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HomeMy WebLinkAboutAgenda Packets - 1985/10/21CITY OF MOUNDS VIEW CITY COUNCIL 5:00 p.m. - Tour of Group W Facilities Beginning at Edgevood Cownunity Center AGENDA SESSION OCTOBER 21, 1985 7:00 P.M. 1. Consideration of Request for Authorization to Hire a Full -Time Accounting Clerk 2. Consideration of Staff Memorandum Regarding Proposed Electrical and Natural Gas Rate Increase 3. Consideration of Staff Memorandum Regarding Well 04 4. Consideration of Staff Memorandum Regardiny Electrical Inspector (memo to be submitted Monday) S. Consideration of Staff Memorandum Regarding 'Title Change for Mary Saarion 6. Consiceration of Staff Memorandum Regarding Proposed Noise Standards l PROCEEDINGS OF THE CAY�Z CIL CITY OF MOUNDS VIEW RAMSEY COUNTY. MINNESOTA Regular Meeting October 14. 1985 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 --------------------------•--------------------------------------------- T e U unds ."icw city Council was catjed rn nrdPr by 1. Call to Order Mayor Linke at 7:15 PM on October 14, 1985. The Pledge of Allegiance was said, 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Quick, Blanchard, 3 Roll Call anJ Mayor Lin e. It was noted that Councilmember Haake was absent, and Councilmember Hankner was expected to arrive shortly. ALSO PRESENT: City Attorney Meyers, Clerk/ AAHEistrator Pauley and Public Works/Community Development Director Thatcher. Mayor Linke reported that the Council had received the report from Northern Sound and requested that the airport issue be placeQ on the October 28, 1985 Council agenda, at which tine the Council will set the time and date for an Executive Sessio.i to discuss the documentand set their plaos. Motion/Second. Quick,blanchard to approve the 4 Approval of 9epm er [�te1985 minutes as presented. Minutes: SeFtember 23. 1 3 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened S. Public Hearing: the public hearing a.t 7.17 PM. 1985 Long -Term Financial Plar. Councilmember Hankner arrived at 7:18 PM. Clerk/Administrator Pauley explained that the 1985 long term financial ol�a was prepared in accordance with Section 7.05 of the Mounds View City ^harter, ar,d he reviewed the purpose of the plan. Mayor Linke closed the public hearing and reopened the regular meeting at 7:19 PM. '"D Mon ds View City Council I �^ October 14, 1985 Regular Meeting Page Two — - -------------------- - - 1 tr-rr-+-•__' Bill Frits, 8072 Long Lake Road, reported to [he � ��-•'�••- Council on an article he had read in the Minneapolis Requests a Star and TribuneComments from earlier in the day, regarding the Floor airport noise and some elected officials thoughts on it. Mr. Frits agreed to provide Mayor Linke with a copy of the article. Clerk/Administrator Pauley requested that an item 7. Conaent1of Agenda be added to the consent agenda, for the final pay- ment of $1,000 to Northern Sound, as the City has received their final report. Motion Second: Blanchard/Qui.ck to approve the consent ages s as presented and waive the reading of the resolutions. 4 ayes 0 nays Motion Carried 8. 2nd Reading and Motion/Second: Quick/Hankner to have the second Adoption of rea nK an adoption of Ordinance No. 399, adopting Ordn. No. 399 the 1985 Long Term Financial Plan, and waive the reading. Council -member Quick - aye Councilmember Blanchard - aye Councilmember Hankner - aye Motion Carried Mayor Linke - aye 9a. Remove Ordinance aotion/�econd: Quick/Hankner to remove irdi,iance No. 391 from the o, rum the teble. Table 4 oyes 0 nays Motion Carried Motion/Second: Blanchard/Quick to deny the second 9b. pdo Peadiof and reading anadoption of Ordinance No. 391. Ordn. No. 391 Councilmember Quick - aye Cuuncilmember Blanchard - aye Councilmember Hankner - aye Motion Carried Mayor Linke - aye Y.otiun/Second: ktankner/Blanchard to approve the 10. Approve Hirt firing oT'P>omas Kinney as Police Officer commencing of Police Of on October 15, 1985 at a starting salary per local union agreement. Motion Cari 4 ayes 0 nays Rounds View City Council October 14, 1985 Regular Meeting Page Three ---------------------------------------------------.t-------------------- Motion Second: Quick/Hankner to approve the grant 11. Approval of agreement contract with the Metropolitan Council Grant Agreement lUl d JJiU P✓l 114111b YrLO & r Y1,L -•• 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley read proposed 12. Approval of Resolution No. 1944. Resolution No. 1944 motionj5e:ond; Hankner/Quick w approve Resuiucion Nu. commendingg melody Carlson for service on the Festivities Commission. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley read proposed Resolution 13. Consideration No. 1941, disapproving an increase in basic cable of Resolution television service rates by Group W Cable of the No 1941 North Suburbs, Inc. Jerry Skelly, the City's representative to the Cable Commission, reviewed the problems Group W has had in marketing their program. He stated that Mounds View is the only City to vote against the passtive rate review. He also stated this is a nationwide problem, with too much being promised originally. He added he feels the use of access to cable tv will be why Group W survives. He compared the proposes' Y2 per month increase to the cost of providing entertainment for a family of four, and asked the Council to approve the rate increase. Councilmember Hankner reported the CounciJ has a meating schediled ,nth Group W for 5 PM on October 21, to tjur their facility and see First- hand what their operation is, and she added the Council had just received a packet of information. from Group W, which they have not had ar. opportunity to review. Motion Second: Hankner/Quick to table acrion to the c'o ex ?8, 1985 City Council meeting. 4 aye,; 0 nays M.)tior. Carried Mr. Frits stated the people had come to the meeting expecting this issue to be discussed and resolved, and not to be tabled. Councilmember Hankner replied the Council should be given the opportunity to visit the facility and review the information they have just been given. 4 ._ Mounds View City Council i!—� October 14, 1985 Regular Meeting "' i i� Page Four ----------------------------------------------_...-..._-.-- Duane McCarty pointed out the Charter allows for regulation of franchises, and the Council may wart to reconsider this. Attorney Meyers explained this was a non-exclusive franchise, and that another cable firm could come in. He added the City's Charter does not allow for passive rate increases and thar a public hearing would have to be held. Bootsie Anderson, Cable Tv Administrator, iocateu at the Falcon Heights City Hall, stated :hat the FCC has stated that cable television should not be regulated es a public utility. She added that cable tv is a business, and she does not feel City Councils should have as much control as they do over it. She stated she would provide copies of some recent legal decisions to Attorney Meyers. Director Thatcher reviewed Staff's report on the 14. Consideration question of access to the Knollwood Drive extension, of Resolution recommending against allowing a building permit for No. 1943 a home at 8100 Groveland Road. Motion/Second: Linke/Blanchard to approve Resolution o. , regarding the Knollwood Drive extension, and waive the reading. 3 ayes 1 nay Motion Carried Counci'membcr Hankner voted against the motion Rod Kirrz, 2808 Ardan Avenue, stated he would (refer having tae Cou::c+l wait until all members were present before taking any action on the request. He alto pointed )ut t.wo fairly new roads in the City, Pleaiant View and the road by the Tom Thumb store, which are both long cul-de-sacs. He stated he did not feel all available accesses were taken into consideration. Ken Sjodin, 2841 Bronson Drive, asked for a clarifi- cation of the suggested accesses. Director Thatcher review the two suggestions. Director- Thatcher had no report 15. Report of Public WorkP/ Community Dvlpt. Director hounds View City Council October 14, 1985 Regular Meeting Page Five ----------------------------`-------------------------------------------- Attorney Meyers ren,.rred it ie f.ir rh. City to enter into a supplemental agreement with Christopher Companies, which provides additional security on his apartment development for the areas of water oroofing, insulation and decks and porches. He reported there has been considerable discussion between Staff and the developer, and the additional posring of $60,000 in security is w Lbluctej auiiiGit[It. ne reportea ne has reviewea the bond and it is in order and proper. Motior./Second: HankneriQuick to authorize the Mayor and Clerk/Administrator to enter into c supplemental agreement with Christopher Companies, 4 ayes 0 