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80-03-04 CITY OF HOUND Mound, Minnesota CM 80-85 CM 80-84 CM 80-82 CM 8O-77 CM 80-79 CM 80-80 CM 80-75 CM 80-74 CM 80-76 CM 8O-81 CM 80-78 CM 80-83 CM 80-88 CM 80-87 CM 80-86 Mound City Council March 4, 1980 City Hall 7:30 P.M. AGENDA !. Resolution Commending Timothy "Tim" Williams, Eagle Scout Pg. 508 2. Minutes Pg. 501-507 3. Public Hearings A. 1980 Street Project Pg. 499-500 B. Watermain Extension on Westedge Boulevard from Cty. Rd. 15 to approximately 600 feet south 4. County Road 110 Parking Pg. 498 5. Water Rates Pg. 493-497 6. Comments and Suggestions by Citizens Present (2 Minute Limit) 7. Rental of Dock Space Pg. 491-492 8. Licenses A. Cigarette License Renewal Pg. 490 B. Garbage & Refuse Collection License Renewals Pg. 489 9. Bids -.Tree Removal on Commons Pg. 488 10. Resolution Denying Special Use Permit Pg. 484-487 11. Data Privacy Act Pg. 479-483 12. VI Community Development Bloc~ Grant Program Pg. 476-478 13. Street Vacation Public Hearing Pg. 475 14. Revenue Sharing Audit Pg. 473-474 15. Tax Forfeit Land A. Block 5, Wychwood Pg. 472 B. Assessment Overcharge Pg. 471 16. County Environmental Health Ordinance Pg. 470 17. Transfer of Funds 18. Payment of Bills 19. Information Memorandums/Misc. Pg. 463-469 20. Committee Reports Page 509 M IN N ETON KA CONSERVATION ~DI~{ICT L.M.C.D. M~ETING SCHEDULE March, 1980 Saturday 3- 8-80 Water Structures & Environment Committee 7:30 a.m., Park Bench Eatery, Spring Park Saturday 3-15-80 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Monday 3-17-80 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 3-26-80 Regular Meeting of the Board of Directors 8 p.m., Tonka Bay Village Hall 4901Manitou Road (County Road 19) 3-3-80 3-4-80 CITY OF MOUND Mound, Minnesota March 3, 1980 COUNCIL MEMORANDUM NO. 80-89 SUBJECT: Addendum to Council Memorandum 80-80 Garbage and Refuse Collection License Renewal Renewal of the following license is requested: Mike's Sanitation 1 Truck Le6nard L. Kopp /,,r 3-4-80 CITY OF MOUND Mound, Minnesota March 3, 1980 COUNCIL MEMORANDUM NO. 80-90 SUBJECT: Cigarette License Renewal Cigarette License renewal has been received from Harry E. Johnson of Midwest Vending Company for: Duane's "66" Service fiu~eA. ZonaliF ~vZng. the ~¢Z,flz~orhood. ~d ~e a need~ ~p~v~mi, 6ul ~ a ~ ~ ~o~ aeei A~i Lane, ~m 7uxe& &~ev~ Z~er ~f~c Ao~ ~d p~v~ acc~ ~ a n~6~ of hom~ on ~ave~ ~ p~v~ ~cce~ to one ~0~ ol w~ - ~ ,.z~ (28 f~)~ v~ ~oae to ~e fi~ ho~ ~ ~e on ,'~~. (~ ~o ~e~ ~F ~e i~ now. W~ ~e ~ o[ wa~ ~d ~k~ ~e ~Oao~od. p~~. l~)e w~ to ~ee ,qmk~t Lane ~ta~ a ~ane. 7ho_nk ~/ou, /~. ~ /~r~. L~f 5~wd ~833 t/~ov~r ~o~ BRIB ,4~.,~ Lane P/r. & /~r~, Bruce ~!). Nelson 3225/b~w~t Lane 5andra Z. NeLson K, vin //Sz/Zl ,Y,~,Zandv£ew Drive P~r. & /~,~. D. ~('. Jack, on ~20~ ~ur~t lt8lt8 .~ iandv£ ev~ ~)nj_ye BL.ZI Damp£er .:.'~-r' / (".(,~. .. , ... · g a Cd~ ,'J O l'~ V,v earc~ ~X//~71 Vacnnt DRU,'~DND 20AD STATE OF MINNESOTA OFFICE OF tIEARING EXAMII~ERS FOR THE PUBLIC SERVICE COMMISSION In the Matter of the Petition by Continental Telephone Company of Minnesota for Authority to Change its Schedule of Telephone Rates for Customers Within the State of Minnesota Docket No. P-407/GR-79-500 REPLY BRIEF OF THE CITY OF MOUND INTRODUCTI ON The City of Mound is served by Continental Telephone Company of Minnesota, Inc., and said Company has filed with the Minnesota Public Service Commission a notice seeking a rate increase for telephone service furnished to customers in the City of Mou~.i and other parts of the State. The Mound City Council has directed its City Attorney to participate in the proceedings, and the City did intervene and has participated in some of the hearings held before the Examiner. The City of Mound was originally served by the Wat~.~town Telephone Company, and in 1953 the Watertown Telephone Company was provided with EAS service between the cities of Mound, Watertown, Delano, Maple Plain, St. Bonifacius, Mayer, and New Germany. In 1959, the _Mound exchange was converted to a dial system and EAS was provided to the Minneapolis/St. Paul area. The Minnesota Railroad and Warehouse Commission set the rates for this increased service.. In 1970, the Westonka Telephone Company, successor to the Watertown Telephone Company and predecessor to 'Continental, received a rate increase for its Mound exchange which became effective upon the cut over of the new electronic switchboard. In 1973, Continental Telephone Company of Minn.~ ~ota consolidated all of the little companies they had. purchased around the state. The testimony is clear that many of the exchanges Which were purchased by Continental and consolidated into one company were companies that had been purchase(.], for minimal amounts, and the companies had poor equipment and poor service. In the intervening years, Continental Telephone has encountered a substantial number of problems in the state. In 1975, they filed a rate case before the P~].ic Service Commission which proposed an increase in excess of 100% for participators in t3~e Mound exchange. Eventual!!, a 74% rate increase was permitted increas'ing .the basic cost of service from $8.65 per month to $15.05 per month in 1976. The City of Mound appealed that decision both in the courts and before the Public Service Commission and after substantial expenditures of time and money the Company filed for a rate realignment which established the rate of $13.65, this rate being 57.8% of the rate charged in 1975. The City of Mound has in its limited way fought, and will continue to fight, Continental Telephone Company of Minnesota, Inc., regarding rate increases which the City and its residents believe to be totally unfair. A minor rate reduction which took place early in 1979 reducing the rate from $15.05 per month to $13.65 per month was immediately followed by Continental's filing in this case. The new filing proposes a rate of $17. 40 per month or an additional increase of approximately 27 1/2% over the existing rate and 102% over the 1975 rates. Mound is strenuously objecting to the proposed rate increases for the reasons set forth in this brief, and as set forth in the public hearings held in the City of Mo ~und and in oral arguments before the Examiner. ARG UM E NT The existing rates for telephone service in the City of Mound are excessive without a rate increase. Mound residents reside directly across the street from residents of the City of Spring Park who are served by Northwestern Bell Telephone Company and are asked to pay rates substantially in excess of those charged, to other persons living in the same area and served by the same telephone facilities. The 1976 rate adjustments~obtained by Continental Telephone resulted in an order directing the company to improve its quality of service. It now alleges that in the intervening years it has spent approximately $60,000,000 to upgrade its services in the State of Minnesota and that it will be required to spend approximately another $20,000,000 in the year 1980. Mound has been well aware for some time that these orders of the Public Service Commission were -2- ,.~! ~' totally valid as it relates to upgrading the poor service provided by Continental. throughout the State, but the city strenuously obj'ects' to having the Mound exchange pay a disproportionate share of the cost of providing such service. The improvements to the Mound exchange have been minimal, because the Mound exchange basically had over the years improved their telephone facilities and had paid for those improved facilities. Mound has approximately 4700 revenue producing ~mits and makes up approximately 5.7% of Continental's telephones in the State. When large expenditures are made throughout the system and charged against residents of Mound, they are being asked to pick up costs for improvements in other systems contrary to the policy of the Public Service Commission of the State of Minnesota. In PDS Ex. No. LFD-14, the policy of the Public Service Commission in upgrading one party service over ~innesota telephone companies is set forth, and to the best of our knowledge has not been changed, repealed, or modified. On Page 3 of said exhibit, the commis- sion indicates that the following process will be followed: "After the Commission examines the engineering and accounting data and finds the upgrading project to be feasible and in the public interest, the comp~any will be advised by the Commission to make a survey of the subscribers to ascertain if a minimum., of 75% of the customers agree t~ pay the rates pr. oposed or prescribed by the one party service." The policy goes on to clearly indicate that increased service should be paid for by the people who benefit by such service, and on page 4 the policy reads as follows: "The full cost of upqradin~ must be charced to only those subscribers who benefit from the upgrading. There should be no subsidizing by the other subscribers to a company service who do not benefit from the upgrad_~nq pr?ject." It is clear that contrary to this policy Continental Telephone is asking peop].e in the Mound exchange, which is the largest exchange in the system, to pick up the cost for Continental to rebuild its outstate system. -3- Not only does Continental ask~ Mound to pick up its share of the cost, it asks it to pick up a disproportionate share because it has established the highest rates in the Metropolitan area and now proposes to use a flat 27 1/2% increase. This results in the highest rate area in the system paying the largest increase and continues to ask the rate payers in the City of Mound to pick up the company's expenses in rural Minnesota. Mound is of the firm belief that when the Public Service Commission issues its findings as to a fair rate increase, that rate increase should be allocated in such a manner that the cost of service and the cost of providing the facilities is more directly assessed against the parties receiving that benefit. It would appear that the very least that the Examiner and Public Service Commission should approve would be a standard increase for all exchanges across the state, not on the basis of percentage but on the basis of cost per telephone equalized. If the proposed method of establishing rates were to be adopted and followed in a future action, let us use the following ex amp le: Rural exchange - $10.00 Mound exchange (after rate increase) - $17.40. Let us then assume that there was a 20% increase in two years. The rural telephone exchange would then pay $12.00 ($2.00 increase). The Mound customer would pay $20.88 ($3.48 increase). If one continues to project that, one can see that Mound's rate increase would be about double what the outstate increase would be, even though the expenditures for improvement were being made essentially in the outstate exchanges. This is unfair and discriminatory and would set a bad precedent. It sets. rates not based on cost of service or on value of service or any other theory but merely discrimination against the largest exchange which alrea¢]y has the hi.qhest rate. This is doubly -4- unfair to Mound because ~,Iound residents have bouqht and paid for most of their system before Continental Durchasec] the Westonka Telephone Company. Minnesota Statutes Section 237.075, Subd. fo 1 lows: 4, reads as "The burden of proof to show that the rate change is just and reasonable shall be upon the telephone com, pany see?,:ing the change." There has been no evidence introduced by Continental to show that the rate charge in the Mound exchange is just anc! reasonable, and therefore the request for a rate increase should be denied. Subd. 5 of the same stat.ute indicates, "If after the hearina the ComMission finds the rates to be unjust or unreasonable or discriminatory, the Commission shall determine the rates to be charged or applied by the telephone company for the service in question and shall change them by order to be served upon the telephone company." Mound feels that the rates being proposed, for their exchange are discriminatory. We are.advised~ by representatives of the company that they do not set rates on an exchange by exchange basis, but a review of the rates for the miscellaneous exchanges within the Metropolitan area and outstate show that tile rates do vary substantially from exchange to exchange. Does this mean that none of the rates in the Continental system are e~tablished based, on evidence but rather on history that those exchanges paying the hie. test cost would continue to pay higher costs, and those exchanges pay'ing the lower cost would continue to carry a smaller share of the fair and' reasonable rate to which the telephone company is entitled? Minneso[;a Statutes 237.075, Subd. 6, indicates in part. "For purposes of determining rate changes, the Co]rmission shall consid~er the original cost of telephone company property included in the chart~e and shall make no allowance for its estimated current replacement value." Mound is not being askec! to pay for telephone service on the basis of the original cost of that 'system, but rather is bein~ charged in effect for tho cost of new telephone systems in various other parts of 'the State. CONCLUSION There has been no showing by the Continental Telephone Company of Minnesota, Inc., that the costs incurred by the company warrant a rate increase in the City of Mound. The 57. 