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80-05-06CITY OF MOUND Mound, Minnesota REVISED AGENDA CM 80-148 CM 80-142 CM 80-149 CM 80-154 CM 80-159 CM 80-162 CH 80-1 CM 80-144 CM 80-1 47 CM 80-150 CFI 80-151 C!~ 80- 164 CF~ 80- i 65 CM 80-157 CM 80-155 CM 80-1 l.~5 CM 80-141' CM 80-158- CM 80-143 CM 80-156 CM 80-.140 CN 80-1 52 CM 80-153 C~i 80-16o £M 80-161 CM 80-1 63 Mound City Council May 6, 1980 City Hall 7:30 P.M. 1. Minutes Pg.lO33-1037 2. Public Hearings A. Rezoning - Lots 34-39, Incl., Auditor's Subdivision 167 (2500 Block on Commerce Boulevard) Pg. 1030-1032 B. Revenue Sharing Pg. 1029 C. Delinquent Utility Bills Pg~ 1027-1028 3. Proclamation - Municipal Clerk's Week Pg. 1025-1026 4. Citizens' Request Pg. 1027 5. IcE Arena Pg. !O54-1057 6. Industrial Revenue Bonds - Ms. Dees, Inc. Pg. 1017-1023 7. Street Construction A. Lynwood Alley Pg. 1014-1016 B. C.M. 80-130 Sulgrove Road Pg. 1012-1013 C. Clover Circle Pg. 1001-1011 D. Plans & Specifications-1980 Street Improvements Pg. 1000 E. Other 8. Bids A. Playground Improvements - Parks (Bid Opening May 5) Pg. 1053 B. Road Materials (Bid Opening May 5) Pg. 1050-1052 C. Tree Removal Pg. 999 9. Comments and Suggestions by Citizens Present (2 Minute Limit) 10. Island Park Siren - Police Committee Minutes Pg. 998 11. Portable Breath Test Units Pg. 992-997 12. Car for Police Reserve Pg. 990-99t 13. Urban Corps Agreement Pg. 987-989 14. Car Wash Ordinance Pg. 978-986 15. Special Assessment Grant - HUD Funds Pg. 976-977 16. City Land - Garden Pg. 974-975 17. License Renewals A. On & Off Sale Beer Pg. 973 B. Restaurant, Bowling Lanes, Games of Skill & Juke Box Pg. 972 18~ Appointment - Housing & Redevelopment Authority Pg. 970-971 19. Docks A. Dock Permist List No. 2 Pg. 969A-C B. Commercial Docks Pg. 1043-10~9 20. Transfer of Funds 21. Payment of Bills 22. Information Memorandums/Misc. Pg. 895-969 & 1039-1042 23. Committee Reports Pg. 1038 WILLIAMS/O'BRIEN ASSOCIATES, INC. 45 S. 9th ST. 5 May 19 80 MINNEAPOLIS, MN. 55402 338-8981 ARCHITECT~ANNER$ .) /./' / Mr. Leonard Kopp City Manager City of Mound Mound, Minnesota Dear Mr. Kopp: This is to bring you and the City Council up to date on our efforts to resolve the leaking roof/skylight problem. Following repairs which involved a new edge installation around the skylight, it withstood the weather for some time, including very heavy rains. It then began leaking again and inspection showed that 'the~ new work done by Central Roofing (the original roofing contractor) wasn't adequate and large spaces (3/4" or so) had opened up along the intersection of the new work and the metal skylight trim. We had a temporary covering placed over the skylight last fall, which prevented'leaking until it began to deterioate- this spring at which time we had it patched. As far as we know, it is now watertight and we are looking for a permanent solution. We are looking into several possibilities which are as follows: Remove the skylight and replace it with a new trans- luscent panel system designed specifically for the sloped condition. The manufacturer will guarantee its watertightness. The system now installed was fabricated for this building. Commercially available systems at the ~time were prohibitively expensive and not within the budget we were working with. Remove the skylight and build a new sloped'roof approxi- mately 3' above ih with south facing windows. They would allow-light to enter from the south above the existing roof and reflect into the court off a new sloped white painted ceiling. LORENZO D. WILLIAMS, FAIA JAMES W. O'BRIEN, AIA STEPH~N M. DECOSTER, AIA PAUL B. STROTHER, AIA Mr. Leonard Kopp 5 May 1980 Page 2 Install a new roof membrane over the entire roof providing slope away from the low areas and skylight. The material being checked is a GE Silicone spray roofing which we think can be sPrayed over the metal skylight trim and slightly on to the plastic. We had hoped that the supplier could have looked at this prior to your meeting, but he hasn't as yet. As you know this is 'complicated. Several contractors were involved in the work in question; all selected strictly on the basis of submitting the lowest price. All had separate contracts with the city. It. has been difficult working with one of them and one is out of business, as' far as we know~. No one has been willing to come back to do any corrective work without payment for their work. I assure you we have an interest in trying 'to resolve the problem. We are proud of the building and from what we hear, most who see it like it. We do' hope the problem can be solved to everyones satisfaction, but it doesn't appear that those contractors originally involved will be of much, if any, assistance. I will contact you as soon as we have discussed the G.E. system with the supplier. S in~cere ly, . ~7~Ysf~I.'O la , A ice President L/JWO/lme 5-6-80 CITY OF MOUND Mound, ~41nnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80-162 SUBJECT: Ice Arena Attached is a copy of a proposed resolution for the proposed ice arena. The attorney will have an opinion available on the resolution for the meeting May 6th. INDEPENDENT SCHOOL DISTRICT NO. 9 77 MOUND WESTONKA HIGH SCHOOL 5904 SUNNYFIELD ROAD EAST MOUND, MINNESOTA 55364 ~av !, 1Ogq Jim Paradise, Vice President Uestonha Snorts Center .Association O. Box 4q2 ?Iound, ,~iinnesota Dear Jim: The m~rnose of this .letter is to convey to your organization ;the sincere interest of the ~ound r,~estonka Ui~h School athletic nro%rams to utilize the new facility when available. Our nresent most obvious need is a oractice and game site for our hoc]~ev nrozram. ',Te have had to ask our round neonle to snend many hours ridin% busses to distant arenas to conduct a rea~onab!e nrogram. Pb,~efu3.1v this will chan~e vith th~ ne~ facility. I v~ou!d anticinatd that other u.qes ;~ou!d develon vzhen the facility becomes available which vzi!l be more comnrehensive than the nresent anticinated uses. Indeed a facility of this tyne is !on~ overdue. I an certain that the community would find rqanv uses which at this time we could only ~uess at. In c!osin~ ~ee ~ant to convey to you cud *rour qroun our sincere thanks for ~he many hours already dedicated to this task. It is a herculean takk but if successful tile voun~ neon!e of this :~rea ~ill be forever indebted to your fine or~anization. Thanks again' FRITZ SOULE, ATHLETIC DIRECTOR RESOLUTION A RESOLUTION OF INTENT REGARDING ACQUISITION OF LAIRD, CONSTRUCTION OF A RECREATION CENTER AND LEASING OF SAID CENTEP~ ~HEREAS, the Westonka Sports Center Association, Inc., hereinafter referred to as WSCA, is a non-profit corporation located in Mound, Minnesota that desires to construct and donate an ice and community recreation center valued at $450,000 plus donated services to the city of Mound for use by the people of Mound and the surroundin~ area at no cost of general taxes, and WHEREAS, the proposed recreation center will be an asset to our community and will add a facility for young people to pursue positive activities, will involve youth in community activities and will be an additional source of pride and a tool in building character, and WHEREAS, it is projected that approximately 90% of the operating income from the recreation center will be received from advertising, concession sales and rental of the artificial ice rink for 22 weeks of each year for the period from October to March, and WHEREAS, Mound and surrounding communities and school districts are finding it increasingly difficult to rent artificial ice from arenas in Buffalo, Minnetonka and Edina and projections by the WSCA indicate that with a donated facility operated pursuant to Minnesota Statutes 471.191 and by renting the artificial ice rink, the projected operating income will. exceed operating costs and enable reserves to be accumulated for use for a contingency fund and a facility improve- ment fund; NOW, THEREFORE, BE IT RESOLVED BY THE MOUND CITY COUNCIL: Subject to the conditions stated herein, the City of Mound will purchase for one dollar approximately 1.7 acres of land from Independent School District #277; said land is located at the South- west corner of Alder Lane and Commerce Boulevard and between the parking lot lying north of the Mound Elementary School and Alder Lane. The City will lease pursuant to Minnesota Statutes, Section 471.191, said land to the WSCA for the purpose of constructing a community recreation center and the lease shall contain the following stipula- tions: The land is to be acquired at a price of One Dollar ($1.00) from Independent School District ~277, for the express purpose of constructing a public recreation facility as hereindescribed. Se The facility shall be constructed by WSCA at no cost to the City. No liens, mortgages or other encumbrances may be attached to the property. Exterior walls of the recreation center will be decorated precast concrete or break-off block construction and approval of the exterior building plans must be received from the Mound City Council prior to construction and the issuance of building permits Prior to approval by this Council to proceed with construc- tion, WSCA shall file with the City Council letters or contracts from the Westonka, Orono and Delano School Districts or from other responsible organizations agreeing to rent sufficient time to assure that estimated income will cover all operating and maintenance costs of the facility. WSCA shall file a policy with this Council wherein they encourage community organizations and community service groups to utilize the recreation center for sports and civic functions. The lease of said facility shall contain provisions guaranteeing maintenance of the facility and grounds by WSCA to the same standards as the maintenance standards applicable to Independent School District ~277 property which adjoins the site. The lease shall provide that the City of Mound and its taxpayers will not be responsible for any defec~es and WSCA shall be solely responsible for the operation of the facility. The title to the real estate and all improvements thereon shall be in the City of Mound. The lease from Mound to WSCA shall contain terms which allow WSCA to lease the facility for a 30 year period at a price of $1.00 per year plus necessary insurance and the payment of all operating and maintenance costs by WSCA. It is understood that all the specific terms of this lease shall be subject to the approval of this Council. If all the conditions set forth in this resolution are not complied with or if the recreation center is not constructed, open and operating on or before December 31, 1981, the real estate will be conveyed back to Independent School District #277. servEeea to the C~.ty of ?{om~ for use by tha ~t::o~ole of and surPoundi}~g area at no oosb the snorts canter will be an asse~.~to our commu~llty a~.d wi11 add a oosltlve focus for you~ig people and community Involw~m~nt an~ au addit~o~saI source of pride D~"'~"<'~ 2?? ~'~ '~ ..... ~ ..... ~" .~.. .... <~ ~ th-ls 'p~;operty will be leased to ~.h~. WSCA ¢"~" thc pu~rpose for sa !~:; one ~ o.r dollar :~. !~'..::terlor w:~.lTLs of the s'oo'rt ¢.~::'~tor wi!.] be dec- ni:~=t b.:-) received f~on the ' ' ' CikY Court,x<.! I.',LSC!\ fl"ot:~ '//~.:.:;to::.,t:t-t, Orono, D:;l~mo and/o.t' other near- o ~,, ...... ~.Lo[:~; r~Ytd ~.C:e a:~ ].e'.'.re! of oua!:t't:y of ,,,a ~',~,e",':' "/.:"::tonka ~"',~ '' :..z zc~ t:~ / 'oroperty, 7 Tn the un!ike]v .... :" ''~' ..... ~,~r,~.~ the WSCA ~.~'~'L'l ~' ~' *' fttnds b~/' so!ic'iti:r~; d. onatiorr.~ fro'.':-~ su-o-oo?tl~;~f~ WSCA it wilt be d.o:::':ted t:o the C!~'L.y of NourvL and the City' of [,Iour:d ,,~'~!I iea:~;e it to WSCA :tO',:' o'¢ez'~:~.- tio~t fc)~ o~:tc dc)l!a):' per yeoz' fo:~- a 'oe:~..iod not ' ' .......... ir.;, ~ ~ P'-~' ..... " 3I,. 198~., ~':~' ' prop- er'by ~I].l t;~ sold D~r;t:t'icS 277 for Agenda Item 8 A 5-6-80 CITY OF MOUND Mound, Minnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80-164 SUBJECT: Bid Tabulation - 1980 Park Improvements The bid tabulation for the 1980 Park Improvements is as follows: Buffalo Bituminous Victor Carlson & Sons, Inc. Central Landscaping Hardrives, Inc. C. S. McCrossan, Inc. Perkins Landscape Contractors $55,935.OO 7~,882.50 49,RO6.25 114.440.OO 65,775.00 69,376.00 The Engineer will have a report and recommendation at the May 6th meeting. McCOMBS-KNUTSON ASSOCIATES, INC. CON,~ULTINI~ EN§~NEER~ · LAND ~URVE¥ORS · SITE PLANNERS May 6, 1980 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: City of Mound Park Improvement Bids Gentlemen: Bids were opened at 10:00 A.M. Monday, April 5th for Park Improvements at Island Park Park, Doone Park, Avalon Park and Three Points Park. Six bids were received. The low bidder is Central Landscaping Company of Forest Lake at $49,806.50. A tabulation of all bids is attached. The Engineers estimate for the work was $55,000. Central Landscaping has been in business for several years. We have talked to C.S. McCrossan, Inc. and Hardrives Inc. who have used them as sub-contractors in the past. Both say that they are reliable and capable of doing this work. We recommend that the project be awarded to Central Landscaping. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, ?.E. LS:sc Enclosure #5454 Minneapolis - Hutchinson - Alexandria - Granite Falls 5-6-80 CITY OF MOUND Mound, Minnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80~165 SUBJECT: Road Materials - Bid Tabulation Attached is a copy of the bids received for the 1980-1981 season's supply of road materials. Leonard L. Kopp ~/~ Z ~ 0 Z~ ~ u U 0.-- U U Z 0 ,>-. b- O >- Z 0 ,-~-- CO Z'O~ I. nl ,~- 0 I -I Z 5-6-80 CITY OF MOUND Mound, Minnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80-166 SUBJECT: Addendum to CM 80-152 & CM 80-153 License Renewals The following license renewals for Branty's Family Restaurant have been received: Restaurant On Sale Beer eonard L. Kopp v'.U' 5-6-80 CITY OF MOUND Mound, Minnesota May 5, 1980 COUNCIL MEMORANDUM NO. 80-163 SUBJECT: Commercial Docks Attached is a memo from the Dock Inspector recommending commercial dock permits for: Surfside, Inc. Bayport Apt. Richard E. Martin A1 & Alma's 54 slips 59 slips 30 slips 14 boats on land 15 slips. C[FY ()f MOUND 5341 MAY~.~'OOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 2, 1980 Leonard Kopp Dock Inspector Commercial Dock applications TO: FROM: SUBJECT: The following have applied for commercial licences for 1980. Surfside Inc. Bay Point Apt. Richard E. Martin A1 & Almas 54 slips 228.00 59 slips 238.00 30 slips 174.00 14 boats on land 15 slips 130.00 770.00 Martin has added 14 boats on land from 1979 application. same as previous year. Respectfully, Don Rother Dock Inspector DR/jcn Ail others are the CITY OF MOUND EOUND, MINNESOTA CONNERCIAL DOCK APPLICATION NN4E OF APPLICANT ADDRESS. ~ ( '? / Are you now, or have you been enga§ed in If so, when EXACT LCCATIC~ OF BUSINESS STREE~f ADDRF~%S 5-Q-~"'7~ &g',~7,~c.~ g/,.~'~, ~/~7a~'~r~, ~l~r~,zr~';.r/~ LEGAL D~qCRI~Iaq - L~... / BL~K SUBD~ISIa~. ~, ,7 ~. PLEASE E!~CLOSE THE FOLLO'.:fII~G WITH THIS APPLICATION: c~ Frx~ -~ 1) A drawing Lo scale Of the type, size and. shape of the dock proposed, a'nd the location and type of buoy(s) to be used. A drawin9 to scale of off-street parking orovided for each three rent~l bopt .st~lls~ bouys o~ slivs. -~' 3) A statement outlinin§ the mpnner, extent and degree of use' com~emplabed for the dock vrooosed. l~) Payment of permit fee must be included with this avp!icat, ion. ~) Ali. applications received on or after March 1 shall be subject to a late fee o£ $20.00 New applicant fee $200.00 Basic fee renewal $100.00 Eumber of slips on waterJ~t~t~x Eumber of boats stored 'on land .. x $1.'00= 3lame of Firm ' Si.qn~ture attd Title · lay,7 c.~Tz o? ~OJND~ ~INNESOTA CO~r[ERCIAL DCCK' ^PPLZC^TZ~ Are Xou now~ or have Xou been engaged in a similar business?~~ If so, %;hen EXACT LOCATICN OF BUSIM'ESS PLKASE L/LEGAL D~CRI~I~ - L~ BL~K SUBD~ISI~ -~-, ................. ,, ,, ,, ,~, ,, ~, ~ .... ~ ~ ,~ ,~, ,~ .............. ~, ,~, ,~ ,, ,~, ,, ,~ ,~, ~, ~, ~NCL~E T?~ F~LOi'IING 'WITH THIS· APPLICATI¢~: ~ ~ A drawing 6o scale O~ th~ type, size and shape of the dock proposed~ and the loca~ion and type of buoy(s) to be used. b 3) A drawing to scale of off-sbree~ parking provided for each three rentel bopt st~lls, bouys or sli~s. A stptement outlining the mPnner, exbent and degree o£ use comtemDlated for the, dock proposed. h) Ps,pent o£ permit fee must be included with this application, All applications received on or after March 1 shall be subject to a late fee of $?0,00~~'- New applicant fee Basic fee renewal $200, O0 $1oo.oo . Number of slips on water.~<~x $2o00=_~ ~, l~umber o£ boats stored on land TOTAL x $1,6b= BAY POINT ANRTMEflT 8OMES 43~ WILSHI:RE BOULEVARD. NOUND~ MINNESOTA 553~ Nome oE Firm CITY OF I'4..OU ,,ID ~40UND, MINNESOTA CO?;F4ERCIAL DOCK APPLICATI(i~ ,:..:.-, svs--]n PHONE Are you now, or have you been engaged' in a similar business? If so, when EXACT LOCATION OF BUSINESS LEGAL DESCRtPTICE - LOT >/- x~ BLOCK Z-z,/3 ~ SUBDIVISION~ PLEASE ENCLOSE THE FOLLOWING WITH THIS APPLICATION: 1) A drawing to scale Of the type, size and shape of the dock proposed, and the location and type of buoy(s) to be used. 2) A drawing to 'scale of off-street parking provided for each three rental bopt st~lls, bouys or slip~, 3) A statement outlining the m~nner, extent and degree of use comtemmlated for the dock mrooosed. Payment of permit fee must be included with this application. All applications received on or after March 1 shall be subject to a late fee of $~0.00 New applicant fee $200°00 Basic fee renewal $100.00 Number of slips on water30 x $2.00= ¢O,oo Number of boats stored .on land _~_x $1.'~50-~~. Name of Firm Signature and Title /o-- CITY OF MOUND NAME OF APPLICANT ADDRESS NAME OF BUSINESS MOUND, MI~N~OTA CO:,F4ERCIAL DOCK APPLICATION Are you now, or have you been engaged in a similar business? If so, %then STREET ADD.~.SS tgOA~ DFmC~IFrION - ~Or. /¢ Z. BLOC~ PLEASE E~CL(iSE THE FOLLOWING WI'iH THIS APPLICATI(~N: 1) A drawing to scale bi.the type, size 8nd shape of the dock proposed~ ~nd the location ~nd type of buoy(s) to be used. 2) A drawing to scale of off-street parking provided for each three rental bopt st~Ils, bouys or slips. 3) A statement ou~linln9 the m~nner, extent and degree of use comtemulated for the dock orooosed, Payment of permit fee must be included with this application. All applications received on or after March 1 shall be subject to a late fee of $20.00 New applicant fee $200.00 Basic fee renewal $100.00 Number of slips on %mter/,¥ x $2.00= ~6~.i~-- Number of boats stored -. on land x $1.60= TOTAL / 36\c Ns:ne of Firm. .%. ATTORNEY AT LAW 1503 WASHINGTON A.VENIJE SOUTH MINNEAPOLIS. MINNESOTA 55454 612/333-54} 9 ·--., ;..,,j. ' . May l, 1980 Mary Marske Mound Village Office 5341 Maywood Road Mound, MN 55364 PROFESSIONAL SERVICES PERFORMED BY TIMOHTY L. PIEPKORN FOR THE CITY OF MOUND FOR THE HONTH OF APRIL, 1980: hours 1. April l: arraigm~nts at Wayzata .................................... :. 1.O0 2. April ll: 5 pre-trial conferences; 1 court trial ...................... 3.00 3. April 10:9 formal complaints ......................................... 5.50 4. April 17: meeting at Mound office with two citizens ................... 1.50 5. April 22nd: 3 pre-trial conferences; 1 Court trial .................... 3.75 6. April 23:1 pre-trial conference ............. ......................... 1.25 7. April 28: Prepared 6 formal complaints':- ............................... 5.50 8. April 30: calls concerning commitment hearing of~ Mound Citizen ......... 75 22.25 TOTAL OWING (15 hours for $300.00 +~7.25 hours at $30.00 an hours) ....... $517.50 V-T-D -3333 ~ 02011 COUNCIL $ 19,065.O0 1,555.18 4,383.63 6,354.36 · .2}00 03012 HUHAN RIGHTS 450.00 0 37.47 149.99 .O830 04013 HANAGER 90.208.00 11,288.97. 43,445.98 30,.066.33 .4820 06014 ELECTIONS I. 6,/~90.00 25.00 124.00 2,163.12 _O19O_ 07015 ASSESSING 34,050.00 0 246.06' 11,348.87 '~O07O 09016 FINANCE 106,796.00 : 14,262.49 37,025.70 35,595.11 .347~ 11118 PROSECUTING 11,275.OO 2,053.50 4,561.50 3,757.96 14031 POLICE 522,699.00 . 7.2,483.'11. . .._- 202,304.38 174,215.58 17032 FIRE 115,920.OO 10,297.27 26,79'9.22 38,636.14 19033 INSPECTIONS 31,944.OO 4,137.36 11,255.73 IO,646.94 19933 PLANNING 13,655.OO 2,173.O0 7,800.59 4,551.21 ._._ 21034 CIVIL DEFENSE 9,045.00 389.95 694.96 3,.014.70 ~_8042 STREET 253,585.00 38,796.19 111,438.23 84,519.88 .'4.390 ;~9743 SHOP & STORE 37,295.00 3,433,93 10,312.16 12,430.42 15847 DISEASED TREES 49,015.¢0 3,767.42___ 12'308'92 16,336.70 ' .~~_~ 14069 PARKS 74,725.00 9,782.74 28,205.85 24,905.84 )O082. TEHPORARY LABOR 4,000.OO 0 88.20 1,333.20 ___~ .0_~ ] ~50~1. . LIQUOR 181,138.00 17,15B.34 56,733.81 60,373.30 .3130 ;0078 SE~../ER 390,325.00 65,157.35 210,829.67 130,O95.32. --~ ;O173 U/v.r E R 250,667.00 30,583.04 91,638.52 83,547.31 '.8 IMP EQUIP OUTLAY 1Oo,670.OO O 16,387.50 33,553.31 . [0 CEMETERY 4,350.00 0 90.00 1,449.86 .0270 ',2 RETIREMENT 75,518.00 5,220.20 24,011.91 25,170.15 .3180 :5 FIRE RELIEF 46,306.00 0 O 15,433.79 .0000 5 WATER REVENUE 37,136.OO O 29,966.93 12,377.43 .8'070 3 CONTINGENCY 20,000.00 O O 6,666.00 .O000 TOTALS :2,500.,327.00 293,731.71 935,357.60 833,358.99 .3741 I ¥1 I.~E MINNETONKA CONSERVATION Dj~II~ICT L.M.C.D. MEETING SCHEDULE May, 1980 Saturday 5-10-80 Water Structures & Environment Committee 7:30 a.m., Harts Cafe, Wayzata Wednesday 5-14-80 Pubiic hearings 8 p.m., Excelsior City Hall (339 Third Street) LMCD Race Policy; Park Hill, Park Island, and Park Island West Apartments New Dock Licenses; and Wikner New Dock License Monday 5-19-80 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Saturday 5-24-80 .Executive Committee 7:30 a.m., Harts Cafe, Wayzata Wednesday 5-28-80 Regular Meeting of the Board of.Directors 8 p.m., Tonka Bay Village Hall 4901Manitou Road (County'Road 19) 5-2-80 Le MtNNETONKA CONSERVATION DII ~ICT PUBLIC HEARING NOTICE RACE POLICY A~NDMENT Notice is hereby given that the Lake Minnetonka Conser- vation District will hold a public hearing at'the Excelsior City Hall, 339 Third Street, at 8 p.m. on Wednesday, May 14, 1980, for the purpose of hearing those wishing to be heard in the matter of a Proposed amendment to the LMCD Code expressing District policy to prevent organized motorized vehicle races on water or ice, Lake Minnetonka. Frank Mixa, Executive Director Lake Minnetonka Conservation District CITY OF MOUND Mound, Minnesota CM 80-148 CM 80-142 CM 80-149 CM 8O-]54 CM 80-159 CM 80-146 CM 80-144 CM 80-147 CM 80-150 CM 80-]51 CM 80-157' CM 80-]55 CM 80-145 CM 80-141 CM 80-158 CM 80-143 CM 80-156 CM 80-140A CM 80-152 CM 80-153 CM 80-160 CM 80-161 AGENDA Mound City Council May 6, 1980 City Hall 7:30 P.M. 1. Minutes Pg, 1033-1037 2. Public Hearings A. Rezoning - Lots 34-39, Incl., Auditor's Subdivision 167 (2500 Block on Commerce Boulevard) Pg. 1030-1032 B. Revenue Sharing Pg. 1029 C. Delinquent Utility Bills Pg. 1027-]028 3. Proclamation - Municipal Clerk's Week Pg. 1025-1026 4. Citizens' Request Pg. 1024 ~, . ~. 5. Industrial Revenue Bonds - Ms Dees, Inc. Pg. ]0]7-]023 6. Street Construction A. Lynwood Alley Pg. 1014-1016 B. C.M. 80-130 Sulgrove Road Pg. 1012-1013 C. Clover Circle Pg. lOOl-lOll D. Plans & Specifications-1980 Street Improvements Pg. 1000 E. Other 7. Bids A. Playground Improvements - Parks (Bid Opening May 5) B. Road Materials (Bid Opening May 5) C. Tree Removal Pg. 999 8. Comments and Suggestions by Citizens Present (2 Minute Limit) 9. Island Park Siren - Police Committee Minutes Pg. 998 10. Portable Breath Test Units Pg. 992-997 11. Car for Police Reserve Pg. 990-99] 12. Urban Corps Agreement Pg. 987-989 13. Car Wash Ordinance Pg. 978-986 14. Special Assessment Grant - HUD Funds Pg. 976-977 15, City Land - Garden Pg. 974-975 16. License Renewals A. On & Off Sale Beer Pg. 973 B. Restaurant, Bowling Lanes, Games of Skill & Juke Box Pg. 972 17. Appointment - Housing & Redevelopment Authority Pg. 970-971 18. Dock Permit List No. 2 Pg. 969A-C 19. Transfer of Fund~ ........ ' , .... 20. Payment of Bills 21. Information Memorandums/Misc. Pg. R95-969 22. Committee Reports Pg. 1038 REGULAR MEETING OF THE CITY COUNCIL April 15, 1980 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 534.1Maywood Road in said City on April 15, 1980 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Donald Ulrick, Gordon Swenson and Robert Polston. Also present were City Manager Leonard L. Kopp, City. Attorney Curtis A. Pearson, Assistant City Engineer Fred Malueg, City Planner Charles Riesenberg and Acting City Clerk Marjorie Stutsman. Absent and excused, Councilmember Benjamin Withhart. The minutes of the meeting of April 8, 1980 were.presented for consideration. Swenson moved and Lovaase~ seconded a motion to approve the minutes of the meeting of April 8, 1980 as submitted. The vote was unanimously in favor. PROCLAMATION Jaycee's Women's State Chairman Bonnie Larson appeared before Council to explain purpose and plan for "Tie a Yellow Ribbon" Project to show support for hostages- program planned for April 26 in downtown Mound. The Mayor and Councilmembers sig~ed "Proclamation" giving support to project. Also present was Mohawk JoC. Women's President Diane Neukircher. PLANS AND SPECIFICATIONS FOR PARK IMPROVEMENT City Engineer reviewed plans. Polston moved and Swenson seconded a motion RESOLUTION 80-149 RESOLUTION TO ACCEPT THE PLANS AND SPECIFICATIONS AND AUTHORIZE TAKING BIDS The vote was unanimousiy in favor. FIRE TRUCK WATER TANK BIDS Polston moved and Swenson seconded a motion RESOLUTION 80-150 RESOLUTION TO ACCEPT BID OF GENERAL COATINGS, INC. The vote was unanimously in favor. Swenson moved and Polston seconded a motion RESOLUTION 80-151 RESOLUTION AUTHORIZING MANAGER TO APPROVE ANY WELDING WORK NECESSARY ON FIRE TRUCK WATER TANKS The vote was unanimously in favor. 1980 STREET CONSTRUCTION - SULGROVE ROAD This is to be taken up at a specia! meeting, April 16, 1980. 1980 LAW CON APPLICATION Ulrick moved and Polston seconded a motion RESOLUTION 80-152 RESOLUTION APPROVING THE PRELIMINARY CONCEPT AND DIRECT THE PLANNER TO PROCEED WITH THE LA~ CON GRAt~T APPLICATION The vote was unanimously in favor. /o37 WATER RATES Polston moved and U/rick seconded a motion RESOLUTION 80-153 RESOLUTION TO ADOPT RESOLUTION ESTABLISHING ~E$1 ~IA~ER RAT£S; RATES TO BE EFFECTIVE HAY 1, 1080. The vote was unanimously in favor. ENERGY AUDIT Lovaasen moved and Ulrick seconded a motion RESOLUTION 80-154 RESOLUTION AUTHORIZING MAYOR AND MANAGER TO ENTER INTO AGREEMENT TO DO ENERGY AUDIT ON THE CITY BUILDINGS. The vote was unanimously in favor. CONHENTS AND SUGGESTIONS FROH CITIZENS PRESENT The following persons offered comments or questions: Ross Babcock, 1781 Jones Lane commented on sewer backup problems - no alarm system for blockage in sewer. The Mayor directed the Public Works Director to work with Babcock to see if something can be done to prevent future backups. 10,OO0 METER RUN-A-THON Swenson moved and Ulrick seconded a motion RESOLUTION 80-155 RESOLUTION APPROVING THE HOLDING OF THE lO,O00 METER RUN-A-THOM The vote was unanimously in favor. LICENSE RENEWALS On Sale and Off Sale Deer Ulrick moved and Swenson seconded a motion RESOLUTION 80-156. RESOLUTION AUTHORIZING ISSUANCE OF ON SALE AND OFF SALE BEER LICENSE RENEWAL TO AL AND ALMA'S SUPPER CLUB The vote was unanimously in favor. Restaurant Licenses Polston moved and Swenson seconded a motion RESOLUTION 80-157 RESOLUTION AUTHORIZING THE ISSUANCE OF RESTAURANT LICENSES AS LISTED ON C. M. 80-134 The vote was unanimously in favor. Juke Box, Pool Table and Games of Skill License Ulrick moved and Swenson seconded a motion RESOLUTION 80-158 RESOLUTION AUTHORIZING THE ISSUANCE OF JUKE BOX, POOL TABLE AND GAMES OF SKILL LICENSES AS LISTED ON C. M. 80-135 The. vote was unanimously in favor. On Sale Beer and Restaurant Licenses Swenson moved and Ulrick seconded a motio~ . RESOLUTION 80-159 RESOLUTION AUTHORIZING ISSUANCE OF AN ON SALE BEER LICENSE AND RESTAURANT LICENSES AS LISTED ON C. M. 80-13-9 The vote was unanimously in favor. SPECIAL ASSESSFIENT INTEREST Ulrick moved and Swenson seconded a motion RESOLUTION 80-160 ADOPT RESOLUTION REASSESSING THE'PROPERTY, ALLOW THE PAYING OF THE SPECIAL ASSESSMENT AND ABATE THE INTEREST FOR 1979 The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve payment of the bills as submitted on the prelist in the amount of $46,O27.85 where funds are available. Roll call vote was uanimously in favor. CENSUS The Mayor reported that the City will get 30 days to review and challenge results. WELL #6 Public Works Director reported on problem with Well #6 - screen crusty - no written bids have been obtained. Polston moved and Lovaasen seconded a motion RESOLUTION 80-161 RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT AND ACCEPT LOWEST BID UNDER STATUTORY LIMIT The vote was unanimously in favor. DISCUSSED BRIEFLY 1. Senior citizen's septic tank collapse. 2. Car Wash - Council directed staff to take action to shut down. 3. Car Wash ordinance status. 4. City Attorney reported on Legislature action on Bonds and interest rate on recent bond sales. 5. Lovaasen reported on Police Meeting. ADJOURNHENT Polston moved and Ulrick seconded a motion to adjourn to the special meeting, April 16, 1980 at 5:00 p.m. at the office of the Engineer, McCombs-Knutson Associates; Inc. in Plymouth. The vote was unanimously in favor, so adjourned. L Marjorie Stutsman, Acting City Clerk Leonard L. Kopp, City Manager SPECIAL MEETING OF THE CITY COUNCIL Aprll 16, 1980 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Mound, ttennepin County, Minnesota was held at the office of McCombs-Knutson Associates, Inc.., 12800 Industrial Park Boulevard, Plymouth, Minnesota on April 16, 1980 at 5:00 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers'Gordon Swenson, Donald Ulrick, Benjamin Withhart and Robert Polston who arrived late. Also present were City Manager Leonard L. Kopp, Public Works Director Robert Shanley, Assist- ant City Engineers Lyle Swanson and John Cameron, Project Engineer Fred Malueg and John Christianson. Also present at the meeting were: Walter M. Baker, William Holm and Gary Paulsen. The following roads were discussed and it was decided they should be 28 feet wide: Grandview Boulevard, Alder Road, Bellaire Lane, Elm Road, Ironwood Lane, Sunset Road, Hillcrest Road, Sycamore Lane, Forest Lane, Southview Lane, Birch Lane and Maple Lane. The watermain on Maple Lane should be lowered and the road on the curve is over private property--see if we can get an easement. Willow Lane will be constructed 16 feet wide. Discussed closing part of Clover Circle from Hillcrest Road to Aspen Road; balance of Clover Circle to be 28 feet wide. Discuss crowning/filling the park; build a bikepath. Cost of section of Clover Circle woul~ be approximately $40,000; so if this section closed this will be a savings. Polston moved and Withhart seconded a motion to close Clover Circle from Hillcrest Road to Aspen Road. The vote was 3 to 2 with Swenson and Ulrick voting nay. Dutch Lane would be 24 'feet wide with a walkway path to the lake. Linden Lane would also be 24 feet wide. Rambler Lane would be 28 feet wide: also with a 4 foot wide walkway to lake. Red Oak, Diamond and Chestnut Roads would be 28 feet wide. Walnut Lane would be 28 feet wide; this road now off of right-of-way. Alley (Parallel to Lynwood) would be 28 feet wide. Highland Boulevard would be 28 feet wide - same curb on one side of street can be used. Will try to make turn-around at end of Highland Boulevard. The following roads will be 28 feet wide: Fairfield Road, Holt Lane, Idlewood Road, Oaklawn Lane, Westedge Boulevard, Bush Road, Dexter Lane and Hanover Road. Glenwood Road will be 28 feet wide except the part by the Park will be 22 feet wide. Bryant Lane (shown on map as Bellwood) will be 28 feet wide with a-4 foot path from end of road to Ri dgewood Road. Meadow Lane will be 22 feet wide. Roxbury Lane - E]imlnate part of Roxbury from Aberdeen south 1 block - possibly vacate street from Aberdeen to Hanover. West end of Aberdeen Road - 15 foot right-of-way - 15 foot w~de road to just past Roxbury, no curb and gutter - no parking. Amhurst Lane - 28 feet wide from Tuxedo Boulevard to Hanover Road; 24 feet wide from Hanover to island View Drive. Drummond Road would be 28 feet wide from Roxbury Lane to Amhurst Lane. Don't put in part from Amhurst east. No curb Cut. No new storm sewer on part east of Amhurst. Aberdeen Road east of Tuxedo will be 28 feet wide. Hanover Road east of swamp - 28 feet wide - end past last driveway. Roanoke Lane - 28 feet wide - 4' foot wide path on Roanoke access Island View Drive to lake. Hanover Road west of swamp - 28 feet wide then taper to 18 feet. Drummond Road west of Tuxedo Boulevard - 28 feet wide - stop where it stops now. Drummond Road east of TuxedO Boulevard - 24 feet wide. Windsor Road - 28 feet wide - east to lVarner Lane and west off of Tuxedo past last driveway. Gladstone - Off of Franklin - 14 foot wide street - no curb 'go to where it goes now. - Warner Lane - Piper to Sulgrove - 28 feet wide. Sulgrove Road - Put discussion of this on May 6th agenda. Waterbury Road - 28 feet wide - wes~ of Warner Lane to lake - 14 feet wide street. Phelps Road - 28 feet wide. Seabury Road - 28 fee~ wide - end at Hydrant. Lakeside Lane - 28 feet wide - drainage at Shorewood and corner discussed. Resthaven Lane and Quail Road - Both 28 feet wide. Tuxedo Boulevard - Discussed switching s~dewalk to southside of street at Grimm's Store. Three Points Boulevard - Council must decide what side of street sidewalk should be built on. Discussion was held on larger lot assessments and apartment units. ADJOURNMENT Meeting adjourned at 7:40 p.m. to the next regular meeting on May 6, 1980 at 7:30 p.m. Leonard L. Kopp, City Manager 5-6-8o CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDiJM NO. 80-148 SUBJECT: Rezoning - Public Hearing Lots 34, 35, 36, 37, 38 & 39, Auditor's Subdivision 167 The proposed rezoning hearing is scheduled for May 6th. If the hearing is successful, then there is a parking variance required by the request. CITY OF MOUND Mound, Minnesota April 23, 1980 TO: FROM: RE: City Manager City Planner Follow-up to March 24, 1980 report on request for commercial site development at 2537-2539 Commerce Boulevard The purpose of this report is to discuss interpretations as to spot zoning applying to the proposed Commerce Boulevard rezoning request. Spot zoning is generally considered an undesirable zoning practice responding to individual property owner requests versus following a logical land development pattern of a city wide plan. While no specific definition of spot zoning has ever been developed, a typical spot zoning is characterized by a district zone free- standing on a parcel or two within a larger surrounding land area zoned an alternate use. In my opinion, by rezoning the 2537-2539 Commerce Boulevard parcels to commercial would not create a spot zoning situation. In fact, the lots under question would be a commercial expansion of the Commerce Boulevard commercial area to the south. Key here is that the commercial area would be expanding, not spot zoning. I hope the accompanying map with the shaded area high- lighted expresses this point. Also, for additional information, please reference the proposed land use/zoning plan prepared by the planning commission recommending redesignating this area to commercial. Chuck Ri esenberg /z 31 .... /$3~.o5 [C S. !'7;'o) .... 5-6-80 CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-142 SUBJECT: Public Hearing - Revenue Sharing The Revenue Sharing budgets should be adOpted. At the original hearing it was suggested the money be spent as follows: Spring & Fall Pick-Up Summer Recr~lAtion Program New Police Facility Park Development 9,OOO 5,5OO 21,5OO 7,ooo $43,OOO * In view of recent events it is suggested the $21,500 be used in bike trails and park development. 5-6-80 CITY OF HOUND Hound, Hinnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-149 SUBJECT: Public Hearing on Delinquent Utility Bills At the April 8th meeting, the Council set the date of May 6th for the public hearing on the attached list of delinquent utility bills. A revised list showing additional payments made (if any) will be at the May 6th meeting. Accouut Mumber 22-271,~9..-r- ;1 2~-~O-~?:LO-~']. 22-310-3160-61 22-311-6395-31 22-313-6324-9t 22-.316-2778-31 22-316-R882-31 22-317-2991-Ol 22-343-1790-31 72-343-1800-01 22-346-~667-2I 22-364-7571-21 22-404-4801-51 (Delinquent Utility Bills) (Over Si~ Months Old.) · 4-2-80 Amount $B6.33 51.31 39.52 ~3..8~~ 36,82 129,04 81.38 !86.3b 62,67 7O,76 36.6o 56.60 36.60 63.~ 95.72 5'-6-80 CITY OF ~OUND Mound, Minnesota April 30, 1980 COUNCIL MEMORANDUM NO. 80-154 SUBJECT: Municipal Clerk's Week - Proclamation Attached is a copy of a proposed proclamation proclaiming May 10th through May 16th, Municipal Clerk's Week. L~-ona]rd L. Kopp the success of any unit of government is measured by its ability to meet the needs of its people; and the Municipal~ Clerk is important to the community as a whole -- the keystone of efficient and responsive local government; and the Municipal Clerk provides continuity, knowing what went on in the past and how it will affect what is done today, thus more ably assisting in the initiating and planning of community programs; and the ~unicipal Clerk records the proceedings and decisions of the legislative body, implements its directives, com- piles its reports, and preserves the city's records for posterity; and the Municipal Clerk accomplishes these and a host of other tasks with which he or she is charged in the catch-all phrase of the job description that reads, "...and other duties as the Council may require of the Clerk"; and it is most appropriate that we recognize and recall that this historic municipal office grew out of the traditions of our democratic heritage, and still remains most viable in today's structured, government; here ore: do here'bY pr°~iaim the w%k of May 10 t~Ohgh"May as ~JNICIPAL CLERK'S WEEK in recognition of their outstanding dedication and contribution to the communities they serve. Dated this day of , 1980. Attest: m · · 5-6-80 CITY OF HOUND Mound, Minnesota April 29, 1980 COUNCIL MEMORANDUM NO. RO-15~ SUBJECT: Citizens' Request Willard Hillier, Alan Hofstadter and a group of citizens from the Three Points area will be present at the May 6th meeting to make a request for a stop sign and for more police patroling. cc: Police Chief 5-6-80 CiTY OF MOUND Mound, ~innesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-146 SUBJECT: Industrial Revenue Bonds - Ms. Dees, Inc. The $325,000 in Industrial Revenue Bonds for Ms. Dees, Inc. is ready for final action. Attached is a copy of the final resolution. We also have available for Council perusal if the Council wishes: 1. Construction Loan Agreement 2. Loan Agreement 3. Assignment and Pledge Agreement 4. Buy and Sell Agreement 5. Mortgage 6. Assignments of Rent This will be on the May 6th agenda for action. cc: O..Huseby Extract of Minutes of Meeting of the City Council of the City of Mound, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mound, Minnesota was duly held at City Hall in said City of , the day of , 1980, at o'clock .M. The following Council members were present: and the following were absent: Council member introduced and read the following written resolution and moved its adoption: RESOLUTION NUI~BER A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE oIF INDUSTRIAL REVENUE BOND PURSUANT TO CHAPTER 474, INNESOTA STATUTES TO PROVIDE FUNDS TO BE LOANED TO VILLE H. HUSEBY AN~ DEANNE L. HUSEBY FOR INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREEMENT, PI[EDGE AGREEMENT, CONSTRUCTION LOAN AGREEMENT, COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, LEASE ASSIGNMENT AND BUY AND SELL AGREEMENT The motion for the adoption of the foregoing resolution wa~ duly seconded by Council member , and upon vote being taken thereon the following vo~ed in favor thereof: following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NUMBER A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL REVENUE BOND PURSUANT TO CHAPTER 474, MINNESOTA STATUTES TO PROVIDE FUNDS TO BE LOANED TO ORVILLE H. HUSEBY AND DEANNE L. HUSEBY FOR INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREEMENT, PLEDGE AGREEMENT, CONSTRUCTION LOAN AGREEMENT, COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, LEASE ASSIGNMENT AND BUY AND SELL AGREEMENT BE IT RESOLVED by the City Council of the City of Mound, Minnesota (the "City"), as follows: 1. Authority. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act"), authorized to'issue and sell its revenue bonds for the purpose of financing the cost of author- ized projects and to enter into contracts necessary or convenient ii1 the exercise of the powers granted by the Act. 2. Authorization of Project; Documents Presented. This Council proposes that the City shall issue and sell its City of Mound Industrial Development Revenue Bond (Orville H. Huseby and Deanne L. Huseby Project--Ms. Dee Inc., Lessee) in substanti- ally the form set forth in Exhibit A to the hereinafter mentioned Loan Agreement (the "Bond") pursuant to the Act and loan the proceeds thereof to Orville H. Huseby and Deanne L. Huseby, individuals residing in the City of Wayzata, Minnesota (the "Borrowers"), to finance the costs of the construction of an office and warehouse facility in the City, and the acquisition and installation of equipment therefor, together with any site improvements required in relation thereto~ (the "Project") all to be owned by the Borrowers and leased to Ms. Dee Inc., all pursuant to the Act. Forms of the following documents relating to the Bond and the Project have been submitted to the City Council and are now on file in the office of the City Clerk-Treasurer" (a) Loan Agreement (the "Loan Agreement") dated as of May 1, 1980, between the City and the Borrowers whereby the City agrees to make a loan to the Borrowers and the Borrowers agree to complete the Project and to pay amounts sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bond; (b) Assignment and Pledge Agreement (the "Pledge Agreement"), dated as of May 1, 1980, from the City to Wayzata Bank & Trust Company in Wayzata, Minnesota (the "Mortgagee"), whereby the City assigns its.interest in the Loan Agreement to the Mortgagee as security for the Bond; -2- (c) Construction Loan Agreement (the "Construction Loan Agreement"), dated as of May 1, 1980, by and among the City, the Mortgagee and th~ Borrowers, providing for the purchase of the Bond by the Mortgagee and the making of advances thereunder from the Mortgagee to the Borrowers; (d) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage"), dated as of May 1, 1980, between the Borrowers and the Mortgagee, by which the Borrowers grant to the Mortgagee a mortgage lien on and security interest in the Mortgaged Property, as defined therein, as security for the payment of the Bond (this document not to be executed by the City); (e) Assignment of Rents and Leases (the "Lease Assignment"), dated as of May 1, 1980, from the Borrowers to the Mortgagee, assigning the Borrowers' interest in leases of the Project to the Mortgagee as additional security for the Bond (this document not to be executed by the City); and (f) Buy and Sell Agreement (the "Buy and Sell Agreement"), dated as of May 1, 1980, by and among the Mortgagee, .Raymond O. Mithun, Sr. (the "Permanent Lender") and the Borrowers, whereby the Permanent Lender agrees, at the completion of the Project, and subject to the conditions therein stated, to purchase from the Mortgagee the Bond and the instruments providing security therefor (this document not to be executed by the City). 3. Findings. declared that:' It is hereby found, determined and (a) The Project, as described in paragraph 2 above and in the Loan Agreement, constitutes a project authorized by and described in Section 474.02, Subd. la, of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and commerce to use the avail- able resources of community, in order to retain the benefit of the community's existing investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and increasing the tax base of the City and the county and school district in which the Projec't is located. (c) The Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. -3- (d) The issuance and sale of the Bond, the execution and delivery of the Loan Agreement, the Construction Loan Agreement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Bond, the Loan Agreement, the Construction LoanAgreement, and the Pledge Agreement and of all other acts of the City and the S%a~e of Minnesota to make the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement and tile Bond valid and binding obligations of the City in accordance with their terms, are authorized by the Act. (e) It is desirable that the Bond, in the principal amount of $325,000, be issued by the City upon the terms set forth herein and in the Loan Agreement be assigned to the Mortgagee pursuant to the Pledge Agreement as security for the payment of principal of, premium, if any, and interest on the Bond. (f) The Loan Agreement provides for payments by the Borrowers to the Mortgagee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Borrowers to provide for the operation and maintenance of the Project, including adequate insurance, taxes and special assessments. (g) Under the provisions of Section 474.10, Minnesota Statutes, and as provided in the Loan Agreement, the Bond is not to be payable from nor charged upon any funds other than amounts payable by the Borrowers pursuant to the Loan Agreement which are pledged to the payment thereof, or moneys received upon disposition of the Mortgaged Property under the Mortgage; the City is not subject to any liability thereon; no holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the interest thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, other than its interest in the Loan Agreement, the Bond shall recite that the Bond, including interest thereon, shall not constitute nor give rise to a pecuniary liability of the City of a charge against its general credit or taxing powers and that the Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. 4. Approval and Execution of Documents. The forms of Loan Agreement, Pledge Agreement, Construction Loan Agreement., Mortgage, Lease Assignment and Buy and Sell Agreement, referred to in paragraph 2 are approved. The Loan Agreement, Pledge Agreement, and Construction Loan Agreement shall be executed in the name and on behalf of the City by its Mayor and City Manager, or by other appropriate officers of the City authorized to execute documents on their behalf, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the City Attorney, Bond Counsel and as may be approved by the officers executing the same, which approval shall be conclusively evidenced'by the execution thereof. Copies of all documents shall be delivered and filed as provided therein. The Mortgage, Lease Assignment and Buy and Sell Agreement may contain such revisions as may be approved by the Mortgagee and the parties executing the same. 5. Approval, Execution and Delivery of Bond. The City shall proceed forthwith to issue the Bond, to be dated the date of delivery, in the principal amount of $325,000, in the form and containing the terms set forth in the form of Bond attached as Exhibit A to the Loan Agreement, which terms are for this purpose incorporated in this resolution and made a part hereof. The proposal of the Mortgagee to purchase the Bond at a price of $325,000 (100K of its par value) by making advances in accordance with the Construction Loan Agreement is hereby found and determined to be reasonable and is hereby accepted. The Mayor and City Clerk-Treasurer are authorized and directed to prepare the Bond in typewritten form substantially in the form set forth in Exhibit A to the Loan Agreement. The Bond shall be executed by the manual signatures of the Mayor and City Manager and the official seal of the City shall be affixed thereto. When so prepared and executed the Bond shall be delivered to the ~.