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81-03-03CM 81-74 CM 81-77 CM 81-78 CM 81-79 CM 81-76 CM 81-80 2. * 3. *3. C. CITY Jo Hound REVI~ AGEI Mound City Council March 3, 1981 City Hall 7:30 P.M. i Minutes Pg. 551-554 ' LawCon Grant Pg. 543-550 Licenses and Permits ' A. Cigarette License B. Bingo Permit Request P 4. Delinquent Utility Bills 5. Comments and Suggestions bY 6. Committee Assignments - Pre~ 7. Police Manpower Pg. 535-536?' 8. Transfer of Funds ' 9. Payment of Bills 10. Information Memorandums/M~s{i 11. Committee Reports ,:~ MOUND i~nesota Pg. 542 541 539-540 tizens Present (3 Minute I t City Manager Pg. 537-51 Pg. 509-534 & 556-558 'mit) 8 Page 555 Garbage Collection License Renewals Pg. 559 X~ BILLS ...... MARCH 3, 1981 American Legion #398 ~ Norman Beise Holly Bostrom Capitol Electronics Curtis 1OOO Dependable ~ervices Feed Rite Controls Hardrives Hawkins Chemical Ken Johnson Printing Internatl City Mgmt Assn Charles Johnson Leonard Kopp LaBelles Lido Truck Line The Laker Liqui Systems Mound Postmaster City of Minnetrista Marina Auto Mutual Benefit Life Metro Fone Minn UC Fund Midwest Electric Petney Bowes PHYSICIANS Health Plan Timothy Piepkorn Va0 Waters & Rogers Griggs, Cooper Johnson Bros. Liquor Old Peoria TOTAL BILLS 12.00 5o.oo 210.00 57.00 32.20 30.00 74.0O 91,525.45 257.30 84.47 26.75 70.37 64.35 36.97 15.O0 24.27 643.34 82.26 576.O0 350.46 711.31 35.40 29.91 126.90 45.oo 3,795.5O 630.OO 388.20 1,305.33 2,330.'34 718.31 104,338.39 TRANSFERS Street to Imp & Equip Outlay Park " " " Finance " " " Elections " " " Diseased Trees " " Sewer " " " Water " " " Cemetery " " " Street to Shop & Stores Water " " " Park " " " Bldg. Inspect." " Police " " " Liquor to General 1,666.66 333.33 80.17 25.00 176.66 375.OO 416.67 25.OO 564.44 133.60 282.68 4.oo 341.97 1,500.O0 3-3-81 Mound, Minnesota March 3, 1951 COUNCIL MEMORANDUM NO. 81-84 SUBJECT: Screening Committee - Selection of City Manager The Council has discussed a screening committee to go through the resumes received from Manager applicants (now 69). In order to get that Committee working, the Mayor has suggested the fol- lowing: Frank Hancuch Thomas geese Donald Brandenberg Rock Lindlan ~ ITY Mound, nnesota 3-3-81 March: 3 981 COUNCIL MEMORANDUM NO. 81-82 SUBJECT: Parking Permit - Vari~ of Off Street Parking Ordinance Attached is a copy of a Winter Park Road ' · I The Public Works Department is recol Permit request for 5932~Beachwood ng denial of this request. VARIANCE RE( City of Hound OFF STREET PARKING ORD / f~ t. // ×f-').. ×~. rnu~m~w. C~' T.N'DI'V~..~UAL 3-3-81 CITY OF MOUND Mound, Minnesota March 2, 1981 COUNCIL MEMORANDUM NO. 81-81 SUBJECT: Garbage Collection License Renewals Garbage Collection Licenses expired the 28th day of February. We have received applications for renewal from: Blackowiak and Son for 3 Trucks Westonka Sanitation for 2 Trucks 7701 COUNTY ROAD 110 W · MOUND. MINNESOTA 55364 · 472-3484 February 24, 1981 Mr. Charles E. Riesenberg City Planner City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Riesenberg: The City of Minnetrista has received and reviewed a copy of the proposed Comprehensive Plan for the City of Mound. Generally, Minnetrista agrees with and supports the goals and policies outlined in that plan. However, there are a few issues identified in that plan which may affect Minnetrista and which deserve comment. The Mound plan represents industrial land uses along the western portions of Langdon Lake. Since.these properties lie adjacent to Minnetrista, it is of some concern. It is questionable whether this is an appropriate use considering the environmental effects on the wetlands and lakes, the lack of major arterials servicing the properties, and the existing residential uses. The Minnetrista Comprehensive Plan shows low density resi- dential development in the area with minimum lot size of three acres. Therefore, Minnetrista is concerned that these uses may be incompatible due to the detrimental effects which industrial uses often have on residential property. There is a minor inconsistency regarding the respective transportation plans of ~und and Minnetrista. Mound --has identified the northern portion of County Road 44 as a collector. However, Minnetrista's plan designates County Road 44 as a minor arterial. Minnetrista believes County Road 44 will perform a vital function by providing access to State Highway 7 for the area's~residents, in- cluding the citizens of Mound. County Road 44 will also provide access to the downtown Mound area for those resi- dential properties located in the South Halstead Bay area. Therefore, Minnetrista requests that this inconsistency be resolved. Mr. Charles Riesenberg Page 2 February 24, 1981 The plan identifies a number of wetlands throughout the City and the important functions which they perform. It encourages the preservation and protection of wet- lands. Since there are wetlands within the City of Mound which also extend into the City of Minnetrista, the use of wetlands will affect Minnetrista. Therefore, the City of Minnetrista strongly supports Mound's policies regarding the preservation and protection of wetlands. The park element of your plan states that the construc- tion of bikeways is a key element to your park system. Minnetrista's plan also recognizes the need for additional trails and encourages their development. Minnetristra therefore, supports the further development of trails and expresses willingness to coordinate with the City of Mound regarding such projects. The Mound plan does not address sanitary sewers. The limited MWCC sewer capacity and the allocation of that capacity is an important issue to be discussed between our two communities. It will be 'beneficial to both communities to determine the allocation of the limited capacity, support each other before Metropolitan Council and the Metropolitan Waste Control Commission, and work together to resolve any problems. Therefore, Minnetris~a would appreciate the opportunity to review and comment on any further plans or policies which Mound may develop in regard to this issue. Minnetrista appreciates the opportunity to review and comment on the future plans of Mound and requests%~that your City give careful consideration to our comments, as outlined above. Sincerely, CITY OF MINNETRISTA Gert Olson Mayor GO:bjs cc Minnetrista City Council Minnetrista Planning Commission February 25, 1981 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota Dear Mr. Kopp:~ 55364 The Lake Minnetonka Paratransit System, commonly known as TonkaMobile, has been providing service to ten communities in western Hennepin county since April 14, 1980. The project is a one year demonstration funded by the Minnesota Department of Transportation. Staff will recommend to the Operations Committee of the Metropolitan Transit Corm~ission on March 11, that the peak portion of the service be oontinued into the second year but that the non-peak service be discontinued on April 30, 1981. Enclosed please find an evaluation of the first ten months of operation. Major findings of the report include: Over 58% of all trips occurred during the peak period (6-9 a.m. and 3-7 p.m.). Transit dependents - elderly and youth - made up more than 70% of the non-peak ridership. Physically handicapped patrons composed 0.3% of the non-peak ridership. The subsidy per passenger for peak service was 79% less than the subsidy per passenger for non-peak service. Cooperative ventures in subcontracting can reduce the cost of providing paratransit service. - Patrons are willing to pay a premium for off route pick-up. Access to regular route transit was improved as a result of tke demonstration. The report and recommendations will be discussed at the Operations Committee Meeting on March 11, 1981, at 4:30 p.m. The meeting will be held at the Metropolitan Transit Commission, 801 American Center Building~ 150 E. Kellogg Blvd., St. Paul, Minnesota, 55~Ql~._I~_~ouhaye.an¥ coam~nt$ -~n the report, you may °present them at the Operations meeting Qr contact Judith McCourt at 221-0939, extension 160. Sincerely, ~ith Hollander ~~ Director, Special Services REGULAR MEETING OF THE CITY COUNCIL February 24, 19B1 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 February 24, 1981 at 7:30 p.m. Those present were: Mayor Rock Lindlan, Councilmembers Gordon Swenson, Robert Polston and Pinky Charon. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and City Clerk Mary H. Cronin. MINUTES The minutes of the meeting of February 10, 1981 were presented for consideration. Swenson moved and Charon seconded a motion to approve the minutes of the meeting of February 10, 1981 as submitted. The vote was unanimously in favor. PUBLIC HEARING Delinquent Utility Bills The Mayor then opened the public hearing for input 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 Mayor then closed the public hearing. Swenson moved and Polston seconded a motion RESOLUTION 81-65 RESOLUTION DIRECTING THE CITY STAFF TO TURN OFF SERVICE TO DELINQUENT UTILITY ACCOUNTS Roll call vote was unanimously in favor. 1981 BOND ISSUES The City Manager advised the Council of the status of the proposed bond sale. LIQUOR ORDINANCE Swenson moved and Polston seconded a moti:on to direct the City Attorney to draft an amendment to Section II of the City Code as indicated by the Council. The vote was unanimously in favor. POLICE REORGANIZATION The following persons offered comments or questions: Buzz Sycks, Shirley Hawks, A1Hofstadter, Harriet Moen, Brad Roy, Bill Hudson and Tom Reese. The Mayor then closed the public hearing. 5wenson moved and Polston seconded a motion to appoint a seven member Police Re- organization Committee consisting of: James Bedell, Bob Hartigan, Bill Netka, Roy O'Donnell, Bill Cunnington, Pinky Charon and Harriet Moen. The vote was unanimously in favor. 21 February 24, 1981 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Tom Reese, 5~41 Bartlett Blvd. commented on the aesthetics of theBartlett Boulevard and Commerce Boulevard area. Larry Connolly, 1969 Lakeside Ln. asked about damage to his cars from road construction. BIDS - UNDER FLOOR WASHING SYSTEM Polston moved and Charon seconded a motion RESOLUTION 81-66 RESOLUTION TO AWARD PURCHASE OF AN UNDER FLOOR WASHING SYSTEM TO THE LOW BIDDER - SPECIALTY EQUIPMENT CO. INC. FOR $1,775.O0 WITH $775.00 TO BE PAID BY THE FIRE DEPART- MENT The vote was unanimously in favor. REVENUE SHARING 1981 Swenson moved and Polston seconded a motion RESOLUTION 81-67 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING REVENUE SHARING FUNDS TO BE HEARD ON MARCH 24, 1981 AT 7:30 P.M. The vote was unanimously in favor. SEVERANCE PAY POLICY Lindlan moved and Charon seconded a motion RESOLUTION 81-68 RESOLUTION DIRECTING THE CITY STAFF TO PAY SEVERANCE PAY BASED ON THE YEARLY SALARY EFFECTIVE ON THE DATE OF TERMINATION Roll call vote was three in favor with Swenson voting nay. CIGARETTE LICENSES Swenson moved and Lindlan seconded a motion RESOLUTION 81-69 RESOLUTION AUTHORIZING THE ISSUANCE OF CIGARETTE LICENSES The vote was Swenson and Lindlan in favor with Charon voting nay. (Polston was momentarily absent) GARBAGE COLLECTION Swenson moved and Charon seconded a motion RESOLUTION 81-70 RESOLUTION AUTHORIZING THE ISSUANCE OF GARBAGE COLLECTION LICENSES The vote was unanimously in favor. DOWNTOWN REDEVELOPMENT COMMITTEE Polston moved and Swenson seconded a motion to adopt the proposed eleven member February 24, 1981 23 task force presented by the mayor. The vote was unanimously in favor. REDUCTION IN RETAINAGE Polston moved and Charon seconded a motion RESOLUTION 81-71 RESOLUTION TO RELEASE ALL BUT $25,000 OF THE RETAINAGE FOR THE 1979 CONSTRUCTION PROJECT WHICH IS PRESENTLY $116,525.45 Roll call vote was unanimously in favor. PRELIMINARY REPORT ON STREET LIGHTS - CTY. RD. 110 Polston moved and Charon seconded a motion RESOLUTION 81-72 RESOLUTION ACCEPTING THE PRELIMINARY REPORT AS AN ADDENDUM TO RESOLUTION 81-51 REGARDING STREET LIGHTS ON CTY. RD. 110 The vote was unanimously in favor. BINGO PERMIT Polston moved and Swenson seconded a motion RESOLUTION 81-73 RESOLUTION AUTHORIZING THE ISSUANCE OF A BINGO PERMIT TO THE MOUND MOHAWK JAYCEE WOMEN AND WAIVE THE BOND AND FEE The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Charon seconded a motion to approve payment of the bills as submitted on the prelist in the amount of $319,348.40 when funds are avaiable. The vote was unanimously in favor. ADDITIONAL COUNCIL MEETING Swenson moved and Polston seconded a motion RESOLUTION 81-74 RESOLUTION DECLARING COUNCIL MEETINGS WILL BE HELD THE FIRST, SECOND AND FOURTH TUESDAY AND INFORMALLY FOR DISCUSSION MEETINGS ON FRIDAY MORNINGS. The vote was unanimously in favor. L.M.C.D. Swenson moved and Polston seconded a motion RESOLUTION 81-75 RESOLUTION DESIGNATING ORVAL FENSTAD AS [.M.C.D. REPRESENTATIVE The vote was unanimously in favor. 24 February 24, 1981 POLICE REPORTS §wenson moved and Lindlan seconded a motion to discontinue the distribution of police and public works department reports to the Council. The vote was unanimously in favor. ADJOURNMENT Polston moved and Swenson seconded a motion to adjourn to the special meeting with the Planning Commission on Thursday, February 26, 1981 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Cronin CMC, City Clerk/Treasurer Leonard L. Kopp, City Manager 2-24-81 CITY OF MOUND Mound, Minnesota February 24, 1981 COUNCIL MEMORANDUM NO. 81-74 SUBJECT: LawCon Grant The City has applied for a LawCon Grant which requires 50% City Funding. The amount to be funded by the City is $27,606. No funds were budgeted for this grant. It seems a definite determination should be made before we go forward. Before us now is the question of when the work should be done - spring or fall. See copy of letter attached. Also there is a permit from the Corps of Engineers for doing the work. Copies of the designs for the work to be done are enclosed. ard L. Kopp ~ February 23, 1981 TO: FROM: RE: City Manager City Planner Mound Bay Park LAWCON Grant Development Schedule The State people have indicated our grant will be tendered within 4-6 weeks. In discussions with Chris Bollis, the City must decide if the project is to be completed prior to the 1st week in June or wait until late August once the swimming season is over. If the City decides to complete the project before this summer's recreational session, it is recommended that authorization is given my office and McCombs Knutson to prepare the development's plan and specifications, the final grant application and accompa- nying documentation to secure the additional required permits from all appropriate regulatory agencies. The bidding process and construction period would be structured by scheduling a pre- June completion date. Charles Riesenberg Planner CR/ms PAR~: - RIP- l'~=Z, mOOMD, I~I :Z. ALe-: I":': ' DE~lglg: ~: ..... I~'o'- . ) · 0 · 0 SeptemberZ3',~~, 1980 Councilmember Withhar the following resolution RESOLUTION NO. 80-371 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO DEVELOP OPEN SPACE UNDER THE PRO- VISION OF THE FEDERAL LAND & WATER CONSERVATION FUND ACT & THE STATE NATURAL RESOURCE FUND WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects, and WHEREAS, the City of Mound desires to develop certain land known as Mound Bay Park, which land is to be held and used for permanent open space, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and five (5) year action program (capital. improvement); and WHEREAS, the City of Mound has an original or revised 5-year action program which includes Mound Bay Park, and WHEREAS, it is estimated that the cost of developing said interest(s) shall be $55,212.O0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: 1. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Natural Resource Fund (Minnesota Law, 1979, Chapter 333, Section 31, Subdivision 3, paragraphs (j) and (k) for an amount presently estimated to be $27,606.00 and the applicant will pay the balance of the cost from other fun~s available to it. 2. That the City Manager is hereby authorized and directed to execute and to file A)such application and B) the 5-year action program with the State Planning Agency, Office of Local and Urban Affairs, and to provide additional information and furnish such documents as may be required by said Agency, to execute such contracts as are re- quired by said Agency, and to act as the authorized correspondent of the applicant. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Office of Local and Urban Affairs and the H.C.R.S. That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. 3-3-81 CITY OF MOUND Mound, Minnesota February 25, 1981 COUNCIL MEMORANDUM NO. 81-77 SUBJECT: Cigarette License Renewals Cigarette licenses expire February 28th of each year. We have received the fo]lowing renewal Martin and Son Boat Rental Donnies'on .the Lake 3-81 CITY OF MOUND Mound, Minnesota March 3, 1981 COUNCIL MEMORANDUM NO. 81-83 SUBJECT: Addendum to Council Memorandum No. 81-77 Cigarette License Renewal We have received a renewal for the cigarette license for: Applebaum's Food Market (National Supermarket) 3-3-81 CITY OF MOUND Mound, Minnesota February 24, 1981 COUNCIL MEMORANDUM NO. 81-78 SUBJECT: Bingo Permit Request The Mound Volunteer Fire Department Auxiliary have requested a bingo permit for March 31, 1981. They request the bond and fee be waived. 313-81 CITY OF MOUND Mound, Minnesota February 26, 1981 COUNCIL MEMORANDUM NO. 81-79 SUBJECT: Delinquent Utility Bills Attached is a list of past due water and sewer accounts. These accounts are over six months past due and should be turned off for non-payment. In order to turn off the water, the Council should hold a public hearing. A suggested date for the public hearing would be March 24th. ~linquent Utility Bills (Over six months old) 11-019-1&84-71 11-019-1723-31 11-022-1610-61 11-025-1661-21 11-028-1610~.10 11-028-1656-61 11-028-1688~91 11-049-5031-41 11-0~2-5001-11 11-052-5016'91 11-058-,5028'11 11-067-1801~61 11-067-1920-41 11-070~1921~61 11-082-1767-81 11-085-5084-171 11-088-5865~31 11-088-2147~91 11-109-5911-91 11-112-6001'21 11-169-.6048-31' 11-175-5448-31 11-187-5447-71 11-193-2135-21 11-193-2146-91 11-196-2148~81 11-211-2136'01 $ 57.84 374.60 71.3O 71.54 116.88 83.64 60.56 58.20 106.13 lO8.77 148.60 48.84 31.73 73.89 42.54 74.69 53.44 55.18 75.08 88.68 89.78 · ... 91.40 $2488.96 2-24-81 CITY OF MOUND Mound, MJnnesota February 24, 1981 COUNCIL MEMORANDUM NO. 81-76 SUBJECT: Committee Assignments - Present City Manager On February 3, 1981, Mayor Lindlan wrote the City Council on. the subject of this memorandum suggesting that possibly thepresent manager could continue on some of the committee assignments he now holds. It was also suggested the manager be named as the City's representa- tive to the Suburban Rate Authority and the Mayor become the alter- nate. f612} 472-11£. TO: FROM: SUBJECT: The City Council Mayor Lindlan Committee Assignments of the present City Manager Presently the City Manager holds Council appointments to the Suburban' Rate Authority (SRA) The Cable T.V. Committee, and as a City employee is on a committee for the A.M.M., The League of Cities and is a member of the Board of Directors of the Suburban Public Health Nursing Service (SPHNS). If, after retirement, the Manager has some sort of City title, he could continue most and maybe all of these assignments. It is suggested he be given some sort of City title so his experience will be of use to the City on these committees and boards. Presently I am the representative to the Suburban Rate Authority and the Manage~ the alternate. The Manager has been elected to the Execu- tive Board of the SRA for 1981. It is suggested that the Manager be made the representative and the Mayor, the alternate-to SRA. Leighton Lindlan Mayor LL/ms 3-3-81 CITY OF MOUND Mound, Minnesota February 27, 1981 COUNCIL MEMORANDUM NO. 81-80 SUBJECT: Police Manpower With the resignation of Mark Smith effectlye March 15th .[see copy attached), the Police Department is at 10 men'with a Chief, The Council was going to decide whether they wished to carry II men after May 1st. Normally the question of. whether or. not the City would keep ll men would be taken up later in March. Does the Council wish to continue with l0 officers or stay at ll? Eleven have been budgeted- With two men off (I.O.D.), we will be short manpower. The Acting Police Chief will present the problem in a forthcoming Memorandum. '-l_e6nard L, Kopp / 1612~ 472-1 ':::. February 27, 1981 TO: F ROM: SUBJECT .' Sgt. William Hudson, Acting Chief Off. Mark Smith Resignation Due to the cut back of the 1981 Mound Police budget, my position as-a police officer will be terminated as of April 30, 1981. Therefore, I have been seeking other employment opportunities. This is to inform you that ! have accepted a position with West Hennepin Public Safety Department. My last day with the City of Mound will be March 15, 1981. Re~p?tful ly, /Off. Mark Smith Mound Police Department MS/sh 3-3-81 CITY OF HOUND Mound, Minnesota February 26, 1981 INFORMATION MEMORANDUM NO. 81-37 SUBJECT: Legislative Action Conference The annual Legislative Action Conference held by the State League will be held Thursday, March 12th. All Council persons wishing to attend should advise the Staff soon so reservations can be made. minnmsota cities February 13, 1981 TO: Mayors, Managers, Administrators, Clerks, Legislative Contact Persons FROM: Duke Addicks, League Legislative Counsel RE: 1981~LEAGUE LEGISLATIVE ACTION CONFERENCE The 1981 League Legislative Conference will be held at the CAPITOL HOLIDAY INN near the State Capitol in St. Paul on Thursday, March 12. Legislators have received invitations for the RECEPTION° 6:00 - 8:00 p.mo If you plan on attending, please let your legislator kno~yo~ expels to see her/him at the RECEPTION. You may even wish to go to dinner with your legislator after the reception. An agenda is enclosed with this registration form. If you plan to attend, please complete the form below and return it to: REGISTRATION FORM City Name Name Name Name Name (please type or print) Title Title Title Title Title Registration fee - $25 per registrant / / Check enclosed in the amount of $ Mail to: Gayle Bortz League of Minnesota Cities 300 Hanover Building 480 Cedar Street St. Paul, MN 55101 300 hanover building, 480 cedar street, saint paul, minnesota 55101 [612] 222-2861 3-3-81 CITY OF MOUND Mound, Minn~ot~ February 26, 1981 INFORMATION MEMORANDUM NO. 81-38 SUBJECT: Sodium Lights The Council asked for information on Sodium street lights. About one year ago Northern States Power Company advised us that present 42,000 lumen fluorescents were costing $8.85 per month and if replaced with sodiums, the 250 watt-28,O00 lumen would be $4.50 per month and a 400 watt 50,000 lumen would be $6.25 per month for cost of operation. Attached is a copy of the advertisement on the 400 watt Luminaire in sodium. General Electric M-400 LUMINAIRE G.E l h. ting makes the ditterence G EA-gB05B M-400 LUMINA~RES umlnalre now make mercury or Lucalox ®'Ii are ', .'use~with FEATURES 1. Two-bolt slip.titter for quicker in- stallation, easier leveling. 2. Semi-fixed reflector creates a more positive seal, helping to keep light-reducing contami- nants out of the optical as- sembly. 3. Rigidly mounted socket as- sembly makes proper light po- sitioning more positive. Socket is adjustable to three horizontal and two vertical settings for a variety of light distribution pat- terns. 