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82-12-17 CITY OF MOUND AGENDA Mound, Minnesota MOUND C~TY COUNCIL Regular Meeting Tuesday, December 14, 1982 7:30 P.M. - City Hall 1. Minutes of December 7, 1982, Regular Meeting 2. PLANNING COMMISSION ITEMS A. Case 82-154 - David Anderson - 5066 Windsor Road - Lots 14,15,16 & 17, Block 15, Whipple Front Yard Setback Variance MAP 15 B. Case 82-155 - Ron Gehring - 2132 Basswood Lane - Lot 9 & Northerly 32 feet of Lot 10, Block 2, Abraham Lincoln Addition to Lakeside Park Preliminar~ Subdivision MAP 5 C. Case 82-156 - Ron Gehring - (No address) Montgomery Drive at Tuxedo Blvd. - Lots 1-8 & 11-15, Block 9, Avalon Preliminar~ Subdivision MAP 13 3. Mr. Julian'Hook, Attorney for Our Lady of the Lake Church - Re - Lost Lake Property --Meet with Council 4. Proposed Ordinance Covering Subdivision of Duplexes - City Attorney 5. Comments & Suggestions from Citizens Present (please limit to 3 minutes) 6. Application for Gambling Permit (Renewal) -. Northwest Lions Club 7. Purchase of Pressure Washer - SPecialty Equipment Co. - $3,658.50 plus freight - (Purchased from Capital Outlay Fund - Budgeted in 1983) - Dick Schnable 8. Resolution Relating to the Reconveyance of Certain Tax Forfeited Lands Back to the State and Requesting the . County Board to Impose Conditions on the Sale of said Tax Forfeit Lands and to Restrict the Sale to Owners of Adjoining Lands 9. Payment of Bills INFORMATION/MISCELLANEOUS A. Material from Metro Waste Control Commission on Lake Ann Interceptor Sewer Alternate B. Note on Bill Husbands Approval as a Chartered Property Casualty Underwriter C. Letter from M.P.C.A. - Re: Tonka Waste Disposal D Letter from Governor Quie - Re: Local Wellness Councils E. Status Report on Federal Legislation of Interest to Cities- National League of Cities Pg. 2882-2886 Pg. 2887 Pg. 2888-2893 Pg. 2894-2898 Pg. 2899-2905 Pgo 2906-2909 Pg- 2910-2911 Pg. 2912-2914 Pg. 2915-2934 Pg. 2935 Pg. 2936-2938 Pg. 2939 Pg. 2940-2941 Pg. 2942-2944 Pg. 2945-2948 Page. 2881 Page 2 Agenda December 14, 1982 F, Clippings Regarding National League of Cities Conference: ]) "City Official Enthusiastic About Gas Tax Hike" 2) "A Big Jump in Gas Tax" 3) "Cutbacks in Factory Jobs Taking Toll in California" G. Speech - President Reagan - National League of Cities Conference - November 29, 1982 H. Articles on Speech: 1) "No Hagic Wand for Cities, Reagan Warns" 2) "Hayors See Signs of Hope in Reagan's Address" I. Letter from Hennepin County Park Reserve - Re: Capital Improvement Plan J. Article from Hp]s. Tribune - "Tax Increment P]ans D~aws Praise in Eden Prairie" K. L.M.C.D. -'Minutes L. 1983 City of Mound Dock License Approval from L.M.C.D. M. Letter from Sheriff's Water Patrol - Re: Lake Minnetonka Activity During 3rd Quarter - 1983 N. Letter from Hennepin County Dept. of Environment & Energy O. Summary ~ Lake Minnetonka Water Study by the M.P.C.A. P. Report from Gray Freshwater BiolOgical Institute - Re: Lake Water'Quality Q. Lake Minnetonka 1982 Water Levels R. Letter from Hennepin County on Use of Tonka ,Site Pg. 2949 Pg. 2950 Pg. 2~51-2~52 Pg. 2953-2960 Pg. 2961 Pg. 2962 Pg. 2963 Pg. 2964 Pgo 2965-2968 Pg. 2969 Pg. 2970-2973 Pg. 2974-2976 Pg. 2977-297~ Pg. 2980-2991 Pg. 2992 ~g. 2993-2994 Page 2881-a 247 December 7, 1982 REGULAR M£ETING OF THE CITY COUNCIL PurSuant to due call and notice thereof, a regular meeting of the City Council Of the,City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said city on December 7, 1982, at 7:30 P.M. Those pre~ent were: Mayor Rock L~ndlan, Councilmembers Pinky Charon, Robert Polston, Gordon. Swens. on. Councilmember Donald Ulrick was late and arrived at 7:35 P.M. Also present were City Manager Jon Elam, Police Chief Bruce Wold, Finance. Director Sharon Legg, Water Superintendent Greg Skinner, City Clerk. Fran Clark and the following interested citizens: Dick .Bialon,.Hacvey Berquist, Paul Henry,. Mr. & Mrs. John Wagman, Gary Paulsen, Russ Peterson and Carroll Womack.of Avon Township (Rochester, Michigan). The Mayor opened the meeting and welcomed the people in attendance. M I NUTE$ The Minutes of the November 23, 1982, Regular Meeting were presented for consideration. Charon moved and. Swenson seconded a motion to approve the Minutes of the November 23, 1982, Regular Meeting as submitted. The vote was unanimously in favor. Councilmember'Ulrick was. absent. Motion carried. PUBLIC HEARING - STREET VACATION - PART OF SUEGROVE ROAD The Mayor explained that this is a continuation of this public hearlng. He then opened .the public hearing to comments from the public. There were none. The Mayor then read the conditions that the property owner association has agreed willlbe met. They are as follows: a. Associ'ation.will grant an easement to gain access, to Lots 1, 2,.3', 18, 1.9, 20 which .are owned by Mr. Henry and MK. Berquist. Mr. Bialon wI'll .give an easement to.the City for access to other homeOwners. c. Mr. Berquist will giv~ an easement to Mr. Henry to gain access to Lots 1, 2, 3, 18, 1'9 & 20. d. Ali easements,-quit claim deeds, etc. will be approved by the City of Mound. Counciimember Ulrick arrived. The City Manager reported that the City Attorney has suggested the following in addition to the above: 1. That the City also received the easement on the Bialon's property. 2. That the City not issue a final resolution until it receives the easements and they are recorded. 3. That there be a summary abstract from the Bialons proving the Bialon's ability to grant an easement. There was discussion by the Council and the property owners on how to make this vacation without land'locking any lots by retaining the street easements to certain portions of Sulgrove Road. Polston moved and Swenson seconded the following resolution. 2A8 De~ember' 7, 1982 RESOLUTION #82-306 RESOLUTION APPROVING THE VACATION OF!SU.LGROVE ROAD IN FRONT OF LOTS 13, 14, 15 & 16, BEOCK'.28, WHIPPLE WITH THE STIPULATIONS PROPOSED BY THE HOMEOWNERS ASSOCIATION AND THE CITY ATTORNEY BUT RETAINING THE STREET EASEMENTS FOR SULGROVE ROAD IN FRONT OF LOTS 12, 13, 17, 18, 19 &20, BLOCK 28, WHIPPLE The vote was unanimously in favor. WATER FUND REPORT Motion carried. The City Manager explained the present position of the Water Fund and where it will be when Tonka leaves the City. It appears ~hat the City will have to generate about $60,000 in revenue in 1983 to cover the projected expenses. There was discussion on the painting and relining of the two water towers that is projected in the 1983 budget. Council- member Polston stated that he wou]d like to see the towers done in different years if the staff thinks doing both would short the fund. The.staff will hold off on any decision to do the towers until mid. 1983. 'The'City Manager explained that the study of the water rates that has been done indicates that the City will have to raise its rates about 20~ in order to meet'the expenses. The loss of revenue from Tonka is': the cause of this shortfall. The Manager explained that the cost of producing the water will not change when Tonka leaves the City. The Council discussed increasing the water rates now or.waiting until a later date. The Ci. ty Manager gave the foJlowing comparison of the.existing and~proposed water rates: EXISTING O - 6,000 gallons 6,O01 - 24,000 gallons 24,OO1 - 44,0OO gallons 44,001 and over COST $6.00 ($1 .O0/1000 .ga 1.1OHS · 60/1000 gal:Ions . .55/1000 .gallons .45/1000 gal lons PROPOSED .$ .80/1000 gallons .80/1OO0 gallons .80/1OOO gallons .80/1000 gallons. Also Proposed is a basi6 $1.00 per month service charge ($3.00 a quarter) that would cover basic Water Department overhead. This'increase, if' implemented now,. would generate the funds necessary to carry the Water Dept. through the 1983 calendar year. Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-307 RESOLUTION TO.APPROVE THE WATER RATE INCREASE AS PROPOSED STARTING JANUARY 1, 1983 A roll call vote was 3 in favor with Councilmembers Polston and Swanson voting nay. Motion carried. WATER METER DISCUSSION The City Manager introduced Mr..Carroll Womack of Avon Township (Rochester, Michigan) who is the Water Superintendent. He is here to review his experiences and the decision making process they used to select meters. He explained that they had several problems, a water loss of 20% which they could not put anyWhere else but on the water meters, they had 7 or 8 different kinds of meters at that time, they had switched from a ground water system to buying water from Detroit, they did not want to have to 249 December 7, 1~82 read meters m~nu~ll¥. They are presently using a cassette tape reader and will eventually be reading the 9000 plus meters by cable T.V. There was discussion on the differences in meters.that we presently have and what meters are available for future use. Also discussed was the difference between the 2 wire and 3 wire systems,and which one would be the best for the City of Mound. Greg Skinner, Water Superintendent, woUld like to stay with the twO wire system, replace the bad Neptune meters with Badger meters and continue to use the-Badger meter. He stated he has had the best performance from the Badger meter which'is a two wire system and if the City went to a three wire system all.the homes (approximatel~ 2,300) would.have to be rewired fo~ the 3 wire system. There was more discussion on the 3 wire system as a way to look toward the'future and a possible savings in costs years down the )ine. % There were several motions made and seconded, and withdrawn. Councilmember Ulrick moved and Charon Seconded a motion stating that the City adopt the policy decision to'change to a 3 Wire, water meter system. The roll call vote was 4 in favor with Mayor Lindlan.voting nay. Motion carried. · Ulrick moved and Charon seconded a motion directing the staff to obtain quotes onla 3 wire water meter system to replace the present' 2 wire system... The vote was 4 in favor with Mayor Lindlan voting, nay, Motion carried. Mayor Lindlan stated that he voted nay because he felt we should go back to the City Attorney and get an opilnion on the bid proC'ess' % The Council thank Mr. Womack for Sharing his expertize with them, SEWER. FUND The City Mana. ger repor-ted on the Sewer Fund and stated that with the raise in .rates we did at the end of 1981 we should have no.need to increase the rates in.1983. He then' reported that an error was found in September of this year which resulted in Tonka Toys not.being'billed an..estima~d $351]/397.in sewer: charges from December, 1977 through August, 1982. The Council discussed this loss and directed the staff to refer this to the City Attorney to see if it could be collected now. The City Manager stated that the Finance D~rector. has. asked thaz an amendment be made to Resolution #81-404 whip'ch increased the sewer rates for 1982. One part presently reads as.follows:. "Single Family Dwelling -. The sewer billing for all four (~) quarters be based on the amount of water used the 1St quarter,"' Proposed to read: "Single Family Dwelling - The sewer rate shall be based on the actual water usage or the first quarter actual water usage, whicheve~ is less," Charon moved and Polston seconded the followi'ng resolution, 250 December 7, ]982 RESOLUTION'#82-308 RESOLUTION AMENDING RESOLUTION #81-404 RELATING TO THE SEWER RATE INCREASE The vote was unanimously in favor. Motion carried. M.S.A. MAINTENANCE FUNDS The City Manager explained that in order to request additional M.S.A Maintenance Funds for 1983, another resolution should be adopted. Swenson moved and Ulrick seconded the following resolution. RESOLUTION #82-309 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - PRELIMINARY SUBDIVISION AND CONDITIONAL USE The City Manager explained that the City Attorney has advised that if we are going to allow conversions, of'duplexes t° condominiums we need to amend the Zoning Ordinance to cover these. He will be s~bmitting information on what should be included in this amendment. In order to allow Mr. Meinhardt to move along on his subdivision we can incorporate the things that will be in'the amendment to the Zoning Ordinance into the conditions of his subdivision and then work on amending the Zoning Ordinance for future subdivisions of this type. Ulrick moved and Swenson seconded a motion to set the public hearing date for the preliminary subdivision and conditional use of Ben Meinhardt for January 4, 1983, at 7:30 P.M. The vote was unanimously in favor.. Motion carried. PURCHASE OF 2 SQUAD CARS - HENNEPIN COUNTY BID Police Chief Wold explained that si.nce we awarded the bid'for 1 squad car to Superior Ford in Resolution #82-276, Hennepin County Purchasing has let their bids and awarded the contract to Jerry Palmer.'s Southdale Ford. If we go with Hennepi6 County,'the City can save $1,091.18 per car. Superior Ford has agreed to let us cancel our order with them to take advantage of the savings. We had budgeted 1 car in. 1982 and 1 in 1983 so he is recommendiEg that we purchase two at one time through Hennepin County. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-310 RESOLUTION TO APPROVE THE PURCHASE OF 2 SQUAD CARS ON THE HENNEPIN COUNTY BID AND RESCINDING RESOLUTION NO. 82-276 The vote was unanimously in favor. Motion carried. 251 December 7, 1982 ARCADE The City Manager explalned Shat the applicant, Tom Watson, has withdrawn this item from the Agenda. INFORMATION/MISCELLANEOUS A. LETTER TO N.R.A. - supporting the Metro HRA Mortgage Revenue Bond Program that is proposed, PLANNING COMMISSION RESIGNATIONS.~ 3 resignations have been received: Russ Peterson, who will become a Councilmember January 1; Roy O~Donnell; and Bud Stannard. An ad has been'placed in The Laker asking for candidates for the Planning and the Park Commissions. C. GAMBLING REPORT - AMERICAN LEGION POST #398 - report for month ending November 2~, 1982. D. Calendar for'December. The Council and the City Manager'briefly.discussed the state and loca1 financial crisis and the special-legislative session going on at the State Capital. Polston moved and Ulrick seconded a motion to adjourn.at 11:40 P.M. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager Fran Clark, City Cl~rk O~o~ro Case No. 82-15~ CITY OF HOUND Hound, Hinnesota Planning Commission Agenda of November 2~, 1~82: Board of Appeals Case No. 82-154 Location.- 5066 Windsor Road Legal Desk.: Lots 14, 15, 16 & 17, Block 15, Whipple Request: Variance Zoning District R-2 Applicant: David Anderson 2220 Melody Hill Road Excelsior, MN. 55331 Phone 474-0043 The applicant is requesting to remodel an existing .structure which is 16 feet at its closest point to a platted and unimproved Windsor Road and Cobden Lane. The structure has been abandoned for several years. He in- tends to add an addition to the structure which w?ll exceed the ordinance setback requirements. His remodeling will bring the entire structure to present building code minimum standards. The Zoning Ordinance states the minimum setbacks on a corner property to be 20 feet setback with a sideyard of 6 feet and a rear yard'of ]5 feet for the R-2 zoning district. The height and bulk of the structure meet minimum re- quirements as well as lot area (site size is 10,400 square feet).' Recommend: In Order for the structure to be improved and the structural repairs necessary to make the building habitable, a variance of the non-conforming setback is required. I feel after discussing his plans with Mr. Anderson, that a variance could be granted. His future site plan would be the replatting of the area East of the present improved Windsor Road to allow better access to several more building sites at Block 15 and )6, Whipple Addition. J~ Bertrand Building Inspector Case No. 82-154 Street Front Variance of 4~ feet on an existing structure &.to : .allow a conforming addition - 5066 Windsor Road .- ' Lots 14, 15, 16 and 17, Block 15,.Whi. pple David Anderson was present. . r-.[. ~ The Building Inspector explained this property is'part of the Hiller Estate and~'' Mr. Anderson is interested in renovating the structure and adding an addition. The~t~-g structure is 16 feet. mt it's closest point to platted but unimprove? streets; the proposed addition will meet all setbacks. Stannard moved and Jensen seconded a motion to recommend approving the proposed addition to the existing house. The vote was unanimously in favor. CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Case No. 82-154 Fee Paid 35.00 Date Filed 1]-22-82 1. Street Address of Property Legal Description of PropeF'ty: Addition ~c,,/~z~ Lot /_5~ / ,~': / ~, -~ /'7 PID No, Block /,.~ 25-117-24 12 0118 Owner's Name Address · ~--/~ Day Phone No. 4. Applicant (if other than owner): Day Phone No. ~/7~-0t9~/~ AddresS~~ Type of Request: (J~ Vari'ance ( ) Conditional Use Permit ( ) Amendment ( ) Zoning InterpretatiOn & Review ( ) Sign Permit (') Wetland Permit ( ) P.U.D. ( )*Other' *If other, specify: Present Zoning District 7. Existing Use(s) of Property Has an application ever been made for zoning, variance, or conditional use 'permit or other zoning procedure for this property? /~/'~ If so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any'required papers or plans to be submitted herewith are true and accurate. I consent t'o the entry in or upon the premises described in .this application by any authorized official of the City of Mound for the' purpose of inspecting, or of posting, maintaining and removing such notices as may be required ~y law. ~ , Signature of Applicant ~/~~~../~~z~ ' Date /////~'"'/~.. Plannlng Commission Recommendation: Approvihg the proposed addition to the existinq heuse. Date 11-29-82 Council Action: Re§olution No. Reguest for Zoni.ng variance Procedure (2) Case # 82-154 D. Locatlon of: Signs, easements; underground utilities, etc. ; E. Indicate North compass direction · F. 'Any additional information as may reasonably be required by the City Staf~ and applicable Sectlons of the Zoning Ordinance. !11. Request for a Zoning Variance ' A. All Information below, a site plan, as described In Part I!, and general . application must be provided before a hearing will be scheduled. Does the present.use of the property'conform to all use regulations for the zdne district In which it is located? Yes ~x~ No ( ) 'If "no", specify ea~H non-conforming use: Ce Do the existing 'structures comply, with all area he!ght and bulk.regulations for the zone district In'which i't is.located? Yes..~;:~. No' ( ). If !'no", specl.fy 'each non-conforming use: D'~ .Which unique physical characteristics of the subject property prevent its ~easonable use for any of the.uses.permitted In that zoning district? ( )..Too narrow (.) Topography ( ) Too. small ( ) Drainage.. (.) Sub-surface. ( ) Too shallow (.) Shape' CX~ 'Other: Specify: E..Was the hardship described abov~ created by the action of anyone having property Interests in the land after 'the Zoning Ordinance Was adopted? Yes ( .)' No ~ if. yes, explain: " F. Was the hardship created by'any'other man-made change', such'as the reloca- tion of a road? Yes (~><~ No ( ) If yes, explain:- Are the conditions of hardship for'which:you request a variance peculiar only to the property described in this petition? Yes I'f no, how many.other properties are similarly affected? He What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, Using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) Will granting of the variance be materially detrimental to'property in the same zone, or to the enforcement of this ordinance? RO~ DRUi,~MOND WINDSOR ROAD WATERBURY' PHELP: 'ROAD IRY *. ,O~q) .,." / / / .