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82-07-27CITY OF MOUND AGENDA Mound, Minnesota MOUND CITY COUNCIL Regular Meeting Tuesday, July 27, 1982 7:30 P.M. - City Hall 1. Minutes of July 20, 1982, Special ~{eeting Pg. 1639-1644 2. Public Hearing - Delinquent Utility Bills Pg. 1645 3. PLANNING COMMISSION ITEMS ~ Pg. 1646 A. Set Date~lic Hearing~ff~r~ional Use Permit ~_ ~tc for Arcade at 5~F-$h~l~n~- Blvd.~r-~-~-F-sT~'~;'~bJ~ ~n.~'~t: Case 8~.~t~2~- - Suggested hea~'ng d~te August 24, 1982 Pg. 1647-1651 ~. Willard d. Botko, 2149 Cardinal Lane Lots 1, 2, 3, & 4, Block 8, Abraham Lincoln Add'n to Lakeside Park MAP 5 Case 82-129 - Preliminary Subdivision/Lot Split Pg. 1652-1657 C. Ronald T. Cloud, 3219 Gladstone Lane Lot 46, Whipple Shores MAP 15 Case 82-130 - Side Yard Variance Pg. 1658-1663 Do Earl R. Lindskoog, 3036 Island View Drive Lot 49, Phelps Park 1st Division MAP 13 Case 82-131 - Front Yard Variance Pg. 1664-1670 4. Downtown Advisory Committee Report - ~pproval of Downtown Commercial Rehabilitation Loan Program, Policies & Procedures - Paul Pond Pg. 5o Comments & Suggest!ons from Citizens Present (please limit to 3 minutes) 6. Bid Opening for Well No. 8 on Island Park - George Boyer Pg. 7o Westonka-Orono Sports Center Applications for Charitable Organization 3.2 Beer Permit and Charitable Organization Set-Up Permit Pg. 8. Final Payment Request - Hennepin County Road 110 Project Total City Share - $15,728.90 Pg. 9. Copy of Proposed Request for Proposals for City of Mound Cable T.V. Franchise Pg. 10. Payment of Bills Pg. ll. Information/Miscellaneous A. Minnehaha Creek Watershed District Proposal for Modification of Headwaters Control Structure Management Policy and Operating Procedures Pg. B. Surface Water Management Act Seminar - August 6, 1982 -AMM Pg. C° Watershed District Agenda - July 15, 1982 Pg. D. Westonka Chamber - Waves Pg. E. Leauge of Minnesota Cities Regional Meetings Pg. 1671-1674 1675-1676 1677-1681 1682-1685 1686-1791 1792 1792-1805 1806-1807 1808-1809 18lO-1812 1813-1816 Page 1638 A 147 July 20, 1982 SPECIAL MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Mound, Hennepln County, Minnesota, was held at5341'Maywood Road in said City on July 20, 1982, at 7:00 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson and Donald Ulrick. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, Police Chief Bruce Wold, Finance Director Sharon Legs and City Clerk Fran Clark and the following interested persons: Bill Husbands, Jim Stark, Butch Essig, Jim Dickinson, Ned Podany, Stan Drahos and a number of other interested citizens. The Mayor opened the meeting and welcomed the people in attendance. MI NUTES The minutes of the Special. Meeting of June. 28, ]982, were presented for consideration. Charon moved and. Polston seconded a motion to approve the minutes of the June 28, 1982, Special Meeting as presented. The vote was unanimously in favor. Motion carried. The minutes of the July 13, 1982., Regular Meeting were presented for consideration. Swenson moved and POlston seconded a motion to approve the minutes of the july 13, 1982, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. CHARITABLE ORGANIZATION 3.2 BEER PERMIT - OUR LADY OF THE LAKE Swenson moved and Polston seconded the following resolution. RESOLUTION #82-206 RESOLUTION TO APPROVE THE CHARITABLE ORGANIZATION 3.2 BERR PERMIT FOR OUR LADY OF THE LAKE CHURCH - INCREDIBLE FESTIVAL - FOR JULY 31, 1982 AND AUGUST 1, 1982 The vote was unanimously in favor. Motion carried. STATE BABE RUTH BASEBALL TOURNAMENT Jim Stark, organizer for this event, was present and explained to the Council that Mound is the host this year for the State Babe Ruth Baseball Tournament July 30th thru August 7th, 1982. He. is contacting, all the necessary support units and the City is one. He may be calling on certain departments of the City to ask for something and just wanted the City Council to know this, Ulrlck moved and Swenson seconded the following resolution. RESOLUTION #82-207 RESOLUTION ENDORSING THE 1982 STATE BABE RUTH BASEBALL TOURNAMENT IN MOUND AND OFFER!NG THE SUPPORT OF THE CITY AND ITS'STAFF The vote was unanimously in favor, Motion carried. 148 July 20, 1982 PROVIDING SERVICES TO SHOREWOOD T.he City Manager explained that Shorewood has asked about the possibility of it contracting with the City of Mound for needed, services on Enchanted and Shady Islands. They have asked for an estimated price to provide the following: 1. Police Service 2. Lift Station Checks 3. Yearly Snow Removal --- The City Manager has checked with our Police Dept., Street Dept. and Sewer and Water Dept. and they have submitted written reports and cost estimates which the Council has. There was.discussion by the Council on the following: 1. If providing.this service would be a cost to the taxpayers of Mound. 2. If Mound residents Would receive a reduction in services because of a Shorewood contract. 3. If the quality of services would be reduced to Mound residents because of a contract with Shorewood. 4. If a contract such as this would provide enough money to justify the manpower. The City Manager recommended only considering a Police contract because the other departments .are severely understaffed and he felt Mound residents would suffer in those areas. Police Chief Wold did not recommend we provide.police service to Shorewood but felt that Mound is answering most of their calls under the Mutual Aid Agreement and at least by charging something Mound could cover some of the costs. Ulrick moved and Charon seconded a motion directing the City Manager to prepare an ioutline proposal to cover Police protection only to Shorewood and report back to the Council before agreeing to anything. The vote was unanimously in favor. Motion carried. ... C.S.A.H. 125 - STATUS REPORT The City Manager reported that the latest from Spring Park on CSAH 125 is that they will agree to accepting CSAH 125 from the County if Mound will perform all maintenance, including but not limited to, sanding, snow plowing, sweeping, etc., at no cost to the City of Spring Park. The Mayor reported that he has attended the Spring Park Council Meeting last night and told them that Mound would not even consider their proposal. He stated that Spring 'Park will reconsider their proposal at their next meeting. The Council decided to wait and see what Spring Park comes up with at the next meeting. No action taken. SURFSIDE LIQUOR LICENSE The Mayor asked, with the Council's permission, to depart from the Agenda and bring up the Surfside Liquor License since Mr. Essig and his attorney Jim Dickinson were present and have presented a Stipulation and Agreement for~a 1 time, 1 year renewal of the license. There was discussion between the Council and the City Attorney. Each Councilmember gave their position on the Surfside Liquor License. 1~9 July 20, 1982 Mr. Dickinson and Mr. Essig gave their ideas on the new proposal. Swenson moved the following resolution. RESOLUTION #82-208 RESOLUTION TO ISSUE A ONE TIME, ONE YEAR RENEWAL OF THE SURFSIDE LIQUOR LICENSE Thc motion died for lack of a second. Mr. Essig then asked if he could apply for a~er, Wine and Set-Up License. The City Attorney'said no for the Beer and Wine License because the same Statute and Ordinance applied as did for the Liquor L)cense. He stated that he wasn't sure about the Set-Up License but thOught'tHat the part of the Ordinance-that applied to Set-ups also had the same conditions as the Liquor License. : ADDITIONAL DEPOSITORY The City Manager explained that the Mound State Bank does nOt give the City credit for checks deposited for 2 days and this causes the City to have negative balances during the month. They then charge the City.a service charge for the negative balance. These service charges for June exceed $80~.00 and the City cannot affOrd this expense. The Finance. Director has checked with other banks in the area and First National of Navarre will give us credit for any check's drawn on major Mpls. banks the same day thus eliminating an .expensive service charge. We would still us the State Bank of Mound and woUld just add Navarre as an additional depository. The City will also investigate the use of Minnesota Federal Savings & Loan for checking purposes. Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-208 RESOLUTION DESIGNATING ADDITIONAL OFFICIAL DEPOSITORY FOR THE YEAR 1982 Roll call vote was 4 in favor With Councilmember-Polstoa voting nay. carried. Motion COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments o.r suggestions from the citizens present. Stan Drahos .voiced his approval of the' City Council decisions and stated more citizens should support the Council. ~~ ~' FINANCIAL STATEMENT - 1981 The City Manager summarized the 1981 Financial Statement for the Council. Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-209 RESOLUTION ACCEPTING AND APPROVING THE 1981 FINANCIAL STATEMENT AS SUBMITTED The vote was unanimously in favor. Motion carried. 150 July 20, 1982 WORKERS COMPENSATION ANALYSIS - BILL HUSBANDS Bill Husbands. was present and.went over his Workers Compensation Anaylsis with the Council. He specifically covered the experience modifier and the Executive Summary which had 13 recommendations. He suggested that the City could save around $19,500 throught working on correcting situatlens related to the experience modifier. In order to save costs in the future and recover costs from the past, he-is proposing a yearly contract, with the City'paying $4800.00 per year for his services. The City Manager recommended approval of this contract stating that Mr. Husbands will also be a valuable resource on future bidding of insurance coverage, getting our base rate down and insituting policies to keep the base rate down. Polston moved and Ulrick seconded the following resolution. RESOLUTION 82-210 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BILL HUSBANDS AS RISK MANAGEMENT CONSULTANT FOR 1 YEAR AT ~4800 PER YEAR ($400.00 PER MONTH) The vote was .unanimousl.y in favor. Motion carried. DOWNTOWN DEVELOPMENT AGREEMENT - DAVID HOZZA Some time ago the Council authorized the City Manager to look into getting help in gaining a handle on the City's role in the Downtown Redevelopment Program. The City Manager has contacted Mr. David Hozza, who has submitted a letter outlining the services he would provide. They would include getting the appropriate legal, financial and governmental mechanisms in place, organizing the.business community to be able to participate as partners in the process, and. providing the appropriate structure, mechanisms and safe- guards for all parties concerned. The City Manager explained that Mr. Hozza charges an hourly rate plus expenses and he would recommend using Mr. Hozza as the City's consultant. Polston moved and Swenson seconded the following resolutiono RESOLUTION 82-21l RESOLUTION APPROVING THE HIRING OF DAVID HOZZA AS A CONSULTANT FOR DOWNTOWN.REDEVELOPMENT PAYING AN AMOUNT NOT TO EXCEED $2,000. BEFORE THE END OF 1982 The vote was unanimously in favor. Motion carried. LAGOON PARK LAND TRANSFER The City Manager explained that Ned Podany the property owner abutting Lagoon Park wants some of t~e park land to build another garage on and the City would like some of Mr. Podany's land as an access to Lagoon Park which at this point is land and water locked. In the City Attorney's opinion, the City has nothing to trade because lands which are held 'or used for park purposes are subject to a public trust which could only be terminated by court action. Lagoon Park was dedicated to a specific use and the question. is, does the City have standing to convey title to a portion of this land. 151 .July 20, 1982 · The City Attorney feels it cannot make a conveyance of this property because it was dedicated for park use and if the City tried to convey this would result in Podany's inability to sell or transfer that land when he sold his house. He reminded t'he Council that the Courts are very protective'of publ. ic parks. His recommendation would-be'for the Staff to study the Lagoon Park site and come with ways to expand .the Park and make it usuable. No action was taken. LOT 4 & PART OF LOT 5, BLOCK 36, WYCHWOOD - J~MES H. PETERSON The City Manager reported: tha~ after the Cou'ncil denied a lot area variance to Mr. Peterson .last week, he reeived a letter frOm Mr. Peterson offering the parcel to.the City for a purchase price of $5,000. Since the neighbors have expressed a desire to purchase this property to add to the.ir lots, the City Manager is recommending that the City work asa agent for that purpose. He'stated he will contact, the abutting property owners about the purchase. No action.was taken. LOT. 32, BLOCK 1, ARDEN --BRUCE HEUSZEL The City Manager explained that these are the people who.own Lots 1 and 2, Block 1, Arden, and had come before the Council for a lot area variance of 2,000 square feet. The City in trying to help these people conform offered to sell them ½. of Lot 32, Block 1,.Arden. They have paid for the lot and'the City gave them a Quit Claim Deed to record. They took it to' the County and the County will not record because it says the City had no authority to sell the lot because somehow last Fall the lot was reconveyed back to the State.' The other half of the lot has also been .sold to someone else so it appears we will Have the same problem there. The City Attorney · advised that in order to get the State to Deed the property back to the City a Preceeding Subsequent will have to be undertaken. The City Manager recommended that the City'pay for the legal costs involved in the Preceedlng Subsequent since it was responsible for conveying the property · .-back to.the State. Polston mOved and Ulrick seconded a motion to direct the City Staff to reacquire Lot 32, Block 1, Arden and authorize the Staff to commence the legal proceedings to clear up the title so the Deeds, which the City would give, can be recorded. The vote was unanimously in favor. Motion carried. The City. Attorney advised that a variance would have to be given to the Heuszels so they can close on their house at the end of JUly.,i Polston moved and Ulric'k seconded the following resolution. RESOLUTION #82-213 RESOLUTION GRANTING A VARIANCE IN LOT AREA ON LOTS 1 & 2, BLOCK l, ARDEN BECAUSE THE OWNERS HAVE ACQUIRED THE ADDITIONAL LAND AND THE CITY, WHICH IS THE CONVEYOR OF THAT LAND, HAS TO CLEAR IT UP BEOFRE IT CAN BE RECORDED The vote was unanimously in favor. Motion carried. 152 July 20, 1~82 PRISCIELA ANDERSON SPECIAL ASSESSMENT SUIT The City Attorney presented a resolution for the Council to act on that would settle the special assessment appeal of Priscilla Anderson. Swenson moved and Ulrick.seconded the following resolution. 'RESOLUTION #82-214 RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SETTLE A SPECIAL ASSESSMENT APPEAL ON LOTS 17 THROUGH.21, BLOCK I, HIGHLANDS, AND PART OF- LOT 59, AUDITOR'S SUBDIVISION NO. 168 The vote was 4 in favor with Mayor Lindlan voting nay. Motion carried. DESIGN GUIDE FOR DOWNTOWN.MOUND .. The. City Manager went over the Design Guide for Downtown Mound with the Council. He then gave a. number of. ways for the City to help the downtown businessmen finance some.of these ideas. BURLINGTON NORTHERN RAILROAD The Mayor gave a brief report on the meeting he attended in Hutchinson regarding the possible abandonment of the railroad line to. Mound and beyond Mound. Ulrick moved and Polston seconded a motion to. adjourn. The vote was unanimously in favor. Motion carried. Time - ll:15~P.M. Jon Elam, City Manager Fran Clark, City Clerk- Account # 33-439-2431-61 33-439-4724-21 33-439-4919-10 33-442-4541-41 33-463-4626-91 33-463-4660-81 33-463-4728-31 33 472-4555-11 42-343-2650-41 33-475-4515-81 33-484-3134-10 33-484-4700-81 33-484-5006-91 33-507-4524-01 33-530-3137-41 33-545-4855-81 33-548-3107-91 33-551-3086-91 33-551-3087-71 33-554-3065-71 33-563-2954-41 33-569-4882-21 33-572-4872-71 33-578-2871-81 33-587-3045-91 33-587-3068-11 33-593-5206-31 33-596-4618-31 33-599-4747-41 33-599-4781-31 33-62014828-61 33-620-4936-71 33-626-3207-11 33-650-4766-51 33-650-4774-91 Delinquent James Lassek Curt Willemson Bruce Johnson James Christianson Jill Krueger Keith Wilson Richard Hanson R. Christopherson Butch Essig~',, Dean Sulander Mark Webster R. Hillyer Roy 0 Donnell L. Lindblom Amber Campbell Bob Ventura John Leu C.C. Simonson R. Robert Smestad Valerie Peterson: Dale Bosma Craig Wolfe Joan Conkey Gary Brynteson Tuxedo Junction Kevin 0 Neil Robert Hentig Robert Briggs Sandra Andrews Douglas Nelson Gerald Wozniak Roy 0 Donne11 Tom Madonna L. Freeburg New balane due Utility 7-22-82 Bills Amount $119.24 55.57 69.10 84.21 80.32 80.96' 68.98 216.67 409.89 131.71 103.20 176.39 Pd. $25.00 Balance $94.24 4724 Wilshire Blvd. 4919 Wilshire Blvd, 4541Denbigh Rd. Pd. $10.OO Balance $70.32 4660' Bedford Rd. 4728 Bedford Rd. Made arrangements 2650 Commerce Blvd. 4515 Manchester Rd. Paid $25.00. Balance $78.20 Adjustment pending 53.58 94.59 102.86 50.40 54.84 149.94 105.18 52.54 57.44 131.57 74.68 52.90 103.88 53.04 74.44 121.24 50.40 81.10 65.00 67.03 112.92 83.39 168.54 3207 Charles Ln. Made Arrangements 3137 Donald Dr Paid In 'full 3107 Argyle 3086 Alexander LN. Paid in full 3065 Dundee Ln. 2954 Devon Ln. Made arrangements 4872 Monmouth 2871 Marlboro Ln. Paid in full 3068 Brighton Blvd. 5206 Drummond Rd. Paid $75.00 Balance $46.24 3068 Brighton Blvd. Paid $40.00 Balance $41.10 4828 Island View Dr. Paid in full 3207 Charles Ln. Made arrangements Made arrangements $3557.74 $3056.25 Account # ~-2431-61 33-439-4724-21 33-439-4919-10 33-442-4541-41 33-463-4626-91 33-463-4660-81 33-463-4728-31 33 472-4555-11 42-343-2650-41 33-475-4515-81~ 33-484-3134-10 33-484-4700-81 33-484-5006-91 33-507-4524-01 33-530-3137-41 33-545-4855-81 33-548-3107-91 33-551-3086-91 33-551-3087-71 33-554-3065-71 33-563-2954-41 33-569-4882-21 33-572-4872-71 33-578-2871-81 33-587-3045-91 33-587-3068-11 33-593-5206-31 33-596-4618-31 33-599-4747-41 33-599-4781-31 33-620-4828-61 33-620-4936-71 33-626-3207-11 33-650-4766-51 33-650-4774-91 Delinquent Utility Bills Amount $119.24 55.57 69.i0 84.21 80.32 80.96 68.98 216.67 409.89 131.71 103.20 176.39 53.58 94.59 102.86 50.40 54.84 149.94 105.18 52.54 57.44 131.57 74.68 52.90 103.88 53.04 74.44 121.24 50.40 81.10 65.00 67.03 112.92 83.39 168.54 $3557.74 7-22-82 ..' I I I I t i July 12, 1982 Planning Commis- sion Me~ing 'l CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Application No. Fee Paid /mo. Date Filed 6-16-82 1.- Street Address of Property 5559 Shoreline Boulevard, Mound, Minnesota 2. Legal DesCription of Property: Lot Part of lot ? ~nd 3 Block Addition Auditor's Subdivision 170 PID No. 13-117-24 ~ OOO5 Owner's Name Address Bo Shun Moy 5555 Shoreline Boulevard Day Phone No. 472-5792 Applicant (if other than owner) Name Rodney W. Storrusten Address 5224 Waterbury Road, Mound, MN. Day Phone No. 786-4284 5. Type of Request: o () Variance (~)' Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. *If other, specify: ( ) Amendment ( ~ Sign Permit ( )*Other Present Zoning District Existing Use(s) of Property B-1 Was restaurant Nas an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? if so, list date(s) of Iisi date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and .accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of i.~-spe~ing, or of Postings, maintaining and removing such notices as may be requi~w~. ~ / ///~-~ ~ Signature of Appl ican/t/~/~ ~///~./ /..~~./~.//~-'/(~~ Date ~i~-R~ P 1 ann ing Comm i s s i o~ecomm~~n: Date 1 Action: Resolution No. Date Procedure for Conditional Use Permit (2) Case # 82-125 D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction. F. Any additional information as may reasonably be required by the City Staff f'¢'" and applicable Sections of the Zoning Ordinance. Ill Request for a Conditional Use A. All information requested below, a site plan as described in Part II, and a-development schedule providing reasonable'guarantees for the completion of the construction must be provided'before a hearing will be scheduled. B. Type of development for which a. Conditional Use Permit is requested: 1. Conditional Use (SpecifY): Video Game, Snack lunch cafeteria, Future Video Theater e Current Zoning and Designation in the future Land Use Plan for Mound C. Development Schedule: 1. A development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. 2. Estimate of. cost of. the project: $ D. Density (for residential developments only): 1. Number of structures: 2. Dwelling Units Per Structure: a. Number of type: Efficienc~ 2 Bedroom 3. Lot area per dwelling unit: I Bedroom 3 Bedroom 4. Total lot area: IV. Effects of the Proposed Use me List impacts the proposed use wil.1 have on property in the vicinity, in- cluding, but not limited to traffic, noise, light, smoke/odor, parking, and, describe the steps taken to mitigate or 'eliminate the impacts. I. Parki.ng across street and rear of building. 