85-06-11 CITY OF MOUND
MOUND, MINNESOTA
AGENDA
MOUND CITY COUNCIL
REGULAR MEETING
6:30 p.M., TUESDAX, JUNE 11, 1985
COUNCIL CHAMBERS
RECONVENE BOARD OF REVIEW AT 6:30 P.M.
Approve Minutes of May 21, 1985, Regular Meeting
Approve Minutes of May g~,8, 1985, Board of Review
PUBLIC HEARING; On Application for Conditional Use
Permit to Operate a Minor Auto/Boat
Repair Business at 5542 Lynwood Blvd.
Blue Lagoon Marina - Case #85-423 -
Steve Pauly
Pg. 1332-1348
Pg. 1349-1351
Pg. 1352-1366
J~. PUBLIC HEARING; To Consider the Issuance of
"Off-Sale Beer License" to Christine
Malik Brickley & William Scott Brickley,
dba Mound Superette, 2222 Commerce
Blvd.
~.Consider Issuance of a Cigarette License for Mound
Superette, 2222 Commerce Blvd. Pg. 1370
/PUBLIC HEARING; To Consider the Reallocation of up to
$10,000 of CDBG (Community Development
Block Grant) Funds from the Tonka Plant
Reuse (Project #754) to a New Proposed
Downtown Beautification Program Pg. 1371-1381
~./ Comments & Suggestions from Citizens Present
Approval and Acceptance of 1984 City Annual Financial
Report (PLEASE BRING YOUR ANNUAL REPORT)
. Consider Quotations .for Installation of Storm Sewer
Pipe for Cambridge Lane. This is an unfinished part
/Rf the 1980 Street Project Pg.. 1382-1385
esolution Reconveying a Portion of Certain Tax Forfeit
Lands Back to the State and Requesting the County
0.Board Sell These Lands to the City of Mound Pg. 1386-1391
Announcement~of Variance Hearing Meeting on County Road
15 on June l~th, at 9:20 A.M. - State Transportation
Building in St. Paul Pg. 1392
Pg. 1367-1369
Page 1329
1/.Request Funding to Continue Showing City Council &
Other Important Meetings on Cable T.V. - Proposed
Cost - Maximum $2,600
~.An Ordinance Amending Section 26.01 of the City Code,
Adopting the Updated Minnesota State Building Code;
Providing for its Administration and Enforcement
1 No Parking Signs for Northern Road from Sandy Lane to
Northern Road Turnoff
4~.Resubmitted City Lease - RE: Use of Tonka Building
from Balboa Minnesota Co. (Changes Underlined)
.3~.Amending Purchase Agreement on Bakery Building -
Lynwood Blvd. Improvement Project
-t~.Payment of Bills
17. INFORMATION/MI,$~ELLANEOU$
Pg.
Pg. 1397-1400
Pg. 1401-1402
Pg. 1403-1407
Pg. 1408-1424
Pg. 1424-A-1424-0
Ae
Letter from City Engineer Regarding League of MN.
Cities Conference
Update & Resolution of Bartlett Blvd. Frost Boils
Update Letter from City Attorney on Dance Hall
Permits
Pg. 1425
Pg. 1426
Pg. -1427-1434
D.. News Clipping,-Mpls. Tribune RE: Water
Pg. 1 435
E. Continental Telephone Filing before the P.U.C.
Pg. 1436-1439
F. Mound "City Days" Update
Pg. 1440-1441
Announcement on Met Council Chairman's Meeting
June 25th
Pg. 1442
H. Letter from Hennepin County Regarding Composting Pg. 1443
I. Proposed Amendments League of Cities Constitution Pg. 1444-1449
J. Met Council Review - May 24, 1985
Pg. 1450-1451
K. American Legion Gambling Report - May
Pg. 1452
L. List of Government Training Service Programs
Pg. 1453-1454
M. Waste-Line Newsletter - May
Pg. 1455-1456
N. Letter from Congressman Sikorski
Pg. 1457-1458
Oe
Invitation to Hospitality Suite - League of Mn.
Cities Convention
Pg. 1459
Pg.lBBO
91
MI.NUTES
May ~1, 1985
REGULAR, COUNCIL, MEETING
~AY,~I, 1985
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on May 21, 1985, at 7:30 P.M. in the Council
Chambers at 5341Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Phyllis
Jessen, Gary Paulsen, Russ Peterson and Steve Smith.
Also present were: City Manager Jon Elam, City Attorney Curt
Pearson, City Planner Mark Koegler, City Engineer John Cameron,
Finance Director Sharon Legs, Building Inspector Jan Bertrand and
the following interested citizens: Audrey Evans, Laura Osborne,
Mary Ellen DeVinney, Kenneth Osborne, Rick DeVinney, Jim
Hendricks, Curt Berg, Eileen Berg, Judy Pike, Connie Kolden,
Russell Kolden, Mike Colbert, Tom Prokasky, Res Chambers, Jay
Gorton, Patricia"Dodds, Mary Perbix, Donald Holste, Richard
Clifford, Herman Kraft, Richard Hall, Donna Smith, John Schluter,
Bill Alexander.
The Mayor Op~oed the meetin~ amd welcomed the peop1~ ih
attendance.
councilBem~er paulsen to approve the Minutes of the ~B~ 1~,
unanimously in f~or. ~otiO~ carried.
Mayor introdUCed ~e SUbject and asked if 8By of the Council
~hed %0 Speak at this point.
~cil~e~ber Smith state~ that ~fter the hearing closes, he
probably propose that the existing Ordinance, Section 55.38
'epealed and would recommend reconsiderin~ the campaign/lawn
roposal that was recommended by the Planning CommisSion.
submitted cgpies of their proposal.
opened the hearing 8nd asked if anyone prese~ wished
the temporary electiOn si~n subject.
RENS, ~6z~ Island View Drive. Stated there were
in~s that bothered him about Section 55.38 B a.s it
May 21, 1985
Setback of 10 feet from the curb line. This ~S too
restrictive and would give the encumbant an advantage.
It was also not enforced during the school board
election.
Signs could only be erecte'd 28 days before election.
This denies the right of land owners to express their
opinions.
City Manager directing removal of signs. He stated he
feels the removal of the signs should be enforced by the
Staff, i.e. Building Inspector or Police Chief, not the
City Manager. This is another example of the government
trying to take away people's rights· Just like Pelican
Point, the Council had to go with the m~ndate of the
people.
He asked that the Council take these items into consideration
and repeal Section 55.38 B of the City Code.
Mayor Polston explained to Mr. Ahrens that the only St:afl person
the Council can direct ..(by law) is the City Manager.
BUZZ S¥CKS, 5900 Beachwood Road. Stated that he does not
agree with the Mayor. He concurs completely with Mr. Ahrens.
He further stated that he feel~ letting t,he~City Manager
decide whose sl~n stays and whose sign goes is setting up a
'dictatorship. The person whose sign is~in violation should
be contacted~ to remove it.
The Mayor asked if anyone else wished to speak with regard to the
campaign sign ordinance. No one responded... The Mayor then
brought the subject back to the Council and asked if any of the
Council wished to speak.
Councilmember Paulsen asked Mr. Ahrens if he felt there
should be a time limit the signs could be up and if so what
it was. Mr. Ahrens stated that he felt perhaps 60 to 90 day~
would be a good compromise, 28 days is too restrictive.
Councilmember Peterson~stated that there was no follow-u
the school board election signs because the ordinance
in the air and this meeting was pending. He fu,
mentioned that he knows there are specific cases whe
setback regulation would be too restrictive, therefo
changes need to be made in the ordinance.
Councilmember Jessen stated that she too could
would be problems with the setback regulation an
go along with amending that, but that she
strongly about erecting signs no more that 2~
before the election.
95
May 21, 1985
The public he~rin~ ~-~ eloped at the l st.m tin .
con$inuabion.
Smith moved and Peterson seconded the following:
ORDINANCE {~77
ORDINANCE AMENDING THE ZONING MAP MAKING
LOTS, 1, 2, & 9, BLOCK 13, THE HIGHLANDS TO
R-2 ZONING
Donna Smith stated that she is very happy that this motion
was made. She feels the R-2 will be an asset to the
neighborhood.
Rick DeVinney also stated that he is in favor of the R-2
zoning.
Councilmember Paulsen stated he does not agree with the R-2
zoning because it is spot zoning. He believes the most
consistent zoning for all three corners would be R-l, but he
realizes this will not be done.
A roll call vote was 3 in favor with Jessen and Paulsen voting
nay. Motion fails.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to send this item back to the Planning
Commission for them to consider rezoning the entire area (the
three corners of County Road 110 and ~S;4) from R-.3 to R-1.
Mayor Polston stated that he feels this motion to down-zone
the property on the three corners would be arbitrary and
capricious on the part of the City.
A roll call vote was 2 in favor with Peterson, Polston and
Smith voting nay. Motion fails.
Councilmember Peterson stated that at the last meeting he failed
to convince 4 members of the Council to vote for R-2 zoning and
thus would offer the following motion.
MOTION made by Co, uncilmember Peterson, seconded by
Councilmember Jessen to rezone the lots to R-3.
Councilmember Peterson then stated that he pledges to
restrict,building on these rezoned lots to single family
homes. Councilmembers Jessen and Paulsen agreed with
Councilmember Peterson's pledge.
A roll call vote was 3 in favor with Polston and Smith voting
nay. Motion fails.
Donna Smith stated it has always been her intention to have
single family dwellings on the lots.
May 21, 1985
Councilmember Jessen asked if the lots could be subdivided. Ms.
Smith answered yes but financially it was not feasible for them.
This would have to be done by a builder. She agreed this would
have been the best option, but also the most expensive.
Mayor Polston stated that because this land has been held in
single family ownership prior to t'he enactment of the zoning
ordinance he believes the Council could issue a variance for
construction of single family dwellings on Lots 1 and 9,~ because
he believes the City has done this before. The City Attorney
stated that the Council can grant a variance from 10,000 to 7,200
square feet if they wish, but it has nothing to do with how long
the property has been owned. The applicant has stated that Lot 9
has 6,230 square feet in R-1 and 1,020 square feet in R-B.
Polston moved and Smith seconded the following resolution:
RESOLUTION ~85-59 RESOLUTION TO GRANT A VARIANCE FOR
BUILDING A SINGLE FAMILT UNIT ON LOTS 1 &
9, BLOCK 13, THE HIGHLANDS
Mayor Polston'asked that the record show that the'reason he
made with motion is because the property has been in one
family ownership prior to the enactment of the zoning
ordinance.
A roll call vOte was unanimOusly in favor. Motion .carried.
CASE'
JOHN SCHLUTER., 4559 WILSHIRE BLVD. LOT SPLIT,
SUBDIVISION
The City Manager explained that this item was also carried over
from the last meeting because of a question as. to how and what
way should park dedication fees be applied to small lot
splits/subdivisions. The lot split meets all the requirements of
the zoning ordinance.
The Building Inspector pointed out that the Planning Commission
recommended approval with the condition that the boathouse
structure be relocated to meet all setbacks, but because the
building is a concrete and stone structure built into the side of
the hill, and would be virtually impossible to move, the Staff
recommends leaving it as is.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION ~85-60
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION AND APPROVE THE
FINAL SUBDIVISION OF LAND FOR METES AND
BOUNDS DESCRIPTION, MAKING THE PARK
DEDICATION FEE ZERO, PART OF FIRST RE-
ARRANGEMENT OF PHELPS' ISLAND PARK 1ST
DIVISION, PID ~19-117-23 13 0006 (~339
97
May 21, 1985
WILSRIRE BLYD. )
Mayor Polston stated that he has a real problem setting the
park dedication fee at zero, unless the Council wishes to
amend the park dedication fee ordinance. He stated that he
was on the Council when this ordinance was passed and his
recollection was that the Council did not want to collect
park dedication fees on every 1, 2, or B lot splits.
Therefore, he would like to see this ordinance amended to
exclude lot splits of 3 or less from paying park dedication
fees or charge some minimal amount such as SBO0.O0.
Couneilmember Paulsen agreed with Mayor Polston.
The City Manager explained that the Planning Commission is
now studying a new subdivision ordinance which would charge a
flat amount to minor subdivisions (3 lots or less), rather
than the 10% which would be charged on major subdivisions.
The City Manager stated that the applicant, in order to move
this item along, has agreed that $200 to $300 would be
acceptable to 'him as a park dedication fee.
The applicant stated that since the first of the January,
1984, there have been five subidivison requests that the
Council has approved with no park dedication fees.
Couneilmember Jessen stated that with the history that has
taken place she would support s zero p. ark dedication fee in
this case.
Mayor Polston stated that he could not support zero park
dedication without an amendment to the ordinance. The City
Attorney stated that if the Council approves this with no
park dedication fee, they will not be abiding by their own
ordinances.
Discussion on amending the ordinance and setting a fee.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Peterson to amend Resolution #85-60 to change
the park dedication fee from zero to $300.00 for each newly
created lot. The vote was unanimously in favor. Motion
carried.
The vote on the original resolution was unanimously in favor.
Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR MAY
The City Manager explained that the revised total is $2,040.46.
The Mayor opened the public hearing and asked if there was anyone
present who wished to speak regarding a delinquent utility bill.
98
May 21, 1985
No one responded. The Mayor closed the public hearing.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION $85-61 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2,040.~6
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
.P UBL. I C HEARING;
TO CONSIDER CONDITIONAL USE PERMIT FOR CLASS 2
RESTRAURANT (CHANGE FROM CLASS. 1), 5600 THREE
,POINTS,,, BLVD,
The City Manager explained that the Pizza Factory, next to PDQ,
would like to add a deli to their pizza business and therefore
needs to reclassify the restaurant from Class 1 to Class 2. This
basically means that the customers would be served food at a
counter rather than having food served at a table. The Planning
Commission has recommended approval. ~
The MayOr opened the public hearing and asked if there was anyone
present who wished to speak for or against this proposed change
in restaurant classification. No one responded. The Mayor
closed the public hearing.
Peterson moved and Jessen seconded the following~resolution:
RESOLUTION #85-62 RESOLUTION TO CONCUR WITH THE PLANNING~
COMMISSION AUTHORIZING A CONDITIONAL USE
PERMIT FOR PATRICK J. MC GINNIS, dba PIZZA
FACTORY, PID ~13-117-24 22 0017
Councilmember Smith stated that he would like to see the
following added to the conditions of approval in the
resolution: "to limit making no structural changes to the
building, no drive-up windows, no loud speakers, no external
aesthetics or landscaping or changes in access driveway; also
no sign changes unless addressed by the present sign
ordinance as the ordinance takes precedence".
The Mayor asked if the seconder and the maker of the motion
would agree with this language. Peterson and Jessen agreed.
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGKSTIONS FROM CITIZENS PRESKNT
The Mayor asked if there were any comments or suggestions from
the citizens present.
MOTION made by Councilmember Paulsen, seconded by
/$$ ?
May 21, 1985
Couneilmember Peterson to add Tom Rrok~k~ to th~
later this evening. The vote was unanimously in favor.
Motion carried.
PUBLIC DANCE (DAN~.E HA.LL.).~.ERMIT APPLICATION FOR CAPTAIN BILLY'S,
52~1 SHORELINE BLVD.
Mr. Bob Abdo, attorney for Captain Billy's, asked to be
recognized. He stated he was here to address the Council about
the Dance Hall Permit Application and the confusion that Mr. Bill
Alexander, President of Captain Billy's, has with respect to his
obligations and the companies obligations with regard to permits.
Mr. Abdo.explained that Captain Billy's contention is that he has
an Entertainment Permit and a Dinner Dance Permit and that he
does not need a Dance Hall Permit because any dancing done would
be in conjunction with his Dinner Dance Permit. Further that he
is not charging the public to dance but is charging a cover
charge to cover the cost of the entertainment. Captain Billy's
has a 12 foot by 12 foot dance floor and he cannot understand why
he would have to employ a police officer as the Dance Hall
ordinance and thk State Statues states when he feels he is
operating under the Dinner Dance Permit and the Entertainment
Permit. Mr. Abdo further explained that Mr. Alexander served in
the Army and was traihed as an MP (military police office),
consequently he~ has securty training.
Mr. Abd0's request is that the Council determine that with the
activities going on at Captain Billy's it is properly licensed
and does not require a Dance Hall Permit.
The City Attorney stated that the there are two separate kinds of
dance permits. The Dinner Dance provision is questionable where
liquor is served. This ordinance was adopted in 1975 or 1976 and
was modeled after the Spring Park ordinance, where dancing in
liquor establishments was in doubt. But the section that came to
the Police attention, is where Captain Billy's is charging to get
into the establishment and the statute could not be more clear
where is states that if you are charging admission, directly or
indirectly, and dancing is allowed, you have a public dance. His
opinion is that there are clearly 2 separate dance permits. One,
Dinner Dance where you go and eat and music is playing, but it
incidental to the eating. Two, is just exactly what Mr. Abdo has
talked about, bringing in a big band and incurring expense, wh.ich
even if you considered this a concert would be treated under the
present ordinances as a public dance.
Mr. Abdo asked what an Entertainment License. The City Attorney
read the applicable ordinance ~38.05. Mr. Abdo stated that he
felt Captain Billy's falls under this license. The City Manager
explained that where the problem came in was that he was allowing
dancing and charging a cover charge. Dancing seems to be..the
problem.
100
May 21, 1985
Mr. Abdo explained that it is his understanding that Captain
Billy's is not providing the bands for dancing but for listening
because their facilities are not set up like a dance hall.
The City Attorney explained that the City's Liquor Licenses are
set up so that hard liquor is sold in'eon junction with the eating
of food, not with concerts or shows. He pointed out that having
a restaurant requires so many parking spaces. When you have a
concert it requires many more spaces than are available or
required for an eating establishment.
The City Attorney stated that when the ordinance was passed it
was on the Police Chief's recommendation at that time that his
officer's not be allowed to work in a place which serves
intoxicating liquor because of the potential conflict of interest
this could cause. Police Chief Harrell explained that this was
his attitude also. The Mound ordinance is more strict than the
State Statute in that it says the proprietor will pay a Mound
Police Officer and the State Statute says the Police Chief can
designate someone to be present at these public dances.
Mr. Abdo suggested changing the ordinance to be more in line with
the State Statute so this does not come up with someone else.
The Mayor stated that what .is before the Council at this time is
whether to issue a Public Dance Per'mit or not.. Or the Council
can amend the ordinance with regard to a public Officer.
The City Attorhey suggested that before the Council make a
determination they check with some other municipalities, such as
Spring Park, on the problems they have had with Public Dance
Permits. :
Mr. Alexander stated that he has a nice place and does not want
any rowdy customers. He is trying to attract people who want
reasonable food at a reasonable price and he just wants to
upgrade it. He state he believes the cover charge helps this
cause not hinders it.-
Mayor Polston stated that the Council has to follow its
ordinanees..and cannot change those ordinances to fit one
particular situation or person.
Mr. Abdo requested that the Council amend the Dance Hall
ordinance to more closely follow the State. Statute in allowing
the Police Chief to designate someone to cover these dances other
than a Police Officer.
Mayor Polston stated that until the Council receives some
clarification from the Attorney General on who an "officer of
the law" or a "public officer" are under the State Statute, this
issue seem~ to be at an impasse. Mr. Abdo disagreed and stated
he felt the Council could adopt the language in the State Statute
101
May 21, 1985
and then get the opinion on the terms. Then the Council e0ul6
allow Captain Billy's to operate.
Mayor Polston stated that his other concerns are with the zoning
aspect. Under the Conditional Use Permit, concerts were never
mentioned or considered when it was approved. Mr. Abdo stated
concerts are not what they are here for, it is a Dance Hall
Permit.
Couneilmember Peterson asked how the 300 capacity of Captain
Billy's will impact on the parking facilities. Mr. Alexander
stated that he does not start his entertainment until 8:00 P.M.
or later-and by that time the patrons of the supermarket are thru
shopping, the liquor store is closed and the entire parking lot
is virtually his after 9:00 P.M. Councilmember Peterson asked
how many parking spaces are at the center. Mr. Alexander
answered that he thought in excess of 200.
The City Attorney pointed out that when Mr. Alexander was granted
his Conditional Use Permit, that the lot to the east was
designated as overflow parking and if there was any kind of
problem the owner of the center would have to do something. His
recollection was that the operation was marginal as far as
parking spaces. The City Planner reminded the Council that the
parking requi'rements were based on the restaurant seating
capacity 160 not the total fire rated capacity of the building.
The Mayor stated this may require the Conditional Use Permit to
be amended. :
Mr. Alexander stated he did not think the parking has been a
probl em.
Couneilmember Paulsen stated he would be in favor of an
ordinance prohibiting dancing when a cover charge is charged.
Mr. Alexander stated he did not feel this was an option. He
feels he is charging the cover charge to cover the expense of the
band not for dancing.
The Mayor stated that he can have the band, dancing and eating
under the Dinner Dance Permit, but he cannot charge a. cover
charge.
Couneilmember Peterson asked if Captain Billy's wants a Da-nee
Hall Permit. Mr. Abdo stated yes.
MOTION made by Couneilmember Peterson, seconded by
Councilmember Paulsen to issue a Public Dance Permit to
Captain Billy's with the present ordinances to apply. Mayor
Polston stated that this means there will be a Police
Officer in attendance if there is dancing and it will be
subject to approval of the Mound Police Chief. The vote. was
unanimously in favor. Motion carried. ~
102
May 21, 1985
The City Manager reminded the applicant that he will have to
notify the Police Chief of their intentions as far as dancing is
concerned.
The Council directed the City Attorney to research the State
Statute as to the meaning of "public' officer" or "officer of the
law" and return this information to the Council.
The Dance Hall Permit will expire on January 31, 1986.
The City Attorney pointed out that the, Council has in effect
amended Captain Billy's Conditional Use permit by allowing him a
use that is over and above the Conditional Use Permit that has
been granted.
The City Manager pointed out that the Staff is spending an
inordinate amount of time monitoring Captain Billy's operation.
i.e. parking lot use, checking if he has a Police Officer when
dancing is going on, checking to see that he does not have more
people inside than the Fire Marshal will allow, etc.: Mayor
Polston stated that we may have to look at increasing the fees
for this type of permit to cover the extra work involved in
monitoring.
Discussion on the parking ~requirements in the Conditional Use
Permit which only allows 52~ spaces for Captain B.illy's. The"City
Manager stated that the City will monitor the number of spaces
that are used and ~'hen the City will know if the CUP needs
amending. The' Council told the Applicant that he should
communicate what their intentions are with respect to the parking
and activities before they do it.
Councilmember Jessen left the meeting at this point.
MISCELLANEOUS LICENSE & PERMIT RENEWALS
The following licenses and permits were presented for renewal.
They all expire on June 30, 1985. New license period is from
July 1, 1985 to June 30, 1986.
Off. Sa~9 ·Be,er
A1 & Alma's
Grimm's Store
PDQ Food Store
Steven's Market
O.n, Sa.le Liauo~
Donnie's on the Lake
Captain Billy's
Set-Ups
A1 & Alma's
pn-Sale Beer
A1 & Alma's
House of Moy
Club LicensD
American Legion #398
VFW #5113
Sunday Liouor
Donnie's on the Lake
Captain Billy's
103
May 21, 1985
Annual D.in,,ner D. an~.e
Captain Billy's
Wine
A1 & Alma's'
House of Moy
,F,~sh,,Fr¥-June ~1 to 23, 1985
Mound Volunteer Fire Dept.
Charitable Beer Permit & Set-Ups
MOTION made by Councilmember Smith, seconded by
Councilmember Peterson to authorize the renewal of the above
licenses as presented. The vote was ~ in favor with
Councilmember Jessen absent and excused. Motion carried.
ORDINANCE'AMENDMENT SECTION ~,16, SUBSECTIONS G & J, & ADDING
SUBSECTION,, F TO SECTION 20.03
The City Manager explained that this is the ordinance in its
formal state as submitted by the City Attorney and presented to
the Council several weeks ago.
Paulsen moved and Peterson seconded the following:
ORDINANCE t~77
AN ORDINANCE AMENDING SECTION 6.16,
SUBSECTIONS (g) AND (j) OF THE CITI CODE
RELATING TO WATER CONNECTIONS; AND ADDING
SUBSECTION (F) TO SECTION 20.03 RELATING TO
SANITARY SEWER CONNECTION
The vote was 4 in favor with Councilmember Jessen being absent
and excused. Motion carried.
CANCEL ASSESSMENT ON TAX FORFEIT LAND - LOT 3, BLOCK 2, WESTWOOD
The City Manager explained that this is a tax forfeit lot that
Mr. Drey wishes to purchase (it adjoins his property), but it has
a large street assessment on it in the amount of $4.973.47 and
since the lot is unbuildable because of the deep ravine in it he
would like the assessment cancelled. It is an eyesore and
collects people's junk. By selling the lot to Mr. Drey it would
be put back on the tax roles.
Councilmember Paulsen stated that he has checked into this lot
and has found that to fill it in would be financially .not
feasible so he would agree with the recommendation to cancel the
assessment --
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION ~85-63
RESOLUTION CANCELLING LEVY ~8297, IN THE
AMOUNT OF $q,973.47 ON LOT 3, BLOCK 2,
WESTWOOD (FID ~23-117-2~ 23 O01~),,AND
REOUESTING THE COUNTY BOARD TO IMPOSE
CONDITIONS ON THE SALE OF SAID TAX FORFEIT
104
May 21, 1985
LANDS AND TO RESTRICT THE SALE TO OWNERS
OF ADJOINING LANDS
The vote was 4 in favor with Councilmember Jessen absent and
excused. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Councilmember Paulsen, seconded by Mayor
Polston to approve the payment of bills as presented on the
pre-list in the amount of $73,500.91, when funds are
available. A roll call vote was ~ in favor with
Councilmember Jessen being absent and excused. Motion
carried.
PETITIQN FOR LOCAL IMPROVEMENT; WAIVER OF HEARING;, RESOLUTION
DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC
IMPROVEMENT: RESOLUTION ORDERING. THE IMPROVEMENT AND,, PREPARATION
OF PLANS AND SPECIFICATION; APPROVAL OF LOW BID FOR PROJECT:FOR
PORT HARRISON TOWNHOMES/CATAL¥ST, PROPERTIES~ INC. (JOHN NELSO~
Peterson moved and Polston seconded the following resolution:
RESOLUTION ~85-6~ '. RESOLUTION DETERMINING THE: VALIDITY AND
SUFFICIENCY OF PETITION FOR PUBLIC
'° IMPROVEMENT (PORT HARRISON TOWNHOMES)
The vote was 4 in favor with Councilmember Jessen being absent
and excused. Motion carried.
The City Manager stated that the City Engineer has reviewed the
plans and specifications and has recommended approval.
Peterson moved and Smith seconded the following resolution:
RESOLUTION #85-65 RESOLUTION ORDERING THE IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE SEWER AND WATER IMPROVEMENTS FOR
.. PORT HARRISON TOWNHOMES
The vote was 4 in favor with Councilmember Jessen absent and
excused. Motion carried.
Peterson moved and Smith seconded the follow'lng resolution:
RESOLUTION ~85-66 RESOLUTION APPROVING THE ID OF VOLK
EXCAVATING IN THE AMOUNT OF ~ FOR
PORT HARRISON TOWNHOMES SEWER AND WATER
P ROJ ECT
The vote was 4 in favor with Councilmember Jessen absent and
/3
104
May 21, 1985
LANDS AND TO RESTRICT THE SALE TO OWNERS
OF ADJOINING LANDS
The vote was 4 in favor wit~ Councilmember Jessen absen~ aha
excused. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Councilmember Paulsen, seconded by Mayor
Polston to approve the payment of bills as presented on the
pre-list in the amount of $73,500.91, when funds are
available. A roll call vote was ~ in favor with
Councilmember Jessen being absent and excused. Motion
carried.
PETITION FOR LOCAL IMPROVEMENT; WAIVER OF HEARING; RESOLUTION
,DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC
IMPROVEMENT; RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION
OF PLANS AND SPECIFICATION; APPROVAL OF LOW BID FOR PRO~ECT;FOR
PORT HARRISON TOWNHOMES/CATALYST PROPERTIES~ INC, {JOHN NELSON)
Pe~erson moved and Polston seconded the following resolution:
RESOLUTION ~85-6~ RESOLUTION DETERMINING THE VALIDITY AND
SUFFICIENCY OF PETITION FOR PUBLIC
IMPROVEMENT (PORT HARRISON TOWNHOMES)
The vote was 4 in favor with Councilmember Jessen being absent
and excused. Motion carried.
The City Manager stated tha% the City Engineer has reviewed tne
plans and specifications and nas recommended approval.
