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80-07-16 CITY OF MOUND Mound, Minnesota REVISED AGENDA CM 80-238 CM 80-240 CM 80-241 CM 80-239 CM 80-247 CM 80-245 CM 80-237 CM-80-246 CM 80-244 CM 80-235 CM 80-249 CM 80-242 CM 80-243 CM 80-236 CM 80-248 Mound City Council July 16, 1980 (Wednesday) 7:30 P.M. City Hall 1. Minutes Pg. 1675-1678 2. Bids A. B. C. D. E. F. Bond Sale Pg. 1667-1674 Street Improvement - 1980 Section II Pg. 1665-1666 Fire Station Addition Pg. 1664 Truck - 2½ Ton Pg. 1697-1701 Park Equipment - Picnic Tables Pg. 1696 Training Amunition Pg. 169~ 3. County Road 110 Pg. 1663 4. Street Construction A. Plans and Specifications Pg. 169~ 5. Sports Center Pg. 1662 6. License Requests A. Request for 3.2 Beer - Our Lady of the Lake Pg. 1660-1661 B. Request for 3.2 Beer - Sports Center 7- Comments and Suggestions by Citizens Present (2 Minute Limit) 8. HUD Funds 9. Tax Forfeit Land A. Lots 1-4, Block 6, Dreamwood Pg. 1658-1659 B. Lots 8 & 9, Block 24, Wychwood Pg. 1656-1657 10. Dock Permits Pg. 1652-1655 ll. Employee Assistance Program Pg. 1691-1692 ]2. Payment of Bills 13. Information Memorandums/Misc. Pg. 1625-1651 & 1680-1690 14. Committee Reports Pg. 1702 Hound~ July 15, 1980 COUNCIL MEMORANDUM NO. 80-250 SUBJECT: Fire Station Addition Attached is a copy of a letter from the Architect recommending a $100,275 be spent on the Fire Station. Presently there is $58,764 in the capital outlay fund. To spend the additional $42,000, it would have to be borrowed from somewhere. We cannot sell bonds for the building without a vote of the people. The original plan called for a $200,000 truck and a $50,000 addition to the building; of that, it was planned to finance by bonds or cer- tificates of indebtedness to cover the part not paid on the truck. The truck cost $227,345.00 of which $56,836.35 has been paid, leaving $170,508.65 due. The original plan, with a $50,000 building, was to bond for somewhere around $125,O00 on the truck. At least, that is what was told the other Cities. If we have to bond the $170,500 on the truck, which can only be 5 year bonds, the annual cost will exceed the estimates made to all Cities. The decision will have to be made by the Council on which way to go. (.~_~'~'ard L. Kopp /7o4, GRADUATE MONTANA~STATE ,, UNIVERSITY 1971 B. ARCH. ARCHITECT STATE OF MONTANA REG. 799 ARCHITECT STATE OF MINNESOTA LIC. 011926 NCARB CERTIFICATE NO. 16422 BUILDING OFFICIAL STATE OF MINNESOTA CERT. 0S72 BUILDING INSPECTOR INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CERT. 3534 MEMBER NORTH STAR CHAPTEI~ ICBO MEMBER AMERICAN SOCIETY PLANNING OFFICIALS Alan P. ARCHITECT 5724 LYNWOOD BOULEVARD, MOUND, MINNESOTA 55364 612--~72-4369 July 14, 1980 ~tr. Leonard Kopp, City Manager City of Mound 5341 Maywood Road Mouna, Mn. 55364 Re: Fire Station Addition Dear Mr. Kopp, I have reviewed the bids received on july 11, 1980, and have determined that Earl Weikle & Sons, Inc., Minneapolis, is the low bidder both on the basis of base bid only and considering all various combinations of add-on alternatives. I recommend acceptance of the bids and award of the contract to the above bidder as follows: Base bid (truck bay) Alt. 1 (reroofing) Alt. 3 (training room) $69700 14800 15775 total ~100275 This price compares favorably with the fire department's 1980 budget request of $112000, divided respectively 75000, 12000, and 25000~ tMy.estimate of $50000 in Feb. 1978, updated to $70000 in Feb. 1980 did not include the reroofing but was still 20% below the comparable bid of $854?5 for the base bid plus alt. 3- The recommended contract still excludes site work, overhead door replace- ment, and $18000 worth of painting and interior finishes. An option includes contracting for the truck bay only, but consider: the roof is 25 years old and needs replacement. This is a reasonable price; it can only be more expensive if done later~ it will be more reliable if there is no joint left from a pmrtial job; and the planned insulation will save substantial heating dollars. Likewise, the training room space is badly needed and the bid cost of $21 per sq ft is even less than my admittedly low estimate. This cost would likely be three times as much if done separate loom the other work. Therefore, in the interest of best value for this project, I have made the recommend- ation for acceptance of Alternates 1 ~ 3 as well as the base bid. Sincerely, ...~ ~..~ ~gn P J/01son, Architect CITY 0'[ MOUND July !5~ 1~80 5341 MAYWOOD ROAD MOUND. MINNESOTA 55384. (612) 472-.1155 Mr. Douglas O..Coleman 2100 Noble Lane ~ound~ MN~ 55364 Deaf Mr, Coleman; !n response to your letter of July 8th, the Council asked the E. ng}neer'tO write a letter giving a report on the Commons by your home. Attached is a copy of the letter from the Engineer. Sincerely, Cj'ty .Manager LLK/.ms Encl. cc; Cit.y Council McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING F..NGINE[R,S II LAND SURYF.'fOR$ I~ ,SIT~ ?L~,NNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 July 10, 1980 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: City of Mound Commons at Tonkawood & Waterside Dear Mr. Kopp, I looked at the commons area on Harrison Bay at the end of Tonkawood with the Public Works Director on Wednesday. There is a pile of brush and the sod has been tore out in one area. This was done by the City crews while removing diseased elm trees. The City will remove the brush and place some black dirt and seed on the disturbed area and a couple of other areas where patches of sod are not doing well. Ideally this work should be done after a rain. LS:ch #2113 Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyre Swanson, P.E. Minneapolis- Hutchinson - Alexandria - Granite Falls /?oj 7-16-80 Mound, Minnesota July 14, 1980 COUNCIL MEMORANDUM NO. 80-239 SUBJECT: Bids - 2½ Ton Truck Bids have been opened on a 2½ Ton Truck - Cab & Chassis (see copy of the specifications attached). One bid was received. It was from: Lakeland Ford Truck Sales, Inc. Additional f.o.f 90 AMP Alternator Service and Parts Manuals Total Amount $25,039.28 253.42 6O.OO $25,352.70 Leonard L. Kopp ATT. MODEL ~uu, ~ . _~ ',~G1N,:. W.B. C.A. 72 LiST FACTORY F.O.B. LIST PRICE ..................................... S_ 210 HoP Caterpillar Eng..ine _ 18500 2 Speed Rear 7.20_0/8000 front. Tt~/~1670 Rear Sprin~s 2250 A'm.~ Rear SDrinq~ 3 - 63 Amp Batteries Dual W C Mirrors ~convex ~.~rrors R~ & r,Hia~s!st ~es 12 Cu Ft Air Compressor Delete Anti Skid B. W, Air. Dr~er 1000X20 12 R~r__e~ ~ o~Q_o._t 7°5 ~im __ !OODX~O ! 2P~Re ~ar_~.~--Rim ~ud,...&-~. Snow.. ~_rea_d_ ~i..9__~~e~l~LO ,_00 0._asI__ 24" Front Frame extension ~Do~ High ,ou_t~u_t_ke_a_t~..r_ .... 14" 2 plate Clutch __ Ru~te .r..f !~ t~..~@Qd Bostrum Driver (iS _C_~ Seat Passenger Se_.~__ Tinted Glass__ AM R~di O ................... 50 Gal LN Step-Tank Crankshaft ~ ~ T_,_O_~ Vert Exhaust t. ESS: FLEET '-' $ FR~,~ lO .,'~4r ............ ............................................. DEALER PREPARAT?:£N, ' TOTAL ..................................................... NET C~* :, r*, ........ ---~,,-~ $ TOTA ........................... Dick Berthiaume SALES REPRESENTA,rWE - CUSTO~-AE~ACCEPIANCE :': :': - -~ ' ~': ' '-' . ~ SAEESMANAGER 3AII¥±N3S'a;~d3Z] -$ .......................... 7¥10£ ............................ XV1 $ ~ ............. :...; 2.', .'.'..';. .......................... 9VI01 ..................... 'AJf~J¥1d~JVA~, CN¥ ~3Ni](]NVH 'NOI/V~lVda~d ............................................. .~, ..... -"-~:-' '-' '/H~)I:I~I-I ............................... % ZNFIOOSICI 1]]1-1 :$$]1 'V'3 'llV uu '];,.--L. 3.LVCJ '~e oE _x-f, SS'e. SPECIFICATIONS 1980 or 1981 CAB AND CHASSIS ITEMS Engine Axle Front Axle Rear Springs Transmission Batteries Mirrors Brakes Tires Frame Heater Clutch Cab Wheels Fuel Tank Gages REQUIREMENTS ARE MINIMUM Cat. 210 HP 3208 BIDDER TO FILL IN DETAILS 12,000 with power steering 18,500 2 speed Front - 8,000 Rear - 11,500 Auxiliary - 2,250 Spicer 6052C, 5 speed, close ratio 3 - 68 amp batteries Dual westcoast mirrors, with auxiliary' conves mirrors, dual cab assist handles Full air cam type, 12 cu. ft. compressor spring lock parking brake delete anit skid, b.w. air dryer 1000 x 20 12 ply tires, mud & snow rear Firestone super all traction 15.9 sm 110,000 PSI, with 24" integeral frame extensions welded not acceptable Heavy-duty - deluxe with defroster HD. 14" 2 plate Conventional fiberglass, tilting hood with butterfly opening, Bostrom WC drivers seat, with passenger seat, tinted glass, AM radio Cast spoke, 7.5" 3 pc. rims 50 gal. LH step tank crankshaft power take off, shaft thru raditor not acceptable, verticles exhaust pipe, linehaul instrumental panel, engine hour meter~and tachometer in panel, engine warning lites with buzzer (1) Type Color GVW FOB Date Single axle, Highway orange 27,500 lbs. Mound, Minnesota dual wheel with dump body Total Bid Name of Company. Signature and Title (2) 7-16-80 CITY OF MOUND Hound, Minnesota July 14, 1980 COUNCIL MEMORANDUM NO. 80-247 SUBJECT: Picnic Tables Quotes have been sought on 20 picnic tables. They are: Hamele Recreation, Hamel, MN. $2,552.00 Earl F. Andersen & Associates, Inc. Bloomington, MN. 3,1OO.00 Bob Klein & Associates, Hastings, MN. 2,56O.0O It is recommended Hamele Recreation be awarded the order. 7-16-80 CITY OF HOUND Mound, Minnesota July 11, 1980 COUNCIL MEMORANDUM NO. 80-245 SUBJECT: Training Ammunition The Police have received two identical bids for training ammunition: 3D Company, Doniphan, Nebraska $105 per M fob Mound Streicher Guns, Excelsior, MN. $105 per M fob Mound The usual order is 10,O00 rounds which comes to $1,050. Since Counci] approval for all purchases over $1,000 is required, it is recommended the ammunition be purchased from Streicher Guns. 7-16-80 CITY OF ~OUND Mound, Minnesota July 14, 1980 COUNCIL MEMORANDUM NO. 80-246 SUBJECT: Plans and Specifications On Friday, the Council received Plans for Three Points Boulevard and Tuxedo Boulevard. These will be up for approval Wednesday, July 16th. There will be at least one resident present to object to the sidewalk being placed on the north side of Three Points Boulevard. 