2. No smoki.ng in Game Room 3. No food in Game Room 4. No drink in Game Room 5. Smoking - food - drink in Snack area only 6. No drugs, liquor, etc. 7. Total Mgr. on Duty at all times to insure safe conditions, etc. 8. Cleaned daily and patrolled. Case No. 82-125 PROPOSED REMODELING 1. New carpet 2. Painting 3. Raise Floor 4. New ceiling (Snack area) 5. New fixtures 6. New Electrical - to meet Standards 7. Heating - Vent - Air Condition (Cleaned or replaced) 8. Video theater to be installed at later date - 600 sqo ft. 9. Sheetrock 10. Disconnect plumbing in kitchen area. 11. Video theater with exit doors to meet Standards 12. S|gn will be present Branty's sign - repainted. 13. Bike rack to be installed. Rod Storrusten Space Odyssey To the City Council of Mound City Planning and Zoning Commission Mound, Minnesota I would like to reaffirm ~y companys commitment to the council~ as brought forward at the meeting on June 28th, 1982. We at Space Odyssey Inc. will preform as' mentioned at the meeting to comply with the City of. Mound and it's laws and regulations,. We propose to remodel Branty's Restaraunt to secure a full Viewing area of the video game area and snack area. There will be between 30- ~0 video games and 5-10 snack vending machines within the entertainment..' area-also we will be placing a music device in the snack ~'area. ~ We will be posting signs relating, to the rules and regulations within and outside of the entertainme~ facili.ty. ~ .There wi~ll also be our managing staff to in~ure totalmo~toring o~ premises ~his includes the inside and out. side of the building. lighting in and around p~emises to insure safety and dis. p..~em~nt of .' undesireable groups or individuals that may cause harm to other property· or persons within the area. 'Ou~ m~nagers are trained to detect ~rug and Alcohol usage and~'will ~ot .tolerate such use or selling in or around our entertainment faciIity, There is no drinking of any beverages or eating of food in the video game area, this will be posted. There will be no petting or usage ~'Sf.~oul language ~owed, this' is cause for immediate expulsion of the customer. We also intend to place a Mini-Vide~ Theater in the l~wer portion'~ of .the prem. ises, this will be in conjunction with licenses and approval.'- of council members. T he theat'er will be an attraction for our customers and: we expect to receive business from this area. This will also provide' a fo~m of ,entertainment for the adults wh~ are accompaning' small children. It will s_~so provide entertainment for our Senior Citizens, . This service will also be .monitored to insure safe and entertaining conditions. Our intention is to accept donations from customers within the Video Theater,. these monies will be given to local groups or individual parties for projects or~°~u~,d raisers that may be needed. We are a total family company and intend to direct ourselv'es toward this commitment. T, he hi~tory of our company includes eight years experience in the entertamnment fmeld. Mr. Marshal Samorel is the President and owner. We have '~ntertainment. facilities in Florida. These locations are in Palm Springs~ Mall, Hialeab, Florida, Oakland Mall, ~00! West Oakland Park Blvd., Oakland, Florida, The Pizza Odyssey in Pompano Beach, Florida, also The Space Odyssey in Northt...o~ Shopping Mall, Blaine, Minn. Mr. Samorels expertise in business and conducting a high degree of business ethics and practices insure total management efficiency at~ all locations that are operate and maintained by our staff. We would also insure to the council that should we have a problem in any area in or outside our proposed location we will close until such conditions are eliminated. We therefore are requesting hours of operation between the hours of 10 AM and 10 PM as this is normal in other locations, this request is based on the fact that business persons, shoppers, holidays~ teachers workshops, etc., are Just cause to operate during this periodof time. We are requesting that these he~Lrs be regular throughout the week except for Sundays and holidays that are of Religious Nature. We propose to operate starting at 12 PM till SPN on Sundays and those special days. We are aware that children may delay or avoid school to enter our entertainment facility, thus each student or person that is not in school will be checked and proper identification will be requested. Children under age on school days must be accompanied by an adult when coming into facility oN they will not be allowed on premises. In conclusion we feel that our entertainment facility will enjoyable and pleasurable experience for persons of all-ages and we · invite all council members and concerned parties to view our locatioh in The Northtown Mall, Blaine, Minn. Mr. Rodney W. Storrusten is our OperationS-Manager for our' Minnesota locations and his Staff are as follows: Mr. Storrusten is $8 yrs. old, born 2-21-~4 and resides at $224 Waterbury Rd., Mound, Minn. Phone 612-472-3783. Mr. Storrusten manages and operates our facilities in Minnesota, making sure that our operations are run according to all rules and regulations necessary to maintain a full family atmosphere. Mr. Don Bauer-Assistant ~Manager. Mr. Bauer i~' 22 yrs. old, born 2-6-60 and resides in Anoka, Minn. Phone 612-427-0742. Mr. Bauer operates No~thtowns Space Odyssey during the week for Mr. Storrusten from 2 PM- 9 PM.. Mr. Dave Shafner-Engineer Operations. Mr, Shafner is 30 yrs. old, born 3-15-$2 and resides in Blaine, Minn. Mr. Shafner maintains all equipment for Mr. Storrusten and insures safe operation, along with supervisiQn of equipment, its handling, electrical. Mr. Shafner is also with Univac Corporation within their R~$search and Development Dept. APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VIL'LAGE OF MOUND FEE OWNER PLAT PARCEL Location and complete legal description of propert~ to be divided: To be divided as follows: // (attaah survey or scale drawing showing adjacent streets, dimension of Drooosed Case No. 82~129 Preliminar~ SuBdivision/Lot Split, 21~ Cardinal'Lane Lots 1,2,~ S ~, Block 8, Abraham Lincoln Addn. to Lakeside Park Nr. ~illard Botko was present. Hr. Botko explained that he owns Lots 1 through 4; his house is built on Lots 3 and ~. He would like to move the legal boundary of Lot 2 ahd add 10 feet to Lot 3; thereby retaining 95 feet for the homestead and selling 75 feet. Inspector explained that depth of lot from right away required'is 80 feet. ~ith proposed lot split, Lot I and portion of Lot 2 would have a depth of 75 feet from Ashland Lane and therefore be nonconforming; the amouht of square · footage would be conforming. Discussed which is street front - Pike or Ash- land. Botko was agreeable to taking only 5 feet of Lot 2. Stannard moved and O'Donnell e~e,,J a motion to recommend approval of the · ' subdivision dividing Lot I a}~of Lot 2 away from the other part of /~-Lot 2 and Lots 3 and 4; making parcels a minimum depth of 80 feet. The ~ vote was unanimously in favor. Case No. 82-129 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of July 12, 1982: Board of Appeals Case No. 82-129 2149 Cardinal Lane Lots 1, 2, 3 & 4, Block 8, Abraham Addition to Lakeside Park Request: Preliminary Subdivision Lot-Split Zoning District: R-1 Applicant: Botko, Willard J. & Beverly A. 2149 Cardinal Lane, Mound Phone: 472-3553 The applicant is requesting that lO feet of Lot 2 be added to Lot 3, thereby creating two parcels in excess of lO,OO0 square feet. The lots would meet all ordinance requirements for lot size, width, public right- of-way access, etc., but the lot depth of Lot 1 and part of Lot 2 would be 75 feet instead of 80 feet. Ten foot side yards will be required and the front yard is facing the Ashland and Cardinal right-of-ways. The present structure on Lot 3 and 4 does not comply with the front yard setback of 30 feet. The submitted sur- vey s~hows a 1.8 foot front yard setback. The rear yard of 15 feet will be met, if 10 feet of Lot 2 is retained by the present parcel. The 50 foot lakeshore setback is exceeded by the present structure. Utilities to the present struc- ture, I believe, are from Cardinal Lane. The alley marked "Pike Road" is a secondary access and does not meet the public right-of-way minimum access width, thereby it does not establish the setback for the front yard of the two sites. (See definition for Alley.) Recommend: I would recommend the following: !. Submit a new survey with required legal descriptions, resetting of property monuments, and lot sizes in square footage. 2. The location of the utilities servicing the existing structure and topography of the site be placed on the survey. 3. Any additional unit charges be assessed against the newly created site. 4. The present structure be placed on the survey; I believe the 1.8 foot front setback is in error. I believe the setback is approximately 8.0 feet ±. (See Res. 69-162) 5. Signatures by all the owners of the property be submitted. 6. Failure on the part of the petitioner to submit a final plat of the lot-split per Section 22.13 within one year from the date of this approval shall deem the preliminary approval null and void, unless a written extension is applied for and approved. Jan Bertrand Building Official JB/ms 69-162 8-12-69 RESOLUTION NO. 69-162 RESOLUTION GRANT'ING VARIANCE ON SIDEYARD SET-BACK · (2149 Cardinal Lane, Willard Botko) WH~I~EAS, Willard B°tko has requested a 'side-yard·variance in adding an addition~to the existing .house on Lots 3 & 4, Block 8, Abraham Lincoln Addition to Lakeside Park, and the Planning Commission has recommended that due to terrain and' multiple frontage on this lot that variance be granted~p~oviding that no portion of.the structure be closer than eight feet ~rom the east lot line,. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE' COUNCIL OF MOUND,' MOUND, MINNESOTA: That a variance be permitted to allow an addition to the existing house providing that 'no .portion of the structure be closer than eight feet..'from~ the east lot line and that all other requirements be met. ·-.:~:,. ...:." ~. Adopted by the Council 'this 12th day of August, 1969. t ARLEIGH C. SMITH Rcgi.,tcred t'rofcssi,,nal Engin,'cr an,t LanJ 2030 East XVa)'zata ~ulcvard Wayzata. PLAT OF or PROPERTY OF__- ~ ltta.~d- ~gw-Be~.e---~.'t4¢ Lct~: l: Z~ 3~ 4~ described a~ follow< Scale: 1 tach-- w~ _,oct. ',/.{/ X ~ /.' JC ,,.~: /'- :'..', , .. -' ~..~ - . , / I O, ~./~ ~'e~,..~w~ . ' ' " ' / , ' - %~ .~.. . · .~-.~..,' ~ >:'* ':.,o'/l, .. ~,~ v~~~ _1 '/~: C~-. / ".. ','-<.-.",'~/.' ,/ ~. <.. . ,~ ~ . ,z'. ~ gr . .......'-.% . :~¢.<- .. I hereby ce~tif>' that cn .~ ~{~. i9 I "-. ~ ~'.t,,,g' ,,.,:.'y ~:,.' ,' d' ~ ~ t... ~7". on the ahoy{' described prof, crt) a*m that the loc-at{on ef ~n.d buildtng,~correctly ~h,,w,~ ontheabove plat. ' ' ' S I/2 SEC,. I$,T. 117, 19. 200 0 200 400 ~ stile feet ; /. (HARRI$oivs ...,..,,...... eAy) BLVD.~ ....... :_ NORTHERN ~, EDeN JROAO CITY OF HOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) 1. Street Address of Property 2. Legal Desc[iption of Property: Lot Addition 3. Owner's Name ~-~h~,~ 'T' Address ~l~ ~_~/~,,~.'-13~ ¢ 4. Applicant '(if other than owner): Name Address Application No. ~'~.-13m FeePaid Date Filed Block P,D No. ? - 2¥ Day Phone No. ~g./~/~ ~'~.~-/~ Day Phone No. 5.~l?ype of Request: Variance ( ) Conditional Use Permit Zoning Interpretation & Review Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify' · ,'~',~ Zo.,ng 7. Existing Use(s) of Property Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? ~ If so, list date(s) of list date(s) of application, action taken and provide'Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required papers or plans.'~o be submitted herewith are true and accurate. I consent to the entry in or upon the pr~m'ises described in this application by .any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notlces as may ~e_.~~~ law. Signature of Ap~,J,c_ant -<~~ ~ Date ~:~-~-~. Planning Commi. ssion Minutes July 12, 1982 - Page 2 3. Case No. 82-130 Variances - Side Yard, Lot Size, Building Size. etc. .' Lot 46, Whipple Shores - 3219 Gladstone Lane Ronald Cloud was present. Mr. Cloud explained that he purchased home on a trade-in; he wants, to replace the fence with a 2½ car garage with living space above. Stannard moved and O'Donnell seconded.a motion to recommend approval of.- the request with the stipulation that addition doesn't encroach any closer on rear yard property line than it presently does. The vote was unanimously in favor. Request for Zoning Variance Procedure (2) Case D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. Ill. Request for a Zoning Variance A. All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property conform to all use regulations for the zone district in which it is located? Yes ( ) No If "no", specify each non-conforming use: Do d~.- II~ / -,'- I ' C. the' existing structures comply' with all area~height~and bulk regulations for the zone district in which it is located? Yes~(::~;;~---No (~)~) If ,'no", specify each non-conforming use: chara~eri D.'Which unique physical stics of the subjec~property prevent its reasonable use for any of the uses .permitted in that zoning district? (~) .Too narrow ( ) Topography ( ) Soil ( ) Too small ( ) Drainage ( ) Sub-surface (~) Too shallow ( ) Shape ( ) 'Other: Specify: E. Was the hardship described above created by the action of anyone having property interests in the land after the Zoning Ordinance was adopted? Yes (~) No ( ) If yes, explain: ~ d~ ~-~ ~ ~s~ ~-~D F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes (~) No ( ) If yes, explain: '-r~ ~ u~ G. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (~) No ( ) If no, how many other properties are similarly affected? N. What is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? CITY OF MOUND Mound, Minnesota Case No. 82-130 Planning Commission Agenda of July 12, 1982: Board of Appeals Case No'. 82-130 3219 Gladstone Lane Lot 46, Whipple Shores Request: Side Yard Variances Zoning District: R-1 Applicant: Ronald Cloud 3219 Gladstone Lane, Mound Phone: 869-1414/472-1414 The applicant is requesting that a new 24 foot by 21.6 foot addition be placed alongside the existing non-conforming structure with a tuck-under garage below and living area above. Pursuant to Zoning District R-l, the lot width of 50 feet, the lot size of 6,904 square feet ±, the sideyards of 1.9 feet and 22.8 feet, and the building size of 622 square feet are non-conforming. I,~ The survey also shows an encroaching storage building onto the property adjoining the applicants. The required is a lot width of 60 feet and area of 10,O00 square feet, a sideyard of 6 feet and 30 feet abutting on intersecting street (front setback at both right- of-ways), front yard.(Gladstone Lane) of 30 feet; the floor area required is 840 square feet. Recommend: Since the structure was built, I believe the. yard grade has been altered. There is some evidence that the foundation is cracking, possibly due to inadequate frost protection. The addition would help alleviate the foundation problem. ~ The addition would also bring the floor area into conformance. To allow the addition at the same building setback will permit the same roof llne and the present windows will not be affected. If the addition is brought in from one lot llne, it will only make the other setback more non-conforming. When the property was subdivided from the origi- nal plat,tit created another difficult situation. The neighbors structure to the south is approximately 10 feet to the property line. Abutting neighbors have been notified. Jan Bertrand Building Official x! ' I ,/ CITY OF HOUND Appl ication No, ~;:~,- J~! $35.00 Fee Paid .7 -?- F'a-, APPLICATION TO PLANNING & ZONING COHHISSlON (Please type the following information) [' Street Address of Property h:~O~-.~._c~/6]-~c;~ //~/c~_C/z,/ ~L~ ~ 2. Legal Description of Property: tot.. ~ 3. Owner's Name ~1 ~- /"~J.~mS / e Date Filed Block PID No. Day Phone No. Applicant (if other than owner): Name Day Phone No. Address 5. Type of Request: (X) Variance ( ) ConditiOnal Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. '% ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify- . Present Zoning District Existing Use(s) of Property , / / Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? .... ~_~ If so, list date{s) of lis't'date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained in any required . papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be requir~/ by law. Signature of Applicant~t~-~ Date .Case No. 82-131 Front yard Variance - 3036 Island .View Drive Lot 49, Phelps Island Pa~k.lst Division · Earl Lindskoog was present.,: ; Applicant is requesting t'o' build an.18 foot 6 inch by 24 foot 4. inch attached garage within 8 feet of h'is street' front property line. ' Paulsen moved and O'Donnell seconded a motion to recommend approval of the street front variance. The vote was unanimously in favor. Note: This will not affect-the on street parking on Island View Drive. Request for Zoni.ng Variance Procedure (2) Case .ER_r_ZJ / D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. Ill. Request for a Zoning Variance A. All information below, a site plan, as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property conform to @~1 use regulations for the zone district in which it is located? Yes (?() No ( ) If "no", specify each non-conforming use: Do the existing structures comply with all area height, and bulk.regulations. for the zone district in which it is.located? Yes (~t~-) No ( ) If "no", specify each non-conforming use: D. 'Which unique physical characteristics of the subject property prevent its reasonable use for any of ~he uses.permitted in that zoning district? ( ) .Too narrow (~x) Topography ( ) Soil ( ) Too small ( ) Drainage. ( ) Sub-surface ( ) Too shallow ( ) Shape (~) 'Other: Specify: E. Was the hardship described above created by the action of anyone having property interests in the land after the Zoning Ordinance was adopted? Yes ( ) No (~)~) If yes, explain: / F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes (¥x) No ( ) If yes, explain: G. Are the~onditions of hardship for whlch you request a v~iance peculiar only to the property described in this petition? Yes (~) No ( ) If no, how many other properties are similarly affected?~ H. What is the "minimum" modification-(variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) I. Will granting of the variance be ma~crially detrimental to property in the same zone, or to the enforcement of this ordinance? Case No. 82-131 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of July 12, 1982 Board of Appeals Case No~ 82-131 3036 Island View Drive Lot 49, Phelps Island Park 1st Division Request: Front Yard Variance Zoning District: R-2 Applicant: Earl R. Lindskoog 3036 Island View Drive Phone: 472-2782 The applicant is requesting to build an 18 foot 6 inch by 24 foot 4 inch attached garage within 8 feet of his front (street side) property line on a lakeshore lot. Pursuant to the R-2 Zoning District, a front yard setback for the principal structure, which includes an attached garage, is 20 feet. The existing structure, lot and setbacks are conforming. The owner has placed a retaining wall across a 20 foot utility easement of which the easement runs parallel with the south property line. ~ Recommend: I recommend approval of the request due to the extreme topography change toward the lake, the utility easement on the south limiting any garage placement. The attached garage would have the same set- back as a detached garage with the doors parallel to the street. The abutting neighbors have been notified. Jan Bertrand Building Official JB/ms 5 4 3 ® 3 R 0 K E RADNOR MOUND DOWNTOWN COMMERCIAL BUILDING REHAB LOAN PROGRAM: DRAFT #3 The purpose of this program is to provide financing at attractive interest rates to stimulate the rahabilitation of commercial buildings in downtown. Mound in response to the new improvement plan. During Year VIII'of the Mound Community Development Block Grant (began July 1st, 1982) the CitY budgeted $40,000 for interest subsidies on rehab loans for commercial buildings. This procedure is viewed as one of the most effective ways of both leveraging the available funds, and making the largest amount of money available as quickly as possible. An additional sum of. $5,000 is available during Year VIII of the Block'Grant program to help underwrite design costs incurred during the development of plans for rehabilitation work. Finally, some administrative funds will be made available to assist in the preparation, review and administration of loans, and loan applications. Design Services Grants The city will make available $5,000in Community Development Block Grant monies to provide design assistance to those planning improvements to a downtown commercial building. Interested persons should apply to the city for the money, and must meet all of the following requirements before receiving funding: 1. The applicant must match the grant on a dollar per dollar basis with private funds for the design work. 2. Grants are limited to $750 per applicant. 3. The grant monies may only be used for "design consultation" or "design sketches" services. These services may range from rough concept sketches, to architectual schematic and design development drawings that show materials, finishes and colors for a project. 