1977-10-18 CC Agenda Packet CITY OF MOUND
Mound, Minnesota
AGENDA
Mound City Council
October 18, 1977
City Hall
7 P.M.
CM 77-317 Public Hearing - North Island Park Street Improvement Pg. 680
3.
CM 77-312 4.
CM 77-313 5.
CM 77-311 6.
CM 77-315 7.
CM 77-314 8.
CM 77-318 9.
10.
11.
12.
8 P.M.
1. Public Hearings Continued on Street Improvement, etc.
A. Langdon Lane
B. Langdon Height-Beachwood
C. Three Points - Avocet through Gull
D. Tonkawood East & West
Watermain - Balsam & Spruce pg.678-679
Snow Plowing Bids
Bingo Permits Pg. 675-677
Tax Forfeit Land Pg. 670-674
Sidewalks Pg. 669
Voting Equipment Pg. 662-668
Public Health Nursing Service Pg. 648-661
Well No. 5 Pg. 646-647
Comments & Suggestions by Citizens Present (2 Minute Limit)
Information Memorandums & Misc. Pg. 611-645
Committee Reports
681
CITY OF MOUND
Mound, Minnesota
October 18, 1977
INFORMATION MEMORANDUM NO. 77-185
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Street Projects
The Hearing and Contined Public Hearings on street projects
were discussed with the Attorney this morning.
He said that each project should have a separate resolution
and be voted on individually. The resolution should be to
move to "waive the reading and adopt a resolution ordering
the improvement and direct the Engineer to ~ns and
specifications". Four affirmative votes are required.~~a_
A resolution Should be adopted for each hearing held which
are:
Project No. 77-70
Project No. 77-66
Project No. 77-69
Project No. 77-71
Project No. 77-68
North Island Park
Langdon Lane
Langdon Heights-Beachwood
Three Points - Avocet Through Gull
Tonkawood - East & West
Each hearing should be reconvened and adjourned after action.
After the resolutions are passed, another resolution should
be made which directs the Engineer to combine the projects
for bidding.
onard L. Kopp ~'
ON LAKE MINNETONKA INDIAN BURIAl. MOUND~
5341 MAYWOOO ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
October 17, 1977
TO:' Mr. Kopp
FRCM: Public Works Office
SUBJECT: Snow Removal Bids, Winter of 1977
The City advertised for snow removal bids in the official city newspaper, and
received one bid. The City also mailed out spec. sheets to four local contractors.
The one bid that was submitted was from Illies & Sons.
It is recommended that the City accept the bid from Illies& Sons, we have had
competent work from this contractor, and they are familiar with our area for
snow removal as per our specs. There is a price increase over last year, but
it is within reason.
The increase is eiDht percent over last year.
Respectful ly,
Public Works Director
RAM/jcn
CITY OF MOUND
Mound, Minnesota
October 17, 1977
COUNCIL MEMORANDUM NO. 77-319
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Snow Plowing Bid
Attached is a copy of the one Snow Plowing Bid received.
Leonard L. Kopp
October 18th Agenda Item # 3
685
infon~lities.
right to reject any and alt
, and wa'ire any
Tha successful bidder will send the bill for abova service to the City
on a monthly basis.
These bids are to be firm for the 1977-1978 winter snow removal season.
EQUI~4~JT & OPE,~TOR Hourly Rate
Front End Lo~ders: (P Or ~½ yd bucket) Per Hour
Trucks:
Single §xle, 5 yd box.
Tandem axle, 10 yd box.
List all other equipment to be used for parking lot snow removal,
hourly rate w{th o~erator.
t o' /
Contra ctor._/.~.
Address
ON LAKE ldlNNETONKA INDIAN BURIAL MOUNDS
5341 MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364. (612) 472-1155
October 17, 1977
Mr. Curtis A. Pearson
1100 First National Bank Building
Minneapolis, MN. 55402
Dear Curt:
Attached is a copy of a letter from the Engineer on what
appears to be an assessing error.
Is there a method of rectifying the 1968 assessments?
Sincerely,
Leonard L. Kopp
City Manager
LLK/ms
Encl.
cc: City Council
683
OMBS-KNUTSON ASSOCIATES, INC.
October 12, 1977
Mr. Leonard Kopp
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota
55364
Subject:
Assessments
Street Improvement, Lot 6 & 7, Block 12
Woodland Point
Dear Mr. Kopp:
Mr David Fenner, who owns lots 6 & 7, Block 12, Woodland
Point, has called me regarding his assessment for street
improvements on Gull Lane. Mr. Fenner stated that he was assessed
for 80' of frontage when actually only 64' of the street was
constructed on his property. We have checked this in the field,
what Mr. Fenner is saying is true. The street improvement
abutting Mr. Fenners property tri~dinto the 1968 street project
16' South of Mr. Fenner's North property line. Therefore only
64' of new street and curb and gutter were constructed abutting
Mr. Fenner's Property in the latest project.
We have checked the 1968 assessments for that year's
improvement and found the Mr. Fenner's property was not assessed
at all at that time.
Mr. Fenner may be entitled to a deduction in his assessment
of 16' of footage at $4.96 per foot or $79.36. However, if he
had been assessed in 1968 for the 16 feet, the cost would have
been 16' @ 6.94 or $111.04.
If you have any questions on this or need additional
information, please call.
Very truly yours,
McCOMBS-KNUTSON ASSOCIATES,· INC.
Lyle Swanson, P.E.
LS:ts
12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 559-3700.
22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 879-8029
SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (,507) 532-5820
printed on recycled paper
682
CITY OF MOUND
Mound, Minnesota
October 14, 1977
COUNCIL MEMORANDUM NO. 77-317
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Street Hearings
At the October 18th meeting, the Public Hearing for the
Island Park Streets is scheduled at 7 P.M. This project's
preliminary report is with Council Memorandum 77-277.
In addition, the following hearings were continued until
October 18th:
Langdon Lane - Council Memorandum 77-196
Langton Heights-Beachwood - Council Memo. 77-195
Tonkawood East & West - Council Memo. 77-136 &
77-267(Pg.114)
Three Points - Avocet thru Gull - Council Memo. 77-227
680
CITY OF MOUND
Mound, Minnesota
October 13, 1977
COUNCIL MEMORANDUM NO. 77-316
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Watermain - Balsam & Spruce
On October 18, the CounCil will have the Public Hearing
on the Island Park Streets and at the same time have the
continued hearings on other street projects - Three Points,
Tonkawood, Langdon Lane and Langdon Heights-Beachwood, etc.
When the Tonkawood Project is considered, the Council may
want to consider the relocation of the watermain on Balsam
and Spruce and instruct the Engineer to include it with
the street plans.
679
5341 MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
September 13, 1977
TO:
FROM:
SUBJECT:
Public Works Director
Water Foreman
Relocation of water main on Balsam and Spruce Rd.
With the proposed atom sewer and road improvement project pending in the
Balsam and Spruce Road area, serious consideration should be given to the
relocation of the present water main.
If you refer to the attached drawing you can see the problems that could
arise. The present six inch main is routed off the street and through the
properties at 552h and 5510 Spruc% Road. This is one of the oldest mains
in Mound, which may present many .wroblems in the future with main breaks.
In 1976 we had one on Balsam Road and one on Spruce Road. As my drawing
illustrates~ there w~s a break in front of 5524 Spruce a few years ago.
This break was d~ring the summer and caused no damage'to the house. Had
there been frost in the ground with the main on!ythree feet from the
foundation the damage could have been very costly. The homeowners are very
concerned and have previously asked that somethin9 be done about relocation
of this main.
My proposal is to relocate a six inch ductile main startin9 at a point 28'
N.W. of the curb box for 55th Spruce Road. It would run from this point
117' to the intersection of Spruce Road then north on Spruce Road for approx-
imately 260' to the point of intersection ~ith th~ cast iron six 'inch main
wh~re' it leaves the. properties and returns to the street right of way.
I would also recommend the replacement of the fire hydrant at ~510 Spruce
Road. The present hydrant is the old style with a four inch opening and
only 2 - 2½" hose connections. The nw~ hadrant will be a Waterou~ Pacer
with a five inch opening, two - 2½" and a steamer connection. This will
allo,~ the Mack Fire Units to hook up and afford more ~ater for fire
678
CITY OF MOUND
Mound, Minnesota
October 13, 1977
COUNCIL MEMORANDUM NO. 77-312
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Bingo Permits
Attached are copies of 2 applications; one from the Mound
Fire Department Auxiliary to conduct a Bingo game on Novem-
ber 15, 1977 and the other from the ~innetonka Legion Post
~9~ to conduct a Bingo game on November 5, 1977.
It is recommended that the permits be granted and the
bond waived.
Leonard L. Kopp
677
CITY OF MOUND
APPLICATION FOR BINGO PE~,iIT
(12 an organization, give organization name)
Address of where Bingo will be played
~tes and Hours Bingo will be played ~0%, I~ ~ ~q~
e
(At6ach separate sheet if more room necessary)
Is License Fee attached? Yes No ~ Amount
Fidelity Bond:
(a) Amount
(b) Name of Bonding Company.
(c) Expiration Date of Bond
* (Minimum $10,000.)
* Note:
Fraternal, religious, veteran and other non-profit organizations
may request the Bond to be waived. Please indicate below if you
are making such a request.
676
CITY OF MOUND
APPLICATION FOR BINGO PERMIT
Date /~ J / ~ ?7
1. Name of Applicant ~'/./~L~ ~~-.~ ~ ~'
(If an organization, give organization name)
~ "" ' '"~ /?~ ~o
2. Address ~e'~~'c~ Phone No. 3
Address /- ~ ~ ;.: .
4. Address of where Bingo will be played ~~---X~-~?, m.j~
5. Dates and ~ours Bingo will be played ~/~:,';, ~ .~
' ~.
(Attach separate sheet ~f more room necessary)
6. Is License Fee attached? Yes No ~mount
7. Fidelity Bond:
(a) Amount
* (Minimum $10,000.)
(b) Name of Bonding Company
(c) Expiration Date of Bond
*Note:
Fraternal, religious, veteran and other non-profit
organizations may request the Bond to be waived.
Please indicate below if you are making such a request.
,",,Big~nature df person making application
675
CITY OF MOUND
Mound, Minnesota
October 13, 1977
COUNCIL MEMORANDUM NO. 77-313
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Tax Forfeit Land
The County is in the process of straightening out their
tax forfeit land list. In doing so, we have found some
parcels that we have requested in the past and not received
a deed from the County. The best way to overcome this is
to make a new request.
The following items should be requested:
Arden - Lots 1-9, Incl., Block 13, for Park purposes.
Plat 37730 Parcels 6800, 6825, 6850, 6875, 6900, 6925,
6950, 6975 and 7000.
Devon - Lots 7, 8 & 9, Block 25, for Wetlands
~ Plat 37870 Parcels 8860, 8880 and 8890
Auditor's Subdivision 167 - Lot 35; Plat 61250 Parcel 6800
LafayettePark - Plat 61690 Parcels 8900 - All
87O0,
88O0,
part of Lot 29 - Take for Wetlands
The following undersized lot held off sale is recommended
to be sold;
Lot 21, Block 7, Arden has 5,782 square feet - Plat 37730
Parcel 3825; is zoned for 6,000 square feet.
