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1984-01-17
CITY OF MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 17, 1984 CITY COUNCIL CHAMBERS 1. Approve Minutes of January 3, 1984, Regular Meeting Pg. 45-50 PUBLIC HEARING Proposed Vacation of Park Land in What is Known as Lagoon Park in The Highlands Pg. 51-69 PUBLIC HEARING i Delinquent Utility Bills - July 1 - December 31, 1983 Pg. 4. Review and Approval of 1984 City Insurance Program (to be handed out at meeting) Earl Bailey - Bill Husbands 70-71 5. Visit from Mr. Pat Weber - Senator Boschwit'z's Office Pg. 72 6. Comments & Suggestions from Citizens Present Set Date for Public Hearing: Application for a Conditional Use for Commercial Docks, Suggested Date: February 14, 1984 Set Date for Public Hearing: ProPOSed V~cation of Excelsior Lane from Wilshire Blvd. to Cavan Road Pg. 73-80 Pg. 81-85 Review of Quotations for Painting City Hall Interior - Eklund Co., Inc. - Mtka. Painting & Decorating Co. - Supplee Brothers Pg. 86-90 10. Request for Set-Up License - Mound Lanes, Charles Carlson Pg. 91-92 11. PAYMENT REQUEST: A & K Construction - Booster Pump Station - $47,204.19 Pg. 93-99 12. Set Date for 1984 Local Board of Review - Suggested Date: M~y 29, 1984 at 7;00 P,M, Pg. 100 13. Ordinance Amendment - Chapter 15, Section 15.08, subd. (c) - Regulating the Disposal of Wastes, etc. Pg. 101-115 14. Ordinance Amendment - Chapter 39, Section 39.05 - Licensing and Regulation of Dogs - License Fees Pg. 116 PAGE 43 15. 16. 17. 18. 19. Amend 1983 Mound Bay Park Lawcon Project #LW 27-01083A1 Application for a Bingo Permit - Westonka Seniors Review of 1984 City Mill Rate - Verbal Report Payment of Bills INFORMATION/MISCELLANEOUS A. Copy of Letter Re: Tonka Sewer Claim B. AMM Bulletin Announcing Membership Meeting, Tuesday, January 31, 1984 C. Memo from Saul Smiley Re: Town Square D. Chamber of Commerce "Chamber Waves" E. Westonka Christian Services Newsletter F. A. T. & T. Memo G. Hubert H. Humphrey Institute Newsletter H. MWCC Letter Re: Orono Interceptor I. Popham, Haik Open House J. Metro Council "Review" December 23, 1983 K. Draft Copy of Proposed Sign Ordinance L. AMM Proposed Legislation M. Letter Re: Wagman Case Pg. 117-118 Pg. 119 Pg. 120-121 Pg. 122 Pg. 123 Pg. 124-125 Pg. 126-127 Pg. 128-130 Pg. 131-132 Pg. 133-134 Pg. 135-138 Pg. 139-142 Pg. 143 Pg. 144-145 Pg. 146-164 Pg. 165-195 Pg. 196 PAGE 44 January B, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound. Minnesota met in regular session on January 3, 1984, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road. Those present were: Acting Mayor Pinky Charon, Councilmembers Phyllis Jessen, Gary Paulsen and Russ Peterson. Mayor Bob Polston was absent and excused. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Clerk Fran Clark and the following interested citizens: Larry Connolly and Tom Reese. Acting Mayor Charon opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the December 20, 1983, Regular Meeting were presented for consideration. Paulsen moved and Jessen seconded a motion to approve the Minutes of the December 20, 1983, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. COUNCIL ACTIONS; ORGANIZATIONAL MATTERS APPOINTMENT OF ACTING MAYOR Peterson moved and Paulsen seconded the following resolution: RESOLUTION ~8~-1 RESOLUTION APPOINTING PINKY CHARON ACTING MAYOR FOR 198~ The vote was unanimously in favor. Motion carried. DESIGNATION OF OFFICIAL NEWSPAPER Jessen moved and Paulsen seconded the following resolution: RESOLUTION ~84-2 RESOLUTION DESIGNATING THE LAKER OFFICIAL NEWSPAPER FOR 1984 - The vote was unanimously in favor. Motion carried. DESIGNATION OF OFFICIAL DEPOSITORIES Paulsen moved and Peterson seconded the following resoIution: RESOLUTION $83-3 RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1984 The vote was unanimously in favor. Motion carried. 2 January B, 1984 PURCHASE OF CITY CLERK'S BOND Peterson moved and Jessen seconded the following resolution: RESOLUTIONS84-4 RESOLUTION APPROVING THE PURCHASE OF $20,000 BOND FOR CITY CLERK The vote was unanimously in favor. Motion carried. PURCHASE OF CITY TREASURER/FINANCE DIRECTOR'S BOND Jessen moved and Paulsen seconded the following resolution: RESOLUTIONS84-5 RESOLUTION APPROVING THE PURCHASE OF $20,O00BOND FOR THE CITY TREASURER/ FINANCE OFFICER The vote was unanimously in favor. Motion carried. ~PPOINTMENT,OF COUNCIL REPRESENTATIVES TO PLANNING, PARK AND ~ABLE, T.V. COMMISSIONS Peterson moved and Jessen seconded the following resolution: RESOLUTION ~84-6 RESOLUTION APPOINTING PHYLLIS JESSEN TO THE PARK COMMISSION, PINKY CHARON TO THE PLANNING COMMISSION AND GARY PAULSEN TO THE CABLE T.V. COMMISSION AS COUNCIL REPRESENTATIVES FOR 1984 The vote was unanimously in favor. Motion carried. ,COMMENTS & SUGGESTIONS, FROM CITIZENS PRESENT Acting Mayor Charon asked if the public had any comments or suggestions. .There were none. BONDS FOR 1983 WATER IMPROVEMENT The City Manager explained that rather than deplete the cash reserves of the water fund we should sell bonds to pay for the 1983 Water Improvement. Peterson moved and Paulsen seconded the following resolution: RESOLUTION ~84-7 RESOLUTION AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO BEGIN TO NEGOTIATE THE SALE OF BONDS FOR THE 1983 WATER IMPROVEMENT NOT TO EXCEED $300,000 The vote was unanimously in favor. Motion carried. January 3, 1Wo~ PETITION FOR STREET IMPROVEMENT OF DENBIGH ROAD The City Manager explained that the City has received a petition from the residents of the unimproved section of Denbigh Road asking that the City conduct a cost analysis/feasibility study for the purpose of improving that section of road to a public street. Peters6n moved and Jessen seconded the following resolution: RESOLUTION ~8~-8 RESOLUTION ACCEPTING THE PETITION AND ORDERING PREPARATION OF REPORT The vote was unanimously in favor. Motion carried. REDUCTION IN BOND FOR DOW-SAT OF.MINNESOTA The City Manager explained that Dow-Sat has notified the City of their completion of construction in the initial Cable T.V. ser- vice area. The system now totals over 42 miles of aerial and underground cables and over 700 residents are no~)subscribing to their service. Under the terms of the ordinance the City may reduce the amount of the bond upon the completion of construction of the initial service area to $1,000.00. Their~letter of credit in the amount of $10,000.00 will remain in effect. Paulsen moved and Peterson seconded_ a motion, to reduce the amount of. the bond for Dow-Sat of Minnesota to $1,000.00- because of completion of construction of the initial service area. The vote was-unanimously in favOr. Motion carried. C,B,D, PARKING LEASE - DR, ROBERT LAUER The City Manager explained that the CitX now has a executed copy of Dr. Lauer's CBD Parking Lot Lease. This lease will run-~ for 10 years until 1993. Dr. Lauer's lease expired in 1980. Peterson moved and Jessen seconded the following resolution: RESOLUTION ~84-9 RESOLUTION APPROVING THE CBD PARKING LOT LEASE WITH DR. ROBERT LAUER ' The vote was unanimously in favor. Motion carried. EVACUATION ORDINANCE The City Manager explained that this amendment was put together because of Rager's Three Points Inn and has been worked out by the City Attorney and the City .Prosecuting Attorney. Peterson moved and Jessen seconded the following: January 3, 1984 ORDINANCE ~456 AN ORDINANCE AMENDING SECTINO 11.50 SUBDIVISIONS 15 AND 16 OR THE CITY CODE RELATING TO HOURS OF OPERATION AND RESTRICTIONS INVOLVING SALES TO MINOR OF INDICATING LIQUOR; AND AMENDING SECTIN 32.07 SUBDIVISION (e) AND ADDING SUBDIVISIONS (1) AND (m) RELATING TO AGE OF MINORS AND HOURS OF OPERATION FOR NON- INTOXICATING MALT LIQUOR The vote was unanimously in favor. Motion carried. MUNICIPAL CAUCUS The City Manager explained that a group of cities has formed what they are calling "The Municipal Caucus" mainly to lobby for state aid. They have asked Mound to join for $200.00 per year. The Council discussed the above and decided not to join at this time because the City already belongs to the League of Minnesota Cities and the Association of Metropolitan Municipalities. The City Manager will keep the Council informed of the progress of the Municipal Caucus. PAYMENT OF BILLS Peterson moved and JesSen seconded a motion to approve the bills as preSented on the pre-list in the amount of $104,430.80, when funds are available. A roll call vote was unanimously in favor. Motion carried'. TONKA SEWER CLAIM The City Attorney explained that since December 20, 1983, when the Council directed him to commence litigation against Tonka Corporatin for delinquent sewer charges, negotiations continued and Tonka has now made a proposal to pay $190,693.86. He stated that if th~ Council wishes to accept this proposal they should pass a resolution authorizing settlement of the disputed claim. Peterson moved and Paulsen seconded the following resolution: RESOLUTION ~84-10 RESOLUTION AUTHORIZING SETTLEMENT OF A DISPUTED CLAIM WITH TONKA CORPORATION FOR DELINQUENT SEWER CHARGES The vote was unanimously in favor. Motion carried. APPOINTMENT OF AUDITOR. FOR,, 1983 AUDI~ Paulsen moved and Jessen seconded a motion to approve a quotation January B, 1984 from Abdo, Abdo & Eick, in the amount of $6,875 to prepare the 1983 audit, review of client prepared financial statements and report typing and proofing· Report preparation by Abdo, Abdo & Eick is an additional $825.00. favor. Motion carried. MISCeLLANEOUS/INFORMATION A. SeWer Rate Increase Letter. B. E® The vote was unanimously in HennePin County Board letter regarding Bruce Charon appointment to the Minnehaha Creek Watershed District. Twin Cities Labor Market Information - December, 1983. Park and Ride Survey Report for the parking lot across from the Post Office. Metro Council Review. Heartbeat Ind. School Dist. #227 Minutes from December 12, 1983. Jon Elam, City Manager Fran Clark, City Clerk 5o BILLS ...... JANUARY .3, 1984 Air Comm 28.22 Earl F. Andersen & ASsoc 13.68 Acro-MN 446.34 Holly Bostrom 245.00 Berry Auto 1 3.24 Boustead Electric 144.00 Bobs Bait Shop 12.70 Bowman Distribution 166.00 Jan Bertrand 46.81 Cargill Salt 999.88 Davies 'Water Equip 31 3.74 Jon Elam 9.57 Judith Fisher 7.22 Fire Contr61 Extinguisher 226.00 Henn Co. Treas. 1,852.25 Eugene Hickok & Assoc 1,229.80 Henn Co. Sheriff Dept 271.22 Island Park Skelly 33.50 Lakeland Envelope 262.35 Sharon Legg 52.88 Mpls Star & Tribune 163.20 Mpls Oxygen 21.00 Pitney Bowes Credit 26.00 Bob Ryan Ford 12.69 Shepherds Rental Rugs 18.85 Don Streicher Guns lO0. O0 Stevens Well 'Drilling 477.00 Sterling Electric Co. 129.03 Stern Levine Schwartz 135.00 Village Chevrolet 48.69 Uhited Business Machines 622.00 Van Doren, Hazard, Stallings 959.00 Water Products Inc 480.57 Widmer Bros. 5,209.75 Waconia Farm Supply 43.26 xerox, Inc. 340.02 Blue Cross/Blue Shield 137.01' Commissioner'of Revenue 5,587.47 Bill Clark Oil 187.O9 Jon Elam 26.96 Fidelity. Bank 11,312.98 Getty Oil 14.25 Griggs, Cooper 1,623.34 Johnson Bros. Liquor 4,149.22 Johnson Paper 297.69 Gateway Glass 742.50 Mound Postmaster 107.04 Mound Fire Relief 29,974.00 MN Dept Publ Safety-Liq 5.00 Mound Postmaster 80.00 City of Mound-P/C 34.78 Metro Waste Control 29,986.80 MAUMA 10.00 Ed Phillips & Sons 866.03 Air Comm 100.00 Burlington Northern 533.33 Fire Marshal Assn-MN 10.O0 Henn Co. Fire Chiefs Assn 10.00 Internatl Conf Bldg Official 60.00 LMCD 2,116.25 Metro Area Mgmt Assn 5.00 MN State Fire Dept Assn 90.00 MN Assn Cable TV Adm 240.00 Metro Fone 23.60 Real One Acqu!sition 675.00 Univ of MN , 115.00 Westonka Chamber Commerce 50.00 R.L. Youngdahl Assoc 100.00 TOTAL BILLS 104,430.80 CITY OF MOUND ~ound, Minnesota NOTICE Of PUBLIC HEARING ON THE PROPOSED VACATION OF PARK LAND IN WHAT IS KNOWN AS LAGOON PARK IN THE HIGHLANDS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN'that the City Council of the City of Mound will meet at the City Hall, 534) Maywood RoaU, Mound, Minne- sota at 7:30 P.M. on the 17th day of January, 1984 to consider the vacation of a portion of Lagoon Park in The Highlands Addition to create public access to Lake Minnetonka for the City. 'Such persons as desire to be heard with reference to the above will be heard at this meeting. Fr~ncene C. Clark, Ci-ty Clerk December 30, 1983 REED & POND ATTORNEYS AT LAW S4~4 SHORELINE BLVD, MOUND, MINNESOTA ~384 City of Mound 5341 Maywood Road Mound, MN 55364 ATTN: Jon Elam Dear Jon: I enclose a proposed Easement Dee~ to be given to the City by the Podanys. I also enclose a survey upon which I have sketched in red the area covered Dy the Easement. As you will recall we felt that an Easement would meet the City's needs just as well as fee title would and would eliminate the necessity of filing a registered land survey with the Registrar of Titles. Also your ordinance may well require side yard setbacks measured from the lot line but not from the Easement. This same Easement would have to be obtained from the fee owner and from the holder of the first Contract for Deed on the property. · Mr. Podany is a purchaser under a second Contract for Deed. Also partial release of the mortgage should be obtained. It will be difficult to accomplish all this before the hearing date on January 17th but if you want us to t~y to do so please o.k. the enclosed Easement and let me know. Sincerely yours, REED & POND Roger W. Reed RWR:j~ encls. cc: .Ned C. Podany '9NI ''09 KI!/O9 '~ N£~1~09 -%j 'bs 089{I = PUUI Xap jo aa~a~ ucul : o :~-6~-9 : 'u~q% ~u~pI~nq ~ul~s~xe '2u%pue ~z~q% oulI pres pu~ 'I 1o9 ~.te~ jo ~eu~oo -q%n~ leeJ 09 %~qslp t uo %ut~ v cq ~I~eqs~l%n~ Jo eou~p , 1%~ plus jo mutt XI~aq%ao~ eq% ~uole eq% %~ ~ulou~o9 :eu~I p~o~p-~u~.ollo3 ~y% jo eou~sTp e I ~ ~les jo eulI ~l~eq%ao~ &I~e%~saq~oN eoueq~ :1%~ pies jo ~eu~oo ~see~:~.. -ql~og eq% %u 2ul:,u~o9 :eu~I eq% jo ~la~ea puw *,,~pu~iq~lH ~u~pua ~JeU~ pus eaeq~ pus '~uc~ouu~ m>;~ ,lc -Ul~ jo qul~ ~Uq oq qo~J JO mull %~ ~ul ~uolm qqn~ ~oua4% (%01 pies jo t,~, u :f 'T' .$ O'tt vqcsouulK 'f%uno~ UldmUUmH Xuvpc~ 'D pan Joj spu~'Cq21H ag,:, 'Al. ~;~c,I~ '_' pu~ I ~%cC ul ~qo~.uulK 'ftuno3 uldauuaH For{n No. 28-M QUIT CLAIM DEED No'd~linquent taxes an0 transfer entered; Certificate of Real Estate Value ( ) fileo ( ) not requireO , Certificate of Real ' £state Value No ' County Auoitor by Deputy STATE DEED TAX DUE HEREON: $ (reserved for recoraing data) Datea: January , 198~ FOR VALUABLE CONSIDERATION, Ned C. Podany and Karen Podany, his wife,. Grantor(s), hereuy convey(s) aha quitclaim(s) to The City of Mound, Grantee, a Municipal Corporation under tne laws of the State of Minnesota, real property in Hennepin County, Minnesota, descrioed as follows: A permanent Easement for ingress and egress to tha{ part of the PARK as shown on "The Highlands", according to the recorded plat thereof, which lies adjacent to the Easterly line of Lot ~, Block ~7, "The Highlands", according to the recorded plat, said Easement being across all that part of said Lot ~, Block {?, "The Highlands", lying Easterly of the followinE described line: Commencing at the Northeast corner of said Lot ~; thence Northwesterly along-the Northerly line of said Lot 1 a distance of 19.9 feet to the point of beginning of the line being described; thence Southeasterly to a point -1- ~',~" on the East line of said Lot I distant 60 Feet Southerly of the Northeast corner of said Lot 1, and said line there ending. Said Easement shall also extend over that part of Lot 2, Block 17, "The Highlands", and over that part of the park as shown in "The Highlands", which lies Easterly o£ a line 10 Foot Westerly and parallel with the following described line; Commencing at the Northeast corner of said Lot 1; thence Northwesterly along the Northerly line of said Lot 1 a distance of 8.8 feet to the point of beginning of the line being described; thence Northerly parallel with the East line of said Lot 2 a distance of 58 Feet; thence Northwesterly to the Northeast corner of said Lot 2, and said line there ending. co~etf~er with all heredita:nents anO appurtenances belonging thereto. Ned C. Podany Karen Podany STATE OF HINNESOTA ) ) ss COUNTY OF HENNEPIN ) T~e foregoing instrument was acknQwledgeO before me t~is day of January, 198~, by Ned C. Podany and Karen Poday, husband and wife, Grantor(s). notarial stamp or seal (or other title or rank) signature of person taking acKnowleOgement 'i'his instrument was drafted by Reed & Pond, 5424 Shoreline Blvd., P.O. Box 157, Mound, MN 55364. Tax statement for the real property descrioed in this instrumen~ snouid De sent to (IncluOe name anO adOress of Grantee): CITY of MOUND November 7, 1983 53,~1 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: Curt Pearson FROMi Jon Elam RE: Podany Vacati'on .. In visiting with Jim Larson the other day regarding the Ned Podany Vacation Application, he mentioned that the approach was through the District Courts rather than the standard Council vacation. I passed this along to Roger Reed-who countered by saying that ..M.S. 412.851 applies to this type of vacation, is simpler and cheaPer for all concerned. This is the'statute Maple Grove used for their park vacation. What is your opinion? JE:fc . 412.851 VACATION OF STRF. ETS. The council may by resolution vacate any street, alley, pubLic m'ounds, ,oublic way, or _any part thereof, on its own motion or on petitio~ of ~a ~aiorit,,; of the owners bf land-a-buttmt~ on the street, alley, public grounds, public [vay;or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-friths of all members of the council. No such vacation.shall be made ll~_~s~ !t ~n,-~_a,x in thg_intere~t nf Ire oublic to do~ ~e~'~ded by two w~eeks"r;ublis_h_e..d~ce: After ~°n o! vacation is actoptech the clerl~ shall prepare a nouce of completion of the proce.edings which shall contain the name of the city, an identification of the vacatmn, a statement of the time of completion thereof and a description of the real estate and lands affected 'thereby. The notice shall be presented to the county auditor who shall enter the same in his transfer records and note upon the instrument, over his official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. History: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 1969 c 9 s 85; 1973 c 123 art 2 s I subd 2; 1973 c 494 s II; 1976 c 18I s 2 October 20, 1983 REED & POND ATT'ORN~"i"S A"r' I. AW ~4~4 ~HO~lfl-INIf ILVD, FI'. O. IIOX tS"/ MOUND, MINNESOTA F'A.U I,.. L,o Mr. Ned C. Podany 6165 Sinclair Road Mound, MN 55364 Dear Ned: This is to summarize the steps we are to take in connection with your swap of land with the City. Since one council member was opposed (at least without further study) to the vacation, it would seem wise to file a petition for vacation yourself rather than have the City Council do it on its own Motion. It only takes a majority if there is a petition but it takes 4/5tbs votes to pass the vacation if' it's on the Council's own Motion. I feel that you would be the only owner of land abutting the portion of the park to be vacated and therefore you would constitute "a majority of the owner's land abutting". It' is my opinion that no one else would need to sign the petition. However this matter should be cleared with. Curt Pearson to see what his ruling would be. I understand that you're going to obtain a new legal description including a bit more land than you had originally intended so that it would not be necessary at a later time to request a set back variance when you wish to build a garage. It may be that this would make it necessary from 'the City's point of view to obtain a walking easement along the edge of the property which you would be acquiring. The first necessity is to get a correct legal description from the surveyor. I will proceed to draft a deed to be signed by the fee owner from which you are purchasing and a partial release of the mortgage. We should get started on this because it may take some time and the City will not wish to complete the vacation until they have this deed and mortgage release in escrow. Mr. Ned Podany October 20, 1983 Page Two It is possible that the City would just as soon have a permanent easement rather than the fee title to that part of Lot 1 which we have promised to give them. -Giving them an easement rather than fee titie would avoid going through the City's subdivision procedures and also avoid any possible requirement for fiiing a registered land survey with the Registrar of Titles. Sincerely yours, REED & POND Roger W. Reed RWR.:jh ~on Elam Curt Pearson PS: I am sending a copy of this letter to Curt Pearson with the request that he give.me and Jon Elam his comments on sufficiency of having a vacation petition signed by you alone and upon the advantages and disadvantages to the City in accepting an easement rather than fee title. October 13, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: LAGOON PARK Since coming to work for the City in 1981 I have been involved in trying to work out a land exchange so the City could get access to a fine park parcel we have called Lagoon Park. The proposal is basically a land exchange between the City and the adjacent property owner Mr. Ned Podany. A copy of the survey is enclosed as are letters from both ROger Reed and Curt. This has been a project waiting to happen for a long time only to be stymied time after time by unknown legal questions. I feel that Roger Reed's suggestions make good sense. Bacially they require: We conduct a vacation proceeding on the specific land to be vacated which separates off the the section of City Park land. Once approved, this could revert back to Mr. Podany the only adjoining property owner. He would provide the City with a Quit Claim Deed for the parcel of his land, free of all encumberances, etc. 3. He then could apply for the variance necessary to build his garage. 4.' We could make our access path to our park so it is fully accessible for public use. This land exchange proposal has been approved by both the Park Commission (1981 & 1983) and in concept by the City Council in 1981. This is before you to approve in concept. If you do that we can urge Mr. Podany to file the necessary vacation request, etc. LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD WURST, P. A. CURTIS A. PEARSON, RA. `JOSEPH F". HAMILTON, ,JAMES D. LARSON, THOMAS ~OGER U. FELLOWS MINNEAPOLIS, MINNESOTA 5540:~ September 27, 1983 Mr. Jori Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Podany Dear Jon: You have a copy of Roger Reed's letter to me of September 23, 1983. I reviewed that letter and talked to Hr. Reed on the telephone. I think our prior opinions relating to this problem have covered the subject in great detail. Mr. Reed and his client Mr. Podany obviously feel that they have worked out a way tO accomplish a goal, i.e., a trade of dedicated park land for a parcel owned by Mr. Podany. I indicated to Roger today that I really don't see that I have any additional comments to make on the proposal. I have further indicated'to him that I do have great concern over the question and propriety of the City Vacating or giving up park land. It is his position that if you have willing parties, that should be the governing determination. Procedurally, any lands to be conveMed by Podany to the City of Mound would have to be subdivided off either through a subdivision or by waiver. If the City holds' a vacation proceeding, it is impossible to determine what questions may be raised by members of the Council or the general public. I feel I have raised as many questions as I can in the prior opinions. I really don't know what additional information I can provide to you or the Council on this matter, and Mr. Reed is fully aware that if the procedure-is followed, the City would not be in a position of making any guarantees or warranties relating to any title which Mr. Podany might receive. City Attorney CAP: Ih September 23, 1983 REED & POND ATTORNEY-~ AT LAW 5424 SHORELINE BLVD. MOUND, MINNESOTA ~B364 PHONE (612) Mr. Curtis A. Pearson Attorney at Law 1100 First Bank Place West Minneapolis, MN 55402 Dear Curt: On behalf of Ned ?odany, I nave reviewed your legal opinions 'to the City dated March 20, 1974 and June 21, 1982 in regard to the land exchange which the City has been considering for many years. I have conferred with Richard W. Edblom, the Hennepin County Examiner of Titles. He feels it is feasible to first have the City vacate the park area and then for us to bring a Torrens action naming the plattors as defendants. I appreciate the problems the City might have in obtaining marketable title t'o the piece that Mr. Podany desires, but under this plan the City would make no guarantee to Mr. Podany as to the marketability of the title but let Mr. Podany take' that risk. We suggest that a deed to the City for the part that it desires together with releases of any mortgages be delivered in escrow until the City completes at its expense vacation of the property which Mr. ?odany desires. At this point the City would have gained all it wants from the trade. Then Mr~ Podany would begin a Torrens proceeding claiming title to that property through adverse possession over the past' 15 years. The Minnesota Supreme Court said in R__up!e.¥ vs. Fraser, 156 N.W. 350, "possession may be actual, open, continuous, hostile and exclusive even though part of the land be a public street. . . we see no reason why the rights of the fee owner may not be acquired by adverse possession though the rights of the public may not be." It is on this basis that I think that we will prevail in a Torrens action against the plattors even though we would be barred from claiming adverse possession against the municipality. At any rat.~, the risk of failure in this Torrens action would rest solely on Mr. Podany and not on the City. The City would of course agree to make no claim in the Torrens action. Mr. Curtis A. Pearson September 23, 1983 Page Two I assume that vacation proceedings would be under M.S.A. 412.85t under which the Council would have to make a finding that "it appears in the interest of the public" to vacate a parcel in question. If the City doesn't want one piece and does want another it would certainly seem to be in the public interes~ for it to vacate the parcel i,t doesn't want. If you have any questions about this procedure, I would appreciate a call. Sincerely yours, REED & POND Roger W. Reed RWR:jh. cc: ~Jon Elam Ned Podany P.S. The Podany property was Torrensed March 30, 1944. is not suOject to any easement.. It September' 8, 1983 REED & POND ATTORNEYS AT L-AW S4~4 SHORELINE I:=LVDo P, O, BOX *~S7 MOUND, MINNESOTA 553G4 PNON= (612) 472-2222 PAUL L, POND City of Mound 5341 Maywood Road Mound, MN 5~364 ATTN: Jun Elam, Manager Dear Jun: On behalf of Ned Podany, I am writing you this letter to set forth what I propose as a solution to the desired swap of parkland which Podany and the City have been discussing for some years. Referring to Gordon Coffin's survey dated June 29, 1982, we propose to deliver to the City of Mound a quit claim deed and a partial release of any mortgages involved covering that 'portion of Lot 1, Block 17, The Highlands, lying East of the heavy line on the survey. This deed would contain a restriction 'that the City of Mound would use said property only for access to one boat dock with no more than three 8' sections at its present location (approximately 50' East of Lot 1), with no more than two small boats docked there. Then the City of Mound would proceed at its expense to vacate that portion of the park lagoon lying westerly of the heavy line shown on the survey, and the Podanys will be granted 'a building permit to erect a garage as shown in the survey. When the vacation is completed, the deed would be filed. The proposed addition shown between the proposed garage and existing house would not be built at that time but would be left for a future time when the property would be divided with a zero lot line. Then Mr. Podany would bring a District Court action at his expense claiming adverse possession or practical location as against the plattors and their heirs for the same land which will have then been vacated for park purposes. Very truly yours, REED &.POND /.,/ Roger W/(:'Reed MINUTES O~ THE MOUND ADVISORY PARK COMMISSION MEETING September 8, 1983 Present were: Chairman Andy Gearhart; Commissioners Art Andersen, Cheryl Burns, Toni Case and Lowell Swenson; Council Representative Phyllis Jessen; City Manager Jon Elam; Park Director Chris Bollis and Secretary Marge Stutsman.. Commissioner Delores Maas was absent and excused. Commissioners Cathy Bailey and Pete Ward were also absent. Chairman'Gearhart called meeting to order at 7:30 P.M. Minutes The minutes'of the Park Commission meeting of August 11, 1983 were presented for consideratlon.~ Jessen moved and Swenson seconded a motion to approve the minutes as presented. The vote was unanimously in favor. Request for Land Exchange - Informational Item The City of Mound has received a letter from Attorney Roger W. Reed on behalf of Ned Podany proposing a solution to a request for an exchange of land (park) between Mr. Podany and the City. The Park Director explained that back in August of 1981, 'Podany approached the City with similar request; the Park. Commission recommended the concept of the land exchange allowing CitY access to the beach and Mr. Podany land for construction of a double garage. Staff was to work out particulars and the " Planning Commission was also to look at the item. The City Attqrney looked it over and said you can't sell park land as it is dedicated land~ The Park Director ex- plained that in 1910 the developer dedicated this park land with the City as custodian. He didn't think there wasa title given-'a6~-'the City is holding it in trust. Mr.' Reed has figured out a method which he believes would be th~ solution - we could claim we have no use of the land and vacate it; land would revert back to original heirs and the chance of finding them is pretty remote; so Podany's Attorney proposes· to give us a quit claim deed and release of any mo'rtgages for the portion of property we would like to have for access route to the beach and the City would in turn.vacate that portion of park he wants to build on. bnce it is vacated, he would go to the District Court and claim'adverse possession of the property (that it has b~en used by himself for a number of years). It'is possible that the Court would not allow the adverse possession. As there has been a turn over in membership of the Commission, the Park Director asked the Park Commission if they would llke to go along with the same recommendation as before. The City Manager stated that the City would be gaining ~ess but it would give us access to the beach; he ·thinks it is a positive thing to do. · The proposal was discussed and questions of the Commissioners answered. None of the Park Commissioners present had any objection to the previous recommendation, so the Chairman stated that the Commission will let the former action ride as it was approved before. Reports Council Member Jessen reported City Manager is working on the tennis court in the Bluffs yet--has had 2 meeting with the residents. About 51% don't want it and the other 49% do want a tennis court. Jessen asked "how we're going to proceed on the brochure? how to get funding? and can we go ahead and get quotations?" It was discussed that Committee should continue working on brochure and get quotations for the printing. Funding will have to be worked out. A.TNOMAS WURST GERALD m. CARR'OLL CURTIS A. PEARSON THONIAS J~. UNDERWOOD ALSERT FAULCONER ~ JAMES D, LARSON LAW OFFICES WURST, CARROLL & PEARSON IlO0 FIRST BANK PLACE WEST 1',41NNEAPOL,$, MINNESOTA 5540a June 21, 1982 TELEPHONE (612) 338-B911 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Lagoon Park Dear Jon: Pursuant to our conversations about Lagoon Park, I asked Tom Underwood to take a fresh look at the problem. I am enclosing herewith his memorandum to me under date of June 17, 1982. I went back and checked some of our old opinions, and I find that the same question and the same answers were given in 1974 and in 1975. I am enclosing copies of those two opinions. Jon, I have written a number of other opinions on park problems, commons, and other similar items and I am not sure if Leonard kept a separate file for those opinions or what he did. I think you can see from the March 20, 1974, letter and Mr. Underwood's letter to me.of June 17 that the proposed land exchange is impos- sible without court action, and we are not sure what the result would be if the City and the property owner tried to go to court. I hope this is helpful to you in your handling of this parcel. Sincerely ~ ~ City Attorney CAP:ih Enclosures June 17, 1982 FRCM: TFU RE: PROPOSED EXCHANGE OF PARKLAND BY CITY OF FOUND Inq~ry has been made whether the City of Mound may enter into a land exchange .whareby it would deed to the owner of lots 1 and 2, Block 17, 'The Highlands" a portion of the adjoining '~m~rk" in exchange for a deed to part of lot 1. An examination of the official plat recorded with the County Recorder confirms that the park in question was dedicated as a part. of the plat of Highlands. Title to the park would therefore be determined in accordance with Chapter 501 of Minnesota Statuges Annotated and cases construing the provisions of this chapter. It is well settled in Minnesota that where land has ~been dedicated to a specific public use, that public use must be terminated through appropriate vacation proceedings before any other disposition of the land may be had. Assuming that all or a portion of the park in question is formally vacated, the question presented to us is whether the City would have standing to convey title thereto. Undar M.S.A §501.01, the legal effect of a plat dedication is a conveyance in trust to tha municipality of a terminable easement only, in any area designated in the plat for public use, and the fee title thereto ren~ns in the dedicator subject to the easement. Etzler v. ~Dnd~le., (Md_rm. 1963) 123 N.W. 2d 603. Until the park is vacated, the city is bound by the rule stated in Headley vs. City of Northfield (1949), 35 N.W. 2d 606, that the city, being a trustee for the benefit of the public of the public square, will be treated as one by holding it to the duties and accountability of a trustee. Its duty is to devote said public square to the uses intended by the dedicator. Its accountability is for the dischsrge of that duty. Any use thereof by tha City inconsistent with the uses intended by the dedicator constitutes a breach of trust and a violation of the statute imposing 'the trust in such cases. Therefore, as stated above, the city ~ust first institute vacation proceedings to relieve itself of its public trust. According to Etzler, upon vacation of the area for park purposes, the title of the dedicator no longer r~ns subject to the easmT~nt which has thereby terminated, and the mumicipality is left without title of any kind whatever. Accordingly, nothing would remain for the municipality to sell or otherwise dispose of. It is apparent from the foregoing cases that the proposed land exchange is doomed unless the city can somehow establish title to the park. The ideal solution ~uld be to obtain a quit clm~m deed f-rom the underlying fee owner. Due to the age of the plat, however, it is unlikely that the dedicators are now living. If the dedicators are deceased, the law of descent of real property in Minnesota provides that title ~x~uld be now vested in the dedicator's heirs or 'devisees, as the case may be. In such event, the likelihood of obtaining marketable title by deed is practical ly hopeless. The alternative to a deed would be an adjudication by the District Court that tha city has fee title to the park. There is no assurance that such an adjudication could be obtained. ~7~ ~ ~vTVE. To ~ K~ RECEIVED JUL PHONE 4'73-& 14,1 8 1982 MARK S. GRONBERG REGISTERED CIVIL ENGINEER GORDON R, COFFIN CO.. lNG. ENGiNEERiNG. SURVEYING. PLANNING Delinquent water and sewer 1-10-84 42-343-2300-61 42-343'2631-41 42-343-2650-41 33-406t2700-3! 