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1992-03-24CITY OF MOUND NHSSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIl. REGULAR MF~ETING 7:30 P.M. TUESDAY, MARCH 24, 1992 CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE Se APPROVE THE MINUTES OF THE MARCH 11, 1992 REGULAR MEETING, THE MARCH 17, 1992 ADJOURNED MEETING AND THE MARCH 17, 1992 COMMITTEE OF THE WHOLE MEETING. PG. .PUB~.IC H~.ARING: YEAR XVIII COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM PG. ~ASE NO. 9~-055: VARIANCE REQUEST FOR WILLIAM VOSS, 4608 KILDARE LANE, LOT 6, BLOCK 11, SETON, PID ~19-117-23 21 0028. PG. CASE ~9Z-005: VARIANCE REQUEST FOR RICHARD HENDERSON, 1948 SHOREWOOD LANE, LOT 13, BLOCK 2, SHADYWOOD POINT, PID ~18-117-23 23 0013 PG. PRESENTATION FROM FRANK HORNSTEIN, CLEAN WATER ACTION, RE: REACTION TO CITY COUNCIL'S POSITION ON THE USE OF ASH FROM THE HENNEPIN COUNTY INCINERATOR. PG. DISCUBSION: RESPONSE FROM HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS RE: CITY OF MOUND'S REQUEST TO REVIEW THE FEASIBILITY OF BOAT TRAILER PARKING ON THE EAST SIDE OF BARTLETT BLVD. FROM THE MOUND BAY PARK DEPOT TO THE NORTH ENTRANCE TO MOUND BAY PARK. PG. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT 756-765 766-783 784-799 800-814 815-832 833 10. 11. 12. 13. 14. 15. 16. BID AWARD~ DROP OFF. EVENING.) SPRING LEAF PICKUP AND/0R LEAF (MATERIAL TO BE DISTRIBUTED TUESDAY SET BID OPENING DATE FOR 1992 ANNUAL SEALCOAT PROGRAM (SUGGESTED DATE: APRIL 3, 1992, 11 AM) RESOLUTION 92- RESOLUTION OPPOSING GOVERNOR CARLSON'S PROPOSAL TO CUT LOCAL GOVERNMENT AID (LGA) TO CITIES. (RESOLUTION TO BE HANDED OUT TUESDAY EVENING) DISCUSSION: MOUND VISIONS PROJECT - COSTS ASSOCIATED WITH GETTING TO PRELIMINARY FINANCIAL FEASIBILITY STUDY (MATERIAL TO BE DISTRIBUTED TUESDAY EVENING) LMCD COMMERCIAL DOCK LICENSES - DRIFTWOOD SHORES AND SETON VIEW PG. 834-839 RESOLUTION APPROVING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL #35 SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL FOR THE PERIOD JANUARY 1, 1991 - DECEMBER 31, 1993 (MATERIAL TO BE DISTRIBUTED TUESDAY EVENING) PAYMENT OF BILLS PG. 840-850 INFORMATION/MISCELLANEOUS ae February 1992 Monthly Financial Report as prepared by John Norman, Finance Director PG. 851-852 Be Planning Commission minutes of March 9, 1992 PG. 853-858 Ce Parks and Open Space Commission minutes of March 12, 1992 PG. 859-862 Executive Summary of the Proposed Rental Housing Ordinance as prepared by Curt Pearson, City Attorney PG. 863-866 As you directed previously, we have scheduled a spring cleanup. This project is scheduled for Friday, April 24, 1992 and Saturday, April 25, 1992 at the Lost Lake site. If weather does not permit us to have the drop off at the site, it will be moved to another site in the downtown Fe Ge He area of Mound. Joyce Nelson, Recycling Coordinator, has put this project together and will have several companies at the site to pick up stated items. One of the questions that has arisen is: "Should we limit participation by only offering the program to Mound residents?" If not, we may be overwhelmed with material and the project could become unmanageable. Please give this some thought. Information from Pioneering Creative Environmental Solutions (PICES) re: Hennepin County Incinerators ash - Road project in the City of Corcoran PG. 867-869 1992 Annual parks Tour is scheduled for Saturday, May 16, 1992, beginning at 10:45 AM at A1 & Alma's docks. The Parks and Open Space Commission felt that a public shoreland tour might be appropriate this year. Merrit Geyen has volunteered the use of a boat and will only charge us for lunch at $6.50 per person. The City of Mound, out of appropriate department budgets, will pay for the lunches. The City Council, Planning Commission and the Parks and Open Space Commission are being invited. City staff will also attend. Please mark your calendars. On Monday, March 23, 1992, 7 PM, Channel 20, an eight minute video will be shown on the remodeling and addition of Mound City Hall. John McKinley, Police Department, did the video taping of the project. He also wrote the script for the video. The Public Access Studio has added to the video by taking more shots and has edited the tape to an eight minute showing. Please take a look and let us know what you think. Memorandum from Mark Koegler, City Planner, re: LMCD Lake Access Task Force meeting held March 11, 1992. Mayor Skip Johnson has indicated he wishes to be the City of Mound representative to this committee. PG. 870-873 755 27 March 11, 1992 MINUTES - MOUND CITY COUNCIL - MARCH 11, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 11, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen and Ken Smith. Councilmember Ahrens arrived late. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Police Chief Len Harrell, Finance Director John Norman, Liquor Store Manager Joel Krumm and Insurance Agent Earl Bailey. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the February 25, 1992, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PRESENTATION OF 1992-1993 COMMERCIAL INSURANCE PROGRAM - EARL BAILEY, R. L. YOUNGDAHL & ASSOCIATES Insurance Agent Earl Bailey summarized the 1992 Insurance Coverage and premiums. They are as follows: 1991 1992 Property Crime Equipment General Liability Automobile Liquor Liability Emer. Med. Techs. Public Officials E & O Police Professional Worker's Compensation Bonds Fireman's A & H Loss of Income 11,049 293 3,296 49,772 25,285 5,148 INCL. 5,757 INCL. 60,770 1,238 250 9,764 (1) 272 (1) 3,081 (1) 48,011 (1) 23,556 (1) 6,575 (2) INCL. (1) 5,628 (1) INCL. (1) 57,845 (3) 1,238 (4) 250 (5) 331 (1) TOTAL 162,858 156,551 28 March 11, 1992 Specialty Lines: (1) League of MN. Cities Insurance Trust thru Berkley Risk Services (2) Transcontinental Insurance Co. (CNA) thru John Crowther (3) League of MN. Cities Insurance Trust thru E.B.A. (4) Capitol Indemnity (5) Health Special Risk Johnson moved and Jensen seconded the following resolution: RESOLUTION #92-25 RESOLUTION ACCEPTING THE POLICIES, PREMIUMS AND COMPANIES AS SUBMITTED BY EARL BAILEYt R. L. YOUNGDAHL & ASSOCIATES FOR THE 1992 INSURANCE PROGRAM The vote was unanimously in favor. Motion carried. 1.2 1991 DEPARTMENT N~ADANNUAL REPORT~ The following Department Heads presented their annual reports to the City Council: Liquor Store Manager Joel Krumm, Police Chief Len Harrell, and Finance Director John Norman. 1.3 .GOVERNOR'S BUDGET PROPOSAT. The City Manager explained that the Governor's Budget proposal is a $%-plus cut in Mound's revenue base. Based on the current proposal Mound will lose $155,453 in LGA in 1992. The City Manager stated that this could mean a cut in personnel if the proposal is adopted. He also pointed out the inequities of the current proposal. The Council asked to be kept informed on this subject. The Manager stated he will be interested to see if out state cities will be affected the way the metro cities with low revenue bases are being affected. The Council will discuss this further before the Committee of the Whole Meeting on March 17, 1992. 1.3 ~ESOLUTION TO GRANT AN EXTENSION OF RESOLUTION #91-72 FOR PROPERTY LOCATED AT 4967 WILSHIRE BLVD. FOR THOMAS NICHOL~ The City Clerk explained that there was a typographical error in resolution #91-72. The applicant's attorney did not bring the error to the City's attention and did not file the resolution. Now the resolution has expired and the applicant is now requesting an extension. Jessen moved and Jensen seconded the following resolution: RESOLUTION #92-26 RESOLUTION TO GRANT AN EXTENSION RESOLUTION #91-72 OF 757 The vote was unanimously in favor. 1.4 29 March 11, 1992 Motion carried. CASE ~91-057: RESOLUTION OF DENIAL FOR DEI~NIS ZYLLAt (REPRESENTING JAMES & JOSEPHINE SHARP) 4925 GLEN ELYN ROADt LOT 22~ BLOCK 24t 81~DY~OOD POXNTt PID ~13-117-24 11 0097 The City Attorney presented the resolution prepared. of denial that he Smith moved and Jensen seconded the following resolution: RESOLUTION #92-27 RESOLUTION DENYING THE APPLICATION OF JAMES SHARP AND JOSEPHINE SHARP FOR A VARIANCE FOR PROPERTY LOCATED AT 4925 GLEN ELYN ROAD The vote was unanimously in favor. Motion carried. 1.5 SET PUBLIC HEARING FOR PROPOSED RENTAL HOUSING ORDINANCE MOTION made by Jensen, seconded by Jessen to set April 28, 1992, at 7:30 P.M. for a Public Hearing for the Proposed Rental Housing Ordinance. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.6 BID AWARD: 1992 LIFT STATION IMPROVEMENT PROJECT The City Engineer 7 bids were received for the 1992 Lift Station Improvement Project. The base bids were as follows: Gridor Construction Inc. Gilbert Mechanical Contractors, Inc. LaTour Construction, Inc. Penn Contracting, Inc. Northwest Mechanical, Inc. Rice Lake Contracting Corp. Barbarossa & Sons, Inc. $207,600.00 $212,859.00 $217,985.00 $220,386.00 $218,800.00 $241,800.00 $372,000.00 The Engineer's Estimate in March of 1992, was $219,200 and this included 10% contingencies. He is recommending the award go to Gridor Construction, Inc. in the amount of $207,600. He further explained that if the Council accepts Alternates B-E that amount would be reduced by $11,800, resulting in a contract price of $195,800. 3O March 11, 1992 Smith moved and Jessen seconded the following resolution: RESOLUTION #92-28 RESOLUTION AWARDING THE BID FOR THE 1992 LIFT STATION IMPROVEMENT PROJECT TO GRIDOR CONSTRUCTION IN THE AMOUNT OF $207,600 The vote was unanimously in favor. Motion carried. 1.7 RESOLUTION AUTHORIZING THE MAYOR & CITY MANAGER TO EXECUTE WARRANTY DEED TO SELL CITY PROPERTY The City Clerk explained that this is for the closing on the property (parking lot behind Donnie's Restaurant) being sold to Turnquist Properties, Inc. Jensen moved and Jessen seconded the following resolution: RESOLUTION #92-29 RESOLUTION AUTHORIZING THE MAYORAND CITY MANAGER TO EXECUTE A WARRANTY DEED TO SELL CITY PROPERTY The vote was unanimously in favor. Motion carried. 1.8 PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $262,536.49, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD ON ITEMS 1.9 RESOLUTION TO APPROVE A MINOR SUBDIVISION OF CITY OWNED PROPERTY The City Clerk explained that this has to do with the property that was approved to be sold to an adjoining property owner at the last Council Meeting. The property is located on the corner of Tuxedo Blvd. and Brighton Blvd. and the sale of part of our property will take an encroachment off city property. The City Attorney pointed out that the part that was sold should have been subdivided off so there are not future title problems. Smith moved and Jensen seconded the following resolution: RESOLUTION %92-30 RESOLUTION TO APPROVE A MINOR SUBDIVISION OF PART OF LOT 16, BLOCK 14, ARDEN The vote was unanimously in favor. Motion carried. 31 March 11, 1992 1.10 LICENSE RENEWALS The City Clerk reported that the following licenses are up for renewal as of April 1, 1992: TREE REMOVAL Aaspen Tree Service Emery's Tree Service Shorewood Tree Service Robert F. Dahlke Eklunds Tree Service Lutz Tree Service HAWKER/FOOD VENDOR Blue Bell Ice Cream COMMERCIAL DOCK A1 & Alma's Supper Club - 24 Slips in Water Chapman Place Assoc. - 27 Slips in Water Boat Rental of Minnetonka - 24 Slips in Water 18 Boats Stored on Land MOTION made by Jessen, seconded by Ahrens to authorize the issuance of the above licenses contingent upon all required forms, insurance, fees, etc. being turned in. The vote was unanimously in favor. Motion carried. 1.11 ORDINANCE AMENDMENT - SECTION 920:1'5 - REGARDING NOISE IN RESIDENTIAL AREAS The City Attorney explained that the Prosecuting Attorney has recommended that an amendment be made to Section 920:15 of the City Code relating to noise in residential areas because there is nothing in the ordinances to cover noise other than a party. Jensen moved and Jessen seconded the following: ORDINANCE #55-1992 AN ORDINANCEAMENDING THE MOUND CITY CODE BY AMENDING SECTION 920:15 REGULATING NOISE IN RESIDENTIAL AREAS The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for February, 1992. 32 Marsh 11, 1992 Be LMCD Representative's Monthly Report for February, 1992. LMCD Mailings. De Planning Commission Minutes of February 24, 1992. Final & Official Copy of the LMCD Long-TermManagement Plan as adopted in December, 1991. Fo Thank you letter from David Feerhusen, Re/Max, re: meeting on City's dock system. Go REMINDER: COW Meeting, March 17, 1992, will consist of a meeting with the EDC on Mound Visions Project. Begins at 7:00 P.M. at City Hall. The Council then discussed adjourning this meeting until 6:30 P.M. on March 17, 1992, in order to discuss and take possible action on the Governor's Budget Proposal. MOTION made by Smith, seconded by Jensen to adjourn this meeting until Tuesday, March 17, 1992, at 6=$0 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES ADJOURNED REGULAR CITY COUNCIL MEETING MARCH 17, 1992 The adjourned meeting from March 11, 1992 of the reconvened in regular session on Tuesday, March 17, council chambers at 5341 Maywood Road, in said City. Mound City Council was 1992, at 6:30 PM, in the Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen, Ken Smith and Andrea Ahrens. Also present were City Manager Edward J. Shukle, Jr., Finance Director John Norman and Lori Hamm from the "Laker" newspaper and a representative from the "Wayzata Weekly News". The Mayor opened the meeting and welcomed the people in attendance. 1.1 CONTINUED DISCUSSION: GOVERNOR CARLSON'S PROPOSED LOCAL AID CUTS City Manager, Ed Shukle, summarized the discussion held at the March 11, 1992 regular meeting concerning Governor Carlson's proposed cuts in Local Government Aid. A discussion followed with regard to drafting a resolution and/or letter to Governor Carlson, the Senate and House Committee Tax Chairs, Representative Steve Smith and Senator Gen Olson, as well as area newspapers, with copies to the League of Minnesota Cities and the Association of Metropolitan Municipalities. Some of the issues to be incorporated within the resolution include: 6.5% sales tax passed in 1991, which went into the Local Government Trust Fund 2. Anticipated 1993 cuts Impact of not cutting other aids from cities who do not receive Local Government Aid 4. No LGA cuts for counties or townships 5. No aid cuts for schools 6. Levy limit issue 7. Mandates, i.e. presidential primary - no money from the state 8. Limited growth in valuation 9. Severe cuts in local service levels ADJOURNED CITY COUNCIL MEETING OF MARCH 11, 1992 The City Council directed the City Manager to prepare a resolution which the City Council will review and formally adopt at its regular meeting on Tuesday, March 24, 1992. MOTION made by Jensen, seconded by Smith, to adjourn this meeting until after the Committee of the Whole meeting this evening with the Economic Development Commission, The vote was unanimously in favor. Motion carried. City Manager Attest: City Clerk ADJOURNED REGULAR COUNCIL MEETING OF MARCH 17, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 17, 1992 in the council chambers at 5341 Maywood Road, in said City, reconvening at 9:03 PM. Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen, Ken Smith and Andrea Ahrens. Also present were City Manager Edward J. Shukle, Jr. and Finance Director John Norman. The Mayor opened the meeting. Councilmember Ken Smith addressed the Council with regard to a meeting held with the chairman of the Firemen's Relief Association Board; John Norman, Finance Director and Mr. Smith. Mr. Smith indicated that the issue discussed dealt with the City's reduction in the contribution for the firemen's pension. Also discussed was the pension benefit. Currently, the benefit is paid at $395 per month to firemen who have vested (served 20 years or more and have retired). After that meeting, it was suggested by the chairman of the Relief Board, Dave Carlson, that a meeting be held with the City Council regarding the pension 2 ADJOURNED CITY COUNCIL MEETING OF MARCH 11, 1992 program. The City Council discussed this and agreed that a meeting could be held that would include the City Council, City Manager and Finance Director. The City Council agreed to meet with the Firemen's Relief Pension Board 0t their Committee of the Whole meeting which is scheduled for Tuesday, June 16, 1992, at 7 PM at city hall. MOTION by Johnson, seconded by Jensen to adjourn to an executive session to discuss labor negotiations strategy. The vote was unanimously in favor. At approximately 10:35 PM, the City Council reconvened in regular session and took no action regarding the information discussed at the executive session. MOTION made by Jessen, seconded by Smith to adjourn this meeting. The vote was unanimously in favor. Motion carried. The meeting adjourned at 10:35 PM. Edward J. Shukle, Jr. City Manager Attest: City Clerk 3 ~INUTE8 COI, M~TTEE OF THE WHOLE ](,~¢H ~7, ~992 - 7 PH The meeting was called to order at 7:15 PM. Members present: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen, Ken Smith and Andrea Ahrens. Also present: the Economic Development Commission: Paul Meisel, Sharon McMenamy-Cook and Jerry Longpre. Others present were: Bruce Chamberlain, Economic Development Coordinator; Mark Koegler, City Planner; John Norman, Finance Director; Gene Hostetler, Design Team; Jo Longpre, interested citizen; Lori Hamm, "Laker" newspaper; Jerry Clappsaddle, Design Team and Ed Shukle, City Manager. Ed Shukle, City Manager reviewed the Mound Visions Project from its inception. Then he introduced Bruce Chamberlain of VanDoren, Hazard and Stallings and the City's Economic Development Coordinator on the Mound Visions project. Bruce reviewed the project and explained the concept that has been developed by the Design Team and subsequently endorsed by consensus by the Economic Development Commission. Bruce went over an outline on the testing of the concept for the Mound downtown redevelopment study process and reviewed 12 items. The City Council specifically asked questions with regard to items 1-4, which deal with planning, research funding sources/formulating funding assumptions/mix; Lost Lake feasibility and financial feasibility study (how will it work?). The city Manager is to prepare a cost estimate on items 1- 4, to be discussed at the next regular council meeting. The councilmembers each indicated that they were generally supportive of the concept and that they would like to see the concept happen. However, patience is needed because development takes time. The next Committee of the Whole meeting is scheduled for Tuesday, April 21, 1992, at 7 PM at city hall. The meeting was adjourned at 8:45 PM. City Manager ES:is CITY of MOUND 534~ M~,~WOOD ROAD MOUND M ',NESOTA 553E, 4 E'2 4~2 1~55 FAX 612, 472 0620 March 20, 1992 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XVIII It is again time to consider programs for the Community Development Block Grant program administered by Hennepin County. This is the eighteenth year for the program, hence, year XVIII. CDBG funds may be used to support and implement a wide range of housing and community development activities. CDBG funds are federal monies distributed from the Department of Housing and Urban Development to urban Hennepin County. We work with county staff on determining eligibility of programs, technical assistance, etc. For the past seven to eight years, the City of Mound has been involved with the continuing program which involves the Westonka Senior Center and its operation. This center is also funded by the cities of Orono, Spring Park and Minnetrista. In addition to the center, we have been involved with the Senior Citizen Counseling program and Westonka Rides, which is primarily a senior utilized bus program. In addition to the senior center and counseling program, we have also spent money on economic development activities, rehabilitation of private property and assistance to a local domestic abuse program. Neighborhood park improvements have also been performed with CDBG monies. Attached you will see requests from the Westonka Community Action Network (WECAN), Westonka Senior Citizens and Westonka Intervention project. The request from the Westonka Senior Citizens represents a 4% increase over the funds provided by the City in Year XVII. WECAN has requested a reduced amount due to the fact that Year XVII included a housing study which WECAN is currently in the process of completing. Westonka Intervention has requested $5700, which is printed on recycled paper MEMO TO MAYOR AND CITY COUNCIL - CDBG FUNDS YEAR XVIII MARCH 20, 1992 PAGE 2 the same amount they were allocated in Year XVII. We have also allocated $20,000 to the Mound Visions project for our economic development coordinator's time on this project. The remaining balance is for housing rehabilitation of private property. PROPOSED USES OF YEAR XVIII PROGRAM MONIES: SENIOR CITIZENS CENTER/OPERATION $16,698 SENIOR CITIZEN COUNSELING (SUBURBAN COMMUNITY SERVICES) $4,867 REHABILITATION OF PRIVATE PROPERTY WESTONKA INTERVENTION WECAN (WESTONKA COMMUNITY ACTION NETWORK) DOWNTOWN ECONOMIC DEVELOPMENT TOTAL CDBG FUNDS YEAR XVIII AVAILABLE $15,823 $5,700 $7,500 $20,000 $70,588 Attached is a resolution approving the program as recommended above. I am sure that representatives of the three agencies listed above will be present at the March 24th meeting to answer any questions that you may have. ES:is o 0 0 0 0 0 0 o u~ o 0 0 o Z z o o o 0 o 0 z z o 0 0 ~-~ ~ ~0 ~ oo z Z HUBERT H. HUMPtlREY, !ii A'~R NE ¥ GENERAl, gTATE OF MINNESOTA OFFICE OF Tile ATTORNEY GENERAL February 25, 1992 Westonka Community Action Network 5600 Lynwood Blvd. Mound, MN 55364 Re: Annual Report Dear Sir or Madam: This office has received and reviewed the annual report for the year ending May 31, 1991 which was recently filed for the above- referenced charitable organization. All materials have been properly filed as required. Consequently, your organization's registration has been continued pursuant to Minnesota Statutes chapter 309, the Charitable Solicitations Act. Since many grant making organizations and foundations require evidence of registration with this office, we suggest that you retain this letter in your files. Attached is a computer summary of the financial information you sent us. We are sending it to you so that you may check it for accuracy. You may also wish to review the figures and percentages with your board. Your next annual report and financial statement will be due six months after the close of your organization's fiscal year. Very truly yours, ANNE M. HENSELER Legal Assistant AMH: chh Charities Division Telephone: (612) 296-6172 Equal Opportunity Employer Printed on Recycled Paper 3443-03036 WESTONV~ COMMUNITY ACTION NETWORK 5600 LYNWOOD BLVD MOUND, MN 55364 FYE 910531 INCOME PUBLIC CONTRIBUTIONS GOVERNMENT GRANTS TOTAL REVENUE EXPENSES PROGRAM EXPENSES EDUCATION $ 0 SERVICES $ 70,452 RESEARCH $ 0 OTHER $ 0 MANAGEMENT & GENERAL EXPENSES FUNDRAISING EXPENSES AMT. PAID TO AFFILIATES EX£]EJS (DE~'ICIT) PR¢)GHAM EXP. AS A % OF REVENUE FUNDRAISING AS A % OF CONTRIBUTIONS ( ,N¢;I,UDING GOVERNMENT GRANTS) MGMT. & FUNDRAISING AS A % OF REVENUE PROGRAM EXP. AS A % OF TOTAL EXPENS~']S 02-13-1992 $ 48,711 $ 23,760 $ 88,843 $ 70,452 $ 4,174 $ 0 $ o $ 14,217 79.30% 0.00% 4.70% 94.41% OPERATING BUDGET: INCOME: WHHS & CASH tr~nsfer funds McKnight grant, Year 2 (from last FY's deferred revenue for expenses & programs for this-fiscal year) Local contributions ($§,000 of this is from last FY's deferred revenue for expenses & programs for this fiscal year) Community Development Block Grants Meals-On-Wheels service fees Medtronics Foundation grant ($§,000 from last FY's deferred revenue for expenses & programs for this fiscal year) Carolyn Foundation grant Interest earned WeCAN membership dues Loan repayments TOTAL INCOME: EXPENSES: Salaries Health insurance Employer's FICA Unemployment Compensation Workers C ompt~nsation Staff expenses (mileage & parking) Office rent Office phone Printing Supplies Accounting Mailing Equipment & repair Training Property liability insurance Emergency assistance payments Meals-On-Wheels expenses Financial Counseling Program subcontract Food & Nutrition Program subcontract Housing planning project printing & mailing Miscellaneous TOTAL EXPENSES: Beginning balance of undesignat<~d funds Projected total income Projected total expenses current fiscal year (June, 1991 - May, 1992) $28,000.O0 25,00o. co 19,300.00 17,500.00 16,992.00 10,500.00 5,000.()o 1. l 33.00 1,200. 175. o 0 $124,800.00 $32, "'5 O0 2,6!)5 398 2,000 00 3,825 00 2,137 00 3.925 00 3,185 00 3,00O 00 3,00O 00 2,000 00 50O 00 25O O0 40,000 00 17,000 O0 3,000 00 3,000 O0 1,000 00 80 O0 $126,830 O0 $ 3,517.5] 124,800.00 _ 12~;,830.00 ~roje~cted ending balance of undesignated funds ............................ ~ ............ ~_~87.51 ......................... 22LL-/Z__iZi___ Board designated operating reserve 10,000.00 Board designated capital repair & replacement reserw~ 000 O0 Pr__~ected Undes_~ated Funds 3, ............... 1~487.51 ......................... ~2~'~'~ ...... NOTE: Projected amounts of funds in bank at fiscal year's end: $14,487.51 FINANCIAL STATEMENT FOR WeCAN'S LAST FISCAl, YEAR: WeCAN FINANCIAL SUMNAR¥ - JUNE I,__]~9_~..:-MA___Y__~J.j ~991 WeCAN INCOME: Source: Percent: Foundation Orsnts 34% County & Local Governments 27~ l,ocal I)onat~ons & Membership Dues 21% Fees for Service 17% lnterest Earned & Miscellaneous TOTAL INCOME: Amount: $30,000.00 23,759.58 WeCAN EXPENDITURES: I tern: Direct Payme~ts to Families in N,:ed Families Administration 18,809.33 15,085.25 TOTAL EXPENDITURES: Surplus 100% $88,842.77 WeCAN BALANCE SUMMARY: JUNE 1, 1990 - MAY 3l, 1991 Beginning Fund Balance: Total Income: Total Expenditures: Ending Fund Balance: $37,300.78 $88,842.77 $74,626.04 ~[16,517.51 Board Designated Operating Reserve for Next Board'Designated Capital Repair & Rep]acement: Undesigha'ted Funds: Fi.~c:t I % ,,ar' 000.00 000. O0 NOTE: $35,000 of liability for deferred revenues for ,,cxt year's expenses and programs include a $25,000 second year McKnigh Foundation grant, $5,000 Medtronics Foundation grant &Nutrition Program, and $§,000 of local contribution fun,is f()r th, Emergency Assistance Program. Amount of funds in bank at fiscal year's end = $51,517.51 RESOLUTION NO. 92 - RESOLUTIONAPPROVING THE PROPOSED PROGI~M FOR YF.,~R ~III URB~ HEI~EPIN COUNTY COI~UNITY DEVELOPHENT BLOCK ~I~.NT (CDB~) FUNDS ~ND AUTHORIZIN~ ITS SUBMITTAL WHEREAS, the City of Mound, through execution of a joint cooperation agreement with Hennepin County is a cooperating unit in the Urban Development Block Grant Program; and, WHEREAS, the City of Mound has developed a proposal for the use of Urban Hennepin County CDBG Funds made available to it; and, WHEREAS, pursuant to notice being given, a public hearing was held in accordance with title I of the Housing and Community Development Act of 1974, as amended, on March 24, 1992, at 7:30 PM, in the Mound City council chambers; and, WHEREAS, the following proposed use of Community Development Block Grant funds was developed and presented at the public hearing consistent with program rules: Senior citizens Center/Operation Senior citizen Counseling (Suburban Comm. Services) Rehabilitation of Private Property Westonka Intervention WECAN (Westonka Community Action Network Downtown Economic Development Total CDBG Funds Year XVIII Available $16,698 4,867 15,823 5,700 7,500 20,000 $70,588 that the City Council, NOW, THEREFORE, BE IT RESOLVED, City of Mound, Minnesota, approves the use of the Year XVIII Urban Hennepin County Community Development Block Grant funds as listed above and authorizes submittal of the above proposal to Hennepin County for review and inclusion in the Year XVIII Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: city Clerk NOTICE ia h~ oivefl ~ 1he City 04' ~.~. ~u~ houleholds; (3) NEIGHBORHOOD plrlo~l; I.d (7) REUOVAL OF ~1 U~ ~ ~ ~ ~ TOTAL ' 70,~ ~e City d Mound, $341 I~ -_y~_ _~, Mound, MN. 55364. 472-115s Wn County C)~,c~ of P~anning ~t 348-6418. Fr~ C. ~, Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he i~. an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied wilh all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed .... // which is attached Was cut from the columns of said newspaper, and was printed and published once each week fo. / _successive weeks: It was first published Mo~. the .. ~ day of ///~/~//~/ ,9q'.__~' and was thereafter prinlec~ and published every Monday, to and including Monday. the ~ day of 19__; I Subscribed and sworn t~m/e on this ~"~'_ day of /.//(/~/,)/,/~ , 19~,.~' . By: ,c/~/ Notary Public Rate Information (I) Lowe~ ~ rate pai~ by ~ommerdal use~ ~ oompar. (2) Maximum rale alowed by law tot above m.~,~__: $10.7S. (3) ~ mGlua~/dwged kw W3ve ma.er: $5.e4 pM Inch. SENIOR COMMUNITY SERVICES 1600 South 2nd Street, Hopkins, Minnesota 5,5343 933-9311 Fax 933-2101 BOARD of DIRECTORS Wslter Leve~iue President Tom Ticen 1st Vice President Bob Miller 2nd Vice President Linde Stokes Secreta~/ Carla Pavone Treasurer John Bleeer Pest President Derelyn Peifer :ber-et-Large an Schroeder Member-et-Large Toni Anderson Kart Daneky Robert DeGhetto Alison Fuhr Merty Ourltz Commissioner Tad Jude Leonard Kopp Connie McCullough John Nelson Senator Gan Olson Steve Rood Russell Weinsteln Bob Zageros Benjemim F. Withhert Executive Director & C.E.O. QUA United Way pported Agency February 11, 1992 Mayor Ferner (Skip) Johnson and Council City of Mound 5341Maywood Road Mound, MN 55364 Dear Mayor Johnson and Council Members: Senior Community Services is requesting $21,565 for the 1992-93 fiscal year from the City of Mound's share of Community Development Block Grant (CDBG) Year XVIII (July 1, 1992 - June 30, 1993) funds to support the Westonka senior programs and services. This amount reflects a 4% cost-of-living increase over the funds provided by the City for the current fiscal year ($20,736). Senior programs and services include the operation of the Westonka Senior Center, coordination and operation of the Westonka Rides transportation program, and outreach and case management to frail elderly individuals in the community needing assistance. Senior Community Services strives, in all its programs, to help people maintain their independence in their respective communities for as long as possible. If there are any questions, or you would like to have our staff discuss any of our services, please let me know. On behalf of the many elderly who benefit, thank you for your support of the programs. We look forward to continuing cooperation between the City of Mound and Senior Community Services. Sincerely, .~.._~--~ -.,, ( .~ ~/j~.in F. NJ.thhart ~xecutive Director cc: Ed Shukle Jr., City Manager YEAR END REPORT FOR WESTONKA INTERVENTION FOR PERIOD MARCH 1991 - FEBRUARY 1992 VICTIM STATISTICS: MARRIED WITH CHILDREN 19 MARRIED WITHOUT CHILDREN 4 SINGLE WITH CHILDREN 9 SINULE WITHOUT CHILDREN 8 PARENT/SIBLING 7 OTHER: HOUSING, FOOD, LEGAL AID 6 TOTAL 53 ANONYMOUS 3 REPEAT CALLS 14 TOTAL 17 GRAND TOTAL 70 Although 70 victims have been helped through Westonka Intervention, it must be remembered when reviewing these statistics that ongoing support is a very necessary part of the program and advocates may work with victims for several months. With this support, our clients are able to change their situation and 8tart to live healthier lives. Westonka Intervention serves the communities of Mound, MinnetrisLa, St. Bonifacius, Orono, Long Lake and Spring Park - approximately twenty thousand people. This community based non- profit organization has been in existence since November of 1985. It has a board of eleven members and seventeen volunteers. The ele',-n board members are as follows: Craig Anderson/Rob Meuwissen %St. Boni - Minnetrista Police Dept. Minnetrist~, MN 55364 Rhonda Eurich St. Bonifacius, MN 553'75 Patti Guttorumson Spring Park, MN 55384 472-2141 · P.O. BOX 34 · MOUND. MINNESOTA 55364 Len Harrell/Brad Roy ~Hound Police Department Mound, MN 55364 Dan Hessburg Minnetrista, MN 55364 Jay Petersen Mound, MN 55364 Rosemarie Snyder Mound, MN 55364 Connie Stahlbusch Mound, MN 55364 Rev. Michael Tegeder Mound, MN 55364 Barb Thomford Mound, MN 55364 Joan Underwood Spring Park, MN 55384 This request for CDBG Block Grant of $5,700.00 is made so that Westonka Intervention can continue serving the Westonka area. PROBLEM STATEMENT Violence is a fact of life in Minnesota and violent crimes are on the increase. The State Department of Corrections estimates that 65,000 domeqtic assaults occur in Minnesota annually. No community is exempt from violent crimes, but prevention/intervention programs that exist within a community according to the League of Women Voter's Study on Domest.ic Violence, April 1990, "appears to be ideal venues for responding to individuals who have been violent or at risk for violent behavior." Due to the demographics of the area, surrounded by lakes, the area is not easily accessible. This makes it difficult for county funded programs to service the area. Child protection workers, and the two closest shelters were not adequately servicing the area because of the long distance to travel. In fact, the West Hennepin Human Services Planning Board found that the area is in dire need of social services including the area of domestic violence. Westonka Intervention, a local community based program, was created as a response to this need. PROGRAM OBJECTIVE The objectives of the program are to increase the communities' awareness of the problems of domestic violence, to provide victims with access to support, and decrease numbers of repeated domestic violence. People are often not aware that domestic violence is an ongoing cycle that will keep reoccurring until there is an intervention. Once they understand that there is a way to arrest the problem or reduce the incidences, they will ask for help either for themselves or others. Batterers need specific treatment for their abusive behavior. "Abusive behavior is like alcoholism," according to Chuck Switzer (a former batterer) who's wife M'Liss is the author of CALLED TO ACCOUNT. He says, "It gets progressively worse. The beatings get mere intense and they occur more often." Victims of domestic violence develop a very low self-esteem and begin to think there is now way out of the abusive situation. With support and encouragement, they are able to begin better lives for themselves. The most dangerous calls for police are domestics. Domestics can lead to murder and suicides. "If an abuser doesn't get treatment, sooner or later he/she ends up permanently maiming a person, killing someone, or killing him/herself," says Chuck Switzer. Reduced calls to a residence lessens the danger for police. Advocates aid our police by taking over where the police are unable. It is difficult for a police officer to drive a victim to a shelter or hospital, and to tell the victims of his/her legal options, when they are on call and are short of time. METHODS When the police departments make an arrest in a domestic assault call, the police dispatch calls the primary volunteer crisis advocate on a beeper. The primary advocate contacts his or her partner and they then go to the home of the victim to offer support, safety, and legal options. The advocate is trained to provide key information and assist the victim through the process of prosecution. The advocate gives continued support whether an Order of Protection is obtained or not. Whenever possible, the assailant is also informed of the consequences he or she now faces and the treatment programs available to help them to change their behavior. Instructions when receiving a call from the police departments are specific: (Weekdays between the hours of 5:00 p.m. and 8:00 a.m. On weekends from Friday at 5:00 p.m. through Monday morning at 8:00 a.m.) 1. Officer makes an arrest based on probable cause. 2. Officer calls beeper number. Advocate calls officer after beeper goes off. 4. Police identifies himself/herself and briefly describes the situation giving the name, address, and telephone number of the victim. If no arrest has been made, or if there is a substance abuse, advocates will arrange for a more appropriate meeting time and place. The crisis telephone is available between the weekday hours of 8:00 a.m. through 5:00 p.m. The police chiefs have ~ommitted their departments to this intervention process. The police response includes: Clear departmental guidelines on arresting when probable cause exists; contacting Westonka Intervention when an arrest is made; referring victims to the project even if an arrest has not been made. Westonka Intervention arranges child care and transportation whenever necessary in order to maximize the accessibility of court services for victims. The project will escort victims and offenders to support groups. Arrangements and transportation to shelter, hospitals and housing is also provided. Volunteers contribute their time to Westonka Intervention in other ways besides being crisis advocates. A volunteer manages the crisis hotline daily from 8:00 a.m. to 5:00 p.m. Trained volunteers speak to local groups and organizations. A volunteer coordinates the monthly advocate schedule making sure the schedule flows smoothly and victim record sheets are being sent in. This volunteer keeps close contact with each advocate offering help. where needed. CONCLUSION Since 1984, Westonka Intervention has assisted 549 victims of domestic violence. This has been possible due to many volunteers and the continued support of the cities Westonka Intervention serves. This commitment not to accept violence as a fact of life in our communities, but to help men, women and children to lead more productive lives has allowed Westonka Intervention to continue to serve our community members for the past 6 years. Westonka Commumty Action Network · Emergency Assistance .Meals mW,heels .Referrals ~ Lyn~x:~ Blvd. Mound. MN 55364 ~612) 472-0742 SERVICE AREA Greenfield Independence Loretto Maple Plain Minnelonka Beach Minnetrista Mound Rockford Spring Park St. Bonifacius Tonka Bay Western Orono Harch 4, 1992 Mayor and Councilmembers of Mound 5341Maywood Road Mound, MN 55364 Dear Mayor and Councilmembers of Mound, Westonka Community Action Network (WeCAN) requests $7,500 from Community Development Block Grant Year XVIII funds from the City of Mound to help cover WeCAN's operating costs. We take this opportunity to let you know what we have accomplished over the past year with your help and to give you a little more information about our group. WeCAN is a community-based, nonprofit organization, dedicated to helping low-income people achieve greater self-sufficiency. WeCAN provides a wide variety of services to low-income residents in southwestern Hennepin County. We provide emergency financial assistance, budget counseling, nutrition education, meals-on-wheels, community planning for affordable housing, and operate a time-share human service center, where we arrange for other essential services, such as, public assistance intake services, family and individual counseling, and energy assistance application services. We enclose additional information about WeCAN in the attached packet. Thank you for your help in the past. One of our Boardmembers or I will be at your March 24th CDBG public hearing to make a short presentation about our request. Please call me at 472- 0742 if you would like any additional information or if you would like to meet to discuss this material in greater detail prior to your hearing. Sincerely, Kiki Sonnen WeCAN Director GREEISFZELD YeCAN SERVICE AREA Greenfield 1,450 Loretto 404 Independence 2,822 Haple Plain 2,005 Hound 9,634 Hlnnetrista 3,439 Htka. Beach 573 - 1990 Populations Rockford 2,665 Spring Park 1,571 St. Boni 1,180 Tonka Bay 1,472 Orono 7,285 TOTAL: 34,500 I~DEPEi ORONO ~EDIMA I I I I I SIN~ETRISTA I L~ ~J ~eCAN SERVICES & PROGRAH8 D~SCRIPTIONS: Over the past 17 months, WeCAN has built an impressive array of services. These services and programs include: Delivery of emergency assistance services to Families in need or crisis. Expansion and improvement of our existing Meals-on-I{heels program to older adults and the homebound. Providing financial and budget counseling for res/dents under contract with the Mi nm.sc, t.a f'ounael lng $orvie. e. [ow- i n,'ome [:inane. ~ a I Providing food and nutrition educationa] s,'r~ir,.,s, which mat~.l~ ~in~l,'-paren~s w.ith seniors, undo1. ~'nnt rar, I. Univer.~ity of Minnesota's Extension Serv~¢-c. Community planning for affordable housing. Providing public assistance intake application s~,rv arrangement ~ith Hennepin County Economic Assistance. Providing energy and fuel assistance in arrangement ~ith ~{cst Hennepin Human Services Planning Board. Providing family and individual counseling in arrangrment Pyramid Mental Health Center and Relate Counseling Conter. Co-sponsorship of the Westonka Food Shelf and Pennvwise Clothing Shelf. ' Co-sponsorship of New Beginnings, which provides social outings for young adults ~ith developmental ,tiaabiliLies. WeCAN SERVICES & PROGR~MS DELIVERED TO OUR COMMUNITY: WeCAN's programs and services have benefitted 826 low-income households in 1991 and our projections show that services will benefit 1041 households this year in 1992. The comparison of 1991 statistics to projections for 1992 shows a 26% increase in the number of households served. The following is our summary of service statistics, which provide more details on the numbers of households served and projected to be served in the future by WeCAN's programs. 