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85-12-10 CITY OF MOUND MOUND, MINNESOTA OUND CITY COUNCIL EGULAR MEETING :30 P.M., TUESDAY, DECEMBER COUNCIL CHAMBERS B C H NG' Proposed Amendment to the Zoning Map Lots 1,2,3,4 and 5, Block 11, Lakeside Park, A.L. Crockers 1st Division - from R-3 Residential to B-1 Business Pg. 3241-3254 Presentation by the Suburban Hennepin County Regional Park District Covering 1985 Legislation and Current Park District Activities - Marty Jessen (15 minute video tape) Consideration and Approval of Bid for 1986 Diesel Power, Single Axle, 31,000 GVW Dump Truck with Plow, Wing, Dump Body and Sander (to be handed out at meeting) Pg. 3255f 4. Decision on Martin Luther King's Birthday Pg. 3256-3260 Approval of Labor Agreement with Law Enforcement Labor Services, (LELS) Covering the Sergeant of Investigation and the Sergeant of Patrol from 1-1-86 to 12-31-86, a One Year Contract Pg. 3261-3286 Set Salaries for 1986 (as approved in the 1986 Budget) Pg. 3287-3288 Proposal to Provide Lessens and Rentals of Sailboats and Windsurfers at Mound Bay Park - Discussion Item Pg. 3289-3290 8. Comments & Suggestions from Citizens Present 9. Proposed Sewer and Water Rate Increase Pg. 3291-3294 10. Discussion on Satellite Dish Antenna Ordinance Pg. 3295-3305 11. Discussion on Upgrading of Existing Conditional Use Permits Pg. 3306 12. Proposal from Councilmember Smith on the Budget Process Information from the Statutes and the League on above Pg. 3307-3313 Pg. 3314-3318 13. Payment of Bills Pg. 3319-3327 Page 3239 {~. ~FORMATIO~/MI$¢ELLANEOU~ Notice of Meeting on Public Boat Access Set fbr December 10, 1985, Mound City Hall, 3:30 p.m. Be Notice of Meeting on the Metro Council's Development Framework - December 11, 1985, Chanhassen City Hall, 9:30 A.M. C. Notice of "Reachout" Meeting in Mound - Do Fe Ge Pg. 3328-3337 Pg. 3338-3339 Dave Durenberger - December 12, 9:00 to 11:30 A.M. Pg. 3340 Notice of Watershed District Meeting League Information on Tax Reform Proposal Notice from MWCC on Increase in SAC Rate to $475. Letter Regarding Dakota Rail Pg. 3341 Pg. 3342-3351 Pg. 3352 Pg. 3353-3355 Page 3240 CITY OF. MOUND Mound, Minnesota NOTICE OF PUBLIC HF. AF/IN~ 0tt PROPOSED AMENDMENT TO THE ZONING MAP FOR LOTS 1, 2, 3, 4 AND 5, BLOCK 11, LA. RES.I DE PARK, A. L. :CROCKER'S 1ST DIVISION; PID #'S 1'3-117-24 32 0144/0145 NOTICE.IS HEREBY GIVEN that on Tuesday, December 10, 1985, at 7:30 P.M., a public hearing will be held at the Mound City Hall, 5341 M~ywood Road,'Mound, Minnesota, to consider a proposal'to amend the Zoning Map, Mound Code of Ordinances, by removing the followin~ des- cribed parcels from "Two Family Residential (R-3)" Zoning District and adding' said parcels to "B-l' Central. Busines's" Zoning Dist. ri~t: PIP # 13-117-24 32 0144 - Lots t,2,3 and 4, Block Il, ""Lakeside Park; A.L. CrockeF's 1st Division, Mound,.Minnesota" except that part of said Lot 1 lying'North of a )ina drawn..parallel to the Southerly line of said Lot ) from a point in the East line of said Lot, which points .to 'lO.feet Southerly 'of the Northerly corner. thereof, and to a point of its intersection with the Westerly llne of said LQt or the Southerly line of.Church Way; also except that part of said Lot'2 ly'ing'West of a line parallel to the East line of'said Block ll and begi'hning at a point on the South line of said Lot 2, .50 feet West of the Southeast' corner .Of said Lot. 2; also ex- cept that part of'Lots 3 and 4 lying Southerly of a line beginning at a point on the East line of sa'id'.Lot 3 14.73 feet North of the Southeast cor~er-.thereof; thence Southwesterly along sald line to a point on the West line of said Lot .4. to a point 2.90 feet South of the Northwest corner thereof and terminating. PID # 13-1]7-2Q 3~ 6145 - Lots 3, 4 ~nJ 5, Block 11, "Lakeside Park; A. L. Crocker's )st Division, Mound, Minnesota", except that part of Lots 3 and 4. lying northerly of a line. beginning at a point on the east line of said Lot 3, 14.73 feet north of the southeast corner thereof; thence southwesterly along said line to a point on the west line of said Lot 4, 2.~0 feet south of the northwest corner thereof ~nd there terminating. P~Fcels. ere South 6f Church Road end West of Fern La~e. persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, City Clerk Publish in The Laker November 25, 1985 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 PLANNING REPORT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 11, 1985 SUBJECT: Town Square - Rezoning and Comprehensive Plan Amendment CASE NO.: 85-448 APPLICANT: Smiley Glotter Associates LOCATION: West Side of Fern Lane, South of Church Road EXISTING ZONING: Two-family Residential (R-3) COMPREHENSIVE PLAN: Residential BACKGROUND: The developers of Town Square are proposing to expand their parking into an area outside of, but adjacent to, the present tax increment financing district. The .area is presently zoned R-3 and the comprehensive plan designates the parcel as residential. Hence, both a rezoning and comprehensive plan amendment will be necessary. The proposed parking lot will occupy lots 1 through 5 as shown in the exhibits attached to the application form. These lots comprise a land area of approximately 21,250 square feet or roughly one half acre. Expansion of the lot as proposed will add 29 parking spaces to the project and will allow construction of an emergency entrance at the rear of the clinic. Additionally, it will provide a service corridor at the rear of the building which removes the jog that was part of the original plan which was approved by the Planning Commission and City Coun6il. Planning Commission and Staff Page Two November 11, 1985 ISSUES: The subject request presents two issues: rezoning and the comprehensive plan amendment. It is suggested that the Planning Commission review the me~its of the rezoning first since there is no reason to modify the comprehensive plan if there is no support for the zoning change. The land area immediately west of the subject parcel was previously rezoned from R-3 to B-1 as part of the Town Square approvals. The staff report on that request indicated that, according to the zoning ordinance, amendments to zoning districts should "only be used as a means to reflect changes in the goals and policies of the community as reflected in the plan or changes in the city." Town Square has been reviewed extensively by the HRA and the City Council, and their support for the proposal seems to reflect a change in both policy and business conditions in'the City of Mound. Based upon their actions, Town Square meets the ordinance criteria for rezoning. This case, however, should be considered on its own merits since the City Council previously granted a variance for the number of Town Square parking spaces and since the proposed expansion directly impacts the residents that live on the east side of Fern Lane. The residents in this area were not directly affected by the original project since' the area which is now being proposed for rezoning served as a residential, rear yard buffer to the Town Square project. The proposed expansion of the Town Square project will be an asset to the commercial center. The additional parking and more direct service access addresses two concerns which were raised during the original review. The issue to be decided by the Planning Commission is whether or not this benefit to the project comes at the expense of any negative impacts to the surrounding residential area. In addressing this issue, the Planning' Commission should consider the zoning of the surrounding area. The land lying east of Fern Lane and south of Church Road is zoned R-4 which would permit the construction of t0wnhouses (existing) and apartments. These uses represent the heaviest residential density allowed under the Mound Zoning Code. Due to this, it is a reasonable argument that high density housing and parking for commercial areas are compatible uses. The comprehensive plan amendment is the second aspect of this request. If the Planning Commission finds that the rezoning is appropriate, amendment of the plan is equally appropriate. The amendment process will entail the involvement of the Metropolitan Council. In the case of the previous Town Square comprehensive plan amendment, this process took approximately 14 days to complete. Planning Commission and Staff Page Three November 11, 1985 RECOMMENDATION: If the 'Planning Commission finds that the expansion of the parking area as proposed is compatible with the adjacent R-4 zoned property, staff recommends that the rezoning and comprehensive plan amendment be approved~ subject to the following conditions: Approval of the rezoning shall be officially granted upon receipt of the comprehensive plan amendment approved by the Metropolitan Council. ® Lots 1 through 5, Block 11, "Lakeside Park, A.L. Crocker's 1st Division, Mound, Minnetonka" shall be platted and combined as one tax parcel consistent with the remainder of the Town Square property· All parking and access improvements shall be constructed consistent with the amended site plan "Exhibit DDI." The applicant shall prepare and submit detailed landscaping plans for the expansion of the parking area for review and approval by the City Planner. .MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING NOV~HBER 18, 1985 Present were: Chair Elizabeth densen; Commissioners William Meyer, Geoff Michael, Thomas Reese, Kenneth Smith and William Thal; City Planner Mark Koegler; Building Official dan Bertrand and Secretary Marjorie Stutsman. Commissioners Robert Byrnes and Frank Weiland-were absent and excused. Also present were: Ray W. Geiger of Smiley Glotter Associates; Rick Ahmann; and Michael and Debra Netka. MINUTES The minutes of the Planning Commission meeting of October 14, 1985 were presented for consideration. Reese stated that, on page 3, the intent of his motion was to convert the-existing nonconforming to conditional use permits (to write it down-- identify what they are). He asked that motion be corrected to read: " ...... goal of converting!to conditional use permits and further, the intent is not to create a bunch of new'uses!'. '.Reese moved and Thai seconded a motion to accept the.minutes of the October 14, 1985 meeting as corrected. The vote was unanimously in favor. BOARD OF. APPEALS 1 Case No. 85-443 Variance to recognize an existing nonconforming setback at 1599 Gull-Lane - Lots'll & 12, Block 1, Woodland Point' Applicant D. M. Frankie was not present. The Planning commission moved on to the next item and'at the. end of the meeting, as Mr. Frankle stI. 11.was not present, made the following.motion: Reese moved.and Meye~ seconded a.motion to.table the variance request. The vote was unanimously in favor. Case No. 85-448 Public Hearing on Zoning Map'Amendment from R-3(Two Family) to B-l(Cen.tral.BUslness) to incorporate into Town Square Project.Lots 1, 2, 3, 4 and 5, Block 11, Lakeside Park, A. L. C'rocker~s 1st Division. Ray Geiger of Smiley Glotter Associates was present. The Planner, Mark Koegler, reviewed his report. The developers of Town Square have requested a rezoning of lots adjacent to and behind the'clinic to expand their parking as shown on the Site.Plan. Area is presently zoned R-3 and the comprehensive plan designates area as residential. The lots comprise an area of.approximately 1/2 acre. Expansion.as proposed will-.add 29 parking spaces to the' development itself as well as provide an emergency access to the rear of clinic~ Purpose of that would be for people to drop off minor medical kind of things that that'clinic could handle. There are a couple of positive factors; 1) additional parking spaces and 2) the remova.] of the 90° curve that was in back alley space which has been a concern for Fire and Emergency services. He stated there are essentlally two issues here: rezonlng and the comprehensive plan amendment. This is very similar to what we went through before to rezone land clinic actually will sit on. This property is not part of the tax increment district; however, they 'are proposing to use it as part of the development itself. He suggested this case be considered on its own merits since variances for parking spaces were previously granted; issues to be decided is whether the additional parking and more direct service access for the project comes at the expense of any negative impacts to the surround- ing neighborhood. He stated that the high density zoning of area (R-4) and parking for commercial areas are compatible uses and a reasonable argument for the rezoning. If the Planning Commission finds the expansion of the parking area as proposed is compatible with the adjacent R-4 zoned property, Planning commission Minutes' November 18, 1985 - Page 2 staff :recommends that the rezoning and comprehensi'veplan ·amendment be approved subject to the followi.ng conditions: 1. .Approval of.the'rezonlng shall be officially granted upon receipt of the comprehensive plan amendment'approved by the Metropolitan. Council. 2.. Lots'l through 5, Block 11, ~'Lakeside Park, A. L. Crocker~s 1st Division, Mound, Minnesota'S'shall be .platted and combined as'.one tax'parcel con- sistent wlth:the'remainder, of·the Town Squa.re'property~ 3..All parking and:access Improvements'shall be constructed consistent With the.amended'site plan ~'Exhibit DO1~. q. The' applicant sba1! .prepare'and.submit.de'tal.led:landscaping pl.ans for the expansion of the parking'.'area for'review'and'approval by ~he City Planner. The Commission-had va'rious questlons~ such as: 1) If tying.'all'the parcels to- gether Would have anY:effect':oh.tax'.incremen~.~inanclng? ~ns~er: I.f. they. were. tied'together,, taxes that'would be received from park~.ng .'lot propertyc--' status or'that woUld'n~t..be~altered l'n any~ay;"'can~t be attached to district without going through'lo,ma'1 p?lic hearing to amend.distri, ct'itself which i"s a lengthy, procedure. 2)'~ight~ng'plan that w°uldn~.t be objectionable to the residential. Gelger of-smileY Glotter'Associates commented 'the Project is enhanced by .adding this area. ..The. Chair opened-the pUblic hearing. Nearing no comments, she closed the public hearing. .. · . K...Smlth moved and.Re,Se seconded.a.motion to accept the staff's recommenda~ tlon with a change on Item # 2 ~ ....... property Subject to'staff, rev|aw of . tax Implications of such an'act, ion~ and addition of Item #'$, ~that appli- -cant shall prepare and submit a lighting plan' for review and approval by the City staff. The vote was.unani, mously in. favor. Motion carries. , The public hearing has.been set for December.'iO, 1985. Case No.'.85-qq9 Front yard setback for detached garage and .recognize existing nonconformi-ng setback at.2017 Arbor 'Lane - Lot'3, Skarp S Lindquist~s Ravens- wopd. Rl~k Ahmann was present. '. .. The Building Offlclal,.Jan Bertrand, revle~ed her report explaining'Hr, Ahmann was previously before the Commission'with request to do structural alterations 'to his home. He has since'had'it surveyed. Survey shows bls existing home.is.. 2.5 to 2.~ from the southwest lot line. After consulting wlth contractors, he has decided he~d like to revise.hi.s request as economics of the sloped roof and the removal of light and ventilation from kitchen was too-extensive. .He~d like a detached garage. It would be set 5 feet from' the.house to preserve . the llght and ventilation. He~d push'the~garage to that 5'foot'setback; it would be 1.5 to 19 feet from 'the front property line and 16 to.20 feet to the' blacktopped street because right-of-way is at an angle. Variance would be 5 foot at .the greatest point. The Commission discussed space for parking; Ahmann stated he could park 1 car paral]el to street in front of proposed garage and also there was room for a car:or two on side of the proposed garage.. Garage size was also CITY OF MOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Case No. Fee Paid ~¢~. ~ Date Filed I. Street Address of Property West side of Fern Lane South of Church Road 2. Legal Description of Property: Lot (attached) Block Addition PID No. 3. Owner's Name The Bellefont Co. John Bierbaum Day Phone No. 338-3888 Address 90 South 6th Street~ Minneapolis, MN 4. Applicant (if other than owner): Name Smiley Glotter Associates Day Phone No. 332-1401 Address 1021 LaSalle Avenue Minneapolis, MN 55403 e Type of Request: ( ) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ).P.U.D. *If other, specify: 'Revision t° Comprehensive Guide Plan (X) Amendment ( ) Sign Permit ( )*Other Present Zoning District R-3 Existing Use(s) of Property Residential & Vacant Lot Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? No If so, list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required papers or plans 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 Applicant ~ Date Oct. 24, )98.5 PlanniQo Commission Recommendation: Accept the staff's recommendations with a change on Item2~...property subject to staff review of tax mmplicat~ons on such an action" and additior of Item 5, "that applicant shall prepare & submit a lighting plan for review and approval by tbs C;Ly ~L~FF. Date 11-18-85 lic Hearing set for December 10, 1985. ,uncil Action: Resolutid~ No. Date Procedure for Zoning Amendments (2) Case D. Location of: Signs, easemehts, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections · III.An Amendment to the Zoning Ordinance (Answer either A or B below) A. It is requested that Section of the Zoning Ordinance be amended as follows: N.A. Reason for Amendment: Amendment to Map: It is requested that the property described below and shown on the attached site plan be rezoned from R-3 to B-1 . Address of Property: West side of Fern Lane South of Church Road Legal description of property (lot, block, subdivision or metes and bounds) Attach additional sheets, if necessary) (attached) Present Use of Proper:ty:: Reason~for Amendment: Residential & Vacant Lot To incorporate into Town'Square project:' Note: No application of a property owner for an amendment to the text of the ordi- nance or the zoning map shall be considered by the Planning Commission within one year period following a denial of such request. EXHIBIT A Lots 1, 2. 3 and ~4, Block 11, "Lakeside Park; A. L. Crocker's 1st Division, Mound, Minnetonka" except that part of said Lot 1 lying North of a line drawn parallel to the Southerly line of said Lot 1 from a point in the East line of said Lot, which points to 10 feet Southerly of the Northerly corner thereof, and to a point of its intersection with the Westerly line of said Lot or the Southerly line of Church Way; also except that part of said Lot 2 lying West of a line parallel 9o the East line of said Block 11 and ~eginning at a point on the South line of said Lot 2, 50 feet West of the Southeast corner of said Lot 2; also except that part of Lots 3 and 4 lying Southerly of a line beginning at a point on the East line of said Lot 3 14.73. feet North of the Southeast corner thereof; thence Southwesterly along said line to a point on the West line of said Lot 4 to a point 2.90 feet South of the Northwest corner thereof and terminating. EXHIBIT A Case No. 85-448 Lots 3, 4 and 5, B%ock 11, "Lake Side Park: A. L. Crocker's 1st Division, Mound, Minnetonka", except that part of Lots 3 and 4 lying northerly of a line beginning at a point on the east line of said Lot 3, 14.73 feet north of the southeast corner thereof; thence southwesterly along said line to a point on the west line of said Lot 4, 2.90 feet south of the northwest corner thereof and there terminating. 4-0.00 S ~9o 21~'4.5"14/ iV'ly cot. of / ~ 4o -.,~ ~ '~.,.., ,'- - (' .- · . ~,~'~ ........ ~ '. . ._, - ........ : ,. ' ,,,. , - 4 .~8'?-'- -.' ·: .'; ......... 520 - ( ' ........ " .... '.',:" ---,: ..... ' ....... -- ..... ~--',. ,-, .......... , .......3 ,.t ...t~..- ...... . ........ ...,-o --. ...... , ..... ... ..... , . .... ,~.,,, ~.., . · I ._:,\, '-: :- ;%',-" ::'.-.-- ' : ..... - .-'-.'":'~..- ?; ' -7. '. ~ ~ --- . ' '" . :L~I~ ~) ~ -~"~'"'" ....... o..,~ ......... F.?._':*.'-;'F' . -.4'' -. ~ , ,::j :-.'. -.'. '- -':. .'.~';':, .: .r..~ - ,:~ -.: -.:'. - ~. ,, - ' ,- · - . :.. ',~.'.,.;.,-.-.~t '- -' :;-(~.'~.~'-;~"-: '--' ...... -'?---' · · - ~- ,-." . -:-.