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82-09-28MOUND CITY COUNClL~ Regular Meeting Tuesday, September 28, 1982 7:30 P.M. - City Hall CITY OF MOUND AGENDA Mound, Minnesota 1. Minutes of Septem. ber 21~ 1982, Special Meeting 2. PUBLIC HEARINGS ON PROPOSED ADOPTION OF THE FOLLOWING: A. Central Business District Maintenance Assessment for 1982. B. Unpaid Tree Removal Charges - Special Assessment C. Unpaid Weedcutting Charges - Special Assessment D. Delinquent Water & Sewer Bills E. Delinquent Water & Sewer Bills - Special Assessment 3. Comments & Suggestions from Citizens Present (please limit to 3 minutes) 4. Appointment to the Housing & Redevelopment Authority of the City of Mound Stop Sign at the Intersection of Shorewood Lane & Quail Road - Bruce Wold 6. Acceptance of Bids for "Mound Bay Park"- Chris Bollis/ John Cameron (Handout at the meeting) 7o Set Date of October 12, 1982, for the Special Assessment Hearing for the Cost-of Tree Removal 8o Proposed Lease of Lots 1,2,3, & 22, Block 5, Dreamwood, for Use as a Garden in Exchange for Keeping the Lots Clean and Maintained Payment of Bills INFORMATION/MISCELLANEOUS A. Article on Purple Loosestrife: Flowery Threat to the Wetlands B. Letter from the City ~of Orono - Re: L.M.C.D. C. L.M.C.D. - Agenda & Minutes D. Letter from McCombs-Knutson on 1981 Street Project E. Letter from Suburban Public Health Nursing Service F. Brief on Continental Phone - Jim Larson G. Letter from Chris Bollis on Stairway at Avocet & Bluebird H. Westonka Chamber Waves I. Hennepin County Transportation Program Pg. 2207-2214 Pg. 2215-2222 Pg. 2223 Pg. 2223 Pg. 2224-2225 Pg. 2226 Pg. 2227-2228 Pg. 2229 pg. 2230-2232 pg. 2233 pg. 2234-2236 Pg. 2237 Pg 2238-2239 Pg 224'0-2243 Pg 2244-2248 Pg 2249 Pg 2250 Pg 2251-2264 Pg. 2265 Pg. 2266-2267 Pg. 2268-2272 Page 2206 J. Fact Sheet on Constitutional Amendment-for Highway Bonds ,K. Metropolitan Council Review L. Citizen League Memo Pg. 2273-2274 pg. 2275-2276' pg. 2277-2280 Page 2206-a SPECIAL MEETING. OF THE CITY COUNCIL 192 September.21', 1982 PurSuant to due call and notice thereof, a special meeting, of the City Council' of the City of Mound, Hennepin County, Minnesota, was held at 5341MaywoOd Road iO said Ci. ty on September 21, 1982, at 7:30 P.M. ~hose'present were: Mayor Rock Lindlan,.Councilmembers P~nky Charon, Gordon Swenson, and Donald Ulrick.. Councilmember Robert Polston was absent and · excused. Also present were: City Manager'Jon Elam, Ci.ty AttorneY Curt Pearson,'City Engineer John Cameron & Skig McCombs, Finance Director Sharon Legg, Police Chief Bruce Wold and City Clerk Fran Clark; and the following interested persons: Helen Livingston,.Russ Falness,'William Kalal, William Neison,..Patty.& Steve Turcotte, Jerry Longpre, Robert Lund, Norbert Ebert,. Willard Hillier, Mr. ~ Mrs.'John Wagman, Mr. & Mrs. Bob Hansen and Ron Gehring, Patzy D~Avi~a. The Mayor opened the meeting ~nd ~elcomed the people attending.- MINUTES Ulrick moved and Swenson.seconded a.motlon to app~ove..the Minutes of the September 7, 1982, Regular Meeting as'submitted. Charon moved and Swenson seconded a motion to.amend the Minutes of the September 7, 1982, Regular Meeting, striking paragraph 2 and 3 of page 187 from the Minutes. The vote on the amendment was unanlmousl, y.in favor. Motion carried. The vote on the original motion with the amendment was unanimously.in 'favor. Motion carried. PUBLIC HEARINGS - SPECIAL ASSESSMENTS A. "COUNTY ROAD 110 PROJECT" The MaYor introduced the.persons present who are available to answer' questions. .. ... City Attorney Curt Pearson.explained the.legal procedures of these improvements.and'the.assessment.'p.rocedure under'Minnesota Statutes, Section 429. He also explained .the. appeal process. City.Engineer John Cameron,-explained the construction work that was completed and the final'costs.. This'assessment includes; curb & gutter, concrete driveway.aprons, and storm sewer. The new 10'! watermaln that was installed as a part of this project was paid out of City funds and not assessed back. The total.amount to be assessed is $187,437.39. The final assessment'on this.project is less than was anticipated. Estimate Before PFoject. Curb & Gutter $5.10/L.F. Concrete Driveway Apron 3.58/Sq. Ft. Storm Sewer .048/Sq. Ft. The Mayor opened the. Public Hearing. Final Cost $3.45/L.'F. 1.53/Sq. Ft. .O51/Sq. Ft. September 21, 1982 Willia~ Nelson - asked how many times he can be assessed for storm sewer? John~Cameron responded that he was assessed ½ when Spruc~ was done and " now ½ for Commerce Blvd. Willard Hillier - commented that he felt the'new road was a great improvement. John Rosch - represent!ng the V.F.W. asked about the storm sewer being based.on lot drainage or..street drainage. John Cameron explained the procedure.. Norbert '~bert - asked why Peabody Road was ·being done now. John Cameron explained that this is an extension of the original project and that the County did not extend the .storm sewer far .. enough. Bill Kalal - asked he the people were given credit fo~ the sidewalk that was done previously and.assessed .and torn up'during the project and replaced. John. Cameron explained that this was not,included in the assessment but was paid for by the CountY. The Mayor closed the Public Hearing. Swenson moved and Ulrick seconded the following resolution. RESOLUTION #82-247 .RESOLUTION ADOPTING THE ASSESSMENT ROLE AS PROPOSED FOR THE COUNTY ROAD llO IMPROVEMENT PROJECT · The vote was unanimously in favor. Motion carried. "COUNTY ROAD Ilo.sTREET LIGHT PROJECT" City Engineer John Cameron~ explained, that this project was done in conjunction with the County Road' 110 Improvement Project. The background on the new street lights is'that originally the City was going to refurbish the old street lights but found out it Would be too expensive and that.they were extremely expenslve to,use'so new lights, were decided upon,. The amount to be assessed, is $68,700.00.. The properties were divided into two.categories, single family residential use as one and all ot'her uses .as the second.category. The charge per foot for the other uses was computed at 1-1/2 times the residential rate. Residential Use - $4.38/L.F. Other Use - $6.57/L.F. The Mayor opened the Public Hearing. Patzy D-Aviza asked why the bases were changed. John Cameron explained.that the base was changed to accommodate the new poles which are taller than the old ones. The Mayor closed the Public Hearing. 194 September 21, 1982 Ulrick moved and Swenson seconded the f011owing resolution. RESOLUTION #82-248. RESOLUTION ADOPTING THE ASSESSMENT ROLE AS . .. PROPOSED FOR THE 1981 COUNTY ROAD 110 STREET " LIGHT IMPROVEMENT PROJECT The vote was unanimously in favor, PLAN~iNG COMMISSION ITEMS Motion carried. PRELIMINARY SUBDIVI.SlON OF LAND - FRANK· H. LIVINGSTON-- 5249/5251 BARTLETT BLVD.· PID '#24-117-24 24 0014 The City Manager explained that .theapplicant.is..requesting to subdivide Lots 17, 18 & 19 and the easterly'15 feet of Lot,32.into. two building sites wi.th 26,700.-and 23,700 square feet of lot area:plus a parcel of 9,'OOO..square feet described as."C" to be·added to·Tract E of Registered Land SurVey 813.. The division,'would allow:for proper setbacks on the principal.structures and the'detached garage. Aft'er' the di~isi0n, the owner of Tract. E of RLS.No. 813 would.have 20.89."feet (parcel C) fronting On'Bartlett Blvd.; the front~ge..for. Parcel B would be 52.31 feet and for Parcel=A 67 feet. Ten f.eet DE Lot 18 would be a-private'easement for driveway and utili.ties.for the 5249. Bartlett structure, The Planni'ng Commission'recommended approval. Swenson'moved:and Ulrick seconded the foil. owing resolution. RESOLUTION #82-249 RESOLUTION TO.CONCUR:]WITH THE PLANNING COMMISSION ~ RECOMMENDATION AND APPROVE THE PRELIMINARY SUBDIVSION/ · ... LOT SP.LIT.'WITH. CERTAIN STIPULATIONS - PID #24-117-24 24 0014'. ' The-vote was unan.imp~sly in favor'.i. Motion ca'tried. RECONSIDERATION ',vARIANCE TO.PLACE AN ATTACHED GARAGE 18 FEET TO 20.3 FEET'FROM ISLANDVIEW DRI.VE - KEVIN HETCHLER - 4913 ISLAND VIEW DRIVE - LOT 14,' BLOCK 14, DEVON The City Manage'r stated that the Planning.Commission has asked the Council to reconsider thls.'.variance because.the Hetchlers'can build a detached garage With entrance.on the .side&and the setback for this is only 8 feet off Island View.Drive. ~~ ' UlriCk moved.and Charon seconded a motlon to reconsider this application for a variance. The vote was·unanimously in favor. Motion carried. Ulrick moved and Swenson'seconded the following resolution. RESOLUTION #82-250 RESOLUTION TO CONCUR:WITH THE PLANNING ·COMMISSION AND GRANT A VARIANCE TO PLACE AN ATTACHED GARAGE 18 FEET'TO 20.3 FEET FROM ISLAND VIEW DRIVE - LOT 14, BLOCK 14, DEVON - PID #25-116-24 11 0043 The vote was unanimously in favor. Motion carried. September 21; 1982 COMMENTS &'SUGGES'TIONS. FROM CITIZENS PRESENT The Mayor asked is there were any comments or suggestions from the citizens present. : Ther~ were none. BID FOR ADMINISTRATIVE VEHICLES The City Manager explained that we received 5 bids for 3 new or used ~dministrative vehicles. Police Chief BPuce Wold, was present and recommended either the low bid from for~the used vehicles of National Car Rental or the )ow bid for the new vehicles of Thurk Bros. Chevrolet. The Council Jiscussed the difference in the two low bids. Swenson moved and.Ulrick seconded the following resolution. RESOLUTION #8~-251 RESOLUTION TO APPROVE THE LOW BID FROM THURK BROS. CHEVROLET FOR 3 NEW ADMINISTRATIVE VEHICLES IN AN AMOUNT NOT BE EXCEED $20,859.O0' The Vote was unanimously~in favor. Motion carried.. PAINT ExTERIoR OF CITY HALL The City Manager explained that he is .concerned about the condit;on of the outside of the City Hall and has.obtained a quote from Minnetonka Painting & Decorating in the amount of $1,720.OO to bleach out the water stains, caulk all areas needing caulk, t'oenailing the boards, and~_t;~ the outside. Swenson moved and Charon seconded a motion t'o approve the quotation.of · Minnetonka Painting & Decorating in the. amount of $1,720.OO for. the above work on the exterior of the City Hall. The vote ~as unanimously in favor; Motion carried. The Council then dissussed.the City Hall roof leaking problem. ISLAND PARK'WELL -George Boyer was present and presented a letter to the Council concehning Well No. 8'and the feasibility of developing a well on the island. It stated that the site chosen is not suitable for groundwater development as originally .thought. The Council then discussed the following possibilities: 1. Looking for another site on the island.and drilling new test holes. 2. Building only a storage facility on the island and pumping from one of 'the other wells in town to fill this storage tank. 3. Continuing to drill at the present location. George Boyer will do some calculating on water usage and capacity of the lines and get back to the Council. No action was taken. NEW POLICE VEHICLE ' Police Chief Bruce Wold has drawn up specif.ications for the purchase of a 1983 squad car out of 1982 Revenue Sharing Funds. The City Attorney suggested that these specifications be made up on a non-exclusive basis. 196 September 21, 1982 Ulrick movbd and Charon seconded a motion to authorize advertising for bids for 1 (one) 1983'squad car; with bids to open on October 12, 1982, at 10:OO A.M.. The vote was unanimously in favor. Motion carried. EXTENSION OF RESOLUTION.#81'-216 The City Manager stated that.a letter 'from'Eden Land Sale, Inc.. Has been received, requesting a 1 year extension of Resolution #81-216, Langdon's 'Landing~ 'Charon moved and. Swenson seconded the following resolution. RESOLUTION #82-252 RESOLUTION GRANTING AND EXTENsIoN OF RESOLUTION .. #81-216FOR ONE.YEAR, UNTIL JULY 7, 1983. The vote'was unanimously in favor. Motion carried. CENTRAL BUSiNESS'DISTRICT CHANGES - MAYOR ROCK LINDLAN' The Mayor sUbmitted a Memo to. the Council and some suggested central business.district changes'.' His suggestions,were-as follows: 1. Extending Auditor's Road in a straight line which would create a 24 foot "travel.lane". 2. Several changes to the parking lot East oF Minnesota Federal. 3. Relocat. ion of the auto mailbox by the Post Office. 4. Widening ~he sidewalk on County Road 15. 5. OffiCially naming all.the parking lots in the CBD, using '!directional name". 6.. Ask school-'~authorities to make t~eir corner lot at Community Services a double wide parking lot. 7, Making .the crosswalks more visible LAKE MINNEToNKA TASK.FORCE MEETING REPORT - MAYOR LINDLAN The Mayor gave a brief report On the meeting that was held on september i4, at the Water Patrol Office in Spring Park. He also submitted a 1982 Water Patrol Report. LETTER TO SPRING PARK · The City Manager submit.ted a letter that he is considering sending to Spring Park regarding their use of C.ity of MOund employees on.a base fee basis. The Council discussed, several different ways to approach this but left the f!nal 'decision to the City Manager's discretion. EDGEWATER DRIVE PARKING The City Manager explained that after Ordinance #438 was adopted a letter was sent to all the residents of Edgewater DriYe asking for their opinion of the parking restriction that was to be imposed. The feedback was all negative.. This ordinance was never published in order to obtain the resident's opinion before the ordinance became law. 197 September 21, 1~82 Charon moved and Ulrick seconded a motion directing the Staff not to publish Ordinance #438 and repealing the same. The vote was unanimously in favoro: Motion carried. PAYMENT OF BILLS s~enson moved and Ulrick secbnded.a motion to approve the payment of the .bills as present on the pre-list in the amount of $85,519.40, when funds are avai.lable. Roll call vote was .unanimously in favor. Motion carried. LOT 1, BLOCK 38, wyCHWooD The City Attorney has asked that'the following resolution be adopted and become a supplement to an earlier resolution about Lot 1, Block 38, Wychwood. Swenson moved' and Ulrick s~conded the fol'lowing resolution. RESOLUTION #82-253 RESOLUTION. RELATING TO.TAX FORFEITED LANDS~ · REQUESTING THE COUNTY BOARD TO SEL.~ SAID TAX FORF'EITED LAND:TO THE CITY OF MOUND The vote was unanimously in favor. 'Motion.carried. INFORMATION/MISCELLANEOUS Note of Thanks from Irene Jezorski - Thanking the Cou.ncil for their continued support for funds for the "Westonka Counsel'ing for 01der Adults". ; B. Letter to HUD Regarding Downtdwn Imrproveme..Et Program - Letter requesting the assistance of the Area Office in securing a waiver from 570.302 (e) (1), to allow the City of Mound to implement the Commercial Loan Interest Write Down element of its Downtown Revitalization P~ogram, C. Article from September 13, 1982~ Time Magazine - Dragging Cities into Court. D. Letter from City Attorney on Status pf Le~al Case'- Priscilla Anderson case update. Letter.from L.M.C.D.. Regarding Driftwood Shores'Association Dock Permit Letter from'League Regarding Effect of New Tax Law on Municipal Bond' Market - ~he City Attorney reported that the major change will be that bonds will have to be registered, which means more paper, and more expense. The I.R.S. is trying to have municipal bonds taxed. Thus they will become more cumbersome and less attractive to investors. Note from Metro Council Regarding New Transportation Development Guide/ Policy Plan for 2000 (TPP) .198 " ~. September 21, 1982 H. Minnehaha Creek .Waters.hed DiStrict A.geqda - for September 16, 1982. Minnehaha Creek Watershed District Minutes - for August 19, 1982 & .... August 30, 1982 I. Hold.Harmless 'Agreement with Minnetonka Portable-Dredging'- for removal ~f the tree that was blocking Lost Lake Channel. Councj.lmember Ulrlck gave a brief report on the Senior Citizen support groups and programs. Swenson movedand Ulrick seconded'a motion to adjourn'. The vote was unanimously'in favor. Motion carried. Time: 10:50 P.M. · Jon Elam, City Manager Fran Clark, City Clerk BILLS---SEPTEMBER 21, 1982 Air Comm .Earl F. Andersen Autocon Industries Advance Ambulance Holly Bostrom · Bl'ackowiak & Son- Bryan Rock-Prod Brown' Photo Berkeley Pump Co.. F.H. Bathke Robert Cheney Robert. Cheney Biil Clark Standard Coast to COast Continental T~J&phone. Craftsman Industries Dyna Med, Inc. Dept of Natucal Resources Director of ProperKy Tax 'Election Judges (29) ELMarketing First Bank Mpls Game.Tim~ General Safety Equip Genuine Parts Glenwood.lnglewood Herbs Typewriter Eugene Hickok & Assoc Henn Coop Seed Exchange Robert Johnson Internat'l Assn Chiefs Police Koehnens Standard Koenig & Robin Lampert Lbr Lowells LOGIS The Laker League of MN Cities Doris Lepsch Lutz Tree Serv Lake Mtka Conserv Distr' Mound Postmaster · Metro Waste Control SAC MN'MFOA City of Mound McCombs Knutson Metro Waste Control' Minnegasco Minnesota Fire Inc Mound Fire Dept 96.00 46.28 37.25 436.22 329.00. 94.00 839.O5 118.90 172.29 20.70 334.00 '1,000.00 5,838.27 116.11 1,12.!.29 36.00 203;70 15. O0 '56.80 1,596.71 313.25 20.00 12~.29 4,499.20 13.95 56.60 80.O0 288.91 99.95 23:10 35,00 ]6.00 '258.O0 68.54 17.75 1,332.40 375.O1 960.00 60.00 3,535.00 1,998.50 300.00 841.5o 75.oo 35.16 9,162.oo 19,277.27 17.15 19o.88 '3,957.35 Mdund. Locksmi th Wm Muel l er & Sons Ronald Marschke Mi nn Comm. Mart ins Navarre 66 Maple Plain Diesel' Navarre Hdwe · .' NW Be.11 Nei tg.e Construction N.S.P.' Planning' & Deuelop.. Ritewa¥ Motor Parts Rollins Oil Co. Reo Raj Kennels Regal Window Clean Howard Simar Nel s Schernau Spring Park' Car' Wash Don Str&icher Guns · DelorJs Schwalbe Suburb6n Tire Thurk Bros Chev Un i tog Rentals Westonka Sewer 4; Water Wi dmer Br.os. John Eccles Griggs, Cooper Johnson Bros. Liquor MN Distillers Old Peoria Ed Phillips 9.50 269.50 10. OO 28.50 76.60 17.02' 109.74 ' 72.8O 227.50 8,193.12 724.50 130.65 )41.20 334.00 10.75 265.00 9.24 89.90 6.20 30.00 45.041 79.53 217.85 4,048.75 250.50 96.00 1,846.08.' 2,491~707't. 1,144.78 738.23 3,266.89 TOTAL BILLS 85,519.4O CBD PARKING LOT MAINTENANCE Project ASSESSMENT AFFIDAVIT OF MAILING IMPROVEMENT HEARING NOTICE STATE OF MINNESOTA COUNTY OF HENNEPIN Francene C. Clare , being duly sworn, deposes and says; I am a Un, ted States Citizen, over twenty-one (21) years of age, and the City Clerk of the City of Mound, Minnesota. On September 17, , 19 82 , acting on behalf of the clty, I deposited in the United States postofflce at Mound, Minnesota, copies of the attached notice of a hearing on proposed Improvement, enclosed in sealed envelopes, ~ith postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their Yespectlve names. : NAME ADDRESS See Attached,List There is delivery servlce by United States mail between the;place of mail'ing and the places so addressed. Subscribed and sworn to before me this 17th day of Sept. , 1982 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND AFFIDAVIT OF DILIGENT SEARCH Francene C. Clark . , being first duly sworn, despo~es and says: For the purposes of giving notice of the (assessment) (k~e~;e)t~) hearing for Improvement CBD Parking Lot Maintenance Assessment set for Sept. 28, .1~ 8.