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79-08-07 CITY.OF MOUND Mound, Minnesota CM 79-277 CM 79-282 CM 79-278 CM 79-268 CM 79-281 CM 79-272 CM 79-275 CM 79-273 CM 79-270 CM 79-283 CM 79-279 CM 79-269 CM 79-274 CM 79-276 IM 79-280 Mound City Council August 7, 2979 City Hall 7:30 P.M. ~.~' Bass Fishing Contest Mortgage Revenue Bonds Pg. 2191-2197 Levy Limits Pgo 2189-2190 vl. Minutes Pg. 2221-2224 ~. Public Hearing - Delinquent Utility Bills Pg. 2219-2220 3. Street Construction ~-A. Grove Lane Retaining Wall Pg. 2218 VB. Bedford Road Easement Pg. 2216-2217 ~C. Preliminary Report - Cumberland Road Pg.~ 2215 v~. Change Order No. 1 - 1979 Streets Pg. 2212-2214 ~. Assessment Policy Pg. 2209-2211 ~F~. Surplus Dirt pg. 2206-2208 · Other . ' Continental Telephone Pg. 2205 Comments and Suggestions by Citizens Present (2 Minute Limit) ~. Ordinances .Commercial Dock Pg. 2203-2204 · No Parking Ordinance Pg. 2200-2202 Pg. 2198-2199 13. 14. Agreements A. Planning Grant Agreement Pg. 2182-2188 B. Joint Agreement with County on Urban County HUD Funds Transfer of Funds Payment of Bills - ~g/~07.&b Information Memorandums/Misc. Pg. 2113-2171 Committee Reports Pg. 2172-2181 Page 2225 CITY OF MOUND Mound, Minnesota SPECIAL MEETING A Special Meeting will be held at 8:00 P.M. on Monday, August 13, 1979, in the City Manager's Office to discuss Staff and Council Recommendations on Implementation of the Police Study Report, Police Goals and Objectives. JAM£5 D. LAPSON LAW OFFICES LE:FEVERF_, LEFLER, PF,ARSON, O'BRIEN IlO0 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 6, 197 Mr. Leonard L. Kopp City Manager City of Mound · 5341 Maywood Road Mound, Minnesota 55364 Re: Continental Teleph, Dear Len: I am enclosing herewith a communicati, hearing examiner today setting forth will be held. Please note that they Mound on November 20 at 2:00 P.M. and Maple Plain. & DRAWZ ne Company )n received from the chere the public hearings Jill be hearing at the same evening at Ver~/ t r u ly~y~_o~.ur~, ~ts A. Pearson CAP: ms Enclosure ON L,A~CE: MINN~-TONt~A 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 August 7, 197~c INDIAN BURIAL MOUNDB TELE~PHONE (612) 472-1155 To All Cities Interested in the Continental Telephone Case Subject: Meeting Cancellation The last letter discussed a meeting in Mound or Saturday, August llth, due to several cities being unable to attend,the meet"ng~has been 'CANCELLED. Also, there is not much that can be added in r ard to the hearings that was not covered in the previous letter. We are attaching copies of material received t that may be of interest to you. We will keep in touch and if necessary, call a~other meeting at a later date. · ~ , - .... ~ · <._../>~-~ .~ - -- Tim Lovaason Mayor TL/dd enc: 3 STATE OF MINN iOTA · OFFICE OF HEAPJNG NEFIS ST. PAUL, ~41N,~ESOTA (612) Augu~b 3, 1979 %0 A~]. PAF~I~:OF P~CO~RD: In the I~t'ter of the Pe[ition by Conti Minnesota, Inc.; St. Paul, Minnesota, Schedule of Telephone Rates for customer Minnesota. ~IE Eocket ~o. PSC-79-146-GD A~ency File No. P 407/GRi79-500 The dates and times of the tk~blic terw~re inadvertently cmitted from Appendix Due to-the, fact that Hearing Examiner office for t%,~ weeks, I am therefore enclos[] which should be attached to and included ~j ~earin~ BS/eag AN EQUAL OPi:OF{TUNITY ~a! T~.!ephone Cc~-~pa.ny of Authority.to Caange its within the State of :s in the above-entitled mat- A" of the Preheating Order. orge Deretich is out'of the g an ~mended Appendix "A" ~t of the Preheating Order. truly,~~ .~aminer MPLOYER COt,"i'.[N~,q'AL TEt'.SiPH(>NE COi.!?Ai~'Y OF I~!C. - IOV['g (Y~SE, 1979 2- 3. 4. 5. 6. 7. 8. 10. 11- 12. 13. Case filed Pr'ehea ring Confe. fence Deadlin-~ for Intervention Cross-examination of C~npany Filing of Lntervenor TestL~.ony Cross-examination of Intervenors Filing of Company Rebuttal Cross-examination of tlebuttal Testimony Initial Brief Reply brief .. }{earing Examiner's Report Exceptions and Reply to Report Final C(anmission Order All evidentiary hearings will be held lic Service Ccxmnission, 7th Floor, American long Boulevard, St. Pau!~ Thek~ will be general public hearings h October 8, 1979 at 2:00 p.m. October 8, 1979 at 7:00 p.m. October 9, 1979 at 2:00 p.m. October 9, 1979 at 7:00 p.m. May 11, 1979 'June 18, 19 79 August 24, 1979 September 24-28, 1979. Octoker 19, 1979 November 13-16, 19, 1979 Novemb~. r 21, 1979 December 10-14, 1979 · January 18, 1980 janua, ry 29, 1980 February 29, 1980 ~,~rch 28, 1980 May 16, 1980 Buildin9, 160 E. Kel- · Milaca ' Village Hall McGregor McGregor High School Aurora First Flc~r, City Hall 16 W. 2nd Avenue t~rth Internat i~nal Falls Library and Cc~nunity Buildia~3 3rd Street and 8th Avenue October 10, 1979 at 7:00 p.m. Ibvember 20, 1979 at 2:00 p.m. ~vember 2c., 1979 at 7:00 p.m. November ~6~ 1979 at 2:00 ~k)vember 27, 1979 at 2:00 p.m. November 27, 1979 at 7:00 p.m. November 28, 1979 at 2:00p.m. At0vember 28, 1979 at 7:00 p.m. November 29, 1979 at 2:00 p.m. Warren Old Court ~o<~a ~,k~rshall County Courthouse ~-~bund Council Ch~obers city }mil 5341 Malg~cod Poad Maple Plain Maple Plain Elementary School Auditorium Lindstrom C_~r~_._ty Center 13330 Sylvan Avenue Blooming Prairie community Building Auditorium 3rd Avenue S. E. Mountain Lake Assembly Room Senior Citizens Building ~yler Kronberg Inn 101 Highway No. 14 Hector Om~aunity Center I-lain Street Elbow Lake Cc~munity Center CITY '\ 5341 MAY~,":G(.:D ROAD MOUSED, MH'LNE~O-FA 55364 (612) 472-1155 August 6, 1979 TO: FROM: SUBJECT: Leonard Kopp Public Works Director .Surplus Dirt This letter is to give the Council a better of how this is being handled. As stated in the resoulution we will sell sur s dirt to residents of Mound. The dirt coming off of the projects is handled n the following order when possible. 1. City for parks, etc. 2. backfilling on project 3. agreed to on an easement with the Engin ers residents who have requested dirt from Works. The contractor receives a list from Public Work and amount of fill requested. We leave it up filled. giving him names and addresses him in what order they are Mr. A1Gerold on County Road 110 has been all of the concrete and a large amount of blacktop from the project, is requesting that after we get all of this material dumped at his property that he be allowed to have some cleaner fill to cover it. I would recommend we do this as it would cost at least $20.00 a load to haul this type of 1 to a landfill. Also this would cost us extra in accordance with our act. Respectfully, Robert Shanley Public Works Director CITY Of k!iOUND 5341 MAY'WOOD MOUND, Mh",INESOTA 55364 (612) 472-1'155 August 6, 1979 TO: FROM: SUBJECT: Leonard Kopp Public Works Director Information Memos Island Park Playground Widmer Bros. were in last week and graded off week we are going to complete raising the catc contacts for black dirt and seeding at this ti~ piles in the park. This basins. Chris is making Three Points Park Thomas & Sons are rough grading it at the pres,:nt time. We will then check and see if it needs anymore fill before final grade. We are installing signs in the parks now that say "Under Construction.' Street Lights Northern States Power has reinstalled the four heads that were burnt out and they are all workin9 now. Re~s~ectfully, --. Robert Shanley ~ ' Public Works Director RS/ich PARK 1. Avalon Park 2. Avon Park Belmont Tot I,ot 4, Bluffs Tot Lab Bro0kton Park 6. Canary Beach 7. Carlson Park 8. Cemetery 9. Centerview Beach t0. Chester Park 11. City Office . Crescent Park' 13. Doone Park Ih. Ed§ewater Tot LOt Highland Park' PARK DEPARTMENT ~'b\~,ITEN~ICF. RECORD NOND RY TUESDAY TtRIP3OAY FRIDAy WEDNESDAY 16. Highlands Park 17. Island Park 18. Island Park Hall 19. Langdon Heights 20. Round Bay Pa'rk 21. Penbrook Park 22. P~o House ~1 23. Ridgewood Access 24. Seton Park 25. 3 Access Rds. on 3 Pbs. 26. Three Points Park 27. Twin Park 128. Tyrone Park 29. Waterbury Access ~0o Wyahwood Baach cac\\ .,_ I r~h~ ~,IT EN~XlCE REOORD PB~K NO~AY { TU~D~Y WED~DAY T}P~D:~Y FR~AY 1. ~vs Ion 2. Avon Park 3. Be!monh Toh Lot h. Bluffs Tot Lot 7. C~rlson P~rk 8. Cemebery ~ ~O~ 10. Chester Park 12. Crescent Park !31 Doone Park 16. Highlsnds Psrk 17. Island Park 20. Nound Bay Park O ~O~ 23. Ridgewood Access 21~. Se/on Park 26. Three Points P, rk 27. T,fin P~rk 2% W,Serbury ~ccess VILLAGE OF ,%,':INNETONKA BEACH MINNETONKA BEACH, MINNESOTA 55361 DATE: August 2, 1979 TO: Minnetonka Beach City Council Members Mayors, Council Members and City Managers of Orono, Spring Park and Mound FROM: Lois C. Johnson, Mayor SUBJECT: 1) 2) 1980 closing and repair of the Arcola Bridge. Exploration of alternatives to the closing of the Arcola Bridge during repair project. Minnetonka Beach City Hall Commissioner Bud Robb and representatives from the Hennepin County Highway Department will meet with the City Council of Minnetonka Beach at the August 13th Council Meeting at 8:30 p.m. REGULAR MEETI F~G OF THE CITY COUNCI L July 24, 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 July 24, 1979 at 7:30 p.m. Those present were: Acting Mayor Benjamin Withhart, Councilmembers Robert Polston, Gordon Swenson and Donald Ulrick. Absent and excused was Mayor Tim Lovaasen. Also present were City Manager Leonard L. K°pp, City Attorney Curtis A. Pearson, City Engineer William McCombs and Acting City Clerk Marjorie Stutsman. MINUTES The minutes of the meetings of July lO, 1979, July 17, 1979 and July 18, 1979 were presented for consideration. Corrections: In the minutes of July lOth, the legal in Resolut'ion 79-277 should read "Lots 14 through 17, Block 12, Avalon" and in the minutes of July.18th, Resolution 79-297 should be changed to read "RESOLUTION ORDERING IMPROVEMENT OF INVERNESS LANE AND DIRECTING ENGINEER TO PREPARE PLANS AND SPECIFICATIONS" Swenson moved and Polston seconded a motion to approve the minutes of July 10, 1979 as corrected, the minutes of July 17, 1979 and the minutes of July 18, 1979 as corrected. The vote was unanimously in favor'. PUBLIC HEARINGS Liquor Licenses - Donnie's On The Lake, Inc. The Acting city'Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said issuance of Liquor Licenses. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Acting Mayor then opened the public hearing for imput on said licenses and persons present to do so were afforded the opportunity to express their views thereon. The following persons spoke: Jack Seel,.representing Valek and Shaughnessy Phillip A; Cole, representing Donnie's On The Lake, Inc. Herbert C. Davis, representing Briarwood and Mr. LeSage Roger Shaughnessy, 4407 Wilshire Boulevard, Mound Mary Forcler, Watertown The Acting Mayor then closed the public hearing. Swenson moved and Ulrick seconded a motion RESOLUTION 79-300 RESOLUTION ~PPROVING THE LIQUOR LICENSES (CLASS A & B) FOR DONNIE'S ON THE LAKE, INC. The Council asked that the following question and its answer be a part of the minutes: "Who has ar:y interest in the new operation of this restaurant? Does Briarwood?" Answer: Only Mr. Hoffman and Mr. Shipman have interest. The vote on the motion was unanimously in favor. July 2~t, 1979 Po lston moved and sWens~n seconded a motion RESOLUTION 79-301 RESOLUTION GRANTING RESTAURANT, CIGARETTE AND ENTER- TAINMENT LICENSES TO DONNIE'S ON THE LAKE, INC. The vote was unanimously in favor. Delinquent Utilit~ Bills - C.M. 79-267 The Acting Mayor opened the public hearing for i~put on said delinquent utility bills and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Acting Mayor then closed the public hearing. Swenson moved and Polston seconded a motion · RESOLUTION 79-302 RESOLUTION AUTHORIZING THE STAFF'TO DISCONTINUE WATER SERVICE ON SAID DELINQUENT UTILITY ACCOUNTS The vote was unanimously in favor. PARKING VARIANCE - LOTS 3- THROUGH 10, BLOCK 2, SHIRLEY HILLS UNIT F pOlston moved.and Swenson seconded a moti'on RESOLUTION 7'9-303· RESOLUTION· DIRECTING ATTORNEY TO PREPARE. RESOLUTION GRANTING CONTRACT PARKING - PEAN C - AS RECOMMENDED BY THE PLANNING COMMISSION The vote was'unahimously in favor. : STREET CONSTRUCTION Bike Hike Paths - Wilshire'and Bartlett Boulevards The Council took no action and determined to bring this back at a later date. Retaining Walls - 1978 Proi~ct Polston moved and SwensGn seconded a motion RESOLUTION 79-304 RESOLUTION AUTHORIZING A RETAINING WALL BE CONSTRUCTED AT 4775 KILDARE AS RECOMMENDED BY THE CITY ENGINEER The vote was unanimously in favor. Ulrick moved and Swenson seconded a motion RESOLUTION 79-305 RESOLUTION CONCURRING WITH THE CITY ENGINEER'S'RECOM- MENDATIONS THAT NO RETAINING WALLS BE CONSTRUCTED AT 4601 AND 4701 WILSHIRE BOULEVARD The vote was unanimously in favor. Ulrick moved and Swenson seconded a motion RESOLUTION 79-306 RESOLUTION AUTHORIZING PORTION OF RETAINING ~,tALL BE CONSTRUCTED AS RECOMMENDED BY THE CITY ENGINEER AT 2710 AND 2740 GARDEN LANE The vote was unanimously in favor. July 24, 1979 Ulrick moved and seconded a motion RESOLUTION 79-307 RESOLUTION CONCURRING WITH THE CITY EI,IGINEER THAT NO RETAINING ~VALI_ BE CONSTRUCTED AT 1551 BLUEBIRD LANE The vote was unanimously in'favor. Chestnut Road The Council requested the Engineer to determine where the water is on Lots 27 and 28 and what is buildable. ': · Drury and Tuxedo Guard Posts Request Polston moved and Swenson seconded a motion RESOLUTION 79~308 RESOLUTION AUTHORIZING THE INSTALLATION OF GUARD POSTS ON CORNER OF DRURY AND TUXEDO AS RECOMMENDED BY THE CITY MANAGER The vote was unanimously in favor. Bedford Road Discussed easement requirement. TOWING SERVICE Ulrick moved and Swenson seconded a motion RESOLUTION DIRECTING ADMINISTRATION TO DIRECT POLICE DEPARTMENT TO INSTITUTE THE POLICY THAT AUTOMOBILES BE TOWED BY VENDOR NEAREST OWNER'S HOME AND TOWING BE KEPT WITHIN POLICE SERVICE AREA WHENEVER POSSIBLE Roll call vote: Ulrick and Swenson-Aye; Polston and Withhart-Nay; motion fails. Reasons: Withhart-doesn't feel need for policy--leave to officer's discretion. Polston-not against proposal; but in favor of legal contract. Lifeguards Discussed; it was determined no action required on this. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT M. L. "Bud" Sko§lund asked what were duties of lifeguards regarding cleaning area. Also asked what can be done about noise control both from boats on lake and cars and motorcycles on road. George Gerberding, 1551 Bluebird, asked if there was any recourse if sod doesn't last and will there be restoration of shrubbery if it needs replacing after work? Valerie Torgerson Cornelius, 5764 Bartlett, asked what is being done about noise, harassment of citizens by groups in Mound Bay Park parking lot. Stated she ~eet~ parking lot not safe~ may be illegal activities taking place day and night. NO PARKING ORDINANCE - C.M. 79-260 City Manager recommended Item 15 be changed to include no parking on either side of Centerview beach access road.~ July 24, 1979 Swenson moved and Ulri seconded a motion RESOLUTION 79-309 RESOLUTION DIRECTING CITY ATTORNEY TO PREPARE 0RDIflANCE PROHIBITING PARKING ON BORT.I.ONS~OF'CERTAIN STREETS The vote was unanimously in favor. SHADE TREE BUDGET Polston moved and Swenson seconded a motion RESOLUTION 79-310 RESOLUTION APPROVING THE BUDGET AS SHOWN ON THE 1979 SHADE TREE PROGRAM APPLICATION The vote was unanimously in favor. 'PAYMENT OF BILLS Polston moved and Withhart seconded a motion to ~pprove payment of the bills as presented on the prelist in the amount qf $86,006.40 where funds are available. Roll call vote was unanimously in favor. HAZARDOUS PROPERTY Swenson moved and Polston seconded a motion RESOLUi'[ON 79-311 RESOLUTION RELATING TO CERTAIN HAZARDOUS PROPERTY WITHIN THE CITY LOCATED AT 4432 LAMBERTON ROAD The vote was unanimously in favor. WASTE DISPOSAL ADVISORY COMMITTEE Swenson moved and Withhart seconded a motion RESOLUTION 79-312 RESOLUTION APPOINTING COUNCI[MEMBER ROBERT POLSTON · AND CITY MANAGER LEONARD KOPP AS REPRESENTATIVES TO HENNE'PIN COUNTY'S WASTE DISPOSAL ADVISORY COMMITTEE The vote was unanimously in favor. Other Matters Discussed Telephone Case and date of proposed meeting was Set August 11, 1979, a Saturday, at 1:30 p.m. at Mound City Hall. City Hall roof. Swenson moved and Ulrick seconded a motion to adjourn to the next regular meeting on August 7, 1979 at 7:30 p.m. The vote'was unanimously in favor, so adjourned. Attest: Marjorie Stutsman, Acting CiLy Clerk Leonard L. Kopp, City Manager Six 2bn tbs) Account No. 232 - 2t80 235- 2209 238 - ~57 ~ ~c~r~ ~9 =¢ 77 6 31o - 2625 310 - 3160 3h3 - 2h2o - - N ~rtle Kevin Williams Maril)~ Pm ther Geo Ba~ker Jerry Crone Sue Lind~ren Joan Shields N, ~'~' " Sr. ~n El~ngson Tom k~ar ty To tal 8,7-79 CITY OF MOUND Mound, Minnesota August 3, 1979 COUNCIL MEMORANDUM NO. 79-282 SUBJECT: Grove Lane Retaining Wall M. Gilmore, 2740 Garden Lane, would like to discuss his retaining wall on Grove Lane with the Council. Mr. Gilmore's wall was discussed at the last Council meeting.. The Council directed 40 feet of wall be built. Mr. Gilmore feels that verbal commitments were given him for about a 70 to 75 foot wall at the time he signed the easement. This will be on the August 7th agenda. 8-7-79 CITY OF MOUND Mound, Minnesota August 2, 1979 COUNCIL MEMORANDUM NO. 79-278 SUBJECT: Bedford Road Easement The construction of Bedford Road - Cambridge to Brighton has been discussed at two or three Council meetings. Attached is a copy of a letter from the Engineer advising that ease- ment can be received for $960.00, the cost of planting four new trees. This will be listed on the August 7th agenda. --L~o.~ard L. Kopp ' % d/ cc: McCombs Knutson Garden Center & Floral Shop 15802 Wayzata Boulevard Wayzata, MN 55391 OTTEN BROS. Nursery and Landscaping Inc. 473-5425 26 Years of Quality Service PRO~i)SAL SUBMI~I-ED TO PHONE CITY, ST'ATE AND ZIP CODE Tom 3]5 S- E. 5th street l'[inneapolis, Minn ARCHITECT ] DATE OF PLANS I We hereby submit specifications and ,estimates for: JOB NAME JOB LOCATION Page No. of Nursery & Landscape Construction 520 Tamarack Ave. Long Lake, MN 55356 ROBERTA FLATTEN P ....... ..TY IJOB PHO~'tE Pages 1 Hackberry !{- - 2, 1 Greenspire Linden 5 - 1 Green Ash 2 - 2½,, 1 Em. Queen Maple ~ - Tax 1DDTr,~ $ 98.50 225.00 lO5.OO 220.00 25.94 ~, ~n PRICE 2.38.50 506.00 159.00 3Ol.OO 25.9g $ YOTE: 2. 1 sugar Maple 22. Di~m. $2,280.00 The standing value estimates are in accordance with the International shade Tree Cor. ference guidelines. 3~p ~rll~tlBg hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: dollars ($ ). Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a we nanli e manner according to standard practices. Any alteration or deviation from above specifica- tions i~volving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents ~, ._zr workers are fully covered~ by~ · Work men's Compensation Insurance. ~epmn~e >n, pO m--The above prices, specifications and conditions are 5absfactcry and are hereby accepted. You are authorized JJ to do the work as specihed, Payment will be made as outlined above. Date of Acceptance: - Authorized Signature ~' ~ "--L...,-' '../ '-... Note: This prcposal may be withdrawn by us if not accepted within , ___ days, Signature Signature COMBS-KNUTSON ASSOCIATES, INC. k COr'ISULTING ENGINEERS ,U LAND SURVEYORS ~.i. SITE PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 July 31, 1979 ~. LeOnard Kopp City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound 1979 Street Improvements Roberta Flatten Easement Dear Mr. Kopp: I have talked with Roberta Flatten's attorney, :Tom Casey, regarding the'easement across her property on the corner of Bedford and Cambridge Roads. I had suggested to Mr. Casey that perhaps the City could plant two small Maple trees on her property to replace the Maple that straddles the right-of-way line. Mr. Casey said he has talked to his client and she cannot accept this. He says he has checked with The National Shade Tree Association and found that the tree in question is worth $2,200.00 and it is his opinion that if any part of the tree is on private property, his client is entitled to 1/2 of its total value as her compensation for removing the tree. Mrs. Flatten would grant the easement required for the street construction for $960.00 which is based on the cost of planting four new trees on her property. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyl'e Swanson, P.E. LS:sj cc: Curt Pearson #4536 Minneapolis - Hutchinson - Alexandria - Granite Falls 8-7-79 CITY OF MOUND Mound, Minnesota July 18, 1979 COUNCIL MEMORANDUM NO. 79- 268 SUBJECT: Preliminary Report - Cumberland Road The City Council considered the Cumberland Road report on July 17th and requested it be brought back for consideration'on August 7th. See Council Memorandum No. 79-258 (Page 2032 + Report). -79 CITY OF MOUND Mound, Minnesota August 3, 1979 COUNCIL MEMORANDUM NO. 79-281 SUBJECT: Change Order No. 1 - 1979 Streets At the meeting of July 18th, the Council directed that a change order be made to construct Stratford Lane north of Dorchester. In order to do this, the Council is requested to authorize the Mayor and Manager to sign the attached change order. ~--Leonard L. Kopp ~' CHANGE ORDER NO. 1 City of Mound 1979 Street Improvements Stratford Lane extension north of Dorchester Road ADD: Concrete Curb & Gutter MHD 2331 Base MHD 2341 Wear Driveway - Class 2 Turf Establishment (Black dirt & sod) Guard Posts Common Excavation Clear & Grub Trees 170 L.F. @ $ 5.67/LF = 50 TONS @ $ 18.85/TN = 20 TONS @ $ 17.10/TN = 10 S.Y. @ $ 4.35/SY = 60 S.Y. @ $ 1.50/SY = 3 EACH @ $ 96.80/EA = 80 C.Y. @ $ 3.80/CY = 2 EACH @ $ 97.85/EA = $ 963.90 $ 942.50 $ 342.00 $ 43.50 $ 90.00 $ 290.40 $ 304.00 $ 195.70 ORIGINAL CONTRACT AMOUNT TOTAL ADDS REVISED CONTRACT AMOUNT APPROVED: $2,236,517.65 3,172.00 $2,239,689.65 RECOMMENDED: McCO~:S'KNU~SON ASSOC., DATE: ~,/ CITY OF MOUND Mayor City Manager DATE: INC. Z rp 8-7-79 CITY OF MOUND Mound, Minnesota July 25, 1979 COUNCIL MEMORANDUM NO. 79-272 SUBJECT: Assessment Policy On July 18th, the Council studied various problems that had arisen in making the street assessments and suggested changes. A list of the proposed changes is attached. If these meet with the Council's approval, they can be adopted. cc: Engineer 3e Se e 10. ADDENDUM TO ASSESSMENT POLICIES · Area ~ r private ownership to be assessed as part of the private property. Large parcels (a number of combined lots) to be assessed 1 unit, plus area and footage. Two seperate parcels under the same ownership will be assessed 2 units, plus area and footage if they both have enough area to qualify as buildable sites under the present zoning. Single lots under seperate ownership from adjacent property that do not meet the area requirements for a buildable site will be assessed only area and footage. Properties abutting alleys that are bituminous surface only, with no curb and gutter, to be assessed the same as any other property except the front footage will be reduced by 50% with a minimum of 40 lin. feet. Properties which have the garage located across the street from the house will be assessed on the same basis as other lots except the parcel in which the garage is located will not receive a unit charge. Lots that front on a street to be improved and which have previously been assessed for another street improvement project will be assessed for the footage only with no minimum. arce~s w~c~ d~t a~a~a ~et ~/ove~ ~~.