity. You may have heard that the Federal Trade Commission (FTC) filed an antitrust suit against the City of Minneapolis to contest its regulation of taxicabs. This ac.g~.on furthers the controversy over legislation to exempt ci×t~es ~,~d other local governments from antitrust suits. I ha¥~ written Senator Laxalt (R-Nevada), Chairman of the Appropriati/~ns Subco~nmittee on Commerce and Justice, and requested h~n to withh~ld the funds from the FTC so it cannot initiate si~hilar legal/ actions until Congress can fully consider S. 1578./ I hope this answers some of th questions 'on these issues that directly affect local governm~ntqs. Pleas/e let me know if I can be of further assistance or provide add~/t/~onal information. / S in c/ere l~y.~ schwitz yUnite~ States Senator RB/bd PUBLIC SERVICES ESIGN PROJECT Humphrey Institute University of Minnesota 909 Social Sciences 267 19th Avenue South Minneapolis, Minnesota 55455 (612) 376-9855 Ted Kolderie Project Director Jody Hauer Associate /ERNATE ROUTES TO THE IMPROVEMENT OF EDUCATION: PART II ~ ~%--' Mign~sota is now well into a year of intensive debate and ~iscussion~about the future of its system of education; especially, public education. The goal is not really at issue: a really excellent education for every child. What is at issue -- and therefore is the issue -- is how we reach that goal. What strategy . . what approach to school improvement . . . will produce the c~nsiderable effort that this quality of teaching and learning will require? Broadly, two quite different possible answers are visible in the current discussion. One, discussed in the first of these memos, accepts as 'given' the present system of public education and argues essentially for 'more'. It emphasizes money and mandates. The other, to which we now turn, argues essentially for making schools and education different. It proposes a strategy of incentives, to be created by permitting teachers and schools to break out of what has so far been accepted as.'given'. The essence of the difference was perfectly captured in a conversation recently with a state legislator closely involved with public education. He had been expressing the Legislature's frustration with the system's failure to move, in response to "if they don't do " he said, legislative direction. "This time, it we'll. " And he stopped. Someone else said: "You know, there are r~aily two ways to finish that sentence. One is to say, '. . . we'll make 'em', which is what I think you were going to say." (The leg~-~tor agreed.) "The other is to say: '. . . We'll give somebody else a chance to show what they can do'." This memo is about that second strategy. It assumes that people in general policy positions should not attempt to say what is the right school, the right curriculum, the right pedagogy, the right book, the right test. What those outside should do is to restructure the system in a such a way as to broaden out quite substantially the opportunities for those who are the professionals to find and to use what really works in their classrooms, with their students. We hope this will be a useful contribution to a discussion in which lay persons will be heavily involved. We are eager to have your comments and the first of the two memos, ask (TK 5/84) usY°au~dr~Cwt~S~en~ ,~,. The Hubert H. Humphrey Institute of Public Affairs The Humphrey Inst,tute fuses po!icy analysis, midcareer education for leadership, and training of younger students for roles in the policy process. -- The Public Se,vices Redesign Project is dedicated to creating diversity and choice, access and equity in the provision arid production of public services The Declining Discussion about Mandates Here as elsewhere in the country the discussion about the public schools was brought to focus in the spring of 1983 by the release of the several national reports on education. That discussion has so far been heavily influenced by their policy recommendations. These run generally in the direction of what we referred to in our earlier memo as the 'command' model. To see clearly what is happening in the discussion it is important to understand where this so-called 'excellence movement' came from, what it seeks, and what has happened to it in Minnesota. Chester Finn of Vanderbilt University described it at a conference in Minneapolis in April. * 'Excellence', he said, is the movement's rallying-cry and higher standards are its central precept. Its dynamics come from the gap between the American public's fervent belief, still, in the importance of education, and the public's dissatisfaction with the quality of that educational process as it really is. * The movement is broad, and decentralized. The federal government had almost nothing to do with it. It is led by business people, citizen activists and elected officials -- especially governors; for the first time in American history, in the South. It is, curiously but essentially, an effort to impose on this public system the devices of public regulation to which governors and legislatures have traditionally turned when dissatisfied with the performance of industries or systems in private ownership. * The movement clashes with the 'education industry' (as other regulatory efforts have clashed with other industries). The profession, Finn emphasizes, did not initiate the 'excellence movement', is not leading it, and opposes much of it. Unlike the profession, he says, he~vement is interested in what comes out o~ education; not what goes into it. The movement is in conflict with the pro~ession also over (a) its emphasis on outcomes rather than inputs as a measure of quality; (b) its desire to mandate a uniform curriculum; (c) its emphasis on standards and its tolerance for the possibility of student failure; (d) its insistence that teachers and schools should be held accountable for student learning; and (e) the relatively low priority it assigns to greater expenditures. Finn went on to raise a series of basic questions about this movement. These would be important questions to debate . . . except that they appear to be no longer really live. As of Spring 1984, after the legislative session and the school year and another round of bargaining, Minnesota seems to have come to its decision about this 'regulatory' approach; which is that this state will not move along that route. 2 Looking at what has been proposed and considered, done and not done, in the year since the national reports began to appear, an analysis in the Minneapolis Star and Tribune April 23 summed up the de-facto decision this way: Increase teacher pay? Yes; more than inflation, but less than the major jump recommended by some of the reports. Introduce merit pay? No. Raise graduation requirements? No. Raise college admission requirements? Not much. Require more homework? No. Lengthen the school year? No (though some groundwork was laid for a summer program). Introduce competency tests? Perhaps; but without standards, so that nobody 'fails'. If this is correct it represents an astonishing turn of events. It means that both the the conventional 'solution' (more money) and the 'reform' solution (more mandates) are no longer up front in the discussion. This does not mean Minnesota has decided against excellence. It simply means this state will now look at other routes to that goal, which may be more appropriate and more effective. The Growing Discussion about 'Alternative Delivery Systems' What is coming to the fore'instead, looking toward the 1985 legislative session, is the question of basic changes in the way teaching and learning are organized and financed. 'Alternative delivery systems' is a major focus of attention . . . in the State Department of Education, in some of the non-governmental policy studies, and in the work of the Legislative Commission on Public Education which will be a major forum for the policy discussion over the next eight months. (This is a useful concept; and an unfortunate term -- suggesting as it does that education or learning is somehow 'delivered' from teachers, or from the system, to the kids. David Seeley likes to make people think about the question by saying, "The kids are not the product. Learning is the product. The kids are the workers. The teachers are not the workers. The teachers are the managers. If you want to use the 'factory' analogy, at least get it right!" So we will talk instead about alternative 'ways of organizing teaching and learning'.) A discussion about new ways of organizing teaching and learning will be a real challenge. Almost everyone's impulse is simply to make the system improve. It is hard to think more strategically about making the system want to improve. True, changes and improvements can sometimes be forced into a system despite its resistance . . . as desegregation and equal- access policies and collective bargaining were forced into the schools by the legislatures and by the courts. But it is hard. Change is easier if the system itself wants changes and improvements, in its own interest. And that is precisely the object of an effort to restructure the way education is organized and financed: to open up the desire and the opportunity for the system to seek and to accept improvements. There have always been and there remain administrators and teachers dedicated to excellence. The problem is with the system, which depends heavily on that reserve of teacher-altruism and which depletes that reserve over time by offering so little reward for superior performance and by imposing so little penalty for inferior performance. Excellence is hard work. The present system presently has little reason to seek the painful changes this will involve, or to accept them when proposed by others. There is little incentive to do so in a system in which it is 'given' that children will be required to enroll; that pupils will be assigned to schools, and that revenues will be appropriated to districts based on costs. The system will not fail if it fails to change. So its tendency is to resist improvements -- unless these are accompanied by money to finance them. To the public the message is that excellence is an option available at extra cost. An imperative for excellence ought to be built into the system, so that those in it are continually -- in their own interest -- looking for ways to improve even if this involves some difficult change and even if it must be done without much in the way of additional resources. In thinking about how this imperative might be introduced it is useful to review again the essential 'givens' of the present system: * The Legislature is increasingly (as PSRP uses the term) the provider of education; responsible constitutionally for seeing that the children of Minnesota receive an education, and responsible increasingly for financing it. It is possible there will be a proposal in 1984 for the elimination of the local property tax as a source of revenue for public education. * The state depends on an array of local public school districts to 'furnish' (as the law says) the education it is committed to provide. There are non-public schools, but the Legislature will not on principle put its financing directly into these. So it is locked into trying somehow to 'make' the local districts do what it wants done. * Most families use this public school system. Legally they are free to use a non-public school. But they are then required to pay for the education privately. So -- except for certain upper-income families and those motivated strongly enough to make an unusual financial commitment -- most (about 88 per cent) use the public school. * The public school districts are, in turn, producers of their own school services: designers, builders and operators of their own facilities and programs. Teachers and principals are salaried employees who work for the district administration, in the school and in the classroom. It is a symbiotic relationship. Look, now, at this existing system in terms of the two different routes to school improvement being considered in the discussion about education policy in Minnesota. The 'mandates' approach accepts as 'given' this present hierarchical system in which all parties are locked into each other, and assumes that improvement must be driven by direction from the top. In this 'command' model action begins in the political and administrative superstructure; and orders are issued to schools and to classrooms. Not far below the surface, too, in much of the discussion about this route to school improvement, is the sense that teachers are the problem; and that the object of action now must be somehow to 'make 'em' perform. The 'restructuring' approach would permit the various parties to disengage themselves in one way or another from the 'gridlock' of the present system. This approach builds on -- as Chester Finn put it -- the premier finding of recent research; that unusually effective schools are those in which the building- level administrators and the teachers have a high level of responsibility to decide for themselves how their school will run. Implicit in this approach is the view that teachers have. the problem . 