4. Simplified ballast mounting on the upper housing consists of ballast core and coil, capacitors, terminal board and mount- ing plate -- all easily accessible through the ballast service door. GUIDE FORM SPECIFICATIONS: The luminaire shall be a General Electric luminaire, Type M-400, Cat. No. (specify), suitable for use on multiple circuits. The luminaire shall consist of a precision-cast aluminum hous- ing, ballast service door, refractor holder, a refractor holder latch on the street side, a slipfitter capable of adapting to 1-1/4-inch through 2-inch mounting brackets, and Alzak* finished reflector with gasketing between the reflector and the refractor and the socket entry, an adjustable socket (in both vertical and horizontal directions) capable of producing lES Type (specify) distribution with a (specify lamp number and type) lamp and a heat-resistant glass prismatic refractor. *Proprietary term of the Aluminum Co. of America 5. Shortened refractor door is more rigid, helping to maintain the integrity of the refractor-to-reflector seal. The luminaire shall contain integral ballasts designed for use with mercury or Lucalox lamps on (specify voltage) multiple cir- cuits. The ballast shall be pre-wired to the lamp socket and term- inal board, requiring only connection of the power-supply leads to the terminal board. (Optional) The luminaire shall include a locking-type mounting receptacle for a photoelectric control in accordance with EEI- NEMA standards. The receptacle shall be pre-wired to the term- inal board. GENERAL( ELECTRIC .5'31 a,GE limb. ting kes the OR[:)Em NFORMA'nO difference Cat. No. Watt/ Net (less lamp) Volts Lamp Ballast Light Wt. (base down Ty0e Distribution Lbs 10 below Horizontal) With P.E. Receptacle B(Connected same voltage as ballast except where noted.) C798G108 120x240 n 400-Watt I Regulator M-N-Ill with 40 C798Gl18 208 Mercury{ Regulator Clear Lamp 40 C798G122 277 Regulator 40 C798G123 240 ~ H-33 Reactor (NPF) S-N-Ill with 37 C798G131 240 A Reactor (NPF) Phos. Lamp 38 C798G126 120 L.ag 39 C798G098 ---- External 30 C798G515 120 250-Watt 42 C798G517 208 Lucalox Auto-Reg M-N-Ill 42 C798G519 240 42 C798G521 277 LU250/BD 42 C798G501 120 400-Watt Reactor (HPF) 50 C798G503 240 ~ Lucalox Reactor (HPF) 50 C798G505 120 Regulator M-N-Ill 53 C798G507 208 Regulator 53 C798G509 240 LU400/BD Regulator 53 C798G511 277 Regulator 53 Without P.E. Receptacle C798G034 120x240 ~ 400-Watt Regulator M-N-Ill with 40 C798G044 208 Mercury Regulator Clear Lamp 40 C798G049 277 Regulator 40 C798G083 240x480 ~ Regulator S-N-Ill with 40 C798G056 240 H-33 Reactor (NPF) Phos. Lamp 37 C798G06! 240 Reactor (HPF) 38 C798G058 120 ILag 39 C798G004 .... IExternal 30 bC798G514 120 250-Watt 42 C798G516 208 Lucalox 42 C798G518 240 Auto-Reg. M-N-Ill 42 C798G520 277 LU250/BO 42 C798G522 480 42 C798G500 ;]20 400-Watt Reactor (HPF) 50 C798G502 240 Lucalox Reactor (HPF) 50 ~:798G504 ].20 Regulator 53 C798G506 208 Regulator M-N-Ill 53 C798G508 240 LU400/BO Regulator 53 C798G530 277 Regulator 53 C798G512 480 Regulator 53 ~ Dual voltage ballasts rated 120x240 volts are factory wired for 120- volt operation of ballast (and photoelectric control where applicable). These units can easily be converted to 240-volt operation in the field. If units with photoelectric control are changed to 240-volt operation of ballast, then photoelectric control must also be changed to 240- volt operation rating. Those rated 240x480 volts are factory wired for480-volt operation of ballast. These can be easily converted to 240-volt operation in the field. z~ Reactor ballasts shown are factory wired for 3-wire, 120/240- volt supply, 120 volts to photoelectric control and 240 volts to ballast. When only 2-wire, 240-volt is desired order "similar to (Cat. No.) except with receptacle wired for 240 volts". · Order PoE. Control Separately OPTIONS: dP-1 Lexan Refractor ACCESSORIES: External Shield 35-962490-36 DIMENsiONS:~ · Area Is 1.2 SCl. ft. max. PHOTOMETRIC DATA: UTILIZATION CURVE }ical Photometrics [Pe~r~ 1000 lumens)~ ~:~ =; CarVe No. 35-175e~6 ANSI/lES Type M-N-III ~-!=~ ' watt Lucalox 30' MH T O MOUNTING HEI( ILLU M I NATION ANSI LAMP DESIGNATION 400 Mercury (Clear) 400 Mercury (Deluxe) 250 Lucalox 400 Lucalox H33CO-400 H33G L-400DX S50 S51 Clear Merc~ Clear Mercur Phosphor _Phosphor Me-rcur (400 or 250 (40(] GENERAL ELECTRIC COMPANY Lighting Systems Business Department, Hendersonville, N. C. 9/75 (3OM) NERA 3-3-81 CITY OF MOUND Mound, Minnesota February 2611 INFORMATION MEMORANDUM NO. 81-39 SUBJECT: Selection of City Manager 1981 As of Thursday, 61 applications for the Manager's position have been rece i ved. Although acceptance of applicationsi¢lose March 15th, preliminary screening can begin at any time prior to the close. CITY OF MOUND Mound~ Minnesota February 26, 1981 INFORMATION MEMORANDUM NO. 81-40 SUBJECT: Tax Forfeit Land Attached is a copy of a resolution under consideration by the County Board. The City Manager was on the Committee that recommended the resolution to the County. If there are other items that should be considered, they should be brought to the County's attention. RESOLUTION NO. The following resolution was offered by WHEREAS, numerous requests have been received for sale or conveyance of tax forfeited land to municipalities and other governmental subdivisions of the State, and WHEREAS, no established written policy exists on this matter, BE IT RESOLVED, that it is the general policy of the Hennepin County Board to encourage the return of tax forfeited lands within the county to private ownership and the tax rolls, provided that.governmental subdivisions are not discouraged from acquiring lands to be used for conservation, recreation or other purposes as detailed in this resolution BE IT FURTHER RESOLVED, that tax forfeited land will be conveyed to governmental subdivisions without monetary consideration if: 1. The land is to be used for parks, wetlands, flood control, trailways, open space, streets, roads, rights of way and public access, or 2. The land is valued at the receipt of application at $1,000 or less'per parcel at current values, or an equivalent value as indexed at ten percent per annum hereafter, regardless of public use or purpose, and · BE IT FURTHER RESOLVED, that except as 'otherwise provided in this resolution, tax forfeited land will not be conveyed to governmental subdivisions unless the current appraised value is paid, and BE IT FURTHER RESOLVED, that an application shall be required to request a conveyance Without payment, or a sale, and the application shall be accompanied by a resolution of the governing body specifying the public purpose or intended public use for which the tax forfeited land is being acquired. An application will not be considered unless received at least ten days prior to the first publication of the notice of public sale of the subject property, and BE IT FURTHER RESOLVED, that the acquisition of tax forfeited land by a governmental su'bdi~ision (except Housing and Redevelopment Authorities and other governmental subdivisions of the state expressly authorized by law to resell, lease or transfer property) for resale shall not be approved by the Board. Resolution No. (continued) BE IT FURTHER RESOLVED, that the purchase price be paid over a three- year period CO:llencing on date o~ sale if the governmental subdivision has budget or levy limitations that do not permit cash purchase. Interest shall be payable at the rate prescribed by law for sales to the public of similar property, and BE IT FURTHER RESOLVED, that municipalities are urged to judiciously exercise their legitimate rights of disapproval of sale and classification of tax forfeited land in the context of this resolution, and BE IT FURTHER RESOLVED, that pursuant to authority of Minnesota Statutes, Section 282.03 this Board will impose reasonable conditions on sales to the public to limit the use of the parcels sold and to limit amount of public expenditures that may be made for the benefit of the parcels when such action will encourage municipal approval of sale, and BE IT FURTHER RESOLVED, that the Board supports legislation that would permit county auditors and land conmlissioners to sell certain unique tax forfeited land by means other than public auction to avoid abuses that have occurred in the past, and BE IT FURTHER RESOLVED, that an application to repurchase shall be given preference by the County Board over a pending application for transfer or for private sale filed by a municipality for the same property, and BE IT FURTHER RESOLVED, that on a showing of unusual circumstances and hardShip the Board of Commissioners may, by specific resolution, approve a variance to these provisions. The question was on the adoption of the resolution and there t,iere YEAS and NAYS, as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Jeff Spartz Randall E. Johnson Richard E. Kremer E. F. Robb,'Jr. Sam S. Sivanich' Nancy Olkon John E. Derus, Chaiman ATTEST Deputy County Auditor Date Feb. 25~ 1981 WE~TC')NI(A COMMUNITY SERVICES 5600 Lynwood Blvd. Mound, MN 55364 472-1099 To-- Mayor of Mound and the City Council gegarding: Resignation from the IMCD Message: Effective 2/25/81, I submit my resignation to the City Council of Mound from the position of Council Representative on the LMCD. The resignation from this post is contingent upon the