~ i~/not ~e as~sed ~pr~~ ...... ~~~.~ L~h~e ~d~~ ~~bit~inous street installed for city purposes which front on another street in the project will not be assessed for the frontage on the side street· Triangular lots that are combined with a rectangular lot are to be assessed for footage on the long side of the triangular lot plus the footage of the remaining lot or lots. Duplexes are to be assessed on the basis of 2 units plus area and footage, with a minimum on the footage of 80 feet. 11 Storm Sewer assessments. Since the City has changed their policy on storm sewer assessment when installed with a street improvement, some adjustments~need to be made on previous and future assessments~.The properties in the Highlands area that are on the 1979~Street Improvement which were assessed in the storm sewer drainage area when Ridgewood was improved should be given a credit in the amount of that storm sewer assessment. ~.The storm sewer drainage area for the Tuxedo project has not been assessed as of this date. This area also extends beyond Tuxedo into the 1979 street project. A few different alternates were discussed on how to handle this. We would recommend that only the properties assessed for the street improvement on Tuxedo be assessed in the drainage area. By doing this approximately $27,000 of the $36,000 which would have been picked up on the Tuxedo storm sewer assessment must be obtained from another source such as adding it to the 1979 street assessments, adding it to the Tuxedo Road street assessment or picking it up from MSA funds for this project which come from the Tuxedo Road street assessments. We recommend the last alternative in that it would be the most consistent with the new street assessment policy. 8-7-79 CITY OF MOUND Mound, Minnesota July 31~ 1979 COUNCIL MEMORANDUM NO~ 79-275 SUBJECT: Surplus Dirt A Councilman has requested that a discussion on surplus dirt from street construction be held at the August 7th meeting~ The present policy of selling it for 50¢ per yard was directed by the Council. Copy of Resolution 78-315 and Public Works Director's letter are attached. Councilmember ~w~ion moved the following resol June 20, 1978 RESOLUTION 78-315 RESOLUTIOFI AUTHORIZING THE SALE OF EXCESS DIRT AS PRESCRIBED IN THE LETTER FROM THE PUBLIC ~'IORKS DIRECTOR DATED JUHE 15, 1978 ~qHE[~EAS, occasionally, the City has requests from residents for fill needed in construction or building, and WHEREAS, during street construction the City may have excess road material'that the City cannot use in the filling of parks or other designated projects, and WHEREAS, if and when excess fill is available, the Public Works Director has suggested that interested parties follow this procedure to obtain same: 1) Send engineer letter requesting amount they will need a. Cost established at 50¢ per cubic yard .' 2) Money to be paid to City of Mound 3) Parties interested in obtaining fill will have to deal directly with contractor, if hauling distance must be charged for. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby authorize the sale of any excess dirt and directs that such sale be as prescribed in the letter from the Public Works Director' dated 6-15-78. Said letter on file in City Clerk's office. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Fenstad, and upon vote being taken thereon, the follow- ing voted in favor thereof: Lovaasen, Fenstad and Swenson; the follow- · lng voted against the same: none, with Polston and Withhart being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364. . .~, , . INDIAISi BURIAL, MOUNDS TELE. PHONE {612) ~72-1155 Jrtn~ 15~ 1978 TO: I.~. Kopp FR(>)~: Public Works Director SUBJF~T: Excavated Road Material Disposal ~,fe have received several requests for the excess road roarer'iai from our road projects. It is su§§ested that these people send our en§ineers a letter re~{uestin9 ghe ~mount they will need and set the cost at .~0~ per yard, this money ~o be paid' to the City of l~ound. This is a very reasonable cost, as ih normatly is hauled and dumped for $2.00 per yard. The City is in need of fill for Parks and other projects so ghis fill will only b~ sold if and %~hen it can be spared by the.Public Works Department. The parties requestin9 fill will have to deal with the contrachor directly ir the hauling distance must be charged for. Respectfully, Public Works Dircchor RBI~/jcn 8-7-79 CITY OF MOUND Mound, Minnesota July 31, 1979 COUNCIL MEMORANDUM NO. 79-273 SUBJECT: Continental Telephone Gary R. Dostal has been appointed Area Commercial Manager of Continen- tal Telephone. Mr. Dostal will be at the August 7th meeting to tell the Council about the new "Phone Fair" Continental has opened in Mound. L. Kopp' cc: G. Dostal .8-7-79 CITY OF MOUND Mound, Minneso July 24, 1979 COUNCIL MEMORANDUM NO. 79-270 SUBJECT: Commercial Dock Ordinance Attached is a proposed Ordinance change regarding Commercial Dock Licenses which establish a deadline for applications and a penalty for late filing. ~onard L. Kopp CC: Dock Inspector Ail Commercial Dock Holders ORDINANCE ,40! AN ORDINANCE ~iENDING SECTION 41.25 OF THE CITY CODE ADDING SUBDIVISIONS 2, 3, 4 and 5 RELATING TO COMMERCIAL DOCK LICENSE APPLICATIONS, DEADLINES AND FEES FOR LATE APPLICATIONS The City of Mound does ordain: Section 41.25 is amended to add Subdivisions 2, 3, 4 and 5 which shall read as follows: Section 41.25. License Fee and License Applications. Subdivision 1. Any license issued by the Council pursuant to this order shall expire on April 1 next following its issuance. License fee shall not be pro-rated. The fee for each license shall be $50.00 as a base fee, plus a fee for each boat accommodation determined as follows: $1.50 for each dock, slip or buoy on water $1.00 for each dock or slip on land Subdivision 2. License.applications for docks. License applications shall be' 6btained at the City offices. S'~ch'apPlications shall state completely the information required by Section 41i05 and~' by the City Manager or the Dock Inspector. Subdivision 3. Application filing. Applications for licenses shall be filed with the Dock Inspector at the City offices and he' shall recommend to the City Council that the license be approved'or denied. No license will be recommended or authorized until the Dock I_nspector determines that the proposed dock complies substantially with the terms of all City ordinances. Subdivision 4. Application deadlines. Applications for dock licenses shall be made between January 1 and the last'day of February,of each year. Subdivision 5. Late. applications. All applications received on or after March 1 shall be subject to a late fee o~ $20.00.. Attest: Mayor City Clerk Adopted by the City Council Published in the Official Newspaper 8-7-79 CITY OF MOUND Mound~ Minnesota August 3~ 1979 COUNCIL.MEMO.RANDUM NO, 79-283 SUBJECT: No Parking Ordinance At the July 24th meeting~' the Council directed the City Attorney to prepare an ordinance prohibiting parking on certain City Streets. Attached is a copy of the ordinance the Attorney drew up. ORDINANCE AN ORDINANCE AMENDING SECTION 46.29(b) OF THE CITY CODE ADDING SECTIONS TO PROHIBITING PARKING ON CERTAIN CITY STREETS The City of Mound does ordain: Section 46.29 (b) is amended to add the following Sections to which shall read as follows: Section streets: No parking on the west side of the following a. Heron Lane from Paradise Lane to Sparrow Road b. Gull Lane from Enchanted Road to Wren Road. c. Finch Lane from Three Points Boulevard to Harrison Bay. d. Bluebird Lane from Harrison Bay to Jennings Bay. e. Avocet Lane from Harrison Bay to Jennings Bay. f. Canary Lane from Harrison Bay to Jennings Bay. g. Dove Lane from Harrison Bay to Jennings Bay. h.' Eagle Lane from Three Points Boulevard to Harrison Bay. i. Langdon Lane from Lynwood Boulevard south to dead end. j. Waterside Lane from Tonkawood Road to Breezy Road. k. Fern Lane from Church Road to Tonkawood Road. 1. Cedar Lane from Church Road to Noble Lane. m. Noble Lane from Tonkawood Road to Lynwood Boulevard. n. Overland Lane from Noble Lane to Harrison Bay. o. Centerview Lane from Lynwood Boulevard. to Waterside Commons. p. Ashland Lane from Lynwood Boulevard to Harrison Bay. q. Cardinal Lane from Lynwood Boulevard to Harrison Bay. r. Villa Lane from Noble Lane to Harrison Bay. s. Wexford Lane from Longford F~oad to Carrick Road. t. Kerry Lane from Carlow Road to Kildare Lane. u. Black Lake Lane from Kildare Lane to Black Lake. v. Shannon Lane from Cavan Road to.Galway Road. w. Clare Lane from Wilshire Boulevard north to dead end. x. Clare Lane from Galway Road to Kildare Lane. y. Tyrone Lane from Wilshire Boulevard to Kildare Lane with the exception of Tyrone Park parking area. z. Cardiff Lane from Wilshire Boulevard to Denbigh Road. aa. Cardigan Lane from Denbiah Road south to dead end. bb. Essex Lane from County Road 125 south to dead end. cc. Rosewood Lane from Evercreen Road to Beachwood Road. dd. Garden Lane from Bartlett Boulevard to Beachwood Road. ee. Grove Lane from Beachwood Road to cul-de-sac. Section "~ following streets: No parking on the north side of the a. Crestview Road from Gull Lane to Three Points Boulevard. b. Jennings Road from Gull Lane to Heron Lane. c. Woodland Road from Bluebird Lane tO Heron Lane. d. Breezy Road from Harrison Lane to Waterside Lane. e. Balsam Road from Comanerce Boulevard to Spruce Road. f. Spruce Road from Tonkawood Road to Waterside Lane. g. Tonkawood Road from ConnT. erce Boulevard to Waterside Lane. h. Church Road from Commerce Boulevard to Lynwood Boulevard. i. Longford Road from Wexford Lane west to dead. end. j. Galway Road from Tyrone Lane to Shannon Lane~ k. Kildare Road from Tyrone Lane east to d_ead end. 1. Carlow Road from Clare Lane east to dead end. m. Carrick Road from Tyrone Lane to Wexford Lane. n. Cavan Road. from Clare Lane east to dead end. o. Bedford Road from Wilshire Boulevard west to dead end. p. Suffolk road from Essex Lane east and west to dead end. q. Evergreen Road from Westedge Boulevard to Garden Lane. r. Beachwood Road from Wested. ge Boulevard east to cul-de-sac. s. Beachwood Road from Bartlett Boulevard west to cul-de-sac. Section No parking on both sides of Denbigh Road fro~ Cardiff Lane west to dead end. Section . No parking on both sides of Centerview Lane from Waterside Commons northeast to Harrison's Beach parking lot. Attest: Mayor City Clerk Adopted by City Council Published in Official Newspaper .79 CITY OF MOUND Mound, Minnesota August 2, 1979 COUNCIL MEMORANDUM NO. 79-279 SUBJECT: Bass Fishing Contest Attached is a copy of a letter from Lucky 7 Bass Club asking for the Council's approval for them to have a fishing tournament on Lake Minne- tonka August 26, 1979 with the weigh-in at Surfside. This will be listed on the August 7th agenda. .... LeOnard L. Kopp ~, ~/v/. 