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79-02-06 CITY OF MOUND Mound, Minneso%a~~ AGENDA Mound City Council February 6, 1979 City Hall 7:30 P.M. CM 79-39 CM 79-48 CM 79-41 CM 79-46 CM 79-42 CM 79-43 CM 79-45 CM 79-47 CM 79-40 CM 79-44 CM 79-49 Commendation Pg. 370-372 1. Minutes Pg. 361-369 2. Public Hearing - Delinquent Utility Bills Pg. 359-360 ~ Residential Mortgage Revenue Bonds Pg. 358 4. Beachside Developers Pg. 352-357 ~ Prosecuting Attorney Pg. 347-351 ~10. 12. 13. 14. 15. 16. Comments and Suggestions by Citizens Present (2 Minute Limit) Water for Spring Park Pg. 344-346 Loitering in CBD Pg. 341-343 Consulting Service Pg, 340 Water and Sewer Rates Pg, 326-339 License and Permit Fees Pg, 324-325 Space Study Pg. 321-323 Transfer of Funds Payment of Bills Information Memorandums/Misc. Pg. 303-320 Committee Reports Pg. 373 ON LAKE MINNETONKA INDIAN BURIAL, MOUNDm 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 February ~, 1979 Mr. Joseph D. Bianchi Food Stamp Director Hennepin County Food Stamp Program 111 East Franklin Avenue Minneapolis,.MN. 55404 Dear Mr. Bianchi: Enclosed are two copies of the contract for the issuance of Food Stamps which have been signed by the Mayor and City Manager of Mound. Please return a fully executed copy for our file. Please contact City Clerk Mary Marske regarding setting up this Program. Sincerely, · '-.,-~-~c'~ -~...~-',-~"~. / i ;, / ~ .... ~..eonard L. Kopp ~" *' City Manager L.LK/ms Encl. 2 CC: D. David Agency 1.,//~. Marske Form 28. ?~ NOTICE OF APPOINTME~ OF ASSISTAhT '¢~ I~PECTOR FOR CITY., VILIACE OR FOR TU,~NSHIP TO: THE CO~,E~SSI05~R OF AGRICULTURE, ST. PAUL~ MINNESOTA In accordance with }Rnnesota Statutes, 1973, Chapter 18.231, Paragraph 2 and 3, p~rtaining to~assista~nt weed inspectors, i, r~i~ L.ovaasen of (l~yor x~~) CITY of MOUND (City, Village or Township) County, l.~nnesota, do hereby appoint ~.. Chris Bollis Address 5341 Maywood Road, Mound, MN. 55364 Telephone No. 472-1155 to be Assistant Weed Inspector for the period beginning February 15 1~ ~79 (¥onth & Date) and continuing until such tim~ as the To-~m Board or ~hyor wishes to terminate said appointment, at a ~ge of $ per month, or $ per day, or $~ per hour. =~ a~o~n~nt con~r~ on ~a~ ~o~ a~ ~ ~, ~t~o~t~ an~ [~yor) or Si gned: (Chairman of TownsDip Board) Date February 5 . 19_79~ Address SEND: One copy to your County Aor~cultural Inspector. ~/~One copy to your local clerk. 2-6-79 CITY OF MOUND Mound, Minnesota January 23, 1979 COUNCIL MEMORANDUM NO. 79-39 SUBJECT: Commendation The DNR will be presenting to Police Officer Richard Johnson and two citizens, John Geyen and Timothy Geyen a commendation at the February 6th Council meeting. Attached is a letter from the Police Chief explaining this as well as a copy of the commendation given Officer Johnson by the Police Chief. ON L. AK~ MINNETONKA INDIAN BURIAl. MOUND~ 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 January 19, 1979 TO: FROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Commendation for Officer Richard Johnson Attached is a copy of a commendation given to Officer Richard Johnson for his life saving efforts during a water rescue on December 1, 1978. Additionally, Kim Elverum of the Minnesota Department of Natural Resources received information on this incident-and they (DNR) will be presenting Officer Johnson and the two citizens involved, John Geyen and Timothy Geyen, commendations. It is requested that this recognition and commendation be presented at the city council meeting of February 6, 1979 at 7:30 p.m. Additionally, information regardi.ng this incident has been forwarded to the American Red Cross. They are currently making a determination on whether a National Red Cross award will be given for the actions of Officer Johnson and the Geyens. Respectfully, Charl es]4]ohnson Chief of Police CJ:lao , I~. .... . "' ' -- "' ~'"~ ~ . . ~ - ~ .~.~: . 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 5536~ (612) 472-1155 Officer Richard Johnson Mound Police Department Mound, Minn. Dear Dick: On December 1, 1978 at approximately 1615 hours you were dispatched to the area of Cooks Bay regarding a person having fallen through the ice on a snowmobile. At the scene you and the two passerbys, John Geyen and Timothy~ Geyen, located the'victim a considerable distance out onto the lake and sub- sequently rescued him from the freezing water. The successful rescue was accomplished by obtaining a small boat on shore and pushing it across the ice until it became too thin to support your weight. You then broke the thin ice in front of the boat by kicking and jumping on it and propelled the boat to the victim by paddling with your hands. UPon pulling the victim from the water and into the boat, you then paddled back to shore using your hands. Your efforts and the efforts of Joh'n and Timothy Geyen were extraordinary in the performance of this hazardous and most d~fficult water rescue. Undoubtedly your rescue directly resulted in saving the life of the victim, Mr. Earl Hartin of Spring Park, Hinn. I thank and commend you for your effort which went above and beyond any normal call of duty. Sincerely, Charles Johnson Chief of Police CJ' lao 370 REGULAR MEETING OF THE CITY COUNCIL January 23, 1979 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 January 23,'1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of Jahuary 2, 1979 were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the meeting of January 2, 1979 as submitted. The vote was four in favor with Ulrick absent. The minutes of the meeting of January 9, 1979 were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the meet- i'ng of January 9, 1979 as submitted. The vote was four'in favor with Ulrick absent. PUBLIC HEARINGS Rezoning - County Road 44 and County Road 110 The Mayor then re-opened the public hearing for input on said rezoning and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Mark Ohnstad, 7400 Metro Blvd. Steve Koral, 2936 Westedge Blvd. Richard DeVinney, 2928 Westedge Blvd. Charles Jackson, 63'11Bayridge Road The Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion to continue this public hearing to February 27, 1979. The vote was three in favor with Polston voting nay and Ul~ick absent. Street Improvements - Commerce Boulevard Lovaasen moved and Swenson seconded a motion to continue this hearing pending the arrival of the City Engineer. .The vote was four in favor with Ulrick absent. Gambling Ordinance The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said gambling ordinance. 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 gambling ordinance and persons present to do so were afforded an opportunity to express their views there- on. The following persons offered comments or questions: Charles Jackson, 6311Bayridge Road Donald Abel, 3026 Highland Gene Hanson, Tonka Bay Louis Oberdeck, 2717 Clare .Road Charles Anderson, representing the Lions Hazel [~eal, respresenting the V.F.W. Auxiliary The Mayor then closed the ~,ublic hearing. January 23, 1979 Swenson moved and Lovaasen seconded a motion to ordain that the following Section 43 be added to the City Code as Ordinance No. 393. ORDINANCE NO. 393 AN ORDINANCE ADDING CHJ~PTER 43 TO THE CITY CODE LICENSING AND REGULATING THE CONDUCT OF GAMBLING AND ESTABLISHING LICENSE FEES, AND AMENDING IN- CONSISTENT ORDINANCES AND PROVIDING PENALTIES FOR VIOLATIONS THE CITY OF MOUND DOES ORDAIN: Chapter 43 is hereby added to the _C. ity Code and shall read 'as follows: Chapter 43 Licensing And Regulating .Certain Gambling Section 43:00 Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of Minnesota Statutes, Chapter 349, and Laws of Minnesota, 1978, Chapter 507.' Section 43:05 Provisions of State Law Adopted. The provisions of Minne- sota Statues, Chapter 349 and Laws of Minnesota, 1978, Chapter 507, relating to the definition of terms, licensing, restrictions of gambli'ng are adopted and made a part of this'ordinance as. if set out in full. Section 43:10 Definitions. Subdivision 1. For the purposes of this ordinance the terms defined in this ordinance have the following meanings. · Subd. 2. 'lGambling devices" mean those gambling devices known as "paddle- wheels" or "tipboards", or apparatus used in conduction raffles. Subd. 3. "Paddlewheel" means a wheel marked off into sections containing one or more numbers, and ~.~hich, after being turned or spun, uses a pointer or marker to indicate winning ch'ances. SUbd. 4. "Tipbo~i-d" means a board, placard or Other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances. Subd. 5. ~'Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner de.termined by a random drawing. Subd. 6. "Profit" means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing fee. s, taxes and maintenance costs for the devices. .