'the problem' being the directives and the pressures for ~niformity that inhibit initiative in the school or (if no initiative arises in the school) in the classroom. It is the disengagement involved in the second approach that creates the opportunity for improvement. It is that opportunity that creates the incentive for improvement -- when accompanied by an accountability which says essentially that in a case of non- performance, "We will give somebody else a chance to show what they can do". There would seem to be two principal ways in which this 'disengagement' could proceed. 1. Change the Relationship between Families and Districts Parents and their children might be able to choose their school or school organization rather than be assigned to it. And might be free to leave if dissatisfied, and move to another (ie., to "give someone else a chance to show what they can do"). Open enrollment -- One way to do this is simply to expand the opportunity to move among the public schools. This would need to go beyond the open-enrollment programs that exist today. In these choice is limited to the schools run by a particular school district. So the differences among 'alternative' schools are the differences that the sponsoring district and its board decide to create. (A school is typically not permitted to decide for itself what it wants to be, and how it will be different from the other schools in the district.) Accountability is therefore limited. The successful school probably will not grow, and the less-chosen school probably will not fail. The board and a~ninistration can manage the situation in such a way that the net effect of a strong parent demand for a particular 'alternative' school is simply for the waiting list to grow ever-longer at that school. Whatever happens, so long as choice is only among its own schools, the district cannot fail. Accountability would be increased considerably if families could move among different public school districts. This will be a new idea to many people. 'The assumption usually is that if you are dissatisfied with the schools in your own district, and are unable or unwilling to change your place of residence, the only alternative is to enroll your child in a non-public school. Not so. It is possible to approach some other public school district and to enroll your child there. If you are dissatisfied with the district in which you live, and prefer to remain in the public school system, an inter-district transfer may be the solution. The striking thing is that it is so little known. You do not hear much about this possibility, partl~ because districts are prohibited from competing for enrollments (a provision of law that began, historically, in an effort to protect the consolidations of the 1960s and '70s). But space is likely to be available, given the declining enrollments of recent years. A number of districts will accept non-resident kids; some will welcome them and certain ones will quietly solicit them. The move may not be expensive. Tuition will probably be charged, but is likely to be lower than tuition in some private schools. And state law permits you, in figuring your income tax, to deduct payments for tuition to public as well as to private schools. (Some people believe it was this feature of the law that persuaded the U.S. Supreme Court to uphold Minnesota's tuition-tax-deduction arrangement in Mueller vs. Allen.) It is also possible under the law for the state-aid payment to accompany your child to the new 'receiving' district, so that the tuition could be reduced or eliminated. This will require the consent of your home district. Some will agree; or will agree under certain conditions. Some require a showing of 'hardship' ("Tell me again, one former school official asked when this ~ubject came up in a recent discussion, "the difference between a hardship and an opportunity?") So far the public has not challenged the system's assertion that the inter-district transfer of the per-pupil aid is a~privilege and not a right. in 1984 the Minnesota Legislature enacted a new inter- district-enrollment program... Districts will apply to be designated "Schools of Excellence". Students may apply to attend, and 100 a year will be permitted to leave their present district to do so. (The program is designed so that the receiving district in which the student enrolls and the home district which the student leaves both will receive state aid.) Enrollment in non-public schools -- This would further encourage distri~-~s and schools to compete for students by offering 'excellence', by making it possible for state aid to follow a family's decision to enroll a child in a school not run by a local public school district. This idea for expanding the choice and competition among schools is now active in the discussion in Minnesota, particularly as a result of the bill offered by state Rep. John Brandl. It would permit the family to use a non-public school, with the state paying as it would if the child were in a public school. What is new and unusual is the author's proposal to have the arrangement 'closed' on the user side; limited to families of $15,000 income and below. Because the state's promise-to-pay would be good in any school, Brandl's proposal would also implement (for the eligible students) a program of choice among public school districts as well. It does include an accountability feature: It would not 'hold harmless' (in terms of the state-aid payment) the district which the child chose to leave. 2. Change the Relationship Between Districts and Schools The competition created by open enrollment introduces the incentives for change and for improvement essentially by creating a market of families in which districts compete. Another approach is to create a market of districts in which schools compete. In this case the school board (and the person who 'superintends' its program of instruction) would operate essentially as buyers, focused on objectives and on outcomes; securing the instructional services from schools (or groups of teachers) left fairly free to decide how that job is best done. We can think about this first from 'the buyer side'. possibilities appear. Three School-site management -- This is an effort at disengagement in which a district enters into what is in effect a contract relationship with one of its own schools. Rep. Todd Otis of Minneapolis was urging this approach, in the 1984 session. The idea is that the board and superintendent would specify general objectives about what should be taught and learned, provide the resources and challenge the people in the school -- principal, faculty, parents and sometimes representatives of the non-parent community -- to come up with better ideas about how these objectives can be met. Several demonstrations of this idea 7 177 are currently under way around the Twin Cities area. The idea is attractive. The problem is the district's resistance to giving up uniformity and control. Boards are nervous about differences among schools: Members frequently say how important it is that a child who moves during the year from one of the district's schools to another should not have to change from one reading program, or math program, to another. And superintendents can be uncomfortable with delegating responsibility. (See the PSRP memo, Different Conceptions of Deciding and Doing, spring 1983.) This is a system in which decisions are arrived-at by 'talking it out'. Understandably, there is a desire to minimize the controversy involved. And nothing creates talk, and controversy, like differences. So understandably, too, there is a desire to minimize differences. Unions are apprehensive about the 'management' in 'site- management', and worry about what might interfere with the ability of ~he school board (with which they have influence) to deal with a problem that might develop in the school for their members. Interestingly, unions might well object less to an arrangement that was more radical -- one that would devolve the authority for managing the resources given to the school onto the teachers themselves; and would make them collectively responsible for selecting their own administration. (See the two PSRP memos, Professionals and Administrators: Two Models of OrganizDtion; summer 1983.) Perhaps the central problem of site-management is that it exists so totally at the suffrance of the board and superintendent. The underlying legal relationship does not change. Overnight a board or a superintendent that believes in delegated responsibility can be replaced by one that does not, and central authority will be reasserted. Contracting -- A district that operates its own school might buy certain selected courses, or instruction for certain groups of students. Some schools do 'release' particular students, for example, to take an advanced course at the loCal college or university. Some districts contract for driver training. And the Minneapolis schools contract with a group of alternative schools on the city's south side for the education of kids who simply have not been able to complete their high school education in the conventional setting. Tuitioninq-out -- A major disengagement occurs when a school board does not run its own school at all, but buys education from some other public school or public school district. This practice was common in the Twin cities area early after World War II: Brooklyn Center sent its kids into Minneapolis; and Roseville sent its kids into St. Paul. Earlier, Minneapolis had located Southwest High close to the west city limits in anticipation of serving kids in Morningside and Edina. Today this practice is found in rural Minnesota. There are two districts that do not operate a school at all; but buy instruction from other, nearby districts (in one case, in wisconsin). Conversely, there are districts that sell instruction: Ortonville, for example, has for years sold high school to Big Stone City, SD. A district can also be only partly operating. Minnesota law now again permits a district to operate grades K-6 and to tuition-out grades 7-12. Winsted, in south-central Minnesota, for example, for years sent its upper grades to Howard Lake/ Waverly. In 1982 the neighboring district at Lester Prairie said in effect, "Give us a chance to show what we can do". The Winsted board decided to give parents their choice, and in the fall of 1982 the 7th-graders went about equally to Howard Lake/ Waverly and to Lester Prairie. This basic idea . . . of a school board which is a buyer only . . . could be extended in several ways. Other existing districts might be permitted to close their own, directly- operated, schools and to buy instruction from some other, nearby, public school district. Or, an area now a part of a larger school district might be permitted to de-consolidate; not in order to run its own small school but to tuition-out the students, in a way that would give its citizens or school board more control over the education their children will receive. It is also useful to think about the disengagement from 'the seller side', where again there are several possibilities. An existing local public school district -- As noted, Ortonville sells ~h school to a town in South Dakota. Minneapolis has for years sold the exemplary services of its Michael Dowling school for crippled children to other districts in the Twin Cities area. If the 1983 amendment had gone into effect a year or two earlier, either Minneapolis or Robbinsdale or St. Louis Park or Hopkins might today be selling high school to Golden Valley, which could then have remained as a district. An existing public school -- A fully site-managed school, transformed from simply a building into a legal entity, run by its teachers and equipped with a full management capability, might contract not only with its own but also with some nearby district. Saint Paul seems to have an exemplary program in its Webster elementary magnet school. If this school were on a site- management arrangement it might conceivably 'clone' itself and run a similar program for, say, Minneapolis. The intermediate district -- In recent years new educat--~nal institutions have appeared between the local districts and the state. One set of these (owned by the local districts in rural Minnesota; organized as independent districts in the Twin cities area) handles special education and (if desired) secondary vocational education. More recently, those in the metropolitan area have been permitted to offer what ara called 'low-incidence' /77 academic courses: certain specialized courses -- advanced language, for example; or advanced math -- which cannot be offered economically in every local district. A