~, I have examined the followlng ~n order to ascertain the names and addresses of each,person, firm, or corporation having an interest in each lot, tract or parcel against which it is proposed to levy for a speclal (assessment) .(improvement). 1. Records of County Auditor. 2. Records of County Treasurer. 3. 6. After making such search and inquiry, Ii am unable to find any.other persons, firms or corporations who have interests other than those listed on the sheet, attached. Of those llsted, the addresses of the followlng could not be found: I inquired about th,em from neighbors and the pollce and fire department. I also examined directories cover, ing the city and telephone directories for the area, but the addresses could not be found. Subscribed and sworn to before me this 17t1~ day of Sept. 1982 Central Business District Assessment Heaming. Notices M E Mueller 2216 'Commerce Blvd. Mound, MN 55364 13-117-24 33 0001 Conco Inc. P.O. Box 1355 Vail, Colorado 81657 13-117-24 33 0064 MN Federal S & L Lesse~" 355 Minnesota St. St. Paul, I.~N 55101 13-117-24 33 0066 Thrifty Drug Stores Inc. 8700 W 361h St. St. Louis Park, MN 55426 .14-117-24 44 0001 State Bank' of Mound 2339 Comme'rc~,Blvd. Mound, MN .5536~ 14-117-24'4~' 0002 Charles V. Carlson 1072 Commerce Blvd. Mound, MN 55364 14-117-24 44 0003 WM R. Koenig 2252 Commerce Blvd. Mound, MNh 55364 14-117-24 44 0004 Charles V. Carlson 1072 Commerce Blvd. Mound, MN 55364 14-117-24 44 0006 H.B.R. Larson 2548 Avon Dr. Mound, MN 55364 13-117-24 33 0004 House of Moy 555 5 Shoreline 'Blvd. Mound, MN 55364 13-117-24 33 0005 Harold B.R.,Larson 2548 Avon Dr. Mound, HN 55364 13-117-24 33 0005 'Curtis L, Johnson Box 246 Spring Park, MN 55391 .13-117-24 33 0006 Howard C. ~rn 6057 Lynwood Blvd. Mound,.MN 55364 13-117-24 33 0007 Howard C. Orn 6057 Lynwood Blvd. Mound, MN 55364 13-117-24 33 0008 Field Real Est &Bld Office P.O. Box 69069 'St..Paul,'~IN 55169' 13-117-2'4 33 0011 Robert.A. Lauer 5575 Shoreline Blvd. Mound, MN 55364 .. 13-117L24 33 0014 Dr. Robert Lauer 5585 Shoreline Blvd. Mound, MN 55364 13-117-24 33 0015 Mound Dry Goods Co;, Inc. 2330 Commerce Blvd. Mound, MN 55364 13-117-24 33 0016 Mound Dry Goods Co., Inc. 2330 Commerce Blvd. Mound, MN 55364 13-117-24 33 0017 Robert E Johnson 5488 Tonkawood Rd. NE ~.~ound, MN 55364 14-117-24 44 0046 Eugene B. Bickmann 815 Cedar Ave. So. ~Ipls., MN 55404 ' 13-117.24-33 0027' William G. Clark 5549 Bartlett Blvd. ~lound, MN 55364 13-117-24-33 0039 ~-lound. Builders Inc. r~und, ~IN 55364 ' 13-117-24 33 0040 Broicf~---~Ag~ncy East ~afn St~. Sl.eepy Eye, MN 56085 13-117-24 33 0042 Mound SuPer Value 2240 Commerce Blvd. Mound, MN 55364 13-117-24 33 0043 Wm. N. JohnSon P.O. Box 1355 Vail, Colorado 81657 13-117-24 33 0046 Hillier Properties~Inc. 1551Can. ary Lane Mound, ~lN 55364' 14-117-24 44 0036 Mary R. Doffiff 2680 Pheasant Rd Excelsior, I1N 55331 14-117-24'44 0037- I'layzat. a' Bank & Trust Trus.teJ 417 E. Lake ·St. Wazata, ~N 55391 14-117-24 44 0038 Jack W. Eugster C/O George Eugster 5748 Lynwood ~lvd~ '~iound, ~!N 55364 14-117-24 44 0039 Koenig & Robin 2305 'Commerce Blvd. ~iound, ~!N 55364 14-117-24 44 0041 Goe. C. Shepherd Jr. 2218 Commerce Blvd. Mound, MN 55364 13-117-24 33 0063 W. R. Netka 2313 Commerce BlVdo ~iound, MN 55364 14-117-24 44 0042 Harold. P, Borg P.O. Box 5 Mound, MN 5~364 13-117-24 33 0047 'James W. Nolan 5200 Piper Rd Mound,. MN 55364 13-117-24 33 0049 Lansing'Properties 1794 Jones Lane Mound, MN 55364 1'3-117-24 33 0050 Mound Lodge 320 P.O. Box. 221 Hound,. MN 55364 13-117-24 33 O053..,~- Mound Lodge 320 P.O.. Box 221 Mound, MN 55364 13-117-24..33. 0054 Medical Properties Inco 2208 Commerce-Blvd, Mound., MNl55364 13-117-24 33 0058 Medical P~opeties Inc, 2208 Commerce Blvd. Mound, MN 55364 13-117-24' 33 0059 M,E. Mueller' 2216 .Commerce BlVdo Mound, MN 55364 13-117-24 33 0060 ~.E. Mueller 2216..Commerce Blvd. Mound, MN. 55364 13-117,24 33,0061 John R..Morrison 2218 Commerce Blvdo Mound, MN 55364· 13-117~24 33 0062 CENTRAL BUSINESS DISTRICT PARKING MAINTENANCE COSTS Rental of Burlington Northern Land for Parking Lots Special Assessment on Parking Lot behind Moy's 1981-82 Snow Plowing Cost Parking Lot Sweeping' Engineering Costs (1981) City Park Lot Leases Christmas Lights Laker (CBD Hearing Notice) Misc. Clean-Up Supplies SUB TOTAL MINUS 25% City Share of Snow Plowing. Cost SUB TOTAL MINUS Credit for Leases TOTAL ASSESSABLE $ 6,399.96 323.79 12,012.50 1,490.90 382.00 1,554.49 24.OO 22.49 70.94 $ 22,281.07 - 3,.O03.12 $ 19,277.95 - 1,554.49 $ 17,723.46 Costs carried over until 1983'include: 1. Summer Maintenance Assistant 2. Striping & Painting of Lots $1,000 (Est.) $2,O00 (Est.) CITY OF MOUND Mound, Minnesota, NOTICE OF HEARING ON. PROPOSED ASSESSMENT CBD PARKING MAINTENANCE - 198~ TO WHO~ IT MAY CONCERN September 13, 1982 NOTICE IS HEREBY GIVEN that the City Council w'ill meet at'7:30 o'clock p.m. on September 28, 1982.at the Mound City Hall, 5341Maywood Road to pass upon the proposed assessments. · The general nature of the improvements and the areas to be assessed are as follows: CENTRAL B.USINESS DISTRICT PARKING MAINTENANCE - 1982 - Area within the following boundaries proposed to be assessed:' ; Belmont 'Lane on the East North of Lynwood Boulevard to Tonkawood ·Road 700 feet West of Commerce Boulevard · 700 feet South of'Shoreline Boulevard Total Cost to be Assessed $19,277.95 . The proposed assessments foe the above are on file for public inspection at the City Office. Written or oral objections will be considered~at, the hearing. An owner may '" n appea.~l,~a assessment to district Court pursuant to Minnesota Statutes Section 429.08! by serving notice of the appeal upon the Mayor Or City Clerk with'i~'30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the w. ritten objection to the presiding officer at the heari.ng.. Francene C. Clark City Clerk Publish in The Laker September 13, 1982 PID #13-117-24 33 0045 Proposed Amount $418.54 Councilmember RESOLUTION NO. 82- RESOLUTION ADOPTING THE CENTRAL BUSINESS DISTRICT ASSESSMENT ROLL AT $17,723.46 TO BE CERTIFIED TO THE COUNTY-AND SPREAD OVER 1 YEAR AT ~ % ~HEREAS, · pursuant to;proper, notice duly given as required by. Law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvement, to-wit: "CBD Parking Maintenance from'June 1, 1981 to May 31, 1982. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF MOUND, MINNESOTA: i~ Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment agalnst the lands named therein, and each tract of land therein'included is hereby found to be'benefited by the.proposed improv~men~ in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment, to be payable on the.first'Monday of January, 1983. To the'installment shall be added .interest at the rate of ~ percent per annum fr°m the- date of the adOption of ~his assessment resolution until December. 31, 1983. 3.' The.owner of any.property, so assessed may, at any time. within 30.days, from the adoption °f this res°lution, pay the whole of the as.sessment against any parcel, and no interest shall be charged; and he may until. November 15, following the date of this resolution pay the whole of the assessment with interest accrued to December 31, of the year following the date of assessment. 4. The Clerk shall forthwlth..transmlt a certified.duplicate of' this assessment to the County Auditor to.be extended on the proper tax lists of the County, and such assessments shall be coollected and paid over in the same manner as.other municipal taxes. AUTOMATIC CO. DIV. OF BAVCO, INC. ""........~ NG PARK, MINN. 5539 ,/ SCREW MACHINE PRODUCTS September 28, 1982 MULTIPLE SPINDLE AUTOMATICS TO 2-1%" COMPLETE SECOND OPERATION FACILITIES · METAL SPECIALTIES Mayor of Mound and City Council Members Mound City I-]all Mound, MN. 55364 Re: Notice of hearing on Proposed Assessment, CBD Parking Maintenance 1982 Mr. Mayor, This letter is in objection to the proposed assessments of $970.76 (nine hundred seventy dollars and seventy six cents), against property identified by PID#13-117-24 33 0027. Unde~ section 23.30 subdivision lg. this property is required to provide pne parking space"..."for each five workers based on peak employment, in addition to the one loading space"..."completely enclosed within a building." Since peak employment is 25 workers only five spaces are required by your ordinance. As on site parking has been provided for as required and whereas occupants of this building do not use or have a need to use parking provided by the city, I do not feel it is just that we be forced to pay for establish- ing or maintaining any such municipal parking lot(s). It is instead the obligation of those property owners that have not met the cities off street parking requirements that must bear the cost of such muni- cipal parking. After all, it is these owners that have a use for, but have not provided parking for their customers and employees. Since they have not undergone the expense of providing land for their parking needs does not make it correct to distribute their economic burden to property owners such as my- self who have privately spent money to provide for the off street parking re- quired by your ordinance. Based on the above facts I am requesting that no assessment be made against this property for parking lot maintenance, it is the responsibility of ben- efiting property owners to bear this entire expense. Sincerely, Randy E. Bickmann REB/bn Councilmember September 27, 1982 RESOLUTION NO. 82- RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESSMENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE.COUNTY AUDITOR ~HEREAS, .the City CQuncil,.pursuant.to Minnesota Statutes Chapter 429, (Laws 1953, Chapter 398, as amended) has the power to levy supplemental assessments and the power to levy deferred.assessments, and. WHEREAS, th; following assessments were not initially levied in the projects as indlcated,-'but waivers of formality for supplemental and deferred assessments have been executed by the property owner and delivered to the City: NOW, .THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: 1. 'Pursuant to its authority under Chapter 429,. Minnesota Statutes the City Council does hereby determine that each of the parcels of land.hereinafter described have. benefited in an amount equal · to the amount set opposite each of the sai'd parcels by virtue of the project as.indicated and that they be, and'hereby are, assessed in the amount set opposite each such described parcel, and each such supplemental and deferred assessment shall be payable in equal annual.installments over such period of years'as shown: PID Levy No. Improvement Years Amount 24-117-24 12 0037 8664 Tree .Removal 5 $455.00 Such ins-tal"lments..~fiaii'be'":payable as followS: The'first of the "installments to .be payable on or before the first Monday in'January, '1983 and shall bear interest at the rate of 8% per. annum from the date of the adoption of this mssessment resolution. To the first' installment shall be added interest on the entire assessment fr°m the date of-this resolution until December 31, 1983. To each subsequent installment, when due, shall be added interest for one year on al! Unpaid'installments. :The owner of any property so assessed maY, at any time prior to certification of the assessment to the County Auditor, pay the whole of. the assessment.on such property, to the City Treasurer, except.that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at any time prior to November 15 of each year, pay to the County Treasurer, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the-County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Councilmember September 28, 1982 RESOLUTION NO. 82- 'RESOLUTION ADOPTING UNPAID WEEDCUTTING ASSESSMENT ROLL IN THE AMOUNT OF $1OO.OO TO BE CERTIFIED TO THE COUNTY AND SPREAD OVER 1 YEAR AT 8% INTEREST WHEREAS, the City Council, pursuant to Chapter 60 of the City Code and Minnesota Statutes, Section 429.101 has the power to levy assessments for weedcutting, and WH ER EAS, pursuant to proper notice duly given as required bylaw, the Council has met and heard and passed upon all objections to the proposed assessment for the removal of weeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: 1o Such proposed assessments as listed below, are hereby accepted and shall consitute the special assessment agains the lands named therein, and each tract'of land therein included is hereby found to be benefited by the removal of weeds in the amount of the assessment levied against it. PID 13-117-24 12 0032 AMOUNT LEVY # $ 1OO.O0 8660 The weed cutting assessment shall be payable in one annual installment, to be payable on the first Monday of January in 1983. To the installment shall be added interest at the rate of 8 per cent per annum from the date of the adoption Of this resolution until' December 31, 1983. The owner of any property so assessed may, at any time within 30 days from the adoption of this resolution, pay the whole of the assessment against any parcel, and no interest shall be charged; and may until November 15 following the date of this resolution pay the whole of the assessment with interest to December 31 of the year following the date of assessment. After November 15 following the date of the assessment, to the first installment shall be added interest on the entire assessment from the date of this resolution until December 31 of the year in which the first installment is payable. e The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. CITY OF MOUND. Mound, Minnesota NOTICE'OF HEARING ON PROPOSED.ASSESSMENT UNPAID TREE.REMOVAL CHARGES AND --UNPAID WEEDCUTTING CHARGES Propert'y. Identification TO WHOM.IT MAY CONCERN: NOTICE IS HEREBY GIVEN thai' the City Council of the City of Mound will meet at the City Hall, 5341Maywood Road~ Mound, Minnesota, at 7:30 P.M. on September.28, 1982, to hear, consider and pass on all written and Oral objec- tions,- if any, to the proposed assessment on the ~ollowing parcel,'of land Unpaid' Tree Removal Charges: .. # 24-117-24'12 0037 Hunter W. Lofgren $455.00 '. Unpald..Weedc~ting Charges Property Identification # 13-117-24.1~ 00321 Dennis Herkal- $100.00 An owner'may appeal.an assessment to Dist~i~t Court.pursuant to Min6e- sota Statutes 'Section 42~.081. by s'ervi.ng noti'ce of .the appeal· upon the Mayor or Clerk of the .City within 30 days-after'the adoption .of the assessment and filing such notic~ with the District C~urt within ten days after service. upon'the Mayor or Clerk.' No such appeal as to the amount.of.an assessment as to a specifi'c parcel of land may. be made unl'e~s the owner.ha~ either-filed a-signed Written objec- t'ion to that assessment with the City.Clerk pribr to.t~e hearing or has presented the written objection to the·presiding officer at the hearing. Fr~n~cene C. ~lark, City Clerk Publish in The Laker September 13,1982 Delinquen~ Water and Sewer 9-21-82 22 232 2370 81 22 235 220911 22 238 4898 31 22 238 4933'81 22 238 5020 31 22 238 5035 11 22 253 2051 01 22 259 5501 81. 22 259 5505 91 22 259 5628 91 22 259 6070 31 22 262 2997 51 22 268 5909 41' 22 271 2925 71 22 274 2901 21 42 343 2650 41 42 3'43 2631 41 42 259 4801 91 22 286 5971 61 22 289 3017 41 22 292 6033 21 22 310 3120 01 22'310 3136 61 22 315 6390 5t 22 316 2882 31 $ 56.98 57.58 51'.94 48.66 61.98 77.61 90.00 101.40 104.22 87.89 89.87 56,90 56.40 121.90 32.96 227,95 508.70 236.26 135.50 66.42 79.50 95.70 149.60 100.30 89.51 Curb box.,bent Delinquent Water and Sewer 9-21-82 22 232 2370 81 22 235 2209 11 22 238 4898 31 22 238 4933'81 22 238 5020 31 22 238 5035 11 22 253 2051 01 22 2~9 5501 81 22 259 5505 91 22 259 5628 91 22 259 6070 31 22 262 2997 51 Fay Cooper Robert Brose Terry Olson Richard Bies Elma Jensen Thomas Pauley Clifford Larson Gary Nelson Gary Nelson Erwin Beise Perry Ames David Wogsland 22 268 5909 41 Dick Janke 22 271 2925 71 West Sub. Prop. ~ 274 29~! 21 Gerald Reimann 42 343 2650 41 Surfside 42 343 2631 41 42 259 4801 91 22 286 5971 61 22 289 3017 41 22 292 6033 21 22 310 3120 01 22 310 3136 61 22 315 6390 51 22 316 2882 31 Steve Hesse· Water Care Darrell Nolden Steven Spencer Todd Warner Kenneth Paasch Shirley Woytcke Brent Thomton Ed Rowley ($47.89) ($124.60) $ 56.98 57.58 51.94 48.66 61.98 77.61 90.00 101.40 104.22 87.89 89.87 56,90 56.40 121.90 32.96 227.95 508.70 236.26 135.50 66.42 79.50 95.70 149.60 100.30 89.51 Signed contract 2209 Chateau Curb box bent ~ade arrangements 5020 Ed§ewater 5035 Edgewater Signed contract 5501 Bartlett 5505 Bartlett Paid $40.00 6070 Bartlett Signed contract 5909 Glenwood 2925 Holt Ln. 2901 ~leadow Ln. 2650 Commerce Blvd. 2631Signed~contract 4801 Bartlett Blvd. 5971 Hawthorne 3017 Longfellow 6033 Cherrywood 3120 Westedge Blvd. Paid $25.00 6390 Otter Rd. 2882 Halstead Ln. 22 321 3005 01 22 331 6000 71 Robert Matson 22 332 2611 31 Conrad Ptacek 22 346 5667 21 Robert Brown 22 361 2346 51 Clarence Ferris 22 373 5028 11 Robert Burke ~~-m~''"-- 209.93 76.24 148.44 94.80 $3467.36 3005 Bluffs Dr. Paid 2611 Granger Ln. 5667 Bush Rd. 2346 Cypress Paid 321 3005 01 22 331 6000 71 22 332 2611 31 22 346 5667 21 22 361 2346 51 22 373 5028 11 209.93 68.88 76.24 148.44 94.80 83.34 $3467.36 CITY OP MOUND Mound, Minnesota . NOTICE OF HEARING ON PROPOSED ASSESS)~ENT DELINQUENT WATER AND SEWER BILLS TO ~HOM IT MAY CONCERN: NOTICE IS HEREBY-GIVEN that, the City Council of the City of Mound will meet. at the City Ha11,5341Maywood Road,Mound, Minnesota, at 7:30 p.m. on SePtember 28,,1982,'to hear,consider and pass on all written and oral objections,if anyj to'the proposed'assessment.on the following parcels.of 'land for-: Unpaid Water and Sewer Bills; ¥~oPerty. Identifaction ~13-117-24-43L0060 ~14-117-24-14-0017 #19-117-23-34-0041 #22-i17-24-43-0007 #24-117-24'11-0012 ~24-117-2~-44-0081 #25-117-24-12-0118 Thomas McKennon $ 102.14 Paul Wolf 161 91 Matt Parlak 95.70 Waller Russell etal-Dick Thompson I;567.50 John Hoogesteger 66.40 !