nays Attorney Meyers reported he had argued the Highway 10 radiator case before the Court last Monday, and it will be up to 90 days before the decision comes down. Councilmember Quick had no report. Councilmember Blanchard reported she had attended the Fire Relief Association meeting last week, and they will be doing the actuarial study that has been requested by the three cities. Councilmember Hankner had no report. Mayor Lir,ke reported he and Clerk/Administrator Paulay had attended the Ramsey County Public Works meeting regarding the Red Oak Drive turr•back, and it was voted on to -urn it back to the City with $?,000 of the $3,900 in funding recommended. Mayor Linke stated they hope that when it reaches :he full committee, that they will approve the full $3,9CO ❑Ceded for repairs. Mayor Linke reported he has talked to the Moulds View Lions Club regarding the Festivities Commission, and will be talking to the Jaycaes also. Motion Second: Hankner/Quirk to approve the appo ntmenc oof Don hodges and Jerry Blanchard to the Festivities Commission r5. P»part of Attorney Motion Carried 17 Reports of Coun c i Lmembers 4 ayes 0 nays Motion Carried Mounds View City Council ( �. ? ' ; October 14, 1185 Keguiar Meeting Page Six Clerk/Administrator Pauley reported the Ramsey County 18, Report of 01 League O1 Local 1sU VCLIIWC{Ilb Will Ue wcc uub a-, City Hall on October 16 at 7:30 PM. He also reported strator that the Regional Transit Board will be meeting at the Maplewood City Ilaii at 7:30 on the same evening and asked if someone would be able to attend from the Council. Councilmembers Quick and Hankner stated they would try to arrange fo- one of them to attend the meeting. Clerk/Administrator Pauley reporteu he will be on vacation for the last two weeks of October. Motion/Second: Hankner/Quick to adjourn the meeting 19. Ad;ournment aC— 'r ayes 0 nays Motion Carried Respectfully submitted, Donald F. Pauley ' Clerk/Administrator 1J MEMO TO: Mayor 6 C1ty council FROM: Finance Director -Treasurer Brager ATE: October 2, 1985 RE: REQUEST FOR AUTHORIBACION TO HIRE A FJLL-TIME ACCOUNTING CLERK The Adopted 1986 Budget provides for the hiring of a full-time accounting clerk to be funded from the General, Water and Sewer Funds. During 1985 the Finance Department had a part-time accounting clerk who was recently granted a leave of absence. Staff proposes that the full-time accounting clerk be hired as soon as possible. staff's original intention was to hire a part-time accounting clerk to fill in during the leave of absence of the present part-time accounting clerk. However, on further reflection staff has concluded that it would be more cost effective to hire the full-time accounting clerk now. Our rationale is that the hiring of a part-time accounting clerk for the remainder of 1985 would involve considerable staff time in recruitment and subsequently training for a position which would be only filled for a short period of time. After January 1, 1986 the recruitment process for a full-time accounting clerk would begin and subsequent training of that individual would take place. Since sufficient monies remain in the 1985 Budget at levels adequate to allow a full-time accounting clerk to begin employment during 1985 it seem,, more cost effective to hire that individual now rather than go through twc recruitment and subsequent training processes. RECOMMENDATION: Staff proposes chet the part-time accounting, clerk's posicior he abolished since the 1986 uudget provides for a full-_ime position. Further staff proposes tr.at a full-time accounting clerk's position be established and authorization he given to advertise for that prsition as soon as possible. DB/ds 0001, MEMO TO: MAYOR AND CITY COUNCIL/ T \ FROM: CLERK -ADMINISTRATOR/ ll DATE: OCTOBER <, 1985 SUBJECT: PROPOSED ELECTRICAL AND NATURAL GAS RATE INCREASE Attached please find a copy of a letter received by Mayor Linke from St. Paul Councilman William Wilson outlining his concerns regarding the proposals by Northern States Power to increase electrical and ,laturai gas rates as presri.Led to the Minnesota Public Utilities Commission. Also attached to this memorandum please find a copy of a memo from Energy Coordinator Rita Docken to myself providing addi- tional detail on the proposed rate increases. At first blush it would appear that the proposed rate increases are justified since NSP has not had a rate increase on either of these two utilities since 1981. At the same time the rate increases are substantial, however, it is unlikely that the Public Utilities Commission will be approving them at the level initially requested. At the present time the Utilities Commission has begun the process of considering the proposed increases and several organizations including the City of St. Paul have filed with the Commission to intercede in the increase jrocess Corsidering the City'E general lack of knowledge and experience in this area and the. fact that many organizations, such as the Suburban Rate Authorita, and the Minnesota Public IntereEt Research Group, will be interceding, it would appear irapproprir.te for the City of Mounds View to take any action on th4.s item at this time other than possibly the adoption of a reaol-ltion supporting the actions of the City of ;t. Pacl and other interested organizations. Staff would request Council direction on this matter at this time. DFP/mjs Attachments: TO: Don Pauley FRUM: Rita Docken DAIL: September 16, 1985 µL: Kate increase for NSP Electric Utility Service Northern StdteF Power Company last filed for a rate increase un July 1, 1981, with interim rateu ulluctive on September 29, 1981. Justification for the current proposed $128,933,000 (13.4461 revenue increase includes a rate base increase of 25% (not counting Sherco 3) and an increase in expenses of 35%. Future financing requirements will be greater as older facilities are replaced and new facilities are built to serve new loads. NSP is requesting an interim rate increase of 9.29% ($88,965,000) effective for the period beginning September 30, 1985 and ending September 30, 1986. Variable rate increases are proposed, resulting in an overall increase of 13.44b. The proposed changes would have the following effects for Mounds View. Proposed Annual increase Increase Residential —77 Average monthly bill - $50 90 $71 71 .%�erage monthly bill - $35 3G Average monthly bill - $20 Commercial and Industrial General Servict 1.6.09 Average monthly bill - ;100 193 290 - $150 - $200 38b Municipal Rates Variable Small municipal pumping service Cancelled Average monthly bill - $1369 25.42 $4:07 Changed to general service Street lighting (average monthly 7.37 2234 bill - $2,450/month) General Service (garage and Maintenance) 12.93 1241 Hearings have not yet begun on these proposed changes. The City of Mounds View currently spends approximately $160,400 on electricity. An increase of 13.441 would result in an annual increase in excess of $21,500. WILLIAM L WILoON C"wAAwn CITY or SAINT VAUL 0IM1IF11131E 0r TO X 1:1'VY Ix/l I Yl:l1. August 22, 1985 Mayor Jerry Linke Mounds View City Hall 2401 Highway 10 '1' Nvurdy View, Mirv,esote '»� Dear Mayor Linke and Members of the City Council: NARK VOCRDING ,..�u.. Aw. As you are aware, Northern States Power Company has filed a request for an electric rate increase of 13.44 per cent which will cost ele - tric consumers an additional $129 million each year. My purr in writing is to ask if you, as a public official, have considered the impacts of this rate increase in your community, and secondly, to find out if you are interested in joining a consortium with other munici- palities to challenge this request. We in St. Paul are very concerned about how the proposed increase affects residential users, particularly since it follows on the heels of a requested gas rate increase. These users will be especially hurt because they will carry a greater portion of the rate increases (15.o5f compared to 13.a4$ overall for electricity, 9.39% compared to 7.05% overall for gas). Because of our concern, we have already intervened in the gas rate csse, and support for this action has been ove-ninelming. Byound this, the FroFosed elect.rlc rate increase w 1l have an adverse impact on city budgets. We hava ^r)je_-ted, for example that it w'1. cast St. Paul an additinal $400,00o per yea.- tr. operate -itreet light9, traffic sig.lals, water pumps and other electric servic-3. Of particular conceal is IaSP's proposal to ella.lra, a the p.sMP•ng for large municip'ilities. To assist you in evaluating the NSP rate increase on Mounds View, I have cnclosed rates of comparison whinh applYtodmunicaipal servr� i�� ces aryl comparisons c. present and proposed residential, coomercial rates. Finally, I propose that, as concerned cities, we join together as a consortium to intervene in this electric rate case. NSP's proposal j oin together; simands effanumberaof cities bec" involved,prthete to cost CIfY 11AlJ \I �I' I iII'�r � .1'•1 %11' 101 %UTA 51102 c!' 