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1977-10-25 CITY OF MOUND Mound, Minnesota A GE N DA Mound City Council October 25, 1977 7:30 P.M. City Hall C.M.77-320 C.M.77-321 C.M.77-322 C.M.77-324 C.M.77-325 C.M.77-323 1. Minutes -p.727-730 2. Certifying Assessments to State Land -p.725-726 3. School Property for Sale -p.724 4. Permits - Pin Ball Machines -p.722-723 5. Public Works Union Agreement -p.712-721 6. Tax Forfeit Land -p.710-711 7. Acting City Manager -p.709 8. Payment of Bills 9. Information Memorandums -p.687-708 10. Committee Reports 731 165 REGULAR HEETING OF TIlE CITY COUNCIL October 11, 1977 Pursuan~ to due call and notice thereof, a regular meeting of the City Council of the City of Hound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on October 11, 1977 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad and Robert Polston. Also present were City Manager Leonard L. Kopp, Assistant City Attorney David Kennedy and City Clerk Mary H. Marske. MINUTES The minutes of September 21, 1977 were presented for consideration. Polston moved and Fenstad seconded a motion to accept the minutes of the meeting of September 21, 1977 as presented. The vote was unanimously in favor. The minutes of the meeting of September 27, 1977 were presented for consid- eration. Fenstad moved and Swanson seconded a motion to accept the minutes of the meeting of September 27, 1977 as presented. The vote was unanimously in favor. The minutes of the meeting of October 4, 1977 were presented for consideration. Swenson moved and Polston seconded a motion to accept the minutes of the meet- ing of October 4, 1977 as presented. The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Variance..-. Lots 1,2 and 3 - Skarp's East Lawn Lovaasen moved and Swenson seconded a motion to table this item until a future time. The vote was unanimously in favor. Front Yard Variance - Lots 10~11 & Part of 15,16 & 17, Block 14, Avalon Swenson moved and Polston seconded a motion RESOLUTION 77-456 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE FRONT YARD VARIANCE AS REQUESTED Front Yard Variance - Lots 12 & 13, Block 3, A.L. Crocker'S 1st Division Polston moved and Fenstad seconded a motion RESOLUTION 77-457 RESOLUTION TO CONCUR WITH THE PLANNIHG COMMISSION RECOMMENDATION TO ALLOW THE FRONT YARD. VARIANCE AS REQUESTED The vote was unanimously in favor. Subdivision of Land - Lots 6-11 & 20-25 Incl.,Block 12, Avalon Swenson moved and Lovaasen seconded a motion to concur with the Planning Commission recommendation with the stipulation of a 30 foot setback from road. Lovaasen moved and Polston seconded a motion to table this item and refer it back to the Planning Commission for further study. The vote was unanimously in favor. Lake Front Variance - Lot 12, Block 7, Devon Swenson moved and Polston seconded a motion RESOLUTION 77-45S RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOHMENDATION TO ALLOW THE LAKE FRONT SETBACK AS REQUESTED. The vote was unanimously in favor. 166 SUbdivision of Land - Lots 1-5 6 19-26, Incl.,Block 14, 8 Lots 11 g 12, Block 24, Seton Fenstad moved and Swenson seconded a motion RESOLUTION 77-t~59 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOt-IMENDATION TO ALLOW THE SUBDIVISION OF LAND WITH THE ADDITION OF LOT "D!' COHpRISED OF FORMER LOTS 23,24 AND 25. Side Yard Variance Polston moved and Fenstad seconded a motion RESOLUTION 77-460 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE SIDE YARD VARIANCE AS REQUESTED. Lovaasen moved and Swenson seconded a motion to request the Planning Commission to look into the present zoning ordinances and submit a recommendation to the Council for revisions regarding front yard setbacks in terms of feet rather the percentages. The vote was unanimously in favor. Subdivision of Land - Lots 14-17, Block 1, Pembroke Fenstad moved and Swenson seconded a motion RESOLUTION 77-461 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNIHG COMMISSION RECOMMEHDATION TO ALLOW THE SUBDIVISION OF LAND AS REQUESTED. Street Front Variance - Lots 1-3, Block 14, The Highlands Swenson moved and Polston seconded a motion' RESOLUTION 77-462 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE STREET FRONT VARIANCE AS REQUESTED. Street Front Variance - Lot 14, Block 1, Devon Swenson moved and Fenstad seconded a motion RESOLUTION 77-463 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO ALLOW THE STREET FRONT VARIANCE AS REQUESTED. The vote was unanimously in favor, Special Use Permit - Lots 30 & Part of 33, Auditor's Sub. 167 Fenstad moved and Swenson seconded a motion to take this item Off the table for discussion. The vote was unanimously in favor. Swenson moved and Fenstad seconded a motion RESOLUTION 77-464 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF A SPECIAL USE PERMIT FOR DUANE'S 66 FOR TRUCK RENTAL TO BEHELD NOVEMBER 8, 1977 AT 7:30 P.M. 167 Subdivision of Land - Lots 6-11 & 20-25 Incl., Block 12, Avalon Fenstad moved and Polston seconded a motion to take this item off the table for discussion. The vote was unanimously in favor. Fenstad moved and Polston seconded a motion RESOLUTION 77-465 RESOLUTIO~,I TO CONCUR ,41TH THE PLAN!lING COMMISSIOJ't RECOMMEI'tDATIOhl TO ALLOW THE SUBDIVISION OF LAND AS REQUESTED. The Vote was unanimously in favor. FENCE VARIAHCE GRANTED - Lot 1, Block 2, Highland Shores Resolution 77-403 Mr. Gordon Dolan, 6064 Ridgewood appeared before the Council to appeal the variance granted by Resolution 77-403 allowing the construction of a six foot fence on Lot 1, Block 2, Highland Shores. After a lengthy discussion the Council determined to take no action at this time. REDOING WALL - 4601 ISLAND VIEW DRIVE Swenson moved and Polston seconded a motion to take this item off the table for discussion. The vote was unanimously in favor. The Council discussed the memorandum received from the Engineer and Public Works Director but determined to take no action at this time. ASSESSMENT CRITERIA Lovaasen moved and Fenstad seconded a motion RESOLUTION 77-466 RESOLUTION ADOPTING AN ASSESSMENT CRITERIA AS REGARDS ASSESSMENTS FOR STORM DRAINAGE COHSTRUCTION, STREET IMPROVEMENT A~D CURB AND GUTTER CONSTRUCTION. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mr. Jim Whitesell, reporter from the Laker Hewspaper invited the Council to join him for a coffee break. The Mayor declined suggesting the agenda could be completed in a few minutes and a break was not necessary. Mrs. Janet Gellman stated that she agreed with the Council decision to change the ordinance to stipulate front yard setbacks in feet rather than percentages. TRANSFER OF FUNDS Fenstad moved and Swenson seconded a motion RESOLUTION 77-467 The vote was unanimously in favor. PAYMENT OF BILLS RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. Swenson moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of S61,641.15 where funds are available. The vote was unanimously in favor. ~68 RESIDENTS NOT CONNECTED TO SANITARY SEWER Swenson moved and Polston seconded a motion RESOLUTION 77-46S RESOLUTION ESTABLISHING A POLICY TO CHARGE A MINIMUM SEWER BILL TO EVERY RESIDENT NOT PRESENTLY CONNECTED TO THE SANITARY SEWER WHERE SANITARY SEWER IS AVAILABLE, The vote was unanimous]y in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn the meeting to the next regular meeting on October 18, 1977 at 7:00 P.M.. The vote was unan- imously in favor. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager 10/25 CITY OF MOUND Mound, Minnesota October 19, 1977 COUNCIL MEMORANDUM NO. 77-320 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Certifying Assessments to State Land Last month when the Council certified the assessments for Three Points and Shirley Hills streets, there were three tax forfeit lots involved. It is recommended that the attached proposed resolutions be passed so these assessments will go against these undersized lots. The lots and their assessments are listed below: Levy No. Project Name ~0t. Block Subd. Amount 6946 Three Points - Gull, 11 18 Shady- $1,904.59 Crestview, Heron,etc. wood Pt. (Street $1,547.11; Storm SewerS356.88) 6946 Three Points - Gull 21 25 Shady- 2,166.79 Crestview, Heron, etc. wood Pt. (Street $1,547.11; Storm Sewer $478.50) 6947 Shirley Hills Unit B 6 6 Shirley Hills B 1,403.4 (Street $1,272.97; Storm Sewer $130.46) Note: Lot 1, Block 18, Shadywood Point has 6,250 square feet and is zoned A-1 10,000 square feet. Lot 21, Block 25, Shadywood Point has 8,380 square feet and is zoned A-1 10,000 square feet. Lot 6, Block 6, Shirley Hills Unit B has 6,040 square feet and is zoned A-1 10,000 square feet. Kopp RESOLUTION NO. RESOLUTION DE~FEPpifflING TOTAL A~,'~OU}~TS ~b%T WOULD }LkVE, ASS~S~ A~NST CERI'AI~ PARCEI~ OF T~ FOR~I~ I~S SUCH PROF~TI~ ~'~ BF~ SUBJECT TO A~SM~T AT ~HE T~ OF DETEStatiON BY T~ CITY COUNCIL OF %~ ~IOUNTS TO BE FOXING. SC~DULE; A~ DI~CTING I"~ CI~ C~ TO AN ~ST~CT SH~7~;G THE DESCR~TION OF ~4 P~ OF ~ ~I~D TO ~ STA~ FOR }~ON~A~T OF T~ A~ %1~ TOT~ ~OU~ ~T WO~ ~VE BEEN ASS~S~ AC~ST ~ P~C~ IF IT ~ BE~ SU~ECT TO ':ASS~[T~ ~[D D~TING S~ ~' TO CERT~ ~E S~ TO Tt~ COUNTY AUDITOR Pu~UAI~ TO ~ PRO- VISIONS ~ ~S~A STA~ 282.01, SUBD, ~S, at 6he %~ of the deLer~a~ion of th~ C1~ .Co~c~ of City of Mom~ of ih~ total ~m~ of ~ney %o be assessed ~ the proceed~gp of ~he ~rovementm lis%ed ~elow~ cer~ parcels'of l~d had been forfeited ~o the st~ .~d were ihere- fo~ no~ subJec~ed %o Assessment: T~O~, BE IT ~OL~ BY ~E CI~ CO~IC~ OF MO~, MO~ ~ESOTA: ' ' ~a6 pursu~ ~o }li~esota S6atu~e~ 282.O1~ Snbd. h~ City Comcil d~s hereby dete~ ~ha~ each of-~he, p. arcels ~f land here~af6er described wo~d have ~een assessed- a~ se~ ~po~i~ each such described p~rc~l, if sn.