82-04-13 MOUND CITY COUNCIL
April 13, 1982
Regular Meeting
City Hall - 7:30 P.M.
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CITY OF MOUND
AGENDA
Mound, Minnesota
Minutes of the April 6, 1982 regular meeting
Senior Citizen Discount on Sanitary Sewer Bills
Report on Sirens - Verbal Report
D.W.I. Prosecution
Comments & Suggestions from Citizens Present
(Please limit to 3 minutes)
Report on City Insurance Programs - William Husbands
Water Meter Problems - Report & Demonstration
Refreshment Stand in Mound Bay Park
Payment of Shade Tree Reimbursement
Set Date for Public Hearing on Rezoning (3 acre site
On Westedge Blvd. by the Sewer Plant) from R-1 Residential
to I-1 Light Industrial - April 27, 1982 at 7:30 P.M.
L.M.C.D. Representative Resolution #81-75
Information/Miscellaneous
A. Commendation to Officer Gary Cayo
B. Metropolitan Council Bulletin
C. First Census Data - Hennepin County
D. Copy of City of Mound Dock License
E. American Legion Post 398 Report
F. Letter from MTC on Waiting Shelters
G. Minnehaha Creek Watershed District Annual Report
H. L.M.CoD. Financial Statement - 1981
Pg. 736-745
Pg. 746
Pg. 747
Pg. 748-751
Pg. 752-775
Pg. 776
Pg. 777-778
Pg. 779
Pg. 78O
Pg. 781
Pg. 782
Pg. 783-784
Pg. 785-787
Pg. 788-789
Pg. 790
Pg. 791
Pg. 792-801
Pg. 802-805
Page 735
58
April 6, 1982
John Wagman, 5469 Bartlett Blvd. was concerned that 0utlot A
would become an access for the residents of this subdivision to use
to get to the lake. Also that it would be used to enhance the
sale oS the lots by the developers.
The City Attorney pointed out that the property west of the proposed
subdivision is owned by the City and that the access of Outlot A
only abuts this property not the lake. He also pointed out that
before phase 2 could begin the developer would have to come before
the Council again for approval of that phase.
Dennis Spensley stated that he didn't like the density of the
proposed plat. He was informed that the lots meet the 10,OOO square
foot zoning for that area.
Gary Paulsen asked if the land west of Phase 2 is under water. The
Mayor responded that he thinks it is classified as a wetlands.
The Mayor closed the Public Hearing.
The Council discussed the facts that all the concerns of the persons
who spoke are dealt with in the subdivision ordinance or in the
resolution to approve this preliminary plat, Provision #1 to include
all necessary easements.
Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-84
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
THE LOST LAKE ADDITION
The vote was unanimously in favor. Motion carried.
B. CONDITIONAL USE PERMIT FOR THE ARCADE
The City Manager presented the Building Inspector's memo dated today
on the Arcade. She states it meets all the requirements. It was
approved unanimously by the Planning Commission.
The Mayor opened the public hearing and asked for any comments from
persons present. There were no comments. The Mayor closed the public
hearing.
Councilmember Swenson stated that he had been at the Arcade today and
agreed with the Building Inspector's report.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-85
RESOLUTION APPROVING THE CONDITIONAL USE
PERMIT FOR THE ARCADE AT 5558 AUDITOR'S ROAD
AND THE LICENSES TO MAY 1, 1983 - WITH THE
STIPULATIONS STATED IN RESOLUTION #81-338
The vote was unanimously in favor. Motion carried.
737
59
April 6, 1982
TRANSIENT MERCHANT - LICENSE POLICY
The City Manager asked for direction from the Council on renting the
Depot for "Sample Sales" The merchants in town do not like this practice
but the practical facts are that these sales make the Depot self-supporting
over the course of the Summer. The rent charged for a "Sample Sale" at
the Depot is $100.00 plus the transient license fee. The Legion is rcnti~,g
the|r building For these sales also but the people seem to like the location
of the Depot better. The Council felt that policy followed in the past
should continue.
CALL FOR BIDS - 1982 STREET SEAL COATING PROGRAM
The City Manager explained that this program was discussed at an earlier
meeting when the 5 year program was submitted. He also explained that
75% of the aggregate has already been hauled into town over the past
few months when the Street Department was not busy. The 1982 program
will cover 6.8 miles of streets and all the streets proposed for seal
coating are in need.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-86
RESOLUTION TO AUTHORIZE THE ADVERTISMENT FOR BIDS
FOR THE 1982 STREET SEAL COATING PROGRAM
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
Mayor Lindlan asked for any comments or suggestions from citizens present.
Bob Hanson, 5425 Bartlett Blvd., stated that he was at the last meeting
and objected to his tax dollars going to the Revitalization of Downtown
Mound because he did not shop here, does not get any services from
Downtown Mound and felt the business community should do revitalization
with their own money.
Councilmember Ulrick pointed out that the business community pays higher
taxes than residents and they need the City support to have a good balance
in developments.
Mayor Lindlan pointed out that Mound is unique in that all the upkeep the
City does for the Downtown businesses is charged back to them in assess-
ments every year.
John Wagman, 5469 Bartlett Blvd., asked if the DNR is still interested
in Lost Lake for an access? The Council stated that they have not heard
from the DNR since they were at the meeting March 23rd and from what
they can ascertain from the news media the plans have been halted.
ASSESSMENT CANCEELATION REQUEST - JAMES G. THOMPSON, 4856 ISLAND VIEW DRIVE
The City Manager suggested that Mr. Thompson explain his situation to the
Council. Mr. Thompson stated that he did not know until he received his
Tax Statement this year that he had been assessed for the part of Drummond
Road that abuts his property. He stated that he was told by the old Mayor
and Council that he would not be assessed. He felt there is no benefit
60
April 6, 1982
to his property because Drummond abuts the rear of his property and the
rear of his garage.
The City Attorney cautioned the Council that they cannot cancel an
assessment without reassessing the entire project. The appeal time is up.
The City Manager pointed out to the Council that Mr. Thompson was only
assessed a minimum ~ront Footage charge (40' x $11.70 = ~4~8.OO). The
City Engineer agreed and stated there was no error or omission.
The consensus of the Council was that they cannot cancel the assessment
because it would be a benefit to the property if the garage were torn down,
as access to the property could be obtained off of Drummond Road.
ANDERSON BUILDING OPTION - STEVE POSTHUMUS
The City Manager explained that since the articles in the newspaper
suggesting that the City was thinking about disposing of. the Anderson Building,
Mr. Steve Posthumus has submitted an option to buy the building. He proposes
to pay $500.00 for a 3 month option with a further 3 month.option for
another $500.00 and a total purchase price of $30,000.00. The City Manager
further explained that since this proposed option was received, a letter
from Mr. George Kinser has been received asking that consideration be
given to another option.
Councilmember Ulrick felt that the City should respond to the first offer
before considering another.
The City Attorney felt the language in the Posthumus proposed option should
be changed with regard to marketable title and an addition of guaranteed
performance added.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-87
RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE
AN OPTION AGREEMENT WITH PROPER LANGUAGE BETWEEN
THE CITY AND STEVEN POSTHUMUS WITH THE SAME MONETARY
TERMS AS SUBMITTED BY MR. POSTHUMUS
Discussion followed this motion. The City Attorney pointed out that
it is the Council's responsibility to get the best price it can for
the building.
Mayor Lindlan suggested that since both parties were present they
could explain their ideas on the Anderson Building. The Council agreed.
Steve Posthumus explained that his interest in the Anderson Building was
stirred by the newspaper articles and the fact that he recently completed
a project in Buffalo rehabilitating an old building into a 1st floor
retail setting and offices on the second floor. His feeling is that
the Anderson Building has potent'iai; there is a need for new merchants
and the DAC wants something done with the building. He is planning
on approximately a $500,000 renovation and has contacted some private
investment groups about financing.
61
April 6, 1982
George Kinser stated that he and 2 others are interested in developing
a family restaurant and retail shops, creating a nice looking building,
with emphasis on the restaurant. The restaurant to seat 125. There
are several problems that confront this plan: (i) the basement; (2)
parking availability; (3) the bakery next door. His attorney has
suggested they pursue bonding for the $500,000.00 they would like to
use to rehabilitate the building. This would require the City's
cooperation in selling Industrial Revenue Bonds and at this time
bonding is at 2 points below prime at 5 to 7 years and these Figures
don't work so Kinser would suggest that if the City has a firm offer, they
go with it.
Councilmember Polston asked if Posthumus had a firm plan for the building.
Posthumus replied that he did not but that a feasibility study is quite
costly and he wanted the option before he invested money in a study.
The City Attorney stated that before any option were approved, he would
like to check the State Laws to make sure the City is selling the property
properly. He also would like an appraisal of the market value of the
building; whether the City could develop tax increment financing; the
option written to include assurances that the building would be improved
and the City having a say as to how it is developed.
Polston withdrew his second and Ulrick withdrew his motion for Resolution
#82-87.
The Council took no action on the option and is now referring this item to
the City Manager and the City Attorney for further study, evaluation and
recommendations.
DATE CHANGE OF NEXT COUNCIL MEETING
Swenson moved and Charon seconded a motion to set the date for the next
Council Meeting for April 13, 1982. The vote was unanimously in favor.
Motion carried.
CALL FOR BIDS - 1974 OR NEWER VAC-ALL
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-87
RESOLUTION TO AUTHORIZE THE ADVERTISEMENT FOR BIDS
FOR A 1974 OR NEWER VAC-ALL TO BE OPENED AT 10:OO A.M.
APRIL 27, 1982
The vote was unanimously in favor. Motion carried.
CITY OF MOUND MAPS
The City Manager explained that the City Street Map and the Sanitary Sewer
Map are in woefully bad shape and that McCombs-Knutson has ubmitted a
$1,900.00 figure to bring both up-to-date.
Councilmember Polston thought that McCombs Knutson was to prepare new
street maps as part of the cost of the street construction. City Engineer
John Cameron stated that the map was not part of the street construction.
The Council asked if the City has maps for the following: streets;
sanitary sewer; storm sewer; watermain. The Manager and the Engineer stated
that all the maps are in sad shape.
62
April 6, 1982
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-88 RESOLUTION THE AUTHORIZE THE CITY MANAGER TO
NEGOTIATE A PRICE ON ALL 4 OF THE NEEDED MAPS
The vote was 2 in favor with Polston, Swenson and Lindlan voting no.
Motion failed.
The City Manager explained that in order to have Mound's Comp Plan
approved by the Metro Council the sanitary sewer may is required.
The Council felt that McCombs Knutson should at least provide the street
map at no cost to the City.
Mayor Lindlan moved and Councilmember Charon seconded the following resolution.
RESOLUTION #82-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ORDER THE
SANITARY SEWER MAP FOR 51,500.00 AND NEGOTIATE THE
COSTS ON THE OTHER THREE MAPS
The vote was 4 in favor with Polston voting no. Motion carried.
Councilmember Polston voted no because he still believes the Engineer should
supply the street map at no charge.
MINNETONKA BASS CLUB FISHING CONTEST
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-89 RESOLUTION APPROVING THE MINNETONKA BASS CLUB
FISHING CONTEST ON JUNE 12, 1982
The vote was unanimously in favor. Motion carried.
LEASE OF CITY LAND FOR A GARDEN
The City Manager explained that for the last several years the Ray Kramer's
2373 Chateau Lane have been leasing the City Land by Well #3 for garden
space. They are again requesting a lease for this with a token fee of SI.O0.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-90 RESOLUTION TO APPROVE LEASING THE LAND BY WELL #3
TO THE RAY KRAMER'S FOR THE SUM OF $1.00 TO BE USED
FOR GARDEN SPACE
The vote was unanimously in favor. Motion carried.
PALM READER'S LICENSE - RENEWAL
Swenson moved and Polston seconded Che following resolution.
RESOLUTION #82-91 RESOLUTION TO APPROVE THE RENEWAL OF A PALM READER'S
LICENSE FOR MS. LINDA ZEAMYQK KlM SANO
The vote was unanimously in favor. Motion carried.
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April 6, 1982
CIGARETTE LICENSE - RENEWAL
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-92 RESOLUTION APPROVING THE RENEWAL OF A CIGARETTE
LICENSE FOR MARTIN & SON BOAT RENTAL
The vote was 4 in favor with Councilmember Charon voting no. Motion carried.
APPOINTMENT TO TASK FORCE FOR SENIOR CITIZEN HOUSING PROJECT
Swenson moved and Polston seconded the following resolution.
RESOLUTION #82-83
RESOLUTION APPOINTING RUSSELL PETERSON TO THE
TASK FORCE FOR THE SENIOR CITIZEN HOUSING PROJECT
AS A REPRESENTATIVE OF THE CITY
The vote was unanimously in favor. Motion carried.
WIRE TRANSFER AUTHORIZATION
The City Manager explained that from time to time the City of Mound orally
requests the First National Bank of Mpls. to transfer invested funds to
other banks and in order to do this the Council should pass a resolution of
authorization to do so.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-93
RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF FUNDS
AGREEMENT
The vote was unanimously in favor. Motion carried.
VOLUNTEER FAIR
The City Manager explained that the second annual Westonka Volunteer Fair
will be held Thursday, April 29 from l:O0 to 7:00 P.M. and that he felt
the City should have a booth there to look for residents to fill future
vacancies on commissions and solicit for the campaign against higher phone
rates. The Council agreed this was a good idea.
Polston moved and Swenson seconded a motion to authorize the City Manager
to arrange for a booth at the Volunteer Fair.
CABLE T.V. COMMITTEE
The City Manager went over the report from the Cable T.V. Committee. The
Committee has a work plan and have recommended approval of a budget to
carry it through developing a Franchise. Councilmember Ulrick (a~ex officio
member of the Committee) commended Tom Creighton and the Cable Committee
for their rapid but comprehensive movement toward establishing cable T.V.
in Mound.
CITY OF MOUND
REQUEST FOR REIMBURSEMENT
DISEASED TREE
NAME Ed Behmler
ADDRESS '2130 Noble Ln., Mound, Mn. 55364
TREE NO. 176 TREE SIZE 24"
AMOUNT OF REIMBURSEMENT $
48.00
I hereby certify that the above tree has been removed and disposed
of as ordered by th~-~ty Inspector, and request reimbursement in the
amount.sg~bfied a~ove~ ~
SIGNATURE /"3\\' - ~ [~' '~. DATE ~
APPROVED BY(.~~ ~~ ~~ ~.
