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85-11-12
CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, NOVEMBER 12, 1985 COUNCIL CHAMBERS G Approve Minutes of October 22, 1985, Regular Meeting · PUBLIC HEARING; Vacation of Part of Church Road (formerly known as School Street) . PUBLIC HEARING: Proposed Amendment to Program Year X - CDBG Funds - Reallocating ¢~L~~~~ $3,962. for Suburban Community Services and $1,000. for Westonka Intervention Pg. 2984-2992 Pg. 2993-2997 iscussion on Violation of Grading and Land Reclamation Permit - Anthony VanDersteeg, 1861 Commerce Blvd. Pg., 3003-3015 5. Discussion on Letter from Brian M. Johnson, 4445 Man- chester Regarding the Delay of the Tuxedo Blvd. Safety Improvement Pg. 3016 ' rroposal for Preparation for Referendum Pg. 3017-.3018 7. Comments & Suggestions from Citizens Present · n o u 9. Decision on Paying Voluntary Assessment for Special ~v~/ League of Minnesota Cities/NAHRO Tax Increment Finance .%~v~.~ Study and Lobbying Effort Pg. 3020-3026 ~.10. Set Date for Public Hearing on Proposed Amendment to ~ ~ Zoning Map - Suggested Date: December 10, 1985 Pg. 3027 11.~ Set Date of Bids to be Opened for New Dump Truck /fg~.~L'l~) (funds approved in 1986 Budget) ~i ~j12. Formal Adoption of Employment Contract with Ed Shukle 13. Application for Bingo Permit - Mound Fire Dept. Aux. ,j~,~i~for November 19, 1985 Pg. 3039 14. Letter from the Suburban Rate Authority asking for the City's money support in their intervention in the NSP ~uz~- Rate Case ($464.00) Pg. 3040-3041 Pg. 3028 Pg. 3029-3038 Page 2982 15. Adoption of Certi£_icate of Appreciation for Herman ,,Buzz,, Kraft to be put on placque and presented to him at his retirement dinner December 7, 1985. ~~6. Appointment of John Norman as City Treasurer 17. Payment of Bills ~~18. INFORMATION/MISCELLANEOUS Pg. 3042 Pg. 3043-3053 As Letter from MTC regarding bus service to the County Roads 110 and 44 area. Pg. 3054-3057 B. Article on FLSA Pg. 3058 Ce LMCD Ordinance that was passed regarding number of watercraft allowed at any dock. Pg. 3059-3060 De Letter from the State of Minnesota regarding the use of building permit surcharge rebates Pg. 3061-3062 Ee Hydrologic Data Report from the Minnehaha Creek Watershed District Pg. 3063-3066 Fe Letter from Met Council on their conducting a comprehensive review of Lake Minnetonk~ surface use and management, including public access needs Pg. 3067-3069 Article on Comparable Worth from the National League of Cities Newpaper Pg. 3070-3071 H. Special Report on Hennepin County Solid Waste Disposal & Recovery I. Article on Rampagin~Insurance Rates J. Article on Phone Rates from Wall Street Journal Pg. 3072-3073 Pg. 3074-3077 Pg. 3078-3079 K. Proposed Revised Rules - Minnehaha Creek Watershed Pg. 3080-3113 Letter from Gen Olson regarding proposed rule changes involving fee increases Pg. 3114-3124 M. November Calendar Pg. 3125 Page 2983 MINUTES REGULAR COUNCIL MEETING OCTOBER 22, 198~ October 22, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on October 22, 1985, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Steve Smith, Russ Peterson. Also present were: Acting City Manager Fran Clark, City Planner Mark Koegler, City Attorney Curt Pearson, Acting City Clerk Linda Strong, Building Inspector Jan Bertrand, Public Works Superintendent Geno Hoff, Public Works Secretary Joyce Nelson, Police Chief Len Harrell, Brad Lemberg, Leonard Kopp, David and Carmen Taylor, Audrey Evans, Edwin Gibbs, John Schulter, Buzz Sykes, Kaye Westerlund and a representative from Contel. The.Mayor opened the-meeting and welcomed those present. MINUTES The following miuntes were presented for consideration: a. September 24, 1985 - Regular Meeting Councilmember Peterson asked that the followinq sentence be deleteH from page 2809, "dohn also mentioned the assessing of the property owners affected by this improvement" b. October 1, 1985 - Special Meeting Councilmember Peterson referred to page 2815, under Council Budget, The first sentence should read, "Councilmember Peterson asked about the Senior Citizen Counseling, whether it could be funded by CDBG." Councilmember Smith referred to page 2816, the motion to delay purchase of one new police vehicle, asking what the outcome of the vote was. The outcome was three votes in favor, with Councilmember Smith, and Mayor Polston voting no. c. October 2, 1985 - Special Meeting d. October 3, 1985 - Special Meeting e. October 5, 1985 - Special Meeting f. October 7, 1985 - Regular Meeting MOTION made by Councilmember Peterson and seconded by Council- member Paulsen to approve the minutes for September 24, October 1, 2, 3, 5, and 7, as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: Delinquent Utility Bills for October The Acting City Manager stated the total dollar amount due was now $3490.76. 216 October 22, 1985 The Mayor opened the Public Hearing. He asked if anyone wanted to comment on the delinquent water bills. There were no comments. Mayor Polston closed the Public Hearing. Councilmember Jessen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85-124 RESOLUTION TO DISCONTINUE WATER SERVICE WHERE THE BILLS ARE MORE THAN SIX MONTHS IN ARREARS. The vote was unanimously in favor..Motion carried. CONTINUATION. OF PUBLIC HEARING: From February 12, 1985 Meeting TOWN SQUARE REQUEST: a. b. Conditional Use Permit to Allow a Drive-In Bank Variances - Setback to the R-3 Parking Stall'Size & Number Drive-In Bank Location a. Conditional Use Permit to Allow a Drive-In Bank. The Acting City Manager stated that the Planning Commission has looked at these issues and recommends.approval. The City Planner, Mark Koegler, stated the reason ~or the CUP is that in'the zoning/ordinances, all Drive-In f~cilities of any typ~, require a'CUP. The Acting City Manager stated that 2 resolutions were needed. Mayor Po]ston reopened the P~blic Hearing, and asked if anyone wished to speak for or against these issues. There were none. The Mayor closed the Public Hearing. Councilmember Paulsen moved and Councilmem~r Peterson seconded the following resolution: RESOLUTION #85-125 'RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO ALLOW A DRIVE IN BANK FACILITY IN TOWN SQUARE. The vote was unanimously in favor. R~soluti0n passed. Councilmember Paulsen moved and Councilmember Smith seconded the following ·resolution: RESOLUTION #85-126 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION APPROVING THE VARIANCES: SETBACK TO THE R3, PARKING STALL SIZE & NUMBER, DRIVE IN BANK, AS REQUESTED. The vote was unanimously in favor. Resolution passed. 217 October 22, 1985 CASE #85-444: David & Carmen Taylor, 5991 Ridgewood Road, Part of Lots 13, 14 & 15, Block 6, The Highlands The request to recognize existing nonconforming structure. The Acting City Manager stated that the Planning Commission recommends approval. The ga_rage is in the right of way. The house will meet the set backs. Councilmember following resolution: Jessen moved and Councilmember Paulsen seconded the RESOLUTION #85- 127 RESOLUTION RECOGNIZING THE EXISTING NON- CONFORMING STRUCTURE AT 5991 RIDGEWOOD ROAD, PART OF LOTS 13, 14 & 15, Block 6, THE HIGHLANDS. The vote was unanimously in favor. Resolution passed. CASE#85-445: Request to allow existing accessory building to remain and grant side yard variance at 4339 Wilshire Blvd. Part of Lots 1, 2, B, 75 & 76. First rearr, of Phelp's Island Park 1st division and lot 3, Phelp's Island Park 1st division. The Acting City Manager stated that the Planning Commission denied the variance change because they approved the subdivision with the stipulation that the building would be -~-oved or r~ed. Councilmember Peterson moved and Councilmember Smith seconded the following resolution: RESOLUTION #85- 120 RESOLUTION TO DENY A VARIANCE AND TO REAFFIRM A SUBDIVISION APPROVAL CONDITION FOR A METES AND BOUNDS DESCRIBED LOT AT 4339 WILSHIRE BLVD., PID # 19-117-23 13 0006. The vote was unanimously in favor. Resolution passed. CASE#85-446L Request for a four foot front yard setback variance at.5525 Church Road, Lots 1 & 2, Block 7, Lakeside Park A. L. Crockers 1st division. The Acting City Manager stated that the Planning Commission recommended approval on this. Councilmember Smith moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85- 129 RESOLUTION TO CONCUR WITH THE PLANNING COMM- ISSION TO APPROVE A FOUR FOOT FRONT YARD SETBACK VARIANCE AT 5525 CHURCH ROAD, LOTS 1 & 2 BLOCK 7, LAKESIDE PARK A.L. CROCKERS 1st 218 October 22, 1985 The vote was unanimously in favor. Resolution passed. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from citizens present. LOST LAKE LAND REGISTRATION UPDATE LETTER FROM CURT PEARSON City Attorney Curt Pearson informed the Council that a court date of November 8, 1985, with Judge Lindberg, has been set. LETTER FROM BUZZ SYKES ABOUT LOST LAKE SITE Mr. Sykes restated his concern for legal action to be taken on the Lost Lake Site. AWARDING THE SALE OF $1,8OO,0OO GENERAL OBLIGATION TAX INCREMENT FINANCING BONDS OF 1985; FIXING THEIR FORM &.SPECIFICATIONS; DIRECTING THEIR EXECUTION & DELIVERY; & PROVIDING FOR THEIR PAYMENT. Mayor Polston introduced the City's former Manager and now presently one of the City's Bond Counselors from Miller Schroeder, Leonard Kopp. Mr. Kopp stated that four'bids were received, with the low one from Miller Securities, at the interest cost of 8.5988%. Mr. Kopp said the low bid was under the estimated bid projected, some time ago. Councilmember Peterson moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85- 130 RESOLUTION AWARDING THE SALE OF $1,8OO,000 GENERAL OBLIGATION.TAX INCREMENT BONDS OF 1985; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR' EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. The vote was unanimously in favor. Resolution passed. REQUEST FOR A STREET LIGHT ON SHOREWOOD LANE The request was submitted to the Council by Mr. Stephen Briggs, 1871Shorewood Lane, Mound, for a neighborhood street light. He stated there has been burglaries and vandalism due darkness, heavily wooded area, and winding streets. Mr. Briggs had a petition signed by neighbors requesting the street light installed. The Acting City Manager stated that Officer Ewald had investigated 'this and found the area very dark. The staff recommended approval. 219 October 22, 1985 Counciimember Pauisen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85- 131 RESOLUTION APPROVING THE INSTALLATION OF A STREET LIGHT ON SHOREWOOD LANE. The vote was unanimously in favor. Resolution passed. RESOLUTIONS REQUESTING THE COUNTY AUDITOR NOT TO LEVY FOR CERTAIN FUNDS Councilmember Smith moved and Councilmember Paulsen seconded the following seven resolutions: RESOLUTION #85- 132 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $22,231.O0 FOR 1976 WATER REVENUE BONDS. RESOLUTION #85- !33 RESbLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF $18,0OO.O0. RESOLUTION #85- 134 RESOLUTION #85-135 RESOLUTION #85- 136 RESOLUTION CANCELLING THE LEVY ON THE GENEP~AL OBLIGATION IMPROVEMENT BONDS OF. 1976 IN THE AMOUNT OF $1,685.OO. RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF $20,444.00. REsOLuTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $6,288.00. RESOLUTION #85-137 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $18,693.OO FOR FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1981 RESOLUTION #85-138 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $12,823.OO FOR FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1984 The vote was unanimously in favor. All seven resolutions passed. PAYMENT OF'BILLS The bills were presented for consideration. Councilmember Paulsen moved and CouncJlmember Jessen seconded the following motion; MOTION TO APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE PRE-LIST IN THE AMOUNT OF $287,183.15, ~]HEN THE FUNDS ARE AVAILABLE. Through a roll call vote, the vote was unanimous. Motion carried. 220 October 22, 1985 CITY VS. SANDER COMPANY AND GENERAL ELECTRIC City Attorney Curt Pearson stated that the City is suing the Sander Company and General Electric regarding the roof and skylights. As part of this the depositions of Mr. Kopp and Jan Bertrand will be needed. Mr. Kopp has agreed to cooperate. However, he needs to refresh his memory before court time. Mr. Pearson feels compensation would be in order, because he will be giving his time to the City. There was no objection from the Council. A motion was not needed, just the consensus of the Council. SUPERAMERICA The Acting City Manager stated that SuperAmerica will be opening in mid-November. They have applied for and paid the fee for a license to sell non-intoxicating malt liquor (3.2 beer). This needs the Council's approval. MOTION MADE BY COUNCILMEMBER SMITH AND SECONDED BY COUNCILMEMBER JESSEN TO APPROVE THE ISSUANCE OF A LICENSE FOR SUPERAMERICA TO SELL NON-INTOXICATING MALT LIQUOR. The vote was unanimosuly in favor. Motion carried. BUS ROUTES Councilmember Smith stated that there is a' request from residents of Mound to extend the bus route to the west end of town. It was decided that the Acting City.Manager would send a letter to MTC, stating the City's request for extended service. Senior Citzen Center The Acting City Manager had talked with Larry Blackstead, from Henn- epin County, regarding the part of Kathy Bailey's salary that the City pays. Part of the funding for this could come from CDBG funds, thus creating a savings in the budget. RECYCLING COSTS Councilmember Jessen mentioned that not only does the City receive 50% rebate'from the County, but the Met Council is paying the City .50¢ per household that participates. The City will also receive $4.00 per ton of recyclable materials. Therefore, some more funds are generated through recycling. CITY MANAGER Mayor Polston stated the Council has selected one of the candidates for the City Manager position, and that the Council may be at the point now to ask the Mayor and Acting City Manager to begin negotiating terms of employment. 221 October 22, 1985 Councilmember Paulsen moved, and Councilmember Peters0n seconded the following resolution, prepared by City Attorney, Curt Pearson: RESOLUTION #85- ]39 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND THE ACTING CITY MANAGER TO NEGOTIATE A CONTRACT OF EMPLOYMENT WITH EDWARD SHUKLE AS CITY MANAGER FOR THE CITY OF MOUND. The vote was unanimously in favor. Resolution passed. PUBLIC WORKS BUILDING STUDY. UPDATE Brad Lemberg from Bonestroo, Rosene, Anderlik & Assoc., presented an update to the Council. Prelinimary plans illustrate a Public Works building with shop, offices and inside storage, east of City Hall. To the west of City Hall, plans show outside material storage fenced and land- scaped to harmonize with the surrounding area. Ballpark cost, $1,012,500 to $1,125,O00, construction only. It was noted that the inside storage may not be adequate and layouts may be redesigned. There are various exterior schemes to be considered. Mayor Polston said the Council should reactivate the Public Works building study committee. He stated that a referendum was definitely required to fund the building. The Council authorized the spending of funds to investigate the actual cost, prepare a brochure to inform the Public and set up informational meetings for the Public to attend. The City Attorney advised the Council that they could not prepare a "yes vote" brochure. The Building Study committee should do this, as the City cannot use public funds to campaign. Coincilmember Smith moved and Councilmember Paulsen seconded the following resolution: RESOLUTION #85- 1~0 RESOLUTION TO TARGET'A REFERENDUM TO FUND THE BUILDING OF A NEW PUBLIC WORKS BUILDING, IN LATE JANURAY 1986, GET DEFINITIVE ANSWERS ON COST, PREPARE A BROCHURE SHOWING THE NEED, ARRANGE FOR PUBLIC INFORMATION MEET- INGS AND REACTIVATE THE CITIZENS TASK FORCE. The vote was unanimously in favor. Resolution passed. LOST LAKE SITE Councilmember Smith proposed negotiating with the Church Attorney, in selling the land and splitting the profits before the court date of Nov. 8. Attorney Pearson saw no reason to back away yet. Consensus of the Council was to wait for the-Courts interpretation of the law. 222 October 22, 1985 INFORMATION/MISCELLANEOUS A. Letter from City Attorney regarding Met Council Action on REC'S. B. Notice of Breakfast Meetings, Oct. 24 & 25 on Regional Development. C. Letter of Resignation for Buzz Kraft. D. Information from Met Council on Recycling Funding E. Notice of Meeting on Solid Waste Issues F. Letter from City Attorney RE: Allied Painting & Renovating v. City of Mound. G. Note on Lake Virginia/Lake Ann Interceptor H. League Update of TIF Study I. LMCD - BWI Ordinance J. Articles & Update on F.L.S.A. K. Articles on Revenue Sharing L. Article on MWCC Salaries M. Hennepin County Compost Operation N. School District Minutes O. Planning Commission Discussion Item on Conditional Use Permits MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY COUNClLMEMBER PETERSON TO ADJOURN THE MEETING. The vote was unanimously in favor. Motion passed. The meeting was adjourned at 9:03 PM. Linda Strong, Acting City Clerk Fran Clark, Acting City Manager BILLS ........ OCTOBER 22, 1985 Batch 854101 .... Computer run dated 10/15/85 Batch 854102 .... Computer run dated 10/17/85 Bills listed below Total Bills 248,640.48 36,178.41 2,364.26 287,183.15 American Financial Printing Contel Financial Communications Deloris Schwalbe Todd Truax John McKinley Mike Savage Print Bonds-T I F Te 1 ephone Legal notice-TIF Bonds Mileage thru Sept School Expenses Reimb Spectacle Kit & lens 1,188 75 990 59 4894 65 25 8 64 7 96 54 13 CITY OF MOUND Mound, Minnesota Case No. 85-447 NOTICE OF HEARING ON PROPOSED VACATION OF CHURCH ROAD"(FORMERLY KNOWN AS SCHOOL STREET) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, THAT THE CITY COUNCIL OF THE CITY OF MOUND, will meet at the City Hall., 5341Maywood Road, at 7:30 P.M. on the 12th day of November, 1985, to ~onsider.the.vacation .of the following described street or portion of street: That part of School Street as dedicated ~n the pl~ .of "LAKE SIDE PRRK:A.L. CROCKERS 1ST DIVISION, MOUND, M~NNESOTA" according to the recorOed pla~ thereof, and now known as Church Road, lying ~outherly of Lots 12, 13, 14, and · 15, Block 12 said."LAKE ·SIDE PARK: A.L. CROCKERS ~ST DIVISION, MOUND, HZNNESOTA" and southerly end southeasterly of the follow~ng described line: Beginning at the intersection of the south line of the north 40.00 feet of. Lot ll said Block 12 and the east line..of said Lot' llI Thence North 77 degrees 27 minutes 50 seconds East 87.61 feet to the intersection with the' northerlyJline of Block il, said "LAK~ SIDE RARK: A.L. CROCKERS. 1ST DIVISION~ MOUND, MINNESOTA" an~ said line there terminating. For description purposes only the south line of the north 40 feet of said Lots. ll, 13, 14, and 15 Block 12 has an assumed bearinq of North 20 de~rees East. Such persons as desire to be heard with reference to the'above will be heard at this meeting. FrahEe~e-C.~'rk, City C erk Planning Commission Minutes October 14, I 85 - Page 2 They are now requesting a variance to a.llow tool shed to remain (1.5+ feet at one corner to the property line); setback requirement is 4 feet. -- Mrs. Schluter thought the reason for the 4 foot setback was for fire safety and there were not anything nearby: The estimate for removing the tool shed was much more ezpenslve than they had thought it would be. The Commission discussed the request and their recommendation when the sub- division was approved (May 6, 1985 minutes); they also questioned whether a 50 foot lakefront setback didn't apply. Byrnes moved and Ken Smith seconded a motion that the Planni. ng Commission recommend denial of a variance for the boathouse/tool shed.. The vote was unanimously in favor of the denial. Motion carried. This will be on the Council Agenda for the meeting of October 22, 1985. Case No. 85-446 4 Foot Front Yard'-Setback Variance for'5525 Church Road Lots 1 and 2, Block 7, Lakeside Park A...' L. Cr6ckers Ist Division Mr. Edwin Gibbs was present. Planner Mark Koegler explained that'basically Mr. Gibbs wants to build a detached garage around the corner'from his house and line up the garage with the house, which would be:within 16 feet of the side street property line. Theke is a 6½ foot boulevard so garage would be 22½ feet from the street curb. Mr. Gibbs. stated he wants to save an ornamental tree given him by his grand- children.~ The Commission-noted that this would make the property nonconform- ing for any future building and suggested moving tree/garage location~ Mr. Gibbs wants garage to store his antique/classic cars and wants to retain some back'yard area; he doesn't want to move the proposed garage over 4 feet. The R-2 Zoning District requires a 20 foot setback from the property line. The Commission discussed the request. Reese moved and Michael seconded a motion to approve the staff's recommenda- tion'and grant the 4 'foot front yard setback variance. The vote was Byrnes opposed; all others voted in favor, Motion carried. This will be on the Council Agenda for the meeting of October 22, 1985. Case No. 85-447 Vacation of part of School Street, also known as Church Road The.Planner explained that the Acting City Manager was getting all of the loose · ends cleaned up so'that the Town Square Project could proceed and it had come to the City's attention that, while the street had been relocated and the old one used for parking lot, it had never been vacated. The City is requesting the vacation of portion'of Church Road as described by the City Engineer. Weiland moved and Reese seconded a.motion to recommend the vacation.of a portion of Church Road as requested. The vote was unanimously in favor. Motion carried. The City Council has set a public hearing for November 12, 1985. 2??? APPLICANT APPLICATION FOR STREET VACATION CITY OF MOUND CITY OF MOUND 3/84 CASE NO. 85-447 FEE S150.O0 Waived DATE FI LED ADDRESS 5~41Maywood Road Mound, MN. 55}64 LEGAL DESCRIPTION OF PROPERTY OWNED BY APPLICANT: PID # LOT BLOCK SUBDIVISION STREET TO BE VACATED Part of School Street, also known as Church Road REASON FOR REQUEST This should have been done years ago when this part of the street became part of the parking lot next to the clinic. Now it needs to be done for title purposes. SIGNATURE OF APPLICANT ~t City of Mound ADDRESS 5341 Maywood Actinq City Manaqer Mound, MN. 55364 TEL. NO. 472-1155 Applicant's Interest in Property This property is to be part of the Town Square development. Residents and owners of property abutting the street to be vacated: (Please attach list. CertiFied mailing list can be obtained from Hennepin County by calling 348-3271~ Recommende~ by Utilities: NSP__; Minnegasco ~ Recommended by City: Public Works mX ; Fire Chief Chief ; Cable Systems ; Other Departments Planning Commission Recommendation: ; Continentai Telephone ~ ; Engineer ; Police Vacate a portion of Church Road as requested. Council Action Resolution No. Date 11-12-85 Date 10-14-85 10-7-85 Council set the date for the Public Hearing of November 12, 1985 ....: .... . .:COMBS-KNUTSON ASSOCIATES, INC. PROPOSED VACATION OF CHURCH ROAD, MOUN3 MINNESOTA Reply To: 12B00 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 That part of School Street as dedicated in the plat of "LAKE SIDE PARK: A.L. CROCKERS 1ST DIVISION, MOUND, MINNESOTA" according to the recorOed plat ~hereof, and now known as Church Road, lying .southerly of Lots 12, 13, 14, and 15, Block 12 said "LAKE SIDE PARK: A.L. CROCKERS 1ST DIVISION, MOUND, MINNESOTA" and southerly and southeasterly of the following described line: Beginning at the intersection of the south line of the north 40.00 feet of Lot ll said Block 12 and the eas: line of said Lot li; Thence North 77 degrees 27 minutes 50 seconds East 87.61 feet to the intersection with the northerly line of Block 11, said "LAKE SIDE PARK: A.L. CROCKERS 1ST DIVISION, MOUND, MINNESOTA" and said line there terminating. For description purposes only the south line of the north.40 feet of said Lots 11, 13, 14, and 15 Block 12 has an assumed bearing of North 90 degrees East. 10-7-85 #6689 ..~ I \ .... :: : :::~ ::: !