8% increase incurred by the City in the last three years more than covers capita], expenditures which were warranted for this exchange and far exceeds the capital investment made in the exchange and also exceeds the inflationary figures presented to the Commission by the Company. In the Company's brief dated February 4, 1980, page 2, the Company indicates that the reason for the rate increase results from two major factors. First, the service improvement program 'agreement entered into between the Company and the Public Service Com~i'ssion on May 19, 1976, approved by the Commission on June 8, 1976. It is that agreement that subscribers in the Continental system are being asked to pay at this time, and the Mound exchange should not be asked to pay the largest share of those improvements which were not required in or made in the Mound exchange. The second major' factor necessitating an increase is the impact of inflation on the Company's goods and operating costs. Mound would agree that it should pay its share of these costs but further contends that with the substantial increases which have taken place in tJ~e Mound exchange they have more than paid for the increase brought onto the Company by inflation. Mound basically adopts the position advocated by Dr. Simmons and the Public Service Commission staff and strong]_y objects to the rate increase bein~ proposed as being unreasonable and discriminatory to the Mound exchange. Dated February 29, 1980. Curtis A. Pearson Attorney, City of Mound 5341 Maywood Poad Mound, Minnesota 55 36~ HERBERT P. L£FLER J. DENNIS O'BR~EN JOHN 8. DEAN GLENN E. PURDUE LAW OFFICES LE:FEVERE, LEFLER, PEARSON, O' BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA TELEPHONE (612)333-0543 February 26, 1980 BROOKLYN CENTER OFFICES 610 BR00KDALE TOWERS RICHARD J, SCHI~ Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: 1978 Street Improvements Thomas vs. City of Mound Dear Len: This will acknowledge receipt of your note of February 25 wherein .you enclosed a copy of a letter from Lyle Swanson. It is my understanding that he is asking you if the City can pay two claims which apparently are the responsibility of Thomas Construction. I would think that Darsbach and Peterson should make their claims directly against Thomas as the City did not contract for or purchase the materials from the Petersons nor were they in- volved in the alleged d. estruction of property. Those are responsibilities and contractual liabilities of Thomas and not of the City of Mound. I do not see how we can pay them out of the retainage account without eventually ending up having the costs absorbed by the City. I am currently negotiating with Tom Roo~ey to see if we can get rid of this whole problem. As you know, Thomas is seeking arbitration and unless a settlement takes place Thomas, Mound, Mid. land Nurseries, Inc. and the Great American Insurance Company are all going to be involved in that arbitration. If we pay these claims it just gives Thomas another point to allege that the moneys were not owed by Thomas to these people, and if they were owed, it was Thomas' responsibility to negotiate and contest or resolve those claims. LAW OFFICES LEFEVERE, LEFLER, PEAR5ON, O'BRIEN & DRAWZ Mr. Leonard L. Kopp Page 2 February 26, 1980 I therefore suggest that Darsbach and Peterson be advised to pursue their claims against Thomas. If those claims are not paid willingly, then they of course can sue Thomas in concili- ation court. If the City gets involved., there will be two more problems for us to resolve in arbitration or through negotiations. V~ tr uly~07~ Curtis A. Pearson City Attorney CAP: ms cc: Mr. Lyle Swanson o z o ITl z z _- r-' 0 0 0 0 C C: C · -bm --I ,-I rn 0 r+ ::~' -'~ ~- ~ C:) O~ 0 15 REGULAR MEETING OF THE CITY COUNCIL February 12, 1980 Pursuant to due call ami notice.thereof a regular meeting of the City Council of the City of Mound, Hennepin County, Hinnesota was held at 5341Maywood Road in said City on February 12, 1980 at 7:30 p.m.. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston and Donald Ulrick. Councilmember Withhart was absent and excused. Also present were City H~nager Leonard L. ~)pp, C~ty Attorney Curtis A. Pearson, Assist- ant City Engineer John Cameron and City Clerk Marl, H. ~arske. MINUTES The minutes of the meeting of February 5, 1980 were presented for consideration. Polston moved and Lovaasen seconded a motion to approve the minutes of the ~eeting of February 5, 1980 as submitted. The vote was unanimously in favor. PUBLIC HEARI~!G - DELINQUENT UTILITY BILLS The Mayor then opened the'.public hearing'for inppt.on said delinquent utility bills and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the publie hearing. Polston moved and Swenson seconded a motion. RESOLUTION 80-66 RESOLUTION DIRECTING. THE CITY STAFF TO TURN OFF SERVICE TO DELINQUENT UTII.~TY ACCOUNTS ~e vote was unanimously ~n favor. PLANNING COMMISSION RECOMMENDATIONS Street Vacation - Portion of Land Abutting Lot 3, Block 13, Shadywood Point Polston moved and Swenson seconded a motion RESOLUTION 80-67 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A STREET VACATION TO BE HEARD ON iIARCH I1, 1980 AT 7:30 P.M. The vote was unanimously in favor. Subdivision of Land - Lot 23, Block 3, Wychwood Swenson moved and Polston seconded a motion RESOLUTION 80-68 RESOLUTION TO CONCUR WITH THE RECOMHENDATiON OF THE PLANNING COHMISSION TO APPROVE THE SUBDIVISION AS REQUESTED The vote was unanimously in favor. Division of Land, Lo~ 3, 4 and ~, Block 20, Shadywood Point Polston moved and Ulrick seconded a motion RESOLUTION 80-69 RESOLUTION TO CONCUR WITH THE RECOHHENDATION OF THE PLANNING COHMISS!ON ~41TH THE STiPLILATION THAT N] FURTHER VARIANCES BE GRANTED The ~te was unani[~ously in favor. 16 February 12, 1980 Subdivision of Land - Lots 6-]1, Inclusi,,e and Lots 20-25, Inclusive, B%ock %2, Avalon Polston nloved and Swenson seconded a motion RESOLUTION 80-70 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COHHISSION TO APPROVE THE SUBDIVISION OF LAND AS REQUESTED The vote was unanimously in favor. PARKING ON COMMERCE - COUNTY ROAD #110 Swenson moved and Ulrick seconded a motion to allot ten minutes for discussion regarding parking on Commerce. The Mayor requested this item be placed on the agenda of March 4, 1980. The Vote was three in favor with Lovaasen voting nay. WELL #6 REPAIR Mr. Elmer Korn of McCarthy Well Company submitted a proposal for repair of Well #6. Mr. Bob Listerb~rger of Bergerson-Caswell submitted an alternate proposal for repair of Well #6. '[~e Councii requested the staff to prepare a recommendation on repairs. 1980 STREETS Storm Drainage - Brookton Park Lovaasen moved and Polston seconded a motion to request the engineer to include this project in the 1980 street project. The vote was unanimously in favor. M. S. A. Maintenance Allotment Swenson moved and Lovaasen seconded a motion RESOLUTION 80-71 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS BECAUSE OF INCREASED MAINTENANCE COSTS ON M.S.A. STREETS The vote was unanimously in favor. 1979 STREETS The Council requested the engineer to certify the percentage of work completed on the 1979 Street Project. TAX FORFEIT LAND Ulrick moved and Polston seconded a motion RESOLUTION 80-72 RESOLUTION AUTHOR.IZING THE EASTERLY PORTION OF LOT 19, BLOCK 11, ARDEN BE TAKEN FOR WETLANDS The vote was unanimously in favor. Ulrick moved and Polston seconded a motion RESOLUTION 80-73 RESOLUTION AUTHORIZI~IG LOTS 4-7 AND 9-12, BLOCK 26, DEVON AND LOTS 4-6 AND 11-13, BLOCK 27, DEVON AND LOTS 9-13, BLOCK 28, DEVON BE TAKEN FOR WETLANDS The vote was unanimously in favor. ~O ~ February 12, 1980 17 Ulrick moved and ?01ston seconded a motion RESOLUTION 80-74 RESOLUTION AUTIIORIZING THE DiVISiON AND £OM~IN~rlON OF LOTS 1-4 AND 17-20, BLOCK 19, DEVON INTO FOUR BUILDING SITES The vote was unanimously in favor. Polston moved and Ulrick secOnded a motion RESOLUTION 80-75 RESOLUTION AUTHORIZING THE ENGINEER TO FILE A PERM- ANENT EASEMENT ON LOT 5, BLOCK. 7, PEMBROKE AND PLACE ON THE ~!AR×ET FOR SAI_E The vote was unanimously in favor. Polston moved and Lovaasen seconded a motion RESOLUTION 80-76 RESOLUTION AUTHORIZING LOTS 2 & 3, BLOCK 3, SETON BE TAKEN FOR WETLANDS The vote was unanimously in favor. Lovaase;~ moved and Polston seconded a motion RESOLUTION 80-77 RESOLUTION AUTHORIZING LOT 11 & PART OF RAILROAD RIGHT- OF-WAY AND LOT 28, BLGCK l, L. P. CREVIERS SUBDIVISION AND PART OF LOT 36, LAFAYETTE PARK BE TAKEN FOR STREET PURPOSES ~he vote was unanimously in favor. IJ!ric:( moved and Polston seconded a notion RESOLUTION 80-78 RESOLUTION AUTHORIZING LOT 4 AND THE SOUTH 5 FEET OF LOT 3, BLOCK 6, DREAMWOOD BE HELD OFF SALE The vote was unanimously in favor. Polston 'moved and Lovaasen seconded a motion RES3LU'f;O~I 89'-79 RESOLUTION AUTHORIZING PART OF LOTS 14 & 15, BLOCK 16, THE HIGHLANDS BE HELD OFF SALE The vote was unanimously in favor. Ulrick moved and Swenson seconded a motion RESOLUTION 80-80 RESOLUTION AUTitORIZI?iG TltE E~IG!~I~ TO 03TAIil A 3RAINAGE EASEMENT OVER LOTS 19-25 AND 38-44, BLOCK 3, A. L.. CROCKERS ADDITION TO LAKESIDE PARK. The vot~ was unanimously ~ favor. Ulrick moved and Polston seconded a motion RESOLUTION 80-81 RESOLUTION AUTHORIZING A!.L OTHER'LAN9 LISTED ON THE TAX FOREIT LIST BE HELD OFF SALE The vote was unanimously in favor. COMIIENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. February 12, 1980 POLICE Ulrick moved and Swenson seconded a mot[on to establish certain stipulations regarding PoJice Commission meetings (J) The Mayor not participate in any meeting in which each city's representatives do not meet an equal number, (2) the minutes of the meetings reflect all ideas presented, (3) the Council review the progress on May 1, 1980 and (4) the press be invited to all meetings. The vote was unanimously in favor. BIDS Land Sale Bids Ulrick moved and Polston seconded a motion RESOLUTION 80-82 RESOLUTION ACCEPTING THE BIDS 'RECEIVED AND AUTHORIZING THE MANAGER TO NEGOTIATE THE SALE OF THE REMAINING LOTS The vote was unanimously in favor. LIFT STATION REPAIR Polston moved and Lovaasen seconded a motion. RESOLUTION 80-83 RESOLUTION AUTHORIZING THE LIFT STATION REPAIR BE DONE BY THE LOW BIDDER - TRI-STATE DRILLING The vote was unanimously in favor. FIRE DEPARTMENT SALARIES Polston moved and Lovaasen seconded a motion RESOLUTION 80-84 RESOLUTION APPROVING INCREASED WAGES FOR FIREFIGHTERS AND ESTABLISHING A THREE YEAR PAY PROGRAM FOR THE ~gU~D FIR~ nroa~,4r,,~ The vote was three in favor wlth Swenson abstaining. PAYMENT OF BILLS · Polston moved and Swenson seconded a motion to approve payment of the bills as s~l)rnittad on the pre!ist in tqe amount of $57,48;.53 where funds are available. Roll call vote was unanimously in favor. WATER RATES The Council requested the manager contact Hickok and Associates regarding further information on the water rates. CABLE T.V. The Council agreed the City should join ~he Cable Television Information Center. ADJOURN~ENT Ulrick moved and Polston seconded a motion to adjourn to the next regular meeting on February 19, 1980 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske CMC, City Clerk/Treasurer Leonard L". ~i;;;!~, City Manager 20 February 19, 1980 The vote was unanimously in favor. LOT DIVISION - AUDITORS SUBDIVISION 168 The Council directed this matter be sent to the Planning Commission. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. WELL #6 REPAIR Withhart moved and Ulrick seconded a motion RESOLUTION 80-89 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO ACCEPT THE PROPOSAL OF STEVENS WELL COMPANY The vote was unanimously in favor. TAX FORFEIT LAND Withhart moved and Ulrick seconded a motion RESOLUTION 80-90 RESOLUTION ACKNOWLEDGING THE LIST OF TAX FORFEIT LAND SUBMITTED BY HENNEPIN COUNTY AS NON-CONSERVA- TION LAND The vote was unanimously in favor. WINTER PARKING PERMIT Polston moved and Withhart seconded a motion RESOLUTION 80-91 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO GRANT THE PERMIT WITH CERTAIN CONDITIONS The vote was unanimously in favor. CIGARETTE LICENSES Polston moved and Withhart seconded a motion RESOLUTION 80-92 RESOLUTION TO AUTHORIZE ISSUANCE OF CIGARETTE LICENSES AS LISTED ON C. M. 80-67 The vote was unanimously in favor. DELINQUENT UTILITY BILLS Withhart moved and Swenson seconded a motion RESOLUTION 80-93 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS TO BE HEARD ON MARCH II, 1980 AT 7:30 P.M. The vote was unanimously in favor. PAYMENT OF BILLS Polston moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $182,713.O7 where funds are available. Roll call vote was unanimously in favor. February 19, 1980 21 COUNTY ROAD 15 Withhart moved and Lovaasen seconded a motion to clari~y Resolutions passed by the Council at the meeting of February 12, 1980. The vote was unanimously in favor. EXPLORER POST ~ REIMBURSEMENT OF ADVISORS Lovaasen moved and Withhart seconded a motion to approve 'paying costs for advisors. Ulrick moved and Swenson seconded a motion to table this item. The vote was unanimously in favor. PARK COMMISSION MINUTES Withhart moved and Lovaasen seconded a motion RESOLUTION 80-94 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION THAT THE CITY PARTICIPATE IN THE PROPOSED SOCCER PROGRAM The vote was four in favor with Ulrick abstaining. HARDRIVES RETAINAGE Withhart moved and Ulrick seconded a motion to authorize payment of retainage upon certification from the engineer.when funds are available. The vote was unanimously in favor. ADJOURNMENT Withhart moved and Ulrick seconded a motion to adjourn to the next regular meeting. on March 4, 1980 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske CMC, C'ity Clerk/Treasurer Leonard L. Kopp, City Manager 3-4-80 CITY OF MOUND Mound, Minnesota February 29, 1980 COUNCIL MEMORANDUM NO. 80-85 SUBJECT: Public Hearing - 1980 Streets The condition of the bond market makes the 1980 Street Project unpredictable. The question arrives, if the Council orders plans and specifications, how do we pay the Engineer unless the bonds can be sold? No doubt, the bond market will open up again, but the timing may not fit our time table for work in-1980. CITY OF HOUND Mound, Minnesota February 28, 1980 COUNCIL MEMORANDUM NO. 80-84 SUBJECT: County Road 110 Parking Since Minnetrista has voted not to approve the construction of County Road 110, it is fe!t that the Council should not have to consider the construction plans. However, .the Council had laid over to March 4 the consideration of park- ing along Commerce Boulevard; therefore Mr. Mueller was contacted and asked if he wished the parking question held off until a later date. He said that he would still like the parking considered at the same time. This will be listed on the March 4 agenda. E~or~ard L. Kopp LLK/dd cc: Michael Mueller-2216 Commerce Blvd. A1Herzog--Hennepin County Herbert O. Klossner--Hennepin County CITY OF MOUND Mound, Minnesota February 28, 1980 COUNCIL MEMORANDUM NO. 80-82 SUBJECT: Water Rates As requested, the Engineer has made a breakdown of the suggested rate schedules with 6,000 gallons, 7,000 gallons, 8,000 gallons and 10,000 gallons minimum. As can be noted from the summary, the lower the gallonage minimum the larger the income. This will be on the March 4 agenda for discussion. The Engineer was not requested to be in attendance and this can be rescheduled for March 11 if the Council desires. If the Council does decide to establish rates from the above criteria, your attention is called to the suggestions in the rate sheets: Page 41 Page 42 Page 47 Commercial Billing Fire Sprinkler System Rates Install a Minimum Water Charge per Apartment If the Council wishes it might be better to prepare a resolution for a following meeting after the Council indicates what item or suggestion they want included. LLK/dd enc: cc: Eugene Hodge-5948 Lynwood Blvd. N.E. Geo. Boyer-Hickok & Associates 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 February 25, 1980 Mr. Leonard Kopp City of Mound 5341 Maywood Road Mound, MN 55364 Re: Water Rate Study Dear Leonard: Pursuant to your request, we have completed our analysis of the three additional water rate schedules suggested by the City Council. The results are shown on the attached summary sheet. The various rate schedules studied were as follows: ALTERNATE NO. 1 First 10,000 gallons Next 20,000 gallons Next 20,000 gallons Excess $8.00 min. 0.60/1000 gallons 0.55/1000 gallons 0.45/1000 gallons ALTERNATE NO. iA First 6,000 gallons Next 24,000 gallons Next 20,000 gallons Excess $6.00 min. 0.60/1000 gallons 0.55/1000 gallons 0.45/1000 gallons ALTERNATE NO. lB First Next Next. Excess 7,000 gallons 23,000 gallons 20,000 gallons $6.00 min. 0.60/1000 gallons 0.55/1000 gallons 0.45/1000 gallons ALTERNATE NO. lC First Next Next Excess 8,000 gallons 22,000 gallons 20,000 gallons $6.00 min. 0.60/1000 gallons 0.55/1000 gallons 0.45/1000 gallons ALTERNATE'NO. iD First Next Next Excess 10,000 gallons 20,000 gallons 20,000 gallons $6.00 min. 0.60/1000 gallons 0.55/1000 gallons 0.45/1000 gallons ALTERNATE NO. 2 First Next Excess 10,000 gallons 40,000 gallons ALTERNATE NO. 2A First 6,000 gallons Next 44,000 gallons Excess ALTERNATE NO. 2B First Next Excess 7,000 gallons 43,000 gallons ALTERNATE NO. 2C First Next Ecess 8,000 gallons 42,000 gallons ALTERNATE NO. 2D First Next Excess 10,000 gallons 40,000 gallons ALTERNATE NO. 3 First 10,000 gallons Next 20,000 gallons Next 20,000 gallons Excess ALTERNATE NO. 3A First Next Next Excess 6,000 gallons 24,000 gallons 20,000 gallons $8.00 min. 0.55/1000 gallons 0.45/1000 gallons $6.00 min. 0.55/1000 gallons 0.45/1000 gallons $6.00 min. 0.55/1000 gallons 0.45/1000 gallons $6.00 min. 0.55/1000 gallons 0.45/1000 gallons $6.00 min. 0.55/1000 gallons 0.45/1000 gallons $7.00 min. .55/1000 gallons .45/1000 gallons .40/1000 gallons $6.00 min. 0.55/1000 gallons 0.45/1000 gallons 0.40/1000 gallons ALTERNATE NO. 3B First 7,000 gallons Next 23,000 gallons Next 20,000 gallons Excess $6.00 min. .55/1000 gallons .45/1000 gallons .40/1000 gallons ALTERNATE NO. 3C First 8,000 gallons Next 22,000 gallons Next 20,000 gallons Excess $6.00 min. .55/1000 gallons .45/1000 gallons .40/1000 gallons ALTERNATE NO. 3D First Next Next Excess 10,000 gallons 20,000 gallons 20,000 gallons $6.00 min. .55/1000 gallons .45/1000 gallons .40/1000 gallons The results, as indicated on the attached summary, are self explanatory. All of the alternative rate schedules generate reve- nue in excess of the estimated cost of service ($310,000). If you have any questions and or comments, please contact me at your~l~ convenience. Sl~'~erely, ' EUGENE A. HICKOK AND ASSOCIATES George W. Boyer, P.E. Vice President GWB:lf SUMMARY OF RESULTS ALT E RNAT E 1 iA lB lC iD 2 2A 2B 2C 2D 3 3A 3B 3C 3D REVENUE GENERATED $377,700 376,774 371,005 365,463 355,148 361,600 358,872 353,582 348,504 339,048 330,600 342,058 333,859 328,780 319,324 3-4-80 CITY OF MOUND Mound, Minnesota February 25, 1980 COUNCIL MEMORANDUM NO. 80-77 SUBJECT: Rental of Dock Space Attached is a copy of a letter from the L.M.C.D. relative to rental of Dock Space on private property. The Mound Ordinance covers dock spaces on commercial property, and parks, commons and other public lands. Does the Council wish to consider this matter? cc: L.M.C.D. LAKE MINNETONKA CONSERVATION DISTRICT TO: 'FROM: DATE: SUBJ: cITY'ADMINISTRATORS OF LMCDMEMBERMUNICIPALITIES F. Mixa February 20, 1980 Rental of Dock Space on Lake Minnetonka We are becoming aware of the increased use of residential dock space on the Lake for storage of nonresident-owned boats. The LMCD, in addition to requiring compliance with municipal zoning ordinances, amended the LMCD Code in 1978 to provide Section 3.02, Subdivision 10: No person shall sell, rent,.or lease for watercraft storage purposes any space within dock use areas other than at commercial docks or at docks of apartments. In order to deal with the increased concern relative to the extent of this practice, and the village attitude on the matter, we would appre-' ciate your comments as to village policy on renting or leasing of dock space, and a copy of any governing ordinances, Your prompt response will be greatly appreciated. 3-4-80 CITY OF MOUND Mound, Minnesota February 26, 1980 COUNCIL MEMORANUM NO. 80-79 SUBJECT: Cigarette License Renewal Cigarette licenses expire February 29, 1980. has been received. Superamerica Station Store The following renewal L. Kopp 3-4-80 CITY OF MOUND Mound, Minnesota February 26, 1980 COUNCIL MEMORANDUM NO. 80-80 SUBJECT: Garbage & Refuse Collection License Renewals Garbage and Refuse Collection licenses expire February 29th. The following renewals have been received: Dependable Services Westonka Sanitation Woodlake Sanitary Service Blackowiak & Son 1 Truck 2 Trucks 1 Truck 3 Trucks 3-4-80 CITY OF MOUND Mound, Minnesota February 22, 1980 COUNCIL MEMORANDUM NO. 80-75 SUBJECT: Bids - Tree Removal on Commons Quotes have been received for bids for removal of a diseased and dangerous trees on Commons and in various parks. The quotes are: Lutz Tree Service $2,000.00 Eager Beaver Tree Service 1,595.00 The bid of Eager Beaver Tree Service is recommended. Leonard L. Kopp 3-4-80 CITY OF MOUND Mound, Minnesota February 21, 1980 COUNCIL MEMORANDUM NO. 80-74 SUBJECT: Resolution Denying Special Use Permit Attached is a copy of a proposed resolution denying the issuance of a Special Use Permit for a Club at Baypoint Apartments. /77 RESOLUTION DENYING THE APPLICATION OF BAY POINT APARTMENT HOMES FOR A CONDITIONBL USE PERMIT AT 4363 WILSHIRE BOULEVARD WHEREAS, the State Legislature of the State of Minnesota has adopted Chapter 862 of the Minnesota Statutes granting to the City authority to zone and. regulate the uses of ].and, and WHEREAS, the City of Mound has adopted a zoning ordinance establishing permitted and conditional uses in the various zoning districts, and WHEREAS, Bay Point Apartment Homes owns and operates an apartment complex consisting of 196 units at 4363 Wilshire Boulevard, Mound, Minnesota, and WHEREAS, miscellaneous variances were granted_ in 1968 to allow the construction of those units and allowed, for a reduced number of parking spaces, reduced area for each parking space, and made other concessions to allow the structures to be built and at the time said variances were granted, apartment complexes were required to provide one and one-half spaces per unit, and WHEREAS, the applicant for this conditional use permit did in November of 1979 commence an advertising program soliciting memberships in the "Bay Point Pool and Yacht-Club" and when City officials saw these advertisements they immediately notified the property owners that such a club was not a permitted use and would be in violation of the zoning ordinance. The applicants were further told they should not do any further advertisina and if there was to be any chance of the operation of such a club on' the premises it would reguire a conditional use permit, and WHEREAS, the applicant did file for a conditional use permit under the provisiens of Section 23.06, subd. e(1) of the City Code, which reads as follows: "Nursing and Rest Homes, Medical Hospitals, Clinics, Clubs, Fraternities and Lodges, Boarding and Lodging Houses", and said application was considered by the Planning Commission and referred to the City Council, and WHEREAS, the council has called for a public hearing and directed the City Planner to prepare a report on the proposed development, and WHEREAS, the Planner has pointed out in his report that the type of facility being advertised to the p~lic would create two principal uses on the same property. He further pointed out that the types of amenities being suggested wou]_d be a proper accessory use to an apartment complex, but would, not be a proper princiDal use to share a parcel with an apartment complex, and WHEREAS, Section 23.0001(17) defines a Club or lodge as follows: "Club or Lodge. A club or lodge is a non-profit association of persons who are bona fide members paying annual dues, with a use of premises being restricted to members and their guests. It shall be permissible to serve food and. meals on such premises, providing adequate dining space and kitchen .fa<~ilities are available. Serving of alcoholic beverages to men,hers and their guests shall be allowed, providing that such serving of alcoholic beverages is in compliance with the applicable Federal, State, and Municipal laws." and, WHEREAS, the applicant acknowledges that they are not currently a non-profit association but that they plan to establish such an association, and the City Attorney has advised the City Council that under Minnesota Statutes 317.02, subd. 5, 317.05 and 317.08, it is doubtful that the organization could qualify as a non- profit corporation because such corporations are limited to purposes