The following lot, for some reason being held, is recommended
to be released for sale.
Lot 4, Block 7, Arden - has 8,000 square feet - Plat 37730
Parcel 2680; is zoned A-2, 6000 square feet.
Lots to be held off sale - too small to build on:
Devon - Lot 1, Block 15 has 4360 square feet - Need 6,000 sq.ft.
[Arden - Part of Lot 24, Block 5 has 2,000 square feet - Need
6,000 square feet Plat 37730 Parcel 2665
Lot 6, Block 7 has 4,800 square feet Need 6,000
Plat 37730 Parcel 3450
~,~_ Lot_~ 9, Block 5 has 4,250 square feet - Need 6,000 Parcel
4375
--Lbonard L. Kopp ~' 8
17
st,
Mor~h
Map 1
ELMER J- PETERSON
COUNTY ~-URYEYOR
fiENNEPIN COUNTY. MINN.
IS 8-61 , Chk4 b~ 8L
Map
672
Map 3
I "'"'"'"' '"
83 ~'
~ ~:~'TI~::~ON
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670
CITY OF MOUND
Mound, Minnesota
October 11, 1977
COUNCIL MEMORANDUM NO. 77-311
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Sidewalks
The Council has received a preliminary report on side-
walk replacement.
If the Council wishes to proceed with the project, they
should accept the report and call a public hearing if it
is the Council's intent to assess the project.
Recently one of the walks was repaired by the abutting
property owner--the area in front of Lot 5 and Part of
Lot 6, McNaught's Addition.
The Council discussed the possibility of assessing re-
placed sidewalks on a 50/50 basis.
Resolution required at this time is: Acceptance of the
report and call for a public hearing.
~L. Kopp
669
CITY OF MOUND
Mound, Minnesota
October 13, 1977
COUNCIL MEMORANDUM NO. 77-315
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Voting Equipment
Attached is a letter from the Computer Election Systems
relative to the election equipment Mound uses.
On Page 2, they discuss a bill (SFl186) now before the
State Legislature that would outlaw electronic and punch
card voting systems.
The passage of this bill (SFl186) would be "quite a blow"
to Mound and other Cities such as Spring park, Wayzata and
Minnetonka who have committed themselves to the punch card
system.
It is recommended that the Council by Resolution request
Representative Jude and Senator Pillsbury to oppose the
bill presented (SFl168) ; especially since it has worked
so well for Mound.
The following resolution is suggested:
RESOLUTION OPPOSING SFl186 - A BILL
TO OUTLAW ELECTRONIC AND PUNCH CARD VOTING
SYSTEMS
WHEREAS, Mound has for four years successfully conducted
elections using punch card voting and electronic
counters, and
WHEREAS, the City of Mound has invested considerable money
into the election system,
NOW, THEREFORE, BE IT RESOLVED by the City Council of~ Mound
That Senator Pillsbury and Representative Jude be
requested to resist the passage of SFl186 with all
their vigor.
Leonard L. Kopp ~ ~
CC:
Senator Pillsbury
Representative Jude
668
OOMF~UTER EL~:CTI[])N SYSTEMS 7300 FRANCE AVENUE SOUTH. M!NNEAPOUS. ~N 55435 (612) 831 -5868
October 7, 1977
Dear CES Customers in Minnesota:
This short memo is intended to accomplish two things: First,
to remind you of what supply items you may fi'nd necessary to
reorder for 1978, and second, to ask for your continued sup-
port of the punch card system within the State.
Listed below are the items that should be reviewed and
reordered if necessary:
Part No.
Description.
Unit Cost
1262 Yellow Masks-Unpunched $ .35 each
1601 Numbered Lead Wire Seals .10 each
1600 Plastic Padlock Seals-Numbered .10 each
1280 Crimp Hinges 50.00/m
1633-Y Yellow Demonstrator Cards 18.95/m
1291 Pink Duplicate Cards 19.00/m
'1261 Templates 3.00 each
1329 Stylus Rubber with Chain 3.25 each
1614 NEW Minnesota Primary Envelopes 22.50/m
1614 NEW Minnesota General Envelopes 22.50/m
1646 Ballot Layout Forms 5.00/pad
1621-1 Voter Instruction Pamphlets 25.00/m
Ballot cards should also be bUdgeted for, allowing for 3 to 5
cents each, depending upon the quantity ordered.
If there are any questions concerning supplies, please feel
free to contact me.
You will find, enclosed, the NEW Minnesota Primary and General
Ballot Envelopes which meet the state's requirements.
667
- 2 -
II.
As you all know, CES has fought an uphill battle in gain-
ing recognition in Minnesota, and this would not have
been accomplished without your support and the work of
my predecessor, Ed Lellbach.
You will find, attached, a bill proposed by Senator
Steve Keefe (Minneapolis) and Representative Osthoff
(St. Paul) to not only outlaw the sale of new voting
equipment, but also replace all such equipment at a
later date.
I have been assured by Connie Waterous'at the League of
Minnesota Cities that such a bill has little chance of
being passed, but it was suggested that I ask the users
and potential users of punch card to contact their local
legislators and also members of Senator Steve Keefe's
Elections Committee so that they more clearly understand
the issues.
Please feel free to comment on statements against punch
card that it is "confusing to the voter", and that "move-
ment of the ballot cards to the counting center allows
for possible fraud".
Attached is a list of names and addresses of Committee
Members.
Your continued support has been greatly appreciated by
Kay Kettwig and me since we started with CES a few months
ago.
I hope that I can continue to serve you from my home in
the Twin Cities Area.
Very truly yours,
COMPUTER ELECTION SYSTEMS
Bill Nelson
Sales Representative
ep
Attachments
666
-' £2756
Messrs. Keefe, S.; Gearty; Stokowski; Schaaf and Jensen introduced--
S. F. No. 1186:
Refel~fed to the Committee on ELEGT~ON$
A btli for an act
3
5
6
relating to elections) providing that the
secretary of state prescribe voting eouipmentl
prohibtttn~ certain equipment) amending ~inmesota
Statutes 1976, Section 206.08w by adding
subdivisions,
7
B BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ~INr~ESOTA:
g
Section 1. Minnesote Statutes lg7b~ Section 206.06~ is
10 ~mended by addinQ subdivisions to read:
Subd. 5, No municioaltty or county mO~--~vide for the
use of votin_~_~ machfnesw ~ electronic vctin9 svs,em or a
~punch card v~tin9 syst~ efter the effective date of th~s
act, A municipality or county that mrevtously ~rovided for
the use of voting machtnes~ an electronic voting system or a
16 punch card vcttnq system may continue to use it until it
17 must be remlaced,
16 $ubd, 6. The secretary of state shall prescribe a
~9 ~aper ballot system that uses ballots that may be tabulated
20 by an optical scanntnO device. A mumici~alitv or county may
the system prescribed by the secretary ~( state. The
22 eouiPment shall be approved in accordance with ~ect(on
23 2D6.06,
~756
Sec,
enactment,
Th~s act ~s effective the day follo~ng f~nal
664
CES Corporation
REPORT '76
Berkeley, California 1~4710
415/527-5150
In the General Election held on November 2, 1976, 20% of the votes were cast on
the VOTOMATIC vote recorder.
The VOTOMATIC system was used by 356 Jurisdictions in 29 states. In the previous
Presidental Election of 1972 there were 180 Jurisdictions in 14 states using the
system.
1976 marked the twelfth year of punchcard elections since the system was introduced
in 1964. Since 1964, there have been over 150 million ballots cast on VOTOMATIC.
vote recorders.
This election marked the first major use of the CES Precinct Ballot Counter (PBC).
Thirty-two jurisdictions successfully conducted ballot counting with PBC's, including
nearly 2300 precincts in Cook County, Illinois. The 1976 election season also marked
the initial installation of the Election Management System designed for computerized
administration of an election department's activities, including voter registration.
Eleven million ballots or 66% of the VOTOMATIC ballots were processed by CES
computer equipment. CES software services were used by 85 Jurisdictions on a variety
of computer equipment including IBM, NCR, Honeywell, Burroughs, and Univac.
The following is a recap of CES' punchcard voting in.the United States for
November 2, 1976:
29
356
37,501
21,526,587
16,666,446
32
124
14
8
States using the VOTOMATIC vote recorder
Voting Jurisdictions
Total Precincts
Registered Voters
Votes Cast
Jurisdictions using the Precinct Ballot Counter
Jurisdictions using the Ballot Tab
3urisdictions using the Alphabetic Ballot Tab
Jurisdictions using the Ballot Multiplexor System
The table below shows the VOTO~TIC vote recorder usage by registered voters on
November 2, 1976.
REGISTERED VOTERS
NUMBER OF JURISDICTIONS
Under 10,000 81
10,000 - 25,000 90
25,001 - 50,000 92
50,001 - 100,000 48
100,001 - 250,000 31
250,001 - 500,000 7
Over 500,000 7
663
following
STATE
a $~mmary of the VOTOMATIC system used in each State with pertinent
NUMBER OF TOTAL TOTAL TOTAL
JURISDICTIONS PRECINCTS REGISTERED VOTERS BALLOTS CAST
Arizona
Cali~ornia
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Maine
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
North Carolina
Ohio
Oregon
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
West Virginia
Wyoming
13 835 756,881 591,204
21 15,553 6,073,759 4,795,724
6 585 374,741 317,521
5 553 801,274 633,607
10 532 942,000 668,614
13 430 338,864 276,529
20 4,214 2.397,682 1,880,868
19 690 459,298 340,206
2 12 21,000 17;600
34 233 647,544 550,246
60 1,520 1,199,962 942,082
26 308 318,219 261,546
2 114 113,502 74,626
3 636 686,247 573,689
4 127 85,398 52,242
3 275 130,556 93,308
4 466 209,823 177,513
4 227 119,033 107,183
5 85 124,722 88,534
23 3,894 1,749,225 1,322,952
18 1,321 927,154 688,123
8 294 284,675 215,700
10 255 254,920 166,007
13 584 704,038 551,190
2 177 87,358 63,629
1 9 11,556 7,600
18 3,103 1,495,903 1,045,234
3 285 113,859 82,058
6 184 97,394 81,111
662
CITY OF MOUND
Mound, Minnesota
October 14, 1977
COUNCIL MEMORANDUM NO. 77-314
TO: The Honorable Mayor and City Council
FROM: The City Manager
SUBJECT: Public Health Nursing Service
Attached is a proposed Joint Powers Agreement to join with
other Communities in forming a Suburban Nursing Service
Group.
In September, see CM 77-295 (Pg. 443), the Mound Council voted
to subscribe to the present Suburban Nursing Service after it
incorporates. If the Joint Powers Nursing Service goes ahead
like it appears that it will, they in all probability will
contract with the incorporated Suburban Nursing Services.
