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82-05-04MOUND CITY COUNCIL May 4, 1982 Regular Meeting City Hall - 7:30 P.M. CITY OF MOUND AGENDA Mound, Minnesota 1. Minutes of April 27, 1982 Regular Meeting 2. Assignment of Docks to Avalon Beach Area 3. Review of Ads to be placed for: a. City Land by Sewer Plant b. Anderson Building 4. Drainage Problem Between Balsam and Spruce 5. City of Mound vs. Miller 1980 Street Condemnation (It may be over) 6. Resolution Authorizing Indemnification of Deductible Amounts for Public Officers 7- Hennepin County CDBG Resolution for 1982-83 8. Comments & Suggestions from Citizens Present (please limit to 3 minutes) 9. Revenue Sharing Allocation for 1982 10. Set Date for Public Hearing - Conditional Use Permit for PDQ Food Store - May 25, 1982 il. Set Date for Public Hearing - On & Off Sale Beer Licenses" for Three Points Tavern - May Il, 1982 12. Miscellaneous/Information a. Letter from DNR on Lost Lake b. Letter for U.S. Post Office c. L.M.C.D. Agenda & Minutes d. Copy of Letter to Don David on Insurance e. Ehlers & Associates Financial Notes f. Copy of Letter to PCA g. Letter from Planning Area 4 about CDBG Funds Pg. 907-919 Pg. 920 Pg. 921 Pg. 922 Pg. 923-924 Pg. 925-929 Pg. 930-931 Pg. 932-933 Pg. 934 Pg. 934-a Pg. 935 Pg. 936 Pg. 937 Pg. 938-943 Pg. 944 Pg. 945-946 Pg. 947-951 Pg. 952 Page 906 78 April 27, 1982 under the new Zoning Ordinance it became R-I Residential. He presented the following information pertinent to this zoning matter. 1. A letter from Rockvam Boat Yards indicating interest in this property to build warehouses for winter boat storage. 2. A purchase agreement from Mr. Alfred Braegelmann offering $37,500.00 for this 3 acre site if it is zoned I-l. He would use the property for his plumbing and heating company. 3. The section of the new Zoning Ordinance defining Light Industrial (I-I). 4. A letter from the City of Minnetrista expressing their concern regarding I-1 zoning in this area as it relates to environmental impact, access and traffic circulation, and the impact on the adjacent residential area. 5. A petition submitted by Mr. & Mrs. Rex'Alwin objecting to the proposed I-1 zoning. The Mayor opened the public hearing and asked for com~nents from the persons present. LeRoy (Rex) Alwin presented his petition objecting to the I-i zoning for the following reasons: l. It would impose incompatible development within an area that is maintained as rural or semi-rural in character. 2. It would present a severe environmental impact on the quality of the surrounding neighborhood. 3. Neighboring property to the West of this proposed zoning across Westedge Blvd. in the City of Minnetrista is zoned residential. 4. The land under consideration does not lend itself to industrial use. 5.Property does not have any immediate road access to Westedge Blvd. 6. The property to the North of the proposed zoning is maintained in natural conditions, undeveloped, original climax forest area, perhaps the only one of its kind left in the Minnetonka area. 7.When the City acquired the property by tax forfeiture 15 years ago it was recommended by the Park Commission that this area be set aside and maintained as open space, "green area" for present and future public use and appreciation. Since that time it has been maintained as such. 8. It has great historical interest. Bob Hanson, Gary Paulson, John Wagman and Elizabeth Jensen were objecting to I-1 zoning because it would be spot zoning and they felt it should be R-1 residential. The Mayor closed the public hearing and asked for comments from the City Council. Councilmember Swenson pointed out that the City owns too much property and he would like to see as much as possible back on the tax roles. Councilmember Ulrick stated that for years this property has been considered as the site for a new public works building and he felt it should have remained I-1 zoning in the new Zoning Ordinance. Councilmember Polston felt the City should find the highest and best use for the property, but act prudently and not do any spot zoning. 79 April 27, 1982 There was discussion by the Council about trying to sell the property as R-1 Residential for a certain period of time and if it does not sell, then rezone the property to I-1 Light Industrial. Councilmember Ulrick moved and charon seconded the following resolution. RESOLUTION #82-102 RESOLUTION TO REMOVE FROM THE R-1 RESIDENTIAL DISTRICT AND ADD TO THE LIGHT INDUSTRIAL I-1 DISTRICTTHE 3 ACRES LYING NORTH OF THE RAILROAD TRACKS ON WESTEDGE BLVD. The vote was 2 in favor with Councilmembers Charon, Polston and Swenson voting nay. Motion failed. Councilmember Charon moved and Polston seconded the following resolution. RESOLUTION #82-102 RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE THE 3 ACRES LYING NORTH OF THE RAILROAD TRACKS ON WESTEDGE BLVD. AS R-l RESIDENTIAL FOR SALE FOR A PERIOD OF 6 MONTHS AND IF NOT SOLD THEN THE COUNCIL WILL RE-EVALUATE FOR I-1 LIGHT INDUSTRIAL The vote was 4 in favor with Mayor Lindlan voting nay. Motion carried. B. PROPOSED USE OF REVENUE SHARING FUNDS The City Manager explained that this public hearing is to propose ways to use the Revenue Sharing Funds we get from the Federal Government. The Mayor opened the public hearing and asked for comments from the people present. Pat D-Aviza stated that he would like to see the City Hall made accessible to the handicapped. A chair-lift or elevator was to be installed when the building was built and is still not done. Mr. Alwin asked what Revenue Sharing Funds can be used for. The City Manager answered - Any public use except welfare. The Mayor closed the public hearing. The City Manager explained that proposed uses he and the department heads have come up with. They are as follows with approximate costs: 1. Tire Balancing Machine (Used) 2. Pressure Washer (Car/Truck) (New) 3. Summer Interns for City Manager's Office a. Master Park Plan b. Use of City Land Study 4. Downtown Study for DAC 5. Refurbish Three Points Tennis Court 6. Vac-All Truck 7. Police Car 8. Painting and Refurbishing City Hall 9. Fence Around New City Maintenance Building 10. City Hall Remodeling 11. Spring & Fall City Clean-Up $ 900.00 1,600.00 4,OOO.OO 6,75O.O0 10,OO0.O0 15,000.O0 8,000.00 10,OO0.O0 8,OOO.OO 20,000.00 10,OO0.00 8o April 27, 1982 12 Park Dept. Truck Repairs 13. File Cabinets - Finance Dept. 14. Magnetic Locator for Water/Street Dept. 15. Post Drive 16. Election Counter 17. 1983 Fire Dept. ReJief Supplement 1,O00.00 5oo.oo 55o.oo 785.0O 6,000.00 3,5oo.oo Councilmember Polston suggested adding: 18. Money towards the purchase of a new Public Works Building 37,500.00 Councilmember Ulrick suggested adding: 19. Beginning a fund to make City Hall accessible to the handicapped 20,000.00 Ulrick moved.and Swenson seconded the fOllowing resolution. RESOLUTION #82-103 RESOLUTION TO SET MAY 4, 1982 AS THE DATE FOR FINAL ADOPTION OF THE REVENUE SHARING BUDGET The vote was unanimously in favor. Motion carried. C. DELINQUENT UTILITY BILLS Mayor Lindlan opened the public hearing and asked for any comments or objections from the public on the delinquent utility bills. Ray Kramer, 3133 Alexander Lane stated that he was unemployed but now has a job and would like to make arrangements to pay his bill. The City Manager advised him to contact Lois in the Water Dept. on April 28, 1982. His name will be deleted from the list of shut-offs. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-104 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,059.35 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THESE ACCOUNTS The vote was unanimously in favor. Motion carried. MOUND FIRE DEPARTMENT RELIEF ASSOC. ACTUARIAL STUDY The City Manager explained that the Fire Department Relief Association is asking for a pension benefit increase from $185.O0 per month to $210.OO per month. He explained that there are adequate funds in this fund to grant this request, but that they want this increase to be retroactive to January 1, 1982 and philosophically he feels retroactive budgeting is not good. Polston moved and Charon seconded the following resolution. RESOLUTION #82-105 RESOLUTION TO APPROVE THE FIRE DEPARTMENT RELIEF ASSOCIATION REQUEST FOR AN INCREASE IN BENEFITS TO $210.OO PER MONTH RETROACTIVE TO JANUARY 1, 1982 Discussion by the Council followed. Councilmember Ulrick asked the City Attorney if retroactive pay was legal. The City Attorney replied that he did not see a problem with retroactive pay. 81 April 27, 1982 Councilmember Ulrick stated that he would be voting no on this item because it does not fit into the sequence of budgeting causing a burden to the taxpayers. He felt they should have asked for this increase at budget time so the City could levy for it. Councilmember Swenson stated that the Relief Assoc. has to wait for the Actuarial Study before asking for an increase, thus the increase could not be requested at budget time and that this item has been handled like it is proposed on other occassions. Councilmember Polston stated that even though it was not budgeted, the money is there;and that' it this is basically a bookkeeping problem since the money is not coming out of the General Fund. He also stated that since the City signed the three year agreement we could not really back-out now. The vote was 3 in favor with Mayor Lindlan and Councilmember Ulrick voting nay. Motion carried. CONTINENTAL TELEPBONE RATE CASE UPDATE City Attorney Jim Larson reported that the first round of hearings has concluded and that we are making some headway on revenue issues. He will keep the Council posted on new developments. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mayor Lindlan asked for any comments or suggestions from citizens present. Gary Paulson asked when the City would be putting the street signs back in place. The City Manager explained that Public Works is working on this but they had to wait until the frost was out of the ground. Now that it is warmer they will be out installing the signs. BID AWARD - 1974 OR NEWER VAC-ALL The City Manager explained that only one bid was received from MacQueen Equipment for $30,OOO.O0. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-106 RESOLUTION TO AWARD THE BID THE 1974 VAC-ALL TO MAC QUEEN EQUIPMENT IN THE AMOUNT OF $30,000.00 LESS RENT ALREADY PAID The vote was unanimously in favor. Motion carried. BID AWARD - 1982 SEAL COATING PROGRAM The City Manager explained that 3 bids were received and that Allied Blacktop was the low bid at $35,194.OO. He also reported that with all costs calculated, we would be about $21,O00.OO below the budgeted amount of $68,000.00. So if streets other than the ones on the plan needed to be seal coated, we could do them. 82 April 27, 1982 Swenson moved and Polston seconded the following resolution. RESOLUTION #82-107 RESOLUTION:TO AWARD THE BID FOR THE 1982 SEAL COATING PROGRAM TO THE LOW BIDDER ALLIED BLACKTOP IN THE AMOUNT OF $35,194.00 The vote was unanimously in favor. Motion carried. REFUND OF DOCK PERMIT FEES Swenson moved and Charon seconded the following resolution. RESOLUTION #82-108 RESOLUTION TO APPROVE THE LIST OF DOCK REFUNDS AS SUBMITTED BY THE DOCK INSPECTOR IN THE AMOUNT OF $401.50 FOR THE REASONS STATED The vote was unanimously in favor. Motion carried. SALE OF CITY LAND - LOT l, BLOCK 38, WYCHWOOD The City Manager explained that on March 23 (Resolution #82-79), the Council authorized him to negotiate the. sale of Lot l, Block 38, Wychwood less the right-of-way. He has negotiated a price of $2,000.00 which will pay off the special assessments against this lot and give the City a few dollars. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-109 RESOLUTION TO CONCUR WITH THE CITY MANAGER'S RECOMMENDATION TO SELL LOT l, BLOCK 38, WYCHWOOD FOR $2,000.00 AND PREPARE THE NECESSARY QUIT CLAIM DEED The vote was unanimously in favor. Motion carried. UPGRADING SANITARY SEWER LIFT STATION (BARTLETT & LAKEWOOD BLVD.) The City Manager explained that this was a budgeted item and that this lift station needs to be overhauled to avoid future back-ups. Quotations were solicited from two firms and Tri-State Drilling was the low quote. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-110 RESOLUTION APPROVING THE QUOTATION OF TRI-STATE DRILLING AND EQUIPMENT CO. FOR RENOVATION OF THE LIFT STATION AT BARTLETT AND LAKEW00D BLVD. The voted was unanimously in favor. Motion carried. LEGAL NOTICE FROM HARDRIVES The City Manager explained that the City and the City Engineer have received a letter from Hardrives attorneys indicating that they are entitled to money over and above what has been approved by the City Engineer. This letter has been forwarded on to the City Attorney and he and the City Engineer will confer with Hardrives and try to work this out. April 27, 1~982 CHAIRMAN'S ADVISORY COMMITTEE The City Manager explained that he has been invited to join the Metro. COuncil Chairman's Advisory Committee. This Committee consists of 16 hand picked people from the 7 county Metro area. ~He feels this would be a very educational and informational experience. The Council agreed. CITY TREASURER SURETY BOND Polston moved and Charon seconded the following resolution. RESOLUTION #82-111 RESOLUTION APPROVING THE CITY TREASURER'S BOND OF $20,000. FOR 1982 The vote was unanimously in favor. Motion carried. RAGER'S PUB - EXTENSION OF LICENSES The City Manager explained that Rager's Pub is in the process of being purchased by another party. The prospective owner has made application for all the licenses Rager's has and the Police Department is checking this application. Also a public hearing must be held for the Beer License. All of Rager's Licenses expire on April 30, 1982 and they are requesting an extension of these Licenses to June 1, 1982 in order to keep the business operating during the change in ownership. Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-I12 RESOLUTION APPROVING THE EXTENSION OF ALL LICENSES FOR RAGER'S PUB TO JUNE l, 1982 The vote was 4 in favor with Councilmember Charon voting nay. Motion carried. Councilmember Charon voted nay because a Cigarette License was included in the group of licenses being extended. LICENSE RENEWALS FOR 1982-83 The following various licenses expire on April 30, 1982. A. OFF-SALE BEER Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-113 RESOLUTION AUTHORIZING RENEWAL OF OFF SALE BEER LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET The vote was unanimously in favor. Motion carried. B. ON SALE BEER Ulrick moved and Polston seconded the following .resolution. RESOLUTION #82-114 RESOLUTION AUTHORIZING RENEWAL OF ON SALE BEER LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET 84 April 27, 1982 C. RESTAURANT Charon moved and Swenson seconded the following resolution. RESOLUTION #82-115 RESOLUTION AUTHORIZING RENEWAL OF RESTAURANT LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET The vote was unanimously in favor; Motion carried. D. BOWLING ALLEY Swenson moved and Charon seconded the following resolution. RESOLUTION #82-116 RESOLUTION AUTHORIZING RENEWAL OF BOWLING ALLEY LICENSE FOR MOUND LANES The vote was unanimously in favor. Motion carried. E. GAMES OF SKILL Charon moved and Polston seconded the following resolution. RESOLUTION #82-117 RESOLUTION AUTHORIZING RENEWAL OF GAMES OF SKILL LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET The vote was unanimously in favor. Motion carried. F. POOL TABLES Polston moved and Charon seconded the following resolution. RESOLUTION #82-118 RESOLUTION AUTHORIZING RENEWAL OF POOL TABLE LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET The vote was unanimously in favor. Motion carried. G. JUKE BOX Swenson moved and Poiston seconded the following resolution. RESOLUTION #82-119 RESOLUTION AUTHORIZING RENEWAL OF JUKE BOX LICENSES AS LISTED ON PAGE 868 OF THE COUNCIL PACKET The vote was unanimously in favor. Motion carried. H. ENTERTAINMENT PERMIT Swenson moved and Charon seconded the following resolution. 85 April 27, 1982 RESOLUTION #82-120 RESOLUTION AUTHORIZING RENEWAL OF THE ENTERTAINMENT PERMIT FOR THE SURFSIDE, INC. The vote was unanimously in favor. Motion carried. I. CIGARETTE LICENSES Polston moved and Swenson seconded the following resolution. RESOLUTION #82-121 RESOLUTION AUTHORIZING RENEWAL OF CIGARETTE LICENSES AS LISTED ON PAGE 869 OF THE COUNCIL PACKET The vote was 4 in favor with Councilmember Charon voting nay. Motion carried. J. ARCADE LICENSE Charon moved and Swenson seconded the following resolution. RESOLUTION #82-122 RESOLUTION AUTHORIZING RENEWAL OF THE ARCADE LICENSE FOR TOMCO The vote was unanimously in favor. Motion carried. BILLS Swenson moved and Charon seconded a motion to approve the payment of bills as presented on the pre-list in the amount of $52,899.77 when funds are available. Roll call vote was 4 in favor with Councilmember Polston abstaining. Motion carried. PART-TIME PLUMBING INSPECTOR The Building Inspector has recommended hiring a part-time plumbing inspector. She is certified to do plumbing inspections but would feel more comfortable until she has further training in this field with a master plumber for his expertise. She is recommending hiring Terry (Terrence) L. Sincheff. The Council agreed with her recommendation. CHANGE ORDER #1 - COUNTY ROAD I10 STREET LIGHTS The City Engineer has asked for Council approval of Change Order #1 for the County Road llO Street Light Project. in the amount of $1,784.00. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-123 RESOLUTION APPROVING CHANGE ORDER #1 - COUNTY ROAD 110 STREET LIGHT PROJECT IN THE AMOUNT OF $1,784.00 The vote was unanimously in favor. Motion carried. APPROVING COLLATERAL PLEDGED TO THE CITY OF MOUND Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-124 RESOLUTION APPROVING COLLATERAL PLEDGED TO THE CITY OF MOUND The vote was unanimously in favor. Motion carried. (~/~ 86 April 27, 1982 CANCEELATION OF UNIT ASSESSMENTS The City Manager explained that both of the parcels in question were combined some time ago and should have had one unit charge taken off their assessment but it was overlooked. Swenson moved and Ulrick seconded the following resolution. RESOLUTION #82-125 RESOLUTION CANCELLING THE UNIT ASSESSMENT ON PID #24-117-24 43 0053 IN THE AMOUNT OF $1,828.15 The vote was unanimously in favor. Motion carried. Polston moved and Ulrick seoonded the following resolution. RESOLUTION #82-126 RESOLUTION CANCELLING THE UNIT ASSESSMENT ON PID #23-I17-24 43 0043 IN THE AMOUNT OF $1,828.15 The vote was unanimously in favor. Motion carried. INSURANCE POLICY The City Manager stated that when Resolution #82-98 was passed, authorizing an additional $1.5 million as an Umbrella to the Mn. Dram Law Liability Policy, the consultant felt that we could obtain this coverage for approximately $450.00. Our insurance agent has checked into this and found that the premium would be $950.00 so the City Manager wants the Council's direction on purchasing this Umbrella. The Council stated that they still wanted the coverage. BINGO PERMIT - AMERICAN LEGION POST #398 Ulr|ck moved and Polston seconded the following resolution. RESOLUTION #82-127 RESOLUTION TO APPROVE A BINGO PERMIT FOR THE AMERICAN LEGION POST #398 AND WAIVE THE PERMIT FEE AND BOND - APRIL 30, 1982 The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS-The City Manager presented the'fo,l~lowing: Ao DAC MEETING - The City Manager stated that the DAC received 7 proposals to provide technical assistance on streetscape/storefront plans. They have selected three: 1. Damon Farber Assoc./Minneapolis 2. Ernst Associates/Chaska 3. Close Associates/Minneapolis These three will study Mound and submit their ideas. He also informed the Council that he has just received confirmation that Mound State Bank will set a $100,000.00 loan program (Revolving Loan Program). 87 April 27, 1982 DNR BOAT ACCESS/MARINA - The City Manager stated that the DNR has completely ruled out the Lost Lake site as an access to Lake Minnetonka and they are sending us a letter outlining the reasons why. Also submitted was an excerpt from a Metropolitan Council Memorandum stating that a Lake Minnetonka Task Force would be formed to develop a complete recreational management plan, including public access for Lake Minnetonka. Their target date for completion of the study is June 30, 1983. C. LETTER FROM MINNETRISTA - SEWER AND WATER CONNECTIONS FOR NEW MAINTENANCE Do BUILDING - A letter from Minnetrista approving the connection of the Widmer Building on County Road 110 to the Minnetrista water and sewer system. COUNTY ROAD #125 REPORT - The City Manager reported that Spring Park will mot agree to take over the 2 block stretch of County Road 125 from the County. They don't have the manpower or machinery to maintain the area. Mayor Lindlan stated he has spoken to Mayor Rockvam about Mound sweeping.and plowing the 2 block stretch of County Road 125 for a yearly fee. The fee discussed was $500.00 per year. Uirick moved and Charon seconded the following resolution. RESOLUTION #82-128 RESOLUTION DIRECTING THE STAFF TO PREPARE AN AGREEMENT TO PROVIDE MAINTENANCE ON SPRING PARK'S PORTION OF COUNTY ROAD 125 The vote was unanimously in favor. Motion carried. MINNEHAHA CREEK WATERSHED DISTRICT AGENDA & MINUTES - the March 18, 1982 Minutes and the April 15, 1982 Agenda of the Minnehaha Creek Watershed District Fo WATER LICENSE - A notice from the Minnesota Department of Health that Greg Bergquist passed the written examination for water supply system operator, Class "C". Go POLICE RESERVE UNIT - A note from the Police Dept. on the hours that the 25 man Police Reserve unit worked in January, February and March of 1982. Lindlan moved and Ulrick seconded the following resolution. RESOLUTION #82-129 RESOLUTION COMMENDING THE POLICE RESERVE UNIT FOR THE EXCELLENT MANNER IN WHICH THEY ARE DEVELOPING The vote was unanimously in favor. Motion carried. H. SCHOOL DISTRICT #277 MINUTES - The Minutes from the April 12, 1982 meeting. LETTER FROM MINNETRISTA - A letter of appreciation for the support Mound gave in opposing Site M as a landfill. The Hennepin County Commissioners rejected Site M on March 16, 1982. J. AMM BULLETIN - Regarding the Surface Water Management Proposal ~ Public Hearing on April 29, 1982. 88 April 27, 1982 Councilmember Swenson asked to be recognized to mention a few items. He would like I.P. Hall scraped before it is painted this year so the paint will stick and not flake off. Also the guy wire on the siren needs to be repaired. o He asked the City Attorney what happened to the case the City has against the boathouse on Island View Drive. The City Attorney stated that the Hennepin County Court System is so far behind that it may be a 2 to 4 year wait before this case even gets a court date. 3. He asked that the no parking signs on Leslie Road be placed on the proper side of the street to coincide with the ordinance. Ulrick moved and Charon seconded a motion to adjourn at 10:35 P.M. The vote was unanimously in favor. Motion carried. don Elam, City Manager Fran Clark, City Clerk BILLS ....... APRIL 27, 1982 Air Comm 90.00 Earl F. Andersen & Assoc 100.43 Acro Minnesota 138.95 Blackowiak & Sons 94.00 Holly Bostrom 221.45 Burlington Northern 533.33 J.H. Bathke 13.80 Bill Clark Standard 5,735.75 Fran Clark 27.78 Custom Rubber Stamp 17.50 Davies Water Equip 267.43 John Ewald Ill 6.00 Ess Bros. & Sons 165.OO Jon Elam 28.45 Hecksel Machine Shop 320.00 Koehnens Standard 15.94 Ken & Norms Cabinets 75.00 LOGIS 1,458.19 Lehn Electric 198.00 Metro Waste Control 420.75 " " " 19,277.27 Municipals 120.O0 M.S. Print 146.35 MacQueen Equip 2,241.26 McCombs Knutson 4,641.O0 Mound Super Valu 16.37 N.S.P. 3,823.68 N.W. Bell Tele 60.30 Popham, Haik, Kaufman 1,245.14 Pitney Bowes Credit 26.00 Charles Pearson 18. O4 Reo Raj Kennels 121.00 Shepherds Rental Rugs 53.00 Spring Park Car Wash 90.90 Seton Service 1.85 Swanson Bros. Drywall 89.72 Howard Simar 60.00 State Treasurer 190.86 Security Alarm (Liq Store) 386.19 Thrifty Snyder Drug 2.19 Unitog 248.30 Widmer Bros. 1,282.50 Xerox 647.99 Dock Refunds 401.50 The Liquor House 186.10 Griggs, Cooper 1,600.98 Johnson Bros. Liq. i,212.30 MN Distillers 1,132.90 Old Peoria 971.71 Ed Phillips & Sons 2,540.74 Carol Burlet 15.OO Shirley Hawks 96.06 Doris Lepsch 15.OO Scott Racek 9.82 TOTAL BILLS 52,899.77 CITS" of ;',IOUND May 3, 1982 5341 MAYWOOD NC.