~ eel had no~ been ~-forfei%ed land therefore nog sn~Jec~ ~o assess~n%~ ~d %he City Comcil does hereby de%e~e that ~ach of said parcels have been benefi~d ~ ~ ~ the ~o~ se~ o~osi~e each of said Plat Parcel Amount Item Number 61980 7520 $1904.59 Three Points-Gull, Crestview etc. Street 6946 61980 9740 2,166.79 Three Points - Gull, Crestview, Heron,etc. 6946 BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to make an abstract showing the description of each parcel of land forfeited to the State for non-payment of taxes at the time of the determination by the City Council of the amounts to be assessed in these proceedings, and showing, in accordance with this resolution, such parcel of land if it had been subject to assessment. The said City Clerk shall certify such abstract to the County Auditor of Hennepin County for presentation to the Board of County Commissioners of Hennepin County. Adopted by the City Council this 25th day of October, 1977. RESOLUTION NO. SUCH PROPERTI~ H?,~ B~7~ SUBJECT TO A~S~ir AT EE~E T~] . ~:~ CITY COU~CIL OF TH~ ~>~CO?~TS TO DE ASS~ tN ~ ~TT~ OF Tt~ Z~RO~IEfiTS ~ ]2t THE TOI~NG. SCHEDULE; A~ DIF~CTI~G %~ CiTf C~ TO P~APg AN ABST~CT S}tG~;,.q THE DESCR~TION 0~ ~Cqff P~%P~C~ OF L~u~ ~Zt~D TO ~ STA~ FOR ~O~[~A~T OF T2~ A}~ %7~C TOT~ ~OUI~ THAT WO~D }L~VE DEE~ ASS~s~ AC~ST ~l~I P~C~ IF IT ~ BE~I SU~ECT TO ]ASS~S>~T~ ' ~iD D~TI~G SA~ ~Tt CIJE]~ TO CERT~ ~E S~ TO T}~ COUNTY XUDITOR PUP~UA~' TO ~r~ PRO- VISIONS ~ ~N~SOFA STA~ 282.01~ SUBD. h- at the tim~ of the deter~mination of the city.Council of the City of Hound of the total a~,~ounts of ~ney to be assessed ~ the ~roceed~gs of the ~rovement~ listed below, cer~ parcels .of l~d h~d been forfeited to the ~ta~ .~d were there- fo~ not subjected to Assessment: ~ESOTA: ~at pursuit to Mi~esot~ Statutes 282.01~ SuBd. h, the City Co~cil R~s hereby dete~ that e~ch of. tbs parcels of land here~af~er demcrib~d ~o~d have been assessed, the a~ set ~pomi~ each such described parc~l~ eel had not been t~-~orfeited land therefore not subject to asmess~nt~ ~d the City Co,oil does hereby dete~e that .each of said parcels have been benefi~d ~ ~ ~t e~ml to the ~o~t set o~osite each of said parcel~: Pla~ ~arcel Amount 62010 7400 $1,403.43 I te_~m Shirley Hills Unit B Street Improvement Number 6947 BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to make an abstract showing the description of each parcel of land forfeited to the State for non-payment of taxes at the time of the determination by the City Council of the amounts to be assessed in these proceedings, and showing, in accordance with this resolution, such parcel of land if it had been subject to assessment. The said City Clerk shall certify such abstract to the County Auditor of Hennepin County for presentation to the Board of County Commissioners of Hennepin County. Adopted by the City Council this 25th day of October, 1977. CITY OF MOUND Mound~, Minnesota 10/ 5 October 19, 1977 COUNCIL MEMORANDUM NO. 77-321 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager School Property for Sale The purchase of 5.48 acres of property from the School has been the subject of several memorandums - See Information Memorandums 77-140 and 77-119 and Council Memorandum no. 77-285. In order to acquire the 5.48 acres, the Council should authorize the Mayor and Manager to enter into a purchase agreement with the School for $34,000. After the purchase is completed, we can go forward with sub- dividing four lots along Bartlett Boulevard. These lots would be approximately 75 feet by 175 feet or about 12,250 square feet. The Mound Subdivision Ordinance requires 60 feet at the building line so it appears that 75 foot frontage is in line with the ordinance. Only on "pie shaped" lots does there have to be 80 feet on one end of the lot. If the land is purchased, then the Subdivision can be ordered and the sale of the lots be attempted while the subdivision is under way. Funds from Revenue Sharing and Capital Outlay can be used to purchase. The Capital Outlay can be repaid when the lots are sold. CITY OF MOUND Mound, Minnesota 10/25 October 19, 1977 COUNCIL MEMORANDUM NO. 77-322 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Permits - Pin Ball Machines The Mound Lanes has made application for permits for four pin ball machines. It is recommended that the Council authorize the permits. C I'I~ OP MOUND Mound, Minnesota LICENSE APPLICATION Games of Skill - ' St~et City ' ~d ) 'State Zip (3) Does anyone other t~n the above ~ve fi~ncial interest in the business?../~3 Phone No. ~ (5) Description of ~e of Skill fo= which license is required: ~ee $15.OO each Licenses expire April ~0 of each year Applicant _ _, ]3ate * If the answer to Item 3 is "Yes", please list others having a financial interest in the business on the back of this application, givingname, address and telephone number. CITY OF MOUND Mound, Minnesota October 19, 1977 COUNCIL MEMORANDUM NO. 77-324 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Public Works Union Agreement Attached is a copy of the proposed contract with the Public Works employees for 1978-1979-1980. Authorization fOr the Mayor and Manager to enter into the agree- ment is requested. MII,~IESOTA TEA>~T~S PUBLIC AND LAW ~,YFORCI~,IT EMA°LOYF, ES' IE,~IOi~ LOCAL t7320 ARTICLE I PUP. POSE OF AGR~.~,~T This Agreement is entered into between the City of hound, hereinafter called the t~,IPLO!n~R, and }iinnesota Temmsters Public And Law Enforcement Employees' Union, Local hereinafter called the UNION. The intent of this AgTeement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes, concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in ~.~itten form, the parties' agreement upon terms and conditions of employment, for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both oarties recognize this Agreement as a pledge of this dedication. The ~nployer recognizes the Union as the exclusive representative, xmder Statutes~ Section 179.71, Subdivision 3, in mn appropriate bargaining of t~e following' job classifications: · Equipment Operators and liaJ.ntenzmce Non ARTICLE iii i~'7ION SEC!U:ITY In recognition of the Union as the e:m!usive representative, the m~mployer sha]!; 3.1 Deduct each payroll period, an auount sufficient to provide the paymsnt of duos established by the Union, from the wages of all emp!cyees authorixing such deduction; and 3.2 i{e~it suab dod-action to the appropriate dosiS~ated Officer of tho Union. 3.} Tbs l,'nion maN' desiG::ate certain er:tpic, y~es from the barirainin{2 "' ~ ~" ~.n~.]._. inform the -~"~ ....... 3.4 ~be Union a~re~ to inde~m~ify ~d hold the L~pioyer harmless a~:~.inst any and all claims.~ suits, orders or judg'ements brought or issued against, the ~ployer as a result of any aotion ~ v~ ~a~.~n or not taken by the ~ployer, ~der the provisions of this Article. 4.1 The Union agrees that d~uring the life' of-this/Agreement it will not cause~ on- 'om.treE, e, pa~t.icipato in or support any s~rike, ~low-do~.m or other interruption of or interference wi'th, the 'normal f~ctions of the ~pleyer. 4.2 Any employee who ~n~es in a strike may have bis/her appointment terminated by the Employer~- effective tbs date the violation' first occas. Such ter;nination shall bo effective upon ~.a. it'ten notice se~ed upon the employee. (2) 4.3 in .employee who is ~ from any portion of his/h. ,;or]: assignment, without permissi0n~ or who abstains wholly or in part, from the full performance of his/ her duties, withou~ permission from his/her Employer, on the da~e or dates when a strike occurs, is prima facie pres~umed to have engaged in a s~rike on such date or dates. 4.4 An employee who ~nao~.;lingly strikes and whose emplo)~nent has been terminated for' such action, may subsequent to such violation, be appointed or re-appointed, or employed or re-employed, but %he employee shall be on probation for two(2) years with respect to such civil service status, tenure of employment, or contract of employmen%~ as he/she may have heretofore been entitled. 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE V ~,~LO~ AUTHORITY 5.1 The klmployer retains the full amd -~nrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and procuress; to set and ~mend budgets; to determine the utilization of tecbmoloo~y; -~o este~lish and modify 2he organizational structure; to select, direct and determine the munber of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term smd condition of emp!otrment not specifically established or modified by 2his Agreement shall remain solely within the discretion of the Employer, %o modify, establish, or eliminate. ~TICLE VI ~,~L0~ RIGL~S-CRIEV:~!CE PROCiEDURE 6.1 Definition of a ~.~rievance A grie¥~ce is defined as a dispute or disao~reement as to the interpretation or application cf the specific term(s) and conditions of this Aogreement. 6.2 Union Reoresentatives The ~np].oyer will recognize representatives designated by the Union, as the grievsnce representatives of the bargaining unit, having the duties and responsib- ilities established by this Article. The Union shall notify the ~p!oyer, in %~iting, of the n~mes of such Union representatives and of thcir successors, ~en so designated. 6.3 _~r. ocessin~ of a ~Trievance It is recoo~nized s~nd accepted by the Union and the ~Imployer that the processing of tee ~)~.~Iblt~. grievamces, as hereinafter provided~ is limi'~ed by the job duties and of the employees and therefore shall be accomplished dtm~ning normal working hours only %.~en consistent %~J.th such cmp!oyee duties and responsiblities. The sggrived employee and the Union representative shall be ali. owed a reasonable amount of time without loss in pay when a grievance is invest'ig~ted and presented to the ?