~)~-5~,- Paid 9-21-82 Michael Gray 98.00 Charles D. Askov - John.K. Hiller 124.00 An owner may appeal .an assessment to dis~ri, ct court pursuant to Minnesota Statutes~Section'429.081 byservi'ng notice'of the appeal.upon the Mayor or clerk of the City within 30 days 'after the adoption of the assessment and filing such notice With the district court within ten days after ser-.I vice'upon the Mayor or Clerk, 'No such appeal as to the. amount of an assessment as to a specific.parcel' of. land may be made unless' the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objections to the presiding officer at .the hear- ing. (publish in the Laker September 13,1982) Francene C. Clark City Clerk Councilmember September 28, 1982 RESOLUTION NO82- RESOLUTION ADOPTING THE DELINQUENT UTILITY ASSESSMENT ROLE IN THE AMOUNT OF~,~/~,,~'" TO BE CERTIFIED TO THE COUNTY AUDITOR AND SPREAD OVER 1 YEAR AT 8% WHEREAS, the following sewer and water service charges are unpaid and past due: PI.D # #13-117-24 43 0060 #14-117-24 14 OO17 #19-117-23 34 0041 #22-117-24 43 0007 #24-117-24 11 0012 #24-117-23 44 OO81 #25-117-24 12 Ol18 AMOUNT LEVY # $ 102.14 8656 161.91 8656 95.70 8656 1,567.50 8656 66.40 8656 98.00 8656 124.O0 8656 WHEREAS, Minnesota Statutes, Section 444.075 permits unpai'd service charges to be certified to the County Auditor for payment with the taxes. NO~I, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: 1. That the foregoing charges be herewith certified to the Hennepin County Auditor for collection with the 1982 taxes. 2. Charges shall bear interest at the rate of 8% per annum from the date of adoption of this resolution. Augus,t 19, 1982 CITY of 'MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER I would like to suggest either appointing someone new or tabling this appointment. The H.R.A. does nothing but oversee the 2020 Project. By State law, they have a much greater responsibili{y to oversee the undertaking of a down- town redevelopment program including Tax Increment Financing. My long range thoughts are that the H.R.A. should be reorganized and brought under closer contact/control with the City and the Council. One way to do that would be to get them to appoint the City Manager as the Executive Director of the H.R.A. and then have him appoint, say Mr. Richter as the Director of the 2020 Project. Along with that we need to broaden out the types of skills we have on the H.R.A.Board to reflect the future requirements the H.R.A. Board faces. This would be a golden opportunity to bring in some good solid business types into the H.R.A. It is'still important that Ed Richter have an Advisory Committee over seeing the 2020 Project, but at least half of it should come from the residents themselves. In a nut-shell, one of the reasons the downtown hasn't done much over the years, I think, is the H.R.A. It hasn't been agressive, it hasn't utilized all the various tools and programs that are available, but has just been a simple board overseeing 2020; unlike the Park and Planning Commissions which are constantly pushing and promoting improvements in Mound. JE:fc Housing and Redevelopment Authority of Mound 2020 COMMERCE BOULEVARD MOUND, MINNESOTA 55364 August 12~ 1982 .MEMORANDUM 'To; Mayor and Mound City Council 'From: Housing and Redevelopment Authority of Mound Subjectt Commissioner Helen Me Eugster Helen Mo Eugster's term* as a-member of the Board of Commissioners of the Housing and*Redevelopment AUthority of Mound expires August 29e 1982e Mrs. Eugster would like to be appointed for another term. ~-xecutive Director Councilmember RESOLUTION NO. 82- RESOLUTION September ~8, 1982 WHEREAS, ~Helen A. Eugster's term as Commissioner of the Mound Housing and Redevelopment Authority expired on August 29, 1982, and WHEREAS, Councilmember RESOLUTION NO. 82- RESOLUTION TO APPROVE THE INSTALLATION OF A STOP SIGN ON THE NORTHWEST CORNER OF THE INTERSECTION OF SHOREWOOD LANE AND QUAIL ROAD WHEREAS, there is a potentially hazardous traffic condition at the intersection of Shorewood Lane and Quail Road, and WHEREAS, the traffic hazard can potentially be abaited by the installation of a stop sign, and WHEREASi. the residents in the neighborhood request that a stop sign be installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: That a stop sign shall be erected on the Northwest corner of the intersection of Shorewood Lane and Quail Road in accordance with the "Uniform Traffic Control Devices Code". CITY of MOUND 5341 MAY'WOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 To: Jon Elam f~) I' From: Bruce Wold Subj: Stop sign at the intersection of Shorewood Ln. and Quail Rd. Jon: As you know, I have been investigating alternatives that a potemtially hazardous traffic situation could be relieved. The hazard exists because of a retaining wall that was built after the road construction was completed on the above intersection.. The retaining wall effectively blocks the vision of all drivers attempting to enter Shorewood Ln. from Quail Rd. I found it necessary to drive approximately ten feet into the intersection in order to see oncoming traffic from the north. I feel that the installation of a stop sign on the Northwest corner of this intersection will help abaft a potentially hazardous situation. This problem came to my attention.from Ms. Clara Merchant who re- sided at 1791 Shorewood Ln. She has contacted a number of the neigh- bors in this area, and they feel that the installation of a stop sign is appropriate. Please have-the council ~onsider the following resolution: Whereas there is a potentially hazardous traffi, c cOndition at the intersection of Shorewood Ln. and Quail Rd. and Whereas the traffic hazard can potentially be abaited by the instal- lation of a stop sign and Whereas the residents in the neighborhood request that a stop sign be installed Then be it resolved that a stop sign should be erected on the north- west corner of the intersection of Shorewood Ln. and Quail Rd. in accordance with the "Uniform Traffic Control Devices Code" PROJECT: 6SG4 C!TY OF MOUND MOUND BAY PARK IMPROVEMENTS BAY P~I~ IMPROUHENT~ PA~E ~ I TOT LOT 3 BEACH SAND · 4 TOPSOIL EA 1.0 TON 1, 35O. 0 C.Y 880.0 6 SEEDING ACR E.O 7 ~TER FO~TA~ .; EA D PAPER BI~H (3 CLUS~R) ~ 3.0 10 PAPER BIRCH ER ~.0 ii 5iL~R ~ . EA i6.0 *~ ~IO~ ~I~g ~0~ ~ 4.0 13 ~Y~L~ C~B EA 10.0 l~ ~RViCc~RRY E~ 9.0 ~ PAGODA DOG.OD EA 6.0 1G D~ AMUR MAPLE E~ 31.0 ENG. ESTIMATE MN ~LLEY LANDSCAPE 0.00 0.00 7323.00 7,3E3.00 0.00 0.00 5.E6 7,101.00 0.00 0.00 6.00 S,ESO. O0 0.00 0.00 800.00 1,600.00 0.00 0.00 10"/5.00 1,075.00 0.00 0.00 /25.00 375.00 0.00 0.00 100.00 BO0.O0 0.00 0.00 110.00 £,760.00 0.00. 0.00 L:90.O0 52.0.00 0.00 0.00 BS. O0 BSO.O0 0.00 0.00 i00.00 BO0. O0 0.00 0.00 100.00 600.00 0.00 0.00 1B. O0 558.00 0.00 0.00 ~0.00 460.00 DOC BLANCHARD ENI'P. IUll'U. 7500.00 7,500.00 9000; C4 D; 000;. O0 5.95 8, 0~-~.50 6.10 5,368.00 800.00 1,600.00 1150.00 I, LSO. O0 170.00 510.00 149,00 1,/9E.00 %.00 1BO.O0 7'20.00 101,00 1,010.00 i5~.00 i,431.00 149.00 B94.00 ~6.00 BO~.O0 ~5.00 57S.00 0.00 ~9,4~?.00 McCOMBS-KNUTSON ASSOCIATES, INC', CONSULTING ENGINEERS · LAND SURVEYORS · PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 September 27, 1982 Mr. Jon Elam City Manager City of Mound 5341Maywood Road Mound, MN 55364 Subject: Mound Bay Park File #6546 Dear Jon, We have checked references and past projects completed by both contractors, Perkins Landscape and Natural Green. From the information we have received it appears that either contractor could complete this project satisfactorily for the City. Perkins Landscape has also submitted a new bid bond which covers 10% of their bid proposal. If you need any additional information, please contact me. Sincerely, McCOMBS-KNUTSON ASSOCIATES, INC. Jo~hn Caro e ro~ JC:bb printed on recycled paper A. THOMAS WURST, P,A. CURTIS A. PEARSON, P.A. .JOSEPH E. HAMILTON, P.A. THOMAS F. UNDERWOOD, P.A, J,~MES D. [.ARSON. P.A. JOHN J. BOWDEN LAW OFFICES WURST, PEARSON, HAMILTON, LAR$ON ~: UNDERWOOD 1 1OO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 554.02 September 27, 1982 TELEPHONE (612) 338-4200 City Manager and City CounCil City of Mound, ~linnesota Re: Mound Bay Park Contract Gentlemen: John Cameron of McCombs-Knutson has forwarded to me copies of the specifications for Mound. Bay Park along with the.two low bids. On the advertisement for bids, the City states as follows: "Each bidder shall file With his bid an acceptable certified check or bidders bond in an amount of not less than 10% of the total amount of his bid. No bid may be withdrawn within 60 day-s after the bids are opened. The City of Mound reserves the right to reject any and all bids and to waive any informality or irregularity therein." On the first page of the instructions to bidders, it is clear that it is required that they provide a bid bond and that this will be forfeited as liquidated damages if the low bidder does not enter into the contract. Based on the foregoing facts, Mr. Elam and Mr. Cameron have asked if the City is required to take the second low bid. It is my opinion that the City can waive the mistake on the part of the bidder if a 10% bond is on file prior to the time the Council considers the bid. The City has the right to reject the low bid on the grounds that they did not meet the specifications, but I think they can waive that provision and accept the low bidder if he provides the extra bid bond. McQuillin's text on Municipal Corporations indicates that a guarantee that bidders will meet the requirements of their bids are valid requirements and states that "if not complied with, the bid may be rejected". The text goes on to indicate there are a substantial number of cases which have been tried on this particular issue, and I believe that the City can go either way on this bid Page 2 city Manager and City Council September 27, 1982 award. I have also reviewed b~nnes.~ta cases and find none directly in point, but I conferred with the Assistant Attorney General in charge of municipal matters, and he stated that he also thought that the option rests with the City Council. If I can be of further assistance on this matter, please advise. CAP: Ih cc: Mr John Camreon Curtis A. Pearson City Attorney Counci]member WHEREAS, WHEREAS, WHEREAS, September 28, 1982 RESOLUTION NO. 82- RESOLUTION TO APPROVE A BID FOR MOUND BAY PARK IMPROVEMENTS pursuant to advertising for bids for certain improvements to Mound Bay Park, and bids were opened publicly at 2:00 P.M. on September 21, 1982, and the following bids were received: 1. Perkins Landscape 5% Bid Bond 2. Natural Green, Inc. 10% Bid Bond 3. MN. Valley Landscape 10% Bid Bond 4. Doc Blanchard Entp; 10% Bid Bond 5. Noble Nursery, Inc. 10% Bid Bond $37,648.00 38,820.00 39,487.OO 39,834.50 40,'O00.00 CounciImember RESOLUTION NO. 82- September 28, 1982 RESOLUTION SETTING OCTOBER 12, 1982, FOR THE UNPAID TREE REMOVAL SPECIAL ASSESSMENT HEARING 'BE IT RESOLVED, BY THE CITY COUNCIL OF MOUND MINNESOTA: That the Council does hereby direct that a public hearing be held on October 12, 1982, at 7:30 P.M. on Unpaid Tree Removal Charges; said notice of hearing to be published in the official newspaper; The Laker, at least two weeks prior to the hearing and mailed notice also be sent to the owner of each parcel listed as having unpaid tree removal charges° This is done in accordance with Section 61.50 of the City Code and Minnesota Statute 429.10]. ~ound~ ~inneso~a NOTICE OF HEARING ON PROPOSED ASSESSMENT UNPAID TREE REMOVAL CHARGES TO WHOM IT MAY CONCER-N: NOTICE IS HEREBY GIVEN That the City Council of the City of Mound will meet at the City Hall, 5341Maywood Road, Mound, Minnesota, at 7:30 P.M. on October 12, 1982, to hear, consider and pass on all written and oral objections, if any, to the proposed assessment on the following parcels of land for:. Unpaid Tree Removal Charges Property Identification #24-117-24 23 0019 $1,500.O'O An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objec- tion to that assessment with the City Clerk prior to the hearing or has presented the written objection'to the presiding officer at the hearing. Francene C. Clark, City Clerk Publish in The Laker~ September 28, 1982 C[I'Y of MOUND September. 16, 1982 ~341 MAYWOOD ROAD MOUND, M'INNESOTA'55364 (612) 472-1155 Mr. Curt Pearson 11OO First Bank Place West Minneapolis, MN. 55402 Dear'Curt, Do you see anything wrong with letting someone lease some of our tax forfeit lots for use as a garden.site? I would propose to lease these the same way we lease the area by the water tower for a garden site at $1.OO per year.: The benefit to the City is that these people will help keep the lots clean, prevent neighbors from · using'them as a dumping ground and putting in a garden would help keep the weeds"down. Any problems? Sincerely, Jon Elam City Mana'ger· JE:fc September ~8, 1982 Councilmember RESOLUTION NO. 82- RESOLUTION TO APPROVE LEASING LOTS 1,2,3 & 22, BLOCK 5, DREAMWOOD TO MR. & MRS. LEO WALLIS WHEREAS, Mr. & Mrs. Leo Wallis have asked if they can lease City land described a's Lots 1,2,3 and 22, Block 5, Dreamwood, in order to clean them up and improve the appearance of the area, and WHEREAS, after the lots are cleaned up, they might want to place a small garden-on the area, and -WHEREAS, the City Attorney has. advised that he sees no problem with leasing'the land as long as it is not used as a commercial garden plot, and WHEREAS, the City Manager is recommending that we lease this property in the same manner as we do the property by Well #3 and charge $1.00 per year. September 28,.1982 Councilmember RESOLUTION NO. 82- RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR INSTALLATION OF SKYLIGHTS AT MOUND CITY HALL, TO BE OPENED AT 1:00 P.M. ON .OCTOBER 12, 1982 WHEREAS, WHEREAS, the present roof of the City Hall at 5341Maywood Road leaks an'd must be repaired, and the reason for the leaking is the skylights were improperly installed and before Sander and Co. will repair the roof under warranty they would like the skylight problem resolved, and WHEREAS, at this time it would be appropriate to install new smaller commercially built skylights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND', MINNESOTA: To authorize advertising for bids for the installation of skylights with specifications available at City Hall. Bids to open at 1:00 P.M. on October 12, 1982. £? Sept To: The City of Mound From; i~chael F Smith I would like to purchase the Anderson building. My plan would be to utilize the back half of the building for storag~ and shop area for my business. (Smith Heating and Air Conditioning Inc.) The front half which is on commerce Blvd, would be remodeled to provide space for at least 2 retail outlets. To purchase the building I would like to put 5,000.00 down with a contract for the ballance. The contract would be for interest at 10% plus 100.00/mo. toward the principal for 5 years. At the end of 5 years a balloon payment would be made for the ballance due° P. Oo B°x 465 Mound, Mn. 55364 Nm. pho 476-0905 Wk. pho 472-1920 BILLS ..... SEPTEMBER 28, 1982 Acro Minnesota AIbinson Earl F. Andersen Aero Asphalt Gayle Burns Holly Bostrom Janet Bertrand Baldwin Supply Chap~n Publlsh~ng Joan Conkey Commissioner of Revenue Crowley Fence Dept of Motor Vehicles. Flexible Pipe Tool Nick Gronberg Dennis Gronberg Kromer Co. Lathrop Paint Supply' Doris Lepsch Mtka Painting & Decor. Mound Super Valu Northrup King Office Products of MN Pitney Bowes Credit MN Coroners &'Med MN Academy Prosec Mound Postmaster MWCC Conference DelorJs Schwalbe Swenson Nursery Thurk Bros. Chev Western Tree. Service Water Products Mtka Portable Dredging Xerox Corp Chemlawn Exam 'Assn & Law Enf 30.16 22.50 283.80 9,526.21 19.87 138.00 30.20 346.14 30.78 600.00 3,230.46 875.00 17.25 495.00 2,667.46 1,125.00 8.65 806.72 15.0o 1,865.00 9.84 3i0.98 4O5.OO 26.00 6o~oo 35.oo lO5.OO 15.o0 56.00 67.75 20,859.00 990.00 222.48 1,SO0.O0 82.72 1~664.00 TOTAL BILLS 48,541.97 Tom La~son of the Minnesota Valley Wild- other plants needed, by birds and animals life Refuge said ioosestrife can be found in tha.t use the pond area.- -: "any marsh,-in the-Twin Citie~ area, and' ' in some mi~rshes has completely'taken · .Omdahrs story could be that of the'sci, : over.- That's .'.'the ultimate fate of most ence~fictional farmer at the start of this ar- marshes it's_ in." unless Ioos~.stri-fe is- ticle, except that Omdahl hasn't tried to ,. somehow controlled, Larson said.; ~. ---'. - ::'eradicate the Ioosestrife. The main prob- ~. .... "' ~'-' ~;--~~' --.'~--.J..-~:.~.:- ::':. lem is what to do. Nothing has met .total Loose~tHf~'h~ e'n'ter~l'only th~ n0dhem success in other places, and the efforts part of the refuge, he said, but unless it is. that have met with some success are gert-- ._ -checked the marsh areas could become a ' _er. ally too costly or impractical. _ . ~ "monocultum." without the diversitY need-- .:-- '-- ~ ~: '-~ .... ;.~-_ . One farme_r-~d~o has learned a Iot'about; herbicides aIso kill other vegetation. Sim- Ioosestife is Eldor Omdahl, who grows: ply pulling up' the plants'works only_when 'j grain on. his farm. isoutheast of' Warren, _ ~they are young and not n. umerous'; as.their' -. Minn. The'purple loose, strife .was planted roots grow they become vidually impossi- ;.to beautify a pc)nd'on.his farm aboUt 18~,.-ble to pull, and with large amounts that ~..years ago, It didn't expand much unb3 a !.~: idea may be impra~ical anyhow.'. '.i:,~;'~ .~ over!he place, O~dahl said.~:~-;:-. - ,~ .~: Burning doesnt kdl the plants effecbvely,. ~Omdahl rear, zed th~ extent.of the problem.~. -: not. only do. they grow back, .but a new.~ ~ after he decided.to give 640 ~res ir~_ ud-~;~ Plant. ~will;gr0w:from' each fragment~;-Using'. [ lng the pond ~nd ~ icanals.tO the Auduboq ~!.'.'~eavy · machi~nery'-, in: .mar. shes~ probably ~ Society;Audubon-~nd bthe~ .wildlife offi-; v_ does mOre harm' than good. Planting com- ~.cials saw all .~t~at Ib~strife am:l pe[.ceived ~-peting vegetation has had so. me sacces~, ~.that'it 'was e~.~ering..t,.h~e~,xist~,.~e~ce.~ .. of ~ but .that_idea has limited application:~..' Introducing the E6r°pean'ir~ects thai ar&-:': . natural enemies of the plant and have com. : __.troll~:l Ioosestrife in EurOPe may be the ''~ 'best solution,. But this must be ap- pr0ached ~arefully .lest the insects be-:_: · come 'a greater problem thari the Ioose~._ -. strife. Studiesof such biological controls Loosestrff~ is no{- Coasid~e~ ali bad. !-I~:~:. eybees seem to Io~/e it,' and it has. a long .