4. All design work must be consistent with the provisions set forth in "The Design Guide For Downtown Mound". 5. The structure must be located in the downtown strategy area. 6. The structure must be a building in commercial or service use. A Commercial Rehab Loan Program The $40,000 in Block Grant funds will be used to pay a portion of the interest charged by banks on $100,000 in loan monies. These funds will be loaned by the State Bank of Mound followin§ their standard loan procedures and requirements; however, the loan applicants will first be require~ to submit a separ.ate preliminary loan application to a special Downtown Loan Qualification Committee. This committee will examine the applications received to determine if the proposed activities are consistent with the objectives of the downtown revitalization plan. In summary, the loans will be judged both on their financial merits and on the extent to which they are consistent With the objections and guidelines of the downtown revitalization plan. Terms of the Loan Discussions with the State Bank of Mound indicate the standard rehabilitation loan for a commercial structure has a five year term, and is available at a fixed interest rate near the current prime lending rate. The State Bank of Mound has agreed to set up an initial loan pool of $100,000 to initiate the program. However, other financial institutions may be approached by applicants to participate in the program. Applicants should ask their bank to contact the City of Mound for details. At this time, the prime rate is around 17 percent; given $40,000 of interest subsidy, the Block Grant funds could potentially reduce the interest rate by some 8 points, to an effective interest rate of about 9 percent on the loan. Example of Loan Subsidy in Operation * A standard loan of $10,000 - 5 years @ 17% Monthly Payment : $248.53 Total Interest Paid : $4,911.80 * Special Loan of $10,000 - 5 years @ 9% Monthly Pa~nent : $207.59 Total Interest Paid : $2,455.40 Community Development Block Grant Interest Subsidy to loan :' $2,456.40 Another issue concerns the maximum size of individual loans. Although this will be determined through the loan applicants ability to secure and repay the loan, a ceiling is established to insure several large borrowers do not monopolize the funding. The maximum amount of loan__~ermitted for each applicant w~ill be $20,000. Invitation for Applications and Eli§ibility Requirements The Downtown Loan Qualification Committee will make a public announcement to all downtown store owners and occupants that applications for assiste~ loans will be accepted fo[ a 60 day period. The loans will be considered on a first come, first serve basis. As the committee receives applications, it will review them in the order of their submission. Each application will be examined to determine it meets the basic terms set for the loans regarding size and matching funds, and that the loan meets the following basic eligibility requirements. Be Basic Eligibility Requirements for Participation in the Mound Downtown Commercial Rehab Loan Proqram A. General - a rehabilitation loan may be made only with respect to commercial or mixed residential-commercial use properties located within the Mound Downtown Strategy Area. Commercial property shall mean property· which is engaged in the sale of goods or services to the general public and is an income producing investment' Mixed-use property shall refer to property for which the ground level will 6e used, after rehabilitation, for commercial purposes, and no more than 50%0f the building will be used for residential and common space purposes. The applicant is responsible for securing all necessary approvals for the loan from conventional sources. Applicant Eligibility - the loan applicant must: 1. Own the property under Consideration or be the purchaser occupant of the property under a land sales contract or any similar agreement for the purchase of real property. 2. In order for a commercial lessee to be,considered for a loan, the lessee must first provide written permission from the owner of the structure. C. Property Eligibility - the property must: 1. Be located within the Mound Downtown Strategy Area. 2. Have all property taxes and municipal charges paid in full, and be in conformance with zoning and all other applicable city codes. D. Scope of Eligible Project Activities and Costs 1. General - a rehabilitation loan may be made only with respect to property in need of improvement in accordance with the activities outlined under Allowable Costs. 5 Allowable Costs - a rehabilitation loan may be made to underwrite the following costs: a. Improvements to the buildings exterior surfaces, including front, side and posterior outside walls, that will lead to the improvement in appearance of the downtown and esthetic enhancement consistent with adopted downtown plans and themes. b. Modifications and replacement of exterior signage consistent with adopted design guidelines for the downtown. c. Corrective measures and modifications to roofs, windgws, doorways and other exterior building components necessary to successfully conclude rehabilitation Of the building facade. d. Building permits, architectual fees and related costs as included in the project.description. Upon determination that the applicant meets all requirements, the Loan Qualification Committee will certify the application as acceptable, and recommend the applicant to submit a loan application to the State Bank of Mound or any other financial institution willing to participate in the program. Sealed bids will be received in triplicate, at the .office. of the'City Manager City oi' Flound, t~innesota until 10:00 o'cloc~ -.a.m. on the 27Ih_ day of _~ub~ 1952 and opened and read aloud. Said bids will be conside~$-~-~at _SxD.0_ o'clock p.m. on the 2_Z~ day of July 1952, for furnishing all labor, materials, tools, and equipment required to construct a new well, all as outlined and in strict accordance with the plans and specifications as prepared by E. A. Hic~ok and Associates, Inc., Hydrologists Engineers, 545 Indian Mound, Wayzata, ~tinnesota 55391. Plans and Specifications are on file with the City Manager, 5341 Maywood Road, Mound, Minnesota and E. A. Hickok and Associates, Inc. All proposals shall be made on forms to be supplied by the Engineer like those attached to, and made a part of, the Contract Documents and shall be addressed to: Mr. Jon Elam, City Manager 5341 Maywood Road Mound, Minnesota 55364 and endorsed: Bid for; Well No. ~ Copies of the plans and specifications may be obtained from the Engineer on deposit of the sum of $25.00 Dollars. Each proposal shall be accompanied by a certified checE, bid .bond or cash deposit made payable to the City of Mound, Minnesota in the amount of ten percent (10%) of the maximum bid, as a guarantee that the Bidder will enter into the proposed contract within the time specified. The successful bidder shall furnish a performance bond within ten (10) days after award of the contract in the full amount of the contract. The performance bond shall be executed by a company duly authorized to do business in the State of Minnesota. The bidder shall furnish a statement satisfactory to the Owner and Engineer that he is a qualified bidder, that he maintains a permanent place of business and that he has had experience in constructing and performing the wor~ as outlined in this Specification. The Owner reserves the right to reject any or all bids, waive minor irregularities if it appears to said Owner that such irregularities and errors were made through inadvertance. Nb-1 No bidder may withdraw ~lis bid ~'or at least thirty ()b) days after scheduled closing time for the receipt of the bids. Published by authority o£ the City oz' ~,~ound, ~,~innesota. City of i',lound, i,~innesota ity tqanager) NL-2 Eugene A P,~ckok and/,,ss,sc~ates, Inc Hydrolo~ists - Engineem 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 July 27, 1982 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Municipal Well No. 8 Dear'Jon: Enclosed herewith please find a copy of the Bid Tabulation relative to the above referenced project. The bids received at the 10:00 bid opening were as follows: Kaderlik Well Drilling Keys Well Drilling Co. E. H. Rennet and Sons, Inc. $54,117.25 51 ,440.00 36,896.00 The engineer's estimate for this project was $51,5OO.00. We have ~received the bid of E. H. Rennet and Sons, Inc. and found everything to be in order. .We are therefore, recommending to the City that the bid of $36,896.00 submitted by E. H. Rennet and Sons, Inc. be accepted. Upon your authorization we will prepare the necessary contract documents in preparation for the drilling of Municipal Well No. 8. Sincerely, EUGSNE A. HI CKOK AND George W. Boyer, P.E. Vice President ASSOCIATES bt Enclosures BID TABULATION WELL NO. 8 MOUND, MINNESOTA Jul 27 1 982 ' :- Kader'ii~- Keys E.H. Rennet BIDDER We~ ~0_~anyjWell Dri!.~i~ _~nd Sons 10% Bid Bond 10% Bid Bond 5% Bid Bond BID SECURITY Oct. 1982 Aug. 9, 1982 Aug. 16,1982 ~TART WORK June 1983 Nov. 1, 1982 Sep. 17,1982 COMPLETE WORK $17,519.75 $ 9,870.00 $13,050.00 BID A - TEST WELL BID B - PRODUCTION WELL- No Bid 41,570.00 32,660.00 CABLE TOOL BID C - PRODUCTION WELL- 36,597.50 No Bid 23,846.00 ROTARY TOTAL -"BID A & B -0- $51,440.00 $45,710.00 TOTAL - BID A & C $54,117.25 -0- $36,896.00 REMARKS: Hanover Building (612) 296-6159 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY PS-9007-03 APPLICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION & DISPLAY OF INTOXICATING LIQUOR (This Application Shall Be Typewritten and Submitted Before June 1st of each Year} In answering the following questions "APPLICANT" shall be governed as follows: For a Partnership, one of the partners shall execute this application for all members of the Partnership. For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. [:or a Club, one of the club officers shall execute this application for all the members. )f additional space is required, use a separate sheet of paper, indicating by number the question answered. 1.1, ',¥est0~a - 0rouo S~orts Center AsSe~ J~m ~ar~d~e V~e. for and in behalf of ~{~o~ - 0~0~o Cen~e~ Asso. Inc. hereby appIg for a ~ermit allowing consumption and displa~ of intoxicating liquor to 2121 Uo~er0e: Blvd, , MunicipaliW of ~o~fl Post Office of ~o~d Zip Code55364 , County of He~. Section) State of Minnesota, in accordance with th~ provisions of M.S. 340,119. Tel. No. {area co~e) ,2. Will bu~ness be operated as a private club or public place ~BI~c ~ce 3. State type of business Non.-Profit Sports Center 4. FOR A PUBLIC BUSINESS: If a partnership, state name and address of each membe[' of partnership; if a corporation, state name and address of officers and directors. (Name) {Name) Bob EnKlestad Jim Paradise Pres. 1st. Vice Pres. {Name) D~ck Larson Bill Duryea ~n~;' Vice Pres. Tres. 265 .Lindawood Lane Wayzata, Minn. (Addrau) 204 T,oring Drive l;~.ound~ ~,Iinn. (Address) 3126 Northview Road Wayzata (Add,...) 2705 Shadywood Rd. Exc. Ninn. 5. FOR A PRIVATE CLUB: Date club was organized 0 is club incorporated , number of members __ , length of time in present location __ , is club building owned or rented , what is the membership dues , what are the requirements for membership Does club maintain lockers to be used by members for storing intoxicating liquor __ . Names of ali officers and/or directors.of the club: (Name) (Addresl) (Name} (Address) (Name) (Addrell) (Name) · · . (Address) Enclose*vfith this application a copy of the Constitution and By-Laws of the club and current list of bona fide members. 6. If applicant or any partner, corporation officer or director, club officer or director, is not a citizen of the United States, list such non-citizens ~oTze 7. State name of person who will operate or manage business: Gerald Kohls Bus. 472-3257 2121 Commerce Blvd. ~,[ound. Name} (Address) 8. Ont~hat floor is the establishment located, or to be located Ground Floor 9. How are the premises classified under the.zoning ordinance Business Approved for Violations by: DO NOT USE Check Cash Inspection Section Rec'd. Rec'd. by Cashier 10. Stale namb ~liJ odU¢;ss of owner or owqers oi building wi~uie,-, [ile busil-~e~s ~,.l ;.. ~,'TR~.n~r~ - 0~'OTlO ,~..~n~t.~ O,e~e~- As~n- T~3e. 912'] P,,nrnmeree ]:~']vc~. T;q11TIP]; (N.m.) (^"~"") 55364 11. Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State Laws or local ordinances; if so, give date and details 12. Is applicant; if partnership, any partner; if corporation, any' officer or director; if club, any club officer or director, a member of the .governing body of 'the municipality or co.unty in which {his permit is to be issued; if so, in what capacity ]'TO. 13. Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, any interest whatsoever, directly or indirectly, in any liquor establishment in the State of Minnesota No o . Give name and address of such establishment 14. Furnish 'the name'and address of at least three business references, including one bank-reference: (Name) ~t~.te Bznk of Lgn~ Lake (Name) (Nmmm) l~. Will intoxicating liquor ~ sold on t~e premises l~. (a) 8tare whether appJicafion is: 1. Original ~ (bi For~er licensee's name 2339 Commerce Bivd. Mound, M~inn. Highway 12 Lon~ .Lake, ~,,!inn. (Address) ' :' 2240 Commerce Blvd. lF.,ound. Einn, (ASdre~$) Se~-Up ~icenso ;2. Renewal trade name., 3. Transfer 17. Are the premises now occupied, or to be occupied, entirely separate and exclusive from any other business establishment 18~State trade name to be used Westonka-0rono Sports Getter Asso'. 'Inc. 19. StatUe whether an "On-Sale" 'or' "Off-Sale" Non-lntoxi'cating Malt Beverage License has or will be granted in conj.unction to this business and for the same premises .NO, 20; Has.th~r'e been 'issued~' or will there be issued, a $54.00 Federal Re{ail Liquor Dealer's Special Tax Stamp for the sale of liquor on these premises No. 21. Has your local government an ordFnance regulating the consumption and disPlay of intoxicating liquor 22. If operating under zoning ordinance how is location of building Classified l~t~ille.~R I hereby certify that I hah read end und~rltlnd every question in thil application, arid that the anlwers mre true of my own knov~ed91. I further understand that the givios of fabe information in 'thil application, or the failure to give partlnent information ;on~titutls cause for the immediate revocation of this eermit. IT IS FURTHER UNDERSTOOD THAT ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE OF INTOXICATING LIQUOR. Enclosed b payment of $150.00 payable to the Liquor Control Director as provided by M.S. 1967, Section 3;t0.119. NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS HEREINAFTER PROVIDED: If applicant is located in the County, the Chairman of the Board of CounW Commissioners or his Representative shall approve both copies of the application. Subscribed and sworn to before me this__ day of , 19 If applicant is located in a Municipality, the President of the Council or his Representative shall approve both copies of this application. (Notary Public) My Commission expires (President of the Council or him Flel)rel~tetive) FEE: $10.00 - 3 Days + 2.00 Per Day for each additional day. APPLICATION FOR i r~. JUL -919~ CHARITABEE ORGANIZATION 3.2 BEER PERMIT L.I '~~ CITY OF F OU;' D 1. Nam~ of Organization ' 3- Name of Person Applying for' Permit '%~. ~ 4. organization Ti'tle' of Person Applying for Permit ~ 7. Does the Organization carry Liquor Liability Insurance 8. 'If answer to No. 7 is YES, please list: (a) Name of Insurance Company J~'-~--~/~ ~'~. ~/~_~ ~ , (b) Amount of Coverage ~ ~ '~ ..... -=9 -'If this application to sell 3.2 Beer is on property owned bY a public agency other than the City of Mound, written notice from the public agency giving permission for such sales must accompany this application. (a) Is ~uch written permission attached? ~...~/~ 10. If this application is ~ request to sell 3.2 Beer on City property, the City requires L, quor Liabili ty I'nsurance~O,O00. Da t e WESTONKA SCHOOL DISTRICT 277 $600 LYNWOOD BOULEVARD MOUND, MINNESOTA 55364 PHONE: 472-1600 July 13, 1982 SUPERINTENDENT Dale E. Fisher ASST. SUPT. BUDGET & PLANNING Donald Brandenburg ASST. SUPT. INSTRUCTION & PERSONNEL Erwin F. Stevenson ACCOUNTING Sandra Schmidt COMMUNICATIONS Ann Bergman COMMUNITY SERVICES Donald Ulrick FOOD SERVICES ' Florence Peterson SPECIAL SERVICES Larry Litman Mr. John Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Sir: At last evening's Organizational Meeting, the matter of the Sports Center Association's request for the issuance' of a liquor license was discussed and the following resolution was lofted and approved: "RESOLVED, THAT THE SCHOOL BOARD AUTHORIZE THE Chairman to inform the City of Mound that it does not object to the granting of a Special Use Permit for August 6, 1982, to accommodate the Hockey Association fund raiser of that date at the Ice Arena." There may be, however, certain laws in existence relative to distances from schools and churches which have not been researched by the Board. Please be advised that several board members indicated their desire to study the matter further before indicating a more permanent response regarding the matter. ~,~erely, Gary K. Mayer Chairman GKM/asb SUPERINTENDENT Dale E. Fisher ASST. SUPT. BUDGET & PLANNING Donald Brandenburg ASST. SUPT. INSTRUCTION & PERSONNEL Erwin F. Stevenson ACCOUNTING Sandra Schmidt COMMUNICATIONS Ann Bergman COMMUNITY SERVICES Donald Ulrick FOOD SERVICES Florence Peterson SPECIAL SERVICES Larry Litman WESTONKA SCHOOL DISTRICT 277 5600 LYNWOOD BOULEVARD MOUND, MINNESOTA 55364 PHONE: 472-1600 June 30, 1982 Mr. John Elam, City Manager 5341 Maywood Road Mound, MN 55364 Dear John: Today I visited with Jim Paradise who requested that I forward a letter to you expressing an attitude regarding the issuance of a liquor license to the Sports Center Association. My understanding is that the Association would sell liquor only a few times a year at fund raising events which would involve adults only. Further that they would restrict the sale and consumption to inside the arena. A school district attitude must properly come from the Board rather than administrators and, in the absence of the Acting Superintendent, I will attempt to get a discussion of the matter at the July 12th meeting. Several pertinent points are these: Although the district enjoys no ownership in the property, it does jointly, with the Orono District, lease the property during the off season. It is therefore school property during the off season. However, the lease contains a provision which permits the Association to use the building for fund raising events. One could rationalize that during the time of those events the property is not under lease. If you take this position then the district really has no control over what goes on in or on the property during those events. Even though there may be no legal power that the Board may exercise I appreciate that the Council is desirous of knowing how the Board feels about a liquor license simply as another factor to weigh in their deliberations over whether or not to issue one. -2- There are no public school children in the building anymore. However, there are day activity center and nursery school children in the building during the school year. Day activity children are present during the summertime. I don't know how the laws that pertain to dispensing alcoholic beverages within a certain distance of a school apply to day activity and nursery school activity. Since Community Services is a department of the school, do those activities constitute school activity to an extent that the distance laws might apply? 3. The following resolution was passed on May'20, 1980: WHEREAS, the philosophy of INDEPENDENT SCHOOL DISTRICT 277 has been to set policy to voluntarily comply with' all state, federal, and local laws, regulations, ordinances, and guidelines, and WHEREAS, the school distirct has already established its position regarding compliance with the laws prohibiting the use of intoxicating drugs on school property, and WHEREAS, the school district has already established its position on educating students about the use and abuse of intoxicating drugs, and supports employee and student assistance programs, BE IT THEREFORE RESOLVED that all school property be properly posted and all organizations using school property be properly notified that no intoxicating drugs will be permitted on school property and all laws will be .strictly enforced. This does, in effect, indicate the attitude of the Board at that time. e Two new members will join the Board on July 12 and Dr. Pellett is new since the date of the resolution. 