~mployer during normal working hours provided the employee and the Union reoresen'gative have notified and received the approval of the desi~ated supez~isor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedttre Grievances~ as defined by section 6.1, shall be resolved in conformance with the following procedure: step 1. An Employee, claiming a violation concerning the interpretation or application of this Agreement, shall, wi%his ~wenty-one(21) calend~r days after -such alleged violation has occurred~ present such ~rievance %o the employee's supervisor, as desig~ated 'by the ~ployer. The Fmaployer desi~nated representative will discuss and cive an answer ~o such Step 1 griev~mce within, ten(10) calendar days after receipt. A grievance not resolved ih Step 1 a.nd appealed to Step 2 shall %e placed in %~iting, setting forth the nature of the grievance, %he facts on which i~ is base.he provision or provisions e Ao~reemen2 allegedly violated and the remedy requested and shall be appea to S~ep 2 within ten(10) calendar days after the Employer designs%ed representatives final_ ~swer in S~ep 1. Any ~iev~ce not appealed in ~i~ing 2o S~ep 2 by ~he Union, within ~en (10) calendar days, shall be considered waived. ~ep 2. If appealed, 2he %,~i22en ~eiwmce shall be presented by the Union and discussed wi~h the E~ployer desi~ated Step 2 representative. The ~aployer desi~ated representative shall give 2he Union 2he ~p].oyer"s Step 2 answer, in ~iting, within 2eh(10) calendar days after receipt of such Step 2 ~ievance. A ~iev~ce no2 resolved in S~ep 2 may be appealed ~o Step ~ within ~en(10) calen~r days follgwing the ~ployer desi~ated representative's final answer in Step 2. Any ~iev~ce not appealed in %,~iting to Step ) by the Union, within ten(lO) calend~ days, shall be considered waived. Step ~3. If appealed, the %~itten ~ievance shall be presented by the Union and discussed with the ~ployer desi~ated Step 5 representati-ze. The ~uptol~er desi~ated reoresentative shall give the Union the ~ployer's answer, in ~,~iting, within ten(lO) calendar days after receipt of such Step 3 a~ievance. A ~ievance not resolved in Step 3 ~Y be appealed to Step 4 within ten(lO) calendar days following the ~ployer desi~ated representatives final answer in Step 3. Any ~iev~ce not appealed in ~itting to Step 4 by the Union within ten(lO) calendar days shall be conszde_ea waived. S~.ep ~.~ A ~ievance ~resolved in Step 3 ~d appda!ed to Step 4 shall be submit'ted 2o ~bitration, subject 2o the provisions of 2he ~olic ~plo~2 Relations '~ 1971, as ~ended. The selection of ~ a_om~ra~or shall be made in accordance the 'Rules ~ve~ing 2he 2~bitra~ion of Grievances', as established by 2he ~oblic ~ploz~en2 Relations Board. 6.5 Arbitr~tor' s .~ ......... A. The arbitrator shall have no right 2o amend, modify, nullify, i~ore, add or 'sub~rac~ from, ~he ~ ~ ~=~ ~c. conditions of ~his A~eement. The arbitrator shall consider and decide only 2he specific issue(s)su~,z' ~'~e~,_ ~ in %.~riting ~y the ~p!oyer and 2he Union ~d sna_l have no authority ~o m~f~~ .... a decision cn any other issue, no2 sc submitted. B, The arbitrator shall be without power 2o make decisions contramV' 2o, or incon- sistent with, or modifying or vaz~/ing in ~ny ~..~ay, 2he application of ~les or reg~a].ations having 2he force mid effect of la~..,. The arbitz'ator'~ d~- o, ~' ~ ~o!2o~ing el. ese cision s~alz be ~ub,.~zlt~ in ~.,~iting within ~hzr~y(~O~ ~ ~,~r~- ~ S ~ ...... of ~he hearing or ~b_e submission of briefs by ~he ~ ~ whichever be ~!ess the parties a~ee to an extension. The decision shall be binding both the ~:~p!oyer ~na ~.ha Unien and shall be based so~]y on 4he "~'~ '~ in~erpre~alion or apvlica~ion~ of the e~,:~,ress 4eras of ~his .~__et, ...... .... ~.~n~ -~' and 2he facts of 2he ~ievance presented. C. The fees and expenses for ~he e.rbitra~or'a se~zices ~d ~he~n~oce~.a';no~,~'~ shall be bom~e eo~ally by the ~ployer ~d the Union, provided ~hat each 2arly be responsible for compensating i~s c~m representatives and witnesses. If either p~ty desires a verbatim record of the proceedings, i% may cause such a record qo be made, providing i~ pays for ~he record. If both parties desire a verbatim record of 4he proceedings, the cos~ shall be sh~ed equally. 6.6 l,;aiver If a ~iev~ce is no4 presented within %he time limits se% forth above, it shall be considered'waived'. If a ~iev~ce is not appealed qo qhe new S~ep within %he specified time limiq or smy [,,~eed extention thereof, i% shall be considered set,led on lhe basis of %he ~p!oyer"s las~ ~swer. If the ~ployer does not ~swer a ~ievance or an appeal therof, within ~he specified time limiq, the .Union may elect ~o %rca~ .the ~ievance as denied at that S%ep ~d immediately appeal the g~ievance %o the next Step. The ~ime limit in each S~ep may be extended by mutual agreement of the ~ployer and qhe Union. (4) If, as a result of the written ,Employer response in Step 3, lhe grievance remains unresolved, 'and if the ,~rievamce involves the suspension, demotion or disch-~rge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VI or a procedure such as: Civil Se~zice, Veteran's Preference or Fair Emplo~vr, ent. If appealed, to any procedure other than Step 4 of Article VI, the grievance is not subject to the arbitration procedure, as' provided in Step 4 of Article VI. The aggrieved employee shall indicate, in %,~iting, which procedure is to be utilized, Step 4 of A~ticle VI or ca, other appeal procedure and shall sign a statement to the effect that the choice of other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VI. ARTICLE VII D~-~INIT!0NS 7.1 ID~IOr-,. Mdmnesota Teamsters Public And Law Enforcement -Employees' Union, Local ~¢320. 7.2 .~iPLOYV~R: The City of Mound, ~[innesota. 7.3 IR~.~ION I~'~'~mt: A member of Minnesota Teamsters Public And Law Enforcement Employees' Union, Local ~/520. 7.4 I~:~LO~: Amember of the exclusively recognized bargaining unit. 7.5 t~iSE PAY RATE: The employee's hourly pay rate, exclusive of longevity or any other special allowances. 7.6 S~IORITY: length of continuous service with the ~mployer. 7.7 COI~'~SATORY TI].~: Time off the empIoyee's regnzlax~y scheduled work schedule, equal in time to overtime worked. 7.8 S~f~¢2{CE PAY: Payment made to an employee upon honorable termination of employment. 7.90V%RTI~: Work oerformed at the express authorization of the ~ployer, in excess of either eight~8) hours within a twenty-four(24) hour oeriod_ (encept for shift changes) or more 'than forty(40) hours within a sevenk7) day period. 7.10 CALL I~ICK: Return of an employee to a specified work site to perfo~n assigned duties at the express authorization of the ~ployer at a time other t;hem an assi~ed shift. An extension of or an early report to an assigned shz~ o, is not a call back. 7.11 STRIt.~: Concerted action in failing to report for duty, the willful ~Amence from ~- J:'3.O.... Or one's position, the sto~age of work, slow-do~m or abstinence in '.' .~ ir. ~art from the full, faithful e~nd proper performance of the duties of employment the purpose of inducing, influencing or coercing a ch~ge in the conditions compensation or the rights, privileges or obligations of ARTICLE VIII S_'?/%U. OS Ck~USE · _ tJnz oe,.1 ~ ,..:..,es the qta+..~ of ::': u-~¢z~ "'-' ant This~.~_ee:ten~ ......~s reD, jeer to thc. laws 0¢ the ~ ' .... ~ ...... , one Cz~y of I,io~d. In 2he even2 ~y provision of ~his A~eement s~:all 'be b~,~d rio be con2r~y 2o law by a co~t of compefient j~is~ction from whose final judgenenfl or decree no appeal has been taken within 2he fi~me limits provided, such provision s,.all be voided. All o~her provisions off 2his A~eemen2 shall continue in full force ~d effect. The voided provision may be re-ne~otiafied afl the ~.mitflen request of either party. ARTICLE IX WO~[ SCiI~[~_~D~.~:E$ 9.1 The sole authority in work schedules, is the ~,~nployer. The normal wo~ day for sm employee shall be eight (8) hours. The' normal work week shall bo forty (40) hours, Monday through I~iday. ~ 9.2 9.4 SerVice to the require the establishment re&Tular shifts for some employee~ on a ~aily~ weekly, seasonal or ~nmnual basis, other th~an the normal 8:00 - 4:30. day. The ~mployer will give advaneJe notice to ~he employees affected' by the establisb_ment of work days different from the employee's normal eight (6]) ho~r work day. ' In the event thai. work is required because of unusual circtnnstances, such as, but not limited to, fire, flood, snow, sleet or breakdot, m of municipal equipment or facilities, no advance notice need be given. It is not required that an em- oloyee, working other 'than the normal work day, be scheduled to work more than Sight (8) hours. However, each employee has an obligation to work overtime cn call backs, if requested, unless unusual circumstances prevent him from so w¢;rking'. Service to the public may require the establisb~nent of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X O~fEP~TI~.~ PAY 10.1 Hours worked in excess of eight (8) hours, within a twenty-f0~r (24) hour period, except for shift changes, or more than forty (40) hours within a seven (7) period, will be compensated for at one and one-half times the employee's reo~ular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will, for record purposes, reader Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyr~=anided, com~oun¢led or paid twice for the same hours wor~ed. ARTICLE XI CALL BA~K An emoloyee called in for work at a time ~ o~ner than his/her normal scheduled shift, will be compensated for a minimum of two (2) hours pay at one s~d. one-half times the employee's base pay rate. ARTICLE XII LEGAL D~T~E 12.1 ~_~ployees involved in litigation because of negligence, ignorance cf laws, non- observance of laws, or as a result of employee jud~ental decision, ceive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or n~-ormed within the sco~e of ~io/~er criminal offense, arising from acts -~ . ployment, when such act is perform, ed in good faith a~nd ~mdcr di~-ect or~er of his/ her supe~zisor, shall be re-imbursed for reascnable attorney's fees and couc:t costs actually incurred by such employee, in defending adminst ~:uch charge. ARTICLE XIII RIGHT OF SUB-C0]~T~%CT Nothing in.this Agreement shall prohibit or restrict the right of the'Employer from sub-contracting work performed by employees covered by this Agreement. ARTICLE XIV DISCIPLINE The Employer will discipline employees for just cause only. ARTICLE XV S~'~IORITY Seniority will be the determining criterion for transfers, promotions and layoffs, only when all other qualifications factors are equal. 