~- bkx)ming .p~od:.ThompSon: reports 'that: one Midwestern'agrioulture supplier offei, s ~-._ But, ~ sak~, alti~ugh.effarts to'"nat~ir~''' ize" Ioosestrife for I'~ney production could .... - 'aocount for some of its a~oread, beekepera -~ "have:not been-wholly-irresponsible"in : use of ioosest~e, One lis of bcckeep~s'_ criteria for. prospective: honey plants,--- :Thompson noted, is that they not. be po- · lentially offensive weeds: .... . .'": - Purple Ioosestrife also is sold as an oma. mental plant and makes for attractive dis- plays, and that also seems to have cor~ tributed to its spread, although Thompson said it is not a significant part of nursery Loosestrif; als;3 was once highly recom- mended as a herbal medicine for diarrhea, dysentery, leukorrhea0 blood-spitting, wounds, ulcers and sores, but apparently not in modem times. '- Pur~e kx~estrife ~ found :mosW i~ the.~.~-~ eastern United St~tesL. It ~y ~ve ~' ~ inih t~ ~d a~ grav~ d~ up in Eur~ f~- :- ~i~' ~ast a~ ~t~ ~ by ,.~ ~i~ ~ ~~ ~st. L~e-:~'~ :.:: ~re ~ ~ to ~e~ ~ ~ . E~... .~s, ~ f~.~e to lO.y~m; ~' ~e ~ ~ ~rds; ~i~ls,~wat~, ~ ~ot~~..' ,' :"~:~- "'-'-" /';: ~ "~ : - E~n Way Tea~, ~ in-A~u~ ~,.t~ of st~i~ in a ~ of ~'~ ov~ ~ ~d, ~ a stream at ~d,- ~. E was esfimat~ ~t.~ 1978~ - Yo~ ~d 1~,~ ~fest~ a=es of ~t- ~ ~at, ~i~ m~-~l~' ~- - chu~ ~d ~,~ a~es. "' ~ ~t~e ~s'made Es way ~st, a~ ~ ~e am ~W gro~ in M~. E~t~ ~e inf~tat~ in Min~ta in 1978. ~ ~~. wes ~.~ a=~ of ~t~s. (Inf~ta- ~ wes ~r~ es ~ture ~s ~ta~ li~ in ~ ~re mi~ of wefl~s drainS.) ~e estimate f~ ~~- was ~ 20,~ a~. Gro~ in Min~ta ~s ~ rea~ ~nt, ~~ ~, t~t "Miyata in a ~ sta~ in Es s~le ~ ~ stye." ~ ~trd may ~ ~ u~ mate a~w~, ~ u~il. ~t ~ f~a~, ~ ~1 t~t ~n ~ d~ ~ to ~y ~ eff~ to ~k~ ~ ~e's ~d. September 16, 1982 CITY of ORONO Post Office Box 66. Crystal Bay, Minnesota 55323. Municipal Offices On the North Shore of Lake Minnetonka Lake Minnetonka Conservation District 400 East Lake Street Wayzata, Minnesota 55391 Attention: Mr. Frank Mixa Dear Frank, The City of Orono Council and Staff have reviewed in detail the L.M.C.D.'s position concerning enforcement of its ordinances by either prosecution or injunction as outlined by your attorney Mr. Charles L. LeFever in his letter dated August 2, 1982. The City of Orono is supportive of the L.M.C.D.'s policies and procedures and its continuing cooperation and support of the individual member city's ordinances while enforcing its own marina and dock regulations. The City has taken steps to consolidate its own court appearances and arraignments to prevent needless duplication with court scheduling, and it is in all of our interest to extend these efforts to the L.M.C.D. and other agencies to allow all of us full input into matters of mutual concern. The City Council in its official capacity has in the past, and will continue to support the L.M.C.D.'s position to prosecute violations of the L.M.C.D. code and ordinances enabling the district and cities to regulate through programs, policies, and ordinances, a plan allowing the general public use of Lake Minnetonka while preserving the lakes ability to enhance the natural environmental values of the entire watershed and area contiguous to it. Please feel free to contact us through our representative if we can be of further assistance to you concerning this matter. ~ enson C~~~~a tor WRB/msw CC: LMCD Directors Ail Member cities Bob Brown, Robert Gen Olson, Mayor Minnetrista George Pillsbury BUILDIN(; & ZONING- 473-7357 · ADMINISTRATION & FINANCE - 473-7358 · ~qO ^ss~:ss,~; Clayton L. LeFevere Orono Council Bruce Malkerson, City Attorney Searles PUBLIC WORKS - 473-7359 l.AW OFfiCES CLAYTON L. LEF,EVER£ HERBERT P. LEF'LER eJ. DENNIS O'BRIEN JOHN ~, DEAN GLENN [. PURDU~ RICHARD J. SCHIEFFER H~RB[RT P. LEFLCR ~ HARY J. BJORKLUND JOHN G. ~RESSEL C I N DY L. LAVO~ATO HICHA[L A. NA$H LUK; R. KOMAR[~ JOAN N. [RICKSEN ELIZABETH D. MORAN LE:FEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ A PROF£$$1ONAL AS$OCIATIC)N ~000 F'IRST BANK PLACE WEST HINNEAPOLIS~ MINNESOTA 5540~ TELEPHONE (~lZ) 333-0543 August 2, 1982 Mr. Walter R. Benson Clerk-Administrator City of Orono Box 66 Crystal Bay, MN 55323 Dea~ Mayors, City Attorneys, 'and Administrative Offices: I have been requested by the Chairman of the Board of the Lake Minnetonka Conservation District to draft a letter to all cities who appoint members to the Lake Minnetonka Conservation District (LMCD) describing the policies and procedures on pros- ecution of violations of the LMCD Code of Ordinances. The LMCD is.a public corporation and a political subdivision of the state which was created pursuant to Laws 1967, Chapter 907 as amended by Laws 1969, Chapter 272. It has the power to enact regulations which have'the force and effect of ordinances and to enforce its regulations by injunction or by prosecution as mis- demeanors. In most cases, we have found that it is most efficient and in the best interest of the cities, the LMCD, and the public for violation of the LMCD Code to be prosecuted by the prosecutors of the municipalities bordering on the lake. However, in-some cases we have determined that it is more appropriate that violations be prosecuted by the LMCD attorney. The following explanation may be helpful in understanding why the LMCD has chosen to prosecute in certain cases. Most misdemeanors occurring on the lake relate to boating activities. These violations, which are usually enforced by the county sheriff, involve such things as equipment violations, moving violations of boats, violations relating to the use of snowmobiles, fishhouses, and the like. These matters are well suited for prosecution by the city prosecutor for a number of reasons including the following: 1. The prosecutor is present at the courthouse as part of his normal duties. Therefore, the cost to the public of prose- cuting these violations is reduced. Page 2 LAW OFFICES L£FEVERE, LEFLER. KENNEDY, O'BRIEN & DRAWZ 2. Prosecution of these violations does not require an understanding of the more complex provisions of the LMCD Code. In fact, such violations often constitute violations of state law as well. 3. Ordinarily any challenges to the ordinances or consti- tutional challenges are those with which prosecutors have become very familiar in the course of their other misdemeanor prosecu- tions. 4. These violations are'usually one-time violations. In the event prosecution is unsuccessful, they will not lead to a failure to stop a continuing violation. 5.. It is unlikely that an unfavorable result will set a precedent which will have a lake-wide impact in the future. There are cases, however, which the LMCD has determined are best prosecuted by the LMCD. These cases-are usually commenced by issuance of a ticket by the LMCD dock inspector. The viola- tions have to do with the operation of marinas, or the construction or maintenance of docks on the lake....~ The reasons for a decision to prosecute these violations in the name of the LMCD include the following: 1. The LMCD has the authority to enforce its ordinances by injunction. Often if the violation is a continuing, violation or involves complex legal issues which are of sufficient importance to justify seeking a determination in District Court, the LMCD may choose to seek an injunction rather than to prosecute the violation as a misdemeanor. 2. A challenge to the ordinance or constitutional challenge resulting in the invalidation of an ordinance can have an impact, not only in that municipality, but over the entire lake. 3. In the event of a continuing violation, an unsuccessful prosecution could result in an inability to bring about the dis- continuance of the violation. 4. Settlement of these cases is not always a matter of simple plea bargaining. It may involve additional licensing consideration by the Board of Directors resulting in reduced or altered configurations of docks. 5. The provisions of the LMCD Code dealing with marinas and dock violations are, in many respects, similar to city zoning codes. These ordinances have been adopted over a number of years LAW 0 F'F'IC £$ L£FEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ page 3 and, in the process, have become fairly complex. Therefore, pro,ecu%ion of ~h~e viola%ion~ can involve a ~u~%an~ial Droce~ of education for a prosecutor who is not familiar with these aspects of the code-. As a general rule, the procedures followed in the case of the typical violation ticketed by the county sheriff is handled in the same manner as other prosecutions in the city; and in nearly all cases, the LMCD has'no knowledge of the prosecution or the outcome. This procedure has apparently been very satis- factory in the past and we do not propose any changes. Other violations which are commenced by the LMCD dock inspector are brought by the LMCD in the name of the LMCD by the.LMCD prosecutor. Although we may not always have done so in the past, we will attempt in all of these cases in the future to give the local prosecutor advance notice of such prosecutions which are being handled by the LMCD. In the past, the number of violations prosecuted by the LMCD Over the entire lake has been no m6r~'than approximately 6 cases a year and many years there have been no such prosecutions. A decision to prosecute a misdemeanor violation in the name of the LMCD is made by the. LMCD attorney and the Executive Director of the LMCD. ~If, upon receiving notice of a pending prosecution, the city, for any reason, wishes to have the matter handled by its local prosecutor, please contact me or the Exec- utive Director as soon as possible. It may be that the District will nevertheless decide to prosecute the case in the name of the District. But any such request will be submitted to the Board of Directors and given careful consideration. Over the years the relationship between the cities bordering on Lake Minnetonka and the LMCD in this regard has been an excel- lent one in nearly all cases. We are hopeful that the spirit of mutual respect and cooperation that has prevailed over the years will continue. If you have any questions on this matter, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:kb LAKE MINNETONKA CONSERVA'I ION DISTRICT AGENDA Regular Meeting, 8 p.m., Wednesday, September 22, 1982 TONKA BAY VILLAGE HALL 4901 Manitou Road (County Road 19)~ Tonka Bay 2. 3. 4. Call to Order Roll Call Minutes: August 25, 1982 Treasurer's Report A. Monthly Financial Report B.. Bills Committee Reports A. LAKE USE COMMITTEE (1) Committee Report (a) Sp. Event Permit: Stonewings Boat Show (b) 1982 Buoy Program (c) North ArmNeck Slow Buoy (d) Locke Point Buoy (e) Black Lake Slow Buoy Placement (f) Wayzata Causeway Slow Buoy (g) 1983 Slow Buoy Recommendations (h) Towing Amendment ~ (i) Shore Lighting (j) Water Patrol Report (k) Other (2) Action Item: Sp. Event Permit- Stonewings (3) Other WATER STRUCTURES & ENVIRONMENT COMMITTEE (1) Committee Report (a) PH Report: Bruce Frederick (b) " Lord Fletcher Apts. (c) September Public Hearings (d) 1982 Dock Licenses Status (e) 1983 Dock License Applications (f) Code Violations Status (g) Residential vs 4 Boats (h) Environment: Geese Population (i) Spring Park RentatOrdinance (j) Other (2) Action Items (3) Other Code Amendments A. Special Event Permit Fees (third reading) B. Towing in QWAreas (second reading) Other Business A. Task Force Report B. Report of Nominating Committee C. Election of Officers D. Other 8. Adjournment 9-17-82 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL August 25, 1982 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Brown at 8:05 p.m. on Wednesday, August 25, 1982 at the Tonka Bay Village Hall. Members'present: Jerry Johnson (Excelsior), Robert Brown (Greenwood), Robert Pillsbury (Minnetonka), Jo Ellen Hurr (Orono), Robert Rascop (Shorewood), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), and Robert Slocum (Woodland). Communities represented: Eight (8)° Hunt Moved, Johnson Seconded that the minutes of the June 23, 1982 meeting be approved. Motion, Ayes (8), Nays (0). Hurr Moved, Johnson Seconded that the Treasurer's Report be approved and the bills, including refund of a levy overpayment, be paid° Motion, Ayes (8), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed Special Event Permit applications for MORC Station 40 and for Ski Hut, and recom- mended approval. The committee reviewed a letter regarding inadequate night lighting of sailboats and lack of proper display of boating regis- trations, and recommended that a letter be directed for posting to the clubs and marinas. The committee reviewed another letter which recommended Use Permits; after noting that all such previous proposals have met with resistance from the DNR in the legislature due to free fish stocking of the Lake, the committee'recommended~that the letter be forwarded to the Task Force. The committee reviewed the Area 4 Cedar Point channel buoy matter and recommended that the near buoybe moved out into the Lake an additional 50 feet to approximately 150 feet. After discussion of the change of the North Arm Neck buoys from.Quiet Waters buoys to channel markers, the com- mittee requested a further review. The committee also requested the Water Patrol to follow up on the missing buoys (WaYZata Bay Slow buoy as'well as the point buoy off Locke Point), and to follow up on the alignment and effectiveness of the Slow buoys in Black Lake. The committee reviewed the towing amendment which the Board returned at the last meeting; it was noted that the modification would have the effect of preventing any recreational towing in currently restricted QW areas, and the committee recommended that amendment for'first reading. The question of LMCD's approving a dredging permit on-North Arm was reviewed; the District does not ordinarily object to maintenance dredging permits, and makes recommendations to the DNR when requested. · The Water Patrol reported to the committee that activity was down the first half of this year, primarily due to the heavy snow and to the late spring opening; with the addition of Bill Chandler as deputy, the Water Patrol now has three full time deputies, which include Doug Norberg and Acting Sergeant Dave Rasmussen. Rasmussen noted that on busy Saturdays and Sundays ten patrol boats could be used on the Lake. CALL TO ORDER ATTENDANCE MINUTES TREASURER'S REPORT USE PERMITS REQUEST BUOYS: NORTH ARM NECK, MISSING, & BLACK LAKE DREDGING POLICY W.Po REPORT LMCD Board Minutes August 25, 1982 Page 2 Hurt Moved, Rascop Seconded that the committee report be accepted. Motion, Ayes (8), Nays (0). Johnson Moved, Rascop Seconded that the MORC Station 40 Special Event Permit application be approved. Motion, Ayes (8), Nays (0) o SP EVENT: MORC & Hurt Moved, Johnson Seconded that the Ski Hut Special Event Permit appli- cation be approved. Motion, Ayes (8), Nays (0). SKI HUT' Pillsbury Moved, Bauman Seconded that a letter be directed to marina operators BOAT LIGHT~ and clubs encouraging them to advise their.patrons and members of required REGISTRATI£ night lighting on bo~ts, and the required display of boating registration. Motion, Ayes (8), Nays (0). No action was taken on the Berg letter proposing access permits by lottery. Bauman Moved, Johnson Seconded that the Cedar Point'(Area 4) near channel buoy be moved from 100 feet to 150 feet into the Lake on a temporary basis for the remainder, of this season and for next summer, and that the matter be reviewed at the end of next season. Motion, Ayes (8), Nays (0). CEDAR POINt BUOY WATER STRUCTURES & ENVIRONMENT COMMITTEE: Rascop reported that public hearing reports were reviewed for Frederick,'Park Hill II, Greenhouse Eatery, City of Greenwood, and Lord Fletcher Apartments; recommendations were made for Frederick to deny because of the use of dockage by non residents, and that the city be contacted relative to any agreement for number of boats; for Greenwood to approve; and for Lord Fletcher Apartments to deny because of the WAU rental question. Variance orders were reviewed for Windward, Wayzata Yacht Club, and Driftwood Shores Association; Wayzata Yacht Club and Driftwood. Shores orders were forwarded to:the Board. Future public hearings were reviewed as well as the statuS'of 1982 dock licenses, vioYations, and several dock rental questions. After further discussion on the residential dock rental matter, the committee continued the matter to consider reducing the number o.f allowable boats'from 4 to 3 and/or to provide for some limitation of horsepower. 