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82-04-13 MOUND CITY COUNCIL April 13, 1982 Regular Meeting City Hall - 7:30 P.M. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Il. 12. CITY OF MOUND AGENDA Mound, Minnesota Minutes of the April 6, 1982 regular meeting Senior Citizen Discount on Sanitary Sewer Bills Report on Sirens - Verbal Report D.W.I. Prosecution Comments & Suggestions from Citizens Present (Please limit to 3 minutes) Report on City Insurance Programs - William Husbands Water Meter Problems - Report & Demonstration Refreshment Stand in Mound Bay Park Payment of Shade Tree Reimbursement Set Date for Public Hearing on Rezoning (3 acre site On Westedge Blvd. by the Sewer Plant) from R-1 Residential to I-1 Light Industrial - April 27, 1982 at 7:30 P.M. L.M.C.D. Representative Resolution #81-75 Information/Miscellaneous A. Commendation to Officer Gary Cayo B. Metropolitan Council Bulletin C. First Census Data - Hennepin County D. Copy of City of Mound Dock License E. American Legion Post 398 Report F. Letter from MTC on Waiting Shelters G. Minnehaha Creek Watershed District Annual Report H. L.M.CoD. Financial Statement - 1981 Pg. 736-745 Pg. 746 Pg. 747 Pg. 748-751 Pg. 752-775 Pg. 776 Pg. 777-778 Pg. 779 Pg. 78O Pg. 781 Pg. 782 Pg. 783-784 Pg. 785-787 Pg. 788-789 Pg. 790 Pg. 791 Pg. 792-801 Pg. 802-805 Page 735 58 April 6, 1982 John Wagman, 5469 Bartlett Blvd. was concerned that 0utlot A would become an access for the residents of this subdivision to use to get to the lake. Also that it would be used to enhance the sale oS the lots by the developers. The City Attorney pointed out that the property west of the proposed subdivision is owned by the City and that the access of Outlot A only abuts this property not the lake. He also pointed out that before phase 2 could begin the developer would have to come before the Council again for approval of that phase. Dennis Spensley stated that he didn't like the density of the proposed plat. He was informed that the lots meet the 10,OOO square foot zoning for that area. Gary Paulsen asked if the land west of Phase 2 is under water. The Mayor responded that he thinks it is classified as a wetlands. The Mayor closed the Public Hearing. The Council discussed the facts that all the concerns of the persons who spoke are dealt with in the subdivision ordinance or in the resolution to approve this preliminary plat, Provision #1 to include all necessary easements. Swenson moved and Ulrick seconded the following resolution. RESOLUTION #82-84 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE LOST LAKE ADDITION The vote was unanimously in favor. Motion carried. B. CONDITIONAL USE PERMIT FOR THE ARCADE The City Manager presented the Building Inspector's memo dated today on the Arcade. She states it meets all the requirements. It was approved unanimously by the Planning Commission. The Mayor opened the public hearing and asked for any comments from persons present. There were no comments. The Mayor closed the public hearing. Councilmember Swenson stated that he had been at the Arcade today and agreed with the Building Inspector's report. Polston moved and Swenson seconded the following resolution. RESOLUTION #82-85 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR THE ARCADE AT 5558 AUDITOR'S ROAD AND THE LICENSES TO MAY 1, 1983 - WITH THE STIPULATIONS STATED IN RESOLUTION #81-338 The vote was unanimously in favor. Motion carried. 737 59 April 6, 1982 TRANSIENT MERCHANT - LICENSE POLICY The City Manager asked for direction from the Council on renting the Depot for "Sample Sales" The merchants in town do not like this practice but the practical facts are that these sales make the Depot self-supporting over the course of the Summer. The rent charged for a "Sample Sale" at the Depot is $100.00 plus the transient license fee. The Legion is rcnti~,g the|r building For these sales also but the people seem to like the location of the Depot better. The Council felt that policy followed in the past should continue. CALL FOR BIDS - 1982 STREET SEAL COATING PROGRAM The City Manager explained that this program was discussed at an earlier meeting when the 5 year program was submitted. He also explained that 75% of the aggregate has already been hauled into town over the past few months when the Street Department was not busy. The 1982 program will cover 6.8 miles of streets and all the streets proposed for seal coating are in need. Polston moved and Swenson seconded the following resolution. RESOLUTION #82-86 RESOLUTION TO AUTHORIZE THE ADVERTISMENT FOR BIDS FOR THE 1982 STREET SEAL COATING PROGRAM The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Mayor Lindlan asked for any comments or suggestions from citizens present. Bob Hanson, 5425 Bartlett Blvd., stated that he was at the last meeting and objected to his tax dollars going to the Revitalization of Downtown Mound because he did not shop here, does not get any services from Downtown Mound and felt the business community should do revitalization with their own money. Councilmember Ulrick pointed out that the business community pays higher taxes than residents and they need the City support to have a good balance in developments. Mayor Lindlan pointed out that Mound is unique in that all the upkeep the City does for the Downtown businesses is charged back to them in assess- ments every year. John Wagman, 5469 Bartlett Blvd., asked if the DNR is still interested in Lost Lake for an access? The Council stated that they have not heard from the DNR since they were at the meeting March 23rd and from what they can ascertain from the news media the plans have been halted. ASSESSMENT CANCEELATION REQUEST - JAMES G. THOMPSON, 4856 ISLAND VIEW DRIVE The City Manager suggested that Mr. Thompson explain his situation to the Council. Mr. Thompson stated that he did not know until he received his Tax Statement this year that he had been assessed for the part of Drummond Road that abuts his property. He stated that he was told by the old Mayor and Council that he would not be assessed. He felt there is no benefit 60 April 6, 1982 to his property because Drummond abuts the rear of his property and the rear of his garage. The City Attorney cautioned the Council that they cannot cancel an assessment without reassessing the entire project. The appeal time is up. The City Manager pointed out to the Council that Mr. Thompson was only assessed a minimum ~ront Footage charge (40' x $11.70 = ~4~8.OO). The City Engineer agreed and stated there was no error or omission. The consensus of the Council was that they cannot cancel the assessment because it would be a benefit to the property if the garage were torn down, as access to the property could be obtained off of Drummond Road. ANDERSON BUILDING OPTION - STEVE POSTHUMUS The City Manager explained that since the articles in the newspaper suggesting that the City was thinking about disposing of. the Anderson Building, Mr. Steve Posthumus has submitted an option to buy the building. He proposes to pay $500.00 for a 3 month option with a further 3 month.option for another $500.00 and a total purchase price of $30,000.00. The City Manager further explained that since this proposed option was received, a letter from Mr. George Kinser has been received asking that consideration be given to another option. Councilmember Ulrick felt that the City should respond to the first offer before considering another. The City Attorney felt the language in the Posthumus proposed option should be changed with regard to marketable title and an addition of guaranteed performance added. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-87 RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN OPTION AGREEMENT WITH PROPER LANGUAGE BETWEEN THE CITY AND STEVEN POSTHUMUS WITH THE SAME MONETARY TERMS AS SUBMITTED BY MR. POSTHUMUS Discussion followed this motion. The City Attorney pointed out that it is the Council's responsibility to get the best price it can for the building. Mayor Lindlan suggested that since both parties were present they could explain their ideas on the Anderson Building. The Council agreed. Steve Posthumus explained that his interest in the Anderson Building was stirred by the newspaper articles and the fact that he recently completed a project in Buffalo rehabilitating an old building into a 1st floor retail setting and offices on the second floor. His feeling is that the Anderson Building has potent'iai; there is a need for new merchants and the DAC wants something done with the building. He is planning on approximately a $500,000 renovation and has contacted some private investment groups about financing. 61 April 6, 1982 George Kinser stated that he and 2 others are interested in developing a family restaurant and retail shops, creating a nice looking building, with emphasis on the restaurant. The restaurant to seat 125. There are several problems that confront this plan: (i) the basement; (2) parking availability; (3) the bakery next door. His attorney has suggested they pursue bonding for the $500,000.00 they would like to use to rehabilitate the building. This would require the City's cooperation in selling Industrial Revenue Bonds and at this time bonding is at 2 points below prime at 5 to 7 years and these Figures don't work so Kinser would suggest that if the City has a firm offer, they go with it. Councilmember Polston asked if Posthumus had a firm plan for the building. Posthumus replied that he did not but that a feasibility study is quite costly and he wanted the option before he invested money in a study. The City Attorney stated that before any option were approved, he would like to check the State Laws to make sure the City is selling the property properly. He also would like an appraisal of the market value of the building; whether the City could develop tax increment financing; the option written to include assurances that the building would be improved and the City having a say as to how it is developed. Polston withdrew his second and Ulrick withdrew his motion for Resolution #82-87. The Council took no action on the option and is now referring this item to the City Manager and the City Attorney for further study, evaluation and recommendations. DATE CHANGE OF NEXT COUNCIL MEETING Swenson moved and Charon seconded a motion to set the date for the next Council Meeting for April 13, 1982. The vote was unanimously in favor. Motion carried. CALL FOR BIDS - 1974 OR NEWER VAC-ALL Polston moved and Swenson seconded the following resolution. RESOLUTION #82-87 RESOLUTION TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR A 1974 OR NEWER VAC-ALL TO BE OPENED AT 10:OO A.M. APRIL 27, 1982 The vote was unanimously in favor. Motion carried. CITY OF MOUND MAPS The City Manager explained that the City Street Map and the Sanitary Sewer Map are in woefully bad shape and that McCombs-Knutson has ubmitted a $1,900.00 figure to bring both up-to-date. Councilmember Polston thought that McCombs Knutson was to prepare new street maps as part of the cost of the street construction. City Engineer John Cameron stated that the map was not part of the street construction. The Council asked if the City has maps for the following: streets; sanitary sewer; storm sewer; watermain. The Manager and the Engineer stated that all the maps are in sad shape. 62 April 6, 1982 Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-88 RESOLUTION THE AUTHORIZE THE CITY MANAGER TO NEGOTIATE A PRICE ON ALL 4 OF THE NEEDED MAPS The vote was 2 in favor with Polston, Swenson and Lindlan voting no. Motion failed. The City Manager explained that in order to have Mound's Comp Plan approved by the Metro Council the sanitary sewer may is required. The Council felt that McCombs Knutson should at least provide the street map at no cost to the City. Mayor Lindlan moved and Councilmember Charon seconded the following resolution. RESOLUTION #82-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ORDER THE SANITARY SEWER MAP FOR 51,500.00 AND NEGOTIATE THE COSTS ON THE OTHER THREE MAPS The vote was 4 in favor with Polston voting no. Motion carried. Councilmember Polston voted no because he still believes the Engineer should supply the street map at no charge. MINNETONKA BASS CLUB FISHING CONTEST Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-89 RESOLUTION APPROVING THE MINNETONKA BASS CLUB FISHING CONTEST ON JUNE 12, 1982 The vote was unanimously in favor. Motion carried. LEASE OF CITY LAND FOR A GARDEN The City Manager explained that for the last several years the Ray Kramer's 2373 Chateau Lane have been leasing the City Land by Well #3 for garden space. They are again requesting a lease for this with a token fee of SI.O0. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-90 RESOLUTION TO APPROVE LEASING THE LAND BY WELL #3 TO THE RAY KRAMER'S FOR THE SUM OF $1.00 TO BE USED FOR GARDEN SPACE The vote was unanimously in favor. Motion carried. PALM READER'S LICENSE - RENEWAL Swenson moved and Polston seconded Che following resolution. RESOLUTION #82-91 RESOLUTION TO APPROVE THE RENEWAL OF A PALM READER'S LICENSE FOR MS. LINDA ZEAMYQK KlM SANO The vote was unanimously in favor. Motion carried. 63 April 6, 1982 CIGARETTE LICENSE - RENEWAL Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-92 RESOLUTION APPROVING THE RENEWAL OF A CIGARETTE LICENSE FOR MARTIN & SON BOAT RENTAL The vote was 4 in favor with Councilmember Charon voting no. Motion carried. APPOINTMENT TO TASK FORCE FOR SENIOR CITIZEN HOUSING PROJECT Swenson moved and Polston seconded the following resolution. RESOLUTION #82-83 RESOLUTION APPOINTING RUSSELL PETERSON TO THE TASK FORCE FOR THE SENIOR CITIZEN HOUSING PROJECT AS A REPRESENTATIVE OF THE CITY The vote was unanimously in favor. Motion carried. WIRE TRANSFER AUTHORIZATION The City Manager explained that from time to time the City of Mound orally requests the First National Bank of Mpls. to transfer invested funds to other banks and in order to do this the Council should pass a resolution of authorization to do so. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-93 RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF FUNDS AGREEMENT The vote was unanimously in favor. Motion carried. VOLUNTEER FAIR The City Manager explained that the second annual Westonka Volunteer Fair will be held Thursday, April 29 from l:O0 to 7:00 P.M. and that he felt the City should have a booth there to look for residents to fill future vacancies on commissions and solicit for the campaign against higher phone rates. The Council agreed this was a good idea. Polston moved and Swenson seconded a motion to authorize the City Manager to arrange for a booth at the Volunteer Fair. CABLE T.V. COMMITTEE The City Manager went over the report from the Cable T.V. Committee. The Committee has a work plan and have recommended approval of a budget to carry it through developing a Franchise. Councilmember Ulrick (a~ex officio member of the Committee) commended Tom Creighton and the Cable Committee for their rapid but comprehensive movement toward establishing cable T.V. in Mound. CITY OF MOUND REQUEST FOR REIMBURSEMENT DISEASED TREE NAME Ed Behmler ADDRESS '2130 Noble Ln., Mound, Mn. 55364 TREE NO. 176 TREE SIZE 24" AMOUNT OF REIMBURSEMENT $ 48.00 I hereby certify that the above tree has been removed and disposed of as ordered by th~-~ty Inspector, and request reimbursement in the amount.sg~bfied a~ove~ ~ SIGNATURE /"3\\' - ~ [~' '~. DATE ~ APPROVED BY(.~~ ~~ ~~ ~. BILLS .... APRIL 13, 1982 Bryan Rock Products 86.04 Jan Bertrand 13.20 Ed Behm]er 48.00 Coast to Coast 107.12 Continental Telephone 910.32 Computer Election Systems 700.00 Fran Clark 13.86 Robert Cheney 334.00 Dixco Engraving 9.00 Jon Elam 12.87 G1 enwood Inglewood 42.75 First Natl Bank-Mpls 80.00 Eugene Hickok & Assoc 578.00 William E. Husbands (Ins Rev|ew)785.00 Illies& Sons 1,O76.O0 JABCO (HUD Rehab) 1,696.88 Leslie Paper 121.44 The Laker 201.49 League of MN Cities 11.50 Mound Police Dept 45.87 Mound Fire Dept 3,715.15 Wm Mueller & Sons 2,244.85 Minn Comm 28.50 Minn Mining & Mfg 220.05 MN Park Supervisors Assoc 10.O0 Minnegasco 1,719.04 City of Minnetrista 60.00 MacQueen Equip 1,000.00 Marina Auto Supply 543.68 Navarre Hdwe 155.00 Natl Fire Protect. Assn 50.00 N.S.P. 5,482.67 Planning & Develop Serv 800.00 Paper Calmenson 512.40 Brad Roy 166.45 Specialty Screening 174.50 Specialty Equip Co. 118.O0 Thurk Bros. Chev 446.92 Title Ins. 60.00 Tri State Drilling 774.73 Village Chevrolet 39.00 Village Printers 127.75 Westonka Sanitation 50.00 R.L. Youngdahl & Assoc 421.27 Total Bills 25,793.30 LIQUOR BILLS The Liquor House Griggs, Cooper Johnson Bros. MN Distillers Old Peoria Ed Phillips Bradley Exterminating Johnson Paper Mound Locksmith Real One Acquisition Regal Window Clean Nels Schernau Wallin Heating Butch's Bar Supply City Club Distrib Coca Cola Day Distrib East Side Bev Gold Medal Bev Home Juice Kool Kube Ice The Liquor House Midwest Wine A.J. Ogle Pepsi Cola/7 Up Pogreba Distrib Thorpe Distrib Total Liquor Bills GRAND TOTAL--ALL BILLS 1,238.20 4,236.70 4,516.52 767.50 1,038.86 1,617.88 19.00 27g.80 ~54.30 712.99 10.75 7.O4 27.50 164.40 2,502.40 193.50 3,169.20 3,446.9O 42.90 42.48 6O.OO 3,284.35 414.45 2,118.50 203.40 1,927.55 3,435.55 35,629.62 61,422.92 CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON PROPOSED AMENDMENT TO CHAPTER 23, "ZONING", MOUND CODE OF ORDINA~ICES NOTICE IS HEREBY GIVEN that on April 27, 1982 at 7:30 P.M. at the City Hall, 5341Maywood Road, Mound, Minnesota, the Mound City Council will hold a hearing on the proposal to amend Chapter 23, Mound Code of Ordinances, entitled "Zoning", by removing from the Residential R-1 District and adding to the Light Industrial I-1 District, the following described property: "That part of Lot Four (4)~of Section Twenty-three (23) Township One Hundred Seventeen (117) of Range Twenty-four (24) according to the Government Survey thereof, lying North of the Northerly boundary line of the Great Northern Railroad right-of-way" in the City of Mound. (Triangular property North of the Metropolitan Sewer Plant on Westedge Boulevard). All persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, City Clerk April 12, 1982 City of Mound 5341Maywood Road Mound, Minnesota 55364 Sir: The following is our bid for the 1982 Spring Cleanup: Truck and driver - $30.00 per hour Each helper 10.00 per hour Dumping Charges Approx. $15.00 per hour or $4,800.00 flat fee including dumping charges. John' -Zuccaro Westonka Sanitation 472-1379 P.O. BOX 218 SPRING PARK, MN. 55384 612/471-8593 April 13, 1982 City of Mound 5341Maywood Rd. Mound, Minnesota 55364 SPRING CLEAN-UP BID: Trucks Labor Dumping $36.00 per hr. $19.00 per hr. $22.50 per hr. Thank You, Widmer Bros., Inc. // February 24, 1981 Councilmember Swenson moved the following resolution, RESOLUTION NO. 81-75 RESOLUTION DESIGNATING ORVAL FENSTAD AS L.M.C.D. REPRESENTATIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby designate Orval Fenstad as the official Lake Minnetonka Conservation District representative for the City of Mound. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Polston and upon vote being taken thereon; the following voted in favor there- of; Charon, Lindlan, Polston and Swenson, the following voted against the same; none, with Ulrick being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest;/ City Clerk CMC 64 April 6, 1982 Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-95 RESOLUTION TO APPROVE THE PROPOSED BUDGET OF THE CABLE T.V. COMMITTEE IN THE AMOUNT OF $5,350.00 The vote was unanimously in favor. Motion carried. The City Manager pointed out that the $5,350.00 would be returned to the City when Cable T.V. is Franchised. SPRING CLEAN-UP The Mayor reminded everyone that the Spring Clean-Up is coming up April 24, 1982. BILLS Swenson moved and Ulrick seconded a motion to approve the payment of bills as presented on the prelist in the amount of $18,169.44, plus the reimbursement bill .submitted by the Mayor in the amount of $57.51, when funds are available. Roll call-vote was 4 in favor with Councilmember Polston abstaining. Motion carried. INFORMATION/MISCELLANEOUS The City Manager gave a brief report on the following: A. STATUS OF PUBLIC WORKS BUILDING - The Planning Commission did not want to rezone to Industrial the parcel of land near the sewer plant that would be given to Fritz Widmer for a $37,500. reduction in the price of the building and land on County Road 110. If this 3 acre site near the sewer plant stays as R-1 zoning, Mr. Widmer will only give the City a $20,O00..reduction in the price of the building and land on County Road llO. The Purchase Agreement that was signed stated that the City would rezone the 3 acre site to Industrial. The rezoning public hearing is scheduled for April 27, 1982. B. HENNEPIN COUNTY MILL RATES FOR 1982 - Breakdown of the Mill Rate in Hennepin County. Co ANDERSON & SMITH vs. CITY OF MOUND - The City Attorney advised the Council that he would be in court again on Thursday morning on the case. There are now 3 separate lawsuits: (1) assessments; (2) storm sewer; (3) condemnation of property. Do LETTER FROM TAD JUDE - regarding House File #1609 and the Dram Shop legislation. L.M.C.D. PACKET - Agenda from the March 24th meeting and the Minutes .for the February 24th meeting. (Reminder to the Council of the April 20th meeting concerning the L.M.C.D. to be held here in the Mound City Council Chambers.) F. APRIL CALENDAR 65 April 6, 1982 Go MINNESOTA PCA LETTER - List of things that the City of Mound must do with regard to Tonka Corporation's past disposal of hazardous wastes within the City of Mound. Ho LEAGUE OF CITIES ACTION ALERT - Several important actions taken by the Governor and Legislature that might have an immediate effect on cities' actions. I. AMM BULLETIN - Notice of. the AMM Annual Meeting, Wednesday, May 26, 1982 and a Legislative summary of key items of interest to Cities. J. LETTER FROM BILL SCHREIBER - Regarding the tax forfeited lands law that just passed and is effective on March 23, 1982. K. LETTER FROM WILLIAM F. KELLEY ON THE WETLANDS ORDINANCE L. LETTER FROM HENNEPIN COUNTY COMMISSIONER, RICHARD E. KREMER - Regarding the County's plan for reduction of outstanding warrants. Mo DOWNTOWN ADVISORY COMMITTEE REPORT - Minutes from the March 24th meeting and note that the next meeting will be April 22st at 7:30 P.M. in the Council Chambers at City Hall. N. LOST LAKE ACCESS - Two articles from the newspaper regarding the various sites that the DNR has looked into. Councilmember Polston asked that May 4, 1982 be designated as Community Services Appreciation Day in the City of Mound for the tremendous work they are doing within the community. Polston moved and Charon seconded the following resolution. RESOLUTION #82-96 RESOLUTION TO DESIGNATE MAY 4, 1982 AT WESTONKA COMMUNITY SERVICES APPRECIATION DAY IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. Swenson moved and Polston seconded a motion to adjourn at 11:40 P.M. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager Fran Clark, City Clerk Air £omm Ear] F Andersen & Assoc Auto Con Industries Applebaums Acro Hinnesota Auto Sound Holly Bostrom Business Furniture Janet Bertrand Conway Fire & Safety Curtis 1OO0 Carmichiel Auto Parts Francene Clark Commiss of Revenue Davies Water Equip Dependable Services Ehlers & Assoc Goodin Company W.W. Grainger Inc. Henn Co. Treas. Eugene Hickok & Assoc Harris Whse & Canvas Shirley Hawks Henn. Co. Sheriffs Dept Jones Chemicals Island Park Skelly L.O.G.I.S. Lakeland Envelope Sharon Legg Doris Lepsch Lutz Tree Service Lehn Electric MacQueen Equip Miller/Davis Co. Metro Fone Communications Mound Postmaster No. Star Chapt ICBO Old Dominion Brush Popham, Haik, Kaufman Scott Radek SmokeEater StateBank of Mound Title Insurance Sterne Electric State Treas. 16.44 220.75 286.70 14.50 494.O5 26.50 254.00 318.43 22.44 147.56 51.90 445.00 118.98 2,277.88 162. O0 33.00 15.OO 56.71 163.62 1,170.O0 IOO.O0 8O.OO 173.95 64.73 207.50 9OO.OO 1,382.91 202.34 17.88 6O.OO 495.00 771.34 88.46 15.45 35.40 600.00 20.00 934.O0 1,265.10 13.35 111.00 15.8o 124.O0 68.90 3O.OO Tele Terminals 67.52 Thein Well Co., Inc. 3,088.00 Dept Weights & Measures 240.00 Waterous Co. 270.94 Xerox 213.60 Ziegler, Inc. 216.81 TOTAL BILLS 18,169.44 CI'F5 of MOUND 5341 MAYV,/OOD ROAD MOUfqD. MINNESOTA (612) 472-11 ~5 April 9, 1982 TO: CITY COUNCIL FROM: dON ELAM, CITY MANAGER For a number of years the City has had a senior citizen discount fee of $1.00 off the quarterly sanitary sewer bill. Presently about 261 people are benefiting from this discount. Multiply this by four quarters and the annual subsidy cost comes to $1044.00 per year. Since we raised the sewer rates to $18.00 per quarter, the $1.OO discount seems hardly worth the time or energy to post and credit it, etc. My suggestion would be that we increase it to either $2.00 or $3.00 per quarter. The fund is presently generating adequate income to be able to afford this type of subsidy. In addition, with water rates probably having to be raised this Fall, this will in a very small way help cushion that increase. Most of all I think it shows the City is concerned about people who do live on a fixed income. JE:fc CITY of [OUND 5341 MAYWOOD ROAD t¢,OUND, MLNNESC;TA 5536-¢ (612~ 472-1155 April 6, 1982 Mr. Jon Elam, City Manager 5341Maywood Rd. Mound, MN 55364 Dear Mr. Elam: Sgt. Hudson reported that the sirens did not sound on the last week statewide test. I went to the Island Park and Fire Sirens, and manually actuated each relay and sirens sounded. Went to City office control. Actuated I.P. relay while a person at the City garage listened. Actuated "Test" switch and siren sounded for both tests. Sgt. Hudson went to the Fire Siren, I "bumped" the relay and switch separately and the siren sounded on each. I called Continental Phone Co. in Mound and they closed manually, their relay that is closed by Bell from the Metro System. Continental's manual closing did close your relays. So, everything was OK from Mound telephone to City offices to sirens. Next I had St. Paul Bell prove actuation to Continental in Mound. After much delay, finally actuation proved from Navarre on phone continuous-Bell testing- bad pair between Wayzata and Navarre. Finally, at 4:15, a new circuit and had actuation from Wayzata. Bell assured me that it Would function. Tomorrow will tell. I was fortunate in getting the services and help at Bell from a Tom Robek, 642-6301. Best I have ever had from Bell! Elroy Lehn April 9, 1982 (ZI FY of MOUND 5341 h'1AYWOOD ROAD MOUND. MINNESOTA 553CZ (612) 472-115~ TO: FROM: CITY COUNCIL JON ELAM, CITY MANAGER I have asked Desyl L. Peterson to visit with us this evening to discuss the following: 1. How the City prosecution work for the City is going in general. 