16.1 All newly hired or re-hired employees will sempe a six (6) months' probationary period, 16.2 Ail employees will se~e a six months' probationary period in any job classifi- cation in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or re-hired or re- assigned employee may be terminated at the sole discretion of the Employer. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the.~mployer. ARTICLE XVII SAFETY The Employer and the Union agree to jointly promote safe and healthful working ccnd- itions, to cooperate in safety matters and to encoum~e employees to work in a safe m~'o-rl, er. ARTICLE XI~II JOB POSTE~G 18.1 The ~nployer and the Union agree that permanent.job vacancies within the design- ated bargainingunit, shall be fflled based on the concept of promotion from within, provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy, or b. have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job ~class, based on the provisions of this Article, shall be subject to the conditions of ARTICLE!Vi, PRO~%TiONARY P~RIODS. 18.3 The Employer has the right of final decision in the selection of e~Vloyees to fill posted jobs, based on qualifications, abilities and experience. 18.4 Job vacancies, within the desi~nated bargaining ~nit, will be posted for five (5) working days so that members of the bargaining unit c~u be considered for such vacancies. ARTICLE 19.1 The ~ptoyer agrees to provide ezch employee, after thirtY()0) days of continuou:~ employment, with hospitalization/major medical ins~rance, includin~ dependent coverage, a five thous~nd('.i.~5,000.00) dollar life insorance policy aud long disability insurance and ~a~ ~, sixty-five(657J) _oercent of 4he ~'~remiums due. 19.2 Effective 1/1/79 the Employer agrees to pay seventy(7~) percent of the due on the insurance coverages provided onder Section 19.1 above. 19.3 Effective 1/1/80 the Employer agrees to pay seventy-five(75;>i) 2~;rcent of premiums due on the ins~ce coverages provided v~nder Section 19.1 above. 19.4 Effective 1/1/79 the ~l~.ployer a~ees to provide a Dental insurance policy each employee ~_nd dependents and pay up to a maximin of fifteen(..$15.00) dollars per month of the premiums due. ~RTICLE kTX HOLID&¥S 20.1 The E~ployer agrees to provide the followin~.~aid hoildays: New Years Day V. etermns D~.y t~esidents Day ~h,q~nt. so~v~,~~ Day Memorial Day 1/2 day C~]ristmass ~e Day ' Independence Day ChriStmas~ Labor Day 1/2 d~y i~ew Years E~e ~y Colu~ous ~%~ one(I) Floating Holiday ..[olzday~ fa.1].~ on a S~t~d,.y,t~ ~receeding ~iday shall be 20.2 If a~y of the abm/e the ~Iolid~y. If any of the above ~!olidays falls on a Sunday, the following konday shall l)e the iTo].i~ II~ ]'.e'.~ Year:~ ];r,.y ~r C -.'"" ........ , .~. ' ~hz] ............... !)ars fall on e Sun0~,y ~'~ Monday, the 1/2 day holida~ allowed for New Years Eve or Christmass Eve shall be ~he preceeding _~rlday. ' her ho~ly ~te for all ho~s worked[in addition to re~l~~ / 21.1 ,,Employees shall receive paid vacations based on the following schedule: 0-5 years of service 10 days per year 6-15 years of service 15 days per year 16-20 years of service 20 days per year 21 years and over 25 days per year · 21.2 On an employee's twenty fifth(25) anniversary of service, he/she shall be gm'anted five(5) additional working days of vacation with pay for that year. This vacation leave must be taken off during that year and cannot be waived to rece'ive extra 21.3 Paid vacations shall be earned during the first year of employment but cannot be taken without the approval of the ~ployer. ARTICLE ~!I SI~ LF2J~ · Sick leave shall be accLLmulated at the rate of one(l) day per month. .%RTICLE ;~III S~.Co PAY 23.1 Upon honorable separation from the Employer's service, severance pay, in amo~Lnt equal to thirty-tkree and one-third(33-1/3~¢) percent of the first ninty(90) d.ays of ~m%used sick leave, shal~ be paid. ±n no e~e_~ shall the e~mo~u%t exceed ¢_..=r~y (50) days pay under this section. No pa3~ent shall be ..~de unless the emp].oyee has completed thirty-six(36) months of service. 23.2 If the employee has completed one htunS~ed twenty one(121) months of service the ~_mount shall be increased to a m~ximtbm of forty(40) days pay. 23.3 If the employee has cor. aoleted two hundred forty one~241) months of service the amount shall be increased to a maximuJa of fifty(50) days pay. Funeral leave not to exceed three(3) ~ays will be allowed-by ttue City I.'~_nager. if n~or~ than three(3) days are required, the employee,,,~a~ choose to ~educt_ ~'~,,n~ e..~,r,~-" ~ da-..,;~' over t_hree(3) from either vacation leave or accumulated sick leave. ~Q1TiCLE ~4V The Employer agrees to pay in each twenty-four(24) month period of e~!o~aent, fifteen (S15.00) dollars,.toward an eye examination for each employee. ARTICLE )Zf~rI SAF~V~Y G%%SSES .The Employer agrees to pay the additional cost for an employee to have his/her eye glasses converted to safety glasses. ARTICLE Xk~FII WO?2(I!IG OUT OF CLASSIFICATION Any employee assigned by the E%nployer to work at a higher job classifica%ion shall be paid at the higher rate of pay for the duration of the assi~nent. Upon completion of the assi~mmment the employee shall revert to his/her original or assigned pay rate. VXWiII Auy employee placed on standby duty by the Ehployer shall re6eive one-ha!f(1/2) hours pay for each one(l) hour required to standby for duty. ARTICLE X][LX i'~GES SEE SCHEDULE A ATTACHED ARTICLE ~ WA~ 30.I Any and all prior agreements, resolutions, practices, policies, rules and regulations, re~ding terms and conditions of employment, to 'the extent incon- sistent with the provisions of this Agreement, are hereby superceded. 50.2 The parties mutually acl~owledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity -to m~e demands and proposals, with respect to any term or condition of employment not removed by law, from bargaining. All Agreements and understaudings arrived at.by the parties are set forth in ,,~iting in this Agreement for the stipulated duration of this' Agreement. The Employer and the Union, each voluntarily and~nqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered inthis Agreement or with respect to any term om condition of employment not specifically referred to or co~ered bt this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both'the parties at the time this contract was negotiated or executed. ARTICLE ]CC[I DL~TIOH This Agreement shall be effective as of January 1st., 1978 and shall remain in full force and effect until December 31st., 1980. ]2~ %~T!~SS I'~OF, the p~rties hereto have executed this Agm~eement on this day of 1977. FOR T~ CITY OF I,iOI3~ND ~,~.ESCTA I'L~yor C~ ,~ t ,mmnager S C;~DVLE A 1. Effective January 1st., 1978, the salary schedule shall be as follows: Equipment Operators .$7.42 per. hour ~intenance Men $6.98 per hour after 18 months 6.67 per hou~ after 12 months 6.37 per hour after 6 months 5.45 per ho.ur to start 2. Effective Jan~7 1st., 1979 the above' salary rates shall be adjusted by the following Cost of Living formula: The amount of the cost of living increase shall be '~etermined and redetermined on the basis of the percentage increase in points of the "Consum~er Price Index for Urban :Jase F~rners and Clerical Workers, l. Linneapolis (All Items), published by the B%~reau of Labor Statistics, U.S. Deps_rtment of Labor (1967=100)'.' The Cost of Living increase shall be based upon the percentage difference in points between the Index reading for July 1977, gud the Index reading for July 1978. Cost of Living increase shall be computed and paid the first pay period on or after January 1st., 1979. 3. Effective Janus-_fy 1st., 1980 the sa!ar-y schedule arrived at for January 1st.,. 1979 shall be adjusted by .the follow-:lng Cost of Living The a_~ount of the cost of living increase shall bece ~ ~er:,~,..-' .'~"~ s~d redotermine~ or the basis of ~he percent~e increase in points of the "Cons~:m~er l:rice Znde:~ for Vrbon ~ers 8~d Clerical %.~orkers, !.~nneapolis (Al!Items), plfo!iuhc, d by the S- ~,~ ...... .a of Labo~' Statistics, U.S. Depar~ent of Labor (1967=100)'J The Cost of ~'~zv~no. ~ ~ increa.::' a shall be based upon the percentage difference in points between the In~ex reading f~r Ju~y1978, ~md the Inden reading for July Cost of Living increase shall ba computed ~nd pai~ the first pay period on or aft~r Jam~y I st., 1980. For the City of Mound Minnesota Mayor City I,~nager 10/25/77 CITY OF MOUND Mound, Min~esota October 21, 1977 COUNCIL MEMORANDUM 77-325 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Tax Forfeit Land The Park Commission has recommended that some tax forfeited land being held for park purposes be returned for sale. The land is in Koehlers Second Addition and in Wychwood. Two resolutions, one for each subdivision, are recommended. The land to be returned : Koehlers Second Addition - Parcel 6810 - 7010 - 7100 - 7210 - 7415 - 8040: Lot 27 except the northerly 30 feet Lot 28 except the northerly 30 feet Lot 29 except the northerly 30 feet Lot 30 & 31 except the northerly 34 feet Lot 32 - the northerly part ~m~ The above will allow for street construction, water line extension and a park in the southerly part of Lot 32. Wychwood - Plat 38010 Parcel 5230: Lots 21-22-23 and that part of Lots 12 and 13 lying Westerly of a line running from a point in the Southerly line of Lot 12 a distance of 12 feet East from the Southwest corner thereof to a point in the Northerly line of Lot 13 a distance of 12 feet West from the Northeast corner thereof also commencing at a point in the Westerly line of Lot 20 a distance of 45 1/10 feet ~orther].y from the Southwest corner thereof thence Easterly 14 feet parallel with the Southerly line of said Lot thence Southerly parallel with the Westerly line thereof to the Southerly line of Lot 20 thence Easterly to the Southeast corner thereof thence Northerly to the Northeast corner thereof thence Westerly to the Northwest corner thereof thence Southerly to the beginning. Tax Forfeit Land - Page 2 After returning the above the City still has Lots 14-].5-16 and 17. It should be pointed out that Brighton Boulevard is a M.S.A. street and if developed as such some of the lots should be kept. If so it is recommended that the southerly 20 feet be kept for street right of way. ~L%~nard L. Kopp 48 ETON t~O. 31 MOUND2 ' '-----'--B ?