second set of institutions, with similar potential, are the Educational Cooperative Service Units, now handling some special-education services for their member school districts. Both can be sellers to the local districts. Colleges and universities -- Institutions of higher education might set up and operate a comprehensive educational program for sale to non-operating local districts (as well as simply selling admission to their own courses for advanced high- school students). The teachers' colleges (now 'state universities') did for years run 'lab schools' for their teacher- training programs, each of which functioned as an additional public school in its respective community. The last of these (at St. Cloud State University) closed in 1983. But the tradition could be revived by a Legislature interested in "giving someone else a chance to show what they can do". Non-~rofit institutions -- A number of non-public (especially the non-sectarian) organizations that now sell mainly to individuals or to social-service agencies or to counties might become sellers of instruction to local public school districts. A number of such organizations (the alternative schools selling to Minneapolis, for example) now run some kind of school and the willingness of the public districts to 'make a market' for such services would undoubtedly cause others to appear. The Urban League, or the Urban Coalition, or the Native American community, might want to start a school. Business firms -- The past year has seen a growing number of reports that companies large and small are considering coming in, or are coming in, to the general education field. Among those reported to be interested: the Encyclopedia Britannica; Bell and Howell, ITT. The State of Minnesota -- Most interestingly: The Legislature in ~ts effort to "see what someone else can do" could itself create one or more new schools. Minnesota has of course run specialized schools, as have other states_ _ . for'the arts or the sciences; for the gifted or for the handiCapped. But the state could equally well insert into the system, competitive with the schools now run by local public school districts, one or more general comprehensive schools distinguished only by the different and hopefully more effective way of organizing the process of teaching and learning. A Teacher-oriented Strategy for Change and Improvement The possibilities considered so far would create a disengagement mainly between families and districts, or between districts and schools. Except for the brief reference to the ~o£sibility of a school 'site' managed by its staff, none has specifically addressed teachers. Yet finding a ne~ role for 10 teachers may be the key to the structural change. Teachers do have a problem. They are as locked-in as any of the parties in the educational system. Especially in a period of declining enrollment their longevity-based compensation arrangement ties them effectively to the particular district in which they are employed. The labor/management arrangement inside the system traps them in an adversary relationship with the administration. They do complain about their pay. But they complain most vigorously about the growing tendency of central administration to prescribe what must be taught and how it must be taught, day by day, in the classroom. They say they want a greater opportunity to perform and to develop in their professional role. Under present arrangements this plays out into conflict with the board and administration; frequently in the bargaining process. Some of the capable and strongly motivated teachers stay in the system. Some of these find an outlet for their energies in moonlighting; perhaps writing software for the new firms developing computer-based instruction. But many of the teachers frustrated by the rigidities and restrictions of their traditional role do leave the schools. For all but a few who are willing to risk starting-up a school or selling to the private sector, there is really no choice. The public sector offers only the employment arrangement: It has not been a buyer of instruction. Teachers, unlike most other professionals, therefore haVe no private-practice option. This would be worth reappraising. Teachers remain the great resource in the system, and any effort at the improvement of education ought to.look carefully at any possibility for turning their energies loose. A disengagement between the school/district and the teachers, which would break teachers out of the existing bureaucratic arrangement and offer them an opportunity to grow professionally, might be very appealing to the teachers and very effective for the system. Two possibilities present themselves. Run a department, o~ grade -- A group of teachers could form a professional association, partly for the purpose of developing and marketing, and partly for the purpose of teaching, new curricular material on contract to a school or school district. This might be a single-specialty group: for example, teachers with a better idea about how kids could learn biological science; or zoology specifically. Or it might be a multi-specialty group: for example, teachers with a better idea about how to organize first grade. In either case, its members would become responsible for their own practice and for the management of the resources they receive: for the assignment of work, and for the evaluation of work and the decision about compensation. 11 Run an entire school -- A partnership of certified professional teachers might, as suggested earlier, accept responsibility for organizing and running an entire school: given a clear assignment as to the job they are expected to perform and the results they are expected to achieve; left free to decide how that job can best be accomplished; paid a defined amount for the work -- probably, so much per student -- and allowed to keep as personal income what they did not need to spend; and allowed to enlarge and to develop their group by taking on other work in either the public or the private sector. From time to time PSRP has asked teachers to consider this idea, applied either to a department or to an entire school, and to say (not whether they 'like' it or not, but) what they think would occur, were such an arrangement in effect in their school. Basically, the teachers say that if it were they would (a) Bring in people from the community. They will frequently help in the schools, without charge. (b) Introduce or expand peer teaching. Kids frequently can help other kids, at the same grade level or between grade levels. And not infrequently that teaching experience becomes a reinforcing learning experience. (c) Really use parents. There would be a strong motivation to get them working as effective partners at the home end. (d) Stimulate individual learning. Every self-directed learner would be a major plus. (e) Differentiate the staffing. Concentrate the resources on the highest-order teaching skills. (f) Get really aggressive about the use of technology. This is an appealing response, worth thinking about as much for its impact on the learners as on the teachers. It suggests the usefulness of focusing the education-policy discussion in Minnesota, next, precisely on strategies for disengagement -- ways to open up new opportunities and incentives for all those now locked into an essentially 'command' system. If teachers could benefit from the changes needed, they might well take the lead in making those changes. Acknowledgements -- In the three months since the first in this 'pair' of memos appeared much -- including the legislative session -- has occurred, to help our understanding both of the policy problem and of the possible responses. PSRP has learned much from the opportunity to talk with and to listen to John Goodlad, author of A Place Called School; to Theodore Sizer, author of Horace's Compromise; to David Seeley, formerly head of the Public Education Association, New York; to Paul Berman and Dan weiler, consultants to the Minnesota Business Partnership; to Chester Finn, of Vanderbilt University; to the local teachers and superintendents and developers of educational software who have been so willing to meet and talk with us; to the members of the St. Paul School Collaborative, to the panel of the Center for Urban and Regional Affairs, and those at Public School Incentives. 12 PHON£ CLERK TO THE BOARD $48-5433 BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS~ MINNESOTA 554~57 June 19, 1984 Mr. E1 do Schmidt Chairman Mound Housing and Redevelopment Authority 5341 Mayv~ood Road Mound, Minnesota 55364 Dear Mr. Schmidt, Your letter dated June 6, 1984 enclosing a copy of the Town Square Proposed Development Program and Tax Increment Financing Plan, was received by the Hennepin County Board of Commissioners at their Board meeting today. The contents were noted, and Chairman Derus directed that the matter be referred to the Ways and Means Committee for discussion. Yours truly, Kay Mii~chell Clerk~f the Board bm American Legion Pos DATE ,'~x 3'I. '1 O~mbli ng Report CURRENT MONTH YEAR TO DATE GROSS: ['3AlO. O0 [! 16 ~ ,~95. O0 EXPENSES: ,Sa].~ s t~x !!191.0! Supplies 593.60 PAYOUT AS PRIZES: ~;: :'~ o. 61 1900 .O0 ~"P~' 12 35 95OO .00 PROFIT: ~;723.39 DISTRIBUTION OF PROFITS: . Boys Countv Alano MemorI ~'~6.30 25.00 _~0.00 P-9.~5 35.oo · ~5.~5 Check' ~ ~; !: . ~ ~.n~ ..cccunt ~975 zs Trends In Public Finance 3608 IDS Tower, Minneapolis, MN * Summer, 1984 * 612/338-3535 * 800/328-8200 800-328-8100 MN Market Trends Municipal Market Outperforms Taxable Sector In Bear Market The new year began with an optimistic mood prevailing in the credit markets, and interest rates fell early in the year. In mid- January the fundamentals turned bearish and the credit markets began a deep slump. The gross national product (GNP) which grew at a 5% annual rate in 1983's fourth quarter surged in the first quarter of 1984, increasing at an annual rate of 8.8%. This rapid growth in the economy combined with the federal government's massive deficit-prompted financ- ~g needs has created heavy credit hands and renewed fears of inflation. The Federal Reserve Board has maintained its restric- tive credit policies because of the inflationary threat, and this has added to the upward pressure on interest rates. In response to these forces, major banks raised their prime lending rate three times through May 8,1984, and it now stands at its highest level since October, 1982. T.he Fed raised the discount rate, the rate it charges on loans to banks, thrift institu- tions and credit unions, to 9% early in April, the first such in- crease in nearly three 3'ears. While the tax-exempt market has not escaped these pressures, it 'has easily outperformed the tax- able sector during the slump. \\"hile long term government bond prices dropped more then ten points (SIO0 per thousand do!!ars of bonds) between mid- January and thc end of April. ,,~ term municipal bonds lost Is There Development After I.R.B.'S? Consider T.I.F. Federal legislation currently pending in a House-Senate Conference Commit- :ce will likely curtail the use of Industrial Revenue Bonds (IRB's), in reaction to the alleged widespread abuse of this financ- ing technique, by which cities could in essence lend their tax-exempt status to private firms to gain below-market fi- nancing for their development projects. The limitation could take the form cfa per-capita ceiling on the amount of IRB financing that can occur in the State during a calendar 5'ear, under the House version of the Bill. The net impact for economic development programs wilt be a considerable reduction in the extent to which cities can offer IRB's to local firms to stimulate growth and expansion. How can a City that is aggressively an economic development pro- gram continue to induce local growth after the severe reduction of this powerful ncentive? Traditional tools still exist. including the provision of public improve- ments and infrastructure through levy- supported or special-assessment bonds. Another tool, often neglected because of its perceived complexities, is Tax In- crement Financing (TIF). TIF is one of the most creative tools developed for cities to stimulate new growth on de- teriorated or vacant properties. By "cap- turing'' the additional taxes generated from new growth on those properties, a city is able to expend public monies on ~mprovements, land acquisitions and write-downs, and other inducements to private development, without passing the debt service burden onto the general tax base. The new development pays for the ~mprovements undertaken on its behalf --and private development leverages itself. The complexities in TIFlie in the need to carefully plan and evaluate these pro- jects. Since public expenditures will bc reimbursed throuoh= the pax. tllCIlI property taxes, the viabilitx, of the pro- posed development project b~'comcs important F~.ICIoF. Thc citx's When is Garbage not Garbage? The planning and financing of a solid waste resource recovery project is a com- plex operation for a local jurisdiction. The project sponsor must determine what type of facility to build, financing alterna- tives, who should own the facility, waste assurance, energy sale and many other factors. Unfortunately, too often project sponsors do not consider financial impli- cations until the project structure has been established. It is important to recog- nize that key financial decisions must be made in the earl.,,, stages of project plan- ning. Potential project rikks include: con- struction costs exceeding estimates changes in environmental laws; uncer- taint>' of solid waste projections: finan- cial and business characteristics of the contracting party for waste assurance and energy sale: facility siting and land purchase: prior history of the technology employed under similar circumstances and form of contracts for solid waste assurance and the sale of energy. The degree of risk the project sponsor is (Con;l'~,~ed on back) Solid IFaste/Resource Reco reD, ,4 dvisor Hennepin County (,[[innea?olis) and Olmsted CounO' (Rochester), sota, recently appoinred Evensen Dodge, h~c. as financial advisor for their so/id waste/resoNrce recorerr flrql'ects. The Henncpin County proj- ect is a 2,000-wn per dov energy s)'stcm Ia be awaked ~rivatel)' but financed wid~ tax exempt bonds. The facitit)' in Ohnstcd County is a CoNnlV. Evensen Dod,~e will assist el2cr~.l' sole and waste ass:o'once Ii :5 Ma3 24, t984 BOND BUYERS INDEX 1982-84 MARKET HISTORY Prepared by Evensen Dodge, lnc. 15.0~ 20 Year G.O. Index 14.0~ [t This Week-- 10.87; I / kasl Week -- 10.36c5 13.0% \ I Year Treasury Bills ~ This Week -- [1.72~ 12.0~' -- · I 1.0~' 10.0%. 