Peterson moved and Smith seconded the following resolution:
RESOLUTION ~85-65 RESOLUTION ORDERING THE IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE SEWER AND WATER IMPROVEMENTS FOR
PORT HARRISON TOWNHOMES
The vote was 4 in favor with Councilmember Jessen absent'and
excused. Motion carried.
Peterson moved and Smit~ seconded the following resolution:
RESOLUTION ~85-66
RESOLUTION APPROVING THE BID OF VOLK
EXCAVATING IN THE AMOUNT OF $5,211.16 FOR
PORT HARRISON TOWNHOMES SEWER AND WATER
PROJECT
The vote was 4 in favor with Councilmember Jessen absent and
105
May 21, 1985
excused· Motion carried.
The City Attorney recommended awarding the contract on a unit
price basis. The Council agreed~
CHAPMAN pLACE - TOM PROKA~K¥
The City Manager explained that the Building Inspector came to
him and stated that Mr. Prokasky has made some changes in the
plan that was submitted to the Council and approved and she
wanted the Council to approve those changes before she issues the
Building Permit·
Mr. Prokasky stated there are three points that the Staff felt
needed to be brought to the Council's attention:
There were 2 exhibits turned in and made a part of the
Resolution 84-204, one was a site plan dated October 5,
1984, and the other was the working drawing site plan.
On the current plan the Marina office juts out and has
been pull'ed back into the corner of the garage area.
This will leave a little more green area for the site.
Also his understanding of the approval was a maximum of
29 units· Since they desire to construct only 23 units,
the sta. ff felt the Council should be apprised of this.
2.. The underground gas storage in the southwest corner of
the property and the dumpster location in ~he southwest
corner of the garage as shown on the September 7, 1984,
site plan are precisely in the same place. The only
question was that the 9-7-84 drawing was for the 35 unit
building. The Staff feels and .he concurs that the 9-7-84
plan should be ignored and the new plan accepted.
Flood plain· The garage floor elevation should be at or
above the City's minimum elevation (at or above 933.5).
The garage is at 933.5. The problem is the elevator goes
down to the garage floor and there is a requirement that
there be a pit for the elevator which will go below the
minimum of 933.5. It is alright if the pit is flood
proofed.
The Building Inspector suggested amending the Conditional-Use
Permit granted in Resolution 84-204 to incorporate the plans
dated May 15,--1985, labeled A-1 and A-2.
The City Attorney stated that he does not agree with Mr.
Prokasky's statement. When the Council grants a Conditional Use
Permit, they adopted the plans and specifications and that is
what is to be built. In this case it appears that these are
minor technical problems and there should be no problem in.,the
Council getting the proper plan attached to the Resolution, but
if you are amending a Conditional Use Permit, by allowing 28
106
May 21, 1985
units instead of 29, you have to go back thru the process,
meaning a hearing. The City Manager agreed with the City
Attorney and stated that is what he suggested, but Mr. Prokasky
is spending $1,500 per day and cannot move because of the
changes.
Discussion on dropping the units from 29 to 28 units. The
problem is that the plans submitted with Resolution ~84-204were
before the Council cut the units, from 35 to 29. Mr. Prokasky
stated that since they have been marketing the units, the two
bedroom units are going faster than the one bedroom and this is
the reason for the change in units.
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION
RESOLUTION TO AMEND RESOLUTION #8~-20~ TO
READ A MAXIMUM OF 28 UNITS IN THE FIRST
WHEREAS
The vote was 4 in favor with Coun¢ilmember Jessen being absent
and excused.
MOTION made by 'Councilmember Paulsen, seconded by
Councilmember Peterson to adjourn at 11:30 P.M. The vote was
~ in favor with Councllmember Jessen absent and excused.
Motion carried. " · :
Jon Elam, City Manager
Sharon Legg, Acting City Clerk
BILLS ............ MAY 21, '1.985
Batch B54046---Computer run dated
Batch 854052---Computer run dated
Batch 854053---Listed below
5/15/85
]3,3 A.77
48,102.72
12,054.42
TOTAL BI LLS
73,500.91
Autocon Industries Repair well 7 175.90
Acro-MN supplies 146.96
Janet Ber.trand No Star Mtg exp 20.94
Bury & Carlson asphalt 1,166.80
Continental Tele May tele 1,296.91
Oon Elam Exp-computer class 11.15
Fidelity Products drawer files 268.28
Garys Diesel Serv repair tru~k 2,860.18
Glen Litfin Transfer tow truck--black dirt 370.00
Internal Revenue Liquor tax 54.00
Kromer Co. " shaft 20.00
Litho/Color handicap signs 22.46
MacQueen Equip Boss for bolt 44.02
N.S.P. May elec 4,348.97
NW Bell Tele " Siren--dedicated line 270.05
Joyce Olson Video council mtg 35.75
Sterne Electric check compressor 40.00
Signdesign recycling signs 662.15:
Teledyne Total Power air cleaner 14.90
Waconia Ridgeview Hosp EMT class-Williams 225.00
107
May 28, 1985
,BOARD OF ~EVIEW
Pursuant to due call and notice thereof, the Board of Review
convened inthe Council Chambers of the City of Mound, Hennepin
County, Minnesota, at 5341 Maywood Road, in said City on May 28,
1985, at 7:00 P.M.
Those present were: Acting Mayor Russ Peterson, Coun¢ilmembers
Phyllis Jessen, Gary Paulsen and Steve Smith. Mayor Polston was
absent and excused. Also present were City Manage Jon Elam, City
Clerk Fran Clark, Hennepin County Assessors Milt Hllk and Keith
Renner'feldt.
Acting Mayor Peterson opened the Board of Review and explained
that this meeting is to give property owners a chance to question
the market value placed on their property by the County Assessor
as of January 2, 1985. He explained that each person would be
heard and the Board of Review will reconvene at a later date and
bring back their final decision on each property.
The following persons responded to the call to be he~rd; they
all asked to have the value of their property rechecked because
they felt it was too high.
Duwayne Terlinden
1744 Avocet Lane
Alvin Gudvangen
P. O. Box 193
BID $13-117-24 24 0006
:
PID $13-117-24 41 0013
Beatrice Amidon
8016 Cedar Lake Road
St. Louis Park, MN.
PID #18-117-23 23 0058
Gregory Bergquist
2028 Grandview
PID #14-117-24 42 01 23
Dunkl ey Investments
2900 Highland Blvd.
PID $23-117-24 41 0017
GMG, Inc. "
Mike Maeklin
510 Wayzata Blvd.
Wayzata, MN. 55391
PID #23-117-24 41 0012
Carey Manson
5104 Edgewater Drive
PID #13-117-24 42 0005
Balboa Minnesota Co.
(letter submitted)
PID ~13-117-24 33 0036
34 0063
34 0015
34 0016
,.)
'h
?o ~
,/
108
May 28, 1985
3;4 00~2
34 0061
34 0064
34 0065
34 0066
43 0055
43 0059
43 0065
The following law firm asked to have a tax exempt status placed
on Westonka Estates:
Doherty, Rumble & Butler PID ~23-117-24 11 0031
The folloWing actions were taken:
MOTION made by Councilmember Jessen, seconded by
Councilmember Paulsen to acknowledge receipt of letter asking
for tax exempt status for PID ~23-117-24 11 0031, and taking
no action. The vote was unanimously in favor. Motion
carried.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to deny reducing the value of property
owned by Balboa Minnesota Co. described as follows:
PID ~ 13-117-24 33 0036
34 0063
34 0015
34 0016
34 0019
34 0042
34 0061
The vote was unanimously in favor.
PID ~13-117-24 34 0064
34 0065
34 0066
43 0055
43 0059
43 0065
Motion carried.
MOTION made by Couneilmember Paulsen, seconded by
Councilmember Peterson to reconvene the Board of Review on
Tuesday, June 11, 1985, at 6:30 P.M. The vote was
unanimously in favor. Motion carried.
PURCHASE AGREEMENT BAKERY BUILDING - LYNWOOD BLVD,. PROJECT
The City Manager explained that the purchase agreement for the
Bakery Building is-now ready for signing. There were several
changes. The price went from $80,000 to $84,500 and Will Johnson
wants the City to reconvey a tax forfeit lot (Lot 40, Koehler's
Addition to Mound) back to the State and condition it to be sold
oniy to adjoining property owners. This has been checked out and
it will be to the City's advantage ,to do this and get the
property back on the tax roles.
MOTION made by .Councilmember Jessen, seconded by
Councilmember Paulsen to authorize the Mayor and the .City
Manager to sign the Purchase Agreement on the Bakery
Building, dated May 23, 1985. The vote was unanimously in
109
favor.
Motion carried.
May 28, 1985
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION ~85-68
RESOLUTION RECONVEYING CERTAIN TAX FORFEIT
LANDS BACK TO 'THE STATE AND REQUESTING THE
COUNCT¥ BOARD TO IMPOSE CONDITIONS ON THE
SALE OF SAID TAX FORFEIT LANDS AND TO
RESTRICT THE SALE TO OWNERS OF ADJOINING
LANDS
The vote was unanimously in favor. Motion carried.
MOTION made by Councilmember Jessen, seconded by
Councilmember Paulsen to adjourn at 8:~0 P.M. The vote was
unanimously in favor. Motion carried.
Jon Elam, City Manager'
Fran Clark, 'C'i{Y' Clerk.
CITY OF MOUND
Mound, Minnesota
NOTICE OF PUBLIC HEARING ON THE
APPLICATION FOR CONDITIONAL USE
PERMIT TO OPERATE A MINOR AUTO/
BOAT REPAIR BUSINESS AT 5542
LYNWOOD BOULEVARD
PID # 13-117-24 33 0027
NOTICE IS HEREBY GIVEN THAT on Tuesday,~o~'~'-]'T~, 1985, at
~P.M. at the Mound City Hall, 5341 Maywoo.d Road, Mound, Minne-
Cond~ion~l Us~ P~rmi~ ~o op~ ~ ~lno~.~/Bo~
Business at 5542 Lynwood Boulevard and on site legally described
as follows:
Commencing at northeast corner of Lot 5 than west to the
northeast corner of Lot 3 than northwesterly to the easterly
line of vacated Linden Street and passing thru a point in
east line of said street 20 feet northeasterly from south
line of Lot 8, Lakeside Park, A. L. Crockerls 1st Division,
than southwesterly along said easterly line to the north
line of southwest 1/4 of southwest 1/4 of Section 13 than
west to northeast corner of Tract B, Registered Land Survey
No. 588, than southerly easterly and southerly along said
Registered Land Survey to the southeast corner thereof
than east along the north line of Lynwood Boulevard to the
east line of Lot 5 than north to beginning except road,
Koehler's Addition to Mound Plat 61650 Parcel 0360
PID # 13-117-24 33 0027
All persons appearing at said hearing will be given an oppor-
tunity to be heard.
Francene C. Clark, CitE Clerk,
3030 Harbor Lane North,
Suite 104
Minneapolis, Minnesota 55441
612J553-1950
TO: Planning Commission and Staff
FRO~: Mark Koegler, Ci~ty Planner ~
DATE: May 1, 1985
SUBJECT: Conditional Use Permit
CASE NO: 85-423
V~S FILE NO: 85-310-A]6-Z0
APPLICANT: Steve Pauly - Blue Lagoon Marina
LOCATION: 5542 Lynwood Boulevard (old Tonka garage)
EXISTING ZONING: Central Business (B-I)
COMPR~IVEPLAN: Commercial
PROPOSAL: The applicant recently opened a boat repair/sales facility in the
old Tonka garage on Lynwood Boulevard. Upon receiving notice from the City
Manager that such a use cannot legally operate in the B-1 zone without a
conditional use permit, Mr. Pauly submitted a request for conditional use
permit approval.
The old Tonka garage contains'approximately 12,000 square feet. At the
present time, Blue Lagoon Marina is occupying 11,200 square feet and an
800-square foot area is being used by the cable company for equipment storage
and installation operations. The use of the building and property by the
cable company is also illegal. Blue Lagoon Marina is proposing to operate a
sales and boat repair facility. According to the applicant, it is likely that
the building will be sold in the near future as a part of the Town Square
downtown redevelopment project. Therefore, it appears as though he will be in
operation at the present location until August 1, 1985.
.O
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·
Planning Commission and Staff
Pa e Two
May 1, 1985 ~.
The attached flier outlines some of the services provided by Blue Lagoon
Marina. The facility presently employs approximately 5 people. Employee and
customer parking as well as outside boat storage is located along the west and
north sides of the building. Mr. Pauly anticipates that 3 or 4 boats will be
parked outside at all times. In addition to the services provided, Blue
Lagoon Marina also has brokerage boats ar~ acts as an authorized retailer for
a sport boat line, motors and trailers. .~
J~: ....Prior to considering the conditional use ,permit appro
that the Planning Cc~ssion needs to conduct an interpretation of the zoning
~ce. Section 23.625.3 allows boat an(~ mart~ ~es ~,~d minor auto
-~pair-(w.-~~~nS]l~" been interpreted ~ include
.~ti.o.9~._U~~the B-1 z~e.~ce define~ minor auto repair as
"The replacement of~-~ or repair of any part which does not require the
removal of the engine head or pan, engine, transmission or differential;
incidental body and fender work, minor painting and upholstery service when
sa'id service above is applied to passenger automobiles and trucks not in
excess of 7,000 pounds gross vehicle weight." According to Mr. Pauly~s flier,
Blue Lagoon Marina off~rs a "48-hour tear down and inspection and 'exchange of
Merc and OMC I/OS" which seems equivalent to the removal of the engine head or
pan, transmission or differential. Therefore, staff feels that the proposal
is a major repair .facility and not minor repair as defined by the ordinance.
If the Planning Commission finds that t~e Blue Lagoon. Marina is a 'major
facility, the use is not allowed in the B-1 zone as either permitted or
conditional. As a result, the Planning Commission could recommend that the
applicant apply to amend the zoning ordinance to allow major facilities as
conditional uses or, if the Commission feels the use is inappropriate, it
could recommend to the City Council that the proposed Blue Lagoon Marina not
be allowed in the B-1 zone.
If the Planning Commission determines that the Blue Lagoon Marina is a minor
repair facility, the details of the proposed operation must be reviewed.
Conditional use permits are granted in accordance with the criteria outlined
in Section 23.505.1 of the Zoning Ordinance. The Planning Commission needs to
determine if a boat repair/sales facility is an appropriate use in the
downtown area. In addressing this issue, consideration should be given to the
City's efforts in redeveloping and strengthening the downtown area and to the
criteria for Granting conditional use permits.
rehe City Council, ~RA and Planning Commission have been attempting to
vitalize ar~ strengthen the downtown area through the support of the Town
Square project, i Town Square, if completed, will become the focal point of the
downtown area. Admittedly, the construction of Town Square will ultimately
remove the old Tonka garage and the Blue Lagoon Marina if it is approved.
Approval of the Blue Lagoon Marina even on a temporary basis, however, may set
a precedent for permitting the relocation of the Blue Lagoon Marina or the
establishment of another marine repair/sales facility within the downtown
area. Staff has serious reservations that a boat repair/sales facility is the
type of business that is appropriate in the downtown area due to the required
open storage of such an operation and the relatively inefficient use of land
in terms of employment opportunities or services that appeal to a majority of
the community's residents.
Planning Commission and Staff
Page Three
May 1~ 1985
Staff also has reservations that the proposal meets the following criteria for
granting conditional use permits:
(2) That the establiskment of the conditional use will not impede the normal
and orderly development and improvement of surrounding vacant property
for uses predominant in the area.
(7)
The use is consistent with the purposes of the zoning code and the
purposes of the zoninG district in which the applicant intends to locate
the. proposed use.
(10) ExistinG uses adjacent will not be adversely affected because of
curtailment of customer trade brought about by intrusion of noise, glare
or general u~sightliness.
RECOMMENDATIONS: Blue Lagoon Marina provides a service which is valuable to
lake users and boat enthusiasts within Mound and the surrounding area. The
location of the repair/sales facility in the downtown area, however, seems
inconsistent with the'City's current revitalization efforts and inappropriate
as a land use for the reasons cited within this report. Staff recommends that
the Planning Commission determine that the Blue Lagoon Marina is a major
repair facility as defined by the zoning ordinance and that such a use is
inappropriate in the B-1 zone. If the Commission finds that the proposed
facility, is a minor repair operation, staff still recommends denial based upon
the fact that the project does not meet all of the conditional use permit
approval criteria and b~cause the project is inconsistent with the City of
Mound' s downtown redevelopment ef forts.
Major and minor repair facilities are conditional uses in the B-2 zone and if
an apPropriate site were available, the same request within the B-2 area may
be approvable.
STEVE PAULY'S
Steve & S-zi Pauly, Scott Panning, .Gary Rowe, and crew, have
left Chaska Marine to open a new marina on Lake Minnetonka,'
and a service center in downtown Mound.
MARINA & SERVICES OFFERED
jr SAME FAST FRIENDLY SERVICE FOR OVER 28 YEARS
jr FULL PARTS, ACCESSORY, BAIT & TACKI~E DEPT.
~ 48 HR...TEAR DOWN & INSPE~ON AND EXCHANGE
& o c. Vos
FUEL &. HEAD PUMP (AVAILABLE 6-.15)
ABILITY TO HANDLE BOATS TO 36~
jr BOAT AMBULANCE SERVICE AVAILABLE
ON LAND OR WATER
~ AAA RATED INSURANCE REPAIR FACILITY
jrFIBERGLASS & REFINISHING DEPT.
JrLOCAL HAULING OF BOATS TO 36' WITH HYDRAULIC
TRAILER
JrRENTAL OF BOATS, MOTORS, PONTOONS, & TRAILERS
JrLIMITED SLIPS (SOLD OUT 815)
CONTACT US AT:
BEFORE MAY IST. 472-7136
AFTER MAY IST. 472-12:20
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CITY OF MOUND
Case No. ~' ~/~-~
Fee Paid ~,~
Date Filed
APPLICATION TO ~LANNIN~ & ~0NIN~ ~0MMI~ION
(Please type the following information)
Street Address of Property ~'~"~. ~I~ ~-
Legal Description of Property: Lot Block
Addition ~ ~/~ ~~ PID No. /~'~/jT~ ~-~
4. Applicant (if other than owner):
Name i~l~_..~D~ay~Ph~one No.. ~/~'i~---~/~
Address
5. Type of Request: ( ) Variance (~j~. Conditional Use Permit (') Amendment
( ) Zoning Interpretation & Review ( ) Sign Permit
( ) Wetland Permit ( ) P.U.D. ( )*Other
*If other, specify:
Present Zoning District ~-'~
Existing Use(s) of Property " ' ~--. ' ~ ~'.,~,"- ~
Has an application ever been made for zoning, .~¥iance, or conditional use permit or
other zoning procedure for this property?~nd/~'r~ov~ If so, llst date(s) of
list date(s) of application, action taken _ p 'de 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 h~rewith 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 required by law.
Signature of Applicant~! Date'~_~~.~~
Planning Commission Recommendation:
Date
I Action:
Resolution No.
Date
4/82
Procedure for Conditional Use Permit
D.
E.
F.
(2) Case qM O
Location of: Signs, easements, underground utilities, etc.
Indicate North compass direction.
Any additional information as may reasonably be required by the City Staff'.
and applicable Sections of the Zoning Ordinance.
III 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):
2. Current Zoning and Designation in the future Land Use~lan for Mound
Development Schedule:
1. A development schedule shall be attached to this application providing
reasonable guarantees for the completion of the propose~ development.
2. Estimate of cost Of the project: $ ~
Density (for residential developments only):
1. Number of structures:
2. Dwelling Units Per Structure:
a. Number of type:
Efficiency 1 Bedroom
2 Bedroom 3 Bedroom
3. Lot area per dwelling unit:
4. Total lot area:
IV. Effects of the Proposed Use
tist impacts the proposed use will 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.
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Planning Commission Minutes
May 6, 1985 - Page 2
Michael, Meyer and Reese against the amendment; all others in favor.
Amendment carried by a vote of 5 to 3. The vote on the motion was un-
animously in favor. Motion carried.
The notice of the public hearing on thi-s conditional use permit request
has been prepublished. The City Council will hold the public hearing on
May 21, 1 985.
Case No. 85-423 Public Hearing for Conditional Use Permit to Operate a Minor
Auto/Boat Repair Business at 5542 Lynwood Bou!evard
Metes. and Bounds Description, Koehler's Addition to Mound
Steve Pauly was present.
The City Planner, Mack K..oegler, reviewed his report. The applicant recently
'opened a boat repair/sales facility in the former Tonka garage on Lynwood
Boulevard. Upon notice from the City Manager~ they submitted an application
for conditional use permit approval which is likely to be required for that
'-type of business. The Blue Lagoon Marina is occupying 11,200 square feet of
the building and the cable company, the other 800 square feet. fo~ equipment
storage and installation operations; which is also illegal. 'He stated that
in reviewing the issue,'.~he first thing the staff thought was appropriate is
for the Planning. Commissi'on to do an interpretation of the Zoning Ordinance;
specifically to define if the proposed use fall~ into the major or minor pro-
visions. Minor sales/boat repair is a conditional use in the B-l; ~ajor is
not permitted at all; but is permitted iR the B-2 zone. "The Planner also
referred to the City'.~ redevelopment efforts and that Pauly believe§ he!~'l
~n'ly be allowed...to operate at location until A~gu~t 1, 1985. The staff has
some concern, that even on a temporary basis, that the approval of this re-
quest will set a precedent for the establishment of a boat repair/sales facilJ-
ty in the downtown area. Staff has reservations whether boat repair/sales
facility is appropriate type of business in the downtbwn area due to the required
open storage of such an operation and the relatively inefficient use of land
in terms of employment or services that appeal to a majority of the community's.
residents and questioned whether the p.roposal meets the following criteria of
City Code Section 23.505.1~.
(2) That the establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding vacant property
for uses predominant in the area; and
(7) The use is consistent with the purposes of the zoning code and the purposes
of th~' zoning district in which the applicant intends to locate the proposed
use; and
(10) Existing uses adjacent will not be adversely affected because of curtailment
of customer trade brought about by intrusion of noi'se~ glare or.general
unsightliness.
The Planner concluded that the Blue Lagoon Marina provides a service valuable
to lake useFs and boat enthusiasts within Mound and surrounding area, but
does recommend denial of the use.
Steve Paul~ stated that it is their, intent to purchase the portion of the
property just east of this gaKage bui.lding. Mr. Bi'ckman owns the entire
south half of that block i'ncluding the building they're in which is to be part
of Town' Square. His request for a conditional use permit is to stay in the
I$ ,1
Planning Commission Minutes
May 6, 1985 - Page 3
building,they're in until the first of August and, he hopes, with the under-.
standing his intent is of moving 150 feet to the east. After the existing .
(Tonka) building is bought, there is approximately 1.~ acres of property that
will remain. His consternation is based on the fact that his family has been. ~
in the boat business for 25 years. Started in Chaska and moved to Maxwell Bay
about 4 years ago. He recently left the company and has taken with him D of
his employees. He commented some of the Commission are familiar with the
type of business operation he has been running. His concern is about the
definition; automobile seems to come up a lot and quanitities of equipment
being stored, etc. He doesn't know if defining major or minor or trying to
do a cross analogy on whether, a stern drive of a boat is the same thing as a
transmission of a car. He didn't feel a boat'without an engine would ever
be as objectionable as a car in same condition. He explained his intention
was to build a 6 to 8,000 square foot building of which 2,000 square feet
would be showroom area and the remainder a service facility. The outside
area would be customer parking ]or in front and there would be.brokerage boat
display on a limited basis on the west end Of the lot, etc. He has not spent
dollars to come up with an artist's concept and layout for that piece of
.property; he felt he had to get a feel for what the Commission was thinking
of this being in downtown Mound and whether or not it's going.to.have a posi-
tive or negative effect on the City. He stated what his request comes down
to is that they want to'.purchase some property and build a building. Their
first estimate of costs is for a couple of hundred thousand dollars plus
improvements on the property. He wants to see i'f they can end up molding
that into what"you folks feel you want on that piece of property.
The Commissioners had' various questions on Pauly's advertisement hand out,
what he would bp doin~ with the marina, whether City would, incur costs as
benefits of the'redevelopment for relocating this operation, opening the
business without getting permits, etc. Pauly explained that Martin's had
been sold'and he is negotiating to lease the property; he mentioned that
some of what you read on the handout is their perception of what is to be
once lease is signed; but he doesn't know if what is there is now going to
happen. He stated the marina would be operated just as Dick Martin operated
it; he ha~ no intention of adding anything to that property. He wants to
build a large service facility away from the marina, He explained that early
in April he had to find, move and get off the street 7 to 9 people. That is
when he received the letter from the City Manager asking what was going on.
Pauly stated he would waive any benefit he might have by being granted a
conditional use permit for the building he's in due to the redevelopment of
the area. This building was available and the business pressure was there.
The Chair advised the Commission the application tonight was for 5542 ~ynwood
Boulevard and only that site would be acted upon. The Commission discussed
what other possible space might be available, what. traffic involved from
present location, fact that no permits were applied for before occupying the'
buildi.ng and putti.ng up the sign.
The Chair opened the public hearing and the following persons had comments:
TODD YI.LEK., 486l Edgewater Drive, stated people not officially notified of the
hearing and he was concerned that City streets were blocked by boat moving.
He thinks of Mound as a quiet place to live; boat works not nearest places.
Planning Commission Minutes
May 6, 1985 - Page 4
NElL FROEMING, 4866 Edgewater - Concerned that in'a year or two, he'll ~'nd'6
way to expand the boat traffic, etc. at Martin and 5on's marina.
BILL CLARK stated he runs a quiet unsightly business across the street from
the Blue Lagoon Marina. He likes to see'people put their own money into a
business as proposed by the applicant.
just
TODD YILEK asked if this decision/going to be on the current area; if he wants
to put another business in~ Isfgoingtohave to reapply to go through the same
procedures? This isn't going to decide whethe£ he can build east of here?
It's just to rent and operate this place until'August?
The Chair confirmed that this is all we can decide on at this point; and all
we can do is make a recommendation to the Council.and anything he may want to
do beyond that, we will have to look at again. It is more of a concept at this
point. He has an operation there in place and that is one issue, but what we
address on that place, will ]et him what we think of his concept.for the prop-
erty to the east,
CHERRYL LIEBRA, 4855 Edgewater Drive, questioned a statement made'that if Pauly
got okay tonight, he'd have to start building immediately on site to the east;
and so in other words, you are okaying that for him!
Chair responded that we can't okay that; we have nothing in front of us to okay.
He's going to have to get son'body in his employ to come up with dra~ing of the
whole thing. It was stated he could not get a buildin~ permit overnight.
NO one else had commedts or questions. The Chair then closed the public hearing'.
Pauly reviewed his actions prior to the previously.scheduled hearing (Martin and
Son Marina) including trying to rent space from Balboa. He has been working
out of Chaska'facility, but it is just too far away. He would love to be able
to do something in dowhtown area.
The Commission discussed traffic that might be generated by boat sales area;
Pauly will act.as broker and having I single boat line which would have 4 speci-
fic models - feels that you can control that with a conditional use. Also
discussed other services offered and whether or not that. would be considered
major or minor as defined. Pauly felt that reason for distinction was to keep
from having a yard full of ca.rs with hoods on and no engines while they were
worked on separately. Boa't on boat trailer doesn't end up looking any different
than it does with or without an engine or whatever. Pauly stated his proposed
operation is going to be a building with boats parked outside, have car parking
lots and fences around it, have brokerage stuff and next to it the repair stuff;
if Commission doesn't want that on that piece of property, they'll go elsewhere.
He's not going to ram something through as he has backup facilities in Chaska.
Main question is whether or not this type of business is going to be what is
wanted in that part of Mound. Discussed. Reese stated he's been listening to
all this, has been a customer of Mr. Pauly's and he likes Mr. Clark's statement
about getting private money into this thing, thinks this could be drawn up so
we wouldn't have another Century Auto Body, etc. and thinks its more minor tha~
major,
Reese moved a motion to determi.ne it to be minor. Byrnes seconded the motion.
Planning Commission Minutes
May 6, 1985 - Page 5
Byrnes believes we need a good strong, solid busi.ness and that the traffic
will bring business we need into downtown. '.
Meyer has no.problem with the short term deal; but is against what will be
happening - seeing and hearing this as a package tied in with the marina as
well.
Pauly asked for a feel for whether or not he should go forward with the expense,
the plans and all the necessary things to come up with a decent plan and layoutL
for east piece of property.
After further discussion on the pros and cons,..Vargo cai)ed the question:
The vote on whether to call the question was Weiland, K. Smith and Michael
against; all others in favor.(6 in favor) Question was called.
The vote on the motion to recognize this boat repair is determined to be minor.
was: W~iland, K. Smith and Michael against; all others in favor. Motion~
carried 6 to 3.