7-16-80 CiTY OF hOUNB Mound, Minnesota July 14, 1980 COUNCIL MEMORANDUM NO. 80-249 SUBJECT: HUD Funds HUD Fund discussion was continued from the last Council meeting. The Planner will be present.at the July 16th meeting. C~/Le6nard L. Kopp CITY OF MOUND Mound, M~nnesota June 23, 1980 TO: FROM: RE: City Manager City Planner City Council Review of CDBG Program Adjustments CDBG Budget Items Needing Adjustment As discussed at the May 13 City Council meeting, a number of year 3 and 4 HUD Block Grant budget items are in need of amending. Our problem is with the successful implementation of a few allo- cated budget items. 1. PARKS Based on our recent park project bids, 517,000 is still remaining. The parks commission (see attachment) is requesting approximately '57,000 be spent on tots and picnic tables. Therefore, a residual of 510,OOO is sti]l remaining. Remaining Funds 5 10,O00 2.i DUTCH ELM As discussed with the City Council, this pro- gram has received little if any support and constitutes an excessive administrative effort to implement. 5,000 3. CITY HALL HANDICAPPED ACCESS After years of dealing with the state law on wheelchair lifts, it now appears this program is infeasible. 4. INDIAN KNOLL MANOR GARDEN $500 of the original $2,000 was spent, $1,5OO remains.. 21,500 1,500 5. HANDICAPPED ACCESS AT ISLAND PARK AND MOUND BAY PARK For both the architect estimates $16,500! ' 4,O00 6. HOUSING SITE ACQUISITION 22,000 TOTAL 62,000 'Page II. Alternative Budgets to Spend ~41,000 Residual A couple alternatives to spending unallocated funds are recommended and are in need of City Council determination: A. CITY HALL ELEVATOR - Estimated at $90,000, $93,000 total. If the unallocated $62,000 is combined with other improve- ment equipment outlay funds and 1979 revenue sharing (from discussions totalling approximately $20,000) approximately an $82,000 elevator budget is possible, if alternative ° funds equalling another $20,000 are available, i.e. the bikeway project, etc., the project is feasible. B. RETAIN $10,000 PARKS FUND AND REALLOCATE REMAINING $52,000 TOWARDS HOUSING REHABILITATION. The housing rehabilitation fund could be spent this year and would clear our CDBG books. While the special assessment deferment project is a good one, spending the. funds, would oot be till next year and creates a problem with the HUD wanting to spend the money this summer. Whatever project we go with, the funds need to be spent this summer regardless. I am plan- ning on the July 8 City Council meeting as the meeting to re- solve this issue. Chuck Riesenberg 7-16-80 CI'TY OF MOUND Mound, Minnesota July 14, 1980 COUNCIL MEMORANDUM NO. 80-248 SUBJECT: Employee Assistance Program The City has, for sometime, had an .agreement with the Metropolitan Clinic of Counseling for employee assistance. The agreement is renewed each year and it is recommended that we do so again. A copy of the agreement is attached. It is recommended the Mayor and Manager be authorized to enter into the agreement. / STATEMENT OF AGREEME~ BETWEEN METROPOLITAN CLINIC OF COUNSELING~ lNG, 'AND CITY OF MOUND This agreement is for the period June 15, 1980 to June 14, 1981. In this agreement the term EMPLOYER refers to City of Mound and MCC refers to Metropolitan Clinic of Counseling. SERVICES. MCC agrees.to provide diagnostic services (problem assessment and initial counseling) and referral services (motivational counseling, referral to competent care and follow-up) to all employees of the EMPLOYER, to the employee's dependents and household members. SERVICE AVAILABILITY. Diagnostic and referral services will be available from any of MCC's four offices located in the Minneapolis-St. Paul metropolitan area. Emergency and after-hours calls will be responded to by a professional staff member on a 24-hour daily basis. ADDITIONAL SERVICES. MCC agrees to provide for all eligible employees an initial orientation and brochures explaining the services. MCC agrees to periodically provide to the EMPLOYER brochures aimed at maintaining employee awareness. MCC agrees to periodically provide to the EMPLOYER a statistical report regarding utilization of the services. EMPLOYER RESPONSIBILITIES. To assure adequate acceptability and utilization of these diagnostic and referral services, the EMPLOYER agrees to participate in program exposure and employee education of the services available. Mailings to employees shall be the expense of the EMPLOYER. The EMPLOYER agrees to provide a list of names of employees covered under this program, said list shall be updated quarterly. The EMPLOYER agrees to provide MCC with a copy of its current hospitalization and health insurance policies which are relevant. Be FEES. The base retainer fee for the agreement period is $252.00 The base retainer fee is based upon the per employee rate of $6.00+++ times 42 employees Pro-rata adjustments in the retainer fee will be computed quarterly when devia- tions greater than five percent occur in the employee count upon which the base retainer fee was established. The retainer fee will be payable within 30 da ~'s of receipt of an invoice from METRO ING, INC. DATE · ' CITY OF MOUND DATE /of/ CITY OF MOUND Mound, Minnesota July ll, 1980 INFORMATION MEMORANDUM NO. 80-62 SUBJECT: Diseased Trees - List 8 - 1980 Attached is a copy of a list of payments due property owners for removing diseased trees. These items will appear for payment on the list of bills. cc: City Clerk CITY OF MOUND MOUND, MINNESOTA REBATE LIST # N~ME ADDRESS NO. OF TREES ~OTALDBH DOLLARS Hank Truelson 4660 Hampton 20" $40.00 Kenneth Romness 5213 Bartlett 27" $54.OO . Lin da-~ Panet t a 1759 Lafayette 1 32" $64.00 Don E. Olsen Steve Schmid t 771 San Diego Rd. Berkeley..., Cal. 94707 2986 Highland 37" 3 87" $74.O0 $174.00 Jane Hackl 2101 Belmont 2 $62.00 ~Theo Jenson 3064 Alexander 5 77" $154.00 Elaine Eide 3120 Highland 1 36" $72.00 Buzz Sycks 5900 Beachwood Rd. 3 52" $104.00 Steve Kokales 3121 Donald Dr. 22" $44.00 Bill Lang 2630 Westedge 1 $14.00 Gerald Pauly 5901 l~wthorne 28" $56.00 Dale Mack 3024 Highview 12" $24.00 Edgar t~yes 4887 Edgewater Dr. 2 52" $104.00 Mike Quigley 4925 Drummond Rd. 102" $204.00 TOTAL $1,244.00 CITY OF MOUND Hound, Minnesota July 14, 1980 TO: F ROM: RE: City Manager City Planner Update on Mound Bay Park Lawcon Application The final rankings for this year's LAWCON grants came out last week. We scored 5th from the top, out of 21 applicants. While we won't know until September, the amount of Federal Funds forthcoming to the Metropolitan Council and subsequent funding commitments to local units of government, I feel reasonably confident that the Mound grant application will be funded. Chuck Riesenberg Attachment 6A REVISED FY '81LAWCON/LCMR GRANT RANKINGS AREA OF PLANNED URBANIZATION (Grant Maximum: .$150~000).. Sponsor Plymouth Apple Valley Woodbury Eagan Mound. Eden. Prairie Champlin Shoreview Long Lake Blaine Excelsior Maple Grove Coon Rapids Little Canada Linc Lakes White Bear Lk. Chanhassen Minnetonka St. Paul Park Mounds View Wayzata Project E. Medicine Lake 8331-1 Farquar Lake 8325-1 Carver Lake Park 8321-1 . Rahn Park Mound ~aZ P.~rk Miller park North River Pk. Commons Park Nelson Lake Pk. Eastside Park Commons Park Rice Lake-Fish Lake Trail Pheasant Ridge Park Spooner Park Ref. No..w3ZfK ~.rC/~{ SFA 2 1 8 4 4 -6 8 13 1 8338-1 6- 4 11 15 8, ,,1, T 82 9-1 17 .3 8324-1 13 18 2 8309-1 8 i0 10 8313-1 14 16 5 8351-1 3 3 20 8342-1 5 2 21 8360-1 1 6 18 8348-1 18 10 14 8332-1 Country Lakes Pk.8365-1 Matoska Park 8333-1 Randy Herman 8347-1 Field Minnetonka 8345-1 Athletic Field Hastings Park 8320-1 Silver View Park 8330-1 60~._?in~l Cost Yes 1 194,650 Yes 2. 97,720 .Yes - 3 180,000 Yes :. 4 195,000 Wayzata Bay Park 8258-1 ~¢ 5 99 ,~27 Yes 6 523,00~- Yes 7 48,800 Yes 8 233,928 Yes 9 75,000 Yes 10 80,000 Yes 11 50,000 Yes 12 145,125 Yes 13 34,850 10 10 16 Yes 14 55,000 22 23 4 No -- 148,950 16 i7 12 Yes 15 57,328 20 20 15 No -- 110,000 24 19 22 No -- 187,000 23 21 24 No -- 31,000 Project not ranked due to compli- cations in amending previous grants for this site. Project not ranked because boat launch development guidelines cannot be met. Duplicate applications not eligible for funding are: Blaine-Lochness Park (8352-1), Long Lake-Patch Property (8312-1), Maple Grove-Cedar Island . Elementary School Playfield (8361-1), W"nite Bear Lake-Podvin Park (8334-11), and Woodbury-Tamarack Nature Center (8322-1) See Key on Attachment 5A for table heading definitions. LAW OFFICES CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E, DRAWZ JAMES D. LAR$ON CHARLES L. LzFEVERE JAHES P.O'HEARA WENDY L.FREEDI~N LE::FEVERE, LEFLER, PEARSON, O' BRIEN & DRAWZ IlOO FIRST NATIONAL BANK BUILDING J ~/BROOKLYN CENTER OFFICES MINNEAPOLIS, MINNESOTA 55402 ~ ;-, 'i l~ 610 BROOKDALE ~OWERS TELEPHONE [612) 333-05~3 , /. 