7o~oaalfl ~u~meuano~ aqo~ paeqot~., 'nol ~ueq~ · s~eoq ZI tlalemlxoadde qlla '6161 ~u~meu~no~ aq$ -aplS ~nS ~e ul-q~a uo 3ua~eu~no~ sse~ e p~oq oq uo~ss~maad e~os~uulH 'punoH a~eue~ 6£6I 'I[ KInF 8-7-79 CITY OF MOUND Mound, Minnesota July 24, 1979 COUNCIL MEMORANDUM NO. 79-269 SUBJECT: Mortgage Revenue Bonds We have had a meeting with a representative of Miller and Schroeder regarding Mortgage Revenue Bonds. The following is a brief summary of how things stand: On Wednesday, July 29th, the U. S. House of Representatives' Ways and Means will establish rules for Cities to use this financing. One of the rules supposedly will be that any City which has done one of three things prior to April something will be eligible. In February, Mound had ordered the study so supposed Mound will be eligi- ble~ (This is one of the three things mentioned above.) Under the new rules, $1,000 worth of bonds can be sold for each resident which makes about $9,490,000 in bonds,for Mound. Mr. Rob Hanson of Miller and Schroeder would like to meet with the Council in a work session in order for the Council to make decisions required under the law; such as, income limits, target areas, etc. Attached is a copy of memorandum prepared by Miller and Schroeder on the pro- gram. If the Council wishes to move forward with the program, a workshop meeting could be held on the third Tuesday. The City also will need a Housing Plan which Mr. Hanson will discuss at a meeting. cc: Rob Hanson d L. Kopp / Mil!er & Schroeder ~LEMORANDUM Date: To: July ZO, 1979 City of Mound, Minnesota Policy decisions to consider with respect to the City's single-family home ownership program Set forth below is a list of important points to be considered by the City when promulgating its single-family home ownership program (hereafter referred to as the "Program"). Certain of the points set forth restrictions already prescribed by State law, but additional policy matters of importance to the City may be implemented as part of the City's Program in addition to those prescribed by State law. Such additional policy matters (hereafter referred to as the City's "Guidelines") may be set out as part of the City's housing plan or through a.u Ordinance adopted by the City Council. 1. Target Areas. Up to ZO% of the aggregate amount of all loans comprising the City's Program may be made without regard to income limits to persons living within certain target areas. Such target areas have been used to stimulate new construction and/or rehabilitation or revitalization of certain urban areas in programs completed by other Minnesota cities. The City should determine what, if any, areas of the City constitute areas in which it wishes to encourage new construction or revitalization; Z. Income Limits. State law prescribes the basic income limits applicable to mortgages applying under the City's program; however, the City r_~ay wish, as other Miv_uesota cities have done, to prescribe certain income limits to persons living within the target areas; 3. Set Asides of Funds. In addition to allowing up to Z0% of loans under the City's program to be set aside in target areas, State law prescribes a further set aside of half of the loan proceeds for a 6 month time period to persons earning 90~o of the Program's basic income limit. The City may wish, as has. been done in other Minnesota cities, to set aside additional portions of the mortgage loan proceeds to persons constructing new ho,uses. Such a set aside may further provide that no one developer receive more than a certain number or amount of such loans, or may allow the financing of completed speculative homes, again with limits on amounts or number of loans going to any on developer; 4. Purchase Price and Mortgage Amount Limits. Again, State law sets forth applicable purchase price limits for the City's program. The City may wish to prescribe mortgage loan amount limits in target areas and for the basic program in addition to the house purchase limitations prescribed by State law; 5. Types of Mortgage Loans. The Guidelines of the City should set forth (a) whether FHA, VA and/or conventional loans may be eligible under the Program; (b) the downpayment requirements for loans (ie: if the loan to value ratio on a mortgage loan exceeds 80% on a conventional loan, private mortgage insurance should be required so that the uninsured portion of the loan does not exceed 7Z% of the value of the house; FHA and VA insurance or guarantees should be maintained for the life of the loan); (c) limits on the number of conventional loans which may have loan values of 95°~ of the house value (Standard & Poor's is comfortable with no more than 10% of loans at that level)~ and (d) the fees which an originating lender may charge for making the loan (usually 1% to buyer on conventional loans; 1% to buyer and 1% to Z% to seller on FHA and VA loans); 6. Housing Units. Although State law defines single-family housing, the Guidelines of the City should set forth whether qondominiums, townhouses or moblile homes or trailers shall be eligible under the program and a limitation, if amy, stating a date after which apartment units converted to condominiums would not be eligible under the Program; 7. Originating Lenders~ Servicing of Loans. State law prescribes that all lenders doing business in the City which are approved FHA/VA or FNMA/FHLMC approved lenders shall be eligible if they wish to participate in the Program, but the Program may not be limited to one lender unless other lenders will not participate or there is a valid public purpose for only one lender participating. The Guidelines of the City should, however, set out the method for administering and servicing the mortgage loams under the Program and the method under which the lenders will receive money to originate loans. A preferred method for administering and servicing the mortgage loans, and one with which Standard & Poor's is comfortable, is to have an outside, large~ experienced mortgage banking firm act as a "program administrator" monitorLng the origination of mortgage loans by local lenders and servicing each mortgage loan (bids would be taken from several such parties and selected on a lowest cost basis). Mortgage loans could either be originated on a best efforts, first-come, first-served basis by each of the participating lenders (subject to the set-aside provisions prescribed by the City or under State law) or through_ a process whereby each lender would commit to originate a particular amount of the mortgage loans. Both mechanisms have been successfully used by other Minnesota cities. 8. Construction Lo~s. In order to protect the security interests ,of bondholders purchasing bonds sold to finance the Program, only first mortgages may secure the loans to be made to mortgagors purchasing homes. A provision should, therefore, be set forth in the Guidelines stating that construction loans for houses to be newly constructed shall not be made, although a mortgagor may commit to receive a mortgage loan upon completion of construction of the new housing unit to be financed thereby. Such a provision may include a time period under which such a commitment will be valid; 9. One Time Participation Restriction. The City may wish to include as part of its Guidelines a provision stating that no mortgage loan shall be made to a mortgagor who has an application pe~ng to receive or has received a gage loan from any other originating lender under the Program. The result of such a provision is to prohibit potential homebuyers from "shopping~ the various originating lenders participating in the Program and from participating in the Program more than once. 10. Trustee. In addition to the involvement of a large, experienced mortgage servicer and adminstrator, it is preferable, in order to receive the highest possible rating on the bonds sold to finance the program and, therefore, receive the lowest interest rates on such bonds and the mortgages financed thereby, to use one of the larger experienced trust companies having a large corporate trust protfolio and having active experience in managing industrial boqd issues -particuarly housing revenue bond issues - as trustee for the bond issue. The trustee will also be selected through the submission of bids on a lowest cost basis. NEW AND EXISTING HOMES SOLD (1) MOUND, MINNESOTA NUMBER OF AVERAGE TOTAL YEAR HOME SALES VALUE VALUE 1978 280 (2) $52,900 $14,812,000 1977 260 N/A N/A 1976 170 N/A N/A (1) Information compiled by the City of Mound. (2) Out of the 280 homes that were sold in 1978, 77 represented new construction. ?/ g-7-79 CITY OF MOUND Mound, Minnesota July 31, 1979 COUNCIL MEMORANDUM NO. 79-274 SUBJECT: Levy Limits The new legislature allows an increase in the levy limit base per capita to 85% of the average levy limit base per capita of all Cities in Hennepin County. In 1979, Mound's per capita levy limit base is $78.13 while the 85% County per capita is $84.77; a difference of $6.64 per capita. Mound can take advantage of the $84.77 per capita levy base by just requesting it. It is recommended that the State be requested to increase the levy limit base to $84.77 for Mound. Increasing the levy limit base is one way of getting an increase in funds needed to oveFcome inflation; also, if the base is increased and the Council doesn't need to spend the money, the base won't be lost. This will be listed on the August 7th agenda. '- Le/bnard L. Kopp ~.ed ng :Oth Anoka " ~ i~{ carver '~(~ Dakota '!i~Hennepin ~{Scott ~:~ Washington :'~ CITY I,IAY INCREASE PER CAPITA BA TO 85% ''': 'OF 'COUNTY 'AVERAGE 'PER 'CAPI-TA BASE '' 85% COUNTY PER CAPITA ELIGIBLE CITY' '''1'980.' ''OR 'TOWNSHIP $65.79 75°44 80.28 84.77 · 'P ET' 'C A'P I TA 61 ~87 76.58 72°38 Andover East Bethel Ham Lake Spring Lake Park (part) None Apple Valley Eagan Inver Grove .Heights Lakevi lle Brooklyn Park Champlin Crystal Dayton (part) Mapl.e Grove Mound --~ew Hope Osseo Sro Anthony(Part) . Chanhassen (part) Lauderdale Little Canada Mounds View Spring. Lake Park ' (par~) Vadnais Heights White Bear Lake {part) White Bear Twp. No~e Forest Lake Twp. Hugo Lake Elmo Mahtomedi sro Paul Park 'White Bear Lake {part) $57°73 57 °.73 60~.17 57.60 '78.65 76°30 75oll 80oll 83.23 75oll 75°22 38.46 80~59 _78ol.3, 75~11 75~11 72.'31 81 60.37 55.00 55.37 57.60 55. O0 60°46 35°96 49.94 65°30 66°19 65°30 65.30 60.46 ALLOWABLE PER CAPITA -- IglCREASE 8.06 5.62 8.19 · 1.63 3~98 .5.17 . 1.54 9.66 9'.55 46.31 4.18 9.66 9.66 12.46 2.91 1,50 6.87 6.50 4.27 6.87 1.41 25o91 22.44 7.08 6 o19 7 7 °08 11.92 CITY OF MOUND Mound, Minnesota August 1, 1979 COUNCIL MEMORANDUM NO. 79-276 SUBJECT: Planning Grant Agreement Attached is a copy of Planning Grant Agreement with the State of Minnesota. A resolution authorizing the Mayor and Manager to enter into the agreement is requested. cc: C. Riesenberg SP-44012-01 GRANT A'GREEMENT be tween the Minnesota State Planning Ag~nc~ and : - I. General Provisions .... This Grant Agreement is entered into by and between the State of Minnesota, acting by and through the State Planning Agency, Office of Local and Urban Affairs (OLUA), hereinafter referred to as the "Agency", and the City of Mound hereinafter referred to as the~"Recipient"' WHEREAS, the ReciBient is a unit of local gover~ent au~rized by law to plan and adopt and e~orce land use con~ols, WH~S, the AgencN is ~e State's duly constituted agency responsible for ~e a~nis~ation of Section ·701 of the Housing Act of 1954, as amended, W~AS, the Recipient has .agrpea to provide sufficient mt~ng funds and/or se~ices to sup~rt its s~re of the work peogr~. NOW, TH~EFORE, in ¢onsidezati~of ~utual centenaries'and agreements as herein~ter set fort.h, t.he parties to t~s Grant A~re~ent mtuall~ agree as follows: The work program attached to this agreement (Attachment A, Final Application) is acceptable to the Agency and is hereby rrmde .part of this Grant Agreement. · ~ - "' L- 7, Completed in th* wor ._orogram shall be bg the app!i'~ant' hot'iater'~ than :!:~: k??O./Rfl .. II. The scope of services to be performed under this Grant Agree- ment ~ay be amended by mutual written agreement of the parties. D. AnR contracts for services be~een ~e R~ipient and a t~rd ~rty, ~ co~mlete a ~rtion(s) of the Work progr~, must be E. The Recipient ass~es ail responsibilit~ for mseting applicable Department of Housing & requirements identified in Part III: Urban Development Comprehensive Planning Assistance Rules & Regulations published in the Federal Register on Aug. 22, 1975. Financial Particimation A. l~e Agency shall make available to the Reqipient a sum of $ 5,750..00.. . , to assist in the completion of the work program for appropriations made available for such purposes under Section 701 of the Housing Act of 1954; as amended. / Iii. The Reci shall provide the sum of $ as its matching share for the funds provided by the Agency. Such contribution may be in the form of eligible in-kind. services or local funds. Availability of Funds A. The Agency Shall make-payment of an amount, not to exceed 50~ { $2,875o0~ )' of the total grant upon completion of the following procedures: 1. Submission by the Recipient of an acceptable work program. 