~rtgagee upon receipt of the purchase price therefor, which may ~ ~ paid to the parties entitled to receive the loan proceeds in ~cordance with the Construction Loan Agreement and the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Registration Records. The City Clerk-Treasurer, as Bond Registrar, shall keep a Bond Register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be payable to the Mortgagee or registered assigns in lawful money of the United States of America at the address of the Mortgagee or registered assigns as shown on the Bond Register. 7. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may execute and deliver to the registered owner a new Bond of like date, number, maturity and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Borrowers evidence of such loss, theft or destruction satisfactory'to the City and the Borrowers together with indemnity satisfactory to them. The City may charge the Bondholder with its reasonable fees and expenses in this connection. 8. Transfer of Bond; Person Treated as Owner. The Bond shall be transferable by the registered owner on the Bond Register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk- Treasurer, as Bond Registrar, accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar and. the City Attorney duly executed by the registered owner or its attorney duly authorized in writing. The registered owner seeking to transfer ownership of the Bond shall also give written notice thereof to the Borrowers. The Bond shall continue to be subject to successive transfers at the option of the registered owner of the Bond. No service charge shall be made for any such transfer, but the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The Bond Registrar shall give written notice to the Borrowers of any transfer of ownership recorded on the Bond Register immediately upon effectuating the same. The person in whose name the Bond shall be registered from time to time shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of the owner thereof, or its attorney duly authorized in writing and neither the City, the Bond Registrar nor the Borrowers shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. 9. Amendments, Charges and Modifications to Loan A_~reement, Construction Loan Agreement, .Pledge A~reem~nt and Bond Resolution. The city shall not, without the written consent of the Mortgagee, enter into any agreement, change, modification, alteration or termination.of the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement or this Bond Resolution. 10. Certificates, etc. The Mayor, City Manager and City Clerk-Treasurer and other officers of the City are authorized and directed to prepare and furnish to the purchase of the Bond, certified copies of all proceedings and records of the City relating to the Bond, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in such officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained~ therein. Approved Mayor Attest City Clerk-Treasurer -6- 5-6-80 CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-144 SUBJECT: Street Construction - Lynwood Alley Attached is a copy of a petition from the residences along Lynwood west of the old high school. The residents request that either the street be removed from the project or a street 18 feet wide without curb and gutter be installed. This will be listed on the May 6th agenda. cc: Dave Helgeland NEIGHBORit00D PETITION TO T>iE MOUI~D CITY COUNCIL REGARDI~G R~OVAL OF A~ ALLEY FROM THE 1980 STREET PROJECT Subject; Alley - Lynwood Boulevard East to Elnd This petition is a request by the property owners abutting this alley for the City Council to reconsider' its plans for installation of a proposed 28 foot wide standard city street with curb and gutter along this alley. ~+ ali properties abutting this alley have primary aeneas from Lynwood Boulevard, County Road 15. ~ The alley provides only.limited secondary access to the affected lots. * There is no public safety benefit to be gained by paving this alley as all emergency access is via Lynwood Boulevard. * All properties have off-street, on lot parking so no parking space is necessary in the alley. * The alley easement is 30 feet wide but the school yard fence encroaches at least 2 feet thereby preventing the pro- posed 28 foot wide construction without moving the fence, encroaching on several mature trees, or encroaching on our remaining properties. * A 28 foot width is not necessary for secondary access to our garages. ~ As a dead-end alley, the alley is not part of the generally traveled street system. * Other areas of the city have similar unplatted or secondary access alleys which are not proposed for paving. ~ Alley paving will not appreciably reduce city maintenance costs as the alley has'not been regularily maintained; in the last four years it has been graded only three times. The amount proposed to be assessed far exceeds the costs of this level of maintenance. ~ The amount oi' the proposed assessment ($5000 to $6000 per lot ) is burdensome and excessive. * The amount of the proposed assessment exceeds the minimal benefit that paving this secondary access alley would have on our properties~ especially because we already have all the oared, primary access that is necessary for public health and safety. We feel that since our properties will not increase in market value anywhere near the proposed assessment am- ount, that this proposed ~aount is unreasonable and ug~ac- ceptabie. In consideration of all of the above, we 'the property o~.mers abRtting the subject alley request that on April 29, 1980, the Nound City Council reconsider tt~e City Engineer"s pro- posal for our alley, and instead order one of the following courses of action: (1) Th~ property owners request that this alie~..be removed from the 19~o s~r~e~ P~.o.je_~ and be continued in its pre- sent condition as a completely adequate means of second- ary access to our properties. (2) If the City Council should decide for their ova reasons that paving of the alley serves some general public benefit, then we would recommend a ty~ic.a~.18 foot wide alle~ configuration without curb or yutter.' 'T~iS'~°~'~-~ ~ Suff~cie~'{ for ~eC0~d~ry access to our properties. Any assessment would have to be less than the proposed to be acceptabl~ as a benefit to"our properties. (3) If the City Council wishes to retain a wider alley in order to retain parking availability for the athletic field, we are not opposed to the parking, but we maintain that this is acceptable as it exists on one side of the gravel alley. Any paving wider than 18 feet would be only for the purposes of such parking~ would not provide any benefit for our pro- perties ( and may in fact be adverse to our property values ) and is not a justifJab!e cost to be assessed against our properties, The cost of any such paving would have to be paid for by the genera], public as a general benefit. The following property owners are in full agreement with the above, and hereby petition the City Council for a i'avorab!e decist, on. years 5n residence i o/ CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-147 SUBJECT: C.M. 80-130 - 1980 Street Construction - Sulgrove Road The City Council laid over the discussion of the subject road until May 6th. Attached is a copy_~f a letter from Minnetrista which indicates that they will discusslthis at their April 21st meeting. /01.3 7701 COUNTY ROAD ll0 W a MOUND, MINNESOTA 5536~ 13 472-3.~P_.,4 April 9, 1980 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Leonard: In response to your letter dated March 25, 1980, I can find no real support for the 'Sulgrove pro- ject in Minnetrista. From our review, it appears that Sulgrove lies within Mound and I am informed that we do not maintain any portion of Sulgrove. The issue will be discussed at our Council meeting of April 21st. I will inform you as to Council direction. Sincerely, CITY OF MINNETRISTA Eric B. Sorensen City Administrator EBS: bjs 5-6-80 CITY OF MOUND Mound, Minnesota April 30, 1980 COUNCIL MEMORANDUM NO. 80-150 SUBJECT: Street Construction - Clover Circle The Council voted to close Clover Circle from Hillcrest Road to Aspen Lane. Shortly after that meeting Frank Weiland called (he lives on Aspen Lane) saying that he had heard of the closing of Clover Circle and asked that his objections be relayed to the Council. This memoran- dum is supposed to do that. In looking in the file, we have a petition from 1978 where the people on Aspen requested the closing. Attached is a copy of the 197~ file. Also attached is a copy of a petition of those opposed to the closing in 1978. Also attached is a copy of a letter dated April 17, 1980 fr~:~m the resident at the corner of Hillcrest Road and Clover Circle. Leonard L. Kopp ON LAK~ MINN~'TON~.~J~ INDIAN BURIAL MOUNDB §3~-1 M,,~.¥WOOD ROAD TELEPHONE MOUND. MINNESOTA 55364 (6.12) 472-1155 July 13, 1978 TO: FROM: SUBJECT: The Park Commission The City Manager Clover Circle On May 2nd, a memorandum regarding a request to close a portion of Clover Circle was sent the Park Commission. The Commission discussed this and felt more imput should be had from affected residents. Attached is a signed petition requesting the closing and a blacktopped walkway be constructed. Lot 17 has its driveway access off Clover Circle and that should be protected. LLK/ms Encl. cc: Chris Public Works 534~ MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 ~ay 2~ 1978 TO: FROM: SUBJECT: The Park Commission The City Manager Clover Circle One of the residents of Aspen Road has suggested that the portion of Clover Circle between Hillcrest Road and Aspen Road be vacated or closed. The area is marked on the attached map. This area has no utilities (water or sewer) and each spring becomes impassable because of frost boils. If posts were placed at either end of this piece, grass could be planted and the park area would be increased. Also, if and when Clover Circle is paved, the cost of the road construction would be decreased considerable. This is being suggested for discussion by the Park Commission. If the Park Commission thinks the idea has merit, they can make a sug- gestion to the Council. If the area is closed, there should be a discussion with the neighbors; especially those living on Aspen Road. ? ''PETITION We, the undersigned residents of Brookton, request that Clover Circle between Aspen Lane and Hillcrest Road be closed- (except for that necessary for ingress and eggress to road area be seeded Dnd become part of Brookton Park: Name ss ) and the ON LAKE MINNErONKA INDIAN BURIAl. NIOtJNnS 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 '. September 22, 1978 " TO: FROM; SUBJECT: The Park Commission The City Manager Clover Circle Based on a petition received sometime ago, the Park Commission recommended and the Council approved the closing of a part of Clover Circle (see map attached) and the Council concurred, but asked that the road not be closed until the abutting property owner was contacted. The abutting property owner on Lot 17 approves the closing. Now the attached petition has been received asking the street not be closed. In view of the controversy, it is recommended the street stay as it is until Clover Circle is paved, at which time, the deter- mination can be made as to close or keep it open. The. arguments vary from it cuts off access to emergency vehicles . to it will be a real race track aftar the Circle is paved. ~Le6nard L. Kopp 'cc: City Council M. Watters Sep~o~be~ aO, 1975 53~1 k~ayw.~ed E~ad ~.~ouad, ~!lnae~ta 55~.~ Dear C~'~azil ~{embers: The pr~p~me& zlosing efa p~rtio~ ,f Clever Circle between Hillcrest Amoe'~ was dis~,m~sed at o~mr Bre~kt~ Improvement As~atati~a meeting Sept. 19?S. ~ne vast majority ~f meubers ~p_p,sed the idea. ~:any ~f the m~aber~ sigae& a petiti~n(e~--l~ed) a~kt~g that n~ part ~f' Cl~ver Cirele be el~se&, azd ~ ?.umber ~f them are thus ressindin~ their earlier signat'are~ e~ a petiti~ which eriginally asked fer the project. Thanlc y~a fer ~ e,nsidera~i,~ ~f this matter; we weuld .~ppre~lat~ bel~ inf, rme& as t, y~u~ de~isi~a i~ this matter. $i-~erely, Pre,id'eat Bre~kt~ Im?rav~u~nt A~s,ciati,n '",4 /Oc~ .3 COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ~! LAND SURVEYORS [] SITE PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 April 17, 1980 Mr. Leonard Kopp City Manager City of Mound 5341Maywood Road Mound, Minnesota Subject: City of Mound 1980 Street Construction Job #5248 Dear Mr. Kopp: Enclosed is a letter from Michael Farrell 2080 Clover Circle. Mr. Farrell is the only property owner on Clover Circle between Hillcrest and Aspen who has driveway access onto Clover Circle. Mr. Farrell is in favor of the proposal to close this portion of Clover Circle. Yours very truly,. MoCOMBS-KNUTSON ASSOCIATES, Lyre Swanson, P.E. Inc. LS:jl Enclosure Minneapolis - Hutchinson - Alexandria - Granite Falls ! C. I v'c [--~ ,- t/oo l CITY OF MOUND Mound, Minnesota April 29, 1980 COUNCIL MEMORANDUM NO. 80-151 SUBJECT: Street Construction - Plans & Specifications The Engineer will have plans and specifications ready for some of the 1980 street cons.truction. Leonard L. Kopp ~ ~ /OOo. 5-6-80 CITY OF HOUND Mound, Minnesota May 1, 1980 COUNCIL MEMORANDUM NO. 80-157 SUBJECT: Bids - Tree Removal Bids have been sought for removal of trees on private property. The bids were as follows: Number Eager Beaver Tonka Tree Todds Trees Address Tree Service' Service Service 5174 Tuxedo Boulevard 1743 Sumach Lane 5142 Waterbury Road 5048 Edgewater Drive 4915 Monmouth Road 4873 Island View Drive 4872 Hanover Road 5147 Windsor Road 3021 Brighton Boulevard 5740 Bartlett Boulevard 5900 Beachwood Road 2 $1,350.OO *$1,2OO.O0 No Bid 1 * 75.00 130.00 $165.OO 1 * 350.00 408.00 550.00 1 500.00 * 260.00 No Bid 1 200.00 * 147.00 285.00 1 175.O0 * llO.O0 250.00 1 450.00 * 338.00 390.00 1 75.00 * 47.00 125.OO 1 850.00 * 398.O0 650~O0 2 300.00 * 273.00 295.00 1 250.00 * 184.O0 390.00 * Low Bidder It is recommended the bids be awarded to the lowest bidder. Tonka Tree Service was the low bidder on all items except the second and third items on which Eager Beaver Tree Service was the low bidder. ~ Le6nard L. Kopp /\~'~ 'fj~ ' $-6-80 CITY OF MOUND Mound, Minnesota April 30, 1980 COUNCIL MEMORANDUM NO. 80-155 SUBJECT: Island Park Siren - Police Committee. Minutes Councilman Swenson has requested to be on the agenda to discuss the two items listed in the subject. 5-6-80 CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-145 SUBJECT: Portable Breath Test Units Attached is a memo from the Police Chief and a proposed resolution that would authorize the City to enter into an agreement with the State for the City to receive free two (2) portable breath test units. : This is recommended for acceptance and will be on the May 6th agenda. cc: Police Chief I [ I'EROFFICE. MEi TO: FROM: SUBJECT: Mr. Leonard Kopp - City Manager Charles Johnson -Chtef of Police Portable Breath Test Uni'ts DATE It is requested that the C?ty Counsel approve the attached sample resolution which will allow the City to enter into an agreement with the State of Minnesota, Dept. of Public Safety, for the purpose of receivi.ng, free of charge, two ALERT J3A portable breath test units. The units would be received by the police department on a loan basts from the State for the purpose of assisting in DWI enforcement. Also attached is the agreement that the City would enter into for the use of the breath test uni'ts. This .agreement ts self explanatory as to the City and State's responsibilities. Respectful ly, Chief ChaVtes Johnson Mound Police Department CJ/sh Enc. Sample EESOLUTION BE IT RESOLVED that the City of ................. ., . enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose, to-wit: To provide authority for the city to receive from the State of Minnesota, Department of Public Safety, ALER~ J3A portable breath test unit or units on a loan basis. The unit or units are to be used by city law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121. BE IT FURTHER RESOLVED that the and be and they hereby are authorized to execute such agreement. CERTIFICATION State of Minnesota City of I hereby certify that the foregoing Resolution is a true and correct copy of the resOlution presented to and adopted by the City Council of ~.the City of at a duly authorized meeting thereof held on the day of _~ 19 ., as shown by the minutes of said meeting in my possession. ..... C~ity ~i~k ........ ....... ~ ....... AG~: USE OF ALERT J3A PORTABLE BREATH TEST UNITS THIS AGRE~,~T, MADE 7~ND EN~fERED IAgO this 7 day of April. ., 19 80 , BY AND BE~4EEN the State of Minnesota, Department of Public Safety, (hereinafter referred-- to as "DPS"), and Mound Police Department (hereinafter referred to as "Recipient" ), WIT~SSETH: WHEREAS the DPS has received federal moneys through Section 402 of the Highway Safety Act of 1966 for the purchase of ALERT J3A portable breath test units; and WHEREAS the DPS desires to provide a mechanism through which local law enforcement agencies may use these ALERT J3A portable breath test units to assist them in detecting' drivers who are in violation of Minnesota law~ relating %0 traffic and highway safety, NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEqSN the parties hereto as follows: I. DPS' Responsibilities. A. The DPS shall make 2 AT.F. RT J3A unit(s) available to Recipient. Recipient shall use and have possession of the unit(s), but the DPS shall retain title and legal ownership of the unit(s). B. Any and all repairs shall be made by or at the direction of DPS. The cost of repair or replacement will be borne by DPS, at the discretion of the Bureau of Criminal Apprehension Laboratory after consideration of the reason for' such repair or replacement and the availability of DPS funds. C. The DPS will train at least one person designated by Recipient in the handling and use of the unit. The DPS will bear the expense of this training. D. The DPS will maintain all necessary state and federal inventory control records on the unit(s). The DPS will maintain the J3A ALERT inventoR, by /nstrument serial number and state asset number. II. .Recipient' s Responsibilities. A. Recipient shall receive 2 ALERT J3A unit(s) and use the unit(s) for assisting in enforcing the Minnesota laws relating to traffic and highway safety. B. Recipient shall keep and maintain the unit(s) in proper operatJmg condition. Recipient shall supply all disposable components for the unit(s) at Recipient's expense. C. Recipient shall return to the DPS any unit which is obsolete, inoperable, mal- f~unctioning or no longer in use. The unit shall be delivered or shipped to the Bureau of Criminal Apprehension Lakoratory postage and handling charges prepaid.- D. Recipient shall be responsible for the cost of repairing or replacing a unit at the discretion of the Bureau of Criminal Apprehension Laboratory after consideration of the reason for such repair and the availability of DPS f~ds. lcf3 · E. Recipient shall designate at least one person to be trained by the DPS in the proper handling and use of the unit. Pecipient sh_~_],l bear the cost of any travel expenses incurred by any person 'attending such training. F. Recipient shall make the unit(s) available to authorized personnel when required for inventory or inspection purposes. III. Term of Agre~t. This Agreement shall be in effect for one (1) year from the 7 day of Aori] , 19 gO , unless terminated by either party in accordance with ~h~ provisions set for in this Agreement. This Agreement shall be deemed rene~=d on a year-to-year basis unless it is terminated by either party in accordance with the pro- visions set forth in this Agreement. IV. Termination. This Agreement may be terminated by either the DPS or Recipient at any tine with or without cause, upon ten (10) days' written notice to the other party. In the event of such termination, Recipient shall return the u~uit(s) to the Bureau of Criminal Apprehension Laboratory five (5) days after the termination of this Agreement. If Recipient fails to return the unit(s) within this time period, Recipient may be assessed the cost of the unit(s). V. Ass ig~nt. Recipient shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the DPS. VI. Liability. Recipient agrees to indemnify and save and hold the State of Minnesota, its agents and employees harmless from any ~d all claims or causes of action arising from the use of ALERT J3A unit(s) or from the performance of this Agreement by Recipient or Recipient's agents or employees. VII. Relationship of Parties. Neither Recipient nor Recipient's agents or entoloyees are to be considered to be agents of the DPS or to be engaged in any joint venture or enterprise with the DPS, and nothing herein shall be construed to create such a relationship. 2of 3 · IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby, have caused this k/r~t ko be duly executed the day am% year first above mentioned. RECIPIENT: By: OF Title: Date: By: Title: Date: STATE OFMINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSIONLABORATORY: Receded for Approval By: Title: Date: As to form and execution by the By: CO~4ISSIONER OF ADMINISTRATION: By: Date: Authorized Signature Approved C(kMMISSIONER OF FINANCE: By: Date: STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY: By: Title: Date: A certified copy of the resolution must be attached authorizing the to enter into this Agreement and authorizing the and to execute the Agreement. 3of3 ' 5-6-8O CITY OF MOUND Mound, Minnesota April 25, 1980 COUNCIL MEMORANDUM NO. 80-141 SUBJECT: Car for Police Reserve Attached is a copy of a memo from the Police Chief asking one of the old squad cars be kept for the police reserve. A resolution from the Council authorizing the use is recommended. -Leon.ard L. Kopp I TEROFFICE MEI TO: FROM: SUBJECT: Mr. Leonard Kopp - City Manager Charles Johnson - Chief of Police Mound Police Reserve marked police squad DATE Apri ! .2..2., .... 198.