2810 COUNTY ROAD [0 July 11, 1980 / (~,z)~,-~oo SCHIEFFER Mr. Thomas Rooney Attorney at Law 1170 Northern Federal Building 6th and Wabasha St. Paul, Minnesota 55101 Re: Thomas and Sons, Inc. v. City of Mound and Midland Nurseries Dear Tom: On July 8, 1980, you, Bill Keefer, and I met and spent considerable time concerning this arbitration matter. The amount of progress made during the meeting seems rather limited in that no realistic settlement discussions resulted., from our meeting. We spent substantial time talking about individual claims, etc., but did not really get to the heart of the matter. You indicated that you wanted copies of the field diaries, and I informed you that these have about 500 pages and that McCom~s- Knutson would reproduce them for you at a cost of 20 cents per page, or approximately $100. I am holding up directing them to do this until I see what results from this particular letter. My people would also like to have copies of your field superintendent's notes, and I would appreciate it if you would check with Thomas and determine the existence of those notes and their willingness to provide me with copies. I might also remind you that during the course of this dispute I believe we have provided you with a substantial number of materials at no cost, and I would like to have you keep that in mind. During the -course of our discussions, I tried to bring this matter to a head.. I indicated to you that the engineers have provided me with the following summary: LAW OFFICES LEFeVERE, 1EFLeR, PEARSON, O'BRIEN & DRAW7 Page 2 Mr. Thomas Rooney July 11, 1980 Agreed work completed $1,471,879.55 Paid to Thomas Construction Company 1,401,233.28 Retained by City of Mound $ 70,646.27 Claimed deductions: Paid to Harddrives for Thomas work and Thomas's responsibility $26,130.71 Estimated work to complete at time '~of cancellation 15,000.00 Subtotal $ 41,130.71 29,515.56 Less liquidated damages Less extra engineering $ 1,800.00 20,000.00 21,800.00 Total due Thomas $ 7,715.56. In an effort to settle this matter and to save the City and all others substantial expenses, costs, and attorneys fees, I indicated to you that I would be willing to recommend to the City Council a settlement amount of $30,000 which is approximately $22,295 more than it appears that Thomas is owed at this point. You have not responded to that offer, and I feel after talking with the engineers and other responsible people in this matter that I have probably been over- generous with the City's money. I am willing to live with that recommendation if it is accepted on or before July 16, 1980, since our pre-hearing conference is to take. place on July 17. If this is not accepted by that date, please consider mi; offer withdrawn and no offer will be made since we will attempt in the arbitration to indicate that the City' is without fault in this matter and that all the expenses including attorneys fees incurred as a result of this poor work and failure to abide by the contractual terms should allow the City to retain the entire retainage plus receiving damages from Thomas for its costs and disbursements. You also indicated to me on Tuesday that you were consid, ering taking the deposition of Lyle Swanson and Fred Malveg. I asked you at that time under what authority this could be demanded and indicated that I would probably be willing to consent to the taking of their depositions. Since that, I have revieWed the Construction Industry LAW OFFICES LI:'FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Page 3 Mr. Thomas Rooney July 11, 1980 Arbitration Rules and find nothing in there which warrants your taking their depositions. I have also reviewed Chapter 572, the Minnesota Arbitration Rules, and find in Section 572.14, subd. b, the following wording: "On application of a party and for use in evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing." Frankly, it d. oes not appear to me that the conditions established in the statutes are present in this case, and unless good cause is found for taking these depositions at this time, I reserve the right to refuse on the grounds that the witnesses can be subpoenaed an~ attend the hearing. Tom, I am disappointed that a more determined effort is not being made to settle this case. I am not sure why, but it seems to me that both Midland and the City have taken a more positive approach toward settlement, and I believe you are aware that both parties feel that the majority of fault in this case rests with Thomas. It is not the intent of this letter to impede settlement discussions, but I do think from the City's standpoint we have to review the matter with apparently the prospect of a long, tedious, detailed and confusing arbitration ahead, of us. This is going to continue to radd expense and distract from other projects currently under construction and is therefore extremely distressing to the City. I think you are aware and in fact have indicated in our discussions that you do not find fault with the City, although you have made numerous statements relating to the engineers. I have had prelim/nary discussions with the members of the firm, and if you are going to be making claims which could have an adverse affect on the engineers, then I th~nk it is your responsibility as well as mine to so inform them so that they could have legal representation. I hope that you and Thomas can assume a more realistic or conciliatory posture in this matter, because if that is not achieved then we all have a great .deal of work ahead of us and this arbitration will not be over in a short period, of time. CAP:ih cc: Mr. Len Kopp Mr. Skip_McCombs Mr. Bill Keefer Very truly yours, Curtis' A. Pearson, City Attorney City of Mound I ?Y LAW OFFICES HERBERT P. LEFLER CURTIS A. PEARSON J. DENNIS O'BRtEN JAMES D. LARSON CHARLES L. LrEEVERE ~4AR¥ J, BJORKLUND LEFEVERE, LEFLER, PEARSON, O' BRIEN & DRAWZ IlOO FIRST NATIONAL BAN}~ EIUILDII-4G MINNEAPOLIS. MINNESOTA 5S402 TELEmHONE {612) 333-0543 July 10, 19 80 Mr. Herbert E. Bischke 311 Ohau Avenue, Apt. 1203 C Honolulu, Hawaii 96815 BROOKLYN CENTER OFFICES 610 BROOKDALE TOWERS 2BIO COUNTY ROAD IO BROOKLYN CENTER. M NNESOTA 55430 ~/,f RICHARD J. SCHIEFFER Dear Mr. Bischke: It took some time for your letter of May 27 to arrive since the address used was incorrect. I have also been accumulating information relati.ng to your letter of May 27. It is now my understanding that you were the owner of Lots 11, 25 and 26, Block 15, Arden. It is my further understanding that in the past'these lots had been divided so that the legal des0riptions were as follows: .- Parcel 1 - Lot 25 and the South Half of Lot 26, Block 15, Arden. Parcel 2 - Lot 11 and the North Half of Lot 26, Block 15, Arden. These two legal descriptions have been properly established in the past and in that case each of the two parcels contained. 6,000 square feet of land Which is required by the zoning ordinance. It is my further understanding that when you sold, you ~ook it upon yourself to convey Lot 25 and all of Lot 26, changing the two legal descriptions for these two parcels, which in effect would make Parcel 1 8000 square feet and Parcel 2 4000 square feet. You recorded documents at the courthouse without obtaining approval of the City of Mound. Those documents were then transmitted to the City to see that compliance had been made with local ordinances and to allocate the property taxes between the two parcels. The City has refused to approve this division because you have not complied with the require- ments of our local ordinances requesting a division of these parcels. You have rather taken it upon yourself to put-them back into a status which existed a number of years ago wherein Lot 11 was an individual parcel. I am sorry I cannot be of assistance to you in %his matter. You have unilaterally decided to reallocate property divisions in the City and as a result have created two parcels, one of which no longer LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Page 2 Mr. Herbert E. Bischke July 10, 19 80 complies with the City Code. 'The only way this can be apProved or the tax allocation be changed is with approval of the City .Council. Mr. Kopp has, I think, been honest with you in indicating that he doubts if the Planning Commission or the Council would approve your ,... proposal because it creates an undersized lot out of what had been a lot which complied with the zoning ordinance. If I understand your argument in the letter of May 27, it is that you are merely returning to what this property was a number of years ago. It is : unfortunate but that is exactly what the City Council is trying to prevent in that it is working to take these undersized lots and put them together so that they meet the new zoning ordinance. The zoning ordinance has been in effect since 1945 and it has been a continual goal for the City to combine properties so that they meet the ordinance and are not non-conforming. Your action has .created for the owners of Lot 11 a non-conforming parcel which means in part that if the house burned, down, the owner of that property could not rebuild. I would like to think that what you have done you did believing it to be practical, even if you did not know it was illegal. The record indicates that Mr. Kopp had told you time after time that you could not do what you were proposing to do and you merely ignored his advice and alleged that people at the state and county told you it was possible. It is unfortunate that the county accepts deeds for recording contrary to express statutory, prohibitions, and the action which was taken is directly contrary to Minnesota Statutes 462.358, Subdivision 4, of the state statutes and in violation of Chapter 22 of the City Code. Lot 11 was at one ti~e non-conforming but had been brought into conformance when it contained the North Half of Lot 26. I enclose herewith an application for you to complete and transmit to the City for consideration by the Planning Commission and the Council. Mr. Kopp has advised you I believe openly and honestly that he does not believe that th~ application would be approved. Approval would be one of the solutions to your immediate problem, but it creates substantial problems for the owners of Lot 11 which is then placed in a non-conforming situation and would then be a piece of non-conforming property which would have to be brought into conformance in case of expansion or rebuilding. The second LAW OFFICES LE:FEVERE, LEFLER, PEARSON,O'BRIEN & DRAWZ Lot 3 Mr. Herbert E. Bischke July 10, 19 80 solution to the problem is for you and the current owners of Lots 25, 26, and 11 to rework your arrangement so that the descriptions contained prior to your illegal conveyance would revert to : ...... conformance, and this would mean that the owners of Lot 11 would also have to own the North Half of Lot 26. I am sorry I cannot be more helpful, particularly in lieu of the very kind things you said about me in your letter. I do believe the City is acting with integrity land trying to make some sense out of platting which took place in the last 1800s and early 1900s. I hope you will be understanding of their goals in this regard. To assist you, I am enclosing an ~application for you to complete and forward to Mr. Kopp, but as he has indicated, we are not encouraging that as a manner of solving the problem, as it merely creates new problems for the owner of Lot 11. Curtis ~A! Pearson City