BILLS .... APRIL 13, 1982
Bryan Rock Products 86.04
Jan Bertrand 13.20
Ed Behm]er 48.00
Coast to Coast 107.12
Continental Telephone 910.32
Computer Election Systems 700.00
Fran Clark 13.86
Robert Cheney 334.00
Dixco Engraving 9.00
Jon Elam 12.87
G1 enwood Inglewood 42.75
First Natl Bank-Mpls 80.00
Eugene Hickok & Assoc 578.00
William E. Husbands (Ins Rev|ew)785.00
Illies& Sons 1,O76.O0
JABCO (HUD Rehab) 1,696.88
Leslie Paper 121.44
The Laker 201.49
League of MN Cities 11.50
Mound Police Dept 45.87
Mound Fire Dept 3,715.15
Wm Mueller & Sons 2,244.85
Minn Comm 28.50
Minn Mining & Mfg 220.05
MN Park Supervisors Assoc 10.O0
Minnegasco 1,719.04
City of Minnetrista 60.00
MacQueen Equip 1,000.00
Marina Auto Supply 543.68
Navarre Hdwe 155.00
Natl Fire Protect. Assn 50.00
N.S.P. 5,482.67
Planning & Develop Serv 800.00
Paper Calmenson 512.40
Brad Roy 166.45
Specialty Screening 174.50
Specialty Equip Co. 118.O0
Thurk Bros. Chev 446.92
Title Ins. 60.00
Tri State Drilling 774.73
Village Chevrolet 39.00
Village Printers 127.75
Westonka Sanitation 50.00
R.L. Youngdahl & Assoc 421.27
Total Bills 25,793.30
LIQUOR BILLS
The Liquor House
Griggs, Cooper
Johnson Bros.
MN Distillers
Old Peoria
Ed Phillips
Bradley Exterminating
Johnson Paper
Mound Locksmith
Real One Acquisition
Regal Window Clean
Nels Schernau
Wallin Heating
Butch's Bar Supply
City Club Distrib
Coca Cola
Day Distrib
East Side Bev
Gold Medal Bev
Home Juice
Kool Kube Ice
The Liquor House
Midwest Wine
A.J. Ogle
Pepsi Cola/7 Up
Pogreba Distrib
Thorpe Distrib
Total Liquor Bills
GRAND TOTAL--ALL BILLS
1,238.20
4,236.70
4,516.52
767.50
1,038.86
1,617.88
19.00
27g.80
~54.30
712.99
10.75
7.O4
27.50
164.40
2,502.40
193.50
3,169.20
3,446.9O
42.90
42.48
6O.OO
3,284.35
414.45
2,118.50
203.40
1,927.55
3,435.55
35,629.62
61,422.92
CITY OF MOUND
Mound, Minnesota
NOTICE OF HEARING ON PROPOSED AMENDMENT TO
CHAPTER 23, "ZONING", MOUND CODE OF ORDINA~ICES
NOTICE IS HEREBY GIVEN that on April 27, 1982 at 7:30 P.M. at the
City Hall, 5341Maywood Road, Mound, Minnesota, the Mound City Council
will hold a hearing on the proposal to amend Chapter 23, Mound Code of
Ordinances, entitled "Zoning", by removing from the Residential R-1
District and adding to the Light Industrial I-1 District, the following
described property:
"That part of Lot Four (4)~of Section Twenty-three (23) Township
One Hundred Seventeen (117) of Range Twenty-four (24) according
to the Government Survey thereof, lying North of the Northerly
boundary line of the Great Northern Railroad right-of-way" in
the City of Mound. (Triangular property North of the Metropolitan
Sewer Plant on Westedge Boulevard).
All persons appearing at said hearing will be given an opportunity
to be heard.
Francene C. Clark, City Clerk
April 12, 1982
City of Mound
5341Maywood Road
Mound, Minnesota 55364
Sir:
The following is our bid for the 1982 Spring Cleanup:
Truck and driver - $30.00 per hour
Each helper 10.00 per hour
Dumping Charges Approx. $15.00 per hour
or
$4,800.00 flat fee including dumping charges.
John' -Zuccaro
Westonka Sanitation
472-1379
P.O. BOX 218
SPRING PARK, MN. 55384
612/471-8593
April 13, 1982
City of Mound
5341Maywood Rd.
Mound, Minnesota
55364
SPRING CLEAN-UP BID:
Trucks
Labor
Dumping
$36.00 per hr.
$19.00 per hr.
$22.50 per hr.
Thank You,
Widmer Bros., Inc.
//
February 24, 1981
Councilmember Swenson moved the following resolution,
RESOLUTION NO. 81-75
RESOLUTION DESIGNATING ORVAL FENSTAD AS
L.M.C.D. REPRESENTATIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA:
That Council does hereby designate Orval Fenstad as the official Lake
Minnetonka Conservation District representative for the City of Mound.
A motion for the adoption of the foregoing resolution was duly seconded by Council-
member Polston and upon vote being taken thereon; the following voted in favor there-
of; Charon, Lindlan, Polston and Swenson, the following voted against the same; none,
with Ulrick being absent, whereupon said resolution was declared passed and adopted,
signed by the Mayor and his signature attested by the City Clerk.
Mayor
Attest;/ City Clerk CMC
64
April 6, 1982
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #82-95
RESOLUTION TO APPROVE THE PROPOSED BUDGET OF
THE CABLE T.V. COMMITTEE IN THE AMOUNT OF $5,350.00
The vote was unanimously in favor. Motion carried.
The City Manager pointed out that the $5,350.00 would be returned to the
City when Cable T.V. is Franchised.
SPRING CLEAN-UP
The Mayor reminded everyone that the Spring Clean-Up is coming up April 24,
1982.
BILLS
Swenson moved and Ulrick seconded a motion to approve the payment of bills as
presented on the prelist in the amount of $18,169.44, plus the reimbursement
bill .submitted by the Mayor in the amount of $57.51, when funds are available.
Roll call-vote was 4 in favor with Councilmember Polston abstaining. Motion
carried.
INFORMATION/MISCELLANEOUS
The City Manager gave a brief report on the following:
A. STATUS OF PUBLIC WORKS BUILDING - The Planning Commission did not
want to rezone to Industrial the parcel of land near the sewer plant
that would be given to Fritz Widmer for a $37,500. reduction in the
price of the building and land on County Road 110. If this 3 acre
site near the sewer plant stays as R-1 zoning, Mr. Widmer will only
give the City a $20,O00..reduction in the price of the building and
land on County Road llO. The Purchase Agreement that was signed
stated that the City would rezone the 3 acre site to Industrial.
The rezoning public hearing is scheduled for April 27, 1982.
B. HENNEPIN COUNTY MILL RATES FOR 1982 - Breakdown of the Mill Rate in
Hennepin County.
Co
ANDERSON & SMITH vs. CITY OF MOUND - The City Attorney advised the
Council that he would be in court again on Thursday morning on the
case. There are now 3 separate lawsuits: (1) assessments; (2) storm
sewer; (3) condemnation of property.
Do
LETTER FROM TAD JUDE - regarding House File #1609 and the Dram Shop
legislation.
L.M.C.D. PACKET - Agenda from the March 24th meeting and the Minutes
.for the February 24th meeting. (Reminder to the Council of the
April 20th meeting concerning the L.M.C.D. to be held here in the
Mound City Council Chambers.)
F. APRIL CALENDAR
65
April 6, 1982
Go
MINNESOTA PCA LETTER - List of things that the City of Mound
must do with regard to Tonka Corporation's past disposal of
hazardous wastes within the City of Mound.
Ho
LEAGUE OF CITIES ACTION ALERT - Several important actions taken by
the Governor and Legislature that might have an immediate effect on
cities' actions.
I. AMM BULLETIN - Notice of. the AMM Annual Meeting, Wednesday, May 26,
1982 and a Legislative summary of key items of interest to Cities.
J. LETTER FROM BILL SCHREIBER - Regarding the tax forfeited lands law
that just passed and is effective on March 23, 1982.
K. LETTER FROM WILLIAM F. KELLEY ON THE WETLANDS ORDINANCE
L. LETTER FROM HENNEPIN COUNTY COMMISSIONER, RICHARD E. KREMER -
Regarding the County's plan for reduction of outstanding warrants.
Mo
DOWNTOWN ADVISORY COMMITTEE REPORT - Minutes from the March 24th
meeting and note that the next meeting will be April 22st at
7:30 P.M. in the Council Chambers at City Hall.
N. LOST LAKE ACCESS - Two articles from the newspaper regarding the
various sites that the DNR has looked into.
Councilmember Polston asked that May 4, 1982 be designated as Community
Services Appreciation Day in the City of Mound for the tremendous work
they are doing within the community.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-96
RESOLUTION TO DESIGNATE MAY 4, 1982 AT WESTONKA
COMMUNITY SERVICES APPRECIATION DAY IN THE CITY
OF MOUND
The vote was unanimously in favor. Motion carried.
Swenson moved and Polston seconded a motion to adjourn at 11:40 P.M. The
vote was unanimously in favor. Motion carried.
Jon Elam, City Manager
Fran Clark, City Clerk
Air £omm
Ear] F Andersen & Assoc
Auto Con Industries
Applebaums
Acro Hinnesota
Auto Sound
Holly Bostrom
Business Furniture
Janet Bertrand
Conway Fire & Safety
Curtis 1OO0
Carmichiel Auto Parts
Francene Clark
Commiss of Revenue
Davies Water Equip
Dependable Services
Ehlers & Assoc
Goodin Company
W.W. Grainger Inc.
Henn Co. Treas.
Eugene Hickok & Assoc
Harris Whse & Canvas
Shirley Hawks
Henn. Co. Sheriffs Dept
Jones Chemicals
Island Park Skelly
L.O.G.I.S.
Lakeland Envelope
Sharon Legg
Doris Lepsch
Lutz Tree Service
Lehn Electric
MacQueen Equip
Miller/Davis Co.
Metro Fone Communications
Mound Postmaster
No. Star Chapt ICBO
Old Dominion Brush
Popham, Haik, Kaufman
Scott Radek
SmokeEater
StateBank of Mound
Title Insurance
Sterne Electric
State Treas.
16.44
220.75
286.70
14.50
494.O5
26.50
254.00
318.43
22.44
147.56
51.90
445.00
118.98
2,277.88
162. O0
33.00
15.OO
56.71
163.62
1,170.O0
IOO.O0
8O.OO
173.95
64.73
207.50
9OO.OO
1,382.91
202.34
17.88
6O.OO
495.00
771.34
88.46
15.45
35.40
600.00
20.00
934.O0
1,265.10
13.35
111.00
15.8o
124.O0
68.90
3O.OO
Tele Terminals 67.52
Thein Well Co., Inc. 3,088.00
Dept Weights & Measures 240.00
Waterous Co. 270.94
Xerox 213.60
Ziegler, Inc. 216.81
TOTAL BILLS
18,169.44
CI'F5 of MOUND
5341 MAYV,/OOD ROAD
MOUfqD. MINNESOTA
(612) 472-11 ~5
April 9, 1982
TO: CITY COUNCIL
FROM: dON ELAM, CITY MANAGER
For a number of years the City has had a senior citizen discount fee of
$1.00 off the quarterly sanitary sewer bill. Presently about 261 people
are benefiting from this discount. Multiply this by four quarters and
the annual subsidy cost comes to $1044.00 per year.
Since we raised the sewer rates to $18.00 per quarter, the $1.OO discount
seems hardly worth the time or energy to post and credit it, etc. My
suggestion would be that we increase it to either $2.00 or $3.00 per
quarter. The fund is presently generating adequate income to be able to
afford this type of subsidy. In addition, with water rates probably
having to be raised this Fall, this will in a very small way help cushion
that increase.
Most of all I think it shows the City is concerned about people who do
live on a fixed income.
JE:fc
CITY of [OUND
5341 MAYWOOD ROAD
t¢,OUND, MLNNESC;TA 5536-¢
(612~ 472-1155
April 6, 1982
Mr. Jon Elam, City Manager
5341Maywood Rd.
Mound, MN 55364
Dear Mr. Elam:
Sgt. Hudson reported that the sirens did not sound on the last week statewide
test.
I went to the Island Park and Fire Sirens, and manually actuated each relay
and sirens sounded.
Went to City office control. Actuated I.P. relay while a person at the City
garage listened. Actuated "Test" switch and siren sounded for both tests.
Sgt. Hudson went to the Fire Siren, I "bumped" the relay and switch separately
and the siren sounded on each.
I called Continental Phone Co. in Mound and they closed manually, their relay
that is closed by Bell from the Metro System. Continental's manual closing
did close your relays.
So, everything was OK from Mound telephone to City offices to sirens.
Next I had St. Paul Bell prove actuation to Continental in Mound. After much
delay, finally actuation proved from Navarre on phone continuous-Bell testing-
bad pair between Wayzata and Navarre.
Finally, at 4:15, a new circuit and had actuation from Wayzata. Bell assured
me that it Would function. Tomorrow will tell.
I was fortunate in getting the services and help at Bell from a Tom Robek,
642-6301. Best I have ever had from Bell!
Elroy Lehn
April 9, 1982
(ZI FY of MOUND
5341 h'1AYWOOD ROAD
MOUND. MINNESOTA 553CZ
(612) 472-115~
TO:
FROM:
CITY COUNCIL
JON ELAM, CITY MANAGER
I have asked Desyl L. Peterson to visit with us this evening to discuss
the following:
1. How the City prosecution work for the City is going in general.
2. To give us an update on the D.Wol. situation outlined in her
Memo.
Ever since the Hennepin County Judges decided to put people in the
Workhouse for 2 to 3 days for being convicted of a D.W.I., it has
affected the City's finances seriously. That is because, in many cases,
the Judges are either suspending or greatly reducing the D.W.I. fine
(of $500.00). In some cases it is reduced well below the rate the City
has to pay for room and board at the Workhouse ($45.00 per day). It
seems to me a great perversity that the taxpayers of the City of Mound
must, in the end, subsidize a program to get DRUNK DRIVERS off our
City roadways. In the first three months of 1982, D.W.I. cases (23)
paid $2950.00 in fines, but our Workhouse bill for the same period of
time was $4350.00, a City subsidy of $1400.OO.
JE:fc
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
MEMORANDUM
TO:
Walter Benson, City Administrator, City of Orono
~T~n Elam, City Manager, City of Mound
Charlotte Patterson, City Administrator, City of
5~nnetrista
Linda Zitzmann, City Clerk, City of St. Bonifacius
FROM: Desyl L. Peterson, Prosecuting Attorney
DATE: April 5, 1982
DWI Prosecution Responsibilities
As you may be aware, the State Legislature recently
amended the DWI laws. One section established that a second
DWI in five years would be a gross misdemeanor and that prose-
cution of that charge would be the responsibility of the City
Attorney in municipal court.
Previously, the County Attorney handled prosecutions
for aggravated DWIs as gross misdemeanors. An aggravated DWI
charge occurred when the individual was stopped a second time
for DWI when at the time his license was revoked either because
he had been convicted of DWI or because he had refused to take
a test.