&[ MOUND. MINNESOTA (612) 472-1~55 TO: FROM: SUBJECT: City Council don Elam, City Manager Item #2 on the Agenda I thought you should have some background material on Avalon Park. 1982 is the first year we've assigned docks to the Avalon Beach area. These were assigned because: 1) of a heavy demand from people on the Island for close in dockage, 2) the L.M.C.D. had given us an extra 20 docks for 1982, 3) this is one of the most under-used beaches and parks in the City and it seemed an obvious choice, and 4) it is only a short walk to another beach on the Island, Pembrook. The Park Commission held a hearing on this last fall, as they always do, and approved the location for up to eight docks. The Council reconfirmed their decision in Resolution #81-399 in December. The neightborhood has reacted to this decision like you would expect or like alot of people who live along the Commons have reacted in years past. They don't want any docks. The case was replayed at the Park Commission Meeting and they stuck by their decision of last November, unanimously. But they did say they were willing to look at the issue at the end of the season and eliminate any problems that might occur. Basically the neighborhood arguments are that docks in this area will cause parking problems, create litter and bring outsiders into the park, although everyone assigned to a dock at this location lives on the Island. Beside these, the feeling was that when the City took this lot over in 1977, they gave a committment that they would only use this for a swimming beach. There is nothing illegal about us changing the use as times change. We acquired the lot tax forfeiture from the neighborhood association who had let the taxes accumulate to over $8,000. (money the City of the schools never received). Thus, in summary, I recommend putting up to seven docks on the site for 1982, check the situation over at the end of the season and go from'there. This will insure this site is being treated exactly the same as the other similar areas on the Commons or adjacent to them. Attached are copies of a 1977 Easement given the City and a July 20, 1977 'letter to the City requesting certain uses for Avalon Park and finally a 1977 City Council Resolution #77-368 that concurs basically with the letter to the Park Commission. Page 2 City Council May 3, 1982 All of this was made moot then by the fact that the property went tax forfeiture. JE:fc eric. Ti{IS ~GPZ".~-~L~ made this day of , 1977. bet~.~e-~n Avalon Park Improvement Association, a Minnesota corporation, part y of the first part, and THE CiTY OF MOUND, a municipal corporation under the la~-,'s of the State of ~4innesota, party of the second part, i~!TNESSE~?;.: That the party of the first part in- consideration of the sum of O~'-.'E DOLLA2. ~,iD OTHER GOOD A--i-;D VA1.UA3L~ COi.~SIDEP3XTION '%o them in hand' paid by said party of the second part, the receipt of which is hereby acknowledged, does hereby grant and convey unto the said party of the second part, its successors and assigns, the following: A permanent easement for park purposes for the following described parcel: Lot 43 in Phelps Island Park First Division according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Hennepin County. The interest of the grantor is conveyed to the City of Mound subject to the use of said property for public access to Lake Minnetonka and the lot being used as a public park. This instrument drafted by: LeFevere, Lefler, Pearson, O'Brien & Drawz 1100 First National Bank Building ~4inneapolis, Minnesota 55402 -State Deed Tax Due Hereon: N< their IN TESTI[4ONY WHEREOF, the said part ieshave hereunto set hands the day and year first above written. In,~esence of: AVALON PARK IMPROVEMENT ASSOCIATION Antoin~tt~ M. Ca~e, President PETITION Avalon Park ',Te the undersigned oppose Eesol'~tion 70. 81-399 with moral reliance to the original Resolution No. ?7-368; cepted policy of liaiting Avalon Park use to swi~ing and plcv~icing~ no boat docks or launching. 1 of ~ ADDRESS O) PETITION Opposing Avalon Park Petition ?;e the undersig'.~ed oppose the Avalon F'ark retitie, m but find the follo~'~in~[ usage acceptable: 1 ~,i~ltiT, te ?~rpose ,Dock 1 Yultiple Purpose S~ i :n:ning, ~i sning ~' ~ot , . ,.oi~- orizea Temoorary ~%tor%zau Temporary Docki~g Docking. 4 Docks S;~ ~ m~in~: Area S ~ of children,() 1 of ~ ~0 11~OflS 6 Docks ONO~O July 20, 1977 Attention: Park Board, City of Mound Re: Avalon Park The combined membership of the Avalon Park Improvement Association has given to the City of Mound a permanent easement to the park property to be used only for public access and park purposes. We respectfully request the park board to consider our reco,~f~endations for the use of the park: 1. Keep the park usage limited to a picnic and sw~ing area. Do not allow boa~ docking, or docks, or boat launching from the park property. Boat traffic can be a hazard to swimmers, and an unsupervised dock could be a potential danger to young children. Restrict vehicular traffic thru the park - during both summer and winter months. This not only destroys the lawn, but the parking area and road access is very limited. We ask this not only for the park members and persons in the immediate area who will be using the park, but also out of consideration for the i~nediate neighbors to the park. Thank you for your consideration. Members and Neighbors of Avalon Park. RESOLUTION NO. 77 368 RESOLUTION TO CONCUR WITH PARK COMMISSION & ACCEPT POLICY OF LIMITING AVALON PARK USE TO SWIMMING & PICNICIN G; NO BOAT DOC KS OR LAUNCH- ING& RESTRICTING VEHICUL'AR TRAFFIC THROUGH PARK & ONLY SMALL PARKING AREA. WHEREAS, members and neighbors of the Avalon Park have petitioned to the Park Commission to restrict the use of Avalon Park when it is obtained from the County, and WHEREAS, said restrictions are along the lines the park Bas been oper- ating prior to donating itto the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, ]vfOUND, MINNESOTA: That the Council concurs with the Park Commission and agrees to accept the policy of limiting Avalon Park use to: Limit the park use to swimming and picnicing Not allow boat docks or boat launching from the park property or adjacent street Restrict vehicular traffic through the park both in Summer and Wint e r Make available only a small parking area. Adopted by CouncLl this 16th day of August, 1977. SD Form 9~R (Rev. 8/73! STATE OF MINNESOTA DEPARTMENT OF REVENUE CONVEYANCE OF FORFEITED LANDS (Issued pursuant to Minnesota Statutes, Section 282.01, Subdivision l) THIS INDENTURE, made this 23rd day of. June ,1978, between the State of Minnesota, asparty of the first part, and City 0f Hound, a Hunicipal Corporation , as party of the second part, WITNESSETH: WHEREAS; the land hereinafter described was duly forfeited to the State of Minnesota for the nonpay- ment of taxes, and, WHEREAS, pursuant to Minnesota Statutes Section 282.01, Subdivision 1, the party of the second part has applied to the Commissioner of Revenue for the conveyance of lands hereinafter described to be used by it exclusively for park and drainaqe , and, · WHEREAS, the Board of County Commissioners of the County of Hennep~n , State of Minnesota, has recommended to the Commissioner of Revenue by resolution adopted on the 2nd day of I.la¥ ,1978, that such conveyance be made, NOW, THEREFORE, The State of Minnesota, pursuant to said laws and in consideration of the prem- ises, does hereby grant, bargain, sell and convey unto the party of the second part, forever, all the tracts or parcels of land lying and being in the County of Hennepi n , State of Minnesota, described as follows, to-wit: Lot 43 and Adjacent Private Street Phelps Island Park 1st Division Plat 37930 Parcel 1760,~ TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part so long as it shall con- tinue to use said land for the purpose aforesaid, and upon condition that if such use shallcease said land shall revert to the party of the first part as provided by law. No deed tax will be payable onthis conveyance. IN TESTIMONY WHEREOF, the State of Minnesota, party of the first part, has cmtscd this deed to be executed in its name in the City of St. Paul, Ramsey County, Minnesota, the day and year first above written. In presence of: ( c · STATE OF MINNES~A ) County of Ramsey ) STATE OF MINNESOTA ARTHUR C. ROEMER Commissioner of Revenue BY: o~-x~-~' \ ~',~.. t, ~-~-~. 7. On this_~?.3rd day of_ ,hme ,19_Z8_, before me personally appcaredDEHNIS J. ERNO,Asst, Commissioner of Revenue of lheSlalc n[ Mimmsola, to me known to be the person who executed the foregoing conveyance in behalf of thc Stale of Mim)esota, and ackl,owledged that hecxcculcd the same as thc free act and deed of said start: pursuant to the statutes in such case made and provided. 44O December 22, 1981 Councilmember Charon moved the following resolution. RESOLUTION NO. 81-399 RESOLUTION APPROVING THE 1982 DOCK LOCATIONS WHEREAS, WHEREAS, WHEREAS, WHEREAS, the L.M.C.D. has granted the City of Mound 380 dock sites, and this will probably be increased to 400 sites in January, and the Park AdvisoryC~mmission and the Dock .Inspector have made certain recommendations as to the assignment of the extra 20 docks as follows: Area 1 - Avalon Park has 160 fee of level shoreline, Class "D", and will accommodate 8 dock sites Area 2 - North Beachside has. 60 feet of level shoreline, Class "D", and will accommodate 3 docks. Area 3 - Wren Access has 40 feet of level shoreline, Class "D", 1 dock site. Area 4 - Centerview Access has enough shoreline, Class "D", to accommodate 8 dock sites. the Park Advisory Commission and the Dock Inspector have made the following other recommendations: 1. Dock site #43050 behind 4805 Island View Drive will not be assigned for 1982. This si're, previously on Class "D" area, has become unaccessible and reclassified as Class "C". 2. Reducing the docks at Emerald Channel area from 5 to 3 for 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the Council does hereby approve all the above recommendations made by the Park Advisory Commission and the Dock Inspector. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson and Lindlan; the following voted against the same: none; with the following being absent: Polston and Ulrick; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. AtteSt: Acting City Clerk AD SOLICITING BUYERS FOR3ACRE CITY SITE FOR SALE Beautiful 3 acre site, naturally wooded. Two small creeks cross through the property. Located on a lightly traveled road. City of Mound sewer and water available. Perfect location for small single family residential development or one large lot. Adjacent to Lake Langdon. Asking price $37,500. For map of site and related'information call Jon Elam, City of Mound at 612/472-1155. AD SOLICITING DEVELOPERS FOR THE ANDERSON BUILDING: DEVELOPER SOUGHT The City of Mound is seeking redevelopment proposals for a 6000 square foot building it presently owns and is willing to sell. This building is located on the main street in downtown Mound, Minnesota. It has adequate parking available and would be perfect for use as office, restaurant, retail space. It is available for inspection by calling 612/472-1155 and scheduling an appointment. The deadline for receiving letter of interest is May 31, 1982 at 12:00 Noon. McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS · LAND SURVEYORS · PLANNERS April 23, 1982 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Oon Elam City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Suoject: Drainage Problem Between Balsam & Spruce File #6430 Dear Jori: As requested, we have looked at the drainage problem on the back lot lines between Balsam Road and Spruce Road. The small ditch that runs through this area to the catch basin behind the curb on Spruce has minimum fall and is very narrow and shallow. As shown on the attached drawing, it would be possible to extend the storm sewer from the existing catch basin to approximately where the ditch now beings, with a catch basin at that point. This catch basin would pick up the normal runoff from the north, but in a heavy rain, a substantial amount could bypass it and still flow to the catch Oasin at Spruce. Also, any water from the Oack yards to the south of this proposed catch basin would also flow towards Spruce. For these reasons, if the storm sewer is extended, a small swale should be retained in the area of the existing ditch. The following