4 BOATS CONSIDERED The committee reviewed the proposed modification to the Watershed District's operating plan for Grays Bay dam, and recommended that a letter be sent to MCWD recommending that Item 6 of Section II - Management Goals (to imProve or maintain conditiQns on the lake and the creek, at a given lake level elevation, over those which existed prior to construction of the control structure) be advanced and. incorporated into'Section I - Management PoliCy,' and that the management goals be prioritized with Item6, above, being, the number one priority. Hurt Moved, Johnson Seconded that the committee report be accepted. Motion, Ayes (8), Nays (0). Hunt Moved, Pillsbury Seconded that the Frederick application for transfer of the Cady license and for an increase from 5 to 6 WAUs - no Special Density permit being required inasmuch as the application meets the 1/50 rule - be ~ tabled to study the owner-but-not-resident matter. Motion, Ayes (4), Nays (4), Bauman, Johnson, Rascop and Slocum voting Nay. Motion failed. LMCD Board Minutes August 25, 1982 Page 3 Slocum Moved, Rascop Seconded that the Frederick application for transfer of the Cady license and for an increase from 5 to 6 WAUs be approved. Motion, Ayes (4), Nays (4), Hunt, Hurr, Johnson and Pillsbury voting Nay. Motion failed. Bauman Moved, Johnson Seconded that the Frederick application for transfer of the Cady license and for an increase from 5 to 6 WAUs be denied. Motion Ayes (4), Nays (4), Bauman, Brown, Rascop and Slocum voting Nay. Motion failed - returned to committee. Hurt Moved, Johnson Seconded that the amendment application to the City of Greenwood dock license be approved. Motion, Ayes (8), Nays (0). Rascop Moved, Johnson-Seconded that the Special Density Permit, DMA~ and license amendment applications for Lord Fletcher Apartments be laid over a month to clarify the WAU rental matter. Motion, Ayes (8), Nays (0). Bauman Moved, Johnson Seconded that'the variance Order for the Wayzata Yacht Club be ordered. Motion, Ayes (8), Nays (0). Johnson Moved, Bauman Seconded'that the variance Order for Driftwood Shores Association be ordered. Motion, Ayes (8), Nays (0). Hurr Moved, Rascop Seconded in order to reinforce'the LMCD position re- garding the proposed modification to the Watershed's operating plan for Grays Bay dam, that it be communicated to the MCWD to stress that the Lake level is the number one priority of the control structure, and to recommend adherence to specific levels of the Lake.as expressed in LMCD Resolution No. 27 of January 25, 1978. Motion, Ayes (8), Nays (0). CODE AMENDMENTS:. Johnson Moved, Pillsbury.Seconded'that the second reading of the proposed Code amendment regarding Special Event Permit application fees be accepted. Motion, Ayes (8), Nays (0). The first reading was given of the proposed Code amendment which was intended to bring water skiingrestrictions into compliance with other sections of the Code, but which would prevent any recreational towing in currently restricted QW areas. SlocumMoved, Bauman Seconded that an amendment be drafted deleting this section from the Code. Motion, Ayes (5), Nays (3), Hurr, Pillsbury and Rascop voting Nay .... OTHER BUSINESS: Brown Moved, Pillsbury Seconded that the Executive Director's 1983 salary be'increased 5.8% to $32,760, and that the · Secretary/Clerk's I983 salary be increased 7.8% to $6.85/hr. Motion, Ayes (7), Nays (0), Abstains (1), Hunt abstaining. Brown reported that the Governor's Task Force to study Lake access has FREDERICK DOCK LICENSE GREENWOOD AMENDMENT LORD FLET( APTS. AMENDMENT VARIANCE ORDERS: W.Y.C. & DRIFTWOOD SHORES DAM OPERATING PLAN CODE AMENDMENTS: FEES FOR SP EVENTS TOWING IN Q.w. SALARIES LMCD Board Minutes August 25, 1982 Page 4 been directing its initial efforts to orient non-Lake-user members by touring on the land and on the Lake. Their October meeting is expected to be held at the ~MCD office. Excelsior and Tonka Bay letters relative to LMCD prosecution of ordinance violations were forwarded to the attorney for appropriate response under LMCD policy. ADJOURNMENT: Pillsbury Moved, Hunt Seconded at 10:10 p.m. that the meeting be adjourned. Motion, Ayes (8), Nays (0). TASK FORCE PROSECUTIOI Submitted by: Robert P. Rascop, Secretary Approved by: Robert Tipton Brown, Chairman McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ! LAND SURVEYORS :~ PLANNERS September 17, 1982 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Tim Alber Hardrives, Inc. 7200 Hemlock Lane No. Maple Grove, MN 55369 Subject: Mound, Minnesota 1981 Street Project File #5387 & #5388 Dear Tim: We are writing this letter to express our disappointment at your unwillingness to complete the 1981M6und. Street Project. Several meetings have been arranged, many phone calls have been made, promises have been given, but still you have not done anything to finish the work. On 3uly 2 this year, we had a meeting set up, at your convenience, to dis- cuSs and schedule completion of the 1981 Street Project. You did not make it to the meeting and in a call to your office a few days later, we set up another meeting for 3uly 9. On July 9, we did meet ano showed you the portions of the project which were not satisfactory. .You told us they would be corrected almost immediately. 5omc pathching was done relatively soon thereafter, but the overlays, curb replacement, removal of stockpiles, tree replacement, and seal- coating still remains to'be done. The areas to be overlayed were marked up on August 3 and nothing has been done to those areas as of this date. Also, sealcoating has to be done when weather permits and it is getting late in the year for this. On Monday, August 30, in a phone conversation, you made a promise of THIS WEEK for the completion of your work. We remind you that your year of warranty begins on the day the project has been officially accepted as completed. At this time, this project is not acceptable. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. William H. McCombs, P.E. WHM: bb cc: 3on Elam/ Curt Pearson 5101' parkdale drive~'~ st. louis park, minnesotaI' 554161 telephone 546-2334 . September 20, 1982 ~r. Jon Elam, Mahager City of Mound 5341 MaYwood Road Mound, MN 55364 Dear Mr. Elam: Phis is to keep you apprised of progress toward 'the impending merger )f Suburban Public Health Nursing Service, Inc. and the Visiting ~urse Service. ~e have retained legal counsel to advise regarding the individual ~orporations' and the merged corporation's rights and responsibilities. ~e have developed a table of organization for phase implementation over a period of three years) for clinical services which holds pro- ise for maximizing direct service time. ?rom among many suggestions for a name for the new organization, we ~avored Metropolitan Visiting Nurse Association. This seems to pro- ;ide for possible new markets in an expanded geographic area and )rings us into the fold of historically recognized and effective %ursing associations, i.e. VNAs. ~e have signed an Agreement of Intent to merge and from here on in, ~ill be meeting jointly with the VNS Board of Directors. At such time ~s the decision to merge is finalized and implementation initiated, ~our SPHNS Board of Directors will continue its full membership as ~embers of the Board of the new agency. There is general agreement :hat a member of the current SPHNS Board of Directors will serve as :he first president of the new Metropolitan Visiting Nurse Service Board of Directors. ~e will report again as progress indicates. May we ask you to share this information with the Mayor and members of your city council. Phank you. Sincerely, Josephine Nunn, President SPHNS Board of DireCtors supported by tax funds from municipalities of suburban henne~in county & the united way THOMAE WURST. P.A. CURTIS A. PEARSON. P.A. JOSEPH E. HAMILTON, P.A. THOMAS F. UNDERWOOD. P.A. JAMES D. LARSON. P.A. JOHN J. BOWDEN LAW OFFICE5 WURST, PEARSON. HAMILTON, LARSON ~: UNDERWOOD A I~AI~TNERSHIP INCLUDIN,~ PSOFESSIONAL ASSOCIATIONS 1 1OO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 5E~O2 September 2, 1982 TELEPHONE (612) 338..420O Bruce D. Campbell, Hearing Examiner State Office of Administrative Hearings 400 Summit Bank Building 310 South Fourth Avenue Minneapolis, Minnesota 55415 Re: City of Mound- Continental Telephone P407/GR-81-700 PUC-82-061-BC Dear Mr. Campbell: Enclosed please find the Initial Brief of the City of Mound. served upon all parties of record. Very truly yours, Copies have been JDL:enm Enclosure cc: All parties of record James D. Larson STATE OF MINNESOTA OFFICE OF HEARING EXAMINERS FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Petition of Continental Telephone Company for Authority to' Change Certain of its Telephone Rates for Retail Customers in the State of Minnesota MPUC Docket No. P-407/GR-81-700 HE Docket No. PUC-82-061-BC ~ BRIm~ OF THE ClTY OF MOUI',ID;-- WURST, PEARSON, H_&Mll.TON LAP, SON & UNDERWOOD James D. Larson Attorneys for The City of Mound 1100 First Bank Place West Minneapolis, Minnesota 55402 (612) 338-4200 In its initial brief the City of Mound w/i/ addre four L ue .. Whether the Company's proposed test year provides a proper basis for setting rates. Whether materials and supplies are properly includible in rate base where ratepayer-supplied funds are used to finance them, Whether the 'Company should earn a return on committed construction projects. Whether payron expense should be adjusted for 1982 wage increases where 1981 revenues are used to calculate the revenue deficiency. TEST mR Mound witness Dahlen has challenged the Company's test year methodology. The thrust of Mr. Dahlen's challenge is that the proposed test year does not provide a proper basis for setting rates because it is not representative of the period for which rates will be in effect. : In analyzing Mr. Dahlen's position on this issue and the Company's methodology, it is appropriate to first determine generally what a test year is supposed to accomplish and how the Minnesota Commission has dealt with the appropriate test year issue. Once the purpose of a test year is known, one can then look to see whether the Company's test year methodology accomplishes that purpose. The Purpose of a Test Year · Mr. Dahlen explained the purpose of a test year when he described the objective of a proper test year: "The objective is to measure or estimate all elements of revenue, expense and rate base to a uniform time period which is representative of the period for which rates will be in effect." (Mound Exhibit 36, at 5) -2- The Minnesota Commission has cited approvingly a New York case where the New York Commission stated: ~Our goal in setting rates would be to ascertain, as best we could what the utility's revenues, operating expenses and conditions would be in the period for which we are setting rates: the first twelve months after the new rates become effective.~ Re Test Periods in Rate Cases (NY 1977) 22 PUR4th $11. It seems clear from the foregoing that the test year should be a period which is representative of the period for which new rates will be in effect, or the first twelve months after the new rates become effective. Neither Mr. Dahlen nor the New York Commission indicates specifically how to determine a proper test period. They agree only that it must be representative of the period when. the rates become effective. The purpose of the test year then is to provide a twelve month period representative of the first twelve months after the rate increase becomes'effective. Knowing the purpose of the test year, it is approp.riate to look at the Company's test year to determine whether that purpose is met. The Company Test Year is not Representative of the First Twelve Months after the 'Effective Date of the Rate Increase New rates became effective on March 19, 1982. -An appropriate test year would develop revenues, operating expenses and conditions representative of the twelve month period commencing March 19, 1982. The appropriate inquiry on the test year issue is whether the Company test year yields revenues, operating expenses and conditions representative of the twelve month period commencing March 19, 1982. Mr. Dahlen has' reviewed the Company's 1981 test year and has concluded that it is not repre- sentative. -3- The thrust of Mr. Dahlen's objections to Company test year methodology goes to t-he fact that the Company's adjustments to its 1981 test year are selective and result in a bias toward higher revenue requirements. Mr. Dahlen Captured this bias in his surrebuttal testimony where he pointed out the inconsistency in including 1982 committed construction in. rate base, a so-called "known and measurable" rate base change, while failing to consider 1982 depreciation. The Company included committed construction which increases its revenue requirement while overlooking depreciation, also a completely "known and measurable" 1982 rate base change, whose inclusion would offset or reduce rate base. Another example from the income statement relates to the Company's use of 1982 payroll expense while using year-end 1981 local service and toll revenues. Again, ~e 1982 payroll expense is greater than 1981 year end. Proper matching of expenses with revenues would require the use of 1982 projections for local service and toll revenues. Rather, the Company used year-end ~981 rev"enues with minor adjustments for rategroup reclassifications, upgrades and toll adjustments. Further, the positive revenue impact of a projected increase in main stations was entirely overlooked. Here again the bias is toward an increased revenue requirement. Clearly the Company's 1981 test year, updated with only its select-ed "known and measurable" changes, is not representative of the period for which new rates are effective. Rate base is overstated. Expenses are overstated. Income is understated. As Mr. Dahlen testified, this overstatement or bias toward a higher revenue requirement results from selective mismatching of selected revenue, expense and rate base items. Mr. Dahlen emphasized the importance of measuring or estimating all elements of revenue, expense and rate base for a uniform time period. Mr. Dahlen noted: . -4- "To be done fairly and accurately all elements must be adjusted to a single point in time or measured for a common period.~ (Exhibit 36, at 5) Mr. Dahlen suggested that the Commission might use either historical year 1981 or historical year 1981 adjusted to year-end revenue and expense levels, and year-end rate base. Mr. Dahlen also suggested that the Company might refile using a future test year using projected revenues, expenses and rate base. (Exhibit 36, at 5) Commission Precedent In the last Continental filing, GR-79-500, the Company filed a calendar year 1978 test year, adjusted to year end levels, and further adjusted for known and measurable changes associated with exchange upgrades occurring in 1979. The PDS filed and recommended the use of a test year ending August 31, 1979. The Company updated its test year to be consistent with the PDS 8-31-79 test year and agreed with the PDS that this would be an appropriate test year. Several issues remained in that case relating to what was appropriate for inclusion in rate base. With respect to plant in service the Company included committed construction required to complete the Service Improvement Program (SIP), including construction expenditures to be incurred beyond the 8-31-79 end of test year. The PDS opposed the Company proposal for the same reasons Mound opposes a similar proposal in this (~aseo The Commission allowed inclusion of the SIP expenditures using the following rationale: "Since the Commission was in large measure respon- sible for the inauguration of the Service Improvement Program and the SIP Agreement, the Commission agrees with the Examiner and Company that rate base recognition must be given to the culmination of the vast construction program undertaken under the terms of that Agreement. The extra- ordinary amount of expenditures relating to these upgrades, -5- occurring within a reasonable time after the end of the test period, should be recognized as a known change for the purposes of this rate ease. The Commission, therefore, includes as plant in service the expenditures associated with the 15 exchanges that were upgraded prior to December 31, 1979, (at least as far as upgrades are concerned); the Commis- sion will also extend Depreeiation Reserve to that same date as will be explained in a subsequent section of the rate base discussion.~ (79-500, at 11) The current proceeding is easily distinguished from the last. The Company no longer claims that its committed constrUction is related to completion of SIP. Moreover, the Commission extended depreciation reserve in the last case to provide a matching of depreciation reserve with plant in service. The Company has not addressed that problem in this filing, and the mismatching which concerned the Commission in the last case is again present in this filing. The identical issue was raised by the South Dakota commission staff in Re Minnesota Gas Company, 32 PUR4th 1 (1979). In that case Minnegasco used a 1978 average test year and adjusted it to year-end 1978 levels: using actual 1978 end-of-year balances. Then Minnegasco made adjustments to reflect 1979 plant additions which were ~known and measurable."- The Staff opposed the adjustments, pointing out that each such adjustment for a known and measurable change must be accompanied by corresponding adjustments to assure that costs and revenues continue to match. The Commission observed that Minnegasco's use of adjustments related to projected 1979 plant in service amounted to the use of a future or projected test year, and that Minnegasco's proposed adjustments violated the fundamental ratemaking principle of matching. Mr. Dahlen's objections parallel those raised by the South Dakota Staff and recognized by the South Dakota Commission. Making only an increase to rate base for post 'test year plant ddditions fails to eeeognize the changes in expenses and -6- revenues which must flow from that increase and results in a mismatch of revenues and expenses~ The Minnesota Commission has indicated a clear preference for a historical test year over a future test year. In the 1977 Bell ease, Docket P-421/GR-77-1509, 29 PUR4th 7, Bell filed a future test year. While recognizing that it could not force a utility to file based on any particular test year, without regulations on the subject, the Commission noted: "First, we recognize that we cannot force the company to · file based on any particular test year without adopting regulations on this subject. However, the company's freedom to choose the test year it deems appropriate does not mean that we must accept the test year. The company has a heavy burden of proof to show that the test year is appro- priate. Where the company's proposed test year is based on projections of projections such as is the case here, we become even more dubious concerning its propriety. In most utility cases for which we have accepted future test years, the company has had a track record which enabled us to assess the accuracy of its budgeting process. Here we are called upon to adopt a future test year which was based on projec- tions rather than a budget by which the company must live or to which the company must conform. We also note that the advent of rates under bond gives telephone companies substantial additional protection against attrition not pre- viously available. All of these reasons seem to indicate that it would be more appropriate to use an historical test year than a future test year for telephone companies such as Northwestern Bell. However, if the company decides to propose a future test year in its next general rate increase filing, the projections and assumptions used in developing the test year .should be set forth in detail in its filing. In this connection, the company might do well to follow the approach for developing the assumptions recommended by the New York State Public Service Commission in Re Test Periods in Rate Cases (NY 1977) 22 PUR4th 611." (29 PUR4th, at 12) In the subsequent Bell case, in Re Northwestern Bell Telephone Company, P421/GR-79-388, 37 PUR4th 1 (1980), Bell used calendar year 1979 as a test year and put rates into effect in July, 1979. When Bell fried, it used actual January, 1979 data -7- and eleven months of projeeted data. Bell's rebuttal ineluded updated data eonsisting of ? months actual, August preliminary, and 4 months projected data° The purpose of the update was to Provide for actual changes that occurred since the filing;, and during the period new rates are in effect. Such changes would always be present in filings based upon a historic test year. In the test year context, the Minnesota and South Dakota CommiSsions have allowed ~known and measurable~ changes to test year data when necessary to reflect changes resulting from actual data. In the Minnegasco case, supra, the Commission allowed changes to reflect actual end-of-year figures when they became available. And in the Bel~. case, the Commission allowed revisions to the filing to reflect actual data. In the last Continental ease, 'the ~Commission allowed post test year plant additions in rate base only because it had ordered that the investments be made and had required an adjustment to depreciation to provide proper matching. From the foregoing it is clear that neither Commission allows changes to test period data for projected changes beyond the test period absent special circumstances. Both Commissions equate projections beyond the test period with a future test period methodology. Recommendation The problems voiced by the Minnesota and South Dakota Commissions are similar to those identified by Mr. Dahlen. The Company did not present data from which a complete projected or future test period could be developed. Accordingly, Mr. Dahlen has recommended that-the Company use 1981 year-end normalized levels of revenue, expenses and rate base. This would produce a matching at year-end 1981 of revenues with expenses and rate base. A test year with revenues, expenses and rate base at · 12-31-81 levels would be most representative of the period for which new rates are -8- effective. The City of Mound would urge the Hearing Examiner to adopt Mr. Dahlen's recommendation and order the Company to use as a test year calendar year 1981 adjusted to year-end normalized levels of revenue, expenses and rate base. MATERIALS AND SUPPLIES Mr. Dahlen recommended that materials and supplies should be excluded from rate base because the Company has not demonstrated that investor supplied funds are required to finance materials and supplies. Mr. DahIen's recommendation is based upon his analysis of the Company's cash working capital as the source of funds for materials and supplies. The Company did not provide a lead-lag study. A lead-lag study is the Commission's preferred method for determining working capital. Using a balance sheet approach, Mr. Dahlen calculated the Company's cash working capital requirement over the last three calendar years as follows: 12/31/79 12/31/80 12/31/80 (1) (1) (1) Current assets $ 7,245,283 5,111,230 6,453,582 Less: Current liabilities 23,720,916 10,183,433 10,300,170 Plus: Notes payable 14~028t220 . 