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HomeMy WebLinkAboutAgenda Packets - 1983/03/14CITY COUNCIL MEETING CITY OF MOUNDS VIEW March 14, 1983 7:30 p.m. A G E N D A 1. Call to Order 2. Roll Call - Blanchard, Doty, Linke, Hankner, McCarty 3. Approval of Minutes: February 28, 1983 (Regular Meeting) (received in 3-7-83 packet) 4. Residents Requests and Comments from the Floor ------------------------------------------------ CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ------------------------------------------------ 5. Approval of Consent Agenda ITEM A. Authorize TKDA to Prepare Plans and Specifications for the Installation of Potassium Permanganate Injection Systems at Water Treatment Plants 2 and 3 ITEM B. Approve Amendment to Contracts with TKDA and SERCO Labs for a Pilot Plant Study at Well No. 3 Not to Exceed $2,000 and $5,000 Respectively ITEM C. Approve Resolution No. 1577 Approving the Budget Modifications for the Three Park Shelter Buildings ITEM D. Licenses for Approval ITEM E. Approve Resolution No. 1578 Approving Just and Correct Claims Against City Funds 6. Consideration of Memorandum from John Johnson Regarding Status of New Trunk Highway 10 (information provided at March 7, 1983 Agenda Session) 7. Consideration of Staff Recommendation Regarding Hiring of Part-time Personnel for Water Department 8. Report of Director of Public Works/Community Development 9. Report of Attorney 10. Report of Councilmembers 11. Report of Administrator C. Adjournment 4t, I,_ CONSENT AGENDA March 14, 1983 The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. The entire Agenda may be adopted by the Council in one motion. The motion for adoption is non -debatable and must receive unanimous approval. By request of any individual Councilmember, any item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Authorize TKDA to Prepare Plans and Specifications for the Installation of Potassium Permanganate Injection Systems at Water Treatment Plants 2 and 3 ITEM B. Approve Amendment to Contracts with TKDA and SERCO Labs for a Pilot Plant Study at Well No. 3 Not to Exceed $2,000 and $5,000 Respectively ITEM C. Adopt Resolution No. 1577 - Approving the Budget Modifications for the Three Park Shelter Buildings ITEM D. Licenses for Approval General Contractor - Expire 6/30/83 Johnson's Remodeling - New Garbage Haulers - Expire 3/31/82 Richie's Rubbish, Inc. - Renewal Woodlake Sanitary Service, Inc. - Renewal Ace Solid Waste Management, Inc. - Renewal Walter's Disposal - Renewal ITEM E. Adopt Resolution No. 1578 - Approving Just and Correct Claims Against City Funds ,K�Iy TOLTZ. KING DUVALL. ANDERSON i/A AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 250D AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA $5101 612/2024400 f March 10, 1983 John C. Johnson, Director Public Works/Community Development City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 RE: Water Treatment System Analysis TKDA Commission No. 7848-01 Dear Mr. Johnson: Submitted herewith is Contract Amendment No. 2 to the Original Agreement and a new Contract Agreement to provide engineering services for design and construction of potassium permanganate feed systems for Treatment Plants No. 2 and 3. The Contract Amendment to the original Agreement expands the scope to in- clude pilot testing at Treatment Plant No. 1 for Well No. 3. The engineering fee is increased by $2,000 to a total of $7,500. The period of completion has been extended to December, 1983. Upon receipt of a signed Amendment, TKDA is prepared to proceed, dependent on conditions at Treatment Plant No. 1. TKDA could proceed at any time after the aerators are replaced and water demand will not interfere with testing. The new Contract Agreement is to provide complete design preparation and construction inspection for potassium permanganate feed systems for Treatment Plants No. 2 and 3. TKDA will proceed immediately with the design phase upon receipt of the signed Agreement. Plans and specifications would be ready for the City's approval within three weeks of receipt of the signed Agreement. Please sign both copies of Amendment No. 2 and the and return one copy to TKDA. If you have any questions cation, please feel free to contact me at 292-4501. Sincerely yours, TOLTZ, KING, DUVA AND ASSOCIATES, I PJL/djb CC: Mounds View City Council J.T. Kirk Engineering Agreement or need more clarifi- ANDERSON AMENDMENT NO. 2 to the ARCHITECT/ENGINEER AGREEMENT Dated August 21, 1982 Between CITY OF MOUNDS VIEW, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED for WATER SYSTEM INVESTIGATION This Amendment agreed to on March 14, 1983, expands the scope of the original contract and revises the payment to TKDA for services to reflect the expanded scope. The period of service is also revised to allow completion of the expanded scope. The contract changes are detailed hereinafter ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE. Replace Exhibit A of the Agreement with the attached. ARTICLE 2. PERIOD OF SERVICE Replace the Agreement article with the following: TKDA agrees that work under this Agreement will begin within 5 days after receipt of Authorization to Proceed. The term of the Agreement for the performance of services hereunder shall be through December, 1983. In this regard, it is agreed that the "not to ecxeed" payment figure set forth in Article 3 herein has been established in anticipation of an orderly and continuous progress of the Project. ARTICLE 3. COMPENSATION TO TKDA Replace paragraph D of the Agreement article with the following: D. Payment to TKDA for services set forth in EXHIBIT A of this Agreement, computed in accordance with 3A, B, and C above, shall not exceed $7,500.00 unless formally changed by Supplemental Agreement for extra work or changed conditions. Additionally, in the event that services are provided by TKDA beyond the contract completion date as a result of circumstances -1- -2. beyond the control of TKDA, the "Not to exceed" payment figure shall be subject to an upward adjustment estabilshed by Supplemental Agreement pursuant to the provisions of Article 4. ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS CONTRACT No Change. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION No Change. ARTICLE 6. DISPOSITION OF PLANS, REPORTS, AND OTHER DATA No Change. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the day and year first above written. CITY OF MOUNDS VIEW, MINNESOTA BY Mayor BY TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED BY Vice President BY President ' EXHIBIT A WATER, SYSTEM INVESTIGATION FOR THE CITY OF MOUNDS VIEW, MINNESOTA To assist the City of Mounds View to solve its high iron and manganese concentration problems, we propose to conduct an engineering investigation which will include the following tasks; 1. Arrange for the determination of the iron and manganese levels at the treatment plant locations, before and after treatment, and at various locations in the distribution system (as reflected by customer complaints) over a period of 30-45 days. Water quality sampling and analysis will be conducted by an independent laboratory, with the cost of same to be billed to the OWNER. 2. Analyze the removal data and compare these to the rated effectiveness of the treatment facilities at the throughput rates utilized. 3. Analyze treatment plant operations to determine if iron and manganese carrover can be reduced by plant operation changes or process modifica- tions. 4. Consider alternative methods of iron and manganese reduction and/or sequestering as a temporary, or permanent, solution. 5. Analyze, on an overview basis, the configuration of the distribution system as it affects the concentration of residual iron or mannanese in various portions of the City. 6. Present the findings of the investigation, together with cost data, for discussion and consideration. 7. Prepare and present a final report and recommendations. 8. Direct pilot plant testing program at Treatment Plant Nos. 2 and 3 to investigate manganese removal with potassium permanganate and analyze results. 9. Prepare summary report of pilot plant testing program and present recommendations for full-scale treatment plant alterations for manganese reduction at Treatment Plant Nos. 2 and 3. 10. Direct pilot plant testing program at Treatment Plant No. 1 to investigate manganese removal with potassium permanganate and analyze results. 11. Prepare summary report of pilot plant testing program and present recommenda- tions for full-scale treatment plant alterations for manganese reduction at Treatment Plant No. 1. r ,AnIITECT/EN Between eER AGREEMENT CITY OF MOUNDS VIEW, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED f or ENGINEERING SERVICES TO PROVIDE POTASSIUM PERMANGANATE FEED EQUIPMENT FOR WATER TREATMENT PLANTS NO. 2 AND 3 THIS AGREEMENT made and entered Into this 14th day of March, 1983, by and between THE CITY OF MOUNDS VIEW, MINNESOTA, hereinafter referred to as the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 2500 American National Bank Bullding, St. Paul, Minnesota 55101, hereinafter referred to as TKDA. ' WITNESSETH: That the OWNER and TKDA, for the consideration hereinafter named, agree as follows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE. The OWNER agrees to and hereby does retain and employ TKDA and TKDA agrees to perform Architectural, Engineering and/or Planning Services fur the project, entitled: Engineering Services to Provide Potassium Permanganate Feed Equipment for Water Treatment Plants No. 2 and 3, hereinafter referred to as the Project. The Project and those services to be performed hereunder are more particularly described in attached EXHIBIT A, a part hereof. ARTICLE 2. PERIOD OF SERVICE TKDA agrees that work under this Agreement will begin within 5 days after receipt of Authorization to Proceed. The term of the Agreement for the performance of services hereunder shall be 6 months following the date of Authorization to Proceed. In this regard, it is agreed that the "not to exceed" payment figure set forth In Article 3 herein has been established In anticipation of an orderly and continuous progress of the Project for 6 consecutive months through completion of the Construction Phase, Including record drawings. ARTICLE 3. COMPENSATION TO TKDA A. Payment to TKDA for services described in EXHIBIT A of this Agreement shall be on the hourly rate basis for the hours actually spent thereon for the persons In the following classifications at the following ranges In hourly rates. These rates include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. 1983 Range of Iassiflcatlon Orly Bllling Rates Senior Engineer and/or Architect $42.00 to $62.00 Registered Engineer, Architect or $33.00 to $45.00 Land Surveyor Graduate Engineer, Architect or Planner $21.00 to $41.00 Senior Technician, Designer or Drafter $28.00 to $45.00 Technician or Drafter $11.00 to $29.00 Periodic revisions to the above rates shall be submitted by TKDA to OWNER for acknowledgement. B. In addition to the foregoing, TKDA shall be reimbursed at cost for the following Direct Expenses when Incurred In the performance of the work: Travcl and. subs;stcnce. 2. Computer services. 3. Outside professional and technical services. 4. Identifiable reproduction costs. C. The OWNER shall make monthly payments to TKDA within 30 days of date of Invoice based on computations made In accordance with the above charges for services provided and expenses Incurred to date, accompanied by supporting evidence as required. All accounts unpaid after 30 days from the date of original Invoice shall be subject to a service charge of 1% Per month. -2- D. Payment to TKDA for services set forth In EXHIBIT A of this Agreement, computed In accordance with 3A, B and C above, shall not exceed $10,000 for Phase I and $1,400 for Phase II (E11,400 total) unless formally changed by Supplemental Agreement for extra work or changed conditions. Additionally, In the event that services are provided by TKDA beyond the contract completion date as a result of circumstances beyond the control of TKDA, the "not to exceed" payment figure shall be subject to an upward adjustment established by Supplemental agreement pursuant to the provisions of Article 4. ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS CONTRACT If TKDA is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, they shall promptly notify the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered Into by both parties prior to proceeding with any extra work or related expenditures. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN A4D TERMINATION ' Either Party has the right to terminate this Agreement upon seven days written notice. In addition; the OWNER may at any time, reduce the scope of this Agreement. Such reduction In scope shall be set forth in a written notice from the OWNER to TKDA. In the event of unresolved dispute over change In scope or changed conditions, this agreement may also be terminated. In the event of termination, all documents finished or unfinished, prepared by TKDA under this Agreement shall be made available by TKDA to the OWNER pursuant to Article 6, and there shall be no further obligation of the OWNER to TKDA under this Agreement, except for payment of amounts due and owing for work performed and expenses Incurred to the date and Time of termination, computed in accordance with Ariii,i,B 7d. In the event of a reduction In scope of the Project work, TKDA shall be paid for the work performed and expenses Incurred on the project work thus reduced or on any completed and abandoned work, computed In accordance with Article 3. Any reduction In the "not to exceed" payment figure shall be established by a Supplemental Agreement entered Into by both parties. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work, TKDA shall make available to the OWNER, all maps, tracings, reports, resource f materials and other documents pertaining to the work or to the Project. All such documents are not Intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or any other project. -3- Any reuse without written verification or adapt ion by TKDA for the specific purpose Intended will be at OWNER'S sole risk and without liability or legal exposure to TKDA. ARTICLE 7. DOCUMENTS FORMING THE CONTRACT The contract documents shall be deemed to Include this Agreement with all accompanying exhibits a part hereof. ARTICLE B. OWNER'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the OWNER shall supply, in proper time and sequence, 9 at no expense to TKDA. 1. Provide all necessary information regarding Its re- quir&nor is as necessary for orderly progress of the work. 2. Designate In writing, a person to act as OWNER'S re- presentative with respect to the services to be ren- dered under this Agreement. Such person shall have authority to transmit Instructions, receive Instruc- tions, receive information, interpret and define nwucoic ,,,.i t.ta� vt+h racnart to TKnA'c eerY!COa. 3. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise In EXHIBIT A), data prepared by or services of others, including without limitation, laboratory tests and inspections of samples, materials and equipment; and other special data not covered In EXHIBIT A. 4. Provide access to, and make all provisions for TKDA to enter upon publicly owned nroncrty as oquirea to perform the work. 5. Act as liaison with other agencies to carry out necessary coordination and negotiations. 6. Examine all reports, sketches, drawings, specifica- tions and other documents prepared and presented by TKDA, obtain advice of an attorney, Insurance counselor or others as OWNER deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever OWNER observes or otherwise becomes aware of any development that affects the scope of timing of -4- TKOArs services or any defect in the work of Construction Contractor(s) or TKDA. 8. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 9. Provide other services, materials, or data as may be set forth In EXHIBIT A. B. TKDA shall be entitled to rely on the accuracy and completeness of information furnished by the OWNER. If TKDA finds that any Information furnished by the OWNER is In error or Is Inadequate for Its purpose, TKDA shall promptly notify the OWNER. ARTICLE 9. OPINIONS OF CONSTRUCTION COST Since TKDA has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices or over competitive bidding or market conditions, their opinions of Probable Construction Cost provided for in EXHIBIT A, a part hereof, are to be made on the basis of their experience and qualifications and represents their best judgment as an exp^U !zn.cad and ua1;(;6U rufessiuna; architect or engineer familiar with r.,� 4 Y the construction Industry; but TKDA cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of probable cost prepared by TKDA. TKDA shall not give an opinion as to other probable costs relating to the Project such as land, rights -of -way, permits, legal, accounting, Interest or financing charges. ARTICLE 10. ASSIGN14ENT This AgroCmcnt, being service of the individuals employed by hereunder, shall not be assigned, sublet consent of the OWNER. -5- intended fo secure the persuiial and through whcm TKDA performs work or transferred without the written f C IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE CITY OF MOUNDS VIEW, MINNESOTA By ATTACHMENT - EXHIBIT A TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By -6- CI 4 ENGINEERING SERVICES FOR POTASSIUM PERMANGANATE FEED EQUIPMENT ADDITION TO WATER TREATMENT PLANTS NO. 2 AND 3 TKDA proposes to provide the following engineering services for the design, specification and construction of potassium permanganate feed equipment to reduce the manganese concentrations at Water Treatment Plants No. 2 and 3. The tasks are segregated into two phases; Phase I Is for design, specification and post construction services, Phase II is for construction Inspection services. Phase I 1. Prepare engineering specifications for potassium permanganate feed system equipment and appurtenances. 2. Prepare detailed design drawings. 3. Provide assistance in obtaining bids, prepare bid tabulation, evaluate bids, and recommend awarding of contracts. 4. Prepare operation and maintenance manual for chemical handling, potassium permanganate feed equipment and filter operations. 5. Provide start-up services. Phase II 1. Review and approve shop drawings, operating and maintenance Instructions, schedules, guarantees, bonds and certificates of Inspection as required. 2. Provide Inspection to determine that work is completed in accordance with the plans and specifications. Inspection will consist of two (2) site visits; one during construction, and a second after completion to finalize and approve construction. 3. Provide City with record drawings, shop drawing and equipment operations and maintenance manuals. A-1 j .. MEMO TO: Mounds View City Council FROM: Bruce K. Anderson, Did c or Parks, Recreation a Foe r ' DATE: March 9, 1983 RE: Recap of winter warming house buildings As you are aware, the Mounds View City Council directed staff to purchase three porLablc classroom buildings from the Elk River School District to be used as park shelter buildings at Groveland, Woodcrest and Hillview neighborhood parks. The City Council initially allocated $24,000 to complete the project; $15,000 of which was to be used for the actual purchase of the buildings and the remaining $9,000 to be used for modifications and foundations for each of the buildings. Staff indicated at a City Council meeting in January that the budgeted amount of $24,000 would be exceeded due to additional electrical costs that were not projected due to the electric furnaces needing additional modification because of the three phase motors and also additional amperage being required at each building to power the new furnace and light system within the new buildings. Staff has included a sub -ledger report that outlines all of the specific costs associated with the warming house program. The expenses can basically be broken down into four categories: 1. The first contract with Stenco Construction for a total of $6,750.00 which included the footings, reroofing of the building,, door replacements, and other associated carpentry work sucn as replacement of sills, studding in of walls, etc. 2. The second expenditure would be for fill sand totalling $305.20 which was used at all three locations for not only mixing the mortar but also some backfill sand was required at Groveland Park around the footings. 