not involvinq pecuniary Gain and there can be no dividends or pecuniary remuneration directly or indirectly to the shareholders, and it appears in this case that the sole purpose of such a corpora- tion would be to transmit rents through the non-profit corporation to the applicant, and WHEREAS, the council did review some of the parking require- ments and finds that the ordinance has been chan~ed to two and one- half stalls per unit which would require ~90 parking stalls and currently there are 300, and that further additions to the property would, require at least 45 more parking stalls or a total deficiency of 235, and WHEREAS, the council has further pointed out to the applicant that not only must they meet these requirements but that since the ordinance has been changed since the construction they are a non- conforming use and their entire site if modified will have to be brought up to the standards contained in Section 23.06(f) of the City Code; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND that the application for a conditional use permit and -2- variances to construct the BaY Point Pool and Yacht Club on premises currently being operated as Bay Point Apartment Homes at 4363 Wilshire Boulevard is hereby denied for the following reasons: The operation of a p0ol and yacht club is not authorized und. er the Mound zoning code. If the applicant did create a non-profit corporation it would still provide for two principal uses on the same parcel of land which is already over crowded. The sole purpose for creating such a club would be to create a new monetary return to the apartment owners and. would violate the non-profit definition in the Mound zoning code. There is currently inadequate parking on the facility and the · use is non-conforming as the result of parking deficiencies. Any expansion of parking would take away from green area or would rely on a filling station and a supper club located across a bUsy state-aid street and those parcels frequently have parking problems themselves. The applicant could not meet the new standards provided in Section 23.06(f) of the zoning code and state law. The provisions as set forth in the Whereas statements in this resolution an¢]. the aforedescribed findings are all considered as reasons for denial of the conditional use permit. The City Council believes that the proposed, c1%~ facilities to ~serve people outside the complex would create more than one Principal use of a parcel, would conflict with the zoning code and would adversely affect the general health, safety and welfare of residents who live near these properties and the residents of the City as a whole. Attest: Mayor City Clerk 3-4-80 CITY OF M0tlIl0 Mound, Minnesota February 25, 1980 COUNCIL MEMORANDUM NO. 80-76 SUBJECT: Data Privacy Act Under the Data Privacy Act passed by the Legislature, it is required that each City pass a resolution and therein appoint by name a Responsi- ble Authority for meeting the requirements of that act. A copy of the proposed resolution is attached. It is recommended that Leonard Kopp be appointed the responsible au- thority and he shall delegate as necessary to other persons referred to as designees in the suggested resolution to administer the records under their control. If the £ouncil does as recommended above, then a request to exempt the items listed on the attached from being public knowledge such as the combinations to the safes, sealed absentee ballotts, etc. Leg~nard L. Kopp PART III PUBLIC DOCUMENT CONTAINING PROCEDURES ADOPTED BY THE RESPONSIBi. E AUTHORITY TO ADMINISTER THE MIN.NESOTA GOVERNMENT DATA PRACTICES ACT I, , the Respons~b!e Authoril~y for the City of ., appo!nted under a resolution adopted by the city counci! on the day of ., 1 9 ., hereby establish the follow- ing procedures for the administration of the Minnesota Government Data Practices Act: appropriate designee in charge of the particular files or systems containing the government data requested. Every attempt shall be made to comply with the requests in an appropriate and prompt 'manner as specified by these procedures and by the Minnesota Government Data Pracuces Act. Collection of Data Types A. Collection and storage of government data and data on individuals by employees and agents of the city shall be limited to that necessary for the administration and management of programs speci- fically authorized by the fedeeal government, legislature and this city. B. Private or confidential data on an indivi- dual shall not be 'collected, stored, used or dis- seminated by thls city for any purposes other than · those stated to ~he individual at the time of collec- tion in accordance with the following paragraph .C, except as provided in Minnesota Statutes 15.163, Subd. 4. C. All individuals asked by any employee or agent of this city to.supply private or confidential data concerning himself shall be informed of: (1) the purpose and intended use of the requested' data within th e city; .. (2) whether he may refuse or is legally required to supply the requested data; (3) any khown consequence arising from his supplying or refusing to supply private or confidential data; and (4) the identity of other persons or entities. autho:ized by state or federal law to receive the data. Requests for Government Data All requests for gov. ernment data must be in Writing and signed by the requesting person. When requesting private or confidential data, the request- ing person must identify himself by presenting a Minnesota d.~iver's license or another identifica- t<m card acceptable to the Responsible Authority or my designee which contains a photograph of the indNidual requesting the data. Requests for government data may be receNed by me or by the The types of records, files, and processes relating to privare and confido~tial data on individuals re- tained bY this city' and the citation to federal law or statute authorizing this classification, are the following: A~' 'Personnel data (Minnesota Statutes 15.1692) Personnel data means data on individuals cbllected because the individual is or was an emp!oyee of or an applicant for employment by this city. ' 1. Except for employees descri'bed in para-- graph 5, the following personnel data. on' current and former employees of this city is · public: - -Name; .. Actua( gross salary; .Salary cange;. Actual gross pension; lhe value and nature of employer-paid benefits; The bas'~s for and the amount of any added remuneration, including expense reim- bursement, · ~n addition to salary; . Job title; Job description; Education and train:ng background; Pre,,ious work expe~ience; Date of first and last employment; lhe status of any complaints or charges aga!nst the employee whether or not the complaint or charge resulted in a dis- cipl~nary act:on; The final d!sposition of any disciplinary action and suppo:ting documentation. 2. E}xcept for applicants described in para- graph 5, the following personnel data on current and forme.' applicants for ployment by th:s c;ty is.pttbfic: -4- llc. Photographic, photostatic,' microphotogra- phic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of these records. PART Ii RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASS!GNING DUTIES WHEREAS, the Minnesota Go,,ernment Data PractIces Act, Minnesota Statutes,Sections 15.1611 to 15.1698 as amended, requires that this city appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on indivi- duals, government data, and summa.n/data, within this city and, WHEREAS, the city council is concerned with the responsible use of city data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the Act and assigning duties to that person; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF , MINNESOTA: 1. The city council of , Minnesota, appoints as the Responsible Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, Minne- Sota Statutes, Section 15.1611 through 15.1698, as amended. (Note: an individual must be ap- pointed, rather thafi designating this duty to an office. If a different person is appointed later as the .Responsible Authority, this portion of resolution must be amended to indicate the name of the new Responsible Authority.) 2. The Responsible Authority may designate a city employee or employees to assist in the ad- ministration and enforcement of the duties of the Responsible Authority and to be in charge of in- dwidual files or systems containing government data and to receive 'and comply with requests for government data. if the Responsible Authority appoints a designee or des!gnees, this appoint- ment must be in writing, and the city council shall be provided a copy of the appointment. If des!g- nees are appo;nted, the Responsible Authority sahI! instruct the des;gnees in the requirements of administering and enforcing the Minnesota Government Data Pract;ces Act. (Note: this is permitted under M.S. 15.1621, Subd. ~.) 3. The duties of the Responsible Authority and designees are as follows: a. The Responsible Authority shall keep records conta;ning government data in such an arrangement and condition as to make them easily accessible for convenient use by the pub- b. The Responsible Authority shall es- tablish procedures to insure that requests for government data are received and complied with in an appropriate and prompt manner. 'c. The Responsible Authority or designee shall, upon request by any person, permit that person to inspect and copy government data during the normal business hours of the city and at places provided by the Responsible Authority, and 'if the person requests,, that per- 'son shall.be informed of the data's meaning. The Responsible 'Authority or designee shall provide copies of government data'upon. quest. The Responsible Authority or designee shall require the requesting person to pay the actual cost 'of making, certifying and compiling the copies. If the Responsible Authority or designee is not able to provide copies at the time a request is made, the Responsible Auth- ority or designee shall supply copies as soon as reasonably possible. If the Responsible Auth- ority or designee determines that the requested government data is classified so as to deny the requesting person access, the Responsible Auth- ority or des!ghee shall so inform the requesting person orally at the time of the request, and in writing a's soon thereafter as possible, and shall cite the; statute, temporary classification, or federal law upon which the determination is made. d. The Responsible Authority shall pre- pare a public document containing his name, title and address, and a description of each type of :ecord, file, or process relating to private or 'confidentia! data on individuals :etained by the city. Forms used to collect private and 'confidential data shal~ be included in this docu- ment. The Responsible Authority shall update the public document annually and make any changes n.ecessary to maintain the accuracy of the document. e. The Responsible Authority shall estab- lish procedures to assure that all data on indi- viduals is accurate, complete, and current for the putposes for which it was col}ected; and establish appropriate security safeguards for all records containing data on individuals. f. The Responsible At~l~ority or designee shall prepare summary data from private or con- fidential data on individuals upon the request of any person, provided that the ~equest is in writing and the cost of preparing the summary data is borne by the requesting person. The Res- ponsible Authority may delegate the power to prepare summary data to the administrative officer responsible for any central repository of summary data; or to a person outside of the city if the person, in writing, sets forth his purpose and agrees not to disclose, and t~he Responsible Authority reasonably determines that the access will not'compromise pdvate or confidential data on individuals. g. The Responsible Authority shall pre- - pare a public document setting forth the rights of the data subject pursuant to the Minnesota Government Data Practices Act and the specific procedures in effect in the city for access by the data subjects to public or private data on individuals. h- The Responsible Authority or designee shall allow another Responsible Authority or designee access to data classified as not public only when the access is authorized or required by statute or federal law. The Responsible Auth- ority or designee when supplying government data under this provision may require the re- questing Responsible Authority to pay the ac- tual cost of supplying the data. i. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for permission to classify tem- porarily data or types of data on individuals as private or confidential, or data not on in- dividuals as non-publi% on a temporary basis until a proposed statute can be acted .upon by the Legislature: j. Upon request to the Responsible Authority, or designee, any individual must be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. U. pon further request, the ividu;l who is' the subject of stored private data on individuals shall be shown.. the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. The Responsible Autho- -rlty or designee shall provide copies of the pri- vate data upon request by the individual subject of the data, and the cost of. providing copies shall be borne by the individual. The Responsi- ble Authority or designee shall comply imme- diately, if possible, with any request made by an individual under this paragraph, or within five days of the date of the request, excluding Saturdays, Sundays and. legal holidays, if im- mediate compliance is not possible. If the. Res- ponsible Authority or designee cannot comply with the request within that time, he shall so inform the individual, and may have an addition- al five days within which to comply with the ' request, excluding Saturdays~ Sunday and legal. holidays. : 'k." if an individual contests the accuracy ~or' completeness of public or private data con- cerning himself, and notifies in writing the Responsible Authority describing the nature of the disagreement, the Responsible Authority shall within thirty days either correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or notify the individual that the' Responsible Authority believes the data to ' be correct. Data which is in dispute shall be dis- closed only if the individual's statement of dis, agreement is included with the disclosed data. 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect until modified by the city council. Adopted by the council of the city of ~. this .. r day of ,19 .... Mayor Clerk -3- Page 2 The League will be applying for the temporary classification of certain data which would otherwise become public after January 1. This will include the following types of data: 1. combinations to safes; 2.. locations of and procedures for handling cash; 3. locker combinations; 4. key codes; 5. key numbers; 6. master keys and the locations thereof; 7. diagrams, locations and related information pertaining to alarm or security systems; 8. code words used to designate emergencY situations; 9. patrol schedules of security personnel; 10. security investigations; 11. data access codes which allow access to computerized data; 1 2. location and inventories, of firearms, ammunition, non-lethal gas supplies, surveillance and bomb disposal equipment maintained by law enforcement agencies; 13. location and floor-plans of property evidence rooms and police communication centers; 14. floor plans of jails, Iockups, and other correctional and detention facilities; 15. floor plans and security information pertaining to banks and other commercial 6r indus- trial facilities, when such floor plans and security information are held by a public safety agency or building officials; 16. blueprints, equipment specifications, building plans, and recipes owned by commercial restaurants and places of lodging or entertainment when such data are collected by a com- munity health program, law enforcement agency, or investigative agency authorized to collect the data in conducting licensing and other inspections having to do with the public health, safety or welfare; 17. inventories and locations of medications and controlled substances in a medical center, hospital, clinic, drug or alcohol abuse treatment center, court, or law enforcement agency or in the possession of any individual, agency, institution, organization or other entity under contract to any of the above agencies; 18. data collected by the city as part of an active investigation undertaken for the purpose of the commencement or defense of a legal action, or' which is retained in anticipation of a legal action, including but not limited to judicial, administrative or arbitration proceedings.; 19. proprietary information contracted for or entrusted to political subdivisions; 20. sealed absentee ballots prior to opening by an election judge; 21. sealed bids received prior to the award of a contract for goods or services; 22. trade secrets; 23. personnel examination forms and testing materials; 24. documentation relating to negotiations between labor and management, bargaining unit determination, appeals to the public employment relations board, grievance handling, meeting and negotiating and mediation and arbitration, with the exception of any final agreements or settlements accepted by all contending parties. Data not on individuals on any report or return required by any sales or use tax charter provision or ordinance of this city is requested to be non-public; and data on individuals concerning the al- fairs of the person making the report or return, when acqu!red in the course of an examination or audit authorized by a charter provision or ordinance from the records, officers or employees of the person making the report or return is requested to be private. Government data pertaining to planning strategy and negotiation in connection with economic de- velopment activity of a political subdivision is requested to be non-public during the pendency of the strategy and negotiation. Data on individuals which pertains to the identity of or the financial affairs of any person other than the city is requested to be private, except for any such data which is revealed by ordinance, resolution or contract by the city or which is revealed by the process of enacting or making the ordinance, resolution or contract. ,9'79 3-4-80 CITY OF MOUN0 Mound, Minnesota February 261 1980 COUNCIL MEMORANDUM NO. 80-81 SUBJECT: VI Community Development Block Grant,Program Attached is a copy of a memorandum from the Planner and a final resolution to be adopted on the Year VI Community Development Block Grant application. Lednard L. Kopp CITY OF MOUND Mound, Minnesot:~ February 26, 1980 TO: FROM: Leonard L. Kopp, City Manager Chuck Riesenber§, Planner This final resolution is requested by Hennepin County to submit our year VI CDBG application. Following prior City Council direc- tion, the year VI grant allocations per project are: 1. City Wide Housing Rehabilitation Assistance $29,259. 2. City Wide Utility Assessment Deferment 60,000. 3. City Wide Dutch Elm Tree Removal' 5,000. 4. Downtown Rehabilitation 4,500. 5. Administration 4,500~ Total $103,257. CITY OF RESOLUTION Resolution authorizing submission of the City of Community Development Program to Hennepin County for consideration as part of the Urban Hennepin County Community Development Block Grant Application, in accord with the Housing and Community Development Act of 1974, as amended. WHEREAS, the City of has executed a Cooper- ation Agreement with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, a three year Community DeveloPment Program and Housing Assis- tance Plan has been prepared consistent with the Comprehensive Urban Henne- pin County Community Development strategy and the Community Development Program Regulations, and WHEREAS, the threeyear Community Development Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County Citizen Participation Plan. BE IT RESOLVED, that the City Council of the City of approved the proposed three year Community Development Program and Housing Assistance Plan and authorizes the execution of the application material and its transmittal to Hennepin County for consideration as part of the Year VI Urban Hennepin County Community Development Block Grant Application. Adopted by the Council of the City of of , 1980. · this day Clerk Mayor 3-4-8O CITY OF MOUND Mound, Minnesota February 26, 1980 COUNCIL MEMORANDUM NO. 80-78 SUBJECT: Street Vacation Public Hearing At the February 12th meeting, the Council set the date of March llth for a public hearing on the street vacation of a triangular piece abutting Lot 3, Block 13, Shadywood Point. In the rush of getting the notices out on the March 4th public hearing on the 1980 Street Project, getting the notice to the paper on the street vacation was overlooked. The property owner requesting this vacation has been contacted and they are pleased to have the hearing postponed as they had a conflict for that night. It is recommended that the hearing date be amended to April 1st. ' Lednard IL.. Kopp- CITY OF MOUND Mound, Minnesota February 28, 1980 COUNCIL MEMORANDUM NO. 80- 83 SUBJECT: Revenue Sharing Audit The Revenue Sharing expenditures must be audited at least every three years. Attached is a copy of a proposal from the Auditors. A resolution authorizing this audit is recommended. LLK/dd enc: Le~)nard L. Kopp ¥7¥ BErlRGE M. HANSEN E:DMPANY Certi/ied Public Accountants 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY IOO MINNEAPOLIS, MINNESOTA 554! O ~46-2500 February 22,'1980 Mr. Leonard L. Kopp, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: The State and Local Fiscal Assistance Act of 1972, as amended (Revenue Sharing Act) requires that the City have a compliance audit of the Revenue Sharing activity for 1979. This audit is separate from the financial audit we conduct and is required at least every three years, 1979 being the third year. Such a compliance audit was not included in our original proposal to conduct the 1979 audit of the financial records of the City. We will conduct a compliance audit, in accordance with the audit requirements of the Office of Revenue ~haring for a fee of $400 - $600. If you have any questions regarding the compliance audit, please contact me. JGM: gmd Very truly yours, J. Gregory Murphy CITY OF MOUND Mound, Minnesota February 29, 1980 COUNCIL MEMORANDUM NO. 80-88 SUBJECT: Tax Forfeit Land - Block 5, Wychwood Lots~8 through 12 and 17 through 27, Block 5, Wychwood (PID # 19-117-23 32 0051) are tax forfeit. Inasmuch as these lots are in a swamp, it is recommended they be taken for wetlands. ~_eonard L. Kopp t~J C'J OJ ~J 3 'ZZZ ~N~9 3-4-80 CITY OF MOUND Mound, Minnesota February 29, 1980 COUNCIL MEMORANDUM NO. 80-87 SUBJECT: Tax Forfeit Land - Assessment Overcharge In 1977, Lots 21 and 22, Block l, Dreamwood, PID # 13-117-24 12 O213 were sold tax forfeit. The County has advised us that the City re- ceived the Special Assessment money from the sale, but they failed to take the assessments from the tax rolls. In order to take the assessments off the tax rolls, a letter is necessary from the City authorizing them to do so. A motion from the Council is requested. 3-4-80 CITY OF MOUND Mound, Minnesota February 29, 1980 COUNCIL MEMORANDUM NO. 80-86 SUBJECT: County Environmental Health Ordinance On Tuesday, February 26th, the County Board had a hearing on Ordinance # 3 - Food Protection Ordinance for Hennepin County. There was no testimony and it w~s referred to the appropriate committee which will meet on March 6th. There appears to be no opposition to this ordinance and as the Council will remember, this is the ultimate outcome of efforts by both the County and ourselves to form a joint powers group to establish a local environ- mental health agency, but we could not get the necessary number of people together to form the group. Although there appears to be no opposition, it is recommended that the City Council by resolution support the adoption of the Ordinance by the County so the County can get their program underway which seemingly will be a good program economically operated. Suggested Resolution: RESOLUTION SUPPORTING THE ADOPTION OF HENNEPIN COUNTY ORDINANCE NO. 3 - FOOD PROTECTION ORDINANCE FOR HENNEPIN COUNTY WHEREAS, the State has mandated that Environmental Health Protection eventually be handled at the local level and has established that the County can handle Environmental Health Protection if the Muncipalities do not, and WHEREAS, it is not economical for Mound to operate an environmental health department by itself and not enough adjoining communities would enter a joint powers agreement to make it feasible to operate locally, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: That Mound support Ordinance No. 3 - Food Protection Ordinance for Hennepin County and directs that this resolution be presented to the County Board or Safety Committee as deemed necessary. Le)anard L. Kopp I ' / CITY OF MOUND Mound, M~nnesota February 28, 1980 INFORMATION MEMORANDUM NO. 80-20 SUBJECT: Federal Grants International Systems, Inc. has contacted the City asking to do. Federal Grant work for us. A copy of a letter outlining their services and fee is attached. Mr. Riesenberg was with me when we met with their representative and I think his feelings were the same as mine, that he can do as much as anyone for us in the line of Federal Grants. LLK/dd enc:. 