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86-01-14 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, JANUARY lq, 1985 COUNCIL CHAMBERS .?.77 8. 9. Approve Minutes of December 10, 1985, Regular Meeting Approve Minutes of December 17, 1985, Regular Meeting Approve Minutes of December 27, 1985, Special Meeting Resolution Appointing Acting Mayor for 1986 Pg. 3-10 Pg. 11-19 Pg. 20-21 Pg. 22 Resolution Designating the Official Newspaper for 1986 Pg. 23-25 Resolution Designating the Official Depositories for 1986 Pg. 26 Resolution Appointing Council Representatives to Advisory Commissions Pg. 27 Resolution Approving the Purchase of a $20,000 Bond for the City Clerk Pg. 28 Resolution Approving the Purchase of a $20,000 Bond for the City Treasurer/Finance Director Pg. 29 Resolution Appointing an Acting City Manager for 1986 Pg. 30 Resolution to Concur with the Park Commission on the Reappointment of Cheryl Burns and Delores Mass, and the Appointment of Marilyn Byrnes 10. Comments & Suggestions from Citizens Present Pg. 31 11. Approval of an Operations Permit for Quartz Industries Pg. 32-36 12. 13 · 14. Approval to Continue Taping Council Meetings for Cable T. V. Approval of Cigarette License Application Super America - 5337 Shoreline Blvd. Set Date for Public Hearing on Proposed Amendment to the District Provisions & Performance Standards of the Zoning Ordinance to Regulate Satellite Dish Antennas (SUGGESTED DATE: JANUARY 28, 1986) Proposed Conditional Use Permit for Operation of a Water Ski School at 2627 Commerce Blvd. on Lake Langdon - Date for Consideration 1-28-86 15. Pg. 37-38 Pg. 39 Pg. 40 Pg. 41-42 Page 1 16. 17. 18. 19. Resolution Amending Building Permit Fee Schedule to Coincide with the 1985 Edition of the Uniform Building Code Pg. 43-50 Discussion/Direction on Public Access to Lake Minnetonka - North Shore of Halsted Bay Pg. 51-53 Membership in Association of Metropolitan Municipalities Pg. 54-67 Payment of Bills Pg. 68-93 INFORMATION/MISCELLANEOUS A. School District Minutes of December 9, 1985 Pg. 94-96 B. Letter from City Attorney - RE: Planning and Zoning Law Pg. 97-103 Ce Letter from City Attorney to U. S. Magistrate RE: Dismissal of Gregory J. Skinner vs. City of Mound Pg. 104-105 Do Letter and Report from Metropolitan Waste Control Commission (MWCC) RE: Rate Setting Pg. 106-119 me Memo from League of Minnesota Cities (LMC) RE: Appointments to 1986 Conference Planning Committee. (Note: If you are interested in serving on the Committee, please advise) Pg. 120 F® Cover Memo of 1986 Proposed City Policies and Priorities from LMC. (Note: If you are interested in seeing a complete copy, please advise) Pg. 121 Cover Letter from AMM RE: 1985-86 Policies and Legislative Proposals. (Note: If you are interested in seeing a complete copy, please advise) Pg. 122 He 1987 Local Government Aid Formula (LGA) Based Upon LMC's Proposed Policies RS-2 and RS-3. Pg, 123-149 me Summary of Area Bond Sales as Published by Ehlers and Associates Pg. 150 Article from Metro Monitor (Metro Council) RE: Public Access to Lake Minnetonka Pg. 151 K. Article from Metro Monitor RE: Recycling Programs Pg. 152 Page 2 MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on December 10, 1985, at 7:30 PM, in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, City Building Inspector Jan Bertrand, Water and Sewer Superintendent Greg Skinner, Police Chief Len Harrell, Finance Director John Norman. Also present were: Audrey Evans, Marty dessen, Nell Weber, Cheryl Grand, Steve Coddon, St~ve Tessmer and Ray Teiger. Mayor Polston opened the meeting and welcomed those present. PUBLIC HEARING: PROPOSED AMENDMENT TO THE ZONING MAP, LOTS 1, 2, 3, 4 and 5, BLOCK 11, LAKESIDE PARK, A.L. CROCKERS 1st DIVISION - From R-3 Residential TO B-1 Business. City Planner, Mark Koegler explained that the developers of Town square want to expand their parking lot into an area outside of, but adjacent to, the present tax increment financing district. This will add 29 parking spaces and allow the construction of an emergency entrance at the rear of the clinic. These request presents two issues: rezoning and a comprehensive plan amendment. The comprehensive plan amendment has to be reviewed by the Metropolitan Council. The Planning Commission and Staff recommends approval of the request subject to the following conditions: Approval of the rezoning shall be officially granted upon receipt of the comprehensive plan amendment approved by the Metropolitan Council. Lots 1 through 5, Block 11, "Lakeside Park, A.L. Crocker's 1st Division, Mound, Minnesota" shall be platted and combined as one tax parcel consistent with the remainder of the Town Square property. 3. All parking and access improvements shall be constructed consistant with the amended site plan. e The applicant shall prepare and submit detailed landscaping plans for the expansion of the parking area for review and approval by the City Planner. December 10, 1985 Mayor Polston opened the Public Hearing, asking for comments in favor or against this item. There were none, he closed the Public Hearing. Councilmember Paulsen moved and Councilmember Jessen seconded amending the following, ordinance: ORDINANCE NO. 486 AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP BY REZONING A CERTAIN PARCEL (AS DES- CRIBED) FROM R-3 RESIDENTIAL TO B-1 BUSINESS. The vote was unanimously in favor. Ordinance amended. PRESENTATION BY THE SUBURBAN HENNEPIN COUNTY REGIONAL PARK DISTRICT COVERING 1985 LEGISLATION AND CURRENT .PARK DISTRICT ACTIVITIES Nell Weber and Marry Jessen presented the Council information on the new parks system. There is now a seven member board, five elected and two appointed. Nell Weber is a newly appointed director. The purpose of visiting various communities is to explain 1985 legislation and current park district activities. Minneapolis parks are not idcluded in the new Hennepin County System. The new name is "Suburban Hennepin Regional Park District", new slogan,'"Yours to Enjoy Naturally". The 1986 budget is eight million dollars. 'Insurance is high and new facilities are planned.' There is 24 thousand acres in the 19 park locations. They welcomed questions about the park system. A short video was shown to the Council. The Council thanked Mr. Weber and Mr. Jessen for sharing this with the Council. CONSIDERATION AND APPROVAL OF BID FOR 1986 DIESEL POWER~ SINGLE AXLE, ~1~000 GVW DUMP TRUCK WITH PLOW~ WING~ DUMP BODY AND SANDER. The Acting City Manager stated that there were three bids received. Lakeland Ford Truck Sales was the lowest, with a bid of $57,473.75. Councilmember Paulsen moved and Councilmember Jessen seconded the fol.lowlng resolution: RESOLUTION #85-'155 RESOLUTION APPROVING THE LOW'BID THAT MET SPECIFICATIONS TO LAKELAND FORD TRUCK SALES IN THE AMOUNT OF $57,473.75 FOR PURCHASE OF THE 1986 DIESEL DUMP TRUCK WITH ATTACHMENTS The vote was'unanimously in favor. Resolution passed. December 10, 1985 DECISION ON MARTIN LUTHER KING'S BIRTHDAY The Mayor stated that the State has declared a mandatory legal holiday, the third Monday in January. The decision to be made is to use this holiday as a floating holiday or take it off without pay~ Councilmember Peterson moved and Councilmember Smith seconded the following motion: MOTION that City Employees will have January 20, 1986, off using their floating holiday or take the. day off without pay. The vote was unanimously in favor. Motion carried. APPROVAL OF LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES, (LELS) COVERING THE SERGEANT OF INVESTIGATION AND THE SERGEANT OF PATROL FROM 1-1-86 TO 12-31-86, A ONE YEAR CONTRACT. The Acting City Manager stated that this is the same contract as the previous two year contract, except for the 6% salary increase as ali other employees will receive and which was approved in the1986 budget. Councilmember Peterson commented the 1987 contract should show a salary adjustment to correspond with the inflation rate of 3%. All contracts come up for negotiation at the end of 1986. Police Chief, Len Harrell said the union has already approved this contract for 86, it now needs Council approval. Councilmember Paulsen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-156 RESOLUTION APPROVEING CONTRACT FOR 1986, WITH LAW ENFORCEMENT LABOR SERVICES. The vote was unanimously in favor. Resolution passed. SET-'SALARIES FOR 1986 The salaries for 1986 show a 6% increase. Councilmember Paulsen moved and Councilmember dessen seconded the following resolution: RESOLUTION #85-157 RESOLUTION TO SET SALARIES FOR 1986 The vote was unanimously in favor. Resolution passed. December ]0, 1985 PROPOSAL TO PROVIDE LESSONS AND RENTALS OF SAILBOATS AND WINDSURFERS AT MOUND BAY PARK - DISCUSSION ITEM. The. Acting City Manager stated the concern of the Staff is the problem regarding liability insurance.. Also the commericalism of the park area is a concern, if one vendor gets in, others may try. This issue is due to go before the Park Commission this week. There was much discussion; size of the park area, boat launching use, safety of users, rentals of canoes only. No Council action was taken on this issue. COMMENTS AND SUGGESTIONS FROM cITIZENS PRESENT Mayor Polston asked the citizens'present if there were any comments or suggestions. There were none. PROPOSED SEWER AND WATER RATE INCREASE The major cause for an increase in sewer rates is the rate increase from MWCC. Greg Skinner also pointed out that 1985 has been the worst year ever for watermain breaks, and this is costly in overtime and 'repair for the. Water Fund. MaYor.Polston.stated that it is the Council's duty to collect, enough revenue to cover the cost of water and sewer. There was discussion on how much water the new businesses in Tonka West would use, but it'is too soon to tel1. what affect, they will have if any. Greg Skinner told the Council so far there are no businesses in Tonka West who woul.d use anywhere.near the amount of water that Tonka Toys used. Councilmember Paterson moved and C°uncilmember Paulsen seconded the following resolution: RESOLUTION #85-158 RESOLUTION TO INCREASE THE SEWER AND WATER RATES 10% FOR 1986. The vote was four in favor with Councilmember Smith voting nay. Councilmember Smith stated that he voted no because he felt the rates should have been adjusted a small amount each year instead of one large increase. D'ISCUSSION ON SATELLITE DISH ANTENNA ORDINANCE City Planner, Mark Koegler presented background, information to the Council. The original .draft of a satellite ordinance had been denied by the Council on a 2 to 2 vote in January 1985. The'Planning Commission at Council request, did'more research and recommends the Council consider three items if they wish to pursue the dish antenna ordinance. 1. Materials - open mesh 2. Location - only in rear yards 3. Grandfathering December 10, 1985 The Planning Commission felt that variances will take care of certain location problems, as the cases arise. Discussion followed as what defines front and back yard. Front yard is defined as "front lot line~ that abutts the street". It was t~ncensus of the Council to hold a Public Hearing to get public ~m~p~on this issue before considering an ordinancd. DISCUSSION ON UPGRADING OF EXISTING CONDITIONAL. USE PERMITS Mark Koegler explained that this was discussed by the Planning Commission. The concept to be the cataloging of current conditional use permits, listing the non conforming uses. Some businesses in Mound are doing many things not mentioned in their CUP, but there are also no regulations on their CUP's. This process would set up current uses in a well written resolution. Council decided'to wait until Mr. Shukle arrived for his imput also. PROPOSAL FROM COUNCILMEMBER SMITH ON THE BUDGET PROCESS Councilmember Smith summarized his budget process proposal for the Council. He then withdrew his proposal from the agenda for 30 to 45 days, until the new Manager arrives, and he can review it with him and get his imput. PAYMENT OF BILLS The bills were presented for consideration. Councilmember Paulsen moved and Councilmember Jessen seconded the following motion: MOTION TO APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE PRE- LIST IN THE AMOUNT OF $171,338.01, WHEN THE FUNDS ARE AVAILABLE Rol~ call vote was unanimously in favor. Motion carried. REPAIR OF WELL #7 Greg Skinner informed the Coundil that Well #7 has been shut down and is in need of repair due to worn parts caused by high water turbulence. Normally wells are services on a five year rotation, with well #7 having been done in 1982-83. However, this well is the mose energy efficient one to run. Two quotes were presented to repair Well #7. December ]0, ]985 Councilmember Paulsen moved and Councilmember Smith seconded the following motion: MOTION TO AUTHORIZE STEVENS WELL DRILLING CO. TO REPAIR WELL #7 AT THE QUOTED PRICE OF $5158.29 The vote was unanimously in favor. Motion carried. PORT HARRISON TOWNHOMES. City Engineer, John CamerOn,.stated that the developers of Port Harrison Townhomes now do not wish to install concrete curb and gutters. Instead, they want to use rai]road ties or landscaping timbers. It was the concensus of the'Council that the original plans which were sub- mitted and approved by the Council should be adhered to. SHUKLE CONTRACT The Acting City Manager stated that Mr. Shukle had submitted three resolutions for the Counci] to act upon. 1. Exclude Mr. Shukle from PEAR 2. Establish a Deferred Compensation Plan, in lieu of PEAR 3. Establish a Honey Purchase Retirement Plan, saving the City payment to FICA on him. C°uncilmember Peterson moved and Councilmember Smith seconded the following three resolutions: RESOLUTION #85-159 RESOLUTION APPROVING ELECTION OF EDWARD J. SHUKLE, JR., CITY MANAGER TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION RESOLUTION #85-160 RESOLUTION TO ESTABLISH A DEFERRED COMPENSATION PLAN FOR EDWARD J. SHUKLE, JR. RESOLUTION #857161 RESOLUTI'ON TO ESTABLISH A MONEY PERUCHASE RETIREMENT PLAN FOR EDWARD J. SHUKLE, JR. The vote was unanimously in favor. Resolutions passed. The Acting City Manager also stated'the three HMO insurance plans that the City uses are all metro based, and Mr. Shukle will not be residing in the metro area until he sells his house in Benson and moves. Mr. Shukle asks that the 85~ of the total family coverage provision that is allowed be applied to a Blue Cross/Blue Shield plan, which he currently has in Benson. The City's contributlon to his Blue Cross plan would be less than the contribution to the City offered HMO policies. December 10, 1985 INFORMATION/MISCELLANEOUS A. Notice of Meeting on Public Boat Access Set for December 10, 1985, Mound City Hall, 3:30 PM B. Notice of Meeting on the Metro Council's Development Frameword December 11, 1985, Chanhassen City Hall, 9:30 AM C. Notice of "Reachout" Meeting in Mound - Dave Durenberger - December 12, 1985, 9:00 to 11:30 AM D. Notice of Watershed District Meeting E. League Information on Tax Reform Proposal F. Notice from MWCC on Increase in SAC Rate to $475.00 G. Letter Regarding Dakota Rail MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY COUNCILMEMBER TO ADJOURN MEETING. The vote was unanimously in favor. Meeting adjourned at 11:!5 PM Fran Clark, Acting City Manager Linda Strong, Acting City Clerk BILLS .... Z--DECEMBER lO, 1985 Batch 854113 Batch 854114 Bills listed below Computer run dated 12/03/85 Computer run dated 12/05/85 Total. Bills 125,390.91 42,559.92 3,387.18 171,338.01 Fire Dept Officers pay (12) Photo Factory Fl Im Holiday Inn-St. Paul--Room-Seminar Bldg Official U of MN Registration-Seminar Bldg Official Ronald Marschke Nov Asst Chief 3,100.00 15.18 82. O0 90. O0 100.00 MINUTES REGULAR COUNCIL H£ETI~G DECEMBER 17, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on December 17, 1985, at 7:30 PM, in the Council Chambers at 53ql Maywood Road, in said City. Those present were: Mayor' Bob Polston, Councilmembers Steve Smith, Russ Peterson, Gary Paulsen and Phyllis Jessen. 'Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, City Finance Director John Norman, Building Inspector Jan Bertrand. Interested citizens present were: Mark Overbye, Denis Bertrand, Dully Elleby, Doug Mohn, Buzz. Sykes~ Michael Burgess, C. Dudley Fitz, Cheryl Grand, Mary Harrell, Steve Tessmer. 