(_AGE C,F Idt)b!,i, .,.'¢}LLAGE OF /,iiff,;;L Irtlb; 4' '~' · O' o .o oA/ .0£ Proposed resolution Case #82- 154 RESOLUTION NO. 82- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A FRONT YARD 4 FOOT VARIANCE AS REQUESTED FOR LOTS 14, 15, 16, 17 BLOCK 15, WHIPPLE ADDITION (5066 Windsor Road) WHEREAS, the owner of property described as Lots 14, 15, 16, & 17, Block 15, Whipple Addition, PID NO. 25-117-24 12 0118 has requested to remodel an existing structure which is 16 feet at it's closest point to a platted and unimproved Windsor Road and Cobden Lane right-of-way and to which he also intends to add an addition to the structure which will meet zoning ordinance setback regulations, and WHEREAS, the City Code requires a prinCipal structure to be set6~c~ 20 feet to the front property line in the R-2 zoning district, and WHEREAS, the present structure predates the setback zoning regulations and is an existing non-conforming use which requires a variance approval before structural repairs are commenced, and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; that the variance is necessary for the preservation and enjoyment of a substantial property right; and that granting the variance will not be detrimental to the public welfare or injurious to the other property owners, and WHEREAS, the Planning Commission recommended approval of this variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the City Council does hereby concur with the Planning Commission recommendation to approve the front yard 4 foot variance as requested for Lots 14, 15, 16, 17, Block 15, Whipple Addition (5066 Windsor Road) Case No. 82-155 CITY OF HOUND Hound, Hinnesota Planning Commission Agenda of November 2~, 1~82: Board of Appeals Case NO. Location - Approximately 2132 Basswood Lane Legal Desc.: Lot ~ & Nly 32 Ft. of Lot IO, Block 2, Abraham Lincoln ~ddition to Lakeside Park Request: Pre-)~q~ri~Subdiv)sion - Final Zoning District Applicant: Eon Gehring 3215 Charles Lane Phone 472-3557 The applicant is requesting to divide the above described site to create two single family sites with 7,425 square feet eaqh. The R-3 Zoning District minimum lot size is 6,000 square feet for a single family dwelling and 12,OOO square feet for a two-family dwelling. Recommend: I would recommend preliminary subdivision approval conditional upon: l) A new survey be submitted at the time of final approval with *the proper legal, descriptions, correct placement.of property monuments, lot areas, and elevations noted. 2) 'Building setbacks and area to comply with the Zoning Ordinance minimums. 3) The newly created building site pay or be assessed any additional street unit charges in the amount of $ None . 4) All property owners with financial interest sign for subdivision approval. 5) Failure on the part of the petitioner to submit a final plat of the lot-split per Section 22.13 within one year from the date of this preliminary approval shall deem the preliminary approval null and void, unless a written extension is applied for and approved. Case No. 82-155 Prelimi'nary Subdivision of' property at approximately 2132 Basswood Lane Lot ~ & Nly. 32 Ft. of Lot.lO, Block 2, Abraham Lincoln Addition to Lakeside Park Ron Gehring was present, requesti.ng the subdivision so each'of the propose~ sites will be of conforming size to the City Zoning Code. Stannard moved and Vargo seconded .a motion to' recommend the approval of the subdivision as requested and further that it be for final approval. The vote was unanimously in favor. APPLICATION FOR SUBDIVISION OF Sec. 22.03-a VILLAGE OF MOUND LAND Case No. 82-155 FEE $ -~,-~'. O o FEE OWNER PLAT /.3 PARCEL Location and complete legal description of property to be divided: To be divided as follows: ~tL~o .~rc~l/_~ O~~ ~ I(2...E' ale drawing showing adjacent streets, dimension of proposed. foot area of each new parcel designated by number) Square feet TO Square feet TEL. NO. DATE signed by all the OWNERS of the property, or an explan- the case. rlON: DATE CARDARELLE & A$:~OCIATE$; INC. 5440 FLYING CLOUD DRIVE 041-30~ LAND SURVEYORS EDEN PRAIRIE, MINN. S&.q44 CERTIFICATE OF SURVEY Case No. 82-155 .--I/2,5 - -II;.,5 - ?1 I0 II 12 · $7 .8 ~. ,,~ o '40 ~8 7 8 (~,,') . 46 - I -/ -k,- 15";:]' . :, '7N3 6 -. Proposed resolution Case #82-155 RESOLUTION NO. 82- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION FOR LOT 9 & Nly. 32 FT. OF LOT 10, BLOCK 2, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK (approximately 2132 Basswood Lane) PIN #13-117-24-32-0010 WHEREAS, the final subdivision of Lots 9 & Nly. 32ft. of Lot 10, Block 2, Abraham Lincoln Addition to Lakeside Park has been submitted in the manner required for subdivision of property under the City of Mound Ordinance, Section 22.00 and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly conducted thereunder, and ,x~WH~S,~a waiver has been granted by the City Council and the Planning Commission '~ has'reviewed the request, and WH~AS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of ~is land; that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: A. Final subdivision request #82-155, Ronald S. Gehring, be approved upon compliance with the following conditions. The 16 feet being divided from the northerly portion of Lot 9, Block 2, Abraham Lincoln Addition be combined with Lot 8 PIN #13-117-24-32-OO09' New surveys be submitted with the proper legal descripti.ons, correct placement of property monuments, lot areas, and building setbacks elevations noted. 3. No additional street unit charges were. found to'be owing. 4. All property owners with financial interest must sign. subdivision approval. for B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner(s) and subdivider(s) after completion of requirements, for their use as required by M.S.A. 462.358. .X~~at by Resolution #82- , it was determined that there are ~ ~ X~special circumstances affecting said property and that a waiver was granted under City Code Section 22.00. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this resolution in the Office of the Register of Deeds or the Registrar of Titles of Hennepln County to show compliance with the subdivision regulation of the City. Case No. 82-156 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of November 29, 1982: Board of Appeals Case t~o. 82-156 Location - Montgomery Road & Tuxedo Blvd. Legal Desc.: Lots 1-8 & 11-15, Block 9, Avalon including 1/2 of vacated Glamor- gan Road Request: Preliminary Subdivision Zoning District R-3 Applicant: Ron Gehring 3215 Charles Lane Phone 472-3557 The applicant is requesting to divide the present 13 lots to create 7 parcels. The lot areas noted are Parcel A - 7,8OO~ square feet with the road easement for Tuxedo Boulevard removed; Parcels B, C and D of 5,8503 square feet with the 'road easement for Tuxedo Boulevard removed; Parcel E of 7,200 square feet; Parcel F of 6,3425 square feet; and Parcel G of 7,440± square feet. The applicant is requesting an interpretation of the Zoning Ordinance on two matters of importance. One, can you improve Site "E" with only a private access easement instead of a public dedicated easement? Zoning Ordinance, Section 23.403 states "Existing Lots of Record" "A lot of record in a resi- dential district may be used for single-family detached dwelling purposes provided the area thereof meets all setback and minimum lot area requirements of'this Ordinance, provided: (1) it has frontage on Qn improved public right-of-way.. (2) it was under separate ownership from abutting lands upon or prior to the effective date of this Ordinance. Subdivision regulation, Section 22.23 "Access - There shall be no reserve strips controlling access to streets, except where the control of such strips is definitely placed in the City under conditions approved by the Commission. The subdividing of the land shall be such as to provide each lot, by means of either a public street or way or permanent easement, with satisfactory access to an existing public highway or to a thoroughfare as shown on an official map or master plan." Secondly, should the street right-of-way for parcels, "A", "B", "C" and "D" be included in the lot area calculations? Zoning Ordinance definitions, Sec- tion 23.302(59) "Lot - A parcel of land, abutting on a public street or having legal access to a public street, being a lot designated in a recorded.plat or a division, or being a parcel of record of sufficient size to provide the yards required by this Ordinance." Section 23.302(64) "Lot Line - The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for applying this Ordinance." Section 23.302(121) "Yard, Front ; A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located." Case No. 82-156 Plannin9 Commission Agenda of November 29, 1982: Case No. 82-156 Preliminary Subdivision - Page 2 The applicant is requesting that the waiver provisions of City Code Section 22.00 apply to his subdivision request. City Planner, Rob Chelseth, will be sending his recommendation. The abutting neighbors have been notified. Jan Bertrand Building Inspector JB/ms Case No. 82-156 Preliminary Subdivision for property at'Montgomery'Road and Tuxedo Boulevard Lots 1-8 & 11-15, Block ~, Avalon including 1/2 of vacated Glamorgan Road Applicant, Eon Gehring, was present and also present were 'James Evenson and R. W. Smal'lwoOd~ owners of 2879 and 2875 Tuxedo Boulevard (Lots'IS-22, Block 10, Avalon and all of vacated Montgomery Road) i Discussed request-and ordinance at length.'.Two main issues.are 1.) should .theI street right-of-way for Parcels'A~ B, C and D be included, in the lot'area calculations and 2) can Site E be improved with only a private access easement instead of a publ'ic dedicated easement? Stannard.moved and Jansen.seconded a motion to recommend approval.of sub- division providing proper.access to.,Lots 7 &'8 (Parcel E) can be obtained that meets the City's approval and the lot sizes be allowed to include that strip of greeo area between the right-of-way and the back base of bituminous walkway. Discussed alternatives. Owner w~shes tO.have legal descriptions'.that are not lengthy and cumbersome. He wants to put 2 uni. t townhouses on.each of the three parcel combinations A & B, C & D and F.& G, with zero lot.lines.and to use Parcel E for a single ~amily dwelling. Discussed trying to'get a 25 foot wide portion of Montgomery to Lot 8 rededi'cated as'street right-of-way. Maker and seconder of the mot[on amended the motion to.allow the division of Parcels A & B and F.& G to put 2 unit townhouses on these parcels with zero lot lines and to put a hold on Parcels C, D and E until access to/or use of Parcel E is resolved. The vote on the motion as amended was unani- mously in favor. ' ' Case No. 82-156 R APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND ..~. FEE FEE OWNER PLAT 3 7~..~--0 PARCEL I?- 117- 2_ 31 O0'-').~_ ~7:.. Location and complete legal description of property to be divided: ZONING To be divided as follows: 'e"- ~.o'/'Z ~J '/'Ac No,'"thec,.s"t'er-I:y ?:z. ,~F loi's .5-+ (o '¢" '+~e /Vo,.-'t-A eo-x'fe71y ,*:z o,c '(attach sLfrvey or scale drawing showing adjacent streets, dimension o~ proposeo building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Square feet Reason: APPLICANT ADDRE~ Applicant'sinterestintheproperty: (signatur~ This application must be signed by all the OWNERS of ~he property, or an explan- a,ion given why this is not the case, PLANNING COMMISSION RECOMMENDATION: STRATFORD .% PLANNING AND DEVELOPMENT SERVICES, INC. 529 South Seventh Street Suite 535 Minneapolis, MN 55415 612.332-4166 TO: FROM: DATE: SUBJECT: Case No. 82-156 Mound City Planning Commission Rob Chelseth, City Planner~ November 23, 1982 Preliminary Subdivision Application Request of Ron Gehring The Gehring preliminary subdivision request includes a proposal to create new lots with street frontage on Tuxedo. The applicant proposes to include a portion of that area located within the Tuxedo Street right-of-way easement in calculating total lot area for the lots fronting on Tuxedo. In discussions with Mr. Gehring on November 23, 1982, I raised several points in the zoning ordinance which lead me to believe this procedure is against the spirit and letter of the code. Specifically, 23.302 (61) Lot Area) Minimum defines a lot as the horizontal plane bounded by the lot lines. Section 23.302 (64) Lot Line defines a lot line as follows: "The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for applying this ordinance". This definition, as it currently exists in the Zoning Ordinance, apparently contains a typographical error or inadvertent ommission. I believe the definition was intended to read as follows: "The property line bounding a lot except that where any portion of a lot extends into the public right-of-way, the lot line shall be deemed to be the boundary of said public right-of-way for the purpose of applying this ordinance". This interpretation is further reinforced in Section 23.302 (121) Yard, Front, which states that a front yard is measured along the side lot lines from the abutting street right-of-way line. In other words, the Yard, which is the open.space on a lot, is not to be calculated using area located in a street right-of-way. In this particular' case, it is also important to note that Tuxedo has a total right-of-way of 60 feet, a standard, if not slightly smaller, right-of-way for a road of its size and classification. Thus the right-of-way is not unreasonable in size or dimensions. Furthermore, given the applicants land holdings, sufficient area exists within the parcel to create lots which conform to the minimum lot area requirements without u~ing right-of-way land by moving the proposed lot lines. In this way a conforming subdivision could be accomplished without a variance or use of right-of-way. For the reasons outlined Jbove, it is my recommendation that the applicant be requested to not use land area located within the city's street right-of-way in calculating the total lot area necessary to meet the minimum requirements of the code (6,000 square feet). Varying from this stance will open the city to many potential requests from future applicants seeking to use city rights-of-way, that have been obtained for important public purposes, for advancing private proposals. klw Case Proposed Resolution 82-156 RESOLUTION NO. 82- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A PRELIMINARY SUBDIVISION OF LOTS 1-8 and 11-15 INCLUSIVE OF BLOCK 9, AVALON INCLUDING 1/2 OF ADJACENT VACATED GLAMORGAN ROAD WHEREAS, an application to waige the 'subdivision requirements contained in Sectlon'22.00 of the City Code has been filed with the City of Mound, and WHEREAS, said request for a waiver has been reviewed by the Planning Commission and City Council, and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detr:imental to the public welfare or injurious to the other property owners, and WHEREAS, the purpose of said subdivision is to create parcels for construction sites of double bungalows and/or single family zero lot line twin townhomes.id'the R-3 zoning district with the lot area to include the green area behind the bituminous sidewalk, and WHEREAS, the original request has been revised .from the original application to have preliminary subdivision approval for the described Parcels of "A", "B", "G", and "F" at this time, andl WHEREAS, the Parcel of "E" does not front on a dedicated public right-of-way the applicant, Hr. Ron Gehring, will.later request the divisions of Parcel "E", '"C",, . and "D" as described on the application, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOUND, MINNESOTA: The request of Ronald S. Gehring for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide the property of less than five acres, described as PIN 19-117-23-31-0022 is hereby granted preliminary approval upon the following Conditions: 1. The division include Lot 1 and the NEly. 1/2 of Lots 14 & 1:5, Parcel A Lot 2, and the SWly. 1/2 of Lots 14' & 15, Parcel B SWly. 1/2 of Lots 11, 12, & 13 , Parcel F NEly. 1/2 of Lots 11, 12, & 13 , Parcel G A new survey be submitted at the time of final approval with the proper legal descriptions, placement of property monuments, lot size, building setbacks with elevations noted. 3. The newly created building sites pay or be assessed any additional street unit charges in the amount of $ ~O1~ · 4. A11 property owners with financial interest sign for subdivision approval. Failure on the part of the petitioner to submit a final plat of the subdivsion per Section 22.13 within one year from the date of this preliminary approval shall deem the preliminary approval null and void, unless a written extension is applied for and granted. A. THOMAS WURST. P.A. CURTIS A. PEARSON, P.A. JOSEPH E. HAMILTON, P.A. THOMAS F. UNDERWOOD, P.A. JAMES D, I.ARSON, P.A. JOHN J. BOWOEN LAW OFFICES WURST, PEARSON, HAMILTON, [..ARSON ~k UNDERWOOD I 100 FIRST BANK PLACE WEST MINNEAPOLIS. MINNESOTA 554.02 December 7, 1982 TELEPHONE 1612) :338-4200 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Ms. Jan Bertrand, Building Inspector City of Mound 5341 Maywood Road Mound, MN 55364 Re: Duplex Divisions Dear Jon and Jan: I have talked with both of you on the phone about some of the problems that go with dividing duplexes into two separate units. The advantage is home ownership for each party. The potential disadvantages or: problems to the City relate to inability of the neighbors to get along; problems with sewer, water, fire walls, etc.; and what 'happens if the property is destroyed. You then have two under-sized properties and separate ownerships. I am enclosing herewith an ordinance I prepared a couple of years ago for another community which was faced with the same.problem. It would be my recommendation that IF the City Council and the Planning Commission want to proceed with this type of program, they seriously consider adopting an ordinance with controls and regulations which would be applicable to all. I therefore think that you may want to refer this to the Planning Commission and/or the Council for their consideration. V~ trulyl, yg~s, ~ CAP: ih Enclosure Subd. c ~ (e) (e) All driveways and parking areas shall be surfaced with a permanent hamd surfaced material. Two Family Dwellings may be divided into single parcels of record with__.the__par_ty wall acting as the dividing lot line subject to the-following cond itions: Ca) Each of the lots created in subdividing lands on which a two family structure is located shall be equal in area or as near equal as is reasonably possible. Each lot so created shall contain no less than 1/2. the minimum land area requirement for a two family dwelling~ and shall be shown on a registemed suzwey. (c) Except for setbacks along the common property line, all other setback and yard requirements shall be met. Cd) Separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone and other util~t les. (e) The two family units, either existing or proposed, must be constructed in a side-by- side manner. To protect the safety and prope-~ty of the owner and occupants of each individual unit, no existing duplex structure may be split into two separate ownerships unless and until the' common party wall fi~.e_ratin~, iS brought up to new construction standards contain-ed"--~n the Uniform Building Code ~(UBC.). which currently requires a one hour rati.ng for the party wall and no openings._ shall be allowed in the party wall. Party walls must provide sound transmission control ratings as per appendix chapter $5 of the UBC. (g) · The owner of property to be subdivided shall execute and record at their expense a · "Declaration of Covenants, Conditions and Restrictions" as prepared by the City Attorney. Said document is necessary to protect the rights of the individual owners sharing a single structure and the public as it relates to maintenance, repair and construction in case of damage to the original structure. Section 366.06 (5) added by Ordinance ~,1979-3 09 (A) Section 366.06 Subd. c 5 (g) The declarati0ns, covenants ~ conditions and restrictions shall provide protection To The property owners and The City on the following subject s: 1) Building and Use restrictions. 