33-406-2727-62 33-427-2653-01 44-439-4446-21 33-439-4510-51 33-439-4751-51 33-439-4907031 33-439-4919-81 33-463-4671-51 33-463-4725-91 33-466-4861-51 33-466-4937-31 33-469-4740-51 33-469-4767-81 33-472-4414-11 33-472-4548-61 33-472-4560-11 33-475-4519-01 33-478-4710-81 ,33-484-3106-91 33-484-3134-tl 33-484-3331-31 33-484-4610-91 33-484-4708-11 33-487-4764-71 33-506-3135-81 33-507-4524-01 33-530-3137-43 33-545-4855-81 $442.58 377.98 404.27 80.24 59.42 75.00 126.08 313.56 70.18 149.40 162.54 76.90 81.05 78.71 104.50 229.68 75.20 198.60 68.02 83.O8 76.25 82.O8 97.30 146.84 96.90 50.19 115.50 67.50 104.68 125.34 99.92 111.80 Delinquent .water and sewer 1-10-84 42-343-23OO-61 42-343-2631-41 42-343-2650-41 33-406-2700-31 33-406-2727-62 33-427-2653-O1 44-439-4446-21 33-439-4510-51 33-439-4751-51 33-439-4907~3~ 33-439-4919-81 33-463-4671-51 33-463-4725-91 33-466-4861-51 33-466-4937-31 33-469-4740-51 33-469-4767-81 33-472-4414-11 33-472-4548-61 33-472-4560-11 33-475-4519-O1 33-478-4710-81 33-484-3106-91 33-484-3134-11 33-484-3331-31 33-484-4610-91 33-484-4708-11 33-487-4764-71 33-506-3135-81 33-507-4524-O1 33-530-3137-43 33-545-4855-81 ~oqgpre's . Steve Hesse d.Essig James Baker G. Gravell. e Jr. ~3~t~'~ Mike Sherman 75.__~_0_~'~i, V. Brandenburg 126.O8 Caril Stodola - 313..56 Lorraine Stageberg ~0..18 Mark Moriarity ~ · Russell Trenholme 162.54f Henry bister .~_6.9.oj Ron Neraasen ~ Mark Wynn 78.71'~'~' James Grady 4~ Bradley Foote st O.R. 229.68f, Paid 2631 2650 Made Made 4446 4510 4751 Paid 4919 Made Paid Made Paid commerce Blvd. Commerce Blvd. arrangements arrangements Wilshire Blvd. Wilshire Blvd. wilShire Blvd. ilshire Blvd. arrangements arrangements Wrote Paid for an answer to big amt .... ~ Paid Jill Potter lll-80/~ments~ Henry Roelofs 198.60~''~ 4414 Dorchester Rd. R. Johnson ~n ~ ~.v~ paid A Christianson 83~O8/~ 4560 Dorchester Rd. M. d, Phillippi 76.25/ 4519 Manchester Rd. David Nelson 82.O8~' 4710 Essex Rd. Hastings B~ilders 97.30/'~ 3106 Tuxedo Blvd. Mark Webster 146'84/ 3136 Tuxedo Blvd. Resident 96'90/ 3331 Tuxedo Blvd. Craig Watson 50.19'~' 4610 Tuxedo Blvd. Louise Mc Kee 115.50 ...... Will apply for assistance R. Nelson 67.50'~' 4764 Cumberland Rd. Richard Baanruud 104.68/" 3135 Ayr Ln. L. Lindbloom $75.34/ ~ Paid $50.OO.Made arrangements 33-548-3108-91 33-5~3-30~3-31 33-5~9'4876-41 33-572-4827-11 33-572-4872-71 33-578-2871-81 33-587-3o26-91 33-587-3o41-81 33-587-3o68-12 33-59o-511o-31 33-590-511t-ll 33-593-4933-31 33-593-5223-81 33-596-4629-O1 33-596-4724-91 33-620-4640-51 33-620-4649-61 33-620-4738-71 33-620-4925-01 33-620-4928-41 33-623-5246-11 33-623-5338-91 331638-3243-11 33-647-5217-41 33-647-5223-21 33-650-4774-91 John Leu Gary Snyder Mark Semeja Pam Woolfe Joan conkey Farrager-Hipp John FiaVin Richard Ash $25.40 ~" 74.04 ~' 3108 Tuxedo Blvd. 105.10/ 4876 Leslle Rd. . _,/~ Paid $50.00 125.70 ~' Made arrangeme:nts 70.t6'~ 2871 Marlboro Ln. 91.12f 3026 Brighton Blvd. 84.14f 3041 Brighton Blvd. 77,54/'~ 3068 Brighton Blvd. B Robinson Lee Schwartz Jan Ann s Barbara Rueben Scott Brickley Dbristianson John HasS'ler 4-~ . Paid 84.O2f' 5111 Windsor Rd. 77.24~'' 4933 Drummond Rd. 50.29~ 5223 Drummond Rd. ~ Paid ~ 4724 Hanover Rd. 84.10~ Made arrangements Thomas Prokasky James Broucksou Holmes Empson Evelyn Merbach Donald Keefe 86.10~-- 4649 Island View Dr. ~ Paid 95.22~ 4925 Island View Dr. ~~'~' 4928 Island View Dr. ~ Made arrangements Jerry Powell Dave Umbekocher Richard Ru¢inski Gerald Longley Larry Freeburg 104,30/ 5338 Piper R-~'. % 4~)/O6"' 3243 Warner Ln. 52.26--~ 5217; Phelps Rd. 88.90/ 5223 Phelps Rd. $91.70/ Paid $20.00 Made arrangements $6962.25 $5181.94 33-623-5338-91 33-638-3243-11 33-647-5223-21 33-647-5217-41 JERRY POWELL DAVE UMBEKOCHER GERALD LONGLEY RICHARD RUCINSKI TOTAL 104.30~ 5338 PIPER ROAD 49.06/ 3243 WARNER ROAD 88.90~ 5223 PHELPS ROAD 52.26 5217 PHELPS ROAD 2,532.80 ~ ~.ol THE FOLLOWING ACCOUNTS HAVE MADE ARRANGEMENTS fOR PAYMENT AND WILL BE SHUT-OFF IF THEY DO NOT FULFILL THE CONTRACT THEY'VE SIGNED ~ITH THE CITY. 42-343-2631 -41 33-427-2653-01 33-463-4671-51 33-466-4861-51 33-472-441 4-11 33-507-4524-01 33-545-4855-81 33-572-4827- 11 33-572-4872-71 33-620-4640-51 33-620-4928-41 33-650-4774-91 33-484-3234-11 STEVE HESSE MIKE SHERMAN HENRY LISTER MARK WYNN HENRY ROELOFS L. LINDBLOOM JILL POTTER MARK SMEJA PAM WOOLFE JOHN HASSLER EVELYN MERBACH LARRY FREEBURG MARK WEBSTER TOTAL 377.98/ 2631 COMMERCE BLVD. 75.00/ 2653 SHANNON LANE 26.90/~ 4671 BEDFORD RD. 78.71j 4861 BRUNSWICK 198.60/4414 DORCHESTER RD. 75.34// 4524 STERLING RD. 111.80/ 4855 LANARK RD. 25.40/4827 MONMOUTH 125.70'' 4872 MONMOUTH 84.10'' 4640 ISLAND VIEW DR. 70.37'" 4928 ISLAND VIEW DR. 91.70/ 4774 KILDARE 146.84/ TUXEDO BLVD. 1,488.44 2 '~ ~IA ~NV~I ~E6~ /-E~'~6 '~ ~IA ~NV~SI 6~9~ /-0~'9~ '~ ~NONNfl~ ~ ./6E'O~ '~g ~NONN~ ~6~ ~E'£Z ~VO~ gOS~NI~ ~ /~0'~ '~A~ NOZHOI~ ~90~ '~A~ NO£HOIg~ ~0~ ~'~ '~Aq~ NO£HOI~ 9~0[ .~'~6 OHOSqHVN LLS~ .,,,,9L'0£ GVOH NI~NM 9£8~ 'GAM80GNXM£ 80~ ~/~0'~£ 'GA~80G~X~£ 80£~ ,~0~'~LL 'GA~ OG~X~Z 0~9~ ,6L'0§ 'GA~8 OG~X~£ L~ ,//06'96 'GAM80G~X~£ 90~ 'GH ~Z~H3~V~ 6L~ ~E'9A 'GH X~ 0~L~ ./80'E8 'G~ HN~NH3HOG O9~ 80'~$ 'GH GNONH~IH 0~ /89'6E~ 'GAqR 3HIHgqlM 6L6~ 'GAqR 3HIHSqlM 'GAq8 3HIHSqlM 0L~ '~A~ 3~ZH~I~9~ ..8L'0E 9g'ELE /80'9~L qV£O£ NOgdN3 S3NqOH glNNV NVF Z£HVMHDS 33q HSV ~HVHDIH NIAV~ NHO? d~IH-HZDNVHHV~ X3~NOD NVOF H3~XN~ XHVO A~ NHOr NO~RN 'H 33~ ON 3Finoq NOSIVM OI¥~O &£N3~ID3H SH3~qlaS SDNI£FVH I88IqqIH8 'F '~ NOSq3N ~IAV~ NOSNVI£SIHHO '¥ 3£00~ X3q~VH8 3NqOHN3Hi qq3SSflH 9H383OVZS 3NIVHHOU VqO~OiS UIHV9 9Ha~NH~NVHS'A 3HVN L0-~J6~-OJ9-~ L9-6~9~-0J9-~ LS-~JJ~-~6§-~ J~-890~-48~-~ ~8- ~0~-£8~-~ ~6-9J0~-48§-~ ~8-~8J-84~-~ ~-948~-69~-~ ~6-80~-8~-~ ~8-~-90~-~ LL-~9£~-£8~-~E L6-OL9~-~8~-E~ LE-LEEE-~8~-EE L6-9OLE-~8~-EE LO-6L~-~£~-~ LB-0 L 4~-84~-~ L L-O9g~-~£~-~ L§-0~£~-69~-EE L8-6 L6~-6E~-EE Lg-0L§~-6E~-EE L~-9~-6E~-~ ~ ~NnO~O~ ~g~T -rZ-f XHVgNVF NO 33-548-3108-91 33-563-3063-31 33-569-4876-41 33-572-4827-11 33-572-'4872-71 33-578-2871-81 33-587-3026-91 33-587-3041-81 33-587-3068-12 33-590-5110-31 33-590-5111-11 33-593-4933-31 33-593-5223-81 33-596-4629-01 33-596-47.24-9! 33-620-4640-51 33-620-4649-61 33-620-4738-71 33-'620-4925-01 33-620-4928-41 33-623-5246-11 33-623-5338-91 33-638-3243-11 33-647-5217-41 33-647-5223-21 33-650-4774-91 74. O4 2O8.9O 105.10 75.40 125.7O 70.16 91.12 84.14 77.54 126.40 84.02 77.24 50.29 82.60 183.10 84.10 86.10 141.50 95.22 12O. 37 81.7O 104.30 49/06 52.26 88.9O 111.70 $6962.25 PETE V. DOMENICt. N. MEX.. CHAIRMAN WILLIAM L ARMSTRONG. COLO. NANCY LANDON KASSEBAUM. KANS. RUDY BOSCHWlTZ, MINN. ORRIN G. HATCR, UTAH JOHN TOWER, TEX. MARK ANDREWS. N. DAK. STEVEN D. SYMMS, IDAHO CHARLES GRASSLEY. IOWA ROBERT W. KASTEN. WIS. DAN OUAYLE. BLADE GORTON. WASH. LAWTON CHILES. FLA. ERNEST F. HOLLINGS. S.C. JOSEPH R. BIDEN. JR.. DEl. J. BENNETT JOHNSTON. LA. JIM SASSER. TENN. GARY HART. COLO. HOWARD M. METZENBAUM. OHIO DONALD W. RIEGLE. JR.. MICH. DANIEL PATRICK MOYNIHAN, J. JAMES EXON, NEBR. STEPHEN BELL. STAFF DIRECTOR RICHARD N. BRANDON, MINORITY STAFF DIRECTOR nitt l tatts tnatt COMMITFEE ON THE BUDGET WASHINGTON, D.C. 20510 January 9, 1984 The Honorable Robert Polston Mayor of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mayor Polston: This is to confirm our meeting scheduled for Tuesday, January 17, at 8 p.m. I'm looking forward to visiting with you and learning more about your needs in the hope that Rudy can be of some aid in your dealings with the federal government. Please give me a call at 612/221-0904 or 800/652-9771 (toll free) if YOU have any questions prior to our meeting. cc: Jon Elam Sincerely, Pat Weber Field Representative CITY OF MOUND INSURANCE PROGRAM HOME 1983 1984 LEAGUE IDEAL MISSION PENCO/HARTFORD PROP. & I.M. GEN. LIA. CRIME AUTO LIQUOR PUB. OFF. LAW. ENF. E.M.T. UMB. SUB TOTAL 19490 6141 6954 2908 INCL. 5142 5911 8057 INCL. 2584 1115 1814 10516 8619 9557 9469 2355 1439 1439 INCL. 1833 684 2359 684 N/A 1550 1550 1550 N/A N/A 502 INC. 3600 1500 1500 15Q0 37794 27659 30887 25982 WORK.COMP COMMISSION TOTAL 34963 29320 37373 27812 72757 56979 68260 53794 3000 3000 INCL. 5000 75757 59979 68260 58794 ~O~.1G~R~ S COMPENSATION IDEAL MUTUAL INSURANC:E COMPANY sSification Code Manual 15% Dev. Rate Rate Payroll P re mi um Firefighters - Volunteer 7708 31.53 26.80 $ 10,000 Municipal Employees 9410 2.53 2.15 $ 35,000 Parks NOC 9102 5.60 4.76 $ 40,300 Police Officers & D 7720 5.63 4.79 $294,100 Street or Road Const. 5506 9.35 7.95 $119,100 Waterworks Op. 7520 6.68 5.68 $ 69,100 Sewer 9402 11.78 10.01 $ 39,600 Stores - Retail 8017 1.60 1.36 $ 77,700 Clerical 8810 .24 .20 $212,200 Auto Repair 8391 4.83 4.11 $ 22,800 CASH FLOW (one year) Discounted Premium: Retained Premium: RETENTION $27,812. $12,627. Total Deviated Premium Experience Modification 30% Standard Scheduled Credit 13.4 Premium Discount $ 2,680. $ 753. $ 1,918. $14,087. $ 9,468. $ 3,925. $ 3,964 $ 1,~57 $ 424. $ 937. $39,213. 1.17 $45,879. $~3,!63. $32,116. $ 4,304. $27,812. Loss Ratio 0 5% 10% 15% 20% 25% 30% 35% 4O% 45% 5O% Over 51% Losses 0 $ 1,391. $ 2,781. $ 4,172. $ 5~562. $ 6,953. .$ 8,344. $ 9,734. $11,125. $12,515. $13,906. $14,184. Losses Converted 0 $ 1,495. $ 2,990. $ 4,485. $ 5,979. $ 7,474. $ 8,970. $10,464. $11,959. $13,454. $14,949. $15,248. Dividend $15,185. $13,690. $12,195. $10,700. $ 9,206 $ 7,711 $ 6,215 $ 4,721 $ 3,226 $ 2,361 $ 236 --0-- Maximum Premium $12,627. $14,122. $15,617. $17,112. $18,606. $20,101. $21,597. $23,091. $24,586. $25,451. $27,576. $27,812 1.075 Loss Conversion Factor CITY OF MOUND Mound, M~nnesota NOTICE OF PUBLIC HEARING ON APPLICATION FOR CONDITIONAL USE FOR COMMERCIAL DOCKS IN RESIDENTIAL DISTRICT NOTICE IS HEREBY GIVEN that on Tuesday, February 14, 1984 at 7:30 P.M. at the City Hall in Mound, 5341 May.wood Road, Mound, Minnesota, a hearing will be had on the application for a Con- ditional Use Permit for commercial dockage in residential area - Lot 1, Block 3, Whipple and Lots 25' 23 and 22, Whipple Shores Also.known as.5200 Piper Road and 5186 Tuxedo Boulevard. All persons appearing at said hearing will be given an Opportunity to be heard. · iar~, City Clerk Published in The Laker January 24, 1984 CASE NO. $4-301 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of January 9, 1984: Board of Ap.peal~ Case No. 84-301 Location: 5200 Piper ROad & 5186 Tuxedo Blvd. Legal Desc.: Lots 1,25,23,22, Block 3, Whipple Shores Request: Conditional Use for Commercial docks in a Residental District Zoning District: R-2 & B-3 Appllcant: Daryi G. Geyen 5200 Piper Road Mound, MN. 55364 Phone: 472-3098 The applicant is requesting to expand their commercial dockage for the A1 & Alma's restaurant. They have purchased two additional lots across Piper Road from their establishment (Lots 23 and 22, Whipple Shores). The former owners did have a condition use approval (see attached Resolution 81~i49) with stipulations which are incorporated into the present zoning ordinance section 23.413 Docks Serving Commercial Property.. Comments I would suggest that the Planning Commission consider several items: 1. Limit the restaurant owner to the present size and number of boats to be used for excursion purposes. 2. Consider neighbor comments at the public hearing. 3. Have the applicant comment or address the lighting of the site. 4. No boat launching i'S to be allowed at the site. Possibly, restrict dockage of private boats to the hours that the restaurant is open, except for the excursion boats of the restaurant owner. April 28, 1981 Councilmember U'lr[ck moved the foil.owing resolution, RESOLUTION NO'. 81-14D RESOLUTION APPROVING SPECIAL USE PERMIT FOR COMMERCIAL DOCK ON LOT 25, WHIPPLE SHORES WITH STIPULATIONS: 1) NO FURTHER CONTINUED EXPANSION OF DOCK 2) PERMIT NON-TRANSFERABLE'AND 3) INCLUDE STIPULATIONS IN ORDINANCE WHERI~AS', J.W. Nolan, owner .of A1 & Alma"s located at 5201 Piper Road, and having a legal description of Lot 25, Whipple Shores and Lot 1, Block 3 Whipple has applied for a special use permit for the purpose of a commercial dock, and WHEREAS, said' permit would allow the safe mooring of watercraft for the patrons of A1 & Alma's owned by J.W. Nolan and for the d~ockage of J.W. Nolan's two' ~dats, and WHEREAS, said Lot 25, Whipple Shores.abuts Lot'i, Block 3,"Whipple, which.'is next ~o .~h6,:publiorswimming beach, and "' " WHEREAS, to avoid undue hardship on Mr. Nolan and those patrons using said dock. NOW, THEREFORE" BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby approve'the specia'i use permit for a Commercial Dock' on Lot 25,.Whipple Shores with the following stipulations: 1. There be no.further continued expansion of said docks 2. Said special use permit be issued to J.W. N~lan and is not trans- ferable. If said business were.sold, new owner/owners would have to reapply for a new special use permit ..... 4. -That monuments be installed so that dock will be placed in the same location annually. Be it further noted, that Section 23.011 are also effectlve on this special use permit, and are as follows: a. The residential property on which dockage is to be~~ocated and the commercial property served shall be in common ownership and shall be' loc- ated ~ithin 300 feet of the property line of the commercial property, b. The mooring of boats at such dock shall be limlted to a maximum of four hours. c. No 9as, oil or other product may be sold from the dock and no ser~ vicing of boats will be permitted. d. One~.ion.~oKri~entification will be allowed but it shall not exceed a total or-s-~cF~ equare fo'et in size. e. Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall f. be provided so that persons docking will not trespass on private prope[ty or any public property except for properly designated streets or side- walks f. The Council shall specify any special conditions that ~hey may require, such as fencing, lighting or landscaping, and shall ~equire a site plan showing the location of any such fencing, lighting or .landscap- '-- ^-.. }:~,;,n ;~f~ll~d alono the dock or the pathway from ~he .- 75 167 April 28, 1~81 resldentlel .to the commercial property shall be tn such a manner as to have np direct source of light visible from a public right-of-way or ad- jacent land in the residential use district. The Council may require a performance bond to assure construction o~.the site improvements required by the special use permit. g. The owner shall be required to malntain the premises in a neat and clean manner.and in accordance wlth the terms established by the speclal use permit. h. The Council shall determine in allowing such a spec~aJ use permit that this use will not be detrimental to the public welfare or Injurious to other property in the neighborhood. i. The ~wner shall be required to meet and comply with all the Standards and requirements of th~ Lake Mlnnetonka Conservation District. A motion.for the adoption of the foregoing resolution was duly seconded by Council- member Swenson and upon vote being taken thereon; the followl'ng voted in favor there~ of; Charon, Lipdlan, Swenson and Ulrtck, the following voted against the same; none, w~th Polston abstaining, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk.' Attest': Acd~ing City Clerk ITY OUND CITY OF HOUND APPLICATION TO PLANNING & ZONING COhMISSION (Please type the following informatlon) ,. Le ,l D,$ rip,i,on of Prop, rty: Lot.. Owner's Name Address ~-o~- O~9 Appl$cant '(if other than owner): Nam~ Address P I D No.~l~'& - ,o..H-II.7 -~q' ~ ¢roo~ Day Phone No. /--/~>-30~ Day ,-Phone No. Type of Request: ( ) Variance (~) Conditional Use P~rmlt ( ) Zoning Interpretation & Review .( ) Wetland Permit ( ) P.U.D. ;: ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: Zoning District . --~ " ' mm +m m 8. -~as an application ever been made for zoning, ~ariance, or conditional use permit or .a~her zoning procedure for ~his proper~y? ~ if so, list date(s) of 1is~ date(s) of application, action taken an~ p~ovide ~esolution No.(s) Copies .of previous resolutions shall accompany present request. I certify that ~1 of the ~bove statements ~nd the stBtements contained in any required papers or plsns to be submitted herewith 8re true ~nd 8ccur~te. I consent to the entry in or upon the premises described in this ~ppllc~tion by Bny Buthorized official of t~e City of Mound for the purpose of inspec'ting, or of posting, m~in~ining ~nd re~ving such notices ~s ~y be required by 18w. 'Signature of Applicant_ ~~~ ~~~// Date /~~ Pl~nn?ng Co~issJon Reco~end8tion: ~ ' Council Action: Date Resolution No. Procedure for Conditioqal Use Permit .J (2)' case #,,, ?y-3 Location of: S.{gns; easements, underground utilities, etc. ]nd[cate North .compass direction. Any additional information as may reasonably be required by the City Staff and applicable S~-ctions. of the Zoning Ordinance. De III Request for a Conditional Use A. All information requested below, a site plan as described in Part il, and a development schedule providing reasonab)e guarantees for the completion · of the construction must be provided before a hearing will be scheduled. B. Type of development for which a Conditional Use Permit is requested: 'x. 1. A development schedule s~'be attached to this .application providing reasonable guarantees for Ch. completion of the proposed development. 2. Estimate of cost of. the project: $ 0 Density (for reslde~tial developments only): I. Number of structures: 2; Dwelling Units Per Structure: a. Number of type: Efficiency 1 Bedroom 2 Bedroom ) Bedroom 3- Lot area per dwelling unit: 4. Total lot area: ?? IV. Effects of the prOposed Use A.. Li~t impacts the proposed use will have on property in the vicinity, in- cluding, but not limited to traffic, noise, light, smoke/odor, parking, and, describe the steps taken to mitigate or eliminate the impacts. ?-;.)":...il..:. ' ' . .. ':.' ."-/" -- .. --..' ~.,.Z :~:., -.~' · ... ~'.~.. ,,.--.,...:?: t~...-.'.:.. ~'-':~'~,,',_ :,.'~.~'T-" '.'~;. ' '" ' ' ' ." ' .-~ · ':-, "..".?'.'.;.:~,. ,,;:~..' ;~'" ~.f?:'6~ .-' -' - ...... " ........ " :,, , '..: -;; '.. '.~.... · .~ ~;~"?*.~': .?:,";, . CITY OF HOUND Mound, Minnesota NOTICE OF PUBLIC HEARING ON THE PROPOSED VACATION OF EXCELSIOR LANE FROM WILSHIRE BOULEVARD TO CAVAN RO~D TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, will meet at the City Hall, 5341 Maywo~d Road, Mound, Minnesota, at 7:30 P.M. on the 14th day of February, 1984, to consider the vacation of the following described portion of street: Excelsior Lane from Wilshire Boulevard to Cavan Road between Lots 1 and 18, Block 31.and Lot 21, Block 24, Seton Such persons as desire tO be heard ~ith reference to the above'will be heard at this meeting. Francene C. Clark, City Clerk Published in The Laker January 24, 1984. ADpRESS, -. APPLICATION FOR STREET VACATION CITY OF MOUND LEGAL DESCRIPTION OF PROPERTY OWNED BY APPLICANT: PLAT37950 PARCEL 4120 LOT 21 BLOCK 24 SUBDIVISION Seton 'PID # 19-117-23 23 0064 STREET TO BE VACATED ' SIGNATURE 6F APPLICANT .,.~_ . _ Applicant's Interest *n Property ~' .~'. ~~'q~m Residents and owners of property a~ut~ing the street to be vacated: Recommend.ed by Utilities: NSP 6"7(,~' ; Minnegasco Recommended by City: Police Chief__~., ; Cont. i_nental Tel. Public Works ~ ; Fire Chief_ ~ ; Engineer Planning Commission Recommendation: IVIcCOMBS-KNUTSON ASSO I C. [~~~~ CONSULTING ENGINEERS I LAND SURVEYORS I PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Oanuary 3;'1984 Ms, 3an Bertrand Planning and Zoning City of Mound' 5341 Maywood Road Mound, MN 55364 Subject: City of Mound Proposed Vacation of ExcelsiOr Lane From Wilshire Boulevard to Cavan Road File ~2113, General Dear Oan: We have reviewed the utility as-builts and do not find any City services located within this portion of Excelsior Lane. It appears that this right-of=way is a possible access for the docks located on the channel to the north. If this is the case,, we would suggest that the City retain 20 to 25 feet Of the 66 foot right-of-way for access purposes, such as a trail. It does not appear feasible that a road would ever be constructed in this area because of the topography. Enclosed is a copy of a portion of Hennepin County's plans for 125, which shows this area. If you have any questions, please .contact me. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. v 3ohn Cameron OC:sj Enclosure ESSARY REARRANGEMENT OF EXISTING POWER E~ DL~S ,GAS MAINS,UNDERGROUND TELE. CABLES OR . S, SIGNS, PRIVATE FENCES AND STREET SIGNS. E (-.-.RFORMED BY OTHERS. L TEMP. CONN. BELOW 16 17 18 IT. ~ ICR. ROCK ;62 AN[. LI LT. 21 2.2 .. '. TOP ~- - .:.. 6Ao I 3 )' ,.4. ~ X CURB 9 8 7 4681 .' SUFFO I! 2 3 RD. SgNIN ~, 0 ' ~?1 I i ° ~9 NONN~ ~ FROM EKLUND CO. iNC. 5031 WOODRIDGE MOUND, MN 55364 Proposal Pro FJij.Oc~ No. Sheet No. Dote DEC. 26 1984 Proposal Submitted To Work To Be Performed At Nome Sfreet C~t~. MOUND CITY OF MOUND 2208 COMMERCE BLVD. State ]~T, TelePhone Number/4 72-114/4 Street MOUND CITY ADMIN O~FICES City Date of Plans Architect. JAN - FEB-8k$~tate We hereby propose to furnish all the materials and perform all the labor necessary for the completion of PAINTING THE CITY ADMIN OFFICES ARFA TO INCLb~E ALL OFFICES, STORAGE R00~.~, ~IE$, BATHROOMS; CEILINGS: COMPLETE INTERIOR EXCEPT THE CEILINGS AROUND THE SKYLIGHTS. SERVICES TO INCLUDE PREPARING SURFACES TO BE PAINTED By pI~STE~ING AND gAND- ING~ MOVING ALL CABINETS AND FURNITURE TO BE PAINTED BEHIND, CI.EANING U~ BEHIND OUR PROGRESS, LFAVING ARFIS WORKABLE THE NEXT WORKING DAY, pAINT USING THE COLOR GUIDE DEVOLOPED FOR THE CITY, WORKING WITH THE CITY ON BEST COLOR FORN~T. STRIP THE WLLPAPER FOR AREAS THAT WILL BE PAINTED, CITY WILL FURNISH THE PAINT. All material is guaranteed to be as speCified, and the above work to be performed in accordance with the drawin.e and specifications submitted for above work and completed in a substantial workmanlike manner for the sum , Dollars ($ 2700° 00 }. with payments to be made as follows: due to the fact that the wallpaper and preparing tbase ~ur~ne~ ~e h~ ~.n bid we would like to oropose a time only figure at ~9,00 p.e~ ~n hour not to exceed the contract price which would be 300 hours Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over'and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by CONTTN~,~TAT. ThT~ EKLUND CO INC. · Respectfully/~bbmitted WOULD INCLUDE AL~Y~S AND TAXES ' PRICE Note ~ This proposal may be withdrawn b~sif not accepted within 5 days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature 'OPS FORM 3450 LtTHO IN U. 5. A. Proposal , No. ~.~.., MTKA PAINTING & DECORATING CO 5016 Woodridge Road Mound, Minnesota 55364 Date '~ '1/'1/83 6121472.2092 Proposal Submitted To Work To Be Performed At Nome P,-~ +mr ©f ~C~tlT~C] Street Street 5~/;I M~y~.rmn~ ~(3R~ City. ~State City. M~nr,'J s Date of Plans Stat~ I~-~ ~n~n ~. ,~ ~-,R Architect Telephone Number We hereby propose to furnish all the materials and perform all the labor necessary fo~ the completion of Tn±,er~ or work - oi-tv to suoDIv all oaint, contractor to suoolv all For oainting oreoaration and work to be done see oaint~n~ soecifi- catior;~, ~1' moterial is guorenleed to be os specified, ond the obove work to be performed in 'occordonce with the drowlngs and specifications submitted for obove work ond completed in o substantial workmanlike manner for the sum Three Thousand Five Hundred and No/lO0- Dollors with poyments to be mode os follows: Any alteration or deviation from above speci6coHons involving extro costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Publ{c Liability Insurance on above work to be taken out by. ~innetonk~ ~a-~ntin~ & ~eGora-~i~ ~Oo Respectfully submitted Per Note ~ This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to dc the work as specified. Payment will be made as outlined above. Accepted S~gnature Date ,, Signature ,. · MTKA PAINTING & DECORATINGCO. SPECIALIZING IN FANCY WALLCOVERING 5016 Woodridge Road Mound, Minnesota 55364 612/472-2092 CITY OF MOUND PAINTING SPECIFICATIONS PREPARATION - Vinyl wallcovering will be removed in police office, police chief's office and interviewing room. - Wall~will be washed or have a coat of smoothing material so wall can be primed before painting. - All other areas that have been taped will have a prime coat on before finish coat. - All holes, cracks set in wall and ceiling will be fixed before painting. - All areas with gloss finish will be sanded to etch the surface. All other areas will have normal sanding. - All furniture and floors will be protected. - All furniture and filing cabinets that possibly can be moved from wall will be moved. PAINTING - All areas to be painted will receive one coat of paint unless otherwise stated. - Colors to be painted will be according to Benjamin Moore color recommendations. - Hand rail and wood cap will be trim color. AREAS TO BE PAINTED - Complete interior of building will be painted including storage rooms and ceilings. MTKA PAINTING & DECORATING CO. SPECIALIZING IN FANCY WALLC_.OVERING 5016 Woodridge Road Mound, Minnesota 55364 612/472-2092 MISCELLANEOUS - Work will be done on weekends. (Friday night, Saturday, Sunday.) - On Sunday all areas being worked in will be left in clean and ? neat manner. No work will be done during regdlar weekdays. - Lettering on doors will be replaced. Painting specification will be part of contract proposal #301. SUPPLEE BROTHERS 80X43 WAYZATA, MINNESOTA$53~l (612)493-9~9~ JAnuarY 10, 1984 Mound City Hall 5341 Maywood Road Mound, Minnesota 55364 After reviewing the work to be done, according to the specifications of Benjamin Moore Paint Charts, we have estimated as following' Do all necessary preparation work - -All areas receive sanding and filling of cracks, removal of wallpaper. · Area to receive color other than white, one coat of primer, one coat of paint. We have estimated the cost for the above to be $10,485.00 (ten thousand four hundred eighty-five dollars). Thank you for contacting our company and allowing us to submit this bid. If you have any further questions, please dO not hesitate to.call. Sincerely, David Supplee DS/rg © STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY ~-9007-04 APPLICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION & DISPLAY OF INTOXICATING LIQUOR (Thk Application Shall Be Typewritten and Submitted Before June 1st of each Year} In answering the following questions "APPLICANT" shall be governed as follows: For a Partnership, one of the partners shall execute this application for all members of the partnership. For a Corporation, and officer shall execute this application for all officers, directors, and stockholders. For a Club, one of the club officers shall execute this application for all the members. If additional space is required, use a separate sheet of paper, indicating by number the question answered. (FEE FOR PERMIT -- $151.B0) C/,~ ~.EVERY QUESTION MUST BE ANSWERED (Name of parian making ippllcgtion)/ (Individual owner Darner officer, club officer) hereby apply for a permit allowi~ consumption and display of intoxicating liqu~ to be located at (Streetof lddr~s~//~nd/or Lot Ind ~l~k number)~/}~ Post Office Zip Code ~ ~ounW of ~ , State of Minnesota, in accordance with the provisions of M.S. 340.119. Tel. No. ~/~-- 2. Will business be operated as a private club or public ~lace . 3. State type of business /~ 4. FOR'A pUBLIC BUSINESS: If a partner~ip, state name and address of each member of pa~ne~hip; if a corporal, state name and a~ss of offide~ and director. (N.me) (Address) (Name) / ~ (Addr~) (Nlml) ~ (Add~ll) 5. FOR A PRIVATE CLUB: Date club was or~nized , is club incorporated ~, number of membe~ ~ , length of time in present location ~ , is club building owned or rented , what is the mem~mhip dues , what are the requiremen~ for membe~p Does club~aintain lockers to be used by membe~ for storing intoxicating liquor ~ . Names of al~ office~ ~d/~ectors. off, ab: (Nama) ~/ (Address) (Name) ,// '~ (Address) (Nlm.) ./ ~ (Add,els) - (Name) {Addr.ls) Enclose with this application a copy of the Constitution and By-Laws of the club and current list of bona fide members. 6. If applicant or any partner, corporation officer or director, club officer or director, is not a citizen of the United States, list such non-citizens 7. State name of person w]~o will,operate or manage business: (Address) 8. On what floor is the establishment located, or to be located 9. How are the premises classified under the zoning ordinance Approved for Violations Inspection Section DO NOT USE Check Cash Rec'd. Rec'd. by Cashier 10. State name andaddress of owner or owners of building wherein the~usiness will be located: {N.m., I,d,,.", -~/ ' 11. Has applicant; if partne~hip, any partner; ~f corporation, any off~cer or d~rector; ~f clu~, a~lub officer or director, ever had a license under the Minnesota Liquor Control Act revoked or suspended ~r been convicted for any violation of State La~ or local ordinances; if so, give date and details~~. 12. Is applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, a member of the govern[r~,jl3p~ of the municipa, liW or county in which this permit is to be issued; if so, in what capacity ~ f'(/r ~ . . 13. Has applicant; if p~rtnership, any partner; if corporation, any officer or director; if club, any club officer or director, any interest whatsoever, directly or indirectly, in any liquor establishment in the State of Mi~nesota'/~/1 ~, . Give name and address of such establishment 14. Furnish the name and address of at least three business references, including one bank reference: 15. Will intoxicating liquor be sold on the premises 16. (a) State whether application is: 1. Original ~ -~ / ~ '-~ ~ .. / 2. Renewal "~/ , trade name 3. Transfer ~ 17. Are the premises now occupied, or to be occupied, entirely separate and exclusive from any other business establishment F'~ ~ · 18. State trade name to be used 19. State whether an "On-Sale" or "Off-Sale" Non-lntoxicatin~Malt Beverage License has or will be granted in conjunction to this business and for the same premises :20. Has there been issued, or will there be issued, a $54.00 Federal Retail Liquor Dealer's Special Tax Stamp for the sale of liquor on these premises 21. Has your local government an ordinance regulating the consumption and display of intoxicating liquor 22. If operating u~der zoning ordinance how is location of building classified I hereby .certify that I have read and unda~tand evew question in this applicltlon, and that the answers are true of my own knowled~. I further understand that the giving of false information in this application, or the failure to give pertinent information ¢enstitut, cause for the immediate revocation of this permit. IT IS FURTHER UNDERSTOOD THAT ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE OF INTOXICATING LIQUOR. Enclosed il payment of $151.50 ~yabll to the Liquor ~ntrol Dir~or Is provided by M.S. 1967. ~ion 3~0.119~ NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS HEREINAFTER PROVIDED: If applicant is located in the County, the Chairman of the Board of County Commissioners or his Representative shall approve this application. {Name of Eltlbllshmlnt) Subscribed and sworn to before me this ~ day of _~) ._ ,~..J~_...., , 19 ~cj.. {Chairmen. Board Of County Commislionerl or hll Reoresentetive) If applicant is located in a Municipality, the President of the Council or his Representative shall approve this application. (Pre~iden! of the Counc{I or hit Raprelentattva) My Commission exp!r,,~.