position being given to Mr. Orville Fenstad as in- dicated in a motion on 2/24/81 at a legally convened meeting of the Mound City Council. Mr. Fenstad's experience on this body in the past will serve the city with high quality representation. I thank the Council for recognizing the conflict of my other duties which reduced my ability to participate. ..4_ Signe ALBERT H. QUIE GOVERNOR Till,; February 1981 Dear Friend: Local government officials in Minnesota have been doing a tremendous job in meeting the needs of our State residents at the local level. But, as you know, sometimes running local government can be difficult because your budget is a combination of federal, state and local funds. On the average our latest figures show city, township and county governments receive 11.7 percent of their funds from the federal government, 36.9 percent from the State, 28.2 percent from local property taxes and 23.2 percent from other local funding, such as fees. Because of the significant portion of your budget that comes from the State you may be interested in knowing how my 1981-83 Budget Message to the Minnesota Legislature will affect local government. First of all, you should know that I was able to reduce expenditures for State agencies while maintaining funding for local governments to keep down local property taxes. CONTROLLING STATE SPENDING In the current year, when we exclude the expenditures for education, health, welfare and corrections, the remaining total general fund budget for the rest of the State agencies is $312 million. When we exclude the legislative, judicial and constitutional officers, the budget of the remaining State agencies in the current year is $254 million or 6.7 percent of the total general fund. I am recommending that those budgets be reduced by $25.7 million or by more than 10 percent in fiscal year 1982 and recommend they be allowed to grow by less than 2½ percent in fiscal year 1983. These reductions are after adjustments for inflation. CONTROLLING STATE EMPLOYMENT A major element in my effort to reduce the cost of State government is a substantial reduction in the number of positions on the State payroll. The reductions I am recommending are not the result of an arbitrary, across-the-board cut in payroll. They are based on careful review of minimal budget plans prepared by each State agency head and will be implemented in a manner which minimizes impact on State employees and the recipients of State services. Wherever possible, the reductions will be made through attrition. AN EQUAL OPPORTUNITY EMPLOYER -2- STATE AID TO LOCAL GOYERNMENT$ You will also be interested in knowing that I am recommending tax relief and aid to local governments of $2.37 billion for the next biennium. This biennium estimated aid to local governments is just over $2.1 billion. In addition, my budget recommendations include $1.095 billion in total aid to local units for social services, which is an increase of nearly $200 million over the 1980-81 biennium social service aid of $905 million. Aid to local government will increase over $59 million in the next biennium from $482 million in the 1979-81 biennium to $541 million in the 1981-83 biennium. (For specific aid amounts you may want to refer to the enclosed charts and tables compiled by the Minnesota Department of Finance.) To provide a balanced budget I have proposed legislative changes to several of the current payment schedules for State aids. The March 15, 1981 payment would be made as scheduled. The balance for calendar year 1981 would be paid in six equal install- ments, July through December. Beginning in 1982 the full amount due in any calendar year would be paid in six equal installments July through December. This continued level of State aid to local units of government should enable you to continue your services while still holding the line on property taxes. WELFARE Welfare received an 18.5 percent increase in medical assistance over the appropriated level for the current biennium in my budget recommendations. This increase is con- sistent with the general 18.5 percent increase in the general budget and the welfare dollars are divided in the following manner: --An increase of lO.1 percent in fiscal year 1982 for income maintenance programs and a 7.4 percent increase for fiscal year 1983. --An increase of 8 percent in fiscal year 1982 for medical assistance payments and continued funding of medical assistance programs at fiscal year 1982 level in fiscal year 1983. I have also proposed: --Legislation be adopted to amend existing law governing eligibility and entitlement. This will have the effect of reducing the costs for counties as well as for State government. --Creation of a task force representing taxpayers, the Legislature, counties, providers of health care services, recipients, federal agencies and other State agencies to conduct a thorough study of existing programs and prepare a set of recommendations for submission to the 1982 Legislature. The task force will explore alternatives to the existing means of providing health services within my budget. --On top of that I have provided $10 million for the Legislative Advisory Commission (LAC), should General Assistance Medical Care costs exceed the allocated amount. -3- I hope that you as a local official would consider the same types o~ cost containment measures as I have proposed on the State level as you review the budget needs of your county, town or city. With all of us working together to hold down government spending and taxes, I believe we will offer Minnesotans responsible government at all levels. If, as you review the enclosed materials, you have questions, please contact my office. YOUR SI'ATE TAX DOLLAR GENERAL FUND EIPENDITURES SCNOOL A~DS..~*~--"--'~I~~ GOVERNOR'S RECOMMENDATIONS PROPERTY TAX RELIEF ANO AIDS 10 LOCAL GOVERNMENTS (~N M~LLm~S) SCHOOL AID~. 2.817.3 DIRECT STATE SERVICES YOUR STATE TAX DOLLAR SOURCES OF GENERAL FUND REVENUES  198b 83 _~IENNIUM LIQUOR AND TOBACCO TAXES COME IOIRL RESOURCES BALANCE FORWARD 6 30 BI ESTIMATED PRIOR YEAR ADJUSTMENTS REVENUES INDIVIDUAL INCOME TOTAL REVENUES TOTAL AVAILABLE RESOURCES 3.9B7 3 722,5 305. ( IN 19.7 25.0 8,397.4 STATE OF THE REGION 1981 THE CONDITION ~Ii~THE TWIN CITY AREA'S HEALTH SYSTEM' ~ WHAT'S THE DIAGNOSIS? You are cordially invited to attend the Metropolitan Council's sixth annual event, which will focus on health issues. Wednesday, March 18, 1981 8:30 a.m. to 1:30 p.m. Radisson St. Paul Hotel 11 E. Kellogg Blvd., St. Paul 8:30 a.m. 9:00 a.m. 9:30 a.m. 10:15 a.m. 10:30 a.m. 12:30 p.m. Cost: PROGRAM Registration and Coffee Welcome and Opening Remarks by Charles R. Weaver, Chairman, Metropolitan Council Keynote Address, "The Health Care System: Present Conditions and Future Trends" by Willis Goldbeck, executive director of Washington Business Group on Health and a recognized authority on the national health care system Coffee Panel Discussion, "Local Health Conditions and Future Outlooks from Five Perspectives" Moderator, Charles Weaver : .