2. To give us an update on the D.Wol. situation outlined in her Memo. Ever since the Hennepin County Judges decided to put people in the Workhouse for 2 to 3 days for being convicted of a D.W.I., it has affected the City's finances seriously. That is because, in many cases, the Judges are either suspending or greatly reducing the D.W.I. fine (of $500.00). In some cases it is reduced well below the rate the City has to pay for room and board at the Workhouse ($45.00 per day). It seems to me a great perversity that the taxpayers of the City of Mound must, in the end, subsidize a program to get DRUNK DRIVERS off our City roadways. In the first three months of 1982, D.W.I. cases (23) paid $2950.00 in fines, but our Workhouse bill for the same period of time was $4350.00, a City subsidy of $1400.OO. JE:fc POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. MEMORANDUM TO: Walter Benson, City Administrator, City of Orono ~T~n Elam, City Manager, City of Mound Charlotte Patterson, City Administrator, City of 5~nnetrista Linda Zitzmann, City Clerk, City of St. Bonifacius FROM: Desyl L. Peterson, Prosecuting Attorney DATE: April 5, 1982 DWI Prosecution Responsibilities As you may be aware, the State Legislature recently amended the DWI laws. One section established that a second DWI in five years would be a gross misdemeanor and that prose- cution of that charge would be the responsibility of the City Attorney in municipal court. Previously, the County Attorney handled prosecutions for aggravated DWIs as gross misdemeanors. An aggravated DWI charge occurred when the individual was stopped a second time for DWI when at the time his license was revoked either because he had been convicted of DWI or because he had refused to take a test. Attached for your information is a copy of a letter I received from Tom Johnson, Hennepin County Attorney, indicating that his office will no longer be handling aggravated DWIs which result from the revocation of a license because of a prior DWI conviction. This charge was be assumed by the new law. However, his office will continue to prosecute aggravated DWIs which are based on the license revocation for refusal to take a test where there has been no conviction. This, of course, means greater responsibility for the City Attorney in DWI gross misdemeanor cases. The advantage is that the County Attorney's office often refused to prosecute aggravated DWIs as gross misdemeanors, and the matters.can now be handled still as gross misdemeanors but by the City AttOrney. The obvious disadvantage is the increased cost of prosecution which will be borne by the cities. We hope that th~s will not result in a suSstantial increase in prosecution costs. Quite frankly, the County Attorney's office declined prosecution of what we consider to be a large Page Two April 5, 1982 number of aggravated DWI charges, which were then referred to the City Attorney anyway to handle as misdemeanor DWI cases. Thus, the City Attorney may no. continue to handle those case, but with the potential of greater fines and sentences. Please let me know if you have any response or concerns which we should know about. DLP/mp cc Chief Kilbo Chief Thompson Chief Wold THOMAS L. JOHNSON COUNTY AI-I*ORN EY OFFICE OF THE HENNEPIN COUNTY ATTORNEY 2000 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 PHONE (612) 348-3091 March 30, 1982 Ms. Desyl Peterson 4344 IDS Center Minneapolis, MN 55402 Dear Ms. Peterson: I am writing to you as the City Attorney for Minnetrista, Mound, Orono and St. Bonifacius. This past Session, the Legislature substantially amended the DWI Laws. A copy of these changes, embodied in Chapter 423, is attached. One change in particular affects our respective responsibilities. Minnesota Statutes 16%121, Subdivision 3, was amended to include the following language: "The following persons are guilty of a gross misdemeanor: (a) A person who violates this section or an ordinance in conformity therewith within five years rof prior conviction under this section or an ordinance in conformity th~rev~ithi and (b) A person who violates this section or an ordinance in conformity therewith within ten years of two or more prior convictions under this section or an ordinance in con!ormity therewith. The attorney ~n the jurIsdiction in Which the violation occurred who is responsibile for prosecution of miS.~lemeanor violations of section 169.121 shall also be responsible for prosecution of gross misdemeanor violations of section 169.121." (Effective April I, 1982.) In implementing this new law, our office will no longer prosecute an individual under Minnesota Statute 169.129 (Aggravated Violations) if the first offense was under clause (Ih that is, where the motor vehicle Wes operated by a driver "...while under the influence.., or while he (the driver) hai~ an alcohol concentratio:n of 0.10 or more." We will, however, continue to pros~ute under clause (2) of M.S. 169.129~ that is, where the individual's first offense involves the refusal "...to take a test which determines the presence of alcohol."i This means, of course, that you will have additional prosecution responsibilities Pursuant to the legislative mandate. Please note that the effective date for the amendment recited above is April Ir 1982. We are also notifying the various law enforcement agencies of the changes in prosecution responsibilities . Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, THOMAS L, JOHNSON Hennepin County Attorney HENNEPIN COUNTY IS AN AFFIRMATIVE ACTION EMPLOYER (ZIT'f of MOUNI) 5341 IX,~AYWOOD RC::-D MOUND. MINNESOTA L53h4 (612) 472-115L April 9, 1982 TO: FROM: CITY COUNCIL JON ELAM, CITY MANAGER Enclosed is a copy of the Insurance Study Report done by William Husbands. He will attend the meeting to go over it since I think some of his ideas and approaches are very solid. Earl Bally will be on hand as well. JE:fc 7,s' ,h, INSTITUTIONAL POLICY Company: Home Insurance Company Policy #: Policy Period: 8776170 - 61691 2-1-82 to 2-1-83 Agent: Limit of Liability: Cost: Earl Bailey of R. k. Youngdahl See IndiviCual Listings $18,869 ant ually I This policy includes a numb of items of coverage into one package. These ind~ude the building, contents, loss of earnings, ~ontractors equipment, comprehenszve generai ixabzl~ty, premzses medzcal payments, money orders and ~positors forgery. It wouid be cumbersome to review these together, therefore they will be broken into separate entities on the foiiowing pages. ?5? ~uilding and Contents Coverage Limit: Building: $1,939,432 Contents: $ 323,505 Deductible: $100 per occurrence This portion of the policy provides coverage for losses to the buildings and/or contents as a result of a covered loss. Covered lpsses are of an All Risk nature subject to the eXClusions as outlined in the policy. This is your ,~est available type of protection. In addition to the All Risk e~verage, you also have blanket and agreed amount protection. The blanket coverage allows you tO move coverage dollars as needed in case of ~ loss. The agreed amount endorsement removes th~ coinsurance requirements - only on the buildings. In this day of fast moving inflation these two provisions are desirable, i I The liquor store is insured S~parately. There is no coverage for the building and $135,000 to the contents. This portion is not subject to the blanket or agreed amount: it is necessary that these am as they are subject to a 90,%1 Recommendations: ~rovision. Therefore, cunts are correct coinsurance provisions. The Home Insurance Company does not_c~_arly identify the All Risk c~ in this policy format. It~be advisable to'have you'~ agent either write a letter of clarification or to have him obtain such a letter from the Home Insurance Company indicating the All Risk coverage. con't Buildin§ and Contents Coverage Recommendations: (Con't) It appears on the surface that $135,00i0 for liquor, shelving, registers and other items in the liquor store is' a low figure and should be reviewed for accuracy. Determine that the City has no obligation to provide coverage for the buiiding that the liquor store occupies. Yo~o c~veracovera e. zse is on on an actual ca~.., valu~ basi~, To increase your coverage to replacement cost is more desirable and should cost little or no additional premium, Replacement icost :coverage should reimburse the City for the cost of replacing the item if stolen or damaged beyond repair, If replacement cost coverage is ~btained then the value of all facilities should be reviewed. The value should reflect the cost of replacing the facility at todays prices. If the values need to be increased then the cost of this coverage would go uR. When renewing this policy next year a:review of costs should be made utilizing $100, $250 and $500 deductible options. Then, depending on any costs savings, the City can decide if the additional cash exposure outlay in case of losses is offset by a sufficient decrease in premium. Loss of Business Earnings Coverage Limit: Deductible: $16,250 each 30 days $65,000 maximum during policy period $100 per occurrence This coverage affords payment to the City if a loss of profit should occur as a result of a covered loss to one of its properties. This is the most difficult type of loss to prove of any insurance coverage. Recommendations: A management decision should be made as to whether Loss of Business Earnings is appropriate or if additional Extra Expense coverage should be obtained. Extra Expense coverage is now provided in the basic property policy for $5,000. If $5,000 is enough to cover those "extra" expenses incurred to set up shop at another location in case of a major loss then nothing further is required. It is this writers opinion that Extra Expense coverage of at least $50,000 should be obtained. When renewing this policy next year a review of costs should be made utilizing $100, $250 and $500 deductible options. Then, depending on any costs savings, the City can decide if the additional cash exposure outlay in case of losses is offset by a sufficient decrease in premium. Con~rae~ors Equipmen~ Coverage Limit: Deductible: $304,230 $100 per occurrence This portion provides physical damage coverage to that equipment which is not stationary and may move from location to location but is not licensed for the highway. This coverage is on an Ail Risk basis. This is desireable, The cost at .50 per $100 of value is good. Recommendations: This coverage should be at replacement cost and the value of the equipment increase accordingly. Hiscellaneous Prope~¥ Floater Coverage Limit: Deductible: $1,~00 $50 pe~ occurrence This provides coverage for physical damage to a Lurid Boat, an outboard motor, a boat trailer and two (2) Hopedes on an All Risk basis. The cost o¢ this coverage is $26 and has been we1! designed. Recommendations: None 7 5-? Hiscellaneous Property Floater Coveraqe Limit: Deductible: $69,769 $100 per occurrence This provides coverage for physical damage to City's Radio Equipment, This is on an Ail Risk basis with the normal exclusions off wear and tear, dampness, mechanical breakdown, wars, otc, The cost of this coverage is $872. Recommendations: ~ shogld_b_~e_ma~e th%oug.h_the a__gent to have the Home Insurance Compnny include this in the Contractors Equipment ~oater. This would ~s,,]f in n _'~avi~gs ct abo~$'-~O0~ The Home sometimes is relu~a6-t--to do this because they do not feel they receive proper consideration for the expsure. Since many other companies are writing the radio equipment in the Contractors Floater it is worth the attempt with the Home. Comprehensive General Liability Coveraqe Limit: $500,000 each occurrence $500,000 aggregate/e O O This portion of the policy covers the City for Bodily Injury and/or Property Damage to others which the City is legally obligated to pay because the City failed to do something it should have or did something it should not have done which caused the injury and/or damage. The premium is at a competitive level. In addition to the basic coverages the agency has added: Blanket Contractual, Personal Injury, Host Liquor Liability, Incidental Halpractice, Employees as Additional Insureds, Broad Form Property Damage and Volunteers as Additional Insureds. The Personal Injury portion has been endorsed so that the coverage can apply to work reiated situations. These cover such situations as raise arrest, maiicious prosecution, iibei and slander. The agency has had the foresight to get the Waiver of Governmental Immunity. This allows the City to decide whether the defense of Immunity can or should be raised. Some of the exclusions that should be noted are: - No coverage for liability as a result of fairs or carnivals. Your agent should be contacted for a special policy that runs for the length of the fair. - No coverage for grandstand events, races, rodeos or mechanical rides. ~omprehensive General Liability Coveraqe Recommendations: Review the independent nurse contract and determine if she should be covered under this policy. Based on my discussions with 3on Elam I believe she should be so covered. To have your agent try and remov~ the aggregate limit~from this portion of the policy. While the 0~ does have an Umbrella Policy that would cover it for losses over the $500,000 aggregate limit. It would be better if the limit would be written as a combined single limit with no aggregate. Honey Orders~ Counterfeit Paper Currency and Depositors Forqery Coverage Limit: $20,000 Money Orders & Counterfeit Paper Currency $20,000 Depositors Forgery This provides payment to the City where it accepts' a money order or money in payment for a service or merchandise which turns out to be counterfeit money or a money order not paid upon presentation. It also provides payment to the City where a check has been improperly drawn or paid on its savings or checking account. Recommendations: None Money and Securities Broad Form Coveraqe Limit: Village Hall $19,000 Loss Inside $ 3,000 Loss Outside Liquor Store $20,000 Loss Inside $20,000 Loss Outside This provides payment to the City for loss of money by robbery, destruction or disappearance provided the disappearance is from a safe or locked cash drawer which shows forcible entry. There is no coverage for loss by theft when forcible entry only to the building. These are normal provisions. Recommendations: A review should be made to verify that the Village Hall and the Liquor Store are the only two (2) places that accept money. That these places deposit the daily receipts each and every day. Public Employees Blanket Bond £ove~a§e Limit: $100,000 This provides payment to the City if any employee shall fail to faithfully perform his/her duties which results in a loss of monies taken in by that employee but not received by the City. Recommendations: Audits of a surprise nature should be done on the money securing positions at least once a year. Assuming bank balances are checked against the City's receipt vouchers once a month then no more than $400,000 in receipts shouid be received each month to justify this iimit of insurance. This policy will not cover tbe~l:i~-~$~f_iremen pension funds. While ~E~'~ police ~u~d is ~t'~e ~perated the firemens fund is overseen by both the Marquette National Bank and a board from the City. This board has no insurance coverage for an improper loss of funds. WORKER'S COMPENSATION end EMPLOYERS LIABILITY POLICY Company: Policy # : Policy Period: Limit of Liability: Agent: Cost: Home Insurance Company WC 9875229 - 67144 2-1-82 to 2-1-83 Workers Compensation - unlimited Employers Liability - $100,000 Earl Bailey of R. L. Youngdahl $34,321 annually This provides coverage for the City for any employee injured as a result of a work related injury. It also provides the City protection in ease of a liability claim as s result of a work related injury. The premium base is set by the State of Minnesota and is subject to audit. The premium base is payroll. Recommendations: At the present time your Workers Compensation modifier is(1COS]which means you have experienced about an 8.