~ I I / / / t / / ! I / / / CITY OF MOUND MOUND, MN NOTICE OF PUBLIC HEARING "Notice is hereby given that Hennepin County and the City of Mound will hold a public hearing to consider a proposed amendment to Program Year X under Title I of the Housing and Community Development Act of 1974 as amended. A Citizen Participation Plan is available at City Hall to assist in your participation in the hearing. The hearing is to be held on November 12, 1985, at 7:30 PM in the Council Chambers, City Hall located at 5341Maywood Road. This public hearing is being held pursuant to a joint cooperation agreement between Hennepin County and the City of Mound M.S. 471.59.'~ Francene C. ClaFk, City Clerk Publish in The Laker October 21, 1985 ~ SUBURBAN COMMUNITY SERVICES 1001 Highway 7, Hopkins, Minnesota 55343 933-9311 June 28, 1985 John Elam City Manager City of Mound 5341 Maywood Road Mound, MN 5536455359 Dear John, The 1986 budget process has begun. Suburban Community Services is requesting ~3,962.00 for the Westonka Counseling for Older Adults Program for t~e calendar year 1986. This program brings a very needed service to the elders of your community and we thank the City of Mound for the continued support of the program and Suburban Community Services. Sincerely, min F. Withhart Executive Director g October 14, 1985 Mound City Council Mound City Offices 5141Maywood Road Mound, Minnesota 55364 Dear Mayor and Council members: The Westonka Intervention Project I~c. is at this time requesting your monetary support. We do appreciate your consideration in this matter. If you have any further questions regarding our organization please feel free to call. Sincerely yours, Valerie J. Hessburg, Director 479-2742 3490 LYTHRUM WAY MOUND, MINNESOTA 55364 ~000 472-4803 October 3~ 3..98~ Council Member: Two years ago, Westonka Interven,tion Project for Domestic Violence was formed. As a project we work with the Mound, and Minnetrista/ St. Boni police departments. Since January we have helped 35 families deal with domestic abuse. With our project being a policy for both police departments to use, the police departments have not been called back to any of the residences. As a project, we are asking your support in any or all of the following: 1. To utilizing your outside sign in advertising any public meetings. We are having a Public Forum, (i.e. panel) on October 24, 7:30 p.m. at City Hall. Financial Support: We have had several Mound businesses and organizations donate to our project. a. St. John's Foundation b. Contel c. League of Women Voters d. Minnesota Federal e. Bill Clark Oil Co. f. Hardee's $ General Support: Please come to our Public Forum, and become more educated about this issue. We also need more volunteers, as crisis advocates, phone advocates, or advocates working with the children who grow up in these surroundings.. Please take time to take an interest in this project. needed in the Westonka area. It is greatly Thank You, Connie Stahlbusch RESOLUTION REALLOCATING YEAR X MOUND/ URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT FUNDS WHEREAS, pursuant to notice being given, a public hearing was held in accord with Title i of the Housing and Community Development Act of 1974, as amended, on November 12, 1985, at 7:30 P.M., in the Mound City Council Chambers; and WHEREAS, this public hearing was held to obtain views of citizens on local and Urban Hennepin County housing, community and economic development and to provide the citizens with the opportunity to comment on the City of Mound's proposed reallocation of its Year X Hennepin County Block Grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the reallocation of the City of Mound's Year X Community Development Block Grant Funds as follows: YEAR X 10-31-85 TO BE REALLO- PROJECT DESCRIPTION BUDGETED EXPENDED CATED BALANCE 934 W/S Repairs & Installation 3870. 880. 2,990. 965 Tonka Toys Reuse Study 6000. 831. 5,169. 712 Econ. Dev. (DT Improv. Study)30,OOO. 3503. 26,497. 34,656. 940 TO BE REALLOCATED TO THE FOLLOWING Sub. Community Services (Senior Counseling) Senior Center Operation Westonka Intervention Rehab. of Private Property The foregoing resolution was moved by Councilmember and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Counc[lmembers voted in the negative: Mayor Polston was absent and excused. 3,962.j 8,995.f 1,OOO. 20,699. 34,656. Attest: City Clerk Mayor Pro Tem RESOLUTION NO. 85-53 RESOLUTION VACATING CERTAIN STREET~EASEMENT ~-ore e.,H tlc< o., I-/. WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council maF by resolution vacate any street, alley, public grounds, or public way, or any part thereof, when it appears in the interest of the public to do so; and WHEREAS, the City of Mound has claimed a street and utility easement over the following described land: e . id "W.HIPP~E". Also known as Cobden. WHEREAS, a public hearing was held on 1985, as required by law; and WHEREAS, it has been determined 'that good area planning requires that these easements be vacated ~ ' ..... ~ - - and that it would be in the public interest to do so. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby vacates: of the of Tha't part of Windsor Road, as dedicated in the pi_at "WHIPPL$", Hennepin County, Minnesota, lying north lief Block 16 and the south li~l~B1~ ock 15 said "WHIPP~..~ The City shall retat'~a~~ty easement over, under through the west 8_JNd~et of the north 15 feet Windsor R o a~,../ That p~mond Road, as ded~ in the plat "WHIPP between and of of the May 14, 1985 nor~._~ine of Block 15 and the south line of Blo_~k 10 of said "~ _.~._~~ That part of Cobden~~ as dedicated in the pl~~P_~I~~nnep~f'-~n~ty, Minnesota, lying bet~~ t line of Block 1T'~a~he west line of Blo~ of said "WHIPPLE". ~.~. ~_ A certified copy of this resolution shall be prepared by the City Clerk and shall be'a notice of completion of the proceedings and shall be recorded in the office of the County Recorder and/or the Registrar of Titles as set forth in M.S.A~ 412.851. ~he foregOing resolution was moved by Councilmember Paulsen and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jessen, ?aulsen, Feterson and Smith. The following Councilmembers voted in the negative: none. .. Mayor Polston was absent and excused. Mayor Pro Tem Attest: City Clerk CITY OF MOUND Mound, Minnesota NOTICE OF' HEARING ON PROPOSED VACATION OF CHURCH ROAD'(FORMERLY KNOWN AS SCHOOL STREET) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, THAT THE CITY COUNCIL.OF THE CITY OF MOUND, will meet at the City Hall, 5341Maywood Road, at 7:30 P.M. on the 12th day of November, 1985, to Co~sider the vacation of the following described street or portion of street: That part of School Street as dedicated ~n the plat of "LAKE SIDE PARK: A.L. "~ CROCKERS 1ST DIVISION, MOUND, MINNESOTA" according to the recorOed plat thereof, and now known as Church Road, lying .souther:1y of Lots :12, :13, :14, and' 15, Block 12 said "LAKE .SIDE PARK: A.L. CROCKERS ZST DIVISION, MOUND, MINNESOTA" and southerly and southeasterly of the follow~ng described line: Beginning at the intersection of the south line of the north 40.00 feet of Lot ll said Block 12 and the east line of said Lot ll; Thence North 77 ~egrees 27 minutes 50 seconds East 87.61 feet to the intersection with the northerly line of Block il, said "LAKE SIDE RARK: A.L. CROCKERS. 1ST DIVISION, MOUND, MINNESOTA" and said line there terminating. . For description purposes only the south line of the north 40 feet of said Lots ll, 13, 14. and 15 Block 12 has an assumed bearinq .of North 90 deqrees East. ~-~i ........Su~. ~ ..~ ~t~ .be~J:~J~t.h~-refere~n~ce-~.to~:~the':abov~~ The Westonka Intervention Project is a community based organiza- tion of men and women committed to the abolition of family violence. We believe that violence against any family member is a violation of their rights as human beings. We believe that it is possible to stop much- of the family violence that is happening in our community through in- i .. tervention. Westonka Intervention Project places the responsibility for . intervention in domestic assaults on the police and the criminal justice'. ~.! system, rather than on the victim. " '.. WESTONKA INTERVENTION PROJECT GOALS: .i *To end'violence within families by providJng"education"t° our com- munity about the cycle of violence. *To.intervene in domestic situations, offering options and support to the vidims. *TO work hand in hand with other social agencies to end family violence. WESTONKA INTERVENTION PROJECT SERVICES: *Domestic assault crisis intervention. *Referral and support services. *Accompaniment during legal procedures. *Community outreach and education. 472'2742 3490 Lythrum Way Mound, Minnesota 55364 472-4803 November 6, 1985 COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS · LAND SURVEYORS m PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Honorable Mayor and Members of the City Council City of Mound 5~41Maywood Road Mound, Minnesota 55564 SUBOECT: City of Mound Grading Permit Anthony's Floral MKA File #7297 Dear Mayor and Councilmembers: On Tuesday, November 5, 1985, 3an Bertrand and myself inspected the area behind Anthony's Floral which is being filled. As you may be aware, the City granted Mr/ VanDerSteeg a grading and land reclamation permit on September 25, 1984 (Resolution No. 84-150), a copy of which is attached. This permit has 9 conditions stipulated in it, of which we feel at least 5 are in violation. Our major concern is the continued dumping of construction debris that contains materials which will support decay such as plywood, boards, sheetrock, acoustual tile, cardboard, paneling, hardboard siding, carpet, foam pads, brush and trees. Other material which probably will never decompose such as plastic, metal and R.V.C. pipe, tires, steel stuOs, concrete block, brick and fiberglass insulation is also visible. A small amount of the fill material could be defined as clean fill which is required by the permit. We would consider this site a land fill rather than a land reclamation project. A stop work order was issued on 11/5/85 and Mr. VanDerSteeg was informed that this matter would come before the City Council on Tuesday, November 12, 1985. We have also contacted Minnehaha Creek Watershed District regarding Mr. VanDerSteeg's Permit Application No. 84-117. Action on this permit was tabled at their regular board meeting on July 19, 1984, pending submission of ~ items. This requirement was never met, therefore, no permit has been issued to printed on recyc:ed paper Honorable Mayor and Councilmembers November 6, 1985 Page 2 Mr. VanDerSteeg. No measures have been taken to control erosion or prevent sedimentation as required by the City and the Watershed District. We also observed an old concrete control structure in the dike between the old treatment ponds and Dutch Lake which has an open top to it. We feel this is a definite hazard to children in the area, especially with the Grandview School and a trail system so close, and therefore it needs to have a solid, permanent cover placed over it. Jan and myself would recommend to the council that this permit be revoked until three conditions are met immediately. (1.) Ail unacceptable material be removed from the site. (2.) The owner post a bond in the amount of $10,000.00 to insure that all conditions of the permit are met. (3.) The owner follow thru and secure a permit from Minnehaha Creek Watershed District. If the council should have any questions, Jan and myself will be present at your meeting on November 12, 1985. JC:jmj Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Jim Mahady Minnehaha Creek Watershed District Antonie VanDerSteeg 1861 Commerce Blvd. Mound, MN 55364 printed on recycled pager September 25, 1984 GRADING PERMIT: ANTHONY VANDERSTEEG~ 1861 COMMERCE BLVD. The City Manager explained that for some time the area behind Anthony's Floral has been filled with a variety of materials. Mr. Vandersteeg has requested a grading and reclamation permit for the area. The Staff is recommending approval of this permit with the following conditions: 1. The Exhibit "A" fill area be adhered to by the applicant with the silt fencing installed at the perimeter continuously and maintained in good condition. 2. Seeding or sodding shall be accomplished by October 1, 1986, or when filling is completed, whichever date is sooner. 3. The fill material that has been placed will have all material removed that will support decay. At t. he recommendation of the Building Official, a soils engineering firm will be retained and a report submitted to the City Engineer to verify compliance of this at the owner's expense. Submit to the City Engineer any other required permits; i.e. Waterched District. 5. No further fill material will support decay with a log (or record) to be kept by the property owner of furture fill to be used stating the date received, where the fill was transported from, the name of the transporter and .the' number of yards received. 6. The owner is required to provide garbage/refuse service by an independent service for his floral and home use. ?. Erosion and dust control shall be by the use of haybales staked and secured in place or equal and dust control as approved by the City Engineer and Minnehaha Creeek Watershed District. 8. A bond shall be submitted in the amount of $5,000..in favor of the City of Mound to cover possible corrective measures the City may incur to roads and streets. 9. This permit will expire October 1, 1986, or may be renewed by the City Manager. 10. The permit is non-transferable to a new property owner and it may be revoked after notification to the property owner. The Council discussed number 8 on the list of conditions and decided to delete it because this type of bond is very expensive and probably would not be necessary. Mr. Vandersteeg was present and stated that he will follow the guidelines as outlined and that he has hired Mr. Illies to help with the grading and clean up. Charon moved and Jessen seconded the following resolution: RESOLUTION ~84-150 RESOLUTION TO APPROVE A GRADING AND LAND RECLAMATION PERMIT FOR GO¥'T LOT 1, SECTION 14-117-24 (PID #14-117-24 1~ O00B), ANTHONY VANDERSTEEG The vote was unanimously in favor. Motion carried. September 25, lg84 RESOLUTION NO. 84-150 RESOLUTION TO APPROVE A GRADING AND LAND RECLAMATION PERMIT FOR GOVERNMENT LOT 1, SECTION 14-117-24 (PID ~14-117-24 14 0003) WNgRgA$, An~onie VanDerStee8, owner of the property described as the North 4DD feet of Government Lob 1, Section 14- 117-24 West of the 5th Principal Meridian, EXCEPT that part thereof described as follows: Beginning at a point on the North line of said lot distant 606.62 feet West from the Northeast corner of said lot; thence East to the Northeast corner of said lot; thence South along the East line of said lot a distance of 165 feet; thence West parallel with said North line to an intersection with a line drawn South parallel with said East line from the point of beginning; thence North to the point of beginning, together with an easement for ingress and egress and driveway purposes over the South 50 feet of the Weset 246 feet of said excepted tract, and the location of all existing buildings thereon. PID #14-117-24 14 0003; has applied for a grading and land reclamation permit pursuant to the City Code, Section 35.200; and WHEREAS, City Staff has reviewed the request and does recommend approval with stipulated conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the requested grading and reclamation permit for the Anthonie VanDerSteeg property as stated on the attached Exhibit "A" with the following conditions: The Exhibit "A" fill area be adhered to by the applicant with the silt fencing installed at the perimeter continuously and maintained in good condition. Seeding or sodding shall be accomplished by October 1, 1986, or when the filling is completed, whichever date is sooner. 3. The fill material that has been placed will have all material r.emoved that will support decay. At the recommendation of the Building Official, a soils engineering firm will be retained and a report submitted to the City Engineer to verify compliance of this at the owner's expense. ~_~ City Engineer any required permits; Submit. to the other i.e. Watershed District. No further fill material will support decay with a l'ot (or record) to be kept by the property owner of fut~ure fill to be used stating the date received, ~,here the September 25, 1R84 fill was transported from, the name of the transporter and the number of yards received. The owner is required to provide garbage/refuse service by an independent service for his floral and home use. Erosion and dust control shall be by the use of haybales staked and secured in place or equal and dust control as approved by the City Engineer and Minnehaha Creek Water- shed District. This permit will expire October 1, renewed by the City Manager. 1.o86, or may be The permit is non-transferable to a new property owner and it may be revoked after notification to the property owner. The foregoing resolution was moved by Councilmember Charon and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Charon, Jessen, Paulsen, Peterson and ?olston. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk 7 ~ ; ~oh-oo : ~1' ' ' 9/84 :; F'. SEP I 3 1984 ';.i ~:ij i ;qCi'v' 2 o : GRADING APPLICATION O I APPLICANT'S NAHE: Z;?~-~ ~~~~, PHONE ~:g~-}/ ~ A~,~ss: ¢~~, C~T~: m ~ (See reverse side for instructions) DESCRIPTION OF WORK: OTHER AGENCY APPROVALS: NUMBER OF CUBIC-YARDS TO BE MOVED: BOND REQUIRED: I hereby acknowledge that I have read this application and state that the informa- tion is correct and ag£ee to comply with the City of Mounds Codes and the State of M~nnesota Laws., /" OWNER~ J~-~/~--~~-~'-9 S,gnature of Permit~ee: · : ~ PLAN CHECKING FEE $ ~'O,f00 ~"",~ /'~_,_~.~-.z,::~-o..~ GRADING PERMIT. s.. ~_FEE ,~ /,'7.,,.~ooa C~. ~ '~/'~ ~'/-~'~'/~ /~ / /? '/~ ' TOTAL FEE $ _ __ ///--APPROVED BY PERMIT TO EXPIRE WITHIN 1 YEAR OR 180 DAYS AFT~/FILL PLACEMENT IS DISCONTINUED. Information to be included: 1. Type of fill to be placed. 2. Time schedule of completion of work.. 3. Purpose of work/fill. 4. Proposed surface ~es'toration 5. Describe erosion control measures. ENGINEERS · LAND SURVEYORS a PLANNERS September 7, 1984 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Ms. Oan Bertrand Planning & Zoning City of Mound 5341Maywood Road Mound, MN 55364 Subject: City of Mound Grading Permit Application Anthony's Floral File #7297 Dear Jan: We have reviewed the plan submitted by Anthony's Floral for filling of the low area between their building and Dutch Lake. The following are our comments and recommendations. The plan and/or application should state the purpose of the fill, type of fill, proposed surface restoration, and erosion control measures. According to Section 35:230 of the new ordinance recently adopted, fill material cannot contain any substances which supports decay. We would in- terpret this to mean that existing trees would have to be removed before any fill is placed. Before the permit is granted, all requirements of other agencies, such as the DNR, RCA, and Minnehaha Creek Watershed Oistrict need to be met. If you have any questions or if additional information is required, please contact us. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. OC:sj P.O. Box 387, Wayzata, Minnesota 55391 80ARB OF t,~ANAGER$: Dav~Cl H. Cochran, Pies · AIL~ed L Luhm:m · Juhn E ll~omas M~cl~ael R Ca~oll · C.tmdle D. Andre · James B. McWelh¥ · ' .n~,., H 5pensley June 18, 1984 Mr. Anthony Van Der Steeg 1861 Con~nerce Boulevard Mound, Minnesota 55364 Dear Mr. Van Der Steeg: The City of Mound has informed the Minnehaha Cre~k Watershed District of your filling activities along Commerce Boulevard. As you may not be aware, the District requires a permit for fill placement within the District. You are hereby advised to discontinue any further filling activities until such time as you have applied for, and received, a fill permit from the District. In order to have your request considered by the District you must complete the enclosed form and return iL along with the following exhibits: 1. Site map or property survey showing the location of the fill material. 2. Identify the type of fill material being placed. 3. Specify an erosion con+rol method to prevent the fill material from being eroded into the waterways of the District. 4. Site restoration plan which identifies either sod or seed and mulch or a final cover upon como]etion of the filling activity. Should you have any questions, please feel free to call me at 473-4224. Very truly yours, EUGENE A. HICKOK AND ASS,,;JATZS Engin~istric~ Clifforc~ep District Administrate, cc: Board .Bacomber ertrand, City )* ~,und /IiI t EHAHA CREEK I/VATERSH DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARO OF MANAGERS: David H. Cochran. Pres. · Albert L, Lehman · John E. Thomas Michael R. Carroll · Camille O. Andre · James B. McWethy · James R. Spensley Permit Application No: 84-117 Date: July 20, 1984 Applicant: Antonie Vandersteeg 1861 Commerce Blvd. Mound, MN 55364 Location: City of Mound, Sec. 14AD, east shore of Dutch lake Purpose: "After-the-Fact" fill placement adjacent to Dutch Lake At the regularly scheduled July 19, 1984 meeting of the Board of Managers, the above permit application was tabled pending submission of the following items: Site Plan showing the location of the fill material with respect to property lines and the OHW and floodplain elevation'of Dutch Lake. Quantities of material presently in place. An erosion control and restoration plan to prevent sedimentation. These items should be received no later than August 3. A delay in your submittal could cause actions to be taken to remove the unauthorized fill. The Board of Managers directed staff to meet with representatives from the Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and.the City of Mound to investigate governmental requirements for allowing in-place, unauthorized fill to remain and for allowing any further filling activity to continue. We will contact you regarding the time, date and place of any future meetings. If you.have any questions or problems, please feel free to call 473-4224. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District CC: Board G. Macomber City of Mound~'~ bt August 16, 1984 Mr. Clifford Reep Minnehaha Creek Watershed District P.O. Box 357 Wayzata, Minnesota 55391 Dear Mr. Reep: This letter concerns the solid waste problems at AnthoQy's Floral in Mound as we discussed on the telephone. I under- stand that demolition debris and other solid wastes~are being' used to fill an area near the shoreline of a pond. I have discussed your concerns with officials of the City, County an~State. Solid waste officials fro~ the County have agreed to inspect the site to determine if violations of ordinances have occurred. Once the inspection is complete~ the findings should be discussed to determine appropriate follow-up. Tf you have any questions, feel free to contact me at 296-7367. Sincerely, Ma~k Oppen Emergency Response Team Enforcement Section D~vision of Water Quality MO:bh cc: Jon Elam, City of Mound Ed MOnteleone, Hennepin County Tom Sinn, MPCA, Div. Solid & Hazardous Waste Phone:_.612J_29 6- 7 3 6 7 1935 West County Road B2, Rosevil!e, Minnesota 55113-2785 Regional Of;ices · Du!uth'Br~:,nerd.'Dctroil L. akesd'/,arshoii.'Rochosler Equal Oppodunity Employer CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55;; (612) 472-1155 TO: Jon Elam, City Manager FROM: Jan Bertrand, Building Official DATE: September 13, 1984 SUBJECT: Anthony VanDerSteeg's Grading Permit Request I am forwarding to you Mr. VanDerSteeg's fill/grading permit application, Exhibit A survey and proposed fill elevations from Mark Gronberg, Engineers/ Surveyors,'Minnehaha Creek Watershed correspondence, photographs and the appli- cable City Codes, U.B.C. Chapter 70 and Ordinance 467, which pertain to his application. I would recommend placing his request on the City Council Agenda for Septem- ber 18th or 25th, whichever fits their schedule better. I would like to comment on the past history and the survey submi{ted. The past couple of years I have visited the site and I have seen debris.such as, but not limited to tires, brush, trees, shingles, corrugated metal, papers, barrels, planks, concrete, pop cans, sheetrock, roofing and styrofoam in the fill area. It has been operated as a "Clean Land Fill" The existing "after the fact" ' fill area involves approximately an area of 200 feet by 250 feet by lO foot depth of fill plus an additional area to be filled with 25,000 cubic yards. I have requested that Mr. VanDerSteeg state what purpose he intends for the site.