~.0 The end of May, the police department will take delivery on four squad cars to replace the old ones now in use. One of the old ones is to go to Hank Truelson for administrative use. It is respectfully requested that the police department be authorized to keep one of the old units to be utilized by the police reserves. This would then allow for two to be sold at auction. The marked squad would serve a two-fold purpose. One, it would be designated primarily for use by the police reserves. Secondly, it would serve as a back-up for regular patrol, should the need ever arise. The reserves have donated literally thousands of hours to the city at little or no cost. Allowing the reserves to have a marked squad would serve as a form of thank you and would be very much appreciated by these members. They would take great pride in having a squad assigned to them. They would utilize this vehicle at all of their special traffic and crowd control assignments, such as at high school events, and it would also be used for their weekly volunteer patrol shifts in which they assist the department in such tasks as vacation house checks and business security checks. The only cost to the city would be insurance, gas, and upkeep. Gas and upkeep would be minimal. It would not receive the daily use of the regular squads. There is sufficient money budgeted for 1980 to absorb these costs in the police budget. Respectful ly, Chief Chartres Johnson Mound Police Department CJ/sh 5-6-80 CITY OF MOUND Hound, H|nnes°ta May I , 1980 COUNCIL MEMORANDUM NO. 80-158 SUBJECT: Urban Corps Agreement Attached is a copy of an agreement with the Urban Corps for the use of Urban Corps Interns. This is the same agreement approved each year except for an in- crease in the salaries. This year's salaries are penciled beside the new salaries. It is recommended the Mayor and Manager be authorized to enter into the agreement. 'qZ~arcl L. Kopp AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN CITY OF MINNEAPOLIS AND THIS AGREEMENT, entered into this day of by and between the City of Minneapolis (herein called ~'Urban Corps") and · .(herein called "Agency"). , 19 WHEREAS, the above named Agency, a public organization or private non-Profit organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for student interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency shall utilize such students as may be a~signed ~o it in accor- dance with the specifications set forth in its written request to the Urban Corps, and shall immediately notify the Urban Corps of any change in nature of assignment, duties, supervisor or work location. 3. The Agency shall p-rovide such students as may be assigned to it with a safe place to work and with adequate responsible supervision. 4. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to inter- view such students and their superivsors. 5. The Urban Corps shall have the right to require such students as may be assioned_to the Agency to attend such'general or special meetings, or to 'appear at the Urban Corps office, individually or as a group, as shall be necessary.f6r the' proper functions of the program. 6. In accordance with the requirements of Federal and State law, work per- formed by such students as may be assigned to the.Agency shall: a. Be in the public interest; b. Will not result in the displacement of employed workers or impair existing contracts for services; c. Does not involve the construction, operation or maintenance of so much of any faEility as is used, or is to be used, for sectarian instruction or as a place for religious worship; and d. Does not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for pub- lic or party office. 7. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 8. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall'not be obligated to replace said student. 9. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 10. The Agency warrants that it is in compliance 'with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance, Chapter 139 and 141. 11. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignments of students to the Agency. 12. The Agency shall obtain at its own expense Workman's Compensation insurance Cor shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. 13. The Agency shall pay to the Urban Corps 30% of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly. payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section !3(a), and !3(b) of this Agreement. ~2~ a. Hourly compensation for students will be set at $.4.10 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.70 per hour for graduate students. b. A graduate student is defined for purposes of thi~ Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 14. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30..00 per week for each week the student works. 15. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent(lO%) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement. of the internship. Agency rates for said option are set forth in Section 15(a) and 15(b), Of this Agreement. a. Agency rates for students will be set at $4.51 per hour for entering freshmen through receipt of a Bachelor's Degree, and $6.27 per hour for graduate students. b. A graduate student is defined for purposes of this'Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 16. Performance under this contract shall commence on J~.ly 1, 1980 and ter- minate on June 30, 198t, unless amended, in writing as mutually ~reed upon ~y both the Agency and the Institution; however, either party may t~rminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS AGENCY Name By Mayor Address ATTEST: City State City Clerk By Title By COUNTERS IGNED: Ti tl e City Comptroller-Treasurer Attest: Approved as to Legality: Assistant City of Minneapol'is Attorney 5-6-8O CITY OF MOUND Mound, Minnesota April 28, 1980 COUNCIL MEMORANDUM NO. 80-143 SUBJECT: Car Wash Ordinance Attached is a copy of a proposed car wash ordinance as requested by the City Council. The ordinance'will be listed on the May 6th agenda for consideration. In the ordinance a fee must be determined and a determination should be made in which zoning areas they should be allowed. c-'~;rd [. I~opp g I cc: D. Phillips CITY OF MOUND Mound, Minnesota April 23, 1980 TO: FROM: RE: City Manager City Planner Proposed Car Wash Ordinance After initial review of the proposed January car wash ordinance, those parts of the code applying to the zoning ordinance have been incorporated into the new draft of the zoning code. Realizing the new zoning code has yet to be reviewed by the Council, passing the car wash ordinance in its proposed draft would be preferable to alleviate immediate concerns. Coordination between the two codes at a later date is possible. I have no points to change on the draft, it appears very thorough. Chuck Riesenberg CLAYTON L. LIEFEVERE HERBERT P. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E. DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E.PURDUE JAMES D.LARSON CHARLES L. L~:FEVERE HERBERT P. LEFLER III JEFI~RE¥ J. STRAND JAMES P, O'MEARA MARY J, BJORKLUND THOMAS D.CREIGHTON Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 December 21, 1979 TELEPHONE (612) 333-0543 Dear Len: In September you contacted me regarding the Council's desire for a licensing control of car washes and directed me to prepare an ordinance. On November 5, I informed you I was having difficulty finding a good. car wash ordinance. I wrote to the National Institute of Municioal Law Officers of which I am a member and obtained some sample ordinances from various areas around the country. I have reviewed all of those documents and have tried to prepare an ordinance which is consistent with conditions as they exist in the City of Mound. I enclose this ordinance for your consideration and review and suggest that if you find it in order that you transmit it to the Council for their review. They of course may amend it, add to it, or delete portions therefrom as they perceive the problems in Mound to' exist. It may be a bit lengthier than you anticipated, but I think it covers most of the problems for this area in that business. Please note that you will have to suggest licensing fees in Subd. 5 and also will have to determine in which zoning d. istricts these different types of car washes are to be included. I would think from a review of the ordinance that the coin-operated or drive-through car wash might be considered in the commercial B-1 and B-2 zoning districts, but that the automatic conveyor type probably should be allowed only in the industrial district. You may want to check with Chuck Reisenberg and get his suggestions on what districts to put. in those sections. In the B-1 district, 23.072, currently service stations include a' statement "washing and greasing", as a conforming or permitted use. In 23.073d, Subd. 5, auto laundries and car washes are a permitted use. The terms of this ordinance would in effect amend those sections of the ordinance by requiring a special use LAW OFFIC£$ ~D LEFEV E. LEFLER, PEARSO'N, O'BRIEN RAWZ Page 2 Mr. Len Kopp, City Manager December 21, 1979 permit,.-and, maybe that is not the d. esire of.the Council. I do think that you ought to have Charlie look at it and give you his input as to the advisability of limiting the zones and making them uses by special permit rather than permitted uses. Car washes can be a real problem from the standpoint of traffic, ice accumulating on the streets, nuisance factors relatin%~ to debris, etc. CAP: ih Enclosure VeriLy, truly your~s,~ Curt]_s A. Pearson, · City Attorney ORDINANCE NO. AN ORDINANCE ADDING SECTION 38.71 TO THE CITY CODE, REQUIRING LICENSES FOE CAR WASHES AND ESTABLISHING REGULATIONS RELATING TO CAR WASHES THE CITY OF MOUND DOES ORDAIN: Section 38.71 is hereby added to the City Code and shall read as follows: Part I:'~q · REGULATIONS AND LICENSING CAR WASHES Section 38.71. Regulations and Licensing of Car Washes. Subd. 1. Definitions. Type A. Coin-operated Self-service. A Coin-operated Self-service Car Wash ii.~ defined as a car wash where a person washes the car himself after depositing a coin in a machine for the use of water. Type B. Automatic Drive-through. An Automatic Drive-through is defined as a car wash where the person drives the car through the wash and machines clean the car. Type C. Automatic Conveyor. An Automatic Conveyor is defined as a car wash where the car is attached, to a conveyor and proceeds through the line and is washed by machines and men. Subd. 2. License Recuired. No person, firm or corporation shall operate any' car wash in the City of Mound without first obtaining a license therefor and having paid the license fee herein' required. The license herein provided for shall be in addition to all other licenses which may be required by the ordinances of the City of Mound. Licenses shall be issued for a one year period ~nd must be renewed each year. Subd. 3. Application. Application for said license shall be made to the Council and filed with the City Clerk on forms prepared and furnished by the Clerk. Said application shall be accompanied by the license fee and by a written letter from an insurance company or agency indicating the insurability of the applicant and the location. A certificate of insurance as required by this ordinance shall be filed with the City Clerk prior to operation of the car wash. Subd. 4. Insurance Required. The licensee of a'car wash shall at all times maintain in full. force and effect a po]icy fOr liability insurance issued, by an insurer licensed to do business in th~ State of Minnesota; said policy insuring the licensee, his agents and employees against liability arising from personal injury and property damage with limits not less than: A. $300,000 for any one occurrence. B. '$100,000 for any sinale person. C. $25,000 for any one occurrence and property damage loss. Such policy shall provide that the City will be issued a Certificate of Insurance and the giving of ten (10) days prior notice in writing to the City of the termination or cancellation of said policy. Subd. 5. be as follows: License Fee. The license fee for-each car wash shall A. Coin-Operated Self Service $ per year B. Automatic Drive-Through $ per year C. Automatic Conveyor $ per year. Each license shall expire on January 31st; applications for renewal shall be filed on or before January 10th of each year. The license fee ~hall be pro-rated for any fractional part of a year. Subd. 6. Zoning Requirements. Coin-operated self-service and Automatic drive-through auto washes shall be allowed only in use districts by special permit. A~utomatic conveyor type auto washes shall be allowed only in use disZr~cts by special permit. S~bd. 7. Lot Area and Setback Requirements. no A Coin-operated self-service car wash shall have a minimum lot area of 10,000 square feet with a minimum of 100 feet of frontage along the major road. Bo A Drive-through automatic car wash shall have a minimum lot area of 15,000 square feet with a minimum of 12,0 feet of frontage along the major road. Co A Conveyor automatic type car wash shall have a minimum lot area of 20,000 square feet with a minimtnn~, of 150 feet of frontage along the major road. Front Yard Setback. Ail car washes shall have a minimum 35-foot front yard setback measuring from the right of way line to the front wall of the building. All other setback requirements provided, in the City code for the zoning district where a particular car wash is located shall apply. subdo 8. Protective Wall. Ail car washes shall have a 6-foot high, 8-inch thick, brick wall or a decorative poured concrete wall at least 4 inches thick when adjacent to an existing residence or residential district or adjacent to an alley which abuts an existing ~. residence or residential district. Subd. 9. Parking. no The Coin-operated Self-service car wash shall have a minimum, of three (3) stack spaces per bay not including the wash bay spaces; cne (1) dry-off space per bay in addition to the wash bay space; and one (1) parking space per employee. A stack space is defined as an area where the car can wait before entering the car wash which shall consist of at least 200 square feet, with a length of 20 feet and a width of 10 feet. A dry-off space is defined~ as an area where the car can be parked after leaving the car wash area so that the car can be dried off which shall consist of at least 200 square feet with a length of 20 feet and a wid. th of 10 feet. The Autom~atic drive-through car wash shall have a minimum of five (5) stack spaces per bay and two (2) parking spaces for dry-off and one (1) parkina space for every employee during one shift, when the maximum_ employees are employed. The Automatic conveyor type car wash shall have a minimum of ten (10) stack spaces per bay and three (3) parking spaces for dry-off and one parking space for every employee employed, during one shift, when the maximum employees are employed. Subd. 10. Lights.~ Ail car washes shall have lighting systems with a minimum of 10--foot candle intensity to illuminate the entire premises without disturbing the surrounding area. Subd. 11. Drainage and Wastewater Disposal. Ca,ch basins shall be provided at the curb cuts of all exits for dralnag~ from cars leaving the car wash. Waste water from car washing shall be emitted. into the sanitary sewer after flowing through a grease and mud trap. A sewer flow rate will be set in relation to the size of the facility. Failure to main~ain acceptably clean grease and mud' traps will be cause for revocation of the license. Subd. 12. Buildino Operations. Ail operations shall be conducted within the buildings except for vacuuming and the dispensing of gasoline. Subd. 13. Site Plan Review. no Car wash site plans shall be reviewed and recommendations made to the City Council from the Planning Commission, the Police Department and Public Works Department. Bo No building permit for a car wash shall be issued unless the Planning Commission shall have first reviewed a detailed site plan of the car wash property and established a plan consistent with the provisions of this ordinance. Subd. 14. Prohibited Pract'ices and Regulation for Car Wash. ne The licensee shall keep the premises of any car wash free at all times from debris and waste materials. Said licensee shall cause all such debris and waste materials to be removed during each 24-hour period and as often as may be necessary to prevent any sucl~ debris or waste materials from being blown to nearby streets and premises. No person shall place or leave any debris or waste materials upon the premises of any car wash unless such debris or waste materials be placed in a waste receptacle provided on the premises for such purposes. Do No persons upon or nearby the premises of any car wash shall race the engine of any motor vehicle, cause any horn to be blown except as a traffic warning, or cause any disturbance or loud noise upon or nearby said premises. No person shall loiter and the licensee shall not permit persons to loiter upon the premises if such persons are not actually engaged in washing cars. The licensee shall maintain quiet and order upon the premises. The licensee shall see that entrances and exits and abutting alleys are kept free from congestion and that this ordinance is observed. It shall be unlawful to keep any establishment 'open for business between the hours of 10 p.m. un. til 7 a.m. the following day. The premises on a car wash shall be kept ~dequately lighted at all times when open to the public. Lights shall be kept adequately shaded or otherwise regulated so as to prevent them from shining up6n adjacent premises. Subd.. 15. Suspension and Revocation of Licenses. Whenever any licensee or agent of a licensee violates any provision of this ordinance, the license herein provided for may be suspended for a period not exceeding sixty (60) days or revoked after a hearing before the City Council preceded by reasonable notice. Subd. 16. Each Day a Separate Offense. Each day of donduct of business in which a violation of this ordinance occurs shall constitute a separate offense. Subd. 17. Separability. Each section and each provisional requirement of any section of this ordinance shall be consideredl separable and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion. Attest: Mayor City Clerk Adopted by the City Council Published in Official Newspaper 5-6-80 CITY OF MOUND Mound, Minnesota April 30, 1980 COUNCIL MEMORANDUM NO. 80-156 SUBJECT: Special Assessment Grant - HUD Funds Additional HUD funds from Year V are available for special assess- ment grant to the low income. Attached is a list of those properties that could be benefited by the HUD funds available. ~-q2e.-o~ard L. Kopp- Y77 MOUND MOUND. MI~IESOTA 55264 t612) 472-11.55 April 30, 1980 To: City Manager From: City Clerk/Treasurer The City Planner Chuck Reisenberger has informed me that there are additional funds available to apply to the 1978 assessment forgiveness for qualified senior residents. Three applications for deferrment of assessments have been received. If the .6972% were to be applied to these three residents, they would receive equal credit as did those that applied earlier. It will require Council action to approve the most recent applications for deferrment and also to adjust the assessment roll by the amount paid by the H.U.D. grant. The approval of deferrment of $3,501.28 on P.I.D. 13-117-24 31 0028 and the reduction of assessments on the three applications are as follows: Original Paid by Amount To PID # AsSessment HUD Grant Be Deferred 19-117-23 32 0019. 13-117-24 32 0102 13-117-24 31 0028 1,746.82 1,217.88 528.94 3,162.10 2,204:62 957.48 3,501.28 2,441.09 1,060.19 City Clerk/Treasurer 5-6-80 CITY OF MOUND Mound, Minnesota April 23, 1980 COUNCIL MEMORANDUM NO. 80-140A SUBJECT: City Land - Garden For several years the Ray Kramer's have been leasing the City land by Well # 3 for garden space. Attached is a copy of the letter re- questing the land for the 1980 summer. An authorization for the Mayor and Manager to enter into a lease for $1.O0 is recommended. Leonard L. Kopp ~7¥ CITY OF MOUND Mound, Minnesota April 29, 1980 COUNCIL MEMORANDUM NO. 80-152 SUBJECT: License Renewals - On & Off Sale Beer On & Off Sale Beer Licenses expire April 30tho renewals have been receivedt On Sale: Mound Lanes The following Off Sale: Mound Lanes Grimm's Grocery National Super Market PDQ Food Stores Mound Super Valu Mound Tom Thumb CITY OF HOUND Mound, Minnesota 5-'6-8o April 29, 1980 COUNCIL MEMORANDUM NO. 80-153 SUBJECT: License Renewals - Restaurant, Bowling Lanes, Games of Skill, Juke Box Licenses for the subject categories expire April 30th. The follow- ing renewals have been received: Bowling Lanes: Mound Lanes - Games of Skill: Mound Lanes - Surfside, lnc~ 8 Alleys 6 Pin Ball Machines 1 Game of Skill Restaurant: Juke Box: Mound Lanes Surfside, Inc. Saga Corporation (Tonka Toys) Surfside, inc. A resolution is required for each category of license. 5-6-80 CITY OF MOUND Mound, Minnesota May 2, 1980 COUNCIL MEMORANDUM NO. 80-160 SUBJECT: Appointment - Housing and Redevelopment Authority of Mound A short time ago, the Council was sent a copy of Carlton N. Gustafson's resignation from the Housing and Redevelopment Authority of Mound. Mr. Gustafson's term of office expires August 29, 1981. An appointment should be made to fill this unexpired term to August 29, 1981. Lednard L. Kopp ~ Housing(l d Redevelopment Authority f Mound 2020 COMMERCE BOULEVARD MOUND, MINNESOTA 55364, MEMORANDUM To: Mayor and Mound City Council From: Housing and Redevelopment Authority of Mound subject: Commissioner Carlton N. Gustafson Attached is a copy of the resignation of Carlton N. Gustafson from the Board of Commissioners of the Housing and Redevelop- ment Authority of Mou~d. The Board of Conmmissioners of the Housi~ a nd Redevelopment Authority of Mound has reconuuended the appointment of James E, Regan as Commissioner to fill the balance of Mr. Gustafson's term which expires .August 29, 1981. E. B, Richter Executive Director 5-6-80 CITY OF MOUND Mound, Minnesota May 2, 1980 COUNCIL MEMORANDUM NO. 80~161 SUBJECT: Dock Permit List No. 2 Attached is a list of dock permits for Council approval. ~i[e6n-ard L. Kopp CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 2, 1980 DOCKI! 42461 32820 43450 13390 02100 22224 31480 51705 02720 22270 43882 20750 42901 31710 51015 TO: FROM: SUBJECT: Leonard Kopp Dock Inspector Dock List #2, Addendum #1 The following people qualify for approval of their dock permit. FEE NAME ADDRESS ABT PAID Bolin, Scott; 4747 Island View Dr. yes 27.00 Cosby, Bradley; 4580 Denbigh Rd. yes 27.00 Dampier, Frenchy; 4853 Island View Dr. yes 67.00 Dolejsi, Allen; 1736 Bluebird Ln. yes 27.00 Eiss, Helen; 1563 Eagle Ln. no 27.00 Farnes, John; 2200 Centerview Ln. no 14.50 Farquharson, James; 4631 Paisley Rd. no 27.00 Flatten, Roberta; 2854 Cambridge Ln. no 27.00 Geffre, Donald; 5016 Crestvtew Rd. no 27.00 Ingstad, Edward; 4878 Plymouth Rd. no 27.00 Logelin, David; 4921 Island View Dr. yes 63.00 Niccum, Cyril; 2172 Noble Ln. no 14.50 Olson, Brad; 4932 Drummond Rd. no 27.00 Payne, Richard; 4739 Kildare Rd. no 27.00 Prouty, Philip; 2933 Cambridge Ln. yes 27.00 DOCK TYPE PHONE S 2-3958 S 2-1317 BH 2-5965 S 2-5058 S 2-3268 S 2-1494 S 2-3412 S 2-4771 S 2-2~56 S 2-1561 U 2-3828 S 2-1470 S 2-6209 S 2-4943 S 2-3677 DOCK{! 00115 12670 30590 43942 N~IE ADDRESS Prudlo, Kathy; 1582 Canary Ln. Ruble, Terry; 4971 Three Points Blvd. Sambor, Connie; Box 242 Schierman, David; 4925 Island View Dr. ABT tlo no yes yes PAID 27.00 27.00 27.00 27.00 DOCK TYPE S S S S PHONE 2-5917 2-4496 2-1777 2-4617 $10,036.85 537.00 $10,573.85 152.00 $10,421.85 List #1 List #2 Refund list of May 2, 1980 Net Respectfully, ~on Rother Dock Inspector DR/jcn CITY OF MOUND Mound, Minnesota April 25, 1980 INFORMATION MEMORANDUM NO. 80-39 SUBJECT: Right of Way - Westedge Boulevard At the time the sewer plant was constructed, easements were obtained from land on the south side so the roadway could stay basically where it was at the time. The City was successful in getting all but one piece which constitutes a piece of property 20 feet by 180 feet. The owner is asking $900.00 for the easement. The map attached shows the land involved. Presently the road goes over the easement we seek. The Engineer advises that we may not need the easement and he i's also going to discuss with the Attorney whether or not we have any rights under adverse possession. d L. Kopp s 'x'~ t- cc: Lyle Swanson q o.L.. A 41o ~ity o5 Ploorl~ -i o,L.. D ,/ ..... Z4S:. 2 Res. %? 