~"~-~,. ! t '..: ' ~ .~ January 9, 1984 Mr. Jon Elam, City Manager City of' Mound 5341Maywood Road Mound, Minnesota 55364 E',.;cene A. H ckok and A .... ,. ........ fnc. 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 Re: 1983 System Improvements Booster Pump Station - A & K Construction, Inc. Dear Mr. Elam: Reference is made to our recent meeting concerning the warranty period for the booster pump station recently completed by A & K Construction Inc. As indicated during this meeting, A & K Construction, Inc. has completed their work and has requested a start-up of the completed system. At the City's request, said start-up has been postponed due to the weather and for fear that watermain break(s) may develop due to the higher pressures that will be placed on the Island Park system. I certainly agree with your logic and probably would postpone/delay the start-up myself. A .& K Construction Inc., however, has completed their work and-is forced or requi~ed to start the one-year warranty period on materials furnished by suppliers. In order to minimize the time period lost in the warranty period, A & K has agreed to delay the start date of the warranty until February 1, 1984. Assuming a start-up can be scheduled around April 1, 1984, the City will still obtain a full ten months of the warranty period. I certainly believe that the arrangement agreed upon during our meeting is satisfactory and therefore recommend that the City concur. If you have any questions and/or comments, please feel free to contact me at your convenience. Sincerely, EUGENE A. HICKOK AND ASSOCIATES oyer, P ~E. Vice President bt cc: John Aderman, A & K Construction, Inc. ESTIMATE FOR PARTIAL PAYMENT NUMBER Four (4) Revised 1R~3 Water System Improvements-Mound,~',llnnesota FOR THE. PERIOD October 7, 1.983 TO December 31 , 1 905 · INCL. iTEM e 7. 8. 9. 10. 11. 12.' 13. 14. 15. 16. 17. 18. 19. 20. DETAILED ESTIMATE DESCRIPTION Bond Class 5 Driveway Landscaping, · ,Bidg. Excavation & ~ Concrete & Masonry Precast Roof Deck Carpentry Roofing & Sheet Metal Doors & Hardware Caulking Pa int Lng Air .0onditLoner Pipe, Fi%tings & Ins ulat ion Special Valves Val' 8" Flow Meter Booster Pumps (2) Plbg., Floor Drains, Miscellaneous Special Electrical TOTAL AMOUNT OF 0RIG. TOTAL AMOUNT EARNED Change Order No. I Change Order No. II Change Order No. II Change Order No. IV ( See Att~_~ched Cha: NO. OF UNITS UNIT PRICE ck£111 es & Access .ties :NAL CON5 TO DAZE e 0rde r: Dries ~ACT: CONIHACT AMOUNT 677. OO 2,000.00 670. OO 5, soo. oo 3,005.00 565· O0 2,9 50. O0 2,400.00 25o.o0 2,900.00 900.00 13,632.00 225.00 6,200.00 ' 1 , 540.00 4,300 · O0 1 ,601.00 1 , 200. O0 35,5oo. DO 990. O0 WORK PERFORMED TO DATE NO. UNITS AMOUNT* EARNED 675.00 677.00 1,$00.00 670.00 0,800.00 3,005.00 565.00 2,950.00 2,400. O0 250. oo 900.0C 13,632.OC 225.00 6,200.00' 1,540.00 4,300.00 1,601.0o 1,200.00 35,500.00 · CC 10C 10C 1 (DC 10C 10C 10C 10C 10C 110C · 10C 1o( O( 10( 1 O( 1 O( OF CONTRACT Original Contract Amount Extras approved to date Credits approv~'d to datc ... Net amount of Contract this datff' ............... ' Certificate of' the Contractor or his duly Authorized Representative To the best of my knowledge and belief, I certify that all items, units, quantifies and prices of work and material shown onthe face of Sheets No..--: 1 and 9 _~of this Periodical Estimaie are correct; that all work has been performe~, and materials supplied i~ full accordance with the terms and conditions of the corresponding conatructon con- tract documents between_ 01fy of Mohnd. Minn_es0~ , (Owner) and A & K Oonstruction, Incorporated , dated~JUly ~ 19_~, and all author~ changes thereto; that the following is a 'true and correct statement of the contract account up to, and including, the last day of the period covered by this estimate, and that no part of the "to~)~nt dqe" has ~n received. ~Titl~ Jo~ M_ Adarman; Pr~ January 3 (a~ (h~ rd) Total amount earm'd ................................................. $__~.~, 990. O0 Unfinished Landscape & Painting - ,~3,1OO.OO) Rctaim'd ......... Re .~.ainage. ;;2,0Q0...0O ) ......$ ..... fi, 1.D_.0 .D..0 ....... Total earncd h'ss retained percentage ..................................... Total previously approved .............................................. Amount due this estimate ............................................... Change ~rder ;~o. 1 - 1,410.00 Change Order ,lo. 2- 250.00 Change Order No. 3- 604.00 Change Order No. 4 - 3,548.59 Total. Amount Earned To Date: 5,09~. 59 $47,904.1 9 Appoved as to quantities ar~! estimate due: Superintendent of Construction _. Architect Supervising Engineer (6i2) ,i ~t~entlon: Mr. George Boyer, -"- - & 2~. Rod Cole Number .o.:~2 _..~,1-/_ ....... JOB NAME I LOCAT ION ] JOB NUMB.R ~ JO~ ~ON~ ........... ,We h.ereby agree to make the change (s) specified below: '~,'8"':.~L~e Tap & Offsetting of Water ~.:~' ..': over ~an~ary 3ewer. i,Pe:r discussion wi%h Mr. Rod Cole /,- ,-:r, John Aderman. ~:eri'als..USed-for Offsetting over Sanitary :~ewer: 5o ' '- 3/4" R. od Eye Bolt, s -.Materials. - COst & Crew Time: To[al of Change Order "~ '~4 ": - '.%, NOTE: This Change Order becomes part of and in conformance with the existing contract. '% !:b' -- [ WE'AGREE hereby to make the change(s) specified above at this price I~ ,;ONTRACTOR) ,er CCEPTED ~ The above prices and specifications of this Change Order. are satisfactory and are hereby ac- cepted. All work to be performed under same terms and as specified in original contract unless other- .,vise. stipulated. [ $ 1,4~oi00o PRE. VIOUS CONTRACT AMOUNT, $ REVISED CONTRACT TOTAL { $ ..... .................................. L ..... ~!..a__~_~ ,_~P_.__,,7. ---? ...................... . .: Date of acceptance ............................ Signature ............... ........................ (OWNER) A & K CONgTRUCTICh~, ' .~r==- 9038 ,'1 lOt~-~_--. ." STILLWA R, r,:ei 55032 To ..... ~...A,.. Hlckok & A~oci~'es. Inc. _.;Wis y ~_ta.__a 1~ e s_o_~.a ............. 5 5 3 91 ATT~: ~. George ~yer, P.E.. & .: , ~. Rod Cole II We hereby, agree tO make 'the change(s)specified below: '11 Damppr°°fing of concre,e block i .... ;Y~;;~;'~ ,.i~~''!~' wall as toques%e6 by.i.::z". ;-Rod Cole .. -- Original Contract ~.,.",-*~. .,; .",, ,.~..'.- NOTE:. Thio.Change Order becomes part of and in conformance with the existing contract. __ ~a~e. Order. ";o. I 'r "WE AGREE hereby to make the change(s) specified above at his price Q ~ $ b9,. :~,.., OO 1 ,410 JO [}'~,*.{I '~YI,"J~RIZED SIGNATURE (~ONTRACTOR) i;~q[ ~'.-/..:-/'~. :, ..' /'~ /: - ':~&~EPTE~ ~ Th~ abo~ ~rl~s and lp~itlostions .:~: this Ohang~ Order are salisfl~tory and ar~ hereby "~} ~pt~, ~11 wor~ Id be ~ertorm~d under same terms and . ~ conditions as speoifled In original contra~t unless other- 'ii ~ise stipulated. PREVIOUS CONTRACT AMOUNT I $ 91 Zl~O,j. GO 1 I REVISED CONTRACT TOTAL ~, $ ~1 ~SG '" Date of acceptance Signature {OWNER*~ TO ...~.*..A[ ...... Hick.ok....&... A S.S.o c ia.t e ~., .in c. ATTN: Mr. George er, /..=. ,.~ Mr., Rod Cole We hereby agree to make the change(s) specified below: Add 2 'x. 12' Treatect wood. and metal by Mr. Rod Cole and agreed° (. See attached drawings ) : Change Order No. I 1 ,410.0C · NOTE: Trtls Change Order becomes part of and~fo~a~th~stl~ontr~cl. I :: :WE,AGREE hereby to make the change(s) specified above at this price , , ~_~-~'~ DATE ~ .' this Change Order are satisfactory and are hereby oepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. PREVIOUS CONTRACT AMOUNT ._yj _~r~c. t .... REVISED CONTRACT TOTAL i $ .... Date'of acceptance Signature (OWNER) '" -- ;' A & K CO~STRUC'I-IOH. INC. ' /,., · 9038- llOt!~,St;-No ' ATTN: Mr. George ~oyer, P.E., Mr. Rod Cole ~..ll,.wa ,e,eb, .orae ,o'ma,. ,ge c,ang.(s!,spec'"ed be'o~: Mr, Gregg Skinner, ,"'ir. Rod vole and t. ne Q~'~ m'~ ~ '1 ~ + ~ ' ' a ~aOK%op- 12" Thick, 3 - JOG NUMBER ] JOB PHONE re:lue:,':ed c:,, Crt ~y,. , .;'.~,.)~d' Y::spector. 4" Llft.~: 3,~07.79 _~ 2 5,). 2o,, '2otal '.,~ :~ount of Change "":""'" """ Original Contract ~'"' '" Ohange Orders No. I, £i ,~- ill 2,344.00 .NOTE~ This Change Order becomes part orand In conformance with the existing contract. ~-:':':':~E:AGREE hereby to make the change(s) specified above at this price ~ ~'-:'~"' ..... "' ' t PREVIOUS CONTRACT AMOUNT I~ $ ~"> ''"I iCC JT)~Of~Z ~,, Si G,N AT ~R E {~ONTRAGTOR) ~CCEPTEO ~ The above prices and specifications of Dat~ of acceptance. ~is Change Order are satisfactory and are hereby ac- ce~ted. All work to be pedormed under same terms and conditions as specified In original contract unless other- Signature wlee stl~ulated. -IbWNF, Ri ?? DATE:. TO: FROM: SUBJECT: January 3, 1984 Francene Clark, Clerk Donald F. Monk County Assessor 1984 Local Board of Review Date Tuesday , May 29 Day of Month Date Minnesota law requires that I, as County Assessor, setl the date for your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date'was selected. I sincerely hope that it is agreeable with your council. As there must be a quorum, I wou3d suggest that an informal review of your members with a request that they mark their calendars would be appreciated. Please confirm the date set out or call Bob Martin at 348-3046 with your alternate date by January 23, 1984, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but will discuss it with you if you wish a different time. Your early completing and return of the attacbe~ tear off strip will be appreciated and we will send your official notice for'posting as required by law. DETACH AND RETURN CONFIRMATION Municipality: MOUND Date: MAY 29, 3984 Time: 7:00 P.M. Place: Mound City Hall - 5341Maywood Road Confirmed by For selecting meeting dates in future years the following information will be helpful PROPOSED ORDINANCE AMENDMENT SECTION15.080F CHAPTER 15 - REGULATING THE DISPOSAL~fORWASTE AND CONTROLLING THE GENERATION OF AIR, SOIL AND WATER POLLUTANTS Multiple residential units shall either be equipped with refuse containers and refuse pickup service as herein provided or be equipped with a commecial incinerator complying with the requirements of the Minnesota Pollution Control Agency. Refuse containers provided as an alternative to or in addition to such incineration shall be at least one (1) cubic yard in capacity, shall be conveniently located in relationship to the residential units for which they are provided, shall be water-tight and rodent proof with self- closing lids and shall be kept in an enclosed structure concealing them from public view. Such structure shall have a raised concret or blacktopped base and shall be surrounded by a concrete or blacktop barrier curb. Such structure shall be maintained in a neat and orderly manner at all times. The refuse containers shall be located so that their contents are inaccessible to a point at least two (2) feet above the top of the container in the enclosing structure .~r as approved by the Zoning Administrator for screening of the container. The owner or operator of such multiple residential property shall provide for garbage pickup from such containers each ~eek or as required ~0 ~intain c~ntainment o~ all debris. Refuse, debris garbage and other waste materials shall not be permitted to be accumulated in or near the enclosing structures except in the containers provided. There shall be daily clean-up in and around each such enclosing structure. The items added are in bold print and underlined. 2 TO: FROM: DATE: SUBJECT: Mound, Minnesota Jan Bertrand, Building Offlclal~_~ Chris Bollis, Park Director November 10, 1983 Multiple Residence Units Precollection Storage Address 2131 Basswood Lane 2139 Basswood Lan~ 2145 Basswood Lane 2153 Basswood Lane 2161 Basswood .Lane 2122 Belmont Lane 2128 Belmont Lane 2136 Belmont Lane 2142 Belmont'Lane 2152 Belmont Lane 5'60.1'Grandview Boulevard 2009 Commerce Boulevard Container Supplied? None found None found Yes Yes None found Yes None found None found None found Yes Yes Yes 2017 Commerce Boulevard 2360 Commerce Boulevard None fouod Yes 2479 Commerce Boulevard Yes 2501 Commerce Boulevard 2020 Commerce Boulevard None found Yes 5600 Grandview Boulevard Yes 5665 Lynwood Boulevard Yes) 5701 Lynwood Boulevard Yes) 5340 Three Points Boulevard Yes Conditions 214'5 & 2153 appear to be sharing i I~bmpster located in parking lot on curb line; no enclosure 1 Dumpster located in parking lot on.Curb line; no enclosure 1 Dumpster located in parking lot- in front of 2152; no enclosure [5i30 Gallon Cans on yard next to parking lot; no enclosure 1 Dumpster located off parking lot in front; no enclosure 4 Foot high enclosed area near side entrance--black top ~ase; room for approximately~lOj30 ga)- Ion cans 1Dumpster lO~ated on yard by side of building; no enclosure 1 Dumpster located by service entrance; no enclosure 2 Large dumpster located on blacktop by end of garages; no enclosure One dumpster located in middle of parking lot rear of buildings; no enclosure 3 Dumpsters located behind garages in partial enclosure with blacktop base. /03 Subject: Multiple'Residence Units Precollection Storage Date: November 10, 1983 - Page 2 -Address Container Supplied? 5000 Shoreline Boulevard Yes) 5014 Shoreline Boulevard Yes 5028 Shoreline Boulevard Yes) '4397 Wilshire Boulevard 4363 Wilshlre Boulevard Yes Yes ''5322 Maywood Road Yes 26'31 Commerce Boulevard Yes 5429 Bartlett Boulevard Yes 5040 Enchanted Ro@d Yes Conditions Two dumpsters in parking lot in back of buildings; no enclosure 4 Dumpsters located in front of a building ~ e~>-~d;~2~r~ 1 Dumpster next to building on blacktop 2 Dumpsters located in a wood enclosure on end of garage blacktop base---area was under construction at time of inspec- tion. Plans call for compliance with ordinance. 1 Dumpster located on sidewalk in front of building; noIenclosure 1 Dumpster located on parking lot behind building; no enclosure I Dumpster located behind building on parking lot; no enclosure 1 Dumpster is enclosed in wool fence near parking area. FROM BLACKOWlAK & SON SANITATION 472-3398 1195 Sunnyfi~d Rd. No. Mound, Mn. 55364 Jan. 2, 1984 City of Mound Mound, Mn. 55364 ATTENTION: Jan / Budding Inspector '_To,.,Whom It May Concern, I was aske~ to give my opinion on fencing in the d~np- ste~s at the apa~ment complexs. Dumpsters being fenced in my opinion is not nec.~sary, a c~ment slab would be sufficient. " If, the dumpsters are fenced, it would pose to be a problem in the wt~ter months,' as it would not be ~s accessible, when it snows. They are very h~d to get to now without having an enclosed f~nce. The dumpster~ are not movable in the snow and..are hard to push around. A two sided fence sh6~Id be sufficient, if the dump- sters have to be hidden from the public view. If you have any further questions, you can contact me at 472-3398. Thank you. BLACK~IAK ~ SON Frank B~ckow~k, Jr. CITY of MOUND '5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Building Official December 28, 1983 Chapter 15 of the City Code regarding garbage/refuse provisions for apartment buildings (3 units or more) Attached is a copy of Section 15.08(c) which requires a dumpster (1 cubic yard = 200+ gallons) or an approved incinerator at apart- ment buildings, enclosed in a structure concealing it from public view, and goes on to specify the enclosure. I would recommend an ordinance revision to allow either a concrete or blacktop base and that the enclosing structure be 2 feet above the top of the dumpster or as approved by the Zoning Administrator for screening. In some cases, ! feel the topography of the site provides natural screening from view or vegetation can be installed to accomp!ish the intention of the ordinance. I have also attached copies of the notices I have sent to the apart- ment building owners plus the letters of response I have received to date. Chris Botlis has made an inspection list of the conditions found at each site for us to evaluate. We have 23 apartment building owners and 29 apartment buildings that we have on record in the City. JB/ms . NOTICE TO: APARTMENT BUILDING OWNERS IN THE-CITY OF MOUND FROM: ' JAN ~.ERT~ND, BUILDING OFFICIAL SUBJECT~ PROPER REFUSE CONTAINERS AND CONTAINMENT ~, DATE: july 25, 1983 Our citY would like to inform all apartment owners of the city codes regarding the approved containers and containment of refuse and garbage for multiple residential units, City Code Section~15J08 (c) states~ "Multiple~residential units -shall either be equipped with refuse Containers and refuse pickup service as herein provided or be equipped.With a com~erical incin- erator complying with the requirement of the Minnesota Pollution Control Agency, Refuse containers provided as an alternative to Or ~n addition to such..incineration shall be at least one (1) cubic yard,in capacity, shall be conveniently located in relation- .ship'to'the residential units~for which they are provided, shall be water-tight and rodent proOf with self-closing lids and shall be kept in an enclosed structure concealing them'from public view. Such structure shall have a. raised concrete floor and shall be · surrounded by a concrete barrier curb. Such structure shall be maintained in a neat and'orderly manner at all times. The refuse containers shall be located sothat their contents are inaccesSibl6 to a point at least two (2} feet above the base of the enclosing structure, The owner or'operator of such multiple residential pro- perty shall provide fo~ garbage pickup from such containers each day. Refuse, debriS'garbage and other waste materials shall not be permitted to be accumulated in or near. the enclosing structures except in the containers provided. There shall be daily cleanup in and around each Such enclosing'str~cture." The city offices have received complaints as to the offensive and unsightly appearance of the present practices at some apartment complexes. As of October 1st, the Inspection Department will be en- forcing the above stated city ordinance. Failure to comply could result in legal action by the City of Mound. November 30, 1983 CERTIFIED MAIL You were previously notified on July 25, 1983 Of the City Code Section 1~.08(c) which states that each multiple dwelling structure requires a one cubic yard dumpster refuse container with a concrete base to set the container upo~ and the neces- sary screening of the container to conceal it from public view. An inspection was made of your-property and it was found to be in violation of City Code. If you share a dumpster with another Owner or parcel.of land, you will need to submit an agreement stating the arrangement with them to the Inspection Department. You will need to comply with this notice within thirty (30) days. Failure to.comply will result in legal action by the City of Mound.. If you need an extension to t~e compliance date, please apply in writing to this office and state the reason for your requested extension of time. Jan Bertrand Building Official JB/ms LAN(3DON RENTAL5 262 SEXTON BUILDING MINNEAPOLIS, MINN, 55415 December 1, 1983 Jan Bertrand City of Mound 5341Maywood Road Mound, Mn 55364 Dear Jan, This is to confirm my phone conversation of December 1, with Marge in complying with the notice of November 30. I am asking you for an extention to the compliance date. The builders who are building the home for the elderly next door have been using our ~rive way for their semi trucks and heavy equipment. We fully intend tO comply with your ordinance but before doing so I would like to meet with you to make sure we understand fully the way the structure is to be built. I will be in touch with you next week to set up an appointment. FS/hk Yours ~ver~? truly, Fred Shearer Honeywell ~£c. ~, /ds. ,7,4d. ~ b'Jz ,v/ ,v6 W,"?S~ i Yv 0 .O /~ vt? (¢) · ~&'c [/..,X II0 HOI'4EYWELL INC., SOLID STATE ELECTRONICS DIVISION, ~200~ STATE H~GHWAY 55 PLDdOUTH MINNESOTA 55~41, TELEPHONE 6121541.2300'~ December 7, 1983 Ms. Jan Bertrand Building Official Ci.ty Of Mound 53A1 Maywood Road Mound, MN 55364 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Ms. Bertrand: Re: 2152 Belmont Lane, Mound, Minnesota (PID # 13-117-24 32 0093) I am in receipt of your certified mail letter dated November 30. Please be advised I purchase refuse service from a company called Frank Blacko~iak & Son who also provides service to other'4-plex units in the Mound area. If t need to provide anything other than my contract with Frank Blackowiak & Son, please let me know immediately. Since it is already 12/7 before I returned home from business; and sin:e I reside outside of Minnesota, I expect any.non-compliance will require-an extension time. Again, if in non-compliance .by using an outside vendor, please provide explicit details of any new codes so I may obtain quotations. Thank you. Si'ncerely, Lynettb Coldi ron P.O. Box 7801 Fremont, CA 945 37 Telephone: 415-498-7030 (work) 415-794-7750 (home) December 8, 1983 Jan Bertrand Building Official City of Mound Mound, MN Ms. Bertrand: I received your notice dated November 30, 1983, which stated that the dumpster refuse container requires a concrete base and screening to conceal from public view. Per our telephone conversation, I will not be able to comply until May 15, 1984. This will allow me time to develop plans, which I will review with you prior to implementing, and install the'necessary items once winter is over. Thank you. 4~, 14 MINNEHAHA AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55406 TELEPHONE (61~.) 7Zl-66~.! December 19, 1983 Jan Bertrand Building Official City-of Mound 5341Maywood Road Mound, Minnesota RE: 5600 Grandview, Mound, Minnesota Dear Ms. Bertrand, We have no record of having received the notification referred to in your letter of November 30, 1983. We would like to request an extension of time until the' weather permits.us to correct this situation. We're' enclosing the copy of your letter to further clarify the situation. Thank you for your consid- eration in this matter. Si ncerely, R~yn,~ld M. Anderson RMA/jer O'CONNELL PROPERTIES JAMES G. O'CONNELL 1520 CHARLTON ST., UNIT 309 WEST ST. PAUL, MN 55118 December 22, 1983 City of Mound 5341Maywood Road Mound, Mn. 55364 Att: Jan Bertrand Dear Ms. Bertrand, In response to your certified letter re: 2145 Basswood Lane, Mound, Mn. (PID 13-117-24-32-0090). Dum~s~er on this property is shared between O'Connell Properties 1520 Charlton Street .Unit 309, West St. Paul, Mn. 55118 and two buildings owned by Century 21 Perfection, Inc. Rental Division 2445 Winnetka Ave. North, Suite 101, Minneapolis, Mn. 55427 and serviced by Blackowiak and Son in Mound, Mn. At the present time dumpster is on a black top base and container does not have a screen to' conceal it from public view. Handling with Tom Hawkins, Route 2 Box 509, Montrose, }~. to put in base and screen just as soon as weather permits. Will appreciate an extension on compliance date until that time. Respectfully Yours, James G. O'Connell- O'Connell Properties Danny J. Peters0n - Century 21 Perfection, 2241 Southview Lane Mound, MN 55564 December 27, 1983 'an Bertrand, Building Official :ity of Mound ;541Maywood Road ~ound, MN 55564 :e: Dumpster screening at 2122 Belmont Ln. (PID #15-117-24-52-0097) Is. Bertrand ~irst of all, we are "new" owners at 2122 Belmont Lane, ~aving purchased ihe property on September 29, 1985. Therefore, we did not receive the ~otice of July 25, 1985 regarding dumpster screening and did not know ihere was any action by the city until your letter of November 50, 1985. 'he five apartment buildings on Belmont share two dumpsters, one in :runt' of my property at the north end of the group and one at the ;buth end of the block. The solution must be on a shared responsi- bility basis. agree that the dumpsters are unsightly and need some type of screening ind I will cooperate if a reasonable solution can be found. My concerns s follows: cost must .be reasonable. ~. The cost must be shared by all owners of buildings sharing the use of the dumpsters. ~. The already limited parking space must be preserved.' ;. The existing fire hydrant setback must be considered. ~. The ordnances should be changed to allow blacktop bases as well as concrete bases. ~. The ordnances should be changed to a{low screening fences or retain- ing walks near the street of a height above the dumpsters so that the dumpsters will be out of sight. ~robably the best' solution in my case would be to put the dumpster near ~he edge of the street between my building and the next building, south. [here is an existing abandoned utility pole (no wires) which could be -emoved and dug out to form a semi-natural screened space. Timber -etaining walls on three sides and tall swinging gates on the street side would complete the screening. _et me know when you schedule the owners meeting in the spring. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472~1155 DATE: JANUARY 13, 1984 TO: Jon FROM: Sharon RE: Dog Licenses We called surrounding cities in February 1983 to see how our dog license fees compared. We had lower fees than most. I wonder if the council would consider increasing our fees by one dollar per license so our fees would be $4.00 for neutered and $7.00 for non-neutered. A dollar increase would increase revenue by about $650.00. Also, impound fees were increased in June 1983, so we'll need to have the applications reprinted. I thought i't might be a good time to increase the fee. We haven't had an increase since 1977. In February 1983, surrounding cities had the following fees: NEUTERED NOT NEUTERED Excelsior $ 5.OO $ 5.00 Long Lake 4.00* 15.OO** Minneapolis 6.00 lO.OO Minnetrista 10.OO 15.OO Mound 3.00 6.00 Orono 10.OO 10.00 Shorewood 4.00 4.00 Spring Park 3.00* 6.00* Wayzata 5.00* 10.OO COMMENTS 2 year license 2 year license present fee 2 year license * Male ** Female Hote: The fees were set by Section 39.05 of the Ordinance Code so this would require an Ordinance change. MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMtgN COMMUNITY DEVELOPMENT DIVISION 940 AMERICAN CENTER BUILDING 150 EAST KELLOGG BOULEVARD ST. PAUL, MINNESOTA 55101 (612) 296-5005 December 27, 1983 Mr. Charles Riesenberg City Planner 5341Maywood Road Mound, MN 55364 RE: LW27-O1083A.1, Mound Bay Park City of Mound, Hennepin County Dear Mr. Riesenberg: Enclosed, are four copies of the Amendment to Land and Water Conservation Fund Project Agreement. Please have the authorized public officials for your project sign all Copies and 'return all of them to this office within 30 days. After we receive the signed amendment, i.t must be routed for the remaining state signatures. When fully executed, we will return one copy to you for your files. Sincerely, Robert F. Benner Assistant Commissioner RFB/pb Enclosures AN EQUAL OPPORTUNITY EMPLOYER ~.~, 80S STATE OF MINNESOTA STATE PLANNING AGENCY OFFICE OF LOCAL AND URBAN AFFAIRS AMENDMENT TO [] LAND AND WATER CONSERVATION FUND (LW) [] STATE NATURAL RESOURCES FUND (NR) [] STATE OUTDOOR RECREATION GRANT FUND (OR) AGREEMENT City of Mound Local Unit of Government [] LW 27-01083A.1 Projecf'Number [] NR (LW revision < 50% total ~ OR element cost) This Amendment to Project Agreement(s) Number(s) M/SPA Hennepin County Mound Bay Fark Project Title M/SPA and M/SPA is hereby made and agreed, upon by the State of Minnesota through its State Planning City of Mound pursuant to: Agency, and the [] Eand and Water Cons. ervation Fund Act of 1965, 78 Stat. 897. (LW) [] Minn. Laws 1965, Ch. 810 and subsequent applicable laws, and rules and guidelines of the State Planning Agency. (NR) [] Minn. Laws 1977, Ch. 421, Sec. 2, Subd. 2, 3 and 4 subsequent applicable laws, rules, and guidelines of the State Planning Agency. (OR) In mutualconsideration'ofthe promises, made herein andinthe Agreement(s) identifiedabove, the partieshereto do agreeto amend said Agreement(s)asfollows: Add water system and drinking fountain to project scope. Total project cost to remain the same. Any reference to the Office of Local and Urban Affairs, State Flanning Agency contained in the-~greement~ or in any ~ttachment incorporated thereto, shall hereinafter be considered a reference to the Division of Community Development, Department of Energy and Economic Development. '- In all other respects, such Agreement(s) shall remain in full force and effect and is (are) hereby reaffirmed. APPROVED: COMMISSIONER OF ADMINISTRATION LOCAL UNIT OF GOVERNMENT For By: C'ITY OR COUNTY Title: By ATTORNEY GENERAL STATE OF MINNESOTA By: MAYOR OR CHAIRMAN (NAME & TITLE) Date By Title: Date Approved as to form and execution this day of 19 COMMISSIONER OF FINANCE Encumbered By: Date: CLERK OR AUDITOR {NAME & TITLE) SEAL AFFIXED STATE PLANNING AGENCY By OIRECTOR, OFFICE OF LOCAL & URBAN AFFAIRS Date / / g SP-Zla017.01 Mtnnetonka Post #398 of th~ American Le~on Name of organization ,PS.55'-Wilshire Blvd. Mound Address 5536~ ., a Vet~ran"s ..... organization, hereby applies for a annual annual/single occasion gambling permit. Date to be used weekly Phone Number of Organization ~72-9582' Date Organization was organized 1920 ~urpose of Organization to aid' the Vet. e~ and Oommun'!ty. Servie~ .ete, Type of Gambli.ng to take place: Paddle'heel Yes No Tipboard Yes No- Raffle Yes x No Location of Gambli.ng: Address: 2333-Wllsh!re Blvd. ~ound, Minn~ " '5.5564 Name of Buildi~ng Owner Minnetonka ~ost #398 ............ Is the building ..... owned or leased by the organization . .... 'oWned Date ownership was acquired 1960 If leased, expiration date of lease (Copy of lease must accompany application) Gambli.ng Manager: ' Name of Gambling Manager ~mrome Ee~ Home address 2296-Shadywood Rd. Wayzata~ Mn. 5539~ome Phone ~71-93~ Is Gambl. ing Manager an active member of organization yes (Required) Date membership acquired ~ever~l y~ars Is Gambling Manager paid by the organization for handling the gambling no (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager ~10,000.00 Western Surety Name of Company furnishing Bond agree to file a copy of the bond with the City Clerk. acct. nc Name of Bank where gambl lng fund's will be kept State ~Bank of Mound M~nn. Fed. S.and L. 09-3-50~,913 (At least $10,000 and we '(2) 'Bank Account Number for gambl ing funds State ~ank of Mound Minn. Federal S.and L. Are funds in the above account mixed with other funds no (Answer must be "No") 09-3-50~913 AGREEMENT The American Legion hereby agrees that if the license herein Name of Applidant is granted that the American Legion will save the City, its officers' Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the license or' the conduct of any of the activities authorized by the license. It is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the ordinance and the American Lem~on · Name of App] ican~' hereby authorizes the I~ank named above as the keeper of gambling funds to allow 0-023-90)3 the City access to the figures, and activity of account number 09-;3-50Z~913isted above.- Signed by authorized Officer of Organization Date January 11, ~1-98~ Finance The above application is made on behalf of the American le~ion a.nd all information given herein is true and correct to the best of my knowledge and belief. January 11, 198~ Date ~y~~/~y~_ Inance Offl~er Signature Title Annual Licenses: Expire on January 31 of each year. licenses purchased after February 1. Fees are not prorated for CITY OF MOUND Mound, Minnesota APPLICATION'FOR GAMBLING'PERMIT 'Northwest Tonka Lions 'N'a~le of organization · Mound ' Address Minnesota for a annual annual/single occasion , an non-profit'" o. rganization, hereby appli '' gambling permit. Date to be used Feb.1984 to Jan. 1985 Phone Number of Organization477_'4?7?' Date Organization was organized .Aug.. 30, 1950 Purpose of Organization Promote civic, social and moral, welfare of the community. Type of Gambling to take place: Paddlewheel Yes No x Tipboard Yes -No x Raffle Yes x No Location of Gambli.n9: Address: 5600 Lynwood ~vd.~ Mound, Minn. ' ........ Name of Building Owner Westonka School' Distrie't ............. Is the buildi.n9 owned ov leased by the organization Lea'sed "' Date ownership was acquired ........ If l~ased, -expiration date of lease May. 1984 (Copy of lease must accompany application) Gambli.ng Manager: Name of Gambl lng Manager ~Dana'Ryan~ Home address 4766 West Arm Rd. Spring Park, Mn. Home Phone 471-7438 is Gambling Manager an active member of organization yes-on (Required) Date membership acquired Mar 1980 Board of Dir. 4 years. Is Gambling Manager paid by 'the organization for handling the 9ambli.ng No (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager $10,000 (At least $~0, Name of Company furnishing Bond State Farm Ins. and we agree to file a copy of the bond with the City Clerk. Name of Bank where gambling funds will be kept State Bank of Mound Bank Account'Number for gambllng funds 190892 Are funds in the above account mixed with other funds (Answer must be "No") No AGREEMENT The Northwest Tonka Lions hereby agrees that if the license herein Name of Applidant is granted that the Northwest Tonka Lions will save the City, its officers Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any of the activities authorized by the license. It is further agreed that monthly reports shall be furnished the City by the .Gambling Manager as directed in the ordinance and 'the Northwest Tonka Lion~ Name of Applicant hereby authorizes the Bank named a6ove as the keeper of gambling funds to allow the City access to the figures and activity of account number 190892 listed above.- The above, application is made on. behalf of the Northwest Tonka Lions and all information given herein a.nd belief7 Signature itle Annual Licenses: Expire on January 31 of each year. Fees are not prorated for licenses purchased after February 1. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 January 9, 1984 .TO: FROM: CITY COUNCIL CITY MANAGER This week the County finished up their work to-preliminarily 1984 Mill Rates for Mound. They breakdown as follows: MILLS PERCENTAGE 1983 CHANGE City of Mound 17.207 16.10% 15.501 +1,706 School Dist. #277 52.906 49.52% 51.751 +1.155 Vocational School 1.446 1.35% 1.119 + .327 Misc. Levies 5.318 ~.98% 5.106 + .212 Watershed Dist. .281 .26% .086 + .195 Hennepin County 29.689 27,79~ 28.451 +1.238 TOTAL 106.847 100.00% 102.014 +4.833 set the ASSESSED VALUE !984. Personal Property 927,596 Real Estate 59,603,151 $60,530,747 Contribution to Fiscal Disp. Received from Fiscal Disp. TOTAL (1,200,050) 4,779,705 $64,110,402 1983 917,682 $60,448,509 (1 ,076,123) 4,155,258 $63,527,644 CITY OF MOUND e APPLICATION FOR BINGO' PERMIT (If an organization, give organization name) Bingo Manager (Name) ~~~.~~~~~ ' ' ' .. ' ~ddress, Address of where Bingo will be played ~Z~ ~/~ ~ Dates and Hours Bingo will be played · '.' (Attach separate sheet if more room necessary). 6....Is Licen'se Fee' a~tached? Yes N'~~/ Amount Fidelity Bond:' (a) Amount '(b).' Name of Bon~ing Company (c) * (Minimum $10,000.) Expirati:6n Date..of Bond - Fraternal'~'relig!o.us, vet.era.n an~ other n.on-pr.ofi~ ~ organi'zat'io'n's may r6~ues.t the Bond t~ be waiv..ed. Please. indicate below if you are making such a .request'2' . *NOte: ~ignat~e /cf Person.~ing application BILLS .... JANUARY 17, 1984 Air Power Ec/uip Acro-MN A & K Constr. Areawide Locksmiths Ben Franklin Blackowiak & Son Bryan Rock Products Butchs Bar Supply Bradley Exterminating Jan Bertrand Cargill Sal:t Conway Fire & Safety Bill Clark Oil Coast to Coast Coca Cola Bottling City Club'Distributing Cash Register Sales Copy Duplicati.ng Prod Continental Safety Equip Century Auto Body Davies Water Equip Dependable Services Duanes 66 Day Distributing East Side Beverage Flahertys Happy Tyme Fire Control Extinguisher G 1 enwood Ing 1 ewood Itlies& Sons Johnson Welding K°°l Kube Ice Lowel 1 s Au to LOGIS The Laker Lehn Electric Marina Auto Supply Minnegasco Mound Fire Dept Mound Super Valu Wm Mueller & Sons Martins Navarre 66 Mpls Saw Co. Navarre Hdwe N .S .P. A.J. Ogle Inc Pepsi Cola/7 Up Patco Road Supply PDQ .Food Stores Pogreba Distributing Royal Crown Beverage Regal Window Cleaning St. Cloud State Univ. 197.25 151.39 41,311.f~o 47.50 163.71 56.OO 282.48 74. O0 19 O0 11 O4 1,163 96 534 96 2,978 12 130 O1 423 45 2,260 18 12 64 1,895 OO 117 O7 493 ~40 140.07 33.00 6. O0 2,421.97 3,474.6O 343.2O 19.50 52.45~ 4,179.O0 905.25 24. OO 135.14 1,696.20 130.60 131.4O 767.96 4,092.70 3,921.35 133.29 3,110.14 55.OO 26.50 175.93 4,717.93 l, 623.8O 288.1 5 79.90 1,643.99 4,70O. 3O 137.50 I0.75 536. OO Spring Park Car Wash Shields Printing State Bank of Mound Twin C~ty Home Juice Thorpe Distributing Triangle Engineering Unitog Rental Viking Chevrolet Xerox, Inc. Ziegler Tire Service Holly Bostrom Bill Clark 0il Jon Elam Feed Rite Controls First Bank Mpls Fire Marshalls Assn of MN Identi Kit Co. Jones Chemical Kustom Quality Electronic MN Wastewater Operators Assn Monarch Food Service Mtka Sportsmen, Inc. Minn Comm MN Park Supervisors Assn N.W. Bell Tele North Star Chapt ICBO Smith Heating & Air S.O.S. Printing Widmer Bros. A.T.O.M. Robert Cheney Griggs, Cooper Henn County Recorder Internatl Assn Chiefs Police Johnson Bros. Liquor Mound Postmaster MAPLE MACTA MN Pollution Control Agcy City of Mound P/C Old Peoria Inc. Police Officers(84 Unif) Ed Phillips Brad Roy State of MN Documents Nels Schernau Sunwood Inn Towsley Sports Treas-State of MN Wyatt-Danca Sports TOTAL BILLS 93.00 225.00 ]3.20 ~3.72 3,962.45 3,800. 356.43 1,023.00 82.72 109.17 138.00 29.70 40.98 160.57 4.OO 10.00 384.O0 237.60 1,995.00 5.oo 44.18 5o.oo 28.75 15.00 27O.05 25.OO 20.00 188.75 87.O0 20. 326. 2,538,35 3.O0 25.OO 2,989.08 6OO. OO 114.00 6O.OO 9o. oo 32.69 1,356.19 3,335.00 2,223.65 138.07 12.O0 10.27 59.41 158.OO 197.83 357.90 120,145.04 In our budget proposal we had estimated Assessed Value at $64,512,465, a difference of $402,063. I had over estimated that our basic value would increase more than $82,000 out of $60 million. One mill equals a total of one tenth of one percent of the total Assessed Value or a total of $64,110.40. To figure out the total property taxes due in 1984 (before Homestead Credit deductions) you multiply $64,110.40 times our mill rate of 106.847 which equals approximately $6,850,003.90, an increase of $B69,295.24 or 5.7%. Thus without any increase in values or Homestead Credit, that would be an increase in taxes in 1984 over 1983. Unfortunately, with a major restructuring of the Homestead Credit program in 19893, that may not prove to be the case. JE:fc 2 LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDE:RWOOD MINNEAPOLIS, MINNESOTA 55402 January 4, 1984 (6t2~ 338- 4-200 Mr. Steven G. Shank, President Mr. Joseph M. Joyce, Secretary and General Counsel Tonka Corporation 4144 Shoreline Boulevard P. O. Box 445 Spring Park, MN 55384 Re: City of Mound v. Tonka Corporation Dear Steve and Joe: The Mound City Council at its regular meeting on January 3, 1984, approved the settlement which was contained in my letter of December 27, 1983. I am enclosing herewith a copy of the resolution adopted by the Council and if you so desire, you can receive a certified copy from the City Clerk. The Council: understands the change from 12% to 11% if you choose to split the payments. I think the only thing necessary at this point is for you to transmit your money to the City and choose whethe'r you wish to pay the one lump sum or pay-the sum of $95,346.93 now and the balance on or before November 15, .1984. I believe this concludes my handling of the case, and I wish to thank both of you for your courtesies and cooperation in getting the matter resolved. ~ery truly you~ / Curtis A. Pearson, City Attorney City of Mound CAP:Ih Enclosure cc: Mr. Jon Elam BULLETI metr. opoJ[t.an mun apa mes N December 28, 1983 TO: AMM Member Cities May ~d Managers/Administrators FROM: Joh~ Irving, AMM President There are several items I would like to bring to your attention: - - - AMM MEMBERSHIP MEETING TO CONSIDER ADOPTION OF LEGISLATIVE POLICIES FOR 1984 - TUESDAY, JANUARY 31, 1984: There will be a meeting of member city delegates on T~uesday evening, Januaru 31~ ~1984, 7:30 P.M.( in the St. Louis Park Recreation Center, 5005 West 36th. Street, _St._Louis P~rkt Minnesota to consider"and adopt additional legislative policy ~6r the 1984 Legislative Session. Attached to this bulletin, are copies of the proposed policies to be considered at this meeting. Some of the policies are modifications to existing policies and several are new policies developed by the AMM standing legislative committees and approved by the AF~4 Board of Directors. Pursuant to the AMM By-Laws, each member city is entitled to at least one vote and three cities have additional votes based on a limited "one-person-one vote" concept in the By-Laws. Based on this factor, Bloomington has two votes, Minneapolis has seven votes and St. Paul has five votes. Voting by proxy is not permitted, nor may any delegate cast more than one vote. Ail cities are invited and encouraged to send additional representatives who may participate in the debate and discussion in addition to the voting representatives. TRANSPORTATION ADVISORY BOARD (TAB) VACANCIES As a result of the recent city elections, there are two city vacancies on TAB. Cities within the 7-County Metropolitan Area are allocated 10 positions on the ver~ important board and the AMM has the responsibility for making the nominations. The individuals selected to fill these vacancies will serve the balance of the terms which expire October 31, 1984. To be eligible for nomination and to serve, you must be a Mayor or Councilmember and you must also be willing to serve as a member of the AMM's Transportation .Committee. 1 g3 university ~vcnuc east, st. paul, minnesota 551 01 (612) 227-5600 -2- The TAB regularly meets the 3rd. Wednesday afternoon of each month in the Metropolitan Council Chamber. The TAB provides general transportation advice and counsel to the Metropolitan Council, MTC and MN/DOT and one of its most important functions is to annually determine FAU projects funding priority. THE AMM BOARD IS SEEKING RECOMMENDATIONS FOR THESE VACANCIES VIA THIS BULLETIN AND THE RECOMMENDATIONS SHOULD BE FORWARDED IN WRITING TO THE AMM OFFICE, ATTENTION OF VERN PETERSON, BY NO LATER THAN MONDAY, JANUARY 23, 1984. _ _ _DESIgNATIoN OF THE ~'~'TROPOLITAN AREA REGYOWAL CABLE~iCHANNEL 6 AGENCY. The Minnesota .Cable Communications Board, at the request"of the AMM, has granted a six month delay to July 2, 1984 for applications to be submitted for designation as the Regional Cable Channel 6 agency. The delay was granted to give cities and other agencies time to organize and submit applications since it appeared that only the Metropolitan Council was going to apply at this time. The AMM Board has approved policy that will be considered by the full membership on January 31, 1984. The policy opposes Metropolitan Coinncil as the Channel 6 operating agency, opposes pending legislation designating the Metropolitan Council as the creator of an operating agency, and urges the cities through individual CST's to form a Metropolitan joint powerb commissi® to apply for the designation. The AMM is.urging member cities to work quickly through the local CST's to organize this effort since time to act is short. It is essential that some organizational activity occurs in the March time frame so that the legislators can be shown that the pending legislation should not be enacted. It is also necessary for the city organization to follow through with an application by July 2, 1984 or the Metropolitan Council will win the designation by default. ' Channel 6 was designated by state statute to be reserved on all Metropolitan area cable systems for public programming of regional interest. The definition of 'public programming' is very vague but some guildelines are being developed by the State Cable Board. For additional information, please contact Roger Peterson at the AMM office (227-5600). I WOULD APPRECIATE IT IF THE ADMINISTRATIVE OFFICIAL RECEIVING THIS BULLETIN WOULD COMMUNICATE THIS INFORMATION TO THE APPROPRIATE OFFICIALS IN YOUR CITY. SUFFICIENT COPIES OF THE PROPOSED LEGISLATIVE POLICIES HAVE BEEN ENCLOSED FOR DISTRIBUTION TO MAYORS AND COUNCILMEMBERS. I would also like to take this opportunity to welcome all newly elected ~ayors and Councilmembers to the AMM and to ex~end a special invitation to attend the January 31st. membership meeting! DATE PROJECT SUBJECT PRESENT MEMO BY COPIES TO: January 5, 1984 Town Square Meeting, January 4, 1984 ~. Romness, Paul Christian, n Elam, Frank Hancuch, Oiane Tice, Saul Smlley Saul Smiley Those present SMILEY Gl.OTTER ~ATES Architects Engineers Planners 1021 LaSalle Avenue Minneapolis Minnesota 55403 (612) 332 1401 memorandum Review of the project site north of Lynwood was discussed. It was pointed out that as of this time interested property owners were Mound Clinic, Mound State Bank and Thrifty Orug. Each contemplates possible ownership of separate plats within the site while sharing common area services, parking, etc, The best approach seemed to suggest platting of the entire area into separate parcels as Phase I. These to be owned jointly by the three irrespective of the number of parcels and be underwritten by them or the City. Those parcels in excess of the needs of the three initial owners could possibly be developed by them or retained under City ownership and sold off to other compatible users. It being the intent that appropriate zoning would be maintained for the benefit of an ultimately unified development. Further discussion centered on procedure and timing. The steps to be taken were: 1. Develop plans for the site. 2. Establish a proposed plat in two Phases. 3. Submit a Workable plan to the Ci.ty for Phase I. 4. Show Phase II as a possible second stage development for a later time. ' 5. The first submittal would be to the Planning Commission. (Their concerns essentially site issues and land use.) 6. Upon satisfaction of the Planning Commission submittal would be made to the City Council for economic feasibility, terms, type of proposal, etc. 7. From City Council to the Housing Authority. Here the procedures for Tax Increment acquisition would be initiated. Some suggestions for consideration Were these: o Try to clear the area of the Anderson Building and Johnson Bakery if at all possible via - property trade offs or purchase. Maintain parking availability on the site for the Church, Arena and Sr. Citizens. MEHO January 5, 1984 Page two Formulate an ownership structure that would serve to represent the group. o Prepare a pro forma with the project plans for Council approval. O O Look at funding of 15 - 20 years as opposed to 25 years. Approach present property owners and seek options for purchase in amounts less than the present appraisals. Bear in mind and investigate I.R. Bond ruling as of January 1, 1984 - check new minimum limits. When plans are completed Saul will contact Jon Elam and arrange for presentation before the Planning Commission. auo~u¥ '~u~%aam ~eN aq~ ~o$ Xpea~ maq% aAeq pue'~6T u~ p@qs~Tqn~ aq aaeo OTTR0 A~TTen0 $o ao%oaJIO aAT~noaxM - ZgTeN eToIa%ea :H~MVMHS &SMRO P~6I ao~.,~UOT%Oa~oaR - ~B6T $o AaTA~H ~uI~aaX dTqsaaqmaN Tenuuv 8I 'ue£ - %s!W eMuo%auuTw - ONI&/MW HIHSHM~NMN qVH3N3O AHVDNVC '-C~_~L~NDAR Mound Retail Council''Moun~ City Chambers, 7:~0 A.M. Governmental Affairs (iouncil - Lafayette Club, ?:JU A.M., subject: Deregulation of the telephone industry with speaker Mr. Bud Miller~ ~ubltc Affairs Coordinator from Contel. Reservations - 47l-8, MD l~ - Boare of Directors Meeting - Twin Birch, 7:~ A.M. Il - Navarre Retail Council - Park'Bench, 7:45 A.M. General Membership Meeting - M~nnetonka Mist, ll:50/Social, 12:OO/Lunch, Annual Membership Meeting, Guest SpeaKer: Fatricia MaAtz, ~xecutive Director of Quality Child Care. Rese~ations to ~72~678U. ~5.~O FEB. 2 - Governmental Affairs Council - ~fayette Club, 7:JuA.M. ~ubject: Deregulation of the telephone industry with speaker from Northwestern Bell. Reservations - 471-8J94 7 - Mound Retail Council - Mound City Chambers, ~:JO A.M. 8'.- Navarre Retail Council - Park Bench, 7:~5 A.M. 14 - Board of Directors Meeting - Twin Birch, 7:00A.M. 15 - NO GENERAL MgMBERSHIM MEETING - ~ee you at the Mid-winter Ball! · 2~ - 2nd ANNUAL MI'D-WINTER BALL- Lafayette Club THE BALL IS ROLLING! Chairperson Diane Theis and her capable committee are p~anning ~ wonderful evening for us again this year. The event is being expanded to include a cocktail hour with relaxing piano music (6:DU to 8:U~).followed by a Candlelight Dinner an~ Dancing to eigh Kallestad's New Vintage Ban~. Committee member Steve Wood 47i-8J~), IW85 Fresident-Elect, is heading up the raffle and silent auction programs. Frizes donated so far include two framed Terry Re~lin Frints..Thank-you Mr. Redlin! Contact ~teve with any .~uita.£. prizes ~.~onation. Tic,ets wiJ! be available starting Jan. 18 at ~he Chamber Office (~72-678u), First National Ban~ of the La~es, state Bank of Moun~, Navarre Ceramics, West Tonka Interiors, Fiowers By Helen, Lafayette Club, s.0.5. Yrinting, Mound Meaical Clinic and at the Jan. General Meeting. The December General Membership Meeting was a delightful musical interlude Thanks to the Crandview stage Band aha the GPandview Guys and Gals eirectea respectively Dy Bill MacIntyre an~ Jane Bambllla. ( Mound Super-Valu and the Mist provided refreshments for our entertainers.) CONGRATULATIONS TO KOENIC, ROBIN, JOHNSON, AND WOOD FOR WINNING THE DIR~CTORS CHRISTMAs DECORATING AWARD! ! ! Honorable Mention went to: LONGFRE'S, WEsT TONKA INTERIOR~, WE~TONKA ~FORTS, THE TRADING MOST, ANII TWIN BIRCH. The Greater Wayzata Area Chamber of Commerce is presenting its Dth~ Annual ~mall Business ~eminar ( Jan. 25-April 25 ) and invites all Westonka r residents to join them. Westonka Chamber Members in good standing may r. egis- ter at reeuce~ Chamber Member prices! Watch the mail for the brochures in the next two weeks or call Chic at the Westcnka Chamber office (a72-6780) Flease remember that you are encouraged to attend any Chamber function irregardless of current Membership status! Lets all Work Together!! /27. ~' MINNE7'RI$7'A m NAVARR~ -- uJestonko c rec chc mber o$ commerce Membership in the Westonka Area Chamber of Commerce is open to all those who are interested in the well-being and development of this area, its people and resources. If you are interested in supporting this effort, please review the following dues schedule and return the lower portion with full or partial payment (semi- annua± or ~uarterly payments ere fine). For m.ore information you may contact Chic Remien at the Chamber office .(q72-6789) or attend any or our monthly meetings. 1'. COMMUNt-TY - $37.00 - Available to individuals who are interested in the Westonka dommunity even though they do not have a business in the.area. '2. NON-PROFIT AND SERVICE ORGANIZATIONS - $37.00 3. MuNiCiPALITIES - $50.00 4. SMALL BUSINESS - $80.00 - 0 to 4 Employees* 5. MEDIUM BUSINESS - $160.00 - 5 to 12 Employees* 6. LARGE BUSINESS -.$365.00 - More than 12 Empl.oYees* 7.. ASSOCIATE BUSINESS - $175.00 - Available to businesses whose base of operations is outside of the Westonka Area, but whose general interests will be served by limited access to the Westonka Area Chamber of Commerce!s activities. Does not include 9eneral membership votin9 privil~$es~. ~oes include Committee Participation. * Two Part-time'Employees : One Full time Employee Regular billing invoices are available for those who need them, call 472-6780. £984 westonKa Area Chamber of Commerce Membership Application Member Name (BGsiness or Individual) AdQress: Phone: Contact Person or Persons: Date: Shoudd we contact you for 198~ Directory Advertising: Yes No Are you interested in being involv'ec in any specific activities'f . All applications are subject to approva~ ~',v the Eoaro of Dir=~tors ,Mail to: 5600 Lynwood Bivm , F..ound, ~5D6~ The angel answered Mary, "The Holy Spirit will come upon you, and the power of the Most High will overshadow you. So the Holy One to be born will be called the Son of God." Luke 1:35 .December 1983 Love 'is a basket with 5 loaves and 2 fishes. It's never enough until.you start to give it away, I quote Timeless Insights - - "In Mark 6, ~he disciples underestimated the power of their Teacher. The feeding He began in the spiritual realm carried over into the physical world as well - abundantly!" Jesus can .meet our every need "exceed- ing abundantly above all that we ask or think." Ephesians 3:20 Thank you pastors, parishioners, volunteers, organizations, and members of the community for your spiritual, physical and financial support of WeSt Tonka Christian Services in 1983. May God bless you in a very special way in 1984. Peace and Love, Donna~Grinvalds, Director GOVERNMENT COMMODITY DISTRIBUTION You are urged to write letters to our 2 U.S. Senators and our Representative to ask them to vote to continue the govern- ment commodity distribution of surplus foods, and to provide the full quota of food to our area. For the last 2 monihs we have received only 2/3 of the food Supply needed, and have had to turn people away empty handed. The money has not been available from the government to pay for trucking the food to us, and we have to come up with payment for delivery. CLOTHING PennJa~ise Shop is giving more clothing away this fall then before. They have been getting a lot of donations, but can always use more. Children's clothing of all'kinds is especially needed. Hours Tuesday 10:00-4:00 Wednesday 7:00-9:00 pm Friday 10:00-5:00 Telephone 472-2079 MEALS ON WHEELS There are 10 meals in Mound and in Maple Plain daily. If there is anyone who would like to participate in this program, either as a volun- teer to deliver meals, or to receive these hot meals in their home, please call Irene jezorski at 472-1550. TRANSPORTATION WTCS is to receive a grant of $750.00 for 6 months from Hennepin'County for trans- portation. Some of th~) money will be used to pay a stipend to a new coordinator, as Ann Dale has left. ~YT-he grant will also be available to reimburse volunteer drivers $0.20 per,mile, if they tabulate mileage driven. We are hopeful, however, that volunteer drivers who can afford to will continue to donate their servioes. More drivers are needed so that any volunteer would need to be contacted only once each month %o drive. We want to say thank you to our beautiful Lady Ann for the wonderful job she has done this year as Transportation Coordinator for WTCS. 'We have been blessed by knowing her and seeing the energy and spirit she puti~to tJtis pasition.~_ FOOD SHELF QUARTERLY STATISTICS WTCS AND WHHS Sin~e August the Food Shelf has met 52 requests for food which includes 179 individuals. Food especially need, ed at the Shelf include chicken soup, peanut butter, hot cereal, tuna, coffee, juice, sugar, cooking oil, crackers, cake and cookie mixes and soaps. 'Thanksgiving.baskets were distributed and included 40-turkeys which were do- nated by Mound businesses. Other dona- tions were made by sponsoring organiza- tions and individuals. Meals provided Food Shelf ............ 2148 Rides Given {one way) .................133 Help with Utilities ................... Rent/Deposit ............................ 5 Auto Gas Tank Fills ......· .............. 10 Prescriptions ........................... 1 Shelter ............................5 nights Grant Contacts ......................... 40 Clothing ........... ' ..................... Bus Tokens ....................... 2 peoplu Groceries/Meals ........................ 2t Misc. Repairs ........................... 2 THE SHEPHERD SPEAKS Out of the midnight sky a great dawn bF~ke, and a voice singing flooded us with song. In David's city was He born, it sapg, A Savior, Christ the Lord. Then while I sat shivering with the thrill of that great cry, a mighty choir sang, Glory to' God, and Peace - Peace on the earth. My heart, almost unnerved by that swift loveliness, would hardly beat. Speechless we waited till the accustomed night gave us no promise more of sweet surprise. Then scrambling to our feet, without a word, we started through the fields to find the Child. John Erskine ~I2H~ M0990~ AlwoInO 99IM SW3H±O 'NON II OO S3IDN3~V LN3NN~3AOD ONV S3INVd~QO2 39~¥9 JO S±09 'W3±SAS 21¥AI~d NMO ~noA 3S¥3q 80 O9I~8 ~S~P no^ ,,'SSYdZS,, O39q¥3 S~I '~3S~ HDnoN3 DIS 2SOH~ DNIAVd OIOAV O~ Sd~S 3~¥~ qqIM S30IA~S SNOI~V~IN~O~ -312± JO S~3Sfl 918 AqqV3~ 3H± IVHl SI 2~3H 3~V~S £V SROIA80 SI OIg09 "±I ~OBV ~NIHI 01 d015 ~OA N3HM 'gNINIVgdX3 ~0 ~I8 V S3~V~ ~NIOd 83±~V9 SIH± '3AIA~RS ~ON AVN ¥OIW3NV NI ~I MONN 3M S¥ 30IA~3S 3NOHd 9VS~3AINR · 'Aq3~IgNR AgHgIH 38 99IM ~ 3H~ AB O3±VNI~S3 SV ~S~V3A XIS ~X3N 3H~ ~3AO ~Oh SV HOrN SV AB $3SV3~030 * 'MOONIM 3Hi 1~0 3B 99IM S31V~Z3ONV~SIO-gN09 S~g1¥ NI 3S¥3~O30 ~OT 3~VIO3~I NV * 99VH AIIO HV93 ~ NVHIVNOP ~$Iq qhsgho0 ~T 9£BBhO£9££B ~TO0~ 'O'O *NOIgNIHSYM 6gOL£ XOB 'O'd ! · 833630~887622 00~65~D (CONT) PAGE: 0002 LEAD IF THE EFFECT OF A NEW FEDERAL LAW LOCKS IN ARTIFICIALLY HIGH LONG-DISTANCE RATES. THE REST OF US WILL BE STUCK WITH PAYING ALL THE COSTS --PLUS THE SUBSIDIES -- FOR THE PRESENT TELEPHONE SYSTEM. WHAT IS SO DISMAYING TO ME IS THAT NONE OF THIS NEEDS TO HAPPEN. IF CONGRESS JUST LEAVES NELL ENOUGH ALONE, NE WILL HAVE LONER PRICES AND A COMPETITIVE MARKETPLACE. EVERYONE, EVERYWHERE, CAN .COUNT ON ACCESS TO A STATE-OF-THE-ART UNIVERSAL PHONE SYSTEM WHETHER THEY USE IT A LITTLE OR A LOT. THE COMING OF COMPETITION TO THE TELEPHONE SYSTEiM DID NOT HAPPEN OVERNIGHT AND THERE HAS BEEN PLENTY OF TIME TO STUDY AND PLAN FOR IT. MORE. THAN 10 YEARS AGO THE FEDERAL COMMUNICATION-S COMMISSION BEGAN INTRODUCING POLICIES AND GUIDELINES TO ENCOURAGE COMPETITION. NEARLY TWO YEARS AGO, A FEDERAL COURT BEGAN REVIEWING A PLAN TO BREAK UP THE BELL SYSTEM. LAST YEAR, AFTER EXPERT REVIEW AND ON THE BASIS OF PUBLIC HEARINGS WHICH BEGAN IN 1978, THE FCC ANNOUNCED A SIX-YEAR-PLAN DESIGNED TO GRADUALLY MOVE AMERICA'S TELEPHONE INDUSTRY FROM A GOVERNMENT-REGULATED MONOPOLY TO THE FREE MARKET. HISTORICALLY, LOCAL TELEPHONE RATES WERE KEPT LOW BECAUSE LONG- DISTANCE REVENUES WERE USED TO SUBSIDIZE LOCAL COSTS.- NEARLY q0 CE'NTS OF EVERY LONG-DISTANCE DOLLAR WAS PLOWED BACK TO LOCAL COMPANIES TO COVER COS'TS. IT WORKED WELL WITH A REGULATED MONOPOLY, BUT IT WILL NOT WORK IN THE FREE MARKET. AT THIS JUNCTURE IT IS SHAMEFUL THAT SOME MEMBERS OF CONGRESS STILL WANT TO PLAY POLITICS WITH SOMETHING AS IMPORTANT AS OUR TELEPHONE SYSTEM. OUR PHONE SYSTEM NASN~T BUILT B~ THE GOVERNMENT. OUR PHONE SYSTEM WASN'T PAID FOR BY THE GOVERNMENT. IT DOESN'T NEED TO BE FIXED' BY THE GOVERNMENT NON. PROBABLY THIS MONTH, THE SENATE WILL BE CONSIDERING ITS VERSION IS.1GG0)' OF THE LEGISLATION ALREADY PASSED BY THE HOUSE. THE OUTCOME MAY BE A VERY BAD LAW. I HAVE WRITTEN TO YOU BECAUSE, AS A PROMINENT MEMBER OF YOUR COMMUNITY, I BELIEVE YOU SHOULD KNOW THESE FACTS. I HOPE YOU WILL AGREE THAT NOW IS THE TIME TO LET COMPETITION GO FORWARD AS PLANNED...THAT NON IS NOT THE TIME TO LET POLITICS UNDERMINE THE FUTURE OF AMERICA~S TELEPHONE SYSTEM. COULD YOU TAKE A MOMENT TO WRITE YOUR SENATORS AND TELL THEM WHAT YOU THINK. THERE IS A GREAT DEAL AT STAKE HERE, AND YOUR SUPPORT IS VITAL. SINCERELY YOURS, N.M. ELLINGHAUS PRESIDENT, AT&T ~ubert M. Bumphrey Institute of Public. Affairs 909 Social Sciences 267 19th Ave. S. ~inneapolis, Minnesota 55455 JANUARY 1984 EVE~ '% Contact Person: Betty Radcliffe Public Education Office (612) 376-9801 Sun. Jan. 1 Mon., Jan. 2 Wed., Jan. 4 Thurs., Jan. 5 Fri., Jan. 6 Sat., Jan. 7 Sun., Jan. 8 Jan. 9, 10 Mon., Jan~ 9' Tues., Jan. 10 12:00 noon 3:00-5:00 p~. 3:30-5:00 p.m. 5:30-7:30 p.m. 10:15-11:45 a.m. 4:30 p.m. 7:00 p.m. 10:00 a.m. 12:00 noon 4:00-9:00 p.m..' 12:15 p.m. 2:00-4:30 p.m. 12:15 p.m. NEW YEAR'S DAY Minnesota Issues. 'Host: Arthur Naftalin. KICA TV. #Remembering the Holocaust." Guests: Elie Wiesel, Survivor of Auschwitz and Buchenwald; author; chairman, O-~. Holocaust Memorial Council. Repeated 7:00 p.m. KTCI-TV, Wed. Jan. 4. ~IVERSITY HOLI~AY Special Faculty Meeting. 451 Law Building. Minnesota Development _Polic~ Workshop. "Development Dynamics: The ~mong Experience in the U.S." Guest: Simon Fass, Humphrey Institute. 230 Classroom Office Building, St. Paul Campus. O~n, no cost. Contact Margi Dewar, 373-4621. Reflective'Leadership Alumni Association Reception. 2610 Living ~ Contact: Patti Lawler, 376-9784. Strate~iq Management Colloquium. "Information as a Resource." Guest: Harlan Cleveland, Bumphrey Institute. ~ 15, Law Building. Contact John Bryson, 376-3296. Alumni Association. Humphrey Institute Alumni Association Board Meeting. 2610 Living Rocx~ Contact: Jayne Marecek, 376-9781. Weekend. Editor: Ted Kolderie. KTCA TV. l~epeated Sundays, 12:30 p.m. State Hearin9. Prof. Art Naftalin is one of eight me~bers of a commission appointed by the Governor t~ study possible changes in the constitutional offices. This is the first of two hearings to be held by the cxm~ission, and is open to the x:~blic. ~ 15, State Capitol. Contact: Art Naftalin, 373-9909. Minnesota .Issues. Host: Arthur Naftalin. KTV3% TV. "Closing the Gender Gap." ~uest: Elizabeth ~Janeway, author and w~men's rights activL~t. Repeated Wednesdays, 7:00 p. K~CI-TV. Reflective Leadership Program. Leadership in Public Pol.ic~. Saminar. "Common Good, Justice and Law -- Leadership Toward What?" Resource Person: Prof. Mulford ~ Sibley. (Prof. Sibley will also address this topic Jan. 16-17 and 23-24) Living Registered Students. Contact: Sharon Anderson: 376-9855. Dialogue on Euromissile Deployment. "U.S. Role in NATO." Guests: Harlan Cleveland, Humphrey Institute, former U.S. Ambassador to NATO; David Pearson, Military Science (response); and Brian Job, Political Science (moderator). West Bank Union Auditoriu~ Free and Open to the Public. Contact: Patti Lawler, 376-9784. (H~phrey Institute Public Affairs Student Association is a co-sponsor of this week-long series.) Research Con~ittee Seminars/Hearings.. Topics: Rethinking Social Policy; W~men, Public Poli-~y and Development; Youth Policy; Con, unity Development Program; Criminal Violence Project. 2610 Conference l~ Open to Institute faculty, fellows and staff. Contact: Sally Menefee, 376-9666. Dialogue on Euromissile Deployment. "U.S.-Soy let Relations: Europe between the Superpowers." Guest: Terry Hopmann, Political Science. West Bank Union Auditori~ Free and Open to the Public. Contact: Patti Lawler, 376-9784. ~., Jan. ll uts., Jan. 12 · i., Jan. 13 Jan. 14 Jan. 15 ~n. 16,17 Jan. 16 des., Jan. 17 ~d., Jan. 18 12:15 p.m. 2:00 p.m. 3:00-5:00 pm. 7:00-9:30 p.m. 8:30-10:30 a.m. 12:15 p.m.. 3:30-5:00 p.m. 7:30 p.m. 10:15-11:45 a.m. 7:00 p.m. 10:00 a.m. 11:30 a.m. 12:00 noon 4:00-9:00 p.m. 2:00-4:30 p.m. 3:00-5:00 p.m. 7:30 a.m. 7:00-9:30 p.m. Dialogue on Euromissile Deployment. 'Is There a Need?' Guests: John Harris, Poli{ical Science; and Randy Scheunemann, CLA student. West Bank Union Audit~ri~ Free and Open tO 'the Public. Contact: Patti Lawler, 376-9784. Minnesota/Wisconsin Dialogue. Two day conference called jointly by Governors l~erpich and Earl. Spring Hill Center. At the final ~es~ion of this conference, Prof. Arthur Naftalin, H~mmphrey Institute, will host a discussion between Governors Perpich and Earl which will be taped for broadcast on Minnesota Issues January 15. Contact: Arthur Naftal in, 373-9909. Faculty Meetin9. ~50 Social Sciences. Reflective Leadership Program. Social Ethics in Policy Seminar. "Power, Class and Politics.' Guest: Dr. Naomi Scheman. 2610 Living Room. Registered Students. Contact: Sharon Anderson, 376-9855. Reflective Leadership Consultation Series. Ira Schwartz and Arvonne Fraser, H~phrey Institute, will give an overview and implications for Minnesota of sclc of the key issues and trends in public policy areas affecting girls and youngwcmen. 2610 Living ~ Reservations ]a_~quired. Cost: $5. Contact: Sharon Anderson, 376-9855. Dialogue on Euromissile Deployment. "European Views." Guests: A Panel of International Students. West Bank Union Auditoriu~ Free and Open to the Public. Contact: Patti Lawler, 376-9784. ~ Minnesota Develo~ment Policy Workshop. "Overview of Contemporary Theories of Distributive Justice." Guest: Roll Sartorius, Department of Philosophy. 230 Classroom Office Building, St Paul Campus. Open, no cos~ ~Contact Margi Dewar, 373-4621. Dialogue on Euromissile Deployment. "Political Objectives and Political Action." Speakers include: Martin Sabn, U.S. Representative; Mary Davidov, Honeywell Project; Pam Costain, Women Aga~..'~t Hilitary Madness, Becky Minnick, Campus Northern Sun Alliance; Nancy MacGibbon, Grassroots Action for a Strong and Secure ;%merica. 125 Wiley Hall. Free and Open to the Public. Contact: Patti Lawler, 376-9784. Strat~ic Management Colloquium. "Strategic Management of Change." Guest: Noel Tichy, University of Michigan. Room 15, Law Building. Contact John Bryson, 376-3296. Weekend. Editor: Ted Kolderie~ KTCA TV. Repeated Sundays, 12:30 p.m. State Hearing~ Held by Commission to Study State Office Options. See Jan. 7. Matrix. "Women Entrepreneurs: Helping Disadvantaged W~men Bec~e Independent. ~-program of the 1984 series features Arvonne Fraser, Humphrey Institute. This KSTP-TV. Minnesota Issues. Host: Arthur Naftalin. KTCA TV. "Minnesota and Wisconsin: Rivals or Partners?" Guests: Tony Earl, Governor of Wisconsin and Rudy Perpich, Governor of Mir~nesota. Repeated Wednesdays, 7:00 'p.m., KTCI-TV. Reflective Leadership Program. LeadershiR in Public Policy Seminar. 2610 Living Boom. Registered Students. Contact: Sharon Anderson: 376-9855. Research Co~ittee Seminars/Hearings. Topics: Modernization and Human Dignity, Pacific Basin Project, Information as a Resource, and Developmental Leadership Education. 2610 Conference B~x~m. Contact: Sally Menefee, 376-9666. Cooperative Co~munity~ Pro~r~ Second special meeting of community develop- ment corporations and other co~unity groups discussing development of a legislative strategy to increase state funding of community economic development efforts. Reserva- tions closed. For further information, contact Mike Temal i, 376-9996. Community Breakfast Seminar. Arvonne Fraser will discuss "a statistical look at the economic status of ~ Minnesota and the United States." John Taylor, Northwest Area Foundation, is hosting this seminar for community leaders. Reservations closed. For further information, contnct Polly Brown, 376-9782. Reflective Leadership P.