$ubd. 7. Nothing in this ordinance shall be construed to authorize any use, l,,.r~ssession or operation of: (a) Any gambling device which is activated by'the insertion of a coin or token; or (b) Any gambling game or device in whi'ch the winning numbers, tickets or chances are in any way determined by the outcome of any athletic con- test or sporting event. Section 43:15 License Requirement. No person shall directly operate a gamb- ling device or conduct a raffle except as authorized by statute and this code and unless a license to do so, as provided in this ordinance, has first been obtained. Section 43:20 Persons Eligible for a License. A license shall be issued only to fraternal religious and veterans organizations, or any corporation, trust or associated organized for exclusively scientific, literary, charitat)le, education- al, or artistic purposes, or any club which is organized and operated exclusively January 23, 1~79 13 for pleasure or recreation. Such organization must have been in existence for at least 3 years and shall have at least 30 active members, and qualify pursuant to M.S.A. 349.26 Subd. 9. Section 43:25. Licenses and Fees. Subdivision 1. License Fees. There are two types of licenses which may be issued by the city for each device or occasion, i. e. (a) a single occasion temporary license fee and (b) an annual license fee.' The single occasion temporary license fee for each d~vice is $15.00. The annual license fee to operate a paddle wheel or to conduct a raffle or to operate a tipboard is $75.00 for each device or combination of all three types of devices. Annual license fees shall not be prorated for a portion of a year. All licenses shall expire on February 1 next after the date of issue. Subd. 2. Application Procedure. .Application for a license shall be made upon a form prescribed by the City Manager so as to provide the information necessary to permit the council to determine whether to grant or deny a Jicense application. No person shall make a false representation in an application within 180 days from the date of application, but it shall not issue a license until at least 30 days after the application has been made. Subd. 3. The ap.plications shall contain an agreement on the part of the applicant that if the license being applied for is granted, the licensee will save the city and its officers, agents harmless against any claims or actions and the costs of defending any claims or actions arising out. of or by reason of the granting of the license or the conduct of any of the activities authorized by the license. Section 43:30. Profits. Profits from the operation of gambling devices or the conduct of raffles shall be u~ed only for proper purposes as defined in Minnesota Statutes, Section 349.12, Subdivision 6. Section 43:35. Conduct' of Gambling. Subdivision 1. Gambling Manager. All operating of gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager to be designated by the licensed organization. The gambling manager shall be responsibJe for gross receipts and profits from gambling devices and raffles and for their operation. The gambling manager shall be responsible for using profits for authorized purposes only. Subdivision 2. Bond. The gambling manager shall provide a fidelity bond in the sum of $10,000 in favor of the organization obtaining the license, conditioned upon the faithful performance of his duties. Subdivision 3. Qualifications of Gambling Manager. The gambling manager shall be an active member of the organization and shall.qualify to act in such capacity under applicable state law. Section 43:40. Compensation. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by a licensedoFgan!zation. No person who is not an active member of an organization, or the spouse or surviving spouse of an active member, may participate in the orgfln~ation's operation of a gambling device or the conduct of a raffle. Section 43:45. Reporting Requirements. Subdivision 1. Gross Receipts. Each organization licensed to operate gambling devices shall keep January 23, 1979 record of its gross receipts, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion 'shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduc- tion, and the recipient. The distribution of profits shall be itemized as to each payee, purpose, ambunt, and date of payment. Subdivision 2. Separation of Funds. Gross receipts from the 'operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, and placed in a separate account. The person who accounts for gross receipts, expenses, and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the licensed organization. Subdivision 3. Monthly Reports. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the City Clerk, its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits. The licensee shall preserve such records for at least 3 years. Section 43:50. Eligible Premises. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises which it owns or leases, except that tickets for raffles may be sold off the premises. Leases shall be in writing and shall be for a term of at least one year. No lease shall provide that rental payments be based upon a percentage of receipts. A copy of.the lease shall be filed with the City Clerk at the time of the application and it shall comprise a part of the application. Section 43:55. Prizes. Total prizes from the operation of paddle wheels and tipboards awarded.in any single day in which they are operated shall not exceed $500. Total prizes resulting from any single spin of a paddle wheel or from any slngle tipboard shall not exceed $100. Total prizes awarded in any calendar year by any organization shall not exceed $15,000. Section 43:60. Bingo. Nothing in this ordinance shall be con- strued to authorize the conduct of bingo without acquiring a separate bingo license as required by other applicable city ordinance provisions. Section 43:65. Penalties. Subdivisionl. Violation is Mis- demeanor. Violation of any provision of this ordinance is amis~meanor and shall be punishable in accordance with th6 applicable statutory and city code provisions relating to misdemeanors. Subdivision 2. Suspension and Revocation. Any license may be suspended or revoked for any violation of this ordinance. No licensee shall have a vested right in any license issued hereunder, and licenses issued hereunder may be suspended or revoked by the council. The license shall be revoked upon a showing that the licensee violated or caused to be violated any provisions of this ordinance, or of state law regulating the licensing or conduct of gambling devices. The license shall also be revoked in the event of any misrepresentation in the license application or may be suspended or revoked for failure by the licensee to make any reports re- quired of the licensee. January 23, 1979 Subdivision 3- Procedure. A license shall not be revoked under subdivision 2 until a notice has been given to the licensee and the licensee has been given an opportunity for a hearing. The notice shall be personally served on the gambling manager, or an officer of the licensed organization. It shall state the statutory of ordinance provision believed to have been violated and shall indicate that the licensee may demand a hearing on the proposed revocation of the'license. If a hearing is demanded, the license shall not be revoked until after the hearing is held. If the licensee requests a hearing in writing, it shall be held by the city council or a committee of the city council, as the council may deem appropriate, at least one week after the date on which the request is made. If, as a result of the hearing, the counc'il finds that..the licensee has violated or has per- mitted the violation of this ordinance or applicable statutory law relating to gambling, the council may suspend or terminate the license. Section 43:70. Modification of Other Ordinance PrOhibitions. The prohibitions contained in Sections 54.20, 54.21, 54.26, 54.40, and 60.02 subdivisions j and 1 of the City Code shall not app.ly to activities licensed and conducted in accordance with this Chapter 43. The vote was three in favor with Polston voting nay~ Ulrick absent, so ordained. Street Improvements - Commerce Boulevard Withhart moved and Polston seconded the motion to place this item on the table. The vote was four in favor with Ulrick absent. ..... The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said street improvement. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for inpu~ on said street improvements and persons present to do so were affo~ed an opportunity to express their views thereon. The following persons offered comments or questions: -~ Bud Skoglund, 5823 Ba'rtlett Blvd Ron Gehring, 3215 Charles Lane Don Abel, 3026 Highland Blvd Janet Gellman, 3056 Highland Blvd The Mayor then closed the public hearing. Swenson moved and Withhart seconded a motion to continue this item to February 13, 1979. The vote was four in favor with Ulrick absent.. Councilmember Ulrick arrived at ~p.m. PARK COMMISSION MINUTES Swenson moved and Withhart seconded a .motion RESOLUTION 79-37 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION ON ITEMS 1,2,3,4,7,8,9,11, AND 13 IN THEIR MINUTES OF JANUARY 11, 1979 The vote was unanimously in favor. Polston moved and Ulrick seconded the motion RESOLUTION 79-38 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION MINUTES ON ITEMS 5 & 6A WITlt DES- IGNATION ON TABLES iNDICATING THEIR AVAILABLITY FOR PUBLIC USE. The vote was unanimously in favo~ $ 16 January 23,1979 [ovaasen moved and Swenson seconded a motion to refer item 12 back to the Park Commission. The vote was unanimously in favor. Ulrick moved and Polston seconded a motion RESOLUTION 79-39 RESOLUTION TO CONCUR WITH THE PARK COM- MISSION ON ITEM 6B IN THEIR MINUTES OF JANUARY 11, 1979- The vote wa~ unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 79-40 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK~COMMISSION ON ITEM 10 IN THEIR MINUTES OF JANUARY 11, 1979. The vote was unanimously in favor. ,' -STREET, SEWER, AND WATER IMPROVEMENTS Televising Sewer Lines Polston'moved and Swenson seconded a motion RESOLUTION 79-41 RESOLUTION AUTHORIZING THE ENGINEER TO PROCEED TO OBTAIN QUOTATIONS FOR TELEVISING SEWER LINES. The vote was unanimously in favor. Request For Sewer And Street Extension Ulrick moved and Withhart seconded a motion RESOLUTION 79-42 RESOLUTION REQUESTING A FEASIBILITY REPORT BE PREPARED FOR THE STREET, SEWER, AND WATER EX- TENSION REQUESTED. The vote was unanimously in favor. Watermain Replacement - Belmont Lane Polston moved and Swenson seconded a motion RESOLUTION 79-43 RESOLUTION REQUESTING THE ENGINEER TO PREPARE A COST STUDY ON REPLACEME~IT OF THE WATER LINE ON BELMONT LANE. The vote was unanimously in favor. Bike Hike Paths Swenson moved and Withhart seconded a motion RESOLUTION 79-44 RESOLUTION AUTHORIZING THE CONSTRUCTION OF BIKE HIKE PATHS AS RECOMMENDED IN COUNCIL MEMORANDU~I 79-9. The vote was unanimously in favor. LONG TERM DISABILITY INSURANCE BIDS Withhatt moved and Uirick seconded a motion RESOLUTION 79-45 RESOLUTION AUTHORIZING AWARD OF LONG TERM DISABILITY INSURANCE TO THE LOW AND ONLY BIDDER - MUTUAL BENEFIT LIFE. The vote was unanimously in favor. 3t, q January 23, 1979 COMMENTS ~NO SUGGESTIONS FROM CITIZENS PRESENT S.andra Andrews, Human Rights Commission representative, submitted a copy of the No Fault Grievance and Charge Processing for local Commission's from the State Human Rights Commis~i0nfor the Council's study. OUTDATED VARIANCE AUTHORIZATION David Linnet, 1890 Shorewood Lane requested the Council to consider his reapplication for a street variance. Swenson moved and Withhart seconded a motion RESOLUTION 79-46 The vote was unanimously in favor. REQUESTED LAND SURVEY RESOLUTION TO APPROVE A.STREET FRONT VARIANCE :UPON APPROVAL OF PLANNING COMMISSION. Lovaasen moved and Withhart seconded a motion to refer this to the Planning COmmission. The vote was unanimously in.favor. TAX FORFEIT LAND - LOT 17, BLOCK 7, SHADYWOOD POINT Lovaasen moved and Polston seconded a motion to refer this to the Planning Commission. The vote was unanimously in favor. BINGO PERMIT Polston moved and Withhart seconded a motion RESOLUTION 79-47 RESOLUTION APPROVING ISSUANCE OF A BINGO PERMIT FOR THE AMERICAN LEGION FOR FEBRUARY 24, APRIL 7, AND NOVEMBER 3, 1979. The vote was unanimously in favor. FOOD STAMPS Withhart moved and Lovaasen seconded a motion RESOLUTION 79-48 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY TO ISSUE FOOD STAMPS. The vote was unanimously in favor. 1978 AUDIT Polston moved and Ulrick seconded a motion RESOLUT!ON 79-50 RESOLUTION ~UTHOR!Z~N~ pAYMENT O~ ADD~T!gN~L FEE~ TQ T~E AUD!TQ~ ~0~ SERVLCE~ NOT TO EXCEED $400. The vote was four in favor with Swenson voting nay. RESOLUTION RELATING TO BUSINESS EXPENSES OF THE MAYOR AND CITY COUNCIL. 17 The vote was unanimously in favor. CONSULTING SERVICES The Council determined to refer this back to staff. COUNCILMEN'S EXPENSE Swenson moved and Withhart seconded a'motion RESOLUTION 79-49 January 23, 1979 DELINQUENT UTILITY BILLS Ulrick moved and Withhart seconded a motion RESOLUTION 79-51 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING ON DELINQUENT UTILITY ACCOUNTS TO BE HEARD FEBRUARY 6, 1979 AT 7:30 P.M. VACATION OF PART OF HANOVER AND DRUMMOND ROAD Withhart moved and Swenson seconded a motion RESOLUTION 79-52 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE V~CATION OF PART OF HANOVER AND DRUMMOND ROADS TO BE HEARD ON FEBRUARY 13, 1979 AT 7:30 P.M. ., The vote was unanimously in favor. PLANNING GRANT Polston moved and Withhart seconded a motion RESOLUTION 79-53 The vote was unanimously in favor. MI~INESOTA CITIES WEEK RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL TO PREPARE A COM- PREHENSIVE PLAN. Swenson moved and Withhart seconded a motion RESOLUTION 79-54 RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK. RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. TRANSFER OF FUNDS Swenson moved and Polston seconded a motion RESOLUTION 79-55 The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve payment of the bills in the amount of $288,768.33 as presented on the prelist where funds are available. Roll call vote was unanimously in favor. INFORMATION MEMORANDUMS Beachside Environmental Assessment The City Manager briefly reported on the status of the Beachside Environmental Assessment. Managers Report on Police Department Swenson; tn reading the confidential report, o~ page 4 time off by Sergeant Hudson it is noted the city received 11~ days work that Hudson did not get paid for. Question - Does the city owe Hudson 11~ days or 11½ days comp time ~n t~ r~,-ri~H nv~r into lqT~? January 23, 1979 Kopp: I don't know, he hasn't asked for anything yet. Swenson: Has Hudson's time off in 1978 been all documented so the time in the confidential report is authentic? Kopp: You have all the information I have. AGENDA ITEMS FOR MEETING OF FEB.RUARY 6, 1979 Councilmember Ulrick requested that letters and matters from the City of Spring Park be placed on the agenda of February 6, 1979. ADJOURNMENT Swenson moved and Withhart seconded a motion,to adjourn to the next regular meeting on February 6, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager 2-6-79 CITY OF MOUND Mound, Minnesota February 2, 1979 COUNCIL MEMORANDUM NO. 79-48 SUBJECT: Public Hearing - Delinquent Utility Bills At the January 23rd meeting, the Council set the date of February 6th for the public hearing on the attached list of delinquent utility bills. A revised list showing the unpaid accounts as of February 6th will be at the meeting. Q~/! ~6nar~ ~.. Kopp / ! ,s old) Account No. Name 33 439--~44'00-9-~ ...................................... ~m.__~oor.e 33 439 4510 51 Carol Stadola 68.06 33 41t2 4424 31 33-46~.-467-~-r~1 Dalreld Paine .He~py--bi-~er 46.36 33 463 4705 11 Kathleen Sandme|r 55.84 33 463 4955 21 Kenneth Holm 62.18 33 466 4966 21 Robert Thedorff 43.11 33 472 4435 61 Pam Grussendorf 72.35. 33 475 5190 O1 33-484---3~-18-41 33 500 4425 21 33 518 4720 O1 33 53O 3121 81 M. J. Phillippi .ILtha~f;_~cti. s Charles Childs Robert Grady $. Kokales 43.94 53 4_3 ~¢ ;-~/ 58.42 33 563 3012 0~ Joseph Holmes 43.97 33 578 2871 81 Joan Conkey 75.38 33 581 2901 71 Sally Swanson '75.4O 33 593 5109 91 Mike Weber' 40.58 33 593 5125 51 Phil'lip Forseth 58.66 ' o 4 .3.3_593.5~238] .............................................. ~a,rba~a_Aeub~n ....................... 4 46 33 596 498o 81 .33_59~_JL9-l. 11 Bobby Soen 100.26 Ad eJ~ i-n e-C a r r ........................ -36-.5 3---?:f.-~: '' 33 62O 4757 81 James Kelly 93.94 33__62_0_!t.8_ OJ _ _3_1 .............................. Rober [ O'Neil -33-620 4~65 8] .Da.[t,.~to. Eb]_ey 46.12 ~[3_62_%.5228_21 .......................... ._Wrrt~_F~a.s_s_[e___ _ 5J!., 53. 33--.~ ~]Z..321'3 41 ............ Cl. art;nce_ Brabec ...... 58.33 632 3237 ~ Toa~ Gurdort=f 6i.73 2-6-79 CITY OF MOUND Mound, Minnesota January 24, 1979 COUNCIL MEMORANDUM NO. 79-41 SUBJECT: Residential Mortgage Revenue Bonds Ernie Clark of Miller and Schroeder Municipals, Inc., will be at the February 6th meeting to discuss Residential Mortgage Revenue Bonds with the Council. Attached fo~ the Council's review is a proposal concerning Residen- tial Mortgage Revenue Bonds which will be discussed. 2-6-79 CITY OF MOUND Mound, Minnesota January 30, 1979 COUNCIL MEMORANDUM NO. 79-46 SUBJECT: Beachside Developers Attached are: 1. Copy of EQB letter of January 19, 1979 ordering an EIS on the subject project. 2. Letter dated January 19, 1979 from the Planner relative to City Responsibility and status of the project. 3. Letter of January 29, 1979 from the Planner giving a proposal to do the EIS on Beachside. The decisions to be made by the Council are: 1. Who should be hired to do the EIS? The City Planner is recommende~. 