5-6-80 CITY OF MOUND Mound, Minnesota April 30, 1980 INFORMATION MEMORANDUM NO. 80-40 SUBJECT: 1981 Union Agreement - Public Works The Public Works Union has submitted their demands for 1981 (See copy attached). Wages - An 18% increase is requested. The attached survey shows 1980 wages for most suburbs at $8.57 per hour for Heavy Equipment OperatOrs and $8.12 for Light Equipment Operators. Mound pays $9.05 and $8.55 respectively. Uniforms We now furnish some to sewer employees. Holidays - Requesting 1 more. We now give 12 with the 1/2 day before Christmas and 1/2 day before New Years. Majority of the Cities have 11, while most give less. Insurance - Want full cost. Mound now pays 75% or $105.00 of hospital and surgical and $15.00 per month on dental insurance. Most Cities pay $85.00 on hospital insurance and have no dental insurance. A few Cities pay more than Mound. .Eye Examination - Wants full cost Mound now pays $15.00 every two years for an eye examination. This isn't paid by many Cities. Severance Pay - Wants this increased. Present plan is 1/3 of unused sick leave after 3 years service to a 30 day maximum; 1/3 of unused sick leave after 121 months to a 40 day maximum and 1/3 of unused sick leave after 241 months to a 50 day maximum. H & A Continuation - This is new. Does the Council have any guidance they would like to give for the ne- gotiations? ~e~6~rd L. Kopp / / MINNESOTA TEA[a RS PUBLIC LAW ENFORCEI Ei EMPL0¥EES ONION LOCAL NO. 320 ~ffili~ted with the INTERNATIONAL BROTHERHOOD OF T~STE~S, ~HAUFFEU~S, WA~EHOUSE~N & HELPERS OF A~I~A 3~1 Un~ve~si~ Avenue S.E. ~ ~inne~polis, ~innesote 55~1~ ~ Phone (6~2) 331-3873 April 22, 1980 Mr. Leonard L. Kopp City Manager 5341Ma~vood Road Mound, ~{N 55364 RE: 1981 Contract Demands Public Works Department Dear Mr. Kopp: The following demands are submitted to you on behalf of our membership employed by the City of Mound Public Works Department: 1. Wages: 18% increase on all rates. Adjust 50¢ between H.E.O. and L.E.O. 2. Employer to furnish uniform for all employees. 3. - day after Thanksgiving. 4. Employer to pay full premium for Uniforms: Holiday: One additional day H&A, Dental, Life Insura]~ce: employee and dependents. Eye Exam: Employer to pay full cost. Severance Pay: After 10 years After 15 years After 20 years After 25 years 30% of unused sick leave 50% of unused sick leave 75% of unused sick leave 100% of unused sick leave H&A Continuation: Upon retirement, employee may elect to use severance pay for insurance premiums to continue participation of group plans. Ail other items to remain as currently in effect. The Union reserves to right to add, delete and/or modify its demands during the course of negotations. If you ahve any questions, please contact this office. Sincerely, Business Agent United To Protect LEE/azo opeiu-12 cc: Steward MAMA PUBLIC WORKS SURVEY FOR 1980 STATUS REPORT WAGE RATES, INSURANCE CONTRIBUTION AND HOLIDAYS FOR THE MAMA-49 JOINT BARGAINING CITIES OF: Blaine Brooklyn Center Brooklyn Park Burnsville Circle Pines Columbia Heights Crystal Eden Prairie Edina Fridley Golden Valley Hopkins Minnetonka Mounds View New Hope Richfield Robbinsdale Roseville St. Anthony St. Louis Park White Bear Lake. Wages for 1980: Light Equipment Operator $8.12 per hour Heavy Equipment Operator $8.57 per hour Health Insurance Contribution - Employer Maximum: $85.00 per employee per month including dependent coverage Number of Holidays: 11 Days. WAGE PATES, INSURANCE CONTRIBUTION AND HOLIDAYS FOR MAMA INDEPENDENT BARGAINING CITIES AS FOLLOWS: 0 0 HI II l I 1 .I ,..Ol i i I ~.~.~1 ::%,1 o~1 I oD ~.~1 HI · 1 .I .I i ~ ~Ol i~Ol I I I I I I i ~:.~ [}-:, ii~-. i Il ~1 oI o! *l c~Jl .I I I ['--I .I ~01 0',I I I I I I I I I I --4-I oi PUBLIC WO~S SURVEY ,FOR 1980 (continued) Community Anoka Champlin Chaska Coon Rapids Cottage Grove Eagan Forest Lake Hastings Lake Elmo Mahtomedi Maplewood Mendota Heights Minnetrista Mound (1979) New Brighton Newport North St. Paul (1979) Oakdale Plymouth Savage Shakopee (1979) Stillwater Wayzata West St. Paul Woodbury Employer Health Insurance Contribution $85.00 85.00 100% 80.00 90.00 100% 75.00 1008 60.00 60.00 75.00 75.00 100% 100% 100% 85.00 100.00 72.00 85.00 54.00 19.60 100% 70.00 100% Family package. Maximum. (Average $68.00 per month.) Employee coverage. (Employee pays $38.00 for dependent benefits.) Employee coverage. City also pays $60.50 for dependent coverage. Employee coverage. City also pays 75% of dependent coverage. Employee dental. City also pays $15.00 toward dependent dental, Maximum. Employee health coverage plus $14.00 for employee disability insurance. (Employee can choose HMO at $105,00 or 100% paid Blue Cross.) Health coverage. Dental coverage. Employee coverage. City also pays $20.00 toward dependent insurance. (Includes disability insurance.) Employee coverage. City also pays 75% of dependent insurance. 70.00 See Footnote 85.00 West St. Paul: If a majority of the following communities--Edina, Roseville, Burnsville, Bloomington, South St. Paul, North St. Paul and Anoka--pay $85.00 or more per month toward group health and life insurance or if the majority pay for LTD insurance coverage, then the City of West St. Paul agrees to continue present practice of payment for 1980 of $85.00 maximum group health and life, and $10.00 per month toward LTD. If the majority do' not pay accordingly, the City of West St. Paul will agree to pay $85.00 per month maximum toward group heal th, life, and LTD. ~ ~ ~ MAMA PUBLIC WORKS SURVEY FOR 1980 (continued) Community Anoka Champlin Chaska Coon Rapids Cottage Grove Eagan Forest Lake Hastings Lake Elmo Mahtomedi Maplewood Mendota Heights (1979) Minnetrista Mound New Brighton Newport North St. Paul (1979) Oakdale Plymouth Savage Shakopee (1979) Stillwater Wayzata West St. Paul Woodbury Number of Holidays 11 10 plus 1 floating 10 plus 1 ,floating 11 10 plus 2 personal days 12 9 10 10-1/2' 9 plus 1 floating 9 plus 2 personal days 11 10 10 plus 1 floating 11 9 plus 1 floating 10 11-1/2' 9 10 10 11-1/2' 10-1/2' 11 9 plus 2 personal days '1/2 day for holidays is Christmas Eve Day 5-6-8O CITY OF MOUND Mound, Minnesota April 30, 1980 INFORMATION MEMORANDUM NO. 80-41 SUBJECT: Hennepin County Fair Attached is a request for funds from the Hennepin County Fair. Does the Countil wish to contribute? L~ I~eonard L. Kopp ~ GERMAIN BOLL, President Maple Plain 446-1067 itL-TON SKOOG, Vice President Bloomington 881-6391 MRS. JUSTINE GOULD, Treasurer Maple Grove 425-4472 DIRECTORS: Henncpin 'County Agricultural Society Sponsor of the Annual County Fair MRS. EILEEN ROEHLKE, Secretary - Rogers, Minnesota 55374 '23185 Co. Rd. 10 Tel. (612) 498-8502 MRS. KAREN HUMPHREY Maple Plain 479-1113 TO: HENNEPIN COUNTY MUNICIPALITIES RE~ HENNEPIN COUNTY FAIR WESLEY ROEHLKE Rogers 498-8502 MRS. JUDY LEWMAN Mound 472-4524 We are pleased that many of the cities of Hennepin County each year has'contibuted funds to the Hennepin County Agricultural Society t~: help finance the Ccunty Fair. We are again soliciting funds from this source. Checks made payable to the Hennepin Co Society and mailed to the secretary. DAVID HAEG Wayzata 473-5572 the 1979 financial statement is enclosed. You will note, that the major expenses are 4H club premuims~ judges and labor and equipment rentals. RUSSELL STANSFIELD Golden Vall.ey 545-2254 The county fair will continue to be held at the Henn Co Bureau ~f Public Service in Hopkins on July 31 Aug 1 & 2. MEMBERS OF ADVISORY BOARD E.F. ROBB, JR. County Commissioner GORDON HUSTAD Administrative Service Manager Department of Public Works TAD JUDE Representative District 42A Ail municipalities are~ represented in tha 60 plus 4H clubs in th~. county. Under 1971 Statuet , law no 38.12 APPROPRIATIONS BY CERTAIN MUNICIPALITIES, Muncipalities can give to the Co Agricultural society annually s sum not to excede $1000.00 Sincerely Eileen Roehlke Secretary JIM KEMP Extension Director 73rd ANNUAL HENNEP1N COLINTY FAIR AT HOPKINS Bureau of Public Service County Rd. 18 July 3i, August 1 and 2, 1.980 STATEMENT OF RECEIPTS AND DISBURSEMENTS October 16,1975 thru 0cteber 15,1979 HUND BALANCE ' .Beginning ~f Period REVENUE: From Fair operations Space rentals Premuim Bo,k~,advertisiug Other ~v~nu~ Sub total REVENUE:From other s~urces: State Aid County and Municipal Aid Membership ~ues Interest received Premium Checks cancelled Other revenue Tranfer fr®m savings Sub total T®tal Revenue 31o.0o 941. O0 2,370.53 10,500.00 162.00 3~9.53 114.25 57.99 13,755.~,7 $ 1,45o.oo 27,279.47 DISBURSEMENTS: Fafr tperations expenses Premuims paid Awards ether than premuims Advertising & Prom~titnal Entertainment Judging exhibits Superintendents & Assist. P~lice Administrative Exp Insurances Audit General Fair expenses Sub tttal OTHER DISBURSEMENTS: NON fair Maintenence & Lablr Transfer tl savings Sub total Total Disbursements Fund balance end of year 3,700.25 507.92 1,782.73 75.oo 1,658.92 75.oo 1ll4.75 2,587.07 663.63 97.00 2,700.68 1,274.00 _ 1 3,755.~.17 14,022.95 1,691 .15 28~729.~.7 30.420,62 29,052.12 1,368.5o ' 5-6-80 CITY OF MOUND Mound, Minnesota May 1, 19RO INFORMATION MEMORANDUM NO. 80-42 SUBJECT: Police Union Contract Request Attached is a request from the Police Union for 1981 salary, etc. The report attached shows what other Cities are paying in relation to Mound. Details on what other fringe benefits are being paid is to come to us and a report will be made at that time. Does the Council have any guideline to suggest? LeOnard L. Kopp MINNESOTA TEAI RS P[JBL[ & LAW ENFORCEME] EMPLOYEES UNION' LOt]AL 1 0. 320 INTERNATIONAL BROTHERHOOD OF T~MSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF 3~1 UnJveisJ~ Avenue S.E.- Minnea~lis, Minnesota 55~l~ -- Phone [~12) 331-3873 April 22, 1980 Mr. Leonard L. Kopp City Manager 5341Maywood Road Mound, MN 55364 RE: 1981 Police Contract Dear Mr. Kopp: The following demands are submitted to you on behalf of our membership employed by the City of Mound Police Department: 1. Wages: 18% increase on all rates. A. Longevity: 3% after 5 years 5% after 7 years 7% after 11 years 9% after 15 years 2. Uniforms: $300 cash per year. 3. Classification: Persons assigned as Investigator shall receive $125 per month over top patrol. 4. Holidays: twelve (12) total, with cash or comp time off option. 5. Vacation: 0 - 5 years After 5 years After 10 years After 15 years After 20 years 12 days 15 days 20 days 25 days 1 additional day each year to a maximum of 30 days 6. H&A, Life, Dental, Long Term Disability Insurance: Employer to pay full premium for employee and dependents. All other items to remain as currently in effect. The Union reserves the right to add, delete and/or modify its demands during the course of negotiations. If you have any questions, please contact this office. Sincerely, TEAMSTERS LOCAL NO. 320 Business Agent 1980 MONTHLY WAGE RATE FOR TOP PATROL Community Anoka Apple Valley Blaine Bloomington Brooklyn Center Brooklyn Park Burnsville Champlin Chaska Columbia Heights Cottage Grove Coon Rapids Crystal Dayton Deephaven Eagan Eden Prairie Edina Farmington Forest Lake Fridley Golden Valley Hastings Hopkins Inver Grove Heights Lakeville Lino Lakes Maple Grove Maplewood Mendota Heights Wage Rate* Not Settled Not Determined $ 1750.00 See Footnote2 1750.00 1750.00 Not Settled Not Settled Not Settled 1750.00 1699.00 1750.00 1750.00 Not Settled 1725.00 See Footnote3 Not Determined 1750.00 1650.00 1728.00 1750.00 Not Settled Not Settled 1750.00 Not Settled Not Settled 1601.00= Not Settled 1750.00 1750.00 Community Minneapolis Minnetonka Mound Mounds View New Brighton'. New Hope North St. Paul Oakdale Orono Plymouth Prior Lake Ramsey Richfield Robbinsdale Rosemount Roseville St. Anthony St. Louis Park St. Paul St. Paul Park Savage Shakopee Spring Lake Park Stillwater South St. Paul Wayzata West St. Paul White Bear Lake Woodbury Wage Rate* $ 1922.00 Not Settled 1795.09 1750.00 1750.00 1750.00 '1750.00 See Footnote5 1725.00 1750.00 See Footnote6 Not Determined Not Settled 1750.00 Not Settled 1750.00 Not Settled 1750.00 Not Settled Not Settled Not Settled 7 See Footnote Not Settled 5 See Footnote Not Settled 1730.00 1750.00 1750.00 Not Settled *Rounded to nearest dollar lIncludes all Stanton Group III, V, and VI Cities of 4,000 and over which have their own police departments. 2Bloomington: 1980 Monthly Wage Rate based on CPI Oct'79 minus Oct'78 3Eagan: 4Lino Lakes: 50akdale & Stillwater: 6prior Lake: 7Shakopee: for Ail Urban Consumers for Mpls-St. Paul, divided by latter index; such quotient -x- .8, applied to Step 4. 1980 Monthly Wage Rate = 6% plus 75% of CPI (Dec'78- Nov'79 for Mpls-St. Paul). As of 7/1/80 the top patrol wage rate will be $1676/mo. 1980 Monthly Wage Rate = 5% plus (Oakdale 80%) (Stillwater 85%' of difference)of CPI (Oct'78-Oct'79 for Mpls-St. PauD 1980 Monthly. Wage Rate = 5% plus 80% of difference, CPI, Oct-Oct to maximum of 9% or $1728.00. 1980 Monthly Wage Rate = 90% of Mpls-St. Paul CPI for Urban Wage Earners & Clerical Workers, All Items, Oct'78-Oct'79, to a maximum of 9%. ' 8THE AVERAGE MONTHLY WAGE RATE FOR THE 30 METROPOLITAN AREA CITIES INCLUDED FOR 1980 IS $ ..1744.0Q . 5-6-80' CITY OF MOUND Mound, Minnesota May 2, 1980 INFORMATION MEMORANDUM NO. 80-43 SUBJECT: Dock Refunds Attached is a list of refunds on dock permits. These will be listed with the bills. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 2, 1980 TO: FROM: SUBJECT: Leonard Kopp Dock Inspector Dock application refunds The following applicants qualify for refunds on dock permit for reasons given. Tom Eisler; 6016 Cherrywood Road Jim Farguharlon; 4613 Paisley Phil Keintz; 4937 Drummond Guy Milliren; 4855 Wilshire Blvd. Brad Olson; 4932 Drummond Richard Payne; 4739 Kildare Robert Itanson; 4544 Dorchester Greg Hoseth; 2146 Noble Ln. Julius Webster; 2066 Shorewood Ln. 12.50 Sharing 12.50 Sharing 12.50 Sharing 12.50 Sharing 12.50 Sharing 12.50 Sharing 25.00 Cancelled out 27.00 Cancelled out 25.00 Cancelled out 152.00 Respectfully, Don Rother Dock Inspector DR/jcn April 29, 1980 league of minnesota oities TO: All Members (c/o Mayors, Managers, Clerks) SUBJECT: 1981 Nominations for Board of Directors We, the Nominating Committee would like to request your advice in proposing candidates for the Board of Directors for the League of Minnesota Cities. The Board positions that expire June, 1980 are: Robert 2nderson, Councilmember,' Inter- national Falls; Walter Dziedzic, Alderman, Minneapolis; Harvey Lange, Mayor, Robbinsdale; Josephine Nunn, Mayor, Champlino Board member, Jerry Weyrens, Councilmember of St. Cloud has resigned effective April 15, 1980. His term would normally expire June of 1982. Therefore the Nominating Committee will also consider nominations for the seat being vacated by Jerry Weyrens. The officers of the League of Minnesota Cities, the President and Vice-President,-are elected annually. Those positions are now filled by: Mayor George Latimer of St. Paul as President. Mayor Latimer assumed the presidency in January of 1980, due to the resignation of D° Jo Black, Mayor of Hutchinson. Mayor Vaughn Thorfinnson, Vice-President assumed the vice-presidency in January, after Mayor Latimer assumed the presidency. The Nominating Committee will work with the guidelines for Board representation, which were developed as a result of the deliberations of past nominating committees. Those guidelines appear on the reverse side of this letter. Enclosed, also, is a listing of present board members and officers of the League. The Nominating Committee has scheduled a meeting for Wednesday, May 21 and it would be helpful to have your input. If you know of a city official who would be considered for nomination, please give his or her name and a brief resume cf qualifications to the League staff or us. This communication can be as informal as you wish, a phone call is all that is needed. Our goal is to make sure that any good candidate is considered. Whether or not to let an individual know that you are submitting his or her name, is, of course, up to you. The Nominating Committee, however, makes it a practice to confirm the fact that an individual is willing to serve before presenting his or her name to the Annual Conference. (OVER) . ~.~}:'~ ~'.,o~x:r~c~}~ buildi~].ci, 4~[3 o~:dar street, saint paul, minnesote 5~1 01 (~31 ~_-~] E?~[~]~}.~ ~61 Page 2 On behalf of the Nominating Committee, we wish to thank you in advance for your help and to assure you that all suggestions will be seriously considered. Sincerely, don Elam City Administrator Walnut Grove, Sanborn, Lucan, Wabasso, Milroy- Co-Chairman, Nominating Committee Josephine Nunn Mayor, Champlin Co-Chairman, Nominating Committee HMS:kgj Enclosure GUIDELINES 1o Geographic and Population Size Representation There has been a conscious effort to see that different parts of the state are represented on the Board, as well as the different sizes of cities that are among the League's constituency° 2~ Twin Cities Area/Outstate Balance While there are no specific seats on the Board reserved for Twin Cities area or outstate members, it has been a consistent practice to maintain a rough balance of Board members from these areas° 3o E!..ec.ted/Appointed Balance Traditionally both elected and appointed municipal officials have participated in all aspects of the League's activities, including membership in the Board of Directors. Although no specific number of seats on the Board are reserved for elected as distinct from appointed officials, it has been a consistent practice to have a majority of the Board composed of elected officials. Furthermore, there has been some effort to provide an opportunity for a variety of appointed officials (eogo, clerks, city managers, attorneys, assessors, etc.) to serve on the Board. Rotation of Membership_ In view of the fact that the League has more than 750 member cities any individual who serves a full term on the Board is not normally considered for another Board term.> However, persons with Board experience are often considered as potential officers. BOARD OF DIRECTORS AND OFFICERS OF LEAGUE 1979-1980 Terms of Office President: ~,.e-,.Feoldellu Di rectors: Ex officio- George Latimer, Mayor, St. Paul Appointed to fill term of Black, Jan. 1980 Term expires June, 1980 Vaughn Thorfinnson, Mayor, Red Lake Falls Appointed to fill term of Latimer, Jan. 1980 Term expires June, 1980 Robert Anderson, Councilmember, International Falls Term expires June,. 1980 Nalter Dzidezic, Alderman, Minneapolis Tenet expires June, 1980 · Harvey Lange, Mayor, Robbinsdate Term expires June, 1980 Josephine Nunn, Mayor, Champlin Term expires June, 1980 John Fedo, Mayor, Duluth Appointed to fill term of Beaudin, Jan., 1980 ' Term expires June, 1981 Orvit Johnson, City-~M~nager, Mendota Heights Tenll expires June, 1981 Jom Elam, City Administrator., Wabasso, Milroy, Lucan, Sanborn, and Walnut Grove Term expires June, 198! Kenneth Yager,. Mayor, Minnetonka Term expires June, 1981 Sue Edel, Councilmember, Winona Term expires June, 1982 Bonita Carlson, Assistant City M~nager, Finance Director, Morris Term expires Ju. ne, 1982 William Jokela, Clerk-Administrator, Sandstone Term expires June, 1982 Gerald Weyrens, Councilmember, St. Cloud Term expires June, !982 David Hozza, Councilmember, St. Paul, President of Association of Metropolitan Municipalities, June 1979 Term expires June, 1980 Vacant - LMC iir~nediate Past President, June 1979 Term expires June, 1980 1200 on the AVENUE cordially invites you to its first annual meeting on Wednesday, May 14 at the Hopkins House, Highway 7, Hopkins, Minnesota. 'Cocktail and Social Hour 7:00 - 8:00 PM. Cash bar. Meeting 8:00 PM featuring panel discussion on "Future Services for the Mentally Handicapped Person in the Western Suburbs". RSVP 935-1201 1200 on the AVENUE 1200 Excelsior Ave. Hopkins, M inn. 55343 Honorable Mayor of Mound and Councilpersons 5341 Manhood Road Mound, Minnesota 55364 CITY OF HOUND Hound ^dvisory Park Commiss Meeting of 4-i0-80 Present: Chairman Hal Larson, Cathy Bailey, Edward Hasek and Jon Lyno~t, Chris Bollis from Staff, Gordon Swenson, Council Rep. and Jac~ie Meyer, Summer Recreat- ion Director and secretary Oe Laney. The Meeting was Galled to order by Chmn L~rson. Minutes of Meeting of March 13th were presented for approval. Motion by Hasek seconded by Lynott 'to accept the min- utes as written, unanimously approved. Minutes of meet'lng of March 27, 1980 Discussion Meeting were presented for approval. Lynott brought out that next to the last paragraph of page one was confusing, correct by deleting "tennis court". Should read, "Island Park would propose a shelter or pavilian for'use during inclement weather with possibility of this being built into hill to minimize any lOss of park area and possible construction of a tennis court in this park." Motion by Has'ek seconded by Bailey to accept the minutes as corrected. Unanimously approved. Jackie Meyer, Summer Recreational Director requested information from Commission as to where the summer programs are to beheld? Completion of work in Three Points Park has eliminated this park from the recreation area for this summer. Programs will be supervised and held at Brookton Paris, with a soccer program, Tyrone Park and Highlands Park. The hours will be from 6:00 to 9:00 P.M. Monday, Tuesday, Wednesday, Thursday. Will consist of an 8 week program beginning Monday, June 9th and terminate on August 31, 1980. Bailey requested that Jackie be placed on the mailing list for information and activ- ities that Minnesota Recreational Park Assn. distributes. Bollis said that he would take care of this. Soccer Program was discussed, the Mound League will consist of 6 parks competing with games held at the Downtown'Park located behind the Old High School. Bailey suggestcd that a Reminder Notice be distributed through the schools with information on Mound's FREE Summer Program. It wasagreed the last week of school, would be the most effec- t~ge tim~ for this notice. Gordon Swenson, Council Rep. informed the Commission that Council passed their recom- mendation regarding Mound Bay Park improvements for the upcoming Law Con grant. Stated 'that signs around Island Park had been removed and would like to see the Park Regulations signs posted conspiciously. Brought out the fact that manhole covers in Island Park baseball field should not be in line of running when they layout the field as someone could physically harm themselves while playing a game. Chris Bollis, Park Director informed the Commission he had been working with the City Planner with regard to the HUD money available. Planner has already worked up an outline that is a concept of the site drawing of Mound Bay Park. This. indicates the relocating of Tot Lot equipment from the area by roadway to nearer the building. This concept is needed with the application for the Law Con Grant application. They request only a concept of what is proposed with no details as to equipment etc. Recreational Committee, Cathy Bailey raised the question of whether the City is to have "Mound Days" if so, when it will be held and where. Would like to see it held at Hound Bay Park. Mound Advisory Park ission Meeting of 4-10-80' page two Trails Committee, ion Lynott informed the commission that the Bike Hike trails of the past are not proving usable 'in 'Spring, they have an accumulation of gravel, sand and water and cannot be identified. Suggested that future trails be higher than the road and self draining. It was suggested'that the City follow the Federal guidelines for trails. %~ould like to see a definite type of div'ider for trails that would leave no doubt.' as to what part was used for trails or Bike/Hike and the remaining portion for motorized traffic. This could possibly be accomplished by a raised berm or. divider. Hasek requested that Staff investigate ordinance regarding motorized vehicles on Bike Trails and sidewalks and that this information be distributed to Committee fgr use at the June 26th meeting. Long Range Planning Committee, Larson mentioned discrepancies inthe Working Draft submitted by Chuck Reisenberg on Mound Parks Plan. Requested that all Commission members bring their copies forthe meeting of 4-24-80 to update, correct and possibly revise some of the contents. Also stressed they will need a 35 MM slide projector at this time. There being no further business, motion by Lynott seconded by Hasek to adjourn until the next scheduled Discussion Meeting of 4-24-80. Unanimously approved. djd .,; -~.