2) Party Walls. 3) Relationships among owners of adjoining living units and arbitration of disputes. The intent of these regulations are to promote harmony between the neighbors sharing a single structure and To protect the City and neigh- borhood from improper maintenance and/or dis- putes such as the roi.lowing examples: one living unit being painted one color and the other unit having a different color or one side of The structure having one roof color and type of roof and the other side being of a different type and color.. The City is concerned that all such disputes be avoided and that the regulations contained herein are designed to establish The rights of the parties prior to their entering into joint ownership of one structure. The City shall be a beneficiary of these declarations, covenants~ conditions and restrictions. The authority To divide a single 'structure containing two dwelling units shall be subject to Section 345 of the City Code relating to park dedication and other subdivision require- ments and the City Council may impose other reasonable conditions. d~/ ~ermit~ed Accessory Uses. Within any "R-~" District ~ ~llo~ng use~be per~s: (1) Permit d~.~a6cessory ses s provided and regulated in Section 366.05(d) except as modified herein. (2) (3) Private garages, parking spaces~qn~ earxports for passenger cars and for one tr~ at not ~qre than ? 9,0~ted caPac~ _ ~Roa~ide stand~f~e~ng of horticultural ..~ as . Section 366.06 c (5) (g and h) added by Ordinance #1979-309(A) Section 366.06 Subd. e lot APea, Height, Lot Width and Yard RequiPements. (1) No Pesidential st~uctuPe shall exceed two (2) stoPie s. (2) (3) A side yard abutting a public might-of-way (stPeet), shall not be less than twenty (~) feet in width. The following minimum PequiPements shall be obsePved subject to additional Pequirements, exceptions, and modifications set foPth in otheP sections of this oPdinance. Minimum Lot APea ~OOO (Single Family Detached): ~ sq. ft. Minimum Lot Area (Two Family Dwelling): FoP lots of recoPd as of 2/1/1980 One-half of a two family dwelling 10,800 sq. ft. $,~00 sq. ft. Minimum I~Dt Area (Two Family Dwellings): FoP all new lots of recomd after 2/1/1980 One-half of a two-family dwelling to be subdivided 16,200 sq. ft. 8,100 sq. ft. Minimum Square Footage per Family Unit (Townhouses and Multiple Family Dwelling: sq. ft. Minimum Lot Width (Single Family Detached): ft. Minimum Lot Width (Two Family Dwelling): For lots of record as of 2/1/1950 Each half of a two-family dwelling to be subdivided 80 ft. ~.0 ft. Minimum Lot Width (Two Family Dwelling): For all new lots of record after 2/1/1980 One-half of a two family dwelling to be subdivided 120 ft. 60 ft. Section 366.06 Subd. e amended by 0~dinance ~197 9-3 09 (A) CITY OF MOUND Mound, Minnesota APPLICATION FOR GAMBLING PERMIT $15.00 Single Permit Northwest Tonka Lions Name of organization Minnesota ~ a non-profit Mound Address organization, hereby applies for an annual gambling permit. annual/single occasion Date to be used ~l~ 1982 eh~3~ugh ~ 1983 Phone Number of Organization 472-4272 Date Organization was organized August 30, 1950 Purpose of Organization Promote civic, social' and moral welfare of the community. Type of Gambling to take place: Paddlewheel Yes No Tipboard Yes No Raffle Yes x No X X Location of Gambling: Address: 5600 Lynwood Boulevard, Mound, Minnesota Name of Building Owner Westonka School District Is the building owned or leased by the organization Date ownership was acquired If leased, expiration date of lease May 1983 (Copy of lease must accompany application) Gambling Manager: Name of Gambling Manager Stan Drahos Leased Home address Mound, Minnesota Home Phone 472-2092 Is Gambling Manager an active member of organization y~.s (Required) Date membership acquired October 1981 Is Gambling Manager paid by the organization for handling the gambling No (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager $10,OOQ (At least $10,000.) Name of Company furnishing Bond State Farm Insurance agree to file a copy of the bond with the City Clerk. and we Name of Bank where gambling funds will be kept State Bank of Mound (2) Bank Account Number for gambling funds Are funds in the above account mixed with other funds (Answer must be "No"} nO AGREEMENT The Northwest Tonka Lions hereby agrees that if the license herein. Name of Applicant is granted that the Northwest Tonka Lions will save the City, its'officers Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any of ~he activities authorized by the license. It is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the ordinance and the No~hw~ m~n~ mii~n~ Name of Applicant hereby authorizes the Bank named above as the keeper of gambling funds to allow the City access to the figures and activity of account number 190892 lliSted above. . Signed by/?authorized_Officer of Organiz. atio~n · ,Titl / Date / ~//~/~'~_.-- . / The above application is made on behalf .of the Northwest TOnka L±ons and al.1 information given herein is true and correct to the best of my knowledge and belief. / ~i g'na t u r-ex Annual Licenses: Expire on January 31 of each year. Fees are not prorated for licenses purchased after February 1. tl3HSVM ;UnSS Ud H )IH ~I;]VIUOd au!6u;i au!!ose~) 7 REASONS TO OWN SEC PORTABLE PRESSURE WASHER time it .takes where ._..;; '4. Mi~ii~iize ':: -. Usinga high pressure, Iow system, the SEC.pressure Washer''bses - chemistry to get the job done. You :.' solvents orw. ax iniected into the Take it where you n~d it~even in a s~tion wagon. -- -' Do away with caustic soNents .... eliminate respiratom and breathing SPECIALTY EQUIPMENT COMPANY INC. 7721 Pillsbijry Ave. So. Minneapolis, Minn. 55423 Phone (612) 861-7491 EQUIPMENT ' , COMPANY INC. Manufacturers of Hi Pre.ute Cteanin9 & Car Washing Equipment Di~ributor~ of Specialty Equipment. Chemicals & Supplie~ · 7721 Pillsbury Ave. So., Minneapolis, MN 55423 - Phone (612) 861o7491 Minnesota Wats 800-762-3754 · National Wats 800-328-2747 Sold %o: CZCy o: Motnm'ct ATTN: Mr. Dick S'6hnabel Date 12-02-82 $$reet ~ 5341 Maywood Phone 472-1251 ~ity Mound State MN Zip 55369 Deposit with orderS Ship %o: Balance S.D.B.of L. Street Bank Ci%~, State Zip Ctt~. State Ship on or about F.O.B. fac%crT Via Electrical: ~ 3 wire [-~ 4 wire Phase, Voltage Cycles Fuel:T--~ 0il]--TNat. Gas]--~ L.P.Oas Water: Pipe size P.$.I. . Gr. Hardness Special Conditions: A m EQUIPMENT ITEMS Price Total t. 1 PKG-40-24 4 GPM-2400 PSI-Honda 10 HP Gas Engine, Trigger Gun control, pneumatic tires, 40 ft. ware -- Oraid hose, in 'lsne chemical ~,jector - Cat --. wx:h .separate oil iired poztable burner CO 10 3658.50 same as a~ove wxtd~ 400,000 Nat. gas burner CO 15 381!.~S Order Dated: Purchaser: Sslesman: John Michalec By RESOLUTION NO. 82- RESOLUTION RECONVEYING CERTAIN TAX FORFIET LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CON- DITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS WHEREAS, the City of Mound has been informed by the Department of Property Taxation of Hennepin County that certain lands within the City have -... been forfeited for non-payment of real estate taxes, and WHEREAS, the City of Mound has a number'of tax parcels which do not:comply with the City's zoning ordinance and bui]dlng codes because of a lack of minimum size, shape, frontage, access problems, or the parcels contain nuisances or dangerous conditions which are adverse'to the health, safety and general welfare of residents of this City, and WHEREAS, the City was instrumental in obtaining leg.islatio~lich said parcels to be withheld .from public-sale and sold a'~'a~ sale to eliminate nuisances and dangerous conditlons and to increase compliance with 'land use ordinances .and Minnesota Laws of 1982, Chapter 523, Article 39,' Sec. 6 was adopted to provide said authority to the City and the County, and WHEREAS, a specific list of tax forfeited 'lands-has been provided the City and the City wishes to restrict and condition the sale of certain lands to bring them into conformance with the. City ordinances and land use goals, NOW, THEREFORE, BE IT RESO.LVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: · The County Board is hereby requested to impose conditions on the sa)e of the roi]owing described lands, and is further requested to sell such lands only to owners of lands adjoining at a non-public sale so that said lands will be combined for'tax and land use purposes and will comp]y with'City Ordinances and regu]ations: PARCEL (PID #) 30-117-23 22 0047 22-117-24 43 0027 REASONS FOR AND CONDITIONS TO BE IMPOSED Undersized lot to be sold only to and combined with. adjoining properties Buildable lot but no 3180 access to be sold only to 4918 and combined with adjoining properties SPECIALS BEFORE FORFEITURE LEVY # AMOUNT SPECIALS LEVIED SINCE FORFEITURE LEVY # AMOUNT NONE 8297 380.25 438.87 2,470.50 NONE CEL (PID #) 22-117-24 43 0029 22-117-24 43 0028 13-117-24 32 OO61 14-117-24 43 0009 14-1'17-24 43 OO10 18-117-23 23 OO41 25-117-24 21 0064 23-117-24 14 0048 24-117-24 44 O169 13-117-24 41 OO51 19-117-23 32 0003 24-117-24 44 0080 25-117-24 11 0020 REASONS FOR AND CONDITIONS TO BE IMPOSED Buildable lot but no 3180 access-to be sold only 3388 to and combined with 4918 adjoining properties Buildable lot but no 3180 access-to be sold only 3388 to and combined with 4918 ajoining properties Undersized lot to be sold only to and com- bined with adjoining properties Land locked, no access- to be sold:;,only to and combined with adjoining properties Land locked, no access- to be sold only to and combined with adjoining .properties Undersized lot to be 3180 · sold only to and combined 3388 with adjoining properties 3563 Undersized lot to be 3180 sold only to and combined 3388 with adjoining properties 3397 Undersized lot to be sold only to and combined with adjoining properties Undersized ]ot to be 3180 sold only to and combined 3388 with adjoining properties 3397 Undersized lot to be 3388 sold only to and combined with adjoining properties Undersized lot to be sold only to and combined with adjoining properties Undersized lot to be 3180 sold only to and combined 3388 with adjoining properties,3397 retain perpetual.easement Undersized lot to be 3180 sold only to and combined 3388 with adjoining properties 3397 SPECIALS BEFORE FORFEITURE ~ LEVY # AMOUNT 366'.27 1,767.21 1,359.65 443.26 1,855.77 1,876.21 NONE NON'E NONE 620.86 1,662.39 773.99 862.68 1,827.O5 1,129.82 NONE 431.33 1,282.39 810.49 1,O31.85 NONE 138.25 309.45 266.78 388.09 1,O89.41 612.85 SPECIAL5 LEVIED SINtE FORFEITURE LEVY # AMOUNT NONE NONE 7514 6,769.62 NONE NONE 8297 1,251.18 8297 793.44 NONE 8297 803.61 8297 1,O87.92 NONE 7928 1,652.95 8297 793.44 PARCEL (PID #) REASONS FOR AND CONDITIONS TO BE IMPOSED SPECIALS BEFORE .... FORFEITURE ...... LEVY # AMOUNT 13-117-24 12 0088 Undersized.lot to be 2879 sold only to and 3180 combined with adjotn- 3388 lng properties 23-117-24 42 0027 Sliver of land 8297 to be sold.only to and combined with adjoining properties '14-117;24 34 0029 Unbuildable lot to be sold only to owner of PID #14-117-24 34 0027 and combined with that property 632.15 862.68 2,371.74 SPECIAL LEVIED' SINCE .... .FORFEITURE "LEVY # AMOUNT 6946 4,O68.17 597.99 NONE NONE NONE The Ma~or and the City Manager are-hereby authorized and directed to re)ease the aforementioned lands.for sale,.subject to the County imposing the aforestated conditions and the lien of special assessments on said lands. 1 3 4 5 6 7 8 9 10 ll 12 PID #30-117-23 22 0047 PID #22-117-24 43 0027 PID #22-1t7-24 43 0029 PID #22-117-24 43 0028 PID #13-117-24 32 0061 PID #14-117-24 43 0009 PID #14-117-24 43 OOlO PID #18-117-23 23 0041 PID #25-117-24 21 0064 PID #23-117-24 14 0048 PID #24-117-24 44 0169 PID #13-117-24 41 0051 13. PID #19-117-24 32 0003 14. PID #24-117-24 44 0080 15. PID #25-117-24 11 0020 16. PID~#]3-117-24 12 0088 17. PID #23-117-24 42 0027 18. PID #14-117-24 34 0029 Lot 8, Block 6, Devon Lot 3, Block 1, Halstead View Lot 1, Block 2, Halstead View Lot 4, Block 1, Halstead View Lot 44, Block 3, A.L. Crocker's 1st Division Lot 27, Koehler's 2nd Addition to Mound Lot 28, Koehler's 2nd Addition to Mound Lot 17, Block 7, Shadywood Point Lot 12, Block 19, Whipple Lot 7, Auditor's Subdivision #168 Lot 13, Block 14, Arden Lot 32, Sub~. of ! & 32 Skarp & Lindquist's Ravenswood Lots 11 & 22, Block 13, Wychwood Lot 10, Block 7, Arden Lot 6, Block 11, De~on Lot 11, Block 18, Shadywood Point That part of Lot 4 and of Lot 3 ..... Block 4, The Highlands. Part of Block 16, Mound Terrace that lies south of Lot 4, Block 14, Mound Terrace .t.3N'~-'9 0 .'.J 012~ WOOD ' i : I CEDAR LANE [" LANE OI 2NZ'"I N~ ~N¥"I'(' I _ 0 IVO.ZHgl~8 NO.LH~31~g LC') ~. -..~ ;,.1 .: I re~ ' ROBERT C. GOVE, LTD. ATTORNEY AT 1AW 2156 NORTH LILAC DRIVE GOLDEN VALLEY, MINNESOTA 56422 OFFICE November 15, 1982 ~. Jon Elam City Manager Mound, Minnesota Dear Sir: In confirmation of our telephone conversation of today, the property which is part of the lot at 5833 Idlewood Road has been forfeited for non-payment of taxes. I represent Donald E. Horn~r and Patricia H. Homer who own the adjacent balance of the loto -On behalf of my clients, I am requesting that you conduct a private sale of the property to my clients in order that they m~y protect their access to the street. I am enclosing a copy of the description of the property Thank you for your cooperation in this matter. Very truly yours~/~ CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: City Manager Park Director December 13, 1982 Mound Bay Park Project I have checked the progress of the Mound Bay Park Project against the pay estimates received from the Contractor. They are in order for work completed through the end of November. I recommend that the Council allow partial pay= ment in the amount shown. Chris Bollls CB/ms '-'*°,c, CTOR PAY ESTIMATE NO.. 01 CITY OF MOUND MOUND BAY PARK IMPROVEMENTS PA~E 01 ENGINEER: MCCOMBS-KI~UTSON CONTRACTOR: PERKINS LANDSCAPE /~SO0 IND PK. BLVD 5531 EDEN PRAIR RD PLYMOUTH, MN 55441 MINNETONKA, 55343 DATE; 11/30/~ -- CONTRACTOR PAY ESTIMATE SUMMARY -- THIS PERIOD TO DATE WORK COMPLETED MOUND BAY PARK IMPROVHENTS 8,013.58 B,013.58 MATERIALS ON SITE MOUND BAY PARK IMP~.OVHENTS 3,67~..12 3,67,~..12. ADJUSTED TOTAL LESS RETAINAgE - 11,685.70 11,685.70 0% PREVIOUS, 5% CURRENT 584.88 584.E8 TOTAL AMOUNT DUE FOR WORK COMPLETED TO DATE 11,101.41 11,101.41 TOTAL AMOUNT DUE 11,101.41 11,101.41 ENGINEER: MCCOMBS-KNUT$ON-. ~---._~ PEri(INS LANDSCAPE ~NTRACTOR PAY ESTIMATE NO. 01 CITY OF ½0t.~O hOUND BAY PAP, K I½PROL~½ENTS MOUND BAY PARK IMPROV~ENTS PAC;E O2 ENCINEER: MCCOMBS-KNUTSON CONTI~CTOR: PERKINS LAND.APE 12800 IND PK.-BLVD 5531 EDEN PRAIR RD PLYMOUTH, MN 55441 MINNETONKA, 5~43 DATE: 11/30/8~ -- PAYMENT SUMMARY FOR WORK COMPLETED TO DATE -- ITEM ITEM CONTRACT UNIT NO. DESCRIPTION QUANTITY UNIT PRICE QUANTITY I TOT LOT 1.0 EA 7,985.00 0.0 E CRADINC 1.0 EA 1,9~5.00 0.5 3 BEACH SAND 1,~0.0 TON 6.70 1,052..4 4 TOPSOIL 880.0 C.Y 5.10 0.0 5 PERENNIAL BORDER 1.0 EA 1,275.00 0.0 6 SEEDINC 2.0 ACR 900.00 0.0 ? WATER FOUNTAIN 1.0 EA 1,150.00 0.0 8 AUTUMN PURPLE ASH 20.0 EA 12.3.00 0.0 9 PAPER BIRCH (3 CLUSTER) 3.0 EA 120.00 0.0 10 PAPER BIRCH 8.0 EA 98.00 0.0 Ro ILVER MAPLE 16.0 EA 90.00 0.0 IOBE WEEPIN8 WILLOW 4.0 EA 138.00 0.0 YALTY CRAB 10.0 EA 121.00 0.0 14 SERVICEBERRY 9.0 EA 140.00 0.0 15 PAOOOA DOGWOOD G.O EA 130.00 0.0 1G DWARF AMUR MAPLE 31.0 EA 21.00 0.0 17 DWARF EUONYMUS 23.0 EA 21.00 0.0 .... THIS PERIOD ..... AMOUNT 0.00 ~G2.50 7,0~1.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ...... TO DATE QUANTITY 0.0 0.5 1,0r~.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 AMOUNT 0.00 7,051.0B 0.00 0.00 0.00 0.00 0.00 0.00 '0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL HOUND BAY PARK IMPROVMENTS 8,013.58 8,013.58 'TRACTOR PAY ESTIiiATE NO. 0:i. PAGE 6564 CITY OF MOUND MOUND BAY PARK IMPROVEMENTS MOUND BAY PARK IMPROVHENTS O3 ENCINEER: HCCOMBS-+CNUTSDN CONTRACTOR: PERKINS LANDSCAPE 12800 IND PK. BLVD 5531 EDEN PRAIR RD PLYMOUTH, MN 55441 MINNETONKA, S5343 DATE: 11/30182 -- PAYMENT SUMMARY FOR MATERIALS ON SITE -- THIS PERIOD ITEM ITEM CONTRACT UNITS INVOICE UNITS TOTAL NO. DESCRIPTION QUANTITY DELIVERED PRICE ON .SITE ITEM VALUE 1 TOT LOT 1.0 1.0 3,67~..1.~. 1, O 3,6'T2.12 EA TO DATE INUDICE UNITS TOTAL PRICE ON SITE ITEM VALUE 2,6i~.lP 1.0 3,67~.12 TOTAL HOUND BAY PARA IMPRDVHENTS ORIGINAL CONTRACT PRICE 37,G48.00 + CHANCE 0.00 3,672.12 = REVISED CONTRACT AMOUNT 37,648.00 BILLS .... DECEMbr_K lq, 1982 A.A. Battery Autocon Industries Applebaums Anthonys Floral Basement Dri-Up Blackowiak & Son Holly Bostrom Burlington Northern Bryan Rock Products Berry Auto- Body F.H. Bathke Commissioner of Revenue Cargill Salt Conway Fire & Safety Bill Clark Standard Coast to Coast Continental Telephone Geo A Clark & Son Cromer Management Dept of Property Tax Dependable Services Diesel Components Finance & Commerce Nick Gronberg Glenwood tnglewood Wm Hudson Henri Co. Finance Eugene Hickok & Assoc Hawkins Chemical The Hozza Associates Henn Co. Sheriffs Del~t Illies& Sons Island Park Skelly Johnson Paper Lake Winds Apt Lowel 1 s The Laker ~ Long Lake Ford Tractor Louisville Landfill Long Lake Tire Barn Lakeland Ford Truck Doris Lepsch Lutz Tree Service Mound Postmaster Mound Fi re Dept M.A.M.A. City of Minnetrista M.F.O.A. MacQueen Equip Marina Auto Supply Miller Davis Co. Minnegasco 66.47 122.7O 14.36 35.00 31.92 94.00 329.00 533.33 175.42 88.37 10.35 3,399.86 1,458.42 56o.oo 5,983.58 75.44 1,119.32 70.95 183.75 166.oo 33.oo 23.93 41.2o 220.00 43.8o 12.97 34.00 110,oo 162.01 572.70 7,296.45 449.00 3o.oo 143.50 5o.oo lO.38 228.13 8.12 130.OO 9.98 50.96 15.oo 5 ,.495 oo 10o 44 424 0o 16 O0 15o oo 21 O0 206.04 550,24 1 O0 5O 2,14o.52 Mound Super Valu Wm Mueller & Sons Martins Navarre 66 Navarre Hdwe N.S.P. N.W. Bell Tele Pitney Bowes Credit Perkins Landscape Bob Ryan Ford Stacken Sod Greg Skinner Smith Heating & Air Shepherds Rental Rug Spring Park Car Wash Marge Stutsman Stacken Sod Suburban Tire Inc T & T Maintenance Thrifty Snyder Drug Treas MCFOA Unitog Rental U of'M Registrar Village Chevrolet Water Products Widmer Bros. Westonka Sanitation WESCO Zie§ler, Inc Total Bills Liquor Bills Butch's Bar Supply City Club Distrib Coca Cola Bottling Day Distributing East Side Beverage Flahertys Happy Tyme Gold Medal Beverage Kool Kube Ice Midwest Wine A.J. Ogle Pepsi Cola Pogreba Distrib Thorpe Distrib Twin City Home Juice City of Mound Wallin Heating Real One Acquisition Rega~l'Window Clean Bradley Exterminating Donaghue Doors Nels Schernau Total Liquor Bills GRAND TOTAL--ALL BILLS 56.80 1,634..46 20.00 287. 