2. Who should pay for the EIS, the City or the Developer? Inasmuch as the request for a Conditional Use Permit is still before the Council, when should the Public Hearing be held? cc: C. Rubenstein Park Commission Planning Commission Minnesota Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Phone 296-9031 January 19, 1979 Leonard Kopp, City Manager City of Fbund 5341 Maywood Road Mound, Minnesota 55364 RE: Beachside Apartments Dear Mr. Kopp: The 30-day review period for the environmental assessment work- sheet (EAW) on the above project ended on January 17, 1979. No objections to the EAW's determination that an environmental impact statement (EIS) is needed on the project were received. Therefore, the decision stands. Notice of this decision will be published in the EQB Monitor on January 29, 1979. The Responsible Agency (City of Mound)-will have 120 days from that date to prepare the Draft Environmental Impact Statement. Sincerely, Jason Jentzsch, Staff Environmental Quality Board Jj/dh cc: Earl M. Nelson Beachside Development Corporation AN EQUAL OPPORTUNITY EMPLOYER ,.~ ,~.~ ISBERG, RIESE ERG, CHELSETH AND SOCIATES, INC. 2t 6 Second Avenue South, Minneapolis, Minnesota 55404 612-871-5628 TO: FROM: RE: DATE: LEONARD KOPP, CITY MANAGER CHARLES RIESENBERG BEACHSIDE EIS JANUARY 19, 1979 The purpose of this memorandum is to add'information and recommendation on the Beachside Apartment environmental review process. StatuS of Project Proposal In terms of compliance with local ordinances, the project proposal is currently under conditional use permit review pending public hearing and determination by the City Council. The local CUP review process, in turn, has been held up in conformance with the State of Minnesota Environmental Policy Act of 1973 calling for the mandatory preparation of an environmental assessment on residential development construction within the Lake Minnetonka shoreline area defined by Minnesota Statutes, Section 105.485, consisting of 50 or more units. Herein, the 54 unit Beachside proposal dictates a mandatory EA preparation. By preparing the Beachside Apartment Environmental Assessment, the City has followed state law in its preparation and submittal onto the EQB for their processing. Subsequently, your office has been notified by the EQB that after its 30 day objection filing period, the Environ- mental Assessment's Finding of need for the preparation of an EIS has been upheld by EQB. Furthermore, the EQB has ordered the City (acting as responsible agency) to prepare the EIS on the Beachside Apartment proposal. A more detailed EQB review process diagram is attached to this memo. II. City'Responsibility'and'Recommendations With the project already going through the first three steps of the EQB review process, now the City is ordered to prepare the EIS. a. 'Local'Ordinance'Review -. It is recommended that any City Council action on the local con- ~ ditional use permit issuance be delayed once again until an adequate ~ clearance is forthcoming from the State EQB. b."O?de~ing'the'preParation of'the EIS To conform to state law and EQB mandates, it is recommended the City order the preparation of a Beachside Apartments EIS. This entire process involving a 120 day study period and agency review procedure will take from 230 to 360 days for state clearance. If the study . is prepared earlier than 120 days and good cooperation at state/local agencies results, it is conceivable to achieve a shorter time period than 230 days. c. Cost of the EIS By State EQB regulation, if the proposed project in need of EIS preparation is one million dollars or more in value then the City may charge back to the private developer the cost of the EIS preparation, up to 3% of the project cost (i.e., $30,000 on a million dollar project). Therefore, since the Beachside Apartment project is valued by the developer at one million dollars on his City permit application forms, and knowing that a 54 unit apartment building at today's cost is probably well in excess of $1 million, it is recommended that the City Council, along with ordering the EIS preparation, require the developer to furnish some form of se- curity such'as a letter of credit, etc., to insure proper payment for work performed by the City on the EIS. It will take a more detailed appraisal of the project proposal to clearly estimate a specific cost for the EIS preparation. My past EIS work has shown that many EIS's are less than 3% of the project cost, especially on a small site such as the Beachside proposal. A figure of between $10,000 to $20,000 is not uncommon on a study of this scope and nature. Working out these details in the upcoming weeks can take place. d. Technical Assistance in the EIS Preparation Along with having the developer pay for the costs of the EIS, the City will have to seek technical assistance in the study preparation. It is best that the firm preparing the EIS give a detailed proposal to the City on the cost of the study, estimated hours of work, timetable, outcome of study, etc., to insure the City adequately meets state law. As we discussed earlier, our firm maintains years of experience in EIS preparation and would feel comfortable providing the technical services to. the City in carrying-out the Beachside EIS project, aside from the limited engineering work tasks. HI,~.IE.,OTA E:IVIRO;I!-'.E:iTAL REVIE~I ?ROCESS I;lo J I:tA~'EiJUATE EIS FINDI;tGS J * OBJECTIO;IS FIlED 'J J E~c ~EcIsIO. (~o-7o DAYS) J EIS TO BE PREPARED J DP, AFT EIS PREPARED j WITHI~I 120 DAYS I DRAFT ElS FILED ~ITH EQC J J 'PUBLIC ;.~SETI?(G OR HEARING 30-45 DAYS AFTER DRAFT EIS FILED WITH EQC J RECORD [~E!4AI~IS OPE;( FOR 20 DAYS AFTER NEETI:IG OR HEARING J FI,"IAL EIS PREPARED i (30 DAYS) J F,~A~. ~s FI,ED W~T. E~ J j EQC DECISIO~t (30 DAYS) ' .] ~--j ~VIE. EIS (~S DAYS) -~] PROPOSER SUSMITS DRAFT, J EArl TO RESPO:ISIBLE AGEJCYJ OBJECTIO~IS J ~(~s gAYS) J E~S P~-~PA~E~ . J CORP. FCTS I:tADEQUACIES (30 DAYS) I R."SuB:IiTTAL UF FI,IAL EIS J ! J' ElS AgEO, U;,T6 i I E,S ,t'(a COn:.~E:~T (IS ~ EqC. FI:tAL REVIEW.J · r-~, ATK J ElS Revie:¢ time variable dependent upon r~e~ing or hearing srJqedule From pertinent agencies, petition or develo,~er ~q .o ~IS ~E~Ui~ED l ~40 REVIEW J .- lEIS ^CCE~TEDl ISBERG, RIESENBERG, CHELSETH AND ASSOCIATES, INO. 2116 Second Avenue South, Minneapolis, Minnesota 55404 612-871-5628 TO: FROM: RE: DATE: LEONARD KOPP, CITY MANAGER CHUCK RIESENBERG, PLANNER BEACHSIDE APARTMENT PROJECT JANUARY 29, 1979 From directiOn given'by the Mound City Council and your office, the following represents a recommended program proposal for the City to follow in adequately preparing to meet the EQB mandate in preparing an EIS for the Beachside Apart- ment Proposal. A. Agreement With Projec.~. Sponsor Consistent with the EQB 1977 rules and regulations, Chapter 15, Section 3.041, require the project sponsor to enter into agreement with the City for the developer to fully compensate the City for expenditures incurred in the preparation of the Beachside EIS. Moreover, it is recommended the developer deposit with the City a cash payment equal to the EIS prepara- tion cost estimate prior to the City commencing on the project work. B. EIS Program Tasks, Cost, and Timetable 1. Tasks - preparing the EIS to meet EQB requirements - a program with three major elements: a. drafting the EIS - the actual stUdy document preparation is the key ta'sk Which involves analyzing the site's physical environment, making judgements as to the proposed project's adverse affects on the environ- ment, and recommending ways, if needed, to mitigate potential adverse environmental affects of construction. b. additional technical assistance - it is estimated that a limited amount of professional engineer'ing assistance is needed to supplement the planner's efforts in Order to accurately analyze and discuss eigineer- ing solutions to potential adverse environmental affects (i.e., drain- age, diking, ponding, etc., of runoff). c. mee~iEgs - while the study part of the program is most time consuming, the multitude of meetings necessary to perform a successful EIS are demanding. It is estimated that the initial meetings with the staffs of EQB, DNR, Watershed District, Corps, MPCA, and developer will rep- resent approximately 7-10, along with up to another dozen or so meet- ings in the review process to final draft EIS. 2. Cost - the estimated cost of preparing and administering the Beachside EIS for the planner is $7,050 in parts: a. drafting study and document (208 hrs. 0 $25) (research, writing, typing, mapping, graphics) b. Meetings (20 at 3 hrs. 0 $25) c. Printing (50 xerox copies of 50-75 report in B/W) d. Engineering* TOTAL COST %5,200 1,500 250. 