3. The third expenditure was for Smith Lumber whibh totalled $1,984.39 for materials necessary to build the three buildings including blocks, shingles, tar paper, two new doors, 2 x 4's for interior stud walls and wafer board. 4. The fourth expenditure would be the contractor Ernst Machinery for $15,000.00 for the three buildings. Total expenditures for the warming house buildings were $29,329.43 which would be a cost overrun of $5,329.43. Staff had initially projected an overrun of $4,000.00 for the project based on initial electrical estimates. The additional increase of $1,400.00 is attributable to Groveland Park as we were unable to run from the pole next to the building and had to add approximately 20 feet in wire and trenching costs to the building. - 2 - The additional $5,329.43 has also been projected to be assessed �- to the Recreation AcLiviLy Fund to be paid back during the next few years with the initial money funded out of the interest from the M.S.A. street monies from the Silver Lake Woods projects. Staff has included a resolution that outlines the cost overrun as well as the projected funds from which the money should be assessed. Should you have any questions regarding the current status of the park shelter building account, feel free to con- tact staff directly at extension #41. BKA/sll Attachment M RESOLUTION NO. 1577 ^ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE BUDGET MODIFICATIONS FOR THE THREE PARK SHELTER BUILDINGS WHEREAS, the Mounds View City Council authorized the purchase and installation of three park shelter buildings on September 20, 1982 at a purchase price not to exceed $24,000; and WHEREAS, the funds were projected to come from the special capital projects fund; and WHEREAS, the recreation activities fund was proposed to repay this special capital projects fund through excess balances in future years; and WHEREAS, the expenditures exceeded the initially pro- jected $24,000 by $5,329.43 due to unprojected electrical expenses; and (/� WHEREAS, the dollars have already been allocated as authorized informally by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby authorize staff to exceed its initially projected $24,000 for the construction of the three park shelter buildings by $5,329.43 with the monies to be allocated from the special capital projects fund to be repaid through the recreation activity fund in future years. Adopted this 14th of March, 1983. ATTEST: Mayor (SEAL) Clerk -A ministrator U I' GOPHER ELECTRIC CONTRACTORS, IN • "- couYPCIAL • rlDuaTn uL • RESIDENT" 1106 COON RAPIDS BOULEVARD MINNEAPOLIS. MINNESOTA• 55435 Phone 755.1930 14 v+ NAME TYy .vs ADDRESS _2401 1 Eun a•o .:. •(w^ AC OUAN. •aVO a+P DATE IT,- derson _ O E5C p I P T ION INVOICE A 3017, DATE i1-12-81 JOB ADDRESS :o�•. n to 14.50 Groveland - ServJce (,;serial 891.98 — '-- ieboz 1,- 7 9 8illview Park - Sarvice Per-mit8_50 _.___—•---- 1?aterial 267.79 Labor 756.49 1400acrest Park- Service Permit 14.50 hateri_a: 949.99 Labor,. L: ba:, jh'oodcrest - Pole lites, repair anSlieplace i•S,0 nano_ 8illvielo - Pole lites e to warming.hse. M�'• Greenfield - Move fixtures, temp. _ J - ' :,abor Crovel - Pole lites Labor 9 Platerial 196.73 _ .,.-,,.ea rharmostat o Breaker. DATE a. i- 12-30-82 NIT PpICE I,724 22 Sk 25 I10 OL 65 75 282 4( 231 7. 31.10 12-I6� Groveta."a - RELa or oD-_v 95 12 21 82 Slc Groveland ' heating control transformer. Ma 18.00 DR 9 La or E5 YOU MAY REMIT FROM THIS INVOICE TOTAL $6,453 80 STATEMENT SENT ON REQUEST 7 ne dnroW+:sWv..^.on:-.ssta elneel is OnYnDIN �E11M u0 Da the fa'^e nI�C,D+t �aaann,ilDlateo 1B�IIIE �` C. W :N W .0 Q a i N o o Iv it N •4 U z H O z .w Y 0 YI a u L J 0 uL W } g J LL Y C a a u U oo u O UUUODUUUU 0a0e15 OowM D NNhNm moo JIO.D NN 4? Z • •' • '• • r • • • • r 1 • • • r .I .I omolltWhwMM WhhwwwNw.IN N J aW w IT U10 ISM 1-'•10N JO S.•.r .a O W.IM ,Ti P .•.�NJJJJJWwhh 0+N 111hnO.{ .1 .� N NIT. 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J Ir ~ J Q J ~ J H O IL a i r ♦ W H Y Ow 1 • y q W y r Q W r q K a y r W � U y U ~ J o D4 7 O Ex YI iv yl • W W Vl y F 2 �1, Q Z Z Q a 0 H H a IL LiO W r -ii J O r H � � r umnl m r U m w x ao a a Q u 0 0 Jo J J W W W W uj CZ W o W W O Co O O O ♦ (Y �• z zl. z z z p 'O ? rOi IU,I M V) y y p( ON O O I w I- J 2 }o 6 > } H V)o y y J J J Y U H N H K ,a i- NN N U 00 p U hh I, Q !! I. p IV IV O IL N IV IV No e7 1 • r� �I Itl?, QIRYTON 110. 1578 `�=tr'- C CITY OF MnIINr1, V3P11 COUNTY OF HAM;I':Y STATE' Ole MlHHESO'I'A APPROVING JII(f AND CORRECT CLAIM AGAINST CITY FUN14 MIERRAS, the City Council of Mnund:: View, pursuant to Minnesota ShiMes 412.. 43, has hill nuillovity over the flnnncial affairs of the City and; WHEREAS, Till- City Cuum:il ha:: rl viownd the claims numbers: 10895_ through 10953 in Q amount of 41,842.18 _17982._ tlu'ough _17998 .� in the amnnnt or s 84,542.19 --17999_..- 0"I'll :h _ 9004in Lin• mmrinnl. ,lf $ 437.80 -- I.hr,iq;h ill Will aunumt TOTAL MOUNT OF f IR! MIHSRN'I'I?D :p and his found said claims to be ,Just and cnrrect; (li::t of any exception) 126,822.17 NOW THEIIEFORL, be it resolved that the City Council of ldounds View hereby approved the attached lists of claims dated by the vote ayes nayes ATTEST: Mnyor (SEAL) Clerk -Administrator CHECK 17999 18000 18001 18002 18003 18004 C ADDITIONAL EXPENDITURES AMOUNT CLAIMANT PURPOSE $ 57.00 North Henn. Comm. Col. training 15.00 Liam Harper grants & subsidies 5.00 American Red Cross conferences 30.00 Duane McCarty refund 5.80 L. M. Nicol MFG supplies 325.00 Troop N400 postage $ 37 80 Y C?TY OF MCJ'.r Vi .R i. i' L CHFCF:' A H 0 U T C L A t 117962 309114. 93 FTFST STATE DANK Cf C' l IT TIME �• '• C179R3 2,341.79 '•TATi TRfA; - t a A PENSICN. 017984 2,153.35 STATE TREA-UREa PCNSIONS o17985 175,90 AFTCN ALFS SKI AR A SUPFLIES,CFr • 017986 50..10 L PC':IMACTC+' PCSIACE 017989 796.49 C04 CCCWFr !Tl LCNT. SYC1'., 'i C',CH !f 017990 49.65 THOMAS L CHAFFEE T-AI'111G :TI' G !I 917991 11.95 St�JT7 MANIIFAfTUPTNC CO `.LPPL:FS,CF:' — .! 017992 50.60 GEORGE OFMARAIS GCMIN. iHAPC:YA?LE Ii •'. - 017993 14,wat CIIrSON COI!FT;,UCTICY. �'PAI=`:, L IIL 1T 1 , 117994 299671.15 FPtST STATE 3 CF SALARIES, FEG- t. ANO-GVE6TJNF, I: •;t:LAR z,r •i.-.- AMii-sALAI?IEs.stP=+FART. TIME ;;A ,r 71799 3,u2_.27 GEOUF HFALT4 PLAN IHC SALARIES, FEC•.Lir 4�+r / I t 7 96 25D.78 FFUDENTIAL INS CO GFOUP It;iLPA' . AND-INSUP.ANCJ' ',.NOS p+' d17997 ? 3 1 28 ICNA GETIRFIIF14T CORP PENSIONS �$e r ,;r 017go8 -3 0 MINNESCTA u F C A CCNFSRENCES I, ±5 84,54�..19 NECESSAFY EXFENDI NRES SINCE LAST COUNCIL HEFTING �io O•' CITY OF MCULC'° Virw I. C 1_C-t f, 1 —P A'r L L F •I:I CHFCYa A 11 0 U O1 0 A95 � 40, ? 0 Ar,CUEPSE 'Y°' T� N ; INC. nt.';N9E I r1^Y,97 D1009A " 010899 I� C18900 01U901 u1C902 i -_-- 010923 11C904 ' OLO905 010906 010907 oil 111i90A ®'`II, Ot0909 Ia•i 010910 III �3:; ^L9911 ^; 010912 OSO913 O109t4 _ 010915 01991E CUTE f'{-1E-2 Fff' i pp• F• U '+ F C S n SUPFLTES,OFERATINU ; ANO-PR INT7NGw +FU6L'GHING .. q,ta Ar;FICAN LINE?! SOFFLr •:.0 CLfANIh(-TC,r'11S 4 r.GF 3C.00 is'UGC M.GFW. H p;:: CEHiC � t• 126, 1a AOLAZYtE r'10W I S=TLLLIIE 20.0C AUTOTQAAC SLPFLIES,CFic'ATING li 3.51 9GCON ELECTRIC kLP., F.LUCS h GFCUNOS 14,00 OONALO ORAGER CCNFELEhCTS 348.50 COFHI< ELECT=TC SUPPLIES, 8LOGS4G'hCS 31.43 IHPSFSS UPPLT£S,CPFP,ATING 1,48`..'9 JCPh C JCPh•SV! CTHER FFCFESSIO M SF,RV 'H ANC —AL —MIN. CHAP.GES PAYABLE 9.26 L I L L J E SL_L'' '; Liss LEGAL NCTIC!S 10.00 P A P F a kT^t[E„ShifS ,.T 75.51 NELS VGN-CI-LITE -.LPFLIES, ELOCS+CWNOS '+ 19.CC N£TP.O FOND f,;;h'+. _ CCNNUKICAIBt. S-IELEPHCNE_ _ 2% 562.77 FETRO HASTE cotr;4CL CCNN HETRC WASTE CCNT COMM 119.25 1iICWFST ASPHLLT UCFP SUFFLIE5, STRFCIS 734.1.3 N B 'ELL TFL CC CCNNUNICGTICNS-7CLEPHCNE I 66.96 hOPTHERN STATUS FCWCP CC ELECTRICITY h • 100.00 (OFIALC F PAW Y -------.._.- -- N,TLEAGE -` 93.60 PT PSI COLD '10T1LTNG CO R_r_f U N 0 _' rl 47.25 CITY Cf HOUNI;S VIEW MIS[ MICE SYFFLIES ANC-P_OSTACC _ .- -- A1i0-SUfFlIES,OPERATING Aha-PRIhTIf;( ANO-SUFFLIES, VEHICLE 29,60 RGPIT PRINTTNC PRINTING ;i • L l' I ;:0 y CITY OF WUV, vIrH CHECK• +� 010917 ' 010918 019919 I�_ O';, I; 010920 'i 01092 t 010922 A v C U' T 150.17 43.f1 011923 E9.35 010924 010925 010926 _ _— 010927 ui6y[tl 010929 110930 010932 01�933 jNj G1�935 'I, 9ie937 li] Gt0938 t.. c � 1' - - C L A I " . T �FEG2S-AL C': • SEFVIC :I! UNta P%Mr'LA � RG;T. S + T OFFICE P'MUCTS CITY CF SHOREVIEd SHORTH ELLIOTT ANC SMITH LUMPER. CO 16.78 S`IYOCRS CPUG STOOLS 96.0P 1SE CCMPUTFR SERVICE 102.00 UD ITOG RENTALS SYSTEM It; r E SCFFLICSrtfERATING ;�� (.M, SViS„ LELIVERY 3 _4tLA51I S,1CPP,PAPT TIME RISC OFFICE ;UPFLIF., RINIAL, ICUIPPE.NT Iy • " OTHER FRCFES::10N L SEAV SLIP PLIES,CPERATIN(I ANU-FESIIVITIES CChVISSICI SLFPLIEStCiJt F.AI 1RG i. OTHER PRCFESSIONAL SERV t' i� _ UN{FCPHS 4 CLCThTNG •' --, Ah0-CLEANIkC•IOMELS }RAGS r 6f,09 HBLTER; CISPO`.'AL SF.F'yiCE REFUSEf,CLLCCTICN 29563.?1 CITY OF 'NHITC PFAP LARF SALARIES, P"'LAFF 0 ' ANU-PENSTCNS .� _-----ANO-F.I.C.A. 00-f,''OLP INSI'PApt:f. 4140-NORREPS WIFENSATION 5,00 JAN OUFOSE PROCRAH IKSTRUC10i;S — } 48.00 CAUIC A JGhtISOk- =i M 37.50 HILLIAM PAHN PROGRAM INSTEUCICFS ^� 4.00 yFNESSA FITEsSCA: PROGRAh INSli<UC1ChS • 4.170 Pf•TRIC.IG i.'ATSOIt PROGRAM IhS1i+UClt1'�S ;; 62.C^ ALCOHOL COUNTERMEASURE SUPFLIES,CFERATING • -- — — "8a.v0 AEf<Ot±Ii, CY'fiAk1CS F�GG�AH IPST4UC1i�5 " 942.48 1eU& CTH_F. F„LFESalUA1 $Er?V .._._ • 12.00 NANCY FETERSCI r•FOGs'uM TtS14UC1C;S i� 6f,09 HBLTER; CISPO`.'AL SF.F'yiCE REFUSEf,CLLCCTICN 29563.?1 CITY OF 'NHITC PFAP LARF SALARIES, P"'LAFF 0 ' ANU-PENSTCNS .� _-----ANO-F.I.C.A. 00-f,''OLP INSI'PApt:f. 4140-NORREPS WIFENSATION 5,00 JAN OUFOSE PROCRAH IKSTRUC10i;S — } 48.00 CAUIC A JGhtISOk- =i M 37.50 HILLIAM PAHN PROGRAM INSTEUCICFS ^� 4.00 yFNESSA FITEsSCA: PROGRAh INSli<UC1ChS • 4.170 Pf•TRIC.IG i.'ATSOIt PROGRAM IhS1i+UClt1'�S ;; 62.C^ ALCOHOL COUNTERMEASURE SUPFLIES,CFERATING • -- — — "8a.v0 AEf<Ot±Ii, CY'fiAk1CS F�GG�AH IPST4UC1i�5 " 942.48 1eU& CTH_F. F„LFESalUA1 $Er?V .._._ • 12.00 NANCY FETERSCI r•FOGs'uM TtS14UC1C;S i� y' CITY `1F VDU'.' yliH A( r e L A t S P A r A is L c •'ll CHf A V M U '+ T C! 1! T alnysa �i I� 01D941 ,� 010942 01,9a? 0V] 44 �'I: OSr945 rTe; O1r94E C6; OS0a47 ,_ 1,,019948 r v��01394P �u 010950 z, I1 .g "951 -01J952 r I°! K' "tOt4L Of tt_d 1Y, : 16' !f' L; 1-1.45 r.IfK F'.Ff6TC 17f.rr CATI SPIFit 1 GC,TICn PL,:`.T:., :,:,Li: "L&QUVS ELLS IriC 37i.., GiSIGN SPACE BIT 100.00 rECFGC 100'1PGIS E.50 JIN Ab(STPOM 1`..C'' [UiEGAATLiPAL fChF!atKfF. 535.11"4 PUI,ITE.Ch IliX 85.00 RCANORC 22,00 °LANCHL APrnIi 40.00 L 0U GESS 35.00 GOIINO SHAH 164.07 HILLIAP U N,ACCILL ANC CO 19080.48 PARKINS CHEMICAL INC 41,842.18 CHECKS HPITTEh' 74 :NECKS TOM 12E,384.37 Pll`i�Le Fr<oceaP Ir•�I•�GtO: S FIIPilNC _-_ hEFlrcC — RFNIAL, F: U10liFhI & F. F C h C F E. FUN u "OOST I PERIODICALS SLPFLIU, LTILITTFS SUPPLIES,CFE31TIr,G a FFUr..� REFLNOS DEPCSITc_ @UILVIN'G US4GE- 3 SLPFLIF.S,CPERAT 1NG SUFFLIES,CPERATING �(�jl'iLiL 1 MEMO TO: Mayor and City Council FROM: Director of Public Works/Community Development DATE: March 9, 1983 SUBJECT: AUTHORIZATION TO HIRE PART-TIME PERSONNEL FOR WATER DEPARTMENT Staff is requesting authorization from you to hire Mr. John Grahm to work in the Water Department on a part-time basis. Mr. Grahm was employed with the City of Mounds View last year and performed satisfactorily. He has agreed to work at a rate of $5.00 per hour starting April 18, 1983 through the first week of September, 1983. Staff would also like to seek a part-time person for the Sewer Department commencing on or about June 13, 1983 through the end of October, 1983. Both positions are in the 1983 Budget at a rate of $5.00 per hour. Staff would like authorization to proceed to hire Mr. John Grahm and also to seek a part-time person for the Sewer Depart- ment. JCJ/bc 00 CITY OF MOUNDS VIEW CITY COUNCIL AGENDA SESSION March 21, 1983 7:00 p.m. 1. Joint meeting with Planning Commission regarding Tony Poppelaars development proposal and wetland alteration permit. 2. Discussion of Edgewood Square Development Agreement with Bob Eigenheer (this item will be removed if Mr. Eigenheer does not provide his written comments for staff review and comment by Monday). 3. Consideration of staff memorandum regarding proposed Hazardous Waste Processing Area in the City of Fridley and Resolution No. 1576 Opposing the Identification of Fridley Site A as a Hazardous Waste Processing Area. 4. Consideration of staff report regarding the Ramsey County Gravel Tax Ordinance and Distribution Formula. 5. Consideration of staff report regarding carnival licence for O'Neil United Shows. 6. Follow-up discussion to March 19th Work Session on 1983 Water and Sewer Systems Maintenance and Capital Improvement Program. a. MEMO TO: Mayor and City Council 9 Planning Comidssion FROM: Director of Public Works/Community Development DATE: March 17, 1983 SUBJECT: TONY POPPELAARS DEVELOPMENT PROPOSAL AND WETLAND ALTERATION PERMIT Attached are copies of staff report to Planning Commission and site plan regarding the Poppelaars proposal. The Planning commission met with Mr. Poppelaars on March 16, 1983 to review development proposal. Many issues were raised as to the application of Chapter 48 of the Wetlands Zoning Ordinance. The following items should be discussed at the joint meeting with the City Council and Punning Commission on March 21, 1983. 1) Should application be reviewed under a "conservation" or "liberal" interpretation of the ordinance? 2) What are appropriate uses that will be considered within the buffer area or "altered" wetland area? a3) What criteria should be used to determine the degree of intensification or intrusion to be permitted within the wetland or buffer area? 4) Generally, at what point will alteration of the wetland and buffer areas become a substantial or significant adverse impact? Specific data for wetland in question will be handed out Monday evening. If you have any questions, please contact me. JCJ/bc Attachments CASE: 125-83, Item G on 4/6/83 Planning Commission Agenda ITEM: Development Proposal (10 Unit Multiple Dwelling) Wetlands Alteration Permit APPLICANT: Tony Poppelaars LOCATION: 7662/7GG4 Woodlawn Drive SUMMARY OF REQUEST Applicant requests to construct a 10 unit building on Lots 1 and 2, Block 2 of Park Vicw Turrace Addition. The applicant also requests a wetland alteration permit which is required for this development. PLANNING; CONSIDERATiONs Zoning and Comprehensive Plan: 1) Existing zoning on the property is R-3, General Residence, based on the previous zoning language. All existing R-3 residential zones lie in areas of High Density Residential use. The Planning Commission is presently undertaking the revision of the zoning map to bring it into conformance with existing Zoning Code langu- age. The lots in question lie in an area of High Density Residen- tial Use and the proposed use would meet Zoning Code requirements. 2) The Comprehensive Plan denotes the area as High Density Residential. The proposed development would be classified as High Density Residential. Parking/Driveway Area: 1) Code requires 1� free spaces per unit and at least one garage space per unit. Plans show 11 garages (10 required) and 14 free spaces (15 required). One garage could be replaced with a free space and the number of spaces would meet Code requirements. Plans also show 9 foot by 20 foot spaces. Present Code requires A by 20 foot spaces. The new Zoning Code is recommending 9 by 20 foot spaces. Fifteen 9' foot spaces can be placed on the site and still remain 5 feet from the front property line. 2) Driveway area is adequate for vehicular maneuverability. ideally space should be left at the western edge of the parking area for cars in free space #14 or in garage #11 to back into. Space, although, is limited. Utility services: 1) Both water and sewer service is available on woodlawn Drive. Wetlands Alteration Permit and Drainage: 1) The development as proposed encroaches upon both the wetland zoning district (including the wetland itself and 100 foot buffer area) and the floodplain area. 2) The applicant• is proposing to fill a portion of both the wetland and floodplain, as delineated on the wetland zoning district and CASE 125-83 Page 2 floodplain zoning maps. The application as proposed requires the alteration of a wetland. In addition, 100 percent of the 100 foot buffer area is proposed to be altered. Exhibits A and B show the location of the proposed buildings as they relate to the wetland, buffer area, and floodplain. Note that• the buildings lie entirely within the wetland buffer area. The driveway and parking area does encroach upon the wetland itself. The main dwelling building and parking area encroach upon the floodplain area. 3) The Dwelling building has proposed setbacks of 20 feet from the: front property line and 10 feet from the side property line. Code requires a 30 foot front yard setback and 20 foot side ylsd setback. Section 48.08 of the Wetlands Zoning Ordinance pro- vides for development density intensification by providing credits for the undevelopable portion of wetlands. This allows the possibility that setbacks may be decreased to facilitate preservation of the wetland area and also allow development to occur on developable portions of properties. 4) The applicant is proposing to provide some of his stormwater storage on the parking lot. The wetland area itself is intended to be used as the stormwater storage area for the remainder of the water to be stored for the proposed development. According to Attorney Meyers, wetlands can be used to detain water provided silt, debris and pollutants are skimmed off prior to the water entering the wetland. Most, but not all of the stormwater leaving / the site will pass through the proposed skimmer. Stormwater gener- ated behind the garages and in the area west of the parking lot will be directed to the wetland without passing through the skimmer/runoff detainer. 5) Also according to Attorney Meyers, the Wetland Ordinance does not prohibit development in wetlands. The Ordinance states that a wetland alteration permit must be obtained prior to any filling, excavation, hardcover, structure, etc. taking place on the property. If the proposed developments meets the standards as stated in the Ordinance, development of wetlands may be allowed to occur. 6) Exhibit C shows the placement of a typical 1,000 square foot single family home on the wetland map. Even with the minimum type of development (a single family home), encroachment into the wetland buffer area is still required. In other words, the wetland buffer area covers such a large percentage of the property, that any type of development would encroach upon the buffer area. Open Space Requirements: 1) With the adjusting of the parking area to meet the 9� foot space requirement, and using all of the available non -wetland area, the open space requirement of 625 square feet per unit (6,250 square feet total) will be met. CASE 125-83 Page 3 Easements: 1) Ten foot drainage and utility easements are being provided along the north and west propertly lines. Landscaping: 1) The applicant, to date, has not submitted a landscape plan for this development. Areas where applicant intends to sod should be shown on the plan. 2) A screened area for a garbage receptacle should also be shown on a plan. -._j 'may —_�-- '•1--__._.2f 3 9.1 1 )• e. p t A �n_ p •v a I 7tl n ISNeA I! 14 IiLJ i0^' / �• - �, 1 V i. 2 29 ) Q .it e:ft, G1•,.nG.. m 3 28 • 16 K)lY w Y e �' •jj:F T.� _- l IS 16 4 27 fI_. _ J —_ 1f1I i'.Ati �.f 26 17 O 14 _ ._— < 7 24 17 WOODLAWN 'r �• �:.r.:s.� 0 19 " � C� •— j B 23 —1ne.Lo� 20 10 LL S i I12 20 � i Q In LLJ Lll g LL �C '^ Ole, , w O 13 Ll IE C \ Garr )! ,,a5,ND5 [A 22 ^ 902. r 4Mr•..- G DRA afc P/'f `s p�NMOORI' N d�K r; is '^'i.:.. � •v P �I 0 Ijle „J 'u. Z� 2s I tlr-�-,,. I I,u v Lseac a C 11 ,L'oh'—� N ID \ 2 29 i 9 \l , • • a J ?Di 2S DR. _ ' 7..1 x t ' S 26 :I �v J IR 14 ha 24 N ODLAWN r w. b�— C4 --iAT r— y'c t A 123 r 19on r d I '1 Li22 a D 15 yi�dv�E FAMIW HoMb 1Z 20 79d IBL 0 14 O I l w —� lil a ; 1L kit) rl Z 013 t Dui m 'S I If n l9 12 IS tiXH Orr.