9.0~- 8.0~ Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun RECENT BOND SALES Amount Date Issuer (O00's) 4-10 State of Louisiana $121.460 4-10 Cook Count>. IL 117.000 4-11 Stale of Rhode Island 30,000 4-11 State of Texas 165.000 4-11 State of Ne'a York 4.300.000 4-16 Marincuc Sch. Dist.. Wl 550 4-16 Broken Arrow. OK 12.600 4-17 Grape\inc. TX 3.000 4-17 St:Itc of Missouri 50.000 4-17 lo'aa Falls. IA 1.460 4-17 S'a il't County. MN 1.210 4- I 7 ~¥aUwalosa. wI 1.600 4-17 B/cst Fargo. ND 1.245 4- I X Slate of Maine 26.555 4-18 Willmar. MN 3.830 4-23 Hastings. MN 1.150 4-24 Colorado River Municipal Water Dist.. TX 8.275 4-24 Pine Counl>', MN 1,265 4-24 Alpine Sch. Dist.. UT 10.0(d) 4-24 Santa Clara Valley ~'ater District. CA 33.000 4-24 North Koochichil'~g Area Sanitary Dist.. MN 1.500 4-24 Osccola. IA 745 4-25 Cincinnati. OH 13.900 4-25 Houston. TX 70,2(X) 4-25 State of Virginia 29.065 4-25 State of Wisconsin 65.000 4-26 State Uni~crsityofhw, a 14.770 4-26 Oshkosh. WI 1.960 5-01 Madison. \VI 6.500 5-01 Grccn Bit,.. '9,'1 6.1';611 5-01 Grcclc>. ~'O 5.3111 54)2 Dallas. TX 90.000 5-07 Minnctonka. MN I 1.000 5-t)7 Nortiflicld. MN 1,300 5418 .M m sca poli',. MN 16.615 5-08 lhomp,onSch. Dist.. ND 3211 5-09 Mahtomcdi. MN 910 5-10 Ca rrolllon- Farmers Branch lSD. TX 12.500 5-10 East Grccnbush CSD. NY 1.375 5-10 Uni,,. ol Oklahoma 12.260 5-10 Ru,k Countx. Wl 1.650 5-10 \Va r,.~ ick. Ri 5.630 5-14 Glcndalc. ~,VI 1.500 5-14 Rockford. IL 5.500 5-14 tlighldnd Park. IL 6,200 5-15 Bcttcndod. IA 4.000 5-15 Slate ol Calilornia 150.000 5-15 'Mi]~aukcc.~\'l 31,0'~5 5-t5 5-t~ l..r~c.', ('~i?. N.I 6.215 5-I' BBI NIR Purpose Maturity % Rating % Various 85/04 9.97 Aa/AA 9.45 TAN 4. 10/85 9.97 MIG-I 6.64 Various 85/04 9.97 Aa/AA- 8.62 Veterans 85/03 9.97 Aaa/AAA 8.99 TAN. RAN 9. 12/84 9.97 MIG-I/A+ 6.53 1.3/85 School 85/94 9.89 A 8.80 Improvements 86/97 9.89 A 8.81 Water & Sewer Rev. 85/04 9.89 Baal/A- 9.92' Building 85/09 9.89 Aaa/AAA 9.28 Various 85/97 9.89 A 8.43 Refunding 86/96 9.89 A 8.63 Prom. Notes 86/93 9.89 Aaa 8.06 Refunding Imp. 85/95 9.89 A 8.48 Various 85/04 9.89 Aa I/AAA 8.76 Rfdg. Re,,'. 84/96 9.89 A 9.13 Improvements 86/95 9.94 A 8.40 Waler Sys. Rev. 85/95 9.94 A 9.03 Imp. Rfdg. 86/93 9.94 Baa I 8.39 School Bklg. 93/98 9.94 A I 9.56 Water Re','. 85/04 9.94 Al/A+ 9.71 Sewer 87/04 9.94 NR 10.03 Corp. Purp. 85/94 9.94 A 8.69 Impro',emcnts 85/99 9.94 Al/AA 8.37 Impro,.cmcnts 85/04 9.94 Aa I/AAA 9.29 Higher Educalion 85/04 9.94 Aaa/AAA 9.04 Transportation Re'.'. 85/06 9.94 A I/A- 9.53 Acad. Bldg. Re','. 86/03 9.94 Al/AA 8.29 Corp. Purp. 85/00 9.94 Al 9.45 Prom. Notes 85/94 9.99 Aaa 7.93 Corp. Purp. 86/99 9.99 Aa/AA 9.18 Water Rfdg. 85/02 9.99 Aa/AA- 9.40 Walcr & Soy, er Rex'. 85/04 9.99 Aa/AA 9.65 Improvement,; 85/99 10.19 Al 9.31 L~brar,, 85/04 10.19 A 9.'/5 Variot;~ 85/01 10.19 Aaa/AAA 8.47 School Bldg. 86/99 10.19 NR 9.38 lmpro~cmcnt~ 85/91 10.19 Baal 8.09 School Bldg. 85/04 10.19 Aaa/AAA 9.52 School 85/96 10.19 A 8.35 UtiI. S>s. Re',. 87/96.04 10.19 A 10.23 l_av. Enl'. Center 85/99 10.19 A 9.92 Improvements 85/04 10.19 A/A 9.98 Prom. Notes 86/93 10.36 Aa 8.69 ln~prowmcnp, 87/97 10.36 Baal 10.26' Corp. Purp. 92/96 10.36 Aa 9.48 Various 86/95 10..~6 A 9.39 \'ciera m, 85/09 I0.36 Aa/A.\ 9.44 Improxcmcnls 85199 10.36 &al,&&- 0.511 Improvements 85/04 1036 -\aa~AA-\ 9.40 \ aril,u,, 85/93 10.36 .\ Sd~ool 85/04 10.36 Aa \.\ 9?, Colp Ptirp, 86'03 10 31' Farmland Pt t.'s. 85/03 SO~,,,d 85/99 lO P,~x~c[ S~:p. Rex. 9(i/99.04. 103" .\1 A- Il i4' 14.21 Consider T.I.F. development staff and financial consul- tant must work closely \vith the developer to evaluate the City's capacity to pay debt service on its bonds from tax increments under different assumptions of economic growth, including the timing and level of new construction. Development Agree- ments and Assessment Agreements can also play a critical role, minimizing the City's risk by establishing reasonable controls on the developer's performance. Evensen Dodge has developed inhouse software to undertake feasibility and cash- flow analyses of proposed TI~: projects, )roviding cities with information on the level of debt that can be supported under varying sets of assumptions. With these analyses to support de- cision-making, a city can safely under- take tax increment financing and con- tlnue to actively support local economic growth. GARBAGE willing to accept will often define the parameters. Two critical areas affecting project risk are waste assurance and energy sales. Financing by either public or private methods will'be more difficult if there is uncertainty regarding the potential eco-: nomic success of the incineration facility. Therefore, the demonstration of viable contracts and contracting parties are criti cai for obtaining financing at competitive rates. One of the principal characteristics of resource recovery projects is that they are capital intensive. Relatively large amounts of capital are required to pay for he cost of construction and related equip- ment and to capitalize certain project costs such as engineering, financial analy- sis, legal consultation, interest during construction and debt reserves. Five general types of financing alter- natives a\'ailable are: (11 general obliga- tion bonds:'(2) general obligation revenue bonds; (31 revenue bonds; (4) equity with tax-exempt revenue bonds including lex'eraged leasing: and (,5) state/ federal grants and loans. Ex'ensen Dodo, e can provide additional information reg{irding the above options. IDB UPDATE Federal legislation proposing restric- tions on prlx'ate purpose tax exempt bonds has been passed bx the U.S. House a;~d 5cn:~:c. The differences bctx~cc' l{ou.e and SCl];ilc ~i]]> drc currcntl TWIN CITIES LABOR MARKET The unemployment rate in the Twin Cities metropolitan area dropped from a revised esti- mate of 5.0 percent in March to 4.7 percent in April. This decrease was generally in line with past years' trends indicating that most of the improvement in the unemploy- ment situation was due to seasonal hiring of workers, especially construction workers. Over the past several months, the local and national unemployment rate has changed very little after taking seasonal changes into account. This trend is in contrast to the steep declines experienced a year ago during the early stages of the economic recovery. The significance of the health of the construction industry is reflected in the labor force estimates of the metropolitan area counties. The counties which experienced the greatest decrease in the unemployment rate between March and April, Chisago, Scott and Wright, all have an above average proportion of their labor force employed in the con- struction industry. For example, according to the 1980 Census, 8.1 percent of Wright :ounty residents who were employed worked in construction, compared to 4.1 percent for in county and 4.8 percent for the entire metropolitan area. As construction activity picks up in the Spring, the unemployment rate will drop more in these coun- ties. However, the fact that the construction industry has not fully recovered from the 1980 and 1982 recessions is a primary reason why unemployment rates for these coun- ties remain higher than other metropolitan area counties. LABOR FORCE ESTIMATES (not seasonally adjusted) AREA CIVILIAN LABOR FORCE TOTAL EMPLOYMENT Um~EMPLOYKE,NT APR. p IqAR. APR.. APR.. MAR. 1984- 1984R 1983K 1984v 1984 Mlnnea~lis- St. Paul S~A' 1,2t4.5 1,198.3 1,171.8 1,157.1 1,137.9 1,083.3 57.4 County: Anoka 115,424 114,047 112,502 I09,539 107,726 102,551 5,885 ~rver 21,880 21,729 21,084 20,704 20,362 19,383 i,176 Chisago 15,572 15,564 15,035 14,373 14,135 13,456 l,i59 Hennepin 550,273 541,852 530,821 526,136 517,428 Scott 2b,997 25.867 25,316 24,470 2~,0E5 22,909 Washington 66,5~3 65,712 63,914 63,473 62,422 Wright 35,J71 35,437 34,567 32,953 32,407 "~r.ea~lis ?~7,ZiS 213,817 2ro,~70 207,317 203 C~tv of EMPLOYMENT, HOURS AND EARNINGS in the Minneapolis-St. Paul Metropolitan Area PERCENT PRODUCTION WORKERS' HOURS & E, ARNING 1.~/ EMPLOYMENT CHANGE Average Weekly Average Hourly Average Weekly INDUSTRY (OUU) FROM Earnings Earnings Hours APRIL Month Year Month Year APRIL Year APRILi Year APRIL Year 1984 _.Apo, __Ago Ago Ago 1984 Ago 1984 Ago 1984 Aqo -~O~AL NDNAGRICUL1URAL 1120.3 llOl.O 1059.9 1.B 5.7 XX XX XX XX XX XX HA~uFACTURING 244.7 241.3 229.4 1.4 6.7 422.30 380.27 10.25 10.06 41.2 37.8 bur~bl,. Goods 156.8 154.3 145.0 1.6 B.2 432.06 382.69 lO.19 9.94 42.4 38.5 Lumber & Furniture 6.9 6.7 6.3 2.8 9.8 476.03 399.38 10.77 lO.51 44.2 '38.0 Stone. Clay & Glass 3.8 3.8 3.0 5.5 29.5 383.53 376.70 10.04 9.81 38.2 38.4 Primary Metals 4.6 4.5 4.1 2.0 11.6 391.78 322.53 9.09 8.51 43.1 37.9 Fabricated Metals 26.4 26.4 25.9 -0.3 2.0 487.89 449.90 11.32 11.00 43.1 40.9 Non-Electrical Machinery 65.2 64.3 59.2 1.4 10.2 436.22 371.20 10.24 9.82 42.6 37.8 Office & Computing Equipment 34.0 33.3 30.3 2.0 12.3 XX XX XX XX XX XX Electrical Machinery 18.8 18.0 16.5 3.2 12.5 361.74 346.86 8.78 9.08 41.2 38.2 Transportation Equ~praent 4.1 4.0 3.3 1.1 21.5 601.35 437.18' 13.13 11.88 45.8 36.8 Scie.tifi~ Instruments 23.6 23.1 22.7 2.2 3.8 415.67 373.98~ 9.85 9.92 42.2 37.7 Miscellaneous 3.7 3.6 4.0 1.g -7.7 326.49 327.98 8.35 8.22 39.1 39.9 i~Ondurable Goods 87.9 87.0 84.4 1.1 4.1 407.54 377.57 10.37 10.26 39.3 36.8 Food & Kindred Products 17.6 17.4 18.0 1.2 -1.9 402.37 345.47 9.79 9.65 41.1 35.8 Textiles & Apparel 2.3 2.3 2.4 -1.1 -2.2 J258.91 187.03 6.76 5.90 38.3 31.7 P. per& Al)led Products 24.9 24.8 23.9 0.4 4.4 456.65 428.06 10.77 10.29 42.4 41.6 Printing & Publishing 25.9 25.6 24.6 1.1 5.4 383.71 371.77 ll.09 11.30 34.6 32.9 Chemical & PeLroleum Products 8.2 7.9 7.9 3.5 4.1 '472.32 454.72 11.52 11.60 41.0 39.2 Rubber. Plastic. and Leather 9.0 8.9 7.9 0.8 15.1 356.51 337.03 8.98 9.06 39.7 37,2 NONMANUFACTURING 875.6 859.7 830.5 1.8 5.4 XX XX XX XX XX XX COi~SIRuCTION 35.1 33.0 31.7 6.3 10.9 571.91 499.66 16.11 15.28 35.5 32.7 ~uilding Construction lO.1 9.7 9.1 3.9 ll.3 564.76 450.59 16.D9 15.07 35.1 29.'9 Highway & Heavy Construction 3.0 2.3 2.9 31.3 3.9 442.22 401.76 13.36 12.96 33.1 31.0 Spec)al Trades Contracting 22.0 21.0 19.7 4.7 ll.7 591.84 535.57 16.44 15.66 36.0 34.2 TRANSPORTATION 43.6 42.3 39.9 3.3 9.3 XX XX XX XX XX XX · Railroads 6.3 6.4 6.6 -0.8 -4.8 529.58 525.12 11.22 10.94 47.2 48.0 Trucking & Warehousing 15.5 15.1 13.7 2.0 12.8 431.03 423.85 12.28 12.54 35.1 33.8 PUBLIC UTILITIES & COH~t. 21'.3 21.2 20.9 0.4 2.3 506.46 468.36 12,92 12.04 39.2 38.9 IRADE 269.6 262.6 258.0 2.6 4.5 239.40 224.46 7.98 7.74 30.0 29.0 Retail Trade 198.5 192.3 188.1 3.2 5.5 189.61 173.04 6.92 6.63 27.4 26.1 General Merchandise Stores 32.9 31.8 31.0 3.3 6.2 175.56 165.70 6.27 6.16 28.0 26.9 Food Stores 24.9 24.5 24.4 1.B 2.2 250.71 234.91 8.47 8.33 29.6 28.2 Eating & Drinking Places 64.1 61.4 62~0 4.4 3.4 87.04 82.45 4.51 4.53 19.3 18.2 SpecialLy Merchand~se2_/ 76.6 74.6 70.8 2.7 8.2 259.52 233.77 7.77 7.26 33.4 32.2 wholesale Trade 71.1 70.3 69.8 1.1 1.7 402.33 388.11 10.45 lO.16 38.5 38.2 FINANCE. INS. & REAL ESTATE 77.6 77.1 74.5 0.6 4.2 312.75 298.03 8.43 7.99 37.1 37.3 Fir~ance 33.1 33.1 31.8 0.0 4.1 320.90 304.79 8.72 8.26 36.8 36.9 Insurance 30.6 30.5 29.3 0.4 4.5 361.18 338.96 8.62 8.39 41.9 40.4 Real Estate 13.9 13.5 13.4 2.8 4.0 197.96 197.19 7.07 6.26 28.0 31.5 SERVICE & MISCELLANEOUS 271.7 267.0 253.2 1.8 7.3 XX XX XX XX XX XX Lodging & Recreation 25.0 24.5 23.5 2.0 6.4 149.50 127.01 5.98 5.67 25.0 22.4 Personal Servi~es ll.6 ll.3 ll.5 2.4 0.5 XX XX XX XX XX XX Business Services 60.2 59.0 51.8 2.2 16.2 XX XX XX XX XX XX ~epair S:rvic~ 13.4 13.0 12.3 2.6 8.9 252.04 242.95 7.06 6.73'1 35.7 36.1 Health S~rvices 74.3 73. B 72.5 0.6 2.5 239.38 215.56 8.17 7.81 29.3 27.6 Hospitals 30.0 30.0 30. O.1 -0.3 266.59 249.98 9.42 9.09 28.3 27.5 ,ursing Homes 19.8 19.7 19.7 0.5 0.2 192.64 182.51 6.88 6.71 28.0 27.2 Other Health 24.5 24.2 22.7 1.3 8.2 XX XX XX XX XX XX Legdl SeFvices 8.5 8.4 7.9 1.O 7.7 441.86 348.94 ll.gl 9.33 37.1 Private Education 16.3 16.3 15.0 0.4 8.8 XX XX XX XX XX XX O~her Serv~ces~/ 58.2 57.6 54.9 1.O 6.0 XX XX XX XX XX XX GOVERNMENT 156.6 156.5 152.4 O.1 2.8 Federal 18.0 18.0 17.5 -0.5 2.6 State 48.2 48.2 47,7 0.0 1.O Lo~al 90.5 90.2 87. 