Ken Smith moved and Weiland seconded a motion to deny the app)ication
for conditional ~use at 5542 Lynwood Boulevard. The ro]~] cai) v~te was:
Ken Smith, Weiland and Jensen in favor; all others against. Motion failed
by a 6 to 3 vote.
_Vargo moved.and Reese seconded a motion to recommend approval of condi~.ional
use ...for the business to operate in the Bickman Building until August 1,
)985. The vote on the motion was Wei)and and Jensen against; all others in
favor. Motion carried.
Weiland stated his biggest opposition is the way he handled it; he thinks he
handled it completely wrong; he's been in business long enough to know the right
way.
Pauly stated that he will, from the information given him tonight, formally
apply for and bring forward plans.
Ken Smith stated he didn't fee] that was an operation that was going to fit
and the way he voted gave that signal. Jensen, Meyer and Weiland do not feel
it is in best interest of town. Reese feels that working with Mark and Jan
we .could put together a piece of property there that would be a credit. He
also pointed out that it faces the back of the shopping center.
Case No. 85-424 Lot Split Subdivision of property at 4339 Wiishire Boqlevard
Metes & Bounds Description, Part of First Re-arrangement of Phelps' Island
Park 1st Divi~sion and part of Phelps' Island Park, 1st Division
John Schlute~ was present.
The Planner, Mark Koeg)er, reviewed the report stating layout he proposed
with removal of patio would meet setback provisions of ordinance with exception
of boathouse which is ) foot off property line. Staff would recommend approvall
of the waiver and subdivision based on the condition outlined in repot?. The
boathouse is actually 3 wall structure built into side of hill with a patio
deck on top of it. It can be moved or dismantled.
May 29, 1985
CITY of
MOUND
53~1 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
Mr. Steve Pauly
Blue Lagoon Marina
5542 Lynwood Blvd.
Mound, MN. 55364
D~ar Steve,
The situation at the Blue Lagoon is becoming increasingly less than ideal.
I expect the hearing on June llth to be one of the most difficult we have
had in some time. At this point I would guess your chances are,:at'best,
50-50 for approval on Lyn~ood Blvd. and a good deal less on the Martin &
Son property.
The problems and the reactions are all ones that you have created. By asking
first, you could have avoided mOst of the concerns, if you.had followed
our advice.
Let's start with the signs. None of it is approved.~ You called last week
about putting up a sign on County Road 15. ! said it was O.K. assuming it
was the same size as the Martin & Son sign. It was not, it is larger. In
addition, you listed on the sign a list of services the site is not approved
for, thus today I am removing your sign and will bring i{ back to you. It
cannot be replaced until the use permit is applied for. I clearly violated
my own ordinance in allowing it to go up in the first place.
The sign you put up on the lake was never even discussed and unless it is
immediately removed, you will be ticketed as a violation of our sign ordinance
requirements. This is a good example of taking advantage of the City and me,
I think.
Another was the proposal to try to install a new gas tank. To go from 250
gallons to a 10,000 gallon tank is a major change. That will not only require
City approval, but Watershed approval as well. To not call that a change,
as your attorney suggested, is not very accurate.
The boat storage you have in front of the duplexes violate LMCD codes and
permits, i.e. they are on)y for those residential units. The Conditional
Use Permit covering the parking lot at the Marina, very clearly states that
all boats shall be removed within one week of ice-out, regularly though boats
have been parked there.
IEILL J. GRATHWOL
1905-1974
JAMES N. GRATHWOL
LOUIS B. OBERHAUSER
ROBERT K. RANDALL
JAMES M. VENTURA
PATRICK W. PARMATEr
JACK N EVEAUX
GRATHWOL, OBERHAUSER 8:: RANDALL, LTD.
ATTORNEYS AND COUNSELORS AT LA W
1421 E. waYZAta BOULEVARD - SUITE 210
WAYZATA, MINNESOta 55391
June 4, 1985
(612) 475-2401
Of COUNSEL
DOUGLAS E. KLINT
Mr. John Elam
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Re: Marina property at 4850 Edgewater Drive
Dear Mr. Elam:
I am in receipt of a copy of your letter to 'Steve Pauly dated
May 29, 1984 concerning his operatio.n of Blue Lagoon Marina at
the above location. I represent Mr. Paul Scherber~ who recently
purchased this Marina from Dick Martin. Mr. Pauly is operating
the Marina .under a lease with Mr. Scherber.
~hen Mr. Scherber purchased this Marina, we were advised that the
property is zoned con~ercial (General Business B-2) and that a
conditional use permit had been issued by the City- for the Marina
in 1975. Moreover, we were also advised that the Marip~ had been
located at this site for many years and that there had been no
problems with the City concerning its operation. Many of the
neighbors have built in the area in recent years with full
knowledge of the existence of the Marina and its con~nercial zone.
Mr. Scherber does not intend to tear d°wn or construct any
buildings on this site or change the Marina operation. Mr.
Martin's operation of the Marina included marine sales, boat
rental, boat sales, launch ramp, slip rental, service, and gas
sales. As recently as last weekend Mr. Martin, who still lives
on the property, was of the opinion that there has been no change
in the operation of the Marina since he sold .it.
I would like to address the concerns you raise in your letter
to Mr. Pauly. Regarding the signs, I understand that Mr. Pauly
did ask for and receive your approval and a variance for the sign
on County Road 15. I cannot respond to the size issue other than
Mr. Pauly assumed they were substantially the same size. You
also indicated that the sign listed services not approved for,
~. Jon Elam
page 2
and I believe that you are referring to fuel sales.
Gasoline has always been kept on the Marina property and has been
used for the rental boats as will as sold to the public. Originally
there were two tanks with a cc~bined capacity of 600 gallons which
were replaced by the existing tank which has a capacity of 500
gallons. Sale of gasoline is an important part of any marina
operation and Mr. Scherber will continue to dispense fuel frc~
this location, in the same tradition as the prior owners.
Concerning our request for a building permit to install a new
underground gasoline tank, this will not change the use of the
property. This was my statement that you alluded to in your
letter, and it is accurate. Your concern seems to be centered
on the fact that the tank will be increased from 500 gallons
to 10,000 gallons. This does not go to the issue of use, but
rather h°w often the tank must be filled. It is not economically
feasible to go to the trouble and expense of putting a gasoline
tank underground with only a 500 gallon capacity.
The boat storage problems have been corrected. I met with Mr.
Mixa of the IMCD and received a copy of their order which sets
forth the requirements for use of the dock in front of the duplex.
No one was aware of these restrictions and Mr. Pauly has assured
us that he will follow these requirements.
Regarding your statements concerning parking along Edgewater
Drive and use of County Road 15, ~r. Pauly has advised me that
he has never parked his vehicles or boats on Edgewater Drive.
Several neighbors routinely use Edgewater Drive for parking
and the one time a call came in concerning parking, the vehicle
parked on the street was an excavation truck which had no
relationship to the Marina. In any event, parking is permitted
on Edgewater Drive, so I don't see the issue. Mr. Pauly does
use County Road 15 to cc~ute between his two operations, although
I can't believe that the City would ever consider prohibiting
him from using Edgewater Drive, a public street.
I would also like to point out that the boats for sale on the
Marina property are Mr. Pauly's own boats and he is doing nothing
more than many other Mound residents who advertise their own
boats for sale on their property. The rewing of the engine
you referred to in your letter occurred durirg an oil change on
a high performance boat. Every effort will be made to minimize
~this in the future. No boats from the MarLn~ have been roaring
around the Bay. This whole area is a closed throttle zone and
will be respected by all Marina Personnel .'
In conclusion, it is apparent that many concerns were raised
hr. J0n Elam
Page 3
when Mr. Pauly first approached the neighbors and the City as
a potential purchaser of this property with his plans for new
buildings, etc. Mr. Pauly did not buy the Marina and Mr. Scherber
does not intend to change the Marina. His only plan is to put
a gasoline tank underground which would be a benefit to all
concerned. Mr. Scherber will respect all City ordances in the
operation of this Marina, but will not be subject to a witch
hunt instigated by a few vocal neighbors. I would hope that
the City would put all these issues in perspective when dealing
with questions concerning the Marina.
Attorney at law
5211 Eden Road
P.O, 80x 124
MARINE COV£R/e ~,~,,,,_~__ 'J"'~ .... ':': o12/472. 7800
ERS AND INTERIORS
June I0, 198.5
Blue Lagoon ~arina
5~42 Lynwood Blvd.
Dear Steve and Suzi:
it is great having You doing business in ~OUnd. ~ith Tonka Toys
moving out of town, this City has lost alot. ~e need
to help with unemployment and bUSinesses like yours th~w business
the Other businesses in ~OUnd. help all
Our business has grown also because of your business, so just
want to let you knov we need your business as well as Others do to.
HOpe you do well!sa
Best Wishes,
MARINA AUTO SUPPLY
BOX 184
MOUND. MN. 55364
471-8569
June 10,1985
To; Cit~ o£ Mound Council,
'~'~e, being Big A Auto Parts (Marina Auto Supply Inc)
feel that Blue Lagoon Marina is a great asset to the
City o£ Mound.
With Tonka Toys !eavin~ the area, we need new business
such as thi's to help our economy grow back to the
level that it once was.
Steve ~aul~ and his people came to this area with a
tremendous reputation in the Marine business and are
good honest and very hard working people trying to
render a much needed service to our area.
Lets help them to stay in business to help all o£ us
grow in the Mound area.
Marina Auto Supply Inc.
t~cj§g- ~Lt~IZ:L 9 :auoqd
'NI/~I 'ONI"IOV~I "(:]l::t $1:tO.LIC]~V
/ ':)NI '=I31AI:I:tSIS=I'IYS
)1:30(:]
wv^)i::)O~l wol
Displaying the Finest in Sporting Goods
2271 COMMERCE BLVD. MOUND, MN S5364.
PHONE: (612) 472-2523
2250 Commerce Blvd.
MOUND, MINNESOTA 55364
Phone: 472-1819
June 7, 1985
Mr. Steve Pauly
Blue Lagoon Marina
4850 'Edgewater Drive
Mound, ~ 55364
Dear Steve:
You've asked me to write this letter to help you in your desire
to become a very viable part of our Mound business conmmmmity. Needless
to say, any business that brings in people from outside our area is
vital to the success of all of us. Since you have renovated the
Tonka garage and have been an extremely good partron of our store, I
hope that I can help in any way possible to keep your operation in our
I 'ye found y~u to .be the type of businessman that Mour~ needs...
Enthusiastic, knowledgeable and adequately financed to operate your
boat service and sales operation which can bring in needed tax revenues
Since we lost our neighbor and the anchor re~41 store in the
downtown Mound area, you have created a very positive response frcxn our
custc~_rs about your operation. Your periodic parking of boats in the
parking area that used to be Super Valu b~, I'm sure, attracted
customers to our store.
Thanks, again, for patronizing our store...I'm certain the minor
changes which will be required on your part to conform to our city
governments requirements will pay-off for you ar~ all of the Mour~
Mound needs you.
DE/a
RESOLUTION NO. 85 -
~[$0LUTION TO CONCURWITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR
STEVE PAULY AT THE RAILROAD PROPERTY AT THE EAST
ENTRANCE TO MOUND ON THE NORTH SIDE OF SHORELINE
BOULEVARD, FID # 13-117-24 44 0088
WHEREAS, the applicant,.Steve PaulylL Manager of the Blue Lagoon Marina
has requested a 4 foot by 8 foot ~advertisin~,sig~tto replace the Martin & Sons
existing 4 foot by 8 foot sign on the Railroad Property at the east entrance to
Mound on the' north side of Shoreline Boulevard; and
WHEREAS, said sign would be erected as a free standing sign that would
be lotated east of Sandy Road and on the north side of Shoreline Boulevard on
the Railroad Property and the request is for a 32 square foot sign as shown on
Exhibit "A"; and
WHEREAS, said. sign would identify the location of the Blue Lagoon Marina
located at 4850 Edgewater Drive; and
WHEREAS, the Planning Commission has reviewed the request for the 32
square foot sign and does recommend the sign be reduced to a directional sign
only with "Blue Lagoon Marina"and an arrow; size to be a maximum of 16 squ~re
'feet with a maximum df 8 feet in any dimension.
NOW, tHEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL :OF THE CITY OF
MOUND, MINNESOTA, ~oe~ hereby approve the sign variance for a free standin~
~advertising~sign a maximum of 16 square feet in size with a maximum length of
~ feet to be located as requested on the Railroad Property north of Shoreline
Boulevard and to the east of Sandy Road for direction~purposes~J~,
CASE NO. 85-425
CITY OF MOUND
Mound, Minnesota
Planning Commission Agenda of June 10, 1985:
Board of Appeals
Case No. 85-425'
Location: Railroad Property across the
street from Mobil; north side of
Shoreline Boulevard
Legal Desc.: Unknown
Request: Sign Variance
Zoning District: B-2
Applicant
Steve Pauly
4850 Edgewater Drive
Mound, MN. 55364
Phone: 472-7307
The applicant is requesting a 4 by 8 foot "Advertising Sign" to replace Martin
and Son's existing 4 X 8 foot+ sign on the Railroad Property at the east entrance
to Mound on the north side of Shoreline Boulevard. He has not submitted any rail-
road agreement allowing any placement on their property to date.
The~new Sign Ordinance No. 473, Section 55.38 of the City Code defines "Advertising
Signs" as, 2.02(1), "A sign selling or promoting a business, commodity or service
which is not located Or performed on the premises on which the sign is located."
Subdivision 3, Section 3.O2, entitled "General Provisions Applicable in All Districts"
states "Free standing advertising signs are prohibited in all districts except as
governed by Subd. 3.O9 of this ordinance" which are provisions for real estate and
seasonal signs.
Comments:
Section 1105 states that variance may be granted only if the variance
does not adversely affect the spirit or intent of the sign ordinance.
Section 1'.06 discusses existing non-conforming signs and states'that
any sign shall not be rebuilt, altered, or relocated without being
brought into conformance with the requirements of this ordinanceo~
Possibly, the Planning Commission may want to consider a smaller
directional type sign for this location, such as Blue Lagoon Marina
with a directional arrow.
Recommendation:
Staff feels the present sign installed 4 foot by l0 foot size is
too large with unnecessary printing (service, parts, storage,
fuel, brokerage, rentals) for the approved use of the property.
The railroad agreement should be on file with the City. Possibly
a smaller 3 X 4 foot directional sign with Blue Lagoon Marina
and arrow would be sufficient.
Post Script: Mr. Pauly has placed a wall mounted lakeshore sign on the property
which requires a conditional use permit under Section 4.05.
No notices were mailed regarding this request.
Jan Bertrand
Building Official
JB/ms
MINUTES OF THE
MOUND ADVISORY PLANNING COMMISSION MEETING
June 10, 1985
Present were: Vice Chairman Thomas Reese; Commissioners Robert Byrnes, William
Meyer, Geoff Michael, Ken Smith and Frank Weiland; Council Representative Steve
Smith; City Manager JOn Elam; City Planner Mark Koegler; Building Official Jan
Bertrand and Secretary Marjorie St-tsman. Chair Elizabeth densen was absent and
excused; Commissioner Michael Vargo was also absent.
Also present were the following interested persons: James Bedell, Rick Ahmann,
Dolores Maas, Sally Uner, Steve Pauly, Suzanne Pauly and Mr. and Mrs. Harold R.
Van Zanten.
MINUTES
The minutes of the Planning Commission meeting of May 20, 1985 were presented
for consideration. Weiland moved and Ken Smith seconded a motion to approve the
minutes of the May 20, 1985 Planning Commission meeting as published. The vote
was unanimously in favor. Motion carried.
BOARD OF APPEALS
1. 'Case No. 85-'425 Sign Variance - Proposed sign to replace sign on Railroad
Property (PID # 13-117-24 44 0088) across the street from the Mobil Station
on north side of Shoreline Boulevard.
Steve Pauly was present.
Mr. Pauly explained the application before you is'for the replacement of the
Martin & Son sign on Shoreline.Boulevard across from the Veterinarian Clinic.
Since the time of application, he found t~at the verbage, they put on the sign
is in conflict with the ordinance and stated he'd have to strike some of the
words out and make it a sign with an arrow pointing in the direction of the
Marina.
The Building Official e~plained that the recently passed sign ordinance defines
advertising signs as a sign 'lselling or promoting a busi. ness, commodity or
service which is not located or performed on the premises on which the sign is
located" and under General Provisions applicable to all districts, those types
of signs are prohibited (Sections 2.02 and 3.02). She stated staff's recom-
mendation is for a smaller sign and more of a type of directional sign which
is consistent with the sign ordinance.
Weiland commented he felt it should be tabled until Railroad approval was re-
ceived for the sign. Pauly stated the Railroad is deluged with requests and
they are tak'ing forever to get to all of them. The Commission discussed the
sign proposal and it was thought that the Railroad issue was separate from
the City's; that the Marina did need a directional sign as business can'not
be seen from County Road 15; also discussed other directional signs in City.
Ken Smith moved and Byrnes seconded a motion to accept the staff's recommenda-
tion for smaller directional sign not to exceed 16 square feet with a maximum
length of 8 feet. Reason this is done is because it is unique property not
reasonably seen from the highway. The vote was Weiland opposed; all others
in favor. Motion carried.
Pauly questioned changing the existing signage on the property from Martin & Son
to Blue Lagoon Marina. Pauly is leasing whole parcel from Scherber. Building
Official stated street signage could be 15~ of front of building and they could
come in and get permit for that. Lakeside signage does require a conditional
use permit.
~ c-, .- i Case No.
CITY OF' MOUND Fee Pa i d
Date Filed
APPLICATION TO PLANNING & ZONING COMMISSION
(Please type the following information)
Street Address of Property ~C.~ ~4~¢~ A~
Legal Description of Property: Lot /x~)~_ P,~--' f'~" O/~-r'~.--"~ Block
Addition
Applicant (if other than owner):
Name
PID No.
7r '7207
Day Phone No.
Address
Type of Request:
Variance ( ) Conditional Use Permit
Zoning Interpretation & Review
Wetland Permit ( ) P.U.D.
( ) Amendment
(~) Sign Permit
( )*Other
*If other, specify:
'
;ent 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
list date(s) of application, acti/o~a~l~n andO~fiovide 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 required by law.
Signature of Appli Da
Planning Commission Recommendation: To acc~pt the staff's recommendation for smaller
directional sign not to exceed 16 square feet with a maximum length of 8 feet.
6-10-85
Date
1 Action:
Resolutio~ No.
Date 6-11~85
4182
Street Numbei~J
LOT BLOCK
APPLICATION .FOR SIGN PERMIT
CITY OF MOUND
PLAT PARCEL PID #
WALL AREA
'PHONE NO.
City
ADDITION
Zip
BY' .. .FT. = TOTAL
' (NUMBER OF SIGNS ..... 'ZONING
EXISTING SlGNAGE - 'SQ. FOOTAGE/ OF~SlGNS''
PLEASE DESCRIBE REQUEST ~~,_Q ~ k~:~~-~
AND REASON FOR REQUEST _
HEIGHT OF SIGN
SLGN SIZE
BEING REQUESTED
LENGTH OF TIME SIGN TO BE ERECTED:
PERMANENT ~
TEMPORARY
(Temporary si9n not to be for period
in excess of two months)
TYPE OF SIGN:
WALL MOUNT
FREE STANDI N~
PORTABLE
OTHER
Does it conform to al~ setback and other' requirements relating to the Zoning Ordinance?
for a community organization and does it meet a11 the standards,of-Section 55.38.
If additional information is attached, please 'submit 8½" X 11" maximum sized drawlngs..
Recommenda t i on: ~----':~~~, ..~
~licant~s ~
App'roved:
City Manager
,!
NORTHERN.
RD
5
PROPOSED RESOLUTION
CASE NO. 85-425
RESOLUTION NO. 85 -
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR
STEVE PAULY AT THE RAILROAD PROPERTY AT THE EAST
ENTRANCE TO MOUND ON THE NORTH SIDE OF SHORELINE
BOULEVARD, PID # 13-117-24 44 0088
WHEREAS, the applicant,~ Steve Pauly, Manager of the Blue Lagoon Marina
has requested a 4 foot by 8 foot tadvertising~ sig~to replace the Martin & Sons
existing 4 foot by 8 foot sign on the Railroad Property at the east entrance to
Mound on the north side of Shoreline Boulevard; and
WHEREAS, said sign would be erected as a free standing sign that would
be lo~ated east of Sandy Road and on the north side of Shoreline Boulevard on
the Railroad Property and the request is for a 32 square foot sign as shown on
Exhibit "A"; and
WHEREAS, said. sign would identify the location of the Blue Lagoon Marina
located at 4850 Edgewater Drive; and
WHEREAS, the Planning Commission has reviewed the request for the 32
square foot sign and does recommend the sign be reduced to a directional sign
only with "Blue Lagoon Marina"and an arrow; size to be a maximum of 16 squ~re
'feet with a maximum df 8 feet in any dimension.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ~OF THE CITY OF
MOUND, MINNESOTA, does hereby approve the sign variance for a free standing
~advertising] sign~a maximum of 16 square feet in size with a maximum length of
8 feet to be located as requested on the Railroad ProEerty north of Shoreline
Boulevard and to the east of Sandy Road for direction~'purposes..~.~.~.
Page Z
Mr. Steve Pauly
May 29, 1985
Finally, I have asked the Police Dept. to monitor the parking of your boats
and trucks along Edgewater Drive. That is a very narrow street and I would
have thought you would have used County Road 15 to drive between the two
sites, but it looks like you.are primarily using Edgewater Drive. I am sure
a requirement,, if a permit is given, will be to restrict your. us6.to the
County Road.
The use of Martin &'Son as a boat demonstration and sales area is a
violation. The neighbors feel very strongly .and I agree, that to have
high powered boats revving up their engines and then roaring around the Bay
is a major new nuisance, and one that will be fought very strenuously by
the neighbors.
It does seem to me that your whole project is causing some major problems
and I am not sure how to resolve them. I do th.ink a good starter would be
for you to bring everything back into conformance to where i'~'was with
Martin & Son~ Also please see that the downtown site is kept totally within
the property rather than having boats parking everywhere.
I realize this letter will frustrate you, but a situation has been created
which before it'is done will be frustrating to everyone involved.
Sincerely,
City Manager
JE:fc
CITY OF MOUND
MOUND, MINNESOTA
NOTICE OF PUBLIC HEARING TO CONSIDER
THE ISSUANCE.OF "OFF SALE BEER LICENSE"
NOTICE IS HEREBY GIVEN that on Tuesday, June 11, 1985, at 7:30 P.M.
at the. City Hall, 5341Maywood Road, Mound, Minnesota, the City Council
will hold a public hearing to consider the issuance of an "Off Sale Beer
License" to Christine Malik Brickley and William Scott Brickley, DBA
Mound Superette, 2222 Commerce Blvd., Mound, Minnesota, described as:
Com at a pt 33 ft E and 164 ft S of the NW corner of the SW l&4
of the SW l&4 th E 108 5&lO ft th NWly 50 15&lOO ft to a pt 138
44&1OO ft E of W line of sec 'th W 105 44&1OO ft th S to beg'ex
road, Unplatted 13 117 24
PID Number 13-117-24 33 OOO1
All persons appearing at said bearing'will be given.the opportunity
to be heard.
Francene C. Clark, City Clerk
Publish in The Laker May 20,1985
Annual Fee
$200.00 ON SALE
$25.00 OFF SALE
(Owner/Manager)
Company Address:
CITY OF MOUND
5341 Maywood Road
.Mound, Minnesota 55364
APPLICATION FOR LICENSE TO SELL
NON-INTOXICATING MALT LIQUOR
(First) (Middle)
Applicant Date of Birth: 0~,2~.~
Citizen: ~'f~S "'
Home Address:
Home Telephone NO.: ~-~9~ ~o~ial
~ompany Na~: '
through 0 of the
f0_l l_0. w i.~g. year.
: .... : ,'":'~ '.-i i ....
, · ,- ., . i' : r
i! ;': NAR-8t985
1C4'i"Y OF
Origlnal: X Renewal:
(Last)
Company Officials: 1..
'Company Telephone No.: g7~:~.5~
(First) (Middle)
(First) (Middle)
(First) (Middle)
Type of Bus i ness ~ l ~ ~ O('-Z°-(2x~ ~'h'~ ~'(~
References: (L~st three - name and address'of each)
Indicate whether you sold
vious year: Yes:
zi'p:SS3 y
·
(Date of Birth)
(Date of Birth)
(Last) (Date of Birth)
$10,OOO or more of non-intoxicating malt liquor or wine in hre-
No: ~'
All
S~fetg'(Mir~n~"Stat., Sec. 340.11, Subd. 21).
:TIOI~ 32.03. A~pp]_~ca~ion '£or L~cens~. A~-'app~'~attons ~O~fi~-~6e~se to
se~ non-~to~ca:tng malt ~iquor' sha~ ~e made on $o~s to
supp~ed ~ the GIt7 sett[n~ ~or:h the oame o: the person asking
soc~ ~cense~ ~s age~ representa:~ons as to ~[s chara'cte~ ~ such
~e~ere~ces as ma7 ~e re~o[re&~ h~s c[t[~ensh~p~ t~e [ocat~o~ ~ere soch
~us~nes~ ~s ~o ~ carr~e~ on~ ~hether suc~ application ~s ~or "on sale"
or "off sales"~ the ~u~ines~ ~n co~ection ~th ~ich the propose&
~se ~ operate~ whether applicant is o~er and o~rator of such
the time such applicant has been ~ that business st that
plac% and such other i~o~atioa as the gove~g bod~ may reqoi~
from %~e %o %~e. It sha~ ~ u~a%~ %o make a false statemen%
~ an application. "-
applicants are to file a copy of the pToof of insurance ~ith (he Com~issi'oner of'Public.
Department Approval/Denial
(Submit memo if denied)
Approved Denied
Police Dept.
Administrative
Street Dept.
Bldg. Dept.
Fire Dept.
Water & Sewer
N O?ICl~.
Pursuant to Laws of Minnesota, 1984, Chapter 502, Article 8, Section 2 (270.72) (Tax
Clearance; Issuance of Licenses), the licensing authority is. required to provide to the
Minnesota Commissioner of Revenue your Minnesota business tax identification num-
ber and the social security number of each license applicant.
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of
1974, we are required to advise you of the following regarding the use of this infor-
mation: /
This information may be used to deny the .issuance or renewal of your
license in the event you owe Minnesota sales, employer's withholding or
motor vehicle excise taxes;
Upon receiving this information, the licensing authority will supply it only
to the Minnesota Department of Revenue. However, under the Federal
Exchange of Information Agreement the Department of Revenue may
supply this information to the Internal Revenue Service;
FA[LURE TO SUPPLY THIS INFORMATION MAY JEOPARDIZE OR
DELAY THE PROCESSING O1~ YOUR LICENSE ISSUANCE OR
RENEWAL APPLICATION.
Please supply the following information and return along with your application to the
licensing authority;
, pplicant's Last Name
ppplieant's Address J
First ]qame Middle Initial
Oity, State, Zip Code
I
I
City, State, Zip ~ode
Applicant's Social Security No.
Business ~ame
Business Address
Minnesota Tax Identification Number
Signature
?
V ~" D~te
Date of applic~t~n
Annual Fee: ~,~.~
-, - License-Period:~,. 3-1-85-to
' -" '~ ' 2'28
CITY OF MOUND 1'-7 ,
CIGARETT[ LIC£NSE APPLICATION ;. - !,'
(Print or type only) i'-' Jo,oO ~T' ~
(First). lei
Applicant Date of Birth: (~)(~'~)" ~ Drivers Lic. NO.:
Home Phone Number: V'7~' ~7~'?~) Social Security Number:~O- ~ -~~
Company Name: ~~ ~ (~ ~_.~ Company Telephone Number: ~
Company Address: ~~ 2~~OfC~ ~]g~ City: ~~ Zip:
(First) (Middle)
(~) / (Date of Birth)
(First) (Middle) ( (Date of Birth)
Kind of Business: ~~.tl ~VO(~
~ I 3ffice Use Only
of Ordinances, City of Mound, Minnesota Department Approval/De~ial
August, 1960 Submit memo if denied)
Chapter 37 - Licensing and Regulation of Certain Sales
Part A Cigarettes, Cigarette Wrappers, Cigars, Pipe ~proval' ~nia'
Tobacco, Cigarette Tobacco, Snuff, Chewing Tobacco
'olice Dept.