-.G -- ---- � eRor�ser�—� � L 3,Vi9 � '� • G771d .� ' � • �V 4�G1'JDS V i r� ?•' 1 . i �J l 4W. Vr�1�N 114N l5 51 :1 Cf5 2' .0 U REMB n� 33 '-S1 a I •;I et ei 39 —� 9b at5nc `—D/7f 0 �J1 pR�INA4f e,�„t rI_ ''4 2 29 Rt' ry fir- 10 (1 "• p3"NnA �9 C_ .�•-�-- Q �9�e2 I »„ L - � L 3 2B 35E25.— DR i- rev cHuarw a r � ' :5•� � 27 'J r 2 ." �Ip ' S 26 a IA w 17 - 1 �3x 3 :� 'f ri (�I.d .>_- r -- d I •I /. I• 1. 7 24 7 ,MO DLAW N • S- 19 6 2 3 •� 2 -+� .— IF of 21 P 7k to z / uP�Y� 117 20_��- — I i I 14 •. QW i9 J Q ! / laJ _ - i W 6 lL 013 Y� ice• j ltvu _.. -. _ .tl _ 4 C4 of Y.41Lk hC,.ii 5/5"\1.1 I' IU mm 1 pl Nml _Irrp A yy IMmn rxCxx CO. ION 1 II --:A'Cp 1 —_ •.tl yryry �i.�l ' 1N1 mlp 11 to pis" M'P aNC W%Mwmat Ixl II IN �� i !I w.0 .PAN p1110 I' I mulw.mm111 nW 'd 1 \ 1 ac/ rut J xlbxl n IIhN pl I p' G ICI II I II V � JIA "(l. Ml I••il I 114 - ell 'V 1 � �L ,I.<�I .7I L!C� _ r = . - I npll:..I _— . � . I • , w4rrt. _.__71L=_�= \\3`)Hul IIIry��I ,JjII . /� ry7ryl!']jetou.am t.rl . 1 y..ru fill ilul �I 'f �� ,Ilkp tC,444 �--� I S:'^poro I�I(- 5d aYl4I t1w MO �Nuu1 MN unl .I .I =. (s All %I 'I I.wn wl I i v % a .OW — -- x l � •IaW1Y d Ir- _..e �ww rb 4.1 • • r ,-•4-,5- IwJn _=_ill" Ultl �I u '�. (I �I U �N� ♦ .. � ' \ xIN IxlLx 10. 11 I 1 Mwl� I \\ 1 0 of romp sow r^ to vorr I � i aa la II,10 N G 45o . •' I W I N 10 o 9 , II 1 1- Ijo I 0 ... ty o 3 28 DR. —' f�2 l 0 CHURCH ` a _ 5 � / 2 17 �. � 114 26 I^ ; 1 3 17 0 ci n+r + y 14 , I• R— 1y 25 W • O 3 d 4 5� 6 of 18 C 17 4 r WOODLAW N o 19 e I.1; 02o i5 q n 23 16 c ' 9 j ? 10 1 e',I 22 10 21 ee� � II aec ' 10 i IIz 20 �. I ti CITY of moUpDS nEW 1 12W 19 °F PRO p W .. 13 1e 10 UjjIr OV101014 a:-JO w 013 ._ _..1 - _._ W -- - ti0 Is le- TL < ---- "' B COMSTOCK & DAVIS, INC. CONSULTING ENGINEERS & LAND SURVEYORS 1446 COUNTY RD. J (851h AVE. N.E.) MINNEAPOLIS, MINNESOTA 55432 TEL:612.784.9346 March 14, 1983 Mr. John Johnson Mounds View City Hall 2401 Highway No. 10 St. Paul, MN 55112 Re: Apartment development by Mr. Tony Poppelaars Location: Lots 1 and 2, Blk. 2, Park View Terrace C&D Fil No. 4419 Mr. Johnson, f the ots to pThe arkingeareas.prTheses to followinglareasrarenproposedlfor fillllow construction of 1, Wetland area (area below 903 contour) = 1950 sq. ft. = 36 cu. yds. 2. Flood plain area (area below 904 contour) = 4900 sq. ft, = 163 cu. yds. 91:e developer proposes to fill 0.06 acres out of a total of 0.24 acres of wetland on his property. As part of the Rice Creek Watershed Board's requirements the developer proposes to install a baffled wier device. This wier is used to contain floatable istdesignedntothe functionparking forlot. rainfall sketch eventsthis adevice device year frequency, namely ;3 inches in 24 hours. Design Data: Drainage area to wier = 0.3 acres Runoff coeffient - 0.90 Peak runoff rate - 0.6 c.f.s. Maximum under baffle velocity - 0.5 f.p.s. Minimum under baffle area = 1.3 sq. ft. If you have any questions or need further information please contact the writer at 784-9346. COMSTOCK 6 DAVIS, INC. By—- GC/pmp Lary Coms ock Encl. cc/encl: File 4419 I r �/1�' flytlnll d101i L.OF...L..... Bc II JUII HO.. . �� I� ............ CII It P. hY UAfL o��2bn15.. . ... ... .. ...................... ,DrG'r•S NFU ""eRc-P C 4!E�, .Pa. klr.— 10�. ,11 j � Pefre55�1' c, -0_ , crv. C��b (�Ytp'lx 4'.011 Pam% all, A°rld-o" i Wood Qion�S (,Se2 sike Man S) �1 c�PGr aPPnr`q jj �7ork�rc�lorsu�� Gl2cLr o�enl1r— � - P'P pop i 0-vma MEMO TO: Mayor and City Council 9 FROM: Director of Public Works/Community Development DATE: March 17, 1983 SUBJECT: EDGEWOOD SQUARE FINAL PLAT Attached for your review are copies of the following: 1) Resolution No. 1365 - This resolution gave approval to the Bdgewood Square Plat (at that time called Mounds View Square) with stipulations. (After Resolution No. 1365 was approved, the applicant had six months in which to submit a final plat according to the provisions found in the resolution. Discussions with various City staff members occurred from September 28, 1981 to April 12, 1982 which culminated in approval of Resolution No. 1429.) 2) Resolution No. 1429 - This resolution approved and author- ized the execution of Development Agreement No. 82-52 (now numbered #82-54). 3) Letter dated August 3, 1983 from Director of Public Works/ Community Development to applicant - This letter clarified the City's position for the applicant regarding provisions of the development agreement approval. 4) Memo dated December 16, 1982 to City Council from Director of Public Works/Community Development - This memo included copies of Development Agreement No. 82-54 (partial copy of non-standard sheets only). Please review the attached items in there entirety. The applicant has not submitted anything for new business to date but should we receive any additional information, it will be forwarded to you. /bc Attachments U-] RESOLUTION NO. 1365 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OP MTNNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT ENTITLED, "MOUNDS VIEW SQUARE" WITH STIPULATIONS WHEREAS, Lhe City Councilof the City of Mounds View held a public hearing on the preliminary plat entitled, "Mounds View Square" on September 14, 1981, at 7:50 p.m.; and WHEREAS, the City Council reviewed the Planning Commission action and City Codes as they pertain to the Mounds View Square Preliminary Plat; and WHEREAS, the City Council made the following findings regarding the Mounds View Square Plat: 1) Zoning and subdivision requirements regarding lots and sizes meet minimum standards. 2) The proposed preliminary plat does meet the requirements of Ordinance 4305. and; WHEREAS, the City Council requires the following conditions regarding the preliminary plat• entitled, "Mounds View Square": 1) Proposed Lot 10 shall have existing garage removed or have the building incorporated with the new structure. 2) Proposed Lot 5 shall have the overhead electrical wire relocated. 3) Lots 17, 18 and 19 be dedicated as drainage, utility and wetland easements Lo the City. 4) The area below the 906 elevation on Lot 16 shown on the grading and drainago plan also be Ondicated as a drainage, utility and wetland easements to the City. 5) Minimum sanitary sewer main size shall be 8 inches for the project. 6) Class 5 gravel base for Edgewood Drive and Pinewood Circle be increased from 5 inches to 6 inches. t and; RESOLUTION NO. 13G5 Page 2 WHEREAS, the City Council of the City of Mounds View now requires the applicant for the Mounds View Square Plat to include the conditions listed above in his final plat and plans and specifications; NOW, THEREFORE, 8E IT RESOLVED that the City Council of the City of Mounds View approves the preliminary plat of Mounds View Square with the conditions listed above. Adopted this 28th day of September, 1981. ATTEST: .- Mayor l• (SEAL) Deputy Clerk 00 RESOLUTION NO. 1429 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AIJTIIORI7INC THE CLERK -ADMINISTRATOR AND MAYOR TO EXECUTE DEVELOPMENT AGREEMENT 82-52 WITH ROBERT EIGENHEER WHEREAS, the Mounds View Code, Section 59.07, requires development review and approval for the Final Plat Edgewood Square and installation of improvements requested by Robert Eigenheer for 2381 County Road I; and WHEREAS, the Mounds View Planning Commission has reviewed the Plat and recommended approval in their adoption of Planning Commission Resolution No. 23-81; and WHEREAS, the Mounds View City Council has reviewed the final plat, improvement proposal and the recommendation action of the Planning Commission and Staff; and WHEREAS, the Mounds View City Council has stipulated requirements to be included in Development Agreement No. 82-52 hereto attached; NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council authorize its Clerk -Administrator and Mayor to execute Development Agreement No. 82-52 pursuant to direction found auuvc. Adopted this 12th day of April, 1982. ATTEST: (SEAL) 0 August 3, 1982 C�� 0 out s 1ow IIAMSEV CO(IN IV. Id INNESOIA 2401111GRIVAY 10 `IOIINnS VII W. MINN W., 2 704-3055 Mr. Robert Eigneheer 12015 Central Avenue N.li. Blaine, MN 55434 Re: Odgewood Square Ucvelopment Agreement No. 82-52 Dear Mr. Eignenheer: This letter is to confirm our convera.-Lion on July 28, 1982 concerning the ilg above development agreement and questions that you had concerning some of Lhc paragrapys; 1) It has always been City policy to require a per lot bond ® from the developer to ensure proper location, siting and grading of the individual home units. It has been the constructed. Policy to allow reduction of the bond amount as homes are • 2) Exhibit 2A, Items 1 and 2. Ite;,; I requires the developer L� pay all. bills as they occur on the project. Item 2 requires the placing of a cash escrow amount, usually publiamount•of known oxpenses or c:xpecLed expenses such as c hearing costs. When the fund is exhausted, 1 requires the developer to continItem Ile paying additional expenses. If Item 2 escrow amount is not util.ize(I com- pletely then the City would refund the balance of the escrow amount. 3) No. 9113.Exhibit 2A, Item 5. This is a requirement of Resolution developer is reResolution No. 983 states in part that the desponsible for maintenance of the drainage facilities as part of the devel.opulrnt for a period of seven years. Depending on the situ of Lhu devolopment, the City establishes a bond amount to be po;;tcd a.,. part of the final Plat- In your case, this amount has been determined to be $5,000. 4 4) Exhibit 2A, Item 7. 1'ho Ctly ha:: processed .: reapportion- ment of all pending :grec.ial anre:::nm'nl:n on Lhc parcel known 1 Mr. I,igenhecr Pays August 3, 19112 as Cdgewuod Sgw7r(� D:vololdnunL. It. was determined (luring Lhc rcahpurLionni,-ul. procc:;n LhaL Luis 17, 18 all(] 19 may not dcr..ivc bcn:lit from Lhc improvements previously assessed. Therefore, redi:;tribut.ion of. a:;ses:;menls would not be made aga.innl Ihuse 1u1:;. You niay wish to 1li:;cu:;:;, with the City Attorney and/or your attorney, whether language concerning the reapportionment asses:mients would be included in the devr.lopment agreement t:11lich would clarify this item to your SatDSfac Lion. 5) Exhibit. 'A, Llemll. Thi: i';uayraph i:; placing upon you, the developer, the reguir(�mcnt to assist- in what ever require- ment's are placed by Ramsey County as a result of the review of the plat. A; poinL•ed out Lo you, if Lhe county determined in the review of the plat that additional downstream drain- age facil.ilics may be required, it is the City's position that you participate in Lhr, cunl::i of any such improvements that may be necessary. As mentioned in our meeting, it would be to your advanLagc to review your drainayc plans with your engi- ❑cer and minimize any surface draina-le diror.ted towards the ditch along the county road. Hopefully, the above iLoms ruspond to your questions. if you have any furLher questions or if I can be of any help as you proceed towards compleLion of ynnr final plat, plcnsc conL•acL tile. �.. Sincerely, CITY OF MOUNDS VIEW J?� John C. J nson, Dirce[ur Public Works/Community Development JCJ/bc cc: Dick. Mcycrs,CiLy ALLurucy Don Pauluy Steve Rose of MEMO TO: Mayor and City Council FROM: Director of Public Works/Community Dove lopment(I 0 DATE: December 16, 1982 SUBJECT: EDGEWOOD SQUARE DEVELOPMENT/ROBERT EIGENHEER Mr. Eigenheer has requested to appear before the City Council and try to resolve approval of Final Plat. Attached is a copy of the Development Agreement No. 82-54, Exhibit 2A. The main problem area is resolving the drainage issue along County Road I easterly of his project; which has been discussed with the Council previously. Mr. Liyenheer wishes to present his case personally. To date, the County and the City have delayed approval due to the lack of culverts or storm sewer under St. Stephen and St. Michael Streets. If you have any questions, please contact me. JCJ/bc Attachment 11 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA MOUNDS VIEW DEVELOPMENT AGREEMENT NO. EDGEWOOD SQUARE THIS AGREEMENT made and entered into this _ day of , 19_, by and between the CITY OF MOUNDS VIEW, County of Ramsey, State of. Minnesota, party of the first part, hereinafter called the "City", and Robert Eigenheer party of the second part, hereinafter called the "Developer", W I T N E S S E T H: WHEREAS, the Developer, in consideration of approval of the Edgewood Square Final Plat of the proposed public improvement and the issuance of permits thereof, hereby agrees with the City to perform all of the acts required herr.in and to conform to all of the conditions set forth as follows: 1. Wherever the word "City" appears herein, it shall mean and include the City of Mounds View and also said City's agents and employees; and wherever the word "Developer" appears herein, it shall mean the developer, and any of its agents and employees. Wherever the words "development site appear herein, it shall mean the premises described in the following exhibits: Exhibit 1 (legal description) Exhibit 2 (site and grade plan) 4 Exhibit 3 (public improvement plans &specs) Exhibit 4 (Resolution #983 Security, $500tl Exhibit 5 (Final Plat) Exhibit 6 (Easement DocumenLs for Lots 17, 18, 19 and Rev. 4/13/81 parts of Lot 16) the City in the processing, review and evaluation of the proposed development and in the inspection of all work performed pursuant to said contract. Such costs shall include but not be limited to the administrative, legal, and engineering expenses incurred herein, and such other expenses as authorized by said Chapter. 13. Developer agrees that the City can terminate development of the development site or the construction of any building struc- tures thereon if in the City Council's opinion the terms of this Development Contract have not been conformed to by the developer and the said Developer herein agrees to cease construction and waives its right of recourse, claim, suit or action against the City. In addition, in the event the Developer fails to conform to the conditions of this Agreement, the City shall be entitled to enforce it pursuant to the terms of this contract and/or the provi- sions of the Mounds View Home Rule Charter, Chapter 26 of the Municipal Code, or applicable Minnesota Statutes. The Developer herein agrees that in the event the City is compelled to enforce any of the provisions of this contract by court action and judgment is rendered in favor of the City, that all costs, disbursements and reasonable attorney's fees will be paid by said Developer, its heirs, successors and assigns. 14. The Developer shall furnish to the City at the time of the execution of this Contract a cash bond, a corporate surety bond, an irrevocable letter of credit or any other negotiable instrument approved by the City Attorney, which the Developer agrees to keep in full force and effect during the term of the obligation created herein in the amount of $150,000.00 Dollars, wherein the -4- DEVELOPMENT AGREEMENT NO. 82-,5110 EXHIBIT 2A In addition to the foregoing conditions, Developer agrees to the following: 1) The Developer hereby agrees to pay all bills for expenses incurred by the City within 30 day of receipt. 2) Post $5,000 in cash to the City to cover inspection and administrative costs of the City regarding the improvement of the property. 3) An additional ten (10) feet of drainage and utility easement be placed along the north line of Lot B. 4) That casement- documents for filing on Lots 17, 18, and 19 and part of Lot 16 denoted drainage easement on the Edgewood Square Plat be prepared and submitted to the City subject to the approval of the City Attorney. 5) The Developer submit a 7-year security in the amount of ® $5,000 covering the requirements of Resolution No. 983 for the Plat. 6) That the Developer agrees to the changes in the public improvement plan and specifications discussed and agreed to in Meeting Minutes dated 3/30/82 (Exhibit 20) and a letter from Short-Elliott-liendrickson dated 4/7/82 (Exhibit 2C) hereby attached. This includes the instal- lation of an outside drop for sewer as stated in 11 of Exhibit 28. 7) The Developer agrees to allow a special assessment in the amount of $6,944.82 to be assessed against the benefitting lots of the property to be known as Edgewood Square. 8) The public improvement shall be completed no later than October 15, 1982. 9) That the as-builts for the public improvements be submitted no later than 30 days after final acceptance of the project. 10) No sewer and water connections shall be allowed to the new improvement prior to its final acceptance. 11) That the Developer agrees to provide drainage along abut- ting County Road I subject to requirement and approval of the Ramsey County Engineer and the City. Development Agreement No. 82-5Z Exhibit 2A Page 2 12) Submission of a current permit from Rice Creek Watershed District prior to recording of the final plat. Date: Date: :1 FOR THE CITY: FOR THE DEVELOPER: MEMO TO: Mayor and City Council FROM: Clerk -Administrator DATE: March 7, 1983 SUBJECT: PROPOSED HAZARDOUS WASTE PROCESSING AREA IN THE CITY OF FRIDLEY Attached please find a Notice of Hearing from the Minnesota Waste Management Board indicating that on April 19, 1983 at 1:00 p.m. and 7:00 p.m. at the Fridley City Hall a hearing will be held by the State Hearing Examiner's Office for the purpose of gathering additional information on the proposed Hazardous Waste Processing Facility site in Fridley. The hearing is the final step in the statutorily established process prior to the final selection of hazardous waste processing areas by the Waste Management Board (WMB). The area which has previously been identified as Fridley Site A, note map attached, abuts the westerly Mounds View City limits from County Road H to County Road H-2. On November 30, 1982, staff submitted a memorandum, copy attached, recommending that the City of Mounds View go on record supporting the City of Fridley's opposition of the preliminary identification of the site by the WMB. On December 13, 1982 the City Council adopted Resolution No. 1523 taking such a position. Unfortunately, the WMB did not agree with Fridley's position and on December 17, 1982 adopted Fridley A, " . as a proposed area for transfer/storage and chemical treatment with direction to explore possible alternatives with the City." Attached is the WMB's "Basis for the Selection of Criteria and Selection of Areas for Inclusion in the Proposed Inventory of Processing Areas" dated February 24, 1983 with the WMB's analysis of Fridley A. Also attached is the cover sheet of a report from the Anoka County Soil and Water Conservation District which summarizes the findings of the District's Board of Supervisors from a technical analysis of the soils at Fridley A. The Board suggests that Fridley A be removed from the list of proposed sites for four basic reasons. These are: 1. A natural water table ranging from 0 - 4 feet in depth. 2. The relatively poor filtering capacity of the predominant soils on the site. 3. The location of the site in a "... densely populated area that could be directly affected by contaminants." -z- 4. The open water areas of Spring Lake, Locke Lake, Rice Creek, and the Mississippi River in close proximity to the site. The Board felt that these four factors, "... are all direct indications that any type of spill, or seepage could be potentially disastrous to the soil and water resources of the area." Staff contacts with the City of Fridley indicate that their Environmental Concerns Committee will be handling most of the activities surrounding this matter and that they have not as yet taken an official position for this hearing. Staff would recommend that the City of Mounds View adopt the attached proposed resolution opposing the identification of Fridley Site A as a hazardous waste processing area. Should you have any questions, or require any additional information, please advise. DFP/pf Attachments R�1 RESOLUTION NO. 1576 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OPPOSING THE IDENTIFICATION OF FRIDLEY SITE A AS A HAZARDOUS WASTE PROCESSING AREA WHEREAS, the Minnesota Waste Management Board has identi- fied a site in the City of Fridley as a proposed hazardous waste processing facility area; and WHEREAS, this site, known as Fridley A, abutts the City of Mounds View's westerly border on Pleasant View Drive from County Road H-2 to County Road H; and WHEREAS, the City of Mounds View has evaluated the site as it relates to its conformance with the Waste Management Board's "Basis for the Selection of Criteria and Selection of Areas for Inclusion in the Proposed Inventory of Processing Areas (Twin Cities Metropolitan Area)" dated February 24, 1983, and finds that Fridley A in whole or in part does not conform with four of the eight factors listed on page 23 of the aforementioned report, namely, proximity to residential development, soil and water condi- tions, protection of city wells and water supply intake, and proximity to natural areas, parks, and historic sites; and WHEREAS, a report from the Anoka County Soil and Water Conservation District dated February 7, 1983 recommends that Fridley A be removed from the list of proposed Hazardous Waste Processing Facility Sites due to existing soil and water conditions that would cause for any spill or seepage of hazardous waste material to be disastrous to the soil and water resources of the area. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View opposes the identification of Fridley A as a Hazardous Waste Processing Area. ATTEST: (SEAL) Adopted this 28th day of March, 1983. Mayor Clerk -Administrator MEMO TO: Mayor and Ci FROM: Clerk-Admini DATE: November 30, SUBJECT: WASTE MANAGEMENT BOARD PRELIMINARY AREA FOR WASTE PROCESSING FACILITY - FRIDLEY (SITE A) Attached please find a packet of material supplied by the Minnesota Waste Management Board regarding the process for identifying preliminary areas for hazardous waste processing facilities, and maps showing those areas identified in the Metro Region and Fridley Sites A and B. You will note that the Fridley Site A encompasses a large area running from Highway 10 south along University Avenue to 73rd and west along 73rd Avenue to the Mounds View City border. Also attached is a packet of material supplied by the City of Fridley regarding the position taken by the City of Fridley with respect to the identification of hazardous waste processing facility sites in their city. The City of Mounds View should be particularly concerned about the site identified as Fridley Site A which abutts our westerly border on Pleasant View Drive from County Road H-2 to County Road H. This site, or at least part of it, appears to be in nonconformance with the factors for selection of Metro proposed areas as outlined by the Waste Management Board and included on a sheet in your packet of material. This lisring indicates that the Waste Manage- ment Board prefers areas: 1) "that avoid residential areas (either by having a large industrial area, scattered residential development, or other development or open space between residential and industrial development)." 2) "that offer some protection over that designed into a facility" to the areas, soils, and aquifer conditions. 3) "which have conditions which would protect wells and water supply." 4) "which would avoid natural parks and historic sites." With respect to Fridley Site A it can be easily stated that all of these factors are not complied with by at least part of that site, namely, the area running east to west from University Avenue to the Mounds view border. It is staff's position that these factors are not complied with because the area directly to the north of 73rd Avenue Northeast is entirely residential development, Rice Creek runs directly south of the site which ultimately runs into the Mississippi River and provides a large source of water for the Metropolitan Area, and the Rice Creek area provides a major natural area and park to all of the communities it runs through, including the City of Fridley. -2- Taking these factors into consideration and the position previously taken by the City of Fridley as outlined in their Resolution No. 100-1982 adopted on November 15, 1982, staff would recommend that the Mounds View City Council go on record supporting the position taken by the City of Fridley opposing Fridley Site A and recommending an alternate site in the City of Fridley as identified by the City of Fridley. Also, staff would recommend that the City of Mounds View temper our opposition to this site as well as the other sites we have previously voiced opposition to by indicating to the Waste Management Board that we are not opposing the location of hazardous waste transfer or processing sites in the Metropolitan Area and, in particular, near the City of Mounds View, but that we are strongly recommending that they make a greater effort to evaluate each of the sites they have identified in a preliminary manner prior to making them public as it would appear that the three sites in or near the City of Mounds View are unacceptable for a number of reasons, all of which are listed in their factors for consideration. With that tempering of our position, we would come off as being more reasonable in the position we are taking on the Fridley site and have taken on the other sites in the past, and would afore likely have a greater impact upon the decision -making process of the Waste Manage- ment Board. Staff would request Council direction in this matter in order that an appropriate response might be provided as soon as possible. DFP/pf Attachments MINNESOTA WASTE MANAGEMENT BOARD Proposed Areas for Processing Facilities Metro Region 12/17/82 C NORTH A Fridley (site A) isod � T� C cotes IncinerPlIM Chemical, Transfer -Storage Operation ,iorked denoles cbemm.l d r. ,t.._a . e --I.. RESOLUTION NO. 1523 •0 CTTY 01, MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE CITY OF F'RIDLEY ON THE SITING OF HAZARDOUS WASTE PROCESSING FACILITIES IN FRIDLEY WHEREAS, the LJinnosota Waste Management Board has identified two sites in the City of Fridley as preliminary areas for processing facilities; and WHEREAS, the Fridley Site A abutts the City of Mounds View's westerly border on Pleasant View Drive from County Road 11-2 to County Road 11; and WHEREAS, the City of Mounds View has evaluated the site as it relates to its conformance with the Waste Management Board's "Factors For Selection Of Metro Proposed Areas" and finds that that part of the site lying cast of University Avenue does not conform with four of the eight factors; and WHEREAS, the City of Fridley has taken a position opposing the siting of a hazardous waste processing facility in Fridley by adopting Resolution No. 100-1982 on November 15, 1902. NOW, THEREC•ORE, BE IT RESOLVED by the Council of the City of Mounds View that the City of Mounds View supports the City of Fridley's position of opposition to the siting of a hazardous waste processing facility in the City of Fridley. BE IT FURTHER RESOLVED that the waste Management Board is encouraged to promote the use of existing hazardous waste processing plants and sites as a means of lessening the potential hazards to the general public. Adopted this 13th day of December, 1992. ATTEST: 1i ��— Mayor (SEAL) Cle -Administrat r J 1t" ` k'\ANOKA COUNTY SOIL AND WATER Qd CONSERVATION DISTRICT rn 1 ro 560 gun6Pln6. 6oulow4 OO� �O O Ano6a M.nn..olo $5707 Jdlphone 1612:757.4721 MINN_ESOTA L q&�-' SOIL AND WATER CONSERVATION DISTRICTS February 7, 1?F3 TO: Fridley City Co:mcil C/o John Flora, Director of Public Horks aa' X.r.C. A. S-r.-r_ Forrest, Division of Solid & Hazardous waste FRQ;. Arlo::_ So:'. & F;a:er Conser.at:or. District Hoard of Sum:.e:sors _. Pro;o:e' S:tc "AllH::ardo;:s baste Proeessin;, Facility Sitc, For'_or.r of Section; <, 3, 10, 11 an: 12. in City of Fridlc;;. Irfor ::inr.:1 aacket or soil characteristics of 7a'_d area: After rc:4PwirC the :echtical report submitted by Patricia L. ;?:do17*., D::tr:c'. Cons cr::t:on Aiie, the Hoard would like to ache eo _-c .; or. the cbo':e site. ' C.,t o` :he a1•+Vo:::-_•e ?4: total acre: of the site, 34: acre. _. 3?; of the area cont-,4n::net sand or wet orZanic soils. 6--ro::_.a:e1y j�j acre: or SE;,A of the site area contains n: _....:...._. cu:,:ex soils Which are dry sand soils and hold ec':err fo:• f:lter:rz ca,:ac".y due to its' coarse terturc. 14 acrE: or �.e,, of the site area is c_as:ifiec :•::'.• '—'E :Oi;`_ ":.^face:. Thee areas ha'/e rapid run off to :_.":oil: C.:ch�eo'.rcc r. D:=c hou-. Ln- areas surround the site, open water are,, a r.:cr _... rarer _re all vory close by the site. 3?o of the site has we, sand or we,. o^-an:c :o` : sr:ere 1-i:a;io.^s. The _:o:en:ial for widespread go -and waver con:.r:r..:or apse:r: :o fc ter; h:Ch. Some of the soils in this wet ceteZory of soil: with a cr tsb:es of ; - 4 feet have a rather hi6h potential for fro:: action t;::h res�ec: to hon--dingy pond areas, etc. AN EQUAL OPPORTUNITY EMPLOYER 41W.V Proposed Site "A" Februar-.( 7, 1983 pale Two 'len of••a� nsly-populetESThe factthat the sitee? area that could be directly a"fee'.'^d'by contaninn%es -&WATiiC open water areas 'of Sprint Lake, appror_.:^�ately 1,80 ft, to the east of the eastern border of the site; LockPUke, approximately 533 ft.,south,!cet of the southwest border of the site; the eatrene closeness or<fti'57MInt to the south aod'the to the west•4re c cations that any type of spill, or' �ee;'ege�coul po4en# to the soil.and water resources o'f :'nc surroundin, ere?, Tho Hood v6uld su-�e t11thati `tV FridleySiVCW. best9 r),md,1 Ica tha list of propose: Ha:ardods>Was`ie}proces�:ri;Fi,Ia 3Aty;iSlt'i".:bb39� It If it. STATE OF MINNESOTA WASTE MA::AGEIfENT BOARD �'. tt08t4D5VIfV1 In the Matter of the Proposed Hazardous Waste Processing Facility NOTICE OF AND Areas in the Twin Cities ORDER FOR HEARING Metropolitan Area IT IS HEREBY ORDERED AND NOTICE IS HEREBY GIVEN that information gathering hearings concerning the above -entitled 'matter will be held by the Waste Management Board ("{iMB") pursuant to Minn. Stat. § 115A.09, subd. 3 (1982) at the times and dates listed below: Proposed Area Date Location Time Shakopee March 2, 1983 Scott County Courthouse Assembly Room 1:00 P.M. 428 S. Holmes and Shakopee, MN 7:30 p.m. Minneapolis- March 8, 1983 Minneapolis City Hall Areas A, B, C Room 319 1:00 P.M. Minneapolis City Hall Room.317 7:30 p.m. Roseville March 15, 1983 Roseville City Hall 1:00 P.M. 2660 Civic Center Dr. and Roseville, MN 7:30 p.m. Lakeville March 16, 1983 Lakeville City Hall 1:06 P.M. 8747-208th St. and Lakeville, MN 7:30 p.m. Ramsey March 21, 1983 Ramsey City Hall 1:00 P.M. 15153 Northern Blvd. NW and Ramsey, MN 7:3Q p.m. Forest take March 23, 1983 Forest Lake City Hall 1:00 p.m. 220 N. Lake Street and Forest lake, MN 7:30 p.m. Inver Grove March 30, 1983 Dakota County Area 1:00 P.M. Heights, Vocational Technical and Rosemount Institute 7:30 p.m. County Road 42 Akron Road Rosemount, MN -2- Proposed Area Date Location Time ^ Plymouth April 5, 1983 Plymouth City Hall 1:00 P.M. 3400 Plymouth Blvd Plymouth, MN Armstrong Senior High 7:30 p.m. School (Cafeteria) 10635 - 36th Avenue N. Plymouth, MN St. Paul April 11, 1983 St. Paul City Hall 1:.00 P.M. Areas A and B Council Chambers and 15 W. Kellogg 7:30 p.m. St. Paul, MN Fridley April 19, 1983 Fridley City Hall 1:00 P.M. 6431 University Ave. NE and Fridley, MN 7:30 p.m. Cottage Grove April 25, 1983 City Hall 1:00 P.M. 7516-80th St. S. Cottage Grolre, MN Park Senior High School 7:30 p.m. Cafeteria 8040-80th Street S. Cottage Grove, MN Hastings April 27, 1983 Hastings City Hall 1:00 p.m. 100 Sibley St. and Hastings, MN 7:30 p.m. The following proposed areas will be considered at the hearings: Shakopee - an area south of Highway 101, including the Valley Industrial Park Minneapolis - scattered industrial areas within the city including the Midway industrial area and the industrial area north of downtown Roseville - an area on the western edge of the city south of County Road C Lakeville - an area including the Airlake Industrial Park Ramsey - an area north of Highway 10 and south of the Anoka Landfill, including the Gateway North Industrial Park Forest Lake - an area east of I-35W and south of Broadway Inver Grove Heights - an area on the southeastern edge of the city, on either side of Highway 55 v -3- Rosemount - an area on the northeastern edge of the city, along Highway 55 Plymouth - an area south of Highway 55 and to the east and west of I-494 St. Paul - scattered industrial areas in the city including the Midway industrial area and the Riverview Industrial Park Fridley - an area in the northern part of the city between the Burlington Northern railroad tracks and the Moundsview city limits Cottage Grove - an area south of Highway 61 at Chemolite Road Hastings - an area including the Hastings Industrial Park Specific details on the location of the areas may be obtained by contacting Sharon Decker, Waste Management Board, 7323-58th Avenue North, Crystal, Minnesota, 55428, Telephone (612) 536-0816 or 1-800-652-9747. The hearings will be held before the following Hearing Examiners of the Office of Administrative Hearings, 400 Summit Bank Building, 310 - 4th Avenue South, Minneapolis, Minnesota, 55415, (612) 341-7600: Shakopee, Minneapolis and Cottage Grove - Alan W. Klein Roseville, Forest lake and Fridley - Phyllis Reba Ramsey, Inver Grove Heights -Rosemount, and St. Paul - Howard L. Kaibel Lakeville, Plymouth and Hastings - Myron S. Greenberg The purpose of the hearings is to gather additional information on the proposed areas which may be helpful to the WMB in determining which areas should be placed on the final` inventory of hazardous waste processing areas. Information related to the criteria utilized by the V?MB, as well as any other information which may assist the WMB in determining whether an area should be included in the final inventory of processing areas may be submitted at the hearing. At the hearings, any local government unit in which an area is proposed for inclusion in the inventory may propose an alternative area or areas within its jurisdiction. Minn. Stat. § 115A.091 subd. 3 (1982). These alternatives may include (a) exclusion or inclusion of land within or near the designated proposed area,-(b) a different location within the jurisdiction of r -4- the governing unit, (c) specification of the type of processing • facility for an area, (d) other alternatives. The l,'MB is a statutory agency of the State of Minnesota with responsibility for identifying areas which may be used for the establishment of commercial hazardous waste processing facilities. The nine member board includes eight citizen members, one from each of the state's Congressional districts, and a full-time chairman who is a state employee. The board is the final decision making authority of the agency. The chairman, in addition to being a member of the board, is also the executive and operating officer of the board and as such is authorized by statute to carry out the executive and administrative functions of the board. The W14B staff is supervised by the chairman. Pursuant to Minn. Stat. § 115A.09 (1982), the WMB is required to prepare an inventory of areas of up to ten square miles in size for commercial hazardous waste processing facilities. The inventory must include at least three areas for each of the following categories of processing facilities: (a) a commercial chemical processing facility for hazardous waste, (b) a commercial incineration facility for hazardous waste, and (c) a commercial transfer and storage facility for -hazardous waste. The Minnesota Pollution Control Agency is required to prepare a report on the suitability of each proposed area for the use intended. Sites e within areas that are on the WMB processing facility inventory may qualify for supplementary review by the WMB. If a facility developer obtains a Pollution Control Agency permit for a facility within an inventoried area but a political subdivision refuses to approve the establishment or operation of the facility, a petition may be filed with the WMB requesting review of the decision of the political subdivision. If, on the basis of review criteria adopted by the WMB the WMB approves the facility, the WMB approval supersedes the decision of the political subdivison. Minn. Stat. §§ 115A.32-.39 (1982). On April 22, 1982, eight (8) outstate (outside the seven county Twin Cities metropolitan area) areas were placed on the WMB inventory of preferred areas for hazardous waste processing facilities. A reexamination of the Twin Cities metropolitan area for possible preferred areas will be accomplished before the WMB inventory is completed. The procedure for selecting areas to complete the final inventory is as follows: 1. The Waste Management Board develops criteria for selecting preliminary areas in the Twin Cities metropolitan area, including those criteria required to be considered by Minn. Stat. § 115A.091 subd. 2 and applies that criteria to identify preliminary areas; 0 ti -5- 2. The Board compares the preliminary areas on the basis of certain predetermined factors and selects as proposed areas those areas that seem most suitable. 3. Public hearings are held for each proposed areal 4. The hearing examiner's report is submitted to the WMB; 5. The WMB reviews the hearing examiner's findings and recommendations and the record of the hearing; and, 6. The WMB.makes its final decision on the areas to be included in the processing facility inventory. The Board's final decision on the inventory will be based on the data developed by the WMB staff and submitted as part of the hearing record, testimony of witnesses at the hearing, exhibits submitted at the hearing and any other material included in the record of the hearing. _.. 1,CQp;es of "the criteria - the WMB' uE'il'ized ao selectEtH proposed. areas for jxzardous aaste'yprocess1—'' cil'i' pr Ti% nIrC ities metropolitan 'area "wi1S •beL'available at7the rUMW hearYny?Ss'" abticed."".'In addi"fi'oh"`,�' a sepor.£Y�3nfaininqc�}i`a'�d� for: th'eaoard .:deci&i_oR to.o'pos�"e;an.areal�Fdr indl"�eisn^'� inventory will be available prior;to'rthe hearing: To the extent feasible, these documents may be copied. PLEASE BE ADVISED that it may not be possible to copy certain documents such as large maps. PLEASE BE ADVISED that this hearing is neither a contested case hearing nor a rulemaking hearing. Therefore, the procedural rules applicable to contested case and rulemaking hearings are inapplicable. The following procedures shall be followed: 1. The hearing will be opened by the hearing examiner who will explain the hearing procedures. 2. The WMB staff will introduce the jurisdictional documents, the WMB criteria, and the report containing the basis for proposing the area for inclusion in the Board's inventory. 3. The YI1B'staff will briefly summarize the basis for including the proposed area in the inventory. 4. Members of the public will be given an opportunity to make oral statements, to offer written documents into the record and to direct questions to the WMB staff. Representatives of 'the VIMB staff may address questions to members of the public. 5. The hearing examiner may exclude testimony which is irrelevant, immaterial, or unduly repetitious. In addition, the hearing examiner may disallow questioning which is irrelevant, immaterial, unduly repetitious, argumentative, harassing, or adversarial in nature. 6. Pursuant to Minn. Stat. § 624.72 (1982), no person shall interfere with the conduct of, or disrupt or threaten interference with or disruption of the hearing. In the event of any interference or disruption or threat thereof, the hearing examiner may take appropriate action. 7. Following the end of the hearing, members of the public will have seven working days in which to submit additional documents and comments for the hearing record. Copies of these documents and comments must be submitted to both the hearing examiner and the WMB staff. B. Following the seven day period discussed above, the WMB staff will have seven working days in which to respond to the public testimony presented at the hearing and subsequent documents submitted into the hearing record. 9. Copies of additional documents submitted by members of the public and the W14B staff responses will be available for inspection at the WMB offices. 10. No factual information or evidence which is not a part of the hearing record will be considered by the hearing examiner or the WMB in the determination of this matter. 