1991 SERVICES: Emergency assistance: $27,159 in vouchers issued to 218 households (27! children, 19 seniors in these households). Meals-On-Wheels: 6,681 meals delivered to 68 households. Energy Assistance: $90,756 in fuel & utility payments made for 282 households. Public Assistance application services provided to 148 households. Mental Health Counseling: ~16 hours of family and individual mental health counseling provided to an estimated 70 households. Food & Nutrition Education: 84 .hours of classes provided to 32 households, including 18 single parents and 14 seniors. (Service began July, 1991.) Financial & Budget Counseling services provided to 8 households. {Service began Nov., 1991.1 TOTAL HOUSEHOLDS SERVED: 826 PROJECTIONS FOR 1992 SERVICES: Emer~ncy assistance: $35,000 in vouchers to 250 households. Meals-On-Wheels: 7,300 meals to be delivered to 75 households. Energy Assistance: $100,000 in fuel & utility payments for 300 households. Public Assistance application services to be provided to 184 households. Mental Health Counseling: 500 hours of family and individual counseling, to an estimated 90 households. Food & Nutrition education to be provided to 70 households, 35 of which will be single parent households and 35 senior households. Financial & budget counseling to be provided to 72 households. TOTAL PROJECTED HOUSEHOLDS TO BE SERVED: 1041 Westonka Community Action Network Newsletter Neighbors Helping Neighbors Winter, 1991-92 Here's what WeCAN has accomplished... As you know, the recession this year has made 1991 a very difficult year for many families in our commu- nity. The good news is that, thanks to you, WeCAN has been able to help many of these families make it through the hard times. ,/' Our latest figures (for our fiscal year ending May 31, 1991) show that WeCAN provided emergency assis- tance to 182 community households, directly helping 427 individuals, OhCluding 254 children and 20 seniors. is assistance was for help with rent, utilities, food and transportation for families in need or in crisis. t~' Our Meals-On-Wheels volunteers delivered 4,894 hot, nutritious meals to 55 households throughout the commu- nity. ,~' The West Hennepin Energy Assistance Office (a part of our time- share office) provided primary heat and crisis assistance to 275 households in our community for a total amount of $90,756. ~ The Westonka Foodshelf (which we co-sponsor) served over 1,000 households with emergency food. ~ The Penn)wise Clothing Shop (which we also co-sponsor) served hundreds of area residents with Iow- cost (or free) clothes, household supplies and toys. This year we also began offering several new services designed to help individuals and families in need get ' lives back on track, and get out )m under crisis and poverty condi- with your help! individual and family counseling services to Westonka residents in our office. ~ This fall, we began to offer food and nutrition classes and financial counseling to area residents out of our offices. For many, 1991 will be remem- bered as a hard year. But thanks to the support of many of you, it wasn't as hard as it might have been. Everything isn't rosy. We are still in the middle of a recession. There are still tired, hungry, frightened children living in our midst. There are still families in pain. But it isn't all bad news. We have made a difference...and it is important to remember that. We have had our successes...and we will have more in the years to come. Thank you for your help. We couldn't have done it without you. ~ Starting last January, Pyramid Mental Health Center and Relate Counseling Center began offering WeCAN's OCTOBER 24TH ANNUAL MEETING FEATURED A HUMAN SERVICES FAIR, with over 20 social service agencies and programs displaying information about their services. Here Phyllis Je~sen, Margaret Holste and Kiki Sonnen are pictured greeting the §0 people who attended WeCAN's Annual Membership Meeting. Participants at the meeting heard about WeCAN's accomplishments over the past year, learned about the range of services available to area residents, and elected WeC~.N's Board of Directors. This holiday season...support our community's families in need and crisis Neighbors helping neigh- bors. That's how we like to think of WeCAN. Chances are you know someone in our commu- nity who needs a helping hand. Perhaps even you could use a little help, a little encouragement, a little under- standing every now and then. It is amazing how a little help at a critical time can make aH the differ- ence in the world to a person in need. Won't you help us be there for our neighbors, and yours? Please share what you can. All donations are tax deductible. And every dollar helps build a happier, healthier community for you and your family. Please send your check to: WeCAN 5600 Lynwood Boulevard Mound, MN 55364 A personal story How WeCAN helps older adults Hot meals and friendly smiles are snowdrifts after theHalloween storm home-delivered to local older adults through WeCAN's Meals-On-Wheels program. The hot meals nourish the body. The friendly smiles nourish the mind and soul. For the past 17 years, WeCAN's Meals program has delivered noon dinners to seniors and homebound people with disabilities in the Westonka and Maple Plain area. Recently the family of Ethel and Joseph (not their real names) called us to begin delivering meals to this homebound couple in western Inde- pendence. Ethel and Joseph want to continue living in the comfort of their rural farm home as long as they can. But Joseph has Alzheimer's disease, and Ethel has just had a mild stroke. WeCAN's Meals-On-Wheels program now provides hot noon dinners Monday through Friday to this couple. Our dedicated volunteer drivers even made it through the icy to bring them their meals. Senior Services is also working with the family to arrange home health care and social services so the couple has help arrang- ing for their other needs. Ethel and Joseph represent an emerging need in our community. Older adults and the homebound in the Corcoran-Loretto-Greenfield area, and parts of Independence are not currently served by a Meals-On- Wheels program. WeCAN is now working to expand our Meals-On- Wheels to this area. But we need your help. WeCAN needs your donation to make this expansion happen. We- CAN needs new volunteers who are willing to deliver dinners to the seniors living in the expansion area. With your help, we can make sure ali seniors, no matter where they live, have access to hol meals and friendly smiles. WeCAN volunteer profile Barb Thomford's volunteerism sparks community services Barb Thomford may be retired from 10 years as head secretary for Westonka Community Services, but she still serves our community with thousands of hours of volunteerism each year. Barb was one of the founders of Westonka Community Action Network, and put in long hours of community planning and fund- raising to get WeCAN off the ground. Volunteer Barb Thomford Barb remains active with WeCAN by serving as on6 of the board of directors and volunteering her time on WeCAN's emergency assistance program. In addition to interviewing people applying for emergency assistance, Barb prepares WeCAN reports and receipts for the county on our emer- gency services. Barb also volunteers her time for Westonka Intervention, which helps battered women go through the court process of getting orders for protec- tion. Recently she was elected as their new President. She is working on grass-roots fund-raising efforts, such as bridge tournaments, to build a women's shelter in the Westonka area. Barb's volunteer service also includes working for the Friends of Westonka Library, and preparing braille books through a committee from Mt. Olive Church. WeCAN elects new Board of Directors Participants at WeCAN's Oct. 24th Annual Membership Meeting elected 21 Board Members. Elected to the three-year terms were Margaret Holste OVestonka School District social worker), Lea Harrell (Mound police chief), Rosemarie Fabrega- Snyder (businesswoman), Steve Harpestad (community leader), Bob lverson (Good Shepherd pastor), Jerry Pietrowski (Mound Marquette Bnnk vice president), and Michael Tegeder (Our Lady of the Lake pastor). Elected to two year terms were Dale Woodbeck (businessman), Craig Anderson (Minnetrista and St. Boni police chief), Tom Gamble (business- man), Val Hessburg (Westonka Intervention coordinator), Irene Jezorski (Meals-On-Wheels coordina- tor), Marilyn Reger (Mt. Olive's Social Action Committee), and Barb Thomford (community leader). Phyllis Jessen (Mound City Council member), Mary DeVinney (Food Shelf coordinator), Jeanne Gelinas OVestonka librarian), Mary Hurley (Adult Basic Education program manager), Val Magnus (Pennywise Clothing coordinator), Richard $chieffer (Johnson & Wood attorney) and Bob Tomalka (retired businessman) were elected to one-year terms. Volunteers make it all possible! Without volunteers WeC,4N couldn't operate. We have volunteers who answer phones, interview clients, raise fund. v, deliver Meals- On- Wheels and much more. If you are interested in becoming a volunteer, call WeCAN at 472-0742. WeCAN begins hew Financial & Budget Counseling Program WeCAN has begun offering people with low incomes financial and budget counseling. This service provides individualized, confidential help in managing bills, getting more out of your available income, and learning how to prioritize your spend- lng. The counseling is provided by professionals from the Minnesota Financial Counseling Service. This new WeCAN program is made pos- sible by a grant from the Carolyn Foundation and local donations. Financial and budget counseling can help people gain a better under- standing of how to regain control of their financial situation. Budget counselors work with each person to identify ways to better use their income, control their expenses and get out of debt. WeCAN offers new ~lasses--"Holiday Cooking on a Budget" WeCAN has a new and exciting food and nutrition course underway: "Holiday Cooking on a Budget." Single parents, matched with seniors, learn how to stretch the family's food dollar during the holiday season. Subjects include foods in season, preparing a traditional turkey dinner, nutritious use of leftovers, baking holiday girls, entertaining on a Personal profile WeCAN officer is business owner and active community member Dale Woodbeck volunteers his time as secretary for WeCAN's 21- member ~: Board of Directors. He has WeCAN Secretary served as WeCAN's Dale Woodbeck Vice President for several years and also volunteers as West Hennepin Human Service Planning Board's chairperson. In 1989 Eric Gustavson, St. John's Lutheran Church, and Lois Gunderson, West Hennepin, encouraged Dale to become involved with WeCAN. in the past two years, Dale has helped move WeCAN from our start-up to our current growth phase. As an officer for WeCAN, Dale oversees the operations of the organization, plans for the future and sets policies. He also volun- teers his help in fund-raising for WeCAN so that we can continue to respond to the community's needs. Dale lives in Orono with his wife, Ann, and their sons, 10-year- old Josh and 4-year-old Sam. Dale · owns a plastic injection molding company, Formative Engineering, in Lester Prairie. He enjoys coaching youth soccer and playing racquetball and basketball. budget, festive ethnic foods and making your New Year's resolutions on healthier eating and wiser budget- ing work all year. The class instructors are nutrition professionals from the University of Minnesota Extension Service's Ex- panded Food and Nutrition Program. WeCAN's Food & Nutrition project is made possible by a grant from the Medtronics Foundation and local donations. WeCAN Board Members and ,food and nutrition clazs t~,nicipants prepare to serve a turkey dinner for 43 community residents, local public officials and private foundation representatives. Services provided by WeCAN Emergency assistance in times of crisis. Community planning for affordable housing. Co-sponsorship of the Westonka Food Shelf. Operation of the Westonka Meals-On. Wheels program for seniors and the homebound. Operation of time-share Human Service Center .for: ~) County's public assistance intake ~ Pyramid Mental Health Center (~ Relate Counseling Center Food & nutrition classes Budget&financial counseling 7~)~ BOARD OF INRECTORe: Pm~d~t M~rg~rM HolM~ School $oc~1 Worker V/ce Pm~dent Tom Q..mble Loc~d Bu=ln,~n Trea,urm. Len Herrell Mound Police Chief S~cr~ Dale Wo~Jbeek Local Buslnessn~n ~ & St Bom Police Chief We~onka Food=helf Coordinator Ro~m~ F~b~-~nyd~r Commun~y V~ ~ C~ C~m~r C~ Vo~n~ vd ~ W~ ~M~ Pro~ C~rdln~r M~ H~ W~ ~u~ ~ Edwin ~ager ~, ~ S~d Chur~ V~I ~ ~n~ Cbm~ ~d~ ~ ~ ~ ~ Com~ R~ ~ ~. ~ ~ ~ ~ ~ke Chur~ C~n~ V~n~ ~n~ Vo~n~ Newslel~- I~OdUCliOn: M,ry Br-¢ho Even/Monday Even/Tuesday Even/Tuesday Even/Tuesday Even/Tuesday Thumday, Dec. 12 Tuesday, Dec. 17 Thumday, Jan. 9 1-4 p.m. 9:30 a.m. & 1 p.m. 8 a.m.-4:30 p.m. 1-5 p.m. 1-3 p.m. 3:30 p.m. 6:30 p.m. 3:30 p.m. Financial & Budget Counseling Food & Nutrition Classes- 'Holiday Cooking on a Budget' Public assistance intake applications Family & Individual counseling Energy & Fuel Assistance WeCAN Board Meeting WeCAN & United Way meeting on 'Responding to Community Needs' WeCAN Board Meeting Note: WeCAN o~m will be cfo$~d for the holiday~: Dec. 24-25; Dec. 31-Jan. 1 ~nd Jan. 20 (Maudn Luther King D~y). What WeCAN is all about... WeCAN is a community-based human service organization dedicated to enabling people with Iow incomes achieve greater self- sufficiency. WeCAN provides emergency assistance to families in crisis, meals-on-wheels to seniors and the homebound, community planning for affordable housing, food and nutrition classes, and budget and financial counseling. WeCAN also operates a time-share human service center providing energy assistance, public assistance intake services, and family and individual counseling. Serving the communities of: Roc~otm LoRg'~ro ~NO ~~STA SP~G P~ To~ B~Y Mo~ ST. BO~A~s Westonka Community Action Network 5600 Lynwood Boulevard Mound, MN 55364 Non-Profit Orgll US POSTAGE PAID Permit No. 131 Mound, MN PROPOSED RESOLUTION #92- RESOLUTION TO APPROVE A VARIANCE FOR LOT 6, BLOCK 11, BETON, PID #19-117-23 21 0028 4608 KILDARE ROAD P&Z CABE NUNBER 91-055 WHEREAS, The applicant has applied for the following variances: 726 square foot lot area, 10 foot front yard setback, 9 foot rear yard setback, and 15 foot frontage on an improved public street, and; WHEREAS, The applicant is proposing to construct a single family dwelling with an attached garage, and; WHEREAS, The subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for "Lots of record," and a 15 foot rear yard setback, and; WHEREAS, The proposed dwelling will meet the required 50 foot setback from the Ordinary High Water Elevation, and; WHEREAS, There is an unimproved platted right-of-way, Black Lake Lane, between the subject property and the shoreline to Lake Minnetonka, and Kildare Road is not improved in its entirety extending to the lake, therefore the subject property is surrounded by undevelopable open space, and; WHEREA~the_ .t.ime .t_h.e a ' 'the subject property it was assu~property had 6,000 square feet in lot area, _and- ~-~ WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a 726 square foot lot area variance, a 10 foot front yard setback variance to the required 20 foot setback, a 9 foot rear yard setback variance to the required 15 foot setback, and a 15 foot street frontage variance to the required 40 feet of frontage on an improved street, to allow construction of a single family dwelling at 4608 Kildare Road, upon the following conditions: ae That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. Proposed Resolution Page 2 Case No. 91-055 be The deficient street assessment in the amount of one unit charge at $1,170.90 must be paid at time of Building Permit issuance. The charge of $318 for 40 L.F. is to be waived. Ce The sanitary sewer service from Lot 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for Lot 6. de Private easements running to Lot 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a single family dwelling with an attached garage per the attached Exhibit 'A'. This variance is granted for the following legally described property: Lot 6, Block Il, Seton, PID #~9-~7-23 2~ 0028. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. k~rRIBIT ~A~ MINUTES OF ~ MEETIN~ OF THE ~OUND ADVISORy PLANNIN~ COI~ISSION NARCH 9, CASE NO. 91-055: WILLIAM VOSS, 4608 KILDARE LANE, LOT 6, BLOCK 11, ~ETON, PID ~19-~17-23 21 0028. VARIANCE._ City Planner, Mark Koegler, reviewed the applicant's request for a variance to allow construction of a new dwelling on an undersized lot with inadequate street frontage. In addition, setback variances to the front and rear are being requested. .The requested variances include the following: ~ Variance Lot Area 6,000 sf 726 sf Front Setback 20' 10' Rear Setback 15' 9' Frontage 40' 15' Koegler recommended approval of the variances due to the size and shape of the lot, both of which are criteria listed in Section 23.506.1 of the Mound Zoning Code, upon the following conditions: 1. All setbacks shall be established on a site plan drawn by a registered land surveyor. Said site plan drawing shall accompany the building permit application. 2. A 50 foot setback shall be observed from the ordinary high water line of Lake Minnetonka. This setback shall be shown on the site plan reference in item #1 above. Mark Koegler also reviewed a recommendation from the City Engineer. The situation relating to the sewer and water services for lots 5 and 6 was explained. The sewer service for Lot 5 crosses Lot 6 in the area of the proposed house. The water service for Lot 5 crosses Lot 6, but will probably not interfere with the proposed house construction, this will need to be determined by exposing the line. The deficient street assessment was explained. The City Engineer recommended approval of the variance upon the following conditions: That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. The deficient street assessment in the amount of $1,488.90 be paid (one unit charge at $1,170.90 and 40 L.F. at $318.00). The sanitary sewer service from LOt 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for LOt 6. Pl&nnLnq CommLs. Lon M~nu~e~ N&rch 9, 1992 Private easements running to Lot 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. Mueller questioned the difference between the lot size variance for the parcel in the Three Points area and this parcel. It was noted that this parcel abuts two unimproved streets that abut the shoreline which emphasizes the amount of open space for this parcel. Mr. Voss commented that when he purchased this parcel he was under the assumption that it met the 6,000 square foot lot area requirement. The Commission questioned if the street assessment charge of $318.00 for 40 L.F. is necessary. MOTION made by Clapsaddle, seconded by Hanus to recommend approval of the variance as requested with the conditions as listed in the City Planner's report and the City Engineer's Report, with the exception that the $318.00 street assessment charge be waived since the Kildare will not be improved and the applicant will be installing a driveway to meet specifications recommended by the City. Approval is also recommended due to the fact that the owner was under the assumption the parcel was 6,000 square feet at time of purchase and there is open space between the subject parcel and the lakeshore with the unimproved streets. Motion carried unanimously. This case will be heard by the City Council on March 24, 1992. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North. Plymouth, Minnesota 55447 March q, 1992 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors Mr. Jon Sutherland Planning and Zoning City of Mound 53ql Haywood Road Mound, Minnesota 5536q SUBJECT: Variance Application - q608 Kildare Road Case #91-0055 MFRA #8902 Dear Jon: As requested we reviewed the above mentioned variance application and have the following comments and recommendations. Greg Skinner and his personal have spend considerable time attempting to determine which water and sewer services in Kildare Road are already connected to the house on Lot 5 and which if any are unused. From the information available, it appears that Lot 5 was originally assessed unit and lateral charges, but never paid for a sewer service. When the home on Lot 5 was connected to the sanitary sewer they used the service paid for by Lot 6, which connects to the manhole at the end of the sewer main in Kildare Road. It appears this sewer service crosses Lot 6 in the area of the proposed house. The original construction plans show a service installed on the main in Black Lake Lane that was probably intended for the home on Lot 5, except it is too high to be used as a gravity connection. There are two water service curb boxes on Kildare Road, the westerly one, of which serves the existing house on Lot 5. As with the sewer service, this water service also crosses Lot 6, but it may not interfere with the proposed house construction. This would have to be determined by exposing the line which could be accomplished when the sewer service is relocated. The other item we have reviewed is the question of frontage on an improved street. Kildare Road was improved with concrete curb and gutter and bituminous paving in 1978. As the survey shows the curb and gutter on this portion of Kildare Road ends approximately 10 feet short of the westerly property line of Lot 6. The remaining blacktop was installed at a narrower width, primarily to provide access to the sanitary sewer manhole. Lot 6 was assessed an area square footage charge to cover storm sewer constructed as part of the street improvement project, but was not assessed aunit or front footage charge for two reasons. First, the full width street did not extend in front of Lot 6 and secondly, the assessment policy in force at the time did not permit assessing undersized lots. ~"~(~ An Equal Opportunity Employer Mr. Jon Sutherland March 4, 1992 Page Two If the variances are approved to make Lot 6, Block 11, Seton a buildable parcel, we suggest that the following conditions be considered as part of that approval: That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. The deficient street assessment in the amount of $1,488.90 be paid (one unit charge at $1,170.90 and 40 L.F. at $318.00.) The sanitary sewer service from Lot 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for Lot 6. Private easements running to Lot 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. If you have any questions or need additional information, please contact US. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry CITY of MOUND 534~ MAYWOOD ROAD MOUND M~NN E S,C, TA 6~2, 472 ~155 FAX (612 472 0620 January 6, 1992 TO; FROM; SUBJECT; Jon Sutherland Building Inspector Greg Skinner Water & Sewer Supt. Sewer Service for Lot 6, Blk. 11, Seton The sewer service for Lot 6, Block 11, Seton is currently being used by the existing house on Lot 5, Block 11, Seton. Lot 5, Block 11, Seton has not been assessed for a sewer service, therefore Lot 5, Block 11, Seton will have to make some arrangements with the owner of Lot 6, Block 11, Seton for a sewer service. The water for Lot 5, Block 11, Seton runs thru Lot 6, Block 11, Seton. There is a separate water service for Lot 6, Block 11, Seton. CC: BILL VOSS MARK KOEGLER printed on recycled paper IIINUTES O~ A HEFT ! NG OF TH[ HOUND ADVi~Y P~ANNING COJ~HISSIO~ Noveni~r 18. 1991 Case No. 91-055~ ~lllli~m Voss~ 4608 K!lc~re I1~ Seton. PlO #i9-117-23 21 0028. VARIANCE. Due to an obvious conflict of interest, Commissioner Voss removed himself From the board for this case. Building OFFicial, Jon Sutherland, reviewed the City Planner's report. The applicant is requesting variances to cOI3struct a new single-family residence on a vacant lot of record. The variances being requested include: Lot Area 72G square fe~ Front Setback 10 Feet Rear Setback 9 feet Frontage on an Improved 5treat !0 Feet Staff recommended that the Planning Commission recon~3t~nd approval of the lot area, Front setback, rear setback, and street frontage variances as noted above, subject to the following conditions: All setbacks shall be established on a site pi afl drawing by a Registered Land Surveyor. Said site plan drawing shall accompany the building permit application, ~ A 50 Foot setback shall be observed From the oPdlnary high water line of Lake Minnetonka. This setback $1~11 be shown on the site plan referenced in item #1 above, The variances in the case are granted due to the s~e and shape of the lot, both of which are criteria listed in Set. on 23,506.1 of the Hound Zoning Code. ! The Building OFficial added a comment regarding ut~ltles. The Sewer and Water Superintendent has reviewed this~'~roperty and pointed out that Lot 5 may require an easement and s~ne coordina- tion between the neighbor and Mr. Voss. The City ~ngineer has not reviewed this request yet, however, this could be resolved prior to this case going to the City Council, Mueller expressed a concern about the size Of the proposed dwell- ing and the amount of lot coverage proposed. He also conxnented on the loss of the neighbors lake view. The amount of Frontage on an improved street was addressed and there was some controversy between staff and the applicant. The applicant stated that the road is actually paved further than shown on the site plan, even though there ts dirt and grass on the paved portion which Is not used, it was questlonecl if a lot Frontage variance is needed, Voss also noted that he understood there was more than 6,000 square Feet of lot area, The Building Official commented that the surveyor verified the lot area at 5,2?4 square feet. Voss would like to confirm this figure. Mueiler expressed a concern about the site plan showing the proposed dwelling location, some of the Figures do not seem to be correct, He suggested a surveyor locate the proposed dwelling on the lot. Hanus suggested that the ordinary high water elevation also be shown. HOTION made by Michael, seconded by Hueiler to t~ie the request until the applicant can verify the lot area, stree~ Frontage, placement of the proposed dwelling, and ordinary high water location with a revised survey. No- tion carried unanimously. VanDoren Hazard Stallings, Inc. ~¢hico¢C~ · En~ineer~ · ~lonno~s PLANNING REPORT TO: FROM: DATE: Mound Planning Commission and Staff Mark Koegler, City Planner November 5, 1991 SUBJECT: Variance Application APPLICANT: William Voss CASE NUMBER: 91-055 VIiS FILE NUI~ER: 91-310-A14-ZO LOCATION: 4608 Kildare Road EXISTING ZONING: Single-Family Residential (R-2) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting variances to construct a new single-family residence on a vacant lot of record. The lot which abuts commons property has an area of 5,274 square feet. In accordance with the proposed plan, the requested variances include the following: Lot Area Front Setback Rear Setback Frontage on an Improved Street Required Proposed Variance 6,000 sq ft 5,274 sq ft 726 sq ft 20' 10' 10' 15' 6' 9' 40' 30' 10' COMMENT: The Mound Zoning Code seeks to allow reasonable use of property. In this case, the shape of the lot is the primary factor precluding construction of a conforming single-family dwelling. The proposed dwelling involves a living area measuring approximately 30 x 45 feet and a 22 x 22 foot garage. Construction of a home of this size seems reasonable in today's market. 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 (612) 553-1950 Voss Planning Report November 5, 1991 Page Two RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the lot area, front setback, rear setback and street frontage variances noted above subject to the following conditions: Ail setbacks shall be established on a site plan drawing by a Registered Land Surveyor. Said site plan drawing shall accompany the building permit application. A 50 foot setback shall be observed from the ordinary high water line of Lake Minnetonka. This setback shall be shown on the site plan referenced in item #1 above. The variances in this case are granted due to the size and shape of the lot, both of which are criteria listed in Section 23.506.1 of the Mound Zoning Code. VOSSVAR. P 5 2 CITY OF MOUND 5341Maywood Road Hound, MN 55364 47Z-1155 Fee $50.00 VARIANCE APPLICATION_ pLANNING & ZONING COHMISSIO~. (Please type or print the following Information.) Address of Subject Property 4608 Kildare Lane Owner's Name William David V0ss Owner's Address 4619 Kildare Road Applicant's Nme (if other than owner) Day Phone 348-8360 Same Address Lot (6) Six Addition Set0n Existing Use of Pr~erty: Vacant Day Phone (11) Eleven Block PID No. 1911723210028 Zoning District R-2 Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? yes ( ), no (xxJ. If .yes, list date(s) of application, action taken, and provide resolution number(s) (copies of previous resolutions must accompany thts application). VARIANCE REQUESTED FOR: direction (x~' Principal Building setback requested ( ) Accessory Building setback required Front Yard: ( N~JE W ) 10 ft. 20 ft. 10 Rear Yard: ((~)S E W ) .6 ft. 15 ft. 9 Lake Front: ( N S{~)W ) Ft. 50 ft. Side Yard: ( N S E(~)) ft. 6 ft. Side Yard: ( N S E W ) Ft. ft. Lot Size: ,,,~10~/- sq ft 6000 sq ft OK VARIANCE REQUESTED ft. ft. ft. ft. ft. sq ft a AR I ANCE APPL I CAT 1 ON ge 2 I. Reason for request To build single family residence Does the present use of the property conform to ali regulations For the zoning dlstrlc~E-~n which It Is located? Yes (x~, No (). If no, specify each non-conforming use: Do the existing structures comply with all area, height, bulk, and setback regulations For the zoning district in which It is located? Yes (), No ( ). If no, specify each non-conforming use: not applicable ~ the 10t is vacant Which unique physical characteristics of the subject property prevent Its reasonable use For any of the uses permitted in that zoning district? (xxx) tM narrow I It°° sinaI I ~ tM(> shal Iow topography ! I soil sub-surface drainage shape ) other: specify Lot is too narrow to allow for front and rear setbacks ® 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 (x~. IF yes, explain Was the hardship created by any other man-made change, such as relocation of a road? Yes( ), No (x~. If yes, explaln the 7. 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, list some other properties which are similarly affected? Numerous existinq 10ts of record in the City of Mound are not large enough to allow for minimum setback requiremenEs 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 ac- curate. ! consent to the entry in or upon the premises described in this application by any authorized official of the City of Hound for the purpose of Inspecting, OK of posting, maintaining and renx>vlng such notices as may be required by law. 0 4-~ b. o o z ~- _J · ¢~ oo ~- o o 0 o,-- q- ~.. RESOLUTION WAIVING REQUIRemENTS OF CHAPTER 22 OF THE VILLAGE CODE REGARDING THE DIVISION OP PROPERTY '":' :'::""' "/"~---~--?~-tS, an application to waive the subdivision requirements contained in ' '''' . ' : , i . .Section 22.00 of the Village Code has been filed 'with the Village "' ""--'...'".. of Mound. and .... --::-:',:'. ,'..,' ~WR~ZLEAS, said. request for a waiver has been reviewed by the Planning Commission ': ~'" '"" and tho Village Council, and -'-:-" :....-: :;'~REAS, it is hereby determined that there are special circumstances affecting -: .... "'~":':' '- said property such that the strict application of the ordinance would :,.:. ' ,.. -=" deprive the applicant of the reasonable use of his land; that the '"' . waiver is necessary for the preservation and enjoyment of a substan- '..."':..'i":'~-'. · ·: '- rial property right; and that granting the waiver will not be detri- :'. .... mental to the public welfare or injurious to other property owners. ...:_: ,., .:iY.'::.:!..N(I~, ~n~0:~E, BE IT RESOLVED BY ThU~ ViLLAGE COUNCIL OF THE VILLAGE OF MOUND, ":' '" ' 1. The request of Frank Grab. mini, 'S~. : .:" ' " for a waiver from the .Drovisions of Section 22.00 of the Village Code and the request to subdivide property of less than five acres .. is hereby granted to permit divisiOn of the following propex~y in . .. the followinj manner: .. That Lot 4 and l~rt of 7 and 8, Block 11, Seton (Plat ~7~50," ' '" Parcel 16~5) and Lot 5 (Plat ~7950, Parcel 1640) be oomb~eA ~d ~d ~to two b~ld~ sites. The p~ose of t~e , . ~sion im to pro~de acoes~ to 'Lot 5. (~e at~ehe~..),,.., .' The~ are ~ sewer a~ ~ter deficiencies. ',.:'..' - ' .', "~ '.:' ". ~r .' ' ' '. · ,' . .-' .y' v-.' ·-;' .,' .?, '... """ 1.':".;-,' :' .:..".':: .' .':'?'.. -' :"-,..,.-' <.' -'.,.2. It is determined that the foregoing division will constitute a · ':.:: .... desirable and stable comnunity development and is in harmor4v with · adjaccn~ properties. ' '-Adopted 'this . 14 ·, " ' ' ,' · · ~. The Viilaje Cle2k 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 o~Hennepin County ~o show compliance with the subdivision regulations .of this village.' PROPOSED RESOLUTION ~92- REOOLU~ION TO ~I~PROVE ~ V'ARI~CB FOR LOT 13, BLOCX 2, BH~DY~OOD POINT, PZD ~18-117-23 23 0018 1948 BHOREROOD L~NE WHEREAS, The applicant has applied for a variance to recognize an undersized lot resulting in a 2,150 square foot variance, to recognize an existing nonconforming setback of 45 feet from the Ordinary High Water to a deck attached to the dwelling, and a .6 foot side yard setback variance, and; WHEREAS, The applicant is requesting these variances to allow construction of a 22' x 30' attached garage with a foyer, and; WHEREAS, The proposed front yard setback of the addition is 20.7 feet and will be conforming according to Zoning Code Section 23.408 (6), and; WHERE]%S, There is an existing boat house on the property which encroaches .3 feet into the neighboring lot and the applicant has indicated the boat house will be removed. WHEREAS, The subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 and 6 foot side yard setbacks for lots of record, and a 50 foot setback to the Ordinary High Water elevation, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval with modifications and conditions. The Planning Commission did not find a hardship to allow the requested .6' side yard setback variance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a 2,150 square foot lot area variance and a 5' lakeshore setback variance to al low construction of 22' x 30' garage addition with a foyer at 1948 Shorewood Lane, upon the following conditions: a. The existing boat house shall be removed prior to b,,; b. The existing water service shall be insulated under the proposed concrete floor in a manner acceptable to ~the Mound Sewer and ~ater Superintendent~ ~_ ~.:~?~ Proposed Resolution Page 2 Case No. 92-003 Ce The setback to the northwest side property line must conform to the 6 foot setback requirement and a revised site plan indicating such must be submitted with the Building Permit Application. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 22' x 30' garage and foyer addition. This variance is granted for the following legally described property: Lot 13, Block 2, Shadywood Point, PID #18-117-23 23 0013. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. PROPOSED REBOLUTION #92- RESOLUTION TO 2q~PPROVE & V]tiRI]tLNCB FOR LOT 13, BLOCK 2, SHADYWOOD POINT, PID #18-117-23 23 0018 1948 SHOREWOOD LANE P&Z C~SE NUMBER 92-003 ~HEREAS, The applicant has applied for a variance to recognize an undersized lot resulting in a 2,150 square foot variance, to recognize an existing nonconforming setback of 45 feet from the Ordinary High Water to a deck attached to the dwelling, and a .6 foot side yard setback variance, and; WHEREAS, The applicant is requesting these variances to allow construction of a 22' x 30' attached garage with a foyer, and; WHEREAS, The proposed front yard setback of the addition is 20.7 feet and will be conforming according to Zoning Code Section 23.408 (6), and; WHEREAS, There is an existing boat house on the property which encroaches .3 feet into the neighboring lot and the applicant has indicated the boat house will be removed. WHEREA~, The subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 and 6 foot side yard setbacks for lots of record, and a 50 foot setback to the Ordinary High Water elevation, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval with modifications and conditions. The Planning Commission did not find a hardship to allow the requested .6' side yard setback variance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a 2,150 square foot lot area variance and a 5' lakeshore setback variance to allow construction of 22' x 30' garage addition with a foyer at 1948 Shorewood Lane, upon the following conditions: The existing boat house shall be removed prior to final building inspection. The existing water service shall be insulated under the proposed concrete floor in a manner acceptable to the Mound Sewer and Water Superintendent. Proposed Resolution Page 2 Case No. 92-003 ® The setback to the northwest side property line must conform to the 6 foot setback requirement and a revised site plan indicating such must be submitted with the Building Permit Application. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 22' x 30' garage and foyer addition. This variance is granted for the following legally described property: Lot 13, Block 2, 8hadywood Point, PID #18-117-23 23 0013. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. Planning Comm£ssion Hlnutel Hatch 9, 1992 CABB HO. 92-003: RI:CIIMtD HBliDBRSOII. 1948 OHOREWOOD l,,XNg, LOT BLOCK 2. BHADYWOOD POINT, PTD jf18-1~7-23 23 0013. VARIANCE. city Planner, Mark Koegler, reviewed the applicant's request for a variance to construct a 22' x 30' garage and foyer addition to an existing home. The variances being requested include: Lot Area Lakeshore Setback to Deck Side Setback Reauired Variance 10,000 sf 2,150 sf 50' 5' 6' .6' There is an existing boat house on the property which encroaches .3 feet into the neighboring lot. The applicant has indicated that the boat house is to be removed.. There is a water line serving the home which will under the proposed addition, this issue was reviewed with the Sewer and Water Superintendent, Greg Skinner. Staff recommended approval of the lot area, lakeshore, and side yard setback variances conditioned upon the following: The existing boat house shall be removed prior to final building inspection. 0 The existing water service shall be insulated under the proposed concrete floor in a manner acceptable to the Mound Sewer and Water Superintendent. Mueller questioned if a front yard setback variance is needed since the required setback is 30 feet and the proposed addition is 20.7 feet to the front. Koegler commented that considering the average setback of the two adjoining structures, the front yard setback will be conforming. The Commission discussed the proposed 5.4' side yard setback from the proposed addition and reviewed alternative solutions to alleviate the variance. MOTION made by Muellor, seconded by Clapsaddlo to approve the variance as requested with the exception that the .6' side yard setback variance not be granted due to lack of hardship, and including the conditions as listed in the City Planner's report. Motion carried unanimously. Hoisington Group Inc. LAND USE CONSULTANTS PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner REPORT DATE: March 3, 1992 PC MEETING DATE: March 9, 1992 SUBJECT: Variance Request APPLICANT: Richard Henderson CASE NUMBER: 92-003 HGI FILE NUMBER: 92-1k LOCATION: 1948 Shorewood Lane EXISTING ZONING: Single Family Residential (R-l) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is proposing to construct an addition to an existing home including a two car garage and an entry/foyer area. In order to obtain a building permit, the proposed plan will require three variances, one of which is directly attributable to the proposed construction. The existing structure contains tWo non-conforming situations. At the northern end of the property, an existing deck is located 45 feet from the ordinary high water level. City Code requires a 50 foot setback necessitating a 5 foot variance. The existing lot totals 7,850 square feet which is 2,150 square feet under the required 10,000 square feet in the R-1 zone. According to the proposed plan, the addition to the home has overall dimensions of 22' x 30'. Construction of the addition creates a 5.4 foot setback on the western side of the property. The provisions of the R-1 district require a 6 foot setback in this area resulting in a .4 foot variance. 7401 Metro Blvd. · Suite 340 · Minneapo~. MN 55439 . (612) 835-9960 Henderson Planning Report March 3. 1992 Page 2 COMMENT: The City of Mound continually strives to alleviate the need for variances. In this case, any improvement of the property involves a variance due to inadequate lot area and the non-conforming lakeshore setback. It. could be argued that the need for the side yard setback variance is questionable due to the option of reducing the depth of the garage by one foot which would apparently result in a conforming side yard. This would result in a garage measuring 22' x 22'. If the side yard setback was the only variance involved, staff would tend to support this approach. Since other variances are involved and since a 22' x 23' garage is within the realm of "normal" sized garages, this approach takes on less importance. Two other issues pertaining to this case need to be reviewed. The property contains an existing boat house in the northwestern comer of the site. The existing boat house encroaches .3 feet into the neighboring lot. The applicant has indicated that the boat house is to be removed. The second issue pertains to existing utilities. The water line that serves the existing home follows a diagonal alignment that bisects the proposed addition. Section 610:35 of the City Code states "No service or water shut-off shall be installed under concrete walks, steps, driveways, or other permanent structure, either existing or contemplated, between the property line and the building to be supplied." In this case, the City Council either needs to grant a variance to this provision of the Code or the owner needs to relocate the existing water line. In reviewing this situation with Greg Skinner, Mound's water and sewer superintendent, the line may be acceptable in its present location if it is insulated for its entire length under the concrete floor. He is concerned that without adequate 'insulation, freezing of the line could occur. The line could be excavated and insulated concurrent with the footing excavation. RECOMMENDATION: The proposed plan for the addition seems to represent reasonable use of the subject property. Staff recommends that the Planning Commission recommend approval of the lot area, lakeshore and side yard setback variances as outlined above conditioned upon the following: The existing boat house shall be removed prior to final building inspection. The existing water service shall be insulated under the proposed concrete floor in a manner acceptable to the Mound Sewer and Water Superintendent. ~.