Attorney City of Mound CAP: lh Enclosure cc: Mr. Len Kopp, City Manager WAFTA WESIE. Rhl AREA FIRE IRAIi~II~G ACADEMY' CHANHASSEN EXCELSIOR MAYER CHASKA LONG LAKE MOUND EDEN PRAIRIE MAPLE PLAIN ST. 13ONIFACIUS VICTORIA WAT E RTOWN The Juno 18, 1980 meeting of WA~A was called to order by vice-chairman Rodnoy Grandstrand at 7~45 p.m. at the WAFTA site. The minutes of the May meeting were read and approved as read. Treasurer's report: Checking account $221£.78 Savings account 10470.19 Money market cert. 10000.00 Virco Mfg. C¢. ~1145.00 Aslesons 357.88 NSP 70.25 Continental Tel. 39.14 Postmaster 15.00 Earl W. Day & Sons 3284.27 John ~Coy 10.00 A motion was made by Mayer and seconded by Eden Prairie to pay the bills. The quality ~f the mowing was discussed with the board instructing either Lowell Lund or Ray Mitchell from Eden Prairie to talk to the person hired to do the mowing. WAFTA is interested in selling one used riding mower. The members should ask around and come to the next meeting with any offers to bu~the mower. The riding mower is an 8 hp, Top Flite, electric start, and has lights. The list of Job duties to be completed before the school was discussed. Member cities not represented at this meeting are: Chanhassen, Mound, St. Bonifaoius, Watertown. Next meeting will be Julyl~ at 7:30 at tho WAFTA site. Respectfully submitted, John A. McCoy 77 REGULAR MEETING OF THE CITY COUNCIL July 8, 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 5341Maywood Road in said City on July 8, 1980 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of July 1, 1980 were presented for consideration. Polston moved and Swenson seconded a motion to approve the minutes of the meeting of July 1, 1980 as submitted. The vote was unanimously in favor. PUBLIC HEARING Townhouses - Fern and Church The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said Townhouses. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said Townhouses and persons present to do so where afforded an opportunity to express their views thereon. The follow- ing persons offered comments or questions: Mel Sohns, 2155 Belmont Lane. The Mayor then closed the public hearing. Councilmember Ulrick arrived at 7:40 p.m. Swenson moved and Polston seconded a motion RESOLUTION ~80-251 RESOLUTION APPROVING A CONDITIONAL USE PERMIT WITH STIPULATIONS AFFORDING THE CITY ANY NECESSARY ROAD AND UTILITY EASEMENTS The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Street Vacation - Brunswick from Essex Lane West 365 Feet Ulrick moved and Swenson seconded a motion RESOLUTION 80-252 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A STREET VACATION TO BE HEARD ON AUGUST 5, 1980 AT 7:30 P.M. The vote was unanimously in favor. Side Yard Variance - Lot 4, Block 2, Mound Terrace Withhart moved and Ulrick seconded a motion RESOLUTION 80-253 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SIDE YARD VARIANCE The vote was unanimously in favor. Front Yard and Side Yard Variance - Possible Appeal Polston moved and Swenson seconded a motion TO APPROVE THE FRONT AND SIDE YARD VARIANCE REQUESTED DUE TO OWNERS INABILITY TO PURCHASE ADDITIONAL LAND Roll call vote was two in favor with Withhart, Ulrick and Lovaasen voting nay, motiOn failed. Lovaasen moved and Withhart seconded a motion RESOLUTION 80-254 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE SIDE YARD VARIANCE The vote was three in favor with Polston and Swenson voting nay. Special Use Permit - Lots 5-11, 14-19, Block 1, Shirley Hills Unit A Withhart moved and Swenson seconded a motion RESOLUTION 80-255 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A SPECIAL USE PERMIT TO BE HEARD ON AUGUST 5, 1980 AT 7:30 P.M. The vote was unanimously in favor. Subdivision of Land - Lots ll-14 & 19-22, Block ll, Wychwood Ulrick moved and Polston seconded a motion RESOLUTION 80-256 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND The vote was unanimously in favor. Sign Variance - Block 1, Shirley Hills Unit A Polston moved and Swenson seconded a motion RESOLUTION 80-257 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE A SIGN VARIANCE The vote was four in favor with'Withhart voting nay. Temporary Sign Permit Polston moved and Swenson seconded a motion RESOLUTION 80]258 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE A TEMPORARY SIGN PERMIT The vote was unanimously in favor. Street Vacation - Dorchester from Essex Lane to the West Ulrick moved and Withhart seconded a motion RESOLUTION 80-259 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A STREET VACATION TO BE HEARD AUGUST 5, 1980 AT 7:30 P.M. The vote was unanimously in favor. Ouly 8, 198o 79 Street Vacation ~ Devon Lane from Carrick to Longford Polston moved and Swenson seconded a motion RESOLUTION 80-260 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A STREET VACATION TO BE HEARD AUGUST 5, 1980 AT 7:30 P.M. The vote was unanimously in favor. Lake Front and Side Yard Variance - Lot 6, Block 2, Mound Terrace Lovaasen moved and Withhart seconded a motion RESOLUTION 80-261 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VARIANCES REQUESTED The vote was unanimously in favor. Sign Variance - Religious Crusade Ulrick moved and Swenson seconded a motion RESOLUTION 80-262 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE TEMPORARY SIGN VARIANCE The vote was unanimously in favor. Sports Arena ///// Swenson moved and Withhart seconded a motion to approve a variance regarding placement of the structure, configuration of the building and change of name of arena. The vote was unanimously in favor. STREET CONSTRUCTI ON Lovaasen moved and Swenson seconded a motion to grant a forty five day extension to the Hardrives contract. The vote was unanimously in favor. Also discussed were the properties at 2100 Noble and 4954 Brunswick. The Council requested this be placed on the~next agenda. COMMENTS AND SUGGESTIONS FROM CITI'ZENS PRESENT No comments or suggestions were presented at this time. DELINQUENT UTI['ITY BILLS Swenson moved and Polston seconded a motion RESOLUTION 80-263 -- RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY ACCOUNTS TO BE HEARD ON AUGUST 5, 1980 AT 7:30 P.M. The vote was unanimously in favor. ZONING ORDINANCE The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said Zoning Ordinance. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said Zoning Ordinance and persons present to do so were afforded an opportunity to express their views thereon. 80 July 8, 1980 The following persons offered comments or questions: Scott Mann, Excelsior, Ron Gehring, 3125 Charles Lane and Gary Paulson. The Mayor then closed the public hearing. Polston moved and Swenson seconded a motion to continue this hearing to a meeting on July 29, 1980. The vote was unanimously in favor. TAX FORFEIT LANDS Polston moved and Swenson seconded a motion RESOLUTION 80-264 RESOLUTION REQUESTING CONVEYANCE OF LAND TITLES FROM THE STATE FOR LOTS 11-22, BLOCK 13, WYCHWOOD,. LOTS l0 & 11, BLOCK 4, SETON AND LOT 8, BLOCK 24, WYCHWOOD The vote was unanimously in favor. Polston moved and Swenson seconded a motion RESOLUTION 80-265 RESOLUTION AUTHORIZING THAT LOTS 6 & 30, BLOCK 2, A. LINCOLN ADDN., LAKESIDE PARK BE RELEASED FOR PUBLIC SALE The vote was unanimously in favor. POLICE Po]ston moved and U]riCk seconded a motion to refer ~ item to the Police Committee. The vote was unanimously in favor. CITY HALL ROOF Withhart moved and Polston seconded a motion to authorize repair to the City Hall roof as recommended by James O'Brien, architect. The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $87,155.26 when funds are available. Roll call vote was unanimously in favor. OTHER MATTERS The attorney informed the Council of the status of the Thomas and Sons matter. The Public Works Director advised the Council of the watering ban. ADJOURNMENT Polston moved and Swenson seconded a motion to adjourn to the next meeting on July 16, 1980 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske CMC, City Clerk/Treasurer /& Leonard L, Kopp, City Manager 7-16-80 ciTY OF MOUND Mound, Minnesota July lO, 1980 COUNCIL MEMORANDUM NO. 80-238 SUBJECT: Bond Sale The bond bids will be in on July 16th and presented to the Council at the meeting. Attached is a copy of the resolution to be passed when the bond sale is awarded. After due consideration o he bids, Councilmember introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $5,400,000 GENERAL OBLIGATION IMPROVEmeNT BONDS OF 1980; FIXING TREIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR T}~IR PAYMENT. BE IT RESOLVED By the City Council of the City .of Mound, Minne- sota, as follows: 1. The bid of to purchase $5,400,000 General Obligation Improvement Bonds of 1980, of the City described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $ plus accrued interest to date of delivery, such bonds to bear interest as follows: The spa~ of $ , being the amount bid in excess of $5,325,000, shall be credited to the bond sinking fund hereinafter created. The City Clerk-Treasurer is directed to retain the good faith check of the success- ful bidder pending completion of the sale and delivery of the bonds. The City Clerk-Treasurer is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Mound shall forthwith issue and sell its General Obligation Improvement Bonds of 1980 (the "Bonds"), in the principal amount of $5,400,000, dated August 1, 1980, the Bonds being 1,080 in number and numbered 1' to 1,080, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, all interest payable February 1, 1981, and semiannually thereafter on August 1 and February 1 in each year, and which Bonds mature serially on February 1 in the years and amounts as follows: 1984 400,000 1992 400,000 1985 325,000 1993 325,000 1986 400,000 1994 400,000 1987 325,000 1995 325,000 1988 400,000 1996 400,000 1989 325,000 1997 325,000 1990 400,000 The Bonds maturing after February 1, 1993 are subject to redemption in inverse numerical order on said date and on any interest payment date thereafter at a price of par plus accrued interest to date of redemption. 