is a cost estimte for this proposed storm sewer extension. COST ESTIMATE 12" Reinforced Concrete Pipe Catch Basin Restoration (Black Dirt & Sod) Subtotal Contingencies Total Estimated Construction Cost 125 L.F. ~ $15.00/L.F. = 1 EACH ~ $900/EACH = 400 S.Y. ® $ 2.50/S.Y. = $1,875.00 $ 900.00 $1,000.00 $ 375.00 $4,150.00 If you nave any questions or need further information, please contact me. Sincerely, McCOMBS-KNUTSON ASSOCIATES, INC. OC:lr Enclosure Minneapolis- Hutchinson - Alexandria - Eagan printed on recycled paper A.THOMAS WURST GERALD T. CARROLL CURTIS A. PEARSON THOMAS F. UNDERWOOD ALBERT FAULCONER Tn JAMES D. LANSON LAW OFFICES WURST, CARROLL & PEARSON M~NNE^POL~S.M~NNESOTA SS402 Apr±l 27, 1982 TELEPHONE {612) 338'8911 Mr. Jon Elam, City b~nager Mayor and Council City of Mound, Minnesota Re: City of Mound v. Miller - 1980 Street Improvements Condemnation Dear Jon and Members of the Council: We are enclosing herewith a copy of a letter and the final report of the Conmnissioners in the above entitled case. Please note that the Commissioners have found damages in the sum of $950. The results, I believe, are gratifying. If the Council will recall, this property has been a problem for us for some period of time. We did everything in our power to work with the property owners to convince them to sign an easement and to resolve the problem without litigation. If you recall, we did at one time hire a landscape architect to review the premises and the owner had indicated that if they were satisfied they would sign the easement if we relandscaped the area. The charges for that work would be approximately $3,000. The City agreed to do that work, but the property owners insisted that in addition to that they wanted work done on a parking area, wanted us to rebuild a concrete wall and incur other expenses. The estimated cost of that was $4,000, so to comply with the property owner's request it would have cost the City close to $7,000. It is therefore very gratifying that the Commissioners, after viewing the area, have determined that there are only ~C~ eyoSu'mnateheout ~hree separ' I am by this letter also requesting ate checks for $~e i~ndividual Commissioners and send them to the three parti~s list~d~Mr, b~ltz~s letter of April 23~ 1982. Please copy this office wfth your letter of transmittal of these checks. We are also asking at this time that you obtain from the City Council a check in the amount of $950 payable to David O. Miller and Barbara J. Miller, husband and wife, as joint tenants, and the Secretary of Housing and Urban Development of Washington, D.C. We will transmit this check to the respondents and unless they appeal, this matter will come to fruition. WURST, CARROLL & PEARSON Page 2 Mr. Jon Elam, City Manager April 27, 1982 I am copying John Cameron with this letter and sending him a copy of the Order which authorizes the City to proceed at this time to complete this section of the street, and it is my suggestion that everything be done promptly as this temporary construction easement expires on December 1, 1982. Jon, in conclusion, this appears to be a smashing victory for the City, but what has really happened is that monies which the property owner could have had have been used in commissioners' fees, attorneys' fees, appraisers' fees, and other expenses. The City is the winner only in that its point of view has prevailed, and the ridiculous position of the property owner has been rejected by the Commissioners. The net dollars to the City is considerably less than we could have settled the case for, but I believe the same amount as if the parties had settled with a landscaped bank as we previously offered. This is another one of the lessons of life where we who provide services end up with monies that could have gone to the property owner. In my judgment, it is kind of tragic and a waste. CAP:Ih Enclosures cc: Mr. John Cameron Mr. Jim Larson Ver~y truly yours, C'~rtis A. Pearson, City Attorney JOEL A. SELTZ AT~O~N[~¥ AT LAW SUITE 610. BAKER BUILDING 706 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 TELEPHONE (612) 339.O431 April 23, 1982 ~lr. James D. Larsc~ Attorney at Law 1100 First Bank Plaoe West Minneapolis, Minnesota 55402 City of Mo~d v. F~ller Property A~dress: 5123 Waterbury, Mound Hennepin ~o~ty Court File C-1702 Enclosed herewith please find Final Report of Oc~issioners signed and dated April 23, 1982. You may file this with the Court. We each have spent four days c~ this matter. If you desire separate billings and it~nizations, please let me know; otherwise, you may pay the fr~L~,~ssioners directly at the following addresses: James E. Ford 6489 Westchester Circle Golden Valley, Minn. 55427 John Janske 110 West 26th Street ~nneapolis, ~/nn. 55404 Joel A. Seltz 610 Baker Building Minneapolis, Minn. 55402 Nc~e of us have taken any mileage. oc~tact /Ne. JnS/ew any questions, please STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT City of Mound, a Minnesota municipal corporation, Petitioner, FINAL REPORT vs. OF COMMISSIONERS David O. Miller and Barbara J. File No. C-1702 M~ler, and Secretary of Housing and Urban Development of Washington, D.C., Respondents. IN THE MATTER OF THE CONDEMNATION BY THE CITY OF MOUND OF CERTAIN LANDS AND INTERESTS THEREIN IN HENNEPIN COUNTY, STATE OF MINNESOTA, FOR STREET PURPOSES. TO THE COURT ABOVE-NAMED: The undersigned, commissioners of appraisal ~ppointed by the Court in the above-entitled condemnation action by Order dated Decembgr 28, 1981, do hereby report as follows: I. That said commissioners met for the first time at 9:00 o'clock on the 0th day of January, 1982, in the office of the Clerk of District Court in the Government Center in the City of Minneapolis, County of Hennepin, State of Minnesota. That at such meeting the commissioners took and filed their respective oaths as required by law. Il. That by order of said Court dated December 28, 1981, the time within which the co~tssioners may make and file this report was set at June 28, 1982. III. That said commissioners subsequently viewed the premises whieh are the subject of this action and, after due notice to all interested parties, held viewings and hearings as to all interested parties who appeared. IV. That said commissioners have ascertained directly the amount of damages that will be sustained by the several respondents on account of the takings involved herein, and do hereby report said damages as follows: DESCRIPTION OF PARCEL: A temporary construction easement for street purposes over, under, across and through that part of Lots 4 through ? inclusive in Block 20 of Whipple described as follows: The Northerly five (5) feet of Lot 7 and the Northerly fifteen (15) feet of Lot 6 and the Northerly twenty-five (25) feet of Lot ~; also, that part of Lot 5 lying Northerly of the following described line: Beginning at a point on the Westerly line of said Lot 5 distant fifteen (15) feet Southerly of the Northvest corner of said Lot 5, thence Southeasterly to a point on the Easterly line of said Lot 5 distant twenty-five (25) feet Southerly of the Northeast corner of said Lot 5 and there terminating. According to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Said temporary construction easement to expire December l, 1982. Name Nature of Interest David O. }tiller and Barbara J. Hiller, husband and wife, as Joint tenants Fee Secretary of Housing and Urban Development of Mortgagee Washington, D.C. Award $9~0 ~ In addition to the above award, we, the undersigned commissioners, allow to Respondent appraisal fees in the amount of Vo That in the performance of their duties as described above and as set forth by the Order of the Court, the commissioners were engaged as follovs: Commission Chairman Joel Seltz was engaged for ~ days. Commissioner James Ford vas engaged for ~ . days. Commissioner O.J. Janski vas engaged for ~ days. No mileage charged. · Dated this ~'-3 day of __~ 1982. Joel J a me/s Ford A. THO~4AS WURST GERALD T. CARROLL THOHA$ F. !JNDE:RWOOD JAMES D. LARSON LAW OFFICES WURST, CARROLL & PEARSON MINNEAPOLIS, MINNESOTA Ap~±l 20, 1982 TELEPHONE Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Insurance Review Dear Jon: Per your request, I have drafted a suggested resolution. The statute already provides protection to employees, but it is certainly appropriate to include it in written form. Very truly yours~ Cu~l:is A. ~ea~so~, C~7 CAP:ih Enclosure RESOLUTION NO. RESOLUTION AUTHORIZING INDEMNIFICATION OF DEDUCTIBLE AMOUNTS FOR PUBLIC OFFICERS WHEREAS, the City currently haS a policy of insurance providing protection for public officers and an employee's liability policy, and WHEREAS, said policy contains a $200 deductible, and WHEREAS, Minnesota Statutes 466.07 provides that the Council may defend, save harmless, and indemnify any of its officers and employees, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty, and WHEREAS~ under Subd. la of Section 466.07, the statute states, "Each municipality or any instrumentality thereof shall indemnify and provide defense for any employee or officer against judgments or any amounts paid in settlement actually and reasonably incurred in connection with any tort claim or demand arising out of an alleged act or omission occurring within the scope of his employment or official duties, subject to the limitations set forth in section 466.04"; NOW, THEREFORE, BE IT RESOLVED BY THE MOUND CITY COUNCIL: 1. The City shall reimburse or pay the $200 deductible amount contained in the current public officer and employee liability policy. 2. City officers, whether elected or appointed, shall be protected against any tort claim or demand and shall be protected and indemnified in accordance with the provisions of M.S.A. 466.07. Attest: Mayor Clerk OFFICE OF PLANNING & DEVELOPMENT C-2353 Government Center Minneapolis, Minnesota 55487 (612) 348-6418 April 23, 1982 Mr. John Elam City of Mound 5341Maywood Road Mound, MN 55364 RE: Urban Hennepin County/Housing Rehabilitation Administration Dear John: Pursuant to the City's direction Hennepin County staff are currently administering the community's~CDBG funded housing rehabilitation program. In accord with this operating procedure, it is requested that the City Council enact the accompanying resolution to accomplish the following: - locally adopt the Procedural Guides - Urban Hennepin County Housing Rehabilitation Grant Program, July, 1981 - designate Hennepin County as the program administrator for the City of Mound - authorize Hennepin County to retain 7% of Year VII allocation of CDBG funds for housing rehabilitation as an administrative fee If you have any questions, please contact me at 348-5859. Sincerely, Larry/B1, ackstad Senior Planner pb Enclosure HENNEPIN COUNTY an equal opportunity employer RESOLUTION NO. 82- RESOLUTION REGARDING URBAN HENNEPIN COUNTY/ HOUSING REHABILITATION ADMINISTRATION FOR 1982 BE IT RESOLVED, the the City Council of the City of Mound, Minnesota adopt "Procedural Guides Urban Hennepin County Housing Rehabilitation Grant Program, July 1981", as supplied by the Hennepin County Office of Planning and Development, for the purpose of providing housing rehabilitation grants to eligible homeowners within the City funded from the Urban Hennepin County Community Development Block Grant Program, and BE IT FURTHER RESOLVED, the the City Council of the City of Mound, Minnesota requests that Hennepin County, as the responsible Urban Hennepin County'CDBG recipient, administer the Housing Rehabilitation Grant Program within the City as approved through and funded by the Urban Hennepin County CDBG program, and BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota authorizes the use by Hennepin County of seven percent of the Urban Hennepin County CDBG entitlement amount approved for expenditure within the City for the purpose of providing housing rehabilitation grants to reimburse the County for related administrative expenses effective July 2, 1981. WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS 4th DAY OF MAY, 1982. Mayor Attest: City Clerk CITY of MOUND 5341 MAYWOOD ROAD MOUND1 MINNESOTA 55364 (612) 472-1155 May 4, 1982 TO: FROM: SUBJECT: City Manager Building Official Refund of Permit Fees - 6639 Halstead Avenue The attached permits are being voided because they were issued in error and the owner of the property would be required to file for a variance. They have failed to apply for this variance. Lack of further approval does nullify these permits. The amount of the Building Permit 5920 refund is $78.50 and the amount of the Plumbing Permit 82-15 is $30.50. Jan Bertrand JB/ms cc: West Suburban Properties CITY OF MOUIqD 5341 Maywood Rd,, Mound, Minnesota OWNER ADDRESS BLDR.