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85-07-09 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M.~ TUESDAY, JULY 9~ 1985 COUNCIL CHAMBERS 1. Approve Minutes of June 25, 1985, Regular Meeting Pg. 1655-1668 Report from City Attorney regarding Continental Phone Rate Increase - Verbal Report Pg. 1669 Request of Several Residents of Edgewater Drive to Appear before the Council Regarding Blue Lagoon Marina Pg. 1670-1680 4. Comments & Suggestions from Citizens Present 5. Ganzel Sewer Hook-Up at 4809 Bartlett Blvd. Pg. 1681-1685 Miscellaneous License Renewals On-Sale Beer - Mound Lanes Cigarette - Blue Lagoon Marina Restaurant - Blue Lagoon Marine Pg. 1686-1687 7. LMCD Code Amendment Regarding Boat Storage Pg. 1688-1696 Quotations to Repair Council Chamber's Microphone System Pg. 1697-1698 Amendment to City Administrative Code, Regarding Health Insurance for Permanent Part-Time Employees Pg. 1699 10. Revised Balboa Co./City of Mound Parking Lease for Former Tonka Building Pg. 1700-1704 11. Consideration of Downtown Parking Plan Pg. 1705-1710 12. Discussion Regarding Beachwood/Rosedale Water Storage Pond Pg. 1711-1715 13. Set Date for Public Hearings A. Amendment to Zoning Ordinance Adding "Planned Industrial Area" as Conditional Use. B. Consider a Conditional Use Permit to Establish a Planned Industrial Area at 5300/5340 Shore- line Blvd. SUGGESTED DATE: JULY 23, 1985 Pg. 1716 Pg. 1717 13. Payment of Bills Pg. 1718-1727 Page 1653 14. I NFO RMAT IO N/MISCELLANEOUS A. July Calendar B. Letter and Material Regarding Fair Labor Standards Act. C. Letter from DNR Regarding Geese on Lake D. Notice of Contel Rate Hearing - Sept. 12, 1985, - School Dist. Board Room E. Letter from Hickok & Associates regarding George Boyer F. News Clipping regarding EEOC Comment on Comparable Worth G. HEI News Clipping H. AMM Report on Legislative Summaries I. Letter from Hennepin County Health Dept. Regarding Captain Billy's J. Liquor Store Sales Report for June K. General Investment Report News Story L. Wall Street Journal Clipping regarding Zoning M. Action Alert Newsletter - LMC N. June Financial Newsletter - Public Financial Systems O. Metro Council Review- June 14, 1985 Pg. 1728 Pg. 1729-1739 Pg. 1740 Pg. 1741 Pg. 1742 Pg. 1743 Pg. 1744 Pg. 1745-1752 Pg. 1753-1755 Pg. 1756 Pg. 1757-1758 Pg. 1759 Pg. 1760-1761 Pg. 1762-1765 Pg. 1766-1767 Page 1654 June 25, 1985 MINUTES REGULAR COUNCIL MEETING JUNE 25, 1985 The City .Council of Mound, Hennepin County, Minnesota, met in regular session on June 25, 1985, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, in said City. Those present were: Acting Mayor Russell Peterson, Councilmembers Phyllis Jessen, Gary Paulsen and Steve Smith. Mayor Polston was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, City Engineer John Cameron, City Planner Mark Koegler and City Clerk Fran Clark; and the following interested citizens: Jeff Borns, Bill Gilbertson, Tom' Ptacek, Clyde Wallin, Emily Braaten, Cheryl Grand, H. R. Van Zanten, Larry Connelly, Jr., James Bedell. Acting Mayor Peterson opened the meeting and welcomed the people in attendance. % The Minutes from the June 11, 1985, Regular Council Meeting were presented for consideration. Councilmember Smith stated that he would like page 113, the last sentence in the first paragraph to be amended. There was discussion on how it should be amended. The following was decided by the Council, delete the last sentence and insert the following: "The plans dated May 15, 1985, labeled A-1 and A-2, which include only the 3 changes as referred to in the Minutes of the May 21, 1985, Meeting, are now incorporated into the resolution." MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to approve the Minutes of the June 1985, Regular Meeting, as amended above. The vote Was q in fa¥or with Mayor Polston being absent and excused. Motion carried. The Minutes from the June 11, 1985, Reconvened Board of Review were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the Minutes of the June 11, 1985, Reconvened Board of Review as presented. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. 127 June 25, 1985 PUBLIC HEARING: DELINOUENT UTILITY BILLS FOR JUNE The City Manager stated that the reduced delinquent figure is now $2,492.84. Acting Mayor Peterson opened the Public Hearing and asked if there was anyone present who wished to speak with regard to a delinquent utility bill. JEFF BORNS, owner of 3136 Westedge Blvd. stated that his tenant had not paid the bill and was responsible for it. The Council explained to Mr. Borns that the utility bill for sewer and water stays with the property and he would have to take his tenant to court to collect the bill, but in the meantime if he did not want the water shut-off he would have to pay the delinquent amount of $143.42. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-76 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,492.84 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. CASE ~8~-426: WILLIAM GILBERTSON< ~qlO HAWTHORNE ROAD? LOTS 1 & 2, BLOCK 10, THE HIGHLANDS~ FRONT YARD VARIANCE The City Manager explained that the applicant is applying for a variance to allow the construction of a 380 square foot, 24 foot by 16 foot addition to the dwelling with sideyard setbacks of between 9 to 13 feet to the west property line. The existing structure has a nonconforming 13.67 foot setback at the closest point to the front property line. This property has road on 3 sides. The Planning Commission has recommended approval due to the shape of the lot and the addition will allow the owner to bring the floor area of the dwelling up to the minimum allowable. Paulsen moved and Smith seconded the following resolution: RESOLUTION ~85-77 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOTS 1 & 2, BLOCK 10, THE HIGHLANDS, PID #23-117-24 42 0043 The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. 128 June 25, 1985 CASE #85-427: JAMES E. BEDELL, FOR LOT 8, BLOCK 1, SHADYW00D POINT~ LOT WIDTH & AREA VARIANCE The City Manager showed the Council a map that was done on the properties in Shadywood Point. In Block 1 there are 10 parcels of property. Of those 10, 6 are nonconforming in lot area and width for the R-1 zoning. Of the 68 parcels in the area at the end of the point which are R-l, 36 are nonconforming in lot area or lot width, and 32 are conforming. The Planning Commission recommended approval. Mr. Bedell was present and stated that he feels this property meets all-6 criteria for obtaining a variance as stated in Section 23.506.1 of the Zoning Ordinance. Cou~cilmember Jessen stated that normally she would not vote for this variance, but in looking at the lots around this one it would appear that a variance should be granted for conformity. She indicated that the zoning of R-1 may be incorrect for this area. Councilmember Peterson stated that he is not for this variance because it is 27% and could set a precedent. He stated he felt we need to be consist in rulings on variances. He then asked Mr. Bedell how long he has owns this lot. Mr. Bedell stated not that long. Mr. Bedell further stated that the house on Lot 9 was built in 1979 and was granted a variance in area just as he is asking for. He stated he has talked to the surrounding neighbors and they do not care if he builds on this lot. There was discussion on rezoning this area of Shadywood Point so that it is in conformity with the dwellings that exist. R-1 at 10,000 lot area and a 60 foot lot really does not fit where the lots are almost all 50 feet wide and less than 10,000 square feet. So it was felt that the area should be looked at for rezoning because it may have been incorrectly zoned to begin with. Councilmember Peterson stated that he would support a rezoning before supporting this variance. Smith moved and Jessen seconded the following resolution: RESOLUTION ~85-78 RESOLUTION TO APPROVE A VARIANCE IN LOT WIDTH AND AREA FOR LOT 8, BLOCK 1, SHADYWOOD POINT, PID ~18-117-23 31 0002 (2040 SHOREWOOD LANE) The City Attorney stated that he thinks findings for granting the variance should be incorporated in the resolution. The Council agreed to the following being incorporated into the resolution: 1. Exceptional or extraordinary circumstances due to existing sites in close proximity to it. 129 June 25, 1985 2. Out of the 60 some parcels in that area, 30 some are either nonconforming in lot area or are nonconforming in lot width. 3. The adjoining property had a variance approved in 1979. 4. The variance requested is the minimum variance which would alleviate the hardship. 5. That special conditions or circumstances do not result from the actions of the applicant. 6. The applicant will adhere to all setbacks when building. MOTION made by Councilmember Jessen, seconded by Councilmember Smith to add the findingm above to the proposed Resolution ~85-78. The vote was 3 in favor with Councilmember Peterson voting nay and Mayor Polston being absent and excused. Motion carried. The vote on the original Resolution #85-78 was 3 in favor with Councilmember Peterson voting nay and Mayor ?olston being absent and excused. Motion carried. MOTION made by Councilmember Smith, seconded by Councilmember Jessen directing the Planning Commission to look at the area on Shadywood Point which is zoned R-1 and see if it should be rezoned to R-2 to be more in conformance with the lots that exist. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. ~ASE ~85-q28: RICHARD & JOAN AHMANN~ 2017 ARBOR LANE, LOT SKARP & LINDOUIST'S RAVENSWOOD~ VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK The City Manager explained that the applicant has applied for a variance to allow structural alterations, an attached 23 by 24 foot, and a roof line change. The existing structure has a setback to the side yard of 3 feet. The Planning Commission has reviewed the request and recommends the variance to recognize the existing nonconforming side yard setback upon the condition that a registered land survey be submitted prior to the construction of the garage addition. Paulsen moved and Smith seconded the following resolution: RESOLUTION #85-79 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOT 3, SKARP & LINDQUIST'S RAVENSWOOD, PID #13-117-24 41 0002, (2017 ARBOR LANE) The vote was 4 in favor with Mayor Polston adsent and excused. Motion carried. 130 une 25, 19 5 CASE #85-42q: HAROLD R. VAN ZANTEN, 2001 LAKESIDE LANE~ LOT BLOCK 10~ SHADYWOOD POINT~. SIDE YARD VARIANCE RECOGNIZE NONCONFORMING SETBACKS The City Manager explained that a variance has been applied for to allow the construction of a 20 foot by 25 foot, 10 inch deck and porch addition to the dwelling with side yards of 6 feet and front yard of 24 feet. The Planning Commission has recommended approval. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #85-80 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOT 13, BLOCK 10, SHADYWOOD POINT, PID ~18-117-23 32 0022, (2001 LAKESIDE LANE) The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. BEACHWOOD ROAD POND REPORT - JOHN CAMERON The City Engineer explained that the existing storm sewer system, which discharges into the pond in question, was constructed as part of the 1978 Street Improvments; Upon completion, of this system a significant difference was noted in the high water elevation of the pond after heavier rains. To eliminate that problem a 12" overflow storm sewer was installed from the existing catch basin in Beachwood through an easement on the John's property to Lake Langdon. If the overflow is working the pond should stay at a fairly constant level, with only heavy rains or quick thaws causing it to raise, but the level should recede fairly fast. This Spring debris was restricting the flows though the catch basins to the overflow pipe, when the water tower was emptied. It has since been cleaned out and the water receded to the elevation of the overflow pipe. Residents Jerry Kust, Roland Flugum and Tom Ptacek were present and all agreed that a 1 inch rain causes a 4 to 6 inch rise in the pond and it takes 2 days to drain down. They further stated that the pond never rose to this level until the storm sewer was put in and there was no outlet at that time. Mr. Flugum stated that Rustic and Garden used to run down to Lake Langdon and since the roads were put in, it drains to the pond. There was discussion on the elevations and possible damage to property in the area of the pond. The residents stated they would like to see a level of 966.7 maintained for the pond. 131 June 25, 1985 The City Engineer stated that the only sure method of maintaining a lower level in the pond and to assure no flooding even in a 100 year storm would be to lower the overflow pipe in the pond. This would involve relaying the pipe from the pond to a point on the John property where the grade breaks and slopes steeply to Lake Langdon. Their estimate for the cost of this is $19,000. MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson directing the City Engineer to continue to study this, see if there are other options to alleviate the problem and get costs of those options. The vote was 4 in favor with Mayor Polston absent and excused. Motion-carried. PAISLEY ROAD EXTENSION REPORT The City Engineer reported that they now have figured that the cost for installing sewer and water, extending Paisley Road would be estimated at $29,000. Mr. Forystek has proposed that the City pay the cost of replacing the last 60 feet of the existing street including engineering costs or approximately $4,600. The remainder of the development cost of approximately $24,200. would be paid 50% in cash by the developer and 50% assessed back to the property. The City Engineer recommends that the City pay for reconstructing the. existing portion of Paisley Road, but Mr. Forystek should be responsible for all engineering costs associated with the project because if it were not for his project the street would remain the same. The City Attorney'~tated that the City cannot proceed on this project until it has a petition from 100% of the property owners to be assessed asking for this improvement. That petition would then be validated by the City Attorney and then the project could proceed. Mr. Forystek asked if he could hire his own engineer and contractor to do this project. The City Attorney state yes, but he would have to abid by all the specifications of the City. The Council took no action on this item. SET DATES FOR CITY COUNCIL BOAT AND BUS TOURS IN JULY MOTION made by Councilmember Jessen, seconded by Councilmember Peterson to set July 16, 1985, at 6:30 P.M., for a boat trip to view the City Commons areas, etc., boat will leave from the Mound Bay Park Dock; and set July 30, 1985, at 6:30 P.M. for a bus trip around the City to look at certain problems, etc., bus will leave from City Hall. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. ', 132 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Acting Mayor Peterson asked if there was anyone present who wished to address the Council. Ms. Emily Braaten, 2001 Arbor Lane, was present and stated that she is having a terrible problem with number of geese that have invaded her property. The clean-up is more than she can handle as an older person. She stated she would like the City to move the geese somewhere else. The City Clerk reported that she has spoken to the DNR and the University-of Minnesota. They have no crews available for this year to move the geese and they felt the geese would be gone in another week, when they get their feathers. The University does have a program that the City could get into, but it would cost the City $2,000 to $3,000 the first year and approximately $500 per year after that to control the population of the geese. It is too late this year to get into this program as their crews are already scheduled. The Council sympathsized with Ms. Braaten's problem, but stated the City does not have the personnel to handle this. They decided to consider the expense to control the goose population when the Budget is considered. The City Attorney stated that he has seen plastic swans set in yards that scare the geese away and suggested that Ms. Braaten try that. Mr. Richard Ahmann, 2017 Arbor Lane, stated that he had seen the City Manager's article in the paper on the Burlington Northern abandoning the rail line and suggested that the Council take a look at the area near Edgewater Drive where the railroad comes thru for rezoning from B-2 to R-3 for a condominium project. The Council thanked the citizens for their input. REOUEST FOR "NO PARKING" SIGNS ON SUNRISE LANDING The City Manager stated that~ Mr. Carl Anderson of 1754 Shorewood Lane has requested that the City install "No Parking" signs on each side of his driveway off of Sunrise Landing so that people using the landing would not block his driveway. The Council discussed this and decided that Mr. Anderson should probably have been required to have his driveway come off of Shorewood Lane when the street project was done and that it would not take that much for him to have one installed. This would also leave the landing for what it was intended which is a place for people using the access to park or launch boats. 133 June 25, 1985 MOTION made by Couneil member Jessen, seconded by Councilmember Paulsen to deny the request of Mr. Carl Anderson, 1754 Shorewood Lane, to install "No Parking" signs on each side of his driveway off of Sunrise Landing. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. QUOTATIONS FOR REPAIR OF STREET DAMAGE CAUSED BY WATERMAIN BREAKS The City Manager reported that the City has received two quotations for the repair of streets damaged because of watermain breaks. They are as follows: Buffalo Bituminous $ 9,820.25 Preferred Paving $ 15,401.88 The Staff is recommending Buffalo Bituminous be awarded the job. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to approve the bid of Buffalo Bituminous in the amount of $9,820.25, for repairing the streets (Highland Blvd. and Hazelwood Lane) damaged by the watermain breaks. The vote was 4 in favor with Mayor Polston being absent and excused. Motion carried. SET DATE FOR PUBLIC HEARING - ZONING AMENDMENT TO ALLOW ACCESSORY The City Manager explained that the Planning Commission has been working on this fo~ about 6 months and has not yet come up with anything. Mr. Kevin Norwood, the applicant who spawned this discussion is still using an area in his home for an accessory apartment. The Building Inspector is still getting complaints from various areas of the City that people are using single family dwellings and renting accessory apartments. She would like some direction from the Council. The City Planner stated that there is no official policy on accessory apartments and the question should be dealt with. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to set July..23, 1985, at 7:30 P.M. for a public hearing to consider a zoning amendment to allow accessory apartments in residential zoning districts. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. SAC CHARGES & UNIT CHARGES FOR CHAPMAN PLACE The City Manager explained his memo to the Council, dated June 17, 1985, regarding MWCC SAC charges and the City unit charges, pointing out that these are two separate and different charges totally. MWCC SAC charges go directly to the Metro Waste Control Commission to help finance future sewer capacity. The City's June 25, 1985 unit charges are used to cover the capital cost of people who were not assessed unit charges under the original sewer assessment program, ~and the funds go into the Sewer Fund to help cover future capital improvements. The developer for Chapman Place, Mr. Prokasky, is trying to mix the two up in order to not have to pay the City's unit charges. The Surf side is deficient in unit charges by 18. 18 times the City unit charge of $292.00 equals $4,964.00, which he has paid but wanted the Council to decide if he had to pay this or if he could use the MWCC's SAC credits against the amount owned for the City's unit charges. The Council discussed this and agreed that the two charges are completely different and separate. MOTION made by Councilmember Jessen, seconded by Counci~member Paulsen to deny the request of the developer for Chapman Place to use the MWCC SAC credits to pay the City's unit charges. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. ' REOUEST TO RELEASE FOR PRIVATE SALE TO ADJOINING PROPERTY OWNERS LOTS 1R & 147 BLOCK 20~ AND LOT 1, BLOCK 20~ SHADYWOOD POINT The City Manager explained that these three lots have been a dumping ground for the neighborhood for years. They would need a drainage plan if they were to be developed. He stated that he sent a letter to all the neighboring properties asking what they would like to see done with these lots or if they preferred to keep them as a dumping ground. Two persons responded to the letter and are interested in purchasing them and combining them with their property. The City could release these lots for private sale to adjoining property owners, but retaining a drainage easement or requiring a drainage plan if they were ever developed. Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~85-81 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. pAYMENT OF BILLS The bills were presented for consideration. 135 June 25, 1985 MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of $80,188.74, when funds area available. A roll call vote was 4 in favor with Mayor Polston absent and excused. Motion carried. pOWNTOWN BEAUTIFICATION PROGRAM The City Planner presented the plan for the downtown beautification program which will be paid for from CDBG funds. He had obtained the following quotations for the trees and shrubs for this program. Otten Bros. Nursery $7,749.60 Halla Nursery $7,883.00 There would also be a cost of $139.20 from Earl F. Anderson & Associates for the appropriate signs and poles. He is recommending approval of the Otten Bros. quotation and the Earl F. Anderson & Associates cost of $139.20. Jessen moved and Paulsen seconded the following resolution: RESOLUTION ~85-82 RESOLUTION TO APPROVE THE PLAN FOR THE DOWNTOWN BEAUTIFICATION PROGRAM AND THE QUOTATIONS FROM OTTEN BROS. NURSERY AND EARL F. ANDERSON & ASSOCIATES TO BE PAID FROM CDBG FUNDS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. SET DATE FOR PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MANU- FACTURING VARIOUS PLASTIC PRODUCTS AT ~40 SHORELINE BLVD.~ PID 1~-117-24 ~ 0066 The City Manager explained that C.R. Manufacturing has now appeared before the Planning Commission and the Commission has recommended approval of the Conditional Use Permit to allow C.R. Manufacturing to manufacture various plastic products in part of the old Tonka Building. Because of publication deadlines, it could be the end of July before they would be on the Council Agenda for a public hearing unless the Council sets a special meeting. C.R. Manufacturing has to be out of their present building and in a new location by August 1, 1985. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to set July 11, 1985, at 7:30 P.M. for a public hearing to consider a Conditional Use Permit to allow manufacturing of various pastlo products at 5340 Shoreline Blvd., PID ~13-117-2~ 3~ 0066. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. Councilmember Paulsen asked the Planner if there has been any study done on allowing 1 Conditional Use Permit for the entire 136 June 25, 1985 Tonka Plant. The Planner stated yes, and that it is in the form of an amendment to the PIA of the Zoning Code and is in the Council's packet on page 1572 and 1573. He further stated that it is becoming common practice in most cities and it will still give the Council the right to approve of all business allowed in the building. INFORMATION/MISCELLANEOUS Alcohol in Parks, news article - The City Manager asked the City Council if they wished to continue the policy of allowing alcohol in the Depot Building at Mound Bay Park. The City insurance agent has been unable to get the City insurance to cover citizens having alcohol in the Depot which then puts the burden on the citizens having to have their ~'insurance agent extend their homeowners insurance to cover them for dram shop for that day and name the City as additional insured. This, to alot of agents, is difficult, if not impossible. The Council discussed this item and decided that if people want to have alcohol in the Depot, they would have to provide insurance. ~ MWCC LAKE ANN VS. LAKE VIRGINIA SEWER CONFLICT The City Manager handed out materials covering the above from a meeting he attended this week. 