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1979-01-02 CC Agenda Packet CITY OF MOUND Mound, Minnesota AGENDA CM 79-1 C~! 79-2 CM 79-4 CM 79-3 MOUND CITY COUNCIL January 2, 1979 7:30 P.M. City Hall 1. Minutes Pg. 50-54 2. Organizational Meeting Pg. 25-49 3. Comments.and Suggestions by Citizens Present ( 2 Minute Limit) 4. Tax Forfeit Land - Part of Lot 6, Block 28, Whipple 5. Bingo Permit Pg. 21-22 6. L.T.D. Insurance Pg. 15-20 7. Payment of Bills Pg. 23-24 8. Information Memorandums/Misc. Pg. 4088-4125 & Pg. 1-14 9. Con,mitt ee Reports Page55 December 19, 1978 198. REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on December 19, 1978 at 7:30 p.m. Those present were: Mayor Tim [ovaasen, Councilmembers Robert Polston, Benjami'n Withhart, Orval Fenstad and Gordon Swenson. Also present were City Manager Leonard L. Kopp, City Engineer William McCombs, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. "ORV FENSTAD" DAY LoYaasen moved and Polston seconded a motion RESOLUTION 78-583 RESOLUTION DECLARING DECEMBER 19, 1978 "ORV FENSTAD" DAY. The vote was unanimously in favor. HINUTES The minutes of the meeting of December 12,.1978 were presented for-.consideration. Withhart moved and Swenson seconded a motion to approve the minutes of the meet- ing of December 12, 1978 as submitted. The vote was unanimously in favor. PUBLIC'HEARING SPecial Use Permi.t - Repair Garage The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said special use permit. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said special use permit and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Robert Conkey~ 3026 Commerce Boulevard (presented petition~ Charles-Bidwell, proponent The'Mayor then closed the public hearing. Withhart moved and Fenstad seconded a motion to t~ble until the City Attorney arrives at 9:30 p.m. The vote was unanimously in favor. PLANNING coMMIsSION RECOMMENDATIONS Subdivision of Land-Lot 17 thru 24 and Parts of Lots 25; 26, 27 and 28, A.S. 16'8 Withhart moved and Polston seconded a motion RESOLUTION 78-584 RESOLUTION TO CONCUR THE RECOMMEHDATION OF THE'PLANNING COMMISSION TO APPROVE THE SUBDIVISION WITH CERTAIN STIPbLATIONS AS SUBMITTED ON PLAN A. The vote was unanimously in favor. Non-£onform~ng Use-Lot 8, Block 3, L.P. Crevier's Subdivision of Lot 36 Swenson moved and Fenstad seconded a motion RESOLUTION 78-585 RESOLUTION TO CONCUR WITH TW.E RECCH~:E:HDA-- TION OF THE PLA,.'~NII, IG Cb,.rllS'SI ]'3 APPROVE A NOH-CONFORitlNG USE AS The vot6 ,,¢as fOUF in ¢aVOF with W[thh,~Ft not'rig may. 199 ~ ]78 :ember 19, . Side Yard Variance- Part of Blocks 1 and 2, Shirley Hills Unit C Polston moved ar:d Withhart seconded a motion RESOLUTION 78-586 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE A SIDE YARD VARIANCE OF. 3.2 FEET Subdivision of Land and Side Yard Variance-Lots 4-7 and.12-15, Block 9, Satan Polston moved and Swanson seconded a motion ' RESOLUTION 78-587 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING.COMMISSION TO APPROVE THE SUBDIVISION OF LAND AND'SiDE YARD VARIANCE WITH CERTAIN STIPULATIONS REGARb- lNG ASSESSMENT DEFICIENCIES AND WAIVE'PAi;K DEDICATION. The vote was unanimously i'n favor. Subdivision of Land-Lot 4, .Black 2, Wychwood Withhart moved and Swenson seconded a motion RESOLUTION 78-588 RESOLUTION TO CONCUR WITH THE RECOMMENDA-- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND CONTINGENT ON SETTLE- MENT OF ADJOINING LOT COMBINATION AND VALVE PARK DEDICATION. The vote ~as unan|mously in f~vor. Subdivision of Land., Lots 34, 35 and 36, Block 10, Arden Withhart moved and Fenstad seconded'a motion RESOLUTION 78-589 RESOLUTION TO coNCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION WITH CERTAIN STIPULATION,, REGARDING AssESSMENT DEFICIENCIES. The vote was unanimously in favor. APPEAL - VARIANCE Withha'rt moved and Swanson seconded a motion to table this item until the attorn., arrives. The vote was unanimously in favor. STATE AID CONSTRUCTION PROGRAM Withhart moved and Swenson seconded a motion RESOLUTION 78-590 The vote was unanimously in favor. RESOLUTION TO ADOPT PLAN AS SUBMITTED BY CITY ENGINEER AND AMENDED REGARDING THE ~i'ATE AID CONSTRUCTION PROGRAM. COMMENTS AHD SUGGESTIONS FROM Ctl'IZENS PRESENT Richard Hawks, 5072 Commerce Boulevard commented on variances for upgrading prope,' i es. DOCK FEES Pols~on moved and ~,,lithhar~ seconded a rnotion t~ ordain that tn~ following Secti:'~ 26.9307, as ~:~:.-;~ded, be added to the City Co'.!'.: c:s O,'d~nance No. 390. December 21, 1978 200 ORDINANCE NO. 390 AN ORDINANCE AMENDING SECTION 25.9307 OF THE CITY CODE, RELATING TO LICENSE FEES FOR DOCKS AND BOATHOUSES The City of Mound does ordain: Section 26.9307 of the City Code is amended to read as follows: License Fee. The annua! license fee shall be as Section 26.9307. follows: Straight Dock L, U and T Docks $25.00 $4.50per front foot based on width at widest point of dock · Boathouses .30 cents per square foot based on outside dimensions with a minimum fee of $65. per year. This fee includes a fee for a straight dock. L, U and T docks shall be at the above stated rates, less a Credit for' the license fee ' applicable for a straight dock. Residents of the City of MOUnd 65 years of age.or older shall pay 50% of the required license fee for a straight dock. A full licens6 fee shall be charged to all persons for all L, T or U docks and boathouses. Roll call vote was four in favor with Swenson voting naY~SO o~dained. PUBLIC HEARING-SPECIAL USE PERMIT-REPAIR GARAGE Fenstad moved and Swenson seconded a motion to return the Special Use Permit to the table. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 78-591 RESOLUTION TO CONCUR WITH THE RECOMMENDA.- TION OF THE PLANNING COMMISSION TO APPROVE THE SPECIAL USE PERMIT WITH CERTAIN STIP~ ULATIONS. Roll Call was three in favorwith Fenstad and Swenson voting nay. APPEAL-VARIANCE Polston moved and Fenstad seconded a motion to return the Appeal Variance'to the table. The vote ~as unanimously in favor. Polston moved and Fenstad seconded a motion RESOLUTION 78-592 The vote was unanimously in favor. RESOLUTION TO APPROVE THE VARIANCE AS APPEALED INCORPORATING THE BUILDING PLAN AS SUBMITTED TO THE PLANNING COMMISSION AND COUNCIL STIPULATING THAT SUCH PLAN MEET ALL REQUIRED SETBACKS. HORTHER~I STATES POWER FRAHCHISE Lovaasen moved and Withhart seconded a n~otion to ordain that the followinglsection be ad~ed to the City Code as Ordinance No. 391. 