'If the board is willing to forward some statement of position you will have it about mid- July. I understand the Association would like to obtain the license as soon as possible. DFB/bd Gary Mayer, Chairman Dr. Stevenson, Acting Supt. - Westonka Dr. Lennon, Supt. - Orono Bill Fenholt, Asst. to Supt. - Orono DR. GALE G. LENNON SUPERINTENDENT OF SCHOOLS (612) 473-7313 ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 INDEPENDENCE. LONG LAKE - MAPLE PLAIN- MEDINA. MINNETONKA BEACH - 0RON0 685 OLD CRYSTAL BAY ROAD LONG LAKE, MINNESOTA 55356 EXCELLENCE IN EDUCATION SINCE 1951 July 19, 1982 w. A. FENHOLT · ASS"T TO THE SUPERINTENDENT (612) 473-7313 Mr. John Elam, City Manager City of Mound 5342 Maywood Road Mound, MN 55364 Dear Mr. Elam: Mr. Brandenburg supplied our school board and administration with copies of his letter regarding the issuance of a liquor license to the Sports Center Association for fund raising events. He suggested that we contact you regarding the position of our board on the matter. The itemwas included on the July 12 Orono School Board agenda for discussion and no resolution was passed. The board realizes that it has no direct control over the issuance of such a license but they did. note that the primary purpose in corstructing the arena was to provide a needed facility for school-related activities for both Mound and Orono students. Because of this fact and, because our board has a firm policy against the sale of intoxicating beverages on school property, they are not in favor of granting a liquor license for use at that location. S incer ely, William A. Fenholt Ass't. to the Superintendent WAF:jm CC: Mr. D. F. Brandenburg DR. K. B. WINTER W. V. NELSON RONALD E. GILBERT SR. HIGH SCHOOL PRINCIPAL MIDDLE SCHOOL PRINCIPAL ELEMENTARY COORDINATOR 473-5472 473-7301 473-7317 C. WAYNE SMITH JAMES E. SEITER MRS. MARVEL A. BONGART/~/('~/ ASSOC. SR. HIGH SCHOOL PRINCIPAL ASSOC. MIDDLE SCHOOL PRINCIPAL MAPLE PLAIN ELEMENTARY PRINCIPAL -- 473-5472 473-7301 479-1977 HC 5002 ~1-81) HENNEPIN COUNTY BUREAU OF PUBLIC SERVICE 320 WASHINGTON AVENUE SOUTH HOPKINS, MINNESOTA 55343 INVOICE NO. 6803 BILLED TO: City of Mound 5341Maywood Road Mound, Minnesota, 55364 Attention Jon Elam DATE June 24 19 82 DATE DESCRIPTION City of Mound's participation in Agreement No. and Supplement No. 1. County Project 7002 and CSAH 110 Contractor: C. S. McCrossan, Inc. Final contract amount: N.A. PW 02-06-81 7921 on City's anticipated final share per attachment Remittance by Check, Money Order, or Draft Payable to: Hennepin County Director of Property Taxation Hennepin County Bureau of Public Service 320 Washington Avenue South Hopkins, Minnesota 55343 Attention: A. Walker AMOUNT $15,728.90 /~ (~.~ ORIGINAL DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 July 12 j 1982 Mr. Jon Elam, City Manager City of Mound 5341Maywood Road Mound, Minnesota, 55436 Dear Mr. Elam: Re: Agreement No. PW 02-06-81 Supplement No. 1 County Project 7002 and 7921 on CSAH 110 We have enclosed in reference to the above agreement and supplement: A copy of'partial estimate voucher No. 8 for the period ending June 28, 1982. A copy of the Division of Costs between the City and the County. 3. A copy of Supplemental Agreement'No. 1, 2 and 4. me Invoice No. 6803 in the amount of $15,728.90 for the City's anticipated final 10% cost share of contract construction, engineering and contract administration costs as per terms of the agreement. Our Right of Way Division is in the process of preparing a to-date listing of right of way expenditures. We understand that the City does not have an immediate need for the right of way costs but does have the need for the construction and engineering costs in order to have the applicable costs placed on the assessment roll for the coming tax year. We anticipate in- voicing for the City's partial share of right of way costs can be made within two (2) weeks. We shall furnish the City with a copy of the final estimate voucher upon execution by the contractor and the County. The cost share for which we have invoiced the City is conditioned upon acceptance of the final quantities HENNEPIN COUNTY an equal opportunity Rmploycr Mr. Jon Elam, City Manager July 12, 1982 by the contractor. We therefore reserve the right to make any necessary adjustments in the City's cost share. PleaSe feel free to contact Clayton Nolby, the ProjectEngineer, if any clarification or addit4onal information is desired. Very truly yours, Herbert O. KlOssner, P,E. Di rector JFB:mak Encl os ure SUMMARY ,Agreement No, PW 02-06-81 and Supplement No. 1 Attachment to Invoice No. 6803 dated June 24, 1982 County Project .7002, SAP 27-710-02 Construction Eng. Contract Admin., 20% of $61,384.38 $61,384.38 12,276.88 Supplement No. 1 Construction Contract Admin., 10% of $66,475.51 66,475.51 6,64,.7.55 Total County Project 7002 146,784.32 Less prev. Inv. #5727 dated 6/25/81 Less prev. Inv. #5762 dated 10/7/81 69,258.38 '~3~001.07 Final Amount due County Project 7002 $14,524.87 County Project 7921, SAP 27-710-04 Construction Eng.,Contract Admin.,20% of $54,255.36 and 10% of $379.00 Supplement No. 1 Construction Contract Admin.,lO% of $32,956.88 Total County Project 7921 Less prev. Inv. #5728 dated 6/25/81 Less prev. Inv. ~5763 dated 10/7/81 Final amount due County Project 7921 $54,634.36 10,888.97 32,956.88 '3,295,69 101,775.90 63,415.77 ~"37,156.10 $ 1,204.03 Final amount due per Agreement No. PW 02-06-81 and Supplement No. 1 for construction, engineering and contract administration $15,728.90 CITY of MOUND July 23, 1982 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO; CITY COUNCIL FROM: CITY MANAGER Enclosed is what will constitute the official Request for Proposals (RFP) to the City for Cable T.V. After a brief walk through of it at the meeting, we need to schedule a Community Public Hearing on the Mound approach to Cable. I would propose that Public Hearing~be set for August 17, 1982, at 7:30 P.M., and that be the only issue. From there, the RFP can be sent out to everyone who is hopefully interested. I think it's a fine program and we are moving ahead significantly faster than the rest of the Lake, which hasn't set-up their joint powers agreement yet. JE:fc enc. For the. City of Mound, Minnesota Prepared by: Thomas D. Creighton Stern, Levine, Schwartz, Lifson & Creighton, P.A. 5005 South Cedar Lake Road Minneapolis, ~q 55416 Telephone: (612) 377-8620 I. ~ION A. General Instructions The purpose of this Request for Proposals (RFP) is to seek qualified appli- cants ~to 'provide cable cc~nunic~, tion. service to the citizens of the City of Mound, Minnesota. This RFP contains information and instructions relating to the preparation and filing of proposals; conditions and provisions regarding the installation, operation and maintenance of the cable cc~munications systems; and' .the' procedure to be used in evaluating applicant proposals. B.. Principles Embodied in the RFP The following have been prominent among the principles guiding the develop- ment of the present RFP: 1. The city looks to the cable industry not merely for the variety of entertainment it can provide, but for the contributions 'it can make to a total cc~munications network that opens to the citizens and institutions of the area a maximum of opportunities for access to 'information, the sharing of messages, increased security, the saving of energy, and other such econcmic and social benefits made possible by advancing cc~nunications technology. The city believes that the cable industry's knowledge of the ser- vice potential of cc~m~i~ti~ technology, ccmbined with the pre- sent ccmpetitive franchising atmOSphere, makes the industry a more likely choice than the city itself for describing in detail how the cable oc~nunlcations goals of the city can best be fulfilled. -1- Thus, the city has spent its effort in articulating principles, and stating general and minimum reqUirements, relying on franchise applicants to spell out the specific means and the improvement on minimums that will bring about an optimal realization of the prin- ciples expressed by the city. The city believes that its cable system should not only employ current state-of-the-art technology, but should alSO be built-with a maximum of flexibility for taking advantage of new communications technology benefiting subscribers as such technology beccmes available in the future. It is expected that the operator of the system franchised by this procedure will incorporate ~]~ new ser- vices as such servicesbec°me tec]%nologically feasible should the city in its 'discretion determine it desires such services. The city seeks to provide the highest quality cable service uni- formly throughout its municipal boundaries at the earliest possible date. The city at its discretion, may make use of any other legal and practical means available through exisitng ordinances and the regulatory authority to acheive the 'goal of system-wide subscriber service at the earliest possible date. Evaluation Schedule And Approximate Timetable August, 1982 Public hearing of City Coucil to adopt RFP and preliminary franchise ordinance. August, 1982 Formal issurance of RFP (following city hearing). October 6, 1982 Deadline for receipt of proposers' formal requests for written -2- October, 1982 November 10, 1982 January, 1983 February 1983 February, 1983 March, 1983 March, 1983 clarification of proposals. City's response to formal requests for clarification. Proposals due. Consultant's preliminary report and questions to proposers Cc~panies' responses to Consultant and cityquestions to propose Final Consultant Report. Public hearing before city regarding proposals ("Dog 'and Pony Show~"). : City selects Ccmpany and authorizes Production of ordi- II. POLICT~ AND pR0cR~ A. Defraying of Franch'ise Expenses There will be no tax dollars spent on acquiring a cable franchise. Therefore, all franchising expenses incurred by the city sh~] l be passed on to the succesSful proposer. An itemized list of expenses will be suhnitted to the company on award of franchise. These expenses are to be paid in full at the time the franchise is signed by the ccmpany. Expenses incurred in the ar~lysis of the proposals will be recovered frcm the proposal fee of each proposer. On the date of the State certification of the franchise, another itemized list will be submitted to the successful proposer (Grantee) for expenses incurred by the city to negotiate conditions of the franchise. The Grantee must agree 'to pay all reasonable expenses incurred by' the City for monitoring construction of the system. Reimbursement for additional expenses will be made on a monthly basis. ' Reimbursement for incurred expenses will cease upon the payment of the first franchise fee. A filing fee of $5,000.00 in the form of a certified check payable to the City of Mound will acconpany each proposer's proposal. The purpose of the filing fee is to offset expenses incurred by the city in the analysis and eva- luation of proposals. -Refunds to individual proposers of the filing fee not used in the analysis and evaluation of specific proposals may be made to unsuc- cessful proposers at the option of the city. The unused portion of the filing fee frcm the successful proposer will not be refunded but will be deducted frcm the city's other franchising expenses. "~3' C. Public Hearings Every effort h~_m been made to conply with the rules and regulations of the Minnesota Cable Communications Board and to al low for public input into the franchising process, therefore, public hearings will occur on various dates throughout the process. ~ll proposers will be given reasonable notice of meetings and be given a reasonable opportunity to'be heard regarding their pro- pcsals. D. Franchise Tern The term of the franchise will be fifteen years, subject to renewal terms of the preliminary draft franchise. -4- E. Franchise Fee The Grantee shall agree to pay to the city an ann.~_m? fee of 5% of all gross revenues derived frcm the cable system as defined in the preliminary franchise. The annual fee may be subject to renegotiation at such time as federal or state authorities no longer regulate the amount of the fee. F. Rate Change Procedures The Grantee shall agree as a condition precedent to the contractual rela- tionship established by the franchise to rate change procedures as outlined in the preliminary franchise. Proposers are advised to review the information which will be required to be submitted in an application for a rate change, al! of which are included in the draft preliminary franchise ordinance. G. Applicable Rules and Regulations Grantee shall ccmply with ml I laws, statutes, rules and regulations and judicial interpretations thereof, of' the follc~,;ing: " United State of America ':~"""' Federal Cc~munications Ccmmission State of Minnesota Minnesota State Cable Communications Board County of Hennepin City of Mound · H. Year One Year one'begins on the date the ~CCB issues the certificate of confirmation. I, Filing of Proposal Fifteen (15) copies of each proposal sb~]] be sukmitted caption "Cable Communications Proposal" addressed to: (sealed) with the -5- Mr. Jonathan R. Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Telephone: (612) 472-1155 Propcsals must be notarized (may be filed in person or by registered mail) and Will be accepted at the Mound City Hall until 2:00 p.m. November 10,. 1982, at which time all proposals will be opened. Th erves the right in its sole discretion to eXtend the deadline to all proposers, if necessary. At the ~ime proposals are submitted, the $5,000.00 refundable filing fee shall be suhnitted by certified check payable to the J. 'Form of Proposal_ NOTE-. Al~roposals must be on the official forms' jointly provided herein by alf of its The proposal forms have been designed to furnish z]] the pertinent data that will be used by the city in"making its evaluation in accordance with the rules' of the Minnesota Cable Communications Board. Specific instructi°ns for each form are stated on the individual form. Space b~ been prOVided for specific and succinct answers to ~] 1 questions and requests for data. All proposers must use only the pages of the official proposal form (or identical extension pages if more roum is needed). Alternative proposal forms are neither desir~ will they be considered. Any attempt to merely use the official forms as an "index" to other voluninous documents may disqualify the proposal frcm con- sideration. The official forms have been designed to facilitate comparison of proposals. Evasive, imprecise or inccmplete responses can only serve to the -6- disadvantage of the proposer. Alternative proposals for services within a single application which, in effect, constitute a separate proposal will not be considered and may cause rejection of the entire proposal. (This does not pro- hibit the proposer frcm assigning channels to levels or tiers of service with differ'ing monthly subscriber rates). The~ city reserves the right to reject any and ~l~ proposals with no financial peD~lty or obligation on behalf of the city. K. Clarification of Proposal Documen~ . In the event that any proposer may have any doubts as to any terms, con- ditions, or provisions of these specifi, cations or the meaning or interpretation thereof, the proposer may request information or clarification thereon by sub- mitring such request in writing to: Mr' Thcmas D. Creighton, Consultant Stern, Levine, Schwartz, Lifson & Creighton, P.A. 5005 South Cedar Lake R~ad Minneapolis, MN 55416 Telephone: ' (612) 377-8620 Such requests for information must be sukmitted no later than October 6, 1982. A written response to such request will be made as soon as approved by the city and will be sent .to all known proposers who have been supplied RFP's. Only this type of official response shall be binding iupon the city. The proposer by Submitting its proposal in response to the Request for Proposals, shall have evidenced the fact that it agrees that it has no unanswered questions with resPeCt to these specifications and sb~l l have no basis for withdrawal or modification of its proposal on the basis of misunderstanding. -7- L. Amendment to Proposal Substantive amendments to proposals initiated by~ the proposer will not be considered except to acknc~ledge the involuntary changes, such as a change in ownership due to death. Hc~ever, the city hereby reserves the ~ight during the franchise nego.tiatic~ process with the successful applicant to request clarifi- cation of the proposal or to require the addition of substantive material which the city in its sole discretion determines bas been inadvertently c~itted frcm the proposal or is required in the franchise document for a more cc~plete understanding of the system of which the city is authorizing construction. C0rrection by proposers of inadvertent errors submitted priOr to the filing deadline will be considered. Correctio~ of. inadvertent errors submitted after the filing date may be considered at the discretion of the city and its con- sultant, if the proposer submits with its correction sufficient information to prove that the error was inadvertent, in the sole opinion of the city. AdditioDa! information or data may be requested by the City or its consultant if in their sole opinion this would aid in preparing a fair and accurate analysis. M. Uniform~ Data Requirement All proposals are to be based upon the same uniform basic data and maps supplied herein frcm the city. A reasonable attempt has' been made by the city to provide as. current data as 'possible. All pro forma statements are to be derived from this same basic data. ~l ! growth projections made by proposers, including the number of subscribers and number of dwelling units shall take into consideration the growth projections for the city provided herein. The methodology used by proposers to make the gr~th projections shall be specified. -8- N. Preliminary Franchise Provisions for awarding a fifteen-year nonexclusive franchise to oonstruct, operate, and maintain a cable cc~nunications system serving the city is con- tained in the preliminary franchise ordinance which it is intended will even- tu~lly be adopted in similar form by the city. This preliminary ordinance is only a preliminary ordinance. It is antici- pated that the ordinance will be developed in considerably greater detail during the period of negotiaticms between the city and the successful proposer. The city's ordinance will incorporate the successful proposal by reference. O. Legal Qualifications Evidence must be presented to aSsure the city that the proposer complies with the applicable rules, regulations and statutes of the FO2, the State of Minnesota, and the Minnesota Cable Communications Board regarding ownership and control of regulated franchises and businesses. 'Proposer will, of course, be required to comply will all legal standards previously listed in Section II G. as well as any future changes in such legal standards. P. Financial Plan Pro Forma An important feature of the proposal is an adequate demonstration of the financial capacity to perfom in accordance with the franchise ordinance, this RFP and the proposal. Failure to provide the detailed pro forma requested my be interpreted by the city as evidence that the proposer is not properly qualified to receive a grant of the franchise. The pro forma data subnitted should include plans and terms for debt and equity participati°n, proposer's -9- plan for any local c~nership structures, financial goals, as well as financial projections and assumptions. Ccmplete detail is required pertaining to the equity of lenders, now and envisioned for the future and the structure of equity par'ticipation of local investors. All understandings for equity participatio~ to be provided by the ccmpany in exchange for services as well as the extent and nature of the services are to be detailed. · Tiered-service structures, if offered, must be factored into the revenue projections.~ Adequate documentation of the proposer's assumptiOns and research methods must be provided so that a fair analysis can be made of the projections. For purposes of the financial pro forma, as well as all other forms and require- ments,'year one begins on the date the franchise is certifie~ by the State. Q. Rate Schedule The rates initially proposed must be substantiated in the pro forma state- ments by use of realistic levels of penetration. The city intends to regulate all rates allowed by law to be regulated and proposers must agree to such reason- able regulation (as elaborated upon in the preliminary franchise ordinance) as a condition precedent to the city entering into a contractual relationship with the cable company. Proposers sb~ll indicate projected increase in the pro forma projections. Constant 1982 dollars sh~ll be used by all prc~osers in' preparing financial projections. R. Demonstrated Experience in Operating a Cable Cc~munications System Information will be solicited concerning the applicant's cable television franchises in other cities. This information will be used by the city to inquire into the applicant's experience in other cc~munities in which franchises are held. - 10 - S. Prc~osal Requirements This request for proposals oontains selected requirements as determined by the city. The city is establishing few r.equirements, as it desires that all proposers have maxima freedcm to develop their own innovative proposals. The Ommunications Needs Report sun~arizing the'report made by the. City's cable com- mission to the City Council based off assessing community n~-~cds is attached.' "-~ ~ Proposers are advised to take this report into consideration in developing pro- ? posals. Further, proposers should carefully review all requi, rements and COnditions .set forth in the preliminary franchise ordinance, and familiarize themselves with the rules of the Minnesota Cable Communications Board and Chapter 238 of the Minnesota Statutes. The city f,,~ ly expects to enter into a firm contract with the successful proposer for the timely delivery of all elements of the successful proposal. A~ ] items being offered by pr. oposers are considered to be freely and .voluntarily offered and will be ir~.luded in the franchise ordinances and ~ subject to. the franchise ordinance enforcement provisions. The successful 'Proposer must agree to suport any waiver required by the Federal Cc~munications Cc~mission for any voluntary offer of services or technical standards that may exceed FCC requirements. All a~plicants will be required to:· 1. Extend cable felevision service to a] · areas within the municipal boun- daries of the city. 2. Meet or exceed ~] · FCC technical standards. 