'He stated that the MWCC recommends the gravity sewer line (Lake Ann) and the Metro Council Staff recommends the Lake Virginia forcemain. The gravity line is much more expensive and he stated he will follow this to try to make sure that Mound residents do not end up paying more than they should. METRO TRANSIT LETTER DATED JUNE 18~ lq85 The City Manager stated that he has received a letter from the Metro Transit Commission stating that they are recommending that Mound would no longer have Route 51 service to downtown Minneapolis. Instead Mound would be served by a new Route' 75 which would operate express service .during the peak periods via the express lanes on Highway 12. During off-peak times, Route 75 would provide local service between Mound, Orono and Wayzata. They feel improved connections between express and local buses at Wayzata would be provided using timed-transfer techniques. Unfortunately they notified us of a public hearing on this only two days ago. The City Manager will monitor and keep the Council informed. FLSA-(F~IR LABOR STANDARDS ACT) The City Manager submitted a report from the ICMA on the Fair labor Standards Act for the Council's review and study. It will be discussed further at another time. 137 June 25, 1985 B. Proposed new ordinance amendment to cover the Tonka Building. C. Notice of hearing at Planning Commission - June 24, 1985. D. Industrial Revenue Bond status report for Balboa. E. Minnehaha Creek Watershed District - Agenda - June 20, 1985 Minutes - May 16th & 23 rd F. Official notice of Contel Phone rate increase. G. Notice of Burlington Northern intent to abandon railroad line thru Mound. H. News clipping from Wall Street Journal. I. Letter from Hennepin County regarding CSAH 15 Variance Hearing. J. Twin Cities Labor Market Information for June. K. Update on sewer allocation between Westonka are cities. L. Evaluation report for replacement of the Shorewood II Interceptor (Lake Virginia/Lake Ann). M. MWCC Budget hearing notice. N. Solid waste resource vendor letter - Hennepin County. O. Tax exempt bond meeting. P. Ehlers & Associates newsletter. Q. Letter from Meto Council regarding Highway 7. R. Chamber Waves - June. S. Met Council water policy statement. CHAPMAN PLACE .. Councilmember Smith asked that the Building Inspector take the plans that were originally submitted for the Conditional Use Permit in November or December 1984, and the plans, A-1 & A-2, that were incorporated into the resolution this last month and compare the two, listing all the differences between those plans. The City Manager stated that she would do this and set a time with Councilmember Smith when they could get together and go over these differences. MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to adjourn at 10:30 P.M. The vote was 4 138 June ~5, 19§5 in favor with Mayor Polston absent and excused. Motion carried. Jon Elam, City Manager Fran Clark, City Clerk BILLS ,JUNE 25',. 1985 Batch 854056---Computer run dated 6/13/85 Batch 854062---Computer run dated 6/19/85 Batch 854063---Computer run dated 6/20/85 4,591.71 52,649.72 22,947.31 TOTAL BILLS 80,188.74 30 City & State, June 1985 Officials say gas price is too high By KIMBERLY BLANTON CASPER, Wyo. -- City officials here have responded to a suit Northern Utilities filed against its suppliers seeking lower-priced nat- ural gas by saying they will con- tinue to try to force out the utility. As sole natural-gas distributor to the greater Casper area, the North- ern Utilities division of KN Energy Inc. announced in late May it would file suit in U.S. District Court in Cheyenne, Wyo., against three producers of natural gas in an effort to get louver prices for gas under its existing contracts with those producers. Northern Utilities did this in re- sponse to pressure from Casper of- ficials who complained the price the utility charges city residents is too high. With the same goal of reducing gas prices, the utility also will con- tinue talks with Amoco, the major producer of gas for the Casper area. "At the same time we are taking this legal action, we are continuing to have very significant talks with Amoco. We're quite hopeful this may lead to a negotiated change in the contract," explained Len Ed- gerly, a vice president of public af- fairs with the utility division whose sole customer is Casper. If the suit or negotiations is suc- cessful, the price of natural gas to Casper residents would go down to 88 cents per million cubic feet from the current $4.92, Mr. Edgerly said. The current price is well above what other states pay for natural gas shipped thousands of miles. Despite the suit, the city has not changed its position and will con- tinue with its plan to find a new source of gas for city residents. "We're not assured that Northern's new approach with Amoco (one of the three producers) will still bring us the lowest-priced gas in Casper," said Joseph Minner, interim city manager. "Considering Wyoming is about the fifth largest producer of natural gas, to pay the highest price (for natural gas) is ridiculous," he said. The Casper City Council has given warning it will replace the Northern Utilities division of KN Energy Inc. if it refuses to comply with recently passed state legisla- tion requiring one natural gas sup- plier to allow another to use its gas distribution network. But state legislative limits on debt issuance restrict the city's al- ternatives to Northern Utilities. If the city does find a new supplier of natural gas, one possibility is the city could issue $20 million to $30 million in industrial development bonds to finance construction of a gas distribution facility. Northern Utilities' recent rate- hike request has further enraged Casper officials. Nearby Laramie and Rawlins have joined Casper in formally intervening in the utility's rate request. Albert Ward, president of Middle West Service Co., consultant to the city conceded that because the company is caught in high-priced, long-term contracts with its suppli- ers, the high price of natural gas is not entirely Northern Utilities' fault. The contracts were signed amid the deregulation of natural- gas prices. The city contends, however, the utility refuses to negotiate a new franchise agreement to replace the old one that expired in 1983. "They have refused a franchise agreement that would include the provision to use city gas," Mr. Min- ncr said. This, he said, is an indica- tion "the local utility doesn't want to work with us (and) doesn't care about higher prices." Northern Utilities argues it is bound to the higher price through long-term contracts with its suppli- ers. Northern Utilities "is between a rock and a hard spot," Mr. Ed- gerly said. "When we turn around and try to get some relief from pro- ducers, we run into very real obsta- cles called contracts." The uproar in Casper can be heard statewide. Gov. Ed Herschler even put his weight behind the bill that gave cities in Wyoming, a state that is a major producer of natural gas, the latitude to seek an alter- nate natural-gas supplier. Under the new law, passed Feb. 23, Casper officials hope they will be able to get out from under what they view as exorbitant natural-gas prices. The ]aw's key provision pertain- lng to Casper's situation provides "the franchisee (gas company) shall furnish a gas distribution system through which any supplier, in- cluding the franchisee, may sell and distribute natural gas." The city argues that Northern Utilities will not negotiate a new agreement that includes this provi- sion. "The problem is this: The utility has said, 'We won't deliver gas for you in spite of the legislation,'" ex- plained Mr. Ward. "And the city has said, 'If you have that attitude, get out.'" To some extent, the city has bee~- forced into its extreme stance be- cause Wyoming law closes off most options. The state bars a city from financ- ing the purchase of its own natural- gas supply unless it owns the util- ity. Wyoming cities also cannot purchase an existing utility system. A bill that would have allowed cities to take either of these steps failed in the Wyoming Legislature earlier this month. The cities' option are to condemn the utility and replace it with an- other company, or to provide in- dustrial development bonds to a new gas supplier that would con- struct a distribution network. There are, however, legal prob- lems with condemning a private utility. Also, financing a new firm would mean that gas prices would be tied to today's higher costs of constructing brand new facilities, explained Mr. Ward. "Forcing them (Northern Utili- ties) to comply with the law is prob- ably easier than forcing them out," admitted Mr. Ward. However, if the company will not comply, "I think the (Casper) City Council is deadly serious when they say, 'We want to get them out.'" If the city were to condemn Northern Utilities, it could not take over operation of the utility, be- cause state law does not provide a financing vehicle to do so, Mr. Min- ncr said. · July 1, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 553¢o4 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER I had a meeting with a group of Blue Lagoon's neighbors this morning. They submitted the following letters, statements, etc. and wich to visit with the Council at the next meeting. Please read over the letters since they do outline many of the concerns originally stated at theJune llth Council Meeting. JE:fc enc. June 28, 1985 Dear Bob, Jim, Phylis, & Steve, Jim & Bonnie L~nns live next door to Steve Pauley's rental business. He very definately is still using and tieing the 2 Blue Lagoon places together. I have a picture taken June 23 being to~ed in and on Friday June 28 I have another picture of them working on this one. Jim said they started it up and rebbed and ran it for an hour. He work~ nights so he tries to nap during the afternoon. They also worked on boats June 27. They pulled a pontoon out and ~orked on that and put it right back in. They definately did not take it over to Spring Park or Cooks bay. Even if one of Dick Martin's pnmtoons sprung a leak with one pontoon sinking down in the water they hauled it over to Spring Park Bay. They definately are n~t using the prop&zty as described and left to be kept at specifications 'for the City of Mound~ be left as is. The noise of people coming in late at night woke me up last ~ight and one other night., Last Sat JUne~ 15 some guys came in rather loud and unruly and I saw one walking on the roofs t~ of the buildings over there. When he sa~ me looking out my kitchen window he got down. I didn't get a chance to get a picture. I never in the 7 years I lived here saw people walking on roofs. On June 14, and one'other marning that was before you told us to keep track, two fisherman got out of~ their cars talking loudly and I looked to see w~at ~ time it ~as ~d it ~'A~4:30 a.m. Mariin never opened until.~LO0 ~.m. The guy who painted the fen~ last Sunday June 23 slopped paint on 2 of my brochile plants in the garden I mentioned it to the painter immediately and ~f#~ also went over there. Nothing as been done about it. Martin would have care of it immediately.. The guy there didn't take my name or phone number. may ~Detty but I work hard in ~ and want things to grow. Sometimes I wish the people who think Steve Pauly was a nice guy who did business the right way, ones on council who think he is, lived here for awhile would think differe~y and would have definately noticed a difference from now and before. From now on the votes for council members who are real2y concerned about the residents will get Ji~ and Bonnie's votes. I need to use up film and v:ill do so within l0 days. Jim and Bonnie Lanns 4828 Edgewater Drive and men ~o~.. ~ ~,'~ '~ /~B~ &~ ~ ~,~"~5 ~,,m g mc~ ~a:n;~ b ~:. P~.ly. Mc n~3 ~cen ,50 oo~ o. e F n e 6'L io-b. ~euecL u~p boo.> ¢n,q ¢'~c. ~ on ~ be. d~j (~_~ { ~ho~e mom ' fSm ~ sm~// boa / ' ko?t-al ? ).. 't-¼~ &o~[. 105 June 11, 1985 RESOLUTION NO. 85-70 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO STEVE PAULY FOR 5542 LYNWOOD BLVD. WHEREAS, Steve Pauly (applicant) has applied for a Conditional Use Permit for minor boat repair and sales; and WHEREAS, the applicant has already commenced operation of the minor boat repair and sales facility at 5542 Lynwood Blvd., a conditional use in a B-1 zone; and WHEREAS, the applicant has stated that all repairs will be minor and that engine and transmission overhauls will not be done on the premises, and that only simple exchanges will be done with new or overhauled parts obtained from suppliers; and WHEREAS, the applicant has stated that boat storage will be restricted to storage only on his property; and WHEREAS, the applicant has stated that there Will be no boat testing, unloading or loading at the 4850 Edgewater Drive site; and WHEREAS, the applicant has assured the Council that no auto repair will be done on the site;'and WHEREAS, the applicant is applying for a Conditional Use Permit only until August 31, 1985, and the Council has found that said use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area for the next two and one-half months. Nor will such use adversely affect existing adjacent uses through noise, glare or unsightliness for the next two and one-half months. However, the Council also recognized that a downtown development project proposed for adjacent property may change the character of the adjacent uses such that continued operation of the conditional use may adversely affect adjacent uses and may render the conditional use inconsistent with the purposes of the zoning code and the B-1 zoning district in which said use is located. The Council cautioned that should the applicant wish to extend or renew said conditional use permit beyond August 31, 1985, that the question of the appropriateness of the continuation of said use as detailed herein would be addressed anew. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: It is hereby determined that the proposed minor boat repair and sales facility is until August 31, 1985, in harmony with the general purposes and interest, of the Zoning Ordinances of the City. 106 June 11, 1985 The Conditional Use Permit is granted in accordance with the following conditions: a® Applicant store all boats and other materials on his property, and not on public street or adjoining properties. be There shall be no testing, loading or unloading of boats at the Edgewater site. There shall be no auto repair at 5542 Lynwood Blvd. de ee All repairs done on the premises shall be minor repairs. Engine and transmission overhauls and other major repairs shall not be done on the premises. This permit expires on August 31, 1985. Applicant shall apply anew for a permi.t for any conditional use after August 31, 1985, at 5542 Lynwood Blvd. or any other B-1 zoned site within the City. By granting this permit the Council is in no way implying that it will renew the permit or issue a permit for another site. The foregoing resolution was moved by Councilmember Peterson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jess,n, Paulsen, Peterson, Polston and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk Mayor July 3, 1985 ::q", Lt!,'(,'VOOD RO>3 TO: CITY COUNCIL FROM: CITY MANAGER For the past year, the Staff and the Mayor have been involved in trying to work out a solution that would get Ganzel Signs Office on Bartlett Blvd. (near County Road 15) hooked into the City sewer system as required under Chapter 20 of the City Code. It was not discovered until last year that the sewer permit Mr. Ganzel took out in 1965 (when the sewer was installed) was never used. For the last 20 years he has had a septic tank at the rear of his yard. Last year Mr. Ganzel and Mr. Flemel had a disagreement which resulted in a re-survery of their respective properties. The result of that was, that the driveway Mr. Ganzel had been using to get to the rear of his property (including to pump his septic tank) turned out to be on Mr. Flemel's property. Since then we had hoped that the two of them might work out Some sort of an easement arrangement. These discussions looked like they might reach a mutual agreement in a meeting chaired by the Mayor. Unfortunately, following the meeting the two sides'again developed a difference of opinion and now it looks like the issue we are concerned with, i.e. getting Mr. Ganzel hooked into the sewer system is no closer to resolution than it was a year ago. What the Staff would like the Council to do is authorize the City Attorney to prepare the necessary paperwork ordering Mr. Ganzel to hook-up to the sewer and remove his septic tank which is located adjacent to the Seton Channel. The attached ordinance provides Staff with the appropriate tools but I wanted the Council to be aware of this situation and then order the installation. JE:fc CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472~1155 June 6, 1985 TO: Jon FROM: Greg Please check with Curt at next Council meeting about the City's options regarding Ted Ganzel's sewer hook-up. I can not find anything in the Ordinance that would let us go on his property CliA?TER 20 MUNICIPAL SANITARY SE~z~ER SECTION 20.01 General. The entire municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this ordinance. The Village, through its designated representative, shall supervise all sewer connections made to the municipal Sanitary Sewer System and all excavations for the purpose of installing or repairing the same. SECTION ~0.02 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: ~ A. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establish- ments. B. "Sewed' shall mean a pipe or conduit for carrying sewage. C. "Public Sewer" or "Municipal Sewer" shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority. D. "Industrial wastes" shall mean the liquid wastes from industrial proc- esses as distinct from sanitary sewage. E. "Garbage" shall mean solid wastes from the preparation, cooking and dispensin§ of food, and from the handling, storage and sale of produce. F. "Building Sewer" shall mean the e::tension from the building plumbing to the public sewer or other place of disposal. G. "Person" shall mean any individual, firm, company, association, society, corporation, or group. SECTION A. 20.03 ~eMage.Di~posal and Connections with Sewer. It shall be unlawful for any person to place, deposit, or permit to be deposited in an insanitary manner upon public or private property with- in the Village of Mound or in any area under the jurisdiction of said Village, any human or animal excrement, garbage, or other objectionable waste. .. It shall be unlawful for any person to discharge into any natural out- let within the Village of Mound or in any area under the jurisdiction of said Village, any sanitary sewage, industrial wastes, or other pol- luted waters. Except as hereinafter provided it shall be unlawful to construct or maintain any privy, priVY vault, septic tank, cesspool, or other facil- ity intended or used for the~disposal of sewage. The owner of all houses, buildings, or properties used for human occupa- tion, employment, recreation, or other purposes, situate within the village, and abutting any street,' alley, or right of way in which there is now located a public sanitary sewer of the village, is hereby re- quired at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with provisions of this ordinance within 20 days al%er date of official notice to do so. Until such connection, the owners of all C - 2 - 1968 Division 1 Chapter 20 - Page 2 houses, buildings, or properties for human occupation, employment, rec- reation, or other purposes, so situated and abutting, shall comply with all ~,rdinances and regulations applying to a. public septic system and its use. The Village Manager shall be charged with the responsibility of endorcing the cgnnection of all the aforesaid houses, buildings, or properties to the public sewer system no later than June 15, 1969. If any of the aforesaid houses, buildings, or properties are not connected to the public sewer system by June 15, 1969, the Village Manager shall serve notice of the intent of the village to make such connection by mailings written notice to the last known address of the record owner of said property by registered mail, postage prepaid, which notice shall advise said record owner of the provisions of this ordinance, the expi- ration of the grace period, and that the village will install the same, assess the cost thereof against the property after twenty (20) days from the date of mailing of said n~tice unless prior to said time the owner ~ takes out a permit for such connection and such connection is actually commenced. In the event such owner fails to comply with said notice, the Village Manager shall secure connection of the aforesaid toilet fa- cilitieb to the public sewer system and shall have the.cost thereof assessed as a special assessment against said property in accordance with the provisions of Chapter 412.221, Subds. 31 and 32~ and Chapter 429, Minnesota statutes. (Ord. 236 - 6/20/1968) The owner of all houses, buildings, or properties where cess pools or septic tanks have been in existence prior to installation of the public sewer system shall connect with the public sewer when such cess pools or septic tanks are in need of repairs or reconstruction. Ail said houses, buildings, or properties shall be connected to the public sewer system no later than June 15, 1969, in accordance wtth the provisions of Seo. 20.0~., suba, (d). (Ord. 236 - 6/20/1968) C - 2 - 1968 Div .sl ! '~T/V_~N . 20.04' ' ?rtv~te Sewer D~sposal. 8 " A'' ~f~r~ oommeneement of~construct~ion of builJings in ~ are~ ~here sew~~ .' '.'.. ~re not PrOvided, a pe~c in ~ting m~st oe secured f~m ~he Village .. -: Co,oil, The application fer such ~ermit shall be made on a form fur- · .. ' ntshe~ b~ the V~llage which the apPlic~ shall suppl~en~ by ~y pl~s~ :.' s~c~f~c.a~on$ ~d ~her ~nfo~ation as the Pl~b~ng Inspector may rea- .. sonably requ~,. A pe~ ~d'tnspect~en fee of $15,00 shall be paid to the V~ll~ge ~easurer a~ the ~ ~he application Is ftled ~d a bond '~he =oun= of $1,000 be deposited ~th the Y~llage Trea~rer ~e assure h~up ~ ~a ~ubl~c Sewers wh~ ~y become a~lable, B~ 'A pe~= fo~ ~ p~lvate sewage d~sposal syst~ shall no~ bec~e ~ =he' lnst~llat~on Is completed ~o K~ sa~sf~on of ~he ; ." Iff~pec~or, He shall be allewed ~o inspect the ~rk a= ~y sta~ of con- -'- st~c=~on ~, tn ~F even~, ~he applig~= for the pe~t =hall notif~ .the I~specKor ~en the work t/s ready for fKnal tnsp~ct~om, and before ~der~round por~[on~ a~ cevered, ~e Inspection ~hall be made within . ~.. twenty-four (24) hour~ of the recetpt of not,ce by ~he Inspector. · "::"" '~.. ~e ~ype~ ~apac~ie~, location and layou~ of a private sewa=e disposal ... ; j ,,~..syst~ ~hall c~ply'~th all rec~en~ation~ ~f ~ Depar~en~ of Public Health.of 'Kbs S:ate o~ Mi~esota ~d %h~ Mound .Cod~ ef Ordnances, No.' ' .pe~l= shall be ~ssued for ~y ~lvate sewage ~p~sal ~stem employing ' 'subsurface so~I a~.Sorpti,~n fac[liti~g where the area ,f t~ lot Is less th~ ten thous~d (10,000) square fear. N~ septio~,~k or cesspool shall , be petit:e4 ~ discharge ~nto ~F publ~o sewe~' ~r natur&l :' D.. AZ' ~uch .t~e as a publ[~ ~ewer ~eeomes available tm' a property served . e. a'private .sewage dKsposal sys~,.a direc~ c~ec~on shall be made ~o- e'esspools, ~d' ~la= pr~vaKe sewage ~tspesal fa~lt~le~ shall be aban- E. "C~ntents of septic ta~ mus~ ~e p~pe~ eu~ ~4 haule~ away by proper ~ ~cks, Conten~s ef slx ees~ool~, ~istr~ut~n ~ ~r any ~a~, mu~= b~ dra~ne~ by p~ptng, Wrttt~ pe~s~[on mu~ be obtained before p~pln= or d~pt~ ~y contents tnte th~ ~llage ~ewage system, F. Backfilling a~ve the cover level of ~y Cesspool, septic ~ank or similar ~ranted.'by .the Village Inspector, ' 'G, ~e o~er shall operate ~d ~[ntain the private sewage disposal fact1' itie~ Ln a 'sanita~ m~er at all. t~es~--at no e~en~' to the Vtllage~ H.NO st~t~en~ contalne~ here~n shall be eonst~e4 ts ln~erfere with. ~y .'add~ti~nal heal'th 'Te~T~en~s that may ~ ~sed, / '. ¢ - 2 - 1968 .'