201 19, 1978 ORD!NANCE NO. 391 "AN ORDINANCE GRAN'FING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, pERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE CITY OF MOUND, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NEC- ESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC'WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES" Ordinance in entirety to be found in ordinance book. The vote was unanimously in favor, so ordained. ADMINISTRATIVE CODE .- Polston moved and Withhart seconded a motion RESOLUTION 78-593 RESOLUTION TO ADOPT RECOMMENDED CHANGES IN THE ADMINISTRATIVE CODE AS SUBMITTED BY THE CITY MANAGER. The vote was unanimoUsly in favor. H.U.D. APPLICATION '- Lovaasen moved and Polston seconded a motion .. RESOLUTION 78z594 RESOLUTION AUTHORIZING SUBMISSION OF THE H.U.D. APPLICATION'AND DESIGNATING ALLOCA- · ' TIONS OF THOSE FUNDS. The vote was unanimously in favor. NEW FIRE TRUCK Polston moved and Withhart seconded a motion RESOLUTION 78-595 ¥i~e vote was unanimously in favor. TRANSFERS · RESOLUTION AUTHORIZING THE TRANSFER OF $12~263.75 FROM THE LIQUOR FUND TO THE FIRE CAPITAL OUTLAY FUND.. Polston moved and Fenstad seconded a motion RESOLUTION 78-596 RESOLUTION AUTHORIZI~IG THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. PAYMENT OF BILLS Fenstad moved and Withhart seconded a motion to approve payment of the bills as sub- mitred on the prelist in the amount of $103,500,05 where funds are available, The vote was unanimously in favor. PAP,,7, t rig VARIAF, CE Fenstad moved and Lovaasen seconded a motion RESOLUTIO~t 78--5Zi7 RESOLUTIOH TO CONCUR WITH THE RECOP, M~NDA- TION OF THE PUBLIC WORKS DIRECTOR TO DENY THE PARKIHG VARIANCE Al' 2155 CARDINAL LANF.. Thc: vole was unanimously in favor. December 19, 1978 202 USE OF ~SLAND PARK 'The Council requested the staff submit a suggested policy regarding use 0f public buildings and directed that the E1Shaddai church be charged $20.00 per week for the use of the Island Park Hall~ The vote was unanimously in favor. JOINT AGREEMENT-COMMUNITY SERVICE Councilme~ber Withhart reported that the Park Commission recommends continued negotiotions regarding Youth Employment Services and Ice Rink Supervision by Community Services. WELCOME SIGN Fenstad moved and Swenson seconded a motion RESOLUTION 78-598 RESOLUTION APPROVI~ THE DESIGN OF "WEL- COME TO MOUND'"SIGNS. The vote was unanimously in favor. ADJOURNMENT' Withhart moved and Fenstad seconded a motion to adjourn to the next regular meet- ing on January 2, 1979 at 7:30 p.m. ed. The vote was unanimously in favor, so adjourn- Mary tt Marske, City Clerk/Treasurer Leonard L. 'Kopp, City Manager 1-2--79 CITY OF MOUND Mound, Minnesota December 27, 1978 COUNCIL MEMORANDUM NO. 79-1 SUBJECT: Organizational Meeting January 2, 1979 is the organizational meeting of the '1979 City Council. Action is required on the' following and a suggested resolution is attached for each item: 1. Designate Acting Mayor 2. Authorize Signing of Checks 3. Appoint Health Officers 4. Designate Official Newspaper 5. Designate Official Depositories 6. Inspect Depository Collateral 7. Appoint Planning Commission Members 8. Appoint Councilman to Planning Commission 9. Extend Term of Advisory Park Commission Member 10. Appoint Councilman to Advisory Park Commission 11. Appoint Human Rights Commission Members 12. Appoint Councilman to Human Rights Commission 13. Appoint Members to the Mound Youth Commission 14. Appoint Councilman to Youth Commission 15. Approve Bond for Clerk-Treasurer 16. Establish Meeting Dates 17. Participate in Association of Metropolitan Municipalities 18. Appoint members to the West Hennepin Human Services Board 19. Appoint members to Western Area Fire Training Association 20. Appoint Councilmen to Fire Committee 21. Appoint Councilmen to Police Committee 22. Appoint Representative to 'Suburban Rate Authority' 23. Appoint Representative to L.M2C.D. Councilmember moved the following resolution. RESOLUTION NO. 79 - I RESOLUTION DESIGNATING AS ACTING MAYOR FOR 1979 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That ~ , be designated and named as Acting Mayor for the City of Mound for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~. . Roll Call Vote: Polston ~ .. Swenson Ulrick. Withhart... Lovaasen WhereuDon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember ~ moved the following resolution. RESOLUTION NO. 79 - ~ RESOLUTION AUTHORIZING THE ~AYOR, THE CITY MANAGER, THE CITY CLERK-TREASURER AND THE ACTING MAYOR TO SIGN CHECKS BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That all checks drawn on City Funds be.signed by the Mayor, the City Manager and the City Clerk-Treasurer, and in the absence of the Mayor, the Acting Mayor shall sign the checks during the year. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk Mayor Councilmember ~Q moved the following resolution. RESOLUTION NO. 79' ~ RESOLUTION APPOINTING DR. KENNETH ROMNESS AND DR. CHARLES V. CARLSON AS CITY HEALTH OFFICERS FOR 1979 BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That Dr. Kenneth Romness and Dr. Charles V. Carlson be named City Health Officers of the City of Mound for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ Roll Call Vote: Polston ~ Swenson 6%/ Ulrick . ~tw Withhart 6~ Lovaasen ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember f moved the following resolution. RESOLUTION NO~ 79 -~ SOLUTION ,, 3a ..... THE OFFICIAL NEWSPAPER FOR THE YEAR 1979 AS BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That be, and hereby is designated the official newspaper of the City of Mound for the year 1979. The motion for.the adoption of the foregoing resolution was duly seconded bY Councilmember !~ Roll Call Vote: Polston Swenson Ulrick Withhart ~ Lovaasen.. ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Note: 1. Attached is a copy of a letter from the Sun. December 15, 1978 City Council City of Mound 5341Maywood Road Mound, MN 55364 Gent leman: Your designation of the Lake Minnetonka Sun to be your official newspaper for the year 1979 will be most appreciated. The rate for legal publications as set by Minnesota law is 20.5¢ per line for the first insertion, 13.6¢ per line for each subsequent insertion. Tabular matter, i.e., proper names, numbers, legal descriptions, etc., is 6.9¢ per line additional for the ori§inal insertion with no additional charge for repeats of the original insertion. We will provide, at no additional charge, two notarized affidavits on each of your publications. Additional notarized affidavits, on request, will be furnished at 25¢ each. In order to help avoid delays in publishing your notices, we must eatablish the following procedure which will require your anticipating council action. Your official notices should be pre-prepared and in our office on the Friday before your council meeting (we will pick up the notices between 3 and 4 p.m. on Friday). We will set the type in advance, but you will be able to change the date or withdraw the full notice before 11 a.m. o~ Tuesday by calling our superintendent, Mr. Ken Ploof. We will not be able to make major changes or additions in the notice nora accept any substitutions. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Department, 6601W. 78th Street, Edina, MN 55435. Thank you for your consideration of thi~, our official application for designation of the Lake Minnetonka Sun to be your official newspaper for the ensuing year. Very truly yours, SUN NEWSPAPERS, INC. Executive Vice President JRR:bk Councilmember ~/ moved the following resolution. RESOLUTION NO. 79 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR CITY FUNDS AND REQUIRING APPROPRIATE SECURITY THEREFOR BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That the following banks be designated as official depositories of City Funds, and the maximum amount that may be deposited in said banks in 1979. Amount State Bank of Mound First National Bank of Minneapolis $250,000 plus 40 M FIDC plus $100,000 FIDC for Savings Account and Certificates of Deposit $700,006 plus 40 M FIDC plus $100,000 FIDC for Savings Account and Certificates of Deposit First National Bank of Navarre $200,000 plus 40 M FIDC plus $100,000 FIDC for Savings Account and Certificates of Deposit Minnesota Federal Savings $100,000 MFS & LIC & Loan, Mound The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ Roll Call Vote: Polston ~ Swenson ~ Ulrick . 6~- · Withhart ~k. Lovaasen ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember ~ moved the following resolution. RESOLUTION NO. 79 -6 RESOLUTION DIRECTING THE MAYOR AND CITY CLERK-TREASURER TO INSPECT THE DEPOSITORY COLLATERAL BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That the Mayor and City Clerk-Treasurer be and hereby are directed to inspect the collateral assigned by the deposi- tories. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember ~ moved the following resolution. RESOLUTION NO. 79 -7 AS b~EMBERS O~ THE PLANNING COMMISSION FOR THREE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINb~SOTA: That and be appointed to the Mound Planning Commission for a term of three years. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember f . Roll Call Vote: Polston ~. Swenson /~. Ulrick ~. .. Withhart ~ Lovaasen ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his Signature attested by the City Clerk. Mayor Attest City Clerk The terms of the following are expiring: ~ 2. Lorraine Jackson 3. Russell Peterson Councilmember ~ moved the fOllowing resolution. RESOLUTION NO. 79~ RESOLUTION NAMING COUNCIL~tN .~~-~ AS COUNCIL REPRESENTATIVE WITH THE PLANNING COMMIS- SION FOR 1979 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That be named Council Representa- tive to the Planning Commission for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ Roll Call Vote: Polston Swenson Ulrick Withhart dR.z. Lovaasen ~'~ereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk Mayor Councilman Swenson was the Council Representative last year. PARK~ COM24ISSIONERS TERMS When the number of Park Commission members was changed from 7 to 9, it was intended that 3 members' terms would expire each year. As it turned out, two expire in 1981 and four in 1978 and three in 1980. The Park Commission has recommended that the term of Douglas Anderson who was appointed in December 1978 be extended to December 31, 1981. A resolution doing the above would then make three Commissioners' terms expire each year. A suggested resolution would be: Councilman moved the following resolution: RESOLUTION EXTENDING THE TERM~ DOUGLAS ANDERSON ON THE MOUND ADVISORY PARK COM- MISSION TO DECEMBER 31, 1981 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That the term of Douglas Anderson on the Mound Advisory' Park Commission be extended to December 31, 1981. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ Roll Call Vote: Polston ~ Swenson ~L/ Ulrick.. ~ Withhart 6k,/ Lovaasen. ~ . . ' ..... Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor At ~.est: City Clerk Councilmember. ~ moved the following resolution. RESOLUTION 79 - /f RESOLUTION ~s THE COUNCIL ~P~SENT~T~VE W~TH T~ ~DV~SORY P~ COmmISSION FOR 1979 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That be named Council Representative on the Advisory Park Commission for the year 1979. ~The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roi1 Call Vote: Polston. Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember Withhart was the Council Representative last year. 37 Councilmember ~ moved the following resolution. RESOLUTION NO. 79- RESOLUTION APPOINTING ~ ~ . , AND TO THE HUMAN RIGHTS COMMISSION OF MOUND, MINNETRISTA AND SPRING PARK BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA~ That ~~~ a~d be appointed f~ a term of three years and be ~ppointed for the unexpired term of Steve Sundberg to the Human Rights Commission of Mound, Minnetrista and Spring Park The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Pols.ton Swenson Ulrick Withhart Lovaasen .... ~' Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk 'Steve Sundberg resigned. His term expires December 31, 1979 The terms of Barbara Stuth and Ruth Wyman expire Dece~mber 31 The other members are: Sandra Andrews to December 31, 1980 Sue Scarborough to. December 31, 1980 1978. 37 Councilmember~ moved the following resolution. RESOLUTION NO. 79 -/~ MISSION OF MOUND, MINNETRISTA AND SPRING PARK BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That be named Council Representative to the Human Rights Commission of Mound, Minnetrista and ~pring Park for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember f Roll Call Vote: Polston Swenson Ulrick Withhart ~ Lovaasen ~ Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember Withhart was the Council Representative last year. Councilmember moved the following resolution. R~.SOLOTION NO. 79 ~ RESOLUTION APPOINTING MEMBERS TO THE MOUND YOUTH COmmISSION BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the following adults be appointed to the Mound Youth Com- mission for a term of three years: 1) 2) 3) 4) 5) The motion for.the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Note: Our information on the Youth Commission is very incomplete. Our records indicate the following are active: Barbara Messerich (Term expires 1-1-80); Merry C. Peterson (Term expires 1-].