% increase over the "average" municipality. This means about $2,500 additional expense per year. The fact of the matter is that the City of Mound has no activities that lend themselves to bad loss experience. These would include a nursing home or hospital operation. Therefore, it is this writers opinion that the City should have a modifier at .75 or less. This means you are ~ayinq at least ~11~000 more than_your risk should be payinq. Jon Elam has started a program in August of 1981 to ~h~lp '~his ~tuation. While his program is excellent it will show no results until 1984. The maximum results will not be known until 1986. The reason for this is because of the way the modifier is computed. WORKER'S COMPENSATION and EMPLOYERS LIABILITY POLICY Recommendations: (Con't) It appears that the City utilizes the services of an independent nurse. In discussing this matter with Jori Elam it is questionable as to whether or not the nurse would qualify as an independent contractor. Since the City demands her services on the City's terms as to time and place she could be classified as an employee. Therefore, it is important that she be so listed in the General Liability policy which I have addressed and in the Worker's Compensation Policy. BUSINESS AUTO POLICY Company: Policy # : Policy Period: Agent: Home Insurance Company BA 609 4543 - 67033 2-1-82 to 2-1-83 Eari Bailey of R. L. Youngdahl Limit of Liability: $500,000 Liability $50,000 Uninsured and Underinsured Motorist Cost: $10,053 annually This provides coverage for the City in those cases where they are legally liable for Bodily Injury and/or Property Damage to someone else as a result of your failure to do something you should have done or doing something you should not have done which caused the injury and/or damage. It also provides protection for No Fault, Uninsured Motorist, Underinsured Motorist, Comprehensive and Collision coverages on those vehicles so designated on the Policy. Recommendations: With the premium as good as this one is, especially in the physical damage area, maintain this policy with the Home as long as possible. In the future, should the rates increase, the City should increase the use of deductibies to at least $250 on coIlision and $100 on comprehensive. The City should loo~ now at the reglacement cost of all,ire equipment and sn._~o~ ~owing eqg~ment. These should be ~n~ure~ on-a stated valde bas~s' .~'T-- MINNESOTA DRAM LAW LIABILITY POLI£¥ Company: Policy # : Policy Period: Agent: Limit of Liability: Cost: Occidental Fire & Casualty Co. of No. Carolina GLA 19 87 BO 2-11-B2 to 2-11-83 Earl Bailey of R. L. Youngdahl $500,000 each occurrence $500,000 annual aggregate $4,802 annually This is a general liability policy that protects the City from losses which they are legally obligated because of Bodily Injury and /or Property Damage arising out of the Minnesota Dram Law. This policy is solely for the Liquor Store. This premium is based on gross receipts and is subject to audit. Recommendations: To include the Ckty of Mound as a named insured~ While the Liquor Store ~Ove~ed ~nd name~ a suit could allege that the City was responsible for the supervision and therefore responsble for the loss. The City would have no insurance coverage for either payment of a verdict or for the defense costs. ~'Change this policy period to comply with the others of 2-1 to 2-1 st next anniversary. Please review the Executive Summary for additional problems relating to this area. PUBLIC OFFICIALS and EMPLOYEES LIABILIlY POLICY Company: Policy # : Policy Period: Agent: Limit of Liability: Deductible: Cost: St. Paul Surplus Lines Insurance Company 966GAO20fl 1-1-82 to 1-1-83 Earl Bailey of R. L. Youngdahl $1,000,000 each occurrence $1,000,000 aggregate $200 each employee $1,000 each occurrence maximum $1,780 annually This policy protects the City's employees and officials from claims made during the policy period (1-1-82 to 1-1-83) because of Wrongful Acts. Written notice must also be received by the Insurance Company within the policy period. This policy will not cover School Boards, Airport Commissions, Transit Authorities, Hospital Boards, Utility Commissions or Housing Authorities. This policy does not contain exclusions normally found in this type policy and ie well conceived. Recommendations: Change the policy period to conform with other policies at renewal by either obtaining a 13 month policy at that time or by extending this policy by one month. ~/Since this is a ~laims Made Policy covering only claims made against the company during the poli~y Period it should never be changed to an occurrence policy. PUBLIC OFFICIALS and EMPLOYEES LIABILITY POLICY Recommendations: (Con't) JA resoiution should be passed (if one has not aiready been passed) that enables the City to reimburse the $200 deductibie to the empioyee and/or official if the City wishes to do so. 721 COMMERICAL UMBRELLA POLICY Company: Policy # : Policy Period: Agent: Limit of Liability: Cost: Deductible: Interstate Fire & Casualty Company 55C - 002G~45 2-1-82 to 2-1-83 Earl Bailey of R. L. Youngdahl $1,000,000 over the underlying coverages $1,000,000 aggregate $2,884 annually Underlying Rolicy limit or $10,000 self-retained portion of a loss covered by the umbrella but not covered by an underlying policy. This policy provides additional limits of coverage over and above the underlying coverages. It can also cover some kinds of losses that are not covered by the underlying policies. This can only occur if the Umbrella does not exclude that type of loss. Recommendations: The Declarations page of this policy should be brought up-to-date. The underlying policy information needs the correct policy numbers and policy period dates.  nclude the Minnesota Dram Law Liability Policy as an underlying policy.~%.~J~%~ his would cost an additional $450 approximately but would increase your overage from $500,000 to $1,500,000 in a sensibive area. One large claim~' ould wipe out the aggregate limit and virtually leave the City with no~ rther insurance coverage for a portion of the year. ~ EXECUTIVE SUMMARY This section will pull together all of the recommendations which I feel are important and some additional recommendations which have not been explored prior to this time: 1) 2) 3) 4) 5) 6) 7) 9) ~10) 11) To clearly identify the Institutional Policy as being one of All Risk coverage to the buildings and contents. To review the contents coverage for the Liquor Store and determine that $135,000 is either sufficient or needs to be increased. To make sure the City has no obligation to provide building coverage for the Liquor Store building. To increase your coverage to Replacement Cost for the buildings and contents. To determine if Extra Expense coverage should not be increased from the present $5,000, To get the Contractors Equipment coverage up to a Replacement Cost basis, To have the Radio Equipment insured under the Contractors Equipment portion of the policy. Reveiw the contract with the Nurse and determine if the City should provide coverage for her under the General Liability and Workers Compensation Policies. To have the aggregate coverage removed from the General Liability Poiicy. To obtain a policy that will protect the City against a loss of money from the Firemen's Re~sion Fund. To review your loss history, particularly in the Workers Compensation area, to determine that everything within reason is being done to keep your insurance costs at a minimum internally. To have the physical damage coverage on the fire engines and snow plow on an Agreed Amount which represents Replacement Cost of that equipment. (Con't) EXECUTIVE SUMMARY (iCon't) i7) Include the City of Mound as a named insured on the Minnesota Dram Law Liabiiity Poiicy. fas a resuit of reviewing the Iiquor iiabiiity poiicy I found a gap of 4I days. This resuited from the previous agent's faiIure to renew this poiicy on 3an. i!, i981. The new agent was given permission to write this poiicy effective Feb. ii, i9Si. It wouId be my recommen- dation that the.previous agbnt be sent a ~e~tifie~ letter placing him/ her on notice of the City'~ intent to look to that dgent for reim- bursement should any claim prise from that period. Reimbursement should include at least claim awards and defense fees. Since the Liquor Store does not necessarily enjoy the same notice provisions ~ that the City has it is noti reasonable to assume that a claim would ow prior to the six year statute of limitation. up To include the Minnesota Dr to the Umbrella Policy. To have someone review ali that the insurance provisio compiiance. This means th~ cases they think they shouii when they think they are do In reviewing your poiicies Boiler Policy to cover the that Boiler Inspector revie as to whether this type of inspection can be arranged this protection is needed t To remove the aggregate lin~t from the Umbrella poIicy. I have ieft the most diffic officers in the City may or related activities. At the where discrimination is bei lP83. These claims can be Public Officials Policy. denying coverage under the little or no case iaw on t~ if these denials are proper. It is for this reason that a new poiicy has been deveioped cailed a Polic~ Officers Protective Policyr This policy is expensive, which na~es this a diffiicult recommendation, but your agent should look to quote it for you. Hopefully the cost can be kept at ~00 per office~. ~m Law Liability Policy as an underlying policy contracts the City has made to ascertain ns as they relate to the City are in ~ the City is supplying insurance in those be and is transferring that responsibility ng so. it was noted that City does not have a gas furnaces. It would be my suggestion ~ the plants and make his recommendation policy should be purchased. This by your agent at no cost to the City. If he cost would be less than $500, in my judgement. ~lt recommendation until last. The police may not have protection for their work present .claims are beginning to show up ng alleged against the officer under Chapter handled by the General Liability or the he problem is that most companies are e policies to the officers. Since there is ese situations it is difficult to know April 9, 1982 5341 MAYWOOD ROAD r,'~OUt,~D. Mfr4NESOTA 55364 (612) 472-115,5 TO: FROM: CITY COUNCIL JON ELAM, CITY MANAGER The City has had a real problem ~ith the Neptune water meters they purchased four years ago. At this time we have at least 250 meters out of order and in need of repair. Our failure rate for t~e meters exceeds 20%. Clearly we have got to do something, otherwise the Water Department crews will be tied up almost ful!l time repairing meters they have already installed once. I thought this would be a good chance for the Greg's to show you the speciific meter problems and what ideas and suggestions we have for sol~ing this serious problem. We need your support and ideas as well, of course. JE:fc Badger Meter, lnc. Flow Products Division 4545 West Brown Deer Road Milwaukee, Wisconsin 53223 (414) 355-0400 tenq ? Mr. Jon Elam, City Manager Water Department 5341 Maywood Road Mound, MN 55364 Subject: Price Quotation Dear Mr. Elam: April 6, 1982 are pleased to quote the following: 250 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C 500 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C Trade-in value for 5/8" Bronze meters $41.00 38.95 7.48 Terms are net 30 days. Freight will be prepaid and allowed on all orders of $1000.00 or more. "Prices are firm for acceptance within 60 days. and an order placed within that time period will indicate ac- ceptance. Either party shall have the option of price renegotiation six months from the date of the order." Attached is bulletin RD-2, descriptive and illustrative of the meters we are quoting on. We sincerely appreciate the opportunity of placing this quotation before you and hope it meets with your approval. Very truly yours, A.. J. Derse Northern Region Sales Manager AJD:jg Att. cc: Tim McCool At the request of our sales representative, Tim McCool, we J~g tM 'e@~neMl!l/'.i '660&~ xol3 'O'd 'peo~ J~9@(] UMOJ~ 'M gl'gl? UO!S!A!(] slonpOJc:l MOI_-I 'Ol,ll'JO:J.O~J~)§pe~ (g Srlqd) g~93aol/4 :l_-I]l ?: 23, 1982 o: City of Mound From: F~rsha & Robert Ptacek Subject: Concession stand F~ wife and I would like to~!apply to be able to have our stand at Mound Bay Park again this summer. We would be agreeing to the same stipulations as last year. Thank you very much for you time, again... Robert Ptacek 5510 Three Points Blvd. Mound, Minno 777 June 18, 1981 To: City of Mound ~ Mound, ~[lnn. I From: F~rsha J. & Robert Ac P..ta~ek 5510 Three Points Blvd, Mound, Minn. 55364 Subject: Agreement of resolution no° 81-160 We being F~rsha J. Ptadek, and Robert A. Ptacek(wife and husbands do agree to the stipulations of resolution no. 81-160, pertaining to the acquisition of a concession stand permit in the Mound Bay Park. Stipulations being as fc 1. The stand owners pay as rent, to be set~l~ 2o The concessionaire ps 3. Operation could be fi 4. Stand could operate 5. Stand could operate 6. Operator will have a own trash. 7. Operator carry own ii llows: the city 5% of the gross receipts d up on a bi-weekly bassis. y own electricity. 'om 9:00 acm. to 9:30!p.mo days a week. arch through 0ctober~ schedule of cleanup of area of his su~ance in amounts specified by city. Thank you, Y~arsha J. ~ta~ TO: FROM: SUBJECT: Jon Elam, City ~hnager Letter of Con~nendation/1 ' On the evening of Monday, March Gary Cayo , Off. Cayo recei' 5341 MAYWOOi) ROAD MOUND, M N'*.'E~ ,7"/'. 5.'