- .. , -. ~.: , .. : . July 2, 1985 LICENSE RENEWAL - Expired June 30, 1985 On-Sale Beer Mound Lanes NEW LICENSE APPLICATION Cigarette Blue Lagoon Marina Restaurant Blue Lagoon Marina CITY ()f MOUND 5341 MAYWOOD ROAD f,~OUlWD, MIr~tqESOTA 55364 f612', 472-'i 155 July 1, 1985 To: From: Re: Mound Lanes Gayle Burns Licensing Dept. Expiration of On-Sale Beer License and Set-Up Permit Your On-Sale Beer License expired June 30, 1985. The application and payment you presented on June 27, 1985 does not renew your license. Consequently, you'll not be able to sell beer until your application has been approved by the City Council. The next meeting is July 9, 1985, being on that agenda could renew your license provided the required CPA Statement is turned in. Just like last year, only stating your sales from 7-1-84 to 6-30-85, showing that they were under $10,000. Also need- ed is a written statement from you that if sales exceed $10,000 you will cease selling beer until the proper insurance.is given to the City of Mound. Which statement you need to sign. Also, you did not renew your Set-Up license which expired June 30, 1985. Remember, when you renew, you'll have to allow time for council approval before you can begin using your Set-Up Permit. Sincerely cc to Jon Elam Mound Police Dept. LAKE 402 EAST LAKE STREET MINNETONKA WAYZATA, MINNESOTA 55391 BOARD MEMBERS Robert Tipton Brown, Chairman Greenwood Robert F~ Rascop, Vice Chairman Shorewood JoEIlen Hurr. Secretary OronO Jon Ela~. Treasurer Mound Edward G. Bauman Tonka Bay Donald E. Boynton Minnetonka Beach Frank de Monchaux Minnet rista Richard J. Garwood Deephaven Audrey Gisvold Wayzata Ron Kraemer Spring Park Robert K. Pillsbury ainnetonka Robert E. Slocum Woodland Richard J. Soderberg Victoria Carl H. Weisser Excelsior TO: FROM: DATE: SUB3: CONSERVATION DISTRICT TELEPHONE 6121473-7033 FRANK MIXA, EXECUTIVE DIRECTOR MEMBER MUNICIPALITIES L.M.C.D. June 28, 1985 LMCD Code Amendment re Boat Storage The LMCD is considering an amendment to the LMCD Code, intending to provide for the storage of two watercraft at noncommercial docks and moorings on the Lake, rather than four as now permitted. Attached is a survey completed last season showing the number of docks on the Lake-with three, four or more boats. It is hoped that this proposal will help to simplify the exis- ting process, continue to recognize the need for controlling the commercialization of residential areas of the Lake and shoreline, and still provide for a variety of legitimate boat storage needs of lakeshore residents. Watercraft by LMCD definition does not include boats 16 feet and under, or 10 hp or under. Average residential boat storage density on the Lake is currently between one and one-and-a-half boats per lot. The present section of the Code developed from a cooperative effort on the part of the LMCD to recognize municipal zoning regulations. However, with the continuing pressure to store boats on the Lake, a different approach may be indicated. We would appreciate your comments and recommendations in time for an LMCD public hearing at 7:30 p.m. on Wednesday, August 14, 1985 at the Tonka Bay Village Hall. Thank you for your interest and cooperation. Frank Mixa Executive Director jm enc: survey 1983 Lake Minnetonka Aer|al Boat Survey Dock Count Monday 25 July 1983 Compiled by William L. Johnson MAR 7 1985 Table 1 SuMMARy DOCK COUNT MONDAY, 25 JULY 1983 Total Docks 3418 3 Boats/Dock 241 Boats/Dock 72 Table 2 1/3 i BAY BREAKDOWN DOCK COUNT , MONDAY, 25 JULY 1~83 BAY DOCKS 3 BO~T$ 4+I~:)ATS NOTES 2 73 $ 1 3 121 9 - 1)gap lines 10/11 q 120 10 3 1)gap lines 10/11 -5 ~ 7 2 1)gap lines 10/11 6 41 4 - 7 128 6 1 8 107 7 1 9 111 7 4 10 36 5 - 11 ~5 2 2 12 103 6 3 13 23 3 - 14 41 2 - 15 244 11 2 16 171 6 4 17 161 8 2 Table 2 2/3 BAY BREAKDOWN DOCK COUNT MONDAY. 25 JULY 1983 BAY DOCKS 3 BOATS 4+ BOATS NOTES 18 72 6, - 1~} 56 5 - 20 121 :9 1 21 6~9 5 3 22 133 9 7 : 23 55 5 i 2q ql q 1 25 1/-t6 10 q 26 15 2 2 27 8 2 - 28 53 1 1 1)gap line 35/36 2~ 107 7 6 30 55 6 2 31 62 7 2 32 19 - - 33 14 1 -, 34 74 15 4 'l'able 2 3/3 BAY BREAKDOWN DOCK COUNT MONDAY, 25 JULY 11~!13 ,. ~Ay DOCKS 3 B.O~TS 4+ BOATS NOT~=S oO 35 52 4 2 1)gap line 32/33 36 13 2 - 1)incomplete coverage line 30 37 184 14 4 3.8 5 - - 35 4 - - 4O 17 - - 41 '130 17 3 42 87 4 3 TOTAL 3418 241 72 7 © LAKE MINNETONKA CONSERVATION DISTRICT UNIFORM IDENTIFICATION OF T,A~ MINNETONKA AREAE (1) Halsteds Bay (2) Priests Bay (~) c oo~.s ~ay (4) West ~T~er ~.ake (5) South Up~= L~e (6) ~ithto~ B~ (7) ~eZ~s ~ (8) E~t Up~r L~e (9) c~s B~ (10) Old Ch~nel B~ (Il) S~ing P~k B~ (z2) B~ L~e (13) ~er~a L~e (14) Seton n~e (15) H~risons B~ (16) Jennings B~ (~7) w~t ~ (18) Forest L~ke (l~) Coffee Cove (20) West Cryst~ B~ (21) East Czyst~ B~ (22) (23) (24) (25) (26) (27) (28) (29) (32) (33) (~4) (35) (}~) (}~) (~p) (4o) (41) (42) North Arm Stubbs Bay Maxwell Bay Lafayette Bay Smiths Bay Tanager Lake B~owns Bay Wayzata Bay Grays Bay Libbs Lake Robinsons Bay Bay St. Louis C~rsons Bay St. Albans Bay Excelsio~ Bay Gideons Bay Echo Bay Big Island Passage Vete=ans Bay Lowe~ Lake South Lowe= Lake No~th August, 1983 October, 1974 fo- 1988 Brewster Street Apt 208 St. Paul, MN 55108 6 March 1985 Mr. Frank Mixa Executive Director Lake Minnetonka Conservation District 402 E. Lake Street Wayzata, MN 55391 Dear Frank: Enclosed are the following items related to the aerial dock count conducted over Lake Minnetonka by me on Monday, 25 July 1983: Table 1: Summary Dock Count Table 2: Bay Breakdown Dock Count Table 2 contains the total docks counted for each bay, the number of docks with 3 boats, and a column indicating the number of docks with 4 or more boats ( indicated as 4+). Marinas and licensed docks are not included in this count based on the information you supplied to me. Some docks and docks with 3 or more boats may have, been ~iss~d due to the long shadows present during the photography, and some may have been obscured by overhanging trees. The number of occurrences is judged to be small. Please feel free to contact me if you have any questions about the count or need any follow up information. Sincerely, William L. Johnson MAR 71985 LI~..C.D. From WINDWARD COMMUNICATIONS 1235 SCOTT DRIVE Inquiry No. MOUND, MINNESOTA 55364 (612) 472-7319 ~/~ ~ /~o ~ ~ ~ Prices quoted are We are pleased to quote as follows. Your inquiry Quantity Description Price Amount CARLOS ~ PEDRAJA 8a~llito 1235 Scott Drive Mound, MN 55364 (612) 472-7319 vide. o alph aud,o 2110 West 98th Street [] Minneapolis, Minnesota 55431 [] (612) 881-2055 Submitted To: CITY OF HOUND CITY HALL Date: 5-8-85 Delivery: 2 weeks Terms: 2% 10 Net 30 F.O.B. 0u r Dock ATTN: Carlos Pedraja 472-7319 QUAN. MODEL DESCRIPTION UNIT PRICE TOTAL 5O0 CROWN PZM-6LPB PH-4 TOA A-903 H-O2F FRAZIER F-837 IE 2340 PZM Microphone Phantom power supply 30 watts TOA amp. Female Connector Preamp for microphones Surround Speaker Microphone wire (use also for speaker) 320.00 159.00 230.00 36.00 145.00 .16 per foot 960.00 159.00 230.00 216.00 145.00 80.00 1,790.00 This proPosal as presented by Alpha Video is firm until 6-8-85 D TE Proposal I I Y~d~(~~'~~g~vld Thnrm~ Total $ Submitted B WE HEREBY ACCEPT this proposal and agree to purchase the item~ontinuation pages attached hereto in accordance with the terms and provisions set forth on both sides hereof. Company: P.O. No. SHIP TO: Authorized Agent: X Title: Date:/g ~g 53~'I t'3A'¢ ,', O © D (612) 472--1155 Date: June 14, 1985 To: Jon or Fran From: Sharon Legg Re: Health insurance for permanent part-time employees Hennepin County sent letters to the Municipalities covered under their group health and life insurance plans. The letter contradicts Section 14.2 of our Administrative Code. I think we should revise the Code to avoid any future complications. Section 14.2 of our Code says that permanent part-time employees shall be eligible for hospitalization/major medical insurance benefits under the group policy at his/her own cost which will be deducted from the employee's pay. Per Hennepin County's agreement with the insurance providers, the em-! ployer has to contribute toward the coverage. (See the attached letter from Hennepin County for a full explanation.) If the City does not want to contribute toward the coverage for permanent part-time employees, that section of the code shoUld be deleted. At this time, we have :no permanent part-time employees who are getting health insurance under the group plan. / 77 MICHAEL J. ADAMS GREGORY D. GUSTAFSON JAMES D. ATKINSON III DANIEL R. TYSON GARY D. PIHLSTROM WILLIAM M. HABICHT JAMES C. LAMPHERE GUSTAFSON & ADAMS, P.A. ATTORNEYS AT LAW SUITE 411 7400 METRO BOULEVARD EDINA, MINNESOTA 55435 TELEPHONE (612) 835-7277 June 20, 1985 OF COUNSEL HARRY GUSTAFSON Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Balboa Minnesota Co./City of Mound Parking Lease Dear Jon: In reference to your letter of June 17, 1985, I have enclosed herewith a revised copy of the proposed second draft Agreement between Balboa Minnesota: The City of Mound, to store motor vehicles in the Balboa building. I believe that your concern with paragraph 9 should now be alleviated. I have eliminated at my client's request the final two sentences of that paragraph. To the extent you have found the provisions offensive, please accept the undersigned's apology. It is not the first time I have been accused of "overlawyering" Please contact me with regard to your comments. Sincerely, & ADAMS, P.A. Tyson DRT:mej Enclosure CC: C. Michelle Marlo David Hultquist 7oo LICENSE TO STORE MOTOR VEHICLES AND INDEMNIFICATION AGREEMENT THIS AGREEMENT is made and entered into this day of April, 1985, by and between BALBOA MINNESOTA CO., a Minnesota corporation ("Balboa") with offi- ces located at 5311 Topanga Canyon Boulevard, Suite 300, Woodland Hills, California 91364 and THE CITY OF MOUND, a Minnesota municipal corporation, with offices located at 5341 Maywood Road, Mound, Minnesota 55364 ("City"). WHEREAS, the City has requested of Balboa the right and license to store on certain premises located in the City of Mound certain vehicles, equipment and materials on the premises located at 5340 Shoreline Boulevard, Mound, Minnesota, legally described as follows: See Exhibit A attached hereto and made a part hereof by reference (herein "Premises"); and WHEREAS, Balboa is desirous of yranting the City a license to store motor vehicles, equipment and machinery under the terms and conditions provided herein. NOW, THEREFORE, in consideration of the mutual covenants and promises con- tained herein and of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Balboa does hereby grant to City the license to occupy and use the Premises subject to the terms and conditions hereof. 2. The Premises may be occupied and used by City solely for the purposes of storage of City owned vehicles, equipment and certain materials which have been approved in writing as storage items by Balboa ("Approved Materials") and for incidential purposes related thereto during the period commencing March 1, 1985 and continuing until this Agreement is terminated as hereinafter provided. 3. In consideration for this License, the City shall not be required to pay any monetary consideration, however, in consideration of the premises and covenants contained herein will and hereby does agree to indemnify and hold Balboa harmless as provided below. 4. Either party may terminate this Agreement by giving written notice to the other specifying the date of termination, which notice shall be given not less than thirty (3U) days prior to the date therein specified for termination. Should the Premises or any part thereof, be totally destroyed by fire or other casualty, this Agreement, at the option of either party, shall immediately ter- minate. In the case of partial destruction, this Agreement may be terminated by either party by giving written notice to the other specifying the date of ter- mination, such notice to be given within fifteen (15) days after such partial destruction and not l~ss than thirty (30) days prior to the termination date therein specified. Notwithstanding the termination of this agreement by either party in connection with this License, the City's covenants and obligations with respect to the agreement to indemnify and hold Balboa harmless hereunder shall survive such termination. 5. This Agreement and the rights created hereunder are personal to the City of Mound and such license shall not be assigned in whole or in part by the City to any person or entity without the prior written consent of Balboa. 6. The'City agrees to indemnify Balboa against and hold Balboa harmless from any and all liability or loss or damage for any injury to persons or pro- perty which Balboa may suffer as a result of the following: -2- a) Any claims, demands, costs or judgments against Balboa arising out of any actions, omissions or negligence of City, its agents, permitted assigns, and to the extent not prohibited by law, Balboa, or any persons involving the storage, location and removal of vehicles, equipment or materials of the City on the Premises; b) Any claims, demands, costs or judgments against Balboa arising as a result of any action, omission or negligence of the City, its agents, permitted assigns, and to the extent not prohibited by law, Balboa, or any persons with respect to any use of the Premises pursuant to this License Agreement or other- wi se. 7. The City does hereby agree that Balboa, its agents, license, es or assigns shall not be liable and the City does hereby release Balboa and waive all claims to damage to person or property sustained on the Premises, directly or indirectly, from any and all acts, omissions or negligence of Balboa, its agents, successors, licensees or assigns or any person, in connection with the ownership, use, operation or maintenance of the Premises or from any existing or future condition, defect, matter or thing in the Premises. This provision, however, shall not release Balboa from any obligations or liabilities with respect to any ordinance requirements of the City imposed in connection with the ownership or use of the Premises. 8. The City agrees to provide all necessary security personnel and take all- necessary measures for the protection of their property located on the Premises. The parties understand that Balboa is not required to provide any security per- sonnel or a secured facility in connection with this Agreement or otherwise. The City shall not store any flammable, hazardous substances, hazardous wastes, pollutants or contaminants on the Property. The City shall submit a list of the -3- I?o vehicles, equipment and Approved Materials to Balboa upon execution of this Agreement and agrees to supplement such list as changes are made to such list from time to time. 9. The City agrees to defend Balboa at the City's sole cost and expense, against any claims brought or actions filed against Balboa relating to the foregoing indemnity. 10. All notices provided hereunder shall be deemed made if mailed to either Party at the address stated on Page One and mailed first class postage prepaid or delivered personally to City or Balboa or their designated agent. 11. This Agreement shall be construed under the laws of the State of Minnesota. This Agreement shall be amended only in writing. 12. The City agrees to notify Balboa in writing within fifteen (15) days of notice to them of any claim made against City with respect to the obligations or occurrences indemnified against it under this Agreement. 13. This A§reement shall be binding and benefit the parties, their suc- cessors or assigns. IN WITNESS WHEREOF, the parties have executed the foregoing Agreement as of the date and year first above written. BALBOA MINNESOTA CO. CITY OF MOUND By: By: Its: Its: -4- AGR16A/BALBOA1.1 Its: July 3, 1985 TO: CITY COUNCIL FROM: CITY MANAGER RE: DOWNTOWN PARKING ZONES For the past couple of years, the City has received calls regarding cars which park for long periods of time in what should be local shopper spots. As a way to encourage people to shop in the Downtown, the Downtown Parking Advisory Committee has developed and approved the attached Parking Zone Plan. It divides the City parking lots into four separate zones. color coded as follows: Yellow - Blue - Red - Green - 15 minute parking 2 hour parking 12 hour parking 24 hour parking These are These areas will be marked with signs of the appropriate color at each end of an area. Each sign will have an arrow and the time limit printed on it. The Council is authorized to designate parking zones and restrict the length of time parking shall be permitted in the Central Business District. In establishing or changing parking zones or parking restrictions, the Council shall pass a resolution at adequately describing and defining said parking zones or parking restrictions. Attached are copies of what areas are currently in the City Code. As you will note much of it is out of date and difficult to enforce. JE:fc Division 4 Chapter 46 - Page 3 SECTION 46.27 Overt:1.me Parking in Business District. No oerson shall park or leave standing any vehicle, other than a truck, bus or commercial vebic!e, wb. etber attended or unattended for a Deriod of more than two hours between the hours of 6 o'clock A.M. and 6 o'clock P.M. exceot Sundays and holidays on the oortions of the following described streets and parking areas: (a) Commerce Boulevard between Tonkawddd Read end the Grace Baptist Church (b) Shoreline Boulevard between CommerCe Boulevard and Belmont Drive (c) Lynwood Boulevard 100 feet-.East of Commerce BoUlevard and 300 feet west of Commerce Boulevard ~ (d) The publicly leased area north of Shoreline Boulevard west of Belmont Lane, south of the railroad tracks and east of Co~....Lerce Boulevard (e)~ The oublicly leased parking lots weSt of Commerce Boulevard, south of the railroad tracks and north' of Lot 7~, Auditor ' s Subdivision #167. (Ord. 268 - 9/3/1970 and Ord. 281 - 5/i3/1971) SECTION 46.28 Overtime Parking. No person shall park or leave standing any vehicle, whether attended or unattended, upon any public street, road, alley, lane, public land or public parking lot owned or leased by the Village for a period of time longer than twenty-four consecutive hours. (Ord. 281-5/13/1971 ) SECTION (a) (b) 10. !1. 12o. 13. 14. 15. 46.29 Designation of No Parkin~ Zones and Limited Parking Zones. The Council may from time to time by ordinance adopted by a maiority vote designate certain streets, or oortions thereof, as "No Parki.~g'' zones, or as "Limited Parking" zones, and direct the Street Commissioner or the Chief of Police to accordingly nlace orooer signs thereon and/or approoriately paint the curbs thereby to indicate their character. The following designated streets and locations sba~_l nrobibit oarking at any time:. 1. Both sides of Edgewater Drive from Fairview Lane to Northern Road. 2. East side of Basswood Lane from Church Read to Tonkawood Road. 3~' Both sides of Belmont Lane from Shoreline Boulevard to Tonkawood Road. 4. East side of Waterside Lane for 1OO' north of Tonkawood Road. 5. Nor%h side of County Road#15 200' east of County Road #110. 6.~ Directly in front of post office for puroose of mail drop. 7. North side of County Road#15 by Tonka Inc. from Fairview Lane to Cypress Lane. 8. Both sides of County Road #15 (Lynwood Boulevard) on the S-curve west of the senior high school. East side of Beltaire Lane from Elm Road to Alder Road. South side of Three Points Boulevard from Finch Lane to Heron Lane. West side of Gull Lane south of Three Points Boulevard for 150'. West side of Wilshire Boulevard (County Road ~125) north of Wych- wood Bridge to Emerald Drive. North side of Wilshire Boulevard (County Road #125) south of the Wych~ood Bridge for 600'. West side of Wilshire Boulevard (County Road %~25) south of Black Lake Channel for 1,450 feet. East side of Wilsbire Boulevard (County Road #125) south of Black Lake Channel for 200 feet;'parking permitted for 300 feet, and then no parking to Tuxedo. C - 1 - 1971 16. ~o~j~ sides of Tuxgdo Boulevard from~filshirc #iZS to St. lviazys Road. (Or.d. 35Z -7:/Z7/76 Both ~ides ~£ Fipe= ~o~d ~' front o£ Chests= P'~=k Bea¢~ £or ZOO' Both sides of Piper Road f. rom Tuxedo Blvd. to Charles Lane. (Ord., 455-12-13-83 19-' Both sides of Charles Lane . . 20. Bot~ sides of Franklin Lane. . 21. REPEALED (Ord. //45.5 12-13-83) 22. Sout~ side of ~slie Road from B~ighton Boulevard to iMancbesLer Roa~ 23. So,th sid~ of Clyde Road from T~xedo' Boulevard t0 Is!end View Drive .2h. Both sides of Island View Dr~ve from Clyde Road to Dexter Lane'" . .. . · ' "'"'"'- ~' ':.:" ~" ".'--r--~::'-", .'; ':' .. ' '... "IL.'. .... Bot'h sides of Island View' Dr|¥.e from Radnor Road to Manchester Road (Ord. 41t5- .1/25/83) -- ' ' '... ( -y .,~') . -( .~.- /~/~)..''.-'.'~."."i .26. ' Both sides .of' Heai:l.o.w lane - ~epealed. Ord.' ~gh - '//22/1771 ,'.:.. ' '7.' "..~..'.' '27° '. North si. do o£ Glen'~ood. Road - l~pealecl Ord.. ~:2go' . Both S:l.d.~ or Pl'olt'Lane' - P~ea3.~d. Ord. 29~' Both .sides of Fairfield Road from Highland ~oulevard to .Msadow Laha ''". ! 30.' North 'side 6f Bartlett Boulevard .(County Road #!!O) from the museu~ .:' to Commerce Boulevard.' - , .... -'' ~. ~.fro=~ o~ ~o~n~.~a~ o= S~ore~i~e Bo~e~a=~ (Count'y ~';a'~ ~)' ' ' .. ~ 3~- W-est side of Ha'~ion Lane from Shoreline. Bo.u!e.va. rd '(County 'Road mlt) . .. to Auditor's'Road.," ..'.." " -' .- · .' ;:::." '" '" .-- 3~- Commerce Bo.u~e.~ar~ £rom ~ynwood,Bo~evard. south.fa the Sear~ ~ar~i~. ~. Lot · · ' · '." '" :.' ':':".'~ ': :'"' ' ' ' :' 3~- ' Ma~ion Lane a~d Audi~brS Ro~d from' Belmont' Lan~ t~ Ha~'o~ L~ne ' :' ''~¥' and no pa~king on tbs south side'o£ Auditors Road £~bm M~rio~ La~e to'; · · . .. . .. ''-:.... · :~; Commerce ~oulevar&, ': . .' .' ' · ..- · " 36, O~ tbs south side.of ~nz-~'Lane between T~do ~°ulevar~'.and ~oad. (O~.o t7~ - ~/~/l~0) .... -' -. . ".' .'.' 37- "Bo~4 -~em' of Nor~bern ~ane £ro.m .Edge~tb~ D~ive to.tb~ Se~o~ Chan~el (Or~, z~4 - 7/22/19Yl) '. (etd, .3~2 ~ $-J8.~72) · '" --. "'. . , (o~- ~.- ~/7/7~).: -"- ""- "-' ..~ .."- 3~- South side o£ tbs alley .ex~nd~ng eastwar~ £r'om ~he ~nt~.~¢tion of Lym, ood a~ Cottonwood Lane along'tbs south side. of tbs £oot~aL! fief& £~om tbs e~st side of Lot 18 to tbs ~es~ ~ide o£ Lot ~O in Ly~wood Park. (Or'~. ~!O ' ~/~/7~) '" "· " "' '' ~o.' ~ side of ~-~e~$i~e-'~an~" f~om ro~oo~ ~o~-~o (0~. 324 - 12/5~97H) ' .. H3. ~otH s~s o~ x~.~n ~'~ ~rom ~.von ~. to.~o~V~ ~=. (0~. 3~7- ~/~A~7~) · '45. No parking on both sides of l'lilshire Boulevard from Shoreline Boulevard ICounty Road ~1~)' to a point ~0 fee~ south of. Shoreline Boulevard. Ordinance 337 - 7/10/75) ' No parkihg on both sides ~f Drury Lane from Gordon Road to Tuxedo Boulev~ SECTION 46.29 read as foJlows: Section 57, No parking on the WEST SIDE of the following st'reeLs: U. ¥. W. X. Y. (b) is amende~l to add the following Sections .57 to 6'0 which shall Heron 'Lane from P~radise Lane to Sparrow Roa~ Gull Lane from Enchanted Road to Wren Road Finch Lane from Three Points Boulevard to Harrison Bay. Bluebird Lane from Harrison Bay to Jennlngs Bay Avocet Lane from Harrison Bay to Jennings Bay. Canary Lane from Harrison Bay to Jennings Bay. Dove Lane from Harrison B~y to Jennings Bay. Eagle Lane from Three Points Boulevard to Harrison Bay.' Langdon Lane from Lynwood'Boulevard south to dead end. Waterside Lane from Tonkawood Road to Breezy Road. Fern Lane from Church Road to Tonkawood'Road Cedar Lane from Churth Road to Noble Lane. Noble Lane from Tonkawood Road to Lynwood Blvd. Overland Lane from Noble Lane to Harrison Bay. -. Centerview Lane from Lynwood Blvd. to Waterside Commons. Ashland Lane from Lynwood Blvd. to Harrison Bay. Cardinal Lane from Lynwood Blvd. to Harrison Bay. Villa Lane from Noble Lane to Harrison Bay. Wexford Lane from Longfor8 Road to Carrick Road. Kerry Lane from Carlow Road to Kildare Lane. Black Lake Lane from Kildare Lane to Black Lake. Shannon Lane from Cavan. Road to Galway' Road Clare Lane from Wilshire Blvd. north to dead end. Clare Lane from Galway Road to Kildare Lane. Tyrone Lane from Wilshire Blvd. to Kildare Lane.with the exception of Tyrone Padk parking area. z. Cardiff Lane from Wilshire Blvd. to Denbigh Road. · aa.' Cardigan Lane from Denbigh Road south to dead end. (0rd. 451 - 7-26-$.. bb. Essex Lane from County Road 125 south to dead end. cc. Rosewood Lane from Evergreen Road to Beachwood Road. dd. Garden Lane from Bartlett Boulevard to Beachwood Road. ee. Grove Lane from Beachwood Road to cul=de-sac. Section 58. a. b. g. h. i. k. 1. m. n. o. p. q. No parking on the north side of the following streets: Crestview Road from Gull Lane to Three Points Boulevard. Jennings Road from Gull Lane to Heron Lane. 