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82-01-12
CITY 0f HOUND Bound, Minnesota HOUND CITY COUNCIL January 12, 1982 City Hall 7:30 P.M. 1. Minutes of January 5, 1982 Meeting 2. Due Process Public Hearing Revocation of Various City Licenses - Mound Lanes 3. Continutation of Discussion on Special Use Permit - Arcade - Tom Watson 4. Tax Forfeited Land Classifications List 661 NC - City Manager 5. Comments & Suggestions from Citizens Present (please limit to 3 minutes) 6. Application-for a Street Right-of-way Vacation (20 foot wide portion of Lots 20, 21, 22, and 23, Block 26, Wychwood) 7. Highland Park - Park Plan and Design - Mrs. Maas and Mrs. Pauly 8. Resolution Certifying Assessment to County Auditor for Removal of a Hazardous Dwelling on Lot 9, Block 24, Shadywood Point 9. Orv Fensted, City Representative on the L.M.C.D. - Meeting with City Council per Council Request Concerning City's Involvement with the L.M.C.D. 10. Knights of Columbus Proclamation 11. Minnegasco Franchise Proposal 12. Potential Gift of Lots 13A and 13B, Brookton Addition to City of Mound from Donald Sears 13. Payment of Bills (To be handed out at meeting) 14. Approve Revised Budget Figures 15. Information/Miscellaneous Pg. 51-59 Pg. 60-64 Pg. 65-66 Pg. 67-71 Pg. 72-7~ Pg. ~jJ Pg. 77-79 Pg. 80 Pg. 81-82 Pg. 83-87 Pg. 88-91 Pg. 92-121 Page 50 REGULAR MEETING OF THE CITY COUNCIL 1 January 5, 1982 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on January 5, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Gordon Swenson and Donald Ulrick. Also present were City Manager, Jon Elam; City Attorney, Curt Pearson; Water Superintendent, Greg Skinner; George Boyer of Hickok & Associates; City Clerk, Fran Clark; and the following interested citizens: Mr. & Mrs. Patrick Sheehan, Mrs. Gladys Watson, Randy Bickmann, Sara Miller, Peter Ward, Vern Marsh, Steve Brown, Beth Brown, Elizabeth Jensen, Gary Paulsen, Jayne Paasch, Eva VanDerSteeg, Patty Straub, Lorraine Jackson, Ruby Steckel, John Hedberg, Gerald Smith, Margaret Hanson, Mike Morrison, Pika Morrison, Mary Campbell, Ed Fithyan, Mrs. John Morrison. Councilmember Polston was absent and excused. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the December 29, 1981, Special Council Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of December 29, 1981, Special Council Meeting as submitted. The vote was unanimously in favor. Motion carried. CONTINUATION OF PUBLIC HEARING - PARKING LOT IMPROVEMENT The Mayor explained the parking lot improvement proposal and that the public hearing is continued from November 24, 1981. The City Manager explained that since the November 24, 1981, public hearing an abbreviated plan for the lot was presented. This plan would not include the Bickmann property and could be done for about ½ the cost, but it would only provide about 6 extra parking spaces and would only leave a ]4' alley way for traffic. The only problem with this plan is that it would be on private property that the City does not have easements or leases for and therefore unless these easements or leases are obtained the City cannot do any improving. The Mayor opened the public hearing and asked for any comments from the people present. Peter Ward (owner of the Tom Thumb) - spoke for himself and on behalf of Mike Mueller of Mueller's Pharmacy, who could not attend this evening. He stated that he and Mr. Mueller are all for the improvement because this would give the laundry between their two stores more parking. It would also even out and pave the area the Tom Thumb uses for deliveries. Ward stated that he was under the impression that an easement for the property had been given to the City. He stated that all the merchants in this center have paid for the other lots in town and now it is their turn to get their lot improved. Mrs. Morrison (owner of the laundry and the property behind the Tom Thumb where the proposed six new parking spaces would be) stated that she felt the area should be kept as a back alley and not be considered a street. She felt that maybe this entire improvement 2 January 6, 1982 should be a private project. She wasn't sure if she wanted The ~ayor aske~t° iVeabouttheaCi~Y5_ s~oewalk~0 easemepttnatt~istheon pFopert¥.the engineer°s plan for the area abutting the center in the rear and stated he felt this was an essential item. Pete Ward explained that the merchants did not want a 5' sidewalk in the rear because they use the area for pick-ups and deliveries and the sidewalk would just be wasted. At present all the dumpsters sit on the area where the sidewalk would be put. Mike Morrison, who has a rug service, stated that he needs to pull up close to.his back door in order to load the rugs and a sidewalk is not what he wants. The Council came to the following conclusions about this improvement: 1. This improvement should probably be a private project because there are no leases on this lot like others in the C.B.D so the City should not be maintaining this lot and cannot make any improvements until easements are given. 2. An easement would have to be obtained or condemnation of the Bickmann property before there could be any improvement of the area behind the Tonka Building which would yield the lot the most additional parking spaces and an adequate width of access from the Mound Clinic Parking Lot. 3. That all the owners should sit down and explore their options for this project because as it stands the City cannot improve private property. A motion was made by Councilmember Swenson and seconded by Councilmember Charon to continue this public hearing until February 9, 1982. The vote was unanimously in favor. Motion carried. Randy Bickmann stated that he felt there was no need for the City to expend time and money on a project for private property that should be done by the people who would benefit from the project. COMMENDATIONS The Mayor read the proclamations for the three retiring Planning Commission Members, Gerald Smith, Lorraine Jackson and Margaret Hanson and presented them with their plaques. The entire Council thanked all 3 for their dedicated service to the community. RENEWAL OF ARCADE LICENSE The City Manager explained the Arcade's 60 day Special Use Permit is up for renewal and as per the Council's request at the time of issuance, he has a list of things that he has received complaints about. 1. The Arcade opened earlier than 2:30 P.M. on one occassion. 2. There were no bike racks installed. 3. The City did not receive a list of the machines in the Arcade until late December. 4. He has received about 6 calls from adjacent neighbors complaining about litter, trespassing, etc. 3 January 5, 1982 The Mayor asked for any comments from the citizens present. Mike Morrlson - §ince the kids have a place to go they are not hanging around the other end of town and causing problems in that shopping center. He has been to the Arcade and feels the kids are posing no problem to anyone. Pika Morrison - She is in favor of the Arcade remaining. Mary Campbell - Has 4 teenagers living in Mound, has been to the Arcade and has never seen any misconduct in or around it. There is no other place for the kids to go in Mound. We should be encouraging businesses in Mound not discouraging them. Steve Brown - Has children that go to the Arcade and has gone himself to check it out. There is no smoking, drugs or vulgar language because the management doesn't allow it. A number of other persons spoke in favor of the Arcade. Councilmember Charon moved and Swenson seconded the following resolution. RESOLUTION #82-1 RESOLUTION TO GRANT THE ARCADE A RENEWAL OF THEIR SPECIAL USE PERMIT FOR AN ADDITIONAL 60 DAYS BEGINNING JANUARY 1, 1982 The following discussion followed: Councilmember Ulrick stated that the City Council deals with matters of health, safety and welfare for the general public. He has already told Watson previously that he could not vote in favor the the renewal because he felt there was no planning done before Watson opened this Arcade for the health, safety and welfare of the public. Councilmember Swenson stated that businesses have never had to provide plans to the Council for a new business. Councilmember Ulrick stated that this is a Special Use Permit not an approval of a commercial business. Mayor Lindlan felt that Watson could have finished off the walls in a more appropriate way and that it is the responsibility of Watson as a merchant to make the Arcade a desirable place in the downtown area. Watson stated that he did not want to put too much money into the place until he was sure the Council would renew the Special Use Permit and allow him to remain in business. Councilmember Charon withdrew her resolution and Councilmember Swenson withdrew his second. Councilmember Charon moved and Swenson seconded a motion to table any action on the renewal of this Special Use Permit until the January 12, 1982, Council Meeting. The vote was unanimously in favor. Motion carried COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. Margaret Sheehan (manager of the Grandview Apartments) - Who is responsible for shoveling the sidewalks by the Grandview Apartments, the senior citizen housing and the P.D.Q. on Three Points? 4 January 5, 1982 The Mayor explained that the subject of shoveling all the new sidewalks in town will be discussed at the January 9th Planning Meeting that the Council is holding. The Council realizes it is a problem. Councilmember Ulrick asked for the floor. The Mayor granted his request. Ulrick referred his comments back to the Arcade stating that if Watson was willing to work with the Building Inspector, City Mananger and the Staff to bring the Arcade up to code by a certain date, he would be willing to vote in favor of the renewal. March 1, 1982, was the date he had in mind. MOUND-SPRING PARK WATER CONNECTION The City Manager stated that the latest development with the County is that they still may find the money somewhere other than Federal Funding to repair the Black Lake Bridge in 1982. The County's main objective in getting the Black Lake Bridge repair is based on a City Resolution from 1976 stating that when the County updates all the bridges on County Road 125 and brings the road up to date that then the City would take over the Road. The problem with putting in the connection with the old bridge is that there are major differences in the connection if done with the old bridge or done with the new bridge and the County doesn't want the responsibility to relocate the water main if it is not done at the same time as the repair. The low bid contractor for the water connection will probably not hold firm his bid for another 30 days. So the question is to approve or not approve the bids tonight. George Boyer, from Hickok & Associates, was present and stated that from his conversations with the County the bridge repair has a 50/50 chance for this summer. If the County does not repair the bridge the City would still need permission and a permit from the County to do this water connection and he felt that if they do not do the repair they would not be likely to grant permission for the connection. And regardless of the water connection, Island Park needs a new well. Mr. Boyer then explained that the first step in drilling a new well would be to drill test holes. He then presented some preliminary cost estimates for a new well. The Council asked for an approximate date that the well would be completed if acted upon immediately. Boyer responded that barring any complications the later part of the Summer in 1982. The Council also asked what Boyer's recommendation would be on the water connection if the well was drilled. Boyer stated that he would not recommend the water connection at this time if the new well is started. Councilmember Ulrick moved the following resolution. RESOLUTION #82-1 RESOLUTION TO REJECT ALL THE BIDS FOR THE SPRING PARK- MOUND WATER CONNECTION DUE TO THE FACT THE COUNTY HAS NOT DECIDED TO DO THE REPAIR WORK ON THE BLACK LAKE BRIDGE The City Attorney stated that a resolution to reject the bids is not necessary because if the bids are not acted upon within 30 days after the bid opening, they will automatically be considered rejected. 5 January 5, 1982 Councilmember Ulrick then withdrew his resolution. Counc~lmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-1 RESOLUTION DIRECTING THE ENGINEER, HICKOK & ASSOCIATES TO PREPARE PLANS AND SPECIFICATIONS TO DRILL 2 TEST HOLES IN ISLAND PARK AND PRESENT THEM TO THE COUNCIL ON JANUARY 26, 1982 AT THE COUNCIL MEETING The vote was unanimously in favor. Motion carried. The City Manager informed the Council that he has written to Spring Park relating our problems with the water connection and now the need for a new well and is awaiting their response. SNOW PLOW QUOTATIONS The City Manager presented the quotes that were received on the snow plow for the new Water Department truck. They were: 1. Berry Auto & Body, Inc. $1383.OO 253 East Lake Street Wayzata, MN. 55391 2. LeHass Mfg. & Sales, Inc. $1415.O0 3575 State Highway 13 St. Paul, MN. 55112 Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-2 RESOLUTION APPROVING THE QUOTATION OF BERRY AUTO & BODY, INC. IN THE AMOUNT OF $1383.O0 FOR A SNOW PLOW The vote was unanimously in favor. Motion carried. DOWNTOWN ADVISORY COMMITTEE The Downtown Advisory Committee, at its December 9, 1981 committee meeting, recommended approval of $600.00 from their budget for completion of plan draft by Rob Chelseth. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-3 RESOLUTION TO APPROVE THE PAYMENT OF $600.00 FROM THE DOWNTOWN ADVISORY COMMITTEE BUDGET FOR COMPLETION OF PLAN DRAFT BY ROB CHELSETH The vote was unanimously in favor. Motion carried. PLUMBING LICENSE ORDINANCE The City Manager explained that the plumbing license in the City has not been increased but that there is a sentence in the ordinance that should be deleted because it prorates the $15.OO license fee to a minimum of $5.00 which means the longer a plumber waits to renew the License the cheaper it is. 6 January 5, 1982 Councilmember Ulrick moved and Swenson seconded the following ordinance. ORDINANCE #425 ORDINANCE AMENDING CHAPTER 26, SECTION 26.61 OF THE CITY CODE The vote was unanimously in favor. Motion carried. 1982 ORGANIZATIONAL MATTERS ao APPOINTMENT OF ACTING MAYOR FOR 1982 Mayor Lindlan moved and Swenson seconded the following resolution. RESOLUTION #82-4 APPOINTING COUNCILMEMBER DONALD ULRICK AS ACTING MAYOR FOR 1982 The vote was unanimously in favor. Motion carried. bo DESIGNATION OF OFFICIAL NEWSPAPER Councilmember Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-5 DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 1982 The vote was unanimously in favor. Motion carried. c. DESIGNATION OF OFFICIAL DEPOSITORY Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-6 DESIGNATING THE STATE BANK OF MOUND AND MINNESOTA FEDERAL (MOUND BRANCH) AS THE OFFICIAL DEPOSITORY FOR 1982 The vote was unanimously in favor. Motion carried. do CITY CLERK'S BOND Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-7 RESOLUTION APPROVING THE CITY CLERK'S BOND OF $20,000 FOR 1982 The vote was unanimously in favor. Motion carried CITY TREASURER'S BOND Councilmember Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-8 RESOLUTION APPROVING THE CITY TREASURER'S BOND OF $20,000. for 1982 The vote was unanimously in favor. Motion carried. 7 January 5, 1982 f. APPOINT COUNCIL REPRESENTATIVE TO PLANNING COMMISSION Councilmember Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-9 RESOLUTION APPOINTING COUNCILMEMBER SWENSON AS COUNCIL REPRESENTATIVE TO THE PLANNING COMMISSION FOR 1982 The vote was unanimously in favor. Motion carried. g. APPOINT COUNCIL REPRESENTATIVE TO PARK COMMISSION Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-10 RESOLUTION APPOINTING COUNCILMEMBER CHARON AS COUNCIL REPRESENTATIVE TO THE PARK COMMISSION FOR 1982 The vote was unanimously in favor. Motion carried. h. APPOINTMENTS TO WESTERN AREA FIRE TRAINING ASSOCIATION BOARD Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-11 RESOLUTION APPOINTING GERALD BABB AND DON BRYCE TO THE WESTERN AREA FIRE TRAINING ASSOCIATION BOARD FOR 1982 The vote was unanimously in favor. Motion carried. The Mayor reminded the Council of the January 9th Planning Meeting and asked if there were any additions to the preliminary agenda that was passed out tonight. If there are any additions, Councilmembers should get them to the City Manager to be added to the Agenda. PAYMENT OF BILLS Councilmember Ulrick moved and Swenson seconded a motion to approve the payment of the bills as presented in the amount of $41,838.90, when funds are available. Roll call vote was unanimously in favor. Motion carried. AMEND AND CORRECT RESOLUTION #81-127 The City Manager explained that there was a typographical error in the property description of the West Tract in Resolution #81-127 that was passed on April 21, 1981. We will have to send an amended and corrected copy of the resolution to the County. Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-12 RESOLUTION AMENDING AND CORRECTING THE PROPERTY DESCRIPTION OF THE WEST TRACT IN RESOLUTION #81-127 The vote was unanimously in favor. Motion carried. DESIGNATION OF DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY The City Manager explained that Leonard Kopp has now resigned from the S.R.A and the Cable T.V. Committee and that the Council needs to designate new people. Councilmember Ulrick moved and Swenson seconded the following resolution. 8 January 5, 1982 RESOLUTION #~2-13 RESOLUTION DESIGNATING PINKY CNARON DIRECTOR AND ROCK LINDLAN ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY The vote was unanimously in favor. Motion carried. ZONING ORDINANCE The City Attorney has submitted summary of the new Zoning Ordinance for publication. This will save the City a substantial amount of money because it will not have to publish all 60 some pages of the Zoning Ordinance. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-14 RESOLUTION APPROVING THE PUBLICATION OF THE TITLE AND A SUMMARY OF THE ZONING ORDINANCE ADOPTED DECEMBER 29, 1981 The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS Councilmember Swenson was asked by the Council to set up a tour of the Western Area Fire Training facility in St. Bonifacius. The City Manager briefly went over the following information items and provided back-up material for the Council to go over. 1. Action Alert from the League of Minnesota Cities - Subject: Action Needed Now to Solve Budget Crisis. 2. A letter from George M. Hansen Company to the State Senators regarding withholding of state aid to cities and how this will affect cities' annual financial reports. 3. A report from the League of Minnesota Cities 1981 Conference entitled The Financial Condition of Cities-Part 1 - Subject: Traditional and Innovative Revenue Sources. 4. An article on The Twin Cities - A Home Buyer's Quide to Location Taxes and Services. 5. A letter from Tom Hagedorn on the I.R.S and exempt organizations. (This has now been settled and the relief associations will maintain their federal tax exempt status.) 6. The Minutes from Ind. School District #277 School Board Meeting. Councilmember Swenson moved and Ulrick seconded a motion to adjourn at 10:30. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager Fran Clark, City Clerk BILLS ..... JANUARY 5, 1982 Acro-Minnesota 119.77 Applebaums 15.03 Chapin Publishing 202.80 Holly Bostrom 262.25 Jan Bertrand 9.24 Gary Cayo 11.06 Commissioner of Revenue 2,862.37 Calif. Tax Foundation 4.00 Robert Cheney 326.00 M.P. Dickson Elec. 170.O0 Director Property Taxation 289.38 " " " 289,38 Dependable Services 33.00 Davies Water Equip 183.O0 Jon Elam 15.40 Feed Rite Controls 22.66 Flexible Pipe Tool 48.16 Henn Co. Chf Police PTAC 25.00 Henn Co. Sheriffs Dept 232.00 Henn Co. Treasurer 726.00 Intrntl Conf. Bldg Officials 303.85 Lowells 12.53 The Laker 49.38 Mound Postmaster 110.76 " " 300.00 City of Mound 54.21 Mound Fire Dept 3,962.00 MN Pollution Control Agcy 80.00 N.S.P. 313oO1 Pitney Bowes Credit 26.00 PERA 2,398.81 Scott Racek 9.59 Reo Raj Kennels 139.50 State Treasurer 1,O26.48 " " 15.O0 Tri State Drilling 873.23 Thrifty Snyder Drug 11.O6 Unitog Rental Syst0 275.75 Waconia Ridgeview Hosp 20.00 Westonka Sanitation 50.00 Intrntl Assn Chf Police 25.00 MN State Fire Chf Assn 50.00 West Henn Human Serv. 353.00 Metro Fone Commun. 35.40 Burlington Northern 533.33 Griggs, Cooper 7,724.79 Johnson Bros. Liquor 8,310.51 Old Peoria 3,160.07 Ed Phillips & Son 5,769.14 TOTAL BILLS 41,838.90 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " " " 333.33 Finance " " " 80.17 Elections " " 25.00 Diseased Trees" " 176.66 Sewer " " " 375.00 Water " " " 416.67 Cemetery " " 25.00 Street to Shop & Stores 441.56 Water " " " 388.83 Bldg Inspector" " 316.80 Police" " " 366.72 Liquor to General 1,500.O0 A.~HOMAS WURST CURTIS A. PEARSON ALSERT FAULCONER 13T LAW OFFICIO5 WURST, CARROLL & PEARSON MINNEAPOLIS, MINNESOTA 55402 December 15, 1981 Mr. Jon Elam,.City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: License Revocation Dear Jon: Pursuant to your direction and the materials supplied to this office, I have prepared a resolution calling for a due process hearing to be held before the City Council on January 12, 1982. I am proposing through this form to consider all the licenses collectively on the presumption that if the Council finds his conduct warrants revocation of one license, the same facts would justify the revocation of all licenses. I have also made provision in the resolution for service of this resolution which is acting~:as the statement of charges, and it is my understanding that you will make service upon Mr. Ferris, Mrs. Ferris, and any other persons who are currently operating Mound Lanes. At the conclusion of the hearing, if the Council determines to revoke the licenses, I might suggest that rather than closing him down immediately, a temporary and compassionate provision be contained in the findings which would allow him to operate the business for 30 or 60 days thr~ agents a~'~hat said time period CoU%d be used by hiTM to sell Or transfer the---bh-~iness to some other person who is not tainte~ and could ~ake application ~or the same license. £f Mr. Ferris has an attorney representing him, i---~might be advisable to have him contact me prior to the hearing to be sure that any procedures which he believes necessary to protect his client are given reasonable consideration. If you have any questions CAP:ih Enclosure or comments,_please call. ~incer~el~) City Attorney RESOLUTION NO. 8!-403 RESOLUTION PROVIDING FOR A HEARING REGARDING THE REVOCATION OF VARIOUS CITY LICENSES WHEREAS, the City of Mound is a Minnesota municipal corporation deriving its powers from Chapter 412, Minnesota Statutes 1981, and WHEREAS, under the provisions of Section 412.221 of the Minnesota Statutes, the City is authorized to license certain businesses and activities within the community, and to provide for the government and good order of the City to suppress vice and immorality, and to protect the health, safety, order, convenience and general welfare of the co~m~unity, and WHEREAS, the City of Mound has issued the following licenses to Clarence E. Ferris and/or Clarence and Marilyn Ferris and/or Clarence'E. Ferris and Marilyn Ferris doing business as Mound Lanes: ':1.x MN State license #0094 Food Establishment Clarence E. Ferr~ ~2. MN State license #239 Set-up Clarence and i Marilyn Ferri$ Mound license #81-54 Restaurant Mound Lanes Mound license #81-71 Pinball/games of Mound Lanes skill .. ~ 5. Mound license #81-70 " Mound Lanes \6. Mound license #81-69 " Mound Lanes ~ 7 Mound license #81-68 " Mound Lanes . Mound license #81-67 " Mound Lanes Mound license #81-66 " Mound Lanes bi0. Mound license #81-80 Eight bowling lanes Mound Lanes ~11. Mound license #81-82 On-sale non- Mound Lanes intoxicating malt liquor Off-sale non- Mound Lanes intoxicating malt liquor Cigarette license 13. Mound license #81-90 Mound license #81-17 Mound Lanes, and WHEREAS, on November 5, 1981, Clarence E. Ferris entered a plea of guilty to criminal sexual conduct in the third degree, and WHEREAS, the activities, actions, and course of conduct leading up to this conviction for a felony were conducted and took place at the licensed establishment, i.e., Mound Lanes, and WHEREAS, the criminal history of the licensee is well documented by written and sworn statements contained in the files of the Mound Police Department and are so shocking that it would not be advantageous or beneficial to anyone to repeat or lay out that course of conduct in this resolution, and WHEREAS, many of the ordinances under which licenses have been obtained by Clarence E. Ferris contain ordinance provisions relating to suspension or revocation of the license, and even where the ordinances or statutes under which they are issued are silent, the power to revoke said license is implied as a right of the licensing authority, and WHEREAS, investigation has shown that the licensee is not currently on the premises but rather has other people who are operating the establishment and conducting the business and there has been no application for a transfer of any license, and WHEREAS, Section 32.07, S~bd. b, provides that no license shall be granted to any person who has been convicted of a felony. Subd. h provides "All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises described in the application]~ Such licenses shall not be transferred to another place or person." Subd. j provides "Such licenses shall be granted only to such persons who are citizens of the United States and only to persons of good moral character." The licensee also holds licenses under Sec. 36 of the Mound City Code which provides in part in Section 36.15, Subd. 6, Subsection 2, that upon existence of any of the following conditions, the applicant is ineligible for a license: "(2) if the applicant, manager, or person owning the licensed activity: (a) is not a person of good moral character and repute; (b) has been convicted of an offense which relates to the conduct of the licensed premises." Section 37.04 of the City Code relating to other licenses provides that no such license shall be issued except to a person of good moral character, and under 37.05, "Every such license may be revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice~and an opportunity to be heard", and WHEREAS, Clarence E. Ferris, dba Mound Lanes, has voluntarily pled guilty to criminal sexual conduct in the third degree as defined in Minnesota Statutes Section 609.344 and has utilized his place of business, Mound Lanes, to perform acts with minors which are repulsive from the standards of this community and by his own admission would delete him from the classification of persons who would be of good repute or of good moral character, and WHEREAS, to protect the interests of the licensee and to provide him with the opportunity to show cause to this Council why said licenses should not be revoked and to provide him with all his constitutional guarantees, it has been recommended to the Council that a public hearing be held where the licensee shall have the opportunity to come forward and give evidence to this Council as to why the licenses should not be revoked, NOW, THEREFORE, BE IT RESOLVED By the Mound City Council: 1. Clarence Earl Ferris individually and Clarence E. Ferris and any associates doing business as Mound Lanes shall be advised that he and they may appear before this Council at 7:30 o'clock p.m. on January 12, 1982, to show cause why the ~b~ge~s~at~_-licenses should not be revoked. 2. The City Manager is hereby authorized and directed to serve a copy of this resolution on Clarence E. Ferris and Marilyn Ferris and also on Ron Ferris, son of Clarence E. Ferris, and any other persons who have registered an interest in the licenses described above or in the properties operated as Mound Lanes. Ail said parties receiving service are advised that they may appear at the above date and time to present evidence to this Council as to why said licenses should not be terminated and revoked. 3. The City Manager is further authorized and directed to have recording equipment available and to tape all proceedings to insure fairness to the licensee. 4. Charges which the City Administrative Staff have prepared against Clarence E. Ferris are essentially as follows: He has utilized his business location in the commission of a felony. The crimes to which he has confessed guilt show.~that he. is not a person of good repute or good moral character. The licenses described above are being utilized on a day to day basis by persons other than the licensee and no application for a transfer has been filed with the City. He has confessed to and been convicted of a felony. His conviction of the offenses charged relate to his conduct on the licensed premises. The above described licenses should be revoked for the protection of the public health, safety, and general welfare as the licensee is guilty of undesireable business practices and improper conduct. 5. In all cases where the City of Mound is the licensee, the City Council proposes to act as a quasi-judicial body to determine that the above facts presented to this body by the administrative staff are true and correct and that the findings that the licenses should be revoked because of the aforestated charges are proper. The licensee is further advised that i£ he wishes a written transcript of the hearing, he may obtain one upon payment of all costs therefor. Anyone having a knowledge concerning the licensee or his course of conduct or wishing to present material evidence concerning the above stated charges may appear before this Council on January 12, 1982, and present such evidence for consideration by the Council. The City Manager or his designated officers are also directed to attend such hearing and to bring with them the files from the Police Department and any and all other relevant evidence which may assist this Council in making a determination as to the revocation of these licenses. Attest: Mayo~ ....... tty Manager INTEROFFICE MEMO FROM: SUBJECT: Mr. Jon Elam - City Manager a~ DATE Bruce Wold Chief of Police Charges arising from Criminal Conduct at Mound Lanes Januar~ 8, 19 8 2 On December 15, 1981, City Attorney, Curt Pearson, sent you a resolution setting down charges against the owner of the Mound Lanes, Clarence Ferris. The resolu- tion (#81-403) was drawn to enable the city council to convene a public hearing and take testimoney about the revocation of all licenses held by Clarence Ferris. The purpose of this memo is to inform you of the basis for these charges. The first charge made by attorney Pearson is that Clarence Ferris used his business location in the commission of a felony. Investigations by the Mound Police and the Hennepin County Sheriffs Detective Unit, resulted in Clarence Ferris being charged, in Hennepin County District Court, with two counts of criminal sexual conduct (CSC) in the third degree and two counts of CSC in the fourth degree. The district court case file numbers are: 78576, 78575, and 78574. The complaints allege that in the fall of 1980 and in July, 1981, Clarence Ferris committed the sexual acts at the Mound Lanes. On November 5, 1981, Clarence Ferris entered a plea of guilty to one count of CSC third degree and one count of CSC fourth degree. Both counts were contained in district court file #78776. Clarence Ferris is due to appear before Judge Barbeau on January 11, 1981, at 1:30 p.m. for sentencing. The second charge refers to the moral character of Clarence Ferris. The charges to which Clarence Ferris plead guilty arose from sexual contact with a female juvenile, age 16. Clarence Ferris committed these acts while using the victims continued employment at Mound Lanes as coersion. Attorney Pearson further charged that licenses granted to Clarence Ferris were being used to conduct business without making a transfer application with the City of Mound. Investigator William Hudson interviewed Ron Ferris, and thru his own admission, Ron Ferris volunteered he had taken over operation of the Mound Lanes and that Clarence Ferris had not been in to operate the lanes for a long period of time. Finally, Attorney Pearson charges that Clarence Ferris confessed and was convic- ted of a felony and that the charges relate to his conduct on the licensed premises. These issues were addressed earlier in this memo. It may be important to set out that both CSC third and fourth degree are felony crimes. The licenses issued by the City for the operation of Mound Lanes are also in the nmne of ~rilyn Ferris. No criminal charges are pending against }larilyn Ferris. INTEROFFICE MEMO TO: : SUBJP. CT: Chief Bruce Wold Sgt. William M. Hudson Background Investigation DATE January ! 9.~2 On January 5, 1982, I interviewed Lyle Sylvester Enger, dob: 02-14-51, residing at P.O. Box 267, Princeton, MN, and Charles Edward Carlson, dob: 08-06-46, residing at 2930 Alvardo Lane, Plymouth, MN. The above parties are partners and are hoping to purchase the Mound Bowling Alley, contingent to issuance of licenses. Both parties hoped to take possession January 7, 1982. I inquired of both parties if they were in any way associated with Clarence Earl Ferris, the present owner of the bowling alley and was informed to the negative. Both Enger and Carlson informed me that the only other person that will be helping them run the bowling alley would be Sally K. Carlson {Charles Carlson's wife) dob: 05-13-46. At this time Enger informed me that he was single. Both parties at this time informed me that they will be buying out Clarrence Ferris from the bowling alley and will be taking over the contract for deed from its original owner, Orrin Heffer. Prior to conducting the investigation, I ran criminal histories on all parties involved, along with warrants, NCIC's and DL's and found them to be in order. These are attached. As a result of the investigation in Milaca County, I learned that Lyle Enger is presently married to Sandra L. Enger, dob: 1-24-51, but not currently living with her. It was also learned that Sandra L. Enger is, in fact, the daughter of Clarence E. Ferris. Sandra and Lyle Enger moved to Princeton approximately five years ago where they purchased a bowling alley with financial assistance from Clarence Ferris. Approximately two years ago Sandra Enger moved to the cities where she now resides and Lyle Enger is living up with a woman by the name of Glennis Thorresbakken in Princeton, at his home, which is next to the Kenby Bowling Alleywhich he owns. In checking with court documents in Milaca County, Articles of Incorporation for the Kenby Bowling Alley, #179167, shows Sandra L. Enger to be the incorporator and director of Sandra, Inc., which is, in fact, the Kenby Bowling Alley. ~r~gage document #185630, dated Dec. 16, 1981, shows Lyle Enger and Sandra Enger, husband and wife, borrowed $10,000 from the Princeton State Bank. Information was received that this money was to be used to purchase a bowling alley in the cities and that a second mortgage was taken out on the Enger residence. In checking with the Milaca County Sheriffs Office, there is no record which indicates any problems with the Engers or the way they do business at the Kenby Bowling Alley. I contaCted Orrin Heffer, who is the deed owner to the bowling alley and he informed me that he was not aware of any attempt at this time for the Enger's Chief Wold . Oanuary ?, 1982 Page Two to purchase the bowling alley from Clarence Ferris but it is not necessary, he feels, for him to know as long as payments are made on the contract for deed. I also spoke with Ron Ferris, son of Clarence Ferris, who is presently running the bowling alley. Ferris informed me that although he is very upset in reference to ~ahat is taking place, Lyle Enger is a knowledgeable person in the bm~ling alley business as is Charles Carlson and will probably for the mst part, do very well in running the business. On January 7th, I interviewed Lyle Enger, along with his attorney, }~lcolmD. Reid at the Mound Police Department. I asked Enger why he did not inform me of his relationship with his wife in whichhe never gave me an answer, (this has been discussed with you). Enger's attorney was handling the transaction and informed me that they will provide the following documents to the satis- faction of the City to prove that Clarence Ferris doesn't or will not have anything to do with the )Bund Bowling Alley other than hold a contract for deed: An affidavit from Clarence Ferris stating that he does not have any further interest in the Mound Bm~ling Alley other, than a contract for deed, payble to him by the applicant. Affidavit from Clarence E. Ferris authorizing the applicants to be his agents to operate the Mound Bowling Alley until which time all licenses can be properly put into the applicant's name and approved by the Council. 3. An Affidavit from the applicants stating that Sandra L. Enger has no interest in this bowling alley whatsoever. 4. A document describing the financial transaction between Clarence E. Ferris and the applicants as to the sale of the )Bund Bowling Alley. The attorney, Mr. Reid, informed me that we will have these documents, if not tomorrow, no later than Monday, January 11, 1982. ~k. Reid and Mr. Enger was infomed me that they understood any concern in reference to this background, especially when the proper information was not given to me at the first meeting. 3k. Reid and Mr. Enger also informed me that there will be a divorce shortly between Sandra and Lyle Enger. b~. Enger informed me that he and Charles Carlson have just formed a new business and just recently purchased a bowling alley in Dassel, ,MN also. Later the same day, I interviewed Charles Carlson. Carlson informed me that he was mvare that Enger did not give me truthful information as to his marital status in connection with Clarence Ferris on our first meeting. He stated the reason for this was due to their out of the ordinary relationship between Lyle and Sandra Enger, which I have discussed with you. Carlson stated that part- nership papers are being drawn up by their attorney at this time which will indicate that the only principal parties in this incorporation are himself and Lyle Enger. Carlson stated that as to the financial transaction, $20,000 is being paid down by he and Enger to Clarence Ferris in addition to a $33,000 Chief %~old January 7, 1982 Page Three contract for deed with a small balloon to Clarence Ferris and a contract for deed to Orrin Heffer in the amount of $87,000. Carlson stated that he will be in the principal operator of the Mound Bowling Alley due to the fact that Lyle will be managing the bowling alley in Kenby and Dassel. Carlson, who is the owner of Fun Games, Inc., will be furnishing all video/pinball/cigarette machines for the Mound Bowling Alley. Respectfully, Sgt. WilliamM. Hudson Mound Police Dept. From Licensing Dept. Kolice Chief' Date 1 -4-82 ge: License applications for Bowling Lane Attached are copies of applications for licenses made by Charles Carlson and Lyle Enger who are supposedly in the process of purchasing this business. They plan to bring in a letter from the present owner tomorrow stating that he is selling the business to them. Please proceed with an investigation of these applications. Thanks. (;ITY of ,X lot ;ND 612 472-I t(E'FAIL "ON SALE" COUNTY OF H ~ Dp. ~ p..i.p_ ........ J E.i.y.~'. ................ OF .......... ~4oun~_ ............................ C i ty Count i 1 C i ty Mound ~)To the ............................................................ of the ......................................... of ........................................ ....................... Counrx..of...Henne~n ................................. State of Mirmesot~: Charles Edward Carlson and L~e___~S~vester Enqer appLY... [or o, Zic~rr~e [or tl~ ~ o~. At ~ta~ O~y, Non-~to~t~g Malt ~quo~, C ~.~.y _~f Mound ~L~3~L Lots 10-17, Incl., Block 3, Shirley Hills Unit F, Mound place salv~ ~pp~ic~n~__.~perat~_._f~he, bu~r~_~s of- Mound Bowling Center .'-' tnte 0t 5q tinne 0ta, C o u n tl/ o! ........... ~...q..q..q..e.P...L.". .................................... .) ................................ .t.i..t..v. ........... OF ....... t~ o urte... ..................... To the ......... .c.j..t.y....c.e..q.q.~.!.! ....................... ..... of the ............ .c..txy. ..................... ot~ ....... t~ouaa ...................... : .................. .c..q~n.t.y....o.f...U..~......~2.L.. ....................................... State of Minnesota: .~._h.a r.l.cs_Ed~a r d_Ci~F..l.s.on._a nd_k,yJe-S.,X.Lv es~ herebZl appL_¥ .......... for a licznse for th~ t~rrr~ of_ [rorr~ th~ _~.d.a. lJ of In Original Packages Only, Non-Intoxicating l~Ialt Liquors, t~S th~ sarn~ are cLej~r~ef~ d~c~e~ ~.a fo)l~wa, ~-z~:_ )tound Bowl in&t__.L_.a.~..e_s..., . 2..).q_G.~C¥1~._r~ess Lane,. ~o_u_n._d., I~N. Lots lO-lq, Incl., Block 3, Shirley Hills Unit F, ~ound ., 19____, to zdl Dated ..... '-:- ........ ? .19.~ ,Ao.z~o~ ~6 7 A'z., ~£3'?1 /9/'''~lc'~-~'a t OFF S^~ ¥ $ 25'00 APPLICATION FOR LICENSE SELL NON-I~oxICATIR~C MALT LIQUOR Applicant's ~te of ~irth ~-J-~ Citizen. References: (List t~ee - ~me and ad,ess of each) -. .~ $~C?~0~ ~2.O3. A'pp]_~cation for License. All applications for any ]5censs to se~l non-~o~-~ca~g ~al~ l~uor shall be ~aSe o~ for~.s to ~e supplied by the City setting forth the name of the person asking for such license, his age, representations as to his chara'cter %~th such references as may be required, his citizenship, the location ~:'nere sech business is to be carried on, whether such applicatdon is for "on sale" or "off sales", the business in connection with ~ich the proposed license will operate, whether applicant is ownzr and op~.rator of such business, the time such applicant has been in that business at that place, and such other information as the governing body may require from time to time. It shall be unlawful 'to make a false statement in an application. (Ord. 32 - ~/h/1~33 - Ord. 322 - 8/22/197~) CITY OF MOUND Mound, Minncsota LICENSE APPLICATION Billiards, Pool and Bowling Lanes ~ame of Owner of Businessf~ ~f~'~ StreW/' City State Zi~ Does anyone other than above have financial interest in the business? ~cation of T~e or Aney ~~ ~ ~~--~ Phone ~o. Phone No. Application is hereby requested for: Number Item Pool Tables Billiard Tables Pigeon Hole Tables Bagatelle Tab]es .,, ~ BoQ]lng Alleys Ten Pin Alley Fee $10.00 Each 10.00 Each 10.00 Each 10.00 Each 10.00 Each (Bowling Lane, not 10.00 Each Signature of Applicant Licenses expire April 30 of each year. If the answer to Item 3 is "Yes", please list others having a financial interest in the business on the back of this application, giving name, address and telephone number. CITY' OF I'K)UND 5341 ~ay~ood Road [%ound, ~linnesoha 55364 JAN - LICENSE APPLICATION RESTAURANTS, CAFES AND PUBLIC EATING HOUSES (1) Name of Owner of Business ,~ ~, ,¢. ~. ,,..~ ..... Street Jt City State (4) Does anyone other than above have financial interest in the business? Phone No. Set' .on '37.10 License Required. That all Restaurants, Cafes and Public Eating Houses 5hall secure a license to operate, from the City, which license shall run for one year, and be signed by the City Clerk. The license fee shall b~ $5.00 and said license shall expire annually on April 30. (Revised - Ordinance 397 Feb. 27, 1979) .* If the answer to Item 4 is "Yes', please list others having a financial interest interest in the business below on this application, giving name, address and telephone number. '/ z~Signature of Applicant 'CITY OF HOUND Round, ~innesota LICENSE APPLICATION (1) Name of (~ner of ~usiness (,....~,...~.._. Fnone No. (~) Does anyone other t~n the above ~ve fi~ncial st ~ th~ b~iness? Phon, ~o. Zip (5) Description of Oam~ of Skill for which license is required: Eumber Description · $25.00 each Licenses expire April 50 of each year A'pplic~ . Date / the an~er to Item 3 is "Yes", please list others tuiving a financial interes~ in tho business on the back of this application, g~ving name, address and telephone num~ero ~EID, ANDER~r']N & BE:AI~.H 261 HIGHWDI~D DF'i"IOE ~ENTER 15612 HIGHWAY '7 MINNETDNKA~ MINNIr~C]TA 55343 612 · C~3B-'q4'72 IHALP-rtLNI D. REID JAM E:B A. ANDERIgDN January 7, 1982 Mound City Council Mound, Minnesota 55364 Dear Council Members: I am writing this letter on behalf of Clarence E. Ferris, Marilyn J. Ferris, Lyle S. Enger and Charles E. Carlson. On January 7, 1982, Clarence E. Ferris and Marilyn J. Ferris sold their bowling alley, the Mound Lanes, to Lyle S. Enger and Charles E. Carlson. As of the date of sale, Mr. and Mrs. Ferris have no further involvement with the bowling alley whatsoever. They no longer are involved in the management of the bowling alley and are not employed by the bowling alley. Mr. and Mrs. Ferris sold the bowling alley to Messrs. Enger and Carlson pursuant to the terms of a contract for deed. At the time of closing, Messrs. Enger and Carlson made a substantial down payment. Messrs. Enger and Carlson are obligated to make monthly installment payments to Mr. and Mrs. Ferris until the remaining balance of the purchase price is paid in full. The obligations under the contract for deed, however, are the only financial dealings between Mr. and Mrs. Ferris and Messrs. Enger and Carlson. Ver~' truly yours~ Malcolm D. Reid MDR:ps AFFIDAVIT STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) Clarence E. Ferris, residing at 3640 Lancaster Lane, Plymouth, Minnesota, being first duly sworn, on oath, says: 1. That he makes this affidavit for the purpose of obtaining a transfer of the following licenses which are necessary for the operation of Mound Lanes, to Lyle S. Enger and Charles E. Carlson: (a) Set up license (b) Beer license (c) 8 lane Bowling Alley operation license (d) Restaurant license (e) Cigarette license (f) Pin ball and video machine license 2. As of January 7, 1982, he has sold all his interest in the bowling alley known as Mound Lanes, located at 2346 Cypress Lane, Mound, Minnesota, to Lyle S. Enger and Charles E. Carlson, pursuant to a contract for deed. Lyle S. Enger and Charles E. Carlson have made a substantial down payment, but will continue to owe a portion of the purchase price to him which shall be paid in installments in accordance with the contract for deed between them. 3. He has, and does hereby, surrender all of the above licenses to the City of Mound on the understanding that those licenses will be transferred by the Mound City Council to Lyle S. Enger and Charles E. Carlson. In the interim between this date and the date that the licenses are transferred to Lyle S. Enger and Charles E. Carlson by the Mound City Council, he does hereby appoint Lyle S. Enger and Charles E. Carlson as his agent for all purposes with respect to these licenses. 4. As of January 7, 1982, he has no further involvement with the Mound Lanes. He will not be involved in the management of the lanes, will not have any employment with the bowling alley and will have no financial dealings with the bowling alley with the exception that Lyle S. Enger and Charles E. Carlson ark obligated to make installment payments to him pursuant to the terms of their contract for deed. Further affiant saith not. Clarence E. Ferris Subscribed and sworn to before me this 7th~day of January, Notary Public MALCOLM O REID ;,~s ~a,~,~. NOTARY PIJBI. IG - MINNESOTA } ,'.~1~ HENNEPIN COUNTY ~ "'~ ........ ~ My remmS~on Cxore~ ~eo 25 1987 AFFIDAVIT STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN Lyle $. Enger, residing at Route 2, Box 267, Princeton, Minnesota, being first duly sworn, on oath says: 1. That he makes this affidavit for the purposes of obtaining the following licenses from the City of Mound for use in conjunction with the operation of the Mound Lanes, a bowling alley located at 2346 Cypress Lane, Mound, Minnesota: (a) Set up license (b) Beer license (c) 8 lane Bowling Alley operation license (d) Restaurant license (e) Cigarette license (f) Pin ball and video machine license 2. He has purchased the bowling alley in partnership with Charles E. Carlson from Clarence E. Ferris and Marilyn J. Ferris on January 7, 1982. 3. Clarence E. Ferris shall not have any involvement whatsoever with the bowling alley effective January 7, 1982, the date on which he and Charles E. Carlson are purchasing the bowling alley. Further, Clarence E. Ferris shall not be involved in the management of the bowling alley and shall have no finan- cial dealings with the bowling alley. 4. Pursuant to the terms of his contract for deed with Clarence E. Ferris, he is obligated to make installment payments to Clarence E. Ferris on a monthly basis. 5. His wife, Sandy Enger, is the daughter of Clarence E. Ferris and Marilyn J. Ferris. She, however, will also not have any involvement with the bowling alley whatsoever. He is not now living with his wife and their inten- tion is to obtain a dissolution of their marriage. 6. Clarence E. Ferris will also not be employed by the bowling alley for any reason whatsoever. Further affiant saith not. ,~' Lyle S. EngerJ Subscribed and sworn to before me "thi~:~~~817~h day oj~ January,~?82. ~~-- -~-- :<-----~/~ _ Notary Public`. %:~Jl,~.~, HENNEPIN COUNTY ~'~ ..... My Commission Expires Sept. 25, 1987~ TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Building Official January 8, 1982 Arcade License and Structure at 5571 Auditor's Road I have made an inspection of the building at 5571 Auditor's Road on Monday. Yesterday afternoon, Mr. Watson came to City Hall to discuss his plans with me to improve the building. He explained that he has an option to buy the building; but presently, he is renting approxi- mately 1,000 square feet. There is a common wall between two parcels at the present time; the auto body shop (H-4) next door and the gener- al business use (B-2) in Mr. Nolan's building. I must require~a one hour rated door, self-closing device, proper hardware and rated frame be installed in the common wall. ~Fire extinguishers shall be placed in each rental area.~Two useable exits to be provided for each rental area.~.A one hour fire rated separation be maintained between the boiler/heating/cooling equipment and the exit way in the upstairs with make-up outside air provided to the heating equ'ipment.~,,Each rental area should have accessibility to rest room facilities. I suggested to Mr. Watson~that the walls be finished between the rental areas with a minimum of I/2 inch sheetrock and the possiblity of in- stalling sound proofing material such as sound board, insulation batts or equivalent~ ~.The building, ~, must meet energy code re- quirements for walls and ceilings and the heating zoned for each rental area.~Heat loss and energy calculations will be submitted at that time. Mr. Watson stated that he has someone working on design concepts at the present time.~ A survey of the property showing adjoining structures will be required at the time it is remodeled. Jan Bertrand JB/ms cc: Tom Watson James "Bud" Nolan TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Building Official January 8, 1982 Arcade License and Structure at 5571 Auditor's Road I have made an inspection of the building at 5571 Auditor's Road on Monday. Yesterday afternoon, Mr. Watson came to City Hall to discuss his plans with me to improve the building. He explained that he has an option to buy the building; but presently, he is renting approxi- mately 1,000 square feet. There is a common wall between two parcels at the present time; the auto body shop (H-4) ~t door and the gener- al business use (B-2) in Mr. Nolanls building.~f-~l must require a one hour rated do~r, self-closinq devj~e~ proper hardware .~nd~ated fram~ be'~nstalled in the comm~ire ex~inguisher~sl~all~be pla~e~d ir~-~azj~ rental area.(~l~o useable exits~ovided for each rental a~.~:~)A, o~e ~.r~e~ C~t~ed ~-~ration be m~lintain~d b~rw~en bo.i_l~e'/6e~ti~g/cooling equipment: and the exit way in t~upstair~With make-up outside air provided to the heating equipment~...~'-~,~ach rental area should have accessi~bility to reSt room facilitie~", I suggested to Mr. Watson~that the wails be finished between the rental areas with a _minimum of 1/2 inch sheetrnek ~nrl the p~ stalling sound Proofing material such as sound board, insulation harts or._ ~qu i ~Ta~ enl:~;~he bu i 1 d i ng~, i£..re_.mode~ed~ must meel; ener,cty code _re- quirements fo~ ~'i~'S and ceilings and [he heating zoned for each r_~._DJ~l area. Heat loss ~od energy calculations w~ll be ~m~tted at that t~me. Mrna'. Watson sta~ed t~at he has someone working on design concepts at the present time.~(~)~A su~ of t__he property showing adjoining structures will be required at that ii remodeled.. Jan Bertrand JB/ms cc: Tom Watson James "Bud" Nolan Councilmember moved the following resolution. RESOLUTION NO. RESOLUTION TO APPROVE THE SPECIAL USE PERMIT FOR THE ARCADE (TOM WATSON) WITH STIPULATIONS WHEREAS, a Special Use Permit was granted to Tom Watson to operate an Arcade, and WHEREAS, at the time said Special Use Permit was granted a list of conditions were imposed including a provision that the License be granted for only 60 days, and WHEREAS, the sixty days has passed and it appears that the operation of the Arcade is serving a community purpose by providing a healthful activity for the youth of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. The Special Use Permit granted on October 13, 1981, is hereby extended for one year to January 1, 1983. 2. This permit is granted upon the condition that all provisions contained in the ~r~g~l.,~pp~o~al and in Chapter 36 of the City Code~r~c~~-a~d finished by February l, 1982. The City Manager is to report to this Council on February 2, lg82, as to compliance with these conditions and with Chapter 36. 3. If all provisions and conditions are not completed by February 1, 1982, this Council will immediately commence proceedings to revoke the license. Resolution duly seconded by Councilmember Voting in favor thereof: Voting against same: December 29, 1981 TO: Jon Elam, City Manager FROM: Chris Bollis SUBJECT: Tax Forfeited Land Classification List 661 NC I have visited all the property on the tax forfeiture list supplied by the County. The following is a review of those parcels: PID 25-I17-24 0097 & 0098; Lots 15 & 16, Block 19, Devon - Slightly sloping lots in residential area. The area is zoned A-2 Residential -6,000 sq. ft. required; as platted the parcel contains 6,400 sq. ft. I see no City use of the property at present. PID 24-117-24 43 0049; Lot 15, Block 9, Whipple - This lot is in the marsh area near A1 & Alma's. The City owns some wetland adjacent to it. Recommend City keep for wetlands. PID 25-117-24 12 0062, 0063 & 0064; Lots 27, 28, 29 & 30, Block 9, Whipple - Thickly wooded steep lot, most of which is in marsh. City owns most of marshland around this par- cel. Recommend City keep for wetlands. PID 13-117-24 12 0026; Lot 22, Block 2, Dreamwood - Level lot in residential area. Zoned Residential B, 6000 sq. ft. required; as platted the lot has 3,200 sq. ft. I can see no City use at present. mately 4,445 sq. ft. Chris Bollis Park Director PID 13-117-24 ll 0091; Lot 9, Block 24, Shadywood Point - Long narrow level lot in residential area. Zoned A-1 lO,O00 sq. ft. required; as platted this lot has approxi- I can see no City use at present. CB/ms HENNEPIN DEPARTMENT OF PROPERLY TAXATION A606 Government Center Minneapolis, Minnesota 5 5487 December 22, 1981 City of Mound Mary Cronin, Clerk 5341 Maywood Rd. Mound, MN., 55364 Dear Ms. Cronin: EnClosed is a Classification List of non-conservation land in Hennepin County. The described parcels forfeited to the State of Minnesota for non-payment of real estate taxes. · As provided in Minnesota Statutes 282, we ask that your Council approve the public sale of these parcels. Parcels may be acquired for public use purposes pursuant to Minnesota Statutes 282.01, Subdivision 1. If it is the intent of- the Cohncil to acquire parcels for public use purposes, this should be done by resolution stating the use to be made of the parcels. Please also make two separate certification lists as follows: 1. All special assessments cancelled at the time of forfeiture which may be reassessed after the property is returned to private ownership pursuant to Minnesota Statutes 282.02. (Also note: M.S. 429.07, Subd. 4; M.S. 435.23 and M.S. 444.076.) 2. All special assessments that were levied after forfeiture pursuant to Minnesota Statutes 282.01, Subd. 3. We are asking that this matter be considered by your Council at its next meeting. After action has been taken, please return to us certified copies of the Council's action by February 1, 1982. If you have any questions, you may contact us at 348-3734. Sincerely, Vernon T. Hoppe Director of Property Taxation 8y , Mar~e A. Kunze Tax Receivables Division Manager MAK:jmb Enclosure cc: Ed Richter~ Dir. ~ HRA HENNEPIN COUNTY an equal opportunity ~mployer TAX-FORFEITED LAND CLASSIFICATION LIST .66~ NC ~. DISTRICT 85 PLAT 37870 37970 61580 61980 PARCEL 7625 7650 1150 1380 1400 1430 1100 9040 MOUND ADDRESS 4940 Crestview Rd PID 25!-117-24-11+0097 i : 0098 '131-117-2 13~117-~ I 1270062 0063 0064 4-12'0026 4-11~0091 FORF. DATE 10-20-8 7-10-72 10-20-8 7-10-72 10-20-81 APPLICATION i'OR STREET VACATION CITY 01" MOUND LEGAL DESCRIPTION OF PROPERTY OWNED BY APPLICA~T: PL~T.