-3f .,: f612~ ,472-1t 5:- red a radio call from Hennepin County Radio Doone Park. Off. Cayo went to drive pick-up truck stopped for truck had minor front end dam~ wheels and chassis. Off. Cayo i,~e~ie~ed and both admitted causing the da~g~to ithe park. By his quick response to the sce~ ~fthe call, Off. Cayo persons responsible for the $3,4~ Wage to public prope: of senseless crime very often goI~ ~npu~ished because wit~ notify police and police are us I~1~ helpless to find the these types of crimes. Off. C Iq ~es~e~ves special menti, lent patrol and interview techniq~fs I i ef BW/sh ing vandalism in progress in of the park and fCund a four wheel sign at Donald a~d Tuxedo. The Considerable mud an~sod on the the two juveniles in the truck yours, apprehended the Iruce H. Wold )olice Department ~'ty. This type ~esses fail to perpetrators of )n for his excel- APril, 1, 1982 300 MetroSqt .... GeneralOffice mANAG[~ i~EI~ CITY OF MOUND ~UND A Metropolitan Council Bulletin for Community For more information on items mentioned in this pul call the Public Information Office at 291-6464. April 2, 1982 RECENT COUNCIL ACTIONS (March 22-April 2) METROPOLITAN COUNCIL Comprehensive Plans - The Metropolitan Council said ' Minneapolis and St. Paul comprehensive plans conform with regional growth and development. No modifications were required. A primary goal of the Minneapolis plan is to stabilize ils population, which declined from 434,400 in 1970 to 370 in 1980. The plan also said six million square feet of corn cial and office space and three hotels are expected to be to the city's downtown by 1990. Minneapolis further ex that 35,000 more people will work downtown by 1990, no decrease in employment elsewhere in the city. St. Paul's plan focuses on four objectives: 1) repairing replacing sewer and water lines, streets, lighting, bridges, walks, public buildings and parks as needed; 2) retaining exi~ lng jobs and expanding employment opportunities; 3) main- ~ining and improving the city's housing stock and constructi affordable units; and 4) pursuing energy efficiency ~rough maintenance, conservation and innovation. Housing -- The Council said a St. Francis plan to sell $2 million in tax-exempt mortgage revenue bonds to finance struction of Abbey Field Townhouses is consistent with housing policies and goals. However, the Council advised the city to expand its sewage treatment facility in 1982 to treat increased sewage flow from the 42-unit development. The units are to be reserved under the federal Section 8 program for families with Iow and moderate incomes. Health -- The Council: -- Adopted a revised Health Systems Plan for the Twin Metropolitan Area and a 1982 Annum Implementation Plan for health care. The health systems plan is to "implement a competitive health care system" in the Metropolitan Area b helping to control rapidly rising hospital costs. The plan ommends releasing hospital cost and price information 1 public and changing employee health insurance plans. -- Recommended approval of a certificate of need for Chil- dren's Health Center, Inc., 2525 Chicago Av., Minneapolis, for an estimated $18.3 million expansion and renovation. Arts -- The Council approved McKnight Excellence in th~ Arts grants totaling $90,000 for six small professional arts organizations in the Metropolitan Area. The following groups were awarded $15,000 each: At the Foot of the Mountain, 2000 S. 5th St., Minneapolis; The Loft, 3200 Chicago Av., Minneapolis; The Minnesota Composers Forum, 302 Landmark Center, St. Paul; Theatre de la Jeune Lune, 430 1st Av. N., Minneapolis; Artspace Reu~ rojects, Inc., 400 1st Av. N., Minneapolis; and Women's egistry of Minnesota, 414 1st Ay. N., Minneapolis. Transportation - The Council recommended approval of. $7,000 federal grant for a rideshare demonstration pro Eden Prairie. The project's goals are to test the potential for small-scale ridesharing effort at the local level, ease traffic congestion on local streets and provide Iow-cost alternatives to single-rider vehicles. The Eden Prairie Chamber of Commerce : proposal now goes to the Federal Highway Administration for II ifinal approval. Other -- The Council recommended approval of a Cottage Grove plan for land use and~!environmental protection along the Mississippi River. The COuncil said that when funding becomes available, Cottage Grove should reevaluate whether there are alternative routes Closer to the river for a proposed i regional trail between Denn~ark and Grey Cloud Townships. The plan now goes to the Minnesota Envirdnmental Quality Board for final approval. Correction -- The March !19 issue of the Review incorrectly the Council had voted to assist Grey Cloud Township in a i; legal defense of ~ts enwronmental ordinances. The Counc ili decided to provide technica~ assistance, which may include ~! isorne help of a legal nature to the township. ; PUBLIC HEARINGS Metropolitan Health Board -- April 14, Council Chambers. 5 p.m. - Twin Birch Health Care Center, Spring Park; ificate of need request tO add 70 new beds at an estimated cost of $1.7 million. , 6 p.m. - 2020 Adolescent Receiving Center, Minneapolis; certificate of need request for a 14-bed sub-acute detoxifica- tion center at an estimated Cost of $90,851. PUBLIC HEARING TO coNTRoL SURFACE WATER .UNO SEt FOR APR,, 9 The Metropolitan Councill will hold a public hearing on its surface water management plan on April 29, 1982, from 5:30 p.m. and reconvening at 7 p.m. (changed from !6:30 p.m.) in the Council Chambers. The hearing is to obtain Public comments on the surface management section df the Water Resources Manage- Development Gu/de. ~he plan deals with problems lused by snowmelt and storm water runoff, which pollutes ie Region's rivers, lakes and streams, and causes erosion, and related problems. The plan describes the prob- ems in the Metropolitan Area, recommends solutions and responsibilities to c~rry out a region-wide surface management program; For copies of the draft plan, available at no charge, call Ihe Council's Public Information Office at 291-6464. T DAVID BRODER TO SPEAK AT PREMACK MEMORIAL PROGRAM David Broder, political columnist for the Washington Post, Will be the guest speaker at the annual Frank Premack Memor- ial program April 5. The program is held to honor the memory of Frank Premack, Minneapolis Tribune reporter and editor in 1975. Three awards for journalistic excellence in 3ublic affairs reporting will be given. The program, at the University of Minnesota Law School, begins at 7:30 p.m. Persons interested in attendi,ng should call the Citizens League, 338-0791. NEW COUNCIL PUBLICATIONS Help with Housing: Counseling Agencies in the Twin, Area. February 1982. Report summarizes responses of 1 Area agencies that provide housing information, referral counseling services. Most of them publicly report an increase in requests for help in finding housing, many no longer from just people with Iow Report lists agencies and services, Publication no. 44 pages; $1.50. Emp/oyrnent in the Twin Cities Metropofitan Area, 1980. February 1982. Data-log says nonagricultural empl. ment in the Area went up by 16,900 workers between and 1980 to a total work force of 1,093,700. Area also increased its share of all new jobs in the state. Main employment increase was continued growth in medical business services, data-log says. Publication no. 01 18 pages; $1. Water Resources Management Oeve/opment Gu/de: Part 1. Sewage Treatment and Handling Policy Plan. 1982. Update of 1979 plan, document recommends ex phaseout or upgrading of Area sewage treatment plants, a proposals for large intercommunity sewer lines. Its goals meet federal water quality standards and 20-year regional service needs. Publication no, 62-81-025A; 103 pages; $2. Potent/a/Sewage Sludge and Ash Disposal Sites. Janua 1982. This report, submitted to the Minnesota Pollution trol Agency (PCA), describes and analyzes sites Metropolitan Council as possible locations for land dis sewage sludge and sludge ash. The PCA will use informati~ the report as it considers the environmental "intrinsic ability" of nine potential sites. Publication no. 1 34 pages; $1. A 1981 Study of the Water Quality of 30 Lakes in the Seven-County Metropolitan Area. March 1982. Report u[ similar report on 60 akes completed in 1980. It describesl!tltel water quality of 30 Area lakes and assesses impact of poll~-~ ants. Report concludes that reduction of 'nonpoint' soul of pollution, such as storm water runoff from farms and areas, will improve water quality in lakes over time. t/on no. 10-82-005; 32 pages; $1.25. Housing Construction in the Twin Cities Metropofitan, 1980. March 1982. Data-log analyzes how Area's housing stock grew during 1980, including single-family homes, houses, multifamily units and mobile homes. A total of housing permits were issued in 1980, the fourth-lowest nui since 1965. There were one-third fewer single-family starts than in 1979. Publication no. 01-82-010; 35 pages; I OTHER NEW PUBLICATIONS American Indian Alcoholism in St. Paul Report provi¢ both hard data about alcoholism among American Indian= wider social and cultural context. Findings based on a stu designed and conducted largely by American Indians. Inci annotated bibliography· Joint publication of Center for U and Regional Affairs (CURA) at University of Community Planning Organization, Inc., St. Paul. Sin of 60-page report available free from CURA, 373-7833. COMING MEETINGS (April 5-16) Metropolitan Parks and Open Space Commission - M~ April 5, 3 p.m., Conference Room E. The commission is expected to discuss plans for an Apl Dakota County tour and meeting, north Hennepin tion trail highway bridge issues, and the draft statement regional recreation open space funding priorities. The sion also will hear: a report on the Area's major landscape types; public presentations; and commission, chairman and staff reports. Human Resources Committee - Monday, April 5, 4 p.m., Council Chambers· The committee is expected to act on amendments to St. Louis Park's tax-exempt mortgage revenue bond plan. The {Ommittee also will discuS~ a strategy for implementaion of a report by the Housing, Haalth and Aging Task Force and will hear presentations by spa0soring advisory committees. Community Reinvestment Fund Forum - Tuesday, April 6, 10 a.m., Council ChamberS. Agenda items include an update on urban enterprise zone legislation and a discussion of the Minnesota White House Con- ference on Small Business iand the Minnesota Conference on Small Business. ,ii Transportation Subconlmittee - Tuesday, April 6, 3 p.m., Room E. The committee is expected to act on interstate substitution projects. Technical Advisory COmmittee (Transportation) - Wednes- day, April 7, 9 a.m., Couh~:il Chambers. The committee will diSCuss the revised schedule for the interstate highway program, transportation policy plan status report and airport south ~l~udy. The committee will hear sub- COmmittee reports on transportation system planning, program development, aviation, air iquality, interstate substitution, and interagency activities inclqding 1982 goals and objectives. The comm. ittee also will hear rSports from several regional and state agencms. ~ Metropolitan Waste Management Advisory Committee - Wednesday, April 7, 2 P.m., Council Chambers. The committee is expeqted to act on a Washington County request to reduce its landflll site complement, and set a public meeting on preliminary s'~aff evaluation of the Dakota County candidate solid waste land~ill site inventory, which includes sites in Laker/lie, Rosemd~nt, Empire, Pine Bend and Hampton. The committee ~also will discuss a site tour in Carver County and the Metropol,itan Waste Control Commission's sludge landspreading proglram. Chairman's Advisory Cemmittee - Wednesday, April 7, 7:30 p.m., Council Chamb~ers. Agenda to be determir~ed. Physical Development iCommittee -- Thursday, April 8, 2:30 p.m., Councd Chambers. The committee is expected to set a public meeting on pre- lira/nary staff evaluation Of Dakota County candidate solid waste landfill site inventory and act on Plymouth's compre- !hensive p an and the nte~S~ate highway substitution program for fiscal year 1983. The ~¢mmittee also will hear reports on Ramsey County's solid waSte abatement program and the perks and open space wor~ program. Metropolitan Council ~ Thursday, April 8, 4 p.m., Council Chambers, i~ The Council will act o~recommendations of its Human esources, Physical DevelOpment and Executive Committees. Air Quality Committe~ L- Tuesday, April 13, 9:30 a.m., Conference Room B. : Reinvestment Fund Forum -- Tuesday, April 13, 10 a.m., Council Chambers. Transportation Subcommittee - Tuesday, April 13, 3 p.m., Conference Room E. Metropolitan Emergency Medical Services Advisory Com- mittee - Tuesday, April 13, 4 p.m., Council Chambers. Executive Committee --Tuesday, April 13, 5 p.m., Con- ference Room E. Metropolitan Health B~ard - Wednesday, April 14, 4 p.m., Council Chambers. Physical Development Committee - Thursday, April 15, 2 p.m., Council Chambers. '~ OFFICE OF PLANNING:& DEVELOPMENT Minneapolis, Mint .55487 2308 Governmen' "Ei"EP'[~.J (612) 348-4466 March 29, 1982 Ms. Margery Stutsman Mound City Manager 5341Maywood Road Mound, MN 55364 Dear Ms. Stutsman: The Hennepin County Office of Plain summary data from the 1980 census. prepared for each municipality and these tables with the data for Hem of the entire 600 page document ar~ the Office of Planning and DeveloP~ ment Center Information Library (C- These reports-are only a selection summary tape. Approximately 18 of eral distribution. An index to all the Office of Planning and Develop~ 348 -7423 for a copy of the index. Development has received the first le selection ofitables has been Itract in the County (a copy of ~ty is attached).; Reference copies for review inithree locations: .08), the Hennepi~n County Govern- ,d the SouthdalelLibrary. e data available from this first .bles have been iincluded for gen- ~s is available Upon request from ~ase contact Theresa Fries at Si ncerely, Sr. Statistical Analyst tf Attachment HENNEPIN COUNTY an equal opportunity employer I i: it LAKE MINN 402 EAST LAKE STREET April 2, 1982 Frank R Hut~! Jr., Vice Chairman E~Drlng Park Roberl P RascoD. Secretary Tonka E~ay Orval Fi. Fenstad Mound Orono Lois C Johnson Wayza~ Robert E Slocum Wood,and R~chard J $oclerOerg City of Mound c/o Jonathan E 5341Maywood Mound, MN 5536. Subject: 1982 Dear Mr. Elam: The Lake of Directors license for The license, is enclosed. We appreciate "Save the Sincerely, Frank Mixa Executive FM:jm Enc. cc: LMCD CONSERyATIoN MINNESOTA 55391 er il~ Dock and Mooriig Area ~tion Distr~ct Board your multipl~ dock LMCD stipulations, in helping to ION DISTRICT DISTRICT TELEPHONE 6121473-7033 FRANK MIXA, EXECUTIVE DIRECTOR No. 82-52 Fee Waived (400 units) MULTIPLE ARE LAKE MINNETONKA County of Hermepil CITY OF MOUND WHEREA3, c/o Jonathan R. Elam, Manager, Fee Waived has paid the sum of to the Treasurer of said LAKE MINNETONKA of said District and complied with all the requirer License: NOW. THEREFORE, By order of the said City of Mound operate a.multiple dock subject to and regulations adopted by the 1982 dock for the peric, d' of the ending December 31, 82 __19 subject to Given under my hand and the corporate 27 th January this Attest.