To this date, the signed agreement pledging 35¢ per capita
has not been sent to SPHNS, and if we joint the proposed Joint
Powers group, it appears that we should somehow protect our-
selves so we don't contribute to two groups. This could be
done by amending Resolution 77-439 so'that Mound would be
contributing to only one Nursing Service. A copy of Resolu-
tion 77-439 is attached.
If the Council wishes to enter the Joint Powers Agreement,
the following actions should be taken:
By Resolution establish the City Council as the
Board of Health.
By Resolution authorize the Mayor and Manager to
sign the Joint Powers Agreement.
By Resolution appoint a Director to the Joint Powers
Board of Directors.
At the meeting held October 8, it appeared that cities repre-
senting a total population of between 150,000 and 200,000
population would sign the Joint Powers Agreement. Only one
City (Dayton) was negative to the agreement. Probably two or
three other small cities will not join, although St. Boni
has already signed the agreement.
~---Le0~ard L. Kopp Y/
661
October 12, 1977
TO:
FROM:
SUBJECT:
Managers and Administrators of cities Served by SPHNS
Jack Irving,'City Manager of Crystal; Member, Interim
Community Health Services Advisory Committee
Suburban Public Health Nursing Service
As a result of a meeting held October 8 with representatives of
concerned communities, the following substantive changes were
made:
Page 2, Subdivision 4 - modified to permit member-
ship by city partly within Hennepin County.
¸2.
Page 3, Section 2 - minimum membership raised to
100,000.
Page 8, Section 3 - pro rata share of interim bud-
get to be decided by board of directors.
There are other changes that were editorial in nature.
As I suggested at that meeting, I am sending you an updated draft
of the above-mentioned Joint Powers Agreement. It is my opinion
and the opinion of those present at the meeting that with these
changes, it is now ready to submit to your councils for approval.
As was suggested in our last communique to you, please return
the executed copies to me. When we have sufficient number, I
will contact the Mayor of the largest community, which is a con-
dition of the Joint Powers Agreement, to call a meeting in order
to organize.
Your prompt attention to this matter would be greatly appreciated.
As you know, SPHNS goes out of business effective December 14,
1977.
JTI/da
enc.
J. T. Irving
City Manager, Crystal
669
JOINT AND COOPERATIVE AGREEMENT
ARTICLE I.
PARTIES
The. parties to this agreement are governmental units of the
State of Minnesota. This agreement is made pursuant to Minnesota
Statutes,'Section 471.59, as amended, and Minnesota Statutes, Sections
145.911 to 145.922.
ARTICLE II.
GENERAL PURPOSE
The purpose of this agreement is to establish an organization
to provide, to the extent permitted by law, community health
nursing services and home health services in the participating
governmental units.
ARTICLE III.
NAME
The name of the organization established by this agreement is
the SUBURBAN HEALTH NURSING SERVICE. The name may be changed in
accordance with Article XII.
ARTICLE IV.
DEFINITIONS
Section 1. Subdivision 1. In this agreement the terms defined
in this article have the meanings given them.
Subd. 2. "Act" means Minnesota Statutes, Section 471.59 (the
Joint Powers Act) and 145.911 to 145.922 (the Community Health
Services Act), collectively.
Subd. 3. "Board" or "Board of Directors" means the Board of
Directors established by Article VII.
Subd. 4. "City" means a city located in whole or in part in
Hennepin County, Minnesota.
Subd. 5. "Council" means the governing body of a city.
Subd. 6. "Member" means a city which is a party to this agreement.
Subd. 7. "Community health nursing services" and "home
health services" have the meanings given those terms by the Act.
Subd. 8. "Service" means the Suburban Health Nursing Service,
the joint and cooperative organization created by this agreement.
Subd. 9. ':Statutory cities" means cities organized under
Minnesota Statutes, Chapter 412.
ARTICLE V.
MEMBERSHIP
Section 1. Any city in Hennepin County which has complied
with the provisions of Section 145.913, Subdivision 2, of the Act
may be a member of the Service.
Sec. 2. A city desiring to become a member shall execute a
copy of this agreement and conform to the organizational provisions
of Article VI.
Sec. 3. The initial members shall be those members who become
members on or before December 1, 1977.
Sec. 4. A city desiring to become a member after December 1,
1977 may be admitted only upon the favorable vote of two-thirds of
the votes of the members of the Board of Directors. The Board
may in its by-laws impose conditions on the admission of additional
member s.
-2-
658
Sec. 5. A change in the governmental bomndariess structure,
classification or organization of a city does not affect the
eligibility of a city, otherwise eligible under section 1, to
become or remain a member.
ARTICLE VI.
ORGANIZATIONAL MATTERS
Section 1.~. A city may become a member by proper execution of
a copy of this agreement pursuant to authorization by resolution
of its City Council. The clerk or other appropriate officer of
the city shall file the executed copy of the agreement, together
with a certified copy of the authorizing zesolution with the city
manager of the City of Crystal, Minnesota. The resolution authorizing
the execution of the agreement shall also designate the city's first
director on the Board.
Sec. 2. This agreement is effective on the date when executed
agreements of cities whose population totals 100,000 have been filed
as provided in section 1.
Sec. 3. Within 30 days after notification by the city manager
of Crystal of the effective date of this agreement, the Mayor of
the member having the largest population shall convene the first
meeting of the Board, which meeting shall be held within 15 days
thereafter. ~
Sec. 4. The first meeting of the Board shall be the organizational
meeting of the Service. At the organizational meeting and at each
annual meeting thereafter, the Board shall select from among the
directors a chairman, a vice-chairman and a secretary-treasurer,
who shall serve until the first annual meeting of the Board.
657
Sec. 5. At the organizational meeting, or as soon thereafter
as it may reasonably be done, the Board shall adopt by-laws
governing its procedures, including the time, place, notice for
and frequency of its regular meetings, procedures for calling sPecial
meetings, and such other matters as are required by this agreement.
The Board may amend the by-laws from time to time. The Board shall
meet at least.once each year and at such other times as may be
provided in the by-laws.
ARTICLE VII.
GOVERNING BODY: BOARD OF DIP~CTORS
Section 1. The governing body of the Service is its Board of
Directors. Each member is entitled to one director on the Board.
Each director is entitled to one vote on the Board.
Sec. 2. A director shall be appointed by resolution of the
City Council for a term of one year, beginning on January 1 and
terminating on December 31. The terms of directors appointed by
initial members shall expire on December 31 of the year foilowing
their appointment. Directors shall serve until their successors
are appointed and qualify. Directors shall serve without compensatio9
from the Service, but a member may compensate a director for service
on the Board if such compensation is otherwise authorized by law.
Sec. 3. The Board may provide in its by-laws for the appointment
of alternate directors and prescribe the extent of their powers and
duties.
Sec. 4. Vacancies in the office of director exists for any of
the reasons set forth in Minnesota Statutes, Section 351.02, or upon
-4-
656
a revocation of a director's appointment by a member duly filed with
the Service. Vacancies shall be filled by appointment for the
unexpired portion of the term of director by the council of the
member whose position on the Board is vacant.
Sec. 5. A majority of the votes of the Board of Directors
constitutes a quorum, but a smaller number may adjourn from time
to time.
ARTICLE-VIII.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. The powers and duties of the Board of Directors
of the Service are set forth in this Article.
Sec. 2. The Board may make such contracts and enter into
such agreements as it deems necessary to make effective any power
granted to the Service by this agreement. It may contract with
any of its members or others to provide space, services or materials
on behalf of the Service.
Sec. 3. It may provide for the prosecution, defense,"or other
participation in actions or proceedings at law in which it may have
an interest, and may employ counsel for that purpose. It may employ
such other persons as it deems necessary to accomplish its powers and
duties. Such employees may be on a full-time or part-time, or
consulting basis as the Board determines, and the Board may make any
required employer contributions on behalf of its employees which
cities are authorized or required to make by law. The Board may
designate a member to contract for services or purchases an its
behalf. The Service shall have no taxing power. The Board may
accmmulate reserve funds and may invest and re-invest funds not
needed for current expenses in the manner and subject to the
limitations applicable by law to statutory cities. The Board may
incur obligations in excess of funds then available to Service.
Sec. 4. The Board shall make a financial accounting and report
to the members at least once each year. The books and records of
the Service shall be open and available for inspection by members
at all reasonable times.
Sec. 5. The Board may accept gifts, apply for and use grants
of money or other property from members from agencies of the state
or federal governments or from other governmental units or
organizations, and may enter into agreements required in connection
therewith, and may hold, use, and dispose of such moneys or property
in accordance with the terms of the grant, gift or agreement relating
thereto.
Sec. 6. The Board shall establish the annual budget for the
Service as provided in Article X.
Sec. 7. The Board may, in its by-laws, establish an executive
committee and may delegate duties and authority to such a committee
between Board meetings.
Sec. 8. The Board may purchase public liability insurance
and such other security bonds and insurance as it may deem necessary.
Sec. 9. The Service, and its Board of Directors, shall have
and may exercise all powers relating to the provision of community
health nursing services and home health services which have been
granted to local boards of health pursuant to Section 145.914 of
the Act.
-6-
65 ,
Sec. 10. The Board may exercise any oh%er power necessary
and convenient to the implementation of the powers and duties
given to it by this agreement.
ARTICLE IX.
OFFICERS
Section 1. The officers of the Board are a chairman, a vice-
chairman, and a secretary-treasurer, elected by the Board at the
annual me'ting, for a term of one year and until their successors
are elected and qualify. New officers shall take'office at the
adjournment of the annual meeting at which they were elected. An
officer must be a duly qualified and appointed director.
Sec. 2. A vacancy in the office of chairman, vice-chairman,
or secretary-treasurer shall occur for any of the reasons for which
a vacancy in the office'of director shall occur. Vacancies in these
offices shall be filled by the Board for the unexpired portion of
the term.
Sec. 3. The chairman shall preside at all meetings of the
Board. The vice-chairman shall act as chairman in the absence,
disqualification or disability of the chairman.
Sec. 4. The secretary-treasurer is responsible for keeping a
record of all the proceedings of the Board, for custody of all funds,
for keeping of all financial records of the Service, and for such
other duties as may be assigned to him by the BOard. Persons may be
employed to perform such services under his supervision and direction
as may be authorized by the Board. The secretary-treasurer shall post
a fide%ity bond or other insurance against loss of Service funds
653
in %he amount specified by the Board. The cost of such bond or
insurance shall be paid by the Board. The Board may provide for
compensation of the secretary-treasurer for his services.
ARTICLE X.
FINANCIAL MATTERS
Section 1. The fiscal year of the Service is the calendar
year.
Sec. 2. Service funds may be expended in accordance with the
procedures established by law for statutory cities. Orders, checks,
drafts shall be signed by the chairman and countersigned by the
secretary-treasurer or such other person as may be designated by
the Board in its by-laws. Other legal instruments shall be
executed on behalf of the Service by the chairman and the secretary-
treasurer. Contracts shall be let and purchases made in accordance
with the procedures established by law for statutory cities.