-0 f ! ' i LYNwOOD -. t- .--~)! .II /el L ~o/25 CITY OF ~OUND Mound, Minnesota October 19, 1977 COUNCIL MEMORANDUM NO. 77-323 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Acting City Manager The City Manager will be out of town from October 29 to November 13th. An Acting City Manager should be appointed. From October 29 to November 3, the Manager will be at the International City Management Association Conference in Atlanta and the balance of the time, he will be on vacation. It is recommended that the City Clerk be appointed Acting Manager. rd L. Kopp , Continental Teleph,~Je Ol Minne$ota~ Inc. Watertown, Minnesota 5.5388 [612) 955-1961 October 18, 1977 Leonard L. Kopp City Manager 5341Maywood Road Mound, 5~. 55364 Dear Leonard, We are planning to install an outside pay telephone in our new Sears building location and it will be accessible to the general public 24 hours a day. This location should be suitable to both the City Council and the Youth Commission of Mound. If I can be of further assistance, please let me know. Sincerely, Arthur H. Bird Commercial Manager Continental Tel. of Mn.,Inc. AHB/dlb , CLAYTON L. L~:FEVERE HERBERT p. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E. DRAWZ JOHN B. DEAN DAVID J. K[NNEDY GLENN E. PURDUE JA~ES D. CHARL[5 L, L[F~VERE HERBERT P. LE~LER JEFFRE~ J, STRAND LAW OFFICES L~FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 18, 1977 TELEPHONE (6 I ::'l 333-054~ Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Special Assessments for Street Improvements Lots 6 and 7, Block 12 Woodland Point Dear Leonard: This will acknowledge receipt of your letter of October 17, 1977 concerning the aforedescribed property. As I understand the situation, Mr. Fenner has now been assessed for 80 feet on a front footage basis while only 64 feet of the street directly in front of his house was improved. You further indicate that 16 feet of his property was improved in 1968 but he was not assessed for that project. It appears from the numbers that Mr. Fenner is now asking for a~reduction of $79.36 on the basis of 64 feet of improvement. The engineer further states that if he were assessed at the 1968 rate he would have paid $111.04 or $31.68 more than under the current assessment. The first thing that we should remember in all special assessments is that we assess on the basis of benefits. Front footage, square footage, unit price per lot unit, and other assessment formulas are merely ways to arrive at an equitable result. The question really is, did Mr. Fenner's property benefit by the sum that we have assessed? Assuming that it did, our current assessment would be sustained by the court. If we were to deduct the 16 feet which was not improved at $4.96 per foot, then the City could, under M.S.A. 429.071, make a supplemental assessment. Subdivision 1 reads as follows: LEFEVE LAW OFFICES ~ LEFLER, PEARSON, O'BRIEN~:)RAWZ Mr. Leonard L. Kopp Page 2 October 18, 1977 "The council may make supplemental assessments to correct omissions, errors or mistakes in the assessment relating to the total cost of the improvement or any other particular. A supple- mental assessment should be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assessment and a hearing as provided for the original assessment." It could be argued by Mr. Fenner that supplemental assessment at this time would be too late in time to be effective since the improvement was actually made in 1968. I could not predict on how the court would rule on that particular matter, but it does seem to me that Mr. Fenner is actually receiving his improvement for $31.68 less than other people on the same street, he has not paid interest on the money for nine years, and therefore it would appear only fair that the 80 foot assessment be allowed to stand. I believe that the 80 foot assessment could be justified on the basis of benefit to his lot, not solely on the fact that there was only 64 feet of construction. I believe it is a council decision, but my recommendation would be to let the current assessment stand and not reopen or enter a supplemental assessment on the 1968 improvement. CAP:ms Atru 1~ ~ s, City Attorney ,_ 70 3 CLAYTON L. LEFEVERE HE. RBERT p. LEFLER JOHN E, DRAWZ LAW OFFICE5 LE::F'EVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILE}ING MINNEAPOLIS, MINNESOTA 5540;3' October 18, 1977 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Section 23.31 City Zoning Code Dear Len: I have your letter of October 17 regarding lots facing co_mmons where the commons in turn abuts on lake frontage. You ask in effect if these lots are double frontage lots. I refer you to Section 23.31 of the zoning ordinance, subdivision A which reads as follows: 'Tn cases of lakeshore frontage, the lake should be considered as a front lot line in addition to the front lot line established by the principal street." The question then becomes, "does the fact that commons lies between the lot line and the lake remove those lots from the double frontage category?" It is my understanding that we have over the years treated lots that abut on commons as double frontage lots, the rationale being that they should set back from the public's interest in the lake or from the lake itself a reasonable distance, and that our front yard setback requirements are reasonable. If the ordinance were interpreted in a different manner, the lot line abutting commons would in effect be a rear lot line and structures would be con- structed closer to the public commons. I believe it would be most helpful if this section of the ordinance would be clarified and a provision added to 23.31, Subd. A indicating that lots abutting on commons which abut on lakeshore will be treated as double frontage lots. It is up to the planning commission .and the council to interpret this section, but staff interpretation : 703 LAW OFFICES LEFEV~E, LEFLER, PEARSON, O'BRIEIx~DRAWZ Mr. Leonard L. Kopp Page 2 October 18, 1977 has been that they are double frontage lots. I would agree that the ordinance could be clarified but as you know, there are many, many areas of our ordinance that should be clarified. Unless the council rules to the contrary, I recommend that the existing interpretation be continued, that is, they are double frontage lots. I also recommend that the matter be referred to the planning commission with a suggestion that that section of the ordinance be clarified as aforementioned, or if it is their recom- mendation that it be treated as a single front lot, the ordinance so state. Very truly yours, Curtis A. Pearson City Attorney CAP :ms , 70& BOARD OF DIRECTORS President Lyall Schwarzkopf Minneapolis Vice President June Demos Res.viii. TO: Post President Josephine Nunn Champlin Richard Asleson Apple Valley Wayne Courtney Edina Walter Dziedzic Minneapolis Maynard Eder Lake Elmo a ociation of metr. qoo[(tgn munlapa lneo 30,0 hanover bld(~ St. paul. minnesota 55101 /612~ 222-2~61 October 18, 1977 METROPOLITAN AGENCIES COMMITTEE MEMBERS. FROM: JUNE DEMOS, CHAIRWOMAN Wednesday, October ''TIME: 12:00 Noon (Luncheon meeting). AMM Office-Conference Room" 300 Hanover Bldg. · 480 Cedar Street, St. ~Paul Robert Hansen White Bear Lake AGENDA David Hozza St. Paul Richard Hullander Shakopee Jack Irving Crystal James Krautkremer Brooklyn Park Myra Lobeck Oakdale Bruce Nawrocki Columbia Heights Discuss and adopt polic~ position with respect to the APA and the Metropolitan Agencies - see draft enclosed.* Determine committee schedule for balance of sho~t range considerations: A. Revisions to Development Framework Chapter. B. Metropolitan Council Work Program. C. Other? 3. Adjourn. Irving Stern St. Louis Park PLEASE ADVISE SYLVIA (222-2861) REGARDING YOUR LUNCHEON RE- SERVATION. Larry Thompson Wayzata Mark Vaught St. Paul Duane Zaun Lakeville Executive Director Vern Peterson * - Should be considered as a starting point for committee input and not a finished product. Also, please note that three basically different options have been prepared for committee consideration. '- 703 BOARD OF DIRECTORS President Lyall Schwarzkopf Minneapolis Vice President June Demos Roseville Past President Jo~phine Nunn Champlin Richard Asleson Apple Valley Wayne Courtney Edina Walter Dziedzic Minneapolis Maynard Eder Lake Elmo Robert Hansen White Bear Lake David Hozza St. Paul Richard HullanLder Shakopee Jack Irving Crystal J ames Krautkremer Brooklyn Park Myra Lobeck Oakdale Bruce Nawrocki Columbia Heights Irving Stern St. Louis Park Larry Thompson Wayzata Mark Vaught St. Paul Duane Zaun Lakeville Executive Director Vern Peterson association of metr. o. po[(tgn munlclpaillles 300 hanover ? ::c -:~'0 'edar street st. paul F,,,'*q,: ~o~ ~ 55101 (612) 222~286t MINUTES OF THE MEETING (Summary) OF THE METROPOLITAN AGENCIES COMMITTEE October 5, 1977 The meeting was called to order at approximately 12:15 P.M. by Chairwoman June Demos. Also present: Bob DeGhetto, Stan Kehl, Len Kopp, Myra Lobeck, Dudley Moylan, Dennis Schneider, Donna Stauffer, Irv Stern and Duane Zaun. Jim Nobels and Tom Todd from the House Research Department and Dick Nowlin, Legal Counsel for the Metropolitan Council, were also present, as was Vern Peterson, AMM staff. After self introductions, Vern Peterson breifly outlined the work program for the committee as expected by the Board of Directors. The work program includes both short range considerations (issues that might surface during the 1978 Legislative session for which the AMM does not have policy positions and Metropolitan Council activities for the com- ing year), as well as developing the Legislative policy for the 1979-80 legislative biennium. Identified as possible short range considerations were: The possible inclusion of the Metropolitan Council and Commissions under the provisions.of the State Adminis- trative Act (APA). Revisions to the Development Framework Chapter of the Council's Metropolitan Development Guide. 