2. Signing of this Grant Agreement bg the Recipient. 3. Submission by the Recipient of a R~3~est for Funds, Form SP-44004'0I, requesting ~ayment of such funds. B. The Agency Shall make payment of an amount not to exceed 40% ( $2~300.00'"~ )"of the totalgrant Upon completion of the following procedures: .~..~,. ~.~ -,_ ,~?.~,~:~;~,,..?~,~,..~?.~ ,. 1. Completion bP the Recipient of one-half of the work program : with suitable documentation. '' 2. Submission by the Recipient of a Request for Funds, Form .SP-44004-0!, requesting payment of such funds. C. The Agency shall make a final payment of an amount not to exceed the remaining balance of the total grant upon completion of the following procedures: 1..Completion.by the Recipient of the entire work program with suitable documentation, -]~-~-z?¥~ . '2. Submission bg the Recipient of a Request for Fund~% Form SP-44004~01, requesting payment Of such funds. 3. Completion by the Agenc~ of a satisfactory evaluation. D. The Agency reserves the right to withhold ~t'any tim, payment of an~portion of the grant upon its determination that the Recipient has failed to perform any of its obligations under this Graht Agreement, including failure to provide any or all of its matching share specified in Paragraph II.B herein. Any payment so withheld may subsequently be made upon the Agency's determination that the Recipient's failure to perform has been satisfactorily corrected. Should the failure to perform remmin uncorrected, the Agency may permanently withhold, the payment by deducting it from the total · . amount of the grant pursuant to this Grant Agreement. IV. Records and Documentation '! Records. The Recipient agrees to maintain records which fully disclose the amQunt and disposition of the grant funds. These records shall be accessible to the Ageucg for purposes of examlna tion. HUD 70i -3- B. _Reports. Recipient agrees to provide ~gress reports with each request for funds as provided in "III. Availability of Funds" B-C. The reports must identify progress on work activities and the percentage completed on work activities. Any condition effecting the timely completion, of the work program should be iden tif i ed. The Recipient agrees to provide the Agenc. y with three"co'pies of all publications prepared in conjunction with this Grant V. Grant Agreement Period ' . . ._,~_f.~..~ ~ _.. A. Effective Period. This Grant Agreement shall become effective on the date of execution by the Commissioner of Administration and shall remain in effect until_ 6/30/80 or until all obligations set forth in this Agreement have been .satisfactorily fulfilled, whichever occurs first. B. Termination. The Agency ma~ terminate this Agreement at any time if the Agency finds that the Recipient has not complied with the provisions of this Agreement. In the event of such termination, the Agenc~ reservesl.the 'right to take 'such action as is 'deemed necessary and 'appropriate including refusing to make an~ additional disbursement of funds and requiring the return of all or part of ang funds that have already been disbursed. 'IN WITNESS WHEREOF, the Agency has caused this Grant Agreement to be duly · .xecuted on its behalf and the Recipient has caused the same to.be duly executed in its behalf on the dates written below. ' ........ Co~ss~oner ~ A~inistration RECIPIENT Title As to form and execution this day of ATTORNEY GENERAL Da t e STATE PLANNING AGENCY Ti tle Ti tle Da te HUD 701 Amended Mound 701 Comprehensive Plan Work Program IA Land Use Inventory - A report describing existing land uses including residential, commercial, industrial and recreational. - A final land use map which identifies all land uses within the city. - A map that identifies environmentally sensitive areas including sites that are not suitable for development and on-site sewer systems. - Survey existing housing conditions. - Identify historical sites. - Review Metropolitan Council population, household and employment forecasts. - Utilizing Council forecasts, further compute growth projections for.the city. This information will be useful in determining the city's land use and facilities needs. - Provide analysis of the city's growth potential and housing market conditions. - Identify market rate housing opportunities. - Identify the number of Subsidized and modest cost units in the city. - From exterior appearance, identify the extent of housing rehabilitation efforts needed. IB Land Use Plan - Prepare a final land use report and map that identifies proposed land uses, residential, commercial, industrial and recreation open space. - The plan should contain an environmental protection element that addresses 'soils that are unsuitable for development, wetlands, floedplains, steep slopes, woodlands, natural waterways, ground water recharge areas and critical areas under state .designation. These areas should be included on a final land use map. - The plan should include an historical preservation element. - The plan must contain a housing element that addresses the city's need for low and modest cost housing. lIB1 Transportation Plan IIB3 Parks Plan IIIB3 Mousing Implemen- tation Program - Prepare a report describing e×istinc transportation facilities - Map the city's transportation network by functional classification - The plan should contain a report with policies and design standards for the 1990 transportation system. - The 1990 transportation system should be mapped in relation to the land use plan. - The plan should provide a schedule for street and road improvements and how they relate to metro- politan systems (sewers, transportation, parks and open space.) - The plan should contain a report that establishes policies and design standards for the city's park and open space system. - The plan should contain a map and description of the city's existing and proposed park facilities and their relation to metropolitan recreation and open space facilities. - The plan should contain a schedule for all future park and trail improvements through 1990. - Identify programs for improving housing quality providing low and moderate income housing oppor- tunities. Goals and policies for low and moderate income housing execution and ways of acheiving stated goals.. ol/2'3 C~ C~ (iD 0 0 I~. ~ OD CO CO CO CD ,--I t~O 4-~ 0 121 t'-' "ID {..- {D "ID t"-- C) I~ Lc) kO 0 0 O' CITY OF MOUND Mound, Minnesota August 2, 1979 COUNCIL MEMORANDUM NO. 79-280 SUBJECT: Joint Agreement with County on Urban County HUD Funds Attached is an agreement to enter into with the County to partici- pate in the Urban County HUD Program. This agreement has minor changes from the one currently in effect. The changes were made to satisfy HUD. It is recommended that the Council authorize the Mayor and Manager to enter into the agreement. Also attached is a copy of a letter indicating that if the City does not want to participate in the program, they can declare so at this time. 9.1 I WHEREAS, the City of and the County of Hennepin have a Joint Cooperation Agreement in effect for the use of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development; and WHEREAS, both parties wish to terminate that agreement and replace it with a new Joint Cooperation Agreement, County Contract No. ; BE IT RESOLVED, that the current agreement with the County of Hennepin be terminated effective September 30, 1979, and a new agreement with the County of Hennepin, County Contract No. be implemented effective October 1, 1979; and the Mayor and the be authorized to execute the agreement on behalf of the city. 'Contract No. 90459 JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY", and the CITY OF MOUND , hereinafter referred to as "CITY", said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; W I TNESS ETH: In consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS For purposes of this Agreement, the terms defined in this section have the meanings given them: A. "The Act" 'means the Housing and Community Development Act of 1974, Title ][, of Public Law 93-383, as amended (42 USC 5301 et. seq, ). B~:.~ "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Community" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement. E. "Strategy" means that portion of the Community Development Block Grant Application eni~itled "Comprehensive Strategy" and which is developed by the County in conjunction w~th cooperating communities pursuant to the Regulations. F. "Planning Area" means the various regions of Hennepin County as adopted for purposes of the Act by County Resolution 78-11-1169. The definitions contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a 'part hereof. Page 2 of 7 II. PURPOSE CITY and COUNTY have determined that it is desirable and in the interests of their citizens that COUNTY qualify as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between COUNTY and other cities in Hennepin County which do not qualify as metropolitan cities under the Act in such number as will enable COUNTY to so qualify under the Act. The purpose of this Agreement is to authorize COUNTY to cooperate with CITY in undertaking, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing pursuant to community development block grants as authorized by the Act and the Regulations. III. TERM OF AGREEMENT The term of this Agreement is for a period commencing on the effective date of October l, 1979, and terminating no sooner than the end of the program year covered by the application for the basic grant amount approved subsequent to the effective date. This Agreement is extended automatically for each subsequent program year unless written notice of termination to be effective at the end of such program year is given by CITY to COUNTY following the same schedule as the "opt out" notification requirements as established by HUD. COUNTY shall provide written notifica- tion to CITY of CITY'S right to "opt out" and terminate this Agreement at least thirty (30) days prior to the "opt out" date. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of the program year during which HUD withdraws its designation of Hennepin County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of CITY and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the CITY in the office of the Hennepin County Administrator, and in no event shall the Agreement be filed later' than August 31, 1979. Page 3 of 7 IV. SCOPE OF ACTIVITIES CITY agrees and will undertake and attempt to carry out within the term of this Agreement certain projects involving one or more of the essential activities elig~61e ~or ~und~ng under the Act. ~OUNT¥ agrees and will assist CITY in the undertaking of such essential activities by providing the services specified in this Agreement. A. CITY further specifically agrees as follows: 1. It will prepare a grant application for funds in accordance with the provisions of 24 CFR 570 Subpart D (~570.300 et. seq.) and the Strategy. 2. It will submit its application for funds to COUNTY in such form as is required for timely submission to HUD and appropriate reviewing agencies. 3. It will use all funds received pursuant to this Agreement within ~two program years of the approval by HUD of the basic grant amount, unless approved by the County. Such expenditures shall not be for activities disallowed by either the County or HUD pursuant to this Agreement. 4. It will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban County Housing Assistance Plan. 5. It will ensure that affirmative action is undertaken with regard to fair housing, employment and business opportunities for minorities and women. It will comply with all applicable Federal and Minnesota laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities. B. COUNTY further specifically agrees as follows: 1. It shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the Act. Such application shall, to the maximum extent feasible, consider the actions taken by CITY in support of the community development program and housing assistance goals, together with citizen participation, the Act and any other relevant Minnesota and/or Federal statutes or regulations. In setting such priorities, Page 4 of 7 COUNTY will consider the previous performance of CITY in the expendi- ture of funds received under the Act in order to fulfill COUNTY'S responsibility to HUD for accomplishment of the Con~nunity development program and housing assistance goals. 2. It shall provide, to the maximum extent feasible, technical assistance and coordinating services to CITY in the preparation and submission of the grant applications. 3. It shall provide ongoing technical assistance to CITY to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance goals. The parties mutually agree to cooperate fully in the preparation of the application for a basic grant amount. In such preparation, the parties will follow the provisions of Hennepin County Citizen ParticiPa. tion Plan as stated in County Resolution 78-11-1169 and any subsequent amendments. 4. It shall approve CITY'S request for the use of block grant amounts received pursuant to this Agreement for local needs which are consistent with the Strategy, the Act and Regulations and other relevant Federal and/or Minnesota statutes or regulations. CITY and COUNTY agree that COUNTY shall establish reasonable time schedules for the submission of grant applications by CITY to COUNTY to insure such timely submission and to protect the rights and'interest of CITY and other cooperating communities. COUNTY shall communicate such time schedules to CITY. The parties mutually agree to comply with all applicable require- ments of the Act and the Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY'S responsibility, to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570.300 et~seq. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the Act shall be allocated as follows: A. COUNTY shall retain ten percent (10%) of the total basic grant amount for purposes of defraying its administrative and other costs in performing services for CITY and other cooperating communities Page 5 oF 7 and for the conduct of such eligible community development activities as the COUNTY may be authorized by state law to perform. B The balance of the basic grant amount shall .be allocated. b~ COUNTY to CITY and other cooperating co,unities in accordance with the following formula for' the purpose of allowing the cooperating communities to plan for the application. This amount is only an estimate and is not guaranteed by the COUNTY. The CITY and each cooperating community shall use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between' 1. The population of CITY and the population of all cooperating communities. 2. The extent of Poverty in CITY and the extent of poverty in all cooperating communities. 3. The extent of housing overcrowded by units in CITY and the extent of housing overcrowded by units in all cooperating communities. 4. In determining the average of the above ratios, the ratio involving .the extent of poverty shall be counted twice. It is the intent of this paragraph that said planning allocation utilize the same basic elements for allocation of funds as are set forth in 42 CFR 507.102(b). The COUNTY shall develop these ratios baSed upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data indePendently and assumes no liability for any errors in the data furnished by HUD. In the event that CITY does not apply for or cannot qualify for a community development block grant, or a portion thereof, COUNTY may re-allocate the expected grant amount to all other cooperating communities within the same Planning Area. If the COUNTY is informed in writing by the Department of Housing and Urban Development that the distribution of funds does not comply with Title I of the Housing and Community Development Act of 1974, the COUNTY shall develop and implement a different distribution. No such action shall be taken, however, until and unless the proposed different distribution shall have been presented for review and comment by the cooperating communities. Page 6 of 7 VI. SPECIAL PROVISIONS Nothing in-this ~greement shall be construed to prevent or' otherwise modify or abrogate the right of CITY or COUNTY to submit individual applications for discretionary funds in the event COUNTY does not receive designation as an urban county under the act. CITY and COUNTY mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the regulations. In the event there is a revision of the Act and/or Regulations which would make this Agreement out of compliance with the Act and/or Regulations, both parties will review this Agreement and renegotiate those items necessary to bring the agreement into compliance. Both parties understand and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulations. VII. FINANCIAL MATTERS Reimbursement to the CITY for expenditures from implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form, Hennepin COunty Warrant Request, and supporting documentation. All funds received by the COUNTY under.the Act as reimbursement for payment to the CITY for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. CITY and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the COUNTY to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. CITY and COUNTY agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such ,, Page 7 oF 7 records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last 'receipt of program income resulting from activity implementation. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. All program income from activities funded in total or part from the basic grant amount received by CITY shall be held by COUNTY in a non- interest bearing account designated for CITY. COUNTY will release program income funds to CITY for eligible community development activities pursuant to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement. to be executed by its duly authorized officers and delivered on its behalf, this day of , 1979. Upon proper execution, this agreement will be legally valid and binding. 's i sta nt_~;qunl~y Attorney APPROVED AS TO EXECUTION: COUNTY OF HENNEPIN, STATE OF MINNESOTA By: · Chairman of its County Board And: Deputy County Administrator ATTEST: Deputy County Auditor Assistant County Attorney Da t e: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter CITY OF By: Its And: Its $t 73 OFFICE OF THE ADMINISTRATOR A-2300 Government C nt r Minneapolis, Minnesota 55487 July 31, 1979 Mayor Tim Lovaasen City of Mound 5341Maywood Road Mound, MN 55364 RE: Notification of Right Not to be Included in the Urban Hennepin' County CDBG Program for Year VI (1980)/Execution of New Joint Cooperation Agreement for Continued Participation Dear Mayor Lovaasen: Please be advised of referenced notification to "opt out" of the Urban Hennepin County CDBG Program. This notification is given pursuant to Program rules and regulations. If your community elects to opt out of the urban. Hennepin County Program for Year VI, both Hennepin County and the HUD Area Office must be notified of such actions, in writing, no later than October 1, 1979. A community cannot apply for a discretionary balance Small Cities grant while a participant in an Urban County entitlement grant program. Participation in the Urban Hennepin County CDBG Program for Year VI (1980) and beyond necessitates the execution of a new Joint Cooperation Agreement. If your community intends to continue in the Program, all four copies of the accompanying new Agreement must be executed and returned to Hennepin County no later than August 31, 1979. A resolution negating the old Agree- ment and authorizing the execution of the new Agreement must be passed and also returned. A sample resolution is provided for your convenience. The new Agreement has been developed to satisfy new rules and regulations established by HUD and to update the old Agreement which was first executed early in I975 for Year I of the Program. Iris the product of a Task Force established at a general meeting of Urban County participants March 8, 1979. The purpose of the meeting was to review, and discuss how to satisfy, HUD's demand for a new Agreement. .State law requires that a~l communities organized pursuant to Plan A affix their official seal to the Agreement. To assure continued particpation in the Urban Hennepin County program it is necessary that all agreements be executed and returned no later than the August 31, 1979 deadline. Please return to: Robert Isaacson, Planning Supervisor Office of Planning and Development C-2353 Government Center Minneapolis, MN 55487 If there are questions concerning t'he agreement please contact Mr. Isaacson at 348-4544. Sincerely, '~-Dale A. AcEmann~ ' County Administrator cc: Thomas T. Feeney, Area Manager, HUD Leonard Kopp, Mound CITY OF MOUND Mound, Minnesota August 2, 1979 INFORMATION MEMORANDUM NO. 79-90 SUBJECT: Refund of Variance Fee The owner of 3142 Devon Lane submitted an application for a variance so that he could build a garage and then had a change of plans so a variance was not needed. The application did not go to either the Planning Commission or the Council. He is requesting a refund of the $25.00 fee. Copy of letter attached. If there is no objection from the Council, this will be listed on the bills for payment. Le6nard L. Kopp / ' cc: City Clerk -July 24~ 1979 [~12) 472-11~5 TO: Cities Interested in the Continental Telephone Case We greatly appreciate the interest you have expressed in the Continental Telephone case and wish to bring you up-to-date on what has happened. On July 18th, a preliminary hearing was held in St. Paul. In addition to the Telephone Company and the PublicService Commission, the hearing was attended by our City Attorney, Curtis Pearson, and the Minnesota Consumer Services Residential Utility Unit of the State of Minnesota Consumers Service Board. Joan Volz, Special Assistant to the Attorney General, represented the Residential Consumers Unit. We are attaching copies of information received regarding that hearing. Hearings were requested in twelve locations. The Company has proposed this be lessened to six hearing sites. We should hear soon from the Examiner on where and how many hear- ings will be held. To date, it appears that the residential users will be represented by the State's Residential Consumer's Unit. However, they are running low o~ budget money and may be looking for help in order to get a good rate expert to advise them and to testify. At this point, there seems to be no one covering the commercial and industrial users. There appear to be two or three things we can do: 1. We can enter the case as an intervener and represent both com- mercial and residential customers. 