0.3 3.8 '' Less than .0~ ?. A~er~g~ earnings data ~re on a "gross" basis and are derived from reports of payroll for full- and part-time production or nonsupervisory workers. The payroll is reported before deductions of any Klnd. BonuSes. retro- ac'~ve F-m~. t~ps. pdyir~ent in kind. and "fringe benefits" are ~xcluaed. :' !.l~z ~..'~d)r)~ ~j~tr',d!S~ AutOmotivr~, ApGarel, Home Furnis~,~r,~s, ~c~.J,:t ~,~:: Serv~:~s, ~,n~b~,rsn}p Organizations, and M)sCe';~res~S S~r~:es ~ucr cS [r,glr'eerlng and EMPLOYi'iENT A[iD EARiIINGS CONDITIONS T~m~expansion of nonagricultural wage aI~s~lary jobs in the l'win Cities area co~l~tinued at an above average pace in April. Earlier this year total nonagri- cultural payroll jobs surpassed the pre- recession peak reached early in 1980. An examination of employment trends by industry from prerecession peak employ- ment to recession trough to present fi- gures shows a wide variation in employ- ment change. The construction industry cut 28.5 percent of its jobs from peak to trough and despite some healthy over- the-year gains has only recovered about one-fourth of the number of jobs cut. Manufacturing industries trimmed employ- ment by about 10.5 percent from peak to trough and have recovered about two- thirds of those jobs. The government sector cut back employment by 6.7 per- cent during the recession and has added back only 38.3 percent of those jobs. On the other hand, finance insurance, real estate and the service sector did experience any decrease in jobs dur- the recession. Employment in fi- has grown by about 12 percent and in services by 15.5 percent since tl~e first quarter of 1980. CHARACTERISTICS OF THE INSURED UNEMPLOYED (Regular Benefits Program) MINNEAPOLIS-ST. PAUL SMSA Week Ending 4/12/~4 Industry and Occupational Attachment Total, All Industries Construction Manufacturing Durable Goods Nondurable Goods Trans., Comm., and Public Utilities Wholesale Trade Retail Trade Fin., Ins., and Real Estate Services Public Admin. All Other Inf. Not Available Total, All Occupations Prof., Tech., Msr. Clerical Sales Service Farm,, For., Fish. Processing Machine Trades Benchwork Structural Work Miscellaneous Inf. Not Available Percent Change From: Percent Long-TermS' Percent Unemployed Women 25.6 29.4 3.; 22.6 24.6 18.2 23.2 !l .( 23.8 26,9 55. 53.0 25.6 29. 26.3 29. 22.7 43. 19.1 21.2 21.8 27.3 NOTE: Percentages may not total to lO0.O due to independent rounding. l_./ Long-Term unemployed refers to une~plojrment insurance claimant~ whose current spell of un~ploy~r, ent has lasted 15 weeks or lcn~er. Economic Indicators Minneapolis-St. Paul Metropolitan Area Latest Month Current Previous Available Period Period Initial UI Claimsl/*_ Apr. ., 1,727 2,061 UI C1 ai mants- Regul a fl_/* Apr. 14,639 15,562 Avg Wkly Hours in Mfgl_/* Apr. 41.4 41.0 Help Wanted Index2_/* Apr. 71 68 Mortgage Rate3/ Apr. 10.45 12.56 Residential BTdg Permits4/*_ Mar. 1,440 2,458 Retail Sales (Millions)5_/* Mar. 1,164 1,268 Consumer Price Index6/ Apr. 322.0 319.6 LS Employment Cost IndexC_/ Mar. 119.8 117.$ Percent Change Year Ago. Year Ago 2,564 -32.6 24,085 -39.2 38.0 8.9 32 121.9 12.59 1,338 7.6 1,053 9.5 309.4 4.i i13.2 5.8 .urces' l/ ;.,u:S, 2/ The Conference Board 3/ Minneapolis Star ~,esources, !nc., 4/ I,letropolitan Council, Z/' U.S. ~de,~. Efrea~ of ~a~e)% Statistics. .,.,-:-_.:~ ::<,~,~rali',,,'-a::usted data. Trisune vi~ Data of r u~:. zFce, 3!-2 The Twin Cities area has experienced tremendous employment growth over the past year as documented in other sections of this bulletin. It has been very uneven, however, with respect to various industries. What effect has this had on the job market? Although occupational supply and demand for the area is incomplete, some information is avail- able from records of the State Job Service. The following table shows both the number of active applicants and openings received during the month of April in 1983 and 1984. The data reveals two main effects of the economic recovery. One is that the number of openings listed skyrocketed over the twelve month period, rising by 72.1 percent. Strong demand has been generated for workers in most occupational groups, the lone ex- ception being material handlers and movers. Those engaged in the manufacturing sector have shown the greatest surge from what had been very depressed levels. The strong re- covery in certain industries puts the current overall number of openings above the 1980 level of 4,192, but still below those reached in the years 1976 through 1979. The second effect of the recovery has been the slight rise in job applicants. One would expect a decrease as those active in April 1983 have procured work, but this is counteracted by the return of discouraged job seekers and new entrants who did not at- tempt to find employment until conditions improved. For this reason, applicants in low -skill occupations such as material movement and service are up dramatically whereas the number in the professional and machine trade groups have declined. Minority appli- cants are up an astounding 24.2 percent reflecting the degree to which these groups were affected in the past recession. Moreover, the greater rise in minority job- seekers has taken place among all occupations, showing broad as well as deep effects. On the other hand, the number of female applicants has risen less than males, especial- ly in the clerical, sales and service occupations. The legions of new and re-entrants in these areas have had an easier time finding work as the finance, t.rade and services industries have continued to add workers since the last employment peak in 1980, Al- though these industries offer employment possibilities, income from jobs may be below average because of low hourly wages and/or part-time hours. Change in Job Service Applicants and Openings April 1983 to April 1984 - Minneapolis-St. Paul SMSA Active Applicants Openings Receive~ April April Percent April April Percent 1984 1983 Chan~e 1984 1983 Cnante All Occupations 48,375 44,769 ~ 4,~2 2,662 72.1 Prof., Tech., Mgr. 6,987 7,045 -0.8 49~ 294 65.0 Clerical 8,424 7,829 7.6 1,2~9 783 59.5 Sales 1,895 1,822 4.0 292 199 ~6.7 Service 8,798 7,134 23.3 1,235 595 107.5 Process & Math. Trades 3,907 4,249 -8.0 370 2S1 8~.1 Benchwork 3,122 2,756 13.3 261 lO2 Structural Work 4,629 4,130 12.1 253 127 Material Movemen~ 6,980 7,558 18.8 428 478 -10.5 Source: ESARS Cables 7A anJ 96, Research Office, Minnesota Deparzment of Economic Security. What the recovery hath wrought is the delineation of occupations into three types that are in a surplus condition and two in short supply. As confirmed in a survey of Job Service managers, there is an overabundance of l) low skilled applicants of all sorts' assemblers, general laborers, truck drivers, welders, material handlers, general clerks and computer operators; 2) college graduates with no work experience, even in the "hot" fields ,~f management and computer programming; 3) construction workers at alt skill levels as the industry has recovered only a fraction of ~he jobs lost since Stll s~c,-~ages of ce .... . - ~,.o~n types of workers are developing. Low-skilled ~.'idL~a~s ,'.'~: ,':'.:~ t;. ',.,:.~r~: ::~r~-~me~ , at odd hours and/or for low pay are needed in ~,~,u ser',,~ ~:.-.:~ ~::~es, clea,.'~n.] and child care~ A second group consis:in~ of highly s<~lied ?:>.T:::'i: ~ :~: ;::.~;::' !r~! ~.:s~ auto i;;echanics, electrical enqineers,~ . programl]'e,-,"anal,, ~ s:~_, ',.,crc '-'~'c?a[:]='.S e;]era..c;r.~, secretaries and office managers tace :~uu~,:u compeu,t re' =_:i, : ~t~.::=~t'ic~,s, including formerly lucrat, ive mrofessionai ~,'~d "~a''='=-,'~ AGENDA Minnehaha Creek Watershed District Thursday, June 21, 1984 Wayzata City Hall 7:30 p.m. 1. Call to order; present, absent, staff. Reading and approval of minutes of the regular meeting of May 17, 1984. 3. Approval or amendment of June 21, 1984, agenda. 4. Hearing of permit applications. A. 82-45 Randy Boyd - improve existing rip-rap on 400 lineal of shoreline, Sec. 24DB~, Carson's Bay, Lake Minnetonka, Deephaven. B. 84-66 William J. Frank - rip-rap 170 feet of shoreline for erosion control, Sec. 24DBD, west of West Chimo on Carson's Bay, Deephaven. C. 84-72 City of Minnetonka - floodplain development for grading of a softball field, Sec. 16DAC, north of Minnetonka City Hall, Minnetonka. D. 84-77 City of Plymouth - construction of diamond interchange, auxiliary lanes, and bridge over 1-494 at Co. Rd. 15, Plymouth. E. 84-82 Concord Realty Investment & Development, Inc. - grading and drainage plan including floodplain development and wetland alteration for a residential development referred to as "Princeton Court Townhomes", Sec. 31BD, north of 26th Street and east of Hwy. 100, St. Louis Park. F. 84-84 Minnetonka Mist - construction of an overflow parking lot, Sec. 18DDD, Del Otero Drive, Spring Park. G. 84-85 Irving Misel - 115 lineal feet of rip-rap shoreline erosion protection, Sec. 16C, 3157 Northview Road, Minnetonka Beach. H. 84-86 Gerald Anderson - 85 lineal feet of rip-rap shoreline erosion protection, Sec. 16C, 3150 Northview Road, Minnetonka Beach. I. 84-87 Edina Realty, Inc. - grading and drainage for a commercial office building, Sec. 5CBB, 1120 Wayzata ~u!evard, Wayzata. J. 84-88 Howard J. Hagedorn - 50 foot lake setback variance request fr~m W, st Arm Bay, Sec. 18B, 1736 Shadywood Lane, Shady~ood Poin,~ound K. 84-89 ~11 Krutzig - 57 foot lake setback variance request from Long Lake, Sec. 35ACC, 1020 Old Long Lake Road, Long Lake. L. 84-90 John Plaine - shoreline ero~3k_~otection, Dutch Lake, Sec. 14AD, 5872 Grandview Boulevard~ M. 84-91 Vincent R. Anderson - 124 lineal feet of rip-rap shoreline erosion protection, West Arm Bay, Sec. 18AD, 1855 Concordia Street, Orono. N. 84-92 City of Minnetonka - recreational trail from Gray's Bay Dam to Crosby Road, Sec. SD, Gray's Bay Dam, Minnetonka. O. 84-93 Burger King Corporation - grading and drainage plan for a Burger King Restaurant, Sec. 34ACB, west of Long Lake State Bank, Long Lake. Minnetonka, Orono. O. 84-100 ' St. Paul's Lutheran Church - grading and drainage for a building addition, Sec. 22DBA, Lake Street Extension at Baker Road, Minnetonka. R. 84-101 Wayzata Community Church - construction of a parking lot addition, Old Highway 12 at Ferndale Avenue, Wayzata. S. 84-102 Charlson Research Foundation - grading and drainage plan for the construction of two buildings and entrance road, Sec. 2AB, between Lake Zumbra and Stone Lake south of T.H. 7, Victoria. T. 84-103 Lynn L. Charlson - 400 lineal feet of rip-rap shoreline erosion protection, Sec. 2ADB, Lake Zumbra, Victoria. U. 84-104 Super America Stations, Inc. - grading and drainage plan for the reconstruction of a gas station,~,~e~_~3CC, 5377 Shoreline Boulevard, Lost Lake, Lake Minnetonka~ V. 84-105 City of Plymouth - grading and excavation for a passive recreational neighborhood park, Sec. 20D, between Zanzibar Lane and Weston Lane at 27th Place, Plymouth. W. 84-106 Orville Fisher - approximately 550 lineal feet of rip-rap shoreline erosion protection, Sec. 18DAA, Fagerness Point, Lake Minnetonka, Orono. X. 84-107 Joseph Fleischacker - 50 lineal feet of rip-rap shoreline erosion protection, Sec. 21CAA, Carman's Bay, Lake Minnetonka, Orono. Y. 84-108 Charlton Group - grading and drainage plan for a 30-1ot residential subdivision referred to as "North Ridge Farm", south of Holy Name Lake, east of Hunter Drive, Medina. Se Correspondence. Hearing of requests for petitions by public for action by the Watershed District. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Carroll. (1) Administrative Fund. B. Engineer's Report - Mr. Panzer. (1) Minnehaha Creek Channel Improvements at State Highway No. lO0/Cooperative Project No. CP-8 - Contract Negotiations. (2) 1984 Water Maintenance and Repair Fund Status. (3) 509/Watershed Management Planning. (4) Headwaters Control Structure - Status Report. (5) Maple Plain Treatment Plant Phase-Out/Interceptor Construction. (6) CP-5 Painter Creek Status Report. C. Attorney's Report - Mr. Macomber. Unfinished Business. A. Rule and Regulation Revision/Chapter 509. B. District Initiated Maintenance Projects. C. Draft Permit Application Guidelines. 