'Woodland Road from Bluebird Lane to Heron Lane. Breezy Road from Harrison Lahe to Waterside Lane. Repealed (Ord. 432 6-1~-82) Spruce Road from Tonkawood Road to Waterside Lane. Tonkawo6d Road from Commerce Boulevard to Waterside Lane. Church Road from Commerce .Boulevard to Lynwood Boulevard. Longford Road from Wexford Lane wes~ to dead end. Galway Road from Tyrone Laoe to Shannon Lane. Kildare Road from Tyrone Lane east to dead end. Carlow Road from Clare Lane east to dead end. Carrick Road from Tyrone Lane to Wexford Lane. Cavan Road from Clare Lane east to dead end. Bedford Road from Wilshire Boulevard west to dead end. Suffolk Road from Essex Lane east and west to dead end. Evergreen Road from Westedge Boulevard to Garden Lane Chapter 46 - Page 3d r. Bea.cbwood Road from 9cstedge. Boulcvard ~st to cul-de-sac.' s. B=achwood Roa'd from Bartlett ~oul=vard ~=st to cul-d=-s~c. ' t. Lakewood Lane fro~'Wilshire Blvd. to Bartlett Blvd. (Ord. ~37- 7~2G-B~) u. Sinclair Road ~rom We~tedge. B]v~.. east to the end.of the Pavement. (Ord. '449. · . 6-13-83) Section 59. ~O parking on BOTH SIDE~ of Dcnbigh Road fr~m Cardiff L~ne w~st to d~d en~ .... '. · .. S&ction GO; No parking on BOTH SIDES of Centervlew Lane from Uatersi~e . northeast to Harrison's Beach parking lot. ~ ... . .(Ord. 79-40Z 8~2Z-79)' · . ' Section ~1. No park'ing anytime from gilshir~ Blvd.,to:CHateau t~'n~ on.the s~th · ; ... side 6f. Cou6ty. Road 15- (Ord. 81-424- 10-27-81) Section 62. No parking on the East side (or lakeside) of Island View Drive between Clyde Road and Dorchester Road. (ORD. ~464 - June 26, 1984) (C) The following d~s~gnated streets and ]ocatlo~ shall 'prohibit. and lim1 parking ~ 'accordance With the te~ of this ~ect~on: . ~ . on %he no,th side %f Courtly Ro~l~!~., from ~lmont. ~ne. %o ..__' _?e6e~l'.--:,_ .-.-~ ~ ...... .~:._..-._..~.:_: ......, ............... Z. Two hou~ parkiag'zo'ne from'gO.rear, west'.of Co~erce'. Bfvdg'to .-.'.' 350 fe~t ~est of Corette Blvd.'~n the north s~de of kynwood,' ....:. (O d. ....:...... " q. 'Public parking in s{riped areas of Mound Bay Park parking lot ~cmpt for no trail~r,~arking Saturdays, Sundays, and Holid~ysl and in 8esignated no parking. (Ord. 268 - S-3-70) (Ord. 424 - 5- ' No ~r~g from 1:O0 A.I'I. ~o g:oo A.M, on Commerce Boul~d from .'~'. 6. 1~o ~rk~g fr9m. 2:00 ~.M, %o 6:O0.A.M. on Co~ty Roa~s 'within · %o the ~ii~etris~ Bo~ on the West. . · -' (b) Co~ Roaa ~10 from %h~ l~e%~'sta Bo~~ on %h~ ~ozfh %o the 14~etris~ Bo~-~ on ~he South. . Bride) ~o Co~y R6ad ~110 at %he co~r of ~rtlett' . ~oulevard an~ Co~ne~ce Bou!e~ra. . -' · ~.' ~o-ho~ ~king from ~:00 A.M. to g:~ P.M. except S~y and holidays on both sides of l~ilsh~e Boulevard f~om ~ point 50 fe~t south of Shoreline B~u!evar6 (Co~ty Road ~5) to Fab-~ood _ .. / CHURCH ROAD /i ~[a -. ~ ~ / I ~"'~ 1~ ~11 [~"~~' :~'~ :ff~ 1~] I ~-~ ~ ~~:.~ ....... :,- ,,~ ~ : ~ :~ ~,~ ........... . ...................... [ I& ~t~ ~ ~~-w~T~- ~ I ' ~ ~""'"'"'"""-'""[ ~ ' ........................ /~k[ ~l~ July 1, 1985 53,:i MAYWOCD R(.:-'. !,,IC, Uf'~D. MINNESC)-f ,~, 55364 ~612) TO: FROM: RE: CITY COUNCIL CITY MANAGER BEACHWOOD/ROSEDALE WATER STORAGE POND Last week the City Council discussed the problem the neighbors are having with the water level in the pond just off Beachwood Road. We will drop by that site for a short visit on our City-wide bus tour later in July, but in the meantime, I wanted to share some of my thoughts (ideas) on this situation and the cost of the solution. First, I believe the problem is a real one. The drainage area that flows into the pond was expanded as a part of the 1978 Street Project. In addition, whenever you hard surface roads and install storm sewers you reduce the amount of water that is absorbed by the ground and increase the velocity and quantity of water that moves off the sub-watershed. In this case, into the Beachwood Pond. Finally, I believe the Engineer's survey crews (or someone) made a mistake in 1978 when they took the pond's elevation of 968.1 and made it the new low pond level because the Engineer found a survey that was done of the pond in the Summer of 1977 and the elevation recognized was 966.7. This 18 inch difference is what the conflict seems to be about. Unfortunately, no one noticed the problem that was about to develop, since the overflow pipe was the last thing constructed and even that has been suggested as only having come about because of pressure from the residents in 1978. The question now, is what should be done. I think the pipe does need to be lowered, otherwise this is a problem that will be with us for years and will only get worse as damage caused by the higher pond levels causes problems to the surrounding homes and yards. I think just by the fact that we have channeled more water into the pond without developing a satis- factory alternative for the pond outlet would seem to increase our liability. The Engineers have estimated it would cost about $19,O00 to solve this problem. At least a part of this would have been paid out originally since a lower pipe would have been installed. Thus, I would like to suggest this cost be shared 50-50 with the engineering firm. That may be difficult to Page 2 City Council July 1, 1985 arrange, so it that fails, it could be paid out of the 1978 Street Improve- ment Fund balance, where the original costs were paid from. Those bonds have 10 years remaining until they are paid off (1-1-95). In that original issue, the bonds came with an annual tax levy requirement, and that 11.35% of the annual payments would come from a City-wide tax levy. Because of high investment returns over the past 6 years, we levied $18,289 in 1985 instead of about $38,000 originally anticipated. Thus, saving nearly $20,000. By paying this cost out of the Bond fund, it could result in increasing this levy by about $2,200 per year, assuming we will receive an interest rate return equal to what we have gotten in the past. That seems to be a very small price to solve this problem. After viewing this at the end of July, if you want to move ahead this year, we will need to move quickly in August to get it done before the end of September. I have attached John Cameron's memo for you to re-read as a part of this report. JE.fc enc. Oune 18, 1985 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS % LAND SURVEYORS ~7 PLANNERS Honorable Mayor and Members of the City Council City of Mound 5341Maywood Road Mound, MN 553~4 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 RE: Beachwood/Rosewood Storage Rond File #7544 Dear Mayor & Council Members: As requested, we have done a study of the problems associated with the Beachwood/Rosewood storage pond and the overflow pipe to Lake Langdon. The following are our findings. History The existing storm sewer system in Beachwood Road and Rosewood Lane, which discharges into the pond in question, was constructed as part of the 1978 Street Improvements. There are also two catch basins located in Evergreen Road which discharge into this same pond. From what we can determine, there was no manmade overflow for this pond prior to 1978. Rrior to the street construction drainage from this area was carried in shallow ditches and culverts to the pond. The construction of curb and gutter, bituminous surface and a storm sewer system added very little, if any additional run off to the pond. Because of the impervious road surface and the concrete curb and gutter the flows now reach the pond at a faster rate the previous. This area was the first portion of the 1978 street improvement project to be constructed. Upon completion of the street in this area, a significant difference was noted in the high water elevation of the pond after heavier rains. To eliminate this problem a 12" overflow storm sewer was installed from the existing catch basin in Beachwood through an easement on the Oohn's property to Lake Langdon. Present Conditions The elevation of the pond should stay at a fairly constant level with this overflow in working condition. There will be some rise in the water level immediately following heavy rains and fast snow melt in the spring because of the 12" size of the overflow, but the level should recede fairly fast. This spring when there was a problem with a higher than previous water level the system had not been cleaned and debris was restricting the flows through the catch basins to the overflow pipe. Upon removal of the debris the water receded to the elevation of the overflow pipe. Beachwood/Rosewood 3une 18, 1985 Page Two A pond elevation of 966.7 was shot on Ouly 18, 1977 when field work was done for preparation of the plans for the 1978 street improvements. The elevation of the pond was recorded at 968.1 on May 16, 1978 when the survey crew was at the site staking for the storm sewer construction. The elevation of the catch basin where the overflow starts is at 968.8, which means the present pond elevation is maintained at a level approximately 2 feet above what was shot in Ouly of 1977 and approximately 9 inches above the elevation recorded in May of 1978. Elevations were also taken of the patios at the rear of the homes located on Lot 6 and 7. The elevation of the patio on Lot 6, the Flugum property, 6101 8eachwood Road is 970.5 and the elevation of the patio on Lot 7, the Krest property, 2709 Rosewood Lane is 970.8. We have calculated the affects a major storm would have on the water level of the pond. A 100 years storm would raise the level 2 feet with the present overflow in place. A 100 year storm is one that has the chance of occuring once in 100 years and amounts to approximately 6" of rain in a 24 hour period. We did not take an elevation of the basement at 6101Beachwood, but I assume a 2 foot rise in the pond level would cause flooding of the basement. The other home at 2709 Rosewood would probably be safe with the patio at 2 feet above the maximum pond elevation. These assumptions of flooding conditions are based on a 100 year storm occuring with the pond at its maximum elevation of 968.8. If the storm were to occur after a dry spell where the level of the pond is below the overflow elevation, then the maximum elevation reached would be somewhat less than the 970.8 previously mentioned. The high water level experienced this spring was due to a number of circumstances. The water tower located on Evergreen Lane had been emptied into the pond the afternoon prior to a heavy rain. The last upstream catch basin where the overflow pipe leaves from was plugged with debris. This prevented the overflow from functioning properly. As soon as the catch basin was cleared the pond level receded. Conclusions and Recommendations The only sure method of maintaining a lower level in the pond and to assure no flooding even in a 100 year storm would be to lower the overflow pipe. This would involve relaying the pipe from the pond to a point on the Oohn property where the gradebreaks and slopes steeply to Lake Langdon. We would estimate this to cost approximately $19,000.00. In new subdivisions normally the minimum basement elevations are set 2 feet above the high water elevation in small ponds, which are determined from a l0 year storm. Some of these ponds do not have any overflow pipes. Beachwood/Rosewood Oune 18, 1985 Page Three We would recommend that the City not spend the $19,000 necessary to maintain a lower pond level. Our reasons for this conclusion are (1) the present maintained level is only 9" above the water level recorded in May, 1978 before any street improvement work was started, (2) From the information we have, this system has been in place for almost 7 years with no previous problems and (3) s tighter maintenance program on the storm sewer system running to the pond and the overflow pipe to Lake Langdon should eliminate a reoccurance of this springs problem. I will be present at the council meeting on the evening of Sune 25th to answer any questions you may have. Very truly yours, McCO~S-KNUTSON ASSOCIATES, INC. meron OC:cah CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING ON AMENDMENT OF SECTION 23.640.3 UNDER THE LIGHT INDUSTRIAL PROVISIONS OF THE MOUND ZONING CODE TO ESTABLISH PLANNED INDUSTRIAL AREA BY CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that on Tuesday, July 23, 1985, at 7:30 P.M. at the Mound City Hall, 5341Maywood Road, Mound, Minnesota, a hearing will be held on the Amendment of Section 23.640.3 of the Mound Zoning Code. Section 23.640.3 will be amended to add "Planned Industrial Area" as conditional use. Planned Industrial Area will permit multiple usage and subdivision of the industrial properties subject to the provisions of the ordinance. This ordinance is intended to permit the division and full utilization Of the vacant Tonka Toy Plant by one or more business entities. All persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, City Clerk' ' - I ?IE CITY OF MOUND Hound, Hinnesota NOTICE OF PUBLIC HEARING ON APPLICATION FOR A CONDITIONAL USE PERMIT TO ESTABLISH A PLANNED INDUSTRIAL AREA AT 5300/5340 SHORELINE BOULEVARD, PID 13-117-24 34 0066 NOTICE IS HEREBY GIVEN that on Tuesday, July 23, 1985, at 7:30 P.M. at the Mound City Hall, 5341Maywood Road, Mound, Minnesota, a hearing will be held to consider the application for a Conditional UsE Permit to establish a Planned Industrial Area at 5300/5340 Shoreline Boulevard, former site of Tonka Toys, and legally described as follows: Blocks 5 and 6 Sylvan Heights Addition to Mound and Lots lO to 15 including L.P. Creviers Subdivision of Lot 36 Lafayette Park and also the. east 25 feet of Lot 36 and Subdivision Number 170 and that part of east 25 feet of southwest 1/4 of southwest 1/4 lying north of said Lot 36 and south of a line parallel with and 50 feet southerly from center line of Burlington Northern Railroad Right-of-way including adjacent vacated street except street. PID # 13-117-24 34 0066 All persons appearing at said hearing will be given an oppor- tunity to be heard. Francene C. Clark, City Clerk 17/? BILLS JULY 9, 1985 Computer run dated 6/29/85 .... Batch 854064 Computer run dated 7/3/85 .... Batch 854065 135,488.37 29,452.09 TOTAL BILLS 164,940.46 W (/3 U _J I~J >- LL ~ bJ w ._J C, 0 bJ "'Jr- /?/T U U Z 'T ir., I U ~Z U W ! I I ! I' I I I X C, X U o~-JO000 O000C, C UC;UUU(J 000000 U W o ,-,. hJ X o' ~J~ IIII IIII ZZZZ ~Z~ 0 ~0 X m x -o Z Z f- f- H n f- coco zz *-.~ -.t -.4 ! 0 I 0 LA. U Z~Z ZO PI r~ 0 r- n r.rl bi 0 hJ 0 Z l~J ZZ~_ UUU ~-J U. i, I III IIII I III IIII I III IIII u {..'.'3 bJ n-' U 'I- U U.. -=~ bJ Ll,. i..,-i ~ 0 r-,i bJ (~ ~-JO0 C3 bJ U b~ U 17~2 /2~2~ CITY OF MOUND Mound~ Minnesota NOTICE OF HEARING ON PROPOSED VACATION OF UNIMPROVED PORTION OF NORTHERN ROAD ABUTTING LOTS 24, 25 AND 26, PLAT OF SUBDIVISION OF LOTS I AND 32 SKARP AND LINDQUIST'S RAVENSWOOD (4800/4804/4810/ 4820 NORTHERN ROAD) NOTICE IS HEREBY GIVEN, that a meeting will be heard at the City Hall, 5341 Maywood Road, Mound, Minnesota, at 7:30 P.M. on Monday, the ~th day of ~b~:~, 1985, to consider the following: Vacation of a portion of Right-of Way for Beverly Avenue (now knowh as Northern Lane) as dedicated to the public by the recorded plat of SUBDIVISION OF LOTS 1 AND 32 SKARP AND LINDQUIST'S RAVENSWOOD. That portion of Beverly Avenue (now known as Northern Lane) as dedicated to the public by the recorded plat of the SUBDIVISION OF LOTS i AND 32 SY~ARP AN3 LINDQUIST'S RAVENWOOD, Hen.nepin County, Minnesota described as follows: Beginning at the Southwest corner of Lot 27, said SUBDIVISION OF LOTS I AND 32 SEARP AND LINDQUIST'S RAVENWOOD; thence northerly along the west line of said Lot 27 a distance of 20.00 feet to the southeast corner of Lot 26; thence westerly along.the south line of Lots 26, 25 and 24 to the southwest corner oF said Lot 24; thence southeasterly to a point 15 feet southerly of and 37 feet easterly of said southwest corner of Lot 24; thence southeasterly to e point 20 feet southerly of and 100 feet easterly of said southwest'corner of Lot 24; thence easterly to the point of beginning. Such persons as desire to be heard with reference to the above will be heard at this meeting. The Planning Commission QUOTATION, OFFER AND ACCEPTANCE BRYAN ROCK PRODUCTS, INC. Box 215 · Shakopee, Minnesota 55379 (612) 445-3900 · (612) 448-3600 NO. Ref. No. 5536 DATE '7/8/$5 TO CITY OF MOUND AT MOUND Purpose to furnish the following materials at the prices herein indicated. In the event Bryan Rock Products, Inc. is subsequently awarded a contract for this project CITY 07 NoUND will execute a contract with the aforesaid party that will incorporate this quotation. Location Project CO ~1,9 KOUND STOCKPILE Delivery Price Per Ton Discount Price Per Ton Type of Material Size Est. Tons Tax Included Tax Included BASE ROCK 5/,!~- Z+O0 !!6.35 ~6.1 0 Special Instructions: These prices are good until Ely .... SECRETARY Title ACCEPTANCE: We hereby agree to enter into a contract with Bryan Rock Products, Inc. to purchase as described above and for the specific contract mentioned in the event that we are awarded the prime or sub-contract for the above project. TERMS: The discount price listed above will be effective only if purchases are paid in full by the 25th of the following month. By Title This proposal will be valid for 10 days from the date listed above unless signed and returned. INSTRUCTIONS: Please sign the white copy and return same to us. Retain Pink copy for your records. A. THOHAS WURST, P.A. CURTIS A. PEARSON, P.A. .JOSEPH E. HAHILTON, P.A. JAMES D. LARSON, THOMAS E UNDERWOOD, ROGER J. FELLOWS LAW OFFICES WURST, PEARSON, HamiltON, LaRSON & UNDERWOOD MINNEAPOLIS, MINNESOTA 55402 July 1, 1985 TELEPHONE (612) 338-4200 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Garcia v. City of San Antonio - Fair Labor Standards Act Dear Jon: You and I have not consulted on the recent United States Supreme Court decision entitled Garcia v. San Antonio Metropolitan Transit Authority which was decided on February 19, 1985. In effect, this case overruled an earlier decision of the Supreme Court which indicated that municipal corporations were exempt from the provisions of the Fair Labor Standards Act. This means that the relationship between employees and government employers has been complicated tremendously by this decision. In recent seminars which I have attended and recent publications which I receive from the National Institute of Municipal Law Officers, of which I am a member, it has been indicated that all cities must i,~Lediately review all of their employment practices to be sure they are in compliance with the Fair Labor Standards Act. If you are not in compliance with the Fair Labor Standards Act, you may very well be subjected to litigation by members of the police force, volunteer fire department, or other City employees. The question is extremely complicated and the various issues are also complicated. I have a partner who is assisting me with some of my municipal clients in looking through their employment relationships t° be sure they are in touch and in compliance with the Fair Labor Standards Act. I would suggest that you and I discuss a special project whereby Mr. Hamilton of my office meets with you and members of your staff to be sure that you are in compliance with all of the provisions of the Act. Mr. Hamilton is studying this and working on this, and I believe he will be in a position to be of assistance to you and the City Council if you determine you want to retain us to provide that service. WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Page 2 Mr. Jon Elam, City Manager City of Mound July 1, 1985 I am suggesting that all employment practices between the City and its police department, fire department, street maintenance workers, park and recreation workers, etc. be reviewed to be sure that you and your department heads understand the Fair Labor Standards Act and to determine if we have any problems whatsoever in Mound in being in compliance. I am also enclosing for your benefit copies of materials which I have received today from NIMLO, and this may assist you in understanding in capsule form the problems with which we are faced. CAP:Ih Enclosures Ver~trul~~ Curtis A. Pearson, City Attorney ,/ National Municipal Litigation Center of the National Municipal Legal Defense Fund I000 Connecticut Avenue, N.W., Suite 800, Washington, D.C. 20036 (202) 466-5424 PRESIDENT J. LAMAR SHELLEY City Attorney Mesa. Arizona FIRST VICE PRESIDENT JOHN W. WITT Cily Attorney San Diego. California SECOND VICE PRESIDENT ROGER F. CUTLER City Attorney Salt Lake City. Utah THIRD VICE PRESIDENT GEORGE AGNOST City Attorney San Francisco. California TREASURER ROY D. BATES City Attorney Columbia. South Carolina TRUSTEES: BENJAMIN L. BROWN Immediate Past President City Solicitor Baltimore. Maryland T J, ALFTON Minneapolis. Minnesota JAMES K. BAKER City Attorney Birmingham. Alabama MARVA JONES BROOKS Cily Attorney Allanta. Georgia DOUGLAS N. JEWETT City Attorney Seattle. Washington BARBARA MATHER City Solicitor Philadelphia. Pennsylvania JAMES D. MONTGOMERY Corporation Counsel Chicago. Illinois JOSEPH 1. MULLIGAN Corporation Counsel Boston. Massachusetts ANALESLIE MUNCY City Attorney Dallas. Texas CLIFFORD D. PIERCE. JR. City Attorney Memphis. Tennessee ~,M H. TAUBE Counsel Illinois WILLIAM 1. THOKNTON. JR. City Attorney Durham. North Carolina GENERAL COUNSEL CHARLES S. RHYNE DEPUTY GENERAL COUNSEL WILLIAM S. RHYNE June 19, 1985 Washington. D.C. Dear NIMLO Member: On June 14, 1985, the Department of Labor issued its long-awaited statement regarding the Garcia decision and its impact on Fair Labor Standards Act (FLSA) coverage for state and local governments. A copy of the Department's statement and Press Release explanation is included with this letter. In sum, the Department will stay its own investigation and enforcement actions with respect to activities considered. as traditional government employment, and involving employ- ment in publicly owned mass transit systems, until October 15, 1985. The investigation period in such cases will extend back only to April 15, 1985. Effective immediately,, the Wage and Hour Division of the Department of Labor may- initiate investigations involving the categories of govern- ment employment listed in 29 C.F.R. Part 775.3 as being nontraditional. As the Department's statement clearly indicates, employers will be subject immediately to private suits by individual employees to enforce the Act. The Depart- ment's decision to delay its own enforcement actions will not affect private actions directly. NIMLO is under- taking to collect copies of those suits that have been filed. If your city has been sued in such a cas~ or you know of another city that has, please so advise NIMLO. The Congress and the courts should be interested if the Supreme Court has opened the gate to a flood of litigation against cities similar to its antitrust and Section 1983 decisions. '- Because it is becoming clear that the ultimate position of the Department is that state and local governments must comply with the FLSA, or incur great risks, NIMLO recommends that your municipali{y comply with the FLSA as discussed in the enclosed policy state- ment. NIMLO intends, however, to pursue the legislative exemptions and litigation possibilities outlined in our Midyear Seminar, Washington, D.C., April 28-30, 1985 50th Annual Conference, Philadelphia, Pennsylvania, October 16-19, 1985 2 mailing to you of May 1, 1985. If you have not already done so, please fill out the enclosed "Fact Questionnaire" regarding the impact of the Garcia decision on your municipality. This information is essential in order to pursue NIMLO's legislation and litigation possibilities. Sincerely, ~ ~/J. Lamar Shelley President Enclosure 773 Investigation Policy for Determining State and Local Government Employers' Compliance with the Fair Labor Standards Act On February 19, 1985, the U.S. Supreme Court ruled in Garcia v. San Antonio Metropolitan Transit Authority et al. (SAMTA) 53 LW 4135 (Feb. 19, 1985), that the minimum wage and overtime pay provisions of FLSA apply to the public mass transit emDloyees of the San Antonio Metro- politan Transit Authority. On April 15, 1985, the Supreme Court issued its Mandate in the case, which gave effect to the February- 19, 1985 decision. In deciding SAMTA, the Supreme Court expressly overruled its earlier decision in National League of Cities v. Usery (NLOC), 426 U.S. 833 (1976), that the minimum wage and overtime pay provisions of FLSA could not constitutionally be applied to State and local government employees who are engaged in traditional government functions.. Consequently, the minimum wage and overtime Day provisions of FLSA now apply to all State and local government em~Ioyees, except those specifically excluded in FLSA section 3(e)(2)(c) and those who may otherwise qualify for exemption from the minimum wage and/or overtime pay provisions of the Act. Employers covered by FLSA are also subject to litigation brought by private parties under FLSA section 16(b) to enforce all pro- tections provided by the Act, including the assurance of statutorily mandated minimum wage and overtime guarantees. Effective immediately, the Wage and Hour Division may initiate inves- tigations involving the categories of government employment liste~- in section 775.3 of Interpretative Bulletin, 29 CFR Part 775 as being nontraditional, with the exception of local mass transit systems. Those categories of government employment are as follows: (1) alcoholic beverage stores; (2) off-track betting corporations; (3) generation and distribution of electric power; (4) provision of residential and commercial telephone and telegraphic communication; (5) production and sale of organic fertilizer as a by-product of sewage processing; (6) production, cultivation, growing or harvest- ing of agricultural commodities for sale to consumers; and (7) re- pair and maintenance of boats and marine engines for the general public. In no case will the period covered by an investigation extend prior to April 15, 1985, nor will back wages be requested for any period of employment which occurred prior to that date. Enforcement actions with respect to local ma~s transit systems. are not being initiated at this time due to t~e fact that the question of whether local mass transit systems were subject to FLSA had been in litigation since November 21, 1979, and their status under FLSA was not finally resolved until the Supreme Court decision of February 19, 1985. Effective October 15, 1985, the Wage and Hour Division will begin conducting FLSA investigations involving activities considered traditional government employment and involving employment in local mass transit systems operated by State and local governments. 