'VNJ646 would be low. ?here are a number of ways inwhich the Cy�rtium to ld he set uo to allow for participation by l ties as well as members of tue �)uourcan A&Le �utG�.••� Please let me know as soon as possible about your concerns not k.regarding tllls electric rate increase. At this time, but rather your interest commitment or the organizational strucWM# and ideas. pespectfullyt; j Yilliam L. Mileon Ca" i1m WLW:jea Enc. •..r a ar fawn. ru M+wi• � Ow.'� � 7V o r 330-6646 Northern States Power Company Law DI-Dartment aJa N,cCIMI Mall M �nnupoln M.nn.w.a 5140, is4Nnon. (612) »O.asoo � September 30, TO MUNICIPALITIES AND COUNTIES IN NSP'S ELECTRIC SERVICE TERRITORY: Yr ar�r« '* � faraaa c l«ra o ,.,, « RECEIVED 0«« a It•«Y Lill MUuhG$ VIEW o0 w a rr fuwillafr Re: Minnesota Public Utilities Commission Docket No. E-00:lGR-85-558 On August 1, 1985, Northern States Power Company (NSP) filed for an electric rate increase with the Minnesota Public Utilities Commission (PUC). The Commission has referred this filing to the Office of Administrative Hearings for evidentiary and public hearings. A preheating conference has been schediled for 9:30 a.m., Gctober 18, 1385, before Judge Bruce D. Campbell, at the American Center Building, 7th floor, Kellogg and Robert Streets, St. Paul, Minnesota 55101, Tel. (6121 341-7604. The prehea.ing conference and other procedural matters are discussed in the PUC's Notice and Order for Hearing which is enclosed. Also enclosed is NSF's Notice of Application for Rate Increase. If tnere are questions, feel free to call the indersigne=. 1 DAVID A. L�NRENCE 414 Ficolle. Mall Minneapolis, MN 55401 (612) 330-6648 Notion to Caartiee and Miuicipmlitiss Urde. Minn. Stilt. 5 216B.16(1) BEIt.4i6 MnO SO A P.TZIC U71LITIFS CCMKESSICN STATE OI MIFINOSAM In the Matter of the Application of NOFMO;N STATFS PCWFR CWANY, ) MMCE OF APPUCATItr! Minneapolis, Minnesota, for ) FOR RATE II7C TASE Authority of Change Its schedule ) of Electric Service for Retail Custcamrs ghat E002/GR-85-558 Within the State of. Minnesota ) On ALgzt 1, 1985, Northern States Power Cmpeny (NSPI filed a notice of an increase in its electric rates with the Minvasata Public Utilities Corrmission pursuit to Mirmn^.ota Stat+tes S 216B.16. The company proposed i srtAdula cl new rates to take effect an Se limber 30, 1985. If the final rate level is loss than the interir rate level, NSP will _efurd the difference to c srzmas with interas:. The CYiissicn has approved an interim inc:r,ase of ?.294 (589 million), whirl: applies to tPe electricity, all aubtamera use frtz September 30, 1945, to the time the Px makes its decision and final rater, are put inW effect By law, the PJC must issue an order on final rates by Tam '_, 1985. Under the Ccapvey's psrposal, rate to public authorit!es wi11 Licresee 164 and s--east and higlatay liA" 94 The warall perosntage Snows the Company's rwAiesttd is 13.444 ($128.9 million ) 4,j follows: Exeaplas of the affect of thaw -'CrS OrtyPicel bills are as Avtage Monthy B.11a Rasidentiai Service Use Preser•t :ntarur, Primed [w psi 5 14.31 $ 15.64 $ 16.63 500 6M 5 32 11 S 35.09 $ 37.35 750 )W $ ;5.4: $ 50.72 $ 53.78 1000 phi 60 71 $ 66.35 $ 70.20 Siaa11 Gearal Service 500 )w $ 32.86 $ 35.91 $ 38.30 1000 ph: $ 61.46 $ 67.17 $ 71.15 2000 )m $118.68 $129.71 $136.85 The Departiwnt of Public Service is emnin:Lrq NSps books and records. NSP will notify individual ornetassrs, articipalities Weorr+ties when h.earirgs are scheduled. :he public may examine the proposed rats schedules and a conwiscri Of Present, lntarlm and Pcrposed rays during normal business hour, at the D%Mrtarnt C. Public Service, 790 American Center Building, 160 Pest yrellogq Boulevard, St. Paul and at Northarn Stag FhuKr Coup offices offices located at 416 NicDII*t Mail, MimeaP0115; 2302 great Northern Drive, Fargo; 421 Wabrsha St., St. Paul; 825 RIC& St., St. Paul; 1700 E. County Road E, White Bear Lake; 3000 Maxwell 1,ve., Nwrpert; 2761 First Ave. N.W., Faribsult,' 373C Pepin Ave, Red Wing; 3515 'Kurd St. N., St. Cloud; 5050 Service Drive, iiinva; Soo W. Ruxsell St, Siax Falls; 6501 68th Ave. N., Brooklyn Center; 5309 W. 70M St., EdL•a, 210 Lima St., Mankato; 5505 g7rnty RD,d 19, F7rrwa0ol; and 1505 Wash rq'..on Ave., Mantevideo. If you wish to intervers or testify in this case, orrtAm the Office of Actdnistrative Hearings. Room 400, Swait Bsnk building, 310 6tb Aver.», South, Mimspo3is, MH 5541.5, telGVX1* (612) :I1-7606. H iOkE THE MiNNESOTA PUBLIC UTILITIES COMM/SS'ON Cynthia A. Kitlinski Chair Leo G. Adams rnmmissicner Harry Seymour Crump Commissioner Terry Hoffman Commissioner Robert J. O'Keefe Commissioner In the Matter of the Petition of DOCKET NO. E-002/GR-85-558 Northern States Power Company for of Rates fcr Electrical Utility Service for Customers Within the NOTICE AND OkDER FOR HEARING State of Minnesata FINDINGS AND CONCLUSIONS I. JURISDICTION On August 1, 1985, Northern States Power Company (NSP or the Company) filed a petition with the Minnesota Public Utilities Commission (the Commission) for an increase in electric rates pursuant to Minn. Scat. § 2168.16 (1984). On September 18, 1985. the Commission issued its Order Accepting Filing and Suspending Rates. The Commission finds that a hearing is necessary in the above matter to determine the reasonableness of the electric rate changes proposed by W. The Commission is authorized to conduct such a hearing by Minn. Stat. § 2168.1 (1984). 1I. PROPOSED RATES The rates proposed by NSP would generate additicr_i annual revenues of approximately $129,OCO,000. The effect or the proposeu rates i; summarized a: follows: Calculateo Reverues (000's) Percent Customer Class Presert Proposcd :ncrea:e Increase Residential 337,762 388,325 50.563 14.91 % Commercial 6 industrial 592.323 665,526 73,203 12.36 % Other Sales to Public Authorities ll,u42 12,819 1,777 16.09 % Street 6 Area Lighting 14,348 15,636 1,288 8.98 f Service Connection 6 Late Payment Revenue 3,995 6,097 2,102 Total Revenues 959.470 1,088,403 128,933 13.44 % A copy of the Company's requested rates is on file in the offices of the Minnesota Department of Public Service, 790 American Center Building, 160 : E. Kellogg Boulevard, St. Paul, MN 55101 and is Open for -public �inspection ^a during normal office hours. lQPieo di aiau o.6 �C .� r--••- '-�^ at the Company's offices located at: 414 Nicollet Mill 1505 Washington Avenue Minneapolis, MN Montevideo, MN 421 Wabasha Street 2302 Great Northern Drive St. Paul, MN Fargo, NO 825 Rice Street 17CC E. County Road E St. Paul, MN White Bear Lake, MN 3000 Maxwell Avenue 2763 First Avenue N.W. Newport, MN Faribault, MN 393U Pepin Avenue 1515 Third Street N. Red Wing, MN St. Cloud, MN 5050 Service Drive 500 w. Russell Street Winona, MN Sioux Falls, SO 4501 68th Avenue N. 5309 w. 70th Street Brooklyn Center, MN Edina, MN 210 Lime Street 5505 County Road 19 Mankato, MN Shorewood, MM [[[, PROCEDURAL OUTLINE The puolic and evidentiary hearings on the Company's petition will De conducted by an Administrative Law judge appointed by the Chief Administrative Law Judge cf the State of Minnesota and will be .m1d in compl!dnce with the applicable 'aws rrlacing to tte Pcb'ic Util"ties Commission, the contested case provisioh of the Auministrative Procedure Act (Minn. Stat.:h. 14). the Rules of the Office of Administrative Hearings, Minnesota Rules, part; 140C.5100 - 1400.8400, and the Rules of aractice of toe Public Utilities they have notnnesota Riles, been supersed,-d�bytthe RulesOof the 30uffi� cceCfothe axttAt a♦ kninistr4tive ;,earinas. There rules may be purcnased from the Documents Section of the Department of Adm,nistration, ill University Avenue, St. Paul, Minnesota 55155, 612/297-30uU. The rules rrovide generally frr the procedu^al rights of the parties including: mints to advance notice of witnesses and evidence, right to a prenearing conference, rights to present evidence and cross examine witnesses, and rights to purchase a record or transcript. Parties are entitled to issuance of subpoenas to compel witnesses to attend And produce documents and other evidence pursuant to Minnesota Rules, part 1400.7000. ' -2 Interested persons or groups may petition tc intervene as formal parties in the case to present expert testimony and submit briefs. The Administrative Law Judge will hold evidentiary hearings for the prese+itation 1 vi iwyirt tist iuxr,.) uy t�,i iwMydGy, tiic iii iiLaauid ycydf une,it �i rur.i� Service, and