Section 37.04 Restrictions No such license shall be issued except ~ kdministrative
to a person of good moral character. No license shall be issued
to any applicant at any place other than his established place of Street Dept.
business. No license shall be issued for a vending machine for the ldo. lnsp.
vending of cigarettes, cigarette wrappers, cigar, pipe or cigarette
tobacco, snuff or chewing tobacco, except that such vending machine ark Dept.
be located in such place where persons under the age of 18 years aresewer/Water
prohibited from entering. No person, except a bona fide and duly Dept.
licensed and registered pharmacist or physician shall keep for sale
sel) or dispose of in any form any opium, ~rphine, jimson weed, Fire Dept.
'bella donna, strychnia, cocoaine, marijuana, or any deleterious or ....
po'sonous drug except nicotine~~~~ ~~~ .
~nature Of Appl leant
CITY OF MOUND
NOTICE OF PUBLIC HEARING
YEAR X URBAN HENNEPIN COUNTY
CDBG PROGRAM
NOTICE is hereby given that Hennepin County and the City of Mound,
pursuant to Title I of the Housing & Community ~evelopment Act of 1974,
hereby wishes to obtain views of any interested citizen regarding the
proposed reallocation of funds between the Tonka Plan Reuse (Project
#754) and a new proposed project Downtown Beautification. The total
funds proposed to be transferred are $10,OOO.OO.
~ The proposed hearing will be held on June 11, 1985, at 7:30 P.M.
in the Council Chambers at 5341Maywood Road, Mound, MN.
For additional information on proposed activities, contact the.
City of Mound, 5341Maywood Road, Mound, MN. 55364, 472-1155.
This public hearing is being held in accord with the Urban Hennepin
County CDBG Rules pursuant to M.S. 471.59.
Francene C. Clark, City Clerk--
Publish in The Laker May 28, 1985
i$?/
HENN
DATE:
TO:
FROM:
SUBJECT:
May 9, 1985
Files ,
Larry Blackstad
MOUND DOWNTOWN DEVELOPMENT TREE PLANNING/
ELIGIBILITY - FUNDABILITY
Pursuant to a request from the City of Mound to reprogram available CDBG
funds for the planting of trees in the downtown redevelopment area, the
writer contacted Louise Gerber of the Minneapolis Area HUD Office for a
determination of the project's fundability and eligibility~
Fundability:
The project was determined to be fundable pursuant to 24 CFR 507.901
(2)(B), in that the original analysis which lead to HUD's approval of
downtown Mound as a slum/blight qualified area, identified the lack of
and need for public improvement to enhance the downtown as a factor
contributing to the deterioration of the area.
The planting of trees on public property in downtown is an activity
designed to upgrade and update the area consistent with HUD's test for
qualifying activities.
Eligibility:
The project was determined to be eligible pursuant to 24 CFR
570.201(c) - Public Facilities and Improvements.
mlg
Z
IL!
~0
McCOMBS-KNUTSON AS 'OCIATES, INC.
Reply To:
12800 Industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
Hay 2, 1985
Widmer Brothers, Inc.
P.O. Box 218
Spring Park, HN 55384
SUBJECT:
City of Hound
Proposed Storm Sewer
Cambridge to Lake, Block 35
File #6693
Dear Tony:
Enclosed is a drawing and proposal for replacing a section of e~isting
storm sewer which is shaded in red on the drawing. The working conditions on
this are very tight, therefore I would suggest you visit the site before
submitting a proposal. We will not allow any trees to be removed except for
the dead maple at the outlet. It also appears a section of fence will have to
be removed and then replaced after the pipe is installed. This will be
incidental to the project as well as removing the existing C.M.P.
This project does not have a critical completion schedule, so it could be
used as a fill in job when your crew has an unscheduled day.
Please complete the bid proposal and submit it to this Office no later than
Hay 10, 1985. If you have any questions, please contact me.
Very truly yours,
NcCONBS-KNUTSON ASSOCIATES, INC.
OC:cah
cc: ,3on Elam
3ohn Cameron
print~l on recvclcd p;,pc.r
BID RROPOSAL
City of Mound
Cambridge Road Storm Sewer
ITEN -
12" P.V.C. Storm Sewer
12" P.V.C. - 7-1/20 Bend
12" C.M.P. Apron
Rip Rap (Hand Rlaced)
Restoration (Including 4" Black
D~rt and Sod)
QUANTITY UNIT PRICE
140 L.F. $_~.~/LF
2 EACH $ ~')~'/EA
1 EACH $ ~ ~EA
LUMP SLI~I $
TOTAL
TOTAL BID $
McCeMBS-KNUTSON
A I CIATE$ I C.
12800 Industri,~l Park Blvd.
PLYMOUTH, MN 55441
(612) 559-3700
WE ARE SENDING YOU /El Attached [] Under separate cover via
/
[] Shop drawings [] Prints [] Plans
[] Copy of letter [] Change order []
[] Samples
.the following items:
[] Specifications
THESE ARE TRANSMITTED as checked below:
[] For approval
/~ For your use
As requested
[] For review and comment
[] FOR BIDS DUE
REMARKS
[] Approved as submitted
[] Approved as noted
[] Returned for corrections
19
[] Resubmit
[] Submit
[] Return
copies for approval
copies for distribution
corrected prints
__ [] PRINTS RETURNED AFTER LOAN TO US
COPY TO_
PRODUCT240-2 ~lnc., groton, Mas~. 0147I
If enclosures are not as noted, kindly notify us a~ce.
BID PROPOSAL
City of Mound
Cambridge Road Storm Sewer
ITEN
12" P.V.C. Storm Sewer
12" P.V.C. - 7-1/2° Bend
12" C.M.P. Apron
Rip Rap (Hand Placed)
Restoration (Including 4" Black
Dirt and Sod)
QUANTITY
140 L.F.
2 EACH
i EACH
2 C.Y.
UNIT PRICE TOTAL
$ 7~' ~ /EA $ /~'~) ~
$ /.~c~°--° /EA $ /3~"~
$ ~4p ~ /cY $ /~o ~
LUNP SUN $../9,~Z:) --
TOTAL BID ...................................................... $ 7~4)~.
Oune 11, 1985
McCOMBS-KNUTSON ASSOCIATES, INC.
Reply To:
12800 Industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
Vern Veit
Oellico, Inc.
1480 Westwood Drive
Hinnetrista, HN 55364
Subject:
City of~ound
Lost Lake Addition
#6383
Dear Hr. Veit:
We are very concerned with procedures and quality of work being performed
by your contractor doing the utility construction on Lost Lake Addition. He is
not using procedures that are standards for the industry or as discussed in our
meeting of 5/13/85, such as, setting grades for sewer installation with batter
boards, laser or level. The use of a four foot carpenters level is not
reliable enough to maintain constant grade required for sanitary sewer
construction. In addition, there has been no significant compaction in the
first three feet of backfill in the trenches.
We wish to remind you of the following items contained in the development
contract signed by yourself and Hr. Nelson.
Item 3 - all work shall be subject to approval of the City Engineer.
Item 4 - the Developer shall specifically instruct his engineer to provide
adequate field inspection personnel to assure an acceptable level of
quality control to the extent that the Developer's engineer will be able to
certify that the construction work meets the approved City standards as a
condition of City acceptance.
Item 8 - the Developer warrants all work required to be performed by it
against poor material and facility workmanship for a period of one year
after its completion and acceptance by the City. The Developer shall post
maintenance bonds or other security acceptable to the City to secure the
warranties.
We as advisors for the City should not be dictating to your contractor how
to perform his job. This should be the responsibility of yourself or your
engineer. We will advise the City not to accept the completed project if any
tests fail or if in our opinion the work is unsatisfactory.
prir~ted on recycled paper
Vern Veit
June 11, 1985
Page Two
US.
If you have any questions or wish to discuss this matter, please contact
Sincerely,
~cCOMBS-KNUTSON ASSOCIATES, Inc.
OC:j
CC:
Oon Elam, Mound City ~anager
Mark Gronberg, Coffin & Gronberg
Gre9 Skinner, Mound ~ublic Works
3ohn Cameron
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS Il LAND SURVEYORS III PLANNERS
Oune 11, 1985
Reply To:
12800 Industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
Vern Veit
Oellico, Inc.
1480 Westwood Drive
Minnetrista, HN 55364
Subject:
City of Mound
Lost Lake Addition
#6383
Dear Mr. Veit:
We are very concerned with procedures and quality of work being performed
by your contractor doing the utility construction on Lost Lake Addition. He is
not using procedures that are standards for the industry or as discussed in our
meeting of 5/13/85, such as, setting grades for sewer installation with batter
boards, laser or level. The use of a four foot carpenters level is not
reliable enough to maintain constant grade required for sanitary sewer
construction. In addition, there has been no significant compaction in the
first three feet of backfill in the trenches.
We wish to remind you of the following items contained in the development
contract signed by yourself and Mr. Nelson.
Item 3 - all work shall be subject to approval of the City Engineer.
Item 4 - the Developer shall specifically instruct his engineer to provide
adequate field inspection personnel to assure an acceptable level of
quality control to the extent that the Developer's engineer will be able to
certify that the construction work meets the approved City standards as a
condition of City acceptance.
Item 8 - the Developer warrants all work required to be performed by it
against poor material and facility workmanship for a period of one year
after its completion and acceptance by the City. The Developer shall post
maintenance bonds or other security acceptable to the City to secure the
warranties.
We as advisors for the City should not be dictating to your contractor how
to perform his job. This should be the responsibility of yourself or your
engineer. We will advise the City not to accept the completed project if any
tests fail or if in our opinion the work is unsatisfactory,
printed on recvcled paper
Vern Veit
Oune 11, 1985
Pa~e Two
US.
If you have any questions or wish to discuss this matter, please contact
Sincerely,
McCE~BS-KNUTSON ASSOCIATES, Inc.
OC:j
CC:
Oon Elam, Mound City Manauer
Mark Gronberg, Coffin & Gronberu
Greu Skinner, Mound Public Works
Oohn Cameron
printed on recyc:iec~ [:~ape[
BID PROPOSAL
City of Mound
Cambridge Road Storm Sewer
ITEM
12" P.V.C. Storm Sewer
12" P.V.C. - 7-1/2° Bend
12" C.M.P. Apron
Rip Rap (Hand Placed)
Restoration (Including 4" Black
Dirt and Sod)
QUANTITY UNIT PRICE
2 EACH $ _~'0,~ 0/EA
i EACH
2 C.Y. $ ~0,0 0/C¥
LUMP SLN
TOTAL BID ......................................................
TOTAL
$ )dO,O 0
$ /00,00
$ /00, o0
$ }~0 o 0.0
$-,¢ L-,g ,~ O,.o 3
June 11, 19~5
RESOLUTION NO. 85-
RESOLUTION RECONVEYING PORTIONS OF CERTAIN TAX
FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE
COUNTY BOARD SELL THESE LANDS TO THE CITX OF MOUND
WHEREAS, the City of Mound requested conveyance to the
City of certain tax forfeit lots in WHIPPLE, for wetlands; and
WHEREAS, these lots were conveyed to the City in State
Deed #153578, dated August 19, 1977; and
WHEREAS, portions of these lots are above the wetlands
elevation of 929.5 feet and can be used for access to Blocks 15
and 16, WHIPPLE.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, is hereby reconveying the following
portions back to the State and requesting the County Board sell
these portions to the City of Mound:
Lots 2, 3, 4, 22, 23, & 24; all in Block 11, WHIPPLE,
Hennepin County, Minnesota
All that part of vacated Cobden Lane, 'Lot 1, Block 11,
and Lots 13'thru 21, Block 10, WHIPPLE, Hennepin County,
Minnesota, described as follows:
Beginning at the northwest corner of said Lot 1, Block
11; thence due East on an assumed bearing along the
north line of said Lot 1, Block tl, a distance of
22.00 feet; thence S 41 degrees 59' 14" E a distance
of 26.91 feet; thence S 44 degrees 03' 39" E a
distance of 43.14 feet; thence S 50 degrees 21' 21" E
a distance of 45.45 feet; thence S 51 degrees 20' 25"
E a distance of 19.21 feet; thence S 50 degrees 28'
39" E a distance of 51.86 feet; thence S 68 degrees
11' 55" E a distance of 43.08 feet; thence S 80
degrees 04' 26" E a distance of 40.61 feet; thence N
75 degrees 57' 50" E a distance of 41.23 feet; thence
N 78 degrees 41' 24" E a distance of 40.79 feet;
thence due East a distance of 40.00 feet; thence S 47
degrees 43' 35" E a distance of 44.60 feet to the
south line of said Lot 21, Block' 10; thence due West
along the south line of said Block 10 and its westerly
extension a distance of 353.00 feet to the southeast
corner of Lot 24, Block 11, WHIPPLE; thence due North,
along the east line of said Lot 24, Block 11, a
distance of 80.00 feet to the south line of said Lot
-1, Block 10; thence due West, along the south line of
said Lot 1, Block 10, a distance of 40.00 feet to the
June 11, 1985
southwest corner of said Lot 1, Block 10; thence due
North, along the west line of said Lot 1, Block 10, a
distance of 80.00 feet to the point of beginning.
(SURVEY AND EXHIBIT MAP ATTACHED)
The foregoing resolution was moved by Councilmember
and seconded by Councilmember .
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest:' City Cl~rk
s~aa4~ g
~o ~ ~aa4$
April 23, 1985
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
Mr. Dennis Morris
Tax'Forfeit Land
Public Service Level
Government Center
Minneapolis, MN. 55487
Dear Dennis,
The City appreciates you taking the time to try and help us solve a problem
and get some'property back on the tax roles. As you know Mound is a very
unique City with al.ot of unusual property problems. Island Park was platted
in the early 19OO's and unfortunately it was done on paper and was not looked
at by the people who pl~tted it. Thus, you have property platted in lots
and blocks and the topography of the land was not considered. Then the Lake
was raised and some of the platted land became wetlands or part of the Lake
itself.
Mr. Nell Weber owns 2 entire blocks (15 and 16, Whipple) which do not abut
an improved City street so that are unbuildable as they stand now because
our Zoning Ordinance requires property to abut an improved street and have
a 50 foot frontage on that street to be buildable. Please refer to the
maps attached as you read this letter.
Gobden Lane is totally unimproved.
11 and is unimproved from there on.
14 and is unimproved from there on.
and 'are too steep to allow access.)
Drummond Road stops at the end of Block
Windsor Road stops at the end of Block
(Both Drummond and Windsor drop off
In order to gain access to Blocks 15 and 16 from an improved street (Hanover
Road), Mr. Weber needs to purchase Lots 2, 3, 4, 22~ 23, 24 and part of
Lot 1, Block 11, Whipple and parts of Lots 13, 14, 15, 16, 17, 18, 19, 20
and 21, Block 10, Whipple. He has had a survey done to indicate where the
wetlands begin (See Exhibit "A").
He has applied for and the City Council has granted the vacation of the
following unimproved streets: Windsor Lane (between Blocks 15 and 16),,
Drummond Road (between Blocks 10 and 15), and Gobden Lane (between Blocks
10 and 11). (See Exhibit "B".)
Page 2
Mr. Dennis Morris
April 23, 1985
All of Block 10, Whipple and Lots 1, 2, 3, 4, 22, 23, 24, Block 11, Whipple
are State owned land. Our request is that the County allow us to purchase
Lots 2, 3, 4, 22, 23, 24, and part of Lot ~, Block 11, Whipple and parts of
Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, Block 10, Whipple (See Exhibit "A"
and legal description), for a price which the County Assessor feels is
fair. We would then resell this land to Mr. Weber for the same price.
Mr. Weber would then use this land for access to Block 15 and 16, replat
those blocks and the vacated streets to make several buildable lots.
Allowing us to do this would make the project conform with our Zoning
Ordinance and constitute a sound and orderly development of the land. If we
are not allowed to do this, we will not only still have the property in Blocks
10 and 11 off the tax roles, but we could also get Blocks.15 and 16 back
as a tax forfeit parcel and loose that tax money also.
The City realizes that the County policy has been'not to sell property to
municipalities so that they can resell it and we understand the reasoning
behind this. On the other .hand we are not trying to make money on.this
resale, we are just trying to allow development of an otherwise'landlocked
piece of property.
Sincerely,
Fran Clark
City Clerk
fc
eric.
cc: Nell Weber
HENNEPIN
DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS
A607 Government Center ~,,-~
Minneapolis, Minnesota 55487-0067 ~.~.~
May 23, 1985
Fran Clark
City of Mound
5341 Maywood Road
Mound, Minnesota
55364
Dear Fran:
Re: P.I.D.'s 25-117-24-12-0213 & 0214
I've received your letter concerning the sale of tax forfeited land to the
City of Mound for the purpose of resale to Mr. Neil Weber. We see no problem
in requesting the county board to approve this type of sale considering the
circumstances you have described. However, there is going to be some work
involved in order to arrive at that point.
These lots are currently on a conveyance to the City of Mound. The city
should reconvey those portions of the lots which it wants sold and also pass
a city resolution authorizing the reconveyance and requesting the sale. Once
we have received those we can proceed with the division of the property and
request an appraisal from the county assessor. I will notify you when the
appraisal is received and request that the city submit payment for the full
amount of the sale price. At that point we would submit the request to the
county board to approve the sale. When the approval is received we will order
the state deed. At that point you would be in a position to arrange your sale
to Mr. Weber.
Enclosed are some applications for reconveyance of portions of forfeited lands
which I recently discovered. They will be of more use to you than sitting in
a drawer here. If you have any questions concerning the procedures I've
outlined please call me at 348-5160.
Sincerely,
Dale G. Folstad.
Director of Property Tax and Public Records
Dennl s Morris
Delinquent Tax & Forfeited Land Section Supervisor
DGF:DM:ed
Enclosure
HENNEPIN COUNTY
an equal oppodunity employer
/371
BID PROPOSAL
City of Hound
Cambridge Road Storm Sewer
ITE~
12"'P.V.C. Storm Sewer
12" P.V.C. - ?-1/2° Bend
12" C.M.P. Apron
Rip Rap (Hand Placed)
QUANTITY
UNIT PRICE TOTAL
140 L.F. $ 2 Z./, ~'.~'/LF $.~,/~ ~'Z./, ~.~
2 EACH $
Restoration (Including 4" Black
Dirt and Sod)
LUMP SU~ $
Individual; Rartners~fip; Corporation
~on~: q/7~ - ~"/~'"
DEPARTMENT OF TRANSPORTATION
320 Washlngfon Av. E~oufh
Hopkins, Minnesota 55343-8468
935-3381
1-[Y935-6433
May 29, 1985
Mr. Jon Elam, City Manager
City of Mound
5341Maywood Road
Mound, Minnesota 55364
VARIANCE HEARING
CSAH 15 FROM CSAH 110 TO CSAH 19
COUNTY PROJECT 8024
SAP 27-615-13
Dear Mr. Elam:
Hennepin County was notified that a variance hearing will be conducted on the
above referenced project Friday, June 14, 1985, at 9:20 a.m. in Room 410A,
State Transportation Building, John Ireland Boulevard, St. Paul, Minnesota.
The Hennepin County Staff would appreciate your attendance at this hearing to
lend us support in our endeavor to obtain a variance from the State Aid
Standards.
If you have any questions, please do not hesitate to call me.
Sincerely,
~hi~e f°~s~nH~e~ E '
BMP: lar
CC:
Commissioner E. F. Robb, Jr.
V. T. Genzlinger
H. 0. Klossner
B. M. Polaczyk
HENNEPIN COUNTY
an cquol opportunity employer
March 21 ~ 1985
VIDEO MEDIA STAFF PERSON
CITY OF MOUND
II. ·
BUDGET
A $5.50 per hour for staff person average 10 hours per weekr~'~'''~
B. Tapes - $7.00 - $10.00 per tape if the city wishes to retain
original copy.
Co
Video Equipment - no charge to use Dow-Sat equipment or studio
facilities in Mound, providing all usage is for programming on
local access Channel 20 or non-commercial channel.
Channel Air Time - no charge for non-profit programming. At the
present time all local access programs are broadcast on Dow-Sat
Cable Channel 20 (Public Access-Education).
JOB RESPONSIBILITIES
A. Tape each Mound City Council meeting and be sure it is aired in a
timely fashion.
B. Additional program possibilities:
1. Location filming of items on agenda of Council meeting.
2. Special meetings attended by. City Council members (re: sewer,
water)
3. Selected Mound City Planning Commission meetings.
4. Open Forum - Hosted by City Manager. Question/Answer.
When facilities are available - tape live for phone-in
questions.
5. Focus on departments of the city. Park & Rec ....
6. Spotlight on city officers - "Who is the City Attorney and
what is his job?"
7. Highlight current issues - highways, recycling program.
8. New businesses in Mound.
9. "How the city serves the community."
JOYCE M. OLSON
85 Lakeview Avenue
Tonka Bay, Minnesota 55331
612/474-1567
PROFESSIONAL EXPERIENCE
FLEXIBLE EMPLOYMENT COORDINATOR February 1984 - Present United Mailing Inc., Chanhassen, Minnesota
- Eliminated the substantial use of temporary employment service employees by
establishing a large "in-house" pool of flexible employees to meet peak
demand periods thereby also preventing layoff of full time employees during
slow periods.
- Develop and promote employee activities
MANAGER OF SALES/MARKETING February 1983 - October 1983 Park Travel Company, Minneapolis, Minnesota
- Solicited corporate accounts in entire metro area for business travel.
- Demonstrated use of customized management reports to control and audit travel
expenses.
- Created guidelines for corporate Travel Policy Manual.
- Acted as representative for Park Travel Company in attendance to Greater
Minneapolis Chamber.of Commerce, Sales and Marketing Executives, and Small
Business Association.
RESIDENT BRANCH MANAGER 1981 - 1982
Kelly Services, Inc., Minneapolis, Minnesota
- Responsible for operation of Edina branch.
- Directed and maintained selling activities and territorial analysis.
- Managed recruiting and training of personnel.
- Oversaw all community relations, delivery of customer service, credit and
collection, and expense control.
- Acted as a liaison between temporary employees and customers.
GROUP SALES MANAGER 1979 - 1980
Carlton Bloomington Dinner Theatre, Inc., Bloomington, Minnesota
- Supervised group sales representatives and organized sales territories.
- Converted major corporate and association accounts for both employee
benefit and fundraising programs.
- Revamped discount programs for both seasonal and special events.
- Maintained close working relationship with theatre and catering manager.
GROUP SALES MANAGER 1976 - 1978
Valley Park, Inc., Shakopee, Minnesota
- Authorized by Valleyfair to visit other amusement parks to familiarize myself
with their group programs.
- Originated group sales manual containing policies and procedures for selling
and servicing-clients.
- Updated group programs.
- Planned department budgets, and estimated revenue plus ticket sales prior to
each selling season.
- Interviewed, hired,~ and trained permanent sales representatives and seasonal
assistants. Increased staff from 2 to 7.
- Devised territories in 5 state area for each representative and continu'ed to
sell major accounts. Department sales rose from 50,000 to 200,000 in group
attendance.
- November, 1977, was chosen by Valleyfair to attend the Annual International
Convention of Amusement Parks in New Orleans.
JOYCE M. OLSON/Page 2
GROUP SALES REPRESENTATIVE 1975 - 1976
Valley Park, Inc., Shakopee, Minnesota
- First sales representative for Valleyfair.
- Responsible for initial promoting of group accounts.
- Assisted with pre-arrival and on-site arrangements.
- Promoted new entertainment center in n~:tro and outstate areas by presentations
to corporations, schools, fraternal organizations and churches.
COMMERCIAL TRAVEL AGENT 1973 - 1975
Daytons Travel Service, Minneapolis, Minnesota
NURSES AIDE 1971 - 1973
Methodist Hospital, St. Louis Park, Minnesota
PROFESSIONAL DEVELOPMENT/EDUCATION
Owatonna High School, Owatonna, MN - 1969 Graduate
St. Cloud State College, St. Cloud, MN
September 1969 December 1972
Areas concentrated were speech, humanities, and theatre.
Humboldt Institute, Inc., Minneapolis, MN
April - December 1973 Graduated - Tour and Travel
Classes included English, typing, travel reservations, airline com~uter operation
and ticketing.
Security Schools, Burnsville, MN
Course I Real Estate October 6-9, 1980
October 1980 - Minnesota Real Estate Agents E×am
November 1980 - Received Minnesota Real Estate Salesperson license
Completed and certified by Wilson Learning Center, Eden Prairie, MN
Managing Interpersonal Relationships
I - February 1976 II - July 1978
Counselor Selling - December 1977
March 1984 - Completed course in Management and Human Relations
May 1984 -Completed 6 week course - Practical Personnel Administration - presented
by Employees Association of Greater Minneapolis
PROFESSIONAL ORGANIZATIONS
Hotel Sales Management Association.- Allied Member 1975 - 1980
Sales and Marketing Executives International - Member 1978, '79, '80, '83
Minnesota Women's Network - Member 1983
REFERENCES - FURNISHED UPON REQUEST
A. THOMAS WURST, P.A.
CURTIS A. PEARSON, P.A.
JOSEPH I~. HAMILTON, ~.A.
JANES D. LA~SON, ~A.
TNO~S E UNDEEWOOD,
LAW OFFICES
WURST, PEARSON, HAMILTON, IAR$ON & UNDERWOOD
I100 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
May 24, 1985
Ms. Jan. Bertrand, Building Official
City of Mound
5341 }faywood Road
>~und, ~ 55364
Re: Building Code
Dear Jan:
Pursuant to your request, we have updated Section 26.01
of the City Code.' Please review this to be sure we have all
the correct numbers, and if in order, it may then be presented
to the Council for consideration.
V~y t~ours,
C ~u~L~A. Pearson
City Attorney
CAP:!h
Enclosure
Jon:
6-3 -85
Jan has reviewed this and says it is alright.
1 77
ORDINANC~ NO.
AN ORDINANCE AMENDING SECTION 26.01 OF TEE CITY CODE ADOPTING THE
UPDATED MINNESOTA STATE BUILDING CODE; PROVIDING FOR IT'S
ADMINISTRATION AND ENFORCEMENT; REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING,
REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA, ANDMAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES
The City of Mound does ordain as follows:
Section.26.01 of the City Code is amended t0 read as follows:
I. Building Code. The Minnesota State Building Code, established
pursuant to Mn. Stats. 16B.60 through 16B.73, one copy of which is on file in
the office of the City Clerk, is hereby adopted as the building code for the
City of Mound. Such code is hereby incorporated in this ordinance as
completely as if set out in full.
ae
The 1985 Edition of the State Building Code effective
1/14/85 adopts by reference the followin~ codes:
(1)
(2)
1982 Edition of the Uniform Building Code,
identified as "UBC"."
1984 Edition o~ the National~ Electrical Code,"
.. identified as "NEC".
1981 American National Standard Safety Code for
Elevators, Dumbwaiters, Escalators and Moving
Walks, identified as ANSI Al7.1 - 1981 and
Supplement, ANSI A17.1a - 1982.
(4)
Minnesota Plumbing Code,
4715.001 - 4715.5600.
Minnesota Rules
(5)
Flood Proofing Regulations, June 1972, Office of
the Chief of Engineers, U.S. Army.
(6)
Minnesota Heating, Ventilating, Air Conditioning
and Refrigeration Code, Minnesota Rules
1345.0010 - 1345.3000.
Rules for Energy Conservation Alternatives in
Construction Minnesot~ Rules 1325.0600 - .0700
adopts by reference the 1983 CABO Model Energy
Code.
(8)
State of Minnesota Manufactured (Mobile) Home
Rules, identified as Minnesota Rules 1350.0100 -
.9200. (July 31, 1983)
137
Be
Ce
(9)
Standards of Performance for Solar Energy Systems
and Subsystems Applied to Energy Needs of
Buildings, 1977 Edition, identified as Minnesota
Rules 1325.1000 - .9500.
Mandatory Appendices. In addition to those items listed
above, the following Appendices, Standards, and
Supplemental Materials referenced in the Code are hereby
adopted by reference as part of the Building Code and
incorporated into this ordinance as completely as if set
out in full.
(1) Minnesota State Building Code, Technical
Requirements for Fallout Shelters, Minnesota
Rules Chapter 1330.
(2)
Minnesota State Building Code, Variations in Snow
Loads, Minnesota Rules Chapter 1365.
(3) .
1982 Uniform Building Code Appendix Chapter 35.
(4) Minnesota Plumbing Code, Minnesota Rules
4715.3900 - 4715.4100.
~ptional Appendices. The following Appendices,
Standards and Supplemental Materials are not a mandatory
part of the Code but are adopted by reference for the City
and are incorporated, without change, into this ordinance
as completely as if set out in full.
(1)
Minnesota State Building Code, Abbreviations and
Address of Technical Organizations, Minnesota
Rules 1300.2000.
(2)
(3)
1982 UBC Appendix, Chapters 1, 7, 38, 55, and 70.
Minnesota Plumbing Code, Minnesota Rules
4715.3500 -4715.3800.