~ogram. Social Ethics in Policy Seminar. 'Power, Class and Pot itics." Guest: Dr. Naomi Scheman. 2610 Living RDom. Registered Students. Contact: Sharon Anderson, 376-9855. ~urs., Jan. 19 ~i., Jan. 20 Bun., Jan.. 22 ;an. 23, 24 Mon., Jan. 23 Wed., Jan. 25 fYi., Jan. 27 Sun., Jan. 29 Jan. 30, 31 Mon., Jan. 30 12200 noon 1230 p.m. 3:30-5:00 p.m. 10:15-11:45 a.m. 7:00 p.m. 12200 noon 4:00-9:00 p.m. 11200 a.m. 2:00-4:30 p.m. 3:30-5:00 p.m. 7:00-9:30 p.m. 10215-11:45 a.m. 7:00 p.m. 12200 noon 4:00-9:00 p.m. 11230 a.m. MINNESOTA MEETING. "Have Unions Outlived their Usefulness?" Speaker: Douglas Fraser, labor leader aT'a-former president of the United Auto Workers. Reservations required.. Contact: Jayne Marecek, 376-9793. Educators-Legislators Dialogue. Prof. Arthur Naftalin will moderate a panel at this conference sponsored by the Minnesota Association of Colleages for Teacher Education (MACTE) at the Capitol Holiday Inn. Contact: Arthur Naftalin, 373-9909. Minnesota Develol~nent Policlz Workshop. "State ar~ Ixx:al Trade Policy: Foundations a Critique." Guests: C~ Edward Schuh, Department of Agricultural and Applied Economics. 230 Classroom Office Building, St. Paul Campus. Open, no cost. Contact Margi Dewar, 373-4621. Strategic Management Colloq~i~ "The M-Form Society." Guest: William Ouchi, University of California-ios Angeles. Room 15, Law Building. Contact John 376-3296. Weekend. Editor: Ted Kolderie. N"ICA TV. ~peated Sunday~, 12230 p.m. Minnesota Issues. Host: Arthur Naftalin. KTCA TV. "Higher Education in Minnesota: Holistic View--~m--. Guests: Clyde Ingle, Retiring Executive Director, Minnesota Higher Education Coordinating Board and C. Peter Magrath, President, University of Minnesota. Repeated Wednesdays, 7:00 p~., KTCI-TV. Reflective Leadership Program. Leadership in Public Policy Seminar. 2610 Livi~ Registered Students. Contact: Sharon Anderson: 376-9855. AAUW Luncheon. "The Management of Peace." Guest: Harlan Cleveland. Open to ~ea~~ranch AAUW ~ambers. Contact: Sally Menefee, 376-9666. Research. Co,~ittee Seminars/Hearings. Topics: Clean up, Loose E~ds and New Ideas. 2610 Conference Room. Open to Institute Faculty, Fellows and Staff. Contact: Sally Me~efee, 376-9666. Minnesota Development Polic~ Workshop. "The Citizens League Report on Develo[~-nt Finance."' Guest: Kent Eklund, Lutheran Brotherhood. 230 Classr(x~ Office Building, St. Paul Campus. Open, no cost. Contact Margi Dewar, 373-4621. Reflective Leadership Program. Social Ethics in Policy Seminar. "Metaphors and Ethics." Resource Person: Dr. Gibson winter.---2610 Living ~ Registered Student-c Contact: Sharon Anderson, 376-9855. Strat~ic Management Colloquitm~. "Cooperative versus Adversarial ]~ulatioru" Guest: ' David Vogel, University of California at Berkeley. Room 15, Law Building. Contact Joh~ Bryson, 376-3296. Weekend. Editor: Ted Kolderie. KTCA TV. Repeated Sundays, 12230 p.m. Minnesota Issues. Host: Arthur Naftalin. KTCA TV. "Fighting for Equality: A Life of Service." Guest~ W. Harry Davis, Minneapolis Conmunity Leader. Repeated Wednesdays, 7:00 p.m., KTCI-TV. Reflective Leadership Program. Leadershi]~ in Public Policy seminar. "Nuclear Disarmament -- A Case Study." Resource peopl---e: Harlan Cleveland, Don Geesaman. Living RDom. Registered Students. Contact: Sharon Anderson: 376-9855. Luncheon Forum. "Can Confederation Resolve the West Bank Dilen~na?" Guest: Danie! J. Elazar, pr-~T~ent, Jerusalem Center for Public Affairs (Jerusalem and Philadelphia), Senator N.M. Paterson Professor of Political Studies/Head of the Institute of Local Government, Bar Ilan University, Ramat Gan, Israel. Reservat. ions Be~uired. Place and cost to be determined. Contact: Jayne Marecek, 376-9784. con 'ROL comrnl//Ion 6:2 222.~42.~ January 9, 1984 Mr. Gardon Wegwart Minnesota Pollution Control A~ency 1935 West CcuntyRoad B2 Roseville, MN 55113 RE: Southwest Area Facility Plan -Dear Mr. We~wart: On December 20, 1983, the Metropolitan Waste Control C~t,,.ission .adopted Addendum No. 1 to the Southwes.t Area Plan (S~AP) and the associated environmental assessment. This action completes Cut,~,ission activity on the wastewater management Plan for the City of Maple Plain. The recommended alternative is phase-out of tf~ F~ple Plain Wastewater Treatment Plant by oonstruction of an interceptor to the ~¢3C Long T~ke Lift Station. The attached Oa~,,,ission Business Item and Resolution indicate that the proposed interceptor will not be designed to acco~te any grcwth in the City of Orono. This decision was based on concerns raised by the City of Orono over the potential for induced d~velopmant. To further mitigate Orono's ooncern, the C~ssion requested by resolution that appropriate provisions be incorporated in the sewer extension pe.rmit to prevent future Orono connections to the intercept, or. The facility plan, environmental assessment, and public he~ring reoord have been previously submitted to the Agency for review. It is requested that the facility plan be certified as soon as possible so that design and construction can be initiated. Sincerely, ' Deputy Chief ;~]ministrator J. D. Tc~aselli., ~D2, w/attachments W. G. Moore, F~CC, w/attachments J. Polzin, MPCA, w/attachments J. Harrington, ~L=tropolitan Council, w/attachments P~ Molzahn, Harza, w/attachments D,,. Loebrick, Maple Plain, w/attachments · ~P~ Zinn, Mound, w/attachments W. Benson, Orono, w/attachments T. Link, Minnetrista, w/attachments Attachments L3 B: ~GM: ~.T. Business Itu "A" METROPOLITAN WASTE CONTROL COMMISSION 350 Metro Square Building, Saint Paul, Minnesota 55101 222-8423 MEM.ORANDU M De=ember 2, 1983 S3BJ~: APPRf~;AL ~F MAPLE PI2tIN FACTTJTY PLAN The Final Report for the Scuthwest Area Fasilities Plan (~,~CC 201 Study) %~s completed in 1980, by the M~tropolitan Waste Control Connission. As part of the Southwest Area planning effort, long-term solutions were analyzed for the Maple Plain WWTP. The recommeD~_ntion of the 1980 Fir~l Report ~s to phase ~at the Maple Plain WWTP and convey the flow to the Long !nke lift station. The proposed phaseout ~s recc~ed for implementation after 1985. The planning for the Maple Plain W~TP has been re-evaluated as a result of iP4~at from the Minnesota Pollution Control A~ency (MPCA), the affected oo~m~nities, and related MWCC facilities. A cost analysis for the various alternatives has 'been performed with the associated equivalent annual cost (EAC) listed below: 1. Plant Phaseout Via interceptor to Mcund (MFS-l) 2. Plant Phaseout via interceptor to Lcng Lake (MPE-3) 3. Plant Expansion and Upgrade (MPO) 4. Crow River Discharge Alternative (CR-1) $181,000.00/Year $155,000.00/Year $166,000.00/Y~r $189,000.00/Year The l~west cost alternative is (MPE-3) plant phase-out via an interceptor t~ the Long Lake lift station. This is consistent with the conclusions ar~ recommendations of the 1980 Final Report. A Public H~ring cn the retched alternative was held on November 17, 1983, at the Maple pla{n City ~l]. A summary of the Public B~ring is attached. Support for the proposed project ~as received from Maple Plain, Lake Minnetonka Citizens Group, Orono Sd~ool Board, and rnmarous citizens. Opposition ~s recei%~d fIcm .the City of Orono. The major issue raised by Orono %as tha~ the interceptor had the potential to induce development in the rural Northwestern section of the City. Hc~ever, connections to the proposed interceptor by Orono ~Duld not be approved by because it would be inconsistent with the C~rehensive Sewer Plan. Th~ CSP could not be changed unless Orono proposed changes to their Develc~t Plan and the Metropolitan Council approved t~ changes. It is highly unlikely that any changes ~ald be appro~ by the Metropolitan Council because the '.~erceptor is not being designed to acccumodate any future flow form Orono. I~. addition, the MPCA' could impose additional constraints to future connections by inserting appropriate stipulations in the State Sewer Extension Permit. In summary, there appears to be sufficient safeguards available to prevent unplanned development in Northwestern Orono. Therefore, the proposed interceptor ~roject is the most economical and environmentally sound alternati~ available for resolving ~stewater management problems in Maple -2- RECOMMENDATION It is recommended that the Metropolitan Waste Control Cgn~nission approv~ Addendum Number 1 to the Southwest Area Study and request the Minnesota Pollution Control Agency to certify the Facility Plan for Maple Plain. It is further recommended that the C~mission request the MPCA to prohibit connections to the proposed interceptor by stipulation of appropriate provisions in the sewer extension permit. Deputy Chief Administrator Director of ineering BJ?I: ~: ttT.T, Business METROPOLITAN WASTE CONTROL COMMISSION 350 Metro Square Building, Saint Paul, Minnesota 55101 222 -8423 RESOLUTION ND. 83-318 RESOLUTION APPROVING MAPLE PLAIN FACLLITY PLAN WHEREAS, Addendum Number 1 to the Southwest Area Facilities Plan and Environmental Assessment were completed by the M~arcgolitan Waste Control Cu~...ission; and WHEREAS, The recommended alternative is phase-out of the Maple Plain Wastewater Treatment Plant via an interce~or to the Lon~ Lake' Lift Station; WHEREAS, A Public Hearing was cDnducted on the recommended alternative on November 17, 1983, and concerns w~re raised by the City of Orono over the potential for induced develo~nent in rural Orono; and WHEREAS, T~e Ccmprehensive Sewer Plan for the City of Orono does' not plan f¢ sewer service in rural Orono; NOW, THEREFORE, BE IT RESOLVED, That the Metropolitan Waste Control Commission hareby approves ~endum Number 1 to the Southwest Area Study and the Environmental Assessment and authorizes its Chairman and Chief Administrator 'to request the Minnesota Pollution Control A~ency to certify the Facility Plan for Maple BE IT FURTHER RESOLVED, That the Metropolitan Waste Control Ccnxnission h~reby requests the Minnesota Pollution Control A~ency tm stipulate in the sewer extension permit appropriate provisions to prohibit connections to the interce~or. BE IT FURTHER RESOLVED, That the d~sign basis for the interce~or shall not include capacity for the City of Orono and_connections to the interceptor by t~ City of Orono shall not be allowed by the ~ion. Adopted this 20th day of De~0er, 1983 METROPOLITAN WASTE George H/ FriSCh,/Cha~rman ~ CONTROL COMMISSION George W. T~her, Chief Administra%or o D. © D D (I) C- "< D 0 " .'~' 300 Metro Square Bldg., St. Paul, MN $5101 General Office Telephone (612) 291 ~359 REVIEW ,°,, ~ANAGER ~~"*" CITY OF F, OUND /.c..o~- ~ 5341 MAYWOOD AMetropolitenCouncill~ulletinforCommunity MOUND ~N Deoe~ber 23, 1983 LAke Over~lo~ --~e the p~bl~ of ~o~ ~1~ ~e ~tereeptm~ ~ ~va7 se~ ~ ~he Me~ PI~. ~e old ~e~ep~m, ~i~' e~en~ly ~nveys ~ ~ ~er ~ s~ ~ ~e p~, ~Id ~ ~l~ ~ ~mve~ ~1~ ~es ~ ~e ri~r. ~e ~t~~ W~te ~mt~l ~ss/om /neo~o~ta ~be ~ of the m~ i~ ~d ~e ~ssion ~r~ closely ~tb the ~e ei~ ~ ~1~ ~~ ~sues. sites ~ ~e~ep~ ~: ~e ~en P~ie site ~ Co~c'~ au~orix~ s~ff ~ '~ ~fo~ion on ~en P~e 2. ~e co~7 cu~n~ly'h~ ~ ~he ~i~ ~ ~o~ envi~o~en~117 sui~le. ~e'~cil s~ff ~ s~ acce~ ~ a potent~l si~e ~ W~db~ ~ Ob~ soil p~c m~g '~11 ~ neeessa~. ~e cowry ~n~ly ~ one site it~ ~ven~o~. ~ous~ -- ~e ~c~ ~id plus ~ ~e fo~o~g cities ~ ~x~pt ~r~ge ~venue ~nds for ~me 1~ ~ ~l~ket interest ~tes ~e consi~ten~ ~th ~cil --~s~: $10 ~ll/on for ~es. --~kev~le: I10 ~l!ion for ~es · for ~W --~ou~h St. Paul: $10 milll~ for ne~ a~d exi~f.tng h~es. --~field) Sq ~l~on for new ~em. ~e ~c~ ~d ~eld ~ould ~s~ ~ ~es ~t t~ i~ 1~ ~ be bu~t ~ ~erior noise ~m ~ t~ buye~ ~ uoti~ of ~e ~c~ ai~ said a ~ques~ f~e~l ~ge ~ce for a p~pos~ 1~-1o~ ~evelo~em~ for ~ide~es, ~th one ~ndition~ ~cet~cM -- ~e ~c~ p~vided the ~o~o~ d~io~ ~ its p~p~t$o~ of a ~vi~ of e~ p~pos~ sit~ for a ho~e~ci~ ~ck ~ ~e ~ Cities ~e ~ce~ ~ ~qul~ ~b~- level s~er ~d s~ic~ ~ th~ should ~ lo~2~ . ~ a l~al ~ ~i~ ~a. ~e - ~oM. will '~e~ di~' sp~ff develo~ ~qu~ app~p~a~a ~ se~i~s. de~ d~c~ ~c~ ~e p~ si~es ~d ~ve ~ ~o~ se~er ~d h~y --~. ~view should 9~de d~c~ion ~ potential develope~ ~ hos= co~i~ies on how ~e~ s~uld ~dress ~e p~pos~ t~c~ ~uld ~ve ca ~~ Ur~ ~i~ ~ea, ~ se~ces,. 1~ use ~d the Parks --~e St. Paul pl~ ~ develop ~he ~k ~l~ of ~e ~ssissippi Ri~r Blvd. f~ ~e ~po~t. Paul city ~s ~ H~. 5. ~e ~c~ app~ved $~$~,000 for ~he fi~ p~se of ~e fo~-year p~ ~ develop ~crea~ion ~lties. Tc~i ~s~ of ~he p~J~ ~ $5.~ ~l~cn, ~na~rtaCion --~e Co~c/1 app~v~ cons~e~ion o~ a di~o~- s~p~ ~terc~ge ~ ~place a partial in~er~ a~ the eomple~ion bT July ~987. ',': ,. L,i~ 1 L.r i.'~OU!'~U ,' ~ji~comprehensive Plans --T~. CO~CI~ ~o~ ~ ~gi~l ~ ~d d~el~e~. l~ ~pi~ ~vesm~ p~ for 1983 ~ 1987 ~ Park~ -- ~e Council ~lll h~ld · p.m. ~ ~f~ce R~m E ~ he~ A se~e he~i~ For a ~ off ~e do~, Ad~.so~ Co~t~ee Paul; Eoy Taylor, Vasquez, S~. Paul. J~es ~ey, ~e ~cil appoin~ ~ersons ~o i~s ~e~icnal Te!eco~ica~ions Tas~ Force: John ~,.-~'~Yllle~ Rober~ T~istle, Coon Eapids; a.~d Frsn Moore, V~. ~ Ve~, ~i~e ~= ~e~ A. T~end, ~l~eapo lis · ~l~lzen appointments ~o Tr~spor~a=ion Adviso~ ~a~: John Ac~z, s~. Paul; Roger ~d Wil~ C~lg, ~p~- David G~ven, ~eapo~s, ~11 ~n~lnue as boa~ c~. ECONOMIC DEVELOPMENT W6RF~HOP= 'BUDDY, CAN ~0~ SPARE 500 MILLION DIMES? ' %"ne Me:ropo].l~an Council will hold a three-day workshop, "Economic Development and ~ocal Oovernments: BUddT, Can YOu Spare SO0 .~llion Dimes?w on Jan. 10-12 for local government representatives· The ~ork.~p ~rlll COver a broad r~ng~ of ~opics, fr~m the developer's perspective ~o'a closer look at specific types of financing. It will also emphastze planning for development a~ understanding how new ~evelopment fits into ~he broader p~cture of a city's future. Workshop speakers will include experts in a variety of fields. The modern:or will be Ga~ E. Stout, president of Public Private Ventures, Inn., a Minnesota firm ~13at specializes in helping developers and cities put ~gether development projects. The workshop will be held at the Radisson Inn Plymouth, 2705 Annapolis ~ane, at Interstate Bw~. #9# and E~. 55 ia Plymouth, from 9 a.m. ~o ~ p.m. all ~hree days. The $~0 cost includes luncheons · To register, call the Counbil's Planning Assistance Department at (612) 291- 6~15. Registrations are .due by Jan. #. VORL~) T~ADE CENTER CO~ION TO $I~, PROPO~ ON J~. 2T ~e ~eso~ World T~de Cen~er ~ssion ~s se~ J~. 27, 196~, as date i~ wi~ pick a site and de~elo~n: p~posal for :~e World T~e Center · ~e co, salon has ~served J~. 6 ~ 7 for p~senta~io~ to ~he co~ssion by ~:eres:e~ develo~rs. ~ mee:Ings, if necess~, will be co=lsaion c~ir. "~e co--salon is ~:eres:ed in ~ivi~ all serious p~p~als wne:~er or not %hey ~ve m~icipal or o~her a&e~c~ enOorse~en%s~" Nol~ sai~. ~v. Perpich ~s ~s:ruc:e~ :he Co~ission ~o pick :he si~ and ~eveloDmen: p~posal. Ques:ions about the sit~ ax~ proposal review schedule should be referred t~3 John £ari, at 291-6320. The Metropolitan ~ouncil is accepting applications from local individuals or firms interested in becoming a lobbyist ~o represent the Council at the ~glslattwe. The lobbyist is provide political ~ legisla~i~ ~fo~ion ~d advi~ ~ help ~he ~e~ ~ ou: i~ legislative p~. ~e lobbyist ~11 closely ~:h ~c~ members, co~:tee ~a~s ~d dep~:m~: hea~s, but wi~ no% ~ke appe~ces ~fore leg~lative ~:ees. F~ mo~ ~fo~atioo, ~ ~ice CO0~C'n- TO EXPLORE REGION'S F~TURE What is your vision of the Region ia :he year 2000? ~ ques:ioe will ~ addressed ~ a series of s~ak~s at the Met~ll~ ~eil's P~m ~velo~at ~ Revi~ ~t=~ ~ par= of the ~rk on a strategic pl~i~ p~cess. P~f. Jo~ ~rchert~ University of l~d off ~e "~=~s" series ~ge~h~ wi=h the ~cil's ~se~h s=~f on J~. ~ at ~:30 p.m. ~ ~he invited ~o address ~e ~cil ~ a ~i=~ of ~he ~ole on ~ursda2 afte~ ~en ~ere is no ~1~ ~cil me~g. COUNCIL OFFERS AFFOR~ABLE HOUSING EDUCATION PROGRAM · Where will cur children live? This is the theme of a Metropolitan Council affordable housing education program offered upon request ~o local civic groups. The ~5--~u~e pro~.~ran examines today's housing market and the need ~o provide affordable housing. Information kits and booklets provide info~mation on a variety of housing issues. For more information, call Council housing planners Guy Peterson or Ann Stern at 2~-6a72. NE~ PUBL/CATIONS Office Construction Update 1979- ~982, Twin Cities Metrooolitan Area. ~ 1983. Describes dynamic period of office space construction in ~11ich more than 17 million sq. ft. vere bull=. Tells ~ers office space is concentrated ia Region and forecasts future trends. No. 01-8~-128; 31 pp.; $1.50. Dia~mostic-Feasibilit~ Study o.~ . Seven Metro~olitan .Area ~akes. Dec. 1983. ~eports di~ose problems a~ define remedial programs for Bryant ~ake, ~ake Elm~, Fish ~ake, ~ake Ge0rg~, Lake Riley,'$primg ~ake ~u~re Lake. Part ~0-8~-092~ 2~2 pD.~ $9. Par: 2, In&ividual ~ke Studies, 10-83-O93 A- G; 3# ~ aO pp.; each $1.50. COMi']~ MEETINGS (Jan. 3--17) (lmformation bel~ is tentative. To verify, call 291-6a,6a,.) Management committee, Tuesday, Jan. 3, 1 p.m., Conference Room E. Special CommAttee on Resource Management, Tuesday, Jan. 3, p.m., Conference Room E. Oniversit~ Av./Sou~hwest Corridor Stud7 Steering Committee, Tuesday, Jan. ~, ~ p.m., Council Chambers. ~ Technical Advisory committee (Transpor~at!on.), Wednesday, Jan. 9'a.m., Council ¢tmmbers. Comm/ttee on Metropolitan Coms~lssion, Wednesday, Jan. p~m., Conference Room E. Nc~ni~ht Pouneation grant Ap~lioa~ts Technical A~sistance Workshop (Aging), Thursday, Jan. 5, 9 a,m., Council Chambers. ~etr~plitan and Communit~ Dev.elopmen~ committee~ Thursday, Jan. 5, 2 p.m., Council Chambers. Special Committee on Economic Development, Thursday, Jan. p.m., Conference Metropolitan River Corridors Stud~ Committee, ThurSday, Ja~.5, noon, Conference Room E. Criminal Justice Advisory Commi~tee, Friday, Jan.6, noon, Council Chambers. Metro~li~an Parks and Commission, Monday, Ja~. ~, 3 p.m., Council Chambers. Special Committee o_~n Economic Development, Menda~, Jan. 9, 3 p.m., Conference Room E. Pre,ram Develooment and Review Committee., Monday, Jan. 9, 5 p.m., Conference Room E. Air Quality Committee, Tuesday, Jan. 10, 9:30 a.m., Conference Room B. Management Committee, Tuesday, Jan. 10, 1 p.m., Conference Room E. Metropolitan Waste Management. Advisor~ Committee, Tuesday, Jan. 10, 2 p.m., Council Chambers. Committee o__nMetropolitan Comm/ssions, Wednesday, Jan. 11, p.m., Conference Room E. Metropolitan ~ea%th Planning Board., Wednesday, Jan. 11, a p.m., Council Chambers. ~etroooli~an and Community Deve!oDmen~ Comm~ittee, Thursday, J~n. 12, 2 p.m., Council Chambers. Me~rooolitan Council, Thursday, Jan. 12, ~ p.m., Council Chambers. Scecial Committee on Resource ~nagement, Tuesoay, Jan. 17, 3 p.m., Conference Room E. 3030 Harbor Lane N'orth, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 DA_mE= Planning Cc~ission and Staff Mark Koegler, City Planner ~ January 4, 1984 Sign Ordinance The enclosed sign ordinance draft has been developed by the Sign Ccn~ittee for full Planning Ccmmission review. At Monday's m~eting, s%aff will present an overview of the ordinance and provide graphic examples of scme of the various types and sizes of signage included in the ordinance. Because-of the ccmprehensive nature of the ordinance, it's likely that several review sessions will be. necessary to cc~pletely cover this material. Preliminary Draft Mound Sign Ordinance September, 1983 Reviseo' November 30 1983 Revised: January 3, 198,{ i~VanDor~n Hazan~ Stallings THE CITY OF MOUND SIGN ORDINANCE AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, REPAIR, ALTERATION, LOCATION OR MAINTENANCE OF SIGNS WITHIN THE CITY OF MOUND, MINNESOTA, PROVIDING FOR THE ISSUANCE OF PERMITS, INSPECTION AND FEES AND PROVIDING PENALTIES FOR VIOLATIONS. THE MOUND CITY COUNCIL DOES ORDAIN AS FOLLfIWS: SECTION 1. TITLE This Ordinance shall be known, cited and referred to as the Mound Sign Ordinance, except as referred to herein, where it shall be known as "this ordinance". SECTION 2. INTENT AND FJRPO~E Ihe purpose of this ordinance is ~0 protect and promote the general health, safety , welfare and order within the City of Mound through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols servim~ as 'visual cc~municativ~ media. - The provisions of this ordinance are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication and a sense of concern for the visual amenities or~ the part of those designir~3, displaying or otherwise utilizing needed Cu~,,~unicative media of the types regulated by this ordinance; while at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. SECTION 3. ~ISTRATION AND ElqFOR~ 01 3.02 Permit Required. F. xcept as herein exempted, no per, on, firm or corporation shall maintain, install, erect, relocate, modify, alter, charge the color or change the copy on any sign in the City without first obtaining a permit. Permits shall be required for all existing signs. If a sign authorized by permit has not been installed within 365 days frcrn the date of issuance of the peri, it, said permit shall became void and no fee shall be refunded. Application and Fee. Application for permits shall be made in writing upon printed forms furnished by the City. Each application for a permit shall set forth the correct PID number of the tract of land upon which the sign presently exists or is proposed to he located, the location of the sign on said tract of land, the manner of construction and materials used in the sign, a ca~plete description and sketch of the sign and such information as the City Council deems necessary. Every applicant shall pay a fee for each sign regulated by 'this ordinance before being granted a permit. The City Council shall establish the permit fee by Resolution. A triple fee shall be charged if a sign 'is erected without first obtaining a permit for such sign. Temporary signs shall be exempt frc~n fees and permits except as noted in Section 5.09 of this ordinance. 3.03 3.04 Sign Identification Tag. The City Building Inspector shall furnish each licensee 'with a sign identification tag. which shall he affixed by the licensee to the surface of the viewer's lower left corner of the sign. Such tag shall indicate the rumber of the sign permit and the date of issuance. Annual Inspection. The Building Inspector mey annually inspect all signs to see that every sign complies with the minimum standards set forth in this ordinance. 3.05 ~xemDtions. ~o permit shall be required for the ~ollc~ing signs provided, however, that all signs herein'exempted frcm the permit requirements shall 3.06 3.07 conform with all other requir~nents of this ordinance: (1) Windc~ signs placed within a building. (2) Address, name plate and/or identification signs having an area of two (2) square feet or less. (3) Signs erected by a gove~,,,ental unit. (4) Signs as 'described in Section 5.09. (5) Signs which are entirely within a building and not visible frc~ outside said building. Variances. The City Council may grant a variance frcm the requirements of this ordinance as to specific signs where it is shown that by reason of topography or other conditions that strict ccmpliance with the requirements of this ordinance would cause a hardship. A variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Written application for a variance shall be filed with the City Clerk and shall state fully all facts relied upon by the appli6ant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Co,u~,ission for its recommendation and report to the City Council. Existing Non-conforming ,qigns. Any sign existing at the time of adc~ption of this ordinance which does not conform to .the provisions hereof shall be removed within three (3) years of the adoption of this ordinance. Such signs shall not be rebuilt, altered or relocated without being brought into ccmpliance with the requirements of this ordinance. After a non-conforming sign.has been removed, it shall not be reDlaced by another non-conforming sign. Whenever use of a non-conforming sign has been discontinued for a period of three (3) months, such use shall not thereafter be resumed unless in conformance with the provisior~ of this ordinance. 3 Existing Illegal Signs. All illegal signs existing at the time of adoption of thi.~ ordinance which do not conform to the provisiom% hereof shall ,be r~moved within three (3) months of the adop. tion of this ordinance. 3.09 Violations. If the Building Inspector finds that any sign regulated by this Section is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign has been constructed or erected without a permit first being granted to the installer of said sign, or to the owner of the property upon which said sign has been erected, o~ is improperly maintained, or is in violation of any other provisions of this Section, he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to conply with the provisions set forth in this Section within 30 days following receipt of said notice, Such sign shall be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; and/or, It is unlawful 'for any permittee or owner to violate the provisions of this Section. No additional licenses shall be granted to anyone in violation of the terms of this Section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the ~uilding Inspector, have been made towards the correction of said violation. The Inspector may also withhold building permits for any construction related to a sign maintained in violation of this Section. Pursuant to Minnesota Statutes · Annotated 160.27, the Building Inspector shall have the power to remove and destroy signs placed on street right-of-way with no such notice of violation required. 3.10 Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed Five Hundred Dollars (S500.00) or imprisoned for a period not to exceed ninety (90) days. Each day that a violation is continued shall constitute a separate offense· 4.01 SECTION 4, ~JLES AND DEFINITIONS Rules. The language set forth in the text of this ordinance shall interpreted in accordance with the follc~ing rules of construction: The singular includes the plural and the plural the singular. (2) -The present tense includes the .past and future ter~ses, and the.future the present. (3) The word "shall" is mandatory and the word "may" is permissive. (4) The masculine gender includes the feminine and neuter genders. (5) Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition. ~ (6) All ~easured distances expressed in feet shall be to the nearest tenth ~' a foot. In the event of conflicting provisions, the more restrictive shall apply. 4.02 Definitions.. The following words and. terms, whenever they occaxr in this ordinance, are defined as follows: (1) -Advertising Sign - A sign selling or pr~ootirg a ~,]siness, cu,u,odity or service which is not located or performed on the premises on which the sign is located. (2) Address, Name Plate and/or Identification .qigns - A sign for postal numbers, whether written or in numerical form and may bear the name-of the occupant of the building. (3) Alteration - Any major structural change to a sign, not includirg routine maintenance, or repainting in the same color scheme as appeared in the~ original permit. (~) Area Identification Sign - A single free-standing sign located on identified premises, said premises shall measure no less than two (2) acres in area, which identifies a residential subdivision, condcminium, multiple residential complex, and industrial area, an office complex, two or more commercial business within one structure or any ccmbination of the above. (5) Banner and Pennants - Attention-getting devices which resemble flags, made of a non-permanent paper, cloth or plastic-like material. (6) Building - Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel or property of any kind. (7) Business - Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for ccmpensation. (8) Business Sign .- A sign which identifies a business, profession, cotu,~dity or service sold or offered upon the premises where such a sign is located o (9) Campaign Sign - A temporary sign identifying the candidacy of a person runnin~ 'for a governmental office or prcmoting an issue to be voted on at a governmental election. (10) Canopy or Marquee Sign - Any sign which is affixed to a projection or extension of a building or structure erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. (11) District - A specific zoning district as defined in the zoning ordinance. (12) Facade - The portion of any exterior elevation of a building extending fr~n grade to the top of the parapet wall or eaves and the entire width · of the building elevation. (13) Free-standing Sign - A sign which is placed in the ground and not affixed to any part of any building. (14) Flashing Sign - An illuminated sign on which such illumination is not kept constant in intensity or color at all times when such sign is in use. (15) Gover~nental Unit Sign - A sign which is erected by a gover~,,,ental unit. (16) Governmental Unit - City of Mound, ~ennepin ~ounty and/or the State of Minnesota. (17) Illegal Sign - Any sign which existed prior to the adoption of this ordinance which was installed withcut permit approval as governed by the ordinances in effect at the time of iru~tallation. (18) Illuminated Sign - A sign which bas an artificial light source directed upon it or one which has an interior light source. (19) Institutional Sign - A sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. (20) Motion Sign - Any sign which revolves, rotates, has any movir~ parts or gives the illusion of motion. (21) Non-conforming Sign - A sign which lawfully existed prior_to the adoption of this ordinance, but does not conform to the newly enacted requirements of this ordinance. (22) Portable Sign - A sign so designed as to be movable fr~n one location tO another and is not permanently attached to the ground or any structure. (23) Projecting ,qiqn - A sign, any portion of which Drojects over public property. (24~ Public-way - Any street, alley, ~idewalk which is aintain d or o~ the City of Mound, Mennepln County or the State of Minnesota. (25) Ouasi-public - Any private function which has the characteristics of a function performed .by any unit of government, including, but not limited to schools, churches, recreation areas and institutions. (26) Real Estate .qign - A sign placed upon property advertising that particular property for sale, rent or lease, guch signs must contain the phrase "for sale," "for rent" or "for lease." (27) Roof ,qign - Any sign erected upon or projecting above the roof of a structure to w~ich it is affixed. Ma~ard roof surfaces are considered as wall area and are subject to wall signage restrictions. (28) Roof Line - The uppermost line of the roof of a h]ilding or, in the case of an extended facade, the uppermost height of said facade. (29) Sign - Any letter, word, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication whether painted, posted, printed, affixed or constructed, which is displayed outdoors for informational or co~anicative purposes. (30) Sign Area - The area within a single continuous perimeter enclcsin~ the extreme limits of the actual sign surface but excluding any structural el~nents outside the limits of each sign and not forming an integral part of the .~ign. The stipulated maximum sign area for a sign refers to a single facing. Double faced signs shall have identical message components on each side, however, ccmputation of maximum allowable area shall only consider one sign face. (31) Sign, ~aximum Height of - The vertical distance ~easured fron the Ran street grade to the top of such sign. (32) Structure - Anything constructed, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. (33) Temporary Sign - Any sign erected for the duration of an event or for the time necessary to promote the sale of real estate, subject to all requirements and restrictions of this ordinance. (34 Wall Sign - A sign whi~ch is affixed to any wall of a building. Such signs shall not project outward more than twel.ve (12) inches and shall not wholly or partially obstruct any wall opening. SECTION 5. GENERAL PROVISIONS APPLICABLE. TO ALL DISi3LICI~ 5.01 No sign other than governmental unit signs shall be erected or placed upon any public way or upon public easements. 5.02' 5.03 5.04 Free .standing advertising signs are prohibited in all districts except a: governed by Section 5.09 of this ordinance. w~tion signs or similar devices shall be prohibited in all districts. No illuminated sign which changes in either color or intensity of light shall be permitted except one giving time, date, temperature, weather or similar publi'c service information. The City in granting permits for illuminated signs shall specify the hours during which same may be kgpt lighted when necessary to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source and concealed wiring and conduit and shall not interfere with traffic signalization. 5.05 Signs in the Central Business District shall not Droject over public property more than 18 inches. 