Attached for your information is a copy of a letter
I received from Tom Johnson, Hennepin County Attorney, indicating
that his office will no longer be handling aggravated DWIs
which result from the revocation of a license because of a
prior DWI conviction. This charge was be assumed by the new
law. However, his office will continue to prosecute aggravated
DWIs which are based on the license revocation for refusal to
take a test where there has been no conviction. This, of course,
means greater responsibility for the City Attorney in DWI gross
misdemeanor cases. The advantage is that the County Attorney's
office often refused to prosecute aggravated DWIs as gross
misdemeanors, and the matters.can now be handled still as gross
misdemeanors but by the City AttOrney. The obvious disadvantage
is the increased cost of prosecution which will be borne by
the cities.
We hope that th~s will not result in a suSstantial
increase in prosecution costs. Quite frankly, the County Attorney's
office declined prosecution of what we consider to be a large
Page Two
April 5, 1982
number of aggravated DWI charges, which were then referred to
the City Attorney anyway to handle as misdemeanor DWI cases.
Thus, the City Attorney may no. continue to handle those case,
but with the potential of greater fines and sentences.
Please let me know if you have any response or
concerns which we should know about.
DLP/mp
cc
Chief Kilbo
Chief Thompson
Chief Wold
THOMAS L. JOHNSON
COUNTY AI-I*ORN EY
OFFICE OF THE HENNEPIN COUNTY ATTORNEY
2000 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
PHONE
(612) 348-3091
March 30, 1982
Ms. Desyl Peterson
4344 IDS Center
Minneapolis, MN 55402
Dear Ms. Peterson:
I am writing to you as the City Attorney for Minnetrista, Mound, Orono and St.
Bonifacius.
This past Session, the Legislature substantially amended the DWI Laws. A copy of
these changes, embodied in Chapter 423, is attached. One change in particular
affects our respective responsibilities. Minnesota Statutes 16%121, Subdivision 3,
was amended to include the following language:
"The following persons are guilty of a gross misdemeanor:
(a) A person who violates this section or an ordinance in
conformity therewith within five years rof prior conviction under this
section or an ordinance in conformity th~rev~ithi and
(b) A person who violates this section or an ordinance in
conformity therewith within ten years of two or more prior convictions
under this section or an ordinance in con!ormity therewith.
The attorney ~n the jurIsdiction in Which the violation occurred who
is responsibile for prosecution of miS.~lemeanor violations of section
169.121 shall also be responsible for prosecution of gross misdemeanor
violations of section 169.121." (Effective April I, 1982.)
In implementing this new law, our office will no longer prosecute an individual under
Minnesota Statute 169.129 (Aggravated Violations) if the first offense was under
clause (Ih that is, where the motor vehicle Wes operated by a driver "...while under
the influence.., or while he (the driver) hai~ an alcohol concentratio:n of 0.10 or
more." We will, however, continue to pros~ute under clause (2) of M.S. 169.129~
that is, where the individual's first offense involves the refusal "...to take a test
which determines the presence of alcohol."i This means, of course, that you will
have additional prosecution responsibilities Pursuant to the legislative mandate.
Please note that the effective date for the amendment recited above is April Ir 1982.
We are also notifying the various law enforcement agencies of the changes in
prosecution responsibilities . Should you have any questions or concerns, please do
not hesitate to contact me.
Sincerely,
THOMAS L, JOHNSON
Hennepin County Attorney
HENNEPIN COUNTY IS AN AFFIRMATIVE ACTION EMPLOYER
(ZIT'f of MOUNI)
5341 IX,~AYWOOD RC::-D
MOUND. MINNESOTA L53h4
(612) 472-115L
April 9, 1982
TO:
FROM:
CITY COUNCIL
JON ELAM, CITY MANAGER
Enclosed is a copy of the Insurance Study Report done by William
Husbands. He will attend the meeting to go over it since I think
some of his ideas and approaches are very solid.
Earl Bally will be on hand as well.
JE:fc
7,s' ,h,
INSTITUTIONAL POLICY
Company:
Home Insurance Company
Policy #:
Policy Period:
8776170 - 61691
2-1-82 to 2-1-83
Agent:
Limit of Liability:
Cost:
Earl Bailey of R. k. Youngdahl
See IndiviCual Listings
$18,869 ant ually
I
This policy includes a numb of items of coverage
into one package. These ind~ude the building,
contents, loss of earnings, ~ontractors equipment,
comprehenszve generai ixabzl~ty, premzses medzcal
payments, money orders and ~positors forgery.
It wouid be cumbersome to review these together,
therefore they will be broken into separate entities
on the foiiowing pages.
?5?
~uilding and Contents Coverage
Limit: Building: $1,939,432
Contents: $ 323,505
Deductible:
$100 per occurrence
This portion of the policy provides coverage for
losses to the buildings and/or contents as a result
of a covered loss. Covered lpsses are of an All
Risk nature subject to the eXClusions as outlined
in the policy. This is your ,~est available type
of protection.
In addition to the All Risk e~verage, you also
have blanket and agreed amount protection. The
blanket coverage allows you tO move coverage
dollars as needed in case of ~ loss. The agreed
amount endorsement removes th~ coinsurance
requirements - only on the buildings. In this
day of fast moving inflation these two provisions
are desirable, i
I
The liquor store is insured S~parately. There
is no coverage for the building and $135,000 to
the contents. This portion is not subject to
the blanket or agreed amount:
it is necessary that these am
as they are subject to a 90,%1
Recommendations:
~rovision. Therefore,
cunts are correct
coinsurance provisions.
The Home Insurance Company does not_c~_arly identify the All Risk c~
in this policy format. It~be advisable to'have you'~ agent either write
a letter of clarification or to have him obtain such a letter from the Home
Insurance Company indicating the All Risk coverage.
con't
Buildin§ and Contents Coverage
Recommendations: (Con't)
It appears on the surface that $135,00i0 for liquor, shelving, registers
and other items in the liquor store is' a low figure and should be reviewed
for accuracy.
Determine that the City has no obligation to provide coverage for the
buiiding that the liquor store occupies.
Yo~o c~veracovera e. zse is on on an actual ca~.., valu~ basi~, To increase your coverage
to replacement cost is more desirable and should cost little or no
additional premium, Replacement icost :coverage should reimburse the City
for the cost of replacing the item if stolen or damaged beyond repair,
If replacement cost coverage is ~btained then the value of all facilities
should be reviewed. The value should reflect the cost of replacing the
facility at todays prices. If the values need to be increased then the
cost of this coverage would go uR.
When renewing this policy next year a:review of costs should be made
utilizing $100, $250 and $500 deductible options. Then, depending on
any costs savings, the City can decide if the additional cash exposure
outlay in case of losses is offset by a sufficient decrease in premium.
Loss of Business Earnings Coverage
Limit:
Deductible:
$16,250 each 30 days
$65,000 maximum during policy period
$100 per occurrence
This coverage affords payment to the City if a
loss of profit should occur as a result of a
covered loss to one of its properties. This
is the most difficult type of loss to prove
of any insurance coverage.
Recommendations:
A management decision should be made as to whether Loss of Business Earnings
is appropriate or if additional Extra Expense coverage should be obtained.
Extra Expense coverage is now provided in the basic property policy for
$5,000. If $5,000 is enough to cover those "extra" expenses incurred to
set up shop at another location in case of a major loss then nothing further
is required. It is this writers opinion that Extra Expense coverage of
at least $50,000 should be obtained.
When renewing this policy next year a review of costs should be made
utilizing $100, $250 and $500 deductible options. Then, depending on
any costs savings, the City can decide if the additional cash exposure
outlay in case of losses is offset by a sufficient decrease in premium.
Con~rae~ors Equipmen~ Coverage
Limit:
Deductible:
$304,230
$100 per occurrence
This portion provides physical damage coverage
to that equipment which is not stationary and
may move from location to location but is not
licensed for the highway.
This coverage is on an Ail Risk basis. This
is desireable, The cost at .50 per $100 of
value is good.
Recommendations:
This coverage should be at replacement cost and the value of the equipment
increase accordingly.
Hiscellaneous Prope~¥ Floater Coverage
Limit:
Deductible:
$1,~00
$50 pe~ occurrence
This provides coverage for physical damage to a
Lurid Boat, an outboard motor, a boat trailer and
two (2) Hopedes on an All Risk basis. The cost
o¢ this coverage is $26 and has been we1! designed.
Recommendations:
None
7 5-?
Hiscellaneous Property Floater Coveraqe
Limit:
Deductible:
$69,769
$100 per occurrence
This provides coverage for physical damage to
City's Radio Equipment, This is on an Ail Risk
basis with the normal exclusions off wear and tear,
dampness, mechanical breakdown, wars, otc,
The cost of this coverage is $872.
Recommendations:
~ shogld_b_~e_ma~e th%oug.h_the a__gent to have the Home Insurance Compnny
include this in the Contractors Equipment ~oater. This would ~s,,]f in n
_'~avi~gs ct abo~$'-~O0~ The Home sometimes is relu~a6-t--to do this because
they do not feel they receive proper consideration for the expsure. Since
many other companies are writing the radio equipment in the Contractors
Floater it is worth the attempt with the Home.
Comprehensive General Liability Coveraqe
Limit:
$500,000 each occurrence
$500,000 aggregate/e O O
This portion of the policy covers the City for
Bodily Injury and/or Property Damage to others
which the City is legally obligated to pay because
the City failed to do something it should have
or did something it should not have done which
caused the injury and/or damage. The premium
is at a competitive level.
In addition to the basic coverages the agency
has added: Blanket Contractual, Personal
Injury, Host Liquor Liability, Incidental
Halpractice, Employees as Additional Insureds,
Broad Form Property Damage and Volunteers as
Additional Insureds.
The Personal Injury portion has been endorsed
so that the coverage can apply to work reiated
situations. These cover such situations as raise
arrest, maiicious prosecution, iibei and slander.
The agency has had the foresight to get the Waiver
of Governmental Immunity. This allows the City
to decide whether the defense of Immunity can or
should be raised.
Some of the exclusions that should be noted are:
- No coverage for liability as a result of fairs
or carnivals. Your agent should be contacted
for a special policy that runs for the length
of the fair.
- No coverage for grandstand events, races,
rodeos or mechanical rides.
~omprehensive General Liability Coveraqe
Recommendations:
Review the independent nurse contract and determine if she should be covered
under this policy. Based on my discussions with 3on Elam I believe she
should be so covered.
To have your agent try and remov~ the aggregate limit~from this portion
of the policy. While the 0~ does have an Umbrella Policy that would
cover it for losses over the $500,000 aggregate limit. It would be
better if the limit would be written as a combined single limit with
no aggregate.
Honey Orders~ Counterfeit Paper Currency
and Depositors Forqery Coverage
Limit:
$20,000 Money Orders & Counterfeit Paper Currency
$20,000 Depositors Forgery
This provides payment to the City where it accepts'
a money order or money in payment for a service
or merchandise which turns out to be counterfeit
money or a money order not paid upon presentation.
It also provides payment to the City where a
check has been improperly drawn or paid on its
savings or checking account.
Recommendations:
None
Money and Securities Broad Form Coveraqe
Limit: Village Hall $19,000 Loss Inside
$ 3,000 Loss Outside
Liquor Store $20,000 Loss Inside
$20,000 Loss Outside
This provides payment to the City for loss of
money by robbery, destruction or disappearance
provided the disappearance is from a safe or
locked cash drawer which shows forcible entry.
There is no coverage for loss by theft when forcible
entry only to the building. These are normal
provisions.
Recommendations:
A review should be made to verify that the Village Hall and the Liquor
Store are the only two (2) places that accept money.
That these places deposit the daily receipts each and every day.
Public Employees Blanket Bond £ove~a§e
Limit:
$100,000
This provides payment to the City if any employee
shall fail to faithfully perform his/her duties
which results in a loss of monies taken in by
that employee but not received by the City.
Recommendations:
Audits of a surprise nature should be done on the money securing positions
at least once a year.
Assuming bank balances are checked against the City's receipt vouchers
once a month then no more than $400,000 in receipts shouid be received
each month to justify this iimit of insurance.
This policy will not cover tbe~l:i~-~$~f_iremen pension funds. While
~E~'~ police ~u~d is ~t'~e ~perated the firemens fund is overseen by both
the Marquette National Bank and a board from the City. This board has
no insurance coverage for an improper loss of funds.
WORKER'S COMPENSATION end
EMPLOYERS LIABILITY POLICY
Company:
Policy # :
Policy Period:
Limit of Liability:
Agent:
Cost:
Home Insurance Company
WC 9875229 - 67144
2-1-82 to 2-1-83
Workers Compensation - unlimited
Employers Liability - $100,000
Earl Bailey of R. L. Youngdahl
$34,321 annually
This provides coverage for the City for any
employee injured as a result of a work related
injury. It also provides the City protection
in ease of a liability claim as s result of
a work related injury. The premium base is set
by the State of Minnesota and is subject to audit.
The premium base is payroll.
Recommendations:
At the present time your Workers Compensation modifier is(1COS]which means
you have experienced about an 8.% increase over the "average" municipality.
This means about $2,500 additional expense per year. The fact of the matter
is that the City of Mound has no activities that lend themselves to bad loss
experience. These would include a nursing home or hospital operation.
Therefore, it is this writers opinion that the City should have a modifier at
.75 or less. This means you are ~ayinq at least ~11~000 more than_your
risk should be payinq. Jon Elam has started a program in August of 1981 to
~h~lp '~his ~tuation. While his program is excellent it will show no results
until 1984. The maximum results will not be known until 1986. The reason
for this is because of the way the modifier is computed.
WORKER'S COMPENSATION and
EMPLOYERS LIABILITY POLICY
Recommendations: (Con't)
It appears that the City utilizes the services of an independent nurse.
In discussing this matter with Jori Elam it is questionable as to whether
or not the nurse would qualify as an independent contractor. Since the
City demands her services on the City's terms as to time and place she
could be classified as an employee. Therefore, it is important that she
be so listed in the General Liability policy which I have addressed and
in the Worker's Compensation Policy.
BUSINESS AUTO POLICY
Company:
Policy # :
Policy Period:
Agent:
Home Insurance Company
BA 609 4543 - 67033
2-1-82 to 2-1-83
Eari Bailey of R. L. Youngdahl
Limit of Liability: $500,000 Liability
$50,000 Uninsured and Underinsured Motorist
Cost: $10,053 annually
This provides coverage for the City in those cases
where they are legally liable for Bodily Injury
and/or Property Damage to someone else as a result
of your failure to do something you should have done
or doing something you should not have done which
caused the injury and/or damage.