-' He has told me that he has not charged a fee to put debris and dirt on the prop- erty. If the site is not intended to continue as a "Land Fill", than it is my opinion that.he has rendered the land useless for development for many, many years continuing with the same type of material and construction debris. Some of the materials already placed will decompose over the years (50 to 100) and settling'will take place without extensive soil corrections. He has not had a refuse pick-up service for his business operation, according to his comments to me. The City Council may want to arrange periodic inspections of the filling process depending on the schedule of completion. A bond may be requested in the event that the City would need to make corrective mea:sures on behalf of the owner's inability to complete the work. JB/ms cc: John Cameron Bob Polston Mayor City of Mound ~1/4/85 Dear Mr. Polston, It has come to my attention that the guardrail-safety project for the intersection of Tuxedo and Manchester has, again, been stalled. It is my understanding that a single bid came in unrealistically high and John Cameron intends to rebid the project next spring. Johns actions, while monetarily sound, do not address the most important issues at hand. These issues are, 1) the immediate protection from injury or death for the residents in our area; 2) immediate protection from further property damage. I believe it is absolutely essential we receive some temporary barriers until the final project can be put in place. One suggestion which is inexpensive and satisfactory as a tempor, ary solution is to have city crews bore holes and install posts at ~ppropriate distances.. Any other solution which you or the council may suggest may also be acceptable. It is important, hoever, that something be done. Please address this problem at the next council meeting and please keep me informed. Copy To: Fran Clark Mark Schiel Sincerely, Brian M. Johnson 4445 Manchester Rd. Mound ,233§ ~/. '~',,..,~ ,~r~.~.; 36 12k~,~. 6~.2 - 636-~600 November 5, 1985 City Council City of Mound 5341 Maywood Road Mound, MN 55364 Re: Cost Proposal Preparation for Referendum Public Works Facility City of Mound File No. 21402 Otto G. Bonestroo, P.E. Roberl W'. Rosene, P.E. Joseph C. Anderfik, P.E. Bradford ~. Lemberg, P.E. Richard £. Turner, P.E. James C. Olson, P.E. Glenn R. Cook. P.E. Keith A. Gordon, P.E. Thomas E. Noyes, P.E. Richard 14'. Foster, P.E. Robert G. $chunicht, P. Marvin L. Sorvala, P.E. Donald C. Burgardt, P.E. Jerry A. Bourdon. P.E. Mark A. Hanson, P.E. Ted K. Field, P.E.. Michael T. Rautrnann. P.E. Robert R. Pfefferle, P.E. David O. Loakota, P.E. Charles ,4. Erickson Leo M. Pawelsky Harlan M. Olson Dear Mayor and Council: We have prepared, at your request, cost estimates for' the preparation of the necessary brochures and for informational meetings prior to a Referendum vote for the financing of a new Public Works Facility for the City of Mound. Our proposal covers the following items: A. Preparation for Referendum 1. Meetings with City staff for determination of final site and building layout needs. 2. Meeting with City administrative staff and City Fiscal Agent to deter- mine bonding costs and needs. 3. Compile facts and photographs on existing equipment and facilities. 4. Prepare presentation and brochure drawings. 5. Prepare accurate,-up to date cost estimates for building construction and related costs including design fees, legal fees, bonds, advertising for bids and all other related costs. 6. Final preparation of brochure plates and printing of brochure if de- sired by City. City may wish to have brochures printed by others. B. Pre-Referendum Vote Activities 1. Attend strategy planning meeting/meetins with citizens committee. 2. Attend two public information meetings to aid in presenting proposed project and to help in answering questions. 3. Aid in preparation of newspaper articles. We propose to perform the above on a per diem basis based on the following hourly rates: 1793d Page 1. ,30/7 City of Mound Mound, MN Re: File No. 21402 November 5, 1985 Principal Registered Engineer/Architect Senior Technician Word Processor Printer/Assembler $47.25/hour $42.75/hour $28.50/hour $21.50/hour $16.25/hour Based on the above hourly rates and our estimate of hours, it is anticipated that the total cost, excluding printing will be $7,040. We further propose to credit the City, at the time of preparation of construction documents the costs needed for preparation of the drawings and cost estimates, if the refer- endum is positive and the project proceeds. This credit, based on our esti- mates, would amount to approximately $3,000 thereby leaving a net cost of $4,040 for this work. The cost of printing, if done by our office would amount to approximately $195.00. We are prepared to start this work immediately so that it is ready for the an- ticipated referendum. If this proposal meets with the approval of the City Council, please give us a written order to proceed. If there are any ques- tions, feel free to contact our office. We look forward to working with you on this project. Respectfully submitted, ~STRO0, ROS~~ ASSOCIATES, INC. BAL: li 1793d Page 2. Planning Commission Minutes October 14, 1985 - Page'3 DISCUSSION ITEM - Memorandum on Conditional Use Permits City Planner Mark Koegler explained the need for updating Conditional Use Permits for various facilities within the City of Mound; i.e. Blue Lagoon Marina, Century Auto Body, etc. The City has no basis to document property use changes when they come about and when intensifications occur. He is asking direction from the Com- mission'on whether they should be done uniformly' for all applicable facilities within the Community or whether we should.continue to update them on a case. to case basis when the City receives an application for modification of the use of a property. And, if review is done uniformly to all applicable facilities, who pays the costs? The Commission discussed the pros and conS.of the'subject at great'length; that it is not going to be simple and the biggest problem is.proving when somethi'ng occurred. Mark stated there could be trade-offs. Reese moved and Ken Smith seconded a motion that the P,lanning Commission be on record as in favor of having the'staff examine those nonconforming uses with a goal of converting uses; .intent is not to create a bunch of new uses. The vote on:the motion was unanimously in favor. November Meeting - The Planning Commission will hold one meeting in November on the 18th. Commissioner W~iland asked~to be excused, for the next two meetings and Commissioner' Ken Smith for the October 28th meeting; ADJOURNMENT .. Weiland moved and Reese seconded a motion to .adjourn the meeting. favor, so meeting was adjourned at 8:30 P.M. All war in ' '-' EliZabeth'3ensen' Attest: o17 League of M nncsota Cftics October 31, 1985 Ms. Francene Clark City Clerk 5341Maywood Rd. Mound, MN 55364 Dear Ms. Clark: Earlier this month we informed cities that the League of Minnesota Cities and the Minnesota Chapter of the National Association of Housing and Redevelopment Officials (NAHRO) had joined together to support tax increment financing. A program of analysis and representational activities was developed. This step was taken in response to resolutions adopted by city officials who studied the possibilities of legislative action by the legislature in 1986 and beyond. The Boards of Directors of both the League and NAHRO reviewed the proposal and unanimously endorsed the program. The League/NAHRO committee retained the law firm of Holmes and Graven as a consultant. Pursuant to this program cities have already received a questionnaire on tax increment finance usage which will provide data for a comprehensive study. City officials will recall that the League/NAHRO program is to be financed by voluntary contributions from cities involved in tax increment finance. These contributions will defray the direct costs of employing Holmes and Graven while the League would provide staff and other services to the effort on behalf of the cities who will benefit from the overall activity, but are not currently engaged in the use of tax increment finance. This letter officially requests your financial contribution in accordance with the enclosed invoice. Several alternatives were considered before establishing the assessment formula. Ail cities which had tax increment districts in 1984 payable 1985 tax year are being asked to prbportionally contribUte to the cost of the program. The two factors used are the total assessed value in tax increment districts and the total assessed value of your city. Both of these factors have been adjusted by sales ratio. Statewide totals for all cities using tax increment were established along with each city's percent of that total. Half the cost of the project is assessed based on each city's proportionate share of the total assessed value of the cities involved. The factors used and the resulting assessments are noted in the attached list. We sincerely hope that your city will comply with its voluntary assessment to help preserve tax increment as a viable development tool financing in the future. Susan Edel LMC President S incer ely, Nancy Reeves NAHRO President TIF TIF {tAt/ F~tor As~ess4~ent Fa:tot ~es~nt 0. L~368% lJl.71 0.5707% 0.2843% 15P.. 08 1. 117~ 1. 5096% 807.61 O. 6446% O. 244~% 131. O0 1.3~ O. 9~11% Ag~. 77 I. 487~ 0.0617% 33.0~ 0.~618% O. 153~ ~. 32 O. 2105% 1.7047% 912.04 0.3583% O. 301~ 161.5~ O. 1050% 0.067~% 35.97 0.0~ O. 185..~Z ?~. 07 I. 0016% O. O45'PX ~4.47 P... 3164% 0.1731% ~5.84 0.1664% O.E~ 14~.4I i. 1859~ 634.44 0.7353% O. 34 96% 187.03 O. O. 4450% 238.09 0.5330% i. 5869% 848.99 O. 757~ 0.0060% 4.~7 0.9~07% 49~55 5. ~13~ 0.1168% E,a. 50 1.3.395% I. 5(X)0% 80~. 5~ 1.7435% O. 1818% 97.~4 O. 84131i O. 1078% 57.67 O. 4.1051% ~196.24 1.6168% 2.0911% 1,116.?i 4.1108% 1.1658'I ~3.71 O. O. 11861 63.45 0.08931 O. ~ I~. 53 O. 04~6% ~ 78 O. 06.~5% 39.7i85% 21,249.39 16. E~15% O, 89?6% 480.21 0.0003'I 0.15 1. ii'l% 60&45 O. ~5% i.4~ 75a. 32 1.4817% O. O?VY~ 467.60 O. 0.0a31% 12.34 O. 3949'i ~11.~ 0.3938% 0.0531% ~8.39 0.1965% O. 18aB% 97.78 O. I~09% 75.38 O. 3976% 0.~.7% 108.46 11.3318% 6, 0~3. ~ 10.571~ 0.~91% 47.65 To~al Assessment ~05.35 I 41%06 597.76 I 749. 84 344.84 I 1, IM. 4~ 738.40 I 869.~ 755.64 ~ 1,288.41 14-0.08 : 17/. 11 112.60 I 194.93 191.69 : 1, I03.73 185. O~ I a14.98 5~. 15 ; 21%67 ~9.54 ; 65.51 535.64 : 634.90 1,P..3% ~ I 1, ~3. 76 89.01 | 184.86 393.~ I 1, O~f. 83 357.58 I 544.60 ~B5. 17 I 5~3.~6 170.79 I 319.63 4~5.45 ~ I, L~a4.44 2, 6a5.18 I 3,318.~ 716. 65 I 779. 14 9..la. ~5 I 1,735. Z7 450.12 I 547. 26 864.9~ I 3,061.~ 1~.~ I 3,31B. 01 ~1.32 I ~ 151.86 ~1.58 I 1,085.~9 ~?.76 ~ 111.al 590.10 I 710.63 33.45 ~ 56.~ ~, 9~4.6~ I 30,174.~ 5c~.44 I 1,131.85 1,~lB. 30 I 1,324.14 7Sa. 68 I I, 545. O0 ~78.14 I 746.04 214.71 I PP7. 05 1,368.05 I 2,484.89 PI0.68 I 4a1.% 105.11 : 133.50 531.3'9 I 6a9.17 21~.73 : 288.11 1,160.94 I 1, PAg. 4~ 5, 6..~. 58 I 11,718.10 Co~e Cfly TIF TIF ;tqv P~qV Tota! Fa~or A~es~en~ Faclor Aises~men~ Assessment ~ou~y 217 JOR~lq~ ~shington County ~5 FOR~T LPgE Benton ~unty 451 ~ ~1~ EaCh ~ty 511 ~ 51~ L~ CR~T~ 514 ~ 515 ~ ~ ~un~y ~ss ip~ lO? ~ CI~ Clay ~ty ~ ~nty ~uglas ~1 ~RIA ~1 ~IS (~) Fari~ul% ~7 1~ ~I~ (~) 1~? P~ST~ 1~ ~O~ CI~ F~ 1~9 1069 ~n ! ~ County 110~ CA6~N FPiLS 1105 K.~ON II07 PI~ ISL.c~KI) 110~ RE]] WINS (j'T) 0.0465% ~4.1~ 0.0~ ii. Sa O. Sal~ .278. B9 O. ~5&1% 13A.99 1.3507% 7~.~ 0.~% 0.~8% ~.91 0. I~ 0.~ 15.~ 0.~ 18.01 0.~1~ liB. 70 0.~1~ 0.~ 0.~ ~.74 0.~1% ~?.~ 0.~1% ~.~ 0.~ ~ 0.~7~ 14.~ 0.~ 1~ O.O?~&% ~.~ 0.~16% 16.93 0.~% ~1 0.~ I.~ 0.~1% 0.~% 14.18 0,31~% 1~.I1 0.~ 1.19 0.~% 1~16 0.~ 0, I0 O. IOIG% ~.~ 0. I~ ~.~ 0. I~ ~.~ 0.~1% 0.~1% ~1.~ 0, G~1% ~1.I5 0.01~ 9.81 0.~ 19.~ 0.~% ~ 0.~% O.~IA% 0.~ 0,~% 1~ 0.~ 1.~ 0.~ 1~91 0.01~ ~ 0.~ ~.~ 0.~31% 1.~ 0.~ O. ~ O. A3 O. 0.~15% 0.81 0,~ 14.~ 0.~1% 49.27 0.~% IG.~ O. 04~% O. ~.~ 0.5182% 277. ~1 1. ~8 O. O106% ,5, 67 O.O~l~ ~!.B~ 0.0~ 50.9'/ O. 00~7% 2.51 O. 037L:'% 19. gl O. 0a33% 12.48 0.0551% ~.~ 0.~ ~51.I0 1.1554% 61B. l~ I 8~.0~ I 78.~ | 4~.71 41.96 1110 Houston County 1170 LA TIF T[F ~ ~ Factor P~s~ssment Factor Assess~mt 0.0855S 4~.3~ 0.0~ 37.0S O. Oc~f~C I4.0~ O. 0~70~ 4~.~ O. 00~7'/. 4.[~ 0.(X)94% 0.001~ 0.~ 0.~1% 156.7~ O. 04~0~. ~.~ 0,05%% ~.~ O. OOP.~ 1.~1 0,005~ 0,0~5~ 18.~4 0.0167% O. 3~,5~ 1~]5 0.45~ O. 0017~ 0.~ O. 0~&5% 1~. 10 0.0~16% ~ O. 05c5% ~ 10 0.0016% 0.~ 0.0441% P.3.59 0.~ ~ 0.0404% tl.~ O, Ii13% 71.31 0.0~51% ~.~ O. OEx%% ~.~ 0.0~13I 11.38 1.~10% ~4~. ~ 0.~5?~% 0.1505% ~.~9 O. 1P,83Y, ~.~ 0.&178% ~.~ 0.~15% 171.~ O. OIE~)% 5.~ O, 34~9% IB6. M O. Ol~J'/% 10.53 O. 01F:ZY/, 8,57 O. 0443:r. P,.l.~ 0.~% 0.01~% 7.43 O. I~,5~ i~.41 0.0~7~ 14.~ 0.0151% 0.04~ ~.~7 O. 04~'~ ~.14 O. 4F=~8% ~:~0. 81 0.~7'/% ~.~ 0.0163% 8,71 0.5~LS~'X 313.11 0.~ P..78 O. OIGO% 8.57 0,0E:~6% 3S. 70 0.~% IA3.09 0.0151~ ~.0~ 0.01~% 9.91 O. Ot-7~ ~0.~7 0.~7~2~ 145.63 0,0~'/4% 14.68 O.(k3L:~% 17.10 Total Assessaent 63.41 I 147.09 I ~.19 | 71.7~ ~5.00 3:5.00 IBP.. 01 t/!2. ~1 193.04 ~.00 37.87 A~J. 11 L~7.7~ ~.00 ll~19 ~.00 ~5.00 Code Ottert~il County ~IGO FERSUS FALLS Pine County Pipestone County ~?&O PI PESTC~ Polk County ?.t51 CRB:~ST~ Red L~ke County IL~dwood County ~4F:J Ih~3OO FALLS 2~9 ~ 6RIflE ;~ville County ~511 F,.IVlR Rice ~ ~RRI[~.LT ~527 ~RRISTC~ Rock Cotmty Louis :ou~ty ~7 ILLUTH ~/1! IrOL~kTRIH IR~ ~71~ PP~CTOR ~15 VIRSI~I~ Sherburne County 5iblry ETTO ~YLDR~ Stearns County E~3 ST D. J3J5 (yr) St~le County ~71 595 C~KIO ~S8 ~DRRI$ 7 av~ ~ty 3~0 BP~S V~L!.EY County TIF TIF (~ ~ Fl~or A~ment F~tor As~s~nt 1.3301% 7~7Z 2. E~84% 1,419.05 O. ~519~ ~7.74 O. 0S58% 51. ~ O. 015~ L ~3 O. 0c~53t 0.0~10% 11.23 O. 0~56% O. I1GG% GP_.39 0.1561% O. 043~% ~3.10 O. 0~% 0.0368% 19.67 O. 14~0% 0.0017% O.~B 0.014~ O. 01~7% I0.5~ O. ~ O. 3439% 153. ~9 O. ~034% 0.0017% 0.89 0.011~ O. 0958% 51. ~4 O. L~gl O. IB31% ~.~5 O. 107~% O. 0c~%% 15. ~ O. O. 031~ 17. O~ O. O. Ob-T~ : 31.% 0.0350% O. 000~% O. ~ O. OlO~lC O. OQI~ O. L5 0.0614% O. 10~7% 50.70 O. 10~t~% O. ~4)~ 311.91 1.~103~ O. 00~31 1.P.3 O. 041E~ 0.~ 13& 13 O. 49~5% 0.001~% 0,53 O. 007~% 0.039~ ~0.95 0.0944~ 0.0951% 50.90 0.1705% 91.23 0.01~5% 9.~? 0.0096% Total ~, 16!.W 13.53 ~t. 5! I lAS. 9Q 13.03 : 36.13 IiL47 | g. 3t : ~5.00 159.90 I 211.14 17. T5 ~ 35.00 ~43.9A I P-t 137. 15 45.~ : 86.41 ~0.00 t 30B.~ ~.5~ I 35.00 123. 10 I 317.34 :L~ : 35.00 50.~ ~ 71.47 15.)1 : 66.~1 P~. E'9 ~ 1!9.51 ~.16 : 35.00 TIF TIF P, qV (:~4 'Iot&l 3O86 WALb3 RF 28? W~ War c,~an County 3110 Wilkin 31~ Wi~ 31~ WI~ ~i~h~ ~y ~17 ~I~ ~18 ~. 3a19 I)l~'lrAl.O 3a~l CIIiATU ~P.~ I>-D. AVO 3~7 K)N'FlrJ~ t n 3~ ~)C~FO~ (~) Yellow )~edicine ~unty 32~ cLq{~FIn n 3~ 6R~ITE FALL9 (i'D 0.0017% 0.91 0.~% 0.~ P-.].~ 0.3% lal. ll 30.24 0.04,35% ~.7~ 0.03471 l&~ O. 05'90% 31.5~ 0.0008% 0.4~ 0.0519% 2?.77 O. 2877% 153, 94 O. 59~% 319.07 0,0~% 1~.51 0.0165% 8.83 0.1394% 74.60 0.0~ 43,96 50.18 3~.00 473. Ol 35.00 61.31 80.44 ~ 07 35. OO 107,674. LEAGUE OF MINNESOTA CITIE,~ 183 University Ave. E. St. Paul. MN 55101 (612) 227-5600 No. 3457 SHIPPED 'TO ...... F_r'anc~.e...C .... £! a.~k City Clerk 5341' Maywood Road Mound, Minnesota 55364 _J L. ,~'~ [DESCRIPTION I PRICE AMOUNT /oluntary assessment for special League of qinnesota Cities/NAHRO Tax Increment Finance o Study and Lobbying Effort ~ 205.60 Amount Due by December '1 THANK YOU CITY OF. MOUND Mound, Minnesota NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP FOR LOTS 1, 2, 3, 4 AND 5, BLOCK 11, LAKESIDE PARK, A. L. 'CROCKER'S 1ST DIVISION; PID ~ S 13-117-24 32 0144/0145 NOTICE IS HEREBY GIVEN that on Tuesday, December 10, 1985, at 7:30 P.M., a public hearing will be held at the Mound City Hall, 5341 Maywood Road,'Mound, Minnesota, to consider a proposal'to amend the Zoning Map, Mound Code of Ordinances, by removing the following des- crlbed parcels from "Two Family Resldential (R-3)" Zoning District and adding said parcels to "B-I' Central. Busines's" Zoning District: PID # 13-117-24 32 O144 - Lots t,2,3 and 4, Block Il, ~"Lakeside Park; A.L. Crocker's 1st Division, Mound, Minnesota" except that part of said Lot I lying'North of a line drawn..parallel to the Southerly line of said Lot 1 from a point in the East line of said Lot, which points to lO.feet Southerly'of the Northerly corner thereof, and to a point of its intersection with the Westerly line of said Lot or the Southerly line of.Church Way; also except that part of said Lot'2 lying'West of a line parallel to the East line or'said Block 11 and begi'nning at a point on the South line of said Lot 2, .50 feet West of the Southeast'corner.of said Lot. 2; also ex- cept that part of'Lots 3 and 4 lying Southerly of a line beginning at a point on the East line of said.Lot 3 14.73 feet North of the Southeast corner-.thereof; thence Southwesterly along said line to a point on the West line of said Lot 4 to a point 2.90 feet South of -the Northwest corner thereof and terminating. PID # 13-117-24 3~ 0145 - Lots 3, 4 and 5, Block 11, "Lakeside Park; A. L. Crocker's 1st Division, Mound, Minnesota", except that part of Lots 3 and 4 lying northerly of a line.beginning at a point on the east line of said Lot 3, 14.73 feet north of the southeast corner thereof; thence southwesterly along said line to a point on the west line of said Lot 4, 2.90 feet south of the northwest corner thereof and there terminating. Parcel,.are South 6f Church Road and West of Fern Lane. All persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, City Clerk Publish in The Laker November 25, 1985 CITY OF MOUND MOUND, MINNESOTA ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS: 1986 DIESEL POWER SII~OLE AXLE 31,000 GVW WITH PLOW, WING, DUMP BODY AND SANDER The City of Mound hereby solicits bids for the purchase of a 1 986 Diesel Power Single Axle 31,000 GVW with Plow, Wing, Dump Body and Sander. A complete set of specifications is available from the City Clerk, City of Mound, 5341 Maywood Road, Mound, Minnesota, 55364 or 612/472-1251, ask for Joyce. Sealed bids will be opened and read aloud at 10:00 A.M., Monday, December 9, 1985, by the City Clerk, City of Mound in the Council Chambers at 5341 Maywood Road. C.t. Francene ¢. C.]ark City clerk Publish in The Laker November 18, 1985 Construction Bulletin November 2 2, 1985 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of January, 1986, by and between the City of Mound, State of Minnesota, a municipal corporation, hereinafter called the "City", as party of the first part, and Edward J. Shukle, Jr. hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, City desires to employ the services of said Edward J. Shukle, Jr. as City Manager of the City of Mound, as provided by Minnesota Statutes Sections 412.601 to 412.751, Statutory Cities, Optional Plan B; and WHEREAS, it is the desire of the City Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when the City may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as City Manager of said City; -1- NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties City hereby agrees to employ said Edward J. Shukle, Jr. as City Manager of said City to perform the functions and duties specified in M.S. Sections 412.601 to 412.751, and in any other rules, regulations and policies of said city, and to perform other legally permissible and proper duties and functions as the Council shail from time to time assign to him. Employee agrees to perform such duties and functions. Section 2. Term A. Nothing in this agreement shall prevent, limit or other- wise interfere with the right of the City Council to terminate the ~ervices of Employee at any time, subject to the provisions oo set forth in this agreement. B. Nothing in this agreement shall prevent, limit or other- wise interfere with the right of the Employee to resign at any time for his position with the City, subject only to the provision set forth in this agreement. The term "services of employee" shall not be construed to include occasional teaching, writing, or consulting performed on employee's time off. Section 3. Suspen'sion City may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if: -2- (1) a majority of the City Council and Employee agree, or (2) according to Minnesota Statutes, Section 412.641, since the manager shall be appointed for an indefinite period and he may be removed by the council at any time, but after he has served as manager for one year he may demand written charges and a public hearing on the charges before the council prior to the date when his final removal takes effect. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the City or the Employee is asked either formally or informally to resign, and the Employee is willing and able to perform the duties of the City Manager, the City agrees to give the Employee 90 days notice, except said notice provision shall not be applicable if the Employee is convicted of any crime involving moral turpitude. B. In the event the Employee voluntarily resigns his position with the City, the Employee agrees to give the City a minimum of 45 days notice in advance of his date of leaving employ- ment. C. Severance pay shall be paid ko the Employee per Section 18 of the City's Administrative Code. Section 5. Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity of health for a period of four successive weeks beyond any accrued sick leave, or for twenty working 3o8 / -3- days over a thirty working day period, City shall have the option to terminate this agreement, subject to the severance pay requirements of Section 4, paragraph C. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 6. SalarX City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $38,600, payable in install- ments at the same time as other employees of the City are paid. In add'ition, City agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other" employees generally. Section 7. Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City and Employee. Said criteria may be added .. to or deleted from as the City Council may from time to time determine, in consultation with the Employee. -4- Section 8. Hours of Work It is recognized that Employee must devote a gregt deal of time outside the normal office hours to business of the City, and to that end Employee will be allowed to.take reasonable time off as he shall deem appropriate during said normal office hours. Section 9. Moving Expenses City shall reimburse the Employee $2,000 for expenses incurred in moving Employee from Benson, Minnesota, to Mound, Minnesota. Moving expenses shall include packing and moving his family and his personal property, related travel expenses and insurance charges. -. SeCtion 10. Automobile Employee shall have use of a City automobile or wi]] be reimbursed at the rate of·$.22 per mile for use of Employee's personal automobile to '. conduct City related business. City shall be responsible for paying liability, property damage and comprehensive insurance and for the purchase, operation; maintenance and repair of a City owned automobile. Section 11. Vacation and Sick Leave As an inducement to Employee for him to become City Manager, at signature hereof, Employee shall be credited with 5 days of vacation leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation leave per Section 16 of the City's Administrative Code. Sick leave shall accrue per Section 17 of the City's Administrative Code. -5- Section 12. Disability, Health, Life & Dental Insurance Employee shall receive disability, health, life and dental insurance per Section 14 of the City's Administrative Code. Seotion 13. Retirement City agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for City's participation in said ICMA- RC retirement plan in lieu of Public Employee's Retirement Association (PERA) plan. Section 14. Dues and Subscriptions City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City. (as approved by the City Council) Section 15. Professional Development A. City hereby °~grees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, including but not limited to the Annual Conference of the International City Management Association (except in 1986), and other functions as approved by the City Council. -6- Section 16. General Expenses City recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses in the manner p~ovided for City employees generally. (as approved by the City Council) Section 17. Civic Club Membership City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of one such civic club or organization, with City's concurrence, for which City shall pay all expenses. (as approved by the City Council) Section 18. Indemnification City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether 'groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager. City will compromise and settle any such claim or suit and pay the amount of.any settlement or j~dgment rendered thereon. Section 19. Bonding City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 20. Other Terms and Conditions of Employment A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the per- formance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, or any other law. B. All regulations and rules of the City relating to vacation and sick leave, retirement, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of City, in addition to said benefit$..enumerated specifically for the benefit of Employee as herein provided. Sec%ion 21. No Reduction of Benefits City shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across- the-board for all employees of the City. Section 22. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: (2) EMPLOYEE: -8- Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 23. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the bene- fit of the heirs at law and executors of Employee. '~ C. This agreement shall become effective commencing January 1, 1986. D. If any provision, or any portion thereof, contained in ~.. this agreement is held unconstitutional, invalid or unenforc¢ able, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. $o3 p IN WITNESS WHEREOF, the City of Mound has caused this agree- ment to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. State of Minnesota ATTEST: .'. City Clerk (Seal) APPROVED AS TO FORM: City Attorney -10- CITY OF HOUND APPLICATION FOR BINGO PERHIT DATE October 24, 1~85 Name of Applicant Mound Aux. Fire Department (If an organization, give organization name) Address 2415 Wilshire Blvd. Phone # 472-3555 3. Bingo Manager (Name) Address 4. Address of where Bingo will be played 2415 Wilshire Blvd. Joyce Nelson 2025 Shorewood Lane Mound, MN Mound, MN 55364 5. Dates and Hours Bingo will be played 7:30 to lO:O0 P.M. November 19, 1985 *Note: Attach separate sheet if more room is necessary Is License Fee attached? Yes No × Amount Fidelity Bond: a. Amount b. C. to he waived Name of Bonding Company Expiration Date of Bond (*Minimum $10,OO0.) Fraternal, religious, veteran and other non-profit organizations may request the Bond to be waived. Please indicate below if you are making such a request. to be waived Si ur~)of Person Making Application CERTIFICATE OF APPRECIATION WHEREAS, Herman "Buzz" Kraft has served the'City of Mound as a Police Officer, beginning in 1964 as a part time employee and continuting from 1970 as a full time employee; and WHEREAS, the performance of his duties and responsibilities and his working relationships were always characterized by an obvious dedication; and WHEREAS, Buzz Kraft has'now announced his plans to retire and is being honored by friends and co-workers, who are deeply appreciative of his many contributions to the community through the years. NOW, THEREFORE, BE IT RESOLVED by virtue of the authority vested in me as Mayor, and on behalf of the City Council and all our citizens, I do hereby present this Certificate of Appreciation to Herman 'lBuzz" Kraft for his years of dedicated service to the City of Mound Police Department. Adopted by unanimous vote Of the City Council on November 12, 1985. Mayor Attest: City Clerk SUI URI AN RATE AUTHORITY October 28, 1985 MEMBERS BLO<~)MINGTON BROOKLYN CENTER BROOKLYN PARK BURNSVILLE CHAMPLIN CIRCLE PINES COLUMBIA HEIGHTS DEEPHAVEN EDEN PRAIRIE EDINA EXCELSIOR FRIDLEY GRE.~NWOOD HASTINGS HOPKINS LAKE ST. CROIX BEACH LAUDERDALE LORETTO MAPLE PLAIN MAI~LEWOOD MINNETONKA MINNETRISTA NEW BRIGHTON NORTH ST. PAUL ORONO OSSEO PLYMOUTH RICHFIELD ROBBINSDA LE ' ANTHONY LOUIS PARK SHAKOPEE SHOREVlEW SHOREWOOD SPRING PARK VADNAIS HEIGHTS VICTORIA WAYZATA WOODLAND Mayor Robert Polston City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor Polston: In 1975 and in 1976 several cities joined the Suburban Rate Authority for the purpose of intervening in a Northern States Power Company electric rate case before the Public Utilities Commission. The purpose of that effort was to assist the Commission in establishing proper electric rates. On August 1 of this year NSP filed a petition with the Public Utilities Commission asking for an i~crease of $129,000,000 per year. The request of residential users is an increase of over 15% in the electric rates. The Suburban Rate Authority Board of Directors has committed $20,000 to the joint effort, as has the City of St. Paul. Several other cities served by NSP have expressed an interest in supporting the case. The SRA Board has asked me to correspond with the mayors of those cities which participated in the first rate case with the purpose of asking them to again participate. In the first case, a contribution of 10 cents per capita was requested. Because of the broader support in the present case, I suggest that 5 cents per capita is sufficient. The broader our base of support is, the more effective we can be. We hope you will consider supporting our effort to keep electric rates as low as the circumstances warrant. I enclose a draft resolution for your use. I will be pleased to answer your questions. You may reach me at (612) 425-1950. You may also direct your calls to SRA counsel, Glenn Purdue at LeFevere, Lefler, Kennedy, O'Brien & Drawz in Minneapolis, at (612) 333-0543. Very truly yours, Graydon R. Boeck Chairman GEP/md Enclosure 2000FIRSTBANKPLACE WEST- MINNEAPOLIS, MINNESOTA55402 · (612) 333-0543 RESOLUTION REQUESTING THE SUBURBAN RATE AUTHORITY TO ACT ON BEHALF OF THE CITY OF ( ) IN ELECTRIC UTILITY RATE REGULATION 5~TTERS AND AUTHORIZING THE PAYMENT OF SERVICE CHARGES THEREFOR WHEREAS, the City of has determined that it is in the public interest to cooperate with other munic- ipalities in a joint effort to insure that municipal interests and the interests of consumers of electricity be adequately and effectively represented in the present NSP rate case which is before the Minnesota Public Utilities Commission, and WHEREAS, there now exists an organization of municipalities in the Twin Cities Metropolitan Area, known as the Suburban Rate Authority, which has had considerable experience in utility rate regulation, and WHEREAS, the Suburban Rate Authority is authorized under its joint powers contract to conduct rate investigation and par- ticipation in rate regulation matters on behalf of non-member municipalities at their request and upon such reasonable con- ditions, including payment of cost of service, as may be imposed by its governing body: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF , MINNESOTA, AS FOLLOWS: 1. The City Council of the City of , Minnesota, hereby requests the Suburban Rate Authority to partic- ipate in electric rate regulation proceedings before the Public Utilities Commission relating to the public rate filing. 2. If such request is approved by the Suburban Rate Authority, the City of agrees to contrib- ute reasonable costs for such service to the Authority in an amount of not less than $100 nor more than $10,000 based upon a computation of $.05 per capita, said pa~ent to be made no later than 60 days after approval of this request by the Authority. 3. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Chairman of the Suburban Rate Authority. CERTIFICATE OF APPRECIATION WHEREAS, Herman "Buzz" Kraft has served the City of Mound as a Police Officer, beginning in 1964 as a part time employee and continu~jng from 1970 as a full time employee; and WHEREAS, the performance of his duties and responsibilities and his working relationships were always characterized by an obvious dedication; and WHEREAS, Buzz Kraft has now announced his plans to retire and is being honored by friends and co-workers, who are deeply appreciative of his many contributions to the community through the years. NOW, THEREFORE, BE IT RESOLVED by virtue of the authority vested in me as Mayor, and on behalf of the City Council and all our citizens, I do hereby present this Certificate of Appreciation to Herman "Buzz" Kraft for his years of dedicated service to the City of Mound Police Department. Adopted by unanimous vote of the City Council on November 12, 1985. Mayor Attest: City Clerk BILLS ...... NOVEMBER 12, 1985 Batch Batch Batch 854103 ..... Computer run 854104 ..... Computer run 854105 ..... Listed below dated 11/5/85 dated 11/6/85 Total Bills Assurance Glass Co. Jan Bertrand Gerald Babb Bryan Rock Prod Holly Bostrom Copy Duplicating Duanes 66 Glenwood Inglewood GFB Trucking Stephen Grand Lowells Long Lake Ford Mpls Health Dept MN UC Funds MacQueen EqUip Metropol Fire Equip MSA Metro Fone Minnegasco Modern Roadways John Norman No Star Waterworks No Star ICBO Joyce Nelson Neenah Foundry Precision Busns Syst Pitney Bowes Credit Tom Rockvam Spring Park Car Wash . St Cloud Univ Mike Savage Sargent-Sowell Saliterman LTD SOS Printing Stevens Market Streicher Guns Tom's Jack Service Town & Country Foods Tim & Toms Home Ent. Tri State Drilling Thurk Bros Chev Thrifty Snyder Drug Unitog Rental Dale Vaugn Van Doren Hazard, Stal Water Products Westonka Sanitation Windshield-unit 13 ICBO mtg exp. Conv registr. Oct rock Clean City Hall Copier exp LP gas Oct water coolers Chains/binders School exp Oct parts Auger rental Lab tests Unempl Comp Radiator cap Hurst tool balance Spectacle kit Pager rental gas Asphalt Avon Park MFOA Conf exp Repair Clamp Dues Water School exp Adjusting rings Ribbons & tapes Checksign kit-Oct Remove Dock Oct car washes Drivers Train Courses Coveralls Signs Nov rent ~orms, appl'ic, envelop Council supplies Inking Suppl, brackets Repair Mall Fire Dept Supplies Tapes Rebuilt shaft Oct mirrors, Filters Film Oct unif rent Temp Help-Police Sept Consult. Curb stops July-Oct Park Pickup 78. O0 24.46 80. O0 89. O4 177.00 15.00 ll .00 91.00 1OO .00 38.14 308.97 25.00 65.00 ,400.37 20.76 783.OO 52.20 35.4O 295.03 9OO. O0 67 .'84 58.16 25.00 16.78 1,064.54 74.99 26.00 154.O0 94.25 162.00 51.98 41.94 ,308.54 532.10 164.12 44 O0 21 45 41 2o 6O O0 757 84 6o 6o 51 94 346 67 137.5O ,326.25 175.92 340.00 lO0,156.80 38,523.36 20,308.78 158,988.94 Page 1 of 2 Bills ...... November 12, 1985 (continued) Widmer Bros. Inc Highland, GlenEllyn Xerox Corp Equi-p pymts & Maint Coast to Coast Oct supplies Marina Auto Supply Oct supplies Navarre Hardware Oct supplies N.S.P. Oct electricity PDQ Food Stores Oct gasoline Suburban Ti re Ti res D.J.'s Sand Black dirt Caterpillar Tractor Manuals Int Inst Munic Clerk Certification fee 334.13 378.19 446.27 491.71 105.91 3,950.13 1,288.22 1,293.74 142.5O 18.00 65.00 20,308.78 Total Bills 158,988.94 page 2 of 2 Z Z :> .J.,J ZZ .J Z ~0 0 bJ oo ~ Z Z Z 0 ZZ ~.. ~,- O0 >-3,- ~,- I-' Z 0 ~ ~o~ O0 O0 ~ ~o~ oo oo oo Z 0 h 0 >.. I'-- Itl I,-. .-,r Ltl I.d I- Z tJ z ZZZZZZ ZZZZ zzzz ZZZZ ZZZZZ t~J Z 0 0 ~ -r- ,...- I-- Ltl Z Z 0 OZOZOZ OZOZ OZOZ 0 z LU Z ~ ZZZZZ J 0o000 Z 0 r Z r~ o ? ZZZZZZZZZZZZ ZZ ZZZZ ZZZZZZ Z 0 I~1 -I._/._1 I-- I- I- ZZZ 000 0 z n,.' ~J 'r' Z 000000000000 000000000000 oV7 Z 0 O30303 000 ,-,, Z '~'Z''~ 000 ZZZ 000 LUbJ ZZ Z Z ILl Z Z 0 r' o .J 0 'z 0 0 Z ZZZZZZZZZZ 0000000000 I Z uJ Z 0 f- W Ld --I Z I- o Z Z 0 I- Z -I ~U '1- 0 o ,r 0 LU --I O0 X I- 0 0 0 t~ LIJ Lq I I-- Z 0 Z 0 b- O I-- LU N o Z 0 X W 0 -I n- o L~ Z 0 O3 W 0 X W J .J W 0 W ZZZ 000 Z o o~o~ W Il. 0 Z Z 0 Z o I .J I.- Iii LI.I Z 0 n- W I-. I,- ZZ ww I.-I- ZZ W >- 0 .d h W W 0 Z X 0 ..J 0 Z 0 0 n 0 -J w W 0 W 0 .d ! ;-- 0 0 ~n bJ 2oo / PIP1 e Oo o o oo 0 c.., Z m .-4 t~ Z m i"rl -4 o -ar 0 ..~ t~ 0 Z N Z z 0 Z ~> 0 .=4 Z Z --< 0000000000 IIIIIIIIII ~ZZZZZZZ~Z ZZZZZZZZZZ 0000000000 0 ~U =q m z o fq m ffi 7, -4 I o I u~ I o 0 Z -t Z o Z 0 ~n L~ 0 ~ Z ~J ~J Z Ln o Ld ~ 0 ~1 Ld o~ 'PURCHASE PROPOSAL' PUBLIC WORKS BUILDING .. ~ mou~ c~ co~ct~ il. Facility .- II!, Financial IV. Site Plan November 8. 1985 City of Mound 5341 Maywood Road Mound, MN 55364 Attn: The Honorable Bob Polston and the Mound City Council RE: PUBLIC WORKS BUILDING PROPOSAL Dear Mayor Polston and City Council: Pursuant to our conversation with the City of Mound staff on 10-29-85 we provide the following proposal which we hope will fulfill the City of Mound's current space requirements. Within this proposal financial and facility outline information is provided. Upon review of this proposal, your comments will be gladly welcomed to further refine items within this proposal that need clarification. As you are aware, Balboa MJnnesot~ Co. is currently the fee simple owner of the Tonka. Redevelopment project inclusive of the referenced lots for the proposed Public Works Building construction. This proposal includes a facility of approximately 18,508 square feet with exterior on site S(orage (variance required) of appriximately 20,000 square feet. In addition, as an option, this proposal includes a cold storage facility area of approximately 8,710 square feet. The facility would be constructed, subject to appropriate government approvals, hopefully with occupancy within 120 days. We appreciate the City of Mound's urgent space requirements as of this date, and we will work as rapidly as possible to facilitate your goal of relocating within a new facility in the near term. As we proceed through this proposal process, please comment and contact me at your leisure at (612) 944-2053. Thank you for the opportunity to present this proposal and the specifics herein, we look forward to your positive response in the near future. Sincerely yours, Scott R. Anderson President S.K. Anderson Brokerage, Inc. PUBLIC WORKS BUILDING FACILITY This proposal includes the following allowances with the purchase price and or lease rate structure. A. New Facility Basic Building - 8,508 square feet Option I Item Site work, including: Excavation, back filling, gravel base, bituminous surfacing, fencing Concrete and precast concrete Masonary Steel and Miscellaneous Metal Wood Moisture Protection Door & Windows Finishes Specialties Equipment Conveying Mechanical Electrical Estimated Construction Costs + 10% Profit, Overhead + Contingency Allowance 94,370.00 176,230.00 34,285.00 13,924.00 4,394.00 56,580.00 28,000.00 28,163.00 6,000.00 14,648.00 17,023.00 59,510.00 47,693.00 638,902.00 Estimated Design Fees (6.8% of the total) Estimated Inspection Fees (2.5% of the total) Total Project Costs 43,445.00 15,972.00 $698,319.~~ ! ] B. Future Cold Storage Addition 8,710 square feet Option II Item Site Work Concrete and precast concrete Steel and Miscellaneous Metal Moisture Protection Doors & Windows Finishes Mechanical Elcctrlcal Estimated Construction Costs + 10% Contingency Estimated Design Fccs (6.8% of Total) Estimated Inspection Fees (2.5% of Total) Future Cold Storage Area Additional Total Project Costs Option I Option II Grand Total Total SquarcFcct 27,218 Cost per square foot 4,136.00 83,667.00 2,154.00 33,579.00 2,843.00 7,410.00 14,217.00 11,957.00 175,837.00 11,957.00 4.396.00 192,190.00 698,319.00 192,190.00 $890,509.00 $32.72 The following business terms are applicable to this proposal: Option to Purchase Price: Thc purchase price of the facility shall bc equal to an amount of' ten (10) times thc annual rental of the facility or in ),ear 1, $890,509.00. Annual Lease Cost: Option I Option II 69,$31.00 5,819.25 Annual Cost Monthly Cost 89,050.00 Annual Cost 7,421.00 Lease Term: The term of thc Lease is ten years,commencing on the date ten days following the architect's certification of substantial completion or on the first day the City of Mound first occupies any part of the facility. In addition a C.P.I, increase will be added to the Lease cost annually, commencing in the 12th lease month. Options to Renew: Two five year renewal options will be included with the Lease. These options to renew shall be at the rent as set forth below and the rent as adjusted by the change in the Consumer Price Index (C.P.I.) calculated from the date of occupancy to the date which the Lease expires. Balboa Minnesota Co. is an involved and concerned working partner with the City of Mound and the surrounding community. We make this statement with pride, and we believe our current redevelopment efforts of the former Tonka Corporation facility demonstrates our commitement to cooperation.. We believe the proposed building of a new Public Works facility is yet another example of Mounds' involvement in community growth. When first contemPlating building the City of Mounds' Public Works facility, Balboa, together with city staff, identified various needs and concerns. By working as a team we are convinced that this facility can be developed as economically and as rapidly as possible to facilitate the space requirements. It is our goal to present to the City of Mound a proposal which reflects an understanding of your unique needs and concerns. This proposal, complete with facility and financial pages has been prepared by a development team of professionals associated with the redevelopment of the Tonka facility and familiar with the community and citizens of Mound. It has been our great pleasure to present this proposal to the City of Mound and its citizens. .' 1 METROPOLITAN TRANSIT COMMISSION $60-6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349-7400 October 30, 2985 Ms. Fran Clark Acting City Manager City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Ms. Clark: I appreciate this opportunity to bring you an update on ~FFC's plans for 'bus service to Mound. MTC will be changing the Route number to "75" and routing rush hour trips via the interim express lanes for buses and carpools on U.S. Highway 12. Three versions of Route 75 will serve you beginning Saturday, December 28, 1985. o Route 75-S - From the Post Office via County Road 15 to Commerce Boulevard to Bartlett Boulevard to Wilshire Boulevard to County Road 15 to County Road 51 to County Road 1~ (Crystal Bay) to Wayzata (connection point to Route 51 - Ridgedale - Minneapolis) and then via Highway 12 express lane to downtown. o Route 75-T -From 3 Points Boulevard and Heron to Commerce Boulevard to County Road 15 to Wayzata and then via route identical to Route 75-S o Route 75-E - Identical route to Route 75-T then non-stop between County Road 15 at County Road 51 (Crystal Bay) and downtown via Highway 12 Bypass. The frequencies of Route 75 are as follows: AM/PM MID- SUNDAY/ ROUTE# RUSH DAY EVENING SATURDAY HOLIDAY 75-S 30 min. 120 min. .120 min. 120 min. 120 min. ?5-T 30 min. 120 min. 120 min. 120 min. 120 min. 75-E one trip Total 75 15 min. 60 min. 60 min. 60 min. 60 min. A map of Route 75 and Route 51 are attached for your reference. Non-rush hour Route 75 - "Local" buses will run as shuttles between Mound and Wayzata where they will connect to Route 51. blTC staff will investigate the idea of a bus route connecting County Road 44 and Mound Post Office via County Road 110 if a large number ofk, requests are received from area residents, and if the City of Mound appropriate parties can design a safe and / working with and other effective bus turn around at the intersection of County Road 44 and~ County Road 110. --/~ Page 2 October 30, 2985 If you have any questions, please call me at 349-YYY3. I would welcome inquiries from Mound residents. Watch for the news letter describing the changes in your mail in early December. Thank you for your interest. Sincerely, Transit Planner MTC Service Planning ~ Scheduling Section JD/p31 C-9 --I '~ ~? '~,~/ MINNEAPOLIS 2nd 4VE. N.~~ T. H. 100 ~RNERS CROSSRD~ Route 9 VERNON AVE. GOLDE~ VALLEY ST' LOUIS PAR~ LOUISIANA AVE. Route 36 FORD Route 75 RIDGEDALE DR ~ ~ 0 ~>~ ~ ~ M TH RD. 1-494 ROUTE PARK & RIDE LOT i ROUTE 51 T.H. 100 ~ G. ~ LOUJSlANA AVE. _a CO. RD. ~8 · M ' Route 5 1 ~ i MINNETONKA P~MOUTH ~O. =~ ~4" ~ TRANSFER CENTER ROUTE 75 PEAK PERIOD ONLY EXPRESS ROUTE ,IIBIBI LOCAL ROUTE ~lllllll PEAK & OFF PEAK PERIOD LOCAL ROUTE ~ PARK & RIDE LOT HWY. 12 BUS STOP ROUTE 75 EXPRESS '75 LOCAL LabOr Dcpt pUlis, :,~.::~LE.~,"2 ~,.[L~'~.~, ~ -~*'~' " ~ .......:"-~ '~' * " Ho6se and Senate conferees gave proval last-.Thursday to legislation-in-. tended to mitigate the'i~npact Of the Su- preme Court's Garcia .t~._ San.',Antonio' Metropolitan Transit.~~ Authority decision- extending the Fair Labor Standards Act. '(FLSA) to dries. F'mal passage by the full -House and S~nate is expected with. the bill then going to President Reagan ,--signing in the next few days.. '- '~ In light of congressional action; Labor Secretary William Brock'announced last Friday gat the Department of Labor will not take any action to enforce FLSA. on cities. -· - The majdr issues resolved by conferees last Thursday were the legislation's anti- discrimination language and comp time banking provisions. :. · The conference .took place after the House unanimously approved compro-' rnise legislation on Oct. 28, 1985.,:- >SEongly supporting .the inter~s_ts.~f dr-.. les in conferenc~e were Senators On-in 'Hatch (R-Utah), chairman of the Labor and'Human Resources Committee, Don Nickles (R-Okla.), chairman of the labor subcommittee, and Pete Wilson (R- Calif.). Sen.' Wilson; a strong champion of the cities' cause, play.ed an active role in the conference even though he was not an official conferee. Strong support_.was also pro_~_d_ed_.b_y number of House conferees, indu.ding ' Rep. Steve Bartlett (R-Tex.)', James' Jeffords (R-VL), and Thomas Petri Wis.). ~. ".: .'~ .-' NLC Preside'hr Mayor'Georg~ . ¥oinovich thanked Sens. Hatch, Nickies, Wilson, and Metzenbaum for their efffons . in en_suring that the_conference came to a successful' conclusion. Voino~i'ch-sa-~d-~- "we are grateful for the strong support this compromise legislation has received from many members of Congress." Voinovich concluded, "We greatly ap- -preciate the efforts of all members of the Senate Labor and' Human Resources Committee and the House Education and Labor Committee who worked together to solve many of thb problems which the . Garcia decision has caused for cities." _The_l_e-.g?Lslati0n eliminates retro-acti;ee for overtime pay_ under the esfa~blishes' a ~r °spe c~i~e ~-ff~'c~i~e date' of ApriliS, 1986 for' the applicatidfi of the ove_rfime provisions of the FLSA to states and localities, and ~ viduals wh6 perform services on a volun- ~eer~asis for-states'and localities from the FLSA.. ~ legislation' also allows states and localities to use compensatory time off on a tim~-and-a-half basis in lieu of over- time compensation, exempts employees of city councils and other state and local' legislative bodies from the overtime pro- visionsbf the FLSA, and exdudes s ep3_~gl de_tail work by p~Lice officers and ~trefight(rs from overtime hours. ' - -_~ez legislation s 'protections ' against retroactive liability and the prospective effective date apply to all employees who were exempt.from the FLSA under ~he SUpreme C~urt's i976 Nation'al League of Cities v. Usery ruling. " The legislation also authorizeg states 'and localities to defer the actual payment of overtime compensation until August The legislation authorizes states and localities to use 'compensatory time off in lieu of overtime compensation. How- ever, ~omp time must be provided on a time-and-one-half basis. An employee whose activities include public Safety, emergency response, or Seasonal work may accumulate up ~to 480 hours of unused comp time (the equiva- ' lent of 40.working'days for employees with eight-hour work days) in a bank before overtime compens.a, fion must be All ot'her employees are' subject to a 240-hodr limit (the equivalent of 20! eight-hour days) on the banking of comp time. The lea~d&rship of the House Educa- tion and Labor Commi{tee---Chairman AUgustus Hawkins (D-Calif.) and Austin Murphy (D-Pa.), chairman of the com- mittee's labor standards subcommittee~ insisted on inclusion of the lower cap i: the final bill even though it was not a pa:' of the compromise agreement betwee:'. the state and local ~0ups and 0rgan~zed labor on which the House and Senate legislation is based. The legislation makes clear that any person currently regarded by a city as a volunteer would maintain that status un- I ti] DOL issues regulations implementing the provisions' of the legislation estab- Iisi-ring a broad definition of a volunteer. Under the legislation, a person who per- forms.services for a city on a volunteer basis would still qualify as a volunteer even if he or she receives a nominal fee, · expenses, or reasonable benefits... - A city employee may perform services on a volunteer basis of the same type as those for which he or she is hired for a nearby jurisdiction, even ff the employ- ing jurisdiction has a mutual aicl agree- · ment with the other local government. ~ The legislation allows for shift trading among state and local employees with- 6ut any overtime liability for the addi- tional hours worked. Under the legislation, police officers~ firefighters, and other public..