3. Both principal of and interest on the Bonds shall be payable at and the City of Mound shall.pay the reasonable charges of said bank for its services as paying agent. 4. THe Bonds and the interest coupons to be thereto attached shall be in substantially the following form: No. $5,000 UNITED STATES OF A~RICA STATE OF MINNESOTA COUNTY OF KENNEPIN CITY OF MOUND GENERAL OBLIGATION IMPROVEmeNT BOND OF 1980 / KNOW ALL MEN BY THESE PRESENTS that the City of Mound, Hennepin County, Minnesota, acknowledges itself to be indebted and, for value re- ceived, hereby promises to pay to bearer out of its General Obligation Improvement Bonds of 1980 Fund, the sum of FIVE THOUSAND ~OLLARS on the 1st day of February, 19';~ and to pay interest thereon from the date hereof until the principal amount is paid at the rate of percent ( %) per annum, intekest to maturity payable February 1 1981, and semiannually thereafter on .the 1st day of August and the 1st day of February in each year in accordance with and upon presentation and sur- render of the interest coupons hereto atgached as they severally become due. Both principal of and interest on this bond are payable at the in any coin or currency of the United States of Am~erica which on the date of payment is legal tender for public and private debts. Ail bonds of this issue maturing after February 1, 1993, are subject to redemption at the option of the City in inverse numerical order on said date and on any interest payment date thereafter at a price of par plus accrued interest to date of redemption. This bond is one of an issue of bonds in the total principal amount of $5,400,000, all of like date and tenor except as to maturity, interest rate, redemption privilege and serial number, ali. issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full con- formity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City, and, to provide moneys for the prompt and full payment of the principal of and interest on the bonds as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this bond have been done~ have happened and have been performed in regular and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS W}[EREOF, the the City of Mound, Mennepin County, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signature of the Mayor and the manual signature of the City Manager and sealed with a facsimile of the corporate seal of the City and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1980. (manual signature) City Manager (facsimile seal) Mayor (facsimile signature) /z_,.7! (Form of Coupon) No. On the 1st day of February (August), 19__ , the City of Mound, Hennepin County, Minnesota, will pay to bearer, out of its General Obliga- tion Improvement Bonds of 1980 Fund at the the amount shown hereon for interest then due on its General Obligation Improvement Bond of 1980, dated August 1, 1980, No. Mayor (facsimile signature) (facsimile signature)__ City Manager 5. The City Clerk-Treasurer shall obtain a copy of the proposed approving legal opinion of Messrs. LeFevere, Lefler, Pearson, O'Brien and Drawz of Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk-Treasurer in substantially the following form: I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (facsimile signature) City Clerk-Treasurer City of Mound, Minnesota The City Clerk-Treasurer is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. ~ 6. The Bonds shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Manager, and the interest coupons shall be executed and authenticated by the printed facsimile signatures of the Mayor and City Manger and the facsimile of the corporate seal of the City may, but need not be, printed thereon. The Bonds, when fully executed, shall be delivered by the City Clerk-Trea- surer to the purchaser the~e0~ upon receipt of the purchase pri£e, ~nd tha purchaser shall not be obligated to see to the proper application thereof. 7. The Bonds shall be payable from the General Obligation Im- provement Bonds of 1980 Fund (the "Sinking Fund") hereby created, and the proceeds of any general taxes hereinafter levied and special assessments to be levied for the improvements (the "Improvements") financed by the Bonds are hereby pledged to the Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Fund to pay the same, the City Clerk-Treasurer shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of assessments for the Improvements, when collected. 8. It is hereby determined that the City will levy special assessments for the Improvements in the principal amount of at least 20% of the cost of the Improvements. To pay the City's share of the cost of the Improvements, there is hereby levied a direct, annual, irrepealable ad val- orem tax levy against all taxable properties in the City, which tax levies shall be in the years and amounts as follows (year stated being year of levy for collection the following year.) : YEAR LEVY YEAR LEVY It is hereby determined that the estimated collection of special assess- ments for the payment of the Bonds and the foregoing ad valorem tax levies will produce at least five percent in excess of the amount needed to meet, when due, the principal ~nd interest payments on the Bonds. The City Clerk-Treasurer is directed ..to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. 9. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as folloWS: (a) The City will cause the assessments for the Im- provements to be promptly levied so that the first install- ment will be collectible not later than 1982 and will take all steps necessary to assure prompt collection. The City Council shall cause all further actions and proceedings relative to the making and financing of .the Improvements financed hereby to be taken with due diligence that are required for the £on~tru£ti0n of e~ch ImDrovemen% ~inanee~ wholly or partly from the proceeds of the Bonds and for the final and valid levy of special assessments and the appro-_ priation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in any grants, funds, investment income or special assessments pledged or appropriated for payment of the principal of and interest on the Bonds, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements relating to the Improvements, grants and pledged funds, any taxes or assessments levied therefor and other funds appropriated for Bond payment, and all collections thereof and disbursements therefrom, moneys on hand and balance of unpaid assessments. (d) The City will cause its books and records to be audited at least annually by qualified public accountants and will furnish copies of such audit reports to any in- terested person upon request. 10. The tax levy herein provided shall be irrepealable until all of the Bonds are paid, provided that the City Clerk-Treasurer may annually, prior to October 10th, certify to the County Auditor the amount available in the Sinking Fund to pay principal and interest due during the ensuing year, and the County Auditor shall thereupon reduce the levy collectible during such year by the amount so certified. 11. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 12. The Mayor, City Manager and City Clerk-Treasurer are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of said official statement or prospectus as it relates to the City. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. /zc7 7-16-80 £1T¥ OF MOUND Mound, Minnesota July 10, 1980 COUNCIL MEMORANDUM NO. 80-240 SUBJECT: Bids - Street Improvement Bids on the second part of the 1980 Street Improvements have been opened and the Engineer will have the list of bids at the July 16th meeting. rd L. Kopp ~ CITY OF MOUND, MINNESOTA 1980 STREET IMPROVEMENTS - SECTION 2 July 11, 1980 Bid Tabulation Bid Planholder Bond Arcon Construction Mora, Minnesota 55051 Duininck Bros. & Gilchrist Prinsburg, Minnesota 56281 G.L. Contracting P.O. Box 340 Hopkins, Minnesota 55343 Hardrives, Inc. 3030 Harbor Lane Suite 216 Minneapolis, Minnesota 55441 / C.S. McCrossan, Inc. Box AD Osseo, Minnesota 55369 Amount $2,021,766.75 $2,057,23] .90 $1,949,126.75 $2,020,628. O0 Planholder Northwest Asphalt, Inc. 10185 Crosstown Circle Eden Prairie, Minnesota 55344 Progressive Contractors, Inc. 8736 Zachary Lane Osseo, Minnesota. 55369 Bid Bond Amount $2,014,729.85 $2,100,226.50 Comments Comments 7-16-80 CITY OF MOUND Mound, Minnesota July 10, 1980 COUNCIL MEMORANDUM NO. 80-241 SUBJECT: Fire Station Addition Bids Bids on the Fire Station addition have been opened and are as follows: ABJ Enterprises, Inc., Excelsior H & H Enterprises, Watertown Keho Construction, Edina Knutson Construction Co., Minneapolis Earl Weikle & Sons, Inc., Minneapolis $83,740.00 70,980.00 71,000.00 106,591.00 69,700.00 This will be considered on July 16th. 7-16-80 Hound, Hinnesota July 10, 1980 COUNCIL MEMORANDUM NO. 80-237 SUBJECT: County Road 110 Mr. Vern Genzlinger of the County Highway Department will be at the July 16 meeting to discuss County Road 110 construction. They plan a 52 foot street from Bartlett Boulevard (County Road # 12.5) to Three Points Boulevard and then some other work on the present road North of Three Points Boulevard. 7-16-80 CITY OF MOUND Mound, Minnesota July 10, 1980 COUNCIL MEMORANDUM NO. 80-244 SUBJECT: Sports Center Jim Paradise will be present to report on the status of the Sports Center proposed lease. -LSonard L. Kopp ~' ! 7-16-80 CITY OF MOUND Mound, Minnesota July 9, 1980 COUNCIL MEMORANDUM NO. 80-235 SUBJECT: Request for 3.2 Beer License Attached is a copy of an application requesting a 3.2 beer license from Our Lady of the Lake Church of Mound to sell beer on August 24. APPLICATION FOR CHARITABLE ORGANIZATION 3.2 BEER PERHIT 1. Name of Organization (/ F~ ~ ~ ' 3- Name of Person Applying for Permit ~ c// 4. Organization Title of Person Applying for Permi~ 6.7 ~ddress at whi hl Permit will be us~d~ )~~.."~~~--~. oes the Organ'zation Carry Liquor Liability l~'surance__~ " 8. If answer to No 7 is YES, please list: (~) Amount of Coverage~' ~_/)1,-~) /~r-~ . 9. If this application to sell 3.2 Beer is on property owned by a public agency other than the City of Mound, written notice from the public agency giving permission for such sales must accompany thisapplication? (a) I% such written permlsssion attached ?