11. The hearing examiner will prepare a report which will contain findings of fact, conclusions, and recommendations on issues related to the proposed areas. 12. The VIMB staff will make final recommendation to the WMB regarding the proposed areas. 13. The 41MB will make a determination as to which sites should be included in the final inventory based on the hearing record. 14. Persons wishing to be notified of the availability of the hearing examiner's report, the staff recommendation, or the board's determination on the final inventory of preferred areas may so indicate at the hearing. PLEASE BE FURTHER ADVISED that, while persons may submit documents or other information at the hearing or up to seven working days after the bearing, it would be very helpful to hive documents submitted to the WMB staff in advance of the hearing. Therefore, persons wishing to submit documents or other information are encouraged to do so at the earliest possible time so that the WMB staff his sufficient time to review the documents and information. -7- Questions concerning the procedures indicated in this Notice and Order may be directed to Special Assistant Attorney Generals LeRoy C. Paddock or Alan W. Kowalchyk, 1935 W. County Road B-2, Roseville, Minnesota, 55113, telephone (612) 379-0424. To submit documents, obtain copies of WMB criteria, or for additional information, please contact Sharon Decker at the Board's address set forth above, telephone (612) 536-0816 or 1-800-652-9747. February 4, 1983. Q J""" A, A ROBERT G. DUNN Chairman ' STATE OF MINNESOTA �34S� WASTE MANAGEMENT BOARD �� o I'lo1983 1 RECEIVED Basis for the Selection of Criteria and Selects If3 E1� OF of Areas for Inclusion in the �'' Proposed Inventory of Processing Areas `'� MOUNDS vim (Twin Cities Metropolitan Area) Cj/2p26l91Uyx February 24, 1983 1. BACKGROUND 1. KpCiiQJtvdJl, jj4tg"A astd,M"�nn gem'en't'AcV ee �ihi:%ites � B,oardIhmatter' l 9ard'!)"t0jl fe- 3rr01- ifi'veritor§'vf�P er as icommorotn, hazardous_Vistelp"Fodassing`rfdei°fiti"esi. MciMMIUUMBINOM at- ;least:3hr_ee'.areas,cfor:.:each)1V01StBT.TowiBg"catNijg s' 8R i89� fScll'lties •` (a) "a corme"ral7tbWdnl pr6dpssir(!gMlitygdnfl8LQI,'d0uN ivas'ie 'i(b`j�a�e�nim"ercial"incine'ration i"aTai'iffy'foi'AiV'�►�bflSaABt;t'0;'Ybifd�ll ;a;ton:ner"cial'i"ransfei:end"sioha9e'faci93ty.for hzztlT4llslg'w8stl. 2. The Board is not required to promulgate rules pursuant to Minn. Stat. ch. 14, see Minn. Stat. § 115A.09, subd. 2 (1982), in selecting the factors which it will utilize in evaluating areas for inclusion in the inventory. 3. I6 electing areas'forFthe'indent"o"ryr Minn Stamo), A4U9",•F3u6d thglaoard:to consider at least the folbWing fartoffl (T)he consistency of sitessVith-'State'°nAdUF deraV11 u1a'ti'o'1il, local land use'indrland° tP01s, �Elia''�Peeiioifi•"di agri- culture and natural"resou"rce31; ezjsting`a'n 1futu`i. 1.'deV6T"opme patterns, transportation and other services appropriate to the hazardous waste facilities, the quality of other potential sites, and the location of,hazardous-wastegenerat'or1. 4. Areas selected for the inventory are assumed to have sites which could be available for development of commercial processing facilities. -2-. 5. The developer of a facility within an area on the inventory must undergo review by the Board before the developer may apply for Minnesota Pollution Control Agency (MPCA) permits. Minn. Stat. § 115A.10. This review includes examination of the prospective facility operator's technical and financial competence. 6. If a developer -of a'facility'wfiirFwi11'beFloCetedHwitbfiAan�6rea'Sb7l)BCha inventory:obtains' neces'saryTpermit"s from%tfie;MPCA"'Sifd"�9'polariir8lusiltRtl tn� refuses'C'to approve �tfie"`re'stabl'i?if9GentfiRr.�ope�atjon;ro�bE�fa'�lm't'y�Ehlb� may seekifsllpplemerltary•:rev,ieW`'o'f;it'he o79'�Ca1�. u 'i3A'fi5"t?�'e�h. Stag,S�;J'15A:33.•'(1962), ;�,Fol•lowing"a�Y!irView""of"th'e":rde"'rci�s'i n, nc � p 81�0 hearing ,;the':Board. may ;approve7or;disapprove"the fOgilltyVW.BOOMIMtltib to�appro a tffe�facil)ty;•£fie B'oardade'�i•YTon:'sGpS?theZdeO,tS1t5�Ot�L�E ?poTi't'1'c31L�5Gbdivision:':rFlion:"'�ia�'§'f'11�i37; sutid�7>�L3'(1982p. 1. Ru'%s gove"rning•the-suppl'emen£ary review-processvjtAye Beer fl6p"te G� r„ 8 201-->8;21'8): ".7hese;cul.es;�provide*,for aVkdi>ii7675 rocess e6c'oSR {nutuatly�agreeatilP'resolGtion o"f rthe dlfferencesd"eetiie<�rop s e o4'"`ep 9 'aril'ttie'pbl.itical-sutidiv"isioni 'The rules al so pF"MT''for �Gtil'fdA.Tyie'�a7R¢6"f�ffi!1 appointment,`ofbers �6 mem, of"tfie'affect'ed'commun3.ty�6tifie•�oard'as votKng•m to ad'dre"§'s''th'e"disputed issue'. 8. In making its decision concerning the proposed facility during supplementary review, the Board must consider at least: a,) The risk and effect of the proposed facility on local residents, units of government and the local public health; b.) The consistency of the proposed facility with, and its effect on, existing and planned local land use and development; -3- c.) The adverse effects of the facility on agriculture and natural resources; d.) The need for the proposed facility. Minn. Stat. § 115A.36 (1980). 9. Processing means treatment.of waste after collectjpn and IRdre`dia"P6S1iT. Processing includes but is not limited to reduction, temporary storage, separa- tion, exchange, resource recovery, physical, chemical, or biological modifica- tion, and tranfer from one waste facility to another. Minn. Stat. § 115A.03, subd. 25 (1982). 10. �Nezandout;waste'-tsa (A)ny refuse or discarded material or combinations of refuse or discarded materials in solid, semi -solid, liquid or gaseous form which cannot be handled by routine waste management tech- niques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological or physical properties. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Nazardoes::aastP;does tiot'-1neTQde:'"sewage's1""fig and `sburce, 5peci&1`.nucleaf�br: by�'pro`duct�naierial,�as d"eiih�$ by the Atomic Ener"gy Act of i954; as''emenaedl Minn. Stat. 9 116.06, subd. 13 (1982). 11, The wastes generated in Minnesota can be divided into a number of categories based on their physical and chemical characteristics. The'pHho ipal ezggFi'le of Wastes generated in Minnesota are: a.) Heavy'metals and inorganic 'resiluals, This is the largest category and reflects the predominance of the electronic, primary metal, and fabricated metal product industries in Minnesota; b.) Solvents. Solvents of varying types are used by many varied industries for cleaning and manufacturing purposes; c.) Oils and greases. These wastes are generated by refineries which pro- duce petroleum products, service industries such as auto repair shops and .4- gasoline stations, and a broad spectrum of manufacturing industries which use machinery requiring lubrication or hydraulic equipment; d.) Paint•and organic residues '•orgariid''sllidgef and "stIllrUttomp(no oil)'.'and"organic'and'oily'"residoe'sT These are the major groupings of organic wastes (other than lube oils), and they have been aggregated here because these wastes can be managed in similar ways; e.) PCBeand PCB wastes. Although the amounts of PCB wastes being disposed of is insignificant when compared to the overall waste stream (approxi'lately 0.1%) this waste becomes important for two reasons: first, it is a highly controversial material; second, because of recent EPA regulations limiting future use of the material, a large quantity of PCB -containing materials which would not otherwise have been removed from service must be disposed of over the next seven years. l2. Transfe"r�s>:orage'facill:tips'aYe:'d�iitE�9'fy=�1oc�iea- afi�c 1i ite �i"cFii'd'e7� ;� the, ;col lection and"'sho"r£`term�stora"�e ofl'small;gquantalprofitfi'tiFd"o'ffWrM-z= multiple,iocptions-and then -thettranffh'fFAHVWtfies E ast-' oq$"fi�ie RID tion: A transfer -storage facility is a warehousing operation', and would re- semble any other small to medium sized comnercial warehouse. A single building with truck loading areas would be required. Materials would be brought in in drums or in bulk, analyzed in a laboratory located in same building, and stored for a short time with wastes of similar types. When a sufficient load is accumulated, it would be shipped out for processing or disposal. Some wastes might be "bulked" -- transferred into tanks on site. -for ease of storage, transport, and processing. In this case, the facility would include some small tanks, either inside or outside the building. 13. The:category. of. chemical':orrocessino`facili.. ...wid—nA, .4includes waste''31' IWrit"technoll+nies-includi„g, for example, distillation of spent solvents, hetlhini 6f WasfA h+' , GQUU,ealie°L.'.'n or aelds dna altglines, dewatering, carbon -5- adsorption, chemical oxidation, filtration, and biological treatment. ® 14. Due to the make-up of Minnesota's waste stream the types of chemical treat- ment facilities most likely to be developed in the state include treatment ficil- ities for solvents, oils, and aqueous wastes. 15. Incineration involves high temperatureconversion-efnhazardousvaste-toakYr products such as carbon dioxide and 'steaNr and'•ash residues. At an incineration facility, organic wastes are fed into a chamber where temperatures are maintained above 700 degrees centrigrade. Air is typically added to facilitate combustion. Exhaust gases are passed through scrubbers for cleaning and removal of harmful materials. 16. Hazardous waste incinerators are required to achieve a 99.99% destruction and removal efficiency for each principal organic hazardous constituent designated in its permit for each waste feed. 40 C.F.R. Fart 264 Subpart 0. 17. Environmental Protection Agency regulations for processing facilities require a primary containment device For all facilities which is designed to prevent leak- age and overflow for as long as the wastes will remain in the facility. An inspection program is also required to monitor any deterioration in the primary containment system so that repairs or replacement can be made before any releases occur; or failing that, to detect leaks before they become major or result in significant con- tamination. In addition, where the primary containment device is easily damaged and/or where inspection is difficult, a secondary containment device is required. See 46 Fed. Reg. 2808 (1980); 40 C.F.R. Part 264. 18. At closure, all hazardous waste and hazardous waste residues must be removed from the facility. Remaining containers, tanks, liners, bases, and soil containing 1 or contaminated with hazardous waste or hazardous waste residues must be decontamin-• ated or removed. See 40 C.F.R.§§ 264.178, 264,197, 264.228, 264.258 and 264.351. -6- 19. For processing facilities, proposed MPCA rules have containment and closure re- quirements which are essentiallly identical to the EPA regulations. 20. Existing MPCA rules provide -that: 1. No'person shall establish, construct,, or operate. & hazardous,wastecfaeiar in -'wetland, in'a floodplain or within shorelandt 2. No'person shall establish, construct or: operate -A-hazardous•wasto facility in a location where the topography; geology_jj-:hydrojogy,, ,:AAilxjs unsuitable for the protection of the groundwater:;andtthe.nunface�-Waten. 3. No.person shall establish;"consthilct b' ',opera'i;ei",. aza`F. o-Mga3W facility: in a location:where'such:activity;;would re§ult i114ettfi?;ft0di eir'66ntaminants causing violation of•the'aro6ienii"aii±"qualiiy'sfznda'�9 established:in-Minn. Reg. APC 1 (6 MCAR 5 4.001). 6 MCAR 4.9004B. 21. A`wetland is defined as "a natural marsh where water stands near, at or above the soil surface during a significant portion of most years, and which is eligible for classification as an inland"fresh water""wetland typ`e73 "4 or'& under U.S.' De- partment of Interior classifications." 6 MCAR § 4.9001B.44. 22. ShoreiaW is defined as "land located within the following distances from the ordinary high water elevation of public waters: (1) 1a"n"wlthi`r'1, D fee the;norinah high'.;water. mark :of.a.]ake pondor flowage;' andlan'ithin� Wfeet, of a river or'ste6am...." Minn. Stat. § 105.485 (1980). See 6 MCAR 's 4.9001B.38. 23. A floodplain is defined as "the'areas''aAjoining a WStercourse which-hE911feeit or hereaftffmay'be covered by the"'regional°'flood." The regional flood is a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 recurrence interval. Minn. Stat. § 104.02 (1980). See also 6 MCAR 5 4.9001B.I:. -7- 11. PREVIOUS SEARCH (STATEWIDE) A. Procedural 24. On November 10, 1980, the Board notified officials representing all local governments in Minnesota that the entire state was being searched for suitable areas for hazardous waste management facilities. 25. The Board recognized that widespread public involvement should be a central element in the siting process. Consequently citizens throughout the state were asked to participate and make recommendations regarding the development of siting criteria and the collection of data concerning each area. The Board began the process by holding over 60 meetings across the state to acquaint citizens with the issue of hazardous waste management and to ask for advice on what criteria the Board should use in selecting hazardous waste management sites. 26. Based on the recommendations from the public, the suggestions of technical consultants, staff, and others, and taking into account specific legal require- ments included in the Waste Management Act, the Board developed selection criteria and identified 60 "preliminary areas" across the state to study for possible inclussion on the omcrscinn farilihi`� : •- - .n�ciiwry. 27. Recognizing that some companies in the state might already be planning to develop processing facilities, or that existing facilities could be converted to process hazardous wastes, the Board advertised that it would consider sites volunteered by local governments -or private firms. Eleven sites were volunteered before the July 1, 1981 deadline. 28, During the summer of 1981 the Board held public meetings in or near the identified preliminary areas. The Board also collected information about the areas (such as land use, transportation access, natural features, etc.) from state agencies, local governments, and site inspections. Using the information -8- gathered from the public meetings and the various other sources, the Board evaluated the 71 areas (60 preliminary areas plus 11 volunteered areas) and on September 11, 1981 selected "proposed areas." 29. Formal public hearings were held on the proposed areas within the affected communities (November and December 1981). Based on the information contained in the hearing records, the Board then selected the eight Preferred areas out- side the seven -county Metro Area (April 1982). At the same time the Board also tentatively identified two preferred areas in the Metro- politan area. 30. The eight preferred areas identified in April 1982 are: Duluth (transfer/storage, incineration, chemical processing) Waite Park & St. Cloud Township (transfer/storage) Fergus Falls (transfer/storage.) Mankato and Lime Township (transfer/storage, incineration, them. process.) Owatonna (transfer/storage, chemical processing) High Forest Township (near Rochester) (transfer/storage) Willmar Township (transfer/storage) 31. Realizing that 3/4 of the stata'c hi7_winiie -.Ue �:. yu�crateu ill Lit 7-county Metropolitan Area, that there are substantial amounts of industrial lands in the Metro Area, and that a prime public concern is that processing facilities be located near the sources of generation, the Board voted to continue the search for preferred areas in the 7-county Metropolitan Area. B. Criteria Development 32. In initially developing criteria to identify areas during the first search, the Board used regulatory requirements, public recommendations, and advice from technical experts. r: -9- 33. At a round of public meetings held in January and February of 1981 the participants were presented with a list of suggested possible siting criteria. Almost 2,500 members of the public attended the second round of public meetings. 34. The participants were asked to discuss the suggested siting criteria and to suggest additional criteria. They were then asked to indicate the most impor- tant criteria for hazardous waste processing facilities. The four dominant evalua- tion factors identified in these public meetings were: (1) processing facilities should be near the source of generation of hazardous waste, (2) processing facilities should be on or near safe transportation routes, (3) processing facilities should be located in a manner so as to protect water quality, and (4) the use of land for a hazardous waste processing facility should be compatible with existing land uses and with any current land use plans. 35, In February of 1981 the Board retained Environmental Resources Management, Inc., to provide technical assistance to the Board in selecting processing inven- tory areas. In two working papers ERM analyzed a number of specific criteria which fue......:vje.S StcJ six pi'opused combinations of criteria for processing facilities to the Board. 36. As the first siting activity progressed there were numerous opportunities for public, agency, and technical comment on the factors used in evaluating the areas under consideration. 37.. The factors used to analyze and compare the proposed areas and select the preferred areas were as follows: 1st Level of Consideration Land use Transportation -10- (1st Level of Consideration, cont.) Hazardous waste processing network (geographic distribution) City services (sewer, water, fire) Proximity to city wells 2nd Level of Consideration Soil and aquifer conditions Surface water conditions (drainage, wetlands, ditches) Air quality (inversions, prevailing winds) Topography (slopes) 38. First level factors were given the greatest attention by the Board in com- paring the proposed areas. Second level factors were also considered by the Board but were given less weight than the first level factors. III, CRITERIA DEVELOPMENT 39, In developing criteria and factors for selection of areas within the Metropolitan Area the Board used essentially the same factors it used to select pre- ferred areas in the first search. The primary difference between the two searches is that the first search covered the entire state and, due to the size of the area under consideration, thb initial screening was done on a very general basis using mainly computerized data at a 40 acre resolution. The second search employed a much more intensive and detailed screening to identify potential areas. 40, Under Minn. Stat. 115A.10 the Board is required to "solicit the active participation of private waste management firms and shall so conduct its activities as to encourage private permit applications for facilities in the state." 41. In addition to relying on information gained during the previous search, the Board also conducted a survey of industries that operate commercial hazardous waste processing facilities in ^ states. These industries were asked to identify the 010 characterlw, � L,Wy wDald look fop in prospective. sites for new development. Eleven industries were surveyed. Their responses were mixed but generally indicated a preference for sites in industrial areas with city sewer access, and access to maicr transportation routes. These concerns corresponded with factors previously used by the Board for selection. 42. In both the statewide and Metro Area searches the Board initially developed criteria which were applied to the entire study area. Application of this criteria resulted in the identification of "preliminary areas." The Board then selected factors that would be used in comparing the preliminary areas and selecting the most suitable of those areas to be "proposed areas". 43. Proposed areas in the Metropolitan area are subject to public hearings. Following these hearings the Board will again select the factors to be used in comparing the *proposed areas and selecting final "preferred areas." 