-,4.: -. ~(~ '~ ;. · ORDINANCE NO. 486 AN ORDINANCE AMENDING THE CITY 'OF MOUND OFFICIAL ZONING MAP BY REZONING A CERTAIN PARCEL (AS DESCRIBED BELOW) FROM R-3 RESIDENTIAL TO B-1 BUSINESS The City of Mound does ordain: The following described property is amended on the official zoning map to rezone the property (as described below) to B-1 Business from its present R-3 Residential zoning: PID #13-117-24 32 O144 - Lots 1, 2, 3, and 4, Block 11, "Lakeside Park; A.L. Crocker's 1st Division, Mound, Minnesota" except that part of said Lot 1 lying North of a line drawn parallel to the Southerly line of said Lot 1 from a point in the East line of said Lot, which points to 10 feet Southerly of the Northerly corner thereof, and to a point of its intersection with the Westerly line of said Lot or the Southerly line of Church Way; also except that part of said Lot 2 lying West of a line parallel to the East line of said Block 11 and beginning at a point on the South line of said Lot 2, 50 feet West of the Southeast corner of said Lot 2; also except that part of Lots 3 and 4 lying Southerly of a line beginning at a point on the East line of said Lot 3 14.73 feet North of the Southeast corner thereof; thence Southwesterly along said line to a point on the West line of said Lot 4 to a point 2.90 feet South of the Northwest corner thereof and terminating. PID #13-117-24 32 0145 - Lots 3, 4 and 5, Block 11, "Lakeside Park; A.L. Crocker's 1st Division, Mound, Minnesota", except that part of Lots 3 and 4 lying northerly of a line beginning at a point on the east line of said Lot 3, 14.73 feet north of the southeast corner thereof; thence southwesterly along said line to a point on the west line of said Lot 4, 2.90 feet south of the northwest corner thereof and there terminating. ATTEST: Mayor City Clerk Adopted by the City Council Publish in The Laker CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 December 10, 1985 TO: CITY COUNCIL FROM: ACTING CITY MANAGER RE: BID RESULTS ON DUMP TRUCK The following bids were received for the 1986 dump truck: Lakeland Ford Truck Sales Cab & Chassis 740 South Concord Dump Body St. Pa~.l, MN. 55075 Snow Plow Wing Sander TOTAL $ 30,232.5O 9,132.50 6,706.70 9,654.55 1,747.50 $ 57,473.75 Boyer Ford Trucks, Inc. Cab & Chassis $ 30,873.00 2811 N. E. Broadway Dump Body 9,132.50 Minneapolis, MN. 55413 Snow Plow 6,706.70 Wing 9,654.55 Sander 1,747.50 TOTAL $ 58,114.25 Dump Body $ 9,132.50 Snow Plow 6,706.70 Wing 9,654.55 Sander 1,747.50 TOTAL $ 27,241.25 MacQueen Equipment 595 Aldine Street St. Paul, MN. 55104 MacQueen Equipment furnishes only the add-on equipment not the cab and chassis. The recommendation is to approve the bid from Lakeland Ford Truck Sales. fc enc. An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities. CITY OF MOUND MOUND, MINNESOTA BID PROPOSAL DIESEL POWER SINGLE AXLE 31,000 GVM WITH PLOW, WING, DUMP BODY: AND SANDER All bidders must submit bids on this form to furnish equipment as specified. All prices are to include mounting and F.O.B. Mound, MN. Cab and Chassis Make ~'~ ~P~y /P)/ 5)~$J mp Body Snow P1 ow Wing Under Tail Gate Sander Model co t Make Model Cost, Make Model Cost · Make y~""/~/.H/f' , Model /~¢ /3/~/9 Cost Total Price of .Cab Sander, Signature of Bidder ,Z .n.,a e, ) /,,, ,,-/ Firm Make /77/p/p r~ ~-- cost ~ Chassis, Dump Body, Snow Plow, Wing and ~ .. Address Date / City, State Zip Code ORDER MUNICIPAL - TRUCK - CONTRACTOR'S EQUIPMENT 645-5726 595 Aldine St. ST.. PAUL, MINNESOTA 55104 To ALL DEALERS Date 12/4/85 Street Req. By Bid City & State Terms Net 50 For City of Mound Territory Gary Bo)rum Address Bid 12/9/85 10:00 A.M. Expected Chas$i · Arrival' Date M I N N WATS 800-832-§417 P.O. No. Phone Number I TZE SZZE-I~AA p.O. Frink 4511 PISA-WG Poly Plow With Rubber Belting Spray Guard Frink 10 BRA Wing With Candian Posts Frink Full Tripping Wing Braces Frink 4 x 2 Custom Side Plate Hitch Frink Tor-Lok Complete Heil S/L 5-6 Cubic Yard Capacity 9'x7' Complete To Specs Heil 1821 DA Class SO Hoist Cessna Hydraulic System Complete To Specs Monroe MS96RS Roll Type Sander All Lights, and Safety Equipment To Specs Mounted, Painted, No F.E.T. F.O.B. St. Paul, MN 27,241 DISCLAIMERS Any warranties on the products sold hereby are those of the manufacturer. As between this retail seller and buyer, all products are sold in an AS IS condition. The entire risk as to the quality and performance of the product is with the buyer. Seller does expressly refrain from making any representations or warranties, and does hereby disclaim any and all warranties, express or implied, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, whether arising from statute, common law, custom Or otherwise. The remedy set forth in this agreement shall be the exclusive remedy available to any person. No person has any au. thority to bind the seller to any represen, tation or warranty other than this disclaimer. This disclaimer by this seller in no way affects the terms of the manufacturer's warrantv. The seller shall not be liable for any consequential damages resulting from the use of this product or caused by any defect, failure or malfunction of any product, whether a claim for such damage is based upon warranty, contract, negligence or otherwise. The buyer acknowledges being informed of the above disclaimer prior to sale. Buyer's Signature X MINNESOTA SALES.TAX MUST BE ADDED OR TAX EXEMPTION CERTIFICATE FURNISHED ACCI!;I~'ED: CUS'TOM]Et~ ........................................................................... We ~Mrvo tho fight to ehanp prie# ~lthout mmiiee. The price in effect it time of delivery w~l prevtll, notwft~t~nding the pr~s shown herein. (See Term~ and Condfttonz on 2-8O OFFICE COPY CITY OF MOUND MOUND, MINNESOTA All bidders specified. All prices:are to Cab and Chassis Dump Body Snow P1 ow Wing Under Tail Gate Sander BID PROPOSAL DIESEL POWER SINGLE AXLE 31,000 GVM WITH PLOW, WING, DUMP. BODY' AND SANDER must submit bids on this form to furnish equipment as include'mounting and Make Model Cost ~ Make _//~,°/ Model ~k ~,, ! Cost Make Model Cost Make Model Cost Make Model Cost F.O.B. Mound, MN. TotalSander: Price of ,C?~ Chassis,~_~,//~/'~Dump Body, Snow Plow, Wing and Signature of Bidder Title Fibrin ' ~ Date ' '/ 'Address City, ~3Sta~e Zip COde CI?Y OF MOUND MOUND, MINNESOTA BID PROPOSAL DIESEL POWER SINGLE AXLE 31,000 GVM WITH PLOW, WING, DUMP BODY' AND SANDER All bidders must submit bids on this fOrm to furnish equipment specified. All prices'are to include mounting and F.O.B. Mound, MN. Cab and Chassis Make Model Dump Body Snow P1 ow Wing Cost. Make Cost Under Tail Gate Sander Make ~d///~ of~ . Mode ¢& Cost ~/ 7~/7. ~ 0 Total Price of ~=~s, Dump Body, Snow Plow, Wing and Sander: ~2 '7 ~c/ 1,~,~ ! Firm /~ / Address ~itle Date City[ State~ Zip C~ode 8 MUNICIPAL. - TRUCK - CONTRACTOR'S EQUIPMENT 645-5726 595 Aldine St. ST.. PAUL, MINNESOTA 55104 To ALL DEALERS Dar, 12/4/85 Strut Req. By Bid Ci~/& S~me Te,~, Net 30 For City of Mound Territory Gary Boyum Addre,s Bid 12/9/85 10:00 A.M. Expected Chassis Arrival' Date MINN WATS 800-832-6417 P.O. No. Phone Number. p.O. Frink 4511 PISA-WG Poly Plow With Rubber Belting Spray Guard Frink 10 BRA Wing With Candian Posts Frink Full Tripping Wing Braces Frink 4 x 2 Custom Side Plate Hitch Frink Tor-Lok Complete Hell S/L 5-6 Cubic Yard Capacity 9'x7' Complete To Specs Hell 1821 DA Class 50 Hoist Cessna Hydraulic System Complete To Specs Monroe MSg6RS Roll Type Sander All Lights, and Safety Equipment To Specs Mounted~ Painted~ No F.B.T. F.O.B. St. Paul, MN 27,241 TII~K SIZE-BEAR DISCLAIMERS Any warranties on the products sold hereby are those of the manufacturer. As between this retail seller and buyer, all products are sold in an AS IS condition. The entire risk as to the quality and performance of the product is with the buyer. Seller does expressly refrain from making any representations or warranties, and does hereby disclaim any and all warranties, express or implied, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY' OR FITNESS FOR A PARTICULAR PURPOSE, whether arising from statute, common law, custom Or otherwise. The remedy set forth in this agreement shall be the exclusive remedy available to any person. No person has any au. thority to bind the seller to any represen, tation or warranty other than this disclaimer. This disclaimer by this seller in no way affects the terms of the manufacturer's warranty. The seller shall not be liable for any consequential damages resulting from the use of this product or ca'used by any defect, failure or malfunction of any product. whether a claim for such damage is based upon warranty, contract, negligence or otherwise. The buyer acknowledges being informed of the above disclaimer prior to sale. Buyer's Signature X MINNESOTA SALESTAX MUST BE ADDED OR TAX EXEMPTION CERTIFICATE FURNISHED COSTOMF,~ .......................................................................... We ~eerve b riSht to ebanfe M wttho~ notre. The prt~e in eflee~ at time of delivery will prevail, notwithitanding the M 8bo~u bereia. (See T~ am~ Cor~it~o~ on t 2~o OFFICE COPY CITY OF MOUND MOUND, MINNESOTA ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS: 1986 DIESEL POWER SINGLE AXLE 31,000 GVW WITH PLOW, WING, DUMP BODY AND SANDER The City of Mound hereby solicits bids for the purchase of a 1986 Diesel Power Single Axle 31,000 GVW with Plow, Wing, Dump Body and Sander. A complete set of specifications is available from the City Clerk, City of Mound, 5341 Maywood Road, Mound, Minnesota, 55364 or 612/472-1251, ask for Joyce. Sealed bids will be opened and read aloud at 10:00 A.M., Monday, December 9, 1985, by the City Clerk, City of Mound in the Council Chambers at 5341 Maywood Road. Francene C. C]'ark City clerk Publish in The Laker November 18, 1985 Construction Bulletin November 22, 1985 league of minnesota cities 1 83 university avenue east, st. paul, mn 55101 i nfo p m ion CORRECTION 1985-1986 Calendar of Important Dates On page 8 of the calendar of important dates, please change the date for Martin Luther King's birthday from January 21 to Monday, January 20,~ 1986. As we indicated in a previous mailing, this day is a mandatory legal holiday, not an optional one. October 28, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Curt Pearson 11OO First Bank Place West Minneapolis, MN. 55402 RE: ENCLOSED INFORMATION ON MARTIN LUTHER KING'S BIRTHDAY Dear Curt, Enclosed in the information on the above from the'League. As we discussed, this holiday is not included in any of the Union Contracts or the Administrative Code. I am wondering if we could ask that the employees use their floating holiday for this day off, since nothing in the statute requires that any holiday be a paid holiday and at least this way they would be paid for it. Sincerely, Frah Clark Acting City Manager. fc enc~ An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status Jn the admission or access to, or treatment or employment in, its programs and actJvilies. December 5, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE: CITY COUNCIL ACTING CITY MANAGER LELS UNION CONTRACT This Contract is the exact same Contract that the Sergeants have had for the last two years, except that it incorporates the 6% increase in wages approved in the 1986 Budget for all employees. The Union'and the 2 employees have signed the Contract. All three Union Contracts will expire on December 31, 1986. fc in the admission o? access to. or treatment or employment in, ~ts programs and acti.,it~es. ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE.'XIX ARTICLE XX ARTICLE XXI ~ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE.XXV INDEX PURPOSE OF AGREEMENT RECOGNITION MANAGEMENT RIGHTS LEGAL SERVICE UNION SECURITY EMPLOYER SECURITY EQUAL APPLICATION PREVAILING RIGHTS SAVINGS GRIEVANCE PROCEDURE DISCIPLINE JOB SAFETY VOLUNTARY SHIFT SWITCHING SENIORITY CONSTITUTIONAL PROTECTION WORK SCHEDULE COURT TIME OVERTIME SICK LEAVE 'SEVERANCE PAY ANNUAL LEAVE HOLIDAYS COMPENSATION ALLOWANCES AND FRINGE BENEFITS DURATION 4 4 6 ? 7 8 8 12 14 14 15 16 16 16 17 18 19 20 20 21 21 2 This Agreement, dated , is mmde mhd entered into by and between the City of Mound, hereinafter referred to as the Employer and Local #35 of Law Enforcement Labor Service, Inc., hereinafter referred to as the Union. ARTICLE I. PUR?OSE OF AGREEMENT This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal under- standing to all terms and conditions of employment. RECOGNITION -. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179.71, Subdivision 3, for all employees of the Mound Police Department Supervisory bargaining unit as identified by the Bureau of Mediation Services, certification of Exclusive Representative dated March 5, 1979, case #79-PR-658-A. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified~job class the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE II. 2.1 2.2 4 5.4 5.5 5.6 5.7 with employees, individually or collectively concerning any terms ~or conditions of employment. · The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. The Employer agrees to ma.ke space available on the emp?oyer bulletin board for the posting of Union notice(s) and announce- ments and to make space available for Union meetings when it does not conflict with the operation of the department. The. Employer agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, with prior approval and without pay, for the purpose of conducting Union business when such time will not unduly interfere with the operations of the department. The Employer agrees to post all promotional opportunitie, s wi'thin the department; to publish the method by which. promotions shall be made within the department; and to make copies, of all work rul'es and regulations available to Employees. ARTICLE VI. EMPLOYER SECURITY. 6.1 Neither the Union, its officers or agents, n6r any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coer- termination by the Emplpyer. ARTICLE IX. SAYINGS 9.1 This Agreement is subject to the laws of the United States and the State of Minnesota. 9.2 In the'event that any provision of this Agreement shall b~ held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE X. 10.1 10.2 10.3 GRIEVANCE PROCEDURE ... For the purpose of this Agreement, the term "grievance" means any disputes.arising concerning the .interpretation or. application of the express provisions of this Agreement or any term or condition of Employment. In the event of such grievance arising there shall be no · suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. The Employer and the Union agree that the investigation and processing of grievances shall be accomplished during the normal work day without a reduction in wages or loss of leave time to the aggrieved or the union steward while consistent with Employee duties and responsibilities. 10.3 Step B within ten (10) calendar days following the Employer-designated representative's final answer in Step 2. A grievance' not appealed in writing to Step B by the Union within tne (10) calendar days shall be considered waived. · S_~ ~_~ A grievance unresolved in Step 2 and appealed to Step ~ by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rule Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. Arbitrator's Authority. A. The arbitator shall have no right to amend, modify, nulli- fy, ignore, add to, or~ subtract from the terms and condi~ tions of this Agreement. The arbitrator s'hall consider and decide only the specific issue(s) submitted ~in writing by' the Employer and the union, and shall have not authority to make a decision on any other issue not so submitted. B. -The arbitrator's decision shall be submitted in writing within thirty (BO) days following the close of the hearing or the submission of briefs by the parties,, whichever be later, unless the parties agree to an extension. C. The fees and expenses of the arbitrator's services and proceedings shall be borne equally by the Employer and th'e Union prov.ided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, 10 7/ appeal through Step 3. ARTICLE XI. DISCIPLINE 11 .1 The Employer will discipline for cause only. .be in one. or more of the following forms: a. Oral reprimand b. Written reprimand c. Suspension d. Demotion, or 11.2 11.3 11.4 Discipline will e. Discharge Notices of suspension, demOtions and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state th'~ classification to which the Employee is demoted, and will not cause the loss of departmental seniority. Written reprimands, notices of suspension, and notices of discharge which are to become p~rt of an Employee's personnel file shall be read and acknowledged by signature of the Employee. The Employee will receive a copy of such reprimands and/or notices. A. The Police Department will establish a file separate from the Employee's personnel file for all disciplinary action. B. All oral and written reprimands will be purged from th'e disciplinary file and have no effect one (1) year after the date on which the Employee last received some sort of disciplinary action. Investigations. 12.2 12.3 in necessary safety practices and the prevention of accidents, are a continuing and int'egral part of its everyday responsibilities. ~ As a part of those responsibilities, the Employer and the · Employees jointly agree to form a Safety Committee made up of the Police Chief, Sergeant of Investigations and Sergeant of Patrol. It shall be the responsibility of all Employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to insure safety. This Employee responsibility shall include the proper use:.of all safety devices in accordance with recognized safety procedures. ARTICLE XIII. .VOLUNTARY SHIFT SWIT.CHING 1B;1 Employees may voluntarily switch shifts with ~he prior approval of the Police Chief. Voluntary switching of shifts shall not. obligate the Employer for Overtime pay. ARTICLE XIV~ 14.1 14.2 .SENIORITY Definition Seniority shall mean an Employee's length of seryice in grade. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement or death. An Employee's continuou's service record shall be reduced by time on suspension. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by lot. Lay Offs ARTICLE XVI. 16.1 WORK SCHEDULE Normal work week shalY consist of 2,080 hours to be accounted for by each Employee through: Scheduled Hours of Work Holidays Roll Call and Staff Meetings Training Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. ARTICLE XVII. 17.1 COURT TIME ~ An Employee who is required to appear in Court during his scheduled off-duty time or who received notice of cancellation of such a court appearance less than 18 hours prior to.th'~ scheduled time for the court appearance, shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times' the Employee's regular base pay rate. An extension or early report to a regularly scheduled shift does not qualify the Employee for the two (2). hour minimum. ARTICLE XVIII. OVERTIME 18.1 Employees shall be compensated at one and one-half (1 1/2) ~imes the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes fn shifts do not qualify an Employee for overtime under this Article. Supervisors of patrol and investigations shall not be entitled to any overtime, or compensatory time, without the 16 Upon employment, each'Employee shall immediately accumulate ninety (90) days of additional sick leave to be used only for injuries or illnesses on the job. After a five ¢5) working day initial waiting period per injury, the Employe~will be paid the difference between the Employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to Employee's vacation o.r sick leave accumulated in Sections I and 2. Upon return to work from such injury on duty sick leave, the Employee shall immediately accumulate up to ninety (90) days of sick leave. Sick leave under this section sha,ll not apply to severance benefits. The Employer reserves the right to have the ,injured Employee examined by a doctor of its choice to determine the Employee'-s fitness for duty within his job classification and prior to returning to duty to determine ff that Employee is fit to perform all duties of his/her job' classification. ARTICLE XX. SEVERANCE PAY 20.1 'The following is the severance pay schedule which shall become effective for all Employees upon reaching tenure of three (3) years (36 months). After 3 years service After 5 years service After 10 years service After 15 years service After 20 years service After 25 years service 33 1/3% to a maximum of 12 days 35% to a maximum of 40% to a maximum of 45% to a maximum of 20 days 48 days 81 days 50% to a maximum of 120 days 55% to a maximum of 165 days 21.2 21.3 21.4 On an Employee's twen.ty-fifth (25) snniverssr of service, he/she shall be granted five (5) additional 'working days of vacation with pay for that year. This vacation must be taken when the Employee reaches an accumulation of annual leave equal to one and one-half (1 1/2) his annual rate of accrual. Paid vacations shall be earned during the first yemr of employment but cannot be taken without the approval of the City Manager. The monetary value of all accrued annual leave would be paid to the' b6neficiary of the Employee upon death of the Employee. ARTICLE XXII. HOLIDAYS 22.1 The ~mployer agrees to provide the following paid holidays: 1/2 days before New Year's. Day New Year's Day President's Day' Veteran's Day Thanksgiving. Day The Day After Thanksgiving '22.2 Memorial Day Independence Day Labor Day 1/2 day before Christmas Christmas Day One (1) Floating Holiday · 'Employees who work on any of the above listed holidays shall receive a cash payment of two (2) times his/her regular base pay rate, plus one (1) day off at the regular base pay rate. ARTICLE XXIII. COMPENSATION Employees shall be compensated in accordance with the salary schedule marked "Appendix A" attached hereto and made a part of this Agreement. For the purpose of this Agreement, the following terms and phrsses shall have the meaning given to them. EMPLOYER: City of Mound, Minnesota UNION: Local #B5 of Law Enforcement Labor Services, Inc. EMPLOYEE: A member of the exclusively recognized bargaining unit. OFFICER: Officer elected or appointed by the Union. MEMBER: A member of LELS Local #35 in the bargaining unit to which this contract applies. APPENDIX "B" A. The Employer agrees to pay 100% of thehospitalization/major medical insurance premiums for each full-time Employee and 85% of dependent coverage after thirty (30) days of continuous employment. B. The Employer agrees to pay the full premium payment for a five thousand dollar ($5,000.00) life insurance policy and a long-term disability insurance policy for each full-time Employee, after thirty (30) days of continuous employment. C. The Employer agrees to provide dental insurance coverage for each full-time Employee and pay up to twenty-six dollars ($26.00) per month for dependent coverage, after thirty (30) days of continuous employment. D. Upon retirement, after twenty (20) years of full-time service at age fifty-five (55), Employees who retire shall receive fifty percent (50%) of his/her hospitalization/major medical and dental insurance for retiree and spouse paid by the Employer. If the Employee elects to be employed by another employer, either public or private, he/she shall lose any and all rights to insurance benefits provided by the City of Mound if the other employer provides insurance benefits comparable to those provided by the City of Mound. D. Upon the Employee's sixty-second (62) birthday and twenty (20) years of full-time employment for the City of Mound, the Employer shall pay full premiums for hospitalization/major medical and dental insurance for retiree and spouse. 