~af_et~ em- ployee_s would._be~ ab_le._to, acc.?~t~?e~cia!_ ' detail assignments with second .empldy- ers without the city being subject to over- tim,e.!iability, for the' additional hOUrS. A city employee may do "additionM 'part-time work for the dry without hours being counted as overtime w: The work, however, must be in a d~, ent capacity from the ~mployee~'~eg.a:a: job and the part-time work must be or;. occasional or sporadic basis. The legislation exempts employees state and local legislative bodies from overtime provisions Of the FLSA ur:'- they are covered by civil service laws employed in the legislative library. prox4sion means that many individual~ who are employed by city coun~ls, 'county commissions,' and similar local legislative bodies would not be covered by the overtime provisions Pf the FLSA. It is intended tq parallel a similar provi- sion of the FLSA that exempts employees of CongTesS. ' ' ' ' ' -: ' ' The legislation filso' includes a~ anti- discrimination provision that is intended .to preclude states and localities from discriminatihg against'(e¥~ the lowering of wages) of state and local employees iri retaliation for the assertion of rights un- der the FLSA.E] ORDINANCE NO. AN ORDINANCE RELATING TO THE NUMBER OF WATERCRAFT WHICH MAY BE KEPT AT ANY DOCK OR MOORING FACILITY: AMENDING LbICD CODE SECTION 3.02, SUBD. 9 AND 10. DRAFT f~3 a Revised 10-19-85 The Board of Directors of the Lake Minnetonka Conservation District ordains: Section 1. LMCD Code Section 3.02, Subdivision 9 is amended to read as follows: Subd. 9. Shoreline Requirements. a) No new docks or mooring areas other than commercial docks shall be constructed or established which provide space for or are used for mooring or docking a greater number of watercraft than one for each 50 feet of continuous shoreline in existence on May 3, 1978. k~en measurements determifling the number of watercraft ajj~~esult in the provision of a fractional watercraft, any fraction up to and including one half (1/2) shall b~/disregarded, ~nd fractions over one half (1/2) shall..~_w~on~ addit~?nal watercraft. ~) ~e~ Two or Z~wer watercraft may be kept at any dock /or mooring facility which is otherwise in compliance with lthis cod_.e~n~w~th the requirements of the local land use c~ntrj>~author~y and which is located on a site which is i~~te~ A~gust 30, 1978. ~) Fe~ Two or/fewer watercraft may be kept at any do~k/~r mooring area/which is otherwise in compliance with thz~ c~de and with ~he requirements of the local land use authority and whic~ is located on a site established after Augus~ 3~ro~ided there is a residence on the site and the dock ~s owned solely by the residents of that site. d) Three or four watercraft may be kept at docks or moorings under Subdivision 9(b) and (c) above, provided a permit is obtained under Subdivision 10 below. Section 2. LMCD Code Section 3.02 Subdivision 10 is amended by deleting the following: $~bdv-tg=--Ne-pe~sen-shatt-settx-~em~v-e~-tease-[e~- ~he-s~e~age-ef-bea~s-e~-wa~e~e~af~-amy-spaee-wi~h~-deek- u~e-areas-e~he~-~han-a~-eem~e~e~a~-~ee~s~-p~e¥~e4~-heweYe~, th~t-~ueh-~paee-may-be-~en~e~-e~-½ease~-a~-~ee~s-ef-apa~- ments-so~e~y-fo~-the-sto~a~e-of-boats-o~-wate~e~aft-ewne~ ~y-res~ent$-of-the-apartments~ and by adding the following: Subd. 10. Boat Storage Permits. a) No person shall keep more than two watercraft at any dock or mooring area on the Lake without first securing a permit from the Ex- ecutive Director, provided that no such permit shall be required of docks requiring a license under Section 3.08 of the code. b) Application. Application for a permit shall be made on forms provided by the Executive Director. The ap- plication shall include a certified statement that all boats stored under the permit are for the sole use of the resi- dents of the property, a record that all the boats are reg- istered and the boats' registrations are in the names of residents, and all other information deemed necessary by the Executive Director to determine whether or not the pro- posed dock is in compliance with this code. c) Fee. The permit application shall be accompanied by a fee of $10. d) Granting of Permit. The Executive Director shall grant the permit if information provided shows that the dock will be in compliance with the code. If the Executive Director refuses to issue a permit, he shall state the reasons therefor to the applicant in writing. e) Renewal. A new permit is required when any change occurs for which the permit was granted. f) Termination. This enactment shall be reevaluated and reaffirmed or shall terminate on two years after its effective date. ., 198 , This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board of Directors this , 198 day of ATTEST Chairman Frank Mixa, Executive Director STATE OF MINNESOTA DEPARTMENT Of ADMINISTRATION SAINT PAUL 5§155 · E~...o.~612) 296-3862 September 9, 1985 City C1 erk County Auditor, or Township Clerk Attn: Building Official Re: 1984-1985 Building Permit Surcharge Rebate The Department of Administration transmits herewith your building permit surcharge rebate for the period July 1, 1983 to June 30, 1985. ~~ Minnesota Statutes 1984, Chapter 16B.70 states: "By September 1 of each odd numbered year, the Commissioner shall rebate to municipal'ities any money received pursuant to this section and section 16B.62 in the previous biennium in excess of the cost to the Building Code Division in that biennium of carrying out their duties under Sections 16B.59 to 16B.73. The rebate to each municipality shall be in proportion to the amount of the surcharges collected by that municipality and remitted to the state." Minnesota Statutes 16B.70 does not identify specific use of the rebated funds. It is suggested however, that your qove.rning body chooses to .use these funds fo~--~Iont~'~-h-uin'g educa~f6h-~.of ~o,r buildinq officials ~nd.~n~ep_~_q~tor~__~n ~ "building codes and standards, mate~ials~ and construction techn~loqv a~___ 'pers~ribed in 'Minnesota Statutes 1984, ~6jS_~GS__Subd. 7, Cohtinuin9 Education. If you have specific questions concerning rebates, please feel free to call Richard A. Brooks, State Building Inspector. His telephone number is (612) 296-4627. We appreciate the cooperation we have received from you this past year. Sincerely, Sandra J. Hale Con~nissioner SJH:j ~/ This is recycled paper. AN EQUAL OPPORTUNITY EMPLOYER ~£50L6£5 ON Sg-IO-II 3i¥0 96'~ NW ONflON fl¥O~ O00MAYW T~£S ]]¥H AII3 ~0 AlI3 ON,OW 100-ll99£0 ON ~H Ol ~0 a BOAO Y lflVd 'IS VIOS]NNIW ~0 _qlVI$ ]DNVNI~ ~O IN]WI~V~]C] HYDROLOGIC DATA REPORT 1984 EXECUTIVE SUMMARY MINNEHAHA CREEK WATERSHED DISTRICT ~~-EMBE R 1985~ PREPARED BY MICHAEL A. PANZER, P.E., ltARK S. MILLER, JIM PtAHADY, AND JOHN P~NUSKA E. A. HICKOK AND ASSOCIATES 545 INDIAN MOUND WAYZATA, MINNESOTA 55391 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. -Michael A, Panz~r,-P.E. ? Minnesota Registration No. 15288 XII. CONCLUSIONS The hydrologic monitoring results for 1984 lead to the following conclusions: 1. Precipitation over the Minnehaha Creek watershed was normal to above normal, averaging around 34 inches. Four cOnsecutive years with normal to above-normal precipitation caused higher runoff in 1984 than in the previous three years, which had similar total precipitation. Overall, the watershe~ yielded approximately 6 inches of runoff in 1984 (cf. about 5 inches in 1983). This is low for a largely urbanized watershed in this region, especially for a fourth consecutive year with ample precipitation. e High runoff occurred locally in the upper watershed. There, Painter Creek produced 26 inches of runoff, while Gleason Lake Creek, Long Lake Creek, and Minnewashta Lake Creek produced 11 to 17 inches. However, the outflow from Lake Minnetonka amounted to 9 inches of runoff, averaged over the whole upper watershed. Seepage from Lake Minnetonka into underlying ground-water aquifers is a major f~ctor explaining the low overall runoff yield from~the watershed in spite of high runoff from upper watershed tributary streams. The rate of seepage from Lake Minnetonka appears to have increased over the past decade, based on declining ground-water levels in the upper watershed. The increased seepage may lead to a tendency toward lower water levels in Lake Minnetonka. It is possible that urban and agricultural developments causing increased runoff from tributary watersheds are apparently masking this effect. 0 Minnehaha Creek discharged approximately 10,000 lb of phosphorus in 1984, amounting to about 55 lb per square mile of drainage area. This is quite low for a largely urbanized watershed. Lake Minnetonka tributaries discharged 18,000 lb of phosphorus into the Lake in 1984. Of this total, Painter Creek produced 11,430 lb, amounting to 950 lb per square mile of drainage area (above the station where measured). Other tributaries yielded phosphorus loadings averaging on the order of 150 lb per square mile. The planned diversion of the Maple Plain sewage treatment plant effluent from the watershed will significantly reduce the phosphorus loading to Lake Minnetonka, and particularly to Jennings Bay. The plant currently discharges some 2,500 lb of phosphorus annually to Painter Creek. 11. 12. 13. A Watershed District project completed in late July of 1985, which aims to increase the use of pond and wetland storage in the Painter Creek subwatershed, will also reduce the phosphorus loading there, further benefiting Jennings Bay and Lake Minnetonka. The average of the 1984, 1983, 1982, and 1981 tributary phosphorus loadings to Lake Minnetonka (18,000 lb, 10,000 lb, 13,000 lb, and 2,000 lb, respectively) approximates the normal annual loading estimated by the Metropolitan Council (8,000 lb). Lake Minnetonka discharged approximately 5,400 lb of phosphorus in 1984, thus retaining 70 percent of its loading. The Metropolitan Council has estimated the annual atmospheric phosphorus loading as roughly 10,000 lb. (This is due to phosphorus in precipitation and "dryfal)" directly'on the Lake.) If this is also considered, then the lake's phosphorus retention in 1984 was approximately 81 percent. Retained phosphorus accumulates in the lake bottom sediments. 14. 15. 16. 17. The'water quality of Lake Minnetonka was fair in 1984. For four out of the six locations monitored, secchi disc transparency averaged from 9.6 to 13.2 feet, chlorophyll-a averaged <1 microgram per liter, and surface total phosphorus averaged from 0.04 to 0.06 milligrams per liter. Jennings Bay had relatively poor water quality, with average secchi disc transparency of 4.9 feet, chlorophyll-a of 6 micrograms per liter, and total phosphorus of 0.17 milli§rams per liter. The water quality of other lakes in the watershed ranged from significantly better to very much worse than Lake Minnetonka's. Christmas Lake had the best water quality, with July secchi disc transparency.of 21 feet and chlorophyll-~ less than i microgram per liter. Surface total phosphorus averaged 0.03 milligrams per liter for February and July. In February, severe dissolved oxygen depletion occurred in Langdon, Galpin,' Gleason, and Mooney Lakes. October 21, 1985 The Honorable Rudy Perpich Governor of Minnesota State Capitol St. Paul, MN 55155 ~A,~~~ // Metropolitan Council 300 Metro Square Building Seventh and Robert Streets · ~'~'IN C1 The Honorable Joan Anderson Growe Secretary of State of Minnesota Room 180, State Office Bldg. St. Paul, MN 55155 The Honorable Arne H. Carlson State Auditor of Minnesota Suite 440, 555 Park St. St. Paul, MN 55103 The Honorable Robert Mattson State Treasurer of Minnesota 1208 Grand Av. St. Paul, MN 55105 The Honorable Hubert H. Humphrey III Attorney General of Minnesota 102 State Capitol St. Paul, MN 55155 The Honorable Marlene Johnson Lt. Governor of Minnesota 122 State Capitol St. Paul, MN 55155 RE: Request for Comprehensive Review by the Metropolitan Council of.Lake Minnetonka Access and Management Dear Members of the Executive Council: This letter responds to your request that the Metropolitan Council conduct a comprehensive review of access to Lake Minnetonka and mak9 recommendations to the Executive Council which considers the public's right to use/enjoy the lake within environmental, safety, user satisfaction, land use and other public service constraints. My staff has prepared the enclosed mission statement describing what the Council will do in response to your request and a review procedure that describes how the Council will conduct the review. I hope that this meets your intentions. If not, please contact Bill Lester, Special Assistant to the Chair (291-6630), so that we can modify our approach as necessary. We wish to begin the review on October 28 and hope to submit our report to you on March 31, 1986. If the Executive Council desires, we would be glad to give you a status report on the review at your Dec. 4 meeting, and at other intervening meetings between now and the completion of the report. On behalf of the Council, we appreciate the opportunity to serve you in our role as the regional planning and coordination body. Sincerely,//- Sandra S. Garde ring, C air ~'~ SSG:sa cc: Sandra Hale, Commissioner nesota Dept. of Administration Walton Clevenger, Mayor, City of Minnetrista Joe Alexander, Commissioner, Minnesota Dept. of Natural Resources Rep. Douglas Carlson, Minnesota House Rep. John Burger, Minnesota House Senator Gen Olson, Minnesota Senate Dirk DeVries, Metropolitan Council ~0~ 7 An Equal Opportunity Employer MElt~OPOLITAN COUNCIL COMPREHENSIVE REVIEW OF PUBLIC ACCESS AND SURFACE USE MANAGEMENT OF LAKE MINNETONKA Mission Statement The Metropolitan Council will conduct a comprehensive review of Lake Minnetonka surface use and management including public access needs. The Council will use the "Report of the Lake Minnetonka Task Force" (June 1983) as the basis for the review. Based on that review, the Council will develop and submit to the Executive Council a comprehensive plan which considers the public's right to use/enjoy the lake within environmental, safety, user satisfaction, land use and other public service constraints. e The Metropolitan Council will develop recommendations for an ongoing public participation process and inter§overnment planning and negotiations process to resolve future lake management issues. The Metropolitan Council's comprehensive review procedure will allow all citizens/government entities concerned with this issue a reasgnable opportunity to express their viewpoints. Review Procedure The Metropolitan Council will form an ad hoc committee composed of five Council members and one person from the Lake Minnetonka Conservation Dist- rict, one person from the Minnehaha Creek Watershed District Board, two city council members from Lake Minnetonka communities, and one person from the Minnesota Dept. of Natural Resources (DNR), to conduct the compre- hensive review. The committee will be chaired by Patrick Scully. The ad hoc committee will hold a public meeting or meetings and specific- ally invite representatives from the DNR, the 14 cities abutting Lake Minnetonka, the Lake Minnetonka Conservation District, the Minnehaha Creek Watershed District, the Hennepin County Board and the Suburban Hennepin Regional Park District, and ask them to: a.- Show how the lake is managed under their statutory authority. b.' Define their critical interests in managing the lake and land use. c. Present land use and public service issues which are affected by lake access/use. d. Describe how they are implementing the recommendations of the Lake Minnetonka Task Force. e. Identify barriers and solutions to overcome barriers to implement the Lake Minnetonka Task Force recommmendations. f. Suggest proposals for public participation procedures and intergovern- ment planning and negotiations procedures on lake management issues. These procedures should create a participatory decision-making climate and should resolve conflicts by serving the public interest. g. Give the ad hoc committee comments/suggestions on the remaining Steps of the review procedure. Tasks 1 and 2 will be completed by Nov. 27, 1985. Based on input from the meeting and the "Report of the Lake Minnetonka Task Force," Metropolitan Council staff will develop a discussion paper out- lining a strategy or strategies to address the overall need for new/ improved public access to Lake Minnetonka and surface use management. In order to address these two concerns, the following topics will be included: ae Placement and capacity of marinas, private dockage and public access (boat ramps). Lake surface zoning and enforcement. Placement and capacity of lake-oriented entertainment/restaurant establishments. Scheduling, placement and capacity of organized boating/fishing activities. Any other management methods that are legally feasible. Accessibility for lake use by the non-boating public. The paper will also include a strategy for ongoing public participation processes and intergovernment planning and negotiations to address future lake management issues. The discussion paper will be completed and published on Dec. 16, 1985. The ad hoc committee will conduct four public hearings on the distussion paper--two hearings in the Lake Minnetonka area and two hearings in other parts of the Metropolitan Area--between Jan. 20 and Jan. 24, 1986. Written comments would be accepted until Feb. 7, 1986. Metropolitan Council staff will develop a draft hearing report and a recommended strategy to implement (a) the Lake Minnetonka Task Force recommendations; (b) any new recommendations on public access, surface use management, land use management and public service needs; and (c) public participation/intergovernment planning and negotiations procedures. The report will be submitted to the ad hoc committee on Feb. 24, 1986. The ad hoc committee will meet to review the draft report and the recommenda- tions. They will complete their work by March 14, 1986, and submit a final report to the Metropolitan Council. The Metropolitan Council will review their report on March 27, 1986, and then submit it to the Executive Council on March 31, 1986. SA3725-PHOPN1 10.21.85 J~o~ & speoiaZ rel o t I-Ien_nepin County Solid &ste Disposa2 dC Recovery ,n energy-recovery system Environmental impact statement to be completed early next year Important considerations in making sure that Hennepin County's waste-to-energy project remains on schedule are the prep- aration of an environmental impact state- ment and the subsequent securing of regulatory permits. Both the environmental impact statement (ELS) and necessary permits must be approved before construction can begin next summer on the 1,000-ton-per-day resource-recovery facility at the Grey- hound bus-garage site near downtown Minneapolis. The plant will be constructed and operated by Hennepin Energy Resource Co., Limited Partnership, of which Blount Energy Resource Corp., of Montgomery, Ala., is the general partner. The ElS will evaluate the environmental of the plant at the Greyhound site proposed transfer stations, which are to be located in Bloomington, Brooklyn Park, Hopkins and south Minneapolis. The Minnesota Pollution Control Agency will issue the needed permits for the project only after the ElS has been approved by the Metropolitan Council. prepared reports dealing with environ- mental aspects of the Greyhound facility and the proposed transfer stations. Areas covered include project description, solid waste, land use, noise, terrestrial ecology, geology/hydrology, air quality, human health, historial/archaeological resources, socioeco nomics/aesthetics, transportation and utilities. These reports are being used in the prep- aration of the draft ElS, which is due in early November. Public meetings on the draft will be held by Metropolitan Council staff later this fall. The final ElS is to be completed by late February or early March 1986, with the Metro Council board scheduled to act on the adequacy of the final ElS in late April 1986. BIount then must obtain permits for the project, such as for air quality, from the state Pollution Control Agency. Although they will not be issued until the final ElS is approved, BIount is in the process of making application for the permits. County officials emphasize that the best available technology, called "dry scrub- bers,'' will be used in the Greyhound facil- ity to minimzie its impact on air quality. Based on this commitment, the Pollution Control Agency has exempted Hennepin from the requirement of formal pre- construction air-quality monitoring. However, the county has selected a firm to assist the Depa. rtment of Environment and Energy in developing an air-quality moni- toring program with the Pollution Control Agency, and carrying out the program. The Greyhound site is between Fifth Street North and Seventh Street North and between Sixth Avenue North and the' Burlington Northern railroad tracks. The 14.5-acre site is just northwest of down-' town Minneapolis. "The reason for an ElS is the full acknowl- edgement and disclosure of all of the environmental impacts of a project," said Warren Porter, project manager for the county Department of Environment and Energy. "The ElS is not a decision docu- ment, but it does help decision makers to consider all of the impacts of a project, whether they be positive or negative." The state has designated the Metro Coun- cil to be the governmental unit responsible for preparing environmental impact state- ments for waste-to-energy projects in the Twin Cities metropolitan area. Conse- quently, Hennepin County is paying the Metro Council, along with the consulting engineering firm hired by the council, to produce the ElS. The ElS process involves three major ps: preparation of a draft ElS, prepara- of the final ElS and acceptance of the final document by the Metropolitan Council. The county's technical adviser, Henning- son, Durham and Richardson, Inc., has Recycling The Hennepin County Board has adopted a goal of implementing activities which will yield the county a recycling level of 16 percent by 1988. Pictured is the St. Louis Park recycling program, which features containers for three types of recyclable materials. (See article on reverse side.) 996 I. Jeqoloo ze3ueo 3ueuzuaeAoo C09I-V 0,uauzq,rede(3: .'