44. The factors to be used in the final selection will be based on the factors used to select proposed areas and incorporate any additional factors that may be raised at the hearings, as appropriate. IV. PRE L'fMiWY-'ICRITER IAI 45. The"cri'terid`6ied'to identify preTiminary ^areasgWpre dill ltRitfn"to and16pti6h6l criteria. Mandatory cr'i'£er'ia include's'ie�fic -thfe's'hol-d WytMW be K#t'%in"each'case,. Optional"criteria`lindicated'tho4'A�cohdi$io s Wad . preferred but not required. Optional criteria were applied as listed, in descend- ing order of importance. (See Findings 46-91) 46. The criteria used to identify preliminary areas in the Metropolitan Area were adopted by the Board on July 8, 1982 and are as follows: 4 -12- CHEMICAL TREATMENT'ANO;TRANSFER/STORAOi9 Mandatory,- Avoid shorelands, floodplains and protected wetlands Area must be planned or zoned for industry Area must have city sewer service available or access to receiving stream within l mile Area must be within 2 miles of a 9-ton industrial route Optional - 1. Prefer existing or planned compatible industrial development (i.e., chemical related, manufacturing, plating, oil storage, etc.) 2. Prefer close access to major roadways: a. within 2 miles of an interstate or b. within 1 mile of a major 2-lane or 4-lane 9-ton industrial route 3. Prefer areas;which proVid-eblffe—ANrrom''iii j or.�re devkJopmeatt 4. Prefe"r.-soil,;and a ui'fed"bon'dittII that-offonM`I5UM. protection'-`ove"r.16esn' INCINERATION MrMt'ory, - Avoid shorelands, floodplains and protected wetlands Avoid areas which are planned or zoned for light industry Area must have city sewer service available or access to receiving stream within 1 mile Area must be within 2 miles or a 9-ton industrial route Area must provide a buffer from major residential developments 0 ftro nale - 1. Prefer existing or planned compatible industrial development (i.e., chemical related, manufacturing, plating, oil storage, etc.) 2. Prefer close access to major roadways: a. within 2 miles of an interstate exit or b, within 1 mile of a major 2-lane or 4-lane 9-ton industrial route 3. Prefer soil°and-,aquifer'conditidns'th$t`offeMHURT profW tion -oVer:'that"desi Jned :into'+t6erfacil ity. -13- A. Mandatory Criteria 47. Avoid shorelands, floodplains and protected wetlands was a mandatory factor for chemical treatment, transfer/storage and incineration areas. 48. Statutory requirements -- Under Section 115A.09 the Board must consider the consistency of a site with State and Federal regulations. The Pollution Control Agency's (PCA) hazardous waste rules provide that hazardous waste facilities shall not be located in shoreland, floodplains and wetlands. 6 MCAR i 4.9004B.1. In addition, excluding shoreland, floodplains and wetlands provides protection for some natural resources. Protection of natural resources is also a factor which must be considered by the Board under the Waste Management Act. 49. A major issue raised at the public meetings was concern for protection of water quality. The prime threat to water quality from a hazardous waste pro- cessing facility is the chance of accidental spills. By locating a facility away from a shoreland and the chance of a spill running into a water body (and adversely affecting water quality) is diminished. 50. Area must be planned or zoned for industry was mandatory for chemical treatment and transfer/storage areas. 51. Statutory requirements -- Requiring that only land which has been planned or zoned for industry be considered for hazardous waste processing facilities addresses several criteria which the Board must consider. The use of industrial land helps to insure that the facility will be consistent with local land use and land use controls, and will be consistent with existing and future development patterns. Giving preference to industrial areas help to ensure that the services appropriate to a hazardous waste facility will be available and that the processing facilities -14- will be buffered by other industrial land uses. In addition, the use of industrial lands should help to protect agriculture resources since land in an industrial park has already been committed to a non -agriculture use. 50. One of the four main concerns of the citizens for hazardous waste process- ing facilities was that the facility be consistent with local land use. By util- izing industrial lands the Board is assuring, to the greatest extent possible in a regional screening process, that the locations will be consistent with local land use. 52. Avoid areas which are planned or zoned for light industry was a mandatory criteria for incineration facilities. 53. In 1982 the Board and staff visited numerous hazardous waste facilities (both processing and disposal) in other states. It was found that many of the processing facilities are located compatibly in 'light" industrial areas. 54. The industry representatives surveyed (see #41) indicated that while many treatment facilities are compatible with "light" industry incineration is gen- erally viewed as more compatible with "heavy" industrial uses. 55. The definition of "heavy"and "light" industry is not standarized among communities. Many communities do not differentiate between industry type at all. However, for those that did specify light industry (either planned or zoned) the board avoided such areas for incineration designation. 56. Area must have city sewer service available or access to receiving stream within one mile was a mandatory category for chemical treatment, transfer/ is storage and incineration' :ilities. -15- 57. Statutory requirements --Under Section 115A.09 the Board must consider "other services appropriate to the hazardous waste facilities." Based on information from the waste management industry representatives, sewer service or at least a receiving stream that could receive affluent from on -site treat- ment facilities is a service required by some processing facilities. 58. Areas that are sewered are generalJy.areas where local governments intend to direct further development and by concentrating on sewered areas, there is greater conformance to the existing and planned development patterns of the community. 59. Area must be within 2 miles of a 9-ton industrial route was a mandatory cate- gory for chemical treatment, transfer/storage and incineration facilities. 60. Industrial route was defined as any 9-ton route or any route specifically identified as a truck route by the local government authority. 61. Statutory requirements --Under Section 115A.09 the Board must consider trans- portation. 62. Both in public comments and in the survey of management industries, trans-, portation access to a facility was noted as an important consideration. 63.. Area must provide a buffer from major residential developments was a mandatory category for incineration facilities. A buffer from major residential development was an optional condition for chemical treatment and transfer/storage facilities. 61, �r�ees3were,cons:del�xo,�e=by�ffg�dfi! -16- a.) There were large industrial areas where existing industrial land could, i be used to buffer any nearby residential areas; b.) Residential land occupied only 2 or 3 sides of an industrial area so that development could take place near the non-residential side; c.) Industrial areaswhich were divided from residentail areas by other land uses such as cemetaries, parks, highways, natural barriers; or d.) There is no residential areas near the industrial area or only scattered residences near the industrial area. 65. Statutory requirement --Providing a buffer from major residential developments reflects the local land use and land use controls of the area, as well as the existing and future developmental patterns in the area which must be considered pursuant to Section 115A.09. 66. Providing a buffer from major residential developments also reflects the concern of the public that the areas be consistent with local land use. 67. Because incineration is often viewed as a "heavy" industry the Board felt that industrial areas that had some buffer from major residential develop- ments would be viewed as more acceptable by local residents. Transfer/storage and chemical treatment facilities can be considered "light" industry and would not require as much buffering for aesthetic purposes. B. €00tidnalIGF,d•tertm 68. Prefer existing or planned compatible industrial development (i.e. chemical related, manufacturing, plating, oil storage, etc.) was the first optional criteria for chemical treatment, transfer/storage, and incineration areas. 0 .17- 69, Statutory requirements --By focusing attention on the type of industrial devel- opment existing or likely to occur the Board was considering the areas consistency with local land use and land use controls and existing and future development patterns. 70. This criterion reflects the concern of the public that the areas be con- sistent with local land use. 71. Many so-called industrial areas in the Metropolitan Area contain primar- ily offices. Nearly all industrial areas include some office buildings within them. In evaluating each potential area, the existing mix of office and other industrial -type uses were assessed and areas that showed a predominance of manufacturing, chemical related, warehouse, storage, etc. were preferred over areas that were primarily office or retail establishments. 72. Prefer close access to major roadways: a.) Within 2 miles of an interstate exit, or b.) Within 1 mile of a major 2-lane or 4-lane 9-ton industrial route was the second optional criterion for chemical treatment, transfer/storage, and incineration areas. 73. This criterion was a refinement of the mandatory criterion regarding distance to an industrial route. This was designed to further narrow the areas which met the mandatory transportation criterion to those areas which had better access. 74. This criterion' meets the statutory requirements and public concerns discussed in Findings 60-61. -18- 75, Prefer soil and aquifer conditions that offer natural protection over that designed into the facility was the 4th optional criterion for chemical treat- ment and transfer/storage facilities and the 3rd optional criterion for incin- eration. 76. Both the Minnesota Pollution Control Agency (MPCA) and the Minnesota Geolo- gical Survey (MGS) advised the Board that soil conditions are not critical for hazardous waste processing facilities due to the requirements for full contain- ment of materials on site. The MPCA stated that while heavy textured subsoils are preferred due to the impermeable nature of such soils, other soils should not be automatically considered unsuitable. The MGS noted that contact between the soil and hazardous materials would occur only if and when the man-made con- tainment structure failed and this contact would only exist until clean-up procedures were complete. 77. Statutory requirement -- This criterion addresses the statutory require- ment for protection of natural resources. V. APPLICATION OF CRITERIA 78. The Waste Management Board hired Damon Farber and Associates and E.A. Hickock and Associates to gather the data needed to apply this criteria to the 7-county Metropolitan Area. 79. A letter requesting current land use plans, zoning maps and existing land use maps was mailed to communities within the Metropolitan Area. -19- 80. Land use information for communities which did not respond to the request for material, was obtained from the appropriate counties or from the Metropoli- tan Council. 81. On a series of overlays, all zoned, planned or existing industrial land was mapped for the 7-county area. Two hundred eighty-six industrial areas. were identified. 82 All 9-ton roads and "truck routes" were mapped for the 7-county area using information from the Minnesota Department of Transportation (Mn/DOT), county highway departments and some city highway departments. On an overlay, all areas over two miles from the identified roads were marked out. 83. Using information on Metropolitan Waste Control Commission (MWCC) inter- ceptors taken from the Metro System Inventory 1977, the availability of sewer to each industrial area (either zoned, planned, or existing) was noted. 84. Using land use plan maps, zoning maps and existing land use maps, the land use surrounding each industrial area was noted (including the general density of residential development). 85. Using this information, the mandatory criteria was applied (except for avoidance of wetlands, shorelands and floodplains which was applied later). Approximately 124 industrial areas were identified 86. Planned, zoned and existing industrial areas were combined when they overlapped which considerably reduced the total number of areas under consider- ation. Boundaries were drawn to include the outer limits of the combined -20- areas so that portions of the entire area were either zoned, planned, or exist- ing industry but not necessarily all three. 87. The remaining areas were transferred on to aerial photos taken in April 1980 88. Three teams of two inspectors each toured all remaining areas noting speci- fic land use within each area and providing a general description of surround- ing land uses. 89. Floodplains, protected wetlands and shorelands were outlined on each aerial photo and confirmed in site tours. 90. Generalized soil and aquifer conditions for each area was noted using soil information from county soil surveys prepared by the Soil Conservation Service and water well information from MGS. 91. The optional criteria was applied to the remaining areas in the pre- scribed order. VI. PRELIMINARY AREAS 92. Twenty eight (28) preliminary areas were identified. 93. On September 23, 1982 the Board adopted the 28 preliminary areas. 94. Notice was mailed to each of the affected communities September 24, 1982. n -21- 95. Press releases concerning the preliminary areas were sent to local news- papers, TV and radio stations in the Metro Area. A press conference was also held after the Board's action to adopt the preliminary areas on September 23, 1982. 96, Meetings to brief local officials of affected communities on the Board's action were held in October 1982. A total of 45 meetings were held. Communi- ties were invited to participate. 97, Public meetings to discuss each of the preliminary areas were held during November 1982. A total of 11 public meetings were conducted. 98. The Board staff contacted each affected community and asked to meet individ- ually with the city staff. Meetings between the staffs were held for all but 2 communities. Two cities, Inver Grove Heights and Shoreview, declined to meet with Board staff. 99. The Department of Natural Resources (DNR) Natural Heritage Program main- tains records of areas which are reported to be habitat for rare or endangered plant and animal species or unusual land formation or other natural elements that are considered significant or unique to Minnesota's environment. This agency was asked to review and comment on each of the preliminary areas. 100. The DNR Natural Heritage Program noted only two elements within or near the preliminary areas. These elements were in the Savage Area and near the Shakopee area. 101, The..DNR Division of Waters reviewed each of the preliminary areas and noted all protected waters within or near the areas. .22- 102. The MWCC provided information concerning the availability and capacity of. sewer for each area. 103 Mn/DOT reviewed the access to each area noting the state highways serving each area, their functional classification, railroads serving the area, and any problems. or proposed highway projects associated with the area. 104. Site inspections of the preliminary areas were done by Board staff. These site inspections provided more detail about specific land uses within each proposed area than the first site inspections that were done. 10S.The Minnesota Historical Society reviewed all preliminary areas and provided information about historic sites within or near the areas. 106. On September 24, 1982 the Board advertised for volunteer•sites as done previously in the statewide search for preferred areas. 107. On October 12, 1982 the Board received a volunteered site from Michael G. Kasson Jr. The site was located in South St. Paul 108. On October 27, 1982 the Board adopted the volunteered site as a preliminary area in order that it could be studied further, along with the other 28 prelim- inary areas. 109. On November 309 1982 the Board received a letter from Michael G. Kasson Jr. withdrawing the volunteered site. -23- ® 110. On December 17, 1982 the Board removed the site from further consideration. 111. On November 4, 1982 the Board identified those ' edji,L.tthe5colnparis'oit of the?pfilimina�lyarfrealxilt o' areM The factors were: Existing industrial development Planned industrial development Availability of sewer (or receiving stream) and water supply Transportation access Proximity to residential development soil & aquifer conditions Protection of city wells or water supply intake Proximity to natural areas, parks, historic sites - prefer^manU'Eaci'OFi.fig"�'i�tlt�5tora�e7i.ndast iFdastrdeMsiWMzM=%aterfaIA- - prefei•,�:areas"'pleFiried:;fo�indu's`i"r.�"a1"�eve1 p�m iita -''prefer.+areas VRIBYM 15 ewv.turr.0 aV Va'SR :'7�plR'ni•Sifff4(9ti . e 2p�0 �„Vuu V C»....._..__.._..,,. - prr krrha arest�+gc,gY$ transport - ououF"u e - re a ear'kha a s i ndi (either by having a large industrial area, scattered residential development, or other development or open space between residential and industrial development). - Prefer CA.ttd�t 9_ngth LtRtiOt j`✓ �;% 4 2tc��ihaxydasi�n{ � •• , , - Aprefer'xar,�s"wlitth'`;fiSi'diiiif"s w cTi'�"l�i W�Ttl �protedt=�we�.l"s arid'�ivaidFB"IIppl�. - prefer,areaswhich_avoidDlatur3T perli"s=a" 'sites. 112. The factors were not applied in any preferential order. ' 113. All factors (except proximity to natural areas, parks, historic sites) were a reapplication of criteria used previously. All preliminary areas were considered to have met the threshold criteria used in the first evaluation. -24- 114. Comparison of the preliminary areas meets the statutory requirement that the Board consider the quality of other potential areas when evaluating areas. (115A.09) 115. In concerning each factor was supplied to the Board on fact sheets. Existing industrial development 116. Information about existing industry in the areas was obtained from the two site visits done by consultants and staff and from city staffs in some cases. 117• Selecting areas that have more compatible existing industrial uses addresses the following statutory and publicly suggested factors: Statutory: a) Consistency with local land use and land use controls b) Existing and future development patterns c) Location of hazardous waste generators Public: a)compatibility with local land use and land use plans Planned industrial development 118. Information concerning this factor was obtained from local land use plans, zoning maps, and in many cases, from city staffs. 119., Preferring those areas planned for industrial development addresses the following statutory and publicly suggested factors: Statutory: a) Consistency with local land use and land use controls b) Existing and future development patterns -25- If. Public: a) Compatibility with local land use and land use plans Availability of sewer (or receiving stream) and water supply 120. The availability of sewer or receiving stream was a recheck of mandatory category applied previously. Areas without sewer or receiving stream were to be eliminated from consideration in the application of the initial criteria. However, the first analysis had to rely on general sewer availability information. This information was checked by the MWCC (and with individual cities in many cases) and reapplied. The availability of water supply was an issue added to the analysis at this point. 121. Thies factor addresses, the fviiiii:rig concerns: Statutory: a) Other services appropriate to the hazardous waste facilities b) Protection of natural resources Public: a) Protection of !later .^,ualay Transportation access 122. This information was supplied by Mn/DOT and augmented by city staff informa- tion, in some cases. 123. This transportation access factor addresses the following concerns: Statutory: a) Transportation access -26- Public: a) Safe transportation routes Proximity to residential development 124, This information was obtained from aerial photographs, the 2 site inspect tions of each area, zoning and land use plan maps, and city staff information. 