19 3,480.76 72.8O 26.00 11,101.41 2.66 220.00 65.?2 187.5O 66.25 59.00 14.:41 llO.OO 1,224. 37.75 46.07 15.oo 275.67 75. OO 51.71 415.85 2,358.50 5, 15O. OO 299.42 48.41 60,800.03 171.35 2,35o.7~ 113.25 3,4O6.3O 2,599.15 188.40 111.20 142.6o 267.29 1,754. OO · 288.75 2,741.6O 2,684.90 42 36 24. oo 41 35 675 oo ]0 75 38 O0 306 O0 9 O2 17,966 02 Metropolitan Council 300 Metro Square Building . Seventh and Robert Stree'- St. Paul, Minnesota 551~ Telephone (612) 291-6359 November 1982 TO: Metropolitan Area Citizens and Governmental Officials The attached ~ocument contains proposed amendments to the Metropolitan Council's Water ~esourCes' Development Guide system' plan dealing with sewage treatment and handling. The Council will hold a public hearing on the proposed amendments on Jan. 6, 1983, at'2 p.m. in the Metropolitan Council Chambers~ 300 Metro Square Building, 7th and Robert Streets, St. Paul, Minnesota. The amendments are proposed to reflect sewer discharge permits that the Minnesota Pollution Control Agency is expected, to issue to Metropolitan Area sewage treatment plants and comprehensive plans ·of·local governmental units' reviewed and accepted by the Council. They also respond to local ~overnment requ=~ts for adding certain interceptor sewerstothe metropolitansewerage. system. If you would like to speak at the hearing, please call.Shirlee Smith of the Council's.Community Services staff at 291-6421. If you have questions about .. the proposed .amendments, please call John Harrington, Council program manager for wi=er pollution control, at 291-6324. Additional copies of the public hearing draft are available free from the Council's Public Information Office' telephone 291-8~$~. Sincerely, Charles Weaver Chairman 11 LAKE ANN INTERCEPTOR ALTERNATE Recommendation '. Changes to section entitled "Blue Lake Wastewater Treatment Plant and Service Area," page 60, right-hand co'lumn, second and third paragraphs under ~ "Recommend at ions": The MWCC should include in its 1982-1986 Development Program ~he add~b~e~ ef an alternative to the Lake Ann interceptor (Phase 1), consisting of approximately ~we a~d e~e-half m~es e¢ levee ma~ amd ~e~ m~les e~ g~av~y sewe~ 2~000 feet of 30-inch force main. The estimated capital cost of the interceptor and ancillary improvements (~p9rading three lift stations) is $4~ $5.5 million with an annual operation and maintenance cost estimated to be $25,000. GeRs~u~b~e~ e~ ~he ~a~e A~ ~e~ee~e~ mus~ be e~ese~y eee~d~nabed w~bh ga~ve~ geunby Pub~e We~Ws ~n ew~e~ ~e m~m~e ~he ~mpae~ es ~aWe M~ewash~a Reg~e~al Pa~b. Analysis. The MWCC currently serves the western Lake Minnetonka communities with a wastewater pumping station located on the northeastern shore of Lake Virginia inthe city of Shorewood. This pumping station (L-21) presently pumps into the Shorewood interceptor system (MSB-7017), which in turn discharges into the Excelsior pumping station (L-19). The Excelsior station then repumps the Lake Virginia wastewater, along with local wastewater, into MSB-7017, which even- tually discharges into the Purgatory Creek interceptor. Additional existing metropolitan and local facilities located within the project area include a Chanhassen trunk sewer, the downstream portion of the Lake Ann interceptor · (MSB-7138), the Chanhassen pumping station (L-17) and the force main/inter- ceptor facility (MSB-7025) that connects the Chanhassen pumping station to the Purgatory Creek interceptor. All these existing facilities are located within the Sewer Service Area No. 4 The Lake Virginia station currently has three pumps in place and a firm capacity of 13 milion gallons per day with two pumps running. Presently, only one pump is run at a time, since the downstream Shorewood interceptor facili- ties and the Excelsior station were not sized for the flow from the Lake Virginia station. Even with only one pump running, the capacities of the Shorewood and Excelsior facilities are exceeded and periodic flooding occurs. A relief facility is required to divert either a portion or all of the Lake Virginia station flow. /The relief facility must provide a connection between the Lake Virginia station, where the capacity problems start, and the Purga- tory Creek interceptor, where there is ample capacity for the Lake Virginia flow. The modified station and the force main will serve the upstream con~nunities of Minnetrista, Mound, Spring Park, St. Bonifacius, Waconia, Laketown, Victoria, parts of Shorewood and potentially Maple Plain. Under the proposed routing, the force main would continue to the east from Galpin Blvd. and discharge directly into the Purgatory Creek interceptor. The tentative route of this forcemain, is along Lake Lucy Rd., Pleasantview Rd., 12 Hwy. 10! and Townline Rd. {62nd St.}. This portion of the proposed route appears to be excellent. The only major conflict in this area could occur when Townline Rd. is upgraded to a minor arterial. A summary of the estimated cost of this .forcemain along the the costs of the required upgrading of the existing lift stations is presented in Tablq/[.' Item Table 1 RECOMMENDED LAKE VIRGINIA/LAKE ANN SYSTEM PRELIMINARY CONSTRUCTION COST ESTIMATE Estimated Cos~ 42,000 linear feet of 30-inch force main Upgrade Lake Virginia Station Upgrade Excelsior Station Upgrade Chanhassen Station _~ - ~L-] ..... $3,800,000 750,000 450,000 ,200~000 Subtotal ':-' $5,200,000- Indirect Costs 300~OOq' Total $5,500,000 This alternative is approximately $1.4 million less than the Lake Ann project consistingof force main and gravity sewer. Review of the local comprehensive plan of Eden Prairie did not substantiate the need for the Lake Ann gravity section. SA6041 PHENVl .10/29/82 cPcu is the abbreviation of Chartered Property C~su~lty Underwriter, a professional designation awarded by the Americ~ Institute for Property and Liability Underwriters, Inc., evidencing the fulfillment of a prescribed period of satisfactory ~surance experience, the successful completion of a series of comprehensive examinations, and the acceptance of a strict code of ethics! conduct. WilliAm E. HUSBANDS, CPCU (012) 920-2717 5207W. 28TH ST. ST. LOUI$ PARK, MN The A,.,.-;~n In,titut,, for Prop~' a,,d Lial:,~lity t,,k. ple~,a~ i. ,,n.o~m~ing th, ..,,,~1 to William E. of the y~f.~.io.,,,I ~h,,~.t¢~-.d P.oy.~ G,~.,.lty U~,d.~,~it.~. Minnesota Pollution Control Agency. November 24, 1982 Mr. Jon Elam City Administrator 5341Maywood Road Mound, Minnesota 55364 Dear Mr. Elam: Please find enclosed photocopies of Superfund disposal notifications submitted by Tonka Corporation to the U.S. Environmental Protection Agency (EPA) as part of their obligation under the federal Superfund Act of 1980. The notifications provided you list locations and approximate sizes of disposal sites utilized by Tonka in Mound as well as a very general description of the possible types of Tonka generated hazardous wastes that were disposed of at the sites; Additional information has been requested of Tonka (see additional enclosure) by the Minnesota Pollution Control Agency (MPCA) so as to better understand what impacts the disposal sites might have on local public health and the environment. The city of Mound has been cooperative in providing information requested by the MPCA as related to several of the aforementioned dump sites. The city's con- tinued cooperation would be appreciated in notifying any potential future developers of the Tonka dump sites. From my recent phone conversation with Mr. William Koenig, representing the Street Car Boat Shopping Center Development, it became apparent that he was not aware of former disposal opera- tions that had occurred at the Lost Lake Dump. The MPCA is not attempting to discourage development of any of the Mound dispo- sal sites with the limited information on the sites currently available. However,-the MPCA believes it important that prospective developers are made aware of the potential problems that might exist as a result of past disposal operations. The MPCA would welcome and encourage any worthwhile efforts (i.e. soil boring and analysis, ground water monitoring) by developers or potential developers to ascertain the dumps' impacts. Phone: 297-27fl4 1935 West County Road B2, Roseville, Minnesota 55113-2785 Regional Offices · Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer Mr. Jon E1 am Page Two If you have any questions related to these matters, please feel free to contact me at 297-2704. Sincerely, Si t~-~Re~i~ it Regulatory Com/lance Section Solid and Hazardous Waste Division DND:cj Enclosure cc: Mr. Joseph Joyce, Tonka Corporation, Spring Park Mr. William R. Koenig, Attorney, Mound ALBERT H. QUIE ~OV~RHOR ~TATE OF MINNESOTA OFFICE OF THE (~O~'ERNOR ST. PAUL 55155 November 22, 1982 Dear Local Official: For about a year there has been a voluntary organization working to create awareness of the benefits of positive health habits to help Minnesotans enjoy a higher quality of life. Originally called the Governor's Council on Health Promotion and Wellness, earlier this year the Minnesota Legislature made the Council a permanent part of the state executive branch of government and changed the name to the Minnesota Council on Health Promotion and Wellness. The purpose for my letter is to suggest that county and municipal governments work together to establish councils on health promotion and wellness at the local level, similar to the State Council. Such an effort has been successfully undertaken in New Jersey. During the last year, the Minnesota Council on Health Promotion and Wellness has undertaken several excellent projects like Wellness Week, a public hearing on health promotion and wellness, a survey on establishing local councils, the Governor's Health and Wellness Award in schools, and the development of public service announcements 'for television. These are examples of what you can do to provide wellness leadership in your area. It can work. It is fun. For more specific language suitable for a local ordinance, please contact the State council at (612)341-7044. Let the Council know of your progress. Enclosures: ALBERT H. QUIE GOVERNOR Wellness Brochure / Local Council Guidelines AN EQUAL OPPORTUNITY,~_~ EMPLO.,~I~ STATE OF MINNESOTA The Minnesota Council on Health Promotion and Wellness Fawkes Building, 1645 Hennepin Avenue Minneapolis, Minnesota 55403 (612) 341-7044 CONSIDERATIONS FOR COMMUNITY WELLNESS GUIDELINES Purpose: This doc~nent is intended to provide suggested elements of a community inqtiated program to support health promotion and wellness at the local level. It is hoped that these guidelines will encourage local communities in establishing a standing "council" on health promotion and wellness. Purpose of a Council: The purpose of a council is to develop, coordinate, and enhance opportunities for all residents to participate in activities and programs to improve the physical, emotional, mental and spiritual well being of its residents. WHAT TO DO Communities are encouraged to formally establish a local council on health promotion and wellness. Whether through an ordinance, executive proclamation, or other enabling procedure, the enabling document should consider the follow- ing items: I. Recommended Functions: The Council should serve to educate, promote, coordinate and support wellness actiVities through any of the following it deems appropriate: Enlist the active support of individual citizens, civic groups, professional associations, voluntary organizations, and others to improve existing wellness opportunities for all citizens. Enlist the active support of individual citizens, civic groups, professional associations, voluntary organizations, and others to develop new wellness opportunities for all citizens. 3. Coordinate the local activities; promote local events. 4. Educate the public about the importance of developing and maintaining a healthy life style. 5. Identify and utilize the local resources available and needed to improve the wellness status of local residents. e Offer technical assistance to those wishing to establish a health promotion and wellness program in a school, business, or community center. Develop a ~ocal speakers bureau. Recognize conmendable efforts, contributions, and achievements in support of health promotion and wellness in your area. Maintain liaison with the County Health Board, the privat~ sector, and quasi-public agencies on all matters affecting health promotion and wellness in the community. The Minnesota Council is committed~ to provide guidance, assistance, and support to local councils. The preceding is .intended to be illustrative only, ~nd local governments are. encouraged to develop additional or alternative functions depending upon local needs and resources. II. Administrative Concerns: The following are among the.administrative items local governments should consider in establishing a council. Again, these items are merely reconmendations and co~nunities are encouraged to individualize their programs depending upon local needs and resources. 1. Statement of overall goal, long-range and in~nediate objectives. 2. Membership selection criteria and term of council membership. 3. coordination procedures with the County Health Board. 4. Designation of officers and their duties. 5. Time and place of meetings. iii. Model Ordinance: The Minnesota Council is considering the development of a model enabling document. However, at this time, we felt it important to identify the wants and needs of the local con~nunities so that the Council may be responsive to these needs and to the experience of local communities. If it becomes clear that a model document would be beneficial, it will be developed and made available at a later time. 1301 Pennia Avenue NW Officers: Washington, D.C. r-etd L. Harri~.Or~ (~) ~ F~ V~e Pres~n~ ~: NLC~ES C~s ~, ~. Was~ Sec~ V~e Ge~e Maym, SL Paul, ~ * w~m H. H~, III ~an STATUS REPORT FEDERAL LEGISLATION OF INTEREST TO CITIES - 1982 November.28, 1982 Tax Exempt Financing. Congress passed the Tax .Equity and Fiscal Responsibility Act of 198.2, making'important changes in state and local government tax exempt financing. The Act (1) restricts the use of industrial 'revenue bonds by requiring public hearings and approval of local elected officials or voter referenda, reducing t~e ;tax benefits to private beneficiaries of bonds, prohibiting the"use of small issue IRB's (less than $10 million) for private recreational facilities and restricting their use for retail food and beverage services, and stoPping the use of small issue IRB's .after 1986 unless reauthorized by Congress; (2) liberalizes the use of IRB"s for multi-family housin~ and eases the restrictions on mortgage revenue 'bonds by permitting arbitrage of 1 1/8, rather. than 1 percent, and increasing the purchase price limit from 90 to 110 .percent of median in each area (120 percent in target areas'); and [3~ requires all tax exempt bonds of states and localities [eXcept those for--i~ss than one year) to be in registered form beginning in 1983. Public Pension Plan Reporting.' Congress refused to act on a House Education and Labor Committee bill proposing new reporting, disclosure, and fiduciary requirements for all state and local public pension plans. NOw Accounts. Congress passed the Depository Institutions Act of 1982 permitting states and local governments to earn interest on checking accounts, previously prohibited by a drafting error in a 1980 law. PaM Pr~Jdlntl: Tom Bredl®y, Mayor, Los Angeles, Caliiornia · Henry W. Miler, Mayor, Milwaukee. W~scons=n · Tom Moody, Mayor. ColumDus. Ohio · Jeasla M. Rattlay, CoL~c,lwoman. NewDO~ News. V,g,n,a · John P. Roullkll, Mayor. Savannah. Georg,a · DirelY: Richard Arrlnglon, Jr., Mayor. B,mmgnam. Alabama * Carol Bellimy, Council Pres,0ent New York New Yo~k · Ar~ Boyum, Exec~ve D,ector, NOqh Dakota League of C,~es · Richard S. C.llgulrl, Mayor, Pittsburgh. Pennsylvania · Malcolm Clark. COu~C ~l Mem~r. Pon A~hut Texas · Joanna Colll~l. Counc,~ Mem~r Kansas C,y. M s~uri ·Thome. H. Cooke, Jr., Mayo~ East Orange. New Jersey · David Cunninghem, CoUn~r,~ MemD~t Los Angeles, Cahtorn*a · W. Elmer George, Execu1*ve D~eclo'. Georom'Mun,oDal As~al~on · Kirin M. Gravel, C~m*ss~onef. Sarma. Kansas · Anne Gresham, Counc,I Member G eno Pra~ ~e. Texas. Paul E. Hlney, Couno Mem~ Roc~ster New Yo~k · Jonathan B. Howls, Mayor Plo ~em. Cha~l Hill. Noq~ Carohna · George M. Israel, III, Mayor Macon. Georgia · Myra Jones, V~ce MayOL L~ttle Roc~ Arkansas · Christopher G. Lockwo~. Executive D,ector. Ma*ne Mu~C~Dal AS~ClabO~ · Bob MI~I~IZ, Mayor. ~amDa FIo~oa · Robe~ H. Miller, Execul~ve D,ectot South Dakota Mun~CtDa~ League · J~ck Nelio~ Ma'vo'. Beave~o~ O~egon · Mi~ Neuhluler Council Mem~t Iowa C~ty Iowa · C. Dlvld Nuelle~, k{ayot Ou~ncy Ilhno~5 · Haman Pldilll, Mavo~ Sa~ Jua~ Pue~o R,co · Donald R. Peoples. C~.e+ E~ecu~e. ~te Mona~a MI~t~L Peterlofl Execut~veD~recto.Ass~a onofl~a~oC~,es-MicheelJ Ouinn, Exec~h'veO~ector. ln0;anaAssoc~e:<~,c~C~hesa~0~o~n['VlrnonH Rick~.Jr.,MayO~ro Job Training. Congress passed the Job Training Partnership Act, replacing the existing CETA program. The Act substantially increases the role of states and tSe private SeCtor in providing job training to ecOnomically disadvantaged adults and youth, and to displaced workers. Local governments will remain involved in t~e '. program, however: CETA prime 'sponsors will be rePlaced by service delivery areas (SDA'sl, defined as units of local government of 200,000 or more population requesting designation from the governor. In each SDA, chief local elected officials will work with private industry councils, together designating an entity to develop the training plan and to administer it. During FY 1983, training programs will be operated under existing CETA law, while federal, state, and local governments plan for implementation of the new law on July 1, 1983. Funding for the new law is expected to be about $3.7 billion, of which about $2.5 billion will be distributed among SDA's. I.mmigration 'Reform. The Senate has passed and the House Judiciary Committee reported a major overhaul of immigration laws, establishing new quotas for annual immigration, making illegal aliens el'igible for permanent resident status, providing ~sanctions against employers who knowingly hire undocumented workers, and expanding the temporary worker program. In addition, the House' bill would permit reimbursement of states and localities for certain cash, health care, and education expenses resulting from the legalization.program. Final action is possible this year. Transportation.. State and local highway and bridge programs have been funded up to December 17, 1982, pending final action' on highway legislation; final action expected this year. FinB1 