~ ~010 ~ARC~L SUBDIVTS~ON '~'-I - It ? - ~y-~,/-~ Residents an~ owne~ oz proper~y ~utting the street to be vacated: Recommended by Utilities: NSP ; Recommended by City: Public Works Police Chief Planning Commission Recommendation: Minnegasco ; Continental Tel. See lette~ Fire Chief ; Engineer dated 12-11-81. Denial of the street right-of-way vacation. Council Action Date December Iq, 1981 Resol. No. Date Planning Commission Minutes December 14, 1981 - Page 2 Hanson feels that as a group, the Planning Commission has not put in enough effort and study on this matter; not ready to make a recommendation on whether or not property should be rezoned. Side Yard Variance for Garage at 1673 Canary Lane Lots 6 and 7, Block 5, Dreamwood Applicant could not be present at this meeting and had called asking that this be considered at a January meeting. City Inspector explained that the new garage would have to have a minimum 5 foot separation from the existing detached garage. Talked of asking if the existing garage could be relocated and the proposed new garage be built only 18 feet wide; then a variance would not be required and property would meet the zoning code. Discussed new "Zoning Ordinance" briefly. On Page 42 (Section 1620.7 Subsection 5K4)---add "more than" three (3) stories shall be equipped with at least one public elevator. All in favor of the addi- tion except Pauisen against. Building Inspector would like addition to Section 1716.3 of parking areas for improved circulation plan and easy flow for the Fire Department. 3. Street Right-of-Way Vacation (Part of Lots 20,21,22 & 23, Block 26, Wychwood) Applicant, Duane Schaller was present. City Manager explained that the 30 foot wide strip on these lots was taken when they were tax forfeit for future widening of Brighton Boulevard to MSA standards. Other land on Brighton Boulevard has also been acquired. Mr. Schaller is hoping to have 20 feet of the 30 foot right-of-way vacated and to build a horseshoe drive on these lots with enough area left for a duplex to be built at some future time on Lots 21 and 22. Also would like to acquire City owned Lot 14 and part of Lots 15, 16 and 17 as a future building site which would access off the horseshoe drive from Lot 20. The proposed duplex would have tuckunder garages. Vargo moved and Weiland seconded a motion to recommend the denial of the right-of-way vacation requested. All voted in favor of the denial except O'Donnell. O'Donnell does not think it is feasible to have a 60 foot MSA street here as too many houses would have to be torn down. The Planning Commission reviewed letter to be sent to Hank True]sen. It was agreed to change phrase in letter to read, "a rather rustic cabiny looking community". Letter was then signed by Commissioners present. ADJOURNMENT Weiland moved and Hanson seconded a motion to adjourn the meeting. All in favor, so adjourned to the next meeting which will be January lt, 1981. Attest: qSJOUd I10 ~, ~13olq' I£ ~'(3~ NOl_d~ G8 --QNRO~ - [ Z")~ - N01~I McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS I LAND SURVEYORS · PLANNERS December 11, 1981 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Subject: Mound, Minnesota Release of City Owned Property P.I.D. #24-117-24 41 0165 South 30 feet of Lots 20, 21, 22, and 23, Block 26, Wychwood File #2113 - General Dear Jon: This property was most likely obtained by the City of Mound from the State as tax forfeit land. Brighton Boulevard is on the Municipal State Aid System and some time in the future most likely will be upgraded to M.S.A. standards. The existing right- of-way of Brighton Boulevard is only 30 feet wide. One of the requirements would be widening of the present road, which means this property would be needed at that time. The City also owns other parcels along Brighton, particularly in Blocks 36, 37, and 38, which will also be required in the future. It would be our recommendation that the City not release this property for sale at this time. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. J~hn Cameron ~ JC:sj Minneapolis- Hutchinson - Alexandria - Eagan printed on recycled paper HIGHLAND PARK COMMITTEE A meeting was held Sept. 23 at the Mound Depot, Center of the Highland Park Development Committee. The last survey sheets we.re gone ove and a list of priorities were established. 1. Tot I0ot 2 Slide & Sewer Pipes 3. Tennis Court 4. Basketba.~ ? 5 Shelter A formal plan of the Park was discussed and passed as to where the equipment should be placed. Following is a rough sketch of the Park and placements. A baby swing will be added to existing swing set. Benches will be added this year to skating rink. Digging will be done around existing equipment and a layer of sand added.. Councilmember moved the following resolution RESOLUTION NO. RESOLUTION CERTIFYING ASSESSMENT TO THE COUNTY AUDITOR FOR REMOVAL OF A HAZARDOUS DWELLING ON LOT 9, BLOCK 24, SHADYWOOD POINT (PLAT 61980 PARCEL 9040) PID # 13-117-24 11 0091 WHEREAS, the partially burned structure on Lot 9, Block 24, Shadywood Point (Plat 61980 Parcel 9040 - PID # 13-117-24 11 0091) also known as 4940 Crestview Lane, was determined to be unsafe and a hazard to the public health and safety, and WHEREAS, the City had a Court Order providing that the structure on Lot 9, Block 24, Shadywood Point, may be razed and removed from the premises on or after January 15, 1981, if it has not been removed by the owner, and, WHEREAS, the structure was not removed prior to the January 15, 1981 date and the City requested the Fire Department to burn the building for train- ing purposes and bids were sought for the removal of the debris and filling in basement area with the lower bid being in the amount of $350.00 from Illies and Sons, and WHEREAS, the Court Order authorizes that any costs incurred by the municipality shall be a lien against said real estate and shall be collected and paid as provided in M.S.A. 463.21, M.S.A. 429.101, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the assessment of $/~ for Hazard Removal on Lot 9, Block 24, Shadywood Point (PID 13-117-24 11 0091) be certified to the County Auditor for collection with taxes. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor City Clerk JUDICIAL DISTRICT In re the I-latter of a certain 4940 Cresrview Road, Mound, Mfixz~esota ORIER TI~ above ~.mtter having cone before this Court on the /~/'/{ day of h~cember, 1980 pm~st~mt to Motion of the City of Mound, ?oomas F. Unde _r~_._, Esq.appearia~g for thc, City ,wnd no one appe~ring in opposition thereto, and this Oourt lzaving considered the nmving paaers r~ad t,eing fully a&.-ised of thc nature of the proceedings, does rrake the 1. ~he Order of the CiLy of Fbund &nted Septc~oer 4, 1980, served x~von Gerald Reichle on October 20, 1980 is hereby ,affirmed in all reslx'CtS. 2. That tJ~e structtwe described in said order may be razed ,~nd removed frown the, prerrdses legally described ,as: Lot 9, Block 24, Shad~ Point, Hennepin County, Mhnnesota on or after 3;un['~ry 15. 1981, if it I~'m r~t l~t~ rc~omd ,~nd said order fully ccxnplied with prior to said date. 3. Tr,at any costs incurred by the manicipality including reason,able attorney's fees, shall be a lien ~:ainst said real estate ,md shall be collected ;md p:~id ;m providt:d in !I.S.A. 463.21, M.S.,\. ,;29. 101. IT IS SO OR~SPd..'D _19_80... J_,.s./_ha~d R_ Tt, sl io .]u,~c[ge of the District · ' .~ "'"' /Z f REMITIANCEV~.CHER I I 1 NO. : ! I VEttD .... It is expressly stipulated and agreed that the undersigned shall not _.be~held liable~Caam~.~..~c..~.-. ____._.:~d any underground including pipes, elecLrical wiring and etc. ' ............ - -- ~.e ~t' hereby to furnish m iai and labor ~ complete in accordance with above sp;ecifications, for the sum (ment to be made as ~allows: .. ~ C' T[~MS: Acco~nt~ ~ot ~ld in ldll I~ ~ day~ ar~ ~u~j~ct lo a ~nc~ cka~ ol 1% p~r ~o~nnual manner according to standard praaicei Any alteral~on or deviation from above specibca. Authorized · xtr, charg ..... 'nd a~ve the est,mate. All agreement .... tingentu~nst,ikes, accide~ g ature or delay~ beyond our control. Owner to carry fire. tornado and other necessary Insb;, .;ce. Our ~rkers are tully covered by Workmen's Compensation Insurance. J rrepta.re of roposal --The a ove p,ices.. ec.,ca,io.s and condilions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outhned above. Note: This proposal may be ~ withdrawn by us if not accepted within._____-~ ~.-.'' ./ Signature CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 5536~ (612) 472-1155 December 10, 1981 Mr. Orval Fenstad 4366 Wilshlre Blvd. Mound, MN. 55364 Dear Orval, The Mound City Council would like you to attend the January 12, 1982, Council Meeting. The reason, I believe, is to discuss Mound's concerns with L.M.C.D. as it relates to the mandatory dues the city is required 'to pay. Your views as to the value the L.M.C.D. brings to Mound and the effective- ness of our dues are the questions ! am sure will come up. It seems to be the contention of the Council that during these economic hard times, that State Mandates should be reduced, and if money is to be collected, it be done through a system such as the watershed district, instead of a fixed dues totally payable out of the City's General Fund. Hope to see you on the 12th of January. SincerelY, CITY OF MOUND Jon Elam City Manager JE:fc PROCLAMATION ['&~ WHEREAS: The Minnesota State Council of the Knights of Columbus is ~,~.,~ conducting 2nd Annual Tootsie Roll Drive, and Council of the Knights of Columbus is conducting the Drive ~-~ · in our area, and ~ WHEREAS: The proceeds from this Tootsie Roll Drive are to be dispersed ~,~ statewide and in accord with an approved list of recipients '~.*~ to help retarded citizens, NOW, THEREFORE, I, Mayor of the City of do hereby proclaim April 30, May 1 & 2, 1982: "TOOTSIE ROLL DAYS" In and urge all citizens to support this program. Signed: A. THOI,4A5 WUI~ST floERALD T, CARROLL THOMAS F. UNDERWOOD ALBERT FAULCONER T~ JAHEB D. I-ARSON LAW OFFICES WURST, CARROLL & PEARSON MINNEAPOLIS, MINNESOTA 55402 December 30, 1981 TELEPHONE (612) 338-~9ll Mr. Jon Elam City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Jon: Pursuant to your request, I have revised the Minnegasco franchise. A copy is enclosed for your review. JDL:cnm Enclosure Very truly yours, James D. Larson ORDINANCE NO. CITY OF MOUND, HENNEPIN COUNTY, MINNESOTA. All ord[ll;llico grail[ ill).', Milln(.:;~)l:l (;:1:; (~().l]);llly. :l Ih.law;irc and assigns, a nonexcJusJve fr;.~chisc Lo COIlSLFtlC[~ operate, repair and mintain facilities and equipment for thc transportation, distribution, manufacture and sale of gas energy for public and private usc and to use thc streets, alleys, public ways and public grounds of the City of Mound, Minnesota for such purposes; and prescribing certain tems and conditions thereof. TIlE COUNCIL OF TIlE CI.TY 01" MO[INI.} I)OI':S ORDAIN AS I,'OI. LOWS: SECTION 1. DEFINITIONS. 'l'lic following terms shall mean: 1.1. COMPANY. Minnesota Gas Company, a Delaware corporation, its successors and assigns. 1.2. CAS. Natural gas, manufacturcd gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.3. MUNICII~ALI. TY, MUNICII'AL COUNCIL, MUNICII'AL CLERK. In this Ordi- nance Municipality, Municipal Council, and Municipal Clerk mean respectively, the City of Mound, the Council of the City of Mound and the City Manager of the City of Mound. If at any time the powers of the City, the City Council or the City Manager shall be transferred to any other autl,~rity, board, office or officers, then such authority, board, ofl-lccr or officers slmll have the rights, powers and duties herein given to the City, the City Council and the City Manager, respectively. SECTION 2. GRANT OF FRANCHISE. There is hereby granted to the Company, for a period of 1 year, the right to import, manufacture, transport, distribute and sell gas energy for public and private use in the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the streets, alleys, public ways and public grounds of tile Municipality, all facilities and equipment used in connection therewith, and to do ali things which are necessary or customary in the accomplishment of these objectives, subject to the provisions of this Franchise. 2.1. EFFECTIVE DATE; WRITTEN ACCEPTANCE. This Franchise shall be in force and effect from and after its passage anti publication as required by law and its acceptance In writing by I1.. C~,,.lmny fl lcd wlth Lhc Mtmlclpal Clerk. The Company shall, if it accepts ii,is Franchise and tilt' rights hereby granted, file a written acceptance with tile Municipal Clerk within 60 days after publica- tion. 2.2. NONEXCLUSIVE FRANCHISE. This is not an exclusive franchise. SECT ION 3. C()NI)I'I'I()NS ()l" .'-;'I'I{I':I';T IISI,:. 3.1. USE OF STREETS. Ail utility facilities and equipment of the Company shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary traffic and travel upon the streets, alleys, public ways and public grounds of the Municipality, and shall be subject to those permit conditions the Municipality has adopted. The Company shall provide field locations for a;1 its m~dergrcmnd facilities when requested within a reasonable period of time. The period of time will be considered reason- able if it compares favorably with the average time required by the cities in Hennepin County to locate municipal underground facilities for the Company. 3.2. STREET OPENING. The Company shall not open or disturb any street or public place for any purpose without first having obtained a permit to do so from the proper City officials. The mains, services and other property placed in the streets and public places pursuant to such permission shall be located, if possible, in the streets or portions of the streets and public places as shall be approved by the City. The Company shall, upon completion of any work requiring the opening of any street or public place, or during construction if ordered by the City, restore the same, including the paving and its foundations, to as good condition as formerly and shall maintain the .same. for two (2) years thereafter in good condition. Said work shall be performed w'itll duc. diligence and If tile Company shall fail promptly to perform and complett, tl~e work, to remove all dirt and rubbish and to put the street or the area adi;~cent to the street in good condition, the City shall have the right to put tile street or public place In good condition at the expense of the Company; and the Company shall upon .demand pay to the City the cost of such work done for or performed by the City. Notwithstanding the foregoing provisions of this section, the Company n~'~y open and disturb the surface of any street without permission where an en~2rgency exists requIring immediate repair of a gas main or gas service. The Company In such event will report such action not later than the second working day thereafter and in such form as required by the City. No street opening may be made unless adequate traffic control measures are provided. 3.3. RELOCATION OF UTILITY FACILITIES. The Company shall relocate its facilities or equipment at its own expense whenever the Municipality in the proper exercise of its police power shall grade, regrade, change the line or otherwise improve any street, alley, public way or public ground or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, order the Company to permanently relocate its facilities or equipment located in said street, alley, public way or public ground. The Municipality shall give the Company reasonable notice of plans requiring such relocation. 3.4. RELOCATION ~IEN S'I'Rlql';TS VACATED. The Municlpality may not order the Compauy to relocate any of its facilities or equipment when a street, alley, public way or public ground ~s vacated unless the reasonable cost of such reloca- tion and the loss and expense resulting from such relocation are first paid to the Company. SECTION 4. INDEMNIFICATION. The Company shall ~ndemnify and hold harmless the Municipality, its officers, employees and agents from all liability on account of injury to persons or damage to property caused by the Company's construction, maintenance, repair or operations in the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its officers, employ- ees or agents. SECTION 5. TERMINATION OF Iq{ANCIIISE. If Lilt. Comp:my is In default in the performance of any material part of this Franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council, may, by ordinance duly passed and adopted, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and specify the provision of this Franchise under which the default is claimed and state the bases therefor upon all material issues relative to such default. Such notice shall be served on the Company by persona]ly delivering ~t to an officer thereof at its principal place of business. ~]~e rt~asonableness of any ordinance declaring a termination of the rights and privilege granted by this Franchise shall be subject to judicial review by a court of competent jurisdiction. SECTION 6. PUBLICATION EXPENSE. The expense of publication of this Franchise Ordinance shall be paid by the Company. SECTION 7. OTHER EXPENSES. Any expenses reasonably incurred by the City, including engineering and legal expenses, in responding to Company requests shall be reimbursed by the Company within 30 days of the City's written request for reimbursement. SECTION 8. ORDINANCES REPI.:AI.I.:I). All other ordinances or portions of ordinances inconsistent herewith are hc. reby repealed. SECTION 9. ASSIGNMENT. The Company, upon notlce to the Municipality, shall have the right and authority to assign all rights conferred upon it by this Fran- chise Ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and pro- vis5ons of this Ordinance. SECTION 10. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this Franchise. Any govern- mental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the righs and obligations of the Municipality provided in this Franchise. ~ SECTION 11. NOTICE. Any notice required under this Franchise shall be in writing addressed as follows: If to Municipality City of Mound 5341 Maywood Road Mound, Minnesota 55364 Att~q~t[on: City Managt~r If to Company Minl~.suta Ca.