1 /733 2 The investigation period in all such cases will extend back to April 15, 1985 and payment of FLSA back wages may be requested for the same period. In any case involving a State or local government as an employer, in which it is administratively determined that violations of the minimum wage and/or overtime pay Provisions of FLSA have occurred, the Department will not file suit to enforce these statutory provisions against a State or local government unless at least 30 days written notice has first been given that the pay practices in question'are in violation of FLSA. This policy has no applica- tion with respect to situations in whiCh an FLSA suit has been filed against a State or local government employer prior to the date of this memorandum. The course to be followed by the Depart- ment in such litigation will be determined on a case by case basis. United States Department of Labor Office of Information Washington, D.C. 20210 CONTACT: Herbert Cohen USDL 85-249 OFFICE : 202/523-8305 HOME : 301/730-1540 For Release- CONTACT: Jim Valin OFFICE : 202/523-8305 HOME : 703/560-5410 IMMEDIATE--Friday June 14, 1985 LABOR DEPARTMENT TO START INVESTIGATIONS OF STATE, LOCAL GOVERNMENTS UNDER FEDERAL WAGE-HOUR LAW The U. S. Department of Labor announced today its enforcement policy for conducting federal wage-hour investigations to carry out the Fe.b. 19 Supreme Court decision in Garcia vs. San Antonio Metropolitan Transit Authority. That decision held that it was constitutional to extend coverage of the Fair Labor Standards Act (FLSA)--the federal minimum wage and overtime law--to essentially all state and local government jobs. It reversed a 1976 decision, National League of Cities vs. Usery, in which the court had held that the act could not constitutionally be applied to state and local government employees engaged in "traditional" government functions. Under this enf6rcement policy, investigations can be conducted immediately for most jobs the Department had previously determined were "non-traditional," including, generation and distribution of electric power; provision of telephone and telegraph services; alcoholic beverage stores; off-track betting corporations; production and sale of fertilizer as a sewage treatment byproduct; production of agricultural products for sale to consumers; and repair and maintenance of boats and marine engines for the public. Scheduling of all other state add local government investigations under the FLSA will be delayed until Oct. 15 to allow government bodies to adjust their compensation systems to meet the requirements of-the act. Activities .for which investigations will b: delayed include, law enforcement agencies, fire departments and local mass-transit systems. Mass transit systems had been determined by the Department to be "non-traditional," but their status was not finally settled until the Garcia decision. Labor Department investigations of state and local government liability will require back pay to meet the terms of the FLSA from April 15. This is the date all appeals from the Feb. 19 decision were exhausted and the Supreme Court's mandate issued in the case. -more- -2- Virtually all employees of state and local government .~odies are covered by the h~inimum wage and overtime pay provisions of the Fair Labor Standards Act, and will be subject to Labor Deparbnent enforcement actions requiring compliance with the Act from April 15, even though investigations may not start until later. If violations are found, the depart.,~ent will determine back pay due employees from that 'date. Hence, to be in compliance with the law, state and local government organizations must .he sure their pay systems now meet FLSA requi r ements. The act is enforced by the 'Wage and Hour Division of the Labor Deparbment's Employment .Standards Admiqistration, which has' offices throughout the United States, generally listed in t, he federal government sections of 'telephone books. Complai'nts alleging violatiQns will be investigated, and employees also have the right to file private suits under .the act. PHONE NO. S T A T E 0 F DEPARTMENT OF 4~5-9393 Jon Parker, Area Wildlife Manager 223 Holmes Street, Room 101 Shakopee, MN 55379 NATURAL RESOURCES FILE NO June 27, 1985 City of Mound Attn: Fran Clark, City Clerk 5341 Maywood Road Mound, Mn 55364 Dear Ms. Clark: ii, is is in response to our telephone conversation concerning nuisance Canada geese on Narrison's Bay, Lake Minnetonka. Mr. Konrady of the Seahorse Condo- miniums reports 150 to 175 geese with a high proportion of young regularly using and abusing their lawn. Mr. Konradyis pursuing all possible methods of discouraging the geeses and we don't know if anything will permanently solve the problem. One promising solution to this problem is currently b~ing undertaken in Fdnneapolis and several suburbs. The cities, in cooperation with the University of Minnesota, U.S. Fish & Wildlife Service, and MN Department of Natural Resources, have developed goals for the desired number of geese on specific lakes. Large numbers of geese are being translocated to other states and to outstate Minneso,~a. When the desired density of geese is reached, the populatton will be controlled by the removal of eggs from nests. The above-named public agencies are providing technical assistance and necessary permits. The costs of the ongoing control program will be borne by ~he cities. We have Just about reached the limit of the ability of our goose control team to take on additional projects. The problem is expanding as you well know, and it is time that the wildlife agencies re-evaluate the level of support which can be devoted to this type of activity. Your city is one of the areas we will be discussing in this regard. i recommend that your city council and citizens discuss this issue thoroughly and try to come upwith realistic goals for the number of geese which you desire. You should also ~iscuss methods of funding a control effort. The problems on Minnetonka may not be limited to city limits, and it is likel~ that a cooperative venture involving all of the municipalities will be needed. ! will keep you informed of our decisions on this problem. Please call me if you have any questions or suggestions, and let me know what conclusions the city reaches. Jim Cooper, UofM Dick Wetzel, USFWS AN EQUAL OPPORTUNITY EMPLOYER JUNE 21, 1985 G-OO2/GR-85-108; PUC-85-O18-RD NORTHERN £TATES POWER, 414 NICOLLET MALL, ;qINNEAPOLIS, MI; 55401: Petition of Nortnern States Power for Authority to Change its Scneaule of Rates for Customers Within the State of Minnesota. (Administrative Law Judge Richard DeLong, 612/341-7604/(2/28/85) EVIDENTIARY HEARINGS MONDAY, AUGUST 26 THROUGH FRIDAY, SEPTEMBER 6, 1985, 9:30 A.~vf-'~IS/LARGE HEARING ROOM, ~. 7TH FLOOR, AMERICAN CENTER BUILDING, 160 E. KELLOGG BOULE~LAt~D, ST. PAUL, MN 55101. '.~, PLEASE NOTE: HEARINGS WILL NOT BE HELD ON LABO.~ DAY. ~O~DAY~ SEPTEMBER 2~ 1985. PUB HEARINGS MONDAY,~'-~]ULY 22, 1985, 1:30 P.M., WINONA~TY COURTHOUSE, COMMISSIONERS ROOM, 2nd 'FLOOR, THIRD~.AND WASHINGTON, WINOS5987. MONDAY, JULY ~1985, 7:30 P.~, CITY/HALL, COUNCIL CHAMBERS, 208 NW ls% AVENUE, FARIBAULT, MN 55021~ ~ x~'~'0 p ' TUESDAY, JULY 23, 1985 .M., 715/LARGE HEARING ROOM, 7TH FLOOR, ~IERICAN CENTER BUILDING, 160 E. ~L~O~G BOULE~ARD,_~ ST. PAUL, MN 55101. TUESDAY, JULY 2~,, 1985, 7:30 P.M.,'~C!TY HALL, COUNCIL CHAMBERS, 400 2nd STREET, S., WEDNESDAY, JULY 24, 1985, 7:30 P.M., CITY HALL, COUN~I~ CHAMBERS, 500 CENTER AVENUE, ..MOORHEAD, MN 56560. ///~, JULY 25, 1985, 7:30 P.M., WASHINGTON COUNTY COuRTHousE, BOARD ROOM, 149~0 . [ '__ -~ ~ls~_STREET, STILLWATER, MN 55082. ~ON~==- TELEPHONE MATTERS P-~O7/G~-85-23~; PU~ P~-~-~' Q~C-85-O22-PR CONTINENTAL TELEPHONE COMPANY OF MINNESOTA, INC., 3500 W. 80th STREET, SUITE 500, MINNEAPOLIS, MN 55431: Petition for Authority to Change its Schedule of Telephone Rates for Customers Within the State of Minnesota. (AOministrative Law JuOge Phyllis Eena, 612/341-7611)(4/19/85) PUBLIC HEARINGS WEDNESDAY, SEPTEMBER 4, 1985, 7:00 p.m., KOOCHICHING COUNTY COURTHOUSE, 3rd FLOOR COURT'ROOM, 711 4t~ STREET, iNTERNATIONAL FALLS, MN 56649. THURSDAY, SEPTEMBER 5, 1985, 2:00 p.m., BRYANT CENTER, FILM CENTER, BABBITT, MN 55706. FRIDAY, SEPTEMBER 6, 1985, 1:30 p.m., COMMUNITY HALL, ISLE, PiN 56342. TUESDAY, SEPTEMBER 10, t985, l:O0 p.m., T & C HUB, LAKE LILLIAN, MN 56253. TUESDAY, SEPTEMBER 10, 1985, 7:00 p.m., COTTONWOOD COMMUNITY CENTER, MAIN STREET, COTTONWOOD, MN 56229. WEDNESDAY, SEPTEMBER ll, 1985, 1:00 p.m., PUBLIC LIBRARY, 1054 4th AVENUE, MOUNTAIN LAKE, MN 56i59. WEDNESDAY, SEPTEMBER 11, 1985, 7:00 p,~.~, Ci~TY THURSDAY, SEPTEMBER 12, 1985, 7:00 p.m., WESTONKA COMMUNITY CENTER, BOARD ROOM, 5600 LYNWOOD BOULEVARD, MOUND, MN 55364. (Parking available Dy Pond Arena, enter side door of Aaministration Building.) ~FRIDAY~ SEP~E~-~3~985~-~:~-~3"~E~6U~T~-~C~U~T~S~,`-~ISSI~NERS ROOM, ~tn ST~T ~ 2no AVENUE, N., WHEATO~, MN 56296. June 21, 1985 545 indian Mound Wayzata, Minnesota 55391 (612) 473-4224 Mr. John Elam City of Mound 5341Maywood Road Mound, MN 55364 Dear Mr. E1 am: You may already know that Hickok vice president George Boyer died unex- pectedly on June 6. George played an important role in our firm for many years, and all of us will miss him. We realize.your working relationship with George makes his death a pro- fessional concern as well. Despite the obvious changes brought on by such an event, your project will proceed according to schedule. For our work with the city of Mound, we've appointed John Lichter as new pro- ject manager. He wilt contact you in the near future. We trust our work will continue to fulfill your expectations. Please do not hesitate to contact us if you have any questions. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Dale Tranter Vice President EEOC Rejects' -Worth Concept' As Proof of Bias By CA'm't Tmm"r Staff Reporter of TltE WA~.l. STR~:~r WASH~GTON - The Equal Employ- ment Op~rtunity ~mmi~ion, in ~Hcy de~ision on ~e contmve~i~ notion of comparable wo~h, said ~equ~ pay for work of similar value w~'t by i~elf of job disc~minafion. The federal job-bi~ agency vot~ ~-' imo~ly yesterday against pu~uing what it c~l~ "pure" comparable-wo~h c~es. But the agency said it ~H act in c~es where it c~ ~ sho~ ~at employe~ in- tentionally paid.different wages to women and men in comparable ]obs. The decision, a ~cto~ for m~erates on'~e five-mem~r commi~ion, w~ hailed by the U.S. Ch~ber of ~erce ~ "a ~si~ve step towa~ re.on, lo~c and fairness." The Nation~ ~ittee on Pay EquiW, ~ adv~acy ~up, said it w~ "ple~ed that ~e ~ag~ a~istra- tion isn't cluing the d~ on ~e dis- crimination.'' But adv~ates Eso ~e~ed · at the co~ion not only fail~ to clar- i~ what constitutes intentional ~sc~mina- tion, but also plac~ ~e burden on em- ployees to pr~uce evidence of such bi~. The co~ssion b~ed i~ decision on a c~e that ~volved an Illino~ m~icip~ ho~ing autho~ty charged predomin~tly male maintenance s~f more th~ i~ mostly female a~i~stm- tive st~f, even ~ough ~ jobs req~r~ comparable skill, effo~ ~d resw~ibHi~. "We fo~d no e~dence ~at ~e pay differ- ence w~ due to sex," said Clarence Thom~, ~e EE~ ch~rm~. The EE~ had come ~der fire for re- ~g to ~e ~ offici~ ~licy state on comparable wo~. The Illinois ~e w~ ch~en for renew became it w~ "repre- sentative'' of 265 similar c~es ~nd~g at · e cotillon, Mr. Thom~ said. But c~tl~ charg~ ~at ~e c~e ~ca~e it lacked, e~dence of sex- ~ wage disc~mination.' "We are conmc~ that ~n~ never au~ofized ~e govement to t~e on wholesale restructuring of wiges ~at were set by nih-sex b~ decisiom of em- ploye~, by collec~ve bargaining or by ~e marketplace," Mr. Thom~ s~d. HEI, Inc., creates three divisions HEI, Inc., said it has formed three operating divisions to reflect its di- versification. The HEI division In Victoria will make hybrid circuits; a light-sensing- products division in Sauk Centre, Minn., will make computer light pens, optical switches and a.Rem- biles used in computer peripheral equipment, and ~s division in Mound will Ynake outical ~s~_ anners. ~, corporate service group in Victoria will provide financial, re- search and development and pur- chasing supporL /?YY a ociation of mei'r.o o[[t.an municlpall1'les June '26, 1985 TO: AMH Member Cities (Mayors, Managers/Administrators and Delegates) FROM: AMM Staff RE: 1985 LEGISLATIVE ACT SUMMARIES - ITEMS OF PARTICULAR INTEREST TO METRO CITIES THE LEGISLATIVE ACT SUMMARIES CONTAINED HEREIN ARE'.. 1. PERA BOARD (CHAPTER 11). 2. COMPREHENSIVE PLANS AND ZONING ORDINANCES (CHAPTER 62). 3. SALE OF NON-INTOXICATING MALT LIQUOR (CHAPTER 117). 4. RESIDENCY REQUIREMENTS: FIREFIGHTERS (CHAPTER 197). 5. METRO SOLID WASTE MANAGEMENT (CHAPTER 274). 6. CABLE TV (CHAPTER 285). 7. CONFLICT OF INTEREST STANDARDS FOR CONDEMNATION COMM. (C[]APTER 299). COEFFICIENT OF DISPERSION PENALTY (CHAPTER 300). METROPOLITAN TRANSIT. 10. COHBINED SEWER SEPARATION. 11. FISCAL NOTES. 12. LOCAL GOVERNMENT AID - OMNIBUS TAX BILL. 13. PLUMBING INSPECTIONS - BUILDING INSPECTORS (NO CHAPTER). Please contact either Roger Peterson or Vern Peterson at the AMM Office (227-5600) should you have questions. We also want to acknowledge and thank Joel Jamnik, LMC Legislative Counsel, for his contributions to this bulletin. -1- university avenue east, st. paul, minnesota 551 01 (612) 227-5600 1. PERA Board (Chapter 11 - S.F. 122) Abolishes the PERA Board and replaces it with a nine-member board composed of the state auditor and eight appointees of the governor, including representatives of school boards, cities, counties, retired annuitants, and non-PERA members. The general membership will eventually elect three members of the board. The PERA Board will select the Executive Director with the advice and consent of the Senate. Qualifications include five years experience in an executive level management position, with responsibility for pensions, deferred compensation or employee benefits. Statute also fixes the salary of the executive director, prohibits PERA from contracting with lobbyists, requires procedures for reimbursement of Board member expenses, and integrates present PERA employees into state classified service. Most provisions of this law became effective April 11, 1985, other sections take effect July 1, 1985. Comprehensive Plans and Zonin~ Ordinances (Chapter 62 - H.F. 247') Clarifies the lines of authority between a local p~anning commission or agency and the city council. The amendment states that ° a local planning agency may recommend to a governing body the adoption and amendment of a comprehensive plan and that a governing body may propose a comprehensive plan and amendments by resolution submitted to a planni~ng agency. There had been some recent confusion whether a city council could propose changes to the comprehensive pla~ without the planning agency first recommending the change. Under the new law, a governing body may not act upon the proposed plan or amendment until it receives a recommendation of the planning agency or until 60 days have elapsed since the plan or amendment was submitted to the planning agency for recommendations. The statute also specifies that amendments to comprehensive pians must be adopted by a two-thirds vote, instead of a majority,/ of the governing body. Finally, the law also specifies that where a comprehensive plan conflicts with a zoning ordinance, the ordinance supersedes the plan. Effective Ju~y 1, 1985. -2- Sale of Non-Intoxicatin~ Malt Liquor (Chapter 117 - H.F. 603) Authorizes holders of on-sale and off-sale intoxicating liquor licenses to sell non-intoxicating malt liquor without further license. Statute also defines "low alcohol malt liquor" as a fermented malt beverage containing two percent or less of alcohol by weight. Residency Requirements: (Chapter 197 - S.F.11BT) Fire fighters Permits cities or counties to impose reasonable residency requirements on volunteer firefighters or members of nonprofit firefighting corporations if there is a demonstrated, job-related necessity· Statute requires residency requirement to be related to response time and established without regard to political .subdivision boundaries. Metro Solid Waste Management (Chapter 274 - S.F. 866) Outlines the process by which designated resource recovery facility may petition and qualify for exclusion of waste materials. Statute defines closure and post closure care of disposal faqilities. Facilities owned/operated by public agency or supported by public funds or obligations are prohibited from accepting recyclable materials except for transfer to recycler, unless no person is willing to accept recyclable materials. Statute requires owner/operator to ~ubmit proof of financial responsibility within 180 days of effective date of agency rules or by January 1, 1987, whichever is later. By January 1, 1987 and in subsequent odd-numbered years, metro council must provide the legislature w~th cost and financing analysis of metro area facilities. Statute allows the use of any site owne~ by the metropolitan waste control commission of less than 500 acres for landspr~ading sewage sludge. Statute specifies the information to be ~ncluded in counties' abatement plans: measurable performance standards for ~ocal abatement activities for county as a whole and for c~t~es of first, second, and third class, stated in annual ~ncrements through 1990 and ~n two five-year increments thereafter. The county plan must include standards and procedures to be ~sed by county to determine whether cities have implemented plan an~ satisfied performance standards for local abatement. The county's annual report to the metro council must list cities that have not satisfied county performance standards for local abatement. /???. Statute permits counties to adopt separation of mixed municipal waste. apply to local units within county that locaL abatement performance standards. ordinances requiring The ordinance shall have failed to meet Levies to ~pay increased costs to cities and towns of implementing waste reduction and source separation programs are exempt from levy limit imposed by M.S. 275. By January 1, 1986 and each January thereafter, metro council shall pay cities and towns $4 per ton for recyclable material collected and recycled from residential sources within city or town. In order to qualify, cities and towns must certify the tons collected and recycled. After January 1, 1990 metro area waste accept mixed municipal waste unless transferred to facility from resource identified by metro council. facilities may not waste has been recovery facility Statute corrects language contained in M.S. Subdivision 5, so that charter cities as well as cities can collect the 50 cents per household metropolitan landfill abatement fund. 473.84, statutory from the Cable (Chap.ter 285 - H.F. 786) Chapter 285 (H.F. 786) recodifies the state statutes dealing with cable television franchising and the metropolitan regional channel. Many of the State Cable Board rules and regulations have been included in the new laws. The State Cable Board was abolished as of July 1, 1985 and its duties transferred to the State Commissioner of Commerce· A provision was included to create a Metropolitan Regional Channel non profit corporation entity if one had not been designated by the Cable Board by July 1, 1985. Membership on the Board of Directors of the entity is specified by organization or class of interested persons with final appointment by the Metropolitan Council. This provision will probably be moot since the Cable Board will probably designate a non profit corporation as the Regional Channel entity at its June 28, 1985 meeting. The Board of Directors of the entity to be designated will consist of 13 persons representing various interests including three from cities or franchise commissions. -4- Conflict of Interest Standards for Condemnation Commissioners (Chapter 299 - S.F. 43) Requires courts, before appointing a commissioner in a condemnation case, to inquire whether the prospective commissioner has any relationship, business or otherwise, to any of the parties in the proceeding, or any interest in the proceeding which may constitute a conflict of interest or may create the appearance of impropriety should that person be appointed. No person who might have difficulty in rendering and unbiased decision may be appointed to serve. One of the commissioners may be a practicing attorney knowledgeable in eminent domain matters but all other commissioners must be persons actively engaged in the occupation of real estate sales or appraising or knowledgeable in real estate .values. All commissioners will be required to sign an oath that they have no conflicts of interest· Coefficient of Disperson Penalty (Chapter 300 - S.F. 472) Includes a repealer of the Coefficient of Dispersion Penalty. This penalty was adopted in 1977 but implementation has been delayed annually since 1978. Cities local government aid would have been reduced up to $5 per capita based on the coefficient of dispersion which is a measure of internal assessment quality. The significant problems with the 1977 legislation were that the thresholds for the penalty exceeded national standards for good assessment, many of the local units penalized had no control over the assessor .or assessment practices, and the data used to calculate the index was not precise. 