3. Construct cable plant underground where all other utilities are underground and change frCm aerial to underground when any of the utilities so change. Any change frcm aerial to underground shall be at the Grantee's expense. of underground drop to hcme shall be specified in the proposal.. 4. Cc~ply with all applicable laws, ordinances, rules, regulatiOns, code~ dards. Cost and (federal, state, and local) relating to oonstruction and oonstruction stan- Grantee shall not open or disturb the surface of any streets, public or private property without first obtaining a permit frcm the cit~. Any w~rk -done shall be in a w~rkmanlike manner and shall not endanger the health or safety of the citizenry. Any work done shall result in the returning of the street, public property or private property to good condition at the expense of the Grantee. Grantee shall further comply with all construction standards pro- posed in the preliminary draft ordinance. 5' Provide a plan for extending service frcm the Mound system to clusters of population (identified on the attached maps) which are~.q_eographicall,~__con- tiguous to Mound, but not within the city limits.· ~ 6. Initially deliver a .~ubscriber~ network of at leas tream channels to resident subscribers. ~ video 7. Provide a system capable of passing upstream and downstream signals simultaneously, and which sb~11 accommodate interactive services upon system activati6n. Propcsals shall specify the number of channels which will be ini- tially activated to provide two-way communications, (video, audio and digital). 8. Provide an audio emergency over-ride alert system. Grantee sba]] propose its plan for the declaration of emergencies. "Emergencies" shall be declared by an individual designated by the city. 9. Cc~pany sba!l investigate the feasibility of proposing a hcme-security - 12 - package. If company proposes such a package, a mechanism or entity to. reduce the occurrence of false alarms will be required. Grantee shall propose its plhn for payment of the expense of false alarms by cable company, user of service, subcontracted supplier of service, or any combination thereof. The Commission desires that the general system subscriber or the city not pay for false alarms. 10. Designate an emergency channel to be operated by city in time of emergency. This channel may be a channel used for other purposes during non- emergencies. The emergency channel shalI be,designated on the ~irst tier of service. 11.' Guarantee their rates and not seek rate increases until two (2) years after construction is completed in the initial service area .or until three (3) years after the franchise is certified by the state, whichever is longer. 12. Pay to City an annual fee of 5% of all gross revenues (as defined in the preliminary draft ordinance) derived frcm the cable system within the cor- porate boundaries of each city. The annual fee may be subject to renegotiation ~-~,--at such time as federal or state authorities no longer regulate the amount of the fee. Grantee sb~l] agree to support any Waivers required by the FOC. 13. Agree to rate change franchise procedures as outlined in the preliminary ordinance (see elaboration of this requirement in this RFP and the preliminary draft ordinance). 14. Agree to an initial franchise term of fifteen' years, with early renewal oPtions in sole discretion of city. 15. Agree to a franchise renewal term of not more than ten years or on a year-to-year basis in the sole discretion of city. - 13 - 16. Provide at least four channels for a0cess use which shall include public, education, government, and regional. 17. Grantee shal] provide at least one leased access chanhel. (Grantee is encouraged to exceed this minimum reqUirement. Further, Grantee will be required to increase lease access capability at the request of city). 18. Grantee will provide FM service with individual ly processed signals and shall provide FM service which is capable of delivering audio frcm the video channels (such .as movies) to the FM receiver of subscribers - simultaneous to video transmission. The FM service sba11 be available with any tier of basic service or by itself. 19. Propose a system which is capable of interconnection with all cable systen~ now or hereafter geographicml l y contiguous with the community or in the major metropolitan area, where feasible, pursuant to the procedures for same found in the preliminary draft franchise. 20. Include in its propcsal its plan for servicing publicly owned buildings as designated in attachment A to this RFP. 21. Present evidence of financial resources that assure the City of the company's ability to ccmplete the entire construction of the initial .service area within the construction period specified in the proposal. 22. Comply with ~]~ applicable laws and rules regarding equal employment opportunity and fair labor standards. 23. Provide some form of prograaming "lockout" control. The lockout capabi- lity should provide for the discretionary deletion of individual programs or entire channels. 24. Demonstrate a cc~mitment to providing a variety of origination - 14 - progra~ning; provide access support including color studio and mobile prcduc- ticn equiianent, post-production equipment and use of present video facilities' provide a plan accommodating grc~th of access production; provide a production center geograPhically located so that the greatest number of residents throughout the system may be located closest to production facilities. 25. prOVide expanded distant signal offerings. 26. Provide for uniform service rates for ~ other residential subscribers located within the initial service area with other discounted service, rates for classes of residential subscribers similarly situated such as Senior citizens. 27. Provide separate rates for installations to hc~es/businesses/industries located within 200 feet frcm the distribution system and those located 200 feet or more from the distributi~a System. 28. Provide for separate installation rates for aerial verses undergrOund insta~ 1, ations. 29. Provide monthly non-premium service at no charge to public and non- public schools, libraries, and city office buildings (and any other primary govermnental facility designated by city in the future)o The installation and provision of any necessary converters shall be at cost. 30. State the ccmpany's policy regarding the subscriber's option to purchase a converter. 31. Construct the distribution systems' to accommodate the needs of busi- nesses or industries providing that such accc~modation does not adversely affect service or rates for service to residential subscribers. Applicants should cor~ tact representatives of businesses and industries to determine their interest in - 15 - / cable, and sb0uld include results of such contacts in their proposals. 32. Provide a basic service tier which oontains at a minimum the four required access channels, local broadcast channels and other services to make it an attractiv~ subscriber alternatiw, plus the option of a pay-cable service such as Home Box Office, Showtime or Movie Channel. 33. Provide a tiering structure whereby premium services Such as movie channels may be purchased on an independant basis and need not be purchased in any sequential order. 34. Carry broadcast channels 2, 4, 5, 9, 11, and 17 on corresponding cable channels. 35. Provide special interest prograaming in the areas of arts, health, college ~ourses, consumer information, national news, weather and sports, and progra~nting serving the needs of special age groups, and that the services be available on a ~ tier to make them readily available to subscribers, 36. Provide automated programaing carrying national and regional news, weather information and weather radar, and that these services be placed on the Icier-priced tier, so as to make them readily available to subscribers. 37. Provide a local news service, plus a 24 hour per day cc~munity infor- mation channel for prcmoting cc~munity events sponsored by non-commercial enti- ties with no advertising. The cc~munity information channel should be available on the lowest-priced t/er of service. 38. Provide a system design so that subscribers with two cable outlets in one dwelling unit may view two different programs on their two television sets simultaneously. - 16 - 39. Provide~ a system capable of accomodatirg interactive services such as video games, business c~muncations, subscriber responses, utility meter reading, hcme cc~puter tie-ins, and electronic newspapers, provided that the · cost of subscriber equipment for and operating costs of providing· said interac- tive services shall be borne by those subscribers opting for the service. 40, State the ccmpany's, programming policy of copyright ownership of 1°cal origination and access programming produced in conjunction with local groups and institutions. Said policy should iDc]ude at least the requirement that should the cc~munity group cwn the copyright and at scme point realize a profit frcm distributing the program produced, the group will reimburse the:cable ccmpany up to the cost of actual production only. T. Evaluation Criteria 1. In general, applicants will be rated according to 'the following criteria which are not listed in any rank order b. Plans for access programming support. c. Local origination programming and resources plan. d. Construction timetable. e.' Initial service area. f. Line extension policy. g. Two-way services. h. Technical standards. i. Specific policies for upgrading the system. j. Quality and quantity of programming. k. Business plan. - 17 - e 1. Proposed plan for system maintenance. Priority will be given to the proposer which: a. Proposes service to the entire initial service area in the shortest period of time for the most reaSonable rates. b. Proposes the most attractive channel offering to subscribers at the lc~est rates. c. Best demonstrates a commitment to providing: (1) a variety of originatic~ programming; (2) Access support iD~luding but not limited to oolor studio(s) and location (remote/mobile) production equipment, use of existing video facilities in communities; (3) Broadcast capabilities frcm city halls and selected schools. - 18 - A. CITY OF MOUND CABLE T~.~V-ISION AE~qSORY (IIMMISSICN S[I~MARY OF (I1MMUNITY NEED~ ASSESSMENT The City of Mound City Council has appointed an Advisory C~mission on cable television (Commission) for the purpose of informing itself about cable oo~munications and the assessment of the cc~nuncation needs of persons residing within the City of Mound. Since its appointment, the Commission has met frequently to familarize itself with cable communications and has prepared, conducted and tabulated a community needs assessment on cable oc~muncations. The purpose of this report is to present to the City Council of the City of ~4~und a sun~ary of the comaunication needs assessment conducted by. the Commission. During the past months, the Cc~mission has been gathering information on c~_ble television and related cc~municati°n delivery systems. The Comnission conducted a needs assessment by means of a Cable Television Questionaire, completed by a random sample of residents. The results of the survey are set out belcw. ~ITY CABLE T~LRVISION NEED~ Adults The adults surveyed ranked the following 12 categories in order of importance, and also ranked ·the priorities they gave to the sub- headings under each category. iii) iv) i) Entertainment v) 1. M~VIES 2. (t3THERIE ~ATER 3. C~CHESISRA CON~ 4. HI6t~ SCHOOL PIRODUCTI(/qS New~ 2. IX]CAL 3. ~EATHER AND DISASTER 4. REGICNAL 5. BUSINESS (stock market reports) Ed ucat ion 1. U. CF M. (DURSES 2. VO-TECH (DURSES 3. FOREI(IN IANGUAGE 4. LIBRARY 5. JC8 TRAINING 6. HI(~ SCHOOL EQUIVALANCY a. Those surveyed indicated the following order for foreign language education on cable television. 1. Spanish 2. German 3. French 4.-Swedish 5. No~weign · 6. Italian 7. Russian 8. Chinese 9. Japanese Sports 1. PROFESSIONAL 2. MADISON SQUARE GARtEN 3. HIGI{ SCHOOL 4. T.~AGUE PIAY (park program) 1. GREAT BOOKS 2. HISTORICAL SOCIETY 3. ARt SRO~S 4. M3SEL~4S vi). Government vii) viii) xii) 1. CITY (DUNCrr. MEETINGS 2. GOVERAGE OF THE U.S. CONGRESS 3. SCHOOL BOARD MINUIF_S 4. CITY ~SION ~EETINGS 5. T~A(~JE OF ~IMEN VOIENS Children' s Programs 1. Mi~rIES' EESI~ FOR C~Tr. DREN 2. TRAVEL AND ADUENTURE 3. THINGS IO~O 4. STORY HOUR 5. PROGRA~ .PNDDUCED BY AND FOR ~ C~r~ Community Service Information 1. SCHOOL INFORMATION 2. km/gT-AI~ 3. JCB LISTIN~GS 4. SENIOR CITIZEN INFORMATION 5. ETHNIC P~NG ix) Religion (same ranking as X) 1. LOCAL ~ 2. ROUND TABLE DISG3SSIONS 3. RELIGIOUS MUSIC 4. NAT~0NAL RELIGIOUS PROGRAMS x) Two Way Cc~munications (san~ ranking as 1X) 1. (/~NS~ SHOPPING GJIDE AND SURVEY~ 2. ALARM SYS1~24 (FIRE, THEFT, AND CIVIL DEFENSE) 3. }[~E COMPUI~R ~CATIONS 4. VIDEO GAMES 5. ENERGY MANAGEMENT 6. BLOOD PRESSURE FK1NITORING 7. UTILITY READING xi) Basic Living Skills 1. HEALTH AND NU17~TICNAL INFORMATION 2. COST AND ENERGY CGNSERvTtTION 3. G~RDENING 4. CI4ILD CARE AND PSYCHOI/DGY Public Access Channel 1. PUBLIC SERVICE (SCHOOL AND CITY EVENTS) 2. ~ ASSOCIATION 3. BUSINESS ~CATION C~ SEMINARS 4. THE PERSON Gq THE STREET Children The children questioned ranked the following 11 categories in the order indicated below. ii) iii) iv) v) vi) vii) viii) vix) x) xi) Children's Programs (especially movies) Sports (especial ly children's sports) Entertainment (especially ccmedies and movies) Educat ion News Public Access Channel (half of those responding indicating an interest in making their own programs) Government Community Service Information Cultural Programs Two-way Communications Religion Various responses were received by adults to the question "what could cable television do to meet your needs?". The desire for affordable progran~ing Which represents a viable alternative to that available on network television was repeatedly expressed. Scme residents did express a concern about elicit sex or violance on cable television, and requested that scme sort of lock-out mecha- nism be available. However, almost All of those responding to the questionaire were enthusiastic about the expanding programming choices which cable could make possible. ATTA~ A Publicly o.'ned buildings to which one free drop shall be installed. - 20 - ~B6I '0I ~ranoR' 'm'd 00:~ :~4L50N~ ~I9R3 DNISOqD · ~0 AIJD HH~ OA ~-JDIAH~S SNOI~~ ~IBYD DNIGI~ %t(1/ ~O/ NOI~IDI?I6d-~ q¥IOI&/O ClN.qCI4 .~0 ,~D ii LIST CF (I/~TI'ENPS ' AND S[IqMARY OF P~X~C~AL IEENTIFICATION CF APPLICANT APPLI(ia/~f 'S AFFIDAVIT FORM A: FCRM B: FORM C: F(]RM D: FORM E: FORM F: F(]RM G: FORM H: Ownership and Control Infor'mation Ownership (~m3ifications Character Qualifications Experience -- Curkent Cable Holdings Experience former Franchises or Ownership Interests Financial Resources, Existing Capital Ccrauitments, and Potential Building Ccxa~itments Financial Pro Forma Service Areas, Construction Sch'edules, and Construction Practices FORM I: Channel Capacity and System Design FORM J: Proposed Signal Carriage and Channel AllOCations FORM K: FORM L: FORM N: Local Progranming Proposed Rates No. of paqes 2 1 1 2 2 1 1 ? 5 5 18 3 3 2 / ?/J - ( ue ~3~ zapeaz e~ ap~o~d o~ ~[~=~s s~ uo~=e$ s~ ~o asodznd .~aq30 o ssa~o¥ pue uoT=eu;3~O [e~oA 'o suo[~oo[[v [auueq3 7ue a~eSj~e3 [eu355 o $=uam=T~=O3 TeT~ueuT& ma=s~S ~o =ua~ageueN pue d~qs~au.-.O [esodo~d..~o .-~a~64anO 0 0 0 0 · sa~ed ~Z ~a=em~xo~dde ~o mnm~xe~ · oa sasuodsa~ =~m~[ aseaz& -aPI,o~d O~ sasodo~d aI saoI*~as pue ma3s~s uoIsI~ala~ alqeo aq~ ~o uo~d~osap ea~le~eu es~uoo puc ~eaio · ~uasa~d plnoqs =ueo~ldde qoe3 ~VSO&O~ ~0 ~rk~lS Ch~V~3I,~a3AO SUPI~¥ OF CiLI. N~L ALLOCATIONS ~rtefly describe belov the desitnatet progra~aint or services proposed for each of the cable channels (i.e., Channel 2mWXYZ, Vashiniton, D.C.; Channel 3-- Public Access/Bulletin Board). Please indicate clearly the divisions betveen var- IOus 'tiers' si cable service, if appropriate, using a format such as.the sa~ple below. Cable Chan-[ nel Number [ Designated Progra~ming/$ervice / APPLICATION FOR CABLE ~CATION SY~M F~SE FOR ~ CITY OF MDUND Name of Applicant Address of Applicant. (Street) Telephone Date (City, State, Zip Code) (A~.ea Code and Number) Please give name and telephone number of principal to whcm inquiries should be made: Name Telephone (Area Code and Number) Authorized Signature (Name and Title) Date vi APPLICATICN FOR CABLE ~(%~Tt0N FRANCHISE Applicant's Affidavit This application is submitted in response to the Request for Proposals of the City of Mound, Minnesota, by the undersigned who has been duly authorized to make the representations herein on behalf of the applicant. Applicant recogniZes that All representations are binding on it and that failure to adhere to any such. representations may, at the Ccmuission's option, result in revocation of any franchise that may be granted, in oonsequence of this application. Consent is hereby given to the Couuissi~ to make inquiry int° the legal, character, technical, financial and other qualifications of applicant by con- tacti.ng any persons or organizations named herein as references, or by any other appropriate means. Applicant intends to ccmply with the rules of the Minnesota Cable Communications Board (MEOB) and the cities' ordinances'. If any portion of this application is irreconcilable and does not ccmply with. the referenced standards, the minimun acceptable standards or requirements set forth in the applicable law, rule, statute, charter, ordinance or RFP shall supercede the portion of the application with which it conflicts and shall be binding on the applicant. FIRM NAME AFFIANT' S SI6~IRTURE OFFICIAL POSITICN DATE ATTEST i?17 FOR."I. A: . O~,'NE£$EIP AI~'D COI~'TROL IK'}'OIL'~.ATIOI~ ..-~ .:o uo;: ~cin~0 .zo :ac--,O,':ap:o:,"4~o~s [ ] :~:::aecI [ ] : -~'.- Z) (a: · 35) ( -'1: ,:3) ssa:p?y (-papaau ;'i: s=3o; Ivuo$1lppe aonpoadatI) g j,o I 'a§.ed NOI~'HO/~! ~0H3.~03 (LT~ 8IHSH3-~O ! y m.zo& .., (, '~eqo ieuo~ez~ue~o u~ apnlou! -asuodsa~ ~noX u~ '-o~a 'suo~s~oap ~u~em u~ ~mouo~ne ~e~s ~o uo~ssnos~p ~ 'sao~3oe~d ~u~q 's~uama~nba~ ~ouap~sa~ ~s 'sa~n~on~as ~o~oa~p ~o p~eoq ssaapp¥ -ma~sXs pasodo~d aq~ o~ q~a ssaoo~a 2u~muo~s~oap pue ~uamaSeuem 'ieuot~ado aq~ u~ pa.io.u~ aq o9 ease aortas alq~o..aq~ ~o s~uap~sa~ leoOI ~o~ sa~un~oddo Xue Ilia puv uot~e~zo~u~ auaui~ad ~o ~uIploqqlla pa~aplsuoo aq Ilia eluamaaa~e -Ildd~ ~q2 pu~ ''~3~ 'slu~llnsuoo *sdnoa$ tqqoI 'st~uloll~ *m/oasaauI' IV~Ol l~l~u~ull luv ~lla s~lla~d puv sa~ploq~avqs ~ SulpnI~u~ *s~uv~lldd¥ g ~o 3 e§ed V m. zo~ .( 1721 .%, ou [ ] sa& [ I sapnlouI e~&~ aoI~as asoq~ Xued~oo auoqdala~ y -p ~o.tma~s&s q~ns ~o 'iuoIlels,e qDns a~e=ado ol asuao¥I · ~o~ =ueoiIdde ou [ ] s=& [ ] I s~ [ ] iuoil~abctzo~ -$ -11 · luv~lldde ~1 si ou[l s~.f [ I Z ~o a O6ed i · .] ~:~ep s~ q~ns s~ads ~$?~.~o~c~ ~ua~a~,s a~c~as q~e .'sa.C..;~ 'C s~ [ ] ;a~ [ ] sa~ [ ] ~npuoos~m ~aq~o ao) av~sn[ ;o uoT~n~sqo e · EXPEKIENCE--CL'XREI~'T CABLE HOLDZ.~C$ .) Page I Jf 2 CABLE IIOLOINGS · .-~' AirO ~l. ease list ~1 holdi~s (~ranchises and syst~s) pr~cip~· ~s 3 percent or ~ore of equity in=erase. (If additio~ p~les are ue~. please r~roduce this fo~.) :- . Location o£ Sysce~*e ' .:. - Date of Franchise Avard Award or Acquisition) I ,I Plant l~iles of Syst~ -. '.' -". I " ,,, I I I ~, Date ~irst Subscr~e'rs ~:'-'~.z::. t' ' Se~ed I Date Construction Co~p1 et ~ i N~: o~ S~scr~ers ~ Perc~n=a~ of Sys=~ ~ership Held Holder of Con=rollin~ ~ership In=eresc .. Current Subscr~er Da~e ~:e Appr~ed Name and Address of Loc~ Cover~enc OfficiOs Respo~tble for Cable ~eratio~ ,~ ...... *For purposes of this form, "principal" means any officer or director of sp.plicant, and any person, fir~, corporation, subsidiary, Joint venture or other entity, vSo or ~ich ovns or controls 3 percent or more of the voting stock (or any equivalent voting interest o[ a partnership or Joint yen=ute) o~ an applican,t. **Indicate wheCher city is located within a metropolitan area. Page 2.of 2 : ~;XPERIENCE--SY~TE~4 UPGRADING Provf~ ~nfo~t~on ~out ~Jor ~rove~nts ~e to syste~ ~ea ~ a~i~- cants. '~clu~e the nat~e of the system ~rove~nt (~rovfsfon of ch~nels or chine1 capacity, ~rovisfon of s~scri~r te~nals~ rebuil~ of or a~aftfon to ~fstr~utfon syst~, a~aition of interactive capacity-~/or seduces, a~itfon or ~Jor ~r~uct~on facilities, ~roveme~ts s~scri~r se~f~, etc.), the ye~ of the fr~chfse or free'se renewal tern t~t ~rove~nts were c~plete~ aha te~s creases, fr~chfse renewal or renegotiatfon, etc.). Reference Fo~ F, ~ge 6~ ~f appropr~ ate. J?J I Page ! of l' Form Please describe'i9 detail the financing plan for the construction and operation of the proposed : '~ cable communications system. Proof of financial cape-/ bllity shall include the following: Page I of 7 '~-'. ~ .'