~ Comp;my 201 St,w. nth Strt, et South Minneapolis, Minnesota 55402 Attention: Manager, Metro Central Region Passed and approved ATTEST: Mayor of the City of Mound, Minnesota City Manager of the City of Mound, Minnesota January 7, 1982 CITY of MOUND 5341 MAYWOGD ROAD MOUND, MINNESOTA ~q 5~64 (612) ,472-1155 TO: FROM: CITY COUNCIL J0N ELAM, CITY MANAGER As a late Christmas present, Howard L. Kaplan, the attorney for Donald Sears of Sears Imported Autos, Inc. gave the City a late Christmas present. This consisted of the receipt of two lots (Lot 13 A and Lot 13B in Brookton Addition). As you will note on the enclosed map, these are both good sized parcels that meet ali the requirements for zoning. It seems to me the obvious reason Mr. Sears gave the land to the City is because the cost of the special assessments against the lots far exceeds the County's assessed value of $500.00 per lot. The special assessment record for Lot 13A (PID #14-117-24 31 OO13) is as follows: 1965 - SanitaFy Sewer 1966 - Sewer Lateral 1969 - Brookton Park Assessment 1980 - Street Improvement TOTAL Orginal Amount Balance 292.00 29.20 1,206.23 386.00 131.18 8.75 6,798.35 6,798.35 Paid $8,427.76 $7,222.30 $1,205.46 Lot 13B (PID #14-117-24 31 0014) 1965 - Sanitary Sewer 1966 I Sewer Lateral 1969 - Brookton Park Assessment 1980 ~ Street Improvement 292.00 29.20 1,144.40 366.24 174.09 11.61 7,121.56 7,121.56 TOTAL $8,732.05 $7,528.61 $1,203.44 Together, $14,750.91 of special assessments are outstanding against the lots. By accepting these lots, we will have to pick these up, unless we choose to try and resell the properties. To do that it would seem we would need to first do some soil test on the lots (they are very low) then bring in some fill and prepare them for sale. This cost may mean an additional $1000 to $2000. The questions then is , is this' worth undertaking another new project, to release the Sears of their responsibilities. Perhaps we should try to entourage them to do what we might do? Maybe we should integrate these lots into the Brookton Park? Please give me some suggestions. JE:fc RICHARD D. GOFF HOWARD L. KAPLAN J. PETER WOLF MORRY N. ROTHSTEIN LAW OFFICES ROTHSTEIN, WOLF, KAPLAN ~ GOFF 2~OO AMEI~ICAN NATIONAL BANK BUILDIN~ ~AINT PAUL~ MINNESOTA 55101 LEGAL ASSISTANTS MAGGIE DUNN CAROL McNAMARA December 28, 1981 City of Mound Mound, Minnesota Attention: Real Estate Department Gentlemen: I am enclosing herewith a Quit Claim Deed executed by my client, Sears Imported Autos, Inc., wherein certain property situated in the City of Mound is being conveyed to the City of Mound for use in any manner which the city deems appropriate. It is my understanding that this property is adjacent to an existing park, and, if appropriate, we are presuming that it will be utilized for that purpose. However, should the city deem it appropriate to utilize this property in any other manner, it is obviously free to do so. I am presuming that the city will have the Deed recorded at the earliest opportunity and advise me of the date which it has been recorded. Should you have any questions, please feel free to contact me. Very' truly yours, HOWARD L. ~~ HLK:cam enc. cc: Sears Imported Autos, Inc. Corporation t~ Individual. ]~Or~). NOo ~0 Mtnnilots Uniform Convey.nclng Bhlllkl (1131) a ~orporation under the laws of the 8tare __The C i.t~Y-~, f._Llmm~l.,.._ $.I: a ~:.¢_o.f_/,linn a aQ.t~a.~ .... party of the first part, and uf the County of._...llennepin ................... and Stat~ of__..M.~n._n_.B...s..9.~.a_ ............. part..-v- ........... ~o/ the second part, '~fl~Jgh~, That thc said party vf the-first .~a~rt, Ln ron~id~ration of ti~ tun* of ..Qn ~."~g~r-.~a~n.~d.~-~.q~..h~e~..~q.~d~-~a~n~-.Y~.~A~..~.~;~9~:7~:~L:~:.~z~ n $' to iL. in hand p;id bi~ the s~id part....~ ........ of the second part, the receipt whcreof i~ herebi/ acknowledged, does hcreby Grant, Bar~ain, O~titclaim, and Convey unto the said part~__ ~f the sccond part ........ hcLrs and a~s.;L~n% Forever, alt th~ tract ................. or parcel .............. of land li/inff and l, ein~ in the County ......... Hennepin ......................... and State of Jfinneaota, described aa follows, to-wit: Lot '13A and Lot Z3B in Brookton Addition in the City of Mound, and State of Minnesota. (Identified on the tax rolls as ID14-117-24310014-24310013) STATE DEED TAX DUE: ~0 ~l~abg anb ia ~oll~ flJt ~amt, Together wisk ail thc hered~aments and appu. rtenan~cs t~- ~n~ bel~n~in~ m' in anp,'i.~c appertain~n~ fo the said part.....~. ................. o/the second part,....~.~.~ ..... heirs a~ ~gnt, Forcver. 0 Presence ~n ~gz/imon.p ~ll3zrzof, Thc said first pa,Y?/ has cai~cd th~e pr~cnts ~ be c.~u~d ~a Lts ~r~rate name bp ~ts ........... ~~x~ the d~p and year first a.~v, ~wit~g. ~U~IS~T .YNWO00 SEC 2 LA IGDON B-Duplex ~ 12,0(0 ~ultipleLb Class-letter tn etrc~ i ~ub Clas~-letter tn ~ndUstrLal' Councilmember moved the following resolution. RESOLUTION NO. 82- RESOLUTION REVISING THE !~82 BUDGET AND SELF- SUPPORTING FUND EXPENSES ADOPTED IN RESOLUTION #81-301 WHEREAS, the 1982 Budgets for the General Fund and all Self-Supporting Funds were adopted by Resolution #81-301 on September 10, 1981, and WHEREAS, the State of Minnesota is anticipating a cut in 1982 Local Government Aid, and WHEREAS, Minnesota Statutes 412.731 allows the Council to reduce the sums appropriated by the budget resolution, and WHEREAS, Resolution 81-394 created the Special Area Fire Service Fund from which ali expenses of the Mound Fire Department operation shall be paid (formerly included in the General Fund). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: To adopt the following revised ]982 General Fund and Area Fire Service Fund as follows: Originally Revised Adopted 1982 Revenue 1982 Budget Budget Taxes Intergovernmental Licenses & Permits Fines & Forfeitures Charges for Services Miscellaneous Total Revenues Transfer from Liquor Fund Total Revenues & Transfers Expenditures Council Manager Elections Assessing Finance Parks, Planning & Inspection Legal Police Fire Civil Defense Streets Shop & Store Total Expenditures Transfer to Area Fire Service Fund Transfer to Fire Capital Outlay Fund Total Expenditures & Transfers 741,084. 741,O84. 330,254. 356,397. 67,585. 67,585. 45,OOO. 4O,OOO. 6,850. 66,450. 13,300. 13,400. 1,204.O73. 1,284,916. 50,O00. 40,000. 1,254,O73. 1,324,916. 25,600. 26,1OO. 81,732. 82,449. 8,550. 8,550. 35,540. 35,540. 94,538. 115,527. 163,856. 166,134. 39,400. 26,800. 419,880. 440,677. -O- 121,O50. 1,000. 1,000. 278,091. 283,093. 19,793. 19,796. 1,167,980. 62,946. 8,320. 1,239,246. 1,326,716. 1,326,716. AREA FIRE SERVICE FUND Revenue Charges for Services Transfer from General Fund 58,000. 62,946. 120,946. Operating Expenditures 121,050. ADVERTISEMENT FOR BIDS: SIDEWALK SNOW BLOWER / SWEEPER The City of Mound hereby solicits bids for the purchase of a sidewalk snow blower/sweeper. Specifications require that it have a diesel engine, articulated frame, rubber tires, all wheel drive, and be capable of working on a 5' wide sidewalk. Attachments should include a front.mounted snow blower, regular and truck chute, and an angle sweeper. A complete set of specifications is available from the City Clerk, City of Mound, 5341Maywood Road, Mound, Minnesota 55364 or 612/472-1155. Sealed bids will be opened at lO:O0 A.M., February 9, 1982, by the City Clerk, City of Mound in the City Hall. Publish in The Laker January 19, 1982 General Revenue Sharing Administrative Notes · Payments. The next revenue sharing payment will be made on January 8, 1982. This will be the first quarterly payment for Entitle- ment Period 13 (October 1, 1981 - September 30, 1982). · Aufllt deaflline. Revenue sharing recipients who had their first revenue sharing audit for their 1977 fiscal year are required to have the next audit for revenue sharing purposes conducted for their fiscal year ending in 1980. In May ORS notified those recipients who were subject to this 1980 audit requirement. Recipients who were required to have an audit for FY 1980, must submit their audits to ORS or the appropriate state agency by cember 31, 1981. Revenue sharing exempted from 4% cut in continuing resolution A resolution to keep the federal government operating past December 15 has been approved by Congress and signed by President Reagan. The continuing resolution (H.J. Res. 370) calls for a four percent across-the- board cut in most domestic spending programs for FY 1982, but specifically excludes revenue sharing, benefit entitlements, food stamps, veterans' medical care and certain law enforce- ment programs from the reduction. As passed by Congress, the resolu- tion requires approximately $4 billion in further reductions in the FY 1982 budget--less than half of the amount the President had requested in Sep- tember. Key Republican leaders aegotiated the compromise with the President, after earlier efforts in November to pass a continuing Expansion of revenue sharing considered by President Reagan tobacco products back to states. The third option would increase the gasoline tax and return the increased amount over to the states and local governments However, officials say that increasing revenue sharing may be the best option politically. While many state and local officials and members of Congress went along with Reagan's initial budget reductions, many sharply criticized the additional cuts the President proposed in September. The September proposals called for a 12 percent across-the-board reduction in many federal assistance programs, including revenue sharing. A major criticism focused on increasing re- (continued on page 8) The future of the revenue sharing program may be looking brighter as reports are circulating around Wash- ington that President Reagan is considering increasing funding for the program. Recently, it was reported that the President is examining three options for returning moneyto states and local governments. One possibility, according to Administration sources, is to expand the general revenue sharing program and include states once again. Along with this option, certain additional federal grant pro- ,~grams would be eliminated and part ~f those funds would be added to revenue 'sharing. Another option being considered is returning the federal excise tax on resolution ended with a Presidential veto and a partial closedown of some federal government operations. The continuing resolution will provide funding for government agencies through March 31, 1982, and regular appropriation bills for FY82 must still be passed by Congress before the March deadline. The President has indicated that he would veto any appropriation bill that does not come within the spen~ling levels contained in the continuing res61ution. HUD appropriations bill The revenue sharing program is included in the HUD arid Inde- pendent Agencies appropriations bill (H.R. 4034) which has now been approved by Congress and sent to the President. The bill contains a four percent across-the-board cut in certain programs; however, the revenue sharing program was spe~i, fically exempted from the reducffon. It is uncertain whether or not the Presi- dent will sign the legislation, s!nce the spending levels would 'exceed the amounts contained in the con- tinuing resolution. If the President does sign the bill, the allocations for Entitlement Period 13 will be safe. Inside... · Key Republican senators dis- approve of further cuts' in federal programs fOr state and ~local gov- ernments, page 3. · National Conferenc~ of sta~e Legislatures urges co'rYtinuati0n of revenue sharing, pa~;e 5. · Seven New Jersey cities be- come townships for more revenue sharing funds, page 6. NEWS BRIEFS O Role of ACIR and The role of the Advisory Commission on Intergovernmental Relations (ACIR) in the Expansion Discussed Reagan Administration and expansion of the Commission to include smaller communities At Oversight Hearing and school districts were discussed at recent Congressional oversight hearings on ACIR. The hearing was held by the Subcommittee on Intergovernmental Relations of the Senate Committee on Governmental Affairs. James G. Watt, Secretary of the U.S. Department of the Interior and Chairman 0f the ACIR, said that he does not anticipate that the Commission will "rubber stamp" the new Administration's policies because its membership consists of such diverse and strong personalities. He did caution, however, that ACIR!s involvement in redefining federalism will depend in large measure on the participation of its members, particularly those from the Congress. Other issues discussed included the advantages and disadvantages of enlargirig the ACIR membership to include representatives from small communities and school districts. The traditional rationale against expanding the ACIR membership, as summarized by Executive Director Wayne Anderson, is that the inclusion of townships and school districts would violate Congressional criteria used to form the Commission, namely, that no special purpose or single purpose units should be represented. The Commission's position has been that inclusion of members from either school districts or townships would conflict with ACIR's founding principles. Bart Russell, Executive Director of the National Association of Towns and Townships, however, advocated the need for better representation of small communities at the national level and stated that the blatant omission of these communities from ACIR adversely affects over half of the citizens of the country. In his opinion, while local officials from smaller communities are at the front line of social and economic change, the Commission has not undertaken any studies looking at the changes taking place in these communities. Mr. Russell stated that representation on the Commission from this sector would help give greater attention to some of these overlooked issues. School districts also deserve to be represented on ACIR, according to Robert Haderlein, President of the National Association of School Boards, (NASB) because school district governments stand as equal partners when compared to other forms of local governments. ICMA Publishes Report The International City Manangement Associatio, (ICMA) has published a guide to tell On Handicapped Rules local governments how to make solid progress toward removing barriers and opening up For Local Governments opportunities for handicapped persons without spending large sums of money. The publication, "Beyond Paternalism: Local Governments and Rights of the Disabled," shows how to develop effective programs with strong community support and involvement without high costs and is written specifically for city and county administrators and staff. Major topics in the report include: general overview of Section 504 regulations; organization and staffing; architectural barriers; job opportunities; transportation; housing and community development; and attitude ' barriers. Copies of the publication may be obtained for $15 per copy from the International City Management Association, 1140 Connecticut Ave., N.W., Washington, D.C. 20036. A list of other publications and organizations which may provide guidance in complying with the handicapped requirements was published in the July 1982, Revenue Sharing Bulletin. December 1981 Revenue Sharing Bulletin VoL X, No. 2 Revenue Sharing Bulletin is published monthly by the Rcve.-,,e Sharing Advisory Service, 2120 L Street, N.W., Suite 210, Washington. D.C. 20037, (202) 872-1766. Subscription rates: $38 per year; multiple year subscriptions available at yearly rate; back issues available for $1.00 each. Publisher: Richard E. Thompson; Executive Director: Robert M. Lloyd; Editor: Daphne W. Musselwhite; Congressional Correspondent: Ralph Tabor. Ralph Tabor & Associates; Production Specialist: Michael Gerecht; Customer Service: Olga Podryhula. Copyright ©i981 by Revenue Sharing Advisory Service ISSN 0196-9536 Ail I~ ;~hts Reaerved '-- Revenue Sharing Bulletin is the exclusive trademark of the Revenue Sharing Advisory Service Key Republican senators part with President's plan Some key Republican senators have seemingly broken with the Reagan Administration's stance and have expressed disapproval of further cuts in federal programs for states and local governments. While the President's "New Federalism' plan cars for returning responsibilities to state and local governments and the resources to pay for them, several senators have said that the President's proposals for further reductions in state and local government programs go too far. According to David Durenberger (R-Minn.), Chairman of the Sub- committee on Intergovernmental Re- lations of the Committee on Govern- ment Affairs, the President's New Federalism, after one year is going sour. Speaking at the annual meeting of the National League of Cities in early December, Durenberger said that the budget reconciliation process has already created chaos in program management at the state and local level and that "one more round of this New Federalism--conducted in the frenzy of the budget process--will discredit the concept entirely." · . . one more round of this New Federalism--conducted in the fienzy of the budget process-- will discredit the concept entirely. -- Sen. David Durenberger Durenberger, referring to President Reagan's remarks that there would be more budget cuts and that governors and mayors must suffer a little pain along with everyone else, said that local governments have had more than their share of pain and suffering. He told the city officials that it was time to say, UNo more, Mr. President. Until you show us an income security policy that is fiscally secure.., until you articulate a defense policy that is something other than an arbitrary commitment to spending increases... until the federal partner can give us an :conomic policy that promises stable rowth . . . and, until you give us a vision of the federal role in the federal system, we want no part of the New Federalism." The Minnesota senator also noted that returning resources to state and local governments is not a simple matter of slashing Federal income tax rates, as was suggested by a Treasury Department official in October. He said, in fact, the tax cut has made it more difficult to finance state and local government. He further told the city officials that, 'we cannot know how much revenue to raise or how much money to spend until the role of the federal government is identified and that," he added, "is a policy problem, not a budget problem." Durenberger added that returning responsibilities to state and local government cannot be accomplished through "cut, cap and block." Budget cuts defended Senator Paul Laxalt (R-Nev.) a close friend of the President, also spoke at the NLC meeting, but unlike Durenberger, defended President Reagan's proposals for further cuts. "1 know that it has been suggested that there shouldn't be a mass return of responsibilities to states and local governments without an immediate return of the revenue resources needed to perform those responsibilities. "I reject that notion," Laxalt told NLC members. Laxalt, who is also chairman of the President's task fome on federalism, added, "Block grants are only an interim step on the road to the President's goal of terminating block grants altogether and having the federal government give up a portion of its taxing authority to states and local governments." the President's federalism requires that state and local leaders make . . . hard decisions regarding wl, ich of theprograms mandated by Washington ought to be continued within the re- sources available. -- Sen. Paul Laxalt Laxalt also noted that the President's federalism requires that state and local leaders.., make hard decisions regarding which of the programs mandated by Washington ought to be continued within the resources available." However, in talking to reporters after he presented his speech, Laxalt admitted that the budget cuts may have gone too far. According to the Washington Post, Laxalt told reporters that, in some states, govern- ments may be getting too much responsibility and not enough funding and that new sources of funding may have to be granted to states or adjustments may have to be made in the budget, if serious problems emerge. Cuts termed counter-productive At the National Conference of State Legislatures, (NCSL) meeting in December, Senator Pete Domenici (R-N.M.) also expressed disagree- ment with the President's budget cutting proposals by saying that enough has been cut out of programs for state and local governments