'MINUTES The minutes.from the November 26, 1985, meeting were presented. Council- member Peterson gave the clerk, in writing, the motion regarding the Contel issue, as it was made. Councilmember Peterson moved and Councilmember Paulsen seconded the following motion: MOTION to adopt the minutes for November 26, 1985, as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR DECEMBER Mayor Polston opened the Public Hearing and asked if there was anyone present who wished to address the Council regarding delinquent utility bills. There was no one. The Mayor closed the Public Hearing. The ACting City Manager stated that the total due was down to $3175,67. Councilmember Paulsen moved and Councilmember~Peterson seconded the following resolution: RESOLUTION #85-162 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF '$3175.67, AND AUTHOR- IZING THE STAFF TO SHUT OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Resolution passed. // December 17, 1985 PUBLIC'HEARING: ON THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A WATER SKI SCHOOL AT 2627 COHMERCE BLVD., ON LAKE LANGDON The Hayor opened the Public:Hearing asking if there was anyone present wishing to'speak in favor or against this item. Michael Burgess, 5764 Bartlett BI.vd. He said the lake was behind his mother in law's home and his only concern was the noise level of speed boats on the lake. He asked for reassurance that the level would not be too loud. Steve Tessmer, owner of Water Club West, presented written material from the HPCA, U of HN, Hinnehaha Creet Watershed and the DNR to the Council. He said they have a specially designed speed boat for skiing, with extra quiet mufflers, and the noise level should not be that loud. He stated that they chose Lake Langdon because.it was a quiet lake for skiing. They would be using certified instructors. Ski classes would be scheduled through Community Services. Buzz SYkes asked Mr. Tessmer about the phosphorus level increasing due to lake activity. Hr. Sykes asked that the water be tested in one year. The Hayor closed the Public Hearing and'returned the item to the Council. There was discussion between Council. and Hr. Tessmer. The question of adequate insurance was the major discussion item. City Attorney, Curt Pearson, stated that the City could be sued due to an accident occuring on public waters, even if it's through a private business. City Planner, Hark Koegler, stated that the City could be named as the insured, as mentioned in item five of the proposed resolution. The Acting City Hanager said'insurance was a concern of the Insurance Consultant, if the City would even be covered after the issuance of a. Conditional Use Permit. Councilmember Smith questioned monitoring of noise, had.it been done and how. Also, he wanted to know how. the noise would be monitored once the business started. The Building Inspector stated that equipment could be rented to monitor noise. Insurance was the main concern of the Council. The Acting City Manager stated that the City's insurance would be updated in 1986, but quotes were not available until January. City Attorney, Curt Pearson, mentioned the risk and liability this could involve with insurance costing so much. Hr. Tessmer stated that he would have the City named as an additional insured for the statutory requirements of $300,000 individual, $600,000 occurrence and a $1,000,000 umbrella. Councilmember Peterson felt he could not support this item mainly due to the insurance issue. He felt the City should move very:cautiously as not to jeopardize the City's insurance. Councilmember Paulsen mentioned item 5 of the proposed resolution, where it states the insurance coverage be an amount that is approved by the City. This policy is wide open on insurance coverage. December 17, 1985 Councilmember Smith said he had to abstain on the vote due to lack-of information available on 1) insurance, 2) water quality and 3) decibel level. Mayor Polston said he'felt the Staff had done adequate research. And. Mr.~ Tessmer had said he'would supply adequate insurance. In all fairness to Mr. Tessmer, Mayor Poiston felt the CoUncil should vote in the item. He commented (hat he was against this proposal for other reasons. Councilmember Paulsen moved and COun~ilmember Jessen secc, nded the following motion: MOTION TO TABLE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A WATER SKI SCHOOL AT 2627 COMMERCE BLVD., UNTIL MORE INSURANCE INFORMATION. IS AVAILABLE. A roll call vote was 3 in favor, with Councilmember Peterson and · Mayor Polston voting nay. CASE # 85-452 -Edna Steffen, Owner & Douglas Mohn, Applicant, Lots 9, 10, & 11, Block 13, Dreamwood, 1716 Eagle Lane Councilmember Peterson moved and..Councilmember Smith seconded the following resolution: RESOLUTION #85-163 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 9, 10 AND 11, BLOCK 13, DREAMW00D PID #13-117-24 13 OOll (1716 Eagle Lane) PLANNIIIG COMMISSION CASE NO. 85-452 Resoultion passed. OPERATIONS PERMIT FOR SOLARIUM SYSTEMS, INC. 5340 SHORELINE BLVD. City Planner, Mark Koegler, informed the Council on this item. There is no written staff report on this yet, because the application was received late. He has looked over the application and sees no major problems. This is the first Operations Permit that does include some chemicals. The chemical involved is not flammable. He needs more information from the architect on the modification of the building. The company stated needs to move in and aet se~ up soon. December )7~ 1985 Jim Guttorumson, architect for Balboa, came before 'the Council, He showed an overall view of Tonka West, indicating the space to be used by Solarium Systems. The company is presently located in Bloomington.' They manufacture greenhouses and glazing systems. Solarium Systems will need approximately 70,000 sq. ft~. Adequate truck docking is required.' The present driveway access is leased from the railroad and it ls able to handle the truck weight. Mr. Guttorumson described the outside visual changes in the building and the inside space 6o be used. Doug £11eby, president of Solarium Systems, intro- duced himself to the Council. The c~mpany currently employs 68 people and hopes to have 120 by July ~986. 'He mentioned that the company is anxious to move in, as contracts are'coming In March, and'they have new equipment arriving and have to get the operation set up. They hope to move in by February 15, ).986, .Mayor Polston asked about the use of Methylene Chloride, and if special handling was required. He wa's assured'by'Mr. Etleby that it would be handled safely and nothing special was required in the handling of thls substance. City'Planner, Mark Koegler, proposed five conditions to be met, upon · granting the operations permit for Solarium Systems. They are as follows: If and when Solarium Systems expands into option spaces, they shall be required to execute another.operations permit application prior to occupancy· No signage permits shall be issued for Solarium Systems until Balboa presents and receives approval of a comprehensive signage plan for the entire building. 3. Approva) will utilize 90 parking stalls of the total spaces within the Balboa.property, 4, Solarium Systems shall encourage its employees to utilize on sight surfaced lot parking. Solarium~Systems shall modify its shipping and receiving operations to comply with the load .limit restrictions as applicable. City Engineer, John Cameron, called attention to the'five ton load limits on.Lynwood Blvd. and Fairview Road. These roads are closed to truck traffic in the spring, Mr. Elleby said the plans call for a loading dock off of CountY Road 15, and it could be used during this time,. The Council dis- cussed upgrading Lynwood and Falrview to. handle truck loads. These roads could be closed 30 to 90 days in the spring. The City Engineer stated that this could not be done with M,S.A. funds until at least ]987, because the'funds are already committed to other projects in 1986. He suggested that an option would be to upgrade these two streets and if Balboa agreed~ assess them for the work, The Council will consider if Balboa requests an upgrade, December 17, 1985 Councilmember Paulsen moved and Councilmember Peterson.seconded the following resolution: RESOLUTION #85-]64 RESOLUTION APPROVING THE OPERATIONS PERMIT OF SOLARIUM SYSTEMS, INC,, The vote was unanimously in favor, Resolution passed. Jim Guttorumson mentioned another business wanting to move into Tonka West, Quartz Industries, However, since no operations permit'has been applied for, it will wait until another meeting, COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Buzz Sykes asked if the microphones were working, as it was difficult to hear in the rear of the Council Chambers. DECISION OF FEASIBILITY STUDY FOR THE IMPROVEMENT OF-WESTEDGE BLV'D. City Engineer,. John Cameron, addressed this item.' Bil.1Turnblad, City Planner, for Minnetrista contacted John, asking about the status.of the feasibility study for an upgrade of Westedge. Blvd., pretaining to the 2 plats of land in Minnetrista that might be developed. The developers are studying to see if it is feasible to proceed, with developing that plat and if so; what the cost of.upgrading Westedge Blvd. would be. Mr. Cameron has suggested to Mr. Turnblad. that he would proceed with the study, if Minnetrista agreed to pay for one-half of the study cost, and to reimburse the City of Mound its half if the project did not materialize. Estimated cost of the feasibility study is between $800.00 and$1000.OO. Mr. Cameron would like Council direction on this item. Councilmember Jessen moved and Councllmember Peterson seconded the following motion: MOTION authorizing the City Engineer to do a feasibility study on upgrading Westedge Blvd. off of County Road 15, contingent upon Minnetrista agreeing, in writing, to pay one-half the cost of the study and if the project does not materialize, Minnetrista will reimburse Mound for its one-half of the cost of the study, thus Mound would have no expense for the study. The vote was unanimously in favor. Motion carried. December 17, 1985 APPROVAL OF ABDO, ABDO AND EICK FOR 1985 AUDIT REPORT Councilmember Peterson moved and Councilmember Paulsen sec6nded the following resolution: RESOLUTION #85-165 RESOLUTION TO APPROVE ABDO, ABDO AND EICK FOR THE 1985 AUDIT. The vote was unanimously in favor. Resolution passed. REAPPOINTMENT OF THOMAS REESE AND WILLIAM THAL TO THREE YEAR TERMS ON THE PLANNING COMMISSION The Acting City Manager stated that the Planning Commission has recommended Council approval. Councilmember Jessen moved and Councilmember Smith seconded the following 'resolution: RESOLUTION #85-166 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS TO REAPPOINT TOM REESE AND WILLIAM THAL TO THE PLANNING COMMISSION EOR 3 YEAR TERMS BEGINNING JANUARY 1, 1986 The vote was unanimously in favor, Resolution passed. The Acting City Manager stated that there is one position on the Park Commission, which will. be open December 31, 1985. The Park Commission will interview and make their recommendations in January. TRANSFER OF FUNDS Councilmember Paulsen moved and Councilmember'Peterson seconded the following resolution: RESOLUTION #85-167 RESOLUTION TO TRANSFER $39,166.38 FROM THE LIQUOR FUND TO THE 1985 SEALCOAT PROJECT The'vote was unanimously in favor. Resolution passed. Councilmember Paulsen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-168 RESOLUTION AUTHORIZING TRANSFERS FROM THE GENERAL FUND TO AREA FIRE SERVICE FUND AND FIRE CAPITAL OUTLAY FUND The vote was unanimously in favor. Resolution passed. December 17, 1985 PAYMENT OF BILLS The bills were presented to the Council for consideration. Councilmember Paulsen moved and Council member Peterson seconded the following motion:. MOTION TO APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE PRE- LIST IN THE AMOUNT OF $67,388.80, WHEN THE FUNDS ARE AVAILABLE Roll call vote was unanimously in favor. Motion carried. ADD ON ITEMS The Acting City Manager mentioned the following items: Dow-Sat of Mn. - The City of Mound has received payment of $1i,128.92, for their annual franchise fee of 5%. Lake Minnetonka Task Force meeting scheduled'forJanuary 7, 1986, at 7:00 PM in Mound City Hall. Thank you letter from the Westonka Senior Citizeos, Inc., to the Council members and City Manager for contin,Jed support in 1985. Letter from MPCA - Reques.ting access to ground water monitoring wells located at the former Lost Lake Dump property. MN Statues require we let them monitor. In checking with Public Works, there is only one well left, and it's the one closest to the street. The investigation of the well relates to the Tonka Main Plant Hazardous. Waste Site, which is on the MPCA List. She is writing an approval letter, but requesting notification each time they monitor, a copy of all reports on the well and them (MPCA) or Tonka Corp. to be responsible for any costs involved. December 17, 1985 Mayor Polston asked City Attorney, Curt Pearson, what the time limit for an appeal on the Lost Lake issue. He answered around 30 days, being then the 21st of December. INFORMATION/MISCELLANEOUS B. C. D. E. School District Minutes November 12, 1985 and November 26, 1985 Article from December City & State - Manager Salaries Update from MAMA on Comparable Worth Study Letter to Mayor and Council on Contel West Metro Coordinated Transportation - Express Notes Councilmember Paulsen moved and Councilmember Peterson ~econded'the following motion: MOTION TO ADJOURN MEETING The vote was unanimously in favor. Motion carried. Meeting adjourned at 9:00 PM. Fran Clark, Acting City Manager Linda Strong, Acting City Clerk BILLS LIST DECEMBER 17, 1985 Nov Garb 52.50 Clean City Hall 177.00 Nov Rock 301.88 Nov mix, misc 47.40 Nov salt 1,197.15 Nov supplies 136.90 Nov mix 253.85 U Joint 24.70 Delivery Chg 7.92 Nov Beer 2,918.07 Nov beer 2,987.50 Nov mix 87.90 Nov mix 34.95 Nov chips 135.89 Fluids 95.40 Nov parts 169.43 Nov beer 3,481.75 Nov supplies 926.74 Nov gas 258.71 UPS 1.73 Cups 9.45 Nov sand 1,683.19 Nov supplies 321.60 Nov elec 3,588.91 Exams 30.00 Nov mix 518.95 Name tags 43.35 Nov beer 6,346.35 Nov unif rent 298.46 Recycle flyers 121.50 Prof fees,& prosg,518.33 Aqua kit 101.49 Water services 1,370.00 Nov garb,FallCleanup 4,240.00 Maint, Princ, lnt 605.98 Tire repair 187.25 Nov mix 96.00 Flags, motor 215.00 Nov beer 806.70 Nov copier 15.00 Nov Freight 273.00 Radio Rntl 7,663.69 Nov beer 3,797.35 Nov water 29.95 Nov misc 40.50 Sept consult 488.75 Blackowiak '& Son Holly Bostrom Bryan Rock Prod Butchs Bar Supply Cargill Salt Coast to Coast Coca Cola Clutch & U Joint Davies Water Day Distrib East Side Bev Royal Crown bev Twin City Home Juice Happys Potato Chips J.B. Distrib Lowells City Club Distrib Marina Auto Supp!y Minnegasco Mound Spraying Westonka Foods .Wm Mueller Navarre Hdwe N.S.P. Nat1 Registry EMT Pepsi Cola Don Streicher Guns Thorpe Distr ' Unitog Rental SOS Printing Wurst Pearson Water Products Widmer Bros Westonka Sanitation Xerox Corp Ziegler Tire Serv Flahertys Happy Tyme Wayzata Auto Serv Mark Vli Dist Copy Duplicat Nelson Enterprises Henn Co. Sheriff Pogreba Dist Glenwood Inglewood Tombstone Pizza Von K1 ug Batch 854115 55,708.12 Twin City Testing Wtr tower serv 1.,143.82 Shirley Hawks School exp 36.30 Columbia Great Lks printer ribbons 30.78 N.S.P. Elec MJnnegasco Gas Jan Bertrand Mtg exp NW Bell Siren,Line John McKinly EMT book Todd Truax ,, II Contel Tele Bill Clark Gasoline Medina Blrm Resrv Dnr 5,338.36 1,552.44 31.02 290.05 18.95 18.95 ),022.O1 2,073.00 125.00 TOTAL BILLS 67,388.80 /? MIl:UTES SPECIAL MEETING CITY COUNCIL DECEMBER 27, 1985 The City Council of Mound, Hennepin County, Minnesota, met in special session on December 27, 1985, at 5:16 PM, in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis dessen, Steve Smith, absent and excused were Councilmembers Paulsen and Peterson. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City. Finance Director John Norman, HRA representatives; Eldo Schmidt, Gordy Tulberg, Ed Meehan and Jim Regan. Also present was Audrey Evans. The HRA held their meeting and adjourned. Mayor Polston opened the Council meeting. RECEIVE REQUEST OF HRA TO ISSUE $300,000. BONDS City Attorney, Curt Pearson, explained the need for the bonds and the procedure that would be followed. Councilmember Jessen moved and Councilmember Polston seconded the following motion: MOTION to receive and accept the request of the HRA to issue an additional $300,000. in bonds. The vote was unanimously in favor. Motion carried. AWARDING THE SALE OF $300,000 GENERAL OBLIGATION TAX INCREMENT BONDS Curt Pearson stated the Bonds will be purchased.by the Marquette Bank of Minneapolis. The interest rate is lower than the bonds that were sold in October. Curt said a clause was added to this bond. If all of the money is not needed, the bonds can be called in, and paid off, in December of 1990. Curt has a gentlemans agreement with Marquette Bank, if in time, when the project is finished and there is money left, they will talk about redeeming the bonds, that are outstanding. Councilmember Smith inquired as to why the developer of the Town Square was'not present to explain why soil tests had not been done prior to the first bond issue. Also, Mr. Smith felt a Public Hearing should have been held on this issue. The City Attorney stated that the developer had no right to be on the land until the HRA owned it. He also stated that the only Public Hearing provisions on this plan do relate to the adoption of the Tax Increment District, Tax Increment Plan and the Tax Increment Financing Plan. December 27, 1985 Curt went on to say that the City never has to have a Public Hearing in the sale of Bonds. This Bond issue was contemplated this summer, when the Council approved the amendment to the financing plan increasing from $1,300,O00 to $2,125,000. The City Attorney stated that only $1,800,000 of the $2,125,000 authorized were issued in October. With this issue of $300,000 the City could still issue $25,000 in bonds later. Councilmember Polston moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85-169 RESOLUTION AWARDING THE SALE OF $3OO,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985,. SERIES II, FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. The vote was unanimously in favor.. Resolution passed. · Councilmember Jessen moved and Councilmember Polston seconded the following motion: MOTION to approve the amended Tax Increment Agreement and authorizing and drafting the Mayor and Manager to sign. The vote was 'unanimously in favor. Motion carried. Councilmember Polston moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85-170 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN A PURCHASE AGREEMENT WITH THE MOUND HRA FOR THE SALE OF CITY OWNED PARKING LOT IN THE TOWN SQUARE PROJECT FOR $1OO,OOO. The vote was unanimously in favor. Resolution passed. Mayor Polston thanked the Acting City Manager Fran Clark and City Attorney Curt Pearson as well as the department heads for the great effort they all put forth in the Town Square Pfoject. Councilmember Jessen moved and Councilmember Polston seconded the following motion: MOTION to adjourn meeting. The vote was unanimously in favor. The meeting adjourned at 5:28 PM FRAN CLARK, ACTING CITY MANAGER Linda Strong, Acting City Clerk RESOLUTION NO. 86- RESOLUTION APPOINTING ACTING MAYOR FOR 1986 January 14, 1986 BE IT RESOLYED, that the City Council of Mound, Minnesota does hereby appoint Acting Mayor for the year 1986. The foregoing resolution was moved by Couneilmember and seconded by Couneilmember . The following Couneilmembers voted in the affirmative: The following Councilmembers vOted in the negative: Mayor Attest: City Clerk January 14, 1986 RESOLUTION NO. 86- RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1986 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota does hereby designate the official newspaper for the City of Mound for 1986. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk Box 82 · 2310 Commerce Blvd. Mound, Mn. 55364 * 472-1140 Mound City Council Mound Minnesota 5536~ It's that time of year again. We would appreciate your considering the Laker as the official newspaper for the city of Mound ~n 1986. Our rate for legal publications, as per guidelines set by the state of Minnesota, will be ~.54 per column inch for initial insertion in 1986. Thank you and have a Happy New Year. ..Sincerely, Bill Holm Managing Editor SuBurbAN NEWSPAPEI S, INC. December 9, 1985 City Council City of Mound 5341Maywood Road Mound, MN 55364 Dear Council Members: We would appreciate your designation of the Westonka Sailor to be your official newspaper for the year 1986. The rate for legal publications as set by Minnesota law is 35¢ per line for the first insertion and 15¢ per line for. each subsequent insertion. If you desire publication in additional papers, the rate will be 50% additional for each additional paper. Ail publications should reach this office by Wednesday a.m. preceding your Monday publication.' In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Publications, 7401 Bush Lake Road, Edina, Mn 55435. We will provide at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits, on request, will be furnished at 25¢ each. We appreciate being considered as the official newspaper for the City of Mound for the ensuing year. Very truly yours, i j~A./~RBAN NEWSPAPERS, · J.~ /Canning Publ~her INC. Publishers of Current Newspapers, Sailor Newspapers, Sun-Current Newspapers and Focus Newspapers 7401 Bush Lake Road · Edina, Minnesota 55435 · (612) 831-1200 RESOLUTION NO. 86- January 14, 1986 RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1986 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate the following banks as official depositories for the City of Mound in 1986: State Bank of Mound Minnesota Federal First National Bank of Navarre First Bank Minneapolis First Bank St. Paul American National Bank of St. Paul Marquette National Bank Northwestern National Bank of Minneapolis Dain Bosworth, Inc. Kidder, Peabody & Co. Offerman & Co., Inc. BE IT FURTHER RESOLVED that the City's deposits shall be protected by Federal Deposit Insurance and/or collateral in accordance with MSA Chapter 118. BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized to open or continue an account or accounts with said institutions on such terms as required by said institutions in the~name of the City, and to deposit, or cause to be deposited in such account or account, any monies, checks, drafts, orders, notes or other instruments for the payment of money, upon compliant by said depository with this resolution and the law in such case provided. BE IT FURTHER RESOLVED that the designation shall continue in force until December 31, 1986, or until written notice of its revision or 'mOdification has been received by said instit'ution. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Attest: City Clerk Mayor January 14, 1986 RESOLUTION NO. 86- RESOLUTION APPOINTING TO THE PARK COMMISSION, ~.,~w~ TO THE PLANNING COMMISSION AND C.~.~ TO THE CABLE T.V. COMMISSION AS COUNCIL REPRESENTATIVES FOR 1986 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint the following Counci~mem- bets as Council Representatives to the following City Commissions for 1986: to the Park Commission to the Planning Commission to the Cable T.V. Commission The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in 'the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January 14, 1986 RESOLUTION NO. 86- RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITX CLERK BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of a $20,000 bond for the City Clerk, Francene C. Clark, for 1986. The foregoing resolution was moved by Councilmember and seconded by Councilmember' The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January RESOLUTION NO. 86- RESOLUTION APPROVING THE PURCHASE OF'A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of a $20,000 bond for the City Treasurer/Finance Director, John Norman, for 1986. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk January 12, 1985 RESOLUTION NO. 86- RESOLUTION APPOINTING AN ACTING CITY MANAGER FOR 1986 BE IT HEREBY RESOLVED that the City Council of the City ~of Mound, Minnesota, does hereby appoint Francene C. Clark, City Clerk, as the Acting City Manager for the year of 1986, if the City Manager is disabled, incapacitated, away on city business or away on vacation. The foregoing resolution was moved by Councilmember , seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers vOted in the negative: Mayor Attest: City Clerk JsnusrY 14, 1986 RESOLUTION NO. 86- RESOLUTION TO C~NCUR WITH THE PARK COMMISSION RECOMMENDATION TO REAPPOINT CHERYL BURNS AND DELORES MAAS, AND APPOINT MARILYN BRYNES TO THE PARK COMMISSION FOR 3 YEAR TERMS BEGINNING JANUARY 1, 1986 BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does' hereby concur with the Park Commission's reoommendation to reappoint Cheryl Burns and Delores Maas, and appoint Marilyn Brynes to the Park Commission for 3 year terms beginning January 1, 1986. The foregoing resolution was moved by Councilmember and seconded by Counc ilmember The following .Councilmembers voted in the affirmative: 'The following Councilmembers voted in the negative: Mayor Attest: City Clerk 3/ ~3030 Harbor Lane No~h, ~uite 104 Minneapolis, Minnesota 55441 61~553.1950 PLANNING REPORT TO: City Council and Staff ..,~/ FROM: Mark Koegler, City Planner DATE: January 7, 1986 SUBJ: Operations Permit APPLICANT:' Quartz Industries Inc. EXISTING ZONING: Planned Industrial Area VHS FILE NO.: 85-310-A31-Z0 BACKGROUND: Quartz Industries has applied for an operations permit to establish a business which will produce high quality quartz powders for use in semi-conductors, fiber optics and similar uses. They propose to occupy a total area of 31,375 sg. ft. and will employ 13 people, 8 on the first shift and 5 on the second. Ail storage of materials will be inside the building. Storage will consist of bulk tanks for the retention of quartz powder and a 6,000 gallon storage system for hydrofluoric acid which will be used in the manufacturing process. For added safety, this 6,000 gallon storage tank will be surrounded by a concret~ retaining wall. The facililty will contain a treatment system that converts excess hydrofluoric acid to sodium fluorostllcate which, according to the applicant, can be disposed of in a sanitary landfill. REOCtMMENDATION: Staff recommends approval of the operations permit for Quartz Industries. Application No. Fee Paid $250.00 Date File ]-2-86' CITY OF MOUND. OPERATIONS PERMIT-APPLICATION Section I - Applicant Information 1. Street Address of Property 5'54-0 ~o~EL~C %~b Unit Legal Description of Property: Lot Metes S Bounds Block 5 & 6 Addition Sylvan Hgts. Addn. to Mound PID No. ]3-]]7-24 34 0066 Day Phone Address 5~O- ~o~cmc ~%LVO ~ P.o No.. Applicant (ff oder ~,.han Name Day Phone No. Add~ess ... Section .2 - Business Information 1. Name of Business e Total Floor Area Manufacturing Area Sales Floor Area Office Area ~; Warehouse Area Other (please specify) 3. Describe Nature of Business. ~V~t~:tC.~"t4/%, cF (~'amT~ PCUbD~.C~' Wholesale Retail 4. Location (cite unit number or attach floor plan) L)N~T. 4 5. 'Number of Employees: 1st Shift 3rd Shift -- 6. Adjacent Uses (list businesses) Section 3 - Business Operations Describe Products Produced or Services Offered (attach product brochures if available) ~.~ What types of materials will be shipped into and/or stored within the premises? ~ u w~c~-~ P 0 u4 ~ ~ Will materials be shipped by: other (specify) rail ~ semi truck Will delivery vehicles be stored on the property? Yes NO 5( . If yes, attach site plan showing parking stalls assigned to delivery vehicles. Does the business plan future expansions at this location? Yes No ~ . If yes, describe amount of anticipated expansion and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVACunits, etc? Yes No ~ . .If yes, please described and attach a floor plan and exterior buildzng elevation drawings. Wi~ll the proposed operation involve: Noise Generation: Yes No ~ . If yes, describe source and amount Odor Generation: Yes No X . If yes, describe source and amount .. Toxic and/or Hazardous Waste Generation: Yes X No · If yes, describe source and amount Provide a deeailed listing of all chemicals which will ~ discharged into the sanitary sewer system. O~c~ ~ ~.% p~.p~r 0~ %-8( e Will the operation include either interior or e~er~ storage of bulk chemicals? Yes ~ No. . If. yes, attach floor plan and/or site plan showing locatxon and descrxbe spill/leakage containment provisions. Other than chemicals, will the operation require outdoor storage of any materials? Yes No ~... . I.f yes, describe materials and attach site plan showing locations and identzfying proposed screening by type and location. .' Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers and plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Signature of Applicant ~~~ ~ ~6~t~ Date }~-,/~d)/~"-32''' Section 5 - City. Review and Action Reviewed by: Building Official City Planner City Engineer Fire Chief City Manager Other Planning Commission Recommendation: Date Council Action Resolution No. Date Page 3 I AQU£OU,~ A~/O 7o ~o I ' · BY ,,'~,.~" SK£TCH NO. 123 June 11, 1985 CONTINUATION OF TAPING FOR CABLE,,,T,V, The City Manager stated this is the fourth meeting that was approved to be on Cable T.V. and 'now the proposal is'being resubmitted. He explained that the money for payment of taping the Council Meetings, etc. comes from the Franchise Fee that Dow- Sat Minnesota pays to the City each year. That Franchise Fee was earmarked for public access. The cable company pays for all the .equipment and.all the City pays for is the time a person spends filming and editing and the tapes used'. The $2,600 would cover the rest of the 1985's Council Meetings and various other ~roJects as listed in the proposal. MOTION made by Councilmember Smith, seconded by councilmember Pautsen to authorize payment of up to $2,600 at $5.50 per hour, plus tapes, for the taping of City Council Meetings and other various projects that are proposed on page 1394 of the Council. Packet for the remainder of 1985. The Council will review at various times and retain the riEht to cancel at any point. The vote was unanimously in favor. Motion carried. From June 11, 1985 to December 31, 1985 the City of Mound has spent the fo] lowing: $536.25 Labor 248.80 Video Tapes $785.05 TOTAL March 21, 1985 VIDEO MEDIA STAFF PERSON CITY OF MOUND BUDGET_ ~ A $'5 50 per hour for staff person average 10 hours per weekr B. Tapes - $7.00 - $10.00 per tape if the city wishes to retain ~ original copy. C. VSdeo Equipment - no charge to use Dow-Sat equipment or studio facilities in Mound, providing all usage is for programming on local access Channel 20 or non-commercial channel. D. Channel Air Time - no charge for non-profit programming. At the present time all local access programs are broadcast on Dow-Sat Cable Channel 20 (Public Access-Education). II. JOB RESPONSIBILITIES. A. Tape each Mound City Council meeting and be sure it is aired in a Be timely fashion. Additional program possibilities: 1. 2. Location filming of items on agenda of Council meeting. Special meetings attended by City Council members (re: water) sewer, Selected Mound City Planning Commission meetings. Open Forum - Hosted by City Manager. Question/Answer. When facilities are available - tape live for phone-in questions. Focus on departments of the city. Park & Rec .... Spotlight on city officers - "Who is the City Attorney and what is his job?" Highlight current issues - highways, recycling program. New businesses in Mound. "How the city serves the community." January 8, 1986 NEW LICENSE APPLICATION Cigarette SuperAmerica Station #4194 (New Store) 5337 Shoreline Blvd. Mound, Minn. Two Months License--Jan. and Feb. 1986 Expires February 28, 1986 NOTICE OF PUBLIC HEARING CITY OF MOUND, MINNESOTA NOTICE OF PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE'DISTRICT PROVISIONS AND PERFORMANCE STANDARDS OF THE ZONING ORDINANCE TO REGULATE SATELLITE DISH ANTENNAS NOTICE IS.HEREBY GIVEN that on Tuesday, January 28, 1986, at 7:30 P.M., in the City council Chambers, 5341Maywood Road, Mound, Minnesota, the City Council will hold a public hearing to consider an amendment to the District Provisions and 'Performance Standards of the Mound Zoning Ordinance to' regulate the size and placement of satellite dish antennas a'nd allowing only the open mesh type antennas in residentia'l districts; antennas will be limited to a maximum size of 'ten .. feet and wil] be prohi- bited within any front yard area, side yard area or rooftop. In commercial and industrial districts, only open mesh type antennas not exceeding twelve (12) feet in size are permitted in side and rear yard areas by conditional use permit. All persons at said hearing will. be given the opportunity to be heard. F'r'ancene c.-Clark City Clerk To be published in The Laker January 13, 1986 CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A k~ATER SKI SCHOOL AT 2627 OOMMERCE BOULEVARD ON LAKE LANGDON. NOTICE IS HEREBY GIVEN that on Tuesday, December 17, 1985, at 7:30 at the City Hall, 5341 Maywood Road, Mound, Minnesota, a hearing will be held on the issuance of a conditional use permit for a water ski school. The proposed facility will offer water ski, windsurfing and sailing lessons and rentals. All persons appearing at said hearing will be Given the opportunity to be heard. Fran C~ C-Y-ark-, ft~ ~lerk- ' HUSBAND'S December 23, 1985 Ms. Fran Clark Acting City Manager CITY OF MOUND 5741Maywood Road Mound, MN 55364 RE: Water Ski School Dear Fran: The information your City Attorney has given you concerning the"insurance requirements on the Water Ski School is well within acceptable bounds, particularly with the $1,000,000 Umbrella. The major consideration would be to have the Water Ski School name the City of Mound as an additional insured and not just certificate holder. If they're named as an additional insured with the statutory limits plus the $1,000,000 Umbrella, the City of Mound will be as well protected as they can be. We need to understand this still will not preclude the City of Mound being sued, but it should enable the Water Ski School insurance carrier to pick up the defense costs of most cases. Some of the other cases which may arise would still require the City of Mound's insurance company to respond, but I feel these risks are so small as to not be significant enough to turn down the Water Ski School operation. It must be remembered that if we turn them down, we also could be subject to a public officials suit for turning them down on insurance reasons. As I indicated to you several weeks ago, I will be more than happy to meet with you, the Water Ski School people or appear before the City Council if someone would like. If you need any further information, please advise. Regards' WEH/cp CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 TO: Ed Shukle, City Manager FROM: Jan Bertrand, Building Official DATE: January 8, 1986 SUBJECT: Building Permit Fees I am requesting that the City Council adopt a resolution amending the Building Permit Fee Schedule set by Resolution 84-202 and setting the building permit fees with the new 1985 edition, of the Uniform Building Code. The Uniform Building Code has not had an increase in Table 3-A, except for the minimum fee, since the 1979 edition. The Building Code i{ published every three years so I am. requesting that the fee resolution be adopted in a three year progression of fee raises. 