- o. ,,o,.,0 IIr'i :::,~%/,--t..,,. !l~Jl 534~. X~Irvoo~o&~, Xo~ ~ S53S41'-' I ,,.u& ~ RmC [1~1 ·hon., .~ .oo, ...~ .~-o.o I !--. ___-. ,J I I L;~Y OF IViOU~JD Planning Commission Date: .__~.~.C~'~_ Application Fee: $50.00 City Council Date: ., ~'Zq-~Z Case No.~ Site Visit Scheduled: Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to City Engineer: ®eeeooeoeeoooe®ooeooo®ooooeo®®e®oooee®o®®oo®eeeoe®o®®®®o®eoo®eo®®~®o®oeoe® Please t~pe or print the following information: Address of Subject Property... Owner's Name Owner's Address Applicant's Name (if other than owner) Day Phone Address Day Phone LEGAL DESCRIPTION: Zoning District /~/ Block Use of Property: ~F3 /~~/~I Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. TYPE OF STRUCTURE VARIANCE REQUESTED FOR: ( ) Other ( ) Dwelling Garage 1. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): .. ,e-~ ,~ ~. ,,., ,",~ ~ ~.~ ~' ~ ~ . / 5 r o ,~ ~' / ~ o ~ z z_ ~ Variance Appl:i. ea~ion Pa~e 3 case Ho, o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (u~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.) required requested VARIANCE setback setback Front Yard: (NS E W ) ft. ft. Rear Yard:(~S E W ) ft. ft. Lake Front: ( S E W ) ~0 ft. ~ ft. .~ Side Yard: ~S E~) '~ ft. ~. ~ ft. .~ Side Yard: ( N S E W ) ft. ft. Lot Size: ~sq ft ~sq ft ~/1~ ft. ft. ft. ft. ft. sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (b~, No ( ). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ~ too small ( ) too shallow ( ) topography ( ) drainage ( ) shape ( ) soil (u~-existing ( ) other: specify Please describe: ® Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (~)~. If yes, explain Variance Application Page 3 Case No.~~~)_0~_- Was the hardship created by any other man-made change, such as th~ relocation of a road? Yes (), No (~)~. If yes, explain 8. Comments: Arethe conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~. If no, list some other properties which are similarly affected? 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. Date Certificate of Survey for Rich Henderson of Lot ] 3, Block 2, Sha.dywood Point Hennepin County, Minnesota Lot 13, Block 2, Shadywood Point. ~ This survey shows the location of ~ all existing buildings and a pro-  posed oarage in relation to the boundaries of the above described property. It does not purport to show any other impro~ements or encroachments. Date : 10-26-88 2 - 13 - 92 Scale: 1" = 30' o : Iron marker found RECEIVED FEB 2 1 1992 MOUND PLANNING & INSP. all I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. COFFIN & GRONBERG, INC. nMark S. Gronberg m . Lic..No. 12755 Engineers, Land Surveyors, PlaFj~ Long Lake, Minnesota l CLEAN WATER ACTION March 16, 1992 Mr. Edward Shukle City of Mound 5341Maywood Road Mound, MN 55364 N AR 1 7 992 Dear Mr. Shukle: I appreicated the opportunity to talk with you last week concerning the proposal to pave a road in Corcoran with materials containing incinerator ash. Please find enclosed materials that summarize our concerns regarding this project. These include: * In a recent Federal Court decision, incinerator ash was found to be a hazardous waste, subject to Federal hazardous waste regulations. * the proposal includes the placement of highly toxic fly ash in the aggregate product. An administrative law judge that is reviewing the proposed rules for incinerator ash disposal has recommended that fly ash be separated from bottom ash. * the Municipal Services Corporation financed health risk assessment is deficient in many areas. * the test itself is far too short in duration to get meaningful results and the liability for environmental problems would be given to Hennepin County taxpayers * the test is part of a permitting process for a large ash processing plant to be located in Hennepin County. I would like the opportunity to meet with you prior to next week's council meeting. Thank you for your consideration. Please do not hesitate to contact me at 623-3666. Singerely, ~ /? CLEAN WATER ACTION Midwest Regional Office · 326 Hennepin Ave. E. · Minneapolis, MN 55414 · 612/623-3666 1418 First Avenue, NE · Rochester, MN 55904 · 507/281-1390 / 2904 West Third Street · Duluth, MN 55806 · 218/628-1191 211 Black Bldg., 118 N. Broadway · Fargo, ND 58103 · 701/235-5431 / RR 1, Box 95 · Stoddard, WI 54658 · 608/788-1398 122 South Grand Ave.,//200 · Lansing, MI 48933 · 517/487-0900 National Office · 317 Pennsylvania Avenue, SE · Washington, DC 20003 · 202/547-1196 Printod on Re~'yclcd Paper March 22,1992 To the Mayor and City Council of the City of Mound: Hon. Mayor and Council: Enclosed is a resolution from the Dayton Ash Utilization Demon- stration Project Task Force concerning the ash to asphalt project that was proposed for the City of Dayton two years ago. This task force was appointed by the City Council and is the only OBJECTIVE analysis of the proposed ash to asphalt process to date. The task force was composed of Dayton citizens who over a two month period met twice a week. Testimony was given by both sides , the resolu- tion contains their conclusions . It is important to note that one of the first recommendations is to remove the fly ash . The ash from the incinerator is of two .types,fly ash - that comes from the pollution control equipment (baghouse) and bottom ash - the ash that falls through the grate (contains burned and unburned debris). The two types of ash are generated in SEPARATE parts of the plant and then combined. Because the fly ash is very toxic (it contains all the things we didn't want going into the air ,and most of the time tests as a hazardous waste ) it is mixed with the relatively safe bottom ash. The end result is the much larger volume of bottom ash DILUTES the highly toxic fly ash so the combined ash tests less hazardous. It is our contention that the fly ash should be kept separate and disposed of as hazardous waste (which it is !). If this material were plating sludge from a metal plating shop NO ONE (not even the county) would be allowed to dilute it (say with a large volume of water as was done in the past ) and release it into the environment. The county says this project will prevent us from needing a new landfill,we will still get the landfill , it will be 40 ft wide 4" deep and 1000 miles long . In closing I would ask that you pass a resolution asking the county to NOT use fly ash in this demonstration project but instead treat it as the highly toxic waste that it is. I apologize for not being able to attend your meeting tonight, if I can be of assistance or you have any questions please con- tact me at 427-2960 evenings or 421-0121 days. Thank you for your time. Mayor, City of Dayton --I. GERRY SIKORSKI WHIP AT ~R~E ENEEGY AND GOMME~CE OFFICE AND C~IL 8ERVICE gELE~ COMMt~EE ON CHI~EN, YOUTH. AND FAMILIES June 24, 1991 WAIHIN~rON OFFICE 405 CANNON NOU$! WMHI#O?ON. DC (2OS) 22~2271 DISTRICT OFFICF. 277 coo~ ~u,~o$ BLVD. i,M. 8~ 414 C~N ~lOl. uN 8s~s Thc Honorable John Dcms Chair, Hennepin County Board of Commissioners Hennepin Count Government Center Minneapolis, MN 55487 Des. r Commissioner D~rus: It has come to my attention that the Hennepin County Board of Commissioners will consider a plan this week to test municipal incinerator ash as roadway aggregate in Corcoran. I have followed this issue with 8xcat interest since it was first proposed for Dayton. AS you know, the issue of how and whether this ash should be re-used is receiving close scrutiny not only in Minnesota, but nationwide. Thc Minnesota proposal will likely be viewed as a precedent for other states. I am nog' hearing serious concerns from a number of citizens about the specific proposal before Hennepin County. They are summarized as follows: The treated ash pellets contain fly ash which is the most toxic part of thc municipal ash stream. The pellets will be used on the wearing surface of the road, exposing the material to harsh weathering conditions -. leading to the release of toxins, especially lead, into the environment. There are no long-term tests built into thc test protocol to determine the full impact of the process. The material slated for testing would presumably be manufacturered at a processing facility in Northwest Hermepin County. The permitting process for such a facility would begin shortly after the test strip is laid. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS ! would like to strongly encourage Se Board to t~e these concerns into account before making any decision re§~u-ding this proposal. As ~lways, I appreciate your good offices, good work md good friendship, Commissioner Tad .l'ude ~be~~l'~C°OnR~[$ Commissioner Peter McLaughlin Commissione~' M~k Andrew Commission~ Sudy Makowke Commissioner 3ohn Keefe Commissioner Randy ,lohnson CLEAN WATER ACTION HYTHS AND FACTS ABOUT THE CORCORAN ASH TEST PROJECT 1. HYTH: "The test is only for 600 feet of pavement, its not really a big deal.' FACT: The 'test" is the first step in siting a huge industrial plant that will take tox/c ash from all over Minnesota. Municipal Services Corporation, the Georgia company conducting the test wants to build this plant within the next two years. One prospective site placed the plant less than five miles from Corcoran. 2. ~IYTH.. The treated ash is safe. FACT~ The pavement will break down. The tox/c materiais--such as lead cadmium, mercury and chromium will not breakdown. The wear/zig and tearing of roads releases toxic substances into the immediate environment where people live. 3. I-[YTH: The ash ks as safe as compost. FACT: These comparisons axe inappropriate and misleading. The aggregate will be worn into dusts due to abraa/on resulting from street traffic. Contaminated street dust (resulting from leaded gasoline and other sources) has been a ma)or factor in the lead poisoning of children. Lead, even at the tiniest trace leveis can cause kidney ~]_i=~ease, and neurological disorders in children. Children playing in or near roads pick up the loose dust on their clothes and hands and in turn put their hands and or contan%inated food in their mouths. Small part/cles of lead are readily inhaled and additionally increase the body burden of lead. The EPA has classified lead as a cancer-causing pollutant- The standard for residen~i~_! soL[ not only fails to protect against non-cancer toxic effects but ignores the fact that EPA has ciasskf./ed lead as a probable human carcinogen. 4. MYTH: "Incinerator ash is benign, besides, the road pellets are treated and the ash is bound up forever." FACT= Ash from the Hennepin County incinerator has consistently shown the characterislfics of a hazardous waste. In fact recent lead samples have exceeded the Federal Drinking Water Standard by almost 16/) times, and was .almost 6~% h/gher than the hazardous waste cut-off. All materials exposed at surface of earth including rock undergoes physical and chemical processes which weather the material into fine particles. The proposers have not demonstrated that the aggregate will hold together as well as natural stone aggregate. In addition, the pellets will break down over time, the tox/c mate~a[~ will not. 5. MYTH?Lead and other tox/c metals are in the environment naturally, so why be concerned about these substances in the road?' FACT, Tox/c heavy metals are concentrated in the combust/on process that takes place at the incinerator. The h~jh concentrations o! lead, cadmium, mercury and chrom/um pose a significant health risk, when placed in the ironed/ate environment of people. Because the safety threshold leve! is so low any additional exposures to these toxins can produce adverse health effects part/cularly in fetuses, infants, pregnant mothers, and chJ/dren. 6. I. IYTH, "Its better to recycle the ash, than to bury it in a landfill, especially since Corcoran is a site for an ash landfi//. FACT: The leg/slature has dropped the current landf/ll siting process, it is much less Hkely that sensit/ve groundwater areas such as Corcora/l w/I/ be included in future siting decisions. Clean Water Action opposed the Land/ill sit/rig process and worked at the legisLature to drop Corcoran from the sit//lg process. Ash 'utiL[zat/on' is not a benign form of recyclinq. You cannot recycle something that has never been used. Ash is waste. Placmg it. on roads is just another way to dispose of this waste. 7. I-[YTH.. 'l.Iumcipal Services Corporat/on is a reputakle firm, they %;/J/ see to it that this is done right". FACT: MSC's parent company, USPCI was c/ted for 57 separate vioLat/ons due to improper storaqe of PCB's at its Grassy Mountain fac/l/ty in Utah. The EPA asked for penalties totalling $1.4 million. HSC was recently denied a pernUt to dump Hennepin Ccunty's ash in North Dakota. The North Dakota [{ealth Department cited l.l$C's and USPCI's sloppy environmenta/ record as one reason for the perm/t denial. B. I.[YTH: "Corcoran gets a good deal--a free paving Fro}ect" FACT~ Or/qinally the state of }41nnesota was w/lling to assume the liabi]/ty for the many env/ronmenta/ risks of this project. Now the legislature is no longer willing to foot the biLL Corcoran and Hennepin County taxpayers w/l/ ha~e to pay for damages. What may be free today could have disastrous financial costs in the future. CLEAN WATER ACTION Midwes! Re{ional Office · 326 Hennepin Ave. E. · Minneapolis, 5IN S~414 · 612/62~.:{666 141~ Flrs~ Avenue. NE · Roch~er. MN :~5904 · ~07/281-1390 / 2904 West Third $~ree~ · Duluth, lvlN :I~806 · 21~/62{-il91 411 North Broadway. #20~ · Far{o, ND S8102 · 701/23S-$431 I RR I, Box 9.~ · $~oddard. WI :~465{ · 608/78{.1398 122 Sou~h Grand Ave. #200 · Lansin$, MI 48933 · ~17/487-0900 Nntion~i Office · 317 Pennsylvania Avenue. SE · Washiniton, DC 20003 · 202/~47.11~ ENVIRONMENTAL DEFENSE FUND 1616 P Street. NW Washington. DC 20036 1202) 387-3500 COMMENTS OF THE ENVIRONMENTAL DEFENSE FUND ON A "HEALTH RISK ASSESSMENT OF MINNES~A MSW-ASH UTILIZATION DEMONSTRA~ON PROJECT' PREPARED BY AWD TECHNOLOGIES. INC.. FOR MUNICIPAL SERVICES CORPORATION COMME~ PREPARED BY Di~ RICHARD A. DENISON, Ph.D. SENIOR SCIENTIST JANUARY 14, 1992 EDF has reviewed the Health Risk Assessment (HRA) prepared by AWD Technologies, Inc., in support of Municipal Service Corporation's (lVISC's) proposal to uftliT~ ash as a wearing surface roadway construction material. Data on the chemical composition of the ash-substituted roadway material indicate that it contains and leaches far higher -- in some cases, hundreds of times higher -- concentrations of most toxic heavy metals than do natural aggregate materials or the soils at the proposed demonstration project. From this starting point, we find that the HRA is deficient in n~]merous aspects. Most notably, the ~ · fails to examine risks over the full lifecycle of the u~l~zed ash; · fails to examine routine events that increase the rate and magnitude of releases from the roadway during its useful life: examines exclusively human health risks affecting the general population. failing to consider occupational risks; gives scant consideration to environmental risks posed by the project, despite Its expansive claims to be an envirol~mental as well as human health assessment; examines only a subset of the chemicals of concern, particularly for species other than h-mans, and uses incorrect toxicity values for many of these; grossly distorts the role of conservative ass-mptions in risk assessment procedures; neglects or downplays several important pathways exposure to ash-borne toxic substances; and for release of and assr, roes without foundation that the TCLP leaching fluids invariably leach metals more aggressively than water or than will occur in the field. Each of these deficiencies is discussed at length in these comments. Taken together, they indicate that the I-IRA falls far short of serving as a s-fficient assessment of the risks posed by MSC's proposed ash u_tilt~ation project. INTRODUCTORY Ash uttlt~tion allows the placement of ash or ash-derived products into the general-environment, an activity that involves potential exposures that extend well beyond those from ash ,d, isp_osal, b_oth in m .agni ~t~.,.d_e__~n_d d~r~~ the burden of demonstrating the 'safety" of. any such umizauu,, ~, must necessarily surpass a higher threshold. In assessing ash utilt~ation, it is tmpo~_~nt to constantly keep in mind that thc material being utilized cRffers markedly from the natural material it 2 is replacing. While the engineering properties may be similar (otherwise it would not be a suitable substitute), the chemical composition is very different. In the present case in which MSC proposes to substitute treated ash product (TAP) for a portion of the natural aggregate normally used in the wearing surface of a roadway, the concentrations of most heavy metals is considerably higher in the ash-substituted materials. Data from the HRA (HRA Tables 2.1 and 2.5) allow a comparison of both the total metal concentrations and the TCLP-leachable met~_l concentrations in the ash-substituted aggregate with those in natural aggregate and in the softs now present in the unpaved roadway. This comparison, shown in the Tables below.' demonstrates the enormous enrichment of most metals in the ash-substituted material. Only selenium is present in comparable concentrations in the ash-substituted materials, the natural aggregate and the roadway softs. And most metals are much more leachable (using the TCLP) from the ash-substituted materials. For example: Lead would be present in the ash-substituted roadway material at levels almost 160 times higher than in the natural aggregate normally used to pave roads, and 32 times higher than in the existing roadway softs. Mercury would be present in the ash-substituted roadway material at levels 280 times higher than in the natural aggregate and 28 times higher than in the existing roadway softs. Cadmium would be present in the ash-substituted roadway material at levels 22 times higher than in .the natural aggregate and 55 times higher than in the existing roadway softs. Based on TCLP leaching tests, arsenic, cadmitun, lead, and mercury would leach from the ash-substituted roadway materials at levels about The full data sets are attached as Tables I and II. 3 TOTAL ME~ALS ENRICH~NT FACTORS TAP/Agg: Nat Agg TAP/Agg: Roadway Soils Arsenic 9.7 1.3 Barium 9.7 11.5 Cadmium 22.0 55.0 Copper 10.5 11.9 Chromium 1.8 6.4 Lead 156.8 31.6 Mercury 280.0 28.0 Nickel 3.5 6.0 Selenium 1.0 0.5 Silver 4.1 5.6 Zinc 32.3 29.2 TCLP METALS ENRICHMENT FACTORS TAP/Agg: Nat Agg TAP/Agg: Roadway Soils Arsenic 8823.5 1.2 Barium 1.2 2.3 Cadmium 21.5 164.7 Copper 1.0 1.0 Chromium 1.9 5.7 Lead 157.9 0.0052 Mercury 276.3 48.8 Nickel 0.8 0.4 Selenium 1.0 1.0 Silver 4.0 2.7 Zinc 1.0 5.0 The enrichment factors represent the n-tuber of times higher the concentration of a given metal in the ash-substituted material is than in the natural aggregate or roadway softs. TAP/Agg = 30% treated ash product mixed with 70% natural aggregate Nat Agg = 100% natural aggI~ate See foomote 3. 4 8800. 22. 160. and 275 times higher, respectively, than from natural aggregate.3 As discussed in the comments below, the presence of these metals in the ash-substituted aggregate at levels much higher than in the materials ordinarily used to pave roads means that the myriad routine procedures and steps involved in road construction, maintenance, repair, and removal -- activities not normally considered to pose significant risks -- must be wholly re-evaluated in Light of the much higher levels of toxic heavy metals. MAJOR DEFICIENCIES IN THE HlZA 1. The I-IRA f~tl,~ to e,x~mine risks over the full lifecycle of the utilized ash. Any characterization of risks associated with the uttlt?,ation of ash must examine the full "lifecycle" of such ash. This is essential because the primary constituents of ash that pose human health and environment~_l concerns are heavy metals (e.g., lead, cadmium) and organic chemicals like diaxin. These toxic chemtcala are permanent or highly persistent, and as such will pose risks wherever and for as long as they are present in the environment; that is. they travel with the ash no matter what form it is in or how much time has passed since its generation or uttlt?~tton. s Lead is the only metal predicted to leach from roadway soils at a level significantly greater than from ash-substituted aggregate. In interpreting this prediction, however, it is important to understand the probable source of this lead: historical and contin,,tng particulate emissions from vehicles using leaded gasoline. While the phase-out of lead in gasoline has reduced these emissions considerably, leaded gasoline still accounts for about 9 percent of total US gasoline cons,,mption (EPA, "Lead in Gasoline." data for 3rd quarter of 1989). and pre-1975 vehicles and farm vehicles of any age may still use leaded gasoline (42 U.S.C. section 7550). Thus. even on the paved road. lead particulates will st~11 be accumulating. The HRA f~il,~ to account for this source of lead when comparing the paved and ,mpaved roads. 5 Ur~like the HRA, this lifecycle begins long before actual utilization of the ash. "Upstream" stages in the lifecycle that need to be explicitly considered in an HRA include: · the handling and storage of ash at the site of generation; · the treatment of ash to render it suitable for uttlt?~ation, including the disposition of any emissions, residuals or by-products resulting from treatment; · transportation of the ash between the sites of generation, treatment, storage, and actual utilization; · actual placement of the ash into the enviror~ment in the form in which it is uttltTed (in this case, as a roadway material), including steps to clean storage and placement equipment and deal with residuals from the placement process; and · fate of the ash during actual use. The lifecycle of the ash does not end with its utilization, however; it is Just as import_ant to address risks that may arise after the useful life of the utilized ash. These "downstream" stages include: · breaking up and removal of the roadway materials; · fate of residuals remaining after removal of the bulk of the roadway mater!_~ls; · transportation, intermediate storage and processing of the removed roadway matert_~l; · ul_ttm~te disposition (e.g.. disposal, reuse, or recycling) of the roadway material; 6 * if the roadway material is reused or recycled, all of the above steps for the material throughout its "new" lifecycle. It is critical to recognize that the HRA examined only one of these many lifecycle stages: the fate of the ash d~_~_ring act~a_n_! use. Our knowledge about the chemical and physical characteristics of ash indicates that many (ff not all) of these other stages are at least as likely to pose risks to human health and the environment as is the actual utilization stage. Indeed. the opportunities for dispersal of ash and its associated toxic chemicals are almost ce~ainly greater on a per-unit-of-time basis for many of these other steps, and they may well contribute more to overall releases, exposures and risks associated with ash utilization than the presence of ash in roadway material during the useful life of the road. [This is not to say that the actual proposed use of the ash is without sigr~tflcant risk; as should be clear from the remainder of these comments. EDF has serious concerns about the specific use to which ash would be put under this proposal, in particular that it would be placed in thc wearing surface of thc roadway. N~merous other proposed projects to use ash as a roadway material take the far more prudent approach of placing the ash in subsurface materials, rather than in direct contact with forces of constant erosion (traffic, air, and water).] At best, the HRA can claim to represent an assessment of risks associated with one very limited stage in the full lifecycle of utilized ash. As will be clear from our subsequent comments, however, even this claim is not Just/fled. 2. The HRA fails to ex, rathe rou~ne events that increase the rate and magnitude of releases from the roadway during its useful life.' One major premise behind the exposure considerations of the I-IRA is that, once the road material is. put in place, releases would occur only through two routes: gradual erosion of material due to wearing of the surface, resulting in ~ir emissions in the form of particulates (i.e., dust); and 7 leaching of metals into water that comes into contact with the surface of the road. The HRA's analysis of both of these pathways assumes that the road surface stays entirely intact during the entire time it Is In place, and therefore that releases come only from the uppermost surface of the roadway. This is obviously a wildly "best-case" assumption: Over time, road surfaces can be expected to develop cracks and potholes that would expose more of the ash to wind, water, and vehicular erosion. Road surfaces are frequently disrupted through construction and repair activities, for e~ample, when a new sewer line is inst-lled beneath the road. This activity would entail a variety of additional pathways for exposure during the removal of the material using Jackhammers and digging equipment, and while the surface material is absent: dust generation, ponding of water in contact with the ash. movement of loose pieces or particles during heavy rain, etc. Extreme temperatures (e.g., freeze-thaw cycles) can also cause distortions and buckling of road surfaces. Other routine activities would increase the rate of release of ash particles and/or their toxic constituents. Snow and ice removal activtUes will to some extent scour and enhance erosion of the surface of the road. as could street sweeping or other periodic cleaning activities. The former activities can also create or enlarge breaches in the road surface. Am2zingly, the I-I1RA does not even mention the possibility of these routine occurrences, resulting in underestimation of releases for even this one phase of the lifecycle e~mtrled in the ~ The only assumed cause of particulate emissions fi-om the roadway surface is vehicular traffic (see I-IRA page 32). Even though the I-IRA acknowledges that EPA recowmends that actual site-specific dust generation data be collected and used in performing an assessment (an approach that would account for the types of disruptive activities described above), the authors of the I-IRA chose instead to use "an empirical equation that is based solely on traffic vol,,me" ~ page 32). thereby assuring that these activities would be excluded. 8 3. The I-IRA examines exclusively human health risks affecting the general population, fni]irlg to consider occupational risks. Use of the treated ash product (TAP) as a substitute aggregate will mean that workers who ordinarily handle and are exposed to roadway materials will now be exposed to a material with much higher levels of a broad range of toxic heavy metals. Protocols for handling natural aggregate materials reflect the chemical and physical nature of these materials, and even assumirlg they are adequate to protect workers from risks posed by exposure to natural aggregate materials, they cannot be assumed to be adequate for controlling exposures to materials with much higher concentrations of toxic substances. The points and pathways of exposure to workers are at least as numerous and varied as, and certainly more intensive than, those affecting the general population. Moreover, they occur throughout the lifecycle of the ash: at any point where the ash is handled -- whether at the site of generation, during storage, treatment or transportation, during road construction, during subsequent road repair or replacement, during disposal or recycling of removed roadway materials -- workers can be exposed to the toxic substances present in ash by dermal. Ingestion. or Inhalation routes. Despite the obvious high potentio( for worker exposure, the HRA devotes only one paragraph (on p. 53) to this topE, and even there merely provides a very weak rationa~ for ex~!~ding these exposures from the si¥_d~ o!together. There is no evidence presented to support the I-IRA's claim that "protective measures" workers are assumed to make use of are sufficient to prevent any exposure. The argument that workers are exposed for a limited period of time is equally weak: exposures are certain to be much higher than those occurring to the general population, and while exposures resulting from this single demonstration project might be limited in duration, wider use of these materials in road or other construction activities will entail exposures of greater duration and must be considered ff this demonstration project is to have any relevance in the real world. 9 4. The HRA gives scant consideration to environmental risks posed bv the pr0iect, despite its expansive clnims to be an environmental as well as human health assessment. Given that ash utilization involves placing ash into the general environment rather than a controlled disposal site, the potential for exposure of organisms in addition to humans is significant. The HRA claims to represent a comprehensive examination of both human and environmental health considerations. Yet it assumes that only one route of exposure to organisms in the environment has the potential to produce an adverse health effect: leaching of contaminants from the ash-substituted roadway material into a nearby pond. It assumes, therefore, that only aquatic organisms will be exposed; terrestrial plants and animals are assumed to be unaffected by any releases from the roadway. Ironically, the HRA does examine contamination of plants or animals by ash-borne toxic substances -- but only as a contribution to human exposure through the food chain. The effects that such exposures would have on the plants or ax~imals themselves are not considered; nor are the food-chain effects on organisms considered (e.g., ingestion by animals of contaminated plants or animals). 5. The HRA examines only a subset of the chemicals of concern, particularly. for species other than hum_ans, and uses incorrect toxicity values for many of these.. Equally problematic is the }iRA's inclusion of only a very limited set of toxic chemicals, primarily heavy metals, in its evaluation of health effects. This is especially the case with respect to the very limited assessment of the potential for enviror~rnental effects, even for those on aquatic organisms. This deficiency is compounded further by the HRA's use of incorrect toxicity values for most of the compounds it does include. The HRA limits itself to consideration of only eight heavy metals and only one of the many highly toxic chemicals that make up the family of dioxins and furans: 2,3,7,8-diaxtn. This decision, according to the liRA (p. 11) is based on the fact that the eight metals are regulated by the Resource 10 Conservation and Recovery Act (RCRA) and the Safe Drinking Water Act (SDWA). and that 2.3.7.8-dioxin is carcinogenic. Both RCRA and SDWA regulate much larger numbers of toxic chemicals, however, including other heavy metals and a number of organic chemicals that have been detected in incinerator ash and are carcinogenic or otherwise toxic.4 Even among heavy metals, the HRA excludes without explanation several relevant metals: nickel, copper and zinc (the former is toxic to humans, the latter two are acutely and chronically toxic to aquatic organisms in particular). It also excludes selenium, clniming that no EPA toxicity data for metallic selenium exist; yet EPA has established both a drinking water standard and an ambient water quality criterion (AWQC) for selenium.5 The HRA then uses the "short" list of RCRA and SDWA metals -- that were selected based on consideration of human health only -- as a basis for selecting the metals of concern to aquatic organism.~. It considers ambient water quality criteria (AWQC) for only these eight metals, ignoring the significant toxicity of copper and zinc to aquatic organt-~ms. 4 Incinerator ash is known to contain a broad array of toxic and potentially toxic organic chemicals. See, for example: EPA and Co-lttion on Resource Recovery and the Environment (CORRE), Characterization of Municipal Waste Combustion Ash, Ash ~, and Leachates. EPA 530-SW- 90-029A. Office of Solid Waste and Emergency Response. Washington, DC. March 1990; Karasek, F.W. et al., (1987) "Determination of Organic Compounds Leached from Municipal Incinerator Fly Ash by Water at Different pH Levels." Ar~o_~_yt/ca/ChemLstry. vol. 59, no. 7. pp. 1027-1031; Shane et al. (1990) "Organic Toxicants and Mutagens In Ashes from Eighteen Municipal Refuse Incinerators," Arch. Env/ron. Contain. Tax/co/., vol. 19, pp. 665-673; and NUS Corporation. Characterization of Municipal Waste Combustor Ashes and Leachates from Municipal Solid Waste Land, Is, Monofllls, and Codlsposal Sites, 7 Volumes, EPA Contract No. 68-01-7310, prepared for U.S. Environmental Protection Agency, Office of Solid Waste, October 1987. ' The drinking water standard is specified in 40 Code of Fed~ Regulat~ns, Part 141; the ambient water quality criterion is discussed In EPA. "Quality Criteria for Water, 1986," Office of Water Regulations and Standards, issued May 1, 1986. 11 The HRA's consideration of only one member {2,3,7.8-dioxin) of the large family of chemicals known as dioxins and furans is unjustified, given that: (1) numerous other members of this family of chemicals are found in incinerator ash. (2) numerous other members of this family are highly toxic and carcinogenic; and (3) equivalency factors are routinely used to translate the concentrations of the entire family of dioxins and furans into "toxic equivalents" relative to 2, 3, 7, 8-dioxin. The result is an underestimation of the risk associated with the presence of dioxins and furans in the ash. Finally, for the eight heavy metals it considers, the HRA uses as benchmarks for assessing the safety of the proposed project the drinking water st_~_ndards (known as Maximum Contaminant Levels. or MCLs) and ambient water quality criteria (AWQC). However, most of the MCL and AWQC values listed in the HRA (Table ES-6) are incorrect. Table III (attached) shows the values listed in the HRA alongside the correct values taken from EPA publications. The table also lists the AWQC for two relevant metals excluded from the HRA: copper and zinc. These errors are not trivial: in particular, except for arsenic, the HRA used AWQC values that were consistently incorrect on the high side, with the correct values being anywhere from 2 to 833 times lower than the values used in HRA. The environmental risks were therefore severely underestimated, a defect compounded further by the failure to consider copper and zinc at _~ll, 6. The HRA grossly disWrts the role of conservative ass..rnptions in risk assessment procedures.., The HRA repeatedly draws attention to the conservative ass~mptions used in its methodology;, see, for e~mple, pp. ES-12 through 16. While this is useful and appropriate as far as it goes, it. is _~n incomplete and biased presentation of the study results. For example, the report concludes: "rhe results of this HRA dearly demonstrate that desp/te the extreme/~ conservative assumpt/ons emp~ in this assessment, there is no significant h,m~n health risk due to the use of TAP 12 as a replacement for a portion of the aggregate in a section of bituminous pavement." {page ES-16, emphasis added) Later, the report states: "Extremely conservative (worst-case) assumptions have been made throughout this study in order to provide a large margin of safety." (page 3) Unfortunately, the HRA falls to mention several important additional facts: (1) (2} Conservative assumptions of the sort made in the HRA are routinely employed to compensate for the substantial uncertainty in such risk assessments due to the lack of sufficient data charactex~z~ng all substances of health concern and all pathways of exposure.8 Numerous non-conservative assumptions are also made in this HRA (and virtually an other HRAs), due to lack of data and other reasons; the conservative assumptions are used in part to compensate for these necessary non-conservative assumptions. A list of some. of the non- conservative assumptions is attached as Table IV. Two examples are: (a) Many chemicals have yet to be tested sufficiently for toxicity. in the absence of data af~rmatively indicating toxicity, the chemicals are assumed to pose zero risk to humnns or other organisms. In the present HRA. an chemicals present in the ash other than the eight heavy metals and 2,3.7,8-dtoxin are assumed to have no toxicity whatsoever.? 6 See further discussion of this in EPA, "Guidelines for Carcinogen Risk Assessment," 51 Federal Register 34001, September 24, 1986. ? In some cases, the HRA fails to include estimates of risks for certain chemicals even where there are known health effects. For example, when (continued...) 13 {3) (4) (b) Many chemicals cause health effects for which standards have yet to be developed; for example, 2.3,7,8-dioxin is regulated only as a carcinogen, even though it is known also to cause numerous other health effects (e.g., on the immune system) at very Iow doses. These other effects are not considered at all in this HRA. There is universal acceptance among policy makers and technical experts that risk managers shotdd err on the side of health and environmental safety when making decisions in the face of scientific uncertainty; conservative assumptions used in risk assessment are one embodiment of that fundamental principle. The general notion that risk assessments are too conservative (a popular argument among industry groups as of late) has been challenged by many reputable risk assessment experts and other scientists.8 For these reasons, it cannot be concluded that the use of conservative ass;~mptions results in extreme overestimation of the risks of the proposed project. Moreover, even where some degree of overes_~mation does occur, this is a deliberate and desirable outcome of stnndard risk assessment procedures, in keeping with the policy of erring on the side of safety. The HRA's repeated references to conservative assnmptions, without concomitant reference to non-conservative assumptions or the reasons for ?(...continued) characterizing risks from inhalation of airborne particulates, the HRA estimates a carcinogenic risk for cadmium, but ass~mes no non-carcinogenic of earimi~m risk (see HRA Tables 5-1 through 5-3, pp. !~-49). Yet inhalation emphysema is known to cause or contribute to non-cancer diseases, including and other lung ailments. r.,,, vol 14, 1989, pp. 427-467; Center xor OMB vs ~ ....... ,..~. M~~L ~o~c~ IOr ~c r u~, ,- 14 such assumptions, is highly misleading and serves to encourage false confidence in the certainty with which risks can be measured and the "safety" of the project can be determined. Perhaps more troubling, it also reflects a basic lack of understanding of the foundations of health risk assessment. 7. The HRA neglects or downplays several important pathways for release of and exposure to ash-borne toxic substances. Numerous hidden or difficult-to-discern assumptions underlie the exposure assessment component of the HRA -- assumptions that consistently result in underestimation of releases and exposures from the proposed project. Several of these are discussed here. The HRA examines several pathways for water-mediated exposure to toxic substances present in the ash. These include ingestion of contaminated groundwater or surface water runoff' and dermal exposure to surface water runoff. For all of these pathways, however, the only source of contamination is assumed to be the /each/ng of metals from the road surface into water that comes into direct contact with it. This means that instead of considering the total metal content of the ash- substituted material, only the small fraction of the total ~mount of a metal that leaches using the TCLP is assumed to be a source of water contamination and subsequent exposure. What this approach fails to consider is the fact that it is equally possible for whole particles of ash to be carried by water that comes into contact with the ash. A significant fraction of ash, as well as materials eroded from a roadway surface, is in the form of small particles that are quite prone to transport by water flowing over the surface. These particles, even ff only insoluble or slightly soluble toxic substnnces are attached, can be a source of exposure through ground or surface water contamination, or direct contact with runoff. They can also contaminate surrounding softs with which humans or other organisms may come into direct contact through dermal exposure or resuspended airborne dust. They can nl._~ be taken up by plants or animals and incorporated into the food chain. 