and that more cuts in the budget would be counter-prod uctive. "I know that the constant revision of federal appro- priations plans has caused great · . . enough hgts been cut out of programs for state and local governments.., more cuts in the budget wouM be counter-pro- ductive. -- Sen. Pete Domenici difficulty for states and localities that deliver services funded through the appropriation process· I think you need some firm commitments from the federal level to reduce uncertainty and deliver effective programs to our citizens, "Domenici told the state lawmakers. Domenici asked the NCSLmembers if they were interested in offsetting some of the cuts in programs that provide direct fedem, l aid to state and local governments through increases in the general revenue sharing program. He also inquired if they thought tha. t enough congressional support could be generated by state and local government organizations to pass legislation which would accomplish this funding trade-off. qt4 Cities draw 'stark picture' on effects of budget cuts The United States Conference of Mayors (USCM) has published a survey of ioo cities to see how they are being affected by the federal budget cuts. The survey focused on such service areas as public transpor- tation, housing and community de- velopment, public assistance, waste water treatment, education, employ- ment and training, parks and recreation and public works. According to the USCM report on the findings, The FY82 Budget and the Cities, "The picture that emerges is stark." The results of the survey indicated that 60 percent of the cities are laying off workers; 41 percent have raised or will soon raise taxes; and a majority have reduced services substantially and deferred capital spending to try to absorb federal cutbacks. Revenue sharing The Conference of Mayors survey also asked the cities what budget adjustments they would have to make if general revenue sharing were reduced by 12 percent. In 60 percent of the cities responding, city officials. said that they would be forced to lay off workers if revenue sharing were cut. At least one-fourth said they would also have to increase taxes; and 70 percent stated that city services would be significantly cur- tailed. According to the report, "The keystone of the Reagan Adminis- tration's 'New Federalism,' general revenue sharing, has become an integral part of city budgets. It is clear that any cut in this program, which is widely supported by local officials, will have a major adverse result on city services and tax rates." State block grants When asked about the state block grants, the survey found that many cities were skeptical of direct state entitlement through block grants without adequate safeguards for city Oinvolvement in the development of allocation plans and priorities for the use ol' the block grant funds. "Many of the cities contacted said that consultation with the state had occurred only after decisions had been made and a program drawn up. Other cities said they had met with genuine lack of response even after initiating contact themselves and seeking information from the states." Also, cities had strong doubts that their needs would receive the same attention from their states as they have from .Washington. The report says that one major reason for this apprehension is a widespread belief that states will disproportionately cut the share of funds going to urban areas in order to provide coverage of some kind in every part of the state. Community development Most cities surveyed viewed the proposed 12 percent additional cut in the Community Development Block Grant program (CDBG) as partic- ularly serious. The cities said that services under CDBG have already been curtailed as a result of projected funding cuts. Additionally, nearly all the cities contacted stated that CDBG cutbacks would mean across-the- board reductions in activities such as capital improvements in distressed neighborhoods; reduction in the amount of housing rehabilitation; cutbacks in services Such as special transPortation for the elderly in target neighborhoods; and elimination or reduction of street paving and repaving programs in deteriorated areas. Education The USCM report states that, "Education services are being reduced in most cities across the country.. Layoffs are rampant. School lunches cost more. There are the impacts now--and the impacts in the coming months." According to the survey, the most dramatic impact of the federal cuts in education has been the reduction of services. Title I programs for the disadvantaged, bilingual education and programs for handi- capped students were cited as most frequently receiving the cuts. These reductions in special services could cause serious problems, USCM says, in view of the large numbers of disadvantaged and handicapped children presently being served by special programs, as well as the increasing numbers of non-English speaking immigrant and refugee children. Industrial revenue bonds According to the Mayors' report, tax exempt industrial revenue bonds have played an increasingly important role in city economic development efforts in recent years. However, the Administration has proposed reducing or eliminating the tax-exempt status for small issues,.which would have a serious negative effect. Also, requiring cities to match industrial revenue bonds with local f~nds would virtually end the program in most areas, the survey revealed. Other concerns The USCM survey results indicate that cities are concerned that additional cuts in federal operating assistance for public mass transportation will lead to cuts in service, decline in ridership and increased fares. And, with further cuts in the capital program, the most likely impact would be deferred purchase of new equipment, along with generally deferred maintenance. Another area of concern for the cities is the Environmental Protection Agency (EPA) Wastewater Treat- ment Construction Grants Program, which has paid for 75 percent of the costs to states and localities to meet clean water mandates. The report says that the Administration, with congressional approval, has withheld funding pending revision in the basic clean water law. However, this has left cities with massive sewage treat- ment plants uncompleted. The report also states that nationally, some 30 states have either ceased, or will soon cease, program operations because federal funds have run out. What makes this situation far more serious is that many cities are under federal court orders to meet clean water mandates, which make no allowances for the absence of planned-on resources, USCM reported. State legislators urge continuation of revenue sharing The National Conference of State Legislatures (NCSL), in a resolution Oadopted at its State-Federal Assembly this month in Washington urged the Reagan Administration to continue funding the general revenue sharing program at both the state and local levels to demonstrate a commitment to efficient government. The Confer- ence said that general revenue sharing is preferable to categorical grants asa means of providing federal assistance and set forth the past use of revenue sharing funds, the flexibility and administrative costs of the revenue sharing program as arguments for its continuation. Instead of cutting hack on revenue sharing, the NCSL's resolution said, fiscal restraining efforts should be targeted at the maze of nearly 500 overlapping categorical programs. It also called for allowing maximum flexibility for the development of options and innovations by the states in any block grant or consolidated programs proposed by the Adminis- tration or Congress in FY 1983. atCSL also asked for the re-examin- ion of block grants alreadyenacted and the elimination of restrictions remaining on them. Policy resolutions adopted During the Assembly, held De- cember 9-11 in Washington, D.C., representatives of the nations's 7,500 state lawmakers adopted policy reso- lutions dealing with the FY 1983 federal budget, regulatory reform, criminal code revision, education, solid and hazardous waste manage- ment and highway financing. The Assembly reported that NCSL sup- ports Presidential and congressional efforts to restrain inflation, and strengthen the economy and will cooperate with the federal govern- ment to achieve these objo?tives. Further, NCSL recognized that fiscal prudence in the development of the FY 1983 budget is-necessary in this ~,,~overall strategy, however, it noted {~.at state and local governments kl~eady have taken significant funding reductions in the federal government's efforts to control spending and that states can only support funding policies that are commensurate with a relaxation of requirements and mandates on the states or revenue turnbacks. NCSL made several recommend- ations to minimize the adverse effect of cuts on state and local governments and on needy individuals dependent upon the federal government. Accord- ing to NCSL, the extent to which these recommendations are/effected in the President's budget will deter- mine the level of support which NCSL can commit to the Adminis- tration's proposals. Concerning regulatory reform, NCSL suggested that: · Congress sl~oUld actively engage in the review and oversight of federal regulations promulgated by executive agencies; · Existing federal laws regarding the regulatory Process should be amended to gige greater congres- sional control of 6xecUtive rulemaking and greater recOgnitiOn of the tradi- tional state role in the federal system; and · Congress should formally con- sider the effects of regulatory programs prior to passing legislation to create new regulatoryI programs to revise existing programs. Further, NCSL recommended that when establishing federal regulatory programs, the Congress should con- sider the appropriate level of govern- ment to regulate. And, that deter- ruination should be made on the basis of which level of government has the authority to deal with the .problem, which provides the greater opportunity for citizen input and which results in the most effective administration of the program. Also, according to the Assembly's recommendations, the federal gov- ernment should not preempt the states from exercising authority in areas that have traditionally been the responsibility of states. Additionally, NCSL urged ~he federal government to establish a formal process of reviewing existing regulations for the continuing applicability, efficiency and negative impact on states, local governments and the private sector. The State-Federal Assembly also adopted resolutions to continue sup- port for the Child Support Enforce- ment programs established under the Social Security Act; reform the Aid to Families with Dependent Children (AFDC) program; and increase federal funds to support federal highway and bridge programs. Further, NCSL said that it would oppose any efforts to change the Food Stamp program into a block grant. Governors propose program changes for a more cooperative federalism Three governorS went to Congress in November to make a case for a more cooperative federalism. Richard Snelling, governor of Vermont, George Busbee, governor of Georgia, and Scott Matheson,' governor, of Utah presented their eases before the Senate Intergovernmental Relations Subcommittee chaired 'by David Durenburger (R-Minn.). Clearly frustrated with the com- bination of budget cuts, grant consol- idations that failed to give them full flexibility and the lack ofconsul:ation by the Reagan Administration with the governors, theypresented a united · , · ~ 5 front and a three-point program for change in the current direction of federal programs. They suggested that: (1) the remaining discretionary programs flowing to states be stabilized at the fiscal 1982 level; (2) a domestic summit be convened to include members ofthe Reagan Administration, congress and state and local govern- ments; and (3) adequate attention be given to public infrastructure such as roads, sewers, and water systems so that economic activity to be generated as part of the President's econo,-ic recovery program would not be (continued on page 7) New Jersey county's problem Cities become townships for more revenue sharing Seven cities in Essex County, New Jersey, have reclassified themselves as townships and, as a result, will receive additional revenue sharing entitlements totaling $1.8 million. However, because of the reclassifi- cation, the remaining 15 governments in the county will lose approximately the same amount. The seven governments that re- classified themselves will receive larger entitlements because they will no longer have to compete for revenue sharing funds with other municipalities in the county, which generally have lower than average per capita incomes. The problem of reclassification to townships is not new to Essex County, however. Local officials from the county testified before Congress during both the 1976 and 1980 renewal 'deliberations attempting to correct this problem, through changes in the revenue sharing formula. A major issue during the 1980 congressiOnal debates on renewal was changing the formula by ~detiering' it. Under the formula, funds from the state area allocation are allocated to county areas and these funds are then distributed to the governments within the county area. Under detiering, the allocation of funds to the county areas would be eliminated and all governments would compete for the funds allocated to the state areas. When the formula was not changedd the cities in Essex County began to reclassify themselves as townships.. For example, one city reclassified itself as a township and saw its revenue sharing rise from $74,000 for the year ending September 30, 1978, to $318,000 the following year--a 330 percent increase by simply changing a name. Other cities began following suit. Detiering the formula Earlier this year, during a hearing before the Senate Governmental Affairs Subcommittee on Intergov- ~rernmental Relations, William Ander- son, Director o£ ihe General Accounting Office's (GAO) General Government Division, discussed detiering the revenue sharing formula and the special problem in New Jersey. According to 'Anderson, the geo- graphic 'ti~fihg'i:iof the revenue sharing has the effect of introducing a factor into the formula. Thi: '(income disparity) measures the :0me differences between and their sur- rounding result, Ander- son said, is revenue sharing aid is alh jurisdictions with high per ca compared to the remain& in which they are fourth factor appears whel 'area alloca- tion is separate funds for cities, and county government, m further ex- plained ~' is a difference in cities and the surrounding county, then given the relative tax efforts of the cities, townships and county government, the higher income groups would collect the largest percentage of county area taxes and would receive a larger share of the county area allocation." Conversely, Anderson said that the low income group would collect the smallest share of county area taxes and therefore receive a smaller share of the county area allocation. New Ja'sey's problem In New Jersey, Anderson explained that the inequity between the different types of governments exists because of the differences in their per capita income. If the income disparity (continued on page 7) Cedar South West Essex Nutley Verona West East Glen Ri~ Newark North Orange Essex Essex County Revenue Sharing Adjustments Current Will Total Entitlement Lose Will Gain 258,320 59,536 -- 231,605 53,196 347,127 79,975 -- 156,559 36,190 218,679 50,515 222,501 47,901 692,676 ) 155,607 923,330 207,422 -- 253,844 540,329 297,777 -- 633,685 31,378 66,949 9,087 3,627 164,479 -- 349,777 53,910 56,669 49,285 -- 104,900 1,036,417 123,138 32,604 3,864 502,700 59,780 -- 7,329,455 848,221 19,678 7,696 -- 418,217 49,677 36,784 4,365 9,253,743 Rep. Fountain clarifies During recent months Congress In his letter l~as been debating President Reagan's roposals to further reduce the 1982 federal budget by making 12 percent across-the-boa rd cuts in ma ny federal programs for states and local govern- ments, including revenue sharing. Revenue sharing is an "entitlement" program and a cut would supposedly require a change in the law authorizing the program. Some members of Congress, however, maintain thatitis not a real entitlement program and could be cut in an appropriation bill. During House consideration of H.J. Res. 357, a bill to make further cantinuing appropriations for fiscal year 1982, general revenue sharing was characterized as a discretionary, nonentitlement program by some members of the House Appropriations Committee. Following the debate on the continuing resolution, L.H. Foun- tain (D-N.C.), Chairman of the Subcommittee on Intergovernmental Relations and Human Resources of the Government Operations Corn- tree, senta letter to the Chairman of Appropriations Committee, Jamie Whitten (D-Miss.), to clarify that revenue sharing is indeed an entitle~ merit program. less of how Congress] may this the regular believe it is recognize that re, authorize fiscal year program. The clear on that po Fountain fur the Con poundment contains a the by way entitlement effectively from under concurrent and the usual of Congress. "I fully appre, part of the tc tion of selected bring the federal While I share think we can abrogate the local Cities become townships... (continued from page 6) factor for cities within a county is significantly lower than that of the county's townships, the cities can increase their revenue sharing allo- cations by simply changing their name from city to township. And, according to Anderson that was precisely what was happening in Essex County. He did point out that in most cases, such changes in classification cannot normally be. done; however, in New Jersey, there are provisions in state law whereby cities can reclassify themselves into townships and visa versa. Anderson further said that the tOmes of the county's townships much higher than the county. . he stated that gains for these jurisdictions that are reclassifying themselves results in losses for other jurisdictions and the primary loser is the city of Because sifications, The chart on adjustments in, the governments: because of the Timeframe for Accordir Hill, ``Due to stances losing funds maximum time This mea~ th: funds would adjustment in ments for fiscal with the payment. Those additlanal funds them in their starting payment. of Regard- [of ~ringing within I that we in fact, revenue sharing of those governments have already :nt is that ~nd Im- 1974 out of the :budget ; on the I protec- 'to control. do not Most ts.