~..~~ 10. If this'application is a request to sell 3.2 Beer on City property, the City requires Liquor Liability Insurance with limits of $300,00.~ 7-16-80 CITY OF MOUND Mound, Minnesoa July 10, 1980 COUNCIL MEMORANDUM NO. 80-242 SUBJECT: Tax Forfeit Land At the last Council meeting, the new tax forfeit land list was discussed and the Council withheld action on one item: Lots l, 2 and the North 35 feet of Lot 3, Block 6, Dreamwood In 1975, Lot 4 and the South 5 feet of Lot 3, Block 6 went tax forfeit and it was held off sale. It is recommended that Lots 1, 2, 3 and 4 be combined and sold as one building site. This area is zoned 6,000 square feet and there is prob- aEly 8,000 square feet of land in the four lots. A setbac~ variance will have to be granted for a building. '~L-~c~nard L. Kopp L d',,!E '13 CITY OF MOUND Mound, Minnesota July 10,'1980 COUNCIL MEMORANDUM NO. 80-243 SUBJECT: Tax Forfeit Land The current tax forfeit list has Lot 8, Block 24, Wychwood, as tax forfeit. A few years ago, we held off sale Lot 9 when it was tax forfeit. The two lots together have about 6,800 square feet. It is recommended the lots be combined and put on sale. 0 NOIllY03 7-1 ~=80 CITY OF MOUND Hound, Minnesota July 10, 1980 COUNCIL MEMORANDUM NO. 80-236 SUBJECT: Dock Permits Attached is a list of recommended dock permits. that these be granted. It is recommended Also attached is a list of refunds that will appear on the list of bills. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 July 9, 1980 DOCKf) 00120 60985 13120 41140 01150 41050 20950 30450 10640 60825 33120 13090 02840 41100 01680 00115 TO: FROM: SUBJECT: Leonard Kopp Dock Inspector Dock List #3, Addendum #2 The following people qualify for approval of their dock permit. FEE NAME ADDRESS ABT PAID Buher, L; 1680 Bluebird Lane no 14.50 Berry, Ken; 2887 Halstead Lane no 27.00 Brodersen, Steve; 1708 Dove Lane no 27.00 Brooks, Ken; 4601 Island View Dr. yes 14.50 Byrd, Julie; 1551 Bluebird Lane yes 27.00 Carleton, Richard; 3012 Devon Lane no 14.50 Carlsen, Martin; 5782 Elm Road no 27.00 Carlson, Dick; 4832 Longford Road yes 54.00 Carlson, Scott; 1742 Wildhurst Lane no 27.00 Cassel, Tom; 6044 Ridgewood Road no 25.00 Cheesebrough, Joan; 4536 Denbigh Rd. yes 27.00 Ellis, David; 1729 Dove Lane yes 27.00 Fiveland, Diane;.3341 Tuxedo Blvd. no 25.00 Harrell, Keith;;3188 Tuxedo Blvd. no 27.00 Hillier, Willier; 1551 Canary Lane yes 14.50 Hodena, H.; 1672 Bluebird Lane no 27.00 DOCK TYPE PHONE S _none S 2-3305 S 2-6004 S 2-1878 S 2-3882 S 2-5873 S 2-6052 L-10 2-4102 S 2-6188 S 2-4390 S 2-3296 S 2-6609 S 2-4546 S 2-1043 S 2-3335 S 2-1088 SUBJECT: Dock List #3, Addendum #2 (Continued) Page 2 DOCK# 32600 20460 20460 40965 30510 43180 13480 23150 60865 32940 60865 23275 ..... 32010 51315 20250 23110 1375O NAME ADDRESS ABT Hopkins, Dennis; 4609 Wilshire Blvd. no Jordahl, Ron; 2710 Halstead Lane no Lohn, Ron; 3212 Roxbury Lane no Miller, James; 4529 Tuxedo Blvd. no Newman, 3eff; 4828 Longford Road yes Paist, Herb; 4829 Island View Drive; yes Pavey, Robert; 1721 Bluebird Lane no Reese, Mike; 4707 Manchester Rd. no Selden, Pat; 5960 Ridgewood Rd. no Sapper, Steve; 4400 Wilshire Blvd. no Savage, Mike; 3125 Highland Blvd. no Steiner, Margaret; 5035 Edgewater Dr. no Swanson, John; 2653 Shannon Lane no Swanson, Sally; 2901 Cambridge Lane yes Winter~, Mike; 6023 Cherrywood Lane no Paying added fee for dock additions. Bame, William; 5054 Bartlett Blvd. no Edwardson, Jeff; 1701 Avoget Lane no FEE DOCK PAID TYPE PHONE 27 · 00 S 2-1411 27.00 S ~ 2-6549 25.00 S 2-336.3 25.00 S 2-6593 25.00 S 2-5209 27.00 S 2-3747 27.00 S 2-4521 27.00 S 2-3678 27.00 S 2-4302 25.00 S 2-1875 25.00 S 2-3591 14 . 50 S 2-6703 25.00 S 2-6793 27.00 S 2-3208 27.00 S 2-5764 36.00 L-8 2-6568 31.50 L-7 2-4715 Resp. ect fully, Don Rother Dock Inspector 10,421.85 + 88~.00 11,301.85 - 383.50 10,918.35 List #2 List #3 Less Refund of July 9, 1980 Net DR/j cn _ / & 2' ~ CITY of MOUND. 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364. (612) 472-1155 July 9, 1980 TO: FROM: SUBJECT: Leonard Kopp Dock Inspector Refunds for 1980 The following people qualify for a refund for reasons given. Berry, Ken; 2887 ~lstead Lane Hasteller, Gene; 2982 Westedge Blvd. Carlson, Scott; 1742 Wildhurst Ln. Archer, Richard; 1731 Wildhurst Ln. Cassel, Tom; 6044 Ridgewood Rd. Bill, John; 3135 Priest Lane Dexter, Dave; 4440 Radnor Lane Miller, James, Jr; ~529 Tuxedo Blvd. Swanson, John; 2653 Shannon Lane Gorton, Jay; 2926 Dickens Lane Lohn, Ron; 3212 Roxbury Lane Jordahl, Ron; 2710 Halstead Lane Senneka, Herman; 5860 Lynwood Blvd. Carlsen, Martin; 5782 Elm Rd. Munson, Don; Box 68, Mound Lee,Art; 2192 Chateau Lane Goodman, Ron; 4679 Manchester Rd. Winters, Mike; 6023 Cherrywood Rd. Mason, Stanley; 5447 Breezy Rd. Savage, Mike; 3125 Highland Blvd. Salden, Pat; 5960 Ridgewood Rd. 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 12.50 Sharing Raparz, Ed; 2930 Cleveland St. N. E. Mpls, Mn, 55418 31.50 Shay, Roger; 5445 Spruce Zerlinger, Dick; 1585 Gull Mallak, David; 5511 Spruce 25.00 27.00 25.00 Over paid Respect fully Don Rother Dock Inspector DR/jcn CAncelled out Cancelled out 'Cancelled out 383.50 Total Refunds 7-16-80 CITY OF MOUND Mound, Minnesota July 10, 1980 INFORMATION MEMORANDUM NO. 80-60 SUBJECT: Drug Paraphernalia Attached is a memorandum from the Association of Metropolitan Muni- cipalities on the subject. They also supplied a copy of the Brooklyn Park Ordinance if the Council wants to get into this. ./ association of metr. oj o![t,.an munlclpalli'le$ July 9, 1980 TO: FROM: SUBJECT: CHIEF ADMINISTRATIVE OFFICIAL RICHARD ASLESON, PRESIDENT SALE OF DRUG PARAPHERNALIA The issue of drug paraphernalia sales or "Head Shops" has been submitted to the Board of Directors and appropriate committees of both the Association of Metropolitan Municipalities and League of Minnesota Cities. At least one city is trying through the courts to develop a constitutionally valid ordinance that cities could adopt for the contr, ol of such sales. The cities of Eagan and Brooklyn Park have requested funds and support to carry on the battle ..... ''" It is policy of both the LMC and AMM that neither organiza- tion contribute to or enter into court action in District. Court. However, both have in the past submitted Amicus Curiae briefs at the Supreme Court level on certain issues, and as a service to member cities provided information to the organiza- tion membership for individual action and direct contribution to the requesting city at the discretion of the individual council. Thus, we are providing for your information a copy of background data and request for support from the Mayor of Eagan and the Mayor of Brooklyn Park.. Also enclosed is a copy of the new ordinance developed by Brooklyn Park. If you wish to support or.participate in the process of defending the'consti- tutionality of this ordinance, you may wish to contact the city of Eagan as per the enclosed background letter from Mayor Blomquist. Enclosures (3) 7-16-8o C~¥ OF ~OUND Mound, Minnesota July 7, 1980 INFORMATION MEMORANDUM NO. 80-61 SUBJECT: AMM Levy Limit Seminar Attached is a copy of a memorandum from the Association of MetropOlitan Municipalities relative to a Levy Limit Seminar they are sponsoring to be held Thursday afternoon, July 31, 1980 from 1 P.M. to 4:30 P.M. Please let us know prior to July 25th if you wish to attend this seminar so that we may make the reservations. aseociation of metr. oj o!!t.an munlcipalll'le,. July 30, 1980 TO: AMM MEMBER FROM' MUNICIPAL OFFICIALS ROGER PETERSON, DIRECTOR LEGISLATIVE AFFAIRS As an aid to city officials, the AMM is again sponsoring a half day seminar on levy limits and state aids, how they interact and how to best utilize them° Included in the Agenda this year will be a discussion on assessed value calculation changes for property taxes, a discussion on the new procedures for improved assessment hearings, some of the major property tax law changes, and what we, as local officials, need to do to influence local government destiny in the legislature° Proper understanding and use of levy limitation provisions are vitally important for all cities and city officials. The laws are complex and often misunderstood° The seminar is designed to provide that understanding and knowledge in a comprehendible manner so that officials will have as much flexibility as possible for local budget preparation. Although this seminar is similar to previous years, it will serve as a good refresher for current budget activities, and included will be a discussion of the aid £ormula as well as other property tax law changes~ Newly elected and appointed officials~ those unable to be at the ~yious .sessiQn~ and past partici~n.~s,..~re ~r~ed to attend~ ae ociation of metr. o o!it.an mun apa l' ee BgLL[T SPECIAL SEMINAR LEVY LIMITS: HOW TO MAKE THE BEST OF A COMPLEX TAX LAW TANGLE PLACE: ST. PAUL CIVIC CENTER (3M and Hoerner-Waldorf Rooms, C15-C16) 4th St. Entrance, left of main lobby at bottom of stairs. DATE' Thursday, July'31, 1980 TIME' 1'00 PoM~ to approximately 4'30 P.M. (parking available in Civic Center Ramp on Kellogg Boulevard - coffee and soft drinks provided.) COST: Fee to defray room, material, and beverage expense: Member: $5°00 AGENDA 1o Brief history of levy limit and changes since 1971. 2. How to calculate levy limit. 3o State Aids (the new aid formula). 4. Levy Limit/State Aid InteraCtion. 5. Special base adjustment provisions. 6. Special levies° 7o 1979 and 1980 changes affecting property tax and assessed value calculation. 8o Hearzng procedure for local improvement assessments. 