9. New Business. 10. Adjournment. 2665n MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT May 17, 1984 The regular meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Cochran at 7:30 p.m. on Thursday, May 17, 1984 at the St. Louis Park City Hall, St. Louis Park, Minnesota. Managers present: Carroll, Cochran, Lehman, McWethy, Spensley and Thomas. Managers absent: Andre. Also present were board advisors Miller, Panzer and Macomber. Approval of Minutes The minutes of the regular meeting of April 19, 1984 were reviewed. It was moved by Lehman, seconded by Carroll that the minutes be approved as distributed. Upon vote the motion carried. Approval of Permit Applications The Managers reviewed a memorandum from the Engineer dated May 10, 1984, indicating those applications which comply with the applicable standards of the district and which were recommended for approval on the terms and conditions as set forth in his written memorandum. Following discussion and review of the written memorandum, it was moved by Lehman, seconded by Spensley that the following permit applications be approved subject to all %erms and conditions as set forth in the Engineer's written memorandum: 84-41 Tom Green - resurface existing parking lot with asphalt at Greenhouse Eatery and Bottleshop, City of Spring Park, 4056-4044 Sunset Drive, West Arm Bay. 84-50 ABC, Inc. - grading and drainage plan and a truss manufacturing plant, City of Long Lake, Sec. 34BCD, southwest of Daniels Street and Shaughnessy Avene. 84-51 84-54 84-55 84-56 84-57 84-58 84-60 84-62 City of Long Lake - cartway construction over drainageway to Long Lake, City of Long Lake, Sec. 34BCD, south of Shaughnessy Avenue. Robert Schlieske - rip-rap 50 feet of shoreline for erosion control, City of Tonka Bay, Sec. 21DA, Interlachen Channel, Lake Minnetonka. Ronald G. Olson - rip-rap 175.8 feet of shoreline for erosion control, City of Tonka Bay, Sec. 28BAD, north of Clay Cliffe Drive on Upper Lake, Lake Minnetonka. Robert Melamed - rip-rap 150 feet of shoreline for erosion control, City of Minnetonka Beach, Sec. 15CD, southeast of Huntington Point Road and Lafayette Road. James Schultz - rip-rap 103 feet of shoreline for erosion control, City of Shorewood, Sec. 34BB, north of Timer Lane on Gideons Bay. James Swenson - construct steel sheeting sea wall for erosioncontrol, City of Orono, Sec. 9CBA, north of North Shore Drive at Norenberg Channel. Richard Sufficool - r~p~rap 380 feet of shoreline for erosion control, City of Mound, Sec. 14CAB, southeast end of Shadywood Point. John Cusick - rip-rap 125 feet of shoreline for erosion control, City of Minnetonka, Sec. 8CC, north of Highway t01 on the southeast shore of Wayzata Bay. -2- 84-64 84-65 84-70 84-73 84-74 84-75 84-81 Upon vote the motion carried. Claire Thorwick - rip-rap 100 feet of shoreline for erosion control, City of Victoria, Sec. 6BDB, west of Smithtown Road on Smithtown Bay. Everett G. Cilley - rip-rap 105.6 feet of shoreline for erosion control, City of Victoria, Sec. 6BCC, north of Smithtown Terrace on Smithtown Bay. Charles Weibel - lake setback variance to allow building addition setback of 55 feet, City of Mound, Sec. 13AC, south of Wren Road on Harrison Bay. Frank Plant - rip-rap 140 feet of shoreline for erosion control, City of Deephaven, Sec. 13DDC, west of Azure Road on St. Louis Bay. Rogers Cablesystems - crossing Minnehaha Creek for burial of cable, City of Minneapolis, Sec. 14CAA, Minnehaha Creek at 10th Avenue South. Rogers Cablesystems - crossing Minnehaha Creek for burial of cable, City of Minneapolis, Sec. 17DCD, Minnehaha Creek at Upton Avenue. Wayzata Country Club - appropriation of public water from water well for irrigation of golf course, City of Orono, Sec. 26DCB, northeast of Old Long Lake Road and Wayzata Boulevard. 3 Tablinq of Permit Applications The Engineer's Memorandum recommended tabling the following applications pending receipt of all required exhibits. It was moved by Carroll, seconded by Lehman that the foregoing applications be tabled as recommended by the Engineer until all required exhibits have been received. 84-66 William J. Frank - rip-rap 170 feet of shoreline for erosion control,City of Deephaven, Sec. 24DBD,west of West Chimo on Carsons Bay. 84-69 Willow Wood Association - ~aintenance dredging of approximately 93 cubic yards of silt for dock, City of Tonka Bay, Sec. 28ACD, east of Willow Wood Drive on Gideon Bay. 84-72 City of Minnetonka - floodplain development for grading of a softball field, City of .. Minnetonka, Sec. 16DAC, north Minnetonka City Hall along Minnehaha. 84-76 Freshwater Foundation - grading and drainage plan for a residential development of 3 duplexes and 2 single-family residences, City of Orono, Sec. 20AAA, southeast of County Road 15 and County Road 19. 84-77 City of Plymouth - construction of diamond interchange,.. auxiliary lanes, and bridge over 1-494 at County Road 15, City of Plymouth, Sec. 34CB, intersection of 1-494 and County Road 15. Upon vote the motion carried. Derrick Land Company - grading and drainage plan for "Manchester Place Addition", a 104 unit townhouse development, City of Minnetonka, Sec. 16CD, Sussex Court Road. 83-63 The Engineer reviewed the request for approval of a phased grading and drainage plan to allow construction of t%7o townhomes -4- served by the westerly cul-de-sac prior to the completion of the remaining drainage facilities. The applicant appeared on behalf of the request. The Engineer indicated that the property is covered by the Minnetonka Comprehensive Storm Drainage Plan and advised the managers that the temporary drainage facilities meet district standards and recommended approval subject to conditions numbered 1 through 4 in his written memorandum. It was moved by Lehman, seconded by Carroll that approval of the phased drainage plan be granted subject to the conditions numbered 1 through 4 in the Engineer's memorandum. Upon vote the motion carried. Bliss and Company - grading and drainage plan for "Fitness Unlimited", City of Minnetonka, Sec. 16DC, 15028 County Road 5. 84-78 The Engineer reviewed the application for grading and drainage plan approval. He advised the Managers that the Board had approved a similar project for this site in 1981 and that rate control requirements had been waived in 1981 since the plan called for water quality treatment of substantial off-site drainage south of Minnetonka Boulevard. The Engineer advised that a revised outlet control structure design had been submitted and approved by the Engineer and recommended approval of the permit application as submitted. It was approved by Lehman, seconded by Thomas that the application be approved as recommended by the Engineer. Upon vote the motion was carried. Concord Realty Investment and Development, Inc. - concept review of grading and drainage plan including floodplain development and wetland alteration for a residential development referred to as "Princeton Court Townhomes", City of St. Louis Park, Sec. 31BD, north of 26th Street and east of Highway 100. 84-82 The Engineer reviewed the request for concept approval by the Board of Managers regarding proposed filling of floodplain and wetland areas for the construction of approximately 40 townhouse units. The Engineer advised the Managers that approximately 1.5 acres of the 4.47 acre site lies within the 100 year floodplain of Twin Lakes and that approximately one-third of the floodplain is a DNR-protected wetland. The proposal calls for filling all of the wetland located on the applicant's property. The total wetland is approximately 10.6 acres. Steve Cox and Michael Fowler appeared on behalf of the applicant. Following review and questions by the Managers, Manager Cochran expressed on behalf of the Board a general consensus that for the project to proceed the Board would likely require the developer to reduce the degree of wetland filling to provide compensatory storage for any filling within the 100 year floodplain and water quality treatment at the site to compensate for wetland encroachment. It was moved by Carroll, seconded by Lehman that the application be tabled. Upon vote the motion carried. -5- Citizen Comments Chairman Cochran noted that no other members of the public were present in connection with permit applications, and that a member of the public was present and wished to address the Board. Accordingly, the Chairman called upon John E. Iacono to address the Board. Chairman Cochran noted that the Board had received a copy of the letter from Mr. Iacono to Mr. Kent Lokkesmoe at the DNR dated May 9, 1984, regarding water problems at his property adjacent to Minnehaha Creek. Mr. Iacono advised the Board that his residence was built in 1962 and that he purchased the house in 1974. Mr. Iacono explained that he uses the walkout basement of his residence for office purposes and that his residence has a perimeter internal drainage system. Mr. Iacono stated that water appears to seep through the fill material on which the house was apparently constructed and up through.the basement floor. Mr. Iacono suggested that his preliminary investigations indicate that he may constitute an unique case on the creek in that he is not affected by overbank flows but rather experiences water in the basement as a result of underground flows which appear to be dependent upon creek levels. Chairman Cochran and the Board thanked Mr. Iacono for his presentation and indicated the Board's desire to investigate remedial measures that might be taken at properties that are affected by high creek flows. Robert Schmidt - dredging for adequate navigational access, City of Excelsior, Sec. 35BBA, Excelsior Bay, Lake Minnetonka. 83-08 The Engineer reviewed the prior action by the Board of Managers in connection with proposed dredging for navigational access. The Engineer informed the Board that after the Board had last reviewed the project, a DN-R permit was approved for dredging, limiting the dredging to an area 30 by 30 feet. The Engineer recommended approval of the project and issuance of a permit to conform with the limitations in the DNR permit. Manager Lehman requested that the permit specify the depth to be dredged as shown on the plan submitted by the applicant. It was then moved by Lehman, seconded by Spensley that the application be approved as recommended subject to the additional condition suggested by Manager Lehman. Upon vote the motion carried. Jack Dietrich, c/o Wayzata Childrens Shop - grading and drainage plan and floodplain development for a retail shopping development, City of Wayzata, Sec. 6DBD, south of Lake Street and east of Gleason Creek. 84-47 The Engineer reviewed the project and advised the Board that the applicant has determined the 100 year flood elevation of Gleason Creek at this site as requested by the Board at the last regular meeting. The Engineer also advised the Board that the applicant proposes additional excavation to compensate for the runoff which will be generated by development of the site. The Engineer advised the Managers that Gleason Creek is a county ditch, however, the channel does not show any recent change in deposits of sediment which would indicate the appropriateness of dredging prior to commencement of this project. The Engineer also advised the Managers that maintenance in the channel would be extremely difficult after completion of this project. It was then moved by Thomas, seconded by Lehman that the application be approved as recommended by the Engineer. Upon vote the motion carried. Rodney S. Wallace - rip-rap 270 feet of shoreline for erosion control and remove existing wooden sea wall, City of Greenwood, Sec. 26DAC, north shore of St. Albans Bay at Weeks Road. 84-59 The Engineer reviewed the rip project and advised the Managers that the project complies with applicable district standards for rip-rap replacement except that rip-rap will extend more than 5.0 feet waterward of the OHW. The Managers noted that the project involves the desirable removal of an existing vertical sea wall and it was moved by Cochran, seconded by Lehman that the application be approved as submitted. UpoD vote the motion carried. Gayle's Marina Corp. - rip-rap shoreline for erosion control, City of Orono, Sec. 8DDB, 3366 North Shore Drive. 