other agencies, persons, or groups who rave formally intervened. Parties are advised to bring to the hearing all documents, records, and witnesses they need to support their position. During the evidentiary hearings, all parties may present evidence and argument regarding the issues and may cross-examine witnesses. Any person intending to intervene as a formal party to these hearings Z Octition for L;avi tv to the Awnii,istlitire Law Juuya and serve the petition on all existing parties. The petition must state how the Petitioner's legal rights, duties or privileges may be determined or affected by the Commiss!on's decision In the matter and snall set forth the grounds and purposes for which intervention is sought, and snail indicate the Petitioner's statutory right to intervene, if one exists. All parties have the right to be represented by an attorney, by themselves, or by a person of their cnoice if not otherwise prohibited as the unauthorized practice of law. A Notice of Appearance (ATTACHMEtiT A) must be filed with the Administrative Law Judge within 20 days of the date of service of this Order if any party intends to appear at the hearing. The Notice of Appearance is not required If the hearing date is less than 20 days from the issuance of this Order. Potential intervenors shall attend the prehearing conference scheduled bel)w with information which will facilitate the scheduling of ' hearings permitting all of the parties to present their evidentiary views in a manner and within a time trame which would be as fair and expeditious as possible. Matters which may be discussed include: the reasonable time period required to prepare direct testimony for filing on all issues; recommended areas for rearings to receive pub''ic input regarding the petition; time required for parties to prepare for depositions and other discovery; and other matters tr,at will facilitate full and fair hearings oo the petition. If persons have good reason for requesting a delay of ary hearing„ the-equ-st must be mane in writinc, to the Administrative Law Judge at least five aa:%s prior to the hearina. A copy of the request must be served on the Commission and a.i parties, Failure to appear at the nearing ma; result in the issues set out Herein oeinp deemed proven. A possible result is that the rates and rate desigc proposed oy NSP may be accepted by the Commission. Following the contested hearing, the Commission may approve all or any part of the proposed rate increase out nay not approve an overall increasu greater than that proposed by the Company. However, the Commission may adjust rates for classes of customers to levels greaser than those proposed by the Company and make other rate aejustments based upon the testimony of other parties. If no person contests the proposed rate increase at the nearing, the rates may be approved as proposed. - 3 - No Any question concerning informal disposition of this matter pursuant to Minnesota Rules, part 1400.5900 or discovery of information pursuant to Minnesota Roles, parts 1400.6700 and 1400.6800, should be addressed to Kar, a.rcrn.y r noral, 780 knerican Center 4 W,, .✓,.v iY• I Building, 160 E. Kellogg Boulevard, St. Paul, Minnesota 55101, 612/296-0410. Parties are advised that if not pubic data is admitted into evidence it may become public data unless a party objects and asks for relief under Minn. Stat. 4 14.60, subd. 2 (1984). All other questions concerning this hearing should be addressed to Clio Administrative Law jud-z Bruce D. Camptell Office of Administrative Hearings 400 Summit Bank Suilding 310 S. Fourth Avenue Minneapolis, Minnesota 55415 612/341-7602 The lobbying provisions of Minn. Stat. Chapter IDA apply to general rate cases. If the document that a person files pertains to ratemaking, rulemaking, certificates of need for large energy facilities or contested use rate proceedinSs, toe person may be required to register with the Minnesota Ethical Practices Board under the lobbying provisions of Mini. Stat. Ch. 10A. Lobbying includes attempting to influence administrative action in rulemaking proceedings, certificate of need cases or contested ratemaking cases. An individual who is engaged for pay or authorized by another individual or association to spend money and wno spends more tnan five hours in any month or more than U50 in a year to influence administrative action must register with the Board and report disbursements for lobbying purposes, including preparation and distrioution of lobbying materials, telephone, postage, media advertising, travel, and lodging. The statute provides certain exrumptions, including an e:eception applicable to expert witnesses delivering testimony. Persons are en:ourageu to telephune the Board at 612/296-1720 for additional infnrmatiun. ORDER A WnteSted cave hearing concerning tnis matter shall ce held commenting with a P.ehearing Conrerence at 9:30 a M. on F`i ay, October 18, 1985 in 7:Silarge HeariRoom, ng 7th Floor, American Center Building, 160 E. Kellogg Boulevard, St. Paul, Minnesota 55101. Hearing date; will be set o; Order of the Administrative Law Judge. The Camp my shall faciiitate in every reasonable way the investigation of the repartment of ru�)lic Service. All pa. -ties shall furnish adequate respsnses within 10 days to all reasonable information requests from other parties. This Order snall be served on the Company who shall mail copies of the same to all municipalities and counties in its service area and to sucn otner persons as the Department of Public Service may request. . 4 - 4. Public hearings snail be held at locations within the service area of the Company. 5. In addition to the individual customer notification ordered by the Commission on September 18, 1985, the Company shall submit to the Commission for its approval two proposed notices of the evidentiary and public hearings for this matter. One notice shall be for individual customer notification and snail be included as a bill insert. It must provide information on the time and place of the hearings and must be served at least 10 days prior to the public hearings. The Company Shall also publish notice of the evidentiary and public hearings to the form of newspaper display ads, at least IO days prior to the dates of their commencement, in newspapers of general circulation in towns within the Company's service territory. The heading on the display ad, R.4TF. INCREASE NOTICE, must be set in 30 point, or larger, bold face type. 6. This Order shall become effective immediately. SERVICE DATE: = 7 MEH/RL/d3S (03798) (SEAL) BY ORDER OF THE COMMISSION Mary Ellen Mennen Executive Secretary - 5 - to ATTACHMINT A BEFORE THE MiNNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 400 Summit Bank Building 310 South Fourth Avenue Plirr_a;0, 1� u<rrf:pta S5415 FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION 780 American Center Building 160 East Kellogg Boulevard St. Paul, Minnesota 55101 In the Matter of the Petition of MPUC Docket No. E-002/GR-R5-9;A Northern States Power Company for OAH Docket No. PUC-86-004-BC Authority to Change Its Schedule of Rates for Electrical Utility Service for Customers Witnin the NOTICE OF APPEARANCE State of Minnesota Date of Hearing: Name and Telepnone Number of Administrative Law Judge: Bruce D. Campbell Office of Administrative Hearings 400 Summit Bank Building 310 South 4th Avenue Minneapolis, MN 55415 612/341-7602 TO THE ADMINISTRATIVE LAW JUDGE: tau are advised that the party named below will appear at the aoove hearing. NAME OF FARTY: AMESS: FARiY'S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: NiE: tom`l thMO TO: Clerk -Administrator and City Council � FROM: Director of Public Works/Community DevelopmeryC,U. DATE: October 11, 1985 /� S1111JECT: WF.1,1. No. 4 As yo may iccal' the Lj '.t awarded the Well No 4 Maintenance Projectto Layne Minnesota in the amount of $14,282.00. Layne Minnesota removed the pump and motor and televised the well. The television inspection indicated that there was probably a leak in the grouting between the 24" diameter casing and the 16" diameter casing at a depth of 2701. We speculated that this potential leak may be the cause of the bad odor in the water from this well. The estimated cost of repairing this potential odor causing leak to meet Minnesota Department of Health standards was $60,000.00. At that time, I proposed that we conduct a test to see if the joint that migh be leaking, in fact, did leak. The cost of conducting this test was approximately $5,000.00 and Layne Minnesota provided me a letter dated June 12, 1985 stating that they would complete the repairs of the pump and motor and conduct the test for a price not to exceed $14,964.00 without further approval. The City Council approved my recommendation to conduct the test for approximately S5,000.U0 and try to save $60,000.00. At that time- we also discussed the possibility of issuing a change order. We decided that a change order was not necessary at that time because there may be some additional work that may need to be done and that one change cyder at the end of the project was the easiest way to go. I am pleased to let you know that we conducted the test and the test showed that the joint aid noL leak and that the City does not have to spend S60,000.00 to repair the joint. However, there were some addit.onal costs that I authorized with the understanding that we wound 'saue a change order Teter. Thn additional costs are outlined under Item No. 3 of Layne Minnesota Company's Invoice N,. 