Sec. 3. The activities of the Service shall be financed by
funds available to the Service under Article VIII, and as Provided in
this section. The amount of operating funds necessary for the
fiscal year 1978 and for that portion of the fiscal year 1977 in
which the Service is established shall be established by the Board
at its organizational meeting and set forth in an interim budget
adopted at that meeting. Each member shall be responsible for its
pro rata share of the interim budget costs based upon a per capita
charge as determined by the Board.
Sec. 4. An annual budget shall be adopted by the Board at its
annual meeting. Copies of the budget shall be mailed promptly to
the chief administrative offices of each member. The budget is
652
deemed approved by the members except a member which has given
notice of withdrawal in accordance with Article XI.
Sec. 5. The Board in its by-laws shall establish a procedure
for preparation of the annual budge~ and %he prompt collection of
funds due and owing from members. The budget procedure shall
provide that the budget be made available to members no later than
June 1 of each year.
ARTICLE XI.
DURATION AND DISSOLUTION
Section 1. The Service shall exist, and this agreement is
in effect, for an indefinite term until dissolved in accordance
with section 3 of this Article.
Sec. 2. A member may withdraw from the Service by filing a
written notice with the secretary-treasurer by June 1 of any year
giving notice of withdrawal at the end of that calendar year; and
membership shall Continue until the effective date of the withdrawal.
A notice of withdrawal may be rescinded at any time by a member.
If a member withdraws before dissolution of the Service, the member
shall have no claim on the assets of the Service.
Sec. 3. The Service shall be dissolved whenever the
withdrawal of a member reduces total membership in the Service to
less than the number of members required for organization of the
Authority under Article VI, Section 2. The Service may be dissolved
at any time by unanimous vote of all the members of the Board of
Directors.
Sec. 4. In the event of dissolution, the Board shall determine
the measures necessary to effect the dissolution and shall provide
for the taking of such measures as promptly as circumstances permit,
subject to the provisions of this agreement. Upon dissolution of
the Service all remaining assets of the Service, after payment of
obligations, shall be distributed pro rata among the then existin~
members ~nd in accordance with procedures established by the Board.
The Service shall continue to exist after dissolution for such
period, no longer than sJ_x months, as is necessary to wind up its
affairs, but for no other purpose.
ARTICLE XII.
TRANSITIONAL AND MISCELLANEOUS MATTERS
Section 1. The name of the organization created by this
agreement may be changed when deemed appropriate by the Board,
but only upon a 75% majority vote of the Board of Directors taken
at a regular meeting of the Board. If the name of the organization
is so changed,~ the Board shall provide in its by-laws for necessary
measures to effect the change in official and unofficial documents,
papers, and other essential respects.
Sec. 2. It is the intention of the parties to this agreement
that the organization created thereby is the successor to the
Suburban Public Health Nursing Service now in existence, pursuant to
Minnesota Statutes, Sections 145.08, Subdivision 3, and 148.12,
Subdivision 2. -It is further the intention of the parties that any
funds made available to the organization created by the agreement
from assets of the present Suburban Health Nursing Service shall be
used exclusively for the purposes of this agreement.
-10- 650
IN WITNESS WHEREOF, the undersigned city has caused this
agreement to be executed by its duly authorized officers and
delivered, together with its authorizing resolution, on its behalf.
By
Its Mayor
By
Its (Clerk) (Manager)
Dated: , 1977.
Filed in the office of the City Manager of the City of Crystal, this
day of , 1977.
John T. Irving
City Manager
City of Crystal
649
77-439
9-27-77
RESOLUTION NO. 439
RESOLUTION RELATING TO tlEMBERSH1P IN THE
SUBURBAN PUBLIC HEALTH NURSING SERVICE, INC.
Mr. Benjamin Withhart introduced the following resolution and moved
its adoption.
WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12,
a Public Health Nursing District was organized and has been
operational since 1952, and
WHEREAS, pursuant to the Community Health Services Act of 1976, the
Suburban Public Health Nursing Service, provider of Public
Health Nursing Services within the nursing district, loses
statutory authority for continued operation as of December
14, 1977, and
WHEREAS, it is deemed necessary to continue the provision of Public
Health Nursing Services to residents of suburban Hennepin
County, and
WHEREAS, the Suburban Public Health Nursing Service is organizing as
a public not-for-profit corporation to ensure the continuity
of such services, and
~HEREAS, it is deemed necessary to provide Suburban Public Health Nurs-
ing Service, Inc. with adequate funds for its proper operation.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MOUND,
MOUND, MINNESOTA:
That this political subdivision be'included in the
membership of Suburban Public Health Nursing Service,
to be incorporated as of December 14, 1977; that it
participate in the benefits thereof; and that it agrees
to support on an apportionment basis its pro rata share
of the cost of the administration of such corporation
provided, however, that for the period January l, 1978
through December 31, 1978 this cost shall not exceed $.35
per capita and that said rate be applied to 1978 population
estimates of the Metropolitan Council.
BE IT FURTHER RESOLVED, that this resolution shall be deemed an
agreement to participate in such nursing corporation on
the basis hereinbefore specified'with all other political
subdivisions adopting similar resolutions.
The motion for adoptions of the above resolution was seconded by Thomas
Polston, Upon roll call,there were five (5) yeas and no nays.
I, Mary Marske, Clerk of the City of Mound hereby certify that the above
is a true copy of a resolution adopted by the governing body of the City
of Mound, in an official meeting on September 27, 1977.
77-439
9-27-77
648
CITY OF MOUND
Mound, Minnesota
October 14, 1977
COUNCIL MEMORANDUM NO. 77-318
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Well No. 5
Well No. 5 (Island Park) started pumping air.
well is needed,we went ahead with repairs.
Since this
A full report will be available for the Countil meeting of
the 18th.
¸'2
Leonard
L. Kopp ;'
ON gAl*CE: MINN~rrONKA INDIAN BURIAL. MOUNDlil
5341 MAMWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-11,55
October 13, 1977
TO:
FROM:
SUB3ECT:
Mr. Kopp
Public Works Office
Emergency Service to Well #5
The Water Dept. received a call from a resident on Wilshire Blvd. in Island
Park pertaining to air in their water lines. The Water Dept. checked out the
complaint and determined that the air had to be coming from Well #5, behind
the Briarwood Restaurant. The Public Works Dept..called George Boyer, the
City Water Engineer, to test the well for draw down. We found that the well
has no access hole to insert the test equipment.
Stevens Well Co. is presently working on our new Well #7, so we called for
Stevens to pull Well ~5 for emergency repairs, because that well is the only
water supply to Island Park in case we were to have a main break between
Emerald Drive and the Emerald Lake Bridge. We will also have an access hole
to ~ell ~5 installed at this time for future testing, this should have been
dona at the time this well was upgraded in 1970. Cost estimates will be fo~h
coming and will be submitted for Council review.
Respectfully,
Robert A. Miner
Public Works Director
/3cn
CITY OF MOUND
Mound, Minnesota
October 1t, 1977
INFORMATION MEMORANDUM NO. 77-181
TO: The Honorable Mayor and City
FROM: The City Manager
SUBJECT: Hospitalization Insurance
Council
The County has readvertized for bids
The following were accepted:
Hospitalization
Blue Cross
Employee
Dependent
Total
on health
1978
$44.14
70.86
$115.00
insurance.
Old Rate
1977
$35.74
77.90
$113.64
Physicians Health Employee
Plan Dependent
Total
$43.77
70.08
$113.65
$35.74
60.14
$ 95.98
Group Health Plan
Employee $33.75 $35.74
Dependent 59.85 42.64
Total $93.60 $78.38
MedCenter Health
Plan
Employee $44.68 $35.74
Dependent 66.75 52.12
Total $111.43 $87.86
Note: Mound Employees
Breakdown: 2 In Blue Cross
_----- 3 In Group Health
Balance in Physicians
Health
Under the plan offered the Public Works Union whereby the City
will pay 65% of the total, the City's comparable cost is:
1977 1978
City Employee City Employee
Blue Cross 68.22 57.90 82.40 44.38
Physicians Health 68.22 40.14 81.66 43.97
Group Health 68.22 22.64 64.50 40.88
~ Leonard L. Kopp
, 645
CITY OF MOUND
Mound, Minnesota
October 12, 1977
INFORMATION MEMORANDUM NO. 77-182
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Telephone Case
Curt Pearson has advised that our case will be before the
Public Service Commission at 11 A.M. Monday, October 17th.
~6nard L. Kopp' '
644
CITY OF MOUND
Mound, Minnesota
Oc%ober 13, 1977
INFORMATION MEMORANDUM NO. 77-183
TO: The Honorable Mayor and City Council
FROM: The City Manager
SUBJECT: O.E.D.P. Program
On the attached report from the Planner, it appears that
under (a) the water storage facilities would fit and under
(f) the street garage, fire station addition and police
building as well as park development.
If there is no objection from the Council, we shall proceed
to get the necessary preliminaries under way.
~L~onard L. Kopp
cc:
Planner
Public Works
Police
Fire
643
CITY OF HOUND
Hound, .~HJ~ nnesota
October 12, 1977
TO:
FROH:
The Honorable Mayor and City Council
Leonard L, Kopp, City Manager
Don Levens, City Plannerf"~-
SUBJECT:
Overall Economics Development Program (OEDP)
The Overall Economic Development Program (OEDP) is being jointly coordinated
by the City of Minnespolis and Hennepin County to gain designation of the
Economic Development Administra~ion(EDA) as a redevelopment area. The desig-
nation would allow Hennepin County and the City of Mound to apply for funding
through several EDA programs.
The EDA benefits are primarily to increase development and stimulate new employ-
ment opportunities through public improvements or the redevelopment of commercial
and industrial areas. The OEDP activities are designed to encourage and facil-
itate the Community Development Program, the Small Business Administration (SBA)
local capital improvement programs and/or the Housing & Redevelopment Authority
(see attached overview).
Hennepin County is encouraging local communities to participate within the OEDP
process. Unfortunately, the county is under time contracts to submit a program
document. The City of Mound is encouraged to develop possible projects. The
projects identified should include the description and rough cost estimates and
employment opportunities.
642
bo
do
ECONOMIC DEVELOPMENT
STRATION
Grants and Loans for Public Works and Development Facilities (Title I and Section 201)
Grants and loans to improve opportunities for the establishment or expansion
of industrial or commercial plant or facilities, to assist in the creation of
additional long-term employment opportunities or to benefit long-term employ-
ment and members of low-income families. Basic grants are for.public fac) l-
ities such as water and sewer s~stems, acc~'-'road~"t-~--~ustrial parks or
areas ....... ~-~_-.~ ............. ; ........... ;
, port ~ac~l~tles, public tourism facilities, vocational schools, flood
control projects, and site improvements for industrial parks.
Loans for Business and Development Companies (Section 202)
Low-interest long-term loans, loans and lease guarantees, loan and interest
subsidies for land acquisition and plant and equipment improvement in rede-
velopment areas that cannot be financed through banks or other private lend-
ing institutions. Also, capital loans and loan guarantees are available.