3. Scope of the Metropolitan Council's 1978 Work Program. Next step in the implementation process of the Land Planning Act. -I- 702 Minutes of the Meeting Metropolitan Agencies Committee October 5, 1977 Page Two Discussion of the long range activities were deferred to a later pofnt in time. Vern Peterson then briefly introduced the subject of the Administrative Procedures'Act (APA). Nobels was then asked to make some comments concerning the APA as to what it is, what it does, and what are some of the implications if its provisions are broadened to include the Metropolitan Agencies and Commissions. Mr. Nobles explained that one of the main functions of the APA was to regulate the process of adoption of rules by the various state departments and agencies° Contained within the APA are requirements for giving proper public notice when rule hearings will be held, prescribing that the hearings be conducted by an independent hearing examiner and that the hearing examiner prepare a post hearing report containing his findings of fact and conclusions with respect to the proposed rules. It was also pointed out by Mr. Nobles that the APA was specifically designed for considering rules promulgated by the state departments and was not in- tended for other levels of government or regional agencies. Committee discussion at this point brOught out the fact that once the "rules" have been adopted by department or agency after completion of the APA process, said rules have the force and effect of' law. Tom Todd, who provides research support for the House Local and Urban Affairs Committee was then asked to make some comments. Mr. Todd in- dicated that it would be the Local and Urban Affairs Committee which would consider any bills to broaden the scope of the APA to include the Metropolitan Agencies. Consequently, he had been researching this question for the committee and had identified several questions or concerns that must be considered as part of the overall discussion of this matter. A partial listing would include: Does the Council do anything that fits the State definition of what'is a rule? Should all aspects of the Metropolitan Agencies' activities be included under the APA process or only certain things. Which ones? Will it change the current process or procedures employed by the Agencies into more of an adversarial process? Would including the Metropolitan Agencies into the APA process serve as a "foot in the door" to include the activities of local governments as well? 5. What is it that the Metropolitan Agencies do that offends people? Will "policy making authority" shift from the Metropolitan Agen- cies to the hearing examiner? By what degree? ,. 70 --2-- Minutes of the Me· Metropolitan Agencie~ October 5, 1977 Committee Page Three 7. What is it that the Metropolitan Agencies do that would be im- proved by including them under the prove, ions of the APA? Mr. Todd concluded his comments by listing several options that are likely to be considered by the Legislature when this matter is discussed in committee: Develop a "special APA" which is tailored to the unique differences between state agencies and the Metropolitan Agencies. Apply the present APA procedures only to certain functions of the regional agencies. ~ Develop and mandate administrative procedures on an AgencY-by-Agency basis. 4. Do nothing. Set up a Legislative Commission to oversee the administrator· pro- cedures utilized by the Metropolitan Agencies. Apply the present APA process in total (a Bill was introduced in the last session which would have accomplished this). 7. Contract for certain services from the State. Dick Nowlin was then asked to comment on this question from the per, spective of the Metropolitan COuncil. He made the following points: Much of what the Council does (A-95 review, guide chapter develop- ment, approving budgets of Metropolitan Commissions, etc.) just does not seem to fit into a narrow procedure designated to govern rule making authority of state agencies° The Metropolitan Council has been delegated certain policy making authority by the Legislature and if the APA were to be imposed carta blanche, some of this "authority" would, in fact, be trans- ferred to the "hearing" examiner. It might have a negative impact on the ability of the Council and local units to resolve differences in a cooperative non-adversarial matter. The Council feels that their current process and procedures for public input treat the interested parties fairly and impartially. -3- Minutes of the Meet2 Metropolitan Agencies Committee October 5, 1977 age E°ur The Chair then opened the floor for discussion by committee members. After a brief period of discussion, Irv Stern made the following mo- tion, which was seconded by Stan Kehi: "The Board of Directors of the AMM should ask the Legislature not to impose the provisions of the APA on .the Metropolitan Agencies and, furthermore, the Metropoli- tan Council should be authorized by the Legislature to develop their own procedures to govern the conduct of the Metropolitan Council and Commissions." .The Chair suggested that more carefu~ deliberations were needed and the Committee should not rush its work on such an ..im- portant question. Mayor Stern felt that some immediate action was needed so that the Legislature wMs' aware of our'concerns. The' motion was then defeated. After further discussion .and several other motions, which were defeated, the committee directed Staff to prepare ~ posi- tion which could be considered by the committee at its next meeting. Staff was instructed to include in this position a statement to the effect that the Metropolitan Agencies should not be included under the full provisions of the APA. The committee set the next meeting for Wednesday, Octoher_26th, and it will be a luncheon meeting. Meeting was adjourned at approximately 2:15 P.M. vp · 699 II. D. ADMINISTRATIVE CONDUCT OF METROPOLITAN AGENCIES AND COMMISSIONS° The State Legislature in 1967 created the Metropolitan Council for the purpose of coordinating the orderly growth and economic development in the metropolitan area. Subsequent actions by the Legislature have strengthened the role of the Council in carrying out its intended func- tions. Additionally, several metropolitan commissions and agencies have b~en created to assist the Council in its work and to provide the structure necessary to implement, on a regional basis, certain operational systems such as transit, wastewater disposal, airports, etc. The Coun- cil has also been given certain approval authority over some key aspects of the activities of general purpose units of local government in order to protect the integrity of metropolitan physical systems. As the des- ignated agency for conducting the Federal A-95 review procedure, the Council also can exert a great deal of influence on ~e actions of local units of government. In effect, by action of the state and federal governments during the past decade, a form of general purpose regional government now exists in the seven-county metropolitan area. While it is true that the Metropolitan Council and its Commissions and Agencies cannot expand their roles and authorities in a specific sense, except through legislative authorization, the past legislative enabling legis- lation has tended to be very general in nature, thereby giving these units much discretion in interpretation. Except in isolated cases such as implementation of the Land Use Planning Act and the procedure for im- plementing the Metropolitan Significance Rules, the Legislature has given almost complete administrative freedom to the metropolitan entities in the conduct of their activities. In contrast, the Legislature has prescribed, by law, a uniform procedure for state administrative agen- cies and departments which must also interpret and implement state law that is often general in nature and scope. The Administrative Proce- dures Act (APA), Chapter 15 of the State Statutes, was developed speci- fically to regulate the rule-making functions of state agencies and to assure uniformity and impartiality of process, thereby protecting the public's'right. A bill was introduced in the 1977 legislative session which would have extended the provisions of the APA to encompass the Metropolitan Coun- cil and other metropolitan agencies and commissions. The bill did not become law primarily because it was recognized during the hearings and discussion that: The APA was designed specifically for state agencies and does not lend itself very well to much of the activity conducted by region- al agencies. If the APA were to be imposed, as is, some of the policy making authority would be transferred from the regional agencies to the independent hearing examiner. The relationship between the metropolitan agencies and the units of local government might become more adversarial in nature. . 