13615 dated October 7, 1985. I approved an increase above the original contract price for tertinq the Potential leap in the amount of $58d.00. 1 approved additional repair on a column pipe for $159.00 and the constriction and installation of a 16" guide for $1,005.00. I approved an additional television inspection to verify that the work was done correctly for an additional $750.00. I also utilized the services of a technical service man to do some work over and above the requirements of Layne Minnesota Company's June 12, 1985 letter for an amo,int of S1,008.00. The last additional item is some additional test pumping in the amount of $175.00. r 1Prk-Lrimtn1 strator and City COUnCII Page Two of Two October 11, 1985 Therefore, the changeorder is calculated by taking the total cost of the nrninrr Isim,nSQ.001 minus the oriqinal contract price of $14,282.00. Therefore, a change order increasing Layne Minnesota Company's contract with the City in the amount of $3,777.00 is justified. If YOU approve this change order, then the City owes Layr- Minnesota $15,737.00 1518,059.00 minus a previous payment of S2,322.001. There is enough money in the 1985 Capital Improvement budget because Line Item. 7UO-122-4123 allocates $20,000.00 for this work. RECOMMENDATION: I recommend approving the change order increasing Layne Minnesota Company's contract with the City by S3,777.00 for a total contract price of $18,059.00. I also recommend payment of $15,737.00 to Layne Minnesota. SWT/bac I� I AVRIr MINNESOTA (�0=P110T 3147 CALIFORNIA ST NE MINNEAPOLIS, MN 55418 (6121 781 9553 TO City of Mounds View 2401 Highway 10 Mounds View, MN 55112 TFANCNFT ! WATER :YELLS F WATERTI VJIT.''C..T • PUMPS • DRILLED PIER FOUNDATIONS nrnMnnrR ULU u uuOLs DATE 1017185 COST NO OUP ORDER NO 485PA43 OUR INV NO 13615 TEr. NO At well 04, Project 85-2 01140Wn1 r�w'AgfT 19:dZ R D:IU.gL NIT TJ I Tldf F✓T(.401 LlA�ul W.'r lot Complete Pump repairs - — Item rl /tA r 1,41, :4, l y �_ �f � Ls Triac 14 `16 � Item 02 Cable tool rig and two Jaen Item 03 as approved A. Column pipe If: 10 W B. 16"9ui�--- -- -- —_- ASS fly � C. Guide materials fS v 15 00 0. T 1Linlppuiaa_._ -- ---- _ _ _ 75 00 E. Technical service man - v v@ 3 days/ 6 hours/ day P $42.00 hr. I rps7' 1i G(� I ' Less Previously billed _ 2,31 00 Total InfO'Le _ . I LA �M -- WTI, ioL.0FIF Ww* NIN 10""07N,18Irin LA INE E aOWL EA INC • IN1uC00#0AiN0h ZINC • 0ALLACI,ErIEA/UN v MEMO TO: Mounds View City Council AOM, FROM: Bruce K. Anderson, Director Parks, Recreation and Forestry DATE: October 17, 1985 RE: Position Title Change I - 1 Parks anA RnrreAtion iiasea on d recent survey Ji ♦cca- :ram. Departments, it appears that the current title of "Program Super- visor" for Mary Sdar:on does not accurately reflect her current respar,sibilities. we have surveyed the local municipalities and of the 45 communities we polled, the vast majority of the titles for the individuals doinq comparable work was either 'Recreation Supervisor" or "Athletic Superintendent". As our department is smaller than most municipal departments, I'd like to propose that Mary's title be officially changed from "Program Supervisor" to "Recreation/Athletic Supervisor". This issue was called to my attention by Mary and I fully support her position on this issue and would encourage the City Council to endorse the position title change as requested. Should you have any questions regarding staff Is position on this issue, fees. free to contact myself directly at ext. 020. BKA/sll cc: Mary Saarion MEMO 1'u: MAYUH AND CITY CUUgI'! FROM: CLERK-ADMINISTRA'l DATE: OCTOBER 17, 1985 r 'u SUBJECT: PROPOSED NOISE STANDARD AMENDMENTS As you may recall, in April of this year you reviewed proposed amendments to the State's noise standards from the Minnesota Pollution Control Agency and directed Staft to communicate the desire of the City that a public hearing be held on these proposed new standards rather than the suggested adoption without a hearing. Attached for your information is a copy of new notices received by the City withdrawing the original proposal for amendments and substituting a revised set of amendments for which public hearings will be held on November 19 and November 25 of this year. In discussing the revised amendments with Dave Kelso of the Minnesota Pollution Control Agency I learned that the only changes, which are highlighted on the notices, are contained in Sections 7010.0020 through 7010.0040. It would appear from reviewinn these revised amendments that there are no chenges of any significant nature from the original proposed amendments which Staff indicated did not appear to have any mayor impact upon the concerns of the City of Mounds View as it relate: to airport noise. Therefore, Staff would not recommend the City submit comments regarding the proposed rule amendments at the scheduled public hearings. DF?/mis Attachment .1 rAd STATE OF MINNESOTA POLLUTION CONTROL AGENCY Prolx>st-d Amendments ro Minn. Rules Parts 7010.0100 - 7010.0700, State NOTICE OF WITHDRAWAL Noise Standards OF PROPOSED RULE AMENDMENTS I. - Notice is hereby given that the rule amendments proposed'by the Minnesota Pollution Control Agency (•Agency) and published in the State Register (9 S.R. 2058, March 18, 1985) (-March 18 draft rule amendments') are hereby withdrawn. The Agency received more than 25 requests for hearing on the March 18 draft rule amendments. On September 24, 1985, the Agency adopted a resolution withdrawing those proposed rule amendments and at the same time authorizing the Executive Director of the Agency to commence a rule hearing on a different set of proposed amendments to the State Noise Standards. The new set of amendments is a modified version of the March 18 draft rule amendments. In modifying the March 18 draft rule amendments, the Agency has taken into acccunt comments received by the Agency during the comment period on the March 18 draft rule amendments. A copy of the Notice of Hearing on the newly proposed rule amendments is enclosed, along with a copy of the rule amendments as proposed. HOM.4S J, iGLI OiSKI Executive Director Date: October 7, 1985 r. STATE OF hINNESOTA POLLUTION CONTR0L AGENCY Proposed Amendments to Minn. Rules Parts 7010.0100 - 7010.0700, State NOTICE OF HEARING Noise Standards Notice is hereby given thdt a public heating will be held in the above -entitled matter at St. John's Lutheran Church, 6900 Nicollet Avenue South, Minneapolis, Minnesota 55409, commencing at 9:00 a.m. on Tuesday, November 19, 1965, and continuing in an evening session at the same location starting at 7:00 p.m.; and at the St. Louis County Boardroom: Courthouse Building, Third Floor, 5th Avenue West, Duluth; Minnesota 55802, commencing at 1:00 /.m. on Thursday, November 21, 1985, and continuing in an evening session at the same location starting at 7:00 p.m. Additional days of hearing will be scheduled, if necessary. All interested or affected persons will have an opportunity to participate by submitting either oral or written data, statements, or arguments. Statements or briefs may be submitted without appearing at the hearing. This matter will be heard by Administrative Law Judge Allan Klein, Office of Administrative Hearings, 400 Summit Bank Building, 310 Fourth Avenue South, Minneapolis, Minnesota 55415, (612) 361-7609. The rule hearing procedure is governed by Minn. Stat. 5514.14 to 14.20 (1984) and by the rules of the Office of Administrative Hearings, Minn. Rules Parts 1400.0200 to 1460.1200 (1993). Questions concerning the rule hearing procedure should contact the Administrative Law Judge at the address and telephone namber stated above. The subject of toe hearing will be the proposed amendments co Cults establishing State Noise Standards. The proposed rula amends.