Special Economic Development Adjustment Assistance (Title IX)
Provides assistance to state and local areas to meet special needs arising
from actual or threatened severe unemployment caused by economic dislocation,
including unemployment caused by actions or regulations of the federal govern-
ment, economic adjustment problems resulting from severe changes in economic
conditions including "long-term economic deterioration."
Technical Assistance (Section 301)
Provides assistance to solve problems of economic growth through administra-
tive and demonstration projects grants, feasibility studies, management and
operational assistance, and other studies.
Planning Assistance (Development District Program: Redevelopment Area Plan)
~ection 302)
Provides up to 80 percent economic development planning grants to reduce un-
employment and increase incomes. Promotes comprehensive planning process
which includes analyzing the local economy, defining development goals, deter-
mining project opportunities and formulating and implementing a development
program.
Public Works Impact Projects
Promotes construction of public facilities to provide immediate jobs to unem-
ployed persons in designated project areas. EDA designation not required.
Redevelopment Area Loan Program (Section 204)
Interest-free loans to the Redevelopment Area for use in making loans to pub-
lic or private entities for industrial land assembly, land banking, acquisition
of surplus government property, acquisition of abandoned properities with re-
development potential, real estate development including redevelo ~ent and
rehabilitation of histroical buildings for industrial and commercial use, re-
habilitation and renovation of usable empty factory buildings for industrial
and commercial use, and other investments which will accelerate recycling of
land and facilities for job creating economic activity.
641
MINUTES OF REGULAR MEETING OF THE
BOARD OF MANAGERS OF THE
MINNEHAHA CREEK WATERSHED DISTRICT
September 15, 1977
The meeting was called to order on September 35, 1977,
by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall,
Wayzata, Minnesota.
Managers present:
Cochran, Lehman, Palmatier and
Russell.
Manager absent:
Williams
Also present were board advisors Holmquist and Macomber.
.A. pproval of Minutes
The minutes of the regular meeting of August 18, 1977,
were reviewed. Following discussion, it was moved by Lehman,
seconded by Cochran, that the minutes be approved. Upon vote,
the motion carried.
Suburban Hennepin County Area Vocational Technical Schools,
District 287, Renewal Permit for Grading and Drainage - Orono
and Medina; Application No..76-98.
The engineer recommended renewal of the Suburban
Hennepin County Area Vocational Technical Schools, District 287,
permit for grading and drainage, originally issued in 1976. Fol-
lowing discussion, it was moved by Russell, seconded by Lehman,
that the permit be renewed as recommended by the engineer. Upon
vote the motion carried.
Gregory Malik, 4908 Three Points Boulevard, Mound, Build
Retaining Wall in Lake Minnetonka; Application No. 77-41.
The engineer advised the managers that the application
of Gregory Malik to construct a retaining wall was in conformity
with the requirements of the district and recommended approval.
Following discussion, it was moved by Russell, seconded by Lehman,
that the application be approved as submitted as recommended by
the engineer. Upon vote the motion carried.
Lowell Johnson (Stone Ridge Trace), Grading for Single Family
Development '- Minnetonka; Appliqation No. 77-102.
The engineer advised the managers that %he application
for grading was in conformity with the requirements of the
district and recommended approval. Following discussion it was
640
September 15, 1977
Page Two
moved by Russell, seconded by Lehman, that the application be
approved as recommended by the engineer. Upon vote, ~_he motion
carried.
Saul Segal, 17915 Comstock Road, Minnetonka, Site Grading in
Wetlands Area; Application No. 77-103.
The engineer reviewed the application ior site grading
for a single- and multi-family development. The engineer advised
the managers that he had not been able to determine whether or
not the drainage plan submitted complied with the municipal drain-
age plan. The engineer also advised the managers that it was not
clear from the data provided that either the on-site ponding or
that off-site storage was adequate to serve the property. Fol-
lowing discussion, it was moved by Lehman, seconded by Russell,
that the application be tabled pending clarification of_compli-
ance with the municipal drainage plan and pending receipt of
additional data from the applicant to be provided to the
district's engineer. Upon vote, the motion carried.
Stanley Markson, Setback Variance on Lake Minnetonka -
Minnetrista; Application No. 77-104. ''
The engineer advised the managers that additional
data was necessary to evaluate the application. Following
discussion, it was moved by Russell, seconded by Lehman, that
the application be tabled. Upon wore, the motion carried.
Beth Jones & Associates, Build.a Residence, Lake Sumbra -
Victoria and La~e.~own T0wn~hipa. App~ication No. 77-105. //
The engineer advised the managers that additional
data was necessary to evaluate the application. Following
discussion, it was moved by Russell, seconded by Lehman, that
the application be tabled. Upon vote, the motion carried.
John R. Thomas, Tonka Bay Village, Lake Setback Variance
on Lake Minnetonka; Application No. ~77-106.~ · ~' -~
The engineer reviewed the application ~or a variance
from the Watershed District's lakeshore setback requirement,
and recommended approval of the application as submitted
based upon existing building patterns. Following discussion,
it was moved by Russell, seconded by Lehman, that the appli-
cation be approved as recommended by the engineer. Upon vote,
the motion carried.
Page Three
James Hunder, 5501 Sherwood Drive, Mound, and Michael Doshan,
5513 Sherwood Drive, Mound, Silt Removal - Harrison's Bay of
Lake Minnetonka, Maintenance Dredging and Riprap Shore;
Application. . Nos. 77-107_ and 77-108.. ...... '
The engineer reviewed the applications of James Hund~
and Michael Doshan to dredge around existing docks on their
properties and in an area adjacent to the docks to improve
navigational access. The engineer advised the managers that
the applicants also propose to install shoreline riprap to
stabilize the bank. Following discussion, it was moved by
Lehman, seconded by Palmatier, that the applications be ap-
proved as submitted. Upon vote, the motion carried.
Sherwood Properties, Minnetonka, Single-Family Development/
Involving Lot and Street Grading;.Application Ho. 77-109~.
The engineer reviewed the application for lot and
street grading of a single-family development and recommended
approval as submitted. Following discussion, it was moved by
Russell, seconded by Lehman, that the application be approved
as recommended by the engineer. Upon vote, th~r~ carried.
Hennepin County Department of Public Works, 1 etween~~
Essex Lane and Anglesey Lane, Mound - Road C6ns_truction;
APplication No.. 7.7-110.. . .
The engineer reviewed the application of the Hennepin
County Department of Public Works for road construction and
recommended approval of the application as submitted. Following
discussion, it was moved by Russell, seconded by Lehman, that
the application be approved as submitted. Upon vote, the motion~
carried.
Hennepin County Department of Public Works, Minnehaha Cree~/
Crossing between TH 7 and CSAH 3, Hopkins - Removal of j~r'ch
and Replace with Brid~e - Application No. 77-111. ' / ~
The engineer reviewed the application of the Hennepin
County Department of Public Works to remove an arch and replace
with bridge, a creek crossing between Trunk Highway 7 and County
State Aid Highway 3 in Hopkins. The engineer recommended approval
of the application as submitted. Following discussion, it was
moved by Russell, seconded by Lehman, that the application be
approved. Upon vote, the motion carried.
Methodist Hospital, 6500 Excelsior Boulevard, St. Louis Park,
'Develop 'Surface Pa~kin~ in Floodplain; Application No. 77-112.
The engineer reviewed the application of Methodist
Hospital to develop surface parking within'the floodplain of
Minnehaha Creek. The engineer advised the managers that the
638
September 15, 1977
City of St. Louis Park was in the process of adopting an amended
floodplain ordinance which would have %he effect of permitting
the proposed parking surface. Gerald R. Dokka appeared on behalf
of Methodist ~ospital and explained the project to the managers.
Mr. Dokka stated that plans and specifications for the project
had not been prepared at this time. Mr. Dokka also advised the
managers that the City of St. Louis Park has not reviewed or
acted upon the application. Following extensive discussion re-
garding the definitions in the proposed city ordinance as com-
pared with the Watershed District's definition of the floodplain,
and the restrictions upon development within the floodplain, it
was moved by Russell, seconded by Palmatier, that the application
be tabled pending submission of plans by the applicant and clari-
fication of the definitions in the proposed St. Louis Park ordin-
ance as they relate to the district's floodplain regulation.
Upon vote the motion carried.
Ervin Stobble, 315 Pineview Lane North, Plymouth, Grading and
Alteration of Cou~.ty 'Ditch - Gleason Lake; App%ication No. 77-113.
The engineer reviewed the application and indicated that
the applicant had not supplied sufficient data. Following dis6us-
sion, it was moved by Russell, seconded by Lehman, that the appli-
cation be tabled. Upon vote, the. motion carried.
Shorewood Homes, Inc., Grading and Drainage, Single-Family
Residence, Minnehaha Creek Floodplain -Minnetonka; Applica-
tion No. 77-114.
The engineer reviewed the application and indicated that
the applicant had not supplied sufficient data. Following discus-
sion, it was moved by Russell, seconded by Palmatier, that the
application be tabled. Upon vote, the motion carried.
David N. Helmers, 19610 Hillside Street, Deephaven, Fill
Needed Near Pond to Separate Proposed Culdesac; Application
No. 77-115. ~ ........ ~ ............. ~
The engineer reviewed the filling application and recom-
mended approval as submitted. Following discussion, it was moved
by Russell, seconded by Lehman, that the application be approved
as submitted as recommended by %he engineer. Upon vote the
motion carried.
Mildred Thacker, Ton.kd B. ay - Renewal of Permit No. 76-72.
Mrs. Mildred Thacker appeared before the managers and
requested an extension of permit no. 76-72 as the work authorized
by that permit has not been completed. Following discussion, it
was moved by Lehman, seconded by Russell, that the permit be ex-
tended for one year. Upon wore, the motion carried.
September 15, 1977
Five
''1978 Administrative Fund Budget Adoption.
The treasurer reviewed the administrative fund budget
worksheet, which had been previously distributed to the managers,
comparing budgeted and actual expenditures as of December 31,
1975, December 31, 1976, and July 31, 1977. The treasurer made
his recommendations for the 1978 budget. Following extensive
discussion, it was moved by Lehman, seconded by Russell, that
the 1978 administrative fund budget be approved as set forth
below:
District Operation and
Hydrological Data Collection:
1978'
Stream Gauging
Precipitation recording
Monitoring lake elevations
Data tabulation
Groundwater observation
Water quality measurements
6,000
8O0
1,000
2,000
1,000
3,000
Administration:
Secretarial, supply and mailings
Insurance
Accounting and auditing
Engineering, permit review
Engineering complaints and
violations
Legal Services
Managers' per diem & expenses
Publications
8,000
1,000
3,200
14,000
11,000
14,000
7,000
500
Special Projects:
Creek Improvement Projects
Upland Storage study
Other Cooperative Projects
21,500
3,000
15,000
Litigation
8,000
Contingency F~nd:
5,000
125,000
--0--
:i25,'000
TOTAL BUDGET:
Estimated Balance on December 31, 1977:
AMOUNT TO BE LEVIED
Upon vote, the motion carried..~
September 15, 1977
Page Six
Adoption of Annual Administrative Fu~d Tax ~evy ~Resolution.
Manager Lehman offered the following resolution and
moved its adoption, seconded by Russell.