-CONT. ADDRESS DATE 4/' / - v~',2--, TELEPHONE NO, .4. TELEPHONE NO, '[~/t7 ~ - ? ~ ~.~.~ LOCATION OF PROPOSED IMPROVEMENT STREET ADDRESS /- LOT //'~,~L / ,~ ,~ nLOCK, ,, COMPLETION DATE ! APPLICATION REQUIREMENTS .... PID # ESTIMATED' VALUE ZONING Survey. [] Energy Comp. Plat Plan [] Elevations ,, , Structural Plan [] Watershed [] Heating Layout [] Sewer-Water Location [] County Driveway Permit [] [] [] TYPES OF CONSTRUCTION J~L ......~.~w, ,,.c_9~sTg~! rION ' ,'. : - -. ~ ., ~-.~ ~}.' ~ ~., . ': ~ I rial __ [ 0 G~rage- PERMIT FEE $ ' PLAN CHECK FEE $ SURCHARGE S.A.C. WATER CONN. FEE $ TAPPING FEE $ EXCAVATION FEE $ TOTAL $ Sq. Ft, Sq. Ft, Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. , Sq. Ft. Ln. F 77.00 REMODELING , ~ [] Addition . ~ J~ Interior -Sq. Ft. . [] Sub Level - Sq. Ft.. [] Roofing - Sq. Ft. [] Siding - Sq. Ft.. [] Utility Bldg. - Size. [] Council Resolution No PERMIT APPROVAL DATE Sq. Ft. FINAL INSPECTION DATE OCCUPANCY CERTIFICATE 7 y' .5'0 DATE PLUMBING PERMIT NEEDED: ;~---~ ~/ In case permit is granted, I hereby agree to do the proposed work in accordance with descripti~above set forth and according to the provisions of all ordinances of the City ~d of all statutes of t.t.t~ St~"of Minnesota in such cases made and pr°vided' All building permits ex/~"fffie year,~, date °f~7~~ ~ DATE ,Z/. / _ V~'~ APPL~(~AN~/~~'~~ ~ _-~;~-~_ -///Z'-_ _~"~_--"~-, / City of Mound Mound; Minnesota APPLICATION ~OR INSIDE PLUMBING PERMITS kb'ess Phone ,CATION OF PRO~S~ ~RO~NT .st ~ / 0 0 ~ Parcel 0~o' o No 47/ -F~jj- Lot'~'''/' t, ~ ~ ~) Block Base- !st 2nd Base- Fixtdres m_ent____F!opr__ 3~. o.or__Eix-b, ur~s ~ ~ant ! l. later Closet ~ ..' ~i~.n_s!s ~tb,'~ubm Showers Floor Drains W. mt er_Smfianer Di%uom.al . ..... .~i~..h._b.m.. s..b._e_r. .. .., Water .Heater ...... Sp..e..c..%.~ .wa stes 1st 2nd poroved PlumbinE Inspector CERTIFIACTE OF OCCUPANCE OTICE IS HEREBY GIVEN THAT FINAL inspection has been made on the Plumbing permit '0 . Such final inspection was made on I~y 4, 1982 TO: The tt°nprable MayOr and Councilme~nbers of the City of i'iound SUBJECT: Single story frame structure at approxi~ately 665() tIalstead Avenue, I~ound, Minnesota Dear Sirs: We the undersigned, have been ¢.gitnessing with great anxienty, a sequence of events on the subject property that are not only against and in direct violation of City code and ordinances, but a health hazard and potential ¢~ater pollution problem. This structure has not been occupied since approxi~ately 1971 or earlier, until December of 1981 for a period of approxi~'~ately 2 months. Then again on Sunday I~.~ay 2, 1982, ~hen a young ~n named Pat Roullard moved his personal property int:o the building and has been living there since. Apparently there is no running water inside because he carries ~ater from a shallow ¢-~ell 6!~' north of the building. Tl~e building is not connected to City sex?er and uses sortie single pipe drain system, that finds its way to Lake Minnetont~a. I~r. Roullard stated on ~,1ay 2nd that the o~.ers of the ~'~obile home park gave him per~aission to move from the old house on the property to this building because they had his forty, er z~esidence rented to another family. Today, l~y 4th, he said Jan Bertrand gave him per~ssion on l~ionday ~ay 3rd to stay in the house at least tenporarily. This has not been verified, however, the handling of this ~tter has been ex- tremely difficult to follo~v at best. Construction activities have been occurring on a stop and start basis since June of 1981, ~vithout a building permit. Repeated request to the building inspectors office have failed, until re- cently, to get any response from the owners to co~ly wit~z any City or State codes. %]~e Honorable l~,~ayor and Council~.~embers Page -2- l~y 4, 1982 We respectfully request an immediate and complete investigation into this matter. The building does not comply and continues to be occupied. The concensus of the neighbors is simply to remove thq:.b~uilding or 'aomplete reconstzn~ction and conformance with proper inspection and construction standards and in compliance with City of Mound ordinances and State of Ifinnesota Codes. We hope that satisfactory results can be gained th'~ough this process and alleviate further action by us. Vivian A. ~iassuch 6701 Halstead Avenue Mound, MI~ 55364 A. Hesse Verna Has s~ ' 6627 Bartlett Blvd. Mound, I~] 55364 COMMERCIAL -- INDUSTRIAL REALTOR° PURCHASE AGREEMENT FORM APPROVED BY GREATER MINNEAPOLIS AREA BOARD OF REALTORS~ IMARCH. tS78) · ~ w ) DOLLARS C~C.~ as earnest money and in part payment for the purchase of property IChe~ C4ahpr Noah--State W at ~'~ ~f ~}-I}i~ situated in the County of ~g~ ~ '+ 0 g-- O~ g~: S 0 a THE ~ StateE C 6~0['.COf Minnesota, oandFlegally(~-~ ~ e~d.e:described as follows.~LC,,i)to-wit: all of which property the undersigned has this day sold to the buyer for the sum of: which the buyer agrees to pay in the following manner: Earnest money herein paid $ ~ M~ and $ ~,~1 '~ cash o~~} the date of closing, t~, ~ . ' ' / ' ] ' ' ' / Subject W perf ..... ce by the buyer the ,eller a~ee, ~ ezecu[e and debver a ~/D W .... ty Deed ~nveying marketable title w s~d premises subject only W the following exceptions: (a) Buil~ng ~d tuning laws. ordinances, State and ~ederal re~lations. (b) gesmetions relating ~ use or improvement of premises mthout effective Iodeiture provision. (e) Reservation of any minerals or mineral rights ~ tho State of Minnesota. (d) Utility and dr~nage easements ~ieh ~ not interfere ~th present impwvemen~. (e) ~GHTS OF TENANTS~ POLLOWS: Buyer shall payk~ ~/0~f the real ~st,te ~ax~s and installments of speci~ assessments d ....d payable in aha an such t .... ~s[~men~s of speci~ a ........ ts when due in subsnquent ye .... a Seller shall p ay~~n' the real estate taxes ~d installments of s peci~ assessments due and payable in nd ~1 such taxes ts of special assessments in prior years. ' tSeller coven~ts that buildings, if ~y, are entirely within the ~unda~ lines of ~e property ~d a~ees W remove ~1 personal property not included herein and all debris from ~e pre~or to ~ossesslon date. The seller fur,her a~ees ~ deliver possession o~N~ /7 }~ ~ ~ pw.ded ,hal all conditions of this a~reemenl have been ~mplied ~th. In the evenl lhis property is destroyed or. substantially damaged by fire or ~y o~er cause before ~e closing dale: lhis a~reemenl shall be~me null ~d void, a~ the Buyer's option, and all mnies pad hereunder shall be refunded w him. The buyer ~d seller also mutually a~ee lhat pro rata adjustments of rents, inierest, insurance, u~li~es and ~y other opera~ng expenses, shall ~ made as of The seller, shall.~thin a reasonable ~me Mter approval of this a~eement, fu~ish an absgact of title, or a Registered Property Abstract certified w date and to include proper searches ~vering bankruptcies, and State and Federal judgement and liens. The buyer shall be allowed days after receipt ther~f for examina~on of s~d title and thq making of any objections therew, said objec~ons to be made in ~ting or deemed to be waived. If any objections are so made the seller shall be allowed 1~ days to make such title marketable. P~nding correction of title [he payments h~rsunder required shall be pos~oned, but upon ~rrection o~ title and within 10 days after ~itten notice to the ~yer. the parties shall perform this a~eement according w its terms. If said titleis not marketable ~d is not made so within l~days from tl~e date of written objections therew as provided, this a~e~ meut shall be null and void, at option of buyer, and neither pnncipal shall be liable for damages hereunder to the other pnncipE. All money therewio*e paid by the buyer shall be refunded. If the ~itle w said pwperty be found marketable or be so made within said time, and s~d buyer shall defaulg in any of the a~eements and continueln default for aperiodof 10days, then andinthat case the seller may terminate this contract and on such termina~on all the payments made upon ~is congact shall be retained by s~d seller and said agent, as their respective i~terests may appear, as liquidated damages, time being of the essence hereof. This provision shall not dep~ve either party of the right of enforcing ~e specific perfom~ce o[ this ~ntract prodded such ~ntract sh~l not be terminated as aforesaid, and provided action W enforce such specific performance shall be commenced ~thin six monks after such right of action shah arise. h is understood and agreed that this sale is made subject W the appwval by the owner of said premises in writing and that the undersigned agent is in no manner liable or responsible on account of this agreement, except W return or account for the e~est money paid under this cou~acL h i .... derswod that seller/buyer h .... til ~ [ ~ ~ ' · accept the temls and coudiuons of this purchase agreement. The delivery or all papers an~ monies shall be~ade at [he office approve Hte a~ve a~eemen[ and the sale thereby made. I hereby ~ree w purchase fl~e said properly for [he price and upon the terms a~ve mentioned and subjec[ [o all con~fions her~ in e~ressed. ; ..... (SEAL) PROPOSED EXPENDITURE PLAN FOR REVENUE SHARING FUNDS o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Tire Balancing Machine (Used) Pressure Washer (Car/Truck) (New) Summer Interns for City Manager's Office a. Master Park Plan b. Use of City Land Downtown Study for DAC Refurbish Three Points Tennis Court Vac-All Truck Police Car Painting and Refurbishing City Hall Fence Around New City Maintenance Building City Hall Remodeling Spring & Fall City Clean-Up Park Dept. Truck Repairs Magnetic Locator for Water/Street Post Drive Election Counter Down Payment Toward Public Works Handicapped Access Dept. Building 18. Uncommitted 900.00 1,600.00 4,OOO.OO 6,750.00 lO,O00.O0 15,000.O0 8,OOO.OO I0,000.00 8,000.O0 20,000.00 lO,O00.O0 1,O00.O0 55O.OO 785.OO 6,OOO.OO 15,000.00 10,000.00 $127,585.00 16,00o.0o $143,585.00 CITY O'F HOUND Hound, Hinnesota April 29, 1982 TO: SUBJECT: Jon Elam, City Manager Request for Conditional Use Permit by PDQ Food Store to construct 2 Gasoline Pump Islands PDQ Food Store, 5550 Three Points Boulevard, have requested a Conditional Use Permit to construct 2 Gasoline Pump Islands. The Planning Commission has recommended approval subject to the recommendations the Building Inspector has suggested. A public hearing is required preceded by published and mailed notice at least 10 days prior to the hearing date. A sug- gested date for the public hearing is May 25th. AFFIDAVIT OF PUBLICATION "'° l. aker 5571 AUDITOR'S ROAD MOUND, MN. 55364 State o£ Minnesota County of Hennepin CITY OF MOUND -- , MOUND. MINNESOTA' ' NOTICE OF PUBLIC HEARING TO CONSIDER THE ISSUANCE OF "ON AND OFF SALE BEER LICENSES" NOTICE IS HEREBY GIVEN that on Tuesday, May . 11, 1962, al 7:30 P.M. at the City Hail, 5341 Maywoo~ Road, Mound, lV~inne~otl, · public hearing will bi held IO coflNcle~ the issuance Df. "0~ and Off. Bale Bee~ LIc, e~se~" to Richard G. AmUnd~rt DBA Amun(llOfl'l 'f Math 'SI.Clnc. The busine~ ~1 50g~ Three POIntl. -v/lll"be kno~ II.'.'Three't~lntlTevem../Property e~-'i~*'m~l, ntl 12, 13, 34.1nd~5, Block 2, l:3reemwood; ~: :Property Identification Numbem 13-117o24 12 0020, ~..13:117-24 12-0021 -and 13-11-7-24 12 0022 , All pe~'asfls appearing at laid hearing will bi given m~ opportunity lo be heard. .