actiOn this year is unlikely on mass transit legislation, however, because of disputes between House and Senate committees on reductions in operating assistance; funding at near current levels is likely for FY 1983. Congress passed legislation reauthorizing the airport development program retaining eligibility for all public airports; funding will rise from $450 million in FY 1982 to $600 million in FY 1983 and. Si.billion in FY 1987, as a result of increases in various aviation taxes. Hazardous Materials. NLC-led opposition to preemption of state and local laws relating to hazardous wastes transportation have succeeded, but final legislation in t~'is area must await consensus between public interest groups and shippers. Final action is likely this year to reauthorize the Resource Conservation an~ Recovery Aq~, generally tightening restrictions on generators of small quantities of hazardous wastes and dumping of liquids in landfills; the House has passed a bill, the Senate Environment Committee plans to act during the lame-duck session. Clean Air and Water. Chances ~f final action this year reautho- rizing the clean air act are doubtful with continuing conflict between industry and environmental groups over efforts to weaken the standards. No progress is being made on reauthorizing clean -3- water standards, although, the Administration is. seeking agreement on relatively non-controversial issues; final, action thi's year is unlikelY. Reauthorization of tha Safe drinking act ~as been deferred to 1~83. Cable Television. Although the Senate Commerce Committee has reported out-legislation sharply curtailing local authority over cable franchising, no legislation is likely this year as a result of NLC-led opposition. Legislation is likely, however, in the 98th Congress, when the House Subcommittee on Telecommunications plans to act on comprehensive cable legislation. NLC and the cable industry have begun discussions on a compromise cable 5i11. ~Antitrust. Although'the Senate Judiciary Committee held hearings, requested by NLC, on the impact of the Supreme Court's decision in th~ Boulder'case, subjecting cities to various antitrust actions, no further action will occur this year. In 1983, however, the House Judiciary Committee plans to make this issue a high priority. Final action is probably next year if state and local public interest groups agree on a legislative remedy to the 'Boulder case. Liability. The Senate Judiciary Subcommittee on the Constitution reported out legislation providing cities with the good faith defense in civil rights actions and modestly limiting the amount of attorneys' fees in such actions. No similar action was taken by the House Judiciary Committee and, consequently, no further action will be taken this year. Voting Rights. Congress passed legislation extending the Voting Rights Act of 1965, including the controversial preclearance provisions (extended for 25 years). The Act also eases standards for termination of coverage under the preclearance provisions; and extends the language assistance provisions. ~.ousing. Both House and Senate committees have approved housing bflls, but with major differences that remain to be reconciled this year. The House bill calls for funding housing Programs at existing levels and authorizes a new multi-family program. The Senate b~ll calls for the Administration's new housing voucher program, a rural housing block grant, and a new rental rehabilita- tion program. Although funding for public housing operating subsidies and elderly housing have been approved, appropriations for section 8 and public housing development have been deferred to give the two c~mmittees a chance to resolve their differences this year. Community Development Block Grants and UDAG. FY 1983 funding for the CDBG and UDAG programs has been approved: for CDBG $3.456 billion, for UDAG $440 million, the full amounts authorized. 'In addition, $225 million is provided for the section 108 loan guarantee program and $77 million for section 312 rehabilitation loans. -4- Economic Development. The Eouse passed a reauthorization of the EDA program, authorizing $500 million annually for three years. The senate has no similar bill and, consequently, final action this year is unlikely. EDA funding for FY 1~83 will be 'about $200 million. Urban Enterprise Zones. The Senate Finance Committee has approved an urban enterprise zone program as part of a misceIlaneous tax bill. Twenty-five zones would be.authorized annually for three years. Each zone would be eligible for a wide range of tax and regulatory relief after joint nomination by the governor and the locality involved and approval by HUD. Although the Senate. may approve the tax bill, with the enterprise zone provisions, no action is likely this year; the House Ways'and Means Committee has held no hearings on the bill and plans to take it up next-year. Questions-' Call National League of Cities Office of Federal Relations 202-626-3020 iA .... Dig :lUmP 'm: me'- - 'tJasolm-~ ..../ax ; -' -:-:-'-!~,., .,.,,~.~:-' ---'- -.,: - -,...~,~ .:;:. .......: ; cn~g~~.~WN~~'ff ~d Is'to'Go~-N~m.R0~0'~2~s ~ I~}'.:-'...~ ~'.'-'-',: ...~z ;. _. · . -:J.;-..: '..' :'--,.)' ';~: ';:?-.'~2¢~::.: .~.*'sw~..';:'.. i~,~r~:~..~:.< - · x.: Y '.2;-'.~.r'.:-./~::, '~ :.~: -.I:.' ; :-"'.,.~e ~.~e ~ ~ ~.~~ ~,:.>;;. :~~2~,:~ ~'two h~e ~1"' ¢.i~':~ h~*:~~n~'w~ . .m~he. 'would h;;t~ichard ha~;e be~n out w~k~=at a ~ld ~ ho~ ~d-~ mo~ ~e .no~ ~. ~-~e ~o~-'fo~ GE emplo~ ' ~act~ ~b ~:~d 'b~ ~'no~ g~ -" '~t'. ~ ~ ~' ~-~ k~p, ;~.-~ ~'.-.~~'~ Judy H~ 1~ her ~b at ' 'pl~' ~, but ~ ~ l~k~f~ For Immediate Release t~lovember 29, 1982 ~ OF THE PRESIDENT TO THE NATIONAL LEAGUE OF CITIES Los Angeles Convention Center Los Angeles, California 10:48 A.M. PST THE PRESXDENT= Thank you very much. I've heard once in a pmblic speaking class that you never should open your remarks with an apology, but since X am the one that changed your schedule and X won't look at ~yor Bradley when X say this but you know California is the home of unusual weather. (Laughter.) And that's why we had to change the schedule. But X thank you very much for that welcome and I thank you, Yard, for your very warm and kind introduction. The first time that I addressed the National League of Cities as President was in March of 1981. And looking back, I think the most prophetic point X made was the need for a clear and direct line of communication between us -- the nee~ to maintain a direct relationship between the federal government and Amerlca's cities. Talking about communication -- conuuunication is more than saying, "Hello, how are you?" I have a story -- it's a true incident -- that involves a fellow Californian, Danny Villanueva, who used to place-kick for the Rams and then later became a sports announcer and this was an incident in his life that he relayed to me and it does deal with communications. Now, I've told it a great many times, this particular incident, but I haven't told it recently and I hope X haven't told it to you because I'm going to tell it again. (Laughter.} Anyway, the story goes that Danny, as a spor~s announcer, was having dinner one night over at the home of a young ball: player with the Dodgers. He and the bail player were talking sports and the young wife was bustling about getting the dinner ready and the baby started to cry. And she, over her shoulder, said to her husband, 'Change the baby.' And he being a young fellow and kind of inexperienced along about that line as a father, he was embarrassed in front. of Danny and he said, "What do you mean, cha~ge the baby?' He says, 'That's not my line of work. X'm a ball player.~ And she turned around, put her hands on her hips and aha communicated. (Laughter.) She said, ,Look Buster, you lay the diaper out like a diamond, you put second base on home plate, -- (laughter) -- put the baby's bottom on the pitcher's mound, hook up first and third, slide home ~derneath, and if it starts to rain, the game ain't calle~l, you star~ all over again. (Laughter. Applause.) Since those first days in office and my first speech to you, I've gotten to know you better, and I've come to understand your problems more clearly. Hundreds of you you have met with me individually, as Fsrd said, or in groups at the ;~hite House. we've held many working sessions about the challenges we face, and together we've made significant improvements in this adminimtration'm original federalism proposal. As I said last September when I ~et with local officials, governors; and state legislators in the Cabinet Room, we will prooeoa shortly 'after the first of the year with our amended federalism package. It will encompass three important principles. First, we will return responsibilities and commensurate revenue resourees to the levels of governnmnt closest to the People. Second, there will be mandatory pass-through provisions to protect local units of government. And ~hird, this initiative will not be a vehicle for budget savings on either side. Throughout the last 22 months, individually and together, you have had a tremendous $mpact on the way this administration views the needs of American cities. Ferd }larrison and Bill Hudnut have worked closely on 6~r federalism initiative, and provided m with a wide range of advice and counsel. Perhaps of greatest importance to you collectively, you have -- not me collectively, but you collective~ have driven home the absolute need for some programs and some funds to pass directly from Washington to your cities without ~aking a de- tour by your state capital. Now this kind of give and take, this kind of cooperation -- (applause) -- this kind of cooperatiun and communication will be essential if we are to take the first and the next steps toward national renewal. As Calvin Coolidge once said, "Our country was conceived in the theory of loo&1 ~elf-government. It ha8 been ~edicatod by long practice to that wise and benevolent 9Olicy. It iS the foundation of our system of liberty.' ~ell today that principle faces crem~ndouus challenge. You represent the urban heart of our great country, our te_~m~ng centers of culture, innovation an~ progress. ~ut you and your cities are also saddled with concentrations of our nationes most =roubling proble~ -- h~gh unemployment, decaying neighborhoods, grim crime rated; idle industries, eroding tax bases, and roads and bridges that threaten tb crumble beneath us. I have come before you with no ~,-~gic wand. I am fighting in wa shington to reduce, not increase, the big spending that keeps our federal budget badly out of balance. Although Americans are laboring under the highest peace- time tax burden in history, their money is spent before it even comes in. In a very real sense our coffers are empty. But I have come to promote an agenda for growth and to offer you a challengp. There was a time in our history when our cities were gleaming testaments. to the notion that nothing is beyond America~s power to ac~om~lish. Our c~tle8 were once centers of hope and oppo~tunity, and can be agail%. I have come to urge ~mt America's cities take up that challenge and link arms in a united effort to lead ~merica into a new period of growth and prosperity.. I.!ORE - 3- _Some,elitists in l~ashin.qton have implied that local of£icials aren't uD to the ~ob. Thinking you lack their worldly sophistication, they doubt your competence and assume that you need e Capitol Hill perspective to feel an appropriate degree of compassion. Well, sometimes I wish they'd exchange that lofty vista once in a while for your ground-floor, close-up view of how the w0rld really is. (Applause.) Forcing Americans to accept the dictates of goverrm~nt in Washington instead of dealing with their elected representatives in their city hall has got to be one of the more serious mistakes of the century. City hall, county seats arid state legislatures are the very laboratories of democracy. B~ removing the possibility of resolving our problems where they occur, too many have turned their backs on the genius of our system. Too many have stopped believing in our ability to govern and provide for ourselves. l~ell, X believe that you're the hods of our nation. I put my faith in the American people and the quality of the leaders they elect to local office. You, in turn, must call on all your imagination and creativity to find new, lo¢al answers for today's urban problems. The federal government will not turn its back on you, but it's no coincidence that our present troubles are proportionate to the intervention and intrusion in our lives by Big Brother in Washington. We'll not cure what ails ua by drinking more of what caused our sickness in the first place. Yes, there are some services that you cannot provide without some direct assistance from Washington. And you'll get that assistance. But it's time to sort out who does ~hat best. Have federal grants or loans accompanied by federal dictates as to your priorities been a solution, or a part of the problem? Have w~ all become addicted to temporary bailouts failing to realize that the only answerimust be a restoration of our econom~ from sea to shining sea? Your revenues, I know, are falling away as your tax base shrinks. For a time the answer could be found in help from the federal government which had usurped much of the taxing source. But as Washington responded by taxing more and borrowing even more to maintain its Big Brother role, it became a drag on the economy. Investment and production suffered, and more and more Of the people living in your cities found themselves unemployed. It's time to give up the temporary band-aids and placebos and get on to the business of a real cure. I~ve proposed a growth agenda for the eighties to put us on solid footing once.again. To bring back incentive in America, to make saving seem like good sense again, and to make investm~nt more worth the risk, we proposed, and the Congress passed, the largest tax rate cut in history. Although that 25 percent, across-the-board tax rate cut won!t quite match the largest tax hike in history that was passed during the previous administration, ! believe it is already providing, however, the stimulus needed to get otlr economy moving again. -4 o This next installment, ~he so~called 'third-year' will benefit working men and women ~ore than anyone else and rill have the most dramatic impact on our economy. In later years, ~axes will be indexed. Then government will not profit by inflation, pushing Americans into higher and higher ~ax brackets every time they receive a cost-of-living raise. (Applause.) Now, th~s tax talk is no pipe dream. Think back. When was the last time ~his count~/ enjoyed real gz~h? When was the last period o£ boom, when unemployment drol~ low, personal savings piled high, real wages gre~, investment steadily increased, our industries were pumping at nearly full speed, and our gross national product was climbing? The last great period of American economic growth, low inflation rates, was in the 1960's, following enactment of the tax rate cut proposed by President John F. Kennedy. President Kennedy knew as we know today: All the government boondoggles in the world won't fix what's ailing us. The only way to cure our problems is to get the economy moving again. And one of the best ways to stimulate the economy is to give th~ American worker a break and cut his or her taxes. To further loosen the federal choke-hold on the American economy, we in this administration have been simultaneously scaling back programs, slowing government growth and sorting out responsibility between levels of government. As a result, inflation, once public enemy number one, has dropped from double digits to 4.9 percent so far this year. The prime rate, once as high as 21.5 percent, is down to 11.5. The personal savings rate is increasing, the housing industry has begun to recover and the stock market has been sending a strong signal of confidence for some time. The worst re~aining problems are the tragedy of unemployment end the monstrous proportions of our deficit. We have, as I've said, sizably reduced the annual increase in spending but there iS no way we can elim~nate, by budget cuts alone, the structural deficit built into the budget, can it be eliminated by raising taxes. In the five years leading up to 1981, taxes almost doubled and so did the deficits. The answer lies in stimulating the economy, and increasing productivity. Even the trillion dollar debt will become more manageable if it becomes a smaller percentage of the Gross National Product which is the true measure of our wealth. Therefore, our every action should be aimed at helping the economy. We must not be lured into taking emergency actions a~med at temporary relief. Once we get our economy growing again, it will generate more Jobs. When more people begin to find work, fewer will be forced to depend on government social programs. Americans will be earning more, and the government will take in more revenue without raising the tax rates. By contrast, raising personal income taxes stifles the economy, throwing more people out of work. Fewer tax dollars would come in from higher tax rates "-'". ~ - 5- as more.people would depend on Uncle Sam. We'd spend more money we didn't have, probably raise taxes still more, and end up making the deficit worse and woree. That's why I believe our economic recovery program, based on solid time-tested economic principles will work. But we'll not rely on the pillars of that program alone. we must take advantage of every resource available to us% For example, as people like Mayor Voinovich keep me ~ainfully aware, enormous numbers of citizens are ready and able to work and yet don't have ~obe; We'll need the strength of every back and the power of every mind to lift us to recovery. And I won't rest until every American who wants a Job can find one. (Applause.) But if we're to grow into the decades ahead, we must have the skills to'~ork in them. But it's been estimated that at least 20 million American workers now rely on skills that won't be needed 20 years from now. The government has trained thousands more in skills that aren't -- that already aren't needed in their communities. Still others have been steered into make-work government programs with no future. We~ve got to do better, especially for our young people. And that,s why I recently signed the Job Training Partnership Act to put more Americans to work where they live. That program will train more than one million of our citizens every year in skills that local business, civic, municipal and labor leaders determine are needed in their own communities. And I'm asking the American business community to give us the support and leadership that we need to make the program succeed. Now, we're blessed with an agricultural abundance unmatChed in the history of the world. To.better use this resource, we're seeking out new markets, lifting old barriers and restoring our reputation as a reliable exporter. To~ay our agricultural system provides the foundation for about 24 million American jobs -- almost one-fifth of our nation's work force. We can do even better Earlier this fall I signed the Export Trading ~om~y Act to help small and medium-sized exporting businesses. Experts