- ~ . '~,, : ?. BOARD OF HENNEPIN CouNTy COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 Leonard L. Kopp, Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: PHONE 348-3080 ; I know that you have been following with interest the discussions concerning the designation of a Community Action Agency to serve suburban and rural Hennepin County. I thought it would be appropriate to share with you the latest information concerning the progress of these discussions. Following the public-hearing held in December, there were a number of further discussions held by the Board to consider the various options for organizational structure and other related issues. While we did not reach consensus on how we might best proceed, there has been a continuing process of dialogue with the human services councils, municipal officials and staff. In the midst of our internal activities, however, an action was taken by the regional office of the Community Services Administration which impacts our consideration of the designation of the Community Action Agency. On March 1, 1980, the Community Services Administration regional office issued a special memorandum concerning fiscal year 1980 funding for community action agencies. The material issued by the regional office discussed the regional priorities for the use of local initiative funds, those federal dollars which support the administration of a community action agency. Based on the guidelines, it appears very unlikely that a suburban/rural co~lunit.v action agency in Hennepin County would be funded. It, therefore, appears that the development of a CAA must be postponed indefinitely. The Office of Planning and Development will continue to monitor the availability of funding for community action agencies in fiscal year 1981 in case local initiative funds again become available. The Board of Hennepin County Commissioners appreciates the work done by citizens, the suburban human services councils, municipal officials and staff in examining the need for and developing strategies to establish a community action agency to serve the poor and near poor in the suburban and rural areas of the County. The Board continues to be concerned about the needs of the poor and the near poor and will endeavor to find other avenues to address their needs. Again, thank you for your continuing interest in this important issue. Sincerely, Q..), ," /; 0; .,.; ::'-. ,,.,..~....~.~.<_~,.. -", ,.. ;..,.. ~' . ~- ~ / ~' ....~-~- -- ~. ,.-- ...... /' Nancy Olkon, Chair Board of .flennepin County Commissioners H£~E~T P. LEFLER CURTIS A. PEARSON J. DENNIS O'BR~E~ JOHN E. DRAWZ DAVID J. KENNEDY ~IOHN B. DEAN LAW OFFICES L,:'FEVERE, LEFLER, PEARSON. O' BRIEN & DRAWZ I100 FIRST NATIONAL BANK .BUILDING MINNEA'POLIS, MINNESOTA 55402 TELEPHONE (612) 333-05~3 April 29, 19 80 RICHARD J. $CHIEFFEI~ Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Open Meeting Law Dear Len: I am enclosing herewith a news release and copy of an opinion from Attorney General Warren Spannaus regarding the open meeting law. I recommend that you transmit copies .of this to the Mayor and Council. The Council should be aware that they can be accused, and will be in violation of the open meeting law if two members of the Council meet and discuss City business away from the council table. The opinion does indicate that you may. transmit information to them and_ this is probably not a violation even if you talk to each of the individuals, but in effect they are saying that you should, not talk to two or more members together outside the council chambers and if they deliberate in any sense there is a violation of the open meeting law. It is my feeling that the Attorney General has interpreted this law in a very literal sense and has given it a strict interpretation, but that is his position and one which we will have to live with. C-urtis A. Pearson City Attorney CAP: ms Enclosure ~O~VFI~E OF ATTORNEY GENERAL WARF~EN SPANNAUS · Opinion Division 102 State capitol Saint Paul, Minnesota · 296-6196 OPINION. SYNOPSIS .I nzn~e diate R~.lease 1 23, 1980 Attorney General Warren Spannaus, in an opinion issued today, said that it is not necessarily a violation of the Minnesota Open Meeting Law for more than one city cotnncil member to receive information from the city manager outside a public meeting of the council. Spannaus indicated, however~ that in most circumstances it would be more appropriate for the manager to report to the council at a -~ meeting of the body. The Attorney General also cautioned that a violation might be found if information privately acquired by individual council members forms ~J]e basis for later cotu~cil action without being disclosed in public deliberations. Spannaus was asked whether a violatio~ of the Open Meeting Law occurred when a city manager telephoned some members of the city co~n~cil to say that he was not going to follow a council directive which he be- lieved to be beyond the council's authority. Spannaus noted that a 1978 Attorney General's opinion concluded that it is not a violation of tJ~e Open ~eting Law for a singl~ ~ity council me~'~er to discuss city. business with a person not on the council. While noting that the conveyance of inforn~%tion to more than one council member raises additional problems, Spannaus concluded in his opinion, as in ~_he 1978 opinion, that a violation of the Open 'Meeting Law will no% bm found without either some joint activity or comm,lnication among council members. To decide othez~¢~ise, Spannaus said, would cremate a rule pro- hibiting a councilman from receiving any information which had been, or '~would later be, given ~o another council member. Spannaus also noted that Minnesota law concerning city managers implies that individual council m~n~.rs may seek and receive information from tJ]e city manager. 0['~',' ~.~EI']TZNG LAW: MI!NZCI?AL ~ ~ ~' ' -' '' ' COU,.4CIL: to~mmunlcarlen be'~we, en. ci%y manager and individual ~ouncJ! mambe~-~ J.s not a per se violation April 22, 1980 Vance B. Grannis, Esq. Burnsville City Attorney 403 Northwestern National Bank Building 161 North Concord Street South St. Paul, Minnesota 55075 47!-e (Ct Re~ · -'.. 63a-5) Dear Mr. Grann.is ..' In your letter to .-~-~.~v' - ........ ~ ,~u~=~......, u:er. eru.~ Warren ~panna~.s y()u preserlt substantially the following FACTS Burnsville is plan "B" form of government with a city manager. The city has a Public safety Department in which officers function as both police officers and fire fighters. In the past officers ]]ave been assigned to fire suppression teams for a period of time anal then transferred back to police duties. At a ppJ)].ic meeting on July 2, 1979 the ~.ity council authorizer.] tile city manager to fill hhree positions for Public Safety sergeant. The council and the city manager also determined that three Public Safety sergeants would be assigned on a non-rotating basis to firefighting duties. Under the public safety concept that exists in Burnsville all officers are sworn peace officers and even though assigned to fire duties, could if the need arose be called upon to perform services as a police officer. The sergeants who would be assigned to the non-rotating duties could be existing' sergeants, the three new sergeants or a combination of the two. It was contemplated, however, that the three new s(~rge- ants would probably end up with the non-rotati~!g fire duty. Subsequently on Augus't 6, 1979 the council informally indi- cated · that the sergeant applica:-lt:~ shou?~d be given the right to take either a fire test or a police f. est but that they wou].d not be required to take bo'th. The manager initially agreed to do what tile coun c~! requested. After the meetin(.~ the manager concluded that th~ informal directive was wrong because he believed that the council, contrary to S 412.601, et seq. was interf~ring with the manag:;;r's judgment in selecting employee:.~ and becau.~e under the public safety Vance B. Grannis, Esq. - 2 April 22, 1980 concept all o~ficers, no matter what their -assignments, are sworn [~oace officers and have to be qu;-t!ified as such. The a~ten..-~ ~u~ to phone each member of the council to manager "' '~:~" inform them th.a-h he wouldr,'~'~ be fo!lo%~;ing their informal directive. However, he was unable to reach one member the counc.il and hh~ mayor. The manag~.r and the three council members who v~ere contacted all state that the phone conver- sations only cons ..... =~ o~ the manager's informing the council members of his opinion, on the leg~lity of tile informal directive and that he would not follow i%. He neither sought nor obtained their approval. You then ask substantially the following QUESTION Do the actions described ~ ~+ con:.~u-uu.e a violation of t~he Minnesota Open ;~tzng Law? OP I N i ON ! should note initially that it. is not the function of this office, by way of opinion, to determine whether a particular person or persons have violated a specific law, or should be subjected to penalties ~unct!on is left to the courts (See Minn. ~herefor since that = ' . Stat. § 47]..705, subd. 2 as respects to the Open Meeting law itself. Neither do we undertake t:o determine factual questions. Se___~e Op. Atty. Cert. 629a, May 9, 1975.) Thus it is not appropriate for us to conduct a factual inquiry based upon records of the city or othe~.~ise in an effort to determine whether a vJ.olation of the Open Meeting law has occurred iii fact. Rather, our.' opinions undertake to respond to a legal question based upon the facts presented. In our view, the legal question posed by your request may be an:;wered by apl~'lication of the principles discussed in Op. Atty. Gen. 471-e, ~ay 23, 1978 wherein we concluded th. at a discussion between one men~er of a .qoverning body and a non-memJser would not ~ ' Ac~. We stated that, in our in itself constitute a viol. etlon of the ~ ~ - 3 April 22, 1980 ',;i~aw, some discussion or deliberation or other joint activity between or among menfuers of the same body must ordinarily occur before any violation of the open meeting law could be found. To hold othe~;ise would virtually ls~=.uu~ meu~ers of governing bodies from both their const, ituents and from govern~ntal activities which they are expected to understand. We do not believe theft the open meeting law is intended to prevent an individ, ual member of ao-,u,,v,_~n~ng~ '- ~ body from receiving information about government affairs, necessary for the performance of his duties, from sources other than me~er~ of the body, itself. Certainly a council, member must be accessible to co~'~ents and suggestions f['c)m constituents. Also, a council men~er must be~.~b].,_' r~ to obtain information from other government officials who are not council me,ers, in formulatinu nls own preliminary v~ews on issues Confronting the city. 1/ Since the city' manager 'is not a lneH~)e:L~ of the council~- a co~mnunication by the manager to one member fslls squarely within this prior opinion. TI~,'~ situation here is somewhat '=~ ~,-~ · .- dl .....e..t~nt in ~t.~.~ it appears that at least three members of the councJ_l were ~;ontactc~d separately by the city manager. It could be az'gu, ed that the co~nmuni= cation by khe manac~er~ to each of three council members would con=tztu~e'- '--~ a violation of the open meeting law in light of our s~atement in Op. Atty. P ~ lq74 Chat: .~e.~. 63-A-5, Oct. 28, ..... (.o.,,~x.l members may deliberate on govern~x,,nta], business in different ways, such as by exchanging viewa m,,oi.g themselves or by. receiving ..'c,'~-t.)ort'{- . 'or statements o.f fact or opinion from consultants, adc~inistrators,, employees or {;~ri'vatm citizens wl-to appear at cokl~lcil sossJ, oIls. ._.--See Ninn. Stat. (3 4i2.651 s~d. 5 (1978) the m,lnager attends council meetings and participates ip, discussion but hays no vote. ~:°~'~ - 4 £:pri! 22, 1%0 Vance B. Grannis, ~. tez ..... n.~:.d in Op. Atty. Gen. ,1.71-e, Oct. 28, On the same day we de 1974, that ac¢_~uisitiicn by ttie council, of repr3rts a~'ld points of view tutes a deliberation of the council within ~.he ambit of the open meeting law. However~ %~;e dc not construe those opinions to say that a violation of the open meeting occurs whenever a member of a govern- ing body acquires facts, inform~tion or vi~w~ conce~;ning city business from a sourc,~ outside a public meeting of the body. ,Phe facts presented ., ..... ~ ....te that ~-) '~',~ ,-ii members %~ere gathered in the two 1974 opinions together for the '~ ...... , ~u~.poo= of receiving and to a ce~-t;~in exte~t~ excha.ng- ~ ~ .~d persons. In Op. Atty. ing views u~n the re[~rts or ~" ~ the facts dealt witl'] the rece~p~ of inform- Gen. 471-e, May 23, 1.~,g, ation by a single council member. ?he is:;ue here fails bet%~een these two. I.e~, informa'tion is conveyed separately t%o a n'~mber of co~nci! members, but wJ. thout any concerted activi, ty on ~ ..... l~..~t of the ~%embers n~or any intentional exchan:~e of communications amonq thc. rn directly cr ~.n(lirectly. While there may be policy arguments for reaching a contrary con- clusion, it is our view t. hat a vlo.~.atlo~ of the open m.e~tJ, nc[ law would not be found absent some form of concerted activity or communication between, or among, more than o~]e me~er of a bo~ll, covered by the Act. You do not ind'- .... 1,~a=c any discu;~sion o~3 e"c-'har',ca of views among members of the council either directly or throuqh 'the nlanag...r. Your facts indicate only that t]Je city manager con%.acte~ ncm(~ nl:~mbers of hhe council in~lividually concerning an action he was ,.[o:[~lg to take. Thus, those members were informed of an event which ~',~%,',~ ....... ~,, occtlrrecl ' Vance B. Gran]',is~ E:;q, - 5 April. 22, 1980 . .~.~% ......... knowledqe. To find a violation of the open meeting law upon the facts you describe would, in our view, require establishment of a r61e which would preclude a person from giving information to more than one menO)er of a gow~rning body outside a meeting of a body. On such a theo~], a coma~tunication concerning city business from any ~ n~m~-~ of a city council would source received by mor~, than one ....... automatically result in a violation of the open ,=~- m ....=ing law On such . h ..... ~e f in danger a standard, a member of a ~o~urning body could flnd of unwittingly,..= violating the open ~[eeting. . law each time he rea,'~s .... a letter or answers his '~" ~-' ~ .~ t.~le~)~lo~l,, if it turns out that the information received has also been conveved to another "~ "~ ~ _ m~2~.~D~r or may be conveyed to anothur member in ~he future. As we indicated in Op. Atty. Gen. 471-e, May 23, 1978, however, it is not the purpose of the open meetin9 law to isolate individual members of governing bodic~ from information from citizens or other government officials. Neither is the law int. onded to ensnare unwitting public servants in unintended violations. Therefore, the fact that a number of council members each learn, independently, o~ ~-,~"~...,,~ inEormation pertinent to city legislative or administrative business should nok wi~hout, more constJ, t:~te a viola- tion of the open meeting ]a%~/. To rule otherwise would virtually eliminate the ability of menhbers of l~,~3].ic bodies to 2/ n..r._ the t,,.~.~3 ~.'-: actin~ i~ a cluasi--judicial capacity, however, additional.;, questions may ar~.~zo conccunin,]. ~:.: parte cor~t,~t~',,~ '" ~uk- side of the formal prcceedings ",:.,'. e ,~., An n~ r~ ].g Af,R 2d 55 Vance B. Grannis, Esq. - 6 April 22, 1980 or to receive any information outside the often crowded agenda of a meeting concerning the affairs they are to govern. While we feel that, in most circumstances it would be more appro- priate for the manager to report matters he deems important to the council at the council meeting, and while we don't necessarily endorse the action of the manager here, it is our view that it is not a ~_~ ~e violation of the Act for one or mo~e council members independently · 3/ to learn facts concerning city affairs from the city manager. Any council deliberation or other action based upon those facts, however, must still occur at a public meeting pursuant 'to Minn. Stat. ~ 471.705 4/ unless an exception applie~,~ Furthermore, we affirm the proposition Minn. Stat. ~ '412.661 (19'78) appears to recognize tha~ members of the council will from time to time seek and.. receive info~n~- ation concerning the administration of city affairs from the manager and indeed specifies the manager as t!%~ appropriate official with whom council members should deal: Except for the purpose of inquiry, the council and its members shall deal with and control the administr--~- tire service solely through the manager, and neither the council nor any of its members sh~ll give orders to any subordinate of the manager, either, publicly or privately. (emphasis added). We do not rule out the possibility that a violation, might be found to occur if a subsequent action of the council was based upon important information privately acquired by the members 'individually and not disclosed in public deliberations. See also, Op. Atty. G~.n. 471-e, May 23~ 1978, ~'herein we cautioned that it is our view, for example, that a discussion of council matters or the exchange of views among men~b~rs of a given body, through a series of meetings bet%~een individual members and a nonme.~er could be found to contravene the open meeting law notwithstanding that the discussion was held ti:rough an intermediary rather than face-to-face. Vance B. Grannis, Esq. - 7 April 22, 1980 expressed in Ops. Atty. Gen. 63-A-5 and 47!-e, Oct. 28,~ 1974, that a gathering of members for t~he purpose of receiv_in__.q, reports and co~uments b____~v noijm~embers is required to be open to the public. Y~urs very tr~:ly, ~.~.~.R].EN SPANNAUS G..n~ral Attorney '~, ~ WS: KER: bw KENNETH E. FJ~SCHKE, JR. Assishant Attorney General Pub1 lc Sm"'vice Cnmrnissinner Sassev11'le Ken Ntcholai..~k(,..~ ~ S Oral Armiment Ouestion On April 23, 19R(1, durinq Oral Argument in the current Continental case, Dock Docket No. P 407 / ~p-79-500, )~r. Ntcholai was asked if the standard deviation, 3.91%, appearing in the colt~n headed "Hean" could be used with the mean' value of the column, 12.04%, to make a prnhabilistic statement concerninm [he ~an. The reference is Schedule 47 - RES. Apparently there :.~as a dtfficult.v in the'reception of the m~estion'and the answer, for :'r. ,qichnlai indicated he would respond in ~-~ritine. The answer to .the question is "no". as Hr. Simmons told :.tr. f, licholai at the time. ~ The standard error of the ~ean ~.muld ho necessary to r~al'e a probabi~istic statement concerntnq ~'. The standard error of the mean ~s not the standard deviation of a statistic. In the matter here, the standard error of the mean equals the standard deviation divided by the square root of the sample s~ze. 5.74 is the square root of 33. : .~ Therefore, the standard error of the i-m. an ~s 3.01% ! 5.74 = .~,~% and, for example, one could say with the prohahilfty of approximately .F,e that the popula- tion mean, the parametric mean equals the mean + ~6R% 11.36.% to 12, 6~ 12.04% + .~,~-. , ~ And if the nu~s~ion arises, the standard error of the ~.an ~s not ge..nerally equal to the standard error of the median. Oral Ar~,.~ent Question /~pr~l 74, lg~,o Pa~e Two I,ir. Simmons considers the data in Schedule 47 to be sample data, for history has thrown up the values there and would not or will not necessarily recapitulate. Also, unlike the euestton, his testimony does not involve explicit use of inferential statistics. /la City of Mound Mound, Minnesota April 25, 1980 INFORMATION MEMORANDUM NO. 80-38 SUBJECT: Ice Arena Some of the Hockey Boosters will probably be talking to the Council about the Ice Arena they are proposing. Section 471.191 of the State Statutes (copy attached) covers what the City can do. Lednard L. Kopp , 59Y, 3 RIGHTS, POI,VERS. DUTIES; SEVERAL POLITICAL SUBDIVISIONS 471.18 471.04 [ Repealed, 1976 c 44 s 70 ] -.