(4)
Flood Proofing Regulations, Minnesota Rules
Chapter 1335.
(5)
Minnesota State Building Code, BUilding
Security, Minnesota Rules Chapter 1310.
II. Organization and Enforcement. The organization of the Building
Department and enforcement of the Code shall be as established by Chapter 12
of the Uniform Building Code 1982 Edition.
The Building Inspector shall be the Building Code Department of the City.
The Administrative Authority shall be a State Certified "Building
Official" so designated by the Appointing Authority.
Attest:
MayOr
City Clerk
Adopted by City Council
Published in Official Newspaper
TO:
FROM:
SUBJECT:
INTEROFFICE
Jon Elam, City Manager
Len Harrell, Cheif of Police
No Parking signs for Northern Road
MEMO
DATE
June 3
,19,
Attached is a diagram of the area of Northern Road, east of
Sandy Lane where you related that there had been complaints
regarding parking.
It is my understanding, from our discussion, that there is
a problem from people parking on Northern Road and that it
may be impeding traffic in the area. The road has a curve
where it meets with Edgewater Road and it is in that area
that the problem appears to exist.
My suggestion would be to add "No Parking" signs on Northern
Road at Sandy Lane and at Northern Road and Edgewater Road
on the south side of the street. This would eliminate the
bottle-neck that is caused by people parking on the short
curved area of Northern Road.
MICHAEL J. ADAMS
GREGORY D, GUSTAFSON
JAMES D. ATKINSON III
DANIEL R. TYSON
GARY D. PIHLSTROM
WILLIAM M. HABICHT
JAMES C. LAMPHERE
GUSTAFSON & ADAMS, P.A.
ATTORNEYS AT LAW
SUITE 411
7400 METRO BOULEVARD
EDINA, MINNESOTA 55435
TELEPHONE (612} 835-7277
May 13, 1985
OF COUNSEL
HARRY GUSTAFSON
Mr. Jon Elam
City of Mound
5341 Maywood Road
Mound, MN .55364
Re:
Balboa Minnesota Co. (City of Mound Lease)
Our File No: GDG-85-3264
Dear Jon:
I have enclosed herewith an original and three copies of amended
License to Store Motor Vehicles and Indemnification Agreement. My
client reviewed the prior document and has requested certain changes
be now which are now incorporated into this Agreement.
I am enclosing also herewith the copies of the executed document
which you had previously sent to me.
If there are any problems or concerns, please contact me.
Sincerely yours,
GUSTAFSON & ADAMS, P.A.
Tyson
DRT:bfr
Enclosures
LICENSE TO STORE MOTOR VEHICLES
AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made ana entered into t~is day of April, 1985, by
and between BALBOA MINNESOTA CO., a Minnesota corporation ("Balboa") with offi-
ces located at 5311Topanga Canyon Boulevard, Suite 300, Woodland Hills,
California 91364 and THE CITY OF MOUND, a Minnesota municipal corporation, with
offices located at 5341Maywood Road, Mound, Minnesota 55364 ("City").
WHEREAS, the City has requested of Balboa the right and license to store on
certain premises located in the City of Mound certain vehicles, equipment and
materials on the premises located at 5340 Shoreline Boulevard, Mound, Minnesota,
leyal'ly described as follows:
See Exhibit A attached hereto and made a part ~ereof by reference
(herein "Premises"); and
WHEREAS, Balboa is desirous of yranting the City a license to store r,~)tor
vehicles, equipment and machinery under the terms and conditions provided
herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises con-
tained herein and of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency or' which is hereby acknowledged, t~e
parties a~ree as follows:
1. Balboa does hereby grant to City the license to occupy and use the
Premises subject to the terms and conditions hereof.
2. The Pr. emises may be occupied and used by City solely for the purposes
of storage of City owned vehicles, equipment and certaiq~materials which have
.b~een approved in writin9 as storage items b~_.~Balboa .(~'_A_lajaroved Materials"J_ and
for incidential purposes related thereto during the period commencing March 1,
1985 and continuin§ until this Agreement is terminated as hereinafter provided.
3. In consideration for this License, the City shall not be 'required to
pay any monetary consideration, however, in consideration of the premises and
covenants contained herein will and hereby does agree to indemnify and hold
Balboa harmless as provided below.
4. Either party may terminate this Agreement by yiving written notice to
t~le other specifying the date of termination, which notice shall be given not
less than thirty (30) days prior to the date therein specified for termination.
Should the Premises or .any part thereof, be totally destroyed by fire Or other
casualty, this Agreement, at the option of either party, shall immediately ter-
minate. In the case of partial destruction, this Agreement may be terminated by
either party by giving written notice to the other specifying the date of ter-
mination, such notice to be given within fifteen (15) days after such partial
destruction and not less than thirty (30) days prior to the termination date
therein specified. Notwithstanding the termination of this agreemen.t by either
?rty in connection with this License, the City's covenants and obliggtions with
respect to the a§reement to indemniY_y~o_l_d__Balb, o~a_ba£ml_es~s__h~e__r.~u__n_~_r___s.~.a]~
survive such terminati.on,
5, This Agreement and the rights created hereunder are personal to the City
of Mound and such license shall not be assigned in whole or in part by the City
to any person or entity without the prior written consent of Balboa.
6, The City agrees to indemnify Balboa against and hold Balboa harmless
from any and al'l 'liability or loss or damage for any injury to persons or pro-
perty w~ich Balboa may suffer as a result of the following:
-2-
a) Any claims, aemands, costs or judyments against Balboa arising out
of any actions, omissions or negligence of City, its agents, permitted assigns,
and to the extent not prohibited b.¥ law~ Balboa~ or any persons involving the
storage, location and removal of vehicles, equipment or materials of the City on
the Premises;
b) Any claims, demands, costs or jud§ments against Balboa arising as a
result of any action, omission or ne§ligence of t~e City, its agents, permitted
assiyns, and to the e~l~e-~--~rohibited by law, Balboa, ~or any persons with
respect to any use of ~he Pr~mises pursuant to this License Agreement or other-
wise.
The City does hereby agree that Balboa, its agents, licensees or assigns
shall not be liable and the City does hereby release Balboa and waive all claims
to damage to person or property sustained on the Premises, directly or
indirectly, from any and all acts, omissions or ne§ligence Of Balboa, its
agents, successors, licensees or assigns or any person, in connection with the
ownership, use, operation or maintenance of the Premises or from any existing or
future condition, defect, matter or thing in the Premises. T~is provision,
however, shall not release Balboa from any obligations or liabilities with
respect ~o any orc~inance requirements of the City imposed in connection with the
ownership or use ol~ the Premises.
8. The City agrees to provide all necessary security personnel and take all
necessary measures for the protection of their property located on the Premises.
The parties understand t~at ~alboa is no~ required to ~rov~de a.qy security per-
sonnel or a secured ~'acility in connection with this Agreement or otherwise.
lne City shall no~ store any flammable, hazardous substances, ~azardous wastes,
pollutants or contaminants on the Property. The City shall su~it a list oi~ the
-3-
vehicles, e_Quipment and. Approved Materials to Balboa upon execution of this
Agreement and agrees to supplement such list as,c, han~es are made to such list
from time to time.~.
9. The City agrees to defend Balboa at the City's sole cost and expense,
against any claims brou§ht or actions filed against Balboa ?,e]atin. g to the
fore§oin§ indemnity. Balboa shall have the right to approve legal counsel for
the City in connection with such defense and may after notice to City require
the City at the City's sole cost aha expense to substitute counsel of Balboa's
choice at any time durin_~L~i~he..~O_~_rse of such defense. All of Balboa's~co~s~t_~.~
,including its attorne2s' fees incurred by Balboa shall be reimbursed by the City..
within thirty (30) days af.ter notice b.v Balboa.
10. All notices provided hereunder shall be deemed made if mailed to either
party at the adaress stated on Page One and mailed first class postage prepaid
or. aelivered, personally.to City or Balboa or their designated agent.
11. This Agreement shall be construed under the laws of the State of,
Minnesota. Tnis Agreement shall be amended only in writing.
12. lhe City agrees to notify Balboa in writing within fifteen (15) days of
notice to them of.any claim made against City with respect to the obligations or
occurrences indemnified against it under this Agreement.
13. This Agreement shall be binding and benefit the parties, their suc-
cessors or assigns.
IN WITNESS WHEREOF, the parties have executed the foregoing Agreement as of
~he date and year first a~ove written.
BALBOA MINNESOTA CO.
CITY OF MOUND
By: By:
Its: Its:
AG~I~A/~AL~OA1.1
-4-
By:
Its:
PURCHASE AGREEMENT
1985, by and between Will N. Johnson, et. al., Owner(s) and
Seller(s) (collectively the "Seller"), and the City of Mound,
Minnesota, Buyer.
WITNESSETH:
WHEREAS, Seller is the owner of that certain real estate
described in paragraph 1 below (the "Subject Property"); and
WHEREAS, Buyer desires to acquire the Subject Property to own
in fee simple for redevelopment purposes; and
WHEREAS, Seller agrees tO sell the S;bject Property to Buyer;
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. ~.grnest Money. That in Consideration of the mutual
agreements herein contained and the sum of One Dollar and No
Cents ($1.00) ("Earnest Money") paid by the Buyer to the Seller,
the receipt of which is hereby acknowledged, the Seller hereby
grants unto the Buyer the exclusive right to purchase the
following tract or parcel of land (Subject Property) situated in
the County of Hennepin, State of Minnesota, to-wit;
The North 22.5 feet of the South 24 feet of the West
100 feet of Lot 45, Koehler's Addition to Mound, Lake
Minnetonka, Hennepin County, Minnesota
and the immovable fixtures attached to the Subject Property and
identified in Exhibit A hereto.
( ~~ 2. Purchase Price. The purchase price for the Subject
\ ~/~Property shall be Eighty Thousand Dollars and No Cents
/ . ~ Money shall be applied as a partial pre-payment thereof. The -
Buyer, in its. discretion and in partial payment of the'purchase
price, may assume or take title subject to any existing indebtedness
encumbering the Subject Property, in which case the cash to be
paid at the time of closing shall be reduced by the then remaining
indebtedness.
3. Marketability of Title. The Seller shall, within ten
(10) days of the date of this Purchase Agreement, deliver to the
Buyer all unrecorded instruments relating to interests in the
Subject Property, and an abstract of title or a registered
property abstract continued to the date of delivery and including
proper searches for judgments, bankruptcies, state and federal tax
liens, real estate taxes and specia~ assessments', showing
marketable title to the Subject Property in the Seller. After
delivery of said abstract or registered property abstract, the
Buyer shall have twenty (20) days for the e~amination thereof, and
to deliver written objections, if any, to the Seller. Seller
shall permit no additional encumbrances to be made upon the
Subject Property between the date of this Purchase Agreement and
the Closing Date.
In the event that title to the Subject Property is found by
the Buyer to be unmarketable, .and cannot be made marketable by the
Seller by the Closing Date, then, at the'option of the Buyer, this
Agreement shall be null and void.'and the Earnest Money shall be
refunded forthwith to the Buyer.
4. C19sin~ Date. The closing of the sale of Subject
Property shall take place sixty (60) days after the date of this
Purchase Agreement, or at such earlier or later date as may be
'mutually agreed upon by the Seller and Buyer.
5. Deed Delivered at C16sing. Seller agrees to give good
and marketable title to Subject Property in fee-simple, together
with all improvements, hereditaments and appurtenances thereunto
belonging and all of the right,'title and interest of the Seller '
in and to any streets or alleys'adjoining or abutting thereon, and
to convey the same by warranty deed joined in by all individuals
known collectively as Seller herein (and by spouse, if any), and
in form acceptable to counsel for Buyer.
6. Seller's Representations and Ad)ustments. The Seller
~~agrees to free the Subject Property from all taxes, assessments,
date ~f closing, except that it is agree~ that all real estate
taxes due and payable in the year of the Closing Date and all
rents, utilities, insurance premiums on transferable policies and
other income and expenses relating to the Subject Property, shal~
pro-rated to Seller and Buyer as of the ~l~-i~..g Dat~.
7. Costs to Clear Title and Closing Costs. If the Seller
fails to clear title to the extent herein.required, or to submit
evidence of his ability to do so, and such failure continues for
ninety (90) days after the notice of defects, the Buyer may,clear
title to the extent required and charge the cost of clearing t~
the Seller. All expenses of examination of title and of recording
the Seller's warranty deed shal be paid by the Buyer.
8. Exceptions to Marketable Title. Seller shall convey
marketable title to the Subject Property to the Buyer subject only
to the following exceptions:
a. Building and zoning ~aws, ordinances, State and
Federal regulations.
b. Reservation of any minerals or mineral rights to
the State of Minnesota.
c. Utility and drainage easements.
9. No Broker Involved. The Seller and Buyer represent and
warrant to each other that there is no broker involved in this
transaction with whom it has negotiated or to whom it has agreed
to pay a broker commission Or finders-' fees in connection'with
negotiations for purchase of the Subject Property arising out of
any alleged agreement, commitment or negotiation by Buyer, and
Seller agrees to indemnify Buyer for any and all.olaims for
brokerage commissions or finders' fees in connection with
negotiations for the sale of the Subject Property arising out of
any alleged agreement, commitment or negotiation by Seller.
10. Possession and Insurance, Seller shall continue in
possession of the Subject Property until the Closing Date, and
shall maintain it in its present condition. On the Closing Date
possession shall be delivered to ~he Buyer. 'Risk of ioss from
casualty or any liability incurred by or as a result of the use or
contact with the Subject Property shall be the Seller's until
delivery of possession to the Buyer as herein provided.
11. Personal Property. On Closing Date, the Seller shall
shall have removed from the Subject Property any and all personal
property belonging to him. The Seller shall hold the Buyer
harmless for disposal of personal property left in or at the
.!
Subject Property by the Seller after the date of closing.
12. Relocation Costs. The Buyer shall pay relocation costs,
if.~ny, which will be determined in accordance with Minnesota
Statutes, Chapter 117, and paid separately by the Buyer, no part
of which is reflected in the purchase price contained in paragraph
2, above.
13. Entire Agreement; Amendments. This Purchase Agreement
constitutes the entire agreement between the parties and no other
agreement prior to this Purchase Agreement or contemporaneous
herewith shall be effective except as expressly set forth or
incorporated herein. Any purported amendment hereto shall not be
effective unless it shall be set forth in'writing and executed by
both parties hereto or their respective successors or assigns.
14. Binding Effect; Assignment. Thi~ Agreement shall be
binding upon and inure to the benefit of the 'parties hereto, and
their respective heirs, executors., administrators, successors and
assigns. Buyer shall not assign his rights and interest hereunder
without notice to Seller except to the State of Minnesota, and
Seller shall give notice to'Buyer of'assignment of .its interests
in the manner p~escrlbed in paragraph 15 hereof.
15. Notice. Any notice, demand, request or other communication
which may or shall be given or served to or on Seller by Buyer or
to or on Buyer b~ Seller shall be deemed to have been given or
served on the date the same is deposited in the United States
mail, registered or certified, postage prepaid and addressed as
If to Seller: Will N. Johnson
P.O. Box 147
Mound, MN 55364
b. If to Buyer: Jon Elam, .City Manage~
City of Mound
5341 Maywood Road
Mound, MN 55364
16. Specific Performance. This Purchase Agreement may be
specifically enforced by the Buyer.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands, the day and year first printed above.
follows:
a.
STATE OF MINNESOTA
)
) ss.
COUNTY OF I~~ )
On this the 1)vt day of ~ ,
19~-, before me, a ~ry Public,. p~rsonally appeared
known to me to be the persons whose names are subscribed to the
within instrument and who executed the same for the purpose
therein contained as their free and voluntary acts.
by:. Mayor P~o Tem
B~ CITY 0~' "OUND
~: City Manager
· ) ss.
COONT~ O~ Henhepl n )
On this the 28th day of May ,
198_~, before me, a--~ry Public, personally appeared Russel! H.
Peterson, Mayor Pro Tem and Jon E]am. City M~nnn.r
known to me to be the persons whose names are Subscribed to the
within instrument and who executed the same for the PUrpose
therein contained as their free and voluntary act.
L ~
EXHIBIT A
DIVISION OF APPRAISAL COVERAGE
PROPERTY ANALYSIS
FOR:__Ctty ~f Mound -Jon ...Elam, C!..ty Manager
BUSINESS NAME: Mr. B's Bakery
BUSINESS OWNER: Mr. John Blackowiak
BU[I,DING OWNER: Will Johnson
PROPERTY LOCATION: 2234 Commerce Blvd. - Mound, Minnesota 55364
DATE: March 8, 1985 LISTED BY: Gerald A. McKinzle PENFIELD, INC._
The property analysis listing is completed to assure proper division
of appraisal coverage. Items listed and designated as real estate will
be included in the real estate appraisal, and those items listed but
designated other than real estate, will be omitted from consideration
in uhe real estate appraisal. The business fixture appraisal wil~ con-
sider only the "Immovable Fixtures".
OWNERSHIP KEY:
= Fee Owner T = Tenant
LE = Leased Equipment
2
3
5
6
FOR: City Of Mound
BUSINESS: Mr. B's Bakery
DATE:~PAGE. 1
L = Lessee
U = Unknown A~ This Time
OF' 5' PAGEb.
ITEM DESCRiPTI'ON
EXTERIOR
Single story commercial building with
basement, including basic land area plus
all normal building appurtenances such as
electrical service, lighting, plumbing, ant
heating
Sign on upper part of building front
Sign on building south side wall
Sign'on rear wall of building
Lot of bituminous site paving
INIERIOR
FRONT ~[~ AREA
Group of 5 small Formica cafe type tables
with l0 chairs
Long vinyl covered bench type seat with
backrest
0
L
L
L
0
X
×
/~/~ -4.- PENFIELD, INC.
CONTI~UATION OF PROPERTY ANALYSIS LISTING
- -- BUSINESS: Mr. B's Bakery
AT: 2234 Commerce Blvd' - Mound Minnesota
m PAGE 2 OF PAGES
~ <z DATE: 3-8-85 5
~ ITEM DESCRIPTION
8 I Movable small two door metal ba~e cabinet
with "Bunn" ~our-D-Matic coffee maker, plug
& cord
9 1 Large display upright cooler "Nor Lake"
with two glass doors & interior wire rack
shelves
10 1 Painted sign on north wall (Mr. B's Bakery
& Coffee Shop)
11 4 Lower type glass front & top bakery display
cases with sliding door back side for
access
12 4 Taller type bakery display cases with
sliding glass door front & interior wire
shelf racks
13 1 Free standing six shelf bread & rolls
display rack
14 1- Painted wood table with wrought iron legs,
to display .buns or other bread items
15 2 Wire 3 shelf racks attached to south side
wall
16 2 Front area hanging plants
17 I Lot of misc. trays with misc. bakery items
displayed for sale in Items #10, 11, & 12
18 1 Wood triangular cash register counter
19 1 Delta 300 cash register
20 I Small painted wood work table
21 2 Metal closed bakery storage cabinets ~
REAR WORK AREA
22 1 3 basin stainless steel sink ~ith plumbing
connections
~ 23 ]. Evenfl'ow window box fan, plug & cord
24 1 Electric box fan on stand for cooling baked
items
CONTINUATION OF PROPERTY ANALYSIS LiLTiNG
BUSINESS: Mr. B's Bakery
~' ~ ~: 2234 Commerge Blvd,,- Mound Minnesota
m ~ PAGES
~ DATE: 3-8-85 PAGE 3 OF 5
~ ITEM DESCRIPTION
25 1 Very large butcher block top work table
to rear side of part of Item #12 L X
26 1 Special electrical run & outlet to top of
case (on part of Item #12) L X
27 1 Wood shelf & rack above Item #25 L
28 I Employee time clock & time card rack L X
29 1 Wall mounted order write-up desk L X
30 1 Telephone LE X
31 ! Oliver bread slicer L X
3~ 1 Formica top work table with iron pipe legs
(fixed to floor) L X
33 1 Sears electric calculator, plug & cord L X
34 1 Cecilware ftosting warmer L X
35 1 Lot of misc. racks for cooling, storage,
moving, etc. of bakery items L X
36 1 Two wheel dolly truck cart L X
37 1 Very large baking oven, "Middleby-Marshall" L X
38 1 Peerless ceiling mounted heater 0
39 1 Metal cart for moving, bakery items L X
40 1 Round metal pot on stand with wheels &
cover .. L X
4I I Free standing metal wire shelf rack L X
42 1 Butcher-block top work table with steel
legs & lower shelf L X
43 1 Wire rack shelf attached to wall above
Item #42 L X
44 1 Large deep fryer with right side counter
extension, stainless steel L X
45 1 Gas fired heater unit for heating
ingredients L X
-6- PENFIELD, INC.
,CONTIi~UAT!ON OF PROPERTY ANALYSIS L£~ifi~G -
- BUSINES$._Mr. S's Baker~ ~ ~ ~ ~
~ ~ AT: 2234 Commerce Blvd- Mound Minnesota ~ ':~ ~ m~ ~
~i z DATE: 3-8-85 PAGE ~ OF 5
~ ITEM DESCRIPTION
46 1 Exhaust hood above Item Nos. C4 & 45 L X
47 1 Dough steamer enclosure (for dough rising) L X
48 1 Four door, 3 compartment, large upright
cooler with wire shelf racks inside.
Traulsen L X
49 I Acme roi-sheeter machine L X
50 1 Butcher block work table with wire rack
shelves attached to the top. (Fixed to the
floor) L X
51 1 Can opener.mounted to Item #50 L X
52 1 Large floor model Hobart mixer L X
53 1 Stainless steel sink~ single basin with
drain board L X
54 1~' Smaller Hobart mixer %~ith metal, stand L X
55 1 Utensil rack mounted %o wall above Item #54 L X
56 1 Free standing 3 wire shelf rack-unit L X
57 1 Ye~y large butcher block work table with
steel base & legs below L X
58 1 Four shelf wire rack unit on top #57 L X
59 1 Lot of misc. trays, racks, supDlies, tools,
utensils, ingredients, containers, etc. L X
60 1 ~ery large 3 door' upright cooler "Pack-O-
Mach" with interior rack shelves L X
61 I Erika (bun machine) L X
62 1 Wall mounted wire rack unit with 3 shelves L X
63 1 Fire extinguisher L X
64 1 Free standing metal file & storage cabinet L X
65 1 Wall exhaust fan above side door L X
66 1 Lot of fluorescent lighting throughout 0 X
67 1 .Lot of wood paneling on walls 0 X
CONTI[~UATION OF PROPERTY ANALYSIS LISTING
~ BUSINESS: Mr. B's Bakery
~ ~ AT:...2234 Commerce Blvd..- Moun4, Minnesota
~ ~ z~ DATE: 3-8-85_PAGE ~ OF 5 PAGES
cy ITEM DESCRIPTION ~
BASEMENT ·
68 1 Gas fired steam boiler for bakery
69 1 Gas fired 65 gallon hot water heater
70 1 Water softener
71 2 Compressors for equipment upstairs
72 1 Lot of misc. built-in wood shelving &
racking
73 1 Lot of storage of supplie~, trays,
containers,, tools, equipment, etc.
7
DIVISION OF APPRAISAL COVERAGE
PROPERTY ANALYSIS
FOR: City of Mound, Jon glam- C~.ty Manager
BUSINESS NAME: Mound Sta-Safe Locksmith
BUSINESS OWNER: Mr. Roe Miles
BUILDING OWNER: Will Johnson
PROPERTY LOCATION: 2236 Commerce Blvd., Mound, MN. 55364
DATE: March 8', 1985 LISTED BY: Gerald A. McKinzie PENFIELD, INC
The property analysis listing is completed to assure proper division
of appraisal coverage. Items listed and designated as real. estate will
be included in the real estate appraisal, and those items listed but
designated other than real estate, will be omitted from consideration
in the real estate appraisal. The business fixture appraisal will con-
sider only the "Immovable Fixtures".
OWNERSHIP KEY:
0 = Fee Owner T = Tenan~ L = Lessee
LE = Leased Equipment U = Unknown At This Time
FOR: City of Mound
BUSINESS: Mound Sta-Safe Locksmith
PAGE L OF ' ~ PAGES
DATE: ~-8-85 _
iTEH DESCRIPTION
EXTERIOR
Single story commercial building with
basement, and including basic land area
and all normal building appurtenances such
as electrical services, lighting, plumbing,
and heating
Lot of b~tuminous site paving
Sign above front edify door
INTERIOR
Two wall entry partitions at bottom
stairs, includ[ng door & wall light
Lot of carpeting throughout
Lot of recessed ceiling lighting
Surface mounted ceiling fluorescent lights
Lot of ceiling coverings
Lot of wall paneling on outside walls
X
CONTINUATION OF 'PROPERTY ANALYSIS LISTING
- - BUSINESS: Mound Sta-Safe Locksmith ~ ~: ~ ~.
~ ~ AT: 2236 Commerce Blvd., Mound,. MN 55364
~ ~ PAGE__Z___ OF PAGES
~ z DATE: 3-8-85_ 4
z: = ITEM DESCRIPTION
FRONT CUSTOMER AREA
10 1 "740" Powershop, plug & cord T X
11 5 Fiberglass baskets with tops T X
t2 2 Small hoppers (one on wheeled rack), steel T X
13 1 Stored electrical "Sta-Safe Locksmith" sign T X
14 1 In corner storage area, one lot of misc.
stored items. Mop bucket, vacuum cleaner,
oxTgen tan. ks, etc. T X
15 1 Metal large four shelf unit T .X
16 1 Large steel safe' floor standing type.
(Heavy item to move) T X
17 1 Customer 'service counter with glass display
case top T X
i8 1 Built-in~customer service counter (ends at
north wall), includes b~tton for customer
service buzzer T X
19 1 Frame partition behind Item #18 including
mounted plywood & roughly 12 rows of 125
finish nails for hanging keys T X
20 1 Lot of misc. key blanks, small tools, small
parts, small parts cabinets, supplies, stock
& inventory, etc. throughout rented area T X
21 1 Clary cash register T X
22 1 iLarge shop type vacuum cleaner T X
23 1 Very long built-in work counter along south
wall T X
24 2 Wall mounted plywood-racks on south wall
above Item #23 T X
25 4 Various elec. operated ke7 making machines
on Item #23 T X
26 1 Check protector T X
27 1 IBM typewr~iter. T X
/~/~ -5- PENFII=I n. INC.
CONTIiIUATION OF PROPERTY ANALYSIS LISTING
i BUSINESS: Mound Sta-Safe Locksmith
~ ~ AT: 2236 Commerce Blvd, Mound, MN. 55364 ~ z ~ ~~,m ~'~
~ - ~ o~ ~= <= <<
~ z DATE:_3-8-85 ~GE 3 OF ~ ?~GES
~ ITEM DESCRIPTION
28 1 Telephone U.
REAR IlEA
291 1 L-shaped built-in counter extending back
from the rear side of'Item #19 T X
30 3 Wall mounted wood shelves above Item #29 T X
31 1 HPC Code-A-Key machine on Item #29 T X
32 1 Large bench vise on Item ~29 'T X
33 1 Eelg~ electric grinder on lEem #29 T X
34 1 Drill press on Item #29 T 'X
35 1 Peerless ceiling hung. heater 0 X
36 1 Panasonic video camera & trippd' T X
37 2 Five high metal' Shelf unit~ T ! X
38 1 Wood chai~- T X
39 1 Metal dhair T X
40 1 Wood desk (small) T X
41 1 Commodore personal computer T X
42 1 Built-in plywood table for computer T X
431 1 Built-in wall shelf above Item #40 T X
44 1 Lot of-~misc, office tOols, equipment,
supplies, papers, books, etc. T X
45 1 Small round table T X
46 1 Sound system with speakers T X
47 1 Hoover upright vacuum cleaner T X
48 1 Musical string instrument in case T X
REAR AREA
49i 1 Small metal stand with coffee pot & equip. T X
50' I Sanyo TV - 12" T X
-6- PENFIELD, iNC. /~"',~
CONTI[~UATION OF PROPERTY ANALYSIS
"' BUSINESS: Mound Sta-Safe Locksmith
~ ~T: 2236 Commerce Blvd, Mound, MN 55364
~m ~ PAGE ~ OF ~ PAGES
~ ITEM DESCRIPTION
51 1 Frigidaire refrigerator
52 1 Kitchen stove'
53~ 1 Lot of misc. stored personal property items,
including shotguns, sound equipment, musical
equipment, books, magazines, tools,
equipment, etc.
54 1 Small frame partition behind Item ~52
SHOP AREA
55 1 Built-in shelf on rear side of Item ~54
56 1 Group of 2 wall shelves on 2 other wal~s
57 1 Small built-in Formica work counter & wall
to which it is attached
58 1 Built-in work counter with 'she'll below on -
west wall '
59 1 Lot of misc. tools, equip., supplies, etc.