~ ,~ .... - David Graven, former Metropolitan Council member and recent chairman of the Citizens League committee that developed the League's "Issues of the '80s" report John Harris, chairman of the West Metro Hospital Trustees Council Don Henyan, senior vice president, Northwestern National Life Insurance Co., and recent chairman of the Metropolitan Health Board's business steering committee Tobey Lapakko, Minnesota AFL-CIO, labor representative on severallocal groups studying health care costs Barbara O'Grady, chair of the Metropolitan Health Board Luncheon Presentation of National Geographic multi-projector slide show of the Twin Cities Area ' · Closing remarks by Charles Weaver $7.50 a person. RSVP to the Council by March 13 by calling 291-6464.. "._ ;-~ Pay during registration. Make checks payable to "State of the Region." - A.THOMA$ WURST GERALD T. CARROLL CURTIS A. PEARSON THOMAS F. UNDERWOOD ALBERT FAULCONER T~ JAMES D. LARSON JOHN W. WOOD, JR. LAW OFFICES WURST, CARROLL & PEARSON MINNEAPOLIS, MINNESOTA 55402 ! February 17, 1981 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 TELEPHONE ( 612~1338-8911 Re: Voorhees vs. Mound Dear Len: I enclose herewith a copy of a 1981) concerning a proposed sett] tter received today (February 17, iiement. It appears to me that Mr. Schmidt and Mr. Voorhees have raised numerous questions regarding the City and its responsibilities'. I want a copy in your hands so that we can discuss this and I can get back to Mr. Schmidt immediately. It looks to me as if there are a number of things where we can not acquiesce. Very truly yours,? · Pearson City Attorney CAP:ms Enclosure cc: Mr. Lyle Swanson LI QU IST & VEN N 4200 IDS (::::ENTER 80 SOUTH 8TM STRE::E:T MINNEAPOLIS, MINN~-SOTA 5540~ TELEPHONE: 161~) 371-3AII TELEX 29 0044 CABLE ADDRESS: LINLAW WAYZATA OFFICE: 740 EAST LAKE STREET WAYZATA, MINNESOTA 55391 February 12, 1981 Mr. Curtis Austin 730 N.F.C. 7900 Xerxes Avenue South Bloomington, .MN 55431 Mr. Curtis Pearson 1100 First National Bank Building Minneapolis, MN 55402 Mr. Ronald Gehring 3215 Charles Lane Mound, MU 55364 Mr. Thom Okoneski The Sussel Company 1850 Como Avenue St. Paul, MN 55108 Re: Clinton Voorhees Dear Gentlemen: Clint Voorhees has advised me that he has reached a tentative agreement with Ron Gehrinq in settlement of the various disputes between parties. The purpose of this letter is to put Clint's understandinq of the nature of this settlement in writing so that each of ....... you will be aware of.-the, settlement.~and may have a: ~hancelto respond before it.is finalized. As I under~ ~tand"{h~ terms, they are basically as follows. Ron Gehring will agree to pay Clint Voorhees all attorneys' fees that Clint is obligated to pay to Mr. Koenio and to our law office in connection with representing him in his efforts to straighten out this matter. I believe Mr. Koenig's bill is approximately $500, and our bill will run, I estimate, about $750. Mr. Gehring will also pay all interest charged by Sussel on monies heretofore advanced by Sussel for the purchase of the lot and on any other monies advanced. Finally, Mr. Gehring will agree that the cost of excavation at the site LI':iqDQUIST & VEN M February 12, 1981 Page Two for the home will be borne by both Mr. Gehring and Mr. Voorhees, the precise percentages and amounts to be the subject of further ~2,~,. ~ negotiation prior to finalization of this settlement. M~.~'~'~"WiI1 a~ree 'to"giVe' the full easement to the. Hille'rs a~~~-wzlI~likew~se, agree to give an easement over, ,~.~ tentatively aqreed to~t the meeting held at our office some C~'LzS_~o_~ 9~ve~, the approval .by the C~ty of h~s bu~ld~ng.~ p~zDt~ whi~~understan~_.~t are_going to .be presented..to the Cztv today. The:; settle~nt ~s contingent upon the. C~ty s ~::reIease th~,~reviously restricted building permit/which Cl~nt~ h~"a~'~ pald:'for.,~ No further expenses are.to be charged by ~~~ ,~~~c°~t~°n w~th thls building permlt release~ We would also request that, while Clint will pay the hook-up charge from the sewer to the home, the City will re'~'~'7"%he" ~treetrwhich'is to~n up as a result of the necessity %o hook up %~t~%~'wer Sgst~'~ at the 'city's expense,' and will finish the , /( ~ / ;t at area t at wa, not com *ete w .n acce**,,wa,: t~'hi;~ n~t'~hbbr,So'as' to give CZint access to his ~roper. tY'X;; ~"" Flnall~*~--*s~Cllnt s intention to bring a travel trailer on: '- "'~ ................. ' ' " '' ' wi r '~o the";~r*~ises~so.that he may 1,ye ~n th,s tra,ler h le he ', ,,,~ , -, z~,conEruc~,ng.:the home. ~f c,ty ap~rova~.,s necessary, for..th~s,,o,,~ w~~~SQL, re~uest;thatjthls be granted as a contingency, for-; tbe~fi~ settle~'~ ~ ...................... , The foregoing is a rough recitation of items which my client ~u .~, presented to me by telephone a couple of days ago. I would re- quest that Clint review" this letter and let me know if it does not contain all of the items and te~s of the tentative agreement which is reached with Mr. Gehring. I will be out of the office from February 6 throuqh February 15, but would appreciate hearing from any of you if these terms are in any way unacceptable. If you are all agreeable to this L'iNDOUIST & VEN M February 12, 1981 Page Three proposal, please let me know at your convenience, and I will draft a stipulation setting forth these terms so that the matter may be finally resolved. By the way, I would assume that Mr. Austin has or can receive the written approval of his various parties and heirs to the Hiller estate, and that Mr. Pearson can reschedule~the vacation;~J hearin~which was~cancelled a couple of weeks ago. So°that~all~ conclusion ma,~-t~~¥~b~- b~6~ght' to a within ashort~time--~- Yours very truly, LINDQUIST & VENNUM c..-' t.:' // J~f~;y 7. Schmiat JRS/ms cc Clint Voorhees ,s-/? GERALD T. CARROLL CURTIS A. PEARSON ALBERT FAULCON ER JAMES D. LAR$ON JOHN W. WOOD, JR. WURST, CARROLL & PEARSONt m\ MINNEAPOLIS, MINNESOTA 55402 TELEPHONE Febraury 20, 1981 Mr. Jeffrey R. Schmidt Attorney at Law 4200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Re: Voorhees - Hiller - City of Mound Dear Mr. Schmidt: On February 17, 1981, I received your letter dated February 12, 1981. I have transmitted this to the City Manager and to the City Engineer for advice and comment concerning the questions raised in your letter. I did at this time want to write you and indicate that the settlement as you have stated in your letter should not be considered to be acceptable to the City of Mound and that until we have had a chance to review your proposal, you should not proceed on the assumption that we are in agreement. We will review your proposal and try to react with the position of the Mound staff. Secondly, I am in confusi o n concerning your indications that Mr. Gehring is going to give easements to the Hillers since I was under the assumption that Mr. Gehring had sold the property to Mr. Voorhees. The City will not be giving easements to the Voorhees or Hillers to use Windsor Place. To the best of my knowledge, these are publicly deeded easements which the City cannot justify improving because the costs would have to be assessed back against benefitted properties, and this does not appear economically feasible. Therefore, the City will not be granting any easements but probably can approve a permit to fill on the public easement and to work within the public easement. This is all we agreed to at the time of the meeting' in your office. I am not in a position to comment on the building plans as they will have to meet the city and state codes. Assuming this is done, the building inspector would, of course, be in a position to issue or release the permit. If Mr. Voorhees has paid for this permit, we can proceed without any further charges for the permit. I am not in a position at this time to indicate that there are no other city charges, and I am asking the city staff to review that point. WURST. CARROLL & PEARSON Page 2 Mr. Jeffrey R. Schmidt February 20, 1981 J I am asking the city engineer and the city staff to review your sewer hook-up problem to inform you how this can be done with a minimum of damage. I am assuming here that if we have constructed the sewer in such a fashion that we have to break into the new street to make new connections, the city will seriously consider improving the street without any charges to your client. I want to caution you that there has been no agreement nor do I anticipate one which will result in the city extending this street any further in front of the Voorhees property. Any such extension will undoubtedly result in special assessments against Voorhees - Gehring or whoever else owns that property. I have reviewed the Mound ordinance and find nothing which would allow us to give you permission to put a travel trailer on the premises during construction. Any such type of approval would have to be requested under a special permit or a variance, reviewed by the planning co~m~ission, and approved by the council, and undoubtedly would carry specific conditions, if approved, which would limit the time and other factors. I further call to your attention that this was never discussed at our prior meeting and this comes as a complete surprise to me. I do not understand if Gehring is going to own the property why Voorhees will have a travel trailer on the land unless he were constructing a home, and then I presume he would be