-79) and Ron Bostrom (Term expires 1-1-80). It appears that 5 appointments are required with the expiration of Merry Peterson's term. Councilmember moved the following resolution. RESOLUTION NO. 79 -~ RESOLUTION NAMING COUNCILMEMBER AS COUNCIL REPRESENTATIVE WITH THE MOUND YOUTH COMMISSION BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND, MINNESOTA: That be named Council Representative to the Mound Youth Commission for the year 1979. The motion for the adoption of the forego'ing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: Cit~ Clerk Councilman Polston was Council Representative last year. Councilmember ~ moved the following resolution. RESOLUTION NO. 79 -~ RESOLUTION APPROVING CITY CLERK-TREASURER'S BOND by Councilmember _ Roll Call Vote: BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the Bond of City Clerk-Treasurer Mary Marske for one year be approved. The motion for'the adoption of the foregoing resolution was duly seconded Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Councilmember _~. moved the following.resolution. RESOLUTION NO. 79 -~ RESOLUTION ESTABLISHING 5~ETING DATE AND ADOPTING RULES OF PROCEDURE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the /'~ , _~2.~- and ~ Tuesdays of each month be, and hereby are established as the regular meeting dates of the'City Council of the City of Mound for the year 1979, and that Roberts Rules of Order be, and hereby are adopted as the rules of procedure for the City Council for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and hiJ signature attested by the City Clerk. Mayor Attest: City Clerk 3 Councilmember ~ moved the following resoluti0n. RESOLUTION NO. 79 - RESOLUTION NAMING ~ AS DELEGATE TO ASSOCIATION OF ~TROPOLITAN MUNICIPALITIES AND NAMING AS ALTERNATE~ BE IT RESOLVED BY THE CITY COUNCIL, CITY OF MOUND, MOUND: MINNESOTA~ That be appointed as the delegate to the Association of Metropolitan Municipalities for the. year 1979, and that be named the alter- nate delegate. by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen The motion for the adoption of the foregoing resolution was duly seconded Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Mayor Lovaasen has been the delegate and Leonard Kopp, the alternate delegate. Councilmember moved the following resolution. RESOLUTION NO. 79 ~ RESOLUTION APPOINTING AND TO ?~ST HENNEPIN HUMAN SERVICES BOARD FOR A TERM OF TWO YEARS BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That and be appointed to the West Hennepin Human Services Board for a term of two years. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Pat Maltz' term expires January 31, 1979. We have had a vacancv on this Board since Charles Peterson's resignation. Council Liaison ~o the West Hennepin Human Services Board is Ben Withhart. Councilmember ~? moved the following resolution. RESOLUTION NO. 79 -~ RESOLUTION APPOINTING AND TO THE WESTERN AP~A FIRE TRAINING ASSOCIATION FOR A TERM OF ONE YEATS. BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND~ MINNESOTA: That and be appointed to the Western Area. ~ire Training Association for a term of one year. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passe~ and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Robert A. CheneY and Ray Tharalson were the last members appointed. (one of the two must be a fireman) Councilmember moved the following resolution. RESOLUTION NO. 79 - /A RESOLUTION APPOINTING / AND ~ TO SERVE ON THE FIRE COMMITTEE FOR THE YEAR 1979 WHEREAS, existing Fire Contracts with neighboring communities require a committee of two Councilmen to be appointed to meet with similar committees from contracting con~unities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNE- SOTA: That and be appointed to serve on the Fire Committee for the year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk Mayor Mayor Lovaasen and Councilman Swenson served last year. C0uncilmember ~ moved the following resolution' RESOLUTION APPOINTING RESOLUTION NO. 79 -/7 ~ AND TO SERVE ON THE POLICE COM- MITTEE FOR THE YEAR 1979 WHEREAS, existing Police Contracts with neighboring communities require a committee of two Councilmen to be appointed to meet with a similar committee from contracting communities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNE- SOTA: That and be appointed to serve on the Police Committee for ~he year 1979. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Mayor Lovaasen and Councilmembers Fenstad and Swenson served last year. Councilme,~er~ moved the following resolution. RESOLUTION NO. 79 -/~ RESOLUTION APPOINTING ~ AS REPRESENTATIVE TO THE SUBURBAN RATE AUTHORITY AND NAMING ~ AS ALTEkNATE . BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, INNESOTA: That be appointed as Mound's representative to the Suburban Rate Authority for the year 1979 and that be named the alternate. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~ . Roll Call Vote: P°lston Swenson Ulrick Withhart. Lovaasen Whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk Leonard Kopp was representative in ].978 and Robert Miner, Alternate. Councilmember ~j moved the following resolution. RESOLUTION NO. 79 -/9 RESOLUTION APPOINTING '~ AS REPRESENTATIVE TO THE LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF REPRESENTATIVES J~ t~ ~9 BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: ,That be appointed as ~ound's representative to the Lake Minnetonka Conservation District's Board of Representatives The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~7~ Roll Call Vote: Polston Swenson Ulrick Withhart Lovaasen Whereupon said resolution was declared passed and adopted~ signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk Mayor 1-2-79 CITY'OF MOUND Mound, Minnesota December 27, 1978 COUNCIL MEMORANDUM NO. 79-2 SUBJECT: Tax Forfeit Land - Part of Lot 6, Block 28, Whipple Paul Henry~ the owner of the neighboring lots inadvertently built a portion'of his house on this tax forfeit lot. The Council authorized the purchase of a portion of the lot for resale to Mr. Henry. It is recommended the lot be sold for $1,285., the City's cost. Action: Suggested Resolution RESOLUTION AUTHORIZING SALE OF PART OF LOT 6, BLOCK 28, ~IPPLE, TO PAUL C. HENRY FOR $1,285. WHEREAS, the City has acquired part of Lot 6, Block 28, Whipple, from the State, and WHEREAS, Paul C. Henry has inadvertently constructed a portion of his house on Lot 6, Block 28, Whipple, NOW, THE~EFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the City sell the South 55 feet of Lot 6, Block 28, Whipple to Paul C. Henry for $ 1,285.00. ~-~Le.