say that this legislation will mean several hundred thousand American jobs. We've also reduced the tax burden on businesses promoting our products abroad and are pressuring our trading partners to lift unfair export subsidies. Our export policies are key to our growth agenda and to the revitalization of America. At home we're trying to nurture the seeds of renewal in the decaying cores of some of our older cities. When I visited Mayor Schaefer in Baltimore, I was shown a vision of a future that we can choose for our cities, and it'~ a future that works. There's a renaissance in Baltimore, brought about by a shared commitment between government and industry -- a partnership for progress between the public and the private sector. It's a city of excitement, growth and ~lversity. I k~ow that Baltimore - $ - has received aid from a number of federal programs, and has made particularly good use of urban development action grants, but it has also been., a center of innovation and incentive. For example there is a blue-chip-in program where private companies are investing in programs that create Jobs, train the unemployed, and provide some emergency services to the city. Baltimore is proof that our poten- tial is unlimited if the public and private sectors will work togethe2 Baltimore is not alone. Phoenix is also promoting public and private sector cooperation with great results. In that city, for example, local building and zoning regulations have been eased to encourage private develolm~nt of lower cost housing. and more c~ties are making creative use of their resources to solve their porblems. ! have proposed an enterprise zone initiative to bring so~e of this innovative growth and excitement to even ~re cities around the country. The plan would create a free-market environment in depressed areas through tax relief, lifting regulations, and re- ducing other government burdens. By creating opportunity in our urban centers, businesses will begin returning, jobs will spring up, and the healing process of economic rejuvenation wi~l begin. I don~t need to explain to you what that will eventually mean in terms of your tax base. The idea already has popular support. Fourteen states have already passed their own enterprise zone legislation without waiting for the Congress to act. Hundreds of cities mapping out enterprise zone sites as you well know, and in a recent survey of Fortune 500 chief executive officers, sixty seven .percent said that they would seriously consider investing in the zones after seeing the final version of the legislation. Keep in mind that most of those who responded said that they would not have even considered bringing their businesses into those cities before the enterprise zone incentives were offered. Small and minority-o~ned busineeses would find even more opportunity. In these d/fficult economic times when overall unemployment is high 'and youth and minority unemployment An some places has reached depressionl 'proportions, you would think that Congress would Jump at the chance to bring about this kind of gro~.th opportunity and jobs. Well, I call on them today as they prepare to take up the rest of their unfinished chores to complete action on the enterprise zone initiative and let our cities get on with the business of recovery. The Senate has acted on it. The House has not and it .has been before the House for virtually a year. If we are to move new and more goods in and out of our cities, if our cities are to attract m)re residents -~' ther~ is another facet -- we must face the fact that their infrastructure is falling into d~srepair, less and ~.ess able to su. pport growing demands. -! - need only to listen to l'~yor Caliguiri %~11 me abou~ Pittsburgh;s crumbling bridges or Mayor Hance recite the problems of the trans- portation system straining to cope with the burgeoning population to understand the urgency of this problem. The state of our transportation system affects our commerce. It affects OUr economy and it affects our future. For many cities such repairs have become critical to " 7 gx~-h and renewal. But no matter where we live in America, we're all dependent on our world-famous transportation network for the food we eat, the goods we buy, and the mobility we prize. Once a ~nder of the mo~ernworld, that network is decaying and we must restore it. I will ask the Congress to authorize a much-needed overhnul of our transportation system. [~e built our highways with user fees -- or with money paid by those of us who benefite~ from the system. It ~las a fair concept then, and it is today. And that's why we're proposing to pay for today's repairs by increasing the highway user fee, or gasoline tax, by the equivalent of five cents per gallon. That fee hasn't been raised in 23 years, and it no longer meets our needs. The nickel-per-gallon tha~ we proposed will mean an extra $30 a year for most car-owners. But if we don't fix the roads, they might have to pay more than that to keep their wheels aligned. This program wi11 be massive in sco~e, but it will not add to the deficit or increase your income tax. It will allow u~= to complete the interstate system, make almost all the interstate repairs, strengthen all our dangerously ~eak bridges, improve thousands of others, enhance all of our safety an~ address the critical public of transit needs of our cities. The program that we're proposing will stimulate"~ 170,000 jobs in the hard-hit construction industry and an additional 150,000 Jobs in related industries. But while this is significant, the jobs are significant, the proposal~s most important contribution is ~at it is needed for our cities and our country to gro~.~ again. It is an investment in tomorro~ that we must make today. And I urge the Congress to pass it in this session and ! hope that you'll tell them also they should do that. (Applause.) In the 1980 campaign, I pledged support for general revenue sharing. (Applause.) I proposed full funding of general revenue sharing in fiscal years '82 and ~83. An~ while I haven't made any final budget decisions for fiscal year ~84, I can promise you I ~ill look at revenue sharing in the same light. (Applause.) Robert Louis Stevenson once said, "You can't run away from a weakness~ you must sometime fight it out or perish. And if that is so, why not now, and [,xhere you stand?" The ~eakness in this country for too many years has been our ins~stence on leaving -- or carving an ever-increasing number of slices from a shrinking economic pie. Our policies have concentrated on rationing scarcity rather than creating plenty. As a result, our economy has stagnated. But those days are e~ding. ~ORE ~:h~ii be a ti-by u?on a ~ill. '??a e}'e~ of all ~eogle ~re up~. u~..." .-,'.~ i%'..1..-:..~q ~.'.i~.:,n<~ c_tle~ on hills, uF~tii o~.:~ i:at:~:'~'c Hennepin County Park Reserve District 3800 County Road 24 · Maple Plain, Minnesota 55359 · Telephone 612-473-4693 PARK RESERVES BAKER CARVER CROW-HASSAN ELM CREEK HYLAND LAKE LAKE REBECCA MURPHY-HANREHAN° REGIONAL PARKS CLEARY LAKE' COON RAPIDS DAM EAGLE LAKE FISH LAKE JAMES W. WILKIE' MEDICINE LAKE SPRING LAKE' SPECIAL USE AREAS BAKER PARK GOLF COURSE CLEARY LAKE GOLF COURSE' HYLAND HILLS SKI AREA NOERENBERG MEMORIAL TRAIL CORRIDORS NORTH HENNEPIN TRAIL WILD GOOSE CHASE ISLAND 'SCOTT.HENNEPIN PARK AtJTHORtTY BOARD OF COMMISSIONERS WILLIAM BARBEAU · CHAIR MINNEAPOLrS WILLIAM E. GENTRY VICE CHAIR NEW HOPF JUDITH S. ANDERSON BLOOMINGTON SHIRLEY A. BONINE MAPLE PLAIN AMELIA M. DeMUSE MINNEAPOLIS CHARLES R. PIHL ORONO MALCOLM D. REID TONKA BAY DONALD C. RINGHAM MINNEAPOLIS RAYMOND N. SEAGREN MINNEAPOLIS ANNE-MARIE SOLENSKY MINNEAPOLIS PHYLLIS CRIMMINS STENERSON 4NEAPOL[S CLIFTON E. FRENCH SUPERINTENDENT & SECRETARY TO 'rile BOARD Mr. Rock Lindlan, Mayor Mound City Council 5341Maywood Road Mound, MN 55364 December l, 1982 Dear Mayor Lindlan and Council Members: I am writing to bring your attention to the District's concerns relative to the Capital Improvement Program for Regional Recreation Open Space currently under consideration by the Metropolitan Council. As you are aware, the District's source of acquisition and develop- ment funds is legislatively authorized monies granted by the Metropolitan Council to effect the Council's Capital Improvement Program. The District is disturbed that its requests for funding have been reduced substantially in the Council's proposed CIP, seriously impacting the future acquisition and development of parks and faci'lities to serve Hennepin County residents, including residents of your municipality. Under current proposals, the District will receive only 8 percent of the total Capital Improvement Program funds to be allocated to the ten implementing agencies. A fairer share, based on Hennepin Countys proportion of the total popula- tion of the Hetropolitan Area, and the fact that funding allocated to the Minneapolis Park and Recreation Board also serves Hennepin County residents, would be nearer to 30 percent. Acquisition and development projects throughout Hennepin County are affected; If there are particular acquisition and development projects which you feel are particularily important in serving the residents of your municipality, I would encourage you to make your feelings known to the Council. The Council is currently scheduled to adopt a final Capit~l Improvements Program on December 23, with preliminary dis- cussions throughout the month of December. If you would like further information regarding the status of District projects within your area of the County, feel free to give me or the Superintendent's Office at the District Headquarters, 473-4693, a call. My best, Hennepin County Park Reserve District Board of Commissioners WB:ch LAKE MINNETONKA CONSERVATION DISTRICT REGULAR M~ETING TONKA BAY VILLAGE HALL October 27, 1982 The regular meeting of the Lake Minnetonka Conservation District was called to omder by Chairman Brown at 8:03 p.m. on Wednesday, October 27, 1982 at the'Tonka Bay Village Hall. Members present: Richard Garwood (Deephaven), Robert Brown (Greenwood), Robert Pillsbury* (Minnetonka), Lois Johnson (Minnetonka Beach), Jori Elam (Mound), JoEllen Hurr (Orono), Robert Rascop (Shorewood), Ed Bauman (Tonka Bay), Richard' Soderberg (Victoria), Robert MacNamara (Wayzata), and Robert Slocum (Woodland). Communities represented: Eleven (11). *Arrived late. Officers for the coming year were installed: Chairman Robert Brown, Vice Chairman Robert Rascop, Secretary JoEllen Hurr, and Treasurer Ed Bauman. MacNamara Moved, Hurr Seconded that the minutes of the September 22, 1982 meeting be approved. Motion, Ayes (10), Nays (0). Bauman Moved, MacNamara Seconded that the Treasurer's report be approved and the bills paid. Motion, Ayes (10), Nays (0). BOYD VARIANCE: The hearing panel had recommended approval of William A. Boyd's DUA variance to continue his present dock configuration, if ac- ceptable alternate plans were submitted prior to the Board meeting° The Board reviewed those plans. Rascop Moved, MacNamara Seconded that the William A. Boyd variance ap- plication be approved based on the plan submitted that shows removal of 12 feet of the north dock. Motion, Ayes (11), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed Special Event Permit applications and made recommendations, and reviewed and made recommendations on the county's request for an amendment to its 1982 maintenance program for cleanup and riprap of the west side of the Hendrickson Channel, to be completed this fall, funding being available. The committee reviewed a letter from the Wayzata prosecutor indicating municipal court's problem in determining whether the 12 p.m. on the QW sign in Grays Bay means 12 p.m. midnight or 12 p.m. noon; the committee recommends that the signs coincide with the LMCD Code to specify "4 o'clock Friday to 12 o'clock midnight Sunday, and holidays." The committee received and reviewed the Water Patrol inspection list of Slow buoy placements and maintenance for 1982, and continued the matter to allow committee members time to review the program in more detail. The committee received a copy of the national navigation act of 1980 for study and possible future recommendations. The committee discussed the need for future inclusion under Special Event Permit requirements such activities as bass fishing contests, treasure hunts, boat shows, and sailboat regattas on weekends. CALL TO ORDER ATTENDA2~~' OFFICERS INSTALLED MINUTES TREASURER'S REPORT BOYD VARIANCE SIGNS NAVIGATION ACT LMCD Board Meeting October 27, 1982 Page 2 The Water Patrol reported to the committee that it reviewed the need for changes in signing on Grays Bay and in Black Lake because of prosecution difficulties this year. Law enforcement increased on the Lake this summer, reflecting higher activity and bringing the Water Patrol nearer to needed operating levels. This year 430 citations were issued, as compared with 290 last summer. Pillsbury Moved, MacNamara Seconded that the committee report be accepted. Motion, Ayes (11), Nays (0). MacNamara Moved, Bauman~Seconded that the Special Event Permit appli- cation for Lord Fletchers of the Lake's broomball court this winter, providing for an e~tra court as needed, be approved: Motion, Ayes (11), Nays (0).' Elam Moved, Hurt Seconded that the Lord Fletchers of the Lake Special Event Permit application for a boat show be approved with the following stipulations: (1) professional guards be on duty to preven~ other use of the area; (2) all slips will be used for display purposes only; (3) the area will be appropriately signed nine days in advance of the show; (4) no boat access will be allowed to the area; (5) the area will be roped off with swimming-area type controls between 12 noon Thursday and 6 p.m. on Sunday; (6) this is an after-season promotion and no boat parking will be allowed; and (7) permit is granted on a one-time basis only without intending precedent for future District obligation. Motion, Ayes (11),-Nays (0). MacNamara Moved, Rascop Seconded that an amendment to the county maintenance program for 1982 to include the Hendrickson Channel improve- ment, be approved. Motion, Ayes (11), Nays (0). WATER STRUCTURES & ENVIRONMENT COMMITTEE: Rascop reported that the committee reviewed public hearing reports for Frederick, Lord Fletcher Apartments, Chaska Marine, Celia Haley, and Minnetonka Power Squadron, and made recommendations on Fletchers, Haley and the Power Squadron. Deicing permit applications were reviewed and recommended to the Board for approval subject to inspection and notice to abutting neighbors. .The status of the 1982 dock licenses and dock violations were reviewed, as well as changes in the 1983 application form that now requires information on launching ramps and more detailed information on gas storage.facilities. The committee accepted a letter from MAFLAS (Min- nesota Association of Farmers, Landowners & Sportsmen) in the matter of establishing pheasant habitat in Minnesota. The committee reviewed a Code amendment~ providing for a reduction in the allowable number of boats permitted at residential properties from 4 to 2, to deal with the problem of residential leasing of storage space, violating LMCD Code and local zoning regulations. This recom- mendation is forwarded to the Board: W.Po .REPORT SP. EVENT PERMITS: FLETCHER - BROOMBALL, BOAT SHOW COUNTY MAINTENANCE AMENDMENT LMCD Board Meeting October 27, 1982 Page 3 1. reducing the permitted number of watercraft from 4 to 2; o clarifying the language in the section regarding the "use of dock," "dock use area," and "watercraft availability unit" interchangeably; and 3. providing for a system of administrative permits for storage of 3 or 4 boats which would require proof of ownership. Pillsbury Moved, Johnson Seconded that the committee report be accepted° Motion, Ayes (11), Nays (0). Bauman Moved, Pill'sbury Seconded approval of the Lord Fletcher Apart- ments Special Density permit, the 1983 DMA permit, the 1982 dock license amendment, and the 1983 dock license for an increase from 24 to 36 WAU, with the stipulation that the Special Density permit be subject to (1) the provision of public winter access to the Lake at the apartment ramp; (2) a trial basis for one season only; and (3) the City of Spring Park indicating it would advise of any city qualifications prior to the October 27, 1982 Board meeting. Motion, Ayes (11), Nays (0). Rascop Moved, M~cNamara Seconded that the 1982 Haley commercial dock license application for 4 WAUs be approved. Motion, Ayes (11), Nays (0). Hurt Moved, Johnson Seconded that the Minnetonka Power Squadron 1982 dock license amendment to increase its WAU from 20 to 45 at the Big Island facility be approved. Motion, Ayes (11), Nays (0) o Elam Moved, Pillsbury Seconded that the following deicing permit ap- plications be approved, subject'to inspection and notice to abutting neighbors: Advance Machine Co. Big Island Veterans Camp Chaska Marine Inc. Clay Cliffe Curly's Minnetonka Marine Steve Curry William J. Duma Gayle's Marina Corp. Howards Pt. Marina Norma Johnson Reid }~cDonald Mtka Boat Works (W) Mtka Boat Works (0) Donna Pauly Rockvam Boat Yards George E. Sprenkle Tonka Toys City of Wayzata R. C. Welch Roger J. Wikner James I. Wyer and new deicing permit application for Paul F. Resberg. Motion, Ayes (11), Nays (0). The Board discussed the proposed Code amendment on the number of boats allowed at residential properties. The matter was returned to committe~ for continued review, and a letter was directed to member municipalities for recommendations, without a stated fee. RESIDENTIAL BOATS LORD FLETCHER APARTMENTS LICENSES & PERMITS HALEY LICENSE POWER SQUADRON L~CENSE DEICING PERMITS RESIDENTIAL BOATS PROPOSED AMENDMENT LMCD Board Meeting October 27, 1982 Page 4 OTHER BUSINESS: Brown reported that the Governor's Lake Minnetonka Task Force continues to meet, and is generally supportive of LMCD management of the Lake. Brown Moved, Pillsbury Seconded that the lease for office space at the Wayzata depot be renewed. Motion, Ayes (11), Nays (0). Hurr Moved, Eiam Seconded that Resolution No. 42 authorizing the desig- nation of the official depository, be accepted. Motion, Ayes (11), Nays (0). In other matters, the LMCD was represented at the annual Water Patrol dinner. ~A calendac of LMCD events for the year was'requested. The Upper Watershed Project's engineering report is expected shortly. The next meeting of the P.~CD Board of Directors will be December 8, 1982, combining the November and December meetings. ADJOURNMENT: Pillsbury Moved, Rascop Seconded at 10 p.m. that the meeting be adjourned. Motion, Ayes (11), Nays (0). OFFICE LEASE DEPOSITORY ADJOURNED Submitted by: JoEllen Hurr, Secretary Approved by: Robert Tipton Brown, Chairman LAKE M IN N ETON KA CONSERVATION DISTRICT TO: LMCD BOAKI) I~B~ FROM: F. Mixa DATE: December 8, 1982 SUBJ: 1983 Dock Licenses The follbwing dock license renewal applications are ready for Board approval: City of Deephaven City of Excelsior Excelsior Bay'Associates (Excelsior Bay Gables) City of Greenwood H. B. Kuechle Minnetonka Boat Works, Inc. (Wayzata) ~City of Mound Richard Neslun~- Schmitt's Marina Smithtown Bay Association City'of Tonka Bay City of Wayzata Roger-J. Wikner.