5OO q7,550 * Project engineer will suffice 2-6-79 CITY OF MOUND Mound, Minnesota February 2, 1979 COUNCIL MEMORANDUM NO. 79-42 SUBJECT: Prosecuting Attorney- The Council has requested a report on the money paid the Prosecuting Attorney and has requested the Attorney appear at a Council meeting so the new members would have a chance to meet him. Mr. Piepkorn will be at the February 6th Council meeting. Piepkorn was hired in February and really didn't get into full work until March, therefore, the calculations start with March and go through December. Inasmuch as the pay is a flat fee plus an hourly pay fee for all work over the minimum, some look should be taken to see if the work load has increased. Attached is a report showing the police activities that the Prosecutor derives his work from, and as well as best can be determined, which cases went to Court. The number of tickets issued by the Police increased in all categories except for open bottle and it was down one. Court activities - not guilty pleas increased, while guilty pleas de- creased. The not guilty pleas increases the amount of court work. Also, the number of bad checks we have sought attorney's help on in- creased in 1978 as well as ordinance tags. There is no good way that we can compare the amount of work an attorney is required to do during the month except what his bills cover. Also, we know that when we change attorneys, other attorneys always seem to "try" the new man to see what they can get by him. Month March April May June July August September October November December Total SALARIES 1977 $300. 300. 300. 640. 300. 300. 300. 385. 300. 300. $3425. 1978 $30o. 300.. 510. 517.50 870. 532.50 727.50 397.50 315. 500. $4,970.00 I I I I I I to to I t-~ I I I I I--a I I I I-~ I I I'-: I I UI I I ~. 0 I Ln I~ 0 · II I I ! [0~ I~ lin ~ I I I I I I I I I~ I I-~ I I 0 2-6-79 CITY OF MOUND Mound, Minnesota January 26, 1979 COUNCIL MEMORANDUM NO. 79-43 SUBJECT: Water for Spring Park Attached are copies of two letters Spring Park has sent regarding a water connection between the two cities. The Mound Council has discussed this on two or three occasions, but has come to no conclusion. It is suggested that the Mayor appoint a Committee to meet with a Committee from the Spring Park Council to discuss this question. cc: Spring Park R. Shanley 471-!II151 February 14, 1978 lily of i pring pring larlt, l IN 55384 471-91155 Mr. Leonard Kopp, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Leonard: At the request of the Spring Park'Council and a member of your Council this is an inquiry on the status of Spring Park's request for possible interconnection of the two cities' water lines. Perhaps these points of information may clear up concerns that were expressed by members o£ your Council. 1. This interconnection would be on an emergency basis only. Our present wells are more than adequate to serve our domestic demand and there is no intention to buy water for this purpose. Also, Spring Park is considering installation of a new well to supplement our present supply. 2. Spring Park presently has an interconnection with the' City of Orono which could be drawn on in an emergency in either Spring Park or Mound. This valve has been opened on severaloccasions, for the benefit of both Orono and Spring Park. 3. One of the primary purposes of this interconnection is that the Mound Fire Chief, Gene Garvais, has strongly recommended that this be completed as soon as possible for the benefit of both cities. Originally, the thought was for interconnection at the Seton Bridge, but in light of the proposed new bridge on CSAH 125, perhaps that area might be more feasible.. These suggestions are merely areas for discussion and the Spring Park Council would be happy-to discuss these items with the Mound Council whenever time could be arranged. May we here from you at your earliest convenience. Yours very' truly, Patricia 0sm°nson Administrator/Clerk-Treasurer PO/sg cc: Mound City Council Spring Park City Council Flu gll. l July 19, 1977 Mr. Leonard Kopp, City iqanagep City of Mound 5341 Fiaywoo([ f{.oad Mound, 1,1N 557j64 Dear. Leonard: The Spring Park City Council has been discussing the condition and adequacy o:C its sewer/water system and has found several areas for improvement,' one of which would be a water interconnection with Mound at 'the Seton Bridge. Spring Park would certainly acc?ue benefits and i'm sure you and your' Cotmcil can immediately see the benefits to Mound of such an Jnterconnection in view of the problems Mound enc~unl, c~...d " ~ ' ,'~c, ' 19'/6 ~h~.s connection would be on an emc~"gency basis ~7of both cities. Perhaps you could submit thi. r; reques't to the Council flor' their comments and pos;s'.Lblo agreement to the concept. We would, appreciate a rep[Ly when your Counc..zl has had time for discussion. Sincerely, -) Patricia Osmon3on Admi. nistrator/Clerk-T~eanur~er PO/s£ 2-6-79 CITY OF MOUND Mound, Minnesota January 26, 1979 COUNCIL MEMORANDUM NO. 79-45 SUBJECT: Loitering in CBD The City has received several complaints about loitering in the Central Business District, especially the parking lots near the Medical Clinic. Attached is a copy of a letter from the Police Chief suggesting a change in Section 51.02 of the City Ordinance that might be helpful in controlling the situation. If the Council is agreeable to an ordinance change, this should be sent to the Attorney to finalize the ordinance. ON LAKE: MINNE"rONK~ 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 INDIAN BURIAL MOUNDS TELEPHONE (6].2) 472-].155 January 23, 1979 TO: FROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Juvenile Problems in the area of downtown Mound For the past several years young people loitering in the downtown area, primarily the public parking lot north of the Mound Medical Clinic, have generated numerous complaints from businessmen and passersby regarding indiscriminate vandalism and unruly and intimidating conduct. The clinic parking lot is an on-going gathering place for youth, most of whom are juveniles. The criminal conduct of these people has resulted in thousands of dollars in damage. For example, during 1978 alone the clinic building suffered over $6,000 in damage and the Super Valu store suffer- ed over $23,000 in damage in a fire, which, although classified as arson, is an outstanding example of the indiscriminate vandalism done by some of these young people. This coupled with other acts of vandalism, disorderly conduct and litter- ing makes this area an inordinantly big problem. Certainly not all people loiter- ing in the area are involved, but the security created by the numbers of people hanging out in the area seems to incourage antisocial and destructive behavior by many. It is very difficult to enforce the many violations that occur in the area which include not only mentioned above, but many traffic violations such as careless driving and speeding and other violations such as consuming and possession of alcohol and the use, possession, and sale of narcotics. When police officers are in the immediate area the crowds generally disperse, but as soon as the police officer leaves, even for a short time, the problems reoccur. Enforcement of the violations that occur generally require a police officer to observe the violation to make an arrest. Violations witnessed by citizens are often unsatisfactory because the citizen can only identify the group and not a specific individual that may have committed a violation. Further, complaining citizens and businessmen may then be subjected to further harassment. To cope with the problem we have assigned police officers to hidden surveillance of the area on many occasions to identify violators. As a result many arrests have been made, but this approach is impract- ical because it requires two officers over lengthy periods of time, and we do not have sufficient personnel to assign them in this manner on an on-going basis. It is my opinion that the police department, city, and the school district have made sufficient efforts to provide alternatives and recreation for young people. It is not necessary for the youths to just "hang out" downtown. The school and the city spend large sums of money on athletic, social, and other programs for young people. The police department and the city provide the Free B youth center and sponsor an Explorer scouting program. Further, it is my opinion public agencies cannot continually provide all special service, social, and athletic programs as the only answer. The parents of youth must be responsible for their children's behavior and be accountable for knowing the whereabouts and activities of their children. If parents are held, at least in part, accountable for their children's behavior I believe the ongoing problems that have been demonstrated in the downtown area will decrease. For these reasons I recommend that the Mound city ordinance be amended to provide the police department with an enforceable law to control the criminal conduct of · these young people and secondly to place in jepordy the parents of those young people that allow this behavior. I want to make it clear that the antisocial and criminal behavior being demonstrated