FAR REAR -
60 2 Exit signs
REST ROOM
61 1 Water closet
62 1 Wall hung lavatory sink
63 3 12" x .12" mirror tiles
64 1 Metal wall mounted paper towel dispenser
65 I Small metal base cabinet, free standing
ADDENDUM
This Addendum modifies and supplements the terms of the
Purchase Agreement ~ated May 23, 1985, entered into by and
between William and Phyllis Johnson and the City of Mound.
Purchasers agree to accept or reject the purchase terms
within twelve (12) days of execution'by the Sellers. If not
accepted by June 5, 1985, the Purchase Agreement shall be null
and void.
This Purchase Agreement is expressly contingent upon the
adoption by the City Council for the City of Mound of a resolu-
tion allowing the release by the State of Minnesota of that
parcel described as:
Lot 40, Koehler's Addition to Mound,
Hennepin County,
for sale to,ad~landowners,~ i by private sale.
.
Phyfiis ~. ~hn~on
STATE OF ~INNESOTA )
)
CO~TY OF HE~EPIN )
On this 2~ day of May, 1985,.before me a notary public,
appeared William N. JohnsOn and Phyllis A. Johnson, known to me
to be the persons whose n~es are subscribed to the within instru-
ment, and who executed the' s~e for the purpose therein contained
as their free and voluntary act.
~IlSSYW
/'-ODS
'D '~ 6': J
Addendum - Continued
Buyer CITY OF MOUND
BY: Mayor Pro Tam .
]~/d r~ClTY OF MOUND
B¥.7' City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 28th day of May, 1985, before me a notary public,
appeared Russell H. Paterson, MayorPro Temnd Jon Elam, City Manager
known to me to be the persons whose names are subscribed to the
within instrument, and who executed the same for the purpose
~herein contained as their free and voluntary act.
Notary Public
ADDENDUM~
This Addendum modifies and supplements the terms of the
purchase Agreement dated May 23, 1985, entered into by and
between William 'and Phyllis Johnson and the City of Mound.
Paragraph 6 is amended to read as originally typed.
Long hand amendments are deleted.
Paragraph 2 is amended to provide for a purchase price
of $85,050.00.
Peter W-. Jdhnson, as Attorney and
Agent for William and Phyllis Johnson
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
On this ~ day of ~, 1985, before me a notary public,
appeared Peter W. Johnson, known to me to be the person whose
name is subscribe~ to the within instrument, and who executed
the same for the purpose therein contained as their free and
voluntary aCt-
HENNEPIN COUNTY
BUYER: City of Mound
By: Mayor Pro Tem
STATE OF MINNESOTA )
) SS.
COUNTY. OF HENNEPIN )
On this __ day of
BUYER: City of Mound
By: City Manager
, 1985, before me a notary public,
appeared Russell H. Peterson, Mayor Pro Tem, and Jori Elam, City
Manager, known to me to be the persons whose nam'es are subscribed
to the within instrument, and who executed the same for the pur-
pose therein contained as their free and voluntary act.
Notary Public
BILLS ....... JUNE 11, 198'5
Batch 854054 .... Computer run dated 5/31/85
Batch 854055 .... Computer run dated 5/07/85
Batch 854062 .... Listed below
TOTAL BILLS
Air Comm June radio contract
Internatl Inst Mun Clk Memb thru June '86
Burlington Northern
ICMA
Metro Fine
Pitney Bowes
Satellite Ind
Suburban Community
Saliterman'LTD
Westonka Public Schl
Xerox
Assn Metro Munic
Mound Fire'Relief'
Wurst Pearson
Med Center Heallth
Gayle Burns
Lease thru 6/15
Dues thru June 86
June pager rent
Postg meter rent
June Serv
2nd Qtr serv
June liq store rent
Wtonka Senr center
June pymts-Xerox
85-86 Dues
June pension
June retainer
June hosp
mileage
164.O0
6O.OO
533.33
266.03
35.40
59.25
240 .OO
943.25
1,O70.63
4,500.O0
253.19
1,715.00
3,327.50
1,400.O0
153.13
25.76
27,083.91
85,267.45
14,746.47
127,097.83
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McCOMBS-KNUTSONASSOCIATES, INC.
May 24, 1985
Oonthan R. Elam, City Manager
City of Mound
5341 Naywood Road
Mound, T~a 55364
Dear Mr~
As you are aware, the 1985 Leaque of Minnesota Cities (L.M.C.) Annual
Conference is scheduled to be held Wednesday thru Friday (Oune 12-14) at the
St. Paul Radisson Hotel.
Reply To:
12800 Industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
We hope that you, along with the Council and designated City Officials,
wilt be able to take the opportunity to attend this annual conference along
with other representatives of various municipalities throughout the State.
As you are aware, we have been privileged to provide professional
consulting engineer/land surveying services for your community during the past
several years. Subsequently, we would like to take the opportunity during this
conference to invite you, the City Council, and any other appropriate City
Officials and spouses to a pleasant and sociable dining experience at Leeann
Chin's Restaurant at approximately 5:00 RM on Wednesday Oune 12th. We feel
this time would fit in best with the tight schedule of the conference,
workshops, and the scheduled evening entertainment at the new Ordway Theatre
starting at around 7:00 RM. Although the conference and related workshops
provide an opportunity for you to meet other City Officials, we feel that this
dinner invitation will allow you to share your con,non interests with several of
them in a relaxed and comfortable atmosphere.
Due to the time frame required to make the necessary arrangements, we would
very much appreciate a confirmation response by Oune 7, 1985, indicating the
names of who will be able to join us.
If for some reason you are unable to accept our dinner invitation, we hope
that you will take the opportunity to stop by our display area so we can help
welcome you to the conference andaddress any questions or concerns that you
may have.
We look forward to hearing from you by 3Jne 7th indicating that you will be
able to join us at St. Raul's #1 rated Leeann Chin's restaurant for a pleasant
dining experience prior to the enjoyable program at th~ Ordway Music Theatre.
Sincerely,
TAC/W~N :j
K~ ASSOCIATES
NcC[NBS- , Inc.
William HV'Mc::t~ombs, P.E.
prinked on recycled :.'3per
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS III LANO SURVEYORS I~ PLANNERS
May 17, 1985
Reply To:
12800 industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
Mr. Oon Elam
City Manager
City of Mound
5341 MaYwood Road
Mound, Minnesota
55364
SUB3ECT:
Bartlett Boulevard
1980 Streets
File #5248
Dear Jon:
Geno and myself looked over the situation on Bartlett Boulevard.yesterday
and have the following recommendations to make.
Go ahead and cap with bituminous the areas that have been dug out and
filled with good material.
Prepare a plan over the winter month~ for submittal to the state 'aid
office and take bids early next spring when we should be able to get
better prices.
After the frost has gone out next spring, the remaining bad areas can
be excavated, drain tile installed, granular material placed and
capped with bituminous.
A bituminous overlay be placed over the entire area that has been
patched over the last 4 years.
3on, we both feel that his approach would be much better, now that most of
the corrective work has been done for this year. After looking at the location
of the areas corrected I think we can still install the drain tile with minimum
disturbance to previous corrections. If we were to try and accomplish all this
with state aid money this year, I'm afraid it would be at least some time in
July before the work could be completed.
Please let me know your thoughts and we will proceed accordingly.
Very truly yours,
MoCOMBS-KNUTSON ASSOCIATES, INC.
JC: cah
cc: Geno Hoff
A. THOMAS WURST, P.A.
CURTI,~ A. PEAR$ON~ F?A.
*.JosEPN E. HAMILTON, ~ A.
~AMES D. LARSON, ~A.
THOMAS ~ UNDERWOOD, ~A.
~OG~ ~. ~ELLOW~
LAW OFFICES
WURST, PEARSON, HAMILTON, I-ARSON ~{ UNDERWOOD
I100 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
May 29, 1985
Mr. Jori Elam, City Manager
City of Mound
5341 Manhood Road
Mound, ~] 55364
Re: Public Dance Permits
Dear Jori:
On May 28, you and I were discussing some other matters
when you asked me.if I had requested an Attorney General's opinion
on the public dance statute. I told you I had talked with the
Attorney General but I also told you that it was my opinion that
the City Council had not directed me to get any kind of an opinion.
You indicated to me that the Council talked about it after I in-
dicated that this would be a way of resolving what the statute
said and meant. 'I agreed with you that such a discussion took
place, but in the case of Mound, it is really irrelevant because
our ordinance goes beyond the state statutes and in'my opinion is
clearer and more definite in its terms. I also indicated that
because the Council talks about you taking an around the world
trip during a Council meeting, I didn't think you should spend
your money until you had gotten their direct approval and
authorization, which means that a motion is put on the floor and
adopted by at least three councilpersons.
A portion of what is said above is to clarify that the
Council should not assume that staff is going to follow up on
individual statements made by individual councilpersons. We work
for the Council collectively as a body, and until three members agree
on what they want you and me to do, I would deem it presumptnous
and beyond our authority~to head off in different directions,
spending public funds and taking public stances. The City Council
does not act by individual members making statements at a Council
meeting. It acts only when they collectively agree and vote on a
matter after ~the motion has been properly stated.
Notwithstanding what has been said above, I did talk to
Mike Gallagher at the Attorney General's office the day after
the meeting. I am enclosing herewith an opinion of January 27,
1981, to East Grand Forks and a copy of an opinion from Attorney
General J.A.A..Burnquist dated December 24, 1942. I believe
WURSt~ Pear$ON~ HamllTON~ Lar$oN & UNDERWOOD
Page 2
Mr. Jon Elam, City Manager
May 29, 1985
that you will find that both of these opinions are consistent with
the interpretation I gave the Council as to an "officer of the law".
The Attorney General from Minnesota h~e indicated that in their
opinion that is a duly qualified peace officer pursuant to
Minnesota Statutes 626.84-626.85. This means that even if the
Council were to change the public dance ordinance, the licensee
could not use security guards or other people ~ho might be
cheaper. I again call to your attention and the attention of the
City Council that you place your police officers in a very
embarassing position if they are paid directly by the licensee,
since they really then lose their status as a City employee and
become an employee of the licensee. It also is extremely difficult
for that officer then to go on duty several hours late~ and be
placed in a position where he.must monitor and enforce the laws
against the licensee. The provisions in the existing public dance
law were included after much direction and 'thought by the Council
back in the 1970s, and it was their opinion at that time that the
regulations would best serve the City of l~ound. .If three members
of the Council wish ~o change those regulations, they can do so
by amending the.ordinance, but they cannot avoid the provisions
of the ~tate statute.
CAP:ih
Enclosures
Very truly yours
City Attorney
/ 9 zf
Jf M ?
~r. Robert A. Matt
City Attorney
Box 27i
Past Grand forks, M~ ~67.1
Dear ~;r. Matt:
This is in reply to your letter concerning the authority of
fast Grand forks, a city of the fourth class operating under a home
rule charter, to issue dance permits pursuant to the provisions of
Minn. Stat. ~S 624.42 to 624.54 (1980). You indicate that the city
charter is silent as to the matters raised by your questions.
Your first question is whether it is mandatory that the city
issue permits 'before allowing a "public dance" or operation of a
"public dancing place' as those terms are defined in section 624.4['.
Ibis question is answered in the affirmative by reference to
sect]on 674.43 which provides:
It shall be unlawful for any person to give,
hold, or conduct a public dance unless the owner or
proprietor of the public dancing place, or the person
giving the same or in charge thereof, shall first
have procured a permit to hold, give, and conduct
such public dance from the public authorities
hereinafte£ designated, as hereinafter provided.
Subject to a proviso not applicable here, section 624.44 states that
"[i]n all cities of this state the permit must be procured from the
governing body of the municipality .... "
Your second, third, fourth and eighth guestions are concerned
with whether certain dances sponsored by clubs for their members,
wedding dances, and dancing facilities provided by business
establishments constitute the conduct of public dances or dancing
places within the contemplation of the statute.
}'.r. Rdbert ~. Matt
view of the factual determinations involved; see Ops. ~tty Gen.
802-~-2, January 2, 1925, and 802-A-3, July 7, 1948, wherein this
office declined to answer comparable questions under this statute in
view of the factual determinations required.
Your fifth question is whether the city may issue an annual
monthly dance permit rather than one for each dancing occasion.
This question is answered in the affirmative by reference to
section 614.44 which states, in part, that "[s]uch permits may be
issued for one or more public dances or fo'[ a period of time not
exceeding one year ....
Your sixth question is whether a person or organization, other
than the permitee, may sponsor a public dance on the premises of the
permittee without obtaining a separate permit.
This question is answered in the negative by reference to an
opinion of the attorney general dated January 31, 1924 (1924
Attorney General Reports ~o. 107) which concluded that ~he intent of
the statute, read as a whole, was to require permits to be held by
those actually putting on a public dance.
Your seventh question is whether the city may establish and
uniformly enforce a permit fee schedule-pursuant to section 624.45..
Ibis question is-answered in the affirmative. The cited
section, as well as section 624.44, specifically authorize the
imposition of permit fees by the city.
Your ninth and tenth questions have to do with the
qualifications of persons designated to perform the functions of
"officer of the law" at public dances as required by section 624.50
which provides:
It shall be incumbent upon the person to whom
such .permit is issued to have an officer of the law
present at every public dance to be given or held
thereunder during all the time the public dance is
bein9 held. In the case of a public dance to be held
or given in a city, such officer of the law shall be
designated by the chief peace officer thereof. In
all othe~ cases such officer of the law shall be
designated by the sheriff of the county.. In all
cases the fees and expenses of such officer of the
law shall be paid in advance by the ~erson to whom
the permit has been issued. In case any person, not
a public officer, shall be designated as such officer
of the law, the person to whom the permit has been
issued shall be responsible for his acts and conduct
and ther'e shall be no liability for his acts and
Mr. Robert A. Kart - 3 JAfi ~7 19~I
conduct on 'the part of the officer designating him
under the provisions of section 624.42 tO 624.54.
In Op. Atty. Gen. 802-A-16, December 24, 1942 (1942 Attorney
General Reports ~o. 200) this office noted that "officer of the law"
has been defined to mean "peace officer" and concluded that, as used
in this statute, "officer of the law' means a public officer,
notwithstanding the reference to "any person, not a public officer
.... " Consistent with this opinion, it is my view that the
statute should be construed to require the presence, at a public
dance, of a person duly qualified to function as a peace officer
pursuant to Minn. Stat. SS 626.84 to 626.855 [Peace Officer Iaining]
(1980) and regulations promulgated the£eunder.
Copies of the cited opinions are enclosed.
Very truly yours,
MRG:dml
M]C~.EL R. GALL~GH£R
Special ~ssistant ·
~.ttorney General
Peace officer,---Duties of "officer of the law" defined--Presence at public
dances--IM27 § 10170; (MS 41 § 617.50).
State Division of Employment and Security.
Opinion
As to the proper construction of Mason's l~finnesota Statutes 1927,
Section 10170. The section reads as follows:
"It shall be incumbent upon the person to whom said permit is
issued to have an officer of the law present at every public dance to be
given or held thereunder during all the time said public dance is being
held. In the case of a public dance to be held or given in a city, village
or borough, said officer of the law shall be designated by the chief peace
officer thereof. In all other cases said officer of the law shall be desig-
hated by the sheriff of the county. In all cases the fees and expenses
of such officer of the law shall be paid in advance by the person to
whom said permit has been issued. In case any person, not a public
officer, shall be designated as such officer of the law, the person or
persons to whom said permit has been issued shall be responsible for
his acts and conduct and there shall be no liability for his acts and
conduct on the part of the officer designating him under the provisions
of this act."
1. It is noted that the words "officer of the law" are used five times in
this section. Is this "officer of the law" a public officer ?
"Officer of the law" has been defined to mean "peace officer." 29 W. & P.
360. Our conclusion is that the "officer of the law" mentioned in Section
10170, supra, is a public officer. A public officer, as such, is not the employee
of any private person or entity. A public officer owes rio obligation of loyalty
to any individual as such. His responsibility and loyalty is owing to the
public or, all of the people.
An opinion was rendered April 25, 1936, by this office, wherein it was
held that the proprietor of a dance hall could not be appointed an officer
of the law under this section. Neither could an employee of the proprietor
of the dance hall be appointed such officer 8f the law. The reasons assigned
for the conclusions were that the interests of the proprietor and the interests
300 MU ' C PA , TIES
of the public might be inconsistent, and in the performance of his duty the
officer must be free from any consideration other than that of the public.
The opinion of January 28, 1938, is inconsistent with this one. It is
hereby superseded.
2. What is the meaning of the words "any person, not a public officer,"
in the last sentence of the quoted section ?
It is our opinion that this must be considered as if it read: "In case
any person, not having any official position at the time of his selection, shall
be designated as such officer of the law, * * *." The only significance of
the last sentence in' the section is that when a person, not having any official
status at the time he is selected, is designated as a special officer to serve
only in the capacity mentioned in the section, the officer making the desig-
nation shall have no liability either by statute or common law, such as might
follow if this sentence had not been inserted in the section. If the person
designated was a deputy sheriff at the time of his designation to this special
duty, then the last sentence of the section .does not apply to him. But, in
either event, he is a public officer.
3. Of what significance is the fact that the quoted section requires
the proprietor of the dance hall to pay the fees and expenses of the officer
of the law ?
l~lone. The law requires the performance of many duties on the part of
public officers, especially sheriffs, at the instance of a citizen. The citizen
pays the fees for the service. It is the duty of the officer under the law to
act, but the citizen has no power of direction over the officer. The law
directs him. As an example, the citizen delivers to the sheriff an execution
which requires the sheriff to levy upon the property of the judgment debtor
not exempt from execution. If the citizen directs the sheriff to levy upon
property which is exempt from execution, the sheriff has no obligation to
follow his direction, and, in fact, it is the sheriff's duty not to follow such
direction of the citizen because the law forbids. The duties performed by the
officer are such as the law requires. The citizen ha~ no control.
4. Neither has the proprietor of the dance hall any authority to dis-
charge the officer of the law, and he has no power to nominate. His sugges-
tions have no binding effect, upon the appointing power. Irrespective of what
the practice may be' in certain localities, it is our opinion that this is the
proper construction. The statute cannot be repealed by practice not author-
ized.
5. The question is submitted whether the proprietor of the dance' hall
has any authority to control the officer of the law.
Our conclusion is that he has not. The mere fact that he is responsible
for the conduct of the officer mentioned in the last sentence of the section--
one who was not a public officer at the time of his designation- does not
' MUNICIPALITIES 301
give him any po~'er of direction. It is an obligation that the pyoprietor
voluntarily assumes by becoming such proprietor.
J. A. A. BURNQUIST,
Attorney General.
December 24, 1942. 802-A-16
took effect Tuesday and could last'iis
long ns two weeks while a'city policy
· on shut-offs ts modifled~ "We're
-lng that the period of shutdown is ns
short as a week or two;*' he saldj
. _ '.-:;;.:~.:. ~. ,.~'~ ,'f.,~.~
The'action came afterttwo"south
l~nnenpolb roommntes,:-wh~e wa-
ter was shut off May I, sued the city
In mid-May and snld':th~e-~hut~off
came beetle they would 6'~t-pay
water 'bills that'a prevlo~q tennnt
had left unpaid. On May' 15 the City
agreed to turn their wnter'l~ck On:tf
the roomnmtes, Debo~l~ Freeman
and l~rb Bi~onnette, l~d for water
Barb'-BL~sonnette. ~rhe
wide open on
:~' =t~m~'-.mom~u~ by
~:~yond"~e ~- ~vol~ng ~e
women m include
un~d b~ ~ e~t~ to ~e~ an
average, ofla~ut 150 c~me~ a
~1o ~d"cl~'of~d~ were
a modlfled::h~g 'pr~eOure tn
which c~omem ~a a complaint
a~ut ~e~ bill would go ~fore a
hea~ng officer, w~o would not
employed by the Water Oepa~en~
He said if the ¢u~omer did not pa-ya
bill or. chose not to go before a hear-
lng'officer, then the.water would be
U ' ~-~:-'~.-: -., '..2-~ . - '
sht off..: .... -._.~.-..-./.:.~.- -. -
CU~t°m~i's how h~{e 20 days] to pay
water bills and are sent a reminder
and a final notice If payment is not
'received. $immie' Hayek,' the ~ity
water 'works director, said the cl~
Usually shuts off water about 10 days
lifter the final notice. Typically, he
said, three months elapse between
the date of the first bill and the final
llotlce.: ' .' ' ':.: ,../
Pry said he and his clients are nsk-
lng for a "formal change In/.he wa-
ter department's long-held l~licy' of
billing the property, not'the custom-
er." He said the ~egal Aid Society
has talked to the water de .payment
about tis bUling policy In the past,
but "now we-want to see sul~-~anttal
change la. thetr policies..."
BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION
Cynthia A. KitlinsKi
Leo G. Adams
Harry Seymour Crump
Terry Hoffman
Robert J. O'Keefe
Chair
Commissioner
Commissioner
Co~missioner
Cor~issioner
In the ~atter of the Petition of
Continentat. Telepnone Company of
~qinnesota, Inc., Minneapolis, Minnesota,
for Authority to Change its Schedule of
Telephone Rates for Customers Within the
State of Minnesota.
DocKet No. P-407/GR-85-234
ORDER ACCEPTING FILING
AND SUSPENDING RATES
PROCEDURAL HISTORY
On April 19, 1985, Continental Telephone Company of Minnesota, Inc.
(Continental or t~e Company) filed with the Minnesota Public Utilities
Commission (the Commission) a petition to increase telephone rates pursuant
Minn. Stat. § 237.075 (1984). The Company has requested an annual rate
increase of $7,316,741.
On May 3, 1985, the Minnesota Department of Public Service (bPS) submitted
comments recommending acceptance of the filing subject to five conditions.
Also on May 3, 1985, t~e Residential Utilities Division of the Office qf the
Attorney General (RUD-AG) submitted comments on the filing, recon~mending that
it be rejected.
On May 8, 1985, the Company filed a response to the comments filed by the
bPS and the RUD-AG.
The Company's filing is based on a projected test year ending Decemoer 31,
i955. The filing contains t,o months of actual financial ~ata for 1925 and
ten months of pFojected financial Oata. The major components of rate base are
presented on an end-of-test-year basis. The test year income s~atement is
annualized to the year-end level.
Zn its comments of ~qay 3, 1985, the CPS noted that there are no currently
established telephone filing requirements and requested that the Commission
establish specific filing requirements regarding the definition of an
appropriate test year. The bPS stated that such guidelines would reduce the
uncertainty facing a company when preparing a filing as well as eliminate the
controversy that may arise later in a proceeding concerning the
appropriateness of the test year selected by a company. Tne DPS recommended
acceptance of Continental's filing subject to the following conditions:
1. Continental must provide one financial update using additional actual data.
2. Continental must be limited to one, and only one, update of the filing for
actual financial data.
3. The updated information must be filed no later than five weeks prior to
the deadline for intervenors' direct testimony.
4. The method for allocations must not differ from the originally filed rate
case.
Tne updated filing must include all workpapers anq explanations of changes
in data that differ from the originally filed rat6 case data and
reconciliation schedules which start with the originally filed financial
data and indicate all line items and adjustments required to reach the
company's updated financial data.
The bPS stated that these conditions would ensure that intervenors have
reasonable time to evaluate all information included in the evidentiary record
so they are ~etter able to provide the Commission with sound analysis.
Further the bPS reserved the right to propose the use of a different test year
than the one submitted by the Company but stated that tne Conditions requested
are necessary to insure a thorough evaluation of the Company proposal.
- 1 -
In its comnents of May 3, 1985, the RUD-AG recommended that Continental's
filing be rejected because it is essentially the same as the Company's
previous rate filing (~.ontinental Telephone Company, Docket No. P-407/
GR-84-725, January 22, 1985) which was dismissed by the Commission. The
RUD-AG stated that Continental's filing contains two months of actual
financial data and that the Company believes that it will be able to provide
total of six months of actual financial data at the time of evidentiary
hearings. The RUD-AG claimed that Continental's proposal did not provide
sufficient data to meet the Commission's concern that there be sufficient
evidence in the record upon which to base a decision.
In Continental's last completed rate case (Continental Telephone Company,
Docket No. P-407/GR-83-294, March 23, 1984), wherein the evidentiary record
contained six months of actual data, the RUD-AG proposed an adjustment
involving Continental's cash unreserved account. The RUD-AG argued that the
Commission rejected the proposed RUD-AG adjustment and is defending its action
in court by arguing that the Commission could not make the adjustment without
knowing the amount Of interest revenues for the entire test year. The RUD-AG
stated that the same adjustment is needed in this filing. The RUD-AG asserted
that, if the Commission accepts this filing, the' Commission will be imposing
an impossible burden of proof on the RUD-AG since the Commission requires
twelve months of actual data to support financial adjustments. The RUD
recommended rejection of the filing because the evidentiary record will not
include twelve months of actual financial data.
In its May 8, lg85, filing, Continental responded to the comments of the
DPS and the RUD-AG. Regarding the DPS comments, the Company stated that it is
aware of the DPS' concern regarding the updating-of-information issue.
However, the Company stated that the issues raised by the DPS are more
properly addressed by the adoption of filing requirements which would apply to
all telephone companies and would be known by all parties in advance of
filing. The Company stated that it had met the requirements of Minn. Stat.
§ 237.075 (1984) and Minnesota Rules, part 7810.6500. The Company stated
further that~ if the Commission desired to address the update issue in this
proceeding, it suggested that broad guidelines be given'~o the Administrative
Law Judge (ALJ) who would be able to apply them while retaining flexibility in
~chedulin9 the c~se.
In addressing the RUD-AG position that the Company's filing should be
rejected, Continental stated that such position is totally without merit,
reiterating that the Company had met the current statutory and regulatory
filing requirements and that its case should proceed to hearing. The Company
explained that this case was filed using · lg85 calendar test year with two
months of actual financial data and ten months of projected financial data.
The Company stated that this methodology is precisely the same it used in its
last approved general rate case (Continental, P-407/GR-83-294). The Company
further claimed that the RUD-AG argument that this case be dismissed because
of difficulty in developing information concerning the Company's cash
unreserved account in the last rate case was not meritorious and that the
RUD-AG adjustment was rejected because the RUD-AG failed to ask the right
question to develop the factual record.
Based upon the Company's filing and after due deliberation, the Commission
makes the following findings and conclusions:
FINDINGS AND CONCLUSIONS
The Commission appreciates the parties' concerns regarding the lack of
rules governing telephone filing requirements for telephone rate increases.
It is currently in the process of promulgating such rules and anticipates that
the partieslin this proceeding will contribute to the rulemaking process.
The Commission finds the argument of the RUD-AG to reject Continental's
filing unconvincing. It is not unusual for a company to provide projected
financial data in conjunction with a future test year. Intervenors are able
to make adjustments to the company's projected data by obtaining, through
discovery or cross examination, the test year data for the adjustment. The
Commission does not, and could not, expect intervenors to have actual
financial data for a period of time that has not yet transpired. The
Com~nission notes that, in the prior case, the record lacked not only evidence
for the full twelve months of the dollar adjustment but, equally important,
-2-
lacked evidence of the equitable 9rounds upon which the Commission could
reject the standard accounting treatment for the funds at issue and adopt the
RUD-AG adjustment. As it indicated in its orders in the last case, the
Commission expects the parties to address the issue of cash unreserved account
and the interest earned on these funds in greater depth in this case.
At the same time, the Commission realizes that the concerns expressed by
bPS relating to the updating of information.in this case shoulO be recognized
and addressed. Updating of testimony and financial information during a rate
case nas led to problems in prior race cases that the Commission is anxious to
avoid in this case. It recognizes its responsibility to avaluate and
incorporate some of the r~commendations made by t~e bPS.
The Commission finds that many of the concerns raised by the DPS go beyond
procedural issues and, to a degree, define the scope of the evidence to be
presented in the case. By defining the parameters for the admission of
evidence of updated financial data at this time, the Commission believes that
the conduct of the hearing will be expedited without prejudice to any party.
The Commission finds that the DPS' proposed conditions numbers l, 2, 4,
and 5 are reasonable and will facilitate the development of an accurate and
fair record in this case. However, the Commission will not adopt condition
number 3: -- "The updated information shall be filed no later than five weeks
prior to the deadline for intervenors' direct testimony" -- because this may
limit too narrowly the options available to the ALJ to schedule filings and
hearings. The Commission will require the Company to submit its financial
update with sufficient lead time for all parties to review the update and thus
~irects the ALJ to establish a specific date for the submission of
Continental's update upon the motion of any party. This process will insure
the flexibility of scheduling that is necessary to permit as much actual
financial information as possible to be in the record to help the intervenors
and the Commission in evaluating the rate case.