- the for County ins. nments the ust." pay- budgeted their 198, "In th conclude the Cong if any, ~ protecti¢ in the revenue While th: reexamir have c[ obligate~ legislatix Pro prol (continu undermi facilities The gt assessm~ budget ~ proceed~ asked C~ of atten entitlem, Security pendent they had grams th cut. Howe, intervie~ journalis mental r{ agenda governor for a twc discretio localities would be The P agreeme: who feel ought tt welfare l and Aid · or have actually spent. ! entitlements in good faith." final analysis," Fountain "it is the responsibility of 'ess to decide which programs, ~ould be given entitlement n. It is evident that we voted louse in 1980 to continue ~haring as an entitlement. g decision can and should be .'d if budgetary circumstances ~nged, I believe we are to do so through the normal channels." ram changes osed . . . !d from page .5) ned by inadequate public ~vernors were united in their at that the Administration's nd tax cut initiatives had too far, too qm :kly and egress to pay the s~ [me level ion to reining spe~tding on nt programs (such as Social Aid to Families '~ith De- Children and Med caid) as to discretionary gr ant pro- at had been consoli :lated or ~er, President Reag tn, in an ~ held in November Mth five ts who cover inte ;govern- lations, rejected mc ch of the laid out by the nation's · To the governors' proposal · year moratorium c n cuts in ~ary grants to su,tes and Reagan s~ated "I think it ~reat if we could afro rd it...." 'esident also indic:tted dis- tt with some ofthegr,vernors Ihat the federal gow,:rnment assume responsibility for rograms such as Medicaid io Families with Dependent Childrenl Further, with respect to the general .~evenue sharing program, the Presi~lent assured the journalists that a p~se--eut is not contemplated unless an[alternative source of revenue is made~ vailable to state and local governm, nts for their own use. Expansion of revenue (continued from page 1) sponsibilities at the state and local level with reduced funding. Interview with Reagan On November 19, five noted journalists who cover intergovern- mental relations interviewed Presi- dent Reagan on issues relating to the federal budget and federal, state and local relations. During the interview, the President addressed such issues as revenue sharing, block grants, budget reductions, sorting out the responsibilities at the various levels of government and the redistribution of resources. With respect to revenue sharing, Reagan told the journalists that a phase out is not contemplated, unless an alternative source of revenue is made available to state and local governments for their own use. H owever, he said that many state and local officials had been led to believe that the revenue sharing program was being phased out entirely, but he added, "I could assure them that ~ther~ was no such thing on our minds, that the only way it would ever be phased out is if we had an alternative source--a tax that we were going to give them for their own use." However, Treasury Department official Norman Ture, a chief archi- tect of the initiatives, in( through the cut a' November iht comment on tax cut as met Ture mad~ meeting of Return dential A, eralism. He the general increases the services because the federal mone' He also funds tend the federal from some which they Similar view The Budget quoted as ex of revenue article which ~ ber issue of f I I I I I i I I I I I I I I I I I I I I Are you looking at REVENUE SHARING BULLETIN forthe first time? Revenue Sharing Bulletin is a monthly publication of the Revenue Sharing AdxisoD' Service which has been established to provide state and lo.ti government officials with professional advice and accurate information about federal revenue sharing programs. To subscribe, complete and send this form to: Revenue Sharing Advisory Service 2120 L Street, N.W. Suite 210 Washington, D.C. 20037 Please enter my subscription to the Revenue Sharing Bulletin at $38.00 per year. Bill and mail to the following: JURISDICTION STREET ADDRESS CITY STATE __ ZIP tax cut r that such At the :nts on the turnback rks at a Resource the Presi- Fed - that ram of the funds of having raise the nts spend. sharing cost of ,mes from .ther than ty prompt }rograms were he added. and is view Decem- Monthly magazine. In the article, which led the i'resident to reprimand him, Stocl man discussed his home town- ship in Michigan, which receives revenue sharing funds. Royalton Towl ship had built two tennis courts whi( , Stockman said in the interview, was ow the trustees had decided to spen part of their revenue sharing mom /. The OMB Director was furt} r quoted as saying, "It's alright I su pose, but these people would never|tax themselves to build that. ~ese ught-fisted taxpayers! Not As long ~s someone is giving them the mon,~., sure, they are willing to spend~ it. But they would never have used.' heir own money." 1 Ho vever, the Royahon to_w~ship super 4sor told the Bulletin that the tenni~ courts were built with local mone, and local donations. He also said t mt the township resident~ had actuary helped construct the cgurts.~ Wll~tle no firm decisions have yet been ~',~vealed on the future of the revenl~e sharing program, aS the Reag{n Administration sees it, ,there appel' to be some differenc&s of opini~ ~ amdng Administration officials and t ; PreSident. It is notatallclear whicl advisor President Reagan will heed tn making those'~decisions, parti~ llarly gi,vs_n the d~mage that Mr.: ockman s interview has done to hi~ ~ evenue ShI rir~g Adviso I20L Stree N~W;2ulh 'ashington, D.?. ,,037 12/0111981553 lid CI'£Y [1 I';AYWOOD KB if Service 210 FIRST CLASS MAIL U.S. POSTAGE PAID WASHINGTON. D.C. PERMIT NO. 44930 4 13719 06336 1 .q?7 55364 ?? December 29, 1981 John Elam, Manager City of Mound 5341 Maywood Road Mound, MN 55364 RE: City of Mound Comprehensive Plan Review Metropolitan Council Referral Dear Mr. Elam: At its meeting on December 17, 1 Mound Comprehensive Plan. This Physical Development Committee, report, which was adopted as llle Council adopted Resolution No!. report and the recommendations co These recommendations are as foll That Mound be advised that: Ao This report constitutes the Metropolitan Land P B. No Plan modifications Sec. 473.175, Subd. 1. C. The Plan relates to the The Plan is in transportation, park e The Plan meets the MLPA, but not the For full conformity comprehensive sewer by the Metropolitan the "comprehensive s m'WCC for its review. The Plan apppears units and affected school Ee The Plan relates to other chapter as follows: An Agency Created to Coordinate the Planning and ] Anoka County 0 Carver County 0 Dakota County 0 ~562-2 :ropoliti ,n was bi ,ort No. ~ttached~ ch pro~ ~ages 1( 's offi~ (MLPA). as author n syste~ h metro s, and plann' for a plam !!ishould adl irol Conm)i! icy plan" pOi,trion he plans o~ adja~ )Metropolitan Deve of the Twin Cities tY o Ramsey CoUnty 0 S, Square Building , Paul, 1Viinnesota 55101 612/291- 6359 the Cutes e ~d }t :Plan t)ie :~t:i .i!°vernmen~ °Pme'nt Guide ~tro~olitan Are, Comprising: John Elam, Manager City of Mound December 29, 1981 Page Two e e o The Plan is consist Investment Development Guide. The capital 473.852.2, Subdivis' clarification of a statement of need the financial impaci City. To improve i of annual debt ser~ of debt) to its cap' At such time as the (at least bienniall Council for review The Plan is consist the Metropolitan De environmental regul. consistent with Cou~ M.S.473.206, new en' provisions should b~ final adoption by tl Athough not a requi the City should ind ordinance governing requirements of the 473.811). The purp( collection services general public, and necessary to contro' attributable to refm An Agency Created to Coordinate the Planning Anoka County 0 Carver County 0 Dakota County 0 ~e Devel,) ent iFI ;hapter meets ~l~e req~ .~pt that i!t shoul ~nom ; and i mprov wi 1 wish be /ement p ~s its c send a e Prote Guide. ls sho pol on OP( to the ithe Metr ts Plan colle Waste ordinanCe is are met and a~ atory control and public he~:' · !. J I. the Twin Citie~ l~ty o Ramsey County 0 S 300 Metro Square Building Saint t~aul, Minnesota 55101 Telephone 61~/291-6359 the s of MSA .in; a)! source; b) atement on the; a schedul zed by r Df orl to ,heWn ~etrop°litan ArE ott County o Was Comprising: hington County John Elam, Manager City of Mound December 29, 1981 Page Three The Land Planning Act requires th Plan within nine months of the of the Plan. The Council should occurred. If there are sub~ please note these when you notify Sincerely, METROPOLITAN COUNCIL Charles R. Weaver Chairman CRW:bm Attachment cc: School District No. 277 Adjacent Communities Hennepin County Ray Odde, Metropolitan Waste Fred Tanzer, Regional Coordim Mary Youle, CPD Representativ. Vic Ward, Metropolitan Counci An Agency Created to Anoka County 0 Carver County 0 Dakota County 0 of Mound adop the Metropoli advised when in the P1 1 of the Plan'S the Twin 0 Ramsey County 0 300 1M[etro Square Building Saint Paul, Minnesota 55101 Telephone 612/291-6359 ire l's rOview action ha$~ before adoption, )tiOn' .prising: County o WaShington County Suite 300 Metro Square Bui RESOI RESOLUTION AOOPTING CITY OF WHEREAS, the Metropolitan Council Section 473.145, to guide for the Metropoltta development guide; and WHEREAS, the Metropolitan. Council Statutes, Section 473 Metropol'itan Land P1 local govenmental units other, aonformity with consistency with the ado Guide; and WHEREAS, the City of Mound has Metropolitan Council'for Section 473.175; and WHEREAS, the Metropolitan Council Comprehensive Plan and conformity with the comprehensive plans and apparently consistent Development Guide. NOW, THEREFORE, BE IT RESOLVED: THAT the Metropolitan Council Comprehensive Plan review rep( recon~endations found on page: City of Mound Comprehensive P' 473.175. Adopted this 1?th day of D, METROPOLITAN COUNCIL COUNCIL nt, PauI, Minne 81- 244 NGS FOR REVI~ iHENSIVEi PLAN [zed, pursuanti comPrehe~i a CoUncil the Ized, pursuant )51 through review the ~e their compa system plans of the ota,-<55101 ve deVelopmeOt adopted suci~ a I- sota e ve plamm of with e ich arent Devel )pment comprehe siv dan tO the , suant to Minnlll, ta statutes,I id and reViewe~il):he City of Mbund ~atible with p i ns, c,t) . . .oca imProvemeQ~progr~ms, )tedChapter'.' ) HIm)f the~ MetroPplitan ci: 'al Report No. lo'f the report to Minnesot~ 1981. and tiie · eview iof the , Se( t!on Charles R. Weaver, Ch a i rman Jtive Secre~i POPHAM, HAIK, 5CHNOBRICH, KAUFMAN & DOTY, LTD. 4344- IDS CENTER MINNEAPOLIS, MINNESOTA B5402 612~333-4-800 WAYNE G. POPHAH RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. 1~4ARC WHITEHEAD BRUCE O. WILLIS FREDERICK S. RICHARDS G. ROBERT JOHNSON GARY R. MACOMBER ROBERT B. BURK FREDERICK C. BROWN THOMAS K. BERG BRUCE D. HALKERSON JAMES R. STEILEN JAMES B. LOCKHART ALLEN W. HINDERAKER CLIFFORD M. GREENE D. WILLIAM KAUFHAN DESYL L. PETERSON MICHAEL O. FREEMAN THOMAS C. D'AQUILA LARRY D.ESPEL JANIE S.HAYERON DAVID A.JONES SALLY A. JOHNSON LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. NILAN ROBERT C. MOILANEN DAVID J. EDOUIST CATHERINE A. POLASKY STEVEN (3. HEIKENS JOHN R. WILCOX KATHLEEN M. HINDER NANCY J. TURBAK JOHN C. CHILDS THERESE AHBRUSKO December 29, 1981 2660 PETRO-LEWIS TOWER DENVER, COLORADO 80202 TELEPHONE AND TELECOPIER 303 -825-2660 SUITE 802-2000 L STREET N, W. WASHINGTON, D. C. 20038 TELEPHONE AND TELECOPIER OF' COUNSEL FRED L. MORRISON Mayor and City Council City of Mound c/o Jonathan R. Elam, Mgr. 5341 Maywood Road Mound, MN 55364 Re: Landfill site M - City of Minnetrista Dear Mayor and City Council: This office represents the City of Minnetrista which City is located along the southwestern shores of Lake Minnetonka. One of the potential landfill sites for Hennepin County (site M) is located within the City of Minnetrista. The City of Minnetrista has objected to the possible selection of site M for many reasons, several of which directly affect all of the cities around Lake Minnetonka. I have been informed that at the December, 1981 Lake Minnetonka Mayors' Meeting, several representatives of the cities suggested that the City of Minnetrista send to each Lake Minnetonka city a resolution objecting to site M, to be considered for approval by each city. The City of Minnetrista, through its mayor and council, staff and consultants, has strenuously fought the inclusion of site M in the potential landfill site inventory and welcomes any support possible from each city. There are many reasons why a landfill at site M is adverse to the interests of your city, among which and most important are potential water pollution and traffic problems. POPHAM, HAIK, SCHNOEIRICH, KAUFMAN & DOTY, LTD. December 29, 1981 Page 2 Site M is located within the Lake Minnetonka watershed. Any pollutants from leaching or surface water runoff will drain into Lake Minnetonka affecting the residents of 15-18 cities and countless others who use and enjoy Lake Minnetonka and the Minnehaha Creek. Moreover, site M is located above two important aquifers which supply the municipal well drinking water for many cities in the area. Garbage truck traffic to and from site M will undoubtedly use many of the already overburdened roads in the cities around Lake Minnetonka. I enclose for your review a copy of a letter (Exhibit A) objecting to site M which letter addresses in more detail the reasons why site M should be rejected. A lengthy and detailed report by Donahue/BRW is also available from the City Clerk of the City of Minnetrista (telephone 446-1660) for your review if you so desire. The MPCA has recently included site M as one of the nine potential landfill sites which are intrinsically suitable for a landfill even though many of the sites could not later receive an MPCA permit. I have been informed that the Hennepin County staff has recently ranked site M as number 8 out of 9 potential landfill sites. The Hennepin County Public Services Committee will review information relating to the nine sites on January 18, 1982, at 9:00 A.M. and the Hennepin County Board of Commissioners will select four landfill sites and one demolition site at its January 19, 1982 meeting. Hennepin County will then certify those sites to the Metropolitan Council for final review. It is important that the County commissioners know that site M should not be included in the four landfill sites to be selected because of the potential adverse impact on the Lake Minnetonka area. All other potential landfill sites are located outside of the Lake Minnetonka watershed to the north and west. Therefore, the City of Minnetrista would appreciate your support by your adoption of the enclosed resolution or one similar thereto or any other expression of opposition to site M you may wish to make. The City of Orono has already adopted a more lengthy resolution (Exhibit B) which I include for your review if you desire to draft a more detailed resolution. If you do adopt a resolution and mail it to me, I will include it in the record before the Hennepin County Board of Commissioners. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. December 29, 1981 Page 3 If any of you have any suggestions or comments concernin9 this process or would like a representative of the City of Minnetrista to attend your next council meeting to discuss this matter, please call me. Very truly yours, Bruce D. Malkerson BDM:kf Enclos. cc: Mayor and City Council, City of Minnetrista 0049D ~FSOLUTIC~ NO. A Resolution Opposing Location of a Potential Solid Waste Sanitary Landfill (site M) in the City of Minnetrista. WHEREAS, the Hennepin County Board of Commissioners will rank the nine potential landfill sites for Hennepin County, and WHEREAS, the City of Mound is concerned that the use of site M for a landfill could have an adverse effect on the City of Mound and the entire Lake Minnetonka watershed, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound objects to the inclusion of site M as a potential landfill site. Adopted this day of Council of the City of Mound by a vote of nays. · 1982, by the City ayes and Mayor Attest: City Clerk 0050D P. O. BOX 452, SPRING PARK, MINNESOTA 55384 · Phone: 471-9051 · ON LAKE MINNETONKA Mayor Jerome P. Rockvam 471-9515 Councllmembers Ellie Heller 471-8304 Don Dill 471-9311 Randy Bickmann 471-7553 Ron Kraemer 471-7339 January 5, 1982 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Jon: At their meeting on January 4th, the City Council discussed your letter of December 31, 1981 regarding the water interconnection at the Black Lake Bridge. The Council unanimously agreed that the money for the interconnect could be much better spent for installation of a new well for Island Park and felt, at this time, our share of the cost could also be put to better use. Perhaps at some time in the future this inter- connection can be made but for now the Council agrees that the delay would benefit both cities. Sincerely, Patricia Osmonson Adminis tra tot/Clerk/Treasurer LAKE MINNETONKA CONSERVATION DISTRICT L.M.C.D. MEETING SCHEDULE January ~ 1982 Wednesday 1- 6-82 Public hearings 8 p.m., LMCD Office, Wayzata depot Big Island Veterans Camp New Dock License Windward Marine, Inc. New Dock License, and Length and Setbacks Variances Saturday 1- 9-82 Water Structures & Environment Committee 7:30 ~.m., Park Bench Eatery, Spring Park Monday 1-18-82 LakeUs~~emmittee 4:30 p.m., LMCD Office, Wayzata Saturday 1-23-82 Executive Committee 7:30 a.m., Park Bench Eatery, Spring Park Wednesday 1-27-82 Regular Meeting of the Board of Directors 8 p.m., Tonka Bay Village Hall 4901Manitou Road (County Road 19) 12-29-81 Chamberlain Goudy VFW Post#51 13 DATE ,/ ~ GAM]~L~NG REPORT &_ ,:/- ¢/ ~'~ ~. /~ -~,~- ,,vi CURRENT MONTH YEAR TO DATE EXPENSES: PAYOUT AS PRIZES: PROFIT: .?70 , oo DISTRIBUTION OF PROFITS: ~ 00, ~,o #0 Chamberlain Goudy GAMBLING REPORT VFW Post#5113 DATE CURRENT MONTH YEAR TO DATE EXPENSES: PAYOUT AS PRIZES: PROFIT: DISTRIBUTION OF PROFITS: /// Chamberlain GAMRLING REPORT EXPENSES: Goudy VFW Post#5113' DATE /!/ -- ~'~* ~ ~ i CURRENT MONTH YEAR TO DATE PAYOUT AS PRIZES: PROFIT: DISTRIBUTION OF PROFITS: league of minnesota oities INFORMATION BULLETIN~ STATE-LOCAL FINANCIAL CRISIS (INFORMATION MEETINGS SCHEDULED)** This bulletin is intended to provide brief answers to the most commonly asked questions relating to the current status of the state's financial problems. Since the issues are quite cQmplex and time for legislative action is short, the League has also scheduled a series Of special informational meetings around the state on the subject of the state financial crisis and will be sending staff to appear at some previously scheduled events. Please read the enclosed notice and plan on attending one of the meetings. Mayors and councilors are especially encouraged to attend the meetings, which are partly aimed at improving the League's effectiveness in influencing the Governor and Legislature. : WILL MY CITY GET THE 1981 LOCAL GOVERNMENT AID (LGA) AND HOMESTEAD CREDITS THAT HAVE BEEN WITHHELD? WHEN? The Legislature did pass and the Governor signed H.F. l, or "the Voss bill"* on New Year's Eve. This is in effect a guarantee by the state that the withheld 1981 moneys will be paid in full by .February 26, 1982.