24 APPENDIX "B" A. The Employer agrees to pay 100% of thehospitalization/major medical insurance premiums for each full-time Employee and 85% of dependent coverage after thirty (30) days of continuous employment. B. The Employer agrees to pay the full premium payment for a five thousand dollar ($5,000.00) life insurance policy and a long-term disability insurance policy for each full-time Employee, after thirty (30) days of continuous employment. C. The Employer agrees to provide dental insurance coverage for each full-time Employee and pay up to twenty-two dollars ($22.00) per month for dependent coverage, after thirty (30) days of continuous employment. ~ D. Upon retirement, after twenty (20) years of full-time service at age fifty-five (55), Employees who retire shall receive fifty percent (50%) of his/her hospitalization/major medical and dental insurance for retiree and spouse paid by the Employer. If the Employee elects to be employed by another employer, either public or private, he/she shall lose any and all rights to insurance benefits provided by the City of Mound if the other employer provides insurance benefits comparable to those provided by the City of Mound· · D. Upon the Employee's sixty-second (62) b'irthday and twenty (20) years of full-time employment for the City of Mound, the Employer shall pay full premiums for hospitalization/major medical and dental insurance for retiree and spouse. 24 E. Retirement insurance benefits provided within Appendix "B" are established to aid the Employee during retirement. No Withstanding the above, the retiree may avail himself of the retirement insurance benefits in Appendix "B" a maximum of two (2) times during the retiree's lifetime. F. The-City of Mound reserves the right to coordinate insurance benefits available to the retiree in Appendix "B" with other retirement insurance benefits to which the retiree may be entitled. These benefits can be in the form of private insurance or government insurance programs. EYE EXAMINATIONS The Employer shall pay thirty-five dollars ($35.00) toward an eye examination for each full-time Employee or toward to purchase of eyeglasses as prescribed by the Employee's doctor. UNIFORM ALLOWANCE A. Each Employee shall be entitled to an annual uniform allowance as follows: January 2, 1986 - $445.00 The payment to be made in one lump sum. B. The Employer~ agrees to replace all clothing damaged in the line of duty at no cost to the Employee. 25 December 10, 1985 RESOLUTION NO. 85- RESOLUTION TO SET SALARIES FOR 1986 BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA does hereby approve the 1986 salaries, effective January 1, 1986 as follows: GENERAL FUND 1986 1985 City Manager City Clerk Finance Director Senior Accounting Clerk Account Clerk Special Assessment Clerk Receptionist Police Chief *Police Officer *Police Officer *Police Officer *Police Officer *Police Officer *Police Officer *Police Officer *Police Investigator' 38,600.00 40,404 24,486.00 23,100 27,547.00 28,447 19,011.00 17,935 18,452.00 17,408 18,452.00 17,408 11,024.00 F.T. 9,100 ?.T. 38,584.00 32,064.00 32,064.00 32,064.00 31 , 174.00 31 , 174.00 30,996.00 27,282.00 36,214.00 34,827.00 19,475.00 *Police Supervisor of Patrol Police Secretary Building Official 27,958.00 Adm. Assist. Building Official 21,723.00 27,706.00 26,042.00 26,042.00 26,042.00 26,042.00 18,772.00 26,042.00 27,706.00 *Street Superintendent *Maintenance Person *Maintenance Person *Maintenance Person *Maintenance Person Public Works Secretary *City Mechanic. *Park Director 36,400 30,252 30,252 '30,252 30,252 30,252 30,252 30,252 34,164 32,856 18,373 26,375 20,493 26,146 24,586 24,586 24,586 24,586 17,709 24,586 26,145 ENTERPRISE FUNDS *Water & Sewer Superintendent *Maintenance Person *Maintenance Person Utility Billing Clerk *Maintenance Person Liquor Store Manager 27,706.00 26,042.00 26,042.00 19,969.00 26,042.00 30,195.00 Liquor Store Assistant Manager 19,570.00 26,146 24,586 24,586 18,838 24,586 27,743 18,463 *Covered by Collective Bargaining Agreement December 10, 1985 The foregoing resolution was moved by Coun¢ilmember and seconded by CQuneilmember The following Coun¢ilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk CITY of MOUND December 3, 1985 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Curt Pearson 1100 First Bank Place West " Minneapolis, MN. 55402 RE: PROPOSAL TO'THE MOUND PARK COMMISSION REGARDING LESSONS AND RENTALS-OF SAILBOATS AND WINDSURFERS AT MOUND BAY PARK Dear Curt, Enclosed is a proposal to the Mound Park Commission from Steve Tessmer to operate a windsurfing and sailing school and rental area at Mound Bay Park. I have some real problems with this from a liability standpoint but even more important it could open a can of worms and bring more private individuals in to apply to do commercial (profit making) ventures in a public park. This proposal is due to go before the Park Commission on December 12, 1985.. I would like the Council to see this and have your opinion before that so I will put it on the December 10th Council Agenda. Sincerely, Fran .Clark Acting City Manager fc enc. in the admission or access to. or treatment or employment in. its pro,rams and actiwties. PROPOSAL FOR MOUND RECREATION COMMISSION Water Club West Sport and Marine Inc. in cooperation with Westonka Community Services proposes to operate a Windsurfing and Sailing School at Mound Bay Park. Based on past participation in this program and the continuing interest from students, Water Club West also applies for a permit to rent sailboats and windsurfers at this location. It is economically necessary to offer both lessons and rentals. Rentals will only be available to proficient sailors. Water Club West will be fully insured for it's activities. Certified instructors, life jackets, and a chase boat will provide additional safety precautions. Lessons and rentals will generally be scheduled in advance. Six windsurfers and fou~ sailboats will be used for ~entals and lessons. Even if all craft are in use at one time, the activities should not cause additional pressure on the park. If space is available, Water Club West requests permission to use a portion of the Mound~depot for office and/or storage. These activities will offer area residents and visitors additional opportunity to enjoy our park and Lake Minnetonka. Respectfully submitted, Steve Tessmer Water Club West 5319 Bartlett Mound, MN 55364 612-472-4988 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 December 5, 1985 MEMO TO: FROM: RE: ACTING CITY MANAGER AND CITY COUNCIL JOHN NORMAN WATER & SEWER PATES FOR 1986 WATER RATES: 1985 was an expensive year for the Water Fund. Operating expenses were up 16~ from 1984 (also $65,000. over budget). Greg Skinner says in an average year there are approximately 20-25 water breaks, this year we had 20 by the end of February. Overtime costs, street materials, repair and maintenance contract payments are over budget because of the number of watermain breaks this year. I have projected a 10~ increase in water rates in 1986 (The water rate was last raised in 1983). If 1986 is a normal year (average'number of breaks), a 10% increase would bring the Water Fund to a breakeven situation. SEWER RATES: The Sewer Fund is still losing money - the net loss for 1~85 is a projected $80,000. TEe expenses for 1985 cQme in under the budgeted amount of $600,000. Two-thirds of the Sewer Fund budget is paid to MWCC, and the one-third is the City's costs of operating the Sewer Fund. I have projected a 10~ increase in rates for 1986. Even with this increase the Sewer Fund is projected to have a $47,000 net loss in 1986. In conclusion, both the Water and Sewer Funds are running at a deficit. A 10% increase in rates..wi..]l bring us closer to a self-supporting status. We will monitor and report on the Water and'Sewer Funds activity period- ical'ly during 1986. If you have any questions or would like any additional information, let me know. in the admission Or access to, or treatment or employment in, its proDrams and activities. WATER FUND OPERATING REVENUES Charges for Services OPERATING EXPENSES 1985 1985 1986 Budgeted Estimated Projection 250,000 250,000 275,000 Salary and other Comp. 110,899 116,000 Supplies & Repair (Street Maint) 26,876 51,000 Professional Services 3,218 15,000 Insurance 6,916 14,O00 Utilities 33,200 24,500 Repair & Maint. Contracts 30,000 39,000 Other Contractual Services 4,000 20,000 Depreciation 35,930 39,000 Miscellaneous 11,478 12,O00 TOTAL OPERATING EXPENSES Operating Loss 119,869 27,438 3,183 13,953 28,900 25,000 6,000 41,531 13,590 262,517 330,500 (12,517) (80,500) 279,464 (4,464) NON-OPERATING REVENUES Interest Interest NON-OPERATING NET LOSS (EXPENSES) Revenue & Other Expense REVENUE (EXPENSE) 38,000 40,000 (44,270) (52,000) 40,000 (35,558) (6,270) (12,000) 4,442 (18,787) (92,500) ( 22) WATER RATES Base charge Per 1,000 gallon 3.00 .80 3.30 .88 SEWER FUND OPERATING REVENUES Charges for Services 1985 Budgeted 488,328 1985 Estimated 480,000 1986 Projection 528,000 OPERATING EXPENSES Salary & Other Comp Supplies & Repair Maint. Professional Services Insurance Utilities Repair & MaintenanCe Contract MWCC Depreciation Miscellaneous TOTAL OPERATING EXPENSES Operating Loss Operating Loss NON-OPERATI~ REVENUE Interest & Credit NET LOSS 67, 8, 2, 7, 26, 9, 408, 51, 17, 951 043 750 629 800 OO0 415 435 8O8 70, 8, 19, 7, 408, 53, 10, OOO 200 000 7OO 0OO 5OO 4OO 0OO 000 72,432 7,048 2,683 9,067 26,800 9,000 421,019 55,735 16,300 599,831 (111,5o3) 586,800 (106,800) 620,084 (92,084) 40,000 (71,503) 45,000 (61,800) 45,000 (47,084) SEWER RATES First 10,OOO Over 10,OOO 23.10 1.52 25.41 1.67 II II II I! II ~ue4o ~.~ue4o ou ou '4:~/0~' e§.le4o e:~e! O0'E ,, ,, 4~/5~' ,, 4~/55' ~6ue4~ ~6ue4o ou ou '4~/09' ...... 00'9 000'05 JeA0 000'0~ ~XeN O00'~E ~X~N SUOlle§ 0009 S3£¥B B3£Vh %Or %5L auou ~5'[ BE'[ e6ueqo O['EZ O0'LZ ou %5E euou 0~'[ e§ueqo OG' 00'Bt ou 08'Et 586L ~BGt EsGt ZBGL [BGt OBGt eseeJouI 000'0[ 000~0[ ~sJ!J --S31VB W3M3S 086[ 33NIS S3$V3B3NI 31VB B31VM ONV B3M3S 4 ~o~o H~rbor L~ne North, Suite 104 Minneapolis, Minnesota 55441 61~55~1950 TO: City Council and Staff ,/ FROM: Mark Koegler, City.Planner DATE:~ November 27, 1985 SUBJ: Satellite Dish Antennas The purpose of this memorandum is to update the City Council on the status of the ordinance regulating satellite dish antennas. Attachments to this memo include: 1. Memorandum- January 22, 1985 2. Planning Report - March 4, 1985 3. Memorandum - July 31, 1985 4. Planning Commission Minutes - August 12, 1985 The memorandum of January 22, 1985, contained the original draft of a satellite dish antenna ordinance. This ordinance amendment was denied by the City Council on a 2 to 2 vote. Following that action, the Planning Commission, at the direction of the Council, discussed further modification of the ordinance and directed staff to prepare the ordinance that is found in the .March 4, 1985, Planning Report. At the July 8, 1985, Planning Commission meeting, staff was asked'tO prepare additional material for the Commission's review. That material is found in the memorandum dated July 31, 1985. Prior to the establishment of a public hearing on the revised satellite dish antenna ordinance, staff feels that the City Council may want to discuss three specific provisions: materials, grandfatherlng and placement locations. 'l~le Planning Co~mission, at its meeting on August 12, 1985, recommended that only open mesh~type dish antennas should be permitted. They specifically recommended excluding the solid fiberglass antennas for aesthetic reasons. In response to existing antennas, the Commission recommends that all existing antennas be grandfathered providing that they meet the placement criteria (location, setbacks, height, etc.) identified in the new ordinance. The staff memorandum also addressed the permitted location of antennas. The intent of the ordinance is to prohibit satellite dish antennas in front and side yards. Front and side yards are intended to mean the entire front and side portions of a lot. Therefore, antennas could be placed only at the rear of a structure subject to app.licable setbacks. Placement in any other area would require a variance. If the City Council wishes to pursue a dish antenna ordinance, the issues of materials, grandfathering and placement need to be addressed. The Council could either discuss these items and modify the ordinance as appropriate prior to the public hearing or leave the ordinance in its present form and, after hearing p~blic comment, make appropriate modifications. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 TO: Jan Bertrand F~GM: Mark Koegler DATE: January 22, 1985 j SUBJ: Satellite Dish Antennas . Enclosed, please find a copy of a proposed ordinance amendment pertaining tO satellite dish antennas. This material defines satellite dish antehna-~ and. establishes a performance standard section. Use of dish antennas is permitted as an accessory use within R-l, R-2, R-3 and R-4 districts, subject to the residential performance standards. Within the B-l, B-2, B-3 andI I-1 districts, dish antennas are allowed by.conditional use permit, subject to the cc~mercial and industrial performance standards. Antenna/Satellite Dish - A Parabolic dish antenna greater than one meter diameter whose purpose is to receive communication or other signals frc~ orbiting satellites and other extraterrestrial source~. Such devices typically include a low noise amplifier (LNA) which is situated at the focal point of the receivin~ ccmponent and whose purpose is to magnify and transfer signals. Add language below: (P~ 31) 23.604.4 satellite dish antenna - subject to appliCable restrictions in Section 23.732 (P~3 41) 23.625.3 satellite dish antenna (p~' 42) 23.630.3 " " " (p~ 44) 23.635.3 " (p~ 45) 23.640.3 " " " SATELLITE DISH ANTENNAS 23.732.1 Satellite Dish Antennas in Residential Districts Dish antennas shall be prohibited within any front and side yard area or rooftop. Dish antennas may be permitted in rear yards if they are effectively screened 'frcm public view by fencing or vegetation. Installation 6f a satellite dish shall require a building permit. Size of the dish antenna shall be no greater than three (3) meters and limited to one satellite dish per zoni~ lot. All setback requirements shall ccmply to the established setbacks in: each respective zone. Maximum height of ground mounted dish antennas shall be 10 feet frc~ top of antenna to ground. All ground mounted antennas s'hall be constructed so as to withstand a wind load of 80 miles per hour. Dependinc3 on site conditions, the dish antenna must be mounted in a concrete slab at least 2-1/2 feet deep or mounted in a concrete pier footir~ that is at least 8 inches below the frost line. 23.73-2.2 A satellite dish antenna shall be constructed of galvanized steel or al%~ninum, have a perforated (meshlike) or opaque surface and of a color that is compatible to the surroundings. High glare, metallic finishes or bright-colors are not permitted. Satellite Dish Antennas in Ccn~nercial and industrial Districts All the performance standards listed in 23.732.1 shall apply to satellite dish antennas in commercial and industrial districts. Additional performance standards listed below shall apply: Dish antennas may be permitted within side and rear yards if they are effectively screened frcm public view by fencing or vegetation. be Dish antennas shall be prohibited from rooftops unless it is determined by the City Council that placement within side or rear yards is impractical. If a roof mounted dish antenna is permitted, the dish must be fully screened from public view with building materials similar in appearance to the principal building and in proportion to the height and size of the building. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 5544t 612/553-1950- TO-. City CoUncil and Staff FRCt4: Mark goegler, City Planner DATE: March 4, 1985 SUB31ULT.- Zoning Ordinance Amendment - Satellite Dish Antennas The. Planning Commission has prepared an amendment to the zoning .brdinance regulating satellite dish antennas. The amendment of the ordinanc~ involves the following: : 1'. w. sfzhlish Definitic~ 4A (Section 23.302) as follows= ~ (4A) Antenna, Satellite Dish - A parabolic dish antenna greater than three (3)' feet irt diameter whose .ou .rpose is to ceceivei ccamtunication or other signals from orbiting satellites and other extraterrestrial sources. Such devices typically include a low noise amplifier (LNA) which is situated at the Focal coint 06 the receiving cc~nponent and whose purpose is to ma.~lify and' transfer signals. In Secticxt 6, DI~LICT PROVISI~, add the following: 23.604,.¢ Permitted Accessory Uses (R-l) Satellite dish antennas - Subject to applicable restrictions in Sec~ ion 23.732. 23.625.3 Conditional Uses (B-l) Satellite dish antennas - Subject to applicable restrictions in Section 23.732. 23.630.3 Conditional Uses (~-2) Satellite dish antennas - Subject to aoplicabte restrictions in Section 23.732. City Council and Staff Page Tw~ .~arch 4, 1985 . 23.26_15.3 _Conditio~nai Uses (B-3) . Satellite dish antennas - Subject to applicable restrictions in Section 23.732. 23.640.3. Conditional Uses (I-1) Satellite dish a~tennas - Subject to applicable restrictions in Section 23.732. 3. In Section 7, PEPiK)~/4ANC~ S~ANDARD~, add the following: 23.732 SATELL'ITE DISH ANTENNAS 23.73Z.! Satellite Dish Antennas in Residential Districts a. Dish antennas shall be prohibited within any front and sida .yard area or rooftop. Dish antennas are permitted in rear yards if they are effectively screened from pubIic view by fencing or vegetation. b. Installation of a satellite dish shall require a building' permit. - . c. Size of the dish antenna shall be no greater than ten (10)' feet and limited to one satellite dish per zoning lot. Ail setback requirement~ shall ccmpIy with the established setbacks in each respective zone. Maximum height of ground mounted dish antennas shall be twelve (12) feet from top of antenna to ground, All ground mounted antennas shall be constructed so as to withstand a wind load of 80 miles per hour. Depending on site conditions, the dish antenna must be mounted accordance with the slab on grade and. provisions of thc State Building Code or ~ounted in a concrete pier footing that is at least 8 inches below the frost line. ~ satellite dish antenna shall be constructed of galvanized steel or aluminum, have a perforated (meshlike) or opague surface and of a colo~- that is compatible to the surroundings. High Glare, metallic finishes or bright colors are not .permitted. 301 · City Council and Staff Page Three March 4, 1985 · 3.%32.2 Satellite Dish Antennas in Commercial and Industrial Districts All the performance standards listed in 23.732.1 shall apply ~o satellite dish antennas in commercial and industrial districts unless modified or supplemented as follows t Dish antennas may be permitted within, side and rea~-yards if they are effectively screened from public view by fencing or vegetation. Dish antennas shall be p~hibited from rooftops unles~ it is determined by the City Council that placement within side or rea~ yard~ is impractical. If a roof mounted dish ante~una is pet-mitted~ the dish must be fully screened public view-with building, ma~erials similar ir~ appearanc~ to th~ principal building a~d ~r~ pro.portion to the height anc~ size of .the building. Anchoring must'be approved by the.building, official. Size of dish antenna shall be no greater than twelve (12~ feet and limited to one satellite dish per zoning lot. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 MEMORANDUM TO: Planning Commission and Staff From: Mark Koegler, City Planner ~ DATE: July 31, 1985 SUB3: Satellite Dish Antennas At the July 8, 1985, Planning Commission meeting, staff was directed to prepare additional information in two areas: dish material~ and grandfather · clauses. The followin~ addresses these concerns: - Satellite Dish Material - I spoke with several suppliers of satellite dish antennas. In General, solid dishes are the most popular because they require a size of 10-feet ir[ diameter o~- less.. Of the solid dishes, the best ones are made of 100 percent aluminum although the steel mesh type covered with fiberglass are most common due to lower co~t. There is no substantial difference in cost between steel mesh (open) dishes and fiberglass (solid) dishes. Mesh dishes are required to be larger (about 12-feet) because the openings decrease the amount of signal captured which decreases picture ~uality. Technology is continuing to make dishes smaller and one supplier stated that 8 1/2 foot diameter solid dish antennas will be on the market in the very near future. Although dishes may be ordered in a wide variety of colors, most dishes are either white or black. Many people prefer black in wooded areas because they feel that they blend in with the dark tree trunks. Black antennas, however, have to be larger than light colored ones because the carbon in the black paint absorbs a portion of the signal requiring a larger surface area. One supplier also mentioned that Kansas City, Missouri, has adopted a satellite dish antenna ordinance that requires the owner to construct a fiberglass building around the dish antenna, 03 Grandfather Clause -There are a variety of ways of handling the grandfathering of existing dish antennas. The "by the book" approach would grand fa ther~ existing antennas providing that. they were installed acco~Fding to the city codes in affect prior to adoption of the satellite-'dish"ordinance. Since the city code presently prohibits all dish antennas, none would be eligible for 'grandfathering. A second approach is to consider all existing antennas as Grandfathered providing they meet the placement criteria identified in the new ordinance. This approach would probably result in the grandfathering of a few of the. existing antennas, however, a significant number would probably not meet the set-backs, type of installation, screening etc. and would not be eligible for grandfathering status. A third and much more lenient approach would be to grandfathe~ in ali existing; antennas providing that they do not pose a threat to public health and safety' nor do they conflict with the reasonable usage of'any adjacent property. Findings regarding public health/safety and reasonable usage would have to b~ made by the City Council o~ a case by case basis. Upon further direction from~ the Planning Commission, staff can prepare language for the ordinance which will establish one of these approaches for the grandfathering of existing dish antennas. Antenna location - At the las.t meeting, there was discussion regarding Section 23.732.1(a) which states that "dish antennas shall.be prohibited within any front and side yard area or rooftop., There seems to be some' confusion pertaining to this statement. The intent of this pr~vision is t~' prohibit antennas in front and side yards. This section requires that antennas be~ placed in the rear yard} which under the definition in the Zoning Ordinance, would include the lake front area in most situations. If someone did not desire to place an antenna between their house and lakeshore, a variance would- be required to place it in a side yard location. Recommendation - Staff recommends that the Planning Commission clarify their intent regarding each of the three items noted in this memorandum. Upon clarification, it is recommended that the ordinance draft be submitted to the City Council for further action. Planning Commission Hinutes August 12, 1985 - Page that is not their intention. They will'leave building essentially the way it is; will make window improvements and they will be improving Lunalite office area.which wilJ be part of the truck dock turned into office space. · The Planner reviewed the conditions outlined in the resolution. He also asked that Item J be added which would read, "prohibit exterior parking o'f vehicles exceeding 24 hours duration except in designated areas". He stated that parking was going to be extremel.y tight; nothing on the south side of Shoreline BoUle- vard is part of their' application. " The Commission discussed at length parking', what constitutes storage of indus- trial materials, etc. It was agreed that Mark 'cOuld put something together for Item J such as "No outside parking and storage except by operations Permit process for period exceeding 24 hours duration". Weiland moved and Ken Smi'th seconded a motion to recommend approval of Resolu- ti'on Granting Conditional Use Permit to Balboa Minnesota Company for the Establishment of a Planned Industrial Area. The vote was unanimously in favor. Motion carried. Operations Permit for Lunalite, Inc. The Planner advised that this permit 'does not requi~'e comment by the Commission; it is in the packet for informational purposes. He also stated the form of this may change; by the time the next.one comes in, City may have an established application form. The permit was discussed briefly. Sate] )ite .Disl~ Antennas The Planner stated the Commission had asked him to research this subject. Basically there is not a significant difference .in the cost of sate)lite dish antennas; they can be gotten in any co)or; the mesh need to be slight]y larger for reception purposes. The Commission discussed types, color and the grandfathered issue. It was agreed we should require a mesh type in a dark color (gray or black). The second approach to grandfathering was the Commission's choice. The Commission looked over the informational items briefly and signed the letter to be sent to former Commissioner Vargo. Adj ou rnmen t Reese moved and Meyer seconded a motion to adjourn the meeting at 10:30 P.M. vote was all in favor. Meeting was adjourned. The Attest: Elizabeth Jensen, Chair Planning Commission Minutes October 14, 1985 - Page'3 DISCUSSION ITEM - Memorandum'on Conditional Use Permits City Pl'anner Mark Koegler explaJned the need for updating Conditional Use Permits for various facilities within the City of Mound; i.e. Blue Lagoon Marina, Century Auto Body,'etc. The City has no basis.to document property use changes when they come about and when intensifications occur. He is asking direction from the Com- mission'on whether the~ should be done uniformly'for all applicable facilities within the Community or whether we should.continue.to.update themon a case to. case basis when the City recei.ves an application for modification of the use of a property. And, if review is done uniformly to all applicable facilities, who pays the costs? The Commission discussed the pros and cons'of the'subject at great'length; that it is not going to'be simple and the biggest problem is.proving when something occurred. Mark stated there could be trade-offs. Reese moved and Ken Smith seconded a motion that the P.lanning Commission be on record as in favor of having the'staff examine those nonconforming uses with a goal of'converting uses; .intent is not to create a-bunch of new uses. The vote on,the motion was unanimously in favor. November Meeting - The Planning Commi'ssion will hold one meeting in November on the 18th. Commissioner W~iland asked to be excused, for .the next two meetings and Commissioner Ken Smith for the October 28th meeting' ADJOURNMENT Weiland moved and Reese seconded a motion to.adjourn the meeting. favor, so meeting was adjourned at 8:30 P.M. All wer in .... '~ E1 i'zabeth 'JensOn~ Attest: Steve Smith Mound, Minnesota December 3, 1985 · ..s. Fran Clark Acting City Manager 5341 Maywood Road 5!ound, Minnesota Dear Fran: Attached hereto is a proposal I would like included in the packet for the Council agenda on the 10th. Thanks, Steve The Budget The following is a proposal for. re-defining and changing the MOund City Council BudgetSng Process. The council must set the goals and budget guidelines each city department shall meet; allocate funds to the departments for achieving, the goals; monitor the progress in achieving those goals; evaluate the program and add to, amend, or delete on the basis of effectiveness of the program and availability of funds. City spending at a higher rate than inflation, with no increases in services, or even a reduction in services, as occurred in the 1985 city budget is not acceptable. I define our goal for the Mound City Council as one to maintain and increase the delivery of services to the citizens of Mound at a stabilized or even reduced rate of spending. The Proposal Attached hereto is a photocopy of the statutory requirements of the city's budget process. Above all else, the city must require a submission to the council of the final estimates for public review and adoption on time pursuant to Minn. Stat. §412.701. 2. During January through March the Council shall conduct sufficient annual working sessions to identify and review all of the services the city provided the previous year, and the cost of each service in dollars and man-hours. .This will require written and verbal presentations by the Department Heads. 3. During April through June, the Council shall, by public hearing, gain input from the citizens as to the expected level of city services to be provided in the next calendar year. The Council shall establish goals and objectives for each department and also budget guidelines, and shall submit policy dire.ctions to the Department Heads so they may begin to develop their budget requests.. 4. Beginning in July, the Department Heads shall submit their preliminary budget requests to the City Manager as well as to the Council. The Council shall observe completely the give and take of information between the Department Heads and the City Manager in preparing the estimates for the budget and shall review the City Manager's performance as to whether he is acheiving the results expec%ed of him, i.e. fulfilling the Council's policies in developing the budget. 5. Promptly at the first regular monthly meeting in September, the final budget requests shall be presented to the Council and the public, at which meeting shall begin the first round of public ' hearings on the budget. 6. Upon completion of the budget, and no later than the first day of October, and during the month of October, the Department Heads shall review the final allocation of funds made by the Council and shall submit a written list of milestones that must be reached during the coming fiscal year .on a monthly and quarterly basis and the resources and/or dollars the Department Heads will spend to accomplish said goals. This part of the process will allow the Department Heads to help provide the criteria by which the Council will, throughout, the coming year measure whether they are meeting their objectives in terms of time, cost and quality of service. 7. The review process: to ignore the budget after making the tax levy is to miss an important advantage of budgeting, i.e. 'to enable the Council to track and control city operations. a. The city manager shall receive from the Department Heads, and report to the Council, monthly budget reports which include the budget amount for each department, the amount the department has already spent, and the amount remaining. The monthly report shall also include an account of accomplishments as well as financial information so the Council can ensure it is successfully reaching its goals. b. The Council shall require from the city manager and Department Heads, written and verbal quarterly reports in April, July, and October, to indicate how closely budget estimates match current expenditures and also a status report on all programs. This shall enable the council to have a periodic review so as to allow for on-going modifications to ensure meeting of the budget ~nd reaching objectives set by the Council. c. In January there shall be a year end report, written and verbal, from the City Manager and the Department Heads which shall provide a recap of the financial picture of the city, i.e. how closely budget estimates matched expenditures for the year completed. Further, there shall be a recap of reasons for failure, if any, in fulfilling any goals so that the Council may take steps to ensure that the same problems will not arise again. 8°% The budget document shall be changed so as to list the goals the Department Heads shall meet - the services the city shall provide, and the cost therefore. The present line item budget approach shall be kept; but it does not help the Council evaluate individual programs effectively. Therefore, the goals and priorities shall be emphasized. The entire cost of a service, even if it crosses departmental lines, shall be stated. The service shall be identified in terms of the cost of each in dollars and man-hours. There shall be listed a spending history in terms of dollars and percentages of increased spending. Since this budget document will be new, the first one will have a spending history covering the last five years and beginning with the next budget document the spending history for the past two fiscal years as required by statute. RATIONALE This budget approach for the Council will be more time consuming than it is used to. However, it will increase the Council's knowledge of city operations; further, it will provide the budgetary tool by which this Council can set and accomplish goals and achieve fiscal stability; eliminate waste and inefficiency; allow the Council to make policy with a more realistic knowledge of our choices and expectations of the results. ,3311 § 412.691 STATUTORY CITIES approved by the council as provided in section 412.271. All other purchases shall be made and all other contracts let by council after the recommendation of the manager has first been obtained. All cOntracts, bonds and instruments of every kind to which the city is a party shall be signed by the mayor and the manager on behalf of the city and shall be executed in the name of the ci.ty. Amended by Laws 1959, c. 526, '§ 1; Laws 1973, c. 123, art. 2, § 1. 1973 Amendment. Laws 1973, c. 123, art. 2, as purchasing agent empowered to make neces- § 1, subd. 2, was a general authorization for the deletion of the term "village" and the substitu- tion, where appropria,t,e, of the term "city" or the term "statutoo' city.' Notes of Derisions !. Construction and application Village administrator in village operating un- · der standard plan of government' could not, act sary purchases and supplies for all departments of the village within a limited amount, in view of the fact that the authority did not fix any stun. dards or give directions pursuant to which the administrator should act. Op. Atty. Gen., 471f, Oct. 24, 1961. 412.701. Budgeting The manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the city, except the funds made-up of proceeds of bond issues, utility funds, and special assessment funds, and may include any of such funds at the discretion of the council. The estimates of expenditures for each fund budgeted shall be arranged for each department or division of the city under the following heads: - (1) ordinary, expenses (for operation, maintenance, and repairs); (2) payment of princi- pal and interest on bonds and other fixed charges; (3) capital outlays (for new construc- tion, new equipment, and all improvements of a lasting character). Ordinary expenses shall be sub-divided into: (a) salaries and wages, with a list of ail salaried offices and positions, including the salary allowance and the number of persons holding each: other expenses, with sufficient detail to be readily understood. All increases and decreases shall be clearly shown. In parallel columns shall be added the amounts granted and the amounts expended under similar heads for the past two completed fiscal years and the current fiscal year, actual to date and estimated for the balance of the year. In addition to the estimates of expenditures, the budget shall include for each budgeted fund a statement of the revenues which have accrued for the past two completed fiscal years with the amount collected and the uncollected balances together with the same informa- tion, based in so far as necessary on estimates, for the current fiscal year, and an estimate of the revenues for the ensuing fiscal year. The statement of revenues for each year shall specify the following items: sums derived from {a) taxation, (b) fees, (c) fines, (d) interest, (e) miscellaneous, not included in the foregoing, (f) sales and rentals, earnings of public utilities and other public service enterprises, {h) special assessments, and (i) sales of bonds and other obligations. Such estimates shall be printed or typewrit- ten and there shall be sufficient copies for each member of the council, for the manager, for the clerk, and three, at least, to be posted in public places in the city. The estimates shall be submitted to the council at its first regular monthly meeting in September anti shall be made public. The manager may submit with the estim'~tes such explanatory statement or statements as he may.deem necessary, and during the first three years of operation under Optional Plan B~ he shall be authorized to interpret the requirements of this section as requiring only such comparisons of the city's finances with those of the previous government of the city as may be feasible and pertinent. Amended by Laws 1973, c. 123, art. 2, § 1. 1973 Amendment. Laws 1973, c. 123, art. 2, deletion of the term "village" and the substitu- § 1, subd. 2, was a general authorization for the 86 STATUTORY CITIES lion, where appropriate, of the term "city" or the term "statutory city." §412.731 412.711. Consideration of budget; tax levy The budget shall be the principa, l item of business at the first regular monthly meeting of the council in September and the council shall hold adjourned meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The budget estimates shall be read in full and the manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall s~t forth in detail the complete financial plan of the city for the ensuing fiscal year for the funds budgeted and shall be signed by the majority of the council when adopted. It shall indicate the sums to be raist.,d and from what sources and the sums to be-spent and for' what purposes according to the plan indicated in section 412.701. The total sum ~ppropriated shall be less than the total estimated revenue by a safe margin. The council shall adopt the budget not later than the first day of October by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the county auditor in accordance with law not later than October 10. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated for the several purposes named in the budget resolution and no other. Amended by Laws 1973, c. 123, art. 2, § 1. 1973 AmendmenL Laws 1973, c. 1'2~, art. 2, 6on, where appropriate, of the term "city" or the ~i 1. subd. 2. was a general authorization for the, term "statutt~ry city." drlction of thc tcrm "village" and the substitu- 41..7.1. Budget provisions, enforcement: budget allowance, penalty for exceeding It shall be the duty of the manager to enforce striotly tile provisions of the budget. He shall not approve any order upon the treasurer for any expenditure unless an appropria- lion has been made in the budget resolution, nor for any expenditure covered by the budget resolution unk*ss there is a sufficient unexpended balance left after deducting the total past expenditures sad the sum of all outstamting orders and incumbrances. No officer or employee of the city shall place any ort¥ or make any purchase except for a purpose and to tile a,nount au.thorized in the budget resolu6on. Any obligation incurred by any person in the employ-of the city for any purpose not authorized in the budget resolution or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring the expemlitm'e. Amended by Laws 1973. e. 123, art. 2, ~ 1. 1973 Amendment. Laws 1973, c. 123. art. 2, tion, where appropriate, of the term "city" or the ~ 1. subd. '2, was a general authorization for the term "statutory city." rich. lion of the term "village" and the substitu- 412.731. Modification of I~udget After the budget resolution has been adopted the council shall have no power to ire'cease the amounts fixed in the budget resolution, by the insertion of new items or other~'ise, beyond the estimated revenues unless the actual receipts exceed the estimates and then not beyond the actual receipts. The council may at any time by resolution approved by a [our fifths vote of all the member~ of the council reduce the sums appropriated for any purpose by the budget resolution or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other puc- Amended by Laws 1971. c. 337, § 13. ~,~ ~ s ^ -~ 87 Ig~S PP STATUTORY CITIES 412.671 412.651 _STATUTORY CITY MANAGER~ POWERS AND DUTIES. Subdivision l. Generally. The city manager shall have the powers and duties set forth in the fol]qwing subdivisions. Subd. 2. Enfo/'cement. He shall see that statutes relating to the city and the laws, ordinances and resolutions of the city are enforced. Subcl. 3. Appointment of personnel upon council approval. H'e shall appoint upon the basis of merit and fitness and subject to any applicable civil service provisions and, except as herein provided, remove the clerk, all heads of depart- ments, and all subordinate officers and employees; but the appointment and removal of the attorney shall be subject to the approval of the council. Sub& 4. Control. He shall exercise control over all departments and divi- sions of the administration created under Optional Plan B or which may be created by the council. Subd. 5. Attendance at council meetings. He shall attend all meetings of the council with the right to take part in the discussions but not to vote;, but the council may in its discretion exclude h/m from any meetings at which his removal is considered. Subd. 6. Recommend ordinances and resolutions. He shall recommend to the council for adoption such measures as he may deem necessary for the welfare of the people and the efficient administration of the affairs of the city. .. Subd. 7. Advise; annual budget. He shall keep the council fully advised as to the ~ondifion and needs of the city and he shall prepare and submit to the council the annual budget. Subd. g. Code of administrative procedure.. He shall, when directed to do so by the council, prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time he shall suggest amendments to such code. Subd. 9. Additional duties. He shall perform such other duties as may be prescribed by the statutes relating to Optional Plan B cities or required of him by ordinance or resolutions adopted by the council-~ History: 1949 c 119 s 81; 1973 c 123 art 2 s I subd 2 412.661 LIMITATION OF POWERS OF MEMBERS OF COUNCIL. Neither the council nor any of its members shall dictate the appointment of any person to office or employment by the manager, or in any manner interfere with the manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service; but this shall not be construed to prohibit the council from passing ordinances for establishing a merit system governing city employment. Except for the purpose of inquiry, the council and its members shall deal with and control the administrative service solely through the manager, and neither the council nor any of its members shall give orders to any subordinate of the manager, either publicly or privately. History: 1949 c 119 s 82; 1973 c 123 art 2 s I subd 2 412.671 CREATION OF DEPARTMENTS; DIVISIONS AND BUREAUS. The council may create such departments, divisions, and bureaus for the administration of the affairs of the city as may seem necessary, and from time to time may alter their powers and organization. It may, in-conjunction with the 412.611 COUNCIL-MANAGER PLAN. The form of ~overnment provided in Optional Plan .B, s.hail be known as council-manager plan.' The council shall exercise the legislative power of the chy and determine all matters of policy. ~h_e_.eity mana~eE, sh, alLb_e_tM hcpd Of ~h..~ administrative bi'anch of the government and shall be responsible to the coune~ tot:;',i ~he proper administration Of Ell ~ffai~ rei~ting to the city. ,. History: 1949 c 119 $ 77' 1975 c 125 ~ 2 $ I subd 2 : ~ .-;.~:. ~ 412.621 BOARDS AND COMMISSIONS. ..... ~.:,;~..~.~" ' Subdivision 1. limitation as to creation of boards; powers of council. such city there shall lac no board of health, library board, park board, public utili~ ~i commission, or any other administrative board or commission, except for~tl~ administration of a function jointly with another political subdivision. The couheili~ shall itself be and perform the duties and exerc:se the powers of the board of heahll and shall govern and administer the library, parks, and utilities as fully as otl~ municipal functions for the administration of which no independent boards are authorized by statute for cities generally. The council may, however, create ar~.; or commissions to advise the council with respect to any municipal function. ~rQ.. activity or to investigate any subject of interest to the city. . Subd. 2. City manager to succeed boards; civil service commission Any such boards and commissions in existence in any city when Optional Plan B is !