- 471 ~6 [ Repealed, 1976 c 44 s 70 ] 471.07 [ Repealed, 1976 c 44 s 70 ] 471.08 [ Repealed, 1976 c 44 s 70 ] 471.09 [ Repealed, 1976 c 44 s 70 ] 471.10 [ Repealed, 1976 c 44 s 70 ] 471.11 [ Repealed, 1976 c 44 s 70 ] 471.12 [ Repealed, 1976 c 44 s 70 ] 471.13 [ Repealed, 1976 c 44 s 70 ] 471.14 [ Repealed, 1976 c 44 s 70 ] 471.I5 RECREATIONAL FACILITIES. Any city or any town, county, school district, or any board thereof, or any incorporated post of the American Legion or any other incorporated veterans' organization, may expend not to exceed $800 in any one year, for the purchase of awards and trophies and may operate a program of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other rec- reational facilities, including an outdoor or indoor swimrrfing pool; and expend funds for the operation of such program pursuant to the provisions of sections 471.15 to 471.19. Any such city, town, county or school district may issue bonds pursuant to chapter 475 for the purpose of carry/ng out the powers granted by this section. [ 1937 c 233 s 1; 1945 c 396 s 1; I957 c I17 s I; 1957 c 372 s I; I973 c 123 art 5 s 7 ] (193Z-Sa) 471.16 MAY ACT INDEPENDENTLY OR COOPERATIVELY. Subdivision 1. Any city, ho~vever organized, or any town, county, schoo| district, or any board ihereof, or any incorporated post of the American Legion or any other incorporated veterans' organization, may operate such a program independently, or they may coop- erate among themselves or with any nonprofit organization in its cond~,~t and in any · manner in which they m~.y mutually agree; or they may delegate the operation of the program to a recreation board created by one or more of them, and aPpropriate money voted for this purpose to such board which may in turn support or cooperate with a nonprofit organization. In the case of school districts after May 15, 1978, the right to enter into such agreements with any other corporation, board or body herein- before designated where bonds are issued by the other party and revenue pledged for bonds issued pursuant to section 471.191, shall be authorized only upon obtaining the approval of a majority of the electors voting on the question at a regular or special school election. Subd. 2. Notwithstanding the provisiorrs of section 471.15, any county may levy a tax to provide funds for the establishment or operation of recreational facilities or programs for senior citizens either by such county or by any municipality, governmen- tal subdivision, school district or other organization er entity referred to in subdivision 1. [ 1937c233 s2; 1945c396s2; 1957c 17s 1; 1957c499; 1957c495s 1; 1971 c 803 s I; 1973 c 123 art 5 s 7; 1973 c 583 s 33; 1978 c 764 s 125 ] (1933-9b) 471.17 LOCATION OF ACTIVITIES. Any corporation, board, or body hereinbe- fore designated given charge of the recreation program is authorized to conduct its tivities on: (1) property under its'custody and management; {2) other public property under the custody of any other public corporation, body, or board, with the consent of such corporations, bodies, or boards; (3) private property, with the consent of its owners; and (4) shall have authority to accept gifts and bequests for the benefit of the recrea- tional sen'ice and employ directors and instructors of recreational work. [ 1937 c 233 s 3 ] (1933-90 471.18 STATE BOARD OF EDUCATION TO ESTABIISH QUALIFICATIONS. In all cases where school fl~nds or property are utilized, the state board of education shall: 471.19 RIGHTS, POWERS, DUTIES; SEVERAL POLITICAL SUBDIVISIONS 5924 (1) Establish minimum qualifications of local recreational directors and instruc. tots; (2) Prepare or cause to be Prepared, published, and distributed adequate and ap- propriate manuals and other materials as it may deem necessary or suitable to carry out the provisions of sections 471.15 to 471.19. [ 1937 c 233 s 4 ] (1933-9d) 471.19 RECREATION PROGRAM TO BE FOR EDUCATION PURPOSES. The facilities of any school district, operating a recreation program pursuant to the provi- sions of sections 471.15 to 471.19 shall be used primarily for the purpose of conduct- ing the regular school curriculum and related activities and the use of school facilities for recreational purposes authorized by those sections shall be secondary. [ 1937 c 233 s 5 ] (1933-9e) 471.191 ACQUISITION OF FACILITIES. Subdivision 1. Any city operating a program of public recreation and playgrounds pursuant to sections 471.15 to 471.19 may acquire or lease, equip, and maintain land, buildings, and other recreational facili- ties, including, but without limitation, outdoor or indoor swimming pools, skating rinks and arenas, athletic fields, golf courses, marinas, concert halls, and facilities for other kinds of athletic or cultural participation, contests, and exhibitions, together with related automobile parking facilities as defined in section 459.14, and may ex- pend funds for the operation of such program and borrow and expend funds for capi- tal costs thereof pursuant to the provisions of this section. Any facilities to be oper- ated by a nonprofit corporation, as contemplated in section 471.16, may be leased to the corporation upon such rentals and for such term, not exceeding 30 years, and sub- ject to such other provisions as may be agreed; including but not limited to provisions (a) permitting the lessee, subject to whatever conditions are stated, to provide for the c6nstruction and equipment of the facilities by any means available to it and in the manner determined by it, without advertisement for bids as required for other munici- pal facilities, and (b) granting the lessee the option to renew the lease upon such con- ditions and rentals, or to purchase the facilities at such price, as may be agreed; pro- vided that (c) any such lease shall require the lessee to pay net rentals sufficient to pay the principal, interest, redemption premiums, and other expenses ~vhen due xvith respect to all bonds issued for the acquisition or betterment of the facilities, less such amount of taxes and special assessments, if any, as may become payable in any year of the term of the lease, on the land, building, or other facilities leased, and (d) no op- tion shall be granted to purchase the facilities at any time at a price less than the amount required to pay all principal and interest to become due on such bonds to the earliest date or dates on which they may be paid and redeemed, and all redemption premiums and other expenses of such payment and redemption. Subd. 2. Any such city may issue bonds pursuant to chapter 475, for the acquisi- tion and betterment of land, buildings, and facilities for the purpose of carrying out the powers granted by this section. Such bonds, unless authorized as general obliga- tions of the issuer pursuant to approval of the electors or pursuant to another law or charter provision permitting such issuance without an election, shall be payable solely from the income of land, buildings, and facilities used or useful for the operation of the program, but may be secured by a pledge to the bondholders, or to a trustee, of all income and revenues of whatsoever nature derived from any such land, buildings, and facilities, as a first charge on the gross revenues thereof to the extent necessary to pay the bonds and interest thereon when due and to accumulate and maintain an ad- ditional reserve for that purpose in an amount equal to the total amount of such pay- ments to become due in any fiscal year. In this event the governing body of the issuer may by resolution or trust indenture define the land, buildings, or facilities, the reve- nues of which are pledged, and establish covenants and agreements to be made by the issuer for the security of the bonds, including a covenant that the issuer will establish, maintain, revise when necessary, and collect charges for all services, products, use, and occupancy of the land, bnildings, and facilities, in the amounts and at the times required to produce the revenues pledged, and also sufficient, xvith any other funds appropriated by the governing body from time to time, to provide adequately for the operation and maintenance of the land, buildings, and facilities. From and after the is- suance of any bonds for which revenues are so pledged, the governing body of the is- suer shall n'ovide in its budget each year for any anticipated deficiency in the reve- 5935 RIGHTS, POXNERS, DUTIES;SEVERAL. POLITICAL SUBDIVISIONS 471.1911 nues available for such operation and maintenance. For this purpose any issuer other than a city of the first class may levy a tax of not more than two-thirds of one mill on the assessed valuation of all taxable property within its corporate limits, in excess of taxes which may otherwise be levied within legal and charter limitations, provided such excess levy is approved by a majority of its electors voting on such question at a regular or special election. The authority to levy additional taxes granted herein shall not apply to cities or towns in which the assessed valuation consists in part of iron ore or lands containing taconite or semi-taconite. Subd. 3. Any such city may acquire land, buildings, and facilities for the purpose of carrying out the powers granted by this section under a lease agreement for a term not exceeding 30 years, vesting title in the lessee upon the payment of all amounts due and the performance of all covenants thereunder, provided that the rentals under any such lease agreement shall be payable solely from the revenues of the leased property. The terms and conditions of the lease agreement shall be established by res- olution of the governing body of the lessee, and may include a pledge to the lessor of all income and revenues of whatsoever nature derived from the leased property, as a first charge on the gross revenues thereof to the extent necessary to pay the rentals when due, and a covenant that the lessee ~vill egtablish, maintain, revise when neces- sary, and collect charges for all service, products, use, and occupancy of the leased property in the amounts and at the times required to produce the revenues pledged, and also sufficient, with any other funds appropriated by the governing body from time to time. to provide adequately for the operation and maintenance of the property. From and after the executiou of any such lease agreement, the governing body of the lessee shall provide for any deficiencies in the revenues available for operation and maintenance, to the same extent and in the same manner as provided in subdivision 2. If such lease agreement is entered into with a nonprofit corporation as owner and les- sor, organized and existing under chapter 317 for the sole purpose of providing and leasing such land, buildings, and facilities for public use and of conveying the same to the lessee when all sums borrowed therefor have been repaid, such corporation shall be deemed to be a public corporation, agency, and instrumentality of the city, and ob- ligations incurred by it for this purpose, together with the interest on such obligations, shall be exempt from taxation to the same extent as obligations of the city. Any mort- gage or trust indenture executed by such corporation for the security of its obligations may provide for the segregation and payment of rentals and revenues of land, build- ings, and facilities directly by the lessee to the mortgagee or trustee, xvhether or not such mortgagee or trustee is in possession under foreclosure proceedings or other- wise, and the mortgage or trust indenture may be enforced by foreclosure and sale and by any other remedy at la~v or in equity which is available in the event of default in payment of amounts due and performance of covenants under any mortgage of real or personal property;, provided that no such mortgage or trust indenture shall impair the continued right of the lessee to the use and enjoyment of the land, buildings, and facilities so long as the lessee is not in defaul.t in the payment of rentals due and in the performance of covenants under the lease agreement. Subd. 4. Any and all properties acquired and used, xvhether under lease or other- wise, by a city for the purposes authorized and contemplated in this section shall be deemed and are declared to be public property exclusively used for a public purpose and as such exempt from taxation, so long as and to the extent that such property is devoted to said purposes and is not subleased to any private individual, association, or corporation in connection with a business conducted for profit, for a term of three or more years. An agreement whereby a city, as owner or lessee, employs a private indi- vidual, association, or corporation to operate facilities for use of the public, for the purposes herein contemplated and subject to regulation by the public owner or lessee, is not a sublease for the purpose of this subdivision. Subd. 5. All obligations issued by any city pursuant to this section are issued for the acquir;?.ion or betterment of revenue producing public conveniences and are pay- able wholl'~, from the income thereof, within the meaning of all provisions of chapter 470. The rentals payable under a lease and the secuntms ~ssued by the lessor pursuant to subdivision 3 are not obligations within the meaning of chapter 475. [ 1967 c 725 s 1; 1973 c 123 art 5 s 7; 1973 c 321 s I; 1973 c 773 s I ] 471.1911 VALIDA'InlON OF SCttOOL DISTRICT AGREEN1ENTS. Agreements entered into by school districts pursuant to the provisions of 471.15 to 471.191 or · 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 April 1980 TO: Local Government Officials The ~tropolStan ~--~p-to-da~'e..~ff-~he status of the Council,s "208" water ~anagement program. The meeting will be held Thursday, May 22, ~t 5 p.m. in the Metropolitan Council chambers,~etro Square B~dg., 7th and Robert Sts., St..Rau!~ T '5 2~Ya b~b-~,is the 'devel°p~enfiof a regional plan through which water pollution from diffuse, or "nonpoint," sources can be more effectively controlled. Runoff from croplands and urban areas, principally streets and parking lots, is the major source of nonpoint pollution. The focus of the May 22 session will be urban runoff and the potential impacts on local government of 208 planning. Data collected by the Metropolitan Council and other agencies make it' clear that attainment of the federal goal of making our lakes and rivers "swimmable and fishable"-by 1983 will be impossible if nonpoint pollution is not sharply curbed. At the same time, the development of a program to abate nonpoint pollution is, if anything, more difficult than controlling pollution from "point" sources, such as sewage treatment plants, factories, and other single-discharge facilities. The decisions that will be made through the 208 program are important to every citizen and every community in the Twin Cities Area. It is my hope that broad participation in the planning process can be attained. If you wish more information concerning the May 22 meeting or the Council's 208 planning program, please contact Gary 0berts of the Council's staff at 291-6484. Sincerely, Charles Weaver Chairman An Ag,~W/~oCt~d to Coordix~ate the Plauning a. nd I)evelopn~ent of thc Twin Cities WILLIAM R, KOENIG JAMES G. ROBIN PAUL CHAMBERLAIN Koenig & Robin ATTORNEYS AT LAg/ 2252 COMMERCE BLVD. MOUND. MINNESOTA 55364 April 23, 1980 City of Mound Administrative Office 5341Maywood Road Mound, Minnesota 55364 Attn: Leonard Kopp Re: R. J. SEGNER vs. CITY OF MOUND Dear Mr. Kopp: Following our telephone conference of April 22, Don David concerning the above referenced claim. ',. :PHONE 472-1060 ~/~>!!~ ARIZA CODE 612 \,,,~/ / -. / ~. ~ ~- 1980, I spokel~th' M~. David requested that I submit a written settlement offer to you with a copy to him. You are well aware of the facts surrounding this incident, so I will not elaborate on that portion. Essentially, Dr. Segner is claiming that the City of Mound, through its negligent, and/or willful and wanton refusal to clean out and keep open a water drainage culvert, caused damages to him, his office building, and his chiropractic practice in the total amount of $12,825.46. This damage figure is a very minimum figure, and is submitted at this time in an effort to achieve a speedy resolution of his claim. Many elements of compensatory damages have not been included and no amount for exemplary damages has been calculated. This settlement offer is being submitted in the best of faith in an effort to mend the rift which has developed between the City and Dr. Segner over this incident. It is my hope that the City and its insurance carrier will act with equal good faith and conciliatory attitudes. If the matter cannot be resolved and proceeds to suit, it will be a message to Dr. Segner that the City does not wish to adopt a conciliatory attitude and Dr. Segner will then seek his full measure of compensatory and exemplary damages. Attached hereto are exhibits showing the calculation of damages which have been included in arriving at Dr. Segner's settlement offer. Very truly yours, KOENIG & ROBIN James G. Robin JGR/jw encs. cc: Don David MINIMUM COHPENSATORY DAMAGES Flood Damage A. GENERAL CLEAN-UP OF PREMISES, EQUIPMEHT, INVENTORY AND FURNISHINGS: Richard J. Segner 50 hrs. @ $15.00 Janice Segner 50 hrs. @ $10.00 Marcie lO0 hrs. @ $ 3.00 Special cleaning charges for doors and panelling TOTAL GENERAL CLEAN-UP $ 750.00 500.00 300.00 160.00 $1,710.00 B. PERSONAL PROPERTY (Equipment, inventory, supplies, etc.) 1 neckbrace 5 lumbo-sacrat belts 1 rib belt 2 wrist and knee belts 2 weight bags 2 dozen gowns 2 dozen orthopedic heel lifts 1 black leather chair 2 cushioned leather chairs Doctor's bag Batteries for Cellimater 2 boxes cotton balls 1 box 14 x 17 x-ray film 1 traction unit Walnut veneered desk 2 14xl7 x-ray cassettes 1 14x17 x-ray cassettes ' Adjusting table Low Volt machine #SP2 Ultrasonic generator Cost A~ -~'~0 new 12.00 ea. new 7.00 new 7.00 ea. new 4.40 ea. new 75.00 per 2 yrs. 6.50 per new 200.00 18 yrs. 80.00 18 yrs. 25.00 18 yrs. 30.00 3 months 5.00 new 64.66 new 40.00 new 125.00 7 yrs. 90.00 ea. 18 yrs. 125.00 7 yrs. 700.00 18 yrs. 359.00 18 yrs. 415.00 18 yrs. Maple desk Walnut desk Walnut bookcase 8 wood chairs 2 metal chairs 2 metal cabinets (1) (1) 91.00 18 yrs. 400. O0 18 yrs. 180.00 18 yrs. 56.00 6 yrs. 40. O0 18 yrs. 25. O0 6 yrs. 50. O0 6 yrs. 125. O0 6 .vrs. reupholster reupholster replace replace replace reupholster replace repla6e to refinish or paint to restore 5.00 60.00 7.00 14.00 8.80 150.00 13.00 215.00 56.00 48.00 30.00 5.00 64.66 40.00 174.00 330.00 165.00 350.00 600.00 825.00 500.00. MINIMUM COMPENSATORY DAMAGES Page 2 2 end tables 1 maple end table 1 lqx36 x-ray cassette 2 doz. towels Cost Aqe 25.00 l0 yrs.) Refinish 45.00 16 yrs.) and redo 180.00 18 yrs. Replace 18.00 per 2 yrs. TOTAL - PERSOIIAL PROPERTY $ 108.00 365.00 ..36.00 $4,169.46 C. PAINTING AND STAIHING (Bid Attached) 1,116.00 D. RE-STUCCO (Bid Attached) 1,900.00 E. REMOVE AND REPLACE DAMAGED INSULATION (Oral Estimate Received) 2,000.00 PATIENT INCOME LOSS FRO!.I BUSINESS INTERRUPTION (Calculated at 93 patients below average for 3 week period @ $!0 ea.) 930.00 G. ADDITIONAL HEATING ENERGY COSTS (1978) 1,O00,Q,O TOTAL $12,825.46 Mibe "Inter, or ar~ Exterior Painting of All Kinds" WAYZATA, MINNESOTA I- JOHN E. DRAW7 (;Lr'NNE,PURDUE JAMES Cl. LARSON CHARLES L. L£FEVERE JEFFREY J. STRA~qD ?HOHA5 D.CREIGHTON Mr. Lyle Swanson McCombs-Knutson Associates 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 LAW OFFICES LF_.FEVERE. LEFLER, pEAR.5ON, O' BRIEN & DRAWZ HOO FIRST NATIONAL BANK BUILDING BROOKLYN CENTER OFFICES MINNEAPOLIS, MINNESOTA 55402 610 BROOKE)ALE TELEPHONE I612) 333~0543 2810 COUNTY ROAD I0 BROOKLYN CENTER, NIINNE$OTA ~54'30 April 24, 1980 5CHIEFFER Re: 1978 Street Improvements Thomas v. City of Mound Dear Ly le: I have had several conversations with Mr. Rooney who represents Mr. Thomas. It is apparent that at this time there is little chance of settling our differences on the basis of the proposal which we have made to Mr. Thomas. It therefore appears that the matter will go on to arbitration. It will be appreciated if you and Fred will assemble and keep a close control on all the files relating to the 1978 improvements. We will need all of that information when the matter is presented. to the arbiter. I am enclosing at this time a copy of Mr. Rooney's letter of April 23 wherein he is asking for an up-dated punch list, any additional work orders, and/or orders to Hard r ives to resume work. I think it is important that we move forward on this, and I hope Hardrives is at work so that we can clear up those 1978 improvements. We may then desire to again discuss settlement with Thomas. I would further ask that you review our current financial status with Thomas, giving me up-dated figures and descriptions as to what is going to be necessary to complete the work. I want you to take into account the liquidated damages as previously discussed and other matters. After you have made these calculations, I would like your best judgment as to whether we can recommend to the Mound City Council the release of $100,000 from the retainage. I believe it important for the City to be fair with Thomas and to pay to them an amount which we can consider safe, retaining an amount sufficient to cover all the City's costs and expenses. I would not like to have the city charged horrendou§ interest on these large sums of money, and therefore want to show to the arbiter or to any court who may eventually examine this whole proceeding that the City acted in a reasonable and fair manner. I have previously asked Mr. Rooney LEFEO~E, Mr. Lyle Swanson April 24, 198U LAW OFFICES LEFLER, PEARSON, O'BRIEI~ DRAWZ to give me 'a letter which would express a demand for these monies so that I would have something to present to the Council, and I do not feel that their failure to submit any request during ne~.otiations should be held against the City in any manner. I am sending copies of this material to Mr. Kopp and to .Mary Marske as well as she will have to be in a position to free up these assets if and when we make recommendations to the Council. I also ask that you direct to me at your earliest opportunity your' revised list concerning work orders, punch lists, etc. as requested in Mr. Rooney's letter of April 23. CAP: lh cc: Mr. Len Kopp Ms. .Mary Marske y truly yours, City Attorney, City of Mound THOMAS J. I~OONEY LAI~B.Y NElL,SON SHEAR & ROONEY, LTD. Att0meys at Law 1170 Northern Federal Building Sixth and Wahasha st. Paul, Minnesota 55102 Tckphone 224-3361 Area Code 612 O[ Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Horlda 33457 .April 14, 1980 Mr. Curti~ A. Pearson Attorney at Law 1100 First National Bank Building Minneapolis, Minnesota 55402 Dear Curt: As I indicated to you over.the phone I am unable to settle the claims of Thomas & Sons with the. deductions from the sums. earned under the contract that have been proposed. Please let me know wether or not.the City of Mound will releas,!~ the excess retainage that it is holding under the contract at this time. At least $100,000 is in this catgory.. Thank you. TJR/br Very truly yours, SHEAR & ROONEY,. LTD. Thomas J.~ Rooney THOMAS 1. ROONEY LARRY NEIL,SON Of Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach. Florida 33457 SHEAR & ROONEY, Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha st. Paul, Minnesota 55102 April 23, 1980 Telephone 224-3361 Area Code 612 Mr. Curtis A. Pearson Attorney at Law 1100 First National Bank Building Minneapolis, Minnesota 55402 Dear Mr. Pearson: Enclosed is a work order which you previously gave me. We would like to see copies of the work orders. Please request McCombs-Knutson to notify us of any updated punch lists, additional work orders, and orders for Hardrives to resume work. Also enclosed is a copy of the correspondence previously sent you regarding request for release of retainageo TJR/br Enc. Yours very truly, SHEAR & ROONEY, LTD. s. RoO_ E¥i ! . Minr, esofaPollutionControl ency NOTICE OF THE ADOPTION OE THE TOTAL SUSPENDED PARTICULATE CONTROL PLAN FOR THE TWIN CITIES SEVEN COUNTY METROPOLITAN AREA AND ADOPTION OF 6 MCAR SECTION 4.0033, STANDARD~ OF PERFORMANCE FOR COAL HANDLING FACILITIES NOTICE IS HEREBY GIVEN that the Minnesota Pollution Control Agency Board will consider adopting the total suspended particulate control plan for the Twin Cities seven county metropolitan area and will consider adopting 6 MCAR Section 4.0033, Standards of Performance for Coal Handling Facilities at its meeting on May 27, 1980, which begins at 9:00 a.m. at 1935 West County Road B2, Roseville, Minnesota 55113. The purpose of this State Implementation Plan revision is to ensure that air quality in the Twin Cities seven county metropolitan area meets federal ambient air quality standards for total suspended particulate by December 31, 1982. The plan revision contains a text describing the rationale for the control strategies and information concerning air quality. The total suspended particulate control strategy for the Twin Cities seven county metropolitan area consists of enforcement of existing rules as to point sources, control of industrial fugitive emissions through a new rule and enforcement policy, and a schedule to address nontraditional sources. The control strategy specifically includes the adoption of 6 MCAR Section 4.0033, Standards of Performance for Coal Handling Phone: .................... 1935 W~st County Road B2, Roseville, Minnesota 55113 Regional Offices · Dulu[h/Brainerd/Detroi! Lakes/Marshall/Rochester Equal Opportunity Employer ?