(60 days after the close of the cities' fiscal year is the generally accepted deadline for being able to count the revenues for 1981 financial statements.) Each city should receive a certificate from the commissioner of finance soon after January 8th stating the exact amount that w411 be due on February 26th. However, in order for the state to "make good" on its guarantee by February 26th, the state's larger cash flow and deficit problems must be addressed by the end of January. This is because the state will probably need to increase its short term borrowing in order to have ade- quate funds available on February 26th, and it will take a minimum of four weeks lead time to actually borrow the funds. The defici't problem must also be solved by the end of January or the actual ability of the state to market its short term bonds would be highly questionable. It is now unclear what the Governor and Legislature will be able to agree on and when. Therefore, despite the guarantee there is still a chance that the promised funds won't be available at the time the State has promised to pay them. The League will keep cities informed on this issue as more facts, become available. WILL MY CITY BE ABLE TO COUNT THE DELAYED PAYMENTS AS RECETVABLES TO BALANCE THEi1981 CITY BUDGET? The best information we have been able to get from a variety of municipal auditing'and *Rep. Gordon Voss, Chair of the House Local and Urban Affairs Committee, was chief author of the bill. · **See enclosed meeting notice. 300 hanover building, 480 oedar street, sail~t paul. minnesota 551 01 (612) 222-2861 accounting experts is that the guarantee contained in the Voss bill is sufficient to allow cities to consider the withheld moneys as 1981 receivables. This is true even for cities that use cash basis accounting. The State Auditor's office agrees with this interpretation. WILL MY CITY BE ABLE TO BORROW IN ANTICIPATION OF DELAYED AIDS AND CREDITS? HOW? The Vos~ bill provides that cities can borrow in anticipation of the withheld funds by issuing certificates of indebtedness secured by the city's full faith and credit, any local tax levy proceeds, other municipal funds, and/or the certificate of aids to be furnished by the commissioner of finance. Cities may sell the certificates at a discount. The 12% interest rate limit or any other statutory or charter ihterest~limits are not applicable to these transactions. The League will provide more detailed infor- mation as soon as possible explaining how this would work. HOW MUCH WILL MY CITY'S 1982 LOCAL GOVERNMENT AID BE CUT? WHEN WILL WE KNOW FOR SURE? SHOULD MY CITY START TO CUT ITS 1982 BUDGET NOW? Every city should now plan on a cut of at least 10% in what had originally been ex- pected for 1982 LGA and should immediately start taking necessary budget-cutting actions. The cuts could easily become more severe, however. If the Legislature and Governor are not able to agree on a plan to raise any kind of state taxes, LGA cuts would have to be even greater than the 20.7% cut in 1982 aids originally proposed by the Governor. (This assumes that the time will have passed to be able to raise any money by increasing 1982 property taxes or cutting various property tax credits to taxpayers.) And as long as the Legislature fails to repeal the law which prevents the school aids from being cut (known as "S.F. 1"), the proportionate amounts of cuts that would have to take place in LGA and other state programs would be huge. For example, if no tax bill is passed and S.F. 1 is not repealed, 1982 LGA would prob- ably have to be cut by at least 35%. There would also probably'have to be large cuts in.homestead credit reimbursements due to cities in 1982. WHAT DO THE GOVERNOR AND LEGISLATURE NEED TO DO TO PROTECT THE INTEGRITY OF CITY FINANCES? IS THERE A DEADLINE FOR SUCH ACTION? The state should do the following no later than the end of January: 1. ~Pass a compromise budget bill that includes state tax increases, and does not cut.local government aid by more than $25 million. (This would be a 9.3% cut in 1982~LGA.) 2. :Increase the state's borrowing authority so that 1981 aids and credits can be paid as guaranteed. PF:cmb January 6, 1982 SPECIAL INFORMATION MEETINGS: STATE-LOCAL FINANCIAL CRISIS Ti~e League of Minnesota Cities has scheduled a series of special informational meetings To be held in locations across the state in order to better inform member cities of the current state situation and potential impacts on city financing. Elected officials in particular are urged to attend. For more information contact Peggy Flicker or Ann Higgins at the League. DATE Wednesday, Jan. 13 Thursday, Jan. 14 Tuesday, Jan. 19 Wednesday, Jan. 20 LOCATION Redwood County Courthouse Redwood Falls City Council Chambers Rochester City Council Chambers City Administration Bldg. 1025 Roosevelt Avenue Detroit Lakes (across from Red Owl Store) Monticello Jr. High 900 Eo Broadway Monticello TIME 7- 9 p.m. 7- 9 p.m. 7-.- 9. p.m, 7- 9 p.m. League staff will also be present at several other previously scheduled meetings: Wednesday, Jan. 13 Friday, Jan. 15 Range League Meeting Valentine's Chisholm Region I Clerks and Finance Officers Meeting City Hall (3rd floor conference room) Moorhead 6:30 p.m. 10:00 a.m. (LMC presentation: 10:30 a.m.-t2Noon) TOPICS TO BE COVERED 1. What is the difference between the state cash flow and deficit problems? What do each mean for 1982 city budgets? ~ 2. What has been happening to local government aid funding in the past few years? Why have cities' share of state-collected revenues steadily decreased? What do decreases in LGA mean for cities in 19827 3. What is the League position concerning solutions to the current, state problems? 4. What are the politics of the situation? ~at are the differences among the positions of the Govenor and the various legislative caucuses? What do the differences mean for cities? 5. What about mandates and levy limits?l'Will the state provide relief in those areas? ~ra 1/6/82 Editorial Page -2 Focus January' 3, 1982 J its bills; it doesn't know its own income; its coun- :J ties, cities:and school districts cannot budget . J ~ properly because of troubles in the Capitol,,~,. ~.J., Minnesotans ,k. now when they're being conned -~7- [ J&nd when they ye been had., They were conned -; -. ..BERNARD H. R1DDER, Ig93-1975 · ' ' BERNARD H. RIDDER, .JR., Chairman · ': ' - ...... . ..... THOMAS L. CARLIN. Publisher ' ~ -- · : - .JOHN R. FINN~GAN, Execmive ~ tor .' XV~en the audi~rs fi~ it out, you eau a~ once envied ~ition among stat~. ~ more in-, the cost of fo~ w~ks of a legislative s~ volv~ and must ~ome a f~ of official stroh- session to 5~nnesota's f~aneial-problems, for tion once ~e imm~ate cr~ ~ p~s~. A that is the only major bill produe~ in the ~pitol' million deficit is a- lot of money, -but that during the tach, dong s~ion, amoun~ to 1~ than 10 ~rcent of ~e toMl sta~ It was a D~em~r wa~ ~ pa~isan aefimm budget. As fo~er'Oov. E~er L. Ande~n ~int- ny, game playing and blame setting among five ~ out m a recent editorial M ~ P~eeton Union forces that could not get together to ~ve-~ Eagle, busin~ budge~ have ~n t~o~ fur- '. state. Remem~r tMs: There ~ blame enough for thor out of balance by the r~ion ~thout sink- all to share -- the ~de~ndent-Repubhcan gov- ing the enterpr~. , ' ' -.. - ernor, the DFL majoriti~ and the I-R ~ofiti~ Financial ~ficulti~ demand some cu{ting of in ~nate and Ho~e. ~ ~'-'L ~::-. state_progr~s, but these m~t ~ hon~t Only the l~st perceptive among them ~ ~ not sMfts in r~po~ibility from S~ho~e most dense if ybu will -- eau ~ibly ~lie~, les and county sea~. The state must m~t i~ prm they came out of the sp~ial session l~king g~ ~ous obligations to eries, counti~ and school They all l~k bad: the eurve-t~owMg governor, distrie~ and make any future downwa~ adju~- legislative pa~y leaders and the~ followem men~ ~ a pr~c~ble and timely manner 5~nnesota's fins noes ~e m chaos: it cannot pay.. they eau ~ d~lt with on the l~al level. The governor's ~sistence that income tax in- dexing remain in place is ~efensibte; Ms later ~iatenee that there ~ no mcr~ ~ income Mxes as such is ridiculous. Indexing pre,,eats the state from Mking a fr~ ride on ~ation; if ~x~ must ~ increas~ they should ~ ~cr~s~. The DFL's Mstorie drive to take ~e ~x b~den off l~al pro~rty was n~ and g~. ~e ree~- '- sion and the 1o~ of ·state and f~eral ai~ are goMg to have a tremendous ~pact on l~al Mx- es; it would be e~l and cowardly of t~e s~te to add to that burden merely to avoid a more v~ible ' The sM~ has other revenumpr~ue~g de~ie~s'; and should continue ~ l~k at them, t~. ~e the verge of pr~ueing and pa~ing ~ budget b~ include the ~les ~x~ wMch at l~st M its present.- that could generate ~t} ~nough money ~ ~n' form here ~ somewhat relat~ to ability to pay.- the stare'and a governor s.signature; In the.en~:~ The ~htical trouble with all such ~ that legisla- compromise collap&~ amid.charg~ of bad fai~ -tors must'vote to iner~se them a~ a goye~or ¢' from both sid~ Hou~ mem~, u~appy ov~ must sign the r~ulti~ bill... - .... the whOie tMng~'cal]~,' ~'.~ff<t, for' fu~heY ~:;~' Politi~ should not be the p~e"eo6c$~ ?emirs. ~y sn~ as me so,ion n?y~,i~., just as it began. The politicia~ left tff~.f~- - aa~ournmenu x~egonato~-were accus~ Dy t~-. kat~ and discourage. The r~t of ~n~o~ Iow party momars of t'~lling out, to the op~.: tir~, fmstrat~ and discourage, ~. - - '~ :': tion; polite phr~ cover~ sharp attac~ M ~ ~ere'H ~ a new House~enate Conference ate ann House debate; coTiaor ~i<~io~'wem_~.~.~mmitt~ working -- presumably wi~ Gov. A1 more earthy and ~ the ~mt, as m one leg~sla~r. Quie's le ~tw~n now and the r~onvew telling another:."~m~ay you ~ple are going . lng of'the s~cial session Jan: I1. Can ·they put to wake up and realize tMs s~te is. in seriom ~, aside parti~n concer~ M t~ elation year long trouble; it's going,, right do~. ~he -:~-.tu~s?~: .... ;,·enough· to deal with the budget problem, ~d with No one-has pull~ the.plug yet. All it would·, the ~ple:0f Minnesota, in a fair and rational. take to, fix t~e-imm~iate financial problem, is-: 'manner? ~e is tempt;q to say,."~ey'd ~tter. some clear tMnking and cou,,ge in the Capitol:. -Voters'-memoric:;.ma~' be short, but surely they . To set tko state back on a long coupe toward i~ -can span II montl~. x. throughout much of 1981 and now they have been had. We believe the majority of people in this s,,,t, were quite ready to take even pretty strong- medicine, in the form of program cuts and equi- table tax increases, to get out of the mess Minne- sotaisin." 5, ,:?: .:~.:. --.,' : .': Oar state government could not deliver. New Year's Eve in the Capitol lacked only fun- ny hats and. horns to complete a scene of year- end pandemonium. Senators for hours seemed on ' ' By 3ohn axecuiive ~h~l ~os~mo~ state ~-champ~a?. cently. ;--a few as ~art' - tie words of for the He did pened T~ sch~ tro~y cov,ra~ sch~! at~ },tike' did we the inc~ · - ..; . · CharlesW.. Bailey Editor "~ .... Wallace Allen Assoc;ate Editor ':. o ,, ' Frank Wright Managing Editor ;~' ';~* : Leonard inskip Editori~lEditor Donald R. Dwight Publisher __ __ .Tue.~dav,_ ___.Jannarv_5, 1982 . .. - 6A 7 ae state budget .compromise that wasa t-:' °l be collapse o! elforts last week [o balance the serve praise, as do their caucuses. Ashbach particu- state budge~ was unfortunate. Failure of the tenta- larly conducted himself as a statesman. The Sefiate ti:,'e plan worked out by the Senate DFL and minority leader is not a young man, yet he pushed Independent-~epublican caucuses will complicate - himself through days of intense, grueling work..He also endured, with' great digniW, an outrageous barrage of public abuse by members of the House ' Independent-Republican caucus. The discourtesy shown' Ashbach at a ttouse Independent-Republi- can meeting Thursday morning was ine×cusable~. The House Independent-Republicans apparently were ango' and hurt at being left out ot the final push for a compromise~ But they have only them- selves and their ineffectual leadership to blame. Indeed, if the DFL and Senate Independent-Repub- lic:an caucus had given up on the House Indepen-: dent-Republican leadership a day or two earlier, perhaps the rough edges on the compromise could have been cleaned up in time to enact a bill before the end ot the year. --': ...... ' . . As it was, the DFL and Senate Independent-Repub- .licans made a valiant effort that came to naug~t.-~ Yes, they will have to try again under circum- stances made even more difficult by their failure. But they rose in stature for having tried hard. -.. the search for a ~olution to the state's $768-million revenue shortage when the Legislature reconvenes next week. Aad it will make the eventual solution more painful for Minnesota's taxpayers~ With the pas<.~iag of I981,. some worthwhile budget options No o'ae is-to blame 'for the failure to reach a c,:'.mpromise, despite occasionally h~rsh words all around. The two Senate caucuses simply tried to do tot-., ::,ucl~ in too little time. In the rush to reach a :;,m.ral compromise, too many details were left vague. When time came to actually pass the legisla- tier,, it beca,~ne apparent that the two sides had d;f,,'ereat anderstanding,s o! what they had agreed to. The differences proved too great for tired, dis.gruntled legislators to overcome late on New Year's Eve, and the compromise was stillborn. : S::aate Majorit7 Leade~" Rager Moe and blinority Leader Robert Ashbach worked hard to find an i'.,ow:,rable way out of the budget morass, and de- STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT MARGARET VANECEK, Plaintiff, VS. CITY OF MOUND, a Municipal Corporation, and BUFFALO BITUMINOUS, INC., a Minnesota Business Corporation, Defendant. SUMMONS THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: You and each of you are hereby summoned and required to serve upon Plaintiff's attorney an answer to the Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. ~ Dated: KOENIG & ROBIN /..~mes B. Dickinson Attorney for Plaintiff 2305 Commerce Blvd. Mound, MN 55364 Telephone: 612/472-1060 I17 STATE OF MINNESOTA COUNTY OF HENNEPIN MARGARET VANECEK, Plaintiff, vs. CITY OF MOUND, a Municipal Corporation, and BUFFALO BITUMINOUS, INC., a Minnesota Business Corporation, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT COMPLAINT Plaintiff, for her cause of action against the above-named Defendants, states and alleges as follows: 1. Plaintiff is, and at all times mentioned herein was, a resident of 5724 Sunset Road, Mound, Minnesota. 2. Defendant is, and at all times mentioned herein was, a Municipal Corporation organized and existing under the laws of the State of Minnesota. 3. Defendant Buffalo Bituminous, Inc. is, and at aU times mentioned herein was, a Minnesota Business Corporation, organized and existing under the laws of the State of Minnesota. 4. On August 10, 1980, at approximately 5:30 a.m., Plaintiff was carefully, and with caution and concern for her own safety, attempting to walk across Sunset Road, located in the City of Mound, County of Hennepin, State of Minnesota, when she suddenly and unexpectedly sunk into a mud sinkhole and fell to the ground with a twisting motion, thereby severely injuring her knee. 5. Defendants, and each of them, were in control of said Sunset Road on August 10, 1980.. 6. Defendants, City of Mound and Buffalo Bituminous, Inc., had a duty to keep the roadbed of Sunset Road in a safe and passable condition, or to close the roadway to vehicular traffic and pedestrian traffic and to erect barriers to prevent said vehicular and pedestrian traffic from using the unsafe roadway. 7. Sunset Road, by the actions of Defendants and each of them, remained open to pedestrian and vehicular traffic while in an unsafe and dangerous condition for a long period of time, during which, both Defendants were aware of, or should have been aware of through ordinary diligence, the dangerous and unsafe condition of the roadway. 8. That Defendants, and each of them, negligently failed to maintain the roadway in a safe and passable condition, and negligently failed to close the roadway to pedestrian and vehicular traffic by erecting barriers to such traffic. 9. That Defendant Buffalo Bituminous failed to complete with reasonable promptness the road improvements on Sunset Road in the City of Mound, which faUure led to the defective condition of the roadway and the dangerous and unsafe condition thereof. 10. That Defendant City of Mound negligently failed to enforce the contractual commitments of Defendant Buffalo Bituminous, Inc., and to insist upon performance of the road improvements on Sunset Road within reasonable time periods. 11. Defendant City of Mound and Defendant Buffalo Bituminous, Inc., knew, or had reason to know, that unobvious dangers to pedestrians were present in the roadway. 12. That despite such knowledge, both Defendants failed to warn pedestrians of such tmobvious dangers. 13. As a proximate result of the Defendants' joint negligence, Plaintiff has suffered serious and permahent personal injury all to her damage tn the amount of Two Hundred Thousand Dollars ($200,000.00). 14. As a proximate result of Defendants' joint negligence, Plaintiff has incurred medical expenses to date in the amount of Pour Thousand Nine Hundred Twenty Nine and 53/100 Dollars ($4,929.53). 15. Plaintiff's injuries are permanent in nature and will require further medical expenses in an amount not yet presently capable of determination. WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, in the amount of Two Hundred Pour Thousand lqine Hundred Twenty Nine and 53/100 Dollars ($204,929.53), together with any further and additional damages proved by Plaintiff at trial and together with Plaintiff's costs and disbursements herein. KOENIG & ROBIN (...~ames B. Diekinsofi Attorney for Plaintiff 2305 Commeree Blvd. Mound, MN 55364 Telephone: 612/472-1060 /lq' rJOTICE OF CLAIH Pursuant to r4SA 466.05 To: City Council CITY OF M~UND 5341 Maywood Rd. Hound, HN 55364 MARGARET VANECEK and ROBERT VA~ECEK, Claimants, hereby present this claim on the City of 14ound pursuant to MSA 466.01 et. seq. 1. The names and addresses of the Claimants are as follows: Margaret Vanecek Robert Vanecek 5724 Sunset Road 5724 Sunset Road 14ound, MN 55364 ~und, MN 55364 The address to which Claimants desire correspondence regarding this claim to he sent is: Koentg & Robin Attorneys at Law 2305 Commerce Blvd. ~ound, 14N 55364 3. The nature of ClaimantS' claim against the City of Hound is for negligence and/or wtllful and wanton failure to complete with reasonable promptness the road improvements on Sunset Road in the City of Hound, to enforce contractual commitments of road and curb contractors and to provide safe passageway and warning during construction. 4. That on or about August 10, 1980, Clatmant Margaret Vanecek suffered serious personal injury, because of the City's negligence as set forth above. 5. That Claimants suffered considerable damage, incurred considerable expense and lost income as a result of th~ City's negligence. 6. That the full amount of Claimants' damages has not yet been calculated. Dated: September g, lgSO Hound, MN 55364 (612) 472-1060 January 7, 1982 CITY of MOUND 5341 MAYW©GO ROAD MOUND, MINNE::;O'TA 55364 (612) 472-1155 TO: FROM: SUBJECT: CITY COUNCIL JON ELAM, CITY MANAGER APPOINTMENTS REMAINING IN EFFECT FOR 1982 1. Dr. Kenneth Romness and Dr. Charles V. Carlson as City Health Officers. 2. Pinky Charon as representative to Human Rights Commission (if it elects to meet) 3. Rock Lindlan as Mound representative to the Association of Metropolitan Municipalities (AMM) 4. Gordon Swenson and Bob Polston to Area Fire Committee 5. Pinky Charon as liason to West Hennepin Human Services 6. Robert Polston to Sewer Advisory Board of Metropolitan Waste Control Commission JE:fc 141