9o Local influence for the coming year.. The afternoon will be extremely informal, with opportunity for much discussion~ It is requested that advance reservations be made no later than July 28, 1980, by returning the attached regis- tration form or calling Odelia (222-2861). Limited registrations will be accepted at the seminar° 300 hanover bldg. 480 cedar street, st. paul, minnesota 55101 (612) 222-2861 AGENDA Minnehaha Creek Watershed District July 17, 1980 Wayzata City Hall 7:30 p.m. Call to order; present, absent, staff. Reading and approval of minutes of regular meeting, June 19, 1980. Approval or amendment of July 17, 1980, agenda. Hearing of permit applications. A. 78-76. K. Lawson- reinstatement of shoreline rip-rap permit~ 3790 County Road 44, Upper Lake Mi nne tonka, ~Minne tr i sta. B. 79-23. J. Barron & Associates - reinstatement of grading/drainage permit for "South Lake Virginia Shores," 18-lot residential subdivision, southwest shore of Lak~ Virginia, Victoria. C. 80-47. City of Edina - Utility crossing of Minnehaha Creek at west 44th Street, Edina. . - Sheridan D. 80-48 City of Minnetonka utilities, " ' ~Spur 2nd Addition," "Oakways Park, "Foxgate, · "Copper Ridge 2nd Addition," and "St. Mark's Estates," Minnetonka. E. 80-49. D.W. Gustafson - shoreline rip-rap permit, 2683 North Shore Drive, Crystal Bay-Lake Minnetonka, Orono. F. 80-50. L. Herman - shoreline rip-rap permit, 1098 Loma Linda Avenue, North Arm-Lake Minnetonka, Orono. G. 80-51. J. Pelhal - shoreline rip-rap permit, 150 Interlachen Lane, Lake Minnetonka, Tonka Bay. H. 80-52+. S.J. Groves - grading/drainage permit, "Meadowwoods," 14-lot subdivision, southeast quad- · ra~- No. 24, Medina. I~ules - shoreline rip-rap permit,.Lot~ / 6~e Btuffs~" Halsteads B~y-Lake Minne-J tonka, Mound. ~ ~. "'. 80--54. Minnesota Department of Transportation -- ~I~ bridge replacement, T.H. 7 over Minnehaha Creek, ~.~ Hopkins and St. Louis Park. K. ~'~0~5. City of Mound - utilities, · -- ti~s, Mound. various loca- 0 80-56. D. Presser - shoreline rip-rap permit, 19785 Lakeview Avenue, Lake Minnetonka, Tonka Bay. Mo 80-57. B. Prince - rip-rap, Big Island, Lake Minnetonka, Crone. 5. Correspondence. Hearing of requests for petitions by public for action by the Watershed District. 7. Reports of Treasurer, Engineer and Attorney. Treasurer's Report - Mr. Russell (1) Administrative Fund Report (2) Minhehaha Creek Improvement Project Fund Report Engineer's Report - Mr. Holmquist (1) (2) (3) (4) (5) (6) (7) (8) (9) Minnehaha Creek Improvement Project Update Upper Watershed Study Update Local Comprehensive Plans Review - Shorewood, St. Bonifacius, Crone DNR "Public Waters" Inventory 208. Program Lake Study - Lake Minnetonka Pump House Demolition Erosion/Siltation Problem - Westmark Estates, Minnetonka Galpin Lake Drainage Improvement Petition Minnehaha Creek Monthly Flow Report C. Attorney's Report- Mr. Macomber (1) (2) Contract with Minnetonka Insurance Coverage 8. Unfinished Business. A. Bridge Obstruction at 11907 Cedar Lake Road B. District Regulation Revision C. Upper Watershed Storage and Retention Project D. : Minnehaha Creek Improvement Project E. Galpin Lake Storm Drainage Improvement Project New Business. 10. Adjournment. MINUTES OF THE REGULAR 5~EETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT June 19, 1980 ~ Yhe regular meeting of June 19~ 1980, was called'to order' by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers Present: Cochran, Lehman, Thomas and Gudmundson Manager Absent: Russell Also present were board advisors Holmquist, Fretheim and Macomber. Approval of Minutes The minutes of the regular meeting of May 15, 1980, were reviewed. Following discussion, it was moved by Lehman, seconded by Thomas, that the minutes be approved as published. Upon vote the motion carried. Approval of Permit Applications The managers reviewed a written memorandum from the engineer dated June 12, 1980, summarizing the nature of the following applications, indicating that they comply with the standards of the district, and recommending approval on the terms and conditions as set forth in his written memorandum: R. Peterson - reinstatement of a shoreline rip-rap permit, Priests Bay-Lake Minnetonka, 5950 Hardscrabble Point Circle, Minnetrista. 76-56. __~-~S~tz~'~reinstatement of a shorel~n~ rip~ap~ permit, Morton Channel, Harrison Bay-Lake Minnetonka, 5240 Pike Road, Mound. ~---~-73~29. ~ Hennepin County - shoreline rip-rap, Seton Channel-Lake Minnetonka, Spring Park. 80-35. Hennepin County - shoreline rip-rap and dredging in the channel to Tanager Lake- Lake Minnetonka, Orono. 80-36. ~age 2 Hennepin County - shoreline~ip__L~ap and dredging in ~he channel~t-6-~ib~S L-ake~ ~_f Mound - street construction and ~ / th~ent of utilities in the "Duroc. _~ f Lake Area" and the "Highland Are~,'J~M6und. , %, 80-39. _..~ ..... ~ ...... ~'; _~~itenki - sheeting of shoreline, Fore~ff~~ ~ Lake-_Lak_e Mi_nnetonka, 4510 North Shore Drive, Mound. 80-40. --~ ~~ ~ ~'f' SPring Park - placement of storm sewer along Lafayette Lane, Spring Park. 80-41. N. Grossman - shoreline rip-rap, Upper Lake Minnetonka, 95 Claycliffe Drive, Tonka Bay. 80-43. City of Minnetonka - the application is for the placement of storm sewer in the vicinity of Tonkawood Road and Robinwood Drive, Minnetonka. 80-45. T. Mortenson - shoreline rip-rap, West Arm-Lake Minnetonka, 1971 Fagerness Point Road, Orono. 80-46. Following discussion, it was moved by Thomas,. seconded by Lehman, that the above permits be approved and issued subject to all terms and conditions recommended by the engineer. Upon vote the motion carried. G. Rowlette - shoreline rip-rap, StUbbs Bay-Lake Minnetonka, 3775 Bayside Road, Orono. Application No. 80-33. The engineer reviewed the application for rip-rap placement and recommended approval subject to the standard conditions of the district regarding placement of rip-rap. Following discussion, it was moved by Thomas, seconded by Gudmundson, that the application be approved as recommended by the engineer. Upon vote the motion carried. City of Minnetonka - utilities - Sherwood Hills Road and .Byrnes Road, storm sewer - Cedar Hills Boulevard, street construction and utilities-Windsor Lake Lane, Minnetonka. Application No. 80-38. The engineer reviewed the application of the City of Minnetonka for placement of utilities and street con- struction at Sherwood Hills Road, Byrnes Road, Cedar Hills - ' ;~.~A~n Newspapers"~Wed.,~July 9, 1980' ;!~?:.'g~ound .involves :.J several 0~'- ' key ,to ;a -. ~aceful. for_:-a; solutmn~ to, ~e [po ce .,ial:vote.~ o[-~e M~ne~ Ci~ Co~cil not to v~rcome 'at i~st glanc~; Hke-.a ~ugh hurdle, tO jj,;',. ~¥~e.to~s ~ the police ~verage area respond on ~:~?~e~ ~n~ by'J~y l~.There's sti~ plenty 6[ time lef~ ;~;;;~fore-~e ~ntra~t ~ns out~ and ci~' officials ~(';::~;~,.'~As ;explained by a law- enforcement ,planing ~ ~-~Ata'time w~enmxpayem are m~nse!y upset ==~::.~e nsmg cos~ of hying m ~e suburbs; ~s Is not ~e' J ~'~"'. ~de~,: share'i~ ~licedepa~ment. Equal repre-~ ¥ sen~tion ~ probably out' of ~e question for valid. ]980 BUDGET REPORT June .5000 % )EPARTMENT BUDGETED CURRENT EXP. Y-T-D EXP. ALLOWED ACTUAL )2011 COUNCIL ~ 19,O~5.OO 6,242.95 11,515.84 . 9,532.50 .6otto )3012 HUMAN RIGHTS 450.00 O 37.47 225.00 .0830 34013 MANAGER 90.208.00 1,214.45 53,215.87 45,104.00 .5900 36014 ELECTIONS 6,490.00 31.00 186.00 3,245.00 .0290 37015 ASSESSING 34,050.00' 21.O0 510.01 17,025.00 .0150 3901.6 FINANCE 106,796.00 - 5,326.35 53,414.69 53~398.00 .5000 11018 LEGAL 14,OOO.00 1,166.67 7,000.02 7,000.00 .5000 llll8 PROSECUTING 11,275.00 0 -5,061.00 5,637.50 .1~490 14031 POLICE 522,699.00 29,101.06 288,192.59 261,349.50 .5510 17032 FIRE 115,920.00 6,813.80 44,841.01 57,960.00 .3870 19033 INSPECTIONS 31,944.OO 1,283.87 18,090.64 15,972.00 .5660 19935 PLANNING 13,655.00 847.32 7,934.52 6,827.50 .5810 21034 CIVIL DEFENSE 9,045.00 524.50 1,454.10 4,5221.50 .1610. 28042'STREET ~ 253,585.00 19,746.98 151,334.50 126,792.50 .5970 29743 SHOP & STORE 37,295.00 1,927.48 15,373.87 18,647.50 .4120 35847 DISEASED TREES 49,O15.00 1,746.46 15,849.05 24,507.50 .3230 34069 PARKS 74,725.00 10,698.29 45,415.95 37,362.50 .6080 30082 TEMPORARY LABOR 4,000.00 1,209.00 !,297.20 2,000.00 .3240 ~5091 LIQUOR 181,138.00 '8,723.15 86,437.69 90,569.00 .4770 ~OO78 SEWER 390,325.00 47,807.61 169,732.29 195,162.50 .4350 ~O173 WATER 250,667.00 24,791.29 14~,196.71 125,333.50 .5670 ~8 IMP EQUIP OUTLAY 1~0,670.00 28,340.00 44,727.50 50,335.00 .4440 30 CEMETERY 3,3~O.O0 134.O0 849.00 1,675.00 .2530 32 RETIREMENT .75,518.00 6,030.14 38,859.29 37,759.00 .5150 ~5 FIRE RELIEF 46,306.00 551.24 551.24 23,153.OO .0120 ~5 WATER REVENUE 37,136.00 0 29,966.93 18,568.00 ~8070 ~3 CONTINGENCY 20,000.00 0 0 10,000.00 O TOTALS 2,4'99,327.00 204,278.61 ,234,044.98 1,249,663.50 .4940 CITY OF I~OUND Mound, Month of J.u.,n~ !980 · Monthly ~ct~v~t~ Report o~ Street Deo~rtment & Shop This Lest 'This Y~'~ "' To'D~e - Work Unfts ~'~onth Month to Dete L~st Year Street S en~&.Ice Control ,,99, ) : - 0 '~/.~ ' ..... . . ,'~-.~ ~ ~ --. CITY O? ~,;OJiqD l'Iound ~ l'!innesoha P, onthly Activity Report Sewer Dep~rtment Work Units Admlnistration Station Naint. & Insp. Office Routine 14ainto & Repair Schools #60o ~6o2 This Month Lash Month This Year to Date Last to Dar, #6o3, #6o5 #617 Sewer Maint. Cleaning Miscellaneouse #619. //621 MOUND, ~iI,~N ES OTA Monthly Ao~[v[ty Report of W~er D~par~men~ Work Units ~;ionth }-ionLh to DaLe to Dat~ -~ ~ ,~ ~ - . Main, Bre~kS CITY OF MOUi~D EOUND, I~IEN 'ESOTA Pege 9 Month o£ ..... june..1980 Monthly Activity Report o£ Water Department Work Units No. Tir.,.es Checked Pumo #1 This [Last }ton~h I-~onth No. Ti~es Checked Pumo ~P No. Ti~s Checked Pumo #3 ~/ -~ No. Times Checked Pumo ~h No. Tizes Checked Pumo ~ No. Trines ~,hecke~ Pumo ~6 No. Times Checked P~m~ ~7 Shoo #?99 This Year to Date Last Year to Date CITY of MOUND July 7, 1980 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364. (612) 472-1 t55 Mr. Erie Sorensen, Administrator City of Minnetrista 7701 County Road 110 West Mound, MN. 55364 Dear Mr. Sorensen: The City Council discussed your letter of June 27, 1980 relative to Minnetrista's decision not to continue with the police service after December 31, 1980. The Council directed that I write and congratulate Minnetrista on its decision to go on its own with police service'and to wish you the best of luck on your endeavor. We appreciate the years we have worked together on the police ser- vice and appreciate the time Mayor Ehrman and you spent on the negotiations. Sincerely, LLK/ms cc; City CoUncil SOUTHWEST SANITARY SEWER ADVISORY BOARD Area 1 ~ Minnetonka Area 2 -- Eden Prairie Area 3 -- South o! Minnesota River Area 4 ~ Chanhassen and Chaska Area 5 ~ Shorewood, Excelsior. Deephaven, Greenwood. Tonka Bay, Woodland Area 6 -- Wayzata, Orono, Long Lake, Medina Area ? -- Victoria, Mound, St. Bonifacius. Minnetrista, Maple Plain, Independence, Spring Park 20225 Cottagewood Road in Doophavon EXCELSIOR, MINNESOTA 55331 MINUTES OF MEETING HELD'JANUARY 17, 1980 Present: Oberhauser, DeGhetto, Widmer and Britzius. 