/,, Facilities. This rule went to public hearing in the fall of 97~ and will also apply to International Falls and Duluth. Any additional comments on this proposed rule 'should be voiced as indicated in the meeting agenda since this item is separate from the control plan. Also, the Board will consider adopting a policy for the enforcement of 6 MCAR Section 4.0006, Preventing Particulate Matter from Becoming Air-Borne. This policy will help identify control measures for controlling fugitive emissions other than coal in International Falls, Duluth, and the Twin Cities area. Those interested in addressing the Board concerning these items or those who have questions regarding th'e control plan, rule, or the specific times they will be considered should contact Susan Wierman, of the Air Quality Division, Minnesota Pollution Control Agency at the above same address (Telephone: 612/296-7358). Copies of the proposed State Implementation Plan revisions are available for public review during regular business hours at the office of the Minnesota Pollution Control Agency, Division of Air Quality. In addition, ~ copy of these revisions may be obtained by contacting Marjorie Borchard, Minnesota Pollution Control Agency Public Information Office (Telephone: 612/296-7262). Dated this 23th day of April 1980. STATE OF MINNESOTA POLLUTION CONTROL AGENCY By Executiv% Direc%or A~ril 23, 1980 TO: league of minnesota cities r/! RE: Raising of Bond Interest Rates Today, April 23, Governor Quie signed the 1980 Omnibus Tax Bill which included legislation raising the allowable interest rate on municipal general obligation and revenue bonds from 7% to 12%, effective the day after enactment. Included within the municipal interest rate provisions are the following: The interest rate on special assessments pledged to the payment of bonds may be 1% above the maximum interest rate allowable on the bonds. The allowable amount for negotiable sale of bonds is raised from $100,000 to $200,000. The 12% limitation on municipal bonds will be reduced to 9% on January l, 1983 with a 9% limitation being imposed on industrial revenue bonds (presently without limitation) as of the same date. Other debt instruments, including tax anticipation certificates are included within adjusted interest rate limitations. An interim study on the entire bonding issue is expected to be conducted by the Legislature prior to the 1981 legislative session. DAS:cmt 4/23/80 minnesota department of health 717 s.e. delaware st. minneapolis ,55440 (612~ 296-5221 Ap~il 22, 1980 Dear Mm, gkinner~ It is a'p!easure to inform you that you.have passed the ~itten examination for water supply system operator, Class ~ . U0on receipt of the.SiS.00 certification fee and the eopy-~-~ thi~ letter: your application wfli be submitted to the certification Council for final approval. The certification fee should be made'payable to the State Treasurer, State of Minnesota and should be~maiied to: Section of water sUpply and General Engineering Minnesota Department of Health 717 S.E. Delaware STreet Minneapolis, Minnesota Your written examination is available'for your review up to 80 days after the date of the examination. If you would like to review the ex~nination for your o~,~ information, please feel free to csll Doug Mandy at 612/296-5525. You ame to be commended for the intemest you. have shown in the waterworks ~meld and the effort mama. to meet the requirements for certification. Yours very truly, · p v Chief Gary L Englund, .~.~ Section of Water Supply and General Engineering Metropolitan Pist-~ict an equal opportunity emoloyer ~,~ ¢/¢ April 15, 1980 TO' Mayors, Nanagers, Administrators and Clerks We cordially inv'ite ye~ to join your municipal colleagues from throughout the state at the League of ~4innesota Cities 1980 Annual Conference. As both the theme and attached program-in-brief indicates, conference delegates will be offered a variety of workshops an finding resources--human--physical--financial--economic development--along with the 'how-to's' of implementation. In addition, a variety of other interesting sessions ranging from personal productivity, stress and job satisfaction to a ~ock public hearing on special assessments, along with a full program on energy, 'are scheduled. Small Cities Day, a one-day session.included as part of the Annual Conference but designed primarily for officials from smaller cities who cannot or do not wish to attend the entire Conference, is scheduled for Friday, June 13. Although scheduled for Friday, delegates are encouraged to arrive Thursday in time to attend the annual mee~ing at 2:00 p.m. (at no additional registration fee) and to participate in the adoption of the LIqC's policies for the 1981 Legislative Session. Advance registration is requested, where possible, to provide us with attendance figures essential to making your Conference a success. Full Conference registration is $65 in advance, S70 at the Conference. Small Cities Day is $23 in advance, $28 at the Conference. ~'~n-~ Leacue'~ s enabling act (M.S. ~65.58, Subd. 1) permits the use of municipal funds to pay. for attendance at League meetings as well as Lea§ue dues. Enclosed you will find reservation forms for not only the Conference, but housing and spouses events as well We hope you'll be able to join us in Duluth at the Arena-Auditorium--an excellent conference facility and one of the favorite conference locations of our delegates-- for an informative full pro,ram designed with you in mind. .cerely, Donald A. Slater Executive Director DAS:cmt Encl · CITY OF MOUND Mound, Minnesota 5-6-80 April 18, 1980 INFORMATION MEMORANDUM NO. 80-37 SUBJECT: Cemetery Attached is a copy of a letter regarding the selling of cemetery lots back to the City. Cecelia Hennon also enclosed the deed. The lots were purchased in 1945 for $35.00. Per Section 5.035 of the Mound Code of Ordinance, Subdivision Prohibited, Transfer, Resale, Reassignment Restricted, states " ........ the City Council reserves the first option to repurchase the lot or fractional lot at the original sale price". If there is no objection, this will be listed on the bills for payment. We will buy the lots back for $35.00. cc: Cecelia Hennon City Clerk-Treasurer .~4 .zip ~-;_.~_ ~ 0 658 C~~ ~,Lvo_ San ~nto~Lo, 2X 78239 E MINNETONKA CONSERVATIO. N E: AGENDA 2. 3. 4. o Regular Meeting, 8 p.m., Wednesday, April 23, 1980 TONKABAY VILLAGE HALL 4901Manitou Road (County Road 19), Tonka Bay Call to Order Roll Call Minutes: March 26, 1980 Treasurer's Report A. Monthly Financial Report B. Bills committee Reports A. Water Structures & Environment COmmittee (1) 1980 Dock License Renewals (2) 1980 Dock License Public Hearing Reports (3) 1980 Dock Licenses: Public Hearing 4-16-80.Report (4) 1980 Dist. Mooring Area Permit: Windward Marine (5) Commercial Dock Service Structures Code Amendment (6) Boat Storage Density Review (7) Deicing Exemption Code Amendment (8) Environment: 1980 Dam.Management Plan (9) Other Lake Use Committee (1) Sp. Event Permit: 1980 Combined Lower Lake Race Schedule (2) " 1980 M.Y.C. Regattas (3) " 1980 U.L.M.Y.C. Race Schedule (4) " 1980 " Regattas (5) " Lord Fletcher's Sky Diving (6) Code Amendment: Black Lake "QW" (7) Public Hearing Report: Excelsior Bay "QW" (8) Food Sales on Lake (9) Ice Chunks & Frozen-in Buoys (.10) Fish Stocking & Seining (11) Water Patrol Report (12) Other Code Amendments: A. Deicing Permits Exemption for Dams (3rd reading) B. Fuel Dock Service Consoles (Ist reading) C. Private Club Reclassification (lst reading) D. Apartment Slip Rental (lst reading) E. Black Lake "QW" (lst reading) Other Business Adjournment 4-18-80 o LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL March 26, 1980 The regular meeting of the Lake Minnetonka Conservation District was called to order by Vice Chairman Bauman at 8 p.m., Wednesday, March 26, 1980 at the Tonka Bay Village Hall. CALL TO ORDER Members present: Jerry Johnson (Excelsior), Robert Brown (Greenwood), David Nixon (Laketown Township), David Boles (Minnetonka Beach), Donald Utrick* (Mound), William Keeler for Robert Naegele (Shorewood), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg (Victoria), and Robert MacNamara (Wayzata). Communities represented: Ten (10). *Arrived late. Hunt Moved, 'Johnson Seconded that the minutes of the February 27, 1980 meeting be approved. Motion, Ayes (9), Nays (0). ATTENDANCE MINUTES Hunt Moved, Nixon-Seconded, that the Treasurer's Report be approved. Motion, Ayes (9), Nays (0). Hunt Moved, MacNamara Seconded, that the bills be paid. Motion, Ayes (9), Nays (0). Hunt Moved, Johnson Seconded, that the 1979 Financial Statement be accepted, distributed and audit ordered. Motion, Ayes (9), Nays (0). TREASURER'S REPORT FINANCIAL STATEMENT WATER STRUCTURES & ENVIRO~rMENT COMMITTEE: Brown reported that the com- mittee reviewed the public hearing report for Lord Fletchers of the Lake PUBLIC H~RI involving relocation of some slips and the deletion_of one slip, and the~ REPORTS: committee recommended approval of the 1980 dock license. LORD FLET£ The committee reviewed the public hearing_report for Mai Tai Restaurant requesting 14 additional ~transient slips at the north end of their prop- erty. (Mai Tai indicated it is no longer interested in the use of the property to the north of them.) The committee recommended that the ap- plication be laid over for development of further information at the April 2 Quiet Waters hearing for Excelsior Bay. MAI TAI, Th~ committee reviewed the public hearing report for Maple Crest Estates, noting that the new plan encroaches into the Painters Creek channel. The committee recommended that the 1980 dock license application be laid over for receipt of a new plan from the applicant. MAPLE CREST, The committee reviewed the public hearing report for the Minnetonka Edgewater Apartments, whose 1980 dock plan is based upon varying water level shorelines; the committee recommended that the location of the dock based upon varying shorelines be denied and that approval of the applica- tion be based upon the 929.4 shoreline elevation. MINNETON-KA EDGEWATER, & The committee reviewed the public hearing report for Sailors World (formerly Paul's Landing) and recommended that the 1980 dock license application be approved. SAILORS WORLD LMCD Board Minutes March 26, 1980 Page 2 Brown Moved, Hunt Seconded, that the following 1980 dock license new and renewal applications be approved as recommended: Cedarhurst Association Cochranes~ Boatyard, Inc. Crane Island Dennis Boats Grandivew Point Association Greenwood, City of Lafayette Ridge Lord Fletchers of the Lake Loring Acres Beach Assn., Inc. Minnetonka Boat Works, Inc. (Orono) Minnetonka Edgewater Apartments Minnetonka Power Squadron Pivec, Ernest F. Sailors World Seahorse Condominium Association Shorewood Yacht Club, Inc. Stubbs Bay Marina Tonka Bay, City of Motion, Ayes (9), Nays (0). The committme_reviewed the status of 1980 dock licenses which shows that 63 licenses and amendments have been processed, 9 are being held for questions concerning dock plan submittals~ 5 are for public hearings, and 4 have not been received, for a total of 81 applications. Four Dis- trict Mooring Area applications have been processed, 3 are before the Board, and 1 has not yet been received, for a total of 8. Brown reported that the committee reviewed the 1980 applications for District Mooring Area permits for Methodist Lakeside Assembly, Sailors World, and Wayzata Yacht Club and recommended that the applications for Methodist Lakeside Assembly and for Wayzata Yacht Club be approved. Brown Moved, MacNamara Seconded, that the 1980 District Mooring Area permit applications for Methodist ~akeside~Assembly and for Wayzata Yacht Club be approved. Motion, Ayes (10), Nays (0). Brown reported that the committee discussed the question as to the need to continue the mooring area at Sailors World. Paul's Landing at last license (issued in 1975) was for 28 boats at slips, 50 fishing boats on slides, and 20 boats in the District Mooring Area; the numbers requested for 1980 has 48 boats at slips, 45 fishing boats on slides, and 20 boats in the District Mooring Area. The committee forwarded the application to the Board without recommendation. Brown Moved, Hunt Seconded, that the 1980 District Mooring Area permit application for Sailors World be approved subject to future review and regulation. Motion, Ayes (10), Nays (0). After further discussion of District Mooring Area permits in general, Hunt Moved, Nixon Seconded, that all District Mooring Areas be reviewed by the committee for further recommendation. Motion, Ayes (10), Nays (0). Brown reported that the committee reviewed the need for allowing some type of service storage in conjunction with fueling facilities on commercial 1980 DOCK LICENSES DIST. MOORIN AREA PE~MITSi ~fETHODIST~ LAKESIDE & W.Y.C. , SAILORS WORLD, & REVIEW LMCD Board Minutes March 26, 1980 Page 3 docks. The committee~requested.a Code amendment draft allowing con- struction on service dock extensions for console-cabinets not to exceed 4 feet in heighth, 3 feet in width, and 6 feet in length, for use in conjunction with fuel pumps. Brown reported that the committee reviewed a boat storage density memo and recommended changes for further review of potential storage. In order to clarify current "private club" provisions of the current Code, the committee requested a Code amendment be drafted to exclude new pri- vate clubs from the current commercial definition of the Code. In order to clarify current apartment slip rental provisions of the present Code, the committee requested a Code amendment be drafted restricting the rental of dock slips at apartments to its residents only. Brown Moved, Nixon Seconded, that the committee report be accepted, Motion, Ayes (10),'Nays (0). LAKE USE COPLMITTEE: MacNamara reported that the committee reviewed the petition submitted-to Representative Tad Jude and to Senator George Pillsbury by the Westonka Snoblazers, requesting.that regulations be adopted which require fishermen to break up ice chunks, and that buoys be removed from the Lake before freeze-up. After review of the proposal and indications by the Water Patrol that some ice chunks are left on the Lake particularly late in the fishing season by spear fishermen (who usually cut out large chunks of ice), the difficulties of enforcing buoy removal, and the need for clarification-of the LMCD Code in these_two areas, the committee determined to forward-to the~Board~without recom- ~ mendation Minnesota Statute 609.74, Subd.~(2): PUBLIC NUISANCE, ..krhoever by his~act .or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (2) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public. under which the Water Patrol may issue misdemeanor citations. The com- mittee will continue the review. MacNamara reported that the committee reviewed the Special Event appli- cations of the Minnetonka Yacht Club, Wayzata Yacht Club, and the Laser Association for their 1980 combined race schedule, and requested additional information for the next committee meeting. The committee reviewed the Minnetonka Yacht Club's Special Event applica- tion for four regattas, and held the applications over to determine whether (a) a speed exception is needed, in view of the nuisance caused by shuttle boats; (b) the regattas are part of the combined gchedule; and (c) regulation buoys will be used for temporary storage. CODE AbIENDM]ENTS: CONSOLES, PRIVATE CLUBS, & SLIP RENTALS PETITION: ICE CHUNKS & BUOYS COMBINED RACE SCHEDULE SPECIAL EVENT: M.Y.C. LMCD Board Minutes March 26, 1980 Page 4. The committee reviewed a request to make Black Lake Quiet Waters area permanent, and the success of temporary "Slow" buoy placements last season. The committee recommends that the northern part of Black Lake be Quiet Waters permanently. Bauman Moved, Hunt Seconded, that an ordinance be drafted establishing a permanent Quiet Waters area in the northern part of Black Lake. Motion, Ayes (10), Nays (0). The committee continued the discussion from last month of the growing littering problem on the bottom of the Lake along the shore area, par- ticularly where drink containers are used. The committee determined to: (a) follow-up with T. Butcherblock Restaurant on its proposal to clean up the Lake bottom in its area, (b) determine the feasibility of the use of floatable containers-on the-Lake,-(c) contact'~estaurants-involved for input on the subject,~and~(d).promote~volunteer underwat~r-cleanup from such agencies as the State Diving.Council and Club Scuba. The committee noted the success of the fish house cleanup project this year from posting fish houses and mailing flyers to Lake fish house o~ers. Some suggestions for improvement in the future are that the flyer posting be done right after the first of February, and that flyers also be distributed through bait shops. No state seining has occurred so far this winter due to light snow cover and resultant lack of schooling of the fish. The committee requested a' review of the~fish stocking program 'for Lake Minnetonka. The committee reviewed a Special Event permit application by Lord Fletchers of the Lake for a sky diving exhibition on Monday, May 26 and on Tuesday, August 19. The 'committee discussed .the possibility of moving the exhibition to that area of Coffee Cove north of the channel, but recommended approval for the events. Boles Moved, Bauman Seconded that the Special Event'Permit application by Lord Fletchers of the Lake for a sky diving event on Monday, May 26 be denied, but that a sky diving event on Tuesday, August 19 be approved subject to Water Patrol supervision. Motion, Ayes (9), Nays (0), Abstains (1), Hunt abstaining. The committee reviewed a Special Event Permit application by Lord Fletchers of the Lake for log rolling contests in their dockage area on the following Sundays: May 25, June 1, July 6, August 3 and August 31, and recommended approval subject to the stipulation that no boat parking be allowed on the island during the events. Bauman Moved, Hunt Seconded that the Special Event Permit application by Lord Fletchers of the Lake for log rolling contests on May 25, June 1, July 6, August 3 and August 31 be approved subject to (1) the stipulation that no boat parking be allowed on the island during the events, and (2) Water Patrol supervision. Motion, Ayes (10), Nays (0). BLACK LAKE Q.w. CODE AMENDMENT LITTERING; FLOATABLE CONTAINERS FISH HOUSE CLEANUP 'SEINING SPECIAL EVENTS: FLETCHER'S SKY DIVING, FLETCHER'S LOG ROLLING LMCD Board Minutes March 26, 1980 Page 5 The Water Patrol reported to the committee that the county does not have the ability to assess the cost of removing a sunken vehicle to the vehicle owner. The committee will continue review of the matter. The LMCD has been notified that the Lady of the Lake intends to provide scheduled passenger (excursion) service between Wayzata docks and the Excelsior docks during the 1980 season, and that other routes and boats will be added as service warrants. The committee accepted the 1979 Water Patrol activity report showing the accidents, citations and other Water Patrol activity on the Lake for each LMCD area, by day of the week and by time of day. The LMCD was requested to help find a volunteer surveyor to measure a mile on the Lake for the purpose of permitting boaters to check their speedometers. MacNamara Moved, Bauman Seconded that the committee report be accepted. Motion, Ayes (10), Nays (0). OTHER BUSINESS: The second reading was given of the proposed Code amendment providing for the measurement of authorized dock use areas from 929.4 shoreline. Brown Moved, MacNamara Seconded that the second reading of Ordinance No. 28 providing that authorized dock use areas~be measured from.the shoreline elevation of 929.4 feet (N.G.V.D., 1929) be accepted, the third reading waived,~-and the Ordinance ~dopted~ Motion, Ayes (9), Nays (0), Shorewood alternate not voting. The second reading was given of the proposed.-Code amendment-providing an exemption to a deicing permit application for dams. MacNamara Moved, Boies Seconded, that the second reading of the proposed Code amendment providing conditions under which political subdivisions may operate permanent dams on the Lake without securing a special permit from the District for deicing purposes, be accepted. Motion, Ayes (10), Nays (0). ADJOURNMENT: Nixon Moved, Brown Seconded, at 9:55 p.m., that the meeting be adjourned. Motion, Ayes (10), Nays (0). SUNKEN CAR COSTS EXCURSIONS W.P. ACTIVITY REPORTS METERED MILE ORDINANCE: SHORELINE 929.4~ CODE AMEN~DP~NT: DAM EXEbfPT ADJOURNED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman Housin and Redevelopment Authority of Mound 2020 COMMERCE BOULEVARD MOUND, MINNESOTA 55364 April 21, 1980 _MEMORANDUM To: Mayor and Mound City Council From: Housing and Redevelopment Authority of Mound Subject: Commissioner Carlton N. Gustafson Attached is a copy of the resignation of Carlton N. Gustafson from the Board of Commissioners of the Housing and Redevelop- ment Authority of Mo~d. The Board of Cormmissioners of the Housir~ a nd Redevelopment Authority of MoUnd has reconuuended the appointment of James E, Regan as Commissioner to fill the balance of Mr. Gustafson's term which expires August 29, 1981. E. B. Richter Executive Director April 7~ 1930 Hound Housing and Redevelgpn~ent Authority 2020 Commerce Blvd. Hound~ HN 55364 Because of our movin~ from the community it is ~'ith regret that I herewith submit my resignation from the board effective Hay I~ 1980. It has bean a pleasure as ~eli as a good a×perience.for me to serve on the board with such dedicated people. /4r. Richter is to be compliaented on the work he has been doing as administrator of the Housin; Authority. Very truly yours~ · Carlton N. Gustafson ~' Cities o£ MOUND, SPRING PARK, Monfl~ NAR£H M!N~T~IS'rA & s'r. Yea r fi 980 ' ,c I. GENERAL ACTIVITY SUMMARY THIS YEA t% LAST YEAR ACTIVITY MONTH TO DATE TO DATE Traffic control (citations & warnings) 638 1,561 1,215 DWI 7 20 17' Property damage accident 21 51 96 1Personal injury accident 4 17 1 ! Fatal accident 0 0 l Adult felony & misdemeanor arrests 23 65 30 ruvenite felony & misdemeanor arrests 9 26 28 Medicals .21 7] 45 5 nimal complaints ! 32 '322 324 Part I & Part II offenses 91 265 139 f ther general investigations ...................... L ] 53 __2,9_28 .2 O'FA !, 2,099 5,326 4,27 i 'II. 'P. ROt~ERTy LOSS/RECOVERY SUMMARY ALL CJTJES COMBINED - H~P, CH 80 ITIEM ikes Boats Clothing Currency, notes, etc. :exvelry & precious metals Guns Home Furnishings ~adio & Electronic equipment Vehicle's & vehicle equlpn~ent ~iscellaneous TO TA L $ TO LEN 394 14,185 3,175 32 929 2,381 $ 21,096 RECOVERED 109 187 : $ 296 ' ALL CITIES COMBINED - MARCH 80 III. OFFENSE ACTIOY SUMMARY PART I CRIMES ~ ~ o O Adal~ Juv. Homlc Rap~ .......... _ Robbery ., . ............... ~s sault Burglary Larceny ........... 29- 2 .. 27 . 2. 3 Vehicle Thef~ ...... Arson l ........... ' ....... TOTAL 50 2 ~8 :PART II CRIMES ,S.impl e Ass_aul t ......... 5. ~_orgery & C.o, unterfeiting. . ....... Fraud 1 . 1 ]Embezzlement Stolen Property~ ........ V~andalism ....... 19 19 ........ ,W e a p o n.s Prostituti0'~ & C0rr~;r~iaiized ¥ice ....... Sex' Offenses Narcotic dr. ug laws l.. Gambling I ....... Offenses against,f~mily & children . ,1 ..... .Dr.iving under the influence __7 ...... 7 7 __ Liouor Laws Public Peace 9 1 Alt other offenses ,---,:-,- .................. ~ 1 TOTAL -44 1 43 3 21 6 TOTAL t)ART I & PART II CRIMES 9! 3 23 II. PROPERTY LOSS/RECOVERY SUMMARY MOUND - ~tARCH 80 Bikes Boats Clothing ITEM ~ur~ency, notes, etc. STOLEN ~394 3,945 Jewelry & precious metals Home Furnishings Radio & Electronic equipment rehicles & vehicle equipment Miscellaneous TOTAL (for individual city) GRAND TOTAL (all cities conabined) 3,175 32 150 · !,252 $ 8,948 $ .21,096 REGOVIrRED 109 $ !16 $ 296 ~0UND - HARCH 80 III. -OFFENSE ACTI~J¥ SUMMARY ~ c~ ~ 0 ~ ~ o u~ ~ ~ ~An~ ~ Ca~MES0 ~ ~ ~ ~ ~ 0 ~~ ~ 0 Adult Juv. Homicide r" .... Rape ............................ Robber~ ~ s sault Bur~la ri ............... 1 h .... 1 ~ ...... ~arce~.y, . 21 1 20 , }~ Vehic!e- Thef~ "', ............ .................. .... Arson ;PART II CRIMES S]imple Assault ....... ~ ? .... !"- 1 .... Fraud .......... . . , .: Embezzlement Stolen Property vandalism ................ '~Veapons . . ............ Sex Offenses Na~,.co,t,ic drug laxvs .... 1 ........ 1 1 G__~_ambling .............. Offenses against family & children ! l Driving under ~he influence ..... :~ . ~ . , 3 ,,, ~.iquo r Laws ................. Public Peace : , 6 .... ] - ~.- _. ~ ~. _3 Alt other offenses 7 TOTAL 25 1 24 I 1 ! 5 TOTAL PART I & PART II CRIMES il MOUND GROSS: VFW POST 5113 CURRENT MONTH YEAR TO DATE PAYOUT AS PRIZES: PROFIT: DISTRIBUTION OF PROFITS: '-'~.~,~. /.::' ~,'-- ,~,' ..~