~ Executive MOO ING· . DISTRI~JT of Minnesota ss. ~ Road, City DISTRICT as reqt Ordinances necessa ~tors of said District an¢ is hereby licel~ and future densi( of Directors Mound DOLLARS r~ by the Ordinances for obtaining this by virtue.hereof, the sed and authorized to :y policies ns and provisions of __season and }rdinances. DISTRICT American Post 398 DATE MARCH 3~, 1982 GAMBL} NG RFFOR~ GROSS: MONTH Y~R TO DATE L]'O. O0 ~,~0 o O0 EXPENSES: ~A/ES q AX PAYOUT AS PRIZES: PROFIT: .00 ~,SOa. ~8 ~750. O0 DISTRIBUTION OF PROFITS: .AT BOOSteRS CHFCKING ACCOUNT ,. 00 Met 801 American Center Building April 5, 1982 nsit Commission Minnesota 55101 :ii 6121221-0939 Mayor Rock Lindlan City of Mound 5341 Maywood Road Mound, MN 55364 RE: Suspension of Passenger Dear Mayor Lindlan: On March 17, 1982, the Metro' terminate all future ~ already contractually commitl proceeding with the 1982 She] early February of this year. coupled with shrinking source Commission's decision. Shelters which have been inc: installed this year. There cities which have shelter s you are in doubt as to wheth. program, please contact me. Sincerely, - / ~ ;i ,--"h} -' ' '~Laur~nce R. Schumi Civil Engineer LRS/sk/095 elter Developme~ Activities iii! nsit Commission moved to t activities to ~hich it is not that the ~C will not be which was prop)sed to you in ~struction and mlintenance costs is the reason f ~r the "1981" project!l!will be communicat .on with those in that projec .; however, if is included inlthe 1981 cc: Cecil M. Tammen Commissioner Kincannon 7?/ P.O. Box 387, Wayzata, Minnesota 55391 BOARD Ol: MANAGERS: David Ho Cochran, Pres. · Albert L Lehman · Jamel S. Ru~el! John E. Thomas LAKE MINNETONKAi i 1982 OTA DEAR INTERESTED CITIZEN: Enclosed for you~ Creek Watershed District's free to contact any member Managers should you have any District's activities. a copy )rt for .~rshed ~B or c of ti 1981 Minnehaha Please feel s Board of the Cochran, sident Di strict DHC/mb Enclosure cc: Board of Managers ??.2. MINNEHAHA CREEK DISTRICT ANNUAL 1981 March ~ 1982 7?3 Introduction Permit Applications Hydrologic Data Collection Minnehaha Creek~Improvement Gray's Bay Control Structure Water Maintenan¢:e and Repair Galpin Lake Sto~m Drainage Municipal Storm Water Manac Upper Watershed Storage and West 44th Stree~ Improvement Creek Clean-Up Budget/1982 Withdrawal of L~nds Financial Records t Project s Project Page 1 2 2 2 2 3 4 4 4 5 5 5 5 5 INTRODUCTION The names, addresses David H. Cochran James S. Russell Albert L. Lehman 46 Ex( Mi 360~ John E. Thomas 632 Exl Barbara J.R. Gudmundson 550! The present officers David H. Cochran Albert L. Lehman John E. Thomas James S. Russell During 1981, twelve on the third Thursday of City Hall. The managers mental units affected by the district and honored and state officials as well groups. Approximately 30 managers received subst and Carver County Boards of greatly assisted the d 1981. Representatives of the meeting of the Minnesota December 4 & 5, 1981, and the Watershed Districts held Jan% As in previous years, of all meetings and reports officials throughout the di were filed in 1981 with the Boards of County Commission~ with State Senators and Re area. ,f the managek~ Circle 55331 Avenue South MN ~5410 ~nrise Drive ~ 55343 Road 55331. .ue South MN 55417 are: Term Expires March 8, 1984 Term Expires March 8, 1982 Term Expires March 8, 1982 Term Expires March 8, 1983 Term Expires March 8, 1983 PresidentL Vice Pres~ Secretary[ Treasurer :ings were heX~ by the managers ~t 7:30 p.m. $~ the Wayzata ~formation wi~ other govern- and policie~l~ )f the watershed ~nd meetings 9 municipal, county ~gs of intere, ed citizens and ~gs were atten ~ed in 1981. The ~nd assistah from the Hennepin :rs through :he year which ring out its ~rograms during Managers att~.~ded the annual of Watershed Districts on of the Metr~)~°litan Area .,rs supplied ~)pies of minutes .,sted citizens and to public ;opies of the L980 Annual Report Water Resour ~es Board, the and Car ,er Counties and s from the w~[tershed district PERMIT APPLICATIONS The watershed district 19.'8-1. In each instance, the by the managers for environ the district's rules and regu2 for projects such as dredging~ and utility crossings, setbac] review and drainage and gradil attached showing the location As in previous years, a received were from the Lake district, reflecting the cont: Ail permits granted by ti require compliance with appli~ the permit involves Lake Minn~ regulations of the Lake Minne~ addition, permits issued by pliance with any applicable ment of Natural Resources. as necessary regarding compla~ HYDROLOGIC DATA COLLECTION The hydrologic data coll~ 1981. The data for 1980 is Report dated July, 1981. Cop able to the Minnesota Water Council, the Minnesota Pollut Natural Resources and local advisory groups. MINNEHAHA CREEK IMPROVEMENT The final accountings f61 Project were completed during Fund was closed. GRAY'S BAY CONTROL STRUCTURE The district continued Operational Plan for the oper. .26 permit ap] project was s and Applicationl .ne erosion :es, filling, developmel of applicatl iority of the portion of' ~banization o ~hed district )al ordin applicabl~ Di: district of the Minl of Managers ~ permit viola' ications during viewed in detail compliance with were received )tection, highway ~re liminary plat :_ A summary is ~n received. ~pplications ~e watershed !that area. ~ipecifically ~ces and, if ,ordinances or :rict. In ~equire com- ~sota Depart- ~so took action [ions. iram was co~. ~inued during in the annua'~ ~ydrologic Data ese reports~re made avail- Board, the M~l~ropolitan 1 Agency, t~ Department of officials ~ citizens' Creek the Improve its Managem~ the control ~mp rovement ~nt Project ~t Policy and ~ ~ructure at Gray's Bay during 1981. During 1981, the managers entered into an operating agreement with the City of Minnetonka to perform oper- ational and maintenance tasks. The district also proposed modifications to the Management Policy and Operational Plan for the control structure in light of the experience gained during 1980. On June 18, 1981, the managers held a public hearing on the proposed changes and on August 6, 1981, the Minnesota Department of Natural Resources approved the requested modifications to the MDNR permit for the control structure. As a result of the comments made at the public hearing, the managers directed the staff to investigate further changes to the Management Policy and Operational Plan to better accomplish the purposes of flood control, lake level stabilization, and augment- ing Minnehaha Creek flow. As of year end, the staff had prepared suggested changes for board review to accomplish these objectives. It is anticipated that the requested modifications will be sub- mitted to the Minnesota Department of Natural Resources and all the municipalities within the district during 1982. During 1981, the managers continued to rely heavily upon participation of each of the creekside municipalities in record- ing creek elevations and flows and reporting that data to the district. The district prepared monthly summaries of this data and made these summaries available to interested municipalities and citizens. The assistance of each of the municipalities was invaluable to the district in making the operational adjust- ments required during 1981 to accomplish the management objec- tives of the Headwaters Control Structure. WATER MAINTENANCE AND REPAIR FUND In 1981, the Board of Managers continued its practice of requesting from the municipalities within the district suggestions for maintenance projects to be paid for from the Water Maintenance and Repair Fund. From the numerous requests received, the managers approve~ six projects with municipalities of the district. Included among the projects were aquatic weed cutting, retaining wall repair, storm sewer improvement, rip-rap placement, creek bank stabilization and creek dredging. In all cases, the grants were conditioned upon the work being arranged for and supervised by the city involved, either through city employees or by a contractor, and upon payment by the water- shed district only after inspection and approval by the engineer for the district. The availability of municipal matching funds with which to complete the projects was one of the factors considered by the managers in making the grants. GALPIN LAKE STOP~4 DRAINAGE IMPROVEMENT PROJECT At the request of the City of Excelsior, the managers tabled further action on the petition of the City of Excelsior to under- take a drainage improvement project in the Galpin Lake Subwater- shed. In September of 1981, the city undertook efforts to clean the drainageway between Galpin Lake and Lake Minnetonka. As a re- sult of that activity, it is anticipated that the city will assess whether further action is needed. MUNICIPAL STORM WATER MANAGEMENT PLANS The managers reviewed proposed municipal storm water manage- ment plans from many of the municipalities within the watershed district during 1981. In each case, the engineer prepared comments regarding the draft plan and submitted his comments and suggestions to the individual municipality. UPPER WATERSHED STORAGE AND RETENTION PROJECT The work plan for studying the feasibility of the Upper Watershed Storage and Retention Project within the Painter Creek Subwatershed was undertaken during 1981. The board formed an advisory committee consisting of representatives of each of the municipalities within the Painter Creek Subwatershed as well as public members to advise the board with respect to the project. The advisory committee met regularly during 1981 and assisted in the holding of public informational meetings in the areas of the proposed project activities. As of year end, additional investi- gative work remains to be accomplished and further public informa- tional meetings will be held during 1982 prior to completion of the engineer's preliminary report on the project. WEST 44th STREET IMPROVEMENT PROJECT During 1981, the managers entered into a cooperative agreement wi-th the City of Edina to provide for creek dredging in the vicinity of West 44th Street in the City of Edina. This project had initi- ally been contemplated under the Basic Water and Land Management Improvement Project for Minnehaha Creek but had been deleted because of the high bids received at that time. The managers awarded a con- tract for the work in September of 1981. CREEK CLE~/~- UP The St. Louis Park Boy Scout Troop again organized a fall clean-up of the creek within St. Louis Park. The managers express their continuing appreciation for these voluntary activities to increase the aesthetic value of Minnehaha Creek. BUDGET/1982 As required by law, the managers, pursuant to notice, held a public hearing in September, 1981, on a proposed Administrative Fund budget and a proposed Water Maintenance and Repair Fund budget. Following the hearing, the managers adopted their 1982 budgets for these funds. WITHDRAWAL OF LANDS During 1980, the Elm Creek Conservation Commission petitioned the Water Resources Board to withdraw certain lands from the legal boundaries of the Minnehaha Creek Watershed District on the basis that those lands no longer drained into the Minnehaha Creek Water- shed. Following hearing, the Water Resources Board approved the petition and withdrew certain property within the City of Medina from the legal boundaries of the district. FINANCIAL RECORDS The financial records of the district are kept by a certified public accountant. All financial transactions are recorded in the minutes of its meetings. The treasurer of the district maintains separate records for two funds: (1) its Administrative Fund; and (2) the Water Mainten- ance and Repair Fund. During 1981, the Minnehaha Creek Improvement Pr.-oject Fund was closed because this project has been completed. The managers created a Data Acquisition Fund in September of 1981 to provide for making the necessary surveys and acquiring data in connection with district activities. Records for each of these funds includes the dates and amounts of all expenditures, the names of individuals receiving payment and the purposes for which payment is made. The official depository for the district is the Wayzata State Bank, Wayzata, Minnesota. The financial records of the district were audited for the year 1981 and a copy of the audit was filed with the State Auditor for the State of Minnesota. Respectfully submitted, ~avf~H. Cochran, President Board of Managers of the Minnehaha Creek Watershed District %00 1981 PERMIT kPPL1CAI'IONS Chanhassen Oeephaven Edina £xcelsior Golden Valley Greenwood Hopkins In~ependence Laketown Twp. Long Lake Maple Plain Medina Minnetonka Minneapolis Minnetonka Beach Minnetrista Mound Orono Plymouth Richfield St. Bonifaciu$ St. Louis Park Shorewood Spring Park Tonka Bay Victoria Wayzata Total s LAKE MINNETONKA CONSERVATION 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 BOARD MEMBERS DISTRICT TELEPHONE 6121473-7033 FRANK MIXA, EXECUTIVE DIRECTOR FlcVoert T~ton E~rown, Chaa'rnan Greenwood Frank FI. Hunt, Jr., Vice Cnalrn'~an Spring Park Robert P, Rascol~. Secretary Edward G, Bauman, Treasurer Tonka E~ay Alan Fasching ainne trista Ocval R. Fenstad Mound Richard J. Garwood Deephaven Jo Eaen Hun' Lois C. Jol"mson M~nnetonka Beach M. Jerr~ Jotmson Excelsior Robert S. aacNarnara Wayzata RoO®rt K, Pillsbury Minnetonka Robert E .