84-61 The Engineer reviewed the application and recommended approval subject to conditions numbered 1 through 3 in his written report. It was moved by Thomas, seconded by Lehman that the application be approved subject to the foregoing conditions as recommended by.the Engineer. Upon vote the motion carried. Duane Markus - rip-rap 100 feet of shoreline for erosion control, City of Wayzata, Sec. 5CCC, west of Bushaway Road on Wayzata Bay. 84-63 The Engineer reviewed the application for rip-rap placement adjacent to an existing concrete sea wall. The Engineer recommended approval upon receipt of data indicating whether or not a filter blanket is necessary. It was moved by -7- Thomas, seconded by Cochran that the application be approved -subject to the foregoing condition. Upon vote the motion carried. Clark Connell - rip-rap 50 feet of shoreline for construction of two 2-foot wide sheet pile supports for erosion control, City of Greenwood, Sec. 26CBD, south of Meadville Street on Excelsior Bay. 84-67 The Engineer reviewed the application for rip-rap placement and construction of two steel sheet pile supports for erosion control and structural stability for in-place footings. The Engineer recommended approval subject to the conditions in his memorandum. It was moved by Cochran, seconded by Lehman that the application be approved subject to the conditions recommended by the Engineer. Upon vote the motfon carried. Tony Christianson- floodplain development for a single-family residence, C~ty of Wayzata, Sec. 6DCA, Shady Lane at Gleason Creek and Wayzata Bay. 84-68 The Engineer reviewed the application and indicated that a similar project was approved by the Managers at this location in 1982. The Engineer recommended approval subject to conditions numbered 1 through 4 in his memorandum which were contained in the previous approval. It was moved by Cochran, seconded by McWethy that the application.be approved subject to the,conditions 1 through 4 in the Engineer's memorandum. Upon vote the motion carried. Hennepin County Park Reserve District - grading and drainage plan for a campground and shoreline improvement for placement of a beach sand blanket, Laketown Township, Sec. 10DA, east shore of the western portion of Lake Auburn. 84-71 The Engineer reviewed the project as submitted by the Hennepin County Park Reserve District and recommended approval as submitted on the basis that the project would not affect local runoff characteristics. It was moved by Thomas, seconded by Carroll that the application be approved as recommended, by the Engineer. Upon vote the motion carried. Lundgren Brothers Construction, Inc. - grading and drainage plan for a residential subdivision referred to as "Steeplechase", City of Plymouth, Sec. 29AC, east of Dunkirk Lane and north of 18th Avenue North. 84-79 The Engineer reviewed the application and advised the Managers that the project in question is a portion of a larger project for which concept approval was granted under Permit No. 83-92. The Engineer recommended approval of grading and drainage plans subject to the condition tha~ the permit be -8- issued upon receipt of information showing that treatment of runoff is provided for one year and more frequent rainfall events. It was moved by Lehman, seconded by Thomas that the application be approved subject to the foregoing condition. Upon vote the motion carried. St. Paul Bible College - grading and drainage plan for student housing referred to as "Faith Village", Laketown Township, Sec. 5BD, west of Parley Lake on College Road. 84-80 The Engineer reviewed the application and recommended approval subject to conditions numbered 1 and 2 in his written memorandum. It was moved by Thomas, seconded by Carroll that the application be approved subject to the foregoing conditions numbered 1 and 2 in the Engineer's memorandum. Upon vote the motion carried. City of St. Louis Park - road and bridge construction for improvement of Highway 100 at 36th Street, City of St. Louis Park, Sec. 6CC, intersection of Highway 100 and 36th Street. 84-83 The Engineer reviewed the application for drainage facilities associated with road and bridge construction at Highway 100 and 36th Street in the City of St. Louis Park. The Engineer advised the Managers that the project met applicable district criteria and recommended approval as submitted. It was moved by Lehman, seconded by Thomas that the application be approved as recommended by the Engineer. Upon vote the motion carried. Citizen Presentation Chairman Cochran noted that a member of the public was now present in connection w~th non-permit matters and called upon Mr. James von Lorenz. Mr. von Lorenz explained that the Creekside Chapter of the Izaak Walton League, as a part of the National Izaak Walton League Save Our Streams Program, adopted Minnehaha Creek from Grays Bay to France Avenue as its local project. Mr. yon Lorenz presented the Board of Managers with a list of projects that members of the Creekside Chapter felt that the Board should investigate. These included creation of the creek maintenance fund to be used specifically for Minnehaha Creek maintenance; a suggestion that the Engineer make an annual inspection trip of the creek to identify necessary maintenance projects; placing of mile post markers along the creek; removal of cattails between Louisiana Avenue and Excelsior Boulevard; removal of a dead tree overhanging the creek between Louisiana Avenue and Excelsior Boulevard; creek maintenance and dredging through Meadowbrook -9- Golf Course. Mr. yon Lorenz stated that members of his organization feel that Minnehaha Creek is not being adequately attended to by the Board and money is being spent on projects which some members consider to be of lower priority, such as the raising of bridge obstruction and channel improvements in the Cascade Lane area of the City of Edina. Mr. von Lorenz submitted the copy of suggested projects to the Board. The Board members thanked Mr. yon Lorenz for his presentation. Maple Plain Treatment Plant/Interceptor Chairman Cochran then called upon the Engineer to review matters relating to the request of the City of Orono to support Orono's position concerning phaseout of the Maple Plain Treatment Plant and construction of a proposed interceptor. The Engineer summarized the matter for the Board. The Engineer explained that the basis o'f the City'~ position is that construction of an interceptor will induce urbanization and increase non-point source pollution that will ultimately outweigh the beneficial effects of eliminating the present point discharge into Lake Minnetonka. The Engineer advised that the Metropolitan Waste Control Commission has approved construction of the interceptor and that the MPCA supports the project. The Engineer advised the Board that the MPCA has also taken the position that the completed EAW sdequately identifies sufficient existing land use controls to prevent long term adverse environmental changes suggested by the City. John Shardlow, Land Planning Consultant for the City of Orono appeared and addressed the Board and submitted a memorandum to the Board dated May 18, 1984. Mr. Shardlow stated that because of the location of the metropolitan sewer service region line, SAC charges have been made against lands which are not scheduled for development under the City of Orono comprehensive plan. Mr. Shardlow expressed concern that the City could legally deny hookups to properties which have paid SAC charges and which are totally within the MSSR line. Secondly, Mr. Shardlow suggested the calculations prepared for the City of Orono indicate that, with an average density residential development of approximately four units per acre, this area would contribute an additional 7,000 to 9,000 pounds of phosphorus to the lake annually. Mr. Shardlow stressed that all of this potential contribution to the lake could be eliminated if the interceptor were not constructed. -10- On behalf of the Minnesota Pollution Control Agency, Margaret Velky reviewed the present status of the matter. She indicated that the MPCA has prepared a proposed permit both for the treatment plant phaseout and the interceptor construction and that both permits contain language which the staff views as adequate to prohibit future hookups to the interceptor. Ms. Velky distributed a copy of the proposed permit terms for review by the Board of Managers. Craig Affelt of the MPCA ssaff reviewed the matter and stressed that it was the original policy of the MPCA as well as the district's Board of Managers, to remove all point sources of phosphorus from the lake and that the only method that would accomplish that goal would be the phaseout of the Maple Plain Treatment Plant as proposed. Mr. Affett also indicated tha~ the Blue Lake Treatment Plant was designed to handle flows from the Maple Plain sewer service area and that that capacity was presently available. The Board discussed the issues, Chairman Cochran expressing concern regarding the effectiveness of the proposed permit limitations on future connections to the proposed interceptor and expressing the need to look at the urbanization issue in full as suggested by the City of Orono. Following further discussion it was approved by Thomas, seconded by Lehman that the Board support Orono's request for a public hearing on the proposed permit to provide a full airing of all relevant issues. Upon vote the motion carried, Manager Carroll voting no. Treasurer's ReDort The Treasurer distributed his monthly report dated May 17, 1984, a copy of which is attached. The Managers noted tha~ on page 2 of 5, the sum of $2,768.00 entered for the line item HD4 for the current month should appear on the line item A4 for the current month. Following further review of the statements as submitted by the Treasurer and discussion of the balances available for investment, it was moved by Lehman, seconded by McWethy that the Treasurer's Report dated May 17, 1984, be approved with the foregoing modification on page 2 of 5, and the bills be paid as set forth in that report. Upon vote the motion carried. Correspondence Board noted receipt of correspondence from Kay Mitchell, Clerk to the Board of Commissioners of Hennepin County and Herbert Klossner, Director of the Department of Transportation responding to the letter from Chairman Cochran of April 16, 1984 regarding Hennepin County State Aid Highway 73 at Minnehaha Creek. The letter from Mr. Klossner indicated the County is investigating the situation and considering the feasibility of various reconstruction alternatives to the culverts at that location. Minnehaha Creek Channel Improvements/CP-8 The Engineer reviewed a proposed contract amendment with Julian M. Johnson Construction Co. which had been negotiated following submission of billings from the contractor for the dewatering costs encountered in attempting to perform the work in the winter of 1984. The Engineer explained the contract amendment would pay a portion of the costs requested by the contractor and commit the contractor to perform the work in the fall/winter of 1984-85 at the same contract price. The Engineer stated that in his opinion the proposed compensation to the contractor was more than fair and was based on the premise that the Board of Managers did not want to terminate the contract and complete the work under the contractor's performance bond. Following review and modification of the language on completion date, it was moved by Carroll, seconded by Lehman that the amended contract be approved and the president authorized to execute the amended agreement on behalf of the District. Upon vote the motion carried. 1984 Water M~intenance and Repair Fund Status The Board reviewed a memorandum from the Engineer dated May 8, 1984, summarizing the current status of the water maintenance and repair fund. The Engineer's memorandum indicated that approximately $14,000 remained unencumbered in the fund but that approximately $9,600. of that amount would be committed to the CP-8 project under the amended agreement. The Managers discussed priorities for the remaining funds. Following discussion it was moved by Carroll, seconded by Lehman that the remaining balance in the 1984 Water Maintenance and Repair Fund should be committed to modification and repair of canoe landings on Minnehaha Creek in the order of need and that the City of St. Louis Park project request for vegatation removal should be deferred until next year. Upon vote the motion carried. 