3~927t350 . 1~.126~500 Cash working capital $ (2~447~413). (1~144~843) _(2~720~088) (Exhibit 37) Mr. Dahlen explained why it is necessary to reduce rate base where required cash working capital is actually negative: "Negative cash working capital indicates an influx of non- investor supplied funds because financing provided by current liabilities exceeds uses to which these funds are put in the form of current assets. The excess is a component of rate base which is supplied by creditors and should not be used as a basis for calculating investor returns." (Exhibit 23, at 10) -9- When his initial testimony was filed, Mr. Dahlen had not received sufficient data from the Company to determine the 12-31-81 cash working capital balance. Moreover, Mr. Dahlen recognized the limitations of the balance sheet approach in the fact that year-end amounts do not recognize seasonal or daily changes in the account balances that make up cash working capital. Accordingly, Mr. Dahlen recommended that the Company be ordered to perform a lead-lag study before filing its next ease, and he recommended that materials and supplies be removed from rate base since they obviously were not acquired with investor supplied funds. In his surrebuttal testimony, Mr. Dahlen was able to present the results of a December 31, 1981 balance sheet analysis. This analysis was possible by using additional information obtained through the discovery process which was not available when initial testimony was filed. When the December 31, 1981 balance sheet produced a negative $2,720,088 cash working capital, Mr. Dahlen recommended that this amount be deducted from rate base. Mr. Dahlen testified: ~A balance sheet analysis of CTCIVPs cash working capital shows a negative balance for the last three years. Because CTCM is using a 12/31/81 rate base, the Company proposed rate base should be reduced by $2,720,088 (adjusted for jurisdictional allocation) to reflect negative cash working _eap!tal as of' 12/31/81. This will protect ratepayers from paying a return on a noninvestor-supplied source of funds." (Exhibit 36, at 9) Mr. Dahlen's recommendation is consistent with a long line of Commission eases wherein the Commission has reduced rate base to reflect a non-investor source of funds. In the last Continental ease, GR-?9-500, the Commission excluded materials and supplies from rate base after finding that the Company had not proved that the investment resulted from invested funds. Moreover, the burden is on CTCM to establish the level of investor-supplied · capital. Where the balance sheet shows negative cash working capital, and the Company has failed to show otherwise, Mr. Dahlen's adjustments must be made. The elimination of materials and supplies must be made to reflect the fact that investorTsupplied funds were not required or used to make those purchases. This item was erroneously added to rate base by CTCM in the amount of $538,651. This amount must 'be subtracted from rate base to correct the error. Exhibit 24 (DOD-3) shows that this adjustment reduces the revenue requirement by $108,953. Once materials and supplies are eliminated from rate base, it is necessary to reduce rate base by $2,720,088 to reflect the fact that the Company actually has $2.7 mKlion of its capital provided from non-investor funds. Both adjustments are necessary. The first to eliminate an erroneous addition to rate base, and the second to reflect the reality that $2.7 million of CTCM capital actually came from non-investor sources. COMMITTED CONSTRUCTION CTCM has also included in 12/31/81 rate base an amount for eonstruetion projects to be undertaken in 1982. Mr. Dahlen reeommended that eommitted construction projects not be included in rate base for two reasons: 1) the dollar amount on which the Company desires to earn a return is not telephone plant during the test year; and 2) if net telephone plant is increased for 1982 Committed construction, the increase in committed construction must be offset with decreases to rate base such as 1982 depreci- ation on net telephone plant. (Exhibit 23, at 11) Mr. Dahlen testified that adding 1982 committed construction, without regard for 1982 depreciation, is highly distortive. A hypothetical used by Mr. Dahlen in his surrebuttal testimony shows clearly how the Company has overstated or distorted rate base: "Using Mr. Maunder's analogy, the Company's proposal is like having $1,000 on deposit in a ssyings account in 1981 (tele- phone plant) planning on adding a total of $30 at various times in 1982 (committed construction) while knowing that a total of $100 will be removed from the account in equal monthly amounts in 1982 (depreciation). The Company requests a return not on $1,000 - the account balance in 1981, not 'on $930 - the balance at the end of 1982,. but rather on $1,030, an amount greater than the account balance will be at any time in 1982 or 1981. Like the owner of a savings aeeount~ the Company should not be permitted to earn a return on funds which are not invested." (Exhibit 36, at 7) Mr. Dahlen's Exhibit 24, DOD-4, shows that including committed construction without regard for depreciation distorts or overstates rate base by $10.9 million. Mr. Dahlen recommends that 1982 committed construction be eliminated from rate base. This recommendation is consistent with the statutory requirement that investors not be allowed a return on investments that have not yet been made, and eliminates the gross distortion present in the Company filing. OPERATING EXPENSES In the area of operating expenses, as with rate :base, the Company has made selective post test year adjustments tending to increase expenses and increase the revenue requirement, while overlooking equally "known and measurable~ increases .in revenues. One example of overlooked revenues is main stations. On cross-examination it was discovered that main stations will likely increase for 1982, thus increasing revenues. This increase was not recognized and operating income was, therefor.e, understated. In contrast, payroll expense was increased to reflect post test year wage increases. Using 1982 wage rates without using 1982 revenues results in a mismatch of revenues and the expense of producing those revenues. This is yet another example of the mismatching which results from adjusting test year data for post test year changes. Mr. Dahlen recommended that the Company's payroll expense be changed to eliminate 1982 wage increases. In Exhibit 24, DOD-6, Mr. Dahien calculated a $1,021,514 adjustment to revenue requirements was necessary to reflect the elimination of 1982 wage increases. SUMMARY AND RECOMMENDATION In summary, the thrust of Mound's objections to the Company filing is centered in the Company's selective changes to test year data for post test year changes, and the bias toward a higher revenue requirement associated with those changes. Each of the recommendations of Mr. Dahlen is directed towards the elimination of that bias by removing, the post test year adjustment and returning the filing to an end-of-year basis. With respect to the issue of an appropriate test year, Mr. Dahlen recommended the use of historic 1981 test year, adjusted to year-end 1981 levels, as done by CTCM in its March 19, 1982 revised filing. Mr. Dahlen further recommended that rate base be adjusted back to year-end 1981 levels, by eliminating 1982 committed construction from rate'base, by eliminating materials and supplies as non-investor supplied, and by reducing rate base by $2.7 million to recognize a non-investor source of funds in that amount. Similarly, Mr. Dahlen recommended that operating expenses and revenues be adjusted to 12-31-81 levels. This would require the removal of 1982 wage increases. For the reasons cited above, the City of Mound supports Mr. Dahlen's recom- mendations in this proceeding and respectfully urges their adoption by the Examiner and the Commission. Respectfully submitted, ~LARSON & UNDI~RWOOD 1100 First Bank Place West Minneapolis, Minnesota 55042 (612) 338-4200 Attorneys for The City of Mound -13- CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (6~2) 472-115~ September 3, 1982 TO: FROM: SUBJECT: Park Commission Park Director Stairway Request Avocet and Bluebird (South) As requested at the AuguSt meeting, I have examined the stair- way situation at the south end at Avocet and Bluebird. There are no.stairways at the end of either land, but approxi- mately 100 feet.to.the east of each are wooden stairs. Access to the stairs is unobstructed and the stairs are in good con- dition. Chris Bollis Park Director CB/ms SEPTEMBER 1982 WESTONKA CHAMBER OF COMMERCE "CHAMBER WAVES" The next Chamber of Commerce General Membership meeting will be Wednesday evening, September 15, 1982 at Lord Fletcher's,. Spring Park. Social hour is 6:00 P.M. to 7:00 P.M. with dinner served at 7:00 P.M. Our guest speaker will be Howard Sundby. Plan now to attend and make your reservation by calling t.he Chamber office, .472-6780, by September 13, 1982. The cost is $8.50 per person. PRESIDENT'S LETTER: Your Chamber of Commerce moves along - mixing business with pleasure. We had the Sec- ond Annual Westonka 'Chamber of Commerce Golf Tournament on August 26th. It wa§ a great success, with commradire more than making up for the rain. Out of the golf itself- lots of prizes, trophies and winners'. Special thanks to Jack Diesing, Ron Norstrem, and Chip Grey, Red Oak Golf Course, for making Golf Day a success. Thanks too, for everyone attending. Our next meeting, September 15, is for your convenience - an evening meeting~ See YOU there~ Jerry Longpre, President MANAGER' S CORN ER: I expect the pace of Chamber activities to accelerate as we head into fall. We are currently forming committees, for a number of upcoming events. It's fun to have people coming to me to say, "What can I do to help?" or "How can I become involved?". As the concept of a Westonka Area Chamber of Commerce becomes more familiar and accepted, we, as merchants and residents, will have the benefit of a very strong rallying, point with- in our four communities. However, the development of an effective Chamber of Commerce .requires a large member base and a real committment to business and community needs. ~ithout clear communication, it's hard to meet the needs of the business community. Therefore, attendance at meetings or involvement in committees is critical. In an organization such as this, communication is essential. That is why the Board of Dir- ectors has chosen to, for the present, to send this publication {Chamber Waves) to all area businesses, non-members included. By the way, half year memberships are'~va~l~ble~ If you are interested in what the Chamber can do for you and what you can do for your business and community, please take a moment to call me at the Chamber office - 472-6780. Chic Remein, Chamber Manager The following letter, from Gary Mayer, School Board Chairman, is of such importance, it is being printed in its entirety. Chic Remien, ExeCutive Director Westonka Chamber of Commerce Mound MN 55364 PLEASE READ THIS LETTER TO YOUR GENERAL ASSEMBLY MEMBERS -- Dear Members: On August 16 the school board passed a revised smoking and tobacco use policy. This Page 2. policy, we believe, will put some teeth into our efforts to reduce smokihg and tobacco use on school p perty. OFor the first time Juvenile Court Judge Oleisky has agreed to take firm action regarding smoking/tobacco use on school property. In addition the Minnetrista Police Force has agreed to cite students after the third offence.· Judge Oleisky has made it clear that· he intends to fine students for violating state law. We believe this school policy will strengthen our hand for some disciplinary problems, reduce tardiness, and definitely ease our maintenance problems at some school buildings. Accordingly, the school board is asking the business community to increase your efforts to reduce the availability of cigarettes and other tobacco products -- mainly snuff. We are not convinced this program will·· reduce smoking. Our inten, however, is to eliminate it as much as possible on school property. At the same time the school board has authorized additional educational efforts to warm students at very young a'ges about · the inherent dangers of smoking. , " I'm sure all parents will appreciate your cooperation in these effort~... Thank you again on behalf of the Westonka School Board. Yours truly, Gary K. Mayer School~ Board Chairman NEW MEMBERS: We welcome as a new member to the Wes~onka Chamber of Commerce: Westonka Interiors, Navarre .... " CHAMBER RETREAT; WINTER SOCIAL:" Plans are now in process for a second annual Chamber retreat. We are also planning a winter social to be held in January. Anyone who desires input or would be willing to work on either of these committees, pleas6 contact the Chamber office (472-6780) or attend the general meeting, September 15th. .. You are an important part of your Westonka Area Chamber of Commerce'." "WORKING TOGETHER''· Your Westonka Area Chamber of Commerce Board of Directors RW/sg SIX MONTH PROGRAM HIGHLIGHTS HENNEPIN COUNTY TRANSPORTATION MARCH - AUGUST 1982 Dear Friends: 3614 Bryant Av. S. Minneapolis, MN 55409 827d In September 1980, the Hennepin County Social Services Trans- portation Task Force was formed to examine the transportation system for elderly and elderly handicapped residents of Hennepin County. Participants in the task force included representatives of non-profit transportation providers, taxi companies, human service councils, MTC, MNDOT, and other human service agencies. The task force found resources to be unevenly distributed geographically and marked in many cases by overlap among providers. The task force sought a "lead" agency to coordinate transportation services and recommended in October 1981, that Senior Citizen Centers of Greater Minneapolis serve this coordinating function. Approved by the Metropolitan Council, the Hennepin County Transportation Coordination Program officially began on January 1, 1982. By the middle of February, staff were "on board" and the program was underway. This report reflects significant~activities during the first six months of the program. The following activities are listed under their respective program objectives. /~~r~or~gram Manager ~otgh~a~mFa~stan~t' OBJECTIVE 1: Establish a program advisory council 1. Two county wide task force meetings were held in 1982 to discuss · program goals and objectiges. 'Planning also began to develop a permanent program advisory council. 2. Advisory council and sUbc6mmit%ee job descriptions were developed. 3. A nominating committee was formed to develop representation.criteria, in addition to a slate of candidates. 4. The last meeting of the Hennepin County Transportation Task Force took place April 15, 1982. At this meeting the slate of candidates nominated to the advisory council were voted into place. This meeting also included a discussion of priority issues needing to. be addressed by the advisory council. 