the fee owner. In any event, this question along with the others are currently under review, and we ask that you not proceed on the assumption that all of these items will be approved. CAP:Ih cc: Mr. Ronald Gehring Mr. Curtis Austin Mr. Lyle Swanson Mr. Len Kopp Very truly yours,~ UUrtis A. Pearson, City Attorney City of Mound MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL January 28, 1981 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Paurus at 8:03 p.m. on Wednesday, January 28, 1981 at the Tonka Bay Village Hall. Paurus welcomed the return of Alan Fasching as Board member from Minnetrista, and read a letter of resignation from Robert Naegele, Shorewood. CALL TO ORDER Members present: Richard Garwood (Deephaven), Jerry Johnson (Excelsior), Robert Brown (Greenwood), David Nixon (Laketown Township), Robert Pillsbury (Minnetonka), David Boies (Minnetonka Beach), Alan Fasching (Minnetrista), Norman ?aurus (Orono), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg (Victoria), and Robert Slocum (Woodland). Communities represented: Twelve (12). ATTENDANCE Hunt Moved, Bauman Seconded that the minutes of the December 10, 1980 meeting be approved. Motion, Ayes (12), Nays (0). Hunt Moved, Johnson Seconded that the Treasurer's Report be approved and the bills paid. Motion, Ayes (12), Nays (0). MINUTES TREASURER'S REPORT WATER STRUCTURES & ENVIRONMENT COMMITTEE: Brown reported that the committee reviewed the public hearing reports for Walden and recommended approval with the following stipulations: (1) the installation be for 6 boats, (2) the District back-license the facility to 1977, and (3) that the structure be designed so that no variance is req6ired. Brown so Moved, Pillsbury Seconded. Hart Kuller, attorney for Walden Tract Xowners, requested that not 6, but 8 or 9 boats be allowed (with 8 boats, 2 larger-sized boats could be utilized; with 9 boats, 3 smaller boats could be utilized); the numbers of boats stored has always been 8 or 9; that they would have applied for a license had they known the LMCD existed and/or required one; the LMCD'is dealing with a large amount of property values; and Kuller requested a variance from the 1-boat- per-50' density requirement. John Bifone, a Walden owner, said the hardship created by the allowance of 6 boats is financial; Jean Stiegemeier, an owner, said that allowing only 6 boats would create an internal hardship within the group in assigning the dock space. Ron Zamansky, attorney for abutting property owner Brooks, said he would expect an "as-built" and that any variance would encroach upon Brooks. It was confirmed that Walden property owners had not submitted applications for 1977 and 1978 (to accommodate the back-licensing), nor had an acceptable site plan been submitted; Chairman Paurus pointed out that with a history of 8 or 9 boats, the dock use area has always been overused; Johnson felt that the impact really is not great on the encroachment. Brown withdrew his Motion, Pillsbury his Second. Brown Moved, Pillsbury Seconded that in view of the above, the Walden variance application and the dock license application before the Board be denied. Motion, Ayes (7), Nays (4), Abstains (1), Boies, Hunt, Johnson and Soderberg voting Nay; Fasching abstaining. WALDEN LICENSE & VARIANCE LMCD Board Minutes January 28, 1981 Page 2 Brown reported that the committee reviewed the public hearing report for the Excelsior Bay Associates covering the old Pivec property (and combining with the Lake Place licensed facility), and recommended approval with the following stipulations: (1) there be LMCD legal review of the corporate authority under the LMCD Code, (2) the dock structure be redesigned to dis- courage outside boat parking, and (3) that dock construction may not begin until completion of the framing and roof of the Excelsior Bay Gables condominium. L~CD attorney LeFeve~e.reported that this facility is a marina under LMCD Code. Kitchak presented a new site plan but where tiespaces could still be easily utilized, thereby creating unlicensed watercraft availability units. Kitchak reported that the Associates would be reluctant to cut the posts to the dock level, but the area could be signed to discourage parking on the outside of the dock;.however, he wouldn't guarantee that anyone would not park in the controversial area. Nixon Moved, Boles Seconded to approve the 1981 dock license application at the Excelsior Bay Gables condominium (combining the former Pivec and Lake Place facilities) for 26 slips as presented by Kitchak with the following stipulations: (1) to discourage parking along the outside of the pier struc- ture, the posts be cut to dock level and the area be signed for "No Parking," and (2) that dock construction may not be started until completion of the framing and the roof of the Excelsior Bay Gables condominium. Motion, Ayes (11), Nays (1), Paurus voting Nay. EXCELSIOR BAY GABLES DOCK LICENSE 1981 Brown reported~that the committee reviewed the public hearing reports for Howards Point Marina and made a recommendation. Brown Moved, Garwood Seconded that the 1981 dock license application and variance request be tabled for further consideration of possible alternatives to the Howards Point Marina variance requests, and until any remaining ques- tions are resolved with the City of Shorewood. Motion, Ayes (12), Nays (0). HOWARDS PT. MARINA LICENSE & VARIANCE Brown reported that the committee reviewed the public hearing report concern- ing additional dockage for the Mai Tai restaurant, and made recommendations. Nixon Moved, Johnson Seconded that the 1980 amended and 1981 new dock license MAI TAI application for Mai Tai for an additional ten transient slips provided by 1980 & 1981 and for the use of the Mai Tai exclusively, be approved. Motion, Ayes (11), DOCK Nays (0), Abstains (1), Brown abstaining. LICENSE Brown Moved, Bauman Seconded that the following deicing permit applications be approved subject to (1) that no permit be issued until the installation passes inspection, (2) that the reflectorized sign notice be included with the permit, (3) that each permit stipulate that all deicing must be contained within the dock use area, and (4) that ten-day notices be given to abutting neighbors: Big Island Veterans Camp Grays Bay Resort '& Marina Virginia & ReidMacDonald (Mrs. A.'R. Vandever) North Shore Drive Marina Steven & Donna Orr Sailors World W. Grady Sieff G. E. Sprenkle R. C. Welch DEICING PERMITS Motion, Ayes (12), Nays (0). '~J3 LMCD Board Minutes January 28, 1981 Page 3 Brown Moved, Boies Seconded that the 1980 dock license application of Frank Warner (for Warner, Yerk and Warner) for 6 boats be removed from the table and be approved. Motion, Ayes (12), Nays (0). Johnson Moved, Boles Seconded that the following 1981 District Mooring Area permit applications be approved: City of Deephaven, City of Excelsior, Lord Fletcher Apartments, Minnetonka Yacht Club, Sailors World, and Wayzata Yacht Club. Motion, Ayes (12), Nays (0). Brown reported that eight dock license applications (Bay Point Apartment Homes, City of Deephaven, Hary T. Kreslins, Lakeview Restaurant, Martin & Son, Sailors World, Shorewood Yacht Club and Windward Marine) would require public hearings. The committee also.~approved a public.hearing for a variance requested by Homer O. Norris, but acknowledged that a variance proceeding for William F. Lovkvist.for a dock on 3'-or less of frontage on Priests Bay (where there is adequate frontage on'the same lot on Halsteds Bay) would be fruitless. The committee continued discussion of the need for a limitation on the four- boat residential allotment. A special committee meeting for review of the DMA policy and private club re- classification issues was set for Saturday, February 7 at 7:30 a.m., Harts Cafe (later changed to Park Bench Eatery). Brown Moved, Pillsbury'Seconded~that the committee report be accepted. Motion, Ayes (12), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed an ap- plication by AdvanceMachine Company for a lighted public skating rink on Spring Park Bay near Water Patrol Headquarters. The company has in the past provided an Olympic training rink on the Harrisons Bay side; however, because of its location it has had little use. They intend to provide a warming house on shore and lighting for evening skating.