2580 Cumberland Parkway Atlanta, Georgia 30339 404-434-zzgz February 20, 1980 ~r. Leonard Kopp, City Manager b!ound City Hall Mound, bIinnesota 55364 Dear Mr..Kopp: I enjoyed meeting with you last week to discuss International Systems, Inc's Grant Assistance Program. I am certain our service can prove beneficial in helping procure grants for needed projects. Let me recap some of the points mentioned during our meeting: 1) 2) 3) 4) 5) International Systems, Inc. is the only nationwide firm that offers a comprehensive grants assistance program, with clients in 37 states. Our reputation is based on results in working with communities ranging in size from 500 to 500,000, with seven years of experience in the grants procurement field. Our comprehensive program consists of an assigned repre- sentative to work with your jurisdiction, a Washington office which monitors legislation important to you, as well as providing you with up-to-date analyses of crucial bills, and most importantly, toll-free access to our research staff and program specialists. We prepare a computerized grant scan which is unique in the grants field that will match your needs with existing programs. As an update to the scan, you will receive monthly bulletins of new programs, deadlines, and pending legislation as prepared by our research staff and Washington office. Our fee is guaranteed. We take no percentages of any grants that are funded. All grant applications and preapplications are included in the one set fee. Mr. Leonard Kopp Page Two February 20, 1980 6) 7) The fee for the City is $22,000. This fee remains the same regardless of how many applications we prepare or how much money we generate for your'community. We pursue all types of grants. These include regional, state, and private foundation qrants (not just federal). ISI only prepares grants with the City's approval, and we inform you of any strings or local requirements before we file any formal applications~ The components of ISI's assistance program have been designed to insure that ISI delivers'quality service to the com- munities that we serve. Our track record is impressive, as evidenced by our fact ~heet, which contains a listing of clients references as well as a representative sampling of ISI approved grants. I feel sure our program could aid the City of Mound in obtaining additional funding in many areas, particularly for priority projects such as park development. Please review this information, and if the Council is indeed interested in generating additional revenues, we would be happy to send a representative to present the program at a Council meeting. If you should have any questions, please do not hesitate to call: 1-800-241-1852. Very truly yours, LH :mas Lisa Hoefer Marketing Coordinator 3-4-80 CITY OF MOUND Mound, Minnesota February 29, 1980 INFORMATION MEMORANDUM NO. 80-21 SUBJECT: Park Improvements Attached is a letter from the Engineer relative to the completion of the Parks. This will be forwarded to the Park Commission for the direction requested in the letter. cc: Park Commission C. Riesenberg J. III McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS '~ LAND SURVEYORS I~i SITE PLANNERS February 27, 1980 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 .}~. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: City of Mound Park Improvements Dear Mr. Kopp: We have calculated the estimated cost of various park improvements at Island Park Park, Three Points Park, Avalon Park and Doone Park. The available budget is not sufficient to accomplish all of the improve- ments. We would appreciate some direction as to which should be included in the plans we are preparing. We would like to go out for bids on this in March or early April. Island Park Park Item Estimated Cost Black dirt, grading & seeding grass area $ 9,100 2 court tennis court complete with surfacing, fence, nets etc. 28,750 Softball field (agriculural lime infield and reinstall existing backstop) 4,900 Tot lot - misc. equipment for children under 6 in fenced area (4 foot high fence) 6,900 Combination volleyball & basketball court with bituminous surface and baskets, posts and nets 3,100 Picnic tables (12) 3,100 Shurbs (100) 2,500 Playground equipment for older children (swings, slide, climber and see-saws) 2,900 Total all items $61,250 Minneapolis - Hutchinson - Alexandria- Granite Falls Three Points Park Item Storm sewer, black dirt, grading and seeding Softball field with agricultural lime infield and backstop (new) Combination basketball, volleyball court with bituminous surface, nets, basket and posts Bituminous path Tot lot 6 picnic tables Hedge Total all items Doone Park Black dirt, grading and seeding Avalon Park Black dirt and seed Estimated Cost $22,150 6,600 2,700 1,400 6,900 1,550 750~ $42,050 $10,400 $ 2,400 It appears that the budget will permit all of the work at the Avalon Park to be done. Ail but the tennis courts to be done at Island Park Park and the grading and seeding, softball field and volleyball basketball court to be completed at Three Points Park. I am enclosing preliminary plans for the improvements at Island Park and Three Points Park. If you have any questions on this or need additional information, please advise. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. LS:sc Enclosure cc: Chris Bollis, City of Mound #5454 EMERGE1VCY C OMI'V UNICA TIONS O.z GA NIZA TI ON DATE: TO: FROM: SUBJECT: February 27, 1980 HECO Board of Directors · Jim Brekken 911 INSTALLATION COSTS - PENDING LEGISLATION At its meeting on February 20, 1980, the Metropolitan 911 Telephone Board (M911TB) passed a resolution which directs James Shipman, Executive Director of the Minne- sota Counties Research Foundation (MCRF), to prepare and lobby for a bill that authorizes the collection of a one-time surcharge to telephone subscribers in the metropolitan area. The actual amount of the one-time charge is to be based upon the actual installation cost divided by the number of mainstations (working telephone numbers) in the area. On February 20, 1980, N.W. Bell provided a new estimate of the installation costs - $1,300,000, down from $2,700,000 which was their 1977 estimate. Bell pre- dicts there will be 1.1 million telephone mainstations by 1981. The M911TB restated its intent to obtain federal grants even if the grants do not cover the entire installation cost. Any grant mgney will reduce the amount to be collected by the one-time surcharge. To assure favorable action by the legislature, we will need your active support and involvement. I urge you to call or write to your legislators now to: Ae Alert them that a bill is being prepared which will authorize the collection of a one-time surcharge on all telephone mainstations in the seven county area for the purpose of paying the costs of installing the regional 911 telephone system. The amount of the one-time charge for a working telephone number will be $3.00 or less. B. Inform them that the HECO Board of Directors has adopted a resolu- tion supportin~ this method of financin? the 911 installation costs and that you also endorse the proposed legislation. C. Request-their support when the bill is heard in committee.. D. Offer to provide background information or explanation of any aspects of the 911 planning process. If I can be of assistance, call me at (612) 881-5001. A-2308 Government Center, Minneapolis, Minnesota 612/881-5001 55487 MINNETONKA CONSERVATION DI~IICT AGENDA Regular Meeting, 8 p.m., Wednesday, February 27, 1980 Tonka Bay Village Hall 4901Manitou Road (County Road 19), Tonka Bay 2. 3. 4. 5. o Call to Order Roll Call Minutes: January 23., 1980 Minutes: January 30, 1980 (Special Meeting) Treasurer's Report A. Monthly Financial Report B. Bills Committee Reports A. Water'Structures & Environment Committee (1) 1980 Dock License Renewals (2) Public Hearing Report: Hennepin County New Dock License (3) 1980 Deicing Permits (4) 1980 District Mooring Area Permits (5) Code Amendment: 929.4 Shoreline (6) Code Amendment: Deicing Exemption (7) Other B. Lake Use Committee (1) Sp. Event Permit: Lord Fletchers of the Lake (2) Sp. Event Permit Amendment: T. Butcherblock (3) Quiet Waters Buoy Request (4) Quiet Waters Review: Public Hearing (5) Lake Bottom Debris (6) Code Amendment: Race Policy (7) Fish House Cleanup (8) Water Patrol Report (9) Other Code Amendments: First Reading A. 929.4 Shoreline for DUA's B. Deicing Permits Exemption for Dams Other Business A. Variance Order: Boat & Motor Mart of Excelsior B. 1980 Dock License Renewal: North Shore Drive Marina C. Other 9. Ad3 ournment 2-22-80 MINNETONKA CONSERVATION SPECIAL MEETING LMCD OFFICE, 402 E. LAKE STREET, WAYZATA January 30, 1980 A special meeting of the Lake Minnetonka Conservation District was called to order by Committee Chairman Brown, Chairman pro tem, at 7:39 p~m., Wednesday, January 30, 1980, at the District office, 402 E. Lake Street, Wayzata. Members present: Richard Garwood (Deephaven), Jerry Johnson (Excelsior), Robert Brown (Greenwood), David Nixon (Laketown Township), Robert Pillsbury (Minnetonka), David Boies (Minne~onka Beach), Richard Soderberg (Victoria), Robert MacNamara (Wayzata), and Robert Slocum (Woodland). Communities represented: Nine (9). LIBBS BAY BOAT CLUB: PUBLIC HEARING REVIEW: At 7:30 p.m., immediately prior to this meeting, a public hearing had been held in the matter of a dock use area variance for the Libbs Bay Boat Club. Bert Locke, repre- senting the Club, presented plans for the replacement of the boat club docks with a permanent structure. The plans include the closing of the two outer slips and the redirection of both side lot lines extending into the Lake, to establish the dock use area. Johnson Moved, Nixon Seconded, that an amendment to the variance order of June 27, 1979, and the 1980 dock license application for Libbs Bay Boat Club, be approved with the following stipulations: 1. No boats are to be stored at the end of the dock. 2. No boats are to be stored in the setback areas between the boat club and the Hill dock to the east. 3. The survey and dock plan dated 1-24-80 and revised 1-29-80 (Schoell & Madson, Inc.) is a part of this order. Motion, Ayes (9), Nays (0). NORTH SHORE DRIVE b[~RINA: After review by counsel for the need to begin a lawsuit to bring North Shore Drive Marina into conformance before the boating season, and the order adopted at the January 23 regular Board meeting denying the 1979 dock license for the marina, Broom Moved, Pillsbury Seconded, that the attorney be authorized to initiate proceedings to bring North Shore Drive Marina into conformance with the LMCD Code. Motion, Ayes (9), Nays (0). ADJOURN5~NT: Brown Moved, MacNamara Seconded, at 8:22 p.m. that the meeting be adjourned. Motion, Ayes (9),.Nays (0). CALL TO ORDER ATTENDANCE LIBBS BAY BOAT CLUB VARIANCE NO. SHORE DRIVE biARiNA LAWSUIT A/PJOU~NED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman REGULAR MEETING I MINNETONKA CENTER OF ARTS & EDUCATION, CRYSTAL BAY, MINNESOTA January 23, 1980 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Paurus at 8 p.m., Wednesday, January 23, 1980, at the Minnetonka Center of Arts & Education, Crystal Bay. Members present: Richard Garwood(1) (Deephaven), Jerry Johnson (Excel- sior), Robert Brown(3) (Greenwood), Robert Pillsbury (Minnetonka), David Boies (Minnetonka Beach), NOrman Paurus (Orono), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg(2) (Victoria), Robert MacNamara (Wayzata), and Robert Slocum (Woodland). Communities repre- sented: Eleven (11). (1)(2)(3)Arrived late. Hunt Moved, Johnson Seconded, that the minutes of the December 12, 1979 meeting be approved. Motion, Ayes (8), Nays (0). Hunt Moved, Bauman Seconded, that the Treasurer's report be approved and the bills paid. Motion, Ayes (9), Nays (0). PUBLIC HEARING: Chairman Paurus at 8:03 p.m. declared the December 12, 1979 public hearing continued, regarding changes in state aeronautics rules. No one appearing for or against the changes, and no written materials having been submitted, at 8:05 p.m. the hearing was closed. Committee findings were reviewed. Johnson Moved, Hunt Seconded, that a letter of recommendation be sent to the Aeronautics Division of b~OT requesting (1) that the Aenonautics Board review the following additional areas of Lake Minnetonka to de- termine whether they should be added to the current restricted list: Carsons Bay, Excelsior Bay, Maxwell Bay, Priests Bay, Bay St. Louis, Stubbs Bay, as well as any other potentially unsuitable areas; and (2) that noise abatement, although it must be handled under the national program, be considered when making any changes affecting Lake Minnetonka. Motion~ Ayes (10), Nays (0). LAKE USE COMiMITTEE: Paurus reported that the committee reviewed infor- mation submitted by the City of Excelsior concerning a special event permit for a skating rink at the Mai Tai Restaurant (the application is not yet on file with the District). The committee recommended approval subject to the following: (1) concurrence with any requirements of the Sheriff, (2) that an acceptable, completed Special Event Permit applica- tion is received, and (3) that lighting have no hazardous effect upon the Lake. Bauman Moved, Johnson Seconded, that a Special Event Permit be granted to the Mai Tai Restaurant for a skating rink, with the above stipula- .tions. Motion, Ayes (11), Nays (0). The committee reviewed the 1980 county Lake maintenance program and recommended approval. Pillsbury Moved, Garwood Seconded, that the 1980 county Lake maintenance program be approved. Motion, Ayes (11), Nays (0). CALL TO ORDER ATTENDANCE MINUTES TREASURER'S REPORT PUBLIC HEARING: SEAPLANES SEAPLANE SPECIAL EVENT PER}~IT: ~I TAI CO. LAKE b~INTENANCE PROGRAM 1980 LMCD Board Minutes January 23, 1980 Page 2 The committee reviewed an ordinance amendment that expresses District motorboat race policy, and ordered a legal draft of the proposal for consideration at the next committee meeting. The committee reviewed possible changes in the current Code that would encourage car owners to remove their own vehicles which sink into the Lake. Currently enforcement falls under the littering ordinance, and cost of the car removal could fall on the LMCD. The District could MOTORBOAT RACE POLICY AMENDMENT CAR REMOVAL (1) attempt to collect unpaid removal fees through the regular collection AMENDMENT process, (2) absorb the cost of car removal, or. (3) by amending the Code, make the nonremoval a multiple offense. The committee continued the discussion to the next meeting to determine whether or not the county attorney's office has some jurisdiction in this matter, and if so, to determine his ability to assist. A1 Moran presented a map overlay to the committee, showing where most dangerous ice conditions currently exist: West Upper Lake, south of Cedar Point; an ice ridge running south of Carsons Bay; Smith's Bayi and the Lower Lake, off Deephaven. Moran also presented an overlay showing the number of accidents on the Lake during the 1979 season. No pattern by area for accidents was noticeable; overlays for earlier years will be presented to the committee as they become available. The committee accepted a petition from Forest Lake residents requesting the placement of Slow Buoys in the channel area. The matter was put on the agenda for the next committee meeting, along with a review of the needs in Excelsior Bay, and a review of all Slow Buoy placements for 1980. WoPo REPORT: ICE; ACCIDENTS SLOW BUOYS It was reported to the committee that the Lake Minnetonka rough fish seining program for 1979 was about the same as for 19.78. Hoop netting in the fall of 1979 resulted in the taking of 11,872 pounds of bullhead, dogfish, suckers and carp, mostly from the Halsted's Bay area, compared with 3,880 pounds in the fall of 1978 from Phelps, Maxwell and Stubbs bays. The contractor is the same as last year (Three Star). February and March seining was not done last year because of lank of schooling by carp, but is included in the contract again this year - the DNR will let us know the dates. SEINING The committee reviewed the fish house cleanup program, and recommends that both (l) the posting of fish houses, and (2) the mailing of notices to fish house o~ers, be done this year. Pillsbury Moved., Johnson Seconded, that the committee report be accepted. Motion, Ayes (ll), Nays (0). FISH HOUSE CLEANUP WATER STRUCTURES & ENVIRONMENT COMMITTEE: Bro~ reported that the com- mittee reviewed the public hearing report for Libbs Bay Boat Club for a new dock license and length variance, and determined that (1) since the dock installation will be permanent, the lot line extensions should be set by District variance order; (2) any variance granted should be only for the construction of a permanent dock; (3) an updated survey should LMCD Board Minutes January 23, 1980 Page 3 be provided with the scaled drawing of the docks on the survey; (4) the survey should show the 929.4 shoreline and the retaining wall; and (5) determination should be made as to whether or not a variance would negate any previous grandfather rights. A public hearing has been called for January 30, to be followed by a Special LMCD Board meeting, to consider the matter. LIBBS BAY BOAT CLUB VARIANCE After reviewing the public hearing report of the request by the City of Wayzata to increase its boat storage from 68 to 84 slips at the recon- CITY OF structed City lagoon, the committee recommended that the new dock license WAYZATA application for 1980 and the 1979 amended application be approved. 1979 & 1980 DOCK Brown Moved, MacNamara Seconded, that the new dock license application LICENSES for 1980 and the 1979 amended application for the City of Wayzata, be approved. Motion, Ayes (10), Nays (0), Abstains (1), Paurus abstaining. The committee reviewed the public hearing report for a new dock license for Hennepin County at its Spring Park Bay facility. The county declares HENNEPIN CO. boat storage of 56 units under its 24 dock permits. The committee con- 1980 DOCK tinued the matter to determine (1) how many lots have access through LICENSE this facility, (2) any deed stipulations, and (3) the county's intent to enforce commercial rules. The committee reviewed dock license renewal applications, recommending approvals subject to village response, but recommending that the Grays Bay Resort application be held pending receipt of the requested survey. GRAYS BAY RESORT Brown Moved, Bauman Seconded, that the following 1980 dock license ap- plications be approved: A1 & Alma's Baycliffe Homeowners Association Chimo Eagle Bluff Herzog Acres Association Minnetonka Boat Works, Inc. (Wayzata) Park Hill Apartments Park Island Apartments Rockvam Boat Yards, Inc. Seton Village Association Smithtown Bay Association T. Butcherblock of Mn., Inc. Wayzata Bay Tenancy Wayzata Yacht Club (Wayzata) West Beach Apartments 1980 DOCK LICENSES Motion, Ayes (11), Nays (0). The committee recommended that deicing permit applications be approved with stipulations. Brown Moved, Bauman Seconded, that the following deicing permits be approved provided that (l) no permit be issued until the installation passes inspection, (2) the state sign notice be included with the permit, and (3) all permits stipulate that all deicing be contained within the dock use area: DEICING PERMITS LMCD Board Minutes January 23, 1980 Page 4 Clay Cliffe Curly's Minnetonka Marina, Inc. City of Deephaven William Duma DEICING Sailor's World at Paul's Landing PERMITS (cont.) Motion, Ayes (11), Nays (0). The committee reviewed a proposed Code amendment to establish 929.4, 929.4 National Geodetic Vertical Datum,.1929 (N.G.V.D.) shoreline as a base SHORELINE for determining dock lengths. The committee recommends Board approval. FOR DOCK LENGTHS The committee reviewed operating conditions and proposed changes for the Maple Plain sewer treatment facility, and approved a letter expressing MAPLE PLAIN LMCD concerns. SEWER PLANT Brown Moved, Ga~ood Seconded, that the committee report be accepted. Motion, Ayes (11), Nays (0). OTHER BUSINESS: The current Board roster and committee assignment sheet were reviewed. Hunt Moved, Bauman Seconded, that the roster and committee assignment sheet as amended (Johnson to be Vice Chairman of the Water Structures and Environment Committee), be approved. Motion, Ayes (11), Nays (0). ROSTER & COMMITTEES Bro~ Moved, Johnson Seconded, that the Findings and Order for the denial of North Shore Drive Marina's 1979 dock license application, be approved. Motion, Ayes (11), Nays (0). Hunt Moved, Paurus Seconded, to move the location of regular LMCD Board meetings to the Tonka Bay Village Hall, with a contribution towards its heating at about $10 per night. Motion, Ayes (10), Nays (1), Slocum voting Nay. DENIAL: NO. SHORE DRIVE MARINA MEETING HALL Ga~wood Moved, Slocum Seconded, that the Executive Committee's recom- mendation to initiate a meeting with the Minnehaha Creek Watershed District on mutual concerns and common goals be approved. Motion, Ayes (11), Nays (0). MC~ MEETING DUA density guidelines or standards should be established for shoreline uniformity around the Lake, perhaps defining the harbor concept, and dry stacking. The "Dock" Committee will continue to consider the matter. DENSITY GUIDELINES Board members were reminded of the Lake Lovers Ball (annual dinner) at Lord ~letcbers of the Lake on February 14. ANNUAL DINNER The Chairman requested that Board members review and submit any village ordinances controlIing renting or leasing of dock space. DUA RENTING, LEASING LMCD Board members should review the Minnehaha Creek Watershed District's LMCD Board Minutes January 23, 1980 Page 5 upper watershed impoundment project. The su~nary will be mailed to the Board members when received, inasmuch as the LMCD will cooperate in dis- semination of the information. ADJOURNMENT: Bauman Moved, Johnson Seconded, at 9:45 p.m., that the meeting be adjourned. Motion, Ayes (11), Nays (0). Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman UPPER WATERSHED IMPOUNDMENT ADJOURNED CITY OF HOUND Hound, Hinnesota 3-4-80 February 22, 1980 INFORMATION MEMORANDUM NO. 80-19 SUBJECT: Park Commission Minutes - Summer Programs The Council asked for information on the proposed Summer Soccer and Summer Lifeguard Programs as recommended by the Park Commission in the minutes of February 7th. Information on a soccer program is on the 1st page of the attached report. The Summer beach program would be the same as last year with Harrison Beach or Centerview Beach, whichever you wish to call it, on the second and third pages of the attached report. Other miscellaneous information which may be of interest to the Council is in the remainder of the report. [_ ...... 'Leonard L. Kopp 1/31/80 I am suggesting that Community Services and the City of Mound combine to provide a program of soccer for the neighborhoods, This would start in the neighborhood park, be co-ed and two age levels. That the program be either 4-6 PM or 7-9 PM, twice a week. One of the nights would be practice in the local park and the other night would be neighborhood team games at one of the soccer fields at the high school. The game night would hopefully be a vehicle to involve the parents. For the sake of brevity I will not speculate on many other potential advantages. Below are my thoughts of each agency commitment- COI<!,!UNITY SERVICES 1. Advertise and register the participants for $2.00 each. 2. Provide for that fee a white tee shirt that can be dyed as part of a City Park Director Program. 3. Provide two soccer balls to each neighborhood team that the park director shall identify as being neighborhood teams.' 4. Provide the scheduling of the soccer fields at the high school as needed by the program. (no charge) 5. Provide a field chalk marker that can be used to insure clear field boundries. 6. Submit requests for the use of vehicles that can be used to transport those kids to the soccer fields who' do not have wheels. Cost to be mileage only. 7. Provide those other services and help to develop a successful program within the staff limitations that exist. CITY OF MOUND 1. Provide.a simple soccer goal and net for each park for practice and general recreational use in each neighborhood. 2. The park director select colors and develop a tie and dye program to provide team jerseys for each neighborhood. 3. Offer organizational skills and coaching/officiating using paid staff and those parents who will serve as volunteers under the supervision of the City Park Director. 