~ adopted shall continue to operate in all respects as formerly until the qualificafioa the first city manager, at which time they shall cease' to exist and their powers shall ~.~ be vested in the city council. Any existing civil servic~ commission shall not affected by the change. After abandonment of the plan in any such city and tM establishment of the standard plan or Optional Plan A, any board or commisslofi:il authorized by statute in cities generally may be established in the same manner as i~ other cities. History: 1949 c 119 s 78; 1973 c 123 art 2 s 1 subd 2 · · 412.631 COMPOSITION OF COUNCIL. In any city operating under Optional Plan B, the council shall, except as provided in sections 412.023, subdivision 4, and 412.571, be composed of a mayor and four councilmen. History: 1949 'c 119 s 79; 19~7 ¢ 289 $ 14; 1974 c 3.;7 $ 12 412.641 MANAGER. Subdivision I. The city manager shall be chosen by the council solely on the basis of his training, experience, and administrative qualifications and need not lx ~ resident of the city at the time of his appointment. The manager shall be appointed for an indefinite period and he may be removed by the council at any time, but aft:t he has served as manager for one year he may demand written charges and a public hearing on the charges before the council prior to the date when his final removal takes effect. Pending such hearing and removal the council may suspend him fro~ office. The council may designate some properly qualified person to perform the duties of the manager during his absence or disability. Subd. 2. As soon as practicable after the adoption of Optional Plan B in any city, the council shall appoint the first manager under subdivision 1. History: I949 c I19 s 80; I973 c 123 art 2 s I subd 2 8057 STATUTORY ~ 412.721 necessary on estimates, for the current fiscal year, and an estimate of the revenues , · for the ensuing fiscal year. The statement of revenues for each year shall specify the following items: sums derived from (a) taxation, (b) fees, (c) fines, (d) interest, (e) miscellaneous, not included in the foregoing, (f) sales and rentals, (g) earnings of '-.i public utilities and other public service enterprises, (h) special assessments, and (i) sales of bonds and other obligations. Such estimates shall be printed or typewritten and there shall be sufficient copies for each member of the council, for the manager, for the clerk, and three, at least, to be posted in public places in the city. The :~,~,! estimates shall be submitted to the council at its first regular monthly meeting in · :i-::~ ~ September and shall be made public. The manager may submit with the estimates -:? such explanatory statement or statements as he may deem necessary, and during the ,~iii~i~i;'i .f?t three years of operation under Optional Plan B he .shall be authorized to ,:'!i!i' Interpret the requirements of this section as requiring only such comparisons of the ::i~.~i';.:. city's finances with those of the previous government of the city as may be feasible .-~!'~:i ~nd pertinent. History: 1949 c 119 s 86; 1973 c 123 act 2 s I subd 2 -'!i~.I!: 412.711 CONSIDERATION OF BUDGET; TAX LEVY. ~.~ The budget 'shall be the principal item of business at the first regular monthly · ..:;~ i: meeting of the council in September and the council shall hold adjourned meetings '-'* from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. .; ..'. _The budget estimates shall be. read in full and the manager.shall exolain the various .,:.~.,, i_te_m~ thereof, as_ fully as may be deemed necessar~ by the council. The annual- :':.-,,,. · budget finally agreed Upon shall set forth in' }:letail the complete financial plan of the ;:;".:~,' city for the ensuing f~al year for the funds budgeted and shall be signed by the ,-... majority of the council when adopted. It shall indicate the sums to be raised and ~ ,,- ',-. fwm what sources and the sums to be spent and for what purposes according to the '~'i';'~'':~ plan indicated in section 412.701. The total sum appropriated shall be less than the · ~" total estimated revenue by a safe margin. The council shall adopt the budget not iiii~i!~ i later than the first day of October by a resolution which shall set forth the total for . <;~.,,.; each budgeted fund and each department with such segregation as to objects and :~,,. purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying whatever taxes it .~, ~: .considers necessary within statutory limits for the ensuing year for each fund. The : :,:ii"'.~x levy resolution shall be certified to the county auditor in accordance with law not ~-.".<: ~ later than October I0. At the beginning of the fiscal year, the sums fixed in the iii i;iii!..budget resolution shall be and become appropriated for the several purposes named --'!;!ii: ' tn the budget resolution and no other. ~'~" ..... History: 1949 c 119 s 87; 1953 c 755 $ 8; 1973 e 123 att 2 s I subd 2 '~'~ 412.721 BUDGET PROVISIONS, ENFORCEMENT; BUDGET ALLOW- ...., ~NCE~ PENALTY FOR EXCEEDING. ,..~.. It shall be the duty of the manager to enforce strictly the provisions of the ' budget. He shall not approve any order upon the treasurer for any expenditure uule~ an appropriation has been made in the budget resolution, nor for any ~l~nditure covered by the budget resolution unless there is a sufficient unexpended · balance left after deducting the total past expenditures and the sum of all outstand- :: :.ing orders and incumbrances. No officer or employee of the city shall place any order or make any purchase except for a purpose and to the amount authorized in ~,~ the budget resolution. Any obligation incurred by any person in the employ of the · city for any purpose not authorized in the budget resolution or for any amount in Lasks: long and short term departmental planning; lorganization, direction, and coordination of the work load; reporting, both to the council and to the general public; and budgeting, both preparation and execution. The Manager In Plan B cities 'and most charter cities the position of city manager exists. The functions of governing the city are clearly divided when this position has been created. _T_.he manager_performs all of the administrative duties (such as hiring employees, enforcing city ordinances and.bud~:et p_reparati..on.1, while the council makes ali policy ~.~legislative decisions. (A complete discussion of the duties of the manager in a Plan B city is con- tained in Chapter :3, Section B.) B. QUALIFYING FOR OFFICE The term "qualifying for office" simply means the procedure whereby an elected or appointed official files an official bond. The term should not be confUsed with the expression "qualifications for office" which refers to an individual's personal abilities and charateristics. The act of qualifying for office should be carried out within the prescribed time limit since failure:to do so creates, upon declaration of the council, a vacancy in the office for which the official should qualify. Because they constitute separate proce- dures, acts of filing the oath and bond will be discussed separately below. The Oath of Office35 Whether or not a bond is required, all city officials, including members of the council, boards, commissions, and administrative officers, must take and subscribe to an oath of office before exercising any of their powers or duties. (See League memo "Official Bonds and Oaths of City Officers and Employees.") This applies to ap- pointive as well as elected officials. The oath to be taken is the following: do solemnly swear that I support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfully, justly, and impartially discharge the duties of the office of (insert brief description of office) of the City of ......... , Minnesota, to the best of my judgment and ability. So help me God. If the officer objects to an oath on religious grounds, the word "affirm" should be substituted for the word "swear" and the phrase "and this I do under the penalties of perjury" for the phrase "so help me God." Such an affirmation has the same legal effect as an oath. The oath may be administered by any person authorized to take and certify acknowledgments. Therefore, it may be taken before the city clerk, a justice of the peace, a notary public, or a register of deeds. The ceremony includes uplifting the hand. The candidate qualifying for office must take the oath and sign a copy of it in the presence of the administering official. Once taken, the signed copy must be filed with the city clerk except that city assessors file theirs with the county auditor. If an officer must also submit a bond, the oath should be attached to or endorsed upon the bond and both of these docu- ments should be submitted to the city council for its approval. Official Bonds Persons required to furnisl~ ~onds. The statutes expl.j~itly require assessors,*u and deputy asses- sots~- to give bonds when qualifying for office. The law also conterrmlates that the treasurer and clerk furnish bonds.38 In addition, the statutes authorize the council to re~Jire a bond from any ofher officer or employeefi~ (See League memo "Official Bonds and Oaths of City Officers and Employees.") Since these bonds are conditioned upon the faithful .exercise of an employee's duties and the prope.r use of all funds in his care, a bond should always be required if the employee handles sub- stantial amounts of money or property readily convertible into money. In some cases, it may be desirable to bond major administrative officers as well, even though they do not directly handle money, to secure protection against malfeasance or misfeasance in office. That being so, it is advisable to require a bond from the city manager, finance director, deputy clerk, department heads, and other similar administrative officials. Amount of bond. Unless specified by statute, the council must prescribe the amount of bond required from any particular official. Statutory provisions apply only to assessors (penal sums of $500). In all other cases, the council is free to set whatever amount it thinks necessary to protect the city against improper actions by the official. -128- modifications, an excellent basis for budgeting in any community, regardless of organization. Al- though these procedures will not be explained in detail, frequent reference will be made to them in the ensuing discussion. C. THE BUDGET PROCESS There are three basic steps involved in budget- ing. Preparation is the first of these. It consists of developing, for each city activity, estimates of the needed and desired expenditures for the coming year as well as the revenues available to pay them. Consideration and final adoption of the budget constitutes the second stage of the process. Finally, the process ends with the expenditure controls. Each of these steps is considered separately below. First, however, budget responsi- bility is briefly outlined. Location of Administration Responsibility Ultimately, of course, responsibility for budget- ing resides in the council: It is the council which must finally accept or reject the budget and insist upon standards of budget enforcement. Although it must retain responsibility, however, the council should give the tasks of budget prepara- tion and execution or enforcement either to the clerk, a council committee, or some other city officer. The statutes themselves impose these duties on the m'anager 'in Optiona~ Plan B cities. Alth°~gh -~6t required by law,'"~e responsibility should logically be given to the clerk-administrator in cities operating under Plan A. In standard plan cities, the council might like to use either of two procedures. First, it might delegate the task of coordinating departmental budget requests to a council'committee. Either this committee or an administrative officer might be made responsible for budget execution. Second, the council can give the responsibility for both budget preparation and execution to the clerk, deputy clerk, or other official responsible for the daily supervision of ali city activities. The general rule is that budget execution or e~forcement should be delegated to the chief executive or administrative officer of the city. Budget Format Two aspects of the budget format 'need con- sideration: the actual forms used in preparing the budget and the classification of ac- counts or account titles used in sum- marizing the data. The budget forms recommended for city use by the League are contained and explained in the League publication, "Aids for Preparing Municipal Budgets." UnJform Chart of Accounts ~ A standard chart of accounts is prescribed by the state auditor, in cooperation with the League, for use in city budgeting and accounting ("Classifi- cation of Accounts for Use by Fiscal Officers in Cities"). This classification must be followed by every city, not only in maintaining financial records, but also in preparing the annual budget. Because this classification is revised periodically, the person preparing the budget should obtain the most recent copy from the State Auditor. (The standard accounts are discussed in general in Chapter 20.) Although the law does not require budgeting for funds made up of revenues from utilities and special assessments, they may be included by the council when making budget estimates. The financial activity in these funds is dependent on the number of special assessments made or the business activity of the commercial operation involved. Since it is not always possible to anticipate these activity levels in advance, accurate budgeting is difficult. For purposes of expenditure control, however, some advance estimates will prove helpful and every attempt should be made 'to develop them. Budgeting Techniques The purpose of this section is to outline and discuss various budgeting techniques. Generally, the purpose of any budget is to help managers and other decision-makers make rational choices. When resources are ample, a decision-maker's job is easy because all programs and services can be financed. However, when dollars are limited, a decision-maker needs a tool to assist in making rational choices to cut back particular services, rather than just making across the board cuts. It should be noted that many budgeting techniques exist, and different ones will work best for dif- ferent decision-makers. The intent of the follow- - 325 - CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 December 10, 1985 TO: Fran Clark FROM: Greg Skinner SUBJECT: Repair to Well #7 These are the two quotes for Well #7. Ail our wells were put on a five year maintenance rotation. Well #7 was to be serviced in 1987. Due to the amount of worn parts and high turbulent water Well #7 will be put on a three year rotation. An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities. Telephones: 646-7871 646-7872 WATER PRODUCERS December 6, 1985 413 North Lexington Parkway Saint Paul. Minnesota 55104 City of Mound 5341 Naywood Road Mound, Minnesota 55364 Attention: Subject: Gentlemen: Mr. Greg Skinner Pump Repair - Well No. 7 We are pleased to submit the following prices for repairing and reinatal- ling Well-Pump No. 7: Material and Repairs Packing-Gland Bushing Clean and Paint Base 8" x 10' Column Pipe 8" x 5' Column Pipe 8" x 10' Tail Pipe Metalize Headshaft Clean Bearing Retainers l-l/4" Lineshaft Bearings Straighten Lineshafts Disassemble and Assemble Bowls Bowl Bearings Impeller Collets Set of Cap Screws for Bowls - i $ 75.00 - 1 100.00 - 10 ~ $260.00/ea.- 2,600.00 - 1 2OO.OO - 1 240.00 - i 175.00 - i 100.00 - ll ~ $ 20.00/ea. 220.00 - 1 200.00 - 1 250.00 - 4 ~ $ 85.00 340.00 - 4 ~ $ 45.00 18o.oo - I 50.00 Total ......... $4,730.00 Install Pump ........................ 950.00 Total ......... $5,680.00 We can do this work in about l0 days to two (2) weeks. Respectfully submitted, (~ WELL DRILLII~G CO. GHK: lh G ys, ' December 6, 1985 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS !i LAND SURVEYORS [] PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Ms. San Bertrand Planning and Zoning City of Mound 534i Maywood Road Mound, Minnesota 55364 SUBJECT: Dear 3an: Port Harrison Townhomes M.K.A. File #7305 In my discussion this past week with yourself and Mr. Jim Nordby, the subject of concrete curb and gutter has come up. The developers have stated that they do not intend on installing the concrete curb and gutter as was shown on the plans submitted to the City and approved by the Council. Mark Koegler and myself feel this should remain a requirement for completion of this project. If the developers wish to delete the concrete curb and gutter or substitute a different material, they should be required to obtain Council approval. If you have any questions or require additional information, please contact US. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. OC:khw cc: Mark Koegler prin~e,:l on recycle,:i Daper BILLS DECEMBER 10, 1985 Batch 854113 Batch 854114 Bills listed below Computer Computer run run dated dated 12/O3/85 12/05/85 Total Bills 125,390.91 42,559.92 3,387.18 171,338.01 Fire Dept Officers pay (12) 3,100.OO Photo Factory Film 15.18 Holiday Inn~St. Paul--Room-Seminar 82.00 Bldg Official U of MN Registration-Seminar 90.00 Bldg Official Ronald Marschke Nov Asst Chief 100.OO 0 W oo XX *,J.J O0 r,.. 0 I-- W W _m 0 Z .J 0 0 II. I-- W ..I m, 0 cO s- 0 3: fq f~ Z C: r- ~ZZ~ ~Z2Z ,# U U 0 ~J 0 LU o C Z .~. Z Z '13 Z m Z 0 r- c> z z Z i-' Z Z I I :::) 0 I I I r,.. i,~ i~. ! ! I I I I i~ i~,. r... I I I I I I Z 0 U n~ Z I.... C~ Z .r~ Z I,.- 0 r, rm W Z m, Z w (~ U. Z 0 W ]lC Z 0 Oo Oo ,t C: '-ri o Z 0 .,-I Z o I 0 I 0 0 0 0 I 0 O. 0 W 0 I- .J ~J 8 i,i Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St.. Paul, Minnesota 55101 Telephone (612) 291-63~,., DATE: December ~), 1985 TO: Lake ~innetonka ~unicipal Governments~ Hennepin County Department of Transportation And Water Patrol; Department of Natural Resources~ Lake ~innetonka Conservation District And Suburban Hennepln Regional Park District RE: Planning Approach to Public Boat Access and Shore Access Improvements for Lake I~innetonka (/~eeting Notice) On behalf of the ~etropolitan Council's Task Force on Lake Rinnetonka, I want to thank those of you who submitted statements in response to our request for data. We paid partlcular attention to statements regarding your critical interests in managing the lake and land uses and what's been done to implement the recommendations from the "Report of the Lake Rinnetonka Task Force" (June 1983). Two points stand out from your statements: 1) 2) ~unicipal governments are responsible for land use planning within their jurisdiction. Boat access facilities impact adjacent land uses. ~unicipal governments want to participate and plan "from the outset" how public boat access is provided on Lake ~innetonka. The Department of Natural Resources is authorized under Rinnesota Statutes 97.48, Subdivision 15, to acqulre/develop "state water access sites ... adjacent to public waters to which the pubic theretofore had no access or where the access is inadequate .... " These two points clearly demonstrate the need for an effective, joint access planning process. The "Report of the Lake ~innetonka Task Force" found that: "There is a need and a demand for additional access to Lake ~innetonka to serve persons who want to fish and otherwise enjoy the lake in boats and from the shorelin&. There is no demonstrated need for additional lake access for boats other than fishing craft and small recreation boats" (page 3 of 1983 report)." In order to meet the access need for fishing craft and small recreation boats, the 1983 task force split the lake into $ zones and set a goal that a total of 700 reliable car-boat trailer parking spaces be created and distributed in those zones within 1,500 feet from an access site. However, only 185 were defined as "reliable." (See Table 1 and ~ap 1 attached to this letter.) Specific recommendations were made to improve existing boat access sites and a set of criteria were developed for public agencies to use in evaluating and selecting new access sites and are found on pp 3-18 of their report. ~ ~) ~ 8 An Equal Opportunity Employer December ~, 1985 Page Two Your recent statements to this task force indicate that action has been taken or will be taken soon to implement the 1983 task force recommendations for creating more rellable car-boat trailer parking. On September 2G, 198S, the Lake Minnetonka Conservation District (LMCD) reported that 235 spaces were in the "rellable" category, as defined by their parking standards (attached to this letter). Twenty-eight rellable spaces are being proposed by Minnetrista for William'sAccess. Action has also been taken to improve some shore access sites as recommended on pages 19-21 of the 1983 task force report. For example, the City of Mound is working with the Department of Natural Resources on installing a fishing pier on Cook's Bay in Mound Park. The Metropolltan Councll Task Force on Lake Minnetonka wishes to encourage implementatlon of the 1983. task force recommendations in ways which are acceptable to municipal governments. Cooperative efforts by municipalities, the DNR, LMCO and other governmental entities is the only way the 1983 task force recommendations can be implemented. Consequently, on November 25 this task force unanimously adopted the following resolution: RESOLUTION Planning Approach Instead of Council staff preparing a discussion paper, a11 14 municipal governments, ONR, L~CO and other agencies should be directly involved in developing a plan that creates 700 reliable car-trailer parking spaces as defined by the 1983 Lake Minnetonka Task Force and the LMCO Parking Standards (Attachment 1). The'7OO spaces should be distributed under the zone approach used by the 1983 task force (see Table 1 and Map 1 and pages 3-18 of the."Report of the Lake Minnetonka Task Force.") The plan should also include an implementation plan for shore access improvement recommendations made by the 1983 task force. The expertise and advice of each entity (municipal governments, DNR, L~CD, Water Patrol, Watershed District) needs to be tapped to the greatest extent possible to develop this plan. Data from the DNR, LHCD