2. We can give assistance to the Residential Consumers Board by attending hearings and keeping them briefed on problems. 3. Since the Residential Consumer Board has intervened, we can step out completely and let the commercial and industrial users fend for thems'elves. To date, there have only been 20 of more than 100 Cities that have indicated a desire to participate. A copy of that list is attached. Letter: Cities Interested in the Continental Telephone Case July 24, 1979 - Page 2 We will meet in the Mound City Office, 5341 Maywood Road, Mound, at 1:30 P.M., Saturday, August llth, to discuss the problems and hope that you will join us. Tim Lovaasen Mayor TL/ms Encl. NATIONAL-SOO LINE CONCOURS EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS MARQUETTE AVE. MINNEAPOLIS, MIt 55402 339-8291 {AREA CODE 612 July 31, 1979 To Cities RE: Housing Bonds It looks like the congressional jam of single family housing issues is broken and, for starters, any such bond issues in the mill on April 25, 1979 will now be permitted to proceed (if they've done certain things), This will prob- aaly mean a big "spike" of such issues in the short term after which there will be other housing issues on a more restricted basis. Because of the overall short supply of such bonds municipalities might want to consider spreading out their issues (smaller issues) and take them to com- petitive sale. There's almost a 1% spread between an AA-rated privately negotiated housing issue (backed by guaranteed mortgages) and an AA general obligation issue sold at public sale. It's worth a looksee. After the transitional housing issues are sold, income and other restrictions will effectively cut the number and size of housing issues. Nevertheless 7 or 8% mortgage loans using tax-exempt bond proceeds compares with 11 to 11½% conventional loans. Very truly yours, C.S. WRIGHT, MANAGER INSU 12 SO. SIXTH ST,, ROOM 1229, MINNEAPOLIS, MINN. 55402 TELEPHONE: (612) 338-82OO NCE SERVICES FFICE OF MINNESOTA r',. V\ July 30, 1979 Mr. Leonard L. Kopp City Manager City of Mound 5341Maywood Road Mound, MN 55364 Dear Mr. Kopp: This acknowledges receipt of the requested information prior to making the survey of the public fire protection facilities. We have your city on our list of communities for attention and will be proceeding with the field survey just as soon as our work schedule permits. At least two weeks prior to the planned survey, we will be corresponding with you tO determine if the date selected is satisfactory. Sincerely, Assistant Supervisor Pricing - Rating wjm:jk JOHN E. D~AWZ · JAME3 D. LAP,ON LAw OFFICES LEFEVERE, LEFLER, PEARSON, O'I3RIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 554.02 August 1, 19 79 TELEPHONE Mr. Lyle Swanson McCombs-Knutson Associates, Inc. 12805 Olson Memorial HighWay Minneapolis, Minnesota 55441 Re: 1978 Street Improvements Dear Lyle: I have not heard from you or anyone in your firm since my letter of July 24 to the attorneys for Steven J. Thomas.. T am now in receipt of a letter from Mr. Rooney, who represents Thomas, in- dicating that in his opinion most of the punch list items have been completed. I enclose a copy of .that letter and ask that you review it and ask for your comments. It may be necessary for us to get together and determine what should be done and what has been done since our prior communications. I think I have made it clear all along that my choice of action is to push Thomas to get him to complete the work as I believe that we raise considerable legal complications by bringing in a third party to do the work. will hope %o hear from you in the near future after you have had chance to review the letter. CAP: ms cc: Mr. Leonard Kopp Very truly yours, A. Pearson THOMAS J. ROONEY LARRY NEILSON SHEAR & R,.OONEY, LTD. Attorneys at Law 1170 Northern Federal Building Sixth and Wabasha St. Paul, Minnesota 55102 Telephone 224-3361 Area Code 612 Of Counsel: Harold Shear 1074 N. E. Commercial Street Jensen Beach, Florida 33457 July 31, 1979 LeFevere, Lefler, Pearson, O'Brien & Drawz Attorneys at Law 1100 First National Bank Building Minneapolis, Minnesota 55402 Attention: Curtis A. Pearson Re: Mound Improvements - Steve J. Thomas ~ Thomas & Sons Construction, Inc. Dear Mr. Pearson: I drove the Beechwood area and parts of the Tonkawood area with Steve Thomas, Ted Bray, the insurance agent who provided the bonds, and William Priebe who is the foreman in charge of the project. The majority of the items that were on the punch list had been completed. Of the 19 punch list items in the Beachwood area the following appear to be the status. Garden Lane 1. Complete 2. Complete 3. The grading is done. done, would be done in the fall. Seeding, if it is to be Grove Lane The base is in on Grove Lane. This work was held up by the City,s failure to obtain an easement. 2. This is completed where blacktopped or where walls have been authorized. 3. There appears to be one redwood board dmnaged. This is on the same property where the rock garden is to be restored. Apparently both items will finally be taken care of because the City Council has now authorized the construction of a ketaining wall. It ,2i6q Curtis A. Pearson Page 2 July 31, 1979 would have been impossible to restore the rock garden without the authorization for a retaining wall. The Contract authorized alter- native would have been to destroy part of the rock garden in order to maintain a 3 to 1 slope to the curb. 5. Done.' 6, Done. Beachwood Road 1. This work was in progress when we were inspecting. The bike path is graded, not paved. 3. This work was in progress. 4. This punch list item results from a change of mind on the part of the Inspector. Previously he informed the contractor to seed not sod the area. 5. This item was either done or was not defective. 6. Done. 7. Not done. Evergreen Road 1. Done. 2. There was a question as to the propriety of this item on the punch list which I will take up later with you or with the engineer. 3. Done. I do not interpret your letter of July 24, 1979 to Larry Neilson as a notice of default to the contractor pursuant to the pro- visions of the Contract. If you do consider this letter to be formal notice of default, please advise me. I should like to call to your attention the provision of the Contract that extends the time for ~2/~J Mr. Curtis A. Pearson Page 3 July 31, 1979 completion to six months from the date of substantial acquisition Of the easements. In this time computation the winter months up through March are excluded. As I understand it, easements were not obtained and accordingly the Contractor would have without penalty until September 30th to complete this project. There are apparently some easement items that the City is going to abandon its efforts to obtain. I would appreciate your confirming that there are no additional easements that are going to be obtained so that the contractor and the blacktopping contractor will know that the inminent movein of blacktop equipment will be the final move-in. Thanks. TJR/br CC: Yours very truly, SHEAR & ROONEY, LTD. Thomas & Sons Construction, Inc. OOL£'GGq (~L9) _.qNOHa~-IBI. LI~'~JG VIOS~NNI~ 'SI']08V~NNI~ 'AVN%HglH ']VtI~IC~,I~I,.~ NOS'lO 'DNI ~S~L~IDOSS~ NOS~QNX-S~ODD~ · ~s~Ap~ es~id °s~q~ uo suoF~sen5 Au~ ~n~q noA ~! · (~u~o~ltls ~spInoq~) ~ ~u~s~x~ ~q~ o~ ~u~n~[p~ q~d ~oo~ xTs ~ ~o ~s~suoo PlUO~,% ~q~d 8~q p~sodo~d ~i 6uo~on~suoo 6u~p~$dn ao~ suuId Au~ enuq A~UnOD uTdeuueH £eoQ 'I -uo~Dn~suo~ pssodo~d "s~!~TI ~a~d BuIads eqg o~ 0ii p~oE ~gunoD uo=g ~EI p~oM ~unoD ~o suoT~od uo q~d ~MIq ~ ~o uo~on~suoo ~q~ ~u~p!suoo s~ puno~ ~o ~TD ~q& :~u~Izu~D u~A '~ SB.~NN~'Id 4118 [] SBOK]^BflS ON¥] III SH.:FaNIgN] ONI.I.'lrlSN03 '~ 'gNI 'S J.VI90SSV NOSJ_r'IN I-S lI 1033 'M CLAYTON L. L[FEVeRE HERBERT P. LEFLER CURTIS A. PEAF~SON J DENNIS O'BRIEN JOHN E. DRAWZ DAVID J, KENNEDY JOHN S. DEAN GLENN E. PURDUE JAMES D. iARSON CHARLES L. L£FEVERE HERBERT P. LEFLER LAW OFFICES LEFEVERE, LEFLER, PEARSON,O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNE,~,.POLIS, MINNESOTA 5540m July 27, 19 79 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Continental Telephone Co. Dear Len: I am enclosing herewith a copy of the prehearing order received today from George Deretich, Hearing Examiner. This is an order covering the issues discussed at the hearing on July 18, 1979. I call your attention to item 7 on page 3 indicating the last date to intervene is August 24, 1979. I feel I should probably put in writing what we discussed in- formally at the council meeting on July 24. I think it is helpful to have as many municipalities as possible intervene, but I have mixed emotions about Mound being tied to all of the other com- munities. We must remember that in all cases our interest may not be similar, and. certainly one of the points that Mound wishes to make in these hearings is that we are an older exchange, have relatively good equipment installed and paid for. The modification program which the company is currently working on pursuant to ord. ers by the Public Service Commission has resulted in massive expenditures of funds outstate. I believe the company will be indicating an additional base in excess of $50 million dollars, and Mound will want to do whatever it can to preserve the relief granted in our last settlement with the company. This creates a dilemma because we are the motivating force for the other communi- ties to get involved, and at the same time it might mean higher rates for those same municipalities depending upon the revenue rate granted to the company. LAW OFFICES LE:FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Mr. Leonard L. Kopp Page 2 July 27, 1979 I believe you said that-the council would probably want to get together to discuss this prior to any meeting with other community representatives. Ve~ trul/_y y~rs, City Attorney Enclosure PSC-~-.I.4 6-GD STATE OF MIN~ES~£A OFFICE OF HEAR/NG EXAMINERS FOR ~{E PUBLIC SERVICE CC~'[~IISSION In the r.