It also provides protection for No Fault, Uninsured
Motorist, Underinsured Motorist, Comprehensive
and Collision coverages on those vehicles so designated
on the Policy.
Recommendations:
With the premium as good as this one is, especially in the physical damage
area, maintain this policy with the Home as long as possible.
In the future, should the rates increase, the City should increase the use of
deductibies to at least $250 on coIlision and $100 on comprehensive.
The City should loo~ now at the reglacement cost of all,ire equipment and
sn._~o~ ~owing eqg~ment. These should be ~n~ure~ on-a stated valde bas~s' .~'T--
MINNESOTA DRAM LAW LIABILITY POLI£¥
Company:
Policy # :
Policy Period:
Agent:
Limit of Liability:
Cost:
Occidental Fire & Casualty Co. of No. Carolina
GLA 19 87 BO
2-11-B2 to 2-11-83
Earl Bailey of R. L. Youngdahl
$500,000 each occurrence
$500,000 annual aggregate
$4,802 annually
This is a general liability policy that protects the
City from losses which they are legally obligated
because of Bodily Injury and /or Property Damage
arising out of the Minnesota Dram Law. This policy
is solely for the Liquor Store. This premium is
based on gross receipts and is subject to audit.
Recommendations:
To include the Ckty of Mound as a named insured~ While the Liquor Store
~Ove~ed ~nd name~ a suit could allege that the City was responsible for
the supervision and therefore responsble for the loss. The City would
have no insurance coverage for either payment of a verdict or for the
defense costs.
~'Change this policy period to comply with the others of 2-1 to 2-1 st next
anniversary.
Please review the Executive Summary for additional problems relating to this
area.
PUBLIC OFFICIALS and EMPLOYEES LIABILIlY POLICY
Company:
Policy # :
Policy Period:
Agent:
Limit of Liability:
Deductible:
Cost:
St. Paul Surplus Lines Insurance Company
966GAO20fl
1-1-82 to 1-1-83
Earl Bailey of R. L. Youngdahl
$1,000,000 each occurrence
$1,000,000 aggregate
$200 each employee
$1,000 each occurrence maximum
$1,780 annually
This policy protects the City's employees and
officials from claims made during the policy
period (1-1-82 to 1-1-83) because of Wrongful
Acts. Written notice must also be received by
the Insurance Company within the policy period.
This policy will not cover School Boards, Airport
Commissions, Transit Authorities, Hospital Boards,
Utility Commissions or Housing Authorities.
This policy does not contain exclusions normally
found in this type policy and ie well conceived.
Recommendations:
Change the policy period to conform with other policies at renewal by either
obtaining a 13 month policy at that time or by extending this policy by one
month.
~/Since this is a ~laims Made Policy covering only claims made against the
company during the poli~y Period it should never be changed to an occurrence
policy.
PUBLIC OFFICIALS and EMPLOYEES LIABILITY POLICY
Recommendations: (Con't)
JA resoiution should be passed (if one has not aiready been passed) that
enables the City to reimburse the $200 deductibie to the empioyee and/or
official if the City wishes to do so.
721
COMMERICAL UMBRELLA POLICY
Company:
Policy # :
Policy Period:
Agent:
Limit of Liability:
Cost:
Deductible:
Interstate Fire & Casualty Company
55C - 002G~45
2-1-82 to 2-1-83
Earl Bailey of R. L. Youngdahl
$1,000,000 over the underlying coverages
$1,000,000 aggregate
$2,884 annually
Underlying Rolicy limit or $10,000 self-retained
portion of a loss covered by the umbrella but
not covered by an underlying policy.
This policy provides additional limits of coverage
over and above the underlying coverages. It can also
cover some kinds of losses that are not covered by
the underlying policies. This can only occur if the
Umbrella does not exclude that type of loss.
Recommendations:
The Declarations page of this policy should be brought up-to-date.
The underlying policy information needs the correct policy numbers
and policy period dates.
nclude the Minnesota Dram Law Liability Policy as an underlying policy.~%.~J~%~
his would cost an additional $450 approximately but would increase your
overage from $500,000 to $1,500,000 in a sensibive area. One large claim~'
ould wipe out the aggregate limit and virtually leave the City with no~
rther insurance coverage for a portion of the year. ~
EXECUTIVE SUMMARY
This section will pull together all of the recommendations which I feel
are important and some additional recommendations which have not been
explored prior to this time:
1)
2)
3)
4)
5)
6)
7)
9)
~10)
11)
To clearly identify the Institutional Policy as being one of
All Risk coverage to the buildings and contents.
To review the contents coverage for the Liquor Store and determine
that $135,000 is either sufficient or needs to be increased.
To make sure the City has no obligation to provide building coverage
for the Liquor Store building.
To increase your coverage to Replacement Cost for the buildings and
contents.
To determine if Extra Expense coverage should not be increased from
the present $5,000,
To get the Contractors Equipment coverage up to a Replacement Cost
basis,
To have the Radio Equipment insured under the Contractors Equipment
portion of the policy.
Reveiw the contract with the Nurse and determine if the City should
provide coverage for her under the General Liability and Workers
Compensation Policies.
To have the aggregate coverage removed from the General Liability
Poiicy.
To obtain a policy that will protect the City against a loss of
money from the Firemen's Re~sion Fund.
To review your loss history, particularly in the Workers Compensation
area, to determine that everything within reason is being done to
keep your insurance costs at a minimum internally.
To have the physical damage coverage on the fire engines and snow
plow on an Agreed Amount which represents Replacement Cost of that
equipment.
(Con't)
EXECUTIVE SUMMARY
(iCon't)
i7)
Include the City of Mound as a named insured on the Minnesota Dram
Law Liabiiity Poiicy.
fas a resuit of reviewing the Iiquor iiabiiity poiicy I found a gap
of 4I days. This resuited from the previous agent's faiIure to
renew this poiicy on 3an. i!, i981. The new agent was given permission
to write this poiicy effective Feb. ii, i9Si. It wouId be my recommen-
dation that the.previous agbnt be sent a ~e~tifie~ letter placing him/
her on notice of the City'~ intent to look to that dgent for reim-
bursement should any claim prise from that period. Reimbursement
should include at least claim awards and defense fees. Since the
Liquor Store does not necessarily enjoy the same notice provisions
~ that the City has it is noti reasonable to assume that a claim would
ow prior to the six year statute of limitation.
up
To include the Minnesota Dr
to the Umbrella Policy.
To have someone review ali
that the insurance provisio
compiiance. This means th~
cases they think they shouii
when they think they are do
In reviewing your poiicies
Boiler Policy to cover the
that Boiler Inspector revie
as to whether this type of
inspection can be arranged
this protection is needed t
To remove the aggregate lin~t from the Umbrella poIicy.
I have ieft the most diffic
officers in the City may or
related activities. At the
where discrimination is bei
lP83. These claims can be
Public Officials Policy.
denying coverage under the
little or no case iaw on t~
if these denials are proper. It is for this reason that a new poiicy
has been deveioped cailed a Polic~ Officers Protective Policyr This
policy is expensive, which na~es this a diffiicult recommendation, but
your agent should look to quote it for you. Hopefully the cost can
be kept at ~00 per office~.
~m Law Liability Policy as an underlying policy
contracts the City has made to ascertain
ns as they relate to the City are in
~ the City is supplying insurance in those
be and is transferring that responsibility
ng so.
it was noted that City does not have a
gas furnaces. It would be my suggestion
~ the plants and make his recommendation
policy should be purchased. This
by your agent at no cost to the City. If
he cost would be less than $500, in my judgement.
~lt recommendation until last. The police
may not have protection for their work
present .claims are beginning to show up
ng alleged against the officer under Chapter
handled by the General Liability or the
he problem is that most companies are
e policies to the officers. Since there is
ese situations it is difficult to know
April 9, 1982
5341 MAYWOOD ROAD
r,'~OUt,~D. Mfr4NESOTA 55364
(612) 472-115,5
TO:
FROM:
CITY COUNCIL
JON ELAM, CITY MANAGER
The City has had a real problem ~ith the Neptune water meters they
purchased four years ago.
At this time we have at least 250 meters out of order and in need of
repair. Our failure rate for t~e meters exceeds 20%.
Clearly we have got to do something, otherwise the Water Department
crews will be tied up almost ful!l time repairing meters they have
already installed once. I thought this would be a good chance for
the Greg's to show you the speciific meter problems and what ideas
and suggestions we have for sol~ing this serious problem. We need
your support and ideas as well, of course.
JE:fc
Badger Meter, lnc. Flow Products Division
4545 West Brown Deer Road
Milwaukee, Wisconsin 53223 (414) 355-0400
tenq ?
Mr. Jon Elam, City Manager
Water Department
5341 Maywood Road
Mound, MN 55364
Subject: Price Quotation
Dear Mr. Elam:
April 6, 1982
are pleased to quote the following:
250 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C
500 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C
Trade-in value for 5/8" Bronze meters
$41.00
38.95
7.48
Terms are net 30 days. Freight will be prepaid and allowed on
all orders of $1000.00 or more.
"Prices are firm for acceptance within 60 days. and an
order placed within that time period will indicate ac-
ceptance. Either party shall have the option of price
renegotiation six months from the date of the order."
Attached is bulletin RD-2, descriptive and illustrative of the
meters we are quoting on.
We sincerely appreciate the opportunity of placing this quotation
before you and hope it meets with your approval.
Very truly yours,
A.. J. Derse
Northern Region Sales Manager
AJD:jg
Att.
cc: Tim McCool
At the request of our sales representative, Tim McCool, we
J~g tM 'e@~neMl!l/'.i '660&~ xol3 'O'd 'peo~ J~9@(] UMOJ~ 'M gl'gl?
UO!S!A!(] slonpOJc:l MOI_-I 'Ol,ll'JO:J.O~J~)§pe~
(g Srlqd) g~93aol/4 :l_-I]l ?:
23, 1982
o: City of Mound
From: F~rsha & Robert Ptacek
Subject: Concession stand
F~ wife and I would like to~!apply to be able to have our stand
at Mound Bay Park again this summer. We would be agreeing to the same
stipulations as last year.
Thank you very much for you time, again...
Robert Ptacek
5510 Three Points Blvd.
Mound, Minno
777
June 18, 1981
To: City of Mound ~
Mound, ~[lnn. I
From: F~rsha J. & Robert Ac P..ta~ek
5510 Three Points Blvd,
Mound, Minn. 55364
Subject: Agreement of resolution no° 81-160
We being F~rsha J. Ptadek, and Robert A. Ptacek(wife and
husbands do agree to the stipulations of resolution no. 81-160,
pertaining to the acquisition of a concession stand permit in
the Mound Bay Park.
Stipulations being as fc
1. The stand owners pay
as rent, to be set~l~
2o The concessionaire ps
3. Operation could be fi
4. Stand could operate
5. Stand could operate
6. Operator will have a
own trash.
7. Operator carry own ii
llows:
the city 5% of the gross receipts
d up on a bi-weekly bassis.
y own electricity.
'om 9:00 acm. to 9:30!p.mo
days a week.
arch through 0ctober~
schedule of cleanup of area of his
su~ance in amounts specified by city.
Thank you,
Y~arsha J. ~ta~
TO:
FROM:
SUBJECT:
Jon Elam, City ~hnager
Letter of Con~nendation/1 '
On the evening of Monday, March
Gary Cayo
, Off. Cayo recei'
5341 MAYWOOi) ROAD
MOUND, M N'*.'E~ ,7"/'. 5.'-3f .,:
f612~ ,472-1t 5:-
red a radio call
from Hennepin County Radio
Doone Park. Off. Cayo went to
drive pick-up truck stopped for
truck had minor front end dam~
wheels and chassis. Off. Cayo i,~e~ie~ed
and both admitted causing the da~g~to ithe park.
By his quick response to the sce~ ~fthe call, Off. Cayo
persons responsible for the $3,4~ Wage to public prope:
of senseless crime very often goI~ ~npu~ished because wit~
notify police and police are us I~1~ helpless to find the
these types of crimes. Off. C Iq ~es~e~ves special menti,
lent patrol and interview techniq~fs I i
ef
BW/sh
ing vandalism in progress in
of the park and fCund a four wheel
sign at Donald a~d Tuxedo. The
Considerable mud an~sod on the
the two juveniles in the truck
yours,
apprehended the
Iruce H. Wold
)olice Department
~'ty. This type
~esses fail to
perpetrators of
)n for his excel-
APril, 1, 1982
300 MetroSqt ....
GeneralOffice
mANAG[~
i~EI~ CITY OF MOUND
~UND
A Metropolitan Council Bulletin for Community
For more information on items mentioned in this pul
call the Public Information Office at 291-6464.
April 2, 1982
RECENT COUNCIL ACTIONS (March 22-April 2)
METROPOLITAN COUNCIL
Comprehensive Plans - The Metropolitan Council said '
Minneapolis and St. Paul comprehensive plans conform with
regional growth and development. No modifications were
required.
A primary goal of the Minneapolis plan is to stabilize ils
population, which declined from 434,400 in 1970 to 370
in 1980. The plan also said six million square feet of corn
cial and office space and three hotels are expected to be
to the city's downtown by 1990. Minneapolis further ex
that 35,000 more people will work downtown by 1990,
no decrease in employment elsewhere in the city.
St. Paul's plan focuses on four objectives: 1) repairing
replacing sewer and water lines, streets, lighting, bridges,
walks, public buildings and parks as needed; 2) retaining exi~
lng jobs and expanding employment opportunities; 3) main-
~ining and improving the city's housing stock and constructi
affordable units; and 4) pursuing energy efficiency
~rough maintenance, conservation and innovation.
Housing -- The Council said a St. Francis plan to sell $2
million in tax-exempt mortgage revenue bonds to finance
struction of Abbey Field Townhouses is consistent with
housing policies and goals. However, the Council advised the
city to expand its sewage treatment facility in 1982 to treat
increased sewage flow from the 42-unit development.
The units are to be reserved under the federal Section 8
program for families with Iow and moderate incomes.
Health -- The Council:
-- Adopted a revised Health Systems Plan for the Twin
Metropolitan Area and a 1982 Annum Implementation Plan
for health care. The health systems plan is to "implement a
competitive health care system" in the Metropolitan Area b
helping to control rapidly rising hospital costs. The plan
ommends releasing hospital cost and price information 1
public and changing employee health insurance plans.
-- Recommended approval of a certificate of need for Chil-
dren's Health Center, Inc., 2525 Chicago Av., Minneapolis,
for an estimated $18.3 million expansion and renovation.
Arts -- The Council approved McKnight Excellence in th~
Arts grants totaling $90,000 for six small professional arts
organizations in the Metropolitan Area.