-~--. SHERIFFS DEPARTMENT 6 Courthouse Minneapolis, Minnesota 554i 5 Don Omodt, Sheriff November 2, 1982 Mr. Robert T. Brown, Chairman Lake Minnetonka Conservation District 402 East Lake Street Wayzata, MN 55391 Dear Bob: Attached is the statistical report indicating all activity engaged in by the Water Patrol on Lake Minnetonka during the first three quarters of 1982. I am unable to make comparisons between third quarter 1982 data and third quarter 1981 data because there was no third quarter 1981 report submitted. In comparing third quarter data from 1982 with 1980, I noticed a negative correlation between enforcement activity levels and the number of complaints received. As enforcement activities have increased over the two-year period, reports of thefts, recovery of stolen property, accidents, and miscellaneous criminal complaints have decreased. I am hopeful that this trend reflects a cause and effect relationship. However, random chance and other variables effect.the number of complaints received. Further observations and study will be required to determine if a cause - effect relationship exists. Data for third 'quarter indicates that 88 percent of all activity occurs between 1200 noon and midnight and 59 percent of all activity occurs on Saturday and Sunday. Therefore, 51 percent of all weekly activity occurs during · two eight-hour periods representing the weekend afternoon hours. Another way to state the nature of this activity is to point, out that 51 percent of all activity occurs within only 9 percent of the time that the lake is available to users. Another peak density problem indicated in the data is the fact that 10 of the 42 lake areas given UILM numbers account for 1,243 or 57 percent of the total 2,199 items of Water Patrol activity. A sun,nary sheet showing the rank order of activity for lake areas is attached. HENNEPIN COUNTY an equal opportunity employer Mr.' Rober't T. Brown 2 November 2, ~982 If you have any questions regarding this report, please do not hesitate to call Sincerely, DON OMODT, SHERIFF By: A/Sgt. Dave C. Rasmussen Sheriff's Water Patrol ds Attach, NOV ! G 1~982 HENNEPIN COUNTY SHERIFF'S DEPARTMENT 1982 THIRD QUARTER LAKE MINNETONKA ACTIVITY COMPARISON Activity Rank Total UILM Order Activity Number 1 2 3 4 2O8 195 158 117 36 30 19 11 29 20 12 34 113 93 79 75 Area Excelsior Bay Grays Bay Coffee Cove Sprinq Park Bay Wayzata Bay West Crystal Bay Black Lake Carson's Bay 9 10 11 12 74 71 68 67 25 26 15 42 Lafayette Bay Smith's Bay Harrison's Bay Lower Lake 13 14 15 16 17 18 19 20 64 62 60 58 17 3 9 22 4 38 41 14 56 51 48 45 · West Arm Bay Cooks Bay Carmans Bay North Arm Bay West Upper. Lake Echo Bay South Lower Lake Seton Lake 21 41 7 22 37 1 23 37 39 24 36 37 Phelps Bay Halstead's Bay Big Island Passage Gideon's Bay 25 35 40 26 35 13 27 33 33 28 31 21 29 26 8 30 -20 10 31 17 2 32 14 18 Veteran's Bay Emerald Lake St. Louis Bay East Cryq,tal Bay East Upper Lake Old Channel Bay Priest's Bay Forest Lake 33 34 35 36 37' 38 39 40 13 13 12 11 5 6 24 16 35 23 32 28 11 10 7 5 South Upper Lake Smi thtown Bay Maxwel 1 Bay j,enning's Bay St. Al bans Bay Stubbs Bay Robinson's Bay Brown's Bay 41 42 31 27 Libb's Lake Tanager Lake O0 oo O0 oo o~ OO oo O0 r~ k~ oo O0 O0 o4~ oo OO oo oo "...4o ~0 oo Ol OO ~ g OO O0 HENNEPIN DEPARTMENT OF ENVIRONMENT AND ENERGY 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 23 November, 1982 Mr. Robert T. Brown, Chairman Lake Minnetonka Conservation District 402 East Lake Street Wayzata, Minnesota 55391 Dear Mr. Brown: Hennepin County is in the process of preparing and implementing its lake improvement program for 1983, as provided in the approved budget. The legal authority to expend funds for Lake Minnetonka is contained, in Chapter 147, Laws of Minnesota 1975. In accordance with Chapter 147, Hennepin County requests approval from the Lake Minnetonka Conservation District to provide the following services for Lake Minnetonka for the calendar year 1982. (a) Place, maintain and remove buoys and signs (b) Maintain public accesses (c) Place and maintain trash containers (d) Place and maintain temporary toilet facilities (e) Take care of emergency problems such as removing floating bogs, removing trees under county jurisdiction, correcting problems relating to blocked channels, and conducting minor channel repair that must be completed on an immediate basis. In addition to the aforementioned activities, Hennepin County will be starting and completing new projects, which are: {a} Riprap Coffee Channel (b) Riprap St. Alban's Channel (c) Riprap Emerald Lake-Cooks Bay Channel A resolution by the District Board approving the above services and projects for the calendar year 1983 would be appropriate. We respectfully request that you consider this matter at your earliest con- venience. With the numerous permits and approvals required from the Department of Natural Resources, the Minnehaha Creek Watershed District, and the District itself, time becomes an important factor in starting a project in the same year it is proposed. HENNEPIN COUNTY an equal opportunity employer Rober~ T. Brown 23. November, 1982 Page 2 Hennepin County is prepared to review and discuss any of the proposed improve- ment activities with the Board. Appropriate approvals will be requested for any other lake improvement activity when the need becomes apparent or required. P.E. Di rector L DN/EM: mvr cc: A. J. Lee, Associate County Administrator RECEIV~ NOV 2 9 L-M,C;.D. Z IN MINNESOTA POLLUTION CONTROL AGENCY RECEIVED DEC SUMMARY AND RECOMMENDATIONS Water sampling was conducted in Lake Minnetonka during summer, 1981 in order to determine existing water quality conditions following the removal of 6 of 7 municipal wastewater discharges within the Minnetonka watershed. The phase-out of these plants was begun in 1971. Lake Minnetonka is a complex, multibay lake whose basins exhibited a wide range of water quality characteristics. These conditions ranged from mildly eutrophic in the Lower Lake to highly fertile and productive in the western and northern bays, e.g. Jennings Bay, West Arm, Halsteds Bay. Summer concentrations of total phosphorus in 'the Lower 'Lake. averaged .037 milligrams per liter (mg/I) corresponding to 73 percent of prediversion levels (1968/69) while chlorophyll concentrations averaged 11'.1 micrograms per liter (ug/i) corresponding to 36 percent of pre-diversion levels." 'Dramatically improved water transparency averaging 2.4 meters (m)'or '7.9 feet (ft) accompanied these' results. In Jennings Bay, the West 'Arm and Halsteds Bay, maximum concentrations of chlorophyll exceeded 100 ug/i and average water transparencies were 5.7 m (2.3 ft).. These basins continue to receive heavy nutrient impacts from non-point sources (primarily agricultural) and, in the case of Jennings Bay/West Arm, a point source (Maple Plain wastewater treatment facility). The West Arm was the only location where water, quality appeared to significantly decline compared to 1968/69 levels. -High phosphorus levels in Tanager Lake (average = .172 mg/I) suggest that water quality improvements in the Upper and Lower Lakes and Crystal Bay have to some extent been limited by the continued influx of phosphorus released from the bottom sediments of small tributary lakes formerly the recipients of heavy wastewater inputs. Based on the results of this study, the following recommendations are made :. . 1) .As a first priority, the Maple Plain wastewater treatment plant should be phased out at the earliest possible date. This single step offers the most immediate and certain means to further reduce the discharge of nutrients into surface waters tributary to Lake Minnetonka. 2) -Agencies such as the Minnehaha Creek Watershed District and the Hennepin County Soil and Water Conservation District conduct-programs for the control of erosion and nutrient export from non-point sources.' These efforts should be continued and if possible expanded, particularly in the watersheds of Six Mile and Painter Creeks... '. ~. 3) The Lake Minnetonka Conservation District and local municipal and township governments should continue, with renewed emphasis, their efforts to educate the public concerning their role in improving and protecting Lake Minnetonka, especially by identifying ways in which the individual can actively participate in reducing phosphorus releases within the watershed. (e,g. the use of zero or Iow phosphate fertilizers and the detection of improper septic tanks or other waste disposal problems). z l) The feasibility of reducing the levels of nutrients in the outlfow from the several small lakes previously impacted by sewage should be investigated, Initial efforts should focus on quantifying nutrient inflows and outflows at Langdon Lake and French Lake followed by Tanager Lake and Peavey Pond, The extent of sediment phosphorus release and methods to reduce it should be evalUated. -2- UNIVERSITY OF MINNESOTA TWIN CITIES Gray Freshwater Biological Institute College of Biological Sciences P.O. Box 100 County Roads 15 and 19 Navarre, Minnesota 55392 October 22, 1982 Mr. Frank Mixa Lake Minnetonka Conservation District 400 E. Lake Wayzata, MN 55391 Dear Frank: I am enclosing an ll-page summary of our recent Lake Minnetonka project efforts. There are also 3 appendices containing part (only a bit more than the "tip of the iceberg") of this year's data. Synthesis of Appendix B is continuing, and will no doubt require revisions and/or additions. An Addendum detailing methods will soon follow. The L.M.C.D. support enabled us to purchase a 3-dimensional, submersible light sensor and meter. These were essential to our assessment of primary production (algal growth) because available light energy at each depth of the photic zone must be known. We are grateful for your support. Sincerely, T.H. Gries Principal Technician Lake Minnetonka Project THG/d Enclosures L.[','~.C.D. ;T 2 5 198~ I_M.C.D. REPORT TO THE FRESHNATER FOUNDATION AND THE LAKE MINNETONKA CONSERVATION DISTRICT LAKE STUDY PROGRAM T. Gries and R. Hanson PROJECT SUPPORT 8/31/81 to 10/31/82 Freshwater Foundation $50,000 Salaries, hourly labor and fringe benefits - 8/27/81 to 10/31/82 T. Gries (Research) D. Engstrom (Graduate Student) S. Welles (Hourly help) Fringe benefits Total salaries, wages and fringe benefits Supplies and Equipment $19,930 $ 4,00o $ 7,167 $ 5,830 $13,073 $36,927 NIH Training Grant in Genetics, P.I., Dr. Walter Sauerbier (Salaries and supplies for Paula Sabart) Lake Minnetonka Conservation District (for purchase of in situ light meter) Hennepin County Parks District NSF and DOE Grants $ 8,000 $ 2,500 $ 1,300 $ 3,000' Equipment and glassware, Gray Freshwater Biological Institute -- Several items of equipment purchased on NSF grants brought from University of Wisconsin or purchased by Univ. of Minnesota Graduate School (gas chromatographs, spectrophotometers, scintillation counters, computer time, secretarial help, use of driver, truck, other laboratory equipment) $20,000 TOTAL $84,800 INTRODUCTION The discussion of the scientific principles and the large amount of data presented in this report are not readily interpretable by laymen. However, research data is of little use unless it is disseminated to all persons who can benefit from the information and unless it is used to inform the public in a meaningful way of events important to the public welfare. The data are provided to the Freshwater Foundation and other sponsors for purposes they deem usefu~ to them. The data are valuable to many scientists and agencies Copies will be sent to the Metro Council and Lake Minnetonka Watershed District in order to demonstrate the value of public support of this project. We sincerely hope that it will be preserved for future use. The purpose of this report therefore is to present the scientific data, describe our first year of research.and to sunlnarize the conclusions that can be drawn from the data in laymen's language. The purpose of this research project has been and continues to be a study of the microflora and chemical cycles in Lake Minnetonka for the purpose of establishing a solid data base for the support of future research. This data base should permit predictions of the impact of cultural activities in the watershed including future development and changes in the management of stormwater and sewage treatment influents into the lake. 'In addition we 'have begun analsses of Sediments in order to develop a historical record of events to assess man's past impact on Lake Minnetonka since settlement in the watershed, in collaboration with the Limnological Research Institute (Professor H. Wright and Dan Engstrom). We hope this data base will make Lake Minnetonka an attractive site for extensive research activities by a variety of biologist, geochemists, -3- ~imnologists and other scientists interested in freshwater environments. The major components of the Lake Study program for the past year have been: 1. Measurements of the primary production rates in two bays (Crystal Bay and North Arm). Primary production describes the rate at which algae grow, i.e. the amount of algal mass formed per day (month, season, year). This part of the project involves research to develop more accurate, faster and less expensive means of measuring primary production and the development of equations that can use remote sensing data from satelites to measure primary production in large numbers of lakes in the near future. 2. The rate of sediment formation 'and sedimentation of phosphorous, carbon and nitrogen have been measured. 3. Carbon release from sediments by methanogenesis (methane formation). 4. Methane accumulation in the lake water column. 5. ~Methane oxidation in the lake water column. 6. A careful analysis of nitrogen (NO3, NO2, NH3), phosphrous, chlorophyll and oxygen concentrations throughout the water column at frequent intervals during the year. 7. The role of methane and methanol oxidizing bacteria in the decomposition of potentially toxic pollutan{s commonly found in this and other watersheds (dichloromethane, dichloroethane, trichloroethylene). Details of the techniques'used for these analyses will be provided as an addendum to this report' for the benefit of other scientists. A brief summary of the methods and the importance of the data is provided below. In addition we have provided water quality data to the City of Wayzata, -4- Lake Gleason Homeowners Association and Hennepin County Parks District (Lake Rebecca) and others at their request for use in calculating costs of lake restorative projects and for the assessment of the environmental impacts of developments on Lake Mtka. Water Quality° Reports were submitted to these groups, a program including a cost analysis for restoration of Lake Gleason was provided the homeowners association. Dr. Rossillon and Dr. Hanson met with the Lake Gleason homeowners association in attempts to develop a coop- erative program~ , Dr. Hanson has recently been contacted by several groups, one as far away as Venezuela, interested in contracting for analyses of water quality in freshwater lakes and for the development of lake restoration p.rograms. We belive we are attracting some attention. -5- A BRIEF AND GENERAL DESCRIPTION OF THE METHODS EMPLOYED IN THIS RESEARCH PROJECT AND THE SIGNIFICANCE OF THE DATA. 1. Primary production rates. Algal growth (primary production) is the primary source of sediment in developed watersheds. Other sources include detritus (leaves, grass etc.) and eroded soil that goes into the lake. Algal grOwth contributes to tunbidity and the aesthetic features of the lake. Moreover the rate and amount of algal growth are good indicators of past and present nutrient inputs 'into the lake. This information coupled with the other data described below can be u~ed to predict what will occur in the lake in the future and can be used to assess the impact of man's attempts to improve wager quality. Primary production is determined by measuring the rate of incorporation Of radioactive carbon (carbon dioxide) into algal biomass at different light intensities and different chlorophyll concentrations. When this information is available, equations incorporate light intensity on the surface of the lake (continuously recorded at field stations) and light intensities at each depth in the water column (measured with a 360°C light meter) can be used to accurately calculate how fast algae are growing at each time of a day. The data used in development of these equations are presented on pages 2. Sedimentation rates: Algae have limited lifetimes and when they die their carcasses descend to the. bottom of the lake together with other microbial bodies and material that washes into the lake. Sedimentation rates-were measured with sediment traps (PVC tubes closed at one end and suspended near the bottom of the lake with the open end facing the the surface of the lake). Placement of traps high in the water column -6- as well as near the bottom has been used to measure the amount of sediment formed in the surface waters and the amount that eventually reaches t~e bottom. The difference represents decomposition during sedimentation and/or growth of microbes below the photic zone. The traps were recovered and the entrapped material was weighed after drying and analyzed for carbon, nitrogen and phosphorous compounds. This study provides important data for construction of models predictive of rates of sediment formation. 3. Carbon release from sediments: A major proportion of the'carbonaceous material that reaches the bottom of a lake is decomposed and is released as methane (.natural gas). The oxidation of methane consumes oxygen in the bottom part of the lake, ~ontributing to an anoxic hypolimnion. It is here where large amounts of methane accumulate, Figure B45-53. Only methane which diffuses up to oxygenated waters (near the thermocline) will continue to be oxidized. The rate of methane information is believed to be directly related to the rate of sedimentation of carbonaceous material, which in turn is related to the primary production rate. All can be indicators of the health or eutrophication status of a lake and should change when the nutrient input into a lake changes. It is important to assess each of these indicators. 'Samples of lake'bottom sediment were taken with an Eckman dredge. They were sealed in bottles without oxygen, and the amount of methane was measured by gas chromatography at several time intervals. The values obtained from these measurements, coupled with the sedimentation rates above, can be used to estimate rates of sediment formation on the rate of filling of the lake bottom. 4. The amount of methane accumulated is a measure of the eutrophication status of a lake and its ability to restore itself. Methane accumulated in the water column is rapidly oxidized during turnover. If sufficient methane is present an oxygen may be removed, resulting in fish and zooplankton kills. 