~nard L. Kopp / ~ Part of Lot 6~ Block 28, Whipple Cost of Lot Purchase Price Administrative Cost Attorney's Fee Engineer's Fee Total $1~030. 100. 120. 35. $1,285. CITY OF MOUND Mound, Minnesota December 28, 1978 COUNCIL MEMORANDUM NO. 79-4 SUBJECT: Bingo Permit Attached is a copy of a request for a Bingo Permit from Our Lady of the Lake Church for Thursday evenings in 1979 and four undetermined Saturdays in 1979. They request the fee and bond be waived, - L~onard L. Kopp --~ · CITY OF MOUND o APPLICATION FOR BINGO PERMIT Date Dec. 27,1978 Name of Applicant 0ur.Lady if the Lake Catholic Chmmoh (If an organization, give organization name) Address 2389 Commerce Blvd.. Mound; Phone Bingo Manager (Name) Rew. John Sweeney Address Our Lady of thh Lake Chu~h Address of where Bingo will be played 2411 Commerce Blvd, Mound, Mn. Dates and Hours Bingo will be played Possible 4 S~turd~ys Thurs. yr. 1979 8PM to 10130 P~ (AttaCh separate sheet if more room necessary). Is License Fee attached? Fidelity Bond: (a) Amount (b) (c) Yes N6 Amount Name of Bonding Company 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. Please waive BOND Bingo Cowm~ttee. Rioha~d Lee Carl Widmer Jethro Phil~rook 2t¸ CITY OF MOUND Mound, Minnesota December 28, 1978 COUNCIL MEMORANDUM NO. 79-3 SUBJECT: L.T.D. Insurance The Council approved the specifications for Long Term Disability Group Insurance and they have been submitted for bids. The present insurer advised that because of the wording the "spec's" did not give the same coverage as the present policy in two instances. It was our intent to give the same coverage. An addendum to the specifications has been sent out which copies the present policy. The Council's approval of the addendum is ~equested. ~ ,.e6.,nard L. ~Copp CITY 0F MOUND 5341 Maywood Road Mound, Minnesota 55364 RE-ADVERTISEMENT FOR BIDS LONG TERM DISABILITY GROUP INSURANCE (Revision of Bid Opening Date) NOTICE IS HEREBY GIVEN that the City of Mound, Hennepin County, Mound, Minnesota will receive sealed bids for Group Long Term Disability Insurance until 2:30 P.M. on Friday, January 19, 1979, at 5341 Maywood Road; at which time the bids will be opened, read aloud and tabulated. Copies of the specifications, form of proposal and other information are available at the City Office located at 5341 Maywood Road, Mound, Minnesota 55364 (Telephone 612/472-1155). Bidder's should direct their sealed bids to the office located at the above address with the bid envelope clearly marked in the lower left hand corner as to the contents, closing date and time. No bidder may withdraw his bid within sixty (60) days after the date of bid closing. The City of Mound reserves the right to reject any or all bids~ in whole or in part, and to waive any informalities or irregularities in proposals submitted or minor discrepancies in bidding procedure. Mary H~Marske C±ty Clerk-Treasurer Bidders: Please note revision of specifications (see Pages 2, 2a and 3, i.e,, Coordination of Benefits, Social Security Freeze and Rehabilitation Benefit). CITY OF MOUND Mound, Minnesota SPECIFICATIONS Long Term Disability Income Insurance Effective Date The effective date for all eligible personnel shall be February 1, 1979 or at the beginning of their employment after November 1, 1978 and shall continue in effect for a period of 12 consecutive months. Policy anniver- sary shall be February 1 of each year beginning in 1979. If possible to quote on a longer rate quarantee, please include. Eligibility Participants shall be full-time employees of the City of Mound, full-time defined as 30 hours or more weekly. Elimination Period Benefits under the provisions of this insurance program shall commence on the 90th day following total disability because of sickness, mental illness, chemical dependency or accidental injury. Income Benefits The amount of Income Benefit for each disabled eligible employee shall be equal to 60% of basic salary not to exceed $1,200'monthly. Basic salary is defined as anticipated earnings during period from January 1 through December 31 of the fiscal year during which the disability commenced. Bidder shall state in bid what the minimum monthly benefit payable shall be regardless of benefits due under other plans or legislative enactments. If no guarantee minimum, so state. Benefit Period The benefit period shall be to age 65 for sickness and for accident. each case, coverage will be both 'occupational and non-occupational. Coverage ~n Coverage shall be 24 hours on and off the job as long as the employee con- tinues to be employed by the City. Coverage shall extend to travel outside the Continental limits of the United States. Ail persons previously insured by the City under the L.T.D. plan will be guaranteed a continuation of coverage, provided they are employed by the City on the effective date of coverage with.the new company. - 2 - Coverag__e (Continued) No physical examination shall be required by any employee provided that he/she enrolls for benefits under the plan within'31 days after becoming eligible. Employee need not b~ confined to a hospital to receive benefits. There shall be no "Pre-Existing Conditions" exclusions included in the bid pro- posal. Sickness due to pre-existing conditions is fully covered. Pregnancy including resulting childbirth, abortion or miscarriage is to be included in the coverage. Adherence to Specification Proposals may vary somewhat from specifications, however, variances shall be described in such a way that the variance can be recognized as beneficial- or not, as compared to the specification. Coordination of Benefits (a) Offset Amount The offset amount is determined by adding the payments and benefits from the following sources. The offset amount so determined is tracted directly from the monthly schedule amount. 1. Loss of time benefits received under any group, franchise or wholesale insurance plan sponsored by the employer. 2. Loss of time benefits received under a Workmen's Compensation Act, any nonoccupational disability benefit law, maritime doctrine of maintenance~ wages and cure or similar legislation. 