The following groups were awarded $15,000 each:
At the Foot of the Mountain, 2000 S. 5th St., Minneapolis;
The Loft, 3200 Chicago Av., Minneapolis; The Minnesota
Composers Forum, 302 Landmark Center, St. Paul; Theatre
de la Jeune Lune, 430 1st Av. N., Minneapolis; Artspace Reu~
rojects, Inc., 400 1st Av. N., Minneapolis; and Women's
egistry of Minnesota, 414 1st Ay. N., Minneapolis.
Transportation - The Council recommended approval of.
$7,000 federal grant for a rideshare demonstration pro
Eden Prairie. The project's goals are to test the potential for
small-scale ridesharing effort at the local level, ease traffic
congestion on local streets and provide Iow-cost alternatives
to single-rider vehicles. The Eden Prairie Chamber of Commerce
: proposal now goes to the Federal Highway Administration for
II ifinal approval.
Other -- The Council recommended approval of a Cottage
Grove plan for land use and~!environmental protection along
the Mississippi River. The COuncil said that when funding
becomes available, Cottage Grove should reevaluate whether
there are alternative routes Closer to the river for a proposed
i regional trail between Denn~ark and Grey Cloud Townships.
The plan now goes to the Minnesota Envirdnmental Quality
Board for final approval.
Correction -- The March !19 issue of the Review incorrectly
the Council had voted to assist Grey Cloud Township in a
i; legal defense of ~ts enwronmental ordinances. The Counc
ili decided to provide technica~ assistance, which may include
~! isorne help of a legal nature to the township.
; PUBLIC HEARINGS
Metropolitan Health Board -- April 14, Council Chambers.
5 p.m. - Twin Birch Health Care Center, Spring Park;
ificate of need request tO add 70 new beds at an estimated
cost of $1.7 million. ,
6 p.m. - 2020 Adolescent Receiving Center, Minneapolis;
certificate of need request for a 14-bed sub-acute detoxifica-
tion center at an estimated Cost of $90,851.
PUBLIC HEARING TO coNTRoL SURFACE WATER
.UNO SEt FOR APR,, 9
The Metropolitan Councill will hold a public hearing on its
surface water management plan on April 29, 1982, from
5:30 p.m. and reconvening at 7 p.m. (changed from
!6:30 p.m.) in the Council Chambers.
The hearing is to obtain Public comments on the surface
management section df the Water Resources Manage-
Development Gu/de. ~he plan deals with problems
lused by snowmelt and storm water runoff, which pollutes
ie Region's rivers, lakes and streams, and causes erosion,
and related problems. The plan describes the prob-
ems in the Metropolitan Area, recommends solutions and
responsibilities to c~rry out a region-wide surface
management program;
For copies of the draft plan, available at no charge, call
Ihe Council's Public Information Office at 291-6464.
T DAVID BRODER TO SPEAK AT
PREMACK MEMORIAL PROGRAM
David Broder, political columnist for the Washington Post,
Will be the guest speaker at the annual Frank Premack Memor-
ial program April 5. The program is held to honor the memory
of Frank Premack, Minneapolis Tribune reporter and editor
in 1975. Three awards for journalistic excellence in
3ublic affairs reporting will be given. The program, at the
University of Minnesota Law School, begins at 7:30 p.m.
Persons interested in attendi,ng should call the Citizens League,
338-0791.
NEW COUNCIL PUBLICATIONS
Help with Housing: Counseling Agencies in the Twin,
Area. February 1982. Report summarizes responses of 1
Area agencies that provide housing information, referral
counseling services. Most of them publicly
report an increase in requests for help in finding
housing, many no longer from just people with Iow
Report lists agencies and services, Publication no.
44 pages; $1.50.
Emp/oyrnent in the Twin Cities Metropofitan Area,
1980. February 1982. Data-log says nonagricultural empl.
ment in the Area went up by 16,900 workers between
and 1980 to a total work force of 1,093,700. Area also
increased its share of all new jobs in the state. Main
employment increase was continued growth in medical
business services, data-log says. Publication no. 01
18 pages; $1.
Water Resources Management Oeve/opment Gu/de:
Part 1. Sewage Treatment and Handling Policy Plan.
1982. Update of 1979 plan, document recommends ex
phaseout or upgrading of Area sewage treatment plants, a
proposals for large intercommunity sewer lines. Its goals
meet federal water quality standards and 20-year regional
service needs. Publication no, 62-81-025A; 103 pages; $2.
Potent/a/Sewage Sludge and Ash Disposal Sites. Janua
1982. This report, submitted to the Minnesota Pollution
trol Agency (PCA), describes and analyzes sites
Metropolitan Council as possible locations for land dis
sewage sludge and sludge ash. The PCA will use informati~
the report as it considers the environmental "intrinsic
ability" of nine potential sites. Publication no. 1
34 pages; $1.
A 1981 Study of the Water Quality of 30 Lakes in the
Seven-County Metropolitan Area. March 1982. Report u[
similar report on 60 akes completed in 1980. It describesl!tltel
water quality of 30 Area lakes and assesses impact of poll~-~
ants. Report concludes that reduction of 'nonpoint' soul
of pollution, such as storm water runoff from farms and
areas, will improve water quality in lakes over time.
t/on no. 10-82-005; 32 pages; $1.25.
Housing Construction in the Twin Cities Metropofitan,
1980. March 1982. Data-log analyzes how Area's housing
stock grew during 1980, including single-family homes,
houses, multifamily units and mobile homes. A total of
housing permits were issued in 1980, the fourth-lowest nui
since 1965. There were one-third fewer single-family
starts than in 1979. Publication no. 01-82-010; 35 pages; I
OTHER NEW PUBLICATIONS
American Indian Alcoholism in St. Paul Report provi¢
both hard data about alcoholism among American Indian=
wider social and cultural context. Findings based on a stu
designed and conducted largely by American Indians. Inci
annotated bibliography· Joint publication of Center for U
and Regional Affairs (CURA) at University of
Community Planning Organization, Inc., St. Paul. Sin
of 60-page report available free from CURA, 373-7833.
COMING MEETINGS (April 5-16)
Metropolitan Parks and Open Space Commission - M~
April 5, 3 p.m., Conference Room E.
The commission is expected to discuss plans for an Apl
Dakota County tour and meeting, north Hennepin
tion trail highway bridge issues, and the draft statement
regional recreation open space funding priorities. The
sion also will hear: a report on the Area's major landscape
types; public presentations; and commission, chairman and
staff reports.
Human Resources Committee - Monday, April 5, 4 p.m.,
Council Chambers·
The committee is expected to act on amendments to
St. Louis Park's tax-exempt mortgage revenue bond plan. The
{Ommittee also will discuS~ a strategy for implementaion of a
report by the Housing, Haalth and Aging Task Force and will
hear presentations by spa0soring advisory committees.
Community Reinvestment Fund Forum - Tuesday, April 6,
10 a.m., Council ChamberS.
Agenda items include an update on urban enterprise zone
legislation and a discussion of the Minnesota White House Con-
ference on Small Business iand the Minnesota Conference on
Small Business. ,ii
Transportation Subconlmittee - Tuesday, April 6, 3 p.m.,
Room E.
The committee is expected to act on interstate substitution
projects.
Technical Advisory COmmittee (Transportation) - Wednes-
day, April 7, 9 a.m., Couh~:il Chambers.
The committee will diSCuss the revised schedule for the
interstate highway program, transportation policy plan status
report and airport south ~l~udy. The committee will hear sub-
COmmittee reports on transportation system planning, program
development, aviation, air iquality, interstate substitution, and
interagency activities inclqding 1982 goals and objectives. The
comm. ittee also will hear rSports from several regional and state
agencms.
~ Metropolitan Waste Management Advisory Committee -
Wednesday, April 7, 2 P.m., Council Chambers.
The committee is expeqted to act on a Washington County
request to reduce its landflll site complement, and set a public
meeting on preliminary s'~aff evaluation of the Dakota County
candidate solid waste land~ill site inventory, which includes
sites in Laker/lie, Rosemd~nt, Empire, Pine Bend and
Hampton. The committee ~also will discuss a site tour in Carver
County and the Metropol,itan Waste Control Commission's
sludge landspreading proglram.
Chairman's Advisory Cemmittee - Wednesday, April 7,
7:30 p.m., Council Chamb~ers. Agenda to be determir~ed.
Physical Development iCommittee -- Thursday, April 8,
2:30 p.m., Councd Chambers.
The committee is expected to set a public meeting on pre-
lira/nary staff evaluation Of Dakota County candidate solid
waste landfill site inventory and act on Plymouth's compre-
!hensive p an and the nte~S~ate highway substitution program
for fiscal year 1983. The ~¢mmittee also will hear reports on
Ramsey County's solid waSte abatement program and the
perks and open space wor~ program.
Metropolitan Council ~ Thursday, April 8, 4 p.m., Council
Chambers,
i~ The Council will act o~recommendations of its Human
esources, Physical DevelOpment and Executive Committees.
Air Quality Committe~ L- Tuesday, April 13, 9:30 a.m.,
Conference Room B. :
Reinvestment Fund Forum -- Tuesday, April 13, 10 a.m.,
Council Chambers.
Transportation Subcommittee - Tuesday, April 13, 3 p.m.,
Conference Room E.
Metropolitan Emergency Medical Services Advisory Com-
mittee - Tuesday, April 13, 4 p.m., Council Chambers.
Executive Committee --Tuesday, April 13, 5 p.m., Con-
ference Room E.
Metropolitan Health B~ard - Wednesday, April 14, 4 p.m.,
Council Chambers.
Physical Development Committee - Thursday, April 15,
2 p.m., Council Chambers.
'~ OFFICE OF PLANNING:& DEVELOPMENT
Minneapolis, Mint .55487
2308 Governmen'
"Ei"EP'[~.J (612) 348-4466
March 29, 1982
Ms. Margery Stutsman
Mound City Manager
5341Maywood Road
Mound, MN 55364
Dear Ms. Stutsman:
The Hennepin County Office of Plain
summary data from the 1980 census.
prepared for each municipality and
these tables with the data for Hem
of the entire 600 page document ar~
the Office of Planning and DeveloP~
ment Center Information Library (C-
These reports-are only a selection
summary tape. Approximately 18 of
eral distribution. An index to all
the Office of Planning and Develop~
348 -7423 for a copy of the index.
Development has received the first
le selection ofitables has been
Itract in the County (a copy of
~ty is attached).; Reference copies
for review inithree locations:
.08), the Hennepi~n County Govern-
,d the SouthdalelLibrary.
e data available from this first
.bles have been iincluded for gen-
~s is available Upon request from
~ase contact Theresa Fries at
Si ncerely,
Sr. Statistical Analyst
tf
Attachment
HENNEPIN COUNTY
an equal opportunity employer
I
i:
it
LAKE MINN
402 EAST LAKE STREET
April 2, 1982
Frank R Hut~! Jr., Vice Chairman
E~Drlng Park
Roberl P RascoD. Secretary
Tonka E~ay
Orval Fi. Fenstad Mound
Orono
Lois C Johnson
Wayza~
Robert E Slocum Wood,and
R~chard J $oclerOerg
City of Mound
c/o Jonathan E
5341Maywood
Mound, MN 5536.
Subject: 1982
Dear Mr. Elam:
The Lake
of Directors
license for
The license,
is enclosed.
We appreciate
"Save the
Sincerely,
Frank Mixa
Executive
FM:jm
Enc.
cc:
LMCD
CONSERyATIoN
MINNESOTA 55391
er
il~ Dock
and Mooriig Area
~tion Distr~ct Board
your multipl~ dock
LMCD stipulations,
in helping to
ION DISTRICT
DISTRICT
TELEPHONE 6121473-7033
FRANK MIXA, EXECUTIVE DIRECTOR
No. 82-52
Fee Waived
(400 units)
MULTIPLE
ARE
LAKE MINNETONKA
County of Hermepil
CITY OF MOUND
WHEREA3,
c/o Jonathan R. Elam, Manager,
Fee Waived
has paid the sum of
to the Treasurer of said LAKE MINNETONKA
of said District and complied with all the requirer
License:
NOW. THEREFORE, By order of the
said City of Mound
operate a.multiple dock subject to
and regulations adopted by the
1982 dock
for the peric, d' of the
ending December 31, 82
__19 subject to
Given under my hand and the corporate
27 th January
this
Attest.~
Executive
MOO ING· .
DISTRI~JT
of Minnesota ss. ~
Road, City
DISTRICT as reqt
Ordinances necessa
~tors of said District an¢
is hereby licel~
and future densi(
of Directors
Mound
DOLLARS
r~ by the Ordinances
for obtaining this
by virtue.hereof, the
sed and authorized to
:y policies
ns and provisions of
__season and
}rdinances.
DISTRICT
American
Post 398
DATE MARCH 3~, 1982
GAMBL} NG RFFOR~
GROSS:
MONTH Y~R TO DATE
L]'O. O0 ~,~0 o O0
EXPENSES:
~A/ES q AX
PAYOUT AS PRIZES:
PROFIT:
.00
~,SOa. ~8
~750. O0
DISTRIBUTION OF PROFITS:
.AT
BOOSteRS
CHFCKING ACCOUNT
,. 00
Met
801 American Center Building
April 5, 1982
nsit Commission
Minnesota 55101 :ii 6121221-0939
Mayor Rock Lindlan
City of Mound
5341 Maywood Road
Mound, MN 55364
RE: Suspension of Passenger
Dear Mayor Lindlan:
On March 17, 1982, the Metro'
terminate all future ~
already contractually commitl
proceeding with the 1982 She]
early February of this year.
coupled with shrinking source
Commission's decision.
Shelters which have been inc:
installed this year. There
cities which have shelter s
you are in doubt as to wheth.
program, please contact me.
Sincerely, -
/ ~ ;i
,--"h} -'
' '~Laur~nce R. Schumi
Civil Engineer
LRS/sk/095
elter Developme~ Activities
iii!
nsit Commission moved to
t activities to ~hich it is not
that the ~C will not be
which was prop)sed to you in
~struction and mlintenance costs
is the reason f ~r the
"1981" project!l!will be
communicat .on with those
in that projec .; however, if
is included inlthe 1981
cc: Cecil M. Tammen
Commissioner Kincannon
7?/
P.O. Box 387, Wayzata, Minnesota 55391
BOARD Ol: MANAGERS:
David Ho Cochran, Pres. · Albert L Lehman · Jamel S. Ru~el! John E. Thomas
LAKE MINNETONKAi i
1982
OTA
DEAR INTERESTED CITIZEN:
Enclosed for you~
Creek Watershed District's
free to contact any member
Managers should you have any
District's activities.
a copy
)rt for
.~rshed
~B or c
of ti
1981
Minnehaha
Please feel
s Board of
the
Cochran,
sident
Di strict
DHC/mb
Enclosure
cc: Board
of Managers
??.2.