690 II. D ..... continued THE ASSOCIATION BELIEVES THAT THERE IS A NEED FOR A UNIFORM AND CON- SISTENT PROCESS TO BE FOLLOWED BY THE METROPOLITAN AGENCIES IN THEIR DEALINGS WITH LOCAL GOVERNMENT UNITS AND THE GENERAL PUBLIC. WHILE THERE IS A NEED FOR UNIFORMITY, CONSISTENCY, AND FAIRNESS, THE ACTIV- ITIES OF THE METROPOLITAN AGENCIES WHICH IMPACT ON THE LOCAL GOVERN- MENTAL UNITS ARE OF SUCH A DIVERSE NATURE THAT APPLYING THE PROVISIONS OF THE STATE APA TO THIS PROCESS MIGHT CREATE MORE PROBLEMS THAN CUR- RENTLY EXIST FROM A PROCESS STANDPOINT. CONSEQUENTLY, TH.E. ASSOCIATION DOES NOT SUPPORT EXTENDING THE PROCESSING OF THE STATE APA TO INCLUDE THE ACTIVITIES OF THE METROPOLITAN'AGENC.IES ON A CARTE BLANCHE BASIS°' ALTERNATIVELY, THE ASSOCIATION RECOMMENDS THAT: , 1. THE LEGISLATURE ESTABLISH A SPECIAL COMMISSION TO .DEVELOP UNIFORM ADMINISTRATIVE PROCEDURES TO BE' FOLLOWED'BY THE METROPOLITAN AGEN~ CIES WHICH WOULD APPLY TO THOSE AGENCY ACTIVITIES WHICH BECOME A PART OF THE OFFICIAL PUBLIC POLICY OF AN AGENCY° IoE. GUIDE POLICY CHAPTERS, POPULATION FORECASTS, BUDGETS, ETC. IN ADDITION TO LEGIS- LATIVE REPRESENTATIVES, THE COMMISSION SHOULD INCLUDE REPRESENTATIVES FROM THE COUNCIL, CITIES, COUNTIES, GENERAL PUBLIC AND THE METROPOL- ITAN COMMISSIONS. 0 R 2. THE LEGISLATURE DIRECT THE METROPOLITAN COUNCIL TO DEVELOP UNIFORM ADMINISTRATIVE PROCEDURES TO BE FOLLOWED BY THE METROPOLI~TAN AGEN- CIES WHICH WOULD APPLY TO THOSE AGENCY ACTIVITIES WHICH BECOME A PART OF THE OFFICIAL PUBLIC POLICY OF AN AGENCY. I.E. GUIDE POLICY CHAPTERS, POPULATION FORECASTS, BUDGETS, ETC. SUCH PROCEDURES COULD 'ONLY BE ADOPTED OR AMENDED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT, MINNESOTA STATUTES, CHPATER 15, AND REGULATIONS PUR- SUANT THERETO. 0 R 3. THE LEGISLATURE DEVELOP A SPECIAL APA TO BE FOLLOWED BY THE METRO- POLITAN AGENCIES WHICH WOULD APPLY TO THOSE AGENCY ACTIVITIES 'WHICH BECOME A PART OF THE OFFICIAL PUBLIC POLICY OF AN AGENCY° I.E. GUIDE POLICY CHAPTERS, POPULATION FORECASTS, BUDGETS, ETC. -2- recent, conversation'With' Dick Schwert you asked whether ·there might ..... coverage unde='~the City's-insurance program for the interior damage at' the , ~.,~,~ : City Hall bUilding caused by water leaks around the roof skylights. We ,~. -:,~'~:~i;~~ /'have the br0adest, form:of protection available, but there is an exclUsion.,, .... of coverag~;:: in'the POlicy that basically'states interior building damage of this type is covered only if the roof or walls sustain actual damage by the direct action of wind or hail. If this were the case, then the resulting -~ : damage to the interior would be covered. ,~i8 t8 a co.on excluaion,. Len, ~ound in c~e~cial property insurance policiea. ;'Dick and I realize that this is not the answer you ~ere lookiag ~or, but at least it elarifys the questions o~ insurance coverage oa a ~i~- nation that ha~ been a probl~ alaost since the day building ~as completed. If you should have any questions on this, please let us know. Sincerely, Don M. David Schwert-Reed Agency, 5575 shoreline Boulevard Mound, Minnesota, 55364 Shelard Tower, Suite 148 .Hwy. 12 ~ Co. Rd. 18, IVtpls,; MN. 55426 Cha.~,.rman Lo~.~ Ob~rdec~. L0rr~n~ Jackson~ Gerry Smith~ City M~r~ L,onard Kopp~ City Insp. Hank tk~lsen, City Pl~ner MINS~E~ Jack=on ~o~d ~nd S~th seconded to mpDrov~ th~ mfnute~ from the Ch~rle~ jamco wa~ pre~ent to di~c~e plan~ fo~~ build~.ng on corner of Three Pts~ Blw~ and Ewy~ ~!O~~ ~ith plan~ a~ ~resent~d~ h~, would need a Special ~e P~rmlt, a ~treet ~acat~d~ a 5 ft. re~w yard v,~rianc~ and a parking v~vlanc~ The Planning COZ~o had a gen©r~ ~i%Lve fe~ling toward him proposed ~£anr~,. He p!~ to mmke ap~lic~tio~ for variances a~d ap ..~r at the October Bo~rd of App~mls Meeti~ of th~ Planning Comm. Do~ Lov6~ pr~memted pro~oeed plan~ for a planned unit d,velc~,.nt for 24 unitm on mpproL 15 acre~ c~ll,~d Peak, cam Poimt~ As the e:iisting zoning doe~ ~ot handle planned u~t de'~lo~e~t, L~na: will draft c,~linance for formal ~r®~®ntation in Nov. City Cot~cil ~imhe~ t,~ hav~ a Join~ ~eeting with Planning met metbackm rather th~n present ~rcentage~ for ~®tbacke~ Due to heavy sch®dul~m, thim will be done Du~, to $0/27 conflict, th~ ~t Planning Comw&seion me®ting will be ~ed., October 26~ a% 7~30 ~.~. 695 694 300 Metro Square ]Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 October 17, 1977 To All Interested Persons: The Metropolitan Health Board currently has several task forces meeting to develop a set of recommendations for the Health Systems Plan for the Metropolitan region. Each task force has 15 members, representing various areas of expertise for the given topic. The Health Board wishes to.give you this opportunity to be informed on the activities of these groups. The process involves: 1. Task force meetings., where members discuss pertinent issues and make recommendations to the Health Board. Ail task force meetings are open to the public. 2. A public forum will be held later this fall, which will give interested' persons an opportunity to provide input and reactions to the recommen- dations presented by the task forces .~ 3. A report will be written on the given topic; each report will then be a component of the Health Systems Plan for the Metropolitan Area. 4. The written report will be mailed out to interested persons. 5. A public hearing will be held in January, where interested~persons will have an opportunity to react to the Health Systems Plan. 6. Recommendations received from the Public Hearing will be given consid- eration; appropriate changes will be made in the Health Systems Plan. 7. The Health Systems Plan will be presented to the Metropolitan Health Board for review~ ~omment and approval. 8. The Plan will then be submitted to the Department of Health, Education and Welfare for review, comment and approval. ~ne specific task forces in operation~ along with their charge, are described below: Viable Hospital Task Force 1. To determine the number and location of acute hospital beds appropriate for the future needs of the Metropolitan Area. 2. To recommend how the appropriate distribution can be accomplished. 3. To define the role(s) hospital and hospital organizations are to have in an overall quality health system of the Metropolitan Area. 693 An Agency Created to Coordinate the Planning and Development of the Twin Cltie~ Metropolitan Area Comprising; Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County ctober 17, 1977 Page Two Community Health Services Task Force 1. Redefine Community Health Services, its purpose, goals, scope and activities. 2. Determine categories of service. 3. Develop method for inventory of services. Mental Health Task Force 1. Describe a model of the elements of the mental health service delivery system. 2. Review the backgrounds and trends in the field. 3. Begin to standardize performance goals, in terms of availability, acces- sibi£ity, quality, continuity and finances. Long Term Ca~e Task Force 1. Review existing approaches/definitions to long term care. 2. Revise policy guidelines which pertain to nursing homes. 3. Suggest issues to explore for joint task force in Housing, Health and Aging (to be formed next year). We are developing a mailing list of interested persons who want to receive any of the following information: 1. Agenda and minutes of specific task force. 2. Report of recommendations. 3. Notice of public forum. 4. Copy of Health Systems Plan 5. Notice of public hearing. If you wish to be on this mailing list, please call the Metropolitan Health Board at 291-6352, and indicate which of the five items listed above you wish to receive, and for which task force. For more information on a specific task force, please contact the staff member listed: Viable Hospital --Richard Keck, 291-6551 Community Health Services -- Marcia Robert, 291-6545 Mental Health -- Susan Getts,-291-6524 Long Term Care -- Sally deLancey, 291-6558 We look forward to hearing from you. Sincerely, ~ Malcolm P. Mitchell Executive Director M~M/dg 69° 1~--~ 0 p~ r. ~'~'~.~ BOA.RD ~ ~IN Gl'rS 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 October 17, 1977 To All Interested Persons: The Metropolitan Health Board currently has several task forces meeting to develop a set of recommendations for the Health Systems Plan for the Metropolitan region. Each task force has 15 members, representing various areas of expertise for the given topic. The Health Board wishes to.give you this opportunity to be informed on the activities of these groups. The process inVolves: 1, Task force meetings, where members discuss pertinent issues and make recommendations to the Health Board. Ail task force meetings are open to the public. 2. A public forum will be held later this fall, which will give interested persons an opportunity to provide input and reactions to the recommen- dations presented by the task forces. 3. 'A report will be written on the given topic; each report will then be a component of the Health Systems Plan for the Metropolitan Area. 4. The written report will be mailed out to interested persons. 5. A public hearing will be held in January, where interested persons will have an opportunity to react to the Health Systems Plan. 6. Recommendations received from the Public Hearing will be given consid- eration; appropriate changes will be made in the Health Systems Plan. 7. The Health Systems Plan will be presented to the Metropolitan Health Board for review~ comment and approval. 8. The Plan will then be submitted to the Department of Health, Education and Welfare for review, comment and approval. The specific task forces in operation,, along with their charge, are described below: Viable Hospital Task Force 1. To determine the number and location of acute hospital beds appropriate for the future needs of the Metropolitan Area. 2. To recommend how the appropriate distribution can be accomplished. 3. To define the role(s) hospital and hospital organizations are to have in an overall quality health system of the Metropolitan Area. 691 An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County o Honnepin County 0 Ramsey County o Scott County 0 Washington County October i7, 1977 Page Two Community Health Services Task Force i. Redefine Community Health Services, its purpose, goals, scope and activities. 2. Determine categories of service. 3. Develop method for inventory of services. Mental Health Task Force 1. Describe a model of the elements of the mental health service delivery system. 2. Review the backgrounds and trends in the field. 