3. Periodic cash payments for disability (primary benefits only) pro- vided under the United States Social Security Act. 4. Periodic cash payments for disability (employee benefits only) provided under the United States Railroad Retirement Act, Veteran's Benefits, or any law of the United States, Canada, or any state, province or political subdivisions thereof. (b) Monthly Payment Limit The monthly payment limit is equal to 70% of the insured's monthly earn- ings. Where the monthly schedule amount plus the sum of all payments and'benefits from the following sources exceeds this monthly payment limit, the excess is subtracted from the benefits otherwise payable (monthly schedule amount minus the offset amount). 1. Any salary, wages, commissions or similar remuneration received or which the disabled person is entitled to receive. 2. .Periodic payments of benefits from any life insurance death benefit in conne~Lion with accidental bodily injury or sickness written on a group, wholesale or franchise basis. 3. Periodic payments of benefit from any loss of time disability p!~n writt~ on a 9roup, wholesale or franchise basis other than ~pon- sored by the e~loyer, or under any non-statutory kealt'~ or welfare - 2 a- plan or arrangement sponsored by the employer or for which he has made payroll deductions. 4. Retirement benefits provided under any formal or informal arrange- ments sponsored by the employer or under the United States Social Security Act. 5. Periodic cash payments for disability (50% of dependent benefits only) provided under the United States Social Security Act. 6. Any disability benefits provided as basic reparation benefits under a state's "no-fault" motor vehicle law, other than one which deter- mines its benefits after the disability benefits provided by this plan have been paid or are payable. Payment of benefits under these plans are limited for any period of dis- ability caused by nervous or mental diseases or disorders, except that benefits will be payable for that portion of a period of total disability caused by nervous or mental diseases or disorders while confined in a legally constituted mental hospital and for a maximum of two years of total disability during'which an insured is not confined in a mental hospital. However, no benefits are payable for any such period of hospi- tal confinement which commence after the later of (I) three months after the end of a prior period of confinement in a mental hospital for which the insured has received benefits, (II) the date when out-of-hospital benefits have been paid for two years, or (III) a three month period of disability immediately following satisfaction of the qualifying period. Social Security Freeze Monthly payments to disabled insureds will not be reduced by any statutory or cost of living increases in Social Security benefits after monthly benefits have commenced. Sick Leave Employees covered by Long Term Disability income protection provided and paid by the City are required to begin accepting benefits under the plan at the end of the elimination period in lieu of using additional sick leave. City Participation ~ The City will pay 100% of the annual cost of this insurance plan for each eligi- ble employee. Rates All premiums quoted shall be expressed as a percentage of the insurable pay- roll. Insurable payroll shall be 60% of an employee's earnings. All quoted rates will be based on the employee list at time of bidding and shall be final even though there may be some changes in make-up of group at time of enroll- ment. During recent years, employee turnover between fiscal years has been low. Bid Form Bid forms provided must be completed and submitted even though bidder may also furnish standard company proposal form of bid. -- 3 -- ' Rate Q~0tati0n Ail quoted rates shall be guaranteed for at least a one year period. If insurance company can guarantee rate fOr a longer period, please so indi- cate as this factor will be considered when bids are reviewed. A tabulation indicating sex, marital Status, birth date, annual salary of all full-time employees is enclosed. This shall be used as the basis for bidding. If a bidder requires additional pertinent information in bidding process, such information will be furnished by the City. Company shall state on what basis rate is based---pooling, experience rating or combination. In case of cancellation of the insurance company, the City will require at least a 90 day advance notice prior to anniversary date. If this is a participating policy, an anticipated dividend return on premium must be stated to enable comparison with non-particpating policy rates. Exclusions (1) War or ~ny act of war, whether the war was declared or undeclared, or service in the military, naval, or air forces of any country at war, whether the war was declared or undeclared, or (2) Injuries intentionally self-inflicted,'whether sane or insane, or (3) The Insured's commission of, or attempt to' commit, an assault or felony. Rehabilitation Benefit This provision allows the disabled insured to return to gainful employment with his regular employer on a limited.basis under a plan of rehabilitation ~ under the supervision of a licensed physician other than himself. This re- habilitative program must not commence before the completion of six months of total disability and has a maximum duration of 24 months. (Provided the insured is not engaged in his own occupation after 36 months of continuous total disability.) 80% of all wages or salary to which the insured becomes entitled under the rehabilitative program will be applied as a reduction of his monthly benefits under the Monthly Payment Limit. Miscellaneous All companies submitting quotations shall provide the following: 1. A full definition of "Total Dis~ility". 2. A statement describing their rehabilitation clause. Indicate in this statement whether or not benefit payable to employee under plan %~ould be reduced or cancelled if employee returns to another job paying than benefit he is receiving. Also indicate whether employee %~ill be required to accept employment other than that for which he is suited by education, training or experience. 3. A statement indicating benefits not payable under the contracts. State- ment should also include how long benefits are payable during rehab.