MINNEHAHA CREEK
DISTRICT
ANNUAL
1981
March ~ 1982
7?3
Introduction
Permit Applications
Hydrologic Data Collection
Minnehaha Creek~Improvement
Gray's Bay Control Structure
Water Maintenan¢:e and Repair
Galpin Lake Sto~m Drainage
Municipal Storm Water Manac
Upper Watershed Storage and
West 44th Stree~ Improvement
Creek Clean-Up
Budget/1982
Withdrawal of L~nds
Financial Records
t Project
s
Project
Page
1
2
2
2
2
3
4
4
4
5
5
5
5
5
INTRODUCTION
The names, addresses
David H. Cochran
James S. Russell
Albert L. Lehman
46
Ex(
Mi
360~
John E. Thomas
632
Exl
Barbara J.R. Gudmundson 550!
The present officers
David H. Cochran
Albert L. Lehman
John E. Thomas
James S. Russell
During 1981, twelve
on the third Thursday of
City Hall. The managers
mental units affected by the
district and honored
and state officials as well
groups. Approximately 30
managers received subst
and Carver County Boards of
greatly assisted the d
1981.
Representatives of the
meeting of the Minnesota
December 4 & 5, 1981, and the
Watershed Districts held Jan%
As in previous years,
of all meetings and reports
officials throughout the di
were filed in 1981 with the
Boards of County Commission~
with State Senators and Re
area.
,f the managek~
Circle
55331
Avenue South
MN ~5410
~nrise Drive
~ 55343
Road
55331.
.ue South
MN 55417
are:
Term Expires
March 8, 1984
Term Expires
March 8, 1982
Term Expires
March 8, 1982
Term Expires
March 8, 1983
Term Expires
March 8, 1983
PresidentL
Vice Pres~
Secretary[
Treasurer
:ings were heX~ by the managers
~t 7:30 p.m. $~ the Wayzata
~formation wi~ other govern-
and policie~l~ )f the watershed
~nd meetings 9 municipal, county
~gs of intere, ed citizens and
~gs were atten ~ed in 1981. The
~nd assistah from the Hennepin
:rs through :he year which
ring out its ~rograms during
Managers att~.~ded the annual
of Watershed Districts on
of the Metr~)~°litan Area
.,rs supplied ~)pies of minutes
.,sted citizens and to public
;opies of the L980 Annual Report
Water Resour ~es Board, the
and Car ,er Counties and
s from the w~[tershed district
PERMIT APPLICATIONS
The watershed district
19.'8-1. In each instance, the
by the managers for environ
the district's rules and regu2
for projects such as dredging~
and utility crossings, setbac]
review and drainage and gradil
attached showing the location
As in previous years, a
received were from the Lake
district, reflecting the cont:
Ail permits granted by ti
require compliance with appli~
the permit involves Lake Minn~
regulations of the Lake Minne~
addition, permits issued by
pliance with any applicable
ment of Natural Resources.
as necessary regarding compla~
HYDROLOGIC DATA COLLECTION
The hydrologic data coll~
1981. The data for 1980 is
Report dated July, 1981. Cop
able to the Minnesota Water
Council, the Minnesota Pollut
Natural Resources and local
advisory groups.
MINNEHAHA CREEK IMPROVEMENT
The final accountings f61
Project were completed during
Fund was closed.
GRAY'S BAY CONTROL STRUCTURE
The district continued
Operational Plan for the oper.
.26 permit ap]
project was
s and
Applicationl
.ne erosion
:es, filling,
developmel
of applicatl
iority of the
portion of'
~banization o
~hed district
)al ordin
applicabl~
Di:
district
of the Minl
of Managers ~
permit viola'
ications during
viewed in detail
compliance with
were received
)tection, highway
~re liminary plat
:_ A summary is
~n
received.
~pplications
~e watershed
!that area.
~ipecifically
~ces and, if
,ordinances or
:rict. In
~equire com-
~sota Depart-
~so took action
[ions.
iram was co~. ~inued during
in the annua'~ ~ydrologic Data
ese reports~re made avail-
Board, the M~l~ropolitan
1 Agency, t~ Department of
officials ~ citizens'
Creek
the Improve
its Managem~
the control
~mp rovement
~nt Project
~t Policy and
~ ~ructure at
Gray's Bay during 1981. During 1981, the managers entered into
an operating agreement with the City of Minnetonka to perform oper-
ational and maintenance tasks.
The district also proposed modifications to the Management
Policy and Operational Plan for the control structure in light of
the experience gained during 1980. On June 18, 1981, the managers
held a public hearing on the proposed changes and on August 6, 1981,
the Minnesota Department of Natural Resources approved the requested
modifications to the MDNR permit for the control structure.
As a result of the comments made at the public hearing, the
managers directed the staff to investigate further changes to the
Management Policy and Operational Plan to better accomplish the
purposes of flood control, lake level stabilization, and augment-
ing Minnehaha Creek flow. As of year end, the staff had prepared
suggested changes for board review to accomplish these objectives.
It is anticipated that the requested modifications will be sub-
mitted to the Minnesota Department of Natural Resources and all
the municipalities within the district during 1982.
During 1981, the managers continued to rely heavily upon
participation of each of the creekside municipalities in record-
ing creek elevations and flows and reporting that data to the
district. The district prepared monthly summaries of this data
and made these summaries available to interested municipalities
and citizens. The assistance of each of the municipalities was
invaluable to the district in making the operational adjust-
ments required during 1981 to accomplish the management objec-
tives of the Headwaters Control Structure.
WATER MAINTENANCE AND REPAIR FUND
In 1981, the Board of Managers continued its practice of
requesting from the municipalities within the district suggestions
for maintenance projects to be paid for from the Water Maintenance
and Repair Fund. From the numerous requests received, the managers
approve~ six projects with municipalities of the district. Included
among the projects were aquatic weed cutting, retaining wall repair,
storm sewer improvement, rip-rap placement, creek bank stabilization
and creek dredging.
In all cases, the grants were conditioned upon the work being
arranged for and supervised by the city involved, either through
city employees or by a contractor, and upon payment by the water-
shed district only after inspection and approval by the engineer for
the district.
The availability of municipal matching funds with which to
complete the projects was one of the factors considered by the
managers in making the grants.
GALPIN LAKE STOP~4 DRAINAGE IMPROVEMENT PROJECT
At the request of the City of Excelsior, the managers tabled
further action on the petition of the City of Excelsior to under-
take a drainage improvement project in the Galpin Lake Subwater-
shed. In September of 1981, the city undertook efforts to clean
the drainageway between Galpin Lake and Lake Minnetonka. As a re-
sult of that activity, it is anticipated that the city will assess
whether further action is needed.
MUNICIPAL STORM WATER MANAGEMENT PLANS
The managers reviewed proposed municipal storm water manage-
ment plans from many of the municipalities within the watershed
district during 1981. In each case, the engineer prepared comments
regarding the draft plan and submitted his comments and suggestions
to the individual municipality.
UPPER WATERSHED STORAGE AND RETENTION PROJECT
The work plan for studying the feasibility of the Upper
Watershed Storage and Retention Project within the Painter Creek
Subwatershed was undertaken during 1981. The board formed an
advisory committee consisting of representatives of each of the
municipalities within the Painter Creek Subwatershed as well as
public members to advise the board with respect to the project.
The advisory committee met regularly during 1981 and assisted in
the holding of public informational meetings in the areas of the
proposed project activities. As of year end, additional investi-
gative work remains to be accomplished and further public informa-
tional meetings will be held during 1982 prior to completion of
the engineer's preliminary report on the project.
WEST 44th STREET IMPROVEMENT PROJECT
During 1981, the managers entered into a cooperative agreement
wi-th the City of Edina to provide for creek dredging in the vicinity
of West 44th Street in the City of Edina. This project had initi-
ally been contemplated under the Basic Water and Land Management
Improvement Project for Minnehaha Creek but had been deleted because
of the high bids received at that time. The managers awarded a con-
tract for the work in September of 1981.
CREEK CLE~/~- UP
The St. Louis Park Boy Scout Troop again organized a fall
clean-up of the creek within St. Louis Park. The managers express
their continuing appreciation for these voluntary activities to
increase the aesthetic value of Minnehaha Creek.
BUDGET/1982
As required by law, the managers, pursuant to notice, held a
public hearing in September, 1981, on a proposed Administrative
Fund budget and a proposed Water Maintenance and Repair Fund budget.
Following the hearing, the managers adopted their 1982 budgets for
these funds.
WITHDRAWAL OF LANDS
During 1980, the Elm Creek Conservation Commission petitioned
the Water Resources Board to withdraw certain lands from the legal
boundaries of the Minnehaha Creek Watershed District on the basis
that those lands no longer drained into the Minnehaha Creek Water-
shed. Following hearing, the Water Resources Board approved the
petition and withdrew certain property within the City of Medina
from the legal boundaries of the district.
FINANCIAL RECORDS
The financial records of the district are kept by a certified
public accountant. All financial transactions are recorded in the
minutes of its meetings.
The treasurer of the district maintains separate records for
two funds: (1) its Administrative Fund; and (2) the Water Mainten-
ance and Repair Fund. During 1981, the Minnehaha Creek Improvement
Pr.-oject Fund was closed because this project has been completed.
The managers created a Data Acquisition Fund in September of 1981
to provide for making the necessary surveys and acquiring data in
connection with district activities. Records for each of these
funds includes the dates and amounts of all expenditures, the
names of individuals receiving payment and the purposes for which
payment is made.
The official depository for the district is the Wayzata
State Bank, Wayzata, Minnesota.
The financial records of the district were audited for the
year 1981 and a copy of the audit was filed with the State Auditor
for the State of Minnesota.
Respectfully submitted,
~avf~H. Cochran, President
Board of Managers of the Minnehaha
Creek Watershed District
%00
1981 PERMIT kPPL1CAI'IONS
Chanhassen
Oeephaven
Edina
£xcelsior
Golden Valley
Greenwood
Hopkins
In~ependence
Laketown Twp.
Long Lake
Maple Plain
Medina
Minnetonka
Minneapolis
Minnetonka Beach
Minnetrista
Mound
Orono
Plymouth
Richfield
St. Bonifaciu$
St. Louis Park
Shorewood
Spring Park
Tonka Bay
Victoria
Wayzata
Total s
LAKE MINNETONKA CONSERVATION
402 EAST LAKE STREET WAYZATA, MINNESOTA 55391
BOARD MEMBERS
DISTRICT
TELEPHONE 6121473-7033
FRANK MIXA, EXECUTIVE DIRECTOR
FlcVoert T~ton E~rown, Chaa'rnan
Greenwood
Frank FI. Hunt, Jr., Vice Cnalrn'~an
Spring Park
Robert P, Rascol~. Secretary
Edward G, Bauman, Treasurer
Tonka E~ay
Alan Fasching
ainne trista
Ocval R. Fenstad
Mound
Richard J. Garwood
Deephaven
Jo Eaen Hun'
Lois C. Jol"mson
M~nnetonka Beach
M. Jerr~ Jotmson
Excelsior
Robert S. aacNarnara
Wayzata
RoO®rt K, Pillsbury
Minnetonka
Robert E .~,locurn
Woodland
Richard J. Soc~ert)erg
TO: }~2~BER MUNICIPALITIES
DATE: March 29, 1982
Please find enclosed for your records a
copy of the Financial Statement of the
Lake Minnetonka Conservation District for
1981, and an additional copy for posting.
The 1981 Financial Statement was accepted
by the Board of Directors at its regular
meeting on March 24, 1982.
Frank Mixa
Executive Director
FM:jm
Enc. 2
cc: LMCD Board Members
LAKE MINNETONKA CONSERVATION DISTRICT
FIi~IA'NCI^L STATEMENT
1981
LAKE Iv':INNETOi4KA CONSER\,'ATIO;4 DIS'i- It;CT
FINANCIAL STATEMENT
1981
STATEMENT OF CASH RECEIPTS, DISBURSEMENTS, BALANCES
Fund
General
Petty Cash
Save the Lake
Total
Balance
1-1-81 Receipts Disbursements
$32,401.38 $ 87,363.55 $75,695.87
50.00
11,124.31 18~027.43 9,852.23
$43,575.69 $105,390.98 $85,548.10
Balance
12-31-81
$44,069.06
50.00
19,299.51
$63,418.57
Balance
12-31-81
Investments
General Fund
Save the Lake Fund
Balance
1-1-81 Purchased Redeemed
$26,266.01
11,000.00
$89,702.66 $115,968.67 $
27,000.00 38,000.00
Edward G. Bauman
Treasurer
-0-
CLASSIFICATION OF RECEIPTS - 1981
Donations
Other Income
Total Save
the Lake
Fund
LMCD Communities (dues)
Other Income
Total General Fund
TOTAL RECEIPTS - 1981
Save the Lake Fund
General Fund
$15,965.90
2,061.53
$55,O71.O0
32,292.55
$18,027.43
87,363.55
$105,390.98
Projects
Total Save the
CLASSIFICATION OF DISBURSEMENTS - 1981
Lake Fund
Save the Lake Fund
$ 9,852.23
$ 9,852.23
(Balance forwarded) ~0 ('~
L,t,KE ,~,',l,Lllq E'EC:~iIA COI;SERV/',TIO;,' D',STRfCT
LMCD 1981 Financial Statement
Page 2
CLASSIFICATION OF DISBURSEMENTS - 198] (Continued)
Brought forward: Save the Lake Fund
$ 9,852.23
Administration
Personal Services
Salaries
Auditing Services
Total Personal Services
General Fund
$41,046.00
400.00
$41,446.00
Contractual Services
Telephone
Postage
Printing, Publication & Adv.
Utilities
Maintenance: Office Equipment
Janitorial Services
Other Contractual Services
Total Contractual Services
505.45
1,075.07
903.23
419.55
1,264.23
600.00
2,033.67
6,801.20
Commodities & Supplies
Office Supplies
Books & Periodicals
General Supplies
Total Commodities & Supplies
$ 1,918.58
95.00
150.53
2,164.11
Other Charges
Office Rent
Insurance & Bonds
Memberships
Employer Contributions
Mileage & Expenses
Refunds
Total Other Charges
$ 1,980.00
1,715.00
155.00
6,802.13
1,158.68
974.05
12,784.86
Capital Outlay
Office Furniture, Fixtures &
Equipment
Total Capital Outlay
$ 608.36
608.36
Legal
Legal Services
Total Legal
$10,486.40
10,486.40
Committees & Contingency
Water Structures & Environment
Lake Use
Executive Committee
Public Information & Program
Total Committees & Contingency
Total General Fund
$ 220.33
1,157.06
27.55
1,404.94
75,695.87
TOTAL DISBURSEMENTS - 1981
$85,548.10
WURST
GEI;~ALD T. CARROLL
THOMAS F. UNDERWOOD
ALBERT FAULCONER T~
JAMES D- LARSON
LAW OFFICES
WURST, CARROLL & PEARSON
IIOO FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
April 8, 1982
TELEPHONE
(61 ::') 338-8911
Mr. Jon Elam
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
Re:
Dear Jon:
At the council meetinl
presented to the coun.
the Anderson building
council wanted to kn~
bilities may be in th~
Sale of Snderson Building
on April 6 an option and a letter were
:il regarding parties who wanted to acquire
During the course of the discussions the
what its specific authority and responsi-
sale of real property.