1 have attached copies of Table 3-A for 1985 edition, our current fee schedule, a breakdown of fees for 1986, 1987 and 1988, and an example sheet for charges on a dwelling with a construction value of $58,624. Building permit fees are a user fee to cover the actual cost of maintaining an inspection department. The Minnesota State Building Code Division recommends that each municipality adopt Table 3-A as an option for permit fees. They also send square footage valuation sheets to municipalities annually to give Building Officials guidelines on cost per square foot for various occupancies and types of construction. Thank you. JB/ms Attachments An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to. or treatment or employment in, its programs and actiwties. $07, ~A " UNIFORM BUILDING CODE b (d) Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the s~me is completed, he may issue a temporary Cenificate of Occupancy for the use (" of a portion or portions of a building or structure p.rior to the completion of entire building or structure. ',. :; . .- ,. · .~., ':t. -.: '. ,: · .::: .'c :..:?,:-.. . r (e) Posting. The Certificate of Occupancy shall be posted in 'a cor;spi~uous place on the premises ~.nd shall not be removed except by the building official. (0' Revbcation, Th~. b~iilding"officiai'ma);, in :Wfiting'~ is~i~Pehd 8r'/-evoke a 'Certificate Of O~cupancy issued un&r the provisions of this code whenever the certificate is issued in error, or on the basis of incorr~t~infm:mati0n Supplied, ~)r 'when' ii is deien;nined that the buildihg or stnicture hr porti6n' thereof is in. violation of an~,'0rdlnance or regulation or any of ths'provisiong of thls'c&le?-' ~! ;',;~ ~ ' ~.':'~.'" ' ' ' . '.:.. ~ :~. ~' "L ' .". ~')'~',;;'L? ~( .'..~ ;-:~s~ ' .,:~,.-.----~ ...... :: .: TABLE NO. 3.-A~BUILDING PERMIT FEES ll:}I'AL VALUATIO~ · ', . i -~ FEE" .' ' · $1.00 to S500.00 Sl~.00 ...... · ........ :$50 ! .00 so $2,000.00 · .... S ! $.00 for the first S500.00 plus S2.00 for each ndd~tional ::-:'"~4. ": ". s':~:;-~:..i,':~; ,-: ': $100.00 or fraction thereof, to and including $2,000.00...: $2,~:11.00 to $25.000~00'. ' $45.00 for the '~rU $2.000.00 plus $9.00 fcJ~ ¢~ch ackli- : , .-; . '.-....-'..:' .- .:, . · tional $1,000,00 or fraction thereof,: m ~d including - -.. . ....... , .. $2~,000.00, '-.: ..... '~ '~'~ .... ." :~ 'i ~ ' szs.oo .o0 s ai00o.ob' s z00 fo,' th', n' i s s.oo0'.0o' ,l;is s.Sb additional $1,000.00 or fraction thereof, tO arid .' .mc. !udiag $$0,000.00 .......... $50,00~.00 to $100,000.00 $414.50 for the first $50,000.00 phis $4.50 for .: . .~ ....' .. . additional $1,000.00.o.~' fraction th.¢reof., m ~d.includi~. g $100,000.00 ssoo,o0 .oo io ss0b.ooo.oo ss ,.s0 for r. t si0o.%.0o pl& or' h ' ' ' addilional $~,000.00 or fraction thereof "': $1 ,o0o,0o0.0o additional $ !,000.00 or fraction thereof, io and including .:' . . .'- :. $1,,000,000.00 ' , ..-', .,':;::- .... ; ..' $1.000,001.00 mad up $3539.~0 for the tim $1,000,000.00 plus $2.00 foe each additional $ !,000.00 or fraction thereof . . _ .:.,,:s," . i :'::': .. :..'.'.' ..... · .., ....-, '-, Other .Inspections ,ad Fees:. . Ins .~-'ti--outsi--ofnormal--iness-oursoats de tins h ' ' ..... ":' :'"' .... :~' ' ' ' 1. ........ $30.00 per ' (minimum charge--two hours) ' ' ' ...... "" ' ........ 2. Reinspection fees ~ssessed under provisions of .... ~' ~- ;: '" i": ":. 7: Secfon 30~ Ct,) ......................... ; :., ....'. ~-,'.. ~., $30.00 per hour* 3. Inspections for which no fee is sl~:iticali), . ' - · - ...: . :; ' iml~cmd ................................ ~..: .... : :..:...., $3,0..001~ hour' (minimum charge-one-half hour) · ' · ' ' 4. Additional plan review nxluired by changes, addilious or revisions to approved plans ......... ; ........ ;.. ;'..; .".... $30.00 per hour* (minimum chazge---on¢-hall'hour). · ... -. , :.. · Or the Iotal hourly cost !o ~he jurisdiction, whichever itthe grea/est. This cost shall include supervision, overhead, equipment, hourly wages and fringe henefits of the employee~ L~volved. " ' ' 16 +~ ~0o. o~ 1 .oo ~ 11§0o. oa Comparison of proposed Building Permit Fees for a dwelling valued at $58,624. Present 1985 Fee: ~310.00 Plan Check 201.50 Surcharge 29;31 Total $540.81 · Proposed '1986 Fee: $358.34 Plan Check 232.92 Surcharge ' 29~31 'Total $620,57 Proposed'1987'Fee: $406.67 Plan Check 264.34 Surcharge 29.31 Total $700.32 Proposed 1988 .Fee: $455.00 Plan Check 295.75 Surcharge 29.31 Total $780.06 Increase of $79.76 over 1985 fee.. Increase of $159.51 over 1985 fee. Increase of $239.25 over 1985 fee. 1~ STATE OF ' DEPARTMENT OF NATURAL RESOURCES IONENO. 296--3572 1200 Warner Road, St. Paul, l~l 55106 December 23, 1985 Ms. Fram Clark Acting City Manager City of Mound 5341Maywood Road Mound, MN 55364 Dear Ms. Clark: As you know, the Department of Natural Resources (DNR) has been seeking to secure adequate public access to Lake Minnetonka for some time now. This search has been based on the legislative mandate given the DNR to provide adequate access on lakes where access is inadequate because the water bodies of the State are a public resource, to be shared by everyone equally. A three-agency task force, which was established in 1979, consisting of representatives from the DNR, the Metropolitan Council and tbs Department of Energy and Economic Development, also recognized that public access to Lake Minnetonka was inadequate and a priority for public access acquisition and development. The Lake Minnetonka Task Force, which also studied the issue, recommended, among other things, in a report dated June, 1983, that additional public access for small recre- ational boats and fishing craft was needed in zones 3 and 5 (tbs zones being established by the task force for tbs purpose of studying use). The City of Mound lies within a portion of zone 5. Recently, the DNP. was contacted by a willing seller with property on the north shore of Halsted Bay (see attached) in zone 5. The property lies within both tbs City of Mound and Minnetrista, is about four acres in size, has a large wooded back area which could be utilized for vehicle/ trailer parking as well as an area running down toward tbs lake which could be utilized for a ramp and launching area. This site, if it were to.be acquired and developed by the DNR, would serve to help meet tbs goals for additional public access and reliable vehicle/trailer parking in this zone. It would be an additio~ to tbs existing access sites and tbs recently acquired site on Kings Point Road in Minnetrista in this zone. I am writing to inform both the City of Mound and the City of Minnetrista that this property has been offered for sale to the DNR and to seek your communities input in regard to the possible acquisition and development of the site for public access purposes. AN EQUAL OPPORTUNITY EMPLOYER Ms, Fran Clark, City of Mound December 23, 1985 Page 2 I would like a response from you in regard to thi~ proposal, by January 24, 1986, so that I may inform the landowner of our intentions. At this point, the site appears to be a viable option, particularly if there is community support. If you have any questions or need additional information in regard to this proposal, p~ease feel free to contact me. Sincerely, CYnthia A. Wheeler Regional Access Specialist cw095 cc: Kathleen A. Wallace, Regional Administrator Delos Barber, Regional Trails and Waterways Coordinator Mike Markell, Supervisor, Water.Access and River Recreation Senator Cen Olson Representative 3ohn Burger January 10, 1986 CITY of MOUND 5341 MA~qNOOD ROAD MOUND. MINNESOTA $5~64 (612) 472-1155 TO: FROM: HAYOR & CITY COUNCIL ~/'~, /,' ED SHUKLE, CITY HANAGER(' SUBJECT: HEHBERSHIP IN ASSOCIATION OF HETROPOLITAN HUNIClPALITIES (AHH) In my review of the 1986 Budget flies, it was 'indicated that th~ City of Hound had not budgeted for membership in the AHH (see page 27 of the 1986 adopted Budget). I am not sure Why this occurred. In any event, I would like to have you reconsider this budget item at this time. For your information, I have attached some background on the AMH and its purpose: 1. AHH Bulletin defining the AHH. 2. "AHH'Services Activities".' 3. "Attachment A - 1985.-86 Goals, Work Program and Staff Priorities for the The AHH also c°mpiles a salary survey on elected officials from metropolitan communities and has conducted municipal fee surveys on licenses and permits. These types of studies certainly assist our community in developing its poli. cies and guidelines on Iota1 government issues. I think that after you have reviewed the attached information on AHH, you will gain a better understanding of its purpose. In addition, I have been told by AHH's Executive Director that AHH assisted the City of Hound in having the Lost Lake Dump Site removed from the Hinnesota Pollution Control Agency's (HPCA) list of possible hazardous waste disposal sites. The Executive Director of AHM had some meetings with HPCA officials and written correspondence with HPCA on this matter. This type of cooperation from AHH is an example of how valuable they can be to our City. This paragraph entitled: "Need for Support and Participation" on page 3 of Item #1 that is attached, explains quite well the importance of the AHH. I have underlined the final t~o sentences of this paragraph which I believe say it a11. An equal opportunity Employer that does not discriminate on the basis of race. color, national origin, or handicapped status in the admission or access to. or treatment or employment in, its programs and activities. Page 2 Mayor & City Council AMM January 10, 1986 I should also point out that I attended AMM's membership meeting on January 9. Policies on local.government issues affecting metropolitan cities were adopted at this meeting .and will be forwarded on to the State Legislature through AMM's lobbyists. (NOTE: Please see item G. under "Information/Miscellaneous" on the January 14, 1986, Agenda.) With regard to the actual dues for AMM, the dues are calculated on a percentage of dues paid to the League of Minnesota Cities (LMC). The current rate is 46%. The City of Mound's dues for 1985-86 (June 1, 1985 through May 31, 1986) were $1,715. At the January 9, 1986, membership meeting, the AMM membership took action to change its fiscal year to January 1 - December 31 to coincide with a city's budget year, effective January 1, 1987. However, a dues payment for the last 7 months of 1986 will be required. That amount will be approximately $1,O00 to $1,200. How do we fund our AMM membership for the final 7 months of 1986 when it has not been budgeted? I have been told that the amount budgeted for the Senior Citizen Coordinator, $8,995 (page 27 of the 1986 adopted Budget) will be funded through Community Development Block Grant (CDBG)'funds. Therefore, I am recommending that the City of Mound Continue its member- ship in AMM through the end of 1986 and in future years. I believe that our membership and participation is very important in this organization. ' ES:fc enc. BULL TIN metropolitan munici'palitiee WHAT IS THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM)? The AMM is a service and lobby organization for cities ~n .the Metropolitan Area. Membership is open to any city within the.'.seven county metropolitan area which is a member of the League of Minnesota Cities. Current membership includes nearly half the eligible cities which contain approximately 85% of the metropolitan population. The Staff consists of an Executive Director; Director of Legislative Affairs, and Administrative Assistant/Secretary. ADMINISTRATIVE STRUCTURE The AMM is governed by a Board of Directors of local officials from member citie's. It includes President, Vice-President, Past-President and 16 directors serving 2 year staggered terms. Board members are elected at the general membership Annual Meeting held in May. Each class of city must be represented on the Board and the distribution of directors is consistent geographically with city membership. In matters of administration, organization, and general operations each member city has one vote. The Board of Directors meet monthly to guide the general organization operations and to direct staff. LEGISLATIVE PdLICY AND CONSENSUS DEVELOPMENT Perhaps the most important function is to'provide a forum for consensus building and to develop an understanding of other ci%ies' problems, concerns and points of view. The AMM is uniquely suited for this task since its membership includes the central cities as well as all types and sizes of suburban and free standing communities. Policy positions are developed by five standing committees based on input from member city representatives. These committees are Municipal Revenues, Metropolitan Agencies, General Legislation, Housing and Transportation. Any official from any member city may serve on a committee of their choice. Policy recommendations are transmitted annually from each committee to the Board of Directors for review, modification and transmittal to the general membership. The general membership meets annually prior to each legislative session to debate, and adopt the official AMM policy. In matters of legislative policy each member city has one vote plus one vote for -1- 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 each 50,000 population or major fraction thereof. To be adopted, Legislative Policy, requires a two-thirds affirmative vote of the members present and voting. RELATIONSHIP TO LMC AND METROPOLITAN AGENCIES The AMM is affiliated with the League of Minnesota Cities (LMC) but is not duplicative nor competitive with that organization. The AMM has a. separate and distinct mission and the primary area of difference is the AMM's involvement with the Metropolitan Council and its agencies. The LMC has no involvement with Metropolitan type issue, whereas the AMM monitors the council and its activities, alerts member cities of impending decisions or actions, and reacts as appropriate to protect the Metropolitan Cities best interests. The AMM is the only organization for cities constantly monitoring the Metropolitan Council and the other metropolitan agencies such as the RTB, MWCC, etc. The AMM has been very successful over the years in influencing Metropolitan Council policy decision making and the leaders of the Metropolitan Agencies look firstto the AMM to get the city input. REVENUE ISSUES The AMM, in addition to its metropolitan activities, is active in proposing and lobbying for legislation concerning city revenues. An AMM sponsored bill to increase the levy limit base to compensate for reduction in Federal Revenue Sharing was passed as was an AMM supported provision to require fiscal impact notes to be attached to legislative bills mandating increased local costs. A legislative commission was estblished to study .local government finance including local government aid, agricultural aid, homestead credit, local government accountability, and property tax simplification. As part of the AMM continuous monitoring of an response to legislative and Metropolitan Council initiatives which create expensive mandates or affect local government financing, the AMM will be actively involved in the proceedings of the legislative commission activities. SUPPORT SERVICES/COMMUNICATIONS The AMM, in addition to its representational (lobbying) efforts also provides a number of support services to its member cities. The annual Metropolitan Area Salary Survey, which is used extensively by most cities, would not be produced if it were not for the AMM. The AMM also publishes an annual survey of elected officials salaries and publishes a biennial survey of municipal fees and license costs. The AMM also provides research information to member cities and publishes newsletters, bulletins, legislative summaries, etc. to help member city offictais keep abreast of State and Metropolitan issues, laws, plans and concerns. The AMM also sponsors or co-sponsors educational seminars and conferences as needed on topics -2- of major interest and importance. Past AMM ~ponsored seminars included LEVY LIMITS, HOUSING, SURFACE WATER MANAGEMENT, DEVELOPMENT AND REDEVELOPMENT TECHNIQUES, ETC. NEED FOR SUPPORT AND PARTICIPATION There are many critical issues facing cities in the metropolitan area in the near future. Some of these include coping with the reduction of Federal pass through funds, developing a new local government aid formula since the current formula was adopted for ' only one year, implementation of solid waste reduction and separation initiatives, property tax and classification system reform, light .rail transit, highway jurisdiction and funding, as well as the ongoing issues of levy limits, surface water management, housing, etc. The AMM is not the total answer to all city needs and ..problems but %her~ is a need for a strong metropol'l=an city .organizatio~ to work through .these issues and represent the cltie~ in the halls Qf the Capitol and the Me~rd~oil=an Council. -A'ne AMY can continue to ,be. effective- only throu_~h the par'ticiPat'ion and- ~upport of most of the cities in the metropolitan area. DUES AMM dues are calculated as a percentage of dues paid to the LMC. The current rate is 46%. FOR MORE INFORMATION, PLEASE CONTACT THE AMM OFFICE (227-5600) -3- AMM SERVICES ACTIVITIES t~ 1. Legislative Lobbying The AMM's major function is lobbying, partly on statewide issues of great interest to metropolitan area cities and partly on metropolitan area only issues. Two persons coordinate efforts and lobby on the approximately 100 policy positions adopted each biennium of which two-thirds are successfully passed or defended. 