5. Rate of methane oxidation: The rate of loss of methane by oxidation plus the accumulation of methane in the hypolimnion are a measure of total methane production. This data can be used to determine the fraction of total sedimented carbon turned over. These values also serve as a check on the measurements described in 4) above. The rate of methane oxidation is determined by measuring the conversion.of radioactive methane to radioactive carbon dioxide° The rate of methane oxidation is proportional to the population size of methane oxidizing bacteria. Methane oxidizing bacteria represent one of the most abundant forms of microbial life in freshwater lakes. These bacteria may be the most important organisms involved in the degradation of many potentially toxic compounds through processes called co-metabolism] The size of the population of these bacteria may therefore be predictive of the ability of a body of water to remove persistent and toxic chemicals. 6. Analyses of nutrients in the lake water column: Most nutrient analyses are taken at one or two depths in a lake. Even a casual examination of the data in the figures on pagesCl-C84 will convince the observer that this. sampling regimen can be of limited value. We have sampled the lake from top to bottom at frequent intervals and we have also sampled the sediments in order to determine the total nutrient load in the lake. The analyses included particulate and soluble phosphates, nitrate, nitrite, ammonia, oxygen and sulfur compounds. When the concentrations of these compounds are integrated over the entire water column a true picture of hutrient loads can be obtained. RESULTS A brief description of the results of approximately 5 quarters of' work is presented in this report. The major conclusions are underlined and summarized' at the end of this report. 1. PRIMARY PRODUCTION The figures on pagesA1-9describe measurements of Secchi disc readings, chlorophyll, phosphate and inorganic nitrogen concentrations in North Arm and Crystal Bay of bake Minnetonka. The comparison of chlorophyll concentrations and Secchi disc readings (.figureA2) show that the Secchi disc readings give a first estimate of algal populatiOns but they cannot be used when more precise measurements of chlorophyll concentrations are required. For example measurements of chlorophsll bS more precise methods (sampling or remote sensing) will be requir'ed to estimat algal growth rates and to determine if small differences i~n algal popul.ations occur from one sear to another and if changes occur over time. There is a direct correlation between-the amount of surface total phosphorous and the concentration of chlorophyll (FigureAg)o This information indicates that much of the available inorganic phosphorous in the epilimnion is consumed to support'the growth of algae and that the algal populations are primarily limited by the supply of phosphorous rather than the supply of nitro- gen Or micronutrient~. The first spring algal bloom consumes inorganic nitrogen in the water column, and from May until turnover in October, the N:P ratio in the epilimnion declines to a value less than 16 (That required for growth of non-nitrogen-fixing species). One can expect nitrogen-fixing algae and aquatic plants to be dominant during this period. There is very little inorganic nitrogen available in the epi~lmnic during this pe ..d. T, he abundance of inorganic nitrogen in the hypolimnion only becomes a~i~able to algae after fall turnover (figures C4 and C16). There has been no significant change in total phosphorous in either North Arm or Crystal Bay in the past 13 years. Unfortunately hypolimnion phosphate levels are not available for 1968-69. The data in figures A5 and A6. algal'populations have not significantly decreased. This agrees with data from Hick~ck Associates which shows an increase in oxygen consumption that normally is a result of increased primary production. This information suggests that increased non-point source phosphorous pollution has exceeded or equalled the decrease due to elimination of point sources or that.point sources made relatively small contributions to the phosphorous loadinq. This information suggests that increased non-point source phosphorous pollution has exceeded the decrease due to elimination o__[f ~oint sources or that point sources'm~de relatively small contribUtions to the phosphorous loading. Extinction coefficients (light absorption by algae and other particulate matter) have been determined at different times in the two bays. (Figures B2 to B14). These numbers are a convenient measure of sediment and algae populations ' and are required for the calculations of primary production presented i.n figures . An increase in the extinction coefficient reflects an increase in the concentration of suspended matter (algae or sediment). The data in Figure B17 indicate that the two bays have equivalent concentrations of suspended matter. Extinction coefficients are convenientls and accuratelS measurable and can be used to compare lake water qualits from sear to sear. Thes are more precise than Secchi disk readings. Both are reliable indications of water qualit~ (Figures A2 + B16) as determined by turbiditS measurements. Estimates of primary production in surface waters are provided in figure B29. Hourly light intensity measurements for the past year are now available. This information, the extinction coefficients in figuresB2 to B14, and chlorophyll measurements (figure B28) can be used to calculate primary production rates for the summer of lg81. 2. Oxygen and Methane Concentration Profiles: In the stratified lake, methane produced in the sediments accumulates in the hypolimnion except for the fraction that is oxidized by methane oxidizing bacteria. After fall turnover the entire lakewater column is oxygenated (see North Arm profiles of 10/20/81 and 11/16/81), Appendix B, B37-38. The oxidation.of the methane produced from organic matter in the sediments consumes oxygen. A good illustration of this phenomenon is an examination of oxygen and methane distributions beginning 10/20/81 in North Arm. Two months later (1/19/82) oxygen was depleted at the lake bottom because of methane oxidation and low oxygen transfer through the ice. The lower regions of the lake contained progressively less oxygen until only the upper few meters of water contained oxygen on 4/5/82. After ice-out this picture was repeated and only the upper five meters contained oxygen in August. The accumulation of methane in the hypolimnion is a good index of the eutrophication status of a lake and can be used to predict potential winter kills of fish. A_.~n annual comparison of the rate and extent of methane accumu- lation (see Figure B32)-would be. very valuable data and would serv~ as ~means of detecting, deterioration or improvements in the nutrient input into the lake. It is 'important that these profiles are plotted each year for several succeeding years. This is becoming rather serious. In both winter and summer this lake is approaching a hypertrophic situation and serious losses of fish and zooplankton may occur if eutrophication becomes worse and a heavy snow cover prevents winter growth o__~falgae under the ice. Under current conditions phosphorous loading from non-point sources determines primary production rates. Approximatels fifts percent of the algal carbon sediments to the bottom and serves as the major carbon source for methane production. Approximately two thirds of the sedimenting carbon i~s converted t__9_o methane, and the oxidation of methane consumes most of the oxygen in the hypolimnion. During the next year we intend to refine this model in order to precisels determine the effect of changes in nutrient inputs on each component o__~_fthe model. We want to use models being developed elsewhere for non-point source pollution in order to identify major sources of phosphate in the watershed particularly those whose input can be readils reduced by changes in land manage- ment practices.. The role of methane and methanol oxidizing bacteria in the decomposition of toxic pollutants: We have isolated new bacteria capable of rapidly degrading several chlorinated compounds known to exist in the Lake Minnetonka watershed.. One bacterium capable of rapid growth in simple fermentations With methanol (an inexpensive substrate) can be induced to degrade dichloromethane, dichloroethane and trichloroethane at unexpected rapid rates. We believe these bacteria have substantial potential as detoxifying agents. The results of this research should be published in the next year. We are most excited about this part of the project that has been conducted by Paula Sabart, a graduate student in Microbiology. z .(33 ~ U::) 0 m Z Z 0 HEiNE~IN] DEPARTMENT OF ENVIRONMENT AND ENERGY 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 3 December~ 1982 Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Elam: I received a copy of the letter to you from Mr. Weaver, Chairman of the Metropolitan Council, dated November 30, and he also gave me a copy of your letter to him. Enclosed is a copy of "A Special Report", distributed by this department, which reviews the County Board action in August, 1982 at which the Board adopted a concept plan for solid waste energy recovery. You will note that this plan includes suburban plants which would burn about 400 tons of garbage per day to produce electricity. We are just starting to investigate and research the specifics of where and how these suburban plants could be sited. I would be pleased to meet with you to discuss this issue at your convenience° Please give me a call at 935-3381, and we can arrange a time. Luther D. Nelson, P.E. Director LDN/mvr Enclosures cc: A. J. Lee, Associate County Administrator HENNEPIN COUNTY an equal opportunity ~mploycr a special report I-Iennepin County Sohd Waste Disposal & Recovery Resource recover, y Hennepin favors diversified system An energy-recovery system involving a number of facilities which would burn the solid waste generated in Hennepin County was approved by the County Board Aug. 24. The county will consider building: -- a plant at Minneapolis-St. Paul International Airport that would burn 100 tons of unprocessed garbage a day to produce steam; -- a plant in or near downtown Minneapolis which would burn 800 to 1,200 tons of unprocessed waste daily to generate steam for heating downtown buildings; -- suburban plants which would burn about 400 tons of garbage per day to produce electricity. These plants would be sited for the future sale of steam and hot water. "It's expected that if a facility such as the one proposed for the airport can be established and shown to be a success, it will serve as an inducement to implement similar projects in the county, particularly as energy costs continue to rise," said Luther Nelson, Department of Environment and Energy director. · A committee of County Board members and Minneapolis aldermen is reviewing five proposed sites for a district-heating plant. Locations under consideration are the Lyndale Yard site, near the intersection of Highways 94 and 12; the West Riverbank site, between 33rd and 36th Avenues N. on the west bank of the Mississippi River; the Industry Square site, east of the central business district; the railroad site, at Washington and Chicago Avenues S.; and the Third Avenue site, between Third Avenue and the railroad tracks and Fourth and Seventh Streets. The joint committee, which has been meeting since early July, has been addressing such ~ssues as proximity to housing and businesses, environmental and aesthetic considerations, soil conditions, site size, loss of tax base, displacement of existing business and existing plans for development of the sites. The board directed the county administrator to negotiate contracts with consultants to perform several tasks prior to the preparation of a request for proposals. They include siting evaluations, market commitments, recommendations on risk-sharing, waste supply, preliminar~ environmental work and project scheduling. The board emphasized that the county is "not precluded from considering information about resource-recovery alternatives other than those specifiCally identified in this re~olution." The multi-facility approach was recommended by the county's solid- waste technical adviser -- Henningson, Durham & Richardson, Inc., of Minneapolis -- and the county Environment and Energy Department. Hennepin is considering the construction of such plants because licensed landfill space is filling up rapidly in the county and the rest of the Twin Cities area and because of public resistance to new landfills. The county is committed to reducing the amount of waste sent to landfills through such methods as recycling and leaf composting. A total of 2,700 tons of waste is produced by county residents each day, and nearly all of it presently is disposed of in landfills. In order to proceed with the airport plant, the board directed the county administrator to negotiate the necessary agreements with the Metropol!tan Airports Commission. A work program will be prepared. Landfill sites The Metropolitan Council has approved two of Hennepin County's five proposed landfill sites. Approved were potential sanitary-landfill sites in Dayton and Greenfield. Sanitary- landfill sites in Independence and Hassan Township and the proposed demolition-landfill site in Greenfield were rejected. The Metro Council asked the county to propose three alternative sites. The approved sites go into a regional "pool," and the Metropolitan Council Is to determine how many sites from the pool are needed in the Twin Cities area. Pictured is the Flying Cloud landfill in Eden Prairie, one of two landfills now operating in Hennepin. CITY of MOUND MOUND, MINNESOTA 55364 (612) 472-1155 December ]3, 1982 TO: CITY COUNCIL FROM: CITY MANAGER Attached is the Memo from the League of Cities outlining the budget cuts and adjustments passed by the Legislature last Friday. For Mound, the budget cut amounted to $11,402.33. This is a small enough cut that probably will insure us ending the year in the red and can be adjusted for in the 1983 budget which I have done. This cut on top of the previous cuts means for 1982, we received $46,OOO. in budget cuts from the State. When you think we cut the levy another $50,000 for 1983, I think that is something you could all brag about. All City employees will take a 2% pay cut for 1983 by an increase in pension fund allocations from 4% to 6% of gross salary. As I understand it, this amount will be forwarded to the State who will transfer the 4% to PERA and keep the other 2% to help reduce the State budget deficit. In the end, a roundabout way of taxing all public employees 2% of their salary. JE:fc enc. December 14, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 FINANCIAL THOUGHTS We will cut $11,400 from the 1983 General Fund covering: Police $8,000. Planning & Inspeco 1,O00. Streets 2,400. $I1,400. 2. Freeze all new capital expenditures effective January ]st. 3. Urge any city employee to take up to two weeks off without pay,. while continuing all fringe benefits. 4. Cancel all city employee attendance at any schools or conferences. 5. Review all city consultant agreements to enlist savings of $3,000 - $4,000 in 1983. Jon -league of minnesota oities December 10, 1982 TO: Mayors, Managers, and Clerk From: Don Slater, Peggy Flicker, and Peter Tritz RE: qTATE BUDGET BILL PASSED The Legislature tOday approved a bill to solve the state's budget crisis. This bill is a slightly modified version of the bill that was turned down by the House on December 7. I. EFFECT ON CITIES The bill has two major effects on cities: 1. Local government aid cuts. Cities' December payments of homestead credit, local government aid and attached machinery aid will be reduced by a total of $5.78 million. Each city's December check will be cut by an amount equal to 1.15% of the sum of its local government aid (not including homestead credit reimbursement) and its payable 1982 levy limit. The actual payment of the December aid and credit will be delayed one week, to December 22. 2. Pension funding changes. During all of calendar 1983, city employees will be required to contribute an additional 2% of salary to PERA. (This is reduced from the 2½% originally proposed.) This brings a "coordinated" employee's total PERA contribution to 6%. The city will continue to make its 5½% contribution for "coordinated" members to PERA as well. PERA will then pay to the state general fund an amount equal to 4% of salary, for the first six months of 1983. Members of PERA police and fir~ fund and "basic" fund will be similarly treated; i.e., they will contribute an additional 2% of their 1983 salary to PERA, which will be passed on to the state. Members of all other public pension plans, including local police and fire relief associations, the Minneapolis municipal employees' retirement fund, the state employees' retirement system, the teachers' retirement plan, the legislators' retirement system and the judges' retirement system will also make the same additional 2% contribution. The additional 2% contribution is treated by PERA as an employee contribution; thus, if the employee leaves his job, he may withdraw his entire 6% contribution from PERA. The bill also provides for restructuring of PERA so that the employee's entire 6% contribution will be deductible for federal income tax purposes. (The federal deductibility is contingent on a favorable IRS ruling. However, as restructured the plan appears to meet the IRS requirements, and thus a favorable ruling is expected.) fl ~S LJniver$ity avenue easC, st. paul, minnesoCa ~51 ©fl (G 12) 227-5G00 (OVER) These contributions are subject to the state income tax, however. II. TAXES income tax. The bill increases state income taxes by imposing an additional 3% surcharge, bringing the total surcharge to 10%; as it stands the surchage will expire June 30. Sales tax. The bill raises the sales tax to 6% for January 1 through June 30. The bill does not make clothing taxable, or contain other broadening features. Provisions in the original bill for a 6% telephone tax were elminated. Property tax. The original bill would have moved the property tax payment dates up one month. These provisions were dropped from the bill as passed. III. OTHER CUTS AND SHIFTS The bill includes other cuts as follows: school aids, $17 million; state agencies and institutions, $46 million; county, township, and special district aids, $8.3 million. The bill also shifts $100 million of school aids into the next biennium. COMMENTS F~na! passage of this bill in the House occured by a bare 68-57 majority. For cities, passage of the bill was crucial because of the Governor's announcement Friday that if no bill was passed, he would unallot the entire amount of cities' December aid and credit payments. Earlier indications had been that cities would 'share equally with other entities in taking a 29% cut. The announcement that all of the December money was at stake raised cities' ante from about $16 million to nearly $50 million. Despite the amendment decreasing the employees' PERA contribution from 2½% to 2%, a 20% reduction, there was still strong opposition to this bill from most public employee unions. City officials should recognize that it was difficult for legislators to vote for this bill. City officials certainly will find distasteful the idea of the state in effect stepping in and adjusting cities' payrolls. Nevertheless, the end result presents the least institutional damage to cities.' DAS:PT:lw