Under Minnesota Statutes Section 412.211 the City has authority to
acquire "by purchase,I gift, device, condemnation, lease or otherwise,
and may hold, manage,jcontrol, sell, convey, lease or otherwise
dispose of such property as its interests require. . " This
general authority is ~ufficient to allow the City to sell the
Anderson building. J
I am enclosing herewith copies of material from the Handbook for
Statutory Cities published by the League of Minnesota Municipalities
concerning the acquisition and sale of real estate, eminent domain
and relocation. Please note on page 183 the second column, that the
council should not authorize the sale or disposition of property
without seeking the advice and prior approval of its attorney be-
cause of the many ramifications which are spelled out which could
have an effect on the conveyance of property. The council is also
warned to proceed with deliberate determination so that the long
term public interest will not be harmed by an action which may seem
to serve an immediate need.
You will also note that under Minnesota Statute 462.356, Subd. 2,
the legislature has made certain rules relating to the disposal of
land after the adoption of a comprehensive plan. Subdivision 2
reads as follows:
Mr. Jon Elam
Page 2
April 8, 1982
Wurst, CARrOLl & PEarSON
"Subd. 2. Compliance with
municipal plan or section
by the planning agency and
lan.
After a comprehensive
:hereof has been recommended
a coPy filed with the governing
body, no publicly owned in':erest in real property within
the municipality shall be acquired or disposed of, nor
shall any capital improvement be authorized by the municipality
of special district or agency thereof or any other political
subdivision having jurisdiction within the municipality until
after the planning agency has reviewed the proposed acquisition,
disposal, or capital improvement and reported in writing to
the governing body or othel
political subdivision conc~
of the proposed acquisitio~
comprehensive municipal pl
to report on the proposal'
or such other period as ma'
special district or agency or
~.rned, its findings as to compliance
disposal or improvement with the
~n. Failure of the planning agency
~ithin 45 days after such a reference,
be designated by the governing body
shall be deemed to have satisfied the requirements of this
subdivision. The governing body may, by resolution adopted
by two-thirds vote dispens~ with the requirements of this sub-
division when in its judgment it finds that the proposed
acquisition or disposal of/real property or capital improve-
ments has no relationship ~o the comprehensive municipal plan."
You may note that the council ~an avoid the planning commission if
by a 2/3rds vote they adopt a resolution dispensing with the require-
ments of this subdivision makiDg aifinding that the disposal of the
real property has no relationship to the comprehensive municipal
p lan.
Jon, in addition to the pages
additional comments from The L
Disposition by Sale. With the
council will be advised by you
practical matter, it would see
property the council would ac1
would first attempt to obtain
from the Handbook, I am enclosing
aw of Local Government Operations on
se treatises I believe you and the
legal authority to proceed. As a
to me that in the sale of the
as any other prudent seller. It
appraisal or an evaluation to ascer-
tain the approximate market ~alue of the property. It would
secondly try to determine why 'it is selling the property and what
it hopes to accomplish. In this case the sale of the property is
not nearly as important as the use of the property by the new owner.
Therefore, in the sale proceedings and before adopting any option
or purchase agreement, terms should be negotiated regarding the
development plans of the purchaser. The City may well accept a
lower price if the improvements to the building will work to the
public benefit.
Mr. Jon Elam
Page 3
April 8, 1982
WURST, CARROLL & PEARSON
i
This will also confirm that in!
referred two architects to you
redevelopment. I believe that
adopted we should negotiate te~
bond that they will redevelop ~
plans. I hope that the eventu
this structure of which all th
be proud.
CAP: ms
dealing with another matter I have
who deal in this particular type of
before any sales document is
~s and possibly even require a
.n accordance with certain specified
Lli outcome will provide a use for
!residents of the City of Mound can
Very truly yours,~
~rtis A. Pearson
City Attorney
182
quire coordinated activity. The laws concerning
shorelands control, flood plain management, criti-
cal areas, and wild and scenic rivers, all involve local
planning and are discussed in the next chapterJi
County boards are authorized to conduct pian~t
ning activities and enact traditional land use con.~
trois.70 Cities may contract with the county roi
planning and zoning services, but county regulation~
are not effective within the municipality until it[
formallt' accepts them.71 A county is authorizec~
to adopt and/or enforce plans within a municipality
upon the request of the municipality.72
Most counties engage in planning and have land
use control ordinances. Coordinated actMty beti
ween municipal councils and county boards is im~
perative.!,
In many areas of the state, cities are adjacent
each other. A city should consider its neighbor'S.
plans, as well as the county's, v;hen developin~
or modifying its plan to avoid inconsistent uses
adjacent areas. Because of a lack of voluntaryco~
ordination of planning activities, state-direczedl.
planning is receMng attention by the legislature.!
Unless counties and cities learn to work together ini'.
planning for their area' '
s development, reglona andI
state planning control over local planning effortS~
mat' become a reality.
The joint powers act,73 discussed in Chapter
and the regional planning act74 (not to be confuSec
with regional development commissions) are two
laws which local governments can use as vehicles to
coordinate planning activities. ,
H. TAX CONSIDERATIONS
Tax policies have an important impact on ~h,
process of making land use decisions. (See Leagu~
publication Local and Regio~al PlamHng in 31i~nc.
sofa, Chapter 10, for more information.)
f
The desire for increased property taxes, orex
ample, has led some city councils to make land. lus.~
decisions in an effort to attempt to attract ~ig~
tax-producing land uses, such as commercial-in~iusf
trial development and discourage log, tax-produdin[~
uses, such as log' and moderate income housingi!
The Minnesota Green Acres Law,75 which au,
thorizes a system of deferred taxes and assessment~
for agricuhural land, also serves to complicate the
process of making land usc decisions. There ~s no
requirement that the administration of this lan, be
coordinated with the local plans for community
development.
Tax increment financing uses the increased pro-
perry taxes from industrial and commercial de-
velopment to pay the principal and interest on
bonds issued to finance the public services required
by the development. This method max,' be usedb~,
Eousing and redevelopment authorities (HRA's)76
, cities within development districts (see part E
this chapter), and by cities, port authorities and
a RA's under the industrial development act (see
rt C of this chapter).
'l Other tax laws which complicate the ~ssue of
Communi_tx2 development include the Fiscal Dispar-
ities La~v~/ and the lan' permitting cit!' councils to
establish urban/rural service taxing districts.75
The lag' permitting/the conveyance of tax-for-
~eited land to a city 9 mas.' be a method a city
could use to acquire land as part of its communit!
development program.80 (See League memo
"Tax Forfeited Land - Conveyance to Municipali-
ties for Public Use.")
1. ACQUISITION AND SALE OF REAL ESTATE,
EMINENT DOMAIN, AND RELOCATION
Acquisition and Sale of Real Property
In addition to the lan' permitting cities to ac-
quire tax-forfeited land (see previous paragraph),
cities are authorized to acquire, either within or
Without their corporate limits, such real and per-
Sonal property as the purposes of the city mai' re-
quire, by purchase, gift, devise, condemnation,
lease or otherwise, and to hold, manage, control,
sell, convey, lease or otherwise dispose of such pro-
perry as its interests require.
memo "Purchase and Sale of Real Property by
Cities.")
Any county, town, citt', or other public corpora-
tion mat. convey its lands for nominal or withoul
consideration to any governmental subdivision,
another public corporation, or to the Minnesota
State Armory Building Commission for ~ublic usc'
When authorized by its governing body.8
~~_~~.~l The general rule is that
authority must be conferred by a statute or char-
ter to enable a municipality to alienate lands held
in trust and used for a specific purpose. If land has
been dedicated and, used. for_.apublic___: ~_k~parl~ 9r re,
f~municLp.al
pr~~b public and has no powe~?~
183
to_.,~_ppr~riate suct!~nds [or_t~_ e ute ~nd__he_nefzt
o~ Private-~'e'rsons or in any way to divert the land
o intent 1o conve~ the limitabon to use is
ublic park or square C~ D~ly by
~~d,iu,~ ,n the same" ~a<'~~~a stree,~ V;,ca.
en~nio~ ~o~,f~,~U ~ ~~ ~ t1~ ~flt~
~]~L~o[_~~~es !~ .uncerla~n. Most c;~
ave held that land acquired without restrictio~
o use may be sold for other purposes.85 This
rue, accordin~ to most of these cases, even thoJgh
he land may have been improved and used fl~r
ertain period as a park. T~~~
owever, for the st~- ~ ~' ' '
~ ~,~:4~~p~~oses even
he~_~_, deed
vhaLis called a fee s~mple delerml~[e ,nteresl,..
ehich case the property may be sold but the buyer'l
qterest ca~ be terminated if the property is
tsed for the purpose mentioned in the deed to'the
ity.87 In some cases a bare statement ofpur~oS~
s construed merely as an attempl to explain
eason for the conveyance and is given no lega~
ect.88
It should be added that when the cit3's titl~
nents granting a cono~ suoseq~~
I
fo
a~
L'fft~'~S'-~il'a-'~06s'back at least to 1908 am
tions that the council s~uldm, a: z.d,~;~ a~
or nthpr diznnsitinn of the oroDertv without seqk.-
i~ the advice and prior ,approwl nf it~ ~t~rn~
and, ppssibly, even a court action clarifying its au-
After a comprehensive plan hasbeen approved by
the planning commission or ~th~r nbnnin; ~cy
i~a0Y city~ no real property may be acquired o~
~29sed of by the city until after the P~n~
a~d t~sal ~d.. ..rted to
~k,l~rd~b-}ep~rt'~tn~n 45 days after r~fe?ral
o~ the proposal to it is the same as approval. The
council may dispense with this referral require-
proposed, g ;~ u ~.~ ~n.~. ~j~~b-
Ordinarily the municipal council is the a~cncy to
exercise the powers of a city where zl~cre is nospeci-
fic charter or s~atutory provision requirin~ that
they be exercised in any other way. Assumin~that
there is no bond issue involved, there is no ~cneral
Statutory requirement tha~ a statutory city coun-
Cil must submit to the voters the question of pur-
chasin~ real property for corporate purposes. Ordi-
narily, the decision is wholly one for the council.
~his is true whether the city has money on hand
~o pay for the land or purchases the property on a
tontract for deed, by the lerms of which the only
[emedy of the seller for non-payment is reposses-
ion of the property?] However, if thc contract
pqce should exceed ]% of the assessed valuation of
~he city, the city must publish, in the official news-
paper, a resolution statin~ thc intention to make
~,~ch a purchase by contract. It must then~'ai~
~ys before enterin~into the contract. If, in tha~
cn-day period, a number of voters, equal to
~ the voters vmin~ in the last regular election,
should petition for an election on thc purchase, thc
question must be voted on at a regular or special
election.
no notice of that interest was filed prior to 1948ii
the reversionary interest may, under the marke~
able title act be lost even though the city did n°t or
cease using the land for the required purpose untiJl !'~sj~'~o,~'n~e's:~;
after that date.89
c.,..~D.~re is no such requirement for statutory
I'~'~~"~t r~-th'~'-~i?E-~_fi~~3; cities so far as real property is concerned. The lag'
s~d ~hat',~he;~~~F~lo:tonYeylar~d~/tros~/,'-~,nly requires statutory cities to advertise for bids
184
for all contracts for the purchase of merchandise,
materials, equipment, or for an~ kind of construe:?
~i. i
tion work undertaken by the cih~w'hich req~,re~
an expenditure of $5,000 or more. 2 The uniform
municipal contracting law excludes real proP.~rt~
from its contracting requirements.93
The Minnesota Supreme Court has held ti-:'
city charter requiring advertisements for bid
all contracts involving more than $250 for comrfi.'
ties or services (defined to include all labor,
ials, property, lighting, and other services an.
local and public improvements) does not appl
leases of real estate since a particular plot ma
desired, and there is no way of stimulating cur
tition through a bid requirement as would be
case if the munic~P4ality were buying standard
erials or supplies. ' The same reasoningclearl
plies to the purchas~ of real estate. It wou
meaningless for a municipality to be forced
vertise for bids where, as is usually the case, or
particular piece of property is desired and can
narily be obtained only on the basis of terms
red through negotiating with the owner of thl
perty.
t · advertlsi n.~
1-he procedure for conveyance of real est~
simple. Where no bids are re( and a
can be secured whois willin
a TeSjl~i'~'h~S~i'~' '{~e' fhe- 0roperty
directing the clerk and mayor ~o execute the n.
sary conveyance. The deed should beexecute
the par~ of a statutory city by the mayor and
and sealed with the corporate seal. In the ca
home rule cities, charier requirements shouh
complied with. ~7~!'0Ye~~ffthe ci
cji should first~~SN~-~i~n'~oirecting
clerk to make the advertisement and, after d~
mining which is the best bid, it should adopt
other resolution accepting the bid, making a
to the successful bidder, and directing the
and mayor to execute the necessary conveya
If funds
v id e d~.~ ~ e ~]~:~B ~ ~i~'~ J~
A c_9ogY~,,.~t~c, e~Z..Cee~.p,!?~j3!e~ay be ei
,Y ,,'~rran~t.yS:o~.~-q-~t~rn~eed: .T.b~ latter is
'orm ~Jsualiy adopted wl4e~'tl~-~"~,-~antor (i.e.
city making the conveyance) does not wish tc
responsible for the title. Simple forms are I~ro-
vided by statute. If the statutory forms are u~,ed,
i'
lhe recording fees are substanliall7 reduced.
Statutory city property may be sold on a con-
act for deed when the council determines that
est interest of the city will be served there-
A city may give an option to purchase even
ough the result may be to prevent acceptance of
offer which comes along later. SimilarlT,
city's power to purchase real estate by an option
retract is implicit in its general power to purchase
though it may lose the option payment if it
fils to make the purchase.96 The city may attach
use or other condition in its deed of conveyance
ned to secure what the council reasonablx,
)nceives to be in the interes! of the city.97 In
her mun
land it holds in fee simple.
minent Domain
Eminent domain is the right of the state to ap-
ropriate private property to public use upon the
zment of just compensation. Every city is granted
~is right by statute in order to acquire private pro-
either within or without the corporate limits
)r any purpose for which it is authorized by law
take or hold ttqe properly by purchase or gift.99
League memo. "Municipal Acquisition of Pro-
erty by Eminent Domain.") Property may be
tken under the right of eminent domain only for
public purpose.