~!i- tation program. CITY OF MOUND Mound, Minnesota December 27, 1978 INFORMATION MEMORANDUM NO. 79-1 SUBJECT: 24 Hour Parking Lot One of the Councilmen received a call that the Police had been asking Hess not to park his wrecker on the lot by Auditor's Road. A copy of the report from Sergeant Roth who made the contact is quoted below: "12-26-78. I checked with Chuck Hess, regarding which vehicles still parked on the City lot were theirs. He pointed out two pickups and one of their wreckers. I advised him to move the pickups and put them somewhere on his property and then he informed me that the wrecker was going to be brought inside for repairs so that it could be used on ice jobs. I then told Chuck Hess that I would check on the other vehicles and get them taken care of." The wrecker referred to was a wrecker that was not operating and had been stored on the lot for some time. This is given for information should other Councilmen be contacted. ~--'~,Dard L. Kopp / ~ 1-2-79 CITY OF MOUND Mound, Minnesota December 28, 1978 INFORMATION MEMORANDUM NO. 79-2 SUBJECT: Cross Walk Flashers Last week the Council was sent a copy of a letter from the County regarding the cross walk flashers requested. Attached is a copy of a letter from the Public Works Director re- garding flashers. ~ Does the Council wish further action on the ~lashers? 13 oo ON LAKE MINNETONI(A 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364. INDIAN BURIAL MOUNDIi TELEPHONE (612) 472-1155 December 28, 1978 TO: FROM: SUBJECT: Leonard Kopp Public Works Director Flsshin9 lights on Crosswalk signs In November you asked that I check with the County on havin9 flashers attached to the crosswalk signs in the C.B.D. area. I called the County and talked to Mr. Wayne Matsumoto who referred me to Dennis Hanson. I believe by your letter this is the same person you talked to. I was told he was busy and would call back. On December lb, 1978 Mr. Matsumoto called me back and we had a long discussion on the ' ~' subjeoo. The County's first question about it was "how distracting will the flashers be?" They do not like to put them within 200' to 300' of a signal light. It is their feeling that people see them out of the corner of their eye and may pull out thinking the light has changed. Also accidents have happened where people see them blink when not really paying attention to the crosswalk and slam on their brakes stopping in front of another car. Spring Park had theirs installed by Council resolution after a couple of people had been hit in the crosswalk. Mr. Matsumoto stated that the flashers are installed by the County and maintained by them and the Ci'ty pays the electric bills. He also stated that the flashers do have an effect for a short time and then people tend to pay as much attention as they used to do to the signs alone. /Z SUB3ECT: Flashing lights on Crosswa'lk signs Page 9 Mos% of our crosswalks have one sign mounted on s light pole which could be used for power and the sign on the opposite side of the street will need to have power dug into it. If we use their criteria for distance I feel our idea would fail us as the most highly traveled crosswalks are within 300' of the signals. Thc only one that receives a lot of use and is more than 300' away is thc Post Office. I also feel that we will be defeating the pttrpos¢ of the flashers if the crosswalk laws are not enforced. At the present time they are not~ which creates the problem of drivers and pedestrians not carin9 about the crosswalks. It may be a consideration for us to ask Mr. Matsu~oto or 1~. Hanson-l:,to meet with myself and the businessman making this request and then have him attend a council meeting with his report.. Respectful/tv, Robert Shanley Public Works Director R /jon HERBERT P. LEFLER J. DENNIS O'BRIEN JOHN B, DEAN GLENN E. PURDUE HERBERT P. LEFLER Trr JEFFREY J. STRAND JANES P. O'MEARA LAW OFFICES LEFEVERE, LEF'LER, PEARSON, O'BRIEN & DRAWZ MINNEAPOLIS, MINNESOTA 55402 December 26, 19 78 (6 I'e) 333- O 54.3 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Continental Telephone - Rate Realignment Dear Leonard: I am enclosing herewith a copy of the notice from the Department of Public Service that oral arguments on this matter will'be heard, on Friday, January 26, 1979 at 2:00 o'clock P.M~. I will try to put something together and will be present at that time to argue in behalf of the company's position. I suggest that the council be advised and if they have any comments or suggestions or do not want the City to expend this money, please advise. Ve/~ truly yoghurt, Curtis A. earson City Attorney CAP:ms Enclosure /D December 22, 1978 612/296-71 24 NOTICE OF ORAL ARGUMENT EXCERPTED FROM THE DEPARTM..ENT'S .:.,~L- C~.LENDAR Notice is hereby given that the Public Service Commission of Minnesota will hold an oral argument on the following matter at the time(s) and place(s) shown: FRI', JANUARY~26~'1979' 2:QO s[m.'~ LARGE HEARING ROOM, 7TH FLOOR, AMERICAN CENTER BUfLDING,;: t~O.._'EAST'~KELLOGG BO'LJ'LEVA~D, St. PAUL: (Commission 612/296,712~) ............. "" P-407 '/'GR-78-277 / PSC-78-104 CONTINENTAL TELEPHONE COMPANY OF MINNESOTA, INC., 6053 Hudson Road, St. Paul, MN 55119: Oral Argument on exceptions filed to Report of Hearing Examiner dated Hovember 27, 1978. (.12-22-78) /S Leo J. Ambrose Secretary AN EQUAL OP$CRTGNITY EM~_..~Y'-R STATE OF MINNESOTA COUNTY OF HENNBPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT James A. Miller and Lida L. Miller, Plaintiffs, Patricia L. Huesman, Defendant, -and- City of Mound, Third Party Defendant. SUMMONS THE 'STATE OF MINNESOTA TO THE.ABOVE-NAMED DEFENDANTS: You and each of you are hereby required to serve upon the plaintiffs' attorney an Answer to the Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of'service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. 230 Americana Bank Building' 5050 France Avenue South- Edina, Minnesota 55410 Telephone: 927-9966 STATE OF MINNESOTA COUNTY OF HENNEPIN .James A. Miller and Lida L. Miller, Plaintiffs, Patricia L. Huesman, Defendant, -and- City of Mound, Third Party Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT COMPLAINT COUNT I 1. That on or about the first day of March, 1977, plaintiffs James A. Miller and Lida L. Miller did enter into a certain contract to purdhase the'follpwing described real property, to- wit: Lot 16, Block 7, Devon, according to the recorded plat thereof situated in the County of Hennepin, State of Minnesota. 