RESOLVED, %hat a mill rate sufficient to produce
$125,000 be levied upon all taxable property in
%he Minnehaha Creek Watershed District, Number 3,
Hennepin and Carver Counties, State of Minnesota,
for the year 1978, for the purpose of paying the
administrative expenses of the district as pro-
vided by Laws of Minnesota, 1974, Chapter 513.
FURTHER RESOLVED, that the above mill levy be re-
duced to reflect the amount as determined by law
to be received in the year 1978 from the Commis-
sioner of Taxation, pursuant to Laws of Minnesota,
Extra Session, 1971, Chapter 31, Article XXI, as
amended.
The question was on the adoption of the resolution and there
were 4 yeas and 0 nays as follows:
COCHRAN AYE
LEHMAN AYE
PALMATIER AYE
RUSSELL AYE
WILLIAMS ABSENT
The chairman declared the resolution adopted.
Water Maintenance and Repair Fund.
Treasurer Russell stated that he had been advised by
the district's attorney regarding the authority of the district
to make temporary transfers or loans of funds in the Water Main-
tenance and Repair Fund to the district's Administrative Fund.
Treasurer Russell stated that temporary transfers or loans from
the special fund to the general Administrative Fund are permis-
sible only when strict conditions for the protection of the
integrity of the special fund exist, including (a) the borrowed
fund can be repaid from the proceeds of the current tax levy of
the same fiscal year in which the funds are borrowed; (b) .the
source of repayment of the fund is unquestionably sufficient to
repay the sum borrowed; (c) any temporary borrowing must not
result in any disadvantage to the special fund or impair its
integrity. Treasurer Russell also stated that any temporary
transfers or loans between the Water Maintenance and Repair Fund
and the general Administrative Fund of the district should be
reflected in the minutes of the meeting and the accountant di-
rected to make appropriate entries in the Administrative Fund
635
September 15, 1977
Page Seven
and Water Maintenance Fund accounts to reflect the temporary
borrowing of funds. Following discussion the managers directed
that any subsequent temporary borrowing from Water Maintenance
and Repair Fund monies, if any is authorized by the managers, be
accomplished in accordance with the principles set forth above
and that in each instance the m.~nutes reflect the temporary loan
and the accountant be d~rected to make appropriate entries in the
fund accounts to reflect the temporary transfer.
Adoption of Water Maintenance aqd Repair Fund Tax Levy Resolution.
Manager Lehman offered the following resolution and moved
its adoption, seconded by Russell.
RESOLVED, that a mill rate sufficient to produce
$15,000 be levied upon all taxable property in
the Minnehaha Creek Watershed District, Number 3,
Hennepin and Carver Counties, State of Minnesota,
for the year 1978, for the purpose of maintaining
a water maintenance and repair fund for the dis-
trict as p~ovided by Laws of Minnesota, 1974,
Chapter 187.
FURTHER RESOLVED, that the above mill levy be re-
duced to reflect the amount as determined by law
to be received in the year 1978 from the Commis-
sioner of Taxation, pursuant to Extra Session
Laws, 1971, Chapter 31, Article XXI, as amended.
The question was on the adoption of the resolution and there
were 4 yeas and 0 nays as follows:
COCHRAN AYE
LEHMAN AYE
PALMATIER AYE
RUSS ELL AYE
WI LLIAMS ABSENT
The chairman declared the resolution adopted.
Treasurer's Report.
The ~reasurer distributed his monthly administrative
fund report dated September 15, 1977, a copy of which is attached
hereto. The treasurer also distributed an amended page 1 of 4 of
his monthly administrative fund report, dated August 18, 1977.
Following discussion, it was moved by Lehman, seconded by Palma-
tier, that the report be approved and the bills paid as set forth
in that report and that amended page 1 of 4 of the August 18, 1977
report be approved and attached to the treasurer's report of
August 18, 1977. Upon vote, the motion carried.
634
September 15, 1977
Page Eight
The treasurer then distributed his monthly EPA grant
fund report, a copy of which is attached hereto. FolloWing dis-
cussion, it was moved by Palmatier, seconded by Lehman, that the
report be approved and the bills be paid as set forth in that
report. Upon vote, the motion carried.
Hydrological Data Program Status Report.
The engineer reported on the hydrological data collected
in connection with the August 31 rainstorm.
Headwaters .Control.. Structur~e Proj.ect.
The attorney reported on available hearing dates for con-
ducting a joint hearing with the DNR on the permit application for
the headwaters control structure. The managers reviewed a memoran-
dum from the attorney outlining the actions required to be taken by
the district prior to a hearing on the headwaters control structure
project. Following discussion, the attorney was directed to request
the DNR to set a hearing on the project in early January, 1978.
The draft management policy, prepared by the engineer, was
reviewed and discussed. President Cochran directed the engineer
and the attorney to meet with Manager Lehman as soon as possible in
order to incorporate suggested revisions and amendments to the
draft policy.
Proposed DNR Rules for Work in Public Waters.
The attorney reported that the Department of Natural
Resources commenced its hearing on the proposed rules for work
in public waters on September 7, 1977. On behalf of the Minne-
haha Creek Watershed District, a request for a continuance of
the hearing had been made prior to commencement of the hearing
and was renewed at the hearing by the attorney's office. The
Department of Natural Resources indicated its opposition to the
requested extension, but indicated that it would not object to
holding the hearing record open through October 11, 1977. The
hearing examiner did not rule on the request of the district,
but took the matter under advisement, since a second hearing
was scheduled for September 21, 1977. The examiner indicated
that he would ~ule on the request of the district at or follow-
ing the September 21 hearing. Following discussion, President
Cochran requested all managers to review the proposed rules and
forward comments to the district's engineer not later than
October 1, 1977, and that thereafter, the engineer and the
attorney coordinate preparation of written comments for submission
to the hearing examiner prior %o the close of the record.
633
September 15, 1977
Page Nine
Ci_ty of Edina Resolution Re_~ardin~ Melod~ Lake.
The attorney advised the managers that he had received
a copy of a resolution adopted by the Edina City Council, August
15, 1977, in regard to alleged damage to Melody Lake in the City
cf Edina by the reconstruction of Trunk Highway 100. Following
discussion, the managers directed the engineer to review the
matter and respond to the correspondence from the City of Edina.
Ad3ournment.
There being no further business to come before ~he
meeting, Chairman Cochran declared the meeting adjourned at
11:55 p.m.
Respectfully submitted,
H. Dale Palmatier, Secretary
Treasurer' s Report
AUGUST 18, 1977
AMEbrOED
Page 1 .of 4
July 31, 1977 bank balance
Deposits:
Hennepin County
July, 1977 bills to be
approved and paid in
August, 1977:
Eugene A. Hickok and
Associates, Inc.
Robert J. Lapic
City of Wayzata
Emery E. Holmqutst
August 31, 1977 bank balance
assuming approval and payment
of above bills
Administrative
Total fund
$ 31,885.45 $ 5,067.27
Maintenance
fund
$ 26,818.18
1,671.79 1,492.65 179.14
33,557.24 .. 6~559.92 26:997.32
6,398.92 6,398.92
146.00 146.00
10.00 10.00
5.OO 5.OO
6~559.92 -6,559.92
$ 26,997.32 $ -0-
$ 26,997.32
ACCOUNTS PAYABLE AT AUGUST 18,
1977:
Eugene A. Hickok and
Associates, Inc.
$ 380.36 $ 380.36
631
ANALYSIS OF EXPENqDITURES INCURRED~FOR
T~IRTY-TW0 MONTRS ENDED AUGUST 31, 1977
Cooperative Agreement
Proj ec ts
General adminis tratiom
Headwaters control
Grays Bay Damsite
Oak Lake Area
Creek shoreline and
culvert improvement
Meadowbrook Lake Area
Natural ordinary high
water level
Total CP-2
Upper Watershed Storage
Thirty-two Eight Years
Account months ended months ended ended
number 8/31/77 8/31/77 12/31/76
CP-2
CP-2A $ 38,437.37
CP-2-1 26,319.76
CP-2-2 14,461.08
CP-2-3 1,508.33
CP-2-4 4,586.02
CP-2-5 6,139.80
CP-2-7 '2,005.65
93~_458.01
CP-5 4_~5 089.40
$.138,547.41
$ 3,537.10
1,641.28
1,695.00
96.00
.r 6~.969.38
_ 13z115.58
20,084.96
$ 34,900.27
24,678.48
12,766.08
1,508.33
4,586.02
6,043.80
. 2~005.65
_8.6,488.63
_ 31~973.82
$118,462.45
630
Treasurer's Report
September 15, 1977
August 31, 1977 Bank Balance
Deposits:
Carver County
August, 1977 bills to be
approved and paid in
September, 1977:
Eugene A. Hickok and
Associates, Inc.
Robert J. Lapic
Hopf & Hopf Printing, Inc.
September 30, 1977 bank balance
assuming approval and payment
of above bills
Administrative Maintenance
TOtal fund fund
26,997.32 $ -0-
$ 26,997.32
702.85 627.54 75.31
_ 27~700.1? 627.54
3'80.36 .380.36
108.00 108.00
136.75 136.75
625.11 625.11
$ 27,075.06 $ 2.43
· 27,p7.2.63
$ 27,072.63
ACCOUNTS PAYABLE AT SEPTEMBER 15,
1977:
Eugene A. Hickok and
Associates, Inc.
Popham, Haik, Schnobrich,
Kaufman & Dory, Ltd.
2,633.03 $ 2,633.03
4,615.38 _ 4.,615..38
7,248.41 $ 7,248.41
6£9
MI~RA cREEK WATERSHED DISTR~
STATEMEIqT OF REVE~qJE~ EXPENDITURES AND FUb~O BALANCE
COMPARED WITH BUDGET
EIGHT MONTHS ENDED AUGUST 31, 1977
ADMINISTRATIVE FUND
REVENUE
Tax settlements
Interest and other
Total revenue
Eight
months 1977
Account ended Prorated
number 8/31/77 . .budget
1977
EXPENDITURES
Hydrological Data Collection
Stream gauging
Precipitation recording
Monitoring lake elevations
Data tabulation
Gr oundwa ter ob serva t ion
Water quality measurements
Administration
Secretarial, supplies
and mailings
Insurance
Accounting and auditing
Engineering; permit review
Engineering; complaints
and violations
Legal services
Managers' per diem
and expenses
Publications
Special Projects
Cooperative agreement project
Upper watershed storage
Other cooperative projects
Contingency Fund
Total expenditures
EXCESS OF REVENUE OVER
EXPENDITURES
HD
HD-1
I{D-2
KD-3
HD-4
HD-5
HD-6
$ 83,325 $ 83,325 $125,000
10
~ $ 83,325 $].25,000
1,719 $ 5,333
533
1,019 666
2,105 1,200
482 666
1,443 2,666
$ 8,000
8OO
1,000
1,800
1,000'
4,000
A-1 4,768 5,333 8,000
A-2 915 467 700
A-3 2,154 2,000 3,000
A-4 8,446 9,331 14,000
A-5 11,411 7,333 11,000
A-6 13,337 9,331 14,000
A-7 3,180 5,333 8,000
A-8 2,000 3,000
6,969 6,267 9,400
13,116 10,000 15,000
4,866 7,300
3,24% 10,000 ~ 15,000
~ $L83,325 $125,000
FUND BALANCE, JANUARY 1, 1977
9,030
FUND BALANCE, AUGUST 31, 1977
6,525
CP-2
CP-5
CP
$ 15,555
628
MIN~N~HA CREEK WATERSHED DIS~
STATEMENT UF EXPER~DITURES COMPARED WIT~ BUDGET
EIGHT MONTHS ENDED AUGUST 31, 1977
-CP-2
CP-5
CP-
Cooperative agreement projects
Upper watershed storage
Other cooperative projects
Cooperative Agreement Projects
General administration
Headwaters control structure
Grays Bay Damsite
Oak Lake Area
Creek shoreline and
culvert improvement
Meadowbrook 'Lake Area
Natural ordinary high
water level
Total CP-2
· Upper Watershed Storage
Other Cooperative Projects
Account
number
CP-2
CP-2-1
CP-2-2 '
CP-2-3
CP-2-4
CP-2-5
CP-2-7
CP-5
CP-
Eight
months 1977
ended Prorated 1977'
8/31/7~ _budget __budget_.