and Sheriff's Water Patrol should be used by the municipal governments in developing the plan. Metropolitan Council staff should provide technical assistance, coordinate meetings and provide publlc participation support for the planning process. We expect that other options, besides land acquisition for off-street car- trailer parking will be considered. As stated in the 1983 task force report page 7: "To achieve the goal of 700 reliable car-trailer parking spaces, the task force further recommends that the L~CD, in concert with lakeshore municipalities, employ any or all of the following means as appropriate while attempting to reach this goal in the following order of preference. December 3, 1985 Page Three Increasing on-site parking at existing access sites by land acquisition where land availability and funding permits· Increasing on-site parking as new access sites are established. Increasing reliable parking by acquisition of, or through written parking agreements for, off-street parking lots in the vicinity of public launch ramps. Increasing long-term reliable on-street parking in the vicinity of access ramps through written parking agreements." Furthermore, that government entities be encouraged to provide reliable car- trailer parking spaces in creative ways in addition to land acquisition or highway right-of-way car-trailer parking arrangements, such as leasing com- mercial marina space for car-trailer parking facilities. Launching fees under these alternative arrangements cannot be charged. In order to carry out this resolution and respond to your comments at the November 13 public meeting, Council staff has prepared the enclosea "Proposed Work Plan and Schedule to Implement 1983 Lake Minnetonka Task Force Recommendations on Boat Access and Shore Access." Originally we intended to produce a discussion paper and hold public hearings onn that paper. This proposed work plan replaces that step in our process. Please review the proposed work plan carefully. We~ve scheduled the following meetings and request your attendance to discuss the work plan, answer your questions and modify the work plan and schedule if necessary. Please call Arne Stefferud (291-$360) if you cannot at:end any of these meetings. MEETING SCHEDULE Please attend another one of these meetings if you can't attend the one scheduled for you. Date Time Place 12/10/85 3:30 p.m. Mound City Hall Council Chambers 53~1Maywood Road Mound, MN Invitees: Shorewood, Hound, Victoria, Minnetrista, Spring Park 12/11/85 3:30 p.m. LMCD Offices, Wayzata Depot hO2 East Lake Street Wayzata, MN Invitees: Hennepin County Public Works, Hennepin County Water Patrol, LMCD Staff, Suburban Hennepin Regional Park District, Minnehaha Creek Watershed District and DNR December 3, 198 ; 12/11/8 ; Invitees: LMCD Board p.m. Page Four LMCD Offices, Wayzata Depot 402 East Lake Street Wayzata, MN 12/12/85 3:30 p.m. Tonka Bay City Hall 4901Manitou Road Tonka Bay, MN Invitees: Tonka Bay, Excelsior, Greenwood, Deephaven, Orono and Minnetonka Beach 12/17/85 2:30 p.m. Wayzata City Hall Council Chambers 6OO Rice Street Wayzata, MN Invitees: Woodland, Wayzata, Minnetonka once again, I want to thank you for your recent statements. This planning approach we~ve developed responds to those statements. By cooperatively planning what can actually be implemented from the 1983 task force recommendations, we hope to serve the public interest. Sincerely, Patrick Scully, Chair t~etropolitan Council Task Force on Lake /~innetonka cc: Senator Gen 01son Representative John Burger Sentator Jim Ramstad Representative Craig Shaver Metropolitan Council's Task Force on Lake ~innetonka ~embers ASO13~-CHAD~I ZONE 1 2 3 4 S TABLE 1 DISTRIBUTION OF CAR-TRAILER PARKING SPACES AT PUBLIC ACCESS SITES BY ZONE TASK FORCE GOAL FOR RELIABLE': EXISTING PARKING SPACES IDENTIFIED ACRES PARKING IN IN VICINITY' OF ACCESS SITES OF VICINITY' OF ........................... WATER ACCESS SITES RELIABLE#,' UNRELIABLE*' TOTAL 2,780 1.q9 60 log 169 2,880 144 46 363 409 3,100 155 0 80 80 2,520 1 26 79 216 29S 2,720 136 0 219 219 14,000 700 185 987 1 , 172 In Vicinity means within 1,500 feet from the access site. Reliable car-trailer parking space is one that is publicly owned or guaranteed by long term written agreement. Source: See item 20 of Bibliography · TABLE 2 DISTRIBUTION OF CAR-TRAILER PARKING BY ZONE ON-SITE VS. OFF-S ZONE ON-S ITE OFF-S ITE 1 36% 64% 2 11% 89% 3 0% 10 0% 4 6% 94% 5 0% 100% 11% 89% Source: See item 20 of Bibliography TABLE 3 DISTRIBUTION OF CAR-TRAILER PARKING BY ZONE ON-STREET VS. OFF-STREET ZONE ON-STREET OFF-STREET'~'~ 1 64% 36% 2 89% 11% 3 0% 100% 4 32% 68% 5 10 O% O% 67% 33% off-street parking includes both on-site and other parking lots within 1,500 feet from launch tromps. Source: See item 20 of Bibliography 'Reoort of the Lake Vinnmtonka W × W 03 Z 0 0 0 Z Report of the Lake Mimnetonka I--I a @ Z LAKE MINNETONKA CONSERVATION DISTRICT ATTACHM£NT PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES The Lake Minnetonka Task Force agreed to a goal of 700 long-term reliable spaces for car-trailer parking in the vicinity of present and future access sites at Lake Minnetonka. The Task Force further recommended that the Lake Minnetonka Conservation District establish an acceptable set of standards for identifying and counti~g of these spaces and monitor progress toward the goal on a continuing basis. The following set of standards has been adopted by the LMCD and the Minne- sota Department of Natural Resources for application to Lake Minnetonka: 1. All spaces must be within 1,500 feet of a public access point. 2. All off-site locations' should be provided with a long-term agreement, five year minimum, on file with the LMCD. 3. The location of off-site Spaces, either off-street or on-street, must be identified by clear, permanent-type signage at the access point. All off-street spaces must be layed out on a plan on file with the LMCD. The plan shall clearly indicate each car-trailer space and adequate in- gress, egress and maneuvering space. All spaces must be available on an unrestricted, first-come-first-served basis, as a minimum from 5 p.m. on Friday until midnight Sunday, and on holidays, from April 15 to October 15. 6. All on-street spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Regularly-spaced permanent signage stating "transient car-trailer parking only." 6-25-85 PROPOSED WORK PLAN AND SCHEDULE TO IMPLEMENT 1983 LAKE MINNETONKA TASK FORCE RECOMMENDATIONS ON BOAT ACCESS AND SHORE ACCESS December 2, 1985 INTRODUCTION On November 25, 1985, the Metropolitan Council's Task Force on Lake Minnetonka unanimously approved the following resolution: RESOLUTION Planning Approach Instead of Council staff preparing a discussion paper, all 14 municipal governments, DNR, LMCD and other agencies should be directly involved in developing a plan that creates 700 reliable car-trailer parking spaces as defined by the 1983 Lake Minnetonka Task Force and the LMCD Parking Standards (Attachment 1). The 700 spaces should be distributed under the zone approach used by the 1983 task force {see Table 1 and Map 1 attached, and pages 3-18 of the "Report of the Lake Minnetonka Task Force.") The plan should also include an implementation plan for shore access improvement recommendations made by the 1983 task force. The expertise and advice of each entity (municipal governments, DNR, LMCD, Water Patrol, Watershed District) needs to be tapped to the greatest extent possible to develop this plan. Data from the DNR, LMCD and Sheriff's Water Patrol should be used by the municipal governments in developing the plan. Metropolitan Council staff should provide technical assistance, coordinate meetings and provide public participation support for the planning process. We expect that other options, besides land acquisition for off-street car- trailer parking will be considered. As stated in the 1983 task force report page 7: "To achieve the goal of 7oo reliable car-trailer parking spaces, the task force further recommends that the LMCD, in concert with lakeshore municipalities, employ any or all of the following means as appropriate while attempting to reach this goal in the following order of preference. -2- Increasing on-site parking at existing access sites by ]and acquisition where land availability and funding permits. Increasing on-si're parking as new access sites are established. Increasing reliable parking by acquisition of, or through written parking agreements for, off-street parking )ots in the vicinity of public launch ramps. Increasing long-term reliable on-street parking in the vicinity of access ramps through written parking agreements." Furthermore, that government entities be encouraged to provide reliable car- trailer parking spaces in creative ways in addition to land acquisition or highway right-of-way car-trailer parking arrangements, such as leasing com- mercial marina space for car-trailer parking facilities. Launching fees under these alternative arrangements cannot be charged. Council staff was directed to develop a proposed work plan and schedule that would be used to implement this resolution. Staff was also directed to schedule meetings with appropriate government entities to discuss this work plan and revise it as necessary. A meeting schedule has been prepared and is part of the cover letter enclosed with this document. Please review this document carefully. Ne want to make sure you understand what is expected of your government entity and that we can meet the deadlines in the schedule· PROPOSED WORK PLAN AND SCHEDULE December 1~8~ and January 1986 As a planning and coordinating body, the Metropolitan Council will perform its historical role by coordinating the preparation of this plan. Ne suggest that staff from municipal governments and lake managing agencies form a work group to develop the plan coordinated by Council staff. These staff people should act as liaisons for their respective policy-making bodies. We encourage the utilization of staff in order to provide more time/effort into the planning process. Municipal governments and lake managing agencies should have the freedom to delegate an elected official or citizen representative instead of staff, when necessary. Plan contents should include the following items: 1. Analysis of alternatives considered to meet the goal of 700 reliable car- trailer parking spaces. Recommended alternatives and locations for the 700 re]iable car-trailer parking spaces as defined by the 1983 Lake Minnetonka Task Force. Recommendations shou]d be ranked in a time sequence order. -3- 3. Cost estimates for creating the 700 spaces. If new access sites are recommended, development concept plans and operation/maintenance plans should be included. These plans should also include cost estimates for acquisition/development and annual operations/maintenance expenditure estimates. If new access sites are recommended, an analysis of car-boat trailer traffic impact on access street(s) to the site should be included. Recommendations for needed street improvements, if warranted by traffic analysis, and cost estimates for the improvement should be included. Development concept plans and cost estimates for improving existing boat access sites as recommended by the ]983 task force. Projects should be ranked in a time sequence order. Development concept plans and cost estimates for improving shore access facilities as recommended by ]983 task force. Projects should be ranked in time sequence order. February 1~86 By January 31, 1986 copies of the draft plan will be printed by the Metropolitan Council and distributed (along with a hearing notice) to libraries, and interested individuals. Copies will also be available at municipal government offices, the DNR and LMCD offices. Four hearings should be conducted, and held on February 2~-28. The Metropolitan Council Task Force on Lake Minnetonka should conduct the hearings. March 1986 Recommended revisions as needed should be made to the draft plan in work sessions by staff from municipal government, DNR, LMCD and other agencies. Work sessions would be lead by Metro Council staff. A final report should be submitted to the Metropolitan Council Task Force on Lake Minnetonka by March 14, 1986. The task force should review/approve the plan for consistency.with the 1983 task force recommendations by March 20, 1986 and submit its approved plan to the Metropolitan Council. If its judgment warrants, the Council's task force may make additional recommendations as it sees fit and may extend the schedule as necessary before submitting its report to the Metropolitan Council. The MetropolitanCouncil should review/approve the plan on March 27 and submit it to the Executive Council by March 31, 1986. ASO134-CHADM1 PLANNING, ZONING AND ENVIRONMENTAL SERVICES (612) 448-3435 COUNTY OF CAI VE CARVER COUNTY COURTHOUSE 600 EAST FOURTH STREET CHASKA, MINNESOTA 55318-218~ 2 December 1985 To: City Planner/Administrator From= Dave Drealan, Carver County Planner Subject= New Metro Council Development Framework As you know, the Metro Council is in the process of adopting a new Development Framework for the region. Carver County and a number of cities have reviewed the proposed document and have a number of concerns. 7h~. goncern~ are c. entered around_ the ~opulation, household, and e~oloyl~emt ~orecas~s. ~t ...is... aPParent t~hat these ~oreCast~-will be used for future fa~ilitie;~lannin~; par~.ula~ly ,.in the sewer and transportation ar~ae. The County and several cities in the County have met and find that our con- cerns are mutual - that the proposed forecasts do not accurately reflect the "market interest" in the southwest area of the re~ion and that facilities planning based strictly on the proposed ~orecasts could result in constraints on development. The most critical facility is the the Blue Lake Treatment plant and its programmed capacity. One of the results of the meeting was the suggestion that it may be appropriate to contact all of the communities ~n the southwest area, particularly those communities served by the Blue Lake plant, to see if our concern is shared. Therefore, ,~ meetin~ has been..scheduled for December ]1. 1985 at 9=30.a.m. in the Council "t~hambers at "%he Chanhassen City. The purpose of th~ meeting is 9r~marily to determine if there are mutual concerns amon~ the cities in the area. You or a member of your staff are invited to attend. If you have any questions or need further information, please contact me at 448-3435 ext. 260 or Barbara Dacy, Chanhas- sen"City Planner at 937-1900. Thank for your attention, David Drealan Carver County Planner Z LAKE LUCY LA~E AHN L,AXERtbEY '""' 4 6 7 9 I0 II U.S. Senator for Minnesota. REACH.EDT 26-Nov-85 18:23 FOR IFFEDIATE RELEASE FOR FURTHER INFORMATION: JON SCHROEDER - 612/349-5111 toll free - 800/752-4226 DUREN}~ERGER STAFF TO\,CONDUCT "REACHOUT" IN ~OUND U.S. Senator Dave Durenberger (R-Ninn.) announced this week that his Minnesota staff will be conducting its "Reachout" p.~ogram in Found on Thursday, December 12. Senator Durenberger's staff members will be available to meet with residents from 9:00-11:30 a.m. in the Council Chambers'at Mound City Hall, 5341 Maywood Road. "Individuals who are having specific difficulties with federal programs or would like to express their opinion on various issues sh feel free to stop by and meet with a member of my staff," Durenberge~ said. "It would be particularly helpful if individuals bring with them documents or letters which can be used to follow-up on concerns or problems which they might have." "Ny office frequently receives calls and letters on problems which individual constituents may be having with various federal programs," Durenberger said. "Our intent in conducting "Reachout" programs such as this is to make it as convenient as possible for individuals to bring their concerns to my attention." Durenberger was elected to the U.S. Senate in 1978 and was re- elected in 1982. He chairs the Senate's Select Committee on Intelligence and also serves on the Senate Finance, Environment and Public Works, and Governmental Affairs Committees. -30- P.O. Box 387, Wayzata, Minnesota 55391 BOARD 01: MANAGER~: David H. Cochran. Pre~.. Albert L Lehman . John f:. Thomas Camille O. Andre · James B. McWethy · James R. Spensley · Richard R. Miller CHANGE OF MEETING NOTICE The next regular meeting of the Board Minnehaha Creek Watershed District will be December 12, 1985, commencing at 7:30 p.m. Hall, Wayzata, Minnesota. of Managers of the held on Thursday, at the Wayzata City Dated: November 22, 1985 2007n lea§we of minmesoga Olgies November 26, 1985 TO: MAYORS, MANAGERS, CLERKS FROM: Ann Higgins, Staff Associate SUBJECT: TAX REFORM THREAT TO TAX-EXEMPT STATUS OF MUNICIPAL BONDS AUTHORITY TO ISSUE TAX-EXEMPT BONDS UNDER IMMEDIATE THREAT Chances are growing that Congress may impose severe restrf~tions on traditional uses of municipal bonds. Action by the House Ways and Means Committee this past weekend signals that House action can be anticipated soon. Please contact members of the Minnesota Congressional Delegation (list attached) immediately. Indicate your opposition to the proposed sweeping, limits and restrictions on cities' authority to issue municipal bonds. SECRECY SURROUNDS DETAILS OF HOUSE COMMITTEE ACTION Because Congress is not subject to open meeting requirements, the currently proposed proposed limits on local tax-exempt financings are the result of closed committee sessions. Actual legislative language for these proposals is not yet available. Therefore, the information in t~e media or provided informally by committee staff or members serves as the basis for much of what can now be reported. USE AND LOAN TESTS MAY ELIMINATE TAX-EXEMPT STATUS OF MANY PUBLIC IMPROVEMENT BONDS AND LEAD TO MORE COSTS FOR CITIES It must be clearly understood that proposed f~deral tax reform ~e~islation now contains p~oyis~ons that..seriouslX threaten the continued use of tax-exempt bonds for public improvements. According to the actions of the House Ways and Means Committee, bonds issued by state and local government are governmental - and therefore tax exempt -only if less than 10 percent of the bond proceeds (or $10 million, whichever is less) is used by a trade or business and no more than 5 percent (or $5 million, whichever is less) of the proceeds is loaned to a trade or business. It means that cities (as well as other state and local units of government) will be able to issue tax-exempt bonds only as long as these use limits or "tests" are not exceeded. ,-~ ~/,,,~ , 1 BOND ISSUES FALLING THESE TESTS ARE TAXABLE AND TERMED NONGOVERNMENTAL UNLESS AN EXEMPTION APPLIES. The following categories o~ municipal bonds fit within the exemption provided: small issue IDBs, exempt facility IDBs, owner occupied housing, and 501(c)(3) organization bonds, BUT THE TAX EXEMPTION CURRENTLY ALLOWED FOR SOME TYPES OF FACILITIES, WHETHER PUBLICLY OR PRIVATELY OWNED, WOULD.BE ENDED - SEE BELOW. THAT LIST INCLUDES INDUSTRIAL PARKS, GAS AND ELECTRIC UTILITIES, DISTRICT HEATING AND COOLING SYSTEMS, HYDROELECTRIC PLANTS, AIR AND WATER POLLUTION CONTROL FACILITIES, SPORTS, AND CONVENTION AND TRADE CENTERS. This means that municipal G.O. and revenue bonds for such improvements would be considered taxable. "429" improvement bonds for curb, gutter, or road extensions to subdivision developments might also be nongovernmental under such a restriction if private developers stand to gain by as little as 10 percent of the proceeds of that bond issue. MORE RESTRICTIONS See page 2 of the attached memo fo~ a list of other bond uses which would automatically be placed under a new per capita volume limit in which cities would compete to obtain authority to issue tax-exempt bonds. Note that sewer, solid waste, and municipal water facilities are on the list. What that means is that after January 1, cities must await the decision of the Governor or the state legislature to find out whether they will be able to issue bonds for these purposes as well as for any of the other public purpose listed above that fail the 10 and 5 percent use and loan tests. LIMITS ON TAX INCREMENT FINANCING Hundreds of Minnesota cities have made effective use of tax increment financing to assist needed development, to redevelop downtown commercial and industrial sections, and to provide financing necessary to aid .in housing development. Only a limited number of projects would remain eligible under the strict limits set by the federal tax reform proposals. No acquisition, land write-downs, financing of development costs, etc. would be considered tax-exempt activity within provisions being considered by the House Ways and Means Committee. Efforts have been made to try to gain an exemption for such activities at the local level, but to date there is no certainty that such changes will be added. ('All 8 House members of the Minnesota Congressional Delegation have 33 sent a letter to House Ways and Means Committee Chairman,' Representative Rostenkowski, urging him to permit exceptions to the proposed "tests" to permit the use of tax increment financing.) To the extent that tax increment bonds are used to finance improvements such as streets, sidewalks, lighting, etc., their tax- exempt status appears to have been sustained by actions of the Ways and Means Committee. But, such bonds issued for redevelopment could be subject to the new unified volume limits (referred to on page 2 of the technical information) if proceeds are used for land acquisition or relocation costs. EFFECTIVE JANUARY 1 DATE POSES CRITICAL DEADLINE FOR CITY BONDING AUTHORITY When contacting your member of Congress and our U.S. Senators, urge immed£ate action to remove the January 1, 1986 effective date now in the proposals under consideration by the House Ways and Means Committee. Without such action, the authority of all cities to issue tax-exempt bonds will be subject to major uncertainties and severe restrictions for the foreseeable future. " Senator Rudy Boschwit~ 506 Hart Building Washington, D.C. 20510 (202) 224-5641 Local Office 210 Bremer Bldg. 419 N. Robert Street St. Paul, MN 55101 (612) 221-0904 Toll Free 800/652-9771 Rep. Timothy J. Penny 501 Cannon Bldg. Washington, D.C. 20515 (202) 225-2472 Local Office Blue Earth Government Center Box 3148 Mankato, MN 56001 (507) 625-6921 Park Towers 22 N. Broadway Rochester, MN 55904 (507) 281-6053 Rep. Vin Weber 318 Cannon Bldg. Washington, D.C. (202) 225-2331 20515 Local Office P.O.Box 1214 Marshall, MN 56258 (507) 532-9611 P. O. Box 279 New Ulm, }~ 56073 (507) 354-6400 919 - 1st Street Willmar, MN 56201 (612) 235-6820 Senator Dave DurenSerger 375 Russell Bldg. Washington, D.C. 20510 (202) 224-3244 Local Office 1020 Plymouth Bldg. 12 South 6th Street Minneapolis, MN 55402 (612) 349-5111 Toll Free 800/752-4226 Rep. Bill Frenzel 1026 Longworth Bldg. Washington, D.C. 20515 (202) 225-2871 Local Office " 8120 Penn Avenue S. Suite 445 Bloomington, MN 55431 (612) 881-4600 Rep. Bruce Vento 2433 Rayburn Bldg. Washington, D.C. (202) 225-6631 20515 Local Office Rm 150 Mears Park Place 405 Sibley Street St. Paul, MN 55101 (612) 725-7724 Rep. Martin Sabo 436 Cannon Bldg. Washington, D.C. (202) 225-4755 20515 Local Office 462 Federal Courts Bldg. Minneapolis, MN 55401 (612) 349-5110 OVER Rep. Gerry Sikorski 414 Cannon Bldg. Washignton, D.C. 20515 (202) 225-2271 Local Office 8535 Central Avenue Blaine, MN 55434 (612) 780-5801 Rep. Arlan Stangeland 1526 Longfellow Bldg. Washingtin, MN 20515 (202) 225-2165 Local Office 4th Fi. MF Center 403 Center Ave. Moorhead, MN 56560 (218) 233-8631 Toll Free 800/432-3770 Federal Bldg. 720 St. Germain St. Cloud, MN 56301 (612) 251-0740 Rep. James Oberstar 2351Rayburn Office Bldg. Washington, D.C. 20515 (202) 225-6211 Local Office Brainerd City Hall Brainerd, MN 5-6401 (218) 828-4400 ~Chisholm City Hall Chisholm, MN 55719 (218) 254-5761 231 Federal Bldg. Duluth, MN 55802 (218) 727-7474 league of 'minnesota oities MEMORANDUM November 26, 1985 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Staff Associate SUBJECT: TECHNICAL INFORMATION ON FEDERAL TAX REFORM PROPOSAL RESTRICTIONS ON TAX-EXEMPT FINANCING Actions taken by the House Ways and Means Committee increase the potential for major new restrictions on the authority of cities to issue traditional public purpose bonds. It is estimated that the following provisions, if adopted by Congress, would reduce the types of municipal bonds eligible for tax-exempt status by at least 40 percent and subject so-called "nongovernmental" bonds to a new state- by-state per capita volume limit. It is vital that cities contact both House and Senate members of the Minnesota Consressional Delesation to make clear how serious an impact these intrusions on city authority to issue bonds will have on the ability of the city to manage pqblic improvements~ deliver public servicest and support economic development. Unless members of Congress can be persuaded to reverse or modify proposed bond restrictions, it is expected that they will become key provisions of federal tax reform legislation to be sent to the floor of the U.S. Hous~ of Representatives during the first week of December. Restrictions on Traditional Public Purpose Bonds Traditional general obligation, revenue, and tax increment bonds would be restricted by a new generic definition, effective January 1, 1986. Bonds would be non-governmental if the lesser of 10 percent or $10 million of the bond proceeds is used to benefit, directly or indirectly, any person (trade or business) including 501(0)(3) organizations other than a governmental entity, and if less than 5 percent (or $5 million) of the proceeds is loaned to a trade or business. What does this mean to cities? It means that cities planning to issue such bonds after January 1, must check with bond counsel to determine if those bonds meet the use test described above. Bonds termed non-governmental under terms of these new limits will be subject to much higher risk re: their tax- exempt status and therefore be more costly to issue (because .bond l~3umiveesicysvenueessc, sc. paui, minnesoca55101 (612) 227-5600 · 3372 counsels are most likely to issue only qualified opionions as to their future tax-exempt status). This follows from the reaction of bond counsel to the prospect of pending federal legislation (federal tax reform) that potentially will limit the definition of governmental bonds as noted above. Whether or not the Senate has acted on the measure by January 1, bond counsel's concern for liability on this issue will preclude the chances for "clean" opinions on bond issues where the benefits to trade or business appear to exceed the 10 percent test. An example offered by the National League of Cities: if your city is planning to make improvements to a municipal parking facility financed with G.O. bonds, you will want to take special care to be certain that no business receives more than a 10 percent benefit through either exclusive access or use of a number of reserved parking places. A New Per Capita Volume Limit on "Non-Governmental" Bonds Some municipal G.O. and revenue bonds that fail the 10 percent test would be termed "non-governmental purpose" bonds and would, be included in a new state-by-state volume cap along with small issue industrial development bonds (for which the House Ways and Means Committee has voted to eliminate the sunset provisions of Dec. 31, 1987). In addition to those in the above category (public purpose bonds for publicly owned and operated facililties that fail the 10 percent test), the following uses would also be permitted, limited by.a volume cap. The cap would place all tax-exempt non-governmental bonds, with the exception of certain airport and port facilities (excluding warehouses) under a state limit of $175 per capita - $25 per capita of which would have to be set aside for non-profit hospitals and universities, further reducing the volume of tax-exempt financing authority to $150 per capita for 1986 and 1987. (In 1988, the cap would decrease to $125, with the sunset of mortgage revenue bonds.) Of the remaining $150 per capita, $75 would have to be set aside for housing bonds unless the legislature determines othewise. * multifamily rental housing * some airport and port facilities * sewage amd solid waste disposal facilities * municipal water facilities * single family housing (until 1988) * veterans' mortgage bonds * small issue IDBs (with sunset date eliminated) * student loan bonds * non-profit university and hospital bonds ~mpact for Cities The proposed per capita volume cap would force cities, other units of local government including counties and school districts, as well as state agencies to face the prospect of competing for limited bondin~ authority. Overall housing bond volume nationally would be expected to decline by at least 10 percent, compared with 1984. Another very ominous prospect is the fact that certain uses of tax- exempt financing that fail the 10 percent test would not be eligible for tax-exempt financing, effective January 1, 1986. The following publicly owned and operated facilities would be ineligible for tax-exempt financing, under these provisions: sports facilities trade and convention centers parking facilities electric energy gas furnishing facilities hydroelectric generating facilities district heating and cooling facilities industrial parks hazardous waste facilities pollution control facilities Even if municipally owned and operated, these facilities are considered sufficiently non-governmental in their purpose and operation that the House Ways and Means Committee has determined that they shall not retain eligibility for tax-exempt bond financing. Any non-governmental portion of a governmental issue in excess of $1 million would also be subject to the volume cap. (That would mean that in the instance where a governmental issue benefitted a trade or business by that amount, even though' that is less than 10 percent of the bond proceeds (even as little as 1 percent or less), the portion exceeds $1 million could not be issued under the sole authority of the city to determine but would have to be allocated under a statewide allocation system. FURTHER PROPOSED RESTRICTIONS ON REFINANCING Advance refunding of'traditional public purpose bonds would continue to be allowed, but the cost of the new issue could not be recovered through arbitrage earned on the bond proceeds. Unless the present volume of interest savings was more than the cost of issuing the advance refunding bonds, the latter could not exceed 250 percent of the volume of the refunded bonds. Advance refunding bonds would also be subject to the same per capita volume limits of any new non-governmental bond issue (as noted above). In addition, the call period for such issues would be limited to a period no earlier than the date they could be called at par or at a premium of 3 percent or less. No unlimited arbitrage could be earned as a result of a provision which would limit such a period for advance 3 refunding bonds to 30 days after issuance and for refunded bonds no later than the date of issuance of the refunding bond issue. Finally, bonds for the following non-governmental activities would no longer be eligible for advance refunding: multi-family, single family and veterans' housing governmentally owned airports (including land, noise abatement and freight-handling facilities) port facilities (not including storage warehouses) mass commuting facilities sewage and solid waste disposal facilities facilities for furnishing water small issue IDBS (with all sunsets removed) Section 501(c)(3) organization bonds student loan bonds (All the above, except housing, sewage and solid waste disposal facilities, would have to be publicly owned to qualify for tax-exempt financing.) Private developments financed with tax-exempt bonds (exce.pt low-income. housing) would have to be depreciated using the straight-line method. Provisions for multifamily housing more favorable Apparently, although such housing bonds would be covered by the per capita volume cap on non-governmental bond issues, tax-exempt eligibility would be retained for all such bond issues if either 25 percent (now 20%) or more of the units are rented to families whose income is 80 percent or less than the area median income or 20 percent or more of the units are rented to families whose income is 70 percent or less of area median income. The state volume cap, unless the legislature changed it, would be allocated ($75 per capita) one third to multifamily, one third to single family, and one third left to the discretion of the governor. CONCLUSIONS Minnesota cities would retain little authority available under any allocation system that would be designed to.comply with the volume cap. The total allocation for all bonding authority under the proposal would be $725 million for the state. Of that, only $321 million would remains-for both state and local government bonding authority in 1986. · IDB authority in 1985 in Minnesota totaled $620 million, under the current volume cap. Add to that $600 million in multifamily housing bonds, at least $200 million in tax increment financing, and $200 million in owner-occupied housing bonds. An incomplete estimate of of the current level of bond activity would indicate that at least $1.6 billion of tax-exempt bonds were issued last year. That figure does not include either the tax-exempt bonds issued by 501(c)(3) organizations or the portion of governmental purpose bonds that may 4 be subject to these new unified per capita volume limits Actions taken by the House Ways and Means Committee are far-reaching and intrude in major ways into the conduct of local improvement planning, service managemenb, economic and redevelopment activities. The House Ways and Means Committee scheduled to report out tax reform legislation in early December. It is essential for cities to make their opposition to these sweeping restrictions known to members of Congress now. Illustrating the local impact of the proposed changes in tax-exempt status of bonds will underline the seriousness of the impact of these tax reform bond restrictions on city services, development, and capital improvement programs. 335-/ OMETROPOLITAN WASTE CONTROL COMMI;;ION November 27, 1985 TO ALL CITY MANAGERS~ This is to inform you that the Metropolitan Waste Control Commission, Resolution Number 85-382, has acted to increase the SAC rate to $475.00 effective January 1, 1986. The SAC rate for the communities that do not have interceptors was increased to $245.00, also effective January 1, 1986. The increases in the SAC rates have been submitted to t~e Metropolitan Council for their review and comment pursuant to Minnesota Statutes, Section 473.163, Subd. 4. Notwithstanding the Council's comme~= period, you should proceed to incorporate this new SAC rate into your collection process effective January 1, 1986. The new SAC Manual for 1986 is enclosed for your information. Under separate cover, a copy of this letter will be forwarded to the office iH your city that issues building permits along with SAC forms for 1986, and the new SAC Manual. If you h~ve any questions, please contact the Comptroller's Office. Your fine cooperation in the past has been greatly appreciated. Sincerely, [~OUIS J. BREIMHURST CHIEF AD.~.INI STRATOR [..lB: RLB; pp Enclosure cc: Building Inspections Department 350 Metro Square Building. Saint Paul, Minnesota 55101 6~2-222-8423 Hutchinson Community Development Corp.,_ 45 Washington Ave. East ~ Hutchinson, Minnesota 55350 ~ BOARD OF DIRECTORS Prin. Ronatd J. McOr'dw Attorn~' al Law YK~ Pre.~. Arlhur L C~r First Nalio~l ~nk ' ~c~/Trca~. Chad B. Pichl Ccflificd Public AcCL Pa~ncr. ~lcr~)n ~ T,A. (Buzz) Butich Ex. V.P. Ci[i~n~ Tom V.P.. Gcflcra~ A. Fixture F~, ~an Glenn M~lejka Supt. (~' f~ ~uo yea~6 o~ nego~J~Zon, ,a. de~/ o~ ~ mo~, ~ T~ ~ ~or a c~eb~on and yo~'re ~u~ed. ~he ~ ~ ache~ed to ~ve ~ the H~c~on de~ ~ 2:~9 ~.m. ~ ~ 6ho~ p~g~ schemed ~ 2:J9 p.m. We ~ ~en o~ ~ o~ ~e de~t, ~ad coach,, ~d eng~e. Co~ee ~ doug~ ~ be 4~ved. ~ ~ ~ ~ve by ~ c~ ~ ~:44 p.m. The ~g~e~ ~ ~ o~ ~ ~ ~on9 ~ ~e Dev~opme~ Corpo,~ inure you ~ join th~ ~or t~ m~o~bl~ Since,~.ely, y Ros6~, Presidznt Hutc/~t~n Area Chamber of Commerce H~tc[~i,,~on Ambassado,~ McLeod Cou~y Regional ~ A~tho,~ity Hutchinson Community Development Corporation n'OOZ ~OA ~ON~ 0£ ~NV~ 3~ 0993H Ars NY NI dO£S''V3~¥ DNI~N~OBBflS 3H£ ~NY 3NI9 ~0 NO S3I£N~UUO) 3H~ ~0 £BYd 9V£IA V ~NI3B O~ ~¥~0~ S~009 9IVB ¥£0~¥~ ~IVS SSO~ ~'.~0 onoBd 38 99I~ 3NOAB3A3 ~3NNV~ V NI S~3ddIHS B~O ~NV 39dO3d 3H~ DNIAB3S 0£ OBV~BO~ ~NINO09 3~¥ AgS~OIXN¥ 3~O3£¥£S SSO~ · SZN3~2AONd~I ~2H£0 H£I~ ~NOgY £S¥99¥B ~0 NO£ ONYS~OH£ A£NIH£ ON¥ S2I£ ONVS~OH£ N33~I~ $ONOI~V99V£SNI 3H~ HZIM 3NI9 3HZ 0£ 3NOO'3B 99IM £N3U3AOBdUI 3BOU DNINdS AgN¥3 NI 'N3£NI~ 3H£ BO2 NOI~¥N3dO 3~¥S ZNOdd~S 0£ NOIZI~NO) NI MON SI 2NI9 3H£ ~3£V£S 9IVN ¥£0~Y0 ~0 £N3~IS3Nd ~SSOB ANN3P 'S£B3Agfl) ~NINY392 ~NY ~NI)¥gd3B AB 3NI9 3H£ DNOgY ~YNIYN~ ~3AOBdUI SYH M2N) 3H£ '3INIYNd N3ZS39 ~N¥ Y£YZAY~ Ag£SOU ~3NI9 3H£ NO S£OdS ~YB 3H£ 3AOBdUI ~NV 3)Y~N~S 0£ £N3~dI~3 A~YSS3)3N ON¥ 39dO3d 3AI~ NI £HD~O~B ~IVB ~0~¥~ 3~I£ £VH£ £V 'H£9~ '£d3S NO 3B3H£ S3)I~O BI3H~ d~ £3S 0£ 03£ZIUB3d S¥~ ¥£0~¥~ .~'N'B ~0 £BOdd~S 3H£ H£I~ '£0d30 NB3HZBON NO£DNIgB~B 090 3H£ NI A£I^IZ3Y 3~BY~3~ISNO) ~3)I£0N AgBYBO~d 3^¥H ~OA '.,J ., HOWard ':. .. ~!: ckford ! ..., . ....~Lake Montrose .-"j: ' - - J · Spri j J G~ sf° Silver ew · La ~rman i jHutc a. ~. t/vt. Lesterl · ' :Ma~,ef ? . Prairiel , ' Young , J- M ¢ E' O' O Amerlc~ ',' a Io I. ' i.sZ.__., ~,. Browntoni-..---- '-~,Bongards' EPIN R ara 335'-C CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A W~TER SKI SCHOOL AT 2627 COMMERCE BOULEVARD ON LAKE LANGI]ON. NOTICE IS HEREBY GIVEN that on Tuesday, December 17, 1985, at 7:30 at the City Hall, 5341 Maywood Road, Mound, Minnesota, a hearing will be held on the issuance of a conditional use permit for a water ski school. The proposed facility will offer water ski, windsurflng and sailing lessons and rentals. Ail persons appearing at said hearing will be given the opportunity to be beard. Fran C. Cl~ark-, ' L! privileges and crime, who shall of the executive loved to the state thereof, escaping ~, be discharged e party to whom s Union; but no other state, nor )f states, without of the Congress. eedful rules and le United States, ce any claims of the Union a tgainst invasion, the legislature necessary, shall le legislatures of lg amendments, as part of this e several states, other mode of .endment which ght shall in any irst article; and ~e in the senate. tdoption of this .~onstitution, as aH be made in tde, under the and the judges or laws of any ~embers of the ~of the United to support this fication to any Ixi CONSTrru'HON OF THE UNtieD STATES AMENDMENTS In addition to, and amendment of, the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several states, pursuant to the fifth article of the original Constitution. AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibit- ing the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, or to petition the government for a redress of grievances. AMENDMENT II A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. AMENDMENT III No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. AMENDMENT IV The right of the people to be secure in their persons, houses, papers and effects, against um'easonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched and the persons or things to be seized. AMENDMENT V No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war and public danger; nor shah any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shah private property be taken for public use without just compensation. AMENDMENT VI In aH criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shah have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. AMENDMENT VII ~icient for the same. In suits at common law, where the value in controversy shall exceed twenty dollars, the fight of trial by jury shaH be preserved, and no fact tried by a jury shall be otherwise re-examined in any court in the United States than according to the rules of the common law. ! CITY of MOUND MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: Mound City Council Jan Bertrand, Building Official December 10, 1985 Appeal of Court's Action on Property at 1721 Dove Lane Steven Coddon vs. City of Mound At the December 9, 1985 meeting, the Planning Commission was made aware of the Court's action on the property at 1721 Dove Lane. After discussion, the following motion was made: Weiland moved and Byrnes seconded a motion that the Planning Commission strongly urges the City Council to vigorously appeal the Court's position. The vote on this motion was unanimously in favor. JB/ms An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs ancl activities privileges and :rime, who shall ~f the executive )red to the state hereof, escaping ~, be discharged ~ party to whom i Union; but no other state, nor f states, without )f the Congress. xn:lful rules and le United States, :e any claims of the Union a tgainst invasion, the legislature : necessary, shall ~e legislatures of ng amendments, as part of this le several states, other mode of aendment which ght shall in any fu'st article; and tge in the senate. adoption of this Constitution, as hall be made in adc, under the and the judges or laws of any nembers of the h of the United l to sUpport this Lification to any Ixi CONSTITUTION OF THE UNITED ~rA'FES AMENDMENTS In addi:ion to, and amendment of, the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several states, pursuant to the fifth article of the original Constitution. AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibit- lng the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, or to petition the government for a redress of grievances. AMENDMENT II A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. AMENDMENT III No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. AMENDMENT IV The right of the people to be secure in their persons, houses, papers and effects, against um'easonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched and the persons or things to be seized. AMENDMENT V No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in eases arising in the land or naval forces, or in the militia, when in actual service, in time of war and public do_nger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against him~lf; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. AMENDMENT~ In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor;, and to have the assistance of counsel for his defense. ~fficient for the le same. AMENDMENT VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shah be otherwise re-examined in any court in the United States than according to the rules of the common law. THOMAS WUI~$T, Cul~?lS A. P£AI~$ON, JOlll[l"H ir. HAMILTON, P.A. JA~r~S D. L~$ON, P.A. THOMA~ ~ UND~I~WOOD, I~.A. MINN£APOLI$, MINN/SOTA $540 November 18, 1985 TI~ LE;PHO N E Mr. Robert Polston, Mayor City of Mound 5780 Lynwood Boulevard Mound, MN 55364 Re: Hazardous and Substandard Structure 1721 Dove Lane, Mound Mound v. Steven C odd on Dear Bob and Councilmembers: We are enclosing herewith an Order signed by Judge Lindsay G. Arthur under date of Nove~oer 12, 1985. The City is faced with a real dilemma, and the Judge has indicated that the City has some choices. 1. The City's petition and request to require the building to be removed is granted ky the Court, but subject to certain conditions. 2. If the house comes down, one of the options is that the City should grant Mr. Coddon a variance so he can rebuild the property. 