125, This factor addresses the following concerns: Statutory: a) local land use and land use controls b) existing and future development patterns Public: a) compatibility with local land use and land use plans Soil and aquifer conditions 126. An analysis of surface and subsurface conditions was done by Board staff geologists. 127. The soils (0-69" depth) present at the area have been mapped by the USDA Soil Conservation Service. Using this work, areas of clay -rich soils were distinguished from those without significant clay content, 128. The logs of existing water -wells were examined and, general comments based on this review were made. The examination of these records concentrates on the depth at which significant water usage occurs, how much and what type of materials exist between the surface and the aquifer, and what potential exists forisolation of the aquifer from surface activities. -27- 129. The soils/aquifer factor addresses the following concerns: ® Statutory: a) Protection of natural resources Public: a) Protection of water quality Protection of City wells or water supply intakes 130, Locations of wells were obtained from MGS well log files, Department of Health files and city comprehensive plans and maps. 131.71ie'ypre'Bence=ofc1ty,;we].15,3Arlfat2lt�3roTyJkilPC9i'>tloe ec make7An?1'ttxea_unacceptab"1e� Rtitfi�'th�Ephesencg�ofgidehtydf�'fer�IAW be':consi'�etenral;ofil5.wi't1i"•'tfie 3e"'p�hyo�F.��"e"'wel'lJ;�g'ene"Ai;4�'fdPo�'Ra"ph ® surface;and;,,ubsur,.facercondifidn'S'.and:directio .o gr n wat er Addition- ally, processing facilities must retain all materials on -site and any contact of It .materials with the soil would be due to accidents and on a short-term basis. /,' i�� �•/f Lewd-.-. r 132. This factor addresses the following concerns: Statutory: a) Protection of natural resources Public: a) Protection of water quality Proximity to natural areas, parks, historic sites 133. Information about this factor was obtained from the DNR Natural Heritage ' Program, the Minnesota Historical Society, land use plans, zoning maps, city park plans, site tours, and city staffs. -28- 134. This factor addresses the following concerns: Statutory: a) Protection of natural resources Public: a) Compatibility with existing land uses VIII. SELECTION OF PROPOSED AREAS 135. In a 2-day Board meeting on December 16 and 17, 1982 the Board reviewed each preliminary area using fact sheets and maps supplied by staff. Board staff reviewed each area verbally, discussing each factor for each area. 136. Representatives of the affected cities and residents were invited to address the Board following the staff presentation for each area. 137. Fact sheets and notice of the Board meeting to select proposed areas was mailed to each affected community prior to the meeting. 138. Following the selection of proposed areas, a press conference was held to announce the proposed areas (December 17, 1982) and a press release was issued. Notice of the decision was sent to affected communities on December 21, 1982. 139. All preliminary areas were discussed with the Board and public comment was taken. Following that, all of the areas were briefly reviewed again and the Board voted to tentatively accept or eliminate each area. The tentative deci- sions were Later confirmed by formal resolution. n -29- 140, All factors for all preliminary areas were discussed with the Board. Dis- cussed below however, are only those factors emphasized by the Board in its deliberations. Burnsville 141. City wells for Burnsville are approximately 3 miles away from the prelimin• ary area. However, the City of Burnsville has expressed concern for city wells in Savage (located over a mile to the northwest of the area) which they feel may be downstream from the area in the groundwater flow. 142. The northwestern portion of the area (west of Burnsville Parkway and north of Highway 42) is proposed for residential. development. The city intends to form u in than area by impounding storm water runoff. The northwestern edge of the area is proposed to be rezoned from industrial to RM (medium density residential). There is also a proposal to rezone a portion of the area south of Highway 42 and west of Burnsville Parkway from industry to PUD. The remain- der of the area is shown for continued industrial park development. The City is preparing a report on the industrial area south of Highway 42. This report recommends promotion of "high quality, high technology" industry and to create a "campus atmosphere" in the industrial area. 143. The majority of the soil types on -site do not have the clay content that enhances facility operation. The map shows a "patchy" pattern of soil varia- bility which is similar to the glacial geology of the area. The largest areas of soil without the clay content are the Estherville and Manick Series which form over sandy and -gravelly surfaces. There is also a large area of organic soil. (peat) in the northern portion of the site. There are many areas within -37- of the area) is planned by MnDOT for letting in December 1982. 180. :The'•8laine area was not adoptetlf5f:.r''proposed-&1ft 181. The area contains extensive industrial development with a variety of small industrial operations in the northern portion of the area. In the southern part of the area, larger industries such as Carter Day, Onan, Pennzoil, and Medtronic are located. Ffedt'ro"nic_is'"a hat36ddur^hfz dous:wa �cili�ty wH%h=man"ufacture's"=etec�'roriic o`mponents r�tes.�sTtvent,55tf. 1e 2__t'I .-a...r•Lt..n.4.....w.1 •. r.4.r.,w-a.:q'.. �.rn': friw? iFnnlST I at. 111.N 116ic Cii O,Y;- Yll1•Q .:a f, 4t_YII4ii.YVJ.ca..n4u �caa• vl•. .JNV..LL.•. 182. rTfieiaYea�i.s �on�,d M=2 (heBVy�lfltlustry:} pd�c t, MshglMtiWIVA 8evetopmentafol'mosttroT� the areilL 'City^o'ffW`a i. diff-tOWidthe`"i-�►'bf.'til@k'8 portiori''of'tlie "area"fe' a' Tazn(muge7dMIMMMIMM rrreai'that;h`as�poor°soil"s`�andrwazer .i:aBi'c,�Cnditiens, ipbFtions�3f"tfiis a�io area�are i`nfend'edfo"reVentiial +r' es"�dentia1 developn�'r� with the rest planned for commercial and industrial development. There is vacant industrial land within the area. 183, 'Since tFieicitfi' has�a=n 6e ''oi •laF'ge:iAdes'trieM fd:has7had'-pro`b e�'""mT�, mishaHdlednwa'"she' 1'the:pa's.t';'<'the+ deare'ficduraged"tfir'ci'tyao wd"r(Cwiihm •Boar`d`in'td'evi"sing�an a1te"r"haifve'ki�'the• rea's"'ands'r"Tcbii'sfder3if'on"�were''�'6ti . __ . �ccep£ablM6IM%i.ty3 184• The'lRo.ardadopted:fridley�bsle'proposedFea�'.oP.BtCar1 fS/st4Cppfii dhemTtrl`areatment�.With::d1"rectlo�i='tc`: ekpTo>'e3p'64S'f b1 e3'�1�eFria"£{�e's�4Til�lfl� a.ci.tyz 4 MEMO TO: Mayor and City Council FROM: Clerk -Administrator DATE: March 9, 1983 SUBJECT: RAMSEY COUNTY GRAVEL TAX ORDINANCE AND DISTRIBUTION FORMULA Attached please find correspondence received from the Ramsey County Department of Public Works on February 17, 1983 regarding the referenced subject matter. This information was forwarded to Finance Director Brager and Director of Public Works/Community Development Johnson, with the attached memo dated February 23, 1983 requesting their input into the proposed formula for distributing gravel taxes collected by Ramsey County to the municipalities within the County. Staff evaluation of the information submitted by Ramsey County reveals that the proposed distribution formula is identical to that outlined in Minnesota ,Statutes 383A.16, Read and Dridge Fund. Staff found no reason on which to base any objections to the proposed distribution formula and, therefore, would recommend that the Council offer no comment to Ramsey County on this matter. DFP/pf ' , Attachments MEMO TO: Finance Director Brager Director of Public Work FROM: Clerk -Administrator DATE: February 23, 198 SUBJECT: RAMSEY COUNTY GRAVEL FORMULA ty Development Johnson ORDINANCE AND DISTRIBUTION Attached please find a memo from Ramsey County Director of Public Works, Ken Weltzin, regarding his department's proposal to the Ramsey County Public Works Committee for distribution of gravel tax revenues from the aggregate removal tax ordinance recently adopted by the County, as authorized by legislation adopted by the State Legislature in 1982. I have reviewed Mr. Weltzin's correspondence and determined that the formula for tax distribution which he refers to would be the same as that presently used for the distribution of road and bridge fund monies. My initial reaction is that I see no reason to object to this formula, however, I would appreciate your comments prior to it being presented to the City Council for their review. DFP/pf Attachment Ramsey County I)EPARTMENI' OF PUBLIC WORKS 167 Courthouse St. Paul, Minnesota 55102 (612) 298.4127 RAMSEY COUNTY MEMORANDUM N `r FF:B To: All Municipalities °' RLCL!iI.J C' CRY OF From: Kenneth E. Weltzin f�7 WSMOUNDS VIFvi Subject: Gravel Tax Distribution �Z111�G% Date: February 16, 1983 KENNETH E. WELTZIN Director and County Engineer PHYLLIS F, SPECKER Administrative Assistant Attached is a copy of a resolution which this department will present to the Public Works Committee with a request that it be reconmended for County Board adoption. ' The gravel tax legislation, which mandates in part that counties impose a production tax on the removal of aggregates from pits, quarries, or deposits, and that 30 percent of the receipts be distributed to the municipalities within the county, does not define a method for apportioning receipts to the municipalities. This department has conferred with the Executive Director's Office and the Department of Taxation and has agreed that the formula set forth in Laws of Minnesota 1977, Chapter 402, concerning the apportionment of certain county funds to the municipalities is a fair and equitable method of distribution. This is the formula we are recommending to the Public Works Committee and County Board. If you have any comments concerning this formula for distribution, please submit them to me in writing by Thursday, March 3, or if you prefer you may appear at the Public Works Committee meeting to voice your opinion. The next Public Works Committee meeting will be held at 7:30 a.m., Monday, March 7, Room 356, City Hall and Courthouse. The total anticipated revenue from the gravel tax for 1983 is $59,500; the 30 percent to be distributed to the municipalities is estimated at approximately $18,000. Based on this estimated amount and our proposal, we have prepared a statement showing estimated revenue to the municipalities, pfs:js Att: Suggested Resolution Estimated Revenue Sheet Resolution 82-879 ' CC: Comnissioners ..400.4 Resolution Board of ,'TamseJr. GOun y GOmm1SS10nerS Presented By Date No Attention: WHEREAS, The 1982 State Legislature enacted legislation mandating counties to impose a production tax on the removal of aggregates from pits, quarries, or deposits within the counties; and WHEREAS, County Board Resolution 82-879 approved the Ramsey County Aggregate Material Removal Tax ordinance; and WHEREAS, The ordinance provides that all moneys collected as taxes under this ordinance shall be deposited in the county treasury and credited Go percent to the county road and bridge fund, SO percent to the road and bridge fund of those towns as determined by the County Board and to the general fund or other 1 designated fund of those cities as determined by the County Board, and 10 percent 1 Lo a special reserve fund; and WHEREAS, The law does not define how the JO percent distribution to munic- ipalities shall be apportioned; dnd WIIEREAS, IL is determined that a formula similar to the annual appropriations a ; to the municipalities mandated in 1,aws of Minnesota 1977, Chapter 402, is a fair � �A 16! and equitable method; Now, Therefore, Be It aYaap RESOLVED, That the Board of Ramsey County Commissioners hereby adopts a i formula for the distribution of gravel tax revenues to sey as thennumberty lofpmileses of 70 percent prorated to the municipalities in proportion of roads inside and maintained exclusively by each municipality bears to the total number of miles of roads inside the county and maintained exclusivelyby the the assessed and io percent to the y forlpalities taxation inothetionately municipalities; and Be It assessed valuation of all property Further i RESOLVED, That on or about December 15 of each year, the county will drse from the trust fund estaablished forby t thishis purpose, to the municipalities, gravel tax revenues due as app , i By WARREN W. SCNABER, ChaZA-• e - County oa • Distribution of Gravel Tax Formula - Laws of Minnesota 1977, Chapter 402 Based on 1982 Aid to Municipalities Street Mileage Maintained By Municipalities Assessed Valuation 70% Collection 30% Collection Taxable Total Municipality Miles Percent Amount Value Percent Amount Distribution Saint Paul 787.00 56.7640 7,152.26 1,524,248.837 54.225 2,928.15 10,080.41 Arden Hills 25.81 1.8616 234.56 70,875.350 2.521 136.14 370.70 `81ai llr 2.00 .1442 18.17 163.683 0.006+ .33 i8.50 Falcon Heights 11.23 .8109 102.17 29,181.704 1.038 56.05 158.22 Gem Lake 0.63 .0454 5.72 4,763.712 0.170+ 9.18 14.90 Lauderdale 4.21 .3036 38.26 12,174.725 0.433 23.38 61,64 Little Canada 17.22 1.2420 156.49 43,797.785 1.558 84.13 240.62 Maplewood 87.79 6.3320 797.83 222,244.809 7.906 426.92 1,224.75 Mounds View 31.52 2.2734 286.45 57,382.754 2.041 110.21 396.66 New Brighton 63.75 4.5981 579.36 134,612,646 4.789+ 258.61 837.97 North Oaks 31.00 2.2359 281.72 42,558.043 1.514 81.76 363.48 North St. Paul 39.56 2.8533 359.53 55,895.789 1.989+ 107.41 466.94 Roseville 104.36 7.5271 948.41 297,425.292 10.581 571.37 1,519.78 Saint Anthony 2.63 .1896 23.89 19,581.470 0.697+ 37.64 61.53 Shoreview 51.98 3.7491 472.39 109,204.948 3.885+ 209.79 682.18 *Spring Lake Park 591.375 0.021 1.13 1.13 Vadnais Heights 21.93 1.5817 199.29 35,088.560 1.248 67.39 266.68 White Bear Lake 78.41 5.6554 712.58 116,676.493 4.151+ 224.15 936.73 White Bear Town 25.41 1.8327 230.92 34,482.421 1.227+ 66.26 297.18 Total 1,386.44 •100.0000 12,600.00 2,810,950.396 100.000% 5,400.00 18,000.00 *Not eligible for aid for road construction and maintenance. 5?amsey Resolution Board of Count Commissr'oners ,ented By Commissioner Norgard Date November 22, 1982 No. 82-879 .ention: Budget 6 Accounting; tzin, Public Works; MICA; Page 1 of 4 RESOLVED, That the Board of Ramsey County Commissioners hereby approves the Ramsey County Aggregate Material Removal Tax Ordinance which imposes a production tax on the removal of aggregate material from pits, quarries, or deposits located within Ramsey County; establishing reporting requirements; providing penalties for noncompliance; and providing for the distribution of revenues collected under the Ordinance as follows: ORDINANCE RAMSEY COUNTY AGGREGATE REMOVAL TAX ORDINANCE An ordinance imposing a production tax on the removal of aggregate from pits, quarries, or deposits located within the County; establishing reporting ' requirementsj providing penalties for failure to comply with the provisions of this ordinance; and providing for distribution of revenueb collected under this ordinance, pursuant to Minnesota Laws 1980, Chapter 607, Article 19, sections 5-6 and Minnesota Laws 1981, First Special Session, Chapter 1, Article 10, sections 17-19 as amended by Minnesota Laws 1982, Chapter 523, Article HIT, sections 1-4. THE COUNTY BOARD OF RAMSEY COUNTY ORDAINS: 1.00. DEFINITIONS. The follcwinq words and phrr.ses, when used in this ordinance, unless the content clearly indicates otherwise, shall have the meanings given them in this section. 1.01. "County" shall mean the County of Ramsey. 1.02. "County Board" shall mean the Ramsey County Board of Commissioners and their authorized representatives. 1.03. "Aggregate" shall mean non-metallic natural mineral aggregate including, but not limited to, sand, silica sand, gravel, building stone, crushed rock, limestone, and granite. Aggregate shall not include dimension atone and dimension granite. 1.04. "Person" shall mean any individual, firm, partnership, corporation, organization, trustee, association, or other entity. (continued) ROBERT J. ORM, Chairman By e ch - County Bomd Page ? of 4 1.05. "Operator" shall mean any person engaged in the business of removing aggregate from the surface or subsurface of the soil, for the purpose of sale, either directly or indirectly, through the use of the aggregate in a marketable product or service. 1.06. "Extraction Site" shall mean a pit, quarry, or deposit containing aggregate and any contiguous property to the pit, quarry, or deposit which is used by the operator for stockpiling the aggregate. 2.00. IMPOSITION OF TAX 2.01. A production tax on the removal of aggregate from pits, quarries, or deposits located within this County is hereby imposed. The rate of tax shall be ten (10) cents per cubic yard or seven (7) cents per ton of aggregate removed. 2.02. Any operator who removes aggregate from a pit, quarry, or deposit located within this County shall pay a production tax thereon. The tax shall be imposed when the aggregate i3 ans rEv frvm lie exiraction site, lte, pCOVldeci however, that when in the case of storage the stockpile is within the State of Minnesota and the highways are not used for transporting the aggregate, the tax shall be imposed when the aggregate is sold. 2.03. In the event that the aggregate is transported directly from the extrac- tion site to a waterway, railway, or another mode of transportation other than a highway, a road, or street, the tax imposed by this section shall be apportioned equally between the county where the aggregate is extracted and the county to which the aggregate is originally transported. If that destina- tion is not located in Minnesota, then the county where the aggregate was extracted shall receive all of the proceeds of the tax. 3.00. REPORTING REOUI.REN.ENTS 3.01. By the 14th day following the last day of each calendar quarter every operator shall make and file with ':ha County Auditor a correct report under oath, in such form and containing such information as the Auditor shall require relative to the quantity of aggregate removed during the preceding calendar quarter. The report shall be accompanied by a remittance of the amount of tax due. If any of the proceeds of the tax are to be apportioned as provided in section 2.03, the operator shall also include on the report any relevant information concerning the amount of aggregate transported, the tax, and the county of destination. The County Auditor shall notify the County Treasurer of the amount of such tax and the county to which it is due. The County Treasurer shall remit the tax to the appropriate county within 30 days. 3.02. If any operator fails to make the report required by section 3.01 or files an erroneous report, the County Auditor shall, by the fifth working day after the date the report became due, determine the amount of tax due and notify the operator by registered mail of the amount of tax so determined. An operator may, within 30 days from the date of mailing the notice, file in the office of the County Auditor a written statement of objections to the amount of taxes determined to be due. The statement of objections shall be deemed to be a petition within the meaning of Minnesota Statutes Chapter 278, and shalt be governed by sections 278.02 to 278.13. �+ Page 3 of 4 4.00. VIO141TIONS AND PENALTIES 4.01. Failure to file the report shall result in a penalty of 65 for each of the first 30 days, beginning on the 14th day after the date when the County Auditor has sent notice to the operator as provided in section 3.02 during which the report is overdue and no statement of objection has been filed. For each subsequent day during which the report is overdue and no statement of objection has been filed, a penalty of $10 shall be assessed against the operator who is required to file the report. The penalties imposed by this section shall be collected as part of the tax. If neither the report nor a statement of objection has been filed after more than 60 days have elapsed from the date when the notice was sent, the operator who is required to file the report is guilty of a misdemeanor. 4.02. It is a misdemeanor for any operator to remove aggregate from a pit, quarry, or deposit unless all taxes due under this ordinance for the previous reporting period have been paid or objections thereto have been filed pursuant to section 3.02. 