.'~ ,,:%:.':~.tt-~'L. ...... ..J...T'..t:~o. " . . Source of financing,' " 'a. Equity--~hat is the source and amount of equity capital?* b. Primary Debt--~hat is the 'primary source and amount'of debt? Secondary Debt--~h'at is the secondary source and amounC of debt? d. Name and title of officer in bank or lending.institution vho 'has adthorized the financin~ for this project: e Terms of financing: a. AmoUnt.--Primary $ Amount--Secondary $ Period Period Under what conditions is the financing to. be made 'available? c. ~hat interest rates~ d. 14hat collateral is involved? e. l~ho are guarantors? f. Are there related agreements made in connection with financing o£ this project? *If any portion of equity contribution is borrowed~ describe collateral and ter=s of the loan. ~:- .,:~..,. . ,~:-i!' .~:~.... -... - .z, .:.'. - ...... '~"~!:. '~ '.'"~":: ~" . ..':.5" .: ~".'~' "~-' · Y~:'~'.' £~L f · aqT~:sap 'os ;~ :s:~ · aqT~oSa~ ~SUOTST.O~ ~o~s ~eq.~nq ~o ~no-gnq ~u~ a~aq~ a~V Z ~o g a6ed ,.(. (continued) P~qe 3 of 7 3. Documentation:' Supply correSpondence. that assures' applicant's financial viability, such as letters of c~mitment frc~ financial institutions, which will demonstrate the availability of sufficient funds to cc~lete the c~nstructic~ of the proposed cable communications system. If applicant is a multiple system operator, give evidence of the portion of the c~mpany's line of credit that is presently unc0m~itted, and will be applied to the constructio~ of the. proposed cable system. If 'applicant is a division of subsidiary of an MSO, .provide the prOpOSed debt instrument describirg terms of payment. If capital'is to be raised by a parent Company, provide an annual report for the parent c~mpany. Form F 'FINANCIAL RESOURCES (continued) Page 4 of 7 ADDITIONAL DATA REGARDING LOCAL Ilfl/ESTORS 'If local investors are involved, these additional questions must be an- swered. Failure to answer this question tully may adversely affect the eval- uation of an applicant's proposal, List the amount of equity contribution to be provided by each investor, plus the method by which the contribution is paid (e.g., cash, cash plus credit, services, etc.). Services con- tributed in lieu of dollar investment are to be described and made quintifiable. State how each investor intends to fund its contribution. If the money is to be borrowed, state what will be the collateral. Include financial couitment data for each investOr. If the percentage Of o~nershlp is not comparable to the equity contributions, state how o~nership will be allocated among the investors. Submit data shoving how profits and losses will be shared among franchise investors. How will investment tax credits'be shared among the'investors? How will depreciation deductions be shared among the investors? Disclose any agreements for repurchase of the local investor's o~nership interest by the applicant company or its parent(s). Fo~ ~' Page $ of'7 ! i I I I I I ! I I I I I I. I I § . .For~ F ) ., ~ o t~ o o o ~, I ! ! ! ! ! ! ! ! · ! ! I ! I ! I I I ! ! ! ! ! ! ! I ! I I ! I I ! ! ! I ! I ! i I ! I I- I / ?.~2 Fot~ F ~a~e of 7 I I I I I I I i I I I I I I I I .I I I I I I I I I 1 ! ! ! ! I I I I I I t I I I I I I I I I I I I I I I I I I I I 1 I t I ! I I I I I ~ , ! ! ! J ' 's:~II°P ~6I ~ue~suo~ us ~pem ~q plno4s s~oll~oad emao& o~a 0 0 0 0 e 0 0 0 -Page 2-of ~ ~nclude surve~ ~ethodolo~y, results and a cop~ of the survey. -. ,. REVENUE DOCU~ATZON ' Using the figures of households given in the "Uniform Data", explain how your subscriber ,~nd penetration figures are obtained. In brief narrative, describe the source of the inf~rmation and basis for Jection. Describe the basis for projection of penetration levelS. Provide details of any market surveys regarding residents m.interest in subscribing to cable and their preferences for nationally and locally-produced programs and program services. / ??m Page 5 o~-14 Tear, 1 Tear 2 Year 3 Year & Year Year 6 Year 7 Year 8 Year 9 Year lO Year ! ! Year 12 Year Year Year Year L begins on the da~e the .MCCB confirms'the franchise. H I I 0 CONST~I~ COSTS (Basic Subscriber Network Only) · Page 8 of Item Distribution Cost per Mile Make Ready gnginccring Labor Hardware and Strand Cable Taps Electronics Other Total Cost per mile $ $ Cost per Drop Drop Material Labor (capitalized) Traps/Filters Total Cost Per Drop Aerial Underqround $ $ $ $ $ Converter Costs. Provide the following information for each tier of service: Service Level Make and Mcdel Number Unit Cost Cs~) ~u~) s:~3~aAuo3 a~qe~ A.A '91 s~o~ -~ ~a~c~ aTo& -~ ~uno~apu~ -q PuaPeaH 'E ~T~:~S' ~OI2YDI&IZsflr .',IOI.T..Y'r. 3z'licTZG zad *szaqlzosRns 3o ~aq~nu 'alta ~ad lsoo zanod se ~ons sasuadxa ~uI3ezado dolaaap o3 apem suo/Id~nsse lie aq/zosap asea[d '3aaqs a~e~edas · u0 :3£04 .sas=adxa asaq~ ~uaanoop pue ~$~ads 'lsoo ~u$~e~ado 'I~ol ~elnoI~ed · 1o sal~o~aleo .~aq~o. Ile ~o~ '6I aged panul~uoo)' ~z'aq~O sasuadx3 pue I[ozge~ sIelua~ a~IS pue aIog -~ aoueualuIe~ aal~a~uo3 -~ a~ueualutr~ -[ s~I~aua~ aeXoidm3 ': sa~e~eS 'I · .( ANNUAl. E~PENSES--DETAILED P~OJECTIONS~--Continued Category ] Year ! ] Year 2 I Year 3 Page Year &...fl::: 1. Salaries 2. Overtime 3. Benefits .. &. Rent 5. Kaintenance 6. Vehicle Expenses 7. Co.on Carrier (Terrestial) 8. Local Program ~laterials Tape Stock b, Misc. Supplies 9. Satellite Signals+ a. Independents b. Ocher c. Pay Cable 10, Stand-alone Program Material a. Film Service b. Other Nonautomated ¢. Automated Programming 11~ Promotion (LO & Access) 12. Other Hlscellaneous~+ Total (continued) aFifteen-year totals to be reflected in Summary on Form C, p. 19. +List all signals imported and their corresponding annual cost ~rrBs--$ .., HS¢--$ .... , UPI--$ ). ++List separately. +++Sho~ separate column for*each year. .~. ~ea~ qoea ~o~ umn~oo a~e~eda~ ~o~s+ ,- -sasuadxa asaq~ ~ua~n~op pue ~o~a~eo ~~aq~o~ aq~ dn a~em ~eq~ s~uauodmoo · Z~.~ap a~ld=o~ UT gE .d 'D m.zo~ uT ~ZT~ '~q~TZd~m YgSD ~¥£0£ saxe£ ~e~o~ pue a~e~S sasua~x~ dn-~e~S '9! s~u~oooy ~qa~ pe~ '~I aoue~nsu~ '9I sasuadx3 ao/~O XapunS '£I qde~ala~ pue auoRdala~ uoI~omo~d ~ ~ulsll~aaP¥ saltddns ~'l~auo/lelS '6 saosa~aS IeuoIss.a~o~d 'g -u¥=py ~ ~u$II~S *I~auao '3 ~L f - I ' -I I..I SERVICE AREAS, CONSTRUCTION SCHEDULES, AND CONSTRUCTION PRACTICES ,) FORM H .. Page 1. 'Attach as an appendix to this application a map of the initial service area (area in which residents will receive service fo~ uniform rates) indicating the boundaries within the area to be constructed in each year of construction.* Applic~_nt must specifically show any areas in the cities that will not be ini- tially served. For any area which is included in the applicants' initial ser- vice area, but which is not included in th~ required initial service area in the maps attached to the RFP, explain how the' area meets a density standard of 40 hemes per street mile frc~ any headend, hub or microwave facility. 2. Provide details of your line extension policy (rates, timetable for offering service, and conditions). Show bow your policies are based on the cost of the plant nccded to reach, the areas. 3. Does the applicant agree to offer those service and rates proposed for the initial service area to any area which reaches or exceeds an average density of 40 hcmes per street mile during., the time of construction of thereafter? * Year 1 begins on the date the M~CB confirms the franchise. (/3NSTRUCTICN S(/~DULE BY AREA (Basic Subscriber Network State the proposed schedule of system construction by city. Page of 5 NOIE: Year 1 begins om the date t~ MO2B confirms the franchise. / ?s'£ CON~IGN SC~F. rX3LE BY MILEAGE (Basic Subscriber Network Only) Category Year 1 Year Underground Plant 'miles with conduit* Underground plant miles without cz)nduit* Total plant miles (for year specified) Total Construction Period: months from date of MCCB certification. conStruction will be considered to be ccmplete when all residences in the ini- tial service area have access to cable service. NC~: Year i begins on the date the ~2EB certifies the franchise. * Applicant must use the figure given in Table ..I of ~he RFP for underground plant mileage in calculating total underground mileage. On a separate page, provide a list of aerial miles proposed to serve each com- munity and.how the figures were cal .culated. CONSTRUCTION PRACTICES (continued) ' "4 ~ ~St or d{"-~uss''~ stand~'~"~to ':be~'f°ilowe~ regar~ing"'~o~er:constrU~tion;- marking and lighting. 5. C~nstruction Practices a. Do you, have a manual of construction practices to be followed by con- struc=~on crews? [ ] yes [ ] no I~ "yes', a~tach a copy of the.manua~ as an appendix to this application, b. with regard' to individual residential subscriber installations, describe policies for placing cable in homes, including the ability of the subscriber to determine where the drop will enter the dwelling, restoration of property disturbed or damaged during ~he installation, etc. ~ (3DNST~I~ PRACT I~-~ Ur~erground Policy a. 'Does 'ap~icant agree to construct cable distribution plant underground " in areas where all other utilities are now or hereafter underground? b. Does applicant agree to oonstruct underground cable plant in newly platted areas at the time that electronic and telephone distributioa plants aro o::~r~tructed undorground. .)', CAPACITY AND SYSTEM ~ESI6N 1. Proposed System Design Plant Miles a. Mileage (2) Subscriber Network -- basic subscriber system (a) Single cable ( Hub Interconnect Other (explain) b. Briefly describe the type of layout that will be used to provide coverage to the franchise area. Example: Multi-hub system linked by AML, or radial trunk layout using a remote headend interconnected to hub by super trunk. 17 1. (l{n~T~r. G~PACITY AND SYS~_J4 DESI(~q (continued) 3. Describe headend design and reception facilities. "Pa. ge a. Will individual FM radio signal processing be used? YES NO CI~ANN~. CAPAL~ITY AND SYnal4 DESI(~q (continued) Page .,:l o1' J.d 4. Describe plans to operate or oontract for any satellite earth station(s). CHA~ CAPACITY AND SY~24 E~SI~ (continued) .Describe plans for standby power at the headend, hubs and satellite ter- 6. a. posed locations. Indicate the number of headend (or hub) sites proposed and their pro- ?~L f (2{ANNHL CAPACITY AND SY~3~EM DESIGN ((Dntinc~-d) ~OT 8. Describe the equipment to be used for programming any aut~nated channels. FCaMI C~MqNEL O%PACITY AND SYS~34 (continued) 9. I~scribe proposed Emergency Alert System. emergencies. Page'8 of~-i8 Describe plan for declaraticn of Indicate which channel is designated as the emergency channel. For~ ~[ ~ ~RANI~'EL CAi~ACIT~ AI~ $¥STF..~ DF. SIGN (continued) Page 9 of 18 10. Will converters be initially provided to all subscribers, for all tiers of basic service? · [ ] Yes [ ] No ...... ....~. ,;...,~:_ ~. ..~... ,~.~ ..... .... ~:. '~a, ..~. ~ ...~ ...... .,~.:~-~ If 'no,' explain under what condition converters wil! be made available. 11. List the type of converter (by make and-model number) thac vilI be pro- vided for each level of service. Form Z CHANNEL CAPACITY AND SYSTE~f DESICN (continued) Page. 10 of 18 12. Xn regard to closed captioning or other services for the hearing patted, vha:, tf any, services viXX be made available? 1£ any, such pro- · ~'uuiltZed'.~--~visi°ns are made,.~ ....... please, indicate .......type. and ava~labiltty of equipment. ..... . to~..be...,.?:~...,~:....~....., · ¢~'~'~L C~A¢ITY ~ SYSTEM D£$lC~ (con~inued) If proposed, describe home secur~.cy/f~.re &:Iaz-m service, l;o be :l:nst:aIled (include hake and mode~- n,,~bers) * , '.~ .. ~ -'.'; .,, ~ ~ . . · . .~ - .... !??1 Form ! · 'CRANL'E~_ CAPACIT~ AND S¥STE~ DESI¢~ (continued) Page 12 of 18 16. Channel capacity to and from subscribers (Subscriber Network).* ao Dovnstream: m '' (1) Frequency Spectru~ (2) Cha~nel Capacity (3) Number of channels initially activated b. Upstream: (1) Frequency Spectru~ (2) Channel Capacity (3) ~ill the upstre~= capability be.initially activated fro= all subscribers? (a) ~111 upstrea~ be i~ttially activated alont any portio~ of the .Subs:tiber Netvork? [ ] Yes [ ] Yes [ ]~o [ I~o If 'yes, please explain. If '"no, indicate vhen, under vhat circucs'.a~ces and boy' future capacity rill be provided. *If more than one cable, indicate spectru~ and capacity of each and provide totals. :pOSh ag oa --n~ds ~conS.~'(E) :---e~2:s,~o¢ (~) :sI~uu~q~ ~o ~q~n~ (~) *lua~dInba sIql 5o ash aql 37oddns o3 :sqnq pue phapeaq ,pasodoad sl qnq ao puapeaq auo ueql a~oa li--uolloauuooaalul ,.,.tO (panul ou) NDI$:t~I I43.T.$~S ~ A.ZI3Y,i'V3 'I3.'~'x'YR3: ,, ! :b'OeM .l: Page' 14 CAPACITY AND SYS~_~4 DESI(~ (continued) .23. Regio~! Interconnection ..Describe prc~osals for interconnection with other broadband tele- communications systems in the i~mediate area. (a) Technical plans* Detailed method and eguitament to be used for interconnecting with adjacent and area systems. (b) Operations (1) Describe any contacts made with operators of area cable systems and/or applicants for other area system franchises regarding interconnection. (c) Financial Plans (1) What portion of the capital budget, if any, has been allo- cated for interconnection facilities? (2) How will costs of interconnection with other cable systems in the i~nediate area or Twin Cities area be determined or apportioned? Does the aPPlicant agree to interconnect with adjacent or other systems at the time '.that the operator of the adjacent or other system indicates a willingness to provide an equitable share of the facilities and budget nqcessary to inter- connect with franchisee's system? If no, please explain. * It will be presumed that equii~ent described or its equivalent will be used ina actual construction. As an alternative, applicant may provide detailed spe- cifications for such equipment. · sI~nuea nsa~ lq~uaI aaqle3 ~pa~tsap sl saanpaoo~d lsal aql ~o ~aea~ns ~ealo y '~utdaaap~ooaa, -d~nba lsal ~o ~ouanba~ puc poqla= !pasn aq o~ ~uamd~nba ~sa~ aq~ · sluIod lsal ~o uolleool l~aaua~ pue aaqmau ~ulpnl~t s~sal ~u$o~uo pue slsal aoue~olaad ~o ~oo~d leIllul aol sa~npaooad C/~%NNEL CAP;HIITY AND SY~q~M EESI(Ag (continuted) 29. System Map Attach, as appendix to this application, a map indicating estimated loca- t. ions of headend, tower and antenna, hubs, studio, microwave facilities and earth station(s). Also show the anticipated routings for the major trunks. /7?2' FOP,.H $: PROPOSED SIGI~ CAI~IAGE' AKD CH.A.~,'.'EL ILI. OCATIOI~$ Page I of 3 SUI. fI, tAP, Y OF CHANNEL ALLOC&~ION$ (if applicable) " On the chart below~ briefly describe the des~tnaCed allocation of each chan~el on ~he proposed system (e.g.~ KXYI-T~ Ch. 7, ABC; Il-hr. sports, automated; educational access; Fay TV; etc.). Indicate wi~h an asterisk any channel(s) ~hat rill not be activa~ed or available Cable Chan-I Number I Desiinated Protranmin~/Service m m £orm J Page'2 of 3 Broadcast Radio ScaClons (AH, FH, Shortvzve and other frequencies) (l) FH allband [ ]; or (Z) individually processed slgaals [ ]. Format* I Hours Per IProposed Activ&-I C~! I C~Cy I Day (esC.)l C~on Date** I Letters+l (cou~lnued) *For examp~e~ countrym rock~ e~co +Indlcitl AH, FH, Shortwave or ocher. .. [.]oK [ · a~ep TeT~uE u~q~ :aq~o ~ a~p uo$~ATqOe pasodo~d Z~TOadS~· · pasodoa& laa& .anoa [ liulmme:xflo3~I o'l:pn¥ 3seopeo:xqUOll -q a:)la3aS ospnv (panul3uoo) SNOI~YDOqT/' ~lV 3OYIlt~IY3 'IVNOIS GASOEOA~ · C FOR.'~ K: LOCAL . ". LOCAL PROGRAMMING LOCAL PROGRA~f PRODUCTION EQUIPMENT AND FACILITIES Applican~s should list all studio facilities and equipment which will be provided for.lo~al pr.gram production. Although facilities maybe available to all classes of users, please note that access studios and equipment (listed i on page 2) are for priority use of access channel users~ and should exclude any facilities or equipment listed on page'1.. Please indicate location of production facilities and list make, model number and your approximate cost for each piece or grouping of equipment. 1. Local Origination Studio: . a. Location (approximate) Size (ap~roximate) l c. Will this facility also 'serve as an access studio? yes [ I no 2. Local Origination EquipmentLtst (provide make, model number and your approxi-' m~te cost for each piece or grouping of equipment*). Do not include equipment available to access channel users on an exclusive or priority ~asis. Include equipment to be used for cablecasting 1.cai origination programs on the system. Indicate.whether studio equipment may also be used for remote event coverage. ao Will this equipment also be available for access' use: [ ] yes [ ] no *It will be pr~sume~ that equipment described or its equivalent will be provided. As an alternative, applicant may provide detailed specifications for such equipment. Page Z of.3 EQUIPMENT AND FACILITTF~ Please describe production facilities and list equipment, if' any, that will be available to access channel users on an exclusive or priority basis. Do not include local origination equipment listed on Form K, page 1. 1. Access Studios: a. Location (approximate): D. users? Size (approximate): When will studio be availabe for use? Which facility will be accessible to handicapped and hearing impaired~ 2. List access equipment that will be made avilable to access channel users on an exclusive or priortiy basis (provide made and model number and your cost for equipment to be provided at each facility). * Include equipment to be used exclusively for c~_hlecasting access programs. State when equipment will be available for use. 3. Explain plans for integrating existing production facilities located in the area. in your overal] access facilities plan. 4. Decribe plans for' pr.omotion of accessl * It will be presumed that equipment described or its equivalent will be pro- vided. ~ ~ TO LOCAL C~/GINATION AND ACCESS P~NG Page 3.of 3 (continued) 4. Please provide the following information for local origination and access program production staff. Please asterisk (*) by any staff positions with shared LO/Access duties and give percent devoted to each functiOn. a. LOCAL ORIGINATION STAFF YFAR 5 Job Title (# positions) Full time or Part t(me ACCESS STAFF YEAR 5 Job Title (# positions) Full time or Part time 5. Please specify your ~llocation of channel time and progranm/ng support to leased access users. Please state al I oc~pany policies and procedures for the leasing of channel time or entire channels by individuals, corporations, asso- ciations, or the like. PATES .Roa~e.:.l.of 2 Rate Schedule: conSideratio~ will be given to applicants with reasor~b!e f "instm] ]ation and subscriber rate schedules that are at the same time justified in the financial pro forma statements by use of realistic levels of penetraticx~. 1. Does applicant guarantee that no increases in any rates will. be made until at least three years from ~[~CB certification or two years after system oonstruc- t ion is completed, whichever is the longer period of time? (Authorized Signature) · If other, please state. 2. RATES - StBSCRIBER NETNDRK a. List instml~ation and monthly subscriber rates for all tiers and types of basic service. Include rates for all tiers, additional OUtlets, FM and audio service (with and, without cable service), security service (with and without cable service), tele- text and viewdata. b. Specify inst~llation fa{es for tbcse hc~es/businesses/industries located under 200' from% the distribution system and those located 200' or more from the distributiofl system. (aerial and underground) c. State policies regarding unusn~] or difficult connections of service. % la. If deposit is required for converter, state amount' ana aescribe conditions =elating to ownership, use, repair and replacement. .'- lb. If any other deposit is required, please state amount, purpose and terms an~ conditions of such deposit° 2a. Pay Cable: Include charge, if any, for lock-out devices and equipment installation. . whether charges are monthly or assesse~ on a one-time basis. Detail proposed rates that will be Charge~ for pay cable services. Indicate Provide details of any mechanical or electronic device for 2b. Lockout Device: pregenting subscribers from viewing certain progran~. DetaiL-the costs for the. devices and which channels may be controlled with the device. Reference Form I, page 2, if appropriate. 