9. Metropolitan Transit (1985 Special Session, S.F. 24) Funding for the Regional Transit Board (RTB) and the various Metropolitan Transit activities, including the Metropolitan Transit Commission, was provided at an adequate level to maintain current programs. Funds ($1,750,000) were provided to undertake a Transit Needs Assessment for the Metropolitan Area to determine the size and location of transit markets, characteristic of transit users, and cost of alternatives including any mode of transit or vehicle system. No public funds can be expanded on Light Rail Ttansit without legislative authority and until the Transit Needs Assessment is complete. The RTB membership was reduced from fourteen members plus chair to eight members plus chair affective August 1, 1985. The RTB was given authority to establish fair policy and rates to insure at least 35% operating cost funding. This must be included within the mandated three year Financial and Implementation Plan. 10. Combined Sewer Overflow & Grants (1985 Special Session, H.F. 10) Article 19 establishes a state funding mechansim and time schedule to assist the cities of Minneapolis, St. Paul, and South St. Paul in completing the separation of their combined sewers. To be eligible to receive state assistance, a city must have a plan approved by the MPCA to abate combined sewer overflow (CSO) and such city must implement a program to disconnect any structures or devices which were constructed to divert or convey stormwater, snow melting, surface water from private or public property into a public sanitary or combined sewer. It is intended that the sewer separation program be completed in 10 years. $6,750,000 is appropriated annually for grants and interest free loans to the three cities. The MPCA determines eligible costs for each city and compares individual costs to 'the total eligible costs required to abate CSO. This comparison determines each city's proportionate share of the state provided, funding. Of the annual appropriation of $6,750,000; one-half is a grant and one-half is an interest free loan. The loan repayment amount repayment period is the installment 10 year before. required each year during the loan amount received in the annual This program 'is funded by an increase in the cigarette tax. 11. Fiscal Notes (1985 Special Session, S.F. 24) A section within the Semi States Appropriation bill requires that all legislative bills affecting local government cost or expenditures have appended to them by the State Finance Department a fiscal note estimating the local expenditure. Although, this requirement does not have a direct local affect, it will point out to legislators and other interested organizations the public cost of various mandate bills prior to passage and may help prevent some bills which carry hidden costs to cities from becoming law without adequate provision for funding. ]?5© -6- 12. Omnibus Tax Bill (1985 Special Session, H.F. 10) Local Government Aid A new Local Government Aid (LGA) distribution formula was adopted for the year 1986 only, which means some action must be taken in the 1986 legislative session to either extend the new formula or adopt something else. The aid amount for 1986 was increased by 8% and most cities will receive the maximum increase of 12%. No city will receive less than it received in 1985. Cities of the first class are guaranteed at least a 2% increase. A preliminary aid [actor is determined by calculating the fiscal need factor (3 year average of the sum of the levy plus LGA) minus the local effort mill rate amount (local effort mill rate times equalized assessed value). An across the board reduction factor is applied to the preliminary aid increase over 1985 levels to bring the total aid increase down to the appropriation level. The minimum (1985 LGA amount of 2% increase for first class cities) and maximum (12%) are then applied. The local effort mill rate factor is calculated by adding the number of mills needed to raise $16 per capita per mill for the first $300 per capital of average levy plus aid and the number of mills needed to raise $14 per capital per mill for levy plus aid in excess of $300 per capital. The minimum local effort mill rate permitted is 8 mill. Revenue Sharing Replacement The Omnibus Tax Bill includes a provision to increase a city or county levy limit .base by the amount of decrease in Federal General Revenue Sharing Funds. This will allow cities over 5000 population which are restricted by Section 275.50 levy limits to levy additional property tax to replace decreased or abolished General Revenue Sharing dollars. The base adjustment is automatic but the actual levy is discretionary on the part of the city. Meltin6 Structures The Omnibus Tax Bill includes a section which will return to property tax status certain structures used in the malting plant process which were declared Attached Machinery by the Tax Court. The structures included are ones which serve a duel purpose of 'housing' product as well as processing. 13. Levy Limit Base Increase Change The general levy limit base increase was modified for 1986 and thereafter. Instead of the Implicit Price Deflator (IPD) percent or 5% whichever is greater, it will now be whichever is less. Thus, the general inflation incrase for cities and counties over 5000 population for 1986 will most likely be 5% unless the IPD drops below that percentage. Plumbing Inspections - Buildin$ Inspectors A bill which did not pass but will be heard in 1986 (H.S. 361/S.F. 342) would require all plumbing inspections to be done by certified plumbers. At the urging of the AMM, LMC, and State Building Code Officials, action was delayed to develop compromise language which will allow current and new Building Inspectors to become certified through the normal Building Inspector Certification process or through additional testing. A time delay for the effective date will_ be included to give current inspectors who are not certified plumbers ample opportunity to become certified. -8- june 27, 1985 COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH MANAGEMENT GROUP 8'10 South First Streef Suite 220 935d 544 Hopkins, Minnesota 55343-'160'i William Alexander Captain Billy's 5241 Shoreline Boulevard Mound, MN 55364 Dear Mr. Alexander: On June 19, 1985 an initial inspection was made at your establishment. The following orders were issued for correction of violations of Hennepin County Ordinance Number 3, Food Protection: The following orders from previous inspections are not in compliance in the Bar and Kitchen: 1. (67A,B) Provide and use a test kit to check the concentration of sanitizer~- in the bar sink and the kitchen three pot'sink. 2. (84)Provide and maintain a supply of soap and single use towels and as~...~~~ nailbrush at the compartment of the bar sink used for handwashing. 3. (17,20A) Imediately maintain hot potentially hazardous food at 150°F or more. Meat balls in tomato sauce were at 120°F in the steam table. on the range was at 130°F. Rapidly reheat previously cooked and refrigerated food to 165OF or higher before serving, or placing in a hot food storage facility. 4. (31B) Provide and use stem-type product thermometers to monitor food temperatures..They shall be accurate to +/- 2OF and read from 0-220OF. 5. {32) Immediately discontinue thawing potentially hazardous food at.room temperature. (35A) Provide approved dunnage racks, shelving, pallets, or dollies to ensure storage of food products 6" above the floor. All racks shall meet~~.~ National Sanitation Foundation (NSF) standards. Bread racks are not acceptable. HENNEPIN COUNTY an e'qual opportunity ~mployer 2 (35B) Store food in the original unopened container or in a tightly close labeled food-grade bulk container. Flour ana sugar were not storea correctly. 8. (49A,B) Maintain in employment at least one owner or operator involveO with the direct operation who has successfully completeO a course in the prevention of foo~borne illness. Develop and implement an approve~ self-inspection/quality assurance program. 9. (91A) Provide a smooth, cleanaDle, light colored ceiling in the kitchen anO~~ back room. (Ceiling partially done.) 10. (92B) Provide shields over all lighting in food preparation areas. (Partially done.) 11. (106) Comply with the provisions of the Minnesota Clean InUoor Air Act. See inspection letter of May 9, 1985. 12. (40,70,72) Wash, rinse, and sanitize slicers and cutting boards after each use period or every two hours, whichever is first. following new orders are hereby issued: The 1. (13) Immediately ~iscontinue storing cheese by the range at room temperature. Sliced and shredded cheese shall be stored at 40°F or less. 2. {55) The stainless steel tables which have taped corners are not accept- able. Remove the tape. Weld anO buff the corners so that they meet the requirements of National Sanitation Foundation (NSF) standarO. If this cannot De done, replJce with acceptable equipment. (59) Refinish the side of the hood which was cut and welded to be smooth and cleanable. The use of silicone sealants in the interior of the hood is unacceptable. Has this hood been approved by the city builoing official? 4. (88) Discontinue the use of extension cords to plug in foodservice equ i pme nt. ~ 5. (88) Keep the exterior (toors tightly closed to exclude flies and other~- t~,~ critters, including cats, dogs, mice, and rats. 6. Review the May 9, 1985 inspection report for directions on cleaning and sanitizing. 7. Install a filter and louvred grill over the air conditioning duct in the kitchen. It seems to be blowing dirt into the room. Comply with all violations IMMEDIATELY. Compliance will be verifie~ at the next routine inspection. If you have any questions, please call me at 935-1544. Sincerely, r ~ t~! J~n A. G' ist, R.S. Env i ronmental ist cc: City of Mound, Building Official JAG/vp MO~TH OF CITY OF MOUy,rD MONTHLY ACTIVITY REPORT OF LIQUOR DEPARTI-~NT ' SALES THIS MONTH L~ST MONTH THIS YEAR lAST Compa_~-ison of Honthly Sales Month 19 Month &['fear.' _q'tff AJ~ ~ ' ~_~~ April 9, 1985 RESOLUTION NO. 85-37 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO CONSTRUCT A CLASS III RESTAURANT AND GRANT A PARKING VARIANCE IN SECTION 13, TOWNSHIP 117, RANGE 24, PID BIB-II?-24 B4 0069/00?0, AT 5241 SHORELINE BLVD., TO BE KNOWN AS CAPTAIN BILLY'S, INC. WHEREAS, The City Council on April 9, 1985, held a Public Hearing pursuant to Section 2B.505 of the Mound City Code, to consider the issuance of a Conditional Use Permit for PID #13- 117-24 34 0069/0070 at 5241 Shoreline Blvd., for construction of a Class III Restaurant, to be known as Captain Billy's Inc.; and WHEREAS, all persons wishing to be heard were heard; and WHEREAS, the Captain Billy's site is presently zoning B- 1, Central Business District, and does permit Class III restaurants defined as liquor service restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded by Conditional Use Permit; and WHEREAS, the applicant has proposed a-parking stall arrangements that will be deficient in the required parking for the shopping center b~ 37 stalls; and WHEREAS, the shopping center site has an unimproved land area that could be designated for future parking needs; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval upon staff requirements and Hennepin County Health Dept. requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council' of the City of Mound, Minnesota, does hereby authorize the issuance of a Conditional Use Permit and grants a parking variance upon the condition that the owner, Mr. Saliterman shall note' a portion of the adjacent vacant land..equivalent to 37 spaces of overflow parking is being considered as a part of the existing center and that if this extra parking lot is used, screening will be added on the east side. The Council also conditioned the issuance of the Conditional Use Permit by incorporating the Building Inspector's recommendations (Exhibit A) and the He ne 'n County ete these The foregoing resolution was moved by Mayor Polston and seconded by Councilmember Paulsen. · . 52 April 9, 1985 The following Councilmember$ voted in the affirmative: Jessen, Paulsen, Polston and Smith. The following Coun¢ilmembers voted in the negative: none. Councilmember Peterson was absent and excused. MaWr At ~ s~t-: City Clerk RESOLUTION #85-37 Temporary Certificate of Occupancy CITY of MOUND BUILDING & ZONING 'DEPARTMENT. 5241 shoreline Blvd. SITE ADDRESS Mark Saliterman OWNER " MAILING ADDRESS 5241 Shoreline Blvd. hound, MN. 55364 EXHIBIT A DATE APPROVED 13-117-24 34 0020 Captain Billy's, Inc. BUILDER BUILDING PERMIT: NO,.. 6823 .DATE ISSUED 2/8/85 THE FOLLOWING ITEMS ARE NOTED AS INCOMPLETE OR MISSING. THESE MUST BE CORRECTED oR COMPLETED AND REINSPECTED WITHIN 30 DAYS OR THIS CERTIFICATE WILL BE VOID. FAILURE .TO CORRECT THESE DEFICIENCIES WI[,'L ~AUSE OCCUFANCY VIOLATION CITATIONS TO BE iSSUED. 1. Install. garbage dumpster enclosure as per plan. . 2. Identify handicap parki.ng stalls (two), handicap entrance signs, handicap' ramp to Sidewalk In entry area; till gap 'In.sidewalk approx..1T"l/2'' with expansion material. Comply with Hennepin County'Health Department letter dated 4/4/85. Complete firestopping of' wall between cor'ridor and office/kitchen ~reas. Finish bathroom ceiling and kitchen.ceiling, install trim at door openings. Remove all stoqage.in .rear. exit corridor;.keep area clear at all times, Mens and Womens restroom' #llO&llO install handicap lever handles with self-closers to accommodate weight of the. door; comp.lete installation of grab bars, soap.and towel dispensers to.accommddate'handicap. 10. I'1 ." 12. Install at Eoom #108 & #106.20 min, .fire rated.doors with top and side caskets wire seof-clqsers to accommodate weight of the doors, Replace Door #109 in corridor~ Patch hole in concret'e.f.ioor at the rear exit area, Install stair' risers with a maximum of a 7 ½ inches. .. Install occupant load.signs in all rooms over 50 occupants. Install fire .extinguishers, emergency lighting, exit signs, and hood fire suppression sy s tern. 13. 'Install kitchen hood and make up air for the kitchen ventilation. 1'4. Submit statement that drinki.ng water 'will be served upon request as no fountain was J HEREBY AGREE TO MAKE THE ABOVE CORRECTIONS AND TO CALL FOR REINSPECTION WITHIN ' THE TIME ALLOWED: ,, inste e( OWNE R/CONTRACTO R DATE START BILLING FOR: X CiTY WATER X · CITY SEWER BUILDING OFFICIAL April 4, 1985 RESOLUTION 85-37 EXHIBIT B COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH MANAGEMENT GROUP ,,~:~ / 8'10 South First Street '-'~,-.-~:' Suite 220 935-'1544 Hopkins, Minnesota 55343-'1601 William Alexander,-President Captain Billy's 5241 Shoreline Boulevard Mound, Mil 5536~ Dear Mr. Alexander: I made a construction inspection at your bar/restaurant on April 2, 1985. bar, as presently constructed, has a number of deficiencies which s~all be corrected prior to opening for business: The 1~ The construction of the back bar is unacceptable. The cabinets are constructed on an unsealed enclosed base which provides insect.and rodent harborages. The interior, of the' cabinets is of unfinished hardboard, plywood paneling, and unfinished wood. The surfaces are not smooth and cleanable, rendering them unfit for storing food products, beverages, glassware, or single service food containers.. Reconstruct to meet National Sanitation Foundation (NSF) standards by covering all interior surfaces with laminated plastic, and satisfactorily sealing the base to preclude entry of'insect~ and rodents. · 2. The u~derside of the bar is unfinished wood. Finish to be smooth, non-absorbent, and easily cleanable. 3. 'Install the bottle beer cooler on'casters. Blocks are not acceptable. 4. The keg beer cooler shall be sealed in place, if mounted directly on the floor. 5. All beer coolers and cocktail stations shall be plumbed to code with indirect waste lines (air gapped to floor drains). 6. BeVerage line conduits shall be sealed to preclude entry of insects and rodents. 7. Carbon dioxide tanks shall be firmly secured to prevent tipping. 8. The antique gas stove shall be removed from the back bar. decoration in the area is not permitted. Its use as a HENNEPIN COUNTY ::., '. 9. If food i:s to be prepared in the bar area, a convenient handwashing sink supplied with hot and cold running water, soap, single use towels, and a nailbrush shall be provided in the bar. 10. Seventy (70) food candles of light shall be provided over the food preparation surfaces: The kitchen is not completed. Work remaining to be done includes: 1. Provide a smooth, non-absorbent, light colored finish for the ceiling, which is presently damaged by water leaks. '2. Provide 70 foot candles of light for all the food preparation/utensil cleansing surfaces. All lighting fixture's shall be shielded. 3.' .Install all equipment, including vegetable preparation sink, prior to opening. The range is not to be installed until the hood is installed in accordance with all state and local codes. 4. The food storage room walls shall be finished with a minimu~ finish of enamel painted gypsum board. The floor shall have a minimum finish of vinyl asbestos tile, with a vinyl, coved base. The ceiling shall be smooth and light colored. Lighting (20 foot candle minimum) shall be enclosed. 5. Exterior. doors to the establishm6nt shall have self-closing devices. '6. Toilet room exhaust fan switches on the fan grilles'are not acceptable. It is a requirement that'exhaust fans operate at all times that the toilet room is in use. The usual way it is done is to wire the fan and the lights to a single switch so that when the light is one, the fan is on. ~icenses to operate the establishment will not be issued until all requirements of the Health Department are met, and an occupancy permit is issued by the City of Mound. If you have any questions, please call me at 935-1544. Sincerely, i" .JOan A. Gilchrist,.R.S. '~:~v i r onmenta 1 i s t c c :~ C .¢.t~yZ'.b'.f_ M oU n~]'~S~B ~Z] ~l B]] n g LZO.f.f_i c.i a.l~ Roger Carlson, Environmental Health Management Group JAG/vp COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH M,a,Nt'- EM, ENT GROUP 8 t0 Sodh First Sh'eet Suite 220 935-t544 Hopkins, Minnesota 55343-'160'1 Al)r il 25~ 1985 ~11 Alexander Captain Billy's 5241 Shoreline Boulevard Hound, MN 55364 Dear Hr. Alexander:. This letter will confirm the oral orders issued at my stop in inspection of your establishment on April 23, 1985. 1. (5) I~ediately discontinue bringing in food from unapproved sources ~or~t~ ~ service in the facility. Chili from MacNamaras in Hinneapolis is not ~_~ approved. Meat products can only be purchased from USDA inspected plants,O~ 'not from other restaurants. ~/~.c~ 2. (59) ~mmed~ately discontinue the use of the gas range for any purpose until an approved hood and ventilation system are installed and approved by the Health, Building and Fire Departments. Do not cook or heat products until the appropriate equipment is available. ~o~ 3. ('55) I~mediately discontinue the use of the Domestic General Electric ~ Hicrowave Oven. Remove it from the premises. It is not acceptable for con~nercial use. If replaced it shall be with commercial equipment which~~'~ meets National Sanitation Foundation standards. 4. The Clark ~nfrared Broiler is NSF listed. However, its use as a '-'"~ broiler' is not acceptable unless it is installed under a hood which meets Health, Building and F.ire Codes. For this reason I do not find it appropriate ~or your operation. Remove it from the premises, or install it~-~ in an acceptable manner. 5. {67) ProviOe and use a test kit to check the sanitizer concentration in the three cm~partment sink sanitizing rinse Tust kits are available from Economics Laboratory stock room 451-564 for from Aero Dishwashing Service, 2064 1st Street, White Bear Lake, 426-373. Maintain chlorine residuals at 50-200 ppm. HENNEPIN COUNTY an ~'qual opportunity cmploy¢l' 6. (106) C. omply ~itn provisions of Minnesota Clean Indoor Air Act. Items !, 2, 3 and 4 shall De ~one inmlcdiaLely. 1985. Post Entrant,.' with a si.on staling that S~.~OKII~G IS ?RDHIBITED EXCEPT IH ~ · ~-~ 'r ' - ~ ,~,, D,SI,~IA~ED A!!EA. Post Slq,h,~,lG PEP, I,IITFED si(ins in the areas where stool:in9 is al lo~.;ea. Provide at least 30% of seating as non-sl,qokin,:] area. (91,92} Complete tile kitchen ceiling c. onstruc[ion. Provide encloseO NO'~ C~ lightin~j in the kitchen. All others prior to" ~.,ay '), Sincerely, ,](~,;n A. Gilchrist R.S. JAG:cf cc: Building Official, City of Mound COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH MANAGEMENT GROUP 8'10 South First Street Suite 220 935-'1544 Hopkins, Minnesota 55343-'160'1 May 9, 1985 Bill Alexander Captain Billy's 5241 Shoreline Boulevard Mound, MN 55364 Dear Mr. Alexander: An inspection was made on May 8, 1985 at your establishment. The following orders were issued for correction of violation of Hennepin County Ordinance Number 3, Food Protection: - BAR 1. (55) Do not use glasses, paper cups, bowls, or other no~-approved items to scoop ice. Provide and use an approved scoop with a handle to dispense ice. (55A) Food contact surfaces and equipment shall meet National Sanitation Foundation (NSF) standards of design, construction, and installation; be smooth, easily cleanable, resistant to damage from wear or cleaning, non-toxic, accessible for cleaning, and be properly installed. Discontinue the use of Sani Serve Drink Dispenser which does not meet food code standards. Remove it from the facility. If replaced, it shall be with commercial equipment which meets~National Sanitation Foundation '{NSF) standards. (66B) UteQsils and equipment shall be washed in the bar sink in the following manner: Thoroughly wash in the first compartment with a hot detergent solution that is kept clean; rinse free of detergent and abras- ives by immersion in clean warm water in the second compartment; sanitize in third compartment in an approved manner; and air dry on a drainboard. 0 (67A,B) Provide and use a test kit to check the sanitizer concentration in the bar sink. Test kits are available from Economics Laboratory stock room 451-5642 or from Acro Dishwashing Service, 2064 First Street, White Bear Lake, 426-3372. HENNEPIN COUNTY an equal opportunity employer ® (70) Provide and maintain an effective concentration of sanitizer for an adequate exposure time in the three compartment sink using one of the following procedures: Immersion for at least one minute in clean solution containing at least 50 ppm but no more than 200 ppm of available chlorine as a hypochlorite and at a temperature of at least 75OF (24oc). Immersion for at least one minute in a clean solution containing at least 12.5 ppm, but not more than 25 ppm, of available iodine and having a pH of not higher than 5.0 and at a temperature of at least 75OF (24oc). Quaternar~ ammonium solution at a minimum temperature of 75OF and a concentra'tiOn of ~00 ppm. Exposure time is' one minute. Ge (74) Store clean equipment on approved non-absorbent surfaces. Do not store on towels. Clean all surfaces on which glassware is stored on a frequent basis. 7. (75,94) Do not store sweaters or other personal items with single service food containers in the front area by the refrigerator. ® (84) Provide and maintain a supply of soap and single use towels and a nailbrush at all handsinks. None were available in the bar for handwashing. (46B) Employees shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water., and use a nailb~ush to adequately clean fingernails before starting work,· during work as often as necessary to keep them clean, and after smoking, eating, drinking, or using the toilet. Employees shall keep their fingernails clean and trin~ned. KITCHEN 1' (5) Obtain meat products from approved commercial sources as identified by inspection legend or purveyor's name. Serving food products prepared at a cater6r is not acceptable unless the purveyor has a USDA inspected and licensed plant. Soup and hot sausage were brought in from Chuckwagon Catering. Do not serve hot food until the cooking equipment and ventil- ation system are installed and approved. 2· (12A) Milk shall be served in the individual unopened original container or dispensed from an approved refrigerated bulk milk dispenser. Do not pour from gallon containers. 3· (13A) Immediately maintain all cold potentially hazardous food at or below 40OF. Food in the Silver King refrigerator ranged from 45°F in the lower section, to 50OF in the top section. Discard any food not kept at proper temperature after two hours. 4· (17,20A) Immediately maintain hot potentially hazardous food at 150°F or more. Soup and meat in tomato sauce were at 140OF. Rapidly reheat previously cooked and refrigerated food to 165°F or higher before serving or placing in a hot food storage facility. 3 Ge e (31A1) Provide and maintain an accurate thermometer in a prominent location in the warmest part of each refrigeration and freezer unit. None was found in either of the Silver King refrigerators. The built-in thermometer of the large reach-in refrigerator indicated 40OF, but my thermometer indicated 45OF. (31B) Provide and use stem-type thermometers to monitor food temperatures. The cooking thermometers in current use are not accurate enough to check salad top and steam table temperatures. (32) Thaw all potentially hazardous foods by the following method: in refrigerated units at a temperature not to exceed 40OF or under potable running water of a temperature of 70OF or below, with sufficient water velocity to agitate and float off loose food particles into the overflow. Do not thaw potentially hazardous food at room temperature. Ham and turkey were being thawed improperly. (35A) Provide approved dunnage racks, shelving, pallets, dollies, or similar devices to ensure storage of food 6" above the floor.. All racks shall meet National Sanitation Foundation (NSF) standards. The facility does not have enough storage racks. - (35B) Store all food at least 6" above the floor on approved shelving. Dollies may be used for bulk containers of food. Potatdes, flour, and racks of bread were stored directly on the floor. 