(Publtatted Jn'The-Lalu~ ApriJ JAMES D. BERRETH. being duly sworn, on oalh says he is and during ali time4~ here st~te~ ~a5 been the publisher of the newspaper known as The Laker and has tull knowledge o! Ihe lacts hereto Stated es Iollows: (1) Said newspaper is printed in the English language-in newspaper iormat end in c~iumn and sheel Iorm equivalent in printed space to at lea.st 900 square inches. (2.) Said newspaper is a weekly and is d~stribuled al least once every week. (3) Said newspaper has 50% o! its news Columns devoted !o news of local interest to the community which it purports to serve and does not wholly duplicate any other pubhcation and is not made up entirely of patents, plat~ matter and advertisements. (4) Said newspaper ~s c~rculated in and near the mumcipalitJes which it ~jrport~, to serve, has at lea~.t 500 cop~es regularly delivered to paying subscribers, has an average gl at leasl 7,5% of its total circulalion currently paid or no more than three months in arrears and has entry as second-class matter in Its local post--ofhce. (5) Sa~d newspaper purports to serve Mound, Spring Park. Minnelrista and Orono and il has ils known office of issue ~n Ihe City gl Mound in the County of Hennepin, established and open clu*'ing its regular bus~ness for the gathering of news, sale of advertisements and sale of subscriplions and maintained by the ~ officer of said newspaper or persons in ils employ and subject to his direction and control during ular business hours and devOted exclusively during suCh business hoors tO the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each ~.ue immediately with the State H~slorical Society. (7) Said newspaper is made available at single or sul~cription prm, as to any person, coeporation, partnership or other unincorporated association requesting the newspaper and making the ap~,licable payment. (8) Said newspaper has complied with all Ioregoing condilions for al lea~t one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with Ihe Secretary of State of Minnesota prior to January.l, 1976 an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further stales on oath that the prinled columns of said newspaper, and was prinled Not~ ee of P~hT~ c lqemrqm~ hereto attached as a peri I~ereof '~'as cul Ir(,m the and published therein in the English language, once each week. for 1 .... successive weeks; that it was first so published on Tuesday the 27 dayof Ap~bil ,19 82 and was thereafter printed and published on every ,, __ to and including thee. day of , 19 and Ihat the Iollowing is a printed copy of the lower C~se alphabet from A Io Z. both ~nclus~v,~. and' is hereby ack~,owledged as being Ihe size and kind of type used in the composition ancl publication of said nol~,~e to-wit: 5341 MAYWOQD ROAD Mf~LJNO. ~'¥~,iNt~ESO'~ ~,. ~,!~,.~ PROCLAMATION PROCLAIMING MAY 16, 1982 AS MOUND - WESTONKA POP SINGER'S DAY 1N THE CITY OF MOUND WHEREAS, the Pop Singers have shown great diligence and dedication, and WHEREAS, they have practiced for hundreds of hours and put on nearly 40 shows and concerts in 1981-82. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND THAT BECAUSE THE DEDICATION AND TALENT OF THE POP SINGERS HAS TRULY MADE THEM AMBASSADORS OF GOODWILL FOR THE CITY AND THE SCHOOL DISTRICT, THE COUNCIL DOES HEREBY PROCLAIM SUNDAY, MAY 16, 1982 AS MOUND - WESTONKA POP SINGER'S DAY IN THE CITY OF MOUND. Passed unanimously and adopted by the City Council of the City of Mound this llth day of May, 1982. Mayor EPARTMENT OF NATURAL RESOURCES BOX 52, CENTENNIAL OFFICE BUILDING · ST. PAUL, MINNESOTA · 55155 DNR INFORMATION (612) 296-6157 FILE NO April 23, 1982 The Honorable Leighton "Rock" Lindlan Mayor of the City of Mound 2561 Lakewood Lane Mound, MN 55364 Dear Mayor Lindlan: The article "Council 'cautious' on access" in the April 6, 1982, edition of the Laker, Mound has prompted me to write this letter. I wish to advise that the Department of Natural Resources (DNR) will not be negotiating with the City of Mound to establish a public access on Lost Lake. The site proposed by the City of Minnetrista as a result of negotiations with your city to provide an alternate to the Kings Point Road site, Halstead's Bay is no't an acceptable alternative. Our investigation of the Lost Lake site reveals the physical, environmental and economical problems related to a safe, free and adequate access are insurmountable. Estimates for property acquisition, dredging, filling and development for what appears to have a capacity of eight car/trailer parking sites could be in excess of $247,000.00. Also of prime concern is the wetlands area. Permits from various regulatory agencies would be required in addition to mi ti gati on. The site may have some possibility for a private marina, but certainly does not lend itself to a public access to Lake Minnetonka. During the coming months, a Task Force, as recommended by the Governor, will be created to develop recommendations for a total recreation management program including public access to Lake Minnetonka. The Department of Natural Resources endorses this proposal because of its Metro Area significance. DMC/j 1 s cc Commissioner Alexander Mayor Ben Olson, Minnetrista Lake Minnetonka Conservation Dis tri ct Karen Loechler Sincerely, DONALD M. CARLSON Special Assistant to the Commissioner Trails & Waterways Unit Box 52 - Centennial Building Saint Paul, ~ 55155-1679 (612)/296-4822 Mike Markell AN EQUAL OPPORTUNITY EMPLOYER United States Postal Service April 26, 1982 Mr. Rock Lindlan Mayor, City of Mound, Minnesota 2561 Lakewood Lane Mound, MN. 55364 Dear Sir: Our present lessor of the Mound Post Office will not grant an extentsion to our present lease. We are forced to vacate these premises by September 30, 1982. We therefore are seeking alternate quarters. Alternate existing quarters that will meet our criteria will be considered. Our preliminary space studies indicated we will need between 4200 and 4800 square feet of in- terior square feet. The purpose of this correspondence is to keep you and your staff advised of postal related activities occuring in your city and to inform you that we anticipate no changes in services presently in force. We trust that you will notify your constituents of these pending actions and we Would appreciate any zoning information that may be pertinent to the forthcoming actions. Should you desire' additional information or have knowledge of existing alternate quarters, please address your correspondence to my office. Sincerely, Anthofiy d. Schiavone District Director North Central District, USPS LAKE MINNETONKA CONSERVATION DISTRICT AGENDA Regular Meeting, 8 p.m., Wednesday, April 28, 1982 TONKA BAY VILLAGE HALL 4901Manitou Road (County Road 19), Tonka Bay 1. Call to Order 2. Roll Call 3. Minutes: March 24, 1982 4. Treasurer's Report A. Monthly Financial Report B. Bills 5. Committee Reports A. LAKE USE COMMITTEE (1) Committee Report (a) Sp.Ev: Ski Hut Race (b) " " (c) " " (d) " " (e) " " (f) " ,, (g) " ,, (2) Action Items U.S.Boardsailing Fletcher Sky Diving Fletcher Log Rolling Theis Parasail Windsurfer Long Dist. Windsurfer Evenings (a) Sp. Event: Ski Hut Race (b) " " (c) " " (d) " " (e) " " (f) " ,, (g) " ,, (3) Other (h) Code Amendment: Temporary Acceleration Deletion (i) 1982 Boating Card (j) 1982 Lake Use Study (k) Water Patrol Report (1) Other U.S. Boardsailing Lord Fletcher Sky Diving Lord Fletcher Log Rolling Theis Parasail Windsurfer Long Distance Race Windsurfer Evening Races B. WATER STRUCTURES & ENVIRONMENT COMMITTEE (1) Committee Report (a) 1982 Dock Licenses (b) Code Amendment: Temporary Acceleration Deletion (2) Action Item: 1982 Dock Licenses (3) Other Code Amendments A. Temporary Acceleration Deletion - 3rd reading B. Permanent Dock Permits - 1st reading Other Business (c) Code Amendment: Permanent Dock Permits (d) Applications Review (e) Other Adjournment 4-34-82 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL March 24-, 1982 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Brown at 8 p.m. on Wednesday, March 24, 1982 at the Tonka Bay Village Hall. CALL TO ORDER Members .present: Richard Garwood (Deephaven), Jerry Johnson (Excelsior), Robert Brown (Greenwood), Lois Johnson (Minnetonka Beach), Alan Fasching (Minnetrista), Orval Fenstad (Mound), Robert Rascop (Shorewood), Frank Hunt (Spring Park), and Robert MacNamara (Wayzata). Communities repre- sented: Nine (9). ATTENDANCE Hunt Moved, Garwood Seconded that the minutes of the February 24, 1982 meeting be approved. Motion, Ayes (9), Nays (0). MINUTES Fenstad Moved, MacNamara Seconded that the Treasurer's Report be approved and the bills paid. Motion, Ayes (9), Nays (0). TREASURER'S REPORT Hunt Moved, J. Johnson Seconded that the 1981 Financial Statement be accepted, distributed, and audit ordered. Motion, Ayes (9), Nays (0). 1981 FINANCIAL STATEMENT DNR ACCESS ACCESS: It was reported that Orono's attorney sent letters to each LMCD Board member on filing a joint Complaint against the DNR regarding the Kings Point access matter. Minnetrista Mayor Gen Olson advised the Board that the DNR met with Minnetrista and Mound to consider an area in Lost Lake as an alternate public access site, but no favorable response had been obtained from the DNR as yet. Minnetrista was advised by the DNR that the State will be seeking additional access because the DNR counts only 150 parking spaces on the Lake (700 is their goal), that the DNR is not seeking cooperation with existing boaters, that the DNR is determined to proceed for additional sites, and that the government task force for development of a Lake manage- ment plan is expected to include only one member from the LMCD. Minnetrista requested response to two items: (1) that the I~CD request that it be equal partners with the DNR in this matter, rather than be only one member of the task force; and (2) that the LMCD request that the task force be an advisory body only. The Board was advised that the task force was still under consideration, and that the DNR has done nothing contrary to the LMCD Code. However, the City of Minnetrista has been "wronged" and should proceed on that basis. J. Johnson Moved, Rascop Seconded that the second and third readings be waived and the Code amendment regarding the licensing of accesses (Ord. 48) be adopted. Roll Call, Ayes (9), Nays (0)? CODE AMENDMENT: LICENSING ACCESSES LAKE USE COMMITTEE: Rascop reported that the committee reviewed race schedules for the upper and lower Lake and made recommendations. The com- mittee reviewed again the Code amendments proposed by the Water Patrol on the operation of motorized vehicles and recommended Board approval; the LMCD Board Minutes March 24, 1982 Page 2 committee also recommended further consideration of reducing the shore zone from 500 to 150 feet. The committee reviewed the proposed access license amendment and forwarded it to the Board without making a recommendation concerning grandfathering. The committee reviewed the proposed addition of the Rules of the Road to the information folder, requesting final drawings for the next committee meeting. The 1981 buoy placements were reviewed (five buoys were lost through damage) and recommendations for 1982 were made. The committee reviewed and approved a proposal to remove the three existing signs.on Grays Bay bridge and to replace them with one large reflectorized sign; two more such signs are also to replace those at the two launching ramps in Grays Bay. The Water Patrol reported to the com- mittee delivery of two new boats ordered last season, and a new class of 16 volunteer trainees is starting. The committee discussed allowing the placement of private Slow.buoys on the Lake, and determined that the Dis- trict should review requests from commercial marinas but should discourage residential placement of such buoys. Rascop Moved, Jo Johnson Seconded that the committee report be accepted. Motion, Ayes (9), Nays (0). Hunt Moved, Fenstad Seconded that the upper and lower Lake race schedules be approved as follows: A. Upper Lake Minnetonka Yacht Club with stipulations: (1) that buoys be removed immediately after each regatta; (2) that state regulation (blue and white) mooring buoys be used; (3) that the mooring buoys be kept inside the point line at Wawatosa Island; (4) that lagoon channel traffic northeast of the yacht club grounds will not be blocked; (5) that race courses be laid out so that they do not interfere with regular boating traffic in the Casco Point area; (6) that all boats use lights as required by law; and (7) registration numbers must be affixed to all boats, according to statute. Lower Lake Consolidated Race Schedule with stipulations: (1) that course locations not interfere with Spirit Island or West Point Passage; (2) that for any Big Island race, boats run (rather