5.06 Business signs shall not be .painted, attached or in any manner affixed to trees, rocks, or similar natural surfaces, nor shall signs of any type ~ painted directly on the roof or walls of a building. 5.07 5.08 5.09 Signs which interfere with the ability of vehicle operators or pedestrians to see traffic signals or which impede the vision of traffic by ~hicle c~perators or pedestrians are prohibited. .quch signs shall also ccmply with Rection 23.714 of the Mound Zoning Ordinance. Signs shall not okstruct any window, door, fire escape or openin~ intended to provide ingress or egress to any structure or building or public way. T~porary Signs One temporary real estate sign may be placed in any district for the purpose of advertising the lease or sale of property upon which it is placed. Only one such sign shall be permitted per street frontage. Such signs shall be exempt from permits and fees p~oviding that they meet the following requirements: (a) Such sign shall be removed seven (7) days follc~ing lease or sale. (b) -The maximum size of such signs for each district is as follc~s: e 1) R-1 and R-2 District - five (5) square Feet 2i R-3, R-4 and PDA Districts - eighteen (18) square feet 3) B-l, B-2, R-3, I-1 and Districts - thirty-two (32) sqUare feet Temporary real estate promotional signs may he erected for the purpose of selling or promoting a residential project of ten (10) or more dwelling 'units or any non-residential project. Such signs shall be exempt frcm permits and fees provided: (a) Such sign shall not exceed thirty-two (32) square feet in area. (b) Maximum height of ten (10) feet. (c) Haximum number of said t~nporary real estate advertising signs shall not exceed two (2) in number. (d) ~linimum distance between said advertising .~ign.~ is five hundred · (5~0) feet. .4. (e) Such signs shall be removed when the project is seventy-five (75) percent complete, sold or leased. · (f) Such signs shall be located no closer than two-hundred (200) feet to a pre-existing residential dwelling unit. (g) Written approval from the property owner shall be submitted at the time of City Council review. Campaign signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requlirements of the district. Campaign signs may be posted for a period not ~o exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Such signs shall be exempt from permits and fees. All campaign signs shall have the name and teleDhone number of the person responsible for posting the sign clearly marked either on the face or' reverse side. Campaign signs shall be removed and/or replaced if they become torn, faded or otherwise damaged. .Temporary banners and pennants employed for grand openings of busines establishments', special events and holidays shall be removed within fourteen (14) days after erection. There shall be no more than four (4) such occasions per year. Such signs shall require the issuance of a permit but will be exempt from all fees. One temporary identification sign setting forth the name of the project, architect, engineers, contractors, planners and financing agencies may be installed at a construction site in any district. The~sign area of said construction sign shall not exceed thirty-two (32) square feet in area. Such signs shall be r~ved when the building is 75 percent cc~nplete and shall be exempt from all permits and fees. Garage sale signs will be permitted in conjunction with the sale of hcusehold goods and mater'ials from private residences. Such signs shall be exempt frcrn peri-its and fees but shall be subject to the following: (a) Signs shall not exceed four (4) square feet in area. 5.10 (b) The name and telephone number of the .party responsible for the sale shall be clearly marked on the sign. (c) No signs shall be placed within the public way nor shall they be attached to any telephone poles or light standards. (d) Directional off premise garage sale signs can be placed on private property providing that the property owners consent is obtained prior to the plac~nent of such signs. (e) The use of garage sale signs shall be limited to three (3). occasions per calendar year per residence. (f) Christmas boutiques, craft sales and other sales events of hand-crafted merchandise shall be subject to all garage sale signage provisions. ' 7. Seasonal Signs - Seasonal signs of a t6mporary or portable nature may be used in the non-residential districts to prcmote or advertise on-premise seasonal services or merchandise. Such signs shall be limited to a maximu~ of twenty four (24) square feet and shall not be left in place for more than a two (2) month period. Seasonal signs may be used in lieu of but not in addition to the signage requirements of the non-residential districts. Permits and fees shall be required for all seasonal signs, and permits may be issued no more than two (2) times per calendar year per business. Except as .may be specifically authorized by this section and Section 5.09 (7), portable signs are prohibited. A portable sign used for the purpose of directi'ng the public may be permitted under the follc~ir~ conditions: (a) Said sign is coincidental to, or used in conjuction with a governmental unit or quasi-public function, and; (b) the period of use of said sign shall not exceed ten (10) consecutive days, and; (c) signs shall not be used ~ore than four (4) times during a calendar year, and; (d) prior approval of a majority of the City Council shall be. required for the use of any such sign. 5.11 5.12 Projectir~ wall signs shall be penmitted only in Cu~u,'ercial Districts provided the total sign area does not exceed ten (10) square feet per building face. Such signs shall not project over public property more than 18 inches. One address, name plate and/or identification sign, visible from the public way, shall be required per building in all districts. Such signs shall contain the street address in minimum 4-inch numerals and shall be securely attached to the structure. 5.13 5.14 5.15 5.16 5.17 Canopies and marquees shall be considered an inte]ral part of the structure and shall not be considered as part of the wall area and shall not warrant additional sign area. Signs located on the interior of a building are exempt frcm the provisions of this Ordinance, hc~ever, such signs shall not contain flashing lights that are visible frcm the exterior of the building. A Comprehensive Sign Plan is required at the time of Planning Co.u,,ission review of any proPOSed ccn~rercial or industrial development. Said plan sha'' indicate the location, size, height, color, lighting and orientation of ail proposed' signs and shall be submitted ~ for approval pursuant to the requlations of the City of Mcund. Signs shall not exceed two fades. Roof Signs shall be prohibited in all districts. SECTION 6. DISTRICT RM~JLATIONS In addition to those signs permitted in all districts, signs as herein designated shall be permitted in each specified district and shall conform as to size, location and character according to the following requirements: 6.01 Single-family Residential (R-i) 6.02 6.03 6.04 Address, Name ~ate and/or Identification Signs - One sign not to exceed t~ (2) square feet in area for each dwelling unit, indicating only name and address. (2) Institutional, Recreation or Ouasi-public Signs - One sign or bulletin board per street frontage for each permitted or conditional use in said R-1 District. Such sign shall not exceed twenty-four (24) square feet in area, said sign shall not be placed closer than ten (10) feet to any street right-of-way line and shall not exceed ten (10) feet in height. (3) Area Identification Sign - One sign not to exceed twenty-four (24) square feet in area for each development district entrance provided, hc~ever,~ -'Kid sign does not exceed six (6) feet in height and be placed within ten (10) feet of any right-of-way· Sirgle-famil¥ Residential,(R-2) (1) Sam~ regulations as outlined in Section 6·01. Two-family Residential (R-3) (1) Same regulations as outlined in Section 6.01. Multi-family Residential (R-4) (1) Name glate $~gns - One sign not to exceed two (2) square feet in area for eaah s~nzjle family detached ~welling or s~x (6) s~uare feet in area for each multiple family building. Said name plate sign shall indicate only name and address. (2) Institutional, Recreation and Ouasi-public Signs - One sign or bulletin board per street frontage for each permitted or conditional use in said district, provided said sign shall not exceed twenty-four (24) square feet in area and shall not be place closer than ten (10) feet to any · street right-of-way and shall not exceed ten (10) feet in height. 6.05 (3) Area Identification Sign - One sign not to exceed twenty-four (24) square feet in area for each development district entrance, provided said sign- is not placed within ten (10) feet of any street right-of-way and not excess of ten (10) feet in height. Central Business (B-l) 6.06 (1) (2) (3) Wall Signs - Wall signs are permitted on each street frontage provided said sign(s) does not exceed ten (10) percent of said wall up to forty-eight (48) square feet in area whichever-is smaller. Free-standing Sign - One free standing sign per street frontage provided, hc~ever, said sign does not exceed forty-eight (48) square feet in area and fifteen (15) feet in height and is not .placed closer than ten (10) feet frcm any street right-of-way. The ten (10) foot setback may be. increased at intersections or other areas where free-standing signs may obstruct vehicular site distances. Note: Businesses within the R-1 Central Business District may hay, either a free-standing or a wall sign per street frontage but not both. Area Identification Signs - One area identification sign is permitted per street frontage per ccn~rercial development provided, however, said sign does. not exceed forty-ei~ht (48) square feet in area and fifteen (15) feet in height, and is not placed within ten (10) feet of any street right-of,way. Where area identification signs are used, no free-standing signs shall be permitted. (4) C~nprehensive Sign Plan required as outline in Section 5.15. General Business (B-2) (1) Same regulations as outlined in Section 6.05. '6.07 6.08 6.09 (2; Motor Fuel Station - Letterirg or symbols which are an integral part of the design of a Gasoline Dump shall be permitted. Additionally, three (3) auxiliary signs with a maximum area of 15 square feet each may be mounted on or attached to pylon signs or on separate light poles or standards. In lieu of the provision authorizin~ three (3) 15 .~quare foot auxiliary signs, a motor fuel station may erect on auxiliary sign not to exceed 40 square feet. Neighborhood Business (B-3) (1) Wall Signs - Wall signs are permitted on each street frontage provided said sign(s) does not exceed ten (10) percent of said wall up to forty-eight (48) square feet in area, whichever is smaller. (2) Area Identification Signs - One area identification sign is permitted per street frontage per ccn~nercial development provided, however, said sign does not eXceed thirty-two (32) square feet in area, and ten (10) feet in height, and is not placed 'within ten (10) feet of any street right-of-way. (3) Comprehensive Sign Plan required as outlined in Section 5.15. Light Industrial (I-l) (1) Same regulations as outlined in Section 6.06. Planned Development Area (PDA) (1) Same regulations as outlined in Kection 6.04. SECTION 7. CONSTRtY/rION STANDARDS AND ~ Except as otherwise noted in this Ordinance, permanent signs shall be constructed of durable, weather resistant materials anchored in a secure fashion ard designed to Withstand a wind pressure of 40 pounds per square foot. The exposed backs of all signs amd sign structures shall be painted a neutral color. Signs determined by the City Building Inspector to be in a state of disrepair shall be restored to good repair by the sign owner, lot. property owner on which the sign is situated, within thirty (30) days after the mailing of written notice to repair frcm the Building Inspector. In the event of non-compliance with said notice, the City shall be authorized to r~rove said sign at the expense of the owner or property owner. Board of Directors President John T. irving Crystal Vice President Ronald Backes St. Louis Park Past President Mary Anderson Golden Valley Directors Michael Baldwin Champlin William 'Barnhart Minneapolis Ga,~' Basdan Mapiewood Bea Blomquist Eagan Dulgar ~noka Laura Fraser Lake Elmo James Minnetonka Hannah ,V, ullan St. Paul Park Bloomington EiCon Rcinke Shakopee ::ames Scnebei St. Paul Mary Scnw¢iger St. Paui ae$ociation of metropolitan munici'palitie AMM Member Cities Proposed AMM Legislative Policy The attached are AMMpolicy additions and modifications developed by the standing committees and approved by the Board of Directors for consideration by the General Membership at the January 31, 1984 meeting. .The policies approved by the membership will be an addendum to the already adopted 1983-84 legislative policy and be effective for lobbying in the 1984 Legislative Session. We look forward to your attendance at the January 31st. as you help shape the legislative policies which are so important to cities within the 7-County Metropolitan Area. Sincerely, Fo~ T. Irving, President (ociation of Metropolitan Municipalities 55101 (6121 227-56,00 I MUNICIPAL REVENUES AND TAXATION I-C-2 LOCAL GOVERNMENT. AID FUNDING (New Policy) .The 1983 Legislature modified the LGA formula in a manner which causes some redistribution of the funds based on the relationship of need expressed as a Local Revenue Base and effort expressed as the equivalent of ten mills times the unit equalized assessed value. The-major change to accomplish this goal was elimination of the grandfather clause. To restrict cities from losing too much too fast a limited loss of the equivalent of three quarters of one mill times the units equalized assessed value was established and funded. However, based on curren~ data the total funding for 1984 aids fell $3.5 millimn, short which caused 318 cities to receive less than anticipated and all of those cities which would have lost the limit to lose additional funds. In many cases, these loses ;;ere significant. The pro rata reduction formula in past years has been applied to all cities after maximums, minimums, and other limitations were applied. For 1984, the pro rata Drmula was applied to the preliminary aid (Local Revenue Base minus 10 mills times equalized assessed value). The result was that instead of a 1.3% cut for all ' cities, the preliminary aid was reduced by nearly 20% to yield the $3.5 million. Recently, the Governor, Legislative leadership, and the Tax Committee chairs have indicated they will push for-an added $3.5 million for LGA to restore the pro rata cuts. Cities will have to adjust there 1985 levy limits if a levy was made for the certified shortfall in 1984. Finally, the 1984 legislature ~.~1i have to confirm full funding or pro rata reduction for 1985. THE AMM URGES THE LEGISLATURE TO RESTORE THE $3.5 MILLION DOLLAR SHORTFALL IN 1984 LGA TO ACHIEVE FULL FUNDING OF THE FORMULA AS INTENDED BY THE 1983 LEGISLATION. FURTHER, WE URGE THAT FULL.FUNDING FOR 1985 BE INSURED. I-E-2 SALES RATIO EQUALIZATION (Policy Modification) Whereas, taxing units in the seven-county metropolitan area are subject (1) to certain area-wide levies and (2) to Fiscal Disparity allocations, it is necessary to ensure tax equalization among these various tax units. Therefore, FWR~HBR? THE LEGISLATURE SHOULD DEVELOP LEGISLATION TO ENSURE THAT SALES RATIO STUDIES AND CALCULATIONS USED IN VARIOUS AID FORMULAS CONSIDER ALL FACTORS OF SALES INCLUDING BUT NOT LIMITED TO TERMS OF FINANCING AND ADJUSTMENTS FOR INFLATION OCCURING BETWEEN THE ASSESSMENT AND SALES DATES. AFTER THE SALES RATIO STUDIES ARE IMPROVED BY INCLUDING ALL FACTORS OF SALES THE LEGISLATURE SHOULD ENACT LEGISLATION WHICH MANDATES AT LEAST A 90~ SALES RATIO FOR ALL CITIES WITHIN THE SEVEN-COUNTY METROPOLITAN AREA, THE SALES RATIO SAMPLF TO BE EITHER DONE OR AUDITED BY THE STATE DEPARTMENT OF REVENUE AND REQUIRING THAT THE COMMISSIONER OF REVENUE SHALL MAKE AGGREGATE INCREASES IN THOSE CITIES BELOW 90%. ALL COSTS INCURRED BY THE cOMMISSIONER SHALL BE PAID BY THE ASSESSING JURISDICTION. THE SALES RATIO DETERMINATION FOR THESE PURPOSES TO BE MADE ON THE BASIS OF A i2-MONTH PERIOD SAMPLE, BEGINNING NO MORE THAN 18 MONTHS BEFORE THE ASSESSMENT DATE. F~N~7-B~-~)-~NH~REN~-~NA~RAe~B~-~N-sAAB~-RA~)-BA~A-ANB-eA~.~%~6)Ns ~ THE AMM OBJECTS TO SALES RATIO BEING USED AS A BASIS FOR PENALTY OR BONUS OF STATE AID FUNDS. II GENERAL LEGISLATION II-C CABLE COMMUNICATIONS (New Policy) C-2 CABLE COMMUNICATION INTERCONNECTION AND REGIONAL CHANNEL Nearly all of the cities in the Metropolitan Area have formed, singly or in joint powers, Cable Service Territories (CST). The franchising progress ranges from already served to preparing RFPs for bids. Two major issues are currently being addressed by the State Cable Board, the Legislature and the Metropolitan Council. They are Interconnection of Cable Systems and the functional operation of Regional Channel 6 which is the Public Access set aside channel mandated by state law to provide regional programming opportunities. The.State Cable Board has advertized for entities to apply for operation of the regional Channel 6 with a January 1984 deadline. Legislation is Pending that creates a Metropolitan Channel 6 Boar4 to be appointed by the Metropolitan Council and operated in much the same manor as the current Metropolitan Commissions. The council would retain capital and operations budget review. The Metropolitan Council Cable Task Force has supported the legislation and recommended that the Metropolitan Council apply to be the Channel 6 operating agency in the interim until the legislation is enacted. Additionally the Task Force has recommended Ghat the Metropolitan Area C.S.T.s form a commission to study and implement Interconnection of the'various cable systems. Finally the Metropolitan Council has announced its intention to.seek state designation to oversee the development of regional cable TV Channel 6. The AMM has several major concerns with the Metropolitan Council involve- ment. The council is a planning and coordinating agency which should not become an operating agency. Operating as well as capital budget control with appointing authority and policy development input would make it an operating entity. Acting in the interim may become permanent if legislation is not enacted. The timing is such that viable alternatives have not been investigated such as a commission of cable cor~,~issions. At this time most CST's are mainly concerned with franchising and construction of the individual systems and setting up local non-profit public access corporations for the local systems. At this time there is an ever growing wealth of knowledge concerning all facets of cable in the cummunities that far outweigh what exists at the council level. Therefore, THE AMM URGES THE MINNESOTA STATE CABLE BOARD TO DELAY ACTION ON ACCEPTING PROPOSALS TO OVERSEE DEVELOPMENT OF THE REGIONAL CHANNEL 6 UNTIL VIABLE ALTERNATIVES CAN BE PRESENTED. DUE TO THE STAGE OF DEVELOPMENT OF VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA, THERE DOES NOT APPEAR TO BE A NEED FOR RUSHING THIS DECISION. o THE AMM ENCOURAGES CREATION OF A COHHISSION OF CABLE SERVICE TERRITO~v COMMISSIONS TO SUBHIT AN APPLICATION FOR THE PURPOSE OF INTERCONNECt ~N AND ESTABLISHMENT OF A CHANNEL 6 ENTITY. THESE PARTICULAR ENTITIES HAVE THE TECHNICAL EXPERTISE OF ESTABLISHING OPERATING CABLE SYSTEHS AND OF CREATING NON-PROFIT PUBLIC ACCESS CORPORATIONS TO OVERSEE AND OPERATE ALL TYPES OF LOCAL PUBLIC ACCESS. THE INDIVIDUAL CST COMMISSIONS WILL SOON BE COLLECTING FRANCHISE FEES AND IT IS FELT THAT ENOUGH MONEY WILL BE AVAILABLE TO PROVIDE START UP FUNDING FOR A NON-PROFIT CHANNEL 6 ACCESS CORPORATION. NO STATE HONEY SHOULD BE PROVIDED TO FUND A NON-PROFIT ACCESS CORPORATION. THE A~ ACTIVELY OPPOSES INVOLVEMENT OF THE METROPOLITAN COUNCIL AS AN OPERATING ENTITY IN THE AREA OF CABLE CO~{MUNICATIONS. ITS ROLE SHOULD 'BE ONE OF PLANNIN~ ~fD RES'~A~I~]----' THE AH~,i FEELS THAT THE MINNESOTA CABLE COMMUNICATIONS BOARD DOES HAVE STATUTORY AUTHORITY TO DESIGNATE A REGIONAL CHANNEL 6 ENTITY. HOWEVER, IF LEGISLATION CREATING SUCtI AN ENTITY IS PERSUED, IT SHOULD ESTABLISH A COMMISSION OF CABLE SYSTEMS TERRITORY COMMISSIONS AS THE AGENCY WHICH WOULD BE DESIGNATED TO CREATE A NON-PROFIT PUBLIC ACCESS ~ORPORATION. FINALLY,THE AMM SUPPORTS THE METROPOLITAN COUNCIL CABLE TASK FORCE REPORT RECOMMENDATION THAT A COMMISSION OF CABLE SERVICE TERRITORY COMMISSIONS BE ESTABLISHED TO FACILITATE THE ULTIMATE OVERALL INTER- CONNECTION OF T~ VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA. OPPOSE STATE OR [{ETROPOLITAN LICENSING OF GENERAL TRADE CONTRACTORS Licensing of general trade contractors and various other activities has long been a local prerogative, and the mechanism for license review, issuance, and enforcement is already in place. The primary reason that local licensing has been successful and, therefore,maintained at the local level, is that inspection and enforcement personnel reside at the local level, know the 'area and activities, and are familiar with local ordinance and restrictions, thus providing better and faster enforcement. Suggestions have been made to form a statewide or metropolitan wide licensing authority and split the revenue among the licensing agency e~a~e and various municipalities with the municipalities maintaining enforcement tasks. It is questionable under this arrangement, if either the s~a%e agency or municipalities would have enough funds to accomplish the respective tasks. In these times of economic stress fe~-~e~-~e-s~a%e a~-~eea~-~s it does not seem logical to increase s~a~e participation in an area that has and is being handled effectively at the local level. Therefore, THE AMI¢ STRAONGLY OPPOSES STATE OR ~,~ETROPOLITAN TAKEOVER OF GENERAL TRADE CONTRACTOR AND OTHER ASSOCIATED TRADE CONTRACTOR LICENSING. 4 II-T PERA BENEFITS, FINANCIN~ AND ADMINISTRATION (New Policy) The following principles should govern any changes the legislature makes in PERA and the other statewide pension plans. T-1 HIGH FIVE YEAR BENEFIT BASE The adoption in 1973 of the "high five year" benefit formula for PERA has provided Very adequate pension benefits for career municipal employees. Further shorting of the averaging period would create windfalls for some PERA members and multiply opportunities for manipulation of service and salaries to maximize pension benefits without'proportional contribution to the fund,~therefore, THE AMM OPPOSES MODIFICATION OF THE "HIGH FIVE~' FORMULA. T-2 GENERAL PERA BENEFIT INCREASES AND FUNDING ANY INCREASES IN PERA BENEFITS SHOULD BE GRANTED ONLY TO THE EXTENT THAT PROPOSED CONTRIBUTIONS AND CURRENT RESERVES ARE SUFFICIENT TO FULLY FUND THE INCREASES IN THE OPINION OF ONE OR MORE RECOGNIZED PENSION ACTUARIES WHO ARE INDEPENDENT OF THE PERA ORGANIZATION. ANY INCREASES IN PERA GENERAL FUND BENEFITS ENACTED SUBSEQUENT TO 1973, INCLUDING ANY RESULTING DEFICITS, St~ULD BE FINANCED BY MATCHING CONTRIBUTIONS, SHARED EQUALLY BE .EMPLOYEES AND PUBLIC EMPLOYERS, OVER A PERIOD NOT TO EXCEED 30 YEARS. ANY INCREASES IN BENEFITS UNDER THE PERA POLICE AND FIRE FUND, INCLUDING ANY RESULTING DEFICITS, SHOULD BE FINANCED 50 PERCENT BY EMPLOYERS AND 50 PERCENT BY EMPLOYEES, OVER THE SAME AMORTIZATION PERIOD. ANY BENEFIT INCREASE OR CONTRIBUTION REDUCTIONS PERMITTED BY EXCESS RESERVES OR EXCESSIVE CURRENT CONTRIBUTIONS OR COMBINATIONS OF THE TWO SHOULD BE OF SUCH AMOUNTS AS TO BENEFIT THE EMPLOYER AND EMPLOYEE EQUALLY AS A PERCENTAGE OF OVERALL EMPLOYEE SALARY. T-3 EARLY RETIREMENT Devices to promote early retirement, like the proposed rule of 85 (75 for police) are a very blunt instrument for cutting budgets or weeding out dead wood. To the extent that they encourzge basic plan members to retire, they arguably benefit the PERA fund by freezing the deficit. However, replacement of basic plan members with coordinated members at the same salary levels will increase employer retirement contribution costs because contributions to social security and the coordinated plan of PERA substantially exceed required employer contributions to the PERA basic plan for most employees. This differential is an immediate cost to the taxpayers. FOR THESE REASONS AND BECAUSE INCREASING LIFE SPANS SHOULD LEAD TO AN INCREASE IN YEARS OF EMPLOYABILITY, THE AMM OPPOSES THE RULE OF 85 (75 FOR POLICE) AND OTHER PROPOSALS TO ENCOURAGE EARLIER RETIREMENT. BY PUBLIC EMPLOYEES. T-4 RETIREE HEALTH INSURANCE Among all the proposals for benefit increases, the one that most threatens .the financial soundness of PERA and other Minnesota public pension funds, is the proposal to provide health insurance to retirees paid from the pension fund. Full payment would commit the taxpayers to an open ended promise to pay a cost that is escalating at the rate of 15% to 20% per year even in iow inflation years. Partial payment would provide a foot-in-the-door for full payment. Either would hamper efforts to control health care costs by making the -reCipient responsible for a significant portion of charges to encourage thrifty use. IN ORDER TO AVOID RECURRING PROBLEMS SIMILAR TO THOSE EXPERIENCED BY THE FEDERAL' GOVERNMENT IN ITS PENSION PROGRAMS, THE AMM OPPOSES PAYMENT OF HEALTH CARE COSTS FOR RETIREES FROM THE' PERA FUND. T-5 EXCESS'EMPLOYER CONTRIBUTIONS SINCE'THE EQUAL MATCHING EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE COORDINATED PLAN WITHIN PERA ARE SUFFICIENT TO FINANCE THE PRESENT BENEFITS AND LIQUIDATE THE EXISTING DEFICIT IN LESS THAN 30 YEARS; THE EMPLOYER'S ADDITIONAL 1½% OF SALARY CONTRIBUTIONS SHOULD BE ABOLISHED. ALL OF THE E~LOYER'S ADDITIONAL CONTRIBUTIONS OF 2~% OF SALARY FOR THE BASIC PLAN SHOULD BE SPECIFICALLy AND EXCLUSIVELY EARNktRKED FOR THE REDUCTION OF THE ACTUARIAL DEFICIT IN THE PERA BASIC PLAN AND'NOT FOR BENEFIT IMPROVEMENT. T-6 GENERAL RETIREE BENEFITS IF ANY INCREASE IN BENEFITS IS ENACTED FOR PERA RETIREES, THE RESULTING COSTS SHOULD NOT BE PAID FROM THE PERA FUND, BUT RATHER SHOULD BE FINANCED BY A DIRECT APPROPRIATION FROM THE STATE GENERAL FUND. T-7 ACTUARIAL ASSUMPTIONS THE ACTUARIAL ASSUMPTIONS CONCERNING THE RATE OF INVESTMENT EARNINGS AND OF SALARY INCREASES SHOULD BE A CONSERVATIVE REFLECTION OF ACTUAL EXPERIENCE. T-8 MINNESOTA POST RETIREMENT INVESTMENT FUND THE AMM SUPPORTS THE CONTINUATION OF THE MINNESOTA POST RETIREMENT INVESTMENT FUND AS A MEANS OF PROVIDING POST-RETIREMENT INCREASES IN THE PENSION BENEFITS OF RETIREES UNDER THE STATE-WIDE PENSIONS FUNDS. THE AMM SUPPORTS STATE FUNDING OF ANY FUND DEFICITS FROM GENERAL FUNDS OR AMORTIZATION OF THE DEFICITS BY CREDITING A REASONABLE PORTION OF EXCESS EARNINGS OVER STATUTORY ASSUMPTIONS TO RETIRE DEFICITS AND PAYMENT OF THE REMAIh~ER OF EXCESS EARNINGS TO RETIREES AS A COST OF LIVING ADJUSTMENT WITHOUT ESTABLISHMENT OF ANY GUARANTEED. ADJUSTMENT. T-9 PENSION FUND PROGRAMS SINCE INTEGRATION OF PENSION FUND ADMINISTRATION MECHANISMS MAY LEAD TO COMBINING THE FUNDS, THE AMM OPPOSES ANY MOVE TO COMBINE ADMINISTRATION OF THE THREE STATE-WIDE PENSION PROGRAMS. T-10 DEFINED CONTRIBUTION Defined contribution plans basically provide that an employee receives that amount that the employee and employer have contributed plus accrued interest at exit from public employment or retirement. The amount can be taken in lump sum or used to provide various anuity arrangements. It provides complete portability and certainty of ownership of the account which cannot be modified by legislative acts. It resolves intergeneration fights and fights between current generation employees as well as forever resolving underfunding questions and ends pressures for political tinkering for various benefit modification. THE AMM SUPPORTS IN CONCEPT A CHANGE IN THE MEANS OF PROVIDING PENSIONS FOR NEW MINNESOTA PUBLIC EMPLOYEES FROM THE PRESENT DEFINED BENEFIT TYPE PLANS TO A SINGLE DEFINED CONTRIBUTION PLAN. CURRENT EMPLOYEES SHOULD BE GIVEN THE OPTION TO TRANSFER INTO THE NEW PLAN. HOWEVER, THE AMM WILL OPPOSE ANY SUCH LEGISLATION WHICH DOES NOT CONTAIN A CLEAR COMMITMENT BY THE STATE TO FUND ANY DEFICIT CREATED IN PRESENTLY EXISTING DEFINED BENEFIT PLANS RESULTING FROM THE TERMINATION OF THE ENTRY OF NEW MEMBERS, AND A MUNICIPAL CONTRIBUTIOF RATE THAT IS AS LOW OR LOWER THAN EMPLOYER CONTRIBUTION RATES TO EXISTING PLANS. T-11 INSURANCE REBATE The PERA police and fire fund is now essentially fully funded. Furthermore, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. Therefore, THE LEGISLATURE SHOULD AMEND THE PRESENT PROVISION ON DISBURSEMENT OF THE TWO PERCENT TAX ON AUTOMOBILE CASUALTY INSURANCE TO ALLOW EXPENDITURES BY THE RECIPIENT POLITICAL SUBDIVISION OF-ANY EXCESS OVER THE EMPLOYER'S SHARE OF POLICE RETIREMENT COSTS FOR ANY POLICE DEPARTMENT PURPOSE INSTEAD OF REQUIRING PAYMENT TO THE PERA POLICE AND FIRE FUND. SINCE THE PERA POLICE AND FIRE FUND HAS NOW ESSENTIALLY ACHIEVED FULL FUNDING, EMPLOYERS' AND EMPLOYEES' CONTRIBUTIONS SHOULD BE REDUCED TO AN AMOUNT SUFFICIENT TO PAY NORMAL COSTS ON AN EQUAL SHARE BASIS. T-12 CONTRIBUTION SAVINGS ANY DECREASE IN CONTRIBUTIONS BY LOCAL UNITS DUE TO DEFICIT REDUCTIONS OR PROGRAM CHANGES SHOULD ACCRUE TO THE LOCAL UNIT. II-U CONTRACT QUOTE AND BID (New Policy) The 1983 legislature modified the contract bidding law by increasing the thresholds from $10,000 to $15,000 for which it is necessary to advertize for competitive sealed bids. The other thresholds for multiple quotes were also increased. However, a floor amendment removed language from the smallest category that required two quotes ks far as practicable'. Thus, in theory, a city might be required to obtain and file two quotes for purchases such as a light bulb, etc. ? THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE 'AS FAR AS PRACTICABLE' LANGUAGE TO THE SMALLEST CONTRACT CATAGORY AND IF NECESSARY REDUCE THAT CATAGORY TO ZERO TO $5,000 AND CHANGE THE SECOND.CONTRACT CATAGORY REQUIRING TWO OR ~ORE COMPETITIVE QUOTES TO $5,000 TO $15,000. II-V ZONING AND SUBDIVISION FILING REQUIREMENTS (New Policy) The law was modified two ~ars ago to require any zoning change or variance as well as Subdivision approval ta be recorded with the appropriate county agency. Subdivision regulations and plats have to do with legal descriptions of property and may be justifiable actions for recording. However, zoning along with comprehensive plans are much more flexible and changing documents specifying uses in more general terms and size or locational issues in more specific terms. Zoning issues may range from the location and height o£ a fence to changing a zone classification for litSrally hundreds of specific properties. The sheer volume and cost of paper work at both the local and county level, is not warrented since these issues and decisions are available already at the local level and are not legally appropriate parts of deeds and titles. Finally, this law was initially changed by a separately signed bill passed in 1983 except that a latter revisors bill making changes to many areas of law inadvertently carried the old language. Since it passed later, it superceded the first bill and returned the law to its pre 1983 status. THE AMM URGES THE LEGISLATURE TO REPASS THE LAW WHICH ELIMINATES THE NEED TO FILE AND RECORD ZONING MODIFICATIONS WITH THE COUNTY. II-W TORT LIABILITY LIMITS (New Policy) During the 1983 legislative session, Tort liability limits for local govennments were increased from $100,000/$300,000 to $200,000/$600,000 as of August 1, 1984. Limits for Hazardous Waste disposal claims are $300,000/$600,000 and will be $400,000/$1,200,000 effective August 1, 1984. During these'discussions, the Governors office expressed a desire to remove Tort liability limits altogether. If done, this could have a critical and disaster~ous effect on city financing and property taxes. The cost of providing insurance for unlimited liability would be prohibitive and c~use a lone term unnecessary major property tax increase. Also~ if a major claim were to be filed and supported through the judicial system for a sum far in excess of what might be considered reasonable, a local jurisdiction could literally be driven to financial ruin with the taxpayers becomming liable for hugh property tax payments. Unlike a private sector business, a city cannot merely declare bankruptcy and cease to exist. THE AMM CONSIDERS THE CURRENT TORT LIABILITY LIMITS ADEQUATE TO SATISFY ANY REASONABLE CLAIM AND THEREFORE URGES THE LEGISLATURE TO RETAIN THE LIMITS IN CURRENT LAW AND NOT CONSIDER UNLIMITED LIABILITY. II-X PUBLICATION REQUIREMENTS (New Policy) Legislation has been proposed to significantly modify publishing requirements and rates paid by local units of government. Included are a few provisions reducing redundancy of multiple publication requirements. However, it calls for summary publication of all council meeting minutes and an annual budget statement. It creates a cause of action for willful failure to provide statutorilly required legal notice of publication and provides for ~ecovery of costs and attorney fees. Publication line rates are increased 10% each year for 1984 and 1985 and 5% for 1986. Thereafter, they become negotiable. THE AMM APPLAUDS ANY EFFORT TO REDUCE UNNECESSARY MULTIPLE PUBLICATIONS BUT OPPOSES MANDATORY PUBLICATION OF COUNCIL MINUTES SUMMARIES OR ANNUAL BUDGETS BEYOND THAT PROVIDED BY LOCAL CHARTER OR ORDINANCE. THESE DOCUMENTS ARE CURRENTLY AVAILABLE TO THE PUBLIC AND INCREASED TAX DOLLAR EXPENDITURES FOR ADDED PUBLICATION IS UNNECESSARY. CURRENT LAW PROVIDES ADEQUATE REMEDY FOR FAILURE TO PROVIDE LEGAL NOTICES OR PUBLICATIONS, THEREFORE THIS PROVISION IS NOT NECESSARY AND OPPOSED BY AMM. FINALLY, THE RATE INCREASES AS PROPOSED ARE EXCESSIVE CONSIDERING THE CURRENT ECONOMY AND SHOULD BE REDUCED. III HOUSING POLICY ItI-IINCO,~.