in the downtown area is by a relatively small number of youth. Most young people are no problem whatsoever and they have healthy activities to take up their free time. It is recommended that Mound city ordinance chapter 51, section 51.02 "Lurking and Loitering" be amended to read as follows. Lurking, lounging, loitering, or being concealed in, upon, or near~ ~the public streets, highways, roads, alleys, parks, playgrounds, side- walks or other public grounds, and public buildings, places of amuse- ment, entertainment or refreshment, vacant lots, parking lots, or other unsupervised places or any property, whether public or private, not his own, (1) when such conduct results in the making of any noise, riot, dis- turbance or improper diversion, to the annoyance or disturbance of another, or (2) when such conduct tends reasonably to or is likely to arouse alarm, anger, fear, or resentment in another, or (3) When such conduct is with intent to do any mischief or to commit any crime or unlawful act, or. (4) When such persons shall'collect in groups or crowds in, 'upon, or near any street, sidewalk or public place in said city so as to obstruct public travel or movement thereof. (5) Further, it is unlawful for any adult, parent, or guardian to know- ingly or negligently permit their juvenile child to violate this ordinance. The second violations by a juvenile of this ordinance shall be prima facie evidence that the adult, parent, or guardian knowingly or negligently permitted the juvenile to violate this ordinance. Respectfully, Charles JOhnson Chief of Police 2-6-79 CITY OF MOUND Mound, Minnesota January 30, 1979 COUNCIL MEMORANDUM NO. 79-47 SUBJECT: Consulting Service Council Memorandum No. 79-30 discussed with the Council the possibility of getting a consultant to look at the operation of the Police Department. The Council asked for a background check on the proposed consultant along with another price. We checked with the Cities of Brooklyn Park, Robbins- dale and Oakdale in this area and they were all more than satisfied with his services. A call was made to the City of Beloit, Wisconsin, where the consultant was on the Police Department for many years. In discussion with the City Manag- er's Secretary, we found that they were satisfied with his services and that he left their employ of his own volition. With regard to price for the service, a discussion was had with the Public Administration. Service in Chicago and I was informed that their cost for a similar study would run $5,000 to $7,500. If the City Council is interested in an in-depth look at the department, the $3,000 cost seems a good buy. Leonard L. Kopp 2-6-79 CITY OF MOUND Mound~ Minnesota January 23, 1979 COUNCIL MEMORANDUM NO. 79-40 SUBJECT: Water and Sewer Rates The City Council requested that we get some quotations on the cost of having an engineering firm study the water and sewer rates and also the possibility of taking a look at the operating procedures. We have received three quotations which are: (Copies of the proposals submitted by these firms are attached.) Black & Veatch proposes $6,000 each for Water and Sewer Rates and $3,000 each for studying the Water and Sewer Operation. $18,000. Total. Kirkham, Michael and Associates propose $5,000 each for Water and Sewer Rates and a cost lower than $10,000, if both studies are made at the same time. It should be noted that the cost could exceed the price quoted with City Council approval. They quote $7,000. plus out-of-pocket expenses for the sewer and water operation study. Total $17,000. Hickok and Associates quote a total of $8,000 for the sewer and water rate study including the operation study. Should the Council want only the rate study for water and sewer, that cost would be $5,850. It is recommended the quotation of Hickok and Associates be accepted. BLACK & VEATC H CONSULTING ENGINEERS TEL. (913) 967-2OOO TELEX 42-6263 1500 MEADOW LAKE PARKWAY MAILING ADDRESS: P.O. I~OX NO. 8405 KANSAS CITY, MISSOURI 64114 January 19, 1979 Mr. Leonard L. Kopp 'City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: In response to your request, we submit this letter proposal of work. The scope of work outlined herein includes a study of the water and wastewater user rates and an overall review of the operations and organi- zation. For the purpose of this proposal, it is assumed that the City will provide a bill tabulation for a twelve month periOd. We will provide direction as to the form of summarization of this data. We propose that this work be billed to you on the basis of twice payroll costs plus out-of-pocket expenses. Payroll costs are defined as actual salary costs plus 25 per cent payroll related overheads. It is estimated that the total charges for this engagement would be on the order of: Estimated Fee Water Rate Study $ 6,000 Wastewater Rate Study $ 6,000 Water Operations Study (Organization) $ 3,000 Wastewater Operations Study (Organization) $ 3,000 Total for All Four Studies if Performed Concurrently $ 15,000 The scope of the work would include: the review of historical operations; a five year projection of future operations; a cost of service study by customer classifications; design of cost of service rate schedules; review of the overall operations and organization. BLACK & VEATCI Mr. Leonard L. Kopp January 19, 1979 Based upon the foregoing studies, present a preliminary report for consideration by the City. Taking into account the preliminary report and any policy considerations made by the City, prepare a final report for presentation to the City and others. If further information is desired at this time, please let us know. We will be glad to assist you in this matter. Very truly yours, BLACK & VEATCH William A. Crabb jmk 0~' co 0 ~ 0 · 0 ~ H~m 0 ~ · (1:) ::Y~: 0 ~ 0 ~ ~0 ~-Om N ~ ~- 0~ ~ ~00 0 ~ ~0 ~0~ ~-0 o m o ITl m ITl o 'T m m N 0~-~0 ~Q 0 ~00~ H'~O I~. 0 0 0~ ~ 0 0 m r.~ ¢ 0 0 0 · 0 0 O0 ~0 i~. O~ Om 0 0 0¢ ~0 ct'CD 0'~ 0 ~0 0 0 0 I~. I~. 0 P~ O~ :~ ~ :~ H 0 0 H 0 I--.o H omm o Ofl) O~ ~0 ~H · 0 O~ ~0 {~ 0 ~O{D ~{~0 ~.. i~. ~0~' 0 ~0 00~ O o 0 0 0 ~0 0 ~ I~.~ ri'Q) d'O ~ ~rO ~' o~ 0 (~ I-htr' m rt-t,<; 0 ~ ~ rt'O~ 0 PJ 0 O~ ~ ri' O~ ~Ot.Q I.-~ 0 t-,. o3 MO I~0 t~ (3 0 D~ 0 ~ ~-~0 ~M~ ri- M ~0 · ~ ~ ~ ~0 M ~-~ M M ~0~ · 0~ ~- ~0 ~ ~ M ~0 ~ OmO~O G G 0 ~ ~ 0 0 ~ ~-~0~0~ ~00 ~~OmO wOO ~0 ~E~ ~u.. '0 · ~{~ 0 ~OO N-~ m 0 ~m m O~Q~O ~0 ~, 0~-~ ~o~ ~0~ 0 N ¢ OOG O0 ~~0 ~D~H December 11, 1978 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 Mr. Leonard Kopp, City Manager City of New Ulm 5341 Maywood Road Mound, Minnesota 55364 Re: Rate Study Proposal Dear Leonard: In accordance with your request we are pleased to present a proposal for conducting a study on water and sewer rates for the City of Mound. As indicated to you verbally, rate studies are rather tedious tasks and unfortunately tend to be rather expensive. We are, however, pleased that you contacted our firm and sincerely appreciate your continued interest in E. A. Hickok and Associates. We are prepared to provide the necessary personnel to prepare a water and sewer rate study and include a cost of service study. It is our opinion that the cost of service portion of the rate study i~ essen- tial in determining exactly where money is being spent (fixed costs) and where improvements in operating expenses may be improved. In addition, the cost of service study provides the necessary data to properly prepare budgets in the ensuing years. We propose to provide the necessary personnel to perform the water and sewer rate study, including a cost of service study, for the sum of Eight Thousand Dollars ($8,000.00). Our services would include preparation of a report and presentation to the council upon comple- tion. Twelve copies of the report would be furnished to the City. If you have any questions and/or comments, please feel free to contact me at 473-4224. Sincerely, E. A. HICKOK AND ASSOCIATES Gebl'ge W.t Boyer, P.E. Vice-President GWB/j el 3Z7 December 22, 1978 545 Indian Mound. '~,~" Wayzata, Minnesota 55391 (612) 473-4224 Mr. Leonard Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Rate Study Proposal Dear Leonard: Confirming our telephone conversation of today, the cost for the water and sewer rate study, not including a cost of service study, will be $5,850.00. If you have any questions, please feel free to contact me at 473-4224. Sincerely, ~g~ ~. Bo~er, P.E. ~/ce ~ P~eside~t GWB/jel 2-6-79 CITY OF MOUND Mound, Minnesota January 26, 1979 COUNCIL MEMORANDUM NO. 79-44 SUBJECT: License and Permit Fees Last fall, the Council was sent Council Memorandum 78-287 suggesting increases in license and permit fees. The Council asked this be held over until 1979 for consideration. This will be listed for discussion on February 6th. 9-28-78 CITY OF MOUND Mound, Minnesota ESTIMATE ON INCOME FROM LICENSE FEES The Council asked for an estimate on what cash would increase of license fee increases~: Present No. of Proposed Additional License Licenses License Cash Each Fee Fee License Juke Boxes $5.00 5 $10.00 Ea.