$ 3,537
1,641
1,695
96
$
6,~_969 ~ ~
~ 10. 000 __15 ,~000
20,085 $ 21,133 $ 31,700
627
~TA~M~N~f OF REVENUE, EXPENDITIYRES AN~D FUND BALANCE
COMPARED WITH BUDGET
EIGHT MONTHS ENDED AUGUST 31, 1977
MA INTENANCE FUN])
REVENUE
Tax settlements'
Interest and other
Total revenue
EXPENDITURES
Administration
Engineering
Erosion control
Streambed maintenance
Shoreline erosion control
Ditch maintenance
Shoreline cleanup
Culvert improvement
Storm sewer modification
Contingency
Total expenditures
EXCESS OF REVENUE OVER
EXPE~rDI TURE S
FUND BALANCE, JANUARY 1, 1977
FU~ BALANCE, AUGUST 31, 1977
Eight
months 1977
ended Prorated
8/31/77 ....b. udget
1977
bude~
$ 10,000 $ 10,000 $ 15,000
336
$ lo,ooo' $1 ,ooo
250
300
550 $ 10,000 $ 15,000
9,786
* 15,02.3
$ 24,809'
RESERVE FOR ENCUMBRANCES
*$ 5,00Q
12/31/76 reserve for encumbrances
amended to reflect cancellation
of projects totaling $9,874.21.
62.6
MINNE
CREEK WATERSHED DISTRICT
Treasurer' s Report
September 30, 1977
EPA GRANT FIJlx~D
August 31, 1977 bank balance
August 31, 1977 bills to be approved
and paid in September, 1977:
Robert J. Lapic
Bank service charge
September 30, 1977 bank balance assuming
approval and payment of above bill
$__~,882.16
41.00
.51
41.51
$ 8,840.65
ACCOUNTS RECEIVABLE AT SEPTEMBER 30, 1977:
Pledge contributions
$ 1,050.00
625
MIlk'HA CREEK WATERSHED DISTR]
STATE.WfE1NT OF REVE~q3E, EXPENDITURES AI~rD Fl BALANCE
FORTY-THREE MONT~I§ ENDED SEPTEMBER 30, 1977
EPA GRANT PROJECT
REVENUE
Grant proceeds
Watershed matching funds-
contribution
Interest
Total revenue
Forty-three
months ended
September 30, 1974-5-6-7
1977 budget
$213,884 $216,000
Funds
to be
received
$ 2,116
67,544 78,100 10,556
3~50~*
284~929 $294,100 $ 12,672
EXPE~D ITURE S
Contractn~al personal services:
En gin e er ing
Legal
Accounting
Personnel
Travel
Equipment
Supplies
Construction
Other
Total expenditures
EXCESS OF REVENUE OVER
EXPES~ITURES
FUND BALANCE, SEPTEMBER 30, 1977
68,610 $
243
74,599 80,600
279 1,000
2,305 4,000
2,006 2,000
1,276 1,200
72,063 72,700
~23,560 ~32~_60~
276,088 $294,100
$ 8,841
Project
under
over*
'.budget
$
$
AGENDA
Minnehaha Creek Watershed District
October 20, 1977
7:30 p.m.
Wayzata City Hall
Wayzata, Minnesota
e
Call to order.
Present:
Absent:
Staff:
Approval of Minutes:
September 15, 1977 -
e
Hearing of Permit Applications:
A. 77-80. Baycliffe Homeowners, Shoreline Retaining
Wall, Upper Lake Minnetonka - Minnetrista
Action Taken:
B. 77-103. Saul Segal, Site Grading - Minnetonka
Action Taken:
623
C. 77-116.
Action Taken:
U~ersity of Minnesota, Hor~ltural
Research Center, Groundwater Withdrawal -
Chanhassen
D. 77-117.
E. J. Zimmer, Shoreline Erosion Control,
Albans Bay, Lake Minnetonka - Greenwood
Action Taken:
E. 77-118.
E. R. Boedecker, Shoreline Erosion
Control, Lake Minnetonka - Minnetrista
Action Taken:
F. 77-119.
Action Taken:
G. A. Jackson & Associates, Grading/
Drainage Plan, Brown Road Court, Long
Lake - City of Long Lake
622
77-120.
City o£ Minnetonka, Utilities, Twelve
Oaks center - Minnetonka
Action Taken:
H. 77-121.
K. Huney, Floodplain Fill..for Housing.
Development, Enchanted Island, Lake
Minnetonka - Minnetrista
Action Taken:
I. 77-122.
H. W. Lurton, Shoreline Riprap - Maxwell's
Bay, Lake Minnetonka.-.Orono' '
Action Taken:
J. 77-123.
Action Taken:
H & S Winters, Lake Setback Variance,
Excelsior Bay, Lake Minnetonka - Greenwood
3 621
Action Taken:
Hennepin County Public Works, Bridge
Replacement, CSAH #125 Over Lost Lake
Channel - Mound
L. 77-125.
Action Taken:
City of Edina, Creek Bank Erosion Control,
Minnehaha Creek at Zenith Avenue - Edina
M. 77-126.
L. Derner, Grading/Drainage Plan,
St. Clair Court - Mound
Action Taken:
,,,' \~'
N. 77-127.
Action Taken:
C. Widmer, Lake Setback Variance, 3884 C!~
Sunset Drive, West Arm, Lake Minnetonka - ~und
620
O. 77-128.
Action Taken:
. Griswold, Grade/Draina~ Plan,
ood Hills - Deephaven ~
P. 77-129.
w. Lovkvist, Grade/Drainage Plan, Housing
Development, Priest Bay, Lake Minnetonka -
Mound and Minnetrista
Action Taken:
Q. 77-130.
J. Nolan, Lake Setback Variance, Cooks
Bay, Lake Minnetonka - Mound
Action Taken:
R. 77-131.
R. Lyckholm, Fill Lowland Spoil Deposition,
Tuxedo Road, Manchester - Mound
Action Taken:
5
/
619
S. 77-13Z.
S. M. S. Company, Grading/Drainage Plan
for Copper Field Addition - Minnetonka
Action Taken:
T. 77-133.
Action Taken:
B. F. Claypool, Jr., Bank Erosion Control
and Shoreline Riprap, North Arm, Lake
Minnetonka - Orono
Hearing of requests or petitions by public for action by
the watershed district.
5. Hearing and discussion of matters of general public interest.
Reports of Treasurer, Engineer and Attorney:
A. Treasurer's Report - Mr. Russell:
618
Engineer's Report - Mr. Hickok:
1.. Headwaters Control Structure
2. Water Maintenance and Repair Fund
3. St. Louis Park Floodplain Definitions
4. Diamond Lake Restoration
C. Attorney's Report - Mr. Macomber:
1. Department of Natural Resources' Rules
2. Headwaters Control Structures
7. Unfinished Business.
8. New Business.
9. Adjournment.
616
Ifi;TfEOPOLITAN
(Offi'~OL
350 Iff!,.ETROIOU~RE BLDG.
7TH & RO,~:~RTITREET/
IlitFIT PFiUL iTIF1 SSIOt
612 222.842~
October 4, 1977
Mr. Robert A. Miner
Public Works Director
City of Mound
5341 Maywood Road
Mound, MN 55364
Dear Mr. Miner:
Thank you for your response to our letter of September 20, 1977 regarding
the problem of excess wastewater in your sewer system during the rainfall
occurrence of August 30 and 31, 1977. The wastewater flow on August 31
was about 1.8 times the average daily sewage flow indicating considerable
inflow/infiltration (I/I) into the sanitary sewer system.
Your letter indicates that the City already has implemented some construc-
tion and maintenance features in the sewer system to prevent or reduce
entrance of I/I. You also state that the City is proposing additional
construction and maintenance programs in the form of televising sewers
and improving' the storm sewer system. In cooperation with the City, we are
transmitting to you past sewage flow data to assist you in the analysis of
the sanitary sewer system.
Your letter has been forwarded to our Facility Planning Section for response
regarding the possibility of Federal funding of I/I Analysis and Sewer
System Evaluations. You will hear from us in this regard. If you have any
questions, please write to us.
Yours very truly,
RJ D: RAO: hw
CC:
B. J. Harrington
G. W. Lusher
S. P. Allbee
!
/72..
/,.if
614
CITY OF MOUND
Mound, Minnesota
Monthly Activity- Report of Water Depar[men[
.... This .... L~t This Year Last Yea
Work !~nits Nonth Month to date ,, to
Wste~ Cons~ed -- -- ~ ~ .......
[Hydrants' Re~ls~,ed - Man Ho=s, , , , ,,.O 0 ~ ~ ~,.
Times Ch~cked Pump ~3 ~ ~ ~~ ~,~
[C~b Boxes R~p!~qed .... ~ ~ ~ ~ ,, , ~ 7
[Curb S~gp~ ~eplaced ......... ~ ~ ~
· , t
,ervice ~onnections Installed ~. / // ..... /, ,
.. 612
CITY oF ~OJ~D
I~tound, Minnesota
PaSe 2 l~onth of
Konthty Activity Repert of ~{ater D~partment
l(o'.~k Units l~onth ! Month to date to da~
' -- ~o. cf T~n Ons ~;on-~ent . ~ /
~-~ No. of Meters Tested ~ .... ~. .~ ..
_ % X~. ~ .... , _. . :,~ _~ ~/4 /3o
~1 -: :: -: ......... : : - - ' : ' . ~ : __-!~'
~ ~ ~: -: .......... - : .... :' : , .- L_-~: ~ _
THOMAS WILLIAM PROKASKY & ASSOCIATES INC. · ARCHITECTS
514 FOSHAY TOWER · MINNEAPOLIS. MINNESOTA 55-402 · TELEPHONE (612) 339-7589
October 5, 1977
Mr. Leonard L. Kopp
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
Dear Mr. Kopp:
It was my pleasure meeting you Thursday, September 29th,
at the planning commission meeting.