?.3'Lmo 0 specia2 report Hennepin seeks waste supply for resource-recovery system Hennepin County is working on assuring an adequate waste supply for its solid- waste energy-recovery and transfer- station system, which is to be in operation in 1989. What Hennepin is seeking is "designa- tion"--designation of facilities as places where garbage and trash haulers will deliver solid waste. Major components of the designation process are preparation of a county designation plan, approval of the plan by the Metropolitan Council, a public hearing on designation, contract negotia- ' tions with haulers to secure waste, and a designation ordinance. The county's designation plan was approved by the Metro Council in April. The plan described the county's intent to establish a 1,000-ton-per-day waste-to- energy facility at the Greyhound site near downtown Minneapolis and supporting transfer stations. A transfer station is a facility where small garbage-collection trucks transfer their loads to a larger semi- trailer truck, which in turn will haul the waste to the Greyhound plant. The plan also established the need for designation of these facilities. (Three private companies plan to operate their own resource-recovery projects, independent of Hennepin County's waste- to-energy system. Collectively, they could use about 700 tons of waste a day, an' amount guaranteed them by the Metro- politan Council on the same day that the council approved Hennepin's desig- nation plan.). Following an Aug. 22 public hearing on designation, the county Department of Environment and Energy mailed draft copies of the county's proposed contract with haulers to all hauling firms which operate in Hennepin County and all munic- ipalities. The county held four informa- tional meetings and invited haulers to make appointments with the county to negotiate contracts. Regardless of the outcome of contract negotiations, the county, in accordance with state law, expects to pass an ordi- nance requiring that solid waste be deliv- ered to its system of transfer stations and the waste-to-energy plant. A hearing on the proposed ordinance will be held Nov. 7. After the ordinance is approved by the County Board, it will be reviewed by the Metro Council. The ordinance will not take effect until the designated waste-to- energy plant is ready for start-up, which is scheduled for late 1988. Hennepin plans to have transfer stations in Bloomington, Brooklyn Park, Hopkins and south Minneapolis. County approves plan to increase recycling programs · The County Board has adopted a recy-. cling concept plan which is intended tO increase the kinds of recycling programs and the participation in such programs i Hennepin County. The plan, approved Sept. 17, was recom- mended following a comprehensive recy- cling study and waste-composition analysis, which was conducted for the county by Pope-Reid Associates, of St. Paul. The study included an evaluation of six recycling scenarios. Scenario four was approved as the general recycling plan for the county. Assuming that all assumptions are met, scenario four will yield Hennepin County a 16-percent level of recycling by 1988. That portion of the county's solid waste would amount to about 400 tons a day. Strategies in the concept plan include buy-back recycling centers, curbside and alleyside recycling in county communities through city contracts with firms providing pick-up services, drop-off yard-waste composting sites, curbside collection of yard waste and the composting of such waste, demonstration projects for the recycling of office paper and corrugated containers, and recycling.promotion and technical assistance. The board also adopted the goal of imple- menting additional activities which would yield the county a recycling level of 25 percent by 1990. Sorn :' Can't find coverage at Mil IEAPOLIS EDtTIO~° SUNDAY, NOVEMBER 3, 1985 any price By ,' m McC,- r/ney Star ~ Yriter !'~ he r,:.;wspaper headlines ·. ' are 'he same in city after .~ :city: . "SL'yrocketing insurance forces across-the-board cut in budget"-- Deephaven. "/nsurance puts city in budget l~oIe"-- Glenwood. "tlising insurance costs force i0 percent increase in levy"-- Ellendale. "City liit by na tional insurance crisis"-- Coon Rapids. The Hastings Star reports that a storm is "ripping apart the city budget" and "at the eye of the storm are soaring insurance rates." Local governments throughout the country are seeing their rates more than double, and some are seeing increases of three, four and even 10 times what they paid last year. In many cases, 1986 insurance premiums will account for 10 percent and more of the entire city budget. School districts are suffering similar problems. Many counties are having trouble finding insurance at any price. As many as 41 of the state's 87 counties will likely be without liability insurance by the time the Association of Minnesota Counties initiates its self-insurance pool early next month, according to Morris Anderson, executive director of the Association of h~nnesota Counties. Local governments throughout the country ~re seeing their rates more than double, and some are seeing increases three, four and even 10 times what the~/paid last The city of Sallwater recently was dropped by iB insurer, and will Bkely sign up for an insurance pool mn by the ~ague of ~nneso~ Citi~ for next y~r at more than twice iB c~ent premium of $127,000, aecord~g to Betty Car~o, the city's budget dir~tor. For 1987, the city will l~k at other options, such as self- instance. Glenwood paid g34,469 for ~suraace ~ 1984-85, and 'renewed by Home Insilco, one of the l~t municipal i~urem left h N~neso~, at an u~pecified rate in July. But in Oc~r, the city was told the premium would be $104,061 -- and ~at Home decided to cancel iB coverage ~ of ~. 1. G]enw~ was able to f~d another bid from the League of l~nnesota Cities for $59,680, and canceled Home as of Nov. 1. Even that is 6 percent of the city's $1 million budge{, according to David Wencel, Glenwood city clerk. ' Public agencies, like many businesses, are caught up major . changes taking place in the insurance industry. After several years of price- cutting, property-casualty insurance companies found themselves awash in red ink last year, losing $2.7 billion as an industry. During the early 1980s, rising interest rates attracted new competitors to the insurance market. The new insurers hoped to put the cash from premiums into ~Jg~h-interest investments. But that exacerbated an already competitive market, driving l~remium rates down. At the same time, losses grew unpredictably large. Unlike property damage elam, liability claims are difficult to estimate. Often years go by before companies ever find out how much they will have to pay on claims. As the size, number and type of claims increased, so did losses. Court decisions often expanded what insurance contracts covered, and increased what insurers had to pay. Premiums began to fall further and further short of covering losses. And interest rates declined, investment income was not ,3:07,,9 League of Minnesota Cities Property-casualty insurance program Number of cities enrolled Premium volume in millions 142 145 $1.8 268 $2.9 - 379 · $6 $5 $4 -*$3 - $2 ' $1" 5/31/81 5/31/82 5/3-1/83 5/31/84 5/31/8 ~85 ,"":: ":'~ Ed Philpot/Sta ff Artist Cities enrolled in the League of Minnesota Cities' insurance pool and the premiums they pay have taken .a large jump in the last five years. adequate to offset the difference. Finally, last year,.the property- casualty insurance industry took a bath. Some insurance companies have been forced out of business, others are dropping certain lines of coverage and all of them are raising premiums. But the general crisis in the property-casualty insurance industry goes only partway in explaining why local governments are having such a tough time. Local governments used to be immune from lawsuits, under the theory that a taxpayer suing the government is the same as suing himself. Also, there is theory that the sovereign body is above reproach -- "the King can do no wrong." But court decision~ and state legislative measures have eroded that immunity. Although many states, have limits on claims against local governments ($200,000 per incident and $600,000 total per individual in Minnesota), courts have recently awarded plaintiffs claims in excess of those amounts, arguing that states do not have the authority to set such limits. Robert Provost, president of the Minnesota Insurance Information Institute, thinks that a recent set- tlement against the Rosemount- Apple Valley School District illus- trates how vulnerable, local governments have become to lia- bility suits. Three years ago, several Apple Valley High School students were asked by a music teacher to re- move some choir risers from the school's theater. Left unattended, the boys instead climbed onto a catwalk. One of the boys stepped from the catwalk onto an acousti- cal panel, fell through it and be- came severely disabled. Early in September, the boy, now 17, was awarded nearly $2 million by a Dakota County Dis- trict Court jury.. Earlier, the boy's family settled out of court with the Rosemount-Apple Valley School District for $1 million more. The plaintiffs argued that the school district and the teacher failed to properly supervise the boys, and that the construction and design of the acoustical platforms did not meet original specifica- tions. The jury assigned negligence a~ follows: the contractor, 40 percer the school district, 38 percent; the architect, 12 percent; and the boy himself, 10 percent. The Rosemount-Apple Valley School District's property-casualty insurance premium rose to an esti- mated $360,218 .this school year. That's a 250 percent increase from $103,793 the previous school year, ~.ccording to Anne Voels, a public relations official with the school district. This year, the school district is assessing a special $704,000 tax levy to cover current and future surance costs. Rosemount-Apple Valley offi- cials say the large settlement was not a factor in the premium in- crease. And, in fact, many schOOl districts are seeing similar premi- um hikes. Broa~r Another court decision reached late last month may prove more damaging to local governmen~ by making cotmties liable for the ac- tions of day care homes they cen~e. 307,5- The Minnesota Court of Appea~s overturned a lower court ruling that disrnL~ed Anoka County from a suit against a Columbia Heights day care home. The home is accused of being responsible for severe injuries to two 7-month-old boys. The court said that the county is not co~;ered by a law that makes' the state of Minnesota and "its em- ployees'' immune from such law- suits. The suit alleges that the county was neglige, nt in supervis- ing and inspecting the home and recommending a license for it. "I think that as far as day care and foster care, the counties now have' broad exposure," Anderson said. The ease will force counties to be far more restrictive in issuing licenses for such centers, he said. His association may seek legisla- tion next year that would specify that since counties act as agents of the state in licensing such care fa- cilities, they should be protected by the state's immunity. Such cases may force counties to be more restrictive about what services they offer the public, An- derson said. For instance, counties may decide to discontinue opera- ting public services over which they do not have strict control, such as beaches and snowmobile trails. U n~edict~.~e risks When court cases open up new areas of vulnerability for their cus- tomers, insurers sometimes decide to stay away from that business unt[l risks become more predicta- ble. When insurance becomes unaf- fordable or unavailable, local gov- ernments have a number of op- tions. Five years ago the League of Minnesota Cities developed a serf- insurance pool for workers eom- pensation and general liability in- surance. The program, called the League of Minnesota Insurance, Trust, aIlows cities to pool their risks together and then find rein- surance to cover excessively high losses. Participation in that program ~ has soared in the last few months. At the end of May 1984, there were 145 cities involved in the liability A year later, there were program. 268 cities signed up. In the last five months, that figure grew 41 per- cent to 379 cities at the end of Oc- tober. WORld. ERS Participation in insurance pool operated by League of Minnesota Cities Number Period of cities ending enrolled 12/31/80 ........................ 87 12/31/81 ......... .............. 210 12/31/82 ....................... 275 12/31/83: ....................... 285 12/31/84 .............. . ......... 340 10/31/85 ....................... 490 Annualized premium volume $1,3 million $3.6 million $4.4 million $4.0 million $4.4 million $7.6 million "Most counties are having trou- A;thou;h the Insurance Trust is intended to [ rcvi e cities v.,,[th lowest cost p ss [e, ven rose, mmatically this ear.,, an average of at le s[ 55 percenL Al~ough ~he ~on-profit orga~- ~fion ~ ~tended to pro,de wi~ lower cost ~ible, even i~ pre~ rose dramafica~y t~ y~r -- an average of at l~t 55 ~rcent, accord~g to Peter Tritz, who ~ the program for the ~e. ~me government bodi~, such ~ ~nn~l~ and St. Paul, are large enough to i~ure the~elves. Bu~ seE-i~urance requires the government entiti~ to set up hefty r~e~,~, w~ch many smaller gov- emen~l ~i~ cannot afford. ~ J~e, gL Paul combined i~ 1o~ control, r~k management and employee ~nefi~ functio~ into one ~v~ion. The R~k and gmp]oy- ~ ~nefi~ M~agement div~ion wi~ help the city ~[ter deteme and reduce r~, according to Ron G~oile, acing manager of ~e di- v~ion. Couxr s pooling The Association of Minnesota Counties is developing a pool for general liability scheduled to be ready Dec. 1. Many counties can't wait. ble find insurance at all," said Pred Moen of Corporate Risk Ser- vices of Eden Prairie, an insurance consultant who works for a number of Minnesota counties and is help- ing to establish the program. Counties that are able to find surance are being quoted .rates four to five times higher than the year before~ Even the association of counties is having trouble finding rein- surance: "We'll probably go with it whether we find reinsurance or not," Anderson said of his associa- tion's new pooling arrangement. "It's. a matter of doing it alone or together." An insurance program operated through the Minnesota School Boards Association has about 260 members, more than half of the state's 437 districts. The program doesn't Self-insure as do the city and county pro- grams. Rather it pools the insur- ance needs of its members togeth- er and then places that business with an insurance company. As a group, school districts have more leverage in obtaining affordable insurance than they would alone. The average increase for proper- ty liability coverage this year has been between about 70 percent, ac- cording to Jim Schmid, director of management services and a staff member of the association's insur- ance trust. Several years ago, liability claims accounted for only 15 per- cent to 20 percent of losses, with property claims accounting for most of the rest, Schmid said. Now liability claims account for about three-fourths of the losses, he said. ,30?? Dropping coverage Other types of insurance also are becoming increasLugly expensive and di/ficult to find for govern- ment bodies. For instance, membership in the League of Cities workers compen- sation pool has grown 44 percent during the last 10 months, from 340 cities at the end of 1984 to 490 at the end of last month. Over the same period, total premiums for the coverage grew 73 percent to $7.6 million. School bus lines, whether run by the districts or private contractors, also are finding insurance difficult and costly to obtain; The largest underwriter of the coverage in the state, MSI Insurance of Arden Hills, recently decided to get out of the business. At one time, MSI in- sured about 60 percent of the state's school bus lines, Schrnid said. Municipal liquor stores are find- ing liquor liability insurance tough to find or.afford. The crunch h~ forced a number of town to close their liquor establishments. Local government officials are 'pressuring thei/- state legislators to pass measures they hope will ease the crisis. Sen. Randy Kamrath, IR-Canby, plans to propose legislation that would allow judges more latitude to throw out frivolous cases, tie also will ask the Legislature to narrow the types of action for which go.veruments can be s.ued. Phone Activists Jump in Local Rates Since AT&T Breakup Is Spurring Protests Mandatory Timing Of Calls, Depreciation Are Issues; Firms Cite Competition Getting Speakers, Signatures By EILEF. N WHITE Staff Reporler of Hoisting a homemade c~ket on their shoulders, four actwism recently disrupted a public hearing in P~mburgh'on a rate-in- cre~e request by Bell Telephone ~. of Pennsylvania. The Cna box, labeled "Death h~ked phone receivers dangling do~ the sides and the pallbearers marched to a song: Oh, BeePs coming 'round the mountain with big bsa, Oh, Bell's coming 'round the mountain with big bil~, The~'ve been se~ing since the breakup T~t their cos~ the~ h~ue to make up Thefll sock it to us even if it kil~. Such st~ are si~s of a ~o~ng con- sumer activism resulting ~rom the r~s~ng price of loca~ telephone service since the breakup of ~efic~n ~elephone & Te~e- ~a9~ ~. "We've had placards raised in ~e~ri~gs before, and even a ~ant ~bber stamp," says James H. Brenneman, Bell of Pennsylvania's vice president for external ~ff~irs. "But not a coffin." Off the Arou~d the count~, reques~ for record rate ~ncre~es ~re meeting a politically s~v~ opposition that cut i~ teeth on the electric-utility rate wars of the 1970s. Recent battlegrounds have included Wisconsin and Mississippi. and new skirmishes ~re forming around pending c~es in California, Tex~ and the Dist~ct of Columbia, "The electric- utility indust~ owes a debt to the telecom- municat~ons indust~," says George Bar- bout, Public Utilities. "They were on the ~11, but telecommunications h~ moved them ~ght off." The phone companies say competition got once-secure rexenue forces them to t~ to adopt higher local rates and repricing plans, such as chafing by the minute for loceA calls. They worD' about lon~-distance firings th~ a~ruxdy sk~rn e~f certain high- profit business callers, and they face new forms of competition, such ~ private pay phones and calls carried over cable-telexi- sion lines. But mxny consumer groups are j~:s'~ ~ ds'.~rmined to m~.ke ~,f.~ordabie service a mom-an~-apple-~,ie issue. 8inca the ~oups lost Geir battle l~t year for federal laws or Federal C0m unications ~mmiss~on rules reqmring low local call- ~n~ rates, they have refocused their atten- tion on the states. Cons~er Boar~s In Wisconsin, I!Imois, New York, Ore- gon and Ca!ifom~a, "citizens' utility boards" have been chartered by the states to represent consmers' ~e~oinB, an0 national cons~er leaders are pushing other states to follow suit. The outcome probably depends on a favorable ~ling in a California c~e scheduled to be ar~ed before the Supreme Cou~ next month. In the suit, Pacific G~ & Electric ~. is chal- len~ng an order by the California public utility admission requ~ng the utility to include consumer Foups' materials in iB bills [our times a year. Pasdng by the minute for l~al calls, which is ~ option ~ most states, is other target of cons~er ~oups. that the practice would incre~e phone bills for the p~r and the elderly, ~ey have helped de,eat it in give states and the Dis- trict of Colmb~a. But the Vermont Public Service Board approved mandato~ timing in July on the [round that it benefited most consumers. In a six-month experiment, the board fo~d that compared ~Sth ~limited local calls, timing calls res~ted in lower bills for 75% of residential ~ers. Mixed resulB lot consmer ~oups probably continue because radiators weigh the interesB ol ratepayers against those of shareholders. But aehie~ng a bal- ance is likely to become even more cult ~ Bell companies press re~lato~ for still higher rate incre~es to raise share- holder returns. The companies cite a need to compensate holders for the increased risk since divestiture so ~at they can con- tinue to attract investors ~ the tuture. TecMolo~cal Change Actually, though, many recent rate in- creases have more to do ~dth technolo~cal change and competition than with divest- tufa. As a monopoly, the. Bell System predated its equipment over periods of up to 40 years. That practice leR the seven vested Bell compan}es holding a total $2~ billion in ~derdeprec~ated equipment. Now, the companies want radiators to speed up depreciation on old cabling and s~tches, atlo~Sng quicker investment ~n new fiber-optic cable and distal sx~itches. In addition, the phone companies have ~ked rer~ators to allow them to lower the fees that they cSarge to long-distance companies [or access to the local network. They hope chis woul0 remove the incentive to long-distance companies to "b~s" lo- cal facilities by setting up alternative net- works. The local companies ar~e that these changes would make them less vulnerable to competition, thus keeping phone bills from skyrocketing in the long run. But the shorn-term eflect o[ the changes-higher depreciation expense and lower long-dis- Please Turn to Page 1~, Column I Contim,,cd Frpm Firs~ tance revenue-would mean higher }oca! phone bills now. "The best case for us is the worst case for regulators," says William G. Bums, the chief financial officer of Nynex Corp., the Bell company serving New York and New England. "The rates would go up sub- stantially, two or three times what they are now." In most states, Bell companies have also begun to reprice local service by charging for local calls based on time of day, distance and duration. Under Bell of Pennsylvania's proposal, residentia] cus- tomers would pay about $5 a month for a phone line and each local call during peak hours would be billed at about five cents for the first minute and one cent for each additional minute. Customers could still pay a fiat rate and make unlimited local calls, but the fiat rate would jump about 66% to about $17.55 a month. As they mobilize, consumer groups have the benefit of their 1970s experience, when sudden increases in heating bills united middle-of-the-road consumer groups with liberal-left activists tied to Ralph Nader's organizations. In the phone-rate battle, the Te}ecommunications Research and Action Center and Public Citizen-both related to Mr. Nader-are collaborating mqth the Consumer Federation of Amer}¢a and several groups representing the el- derly. These organizations, all based in Wash- ington, serve as informal clearinghouses for local activists. This summer, consumer organizers from 18 states in the East and the Midwest met national leaders in Pitts- burgh to learn how to fight on two fronts at once. The idea was to organize demonstra- tions to gain the public's attention while developing legal and economic ar.%unents to present to state utility commissions. ' In Pennsylvania, consumer groups have - been focusing on timed local service. Ear- lier this year, they persuaded Boy Scout troop leaders, neighborhood leagues, se- nior-citizen clubs and other groups to ap- pear publicly against it. The utility com- mission's consumer service bureau also re- ceived 1,200 negati.ve phone calls and peti- tions bearing 13,000 signatures. A Consumer Procession At tile Pittsburgh hearing in May, the "guerrilla theater" mqth the coffin was fol- lowed by a procession of consumers who decried Bell of Pennsylvania's $325 million rate-increase request. (The company re- duced its request to $237 million this sum- mcr.) Protesters became so boisterous that the presiding administrative law judge ordered part of the proceeding to be deleted from the official hearing record. Across the state in Philadelphia, the $0,000-member Pennsylvania Public Inter- est Coalition used the phone issue to in- crease its membership 25% and to urge re- form of the utility commission. The group collected 37,000 si~atures on petitions that call for a limit on phone rates and four- year terms for utility commissioners that would run concurrently v4th the governor's term. Commissioners now serve 10-year terms. "if we can't change the decisions, at least we can change the decision mo:.ers, says Jeffrey Eagen, an organi- zer for the coalition. On the techaic~-I side, actixqsts had the benefit of publicly funded economic argu- ments against the phone company's rate- incre~e request. Their case was presented by consultants hired-at a cost of 000-by the state's Office of Consumer Ad- vocate, which was established in 1976 to represent consumers' interests before the utility commission. About 35 other states have similar posts. 