than beat-through) West Point Passage; PRIVATE SLOW BUOYS SP. EVENT PERMITS: UPPER LAKE RACE SCHEDULE LOWER LAKE CONSOLIDATED RACE SCHEDULE LMCD Board Meeting March 24, 1982 Page 3 (3) that starting times for each class be lengthened to ten-minute intervals for races through the West Point Passage, to relieve congestion; (4) that sailboats, during races, are exempt from speed restrictions while passing downwind through West Point Passage; (5) that all boats use lights as required by law; and (6) registration numbers must be affixed to all boats, according to statute. Motion, Ayes (9), Nays (0). Rascop Moved, J. Johnson Seconded that the County be requested to pur- chase ten additional Slow buoys for replacement purposes. Motion, Ayes (9), Nays (0). WATER STRUCTURES & ENVIRONMENT COMMITTEE: Brown reported that~the com- mittee reviewed public hearing reports for Minnetonka Yacht Club and Michael Arvidson and made recommendations; also reviewed were 1982 dock licenses, DMA permits and deicing permits and recommendations were made. Code amendments were reviewed: (1) licensing Lake access facilities (including the question of grandfathering) was recommended for approval as proposed; the committee will review municipal zoning requirements at the next meeting; (2) the proposal by the Water Patrol on the operation of motorized vehicles was recommended for approval with the amendment that the shore zone be reduced from 500 to 150 feet; (3) regarding permits for permanent docks, the committee requested the following changes be in- corporated into the draft for further consideration: (a) that the permanent dock be defined as any dock which is not seasonally removed from the Lake; (b) that surveys, including scaled dock plans, be required with the application; (c) that legally existing docks be grandfathered; and (d) that no new permanent dock be allowed where deicing may be required. The com- mittee reviewed the proposed modifications by the Watershed District to the management plan of the dam, and requested that more time be allowed for the committee to review the matter. Hunt Moved, J. Johnson Seconded that the committee report be accepted. Motion, Ayes (9), Nays (0). Garwood Moved, Rascop Seconded that the ~following actions be taken: 1. 1982 renewal dock licenses be approved for: Baycliffe Property Association Crane Island Association Hennepin County at Spring Park Maple Crest Estates Victoria Estates Woodend Shores Beach Association BUOY PURCHASE REQUEST PERMANENT DOCK PERMITS 1982 DOCK. RENEWAL LICENSES LMCD Board Minutes March 24, 1982 Page 4 2. 1982 District Mooring Area Permit applications be approved for: Methodist Lakeside Assembly Minnetonka Yacht Club (increase from 10 to 15) 3. Refund of $10 to Cedarhurst Association for license application fee overpayment be approved. 4. Dock license application fee for the State of Minnesota's Veterans' Camp at Big Island be waived. Motion, Ayes (9), Nays (0). Fenstad Moved, Rascop Seconded that a 30 foot access corridor be estab- lished as well as dock use areas for the Michael Arvidson property, the Shorewood Yacht Club property, and the county right-of-way property, in agreement with the 3-23-82 drawing on file with the District, and be sub- ject to receipt of a certified "as-built" survey. Motion, Ayes (9), Nays (0). Brown reviewed the Watershed's management policy of the dam and the pro- posed modification of that policy. J. Johnson Moved, Fenstad Seconded that Resolution 41 regarding the management policy for the headwaters control structure (that the proposed changes be modified to provide for a minimum Lake level of 928.80, and May through September Lake level between 929.1 and 929.3 to the greatest extent that other management objectives permit) be adopted. Motion, Ayes (9), Nays (0). CODE AMENDMENTS: Hunt Moved, Fenstad Seconded that the third reading be waived and the Code amendment regarding' Special Density Permits (Ord. 49) be adopted. Motion, Ayes (9), Nays (0). Hunt Moved, Rascop Seconded that the moratorium (on new or additional com- mercial docks, multiple docks and mooring areas at a density exceeding one boat per 50 feet of shoreline) as expressed in Resolution 38, be lifted upon publication of Ordinance 49. Motion, Ayes (9), Nays (0). Fenstad Moved, L. Johnson Seconded that the second and third readings be waived and the Code amendment regarding the late payment of fees for licenses and permits (Ord. 50) be adopted. Motion, Ayes (9), Nays (0). J. Johnson Moved, Rascop Seconded that the second and third readings be waived and the Code amendment regarding operation of motorized vehicles on the ice be adopted. Motion, Ayes (7), Nays (2), Fenstad and Hunt voting Nay; Motion failed for lack of majority vote of all members of the Board (8 being required). 1982 DMA PERMITS CEDARHURST REFUND VET CAMP FEE WAIVED ARVIDSON VARIANCE: CORRIDOR & DUA MANAGEMENT' POLICY (DAM) MODIFICATION CODE AMENDMENTS: SP. DENSITY PERMITS MORATORIUM LIFTED LATE PAYMENTS TEMPORARY ACCELERATION (DEFEATED) LMCD Board Minutes March 24, 1982 Page 5 Fenstad Moved, Hunt Seconded that the Code amendment regarding operation of motorized vehicles be returned to committee for additional review. Motion, Ayes (8), Nays (1), J. Johnson voting Nay. Hunt Moved, Lo Johnson Seconded that readings be waived and the Code amend- ment regarding the establishment of a portion of Coffee Cove as Quiet Waters for 1982 (Ord. 51) be adopted. Motion, Ayes (9), Nays (0). Hunt Moved,' Fenstad Seconded that readings be waived and the Code amendment regarding Quiet Waters on Seton Channel (Ord. 52) be adopted. Motion, Ayes (9), Nays (0). OTHER BUSINESS: Rascop Moved, Hunt Seconded that participation in the April secretaries seminar at the cost of $45 be approved. Motion, Ayes (9), Nays (0). Fenstad Moved, L. Johnson Seconded that the Director and the 3-22-82 Com- mittee assignment roster be approved. Motion, Ayes (9), Nays (0). The City of Excelsior requested notification to villages when prosecutions involving their respective villages are involved; it was noted that every effort (via written communications, telephone conversations, personal contacts, etc.) will continue to be made as in the past. ADJOURNMENT: Rascop Moved, J. Johnson Seconded at 10:40 p.m. that the meeting be adjourned. Motion, Ayes (9), Nays (0). TEMPORARY REVIEW COFFEE COVE Q.W. FOR 1982 NORTH SETON Q.w. SEMINAR ROSTER ADJOURNED Submitted by: Robert P. Rascop, Secretary Approved by: Robert Tipton Brown, Chairman WURST G£RALD T. CARROLL CURTIS A. [DEARSON ALBERT FAULCONER JAHES D, LARSON LAW OFFICES WURST, CARROLL & PEARSON I100 FIRST BANK PLACE WEST IVIINNEAPOLIS, MINNESOTA 55402 April 20, 1982 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Don David Don David Insurance Agency Shelard Tower Minneapolis, Minnesota 55426 TELEPHONE (61;~) 338-8~11 Re: City of Mound Dear Don: The City of Mound recently retained a consultant to review its insurance contracts. The person who did the review work was Mr. William Husbands, and he made the following recommendation to the City Council: "As a result of reviewing the liquor liability policies, I found a gap of 41 days. This resulted from the previous agent's failure to renew this policy on January 1, 1981. The new agent was given permission to write this policy effective February 11, 1981. It would be my recommendation that the previous agent be sent a certified letter placing him/her on notice of the City's intent to look to that agent for reimbursement should any claim arise 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 not reasonable to assume that a claim would show up prior to the six year statute of limitation." Don, Mr. Elam, the City Manager, has contacted me and asked me to transmit this to you and to place you on notice of this gap. To date, no claims have been filed affecting that particular period, but apparently several members of the Council indicated that you had said that this policy would be in force during the period in question, i.e., January 1, 1981, to February 11, 1981. I sincerely hope that no claims arose during that time and that this will not be a problem for the City or for you. Very trulY yours, 9tls ~: City Attorney City of Mound, Minnesota CAP: Ih cc: Mr. Jon Elam FIRST NATIONAL-SOO LINE CONCOURSE EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODI~ B121 File: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members May 1, 1982 Newsletter The bond market struggles to come back, but with even a modest improvement the pent up demand for long term funds surfaces and interest rates head up again. There is no doubt that our concern of ages ago was justified: Overuse of tax exempt financing has diluted the interest saving inherent in tax exemption. m DOW JONES MUNICIPALS 14 l.,, __ WllI(LY I¥I~AGI LAST WEEK 13.88% I0 PREV. WEEK 13,81 Fo THE WALL STREET JOURNAL Monday, April 12, 1982 Minnesota general obligation municipal bond interest rate limits are now one percent above the Bond Buyer Index of 20, 20 year bonds, rounded to the next highest full percent, as determined by the Commissioner of Finance on the 20th of each preceding month. G.O. bonds payable from special assess- ments [sic], as well as non-G.O, bonds, have a one percent higher limit (15% for April). New ideas keep entering the tax exempt bond market such as "puts", letters of credit, insurance, stepped coupon bonds, zero coupon bonds, mandatory call term bonds, each of which is said to be a "sure" way to reduce interest rates. Some have promise, but, as with some old "new" ideas, such as deep discount bids there are apt to be trade-offs. We tend to stay with proven ways until a clear advantage is shown from novel approaches. Eden Prairie, Minnesota, completed its $18 million tax increment financing. Unique not only because of its size (for tax increment projects in this area, at least) and because it was insured (first AMBAC insured G.O. bonds in Minnesota), the financing is particularly noteworthy because of its pur- pose. The City will now complete an extensive complex of Federal, Interstate, State, County and City highway interchanges for which funds had dried up which will greatly improve traffic flow, public safety, the prosperity of the City's major commercial center and the City's own economic base. Ehlers and Associates will have an interesting seminar on May 5 on coping with city revenue problems.~ Invitations were limited to twelve counties in and around ~r~"~tro area but some openings may remain/ when this newsletter is received which will be available on a first come first served basis. The J cost is $15 to cover lunch and materials. This meeting will be repeated if there is a demand. ~ Very truly yours, Municipality MINNESOTA Date Buffalo 2/22/82 Karlstad 2/23/82 Mpls.-St. Paul Metro 2/16/82 Area {Metro Council) Ostego 2/22/82 Eden Prairie 3/2/82 Eden Prairie 3/2/82 Chippewa County 3/3/82 South Washington 3/9/82 County ISD No. 833 Winthrop 3/16/82 Albany 3/15/82 Dilworth 3/24/82 Elk River ISD No. 728 3/30/82 Elk River ISD No. 728 3/30/82 Nashwauk 3/30/82 Ramsey 3/30/82 WashingtoR County 3/30/82 Mahnomen 4/5/82 St. Paul ISD No. 625 4/6/82 Willmar 4/7/82 Willmar 4/7/82 Willmar 4/7/82 SUMMARY OF AREA BOND SALES Type of Bonds Amount Maturity Net Rate Dow Jones Ratin~ G.O. Municipal Building Bonds 895M 1984-96 11.04% 13.66% A G.O. Short-Run Nursing Revenue 500M 1984 9.53% 13.66% NR Bonds G.O Tax Anticipation Certificates of Indebt. 530M 1983 8,04% 13.81% MIG-1 G.O. Improvement Bonds 255M 1983-92 11.05% 13.66% NR G.O. Tax Increment Bonds 18,000M 1985-2000 11.99% 12.41% A G.O. Improvement Bonds 4,300M 1984-95 11.38% 12.41% A G.O. Drainage Bonds 410M 1983-97 10.78% 12.41% A G.O. Aid Anticipation Certificates of Indebt. 2,830M 1982 8.99% 13.21% NR G.O. Water and Sewer Bonds 300M 1984-88 10.06% 13.44% Baa-1 G.O. Improvement Bonds 67M 1983-92 11.53% 13.44% NR G.O. Building Bonds 225M 1984-92 10.97% 13.71% Baa G.O. Anticipation Certificates of Indebt. 460M 1982 9.01% 13.76% NR G.O. Tax Anticipation Certificates of Indebt. 1,100M 1983 9.20% 13.76% NR G.O. Temporary Construction Bonds 625M 1983 9.12% 13.76% A G.O. Metropolitan Watershed District Improvement Bonds 5,290M 1984-93 10.50% 13.76% Aaa G.O. Metropolitan Watershed District Improvement Bonds 1,490M 1984-93 10.71% 13.76% A G.O Grant Anticipation Bonds 170M 1984 9.29% 13.81% Baa G.O. Tax Anticipation Certificates of Indebt. 