4. The City to provide volunteer drivers to drive the district vehicles and pay the cost of 22¢ per mile as in the past. 5.. To schedule and officiate all games. To also arrange for the scheduling of the fields thru tile Community Services office to avoid conflicts in field use. 6. Provide those other services and help to develop a successful program.within the staff limitations that exist. OTHER IDEAS FOR THE FUTURE ......... Afternoon Kid Tennis Tournaments (or evenings 7-9 PM) Daytime Preschool programs in the parks, as we do at the Mound Building, Mornings. Some competitive swimming at the pool that is based on neighborhood teams. The Community Services Council is always open to cooperative programs that serve the needs of the community. Don Ulrick Community Services Supervisor SUPERINTENDENT DALE E. FISHER Schoo} 8oard/Treasurer Personnel/TIES/Insurance ¢72-1691 ADmINISTRATiVE SERVICES DONALD F. BRANDENBURG Accounts Payable ~dget/Food Services : Payrol 1 ¢72-1691 INSTRUCTIONAL SERVICES ' WAYNE H. SMITH ¢72- 1'691 SPECIAL SERVICES LARRY M. Llll~AN 472-1996 WESTONKA SCHOOL DISTRICT 277 WESTONKA PUBLIC EDUCATION CENTER 5600 LYN}YOOD BOULEVARD MOUND, MINNESOTA 55364 November 9, 1979 TO: FROM: RE: Mound Pare Commission · Su~er Lifeguard PrOgram tot City Beaches This memo is in response to your letter of'October 15, 1979, that asked for information concerning the Summer Lifeguard Program. Below please find answers to the questions you posed at that time. Hopefully we are giving you complete information. In'order, your questions were: Question:. Where was the program in operation? Answer: Primarily the lifeguardin~ was done at the Mound Bay · Park Beach. Mr. Kopp and Mr..Peterson agreed that during the. afternoon time of beach lessons, the city would pay for lifeguards to give attention to those swimmers at Pembroke' Witchwood, and Chester Park, who were not taking swim lessons..The guard would not participate in any instruction of the students who were receiv- ing lessons. Question: What hours did lifeguards devote to the.program? Answer: Mound Bay Park Witchwood, Pembroke & Chester Park Breaki.ng this down into months it is: June (Inc'l May 28) " July August Sept. 940 Hours 220 ¼ Hours ..1160 ¼ Hours~ 373 Hours '46O ¼" 293 " 3~ " The Supervisor's time was four-hours' per week for twelve weeks. Supervisor 52 Hours Supervisor's mileage $55.00 Question: What criteria is used by the school district in employing lifeguards? Answer: We use all of the life guards that go 'through the Community Services sponsored Red Cross Advanced Life Saving Course. We also use all college age lifeguards that return to us ?or sum~er employ~ ment. We check their certification and in~edia! :./ do some compet- ancy..review and get them into the water for a st.~i~e/stren§th pro- gram. .q ,.q-3 Memo to Mound Park ssion 11/9/79, , pg. 2 Question:'' Were guards employed strictly for lifeguarding or were their duties expanded to include other duties? Answer:. Guards are employed in two ways: · . A. The city guards are assigned to guard the beache~ wherever they work. Nolother duties are assigned. An exception is the Mound Bay Park beach where they report early to rake the beach,'and to clear the' seaweed and dead fish from the beach proper. B..They do participate on a rotating basis as employees, of Community Services during swim lessons at the pool and neighborhood beaches. At the pool and on the beaches a lifeguard does not teach and life- §uard at the same time; but is assigned one duty or the other. Question: W'hat performance comments have been made by citizens and/or those using beaches?' Answer: No news is good news! No complaints about the lifeguards, therefore, we believe that the program of lifeguarding at Mound Bay Park and the other beaches is well received. . We did receive a vociferous phone call during.the summer demanding daily life guard service on one of the beaches on Island. Park. We identified our service agreement role and.suggested a call/letter to. the city.with her remarks. She assured us she would "do just that." Question: What is the. cost of lifeguard services to the City? Answer:, Please see attached statement. °' .i' I would like to go one step further and suggest ou~ willingness to appear at a meeting that deals with the lifeguard program and me level of service yo~ desire. DU:df TO: FROM' RE: The City of Mound Community Services Bill for the Summer Beaches November 8, 1979 Startin9 Date--yN.ay 28, 1979 25 days in June guards on duty 373 hours life guards devoted to program 373 X $3.65 : $1361.45 31 days in July guards on duty 4604 hours life guards devoted to program 460~ X $3.65: 31 days in August guards on duty 293 hours life guards d6voted to program 293 X $3.65 = 1679.91 1069.45 3 days in September guards on duty 34 hours life guards devoted to program 34 X $3.65 = ll60~ Total Hours Life Guards devoted l~o Prog, (940 hours were for Surfside) 124.10 Supervision/Training/Scheduling of Life Guards 4 hours per week; 12 weeks Mileage $319.80 · 55. O0 Total of all services $q234.91 374.8O % 1'4609.71 " - Monday, December 3 1979 .. , ' PAY SCHEDULY'FOR POOL PERSONNEL ' :-' Li~e Guards A'ides WS'I WSI-Life Guards : · YE~ P,S 3.00- :' 3.20 g. O0 3.60 .- 3.~0 ' 3.60 ~.5'0 ~,.00 3.60 .. ' ' 3.80 ~.75 ~4.20 '5.35 l~.50 · ,-. First .:- Second ::-,-~ ..... Third. : .[. Fourth .22Yr. old · . or olde~. · . . : . i 'i - " '>: ': - ~ Life Guard: ; , '. ~ 1.."15-18 years of age with a current CerTified Life. E~ePience for increment 'increase: . ' Minimu'm = Three sessions, Fall, winter, spring, o~ one · ~ .summ'e~ session. Maximum = Three sessions and one summer session..,i'' 16 iyear old must have a current CPR card within 90 ' ' days after hiring. 3. Performance reviewal made 30 days after'hi~ing. q. In and out of water screening at supervisor's dis-':' . cretion. · ,.1. 17 years o'f.age'wi~h a current Certified WSI card. '; 2. Must have current CPR card and First Aid training'. " '~3. Same as Life Guard. . ' ~. Same as Life Guard. Lifeguards lave-20 hours of tz, aining for their certification an'd 9 hours for' CPR card. We now have 10 life guards %¢ho/work an aver-.. age of ~ hours per week. 12 to lq would be ideal numbe~ fo~ substi- tution availability. ,. , WSI requires 60 hours of training including CPR and some First Aid training. I~ also.requlres training from time to time to keep cer- tification curment. We. now have 3 WSI and a supervisor who work an average of 6 hour~ per week. An aide is a lifeguard'who'gives in water help duripg instruction class. ', : Pay for WSI and Aides is recoverable in thai the class taugh,t must be of.a size to pay the salaries at a minimum Pay fop l~feguards is. not necessarily recoverable if po~l is not ' fully Used. JG:df It must,' of course, be fully manned, SUMMER 1979 PARTICIPATION REVUE PROGRAM SESSION TIME PARTICIPATION FEE 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd Physical Fitness and Conditioning: 6- 8 A.M. 26 Summer Soccer League for Kids: 58 Girl's Softball League - Jr. High 48 Gymnastics: 8-9 9-10 lO-11 ll-12 8-9 9-10 lO-11 11-12 A.Mo 12 21 18 12 16 26 29 17 Girl's Activities: 10-12 A.M. 10-12 13 8 Children's Playground: 33 23 T-Bal 1: 8-10 A.M. lO-12 8-10 lO-12 44 6O 31 45 Youth Tennis: 8- 9 9-10 10-Il ll-12 8-9 9-10 lO-11 11-12 AoM. 24 36 34 24 20 19 19 20 $15. O0 15.00 15.00 12.50 12.50 15.00 15.00 12.00 12.00 15.00 10.00. lO.O0 SESSION 1st 2nd 1st TIME PARTIC~TION Youth Golf: 8- 9 A.M. 9-10 lO-11 ll-12 8- 9 A.M. 9-10 lO-11 11-12 12 12 7 9 Adult Tennis: 6- 7 P.M. 12 7-8 13 8-9 17 Intro. to Tennis -Ladies Only: 7- 8 A.M. 7 8- 9 8 9-10 8 7- 8 A.M. 9 8- 9 8 9-10 lO Tennis Ladder - 2 levels A & B: 24 Adult Golf: Cancelled- Misunderstandin9 18 FEE $12.00 12.00 12.50 12.50 12.50 2.50 POOL SWIMMING LESSONS Swi mini ng: 1st 2nd 9-10 A.M. 9 lO-11 36 11-12 35 8- 9 - 9-10 45 lO-11 44 11-12 30 Water Babies: twice a week 6- 7 P.M. 7-8 Adult Swim: Advanced Life Saving: 30 30 11 8 16.50 16.50 13.50 13.50 22.50 PARTICIPATION Basic Rescue: 13 Adaptive Aquatics: 5 Swimnastics: 6 Competitive Swimming: 32 BEACH SWIMMING LESSONS Carmen Beach Casco Point Witch Wood Pembrooke Three Points Sandy Beach Chester Park Surfside none 4 30 20 12 25 16 54 Rock Hunting Rock Hounds Field Trips German for Youngsters Bike Repair Wild Mt. Trips Basic Guitar Zoo Trip 8 17 8 ll 21 14 26 NO GO CLASSES: Advanced Tennis for Adults Youth Wrestling Skill Building for Sports Men's Soccer & Soccer for Couples Coiled Basketry Calligraphy Fine Arts Sampler Tailoring for Teens Knot Hole Games Twins Games Kicks Gaines FEE'. $16.50 16.50 19.50 32.50 17.50 lO.OO 2o. O0 13.50 9.50 28.50 2.50 + ticket INDEPENDENT 'S'CHDO I,C;T R IC~F MOUND ELEMENTARY SCHOOL. 5530 L"f N'~'IOOB BOULEVARD MOUND° MINNESOTA 55364 MO. DR. DALE FISI-tEFI ' SUPERINTENDENT 6-4-79 ! C. R. PETERSON, PRINCIPAl. and ....... COORDINATOR E;MPLOYEE/eSTUDENT ASSISTANCE PROGRAM }Ir. Len Kopp, Manager City 6f Mound : 5341 Maywood Rd. Mound, Mai 55364 Dear Len: Below is a listing of service charges for life guards, life guard supervision/ .training/scheduling, and a youth employment service. The charges stated are for the maximum hours. The City of Mound will receive a refund credit for all servi.ce hours not scheduled because of bad ~eather. Each refund rate will be that of the employee not working. Life Guard Services $3.65 per hour rate Surfside - 12 weeks, 2 guards Mon.-Fri, 3 guards Sat.-Sun. training of 2 hours per week $4,036.90 Whichwood, Penbrook, Three Points, Chester lesson time open beach life guards !,051.20 S_u_pervision/Tratning/Scheduling of Life Guards 4 hours per week; 12 weeks mileage . $6.15 per hou~ rate 319.80 50.10 $5,458.00 Youth Emp!o~aent Service The City of l.found will be charged $2.00 per resident youth registering.for the'youth employment service. (estimate 300) Total for this letter of services 600.00 $6~058.00 Sincerely, Chuck Peterson, Director of Co~nunity Services },-SOUND EL£,MENTARY SCHOOL: TEL.EPHONE G12-472-52/'.'~ ,-/¢ ,/ THOMAS J. ROONEY LARRY NEILSON Of Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 SHEAR & ROONEY, LTD. Attorneys at Law 1170 Northern Federal Buildin~ Sixth and Wabasha St. Paul, Minnesota 55102 February 14, 1980 Telephone 224-3361 Area Code 612 CERTIFIED MAIL City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Thomas & Sons Construction, Inc. - City of Mound Contract Gentlemen: Please accept this letter as notice of the demand for arbitration pursuant .to the provisions of Article 30 of the general conditions in the contract between the City of Mound and Thomas & Sons Construction, Inc. over the following matters: 1. The total value of the work performed by Thomas & Sons under the contract. Thomas claims this sum to be $1,475,000. 2. The amount paid to date under the contract is agreed to be $1,300,624.28. 3. Interest is claimed to be due from Mound to Thomas & Sons Construction, Inc. for withholding retainage in excess of the requirements of the contract. Interest is claimed at the rate of 8% per annum from December 1, 1978 to September 10, 1979 on $72,000 and is claimed at said rate from September 10, 1979 to the date of arbitration on $175,000. 4. On September 10, 1979 the City of Mound terminated the services of the contractor. Thereafter Thomas & Sons Construction, Inc. did no work under this contract, and the City of Mound hired another contractor to complete the project. These actions have given rise to two disputes: 1) Thomas & Sons claims determination of the contract was wrongful, was a breach of the contract, and in v~olation of the provisions of the contract; 2) Thomas & Sons claims that the City of Mound -2- February 14,1980 violation of the provisions of the Contract; and 2) 'Thomas & Sons Construction, Inc. claims that the costs incurred by the City and to be incurred by the City do not represent reasonable or fair prices for the work performed. In addition, Thomas & Sons claims that many of the items of work being performed by the completing contractor are needless and unnecessary replacements of acceptable work. 5. Thomas & Sons claims that the City of Mound breached the Contract by repeatedly failing to have staking and alignment ready and by delay and lack of diligence in the obtaining of easements, both of which prevented the contractor's grading and paving operations from being accomplished in an uninterrupted and efficient manner, to the contractor's damage in the amount of $25,000.00. Yours very truly, SHEAR & ROONEY, LTD. THOMAS J. ROONEY" TJR/br cc: McCombs-Knutson Associates, Inc. Curtis Pearson Midland Nursery, Inc. William Keefer Thomas & Sons Construction, Inc. DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 February 19, 1980 Mr. George Boyer, Engineer E. A. Hickok and Associates 545 Indian Mound /~zata-~.MN 55391 fWATER SYSTEM INTER~6'~ECT CSAH 125/7586 AT BLACK LAKE CHANNEL LCSAH 15 AT SETON CHANNEL Dea~ Mn...Boyer: Please refer to Leonard L. Kopp's letter to H. O. Klossner, dated February 6, 1980. Regarding coordination of construction for water system interconnect line and bridge replacement at the Black Lake Channel, we have scheduled the bridge replacement for the 1981 construction season. Two copies of the Preliminary Plan and Elevation Sheet for proposed Bridge 27609, CSAH 125 over Black Lake Channel, and two copies of Plan and Typical Sections Sheet for inplace Bridge 10, CSAH 15 over Seton Channel, are enclosed, Please note proposed interconnect line on one of the copies for return to this office. VG/TMT :1 ar Enclosure cc: Leonard L. Kopp, Mound Patricia Osmonson, Spring Park HENNEPIN COUNTY an equal opportunity employer