3. Begin tostandardize performance goals, in terms of availability, acces- sibility, quality, continuity and finances. Long Term Care Task Force 1. Review existing approaches/definitions to long term care. 2. Revise policy guidelines which pertain to nursing homes. 3. Suggest issues to explore for joint task force in Housing, Health and Aging (to be formed next year). We are developing a mailing list. of interested persons who want to receive any of the following information: 1. Agenda and minutes of specific task force. 2. Report of recommendations. 3. Notice of public forum. 4. Copy of Health Systems Plan 5. Notice of public hearing. If you wish to be on this mailing list, please call the Metropolitan Health Board at 291-6352, and indicate which of the five items listed above you wish to receive, and for which task force. For more information on a specific task force, please contact the staff member listed: Viable Hospital -- Richard Keck, 291-6551 Community Health Services -- Marcia Robert, 291-6545 Mental Health -- Susan Getts,-.291-6524 Long Term Care -- Sally deLancey, 291-6558 We look forward to hearing from you. S inc erely, ~ Malcolm P. Mitchell Executive Director M X/dg 690 league of minnesota cities Dear Colleagues~ Donald Co Slater, who has directed congressional and federal agency, relations for the National League of Cities since 1972, has been selected Executive Director of the League of Minnesota Cities° Don will assume the position full-time on November 28 but plans some working da~s in Minnesota in the interim° The selection by the League Board on October 8 culminated a search that began last June, when Dean Lund resigned to accept a pos~t~ion w~th Group Health, Inco At that time I wrote all members to ask for your input on the criteria that should be considered in selecting a new Executive Director: Ail the responses were evaluated and became part of the criteria that were finally adopted by the Board~ I also appointed a Search Committee composed of Wayne Burggraaff, City Manager of Richfield, Chair; Bruce Nawrocki, Mayo~ of Ce!umbia Heights; Alice Wick, Councilmember, St. Cloud; Do Jo Black, Mayor, Hutchinson and Bob Anderson, Councilmember, International Falls. These members deserve special credit as they undertook the massive job of the initial screening of all the applicants as well as proposing criteria and selection procedures to the Board. Some 150 applications were filed fc? Executive Director~ All members of the Search Committee participated in every phase ef the selection precesso All Search Committee members reviewed'each application ~ndividually and eventually interviewed !2 candidates, including candidates f~om elsewhere ~n the ~ation as well as several persons from Minnesota° Following seven meetings, they recommended four persons to the Board° On October 8, the BOard interviewed the four ~ndidates and unanimously chose Don Slatero It is worth noting that the quality ¢? candidates was very high. Persons from both inside and outside the state said that the reputation and quality of the Minnesota League and its programs had attracted them to apply for the position, even in instances where they were not actively seeking a new job° Some of you may know Don S~ater from h~s talks at Minnesota breakfasts and other events during NLC functions, but ~ wo~id i~ke te sha~e with you his career background and some of the reasons the Board selected Don joined the National League of Cities in 1960 as editorial associate and was soon promoted to legislative representative. In 1966, he became deputy assistant secretary for community development for the Depa?tment of Health, Education and Welfare. In 1968, he became director of tke ~o~e~ city program for Norfolk, V~rginia, responsible for establishing the model c~ty agency and the local community development plan. Since 1972, he has been director of federal relations for NLCo (Over) 689 300 hanover building, 480 cedar street, saint paul, minnesota 55101 [E912) 222-2861 Don attended high school in Oklahoma and graduated from the University of Oklahoma with a B~A. in g0vernment~ He als0 has a master's degree in politics from Princeton University. Don and his wife have seven children and are planning to move here from Fairfax, Virginia° He is 43. The Board felt he had demonstrated the ability to translate local government concerns to members of Congress as well as to administrative and regulatory agencies. As this background indicates, we feel that he will be an articulate spokesperson for Minnesota cities at the legislature and with state agencies. He is a well-known, professional administrator, with experience both at the local government level in Norfolk and at the association level with the NLCo The Board liked his high respect for the quality and competence of city officials, and his record of teamwork with both city officials and staff. The Board is convinced that he will maintain the high standards of the League in representing the best interests of all Minnesota cities. We are looking forward to working with him and know that many of you will be meeting him soon. Sincerely, Maureen Bye Councilor, Duluth President, League of Minnesota Cities MB/es 689 FOR IM24EDiATE RELEASE September 23, 1977 Park Center Bivd; at W. 39~h St. -. Minneapolis, MN ,~5416 · (612) 927-2600 _ ~,/~ Director, Public Relmtions MI~TJ%POLIS SUBURBS WIN PEDESTR/J~N SAFETY AWARDS Four Twin Cities suburbs have received special recognition for their superior achievement in minimal pedestrian injury and fatality records. 'Orono, Fridley, Edina, and Mound each received a plaque in conjunction with the American Automobile Association's 38th Annual Pedestrian Safety Inventory. These awards and citations are presented on the basis of low pedestrian death and~ury figures and on accident prevention program~ with respect to each city's population category. None of the four suburbs recorded a pedestrian death last year. Fridley has not had a pedestrian fatality in three years and Orono and Mound have not recorded any pedestrian deaths in over l0 years.; Edina received an award of excellence for their performance in safety program activities plus their pedestrian safety record. The state of Minnesota and 36 other Minnesota cities also earned citations for their pedestrian safety work. ' 687 NATIONAL BOARD OF JUDGES 1977 AAA PEDESTRIAN SAFETY INVENTORY PROGRAM THIRTY-EIGHTH ANNUAL EVENT TUESDAY, JUNE 21, 1977 MR. DEAN PHILLIPS, SR. STAFF ANALYST POLICE MANAGEMENT & OPERATIONS DIVISIONS INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE ll FIRSTFIELD ROAD GAITHERSBURG, MARYLAND 20760 MS. AGNES BEATON, SECRETARIAT NATIONAL ASSOCIATION OF WOMEN HIGHWAY SAFETY LEADERS 7206 ROBIN HOOD DRIVE UPPER MARLBORO, MARYLAND 20870 MR. FRANCIS ECKERMAN, SAFETY DIRECTOR WISCONSIN DIVISION, AAA POST OFFICE BOX 33 MADISON, WISCONSIN 53701 MR. SAM YAKSICH, EXECUTIVE DIRECTOR AAA'FOUNDATION FOR TRAFFIC SAFETY 8111GATEHOUSE ROAD FALLS CHURCH, VIRGINIA 22042 MR. JOHN UPCHURCH, DIRECTOR OF TECHINAL AFFAIRS INSTITUTE OF TRANSPORTATION ENGINEERS 1815 NORTH FORT MYER DRIVE ARLINGTON, VIRGINIA 22209 MR. CHARLES A. KROMER MANAGER-STATISTICAL DEPARTMENT AMERICAN PUBLIC TRANSIT ASSOCIATION llO0 17th STREET, N.W. WASHINGTON, D.C. 20030 MR. STEVE GALES DRIVER EDUCATION AND LICENSING DIVISION TRAFFIC SAFETY PROGRAMS NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 400 7th STREET, N.W. WASHINGTON, D.C. 20591 MR. KEVIN KRUKE HIGHWAY SAFETY ANALYST TRANSPORTATION AND SAFETYDIVISION HIGHWAY USERS FEDERATION 1776 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036 · -- 686 TO: FROM: Mound City Council Mound Westonka Youth Commission October 17, 1977 We would like to advise you that we are planning a Halloween Dance for Jr. High students on Oct. 31. The dance will be at Grandview from 8:00 - 10:30 p.m. The band "After Dusk" will be playing for admission price of $1 per person. Candy and soda will be sold, and there will be prizes for the top rated costumes. We would appreciate any assistance the City Council could provide by: Volunteer chaparones Asking Police Chief to provide one or two Police Reserve to be present Also, for your information, we have not heard or seen any action by Continental Telephone in providing downtown Mound with a public telephone. It has been approximately two months since the desired locations were given to them. TO: FROM: Mound City Council Mound Westonka Youth Commi~Ssion October 17, 1977 We would like to advise you that we are planning a Halloween Dance. for Jr. High students on Oct. 31. The dance will be at Grandview from 8:00 - 10:30 p.m. The band "After Dusk" will be playing for admission price of $1 per person. Candy and soda will be sold, and there will be prizes for the top rated costumes. We would appreciate any assistance the City Council could provide by: Volunteer chaparones Asking Police Chief to provide one or two Police Reserve to be present Also, for your information, we have not heard or seen any action by Continental Telephone in providing downtown Mound with a public telephone. It has been approximately two months since the desired locations were given to them. TO: FROM: Mound City Council Mound Westonka Youth Commission October 17, 1977 We would like to advise you that we are planning a Halloween Dance. for Jr. High students on Oct. 31. The dance will be at Grandview from 8:00 - 10:30 p.m. The band "After Dusk" will be playing for admission price of $1 per person. Candy and soda will be sold, and there will be prizes for the top rated costumes. We would appreciate any assistance the City Council could provide by: Volunteer chaparones Asking Police Chief to provide one or two Police Reserve to be present Also, for your information, we have not heard or seen any action by Continental Telephone in providing downtown Mound with a public telephone. It has been approximately two months since the desired locations were given to them.