~ $ 5.00 15.00 Ea. 10.00 Billiard- $5.00 3 Pool Tables Games of Skill $15.00 , 11 $25.00 ~< $10.00 Bowling $10.00 Lane 8 Dance Permit(Yr.)S100.00 0 Dance Permit $10.00 0 Per Dance $15.00 ~ $5.00 $200. 00 ~ ~- - $20. or $25.~~ - 'Dinner Dancing $750.00 Yr. 1 100.00 Mo. No change ~%~ .... 3.2 Beer Off Sale $10.00 9 3.2 Beer.On Sale $150.00 4 $20.00 Ea. %~=' $10.00 25.00 Ea.~ $15.00 $175.00 Ea.~~ $2'5.00 200.00 Ea. 50.00 Entertainment $35.00 $50.00 ~- ~ $15.00 set up $75.00 3 Restaurant $1.00 11 $200.00~ ~ $125.00 300.00 225.00 $5.00~ :-: .... $4.00 10.00 10.00 as a result Total Alt, 1 Alt. $25.0O 15.00 110.00 40.00 $90.00 $100.00 $15.00 $375.00 $44.00 $50.00 0 $130.00 $200.00 $675.00 $99.00 2-6-79 CITY OF MOUND Mound, Minnesota February 2, 1979 COUNCIL MEMORANDUM NO. 79-49 SUBJECT: Space Study Attached is a copy of a letter from the Police Chief about the possi- bility of use of the old high school after it is vacated. It appears the next step is a cost study. Since such a study would not be a commitment on the part of the City, it is recommended we join in the study. ON LAKE MINNETONKA 5343. MAYWOOD ROAD MOUND, MINNESOTA 55364 INDIAN BURIAL. MOUNDi~ TELEPHONE (612) 472-1155 February l, 1979 TO: F ROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Utilization of Mound School District Building Space for the Police Department On January 23, 1979 I met with Don Brandenburg, Gary Mayer, and Wayne Smith, representatives of the Mound School District, for the purpose of touring the school facility at Lynwood and Commerce and for discussion on the possibility of the police department leasing space on the basement level of the school (the current district offices). The school board has authorized evacuation of the older portion of the Mound school building and the northern most pods of the new section of this facility effective the 1979-80 school year. School staff has recommended to the school board not to sell this property but rather to retain ownership for anticipated enrollment increases in the 1990's. It is their plan to move the central administration offices to the northern pods and to lease space on all three floors of the older building to non-profit or government organizations. In the past there has been discussion of the need for adequate facilities for police department use. It is my opinion the space available at the school may be suitable but to accurately determine the feasibility and cost effectiveness of using this space should be studied further if it is agreed by the council and yourself that the need exists. At this time there are no exact cost.figures available, however I was told the lease would be strictly on a cost basis. It would be necessary to negotiate with the school district to arrive at a firm cost. Among the considerations to be considered or negotiated would be their base for determining actual cost and if their cost included such things as maintenance and upkeep, utilities, and remodeling or capital improvements that may be necessary to the building. It is my recommendation we completely study the feasibility of utilizing this space and enter into discussions with the school district to determine exact costs. When the feasibility and costs are determined there would then be 3Z2. sufficient information to access the cost effectiveness of such a move. Respectful ly, Chief of Police CJ: 1 ao FA EG R E 8. BEN SO N 1300 NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 612/ 371-530o J~nuary 30, .1979 . Leonard Kopp C~Ci~y Manager City of Mound 5341 Maywood Road Mound, .Minnesota 55364 Mr. A1 Norman Aetna Life & Casualty Company 1340'Cargill Building Minneapolis, Minnesota 55402 Ellora A. Perron vs. City of Mound, et al vs. Aetna Our file no: 39141 Aetna file no: 37 AL 800343 CCA AND James A. and Lida L. Miller vs. Patricia L. Huesman vs. City of Mound Our file no: 40174 Aetna file no: W 37 PP RG Gentlemen: A situation has arisen with respect to these two files which we would like to call to your attention. While we do not think there is an 'insoluble problem, you should know what has occurred. On July 6, 1978, we were asked to represent Aetna in the Perron case. In that case the City of Mound has been sued by one of its employees who worked in a municipal liquor store for malicious prosecution arising out of the claimed sale of liquor to a minor. Aetna refused to defend the City because of a limitation in its policy, and the City served a third-party complaint against Aetna. There has been no other activity on the file. 31o RE: Perron vs. City of Mound, et al vs. Aetna AND Miller vs. Huesman vs...Cit. Y of Mound January 30, 1979 Page 2 In Miller, the City is a co-defendant in an action arising out of flood damage to a house which occurred in mid-1978. We were asked by Aetna to appear for the City in that case and have served an answer on its behalf. There appear to be no facts common to both cases and it does not appear that any information we may obtain from the City in the Miller case will have any bearing on the Perron case, or vice versa. However, because we represent the City in Miller and we represent Aetna in its defense against the ~ity's claim in Perron, we want to ensure there is not even an appearance of impropriety. In accordance with the Code of Professional Respon- sibility, especially Ethical Considerations 4-5, 5-16 and 5-17 and Disciplinary Rule 5-105, we are describing this situation to you. We do not believe we are representing differing interests in these two cases, and thus we do not recommend that either of you retain other counsel. The sole purpose of this letter is to acquaint you with our involvement in both cases. JF/pjw iry tr.u~y yours, Minnesota Water Resources Board 555 Wabasha Street. Room 206 St. Paul, Minnesota 55102 (612 - 296-2840) STATE OF MINNESOTA COUNTY OF RAMSEY In the Matter of the Petition to Change the Boundary of the Minnehaha Creek Watershed District (Section 112..39, Subd, 4) ORDER FOR HEARING AND NOTICE THEREOF IT IS HEREBY ORDERED and notice is hereby given that a hearing concerning the above-entitled matter will be held on February 15, 1979, at the Wayzata City Hall, 600 Rice street, Wayzata, Minnesota, 55391, Hennepin County, beginning. at 7:00 p.mo in the Council Chambers. The hearing will be conducted by Howard Kaibel (6122 296-8107), a Hearing Examiner from the Minnesota Office of Hearing Examiners, 1745 University Avenue, St. Paul, Minnesota, 55104. All "parties" have the right to be represented by legal counsel or any other representative of their choice throughout the proceeding. The hearing will be conducted pursuant to the contested case procedures set out in Minnesota Statu~es, Sections 15.0411 through 15.052, and Minnesota Reg. HE201 through 222. Questions concerning the issues raised in this Order"and Notice or concerning informal disposition or discovery may be directed to Special Assistant Attorney General, LeRoy Paddock, St. Paul, Minnesota, 55155 (612-296-7013). 317 The purpose of this hearing will be to receive and consider testimony and evidence bearing upon a Petition for a Change of Boundary signed by the President and the Secretary of the Minnehaha Creek Watershed District Board of Managers. The Petition'asks ~or the addition of certain lands to the Minnehaha Creek Watershed District. The Petition was filed with the Minnesota water Resources Board on November 9, 1978. The Minneh'aha Creek Watershed District was establishe.d by Order of the Minnesota Water Resources Board on March 9, 1967. . The .Petition has been served on the A. uditor of Carver .County, the Director of Finance and Records of Hennepin County, the Commissioner of the Minnesota Department of Natural Resources, and the Director of the Division of Waters of the Minnesota Department of Natural Resourc&So I o The land asked to be. added to the territory of the Minnehaha Creek Watershed District is located entirsly within the north~vest quarter of the southwest quarter of Section 20, Township 118 North, Range 22 West, in the City of Plymouth, Henn~pin County, and is described as follows: ~ "Beginning at the northeast corner of the northwest quarter of the southwest quarter of Section 20, Township 118 North, Range 22 West; thence westerly along the north line of the northwest quarter of the southwest quarter of Section 20 to the northwest corner of Lot 7, Block 1, Shiloh Addition; thence southeasterly to the centerline of cul-de-sac of 'Kimberly Lane; thence southwesterly along the centerline of said Kimberly Lane to the north line of Lot 3, Block 3, Shiloh Addition; thence '~ northwesterly to the northwest corner -2- of said Lot 3, Block 3, Shiloh Addition; ~hence south 05 degrees 12 minutes west 142.82 feet to the north line of Fairfield .Estates; thence south 88 degrees 27 minutes 48 seconds west to