'The minutes of the July 19, 1979 meeting were approved as distributed. It was reported that the balance in the bank was $31.35. Considering the balance of $7.34 in the postage petty cash fund, the net fund bal- ance is $38.79. Report approved on motion by DeGhetto, seconded by Wid- mer and passed unanimously. It was decided that no dues billing for 1980 would be necessary. The next item considered was the election of officers. By motion of Widmer and seconded by DeGhetto, the previous officers were re-elected for 1980. They are: Louis Oberhauser Robert DeGhetto Charles Britzius - Chairman - Vice Chairman - Secretary-Treasurer The activities of the Waste Control Commission were discussed. The cap- sulated summaries in the Outfalls were helpful. It was noted that a stipulation agreement had been agreed upon with the Minnesota Pollution Control Agency. Construction progress at the Metro Plant was discussed. In the Southwest Service Area, the completion of the Savage Plant was noted as was the almost completion of the Drono-Long Lake Interceptor. Progress of the 201 System wide study was discussed noting the public meetings are to be held January 22, 23 and 24, 1980, prior to Public Hearings in June. It was decided that Board meetings would be held each six months unless there was need for special meetings. The next meeting will be held on July 17 at the Wayzata Skyway Plaza Building, 1421 E Wayzata Boulevard. BOARD MEMBERS Nor_man W. Paurus. Chairman Orono Edward G. Bauman. Vice Chairman Tonka Bay Jerry Johnson, Secretary' Excelsior Frank R. Hunt, Jr.. Treasurer Spring Park David E~oles Minnetonka Beach Robert T Brown Greenwood Walton E. Clevenger Minnetns~a Richard J. Garwood Deephaven Robert S. MacNamara Wayzata Robert O~ Naegele. Jr. Shorewood David F Nixon Laketown Township Robert K. Pillsbury Minnetonka Robert E. S[ocum Woodland Richard J. Soderberg Victoria Donald Ulnck LAKE MINNETONKA 402 EAST LAKE STREET CONSERVATION DISTRICT WAYZATA, MINNESOTA 55391 T ELEPHON E 612/473-7033 June 27, 1980 FRANK MIXA, EXECUTIVE DIRECTOR TO: LAKE MINNETONKA CONSERVATION DISTRICT MUNICIPALITIES Attached is the 1981 Lake Minnetonka Conservation District budget which is generally categorized as to purpose. Minnesota-Statute Chapter 907 Section 4 provides: ...expense of the district shall be borne by the municipalities. The portion of the expenses borne by each municipality shall be in proportion to its assessed valuation. Section 5 provides: ~ The board of directors of the district shall on or before July 1 of each year, prepare a detailed budget of its need for the next calendar year and certify the budget on that date to the governing body of each municipality in the district together with a statement of the proportion of the budget to be provided by each municipality. The governing body of each municipality in the district shall review the budget, and the directors, upon notice from any municipality, shall hear objections to the budget and may, after the hearing, modify or amend the budget, and then give notice to the municipalities of modifications or amendments. It shall be the duty of the governing body or board of supervisors of each municipality'&n the district to provide the funds necessary to meet its proportion of the total cost to be borne by the municipalities as finally certified by the directors, the funds to be raised by .any means within the authority of the municipalities and to pay the funds into the treasury of the district in amounts and at times the treasurer of the district may require. The municipalities may each le~y a tax not to ~xceed one mill on the taxable property located .therein, to provide such funds. Said levy shall be within all other limitations provided by law. ~This budget may be subject to change upon final determination of license fees, presently under consideration by the Board. If you have any questions regarding this budget or any particular 'informAtion as it relates to the activities of the District, please contact me. Respectfully submitted, Frank Mixa, ExecutiVe Director Lake Minnetonka Conservation District MI NNETONKA CONSERVATION 1981 PROPOSED BUDGET 1978 1979 ACTUAL ACTUAL REVENUE LMCD Communities Other Income TOTAL GENERAL FUND REVENUE 'DISBURSEMENTS General Fund - Administration CT 1980 JAN-APR 1980 ESTIMATE 1981 PROPOSED $60,172 $56,205 $41,181 $58,309 $61,807 17,513 16,243 3,658 10,200 15,308 77,685 72,448 44,839 68,509 77,115 Personal Services Salaries 32,866 35,081 Auditing Services 325 355 Total Personal Services.. 33,191 35,436 Contractual Services Telephone 457 356 Postage 970 896 Prtg., Pub., & Adv. 732 1,29o Utilities 204 266 Maintenance - Office Equipment 723 Janitorial Services 456 456 Other Contractual Services 1,621 1,433 Total Contractual Services 4,440 S,420 Commodities & Supplies Office Supplies 1,728 1,351 Books & Periodicals 78 74 General Supplies 93 109 Total Commodities & Supplies 1,899 1,534 Other Charges Office Rent 1,980 1,980 Office Equipment Rent 2,776 702 Insurance & Bonds 617 723 Memberships 135 135 Employer Contributions 4,705 5,311 Mileage & Expenses 432 661 Total Other Charges $10,645 $9,512 38,733 360 39,093 426 1,000 1,800 325 9OO 510 1,600 6,561 1,400 105 110 1,615 1,980 70O 135 5,850 1,000. $9,665 12,911 12,911 142 367 89 95 309 114 677 1,793 237 7 43 287 660 50 70 2,029 204 $3,013 41,570 375 41,945 460 1,000 1,350 35O 930 540 1,800 6,430 1,500 105 110 1,715 1,980 760 135 6,200 1,000 $1o,o75 /c3 , 19B1 LI%D Budget Page 2 1978 Actual DISBURSEMENTS (Cont.) General Fund - Administration (Cont.) Capital Outlay Office Furniture, Fixtures & Equipment 458 Total Capital Outlay 458 Total General Fund - Administration 50,633 General.Eund - ~egal' Legal Services 11,897 Total General Fund - Legal 11,897 General Fund - Committees & CQnt.inge~,cy Committees & Contingency 783 Total General Fund - Committees & Contingency 783 ~OTAL GENERAL FUND - DISBURSEMENTS $63,313 1979 Actual 6,118 6,118 58,020 13,089 13,089 1,124 1,124 $72,233 1980 Jan-Apr 18,004 4,872 4,872 963 963 $23,839 1980 Estimate 95O 95O 57,884 12,000 12,000 1,700, 1,700 $71,584 1981 Proposed 950 950 61,115 12,000 12.,000 4,000 4,000 $77,.1..15 ,1981 LMCD Budget Page 3 LAKE MINNETONKA CONSERVATION DISTRICT 1981 PROPOSED BUDGET DISTRIBUTION OF EXPENSE % of Assessed Total Value Assessed 1/3 Mil (1,000's) Valuation Taxable Deephaven 26,636 5.2 8,879 Excelsior 13,593 2.7 4,531 Greenwood 5,008 1.0 1,669 Laketown Township 2,590** 0.5 863 Minnetonka 245,723 48.4 21,865' Minnetonka Beach 5,796 1.1 1,932 _Minnetrista 19,992 3.9 6,664 Mound 40,304 7.9 13,435 Orono 55,096 10.8 18,365 Shorewood 29,372 5.8 9,791 Spring Park 8,495 1.7 2,832 Tonka Bay 10,409 2.1 3,470 Victoria 5,856 1.2 1,952 Wayzata 33,454 6.6 11,151 Woodland 5,780 1.1 1,927 TOTAL $508,104 100.00% $109,326 *Maximum of **by special law during annexation % of Budget Resulting from $12,631 Maximum to Minnetonka 8.2 4.2 1.5 0.8 20.0 1.8 6.1 12.2 16.7 9.0 2.6 3.2 1.8 10.1 1.8 100.00% Share of $61,807 1981 Budget. 5,068 2,596 927 494** 12,361' 1,113 3,770 7,540 10,322 5,563 1,607 1,978 1,113 6,242 1,113 $61,807 '1981 LMCD Budget , Page 4 LAKE MINNETONKA CONSERVATION DISTRICT 1981 PROPOSED BUDGET COMPARISON 1980 - 1981 TAX LEVIES Share of $59,575 1980 Budget Share of $61,807 1981 Budget Change 1981 Deephaven Excelsior Greenwood Laketown Township Minnetonka Minnetonka Beach Minnetrista Mound Orono Shorewood Spring Park Tonka Bay Victoria Wayzata Woodland 4,766 2,442 834 1,728 (462)** 11,915' 1,013 3,515 7,209 9,532 5,064 1,489 1,668 1,013 6,315 1,072 5,068 2,596 927 494** 12,361' 1,113 3,770 7,540 10,322 5,563 1,607 1,978 ' 1,113 6,242 1,113 + 302 + 154 + 93 + 32 + 446 + 100 + 255 + 331 + 790 + 499 + 118 + 310 + 100 - 73 + 41 TOTAL $59,575 $61,807 +3,498 *Maximum by law **by special law during annexation TD: EXECUTIVE COMMITTEE FROM: F. Mixa DATE: June 22, 1980 SUJ: 1981 Budget Attached is the proposed 1981 budget for the District. The total budget re- quest of $77,115 represents an increase of $3,498 (6%) more than last year's $59,575 levy, adjusted under law for the Laketown annexation, and an increase of $5,108 (50%) over last year's. $10,200 in anticipated Other Income. Distribution of the levy to the villages would also be an increase of approxi- mately 6% over last year, depending on relative changes in assessed values. The budget levys approximately 56.5% of the 1/3 mil allowable under the Statute. This ratio has been declining since 1975. The budget provides the following adjustments- 1. 6% for salary increases: 2. A reduction of $600 under printing, publication and advertising for the 1980 publication of a general public information bulletin on LMCD; o me Continued adjustment in the Office Equipment Rental, reflecting the purchase of the Xerox machine; Continued adjustment in the Capital Outlay to replace funds expended for the Xerox purchase, and an increase for other future office equipment purchases; The Legal budget is anticipated to increase from $9,000 to $12,000 in 1981 to provide for anticipated~court expenses; Other minor changes reflect a'djustments for increased LMCD activity or anticipated inflationary effects; and 7. Provision has been proposed for accomodating the change in Laketown parti- cipation. An increase in license fees is also anticipated to help offset increasing costs. FM/bb American Legion Post 398 DATE JUNE 30~ 19,80 CURRENT MONTH YEAR TO DATE GROSS: $2035.OO $10,635 EXPENSES: ~T,~ PAYOUT AS PRIZES: ~12oo.oo ~6o5o.oo PROFIT: $756.73 ,,,$3182.19 DISTRIBUTION OF PROFITS: LEG. UMPIRE FEFS Leg. Equipment Leg. Uniforms LeK. teasue fees Lions Little ~eaMue H.S. Band Alano 320.56 202.80 27.00 25.00 5o.oo ~ Cheok~n~ account ~2169.06