~,locurn Woodland Richard J. Soc~ert)erg TO: }~2~BER MUNICIPALITIES DATE: March 29, 1982 Please find enclosed for your records a copy of the Financial Statement of the Lake Minnetonka Conservation District for 1981, and an additional copy for posting. The 1981 Financial Statement was accepted by the Board of Directors at its regular meeting on March 24, 1982. Frank Mixa Executive Director FM:jm Enc. 2 cc: LMCD Board Members LAKE MINNETONKA CONSERVATION DISTRICT FIi~IA'NCI^L STATEMENT 1981 LAKE Iv':INNETOi4KA CONSER\,'ATIO;4 DIS'i- It;CT FINANCIAL STATEMENT 1981 STATEMENT OF CASH RECEIPTS, DISBURSEMENTS, BALANCES Fund General Petty Cash Save the Lake Total Balance 1-1-81 Receipts Disbursements $32,401.38 $ 87,363.55 $75,695.87 50.00 11,124.31 18~027.43 9,852.23 $43,575.69 $105,390.98 $85,548.10 Balance 12-31-81 $44,069.06 50.00 19,299.51 $63,418.57 Balance 12-31-81 Investments General Fund Save the Lake Fund Balance 1-1-81 Purchased Redeemed $26,266.01 11,000.00 $89,702.66 $115,968.67 $ 27,000.00 38,000.00 Edward G. Bauman Treasurer -0- CLASSIFICATION OF RECEIPTS - 1981 Donations Other Income Total Save the Lake Fund LMCD Communities (dues) Other Income Total General Fund TOTAL RECEIPTS - 1981 Save the Lake Fund General Fund $15,965.90 2,061.53 $55,O71.O0 32,292.55 $18,027.43 87,363.55 $105,390.98 Projects Total Save the CLASSIFICATION OF DISBURSEMENTS - 1981 Lake Fund Save the Lake Fund $ 9,852.23 $ 9,852.23 (Balance forwarded) ~0 ('~ L,t,KE ,~,',l,Lllq E'EC:~iIA COI;SERV/',TIO;,' D',STRfCT LMCD 1981 Financial Statement Page 2 CLASSIFICATION OF DISBURSEMENTS - 198] (Continued) Brought forward: Save the Lake Fund $ 9,852.23 Administration Personal Services Salaries Auditing Services Total Personal Services General Fund $41,046.00 400.00 $41,446.00 Contractual Services Telephone Postage Printing, Publication & Adv. Utilities Maintenance: Office Equipment Janitorial Services Other Contractual Services Total Contractual Services 505.45 1,075.07 903.23 419.55 1,264.23 600.00 2,033.67 6,801.20 Commodities & Supplies Office Supplies Books & Periodicals General Supplies Total Commodities & Supplies $ 1,918.58 95.00 150.53 2,164.11 Other Charges Office Rent Insurance & Bonds Memberships Employer Contributions Mileage & Expenses Refunds Total Other Charges $ 1,980.00 1,715.00 155.00 6,802.13 1,158.68 974.05 12,784.86 Capital Outlay Office Furniture, Fixtures & Equipment Total Capital Outlay $ 608.36 608.36 Legal Legal Services Total Legal $10,486.40 10,486.40 Committees & Contingency Water Structures & Environment Lake Use Executive Committee Public Information & Program Total Committees & Contingency Total General Fund $ 220.33 1,157.06 27.55 1,404.94 75,695.87 TOTAL DISBURSEMENTS - 1981 $85,548.10 WURST GEI;~ALD T. CARROLL THOMAS F. UNDERWOOD ALBERT FAULCONER T~ JAMES D- LARSON LAW OFFICES WURST, CARROLL & PEARSON IIOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 April 8, 1982 TELEPHONE (61 ::') 338-8911 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Dear Jon: At the council meetinl presented to the coun. the Anderson building council wanted to kn~ bilities may be in th~ Sale of Snderson Building on April 6 an option and a letter were :il regarding parties who wanted to acquire During the course of the discussions the what its specific authority and responsi- sale of real property. Under Minnesota Statutes Section 412.211 the City has authority to acquire "by purchase,I gift, device, condemnation, lease or otherwise, and may hold, manage,jcontrol, sell, convey, lease or otherwise dispose of such property as its interests require. . " This general authority is ~ufficient to allow the City to sell the Anderson building. J I am enclosing herewith copies of material from the Handbook for Statutory Cities published by the League of Minnesota Municipalities concerning the acquisition and sale of real estate, eminent domain and relocation. Please note on page 183 the second column, that the council should not authorize the sale or disposition of property without seeking the advice and prior approval of its attorney be- cause of the many ramifications which are spelled out which could have an effect on the conveyance of property. The council is also warned to proceed with deliberate determination so that the long term public interest will not be harmed by an action which may seem to serve an immediate need. You will also note that under Minnesota Statute 462.356, Subd. 2, the legislature has made certain rules relating to the disposal of land after the adoption of a comprehensive plan. Subdivision 2 reads as follows: Mr. Jon Elam Page 2 April 8, 1982 Wurst, CARrOLl & PEarSON "Subd. 2. Compliance with municipal plan or section by the planning agency and lan. After a comprehensive :hereof has been recommended a coPy filed with the governing body, no publicly owned in':erest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality of special district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the planning agency has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the governing body or othel political subdivision conc~ of the proposed acquisitio~ comprehensive municipal pl to report on the proposal' or such other period as ma' special district or agency or ~.rned, its findings as to compliance disposal or improvement with the ~n. Failure of the planning agency ~ithin 45 days after such a reference, be designated by the governing body shall be deemed to have satisfied the requirements of this subdivision. The governing body may, by resolution adopted by two-thirds vote dispens~ with the requirements of this sub- division when in its judgment it finds that the proposed acquisition or disposal of/real property or capital improve- ments has no relationship ~o the comprehensive municipal plan." You may note that the council ~an avoid the planning commission if by a 2/3rds vote they adopt a resolution dispensing with the require- ments of this subdivision makiDg aifinding that the disposal of the real property has no relationship to the comprehensive municipal p lan. Jon, in addition to the pages additional comments from The L Disposition by Sale. With the council will be advised by you practical matter, it would see property the council would ac1 would first attempt to obtain from the Handbook, I am enclosing aw of Local Government Operations on se treatises I believe you and the legal authority to proceed. As a to me that in the sale of the as any other prudent seller. It appraisal or an evaluation to ascer- tain the approximate market ~alue of the property. It would secondly try to determine why 'it is selling the property and what it hopes to accomplish. In this case the sale of the property is not nearly as important as the use of the property by the new owner. Therefore, in the sale proceedings and before adopting any option or purchase agreement, terms should be negotiated regarding the development plans of the purchaser. The City may well accept a lower price if the improvements to the building will work to the public benefit. Mr. Jon Elam Page 3 April 8, 1982 WURST, CARROLL & PEARSON i This will also confirm that in! referred two architects to you redevelopment. I believe that adopted we should negotiate te~ bond that they will redevelop ~ plans. I hope that the eventu this structure of which all th be proud. CAP: ms dealing with another matter I have who deal in this particular type of before any sales document is ~s and possibly even require a .n accordance with certain specified Lli outcome will provide a use for !residents of the City of Mound can Very truly yours,~ ~rtis A. Pearson City Attorney 182 quire coordinated activity. The laws concerning shorelands control, flood plain management, criti- cal areas, and wild and scenic rivers, all involve local planning and are discussed in the next chapterJi County boards are authorized to conduct pian~t ning activities and enact traditional land use con.~ trois.70 Cities may contract with the county roi planning and zoning services, but county regulation~ are not effective within the municipality until it[ formallt' accepts them.71 A county is authorizec~ to adopt and/or enforce plans within a municipality upon the request of the municipality.72 Most counties engage in planning and have land use control ordinances. Coordinated actMty beti ween municipal councils and county boards is im~ perative.!, In many areas of the state, cities are adjacent each other. A city should consider its neighbor'S. plans, as well as the county's, v;hen developin~ or modifying its plan to avoid inconsistent uses adjacent areas. Because of a lack of voluntaryco~ ordination of planning activities, state-direczedl. planning is receMng attention by the legislature.! Unless counties and cities learn to work together ini'. planning for their area' ' s development, reglona andI state planning control over local planning effortS~ mat' become a reality. The joint powers act,73 discussed in Chapter and the regional planning act74 (not to be confuSec with regional development commissions) are two laws which local governments can use as vehicles to coordinate planning activities. , H. TAX CONSIDERATIONS Tax policies have an important impact on ~h, process of making land use decisions. (See Leagu~ publication Local and Regio~al PlamHng in 31i~nc. sofa, Chapter 10, for more information.) f The desire for increased property taxes, orex ample, has led some city councils to make land. lus.~ decisions in an effort to attempt to attract ~ig~ tax-producing land uses, such as commercial-in~iusf trial development and discourage log, tax-produdin[~ uses, such as log' and moderate income housingi! The Minnesota Green Acres Law,75 which au, thorizes a system of deferred taxes and assessment~ for agricuhural land, also serves to complicate the process of making land usc decisions. There ~s no requirement that the administration of this lan, be coordinated with the local plans for community development. Tax increment financing uses the increased pro- perry taxes from industrial and commercial de- velopment to pay the principal and interest on bonds issued to finance the public services required by the development. This method max,' be usedb~, Eousing and redevelopment authorities (HRA's)76 , cities within development districts (see part E this chapter), and by cities, port authorities and a RA's under the industrial development act (see rt C of this chapter). 'l Other tax laws which complicate the ~ssue of Communi_tx2 development include the Fiscal Dispar- ities La~v~/ and the lan' permitting cit!' councils to establish urban/rural service taxing districts.75 The lag' permitting/the conveyance of tax-for- ~eited land to a city 9 mas.' be a method a city could use to acquire land as part of its communit! development program.80 (See League memo "Tax Forfeited Land - Conveyance to Municipali- ties for Public Use.") 1. ACQUISITION AND SALE OF REAL ESTATE, EMINENT DOMAIN, AND RELOCATION Acquisition and Sale of Real Property In addition to the lan' permitting cities to ac- quire tax-forfeited land (see previous paragraph), cities are authorized to acquire, either within or Without their corporate limits, such real and per- Sonal property as the purposes of the city mai' re- quire, by purchase, gift, devise, condemnation, lease or otherwise, and to hold, manage, control, sell, convey, lease or otherwise dispose of such pro- perry as its interests require. memo "Purchase and Sale of Real Property by Cities.") Any county, town, citt', or other public corpora- tion mat. convey its lands for nominal or withoul consideration to any governmental subdivision, another public corporation, or to the Minnesota State Armory Building Commission for ~ublic usc' When authorized by its governing body.8 ~~_~~.~l The general rule is that authority must be conferred by a statute or char- ter to enable a municipality to alienate lands held in trust and used for a specific purpose. If land has been dedicated and, used. for_.apublic___: ~_k~parl~ 9r re, f~municLp.al pr~~b public and has no powe~?~ 183 to_.,~_ppr~riate suct!~nds [or_t~_ e ute ~nd__he_nefzt o~ Private-~'e'rsons or in any way to divert the land o intent 1o conve~ the limitabon to use is ublic park or square C~ D~ly by ~~d,iu,~ ,n the same" ~a<'~~~a stree,~ V;,ca. en~nio~ ~o~,f~,~U ~ ~~ ~ t1~ ~flt~ ~]~L~o[_~~~es !~ .uncerla~n. Most c;~ ave held that land acquired without restrictio~ o use may be sold for other purposes.85 This rue, accordin~ to most of these cases, even thoJgh he land may have been improved and used fl~r ertain period as a park. T~~~ owever, for the st~- ~ ~' ' ' ~ ~,~:4~~p~~oses even he~_~_, deed vhaLis called a fee s~mple delerml~[e ,nteresl,.. ehich case the property may be sold but the buyer'l qterest ca~ be terminated if the property is tsed for the purpose mentioned in the deed to'the ity.87 In some cases a bare statement ofpur~oS~ s construed merely as an attempl to explain eason for the conveyance and is given no lega~ ect.88 It should be added that when the cit3's titl~ nents granting a cono~ suoseq~~ I fo a~ L'fft~'~S'-~il'a-'~06s'back at least to 1908 am tions that the council s~uldm, a: z.d,~;~ a~ or nthpr diznnsitinn of the oroDertv without seqk.- i~ the advice and prior ,approwl nf it~ ~t~rn~ and, ppssibly, even a court action clarifying its au- After a comprehensive plan hasbeen approved by the planning commission or ~th~r nbnnin; ~cy i~a0Y city~ no real property may be acquired o~ ~29sed of by the city until after the P~n~ a~d t~sal ~d.. ..rted to ~k,l~rd~b-}ep~rt'~tn~n 45 days after r~fe?ral o~ the proposal to it is the same as approval. The council may dispense with this referral require- proposed, g ;~ u ~.~ ~n.~. ~j~~b- Ordinarily the municipal council is the a~cncy to exercise the powers of a city where zl~cre is nospeci- fic charter or s~atutory provision requirin~ that they be exercised in any other way. Assumin~that there is no bond issue involved, there is no ~cneral Statutory requirement tha~ a statutory city coun- Cil must submit to the voters the question of pur- chasin~ real property for corporate purposes. Ordi- narily, the decision is wholly one for the council. ~his is true whether the city has money on hand ~o pay for the land or purchases the property on a tontract for deed, by the lerms of which the only [emedy of the seller for non-payment is reposses- ion of the property?] However, if thc contract pqce should exceed ]% of the assessed valuation of ~he city, the city must publish, in the official news- paper, a resolution statin~ thc intention to make ~,~ch a purchase by contract. It must then~'ai~ ~ys before enterin~into the contract. If, in tha~ cn-day period, a number of voters, equal to ~ the voters vmin~ in the last regular election, should petition for an election on thc purchase, thc question must be voted on at a regular or special election. no notice of that interest was filed prior to 1948ii the reversionary interest may, under the marke~ able title act be lost even though the city did n°t or cease using the land for the required purpose untiJl !'~sj~'~o,~'n~e's:~; after that date.89 c.,..~D.~re is no such requirement for statutory I'~'~~"~t r~-th'~'-~i?E-~_fi~~3; cities so far as real property is concerned. The lag' s~d ~hat',~he;~~~F~lo:tonYeylar~d~/tros~/,'-~,nly requires statutory cities to advertise for bids 184 for all contracts for the purchase of merchandise, materials, equipment, or for an~ kind of construe:? ~i. i tion work undertaken by the cih~w'hich req~,re~ an expenditure of $5,000 or more. 2 The uniform municipal contracting law excludes real proP.