15 The HRA falls to consider these important pathways of exposure, and as a result underestimates hr, man and environmental exposures via waterborne routes. The HRA considers food chain exposures, but limits the analysis only to direct or indirect contamination of food supplies originating from air emissions from the roadway surface; only airborne particles of ash deposited directly onto plants or into water that harbors aquatic life are ass~_.med to result in any exposure via the food chain (see HRA pages 78-9). This approach neglects the potcnUal for contamination of plants or animals with toxic substances originating from waterborne releases of either whole ash particles or leached toxic substances.. A variety of specific mechanisms should be examined: for example, uptake of metals by plants that have come into contact with runoff or with soils contaminated by such runoff; and uptake by aquatic life that ingest or absorb water or sediments contaminated by runoff containing leached metals or ash panic]es. The HRA's failure to consider these pathways results in underes_flmation of human exposures via the food chain. Such pathways would also contribute directly to environmental exposures. The HRA's consideration of exposure t° airb°me P .a.rticula._t_~ _a,s, StoUm~ that the concentration of metnls on the particulates 1.s e~t. m_v~ cu~c~c concentrations of the metals in the original TAP/naturm mixture. No evidence is provided to corroborate this ..ass. ump~o._n, hn,~-ver and there is nmple reason to believe that it resmus m.a, ........ ' - --- - ...... ,----,-ns on airborne parucies ox underestimation of the metro It is well known that particJes of fly ash tends to _be_ .much_s_~en~a~tho~ particles of bottom ash, and they also carry much higher _con .... of most heavy met_~ls. Indeed, the smaller the fly ash parucie, me 16 higher the concentration of most heavy metals of concern.9 These smaller particles may be preferentially liberated from the road surface through erosion, and the smaller the particle, the more likely it is to become ah'borne. Hence. the smaller particles, along with their higher concentrations of metals, can be expected to represent a much larger fraction of airborne particulates than is assumed by using the concentrations of the original TAP/natural aggregate mixture. The exposure to toxic substances due to the release of such particles will therefore be much higher than is assumed in the ~ Although waterborne dispersal of ash particles is neglected in the HRA {see the first bullet in this section), the same principle applies to them as to air-dispersed particles: the smaller the particle, the more likely it is to be carried off by runoff. Clearly, this assumption made in the HRA represents another example of a very non-conservative assumption. The best approach to quantifying the magnitude of the potential underestimation of exposure resulting fi-om this questionable assumption made in the HRA would be to directly determine the s/ze and chemical composition of particles that erode from a roadway surface made using the ash/natural aggregate mixture. In the absence of such empirical data, a far more .reasonable assumption would be to assume that particulates have metal concentrations comparable to fly ash particles in the same size range. 9 This is because in the high temperature of the incinerator, metals vaporize, only to condense onto particles of fly ash as the combustion gases cool; because, for a given mass of particles, the surface area of smaller particles Is greater than larger particles, the smaller particles contain higher concentrations of the condensed metals. See: Sawell, S.E. et al. (1986) Assessment of Ash Contaminant Leachability, NITEP Phase II - Testing of the FLAKT Air Pollution Control Technology at the Quebec City Municipal Energy from Centre,W~n~viroFn~ ~en~d~u~s~trl~.__P~°~.g~'ams_B.rar~.ch, Wastewater Technology " emen Co et . 9S6) t~,- ~u ~-~uuculate Matter ri'om the Combustion of Coal and Coal/Refuse Mixtures," Env/ron. Sc/. Techno/., vol. 20, pp. 604-609; Carlsson, K. (1986) '~Ieavy Metals fi-om 'Energy from Waste' Plants ~[ Comparison of Gas Cleaning System.~," Waste Management & Research. vol pp. 15-20; and Greenberg, I~R. et all (1978) "Composition and Particle Si~ in Refuse Incineration," Environ. Sci. Techno£, vol. 12, pp. 566-573. 17 In calculating groundwater or surface water runoff concentrations of contaminants leached from roadway materials, the HRA claims that it a minimal uses a worst-case assumption: "Both scenarios assume dilution and attenuation factor of TCLP leachates thereby ensuring that worst case concentrations are employed in estimating risks from water related exposures" (HRA page 61). In fact. this "very conservative attenuation and dilution factor of 32" (HRA page 19) is not all that conservative ff one abides by another conservative assumption made in the study, namely that individuals consume water drawn from supplies within the study area (see HRA page ES-13). The factor of 32 actually is the value EPA uses to estimate how much the concentrations of contaminants leaching from a waste site will be reduced by the time they reach a drinking water well that is 500 feet away from the site;l° in contrast, the HRA is supposed to assume that people take their groundwater from within the study area, that is, within 33 feet of the source of contamination. Obviously, less dilution and attenuation will occur over this distance than EPA ass~_,rned would occur over 500 feet, and a factor lower than 32 would be more appropriate. EPA actually uses a sliding scale of dilution and attenuation facWrs ranging from as low as 6 up to 32,~ so the HRA chose the /east conservative factor, not the most conservative as is implied. invariabl leach metals more a c~w, .,~ field are ,_mfounded_. The I-IRA repeatedly states that its use of TCLP leaching values as a predicWr of leachability of the TAP/natural aggregate mixture is a conservative assumption because 'it is well documented that the TCLP ~o EPA, 50 Federa/Reg/ster 48902, November 27, 1985. u EPA, 50 Federa/Reg/ster 48901. November 27, 1985. 18 exu-action procedure, which uses acetic acid. is much more aggressive than rain or stormwater" (See HRA page ES-14). This assumption represents a gross over-generali?ation that is not supported by available laboratory or field data that compares leachability using the TCLP to: (a) leachabili~ using distilled water or a weak acid rain solution, applied to either (1) raw combined ash or (ii) treated combined ash; and (b) actual field leachates at ash disposal sites. These data are discussed below. ~2 (a)(i) TCLP vs. water leach tests on raw combined ash: In 1990, EPA conducted a study of laboratory extracts of ash from five US incinerators, directly comparing the TCLP test~3 with extraction tests using distilled water CDH20-) or using a weakly acidic synthetic acid rain solution ("SAR"). ,4 ,2 An additional concern with the use of only TCLP data is the extremely limited amount of TAP test data using the TCLP from which "maxim. m" values are derived. Based on a review of test data submitted to IdPCA by MSC {conducted by Braun Environmental Laboratories, data sheets dated 8/23/90), it appears that the TCLP values used in the HRA are based on a single two-day sampling event, from which only four samples were taken for analysis. Given the enormous heterogeneity of raw ash, both within a given batch of ash and over time due to changes in input waste, and the potential for additional batch-to-batch variability to be introduced through treatment, there is no reason to believe that these data represent the maximum or even average levels of TCLP leaching of TAP. ~3 The TCLP test actually employs two different extraction solutions. The "FCLP1 solution" is used on wastes of low to moderate alkalinity; the ~LP2 solution" is more strongly acidic, and is used on wastes that are relatively more alkaline. Generally, County incinerator produce aC~lm~bh~,,eda~-fr~°-m~ f_a._cl}i~ ~es Ii. kc the ,H. ennepin extraction usin~ the TCI.~ ~,~,~e,~ ~.. ~.~x,, aha. meretore wotua require .... · .,-,~v~. ~.~lVe.~l lne ro rle rill treatment rocess an P p rary ture of the TAP reveal whi~p~r "- J~ d the .fact that the records of the TAP TCLP tests do not TCLP2 r~u.cuu was used, the comparison here will be to both TCLP1 and {COt;~tE]~P,.,A.~an~d_.__.C_o_a~..tion,.o.n_ Resource Recovex~ and the Environment ,, ,.,,,u~ uc;tenzarlon oj Municipal Waste Combustion Ash, Ash Extracts, (continued...) 19 This comparison, shown in Table V, reveals m~merous cases in which metals leached from combined ash at higher levels using distilled water or synthetic acid rain. or both. than using one or both TCLP solutions. Of the eight metals shown in Table V, such cases were found for ash from at least one, and usually two or three, of the five facilities tested. For all of the eight metals tested, such cases occurred with ash from at least one facility having acid gas scrubbing (and therefore resembling the Hennepin County incinerator). 15 Clearly, these data demonstrate that the }iRA's assumption that the TCLP always produces worst-case leachate values is wholly unfounded. ~4(...continued) and Leachates, EPA 530-SW-90-029A, Office of Solid Waste and Emergency Response, Washington, DC, March 1990 (hereafter "the CORRE study"). The five facilities, designated A through E, have the following air pollution control devices (APCD): A Acid gas scrubber + baghouse T..... ~,,~,-,, on + b~hous~e~rJ . facilities A, B and E most closely resemble the Henneptn Given_that. ....... ,, ....lime-based reagents to neutralize _aci~ County facility ..ua mat m~c~._~,,~,.. ~.A,o *~,e chemical nature of the resul .t~. g Hlat clr'amatlcauy ~u~.~ ~,- ii1 ttle gases -- a step . __ - ~t____ r. eili,4~ are ,~robablv the most relevant ash -- test data ior mese u~cc ~,._- ,~,.,~ ~- ~ following comparison. r tile raw asll il-Om ~ ~,.~-r - aol)arently are not avafla?le_ .fo,_~,__a ,o,o o ,~er-based test, have been -- erator;, only tests using lvic-~, uu ~o__~, ~ .... m the ash at incin that lead leaches fro It .is im rt__~nt to note, however, released, po The average lead level for the first three s Method 1312. ers of testing unaer m_~ ~-~-o ~----~ level s e~ quart ....... ~-- ~ in excess of the _ pe~n. ~ul~e~'the TCLP (5,000 mcg/L) that designates a magenta u~ ~ ,~ hazara 20 (a)(ii) TCLP vs. water leach tests on treated combined ash: Apparently. the only leaching data available on the treated ash product {TAP) from the Hennepin County incinerator are those using the TCLP.'6 Thus, a direct comparison of TCLP and water or SAR leach test data conducted on TAP is not possible. However, EPA has been conducting tests on combined ash treated using a variety of treatment processes, the results of which are summarized in a draft final report.~7 Most of these treatment processes entail mixing ash with 1/me-based reagents (portland cement or cement ldln dust) and various additives. The treated ash from each of these processes has been subjected to both the TCLP and a distil/ed water leach test. The results indicate that for three of the four heavy metals compared in the report -- copper, lead, and zinc, but not cadmium -- most or all of the treatment processes produced a material that leached approximately the same or more metal when extracted with distilled water than when extracted with acid using the TCLP. In particular, for three of the four treated ashes, lead leached at higher levels using, distilled water than using the TCLP -- in two cases at much higher levels. Thus, the fact that the Hennepin County incinerator's ash has been treated does not mean that the TCLP is the most aggressive test: the data Just discussed suggest at least a reasonable likelihood that water-based tests would produce greater leaching, at least for certain metals. (b) TCLP v~. actual field leachates from ash monot~ll sites: The I-IRA's claim_ that use of data from the TCLP test is a "worst-case" assumption also implies that, compared to what would happen in the field, ~6 Numerous attempts were made to determine if data using other test procedures, such as distilled water, synthetic acid r~tn, or Method 1312 tests. were available through either MPCA or MSC. These attempts did not uncover any such data. ~7 Kosson, D.S. et al.. USEPA Program for Evaluation of Treatment and Utilization of Municipal Waste Combustor Residues: Phase I, Laborotory Testing of Vendor Processes, Office of Research and Development, Cincinnati, OH, draft final report dated November 1991. 21 that is. in settings where TAP is utilized, the TCLP over-estimates leaching. A review of availnble data do not support this sweeping conclusion. The 1990 joint study by EPA and CORRE examined field leachates from ash monofllls, as well as ash extracts from 5 faciLtties derived using the TCLP and a similar acetic acid-based test called the Extraction Procedure. or EP.~8 This very limited sampling of field leachates found that the levels of lead and cadmium were generally considerably lower than those found tn the E~ and TCLP extracts; however, .field leach~_t~- levels of other metals were significantly underpredicted or at least not appreciably overpredicted by these tests. Table VI compares average field leachate levels with average EP. TCLP1, and TCLP2 extract levels. These data show that the EP and TCLP tests in some cases actually greatly tw_derestimot~ci the field leachate data: for arsenic and selenium at Facility A; and for barium and manganese at Facilities B and E. In other cases, the extracts were quite close to field leachates: for chromium and manganese at Facility A~ It should be noted that Facilities A, B, and E are the three facilities examined in the EPA/CORRE study that use acid gas scrubbing, and therefore most closely resemble the Hennepin County incineraWr. ~n~i~a~h~_~'~s,~'~-~)-S'~-90-029A, Office of Solid Waste ana j~mergency Response, Washington, DC, March 1990.' .... ~-~ ~o~i~ xue~e, couectecl at o111~ O:le tetuu u~ u..~. _ ., ints in time; most ox mc uau u~~ -.--; ti Y f ash. oloperation~ and so were not representauve of the long term behavior o o0 ~ °., .°°' '°° 00~o .~o00o 0 0 · TABLE III: CORRECTED VALUES FOR MCLs AND AWQCs USED IN MSC'S HEALTH RISK ASSESSMENT Metal MCL Listed Correct AWQC Listed Correct in HRA MCL in HRA AWQC* Arsemc 50 50 190 190 Barium 5000 2000** --- --- Cadmium 5 5 10 1.1 Chromium 50 100 50 11.0'** Lead 15 **** 50 3.2 Mercury 2 2 10 0.012 Selenium 10 50 10 5 Silver 50 100'**** 50 0.12 Copper Zinc 12 110 All values are in micrograms per liter (mcg/L). * Values are EPA's chronic, fresh water, _n_mbient water quality criteria: at a water hardness of 100 mg/L measured as CaCOa. Criteria for cadmium, trivalent chromium, copper, lead and zinc are hardness- dependent; values for these metals at a water hardness of 50 mg/L (the other "standard" value for hardness) are lower, approximately half of the values shown. ** Final MCL published at 56 Federal Register 30266, july 1. 1991. *** Value shown is for hexavalent chromium; value for trivalent chromi~am is 210 mcg/L. **** EPA recently changed the drinking water standard for lead. The standard for lead was reduced from 50 mcg/L to an action level that specifies that no more than 10% of standing tap water samples may exceed 15 mcg/L; this requirement is intended to ensure that drinking water supplies achieve an average lead level of no more than 5 mcg/L. 56 Federal Register 26460, June 7, 1991. EPA has also set a Maximum Cont_a_mi~ont Level Goal (MCI,G) of zero. ***** Value shown is a secondary MCL for silver; EPA recently deleted the primary MCL for silver and established the secondary MCL; see 56 'Federal Register 3526, January 30, 1991. TABLE IV: SOME NON-CONSERVATIVE ASSUMPTIONS USED IN THIS AND OTHER HRAs Many chemicals have yet to be tested sufficiently for toxicity: in the absence of data ~iffirmatlvely Indicating toxicity, the chemicals are assumed to pose zero risk. In the HRA, all chemicals present in the ash other than the eight heavy metals and 2.3,7,8-dtoxin are assumed to have no toxicity whatsoever,x Many chemicals cause health effects for which standards have yet to be developed. For example, 2,3,7,8-dloxin is regulated only as a carcinogen, even though it is known also to cause numerous other health effects (e.g., on the immune system) at very Iow doses; these other effects are not considered at all in this or other HRAs. Humans and other organisms are simultaneously exposed to numerous toxic substances present in ash. Each chemical is assumed to act Independently of ail the others; that is, the cumulative impact of exposures to all such chemi_oo[q is a~sumed to be additive, even though the effects may in fact be synergistic (or antagonistic). The ash roadway is assumed to be the only source of exposure to the chemicals evaluated in the HR~ In comparing exposures resulting from the ash roadway to .regulatory standards, the HRA deems a chemical "safe" if the level of exposure does not exceed the standard. But the standard represents the acceptable level of exposure from a/l sources, not only the ash roadway. There are numerous other sources of exposure to the same chemicals present in ash. and even ff the ash exposure does not itself exceed the standard, it may well contribute to cumulative exceedances of the standard. The HRA does not consider these other sources of exposure. Most toxicity data are derived from animal studies, not direct human studies. Generally, however, only one or two rodent species (rats and mice) have been tested; it is possible that humans may be more sensitive to a particular chemical thai1 either rodent species tested. ' In some cases, the HR2, fatl.q to include estimates of risks for certain chemicals even where there are known health effects. For example, when characterizing risks from inhalation of airt:~rne parti~, _the._ ~HI~_,_ ,e~___ti~na~_m~" enic risk for cadmh,m- but assumes no non-carcmogem_c rm~ ~.~a: ~ a carcinog - e Tables 5-1 through 5-3, pp. a?--a-9). Yet inhalation of cadmium is imown to caus or contribute to non-cancer diseases, including emphysema and other lung _ailments. Human subpopulations may be more sensitive to particular chemicals than is the general population or the species on which testing was conducted. These sensitive subpopulations are not treated difl~erenfly in HRAs than is the general population, however. The HRA uses reference doses (R/Ds) as the standard of comparison for exposures to non-carcinogenic chemicals. Reliance on RIDs, which are based on risks to the general population, may not adequately protect sensitive subpopulations. (51 Federal Register 1627. January 14, 1986.)2 Virtually no consideration is given to environmental effects; these effects may occur at levels of exposure lower than those affecting human populations, as evidenced by the fact that ambient water quoitty criteria for several metals are set at levels considerably lower than human health-based dri~g water standards. Note that the HRA erroneously states that RfDs protect sensitive subpopulattons as well as the general population; see HRA page 29. C TABLE VI: COMPARISON OF ASH MONOFILL FIELD I.F~ACHATES WITH ACID-BASED LEACHING TEST EXTRACTS ................... As Cr Mn Se Facility A Leachate 171 13.7 1,559 147 EPTox 15.5 42 3,086 ND TCLP1 ND ND 0.82 ND TCLP2 ND 12.2 2.997 ND Facility B Ba Mn Leachate 9,220 17,600 EPTox 240 821 TCLP1 1,030 2.3 TCLP2 418 1,237 Facility E Ba Mn Leachate 3,025 17,800 EPTox 193 3,274 TCLP1 265 1,609 TCLP2 319 3,554 [ND = not detect_~hle] All values are in micrograms per liter. july 20, 1990 To the 'Mayor and City Coundl of the City of Dayton: Hon. Mayor Corcoran and Councilmen: Enclosed is a resolution which embodies the recommendation of the Ash Utilization Demonstration Project Task Force, which was appointed by the City Council, following its extensive study of the draft permit and all information available to it at this time. We appreciate the opportunity to advise the Council on this matter, and after thorough discussion and study, we make the following recommendations to the City Council: The application for a permit should be denied at this time, because accurate standards have not been determined for the protection of the health and safety of people and agricultural products, including standards for ash utilization, surface water standards, standards for petroleum testing of TAP-laden asphalt, and transportation standards for ash and TAP. In addition, the application for a permit does not contain adequate Plans for storage of TAP other than the test storage site, for worker safety, for recycling, and for ultimate removal of the TAP-laden asphalt. Further, no bond has been proposed or required to cover removal of the TAP, should it be proven hazardous, or for any consequential damages to landowners and others. f'~ The Task Force further recommends that all possible efforts to be made induce the Minnesota State Legislature to increase f...~un_ding for the Minnesota PCA, particularly irvthe~rea- of- funds- for-e~ent~. W~ have serious conc~6'ffC~ti~brra~ ~he ;~bility of the PCA to enforce a permit such as this one, should it be issued,.~. (,....p~ticularly if no bond is required of potential applicants. ~ The Task Force further strongly recommends a moratorium on any further applications for a permit for an ash treatment facility until (1) a permit application is made and a permit is drafted and issued which provides for the above concerns; and (2) adequate testing has been completed and all required test results have been released, including a road test of at least seven years in duration. The Task Force further recommends to the City Council of Dayton that it immediately examine its policies for acceptance of rezoning applications and other applications for permits for industrial facilities in the City of Dayton to determine what standards should be met in dealing with hazardous materials and what bond requirements and application fee requirements should be set for all such applicants. It should actively seek the assistance of the League of Minnesota Cities, the surrounding municipalities, and other Minnesota municipalities which have studied such issues and reached conclusions relating thereto in formulating uftiform, non-arbitrary standards to be set by the City of Dayton for future development. It should actively seek citizen input in this connection, including input from the governmental agencies entrusted with the duty of providing for the health and safety of the citizenry and of the industries and businesses already located within the City of Dayton. The Task Force further strongly and enthusiastically recommends that the City and County work more aggressively than they already do to encourage information, citizen education, and citizen participation in recycling, including hazardous waste collection and recycling of plastics. We have been advised that there are programs available through Hennepin County which could assist the City in such programs both financially and through programming, and encourage the City to utilize all available resources. In regard to the proposed utilization of incinerator ash, this would help both to reduce the volume and toxicity of the ash produced in the HERC facility, and would have a long-term beneficial effect on the landfill problem as well. Thank you for the opportunity to be of service. ASH UTILIZATION DEMONSTRATION PROJECT TASK FORCE 'iFASil I~O][C~ I~I~SOLLFIFIION, July 19, 1990 BE IT RESOLVED, that the application for a permit should be denied at this time, because accurate standards have not been determined for the protection of the health and safety of people. If, notwithstanding the above, the Minnesota Pollution Control Agency decides to issue a permit at this time, the Task Force recommends the following minimum requirements for such a permit: 1. Citizens Review Board. A Citizens Review Board shall be established to review all Plans required by the permit, all test results, and any changes to the permit or determinations of whether testing shall continue or is adequate to allow further use of TAP or construction of a plant to produce TAP. For any significant proposed change to the permit or any Plan required to be submitted pursuant thereto, there shall be a public comment period of not less than thirty days. 2. Length of Testing. Tests shall be devised and standards set to determine the effect common road chemicals such as road salt, gasoline, oil, and antifreeze have on TAP, and such appropriate tests shall be run periodically (monthly for air, soil, and water runoff tests) in varying weather and rainfall conditions and analysis thereof shall be part of the final report of the test results. The testing period should run for a minimum of seven years, or until the TAP has deteriorated to a point where safe road management requires replacement or repair, whichever is first to occur. The test should not be conducted until adequate tests are identified and standards are defined to determine the effect of petroleum spills upon the TAP and the long-term deterioration of the TAP pellets. No consideration shall be given to full-scale usage until the entire seven years of the test have run. 3. Exclusion of Fly Ash. Fly ash should be excluded from the TAP, and all ash, whether fly ash or combined ash, exhibiting characteristics of a hazardous waste should be excluded. There shall be specific plans for separation of rejected ash and ongoing testing to assure that no rejected ash finds its way into the test material. If it is not possible to exclude fly ash from the currently-proposed test, a control test shall be run concurrently with the proposed test strip to test TAP made without fly ash and all the same tests shall be run as for the control strip and the TAP with ash strip. 4. Total Composition Testing. Total composition testing and identification of all chemicals in the ash shall be required, before incorporating the ash into the TAP, before laying the TAP, upon final disposition of the TAP, and by periodic core samples throughout the test, and complete records comparing the sets of test results shall be maintained. Alleged test results previously announced by USPCI vary greatly from recent HERC test results. No test of incinerator ash substantially different in composition from current testing shall be used as precedent in any future permit application for either manufacturing facilities or use of TAP. 5. Toxicity Standards. No TAP shall be used which exceeds the EP toxidty standards set by the federal government. The minimum standard for determination of whether a hazard is created upon subsequent testing of the ash and of the TAP shall be based upon the stricter of the public drinking water or private drinking water standards, as to all heavy metals, including lead and cadmium. In addition, a plan shall be developed by the Minnesota PC^, upon final acceptance of the surface water standards currently under its consideration, to test the wetland areas and surface waters within one mile of the test site at least annually. 6. Highway Employees, Safety Measures. Before. ',,~.e tr-ansporting--of~ ~JL~Otta~n ash or the laying of any TAP, all employees who will come~_th the.ash or TAP shall be fully advised of an~~ropri.ate.s,a, fe. ty. measures to be taken, and ~~.o ce,cl._,,H_t_o_t_a_l composition testin~°.,n. _s~h~l- o_c_c~_r even if le ha t .... . Permanent notices shall be posted at the test site visible in each diredion advising of the presence of the project and where to obtain further information. The form of such notices shall be submitted to the MPCA and the Citizens Review Board and approved before installation of any TAP. 7. Core Borings. A minimum of five core borings shall be made along each side of the test site, and shall be deep enough to ensure that at least three feet of day underlie each site. If at any boring site the clay shall be thinner than three feet, the test site shall be abandoned. 8. Bond, Damages. A bond shall be posted by USPCI in the amount of 120% of the estimated cost of complete removal and safe disposition of the TAP if it were to be proven hazardous. No part thereof shall be released to the company until (a) the project has been terminated and shown not to have caused any uncompensated damage to landowners, tenants, businesses, and residents, and (b) the TAP has been completely removed and properly disposed of or safely recycled. Any land owner required to hold money in escrow following a sale because of the existence of the project shall be allowed to draw upon said bond for such purpose. A landowner, tenant, resident, or business owning any crops, livestock, well, septic system, or other assets damaged or diminished in value by said project shall be compensated for the full value of replacement of said damaged items or reduction in value. Standards shall be set for all agricultural and dairy products grown or from animals grazing within two miles of the test site, and tests shall be run at the permittee's expense to assure that no toxic materials have been incorporated into those products from the TAP before any sale shall be allowed. Should any residential, commerdal, or agricultural land be rendered unusable or unsalable because of contamination from the test demonstration project, the owners thereof shall be compensated therefor at current market values. Well testing and other reasonable tests shall be performed, at the expense of the permittee, for all persons residing or owning businesses within one mile of the test site, if they are requested by such persons, and no more frequently than annually for any one person. Should any well test indicate contamination of the water source of such person, exceeding Minnesota toxicity standards for such wells, new water sources shall be identified and provided for such person, at the expense of the permittee. The cost of any expert witness fees required to prove such contamination shall be paid by the permittee, if the ultimate determination is that the well has been contaminated by the project. 9. Transportation Standards. Article V, Section B of the Draft Permit shall be changed to read as follows: Standards shall be set prior to the installation of any TAP for transportation of all ash and/or TAP from any incinerator and from any storage site to or from the pilot plant in Georgia and to any future treatment plant, including complete containment of all such ash and extreme caution in transferring the same from trucks to storage fadlities at such treatment plants. Procedures shall be devised to be followed by drivers in the case of any accident or spillage, and each driver shall be trained in such procedures. The Minnesota PCA, USPCI, and the Citizens Review Board shall be notified of any such incidents within 48 hours of their occurrence. 10. Removal Plan. A plan shall be formulated prior to the installation of any TAP which will provide for a fast, complete, and effective removal of all TAP from the test site in the event the testing provides information that the presence of the TAP is hazardous, and standards shall be set for identification of interim test results which would require the immediate removal of the TAP from the roadway. The Plan shall provide for removal of contaminants from surrounding waterways, soil, buildings, agricultural products, and aquifers, and shall be coordinated with the safety procedures to be utilized by any employees handling the TAP. 11. Ultimate Disposal or Recycling. There shall be incorporated into the Closure Plan, Item X, page 12 of the Draft Permit, a Plan for ultimate disposal or recycling, which plan shall be formulated before the TAP has been applied for the ultimate disposal of the TAP, at such time as the road has deteriorated, which include spedfic proposals for removal, recycling, tracking of hazardous materials, and ultimate procedures for safe landfilling of any hazardous or nonrecyclable material. Any material that exhibits characteristics of a hazardous waste shall be disposed of in a manner appropriate for hazardous waste. The locations of such fa. cilities, and the total costs of such hazardous waste disposal and handling, shall be part of the Plan. Unless a significant portion of the TAP can be recycled and the ultimate volume and toxicity of material to be deposited in landfills will be less than it would have been had the ash not been incorporated into the TAP, no TAP shall be installed. 12. Moratorium. There shall be a moratorium on plant siting, on any further consideration of applications for permits, and on environmental impact studies or statements until all tests described in the permit are completed and fully analyzed. No large expenditures should be made and no permit application shall be accepted by the MPCA until a determination is made that the utilization of TAP for roadway asphalt is safe and economically feasible, so that the argument cannot later be made that because a great deal of money has already been spent, a bad project should be completed to avoid waste. Star Tribune [[ Es~blished 1867 · Roger Parkinson Publisher and President · Joel R. Kramer Executive Editor .. Tim J...McGuire Managing Editor Robert J. White Editorial Editor . .~'. ' '" Tuesd y~Aug ;1~ '~ ' a ust 21/1990 . Healthy.skepticism on turmng ash to asphalt i; it safe to pave I~cai roads With i;cinc~at~r;~h;';'"~eet fe.~eral.lead h.'milA · ,That question should matter to every person who views that those Emits ;ma~' not oe sumcieat to i:irives Minnesota's highways or strolls its curb- protect health. '.AS the road 'yields.t(~.traffic ahd !gdes. And until the answer is plain, drivers and ' harsh v~eather;. ~y fear, .the asphalt 'Could be ~strollers should resisi Hennepin County's enthusi- asm for turning ash from its downtown incinerator . into asphalt. At this point,, the plan to test the idea !this year on a county road looks hasty and risky. ;The Minnesota Pollution Control Agency (IvlPCA) should defer it until public doubts are addressed. ;kt first glance, the ash-to-asphalt deal looks like a neat way to make tons of incinerator waste disap- bear. That bit of magic depends on a Georgia firm, Municipal Services Corp., that says it can change dangerous ash into innocuous pellets for use in load paving. To prove its case, the company wants to test the ash-laced asphalt on a 1,000-foot strip of County Rd. 81 in Dayton. The two-year experi- ment could be the first step toward paving other county roads -- and ultimately, roads all over the state -- with ash pellets. The MPCA citizen board is scheduled to decide in late September whether to approve a permit for the project. ~,11 .of this has made some of the folks in Dayto'n fretful, and for good reason. They complain that the pellets slated for testing will include fly ash -- smokestack residue which often contains hazitrd- clus amounts of lead, cadmium and Other heavy ~!.etals. Though the asphalt itself is expected t0just ground into a toxic powder' Which cohld COntami- nate soils and waterwiys"-'and '{vhich playing children might swallow and inhale. The project's defenders insist that won't happen, and that extensive tests will assure thc 'experi- ment's safety· But several environmental groups have pointed to holes in the draft permit for the project: It prescribes no tests for measuring the amount and effects of dust that may wear off thc road. It lacks a requirement, included in earlier drafts, that a sedimentation .basin be built to monitor and contain runoff from the road. And the environmentalists criticize the experiment's two-year time span'-- too short a duration, they say, to determine whether the asphalt will hold up safely over time. Those concerns are echoed by 32 : state legislators, who have urged the MPCA to'! deny the permit until thc flaws are fixed..~.. ' - - County Commissioner left Sparta. tance to the Daylon test as snorer case .or. me .[ "NIMBY" (not in my back yard) .syt~o... me..B,ut · Da~onians are ri~.t to insist ..that..tl~_ "and thorough. Until that. deni~! ~ met, stepti--'j ..: .- ',.?.-. :.. %*.'?~':..'~'.-.' .-.:. *'.'. " ' '.~'::~'; ~' *' :'~ "::' · ." ..... '-~.-': --,~.L:.~'..-'*-;;'" ' ..... ' publication of Work On Waste USA, Inc., 82 Ju0son, Canton, NY 13617 315-379-g200 December 13. 1990 North Dakota Department of Health denies landfill permit for Minneapolis ash On December 21, 1990, the North Dakota Department of Health denied a permit to Municipal Services Corp., a subsidiary of the United States Pollution Control Incorporated (USPCI) to dispose incinerator ash from Minneapolis' 1.000 tpd mass-bum incinerator at the Sawyer, ND, landfill. The public comment period ran from November 3rd through December 10th with a public hearing held in Sawyer on Nov 28-29. According to Dave Kmshe of Clean Water Action in Fargo, ND: "Minnesota's Hennepin County tried to ship this ash to Day, on, Medina, Dodge County, and Hopkins in Minnesota. They refused. Now North Dakota says no." Clean Water Action, Dakota Resource Council, Concerned Citizens for Clean Water (based in Sawyer, ND), and Citizens for Recycling (based in Minor, ND) worked together to raise concerns about the permit. These groups, representing citizens across both states, contend that ash is a hazardous waste and can not be buried in areas that recharge groundwater supplies. For more information contact Dave Krushe in North Dakota at 701-235-5431 or Frank Hornstein in Minneapolis at 612-623-3666. For a copy of the full decision from the ND Dept. of Health please send a 45-cent SASE to Waste Not. Excerpts from North Dakota's State Department of Health & Consolidated Laboratories "Findings of Fact Conclusions of Law and Order", dated 12-21-90. Background. "Municipal Service Corporation (MSC) of Kennesaw, Georgia, and Sawyer, North Dakota, owns a landfill site for disposal of non-ha:~ardous industrial solid waste which is located in the SW Quarter of Section 19, Township 152 North, Range 81 West, Brillian Township, Ward County, North Dakota. M SC has petitioned the North Dakota State Department of Health and Consolidated Laboratories (Department) for modification of the current landfill permit to include changes in the construction, operation, closure, and post-closure maintenance of the site and to dispose of municipal waste combuster (incinerator) ash in the modified landfill." X. "Based on the hearing and comment period record as a whole, the Department finds that municipal solid waste combuster ash as proposed for disposal in the modified facility contains certain constituents known to be toxic to the environment and humans. Among these constituents are the heavy metals: lead, cadmium, and mercury. XI. "Based on the hearing and comment period record as a whole, the Department finds that lead is highly toxic to humans, particularly to pregnant women and their fetuses and to preschool-age children. Recent medical research indicates that even low levels oflead adsorption by children may result in :~ermanent damage including damage to the nervous system. There is no clear 'threshold level' at which lead levels in the bodies of children begin to produce adverse effects. These findings promoted proposals by the Environmental Protection Agency to lower the maximum contaminant level (MCL) for lead in drinking water and for the Center for Disease Control to lower its action level for blood lead levels in children. Lead is also a classified possible human carcinogen. X ll. "Based on the hearing and comment period record as a whole, cadmium is a known renal toxin and is also a probable human carcinogen. Printed on recycled paper, naturally - XIII. "Based on thc hearing and comment period record as a whole, mercury can cause damage to n developing fetus and can cause brain and kidney damage in children and adults. Mercury tends to undergo 'bio-magnification' in the environment wblch may result in concentrated levels in humnn foods such as fish. XIV. "Based on the hearing and comment period record as a whole, certain geologists including a representative of the State Geologist, believe that the site of the landfill poses environmental problems because of the presence of groundwater aquifers in lignite beds unlerlying and adjacent to the site. Conflicting testimony was received regarding potential groundwater flow velocity within the lignite beds and through the clays underlining and surrounding the site. Some geologists feel the clay and lignite bed~ are highly fractured and that if leachate from the landfill were to escape the landfill cells, it could move more rapidly than represented by M SC. X V. "Based on the heating and comment period record as a whole, a substantial amount of both underground and surface mining of lignite coal has occurred in the vicinity of the landfill site in previous years. Several former coal miners who worked in the underground mines in the area of the site contend that the area is more significantly undermined than indicated in information provided by the applicant. Presence of underground mine works could threaten integrity of the landfill cell liner system and could provide routes for movement of any leachate which might escape the cells. XVl. "Based on the heating and comment period record as a whole, thc site is an area of high topographic relief near thc head of a large coulee system which eventually drains into thc Souris River. Flood conditions and erosion pose a threat of contamination of surface waters and soil. XVII. "Based on thc hearing and comment period record as a whole, airborne distribution of ash from the site poses a threat of soil contamination with heavy metals, particularly lead, which could be toxic for both animals and humans. This potential exists even in consideration of the fugitive dust control measures as proposcd by thc applicant. XVIII. "Based on the heating and comment period record as a whole, containment of wastes and i~achat~ in the landfill are highly dependent upon design and technologicui features of the landfill and proper operation of the facility as well as proper closure mad long-term post-closure maintenance of the site. Actual experience with municipal solid waste combuster ash monofills utilizing the proposed liner and cap systems is limited (less than five yea'rs). This limited actual experience is not sufficient to indicate that the containment features will not fail prior to represented time periods. XIX. "Based on the hearing and comment period record as a whole, two methods of transportation (rail and track) of the wastes are required prior to disposal. The length of and switchover of transportation methods presents a higher potential for environmental spill and contamination than with less distance and withbut a transportation switchover. XX. "Based on thc hearing and comment period record ns a whole, thc Deparlmcnt hats significant concerns regarding the compliance history of the United States Pollution Control Incorporated (USPCI), the parent company of Municipal Services Corporation. USPCI Ires been cited for a variety of violations of environmental roles at waste sites operated by the company in both Utah and Oklahoma. Many of these violations are of thc type that could be encountered at this proposed fadlity. XXI. 'Based on the hearing and comment period record as a whole, MSC indicated that it would continue disposal even if legitimate and verified contamination were discovered from the site. Such continued contribution to the source of potential contamination could prove injurious to the environment. XXII. 'Baaed on the heating and comment period record as a whole, the Department finds the potential contamination from a facility such as that proposed could re,ah in irreversible environmental damage." ENVIRONMENTAL DEFENSE FUND ,',16 P Street. N\V '\':~shlng',on. DC 20036 20D 3q--3500 N aoOnaL H ea_d q~a_r t er_s_ 257 Park Avenue South New York. NY 10010 (212) 505-2100 1405 Arapahoe Avenue Boulder. CO 80302 ~ 303) 440-4901 5655 College Avenue Oakland. CA 94618 ~415) 658-8008 1108 East Main Street Richmond. VA _o_19 1804} 780-1297 128 East Hargett Street Raleigh. NC 27601 t919} 821-7793 1800 Guadalupe · ~,ustin. TX 78701 1512} 478-5161 january22. 1992 John E. Derus. Chairman Board of Hermeptn County Commissioners A-2400 Government Center Minneapolis. MN 55487 Dear Chairman Derus: Enclosed please find EDF's review of a Health Risk Assessment of Minnesota MSW-Ash Utilization Demonstration Project, prepared by AWl3 Technologies. Inc.. for Municipal Services Corporation. Based upon my review of the Health Risk Assessment (HRA). I find the document to be severely deficient as a characterization of the human health and environmental risks posed by the proposed project. As described in my detailed comments which are attached, the scope of the HRA is far too limited to serve as a basis for assessing the risks of the project; even ff one were to accept the limited scope, the study contains numerous mistakes and erroneous assumptions, and unjustifiably excludes several relevant pathways of exposure; these deficiencies render it inadequate even as an assessment of the narrow range of risks it does seek to characterize. Let me also indicate the extent of my experience and expertise with respect to the characteristics of ash generated by MSW incineration, and the issue of ash utilization in particular. These issues have been the major focus of my work over the last 5 years as a Senior Scientist at EDF. I have provided expert testimony on these issues on numerous occasions, before Congress. state legislatures and regulatory officials, county and city governing bodies. I have also served as an expert witness in numerous legal and administrative proceedings addressing these, issues, both in the US and Canada. I serve or have served on numerous boards and advisory committees at the federal, state, and local level examining these issues, including committees of EPA's Science Advisory Board. EPA's Ash Treatment and Utilization Advisory Committee. and state technical advisory groups for the development of ash management regulations. I have also published extensively on these topics, including several technical peer-reviewed papers. In july of 1990, I submitted to the Minnesota Pollution Control Agency extensive comments regarding Its proposed permit for the utt,?atton of ash from the Hennepin County facility incinerator in construction of a.roadway in Dayton, MN. The area of ash utilization is in its infancy and fraught with numerous unresolved questions. I have attached a paper I have written that addresses ash utilJzation in general and highlights some of the difficult technical and regulatory issues yet to be resolved. Because it is so relevant to the issue at hand, I reproduce the abstract of that paper here: "As increasingly stringent regulations governing ash disposal are developed, interest is rapidly growing in developing "beneficial" utilization of ash. It is critical to ensure that the risk considerations-that have led to more stringent regulation of ash disposal are not neglected in assessing the potential for ash utt//zatton, an activity that allows the placing of ash or ash-derived products into the general environment, rather than a controlled disposal environment. Research into the feasibility of ash utilization has only Just begun to address environmental and public health concerns. In EDF's view, considerable additional research will be needed to provide a sufficient basis for determining whether full-scale ash utilization can be conducted safely, and ff so, for what applications and under what conditions. In addition, full-scale ash utilization must be preceded by thorough environmental testing and the development of a comprehensive regulatory progr_nm." While EDF is not opposed outright to demonstration projects of this general nature, we believe that a full understanding of the risks involved -- and measures to address them over both the short and long term -- are necessary before proceeding with any such project. The HRA f_~lls far short of providing the critically needed analysis of the f~,ll range of potential h~,man and environmental risks posed by the project. Let me make one final point about the process of preparing and using an HRA: the need for a thorough review by independent experts of any HRA accompanying this project. While I have lden~t~ed numerous concerns through my review based on the areas of my expertise, these issues demand e~__~mination by a variety of experts in other disciplines: these include human toxicologists, ecologists and ecotoxicologists, risk assessm_~mt experts, occupational health experts...epidem. 1olo .g.ists: .ch.lldren's heal_t~__?!~e.~.,.~.~n.d.n~o.. doubt others. In addition, me review snoula araw upon mor~ volunteer time of reviewers like myself. It should ensure that reviewers have the time and resources to undertake a thorough review. My concern is that the applicant has undertaken to prepare an HRA without sufficient understanding or consideration of the full range of issues involved, and that these shortcomings will be compounded unless a variety of experts are involved and compensated in a manner that allows them to justify the considerable time needed to conduct an in-depth review. I hope that my comments are useful to you in assessing this project. Please don't hesitate to contact me ff I can be of further help. Sincerely, Richard A. Dentson, Ph.D. Senior Scientist Enclosures ENVIRONMENTAL DEFENSE FUND 1616 P Strut. NW Washington. DC 20036 {2021 387.3500 COMMENTS OF THE ENVIRONMENTAL DEFENSE FUND ON A "~TH' RISK ASSE,Y~MENT OF MINNESOTA MSW-ASH UTILI~ON DEMON~TION PROJECT" PREPARED BY AWl) TECHNOLOGIES, INC., FOR MUNICIPAL SERVICES CORI~RATION COMMENTS PREPARED BY DR. RICHARD A. DENISON, Ph.D. SENIOR SCIENTIST JANUARY 14, 1992 EDF has reviewed the Health Risk Assessment (liRA) prepared by AWD Technologies, Inc., in support of Municipal Service Corporation's (MSC's) proposal to u~li~-e ash as a wearing surface roadway construction material. Data on the chemical composition of the ash-substituted roadway material indicate that it contntn-~ and leaches far higher -- in some cases, hundreds of ~tmes higher -- concentrations of most toxic heavy metnls than do natural aggregate materials or the soils at the proposed demonstration project. From this starting poinL we find that the HRA is deficient in n~merou$ aspects. Most notnhly, the }iRA: ® ~ to er. amine risks over the full lifecycle of the u-m,-ed ash; fails to ex--amine routine events that increase the rote and magnitude of releases from the roadway during its useful life; · ~_~mtnes cxcluslvely human health risks affecting the general population, f~lllng to consider occupational risks; gives scant consideration to enviro~mental risks posed by the project, despite its expansive claims to be an environmcrlt~! as well as h~man health assessment; · examines only a subset of the chemicals of concern, parUcularly for species other than humans, and uses incorrect toxicity values for ma_ny of these; · grossly distorts thc role of conscrvaUvc ass-mptions in risk assessment procedures: · neglects or downplays several tmportitnt pathways for release of and exposure to ash-borne toxic substances; and · ass-roes without foundaUon that the TCLP leaching fluids invariably leach met_~_ls more aggressively than water or than will occur in the field. Each of these deficiencies is discussed at length in these comments. Taken together, they indicate that the HRA falls far short of serving as a s-fficient assessment of the risks posed by MSC's proposed ash utilization project. ~ITItODU~~ REMARK~ Ash ui~ll=~tion allows the placement of ash or ash-derived products into the general cllvironment~ an activity that involves potential exposures that cxtend well beyond those from ash disposal, both in mal~ltude and duration; the burden of demonstrating the 'safety' of' any such utilization therefore must necessarily surpass a higher threshold. In assessing ash utlll~Uon, it is impotent to const__~ntly keep in mind that the material being utlll~d di~ markedly from the natural material it 2 is replacing. While the engineering properties may be similar (otherwise it would not be a suitable substitute), the chemical composition is very different. In the Present case in which MSC proposes to substitute treated ash product (TAP) for a portion of the natural aggregate normally used in the wearing surface of a roadway, the concentrations of most heavy metals is considerably higher in the ash-substituted materials. Data from the I-IRA (I-IRA Tables 2.1 and 2.5) allow a comparison of both the totnl metal co,~ncentrations and the TCLP-leachable .metal concentrations in the ash-substituted aggregate with those in natural aggregate and in the softs now present in the unpaved roadway. This comparison, shown in the Tables below,~ demonstrates the enormous enrichment of most metals in the ash-substituted material. Only selenium is present in comparable concentrations in the ash-substituted materials, the natural aggregate and the roadway softs. And most metals are much more leachable (using the TCLP) from the ash-substituted materials. For example: Lead would be present in the ash-substituted roadway material at levels almost 160 times higher than in the natural aggregate normally used to pave roads, and 32 times higher than in the existing roadway softs. Mercury would be present in the ash-substituted roadway material at levels 280 times higher than in the natural aggregate and 28 times higher than in the existing roadway softs. Cadmium would be present in the ash-substituted roadway material at levels 22 times higher than in the natural aggregate and 55 times higher than in the existing roadway softs. Based on TCLP leaching tests, arsenic, cadmium, lead, and mercury would leach from the ash-substituted roadway materials at levels about The full data sets are attached as Tables I and II. 3 TOTAL METAI~ ENRICHMENT FACTORS TAP/Agg: Nat Agg TAP/Agg: Roadway Soils Arsenic 9.7 1.3 Barium 9.7 11.5 Cadmium 22.0 55.0 Copper 10.5 11.9 Chromium 1.8 6.4 Lead 156.8 31.6 Mercury 280.0 28.0 Nickel 3.5 6.0 Selenium 1.0 0.5 Silver 4.1 5.6 Zinc 32.3 29.2 3X3LP ~ALS ~NRICHMENT FA~R~,, TAP/Agg: Nat Agg TAP/Agg: Roadway Soils Arsenic 8823.5 1.2 Barium 1.2 2.3 Cadmium 21.5 164.7 Copper 1.0 1.0 Chromium 1.9 5.7 Lead 157.9 0.005s Mercury 276.3 48.8 Nickel 0.8 0.4 Selenium 1.0 1.0 Silver 4.0 2.7 Zinc 1.0 5.0 The enrichment factors represent the n.mber of times higher the concentration of a given metA! in the ash-substituted material is th~n in the natural aggregate or roadway softs. TAP/Agg = 30% treated ash product mixed with 70% natural aggregate Nat Agg = 100~ natural aggregate See foomote 3. 4 8800, 22. 160, and 275 trines higher, respectively, than from natural aggregate,s , As discussed in the comments below, the presence of these metals in the ash-substituted aggregate at levels much higher than in the materials ordinarily used to pave roadS means that the myriad routine procedures and steps involved in road construction, mainter~a_nce, repair, and removal -- activities not normally considered to pose significant risks -- must be wholly re-evaluated in light of the much higher levels of toxic heavy metals. M'4~.IOR DEFICIENCIES IN TH~ HRA 1. The HRA fatls to exnmtue risks over the f~ll lifecycle of the utili?~l ash. Any characterization of risks associated with the utilization of ash must eXamine the full "lifecycle" of such ash. This is essential because the p~tmary constituents of ash that pose h~man health and environmental concerns are heavy met_~ls (e.g., lead. c~dmtt~m) and organic chemicals like dioxin. These toxic chemicala arc permanent or h/tjh/y pers/stent, and as such will pose risks wherever and for as long as they are present in the environment; that is, they travel with the ash no matter what form it is in or how much time has passed since its generation or utilization. s Lead ks the only metal predicted to leach from roadway soils at a level significantly greater than from ash-substituted aggregate. In interpreting this prediction, however, it ks important to understand the probable source of this lead: historical and contin~tng particulate emissions from vehicles using leaded gasoline. While the phase-out of lead in gasoline has reduced these emissions considerably, leaded gasoline still accounts for about 9 percent of total US gasoline cons~mption (EPA, "Lead in Gasoline," data for 3rd quarter of 1989), and pre-1975 vehicles and farm vehicles of any age may still use leaded gasoline (42 U.S.C. section 7550). Thus, even on the paved road, lead particulates will still be acc~mulatlng. The }IRA fails to account for this source of lead when comparing the paved and unpaved roads. 5 U~l!ke the HRA. this lifecycle begins long before actual utm~ation of the ash. 'Upstream' stages in the lifecycle that need to be explicitly considered in an HRA include: · the handling and storage of ash at the site of generation; · the treatment of ash to render it suitable for utilization, including the disposition of any emissions, residuals or by-products resulting from treatment; · transportation of the ash between the sites of generation, treatment, storage, and actual utilization; · 'actual placement of the ash into the environment in the form in which it is uttlt=~-d (in this case, as a roadway material), including steps to clean storage and placement equipment and deal with residuals from the placement process; and · fate of the ash during actual use. The lifecycle of the ash does not end with its utilization, however; it is Just as important to address risks that may arise after the useful life of the utfll~-d ash. These "downstr_~_m" stages include: · breaking up and removal of the roadway matert_ols; * fate of residuals remaining after removal of the bulk of the roadway materials; transportation, intermediate storage and procesalng of the removed roadway material; ultimate disposition {e.g., disposal material; and 6 or recycling) of the roadway ~the...roadway material Is reused or recycled, all of the above steps for the material throughout its "new" lifecycle, It is critical to recognize that the HRA examined only one of these many lifecycle stages: the fate of the ash di;ring ac_~_~_ol_ use. Our knowledge about the chemical and physical characteristics of ash indicates that many (ff not all) of these other stages are at least as likely to pose risks to human health and the environment as is the actual utiltTation stage. Indeed, the opportunities for dispersal of ash and its'associated toxic chemicals are almost certmnly greater on a per-unit-of-time basis for many of these other steps, and. they may well contribute more to overall releases, exposures and risks associated with ash utilization than the presence of ash in roadWay material during the useful life of the road. [This is not to say that the actual proposed use of the ash is without sig~i6c~r~t risk; as should be dear from the remainder of these comments, EDF has serious concerns about the specific use to which ash would be put under this proposal, in particular that it would be placed in the wearing surface of the roadway. Numerous other proposed projects to use ash as a roadway material take the far more prudent approach of placing the ash in subsurface materials, rather thmu in direct contact with forces of constant erosion (traffic, air, and water).] At best, the HRA can ~_l~m to represent an assessment of risks associated with one very limited stage in the full lifecycle of utilized ash. As will be clear from our subsequent comments, however, even this claim is not Justified. 2. .The HRA fails to e~mtne routine ~vcots tho_t incre~.~e the rate and ma~nitude of releases from the roadway durinff its useful life. One major premise behind the exposure considerations of the HRA is that, once the road material is. put in place, releases would occur only through two routes: gradual erosion of material due to wearing of the surface, resulting in air emissions in the form of particulates (i.e., dust); and 7 leaching of metals into water that comes into contact with the surface of the road. The HRA's analysis of both of these pathways assumes that the road surface stays entirely intact during the entire time it is in place, and therefore that releases come only from the uppermost surface of the roadway. This is obviously a wildly "best-case" assumption: Over time, road surfaces can be expected to develop cracks and potholes that would expose more of the ash to wind, water; and vehicular erosion. Road surfaces are frequently disrupted through construction and repair activities, for example. when a new sewer line is installed beneath the road. This activity would entail a variety of additional pathways for exposure during the removal of the material using Jackhammers and digging equipment, and while the surface material is absent: dust generation, p0nding of water tn contact with the ash, movement of loose pieces or particles during heavy r_mn, etc. Extreme temperatures (e.g., freeze-thaw cycles) can also cause distortions and buckling of road surfaces. Other routine activities would increase the rate of release of as.,h, particles and/or their toxic consUtuents. Snow and !ce re~_ _oval ac.tivl_U_~_..w~,.d to some extent scour and enhance erosion of the surface of the roaa, aa cum street sweeping or other periodic cleaning activities. The former activities can also create or enlarge breaches tn the road surface. routine occurrences, resulting in underestimation ol rtl _e_ases wr even _ phase of the lifecycle examined tn the HRA. The only assumea cause particulate emissions from the roadway surface is vehicular traffic__ (s~ees ~ -'~'-e 32I. Even though the HRA acknowledges that EPA recomm~nu _ ~c"~ual site-specific dust generaUon data be collected and used in performing an assessment (an approach that would account for the types of disrupUve acUviUes described above), the authors of the HRA chose _,l,nstead to u_se ~"~a~, empirical equaUon that is based solely on traffic vol,_,me (HRA pa~e thereby assuring that these activities would be excluded. 8 A lxl~i~ ot Work On Waste USA. Inc.. 82 JucJson, C~mon, NY13617 315-379-9200 December 13, 1990 North Dakota Department of Health denies landfill permit for Minneapolis ash On December 2 !, ! 990, the North Dakota Department of Heahh denied a permit to Municipal Scr¥ices Corp., a su~idiary of the United States Pollution Control Incorporated (USPCI) to dispose incinerator ash from Minneapolis' !.000 tpd mass-bum incinerator at the Sawyer, ND, landfill. The public comment period ran from November 3rd through December 10th with a public hearing held in Sawyer on Nov 28-29. According to Dave Krushc of Clean Water Action in Fargo, ND: "Minnesota's Hennepin County tried to ship this ash to Dayton, Medina, Dodge County, and Hopkins in Minnesota. They refused. Now North Dakota says no." Clean Water Action, Dakota Resource Council, Concerned Citizens for Clean Water (based in Sawyer, ND), and Citizens for Recycling (Sased in Minor, ND) worked together to raise concerns about the permit. These groups, representing citizens across both states, contend that ash is a hazardous waste and can not be buried in areas that recharge groundwater supplies. For more information contact Dave Krushe in North Dakota at 701-235-5431 or Frank Homstcin in Minneapolis at 612-623-3666. Fora copy, of the full decision from the ND Dept. of Health please send a 45-cent SASE to WastcNot. Excerpts from  North Dakota's State Department of Health & Consolidated Laboratories "Findings of Fact Conclusions of Law and Order", dated 12-21-90. Background. "Municipal Service Corporation (MSC) of Kcnncsaw, Georgia, and Sawyer, Norlh Dakota, owns a landfill site for dispo~l of non-hazardous indtmtrial solid waste which ia located in thc gW Quancr of Section 19, Township 152 North, Range 81 West, Brillian Township, Ward County, North Dakota. MSC has petitioned the North Dakota State Department of Health and Consolidated Laboratories (Department) for modification of the current landfill permit to include changes in the construction, operation, closure, and post-closure maintenance of ~he site and to dispose of municipal waste combustCr (incinerator) ash in thc modified landfill." X. "Based on the hearing and comment period record as a whole, the Department finds that municipal solid waat¢ combuatcr aah as proposed for disposal in Ibc modified facility contains certain constituents known to be Ioxic ~o Ibc cnvironmcn! and humans. Among lhcs¢ constituents arc thc heavy m¢lals: lead, cadmium, and mercury. XI. "Based on the hearing and comment period record as a whole, Ih¢ Department finds Ihs! lead ia highly ~oxic lo humana, particularly Io pregnant women and their fetuses and to preschool-age children. Recent medical research indicates that even iow levels of Icad adsorption by children may result in permanem damage including damage lo thc nervous system. There ia no clear 'lhr¢ahold which lead levels in Ibc bodies of children begin lo produce adverse effects. These findings ~romoled proposals by Ih¢ Environmental Protection Agency Io lower Ibc maximum comaminam level (MCL) for lead in drinking water and for the Ccmcr for Disease Comrol ~o lower its action level for blood lead levels inchildren. Lead is also a clarified possible human carcinogen. X Il. 'Based on lh¢ hearing and commcn! period record as a whole, cadmium is a known renal ~oxin and is also a probable human carcinogen. Printed. on ~.cyc/ed paper, naturally- XIII. "Breed on the heating and comment period record as a whole, mercury can cause damage to a devdopjn8 fetus and can cause brain and kidney damage io children and adults. Mercury tends to undergo *bio*magnification* in thc environment which may result in concentrated Icvcls in human foods such as fish. XIV. "Based on the heating and comment period record as a whole, ccflain geologists including a representative of thc State Geologist, believe that thc site of the landfill poses environmental problems because of thc presence of groundwater aquifers in lignite beds unlcrlying and adjacent to thc site. Conflicting teslimony was received regarding potential groundwater flow velocity within thc lignite beds and through thc clays underlining and surrounding thc site. Some geologists feel thc clay and lignite beds arc highly fractured and that if lcachate from the landfill were to escape the landfill cells, it could move more rapidly than represented by MSC. XV. 'Based on the hearing and comment period record as a whole, a substantial amount of both underground and surface mining of lignite coal has occurred in thc vicinity of the landfill site in previous yeats. Several former coal miners who worked in the underground mines in thc area of thc site contend that the area is more significantly undermined than indicated in information provided by thc applicant. Presence of' underground mine works could threaten integrity of thc landfill cell liner system and could provide routes for movement of any leachate which might escape the cells. XVI. "Based on the heating and comment period record as a whole, the site is an area of high topographic relief near the head ora large coulee system which eventually drains into thc Souris River. Flood conditions and erosion pose a threat of contamination of surface waters and soil. XVII. ']hsed on thc hcaring and comment period record as a whole, airborne distribution of ash from thc site poses a threat of soil contamination with heavy mc,als, particularly icad, which could bc toxic for both animals and humans. This potential exists cvcn in consideration of thc fugitive dust control measures as proposed by thc applicant. XVIII. "Based on thc heating and comment period record as a whole, containment of wastes and lcachate in the landfill are highly dependent upon design and technological features of the landfill and proper operation of thc facility as well as proper closure and long-term post-closure maintenance of thc site. Actual experience with municipal solid waste combustcr ash monofills utilizing thc proposed liner and cap systems is limited (leas than nyc yea'rs). This limited actual cxpcricncc is not sufficient to indicate that thc containment features will not fail prior to represented time periods. XIX. "Based on thc heating and comment period record as a whole, two methods of transportation (rail and track) of'the wastes are required prior to disposal. The length of and switchover of transportation methods presents a higher potential for environmemal spill and contamination than with less distancc and withbut a transportation switcl~over. XX. "Based on the hearing and comment period record ns a whole, thc Deparuncnt has significant concerns regarding the compliance history of the United States Pollution Control Incorporated (USPCI), thc parent company of'Municipal Services Corporation. USPCI has been cited fora variety of violations of environmental .les at waste sites operated by the company in both Utah and Oklahoma. Many of these violations are of'the type that could be encountered at this proposed facility. XXI. 'Based on the hearing and comment period record as a whole, MSC indicated that it would continue disposal even if' legitimate and verified contamination were discovered from the site. Such continucd contn'bution lo the source of potential contamination could prove injurious to the environment. XXil. "Based on the hearing and comment period record as a whole, the Department finds thc potential contamination from a facility such as that proposed could result in irreversible cnvironmen~l_._da_?_..S..c~_ ........ Nm ..................................... ~:_-: ....... 7.-" ............ ~m .............. M{~-'- .................... Mmm. W A S T £ N O T # 1 2 9 ,4 or on us,4, 48 ,,,.$ Groeps & Non. Profits $$0; Individual $40; Students & Senior~ $35; Consultants & For. Profits $125; Canadians $U$45; Ovenees $6$. Editors: Ellen& Paul Connetl, S2Ads~ Street, Canton, NY 1.1617. Tel: 315.$79.9200. Fax: 315.379-0448. Printed on recycled paper, !! Established 1867 ? . Tribune · Roger Parkinson Publisher and President · Joel R. Kramer Executive Editor ' · ,, Tim d:.McGuire Managing Editor Robert J. White Editorial Editor ~ ;1:~- ......... TueSday)August 21/1990 ' Heaithy.skepticism'.on tUrning ash to asphalt l__? it Safe to pave local roads With i~cine~at;r~a~h?' :'=meet fec~eral lead iimits,' "' · townspeople cite scientific ;l'hat question should matter to every person who views that those h'mits Urives' Minnesota's highways' or strolls its curb- protect health. 'At the rbad 'yields to .traffic ahd ~ides. And until the answer is plain, drivers and ' harsh v~eather;, they fear, .the' asphalt 'could be !strollers should resis{ Hennepin County's enthusi- ground into a toxic powder' Which cohld'Contami- · gsm for turning ash from its dOwntown incinerator . into asphalt. At this point, the plan to test the idea lthis year on a county road looks hasty and risky. ;The Minnesota Pollution Control Agency (NIPCA) .should defer it until public doubts are addressed. ~,t first glance, the ash-to-asphalt deal looks like a neat way to make tons of incinerator waste disap- pear. That bit of magic depends on a Georgia firm, Municipal Services Corp., that says it can change dangerous ash into innocuous pellets for use in toad paving. To prove its case, the company wants io test the ash-laced asphalt on a 1,000-foot strip of County Rd. 81 in Dayton. The two-year experi- ment could be the first step toward paving other county roads m and ultimately, roads all over the state -- with ash pellets. The MPCA citizen board is scheduled to decide in late September whether to approve a permit for the project. ~ll.of this has made Some of the folks in Daytdn fretful, and for good mason. They complain that the pellets slated for testing will include fly ash -- smokestack residue which often contains haz~rd- dus amounts of lead, cadmium and Other hear7 /~.etals. Though the asphalt itself is expei:ted tO just nate soils and waterw:iys"-and '~vhich playing children might swallow and inhale. The project's defenders insist that wongt happen, and that extensive tests will assure the 'ex~ri- ment's safety. But several environmental groups have pointed to holes in the draft permit for the project: It prescribes no tests for measuring the amount and effects of dust that may wear off the road. It lacks a requirement, included in earlier drafts, that a sedimentation basin be built to monitor and contain runoff fi:om the road. And the environmentalism criticize the experiment's · two-year time span'~ too short a duration, they say, to determine whether the asphalt will hold up safely over time. Those concerns are echoed by 32 : state legislators, who have urged the MPCA to'! deny th.e permit until the flaws ar.e f~. ed.. ?.. County Commissioner Jeff Spartz shrugs off reiis- tance to the Dayton test as another case'.of, the "NIMBY" (not in my back yard) syndrome. But · Daytonians are right to insist that the-lest =:.-'in :..which they will serv~ as guinea'~igs ~. be both Safe and thorough. Until that. deniand is'met, skepti--'I · cism about paving with ash is the' best p01icy.'-~. ,. 'i CLEAN WATER ACTION HYTH$ AND FACTS ABOUT THE CORCORAN ASH TEST PROJECT 1. HYTH: "The tes~ is only for 600 fee~ of pavement, its not really a big deal." FACT, The "test' is the flr~t step in siting a huge industrial plant that take toxic ash from all over Minnesota. Municipal Services Corporation, the Georgia company conduct/rig the test wants to bui/d this plant within the nex~ two years. One prospect/ye site placed the plant less than f/ye mi/es from Corcoran. 2. MYTH, The treated ash is safe. FACT, The pavement wilt break down. The toxic materials--such as lead cadre/urn, mercury and chrom/um will not breakdown. The wearing and tearing of roads releases toxic substances into the immediate environment where people llve. 3. MYTH: The ash is as safe as compost. FACT, These comparisons are inapproprLate and m/sleading. The aggregate wil/ be worn into dus~s due to abrasion tess/ting from s~reet traffic. Contaminated street dust (result/ng from leaded gasoline and other sources) has been .a major factor in the lead poisoning of children. Lead, even at the tiniest trace levels can cause Ridney disease, and neurological d/sorders in children. Children playing in or near roads pick up the loose dust on their clothes and hands and in turn put their hands and or contaminated food in their mouths. Small particles of lead are readily inhaled and addit/onaLl¥ increase the body burden of lead. The EPA has classitied lead as a cancer-causing pollutant_ The standard for residentSal soil not only fail_~ to protect against non-cancer toxic effects but ignores the fact that EPA has classif/ed lead as a probable human carcinogen. 4. I-[YTH: 'Incinerator ash is benign, besides, the road pellets are treated and the ash is bound up forever." FACT: Ash from the Hennepin County incinerator has consistentiy shown the characteristics of a hazardous waste. In fact recent lead samples have exceeded the Federal Drinking Water Standard by almost 160 times, and was .almost 6~% h/gher than the hazardous waste cut-off. Al/ materials 'exposed at surface of earth including rock undergoes physical and chemical processes which weather the material into fine particles. The proposers have not demonstrated that the aggregate will hold together as well aa natura~ stone aggregate. In addition, the pellets will break down over time, the toxic materials will not. 5. MYTHJLead and other toxic metals are In the environment naturally, so why be concerned about these substances in the road?" FACT, Toxic heavy metals are concentrated in the combustion process that takes place at the incinerator. The h/gh concentrations of lead, cadmium, mercury and chrom/um pose a significant health risk, when placed In the immediate environment of people. Because the safety threshold level is so low any additional exposures to these tox/ns can produce adverse health effects particularly in fetuses, infants, pregnant mothers, and children. 6. MYTH8 'Its better to recycle the ash, than to bury it in a landfill, especially since Corcoran is a site for an ash landfill. FACTs The legislature has dropped the current landfill siting process, it is much less likely that sensitive groundwater' areas such as Corcoran will be included in future siting decisions. Clean Water Action opposed the landfiU siting process and worked at the legislature to drop Corcoran from the siting process. Ash 'u~Jli-ation' is not a benign form of rec¥cUng. You cannot recycle something that has never been used. Ash is waste. Placing it on roads is just another way to dispose of th/s waste. 7. MYTH-. 'Municipal Services Corporation is a reputable firm, they %;ili see to it that this is done rtght". FACTs MSC's parent company, USPCI was cited for 57 separate violations due to improper storaqe of PCB's at its Grassy Mountain fac~//ty in Utah. The EPA uked for penalties tozaUing $1.4 million. MSt was recentiy denied a permit to dump Hennepin County's ash in North Dakota. The North Dakota Health Department cited MSC's and USPCI's sloppy envLronmenta/ record as one reason for the permit denial. 8. blYTH= "Corcoran gets a good deal--a free paving pro]ec~"~ FACT: OriginaJ/y the state of Minnesota was wi111ng to assume the l/ability for the many environmental risks of this project. Now the legislature is no longer willJqg to foot the bill Corcoran and Hennepin County taxpayers wil/ have to pay for damages. What may be free today could have disastrous financial costs in the future. CLEAN WATER ACTION Midwes! Regional Office · 326 Hcnnepin Ave. E. · Minneapolis, MN :~$414 · 612/623-3666 1418 First Avenue, NE · Rochester, MN 55904 · 507/281-1390 ~ 2904 West Third Street · Duluth, MN 55806 · 218/628-1191 411 North Broadway, #208 · Fargo, ND 58102 · 701/235-5431 ~ RR I, Box 9.~ · Stoddard, W! 54658 · 608/'/88-1398 122 South Grand Ave, 11200 · Lansing, M! 48933 · 517/487-0900 National Office · 317 Pennsylvania Avenue, SE · Washifl~ton, DC 20003 · 202/:~47.1 3une 24, 1991 Thc Honorable John Dcrus Chair, Henn~in County Board of Commissioners I-lennepin Count Goven'macnt Center Minncapolis, MN 55487 Dear Commissioner Dca'us: It has come to my attention that. the Hennepin County Board of Commissioners will consider a plan this week to test municipal incinerator ash as roadway aggregate in Corcoran. I have followed this issue with great interest since it was first proposed for Dayton. As you know, the issue of how and whether this ash should be re-used is receiving close scrutiny not only in Minnesota, but nationwide, The Minnesota proposal will likely be viewed as a pmCc~nt for other states. I am now hearing serious concerns bom a number of citizens about the specific proposal before Henncpin County. They arc summarized as follows: · The treated ash pellets contain fly ash wh/ch is the most toxic part of the municipal ash stream. Thc pellets will be used on the wearing surface of the road, exposing the material to harsh weathering conditions -- leading to the release of toxins, especially lead, into the environment. There are no long-term tests built into the test protocol to determine thc full impact of the process. The material slated,for testing would presumably be manufacturered at a processing facility tn Northwest Hennepin County. The permitting process for such a facility would begiu shortly after the test strip is laid. THIS STATIONERY PnlNTID on PAPEn MADE OF nECYCLEO FIBERS I would like .to .s~ongly encourage the Board to take these concerns into account before making any _d~c_?o_n_ ~,g.ardi~. g.thls proposal. As always, I appreciate your good offices, good work aha So<x] mcnasmp. Commissioner Tad Jude Commissioner Pet~ McLaug~n Commissioner Fla~k Anch'~w Commissioner Judy Makowk¢ Commissioner $ohn Keefe Commissioner Randy Johnson W~coORSKI ngre~ (612) 930-2696 Hatch 3.2, 3.992 DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 Hr. Edward 3. Shukle, 3r. City Hanager Ctty of Hound 5341 Haywood Road Hound, HN 55364 RE: CSAH 3.3.0 (Bartlett Boulevard) at Mound Bay Park Boat Trailer Parking Dear Ed' The Mound City Council has requested that our department review the feasibility of allowing boat trailer parking on the southeast side of CSAH 110 (Bartlett Boulevard) adjacent to Mound Bay Park. This segment of CSAH 110 carries 6;950 vehicles per day (1990 flow map count} and is currently posted 'No Parking Anytime". It is of sufficient width to carry two lanes of traffic eastbound. The lane adjacent to Mound Bay Park presently serves as a right turn lane to the Mound Bay Park depot and to the Mound Bay boat launch facility and parking lot. For public safety reasons we would be reluctant to allow parking along CSAH 110. Motorists coming from the west approach this area on a down grade and a curve to the left. Vehicles and trailers parked along the southeast curb.on the outside of the curve would present a safety hazard. In addition if parking were permitted the safety provisions provided by the right turn lanes would be lost. Based on this information we cannot, for public safety reasons, recommend the removal of the parking restrictions along CSAH 110 for the purpose of boat trailer parking. Should additional information be necessary, please call me at 930-2674. SDien~~rely' Transportation Planning Engineer DLH:gk cc: P.B. Murphy HENNEPIN COUNTY an equal opporlunlty employer CITY OF MOUND MOUND, MINNESOTA FID ~PECIFICATIONS FOR ~ITY ~ID~E LEAF ~ICKU? The City of Mound is requesting bids for a Leaf Pickup. Please submit a bid on Altervative 1 for picking up the entire City on April 24 & 25, 1992, and/or Altervative 2 for suppling and maintaining of roll-offs at the stock pile from April 12, 1992 thru May 16, 1992. Bid opening will be 10:00 AM on March 24, 1992. The successful bidder must name site that the leaves will be deposited. WHERE WILL LEAVES BE DEPOSITED? ~TW C~/~/~/~ ~dV~ name of site The successful bidder must furnish liability of not less than $200,000 for each individual, $600,000 for each occurrence, and against liability for property damage of not less than $50,000 for each occurrence. ALTERNATIVE 5t275.00 Entire City bid, to include dumping ALTERNATIVE Suppling and maintaining a 20 yd. roll-off container for leaves at the stock pile from April 12 1992 thru May 16 1992. , , $ 27q_~0 per bn× incl.du~lpi~3tal' to include dumping. A cashier's check or certified check in the amount of 5% of the total bid must accompany the bid. The City of Mound reserves the right to reject any or all bids. ompany CITY of MOUND March 23, 1992 Governor Arne Carlson 130 State Capitol St. Paul, MN 55155 Dear Governor Carlson: The City of Mound opposes your proposal to balance the State of Minnesota budget by making drastic cuts in Local Government Aid (LGA) to cities. The enclosed resolution brings out a number of issues that Mound thinks ought to be stated. I will touch upon a few of the points raised in the resolution. In 1991 an additional half cent increase was placed on the state sales tax. The purpose behind this proposal, made by you and the legislature, was to ar~ that a percentage of that revenue received from the additional sales tax would be given back to local governments as property tax relief. Now you want to raid this fund know~ ~s the Local ~overnment Trust Fund (LGTF) and use to limit the cuts in ct _ . the mone apparently convin~ ___~r type~ of state spendln . Y · . .z .... ~ume ~e is . g You have cities like Mound ve~v ,,--=-~ _~at~r~ of this. Frankl it ~w., 1.e., LOCAL GOVERNMENT'TRUST ~%~'~ uae ~rue meaning of the ~Y°~ are attacking cities that have s low property tax revenue · . °~hXew , ~ re~uce from our already approved budg~ 12 ~ed g_~und,% LGA by ever 57.3%. This me This is an 8.2% reduction in Mound's reve ~?f~sees no ~ay to do this unless serv~--T~%_bas~' ~he City of ~=~ ~re re~uce~. Sixty to ==v~nuy percent of Mound,s costs are associated with personnel We are faced with laying off personnel that provide services that our citizens demand. Why is it that cities annually become the victim of the State,s spending problems? You and the state legislature must balance your budget, cities understand that you are required by the Minnesota constitution to do so. Please remember that cities balance their budgets as well. There is no other level of government more directly accountable to its citizenry than local government. printed on recycled paper Governor Arne Carlson March 23, 1992 We recognize that your job is not an easy one. Neither is ours! We recognize that the economy in the United States and, specifically, within Minnesota, is not at its best right now. However, cities are trying to make it with what they have. We believe the State of Minnesota should do the same. We also believe that cutting only LGA is penalizing certain cities only. We will do our share, but we think it should be our FAIR SHARE~ Sincerely, Mayor Skip Johnson cc: Senator Doug Johnson, Senate Tax Committee Chair Representative Paul Ogren, House Tax Committee Chair Senator Gert Olson Representative Steve Smith Don Slater, League of Minnesota Cities Vern Peterson, Association of Metropolitan Municipalities RESOLUTION NO. 92- RESOLUTION OPPOSING GOVERNOR CAI:tLSON'S PROPOSAL TO CUT LOCAL GOVERNMENT AID (LGA) TO CITIES WHEREAS, the State of Minnesota is facing a $570 million deficit at the end of this biennium (June 30, 1992); and WHEREAS, Governor Carlson has proposed that cities who receive Local Government Aid (LGA) be cut by $71.6 million in 1992; and WHEREAS, the cuts are 8.02% of city revenue base (levy plus aid) or $158,120 for the City of Mound; and WHEREAS, there are no cuts to aids for counties, townships, special districts and schools; and WHEREAS, the proposal destroys the integrity of the dedicated Local Government Trust Fund (LGTF) less than one year after it was created; and WHEREAS, the proposal creates drastic effects on City budgets this year by cutting 8.02% of City revenue base for Calendar year 1992, meaning that with the budget year partly gone, the cuts would be about 12% for the balance of the year; and WHEREAS, these cuts are on top of cuts of 4% of City revenue base enacted in the 1991 session for the 1992 budget year; and WHEREAS, these cuts are on top of frozen city levy limits in 1992; and WHEREAS, the proposal creates extreme unfairness between local government units by cutting LGA and not cutting other aids and not cutting aid to counties and townships which provide many of the same services as cities and not cutting special districts or schools; and WHEREAS, cities whose LGA is being cut are still "mandated,, by state laws to provide certain services and programs without any financial assistance, i.e. presidential primary, etc.; and , WHEREAS, cities such as Mound are nearly fully developed and do not have adequate growth in tax base to cover these proposed cuts in LGA; and WHEREAS, fees collected for services can be raised only within reasonable limits; and W~EREAS, previous LGA cuts to cities have been permanent reductions in aid and cities are now told to cut more from our budgets; and W~EREAS, cities have adjusted to those LGA cuts, i.e., the City of Mound has not replaced personnel but has, through attrition, shifted job responsibilities to existing staff etc.; and , W~ER~AS, in order for the City of Mound to maintain the current level of service, the proposed cuts of $158 120 cannot occur; and , W~EREAS, if Governor Carlson does get approval of this proposed cut by the Legislature, the City of Mound will have to reduce service levels by laying off employees and eliminating services previously provided; and W~EREAS, cities are not the problem and should not be the solution. ?HEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota hereby requests Governor Carlson and the State of Minnesota to do the following: Keep LGTF money in the Local Government Trust Fund as it was guaranteed by the Governor and Legislature a year ago when the sales tax was raised to 6.5%. Find other ways to deal with the budget shortfall besides cutting cities LGA to a point where drastic service reductions must take place. If the State of Minnesota is going to reduce LGA to cities, then reduce the other forms of aid that other cities receive, i.e., HACA so that there is fairness in the cuts. If there are cuts, counties, townships, special districts and schools should not be excluded from any aid cuts. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Attest: City Clerk Mayor CITY of MOUND l0-a 612 472 1~55 zAX ,6'2 472 0620 March 23, 1992 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER PRELIMINARY DOWNTOWN FEASIBILITY STUDY As you recall, the City Council directed that Staff prepare a cost estimate for a preliminary feasibility study using City consultants and Bruce Chamberlain, Economic Development Coordinator. This direction came as a result of meeting with the Economic Development Commission at the City Council's Committee of the Whole meeting held March 17, 1992. Attached is a letter dated March 19, 1992 from Mr. Fred Hoisington of Hoisington Group, Inc. Mr. Hoisington and Mark Koegler, city Planner, would be doing the majority of the preliminary downtown feasibility study. Also involved is John Cameron, the City's Engineer; Springsted Financial and Bruce Chamberlain, Economic Development Coordinator. As the letter indicates, Hoisington's fee is estimated at $1800. The estimated amount of engineering work from John Cameron is $500. Springsted's work will be done at no charge. Bruce Chamberlain will be covered under his contract with the City. Thus, the estimated amount is $2,300. I would recommend that we charge these expenses against the contingency account within the general fund. If you have any questions, please contact me. Attachment ES:ls printed on recycled paper HUI$1N~IUN IEL No.bl2-B5b-OlbU Mar.2U,92 lb:2O F.U2 Hoisington Group Inc. LAND IJ$I~ CONSULTANTS March 19, 1992 Mr. Ed Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Preliminary Downtown Feasibility Study Dear Ed: Per the City's request, I herewith submit this proposal for a preliminary feasibility study for the downtown concept plan. Since its intent is to provide a ballpark estimate to determine whether the project may be expected to proceed, this analysis will be based on a single large project. In reality, it is probable that the project will be phased. It will also be based on a variety of assumptions regarding rental rates and development values. If authorized to proceed, the Consultant will:' 1. Prepare a project budget for: a. Project Costs 1 ) Acquisition 2) Relocation 3 ) Demolition 4) Public Improvements (to be prepared by City Engineer) 5) Administration 6) Contingency 7) Capitalized Interest b. Project Revenues (TIF, Special Assessments, CDBG, Other Grants) 2. Assist the City's Financial Consultant with calculation of the revenue stream based on assumed rents and construction costs/values: I~L NO.Ol~-~3~-31DU Mound Proposal March 19, 1992 Page 2 3. Coordinate and direct the work of the City Engineer, City Assessor and City's Financial Advisor to obtain public improvement costs, land and structure costs, and tax increment financing calculations. 4. Prepare a brief final report outlining the Consultant's conclusions. The fee for the above services is estimated at $1,800, an amount that is in addition to that able to be justified under CDBG. This fee does not include the services to be rendered by McCombs Frank Roos ($500) or Springsted. CDBG should be able to cover essentially the first three tasks of the redevelopment study process dated March 17, 1992. We appreciate the opportunity to submit this proposal to the City of Mound. If you have any questions, please give me a call. You may simply provide us with a letter authorizing commencement of the work. Sincerely, Fre~Hoisington, AICP Planning Consultant FLH/glh I~L No.blZ-8Ob-OlbU Mar.lF,~2 lb:~b MOUND DOWNTOWN REDEVELOPMENT STUDY PROCESS TESTING OF CONCEPT 1. ~ (establish overall parking needs, project area and TIF X · District boundaries, acquisition and improvement cos.ts (Auditors ? , Road/parking/utilities), planning parameters and design guidelines).X,X ,): ~'~2~ReSearcha. TIF Fundin. Sources/formulate funding assumptions/mlx.~~ b. Special Assessments (429) e. Community Development Block Grants d. Other 3. Research Lost Lake Feasibility (...'~ a. Permit feasibility (DNR) b. Funding sources available c. Tradeoffs required (DNR requirements) ,,o~,--~/2~I. }reliminarv Financial Feasibility Study (will it work?) ~/v a. Costs ' b. Calculate Revenue Stream c. Go/No Go 5. Talk with Tenant~ and Owners individually 6. Develop Phasing Plan 7. Formulate Relocation Plan/Policy/Strategy 8. Update Redevelopment/TIF Plan 9. Engineering .Feasibility Study (429) 10. Feasibility Study/ReO~v¢lopment Plan Approval by HRA 11. City Council Publi~ Hearings on Redevelopment Plan (mail notices to School District and County) and Engineering Feasibility Study. 12. Implementation Holslngton Group Inc. 3-17-92 MI'NUTBS OF A MBBTI'NG OF THB MOUND ADVZHORY PARK ~ OPEN 8PACB CO]4MZHSZON NJtRCH 12~ 3.9~2 approval of the 1992 I.qCD C b]f Asleson to recommend uDnra~ftwood Shores and Set~-O-~uae-r.cial dock licenses for nimousl]f, on v~ew. Hotion carried LAKE MINNETONKA CONSERVATIO.N DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 TELEHONE 612/473-70; EUGENE R. STROMMEN, EXECUTIVE DIRECTOR BOARD MEMBERS ~ ~ · / · ,, /~~. ,~ IEFD MAR 5 c/o Edward Shukle, Mgr ' 5341 [~3~ood Road ~/~ Mound, MN 55364 Dear Mr. Shukle, David H. Cochran, Chair Tom Reese, V'me Chair Douglas E. Babcock, Secretary s~ para J. p. Boswinkal, Treasurer Minnetonka Beach Sco~t Carlson Minnetnsta Albert (Bert) Foster Deept~aven James N. Grathwol Excelsior JoEIlen L. Hun' Orono William A. Johnstone Minnetonka Duane Markus Wayzata Ge~ge C. Owen Victona Tom Penn Tonka Bay Rot)ert Rasco¢ Shorewood Robert E Slocum Woodland The Lake Minnetonka Conservation District has received an application for a Multiple Dock and Mooring Area license as described on the attached certificate. It is the policy of the LMCD that all dock license applications be referred to the appropriate city for review, and that a certificate indicating compliance with local regulations be received from the city before final action of the District on the application. If a certificate, or a request for delay of certificate issuance for any reason, is not received from the city within 45 days of this mailed notice, the District will proceed with consideration of the application. Please execute the enclosed certificate and return it to this office so that prompt action may be taken on the application. Sincerely, MINNETONKA CONSERVATION, DISTRICT Administrative Technician RT:Jlm enc Driftwood Shores Homeowners Association Seton View MUNICIPAL CERTIPICATION FOR MULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonk~ Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. DRIFTWOOD SHORES HOMEOWNERS ASSOCIATION c/o Sylvia Ogren, Treasurer, 1756 Lafayette Lane, Mound 55364 Name and Address of Applicant Outlots 1 & 2, Block 3, Driftwood Shores Location of Docks 10 Slips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date DRIFTWOOD' SOCIATION IN OUTLOT 2, DRIFTWOOD SHORES DRIFTWOOD SHORES= Subject to variance order of 8-25-82 N DATUM =MEAN SEA LEVEL ( NG.V.D. 1929) GORDON R. COFFIN CO., INC. ENGINEERS 8 L~ND SURVEYORS LONG. LAKE, MINNESOTA NUNIClPAL CERTIPICATION FOR NULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.O6, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. SETON VIEW c/o William E. Niccum, 4853 Bartlett Blvd, Mound,. 55364 Name and Address of Applicant 4841 Bartlett Blvd Location of Docks Slips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound 'for the facility described for 1992. Authorized Signature Date ;ETON VIEW ,~.,, ., .' ~ ~ :-.,,.,:.:~.~: ,~.~,:, n ' ~).~ 'Z ',~ ~ .'~ (~," ~ *One piling to contact , . ; RECEiVr--'U NOV 2 7 1990 -.. 41c).~ CITX ' of MOUND March 23, 1992 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER RE: APPROVAL OF LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL #35 SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL FOR THE PERIOD JANUARY 1, 1991 TO DECEMBER 31, 1993 As you know, the Sergeants Labor Agreement had expired December 31, 1990. Since that time the City has negotiated with the Sergeants unit and has now reached a tentative agreement with them for the 1991 through 1993 contract period. Attached is the tentative agreement. As a part of the agreement, there are two memorandums of agreement which apply to retiree health insurance and the early retirement of Sgt. Brad Roy. Also attached is a resolution approving the agreement as proposed. If you have any questions, please contact me. printed on recycled paper RESOLUTION NO. 92- RESOLUTION APPROVING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL #35, SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL FOR THE PERIOD JANUARY 1, 1991 THROUGH DECEMBER 31, 1993 WHEREAS, the City of Mound and LELS Local #35 Supervisor/Staff Sergeant and Supervisor/Sergeant of Patrol, have gone through the collective bargaining process and negotiated a labor contract for January 1, 1991 through December 31, 1993 period; and WHEREAS, both sides have reached a final agreement which is acceptable to both the City's negotiators and the Bargaining Unit's negotiators. THEREFORE, BE IT RESOLVED that the City of Mound and LELS Local #35 Supervisor/Staff Sergeant and Supervisor/Sergeant of Patrol have reached a settlement on the January 1, 1991 through December 31, 1993 contract per a tentative agreement dated March 9, 1992, attached hereto and made a part thereof. The following Councilmembers voted in the affirmative: The following Councilmember voted in the negative: Mayor Attest: City Clerk regular pay and workers' compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to Employee's vacation or sick leave accumulated in Sections 1 and 2. (Remainder of section per current Agreement.) ARTICLE XXI. SEVERANCE PAY 21.1 The following is the severance pay schedule, based upon accumulated sick leave, which shall become effective for all full-time Employees upon reaching tenure of three (3) years (36 months). (Remainder of section per current Agreement.) An Employee who is discharged from employment with cause shall not be entitled to severance pay under this Section. ARTICLE XXII. ANNUAL LEAVE 22.2 (Add) NO individual promoted or hired to fill a sergeant position after January 1, 1991 shall be eligible to receive this benefit. ARTICLE XXVI. DURATION Except as herein provided, this Agreement shall be effective January 1, 1991, and shall continue in full force and effect until December 31, 1993, and thereafter until modified or amended by mutual agreement of the parties. (Remainder as per current Agreement.) APPENDIX A Increase salary schedule as follows: 01/01/91 01/01/92 01/01/93 2.5% on base 2.5% on base 2.5% on base APPENDIX B ae The Employer agrees to pay the full premium for Employee only hospitalization/major medical insurance for each full-time Employee after thirty (30) days of continuous employment. The Employer agrees to contribute up to the amounts set forth below towards the cost of family coverage after thirty (30) days of continuous employment for each full-time Employee who elects family coverage under this Agreement: 1992 1993 MEDICA $339.58 $350.00 MEDCENTER $330.95 $341.00 GROUP HEALTH $303.24 $313.00 2 Any additional costs for such family coverage shall be paid by the Employee through payroll deduction. In no event shall the Employer's contribution exceed the actual cost of the coverage selected by the Employee. Ce The Employer agrees to pay the full premium for dental insurance coverage for each full-time Employee who elects Employee only coverage after thirty (30) days of continuous employment. The Employer agrees to contribute up to $26 per month for family coverage for full-time Employee electing such coverage after thirty (30) days of continuous employment. Any additional costs for such family coverage shall be paid by the Employee through payroll deduction. D. through G. See attached Memorandum of Agreement. Additional Items 1. Change gender references to gender neutral. 2. Move items in Appendix B into the main body of the Agreement. 3 MF~OltANDU~ OF This Memorandum of Agreement is entered into between the City of Mound (hereafter "City") and Law Enforcement Labor Services, Inc. (hereafter "Union"). W~R~AS, the City and the Union are parties to a collective bargaining agreement covering Sergeants with a duration of January 1, 1991 through December 31, 1993; and W~ER~AS, the City proposed in the course of negotiations for the 1991-1993 collective bargaining agreement to delete the provisions of Appendix B, paragraphs D through G of the 1989-1990 collective bargaining agreement relating to City contribution for retiree health insurance; and W~ER~AS, the Union opposed the City's bargaining proposals relating to retiree insurance. NOW, THEREFORE, the parties hereto have agreed to the following with regard to retiree insurance: 1. The City's proposals for elimination of City contribution for retiree insurance as set forth in its proposal of December 14, 1990 are hereby held in abeyance pending the Minnesota Supreme Court's decision in Mower County v. LELS regarding the interpretation of Minnesota Statutes, including PELRA, relating to insurance benefits for retirees. 2. Dependent upon the outcome of the above-noted court decision, the City reserves any and all rights as may be determined in accordance with that decision relative to the proposals referenced in paragraph 1 herein, specifically, the right to eliminate the City's contribution for retiree insurance, which rights may be exercised unilaterally on or after January 1, 1993. 3. This represents the complete and total agreement between the parties regarding this matter. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement to be executed this 1992. LAW ENFORCEMENT LABOR SERVICES, INC. day of CITY OF MOUND This Memorandum of Agreement is entered into between the City of Mound (hereafter "City") and Law Enforcement Labor Services, Inc. (hereafter "Union"). W~EREAS, the City and the Union are parties to a collective bargaining agreement covering Sergeants with a duration of January 1, 1991 through December 31, 1993; and W~EREAS, Brad Roy is employed by the City as a Sergeant and is covered by the collective bargaining agreement between the City and the Union; and W~EREAS, Brad Roy has expressed an interest in an early retirement from his employment with the City; and W~EREAS, during the course of negotiations for the 1991-1993 collective bargaining agreement, the parties agreed upon the terms of an early retirement for Brad Roy. NOW, THEREFORe, the parties hereto have agreed to the following terms regarding Brad Roy's early retirement: 1. Brad Roy shall retire from his employment with the City effective June 30, 1992. 2. For the period of July 1, 1992 through February 28, 1993, the City shall pay contributions for the hospitalization/major medical insurance and dental insurance coverage for Brad Roy in accordance with the City contribution amounts set forth in the 1991-1993 collective bargaining agreement for current bargaining unit members. 3. If Brad Roy relocates his residence outside the state of Minnesota after June 30, 1992, and thereafter purchases insurance from carrier(s) other than those through which the City provides group insurance coverage, the City shall pay its contribution based upon statements submitted from Brad Roy's new insurance carrier(s). Such payments by the City shall be made directly to the insurance carrier(s). . 4. Effective March 1, 1993, Brad Roy shall be eligible for d~~contribution for hospitalization/major medical and dental insurance in accordance with Appendix B, Insurance, paragraphs D through G of the 1989-1990 Labor Agreement between the City and the Union. 5. This represents the complete and total agreement between the parties regarding this matter. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement to be executed this 1992. LAW ENFORCEMENT LABOR SERVICES, INC. day of , CITY OF MOUND 2 TENTATIVE AGREEMENT City of Mound and Law Rnforcement Labor Services, Inc. 03/09/92 ARTICLE II. RECOGNITION 2.1 Change statutory reference to Minnesota Statutes S179A.12, Subdivision 10. ARTICLE XI. DISCIPLINE 11.4 C. Upon completion of an investigation, the subject of the investigation has the right to know the names of all complainants. ARTICLE XII. JOB SAFETY 12.1 (Typographical error) Second provision should be numbered 12.2. ARTICLE XIX. SICK LEAVE 19.1 Employees shall accrue eight (8) hours of sick leave with pay for each calendar month of employment. 19.3 In the event of the death of a full-time Employee, the beneficiary designated by the Employee shall be entitled to the monetary value of the Employee's accumulated sick leave in accordance with the table set forth in Article XXI, Severance Pay. 19.4 A. (Indented paragraph) Delete the word "children" and the words "spouse's children.,' (Add at end of indented paragraph) Sick leave requests of up to three (3) days may be submitted for emergency or critical illness of a family member not defined above. Approval of such requests shall be within the sole discretion of the Employer. Be (New provision) An Employee may use personal sick leave benefits provided by the Employer for absences due to an illness or injury of the Employee's child for such reasonable periods as the Employee's attendance with the child may be necessary, on the same terms the Employee is able to use sick leave benefits for the Employee's own illness. The word "child" as it applies to this section is defined in Minnesota Statutes §181.940, Subdivision 4. 19.5 (Second sentence) After an initial waiting period per injury as set forth in the Minnesota Workers' Compensation Act, the Employee will be paid the difference between the Employee's RESOLUTION NO. 92- RESOLUTION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRESIDENTIAL PRIMARY, THE PRIMARY AND GENERAL ELECTIONS APRIL 7, 1992, SEPTEMBER 15, 1992 & NOVEMBER 3, 1992 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the following list of election judges for the Presidential Primary Election April 7, 1992, the Primary Election September 15, 1992 and the General Election November 3, 1992: ' Anderson, Gunhild Barkley, Beverly Bee, Vera Bostrom, Holly Brandenburg, Emma Brown, Lois Byrnes, Marilyn Byrnes, Robert Carlson, Robert Cooper, Leatrice Eischeid, Joy Geyen, Dorothy Gilbertson, Marian Gilmore, Arlene Hall, Marcy Jerdee, Virginia Jessen, Phyllis Johnson, Betty Johnson, Jeanette Koenig, Edythe Lansing, Betty Leisinger, Duane Longpre, Jerry Maxwell, Helen Meisel, Pat Messick, June Nelson, Joyce O'Brien, Dorothy Orn, Phyllis Phleger, Shirley Pietrick, Audrey Richter, Ella Robinson, Jean Rudolph, Phyllis Scholer, Ellen Schwingler, Allen Schwingler, Ann Sidders, Barb Skoglund, Ardelle Skoglund, LynDelle Smith, Bonnie Smith, Marsha Strong, Betty Strong, Linda Wilson, Clifford The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: BILLS RARCH 24, 1992 Batch 2032 TOTAL BILLS $53,501.19 $53,501.19 Z 0 0000 Z 3~* Z 2:> 0 Z O0 oggg J GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue TOTAL REVENUE LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND CEMETERY FUND BUDGET CITY OF MOUND 1992 BUDGET REVENUE REPORT FEBRUARY 1992 FEBRUARY YTD REVENUE 16.7~ PER CENT REVENUE VARIANCE RECEIVEQ 1188850 0 1859 1186391 0.16~ 82c)900 87617 27617 793283 3.36~ 3860 886 680 8580 80.86~ 69500 5861 8518 60988 18.85~ 41850 1505 8334 38916 5.66~ 75000 5152 5158 69848 6.87~ 10000 1508 8878 7188 88.72~ 51250 84 312 50938 0.61~ 8259410 42OO7 49338 8eloo?e 2.18x 1180000 ~ ?7923 156165 1023835 13.23~ 350000 24622 51961 298039 14.85~ 650000 52011 106936 543064 16.45~ 71000 40204 47819 23181 67.35~ 3200 800 1600 1600 50.00M March 20, 1992 ( ITY of MO[ 'ND TO; Ed Shukle City Manager FROM; Joyce Nelson Recycling Coordinator SUBJECT; Brush There are many different ways to handling brush. I have enclosed a couple of brochures so you can see the type of equipment is used in the handling of brush. 1. Seppi grinder could be used to reduce the volume of a pile of brush. The brush would have to be spread out for the use of this machine. The cost of the Seppi would be $175.00 per hour. This machine can grind up 20 - 30 tons per hour, brush being 6 to 9"in " diameter. Once the volume is reduced it could then be hauled to the Maple Grove Tree Site at a cost of $18.00 per ton. 2. The Tub Grinder looks like an interesting machine that could grind up most anything. The cost of this machine is $210.00 per hour, for brush 8" inches in diameter or less and $300.00 per hour for brush 9" up to 12", plus $65.00 per hour transportation rate to and from Minneapolis. 3. To have a roll-off placed at our site the cost would be for brush under 1 1/2" 10 cu. yd $100.00, 20 cu. yd. $130.00, 25 cu. yd. $145.00 and 30 cu yd $160.00 per roll-off. · · 4. Cliff Lutz hauls brush for Jim Fackler, the last pile he had removed cost $1,450.00 this was for about 270 cubic yards of material. Cliff brings his brush to Eklunds burn site and pays him $3 50 cu. yd. for disposing. · Some serious thought would have to go into monitoring the site, or we could have people coming from all over to dispose of their brush and it could attract other items also. printed on recycled paper Materials Recycling Experts in Wood Waste and Solid Waste Processing · Land Clearing · Mobile Tree and Wood Waste Chipping and Grinding · Municipal Solid Waste Processing · Yard Waste Processing · Equipment Rental · Screening of Difficult to Screen Materials Professional Environmental Engineering Staff Including: · Hydrologist/Geologist · Solid Waste Composting Expert · Forester Partial Listing of Equipment Available · Tree Chippers Handling up to 48" Dia. Logs · Tub Grinders for Brush, Pallets & Light Demo Material · Seppi Grinder for Clearing and Large Brush Dump Sites. · 30 Ft. x 8 Ft. Revolving Trommel Screen with Shredder · Compost Windrow Turners and Static Pile Processing Equip. · 115 Cubic Yard Live Bottom Trailer Printed on Recycled Paper Ceres is your source for help with Wood Waste and Solid Waste Processing. For more information, just give us a call. 2504 West Co. Rd.B St. Paul, MN 55113 (6 ! 2) 633-4424 Fax (612) 633-8316 Morbark Model 1100 Tub Grinder Specifications GENERAL Overall Length 37'6" Height 13'4" Width for Hauling 11 Weight (With Loader) 42,000 lbs. Tongue Weight 14,000 lbs. Axle Weight 28,000 lbs. Tandem Axle 215x75Rx17.5 Radial Tires Brakes Air Stabilizer Legs Hydraulic Major Components Hydraulic Towing Arrangement Fifth Wheel Engine Caterpillar or Cummins Drive Direct w/Torque Limiter Horsepower 400 to 525 Fuel Capacity (Tank) 160 gallon Hydraulic Oil Capacity 120 gallon TUB FEATURES 11' Diameter Top Opening, 60" Deep 9' Diameter Inside Base Opening Tub Walls Constructed of 3/8" Steel Plate Tub Floor Constructed of 1/2" T-1 Steel Plate Supported by 12 Roller Guides Hydraulic Forward & Reverse Hydraulic Tilt Safety Shutdown Switch HAMMERMILL & SCREENS 26" x 52" Feed Opening 16" Diameter Rotor with 5 1/2" Cylinder Shaft 40-76 Hard-Surfaced, Heat-Treated Steel Swing Hammers, 3/4" or 1" Thick 3/4" or 1 1/4" Thick Split Screen Wear Plate & Screen Area 2,698 Sq. Inches LOADER & DISCHARGE SYSTEM Knuckleboom Loader with 25' Extended Reach and 280' Continuous Swing Bypass Grapple with 360' Turn Hydraulic Auger Discharge System 18" Diameter Auger with 28" Discharge Belt Conveyor OPTIONS Electronic Speed Sensor for Automatic Shutdown Air Conditioner/Heater Auxiliary Air Compressor 20-40 Fixed Hammers Electric Power Option Available Variety of Conveying & Material Handling Equipment Magnetized End Pulley with Slide Discharge for Nails & Metal Extraction Available Compare Features Hydraulic tub tilt for easy access to Hammermill rotor accommodates hammermill, both fixed and swing hammers. Torque limiter protects engine and clutch assembly against sudden shock or overload. Maintenance free and durable-The underneath auger discharge is far superior to a belt discharge. Pressure compensated hydraulic system means considerably longer pump life due to controlled oil flow and temperature. 26' x 28" discharge belt conveyor conveniently folds over tub for trans- Your Local Morbark Dealer · Morbark Model 1100 Tub Grinder Manufactured By: Recycling Systems, Inc. 8507 S. Winn Road P.O. Box 1000 Winn, Michigan 48896 Telephone: (517) 866-2381 Fax: (517) 866-2280 5M 1-92R CITY OF MOUND 1991 BUDGET REF'ORT EXPENDITURES FEBRUARY 1992 16.7Z BUDGET FEBRUARY YTD EXPENSE EXPENSE VARIANCE PER CENT EXF'ENDED GENERAL FUND Council 67280 10612 15801 51479 23.49% Cable TV 138c) 719 719 661 58.10Z City Manager/Clerk 166790 13455 23752 143038 14.24% Elections 14800 14 1690 13110 11.48% Assessing 46260 3 e 46858 0.02x Finance 147090 10786 17905 129185 12.17% Computer 31000 64?3 7413 2358? 23.91% Legal 83950 1758 4858 79092 5.79% Police 744890 54493 109694 635196 14.73~ Civil Defense 3350 148 358 8998 10.69% Planning/Inspections 127000 11578 17289 109711 13.61% Streets 408900 335?6 666?? 336223 16.55~ Shop & Stores 20180 813 1099 19081 5.45~ City Property 90150 5781 894? 81203 9.92% Parks 132990 6713 11388 121602 8.56% Summer Recreation 31610 0 0 31610 0.00% Contingencies 20000 246 846 19754 1.83% Transfers 119730 9398 18796 100934 15.70% GENERAL FUND TOTAL 2251350 166560 306640 1944710 13.62~ Area Fire Service Fund Liquor Fund Water Fund Sewer Fund Recycling Fund Cemetery Fund 881600 19554 35559 186041 16.05% 178920 13331 31961 146959 17.86% 353060 25855 41084 311976 11.64% 971190 58068 102159 869031 10.52% 100900 5564 8386 92514 8.31% 4230 0 83? 3393 19.79% MINUTES OF AM EETING OF THE MOUND ADVISORY PIJtI~INING CONNISSION IGLR~ 9~ L992 Those present were: Geoff Michael, Jerry Clapsaddle, Frank Weiland, Michael Mueller, Bill Voss, Mark Hanus, and Brian Johnson, City Planner Mark Koegler, Building Official Jon Sutherland, and Secretary Peggy James. Absent and excused was Bill Meyer and Liz Jensen. The following were also in attendance: Richard Henderson, Victoria Henderson, and Stan Mierzejewski. MINUTES The February 24, 1992 Planning Commission Minutes were presented for changes and/or additions. MOTION made by Weiland, seconded by Hanus, to approve the February 24, 1992 Planning Commission Minutes as written. Motion carried unanimously. CASE NO. 91-005: WILLIAM VOSSt 4608 KILDA~E LANE, LOT 6, BLOCK 11, SETONt PID ~19-$17-23 21 0028. VARIANCE. City Planner, Mark Koegler, reviewed the applicant's request for a variance to allow construction of a new dwelling on an undersized lot with inadequate street frontage. In addition, setback variances to the front and rear are being requested. The requested variances include the following: Required Variance Lot Area 6,000 sf 726 sf Front Setback 20' 10' Rear Setback 15' 9' Frontage 40' 15' Koegler recommended approval of the variances due to the size and shape of the lot, both of which are criteria listed in Section 23.506.1 of the Mound Zoning Code, upon the following conditions: Ail setbacks shall be established on a site plan drawn by a registered land surveyor. Said site plan drawing shall accompany the building permit application. A 50 foot setback shall be observed from the ordinary high water line of Lake Minnetonka. This setback shall be shown on the site plan reference in item #1 above. Mark Koegler also reviewed a recommendation from the City Engineer. The situation relating to the sewer and water services for lots 5 and 6 was explained. The sewer service for Lot 5 crosses Lot 6 in the area of the proposed house. The water service for Lot 5 crosses Lot 6, but will probably not interfere with the proposed house construction, this will need to be determined by exposing the line. The deficient street assessment was explained. The City Planning Commission Minutes March 9, 1992 Engineer recommended approval of the variance upon the following conditions: That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. The deficient street assessment in the amount of $1,488.90 be paid (one unit charge at $1,170.90 and 40 L.F. at $318.00). The sanitary sewer service from Lot 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for Lot 6. Private easements running to Lot 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. Mueller questioned the difference between the lot size variance for the parcel in the Three Points area and this parcel. It was noted that this parcel abuts two unimproved streets that abut the shoreline which emphasizes the amount of open space for this parcel. Mr. Voss commented that when he purchased this parcel he was under the assumption that it met the 6,000 square foot lot area requirement. The Commission questioned if the street assessment charge of $318.00 for 40 L.F. is necessary. MOTION made by Clapsaddle, seconded by Hanus to recommend approval of the variance as requested with the conditions as listed in the City Planner's report and the City Engineer's Report, with the exception that the $318.00 street assessment charge be waived since the Kildare will not be improved and the applicant will be installing a driveway to meet specifications recommended by the City. Approval is also recommended due to the fact that the owner was under the assumption the parcel was 6,000 square feet at time of purchase and there is open space between the subject parcel and the lakeshore with the unimproved streets. Motion carried unanimously. This case will be heard by the City Council on March 24, 1992. Planning Co~miseion Minutes March 9, 1992 C/~E NO. 9H-003: RICHARD HENDERSON, ~948 SHORENOOD LANE, LOT BLOCK 2, 8NADYWOOD POINTw PID ~18-117-23 23 0013. VARIANCE. City Planner, Mark Koegler, reviewed the applicant's request for a variance to construct a 22' x 30' garage and foyer addition to an existing home. The variances being requested include: Lot Area Lakeshore Setback to Deck Side Setback Required Variance 10,000 sf 2,150 sf 50' 5' There is an existing boat house on the property which encroaches .3 feet into the neighboring lot. The applicant has indicated that the boat house is to be removed. There is a water line serving the home which will under the proposed addition, this issue was reviewed with the Sewer and Water Superintendent, Greg Skinner. Staff recommended approval of the lot area, lakeshore, and side yard setback variances conditioned upon the following: The existing boat house shall be removed prior to final building inspection. The existing water service shall be insulated under the proposed concrete floor in a manner acceptable to the Mound Sewer and Water Superintendent. Mueller questioned if a front yard setback variance is needed since the required setback is 30 feet and the proposed addition is 20.7 feet to the front. Koegler commented that considering the average setback of the two adjoining structures, the front yard setback will be conforming. The Commission discussed the proposed 5.4' side yard setback from the proposed addition and reviewed alternative solutions to alleviate the variance. MOTION made by Mueller, seconded by Clapsaddle to approve the variance as requested with the exception that the .6' side yard setback variance not be granted due to lack of hardship, and including the conditions as listed in the City Planner's report. Motion carried unanimously. Planning Commission Minutes March 9, 1992 The following changes were made to Section 318: Line 29: Add condominium units and townhouses. bines 30 - 33: Re-word to exclude "disclosure documents.,, Lines 37 - 41: Delete· Verify with attorney. Line 46: ,, · · · owner as to any knowledge of damage to the · · · II " Lines 68 - 70: " . . within the City without first having obtained ~ Truth in Housing Disclosure Report. ..... c d ........ to as set out in Section 318:05. The report, ~A_ ..... f-~t~ ~r v.d~r ..... t but ~ ~ shall be made available . . .,, Lines 76 - 79: Delete balance of paragraph after ', owner.,, · · · the first Line 85: "minimum e(~}e gity requirements . . .,, Lines 96 - 99: Beginning with "The form . . ." to end of paragraph should be moved to "b. The Zoning Disclosure form." Line 100: Line 102: Line 109: Line 132: Line 148: Line 153: Line 164: Line 211: Line 223: Line 224: "b. The Zoning Disclosure form shall . . .,, ". · . the present Bse!occupancy is conforming . .,, "~w~ C_i~ shall provide a copy of . .,, "second Wednesday,, Mueller questioned if this could be on another evening, other than a Wednesday which is commonly a church night. "In eese the event any . . .,, "remove a~ Truth in H~using Evaluator,s Certificatp Qf Competency for just cause . . .,, -- Also delete "($25.00) as an examination fee." "the secretary-treasurer of the e~m~~oard.,, "secretary-treasurer of" "the s~ Board" Planning Commission Minutes March 9, 1992 The Building Official reviewed the drafted Disclosure Report Form and the Disclosure Report Guide with the Planning Commission. The changes suggested are as follows: Disclosure Report Form PAGE ONE Move "NUMBER OF DWELLING UNITS" to Zoning Disclosure Report and add spaces for townhouse or condominium units. Add signature line for "Owner's Disclosure" for flood statement. A typo was noted in second sentence of health and safety information, "fore" should be "for." Also within this sentence, persons should be referred to the Minnesota Department of Health versus a "Minneapolis" department. Item $3 should read "Mound Disclosure Report Guide." TWO Their should also be a category for "NA" - NOT APPLICABLE. their be more "comment" area? Could Item 5, what is 3C? Item 23, Should their be a specific line for "Central Heating (yes or no)? Disclosure Report Guide The Building Official commented that he has yet to review the plumbing and mechanical related items with the plumbing inspector, and the electrical items with the electrical inspector. Line 76: Line 93: Line 98: A typo was noted "leeks" should be "leaks." ". . . check the beams for splittinq or excessive sagging . . . " . . . supporting columns which may indicates a structural problem . . ." Lines 109-10: Delete as it is repetitions, same as A. Lines 194-99: This section appears to be the same as lines 245 - 249. The Building Official should bring this to the attention of the plumbing inspector for review. 5 Planning Comm£ss~on ~£nut~s March 9, 1992 General Discussion - Truth in Housing Vice Chair Michael commented on the time involved to review this document and suggested a subcommittee review it in detail and then bring it back to the Planning Commission. In addition to receiving interpretations and opinions from a plumbing and electrical inspector it was suggested that the proposed disclosure form and guide be reviewed with an evaluator. It was determined that this professional input be obtained by the Building Official first, then the updated documents be referred to the subcommittee for review. Volunteers for the subcommittee are: Michael Mueller, Mark Hanus, and Geoff Michael. Mueller was chosen to be chairman of the subcommittee. MOTION made by Weiland, seconded by Mueller, to adjourn the meeting at 10:23 p.m. Motion carried unanimously. 9ice Chair, Geoff Michael Attest: 6 MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSXON MARCH 12~ 1992 Present were: Lyndelle Skoglund, Brian Asleson, Tom Casey, Shirley Andersen, Joy Eischeid, Mo Mueller, and Carolyn Schmidt, Council Representative Andrea Ahrens, City Manager Ed Shukle, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Marilyn Byrnes was absent and excused. The following were also present: Bargman. Michael Roach and Margaret New Commission member Mo Mueller was welcomed. MINUTES MOTION made by Casey, seconded bySchuidt, to approve the Park and Open Spaco Commission Minutes of February 13, 1992 as written. Motion carried unanimously. REQUEST BY PETITION TO DRE~E BLACK LAKE CHANNEL. The Park Director informed the Commission that at this time the City does not have the funds to pay for the requested dredge. A rough estimate for the cost of the Dredge is $368,500. Margaret Bargman questioned if the costs were further investigated, she was under the impression that the Park Commission tables this request until the March meeting in order to investigate the costs. The Parks Director clarified that the request was tabled pending information from the DNR relating to environmental impacts and criteria for evaluating dredges. This information from the DNR and related agencies is still in the development stage and is proposed to be completed by June 1, 1992. Asleson commented that he does not think the city has ever funded a dredge in front of private property in the past, and he does not think they should set a precedence by doing so now. Margaret Bargman reviewed the history of dredges in Black Lake Channel and stated that a previous dredge was done incorrectly, and therefore, her property which originally abutted public lands was converted to private shoreline. Michael Roach commented on the poor maintenance of the public shoreland and stated that a tree from public shoreland fell into the channel which now makes passage difficult. In his opinion, the County originally dredged the channel, and therefore it should be maintained. Park and Open Space Comm£ssio, Minutes March 12, 1992 The Parks Director explained that a dredge in this area would be very expensive since it would have to be a barge dredge and then the spoils would have to be brought to a truck and then disposed of. He commented that the Watershed will not allow the spoils to be disposed of in the middle/island of the channel. MOTION made by &sleson, seconded by Casey to table the request to dredge Black Lake Channel until the Commission rec~ive~ crite~ia.from t~e DNRand other related agencies ~. no? ~o evaAua=e envlromnental impacts of dredging. Tnxs xnform~tion is due to be released by June 1, 1992. Motion carrxed unanimously. The Parks Director commented that he will investigate if trees have fallen from public lands into the channel, and if so he will address the issue. TAX FORFEITED PROPERTY LISTS: REVIEW BY FRAN CLARK, CIT~ CLERK. The City Clerk reviewed a break down of city property uses, follows: as 67 = wetlands/conservation 64 = parks/conservation 94 = under City's control for: streets, drainage, utilities, city buildings, or cemetery 25 = released to Hennepin County and are currently for sale to adjoining property owners 5 = released to Hennepin County and are currently up for public auction In addition to the 64 parks/conservation, she reminded the Commission that their are commons areas and unimproved roads that extend to the shoreline that do not have property identification numbers, and therefore they are not on the list. Casey questioned if the City can get back the properties which have been released for sale. The City Clerk answered yes, however the City paid a fee to the County to release them, and another fee will need to be paid to get them back, they would have to be reconveyed. She suggested that the Park Commission deal with the park land that they already have. The City Clerk was thanked for her time and the Park Commission continued discussion of a plan of action. It was determined that they will still meet, as planned, on Saturday, April 4th at 8:00 a.m. at City Hall, and at that time they will tour the properties categorized as "parks with no names" and "released for sale to Park and Open Space Comm£es£on M£nutes March 12, 1992 adjoining property owners." The Commission will have to meet in the small conference room or in Jim's office due to election activities at City Hall that day. The Park Commission requested that staff verify with the City Clerk the procedure and cost to regain the parcels which have already been released. Staff will also prepare a map to assist the Park Commissioner's on their tour with the "no name parks" and "released" properties located. CONTINUED REVIEW OF ALLOCATION OF BUDGETED FUNDS FOR: BENCHES AND TRASH RECEPTACLES. The City Manager announced that due to a potential budget cut of $158,000, these items may eventually also be cut. MOTION made by Casey, seconded by Eischeid to table this - issue until tho next Park and Open Space Commission meeting following a decision from the legislature relating to 1992 budget cuts for the City of Mound. Motion carried unanimously. Schmidt requested that staff not take all the money away from the parks budget and that some money be retained for the parks in Mound. Asleson commented that he would rather see money spent on maintaining the parks than spend money on benches. Eischied would like to see funds retained for benches. Casey would like funds retained for trees, he would like to see Mound be a "Tree City." MOTION made by Casey, seconded by Andersen to recommend to the City Council that the Parks'Department receive no more than a proportionate cut than any other department in the City. Asleson suggested that the Park Commissioner's attend a City Council meeting when the issue of budget cuts is being discussed. Casey commented that hopefully this statement to the City Council will let them know how important the parks are. MOTION FAILED. Those in favor were= and Mueller. Those opposed were: Ahrens, Asleson, and Skoglund. Casey, Andersen, Eischeid, Schmidt, The Park Commission requested that Andrea Ahrens, City Council Representative relate to the city Council that they do not want the park's budget cut 100%. Park and Open Space Comm£ee£on Minutes March 12, 1992 [~MCD COMMERCIAL DOCK LICENSES= DRIFTWOOD SHORES AND SETON ~l~w. MOTION made by Schmldt, seconded by Asleson to recommend approval of the 1992 LMCD com~ercial dock licenses for Driftwood Shores and Seton View. Motion carried unanimously. .,ANNUAL PARKS TOUR Parks Director, Jim Fackler, informed the Commission that staff has suggested and investigated having the 1992 annual parks tour by lake using an A1 & Alma's boat. The theme of the tour would be commons and public shoreland and will give the Commission a chance to view encroachments and other related park issues from the lake. The date of the tour is proposed to be Saturday, May 16th from 11:00 a.m. to 2:00 p.m. The Planning Commission, Economic Development Commission and City Council will also be invited. _LMCD - Conflict of Interest Policy Casey questioned if the City of Mound has considered adopting a Conflict of Interest Policy. Different types of Conflict of Interest Policies were discussed, such as ethical and financial. City Council Representative, Andrea Ahrens, suggested that she raise this issue at a COW meeting to the City Council. REPORTS The City Council Representative, City Manager, Park Director, and Dock Inspector gave their reports. The budget cuts were discussed. The meeting which was held on February 27th for the realtors was discussed and it was noted that another similar meeting will be held in 1993. MOTION made by Schmidt seconded by Ahrens adjourn the Parks & Open Space Commission Meeting ~ 9:23 p.m. Motion carried unanimously. 4 A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. ~IAMES O. I-ARSON, P.A. THOMAS D. UNDERWOOD, P.A. CRAIG H. HERTZ ROG~'R ~J. F'£LLOWS LAW OF'F'ICE$ WURST, PEARSON, I-ARSON, UNDERWOOD & MERTZ I100 I~IRST BANK PLACE: WE:ST MINNEAPOLIS, MINNESOTA 5540:~ March 4, 1992 Mr. Edward J. Shukle City Manager City of Mound 5341 Maywood Road Mound MN 55364 [C'U MAR 5 i992 Re: City of Mound - Rental Housing Ordinance - Executive Summary Dear Ed: This will acknowledge receipt of your letter of February 12, 1992, wherein you have asked me to submit an executive summary of the proposed rental housing ordinance. You indicate this will be discussed at the City Council's Committee of the Whole meeting, and it is the Council's intention to review this prior to a public hearing. I have prepared an executive summary, but it is very short and simple and basically outlines what the ordinance is trying to accomplish. I have not gone into the details that are in the ordinance, which at times is extremely complex and may have meaning to building officials and contractors but is difficult for lay people to understand. You will recall that after I initially drafted Chapter 319, ameeting was held between the City Planner and the then Building Official and the size of the ordinance was expanded extensively. It was Jan Bertrand's position that much of what she was going to be asked to administer should be placed in the ordinance so she would be able to point to something and tell the landowner why he had to do these things. I believe that much of what she has inserted in this ordinance relates to materials that are in the Uniform Building Code and could be adopted by reference to that Code or to other codes. This is a decision that I believe was discussed in great detail with you and with the other City officials. I am not sure how this was presented to the Planning Commission, but I presume that since this is the final draft that they are submitting to the Council for consideration, that they have basically reviewed and approved this. Ed, I want to point out it is difficult to summarize something which has a good deal of detail. Take the purpose section in Section 319 where we set out 6 specific reasons for enacting the ordinance. It seems to me that it is just as easy for the people to read those so they understand the findings that are being made to justify proceeding with this type of WURST, PEARSON, LARSON, UNDERWOOD & MERTZ control. I will be happy to expand this or go into any particular section raised by the Council, but I don't know how much of a summary you expected or just what it is the City Council wants. It may be that the Planner and/or the Building Official can expand on my outline to cover points that they believe are of special significance to the City Council and to the public who will be subject to the regulations of the proposed ordinance. CAP: ih Enclosure truly ~s, City Attorney SUMMARY OF PROPOSED CHAPTER 319 This proposed ordinance works together with proposed Section 495 which is the rental housing licensing ordinance. Under that proposed ordinance, any rental housing must get a license and must maintain the standards set forth in Chapter 319 (495:45). The purpose and intent is to protect and regulate the health and safety conditions for our residents. Summary of Section 319 319:00 Purpose of Housing Maintenance Regulations for Rental Properties. a. 6 reasons are set forth establishing the purpose for enacting the ordinance. These are set forth to indicate purpose and to justify adoption of the ordinance. b. The ordinance makes it clear it is not intended to intrude on the contractual obligation of the landlord and the tenant. 319:05 States the ordinance intends to provide standards to protect the character and stability of residential areas in the City. 319:10 This is the definition section and sets out explanations of 39 terms used in the ordinance. 319:15 Responsibilities of Owners and Occupants. This prohibits an owner from renting premises unless they are fit for human occupancy and meet all applicable legal requirements of the State or the City. Subd. 1 and 2 define responsibility of the parties for different areas of the structure. The tenant is required to take care of their rubbish and garbage; in multiple units the owner has responsibility to furnish facilities where the tenants can store their garbage. There are 15 specific subdivisions setting out responsibilities for the varioius areas and covering health and safety issues. It covers plumbing, heating, lighting, etc. 319:20 Minimum Standards for Basic Equipment and Facilities. This section requires a kitchen, cabinets, and shelves to store food, and requires a stove and refrigerator, a minimum amount of storage space, toilet facilities, a lavatory sink, and a bathtub or shower. 319:25 Establishes general standards for the structure i.e., the foundation, exterior walls, roof, windows, doors, screens, floors, interior walls, and ceilings. This section also requires the building to be rodent resistant and covers maintenance of fences and accessory structures. 319:30, 319:65, 319:75 319:80, 319:105 319:110, Subd. 7 of this section goes into great detail on required safety elements for stairways, balconies, porches, etc. Subdivisions 8 through 12 set out standards for chimneys, grading and drainage, yard cover, minimum ceiling heights, and access to bedrooms and bathrooms. 319:35, 319:40, 319:45, 319:50, 319:55, and 319:60 are all very technical building code standards which generally follow the Uniform Building Code. Jan Bertrand was with the City when the ordinance was first drafted and she wanted all these items listed in the ordinance. This goes into much more detail than most ordinances of this nature. These sections cover requirements for door and window locks, standards for light and ventilation, electric services, thermal standards, winterizing of the premises, and very detailed requirements relating to fire protection. 319:70. These sections appoint the City Manager as the Compliance Officer and state that inspections shall be during reasonable hours. They also relate to access and lay out the process if inspection is refused (city application for court order). Unfit for Human Habitation. Sets the standards for declaring a unit unfit for human habitation, and makes it illegal for people to occupy the unit after such a declaration until the defective conditions are corrected. 319:85, 319:90, 319:95, 319:100. Secure Unfit and Vacated Dwellings. Requires owner to make the building safe and secure so it is not hazardous to the public health, safety, and welfare. If the building defects are not corrected it can be declared a hazardous building and a compliance order will be issued outlining the process; the owner has a right to appeal and the Board of Appeals will review the decision. Restriction on Transfer of Ownership. The owner is restricted from transferring ownership while a compliance order is pending. 319:115. These sections indicate that failure to comply is a misdemeanor and allow the City to execute certain compliance orders. REC"D MAR ,3 !992 March 17, 1992 TIME IS RUNNING OUT The Public Works Committee of the Hennepin County Board of Commissioners will vote on the Pioneer Trail test project on Thursday, March 26th. We have not won yet. We still do not know how Commissioner Tad Jude will vote on this issue. We are seriously concerned. If you are one of the many people who have called or written to Commissioner Jude to express your support for the project, THANK YOU. If not, there is still time to do so. It doesn't hurt to call or write more than once either. We will be providing bus transportation to the committee meeting in the Hennepin County Government Center on March 26th for those who wish to ride We urge you to plan to attend this important hearing. Only through a show of community support for this project can we demonstrate to the county commissioners that they need not fear for their jobs if they support the combined fly and bottom ash testing. The bus will depart from the Medina Ballroom parking lot, located on Highway 55 in Medina at 8:15 a.m. on the 26th. If you would like to ride, please call Jeff Spartz at 371-0233 at any time of day or night. Jeff's voice mail operates 24 hours per day. We would like to get a preliminary headcount since we might need two buses. A continental breakfast reception will immediately precede the hearing. YOU CAN HELP, by writing or calling. Pass this information on to 10 or 20 of your friends and neighbors and ask them to call or write before March 26th. Listed on the next page are some good reasons to support the proposed Hennepin County/MSC Demonstration Project on Pioneer Trail in Corcoran. Pick your favorites and then use them in letters and telephone calls to the Commissioner, but try to put them in your own words. (Politicians can usually tell when everybody is saying the same thing, and then tend to discount its importance.} CALL OR WRITE (OR BOTH) Commissianer Tad Jude Hennepin County Board of Commissioners A2400 Government Center 300 South 6th Street Minneapolis, MN 55487 Phone: 348-3084 For more information contact: Judy or Neil Anderson 498-8911 Doris Conzet ....... 498-8192 Sherri or Rodney Blue . . 478-6592 Marvin Johnson . . 479-2274 Marlys or Howard Schlief . . 498-8387 Jeff Spartz ........ 371-0233 Fred Gustin (MSC) .......................... (404)424-1900 We are pleased that the following city councils have passed resolutions or written letters supporting this effort: Corcoran Mound Greenfield Orono Independence Rockford Long Lake Rogers Maple Plain St. Bonifacius Minnetrista These will be presented to the Board of Commissioners along with the petitions that the residents of Pioneer Trail in Corcoran have been circulating for signatures. In addition, your elected representatives have been working hard to keep garbage going to the downtown Minneapolis HERC incinerator and out of western Hennepin County. The following state legislators recently wrote to the editors of the local newspapers and the Star Tribune to express their concern that the Hennepin County Board of Commissioners could let the largest investment in county history go down the drain by not taking the lead in exploring new ways of using HERC by-products: Senator Gen Olson, IR - District 43 Senator Betty Adkins, DFL - District 22 Senator Patrick D. McGowan, IR - District 48 Senator Gene Merriam, DFL - District 49 Representative Tony Onnen, IR - District 22B Representative Bill Schreiber, IR - District 48B Representative Steve Smith, IR - District 43A Pioneering Creative Environmental Solutions PICES Reasons to Support Ash Demonstration Project Landfill Abatement - there will be fewer landfdls needed for garbage, especially in westem Hennepin County, if HERC can continue to operate. Likewise, there will be fewer landfills needed for ash, especially in westem Hennepin County, if the ash is permitted to be recycled. If the ash has nowhere to go, HERC may have to shut down, sending mountains of garbage back to landfills. Conserve natural mineral res.ources by replacing a portion of the rock used in pavement with synthetic aggregate made from ash. Provide a more cost-effective method for Hennepin County to manage its HERC ash than by disposal of the ash in a landfill. 5. Recycling as many waste streams as possible, including the fly ash portion of the ash, is good public policy. This is one recycling method that could really work well, or at least it should be given the oppormniw to be demonstrated. 6. The test will not good measure of the effectiveness of the MSC process if only bottom ash is used. Using combined ash actually produces a better synthetic aggregate than using bottom ash alone. 11. 12. The 100 tons intended for use in the Demo project have already been produced using both bottom ash and fly ash. The aggregate has been tested and proven to meet state and federal drinking water standards by an independent environmental testing laboratory located in the Twin Cities. This is the standard of safety established for this project by the Minnesota Pollution Control Agency. The residents of Pioneer Trail, who are most affected, support the project. Call them and ask. Only a small percentage (about 5%) of the ash cannot be processed into aggregate and would require landfill disposal. That's 5,000 tons divided by 365,000 tons of garbage per year, or less than 2% of the original garbage being landrfilled, resulting in a better than 98% reduction through incineration and then utilization of the ash by-product. There are sufficient safeguards in plac, e to prevent any possibility of harm to human health or the environment. These include laboratory t6sting, site monitoring during and for years after construction to ensure environmental safety, and plans for removal of the road if necessary. The environmental advocacy groups oppose the beneficial use of ash because it does not further their political agenda, which is to shut down all municipal solid waste incinerators throughout the U.S. With the advanced air pollution control systems now being installed, ash disposal is the only issue that can be contested by environmental advocacy groups, and their last remaining weapon to use to shut down the garbage burners. A safe, environmentally-acceptable method of utilizing the ash will take away their last argument against keeping the HERC waste-to-ener- gy plant open (and require them to find a new way to keep the donations coming in). PLEASE WRITE OR CALL COMMISSIONER JUDE WE NEED YOUR HELP NOW FROM: DATE: Mark Koegl~i March 13, 1992 SUBJECT: LMCD Lake ACcess TaSk Force ...,. ~Main problems .at. accesses occur at Peak times. .. ° Public perception is that access is free - someone pays - Task Force will help. determine who. attended the Lake Access Task Force meeting.~held on March I .fOllowing tn~/tt~rs ::,werer digCuSsed: :_. :-...~: ~.~ ~!:f,.:,!i:!i~i.;:;: .... . . 11, 1992. m~ssion~ 'of the. ~ask'F~ce .is to l~ate'7~ reliable car/~afler p~king 'spaces on L~e 'Minnetonka. ~e Task Force includes 19 mem~r ~groups including cities, LMLOA, Hshing .Groups, ~e DNR and Hennepin - ar s. F~rce ..?s, p~t :of~.. the ~plemeha~on .gement Plan. " ~'" .... o Task Force needs to verify previoUsly' identified' Sites - are they still available? o_ ·Can~. existing marinas supply some public-boat launching and parking? At this point in the meeting, the Chairman asked for comments from those present: o Tad Jude, Hennepin County County is a historical supplier of access and will continue tO be so in the future. Task Forco needs to look at the roles of cities and thei¢ount¥. in supplying iiCc~ . Who ~hould fund and run' boat acCi~es?':' :'-~: :' ~"- - ~ ' - d." ',.. -~ '.' ' ' '" ':"" Scott C~lson,' a p~cipatory .,pr:ocess a:';':-~'Vem Haug, Tonka Bay '- C~.~ funds maintenance-'of access (not ~ps). Milfoil and zebra mussel problems Will ~ complicated by thc addition of car/~ailcr p~king stMls. Additional access will not benefit Chairman;s"~esponsc to 'abOve, LMCD's.best 'estimate is that 1,150 boats ~ MINN~rONKA ........ ON INC I, AKI~ilORB OWNERS &Sa4;~it-,s . _,.,._ P.O. BOX 596, ~,XCRLSIOR. MN 55331.059t~ FROM: Members of the Lake Minnetonka Access Task Force: Don German,son, President, LMLOA DATE: March 11, 1992 SUB,l: Interest Statement · ' 's with the Lake Minnetonka The Lake Minnetonka Lakeshore Owners AssocmUon involvement Access Task Force is to insure that all users: public access, residential l~l~eshore owners, marinas and yacht clubs, and home associations have fair access to the lake We are especially interested in insuring the safety and recreational experience for all users. Any of the actions proposed by this Committee should take into consideration the underlying factor of the environment for future generations to enjoy. LAKE NINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM - Public Hearing 7:30 PM - Regular meeting 'Wednesday, March 25, 1992 Tonka Bay City Hall 4901Manitou Road (County Rd 19) 7:00 PM - PUBLIC HEARING City of Tonka Bay, New Dock License application 7:30 PN - REGULAR MEETING CALL TO ORDER ROLL CALL READING OF MINUTES - 2/26/92 Board Meeting PuBLIc COMMENTS - From persons in attendance not on agenda CHAIR ANNOUNCEMENTS CONSENT AGENDA - Items marked * will be approved in one motion unless removed from consent agenda for discussion COMMITTEE REPORTS ENVIRONMENT, Chair Hurt A. Eurasian Water Milfoil Task Force, Chair Penn B. Independent evaluation of Eurasian water milfoil Weed Harvesting program C. Additional business recommended by the committee WATER STRUCTURES, Chair Babcock A. Approval of minutes, 3/14/92 meeting B. Rockvam Boat Yards, Site 2, Dock Length Variance, Coffee Cove; recommending approval of the length variance to 153' (and the addition of a 25' make ready dock to accommodate the fishing boat amenity), instructing Counsel to draft the Order C. Ron Whinnery, Dock Length Variance, Carsons Bay; recommending approval of the length variance to 511', instructing Counsel to draft the Order Halstad Acres Improvement Assn., New Multiple Dock License, Halsted's Bay; recommending approval of a 7 slip multiple dock, accepting $350 as back-licensing fees Board Agenda, 3/25/92, Pa'ge 2 B. Bean's Greenwood Harina, New Multiple Dock License and Length Variance, St. Alban's Bay; 1)recommending denial of the variance to relocate 8 slips beyond 100', 2) recommending approval of renewal with 3 slips, #101, #T-III & #106, relocated within 100' - F. Bupp Dock Length Variance, Carsons Bay; recommending approval of the Order granting the variance as drafted G. Multiple Dock License renewal applications: 1) Excelsior Park Tavern, Excelsior Bay; recommending approval of: 1) amenities as presented; 2) the 32 sllp configuration for 12 transient and 20 storage to include storage and operation of 4 charter boats. [The drafting of the Order is to await applicant's final decision on the new dock plan.] 2) Chapman Place Marina, Cooks Bay; recommending approval with the new agreement between Chapman Place Association and Vincent McClellan, dba Minnetonka Dock and Plow Service 3) Poxhi11 Homeowners Assn., Smiths Bay; recommending approval with relocation of Slip I, a .32' slip with a 40' canopy, to the right of the main dock subject to letter of approval from the neighbor i) David Thomas Development (Bayshore III Addition), South Upper Lake; recommending approval subject to payment of outstanding fees 5) Howards Point Marina, South Upper Lake; recommending approval (with changes in Slips 1-14 per site plan submitted 11/88) 6) Other renewals without change, recommending approval per 3/14/92 minutes H. New Nultiple Dock License appllcatlons, recommending approval per 3/14/92 minutes, subject to Board waiving public hearing; 1) Schmltt's Marina, Excelsior Bay; 2) City of Wayzata, Broadway Docks, Wayza[aBay; 3) Clay Cliffe Homeowners Association, Old Channel Bay; 4) Minnetonka Yacht Club, Site 1, Carsons Bay; 5) Eagle Bluff Homeowners Association, Halsteds Bay; I. First reading of Ordinance relating to Storage of Lake Maintenance Equipment on Lake Minnetonka; J. Request to waive late fee for Shorewood Yacht Club, currently under receivership, recommending denial K. Additional Business recommended by the committee LAKB USB AND RECREATION, Chair Foster A. Report of 3/16/92 meeting; due to lack of quorum no action was taken, B. New Special Event Application, Minnetonka Public Schools, Solar Boat Regatta, Saturday, 6/20/92 (with 6/21/92 as an alternate for bad weather), Gideons Bay, requesting LMCD waive or reduce fees and deposit due to school project's limited funding d~' 3/25/92 n , Pase 3 New Wine and Beer License Applications for A1 & Alma's Charter Boat I, staff recommendation to waive investigation and fee D. Fundraising proposal from Tonka Wet Spot, Corp., 3/9/92 letter E. Hennepin County Sheriff's Water Patrol report F. Additional business recommended by the committee LAKE ACCESS TASK FORCE, Chair Grathwol FINANCIAL REPORTS, Treasurer Boswinkel A. Statement of Cash Transactions, month ending 2/29/92 B. Audit of Vouchers for Payment EXECUTIVE DIRECTOR REPORT, Strommen A. Prosecuting Attorney Tallen, change of law firm UNPINISNED BUSINESS NEW BUSINESS ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 p.m., Wednesday~ Pebruary 26~ 1992 Tonka Bay City Hall CALL TO ORDER: The meeting was called to order by Vice Chair Reese at 8:00 p.m. ROLL CALL Members Present: Thomas Reese, Vice Chair, Mound; Bert Foster, Deephaven; James Grathwol, Excelsior; Wm. Johnstone, Minnetonka; Jan Boswinkel, Treasurer, Minnetonka Beach; Scott Carlson, Minne- trista; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn, Tonka Bay; Duane Markus, Wayzata. Also Present: Charles LeFevere, Counsel; Deputy Cliff schmidt; Sher- iff's Water Patrol; Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. Members Absent: David Cochran, Chair, Greenwood; JoEllen Hurt, Orono; George Owen, Victoria; Robert Slocum, Woodland. READING OF MINUTES Babcock moved, Boswinkel seconded, to dispense with the reading of the minutes. Motion carried unanimously. MOTION: Grathwol moved, Foster seconded, to approve the minutes of the January 22, 1992 Board meeting with the following corrections: Page 2. COMMITTEE REPORTS 1. ENVIRONMENT A 1) to read: Reese referred to a communication from John Barren, Water Quality Manager,' Hennepin Parks, dated 1/2/92, in which an in- house Parks laboratory for water quality sampling would be imple- mented. Page 3. Paragraph 4 Line 9 to read: study. Maple said it is his belief that .the ~M~D MCWD will ultimately --- Page 11. B. Management Plan Contract Para 2 Line 4 to read: requested, is $&T786r46 $1,756.14. There are no other outstand- ing claims. VOTE: Motion carried unanimously. PUBLIC COMMENTS: There were no comments from persons in attend- ance not on the agenda. CHAIR ANNOUNCEMENTS: There were no announcements from the Chair. CONSENT AGENDA: MOTION: Foster moved, Grathwol seconded, to approve the following agenda items: 2.A. Water Structures Committee minutes of 2/8/92 as sub- mitted. -continued LMCD BOARD OF DIRECTORS February 26, 1992 2.C.l.a. Multiple Dock License Renewals without Change:. Al & Alma's Supper Club, Cooks Bay Bayview Condominiums, Spring Park Bay Big Island Veterans Camp, Veterans Bay Boat Rentals of Minnetonka, Harrisons Bay Boulder Bridge Homeowner's Assn., South Upper Lake Cardinal Cove Beach Assn., Halsted Bay Cedarhurst Association, Robinsons Bay Chimo Association, Carsons Bay Cochrane's Boatyards, St. Albans Bay and Excelsior Bay Crane Island Assn., West Upper Lake Crystal Bay Service, West Crystal Bay City of Deephaven, Carsons Bay and St. Louis Bay Eagle Bluff Assn., Halsted Bay City of Excelsior, Excelsior Bay Gayle's Marina, Maxwell Bay Grandview Point, Carsons Bay Gray's Bay Resort & Marina, Grays Bay Gray~s Landing Homeowners Assn., Grays Bay City of Greenwood, St. Albans Bay & Lower Lake South Harrison Harbor Twinhomes, Harrisons Bay Herzog Acres, Wayzata Bay Jennings Cove Dock Owners Assn., Jennings Bay Lafayette Club, Crystal Bay Lafayette Ridge Homeowners Assn., Lafayette Bay Lakewinds Assn., Spring Park Bay Libbs Bay Boat Club, Libbs Lake Loring Acres Beach Assn., West Upper Lake Maple Crest, Jennings Bay Meadowbrook Boat Club, Libbs Lake & Grays Bay City of Minnetonka Beach, Lafayette Bay, Crystal Bay, Lower Lake North Minnetonka Boat Works-Orono, Browns Bay & Tanager Lake Minnetonka Boat Works-Wayzata, Wayzata Bay Minnetonka.Portable Dredging, Gideons Bay Minnetonka Power Squadron, Big Island Passage Minnetonka Yacht Club, Carsons & Lower Lake North City of Mound Priests, Cooks, W Upper Lake, Phelps, Black Lake, Emerald Lake, Seton Lake, Harrisons, Jennings & West Arm Bays Richard Neslund, Wayzata Bay Ridgewood Cove Property Owners Assn., Jennings Bay Art Rossberg, South Upper Lake Seahorse Condo Assn., Jennings Bay Seton Twinhomes, Seton Lake Victoria Estates, North Arm Walden. Tract X Property Owners Assn., St. Louis Bay Walters Port Assn., Carmans Bay City of Wayzata, Wayzata Bay Windward Marine, Browns Bay & Tanager Lake Woodend Shores Beach Assn., West Upper Lake 2 LMCD BOARD OF DIRECTORS February 26, 1992 2. C.l.c. District Mooring Area Renewal Applications: City of Deephaven, Carsons Bay & St. Louis Bay City of Excelsior, Excelsior Bay Minnetonka Yacht Club, Carsons Bay 2.C.l.b. Non-renewing Multiple Dock License - Held in Abey- ance RDP Partners, Spring Park Bay, Spring Park 2.E. Deicing Licenses 1) New applications: a. Leno Mikenas, St. Albans Bay, Greenwood b. Dan Hessburg, Priests Bay, Minnetrista 2) Deposit Refund of $100 Excelsior Park Tavern - Not deicing 3.D. Special Events: 1. Deposit Refunds $100 each: a. Ehlert Publishing Group, Wintertainment, 1/23 - 1/25/92 b. Westonka Snoblazers, Fun Run, 1/31/92-2/1/92 c. Lafayette Club, Family Fishing Derby, 2/2/92 d. MN/WI Pro Am Bass Tournament, 6/2/91 E. MN/WI Pro Am Bass Tournament, 8/24/91 f. Lord Fletcher's Broomball, (extra deposit) 3.D.2. Holiday-Johnson Leukemia Crappie Contest 4/18/92. Waive late fee on renewal application received less than 90 days prior to event, per 2/12/92 letter. VOTE: Motion carried unanimously. COMMITTEE REPORTS 1. ENVIRONMENT, Chair Hurr A. Eurasian Water Milfoil Task Force, Chair Penn Penn submitted the minutes of the 2/21/92 EWM Task Force meeting. a. CREW TEAM ARRANGEMENTS. Penn and the executive director have been working on a plan to cross-train the employees. There will be full use of shore off-loading, with two crews working one area simultaneously. There are no plans to use barges. The Task Force will continue to develop the staffing and position respon- sibilities. b. HARVEST TIMING AS A FACTOR OF GROWTH. Penn submitted the executive director's proposed Aquatic Plant Growth Index to be used in monitoring harvesting results. It will be necessary to hire a consultant to accomplish the schedule. The executive director advised that, before contracting someone to do this, it will be considered at the next Task Force meeting of 3/17. The monitoring of the growth is a year around program. The Task Force will make a recommendation in March. Harvest priorities are areas of high boat traffic, public accesses and residential areas. LMCD BOARD OF DIRECTORS February 26, 1992 C. SONAR TREATMENT SITE. St. Alban's Bay and Carson's Bay will be evaluated as SONAR test sites for treatment of EWM, in cooperation with the DNR, DowElanco promoting the SONAR product. Foster said the program would be on a cost sharing basis with Bay lakeshore owners. A closed bay is needed for SONAR to be effective. Babcock asked about the results of the use of SONAR in Libbs Lake. The executive director said a detailed analysis of the aquatic plant was not taken by the homeowners prior to treatment. The homeowners will monitor the 1992 status as to any re-growth. Johnstone asked about the cost and if Gray's Bay could be included as a test site. Penn responded Gray's Bay is not suit- able because of the anticipated heavy water flow through the bay, over the dam, washing out the herbicide before it could be effec- tive. Markus suggested using SONAR's slow release granules. Penn said he will follow up on the suggestion with the manufacturer. Boswinkel suggested individuals use Aquacide (2.4-D) for shoreline treatment rather than treating an entire area. d. 1992 DNR MILFOIL CONTROL PERMIT APPLICATION. Penn reported the permit application will be essentially the same as 1991 at 1,881 acres, although it is uncertain if that acreage will be harvested. An additional proposal would treat 27 acres at Diamond Reef with 2,4-D. The Minnetonka Yacht Club and Wayza- ta Yacht Club have offered to share 1/2 of the cost. The execu- tive director estimated the cost at $4,500. Carlson asked if this has been done in the past. Penn responded that the purpose of the control program is to protect the recreational use of the Lake. The primary impact of treating Diamond Reef is to make the area free of weeds for public sail- ing. Carlson's suggestion that this might bring more requests was answered by Babcock who said requests would be judged on merit. Babcock also said this matching fund activi'tY could be encouraged with benefiting organizations. DNR MANAGEMENT PLAN FOR ECOLOGICALLY HARMFUL EXOTIC SPECIES. The executive director said the plan is a result of a 1990 legislative mandate to the DNR. It was released on 1/21. The plan contains a series of recommendations on controlling EWM, Zebra Mussel and other aquatic species. It calls for some access monitoring. This is a concern of the fishing groups who foresee additional fees. Penn and the executive director are preparing a response by 2/28. EXOTICS LEGISLATIVE BILL, HF 1965. The Task Force did not have time to evaluate the bill to make a recommendation on it. Boswinkel said education of the public is important. The fishing organizations and other special interest groups must be made aware of the dangers of exotics. He said it is important to stress the work the LMCD has done the past three years. Research takes time, action is needed now. LMCD BOARD OF DIRECTORS February 26, 1992 FRESHWATER FOUNDATION. A conference, sponsored by the MN Sea Grant Program and the Freshwater Foundation, will be held on 3/20/92 at Breezy Point on "Exotics in Minnesota, the Inland Invasion." The executive director has been asked to participate on a milfoil panel. The conference is directed at out-state lake associations. 2. WATER STRUCTURES, Chair Babcock B. Bupp Dock Length Variance, Carsons Bay, Deephaven. MOTION: Babcock moved, Grathwol seconded, to approve a dock length variance for Jeremy Bupp contingent on his maintaining a seasonal, hand driven dock, with no dredging or pile driven dock which would unduly damage the wetlands. The dock should be limited to reach open water, not to exceed 340'. The variance is conditioned on a satisfactory signed and recorded easement with Bupp's neighbor, Strot. The LMCD attorney is to draft the Find- ings of Fact and Order for further consideration. DISCUSSION: Markus mentioned the letter from the City of Greenwood opposing the construction of the Whinnery dock, 2 houses down, also over wetlands. He questioned whether there was a difference in the two neighboring docks. The executive director said he has talked to Frank Kelly, Greenwood Counsel. It is the mayor and counsel's belief that nothing should be built in wetlands. Howev- er, the DNR does allow it, with specific conditions to protect the wetlands. There was discussion as to what constitutes a seasonal dock. The LMCD Code defines a permanent dock as one which is not season- ally removed from the Lake. Grathwol commented that not all Board members agree with that. The discussion noted there are many locations on the Lake where a hand driven dock is not seasonally removed where there are no problems with the dock being dislodged by the ice or creating a hazard. The Board members discussed the construction of docks over wetlands per se, Babcock stated there is a concern about wet- lands and the decision has to be made on a case by case basis. He would like to see the LMCD develop a wetlands policy. Rascop believes the LMCD rules could be more restrictive than DNR rules. Markus expressed concern about setting a precedent. (By allowing a hand installed dock over a wetland) Reese agreed that there may be an effect on some Mound properties which face on wetlands. LeFevere said the development of the Findings for the vari- ance is critical, either for approval or denial. There is a fundamental right to reach navigable water although that right is not absolute. There may be occasions when that right may be harmful to the environment, which the LMCD must recognize and identify. Penn would like to refer the variance back to the committee. LeFevere said delaying a decision may result in not finding any basis for turning down the variance. If in the future something was determined, the policy could be changed and these two sites would be grandfathered in. VOTE: The motion carried, Rascop, Penn and Markus voting nay. LMCD BOARD OF DIRECTORS C. Multiple Dock Licenses 2. Minor Site Plan Changes February 26, 1992 NOTION: Babcock moved, Grathwol seconded, approval of minor site plan changes per staff report of 1/21/92 for the following: a. Driftwood Shores, Harrison Bay b. Lord Fletcher's of the Lake, Coffee Cove c. Rockvam Boat Yards, Site 2, Coffee Cove d. Seton View, Seton Lake VOTE: Motion carried unanimously. VOTE: 3. New Dock License Applications MOTION: Babcock moved, Boswinkel seconded, to waive the Public Hearing and approve the following new dock licenses: a. West Beach Apartments, Coffee Cove - changing dock length from 80' to 100', with no change in configu- ration. · b. Sandy Beach Place, West Arm - Adding an 8' exten- . sion on the main dock for fishing and waterskiing, upon condition that no boats are to be tied or stored on the extension. Motion carried unanimously. D. Policies and Procedures Subcommittee The Board received a summary of staff administrative recom- mendations and proposed Code amendments dated 1/30/92. I. PROPOSED CODE AMENDMENTS. MOTION: Babcock moved, Boswinkel seconded, to direct the LNCD attorney to prepare the code changes proposed in the memo dated 1/30/92 in proper form for publication. VOTE: Motion carried unanimously. 2. ADMINISTRATIVE RECOMMENDATIONS MOTION: Babcock moved, Grathwol seconded, to approve the administrative recommendations in the memo dated 1/30/92 except Deicing Applications and Special Event Applications. Under Renewal Multiple Dock Licenses - Special Density Licenses, the reference is to all amenities being provided as a condition of the license. VOTE: Motion carried, Rascop abstaining. NOTION: Babcock moved, Foster seconded, to direct the LMCD attorney to prepare a Code change to authorize the executive director to issue Deicing licenses, subject to compliance with the Code, notifying the Board of licenses issued. VOTE: Motion carried unanimously. The Special Event Licenses recommendation is referred to the Lake Use Committee. LHCD BOARD .OF DIRECTORS February 26, 1992 F. DNR Letter to the MC~D Regarding Carlson Real Estate Co Development in Minnetrista on Halsted's Bay. Carlson addressed the Board on the subject of a letter the City of ~innetrista was copied from the DNR regarding the DNR permit application requirements to be met for dredging in Lake Minnetonka, in the proposed development of the Carlson Properties in Minnetrista. Carlson said the City has been working on the plan for some time. It is their feeling that the Carlson Real Estate Co. project is constructive and complies with the city's ongoing environmental protection policies. The DNR is requiring a plan for the entire development before they will issue a dredg- ing permit. The city has its shoreland policy in place. It is Carlson's opinion that this is excessive interference in local matters. Carlson asked staff to distribute copies of the letter from the DNR to the Board members. 3. LAKE USE AND RECREATION, Chair Foster A. Approval of Minutes. MOTION: Foster moved, Penn sec- onded, to approve the minutes of the 2/24/92 meeting of the Lake Use and Recreation Committee as submitted. VOTE: Motion carried unanimously. B. Hennepin County Department of Public Works Program for Lake Minnetonka. 1. The 1992 maintenance program was accepted as sub- mitted by Denis Bailey, Engineering Technician, Hennepin County Lake Improvement. 2. MOTION: Foster moved, Penn seconded, to approve the slow buoy program same as 1991, including the three buoy arrangement near the Seton Townhouses. VOTE: Motion carried unanimously. C. Resolutions Regarding Low Water MOTION: Foster moved, Penn seconded, to adopt Resolution No. 82, Resolution Declaring End to Low Water Condition and Re- scinding Resolutions #53 and #73. VOTE: Motion carried unanimously. Babcock said this will require the residential docks with temporary low water extensions to be brought back to I00' or less as normal water allows. E. Hennepin County Sheriff's Water Patrol Report Deputy Schmidt had nothing further to add to the report given 2/24/92 at the Lake Use and Recreation committee meeting. 7 LNCD BOARD OF DIRECTORS February 26, 1992 4. LAKE ACCESS, Chair Grathwol Orathwol has set the first meeting of the Lake Access Task Force for Wednesday, March 11, 1992, ?:00 p.m. at the Minnetonka Community Room, Minnetonka City Hall. Twenty-four people have been invited including the 14 cities, major agencies, fishing, homeowning and marina people from around the Lake. Orathwol presented a proposed agenda and statement of goals and objectives along with the 1983 Governor's Task Force report and the 1986 Metropolitan Council's Task Force on Lake Minnetonka report. This material is being furnished all participants. Board members should save and bring their material to the 3/11 meeting. 5. FINANCIAL REPORTS, Treasurer Boswinkel A. The Board received the Statement of Cash Transactions for the month ending 1/31/92. It was ordered filed. B. Audit of Vouchers for Payment Markus questioned the membership fee for the Wayzata Chamber of Commerce in the amount of $50. He expressed concern that each of the Lake cities could ask the LMCD to join its Chamber of Commerce at a potential cost of $700. The executive director said this is one of two Chambers in which the LMCD has membership. There is only one other local lake-area chamber, Westonka. Carlson and Boswinkel expressed the opinion that it is worthwhile investment, Boswinkel stating it is good place to state LMCD objectives. MOTION: Markus moved, Rascop seconded, to not join the various Chambers of Commerce. VOTE: Markus and Rascop voted aye. Motion failed. MOTION: Rascop moved, Babcock seconded, to pay bills in the amount of $29,386.48. Checks #8355 through #8408. VOTE: Motion carried unanimously. 6. EXECUTIVE DIRECTOR'S REPORT, Strommen A. Request for Proposal (RFP) - Management Plan Objectives and Selection of a Consultant/agency. The executive director reported that the DNR will partici- .pate in the density study of Lake Minnetonka boat use during the summer of 1992. It will share in half the projected $25,000 study cost. The DNR has also suggested that an attempt be made to gain participation from Hennepin Parks and the Metropolitan Council for either staff assistance or possible funding. The executive director presented a draft Request for Propos- als (RPF) for the Board's advance information. Advertising for proposals is planned to start 3/1/92 with a response deadline of 3/16/92. -continued LMCD BOARD OF DIRECTORS February 26, 1992 MOTION: Rascop moved, Orathwol seconded, that LMCD officers and committee chairs be authorized to approve the Request for Proposals along the lines drafted, with LMCD SERVING AS THE LEAD AGENCY, entering into a contract with the MN Department of Natu- ral Resources on a 1/2 cost share of the projected $25,000 study cost, to include invitations to the Suburban Hennepin Regional Park District and Metropolitan Council as participating agencies with either financial and/or staff assistance. DISCUSSION; Carlson questioned running the ad requesting proposals before there is approval from Hennepin Parks and the Metropolitan Council. These agencies will be referenced in the final contract if they agree to participate, Strommen advised. Timing is critical to secure proposals in March. VOTE: Motion carried unanimously. B. Board Retreat The executive director suggested implementing a one day retreat rather than the previously suggested two day retreat. The meeting would be directed toward new Board member orienta- tion, review of the LMCD Code, a review of the prosecutor's services, team building, and an in depth look at the year's priorities. He proposed the retreat be held on Saturday, April 25, from 7:30 a.m. to 3:30 p.m., at a location in the Lake area. He said there would be a need for a facilitator. The Board concurred in the proposed plan, to be followed by a final out- line, facilitator recommendation and budget in March. C. Management Plan ed. The final copies of the Management Plan were distribut- They will be sold to the public for $25. UNFINISHED BUSINESS With reference to the use of a consent agenda, Rascop sug- gested a change in the format which will list the consent items in order rather than distributed through the agenda. ADJOURNMENT MOTION: Grathwol moved, Boswinkel seconded, that the meet- ing be adjourned. Motion carried unanimously. The meeting was adjourned at 10 p.m. David Cochran, Chair Douglas Babcock, Secretary MAR 2,5 LAKE MINNL~rONKA CON$1~ItVATIONDISTRICT Action Report: Water Structures Committee Meeting: Saturday, March 14, 1992, 7:30 a.m. Norwest Bank, Wayzata, Community Room Members Present: Douglas Babcock, Chair, Spring Park; Bert Foster, Deephaven; James Grathwol, Excelsior; David Cochran, Greenwood; Robert Rascop, Shorewood; Duane Markus, Wayzata. Also present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. 1. Review of Public Hearing Reports A. Rockvam Boat Yards Site 2, Coffee Cove - Dock Length Variance The Board received the report of the Public Hearing held on 2/26/92 to consider the request of Rockvam Boat Yards, 4056 Sunset Drive, Spring Park, Coffee Cove, for a variance to extend 18 slips on Site 2 from 128' to 153' total distance into the Lake, amending an existing variance to place docks beyond 100'. The Public Hearing Report contained Findings of Fact and Rockvam submitted an aerial photo taken in 1988 showing Site 1 and Site 2 from the Lake toward shore. The purpose of the variance is to allow Rockvam to add a 25' make ready dock to accommodate the fishing boats he provides to meet amenity requirements for the special density license. Rockvam reports when the water level drops below 928.6' the water is too shallow at the make ready dock. If an extension is added to the make-ready dock, it interferes with the boats on the main dock backing out. Grathwol wondered if there is sufficient room to build the 'make ready dock in the existing area. Rockvam responded that the entire area is too shallow. When the water level goes to 928.6' the fishing boat motors dig into the sand. Cochran asked about the minimum distance needed to back up the boats on the inside slips opening towards shore. Rockvam responded that under normal conditions they need about 28' to 30'. Cochran suggested running the make ready dock as an "L" and save 10' to 15'~ Rockvam said that even at 928.6' they would have a problem. Cochran stated that the committee wants to assure that any variance granted will have a minimum impact on the Lake. Markus asked if there were any objections from the neigh- bors. Babcock talked to one neighbor who said they have no objection about going out further but would object if the dock went further to the east side. In response to Markus concerning staff recommendations, the executive director stated there is a hardship in launching the fishing boats. With this variance, Site 2 remains behind Site 1 which is 212' in length. Site i was grandfathered to 200', with an additional 12' granted for the gas dock, less than the 25' normally allowed. MOTION: Cochran moved, Foster seconded, to recommend the Board approve the Rockvam Boat Yard variance from 128' to 153' and to instruct the LMCD counsel to draft the Order. W&te~ ~tructures Committee VOTE: Motion carried unanimously. March 14, 1992 B. Ron Whinnery, Carsons' Bay - Dock Length Variance The committee received the report of the public hearing held on 2/26/92 to consider the request of Ronald G. Whinnery, 19780 Cottagewood Road, Deephaven, Carsons Bay for a length variance to .reach navigable water, for an existing dock that extends beyond the DUA over wetlands. The dock length requested is ~11'. Grathwol stated he is in favor of the dock but is concerned about wetlands. The District is trying to balance the protection of the wetlands with a minimum wetlands invasion and the riparian right to a dock. He wanted Whinnery to know that at some time in the future the LMCD may have to come back to him and ask 'him to share his dock with a neighbor who would want to do the same thing. Babcock mentioned that Whinnery's shoreline at 929.4' is approximately $30' so the dock length would not exceed his shore line footage. Cochran suggested some kind of stipulation in the permit that would indicate it is subject to modification if some rule is adopted in the future which would affect the dock length. Babcock said the LMCD Counsel advised that if a rule is adopted affecting this type of variance the Board could decide whether to grandfather this and similar docks or to not grandfather them. MOTION: Grathwol moved, Foster seconded, to recommend to the Board approve the ~onald Whinner¥ length variance and the LMCD Counsel to prepare the Order. The Order should contain language about future changes. VOTE: Motion carried, ~ascop voting nay. C. Halstad Acres Improvement Assn., ltalsted's Bay - New Multiple Dock License. The committee received the report of the Public Hearing held on 2/26~92 to consider the application of the Halstad Acres Improvement Association, Outlot 1, Halstead Acres Second Addi- tion, Mound, Halsteds Bay for a new multiple dock license for a 13 slip dock. Bob Bittle, 2927 Halstead Acres, Mound, represented the Hal- stad Acres Improvement Assn., consisting of the 13 owners of Outlot 1. He explained that in 1984 and 1985 the Association had a 7 slip dock. Now they are proposing to tie boats to the back of the slips and along the walkway to accommodate 13 boats. Bittle admitted they did not have a license in 1984 because it was their assumption that they had the right to the dock without a license. The executive director said there was on- going communica- tion with the Association since 1986. The LMCD Code allows 7 slips based on 365' of shore{ine. It is necessary for all 13 owners to provide documentation showing that 13 slips existed in 1978 to allow them to be grandfathered. Bittle admitted they cannot provide that documentation, and that 13 slips have not existed at any one time. ~turea Co. it tee ~'.,~ ~ · Grathwol suggested the 13 owners arrive at some method of allocating the 7 slips among themselves. The committee discussed whether to back license the multiple dock to 1986 when communication was initiated. The cost was estimated at $700., MOTION: Grathwol moved, Foster seconded, to recommend the Board approve a Multiple Dock License for 7 slips for Halstad Acres Improvement Association, Outlot 1, accepting $350 as back licensing fees. VOTE: Motion carried unanimously. D. Bean's Greenwood Marina, St. Alban's Bay - New multiple dock license and length variance. The committee received the report of the Public Hearing held on 2/26/92 to consider the request of Bean's Greenwood Marina, 21945 Minnetonka Blvd., Greenwood, St. Alban's Bay for a variance and new dock license to relocate slips beyond the 100' zone. The executive director explained that in 1990 Bean requested a variance for the docks which are beyond his Dock Use Area. The variance was denied. He was subsequently granted a temporary low water variance at that time. The records show that 6 slips were relocated beyond 100' prior to 1990 without an application or new multiple dock license which would be required for a change in configuration. Rascop noted the MN DNR says an Environmental Assessment Worksheet would be required. Babcock noted the following things to consider: 1) The marina has a grandfathered density at 1:5' 2) three of the new slips reflect an increase in slip size. 3) The variance would be for slips outside of the 100' zone. 4) It is an expansion of a marina greater than 20,000 square feet and would require an EAW. 5) This type of change would require a Special Density License. Cochran pointed out that a recalculation of Bean's shoreline from the 1990 survey indicated approximately 870' of shoreline. This would change Bean's density to 1:7'. Cochran added that if Bean made application for a new multi- ple dock license and it were granted, the LMCD would not go more than 1 : 10' under a Special Density License. This is something Bean should be aware of. Bean responded that it is not his intention to expand. He has proposed to eliminate three transient and 1 tie on, therefore the Boat Storage Units would decrease. If it is necessary he can reduce the size of three slips along the shore. Foster said he would like to see the committee be more flexible, providing Bean does not increase the Boat Storage Units or Water Storage Units. Foster said that, in view of the diffi- culty in coming up with car/trailer parking spots, perhaps some arrangement could be made with Bean for car/trailer parking. Foster suggested permitting Bean to use the new arrangement for a year while other studies go on. 3 Water Structures Committee March 14, 1992 Cochran said the issue he has the most trouble with is allowing permanency to docks extended for low water use. He believes the docks have to be removed. Babcock agreed, saying there are just too many issues involved. He suggested perhaps there could be some maintenance dredging to improve access to the old slips. Thibault called the committee's attention to the letters. from Richard & Cheryl Parris, 21885 Byron Circle, .Mr and Mrs. John Adams, 21845 Byron Circle and Dave Colwell, 21825 Byron Circle, objecting to the variance. Bean presented letters from Hary Kreslin and Cochrane's Boatyard saying they have no objec- tion. MOTION: Rascop moved, Markus seconded, to recommend the Board deny the application of Bean's Greenwood Marina for a variance to extend slips beyond the 100' zone. VOTE: Motion carried unanimously. MOTION: Grathwol moved, Rascop seconded, to recommcnd approval of a Multiple Dock License for Bean's Greenwood Marina, with no changes except to move slips #101, #T-Ill and #106, which are within 100' to new locations within the existing dockage'. VOTE: Motion carried unanimously Bean asked for the reasons for denial of the variance. Grathwol said there is a moratorium on multiple dock expansion for Special Density Licenses. Cochran reminded Bean that he has more slips now than he would be allowed under a new special density license.. 2. Bupp Dock Length Variance, Carsons Bay; Review Draft of Order The committee reviewed the Order granting Jeremy and Robin Bupp, 19860 Cottagewood Road, Deephaven, a variance to construct and maintain a 340' dock across wetlands to reach navigable water, subject to contingencies set forth in the Order. Attorney LeFevere attached a memorandum to the Order detailing reasons for granting the variance. Cochran said it would be helpful to future administrations if there could be some statement that the District does not visualize this variance as a permanent solution. MOTION: Grathwol moved, Cochran seconded, to recommend approval of the Order granting a variance to Jeremy and Robin Bupp. VOTE: Motion carried, Rascop voting Nay. Rascop said the environmental factor is not being addressed. By granting this variance for a dock through a wetland the Dis- trict is allowing the inhibiting of vegetation growth. The DNR report states this is a minimal wetland impact providing there is a free flow of water under the dock. ~;~!~W&ter 8tructurea Committe~ 3. Excelsior Park Tavern, Excelsior Bayl Amenity Presentation to 0ualify for New Dock and Special Density Licenses Robert Abdo, representing Excelsior Park Tavern, presented a letter dated 3/11/92, detailing their compliance now with all of amenity requirements for their multiple dock and special density licenses. The amenities will include the operation of 4 charter boats as approved by the Excelsior City Council. Babcock reminded Abdo that, if in the future they decide to build more docks, they will be held to the approved 40 slip configuration. Abdo said the City of Excelsior has approved a 32 slip dock, but not their application for the 40 slip marina. MOTION: Grathwol moved, Foster seconded, to recommenH approval of the Multiple Dock License for the Excelsior Park Tavern with the amenities as required, for the 32 slip configura- tion, with 12 transient and 20 storage slips and to direct the attorney to draft the Order for a 40 slip dock. VOTE: Motion carried unanimously. 4. Multiple Dock Licenses A. Renewal Applications The committee received 3/5/92 list of the 1992 Multiple Dock License renewal applications with orders, stipulations, etc. Chapman Place Marina, Cooks Bay Thibault reported a new operator, Vincent C. McClellan, dba Minnetonka Dock and Plow Service, Inc. has purchased the docks from the Chapman Place Association, Inc. The agreement between the two parties has been reviewed and approved by Attorney LeFe- vere. MOTION: Grathwol moved, Foster seconded, to recommend approval of the 1992 Multiple Dock License for the Chapman Place Marina. VOTE: Motion carried unanimously. Foxhill Homeowners Assn., Smith Bay · Foxhill Homeowners Association {HOA), is licensed for 13 slips in the configuration approved in 1985. The renewal application indicated that they would be using only 8 of the 13 slips in 1992. Ray Zitzloff, member of Foxhill HOA, has requested a change to the configuration, moving Slip 1 to the right of the main walkway. The slip would be offset 40' from the end of the dock with a 32' finger on the right to accommodate a 40' canopy. His letter of 3/10/92 explains his reasons for the slip relocation. Babcock pointed out that Foxhill HOA has a non-conforming structure, with a density of 1:23' The Code does not allow any increase in slip size on a non-conforming multiple dock license. Last year the canopy was permitted under a temporary low water variance. The slip structure was 32', with a 40' canopy. ..5 Water Structures Comaittee March 14, 1992 In response to concern over the dock being in the setback, Zit- zloff advised the neighbor submitted written agreement to combine dock use areas during the low water variance. It was also point- ed out that Foxhill HOA has a length variance beyond 100' due to shallow water. The executive director asked if it would work to keep Slip l per the licensed site plan, instead of moving it to the right. Mr. Zitzloff said this other location has been used historically because of greater water depth. MOTION: Foster moved, Cochran seconded, to recommend ap- proval of the 1992 Nultiple Dock License for Foxhill Homeowners Assn., with relocation of Slip 1, a 32' slip with a 40' Canopy, to the right of the walkway, conditioned on receipt of a letter from the neighbor on the west. VOTE: Notion carried unanimously. David Thomas Development (Bayshore III Addition), South Upper Lake The executive director reported he has had several conversa- tions with the developer regarding unpaid administrative fees of $2662.80 on the new dock license application. It was reported the City of Victoria has restricted the dock to 6 slips until all 8 lots are platted. MOTION: Grathwol moved, Foster seconded, to recommend approval of the 1992 Multiple Dock License for the David Thomas Development, subject to payment of the outstanding fees. VOTE: Notion carried unanimously. Renewals Without Change - Staff Recommends Approval MOTION: Rascop moved, Grathwol seconded, to recommend approval of the following 1992 Multiple Dock License Renewal Applications: VOTE: Navarre Cove Homeowners Association, Carman's Bay Minnetonka Edgewater Apartments, Spring Park Bay Shoreline Marina & Yacht Club, Smiths Bay Subject to Village Certificate (expires 4/18/92): Driftwood Shores, Harrisons Bay Hary Kreslins, St. Albans Bay Lord Fletchers of the Lake, Coffee Cove Park Hill/Park Island (for 44 BSU), Seton Lake Seton View, Seton Lake Upper Lake Minnetonka Yacht Club, South Upper Lake Motion carried unanimously. Howard's Point Marina, South Upper Lake This is a permanent dock with 45 slips and 13 slides, with 76 WSU. The first row of docks, slips 1 - 14, was removed in VatorStructures Committ~ March 14, 1992 1988 when the area was dredged. When the docks were rebuilt, 13 of the slips were replaced changing from 8' x 20' to 9' x 22' Slip 14 was moved to the second row of docks next to Slip 15.. The changes were acknowledged administratively, but not approved by the Board. Attorney LeFevere has raised the question as to whether a 1' increase in width and a 2' increase in length would be considered as insignificant changes, or whether these slips should be brought back to the original size. Richard Baker, President of Howard's Point Marina, said to come back into conformance and rebuild the dock to 20' would be costly as the docks are pile driven. He said he submitted the new site plan with his renewal in Nov. 1988 and the LMCD Board approved the license for 1989, before he rebuilt the docks. Babcock expressed concern that they went to a longer length when the docks were rebuilt. He suggested increasing the width of the walkway to 5' or giving two to three years to conform. Baker said widening the walkway is not feasible. Grathwol said a 1' increase when rebuilding a dock is not a large increase as a one time thing but could add up over the years. Markus said it appears to have been a mistake on the part of the LMCD in issuing the license. He didn't think it was fair for the applicant who submitted the new site plan prior to rebuilding the docks, to have to change the dock now. MOTION: Cochran moved, Foster seconded, to recommend ap- proval of the 1992 Multiple Dock License renewal application of Howards Point Marina. VOTE: Motion carried unanimously. B. New Dock License Applications for Changes in Configura- tion That Do Not increase Slip Size, Number of BSO or WSU Schmitt's Marina, Excelsior Bay, Excelsior The committee received Thibault's history of the Schmitt's Marina Multiple Dock License dated 3/6/92. Thibault submitted a supplemental memo dated 3/10/92 regarding references to dredging in the original memo. The applicant is asking to shorten a 91' extension moving two slips 11' x 24' to the south, along the shore. The side setback to the south is 130'. There would be no increase in BSU's, slip size or WSU's. Approval would be subject to Board waiving a public hearing. Babcock sees moving the slips to the south as placing them in a shallow area during low water. MOTION: Grathwol moved, Cochran seconded, to recommend approval of a new dock license with minor change for Schmitt's Marina, subject to approval of the City of Excelsior. Schmitt objected to having to go through a further review process with the City for this minor change. Grathwol offered to discuss the matter further with Schmitt. VOTE: Motion carried unanimously. Water Structures Conuaittee March 14, 1992 City of Wayzata, Wayzata Bay, Broadway Docks MOTION: Foster moved, Markus seconded, to recommend approv-~ al of a new dock license with minor change to allow the City of Wayzata to change the configuration of the docks at the Broadway Ave. site. The request is to move the main walkway connecting to shore from the east end of the dock to the center of the dock per site plan. ' VOTE: Motion carried unanimously. Clay Cliffe Homeowners Association, Old Channel Bay, Tonka Bay MOTION: Foster moved, Grathwol seconded, to recommend approval of a new dock license with minor change to allow the Clay Cliffe Homeowners Association a seasonal dock with a change in configuration per site plan dated 3/4/92. VOTE: Motion carried unanimously. Minnetonka Yacht Club, Site 1, Carsons Bay, Deephaven The committee received an application for a configuration change to move three service boats, one from.the slide on the west, one from the wood ramp on the southeast and other from the south of the wood dock on the southeast, to new 10' .x 20' slips added to the wood dock on the southeast. Thomas Maple, representing the MYC, said a 12' x 24' slip had been built in an unauthorized location to accommodate the service pontoon boat. After discussing the situation with Thi- bault he became aware that a slip of that size increased the WSU's and could not be built without violating the moratorium. The purpose of the new slips is to accommodate the service boats. One boat. the ll' x 24' pontoon, is used to transport members to Sites 2 and 3. This change will place all of the service boats in one location out of the way of the launching crane. Markus suggested allowing the 12' x 24' slip for the pontoon for safety reasons in loading and unloading passengers. Rascop mentioned referring the larger slip request to the Lake Use Committee for special events. Foster responded that would not be practical if it had to be removed when not used for special events. MOTION: Rascop moved, Cochran seconded, to recommend ap- proval of a temporary configuration change to relocate three service slides to three new slips, one 12' x 24' and two 10' x 20', the reason for the larger slip is the health and safety in transporting members. The file is to be flagged for considera- tion in 1993 when the moratorium ends. VOTE: Motion carried unanimously. Tater Structures Committee '~ ' '~ ' '~ ~';~,? ,March 14~ Ea~le Bluff Homeowners Association,Halsteds Bay Minnetrista The Eagle Bluff Homeowners Association has applied for a minor change in configuration and to increase one slip from to 16'w. This w~ll be an increase of .5 WSU. The setbacks will be more than adeqUately met. MOTION: Rascop moved, Markus seconded, to recommend the Board approve a new dock license for Eagle Bluff Homeowners Association with a minor change, subject to Board waiving the Public Hearing. VOTE: Motion carried unanimously. 5. Exchange of Boat Storage Units from a District Mooring Area License to a Multiple Dock License DISCUSSION: The committee received a report from Thibault detailing previous action when moorings from a District Mooring Area (DMA) were transferred'to slips at a ~ultiple Dock License. Included in the report are questions which need to be answered as a result of her conversations with Attorney LeFevere regarding the pro- posed exchange of boat storage units. Attached to the report is a list of current District Mooring Area licensees and specifics to the license. Babcock explained the impetus for the discussion at this time is a request from the Groveland Assembly Grounds (Methodist Lakeside) to move five moorings to five lifts at their dock. Babcock said it is his impression that the Board, in the past, has wanted to encourage the conversion of DMAs to docks at some point. The feeling has been that the conversion should be at the option of the licensee but the District would not issue any more DMAs. If a change is requested, another question is whether the exchange should be one to one, or a difference ratio. Cochran said it is acknowledged that a buoy can be a hazard to navigation. Fishermen like the buoys, as fish congregate under the boats in storage. Cocbran sees a good argument for not having too many 'DMAs. At the same time the committee should be careful and not close the door. Cochran further noted there are occasions such as regattas when temporary'buoy fields are neces- sary. Foster raised the question as to what would happen if the Water Patrol issued permits for more than one buoy in a location. Thibault responded that DMAs are located outside of the Dock Use Area (DUA). Five or more moorings at one site would require a license, whether or not they are in the Dock Use Area (DUA). Babcock said he understands, from the discussion, that D~A's should not be prohibited entirely but considered on a case to case basis. There should not be a mandatory requirement to ex- change DMA's for slips. Not all D~A's would have to be exchanged at one time, but there could be partial exchange. Grandfathered marinas with greater than 1:10' should be allowed to exchange on a one to one basis. Water Structures Committee March 14, 1992 There was discussion on what size slip should be allowed in the exchange. It was agreed a I to 1.5 WSU average conversion was fair. Rascop questioned what would happen to a person who sold his sailboat and replaced it with a restricted power boat. He also asked if this would apply to the municipalities as well as the other DMAs. Markus Said that in the case of Methodist Lakeside leaving two DMA's was less safe than five and suggested bringing them all in or leave them as they are. Babcock said any ex- changes would have to be on a case by case basis. If a DMA is relocated to a slip outside of the DUA, a variance would be needed. Rascop said a structure in the 100' to 200' area is a non-conforming use. Any changes in that area would need to be toward conformity, not expansion. Foster said if there is no change in BSUs or WSUs it is not an expansion. The results of the discussion will be forwarded to the attorney to draft an Ordinance. 6. Amended Draft of Ordinance Relating to Storage of Lake Main- tenance Equipment on Lake Minnetonka, Amending Code Section 2.03, Subd. 8 DISCUSSION: Markus said the Ordinance should not be so restrictive as to interfere with commercial work boats doing their job on the Lake. He believes there should be flexibility. Cochran said there has to be some limitation on interfering with private property rights. There was discussion of storage of charter boats and other commercial water craft at residential sites, not covered by this ordinance. NOTION: Cochran moved, Foster seconded, to recommend ap- proval of the Ordinance relating to storage of lake maintenance equipment on Lake Minnetonka, limiting the storage to two busi- ness days before and two business days after work is done on a site. d)2) is to read "Equipment must be stored within an au- thorized dock use area, as defined in Section 1.02, and may only be stored with the permission of the owner of the site." VOTE: Motion carried unanimously. 7. Review Status of Unrestricted Watercraft DISCUSSION: Thibault submitted a summary of slide storage at Multiple Dock License facilities. A slide is defined as either a ramp at the edge of the water, partially on the land or a platform above the water. In some cases the slides are limited to unrestricted boats and in others there is no limitation. Rascop said he does not believe any unrestricted watercraft should be counted for licensing purposes. Babcock said he be- lieves unrestricted watercraft could be charged 1/2 a WSU because they do contribute to the density on the Lake. They should not be counted for BSUs. Thibault said she has discussed this matter with LeFevere. He recommends exempting non-motorized canoes from the restricted category. Storage of canoes on racks relates to the off-lake tcture9 Commit tee March 14~ 1992 storage ordinance which is very restrictive. Cochran said he' could see a problem in administration as there could be a slide with unrestricted boats with motors over l0 hp transported to and from the boat. There was discussion as to whether this could apply to residential property or should it be limited to marinas. MOTION: Babcock moved, Markus seconded, to recommend the following: 1) Non-motorized canoes be added to the unrestricted cate- gory. 2) Investigate with LeFevere an Ordinance change that slides and off-lake storage of unrestricted watercraft will not count toward density. 3. The Ordinance be amended to charge 1/2 WSU for off-lake storage of unrestricted water craft. DISCUSSION: Foster said this w 11 be difficult to enforce and unrestricted watercraft should be ignored as they do not add to the density on peak days. Cochran said this was reviewed by the Lake Access Committee and the conclusion was that there was not a problem of boat density from small watercraft and fishing boats. The emphasis was to allow them. VOTE: Babcock and Markus aye. Motion failed. MOTION: Foster moved, Rascop seconded, to recommend the following: 1) Non-motorized canoes be added to the unrestricted cate- gory. 2) For multiple dock licensees only, off-lake storage of unrestricted watercraft do not count for density or WSUs. VOTE: The motion failed, Markus, Grathwol and Babcock voting nay. MOTION: Foster moved, Grathwol seconded, to table the dis- cussion to the next committee meeting. VOTE: Motion carried unanimously. Markus was excused. 8. Shorewood Yacht Club Multiple Dock License Renewal John Taft, Attorney for Holroyd Enterprises, has asked for waiving the "late fees" on their behalf as the Yacht Club is in receivership. The executive director said the St. Albans Bay Marina and Tonka Bay Marina were in the same situation and paid the late fee as required for licensing. MOTION: Cochran moved, Foster seconded, to deny the request for waiver of the late fee required for licensing the Shorewood Yacht Club. VOTE: Motion carried unanimously. Structures Committee Wotlands Update Narch 14, 1992 Babcock presented a proposed LMCD policy change for docks encroaching a wetland area. Rascop said this should be discussed by the Environmental Committee chaired by Hurt. Babcock felt it should be discussed because of the variances granted for docks over the wetlands on Carsons Bay. Foster suggested limiting the docks to two boats and the docks be restricted to two boards wide and built far enough above the water to eliminate shadows which inhibit vegetation growth. Foster added that he does not believe there are very many people who are going to put in a 600' hand built dock. Cochran did not agree, stating there are large areas where the value of the real estate would be enhanced by being able to get to the water. Babcock suggested restricting the length of the dock to tile frontage of the property. He said in some denser areas of the lake it is possible for as much as 8~ of the wetlands to be taken up with docks. Cochran said it is possible to control the length, type and width of docks in the wetlands. Rascop said this could be compromised by the need to give handicapped access. Babcock suggested changing the definition of a seasonal dock to something else so it does not have to be removed. Rascop would object to changing the LMCD definition to accommodate someone else. Cochran suggested appointing a sub-committee to work with the DNR on the wetlands issue. 10. Adjournment There being no objection, the Chair declared the meeting adjourned at 11:30 a.m. FOR THE COMMITTEE: Eugene Strommen, Executive Director Douglas Babcock. Chair 12 ibaUlt Iorewoo in' ~e pas t · )Und, '! ~ey have had at or the ' . uilot."Each.Of d they are not registe .as an sSociati°n. . raised tl uestlon as to whether each individJ owner could put hour at '':~ property. Gordon Tulberg, 62'64 Bay Ridge Road, fora'er member of the association, reviewed the history of the property. He said if the :' lB owners are-not allowed an individual slip the property becomes worthless. _ LeFevere said the L~CD Code states each subdivided lot or :::'::'?:..:; rtain rights. ~ith over'350 feet:o~ shoreline, · :):~':'i;? gccb~ ~he code, (SeCtlon: 2:0~? ~u~bd.1)'?~'he~ property is >~.~[~, :? entitled to.? Slips, one for each '§~0:'"of shoreline. Even though ' ~>:the. ouC!ot-,!:s_owned by 13 individuals, they 'cannot have I3 slips. · J~.~:>::~ The Code uses'~:the number of feet of shoreline, not the 'number people owning the property. LeFevere explained that the L~CD ordinance regulation of boat per 50 feet of shoreline was adopted in August 1978. Non- conforming facilities exlstin~ at that time were ~rand£athered in. If there is proof that 13 slips existed in 1978, the L}!CD ~ould -.:consider randfathering that number ~roviding the license fees eSted aeri'al photos or alStad .Aares Improvement Assoc.I Public Hearln$, 2/26/92, Pg.2 Bitt:le responded that tt wx X be d~cuX~ ~o provide apt, o~o of 13 sllps at one lime at this site prior to 1978. He said that each of the ~3 properties had lakeshore propert~ with rights to have a dock at that time (1978) and he believes they should be able to continue these rights. LeFevere responded that there is no ~uarantee that every person owning property is entitled to a boat. Actually, as time ~oes by, the restrictions may become ~reater. It was his suggestion the owners work out how to allocate the 7 slips. LeFevere added ~hat if ~he properties are bein~ taxed basnd on the right to a slip on the lake, they might want to check into this. The DNR submitted a letter dated 2/26/92 stati,g that a 13 slip dock would require a protected waters permit for a pri~ate marina · The Public Hearing was closed at 7:48 pm. Pindings: 1. The Halstad Acres improvement Association, represented by Gordon Xulberg, has submitted a multiple dock license application for 13 slips on Outlot 1, Halstead Acres Second Addition, Mound, Halsted's Bay. 2. The association consists of 13 homeowners in Halstead Acres Second division who each own 1/13 interest in Outlot I. Each owner is taxed on 1/13 interest in the outlot property. 3. Outlot 1 has 365' of lakeshore which would provide for 7 slips under the current code Section 2.02, Subdivision 1. 4. The application is for 13 slips to provide I slip for each member. 5. The area was developed in the ]ate 1950's. The out]ot was deeded to the 13 homes not on the lake to provide, lake access. 6. A seasonal dock has been maintained at this site since the 1970's. The number of slips varied each year depending on how many homeowners used the dock. No evidence has been provided that a 13 slip dock ever existed at this site. 7. To grandfather the 13 slip dock with a density of 1 boat per 28' of shoreline, the applicant would have to provide evidence that the structure existed with 13 slips before the Code ordinance was adopted in August 1978. Back-licensing to 1978 for the proven number of slips would be required, including payment of fees for each year back-licensed. 8. The DNR has determined that a new 13 slip dock would be considered a private marina and would require a DKR protected waters permit. New Second Addi- commun'i¢ ~-"Mound', represented the Hal- iitihg'~0f the 13 owners of and 1985 the Association sing 'to. tie boats to the ~ to accommodate 13 :boats. in 1984 because it ,..the dock without i- gOing communica- LMCD Code allows 7 S': necessary for all 13 slips existed in ttle admitted they 13 slips have nOt ~' s'ome method tCk license the multiple initiated. The cost was , to :ense for 7 slips for Halstad 1, accepting $350 as back imously. / FEB 3 1992 LEGAL DESCRIPT.TON OF PREMISES SURVEYED: ti+ , . ~"1'~ Outlet 1, /IAI, STEAD ACRES 2ND ADDITION This stirrer intends to show the boundaries of the nbnve describec~ ~: ~ron marker found pro~rty, ~nd tha location of an e~istinq fence, dock and light o: Iron marker set ~le thereon. It does not purport to show anF othe~ ~impr~vem~llts Rearings shown are based upon an n~;stnned or encroach~ent~, datum. : .~--.-- ,~.~,,,~,,.,,~,.,,..,..,~,~,~,..~.,~-..~..,,,,¥.,,,.~,-~,~ I,~" ,-.-. I ~ I ~ ~I ; ' ~,a~t~llamaduly~istenM'CivilEn~i~ra~rvt~mu~r t~l ~L~~ '"""~'~'~"'""'"'I~ "-~"'" Action Report: Lake Use Committee Meeting: 4:30 p.m., Monday, March 16, Norwest Bank, Wayzata, Community Room Members Present: James Grathwol, Excelsior; Thomas Reese, Mound. Also present: Sgt. Wm. Chandler, Sheriff's Water Patrol; Rachel Thibault, Administrative Technician; Rick Dyer, Fishing Community Representative; Eugene Strommen, Executive Director. A quorum was not present. No action was taken on any items. There was a discussion of selected items to accommodate the public in attendance. Special Events A. New Applications Minnetonka Public Schools, Solar Boat Regatta The District has received an application from the Minnetonka Public Schools to hold a Solar Boat Regatta, Saturday, 6/20/92, or 6/21/92 as an alternate for bad weather on Gideons Bay. The applicant has asked LMCD to waive or lower the application fee. John E. Anderson, Minnetonka High School, explained the regatta is a result of a school science project using solar pow- ered boats to demonstrate use of a renewable energy source. There will be from 10 to 12 boats involved. Their speed is about 6 mph. The request is to waive or reduce the permit and deposit fee because this is a school project with limited funding. The members were sympathetic to the request but were uncom- fortable about establishing a fee waiver precedent. One sugges- tion was to collect the fee and make a donation to the school in that amount from the Save the Lake Fund. No action was taken. The application and request are for- warded to the Board for further consideration. The following items are forwarded to the Board without recommendation because of the lack of a quorum. 3. New Application for Wine and Beer Licenses for Al & Alma's Charter Boat I. Request to waive the investigation and investigation fee because of previous approval for Al & Alma's other six licenses. 4. Fundraising proposal from Tonka Wet Spot, Corp., 3/9/92 The Tonka Wet Spot, a personal watercraft rental store, has offered to donate $1 per T-shirt sold to the "Save the Lake" fund. The T-shirts have the phrase "Locals Only" - Lake Minne- tonka on them. Grathwol and Reese, while appreciative of the offer, did not feel the phrase on the T-shirts is a message with which the District would want to be associated. $. Water I~trol Report March 16, 1992 Sgt. Chandler reported as follows: * There have been 30 through the ice incidents: 14 cars, 12 snowmobiles, 1 ATV, 2 people, I animal. All of the vehicles which went through the ice have been recovered. * Chandler will have the annual report available in April. He is preparing a narrative to accompany it. * A bill introduced in the legislature strengthening provi- sions of the DWI law would also include a BWI conviction on a driver's driving record. A prior DWI conviction, including recreational vehicle offenses for DWI, wOuld also be considered in a BWI conviction, making the BWI a gross misdemeanor. This would bring the BWI portion of the law in line with the DWI penalties. * The Water Patrol is working on its 1993 budget. They are requesting one more full time deputy and one more patrol boat. Currently there are 5 full time deputies and 4 boats for the entire county. * Responding to a question from Reese, Chandler said depu- ties spend the spring and fall season doing most of their train- ing and equipment maintenance. Lake observations are made year around. During the peak times, summer and winter, the Water Patrol needs to increase its staff. During some of those times they can call on other divisions for assistance. * The PCA did a decibel study on the St. Croix River and found a way of making decibel testing easier. Personal Water- craft manufacturers have shown interest in order to make their new models in compliance. The executive director said in many cases, it is the operator who makes changes in the exhaust system from the original equipment which originally met decibel require- ments. 6. Other Charter Boat Diesel Fueling at Excelsior Municipal Dock. The executive director reported a call from the Excelsior Fire Chief expressing his concern over plans to fuel the charter boats with diesel fuel dispensed from trucks at the Excelsior docks. The Fire Chief is concerned about a spill and the need for supplies at the fueling site to control any spill. John Anderson, Chairman of the Excelsior Park and Recreation Committee, spoke to the need for controls. The city does not want to prohibit the fueling. It is developing an Ordinance to cover the safety and environmental needs. He asked for LMCD support. FOR THE COMNITTEE Eugene Strommen, Executive Director Bert Foster. Chair 2 LAKE PlINNETONKA CONSERVATION DISTRICT ~arch 10, 1992 To; From; Subj: Lake Use & Recreatdon Committee Rachel Thibault A1 & Alma's Wine & Beer License applications A1 & Alma's has had on-sale wine and beer licenses on 6 charter boats since 1988. In 1990, they planned to sell A1 & Alma's I and they purchased A1 & Alma's XII. The Board approved the transfer of the wine & beer licenses from I to XII. To date, they have not sold A1 & Alma's I, so new w~ne and beer license applications have been submitted for this charter boat. A public hearing is required for the new licenses, and w~l be held in April. Staff recommends waiving the background investigations and investigation fees for the new applications.