'Exotic Ser~qces' Consultants Mandn H. Kahn and Francis R. Collins concluded that the phone company had "no basis at all" for slfifting costs to local rates. They also posed the increase in consumer rates to cover depreciation, which they said would subsidize "exotic services" for busi- nesses. Bell of Pennsylvania says it considers the findings "preliminary and inconclu- sive.'' The consultants' opinions "have been rejected or overruled by commissions all over the country," Mr. Brenneman says. - - Consumers have found an unexpected ally for part of their argument, though: the Business Users Group, made up of corpo- rations such as Westinghouse Electric Co., Bethlehem Steel Corp., Hone~vell Inc. and Scott Paper Co. In an official complaint that labeled the Bell request ?exorbitant," the group disputed the need for rapid de- preciation or the timing of local calls. "It makes little sense to say, 'Pay millions now to save millions down the road,'" says the group's attorney, Terry Bossert. "It seems to me to be just another way to get a buck this year." Industry-Sponsored Group Meanwhile, Mr. Brenneman says, Bell of Pennsylvania has stepped up its regula- tory. and le~slative activity. Bell represen- tatives also meet every six weeks with cer- tain consumer leaders. The parent com- pany, Bell Atlantic, chipped in $132,000 last year to help set up a telephone industry- sponsored group called Concerned Citizens for Universal Serxqce, based in Columbus, Ohio. Bell of Pennsyh'ania says it suffered "a devastating blow" late in August, when the utility commission's administrative law judge recommended that the company be ,nm,e,~ a rate increase of just $40.2 mil- lion. But P. aymond W. Smith, Bell Attan- tic's vice chairman and chief financial cer, says he expects a better reception from the commissioners. "They reco~ize that good telephone service and good earn- ings are connected," Mr. Smith says. Still, the prospect that consumers' ac- tivism will increase as rates escalate ~ leaves others far less certain about the fu- ture. V. Louise McCarren, the chairman of the Vermont Public Sen, ice Board, sees "tremendous pressure" on rates-and on regulators. "This is what happens," she says, "when you replace regulation with competition: a massive cost shift from large users to small users." P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANA6ERS: David H Cochran. Pres. · Albert L. Lehman · John E. Thomas Camille D. Andre · James B. McWethy · James R. Spensley · Richard R. Miller LAKE MINNETONKA OTA MEMO TO: FROM: DATE: RE: Mayors and City Managers of All Municipalities With the District Clerks of All Townships With the District 509 Technical Advisory Committee Other Interested Persons Minnehaha Creek Watershed District Board of Managers October 22, 1985 Proposed Revised Rules The Board of Managers of the Minnehaha Creek Watershed District will hold a public hearing on Thursday, November 21, 1985, commencing at 8:30 p.m. at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, on proposed revised rules for the District. Copies of the Notice of Public Hearing and the proposed rules are attached. The Board is currently preparing a Watershed Management Plan as required by Laws of Minnesota 1982, Chapter 509. The Board anticipates that it will complete its proposed Chapter 509 plan during 1986. After than plan is completed, municipalities will then be required under Chapter 509 to prepare a municipal water management plan in conformity with the District's Watershed Management Plan. Eventually, most of the present District permit requirements regulating the development of land will be eliminated after a municipality adopts a water management plan in conformity with the District's 509 plan. Until then, the District's rules will continue to apply until such a municipal plan is adopted. Because of the time yet needed to develop municipal plans, the Board concluded that a revision of its rules (adopted in 1974) was warranted for several reasons. First, the proposed rules use the policies which the Board at this point believes it will incorporate into its 509 plan. Comments and review by the municipalities on the rules will therefore assist the Board in assuring that workable and practical management goals and strategies are developed in the Watershed Management Plan. Second, the rules will also assist by communicating more clearly the design standards which have been applied by the Board but which may not be explicit in the present rules. Publication of the rules will make these standards more generally known and enforceable during the interim. Third, the rules also are intended to promote better coordination of project review between the District and the municipalities, which should be of benefit until municipal management plans are adopted. Finally, the Board.believes that the proposed revised rules clarify areas of ambiguity in the existing rules, place the rules in a consistent and, we hope, readable format. The Board encourages your review and comments of these proposed rules. Comments may be made orally at the public hearing on November 21 or in writing prior to that date. Thank you for your cooperation and your comments. David H. Cochran, President Minnehaha Creek Watershed District -2- MINNEHAHA CREEK WATERSHED DISTRICT In the Matter of the proposed ) adoption of Revised Rules of ) the Minnehaha Creek Watershed ) District ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Board of Managers of the Minnehaha Creek Watershed District on Thursday, November 21, 1985, commencing at 8:30 o'clock p.m. at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, concerning proposed revised rules of the Minnehaha Creek Watershed District. The public hearing is held pursuant to Minn. Stat. § 112.43, subd. lc, and its purpose is to determine whether revised rules should be adopted. The Managers desire to hear from affected landowners, governmental officials, and the general public regarding the proposed rules. All persons who wish to ask questions or express their views regarding the proposed rules are encouraged to attend the hearing or to submit their written comments to the Board of Managers at P. O. Box 387, Wayzata, Minnesota 55391, prior to November 21, 1985. If necessary the public hearing may be continued in order to allow all interested persons to be heard, which continuation, if any, shall be announced by the Managers at each preceding hearing, giving the time and place of the continued hearing. Copies of the proposed revised rules are available from Eugene A. Hickok & Associates, engineers for the District, 545 Indian Mound, Wayzata, Minnesota 55359 (telephone 473-4224), and from Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., attorneys for the District, 4344 IDS Center, Minneapolis, Minnesota 55402 (telephone 333-4800). DATED: October 17, 1985 BY ORDER OF THE BOARD OF MANAGERS Minnehaha Creek Watershed District /s/ John E. Thomas John E. Thomas, Secretary 1825n -2- P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANADERS David H. Cochran, Pres. · ^lbert L. Lehman · John E, Thomas Camille D. Andre · James B. McWethy · James R. Spens[ey · Richard R. Miller MINNEHAHA CREEK WATERSHED DISTRICT PROPOSED RULES lo/lo/85 TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. General Policy Statement Relationship of Uatershed District to Municipalities Definitions Rule A: Procedural Requirements Rule B: Stormwater Management Plans Rule C: Floodplain Alteration Rule D: Wetland Alteration Rule E: Dredging . Rule F: Shoreline Improvement Rule G: Stream and Lake Crossings Rule H: Enforcement Page 1 3 5 8 10 15 18 21 24 27 28 MINNEHAHA CREEK WATERSHED DISTRICT RULES GENERAL POLICY STATEMENT Under the Watershed Act, the Minnehaha Creek Watershed District exercises a series of powers to accomplish its statutory purposes. The legislature has recognized the public need to conserve natural resources through land utilization and flood control based upon sound scientific principles. Land alteration affects the rate, volume, and quality of surface water runoff which ultimately must be accommodated by the existing surface water systems within the District. The watershed is large--180 square miles--and its outlet -- Mi~nehaha Creek -- has limited capacity to carry flows. Flooding problems already occur in the urbanized areas of the District along Minnehaha Creek, and on Lake Minnetonka shoreland. Land alteration and utilization also can degrade the quality of runoff entering the streams and waterbodies of the District due to non-point source pollution. Sedimentation in lakes and streams from ongoing erosion processes and construction activities reduces the hydraulic capacity of waterbodies and degrades water quality. Water quality problems already exist in many of the lakes and streams throughout the District. Projects ~hich increase the rate of stormwater runoff.can aggravate existing flooding problems and contribute to new ones. Projects which degrade runoff quality can aggravate existing water quality problems and contribute tc new ones. Projects which fill floodplain or wetland areas can aggravate existing flooding by reducing flood storage and hydra~lic capacity of waterbod[es, and can degrade water quality by e]irinating the filtering capacity of such areas. Dredging projects can also degrade water quality and eliminate the natural appearance of shoreland areas. These rules seek to protect the public health and welfare and the natural resources of the District by providing reas¢~nabte regulation of the modification or alteration of lands an~ ~,~aters of the District to reduce the severity and frequency of flooding and high water, to preserve flood plain and wetland storage capacity, to improve the chemical and physical quality of surface water, to reduce sedimentation, to preserve hydraulic and navigational capacity of waterbodies, to preserve natural shoreland features, and to minimize public expenditures to avoid or correct such problems in the future. RELATIONSHIP OF WATERSH£D DISTRICT TO MUNICIPALITIES The District recognizes that the primary control and determination of appropriate land uses is the responsibility of the municipalities. Accordingly, the District will review perr~it applications involving land development only after it is first demonstrated that the application has been submitted to the city where the land is located and has received preliminary city approval. It is the intention +f the managers to ensure that development of land within the District, in addition to conforri~g with the development guides and plans adopted by local municipalities, proceeds in conformity with these rules. The District shall exercise control over development by its permit program in these rules to ensure the maintenance of needed natural water storage areas, waterbodies, their shorelines, and protection of existing natural topography and vegetative settings in order to preserve them for the present and future beneficial uses. The managers also desire to serve as technical advisors to the municipal officials in the preparation of local surface water management plans and the revie~.~ of individual development proposals prior to investment of significant public o[ private funds. To promote a coordinated review process between the District and the municipalities, t?:e managers request that tke oc8 ? cities submit preliminary plats to the District for review and comment. Such comments shall be submitted to the municipality and shall indicate, in a preliminary way, the criteria which will be used by the District in reviewing a future permit application. The District's comments do not eliminate the need for permit review and approval if otherwise required under these rules. Consistent with prior policy, it is the preference of the District that municipalities develop, as rapidly as possible, local surface water management plans, providing a coordinated system of managing surface water on a regional or subwatershed basis consistent with these rules. Where such a munici'pal plan is adopted, the requirements of the District's rules which are met by the municipal plan shall be deemed satisfied upon a showing of compliance with the municipal plan. In such cases, individual site-by-site permits for developments in areas covered by a municipal plan will not be required for those matters where the municipal plan satisfies these rules. In the absence of surface water management plans on a municipal or subwatershed level, the managers will continue to require individual site-by-site Permits for projects involving land development. -4- DEFINITIONS For the purposes of these rules, the following words shall have meanings set below. o o "Alteration" or "alter" means any activity that will change or diminish the course, current, or cross-section of protected waters and wetlands. "Beds of protected waters" means all portions of protected waters and wetlands located below the ordinary high water mark. "Dredge" means the removal of the sediment 6r other materials from the beds of protected waters or wetlands by means of hydraulic suction or mechanical excavation. "Fill" means any material placed or intended to be placed on the bed or bank of any protected water or wetland. "Flood plain" means the areas adjoining a watercourse which has been or hereafter may be covered by the regional flood. "Ordinary high water level" means the boundary of protected waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level shall be the elevation of the top of the bank of the channel. 7. "Person" means any ~atural person, partnership, unincorporated association, corporation, municipal corporation or political subdivision of the State of Minnesota. 8. "Protected waters" means all waters of the ~tate identified as public waters or wetlands under Minn. Stat. ~ 105.37, Subd. 14 or Subd. 15 or ~ 105.391, Subd. 1. 9. "Public waters" means all waters identified as public waters under Minn. Stat. ~ 105.37, Subd. 14 or § 105.39, .Subd. 1. 10. "Regional flood" means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. ' 11. "Waterbasin" means an enclosed natural depression with definable banks capable of containing water which may be partly filled with waters of the state and which is discernible on aerial photographs. 12. "Waterbody" means all waterbasins and watercourses as defined in these rules. 13. "Watercourse" means any channel having definable beds and banks capable of conducting generally confined runoff from -6- adjacent lands. During floods water may leave the confining beds and banks but under low and normal flows water is confined within the channel. A watercourse may be perennial or intermittent. 14. "Wetlands" means all types 3, 4 and 5 wetlands, as defined in U. S. Fish and Wildlife service Circular No. 39 (1971 edition). -7- RULE A PR©CEDURAL REQUIREMENTS 1. APPLICATION REQUIRED Any person undertaking any activity for which a permit is required by these rules shall first submit for review a permit application, engineering design data and such other information to the District as may be required by these rules to determine whether the improvements are in compliance with the criteria established by these rules. 2. FORMS .. Permit applications shall be submitted using forms provided by the District. Forms are available from the District's engineer, E. A. Hickok & Associates, 545 Indian Mound, Wayzata, Minnesota 55391 - (612)473-4224. Permit applications shall be addressed to: Minnehaha Creek Watershed District Board of Managers P. O. Box 387 Wayzata, Minnesota 55391 3q ACTION BY BOARD OF MANAGERS The managers shall act within 45 days of receipt of an application and complete set of required exhibits. 4. CONFORMITY WITH MUNICIPAL PLAN The managers wilt review applications for permits involving land development only after the applicant demonstrates -8- that the plan has received preliminary approval from the municipality indicating compliance with the municipal plans. 5. TIME FOR SUBMITTAL The permit application and all completed exhibits must be received by the District at least 10 full days prior to the scheduled meeting date of the Board of Managers. Late sub~ittals or submittals with incomplete exhibits will be scheduled to a subsequent meeting date. 6. REGULAR MEETINGS Scheduled meetings are conducted on the third Thursday of each month, beginning at 7:30 p.m. Meetings scheduled for odd numbered months are held at the City of St. Louis Park Council Chambers, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. All other scheduled monthly meetings are held at the City of Wayzata Council Chambers, 600'E. Rice Street, Wayzata, Minnesota. -9- RULE B STORMWATER MANAGEMENT PLANS 1. POLICY. It is the policy of the Board of Managers to: (a) Manage stormwater and snow melt runoff rates on a regional or subwatershed basis throughout the DiStrict, so that future peak rates of runoff into major surface water bodies are reduced or equal to existing rates; (b) Implement and encourage non-structural runoff management practices wherever possible, using and preserving wetland, floodplains, and other natural water basins to reduce runoff rates and nonspoint nutrient and pollutant loadings; (c) Require preparation and implementation of erosion control plans for construction and land development activities. 2. REGULATION. Prior to commencing construction, a developer of land for residential, commercial, industrial, or institutional uses shall submit a stormwater management plan to the District in conformity with the requirements of this rule and secure a permit from the District approving the stormwater management plan. The managers will review a stormwater management plan only after the applicant demonstrates that the project has received preliminary approval from the municipality indicating compliance with existing municipal plans. -10- 3. DESIGN CRITERIA FOR STORMWATER bIANAGEMENT PLANS. Stormwater management plans shall comply with the following criteria: (a) The rate of stormwater runoff from the site shall not increase as a result of the proposed development. Developed peak rates of runoff shall be controlled such that the existing peak rates are not exceeded. This criteria shall be analyzed and met for runoff producing events of critical duration with return frequencies of 1, 10 and 100 years in the watershed in which the site is located. (b) If possible, natural existing low areas will be used for detention of runoff to comply with rate control criteria. Reservoir routing procedures and critical duration runoff events shall be used for design of detention areas and outlets. (c) In general, the quality of stormwater runoff after development shall be equivalent to runoff quality for the existing condition. Proposed stormwater management facilities shall be designed to remove suspended sediment of 0.10 mm diameter or larger with 90 percent trap efficiency. Structural outlets shall remove floatables from ponded runoff. Engineered detention areas shall provide at least 1.0 foot of elevation difference between the bottom of the ponding area and the outlet invert of sediment storage. This criteria shall be analyzed and met for runoff producing events of critical duration and a return frequency of 1 year. -11- (d) Waterborne sediments shall be prevented from entering existing drainageways to prevent sediment transport off the site during and after construction. (e) The proposed project shall not adversely affect water levels off the site during or after construction. (f) Runoff draining onto the site must be accommodated in the analyses and design of new stormwater management facilities. (g) The volume of site runoff may not increase due to the project when the receiving area of said runoff is landlocked, except when the applicant either owns or has proper rights over the landlocked property. '(h) All stormwater management facilities shall be located on drainage, utility and/or flowage easement's to provide access and to prevent future alteration or encroachment. (i) Stormwater Management Plans shall be in conformance with existing Municipal Stormwater Management Plans. 4. REQUIRED EXHIBITS. The following are required exhibits that must accompany the permit application. One set - full size; one set - reduced to maximum size of ll"x17" (a) Stormwater Management Plan, certified by a professional engineer registered in the State of Minnesota. A Stormwater Management Plan shall include the following: (1) Property lines and delineation of lands under ownership of the applicant. (2) Delineation of the subwatershed contributing -12- runoff from off-site, and proposed and existing subwatersheds on-site. (3) Proposed and existing stormwater facilities location, alignment and elevation. (4) Delineation of existing on-site wetland, marshes, shorel~nd and/or floodplain areas. (5) Existing and proposed normal, 1-year and 100-year water elevations on-site. (6) Existing and proposed site contour elevations related to NGVD, 1929 datum. (7) Construction plans and specifications of all proposed stormwater management facilities. (8) Stormwater runoff volume and rate analyses for existing and proposed conditions. (9) All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. (10) Documentation indicating conformance with an existing municipal stormwater management plan. When a municipal plan does not exist, documentation that the municipality has reviewed the project. (b) Erosion Control Plan. An Erosion Control Plan prepared by a qualified individual, shall show proposed methods of retaining waterborne sediments on-site during the period of construction and shall show how the site will be restored, -13- covered, or revegetated after construction. Sites with high erosion potential characterized by steep slopes or erodable soils may require a cash deposit to ensure performance and any necessary remedial action. (c) Soil boring results (if available). 5. EXCEPTIONS. (a) If the District has approved a municipal stormwater management plan for a municipality, or for a subwatershed within a municipality, the requirements in paragraph 3 of this rule which are met by the municipal plan shall be deemed satisfied upon showing of compliance with the municipal plan. (b) The requirement of paragraph 3(a) above shall not apply to a project where the total site area is less than one-half acre. (c) Residential developments where the total site area is less than two acres and contains four or fewer living units, and where the total off-site area contributing runoff to the site improvements is less than one acre, do not require a permit under this rule. RULE C FLOODPLAIN ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Preserve existing water storage capacity below 100-year flood elevations on all waterbodies in the watershed to minimize the frequency and severity of high water; (b) Minimize development in the 100-year floodplain which will unduly restrict flood flows or aggravate known high water problems. 2. REGULATION. No person shall alter or fill land below the 100 year flood elevation of any protected water or wetlands without first securing a permit from the District. 3. CRITERIA FOR FLOODPLAIN ALTERATION. Floodplain filling shall not cause a net decrease in flood storage capacity below the projected 100-year flood elevation unless it is shown that filling will not cause high water or aggravate flooding on other properties and will not unduly restrict flood flows, if all other properties on the affected reach of the waterbody are filled within the 100 year floodplain to the same degree of encroachment as proposed by the applicant. The allowable fill area shall be calculated by a professional engineer registered in the State of Minnesota or by a qualified hydrologist. -15- 4. REQUIRED EXHIBITS. The following are required exhibits that must accompany the permit application. One set - full size; one set - reduced to maximum size of ll"x17". (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the work area, ordinary high water elevation, and regional flood elevation. All elevations must be reduced to NGVD (1929 datum). ' (b) Grading plan showing any proposed elevation changes. (c) Preliminary plat of any proposed land development. (d) Determination by a professional engineer or qualified hydrologist of the local 100-year flood elevation before and after the project. (e) Computation of change in flood storage capacity resulting from proposed grading. (f) Erosion Control Plan prepared by a qualified individual showing proposed methods of retaining waterborne sediments on-site during the period of the work and until bare soil surfaces have been covered or revegetated. (g) Soil boring results (if available). 