5. The Hennepin County Transportation Coordination Program Advisory Council met May 3, 1982. Since this time issues discussed and Sponsored by Senior Citizen Centers of Greater Minneapolis, Inc. dealt with include: - Needs/issues of drivers - Purchase of service contracts - Advisory Council goals - Officer elections - Metro Mobility - Community,senior,senior handicapped needs - Transportation provider needs - Volunteer recruitment OBJECTIVE 2: Establishing regular contacts with transportation providers, planning~or~anizations, elected officials, administrators, and other .private and public agencies to facilitate communication and gain a better under- standing of community service needs and resources. Since late February program staff have visited or met with a minimum of 60 people representing senior prbgrams, transportation providers, advocates, planners, and others having an effect on senior programming or transportation services. At these meetings staff: -present an overview of the'program - discuss how coordination can be effective in their community - discuss the transportation needs of seniors in the community - discuss the needs of their program e An important role of the program advisory council has been to represent the community and give input. Program staff have participated in cOmmunity meetings to discuss the needs of area seniors and transportation providers. Program staff have discuSsed Metro Mobility with seniors and providers, in turn representing them at meetings with the MTC and Metro Mobility. o Program staff have made presentations regarding the current transportation system and related issues and needs to community and professional groups and committees. e Staff continues on an ongoing basis to discuss transportation and coordination issues with:. - Bette Undis - Director of the Ramsey County Red Cross Transportation Coordination Program. - Metropolitan Council Aging Program staff - Home delivered meals coordination staff - Congregate Dining program staff .OBJECTIVE 3: Determining transportation needs of elderly persons in Hennepin County. Data collection and needs assessment has been extensive, involv- ing the following resources: -Hennepin County Aging Service Delivery Study -Transit Service Plan for the Elderly & Handicapped, 1979 -Metropolitan Council Staff -City of Minneapolis Planning Deprtment - Census data -Transportation Services Listing ("Transportation Services for Senior Citizens in Hennepin County) -Suburban Hennepin County Energy Program -Interviews with transportation providers -Information from Senior Citizen groups -Input from Advisory Council hRecords from former Minneapolis Red Cross Transportation' Coordination Project and its United Way Evaluation -Ramsey County Coordinated Transportation Program - St. Paul Red Cross Transportation Service -Hennepin County Municipalities -First Call for Help -Information from Hennepin County Information & Referral Offices --Request for need statement from Hennepin County Human Service Councils -Information on transportation needs from Congregate Dining Program From the above listed resources came the following: A listing of transportation services in Hennepin County which includes those services which provide transportation from the rider's home to a particular destination. Services are-cata- gorized as a) General Transportation Services (demand/responsive services not limited by purpose of trip as can accomodate), . b) Specialized Transportation Services (limited by purpose of trip), and c) Other Transportation Services (limited to an organization's activities and/or regular group trips, i.e. shopping bus, congregate dining runs). 2. Census data a. Total 1980 populations for each municipality b. Breakdowns of populations of each municipality by age group: 60-61, 62-64, 65-74, 75-84, 85+ c. Populations of each Minneapolis Planning District (Camden, Calhoun-Isles, Central, Southwest, Powderhorn, Nokomis, Northeast, Longfellow, Near North, Phillips, University) d. Breakdowns of populations of each planning district by age group: 60-61, 62-64, 65-74, 75-84, 85+ 3. Maps (as developed from data gathered) a. Geographic Distribution of Transportation Services in Hennepin County bo Geographic Distribution of Transportation Services in M~nneapolis Co Geographic Representation of Metro Mobility Service Area in Hennepin County d. Percentage of Persons 60+ to Total Population per Municipa- lity - Hennepin County e. Percentage of 60+ Persons in Each Minneapolis Planning District per Total. Minneapolis 60+ Population f. Percentage of 60+ Persons Within Each Minneapolis Planning District 3o Charts a. 1980 Census Data by Municipality - Hennepin County b. 1980 Census Data by Minneapolis Planning District - Ranked by percentage of' 60+ persons in planning district per total Minneapolis 60+ population c. 1980 Census Data by Minneapolis Planning District - Ranked ~ by percentage of 60+ persons within each planning district d. Limitations of Specific Transportation Services in Minneapolis Utilizing the data listed above and input from the community the program was able to identify: 1. Gaps in service 2. Overlapping services 3. Limitations of service 4. Special needs of certain communities OBJECTIVE 4: Entering~into purchase of service agreements with private.and.public agencies for the provision of transportation'services. Program. staff work and coordinate with the Ramsey County Red Cross Coordination Program. This successful program has been a great model in developing all facets of the Purchase of Service component° m A Purchase of Service subcommittee was developed. Since May, the committee has spent up to 20 hours: -Defining areas of need -Setting criteria for Purchase of Service -Assisting in the development of the request for proposals -Evaluating proposals and recommending contract awards 0 A Purchase of Service contract was developed as well as other recordkeeping in preparation for the award of contracts. On August 26, the program Advisory Council voted to accept the sucommittee recommendation awarding eight purchase of service contracts totaling $61,960.00. OBJECTIVE 5: Increasing the participation of volunteer drivers through encouraging expanded use of volunteer drivers throuqh contracts for. volunteer mileage reimbursement and assisting as requested in seeking sources for recruitment and training of volunteer drivers. Plans are being made to recruit volunteers for Hennepin County providers, based on needs expressed by transportation providers. Discussion with the Minneapolis Star/Tribune to develop an article(s) on trahsportation which would include the need for volunteers. A subcommittee was developed to deal with problems encountered by drivers when transporting seniors to hsopitals and medical centers. o Follow up and monitoring of state rule changes for volunteer drivers. OBJECTIVE 6: Improving the transportation referral system. Program staff'work closely.with First Call for ~elp, updating information monthly on the approximate 35 organizations providing transportation services, The ~isting, Transportation Services for Senior'CitizenS in Hennepin County was developed and Sent to approximately.120 organizations. The listingj~'for which demand remains ~ighj, is to be utilized as a referral guide and to educate existing programs about other services, The program newspage7 Express~'Not'es, "spotlights" a transportation program each month. 4. When called upon, program staff make referrals. OBJECTIVE Informing private and public agencies of the.indtiation of the Hennepin County Transportation Coordination Program and of its future plans. 1. Letters of introduction were sent to approximately 300 persons. Letters were sent to mayors and city administrators of 44 munici- palities introducing the program and requesting data or other input. 3o The program newspage, Expre.~s Notes, is disseminated monthly. OBJECTIVE 8: Exploring options for securing group insurance for volunteer drivers. A workshop on volunteer transportation insurance is being sponsored and developed by the program to take place September 7. This workshop is aimed at transportation providers and interested individuals. At time of writing 40 individuals are registered. The workshop will include: - Explanation of state laws regarding auto insurance - Minimun guidlelih~s far volunteer driving programs - volunteer liability under Minnesota law OTHER ACTIVITIES Program staff give input to the MTC and Metro Mobility. An application .will be made to appoint a staff member to the Metro Mobility' Advisory Committee. The program has entered into an exciting joint venture with the Volunteers of America Congregate Dining Program. The VOA has available two maxi-vans which are not currently being utilized. The two programs are working together to place both of these vans in the community, cost free. One van is planned for use beginning in early September. 3. Program staff meet with staff from the Coordinated Home Delivered Meals program on a regular basis. Similarities in program allow us to share experiences, give advice and enjoy support. Co- ~_~'), sponsoring future workshops has been discussed. FACT SHEET CONSTITUTIONAL AMENDMENT ON HIGHWAY BONDS-A~.END~ENT ~, 2 The amendment does two things: - removes obsolete 5% interest limit (established in 1920) - removes $150. million cap (established in 1956) 2. Passage of the amendment will: - immediately remove an impediment to the sale of $19 million of previously authorized bridge replacement bonds - provide an additional highway funding option to future legis- latures and administrations 3. The urgent need for transportation funding continu'es. - road use is increasing - ~ne dedicated highway fund is not sensitive to inflation and continually falls behind the level of need - tke current funding level, called "patch and repa~r level" is really sub-marginal in meeting road user needs - based on current funding roads are reconstructed once every 370 years - almost 500 bridges on the Trunk Highway system are deficient Passage of the amendment is a small step towards improving eco- nomic vitality of ~innesota. - will enable improvement bri~e replacements - will provide jobs (53 jobs are c~eated either directly or directly from every one million dollars spent on highway con- struction) The groups that have voiced support for passage are a good indi- cation of the importance this change has for Minnesota. Labor Business Agriculture Highway Users: Cars & Trucks Highway Action Groups State Executives Legislators and Candidates 6. There are no known organizations in opposition. Question to appear on, November Ballot: "Shall the Minnesota Constitution be amended to remove restric- tions on the interest rates for and the amount of Trunk l{ighway Bonds ?" Yes No RESOLUTION NO. 82 RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT #2 AN AMENDMENT TO THE MINNESOTA CONSTITUTION ON HIGHWAY BONDING, TO REMOVE RESTRICTIONS ON THE INTEREST RATES FOR AND THE AMOUNT OF TRUNK HIGHWAY BONDS. WHEREAS, the City Council of' the City of has reviewed the facts concerning the need for a Minnesota Constitutional Amendment removing Highway Bonding Restrictions in the Minnesota Constitution and ~7~EREAS, finds that a 5~ interest rate and $150 million maximum borrowing amount a_~e obsolete in current economic times, and WHEREAS, recognizes the urgent need to provide flexibility to the state legislature and administration to be able to adequately fund necessary Truck Highway and Bridge re_~airs and replacements, and WHEP~AS, believes that'addi~nal capability to Support good highways will also aid in improving the economic vitality of Minnesota and the City of by providing more jobs and transportation facilities for the moverment of goods and materials in the state. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of · County of , State of Minnesota, that Constitutional ;t.~endment #2, an amendment to the Minnesota Constitution to remove restrictions on the interest rates for and the amount of Trunk Highway Bonds, be supported, and BE IT FURTHER RESOLVED, that the City Council of the' City of urges all residents of the city voting at the November 2,'1982 election, to cast a 'yes' vote for Constitutional Amendment #2. PASSED THIS DAY OF , 1982. ATTEST: CITY CLERK MAYOR OR COUNCIL PRESIDENT t~ ~ ur t ff,~ ~/00MetroSq aeBldg..S.Paul. MN55101 ~/General Office Telephone (6 [2 eREVIEV ._::;:;; .: :CITY OF~ MOUND A Metropolitan Council Bulletin for Community Leaders ' '>),X': '~ '"~ ......... For more m{brmatmn on ztems mennoned tn thzs t)ubhcat~on, call ~ubhc I~j~nzano~J/Office at 291-6464. ~ptem~r 17t 198~ - RiP,eld; ~ch~d ~e~., Cottage O~ve~ Wil~ Hi~e, ~eCon~; J~es ~ut~, ~o~ P~; S~ce RECENT COUNCJX, ACTIONS (Sept. 7-17) HETltOPOLi'TA.N COUNC[4 Solid Waste --The Metropolitan Council approved sanitary landfill altos in Hennepin County, one in Greenfield, the other in Dayton. The Council had disapproved three other proposed Hennepin Count7 sites lut month. The sites will be added to a regional pool of env!ronnen~all7 acceptable sites. Health --The Metropolitan Council/Metropolitan Health Planning Boa~ decided to Join a coallhion of local groups making application for a grant to ~.he. Robemt Wood Johnson Foundat~lon in Ch/cago. The grant would help pay for a program to achieve more affordable health care in the Metropolitan Area. The foundatAon has set uide $16 million nationally to support up to 10 multi-year prog~ that help cont~ health care costs. CON~ITTEE~ OF THE COUNCI~ The Physical Development Co~aittee recommended that the Metropolitan Waste Control Commission (MWCC) prepare preliminary engineering cost estimates for a new sanitar7 sewer interceptor at Beaver Lake and another at Phalen 4eke. The interceptors represent an option ~der .: considerat.toa to solve a lake overflow proble~ involving St. Paul and elght suburban cities. The committee also reco-,,ended: --A 1983 MW¢C capital budget appropriation of approximately $376 million. Of that amount, $263 m/llion has already been spent or encumbered. The co~zzittee also recommended $2.8 million be added to the commission's 1982 capital budget for wastewater treatment equ/p~ent a~ the Metro sewage treatment plant in St. Paul and the Blue La~e 91ant near Shakopee. --Approval of a proposed 198~ ~etropolitan Transit ComsLission capital budget of $~1.9 million. A major new project proposed is =he rehabilita~ion of 17~ buses during =he nex~c ~wo years. --An Anoka County candidate landfill site in Ramsey as suitable for disposal of mixed municipal solid waste. PUSLIC HEARINC~ Metropolitan Council~ Council offices. Oct. 12, 7 p.m.--The Council will receive testimony and comment on the draft Transportation Development Guide Policy Plan. For a free ~opy of Che draft, call ~he Council's Pu'~fio Information Office at 291-6a6~. Metropolitan Health Plannin~ Board~ Council Chambers. Sept. 22,'5 p.m.--Outreach Group Homes, Inc., St. ,Louis Park; certificate of need request to build an intermediate cars facility ~or mix mentally retarded adults in Plymouth, at an estimated cost of $193,500. ~EW APPOINTS The Council ratified the follo~ring reappotntmants to the Transoortation Advisory Board: Howard Bunco, Nawro~ki, Columbia Heights; Barbara Savanick, Apple Valley; Tony ~callon, M/mtneapolis; James Scheibel, St. Paul; Jackle Slater, Minneapolis; and Willis WarkentAenl Falcon Heights. AP?~ICATION$ BEING TAKEN FOR FAHIL! REFI' ASSI~TA~C~ Families that may be eligible for Section 8 rent assistance are aneoura~_ed ~ apply for certificates cf eligibility with the MetropollLan Council Housing and Redevelopment Authority (Metro ~AI. Applications will be accepted from Sept,. 20 to Dec. 17. Applications fr~a families whose head of household is elderly, handicapped or disabled are not heing accepted at this time. Under ~he Section 8 program, families pay up to 30 percent of their inec~e for rent; the rest is paid by the Metro HRA. Applicants selected ·ust locate housing in one of 55 participating Metro P~A suburban or rural comm,~ities. Mi~neapolia and St. Paul residents can apply at the Metro ~A office, Room 25 (lower level) of the Metro Square Bldg., 7th and Robert Sts., St. Paul, from 8 a.m. to ~ p.m. weekdays. For the address and phone number of suburban community ERA offices, call 29~- 6300. This is an Equal Housing Oppo~unity program. COUNCI4 CHAIRMAN TO RO~D ~ORMA4 BREA~A.ST HEETLNGS Metropolitan Council Chairman Charles Weaver will meet with local offlctal~ in a series of mine informal breakfast meetings to discuss issues that concera local communities and t, he Council. Regional commission representatives will also he attending the sessions. The meetings, all beginning at 7=30 a.m., ~11 he held in each county and in Minneapolis and St. Paul. A corrected and partial schedule is as follows: --~ept. 23, Dakota County, Chee's Cafe, ~555 S. Robert Trail, Rosemount; --Sept. 2~, Ramsey County, Xo~!ak's Royal Oak Restaurant, ~T$5 Hod&son Rd., ghoreview; --Oct. 12, Carver County, Island View Country Club, 9150 Island View Rd., Waconia; --Oct. la, Minneapolis, Grain Exchange Cafeteria, 301 ~th Ay. S., Minneapolis; --Oct. 19, Washington County, Forest Inn, 816 S. Lake St., Forest Lake. The Scott and Hennepin County meetings were listed incorrectly in the last Review. The meetings will he on Oct. 26 and 28, respectively. These and two more meetings will he listed in the nex~ R. ev.iew_ Oct. 8. HOUSING CONFERENCE SET ON PUbLIC-PRIVATE PARTNERSHIP The Metropolitan Council and the Association of Metropolitan Mm~ictpaltties will cosponsor a housing conference, "Public-Private Partnerehip'. It's More Than Just ~oney." The conference will explore how local officials and private housing developers can work together to produce new housing. It will be held on Oct. 27, ~-9 p.a., at The Sheraton Midway, Interstate Hwy. I-9~ and H~mline Ay. in St. Paul. St. Paul ]~yor George ~A~lmer will deliver & ke~ote address, rolls,ed by ~wo panel,s. The first will discuss specific examples of b°~ partnerships ~ave provided housing in ~et~',opoli~an Area c~ies. The second will discuss c~m~umica~t~ needs in · public-pti, rate partnership o Reg!lstr'ation Ss $~3.~0 l.~clud~_~ dix~le~'. For information or t~ register, call ~he Council's Public HEMh'ZPXN CO~ APPLICATIONS SOUGHT FO~ WASTE AD. OR! The Metr~polita~ Council is aacep.tlng applications fmma Hennepin County resident~, fr~a either ~y~n or Greenfield, interested ~n serv~ as a tem~rary member of the Council's advisory committee on solid waste smnagement. The Council will expand the 30-~ember c~mittee to include 1~ representatives from ~o~xnuni~ies where approved landfill sites are located. The .. temporary members will help prepare a Council repor~ ~he Leglslativ~ Ccam~i~sion on ~aste ~=--semont. The reporV, will recovered wa~s ~o ease t~e burdea on ~ommunities that will eventually have ~ew landfills. back~ro~! report, that exp~orss ~ario~s methods is now available from the Council's Public Y~aformat~ Office Persons interested in applying should call Resemarie .~o~nson at 291-6391 by Oct. 8. SEmi,OR (~-'NTER ~NFE~ENCE SET The Metropolitan Council and the Minnesota ~oard o~ Aging will cosponsor a conference Oct. 19,.-20 at the Earle Brown Center on ~he University of Minnesota St. Paul. campus ~o train senior center s~affs in pr~viding outreach services ~o older persons. The conference will p~esent ideas on making services in the centers more accessible ~o all older persons, partic-larly minority, disabled, isolated and l~w-income persons. It will ~e roll,ed by a free &f~ermoon forum c~.arts, humanities and a~ing, sponsored .by the Council's a~ and aging programs. For more information, call the Council°s Program on' Aging at 291- 6~5. REGIONAL T~ANSPORTATION FORUM SET FOR ~PT. 21 The Metropolitan Council, and. the Metr.?politan Transit C~ssion will ~sponsor "Transportation.