3. If we do not allow him to tear down the house and rebuild it, we should grant him a variance so that he can rehabilitate the structure, or 4. The City must commence condemnation proceedings to purchase the p~operty in its current status. The Court has indicated that if the City does not make a decision and file it with the Court prior to December 14, 1985, the Court is going to make the election after the hearing. The order and the Court's memorandum are enclosed. I am also enclosing for your benefit a copy of the memorandum of the City of Mound filed with the Court at the time this action was pending before Judge Arthur. WURST, PEARSON, HAMILTON, LAR$ON & UNDERWOOD Page 2 Mr. Robert Polston, Mayor City of Mound November 18, 1985 I am sending this material and this letter to your home, and I am asking that it all be kept confidential. I feel that we will probably be meeting with the Council early next week in an executive session, and I want to include this litigation for your consideration. The options which are available to the City are not very good in any respect because whichever route is chosen by the City Council, it does not do what our planning and zoning ordinance was designed to do. In effect what the Court is saying is that if we require him to tear down the house and refuse to give him a permit to rebuild it, and if the neighbors have no interest in the property, we in effect have taken his property because there is no other or worthwhile use for the property. That leaves the City with some unpleasant options. a. It means that 3200 square foot building lots upon which structures are located in the City of Mound and which have lands adjacent thereto with construction or with people who are not interested in the property may very well require the City to allow those uses to be rehabilitated, brought up to code, or rebuilt. b. The City would have to start a scattered site relocation or rehabilitation program where in effect it would condemn these properties as they come up. As an example, in this case the City would require the razing of the house, but then would enter into negotiations or condemnation to acquire the property in the City's name. Before such a program could be entered into, the City would have to study these kinds of problems and determine a financial method by which it could handle that t'.ype of a problem. I hope the Council will study these documents carefully because we really have some extremely important decisions to make. The City could appeal Judge Arthur's order, but all this would do would be to give an appellate court the opportunity to say the same thing and make it the law of the state, and I think I would rather live with this decision and this particular problem and leave our options open on future parcels of this nature as they come up, trying to handle them on a one by one basis. If you have any questions or comments prior to the meeting, please contact me. CAP: ih Enclosures CC: Very truly yours, Curtis A. Pearson City Attorney Ms. Fran Clark, Acting City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN In the Matter of the Hazardous and Substandard Structure located at 1721 Dove Lane, Mound, Hennepin County, Minnesota 55364 DISTRICT COURT FOURTH JUDICIAL DISTRICT ORDER File No. 85-10205 The above-entitled matter came duly on for hearing before the undersigned on October 17, 1985 upon motion of Petitioner City of Mound. James D. Larson, Esq., appeared on behalf of Petitioner; Respondent Steven Codden appeared pro se. Based upon all of the files, records and proceedings herein, Dated: IT IS ORDERED, That: 1. The City's petition for an order requiring the razing of the house is granted in the interest of the public safety. 2. The City is ordered, prior to December 14, 1985, to file with the Court its election either to a. Grant the previously requested variance to raze and build, or b. Grant the previously requested variance to rehabilitate, or c. Commence condemnation proceedings If the election is not so filed, the Court will make the election after a hearing. 3. The attached memorandum is incorporated by reference. BY THE COURT: Judge of the District Court MEMORANDUM The City of Mound has an ordinance which provides that no structure can be built on a lot of less than 6000 square feet. Respondent owns a lot of about 3200 square feet on which there is a house pre-dating the ordinance. Respondent requested a variance from the City to raze the house and build a new one on the lot. The City denied the variance. The City has another ordinance forbidding the rehabilita- tion of "grandfathered" houses if the cost would exceed 50% of the value. Upon being denied a variance to raze and rebuild, Respondent requested a variance to rehabilitate the house at a cost considerably more than 50% of the value. The City also denied this variance. Respondent then tried to sell the lot to the abutting owners who refused even to make an offer. Respondent is thus left with a piece of land in a residen- tial area with frontage and a dock on Lake Minnetonka which has no value whatsoever because of the City's ordinances and its denials of variances and because the City now seeks to force Respondent to expend the money necessary to raze and remove the house because it is unsafe, has a negative value. The ordinances and denials thus amount to a taking of Respondent's property for a public purpose without compensation. LGA STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT In the Matter of the Hazardous and Substandard Structure located at 1721 Dove Lane, Mound, Hennepin County, Minnesota 55364 MEMORANDUM OF CITY OF MOUND SUPPORTING APPLIC- ABLE PROVISIONS 'OF THE MOUND ZONING CODE The Municipal Planning Act of 1965 gives municipalities "the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning." Minn. Stat. See. 462.351. Section 462.357, subd. 1, provides in relevant part: "For the purpose of promoting the * * * general welfare, a municipality may by ordinance regulate the location * * * (and) the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, flood control or other purposes, and may establish standards and procedures regulating such uses. The regulations may divide the municipality into districts or zones of suitable numbers, shape and area." The Act, therefore, expressly gives municipalities the power to create residential districts as part of a comprehensive zoning plan. In discussing this power to create residential districts, the court in Naegele Outdoor Advertising Co. v. Vii]age of Minnetonka~ 281 Minn. 492, 162 N.W.2d 206 (1968), stated: "The act, therefore, expressly gives municipalities the power to create residential districts as part of a comprehensive zoning plan. Thus, today no one can seriously contend that the creation of exclusively residential districts is beyond either the constitutional or statutory power of a municipality." 162 N.W.2d, at 215. In the instant case, the property is non-conforming because the lot is undersized. The zoning code requires a minimum 6000 square foot lot size in a residential R-2 zoning district. The lot in question is only 3200 square feet. Therefore, when the zoning code was adopted~ the lot and the structure thereon became non-conforming. The effect of non-eonformancy is set forth in Mound Zoning Code, Section 23.404, which provides in Section 23.404(1)(2) and (7): "Non-Conforming Uses -~. (1) Any structure or use lawfully existing upon the .~ effective date of this Chapter may be continued at the size and in a manner of operation existing upon such date. (2) Nothing in this Chapter shall prevent restoring of a structure to safe condition when said structure is declared unsafe by the City, providing further that the necessary repairs shall not constitute more than 5096 of the fair market value of such structure. (7) Normal maintenance of a building or other structure containing or related to a lawful non- conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use." These zoning provisions allow the use of the non-conforming structure to continue, but not indefinitely. When the structure has deteriorated to the point that it is declared unsafe and the cost of necessary repairs will exceed 50% of the fair market value of the structure, Sec. 23.404(2), or repairs are required to structural members, Sec. 23.404(7), then' the repairs shall not be made and the useful life of the structure has come to an end. Sec. 23.404(7) is a recodification of code section 23.20(a), originally adopted in 1945 when the property was zoned A-2. Sec. 23.20(a) prohibited structural repairs of non-conforming structures. Thus, the non-conforming structure in question has been amortized over a period of 40 years. In Naegele, supra, the court approved as reasonable a Minnetonka zoning provision which amortized over three years, commercial outdoor billboards which were rendered -2- non-conforming by the Minnetonka zoning code. In _Naegele, the court noted: "Traditionally it has been held that, while an exclusively residential zoning ordinance enacted under the police power may constitutionally prohibit the creation of new nonconforming uses, e, xisting nonconforming uses either must be permitted to rerdain or must be eliminated by use of the power of eminent domain. See, Hawkins v. Talbot, 248 Minn. 549, 80 N.W.2d 863. This rule, however, does not require that preexisting nonconforming uses be permitted to expand or be rebuilt upon destruction, and accord~§ly many ordinances expressly prohibit expansion or reconstruction of nonconforming uses. It was thus hoped that nonconforming uses would soon vanish due to destruction, exhaustion, or obsolescence. This, however, has not happened. These nonconforming uses have often enjoyed an unchallenged monopoly in the residential areas because of the zoning ordinances, and with reasonable maintenance, they have prospered instead of withering away. In recent years a number of municipalities have sought to eliminate preexisting non-conforming uses by means of so-called amortization provisions, of which the Minnetonka provision is a prime example. The theory behind this legislative device is that the useful life of the nonconforming use corresponds roughly to the amortization period, so that the owner is not deprived of his property until the end of its useful life. In addition, the monopoly position granted during the amortization period theoretically provides the owner with compensation for the loss of some property interest, since the period specified rarely corresponds precisely to the useful life of any particular structure constituting the nonconforming use." 162 N.W.2d, at 213. The Mound zoning code non-conforming use section is an amortization provision similar to Minnetonka's. When applied to Mr. Codden's structure, it operates to prevent structural repairs and substantial and expensive renovation that exceeds 50% of the value of the structure. If Mr. Codden could make structural repairs and an expensive renovation, he could defeat the purpose of the Municipal Planning Act by adding to the life of his nonconforming structure, perhaps indefinitely. In upholding the Minnetonka amortization provision, the Naegele. court articulated the rationale behind a compenhensive zoning plan: -3- "In order to make this power to create exclusively residential districts effective, municipalities must have the power to prohibit the construction of future nonconforming uses and to require the removal of old ones. The continued presence of preexisting nonconforming commercial uses within these residential districts may reasonably be found to vitiate the effectiveness of the entire comprehensive municipal plan. A district can never be exclusively residential until all nonconforming uses are eliminated. The legislature, in giving municipalities broad land-use-planning powers, could not have intended to render them ineffective by denying to municipalities the power to eliminate preexisting noncon- forming uses. Thus, even though the enabling statutes do not expressly give municipalities the power to eliminate nonconforming uses, such a power is necessarily implied from the broad grant of power to establish and implement a comprehensive municipal plan." 162 N.W.2d, at 215. The amortization provisions of the Mound zoning eode are reasonable, particularly in view of the actual 40 year amortization of the property in question. It is now time for the structure to be removed as it has reached the end of its useful life. No compensation is required because the amortization period was reasonable under the holding in Naegele. James D. Larson #6063X WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD 1100 First Bank Place West Minneapolis, MN 55402 (612) 338-4200 Attorneys for the City of Mound -4- CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 December 6, 1985 TO: CITY COUNCIL FROM: ACTING CITY MANAGER RE: P.S. TO AGENDA Phyllis has asked to have the Codden matter brought up again for further consideration. Materials on this matter are attached. There will be an Executive Session during Tuesday's meeting. An equal opportumty Employer that does not discriminate on the basis of race, color, nationa! origin, or handicapped status in the adm~ssio~ or access to or treatment or emp;oymentin,~ts programs and activities. December 5, 1985 Mr. Curt Pearson Mound City Attorney ll00 1st Bank Place West Minneapolis, Minn. 55h02 Re: 1721 Dove Lsne Dear Mr. Pe=rSon: Enclosed is photo copy of my purchase agreement purchasing 1721 Dove Lane for $9,000 on December 3, 1984. Enclosed is Quit Claim Deed for equity interest that I purchased from vendors. Enclosed is assigment of Vendors Co~tr~ct. Enclosed is copy of Vendors Contradt. In the interest of working with the City of Mouhd I am willing to acceDt $9,000.00 as pa~ent in full for 1721 Dove Lane. Please understand t~at I have made ll payments of $72.00 since buyin~ the property sn8 I am willing to forgo reembursement for these payments if this matter can be taken care of within a reasonable time period. Yours truly, Steven Coddon PURCHASE AGRBB1v _. ~ ~2~ 2385 Shad.ywood Road ~oz t5 Navarre, Minnesota 5539~ REALTOR' ~ ~TA~' ~.e: 471-84~7 Whdw d Prop , We're Hattonal, but we're Neighborly.r. Navar,. Minn. ...........~.~.,._.."/. ...... 19p_,~ .... RECI!IVI~ O1~ ..................... S.t .a.v. en... C. od ~.on. ....................................................................................................... sum o~ ....... F.~.e...hvmir.ed ...., ........................................................................... ..................................... .C..~.~.ck ............................. {~k. ~h. m ~ d~i~ u~ accents, ~ N~e ~ State ................................................... 1T.~ ~...~.w.e... ~ ~... Ne.wu d.,.~.~.s.o.t m ................................ i~cluding all garden b~dbs, plants, shmb~ and trres, all storm sash, storm doors, detachable vesdbulc~, sc~eeas, a.w.ain.~, window shades, blinds (including venetian blinds), curtain rods, traverse rods, draper~ rods, lighting ftxtmes and bulbs, plumbing fixtures, hot water tanks and heating plant (with any briners, tanks, stokers a?,,,d other equipment .used in connection therewith), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, incinerator, built-in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on ~s~id premises and including also the followin, g personal proReny: The buyer is a license Real Esgate agent ann is ouying the property to ~rove f~r rental or re'aale. Buyer will handle his ovm closing. ~Jl of which property the tmdersig~.~, has ~ day sold to_ the buyer for the sum of: wMch the buyer agrees to l~y in the t~ollowing m~m~ er: ~ ~.~-~ ...... ~ F~Z um n ta lment~ $ .......... ; ................ pet monr~ or mo~e. at the option of the buyer, including interest ar the rate of ........................ t~ l~t ann? com..puted on unp,ud b~lanc~. Interest shall run from ......................................................................... First ~/ment shall be due a~o payaDte_.on Buyer will assuane the existing contract for deed with terms set in the existing contract with Robert Thrift and T.lq. flames and Cath~ine Forema Buyer will pay one'half of the commission of 7~. seller p~y[ng o%her hal~o Buyer [s bu[±ng property as is condition no warr~nt~ given b~ seller as to condition or what .~mprovements can be done to the propert~o Subject to. Pe,rf,onna~ce b~ the ~ the ~def ~ec~ to execute and deliver a ............................................. ; ............... ; .............. ~'~t~ty Deed (co be jomed ~ b~k!f _a~_r) conveying marketable title to said premises subjec~ only to the followtag excelx~om: ................ =.~.~ , . urea. neici by (~.~U~-~~ Anne Merten holder of .the ( o n~ interfere with present ~rowementm first Contract for deed. (e) Rights of ren~ts ~s [ollow~: (u-l~s sped~ed, .ot subi~ to tea~-ci~) · The buyer shah pay the real estate taxes due in the year 198~ ...~.a~d any unpaid installments of spaclai assessments parable th. eje~:ith · ad thereafter. Seller warrants that real estate taxes due in the }'ear 19..~.~.... will be .......... lq, On ................ :....:. homestead cla~$ificatmn (full, partial or non-homestead ~ state which) .................. .~Ll.~r.~ ......................will Pay....al..'[. .......... months of the ~pecial assessments included in the taxes payable ia 19 Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning th~ mount of real eatat~ taxes which ~hall be assessed against the property subsequent to the date of purchase. Seller covenints that buildings, if any, are entirely within the boundary lines of ~e property a_qd a_gr_ees ~o~ ~¢m0we all personal p_ro_l~__ay~ not included herein and all debris from the ~remises t~rior to t~ossession The seller further agrees to deliver possession not later than ........ ~lo $~.n.g...~ re' provided that all conditions of this ~greement have been complied with. Unless otherwise specified this sale shall be closed on or b fo 60 days from the date hereof. la the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustrgeots o[ rents, interest, insurance and city water, aM, in the case of income property, c~rrent operating expenses, shall be made as of . C..I. OS.'I I~g ................................................................................ ', The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property Abstract certified to date to include proper s.-arches coveting bankruptcies, and State and Federal judgments and liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said obiectioa~ to be made in ' writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon corre,,-tion of title and within 10 days after written notic~ to the buyer, the patties shall Perform this agreement according to its terms. ' . ' If Sa~d title is not marketable and is not made so within 120 days from the date of written obiections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder m the other principal. All money theretofor~ paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within ~aid time, and said buyer shall default in any of the agreements and continue in default for a Period of I0 days, then and ia that case the seller ma}, terminate this contract and on such termination all the pa},m.ent~ ma. de upon this contract shall .be rets!ned by ~ald seller and sald agent, their respective interests may appear, as liquidated damages, ttme bemg of the essence hereof. Thus provasion shall ~o¢ deprive either party the right of enforcing the specific performance of thLs contract provided such contract shall not be terminated as ~om~id, .ad pro, ideal action to enforce such specific per/ormance al'all be eommenced within six months after such right of action shall ~rise. It is under~tood and agreed that this sale is made subject to the approval by the owner of $~id premises in wrltiag .ad that the under- signed agent is in no ma. suer liable or responsible on accurst of this agreement, except to ~ or account for the e~,aest mo~r paid under this contract. $~:ltA:~. PLEASE INITIAL ~ FOLLOWING: --'~.~ Seller wtrmat$'thst the property Ls dlreetly connected to city sewer ..... '~e-5 ...... , cit~ w~ter ...... ~.~.a .......... ~'~'L.-/"' Seller .... _..l~ttOt ............ Eled ho~aesread exempt:o for taxes due ~d parable in ~ ~SD .............................................................. e~.~_.~p.,',~shall have ,, lO , days to either accept er reject this offer. CRI~TUR¥ ~I Wind~:trd properti~, Inc. CP.3gTUR¥ 21 Wlm~a~d Properties, Inc. I 6.creby a~ee.to pu~hase the said pmpen7 fo~ the price ~nd upon the t~rn~ above mentioned, and ~b}ect to all l, the undersigned, owner of the above land, do hereby appruve the above agreement and the sale thereby m,Ae. Seller Buret &' Form No. 27-M QUIT CLAIM DEED No delinqUent taxes -and transfer entered; Certificate of Real EsTate Value ( ) filed ( ) not required Certificate of Real .Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Dated:D~'.~/, 1984 (reserved for recording data) FOR VALUABLE CONSIDERATION, Robert Lyle Thrift and Marjorie M. Thrift, husband and wife, Grantor(s), hereby convey(s) and quitclaim(s) to Steven Coddon, Grantee(s), real property in Hennepin County, Minnesota, described as follows: Lot 6, Block 11, Dreamwood, according to the duly recorded plat thereof. together with all hereditaments and appurtenances belonging thereto. Ma~Vie M. Thrift -1- ,9 - Z S C05.00~ A~IGNM]~IT 01~ CONTRAC~ FOR DEleD No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required YF.K I]It """"" Date: , 1984 FOR VALUABLE CONSIDERATION, Robert Zyle Thrift/and Marjorie M. Thrift, husband and wife, Assignor (whether one · or more), hereby sells, assigns and transfers unto Steven Coddon, Assignee (whether one or more), the purchasers interest in that certain Contract for Deed dated the 14th day of May, 1982, made by Terry R. James and Catherine Foreman, husband and wife, as Seller, and Robert ~yle Thrift and Marjorie M. Thrift, husband and wife, as Purchaser, recorded and/or filed in the office(s) of the County Recorder and/or Registrar of Titles in and for the County of He.nnepin, State of Minnesota, on the ~ ~¢ day of , 19~2 , as (Document No.) -' in Volh~me U~£~ ~/~ _, ~~~/~,,! ) and/or (Document No. in Volume , page ) for the sale and conveyance of real property in said County and State, described as follows: Lot 6, Block 11, Dreamwood according to the duly recorded plat thereof. Subject to all the covenants of Assignor in said Contract for Deed contained, which Assignee hereby assumes and agrees to keep and perform. -1- Tarry I. J~s and Catherine For~n. husband ~rt ~S o[ fke~r~t ~rf. ,md ~rt Lyle ~r~fc b~ o~ I,w~rr'a dN~i~le rert~te of title. M~m I k r p~pI unll fMII ~rf, rm,~re b~ mid ~rtleJ of t ke ~P~ ' and ~r~t~ of .Minneso,a. de~rrihed ~ f~lou~. Io-~dl : J~... Sold parti, s of the second oftkr~rst ~rt. at . ~ d~~.. ia me,,er e~ ct times/~lo&4,~, to-~t: $3.5~.~ ~n ~ paid. · CiFC hy l&. 1982. ~ ~c~ ~ t~ ~ app~ to pr~XM~. oa ~td pr~r~y ~ch ~Zrac~ for ~r ~r~ to pay ~c it ~ncr~t for de~ pacts. ~id pa~te ~ d~uct th~ fr~ chis contract for de~.