10. (35B) Store fo~d in the original 'unopened container or in a tightly closed, approved~ lapeled, food-grade bulk container. Opened sacks of flour and sugar were not so stored. 11. (40A).Protect food from contamination from equipment and utensils such as slicers, cutting boards, carving knives, or similar preparation devices which were not effectively cleaned and sanitized. Wash, rinse, and sanitize slicers and cutting boards at least every two hours. No evidence that any of t~e utensils were being sanitized after cleaning. Baskets used to serve food shall be washed, rinsed, and sanitized between uses. It is not acceptable to reuse them without cleaning. 12' (43) Use sanitized implements, disposable gloves, or properly cleaned hands in the preparation of food. Minimize handling of food and ice. There was no evidence of any employees washing hands prior to working with food. 13' (39,46A) Foodservice personnel shall wash their hands with adequate soap to thoroughly 'lather hands and forearms to the elbows: Before beginning work After eating, drinking, or smoking After using toilet facilities Before handling clean utensils, dishes, or single servic~ items Before handling raw or cooked food which will not receive further heat treatment, or after handling any object that has not been sanitized 4 As often as necessary to keep them clean after becoming soiled After any absence from the work station. Use nailbrush to adequately clean fingernails. 14' ~44A) Store food dispensing utensils properly while in use; i.e.; in the food with the handle extending out of the food; clean and dry; or in a running.water dipper well. 15. (44B) Store ice scoops in the ice bin with handle up or inverted outside the ice bin in a clean place. The scoop was stored on top of the ice machine which was not particularly clean. 16. (48) Employees shall not use tobacco in any form, except in designated smoking areas away from food and utensils, and food storage and handling areBs. 17. (49A,B) Maintain in employment at least one owner or operator involved with the direct operation who has successfully completed a course in the prevention of foodborne illness. Develop and implement an a~proved self-inspection/quality assurance program. Classes will be held by Hennepin County in June which will help you to satisfy this requirement. 18' (5OB) Provide and enforce the use of full aprons or smocks over street clothing. 19' (53) Instruct employees to use proper sanitizing procedures. Provide instructions in basics of sanitizing principles and procedures. 20* (54) Instruct employees in proper food handling procedures. 21' {55) Provide and use approved food-grade utensils and equipment meeting National Sanitation Foundation (NSF) standards. The piece of cardboard covered with foil is unacceptable for use as a cutting board. 22. (55) The Formica covered wood table is not acceptable for use in a commercial kitchen. Replace with an NSF listed stainless steel table. 23* (58) Crimped aluminum steam table pans are single use items. Do not re-use after the original contents, have been removed. Do not return to the supplier, discard. 24* (66B) Utensils and equipment shall be washed in three compartment sink in the followi.ng manner: Thoroughly wash in the first compartment with a hot detergent solution that is kept clean; rinse free of detergent and a- brasives by immersion in clean warm water in the second compartment; sanitize in third compartment in an approved manner; and air dry on a drainboard. ~ 25. (67A) Provide and use a test kit to check the sanitizer concentration in the three compartment sink. 5 26* (70) Provide and maintain an effective concentration of sanitizer for an adequate exposure time in the three compartment sink using one of the following procedures: Immersion in 170°F hot water for 30 seconds --manual operation. Immersion for at least one minute in clean solution containing at least 50 ppm but no more than 200 ppm of available chlorine as a hypo- chlorite and at a temperature of at least 75OF (24oc). Immersion for at least one minute in a clean solution containing at least 12.5 ppm, but not more than 25 ppm, of available iodine and having a pH of not higher than 5.0 and at a temperature of at least 75oF (24oc). Immersion in a clean solution containing any other chemical sanitizing agent approved by the Health Authority that will provide at least the equivalent bactericidal effect of a solution containing 50 ppm of available chlorine as a hypo- chlorite at a temperature of at least 70°F (24°C) for one minute. Quat- n ammonium solution at a minimum temperature of 75OF and a con~en- of 200 ppm. Exposure time is one minute. 27. (74A) Store clean utensils covered or in an inverted position. 28. (74) Cleaned and sanitized utensils and equipment shall be stored at least 6" above the floor in a clean dry location that protects them. from contam- ination by splash, dust, or other means. Do not store pans on the floor. Store on approved shelving. - 29. (75A) Store single service articles at least 6" off the.floor on approved shelving. Cartons of styro cups were stored on the floor. 30* (84) Provide and maintain a supply of soap and single use towels and a nailbrush at all handsinks. There were none supplied at the kitchen handwash~ng sink. 31. (91A) Provide smooth, cleanable, light colored ceiling in the kitchen and the back room. The present ceiling is not acceptable. 32. (92A) Provide light shields or shatter-proof bulbs on lighting located over or within all food preparation o~ cooking areas, serving areas, utensil/equipment cleansing areas, and storage areas. None supplied except over the three compartment sink. 33. (93A) Provide and maintain a ventilation hood in compliance with the state building code, state fire code, and appropriate standards of the National Sanitation Foundation (NSF). Do not use the gas stove for cooking until the hood is installed. TOILET ROOMS AND REAR BEER STORAGE AREA 1' (84B) Provide and maintain single use hand towels at each handsink. were none in the women's toilet room. There ® (9OB) Repair walls in the men's toilet room. There are broken tiles to the left of the door. 3. (9OB) Finish the wood trim around the toilet room aoors to be smooth, non-absorbent, and easily cleanable. 4. (89B) Clean floor and maintain clean in the janitor's closet. ® (88B) Provide tightly closing exterior doors. Provide self-closers on all exterior doors. Install a rodent proof "sweep" at the Dottom of the exterior door to prevent entry of rodents. ' 6. (IOOB) Remove from the premises all articles not necessary to the operation and maintenance of the establishment. (35B) Keep all stored foods covered except during periods of preparation and service. If cases of beer are. to be stored in the back room, provide off-floor storage. Pallets would be acceptable in this area. ENTIRE ESTABLISHMENT * (106) Comply with provisions of Minnesota Clean Indoor Air Act. Post entrance with a sign stating that SMOKING IS PROHIBITED EXCEPT IN DESIG- NATED AREAS. Post SMOKING PERMITTED signs in the areas where smoking is allowed. Provide at least 30% of seating as non-smoking area. 'Remove ashtrays from the tables in the NO SMOKING area. Comply with starred (*) items inmediately. 'All other violations shall be corrected by June 1, 1985. It should be noted that some of these orders have been previously issued. A reinspection will be made on or after June 1, 1985 to verify compliance.. I am enclosing a copy of the information concerning one of the current foodservice training programs sponsored by our department. If you have any questionsj please call me at 935-1544. Sinc~rely~ ~ encl°sure cc: City of Mound JAG/vp Short-Term Interest Rates Will Edge Higher In econd [{al[, C~EDIT By EDWARD P. FOLDESSY And TOM Hr. RMAN Staffl:icporlers of THE WALL ST~,E£T NEW YORK-A more energetic econ- omy will nudge short-term interest rates higher over the next six months but infla- tion will remain subdued, keeping a lid on long-term bond yields. According to a survey of 25 economists by The Wall Street Journal, the economy will gain momentum following its lethargic first-half performance. They say that will spark heavier borrowing by businesses and individuals, putting renewed pressure on the credit markets. On average, the analysts foresee an in- crease 'of only about one-half percentage point in the rate on Treasury bills and other short-term investments by year.end. The survey results call for almost no change in bond yields. But the averages mask a sharp division among analysts about both the economic and interest-rate outlook. For example, 13 of the 25 polled expect bond yields to rise. The average forecast of this group sees a yield of 11.15% on 30-year Treasury bonds at year-end, up from 10.44% last Friday. By contrast, the average forecast of the other 12 analysts calls for a decline to 9.82%. There's less disagreement on short-' term rates. Only six of the analysts expect lower short-term rates, with an average forecast of 6.20% on three-month Treasury bills by year-end, down from 6.$3% Friday. The other 19, on average, see the bill rate climbing to 7.66%. But few economists can be proud of their forecasting record of late. Only six months ago, most analysts polled by The Wall Street Journal predicted strong eco- nomic growth and a spurt in short-term rates for the first half of this year. They were wrong on both counts. The economy struggled through an abysmal first quarter, prompting the Federal Re- serve System to open its credit spigots wide, driving do~.a short-term interest rates to their lowest levels in seven years. Bond yields dropped more than one per- centage point. Everything Went Wrong What went wrong? "Basically every- thing under the sun," laments William C. Melton, vice president and senior econo- mist at IDS Financial Services Inc., Min- neapolis. He had predicted three-month Treasury bills would wind up at midyear at 10.60%-almost four percentage points off the mark. According to Poll ot Economists A Sampling of Interest-Rate Forecasts (In percent) DECEMBER SURVEY NEW FORECASTS 3-MONTH 30-YEAR TREASURY TREASURY BILLS BONDS BILLS BONDS 6/28/85 6/28/85 12/3U$$ - 6/30/86 12/31/85 - 6:30/86 Paul Boltz, T. Rowe Price 9.00 11.75 8.75 9.00 11.75 12.00 Philip Braverman, Briggs Schaedle 8.00 11.00 6.38 7.50 9.88 11.00 Kathleen Cooper, Security Pacific 8.00 11.25 7.25 8.00 10.75 11.25 WiIliam Gibson, RepublicBank 8.80 11.50 8.00 10.00 11.00 11.50 Robert Giordano, Goldman Sachs 8.50 11.50 8.00 8.50 11.50 12.00 Alan Greenspan, Townsend-Greenspan 8.00 11.00 7.50 8.80 11.00 11.40 Richard Hoey, Drexel Burnham 9.25 12.25 8.75 10.50 11.75 12.50 Timothy Ho~vard, Fannie Mae 8.00 11.00 7.50 7.50 10.75 10.50 Lacy Hunt, Carroll McEntee 9.65 13.10 . 8.50 9.70 11.80 12.50 Edward Hyman, Cyrus J. Lav)rence 7.50 10.50 6.50 7.00 9.50 10.00 David Jones, Aubrey G. Lanston 9.00 11.50 6.50 6.00 10.00 9.50 Irwin Keliner, Manufacturers Hanover 8.15 11.00 7.00 8.00 10.00 9.75 Alan Lerner, Bankers Trust Co. 8.25 11.65 7.65 8.50 10.75 11.25 Mickey D. Levy, Fidelity Bank N.A. N.A. 8.00 7.60 11.30 10.80 Bernard Markstein III, Chase Econometrics 8.80 11.50 7.85 7.90 10.85 10.90 William Melton, IDS 10.60 12.60 6.30 6.30 9.75 9.40 Arnold X. Moskowitz, Dean Witter 10.20 13.25 6.00 6.50 9.10 9.50 David Resler, First Chicago 8.50 11.75 7.00 6.25 10.25 9.90 Norman Robertson, Mellon Bank 8.40 11.90 7.30 7.80 10.30 10.80 Francis Schott, Equitable'Life 8.00 12.00 7.15 8.00 10.25 10.50 A. Gary Shilling, Shilling & Co. 6.50 10.00 5.50 5.50 8.50 8.00 Alle.n Sinai, Shearson Lehman 9.25 12.25 7.15 7.50 10.25 10.60 Thomas Thomson, Crocker National N.A. N.A. 7.50 8.25 11.00. 11.50 John Wilson, Bank of America 7.50 11.00 7.65 7.75 10.75 10.25 David Wyss, Data Resources 7.30 10.60 7.0.0 6.70 10.00 9.60 Average 8.48 11.56 7.31 7.80 10.51 10.68 Closing rates, June 28, 1985 6.83 10.44 N.A. = Not available; economists weren't polled in Mr. Melton and many others say they underestimated the U.S. dollar's strength against other major currencies, which in- tensified foreign competition at the ex- pense of the U.S. economy. Furth.ermore, Mr. Melton was surprised by sweeping changes in investor attitudes about infla- tion and about the possibility of si~ificant budget-cutting moves by the federal gov- ernment. last December's sur~'ey, published Jan. 2 "Psychology is tough to predict," Mr. Melton said, adding that he feels a bit like the Ancient Mariner of Samuel Coleridge's poem: "A sadder and a ~qser man." Arnolfl X. Moskowitz, senior vice presi- dent and economist at Dean Witter Rey- nolds Inc., also was badly fooled. He ex- pected the yield on 30-year Treasury bonds to surge to 13.25% by last Friday-almost three percentage points higher than it turned out. What has he learned? When you forecast, "do it ~qth great humility," he replies. /25'2 A Few Contrarians Come Close Once again, a tiny handful of con- trarians came remarkably close in their forecasts. For example, A. Gary Shilling, who heads a consulting firm bearing his name, predicted last December that the rate on Treasury bills would be 6.5% by midyear, only a shade lower than the rate turned out. The closest bond forecast came from Edward S. Hyman Jr., senior vice presi- dent of Cyrus J. Lawrence Inc. His predic- tion was for a yield of 10.5% on the Trea- sury's 30.year bond, a mere 6/100 percent- age point above Friday's close. Mr. Hy- man also was closest in his interest-rate forecasts in a Wall Street Journal survey published July 2, 1984. David A. Wyss, vice president and chief financial economist at Data Resources Inc., was a close second in the December survey, with a bond yield forecast of 10.6% and a bill rate forecast of 7.3%. "There are so many things that can go wrong with anyone's forecasts that luck has to play a , part," he said. Mr. Wyss contends the economy will grow sluggishly during the next 12 months, permitting bond yields to decline further. He predicts the yield on 30-year Treasury bonds will fall to 10'7o by year-end and to 9.6% by the middle of next year. A major assumption in his outlook: Congress will slash the federal budget deficit by about $50 billion for the fiscal year beginning Oct. 1. A large budget cut not only would re- duce the federal government's 'massive borrowing needs but also would encourage the Federal Reserve to continue to foster Short-Term Interest Rates (Weekly average) .................. ,~:~ Federal Funds ' - 3-Month Treasury Bills -- 3-Month Commercial Paper 10% 3}:. ,f "~ '~ .... , :-, ~:'.!.:f: . .! F M A M J t .q~, rc~: Fr,b,rn I Rest; Ba ~k 4 New }brk easy credit conditions, many analysts say. 'Change in the Inflationary Climate' Fed officials have plenty of room to push interest rates lower without rekin- dling inflation, argues Mr. Shilling of Shil- ling & Co. There has been a "definitive change in the inflationary climate, and therefore there will be a long-term down- ward trend to interest rates," he contends. His prediction of a 5.5% rate on three- month Treasury bills is the lowest estimate in the survey. He warns that the economy may be close to a recession. Others disagree. "Every indicator sug- gests the economy is headed for a fairiy aggressive pickup," says John O. Wilson, senior vice president and chief economist of Bank of America, San Francisco. He ex- pects rates to edge higher over the next six months. Alan C. Lerner, a senior vice pres- ident at Bankers Trust Co., also foresees higher rates. But he is a little uneasy about this forecast because so many other ex- perts are saying the same thing. "I'm much more uncomfortable when I'm in the consensus than outside it," he says. Richard B. Hoey, chief economist at Drexel Burnham Lambert Inc., contends that the' Federal Reserve's "aggressive easing" in recent months will result in faster economic growth over the next sev- eral quarters. He estimates that the gross national product, adjusted for inflation, will expand at a 4% to 5% annual rate in the second half of the year, and a 3.5% rate in the first half of 1986. The economy limpod along at an 0.3% rate in the first three months, after adjust- ing for inflation. The Commerce Depart- ment recently estimated second-quarter growth at 3.1%. ' Mr. Hoey also expects "a substantial ustained decline" in the dollar next year. That, he argued, would boost inflation by making imported goods more expensive and will discourage many foreigners ~ ~n purchasing U.S. government seem The combination will drive up the yielu on 30.year bonds about two percentage points by the middle of next year, he predicted. A weaker dollar would bolster the na- tion's battered manufacturing industries by reducing foreign competitive pressures. The s!uxnp in the industrial sector of the economy has been one of the major rea- sons cited by the Fed for its forceful ac- tions to drive interest rates down in recent months. · Friday's Activity In the credit markets Friday, bond prices surged. The Treasury's 11'~% bonds due 2015 closed at 107 11/32, up from 106~i Thursday. That cut the yield to 10.44% from 10.55%. At the end of last year, 30- year government bonds were yielding about 11~6%. The government's 11'4% notes due May 1995 rose Friday to 106 17/32 from 105~, reducing the yield to 10.19% from 10.38%. Long-ferm bonds have produced spar- kling returns over the past six months. A Merrill Lynch Capital Markets index of long-term Treasury bonds shows a total · return of about 14% for the period, says Didi Weinblatt, a vice president. That in- cludes interest income plus price change. Another Merrill Lynch index of long-* ' corporate bends shows a total retm about 13% for the period, according to Carol Havdala, a Merrill Lynch analyst. The Treasury's 20-year bond offered an especially attractive return. An index com- piled by Ryan Financial Strategy Group shows a 16.85% total return on the 20-year bond for the 1985 first half, compared with a 14.65% return on the 30-year Treasury bond, according to Sharmin Mossavar- · Rahmani, Ryan's research director. Among short-term securities, the latest three-month Treasury bill closed at 6.83% bid, down from 6.90% Thursday. That is down from 7.84% at the end of 19S4. The bid on the latest six-month bill fell to 6.96% Friday from ?.05% Thursday. Bond Yields AA-rated · ~ Long-term .. ~ o- Treasurys F M A M J '85 Source: Merrill L~*eh Se,'~rities Research Supreme Court Puts Off Zortirt For 'zlnother Day,' Caudng Confusi°rt By STEPHEN WEI~IIEL Staff Reporter of T~IE W~,t,t, ~r~EET JOO'P. NAI, WASHINGTON-T~e ~preme CouP's failure for ~e third fin~ in five yearn to resolve, an im~t zoning ~d l~d-de- velopment issue leaves state and f~er~ cou~ in considercble con.ion. The i~ue is whether a landowner whose planned ~e of his prope~y is bl~k~ by zoning re~lation changes can sue ~e city or county for d~ages for "t~ng~ ~e pro~y. The Supreme Cou~ F~day ~rew out ~ award of ~350,~ in d~ages that a fed- er~ appeals cou~ ordered ~e Willi~son Co~ty planning board in N~h~lle, Tenn., to pay to H~ilton Bank of Johnson ~ty, develo~r of a planned residenti~ suburb call~ Temple ~lls ~tW Club Es- tates. ~ile failing to resolve the i~ue, ~e high cou~ sent a strong message that land- o~mers who are thinking of suing l~al offi- cials ii~t m~t go to extraordinaw len~hs to change zoning ordinances, obtain val- ances or use established state procures for obtaining compensation for their prop- egy. ~wsui~ filed ~fore these steps are taken should be treated ~ "premature" by state and federal couP, ~e j~tices said. But the high cou~ "ldt for ~other day" the question of what a judge should do when faced ~qth a c~e in which a land- o~mer h~ taken the nece~aw steps. The issue is of major im~ance to fed- eral, state and l~al officials, to land- o~em and to developem ~roughout the co~tw. The FiRh ~en~ent prohibi~ governments from t~ing p~vate prope~y "without just compensation." ;~en a gov- ernment actually seizes a pemon's land, to build a highway, expand a park or con- st~ct a new b~lding, ~e l~do~er m~t ~ paid. Courts in Conflict But state and federal courts are in con- flict about whether zoning can have the same effect as a seizure of property, re- quiring payment by local governments. Courts are reluctant to assess damages for injuries caused by valid regulations, but zoning lawsuits have led to some large awards and settlements. The issue "is now just utterly and to- tally confused," says Gideon Kanner, a professor at Loyola Law School in Los An- geles who has followed the issue closely and who has represented developers. The Supreme Court first tackled the is- sue in 1980 in a lawsuit against Tiburon, Calif., but the high court's opinion was in- conclusive. In 1981, a second Supreme Court tussle with the issue, in a lawsuit against San Diego, was dismissed for pro- cedurai reasons similar to those in the Tennessee decision. In the Tennessee case, the developers say a zoning change in 1979 has made it · impossible for them to develop the prop- erty. The appeals court in Cincinnati ~ awarded damages. But the Supreme Court, in a decision written by Justice Harry Blackmun, Did the developers should first have applied for a variance or appealed to a state panel that awards compensation for property taken by the government. , "Why do th,e,y take these cases?" asks! ' Prof. Kanner. This is the third time in a i row." Five justices suggested in 1981 that they would favor awarding damages if the right case ever came along. One of the five, Jus- tice Potter Stewart, has retired. He was re- placed by Justice Sandra O'Connor, who hasn't expressed her views. One result of the confusion created over this issue is the fact that in California, the state courts don't permit damage lawsuits for the effects of zoning, and the federal courts do. The vote in the case was 7-1. Justic~ Byron White wrote a two-line dissent ob- jecting to the court's refusai to resolve the damages issue. Justice Le~qs Powell didn't take part in the case. / To: From: Date: Mayors, Managers, and Clerks Donald A. Slater, Executive Director June 28, 1985 RE: TAX REFORM PROPOSAL - ELIMINATION OF TAX-EXEMPT MUNICIPAL BONDS The purpose of this Action Alert is to provide you with information regarding the federal tax reform proposals and their potential impact on Minnesota cities which have utilized tax-exempt municipal bonds for a variety of local development activities. The second, and more important purpose is to urge you to contact members of the Minnesota delegation during the July 4th Congressional recess. As you are no doubt aware, the President's tax reform program contains several proposals which will affect state and local governments. While the issue of tax deductibility has received much comment, the real threat to local government may come from the treasury proposal that would remove tax exemption from municipal bonds if more than one percent of the proceeds are used "by any person other than a state or local government." The treasury proposal would thus bar tax-exempt status to bonds which involve some form of private participation. These are the bonds used to finance vital public needs such as pollution control and waste management systems, low and moderate income housing, not-for-profit health care facilities, utilities, transportation facilities, and many other services. Last year state and local governments issued $65.5 billion in these types of bonds, representing about 80 percent of all bonds issued. Local government bond counsels also warn that the "One Percent Rule" could jeopardize even general obligation bonds. Many of the bonds involve the indirect use of facilities by a private developer, which could make them subject to the restriction, resulting in the loss of tax-exempt status. In Minnesota, the tax-exempt bonds associated with tax increment financing projects could also be affected. It is estimated that the loss of the tax exemption would increase the costs of financing local services and facilities by 25 to 35 percent. To cope with the increased costs, local governments would be forced to raise taxes and user fees or curtail projects and services. Public utilities, pollution control facilities, and low and moderate income housing appear to be the types of projects which would suffer