~tter of the Petition by Con- tinental Telephone Company of Minne- sota, Inc., St. Paul, Minnesota, for Authority to Change its Schedule of Telephone Rates for Customers Within the State of Minnesota. PREHEARING ORDER %]~e above-entitled matter c~ae on for a Preheating Conference pursuant to notice on July 18, 1979, at 9:30 a.m., in the Minnesota Public Service Commission's hearing rocm, American Center Building, St. Paul, Minnesota, before George Deretich, Hearing Ex~niner. The following appearances were made: RDbert A. Helman and Wayne W. Whalen, of ~iayer, Brown and Platt, At- torneys at Law, 231 South LaSalle Street, Chicago, Illinois - 60604, ap- pearing on behalf of the Petitioner, Continental Telephone Company of Minnesota. John C. McNulty, Attorney at Law, 1800 Midwest Plaza, Minneapolis, Minnesota - 55402, appeared on behalf of the Petitioner, Continental Tele- phone Ccmpany of Minnesota. Larry Salustro, Special Assistant Attorney General, 720 American Cen- ter Building, St. Paul, Minnesota - 55101, appeared on behalf of the Par- ticipating Department Staff, Department of Public Service. Joan Volz, Special Assistant Attorney General, 500 Metro Square, St. Paul, Minnesota - 55101, appeared on behalf of the Const~ner Services Sec- tion of the Minnesota Department of Commerce. · Rod Wilson, Special Assistant Attorney General, 720 American Center Building, St. Paul, Minnesota - 55101, appeared on behalf of the Public Service Commission. Curtis A. Pearson, Mound City Attorney, 1100 First National Bank Build- ing, Minneapolis, Minnesota - 55402, appeared on behalf of the City of Mound. Discussion w~:.S..held among the participants who appeared at the preheat- ing conference, and having considered all the arguments and comments, as well as written subnissions filed by them and all potential intervenors, - the_ Hearing Examiner now makes the following Preheating Order: NOW, Tf~REFORE, IT IS HEREBY ORDERED AS FOLL(~,/S: " INTERVENORS Based upon petitions filed %0 date, the following are made parties in this case as Intervenors: 1. The Participating De_partment Staff of the Minnesota Department of Public Service. 2. The Const~ner Services Section of the Minnesota Department of C~- merce. PROCEDURE 1. The Rules of the Office of Heari~g Examiners shall be applied to this case. 2. The hearing shall be conducted in accordance with the attached schedule appendix unless otherwise ordered by the Examiner. 3. All direct testimony to be presented by all parties shall be filed with the Hearing Examiner and shall be served upon the parties in ac- cordance with the schedule in Appendix A. All filed testj~nony shall be in question and answer format and shall be bou~d into the record as if read. 4. All documents filed, including prefiled testJz,ony, but excluding information requests and responses, must be filed as follows: a. Prior to the issuance of the Report of the Hearing Examiner, the original document and one copy must be filed with the Office of Hear- lng Examiners. The document and copy may be delivered or mailed to: GEORGE DERETICH Hearing Examiner Office of Hearing Examiners 1745 University Avenue St. Paul, Minnesota- 55104 b. Seventeen (17) copies of each document must be filed with the Cc~nission Secretary for distribution among Commissioners and Commission Support Staff. The copies may be delivered or mailed to: RANDY YOU~YS, Director Minnesota Public Service Cc~nmission 7t~h Floor, American Center Building 160 E. Kellogg Boulevard St. Paul, Minnesota- 55101 c. One copy must be served personally or by mail on the attorney for each party of record, or if there is no attorney, upon the party. d. Prior to the issuance of the Report of the Hearing Examiner, the effective date of each filing· is the date the document is received by the Office of Hearing Examiners. Following the Report of the Hearing Exam- iner, no filing with the Office of Hearing Examiner is required, and the ef- fective date of filing .is the date the document is mailed to the Acting Secretary of the .~.nnesota Public service Commission. e. Proof of service must accompany each filed document. 5. All requests for information must be made in writing to the party frcm whom the information is sought, and copies of each request must be sent to all parties. The party responding to the infor]nation request must provide the information requested to the requesting party within ten (10) days. The information need not be supplied to other parties except upon their specific request. If the information ca~]ot be supplied witiain ten (10) days, the responding party will notify the requesting party as soon as possible and within five (5) days of the date of the request. The par- ties will then attempt to agree upon a schedule for the supplying of the information. All disputes concerning the reasonableness of discovery re- quests and the timing and sufficiency of responses will be resolv~ by the Hearing Examiner upon 'the motion of aay of the parties involved. -2- 6. Cross-examination of the Company will be conducted first by the Staff, foll(~ed by other Intervenors in the order of the dates of filing the Petitions to Intervene. Testimony by Intervenors will be offered first by the S~aff an ~]nen by other Intervenors in the order of the dates of fil- ing the Petitions to Intervene. Cross-examination of the Staff and o~her Intervenors will be oonducted first by the Company, second by the staff, and then by other Intervenors in the same order as they filed their Peti- tions to Intervene. 7. The last date to intervene is August 24, 1979. Anyone allowed to intervene after the effective date of this Preheating Order shall be bound by this Order. 8. Parties will examine and cross-examine witnesses through their at- · torneys, if they are represented by counsel. Any party not represented ~y counsel may examine and cross-examine each witness through any one represen- tative chosen by that party. 9. The Commission support staff and counsel, and the Commissioners themselves, may question any witness concerning matters which are relevant to the Company's Petition to change its rate schedules. However, if the Ccmmissioners, their support staff or counsel intend to inquire into matters which have not been raised as issues by any of the parties, they must give advance written notice 'prior to the inquiry to all parties and the Ex-miner. The notice shall state the areas of inquiry and shall be made a reasonable time prior to the inquiry. 10. Evidentiary hearings will be conducted on the designated days be- tween the hours of 9:30 a.m. and 12:00 noon, and 1:30 p.m. through 4:30 p.m., unless o~herwise ordered by the Hearing Examiner. · 11.' General public hearings for members held in accordance with the attached schedule public may make statements before the Hearing ters as Continental's adequacy and quality of other relevant matters. Persons who have not of the general public will be (Appendix A). Members of the Exa~iner regarding such mat- service, level of rates, or petitioned to intervene but who wish to make statements, may do so at any one of the general public hearings scheduled. Any person may appear without representation by attor- ney at these hearings. Persons so appearing and testifying will be subject to cross-examination. At the public hearings, the public will be permitted to ask questions of the Cc~pany, and ~he Company will be expected to re- spond to the questions asked. Because the responses are not subject to cross-examination and will be aimed at assisting the public rather than technical exac~ness, the Company responses will not be. used by the parties as substantive evidence. Sworn statements made by me~foers of the public will be considered substantive evidence where appropriate. 12. Simultaneous briefs and reply briefs shall be filed in accordance with the schedule in Appendix A. 13. Each ~a~ty may su~nLt proposed fLndings of fact, conclusLons and rec(~nendations to the Hearing Examiner at the thne brie[s are due. 14. This Order, including Apper~ix A attached hereto, shall ~e tive h~nediately. Dated ~_his ~c,/--~day of July, 1979. Hearing Examiner -4- APPENDIX A C~FIN~KFAL TELEPHONE CO~4PANY OF MINNESOTA, I~4C. - RATE CASE, 1979 1. Case filed 2. Preheating Conference 3. Deadline for Intervention 4. Cross Examination of C~'~Loany 5. Filing of Intervenor Testimony 6. Cross Examination of Intervenors 7. Filing of Company Rebuttal Testimony 8. Cross Ex~nination of Rebuttal TestJ3~ony 9. Initial Brief 10. Reply Brief 11. Hearing Examiner's Report 12. Exceptions and Reply to Report 13. Final Commission Order ~y 11, 1979 June 18, 1979 August 24, 1979 September 24-28, 1979 October 19, 1979 November 13-16, 19, 1979 ~Dvember 21, 1979 December 10-14, 1979 January l8, 1980 January29, 1980 February 29, 1980 b~rch 28, 1980 May 10, 1980 All evidentiaryhearings will be held in the large hearing room, pub- lic Service Commission, 7th Floor, American Center Building, 160 E. Kel- logg Poulevard, St. Paul, Minnesota. There will be general public hearings held as foll~s: Aurora International Falls First Floor, City Hall 16 W. 2nd Avenue North Library and Community Building 3rd Street and 8th Avenue ~rren .Old CoUrt Room Marshall County Courthouse Mound Council Chambers city Hall 5341 Maywo::x::] Road ~ple Plain ~ple Plain El~nentary School Auditorium Lindstrom Co~nunity Center 13330 Sylvan Avenue Blooming Prairie Co~nunity Building Auditorium 3rd Avenue S. E. ~buntain Lake Asser~lyRocm Senior Citizens BuildQ~g Tyler Kronberg Inn 101 Highway No. 14 }lector C~aunity Center Main Street Elbow. Lake Mi laca McGr~joc McGregor High School ~VILLIAM:~i/O'BRIEN ASSOCIATES, INC. ARCHITECTS / PLANNERS July 30, 1979 Mr. Leonard Kopp Mound City Manager 5341 Maywood Road Mound, Minnesota 55364 Re: City Hall Roof Repairs MINNEAPOLIS, i Dear Leonard, This is to confirm our phone conversation regarding the skylight. We are going to have a contractor put a poly- ethelyne covering over the skylight and seal the perimeter on a sand bed or with roofing mastic in an attempt to identify the source of water during rain storms. Following this installation it should be observed during the next rain to see if leakage is reduced. Sealing the perimeters should help even wi~h high winds. I hope this helps identify the source of the problem. Sincerely, James W. O'Brien, AIA ~/~, r'~ Vice President /~/z~~ Williams/O'Brien Associates 45 South Ninth Street Minneapolis, Minnesota 55402 JWO/kp cc: Mr. Curtis Pearson, LeFevere, Lefler, Hamilton & Pearson CITY of MOUND July 24, 1979 5341 MAYWOGD ROAD MOUND, MINN-SSOTA 55364 (612) 472-1135 Mr. & Mrs. Victor Smith 4925 Bartlett Boulevard Mound, MN. 55364 Subject: House Building Bond Dear Mr. & Mrs. Smith: Attached is a copy of a letter from the Attorney relative to the bonds for the house you are moving in on Bartlett Boulevard. Please note the last sentence of the Attorney's letter. We are holding the verification notices and it would appear to me that we should be holding the certificates. Sincerely, ~-- ~eonard L. Kop~ v// - City Manager LLK/ms Encl. cc: C. Pearson /M. Marske JOHN B. DEAN GLENN E. PURDUE JAMES D. LARSON CHARLES L. L£FEVERE HERBERT P. LEFLER Trr JEFFREY J. STRAND JAMES P, O'MEARA MARY J. BJORKLUND THOt~IA5 D. CREIOHTON LAW OFFICES LEFEVERE, LEFLER, PEARSON,O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING HINNEAPOLIS. MINNESOTA 55402 July 20, 1979 TELEPHONE (612) 333-OS43 Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Building Bond Dear Len: I am returning herewith the file regarding the desire of Victor C. Smith to use savings accounts as collateral for their building bond.. Please note I have marked up the account card to highlight that withdrawals cannot be made without the presentation of the passbook and have deleted the portion allowing Twin City Federal to waive that requirement. If the Cit~' of Mound is on ~.t~___e__~_c_c o u_.n_.~ ..a_n~d.__i_f- _.we_.~.a_v__e... t_ .h._e_ .p_a_ S.S .b._o_ok_.s. ,...1 t_ ~_ s~. re_y_._ opinion that you can take this in lieu of a bond. VeT/ truly y.o~ C~P: Ih Enclosures