~rt~ from its contracting requirements.93 The Minnesota Supreme Court has held ti-:' city charter requiring advertisements for bid all contracts involving more than $250 for comrfi.' ties or services (defined to include all labor, ials, property, lighting, and other services an. local and public improvements) does not appl leases of real estate since a particular plot ma desired, and there is no way of stimulating cur tition through a bid requirement as would be case if the munic~P4ality were buying standard erials or supplies. ' The same reasoningclearl plies to the purchas~ of real estate. It wou meaningless for a municipality to be forced vertise for bids where, as is usually the case, or particular piece of property is desired and can narily be obtained only on the basis of terms red through negotiating with the owner of thl perty. t · advertlsi n.~ 1-he procedure for conveyance of real est~ simple. Where no bids are re( and a can be secured whois willin a TeSjl~i'~'h~S~i'~' '{~e' fhe- 0roperty directing the clerk and mayor ~o execute the n. sary conveyance. The deed should beexecute the par~ of a statutory city by the mayor and and sealed with the corporate seal. In the ca home rule cities, charier requirements shouh complied with. ~7~!'0Ye~~ffthe ci cji should first~~SN~-~i~n'~oirecting clerk to make the advertisement and, after d~ mining which is the best bid, it should adopt other resolution accepting the bid, making a to the successful bidder, and directing the and mayor to execute the necessary conveya If funds v id e d~.~ ~ e ~]~:~B ~ ~i~'~ J~ A c_9ogY~,,.~t~c, e~Z..Cee~.p,!?~j3!e~ay be ei ,Y ,,'~rran~t.yS:o~.~-q-~t~rn~eed: .T.b~ latter is 'orm ~Jsualiy adopted wl4e~'tl~-~"~,-~antor (i.e. city making the conveyance) does not wish tc responsible for the title. Simple forms are I~ro- vided by statute. If the statutory forms are u~,ed, i' lhe recording fees are substanliall7 reduced. Statutory city property may be sold on a con- act for deed when the council determines that est interest of the city will be served there- A city may give an option to purchase even ough the result may be to prevent acceptance of offer which comes along later. SimilarlT, city's power to purchase real estate by an option retract is implicit in its general power to purchase though it may lose the option payment if it fils to make the purchase.96 The city may attach use or other condition in its deed of conveyance ned to secure what the council reasonablx, )nceives to be in the interes! of the city.97 In her mun land it holds in fee simple. minent Domain Eminent domain is the right of the state to ap- ropriate private property to public use upon the zment of just compensation. Every city is granted ~is right by statute in order to acquire private pro- either within or without the corporate limits )r any purpose for which it is authorized by law take or hold ttqe properly by purchase or gift.99 League memo. "Municipal Acquisition of Pro- erty by Eminent Domain.") Property may be tken under the right of eminent domain only for public purpose. This right of eminent domain, or "condemna- on" as it is popularly called, permits the acquisi- on of propert5 against the will of the owner upon .,ment of the value of property, fixed in Minne- )ta by court-appointed commissioners. The refu- ti of a property owner to sell, however, is not a precedent to the right to institute emi- domain proceedings.100 Whether or not the right of eminent domain d be exercised and condemnation proceedings uted are questions for the council. If the 3wer of eminent domain is given and the purpose a public purpose, the necessity, propriety or ex- y of exercising the power by the city is for the council to determine. : To acquire property by eminent domain, cities must follow the procedure set out in the compre- hensive eminent domain law.TM Under the statu- tory procedure, proceedings are commenced by the council, normally by resolution. A petition is then filed with the district court which, if it determines that the purpose is an authorized public purpose, LOCAL GOVERNMENTPR, Illustrative of leases of municipal prop- e~ty' which have been held valid as not des~oying the public use or character of the proper~y are those providing for: the rental of a municipal auditorium for entertainment or concerts,t4° for either a single evening or for any number of evenings;t4~ lease of con- vention hall to promoters of professional boxing, wrestling and other sporting events;t4: lease of property for a ferry basin and terminal;~43 lease of park prope,~y;ts4 lease of property for a hotel,:45 professional baseball,~s or parking lots; t~7 lease of prop- erty for oil and gas drilling;t~a the lease of airpor~ facilitiest4s to owners of private planes and commercial airlines,tS° and to restaurant concessions at the airport2st and exelusive taxicab leases or franchises for transportation at the airport,ts2 discretion, the municipality may ~ermit the cost of permanent fixtures or improvements to be paid for by the muniei- pality out of municipally owned, another and sublet § 15.11. Disposil municipality holds mental capacity, position accorded a absence of not sell the' municipality may holds in a private if the property is purpose. regarding the sa must be It is generally poration has no erty which is of charter or abandoned, or F Supp 359 (ND T tran Taxicabs, 1978), exclusive portation must be and must not con: competitive 'SaLes Angeles 492, 197 P 4O3 t~Los Angeles 492, 197 P 403 (1~. ~S~McRobie v. A2d 655 ( 1971); A NE2d 208 (1969) Mich 614, 219 N t~Kirkland v. (1953); Bennett 1959); McRobie A2d 655 (1971). ~?Los Angel nor, 110 v. Dayton, 12 ~United (ND Tex 1964); 150, 496 P2d Ohio St2d 71, '~Frederick SW2d 267 NYS2d 722, (1955); SW2d 558 t~kmusement Syndicate Co. v. Topeka, 68 Yom 801, 74 P 606 (1903); Gottlieb-Knabe Co. v. i~.klin, 109 Md 429, 71 A 949 (1909). mC~tt~ieb v. Knabe Co. v. Macklin, 109 Md 429, 71 A 949 (1909). ~*~Clarey v. Philadelphia, 311 Pa 11,166 A 237 ~K)cean Beach Ferry Corp. v. Ocean Beach, 92 l~/S2d 275 (1949), ~'%Vest v, Monmouth Beach, 107 NJL 445, 153 & 495 (1931). ~I'Iarter v. San Jose. 141 Cai 659, 75 P 344 ~4). ~Green v. Garre~L 192 Md 52, 63 A2d 326 f1~49). ~*~Berns~ein v. Pittsburgh, 33 Pa 200, 77 A2d 1951). v. Kahn, 194 La 55, 193 So 461 Central Land Co. v. Grand Rapids, 302 d 485 (1942); Keaton v. Oklahoma 187 0kla 593, 103 P2d 938, cert denied 311 ; (1940). v. El Paso, 98 SW2d 394 (Tex Hildebrand, 110 Cai App2d 645,243 (1952); State v. Date County, 62 So2d 404 Christopher v. El Paso, 98 SW2d 394 1936). el v. Holling, 258 App Div 180, 15 975 (1939). ~tal Bus System, Inc. v. Dallas, 386 291 'the land is by it from ~ee,a~ ~here a a govern- l~ower of dis- )w~er, and in the it may theiiother hand, a ope~ty which it ~ capacit?~ municipal provisions property cot- to sell prop- ardless such use has been has become ~Woolen v. Sur- 1025 (ND Tex ground trans- s~ate policy rotation of anti- 51 Cal App 51 Cai App Md 464, 272 Mass 382,252 dand Park. 242 ; 824.76 SE2d 396 SW2d 573 (Ky 26O Md 464, 272 r Court, 51 Cai : Skowipz v. Vent- 554 (1969); Young NE2d 655 (1967). F Supp 611 7 CalJd Young v. Dayton, 12 (1967). 304 Ky 740, 212 v. New York, 145 Div2d 760, 154 NYS 427 157 Tex 551,305 392 THE LAW OF LOCAL unsuitable or inadequate for the purpos which it was dedicated, is a power of position recognized in the municipal ~ poration.~6° Thus, public service plants, eluding waterworks~6~ and electrical ties,~*~ are generally declared to be hel¢ trust for the public, so that they cannot sold by the municipality without ex legislative authority. Further, a pality cannot sell its harbor and dock erty?a land held for garbage disposal, and property held for fire protection poses~s on the ground that the held in a governmental capacity. Oeneraliy, courts will not interfere the discretion of a municipal ~ the -~ale or disposition of municipal ert~'~ under proper authorikv in the nbs, o,f a clear showing of fraud or illegahty. ,6, ha~ been held that a i,~xpayer may not enj( t~ae_~l~.~f municipal property b~ause aft ir~de,quac)-.of~ .o?..Lcid?ation~.: or becau property was reeonve.ved to the same wl~o so~ ~ t6 the City £or)e~s than its yah bu~ for more than the ~itv paid for-'it. '~*Zachry v. San Antonio, 157 Tex 551, SW2d 558 (1957). ~*~New Orleans v. Mom/s, 105 US 600 (1881 ~*;Baker v. HawkSns, 261 Ind 143, 300 653 (Ind 1973). ~*Dix v. Port Oyord, 131 Or 157~ 282 P 1( (1929); Commercial Waterway Dist. v. County, 200 Wash 538, 94 P2d 491 (1939). ~Curr), v. Highland Park, 242 Mich 614, 22 NW 745 (1928). ~aSBuckout v. Nea-port, 68 RI 280, 27 A2d 31 (1942). ~Mobile v. Bd. of Water & Sewer 258 Ala 669, 64 So2d 8~4 (19531; Robinson v. H~ Johnson & Co., 206 Okla 397,243 P2d 657 Kalmbach v. Mobridge, 81 SD 158, 132 NW2d (1.c~54); Neel v. Laramie, 488 P2d 1056 (Wyo 1971). ~**Clovis v. Southwestern Pub. Serv. Co., 41 NM 270, 171 P2d 878 (1945); Schatz v. eil, 61 NW2d 423 (ND 1953); Rushing v. SW2d 482 (Tex Civ App 1929). ~sWill/ams v. Wylie, 217 SC 247, 60 SE2d (1950). ~Matthews v. Darby, 165 Ga 509, 141 SE (1928); Barclay v. Wapsinonoc Sch. Tp., 181,138 NW 395 (1912). ~:~Urfion Investors, Inc. v. lENT OPERATIONS a taxpayer may n-~i~.njoin.ihe ~ginjury, m wilt wafter some pe.r~or~l t0ecun~ary ~fir-~v aside from that s~ed by ~e ~public.'~ However, one co~t h~ may authorize t~- on behalf of the public, to sue ~5th- ~ required to prove p~ticular dam- than that which is common to the public.~*~ f~ the sale of mu~ci~ ~sta~tebr crater ~ pm~sie~ ~ff~qu~e the at an election?* or coder u~n the municipal goverdng Md 585, 2~ A 453 (1966); Colwell v. 117 Mont 126, 157 P2d 1013 (1945); City Council, 61 NW2d 423 (ND 1953); h v. Mobridge, 81 SD 158, 132 NW2d 293 :efield v. Carbon Hill, 215 Ala 22, 108 SO ~; Harvey v. Bd. of Pub. Instruction, 101 133 So 868 (1931); South Texas Pub. v. John. 7 SW2d 942 (Tex Civ App v. Carbon Hill, 215 Ala 22,108 So Henderson v. McCormick, 70 Ariz 19, (1950); Drexler v. Bethany Beach, 15 4, 135 A 484 (1926). lerson v. McCormick, 70 Ariz 19, 215 Adams v. Bryant, 236 Ark 859, 371) (1963); Quackenbush v. Cheyenne, 52 70 P2d 577 (1937). as v. Bo'ant, 236 Ark 859,320 8W2d 432 &Air Terminal Services, Inc., 393 P2d 60 (1964). · v. Williams, 500 SW2d 178 (Tex Civ v. Bd. of Pub. Instruction, 42 So2d Unification Church v. Clay Central 253 NWgd 579 (Iowa 1977); McKirmey 250 SW2d 924 (Tex Civ App 1952). bodY to determine that to be needed for public by the voters.~ , ~ of~__mnnidpal is a diffe_r.en~e of ~ion F~. quired ;b~-:a ~ property. However, it thht the sale of munici' administrative action re( lution ?* but some a~teg/slative acfioh imp%me~.a[ion bY ~6kdir ruination as to the proper used by the council is under initiative and refe~ since only those acts whic nature are subject erally, under the fore property by resolutipn subject to these ' ' § 15.12. Loss By Exec, Debts. It is the general held by a municipality in capacity is held in trust and is immume from ~qndependent Sch. Dist. ) Idaho 203, 228 Pgd 939 (1951); burg, 252 8W2d 44 (Ky 1952). Research Bureau v. (1952). ~:~People v. Centra[ia, 1 NE2d 410 (1952). ~**Inn Operations, Inc. v. Co., 261 Iowa 38, 152 NW2d City Merchants Council v. 186 A2d 684 (1962). ~S°In re Supreme Court Adj'~ P2d 3 (Okla 1975); I4,alama~ Ass'n .v. Kalamazoo, 345 (1956). ~Wilder v. American 936 (Tex Civ App 1940). ~S2Berman v. Denver (1949). ~aln re Mitchell's Petition, 194 NE2d 560 (1963). ~Meriwether v. Gannett, 1 Werlein v. New Orleans, 17 Guttenberg v. Thomas, 88 N (1915). LOCAL GOVERNMENT to determine that the property ceases non- needed for public use, aSthout tariff- for ~,um by the voters. "j~pe*dtiv e pidding ~y ~so ~ req~: ~t~ ~e of ~~ prop~y?~ There ~ ~qmr~-by a m~ g~er~g m the ~e ~ Vr~rtv. However, it is the majo~ty rule ~h~ ~ale of mu~eipal property is an ~en ~Ammi;lrative action reqR~ing only a reso- mu~ "~ b'~ some co~s have held that it is ~r~;lafix'e ac~on'requirlng ~bre formaI ion ~s ~o the p~oper form of action to be held by the council is of ~eat importance =~,der initiative and referendum provisions and on}y those acts which are leas)at}ye in ,.~:ure are subject thereto,~s~ and, gen- ~'~'.b. under the foregoing rule, the sale of v,,~¢O by resolutign or ordinance is not ,~,)ect ~o these provisions.~sa 15.12. Loss By Execution and Sale for [~bts. It is the general ~le that property by a mu~cipality in its governmental apachy is held in trust for its inhabitants u~t,' is immume from execution and sale for the ,'.'lr~]e[endent SeN Dist. No. 7 v. Barnes, 71 203, 228 P2d 939 (1951); Bro~-n v. Harrod~ La 43 252 SW2d ~ (Ky 1952); Long Island Land F~arcL Eureau v. Hemps~ad, 118 NYS2d 39 "'People v. Cemraha, 1 I11 App2d 2~, NE~d 410 ~1952). ~ln~; Operations, lnm v. River ~lls Motor Inn t~;l low~ 3~, 152 NW2d ~$ (196D; Jersey ~erckants Council v. Jersey City, 39 NJ 42, ~I~ re Supreme Corn Adjuration, Inc., M3 1~ P 3 (Okla 1975); ~lam~o ~unicipal UtiL ~'. Kalamazoo, M5 Mieh ~18, 7~ NW2d 1 mWilder v. Amefie~ Produce Co., 14~ SW2d ~'ex Civ App 1~0). ~an v. Denver, 120 Colo 218,209 ~d 7M 11~. ~in re M~teheB's Petition, ~ l~ Appgd ~e~we~er v. Ga~ett, 1~ US 422 (1~0); ~e~ v. New Orlea~, 1~2 US B~ (1~); TY 393 Thus, machinery ks plant,as~ a municipal ,s~ and municipal '" have been held and s~e for debts. On ere a power to mortgage ec~ ~o foreclosure on the )n.'s~ Like~fse, it has who sel}s machinery to a hen thereon may and sale of the ma- rule that property "private" or "pro- } is ~ot su~ect to execution of debts?~ but to the contrary.~2 Adverse Possession; to land affected by the dedicated to a public use be acquired by adverse against a muniei- other local governmental few courts have held to rule has been held to Commercial Credit Co., 173 Morris, 105 US 600 (1882). York, 31 NY 164, 88 Am City, 111 Ala 629, 20 So 649 59 Ga 765 (18753. Engine & Boiler I13 SW 97 (1908); Allis- % Ellensburg, 108 Wash 533, Garrett, 102 US 472 (1880); 64 Cal App 598 29-2 P 166 15 Okla 49.8, 82 P 1041 (1905). 70 Cai Rptr 716, 264 Cal Lodge of Independent v. Thomasville, 224 Ga 4, Folsom v. Afford, 204 S~2d Chesapeake 197 A2d 821 (1964). 218 Ark 542, 237 SW2d 426 P2d 336 (Okla ~ ora statute to the contrary.