The Commission accepts the notice filed by Continental and concludes that
the notice is sufficiently complete for the purpose of commencing an
investigation of the appropriateness of the requested change in rates.
The Commission may require additional information to be supplied by the
Company ~itnin ten'days of an information request from the bPS or any other
party to this proceeding. By so doing, the Commission takes no position
concerning che propriety of the information provided.
A nearing by the Commission is necessary to determine whether the rates
are fair and reasonable.
The schedule of proposed rates will oecome effective on June 19, 1955,
unless suspenOed by the Commission. The interest of the public will not be
served unless the proposed rates are suspended for a period of ten'mont~s from
the filing date while an investigation into the reasonableness of the rates is
conducted.
ORDER
The petition of Continental Telephone Company of Minnesota, Inc., filed
pursuant to Minn. Stat..§ 237.075 (1984), is accepted subject to the
'following conditions:
a. Continental must provide one financial update using additional actual
data.
b. Continental is limited to one update of the fill.rig of actual
financial data.
Co
Continental must submit its financial update with sufficient time for
the other parties to review it. The ALJ shall set a specific date
for the submission of Continental's financial update upon a motion of
any party.
Continental must make its financial upOate using the same allocation
methods it used in its original filing.
Continental's financial update must include all supporting
workpapers, explanations of changes in data from ~he original filing,
and reconciliation schedules which start with the originally filed
data and indicate all line items and adjustments required to reach
the amounts shown in its financial update.
The DPS shall initiate an investigation to determine the reasonableness
of the proposed change in rates.
3o
An information request shall be issued by the DPS and any other party
when requesting supplemental information. Such request shall be answereo
by the Company within ten days of receipt of the request.
In a later Order, the Commission will set this matter for hearing to
Oetermine whether the proposed rates are fair and reasonable.
The operation of the proposed schedule of rates is suspended until the
Commission reaches a determination as to whether the proposed rates are
fair and reasonable or until February 19, 1985, whichever occurs first.
6o
The Commission will determine, by later Order, a schedule of interim
rates to be charged by Continental during the period of suspension.
Tn, Company shall Keep such records of sales and billings under the
interim rates as will be necessary to compute any potential refund.
The Company shall give written notice, as approved by the Commission, of
the proposed. Fhange in rates to the governing body of each municipality
and county in the area affected and shall submit an affidavit of such
service to the Commission within 45 days of the service date of this
Order.
go
The Company shall give individual written notice to each customer whose
rates are affected (including contract customers) by the proposed
increase. This customer notice shall be includeO as an insert in the
first ~ill rendered after the effective date of the interim rates.
continental shall su~mit the proposed notice, and any other billing
inserts proposed for the billing cycle, for prior Commission approvgl.
The Commission authorizes the Executive Secretary of the Minnesota Public
Utilities Commission to enter Orders on behalf of the Commission varying
time requirements for the filing of pleadings and other documents anO
determining the conduct of this proceeding before the Commission
according to the standards set forth in Minnesota Rules, part 7830.4400.
Any party adversely affected by any Order issued by the Executive
Secretary, varying such filing requirements or regarding other matters,
may file a motion to reconsider, vacate, or modify the Order within ten
days after its entry or one day prior to the filing deadline or
occurrence of an act directed by the Order. Any motion for
reconsideration, vacation, or modification small be heard by the
Minnesota Public Utilities Commission.
ll. This Order shall become effective immediately.
SE'RV !CE DATE:
jFG/K~no (0240A)
8Y ORDE, OF T.E COM. SSXO.
.'y,~ ..... ,, .. ,~--, ; ...,:?
Oanet F. Gonzalez~ ~.
Acting Executive Secretary
(SEAL)
-4 -
JUNE 3, 1985
MOUND "CITY" DAY COMMITTEE
FROM: HAROLD MEEKER AND NANCY CLOUGH
SUBJECT: REVIEW OF COMMITTEES AND EVENTS
EVENTS WE ARE SURE OF:
1. DOOR PRIZES: HAROLD MEEKER REPORTED THERE ARE NOW 40 DOOR PRIZES AND ONE
"GRAND DOOR PRIZE", A 1975 FORD CAR.
2. OLDEST YOUNGEST CONTEST: RALPH PAZ
3. CRAFTS:
4. FOOD:
CLARA PAZ HAS MADE SOME CONTACTS. MAGGIE GILBERTSON AND CLARA PAZ WILL
WRITE A LETTER EXPLAINING OUR PLAN AND WHAT WOULD. BE EXPECTED (10%
OF THE DAYS SALES) TO SET UP A BOOTH.
GIRL SCOUTS AND PINKY CHARON
5. PUBLICITY:
BARB DEVICK WILL PUT AN OPENING PIECE IN THE "LAKER" THIS WEEK.
ALSO THE CHAMBER OF COMMERCE WANTS TO PUBLISH AN ARTICL]~o HAROLD
MEEKER IS SUBMITTING ONE.
KIDS ACTIVITIES: DEE MAAS AND NANCY CLOUGH WILL COORDINATE WITH JACKIE MEYER' S
HELP. NANCY JEAN'S INC.~ WILL DONATE PRIZES.
POLICE CANINE DEMO: LEN H. ARRELL
SCUBA DIVING DEMO: 'ROB AND JIM ZWIEG
BOAT RIDES: AL AND ALMAS WILL SELL RIDES $2 EACH, STARTING AT 10 A.M.,
RIDES AROUND "BIG ISLAND" AND SELL: POP AND BEER.
MOUND FIRE DEPT DEMO: GREG ANDERSON
8.
9.
10.
EVENTS WE ARE STILL WORKING ON:
ONE HOUR
1. PUPPET SHOW: NANCY CLOUGH IS CHECKING WITH LOIS PETERSON.
2. BINGO: NANCY CLOUGH WILL CHECK WITH JOHN ROSCH, VFW.
3. EVENING DANCE: STILL LOOKING FOR A EVENING GROUP, $200. RUBIN HARTMAN OFFERED HIS
STERO IF WE CANNOT GET A GROUP.
4. HOT AIR BALLOON: NANCY CLOUGH HAS SENT A LETTER TO KS95.
5. PUBLICITY: NEED COMIMUNITY PUBLICITY AND SIGNS. KATHY KLUTH
GENERAL DISCUSSION WAS HELD CONCERNING MONIES (PINKY CHARON, PHYLLIS JASSEN, AND
KATHY KLUTH TO HANDLE.). SUGGESTED WE BANK MONIES FOR NEXT YEAR'S EVENT. (bDTION PASSED)
WE NEED TWO NAMES TO DEPOSIT IN THE MOUND STATE BANK.
ALSO DISCUSSED THE SALES OF TICKETS: GRAND DOOR PRIZE SELL ALL DAY WITH A Dk~WING
AT 0700 P.M. HOURLY DRAWINGS WILL BE 5/$1.00 OR 25¢ A PIECE AND WE WILL HAVE SOMEONE
(A COMMUNITY PERSON) ANNOUNCE THESE DURING THE HOUR.
MOUND "CITY" DAY COMMITTEE MEMBERS:
Harold Meeker
Nancy Clough
5132 Waterbury Road
5132 Waterbury Road
Jim Devlck
Barb Devick
Greg Anderson
Dee Maas
Gary Paulsen
Gordon Swen.son
Kathy Kluth
Ruben Hartman
Raphel Paz
Clara Paz
Cheryl Burns ,.
Robin Michael
Linda Panetta
Phyllis Jessen
~ggle Gi'lbcrtscn
Glen & Alice Rogers
Bob & Joan Polston
Lea Harrell, Police Chief
Don Bryce (Fire Chief)
Dick Meyers
(Meyer's Mound Service)
Mike Beise
Mark Anderson
PINKY CHARON
1OO5 Sunnyfleld Road
1005 Sunnyfield Road
4924 Plymouth Road
5959 Idlewood Road
2657 Westedge Blvd.
4400 West Arm Road, Spring Park
4432 Denbigh Road
5124 Windsor Road
2953 Oaklawn
2953 Oaklawn
3245 Dexter Lane
1713 Avocet Lane
1759 Lafayette Lane
5189 Emerald Drive
~,~ Waterbu.y Road
5116 Waterbury Road
5780 Lynwood Blvd.
5341Maywood Road
2620 Commerce Blvd.
2620 Commerce Blvd.
5128 Drummond Road
2378 FAIRV1EW L~NE
472-6682
472-6682
853-381~ work
472-4347
~72-4347
472-5247
472-4827
472-3725
471-7335
472-5089
472-1023
472-7658
472-7658
472-4016
472-4216
472-6040
472-4519
472-2288
472-3314
472-5520
472-3711
472-4085
472-7755
472-7755
472-1441
4?2-5603
May 31, 1985
TO: Metropolitan Area Local Officials
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
eot. Paul, M~nnesota ~r-o101
Telephone (612) 291-6359
A year ago we held a series of meetings with local officials around the region
to hear your concerns about the Metropolitan Co~]ncil. This year I would like
to once again meet with you to discuss the Council's priorities for 1986 and
the impact that has on the budget. These regional meetings, which have been
held since 1976, are also an excellent opportunity to hear any concerns you
may have about Council-related issues.
My plan is to hold one meeting for each county plus'a separate meeting for the
Cities of St. Paul and Minneapolis. We'll meet for a dutch treat breakfast at
7:30 a.m. The Hennepin County meeting will be on Tuesday, June 25 at the Kopper
Kettle Restaurant, 225 Central Avenue in Osseo.
During the year we were able to get the new Regional Transit Board, which was
created by the 1984 Legislature, up and running. We've also made some inroads
in redefining how the region manages its solid waste. Our program is currently
in the Legislature and we'll have more information on that by the time we meet.
For 1986 the Council has set six issues as priorities for 1986. Th~se include:
1) An analysis of whether changes in funding have hurt the ability of local
governments to deliver public services.
2)
3)
Enlarging the Council's role as a regional data center.
ImProving the region's long-term care system for elderly and handicapped
people.
4) Recovering resources from trash instead of burying it in landfills.
5) Improving the Council's metropolitan commission "oversight".
6) Studying the region's long-range needs for public transit.
I look forward to seeing you at the breakfast meetings and getting your
reaction .to these priorities. Please R.S,V.P. Rosemarie Johnson at 291-6391.
We've also invited legislators and members of the regional commissions
IMetropolitan Waste Control Con~9. ission, Regional Transit Board and Metropolitan
arks and Open SPace Commission).
i~cerely, ,~ x-
Sandra S. Gar~ring ~
Chair
cc: Clerks, City & County Administrators, School Superintendents & Board
Chairs, City Council & Town Board Members
An EqualOpportunity Employer
HENNEPIN
_IL
DEPARTMENT OF ENVIRONMENT ~ND ENERGY
A-'1603 Government Center
Minneapolis, Minnesota 55487-0163
6'12-348-6846
May 22, 1985
City of Mound
Compost Distribution Coordinator
5341Maywood Road
Mound, MN 55364
1985 Compost Distribution
Tnis spring's compost distribution program is a success, due to your support.
Through our joint efforts, approximately 1,600 truckloads of leaf c~post were
distributed. The distribution locations in St. Anthony, Robbinsdale, Brooklyn
Park, fhamplin, Bloomington, Plymouth, Wayzata, Edina, Mound, Excelsior,
Minneapolis, Brooklyn Center and New Hope, along with the sites in Hopkins,
Eden Prairie and Maple Grove, have proved to be convenient for, and well
received by, .the general public. Minneapolis's free delivery program, which
accounted for over 1,250 truckloads of compost delivered, was extremely
successful, and shows both strong administrative and financial commitment. ~he
use of public service announcements on TV and radio, as well as the printed
media, proved valuable. Your continued support for this worthwhile program is
appreciated.
We request that the "Free Compost" signs provided to distribution locations be
stored by the various cities until next year's leaf compost distribution
program. ·
Once again, thank you for your assistance.
Sincerely,
Mark S. Banwart
Planner
HENNEPIN COUNTY
on cquol opportunity employer
leaBue of
May 24, 1985
rninne'sota oities
TO:
FROM:
RE:
Mayors, Manager, and Clerks ~~~ f~
Donald A. Slater, Executive Director
Proposed Amendments to the League of Minnesota Cities Constitution
Enclosed is the package of proposed constitutional amendments endorsed by the
League of Minnesota Cities Board of Directors for your review.
On May 16, the LMC Board of Directors unanimously approved a package of proposed
constitutional amendments for consideration at the annual meeting on June 13,
during the LMC 1985 Annual Conference. In keeping with the practice of prior
years, I am happy to transmit these amendments to you so that city officials may
be aware of amendments well before the annual meeting.
The most important of the amendments involves the dues structure, establishing a
new three-year dues schedule as part of the constitution. Those city officials
who attended LMC's annual meeting in Duluth in 1984 will recall that the 1984
Dues and Services Committee proposed that the LMC Board of Directors be charged
with setting the dues, beginning in 1985. The membership rejected this
proposal.
As a result, the Dues and Services Committee was called back into session to
develop a recommendation concerning the dues schedule. That committee
recommended a three-year schedule involving a 7.5 percent increase for 1986 and
a six percent increase for 1987 and 1988.
The Dues and Services Committee concluded, and the Board of Directors agreed,
that these increases would be the minimum necessaYy funding for the League to
maintain the quality and quantity of services which the membership desires and
expects. The Committee understood that the proposed increase exceeds the
current rate of inflation, but reviewed the fact, that the League's budget is not
100 percent financed by dues income; and that a 7.~5 percent dues increase is
necessary to produce a five percent overall funding addition.
Secondly, the League must purchase a number of services and goods (for example
postage and printing supplies), which exceed the current inflation rate.
Finally, the Board has devoted additional resources to certain activities in
response to member service demand, particularly, regional meetings and
computerization.
-over-
university avenue ease, sC. paul, minnesota 55
Mayors, Managers, and Clerks
Page 2
May 24, 1985
In the course of the 1984 debate on the dues proposal, some other issues were
identified. These included the fact that, should the membership reject a future
proposal dues adjustment, the LMC would have no applicable dues schedule. Other
concerns emerged concerning the lack of a more complete ability to offer
alternatives and amendments to constitutional amendments under consideration at
the annual meeting.
LMC convened a Constitutional Committee to consider these problems. The
committee recommended amendments which would 1) leave the last adopted dues
schedule in effect should the members reject the proposed adjustment; 2) provide
for a limited process to amend proposed constitutional amendment during the
annual meeting; 3) clarified that the annual meeting could adopt special rules;
and 4) Produced a comprehensive technical amendment which would make the
constitutional gender neutral.
If you have questions or concerns regarding these amendments, please feel free
to contact Stan Peskar or me at the League office.
DAS: lw
leaBue of
rninnesota
oities
May 21, 1985
TO:
FROM:
RE:
1985 LMC Annual Conference Delegates
Stan Peskar, General Counsel
Proposed Constitutional Amendments
Following are several proposals for amending the League Constitution at the
Annual Conference. When any change to a section is proposed, the entire
section is set out with deletions indicated with strike outs and additions
shown by underlining.
1. Gender neutral language
ARTICLE IV OFFICERS AND COMMITTEES
Section 2. The president and vice president shall each be elected
annually for one-year terms. Twelve directors shall be elected for three-year
overlapping terms. In 1974 four of these shall be elected for three-year
terms, four for two-year terms and four for one-year terms.; thereafter four
shall be elected annually for three-year terms. Elections shall be held at the
official business meeting at the annual convention. Officers shall hold office
for their designated terms, and until their elected or appointed successors
have signified their acceptance. The newly elected officers shall take office
immediately after the close of the annual convention. The immediate past
president shall serve as a member of the board of directors ex officio for one
year, so long as he or she holds municipal office, and the president of the
Association of Metropolitan Municipalities shall serve ex officio.
Section 5. The president shall be chairman of the board of directors. Re
The president shall preside ~em~em~ at the annual business meeting and all
other meetings of the League, but Re may designate others to preside instead
~e~-N~m. Re The president shall appoint all committees established by the
board of directors or by the constitution and shall appoint representatives of
the League to such non-League bodies as may be appropriate.
Section 7. The executive director shall be the chief administrative
officer of the League, subject to the general supervision of the board of
directors. Re The executive director shall be appointed by the board of
directors for an indefinite period and may be removed by the board of
directors. Re The executive director shall appoint the League employees and
shall administer the League office and the League services. Ne The executive
director shall prepare an annual budget of revenues and expenditures for the
1~3 oniversiCyavenueeasC, sC. paut, minnesoCa 551 01 (812) 227-5800 /~
May 21, 1985
Proposed Constitutional Amendments
Page 2
consideration of the board of directors and shall limit expenditures to the
total budget approved by the board of directors. Re The executive director
shall submit to the board of directors and to the membership an annual report
of League affairs, services and finances which shall be published in the
Leagues official publication. Re The executive director shall have charge of
the League records, accounts and property?~ Re shall cause an official record
of all meetings of the League to be madev ~e and shall act as treasurer and
handle~all League funds. The executive director and employees designated by
h~m the executive director shall post a corporate surety bond at League
expense. The accounts and finances of the League shall be post-audited each
year by a public accountant selected by the board of directors.
Section 9. A special committee shall be appointed by the president every
three years to study League dues and League services, commencing with the
appointment of such a committee in the fall of 1983. Additionally, special
committees may be authorized by the board of directors for the purpose of
studying municipal problems, conducting schools, making legislative
recommendations or other appropriate League service. The chairmam of each such
committee appointed by the president shall, on the completion of ~&e the
committee's work, make a report to the board of directors, convention or
legislative conference in such form as the executive director may request.
ARTICLE VI LEGISLATIVE pROCEDURE
Section 1. Except as otherwise provided in this article, no official
commitment shall be made by the League on any proposed state or federal
legislative matter unless it is approved by the legislative committee and is
further approved by a two-thirds favorable vote of the delegates present and
voting at the annual business meeting or at the regular oc a special
legislative ~onference to which all the member municipalities are invited; but
no proposal.shall be made part of the League legislative program under this
section or section 2 if the'municipalities voting against it include all the-
cities of any one class and if such proposal is by its terms applicable to
such class of municipalities. The vote on any legislative matter shall be by
acclamation; but at any time before the result of the vote is announced, the
presider e~m&emam may, and shall, if requested to do so by ten or more delegates
present, submit the question under consideration to a vot~ by municipality, in
which case each member municipality represented shall have one vote.
Section 4. A legislative committee shall be created prior to each session
of the legislature to consist of the chairmem~ of any special committees
studying legislative matters and the members of the board of directors.
2. New members to pay (building) assessments as well as dues
(conforming the constitution to current practice.)
ARTICLE III FEES AND DUES
Section i. Any municipality in Minnesota desiring to become a member of
this League may do so upon signifying a desire to do so and paying ef the
annual duesv and any outstandin~ assessment.
May 21, 1985
Proposed Constitutional Amendments
Page 3
3. Dues schedule
ARTICLE III FEES AND DUES
Section 3. The annual dues for each member municipality shall be based on
the schedule or schedules set out as appendices to this constitution, which
shall be adopted or amended in the same manner as other parts of this
constitution. If no new dues schedule is adopted for a ~iven year, the dues
schedule in effect for the most recent prior year shall remain in effect.
The total dues for each member as thus calculated shall be rounded to the
nearest dollar. (See attached proposed new dues schedule.)
Rules of procedure at meeting
(Conforming the Constitution to current practice.)
ARTICLE V MEETINGS
Section 2 ............ Action on legislative matters and on amending the
constitution shall conform to the voting requirements set forth in Articles VI
and VII respectively; The conference may adopt further rules ~overnin~ its
proceedings. Otherwise parliamentary procedure shall be according to Roberts
Rules of Order.
5. Amendments to proposed Constitutional amendments
ARTICLE VII AMES~MENTS
Section 1. This constitution may be amended after the'first day of the
annual meeting by a two-thirds vote of all municipalities voting, provided
that the proposed amendments shall have been prepared in writing on or before
the first day of the meeting and distributed to the delegates. An amendment in
writing, offered from the floor without prior notice to the delegates shall be
permissible if it is an amendment to a proposed amendment, is on the same
subject as the amendment it is proposed to amend, is ~ermane to the amendment
it is proposed to amend and is approved by a two-thirds vote of delegates in
attendance and voting.
DUES SCHEDULES UNDER 7.5%, 6% & 6% INCREASES FOR
FISCAL YEARS 85/86, 86/87 & 87/88 RESPECTIVELY
1984/85
DUES SCHEDULE
POPULATION BASE
249 OR LESS ............................... 153
250-4,999 .................................. 52 PLUS
5,000-9,999 ............................... 422 PLUS
10,000-19,999 ............................. 912 PLUS
20,000-49,999 ............................ 3119 PLUS
50,000-299,999 ........................... 9234 PLUS
300,000 AND OVER ........................ 15565 PLUS
APPENDIX A
1985/86
DUES SCHEDULE
7.5% DUES INCREASE
40.40 CENTS PER CAPITA
33.00 CENTS PER CAPITA
28.20 CENTS PER CAPITA
17.07 CENTS PER CAPITA
4.84 CENTS PER CAPITA
2.73 CENTS PER CAPITA
P OPULAT I ON BAS E
2~9 OR LESS ............................... 164
250-4,999 .................................. 56
5,000-9,999 ............................... 454
10,000-19,999 .............. ' ............... 980
20,000-49,999 ............................ 3353
50,000-299~999 ........................... 9927
APPENDIX300'000 ANDB OVER~ //~,~/~ .......... i'~'~"~3-. .......J-~67~2
1986/87
DUES SCHEDULE
6% DUES INCREASE
PLUS
PLUS
PLUS
PLUS
PLUS'
PLUS
43.43 CENTS ~ER CAPITA
35.48 CENTS PER CAPITA
30.32:CENTS PER CAPITA
18.35 CENTS PER CAPITA
5.20 CENTS PER CAPITA
2.93 CENTS PER CAP%TA
POPULATION BASE
249 OR LESS ............................... 174
250-4,999 .................................. 59 PLUS
5,000-9,999 ............................... 481 PLUS
10,000-19,999 ............................ 1039 PLUS
20,000-49,999 ............................ 3554 PLUS
50,000-299,999 .......................... 10522 PLUS
300,000 AND OVER ........................ 17736 PLUS
46.04 CENTS PER CAPITA
37.60 CENTS PER CAPITA
32.13 CENTS PER CAPITA
19.45 CENTS PER CAPITA
5.52 CENTS PER CAPITA
3.11 CENTS PER CAPITA
APPENDIX C
1987,'o~
DUn~ SCHEDULE
6 % DUES INcg~SE
POPULATION
BASE
249 OR LESS ............................... 185
250-4,999 .................................. 63 PLUS
5,000-9,999 ............................... 510 PLUS
10,000-19,999 ............................ 1102 PLUS
20,000-49,999 ............................ 3767 PLUS
50,000-299,999 .......................... 11153 PLUS
300,000 AND OVER ........................ 18800 PLUS
48.80 CENTS PER CAPITA
39.86 CENTS PER CAPITA
34.06' CENTS PER CAPITA
20.62 CENTS PER CAPITA
5.85 CENTS PER CAPITA
3.30 CENTS PER CAPITA
300 Metro Square Bldg., St. Paul, MN 55101
Gcn~rzl Office Telephone (612) 291-63.59
REVIEW
FRAN CLARK,
MS.
CLERK
CITY ~F MOUND
· , 53o,], MAY,~OOD RD
A Metropolitan Council Bulletin for Community Leaders MOUIvJ MN 5536~
For more information on items in this publication, call the Communications Department at 297-6464.
May 24, 1985
RECENT COUNCIL ACTIONS (May 13-24)
Health--The-Metropolitan Council accepted for public
comment a proposed policy statement that defines how
changes in high-cost, Iow-volume specialized inpatient services
will be reviewed in the future by the Council and the Metro-
politan Health Planning Board. They will request a full project
review for services that are clearly inpatient services for the
entire Metropolitan Area, greater Minnesota, or for out-of-
state patients, that cannot be delivered in an ambulatory
setting; and in certain other cases.
The Council accepted for public hearing a section of a
revised health systems plan (HSP) dealing with developmental
disabilities (DD). Following adoption of this component the
DD plan will'be used as interim guide by the Council, Metro-
poiitan Health Planning Board and DD Advisory Committee
until the complete HSP is adopted later this year.
The Council approved an application from Methodist
Hospital to operate an adult open-heart surgery program.
CompEehensive Planning--The Council decided not to
change Spring Park's 1.990 allocation for sewage flow. The
Council said it would increase Spring Park's allocation if
Minnetrista decides to defer part of its flow-allocation or if
the Council's regional sewer plan is amended to permit the
changed allocation.
The Council approved a housing plan amendment to
Woodbury's comprehensive plan that, among other things,
outlines how Woodbury will provide Iow- and moderate-
income housing opportunities.
The Council accepted 8e~hel's comprehensive plan. The
Council suggested changes to the plan to make it consistent
with the Council's new transportation policy plan and its
Metropolitan Development Framework.
Water Quality-The Council said that Chanhassen must
change its environmental assessment worksheet on the planned
Hidden Valley unit development to address possible adverse
impacts on water quality. Otherwise, the community must
prepare an environmental impact statement.
Sewers-The Council approved amendments to the Metro-
politan Waste Control Commission's 1984-1988 capital
development program and its 1985 capital budget for the
Middle Belt Line sewer interceptor.
The Council said an environmental assessment worksheet
prepared on a Coon Rapids trunk sewer was consistent with
proposed amendments to the city's comprehensive plan
and the Council's regional sewer plan, provided that Coon
Rapids submit a comprehensive sewer plan to the Metropolitan
Waste Control Commission and that the area slated for future
construction not be developed until after 1990.
Parks-The Council authorized a S750,000 grant to Dakota
County to buy parkland for Miesville Ravine Park Reserve.
Transportation-T~.e Council recommended funding for the
Metropolitan Transit Commission's 1985 "Section 9" program
of projects. The federally funded program provides money for
transit operations, capital investments and planning projects.
Waste Management-The Council decided to request
proposals to study alternatives to disposing of sewage sludge
ash in landfills.
The Council also accepted the environmental impa~
statement for the proposed Ramsay/Washington Waste-to-
Energy facility in Newport.
GARDEBRING SCHEDULES BREAKFAST MEETINGS
WITH LOCAL OFFICIALS
Metropolitan Council Chair Sandra Gardebring has
scheduled a series of regional breakfast meetings with local
officials in each of the seven counties plus Minneapolis/
St. Paul. The meetings are an opportunity to discuss the
priorities the Council has decided to focus on in 1986. The
"Dutch treat" meetings, beginning at 7:30 a.m., will be as
follows:
June 17, Ramsay County--Holiday..Inn, 1780 E. County Rd.
D, Maplewood.
June 18, Carver County-Jay's Family Restaurant,
222 Chestnut, Chaska.
June 20, Scott. County-Laker's Restaurant, Hwy. 13,
Prior Lake.
June 24, Dakota County:Jimmy's, 14990 Glazier Av.
(codhty Rd. 42 and Cedar.Ay.), Ap. pie Valley.
June 25, H~nnepin County-Copper Kettle, 225 Central
Av., Osseo.
June 27, Anoka County-Dolphin Cafe, 17646 NE. Hwy.
65, Ham Lake.
July 1, Minneapolis and St. Paul-University Radisson,
615 Washington Av. SE., Minneapolis.
July 2, Washington County-White Hat Restaurant,
11011 Stillwater Blvd., Lake Elmo.
People who wish to attend a meeting may sign up by calling
Rosemarie Johnson at the Metropolitan Council, 291-6391.
COUNCIL NOW HAS '~DD" TELEPHONE NUMBER
People with hearing impairments can now call the Council
using a telecommunication device for the deaf. The Council's
TDD number is 291-0904. Information about Coudcil
programs and publications is available at that number.
NEW APPOINTMENTS
The Council appointed Jim Daly, Belle Plaine, to chair the
Rural issues Task Force being formed to identify rural needs
and problems in the seven-county area.
The Council appointed the following 22-member
committee:
Anoka County: Leroy Hutchins, Bethel; Don Steinke,
Columbus Twp.
Carver County: Kathy Graf, Watertown Twp.; Louis
Honebrink, Mayer; Larry Johnson and Harold Trende, Cologne.
Dakota County: Ed Gergen, Randolph; John Poepl, Ver-
million; Gerald Stelzel, Empire Twp.
Hennepin County: Doris Conzet, Greenfield; Kermit
Dietrich, Maple Plain; Lila Schmidt, Minnetrista.
Ramsey County: Sr. Mary Mark Tachney, St. Paul.
Scott County: Willard Brandt, Spring Lake Twp.; Don
Tillman, Jordan; Ed Townsend, Belle Plaine.