2. Metropolitan Council Lobbying. The second major function is to monitor the activities of the Metropolitan Council, the Metropolitan Agencies, and the various advisory committees to these agencies. Activities include direct lobbying per adopted policy, participation representing the 'city' viewpoint, and alerting member cities of impending policy or operating decisions of these agencies which may have significant impact. 3. Appointments to Metropolitan Advisory Committees The AMM Board of Directors appoints 10 elected officials to the Transportation Advisory Board (TAB) and 8 appointed officials to the Technical Advisory Committee (TAC) which advises the TAB. The Board also appoints or recommends member officials for var~oz~s- other metropolitan agencies advisory committee and task forces such as Cable TV, MWCC Study, 208 and Agregate Resource Study. 4. Newsletters, Bulletins~ and Summaries The AMM publishes annually at least two newsletters of general interest, a summary of major legislation passed, an annual report containing a brief status of all legislative policy, and several Bulletins containing 'alerts' on pending legislative or metropolitan issues and/or updates on development of major issues. 5. General Member Services. The AMM annually updates and publishes a Metropolitan Area Salary Survey of Elected Officials, biannually updates and publishes a Survey on Municipa 1 Fees, and facilitates discussion between individual cities and state or metropolitan agencies when requested. 6. Research and Educa.tional Seminars. AMM staff does provide a minimal research capability in response to member officials questions. Although this is not a large formalized activity, it does require a certain amount of time. Also, one or two educational seminars are annually sponsored on various topics of interest such as Levy Limits, Housing, Surface Water Management, MWCC, etc. 7. Internal Coordination and Services. The AMM coordinates, administrates, and is the major financial supporter of the annual Metropolitan Area Salary Survey (Known as the Stanton Survey). The AMM provides secretarial and administrative support to the Metropolitan Area Managers Association (MAMA). The AMM annually contributes to the coordinated labor relations effort in the Metropolitan.Area. r ATTACHMEMT A 1985-86 GOALS, WORK PROGRAM AND STAFF PRIORITIES FOR THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES I. ORGANIZATIONAL GOALS The goals of the Association They are: are embodied in the By-Laws. To effectAvely express in a united voice policies concerning the structure, powers and other matters relating to municipal government for the municipalities in the metropolitan area. Bo To serve as a forum through which all municipalities or groups of municipalites may develop and propose policies and positions on matters of concern to the metropolitan municipalities hnd develop strategies for advocating those policies and positions. To serve as a forum for the interchange of ideas and information among municipalities in the metropolitan area, and to foster inter-municipal cooperation. To develop and provide, either alone or in concert with the League of Minnesota Cities, or other organizations or agencies, programs of technical assistance to member municipalities. To foster, generate, and promote information and data concerning the programs and issues affecting municipal government in the metropolitan area, to the state legislature, in particular, and to the public at large. To encourage the improvement of municipal government in the metropolitan area' by holding conferences and by fostering pertinent research projects. To work closely with the League of Minnesota Cities in the interest of members of the Association. To strive to make the metropolitan area and its component municipalities more efficient and progressive in the continuing task of making the quality of life as complete and satisfying and enriching as possible for all citizens. -1- II. WORK PROGRAM AND ACTIVITIES TO IMPLEMENT GOALS AS STATED IN BY-LAWS IN SERVING ITS MEMBERS IN THE MOST EFFICIENT EFFECTIVE MANNER POSSIBLE AND TO IMPLEMENT THE GOALS EMBODIED IN THE BY-LAWS, THE ASSOCIATION SHOULD CONSIDER AND IMPLEMENT THE FOLLOWING PROGRAM PRIORITIES FOR 1985-86. A. Representation of AMM policy before the State Legislature Major activities to implement this priority include= 1. Municipal Revenue Committee will: a® Review existing revenue and tax policies in light of action taken in the 1985 session and determine which policies should be retained and/or modified. be Determine., if any, additional revenue policies needed for the 1986 session: and tax 1. Fiscal Disparities. 2. Property tax modifications. 3. Local Government Aid. 2. Metropolitan Agencies Committee will: ae Review existing metropolitan policies in light of action taken in 1985 and determine which policies should be retained or modified. Develop additional policies 1986 legislative session. if needed, for the 3. Housing Committee will: ae Review existing housing action taken in 1985. policies in light of be Develop additional housing policies for the legislative session as needed. 1986 -2- Transportation Committee will: Review existing action taken in which policies modified· legislative policy in light of the 1985 session and determine should be retained and/or be Monitor the progress and recommendations of State Highway Use and Jurisdiction studies if continued by the legislature. Ce De~elop additional transportation policies for the 1986 legislative session as needed. 5. General Legislative Committee will: Review existing legislative policy not covered in 1, 2, 3, or 4, above, in light of action taken in the 1985 session and determine which policies should be retained or modified. b. Develop additional policies for the 1986 legislative session as needed. 6. Board of Directors will: a. Appoint members to legislative policy committees. b. Adopt legislative priorities for the 1986 legislative session. Ce Sponsor/co-sponsor educational event(s) fo'r legislators to apprise them of the cities priority legislative program. 7. Staff will: Provide support as necessary for AMM standing committees to perform their assigned tasks. be Mafntain liaison with legislators and legislative committees during the interim. Coordinate and communicate with appropriate LMC personnel on legislative items of mutual interest· Lobby during the 1986 session fo~ the implementation of the AMM policies as prioritized by the Board. -3- · su~aouoo pue sanss~ uollelJodsuea~ ~u~o~uo o~ ~oadsa~ q~a paeog XJosT,pv uo~eqaodsua~z aql pue 'pa~o8 ~lsue~z ue~lodod~aN ~JJe~S Ttouno3 'Itouno3 ue~lIodoa~aH eq~ oq ~ndu~ apt,o~ -q · ap~no ~uamdola,a~ ue~lodo~aN aq~ jo Je~deq3 ap~no Xo~loa uo~e~aodsu~£ o~ s~uaapuame o~ a~al~doddde se ~oeaa pue a~Ieuv :Ilia aa~lmmo3 uoI~e~odsuea[ · senssl ~ulsnoq uvlllodoalam o~ loadsaJ q~Ia j~els pue Ilouno3 ue~lIodoaqaN o~ ~ndut apIAOJ~ :Ilia aa~ImmO3 ~utsnoH '~ · suosqepuammooaa ~Pn~S ~uama~eueN ~uapuadapu! 33~N aqq $o UOlqe~uama[dml aq~ aOqlUON · :~aitpnft pue mealtOacl -p · aoueolJIU~ls uvlllodoalaa jo sansst oq l~ssaoau se lo,aa pu~. azllvuV 'O · aPTno quamdoIaAa~ U~Tlodo~aN aq~ jo s~aqdeqo aau pasodo~d o~ X~e~saoeu s~ ~oea~ pu~ -q · (pesl,e~ eq lIta pue paReTAe~ ~ulaq · s~eqdeq3 ePTnO ~uemdoIeRa~ u~tIodoa~eH ~uT~sTxa :Ilia aelilm=o3 saloua~v u~ltlodoaqaH. 't :apnIoul l~laoldd stq~ ~uamaldml oq sdals eaojeg ;lseae~ul ledlolunH l~ouno3 ue~l[odoJ~aN aq~ jo uoIqe~uasaada~ aAl~OaJJ3 · l~IAt~oe ~o salPn~s uolqolpslan~ pu~ asN ~Mq~IH a~eqS aq~ jo ;seafood -j lIOUnO3 uglllodoaqeH aq~ ~uluaaouoo UOl~elsI~al saI~lo ~aqm~m pue s~o~oa~tC jo p~eo~ eq~ daa~ 1 2 TAB LE, 1 O£STRIBUT!ON OF CAR-T~AI).~R PARKING SPACES AT PUBLIC ACCESS SITES BY ZONE TASK FORCE GOAL FOR RELIABLE~' ACRES PARXING IN OF VICINITY' OF WATER ACCESS SITES 2,780 139 2,88O 144 3,100 155 2:5 0 1 2,720 136 EXISTING PARKING SPACES IDENTIFIED IN VICINITY' OF ACCESS SITES RELIABLE*' UNRELIABLE*' TOTAL 60 log 16g 46 363 409 0 80 80 79 216 295 0 219 219 1 ¢, 000 700 1 85 987 1 , 172 In Vicinity means within 1,500 feet from the access site. Reliable car-trailer parking space is one that is publicly owned or guaranteed by long term written agreement. Source: See item 20 of Bibliography · TABLE 2 % O ISTRIBUTION OF CAR-11~AILER PARKING BY ZONE ON-S ITE VS. OFF-'S ZONE ON-SITE OFF-SlTl~ 1 36% 64% 2 11% 89% 3 0% 100% 4 6% 94% 5 0% 100% 11% 89% Source: See item 20 of Bibliography TABLE 3 ,% DISI'I~IBUTION OF CAR-MAILER PARKING BY ZONE ON-STREET VS. OFF-SI~EET ZONE ON-STRUT OFF-STREET 1 54% 36% 2 89% 11,% 3 O% ¢ 32% 68% 5 10~ 0% 67% 33% off-street parking includes both on-site and other parking lots within 1,500 fees from launch ramps. Source: See item ZO of Bibliography -Report of the Lake Minnetonka LAKE HINNETONKA ' LISTING OF POTENTIAL ACCESS SITES CONSIDERED IN ZONE Sb2'I~R 1985 Mdnn. Dept. of Natural Resources 1. Site: Lost Lake Location: North shore of Cooks Bay in City of Hound 2. Site: Mound Bay Park Location: Northeast shore of Cooks Bay in City of Mound 3. Site: Highland Park Location: In Mound on north shore of Priest's Bay Site: Halsted's Bay Location: West side of Halsted's Bay off of Halsted Road 5. Site: Williams Property Location: West side of Halsted's Bay off of Halsted Road Site: Six Mile Creek Location: On west side of Kings Point Road off of Highway 7 on Six Mile Creek Site: St. Boni's Location: On north side of Six Mile Creek Just off of Highway 7 outside of St. Bonifacius 8. Site: Kings Point Road ~ocation: On west side of Halsted's Bay adjacent to Kings Point Road off of Highway 7 ~ 9. Site: Carlson Property Location: On Halsted's Bay off of Kings Point Road and Highway 10. Site: South Bay Drive Location: On south shore of Haleted Bay Just east of Lotus Drive 11. Site: County Road 66 Location: On southeast shore of Halsted's Bay off of County Road 46 12. 13. Site: Former Bachman Greenhouses Location: On southeast side of West Upper Lake off of County Road 66 and Shady Lane Site: Casamita Road L~cation: On south shore of West Upper Lake off of Highway 7 at the end of Casamita Road -1- 16. Site: Bayviev ~cation: On southwest shore of Smithtovn Bay on Bayviev 15. Sit.__~: Smithtown Bay Location: On southeast side of Smithtovn Bay off of Smithtown Road 16. Site: Location: 17. Smithtown Bay - Overflow Parking On west side of Smithtovn Road Just south of Smithtown Terrace Sit.___~: Smithtovn Bay - Overflow Parking Location: On Highway 7 and Iris, Just west of Smithtovn Road 18. Sit.~e: Howards Point Marina Location: East side of South Upper Lake off of Howards Point Road 4. Board of Director will: Assess and take action as reports/recommendations received committees. appropriate to from standing be Make recommendations to the Metropolitan Council concerning appointments to key Metropolitan Council Advisory Committees (TAB, TAC, etc.). 5. Staff will: a® Provide support as necessary to AMM standing or special committees, enabling them to perform their assigned tasks, and advise Board in 4b. above· Maintain liaison with the Metropolitan Council members and Council committees and staff· c. Monitor and assist the Transportation Advisory Board and the Technical Advisory Committee (TAC). Represent the AMM on the MWCC Task Force which will study the user rate structure· e. Represent the AMM on the Metropolitan Council's Advisory Task Force which is studying the solid waste collection system. f. Keep the Board of Directors and member cities informed as to significant activities, projects and programs of the Metropolitan Council and other Metropolitan Agencies. Provide Services Which are Unique and Member Municipalities Meanin{;ful to Provide administrative and the Metropolitan Area Salary 1985). financial support for Survey. (June - July Provide financial support for the coordinated labor relation's effort in the metropolitan area. Provide administrative and secretarial support the Metropolitan Area Management Association-. for -5- Prepare and publish Survey. (July 1985) Prepare and publish survey. (June 1985). the Elected Official Salary the local license and fee Communicate timely, lndepth information on subjects of interest to members via: Newsletters. Bulletins. Seminars and/or Conferences 1. Affordable Housing. 2. Court rulings with cases. 3. Levy Limtt/LOA/Property significant. and respect to land use tax change~ if Improve the Association's Oeneral Strengthen Effectiveness and relations with member cities 1. Apprise members of opportunities to serve on various advisory committees that work with the Metropolitan Council: a. TAB b. TAC c. Other special committees and Task Forces 2. Expand and increase quality and quantity of written communications to member cities with respect to AMM activities, programs and accomplishments. 3. Work toward goal of getting at least 2 officials from each city involved in AMM activities· 4. Develop informational packet/materials for new city officils. 5. Investigate possibility of having AMY participate in some way in the LMC's Annual Conference for newly elected officials. -6- 6. Establish program for meeting with new Managers/ Administrators of member cities if such persons are not from the Metropolitan Area· - III. Develop Outreach Pro~ram to non-member cities Expand program of direct communications to city officials (selected bulletins, seminars). non-member newsletters, Create ~ "high powered team" to make calls on cities with an interest in membership or metropolitan issues. Develop priority list of non-member cities that may be "targets" for membership· Update and revise the membership slide presentation which can be hsed for non-membership presentations. -?- BILLS ...... JANUARY 14, 1986 Batch 854122 .... Computer Run dated 1/7/86 Batch 854123 .... Computer Run dated 1/9/86 Batch 85q124 .... Computer. Run dated 1/10/86 Batch 864011 .... Computer Run dated 1/10/86 459,130.51 74,354.51 13,834.55 5,973.22 Total Bllls 553,292.79 c) C~ I la,) I.I O~ U I,I hi III -. ; w ,-,I .I N I ! ° U tJ v~ hJ Z Z Z ~r Z Z Z Z 0 0 0 ~' Z Z hi o I I ,4 .J .J ~D aD 0 -I J .I ,.I Z Z ~ 0 0 0 t.I U U --I "I" U J I !-I l.J ILl II 0 0 0 ~r ?/ i%1 N · . e · . e · · · e \ 0 o 0 0 ,.-1 I'1 i I, I I I 1,4 ,M i.i J' I I I hi ,d 0 I I I I f' f' f" I I I r- u w I o I t U'~ ~d · I I.I .,J ,.J L'~ ,',' 0 0 0 o % 0 ~ o o 0 I I I I I I I l I I I I I I I / I I I I I I I I -J. I~ I.., II* I,~ I~ I~ C: C: C: C. i-- f' r" r' C: C: C. C: C: C: C C C C !"' r"' I-- r' r' r"' r' I- I'"' r""' r- I I ~n I I .%. o 0 ~ r ~ i,-,l 0 c~ · ds. 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Bring completed application to local governing body, obtain signature and date un all copies, and leave goldenrod copy. Applicant keeps pink copy and sends remaining cupies to above address. ). Chanqes in appligation information must be submitted within 10 days after the chanoe. IType of Application: ~ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull-labs) ~'] Class 8 - Fee $ 50.00 (Raffles, Paddlewheels, lipboards, Pull-Tabs) [~ Class C - Fee $ 50.00 (Bingo only) Make checks payable to: Minnesota Charitable Gamblinq Control Board. Applicant (Official, legal name of o'rganization) Church of Our iLady of the Lake Business Address >.385 Commerce Blvd. City, State'", Zip Mound MN 55364 County Hennepin Business Telephone N~erl Federal I~D. Number ( 612) 472 1284 I YU 41-0718339 Type of Organization /"] Fraternal ['] Veterans [] Religious ~3 Other Nonprofit Organization Type of Organization Charter [~ International [] National ~ State Number of Years in Number of Articles of Existence (in Minnesota) Incorporation (if incorporated) 75 VI ~oc~tion Where Articles are Filed State of Minn. Secretary of State Yes No 1. Does organization have a dues structure7 XX number of active members 2. Has organization been previously licensed (X by the Board? If yes, give date3./1/85 3. Has license ever been denied, suspended or revoked7 If yes check all thst apply: XX [~Denied O Suspended ~] Revoked 4. Is or9an, ization exempt from payment of XX U.S. income tax? If yes, attach copy of letter declaring exemption. 5. Is organization tax exempt from payment XX of Minnesota tax? If yes, attach copy of letter declari.n~ exemption. Site Address 2385 Commerce Bird. Ci~uS~te~i~ 5 3 64 Yes No [. Are all gambling activities conducted at the above site? If no, complete a sepa- rate application form for each site ss a ×X seps~ate license is issued for each site. XX 2. Is site located within city/town limits? 