{E LEVELS GOVERN,~.~NT ASSISTED HOUSING Housing assis%~nce progr~s, which have traditionally benefitted lower income families, now appear to assist .families of hi§her incomes. Historically, §overnment involvement in housing was based on a substantiated need to provide housing assistance to lower income families (80 percent of median income or below). Primary responsibility for funding rested with the federal ~vernmen~. S~te and loc~t units of government, in an effort to provide housing,-have broadened the eligibility of their programs. This has resulted in a shift where lower income families are no longer, being the primary target or beneficiary of housing assistance programs. Therefore the A~5! believes ~ha%: -STATE AND LOCAL I{OUSING ASSISTANCE PROGRAS~S SHOULD AI)DRESS THE NEEDS OF LO%~R INCO?.iE FAHILIES. -STATE AND LOCAL UNITS OF C~VERN~NT SHOULD REEVALUATE THEIR HOUSING ASSISTANCE PROGRA!d$ TO ENSURE THAT THE PROGRASIS ARE MEETING THEIR ORIGINAL LEGISLATIVE INTENT.. -THE LEGISLATURE SHOULD NOT BROADEN CURRENT HOUSING ASSISTED PROGRAMS UNTIL IT HAS FObA~ THAT THE HOUSING NEEDS OF LOWER INCOME FA~IILIES HAVE BEE~ SUFFICIENTLY SATISFIED. IV METROPOLITAN AREA ISSUES & CONCERNS ~HILISOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES The source of all governmental power resides with the people. The purpose of government is to identify and meet the needs of the governed. ~,eeds of the people should be met with a minimum of involvement on the part of governing units. The degree of involvement should be that necessary to solve the problem. Because they are closer to the people,;local governing bodies are generally most suited to deal with the day-to-day problems of their con'stituents,to introduce practical knowledge to the for- mation of policies and plans affecting their constituents, and to see the impact of those policies. Some issues are beyond the scope of a single governing body. Therefore, when such issues arise, it is in the interests of all concerned for governing units to cooperate in reaching a solution. There are a few problems which are of such magnitude that they encompass the concerns of an entire metropolitan' area. Such problems and issues must necessarily be dealt with by a metro- politan unit. However, that unit should act in cooperation with local governing bodies by attempting to identify the best solution before determining courses of action. Metropolitan Agencies and local governmental units should be viewed as partners with each respecting the role of the other in so'lving these problems. Government must not be insulated from the governed. It must be kept in mind by all officials, elected and non-elected, that they are servants of the will of the people. IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES Due to the political fragmentation of this metropolitan area and the diverse fiscal conditions, geographic locations, and size of the local units of government, there is a need for a regional service delivery system to provide certain services or portions of certain services to most effectively and efficiently satisfy the needs of the residents living in this area. Examples of this type of regional service needs would be the prevention of pollution, provision of certain transportation functions, etc. There is also a need for some planning on a metropolitan wide basis which must be done in cooperation with local government. The federal government and the state government, to a lesser extent, require that most grant applications be reviewed ~- a regional agency to d~termine consistency of these applications with regional plans and programs. Since this activity is beyond the control of local units of government, the Council appears to be the most logical agency to perform this function. THE PRIMARY AND...PREDOMINATE PURPOSES OF THE METROPOLITAN COUNCIL AND ~ETROPOLITAN C0~HISSIONS SHOULD BE TO COORDINATE THE PLANNING AND DEVELOPMENT OF 'THE METROPOLITAN AREA~ TO PROVIDE ~ITHOUT NEEDLESS LICATION THOSE AREA WIDE SERVICES WHICH ARE BEYOND THE CAPABILITY LOCAL GOVERNMENTAL UNITS TO PROVIDE INDIVIDUALLY AND JOINTLY: TO PROVIDE AREA WIDE PLANNING WHERE NECESSARY WITH COOPERATION OF LOCAL GOVERNMENTAL UNITS: AND TO FULFILL THE REGIONAL REVIEW RESPONSIBILITIES FOR GRANTS AND LOANS AS DIRECTED BY TIlE STATE AND FEDERAL GOVERNMENT. POLICY IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWER° There is a natural tendency of any organization to seek more authority in both breadth and depth; therefore, increased authority to the Council and its Commissions should contain carefully considered specific direction. B-1 ACTIVITIES WHICH ARE NOT MANDATED BY FEDERAL OR STATE GOVERNMENT BUT MAY BE UNDERTAKEN THROUGH USE OF GRANT MONEY SHOULD NOT BE PURSUED MERELY BECAUSE MONEY IS AVAIL- ABLE UNLESS THERE IS A NEED THAT MUST BE SATISFIED FOR THE PEOPLE OF THE METROPOLIRAN AREA AND THEN SHOULD BE PURSUED ONLY AFTER A THOROUGH EVALUATION TO DETER~{INE WHAT ADDITIONAL LOCAL OR STATE EXPENDITURES ARE NECESSARY TO COMPLETE THE ACTIVITY, REACH TO TIM FINDINGS OR IMPLEMENT A PROGRAM. THE LEGISLATURE, IN GRANTING THE METROPOLITAN COUNCIL ADDITIONAL AUTHORITY TO UNDERTAKE AN ACTIVITY, SHOULD SPECIFICALLY STATE THE AUTHORITY BEING GRANTED AND NOT INCLUDE GENERAL LEGISLATIVE LANGUAGE SUCH AS..."INCLUDING BUT NOT LIMITED TO SUCH MATTERS AS..." ANY EXPANSION OR EXTENSION OF AUTHORITY. SHOULD BE CONSIDERED ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXISTS: -THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT CANNOT BE EFFECTIVELY OR EFFICIENTLY PROVIDED OR ADMINISTERED THROUGIt EXISTING GENERAL PURPOSE UNITS OF GOVERNMENT. -INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE REGIONAL INVESTMENT IN THE METROPOLITAN PHYSICAL SERVICE SYSTE~{S. -THE SERVICE FUNCTION OR ACTIVITY IS MANDATED BY THE FEDERAL GOVERNMENT. B-~---REV~EW-U8E- ~he-~se-e~-~he-A-~§-e~-e&m&~a~-~e~ie~-a~he~i~y-~y-~he Me~epe~&~am-Ge~me&~-she~-~e-~&m&~e~-~e-¢~&m~-~he ee~sis~e~ey-e~-~he-p~epesa~-wi~h-~he-~e§ie~a~-gea~s-a~ ~e~e~es-a~-~e~-.¢&~e-~e~&~y-e~-~eCe~e~ee-~e~-4e~e~e~&~¢ e~a-~e~-ma~e~-e~&~e~&a. * underlined wording is new crossed out words (---) is to be deleted. NOTE TO BOARD MEMBERS: Minor revision to policy to clarify intent. B-2 now incorporated into Policy IV-F. POLICY IV-C C-1 STRUCTURES, PLANNING, It.{PLEMENTATION AND FUNDING OF METROPOLITAN SERVICES AI~ PROGRA~IS The Metropolitan Council was established by the Legislature in 1967 to coordinate "the planning and development" of the Metropolitan Area. The Council, as initially established, was mostly advisory but was given some direct authority .and responsibility for regional policy development and coordination in the areas of wastewater treatment and dis- posal, transportation and airports. The Council was given limited approval authority for development proposals which were of metropolitan (regional) significance. .The Council, in its infancy, was given no direct operational authority and instead the Legislature created two new Metropolitan Commissions (},~CC and NTC) add restructured the MAC to actually operate and provide those services. In subsequent sessions of the Legislature, the Metropolitan Council's authority and responsibility was expanded to include regional parks and open space, solid waste, regional review authority over certain types of federal grant applications(formerly A-95), approval authority over controlled access highways and approval authority over certain elements (airports, transportation, parks and open space, and sewers) of local comprehensive, plans. In each of these cases, however the Council was not given operation~ or implementation authority. There was one exception to this general division of responsibility in that the Council was. given regional HRA operational authority but the Council can only operate this authority in any given city at.the request of that city. The funding for the ~ietropolitan Council and Commissions and their programs has also evolved over the period of time and is a mixture of property taxes, user fees and state and federal grants. However, except for user fees, the Legislature has retained control over the maximum tax rates and the metro agencies cannot adjust these rates upward. The Legislature also retains control over grants thru its biennial appropriation process. Based on this background and experience, the AHM believes: POLICY PLANNING - pOLICY I~.~LEMENTATION THE HISTORIC LEGISLATIVE INTENT CONCERNING SEPARATION OF RESPONSIBILITY FOR METROPOLITAN (REGIONAL) POLICY PLANNING AND POLICY IHPLEMENTATION SHOULD BE REAFFIRMED. I.E. THE METROPOLITAN COUNCIL BE A PLANNING AND COORDINATING BODY AND REGIONAL PROGRAM II~LE~IENTATION AND OPERATIONS BE CARRIED OUT THROUGH THE EXISTING METROPOLITAN COMMISSIONS AND/OR GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT. C-2 METROPOLITAN STRUCTURE AND STRUCTURAL RELATIONSHIP THE EXISTING STRUCTURE OF METROPOLITAN GOVERNANCE THAT HA~ EVOLVED OVER THE LAST 16 YEARS IS BASICALLY SATISFACTORY. THE STRUCTURE IS NOT UNIFORM AND FUNCTION I~S DETERMINED FORM RATItER THAN FORM DETERMINING FUNCTION. FOR EXAMPLE, THE RELATIONSHIP BETWEEN THE METROPOLITAN COUNCIL AND THE MTC AND TtIE 5IWCC IS QUITE DIFFERENT THAN THE RELATIONSHIP BETWEEN THE METROPOLITAN COUNCIL AND MAC A1M THE MPOSC AND THE AMM BELIEVES NO MAJOR CHANGES ARE NECESSARY. THE AMM WOULD SUPPORT THREE MINOR BUT SIGNIFICANT CHANGES WHICH SHOULD HELP TO PROVIDE MORE EFFECTIVE COMMUNICATION AIM COORDINATION BETWEEN THE METROPOLITAN COUNCIL AND THE COMMISSIONS. ,' -THE CHAIRPERSONS OF THESE COMMISSIONS SHOULD BE APPOINTED BY THE METROPOLITAN COUNCIL INSTEAD OF THE GOVERNOR. -THE METROPOLITAN COUNCIL SHOULD BE REQUIRED TO REVIEW AND PROVIDE WRITTEN COMMENTS WITH RESPECT TO Tt~ ANNUAL OPERATING BUDGETS OF TttE MTC AND MWCC. SUCH CO~}~NTS SHOULD BE MADE AVAILABLE TO THE PUBLIC. -CHANGES IN USER FEE RATES ESTABLISHED BY THE MTC AND MWCC WOULD BE SUBJECT TO APPROVAL BY THE MET COUNCIL AIM ONLY THEN AFTER A PROPERLY NOTICED PUBLIC HEARING. C-3 FUNDING FOR REGIONALLY PROVIDED SERVICES TItERE IS NO NEED FOR A SINGLE UNIFORM REVENUE SOURCE TO PAY FOR REGIONAL SERVICES AND THE EXISTING MIXED SOURCES OF REGIONAL REVENUES ARE SATISFACTORY AND ADEQUATE. I.E. A COMBINATION OF USER FEES, STATE A~ FEDERAL APPROPRIATES AND PROPERTY TAXES. THE LEGISLATURE SHOULD RETAIN CONTROL OF THE MAXIMUM TAX RATES AND DIRECT APPROPRIATIONS. USER FEE RATES SHOULD BE DETERMINED WITHIN THE REGION JUST AS THEY ARE CURRENTLY AIM AS }.iODIFIED BY C-2 ABOVE. USER FEE RATES FOR SERVICES PROVIDED SHOULD NOT BE DETERMINED BY THE LEGISLATURE. NOTE TO BOARD MEMBERS: This policy has been extensively revised to recognize that the Metropolitan Governance Commission is no longer in existence. The policy previously spoke to recommendations which might come from that commission. POLICY IV-F MINNESOTA INTERGOVERNMENTAL REVIEW 0~ PEDERAL PROGRA B Presidental Executive Order No. 12372 as amended by Executive Order No. 12416 eliminates the Federal A-95 Review Process and authorizes each state to establish its own process. Minnesota Sessions Laws 1983, Chapter 289, Section 49 authorized the State Planning Agency to adopt a state process. Such review and state processes must be recogni~d by the Federal Agencies. The State Intergovernmental Review of Federal Programs Process should be consistent with the following prinicples and concepts: F-1 GUIDELINES FOR STATE PROCESS THE STATE PROCESS (PROCEDURE) SHOULD BE APPLICABLE AI~ CONSISTENT ON A STATEWIDE BASIS AND CRITERIA SHOULD BE DEVELOPED TO DETERMINE WHICH FEDERAL PROGRAMS, PROPOSALS AND PROJECTS WILL BE SUBJECT TO THE INTER- GOVERNMENTAL REVIEW PROCESS. PROGRAMS AND PROJECTS SHOULD NOT BE ADDED OR DELECTED FROM THE LIST WITHOUT PROPER NOTICE. F-2 REGIONAL REVIEW AGENCY 'THE REGIONAL AGENCIES REVIEW AUTHORITY, SHOULD BE LIMITED TO JUKING THE PROGRAMS, PROPOSALS, PROJECTS CONSISTENCY WITH REGIONAL PLANS, GOALS ArID POLICIES. NO PREFERENCE OR PRIORITY SHOULD BE GIVEN TO PROJECTS, PROGRAMS OR PROPOSALS WHICH EXCEED THE REGIONAL OR STATE REQUIREMENTS AS OPPOSED TO THOSE PROJECTS, PROGRAMS OR PROPOSALS WtlICH MEET THE REGIONAL OR STATE REQUIREMENTS. EACH PROGRAM, PROJECT, PROPOSAL SHOULD BE REVIEWED PRIMARILY ON ITS O%~ MERITS AND THE REGIONAL REVIEWING AGENCY SHOULD DOCUMENT ITS REASONS FOR CONSIDERING FACTORS NOT DIRECTLY RELATED TO THE SUBJECT MATTER OF THE PROGRAM, PROJECT, PROPOSAL. F~3 NOTIFICATION REQUIREMENTS NOTIFICATION REQUIREMENTS OF THE PREVIOUS FEDERAL A-95 REVIEW PROCEDURE SHOULD BE INCORPORATED INTO THE STATE INTERGOVERNMENTAL REVIEW PROCESS. NOTE TO BOARD MEMBERS: This policy replaced and comtines two current policies IV-F and IV B-2. It was necessary to revise policy to correspond with the shift of responsibility from the Federal to the S~ate. POLICY IV-I I-1 I-2 I-3 I-4 HAZARDOUS WASTE MANAGE~.~ENT The problem of regulating, controlling and disposil of hazardous materials in an environmentally sound manner is one of the major issues of this decade both nationally and locally. Major state legislation addressing this issue was enacted in 1980, 81, 82 and 83. These legislative acts, as passed, responded to nearly all the concerns and issues raised by the AM~{ and we commend the legislature for its concern. The comulative affect of the legislation was the establishment of an on-going management and control system for the handling and[disposal of hazardous materials where responsibility is centralized at the state level but requires the cooperation and support of all levels of government. The AMM does not perceive the need for additional legislation or major changes to existing legislation at the present time. However, any future legislative proposal that may be considered should enhance and not dimish emphasis on the following principles: EFFECTIVE PLANNING PARTIES OR AGENCIES WHO GENERAL HAZARDOUS WASTES SHOULD BE INVOLVED IN ALL PHASES OF PLANNING AND IMPLEMENTING THE MANAGEMENT AND DISPOSAL SYSTEM. ABATEMENT-REDUCTION-RESOURCE RECOVERY GENERATORS SHOULD BE ENCOURAGED TO MODIFY THEIR PRODUCTION PROCESSES TO RE-USE, RECOVER/RECYCLE AS MUCH HAZARDOUS WASTE AS POSSIBLE AND TO USE LESS HAZARDOUS RAW MATERIALS IN THEIR MANUFACTURING PROCESS. ENCOURAGE~ENT COULD BE GIVEN THRU INCENTIVES/ DISCINCENTIVIES. HANDLINGs STORAGE~ DISPOSAL ALL PARTIES INVOLVED IN THE "HAZARDOUS WASTE STREAM" (FROM GENERATION TO DISPOSAL) MUST BE REQUIRED TO HANDLE WASTE IN A MANNER THAT WILL ASSURE THAT THESE WASTES ARE PROPERLY IDENTIFIED, COLLECTED, TREATED, TRANSPORTED, ETC. AND ULTIMATELY DISPOSED OF IN A SAFE MANNER. PRIVATE OWNERSItIP THE PRIVATE SECTOR SttOULD BE ENCOURAGED TO OWN, OPERATE MD MANAGE HAZARDOUS WASTE PROCESSING, TREATMENT, STOB- AGE AND DISPOSAL FACILITIES UNDER STRINGENT STATE REGULATION A~ LICENSING AND BACKED BY STATE LIABI rY. UNDERGROUND OR IN-GROUND BURIAL OF HAZARDOUS WASTB SHOULD ONLY BE USED AS A LAST RESORT AND IF THIS BECOMES NECESSARY, THE PRIME CRITERIA FOR SITE SELECTION SHOULD BE GEOLOGICAL ACCEPTABILITY AND SAFETY FOR THE PUBLIC. I-5 COMPENSATION-INCENTIVES FOR HOST COMMUNITIES SEE AMM POLICY Q-4 FOR LISTING OF INCENTIVES AND COMPENSATION WHICH SHOULD BE PROVIDED TO ttOS~ COM}IUNITIIES. I-6 EXISTING SITE CLEAN-UP AND LIABILITY THE }.~CA SHOULD BE ENCOURAGED TO PROCEED POST HASTE TO CLEAN- UP AND DECOMTAMINATE THE EXISTING HAZARDOUS WASTE SITES BEFORE THERE IS FURTHER DAMAGE TO PUBLIC HEALTH AND THE ENVIRONMENT. IF A RESPONSIBILE PARTY CAN BE IDENTIFIED, THAT PARTY SHOULD BE LIABLE FOR CLEAN-UP COSTS AND PERSONAL INJURY DAMAGES AS DEFINED IN LAW. IF A RESPONSIBLE PARTY CANNOT BE IDENTIFIED, TI~N THE CLEAN-UP SHOULD BE FINANCED BY THE STATE SUPERFUND AI~D THE LEGISLATORS SHOULD ASSURE THAT THERE ARE ADEQUATE FUNDS TO DO SUCH CLEAN-UP. NOTE TO BOARD MEMBERS' This policy was revised to reflect the passage of the State "Superfund Act" during the 1983 session. Solid Waste Management was made into a separate policy (IV-Q) POLICY IV-N SURFACE WATER MANAGEMENT IN THE ~TROPOLITAN AREA The'Legislature in 1982 adopted a Surface Water Management Act for the 7-county metropolitan area. The Act as passed, addressed most of the concerns raised by the AMM and we do not see the need for majo~ new lg~islation at this point in time. If the Legislature considers a bill for the balance of the state or if changes are contemplated for the metropolitan area~ such legisllation should not diminish emphasis on the following.principles: THE COST TO LOCAL UNITS OF GOVERNMENT FOR PLANNING AND IMPLEMENTING THIS ACT MUST REMAIN OUTSIDE OF LEVY LIMITS AND ADDITIONAL MANDATES PLACED ON LOCAL UNITS OF GOVErnMENT SHOULD BE FULLY 'FU~ED By STATE RAISED REVENUES. A ~ETROPOLITAN AREA WIDE AD VALORUM PROPERTY TAX SHOULD NOT BE ESTABLISHED TO PAY FOR SURFACE WATER 'MANAGEMENT (PLANNING, PROJECTS, MAINTENANCE) EXCEPT FOR REGIONAL PLANNING OR PROJECTS THAT ARE JUDGED TO BE OF METROPOLITAN SIGNIFICANCE PER M.S. 473.173. THE AUTHORITIES AND RESPONSIBILITIES ASSIGNED TO THE VARIOUS UNITS AND LEVELS OF GOVERNME''~ BY THE 1982 SURFACE WATER MANAGEMENT ACT SEEM TO BE _ . GOOD BALANCE AND SHOULD ALLOW FOR EFFECTIVE EFFICIENT' MAI~GEMENT OF SURFACE WATER. T~SE AUTHORITIES AND RESPONSIBILITIES SHOULD NOT BE CHANGED UNLESS THE SYSTEM DELINEATED IN THIS ACT PROVES UNWORKABLE. LOCAL UNITS OF GOVERNMENT WITHIN THE 7-COUNTY METROPOLITAN AREA SHOULD BE ELIGIBLE TO PARTICIPATE IN ANY STATE- WIDE SURFACE WATER MANAGEMENT GRANT PROGRAM WHICH NAY BE ESTABLISHED AS PART OF A STATEWIDE PROGRA~. * Underlined portions of this policy are new. NO~ETO BOARD MEHBERS: This policy was revised to inblude the metropolitan area in any state wide act which contains grants to local units of government for surface water management planning and programs. 19 POLICY IV-P P-1 ~{ETROPOLITAN CiOVERNANCE ACCOUNTABILITY The major recommendation of the Legislative Commission on Metropolitan Governance dealth with the issue of account-. 'ability of Metropolitan Agencies in order to improve their responsiveness to the various groups and government agencies interested in Metropolitan Government. The A}2,! also believes that more accountability is needed. LEGISLATIVE ACCOUNTABILITY The existing system of regional governance and structure should be more accountable to the Legislature. Under the current system, the Metropolitan Council is in reality accountable and responsive only to the Governor who is elected on a state-wide basis. The Council, in turn, appoints the members of the MTC, MWCC and NPOSC and the Metro HRA Advisory Committee, and consequently, these agencies are further removed from the Legislature in terms of accountability. History has shown that ~y and large the Council and Commission members are appointed, reappointed or removed almost solely on the basis of political party affiliation. While in theory, the Council and Commissions are accountable to the Legislature, the Legislature in recent years has shown little inclination to exercise its overview authority unless the Council or Commissions request funding or funding authority. The A).~ recommends: BUDGET AND REVENUE FORECASTING A~ ANALYSIS THAT THE LEGISLATURE REQUIRE THE ~OUNCIL AND COMMISSIONS TO PREPARE LONG RANGE BUDGET PROJECTIONS, IN ADDITION TO THE EXISTING REQUIREMENT OF ANNUAL OPERATING AlrD FIVE YEAR CAPITAL I}.~ROVEMENT BUDGETS. THESE'ADDITIONAL LONG RANGE PROJECTIONS WOULD ESTIMATE REVENUES AND EXPENDITURES FOR 10 YEARS IN CAPITAL BUDGETS AND 4 YEARS IN OPERATIONS. THE METROPOLITAN COUNCIL WOULD ASSEMBLE AlfD COORDINATE THE SEPARATE AGENCY BUDGETS INTO A SINGLE BUDGET DOCUMENT AIfD PREPARE SUM~RY AND OVERVIEW DOCUMENTS SHOWING AGGREGATE RESULTS: HOLD . HEARINGS ON THE DOCU}.~NT AS A WHOLE: AI~ ~IAKE A REPORT TO THE LEGISLATURE. THIS PROCESS WOULD NOT RESULT IN A SINGLE UNIFIED BUDGET AND THE COUNCIL WOULD NOT BE GR~TED ANY ~PROVAL AUTHORITY BEYOICD WHAT IT NOW POSSESS. POLICY AND PROGRA},~ EVALUATION THAT THE LEGISLATURE STRENGTHEN ITS OVERSIGHT AND MONITORING RESPONSIBILITIES WITH RESPECT TO THE METROPOLITAN AGENCIES AND THEIR POLICIES AND PROGRAMS BY REQUIRING A MORE SYSTEMATIC AND FORMAL ACCOUNTING OF AGENCY ACTIVITIES TO THE LEGISLATURE. TO ACCOHPLISH THIS THE LEGISLATURE SHOULD 1) THE AGENCIES WOULD BE REQUIRED AT THE BEGINNING OF EACH LEGISLATIVE BIENNIUM TO IDENTIFY ALL NEW, OR MAJOR REVISIONS TO EXISTING POLICY PLANS THAT HAVE BEEN ADOPTED, THE REASONS FOR ADOPTION AND WHAT BENEFITS WILL BE DERIVED FOR THE REGION FROM SUCH PLANS AND THE ESTIMATED COSTS TO IMPLE~{E¥ SUCtt PLANS. 2) 3) 4) AT PERIODIC INTERVALS, THE AGENCIES WOULD HAVE TO REPORT TO AND JUSTIFY TO THE LEGISLATURE THE CONTINUING NEED FOR ALL SUCH POLICY PLANS. UPON PETITION OF A CERTAIN PERCENTAGE OF THE GOVERNING BODIES OF THE LOCAL UNITS OF GOVERNMENT, THE AGENCIES WOULD HAVE TO JUSTIFY THE CONTINUANCE OF ANY POLICY PLAN TO THE LEGISLATURE EXCEPT THOSE POLICY PLANS THAT WERE SPECIFICALLY MANDATED BY THE LEGISLATURE. EACH PROGRAM MUST INCLUDE AN ANNUALI QUANTIFIABLE EVALUATION PROCESS MEASURING GOAL INDICATORS AND COST PER EACH QUANTI- FIABLE UNIT OF MEASURE. LEGISLATURE FOCUS THAT THE LEGISLATURE ESTABLISH A POINT OF FOCUS WITHIN THE' LEGISLATURE TO ACCO~.~LISH P-1 A AND B. TttIS COULD BE ACCOMPLISHEB BY CREATING EITHER A PERMANENT JOINT COMMISSION ON METROPOLITAN AFFAIRS OR PERMANENT SUBCOmmITTEES OR DIVISIONS OF THE APPROPRIATE COMMITTEES OF THE HOUSE AND SENATE. ALL LEGISLATION PERTAINING TO THE },~TROPOLITAN AGENCIES MUST GO TO THIS COMMISSION OR SUBCOMMITTEES IN ADDITION TO THE ACTIVITIES OF P-1 A AND B. P-2 PUBLIC ACCOUNTABILITY While the Association believes there needs to.be more accountability to the residents of the Metropolitan Area in addition to more l~gislative accountability, direct election of Metropolitan Council members might result in the Council in effect, becomming a Metropolitan level general purpose operating unit of government. Therefore, the Association recommends that Metropolitan Councilmembers continue to be appointed by the Governor but that the appoiptment process be modified to allow more public and local official input. THE APPOINTMENT PROCESS FOR METROPOLITAN COUNCILMEMBERS SHOULD BE MODIFIED TO INCLUDE A SPECIFIED FILING PERIOD, GOVERNOR COULD ONLY APPOINT PERSONS WHO HAD FILED, A PUBLIC HEARING IN THE DISTRICT WHERE RESIDENTS COULD MAKE- THEIR PREFERENCE KNOWN AND HAVE THE OPPORTUNITY TO QUESTION CANDIDATES, A~ THE DATE CERTAIN WHEN THE APPOINTMENT IS TO BE MADE. APPOINTEES WOULD BE SELECTED FROM A LIST CONTAINING NOT LESS THAN TWO OR MORE THAN FIVE NOMINEES PREPARED AND SENT TO THE GOVERNOR WITH APPROVAL OF A MAJORITY OF THE LEGISLATORS WITHIN A COUNCIL DISTRICT. THIS NOMINATION PROCESS WOULD NOT APPLY TO THE CHAIRPERSONS. METROPOLITA' COUNCIL WOULD BE REQUIRED TO FOLLOW THE SAME PROCESS IN APPOINTING MEMBERS TO THE MTC, MWCC AND MPOSC. .ELECTED OFFICIALS OF LOCAL UNITS OF GOVERN~ENT SHOULD BE ELIGIBLE TO SERVE AS METROPOLITAN COUNCILMEMBERS. NOTE TO BOARD MEMBERS: This is a new policy. POLICY IV-Q. SOLID WASTE NANAGE~iENT IN THE M ~ROPOLITAN AREA The Waste Nanagement Act of 1980 and amended by the Legis. lature in 1981, 1982 and 1983 clarified and redefined the roles and responsibilities of various levels of government with respect to managing the solid waste stream within the 7-county metropolitan area. The solid waste system in place in the 7-county area as a result of those legis- lative actions is basically a three-tiered system whereby cities control and regulate collection; counties are responsible for 'siting' new landfills, developing abatement plans and regulating existing landfills; and- the metropolitan council has regional, planning and coordinating responsibilities. The system was intended to foster and encourage, abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound landfill disposal for the remaining solid waste. Naximum Cooperation and coordination among and between the various levels and units'of government and the private sector is needed if the system is to work as intended. While the "new" system has not been entirely implemented'as yet, it appears to be working but there is a growning concern that not enough attention and emphasis is being given to abatement, recycling and resource recovery'type activities. If this is true, then pressure and interest may develop at the Legislature to make significant change to the structural relationship and responsibilities. For example, one bill has already been introduced in the Legislature which would transfer most o~ the metropolitan counties' responsibilities to the Metropolitan Waste Control Commission. With respect to solid waste management in the 7-county area, the ANN' believes: Q-1. EFFECTIVE PLANNING ALL LEVELS OF GOVERNMENT, INCLUDING CITIES, AND PRIVATE INDUSTRY SHOULD BE ENCOURAGED AND ALLOWED TO PARTICIPATE IN'THE ENTIRE SOLID WASTE MANAGEMENT PLAI'~NING AND I},~LEMENTATION PROCESS TO ASSURE A COST EFFICIENT AND ENVIRONMENTALLY SOLID DISPOSAL SYSTEN. Q-2 REUSE/RECOVERY/ABATE}~NT THOSE UNITS/LEVELS OF GOVERNMENT, WttICH UNDER LAW, HAVE THE MAJOR RESPONSIBILITY FOR PLANNING FOR ABATEHENT, RECYCLING, AND RESOURCE RECOVERY SHOULD MAKE THAT ACTIVITY A VERY HIGH PRIORITY. THE AMM STRONGLY ENCOURAGES ABATEMENT,. RECYCLING AI~ RESOURCE RECOVERY STRATEGIES AND PROGRAMS AIfD BELIEVES THAT LANDFILLING SHOULD ONLY BE USED AS A LAST RESORT AND TttEN ONLY FOR THOSE MATERIALS WHICH CAN NOT BE REUSED OR DISPOSED OF IN PREFERED ~ANNER AS LISTED ABOVE. THE AMM HAS NOT ATTEMPTED TO PRIORITIZE AMONG THE DIFFERENT STRATEGIES SUCH AS ABATE~ENT, RECYCLING A~ RESOURCE 'RECOVERY BUT RECOGNIZES THAT CAREFUL AND COORDINATED PLANNING IS NECESSARY AT ALL LEVELS TO ACtlIEVE THE MOST COST EFFECTIVE SYSTEM. 0.-3 Q-4 Q-5 Q-6 COMPENSATION FUND A SEGREGATED STATE OR 7-cOUNTY METROPOLITAN AREA SOLID WASTE COMPENSATION FUND SHOULD BE ESTABLISHED. THE FUI~ SHOULD BE.FINANCED BY A TAX ON ALL SOLID WASTE DESTINED FOR LANDFILL DISPOSAL. THIS FUND COULD BE USED TO PAY FOR COSTS ASSOCIATED WITtt Q-4, Q-5, Q-6, AND Q-7. CO~ENSATION A~ INCENTIVES FOR HOST COMMUNITIES THE "HOST" COMMUNITIES FOR SOLID WASTE DISPOSAL FACILITIES SHOULD BE COMPENSATED FOR ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE UNDESIREABLE~I}.~ACTS SUCH A FACILITY WILL HAVE ON THE COM~.~NITY. DIRECT COSTS INCLUDE SUCH THINGS AS FIRE PROTECTION, WATER'AND SEWER SERVICES, BUFFER ZONE DESIGN AND AMENITIES, LETTER CLEAN-UP, ETC. INDIRECT COSTS INCLUDE SUCH ITEm, S AS ROAD MAINTENANCE, ~ONITORING COSTS, END USE PLANNING, CITY ADMINISTRATIVE COSTS ASSOCIATED WITtI THE FACILITY, ETC. ADDITIONALLY, THE FACILITY, IF PRIVATELY OWNED, SItOULD BE TAXED AT AN - INDUSTRIAL PROPERTY TAX CLASSIFICATION RATE AND IF PUBLICLY O%~ED, THE FACILITY OWNER OR OPERATOR SHOULD BE RE0.UIRED TO MAKE A PAYHENT IN'LIEU OF TAXES (PILOT) AT THE SAME RATE. THE MECHANISM AND THE AMOUNT OF FUNDS TO BE PAID TO THE COMMUNITY AS COMPENSATION AND INCENTIVES WILL BE DETERMINED BY NEGOTIATION BETWEEN TP' WASTE FACILITY OPERATOR/OWNER AND THE LOCAL UNITS. AN ARBITraTION TYPE PROCESS SHOULD BE ESTABLISHED WHERE A MUTUAL AGREEMENT CANNOT BE ACHIEVED THROUGH THE NEGOTIATION PROCESS. ENVIRONMENTAL~ PERSONAL, AI~ PROPERTY DAMAGES FUNDING SHOULD BE AVAILABLE TO PROVIDE IMMEDIATE RELIEF TO PERSONS OR LOCAL UNITS OF GOVERNMENT INJURED OR DAMAGED BY ADVERSE ENVIRONMENTAL INCIDENTS CAUSED BY SOLID WASTE DISPOSAL FACILITIES. (I.E. REAL OR PERSONAL PROPERTY DAMAGE, ALTERNATIVE WATER SUPPLIES, CLEAN-UP COSTS, PERSONAL INJURIES, LONG TERM LIABILITY, POST CLOSURE COSTS, ETC. COUNTY RESPONSIBILITIES - SOLID WASTE COUNTIES WITHIN THE METROPOLITAN AREA SHOULD ACCEPT AND IMPLEMENT TItEIR RESPONSIBILITIES WITH RESPECT TO SOLID WASTE MANAGEMENT. PARTICULARILY IN SITING NEW LANDFILLS AND ORGANIZING EFFECTIVE ABATEHENT PLANS. TRANSFERRING THEIR RESPONSIBILITIES TO ANOTHER AGENCY SUCH AS THE MWCC WOULD NOT IMPROVE THE SITUATION AND IN FACT MIGHT CREATE FURTHER DELAYS IN EFFECTIVE IMPLES{ENTATION. THE COUNTIES SOLID WASTE RESPONSIBILITIES SHOULD NOT BE TRANSFERRED TO THE HWCC OR ANY OTHER AGENCY AT THIS POINT IN TI~E. ~3 Q-7 CITY RESPONSIBILITIES - SOLID WASTE CITIES SHOULD ALSO ACCEPT THEIR SHARE OF RESPONSIBILITY FOR I}~LEMENTING EFFECTIVE ABATEMENT AND RESOURCE RECOVERY PROGRAMS WItICH ARE SUPPORTIVE OF AND IN CONCERT WITH COUNTY PLANS AND PROGRAMS TO REDUCE THE AMOUNT OF SOLID WASTE WHICH MUST BE LANDFILLED. A PROGRAM OF INCENTIVES SHOULD BE ESTABLISHED TO INSURETHAT ADDITIONAL COSTS BURDENS FOR THESE PROGRAMs ARE NOT IS~OSED ON THE ALREADY HARD PRESSED CITY BUDGETS. THE INCENTIVES SHOULD BE DESIGNED TO ENCOURAGE AND REWARD LOCAL UNITS OF GOVERN~{ENT AND RESIDENTS WHICH REDUCE THE VOLUME OF. SOLID WASTE DESTINED FOR LANDFILLING.i Q-8 TIPPING (DROP) CHARGE REGULATION IF A MONOPLISTIC CONDITION OCCURS IN~'SOLID WASTE DISPOSAL BECAUSE OF DISTRICTING, GOVERNMENT CONTROL,CENTRALIZED PRIVATE OWNERSHIP, ETC., A ~iECHANIS~! OR PROCESS SHOULD BE DEVELOPED TO REGULATE THE TIPPING Ct~RGES (DROP) AIfD COLLECTION RATES. NOTE TO BOARD MEMBERS: This is a re$ised policy for Solid'Waste Management which was formerly.combined .with Hazardous Waste Management in AMM Policy IV-I. This revised policy is very consistent with the previous policy from a conceptional' standpoint but does place more emphasis on resource recovery type activities, abatement, etc. and contains more specificity with respect to a compensation fund and the prescribed uses of such fund. POLICY IV-R AGGREGATE RESOURCES A.bill was introduced in the 1983 Legislative Session (SF 881) which would require certain local units ofgovernment to incorporate as part of their general land use plans, an aggregate resource policy designed to encourage the conservation of identified aggregate resources. Additionally, the Metropolitan Council has been studying and researching this matter for the past several years and, in fact, has published a report of its findings and conclusions. The findings and conclusions section of the Metropolitan Council Report does not contain legislative recommendations nor does.it reveal any real immediate need for legislative action such as suggested by SF 881). While the AMM recognizes that at some point, in time, more planning w~h respect to protection of aggregate resources might be necessary, any immediate addition~mandated effort at the local le;ei is not justified based on available information. Therefore, THE AMM OPPOSES ANY ADDITONAL MANDATED PLANNING REQUIREMENTS AT THE LOCAL LEVEL BUT WOULD BE WILLING TO PARTICIPATE AND COOPERATE WITH THE PRIVATE SECTOR AND THE STATE AND METROPOLITAN COUNCIL IN DETERMINING WHAT FUTURE ACTIONS, IF ANY, MAY BE NECESSARY TO ASSURE AN ADEQUATE SUPPLY OF AGGREGATE RESOURCES TO MEET THE DEVELOPMENT AND ECONOMIC NEEDS OF THE METROPOLITAN AREA. NOTE TO BOARD MEMBERS: This is a new policy. POLICY IV-S LOCAL - REGIONAL CONFLICT RESOLUTION MECHANISM One of the issues addressed b~ the Legislative Commission on Metropolitan Governance in its final report issued in March of 1983 relates to the need for a mechanism whereb~ intergovernmental disputes in the metropolitan .area can be resolved. ~ Three governmental alternatives for dispute 'resolution were considered b~ the Commission: (1) judical review; (2) administrative procedure; and (3) legislative review. Persuaded that court proceedings are not the best means of settling most intergovernmental disputes, the Commission focused most of its attention upon the other tw9 alternatives. With regard to administrative proceedings, either of the rule-making or contested case variety, the Commission concluded that the~ are no better suited to the needs of governmental adversaries than courtroom proceedings. Reasoning that Administrative Procedures Act (APA) proceedings are not generally appropriate to the t~pes of funtions performed by metropolitan agencies, the Commission concluded that the Legislature should apply the APA process only on a case- b~-case basis after careful consideration. The Commission ~oncluded that the third forum, the Legislature, is the one that should be relied upon and that the Legislature should consider means of improving, legitimatizing and regularizing access to the legislative fdrum for disputes which cannot properl~ be resolved at the metropolitan level° To this end, the Commission indicated its support of program evaluation as a method of exposing and resolving the polic~ issues which give rise to many such disputes. THE AMM RECOGNIZE THAT THE LEGISLATURE SHOULD NOT INTERVENE IN MOST METROPOLITAN - LOCAL DISPUTES, IT DOES RECOMMEND THAT IN" CONTESTED CASES", I.E. CASES INVOLVING THE INTERPRETATION AND APPLICATION OF METROPOLITAN POLICIES IN SPECIFIC SITUATIONS, THE LEGISLATURE SHOULD ESTABLISH A PROCEDURE FOR ADMINISTRATIVE REVIEW OR RECONSIDERATION OF FINAL DISPUTES BETWEEN A METROPOLITAN AGENCY AND A LOCAL JURISDICTION. NOTE TO BOARD MEMBERS: This is a new polic~. V TRANSPORTATION V-C RIDESHARE PROGRAM (Replacement Policy) 'Until June of 1983, .MNDOT was the coordinating agency for the Rideshare program with a budget of less than $100,000 annually. The AMM successfu__y lobbyed for continuation of this program because it is one of the lowest cost options for improving highway usage. The 1983 legislature did continue the program and changed the control agency from MNDOT to the MTC. THE AMM URGES THE LEGISLATURE TO CONTINUE .SUPPORT AND FUNDING OF THE RIDESHARE PROGRAM IN THE METROPOLITAN AREA. V-F '3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED OFFICIALS (Policy Modification) The transportation planning process in the twin city metropolitan area has been developed in response to a variety of federal and state laws and regulations. The Metropolitan Council (MC) was formally designated by the Legislature in 1974 (1974 MRA) as the agency responsible for the administration and coordination of said planning process. Included within this designation is the responsibility for long range comprehensive transportation planning required by Section 134 of the Federal Highway-Act of 1962, Section 4 or Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973, and such other federal transport- ation laws as may be enacted subsequently. The planning required under the federal laws is commonly referred to as the "3C" process (continuous, comprehensive, and cooperative), and the MC is the metropolitan planning organization (MPO) under federal terminology. 