~ The committee recommended approval with stipulations. Pillsbury Moved, Bauman Seconded that the special event permit application for Advance Machine's skating rink on Spring Park Bay be approved with the following stipulations: (1) that lighting be directed downward, (2) that the location of the rink be agreeable~with other.agencies, and (3) that the pro- ject be supervised by the Water Patrol. Moticn, Ayes (12), Nays (0). The committee reviewed a redraft of the model tree'cutting ordinance which incorporated the recommendations of the Watershed District (clarifying areas of jurisdiction, and making specific references.to riprapping, retaining walls, emergent vegetation, and sea walls), and recommended Board approval after legal review. The draft on Quiet Waters policy was accepted by the committee and modified for further study and review; the Quiet Waters buoy placement criteria was also accepted for further study and review. WARNER 1980 DOCK LICENSE DMA PERMITS PUBLIC HEARINGS 4/LOT DMA, CLUB REVIEWS ADVANCE MACHINE SP. EVENT PERMIT TREE ORDINANCE Q,W. POLICIES LMCD Board Minutes January 28, 1981 Page 4 The Water Patrol reviewed with the committee the noise control programs in several areas of the country, indicating that a New Jersey law provides for the establishment of a noise testing station by the enforcement agency whereby suspected violators could be ordered through a 100-yard test course; this course allows a maximum noise limitation of 86 decibels at 50 feet. _ The committee accepted the proposal for further legal review and study. Pillsbury reported that in view of the prospects for the noise testing station (above), the committee will continue to develop an addition to the current LMCD access signs advising the public that a noise abatement program is in effect on Lake Minnetonka. Since Dunwoody has no voluntary training program that would assist the LMCD in providing a suitable measured mile to test machines, the Power Squadron has been approached'to see if it would help to chart such a course on the Lake. The committee reviewed the county's general request for approval of its 1981 maintenance program for the. Lake and recommended approval to the Board. Johnson Moved, Soderberg Seconded that the 1981 county Lake maintenance program be approved as requested as follows: General maintenance: a. Place, maintain, and remove buoys and signs. b. Maintain public accesses. c. Place and maintain trash containers. d. Place and maintain temporary toilet facilities. e. Take care of emergency problems such as removing floating bogs, removing trees under county jurisdiciton, correcting problems relating to blocked channels, and conducting minor channel repair that must be completed on an immediate basis. In addition Hennepin County will be starting and completing projects approved by the District in 1980, which are: a. Dredge Libbs Lake Channel b. Riprap Tanager Lake Channel c. Riprap Seton Lake Channel and will start new projects, which are: a. Riprap St. Albans Bay Channel b. Riprap Spring Park Public Access c. Riprap Hendrickson Public Access d. Riprap Coffee Channel. Motion, Ayes (12), Nays (0). NOISE TESTING STATION NOISE REGS TO SIGNS MEASURED MILE COUNTY 1981 MAINTENANCE PROGRAM LMCD Board Minutes January 28, 1981 Page 5 In addition to the noise testing program, the Water Patrol reported to the committee that actual vandalism on the ice was not as high as was reported in the news media: (1) the number of break-throughs reported to date (1-12-81) included 10 break-throughs on Minnetonka and 16 in the county as a whole; and (2) that vandalism of fish houses on the Lake to date included five fires and 20 property damage incidents, plus several break-ins-with-theft reported. The Water Patrol received a letter of com- mendation from the Coast Guard for its program on Lake Minnetonka. Pillsbury reported other committee business as follows: there will be a public hearing for Quiet Water requests on February 4 at 7:30 p.m. at the Spring Park City Hall; the "101 Project" study is being put together - it is anticipated that the preliminary draft of the report will be available for review with the District shortly after March 1; a Boy Scout is inter- ested in organizing a Lake shore spring cleanup this year for the Deephaven area; the District has received a communication from the Folsoms relative to Quiet Waters on St. Albans Bay; the consultants' study of Lake Minne- tonka for the Coast Guard is proceeding on schedule, and a preliminary draft should be available to the District shortly; the annual fish house cleanup notice program is continuing this year; DNlt fish house count is higher this year (1,380); carp seining will be difficult because of clear ice (lack of snow covering); and DNR rule~changes with LMCD legal opinion were distributed; Johnson reported that Haskels in Excelsior intends to hire boys to clean up the ice in its area of Excelsior Bay. Pillsbury Moved, Bauman Seconded that the committee report be accepted. Motion, Ayes (12), Nays (0). CODE AMENDMENTS: The second reading of the Code amendment regarding the removal of vehicles in the winter was given and modified. Hunt Moved, Johnson Seconded that the second reading as modified be accepted of the Code amendment dealing with winter vehicle removal. Motion, Ayes (12), Nays (0). The Code amendment regarding a noise testing station on the Lake was dis- cussed and modified. Paurus Moved, Garwood Seconded that the second reading of the proposed Code amendment regarding a noise testing station be tabled until the next meeting. Motion, Ayes (12), Nays (0). Johnson Moved, Bauman Seconded that all antique boats be exempt from noise restrictions on the Lake. Motion, Ayes (1), Nays (11), Johnson voting Aye. The second reading of the Code amendment regarding clarification of com- mercial dock use areas was given. Pillsbury Moved, Johnson Seconded that the second reading of the proposed Code amendment regarding clarification of commercial dock use areas be accepted. Motion, Ayes (12), Nays (0). WoPo REPORT: VANDALISM OTHER LAKE USE MATTERS PROPOSED CODE AMENDMENTS: VEHICLE REMOVAL, NOISE TESTING STATION ANTIQUES EXEMPT, COMMERCIAL DUA LMCD Board Minutes January 28, 1981 Page 6 Brown Moved to waive the third reading of the proposed Code amendment on clarification of commercial dock use areas; Motion died for lack of Second. OTHER BUSINESS: Alan Fasching was appointed an alternate for the Upper Watershed Improvement Project Advisory Committee. Johnson Moved, Bauman Seconded that a combined interest-plus-checking account be approved for the LMCD. Motion, Ayes (12), Nays (0). The Board was reminded of the LMCD annual dinner and 1981 Save the Lake Campaign kick-off to be held 6:30 p.m. at Lord Fletchers of the Lake on Thursday, February 12, 1981 as the Lake Lover Ball. Boies reported that a Save the Lake fund-raising footrace from the Wayzata Bank and Trust Company to the Excelsior Bank was being considered for a weekend around Memorial Day (May 30). The Wayzata Bank would advertise, collect the fees, etc., and donate the $5 entry fees to the Save the Lake Fund from the proposed ½ marathon (13 mile) race from an estimated partici- pation of 1,500 to 3,000 runners. Brown Moved, Pillsbury Seconded that in view of the amount of debris and litter on the ice in the past, the following special event permit applica- tions: 1. Roy's Live Bait for an ice fishing contest on Excelsior Bay Saturday, February 7, 1981, and 2. Wayzata Fire Department for an ice fishing contest on Wayzata Bay Sunday, February 15, 1981 be approved withthe following stipulations: a. that an inspection by the LMCD be made before and immediately after cleanup of each event, and b. that if cleanup isn't effective or adequate, a cleanup bond may be required next year. Motion, Ayes (12), Nays (0). ADJOURNMENT: Hunt Moved, Bauman Seconded at 10:25 p.m. that the meeting be adjourned. Motion, Ayes (12), Nays (0). UPPER COMMITTEE COMBINED ACCOUNTS ANNUAL DINNER FOOTRACE FOR SL SPECIAL EVENT PERMITS: ROY'S BAIT WAYZATA F.D. ADJOURNED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman