Loading...
79-05-15 CITY OF MOUND Mound~ Minnesota AGENDA Mound City Council May 15, 1979 City Hall 7:30 P.M. CM 79-163 CM 79-162 BOARD OF REVIEW Council Meeting Pg, 1312-1315 1. Public Hearing Continued - A1 and Alma's - Special Use Permit 2. Police Consultant Pg, 1311 3. Comments and Suggestions by Citizens Present (2 Minute Limit) 4. Information Memorandums/Misc. Pg. 1294-1310 Pg. 1316 CITY OF MOUND Mound, Minnesota May 9, 1979 COUNCIL MEMORANDUM NO, 79-163 SUBJECT: Board of Review The Board of Review meeting is schedule for May 15th at 7:30 p,m, Attached is a copy of a Department of Revenue Bulletin outlining the duties of the Board of Review. HINNESOTA D E R TM E N T OF REV' UE BULLETIN PROPEFfFf F/!I. ALI?JITION DIVISION APRIL, 1975' Section 274.01 provides tJ~t tko._ tc,m board, the council, or other, qove~rcnent body of each city shall ]>a a bo:ard of review4. 55-:n cb~rt, er of cc,..r+~in ~'' ' c.. cmos provj.das for tFo es'bnblis}',ment of a board of ecualization. The_ provisions of F~ection 274.01 and this regla!ation apply to all lx~ards of revi~ or hDards of oqua!ization. TIiE TItlE OF M]?~ OF Tt~ ~ OF ~ti~ 274.0]. s~tes t~ co~nt~ assessor s~l! fix a da~ for each ~ of ~eview or ]~d o'f ~%lizatJon to ~r~et for ~e nu~ of revic~ing ~e asses~ent of pr~rt7; in its res. D,_~ctive_ ~..m or .ci~... The ~tV assessor is r~~ to s~e %~itt~ notio~ to the clar~ of each of such ~es ~ or ~mfore April 1 ~f each ye~. ~se m~tLncs are r~mJ~d to ~ held ~tw~n ~.~y. 1 arid June 30 ~d ~ c].~k .of'" ~a }~'d of revi~.~ or t}~ ~rd of c~]ization is r~mir~ ~ qive p~lish~ ~d ~stcd notice at leauzt tchn days. before ~a date set for the first ].~-~.~'.. 5~%c ~-d of revi~.; and GM hDard of ~malization of any city, unless a lonu~ c~& .... zon~ of revenue, must c~ailete its x.,Drk and ~jo~ wi~ 20 days. frca the ~me of convaniug s~cific~ h~ t~ no~.~n of t~ cl~k. ~b action ~k~ s~~t to such da~ shall ~ valid. A request for additional tjIne in ord~- to coca, late the v.~rk of the_ boar~ of revi~ must ~ ad~esse~ ~ ~e c~issione~ of revenue in v~i~no. The ~~ion~'s appr~l is necessary, to !~alize ~y pro~'e ~s~uant ~ t~ ~~on of ~e. t,..~Ly day ~'i~. 5~ ~:~'~ssJ. one~ of revco]ua will not, h~..~ev~,, e~:t~t tb~ ~e for l~nl k~-ds of review to meet ~st Juu~e 30 ~cause ~un~ ~ds of '~aliza- ~ ~nv~le on July 1. ~ ~' ~]cl nm~]~] ye~ ~e 1~1 ~d of revi~.9 or ~lization ~s ~e authori~ to ~nsid~ all asses~ents for ~t ~- of ~ r~l and personal Dr~r~. asses~nts of each des~;intJ.on of real 'Dr'oD~; ~sist$~ of ].and, b~ldi~ls, s~ctures m~d Lmprovemen~ re,nv h~ revicwec] )~ t~ ~d. ~e assessors of ~r- sonal prq~rty are likewise within t~m ]~rd's j~isdiction. The ~ nmv qive ~nsidcra~on to ):~th w~luaLion ~d classificaticn of };otb real and. ~onal In the even ntr~r~l veer t3%e loc~l bonrd nu-tv revi~.; all ass.:es~nents of '~rsonal pr~.r~ in ~e san'~ mannnz as in ~le ~]d nuwh2r~ veer. The ~Icl ~$ lJmit~ jur- i~tiction, hc..zeve~, ove~ (-J%e a~sas~ppnts of real pr~ty and nuv revi~ only such asses~nants ~nt ~;e within t)we au~rJ.ty of ~ assessor in t~ even ~. ~se ~e tho asses~nk2nts of ~t~sc-/ioLions t~t ]~ve }~t~ t~%xab].e since the pr~linq year, the adehti~ or rc~val of s'~lcturc~ value w~re Dhvsi~]l civies ~ve ~~ an~ the ch~qes in ]~(n~w~tead c].ar, mifi~tJcn. ........................................... ....................... i3/9 '~e autJ~oritv o[ t}m kc~ard ~<tcnds over the indiw asses?~.mts of.- real ~md personal pr .operky. }x~ard doesn't }~ave the prj...~Tr. ~o increase or decrease bf F~-rc~tac. tc all of t .be.. asses.~nents in t]~. district of a qiven cl~s Of Dr ,0pert~;, Chan~es in aggrc~afm asses.~nts ~ classes are made by, the county, tx~hrd ~f ec~ali- zation. Although thc lcc~l b~nr.d of review or ecmalization has t]]e. authority to increase or reduce individ~m~l assessr,~n~, the ~ohal of ~uch adjus~m~_p, ts must not reduce the aggr~ate assesmTant nnde ~ the county assessor ~; ~ore than one percent of said aq.qr.e~ate as.qcs.qr~mt. If the totnl of such ad~ustme, nl~ doc..~ ]o~,~ar t~e a~reqate assesmT,~_nt made }'~/ the cotu~tv assessor by more tim one ~-cent, none of the just~ats will ]m allc,.~ed. This limit~ntion dcesn't a~p]v, }~..~ever, to tim correction of clerical errors or to the re, moral of du~.'licate assessnents. The local }×~_-~rd of fcvi¢~.~ or e~].ization d.~o. sn't have l-J',e au~ritv in '~nv ye~ to rc~n for~- asses~ants on w]~ch ~:es ~e due ~ pavabie. Tt%~ ~d considers only ~e assessn'e~nts t~t ~e hi proces~ in ~he ~-rent year. In re~ew~q t. he individual assess~-~s, ~e ~-d ]nnv find instances of unde~lu- a~on. ~fore ~e )~d raises ~e ~ket v~lue of pro~-ty, it ~{~]st notify ~he o?.mer. ~ne law d~sn't urescrLbe ~v m~i~ fo~ of notice ~<ceDt ~t person w]~se prcr~y is to }~e increas~ in assessor ~3st-be notified of tent of ~a ~rd to m_n~e the J.n~'ease. The losal fr~-~d of revic{~ nineties ass~e a pr~/. ~..~n~ ~ o~)~mitv to ~ntest the valmntion tbnt ]~s prc~7 or to contest or to protest ~y o~ner ~%tte~ relating to the ~3~&bi].i~ of. ]~s pro~'t~;. %~ ~x-t is r~ir~ to revi~5.z ~e ]~%tter ~d m~e ~v ~rre~ions that it de~%~-; just. ],rDi1%: If the five perc{-~nt lj~nit is still in effect, it is a~.plied to th,'~ authoritq, of the loc-mi ]33}~-d of :.-.~:view, the c~cun~3; b^orrd of c~a,,al, iza'?ion ~nds· L-~'-' ....... '~c~rd of co3mtization so ,~_he cur. relative effect of increa.~;:s bv aut)'orJ, ties in ex:"ess of five ! -~>ar. ce~nt lheitation is invalid. Ix~cal boards of revie,.: ]lucy, h~,..~eva'._', increase or d~creas~ the market value of individual assessm~_nts. ~nen a local '.bc~-~rd of review or' eca:alization convenes, it is ne~s~eg7 t~t a ~.~jori~ of t]~ n~rs ]~ in att~dan~ in' ord~ t~t ~y ~lid action m~y ~ ?'b2 lcd! assessor is r~ire~ ]~ law to ~ present wi~ his asses~ent ~ks ~d [~-s. He is re~Lr~ also to ~ke p~t in th~ pro~edi~qs but ~s no vote. ad~'~on to the 1~1 as~:essor, t]~ ce'~- assessor or one of ~.s assis~nts is re- quircd to attend. The }k%~rd should ~.}rcce~ J3~]iatelv to revi~ ~e asses~ents of proudly. 'l~ne ~rd ~-:hould ask ~.e l~al assessor and county assessor ~ preset any. ~-bles ~%%t have teen prep~c~, m~hg c~isons of ~e c~'ent asses~ents in ~ dis~ict. ~ comnty assessor is r~uirod to ~.ve ;~,%}}s ~d ~31es relat~q ~- ~larly to l~d values for ~e (mid~ of ~F~ls of revi~. C~r,~'i~ns ~ present~] of assesum}nts of t?,q}es of pr~ with previous ~s and wi~% ot~r asses~t distich3 hi the s~e com%t7. It is. t3m prhmnry dut~ of each }x~ard of revic,.~ to examine i-]~e asses?~ent recoil to s~ ~t all t~u.:ab].e pr~;y~2rty in ~ asses~m~nt dis~-ict ba~: .bec~] Drc~r].v ]~laccd umnn ~e list ar~3 valued }>v tim asnegsor. In ~ase anv mro~>nrtv, eiO~cr real or l~- sonal, ~s b~n cnitt~], Om t~-d Ins ~ du~, of ~m~i~ the assessor. 'i~ coop, laints and ob-]actions of r~rsons, who feel aq .~rievc.m] witJ] any assess~]ts for the c~u~-cmt year should Im considerc~t very. c,~x-efully }'.~ tl',e l~x-md. Such asse. sarants must b2. revi~,.;cd Ln detail emd the hmnrd h,.nS t~n autt~ritY to ~nke corrections it d..~<~m to }~ just, 7~e ]'o.a~d m.~v adjourn from dnv to day until ali. cases b~ve hoard. If .c~,~].ahnts are reoe..ivcc] aftc=r t]-~. a.-]journ~nnt of the }x~rd or.-revie~.~, rinse shall ~ hoard a~] detemnincd by Se county }'~ard of c<malizatJ, on. .A non-resident Irony file vzritten objections to hi~ asses.~?~nt with t},~., county asses-- sot prior to the meetinq of the )x~ard of revic.,;. Such objections must ]:e presented c~..~.~].a_~,~t~oa while it is Jn session, Since at least cnn' mag~-~r of each local ~p~'d of re'~.~.~ ].s rcnuir~] to attend the J.ns~ctiona! mpetinq at t.be ~untv s~:~, tho tw~rd snou].a discuss any s~ific in- sl-~lctJ.o~s par't~.ining to the %,,~rk of revic~,.~. Before adjou]ming, ~]e )~-d of revic{,~ or c~m~olization should Dre~u~e gal official list of '~ ......... ?]'n law renu~res t]Llt the cn~qe~: on a c~ ......... ' -~- - ]-~e listed separate folm be listc~ Jn detail end all assestn~ntq ~at hnve ]~cn increased or decregs~ should re~rd s]~u!d t.~ sinn{~] a%':d dated by ~ ~,,z~hc33s of t~ ]-oard of review or e~aliza- by t~m cotmty 5-15-79 CITY OF MOUND Mound, Minnesota May 9, 1979 COUNCIL MEMORANDUM NO. 79-162 SUBJECT: Police Consultant Mr. Helser will be at the May 15 meeting to discuss the Police study. 1311 5-15-79 CITY OF MOUND Mound, Minnesota May 8, 1979 INFORMATION MEMORANDUM NO. 79-52 SUBJECT: Sewer Main TV Report Attached is a copy of a letter from the Engineer showing that we ~ad only 21 broken, cracked or collapsed pipes in the more than 8 miles of sewer line televised. McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS · LAND SURVEYORS ~1 SITE PLANNERS Reply To: 12805 Ol$on Memorial Highway Minneapolis, Minnesota 55441 (612) 559-3700 May 3, 1979 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound Sewer Repairs 1979 Street Improvements Dear Mr. Kopp: Clearwater Research has completed the television inspection of the sewers on the 1979 Street Improvement Project. The inspection revealed 21 broken, cracked or collapsed pipe, which should be repaired prior to the street construction. We estimate the cost of this work at $17,500.00. If you wish to proceed on this, the next step is to prepare plans and specifications for the repairs. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, iNC. Swanson, P.E. LS: sj #4741 Minneapolis- Hutchinson - Alexandria - Granite Falls printed on recycled paper 13o? of MOUiND May 7, 1979 53~tl MAYWOOD ROAD MOU,~',ID, MINNESOTA ,55364 (612) 472-1155 Mr. Richard J. Dougherty ~ Chief Administrator Metropolitan Waste Control Commission 350 Metro Square Building 7th & Robert Streets St. Paul, MN. 55101 Dear Mr. Dougherty: We have recently been corresponding relative'to supposedly high sewerage flows in the Mound sewer lines. AS reported to you, we have an inspection program underway. For 1979, we have just c~mpleted televising more than 8 miles of sanitary sewer lines and only 21 places were found in need of repair (see report attached). The Engineer advised me that only two of the 21 were in serious condition. However, all 21 will be repaired. ~ I hope this will be helpful to you in determining why the meters have been showing such high volumes'. Sincerely, Cit~--Manager LLK/ms Encl. cc: M. Dorton R. Hustad City Council 5-15-79 CITY OF MOUND Mound! Minnesota May 8, 1979 INFORMATION MEMORANDUM NO, 79-53 SUBJECT: Legion Gambling Report Attached is a copy of the Gambling Report from the Legion, This shows their profit to be $286.03 for 5 days, April 25th to April 30th. 13o7 H9¥0 D HSVO q¥£oz qv£o~ IO3U H~VO 5-15-79 CITY OF MOUND Mound ~ Minnesota May 8, 1979 INFORMATION MEMORANDUM NO. 79-54 SUBJECT: Board of Review Attached is a booklet furnished by the County showing what homes sold in the past year and at what price, This should give the Council an indication of the market value of homes, /3 5-15-79 CITY OF MOUND Mound,Minnesota May 9, 1979 INFORMATION MEMORANDUM NO, 79-55 SUBJECT: Rosewood Lane The residents of Langdon Heights have asked if Rosewood Lane between Evergreen and Beachwood could be closed for an afternoon while the neighbors have a block party. If the Council has no objection~ we will tell ~hem to go ahead and make plans. As yet, no date has been set,. cc: Police Chief Public Works Director Mrs. Derner BRANCH OFFICES: La]olla. California 92037 1200 Prospecl SIreel, Suile ]50 [?14J 459-2§61 Norlhbrook. Illinois 60062 899 Skokie Blvd.. Suite 540 13~2J 564-4010 San Francisco. Cali[ornJa 94104 220 Sansome Slreet. Suite 1200 (4~5~ 981-2648 Miller & Schroeder Municipals, Inc. NORTHWESTERN FINANCIAL CENTER, 7900 XERXES AVENUE 'SOUTH, MINNEAPOLIS, MINNESOTA 55431 TOLL FREE MINNESOTA 800-862-6002 TEL. 612-831-1500 TOLL FREE OTHER STATES 000.328-612g ? CITY OF MOUND, MINNESOTA PROPOSED 1979 IMPROVEMENT BOND ISSUE Street Improvements and Storm Sewer (15 yr) (May 17th Construction Bids) Sidewalk, Construction and Replacement (10 yr) Storm Sewer Repairs (15 yr) SUB TOTAL Capitalized Interest (two years estimated) Discount Issuing Costs TOTAL ROUNDED OFF BOND ISSUE TOTAL $2,298,000 22,300* 17,900'* $2,338,200 262~000 25,000 15,000 $2,640,200 $2,640,000 *Has been bid--wOrk is done **Has been bi'd--is partially in. NOTE: The large street improvement and storm sewers will not be completed and assessed until 1980. First collections will not be received until August and December of 1981. Ernest L. Clark /303 ]2~ Prospect S/reeL ~uJte Norlhbrook. Illinois 60062 BEg ~kokie ~]vd.. ~uJle 540 San Frencisco. California 220 ~ansome ~treel. ~uJle 12~ Miller & Schroeder Municipals, Inc. NORTHWESTERN FINANCIAL CENTER, 7900 XERXES AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55431 TOLL FREE MINNESOTA 800-862-6002 TEL. 612-831-1500 TOLL FREE OTHER STATES 800-328-6122 SALE MEMO May 7, 1979 TO: FROM: ISSUE; INITIAL RESOLUTION; SALE DATE: DATED: DUE MATURITIES: FIRST COUPON: DISCOUNT: CALL FEATURE: Mr'. Curtis A. Pearson LeFevere, Lefler, Pearson, O'Brien and Drawz 1100 First National-Bank Building Minneapolis, Minnesota Ernest L. Clark $2,640,000 City of Mound, Minnesota, General Obligation Improvement Bonds May' 22, Regular Meeting June 20, 1979, received bids until 2:30 o'clock P.M., CDT, award at 7:00 o'clock P.M., CDT. July 1, 1979 April 1 $140,000 - 1982 $150,000 - 1983 through 1984 $175,000 - 1985 through 1992 $200,000 - 1993 through ~996 APril.~ t" 1980 $25,000 April 1, 1992 bonds maturing 1993/96 @ par RATES: RATING: GOOD FAITH: DENOMINATION: PAYMENT: DELIVERY: PAYING AGENT: Seven (7) rates allowed, ascending order in multiples of 5/100 of 1%. Moody's Investors Service, Inc. $52,800 Bank Draft, Cashier's or Certified Check. $5,000 Funds must be in immediately available funds, not Clearing House Funds. Free within Continental U. S. within .40 days from date of sale. Designated by successful bidder, within 48 hours of sale, to be ratified by the City. 'City will pay reasonable fees. /3o I CITY of MOUND May 9 ~ 1979 5341 MAYWOOD ROAD' MOUND. MINNESOTA 55364 (612) 472-1155 Mr. Bernard A. Duhachek 1957 Lakeside Lane Mound, MN. 55364 Dear Mr, Duhachek: Last night, the Council denied a request for a variance to con- struct an addition to a home. on Lot 7} Block 7, Shadywood.Point. DUring the discussion, 'it was stated that you owned a vacant under- sized lot next to Lot 7. The Council asked me to write you to see if some way you and your neighbor could get together and satisfy the needs both of you have for the empty lot you own and at the same time, straighten out problems the City faces with the non-conformance of this area. The City would appreciate anything you can do and suggests that you might want to discuSs possibilities with the Building Inspector. Thanks for your cooperation. Sincerely, nard L. Kopp City Manager. cc: Building Inspector ~City Council Attorney. /3oo CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55354 {612) 472-1155 May 10, 1979 Mr. Ken Newkircher, President Mohawk Jaycees 4997 Tuxedo Boulevard Mound, Mn. 55364 Dear Mr. Newkircher, The Public Works Department reported that the Island Park Halt was left in a "shambles" after your Thursday night meeting. We are happy to have your group use the hall, but one of the stip- · ulations is that the hall be cleaned after you use it. Future clean up will be billed to your group if this happens again. We also have learned that the Jay. cees have lost another key. That iS' four lost keys since your group has used the building in the last two years. Our policy is to change the locks after two keys are lost, so the locks will have to be changed. Since only the Jaycees have lost keys we feel the cost of the lock replacement should be borne by your club, not the taxpayers. ' Also, the key for the building must be picked up before 4:30 p.m. The City offices close at 4:30 and employees must be paid overtime after that hour. This we feel Should not have to be borne by the taxpayer either, Sincerely, nary M~ narsKe' City ~lerk/Treasurer CITY OF MOUND · MHM/gb ~ cc: Council The case of the Carpentersville eight Roseto court for violation of the loc~ ' ordinance and he was fined. In 1973 Eight officials of the northeastern This complicated story goes back to according to village manager Georg i Illinois village of Carpentersville got a the early 1970s when developer Phillip Shaw, Rose was convicted of bribing a: ~ firsthand view of Chicago's architec- Rose added about 90 houses to a sub- FHA official. Finally, in 1975, the de: turally unique Mctr0politan Coerce- division, then called Rivers End, along vclopcr declared bankruptcy. The vil tional Center last January. the Fox River on the western edge of lage, which originally had agreed to ar The eight--the village manager, exurban Carpentersville--population unusually low $20,000 pefformanc village president, and six village trust~ 25,000. The village--charging Rose bond, was left with an incomplete sub ees--had been held in contempt of with shoddy and incomplete construe- division that, officials now say, need court and ordered jailed by a U.S. dis- don of such public improvements as about $700,000 worth of improve trier court judge for refusing to issue streets, sidewalks, water mains, and ments. building and occupancy permits to a sewers--refused to issue the required Ordered by the bankruptcy court t, developer. They were released three oc~Pancy per.nits, issue the required permits to the buye days later when all except the president When Rose allowed buyers to move of the subdivison's remaining nm agreed to issue the permits after all. in without the permits, the village took houses and two vacant lots, the villag, ~ ,,~ _ refused. It took the position that th. Village president Orville Brettman leads where they were taken Into custody on a buyer, developer Wayne Callahan seven other Carpentersville officials into contempt of court charge. They spent should complete and repair the publi , the Dirksen Federal Building in Chicago, three days in jail. improvements that had been begun b; Rose. *' ?:: AlthOugh the village won a reversa of the bankruptcy court order in the circuit court, the decision in its faro was later overturned by a federal ap peals court. Early in January, thc U.S Supreme Court refused to hear the vil lage's case. When village officials con- tinued to refuse to i:;sue the permits tc Callahan, the bankruptcy court re- quested the district court to find then-. in contempt. "We went to jail to make our point," says Shaw, who has been village man- t agcr for over 10 yeats. "We don't think the bankruptcy court has a right to place] the interest of creditors over the interest "' of a community. We have demonstrated what can happen when it does," hc ..- adds. "We did have a nice jail to go to, though," says Shaw, referring to Hart3' i Weese's triangular, slit-windowed ~ high-rise federal detention center in downtown Chicago. The Carpentersville cause has been i taken up by Republican Congressman · Robert McClory from nearby Lake Bluff' who planned to introduce in the House a bill that would prevent federal judges t~;, from jailing state or local officials over local matters. A local citizens group ~,.~ intends to file a lawsuit to force the new '~ developer to complete the improve- :; ~'. ments. ¢ '~" According to Shaw, occupancy of 11 ~ ,..y ~ more houses represents a serious pol!u- ~ tion danger to the Fox River. And, al- ~ ~ though almost 200 houses in ~he sub- division, renamed Linco!nwood Manor 8 Planning are occupied already, Shaw says that adding even a few more houses could cause sewer backups. The high water table in thc area, he explains, increases the likelihood of groundwater infiltra- tion of the sewer system, thus reducing capacity. As yet, however, there have been no overflow complaints. On the other hand, U.S. EPA re- gional admLqistrator John McGuire says there is L~.de likelihood of environ- mental damage from 11 additional sewer conllectio~s. Since the mid-1970s, at least $3 mil- lion in federal funds has been spent to upgrade Carpentersville's sewage sys- tem, McGuire points out. The system, designed for the year 2000, has a five- million-gallon-a-day capacity. It handles about three million gallons a day at present, says McGuire. The extra 4,000 gallons of sewage from 11 more homes would be insignif- icant, agrcesJ. A. Smedile, chief engi- neer of the Northeastern Illinois Plan- ning Commission, which studied the Carpentersville situation in preparing it~ recently adopted 208 plan. There are continuing leakage and runoff problems in the village sewer system, however. The community is on the Illinois EPA's "restricted list," which means that no additional sewer connections are permitted. Presumably, solutions to these problems will be offered in an engineering consultant's report, commissioned by the village with federal funds and expected to be completed in May. Shaw says this report will support the village's contention that there is a danger of raw sewage backing up into neighboring homes and thc Fox River if the 11 homes in question are occupied. Although village officials insist that they are-acting on environmental grounds, McGuire and others suggest that this controversy is primarily an emotionally tinged legal and political issue. Some have suggested that the eight officials stirred up a ~empest aa a publicity ploy before next month's local ejection. In addition, there has been speculation that village president Orville Brcttman, the one holdout in thc ulti- mate decision to issue the permits, in- tends to seek a seat in the Illinois Gen- eral Assembly. Carpcntersvilte, notes one planner in the area, is "a very poli- tical town." ichigan law council calls it quits O~cials of the East Central Michigan Also facing cutbacks are pro/ams Plann~g and Development Region Providing aid for rape victims, r,flnaway commi~ion have been working franti- youths, juvenile probation andfiehabili- cally to r~organize its law enforcement tafion programs, crime prevention units, section to Xa¥oid a total cutoff of federal mobile crime laboratori~, college money for pblice services, courses for police officers, ~/special pro- In early D~c~ember, the 125-member gram for training policf(vomen, and Law Enforcement Council, angered at legal aid offices. A profiram for tribal what it called b~eaucratic interference law en, forcement among Saginaw in police plannifi~, voted to abolish 2ounty s Chippewa/Indian tribe is itself. This is believed to be the fn'st hreatened as well. / time that a rcgiona~l~ law enforcement The disbanding/o,f,the regional law council has taken such~n action. :nforcement council forces the parent \ tgcncy, the Eas,t/Ccntral regional plan- The 8,000-square~/nil% Central region is the largest plan_.o~ng region in the ~tate. About 750,00,0 people live in the 14 counties surrounding Saginaw Bay on Lake Huron. Most Of the popu- lation is centered in the Saginaw-Bay City area. y Surprisingly, this primarily rural re- gion is one of the nation's most crime- ridden. Since .1972 it has received nearly $9 million for innovative programs to fight crime and make the criminal jus- tice system work. One of the progra~ns facing a cut- back this year is Saginaw County's Metro Narcotics Unit, which was or- ganized to battle the county's multi- million-dollar heroin traffic. Saginaw County is ~'ecognized as one of thc'larg- est distribution centers for Mexican . heroin in the U.S. ting commissifin, to attempt to find )olicc and 56urt officials willing to ~erve on a nqfit council. The region must t)ave a council if it is to be eligible for fu n'~ling. ' h r · If t ei-move falls, by the end of the all federal money for police will have to come through the Office of Criminal Justice Plan- However, that office tends to favor ':les at the expense of the iral agencies. "Part of the problem is that the law council existed before the commission came into being," inaw County circuit judge Gary R:, M~:Donald. McDonald, recently a ca~ndidhte for the Michigan Supreme: C~urt, 1~¥ been a driving force behind die law c~xncil's efforts to gain more fe~era aid~flor police and courts in Michigan, an~ he headed the law coun- cil during the ~Ot year. }Governor Wi~ham Mdhken s~gned ad executive ordk.r in 1972 placing all Michigan law e~forcement groups udder the umbre, lbk of the regional pl}nning comm~ss~q~ns. McDonald stresses that this arraqgement is not tyOical of other states. IAt first, the mergcr~aused little trouble, he says. The region was just beginning to seek money\.for more ambitious programs, and thei¢ seemed to>be plenty of money to go a?ound to th~ county agencies. ~hc trouble started when the requests for'money exceeded the funds received from the federal government and "t6ugh decisions" had to be mad& Some of thc larger counties had to take a back seat to the smaller, rural coun- uts where the crime rate was soaring. McDonald charged that the regional March : 12. q7 12, q~ David H. Cochran, Pres. · H. Dale Palmatier · Albert L. Lehman * James S. Russell · Jean Williams May 2, 1979 DEAR INTERESTED CITIZEN: Enclosed for your information is a copy of the Minnehaha Creek Watershed District Annual Report for 1978. Please feel free to contact any member of the watershed district's Board of Managers ~should you have any questions or comments about the district's activities. Very trul~ yours, David H. Cochran, President Minnehaha Creek Watershed District DHC/ccj Enclo sure MINNEHAHA CREEK WATERSHED DISTRICT ANNUAL REPORT FOR 19'78 APP, I L, 1979 . I N TRODU CT I ON The names, addresses and terms of the managers are: David H. Cochran 4640 Linwood Circle Excelsior, MN 55331 Term expires March 8, 1981 James S. Russell 5124 Thomas Avenue S. Minneapolis, MN 55410 Term expires March 8, 1979 Albert L. Lehman 3604 West Sunrise Drive Minnetonka, MN 55343 Term expires March 8, 1979 H. Dale Palmatier 6135 Smithtown Road Victoria, Minnesota P.O. Excelsior, MN 55331 Term expires March 8, 1980 Jean Williams 2709 Jersey Avenue S. St. Louis Park, MN 55426 Term expires March 8, 1980 The present officers are: David H. Cochran Albert L. Lehman H. Dale Palmatier Jan]es S. Russell President Vice President Secretary Treasurer During 1978, twelve regular meetings were held by the managers on the third Thursday of each month at 7:30 p.m. at the Wayzata City Hall. In addition, the n]anagers attended meetings with representatives of the Department of Natural Resources and the Army Corps of Engineers regarding various elen.ents of peti- tioned projects, and meetings with Lake Minnetonka Conservation District officers to discuss matters of mutual concern. Repre- sentatives of the Board of Managers attended n'~eetings of the Minnesota Association of Watershed Districts. As in previous years, the managers supplied copies of minutes of all meetings and reports to interested citizens and to public officials throughout the district. Copies of the 1977 Annual Report were also filed with the Minnesota Water Resources Board, the Boards of County Colamissioners of Hennepin and Carver Counties, and with State Senators and Representatives from the watershed district area. The managers noted, with deep regret, the death of former manager Robert B. Carroll, %;ho served on the Board of Managers from the establishment of the Board in 1967 until his retirement in 1976. The managers express their deep appreci- ation of Mr. Carroll's long and dedicated service on the Board. PERMIT APPLICATIONS AND GENERAL ACTIVITIES. The watershed district received 156 per]air applications during 1978. In each instance, the proposed project was revieued in detail by the managers for environmental soundness and for com- pliance with the district's rules and regulations. Applications were received for projects such as dredging, shoreline rip-rapping, highway and utility crossings, setback variances, filling, prelim- inary plat review and drainage--~nd grading for site development. As in previous years, a large majority of the applications received were from the Lake Minnetonka portion of the watershed district, reflecting the continuing u~banization of that area. The watershed district continued its permit application referral procedure during 1978. In accordance with this referral procedure, prior to the presentation of an application to the Board of Managers, the planning commission of the affected munici- pality makes a preliminary determination that the proposed work conforms with local ordinances and regulations. The matter is then referred to the managers, whose recommendation goes to the City Council for the affected municipality prior to the Council's final action on the application. All permits granted by the watershed district specifi- cally require compliance with applicable municipal ordinances and, if the permit involves Lake Minnetonka, the applicable ordinances or regulations of the Lake r.linnetonka Conservation District. In addition, permits issued by the watershed district require compli- ance with any applicable regulations of the Minnesota Dep~rtment of ~;atural Resources. The managers continued to receive from the engineer for the district a written preliminary review of each permit applica- tion in advance of the meeting at which the application was to be considered. The district engineer includes a recomniendation to the managers with respect to each permit application. This procedure is intended to allo%; the managers to more effectively allocate ti]ae at the regular meetings to perniit matters warranting detailed review. The final assessment of each per~,]it application is then provided by the engineer at the regular meeting at which the permit application is considered by the mana~3ers. DATA COLLECTION. The hydrologic data collection program was continued during 1978. The data for 1977 is published in the annual Hydro- logic Data Report dated March, 1978. Copies of these reports were made available to the Minnesota Water Resources Board, the Metropolitan Council, the Minnesota Pollution Control Agency, the Department of Natural Resources, and local governlnent offi- cials and citizens advisory groups. MINNEHAHA CREEK IMPROVEMENT PROJECT. In February, 1978, the managers held the final hearings in connection with the petition of the Cities of Minneapolis, Edina, St. Louis Park, Hopkins and Minnetonka, and the Minneapolis Park and Recreation Board, for a Basic Water and Land Management Improvement Project for Minnehaha Creek. At the same time, the Minnesota Department of Natural Resources also held a joint hearing With the district on the district's application for the necessary DNR permits to construct the new control structure at the site of Grays Bay Dam. In April, 1978, the managers authorized and ordered the Basic Water and Land Management Improvement Project for Minnehaha Creek. The managers directed the engineer to prepare the necessary final plans and specifications for the project and authorized that an agreement be executed with Hennepin County regarding construction, operation and maintenance of the structure. As of year end, the managers had adopted a timetable for final engineering and construction of the individual projects, with construction planned to commence late in 1979 and to continue through 1980. RELATIONSHIPS WITH LOCAL GOVERNMENTAL UNITS. The managers continued a policy of cooperation' a~d exchange of information with other governmental units affected by the programs and policies of the watershed district. In addition to the permit application procedure previously describ- ed, they also continued to honor requests to attend meetings of municipal and state officials as well as meetings of interested citizens and environmental groups. STORM WATER RESEARCH PROJECT. During 1978, final reports were printed by the U. S. Environmental Protection Agency reflecting tlie results of the storm water research project undertaken by the District under a U. S. EPA grant. Copies of the final report are available from the district engineer, Eugene A. Hickok & Associates. WATERWAYS MAINTENANCE A~D REPAIR FUND In 1978, the Board of Managers continued its practice of requesting from the municipalities within the district suggestions for maintenance projects to be paid for from the Waterways Maintenance and Repair Fund. From the numerous requests received, the managers approved projects with munici- palities of the district. Included among the projects were shoreline erosion control, streambed maintenance, sediment removal and shoreline cleanup. In all cases, the grants were conditioned upon the work being arranged for and supervised by the city involved, either through city employees or by a contractor, and upon payment by the watershed district only after inspection and approval by the engineer for the district. The availability of matching funds with which to complete the projects was one of the factors considered by the managers in making the grants. UPPER WATERSHED STORAGE AND RETENTION PROJECT. During 1978, the managers revie%~ed the status of the petition of the Lake Minnetonka Conservation District for the Upper Watershed Storage and Retention Project. Following review, the managers concluded that additional engineering studies and public hearings would be required prior to a determination by the managers on the project. The managers also noted that such studies and hearings could not_~e undertaken during 1978 because of the work required on the Creek Improvement Project. Accordingly, the managers deferred making findings with respect to the petition of the Lake Minnetonka Conservation District until June 1, 1980. LITIGATION WITH THE UNITED STATES ARMY CORPS OF ENGINEERS. On April 29, 1976, the Minnehaha Creek Watershed District, along with the Lake Minnetonka Conservation District, the Lake Minnetonka Association and two individuals, commenced an action against the United States Army Corps of Engineers, challenging the assertion by the Corps of Engineers that it has under law jurisdiction over Lake Minnetonka and Minnehaha Creek as far downstream as Minnetonka Mills. After the commencement of this lawsuit, the State of Minnesota intervened as a plaintiff. On April 18, 1978, the Federal District Court for the District of Minnesota issued Findings of Fact.and an Order ruling that the Corps of Engineers lacked jurisdiction to regulate activities of the District on Lake Minnetonka and that portion of Minnehaha Creek above Minnetonka Mills under the Rivers and Harbors Act of 1899, and declaring certain regulations promulgated by the Corps of Engineers to he invalid insofar as they purported to regulate the placement of rip-rap and the con- struction of dams. Thereafter, the Corps of Engineers made motions for reconsideration, which %~ere denied. On June 16, 1978, the Corps of Engineers appealed the decision of the Federal District Court to the Eighth Circuit Court of Appeals. Oral argument %;as pre- sented by attorneys for the District to the Eighth Circuit Court of Appeals sitting in St. Louis, ~]issouri on Decen~ber 13, 1978. A decision was pending at year-end. 7 FOR WORK IN PUBLIC WATERS. . During 1978, the Minnesota Department of Natural Resources adopted final rules governing permits for work in public waters which incorporated some of the suggested modifi- cations recommended by the managers in the rule-making hearing. FLOODPLAIN ZONING ON MIN~EHAHA CREEK. During 1978, pursuant to requirements of the Federal Insurance Administration, a redelineation of the floodplain of Minnehaha Creek was undertaken. As a result of this redeline- ation, the municipalities on the creek are in the process of adopting revised floodplain management ordinances. The managers and the district's engineer have worked cooperatively with the municipalities regarding this matter of common concern to all municipalities on the creek and have urged the municipalities to adopt floodplain delineations that wil.1 preserve maximum flood storage capacity along the Minnehaha Creek. NATURAL ORDINARY HIGUWATER LEVEL - LAKE MINNETONKA. On January 24, 1978, the Comn]issioner of the Department of Natural Resources issued his Findings, Conclusions and Order establishing the ordinary highwater level of Lake Minnetonka at elevation 929.4 National Geodetic Vertical Datum (NGVD) 1929. The investigation by the DNR was made in response to the joint petition of the Minnehaha Creek Watershed DiStrict and the Lake Minnetonka Conservation District. 8 MINNESOTA WATER 'PLANNII~G BOARD WATER MANAGEMENT SURVEY. During 1978, the managers participated in the survey conducted by the State Water Planning Board to secure data to assist the Water Planning Board in making its reports and recommendations to the legislature in 1979 regarding water resource management. WETLANDS INVENTORY. During 1976, the watershed district entered into an agreement %~ith the Minnesota Department of Natural Resources to prepare an aerial survey of wetlands in the Twin Cities metropolitan area. Final reports and maps were received in 1978. The reports describe the processes used in determining wetland types. The survey results are presented through the use of transparent overlays of the standard U.S.G.S. quadrangle maps of the watershed district area. They have already proven useful in review of permit applications and should be of value for a wide range of future uses. FINANCIAL RECORDS. The financial records-of the District are kept by a certified public accountant. All financial transactions are recorded in the minutes of its meetings. The treasurer of the District maintains separate records for each of three funds: (1) its administrative fund; (2) the storm water research fund; and (3) the waterways 9 maintenance and repair fund. These records include the dates and amounts of all expenditures, the names of individuals receiving payment and the purposes for which payment is made. The official depository for the District is the Wayzata State Bank, Wayzata, Minnesota. The books of the District were audited for the year 1978 and a copy of the audit was forwarded to the State Auditor for the State of Minnesota. Respectfully submitted, 'David H. Cochran, presideht' ' Board of Managers of the Minnehaha Creek Watershed District 10