the greatest losses as a result of the proposed restriction. OVER Under the current administration's policy of "renewed federalism", state and local governments have been faced with federal cutbacks of almost $60 billion since 1981, with another $13.5 billion in cuts projected for fiscal 1986. During this same period federal support of city programs will have declined by 80 percent. Local governments are now being confronted with a federal proposal which could force them to spend 25 to 35 percent more in borrowing costs to undertake much needed projects and services. In recent years, Minnesota has been a substantial user of tax-exempt bonds to promote economic development through public-private partnerships. Many cities have relied on tax increment financing as a means of encouraging development; again utilizing tax-exempt bonds. Issuance of tax-exempt bonds by t.he Minnesota Housing Finance Agency and local governments has facilitated a greatly increased supply of low and moderate income housing opportunities throughout the state. In the past year, however, Minnesota was confronted with federal legislation which restricted state and local governments' authority to issue industrial development bonds, thereby limiting the availability of a development tool heavily utilized by Minnesota cities in previous years. Further loss of tax-exempt financing authority, particularly in light of rapidly declining federal assistance to local governments, could prove devastating to Minnesota cities. Considering the impact that the federal tax proposals could have on you~ city, you are urged to contact the Congressional delegation while they are in their home districts for the Fourth of July recess. Representative Frenzel is a member of the House ~ays and Means Committee and Senator Durenberger serves on the Senate Finance Committee; both committees will be considering the tax proposals after the recess. It is particularly important that you provide the Senators and Representatives with specific examples of local projects and capital improvements which might be negatively affected by the "One Percent Rule." Let the Congressional delegation know that further restriction of tax-exempt financing will make it difficult for Minnesota cities to provide needed services while holding down costs. Finally, emphasize that the proposal to eliminate tax exemption on municipal bonds will not improve the fairness of the tax system; rather it will simply shift a fiscal burden to state and local governments and to taxpayers. If you have any questions or would like further information, please feel free to contact the League offices. It would also be appreciated if you would send us copies of~any letters and project examples which you provide to the Senators and Representatives. PUBLIC · FINANCIAL SYSTEMS The UN-Official Statement ¥olu~ 2, Number 2 June 1985 I~S ON ~ MOrEl Since March 1st Public Flnanclal Systems has occupled new office quarters In the recently renovated Renaissance Square building, located on the Nlcollet Mall in Minneapolis. The new address Is: Pubi lc Financial .Systems 512 Nlcol let Nal I Su Ire 550 Nlnn~apol is, MN. 55402 '~.... ii The move to larger offices was necessary to accommodate a rapidly lncreaslng staff and to provlde additional room for computer and library facllltles. Since It's beginning In 1981 Publlc Flnanclal Systems has filled a gap In the publ lc market place by serving as a comprehensive flnanclal management resource to local governments. From the beginning our approach has been received by a growlng number of clients, thereby dlctatlng the move to larger off Ices. You are Invited to stop by Public Flnanclal Systems to vlslt, and to view the new offices. An open house Is being planned for the near future. JAIL F INAI~I~: CI"IALLEIN~ES AI~ ~TUNITIES The flnancing of a jail facility Is one of the most challenging tasks faced by county government In the 1980's. Ordered by. federal and state legislation to make Improvements, county offlclals are hard pressed to meet these requirements with dwindling financial resources. Moreover, publ lc support Is often lacking for slgnlflcant expenditures required to flnance jall Improvements. The county offlcl~ Is frequently left In the posltlon of flnanclng a project that the general publlc seldom uses, with dollars that could be spent on projects that enjoy much broader public support. Until recently, counties had to rely on general obllgatlon bonds to flnance jail Improvements. While the use of general obligation bonds Is widely accepted, the legal requirement to hold a referendum makes the Issuance process very uncer- taln, time consuming, and expensive. Lease-revenue Is an alternative tool that does not require a referendum. While thls method may take several forms, It essentially Involves another unit of government or non-profit corporation to serve as the Issuer of bonds for the construction of the jail. The county then leases the faclllty from this organlzatlon, making lease payments to retire the debt. (Please sea ~JAILS", Psge 2) r.J~iLS" (Fro~ Page 1) ST ~NT-F ~DITION With the assistance of Public Flnanclal Systems, Stearns County and the City of St. Cloud, recently demonstrated ~e potential for lease-revenue flnanc- ~g. The County wi I I construct a i1,000 square foot building that will house both City and County law enforce- ment facilities including a 96 bed detention area. Under the lease agreement between the City and the County, the City 'of St. Cloud Issued $15.8 million of lease revenue bonds, and Stearns County will lease the facility from the City until the bonds have been retired. The County gains full control of the jail facilities upon -~the repayment of the bonds. St. Cloud and Stearns County proved lease-revenue financing to be an effective tool for the financing of a jail facility. The County undertook project financing without the time, expense, and uncertainty, of a referen- dum. In a comparative situation, Isanti County Issued general obllgatlon ~onds for a jail facility a day before Cloud. Both issues were rated "A", yet with lease-revenue financing, St. Cloud real ized a s.l. lghtly lower Interest rate. While this does not mean all lease-revenue financings will secure a lower interest rate, It does indlcat~ that the financial markets favorably view this method of jail financing. Regardless of the flnanclng technique selected for your project, Publlc Flnanclal Systems can play an Instru- mental role in answering the crucial questions surrounding jail flnanclng. Our qualifications to assist your organlzatlon are unmatched. PFS has an Impressive record of experience and Innovative~jall financings that meet the speclflc needs of our clients. We are currently assisting several counties with jail financing projects that Involve all types of design options and financing methods. Public Financial Systems serves as an Ideal resource to any county considering the construction of a jail faclllty. Publlc Financial Systems Is pleased to announce the additlon of Mr. Greg Anderson to our staff. Mr. Anderson joined our staff in February, 1985 an~ wlll assist in providing cllents wit technical services. He Is a native of Eau Claire, Wisconsin and presently resides In St. paul. Mr. Anderson brings to PFS a broad background of financial planning and administrative experience from both the publ lc and private sector. After completing his undergraduate education at Eau Claire, Mr. Anderson served as a financial analyst with ~he finance division of International Telephone and Telegraph. While there, he developed and analyzed corporate planning projections, and monitored company profit and loss balances. Mr. Anderson is I lcensed In Minnesota as a member of the Investment banking Industry, and is experienced in the operation of capital markets and municipal bond Issues. In the publlc sector, Mr. Anderson has over four years of county government~, experience as a program director wit~-) Ramsey County (Minnesota). Wlth both his public and private sector experi- ence Mr. Anderson Is amply quali- fied to provide client services In all areas of publlc finance. While Mr. Anderson has a broad back- ground In finance his areas of expertise at PFS are In leasing, housing and economic development, and advanced refunding. In addition, his experience wlth computers and data analysls give him additional capabllltles In struc- turing financing plans, analyzing project feasibll Ity, and advlslng clients on the Investment of public mon I es. Mr. Anderson holds a Bachelor of Arts Degree (wlth honors) from the University of Wisconsin (Eau Claire) in Business Administration with an emphasis In finance. He Is currently completing requirements for a Masters Degree In Business Administration from the Colleg~ of St. Thomas In St. Paul, Minnesota.'~' -2- LI.I J .,~ ~II II II ~ I1~ 0 ~ M~O MOM ~ll ~11 I I --~11 II II II ~11 -- II ~ I1000000000000~00 ~110000~00000~00~ II '-- '-- II II II II 0 i,~ II N "r II I-- ~ I--- II <0~-. II F'~ rr~ 0 II ~_Z II II ~ II ~ II 0 II ~ II N II ~ II II II II II # II II # # # II II II II II II # ,,,, ~ ~ ~ ~ "~~8g<<×~~oo= < ~ II 0000000000 0000000000 --~ ~mO --0~ oooomo0o~o ! I I I I I 0000000000000000000 0000000000000000000 0000000000000000000 0 0 o ~oo=oo8~oo<oo° f,,'l-tt~T DOF],_S TIE'_ Flfll..P~ RATI rating of bond Issues has always been a sensitive topic for local and state governments. Local offlclals may not agree with the rating assigned thelr governmental body, disagreeing with either the economlc and/or flnanclal variables considered by the rating agencies. Moreover, bond ratings directly determine the cost of borrowing needed capital to finance local Improve- ment or economic development projects, and they also serve as an lndlcator of the government's credit worthiness and over-all financial status. The economlc recession conditions of the early 1980's resulted In a number of governmental bond ratings to be lowered. In recent months, however, actlons take by the rating agency of Standard and Pcxars (S&P) lndl- cares that this trend may be changlng. ccordlng to Standard and Poors, lng changes for cities, counties, and rates realized a positive trend In 1984. S&P upgraded more local and state government Issuers durl~g 1984 than were downgraded. This reverses a 1983 trend where downgrades outnumbered upgrades. Connecticut and Massachusetts, however, were the only two states upgraded In 1984. Other categories of tax-exempt Issuers, however dld not fare as well as state and local governments. In 1984, more hospital, unlverslty, and utilities were downgraded than upgraded. Wastewater systems were predominant among the tax-exempt utilities that were down- graded. PUBLIC · FINANCIAL SYSTEMS 512 NICOLLET MALL, SUITE 550 MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 333-9177 I l~m~.~r RATES: A TALE OF 0 In 'l-ho shor'l'-run, Interest rates should be very favorable. In mld-gay, major banks across the country lowered their prime lending rate to 10.0% At the same time, the Federal Reserve dropped Its discount rate to 7.5%. These actions represent the lowest levels for both the prlme and the discount rate during this decade. This trend should be reinforced by a growing sentiment that Congress will take positive steps to trim the federal budget def lclt. In the long-run, Interest rates may not reach these levels again In the next year. A recent report publlshed by Citicorp Indicates that a major decline In lnt~rest rates Is not expected in the near future. It predlcts that high-grade municipal debt should realize average annual yields of 9.06% In 1985, 9.38% In 1986, 8.5% In 1987, 8.23% in 1988, 9.2% In 1989, and 9.93% I n 1990. (7~ In thelr quarterly analysis, the Cltlcorp study also Indlcates that long-term debt for 1984 exceeded the prevlous year by $33 bllllon. It is expected to Increase another $37.3 billion, or by 11% In 1985. State and local government long-term debt Is also expected to skyrocket In 1986, Increasing by $49.6 billion before stabilizing to annual Increases of $40 billion and $44 billion In 1987 and 1988. The projected jump In long-term debt Issued for 1986 to 1988 Is linked to projectlons of state and local govern- ment operating deficits. It Is antici- pated that these deficits will be caused principally by a recession during late 1986 and 1987. State and local govern- ments currently expect a $9 bllllon surplus for 1985. They are however, projected to record a $3 billion deflclt In 1987. Citicorp anticlpate'~'~ these shortages wll I be met with~'' Increased taxes. ;00 Metro Square Bldg., St. Paul, MN 55101 3eneral Office Telephone (612).291-6359 REVIEW 14S, FR&N CLARK CLERK CITY OF HOUNO ...................... A,' Metropolitan Council Bulletin for Community Leade~ .... 5':~ -'I~A-~wO'Z]O RD ~or more information on items in this publication, call I HOUND MN 55360t June 14, 1985 RECENT COUNCl L ACTIONS (May 27-June 14} Solid Waste--The Council approved a request by Woodlake Sanitary Services. to add 5,644 acre-feet of capacity to the Flying Cloud landfill in Eden Prairie. The Council imposed several conditions upon the landfill owners to minimize adverse impacts on the environmenT. I--ne conditions-include installing nearby wells to monitor possible contamination of the groundwater and covering ex- posed parts of the expansion to reduce leakage of precipitation into the trash. The permit provides for placing unprocessed trash on the existing landfill area only ur~til March 15, 1986. After that, only residuals from processed trash may be placed in the current landfill area. Unprocessed trash is to be placed .in a new area to be protected with a clay base. The landfill is to be closed Jan. 1,1996. The Council also asked Woodlake Sanitary Services to negotiate with nearby affected households to establish arrange- merits to' compensate for any damage to property values re- suiting from the-expansiom -Th, e Minnesota Pollution Control Agency and Eden Prairie must also approve the expansion. The expansion would greatly reduce the need to site new landfills in other parts of the Metropolitan Area. · In another solid was.te action, the Council approved a permit application by Northern States Power Co. to build and operate a 1,000-ton-per-day trash processing facility in Newport. Most Ramsay and Washington County trash will be processed at the plant to remove recyclables and produce refuse-derived fuel. The permit imposes certain conditions on NSP, including evaluating the feasibility of co-composting trash with sewage sludge and establishing a contingency plan for handling trash during a plant shutdown or flood. Construction of the $31 million plant is expected to begin in July and be completed in 1987. In a third solid waste action, the Council approved a "scoping" document for the Hennepin County resource . recovery project, a proposed 1,000-ton-per-day trash ' incineration or refuse-derived fuel plant and system of four waste transfer stations. The county plans to build the plant at the old Greyhound bus garage in downtown Minneapolis. The document sets the scope of an environmental impact statement (ELS). An ElS reviews the economic, sociological and environmental effects of the project. The Council is ex- pected to determine the adequacy of the EIS early next year. Health-The Council adopted a report from its Metropolitan Health Planning Board, Prescription for Health: Promoting /Yea/th and Preventing Disease in the Twin Cities Metropolitan Area. The report identifies nine priority health risks in the Metropolitan Area and recommends policy and strategies for reducing risks. Sewage Treatment-The Council amended the Metropolitan Waste Control Commission's 1985 capital budget by adding S926,840 to complete eight separate sewage treatment projects at plants in Anoka, Savage and St. Paul. The amendment requires no change in the approved 1985 budget total. / 2~ Housing--The Council decided to participate in a joint effort with the Association of Metropolitan Municipalities to recognize outstanding affordable housing achievements of Metropolitan Area communities. Awards will be presented at a housing conference in October. In another housing action, the Council said a housing revenue bond plan submitted by the Washington Councy Housing and Redevelopmenl: Authority for Stillwater is consistent with regional housing guidelines. The county proposes to issue 5'750,000 in tax~xempt bonds to finance the rehabilitation of 38 rental units at 1203 and 1207 N. Owens St. The Council suggested the county ensure that for the first 10 years at leas"c 20 percent of the units are occupied by households with Iow or moderate incomes. Metrodome-The Council approved a 1985 capital budget of $445,000 for the Metropolitan Sports Facilities Commission. The funds will be used to purchase equipment, including improved lighting for baseball and other sports. Office Computers-The Council approved the purchase of $1.1 million in new computer equipment to improve its data Processing capability. NEW APPOINTMENTS The Council appointed Joan D. Lonsbury, Edina', to the Metropolitan Parks and Open Space Commission. She represents Council District F, which includes St. Louis Park, Golden Valley, Robbinsdale, Edina, Richfield and Bloomington. The Council also appointed Arthur L. Cunningham, Crystal, 1:o the Metropolitan Waste Control Commission. He represents Council District D, which includes north and northeast Minneapolis, Crystal, New Hope, Brooklyn Center, Brooklyn Park and Osseo. PUBLIC HEARINGS, PUBLIC MEETINGS Water Resources-The Council will hold a pair of public meetings this month on issues surrounding the protection of the region's lakes, rivers and groundwater supplies, The meetings are to obtain public comment on the addition of Part 3 to the Council's Metr~po//tan Deve/oprnent Gu/de chapter on water resources. For a copy of an issues paper, the main subject of the meetings, call the Commuflications Department at 291. The meetings will be as follows: -June 24, 1:30 to 3:30 p.m., County Board Chambers, Carver County Courthouse, 600 E. 4th S~., Chaska; and -June 25, 9:30 to 11:30 a.m., Metropolitan Council C~5ambers. The Council plans to hold a public hearin~ on a draft plan next October. If you plan to attend one of the June meetir register with Lucy Thompson at 291-6521. If.you have questions about the plan or the issues paper, call Council planner Gary Oberts, at 291-6484. Combined Sewer Overflow-The Council will hold a public hearing July 8 at 5 p.m. in the Council Chambers to hear comments on proposed amendments to its Water Resources Management Development Gu/de. The amendments outline an accelerated schedule for implementing a solution to the region's combined sewer overflow problem. For a copy of the public hearing draft, call 291-6464. For more information, call Charles Ballentine, Council planner, at 291-6381. )mental Disabilities--The Council will hold a public July 11 at 1:30 p.m. in the Council Chambers on a proposed interim developmental disabilities policy plan, The plan is par~ of the Metropo//tan Development Gu/de Health chapter. It recommends policies and strategies for improving the status of persons who are developmentally disabled and for improving the service system to better meet consumer needs. You can register to speak at the hearing by calling Merge Segell at 291-6363. If you have questions about the plan, call Toni Lippert at 291-6364. For a free copy of the plan, call the C~mmunications Department at 291-6464. Parks and Open Space--The Council will hold a public hearing July ~15, at 4 p.m., on a request by the Hennepin County Park Reserve District to amend the 1983-1984 recreation open space capital improvement program. The district seeks to transfer $75,000 originally allocated for water quality study and improvements at Fish, Eagle and Medicine Lakes to be used instead for water quality improvements at Lake Rebecca Park Reserve and Cleary Lake Regional Park. if you have questions, call Council parks planner Jack Mauritz at 291-6602. Sludge Ash--The Council will hold a public meeting July 17, at 7 p.m., in the Council offices to discuss an envrionmental assessment worksheet (EAW) on placing sludge ash on the old Pig's Eye landfill in St. Paul. The site would be revegetated for use as par1; of Battle Creek Regional Park. The project is proposed to empty four sewage sludge ash basins next to the Me~opolitan Wastewater Treatment Plant in St. Paul. p e~asor a free copy of the EAW, call the Communications rtment at 291-6464. If you wish to speak at the meeting, e register with Lucy Thompson at 291-6521. If you have questions, call Council planner Jack Frost. at 291-6519. GARDEBRING TO MEET WITH LOCAL OFFICIALS Metropolitan Council Chair Sandra Gardebring has scheduled a series of regional breakfast meetings with local officials in each of the seven counties plus Minneapolis and St. Paul. The meetings are an opportuniw to discuss the priorities the Council has decided to focus on in 1986. The remaining "Dutch trest" meetings, beginning at 7:30 a.m., will be as follows: Dakota County, June 24-Jimmy's, 14990 Glazier Av., (County Rd. 42 and Cedar Av.), Apple Valley. Hennepin County, June 25-Copper Kettle, 225 Central Av., Osseo. Anoka County, June 27 -Dolphin C~fe, 17646 NE. Hwy. 65, Ham Lake. Minneapolis and St. Paul, July 1 -University Radisson, 615 Washington Av. SE., Minneapolis. Washington County, July 2-White Hat Restaurant, 11011 Stillwater Blvd., Lake Elmo. People who wish to attend a meeting may sign up by calling Rosemarie Johnson at the Metropolitan Council, 291-6391. LOCAL ZONING, REGIONAL PLANNING ISSUES TOPIC OF PLANNERS' FORUM H/cations of new state legislation that zoning ordinances p-~vail over regional comprehensive plans will be the topic of a planners' forum Thursday, June 27. The forum for local officials and planners, "The Zoning/Comprehensive Planning Consistency Issue: Local Experiences and Local Perspectives," will be held from 9 to 11:30 a.m. in the Council Chambers. Assistant Staff Counsel Koran Schaffer will discuss legal issues surrounding the new law. She will be followed by representatives from Blaine, Bloomington, Coon Rapids and Mounds View. They will discuss the zoning-planning issue in their cities and their response to the new legislation. If you plan to a~tend, please call the Council's Lucy Thompson at 291-6521. COUNCIL SEEKS PROPOSALS FOR ElS ON HENNEPIN COUNTY RESOURCE RECOVERY PROJECT The Metropolitan Council is seeking proposals to prepare an environmental impact statement on the Hennepin County resource recovery project. The county proposes to buird an incinerator or refuse-derived fuel plant in Minneapolis that would recover steam and electric energy from 1,000 tons-per-day of solid waste. The project, to include construction of four waste transfer stations, is expected to be in.operation by 1990. Proposals are due at the Council by 3 p.m., July 10. Small businesses and those owned and operated by minorities or women are encouraged to submit proposals. Copies of the request for proposals may be obtained from Paul Smith, Council planner, at 291-6408. COMING MEETINGS (June 24-July 3) (Meet/ngs are tentat/ve. 7'0 var~fy', ca//291-E464.] Metropolitan Parks and Open Space Commission, Monday, June 24, 4 p.m., Council Chambers. Metropolitan Systems Committee, Monday, June 24, 4 p.m., Conference Room E. Metropolitan Waste Management Committee, Tuesday, June 25, 2 p.m., Council Chambers. Rural Issues Task Force, Wednesday, June 26, 9 a.m., Conference Room A. Metropolitan Housing and Redevelopment Authority Advisory Committee, Wednesday, June 26, 9 a.m., Council Chambers. Metro Subcabinet of Governor's Cabinet (chaired by Sandra Gardebring), Wednesday, June 26, 6 p.m., Metrodome. Metropolitan and Community Development Committee, Thursday, June 27, 1:30 p.m., Council Chambers. Metropolitan Council, Thursday, June 27, 4 p.m., Council Chain bars. Advisory Committee on Aging, Friday, June 28, 9 a.m., Council Chambers. Min. ority Issues Advisory Commit-tee, orientation session, from 3 p.m., Monday, July 1, to end of Tuesday, July 2, Spring Hill Conference Center, Wayzata. Regional Transit Board, Monday, July 1,4:30 p.m., Council Chambers. Minority Issues Advisory Committee, Tuesday, July 2, 4 p.m., Council Chambers. Technical Advisory Committee (of the Transportation Advisory Board), Wednesday, July 3, 9 a.m., Council Chambers. Environmental Resources Committee, Wednesday, July 3, 4 p.m., Conference Room E. Chair's Advisory Committee, Wednesday, July 3, 7:30 p.m., Council Chambers.