This right of eminent domain, or "condemna-
on" as it is popularly called, permits the acquisi-
on of propert5 against the will of the owner upon
.,ment of the value of property, fixed in Minne-
)ta by court-appointed commissioners. The refu-
ti of a property owner to sell, however, is not a
precedent to the right to institute emi-
domain proceedings.100
Whether or not the right of eminent domain
d be exercised and condemnation proceedings
uted are questions for the council. If the
3wer of eminent domain is given and the purpose
a public purpose, the necessity, propriety or ex-
y of exercising the power by the city is for
the council to determine.
: To acquire property by eminent domain, cities
must follow the procedure set out in the compre-
hensive eminent domain law.TM Under the statu-
tory procedure, proceedings are commenced by the
council, normally by resolution. A petition is then
filed with the district court which, if it determines
that the purpose is an authorized public purpose,
LOCAL GOVERNMENTPR,
Illustrative of leases of municipal prop-
e~ty' which have been held valid as not
des~oying the public use or character of the
proper~y are those providing for: the rental
of a municipal auditorium for entertainment
or concerts,t4° for either a single evening or
for any number of evenings;t4~ lease of con-
vention hall to promoters of professional
boxing, wrestling and other sporting
events;t4: lease of property for a ferry basin
and terminal;~43 lease of park prope,~y;ts4
lease of property for a hotel,:45 professional
baseball,~s or parking lots; t~7 lease of prop-
erty for oil and gas drilling;t~a the lease of
airpor~ facilitiest4s to owners of private
planes and commercial airlines,tS° and to
restaurant concessions at the airport2st and
exelusive taxicab leases or franchises for
transportation at the airport,ts2
discretion, the municipality may
~ermit the cost of permanent fixtures or
improvements to be paid for by the muniei-
pality out of
municipally owned,
another and sublet
§ 15.11. Disposil
municipality holds
mental capacity,
position accorded a
absence of
not sell the'
municipality may
holds in a private
if the property is
purpose.
regarding the sa
must be
It is generally
poration has no
erty which is
of charter or
abandoned, or
F Supp 359 (ND T
tran Taxicabs,
1978), exclusive
portation must be
and must not con:
competitive
'SaLes Angeles
492, 197 P 4O3
t~Los Angeles
492, 197 P 403 (1~.
~S~McRobie v.
A2d 655 ( 1971); A
NE2d 208 (1969)
Mich 614, 219 N
t~Kirkland v.
(1953); Bennett
1959); McRobie
A2d 655 (1971).
~?Los Angel
nor, 110
v. Dayton, 12
~United
(ND Tex 1964);
150, 496 P2d
Ohio St2d 71,
'~Frederick
SW2d 267
NYS2d 722,
(1955);
SW2d 558
t~kmusement Syndicate Co. v. Topeka, 68
Yom 801, 74 P 606 (1903); Gottlieb-Knabe Co. v.
i~.klin, 109 Md 429, 71 A 949 (1909).
mC~tt~ieb v. Knabe Co. v. Macklin, 109 Md
429, 71 A 949 (1909).
~*~Clarey v. Philadelphia, 311 Pa 11,166 A 237
~K)cean Beach Ferry Corp. v. Ocean Beach, 92
l~/S2d 275 (1949),
~'%Vest v, Monmouth Beach, 107 NJL 445, 153
& 495 (1931).
~I'Iarter v. San Jose. 141 Cai 659, 75 P 344
~4).
~Green v. Garre~L 192 Md 52, 63 A2d 326
f1~49).
~*~Berns~ein v. Pittsburgh, 33 Pa 200, 77 A2d
1951).
v. Kahn, 194 La 55, 193 So 461
Central Land Co. v. Grand Rapids, 302
d 485 (1942); Keaton v. Oklahoma
187 0kla 593, 103 P2d 938, cert denied 311
; (1940).
v. El Paso, 98 SW2d 394 (Tex
Hildebrand, 110 Cai App2d 645,243
(1952); State v. Date County, 62 So2d 404
Christopher v. El Paso, 98 SW2d 394
1936).
el v. Holling, 258 App Div 180, 15
975 (1939).
~tal Bus System, Inc. v. Dallas, 386
291
'the land is
by it from
~ee,a~
~here a
a govern-
l~ower of dis-
)w~er, and in the
it may
theiiother hand, a
ope~ty which it
~ capacit?~
municipal
provisions
property
cot-
to sell prop-
ardless
such
use has been
has become
~Woolen v. Sur-
1025 (ND Tex
ground trans-
s~ate policy
rotation of anti-
51 Cal App
51 Cai App
Md 464, 272
Mass 382,252
dand Park. 242
; 824.76 SE2d 396
SW2d 573 (Ky
26O Md 464, 272
r Court, 51 Cai
: Skowipz v. Vent-
554 (1969); Young
NE2d 655 (1967).
F Supp 611
7 CalJd
Young v. Dayton, 12
(1967).
304 Ky 740, 212
v. New York, 145
Div2d 760, 154 NYS 427
157 Tex 551,305
392
THE LAW OF LOCAL
unsuitable or inadequate for the purpos
which it was dedicated, is a power of
position recognized in the municipal ~
poration.~6° Thus, public service plants,
eluding waterworks~6~ and electrical
ties,~*~ are generally declared to be hel¢
trust for the public, so that they cannot
sold by the municipality without ex
legislative authority. Further, a
pality cannot sell its harbor and dock
erty?a land held for garbage disposal,
and property held for fire protection
poses~s on the ground that the
held in a governmental capacity.
Oeneraliy, courts will not interfere
the discretion of a municipal
~ the -~ale or disposition of municipal
ert~'~ under proper authorikv in the nbs,
o,f a clear showing of fraud or illegahty. ,6,
ha~ been held that a i,~xpayer may not enj(
t~ae_~l~.~f municipal property b~ause aft
ir~de,quac)-.of~ .o?..Lcid?ation~.: or becau
property was reeonve.ved to the same
wl~o so~ ~ t6 the City £or)e~s than its yah
bu~ for more than the ~itv paid for-'it.
'~*Zachry v. San Antonio, 157 Tex 551,
SW2d 558 (1957).
~*~New Orleans v. Mom/s, 105 US 600 (1881
~*;Baker v. HawkSns, 261 Ind 143, 300
653 (Ind 1973).
~*Dix v. Port Oyord, 131 Or 157~ 282 P 1(
(1929); Commercial Waterway Dist. v.
County, 200 Wash 538, 94 P2d 491 (1939).
~Curr), v. Highland Park, 242 Mich 614, 22
NW 745 (1928).
~aSBuckout v. Nea-port, 68 RI 280, 27 A2d 31
(1942).
~Mobile v. Bd. of Water & Sewer
258 Ala 669, 64 So2d 8~4 (19531; Robinson v. H~
Johnson & Co., 206 Okla 397,243 P2d 657
Kalmbach v. Mobridge, 81 SD 158, 132 NW2d
(1.c~54); Neel v. Laramie, 488 P2d 1056 (Wyo 1971).
~**Clovis v. Southwestern Pub. Serv. Co., 41
NM 270, 171 P2d 878 (1945); Schatz v.
eil, 61 NW2d 423 (ND 1953); Rushing v.
SW2d 482 (Tex Civ App 1929).
~sWill/ams v. Wylie, 217 SC 247, 60 SE2d
(1950).
~Matthews v. Darby, 165 Ga 509, 141 SE
(1928); Barclay v. Wapsinonoc Sch. Tp.,
181,138 NW 395 (1912).
~:~Urfion Investors, Inc. v.
lENT OPERATIONS
a taxpayer may n-~i~.njoin.ihe
~ginjury, m
wilt wafter some pe.r~or~l t0ecun~ary
~fir-~v aside from that s~ed by ~e
~public.'~ However, one co~t h~
may authorize t~-
on behalf of the public, to sue ~5th-
~ required to prove p~ticular dam-
than that which is common to the
public.~*~
f~ the sale of mu~ci~
~sta~tebr crater ~
pm~sie~ ~ff~qu~e the
at an election?* or coder
u~n the municipal goverdng
Md 585, 2~ A 453 (1966); Colwell v.
117 Mont 126, 157 P2d 1013 (1945);
City Council, 61 NW2d 423 (ND 1953);
h v. Mobridge, 81 SD 158, 132 NW2d 293
:efield v. Carbon Hill, 215 Ala 22, 108 SO
~; Harvey v. Bd. of Pub. Instruction, 101
133 So 868 (1931); South Texas Pub.
v. John. 7 SW2d 942 (Tex Civ App
v. Carbon Hill, 215 Ala 22,108 So
Henderson v. McCormick, 70 Ariz 19,
(1950); Drexler v. Bethany Beach, 15
4, 135 A 484 (1926).
lerson v. McCormick, 70 Ariz 19, 215
Adams v. Bryant, 236 Ark 859, 371)
(1963); Quackenbush v. Cheyenne, 52
70 P2d 577 (1937).
as v. Bo'ant, 236 Ark 859,320 8W2d 432
&Air Terminal Services, Inc.,
393 P2d 60 (1964).
· v. Williams, 500 SW2d 178 (Tex Civ
v. Bd. of Pub. Instruction, 42 So2d
Unification Church v. Clay Central
253 NWgd 579 (Iowa 1977); McKirmey
250 SW2d 924 (Tex Civ App 1952).
bodY to determine that
to be needed for public
by the voters.~
, ~ of~__mnnidpal
is a diffe_r.en~e of
~ion F~. quired ;b~-:a ~
property. However, it
thht the sale of munici'
administrative action re(
lution ?* but some
a~teg/slative acfioh
imp%me~.a[ion bY ~6kdir
ruination as to the proper
used by the council is
under initiative and refe~
since only those acts whic
nature are subject
erally, under the fore
property by resolutipn
subject to these ' '
§ 15.12. Loss By Exec,
Debts. It is the general
held by a municipality in
capacity is held in trust
and is immume from
~qndependent Sch. Dist. )
Idaho 203, 228 Pgd 939 (1951);
burg, 252 8W2d 44 (Ky 1952).
Research Bureau v.
(1952).
~:~People v. Centra[ia, 1
NE2d 410 (1952).
~**Inn Operations, Inc. v.
Co., 261 Iowa 38, 152 NW2d
City Merchants Council v.
186 A2d 684 (1962).
~S°In re Supreme Court Adj'~
P2d 3 (Okla 1975); I4,alama~
Ass'n .v. Kalamazoo, 345
(1956).
~Wilder v. American
936 (Tex Civ App 1940).
~S2Berman v. Denver
(1949).
~aln re Mitchell's Petition,
194 NE2d 560 (1963).
~Meriwether v. Gannett, 1
Werlein v. New Orleans, 17
Guttenberg v. Thomas, 88 N
(1915).
LOCAL GOVERNMENT
to determine that the property ceases non-
needed for public use, aSthout tariff- for
~,um by the voters.
"j~pe*dtiv e pidding ~y ~so ~ req~:
~t~ ~e of ~~ prop~y?~ There
~ ~qmr~-by a m~ g~er~g m the ~e ~
Vr~rtv. However, it is the majo~ty rule
~h~ ~ale of mu~eipal property is an ~en
~Ammi;lrative action reqR~ing only a reso- mu~
"~ b'~ some co~s have held that it is
~r~;lafix'e ac~on'requirlng ~bre formaI
ion ~s ~o the p~oper form of action to be held
by the council is of ~eat importance
=~,der initiative and referendum provisions and
on}y those acts which are leas)at}ye in
,.~:ure are subject thereto,~s~ and, gen-
~'~'.b. under the foregoing rule, the sale of
v,,~¢O by resolutign or ordinance is not
,~,)ect ~o these provisions.~sa
15.12. Loss By Execution and Sale for
[~bts. It is the general ~le that property
by a mu~cipality in its governmental
apachy is held in trust for its inhabitants u~t,'
is immume from execution and sale for the
,'.'lr~]e[endent SeN Dist. No. 7 v. Barnes, 71
203, 228 P2d 939 (1951); Bro~-n v. Harrod~ La 43
252 SW2d ~ (Ky 1952); Long Island Land
F~arcL Eureau v. Hemps~ad, 118 NYS2d 39
"'People v. Cemraha, 1 I11 App2d 2~,
NE~d 410 ~1952).
~ln~; Operations, lnm v. River ~lls Motor Inn
t~;l low~ 3~, 152 NW2d ~$ (196D; Jersey
~erckants Council v. Jersey City, 39 NJ 42,
~I~ re Supreme Corn Adjuration, Inc., M3 1~ P
3 (Okla 1975); ~lam~o ~unicipal UtiL
~'. Kalamazoo, M5 Mieh ~18, 7~ NW2d 1
mWilder v. Amefie~ Produce Co., 14~ SW2d
~'ex Civ App 1~0).
~an v. Denver, 120 Colo 218,209 ~d 7M
11~.
~in re M~teheB's Petition, ~ l~ Appgd
~e~we~er v. Ga~ett, 1~ US 422 (1~0);
~e~ v. New Orlea~, 1~2 US B~ (1~);
TY 393
Thus, machinery
ks plant,as~ a municipal
,s~ and municipal
'" have been held
and s~e for debts. On
ere a
power to mortgage
ec~ ~o foreclosure on the
)n.'s~ Like~fse, it has
who sel}s machinery to
a hen thereon may
and sale of the ma-
rule that property
"private" or "pro-
} is ~ot su~ect to execution
of debts?~ but
to the contrary.~2
Adverse Possession;
to land affected by the
dedicated to a public use
be acquired by adverse
against a muniei-
other local governmental
few courts have held to
rule has been held to
Commercial Credit Co., 173
Morris, 105 US 600 (1882).
York, 31 NY 164, 88 Am
City, 111 Ala 629, 20 So 649
59 Ga 765 (18753.
Engine & Boiler
I13 SW 97 (1908); Allis-
% Ellensburg, 108 Wash 533,
Garrett, 102 US 472 (1880);
64 Cal App 598 29-2 P 166
15 Okla 49.8, 82 P 1041 (1905).
70 Cai Rptr 716, 264 Cal
Lodge of Independent
v. Thomasville, 224 Ga 4,
Folsom v. Afford, 204 S~2d
Chesapeake
197 A2d 821 (1964).
218 Ark 542, 237 SW2d
426 P2d 336 (Okla
~ ora statute to the contrary.