5.' EXCEPTIONS. (a) If a municipality has adopted a floodplain ordinance which prescribes an allowable degree of floodplain encroachment, that ordinance governs the allowable degree of encroachment and no permit is required under this rule. (b) Projects within floodplain areas which also involve -16- changes in land use require a permit under Rule B. Projects in floodplain aress which also alter wetlands require a permit under Rule D. -17- RULE D WETLAND ALTERATION 1. POLICY. It is the policy of the Board of Managers to: (a) Minimize the use of protected waters and wetlands for the placement of fill, roads, highways, utilities, or other structures; (b) Minimize any adverse changes in water levels and water quality resulting from projects in protected waters and wetlands within the watershed. 2. REGULATION. No person shall alter or fill any portion of: (a) any protected water or protected w~tland, or (b) any type 3, 4, or 5 wetland greater than 0.5 acre in size below the ordinary high water level, or (c) any type 3, 4, or 5 wetland less than 0.5 acre in size below the ordinary high water level where the watershed to wetland ratio is 4:1 or more, without first securing a permit from the District. 3. CRITERIA. (a) Alteration of wetlands shall not adversely affect the ability of the wetland to act as a filter for the surface waters of the District and shall not unduly restrict the capacity of the wetland. The total allowable fill area shall be determined from nutrient and water budgets computed by the applicant, using -18- methods published by the engineer under paragraph 5 below or suitable equivalent methods. This analysis shall be prepared by a professional engineer registered in the State of Minnesota or by a qualified hydrologist. The applicant may fill the applicant's pro rata share of the total allowable fill area based upon the percentage of the total wetland owned by the applicant. (b) Notwithstanding paragraph 3(a), the District may deny any filling proposal if circumstances warrant the preservation of the wetland in tot31. 4. REQUIRED EXHIBITS. One set - full size; one set - reduced to a maximum size of ll"xlT" (a) Site Plan showing: (1) Property lines and corners and delineation of lands under ownership of the applicant; (2) Existing and proposed elevation contours. (3) Existing runout elevation and flow capacity of the wetland outlet. (4) Area (acre) of the wetland portion to be filled. (b) Area (acres) of the existing wetland and classification of the vegetation types present in the basin. (c) Delineation and area (acres) of the total watershed area presently contributing stormwater runoff to the wetland. -19- (d) A description of the nature and amount of the proposed fill material. (e) Information 'showing whether the subject wetland is protected by either the State or municipality or both. 5. GUIDELINE. The engineer shall publish and make available to interested persons recommended criteria for d~termining the allowable filled area under paragraph 3(a) of this rule. -20- RULE E DREDGING 1. POLICY. It is the policy of the Board of Managers to preserve the natural appearance of shoreline areas, maintain and improve recreational wildlife and fisheries resources of surface waters, and to minimize degradation of surface water quality which can result from dredging operations. 2. REGULATION. No person shall dredge in the beds, banks or shores of any protected water or wetland in the District without first securing a permit from the District. 3. CRITERIA. (a) Dredging is permitted under the following conditions: (1) where the work is necessary to maintain, or remove sediment from, an existing public or private channel; (2) where the work is necessary to implement or maintain an existing legal right of navigational access; (3) where the work will improve the recreational wildlife, or fisheries resources of surface waters; (b) No dredging is permitted: (1) above the ordinary high water level or into the upland adjacent to water areas. (2) which would enlarge a natural water course landward or which would create a channel to connect adjaceht backwater areas for navigational purposes. -21- (3) where the dredging will alter the natural shoreline of the lake. (c) Dredging identified in 3(b) above may be permitted where the project complies with applicable DNR rules governing such projects. 4. GENERAL STANDARDS. (a) Spoil material shall be disposed of'in a location above the regional flood elevation of any adjacent waterbody and not prone to erosion. (b) In cases of an identifiable source of sediment under the control of the @pplicant, the plan shall include remedial action to minimize deposition of sediment. (c) All dredging proposals that involve docking shall be submitted to and approved by the Lake Minnetonka Conservation District and the Minnesota Department of Natural Resources prior to review by the District. (d) The proposed project must represent the "minimal impact" solution to a specific need with respect to all other reasonable alternatives such as weed removal without dredging, beach sanding, excavation above the bed of public water, less extensive dredging in another area of the public water, or management of an alternate water body for the intended purpose. (e) The dredging must be limited to the minimum dimensions necessary for achieving the desired purpose. 5. REQUIRED EXHIBITS. The following are required exhibits -22- that must accompany the permit application. One set - full size; one set - reduced to maximum size of ll"x17" (a) Site plan showing property lines, delineation of the work area, existing elevation contours of the adjacent upland area, ordinary high water elevation, and regional flood elevation (if available). All elevations must be reduced to NGVD (1929 datum). (b) Profile, cross sections and/or topographic contours showing existing and proposed elevations and proposed side slopes in the ~;ork area. (Topographic contours should be at intervals no greater than 1.0 foot.) (c) Support data: (1) soil boring logs extending ~at le'ast one foot below the proposed work elevation. (2) description and volume computation of material to- be removed. (3) description of equipment to be used. (4) construction schedule. (5) location map of spoil disposal area. (6) erosion control plan for disposal area. -23- RULE F SHORELINE IMPROVEMENT 1. POLICY. It is the policy of the Board of Managers to: (a) assure that improvement of shoreline areas to prevent erosion complies with accepted engineering principles in conformity with DNR construction guidelines, and, (b) preserve the natural appearance of shoreline areas. 2. REGULATION. NO person shall construct a shoreline improvement to prevent erosion, such as rip rap or retaining wall, for any other purpose, such as boat ramps and sand blankets, without first securing a permit from the District. 3. CRITERIA FOR RIP RAP PLACEMENT. Rip. rap placement shall comply with the following criteria: (a) Rip rap material should be durable stone and of a gradation that will result in a stable shoreline embankment. (b) The finished slope of the rock fragments, boulders and/or cobbles should not be steeper than a ratio of 3 feet horizontal to 1 foot vertical (3:1) under normal conditions. Steeper slopes will generally require larger sized rip rap. (c) Under normal circumstances, no rip rap or filter materials should be placed more than 5 feet waterward of the shoreline measured from the ordinary high water level (OHL) elevation. (d) A transitional layer consisting of graded gravel, at least 6 inches in depth, and an appropriate geotextile filter bric shall be placed between the soil material of the existing shoreline and the rip rap to prevent erosion of the embankment and to prevent settlement. (e) Rip rap placement should not be attempted when ~]n~erly~ng of soils are not capable of supporting resulting loads. In these cases, a qualified soils specialist should be consulted. 4. CRITERIA FOR RETAINING WALLS. (a) Wooden seawalls and/or steel sheetpiling retaining ~zatls shall co~ply with accepted engineering principles. (b) The applicant shall submit a structural analysis which sho~s that the ~{all will withstand expected ice and wave action and earth pressures. (c) The applicant shall submit a survey prepared by a registered land surveyor locating the finished wall and shall file a certificate of survey with the District. 5. CRITERIA FOR OTHER SHORELINE IMPROVEMENTS. Other shoreline improvements, suCh as boat ramps and sand blankets, shall comply with accepted engineering principles.' 6. REQUIRED EXHIBITS. The following are required exhibits that must accompany the permit application. One set - full size; one set- reduced to maximum size of ll"x17" (a) Site plan showing property lines, delineation of lands under ownership of the applicant, delineation of the existing s~oreline, existing c~0nt~ur elevations (if available) and locations and lineal footage ?f ~he proposed rip faf treatment. (b) Cross section detailing the proposed rip rap, drawn to scale, with'the horizontal and vertical scales noted on the drawing. The detail should show the finished rip rap slope, transitional layer design and placement, distance lakeward of the rip rap placement, ordinary high water level elevation and material specifications. (c) Description of the underlying soil ~aterials which will support the rip rap. (d) Gradation, average diameter, quality and type of rip rap material to be used. Normally, a Class III gradation is sufficient (see below). (e) Gradation, quality and type of filter blanket material to be used. Normally, a Type I gra~ati'on is sufficient. (f) Manufacturer's material specifications for proposed geotextile fabric(s). (g) materials used shall be non-polluting. 7. GUIDELINES. The engineer shall publish and make available to interested persons a typical cross-section for shoreline protection in compliance with this rule. -26- RULE G STREAM AND LAKE CROSSINGS 1. POLICY. It is the policy of the Board of Managers to discourage the use of lake beds and beds of waterbodies for the placement of roads, highways and utilities. 2. REGULATION. No person shall use the beds of protected waters or wetlands within the District for the placement of roads, highways and utilities without first securing a permit from the District. 3. CRITERIA. Use of the bed: (a) (b) (c) (c) REQUIRED EXHIBITS. that must accompany the permit application. one set - reduced to maximum size of ll"x17" shall meet a demonstrated public benefit, shall retain adequate hydraulic capacity, shall retain adequate navigational capacity, shall not adversely affect water quality. The following are required exhibits One set -full size; (a) construction plans and specifications. (b) analysis prepared by a professional engineer or qualified hydrologist showing the'effect of the project on hydraulic capacity and water quality. (c) an erosion control and restoration plan. -27- RULE H ENFORCEMENT 1. VIOLATION OF RULES A MISDEMEANOR. Violation of these rules, a stipulation agreement made, or permit issued by the Board of Managers pursuant to these rules, is a misdemeanor subject to a penalty as provided by law. 2. DISTRICT COURT ACTION. The District may exercise all powers conferred upon it by Minn. Stat. Chapter 112 in enforcing the rules adopted hereunder, including criminal prosecution, injunction, or action to compel performance, restoration or abatement. 3. ADMINISTRATIVE ORDER. The District may 'issue a cease and desist order when it finds that a proposed or initiated project presents a serious threat Of soil erosion, sedimentation, or an adverse effect upon water quality or violates Shy rule of the District. 1669n 10/10/85 -28- G£N OL$ON Senator 43rd District 132C State Office Building St. Paul. Minnesota 55155 (612) 296-1282 Home: 6750 County Road 1 l0 West Mound. Minnesota 55364 (612) 472-3306 State of Minnesota November 6, 1985 Fran Clark Acting City Manager C~ty of Mound 5341 Maywood Road Mound, MN 55364 Dear Ms~Clark: Enclosed is a notice of proposed rule changes involving fee increases that w~ll go into effect without benefit of public hearing. This is'another example of the legislative practice of appearing to cut back on state government but, in reality, giving state departments greater authority to expand and increase their revenue by fee increases which aye d~fficult for the public/local units of government to challenge. This latest set of rule changes affects communities with present or future municipal water systems, as well as other endeavors involving the Department of Health. Requests from 20% of those affected are required for a public hearing. Please share this information with others you know to be affected by As one who does not support rulemaking without public hearing (rules have the effect of law), I wanted to be sure you received this information. Gen Olson State Senator GO/bk COMMITTEES · Education · Local and Urban Government · Energy and Housing SERVING: Deephaven. Eden Prairie (portions ofl, Excelsior, Greenwood. Long kake. Minnetonka (portions of). Minnelonka Beach, Minnetrista.. ,',lound. Orono. St. Bonifacius, Shorewood. Spring Park, Tonka Bay and Woodland STATE OF MINNESOTA COUNTY OF HENNEPIN BEFORE THE MINNESOTA COMMISSIONER OF HEALTH In the Matter of the Adoption of Rules Establishing Fees for Review of Plans Relating to Public Water Supplies, Minn. Rules, pt. 4720.0015, and the Amendment of Rules Establishing Fees for Plumbers, Minn. Rules, pts. 4715.3150 and 4715.3160; Water Conditioning Installers and Contractors, Minn. Rules, pt. 4715.5900; Manufactured Home Parks and Recreational Camping Areas, Minn. Rules, pt. 4630.2000; Sanitarian registration, Minn. Rules, pt. 4695.2900; Ionizing Radiation Sources, Minn. Rules, pt. 4730.0600; Food and Beverage establishments, Minn. Rules, pt. 4625.5000; and Lodging establishments, Minn. Rules, pt. 4625.2300. NOTICE OF PROPOSED ADOPTION AND AMENDMENT OF RULES WITHOUT A PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Minnesota Commissioner of Health proposes to adopt Minn. Rules, pt. 4720.0015, establishing fees for review of plans relating to the construction, alteration or extension of public water supplies, and to amend Minn. Rules, pt. 4715.3150 and 4715.3160, establishing examination and licensing fees for plumbers, Minn. Rules pt. 4715~5900, establishing examination and licensing fees for water conditioning installers and contractors, Minn. rules pt. 4630.2000, establishing licenisng fees for manufactured home parks and recreational camping areas, Minn. rules, pt. 4695.2900, establishing registration fees for sanitarians, Minn. Rules, pt. 4730.0600, establishing registsration and inspection fees for ionizing radiation sources, Minn. rules, pt. 4625.5000, establishing licensing fees for food and beverage establishments, and Minn. Rules, pt. 4625.2300, establishing licenisng fees for lodging establishments. The Commissioner proposes to adopt and amend the above rules without a public hearing following the procedures set forth in Minnesota Statutes, sections 14.22 to 14.28. The specific statutory authority to adopt and amend the rules is as follows: Plumbers, Minn. Stat. $ 326.40; -1- Water Conditioning Installers and Contractors, Minn. Stat. ~ 326.60; Manufactured Home Parks and Recreational Camping Areas, Mina. Stat. ~ 327.16, subd. 3; Sanitarians, Minn. Stat. § 214.13, subd. 3; Ionizing Radiation Sources, Minn. Stat. ~ 144.121; Food, Beverage and Lodging Establishments, Minn. Stat. § 157.03; and Review of Plans Relating to Public Water Supplies, Minn. Stat. § 144.383. In addition to the specific auth.roity cited above, the Commissioner of Health also has general authority pursuant to Minn. Stat. ~ 144.122 to prescribe fees for the issuance of original and renewal permits, licenses, registrations and certifications issued under her authority. Further, Minn. Stat. 16A.128, as amended by Minn. Laws, Ch. 13, ~ 101 (1985), provides that fees must be set or adjusted so the total fees nearly equal the sum of the appropriation for the accounts plus agency's general support costs, statewide indirect costs, and attorney general costs attributable to the fee function. Persons interested in these rules shall have 30 days in which to submit comment in support of or in opposition to the proposed rule or amendments or any part or subpart of the rule or amendments, and comment is encouraged. Each comment should identify the portion of the proposed rule or amendment addressed~ the reason for the comment, and any proposed change. Any person may make a written request for a public hearing on the rule or amendments within the 30-day comment period. If 20 percent of the persons who will be required to pay the fees established by these rules submit to the agency during the 30-day comment 'period 'a written request for a public hearing on the proposed rule or amendment, a public hearing will be held unless a sufficient number withdraw their request. The number of requests for a hearing which would constitute 20 percent of the persons who will be required to pay the fees established by these rules is as follows: -2- Type of Fee Plumbers Water Conditioning Installers and Contractors Registered Sanitarians Mobile Home Parks and Recreational Camping Areas X-Ray Facilities Food, Beverage and Lodging Establishments Public Water Supply Plan Review 20% 1140 54 36 210 1100 1700 2O0 Any person requesting a public hearing should state his or her name and address, and is encouraged to identify the portion of the proposed rule or amendment addressed, the reason for the request, and any proposed change. If a pulbic hearing is required, the agency will proceed pursuant to Minnesota Statutes, sections 14.131 to 14.20. Persons who wish to submit comments or a written request for a public hearing must submit such comments or request to: Pauline Bouchard Division of Environmental Health Minnesota Department of Health 717 Delaware Street Southeast, Minneapolis, Minnesota 55440 Telephone: (612) 623-5331 The proposed rule and amendments may be modified if the modifications are supported by the data and views submitted and do not result in a substantial change in the proposed rule and amendments as noticed. A copy of the proposed rule and amendments is attached to this notice. -3- A Statement of Need and Reasonableness has been prepared and is available upon request from Pauline Bouchard at the above phone number and address. The statement describes the need for and reasonableness of each provision of the proposed rule and amendments, identifies the data and information relied upon to support the proposed rule and amendments, and contains the approval of the Commissioner of Finance. ~ ' The proposed rule and amendments will affect small businesses as they are defined in Minn. Stat. 214.115, Subd. I. The adoption of new part 4720.0015, will require the expenditure of public moneys by local public bodies. The agency's statement of Need and Reasonableness contains the agency's reasonable estimate of the total cost to local public bodies in the state as a result of the State's implementation of the rule. There will be no implementation cost to local public bodies other than paying the fees. If no hearing is required, upon adoption of the rule and amendments, the rule and the required supporting documents will be delivered to the Attorney General for review as to legality and form to the extent 'the form relates to legality. Any person may request notification of the date of submission to the Attorney General. Persons who wish to be advised of the submission of this material to the Attorney General, or who wish to receive a copy of the adopted rule and amendments, must submit a written request to Pauline Bouchard at the above address. Dated: ~~, 1985 STATE OF MINNESOTA COMMLSSIONER OF HEALTH ~. Y M~DONNA ASHTON Commissioner ~ -4- Department of" ~ · nea~th Divisicn of Environmental Health Prcposed Rules Relating to Licensing Fees Rules as Proposed 7 8 9 10 !i 12 15 16 17 4625.2300 INITIAL AND RENEWAL LICENSE FEES, LICENSE EXPiRATiON DATES. Subpart i. Fee schedule. License applications for lodging estab!is~ents as defined in part 4625.0100 shall be acccmpanied by the-e~eab~e ~ fee A:--ene-te-EB-sfeepEa~-~eom~-$(6~ Der room, uo ~o a maximum total fee of $250. 18 4625.5000 INITIAL AND RENEWAL LICENSE FEES, LICENSE EXPIRATION 19 DATES. 20 Subpart !. Fee schedule. Initial and renewal license 21 applications for food and beverage establishments as defined in 22 part 4625.2400 shall be accompanied by the applicable fee as 23 determined from the schedule below. The average number of 24 employees shall be computed in accordance with Minnesc%a 25 Statutes, sec%ion !57.03. 26 27 28 29 3O 31 A. one to four employees, $%~ $52.50; B. five to 18, SgR $90; C. 19 to 28, $~88 S135; D. 29 to 35, $E~8 S187.50; E. 36 and over, $E88 $225; and F. limited or temporary food service, S~ S37.50. 32 33 34 35 463~.2000 FEE SCHEDULE FOR LICENSES. The application for a primary license, or a renewal thereof, to operate a mcbile home park or recreational camping ~Ev SOa OF STATUTES gFFiCE B~: 'D -¥ :s~oIio~ se aq li~q~ L~ license on forms provided by the cor~,issioner of health. The app!ica:ion shall be accompanied by a fee of $}5 $45 for a journeyman plumber's license or S48 $80 for a master plumber's license. 5 4715.3160 EXPIRATION OF LICENSES. Subpart !. Issuance and expiration. Initial and renewa' 7 journeyman and master plumber's licenses shall be issued for the 8 calendar year for whic~ aDDiication is made and shall expire on 9 December 31 of such year. Any journeyman or master plumber !0 submits his renewal application after December 31 shall no= work !i as a journeyman or master plumber until he has submitted an 12 application, fee, and penalty fee. Any licensee who does 13 renew his license within two years is no longer eligible for i4 renewal. Such person must retake and pass the examine=ion !5 before a new license will be issued. i6 Subp. 2. License renewals. Applications for license 17 renewal shall be submitted to the commissioner of health cn 18 forms provided no later than December 31 of the year preceding %he year for which application is made. The application shall 20 be accompanied by a fee of $}5 $45 for a journeyman plumber and 21 ~4~ $80 for a master plumber. Journeyman and master plumbers 22 who submit their license renewal applications after the time 23 specified in subpart 4-aBo¥e ~ but within two years after expire%ion of the previously issued license shall pay all past 25 due renewal fees plus an additional $8. 26 Subp. 3. Fee [or filing bond and insurance. Master 27 pl~mbers who file a bond and evidence of liability insurance 28 with the secretary of state, pursuant to 5aw~-eE Minnesota 29 }958 Statutes, chep~er-6847 section ~ 326.40, shall pay an 30 additional fee of SE~ $40. 31 47!5.5900 FEES. 32 Subpart i. Examination fee. The fee for application for 33 examination or reexamination shall be ~}8 $30 for a water 34 conditioning installer, and $~5 $30 for a water conditioning 35 contractor. Only fees from persons who do not qualify for ~.~G~,',~c~ :$~o~To~ s~ ~:s ~u-~. ~ o ~uo ~ ~ :O~S '(uoT:~^ou~) s%u~ic :u~%~e:& 'j z~%~ '~u~:nsu~ pue puoq 6u~I~; ~o; .~Z '[ '~qnS 9 ieiuTu~ sql .uo~%~%sT~ex i~TuueTq · ~o sq%uo~ ee~q% %s~I 5u~np uo~%e:%s~Sa~ ~u~nba~ saw,nos :o~ aa& '£ 'dqn$ aa; ~q% o% uo~%Tppe u~ ~i$ ~o ~aa) A:ieuad e Xq pa~ue'd~o~ ag · ~:~uuap XG pa~ s~no$ apni~u~ ~ou saop ~ng 'pa~os$~ a~ 9[ I£ O~ 6~ 9E O: o~'s 91 ~T It OI 6 £ 9 ?__-~;-w .... Di,{/;.MS : EOS:.'.2+:] ~-B/"'/O'.. , , (D 0 0