Washington County: John Baird, May Twp.; Paul Bischoff,
West Lakeland Twp.; Mary Hauser, Birchwood; Ralph McHet-tie,
Co,age Grove; Wesley School, Al'ton.
PUBLIC HEARINGS, PUBLIC MEETINGS
The Council will hold a public hearing July 8 at 5 p.m. in
the Council Chambers to hear reaction to proposed amendments
to its Wa~er Resources Managemen~ Deve/opmem Gu/de that
outlines an accelerated schedule for implementing a solution to
the region's combined sewer overflow problem. The public
hearing draft of the amendments will be available in two weeks
by calling the Council offices at 291-6464. For more informa-
tion contact Charles Ballentine of the Council staff et 291-6381.
An informational meeting on the same subject will be held
June 12 at 7 p.m. in the Council Chambers.
Long-Term Care--A conference to focus attention on
changes needed in the long-term care system will be held on
Tuesday, June 18, at the Radisson University, 616 Washing-
ton Ay. SE., Minneapolis. "Reshaping the Long-Term Care
Sy.stem in the .Metro Area: Recommendations for Change"
is sponsored by the Metropolitan Council. Rosalie Keno,
of ~he Rand Corp., Santa Monica, Calif., will be the keynote
speaker. Registration fee is S20; register by June 13. For
registration materials, call Carol Boreas at the Council,
291-6352.
RECYCLING CONFERENCE TO DISCUSS
TECHNIQUES USEDACROSS THE COUNTR~
"New Roles in Recycling," a conference June 19-20, will
· give po. licymakers, business people and other~ a chance to hear
about recycling and composting programs and techniques used
across the country. Topics for the cor~ference include roles for
' local governments and waste management in.dustries, develop~
ing markets ~or recycled goods, promoting recycling and corn-
posting, urban and rural recycling, and the compatibility of
"high tach" methods like incineration and "low tach"
alternatives like recycling.
- Metropolitan Council Chair Sandra Gardebring will be a
speaker at the conference, sponsored by the Council, the
Minnesota Pollution Control Agency, the state Waste Manage-
ment Board and the University of Minnesota.
The conference will be at St. Paul's Ramada Inn. Registra-
tion costs $50 for professionals in the waste management
field, S25 f~r students and concerned citizens. For more
information call Leslie Denny in the University of Minnesota's
Professional Development Department, 373-5325.
COUNCIL SEEKS APPLICANTS FOR
THREE ADVISORY GROUPS
The Metropolitan Council is seeking applications ~or
vacancies on its Ar~s Advisory Committee, Metropolitan
Health Planning Board and Metropolitan Waste Management
Advisory Committee.
The Arts Advisory Committee's eight openings are in the
following categories: a professional arts administrator, a
theater person, a craf"[ educator and consumers interested in
the arts. The Council encourages people to apply from the
entire Metropolitan Area and especially Council Distric~ 10
(Brooklyn Park and Crystal); Distric~ 11 (St. Louis Park,
Golden Valley and Edina); District 14 (Scott and Carver
Counties); and District 16 (southern Dakota County).
Arts Advisory Committee members serve a single three-
year term.
Eight positions on the Metropolitan Health Planning Board
include vacancies in the following categories: a health pro-
fessional from a health maintenance organization, e health
professional in mental health, a health professional, three
health consumers, a' representative from a public health agency
for Iow-income persons and a nursing-home administrator.
Citizens from the seven-county area and especially those
who live in Council District 4 (south-central Minneapolis);
Distr. ict? {northern Ramsay and western Washington
Counties); and District 8 (Coon. Rapids, Blaine and Fridley)
are encouraged to apply. Members of the board serve three-
year terms.
The Metropolitan Waste Management Advisory Committee
has an opening, because of the resignation of Russ Edhlund,
for a private waste management firm representative. This term
will expire Dec. 1,1986.
The application deadline for all the positions is June 14.
For more information or to obtain application forms, call
Sandi Lindstr~)m at 291-6390.
COMING MEETINGS (June 3-21)
(Meetings are ten,at~ye. To verify, call 291-6464.)
' ~etr'opolitan Systems Committee, Monday, June 3, 4 p.m.,
Conference Room E.
Regional Transit ~ard, Monday, J~ne $,;4:30 p.m.,
Council Chambers.
Aggregate Resources Advisory Committee, Tuesday,
June 4, 3:30 p.m., Conference Room E.
Minority Advisory Committee, Tuesday, June 4, 4 p.m.,
Council Chambers.
Technical Advisory Committee, Wednesday, June 5, 9 a.rh.,
Courtcil ~ambers.
Environmental Resources Committee, Wednesday, June 5,
3:30 p.m., Council Chambers.
Chair's Advisory Committee, Wednesday, June 5,
7:30 p.m., Council Chambers.
Metropolitan River Corridors Study Steering Committe~,
Thursday, June 6, noon, Conference Room E.
Metropolitan and Community Development Committee,
Thursday, June 6, 1:30 p.m., Council Chambers.
Management Commi~ee, Thursday, June 6, 3 p.m.,
Council Chambers.
Abatement Fund Subcommittee, Thursday, June 6,
7:30 p.m., Burnsville City Hall, City Council Chambers,
1313 Burnsvil[e Hwy., Burnsvil{e.
Metropolitan Parks and Open Space Commission, Monday,
June 10, 3 p.m., Council Chambers.
Metropolitan Systems Committee, Monday, June 10,
4 p.m., Conference Room E.
Air Quality Commit'tee, Tuesday, June 11,10 a.m.,
Conference Room B.
Developmental Disabilities Advisory Committee,
Tuesday, June 11,1 p.m., Conference Rooms C and D.
Metropolitan Waste Management Advisory Committee,
Tuesday, June 11,2 p.m., Council Chambers.
Metropolitan Housing and Redevelopment Authority
Advisory Commit't~e, Wednesday, June 12, 9 a.m., Council
C~hambers.
Metropolitan Health Planning Board, Wednesday, June 12,
4 p.m., Council Chambers.
Metropolitan Council Informational Meeting on Combined
Sewer Overflow Issues, Wednesday, June 12, 5 p.m., Council
Chain bors.
Metropolitan and Community Development Committee,
Thursday, June 13, 1:30 p.m., Council Chambers.
Metropolitan Council, Thursday, June 13, 4 p.m., Council
Chambers.
American Legion Post 398
DATE May 31, 1985
Gamblln~ R~eoort
- ' CURRENT MONTH YEAR TO DATE
G.oss; ~ 8 ~-",o .oo f ~l, 8oo .oo
EXPENSES:
Aor. ~ax ~210.60
Supp!ie s 539 · 55
PAYOUT AS PRIZES:
~750.18
6B70.00
~1326.53
15,370.o0
PROFIT-:
~!319.82
~'5~ 03,
DISTRIBUTION OF PROFITS:
Fire Deot. ~!500.00
LeS. B.B. Equip. 521.30
Nurses Scholarship 30.00
LeS. softball fees 175.00
Alano 115.00
O!ant . 20. O0
' C o.~mun~ t v ~lags 138. O0
300.00
~?oo..$o
~aa6!.2o
Check Book .Balance ~1803.67
Name Title
Affiliation Phone ( )
Address
(street) {city) (state) (zip)
Please register me for the following workshop{s):
[]]Complete Series ($75/pp) F') Creating Effective Teams/June 25 {$27/pp)
[]]Dealing with the Public/July 30 {$27/pp) [] Negotiating for Success/August 22 {$27/pp)
[]]Enclosed is my check {payable to GTS) in the amount of $
)-')Please bill me. Note: A $2 billing charge will be added.
F'lI cannot participate in these sessions, but would like to explore the possibility of
co-hosting a session{s}. Please call me.
Return to Government Trai~ing Service, 202 Minnesota Build?ny, 46 East Fourth Street,
St. Paul, Minnesota 55101 at least two weeks before the program.
GOVERNMENT TRAINING SERVICE PRESENTS...
Co-sponsored by Association of
EVENING WORKSHOPS FOR
ELECTED OFFICIALS
... JUNE - AUGUST, 1985 Twin Cities
Minnesota Counties * Minnesota Association of Townships
League of Minnesota Cities
The Government ?raining Service (GTS) and its three co-sponsors are pleased
to announce a pilot program of evening workshops designed specifically for local
government elected officials in Minnesota.
In selecting topics and developing session formats, GTS was assisted by an
Advisory Committee composed of representatives of cities, counties, townships,
and school boards. In addition, an extensive survey was conducted of persons
attending several state-wide elected officials conferences. Results from both
indicated a desire for short, evening sessions in the metropolitan area.
While this initial series will be presented in the Twin' Cities, GTS hopes
to schedule similar programs in other parts of the state. If your jurisdiction
is interested in hosting a session of this type, please indicate on the form
provided.
.Based upon interest expressed thus far, GTS expects these workshops to fill
quickly, so early registration is encouraged. DON'T MISS THIS OPPORTU!tITY TO
ENHANCE YOUR SKILLS AND EXCHANGE IDEAS WITH OTHERS FACING THE CHALLENGES OF
PUBLIC OFFICE:
LOCATION '
All three workshops will be held in the White Bear Lake Public Library (4698
Clark Street, White Bear Lake). Specific driving/parking directions will be
included in your workshop(s) confirmation..
REGISTRATION
Registration fee for the entire series' of three workshops is $75/person. This
includes tuition, written materials, and coffee breaks. Registration for separate
workshops is also available'at $27/person. Each program begins at 7:00 p.m. and
concludes at 9:00 p.m. All registrations should be received at least two weeks
prior to each program. INQUIRE ABOUT REDUCED RATES FOR ORGANIZATIONS REGISTERING
THREE OR MORE PERSONS.-
CANCELLATION
Fees will be fully refunded for cancellations received seven (7) days prior to the
workshop. Substitutions for registered participants may be'made at any time.
CREATING EFFECTIVE TEAMS :' .... Tuesday, June 25
Effective teams are much more than simply collections of individuals--commitment to
oroup goals and willingness to collaborate is essential to their success. This workshop
will provide oractical, timely techniques designed to help you function mo~t effectively
in [eam situations.
As a participant you will:
· Gain an understanding of your own strengths, weaknesses and style
preferences as team members
· Learn how to use style differences constructively in resolving
conflict
· Identify the importance of goal setting vs crisis management
· Develop an overview of teamwork between pol'icy makers and staff
· Obtain necessary skills to become an effective member of a team
INSTRUCTOR: Barbara Arney directs the Organizational Services Division bf the
Government Training Service. She has led goal setting and team building seminars
for City Councils and County Boards throughout the state of Minnesota.
DEALING WITH THE PUBLIC Tuesday, July 30
Dealing with the public is an integral responsibility of any elected official. This
workshop can provide you with the skills to insure that those dealings are construct.ive
for your purposes and for the public.
As a participant you will:
~ Gain an understanding of how the public has changed and why
· Learn how to handle conflict situations (even when it's people you know)
· Obtain skills you need to respond in a variety of situations
· Learn how to handle yourself effectively in meetings
(and cope with hostile audiences~)
· Develop skills to create a positive publi~' image
· Explore a variety of ways to get things done through others.
(i.e. how to get volunteers to 'volunteer')
· Learn how to say 'no' effectively
INSTRUCTOR: Kathryn Barrington is a communications consultant to government, business
and colleges throughout the United States, Canada ~nd Central America. She is an active'
and internationally-recognized public speaker, seminar leader and cons'ultant.
NEGOTIATING FOR SUCCESS Thursday, August 22
Negotiation is the art of creating Solutions that give each individual involved a
positive stake in the outcome. Whether you are dealing with a spouse,, co-worker,
colleagues on your governing body or the general public, there are techniques and
strategies which can help you reach your objectives with a minimum of frustration.
This is especially important for elected officials trying to eliminate some of the
stress caused by competing demands, multiple roles and limited time.
This session will cover: ~ .i.
· Concepts of positive negotiation
· The variables to consider in successful negotiation
· Strategies
· Negotiation tactics to use and to avoid
INSTRUCTOR: Jack Flagler is Professor of Industrial Relations at the University of
Minnesota.. He is an expert in the 'industrial relations field, having over 30 years
of experience.
'FOR FURTHER INFORMATION
Carol Schoe6eck
Government Training Service
202 Minnesota Building
46 East Fnurth Street
St. Paul, Minnesota 55101
612/222-7409 or Minnesota
toll free 800/652-9719
ABOUT THE GOVERNMENT TRAINING SERVICE (~
The Government Training Service is a public, joint powers organization whose mission is
to meet the changing management, and leadership needs of policymakers, staff and appointed
officials by providing innovative, comprehensive, practical training and consulting to
publicly-funded organizations in Minnesota. Its members include the League of MN Cities,
the Association of MN Counties, the MN Association of Townships, the MN Association of
WASTELINE
... the shape of things in solid waste
300 Metro Square Building St. Paul, Minnesota 55101 612/291-6464
May 1985
Issue No. 7
Editor: Joan Steinmann
HENNEPIN COUNTY'S DESIGNATION
PLAN APPROVED
Hennepin County has become the third county to take
advantage of state legislation providing for solid waste
"flow control" by metropolitan counties. The Metro-
politan Council last month approved a plan giving the
county the authority to designate the facilities--resource
recovery plants and transfer stations--where unrecycled
trash from the county must be taken.
Designation will allow Hennepin County to guarantee the
resource recovery plants a steady supply of trash. The
plants will help divert waste from landfills-a goal of the
Council's new solid waste management plan, which prohibits
lahd disposal of unprocessed trash after 1990.
Under designation, trash collectecl from homes and
businesses in Hennepin County will be taken to one of four
transfer stations, compacted, and sent on to a privately
owned and operated recovery facility. The county will set
the fee haulers pay when they drop off the trash. That means
costs to households and businesses will be "equalized"-
everyone will pay roughly the same for disposal of their
trash. The county estimates the drop charge will be about
$35 to $50 per ton.
The county plans to send 1,000 tons of trash daily to a
resource recovery plant at the site of the Greyhound garage
at 7th St. and 6th Ay. in downtown Minneapolis. Construc-
tion is to begin in June 1986, and the county hopes to
have its .system of resource recovery plants and transfer
stations operating by 1990. Trie county has yet to decide
whether it will need another resource recovery facility.
The Council also approved three requests from private
companies to exclude some trash from the county's
designation plan for their own resource recovery projects.
Richards Asphalt Co. was granted an exclusion for 72 tons
per day of trash to burn for energy in the production of
asphalt products in Savage. Richards currently burns 72 tons
daily and plans to add another unit to its incineration system.
Waste Energy Systems will get 150 tons per day of Hennepin
County solid waste to burn at a 200-ton-per-day facility in
New Brighton for steam to be sold to industrial users. The
company is negotiating with haulers to get the rest of the
trash it needs from Anoka County.
The Council also approved a request from Reuter, Inc., of
Hopkins for excluding 400 tons per day from the designation
plan. Reuter plans to turn most of the trash into "densified"
refuse-derived fuel (RDF) pellets-which may be stored
longer than ordinary RDF-and to separate ferrous metals,
aluminum, glass and waste that can be composted.
Hennepin County must now attempt to contract with trash
haulers and municipalities for trash to supply its resource
recovery facilities, if these negotiations fail, the county wilt
submit for Council review an ordinance putting its designa-
tion authority into effect.
Before the Council approves such an ordinance, it will require
that Hennepin County work out two inconsistencies
between its proposals and the Council's requirements for
solid waste management: the county's intention to recycle
less than target levels set by the Council and its plan to send
unprocessed trash exceeding the capacities of its planned
facilities to area landfills.
TRASH COLLECTION, EGYPTIAN STYLE
In at least one part of the world, picking up trash and
sifting through it for recyclables is an inherited privilege. In
their presentation at the International Small-Scale
Municipal Waste-to. Energy conference in Washington, D.C.,
Charles Paterson and Charles Gunnerson discussed the
collection customs of Cairo:
"Refuse in Cairo has traditionally been collected by a
hereditary group, known as zabbaleen. These people take
away waste for a relatively Iow price in order to obtain the
rights to recover the materials in the discards.
"Separation 'is done by hand-picking recyclables, by family
members. In recent years, the effectiveness of this system
has failed to keep up with the rapid growth of Cairo,
primarily caused by Iow-income people moving into the
city. Waste from Iow-income areas has limited recycling
potential and thus is of less interest to the zabbaleen.
"The municipal government now collects an average of
30 percent of discards, but about 10 percent, primarily in
Iow-income areas, is uncollected. Nonrecycled waste and
municipally collected refuse have been disposed of in
landfills and open dumps. Limited space for readily
accessible landfill sites is resulting in establishment of
several composting facilities.
"These new plants are essentially demonstration systems
for developing markets for the compost. A project for the
Suez cities examined end rejected energy recovery, because
of the relatively Iow cost of energy in the area. Composting
was selected as the preferred disposal method. This is also
the approach being pursued in other Egyptian cities, such
as Shoubra and Alexandria."
BURNING TRASH IS RED WING'S SOLUTION
Since 1982, the city of Red Wing has incinerated an average
of 105 tons per day of trash in its municipal mass-burn
facility and sold steam to S.B. Foot Tanning Co. The city
sends only demolition debris and ash from the plant to its
landfill.
The facility is efficient-Red Wing has had to landfill its
trash only once since the plant opened, when a faulty part
forced it out of operation for six weeks. It's a~so popular--
four cities and seven townships pay Red Wing to drop their
trash at the plant.
What's more, the costs have been reasonable, with steam
sales and tipping fees more than covering operation and
maintenance costs. The money left over goes toward
paying back the city's debt for construction of the plant.
"We've demonstrated that a system like this can work. Our
operation is economically viable," sa'id Red Wing city ad-
ministrator Dean Massett. The difficulty of siting a new
landfill and expense of opening one drove city officials to
abandon the effort. They decided, as Massett put it, "Let's
burn the trash."
In 1980, Red Wing voters approved construction of a trash
burning plant by a margin of 16 to one. The city sold $2.5
million in general obligation bonds to finance the project.
Red Wing's situation was in many ways ideal for building
a waste-to-energy facility. The city already owned the land
it built its plant on during 1981-82, when construction costs
were relatively Iow. Foote Co. was a convenient customer
for steam energy, and particularly eager when the city
approached it during the energy crisis of the late '70s. Red
Wing's trash is collected by the city, so uncertainties about
supply were not a problem.
Average operating cost for the plant is $12 per ton of trash
burned, while debt service costs the city $13 per ton yearly.
Revenues from the burn plant (including tipping fees o} $10
per ton) are about $18 per ton.
Continued
.(
This means Red Wing loses $7 per ton to process its trash,
until its debt is paid off in 1992. After that, it may make
money on irs mess.burn facility. Even now, raising tipping
fees to $17 per ton {a reasonable figure considering landfill
fees of about $13.$14 per ton are going up) would bring
costs and revenues into line, Massett maintains that, with
the piant, Red Wing has avoided the unpleasant consequences
of land disposal like groundwater contamination with an
economically feasible alternative,
SPEAKERS FROM EAST AND WEST COAST
SHARE RECYCLING INSIGHTS
As interest grows in starting or improving recycling programs
in the Twin Cities Area, many people are eyeing efforts
elsewhere for lessons. Earlier this year, the Metropolitan
Council brought in speakers for its State of the Region
event to discuss how statewide recycling campaigns in
New Jersey and Oregon are working.
The nation's first statewide recycling program became law
in New Jersey in 1981, Mary T. Shell, who administers the
New Jersey Department of Energy's Office of Recycling
in Newark, explained the program.
It's a voluntary plan, supported by a surcharge on landfill
dumping that raises about $4 million per year. Its goal
is to divert 25 percent of New Jersey's solid waste by 1986
because "we are running out of landfill space," Shell said.
The New Jersey recycling program was supported by an
intensive education campaign, including public-service
and paid billboards, posters, magazine and newspaper ads,
and radio announcements, Shell said. A magician--Mr. R.E.
Cycle-traveled around the state with a show dramatizing
how recycling bottles, cans, papers and leaves can pay off in
many ways.
The state worked with one county to study the compati.
bility of recycling and "waste-to-energy" resource recovery
efforts (refuse-derived fuel, or RDF, for instance), said
Sheil. In New Jersey, as in the Twin Cities, some people
were concerned about whether "high-technology" projects
like RDF and recycling programs can co-exist without
gobbling up each others' supply of trash.
The study showed that recycling and waste-to-energy projects
' not only are compatible, but actually cbmplement each
other, Shell said. After recy.clables are separated from other
trash throughout Essex County, the heat value of the material
burned in its waste-to-energy facility is raised by eight to ten
percent. Sheil also said that facility cost 25 percent less to
build than it would have if the area didn't recycle.
The results of New Jersey's voluntary recycling program have
been encouraging, Shell said. By last July, almost two-thirds
of the state's 567 municipalities had recycling programs,
compared to only 30 percent in 1980. Sheil estimates
New Jersey's program is about a third of the way to its goal
of 25 percent recycling. To come closer to that goal, Sheil's
office and the department of energy are recommending that
the New Jersey legislature make separation of recyclables
mandatory throughout the state (see item below on the
Metropolitan Council's solid waste management plan for a
discussion of this issue in the Twin Cities Area).
Panelist Fred Hanson, director of Oregon's Department of
Environmental Quality, told listeners about a differenl; kind
of recycling plan: the "Opportunity to Recycle*' Act,
passed by the Oregon legislature in 1983. "We felt that if
Oregonians had the opportunity to recycle, they would,"
Hanson said.
The act requires that by July 1986 all residents of the state
be given the chance to recycle-by curbside collection,
or with drop-off sites for communities of under 4,000
people. It also provides that all residents be given
information about recycling.
Under the Oregon law, "we defined as recyclable any item
that can be recycled at a cost equal to or less than the cost
of landfilling it," said Hanson. Communities throughout
Oregon must see that services needed to recycle such items
are in place, and must report back to the state in 1986.
If the reports show these efforts are not adequate, the state
may make recycling mandatory, Hanson said.
Mary Shell will be back in the Twin Cities to deliver the
keynote address at the June "New Roles in Recycling and
Composting" conference. The conference will feature
speakers from Minnesota and around the country who will
discuss "low-tach" waste management techniques (see
announcement below).
A 26-minute videotape of Shell and Hansen's presentations
at the Council's State of the Region event is available. To
borrow a copy, call Robin Anderson at the Council's
Communications Department, 291-6512.
TWO-DAY SESSION TO FOCUS ON
REC~'CLING, COMPOSTING
As limited landfill space runs out and concern grows about
groundwater contamination from buried waste, people
are giving more attention to alternatives like recycling and
composting--reusing materials like glass and newspaper,
and converting organic waste like leaves into a useful soil
conditioner.
Recycters and composters from as far away as Canada will
share their expertise and experiences with policymakers,
business people and others at a conference entitled
"New Roles in Recycling and Composting," June 19-20.
Major topics of discussion will be urban, rural and office
recycling; roles for local government and the waste manage*
mens industry in recycling and composting; the compatibility
of ".low tach" methods like recycling and "high tach"
alternatives.like incineration; and market development,
financing and promotion of recycling and composting.
Speakers at the conference will include Metropolitan
Council Chair Sandra Gardebring, Minnesota Pollution
Control Agency Director Tom Kalitowski, Gretchen Brewer
of Chicago's Resource Center and Jerry Powell, editor of'
Resource Conservation magazine.
The conference will be held at St. Paul's Ramada Inn. The
fee is $50 for people involved professionally in waste
management, $28 for students and other concerned citizens.
For further information, contact Leslie Denny at the
University of Minnesota's Department of Professional
Development, 373-5325.
MONEY FOR REUSE, RECO~/ERY PROGRAMS
TO BE SUBJECT OF MEETINGS
Since January, a surcharge of 50 cents has been collected for
every cubic yard of trash dumped in Twin Cities Area
landfills. Part of the money the state raises this way will be
used to develop alternatives to land disposal, like recycling
and composting, through a grant and loan program
administered by the Metropolitan Council.
In the coming months, the Metropolitan Council will
develop guidelines for awarding grants and loans for waste
abatement programs. Comments and suggestions about how
grant and loan money should be allocated will be aired at
a series of community meetings in late May and June. For
more information about the meetings or the grant and loan
program, call the Council's Abatement Administrator
Katy Boone at 291-6421.
TRASH THROUGH THE EYES OF THE ARTIST
You've heard a lot lately about the value of solid waste as a
resource--but you may not be fully aware of its aesthetic
potential. Now an exhibit of photographs at St, Paul's
Film in the Cities gallery shows thrown-away and discarded
objects from the point of view of eight artists from around
the country. Pictures of garbage and other found objects
can be seen throughout the month of May at this exhibit,
called "Detritus." For mSre information, call Film in the
Cities at 646-6104.
SLIDE SHOW HIGHLIGHTS ALTERNATIVES
TO LANDFILLS
An eight-minute slide show is available from the Minnesota
Pollution Control Agency (MPCA) that explains why land-
fills are a pressing problem and what the options for less
harmful disposal of trash are. The show's entitled
8reeking the Landfill Habit. For information about
arranging a showing, call the MPCA at 296-7719.
r I
Printed On recycled paper.
GERRY SIKORSKI
'~ ~TH DISTR~CT, MINNESOTA
WHIP AT LARGE
ENERGY AND COMMERCE
HEALTH AND ENVIRONMENT
OVERSIGHT AND iNVESTIGATIONS
POST OFFICE AND CIVIL SERVICE
CHAIRMAN, INVESTIGATIONS
CIVIL SERVICE
SELECT COMMITTEE ON
CHILDREN, YOUTH, AND FAMILIES
tEongre of toe niteb tnte
ouse of evresent tiUes
as0ington, 205 tS
May 20, 1985
WASHINGTON OFFICE:
414 CANNON HOUSE OFFICE BLDG.
WASHINGTON, DC 20515
(202) 225-2271
DENNIS McGRANN
ADMINISTRATIVE ASSISTANT
DISTRICT OFFICE:
8060 UNIVERSITY AVENUE NE,
FRIDLEY, MN 55432
(612) 780-5801
STEVEN CHIES
DISTRICT DIRECTOR
Mr. Jonathan Elam
City Manager
5341 Maywood Road
Mound, Minnesota
55364
Dear Jonathan:
I'm sorry you were unable to attend the meeting Saturday, May
11, at the Columbia Heights City Hall regarding general revenue
sharing. I wanted to send you a letter to let you know what was
discussed at the meeting. I ask that you let me know your thoughts
and ideas on this issue.
It is very apparent how important revenue sharing funds are to
a city's budget, whether they be used for capital purchases or
funneled directly into the city's general fund. Of an equal concern
is the recognition of the importance in reducing the federal deficit
in a fair manner.
The consensus at the meeting, and an opinion with which I agree,
was that all spending cuts or freezes need to be made fairly and
done across the board. If revenue sharing is to be funded for
~iscal year. 1986 at current levels, as the Senate suggests in its
recently passed budget bill, it is only right that cuts in the
defense budget be made as well.
It is important that I, as well as your two Senators, be kept
informed of your thoughts on this and all issues with which you are
concerned. It is through your calls, letters and meetings such as
w~ held this past Saturday that I can guage the opinions of the
cities, townships and villages of the sixth district.
igards'
ss
GS/mk
Enclosure
/ Y~" 7 THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
GENERAL REVENUE SHARING
FACTS
- States receive no monies from the General Revenue Sharing
program. Local general purpose governments are the only
recipients.
- Because of the diversity of local governments throughout the
country, any reductions in the program would cause serious
problems of equity.
- Most local governments begin their new fiscal year in two months
or July the first. They are in the final stages of completing
their budgets. To introduce uncertainties now would be
disasterous.
- The current authorization for General Revenue Sharing expires in
fiscal year 1986, with the last quarterly payment to be made to
local jurisdictions in October 1986. This last quarterly payment
is the reason why outlay authority remains in 1987.
- General Revenue Sharing is an entitlement program and is
therefore, not subject to the annual appropriations process.
- To modify this entitlement program would require-approval by both
the Senate Finance Committee and the House Government Operations
Committee.
- General Revenue Sharing is not indexed for inflation and has not
been. The purchasing power of General Revenue Sharing has
declined by 33 percent since 1978.
- General Revenue Sharing was at its highest level in fiscal year
1978 at $6.850 billion. States were removed from the program in
fiscal year 1981 reducing the program by 33 percent. A number of
states had passed their revenue sharing on to local governments.
The local government amount has remained at $4.566 billion since
that time. General Revenue Sharing has not contributed to the
growth of the deficit.
WHILE AT THE
1985 LEAGUE OF MINNESOTA CITIES CONFERENCE
YOU ARE INVITED TO VISIT US
IN OUR HOSPITALITY SUITE
Racl/sson St. Paul Hotel
June 12- 13, 1985
from 4:00 pm
Short Elliott Hendrickson, Inc.
222 E. Little Canada Road
St. Paul, MN 55117
484-0272