509/Watershed Manaqement Planninq The Engineer advised the Board that the City of Richfield has requested a meeting regarding Chapter 509 planning. The Engineer advised the Board that a meeting with staff has been set for May 21, 1984 at the City of Richfield City Offices to be followed by a work session with the Managers and the City Council members on June 11, 1984. The Engineer also stated that the series of Technical Advisory Committee meetings, which are open to all interested persons, have been scheduled for May 31, June 7, and June 14, 1984, in three areas of the Watershed District. The purpose of these meetings is to secure comments on the policy statement drafts. - -12- Headwaters Control Structure The Engineer advised the Managers that Lake Minnetonka as of May 17, 1984, was at elevation 930.04 and that the discharge through the control structure was 175 CFS. CP-5/Painter Creek Status Report The Engineer distributed the project completion schedule and stated that the topographic maps being prepared from the aerial photography recently taken should be available by the June meeting. MCWD Canoe Trip The Engineer confirmed that arrangements had been made for all members of the District's Board, Staff and other persons who wish to attend a canoe trip on Minnehaha Creek to be held on Saturday, May 19, 1984, commencing at 10:00 a.m. in Utley Park in the City of Edina. Rice Creek Watershed District/Lonq Lake Sediment Treatment Tour The Engineer distributed information on a clean lakes project underway in the Rice Creek Watershed District for the information of the Managers. Metropolitan Association of Watershed District Chapter 509 Members Chairman Cochran distributed a communication from Howard Peterson of the Riley-Purgatory Creek Watershed District Board of Managers regarding possible legislative activities which might be undertaken by the Metropolitan area watershed districts. The Chairman requested the attorney to distribute copies of the communication to the Managers for discussion by the Board at the next regular meeting. Petition for Boundary Amendment/Chapter 509 The Chairman executed on behalf of the Board a joint petition with the Nine Mile Creek Watershed District and the Riley-Purgatory Creek Watershed District to amend joint boundaries between those districts in conformity with the requirements of Chapter 509. -13- Adjournment There being no further business to come before the regular meeting, Chairman Cochran declared the meeting adjourned at 12:10 a.m. Respectfully submitted, John E. Thomas, Secretary 2661n -14- June 26, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is an article that was published on Saturday in the Tribune. Somehow, the word got out that if cities could pass a resolution by last Friday that all those I.R.B.'s listed in the resolution would be exempt from coverage under the new Federal Tax Bill. Unfortunately, the people who monitor that kind of stuff for the City didn't call us and the one bond opportunity that we could go with, "Town Square" was potentially missed. That wouldn't be the end of the world, but when you see the IRB bond inventory that Minneapolis, St. Paul and Bloomington have, it is not surprising that this City is not very competitive with those Cities. i.e. Hennepin County Minneapolis Bloomington St. Paul Port Authority TOTAL $ 390.0 M 1.500.0 M 500.0 M 59.0 M $ 2.449.0 Billion Minnesota, in 1983, sold $1.3 billion dollars worth of bonds. The new Tax Bill caps the annual lid at $600.0 million. Thus, the four groups listed above total nearly 4 years of exclusive use. Where all this leaves Mound is outlined in greater detail in the attached article. JE:fc eric. Deadline on bonds produces a rush 1 on resolutions By Jim Adams Staff Writer Officials of the metropolitan area's three biggest cities and its biggest county gathered Friday in hastily called meetings to pass resolutions they hope will save millions of dol- lars on low-interest bonds sold to finance development projects. But they may have done so in vain. Th~ officials city council mem- 'hers from Minneapolis and Bloom- ington, port authority members in SL Paul, and Hennepin County Commis- sioners -- are hoping to take advan- tage of a loophole which was being discussed in Washington yesterday by a Congressional conference com- mittee. Congress might exempt certain gov- 'erament bodies from new, restric- tive legislation that would sharply ~¥.~urtall the use of tax-exempt indus- trial development bonds. Congress wants to cut their use ,in order to help reduce the federal deficit. WaShington lobbyists told officials that the conference committee was considering setting yesterday aS the deadline for government bodies to de~lar~ their intentions to use indus- trial development bonds. '~ment bodies passing resolu- lions' by yesterday --- or whatever date on which the committee agrees -- would be covered by a previous law which allows unlimited use of industrial development bonds, said Maureen Warren, an aide to St. Paul Mayor George_Latimer. The confer- ence committee previously had dis- cussed a deadline of May 1983, War- rea said. Cutting back on the bonds is intend- ed to save the U.S. Treasury about $5 billion over five years, according tO congressional estimates. The resolutions .lmSSed by Twin Ctt- les officials say that they intend to sell tax-exempt, industrial develop- ment bonds for specified projects, including a county, garbage-burning system, Metropolitan Stadium site development a.nd a Minneapolis con- vention center. But Dave Rosenauer, chief legisla- tive assistant for U.S. Rep. Bill Fren- zel, IR-Third District, said it ap- peared late yesterday afternoon that the conference committee would agree on a measure that makes the toeal resolutions meaningless. Speaking from WaShington, Rosen- auer said that any "grandfather" clause probably will stipulate that government bodies ~take action be- fore Friday in order to bo allowed unlimited bonding. One House bill being considered by the conference committee would re- strict the amount of industrial devel- opment bonds, that' could be issued in each state to $150 per capita. That would limit the total bonding amount to about $600 million in Minnesota, said Jimmie Powell, legislative di- rector for Sen. Dave Durenberger, IR-Minn. 'In 1983, $1.3 billion worth of bonds were issued in Minnesota, according the the Minnesota Department of Energy and Economic Development. Hennepin County taxpayers would save more than $100 million if the county sells industrial development bonds instead of taxable bonds for its proposed solid-waste burning system, said John Holten, a legal consultant Bonds continued on page 7B r.~unu~-£ontlnned from Pa, to the ~enn~Pln County board. The board unanimously passed a resolu- tion ~ying it inten~ to sell about $390 million wo~ of bon~ for the project If Con~e~ limi~'the bon~ ~ued in ~ch ~te, Holten ~id, s~te officia~ are likely W all.ate them b~ pa~Y on gove~ment bodies' h~tor- ic u~ of the bon~. '. The county haS not used industrial development bonds very muc. h, said Commissioner Jeff Spartz. That means "we would probably fall very short on the totem pole of priorities," he said. Minneapolis ,City Council members spent about two hours yesterday identifying more than 125 wish-list projects with a total cost of more than $1.5 billion before passing a resolution saying they intend to issue bonds to finance the projects, said Steve Yanisch, city finance project manager. The city bell?~es.~c_h~.p_rojects _.as___ the proposed neW'convention center would either be killed or delayed without low-interest financing, he said. The Bloomington City Council resolu- lion said it intends to sell up to $500 million worth of industrial develop- ment bonds to develop the Metropol- itan Stadium site. Mayor Jim Lindau said that if the city cannot use indus- trial development bonds for the pro- ject, private developers would have to find more expensive conventional financing. That could hinder the pro- ]ect and delay an .increase in the site's taxable value, he said. Warren said the' St. Paul Port Au- thority was to meet laSt night to pass a resolution saying it intends to issue industrial development bonds for $55 million worth of projects. She said St, Paul was notified, about conference committee deliberations by a lobby. 1st for the National League of Cities. Legislation ra ses ' ofgarbage.., price ..~ Jim Adams. ....... ;.~;~ ~{,~.,..'".-,-~.:... ~,;~';~ ~?~;-' a-. ~. lobbyist; for:. ,~e ~Natlonal ~en~ePia [Cou~W. ~a~ appar~.~ .Th&' ~nfe - itt =a~ion , ently will. pay millio~ mo~ for a pro~ ~rba~bu~.;,: sire d~ion ~f~,ytb~:~T~i~n~ of ing system because ,of legislation passed Saturday by-a.ccngressiona~;~- The new la~' would greatly restrict':'.-* tax-tree industrial .' development' bonds, which' bad been unlimited.' The new law is an attempt to reduce the federal' deficit. The legislation is Hennepln County in terms of sha/'ply increasing .. ou r,,garbage,~ d. isposal cdSts,? ~said -'.'ChromiC-Ii, neff_ Ra.ndy Johnson. lie *s~ld the county stair *estimates that it may cost at least $8-i~illion .. 'per year more during the' 20-Year term of bonds .issued fora ,$200.mii- -.expected to be passed by Congress. It.' lion garbage-burning sYstem, must be signed by Presldent~-Reagan , - before it can take effect, .i:?The ne~...Jegislation **.would- limi( ln- A:'~.:2 ;i.:-'~:t:;~ .~-:-': ;~': '~ '~!~;;¢:-~.::',~ :.'-?. dustrtal, dev.elopm, ent~boncLs ~saue.d ih -,-Minneapolis and,-Bloomington.~roj~: .'eacb~.state3:0 $150.per.capita~.'.which gets. would, be :affected .by'-fbe?new? meanS about. $611:. million, would be law, but St. Paui would'have no:dlffi-;s'~, available.' fok; Minnesota.f~ offic[ials culty, officials of the cities said: ~ .;: .*said...$tate Jegislators haye..passed a · ..,;.~- ~. .... ::%~.. .... law stating that if Congress. {trailed The three cities and the county the amount of industrial develop- board of commisslooers pa~s~.~O ~r~ '~ment bondS, most~&vailable'*b6nding lutioas Friday Iff h0~:~S of'me, ting ~ "~would go* tO-'government units that deadline ~ rumored to be Friday ~ have been large' USers of the bonds. gor:.exemp{i0n Cfr~rdTthe~' new .taw. Under state gui~Jel~ne~;'l~fino~apolis <The* resoluU0i~ stated ar/ intent to'? would. ~laalify' Jor' aboi~t $45~mlllion '. use'th6 low-i/~t6rest bOnds 't6.bulld :4n:b0nds,* BlOOmingtoh, $10 milliori, ' the gai-bige~6ur~lng system;'develop*. '-'*and st. Paul, $85 million, their the vacant Metropolitan' $tadlu~ site · cials said.' ~'": ~ .: ..... ~-. *, .." :-. .,,...' * "..*.~.; ?. 5 . and finance scores of other projects "in Min~eal~011S and St: Paul:' .5 :'~ St. Paul olflcials say/. their allotment. · * ~ .' '~ ....... : :'-' :*,;.i,' "~ ' ~ ' Would ' be ~ enough~:,'to*' cover~ their But 't lie r'esdlutlons: bec~ii~ ~futlle:' ~. needs: Minneapolis: exPeCts~;:to ~ be h'ours later when the congressiOnal q'~about ,10 pe~ent short of the bond- confer~'n~e 'c~ommittee set the di~ad- ,"lng power it would riced thlg year "line ~s"lak~t.Tuesday lor~proj~ct'pro- and have even less boadin~ available · '--posals'*to r~cetve'the'tax4ree bOnds;q: neXt: year, sale Steve: Yafil~;ch, fi- · -The cbngressional'committee decid-', *' nance project maa~ger' for the Min- ed 'that go,,;&rnmeht units that met>: neap01is Commtinlty Dev~lepmleat that deadline must issu~ the bonds .'-'Agency.' ~ - .... - ':; "'': "-;" · . before January, said Frank June 26, 1984 CIi FY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE: CITY COUNCIL CITY MANAGER C.P.I. (Consumer Price Index) Enclosed is a follow-up to my memo regarding the letter Steve Smith sent out on the cost of living. In 1983, it says, the C.P.I. increased 3.8%. In 1984, so far, it has risen 4.6%, close to the 5.0% we had projected when we did the 1984 Budget back in August of 1983. JE:fc enc. · Consumer Price Index P~cent change from previous month May J J AS ON D JFMAMJ J A SON JFMAM 1982 1983 1964 Star and Tribune chart-- Sourcl/U.S. Department of Labo~ May,consumer price climb restrained by drop in food costs Associated Press Washington, D.C. The sharpest decline in food costs in almost a year held the May increase in consumer prices to two-tenths of 1 percent, the government said Priday. The Labor Department's report was the second this week dispelling fears that the. economy's strong growth was relgnltlng inflation. The Commerce Department report- ed Wednesday that the economy is growing at an unexpectedly strong 5.7 percent annual rate in the second quarter. Still, inflation is rising at an annual rate of less than 3 percent in the still unfinished quarter, accord- ing to the Commerce estimates. "There's been more hype about in' flation than there has been infla- tion,'' economist Jerry Jasinowski said yesterday. At the White Hou/e, spokesman Lar- ry Speakes said, "Inflation' remains. under control at the shopping counter... We're on the right course of sustainable growth and low infla- tion.'' · orders to factories for durable goods rose 3.3 percent in May, reversing a sharp 6.5 percent drop in April. Page 7B. So far this year, the Consumer Price Index has risen at an annual rate of a bit under most aha- rations of a 5 percent gain for the year. m, e the ,smartest gain since me price-con- trolled years of 1971-72. In the May inflation report, the La- bor Department said cheaper prices for beef, poultry,' vegetables and eggs in May contributed to a two- tenths of 1. percent drop in food costs. Food prices were steady in April and fell one-tenth of 1 percent in March. A two-tenths of 1 percent increase in gasoline prices also restrained con- sumer costs last month, the Labor Department report said. Normally, gasoline prices climb quite a bit Economy continued on' page 7B