2. That at said time, plaintiffs James A. Miller and Lida L. Miller inquired of defendant Patricia L. Huesman as to whether the subject property had any problem concerning~ among other things, surface or ground water, and that said defendant Patricia L. Huesman denied that any such problem existed. 3. That on or about the 27th day of April, 1977, plaintiffs James A. Miller and Lida L. Miller paid good and valuable con- sideration, and relying upon those representations set forth above, among others, accepted a deed conveying the subject prop-- erty from Patricia L. Huesman to plaintiffs James A. Miller Lida L. Miller. -1- 4. That on or about the 26th day of May, 1978,.and June 24 and 25, 1978, and July 1, 1978, and at other'times to a greater or lesser degree, plaintiffs James A. Miller and Lida L. Miller did suffer losses due to the flooding of water on,' in, and around said property. S. That as a direct result of said flooding, plaintiffs sustained losses to their personal property totalling $4,000.00. 6. That to correct the deficiencies in the property in order to avoid further flooding, plaintiffs must install an Underfloor drain tile' system at a cost °f $2,2.05.00. ?. That based upon the facts set forth above, it.is alleged that defendant Patricia L. Huesman did fraudulently misrepresent the condition'of the subject property, all. to the detriment of the plaintiffs. COUNT II 1. Plaintiffs James A. and Lida L. Miller, for their cause of action against defendant City of Mound, re-allege paragraphs 1, 3, 4, 5, 6, and 7. 2. That repeated requests during the~summer of 1977 and spring and summer of 1978 were ma~e to officials of the City of Mound to regrade the public streets of Island View Drive in Devon, in order to help cure the flooding problem referred to in the foregoing Complaint, and that said requests were essentially ignored. 3. That because of the City of Mound's failure to comply with plaintiffs' requests to regrade the aforementioned streets at a low relative cost to the City ~f Mound, the City of Mound has negligently allowed water to pool at the intersection of Devon and Island View Drive to such a degree as to cause this water to flow into plaintiffs James A. and Lida L. Millers' driveway, garage, and lo~er living area, causing extensive damage thereto. lgHEREFORE, plaintiffs demand judgment against defendants and each of them in the sum of Six Thousand Tt¢o Htindred and .F. ive. -2- {$6,205.00) Dollars plus costs and disbursements herein. At tornTe~ra-n~ ~gr$~l~nti~fsv 230 Americana Bank Building 50S0 France Avenue South Bdina, Minnesota SS410 Telephone: 92?-9966 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6~59 December 1978 TO: METROPOLITAN AREA CITIZENS AND GOVERNMENTAL OFFICIALS ~t~~ached' is a public' hearing ~~r t~ of the 208 Areawide Plan/ /~evelopment 'Guide ~o'r Water ~ality Manase~t~--------- The public hearing to be held on this draft will be conducted in tWo segments on Thursday, January 25, 1979, in the Metro- politan Council Chambers, 300 Metro Square Building, 7th and Robert Sts., St. Paul, Minnesota. The starting times for the hearings are 2 p.m. and 7 p.m. For the evening session, please use the Jackson St. entrance. ~ . . The 208 Are~ide Plan/Development Guide for Water ..quality Mana~ement~~ when adopted by the MetroPolitan Council, will sup~rsede" the Council' s present Waste Management Development Guide/Policy Plan.. The new regional plan Will also fulfill federal requirements as the Region's water quality plan under Section 208 of Public Law 92-500. Its adoption will culminate a two-year planning effort by the Council in water quality management. This-public hearing draft incorporates substantial changes in several policy areas as a result of comments made at public meetings held in September The draft plan contains five major sectiOns. The issues and policies section sets the direction for improving the Area's water and achieving the goals of the Council's Development Framework, or "guided growth" plan. The system plan background section summarizes the technical information used in preparing the system plan. The system plan section identifies the needs for wastewater facilities and proposals for meeting those needs. Another major section identifies agencies responsible for imple- menting the water quality management plan and the programs they should follow. The last major section is an assessment of the plan's impact on the environmental' and socio-economic conditions in the Metropolitan Area. Those people interested in speaking at the public hearing are Page 2 encouraged to register in advance by contacting Mike Kuehn of the Council staff at 291-6482. We anticipate that many people may be interested in speaking at the hearing. Those who register first will be scheduled to speak first. Written comments may also be submitted to the Council until February 2, 1979. Additional copies of this plan draft are available free of charge from the Council's Public Information Office by calling 291'6464. I hope you will be able to attend the public hearing and offer your com~ents.~' Alternatively, I encourage ygu to send written c ommen t s .' Pursuant to state statutes, the Metropolitan Wast& Control~ Commission has prepared comments on the plan draft. These co~vn~.ents are on file at the Council and available for public inspection. Sincerely, h~n B~oland Chairman PUBLIC HEARING PROCEDURES The fQllowing procedures will be used to conduct the meeting to insure that each person has a fair opportunity to present his or her views: Individuals are asked to limit their remarks to five minutes. Representatives of groups are asked to limit their remarks ten minutes. Persons who wish to speak at the hearing are asked to register by letter or phone before the meeting. Those who register first will be allowed to speak first. Registration will be open at the beginning of the meeting at the entrance to the hearing room. Speakers should state his or her name, address, and the organization they represent, if any, at the start of each presentation. Written statements, in addition to oral testimony, .are appreciated. Proceedings will be recorded by a court reporter. Copies of the official transcript as recorded by the court reporter can be purchased at cost when available through the Council. (If no court reporter, the proceedings will be taped), The hearing may be recessed to another time and date if necessary to allow for a full and fair airing of all points of view. o The questioning of speakers from the floor will be permitted on approval by the chairman of the hearing.