- The Road Ahead?", a public for~nn on regional ~ighway asd ~ransportation planning, from 9 a.m. to ~ p.m. on Sept. 21 at the Holiday Iron, 1313' Hicollet Ay., For reservations os more information, call .the Council's Public Ymforma~ion Office at C~N~N~ ~EET~C~ (~pt. 20 - Oct. 8) Metropplita~ Pax-k~ and. Open Space Commission - ~onday, Sept. 20, 3 p.m., C~.erenee Rooms A and B. The c~=n~LssiOn ~J.11 set a public hearing date on the revised capital imprmvemen~ program fo~ the regional recreation open space system. ~=~ Resources Committee -Monday, Sept. 20, 3:30 p.m., Council Chambers. The co.~.~ttes will act on s~aff reoonznendatioms on ~he Netropolita~ ~ousing Fund, a position statement on the future o~ health planning and a public hearing report on proposed policies reg~rding adding beds ~o the regional nursing hone system. Executiw Ccxmzittee - Tuesday, Sept. 21, 5 p..m., Conference Room A. The c~,-n~ttce will act on the budg~ of ~he Metropollta~ Sports Facilities Commission, the 1~83 ,~nneapolis liquor/lodging ~ax, and the Council's 1~8~ wor~ program and ~udget. The comn~tttee also will act on a resolution authorizing reduction the Metropolitan ~ax lev7 for Per,cs amd o~ s~ ~ds sewe~ ~ds. ~ts Advisory C~ttee ~s~y, ~pt. 21, ~rts on the Mc~ ~ce~ce in the A~s Task Force ~ ~r~ Fl~tin~ ~d O~n S~ace Wednesday, ~pt. 22, 9 a.m., ~nfe~ce R~ E. The ~s~ fore is e~ected ~ discuss the stat~ of the b~ ~ee~ng study, ~ physi~ c~ctem~sti~ of noise · ~i~y Reinves~m~ F~d Por~ - ~nes~y, discuss ~he ~n~i=t over ~he p~p~ ~ ~versl~7 of ~eso~ Hospi~ ~d C~ca~ T~r~ion Su~o~ee - ~sday, ~ep~. P~yai~l Develo~fl~ ~~ - ~ursday, He~epin Co~7 P~k R~er~ Dia~ric~'a ~ for sys~de ~ln~en~ s~pa ~d ~he 198~ ~i~ Develo~en~ ~d ~ecu~ C~s. O~sion ~sues ~d Ad~sory C~tees on A~ng - F~y, ~p~. ~ p.m. Con~ereflce R~ E. 'Confe~nce R~ A. Task Fomee on Regional Revenues - ~nesday, ~p~. C~nal Jus~i~ Advisory C~i~ee - F~day, Resou~e Recovery T~k ~orce - Tues~y, Oct. ~ a.m., Conference R~m ~. Me~ro~li~ Rides~e ~a~emen~ ~oa~ - Tues~y, ~mer~nc7 Medial Se~ices Advises7 C~ee Tuesday, Oc~. 5, a p.m., Co, oil Executive C~i~ee - Tuesday, Oe~. ~., ~ p.m., Conference Ro~ A. TecAni~l Advisory C~ee - (T~ns~r~a~ion) W~nesday~ Oc~. 5t 9 ..a.m.~ Co, oil ~e~ro~ W~e ~agemen~ Advisory C~ee Wednesday~ Oe~. 6~ 2 p.m.z Co~ci! Physical Develo~en~ C~l~ee - Th~sday., Oc~. CITIZENS LEAGUE 530 Syndicate Building H~nneapol/~, MN ~02 TO: SUBJECT: August 17, 19BZ MEMORANDUM Members, Tax/Expenditure Committee Community Information Committee Issues, proposals and Participants' in state-'local finance The most intensive discussions in 12 years are under way in several quarters'this summer concerning Minnesota's state-local fiscal system. It still is .much too early to tell whether this year's discussions will lead to change in 1983 of the same magnitude as occurred in 1971. But some of the proposals being talked about would produce -- if implemented -- perhaps even more dramatic change than occurred i'n 1971. As will be remembered, the Legislature in 1971 made substantial changes in school aids, municipal aids, property tax relief, the p~operty tax assessment system,.and in the authority of local units of government to levy taxes. In every biennium since 1971 the LegislatUre has continued to make further modifica- tions in existing provisions and has added some new ones, such as the ci~uit-breaker. Much of'the debate now is prompted by a realization that the next biennium will be extremely tight financially. In mid-July 1982, Allan Rudell, state commissioner of finance, i~sued biennial budget guideli.nes t0 state agencies', the first step in preparation'for the two-uear state budget beginning July 1, 1983. Rudell projected that, even if "temporary" tax increases enacted by the Legislature in 1981 and 1982 are continued into the next biennium, sufficient funds would not be available to pay for even modest growth in expenditures over the current biennium. At this time widely differing views of the problems to be solved are evident: Some persons believe the major problem is that State government needs to find a way to s)ow down or stop the growing commitments of state tax dollars which are transferred to local governments to pay for local ser- vices. Others are extremely fearful of major increases in property taxes and, consequently, are trying to devise ways that state funds can be used to keep such increases from occurring. Some persons are distressed because various optional tax levies have re- duced the amount of equalization in the school aid formula in recent years, which means that higher-valuation school districts are able to spend more, with lOWer taX rates, than poorer districts. Meanwhile, according to a taxpayers' newsletter, others are complaining that the school aid formula is.producing too heavy a property tax burden on the higher-valuation school districts. Some persons are seeking to enrich the state fund which provides aid to cities and counties, perhaps by guaranteeing them a certain percentage of the state general revenue fund or of a certain tax. Others are seeking to remove cities and counties from receiving state aid, by transferring their aid to school districts and giving cities and counties, in return, access to the property tax which no longer would be needed by school districts because of the growth in aid to school districts. 72 * Some persons are trying to assure adequate areawide revenue sources, with equitable distribution of funds to local governments, to make sure cities and counties never would be driven to seek the right to levy their.own sales or income taxes, because of their widely-differing tax , bases. Meanwhile, others are looking to such lo~al option non-property taxes as a way for legislators to (a) avoid having to increase state .taxes, and (b) keep property taxes from increasing further, and (c) ' 'assure a growing revenue source for some local governments (those with the ability to raise dollars from a tax on sales or income collected within their own borders'exclusively). * Some pers9ns are saying 'that the state Should determine a uniform per- pupil spending level for all.school districts, to assure equitable edu' cational resources for pupils across the state. Others are urging that the state deliberately allow spending levels to vary, to reflect the preferences of individual school districts. Many person~ nod their heads when critics talk of the complexity of the.present sys- tem, and the fact that it is becoming increasingly difficult to accomplish policy goals thrbugh fixing up the system here and there. Some critics are calli'ng for : wholesale revisions. Others~ while uhderstanding the motivation behind such pro- posals, fear that hard-fought principles 'of equity to 'taxpayers ~nd units of govern- ment would b~ lost in the shuffle. Virtually no one, however, is downplaying the urgency for the Governor'and the Le~ gislature to give the issues of the state-local fiscal system top priority. There is some question, however, of what timetable is desirable, or Possible. One option would be for the newly-elected officials.to~make major change'in the first five months of 1983. Another opt. io9 would be for no action to betaken except commission- ing of a major Study, perhaps along the lines of the 1954 J. Cameron Thomson effort. In between there are. other possibilities. One would be that a compTehenslve overhaul could be' adopted, in 1983, but with the law stipulating that changes would be phased in over time, to reduce the likelihood of massive changes on Individual taxpayers, either up or down in burden. Another possibility would be to adopt a.comprehensive overhaul in 1983, but d~lay its effective date for 12-18 months, during which' time major studies undoubtedly would occur and modifications could be made. For perhaps the first time since 1970-71, groups involved in study and analysi~ are making changes in school aids an integral part of the tota.l discussion. In 1971 the Legislature's 'final local government aid/state tax package, included t'he school aid formula. Since then, the school aid package always has been treated separately. Following is a summary of the major studies and proposals of which we are aware at this time: Minnesota League of Wom~n Voters - A background report on school aids, including major issues to be settled, now is being printed.and will be distributed to local chapters for study this fall. An effort will be made to develop a statewide position on these issues b~ 'next February. Greater Minneapolis Chamber of Commerce - The Chamber Board of Direcrors is expected to consider very soon a position paper prepared by John Bergford and Lloyd Brandt, which has been circulated informaliy for the last few months. The' proposal would change the methods granting property tax relief from the present system of homestead, agricultural and renter credits and classifications to a new system in which total property taxes would be limited to a certain percentage of market value. The percent- age would vary for different types of property. Local government would be given a -3- guaranteed share of a state revenue source,"such as 80% of the 59 sales ~ax." Schools would be allowed discretionary property tax authority, partia)ly equali- zed for differences in tax base, to finance levels of spending above state aid. Saint Paul Area Chamber of Commerce - The Chamber has pJbllshed a report, "200!, Can We Get There From Here?'', which recommends reductions in corporate and per- sonal income tax rates to help stimulate the state's economy. Earlier this sunnier the Chamber submitted specific recommendations for reducing Saint Paul property taxes by spending cuts and other methods. Minnesota Business Partnership.- A committee of this group is looking at several possibilities for change, including the proposals advanced by the Greater Minneapolis Chamber of. Commerce. Minnesota AFL-CIO - The AFL-CIO will continue its emphasis on relying on the state income ' tax to finance state and local government, instead of increasing sales'taxes or property taxes. Minnesota Taxpayers Association - The Associatioh's July 1982 newsletter highlighted the concerns high-valuation rUral school districts have with the present school aid formula. A more thorough study will be printed in the ensuing weeks, according to the newsletter. Association of Minnesota'Counties - The Association is circulating a "concept paper" that would provide that schools would be paid for mainly by state aids instead of the property tax, perhaps shifting more property tax resources to counties and cities as a result. Local government aid and property tax-related credits would be combined .into a single aid package for.cities and counties. The number of property tax classifications would be reduced "to'approximately '10." ~ea~gue o'f Minnesota Cities - Appropriations for local government aid should in- crease at least at the same rate as state revenues, according to the League's posi- tion paper.. The League also asks the Legislature and Governor to "place top prior- ity on comprehensively re-working the state-local fiscal system in Minnesota and clarifying the policy objectives of such a system." The League recommends that levy limits be abolished and that the Legislature allow cities to impose local option taxes on hotels, motels, admissions or amusements. Metropolitan Council - The Council has formed a task force representing regional operating agencies, local government and private citizens to develop' recommendations to the 1983 Legislature on the possibility of regional sources of revenue for region- al functions, including transit, waste control, airports, sports facilities, parks and open space, mosquJte control, solid waste disposal, ride-sharing, highway right- of-way acquisition, and surface water management. Local Government Policy Task Force - The Governor's office, House, Senate and organi- zations representing local governments, including school districts, formed a task force early this summer to "develop alternative proposals for restructuring Minnesota's state-local fiscal system." One idea the task force is exploring is to discontinue financing Schools with the,local property tax, leaving that tax base for cities, counties and townships. Under this idea, the state would not pay local government aid or homestead credit, and there would be no levy limit. Another idea is to allow cities to impose their own sales or income taxes. Some persons close to the task force also are exploring a value-added tax. Minnesota School Finance Conference - A coalition of educational groups representing school boards, teachers, principals, and administrators is sponsoring a conference -4- on August 30 and 31 at Spring Hill, to consider a varietyof issues in ~chool finance that are llkely to emerge'in 1~83. Separately, the Minnesota Association of School Administrators has formed a task force to develop recommendations on state, aids to school districts. Center f.~..Urban a.nd Regional Affairs (CURA) - CURA, lo~ated at the University of Minnesota, is planning to do a major study of school finance. It recentl.y has com- pleted work on the impact of federal and state budget cuts'on local.units of' govern- ment. Hous~ Research - The House of Representatives Research Department has bullt a com- puter 'model to analyze possible changes .in the state-local fiacal system. The model is aval]able for use by any legislator. State Legislative Auditor - The Legis]ative Auditor is conducting a study of state property tax relief programs, including the homestead credit, agricultural credit, renter credit and other circuit-breaker payments. The study is looking at the ad- ministration of the programs. But alternative.ways to provide relief also may be proposed. . Minnesota Department of Revenue - The Department has just completed a repor~ which outlines issues to be considered in d~ciding the fu.ture of the property tax. In a separate effort, the Department is working on implementing recommendations from a task force which urged simplification o~ state income' tax forms. The Department also is .doing research on levy limits and local government aid formulas. · Department of' Energy., Planning & Economic Developmen~ - A legislatively'mandated study'of the differences in tax burdens among Hinnesota border cities and their. neighbors in adjacent states Is scheduled.fp~ completion by January l, l~8~. The Department also is providing staff suppoFt to.the Local Government Policy Task Force in exploring options for non-property ~evenues for local government,- A back- ground report on the state-local fiscal relationship, in Minnesota is being prepared. State Department of Finance - The Department is'preparing a spec'ia1 budget supple- men~ for..l~$3 that will pull together an itemized list of all state funds that go to cities, counties, towns and other local government units, plus all transfer pay- ments to individUa]s and private organizations. Preliminary information from the Department indicates that, in the year endi. ng June 30, I~8l, aids to local units, including all credit payments, totalled $l.9 billion; .aids to individuals, $575 million;aids to non-governmental organizations, $~6 million; and expenditures by state agencies, $I billion. iCitizens Leag.u~.- The League's Tax/Expenditure Committee, chaired by Earl F. Colborn, Jr., is in the )ate stag~s of its work and may report to the League Board in Septem- ber. The report is expected to outline principles which should be preserved.in any comprehensive 'change'|n the state-Iota] fiscal system. The League also has a number of positions adopted in previous years which wii) bear on the discussions in including a proposa] for a metropo)itan.sales tax. league of minnesota oities September 23, 1982 TO: Concerned City Officials FROM: Don Slater, Executive Director Peggy Flicker, Legislative Counsel VITAL NEW INFORMATION cONCERNING 1983 LOCAL GOVERNMENT AID (LGA) CITIES MISLED BY STATE FINANCE DEPARTMENT: LGA FREEZE AT 1982 LEVEL PLANNED On July 16, State Finance Commissioner Allen Rudell sent a memo to all state agency heads which stated, in part, "Total state expenditures for property tax relief and aids to local government must be frozen at 1983 levels through 6/30/87 . . . Increases already legislated for F.Y. 1984 should be honored." (emphasis added) Based on this memo and other statements by finance department officials, the League has been' ad~ing cities that the current state budget.plans and assumptions being prepared for the'next G~nor and Legislature are honoring the state LGA commitment to cities for 1983. We have now learned that this is untrue. The Finance Department is planning to freeze LGA at the 1982~ level° Cities would get no LGA increase for 1983, (Note - The 1982 Legislature appropriated $270 million for LGA for calendar year 1983. (state F.Yo 1984) The Legislature intended each city to receive an 11.3% increase in 1983 over actual 1982 payments. This amount is still nothing more'than the original amount cities planned for and were promised in 1981 and again in 1982.) REVENUE DEPARTMENT NOTICES CONTRADICT FINANCE DEPARTMENT BUDGET PLANS The Revenue Department mailed notices to all cities in July (July 7 and 23)' notifying them of the amount of 1983 LGA they should expect based on the $270 million funding level commitment° In other words, the Revenue Department has told you that you will receive 11.3% more than the Finance Department is planning to pay. Cities have been relying on the Revenue Department information in their budget process. WHOSE WORD SHOULD YOUR CITY BELIEVE? HOW SHOULD YOU PLAN YOUR 1983 BUDGET? Our advice to you now is to continue to rely on the only official word you have received from the state - the July Revenue DePartment letter certifying your 1983 LGA. You should immediately write or c~ll Governor Quie, candidates Whitney and Perpich and your legislative candidates and demand that the state honor its commitment to cities - $270 million in LGA for 1983. The cavalier way in which a state department on its own decided to plan to .e LGA below the level appropriated by the Legislature without even notice or hearing to s is further evidence of the lack of understanding by state officials of local government finance and the lack of concern for the financial integrity of cities. We will have to work very hard to maintain the level of funding cities have been promised. 183univeesiCyavenueeasC, st. paul, m~nnesoCa55101 (612) 227-5600