3. Studio and Equipment Usage .. . Describe studio and equipment usage rates for commercial and noncommercial users. Include rates for: b} e) f) studio production time; .' remote production time; supervi=ton and instruction; lease~ channel costs; system playback costs; and editing costs. 177~ .via satellite or produced locally that will be captioned for the hearing impaireao Describe method for captioning or signing Programs. o 2. Does the applicant agree to establish a policy of copyright ownership for local, origination programs produced in conjunction with local groups and institutions so that should the community groups own the copy=igh~ an~ a= some point realize a profit from distributing the program, the group will reimburse the franchisee up to the actual costs of production (which will be specified at the time of production}? yes [ ! no [ ! : MISC~.rANEOUS .~. ,, . .., Describe proposed program services or indlv~dual programs e~the= Imported 3. Does the applicant agree to allow schools to use' any of the applicant~s copyrighted programs for educational uses? yes [ ! no [ I 4. Please b~iefly summarize any elements of the proposal which have not been adequately covered in o~her parts of the application forms. 5. Anticipated future developments may be discussed, bu% should clearly be identified as such. Please limit responses to approximately 5 pages.' 6. Explain any omissions or other variations with respect to the require- ments of this proposal. /??/ BILLS ..... JUk'~ Z/, 1982 Air Comm Autocon Industries Amer Cast Iron Pipe American Nat'] Bank Bonhoff & Sa][terman B]ackowiak & Son Hol ]¥ Bostrom Burlington Northern F.H. Bathke Co Bowman Barnes Janet Bertrand Como Specialty Community Services Ade] ine Cart Harley Cederstrom Community Radiology Dunk]e¥ 6. Bennett Driver & Vehicle Serv. Joel Essig ErnSt Assoc First Bank Mpls Flexible Pipe Tool First Bank St, Paul Flah~rty Equip Gopher Sign Eugene Ni ckok Haw.k i ns Chemical Holiday Inn I!! les Information Pub] ishers Indep School Dist 277 Robert Johnson John K~tula Lampert s LOG IS Long Lake Ford Tractor Leighton Lind]an M.J. Litfin & Son Metro Waste Control Mac-ln-Erny Inc MacQueen Equip C.S. McCrossan McCombs Knutson Metro Waste Control Miller Davis Co. Minnegasco Mound Super Valu Minnesota CLE City of Mound MN Recreation & Park 90. O0 87.74 305.09 4,7O5.OO 2,000. O0 94. O0 162.82 533.33 13.55 376.17 13.86 8.00 35. OO ! 00. O0 8o. oo 7.50 326.78 3.25 2, 20.0. O0 2,000. O0 5,236.25 31.5] 22,205.75 233.52 226.40 80'. OO 201,12 88.57 42. O0 155170 70.00 17.38 308.73 257.27 1,604.47 7.49 62.92 260.00 ] ,262.25 714.13 12.55 l, 844.33 4,072. O0 9,277.27 6.80 60.77 7o.8! 250. O0 67.45 l 00. O0 Minn Comm Martins Navarre 66 NSP NW Nat'] Bank Mp]s NW Bell Tele Northl. and Electric Planning & Develop Sedv Popham, Haik Pitney Bowes Don Rother State Treas Nels Schernau Satellite Industries Serv A Dock Stern, Levine, Schwartz Sno Pros Thrifty Snyder Drug Timberwal I Landscaping U of MN IRe§istrar Westonka Sports Worms Repair Westonka Plumbing Xerox Griggs Cooper Johnson Bros. MN Distillers Old Peoria Ed Phillips TOTAL BILLS 28.50 500.00 4,129.83 185,778.25 80.73 139.86 825.00 1,427.90 26.00 45.10 339.14 9.02 251.32 145.55 975.00 140.00 62.72 64.80 llO.O0 96.21 2OO.00 33.50 82.72 3,361.4l 2,836.97 1,132.90 2,697.52 4,921.34 282,410.82 IIRINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pre~. · Albert L. Lehman · John E. Thomas * Barbara R. Gudrnundson · Michael R. Carroll LAKE MINNETONKK Mtn' OTA WATERSHED BOUNDARY / MEMORANDUM TO: All Municipalities within the Minnehaha Creek Watershed District and Interested Persons FROM: Staff Minnehaha Watershed District DATE: July 16, 1982 SU BJ ECT: Proposal for Modification of Headwaters Control Structure Management Policy and Operating Procedures At their July 15, 1982 meeting the Board of Managers received from the staff a rev*ised draft of the 'proposed changes to the headwaters control structure management policy and operating procedures. This draft incorporated comments and suggestions received in response to the first draft which was circulated in February. The Board cOncluded that the revised staff draft reflected the intent and direction of the Board and approved the revised draft in concept. The Board also directed that alternate language which was proposed by Manager Gudmundson to replace the "Introduction" section on Page 1 be appended and circulated with the staff draft. The Board directed that the revised draft be distributed to all municipalities and interested persons in the District, and requested that comments be received two weeks prior to their September 16, 1982 meeting. The Board also expressed its intention to take final action on the document at its September meeting and therefore to request MDNR approval of the document. Because the structure is operated under authority of an MDNR permit, MDNR must review and approve the proposed changes and amend its permit before changes may be implemented by the Board of Managers. The primary changes in this revised draft from the former draft are: 1. Deletion of the recreational flow as a separate discharge; and Providing a required base flow discharge to the creek between May and September which will be more comparable to that which occurred with the prior structure. The remainder of the revised draft is substantially the same as the first draft proposal, although the language has been changed for clarity and precision. In order that any comments submitted can be reviewed by the Board at their September 16, 1982 meeting, pleas'e submit any comments on this revised draft to the District Engineer, Michael A. Panzer, E. A. Hickok and Associates, 545 Indian Mound, Wayzata, Minnesota 55391 by September 2, 1982. P.O. Box 387, Wayzata, Minnesota 55391 I¢OARD OF MANAGERS: David H, C~hrmn, Pret. · Alhd L. Lehmln · John (. Thomit ~, '..;:'*"' ;¢:.* 'r LAKE M INNETO#KA SUBJg~T$ H:Lnne~ Creek Board of Managers F~,J~ag er Guctmundson July 13, tOSZ Proposed revision to ~he July 8 ~inal Draft of the Headwaters Control .Structure ~nagement Policy an~ Operating Procedures See at~ re~ision. No mention was ma~e in the July 8 Introduction of hAstorical aspects of the Creek. Therefore, I submit the followLng for r~~t of the a~Lsting tnt~o- duct. ion, Hoping ~o explain the reasons-for the Creek *Improvement Project's initi~LLon ~ ~evelo~emt for the benefit of all the citizens of the Watershed, an~ even nu~aerous 'citizens outside of the Watershed. 1275'- BASIC ~A~E~ AMB LAND MAN&G~T IMPROVEMENT ?ROJECT ~ ~N~ (Creek Im~ov~ent ~oJect) HEAOWA1ERS CONIROL S[RUCT'URE · MANAGEMENT POLICY AND OPERR'I'ING PROCEDURES INTRODUCTION The headwaters control structure at Gra¥'s Bay is the outlet from Lake. Minnetonka to Minnehaha Creek. It is an adjustable structure that controls Lake Minnetonka and Minnehaha Creek levels. Discharge is the llrimar~ source of Minnehaha Creek. The presen£ structure was constructed by the Minnehaha Creek Watershed District in 1979. Lake and creek levels and ~reek flow have been altere~ at this location since 1897 when a fixeo crest structure was constructed to maintain as nearly as practicable,the lake level at a height of 928.655 NGVD, 1~2~ datum. This structure was a wooden weir which was subsequently repaired in 1952 and again in 1944. Prior to the ~ixed weir, the creek was "a not inconsiderable river and went . . . by the name of Brown's River", "the Little River, and Little Fall's Creek . . .". The six flouring mills built along the creek failed "when the water level of Minnehaha Creek sank so low that it could no longer turn the mill wheel(s)." The Edina Mills and the Minnetonka Mills both ceased major · operations by 1898 and the former structure was demolished in Lake survey data of record in the 1960's and.l~70's show the actua! crest elevation of the reconstructed weir varied in height along its length. This uneven crest elevation was apparently due to ice pressures and/or frost heaving. The survey data also show the lowest point on the weir crest was at an approximate elevation o~ 928.~ NGVD, 192~ datbm. In 1980~ When the headwaters control s~ructure became operational~ the fi~:ed wooden weir was/.' · reconstructed. The new weir is constructed of galvanized steel sheet piling material with an even crest at elevation ~50.0. Topograph!0 and hydrographi~'maps of the creek start with indications of RIVER status~a~,d by the 1950's begin to show Entermittant flow status (dotted line) beginning in St. Louis Park and Edina and proceeding to Minnehaha Falls. More recently the creek watershed has been even further reduced by diverting some· street and culvert flow within city limits away from the creek. arPlY ].~;.-.e Nokomis and Lake Hiawatha contribute to creek ~low; rie~ ~d'~e entre ~n o~ ~es drainage ~sin have not 'over~o~ in~ ~e Creek in ye~s. ~efore, ~nn~a ~eek is now more depe~ent on he.watts for i~a s~e~low ~an in ~e past. At times of high precipitation and flow, structures built in t~e floodp~n have been subject to floodin~. ~he main impetus for the Creek Lmprove~ent ProJedZ was to help correct these conditions. $chussler, O. F. 1928. Riverside reveries. Hinneapo]As, 10~ n. Dunwiddie, F.W. 197~. ~ix flourin6 mills on Hlnnehaha Creek. Minn. Histol-y ~(~), Fi~al Draft June 25, 1982 Revised July 1, 1982 Revised July 8, 1982 HEADWATERS CONTROL STRUCTURE MANAGEMENT POLICY AND OPERATING PROCEDURES INTRODUCTION The headwaters control structure at Gray's Bay is the outlet from Lake Minnetonka to Minnehaha Creek. It is an adjustable structure that controls Lake Minnetonka levels and discharge to Minnehaha Creek. The structure was constructed by the Minnehaha Creek Watershed District in 1979. Lake levels and discharge have been controlled at this location since 1897 when a fixed crest structure was constructed to maintain as nearly as practicable the lake level at a height of 928.635 NGVD, 1929 datum. This structure was a wooden weir which was subsequently repaired in 1932 and again in 1944'. Survey data of record in the 1960's and 1970's show the actual crest elevation of the reconstructed weir varied in height along its length; This uneven crest elevation was apparently due to ice pressures and/or frost heaving. The survey data also show the lowest point on the weir crest was at an approximate elevation of 928.6 NGVD, 1929 datum. In 1979, when the headwaters control structure became operational, the fixed wooden weir was also reconstructed. The new weir is constructed of galvanized steel sheet piling material with an even crest at elevation 930.0. As a result of a 1975 joint petition From the Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District, the Minnesota Department of Natural Resources (DNR) conducted an Ordinary High Water investigation of Lake Minnetonka. After conducting necessary field work and analyzing physical and historical data and records, the DNR issued its report in January, 1976. After holding public meetings the Commissioner of Natural Resources concluded the Ordinary High Water level on Lake Minnetonka is at elevation 929.4 NGVD, 1929 datum. SECTION I. MANAGEMENT POLICY It is the policy of the District to operate the headwaters control structure to reduce flooding both on Minnehaha Creek and Lake Minnetonka. This is accomplished by limiting the discharge from Lake Minnetonka to Minnehaha Creek after ice-out (approximately April 15) until approximately mid-June. As a result, water is temporarily stored on the lake. After approximately mid-June water stored on Lake Minnetonka is 1 of 9 i??? released, to the greatest extent possible, at a uniform rate during the summer and fall. Such controlled d~scharges continue until adequate storage capacity is provided on the lake for a normal spring snowmelt. After the open water season discharges to the creek are pre~ented, whenever possible, to reduce ice constrictions in the creek channel· SECTIoN'II. MANAGEMENT GOALS Numerous considerations must be taken into account when discharging water through the headwaters control stracture. The Board of Managers realize that sound judgement based upon operational experience is an essential part of the operating plan to insure intelligent use of the water available to Lake Minnetonka and Minnehaha Creek·. It is therefore the intent of the Board of Managers to use discretion when operating the structure· The management goals are: To reduce downstream flooding by controlling the discharge to Minnehaha Creek to a rate not exceeding the maximum carrying capacity of the creek whenever the Lake Minnetonka water.level is within the physical limits of control. To reduce flooding on the lake by stabilizing lake levels between the elevation of the low point on the previous fixed weir and the Ordinary Hig~ Water level. To reduce flooding, on the lake and downstream, by temporarily increasing discharges to accommodate predictable and large volumes of runoff into Lake Minnetonka prior to the time such runoff occurs. To provide discharges, during and/or following dry periods, comparable to discharges that occurred historically under similar lake level conditions such that the detrimental effects of creek flow'stagnation are not aggravated as a result of operating procedures. ~ To enhance recreation, wildlife survival and aesthetics, when feasible and consistant with the management policy, by augmentation of creek flow beyond the time discharges from Lake Minnetonka have historically ceased. To improve or maintain conditions on the lake and the creek, at a given lake~level elevation, over those which existed prior to construction of the control str~cture. SECTION III. OPERATING PROCEDURE The headwaters control str~ctare is operated in accordance with this section to accomplish the management goals in SECTION II. 2 of 9 The operating procedure requi, res discha.~ges to occur within the limitations of established discharge zones described as a function of the Lake Minnetonka level. The ranges of discharge defined by these zones are necessary realizing the numerous considerations which must be taken into account during operation of the structure. The discharge zones are based upon sound hydrologic principles and are designed to achieve, to the greatest extent possible, the management goals identified in SECTION II. The attached exhibit shows the discharge zones and their corresponding permissible discharge rates. The lowest heavy line across the base of the graph at elevation 928.7 and 928.6 represents the minimum lake level elevation at which discharge can occur. No discharge is permitted whenever lake levels are lower than this elevation. This is similar to the effect of the previous fixed weir which had an approximate low point elevation of 928.6. When the lake level is above this elevation, a discharge will occur subject to the conditions outlined in this section. Between lake level elevations 928.6 and 930.0 discharge to Minnehaha Creek will vary. In general, discharge rates will increase as the lake level increases. However, this is not a direct or linear relationship. The discharge is dependent not only upon lake level elevation, but the time of year, climatic conditions, the variable carrying capacity of the creek and other considerations. The discharge zones are defined by minimum required and/or maximum allowable discharge rates over a specific time period and lake level range. These zones are described in SECTION III.A below. The heavy horizontal line at elevation 930.0 represents'a lake level above which high water will be reduced to the maximum practicable extent. Lake levels and discharge cannot be controlled by the structure ~at lake level elevations above 930.0. Under these circumstances, resulting discharge to Minnehaha Creek is comparable to that which occurred under similar conditions with the previous fixed weir. During the winter months, which are. not shown on the attached exhibit, no discharge is permitted. Stop logs 'are installed during the late fall, prior to ice-in when the lake level elevation is near 928.6. The discharge control gates are then lifted out of the water to prevent ice damage. If the lake level rises after that time, additional stop logs are installed as necessary to prevent overflow discharges. The stop logs are removed in the spring as soon as ice conditions allow and the discharge control gates are again made operational. A. Discharge Settings and Adjustments The discharge settings and adjustments between lake level elevations 928.6 and 930.O.are described as zones of control in the following paragraphs. 3 of 9 /??? Zone 1 - Maximum Creek Carrying Capacity To effectively respond to high lake levels, rapidly increasing lake levels and/or changing creek conditions the maximum allowable discharge rate is required whenever the lake level is'within the elevation range of 929.6 to 930.0. The maximum allowable discharge rate will vary. It is d~fined to be that rate of discharge when combined with direct runoff and other inflows'~to the creek downstream, that will achieve but not exceed the carrying capacity of the creek. The carrying capacity of the creek is considered to be the maximum flow that can occur without damage to buildings. ~. The maximum allowable discharge rate will be ~maintained as necessary until the lake level has receded below elevation 929.6. Zone 2 - No Discharge to Maximum Creek Carrying Capacity Discharges ranging from zero to the maximum allowable discharge rate are permissible in this zone. Normally, when the lake level is below 929.2, only low discharges will be allowed. As the lake level approaches elevation 929.6, up to the maximum allowable discharge can occur. In an extreme case, when high lake levels and subsequent unrestricted discharge and flood'ing are predictable due to spring snowmelt, the maximum allowable discharge rate will occur at lake levels below elevation 929.2 to reduce immenent high water conditions. This discharge will occur only when it can be documented with reasonable accuracy that the water content of the snow pack in the upper watershed could exceed available storage capacity on the lake. Zone 3 - 150 CFS to Maximum Creek Carrying Capacity In the late summer and fall, 150 cfs up to the maximum allowable discharge rate is permissible provided the carrying capacity of Minnehaha Creek is not exceeded. This will increase the capability to reduce an excessively high fall lake level and provide adequate storage capacity for spring snowmelt. Zone 4 - 150 CFS Maximum A discharge rate of up to 150 cfs is allowed, provided the carrying capacity of Minnehaha Creek is not exceeded whenever the lake level is in this zone. Typically, the discharge rate will be less than 150 cfs unless the lake level is near the upper limit of this zone. 4of9 This elevation range, over the time period specified on the attached exhibit, is considered to be desirable for Lake Minnetonka levels. When the lake level is within this zone, conditions will be optimum for recreational use, water quality and aesthetics both on Minnehaha Creek and Lake Minnetonka. When the lake level remains in this elevation range, the management goals identified in SECTION II will be realized. Zone 5 - Base Flow Discharge Base flow discharge is required whenever the lake level elevation is within this zone. The purpose of base flow ' discharge is to reduce the detrimental effects of creek flow stagnation during dry periods. The base flow discharge zone is designed to assure that a volume of water will be discharged that is approximately equal to the volume discharged by the previous fixed weir considering similar low lake levels. When lake levels are within this zone, base flow discharges will occur subject to the conditions below: The cumulative volume of water discharged for this purpose shall nOt exceed approximately 3,000 Acre-Feet in any single open water season. To the extent that discharge measurement accuracy allows, base flow discharges will occur at a rate of approximately 12 cfs. It is expected that during most open water seasons the lake level will exceed the limits of this zone. Under these conditions, discharges will equal or exceed the specified base flow discharge rate. Zone 6 - No Discharge When the lake level is below elevation 928.7 from ice-out until mid-October, or below elevation 928.6 after mid-October, no discharge is permitted during the open water season· Zone 7 - Unrestricted Discharge Whenever the lake level exceeds elevation 930.0, which is the crest elevation of the reconstructed fixed weir, unrestricted discharge will occur. Resulting discharge will be comparable to that which would have occurred over the previous fixed weir. When the lake level recedes to elevation 930.0 or below, discharge will again be limited to the carrying capacity of the creek. 5 of 9 B. Data Collection and Discharge Adjustment Procedures · Field data shall be collected and discharge adjustments at the Headwaters Control Structure shall be performed in accordance with this section' to implement the policy identified in SECTION I. MANAGEMENT POLICY. B.1 Need for Creek Water Level Data From Downstream Municipalities The Managers believe that for the first years of operation, frequent reports of actual creek elevations in each of the municipalities should be forwarded to the Managers. This creek elevation data will allow the Managers to properly adjust the control structure to achieve the MANAGEMENT GOALS. Because. conditions can vary between reaches of the creek, the Managers request each.