It's my personal policy, and I expect it of my senior
staff, to give a day a month to community service. At
the present time I sit on the Minneapolis Board of
Adjustments for Zoning and Planning a half a day a month.
As new residents, I would be willing to contribute a
half a day a month of professional service to Mound in a
capacity that you feel may be useful to the community and
can reasonably be accommodated in my schedule. Feel free
to call.
Sincer. ely y~, 0 %
M AS LO N
LAN EDELMAN BORMAN'
I~100 MIDWEST PLAZA
MINNEAPOLIS, MINNESOTA 5.540~
McNULTY
October 11, 1977
Hon. Karl F. Rolvaag
Chairman, Public Service Commission
160 E. Kellogg Blvd.
American Center Building
St. Paul, Minnesota 55101
Re:
In the Matter of the Rates and Service of
Continental Telephone Company for the Exchange
Serving Maple Plain, Minnesota - Docket No. P 407/C77-613
In the Matter of Continental Telephone Company's
Telephone Rates and Service for the Exchange of
Mound, Minnesota - Docket No. P 407/C77-614
Dear Governor Rolvaag:
We ha~e been advised by Curtis Pearson, attorney
for the City of Mound, that on October 4, 1977 he attended
a meeting of the Public Service Cor~nission during which the
.Commission voted to request the Office of Hearing Examiners
to proceed with hearings in the above matters.
We are enclosing herewith a Demand for Reconsideration
and Vacation which sets forth Continental's vigorous objections
to the action taken by the Public Service Commission.
On June 1, 1977, the ComMission decided against
calling hearings on the above petitions and instead, asked the
Hon. Karl F. Rolvaag
October 11, 1977
Page Two
company to submit a rate redesign study. The company complied
with such request in a timely fashion and in good faith and at
great expense. The Commission never responded to the study.
When a matter as significant and as far reaching as
this is undertaken, it would be to the Commission's benefit to
get the input of all affected parties. Continental sincerely
regrets that it was unable to provide the Commission with its
views and with relevant information prior to the Commission's
October 4, 1977 action, as that now necessitates that those
views and information be presented in a far more formal fashion
beginning with the enclosed documents. We believe that it is
in the interest of all parties and the public to resolve this
m~tter as expeditiously and inexpensively as possible, and with-
out the need for relitigating the issues that were litigated in
Continental's last rate case, as such duplication would pass on
to telephone subscribers all over the state large.and unnecessary
expenses. Thus, we must respectfully request, and indeed urge,
early response to the enclosed Demands.
Sincerely,
Jol~l~/'C. McNulty
JCM/slf
Enc.
cc: Commissioners:
Arlen J. Erdahl
Richard J. Parish
Katherine E. Sasseville
Juanita R. Satterlee
Public Service Commission
Jerome Getz
Curtis A. Pearson
William E. Flynn
Richard J. Schieffer
Charles Rexroat
STATE OF MINNESOTA
I~INNESOTA PUBLIC SERVICE CO~4ISSION
In the Matter of Continental
Telephone Company's Telephone
Rates and Service for the
Exchange of Mound, Minnesota
File No. P 407/C77-614
DE~ND FOR RECONSIDERATION AND VACATION
Continental Telephone Company of Minnesota, Inc.
("Continental"), herewith demands that the Public Service
Commission ("the Commission"), reconsider and vacate its
decision of October 4, 1977 to issue an action request to the
Office of Hearing Examiners to hold hearings in the above matter.
This demand is based upon the grounds that:
(a) The Commission is without jurisdiction to reopen,
disapprove, or disallow the issue of rates previously considered
and approved after full hearings in In the Matter of the Application
of Continental Telephone Company of Minnesota, Inc.., St. Paul,
Minnesota, for Authority to Change Its Schedule of Rates and
Charges, Docket No. PR-121-1.
(b) The Order of April 16, 1976 issued by the Com~nission
in the foregoing rate hearings, is res judicata.
(c) The City of Mound has filed notices of appeal pursuant
to M.S.A. §§237.25, 216.24 and 216.25 of the Orders of the Commission
dated April 16, 1976 and August 13, 1976 with respect to the fore-
going rate case. Such appeals are presently pending in the District
Court of the State of Minnesota, County of Hennepin, and the City
of Maple Plain has sought to intervene in said appeals. Said appeals
bear the captions: "City of Mound, Plaintiff vs. Minnesota Public
Service Commission, et al., Defendants (File No. 732158) and City
of Mound, Plaintiff vs. Minnesota Public Service Co~mission, Defendant
(File No. 732157)" Pursuant to M.S.A. §§237.25, 216.24 and 216.25,
jurisdiction with respect to any issues concerning rates approved
in PR-121-1 is solely with the Court in said appeals.
(d) The action taken by the Commission on October 4,
1977 has the effect of initiating a statewide rate proceeding in
a manner in derogation of and contrary to Chapter 237 of the laws
of the State of Minnesota.
(e) The Commission is without jurisdiction to revoke the
Certificates of Territorial Authority of Continental for the Mound
and Maple Plain exchanges, except upon the grounds set forth in
M.S.A. §237.16 (5), which ground's do not include rates.
(f) The action of the Commission on October 4, 1977 was.
illegal and contrary to the provisions of the Constitution of the
United States and the State of Minnesota in that said action results
in a denial of due process and equal protection, and is confiscatory
and is a retroactive deprivation of vested rights°
(g) The action of the Commission ~as arbitrary and
capri cious.
(h) The action taken by the Cormmission on October 4, '
1977 in the above matter was barred by the doctrines of estoppel,
laches and waiver.
(i) The action taken by the Commission on October 4,
1977 in the above matter is directly contrary to the action taken
by the Commission in its meeting of June 1, 1977 concerning the
same issues. On June 1, 1977, the Commission decided against
calling hearings on the above petition and instead, asked Continental
to submit a rate redesign study. Continental has complied with
such request in a timely fashion and in good faith. The Commission
never responded to the study.
(j) The action of the Commission is contrary to the
public interest in that the expense of hearings in the above matter
2
would be duplicative and would only be reflected in the rate
base to be charged to all consumers, including those residing in
the City of Mound.
(k) A unilateral change of rates for the City of
Mound would be discriminatory as to all subscribers of Continental
in its other exchanges in the State of Minnesota.
For the foregoing reasons, Continental demands im=mediate
compliance with this Demand for Reconsideration and Vacation.
Respectfully submitted,
MASLON KAPLAN EDELP~AN BORMAN
BRAND & McNULTY
BY
AND /~/
Martin G. Weinstein
AND ~
---~arcy S. Wallace
Attorneys for Continental
1800 Midwest Plaza
Minneapolis, Minnesota 55402
612-339-8015
LAKE MINNETONKA CONSERVATION DISTRICT
L.M.C.D. MEETING SCHEDULE
October, 1977
Saturday
10- 8-77
Environmental Committee
7:30 a.m., Harts Cafe,Wayzata
10-15-77,
Boat Storage, Mooring & Launching Committee
7:30 a.m., Harts Cafe, Wayzata
Monday
10-17-77
Lake Use Committee
4:30 p.m., LMCD Office, W~yzata
Saturday
10-22-77
Executive Comm~ttee
7:30 a.m., Harts Cafe, Wayzata
Wednesday
10-26-77
Regular Meeting of the Board of Directors
8:00 p.m., Freshwater Biological Institute, Navarre
lo-4-77
P.O. Box 387, Wayza. ta, I~inn,sota 55391
BOARD OF MANAGSRS:
David H. Cochran, I~re$. - H. Dale Pa|matiBr o Albed: L. Lehman o 2ame~ S. Ru~ei[ o Jean Williams
October 4, 1977
Mr. William Lovkvist
3206 West Edge Boulevard
Mound, Minnesota 55364
Re:
Shoreland Development
Priest Bay - Lake Minnetonka
Dear Mr. Lovkvist:
We are informed that you are engaged in construction on
lots with lake frontage on Priest Bay of Lake Minnetonka
within the Cities of Mound and Minnetrista.
This will advise you that such activity requires a permit
from the Minnehaha Creek Watershed District. Enclosed is
a permit application form and a copy of the Minnehaha Creek
Watershed District Rules and Regulations. We suggest you
cease further, grading operations at this site and fill out
and return the enclosed form with the required supporting
information.
The next meeting of the Minnehaha Creek Watershed District
Board of Managers is October 20, 1977 at 7:30 p.m. in the
Wayzata City Council Chambers. To get on the agenda for
this meeting we must have your data in this office by Monday,
October 10, 1977.
If you have any questions please call 473-4224.
Sincerely,
EUGENE A. HICKOK AND ASSOCIATES
~1%n A. HolmVq~i~t ~
JAH/cml
Enclosures
cc:
D. Cochran - MCWD R. Harnack - DNR
G. Macomber - MCWD ~. Kopp - Mound
V
F. Mixa - LMCD
To the City of Mo~ nci!
I hereby sumit for your a~proval the £ollowing property
separations which were submitted to and approved by the Mound advisory
planning commission on September 29.
1. Separate lot 22 Plat 3?950 Parcel 2~25 Block iL+ Seton from
that parcel adding this lot to parcel 2~95 which currently comprises
lots~ 19, 20 and 21 Parcel 2~95
Separate lots 25, 24 and 25
Block 1~ Seton adjacent to the above lot.
of Parcel 2~25 Block 14 Seton £rom the
balance of Parcel 2~25 as a building site which is currently under contract
£or the construction of a new home. Proposed site comprises 10,~00 sq. £t.
~. Separate the west 10 feet o£ the east 1/2 of lot la Block 2~
Seton located in Plat ~7950 on Black Lake Channel Parcel ~025 £or
permanent lake access to the purchaser of lots 19, 20, 21 and 22 Block 1~
Seton ~ This party is presently negotiating for the additional west 75
feet adjacent to the 10 foot strip a~ove.
I have with me survey plats of the above properties, as drawn by
licensed surveyor~ Roy Hanson.
~espect~u!ly submitted~
Harold L.~ K~utzner~er
ROY J. HANSEN
Land Surveyor
AND
CiviJ Engineer
OF PROPERTY OF,
· LAT OF SURV
13907 Spring Lak~
Hopkins, Minn.
Telephone 9.M~. 56 T$
'
DESCRIBED AS FOLLOX~,:a ~'-~'~ ~__
ProposeJ. ~,-~e ¥iooc ~le~. = ~
I'Z9.3~
4-o
|"Z~ .'3 S mess.
130 plat'
CERTIFICATE OF LOCATION OF BUILDING
I hereby certify that on ...... ........ 19_____
I made a survey of thc location of ~c building(s) on the above
described property and that the location of said building(s) is
correctly shown on the above plat.
CERTIFICATE OF SURVEY
I hereby certify that on ~-~_
I surveyed the property de~c"~il~d ~bove and that the above plat
is a correct representation of said survey·
ROY J. HANSEN, REGISTERED SURVEYOR NO. 6274 ~
....................... 5.72