^.nts exe authorized by Minn. Stet. S116.07, st:bas. 2 anti 1 1,984). A copy of the proposed ruse amendments is enclosed. One free copy of the rule amendments is t.vailable on request by contacting: David Kelso Minnesota Pollul.ion Control Agency 1935 West County Road 8-2 Roseville, Minnesota 55113 Telephone: (612) 296-7372 Notice is hereby given that a Statement of Need and Reasonableness is now available for review at the Agency offices and at the Office of Administrative Hearings. The Statement of Need and Reasonableness includes a summary of all the evidence and argument which the Agency anticipates presenting at the hearing justifying both the need for and the reasonableness of the proposed rule amendments. Copies of the Statement of Need and Reasonableness may be reviewed at the Agency or the Office of .II Administrative Hearings and copies may be obtained from the Office of Administrative Hearings at the cost of reproduction. Any person may present his or her views on the proposed rule amendments in one or mere of following ways: by submitting written data to the Administrative Law Judge at any time before the close of the hearings by submitting oral or written data at the hearing; and by submitting written data to the Administrative Law Judge during the comment period following the hearing. The comment period will be not less than five working days alter the public hearing ends. The comment period may be extended for a longer period not to exceed 20 calendar days if ordered by the Administrative Law Judge at the hearing. The written material received during the commen- period shall be available for review at the Office of Administrative Hearings. Within three business days after the expiration of the comment period, the Agency and interested persons may respond in writing to any new information received during the comment period; however, no additional evidence may be submitted during this three-day period. The Agency requests that any person submitting written views or data to the Admiristrative Law Judge prior to the hearing or during the comment deriod also submit a copy of the written data to David Kelso at the address stated above. The proposed rule amendments may be modified if the data and views received during the hearing prucess warrant modification and the modification does not result in a substantial change in the pruposed amendments. Any person may request notification of the date on which the administrative Law Judge's report will to available, after whicn date the Agency .nay not take any finai actian on the rules for A period of five working days. if you desire to be so notified, you may no indicate at the hearing. After the haaring, yin .nay request notification by se.iding a written, request to the Administrative Law Judge. Any person may request notification of the date on which cne rules were adopted and tiled wlth the Secretary of State. The notice must be mailed on the same day that the rules are filed. If you want to be so notified ycu may sn indicate at the hearing c: send a request in writing to the Agency at any time prior to tha filing of the rules with the Secretary of State. You are hereby advised, pursuant to Minn. Stet. 511.115 19801, 'Small business considerations in rulemaking,' that while the rules as a whole may have an impact on small business, the amendments which are being proposed at this time do not change e- ) -3- the impacts which the existing rules may have on small businesses. Please be advised that Minn. Stat. ch. 10A requires eact lobbyist to register with thv State Ethical Practices Board within five days after he or she commences lobbying. A lobbyist is defined in Minn. Stat. SIOA.01, subd. 11 (1984) as any individual: (a) Engaged for pay or other consideration, or authorized by another individual or association to spend money, who spends more than five hours in any morth or more than $250, not including his own travel expenses and membership dues, in any year, for the purpose of attempting to influence legislative or administrative action by communica_ing or urging others to communicate with public officials; or (b) Who spends more than $250 not including his own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action I by communice.ting or urging others to communicate with public officials. The statute contains certain exceptions. Questions should be directed to the Ethical Practices Board, 41 State office Building, St. Paul, Minnesota 55155, telephone 1612) 296-5615. ((�� HMO �SIIA— rEx•acuttvP D.rector Dated: O�tohe: 7, 1985 i j • 4, 2br 05 IREJISOR I DSM/JA FD816 Pollut ton Control Agency f B a,r rwul,ry niv uinn 1 6 Proposed Rules Relating to NOise Control 5 6 Rules as Proposed tall new material) 1 For the purpose of chapter 101C, American National 5,andard 9 Institute, Acoustical Terminology, 51.1-1960 1R1976j and 10 Specificatior fcr Sound Lava: Meters, $1./-1983 are Incorporated 11 by reference. These publications are available from the 12 sme•ican National Standard Institute, 113C Broadway, Now York, 11 M.Y. 300:8 and can be found at: the OiftatA of the Minnesota 1/ Pollution Control Agency, 193S Nest County Road 2-2, Roseville, 15 Minnesota S5113: the Government Documents Section, Room 409, 16 Nilson Library, University of MinnesOt A, 309 19th Avenut South, 11 Minneapolis, Minnesota 55454; and the 5tatt of Minnesota Law 18 Liorary, FO-d Building, 117 University Avenue, Saint Paul, 19 Minnesota 56155. There documents art not subject to frequent 20 change. 21 The Feder,' Highway Adainistratior pubitcaticn, Sound 22 Piocrdures far No.suring Highway MDise: final Re(ort, 23 FHVA-DF-15-'R IAugust 19W is Incorporated by referenca. This 24 publication is available from the United States Depar cent of 7S Tran:prrtation, federal Highway A.Jninistrt: on. 1000 Nortr ;lore 26 Ro.id, Arlington, Virginia 22201 and can 'x found at: the 27 off ties of the Minnesota Pollution Control Agency, 1935 Nest 26 County Road B-/, Roseville, Minn sate 55113; the Gnvern<ent '.9 Documents Section, Row 609. Ni'sor Library, University of 30 Minnesota, 309 19th A'.enU9 £Oath, NlnnaalVlis, Minnesota 55656; 31 and the State of Minnesota Law Library. Ford Building, 117 32 University Avtnwe, Saint Paul, Minnesota 55155, This document 11 is not subject to frequent change. 11 '010.0020 DEFINITIONS. 15 Subpart I. Application The terms used In Chapter 7010 <'of • S.Iu I(i r 1 Yi:t, 65 )h0v)509 ) DSN/.1A AD6a6 1 have the meanings green them in this part. 2 Subp. 2. A-wighted. -A-velgnted' means a seen fic 1 weighting of the sound pressure level for the purpose of s determining the human response to sound. The specific weighting 5 Characteristics and tolerances are those given in American 6 Ma ti onal Standards Institute S1.1-1551, sect on 5.1. 7 Suop. 1. Daytrma. 'Dsytmom means those hours from 7:00 S A.M. to 10.00 P.M. 9 Subp. e. dNA). mill (A)" means a unit of sound Ieye I 10 aspressed in decibels )dal and A -weighted. 11 Subp. S. Declbsl. 'Decibel' has the war-Ing given it in 12 American National Standard Institute $1.1.1960 (M1976), section 11 2.1. 14 Subp. 6, impulsive wits. 'Imipulmive noise' means either 15 a single sound pressure peak (with either . rise time less than 16 200 milliseconds or total duration less than 700 ■iliisecondsi 17 or multiple sound pressure peaks (with either rise times less la than 200 milliseconds or total duration less than 200 19 milliseconds) spaced at least by 200 millisecond pauses. 20 Subp. 1. Ldo 'Ldn' (day, night sound level) means the 21 equivalent A-veighted sound level during a 21-hour time period 22 with a ten decibel weighting applied to the equivalent sourd 21 level during nighttime is Scarp. s. 1.mq L ' lequivalen: sound level) means the 25 constant round level that. In 60 eonneeutive +inutts, would 26 convey tee sue sound ener4y as the actual time -vs ying 27 A-ve-:ghted sound level. 28 sap. 1. Musicipelty. 'Municipality' means a county; a 29 city; a town; a regional planning and development coa�ission 10 es tabl_ishad under Minnesota Statutes, chapter 471; the 11 metropolitan council; or other governmental subdivision of the 12 state responsible by law for controlling or restricting land use 11 within its jurisdiction le Subp. 10. Mighttme. 'Nighttime' means those hours from 15 10:00 p.m. to 7:00 a.m. 16 Subp. 11. hnom. 'Person' means a person as defined in 2 Si WlS (REVISOR I DSN/JA RD6a6 non 2 Subp. 77. fouso pressure level. 'Sound pressure lwti' 3 his the meaning given it in American National Standard Institute a S1.1-1960 IR19761, section 2.6. 5 1010.0030 NOISE CONTROL REGO1RIIMtNT. 6 No pe'son may violate the standards astAousneii , ye.: 7 7010,0010, unless exeMptfd by Minnesota Statute., Section 6 116.07. ■ubd:v Sion Is. My municipality having authority to 9 regulate land use shall take all reasonable measures within Its i0 jurisdiction to prevent the establishment of land use activities 11 listed in noise area clessilicatlon trAC) l in any Watt" 12 whore the standards utab Liahed in part 7010.0040 are being or 13 will be exceeded. 