the northwest corner of Lot 3, Block 1, Fairfield Estates; thence southerly 243.20 feet to the north li~e of Lot 7, Block 2, Fair- field Estates; thenc'e easterly to the northeast corner of said Lot 7, Block 2; .! thence southeasterly ~to the southeast cor.ner of said Lot 7, Block 2; thence westerly to the west plat line of Fairfield Estates; thence southerly to the southwest corner of the northwest quarter of the southwest quarter of Section 20; thence easterly to the southeast corner of the northwest quarter of the southwest quarter of Section 20; and thencd northerly to the northeast corner of the northwest quarter ~of the southwest quarter of Section 20~ ' Township 118 North, Range 22 West, the point of beginning." Any person who desires to become a "party" to this case must submit a timely petition to intervene to the Hearing Examiner, pursuant to Minn. Reg. HE210, showing how that person's legal rights, duties and privileges may be determined or affected by the decision in this case. The petition must also set forth the grounds and purposes for which inter- vention is sought° A "party" to a case has the right to present evidence and argument with respect to the issues and to cross-examine witnesses. At the hearing, all persons interested in or affected by the proceeding shall be given an opportunity .to be heard without becoming "parties". -3- The above-cited procedural rules are available for inspection at the Office of Hearing Examiners, or may be purchased from the Documents Section of the'Department of Administration, 140 Centennial Building, St. Paul, Minnesota," 55155 (612-296-2874). Persons attending the hearing should bring all evidence bearing on the.case, including any records or document ~' S. The Petition is available'for inspection by-all interested persons during normal business hours at the County Auditor's office of Carver County, at the office of the Director of Finance and. Records of Hennepin County, and at the office of the Minnesota Water Resources Board. Dated at Saint Paul, Minnesota, 55102, this 19th day of January 1979. MINNESOTA WATER RESOURCES BOARD Robert T. Moline Chairman -4- 3 LAKE MINNETONKA CONSERVATION L.M.C.D. MEETING SCHEDULE February, 1979 DISTRICT Wednesday Saturday Wednesday S atm~day Monday Wednesday 2- 7-79 2-10-79 2-14-79 2-17-79 2-26-79 2-28-79 Pmblic Hearings: Spring Park Village M~.ll 7:30 p.m. Minnetonka Boat Works (postponed f~om 1-17-79) 7:50 p.m. Woodend Shores Beach Association 8:10 p.m. Baycliffe Homeowners Association 8:30 p.m. Herzog Acres Association 8:50 p.m. Lord Fletchers of the Lake 9:10 p.m. MinnetonkaEdgewater Apartments 9:30 p.m. Lake MinnetonkaMarina Water Structures &Environment Committee 7:30 a.m., Harts Cafe, Wayzata Public Hearings: Tonka Bay Village Hall 7:30 p.m. Tipi-Wakan Apartments 7:50 p.m. Shorewood Yacht Club 8:10 p.m. Seton Village Association 8:50 p.m. Stubbs Bay Marina 8:50 p.m. l~indward Marine 9:10 p.m. Cochrane's Boatyard Executive Committee 7:30 a.m., Harts Cafe, Wayzata Lake Use Cow~ittee 4:30 p.m., LMCD 0ffice, Wayzata Regular Meeting of the Board of Dimectors 8:00 p.m., Gray Freshwater Biological Institute, Navarre 1-29-79 LAKE MINNETONKA CONSERVATION PUBLIC HEARINGN~I~ TIPI-WAKAN A~TS. ~EW DOCK LICENBE DISTRICT Notice is hereby given that the La~e Minnetonka Conservation District will hold a public hea~ing at the Tonk~ Bay Village Hall, 4901 Manitou Road, at ?:30 p.m. on Wednesday, Feb=ua~y 14, 1979, in the matte~ of a new dock license f~. the Tipi-W~a~ Ap~tments in A~ea 11 (Sp~ing Pa~k B~y) at 4363 Wilshive Blvd., Mound. ~nnetonk~ Consi~t'~ont District MONTHLY ACTlU/ITY [,:EPORT OF LIQUOR SALES L~.ST ~_,AR. ~,u ~^¥woo~ ~o~[~ ~-~L~HONE January 31,. 1979. Lyle Swanson McCombs Knutson Associates 12805 Olson Memorial Highway Minneapolis, MN. 55441 Dear Lyle: The Council has asked if we can vacate 5 feet on each side of Shorewood Lane where it is 60 feet wide as shown on the attached map. In your opinion, is a partial vacation possible or does the location of utilities, drainage, etc. present problems? Sincerely, ...... 'Le6nard L. Kopp City Manager LLK/ms Encl. cc: City Council MOUND, MINNESOTA 55364 (612) 472-1155 January:30, 1979 TO: Hal L~rson~ Chairman Park Commission FROM: City Manager SUBJECT: Contract wi'th School I have discussed the proposed contract with C. Peterson of the School and we are suggesting a meeting of a committee of Park Commission members and Community Service Committee members. The time has been se~ for 7:30 P.M., Wednesday, February 14th at the City Hall. ~ ~ ~, .. Please appoint those persons yo~ wish to attend this meeting. Hope this arrangement meets with your approval. LLK/ms cc: City Council DEPARTMENT 01::: TRANSPORTATION 320 Washington AY. South Hopkins, Minnesota 55343 935-3381 January 26, 1979 Mr. Leonard L. Kopp, Manager City of Mound 5341Ma~a~ood Road Mound, Minnesota 55364 Dear Len: We have received your letter of January 11, 1979, in which the City Council requests that the County undertake a complete traffic study on CSAHs 15 & 110 in the Mound Central Business District (CBD). Please be advised that our Traffic Division has just received copies of all the accident reports within this described area from Police Chief Johnson and is presently proceeding with the requested study. We envision that some traffic volume counts will be necessary at various locations within the CBD to supplement the accident data. It is estimated that the full investigat-~:)n and preparation of a report will take at least three months, Si ncerely, Dennis L. Hansen, P.E. County Traffic Engineer DLH:pj cc: Herb Klossner Brad Larson HENNEPIN COUNTY an equal opportunity employer 2-6-79 CITY OF MOUND Mound, Minnesota January 26, 1979 INFORMATION MEMORANDUM NO. 79-16 SUBJECT: Building Permit Refund The owner of 2066 Commerce Boulevard has requested a refund of a Building Permit taken out for a garage that couldn't be built due to the cement shortage. The cost of Inspector's time spent on this application is $8.75. If the Council has no objections, a refund of the balance of $25.40 will be listed on the bills. cc: M. Marske 3o7 ~S' L L-Z;Lt~ :~NOFtcI ' BUILDING PERMIT APPLICATIO~ - CITY OF MOUND 5341 Maywood Rd., Mound, Minnesota DATE TELEPHONE NO ~4 7 .') qO .~, 7 BLDR.-CONT. TELEPHONE NO. LOCATION OF PROPOSED IMPROVEMENT COMPLET[ON'DAT~ 2 APPLICATION REqUIREmENTS . Survey .. ~Energy Comp Plat Plan . ~levalion~ S~c[ural Plan ~ Wamrsh~ .... ESTIMATED VALUE__'_!_~, ' I ~ rj [] Heating Layout F1 Sewer-Water Location PARC]gl[,. [] County Driveway Permit, TYPES OF CONSTRUCTION NEW CONSTRUCTION UI Single Family Sq. Ft,, O Multi-Family Sq. Ft, [] Commercial Sq. Ft. [] Industrial - " Sq. Ft.. '~'" ir ~' Ft [~ Garage-Size<~ ~ - , ..Sq. [] Deck -Size ,. _Sq. Ft, D Patio - Size Sq. Ft_ [] Fence - Size Ln. F. REMODELING ~' Addition Sq. Ft, ~ Interior -Sq F* [] Sub Level [] [] Siding -Sq. F~ []. Utility Bldg. WI Council Resolution No_, - Sq. Ft - Sq. Ft - Size__~ _ Sq. Ft ..... PERMIT FEE $. . ...... ... y~ ~. 6 a PERMIT APPROVAL , ~', DATE FINAL INSPECTION OCCUPANCY CERTIFICATE DATE DATE. PLUMBING PERMIT NEEDED:, ~-"~ In case permit is g4ranted, I hereby agree to do the proposed work in accordance with description above set for[h and according to the provisions of all Ordinances of the City orMound and or all statutes &the State of Minnesota in such cases made and provided. .~ . -'-'"7 i: ~. I.", DATE__z-' : '~ ' '~''''' r. '_.- ; ' ~' "' APPLICANT , ', ..... ~', ';'"& ......... : -x 1/22/79 olrs: Please f refumd my permit fees that build due to t~e cement shortage. You'll find attached two supporting I paid for a garage. documents. was unable to Please excuse my first q':' CommerCe Blvd Mound Mn. 55364 experience with a electric typewritter. -- '1)? oZ l13 . ~__eo Hz~c z/9~ Con.t. inental Telephone of Minnesota, Inc. P, O, Box 175 2365 Commerce Boulevorc~ Mound, Minnesota 55364 [612) 472-BB00 Billing J6~2) 472-B811 New Service January 19, 1979 Mr. Leonard. L. Kopp City Manager, Mound, Minnesota 5341 Maywood Rd. i~ound, Mn. 55364 Dear Leonard: The telephone line connected to the warning siren in Mound was throughly checked January 12, 1979. We could not find any trouble with the line or the associated central, office connection. On January 16, 1979 we changed the existing line to a new line which you asked to be done. If the city has any further problem with the siren, please have someone report it to our repair department at 472-8877. It is our understanding that the City of Mound is working with Lehn Electric, Anoka, Minnesota to install a special "selective controller" for the siren. We would like to meet with a rep- resen:tative from the City of Mound and Lehn Electric as soon as possible to discuss the operation of your "selective controller" for the siren. Sincerely, ~ . . Arthur H. Bird Commercial Manager Continental Telephone Co. of Minn. AHB/ll blind carbon copy: C. Ferreli 3 o 5