-of the five creekside municipalities to regularly record creek elevations on a weekly schedule at the following critical reaches and report the readings to the District's Engineer: .- C~ty Location Minnetonka 1-494 culverts C.S.A.H. No. 5 Hopkins C.S.A.H. No. 73 (upstream and down- stream sides) St. Louis Park Edina W. 37th Street Excelsior Boulevard Millpond at Browndale W. 56th Street Minneapolis Park Board Upton Avenue Logan Avenue (upstream side) Chicago Avenue Cedar Avenue Longfellow Pond Frequency Friday, Monday and Wednesday Wednesday April 1 - June 1 June 1 to end of flow Reportin6 Each city is requested to report weekly the elevations recorded on the preceding reporting week (Friday, Monday and Wednesday) by telephone on each Wednesday by 2:00 p.m. to the 6 of 9 District's Engineer, E. A. Hickok and Associates, 473-4224. Each city is requested to promptly confirm elevations recorded in writing on forms supplied by the District's Engineer. B.2 Lake and Creek Data Collected by District-Engineer The District's Engineer shall collect the following data: Data Inflow to Lake Minnetonka from Painter Creek, Six Mile Creek, Gleason Creek and Long Lake Creek Lake Minnetonka Level Discharge rate through control structure Creek flows at all critical reaches identified in Paragraph B.1 (based on rating curve) (Other data is collected as part of the District's long-term hydrologic data program.) Frequency Friday, Monday and Wednesday April 1 - june 1 Wednesday after June 1 B.3 Analysis and Reporting of Data On Thursday of each week, the Engineer shall analyze all data assembled and submitted by the cities and his office for the prior reporting week (Friday, Monday and Wednesday) and shall transmit a written report and analysis of that data to the Managers on Thursday. The report shall identify the adjustment, if any, of the discharge through the control structure that will be implemented on Friday for the week commencing Friday. The adjustments shall be designed to achieve the MANAGEMENT POLICY and GOALS within the range of control identified in SECTION III. OPERATING PROCEDURE. The Engineer's report shall state the Engineer's reasons for the adjustments to be made. B.4 Implementation of Recommended Action The Engineer shall implement the adjustment by 4 o'clock p.m. on ~riday after the Thursday report is made. Prior to making the adjustment, the Engineer shall contact the most senior available Manager by telephone to review the data and his reasons for the adjustment. 7of9 B.5 Frequency of Discharge ~d~.ustment Gate changes shall be made weekly on Friday, when required, and shall remain unchanged until the following Friday, except where emergency adjustment is made under Paragraphs B.6 or B.7 below. B.6 Emergency Adjustment The Engineer shall have the authority to change the discharge between regular adjustments where immediate change is necessary to reduce or avoid significant risk to safety or damage to property which would likely result if the change is not made. The Engineer shall p~omptly communicate all such emergency adjustments to the Managers and to all affected municipalities. If sudden conditions produce high creek discharges and it is feasible to store water on the lake for 12 to 48 hours, gates will be closed to allow creek· flows to abate. The Engineer shall develop a monitoring program to assist him in promptly reacting to extreme rainfall events. B.7 High Water Conditions on Minnehaha Creek When high water conditions ~re reported or predicted on Minnehaha Creek, the Engineer for the District shall promptly investigate the reported or predicted high water condition and determine whether adjustment cau be made in the discharge through the control structure that would reduce the high water condition. If adjustments' can be made that are consistent with the MANAGEMENT POLICY, the Engineer shall promptly make such adjustments ~ are appropriate to reduce downstream high water conditions as soon as possible. (Paragraph B.7 adopted September, 1980). B.8 ~erating Personnel The District will enter into a contract with another governmental agency to provide operating personnel. Movement of the gates is by cable hoist activated by handwheel and gears. Employees of the contracting agency will handle minor maintenance and repairs when required. The operators will make regular trips to the site as directed by the District's Engineer. B.9 Monthl~ Summary of Data Not later than the lOth of e~ch month, the District's Engineer shall prepare.a summary of all data received and analyzed by his office, including adjustments made iu the discharge rate during the prior month. This summary shall be distributed to the Managers, the c~eekside and lakeside municipalities, the Board of County Commissioners of Henneptn and Carver Counties and shall be available to interested persons. 8of9 aseociat[on of metr. oj oJtt,.an munlclpalll'lee BULLETI N July 6, 1982 TO: FROM: RE: METROPOLITAN AREA'CITY OFFICIALS Vern Peterson, AMM Executive Director SURFACE WATER MANAGEMENT ACT SEMINAR AUGUST 6, 1982 The AMM, as an aid to city officials, is co-sponsoring a seminar on implementing the Levi-Merriam Surface Water Management Act of 1982 (Minnesota SessiOns Laws. 1982, Chapter 509). This Act has important ramifications for all cities in the 7-Cougty Metropolitan Area and the purpose of the seminar is to provide local officials with the necessary information to implement this program efficiently. The seminar is designed to provide that information in a comprehensible manner, so that local officials will be aware of the requirements, options and flexibility provided for in ChaPter 509. As you will note from the enclosed program, the seminar should be of interest and usefullness to elected officials, city administrators, city attorneys, planners and engineers. THIS SEMINAR IS OPEN TO ALL CITY OFFICIALS IN THE METROPOLITAN AREA AND WE REQUEST THAT THE AD~IINISTRATIVE OFFICIAL RECEIVING THIS INFORMATION COPY OR' INFORm{ THE'APPROPRIATE OFFICIALS IN YOUR CITY. ADVANCE REGISTRATION BY JULY 30th. IS REQUIRED. TH.~NK YOU. Note: Also enclosed is a copy of a letter from the Minnesota Department of Revenue which clarifies the special levy authorization contained in Chapter 509. 183 university avenue east, st. paul, minnesota 551 O1 (612) 227-5600 STATE OF MINNESOTA DEPARTMENT OF REVENUE CENTENNIAL OFI=ICE BUILDING SAINT PAUL, MINNESOTA 55145 P,ONE. (612) 296-2246 May. 27, 1982 Roger Peterson Director of Legislative Affairs Association of Metropolitan Municipalities 183 University Avenue East St. Paul, M~nnesota 55101 Dear Mr. Peterson: Your letter dated April 28, 1982, addressed to Clyde E. Allen,' Jr., Commissioner of Revenue, has been referred to me for response. The questions you raise con- cerning watershed management in the metropolitan area have been discussed with Mr. Allen, as well as with Dennis Erno, Assistant Commissioner and with Wallace O. Dahl, Director of the Local Government Aids and Analysis Division. The provisions of Laws 1982, Chapter 509, Section 23, concerning watershed management in the metropolitan area, are~rather.difficult to interpret. The Department of Revenue's understanding of the levy authorizations contained in these provisions can perhaps be best explained by the following table: Levy Purpose Planning Projects Maintenance Levy Authorization ~6unif6~S-, cities and Towns Amount needed. No limitation. Amount needed. No limitation. Amount needed. No limitation. Watershed Districts Amount needed. No limitation. Amount needed. No limitation. No limitation through payable 1984. Subject to limitations under Chapter 275 for taxes payable in 1985 and thereafter. If you ha~e any further questions, please feel free to contact me. Very truly yours, RICHARD B. GARDNER Senior Research Analyst Local Government Aids and Analysis Division RBG:mac AN EQUAL OPPORTUNITY EMPLOYER AGENDA Minnehaha Creek Watershed District July 15, 1982 St. Louis Park City Hall 7:30 p.m. 1. Call to order; present, absent, staff. 2. Reading and approval of minutes of regular meeting 6/17/82. 3. Approval or amendment of July 15, 1982, agenda° 4. Hearing of permit applications. A® 79-34 Pflaumwell Development Co. - revised grading and drainage plan for "Tealwood," a multi-unit residential development in Long Lake. B. 81-38 Centurion Co. - grading and drainage plan for "Auburn So.," a multi-unit residential development in Hopkins. 82-38 Bea¢'hside Developers - grading and drainage~ plan for a 5 lot single family and duplex subdivision, Lost Lake area of Mound. 82-42 City of Minnetonka - utilities and street construction at Meadow Lane West, Minnetonka. 82-51 Kent E. Swanson - rip-rap shoreline erosion protection on Casco Point, Carman's Bay, Orono. F® 82-52 Mike Maloney/B.J. Lutz - grading and drainage plan for a 4 lot duplex subdivision in Minnetonka. John M. Stone - aluminum retaining wal% - > shoreline erosion protection{ Harrison Bay, 82-53 - 82-54 James W. Rafferty - aluminum retaining - shoreline erosion protection, Harrison Bay, Mound. J 82-55 Carver County - floodplain development for Lake Minnewashta Regional Park public access, Chanhassen. 82-56 City of St. Bonifacius - utilities and street construction for the extension of Tower Street, St. Bonifacius. 82-57 John Hrkal - fill on private lot, drainage improvements, Plymouth. L. 82-58 Tim Foster - beach sand blanket, weed removal on south shore of Christmas Lake, Chanhassen.~ M. 82-59 J. Nicholas Ruehl - lake setback variance for private residence, Gideon's Bay, Excelsior. N. 82-60 Harrison Shores/A Partnership - fill in the floodplain to develop buildable lots, Mound. 5. Correspondence. 6. Hearing of requests for petitions by public for action by the Watershed District. 7. Reports of Treasurer, Engineer and Attorney. A. Acting Treasurer's Report - Mr. Thomas (1) Administrative Fund Report B.' Engineer's Report - Mr. Panzer (1) Headwaters Control Structure Management Policy and Operation Procedures - final draft dated July 8, 1982 (2) Upper Watershed Improvement Project/Painter Creek workplan - status report (3) Upper Watershed Lake Level Monitoring - status report (4) Minnehaha Creek Channel Improvements at West 44th Street - CP-7 status report (5) Water Maintenance and Repair Fund (6) Minneapolis/MCWD Creek study - status report (7) Informational Items C. Attorney's Report - Mr. Macomber 8. Unfinished Business. A. Rule and Regulation Revision B. District Initiated Maintenance Projects C. Bridge Obstruction D. Draft Permit Application Guidelines 9. New Business. 10. Adjournment. -2- .) JULY 1982 The July CHAMBER GENERAL M~ING will be held on the 21st at the Minnetonka Mist. 11:30 - Social, 12:00 - Lunch. Please call reservations in to the Chamber office by July 19th (472-6780). Remember to share the Chamber experience with a friend or business associate. President' s Letter: ,~ Your General Chamber Meetimg of June 23 was an excellent example of "grass roots" Chamber activities. The members received a report fr~m Don Brandenburg, Westo~ School Administrator, as to the status of the Con~tmity Services Building as a rental space. The thoughts and policies of the school board and administration were explained. The problem of exit and entry to Anthony's Floral was considered. Steps are being taken with Hennepin Coumty, by your Chamber, and action is being developed to help Eva and Tony correct this .problem. Mayor Lindlan gave the position of the City of Mound in opposition to the rate in- crease Continental Telephone Company is proposing. The telephone company repre- ~e~tive stated their position. These are examples of how our members, by attending the monthly general meetings, can be better informed about the facts and bec~me involved in ouz Westonka C~a~'~nity. Ail. our "Chamber Pots" are out. Audrey Schultz and her team have placed 145 flower barrels in our c~ity. They add a lot of color and indicate pride in our Westonka area. Thank you, Audrey! Chic. R.~en, our new ~.xecutive Director, gave her acceptance address to the group. She stated her philosophy Md her feelings for our Westonka Chamber. I look for- ward to a great working relationship with Chic! As a matter of fact, I strongly feel Chic's conments were so meaningful, that I would like all of you to be aware of them - the text of her address is as follows (now pay attention and read s-l-ow-l-y): Jerry Longpre, President Manager ' s Corner: I would like to invite you to accompany me as I embark on a new adventure. A journey for me has a special meaning. We, the Westonka Chamber of Ccmmerce, are on the threshold of becoming a dynamic, uniting force within our c~-~nities. Such successful programs, as last year's retreat, this year's Operation Clean Sweep, the Chamber Pots Program, and Music By the !rake are evidence of the Chamber's impact. As we develop and grow, local merchants and businesses can hope to benefit from even more programs and activities. The current Board of Directors envisions the Westonka Chamber as a rallying point for all its local business people. This Chamber can become as dynamic as its Page 2 erS within the comuunities declde they want to make it. Most of the machinery t this Chamber in motion has been consistently oiled by a devoted hand~ of members. Many residents and b~sinesses have benefited from these peoples' effortS. We are at a point where the basiness cc~anity, in general, mast decide whether to begin to really' a~tively support the Chamber's efforts to improve the ¢om=onity' especially the basiness climate. ~ You and your fellow bas£ness people have, at your fingertips, the apparatus to really make this area ¢cme alive, and that' s where the adventure begins ! I will be out in the coamtmity spreading the word; however, I am only one person and this could beccme a lonely journey without your enthusiastic support and assistance. The question I hear all to often is, '~4ell, what can the Chamber do for.me?" The answer, of course, is that this Chamber will become the bets efforts. I would like to give you a quote from the Chamber of Commerce of the United States 1982 Annual" Report. -'~fhe Mission of the U.S. Chamber is: to advance human progress through an economic, political, and social system based on individual' f~eedom, "ih~tive;' i~iti~tive;-6pp6~t~ity, and' .kespon~ibilitT." That's a mouthful. When I read this credo, I realized that the terms: individual freedom, incentive, initiative, opportunity, and responsibility 'epitomize our Westonka c~,,~nity. The very bedrock of our area is the independent business person. To those of you who are here_tonight, I ask for only one thir~ - lets dven 1 make the commitment to take the initiative and responsibility to make this tore a resounding sUCcess. Chic Remien, Chamber Manager It was with great' pleasure that the WestonkR Chamber named George Stevens, owner of M'oimd Super Value, as .its June Member of the Month. · Paul Pond, in his presen- tation speech, at the June General Meeting, mentioned many of George's c~u;~nity contribations including his sponsorship of Operation Clean Sweep Breakfast and unflagging support of our Westonka senior, citizens. G~org's generosity and wa~nth can be an inspiration to all of us. Paul' Pond advises us t~t' the"~' General 'Meeting 6f the Downtown Advisory Council will be July 15 at the Mound City offices - 7:30. If you can't make that meeting, the Chamber will be sponsoring a special informational evening gathering for the general public on July 28 at 7:30 in the School Board meeting room. At that time, the citizenry at large is invited to come and familiarize itself with the Downtown Advisory Council's proposals for renovating and up- grading downtown Mound. Landscape examples and other demonstrations will be displayed. Don't forget: Crazy Days Incredible Festival (Our Lady of the Lake) Golf Day July 15 - 17 July 31 - August 1 August /&Il ~~A~BEK B~LL SUPPORT YOUR LOCAL MERCHANTS! NoWhere else but "' o can you get crazy deals like these: league of minnesota oities. Jul~ 12, 1982 TO: FROM: RE: City Clerks of~M~m~r Cities A. Sl~ecutive Director Donald Regional Meetings Enclosed is our letter of invitation from the League to your city concerning the 1982 Regional Meetings. Please copy and distribute it ~o council members and department heads. Thank you! DAS:rmm gnc. 183universiCyavenueeasC, st, paul, minnesoCa 55101 (61 2) 227-5600 league of minnesota oities July 12, 1982 LEAGUE REGIONAL MEETINGS TO: Ail Member Officials (c/o City Clerk) This letter is to alert you to the 1982 series of regional meetings sponsored by the League, so that you will be able to make arrangements to attend. The traditional fall regional meetings of'the League of Minnesota Cities will begin about a month earlier .this year to enable officials to apply the knowledge gained at the meetings to their tax levy budgeting process. The experiment was suggested by many local 'officials in the southern part of Minnesota where the fall meetings usually concluded in early October, thus making it difficult to apply the knowledge gained to. their current year's budget process. · 1982 meetings will be held in 13 outstate cities and one metro community beginning August 17 at Karlstad and concluding at Maplewood on September 16. Afternoon sessions will be held at each site from 2:30 - 5:00 p.m. for clerks and finance officers and other officials interested in the administration of their cities. An on-site demonstration of computer utilities billing and word-processing will be featured at these afternoon sessions. The traditional "dutch treat" dinner will be at 6:30 p.m. followed by the identification and discussion of legislative issues and League legislative policies, and the usual question and answer session, with participation by legislators, candidates and members of several state agencies and the League staff. You are encouraged to attend the meeting with candidates from your district. (See attached sheet for date and location.) Nearer the date of your regional meeting your city will receive an official invitation and dinner reservation card from the host mayor in your area. It is important that you make a reservation with the host mayor. (OVER) 183univeesiCyavenueeasC, sC. paul, minnesoCa 55101 (61 2) 227-5600 League Member Cities - Regional Meetings Page two July 12, 1982 Should your city be unable to attend the particular meeting to which it is invited, please feel free to attend another nearby meeting; and let the host city know you are coming. A large representation from your city will insure a lively and profitable discussion. I will look forward to seeing, you there. Donald A. Slater Executive Director DAS:MCA:rmm Enclosures - Schedule of Regional Meetings Agenda Distribution-of Cities league of minnesota oities 1982 AGENDA LEAGUE OF MINNESOTA CITIES REGIONAL MEETINGS Afternoon Program* Thomas Thelen, Field Representative, presiding. 2:30 - 4:30 p.m. (with coffee break): Presentation on and demonstration of the Small City (microcomputer) Management Information System (for utility billing, budget/accounting). 4:30 - 5:30 p.m.: Round table discussion on items and problems of mutual interest. .Eyenin~ Program 5:30 - 6:30 p.m.: Social Hour (optional, check with host city as to whether a social hour will occur). 7:30 - 7:30 p.m.: Evening Meeting a) League'building completion report. b) Update on the city-state financial relationship. c) Explanation of the League of Minnesota Cities Legislative Action Program, including the policy development process and legislative district activities. d) Answers to questions about local problems of general interest by a League attorney and other League staff. 9:30 p.m.: Adjourn. NOTE: Copies of the most frequently requested League publications will be available. A different afternoon program will be given at the Maplewood regional meeting to be held in cooperation with the Association of Metropolitan Municipalities. 163univeesiCyavenueeast,.sC. paul, mimnesota 55101 (61 2) 227-5600 1982 REGIONAL MEETING SCHEDULE - PAGE TWO te Site Wednesday, September 1 Hutchinson, Crow Gary D. Plotz River Country Club City Administrator 37 Washington Ave. W. Hutchinson, MN 55350 ~-_ 612/587-5151 Thursday, September 2 Morris Edward R. Larson Sunwood Inn City Manager 609 Oregon Avenue Morris, MN 56267 612/589-3141 Tuesday, September 7 Rushford, Countryside Supperclub and Motel, U.S. 16 Gordon Hateli City Clerk Rushford, MN 55971 507/864-2444 Wednesday, September 8 Sleepy Eye Orchard Inn Edwin V. Treml City Clerk 108 Main St. Wo Sleepy Eye, MN 507/794-3731 56085 Thursday, September 9 Tracy, American Legion Club, Hwy. 14 James C. Hurm City Administrator Tracy, MN 56175 507/629-3460 Wednesday, September 15 Redwing St. James Hotel Dean Massett City Council Admr. Red Wing, MN 55066 612/388-6734 Thursday, September 16 *Maplewood Holiday Inn, 1-694 and White Bear Ave. Barry Evans 0! City Manager 1380 Frost Ave. Maplewood, MN 551 612/770-4500 *held in cooperation with the Association of Metropol~n MUnicipalities.