16 7010.0040 NOISE STANDARDS. IS Subpart 1. Scope. These standards describe the limiting 16 levels of sound established on the oasis of present knowledge 17 for the proservation of public health and welfare. 'hose IS standards are consistent with speech, slap, annoyance, and 19 hearing conservation reguiresents for receivers within areas 20 grouped according to lane octivitlas by t.e none area 21 classification 1-W) system established ,n part 7010.0050. 2. However, these standar4s do not, by themselves, identify the 2J limning levels of Impulsive noise nee ed for Iie preservation 74 of public health and -titers Noise standards In scbpart 2 25 apply to all snurces. pot airpnrts, the adoitionsl noise 26 standards in subpait 1 also apply. 27 Subp. 2. Noise standards. IS hoist Area 29 Classification Daytime Nighttime 30 31 1 63 Log 53 Lag 32 66 Leq 66 Log 13 1 76 Log 71 Log I Ja Subp. 1. Additional airport noise standards. An Ldn of (a 7r e„fy 35 y!01��te1•�1 for wAC 1,7. 3, respec[ively, also appL a to It airports. 3 J r S/26/15 ;REVISOR f DSN/JA RD616 1 7010.0010 MOISL AREA CLASSIFICATION. 2 Subpart 1. Applicabllity. The none area clessif:uuon 1 n based on the 1&n4 use Activity At the Iocatior of the e receiver and determines the noise standards Applicable to that 5 land use activity unless an secept,on Is applied under suopart 1. 6 Subp. 2. Moue area classificatioas. The noise area • �\eee,, ,\e♦,v„e e,N \„e e\\,�,\,ee •„\\WeV •„ e•\l, 6 classification are listed below: 9 Moist Area 10 Clasalficatior. Lard Use Activities 11 12 1 Residential, educational, medical, 11 and dedicated nature Arose; Includes it all types of nontransient housing, 15 schools, churches, medical 16 facilities providing nighttime care, 17 such as hospitals and nursing homes, 1s and nature preserve&. 19 20 2 Commercial, entertai nine, and 21 recreational; includes office 22 build•-ngs, retail stores and 21 se -vices, transient lodging, medical 24 facilities not provauing nighttime 25 cars, polka, and Atnlet:c fields. 26 27 1 Industrial; includes vnufscturing, 26 utilities, transportation, and 29 agriculture. 10 Subp. 1. Escepu ons. The noise area clsssi',Catlo., for a 21 land use may be changed In the following ways If the applicable J2 conditions are met. 11 A. The daytime standards for noise aria 11 classification 1 shall be applied to noise area classification 1 25 during the nighttime It the land use activity does not include 16 overnight lodging. 37 B. The standards for a building In a noise area r <A. 65 'AE:ISGA , OS+, 1A R06 i. 1 cusalflcatlon 1 $hall be applied to a building In a noise area 1 classification I if the following conditions are mot; • 1 (1) the building is constructed in such a way a that the anterior to interior sound level attenuation is at :east 30 60(A); 6 111 the building has year-round climate controi; and e 3, the building has no Areas or ac cominodrt l a,A 9 contiguous to it that are intended for outdoor activities. 10 C. The standards for a building in a nose area 11 classification i shall be applied io a bu:lding in a noise area 11 classification 1 if the following conditions are act: 1-3 (1) the building is constructed in such a way 14 that the exterior to interior sound level attenuation is as 15 least 10 dil(A): 16 111 the building has year-round climate control; I' and to 131 the building has no areas or accommodations 15 contiguous to it that are intended for outdoor activities. • 10 D. The standards for a building in a noise area 11 classification 3 shall On appliea to a building in a noise aria 1: cla.sifica:tcn 1 1! tNe following ionditio.0 are men 13 111 the building Ia constructed in sacs A way 14 that the exterior to Interior sound love: attenuation is at 15 least 30 dg(A). 16 (2) the wilding has year-round climate cortrii 3T and 16 13) the building has no areas cr accooaodatiors 19 contiguous t3 it ohs. are InterAeo for outdoor activities. 30 1010.00e0 MEASUREMENT METHODOLOGY. 11 Subpart 1. Measureaoal location. Measurement of sound 31 must be made at or within the S plicsbla MAC at the point of 33 human activity which Is nesrost to the noise source. 36 Subp. 1. pguipaaet apeCiflCatloas. All sound level 35 measuring devices must be certified to meet Type 1, 11, or 6 16 specifications under Amen can Matt oval Standard Institute AMMnwl*n IN IN6 PAY.:, R !i !IAIIINS 5 C.:.'CI e :D/a5 IRCVI SUM I IISN/.IA 11116:0 r� 1 1 S1, 4-1943. 2 subp. 3. Cal brat on. All sound level measuring devices 3 must, at a minimum, be recertified or cross-referenced according a to American Nations: SLAndsrd Inst:tute s1.e-1903 annually. The S equipment must be externally field calibrated before and after a monitoring using a caaibration deviia v. :.._ 7 suund pressure level. 9 Subp. i. measurement procedures. The following procedures 9 must be used to oota:n representative sound level measurements: 10 A. Measurements must be made between thres and five 11 feet off the ground or surface and over from natural or manmads 12 structures which would diminish the sound level. 13 2. Measurements must be made using the A -weighting 16 and fast response characteristics of the sound measuring device IS as specified :n American Nations; Standard Institute S1.4-1933. 16 C. measurements must not be made in sustained winds 11 greater than 12 miles per hour or in precipitation. f16 0. Measurements must be made using a windscreen. 19 SuDp. S. Methods for determination of hourly Lsq. For the 20 determintn on of an hourly Leq' measuresents must be made using 21 the messur:ng devices as required under suti4rt 2 and used 22 according to the vrofacturer's recommendations. 23 A. Mr.d held as curing devices suit use the caeckoff 2e method descr bed in e71MA-DP-45-111, .action 3.f (August .904) for 2S determ.esuoi of hourly Lvq- 26 v. Automated or integrat,ng measunn2 dcvicr. sty ise 27 the checaoff method described in FWiA-0P-15-1A, section 3.6 28 (August 1911) or be operstsd in sccordsnce with the 29 manufacturer's recomsendationm for determination of hourly Lsq. 30 C. Methods equl•alont to those described in ■ubisrt 31 S, items A and a may be used provided they are approved by the 32 director of the Minnesota Pollution Control Agency. 33 SuDp. 6. Calculation of Ldn. Ldn shall be calculated la using the fo:lowing formula: ' 35 Ldn • 10 loglo 1/24 l(15 a 10 Ld/10 . 9 a 10 Ln•10/1011 ]6 hare Grew, •: is tvf Apr .. ;•p�.•ti L. 6 5�It, a IPEVISOM I DSNNA mail ] Ld • Ten times the log of the avarsya uri2yy :Ot the 10 1 nuurt from 7.00 A.M. to 10:00 p.m. • Ln • Tar it"6 the 10910 of the eve1690 energy for the 1 truura from 1u:00 P.M. to 7:00 a.s. 5 Subp. 7. Data dOCum,station. A Summary Sheet for all level u•urr eminea •hall be comoleted and Signed Dy the 7 person making the Measurements. At a minimum. the bpjadry sheaL 1 small include: P A. date; I 10 B. time; 11 C. location; 12 D. notse Source; 11 S. n nd speed and direction; 14 F. temperature; is G. humidity; 16 M. sake and model of measuring equipment; 17 1. field calibration results; Is J. monitored levels; and 19 F. site sketch ima eating note source, measurement • 20 locrtion, directions, distance,, end obstructions. 21 7010.007' SC'JND ATTLNUATION MEASURFHENT M[TKODOLOGr. '2 Subpart I. PurPOsa Sound level measurements made for 23 assessing sound attenuation as spetltted in part '010.005U, ?t subpart ), step a, C, or D, shall be mode according to ins 25 requirements of this part. 26 Suop. 2. Wipmeat. The equipment small meet the 27 requirements specified in pan 7010.0060, .ubpart 2. 2/ SuDp. J. Calibration. The equipment must. maaL LGe 29 calibration requirements Specified in part 7010.0060, subpart ). 30 Subp. a. Musurusat procedure. The measurement procedure 11 described in FkvA-DP-45-1F, section s must N used for 32 dettrainstiun of the sound attenuation. 11 Subp. 5. Squ.valent Methods. methods e991va1eni to those 14 described in subpart 1 may be used provided they are approved by 15 the director of the Minnesota Pollution Control Agency. 7 SA_ loww, 1 '010.0010 VAm1ANR. 2 If, upon written application of the responsible person, the t - -i:^v :.Iwe roar oy reason of escepttonal circumstances strict e conformity with any provisions of Ally notsa rule would cause 5 undue hardship, would be unressoneole, .wprac U cal, or no: 6 feasible under the circumstances, the Alancy mmy permit a 7 variance upon the cpnd1t10ns mod within the tine limitations as 1 it waw I ... „1e ureven uon, control, or abatement of ! noue pollution to ha:mony with the intent of the state an! any 10 applicf Ole federal laws. 11 12 aLRLALLm. Mlnne&otA mules, part& '010.0100, '010.0200, U 7010.0100, 7010. 