3. Does organization own the site ~here XX gamblin9 activity ~ill be conducted? If' no, attach copy of the lease for the site. Lessor Name (if lease or rent) Address City, State, Zip Gambling Manager Name Irene Spaulding, Business Admn. Address 3146 Highland Blvd. ~ity, State, Zip Mound MN 55364 The $10,000 fidelity bond requilred by Minnesota See Statutes )~9.09 has been obtained. At t ache d she e t .pan Nam Arc d¥8% ero f St Selr-mnsureo under · Paul & Mpls Insurance program. a. Archbishop Father John ,,. Name of Organization's Officers and Titles / John Rqach~ President It. Michael Fitzgerald, ! Sweeney, Vice-Presiden~d' Secretary CG-O0001-O1 (12/84) Continued on Page 2 Minnesota Charitable Gambling Control Board GAMBLING LICENSE APPLICATION (Class A, B, or C) GAMBLING SITE AUTHORIZATION By my signature beZow, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time gambling is being conducted, to observe the gambling and to enforce the taw for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gamblin! rules and law. OATH I hereby declare that 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate, and complete; all other required information has been fully disclosed; 4. I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto. Legal Name of Organization Church of Our Lady of the Lake Executive Officer) inuary 15, 1986 ACKNOYLEDGERENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective ~0 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within ~0 days of the below noted date. ~OCAL GOVERNINO BODY Name of Local Governing Body Signature of Person Receiving Application Date Received (This is date from which the ~0 day approval begins ) CG-O0001-01 (12/84) ~hite - Board ORGANIZATION Name of Representat~ for Gamblin~icense Applica.nt Charitable Gambling Control Rm N-475 Griggs-Midway Bldg 1821 University Avenue St. Paul, MN 55104-3383 Bd BOARD USE ONLY GAMBLING LICENSE APPLICATION (Ciasa A, B, or C) INSTRUCTIONS: 1. PRINT OR TYPE. 2. Bring completed application to local governing body, obtain signature and date on all copies, and leave goldenrod copy. Applicant keeps pink copy and sends remaining cupies to above address. ). Chanqes in appliqatioD information must be submitted within hO days after ~h~ chanae, Ie of Application: ~ Class A - Fee $100.00 {Bingo, Raffles, Psddlewheels, Tipbosrds, Pull-Tabs) O Class B - Fee $ 50.00 {Raffles, Paddlewheels, Tipboards, Pull-T~bs) O Class C - Fee $ 50.00 {Bingo only) Make checks payable to: Minnesota Charitable Gmmblinq Control Board. . Applicant (Official,' ~egal name of organization) Americam Le~io~ l~+.w~ Pont, ~ ~o~ Business Address City, State, Zip Xound, Minn. County He~epi~ Business Telephone N~er)Federal ~.D. (612) ~72-9582 ~ ~1-6697305 l~e of Organization ~ ~raternal ~ Veterans ~ Religious ~ ~her Nmp:ofit Drganizat. ion T~u of Organization C~rter ~ International ~ National ~ State N~er of Years in Number of Articles of Existence (in Minnesota) Incorporation (if incorporated) 65 1T cert. no. Location ~re Articles are Filed 1~9231~ Secretary of otate Yes No 1. O~s organization have a dues structure? X number of active ~mbers 2. Has organization be~ previously licensed X ~ by the ~ard7 If yes, give date~ 3. Has license ever been denied, suspended or revoked7 If yes check all that apply: x , Do~d DS,,p.nd~d 4. Is organization exempt from pa~ent U.S. income tax7 If yes, attach copy N letter declarin9 exemption. ~. Is organization tax exempt f~om pa~ent of Minnesota tax? If yes, attach copy of X letter declerin~m., exemption. Site Address City, State, Zip Mo~md. Minn. County Herme')tn YeS No L. Are all ~amblin$ activities conducted at the mbove site? IF no, complete ~ ~ rate application form for each ~ite a~ a separate license is ismued for each ~ite. 2. I~ site located ~ithin city/to~n limits? X 3. Does orgmnizmtion o~n the site ~here gambling mctivity ~ill be conducted? no, attach copy of the lease For the X site. Lemsor Name (if lease or re~) Address City, state, Zip m. Gambling Manager Name Charles ~ackson .Address · 6~11- Bavridg~ Md. Cit~, State, Zip Mound. m~nn. qRggh lhe $10,000 Fidelity hood required by Miooesota Statutes ~a9.09 has been obtained. C~pany Name -Bond Number Westera S~ret~ Co. 580305~9 Name of Organization'i, officers and Titles Robert Shanley Commander c. John Taffe Peter Niesen Jr. Vice Commander Id. Leslie Allen Adlutant Off! cer CG-O0001-01 (12/84) Continued on Page 2 Minnesota Charitable Gambling Control Board -2- GAMBLING LICENSE APPLICATION (Class A, B, or C) GAHBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time gambling is being conducted, to observe the gambling and to enforce the 1. aw for any unauthorized 9amc or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gamblin~ rules and law. OATH hereby declare that 1. I have read this application and ali information submitted to the Board; 2. Ail ,information submitted is true, accurate, and complete; 3. all other required information has been fully disclosed; I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto. Official, Legal Name of Organization American Le~ion $ignatu~.=~M .u.~t bK~i-g~d~ y~ xecu t lyeS' O-f [i~e r > Title at~e 0~ A ~ e ~ D ACKNOWLEDGERENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 30 days from the date of receipt (noted below), unless s resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. L, OCAL GOVERNING BODY Name of Local Governing Body Ctt7 of Mound SiGnature of Person Receiving Application Date Received (This is date from which the 30 day approval begins ) January 13~ ,1986 The American Legion Mlnnetonka Post #398 ORGANIZATION Name of Representative for Gambling License Applicant (serving notice) Leslie Allen, Finance Office;' CG-O0001-O1 (12/86) I~ite - Board A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. ~OSEPH E. HAMILTON, P.A. ~IAMES D. LARSON, P.A. THOMAS F. UNDERWOOD, P.A. RO~3ER U. FELLOWS LAW OFFICES WURST, PEARSON, HAMILTON, LAR$0N & UNDERWOOD A PARTNERSHIP OF mI:~OFESSIONAL ASSOCIATIONS I100 FIRST BANK PLACE WEST MINNEAI~OLIS, MINNESOTA 5r~402 January 14, 1986 Ms. Fran Clark, City Clerk City of Mound 5341 Maywood Road Mound, MN 55364 Re: Title Clearance Dear Fran: We are trying to clear up the titles in the Town Square project. There is a small parcel of land which was platted right in the middle of a street, and the street went north, east, and west, and this little piece showed up on the plat and was called a private park. The title company wants that land in the HRA's name so that we can clear up some old vacations, etc. in the area. We have checked at the courthouse and find that it went tax delinquent in 1929 and was purchased by the State of Minnesota on April 13, 1937. I have prepared a resolution for the City Council requesting the State of Minnesota to sell the lands to the City of Mound. We could get an easement at no cost, but the title company is not satisfied with an easement and wants the City to obtain the title. I have talked to Gordy Raam and he says I should have the Council indicate their desire to purchase these lands from the State, and I think you have done this on numerous occasions in the past. The resolution is enclosed, and hopefully the Council will adopt it at its meeting on January 14. Very truly yours, Curtis A. Pearson City Attorney CAP: ih Enclosure cc: Mr. Ed Meehan RESOLUTION NO. RESOLUTION REQUESTING THE STATE OF MINNESOTA TO SELL LANDS TO THE CITY OF MOUND WHEREAS, the Housing and Redevelopment Authority of Mound is currently developing the Town Square project, and WHEREAS, the Housing and Redevelopment Authority of Mound has the responsibility of clearing the title to certain lands and conveying said properties to the redeveloper, and WHEREAS, in the review of titles the Guaranty Title, Inc., has requested of the Housing and Redevelopment Authority and the City of Mound that a small parcel of land identified as "a private park" as shown on the plat of Lake Side Park: A. L. Crocker's 1st Division, Mound, Minnetonka, be acquired, and WHEREAS, the City Attorney has reviewed the records of Hennepin County and has determined that on April 15, 1937, a County Auditor's Certificate was executed pursuant to Subd. (F) of Section 8, Chapter 278, Laws of 1935, selling said lands to the State of Minnesota, and WHEREAS, the City Attorney has checked with representatives of the State of Minnesota and Hennepin County and has been advised that if this property is needed by the City, application should be made to the County for a sale, and that the County will have the property appraised and will sell said lands to the City, NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Mound, as follows: The City Manager and the City Attorney are hereby directed to negotiate the sale of the following described real property: Private Park, as shown on the plat of Lake Side Park: A. L. Crocker's 1st Division, Mound, Minnetonka. The Mayor, City Manager, and City Attorney are authorized to file any necessary documents with the County and the State of Minnesota to institute proceedings for a private sale, and are further authorized to expend not to exceed $100 for the acquisition of said parcel. Upon receipt of a conveyance of said parcel from the State of Minnesota to the City of Mound, the Mayor and City Manager are authorized to quit claim said parcel to the Housing and Redevelopment Authority of the City of Mound for whatever sum the City has incurred in acquiring said lands. Planning Commission meeting of January 13, 1986. 'Re: Letter from DNR dated December 23, 1985 relative to a public access to Lake Minnetonka on the north shore of Halsted Bay The following motion was made by Thomas Reese and seconded by Robert Byrnes: The preliminary response of the Mound Planning Commission is that the Commission does not support the dedication of the Coddon Prop- erty to access use because this large property along with the King's Point access and otherunwaivlngpotential dense use open land on the Bay, has the potential to result in excess activity, in Halstead Bay with the resulting deteriorating of the bay's environment. A more detailed review of the site's potential as an access should be accomplished as part of the City's participation in the present access Task Force study. The vote on the motion was unanimously in favor with the entire Planning Commission being present. league of minnesota oities January 10, 1986 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Staff Associate GRAMM-RUDMAN DEFICIT REDUCTION PROCESS THREATENS FFY'86 FUNDS FOR CITIES Enactment of the Emergency Deficit Control Act of 1985 (otherwise termed "Gramm-Rudman" by the media) establishes a process to accomplish federal deficit reduction by setting targets for reduced federal spending. Those defict reductions are to be achieved between now and FFY 1991. All city pro~rams are covered by the act and therefore subject to immediate cuts regardless of the fact that cities have already adopted budsets for FY'86. Cities face serious and harmful impacts to local programs and services as a result. Gramm-Rudmann effectively narrows the portion of the federal budget available for reductions to as little as 13 percent of all direct federal spending and tax expenditures. Tnat means that the small portion of federal spending must absorb cuts nearly equal to the current federal deficit. Those cuts would be made immediately, as of March 1, with a second series of reductions set for October 1, 1986, both dates within cities' current budget year. Unless Congress and the President can agree to some other way to reduce the growing federal deficit before February 1, the automatic sequestering process called for in Gramm-Rudman will take effect. (Sequestering refers to the automatic cuts in federal spending subject to provisions of Gramm-Rudman.) In order prevent further cuts in city pro~rams.~ city officials must immediately contact individual members of the Minnesota Congressional Dele~ationa durin5 the current congressional recess. Tell them how these proposed cuts will affect your current bu~et and services and urge them ~9 support a resolution of d~'~approval to p~oposals to either defer CDBG spendin~ or to further reduce GRS or other federal assistance to cities (see below). To accomplish targeted spending reductions, the President and the Congress must immediately reduce the current deficit ($220+ billion at last estimate) to no'more than $171.9 billion by March 1, 1986. In order to provide current federal budget savings needed to meet the initial deficit reduction, an accelerated timetable has been put into effect for FFY'86. When Congress reconvenes on January 21, following 183univer~iCyavenueeasC, st. paul, mi~,nesoCa 551©l (1~12) 227-5600 its holiday recess, information will already be known about the size of savings that must be achieved. For this year, the new budget reduction process has determined that the maximum deficit reduction required will be $20 billion. It is expected that the amount of immediate budget cuts for the remaining months of FFY'86 will total at least $11.7 billion (through September 30, 1986), to be split 50:50 between military and domestic spending. By January 21, the recommendations of the Congressional Budget Office, the Office of Budget and Management, and the Government Accounting Office for cutting current fiscal year spending will be known. For cities, such recommendations are most likely to call for significant cuts in funds already committed and budgeted, including a 4.6 percent reduction in April and July, '86 GRS payments as well as potential loss of funds for rental rehabilitation; new public housing construction; housing development grants (HODAGS); existing Section 8 housing and rehabilitation funds; an additional cut of 16 percent for CDBG grants (in addition to the 10 percent cut just enacted for FFY '86 funding) already committed for this year; and all public housing operating subsidies carried over from FFY'85. Fears are growing that current (FFY'86) CDBG grants will also be targeted for cuts in March, with an additional 5 percent cut as determined by Gramm-Rudman, plus an additional deferral (delay in spending) of $500 million for the current year. October '86 GRS payments, already scheduled to be reduced by 34 percent, will be further reduced by an additional 4 percent under Gramm-Rudman, for a total of 38 percent in cities' final FFY'86 payment. Domestic spending totaling at least $5.9 billion (half the $11.8 billion cited above) will have to be reduced to meet the targets set by Gramm-Rudman. It means that EPA municipal wastewater grants, highway and transit operating and capital assistance funds, UDAG grants will all be reduced by at least 4-5 percent from the amounts already committed (and budgeted) for this year, unless either the U.S. House or Senate passes a resolution of disapproval to reject any or all of these domestic spending cuts. Add to this the prospect of passage of federal tax reform legislation by late next summer, and one can begin to fully appreciate the very precarious s~tate of local government financing for the coming year. Federal mandates continue to operate in the midst of the federal deficit crisis. Therefore, the costs to cities and states remain as the local fiscal capacity to assume these responsibilities is further diminished. Remember, too, that the President will soon announce his FFY'87 federal budget proposals to Congress. In order to meet the targeted federal budget figures cited in Gramm-Rudman, the President must provide for a federal FFY'87 Budget calling for another major spending cut, this time - $ 48 billion, to take effect next October. It is already feared that targeted programs in FFY'87 will include reductions in the number of entitlement CDBG cities and termination of rental rehabilitation,UDAG grant and rehabilitation loan funding. If the currently proposed increases in military spending are included in the FFY'87 budget proposal along with no action to address fast- growing tax expenditures or non-need tested entitlements, outright elimination and extraordinary cuts in remaining domestic spending will be necessary. For further information contact Ann Higgins. League o 1986 Le~ f Minnesota Cities islative Action Conference Wednesday, February 5, Radisson St. Paul Hotel Kellogg Blvd. 1986 Agenda 7:30 a.m. 9:00 a.m. 10:00 a.m. 12:00 p.m. 1:30 p.m. 2:15 p.m. 2:30 p.m. 5:30 p.m. Registration begins Panel discussion: State budget/mandated fees Policy adoption Lunch/speakers (legislative leaders invited) Legislative issues (development, tort liability, pensions, etc.) Legislative priorities/Ask the lobbyist City officials go to the Capitol to meet with legislators Reception for city officials and state legislators (Co-sponsored by the Association of Metropolitan Municipalities) LMC 1986 Legislative Action Conference registration City (Please print or type) Name , . Title Name Title Name Title Name Title Name Title Registration fee: $50.00 advance, $55.00 on-site Check enclosed in the amount of $ Fee includes conference registration, luncheon, and evening reception with legislators