5.00. DISTRIBUTION OF REVENUES nev q,n_1. A1.1 mnn rnllar�.A as YAYAQ nndnr this ordinance shall be deposited in the county treasury and credited as follows, for expenditure by the county board: (a) Sixty (60) percent to the county road and bridge fund for expenditure for the maintenance, construction and reconstruction of roads, highways and bridges; (- (b) Thirty (30) percent to the road and bridge fund of those towns as determined by the county board and to the general fund or other deaignrted fund of those cities as determined by the county board, to be expended for maintenance, construction and reconstruction of roads, highways and bridges; and (c) Ten (10) percent to a special reserve fund which is hereby established, for expenditure for the restoration of abandoned pits, quarries, or deposits located upon public and tax forfeited lands within the county. In the event that there are no abandoned pits, quarries or deposits located upon public or tax forfeited lands within the county, this portion of the tax shall be deposited in the county road and bridge fund for expenditure for the maintenance, construction and reconstruction of roads, highways and bridges. 6.00. SEVERABILITY 6.01. It is hereby declared to be the intention of the County Board that this ordinance, and every provision thereof, shall be severable in accordance with the following: (a) If any Court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. (b) If any Court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular pit, quarry, deposit, or operator, such judgment shall not affect the application of said provision to any other pit, quarry, deposit, or operator not specifically Included in said judgment. (continued) Resolution' Board of J'Famsey Count' Comm. sroners Presented By Commissioner Noraard Date November 22, 1982 No. 82-879 _ Attention: Page 4 of 4 7.00. PROVISIONS ARE ACCUMULATIVE 7.01. The provisions of this ordinance are cumulative to all other laws, ordinances, and regulations heretofore passed, or which may be passed here- after, covering any subject matter in this ordinance. 8.00. EFFECTIVE DATE 8.01. This ordinance shall be effective the day after passage by the County Board but no earlier than January 1, 1983. ROOM I OR7N Cho !a e ci. - 0 y a f MEMO TO: FROM: DATE: Mayor and City Counc• Clerk -Administrator March 11, 1983 SUBJECT: O'NEIL UNITED SHOWS - CARNIVAL LICENSE APPLICATION Attached please find an application from O'Neil United Shows for the conduct of a carnival at Mounds View Square from May loth through May 15th, 1983. The application has been reviewed by the City Police Department, Fire Department, and Building Inspector and found to be acceptable conditioned upon the provisions of the attached agreement which would be entered into between O'Neil United Shows and the City of Mounds View. This agreement provides for inspection of the carnival prior to its opening for business by the City's Fire Department, Building Inspector, and Electrical Inspector and places limits on the hours of operation during various days of the week. These restrictions are identical to those placed on previous carnival operations at the ."•;ounds Vie:: Square. Staff would recommend Council approval of this application with an authorization for the agreement during your March 28th Council Meeting. DFP/pf Attachments Date of application 3 RIISINESS NAME Pt10NE %22 - BUSINESS ADDRESS stree C ��lfyLL) -- (�LQJ ZIP code) OWNERS/CORPORATE OFFICERS/A[iSOCIATES/PARTNERS (name & title): HAVE YOU EVER HAD A LICENSE REVOKED? TYPE OF LICENSE REQUESTED: _V i If yes, attach explanation. v REFERENCES: CITIES WHERE PREVTOUSLY OR CURRENTLY LICENSED FOR SAME ACTIVITY (name of city and ycar(s) licensed) (! Oe Ai P A A I , I — LOCATION FOR WHICH LICENSE IS REQUESTED (if aopl.irable) C ��✓.T��11 OWNER OF PREMISES (if applicable) Applicants for the follow.inq license mustcompleLe the applicable section on the reverse side of this form: �uvices/uingo/bowlinq.alleys/dance halls/ garbage collection/gasoline stations/kennels/peddlers/solicitors/ restaurants. I hereby certify that information provided on this application is true and correct and understand that any misrepresentation made herein may be grounds for denial of this application. Applicant's name )Of (pleas print) I Date of birth C-_/ �. Applicant's signatures = = = = = = = =`/ = = = = = 0 Date of Council approval License number New __ Renewal (rev, 5/77) � —' AMUSEMMOT DEVICE!; ONI-Y; Number of pinhnll_-- Number ul' goneral BINGO ONLY: — Day(::) of wook _ At what. hours Officer of AnnueiaLion_ I:Ii(lnaLure) — -- -_ �- Individual nuporvining games_(silnature) 110WIJNG ALLEY: U14LY: Number of lanes DANCE HALLS ONLY: flow long in opuration at given address GARBAGE COLLECTION ONLY: Equipment to be used Place 6 manner in which garbage will be disposed Attach map indicating customers served in Mounds View or list thereof. GASOLINE STATIONS ONLY: Number of pumps i Number & capacity of gasoline storage tanks — KENNELS ONLY: Number cf dogs PEDDLERS/SOLICITORS/TRANSIENT MERCHANTS ONLY: Type of bus iness/prodact/service/charity Proposed Mounds View .location of activity/ dj/"C 114, ✓ CgVl'r Proposed duration of license &Y ►o- MAP l(' - / 4 RESTAURANTS ONLY: Occupancy load Number hours open per day e a a n a a a a a a a n a a a a a o o a a a o a e a e a a a a a a a a o 0 0 FOR STAFF USE ONLY: �o Date application received � "L Fee $ (7h,'� Receipt No. H537,- 10FERENCE CHECK: I BETTER BUSINESS BUREAU CHECK: POLICE: CIIIe7(: STAFF CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA 1 Carnival License to O'Neil United Shows Mounds View Location Mounds View Square This agreement made and entered into on _ by and between the City of Mounds View and the carnival license applicant, - ----- The license applicant shall hereby be respon:;ible for the following: 1. Provide a site plan with an approved location. 2. Provide proof of insurance that meets Mounds View Code provisions 116.04. 3. Payment of all required electrical permit fees. 4. Call Mounds View Inspections, 784-3055, and Fire Department, 786-443G, for inspection of tnachi.ncry, rides and location forty-eight (48) hours prior to operation startup. Approval by the 1luilding Inspector and Fire Dcpar.t:mont musk hi' 1-`( ivcd prior to startup. 5. Hours of operation shall be limited from 9:00 A.M. to 10:00 p.m. on Mondays through 'Vhursdays, 9:00 a.m. to Midnight on Fridays and Saturdays, and 12operation: to Midnight on Sundays. Dates of: permitted May 10, 1983 through May 15, 1983__ _____• 6. Applicant shall provide other applicable licenses, i.e., food, drink, etc. 7. Applicant shall observe and meet all other requirements of Chapter 116 (and any other applicable sections) of the Mounds View Municipal Code. The license applicant is hereby notified that any viulatiun of the above requirements may result in the revocation of the license and removal of equipment and machinery. censee Ci;y pLMound View Acknowledgement of receipt: of. Mounds Viow Codo Chapter 1.16. �...__ Licensoe - I MEMO TO: Clerk -Administrator FROM: Building Inspector DATE: March 9, 1983 SUBJECT: CARNIVAL APPLICATION I have reviewed the attached application with the Fire Department and Electrical Inspector and submit the following: 1) Electrical permit is required at the rate of $5.50 plus $1.50 per ride or amusement device requiring electricity. 2) Fire Department requires two-day notice for the set-up inspection. The applicant should schedule that directly by calling the Fire Department at 78G-4436. 3) Inspections will be made by myself and the Electrical Inspector on the day of set-up and should be requested 24 hours in advance. Operation should not begin until after the above three items have been carryed out and approved. Thank you. 1. SAR/bc Attachment tk:+ tM COUNTY FAIRS O'NEIL UNITED SHOWS STATE FAIRS LEGION CELEBRATIONS "WORLD'S CLEANEST MIDWAY" P.O. Box 6088 — Minneapolis. Minnesota 55406 JOE YAHR. General Manager Phone 722.8410 Promotions Contract COMPANY 111 ;NICS GRAND OPENINGS CHURCH CELEBRATIONS 9�a MEMORANDUM OF AGREEMENT: This contract made and entered into this _U_ day of Fohhrll,ry IBA by and between O'NEIL UNITED SHOWS who shell hereinafter be styled party of the first part, and _ Mmndtvipw Shoppingenter of ll—� city ofMm� ^i 'e--=�i evr — State of _M: i � who shall hereinaftet be styled party of the second part. WITNESEETH: That for and In consideration of the sum of one dollar In hand paid to ealh other, receipt of which Is here acknowledged, and other good and valuable considerations hereinafter set forth, both parties aforesaid, bind themselves as fr Iowa, TO -WIT: That party of the first part agrees to present their entire company, consisting of high-class pay shows, riding devices, musi concessions, etc., In the City of Moundsy i ew Slate of Minn , for a period of 6_ days and nights cemmencir Ift ,n b.!h A.rInnl„elun MAy ILL—, 18$3_., and ending M _R y .,, ...n.n ...._.... That party of the first part is also to furnish roll tickets, ticket boxes, part of posting paper and advertising agent in l aforesaid City, several days In advance of this engagement, all of which Is free to the party of the secdnd part. REMARKS: O'Neil to furnish insurance certificate O'Neil to furnish 25 window posters O'Neil to furnish portable toilets O'Neil to put full page in local newspaper with discount ride coupons O'Neil to keep grounds clean O'Neil to furnish 50,000 discount coupons to stores. (See reverse side for further remarks) +.' . That It Is mutually agreed by both parties thereto that there is no other contract or promise, either written or verbal, Sr: `='' ''• Oct to the approval of the manager of above shows, either by wire or letter. That party of the second part further agrees to use their influence to prevent other like allracllons from exhibiting In 0 aforesaid City until after the termination of this agreement. 1� su In the case of sickness or death of any performer, then party of the first part shall have a reasonable tune to rep . ce act or performer. In case of railroad accident nr delay, strikes, fire, Rood, cyclone, epidemic, or any unforeseen occurrence ov which the party of the first part has no control then they are not to he hcid for damages, by the party of the second part. This contract entered into and signed in duplicate in the City of 7Moundcvipw , Stale of . Minn this the day of _ A.D., 18. _., by the duty authorized representative of the parties hereto. Parry 01 the mcond Pmil ^n ^' By lly ar th, NO pool 1/iJ v DATE APPROVED: 3-14-83 PROCEEDINGS OF 191E CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 28, 1983 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order by 1. Call to Order Mayor McCarty at 7:30 PM on February 28, 1983. MEMBERS PRESENT: Councilmembers Hankner, Blanchard, 2, Roll Call Doty, Linke a a Mayor McCarty. ALSO PRESENT: City Attorney Karney, Clerk/Admini- strator Fauley and Public Works/Community Development Director Johnson. Motion/Second: McCarty/Doty to approve the February 3. Approval of I minutes as corrected. Minutes: February 14, 4 ayes 0 nays 1 abstention 1983 Motion Carried Councilmember Blanchard abstained from the vote as she had not been present at that meeting. There were no residents requests or comments from 4. Residents the floor. Requests and Comments from the Floor Motion/Second: Doty/Hankner to approve the consent 5. Approval of agen a as presented, and waive the reading of the Consent Agenda resolutions. 5 ayes 0 nays Motion Carried Motion/Second: Doty/Blanchard to have the second 6. 2nd Reading an( reading an adoption of Ordinance No. 331, amending Adoption No. 331 or the municipal code of Mounds View by amending Ord. the Chapter 100, entitled "Intoxicating Liquors", and Amending al Code waive the reading of the ordinance, Municipof Mounds View Councilmember Hankner - aye by Amending Councilmember Blanchard - aye Chptr. 100, Councilmember Doty - aye Entitled Into Councilmember Linke - aye xicatinp Mayor McCarty - aye Liquors' Motion Carried Mounds View City Council February 28,'1983 Regular Meeting Page Two ---------------------------------------------------------------------------- Motion/Second: Linke/11ankner to have the second 7. 2nd Reading an reading an adoption of Ordinance No. 332, amending Adoption of the municippal code of Mounds View by amending Ord. No. ` 2 Chapter 101, entitled "Non -Intoxicating Liquor", Amending and waive the reading of the ordinance. Municipai wode of Mounds View Councilmember Hankner - aye by Amending Councilmember Blanchard - aye Chapter 101, Councilmember Doty - aye Entitled "Non- Councilmember Linke - aye Intoxicating Mayor McCarty - aye Liquor" Motion Carried Motion/Second: Doty/Linke to approve Resolution No. 8. Consideration 1574, accepting the final draft of the fiscal impact of Reslt. No. study from Gunnar Isberg and Associates, and waive 1574 Acceptin; the reading of the resolution.. the Final Dra of the Fiscal 5 ayes 0 nays Impact Study from Gunnar Isberg and Associates Motion Carried Mayor McCarty noted that he was voting in favor of the motion because he was accepting the data from the report. However, he is still in disagreement and opposed to the consultant's editorialization and drawing of conclusions. He gave a specific example from page 15. Director Johnson reported he will be sending a letter 9. Report of to George Quickstad regarding MSA funds, and will be Director of following up with a more detailed letter later. Public Works/ Community Development Attorney Karney reported he had received a letter 10. Report of from the attorney for the Met Council, stating that Attorney a draft copy of the airport master plan has been sent to the Council by MAC. It was noted that Mayor McCarty was reviewing one copy, which was to be passed on to the other Council members, and Attorney Karney was to take the library copy to review immediately. Councilmember Hankner had no report. 11. Reports c` Counciim rs Councilmember Blanchard had no report. `-�" Mounds View City Council Regular Meeting ------------------------------------------ Councilmember Doty reported he had attended the Rice Creek Watershed District meeting in Shoreview on „1 February 17, along with Director Johnson, and reviewed some of the information received. Motion/Second: Doty/Linke to accept the 1982 annual report• from the Police Department. 5 ayes 0 nays Councilmember Linke had no report. Mayor McCarty had no report. Clerk/Administrator Pauley reported he had received a Phone call from New Brighton, regarding a joint meeting on the airport issue, and that they would like a re- presentative from MAC present, as well as the appro- priate State Senator and state Representative. He reported he has alsu heard back from Shoreview and recommended scheduling the meeting for 7 PM at City Hall, on March 24. Motion/Second: Linke/Blanchard to appoint Mayor McCarty as the formal representative for the City at the hearing on the airport on March 8. 5 ayes 0 nays Clerk/Administrator Pauley reported he had spoken with Dick Paradise from the Civil Service Commission and they would like to have a joint meeting with the Council. There was discussion among the Council regarding the selection process being used, and it was recommended by Mayor McCarty that if anyone has any suggestions other than using the process now being used that they should present them in writing before the joint meeting. There was also discussion regarding the criteria that was being used. It was agreed that the Council would meet with the Civil Service Commission at 7 AM on March 8 at City Hall, Finance Director Brager reported the tax bills have been mailed out by the County and presented the Council with a report. He explained the changes in the mill rates. February 28, 1983 Page Three ----------------- Motion Carried 12. Report of Administrator Motion Carried Mounds Viow City Council Regular Meeting -------------------------------------------------- Motion/Second: Linke/Haankner to adjourn the meeting at 8:01 PM. 5 ayes 0 nays February 28, 1'983 Page Four ----------------- 13. Adjournment Motion Car. .d PROCEEDINGS OF 191E CITY COUNCIL CITY OF MOUNDS VIEW r RAMSEY COUNTY, MINNESOTA 1 U�-Regular Meeting March 14, 1983 I1a �s Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 --------------------------------------- - ------------------------- The Mounds View City Council was called to order by Mayor McCarty at 7:40 PM on March 14, 1983. MEMBERS PRESENT: Councilmembers Blanchard, Doty, Linke, Hankner and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk/Admini- strator Pauley and Public Works/Community Development Director Johnson. Motion/Second: Doty/Linke to approve the February 78-7}8T minutes as corrected. 5 ayes 0 nays Robert Eigenheer stated he would like to address the Council on problems he is having with a stalemate between the City and Eigenheer Enterprises, on Edgewood Square. He explained he has been working with the City Engineer, but there are questions he cannot answer and there are alterations he would like to make to the development agreement. Ile added the estimate he has from his low bidder is good through April 20, so he must clear up the problems before that. Mr. Eigenheer gave some examples of things he would like to change from the development agreement, such as putting up a model home before putting the services in, to get a jump on the season, and not putting the roads in until fall. Mayor McCarty recommended Mr. Eigenheer submit in writing the problems he is having with the develop- ment agreement, and then come in at the next Council agenda session, where the Council would be willing to sit down with him and go over each problem in detail. Clerk/Administrator Pauley reviewed the changes made to Resolution No. 1577, 2. Call to Ord( Roll Call 3. Approval of Minutes: February 28 1983 Motion Carri Residents Requests an( Comments fre the Floor 5. Approval of Consent At,. Mounds View City Council March 14, 1983 Regular Meeting Page Two ----------------------------------------------------------------------- Motion Second: Linke/Blanchard to approve the consent agen a as presented and waive the reading of the resolutions. 5 ayes 0 nays Director Johnson reported he had presented a memo to the Council a week ago regarding the status of new Trunk Highway 10. He explained the City has been requested to send a letter from the Mayor to the Commissioner of Transportation, stating the City is in support of it and outlining the reasons why. It was the concensus of the Council that Mayor McCarty should send a letter of support to the Commissioner of Transportation. Motion/Second: Doty/11ankner to approve the request to iri Fe Frr..�ohn Grahm as a part-time Water Depart- ment employee, at the rate of $5.00 per hour, beginning June 13, 1983 for 100 working days. 5 ayes 0 nays Director Johnson presented the Council with a copy of the sketch of the Miller property, showing the areas that had been reevaluated. He added he has pictures available for the Council to look at. Attorney Meyers had no report. Councilmember Blanchard stated she had been getting phone calls regarding dog problems and suggested the City do something regarding a CSO officer. Motion/Second: Blanchard/Doty to have Staff investigate the cost and so forth of hiring a CSO officer, and report back to the Council. 5 ayes 0 nays Councilmember Doty had no report. Councilmember Linke had no report. COUnailthember Hahkner bid no report. Motion Carried 6. Consideration of Memorandum from John Johnson Regari ing Status of New Trunk Hwy. 10 1. Consideration of Staff Recom mendation Regarding Hirt of Part-time Personnel for Water Dept Motion C, .ed 8. Report of Director of Public Works/ Community Dvlp 9. Report of Attorney 10, Reports of Councilmembers Motion Carried �� Mounds View City Council 'Regular Meeting ---------------------------------------------- Mayor McCarty had no report. n Clerk/Administrator Pauley reminded everyone of 1 the 8 AM meeting on March 19 regarding the 1983 Water and Sewer Systems Maintenance and Capital Improvement Program. Motion/Second: Linke/Hankner to adjourn the meeting at 7:56 PM. 5 ayes 0 nays Maf:ch 14% 1983 Page Three ------------------- Respectfully submitted, Donald F. Pauley , _..__ CLeTn/nuu iu��LatGr 11. Report of Administrat, 12. Adjournment Motion Carr;