0100, '010.0500. '010.0600, and '010.0700 are 11 repealed. b d0.1 has "•:e;4t81f{ . y DATE APPROVED: October 14, 1985 PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY. MiNNPcnme Regular Meeting September 23, 1905 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 --------------------------------------- The Mounds View City roiinr, l vae .gal lna ♦- --A-_ �- —11 �r +• Cali to uraer Mayor Linke at 7:00 PM on September 23, 1985. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: COcncllmembers Hankner, Quick, 3. Roll Call Blanchard, Haake and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works/Community Development Director Thatcher. 'lotion/Second: Hankner/Quick to approve the September 4. Approval of 1985 minutes as corrected. Minutes: September 9, 5 ayes 0 nays 1985 Motion Carried There were no residents requtsts of comments from 5. Residents the floor. Reuuests and Comnents from the Floor Motion/Seccnd: Llanchard/Haake to anprove the consent 6. Approval of ogee auirr.�s Item B, and waive the reading of tP: Consent Agsndr. resolution3. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley read proposed Resolution No. 1927, of appreciation to Judy Rowley for service on the Planning Commission. Motion/Second: Hankner/Quick to approve Resolution No. 1927, a resolution of appreciation to Judy Rowley or service to the Planning Commission. 5 ayes 0 nays Motion Carried Mounds View City Council September 23, 199S Regular Meeting page Two ----------------------------------------------------------------------------- Director Thatcher reviewed proposed Resolutions No. 1928 7. Report of and 1929, which performs the necessary reapportionment Director o of assessments caused by the Silver Lake Woods subdivision. Public Works/ Motion/Second: Quick/Blanchard to a Community Dvlpt pprove Resolution No. 1928 and waive the reading. 5 ayeb 0 nays Motion Carried Motion/Second: Haake/Ilankner to approve Resolution No. 1929 and waive the reading. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the 8. Public Hearing: first public hearing. J. A. Menkveld 6 Associates Mr. Menkveld revlewed the request for the proposed major subdivision of 2 lots into 4 and the need for a conditional use permit for the 400 sq. ft. accessory building at 8085 Woodlawn Drive. Don Schmolke, 8070 Edgewood, questioned where the house would be on parcel 22. Mr. Menkveld showed where it would be toward the front of the lot. 10 Mayor Linke e..plained that pe_ the building code, homes are required to be lined up close to the road. Mayor l.inke closed the public hearing and reopened the ragula- meeting at 7:20 PM. Motion!Secui,d: H3dke/Hankner to approve Resolution No. 1932, for a major subd.vision ai4 conditiona: use permit for a 400 sq. ft. accessory building at 8085 Woodlawn Drive, and waive the reading. 5 ayes 0 nays Motion Carried Attorney Meyers had no report 9. Report of Attorney Councilmember Hankner reported she had attended the 10. Reports of Association of Metropolitan Municipalities meeting Councilmembers of the Metropolitan Agencies Committee. Councilmember Quick reported the cost of the first ' annual Staff and Council picnic was $287.03. Councilmember Blanchard had no report. mounds View City Council Regular Meeting ----------------- -------------------------------- - .-..a enunial thank vnu to every- :ounciimealocL llaaka-.----- one who worked so hard on the picnic. She stated it had been very enjoyable. She also noted that the Festivities Commission needs members. Mayor Linke reported he had attended the Ramsey County League meeting last week. He also reported he had attended the Public Works/Recreation Open Space Committee meeting with Clerk/Administrator rauiey, wily- than discussed turning back Red oak Drive to mounds View. He reported the County has come up with an estimate of close to $4,000 to repair the road, and the Committee passed a resolution to turn back Red oak Drive to Mounds View, without the improvements. He added they will be going to the full board next week, and .:ill be writing letters to all the Commissioners, giving the City's stance and asking for the road to be repaired. Clerk/Administrator Pauley reminded the Council there would be no meeting next week, which is the fifth Monday. Clerk/Administrator Pauley advised that Mr. Donut is planning on reopening this Friday, and they have passed -he necessary inspections from the Health Department, ind they have filed their application and paid the fees, and still require a permit from the City. Motion/Second: Hankner/Blanchard to grant a license to Mr. Donut contingent upon the approval from the building inspector. 5 ayes 0 .gays Clerk/Admi.istrator Pauley updated the Council on tle status of the Fire Department budget and reque:;ts. !le stated they have asked for an a:tuarial update, and will be bringing that to the Council. Mayor Linke closed the regular meeting and opened the next public hearing at 7:42 PM. Finance Director Brager reviewed the proposed 1986 City operating budgets, and reviewed the proposed expenditures and revenues. He also reviewed the utility fund a,:d the proposed increases for sewer and water rates. Mayor Linke thanked Staff for the cooperation between hem and the Council in working together as a team on -he budget. Mayor Linke closed the public hearinc, and reopened the regular meeting at 8:08 PM. September 23, 1985 Page Three 11. Report Cle:k/Admini- strator Motion Carried 12. Public ',learing 1986 Proposed Operating Budget Mounds View City Council September 23, 1985 Regular Meeting Page Four ----------------------------------------------------------------------------- Motion/Second: Haake/Hankner to approve Resolution No. 13. Consider, n 1933, adopting the 1986 City Operating Budget, and of Rslt. iv33 waive the reading. 5 ayes 0 nays Motion Carried Mutiuu/Second: Blanchard/Quick to approve Resolution 14. Consideration No. 1934, adopting the 1986 General Revenue Sharing of Rslt. 1934 Budget, and waive the reading. 5 ayes 0 nays Motion Carried MotzoniSecond: Quick/Hankner to approve Resolution 15. Consideration No. 1935, certifying the 1986 Genera! Fund and of Rslt. 1935 Forestry Fund Property Tax Levy, and waive the reading. 5 ayes 0 nays Motion Carried Motion/Secured: Hankner/Quick to approve Resolution 16. Consideration No. 1936, certifying the 1986 Bonds and Interest of Rslt. 1936 Tax Levy, and waive the reading. 5 ayes 0 nays Motion Ci red Motion/Second: Quick/L�nke to approve Resolution No. 17. Consideration 1937, increasing water rates effective January 1, 1986 of Rslt. 1937 and waive the reading. 5 ayes 0 nays Mot -ion Carried Motion/Second: Linke/Haake to approve Resolution 18. Cor.sideretion No. 1938, increasing sewer rates effective January 1, of Rslt. :938 1986 and waive t;ie reading. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley reviewed changes made to 19. Consideration the proposed resolution since the Council reviewed of Rslt. 1917 it at their last agenda sess-on. Motion/Second: Blanchard/Haake to approve ResOlut1Go No. 1917, establishing various fees and charges, and waive the reading. 5 ayes 0 nays Motion C; ed Mounds View City Council September 23, 1985 Regular .Meeting Page Five ----------------------------------------------------------------------------- •�-d w+2O•�••..�.:, ....no ., i., �ru. eisieu lie Vu aid like [0 Ob[83n e building permit for 8100 Croveland, but was told there was a moratorium on building in that area. He passed out a packet of information to the Council, and pointed out a permit was issued on August 1st for a home in the same area. Director Thatcher replied that there was miscommunication among Staff, and the permit was issued in error, after the rvi wLu11 um went into eifee[. he added that Staff is con- ducting a study of access to the area and they hope to have 1t done within the next two weeks. Mayor Links Stated they need more information on access roads before they approve any other permits. Ken Sjodin stated that he had requested a building permit for that area in 1979 but had been denied then because the City wanted to study where to put the road. He added these are buildable lots, with the assessments paid. Mayor Linke stated the Council must consider the health, safety and welfare of the area, the sever and water connections, and so forth. It was agreed it would be discussed further at the next agenda session. ayor Linke reported the Mounds View Lions Club is looking at becoming involved in the Festival in the Park, and will be reporting back on it. Motion/Second: Quick/Blan.hard to adjourn the neeting 70. Adjournment it 8:38 PM. 5 ayes 0 nays Motion Ctaried Re��{ully subyejed, Donald . PaulO Clerk Ad aInistrato� ,