invited. Mail to Gayle Brodt, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 ~r Ii LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD A. THOMAS WURST, P.A. CURTIS A. PEARSON, ~.A. JOSEPH E- HAMILTON, F? A. JAMES D. L. ARSON, P.A. THOMAS R UNDERWOOD, EA. I:~OGER J. FELLOWS I100 FIRST BANK PLACE WEST MINNE:APOLIS, MINNE::$OTA ~S5402 December 19, 1955 TELEPHONE: C812) 338-4300 Ms. Fran Clark Acting City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Planning and Zohing Law Dear Fran: I am enclosing herewith a copy of a case Which was decided by the Minnesota Court of Appeals on December 13 of this year. I am sending a copy to you and a copy to Mark Koegler and you may want to include copies for the Council. I think that it also might be helpful if copies of the case, or at least the principles~contained therein, were given to the Planning Commission or explained to them. The principal court holding, which is beneficial to the municipalities, is the ruling of the trial court, 'and it is sustained by the Court of Appeals, that the City did not deprive the property owner of all reasonable uses of its land and, as a result, there was no taking under the constitu- tion. The Court also found that the applicant had been given due process by the various hearings that were held before the municipal zoning authorities and that when they were not given their building permit the reasons were set forth adequately by the City so that the applicant knew why the permit was not being issued. We do not have anything which is directly on point in Mound, but this does point out that if we do com- pletely take a piece of property or abolish any use of the property through~our regulations, either under the zoning ordinance or any other ordinances, we will probably be found to have violated the constitution and be required to either issue a permit or to take the property. The other principles which are spelled out are that we must treat everyone essen- tially the same and, therefore, we should be aware of the process to which we will be held if somebody litigates with the City. This is for your information. CAP/ej Enclosure CC: Very truly yours, Curtis A. Pearson Mr. Mark Koegler, Mound City Planner 97 #LHIan C. Dmud&J klpombet. . bit. CitT AttM ~8o~ ~Xlate ~ur~ - not constitute a Uk/ng of-propR~ vLthoR Jut c~nntlon vhen ~e Xandwner ~ot ~ It v~ reuoMbXe m ~ ~e propr~. arbltfa~ ad- ~Hegd a~nt I sh~M of diser~m ota deni~ v/thoR e~l~tlm. bsXie. Judge, ~ lieren~en, Judge. O~XIXOI ~fldinp peat d~ b ~ve~r~ ~elo~R e~, zonLng ord/Mncea, ~ r~XatLm a~ZL~e to B~- lKand, ~cXudLng ~ N~ea~Hs eerLu~ ~sol~'8 (~) crRerLa nd ~L~Z~eo for ~op~ vL~ desLgMC~ bLs~ori~ d/o~ri~a. A Ra~f ~roon for ~ e~reaNd =~e ~lnLon ~at a~H~tt~ M appE~ ~cauu it ~H~ vL~ B~ cdt,La After e lPubl/c ~L~gv~L:deternined that the pr°p°"d_, , · -- , ,, ,, . eonmtroCtLon vouXd himtoric attributel o~ the '17 district ·nd denied Bolander'l ·pplication. On Sepcomber 2S, 1978, the executive secretary of the M, the ~rd cteat~ to ~rd~Mte ~e ~ve~o~nt of ~e ILom%smi~ ~ver ·re· An MnM~%Ao, ~%d ~e ~ity ~veXo~n~ C~Attee of the City Conc~ ~a~ the M had a~roved a Motet ~ ~at ~ncl~d the a~uls~tion of ~ laird for ~r~a of r~verfron~ ~r~ develo~nt as o~ as the appropriate fudAng Bas ~cur~. ~e ~tt. r~n~d a ~ld~ng ~t ~rator~, ~ ~ b~e~r 29, 1078, ~e . City Council enacted · Sdainom sixty-day aorat__ortun on I~iiding ..... ~ Il 'l m__ T .~ __ p~rmLt· for Boom Zaland and ad:Jacent areas that vere included Ln the ptopo~d riverfront park. The resolution noted that it vas an ob3ective of the BI)C~ to develop the ·re· An vhich Boca Island vas lo. ted for a res/oMI perk'and that the Betropolitan ¢oanc~ bad prograsmed $15.$ Billion for property acquisition. The ~oanGnity t~velopnent Come'tree of the City Council upheld the HPC perait denim and reported the Mtter to the fu~l city-ununcLt vithout recomndation. The council den~ed BolaAder;s application ca iovcaber O, 10?l pending tho' Ltl·cation of fmcla oecasunr~ to a~qulra the park propert~ bat aBC·Uts_ged ~olander to rooubait hi· application after nay Bolander re·ppi/ed for · building peruit on I)~ceaber bat the Commm~ty Develoiment Comuittee po·tponed the pending a clar~£icatlon of latent o£ ~he ~ionfepolis Park ~nd - lecreation Board to imrcbao~, the property, the Board having given an·ur·ncaa that pr·graBs vas being Bade toward acquiring tim proportT. aolander eosoenced suit"on I~cenbar 20, l~70, alleging that the City-uncon·titutionLtly denied Dolander its fu~l and lavfu~ . po·sasslon~ on3oyuent~ and vttue of its pr·party vithout c°npanantion erda acted ·rbitrarLty and capriciou·ly An violation of his due prbce·· right·. Bolander ·ought ·even m/Ilion dolls'rs for tho loss of vttun or the prOlMrty and fifteen hundred dollars per day £rou Sol. Briber 25~ 1578 for the loss of I~les and p~ofito ~d for ~e EesultAng ira not having ~e o~r~ce addition ~e ~l~ea~lia Park ~d ~creatlon au~oEis~ ~d~tl~ of vheruby loZsader received $3,~??.$~4.00 p].us relocation ~e ~L~ cou~ be~d ~e~e w~ no ~aKAng compilation ~fluN Bo2~der ~t ~prL~ed of ~1 r~o~Me uses of B~ ZsZind for it ~ntln~ to uo~ ~tl i~d ae It bed for ~e pr,ceding t~ Furors. ~, trX~ ~urt ~oo that BoXender wen sot ~nL~ d~ process rights ~uN At ep~ar~ ~fore ~e I~ ~d ~n~Xty ~eXopent ~Att~. rln~ly, ~e ~rA~ cour~ c~clud~ ~ ~ CIty's ~ of ~e ~AldLng ~A~ vse nsc arb~ra~ or Illegal ~u~ ~e vas ~nderteklng · le~ltls~te p1&nnlng process and vas simply de~e~lined that the ¢L~¥ Bade the denl·i Ln good filth sad did floc oct In · .discr~B~n&tor¥ fashion ~c·use the denial o£ pem~te applied to the entire uub2ect ·rea. Yhs trial court re~ectod eolaoder's ·rguBant that t~e real resson for the City's acqu~sition costs as lev &u possible.' Boleflder appeals frae the entry of 3odgBant granting the City's cross motion for sum~u~ 2udgnent. 1. Did tJ~ City's denial of Bolnderes bu/ldLMJ poEmLt application ~ lend sought ~o be ~c~tulr~d ~ tho City for - purposes of developing · regional river£ront park constitute an uncoflstLtutLonel UKLng vitbout 3ust comF~nBat~on vben Bolender vis not denied its eornLT u~e of the pr·potty Feeding the 2. Mae tho Clty*e denial of 'Bolander's ~L~dLng Imralt application arbitrary end L~iegsi, entitling S~l&nder to dmmgos? Standard of Xfftev ?he function of a court re~Leviflg sun&~r~ 2udgBent Ls to determine whether there ere any genuine ~sueu of uatarIal fact £or trill, ·nd vher. ber the trI~l court erred Ln its application · (Minn. 1979)(citation ou~ttod). Tbs potties stLpolsted to the facts so ye coflf~ne ourselves to the question of whether the trial court erred ~n Its application of the 3ay. FINA~fCE nd C01flfEICE ouf~er~ beges erasing fr~ ~e "~.sive i~e~iciancieo* ~o M~rate l~tX~ ~o ~e we at B~ Xsim. .lnder ~ten~ t~M dm~s ere re~erabXe ~use ~ pr~ent~ X~ frs hXXdieg ~Xely for ~e ~r~ ~ ~oldlAg ~nstruetlu ~t u~d bcreue W ~ of future or ~nd~tlon, n arbf~ra~ ~on ~prlvlAg Balan~r ef ~e uM of Ara pro. reT vAt.ut 2u~ '[PJrAve~e pro~rtM abex not ~ ~akon, dea~roMed, or dmged ~or ~bXXc use vAthout 3us~ c~n~Aon first ~ld or Mc~.' ~L~. ~nst; Art. l, S ~3. lA to establish n mconotAtut/on~ taking, a land~ner Bust ~.t ~e ~ve~nt's e~Xon or X~Xon has ~prXv~ h~n ~ *the reasoanbZe uae· of bls 1And.'* ~ ~J~s~on~, 269 n.v. Zd 2S, 20 (~lnn. Z979) (quoting C~eeh v. CLe~ Blaine, 253 X.#.2d 272, 274 (X077)). BoZaflder vas not deprived of AJ.X bEne£IcLLX uses of Bo~ Island. The coupeny contlAu~d to use the property until 1982 lA refusal t~ petit Islander to build the o££1ce Addition; SoZander hixo to show Zoos of ali renennaMe mo of its prolMrty. At Lo·us Ls A couprehensLve planning objective to comprehensive pXannlAg.obJectiVA constLtutes A pr?per regulation of property, bo B~l~ano v. Cie? of fiirhnu~e, 292 N.W.~ 2S3~ ~, 438 U.S. ~104 (Z978~'¢no teklAg actuated.avon though ~be regulation p~evanted the landowner f~9~. eslAg tho land so~ of its Mst bneficlal XX Bolender elAXmu that the CAtv ArbItrmr~y end sought to depress the vLXuo,of Boou IA/end ~hrough the permit. denloZ so that it could acquire the pro,arty Bore thespXy iA the condenrdtlAn proceedi~So AZthough the 6eposXt~on tear,Bony of A planner for the zeYe&Xo that the Ct~ was concerned vi~b Increased AccluXsltfon - costs Xf the twX~ding pemtt verb granted, ~oZender does not plead A tort, bat s~uply concludes that 'liAbility must roXZow respondentOs tortlous end illegal conduc~ In tho instant cam )ol Bi~. A, 1~ ~.U.H lJ (1~3) ~e city ~ ~nl~ ~e mpp11~*m ~liu~A~ uitbout ~y e~l~Aon.- ~e · e~ aR~ arbAtrar~Xy. Xn lytka ~. ~i~ aP ~1, 383 n&nn. 102, 167 ~.W.~d 4S (~9), acAty ~n~ a~Ai~&on vl~bou~ giving ream~m for ~e ~e ninflemo~a SupEeM Court ~o conclude %hat m.U.2d 758 (~973), a ci~y ~nied m building ~rBLt application ~ltbou~ clearly a~le~a~iflg i~s reasons nLnMsote Supra Court ~te~Xned ~t ~m CXty'm ~aXlure ~o contu~raneoumAy r~rd &tm reamonm for ~nyLng the ~At yam arbitral. mere there ~o no fi&dance of dLmcr~nl~Lon or give reasons for ~ ~ ~aI. Zn addition moZan~r ham sh~ no Nl~so~ ~s Ln which ~ney ~gem fire-~ar~d for ~Xander ~N eXalm ~m for eztra ~ruck~g' lair ~m~m ~ ex~n~m arLm&ng frs ~ facLXL~Lem. BLs a~bor/ty .La ~rlv~ fr~ eppAAcnt for a ~LAd&ng ~l% bad mtar~ conmtru~L~ ~fore ~e p~ttm were ~nted. ~Z~er Hver sta~ ~nmtru~/on And Knw ~fore ~ app~L~ for ~e building ~ ~t ~ City pl~ed a ~rk Ln ~he ar~a Zf BoAander bd ny ~msLb~e rmdy, i~ vas a ~d~uo action, ~A~ he ~e~ buAlding ~L~ vas no~ arbl~ra~ ~d llleg~ as a ~er ~ ltv ~/~emota ~upr~ ~urt appr~ed a c~t~'m ~ted ~ra~or~ on cmlrt°fAppoall/ClvflOPhl0al FRIDAY, DECEMBER il, 1l~5 the Issuance of building permits Is that tbs city could keep H.M.JQ II~, 126 {l~TS). ~e cog~ held thits [Vlber~ i u~tct~Xtty ~s Ln ~ filth and vttho~ dtsc~imtMtAon, I.Kratorlm on ~veXo~nt which tm og Ztmttd duration, v~td tf u~n Inlc~nt, the Itu~ proceeds pru~Xy ~d appropriate zonLng ordt~nc~ ire ez~dtttousXy i~ed when tt ~. it iS, 24S I.V.2d it 12i. In ~e pr~ent 9uLdelLMo. The city did not ~reat other di.~ecen~y. ~e noca~orL~ vas e~c~ in ~ faith. Given the c~n~o of ~ever~ of ~he council H~ro exhibiting concern for BoXn~E'l ctgh~a, t~ ~nnot ~ ntd ~ba~ there vas ~d faith. The ~ratori~ vas ~or a limited durat/~ ~use a~r~ ~ o~n s~ce Mater pXan ~d a~uLsttton authorization, vhtch~et ~c~r~ first, hsed on trL~ ~u~ cottectX7 dete~ ~t ~ CL~ e~ i v~td freeee Xand p~t~s to insure Z~,r a~utsttt~ ~ats. Me ~ncXu~ that ~e City's ~ratoE~ vas a legit/Mia act Ctty*s ~Xt~ ~er, a~ cons~tuted'a reaso~ble ~reeze of ~e status q~ ~ndtng a cxartft~tton'~' ~e ~rk DBCZS.ZO! The City's ~nt~ of BoXanbr's ~mtt ~ppXt~tton. which ~ntained pl~a to ~natr~t n office a~ttton .~. X~d Sought to b a~utr~ ~or ~rk pur~ses, ~ not constitute a taking o~ pto~rty without just c~atton ~use BoX~nder ~nnot oh~ ~at Lt vas dent~ ~X reaso~bXe uses o~ ~e pro.try. Because the City gave ~ expX~atton for its ~ntaX ~d did not act tn a dtscrtnt~to~ fashion, ~e dent~ vas not arbttra~ o~ tXXeg~. Leslie, Judge Dissenting: Z respectfully dissent. A. THOMAS WUeST, P.A. CUR'I'II A. JOS~-ieH ir. ~'~AMIi. TON, ,JAM£S 0. LAI~$ON, P.A. THOMAS ~. UNDE::IRWOOO, ROGE:I~ ~. F'rI. LOWS LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD I100 FIRST BANK PLAC£ WE:ST MINNE:AFaOL. IS, MINNE:SOTA 5S402 December 23, 1985 T e' L~: I~HO Ne' Hon. Janice M. Symchych United States Magistrate 604 U. S. Courthouse 316 North Robert Street St. Paul, MN 55101 Dear Magistrate Symchych: I enclose herewith a Stipulation of Dismissal with Prejudice in the matter of Gregory J. Skinner v. City of Mound, File No. 3-85-1466. This should close this matter, and it may be removed from the calendar. Your help, cooperation, and assistance in resolving this dispute is very much appreciated. CAP:ih Enclosure cc: Mr. C. Scott Massie Very truly yours.~ City Attorney City of Mound Ms. Fran Clark, Acting City ~nager UNITED STATES DISTRICT COURT DISTKICT OF MINNESOTA Case No. 3-85-1466 Gregory J. Skinner, Plaintiff, VS. City of Mound, Defendant. PLAINTIFF'S STIPULATION OF DISMISSAL WITHOUT PREJUDICE It is hereby stipulated and agreed that the above-captioned matter be dismissed without prejudice. Each party to bear it's own costs. Dated: KOENIG, ROBIN, JOHNSON & WOOD C. Scott Massie Attorney for Plaintiff 730 East Lake Street Wayzata, M~ 55391 (612) 475-1515 I.D. # 160143 WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Curtis A. Pearson Attorney for Defendant 1100 First Bank Place West Minneapolis, MN 55402 (612) 338-4200 .lo5' M TP, OPOLITRN WRST s'--- COnTrOL (OMM!SSiON December 5, 1985 Mr. Robert Polston Mayor City of Mound 5780 Lynwood Blvd. Mound, MN 55364 Dear Mayor Polston: Recently I sent you a copy of the Executive Summary from the Final Report published by the Metropolitan Waste Control Commission's (MWCC's) Rate Structure Task Force and informed you of the'public meeting on the subject scheduled for November 1. I wanted to now let you know that the Commissioners of the MWCC unanimously approved the recommendations of the Task Force at the meeting of the full Commission on November 19. A copy of the resolution approved at that meeting is enclosed. I am also forwarding a copy of the document entitled "Impact of Alternative Rate Setting Methodology." It will tell you how you can expect the new alternative cost allocation methodology to affect your community's rates over a five year transitional period. If you have any questions about the new rate structure, please give me a call.. I'd be happy to talk or meet with you. Sincerely, ~_ ~ ~ __ Louis J. Bre~mhuTst Chief Administator LJB:MPF:AM Encl. CC:. City Managers/Administrators 350 Metro Square Building, Saint Paul, Minnesota 55101 612-222-8423 REVISED METROPOLITAN WASTE CONTROL COMMISSION 350 H~TRO SQUARE BUILDING~ SAINT PAULw MINNESOTA 55101 222-8423 RESOLUTION NO · 85- 376 ADOPTING THE FINDINGS AND RECOMMENDATIONS OF THE RATE STRUCTURE TASK FORCE AND DIRECTING IMPLEMENTATION THEREOF WHEREAS, The Commission's changes; and Touche Ross Management Study cost allocation methodology be recommended that the studied for possible WHEREAS, The Chairman of the Commission appointed a Rate Structure Task Force to carry out such a study which resulted in findings and recommendations contained in.its final report of October 16, 1985; and WHEREAS, The Commission received the mational meeting on the findings and 1985; and report and held a public infor- recommendations on November 1, WHEREAS, At the public meeting there was general acceptance of the findings and recommendations of the Task Force report but concern was expressed about the financial effect of an immediate implementation of the SAC rate due to the proposed system; and WHEREAS, The Commission has reviewed the report and the recommen- dations of its staff; NOW, THEREFORE, BE IT RESOLVED, By the Metropolitan Waste Control Commission, that it hereby adopts the findings and recommendations of the Rate Structure Task Force as embodied in its final report dated October 16, 1985; BE IT FURTHER RESOLVED, That the Commission adopts the concept of phasing in the SAC rate due to the proposed system in order to miti- gate their financial effect; and BE IT FURTHER RESOLVED, That the Commission staff is directed to begin implementation of the recommendations through development of internal policy, transmittal to other agencies which may have review authority,. and pursuit of necessary legislative changes. Adopted this 19th day of November, 1985. METROPOLITAN WASTE CONTROL COMMISSION By by ~ Chairman Chief Administrator 11.15.85 METROPOLITRn WASTE CONTROL commission Impact of Alternative Rate Setting Methodology November 1, 1985 ~ntroduction e On October 16, 1985 the Rate Structure Task Force issued its Findings and Recommendtions regarding the MWCC's cost allocation methodology. A summary of these £ecommendations is contained in the Task Force Executive Summary. If there are any questions regarding this document please contact Ms. Pat Ferquson of the MWCC. The document is designed to help answer the question: If the Commission adopts and phases in the alternative cost allocation methodology recommended by the Rate Structure Task Force what will be the projected impact on my community's rates over the five transitional year period? To accomplish this objective the document is organized as follows: Projected Impact on 1986 Rates Projected Impact on 1987- 1990 Rates Projected Impact on 1991 Rates Paqe 2 3 - 10 11 p~o~ected ~mpact on 1986 Rates The Commission will determine 1986 existinq cost allocation methodology. rates using the Communities can continue to use 1986 pro~ected =ares supplied by the MWCC for purposes of developing their 1986 budgets. The ea=liest the new methodoloqy would be used is 1987. I10 -z- Pro~ected Rate ~mpact on Service Area 1 Pro~ected Rate pe~' 100,000 Gallons Cur.