27 ~ral law and regulations require that the MPO function as "the forum for cooperative decision making by principal elected officials of general purpose local government" and receipt of federal financial aid for the planning, construction and operation of transportation improvements in urbanized areas is contingent upon the existence of a planning Drocess which is satisfactory to federal authorities. When the Legislature designated the MC as the transporation planning agency for the metropolitan area, it also mandated the establishment of an "advisory body" to assist the }~C and Metropolitan Transit Commission (MTC) in carrying out their responsibilities. While specific duties were not assigned, the Legislature did specify that the advisory body would consist of citizen representatives, commissions, municipal, county, and appropriate state agency representatives. This advisory body is now called the Transporation Advisor~ Board (TAB) and contains 17 local elected officials among its membership of about 30 officials. The MC'has consistently viewed the role of TAB as an advisory body based on the 1974 MRA. Hence, local elected officials in this area do not play as vital a role in the federally mandated "3C" transportation planning process as is intended by federal law and regulation. Conseq- uently, the continuation of federal financial funding:for transportation purposes and projects in this area could be jeopardized if the local "3C" process is ever found to be in conflict with the federal requirements. 'LEGISLATURE SHOULD EXAMINE THE PROCESS AND STRUCTURE FOR IMPLEMENTING THE FEDERALLY MANDATED "3C".TRANSPORTATION PLANNING PROCESS IN THE TWIN CITY METROPOLITAN AREA. IN PARTICULAR, THE ROLES OF TAB AND THE ELECTED OFFICIALS ON TAB, AS DEFINED AI~ ASSIGNED BY THE MC, SHOULD BE ANALYZED WITH RESPECT TO THE FEDERAL REQUIREMENTS FOR LOCAL ELECTED OFFICIALS PARTICIPATION IN THE "3C" PROCESS. MINNESOTA STATUTES, CHAPTER 473A, SHOUI/) BE AMENDED'TO BR~NG-~E-~W~N-~¥-AREA-~RAN~PQR~A~QN-D~ANN~- PRQ~E~$-AND-~RUG~URE-~N~Q-~QMPA~ANG~-W~-~HE-FEDERAA-RE~U~RENiEN~-B¥ DES~NA~N~ DESIGNATE THE 17 ELECTED OFFICIALS ON TAB AS THE FINAL APPROVAL AUTHORITY FOR "3C" PROCESS FEDERAL FUNDS WITH THE AMM AND COUNTIES AS THE APPOINTING AGENCIES RATHER THAN RECOMMENDING AGENCIES FOR THESE ELECTED OFFICIALS. V-H TAXI CAB REGULATIONS The Taxi Cab industry is currently licensed and regulated on a city by city basis with each city providing its own set of fees and regulations Recently the Citizens League released a study entitled "TAXIS: Solutions in the City;. A New Future in the Suburbs." This study recommends much deregulation and transfers license authority to the Minnesota Department of Public Safety. One of the major thrust~ behind the Citizens League proposal is to free up the taxi industry into a'more competitive private business and attempt through this procedure to create a climate whereby cabs and cities could provide increased, opportunity for rideshare programs and other vitally needed transportation opportunities, especially in the suburbs. In addition, a bill has been introduced in the legislature transferring regulatory and licensing authority from cities to the MTC. However, neither the Citizens League document nor the bill addresses ~he complex problems associated with providing reasonable services to! outlying areas or less desireable districts of some communities. Even if a degree of deregulation 'is advisable, some regulation will always be needed making it necessary to determine who and how to enforce such regulations. THE AMM SUPPORTS LEGISLATION WHICH WOULD ASSURE UNIFORM REGULATION OF TAXICAB CARRIER~ OPERATING IN THE TWIN CITY METROPOLITAN AREA. ESPECIALLY: H-1 CONTROLLING AGENCY VEHICLE LICENSING, RULE MAKING, AND REGULATIONS SHOULD BE VESTED WITH A SINGLE ENTITY, EITHER THE MINNESOTA DEPARTMEN~ OF PUBLIC SAFETY, DEPARTMENT OF TRANSPORTATION, OR TRANSPORTATION REGULATION BOARD: H-2 UNIFORM RULES UNIFORM WORKABLE RULES AND REGULATIONS O~ OPERATIONS SHOULD BE ESTABLISHED INCLUDING: a. LICENSING A~ BACKGROUND INVESTIGATION OF ALL DRIVERS; b. REGULAR INSPECTION OF VEHICLES AND METERS; c. PROVISION FOR NECESSARY INCURA~CE COVERAGE; d. MANNER FOR ADDRESSING OF COMPLAINTS; e. INSURES RECORD-KEEPING BY CAB OPERATORS AND ACCESS TO THOSE RECORDS BY THE REGULATORY AUTHORITY; A MECHANISM FOR COLLECTION OF LICENSE FEES AND FINANCING FOR THESE REGULATORY FUNCTIONS, H-3 UNIFORM RATES UNIFORM, REASONABLE, AND NON-DISCRIMINATORY RATES AND FARES StlOULD BE ESTABLISHED ]¥ITI! CHANGES ~.~ADE ONLY AFTER APPROPRIATE NOTICE AI~D PUBLIC tIEARING: 2~ H-4 STUDY ACTIVITY RESTRICTIONS RESTRICTIONS CONCERNING SUCH ISSUES AS NUMBER OF CABS AND GROUP LOADING SHOULD BE STUDIED AND POSSIBLY ELIMINATED: H-5 MUNICIPAL AUTHORITY t~N~PAA~E~-~MQUAD-RE~A~N-~ME-AU~QR~¥-~Q-A~EN~E-DR~¥ER~-AND-~Q ~NVEE~GA~E-AND-REMQYE-DR~¥ER$-AND; MUNICIPALITIES MAY BE AUTHORIZED~ BY PETITION TO THE TRANSPORTATION REGULATION BOARD~ TO INVESTIGATE AND RE}.~OVE DRIVERS LICENSE PERMITS FOR CAUSE WITH FINAL APPEAL TO RESIDE WITH THE REGULATORY BOARD. H-6 SERVICE PROTECTION REGULATIONS SHOULD BE ESTABLISHED AND ENFORCED TO ASSURE THAT REASONABLE SERVICE IS PROVIDED ~Q-ALL PERSONS IN AESE-DE~REABAE-D~$~R~-AND ALL AREAS OF THE METROPOLfTAN CENTERS AND OUTLYING SUBURBAN AREAS. V-I CITY SPEED LIMITS (New Policy) Bills have been introduced in past legislative sessions which would grant cities the authority to set speed limits on city roads and streets. The LMC has policy which supports that authority for cities outside of the seven county Metropolitan Area. Whereas this policy of local authority for free standing rural or out state cities may be feasible, it could be extremely dangerous and confusing in the Metropolitan Area. The seven county Metropolitan Area is made up of 140 contiguous cities and a number of townships. Because of the compactness of cities in this area, it is often impossible to determine when one has crossed a boundry from one city to the next. If one city changed its limits, its neighbor would either have to also change or post many additional signs on each street crossing a boundry. This system would be costly, extremely confusing to individuals, and might cause some legal problems in case of accidents. Therefore, E .iMM SUPPORTS SPEED LIMIT CONTROL.OF CITY ROADS Ah~ STREETS AS RRENTLY PROVIDED BY LAW FOR THE METROPOLITAN AREA AND WOULD OPPOSE CHANGES TO GRANT GENERAL SPEED LIb..lIT CONTROL TO INDIVIDUAL CITIES WITHIN THE SEVEN COUNTY ~TROPOLITAN AREA. A. THOMAS WURST, CURTIS A. PEARSON, JOSEPH E. HAMILTON, JAMES D. I-ARSON, THOMAS F. UNDERWOOD, ~A. F~OG£~ J. FELLOWS LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD IIOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA ESS.'e,.O Jar,~ry 11, 1984 Mr. Earl Tighe Assistant County Attorney 2000 Hennepin County Government Center Minneapolis, MN 55487 Re: Wagman v. City of Mound and County o~ Hennepin Dear Earl:- You will recall that on November 17, 1983, depositions were taken by you of Mr. and Mrs. Wagman. I was notified at the last moment that the depositions were being taken and did comm down and participate. During the taking of the depositions, we indicated to the Wagmans that we wanted copies of the history and the final costs of rip rapping their shoreline. We also indicated that we wanted copies of any written ccrmunications involving the City of Mound or any other goverrmental agencies prior to the time the tree 'fell ~. You will recall that the Wagmansmadenummrous statements that their complaint~had been registered with govermmmntalbodies and that theyhad asked for assistance long before the tree fell down and they.incurred damages to their homa. Mr. Reutiman and his clients have finally responded to my request. I note that they have not copied you on that letter, and in an effort to keep you informed, I am sending you copies of his correspondence and the attachments. I might al'so point out that in all the materials which have been transmitted by the plaintiffs, no notice of written materials were presented to the City of Mound. It appears that their connunications have been with Hennepin County and the Lake Minnetonka Conservation District. It also appears the final figure for rip rapping the shore was $3500. Earl, it looks toms as if they are going to end up making their major claim, if they have such a claim, against Hennepin County. If you have any desire to review this further, please advise. I have submitted the City's statement of the case and expect there is little for us to do now but to wait for the trial. Very truly yours., . City Attorney City of Mound CAP:ih Enclosures cc: Mr. JonElam January 17, 158~ CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER We had quite a hilarious scare this past week when a local college student Called up to request information regarding "massage parlors" The fear was that someone was thinking of opening a parlor in Mound. We quickly checked over the Ordinance book and found nothing that either allowed it or prohibited it. The result of that was the need to draft up something for the record that could deal with "saunas, massage parlors, etc.". That draft is from Brooklyn Park and is attached. Please review it and I'l'l forward your comments to Curt for a final ordinance draft. The college student was in inquiring about our ordinance because she had been assigned to do so by her professor. She was highly amused that we all thought she wanted to open a massage parlor. Which shows how easy it is to.create a big deal out of such small facts. JE:fc Section 485 - Sauna Section 485:00. Definitions. Fop the purposes of Section 485:00 35 seq.leertain words and terms are defined as set forth in the sub- divisions which follows: Subd. 1. Sauna means and includes any commercial establish- ment in which is located a steam or heat bathing room used for the. purpose of bathing, relaxation om reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent. Subd. -2. Massage means the rubbing, stroking, kneading, tap- ping, or rolling of the body with the hands, for the exclusive purposes of relaxation, physical fitness, or beautification, and for no other purposes. Subd. 3. Masseur means a male person who practices massage. Subd. 4. Masseuse means a female person who practices mapsage. Subd. 5. Massage Distinguished. The practice of massage is hereby declared to be distinct from the practice of medicine surgery, osteopathy, chiropractic, physical therapy, or podi- atry, and persons duly licensed or registered in this state to practice medicine, surgery, osteopathy, chibopractic, physical therapy, or podiatry, nurses who work solely under the direc- tion of any such persons, athletic directors, and trainers are hereby expressly excluded from the provisions of. this ordinance, beauty culturiSts and barbers who do not give, or hold them- ~selves out to give', massage treatments, as defined herein, other than is customarily given in such-shops or places of business, for the purpose of beautification only, shall be exempt from the provisions of this Ordinance. * Section 485:05. License Require~. Subd. 1. No person shall engage in the business of operating a sauna either exclusively or in connection with any other business enterprise which offers massage as part of its ser- vice without being licensed as provided in this section. Subd. 2. Application for a license shall be made in writing, filed with the City Clerk on the form prescribed by him and verified by the applicant or if the applicant be a corpora- tion by one of its officers having knowledge of the facts. At the %ime of filing an application the applicant shall pay the license fee set forth in Section 500:10, Subd. 41 together with an investigation fee of $500.00. Subd. 3. License fees shall be in the amount set by the Council from time to time. A separate license shall be ob- tained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. The license, unless revoked, cancelled or sus- pended, is for the calendar year or part there6f for which it has been issued. The license is not transferable and ~hculd ownership change during the license year, the new owner must immediately apply for a new license and pay the license fee and a new investigation fee as set forth in Subd. 2. Subd. 4. If the applicant is a partnership or corporation, the applicant shall designate a person as the manager and responsible and in charge of the business. Such person shall remain responsible for the proper conduct of the business until another suitable person has been designated in writing by the applicant and approved by the City Manager. Section 485:10. Granting or Denial of Licenses. License applications shall be reviewed by the Police Department, Planning Department, Health Department and such other departmens as the City Manager shall deem necessary. The investigation reports shall be submitted to the City Council who shall grant or deny the license applications subject to the provisions of this section. Renewal licenses shall be approved by the City Council. Section 485:15. Revocation or Suspension of License. The City Manager is hereby empowered to revoke or suspend any sauna license issued pur- suant to this section. The licensee may appeal to the City Council from .the Manager's decision. The following shall be grounds for revocation or suspension of the sauna license: 1. Violation by the licensee or any of his employees of any of the provisions of this section. 2. Any acts or conduct occurring on the premises by any employee which would constitute a violation of Section 970:00 or 970:05 of this City Code. 3. The sale or consumption, on the premises, by employees or customers of alcoholic beverages or narcotic drugs. 4 Any conduct or =ctzvz~y contrary to the public safety, morals or welfare. Should any license be revoked pursuant to this subdivision, licensee shall not be entit!cd to make application for a new license for a period of five years commencing with the date of revocation by the City Manager. Section 485:20. Restrictions and Regulations Subd. 1. Licenses may be granted only for lands in the B-3 Genera] Business District as set forth in the zoning Subd. 2. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of this ordinance. Subd. 3. It shall be grounds for denial of a license appli- cation that the applicant Or persons in his employ are not complying with or have a history of nonco~o!iance with any state or municipal regulations relating to health, safezy or morals. Subd. 4 Subd. 4. A license shall not be granted to a person of bad repute or to a partnership or to a corporation who has in its employ or is owned by any persons of bad repute. Subd. 5. Saunas will not be opened fop business nor shall Patrons be ~rmitted on the premises between the hours of 12:01 a.m. and 8:00 o'clock a.m. of the same day. -Subd. 6. No employee of the sauna shall agree to perform om perform any of the activities ordinarily incident to the en~terprise at any place other than the licensed premises. Subd. 7. No persons under the age of 18 years shall be employed in a sauna requiring a license under the provisions of this ordinance. Subd.. 8. Upon demand by any police officer, any person engaged in providing services in any licensed premises shall identify himself, giving '-:~ ~ true legal name and-h-L~ correct address· -~ -~ Subd. 9. No sauna shall employ or use any person as a ~nasseur or a masseuse as defined in this ordinance or in Minnesota Stat. #148.33 unless such person is registered with the State Board of Medical Examiners as provided by Minnesota Stat. #148.33 through 148.511. Such statutory sections.are hereby incorporated by reference as a part of this ordinance. Subd. 10. Before any person .engages in providing services as a masseur or masseuse mn any licensed establishment, he or ~he shall register a copy of his or her state certificate issued by the State Board of Hedica! Examiners under" n.S.A. 1~8. ~ ~ wilh the Po. lice Department, and such registration shall include a recent accurate photograph of the registrant~ either the Police De ..... -. .~r'~-:ent, or furnished by 'the reg~~''''~-._o~n-"~. Subd. 11. Any person acting as a masseur or a masseuse in any such business shall have his registration certificate opa-~rue copy thereof displayed in a prominent place on the licensed premises. Section 485:25. Construction and Maintenance Requirements. Subd. 1. Ail sauna rooms and all restrooms and bathrocms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor to wall and ~a!l to wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch· Subd. 2. All restrooms used in connection with saunas shall be provided with mechanical ventilation of two CFH per square foot of floor area A minimum of 30 foot candles of il!uminat'~ a hand washing sink~ equipped with hot and cold runnins watep under pressure, sanitary towels and a soap dispenser. Subd. 3. Each sauna establishment shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such el0sets Shall have mechanical ventilation with 2 CFI~ per square foot of floor area and a minim~ of 30 foot candles of ~llumlnation. Such closet shall include a mop sink. SUbd. 4. Walls, floors and equipment in sauna rooms and in restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and clean at all ti~_z. Linens and otheP ~naterials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made .available for each customer. ---- Subd. 5. Individual lockers shall be made available for use by patrons. Such lockers shall bare separate keys for locking. Subd. 6. Such establishments s]lall provide adequate refuse receptacles which aha].], be emptied as required. Subd. 7. In addition'to the requirements contained in this section the licensed premise shall conform in all ways to -all of the applicable rules, regulations and codes of the City. Section 485:30. Penalty. The violation of any provision of this section is hereby declared to be a penal offense. 'ion C~,~_ S~c~_ January 17, 1984 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: UPDATE ON CITY ECONOMIC DEVELOPMENT ACTIVITIES Unfortunately, neith Balboa Construction Co., Inc. (regarding Tonka's Plant) nor Saul Smiley (regarding Town Square) have submitted any further information than we had before us at the Saturday work session. This is disappointing because rumors, particularly about Tonka, have been hot and heavy. We have had some new interest this past week in our Loan Programs. The restaurant idea Jon Scherven had been working on now looks like it is out so he is going to remodel the back of his building and put in two additional retail spots. With an approved budget of $60,000, he could use up to $25,000 of the HUD Jobs Bill money. Moy's restaurant has decided to completely redo their kitchen. This badly needed (according to the Health Dept.) project could cost $40,000, plus $20,000 in new kitchen equipment. It also will allow them to increase food production. This could be a $20,000 project wich still leaves about $48,000 of 2% money for future projects. On the downside, this past week the Hole-In-One Donut Shop announced it will be closing February 1st. They want to use the full space for video movie rental, etc. Later in February, R & L Sampler is going to liquidate. Thus agains a loss of business. The opening of the R & L spot has set off a small shifting of space with Rustique moving to where R & L was and Dick Schwert moving his insurance business over to the building where Rustique was. In the end, the empty space becomes next door to the Harvest Pantry Co-op. All this isn't particularly good news and it does show a continuing shift in the downtown economic base. As I said this the other day, one of the businessment pointed out to me that the businesses we have provided assistance to have all done well, are stronger because of the work they've done and demonstrates that strength does exist. Perhaps the weak will be eliminated and the result will be a much stronger total CBD. Anyway, I thought you would all welcome this update. questions, please let me know. If you have any JE:fc BALBOA CO:~STRUCTIOI~ CO., INC. Properties Located At MOUND AND SPRING PAR}i, ~,~INNESOTA BUS Ih~ESS PLAN The proposed development plan for the Mound facility is to convert the existing first floor manufacturing space into recreational vehicle and boat storage. The expenses of'this conversion will be paid by BalbQa and will not be part of the loan proceeds. At the same'time, Balboa will convert the second floor of the Mound facility into self- service storage units through modular partitions. As soon as the recreational vehicle and boat storage and self-service storage development is proceeding, Balboa anticipates that it will refurbish the existing office space at the Mound facility into a configuration and'~style so as ~o allow rental of such office units. Thereafter, the }:ound facility will be developed into combination office and manufacturing space to be rented as incubator manufacturing facilities. To the Extent that this development requires use of previously rented recrea- tional vehicle and boat storage or mini warehouse space, such space will be shut do%~ and the users will be trans- ferred to the Spring Park facility. The attached pro forma projection reflects the fore- going development phases'and, in addition, takes into account the lease of the Spring Park facility by Tonka Corporation during the first year after purchase and the continued lease of the office complex at Spring Park by Tonka Corporation for a ten-year period. In addition, certain non-operating properties will be sold and will generate cash flow as more specifically de- scribed on the following page. BALBOA CONSTRUCTIO1; CO., INC. Properties Located At MOUND AND SPRING PARK, ~NESOTA As oart of the acquisition, Balboa has acquired certain properties which will not be used in operations. It is expected that these properties will be sold on the open market in an orderly manner so as to maximize sales proceeds. It is anti- cipated that upon the sale of all of the non-operating properties, an additional $700,000 will be realized and these funds will be used to reduce the outstanding balance of the loan. The Lakefront property, which is part of the Spring Park properties, consists of an 85,000-square-foot parcel. Based upon expressions of interest received by Tonka, it is expected that an inmiediate sale of this parcel could be made for approximately $325,000. The two adjacent ~arcels across the street from the Mound facility aggregate %10,265 souare feet. Balboa has received an offer of $150,000 for these properties. Therefore, the market value is at least $150,000. There are six parcels of residential lots between the Mound facilitY and the lake, aggregating approximately 60,000 square feet. Balboa expects to sell these lots for an aggregate sales price of $50,000. There is a 9.8-acre tract of residential land which fronts on the north side of Shoreline Drive in Orono, Minnesota- Based upon indications of interest, it is expected that Balboa can sell this parcel for approximately $110,000. Finally, there is a 28,000-square-foot parcel of land across the street from th6 Spring Park facility. This parcel is surrounded by several multi-unit residential developments, most of which have expressed an interest in acquiring this parcel for their o~ purposes. Balboa expects to sell this parcel for approximately $65,000. KEY PERSONNEL MICHAEL GOLAND Mr. Goland is President and sole stockholder of Balboa Construction Co., Inc., a company which he founded in 1973. He is an honor graduate of the University of Southern California, holding a Bachelor of Science Degree in Business Administration. He has done graduate work in business and math at the same in- stitution as part of a directed research program in the School of Business, with emphasis on financial analysis, statistics and economics. ~Ir. Goland has publishing credits that include articles on optimal capital structuring. Prior to his involvement with self service storage facilities, Mr. Goland was Vice President and' one of the!principals in Finan- cial Management Group, where he was responsible for all the firm's planning, and development including venture capital and real estate projects. The firm had sixty employees reporting to >~. Goland and operated in four counties in the State of California. Mr. Goland entered the self service storage business in 1973 after an in depth six month study. Me has since conducted a vigorous program of acquisition and development and today, through Balboa Construction and related entities, }ir. Goland is the largest owner operator of self service storage facilities in the State of California. He is a Past President of the Self Service Storage Association and presently serves that group as Treasurer and as a ~ember of the Board of Directors. MAURY };. k~HITE Mr. k~nite is the President of Balboa Property }~nagement Corp. and is in charge of ~.. Goland's property management activities. He is a licensed real estate broker and a Chemical Engineering graduate of Oklahoma University. He has been in charge of ~. Goland's property management function since inception. His department is responsible for cost controls and budgeting, records and reporting, capital improvement recommendations, analysis of vacancy patterns and competitors' activities, maintenance of the facilities, and purchasing. He has established a comprehensive training program for resident managers and has ~itten a detailed operating manual which governs their dail.y activities, k~ile the routine aspects of his depart- ment are handled by two area superx~isors, Mr. ¥~ite personally visits each of the sites on a regular basis to provide assurance that the facilities are being properly maintained, and that his instructions are being followed. Prior to joining Balboa, Mr. ~ite was engaged as a consultant tO the developers of residential and income properties, including a 500 unit addition to the Stardust Hotel in Las Vegas. He has developed leasing programs and managed approximately 100 satellite commercial centers and has served as an advisor on leasing to both Transamerica Title and the Los Angeles Land Title Company. He is a past President of California Professional ~Exchangors, a real estate exchange and counseling organization. He is also a recipient of the Exchangor of the Year Award presented by Inter- national Exchange Counselors and a founder and lifetime member of the Southern California Organized Regional Exchangors. WILLIAM F. RAFF Mr. Raff is Vice President of Balboa Construction Co., Inc. and the general counsel for Mr. Goland's various enterprises. He holds a Bachelors degree in Economics from Stanford University and a Juris Doctorate from Stanford University Law School where he was a member of the Board of Editors of the Law Review. Prior to joining Mr. Goland, ~. Raff was engaged in the private practice of law in Honolulu and Los Angeles ~.~ith an emphasis on corporate and business law. ~Corporate posts include service with the Natural Resources Division of the Union Pacific Railroad Company and as General Counsel for Northern Life Insurance Company and Bankers National Life Insurance Company. He has also served as Chief Assistant to the Receiver for Equity Funding Life Insurance Company, Los Angeles, and as Special Assistant to the Chapter X. Trustee of the THC Financial Corporation, Honolulu. He is a member of the American Bar Association and the State Bars of California and Hawaii. HERBERT MARLIN Mr. Marlin is Vice President of Balboa Property Management Corp. His primary activities are concerned with ac~uisitinns, development of new 0rojects and various areas of financing. He is a licensed Real Estate Broker and has been active in the real estate fields since 1952. Mr. Marlin has been responsible for the evaluation and acquisition of more than $100,000,000 worth of real property in the last twelve years. These activities have included buying and selling properties, development of institutional financing, and total management of the properties during the period of o~mershioo Management responsibilities have included negotiation of lease End rental criteria, rates, evaluation and resolution of daily operating problems, personnel administration, and creation of policy relative to the realization of the highest yields obtainable on the various properties commensurate with good operating and maintenance practices. His experience in commercial properties includes self storage facilities , shopping centers, office buildings, apartment complexes, mobile homes, and recreational parks. DAVID HULTQUIST Mr. Hultquist is Vice President of Development for Balboa Construction Co., Inc. Mr. Hultquist's primary-responsibilities involve site location and construction of new self-service storage facilities including feasibility studies, coordinating building plans, securing necessary governmental approvals and supervision of outside contractors. His responsibilities also include super- vision of major maintenance as required on existing facilities. Mr. Hultquist has been responsible for the supervision of over $75,000,000 of commercial construction, projects over the .past ten years. His responsibilities have included start-to- finish' supervision on two 26-story condominium projects and a twin-13-story condominium project. STEPHEN MALZER Mr. Malzer is Controller oF Balboa Construction Co., Inc. He holds a Bachelor of Arts Degree in Accounting from Los Angeles State University and has been active in accounting and finance for over twenty years. Prior to joining Balboa Construction, Mr. Malzer served as Controller for Lincoln Mortgage Company and as Divisional Controller for Daylin Inc. ~ A.THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. JOSEPH E. HAI~IILTON~ ~ A. JANES D. LARSON, ~A, THoHAs ~ UNDERWOOD, ~A. ROGER J. FELLOWS LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD MINNEAPOLIS, MINNESOTA 55402 January 11, 1984 TELEPHONE ( ~ I~:) 338-4200 YE. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, ~[innesota 55364 Public Works Building Dear Jon: Over the last ten days I have been contacted by Ernie Clark of Miller & Schroeder Municipals, Inc. and yourself concerning the funding of a public works building. Mr. Clark indicated that when he was contacted by yourself and the consulting engineer, there was an indication that the financing for the structure would come under Chapter 444 of the Minnesota Statutes. I indicated that I-had worked with 444.075 for many ·years and I did not understand how financing · could be authorized under that statute. I was told that Maple Grove, Plymouth, and several other cities had utilized this method of financing. I have now checkedwith officials at I~ple Grove and find that their public works building .was constructed after a referendum. There may be some transfers from the Sewer and Water Department to help in debt redemption but the authority for the issuance of the bond was granted by the people. I have checked with Plymouth by talking with the City Manager, City Attorney and their bond counsel. No one there recalls sp~cifi- callywhat happened, but I was assured that the public works garage was not builtwith sewer and water rev~nuebonds. Mz. Kennedy and I used to work together and our positions on that section of the law have been consistent over the years. 444.075 would authorize pump houses, control structures, etc., but the extension into garages or office buildings is very, very difficult to tie to that statute. WURST, PeaRSON, HAMILTON, LARSON & UNDERWOOD Mr. Jon Elam January 11, 1984 Page 2 Jon and Ernie it is my opinion that basically you have two ways to fund a new public works garage: (1) take money from surpluses or funds on hand; (2) call an election and obtain the approval of the residents for the ismmnce of the bond. I will keep the materials which have been submitted to me on file and await further direction from you gentlemen and/or the City Council. Very truly yours, Curtis A. Pearson City Attorney cc: b~r. Ernie Clark