10,050M 1982 8.94% 13.81% MIG-1 Municipal Utilities Revenue Bonds 2,700M 1984-96 11.65% 13.81% A G.O. Improvement Bonds 1,445M 1984-98 11.26% 13.81% A G.O. Tax Increment Bonds 850M 1985-95 11.40% 13.81% A WISCONSIN La Crosse 1/28/82 Grafton 3/2/82 Clark County 3/3/82 Dousman 3/3/82 West Allis 3/16/82 Rice Lake 3/23/82 Holmen 3/30/82 Kenosha 4/5/82 La Crosse 4/6/82 Wauwatosa 4/6/82 Madison 4/6/82 Hospital Facilities Revenue Bds. (St. Francis Hospital) 4,000M 1983-91 Promissory Un. Tax Notes 1,600M 1983-91 G.O. Health Care Facility Revenue Bonds 8,650M 1983-91 Special Assessment "B" Bonds 240M 1983-91 Promissory Unlimited Tax Notes 13,530M 1983-92 Sewerage System Mortgage 2,000M 1984-93 Bonds G.O. Sewage Treatment Bonds 800M 1985-94 Promissory Unlimited Tax Notes 4,240M 1983-91 Corporate Purpose Bonds 3,530M 1984-94 Corporate Purpose Bonds 2,485M Promissory Notes 200M 1983-94 Promissory Notes 5,400M 1983-92 12.59% 9.00% 11.62% 12.62% 12.08% 12.13% 12.50% 11.78% 11.14% 10.65% 10.27% 13.96% 12.41% 12.41% 13.41% 13.44% 13.71% 13.76% 13.81% 13.81% 13.81% 13.81% A A AA NR A1 NR Baa-1 A-1 Aa Aaa Aaa NORTH DAKOTA Grand Forks 3/15/82 Refunding Improvement Bonds 3,650M 1984-97 10.78% 13.44% Aa SOUTH DAKOTA So. Dak. Housing Development Authority 3/16/82 Sioux Falls 3/30/82 Belle Fouche 4/5/82 Multi-Family Revenue Bonds 13,595M 198¢-95 13.57% 13.44% A-1 2013 & 2022 G.O. Coupon-Water Reclamation Bonds 3,150M 1984-1994 10.92% 13.76% Aa-1 G.O. Water Bonds 595M 1988-94 11.91% 13.81% Baa-1 IOWA Marshalltown 2/24/82 Waverly 3/22/82 Sac City 3/15/82 Medical Clinic Revenue Bonds 6,660M Electric Revenue Bonds 7,100M Sewer Improvement Bonds 375M 1983-93 1983-97 1983-94 10.06% 12.93% 10.48% 13.66% 13.71% 13.44% Aa-1 A NR CITY of /OUNI) April 28, 1982 53,41 MAYWOOD ROAD MOUND. MINNESO"fA .55364 (612) 472-1155 Mr. Douglas Day Regulatory Compliance Section Solid and Hazardous Waste Division Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, MN. 55113-2785 Dear Mr. Day: I have now concluded my investigation of the questions you posed in your letter of March 30, 1982 to the City of Mound. QUESTION 1 On the attached map I have identified, to the best of my ability, the boundary lines and locations of ali three dump sites used in Mound from 1950 on. SITE !: This was used initially by a private contractor starting in 1950 to wash out concrete trucks. In 1958 it became a city dump for refuse (not garbage). The site as shown on the map is about 300' x 365'. It grew substantially in 1965 after a tornado went thru Mound and hundreds of tree limbs and stumps were deposited at the site. We have no idea of the volume that existed at the site except that you could take the lake level and measure the height of the fill site to determine the number of cubic yards presently at the site. As far as anyone remembers, no one is aware of Tonka depositing chemical barrels at any of the three sites. No barrels have appeared in the last few years, but if Tonka says they dumped there, they would know since it was a public dump site. The site was managed by a private owner/contractor Mr. Will Johnson and his employee Mr. Carl Hammer, who has since passed away. SITE 2: This was a former gravel pit owned by Mr. Will Johnson. He ran it as a public dump and charged everyone who used it except the City, who leveled out the site in exchange for the right to dump free. This site started operating in 1957 and went until 1962 when it was covered up and buried. We have estimated the site size, but it's impossible to define because the terrain has been completely changed around. The volume intake would also be impossible to estimate at this time. As a private dump, that was open to the public, it is assumed that all sorts of wastes were disposed of at the site. As far as we know, the sites were not dug up when the property was subdivided in 1976. Tonka would have to answer who hauled their wastes to this site. Page 2 Hr. Douglas Day April 28, 1982 It could be assumed that it was Mr. Will Johnson who operated the only City refuse collection business in town during this period of time. SITE 3: This was also on land owned by Mr. Will Johnson and served as the private disposal site for his own garbage trucks. It was operated from approximately 1958 until it closed in 1962. Again excavation has pretty well smoothed out the site and so today it is impossible to estimate the volume of material deposited at the site or the type of wastes disposed of. On all three sites materials were hauled by garbage trucks (circa 1960) and private cars. There were no liquid haulers that people often think of when it comes to chemical deposits. QUESTION 2 City personnel were not used at any of the dump sites, except to level the trash or bring in dirt cover. Private fees were charged everyone except the owner and the City and were $.25 for a car load. QUESTION 3 Owners of the properties were: SITE 1 - Our Lady of the Lake Catholic Church, Mound, MN. 472-1284 SITE 2 - William Johnson, P.O. Box 1355, Vail, Colorado 81657 SITE 3 - William Johnson, P.O. Box 1355, Vail, Colorado 81657 William Johnson also has a summer residence in Mound at 5400 Three Points Blvd., Apt. 334, Mound, MN. 472-2709 Today the above sites are owned by the following persons: SITE 1 - Our Lady of the Lake Catholic Church 2385 Commerce Blvd. Mound, MN. 55364 472-1284 SITE 2 (See attached maps) Block 2, Lot 9 - Craig L. Jordan, 2839 Westedge Blvd., Mound, MN. Block 2, Lot 10 - Peggy Ann VanDam, 2835 Westedge Blvd., Mound, MN. Block 2, Lot ll - State Lane Dept. Woodcrest, Inc., 6600 Mohawk Trail, Edina, MN. Block 7, Lot 3 Block 7, Lot 4 Block 2, Lot 1 Block 2, Lot 2 - David Dokmo, 2810 Halstead Lane, Mound, MN. - Allen D. Walburn, 1st Southdale Nat'l Bank, Edina, MN. - Allen D. Walburn, 1st Southdale Nat'l Bank, Edina, MN. - Allen D. Walburn, 1st Southdale Nat'l Bank, Edina, MN. SITE 3 (See attached maps) Block 5, Lot 1 - Mark & Elaine C. Winter, 6395 Acorn Road, Mound, MN. Block 5, Lot 2 - Jack A. & Kristine S. Rick, 6385 Acorn Road, Mound, MN. Block 5, Lot 3 - Allen D. Walburn, 1st Southdale Nat'l Bank, Edina, MN. Page 3 Mr. Douglas Day April 28, 1982 QUESTION 4 (For Site 2) The developer of this subdivision called Woodcrest was: Woodcrest, Inc. 6600 Mohawk Trail Edina, MN. The City has no information as to the quantity of material or what material was removed (although we don't think any actually was removed) and if it was removed, where it was moved to at any of the three sites. There was a large knoll next to Site 2 which was leveled and pushed into the site to cover it up and as we understand it, this was the only excavation that was done. QUESTION 5 The City has not taken any remedial actions at the dumps because it was not aware of any hazardous wastes in them and there has been no evidence of any kind that a problem exists that could affect the City's water supply or its' residents. To go on a wild goose chase would not only be a waste of money but we would have no assurances that anything would be found. If you can provide the City with any evidence that a problem exists or where a hazardous waste site exists, we will be happy to investigate it. Sincerely, Jon Elam~ ~Manager JE:fc enc. cc: Joseph M. Joyce, Tonka Corp. ,.rI · / SS~IdA3 ~ ~ ...I 000~ ~OPON .PO. IS' z 0 punol~ Jo a§Oll!^ O&s!J~,a, UU!l,',i jo a§OlHA planning area.. citizen advisory commit 2353 government center, minneapolis, mn 55487 April 23, 1982 Mr. Jonn Elam City of Mound 5341Maywood Road Mound, MN 55364 Dear Mr. Elam: The Planning Area 4 Citizen Advisory Committee, at its April 15, 1982, meeting reviewed the City of Mound's proposed use of Community Develop- ment Block Grant funds for Program Year VIII. The Committee finds that the City of Mound's Community Development pro- gram as proposed for Year VIII is consistent wit~ the Urban Hennepin County Statement of Objectives. The Committee views Mound's CDBG program as a balanced and well developed response to t~e identified local needs. The Committee wishes to thank the City for its cooperation in the appli- cation review process. Sincerely, /r~ C ~ a r l~e"s ~J '.k~~~'i a i rman Planning Area 4 Citizen Advisory Committee lw cc: PACAC 4 Members LarryBlackstad AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM. -~'~~' ~IS AG~T, entered into this -- day of May , 19 ~2 by and between the City of Minneapolis (herein called '~rban Corps") and CITY OF MOUND (herein called "Agency"). WHEREAS, the above named Agency, a public organization or private non-profit organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right co approve or reject requests for student interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency will accept a student as an intern by completing and signing the Assignment section of the student's Urban Corps application form. 3. The Agency shall utilize such students as may be assigned to it in accor- dance with the specifications set forth in its w~itten request to the Urban Corps, and shall immediately notify the Urban Corps of any change in nature of assign- ment, duties, supervisor or work location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. 5. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually Or as a group, as shall be necessary for the proper functions of the program. 7. In accordance with the requirements of Federal and State law, work per- formed by such students as may be assigned to the Agency shall: a. Be in the public interest; b. Will not result in the displacement of employed workers or impair existing contracts for services; c. Does not involve the cons~ruction, operation or maintenance of so much of any facility as is used, or is to be used, for sectarian instruction or as a place of religious worship; and d. Does not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office. 8. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), and Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance, Chapter 139 and 141. 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the'assignments of students to the Agency subject to the extent authorized in M.S. 1980: Sec. 3.736. 13. The Agency shall obtain at its own expense Uorkman's Compensation insurance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. 14. The Agency shall pay to the Urban Corps 30% or other percentage figure as agreed upon by identifying the percentage figure on the student's Urban Corps application form of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section 14(a), and 14(b) of this Agreement. a. Hourly compensation for students will be set at $4.10 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.40 per hour for graduate students or other agreed upon hourly compensation rates not to be below the specified rates in 14(a). b. A graduate student is defined for purposes of this Agreement as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 15. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 16. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent (10%) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commence- ment of the internship. Agency rates for said option are set forth in Section 16(a) and 16(b), of this Agreement. a. Agency rates for students will be set at $4.51 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.94 per hour for graduate students or other agreed upon hourly compensation rates not to be below specified rates in 16(a). b. A graduate student is defined for purposes of this Agreement. as one who has received a B.A., B.S., or equivalent degree or is enrolled in the fifth year of a five year program. 17. Performance under this contract shall commence on July 1, 1982 and ter- minate on June 30, 1983, unless amended in writing as mutually agreed upon by both the Agency and the Institution; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS AGENCY CITY OF MOUND Hame By, Mayor Name By .Mayor ATTEST: ~41Maywood Road Address Mound, Minnesota 55364-1687 City State Zipcode By Title , Mayor By. City Clerk COUNTERSIGNED: City Comptroller-Treasurer Title , City Manager Attest: Approved as to Legality: Assistant City of Minneapolis Attorney City Clerk ~'~ I- _(% ~ ~ 0 U ~ E 0 o ~ O ~ > ~ 0 O 0 o ~ U 0 O o O 0 J~