£ent Alternative Net Change 1987 1988 1989 1990 $86.63 $93.01 $97.87 $103.74 85.20 92.23 97.66 103.74 $(1.43) $(0.78) $(0.21) $ 0.00 Communities Affected Arden Hills Columbia Heights Falcon Heights Gem Lake Hugo Lauderdale Mahtomedi Mendota New Hope Oakdale Robbinsdale St. Louis Park West St. Paul Willernie Birchwood Crystal Forest Lake Golden Valley Lake Elmo Lilydale Maplewood Mendota Heights North Oaks Plymouth Roseville St. Paul White Bear Lake Woodbury Brooklyn Center Edina Forest Lake Twshp. Hilltop Landfall Little Canada Medicine Lake Minneapolis North St. Paul Richfield St. Anthony Vadnais Heights White Bear Twshp. The rate pro~ections Proqram and alternative impact analysis was based on cost and flow contained in the MWCC's 1986-1990 Development reflects a five year phase-in of the proposed cost allocation methodology. /// -- 3 pro~ected Rate Impact on Service Rrea. 2 Pro~ected Rate pe~ !00,000 Gallons Current Alternative Net Change 1987 1988 1989 $95.04 $104.30 $111.04 91.73 98.s0 102.s9 $(3.31) $ (s.7o) $ (8.48) 1990 $117.87 106.34 Communities Rffected Andover Centerville Lexington Moundsview Spring Lake Park Blaine Circle Pines Lino Lakes New Brighton Brooklyn Park Coon Rapids Maple .Grove Osseo The rate impact analysis was based on cost and flow pro~ections contained in the MWCC's 1986-1990 Development Program and reflects a five year phase-in of the proposed alternative cost allocation methodology. Pr_ARjected Rate Impact on Se~v~e A~ea ~ Projected Rate pet 100,000 Oallons Current Alternative Net Change ,!987, 1988 1989, 199o ~o6.6z ~.o6 i~.oo ~.?~ $(?.o¢) $(i¢.oi) $(z~.~6) $(~.61) Communities Affected Anoka Ramsey The rate impact analysis was based on cost and f.low projections contained in the MWCC's 1986-1990 Development Program and £eflects a five year phase-in of the proposed alternative cost allocation methodology. - s- //J Pro~ected Rate Impact on Service Area. 4 Pro~ected Rate per 100,000 Gallons Current Altecnative Net Change 1987 1988 1989 1990 $104.06 $112.56 $118.28 $125.49 98.95 103.56 105.49 107.88 $(5.11) $ (9.00) $(12.79) $(17.61) Communities Affected Chanhassen Deephaven Eden Prai=ie Excelsior Greenfield ~=eenwood Independence Laketown Township Long Lake Maple Plain Minnetonka Minnetonka Beach Mound Minnetrista Orono Prior Lake St. Bonifacius Shakopee Shorewood Spring Park Tonka Bay Victoria Waconia Wayzata The -rate impact analysis was based on cost and flow projections' contained in the MWCC's 1986-1990 Development Program and reflects a five year phase-in of the proposed alternative cost allocation methodology. - 6 - ~£o~ected Rate ~mpact on Service Area S P£o~ected Rate pe~ 100,000 Gallons Current Alternative Net Change 1987 $87.24 85.48 $(1.76) 1988 $93.69 92.23 $(1.46) 1989 1990 $98.17 $103.65 97.66 103.74 $(0.Sl) $ 0.09 Communities Affected Bloomington Burnsvtlle Eagan The rate pro~ections Program and alternative impact analysis was based on cost and flow contained in the MWCC's 1986-1990 Developmen~ reflects a five year phase-in of the proposed cost alloca=ion methodology. Pro~ected Rate Impact on Se=vice.Area 6 ~o~ected Rate per 100tO00 Gallons Current Alternative Net Change 1987 1988 1989 $84.63 $90.20 $94.79 85.20 92.23 97.66. 50.57 5 2.03 5 2.87 1990 5100.62 103.74 5 3.12 Communities Affected Empire Township Newport St. Paul Park Farmington Oak Park Heights South St. Paul Inver Grove Rosemount Heights The rate ~mpact analysis was based on cost and flow projections contained ~n the MWCC's' 1986-1990 Development Program and reflects a five year phase-in of the proposed alternative cost allocation methodology. Il& ~o~ected Ra~e ~mpac~ fo~ Communities Without Interceptors Pro~ected Rates per 100,000 Gallons 1987 1988 1989 1990 Current $75.90 $80.95 $85.13 $90.39 Alternative 76.36 8¢.50 92.13 100.82' Net Change $0.46 $ 3.55 $ 7.00 $10.43 Communities Affected Bayport Chaska Hastings Savage Stillwater TwshP. Cottage'Grove Stillwater The rate impact analysis was based on cost and flow projections contained, in the MWCC's 1986-1990 Development Program and reflects a five year phase-in of the proposed alternative cost allocation methodology. - 9 - //7 Projected Revenue ~mpact for Communities in Several Service Areas The projected revenue impact associated with a change in the cost alloca£ion methodology for a particular community can be calculated by using the net change previously described multiplied by the expected future flow by year for ~he specific community.. Under the c~rrent cost allocation system, the following communities are in more than one.service area and receive different rates for the same service. Community Apple Valley Champlin Fridley Hopkins Lakeville Medina Shoreview Se=vice Areas and 6 and 3 and 2 and 4 and 6 and 4 and 2 Pro~ecCed Impact on 1991 RaCes · In 1991 all users would pay a uniform, system-vide rate. The Task Force did .not make projections on 1991 rates because the data was not available. Based on cost t£ends in the MWCC Development Program, an expected system-wide rate would be ~n the range of apgroximately $110.00 to $113.00 pe£ 100,000 gallons in 1991. - ,, - II ? league of minnesota oities MEMORANDUM December '20~ 1985 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Staff Associate SUBJECT: APPOINTMENT OF 1986 CONFERENCE PLANNING COMMITTEE The League will soon begin the planning for the 1986 LMC Annual Conference. An important part of that process involves the work of city officials who serve as members of the Conference Planning Committee. If you or another official in y'~r. city is interested in assisting in the development of this yea~'~!i~' conference pr.o~r~m~, please contact me at the LMC Office. We welcome-.the participation of city officials from a wide range of member cities in order to represent a range of topics and learning opportunities of interest to all cities. I also encourage you to contact me to alert me to topic~ resources~ prospective faculty and speakers for both. workshop and general session programs as well as to provide suggestions regarding the schedule o[.conference programs and activities. The first meeting of the 1986 Conference Planning Committee is scheduled for Friday, January 10, at 9:00 a.m. A second meeting is tentatively set for Friday, Jaquary 31, at 9:00 a.m. I 8:3 univeesity avenue ease, sC. paul, minnesota 551 01 (61 2) 227-5600 198 Proposed and For distribution to all member cities. All mayors, managers, and clerks receive a copy of the proposed policies. Please share this document with your council members. If necessary, additional copies are available from the League office. LMC Legislative Study Committees have developed these polici'es and the LMC Legislative Committee is recommending them to the membership. Each policy has an A, B, or C priority. An explanation of each level is in the Foreword. Please review these Proposed policies before the 1986 Legislative Conference. City officials will adopt-legislative policies at the Legislative Conference on Wednesday, February 5 at the St. Paul Radisson Hotel, 11 E. Kellogg Blvd. Please feel free to contact League staff with questions or concerns. Lcapu¢ of Minnesota Citigs 183 University Avenue East St. Paul, Minnesota 55101 associat[.on ot: metropolitan municipalities PROPOSED ADDENDUM TO POLICIES AND L E G I S L A T I V E P'R 0 P O S A L S 1985-1986 FOR CONSIDERATION BY THE ASSOCIATION MEMBERSHIP ON JANUARY 9, 1986 league of minnesota oities THE 1987 LOCAL GOVERNMENT AID FORMULA BASED ON THE LEAGUE OF MINNESOTA CITIES' PROPOSED POLICIES RS-2 AND RS-3 The proposed League policies regarding local government aid (LGA) are contained in RS-2 and RS-3. RS-2 deals with the LGA formula for 1987. RS-3 deals with the practice of deducting state agency expenses from the LGA appropriation. Complete copies of these policies have been mailed to each city. The proposed LGA formula for 1987 is basically the same as the LGA formula passed by the legislature for 1986. The only differences involve the amount of the appropriation increase and the size of the maximum increases for individual cities. The policy requests a 6 percent overall increase in total state appropriation. Because this is two percent less than the increase granted for 1986, the maximums are proportionately reduced so that they continue to have the same relationship to the overall appropriation increase. The basic formula remains unchanged: PURE FORMULA AMOUNT = FISCAL NEED - (LOCAL EFFORT MILL RATE * FISCAL CAPACITY) FISCAL NEED is the three year average of municipal levies, fiscal disparity distributions, and LGA receipts for the years 1984 to 1986. The fiscal disparity distribution applies only to cities in the metropolitan area who must participate in the fiscal disparity tax base sharing program. Since cities' 1986 levies and fiscal disparity distributions are not yet available, these figures were estimated by multiplying the cities' 1985 levies and fiscal disparities by the rate of change in the levies and fiscal disparities from 1984 to 1985. FISCAL CAPACITY is measured in terms of a city's 1985 adjusted assessed value (or AAV). The AAV is the assessor's estimate of the market value of all property divided by the sales ratio for that city as determined by the Department of Revenue. Since cities' 1985 AAV is not yet available, this figure was. estimated by multiplying cities 1984 AAV by the rate of change in AAV from 1983 to 1984. 183 university avenue east, st. paul, minnesota 55101 [612) 227-5600 LOCAL EFFORT MILL RATE is determined by first dividing the fiscal need factor by the 1985-86 population (1985 for out- state cities, 1986 for metropolitan cities). Since cities' 1985-86 population is not yet available, this fiqure was estimated by multiplying the 1984-85 population by the rate of population change from 1983-84 to 1984-85. A city's local effort mill rate is equal to that portion of its fiscal need per capita below $300 divided by 16 plus that portion of its local effort mill rate above $300 divided by 14. Under no circumstance is.a city's'local effort mill rate allowed to fall below eight mills. In addition, those cities with 1983 attached machinery aid greater than $70 per capita will have their attached machinery aid subtracted out of their fiscal need factor and added back into their pure formula amounts. This provision affects only the cities of International Falls, Franklin (St. Louis county), Marble, and Wrenshall. Finally, any city which issued general obligation bonds in 1982 to pay for costs associated with a polluted municipal water supply can increase their fiscal need factor by one-fourth, of the amount of such bonds. This provision affects only the city of New Brighton. These special provisions were included by the legislature in the 1986 formula. Since the formula cannot be fully funded with a six percent appropriation increase, each city would receive in 1987 an amount equal to their 1986 LGA plus a percentage of the gap between their 1986 LGA and their 1987 pure formula amount, subject to various maximum and minimum constraints. MAXIMUMS AND MINIMUMS Cities that received more than $150 in LGA per capita in 1986 would receive no more than a 4.5 percent increase in 1987. Cities that received less than $150 per capita in 1986 would be subject to maximum increase equal to the lesser of 9 percent over their 1986 LGA or $156.75 per capita. (The $156.75 figure is equal to $150 plus 4.5 percent.) No city would receive less LGA in 1987 than it did in 1986. In addition, as provided by the 1985 Legislature, cities of the first class (Duluth, Minneapolis, and St. Paul) are guaranteed a minimum increase of two percent. ELIMINATION OF THE STATE ADMINISTRATIVE DEDUCTION Proposed policy RS-3 recommends discontinuing the practice of deducting certain state administrative costs from the total LGA appropriation. Rather, all state government costs should go through the standard appropriation review and be funded directly by specific state appropriation. 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O._J (1: Zl-- Z ILl i.~ LUZ CO 03 r.o o~ co r,.o 03 03 W W .i.4 W I- 0 uJ z Z co ¢,j LiJ Z W I-- LI.I Z Z ~ W ~Z ~ ~ ~OZO ~~ZZ~~ZJ ~~WWW~OOOOW~Z~O ~O~W~ ~~~ZZ ~ZZ Z~ I.,IJ OJ t I-- I.iJ (_~ 0 w z ¢,J cr~ ,TU OJ cr~ .~ .~ .,.-.~ If) f-') .,..~ I1") II L"h ~ .,.-~ .,.~ OJ -..~ ~ LO II - II ('J II II C,J II -~ ,.-,~ ..T JJ ~ II II I'~ ~.~ Z ,-~ ._1 0 '~ -J Z W :~ I-- ._1 W Z CC W ~ Ln CI · 4.~ IL.) W Gl U ~ ~ I 0 > 0 ~ 0 ~ C, Troubles .beset i recycling programs. :' ~UCtl~t~11~ I ~'~¢~'n~'of the area's trash to be 'm rkRt. ..- ie ,, .,. o --o . .., recycled at the source. So it s crucial "[ailm pitons- -: :' '-t 'th,t wedo what we.ran for these.. :' ~8~ ~O1~. C~ ~ve8 .:', t troubled.programs and businesses,- which serve, more than a,q0arter of ; '-~'-~em'-t"'~-'~ts~../~ u- uu the region's popUlation.' . ".' · One big problem fecJng the · .- recycling industry [$ a fluctuating ": "'-~m~ ~r' ' '0~ so long ago:,peopl~ 'k]: market for recy¢la, ble materials. The · . r~,J recyciers contract with cities and problem with recycling? each ton of materials they pick up.' thought the biggest was getting people to ..... · separate recyclable items from thd~ trash and put them ou~ for pickup... . During the past year~ as more i- .citiesd~ave started recycling, it has ling p ms · ~: ..... ' · .:.. become clear that recyc rogra · are fraught with other, larger, prob- lems-problems that have more to do j :' ' BUt'when market prices for' with markets and management than.I recyclable items plummet-as the1? - with motivation; :-' .'-....': ~':.'..: .:.;:: ' · The consequences Of th~se market "l 'recyclers find themselves without and management probl~ms.h, ave be- come strikingly apparent. RecYcliri~ ":i Unlimited, In~., one ~>f the biggest .. and oldest recycling companies ih the ~ountry, stopped its curbside pickUp .. service in many of the areas it'serves,. including St. Paul and four other; . ' ... Ramsey County commUnitJes. (The -. company still provides pickup service . to the Highland Park area of St. Minneapolis.) counties to pay a fixed amount for: ' :" They then process the materials and sell the.m to paper mills, can 'manu-. facturing companies and other ." buyers of recycled good.s~ ' . : . ~. - · enough ~ash to .keep going u~til_the' . i.:market picks up...~::-/-. -: ."' :- : "."Small organizations like ours :can~ withstand these fluctuations in the market," said Brad Linville, executiye director of the Center for .Community Action, which runs the. 'Minneapolis Education and Recycling :~Center. "We're not in a good position 'to manage the risk. We don't have : the capital to keep operating without. :'adequate cash flow while waiting for Minneapolis' Curbside recycling. I . 'markets to improve." service, whichis provided by different i ~ ". I~Onically, th; m'ark;t prO-b'lem-" contractors in each of the city's five J , · has been exacerbated by increased recycling districts, was sporadic for ~ i recycling. "Some markets in the much of the year. Where contractors nation have been so saturated that wer& not performing adequately, cit~ crews and other recycling firms had to fill in. . So the'challenge has not been . getting the recyclable items out of · the trash and up to the ~urb. It has been getting the items picked up, ' processed and m, ar.keted. ' The Metropolitan council has recently begun to look-into the.prob- lems that underlie the crisis facing the region's recycling programs.'And it has initiated a new grants program directed at helping to solve some of the problems. "Recycling is a high priority for · · the region," said James Uttley, coordinator of the Council's solid waste abatement assistance team. "The Council has called for at least recyclers are happy to be able to leave newspaper at mills for free," said Bernie Beermann, owner of Beermann Services~ a local recycling co.mpany. "As more recy.c?rs en. ter the business,..markets don t' need to · offer gOod prices to get the. materials · -especially Where recycling.is mandatory." (It is not now manda- tory in the Twin Cities Area.) To help with the market problem, the Council has put together a report identifying regional markets for recyclable items. It expects to have . recommendations for expanding and stabilizing these markets ready this month. METRO MONITOR, January 1986 The Council ~,lso has given grants . of $2,500 each to the eight largest recycling businesses and government · units operating in the area. The ~ money will be used to h~re consult-. an~s to make preliminary assessments of each organization's management ~" Based on those assessments, the' ~ Council will give each program or ' ' business up to $25,000 to have a.. . consultant provide "hands~)n" man-. : ~gement help. Later, the Council may to implement the consultants' recommendations. ' ' 'q~here management problems" 'have worsened difficult situations .caused by p. oor markets and lack of cash, these 'management grants may help recyc, lers.get back on track,." said Uttiey. The following recycling businesses. and programs have received prelim- inary assessment grants: Beermann ServiceS; the city of St. Paul; Frank's Recycling, Salvage and Hauling; Minneapolis Education and Recycling Center; the city of MinneApolis; ' Ramsey County; Recycling Unlimit- ed, Inc.; and US. Recyco, inc..: A wide ·range of management problems will be addressed by the grants. The city of St. Paul, for . example, plan~ to ask its consultant to help clarify the respective roles of cities and counties in recycling, and to find out just how much recycling services cost and how best to finance them. The Council plans to evaluate its' management assistance grants pro- gram in June. Jo~n Steinm~nn