Loading...
82-06-22HOUND CItY COUNCIL June 22, 1982 Regular Meeting City Hall - 7:30 P.M. CITY OF MOUND AGENDA Mound, Minnesota 1. Minutes oF June 8, 1982, Regular Meeting 2. Continuation of Public Hearing on Proposed Wetlands Ordinance 3. Public Hearing Delinquent Utility Bills 4. Proposed Ordinances - Related to Unnecessary Acceleration of Motor Vehicles, Public Nuisance Noises, Participation in Noisy Parties, Disturbance of the Peace, Entering Upon Land, Window Peeping and Giving False Information to Police 5. Resolution to Support Senior Citizen Housing Project Consideration of Solution to Water Meter Problem 7. Comments & Suggestions from Citizens Present (please limit to 3 minutes) 8. Renewal of 1982 Liquor Licenses: A. Club License - Minnetonka Post 398 American Legion Chamberlain-Goudy VFW Post 5113 B. Full Liquor License - Donnies on The Lake Pg. 1250-1259 Pg. 1260-1270 Pg. 1271-1272 Pg. 1273-1277 Pg. 1278-1280 Pg. 1281-1288 Pg. 1289 9. Storm Sewer Petition from Residents adjacent to Peabody Ave. 1.0. Review and Approval of Bids for 1982 Street Overlay Program II. Dropping Unit Charges for Combinations of: A. Lots 4 & 33 and 5 & 32, Block 15, Arden Addition B. Lots 51 and 52, Subdivisi-on of Lot 1 & 32, Skarp & Lindquist's Ravenswood 12. Contract Amendment - School Drop-Off on Commerce Blvd. 13. Approval of Specifications and Authorize Solicitation of Bids for Well #8 14. Request for Extension of Time Limit Requiring that Final Plat for Pelican Point be Filed - June 22, 1983 1'5. Maintenance Permit for Step to Commons from Canary Lane 16. Payment of Bills 17. INFORMATION/MISCELLANEOUS A. Letter from Suburban Public Health Nursing Service B. Letter from McCombs-Knutson - RE: 198l Street Project C. Letter from Minne!.aha Creek Watershed District .D. Letter from Mound State Bank - RE: Downtown Loan Program E. Notice from Post Office - RE: New Location Solicitation F. Letter from Burlington Northern ~g. 1290-1292 Pg. 1293-1295 Pg. 1296 Pg. 1297-1298 Pg. 1299-1300 Pg. 1301-1302 Pg. 1303-1318 Pg. 1319-1320 Pg. 1321 Pg. 1322 Pg. 1323 Pg. 1324-1325 Pg. 1326 Pg. 1327 Pg. 1328-1329 Pg. 1330 Page 1249 G. Letter from L.M.C.D. H. Letter from Hennepin Coutny Park Reserve District I. Anti-Trust Letter from Curt Pearson J. Proposed Policies and ?rocedures for Administration of Downtown Loan Program 18. Quotations for Palntlng of Island Park Hall 19. Full Liquor License - Surfside - Butch Essig Pg. 1331 Pg., 1332-1334 Pg. 1335-1337 Pg. 1338-1347 Pg. 1348-1350 Pg. 1351-1353 Page 1249-a June 18, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER IMPORTANT THE MEETING THIS TUESDAY, JUNE 22ND, STARTS AT 6:30 P.M. WITH AN EXECUTIVE SESSION. JIM LARSON AND DERRICK DAHLEN WILL BE DISCUSSING, IN DETAIL, THE CITY'S INTERVENTION IN THE CONTINENTAL PHONE RATE CASE. IT IS AN IMPORTANT MEETING. PLEASE TRY AND MAKE IT. ALSO JUNE 22NS IS MY ANNIVERSARY FOR HAVING COMPLETED ONE YEAR WORKING IN MOUNT. I THINK IT IS APPROPRIATE THAT I BUY A COUPLE OF ROUNDS AT THE LEGION FOLLOWING THE MEETING TO THANK ALL OF YOU FOR THE GREAT EXPERIENCES YOU'VE GIVEN ME. (HA. HA.) JE:fc REGULAR MEETING OF THE CITY COUNCIL .ll4 June 8, 1982 Pursuant to due call and notice thereof, a regular meeting of the City Council 'Of the City of'Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on June 8, 1982, at 7:30 P.M. Those present were: Mayor RocE L~ndlan, Councilmembers PinEy Charon, Robert Polston, Gordon Swenson, Donald Ulrick. Also present were: City Manager Jon · Elam, City Attorney Curt Pearson, Police Chief Bruce Wold, City Cl-erk Fran Clark, and the following interested citizens: James A. Kutzner, James C. Hendricks, William F. Kelley, Roy Holden, John Wagman, Margaret Hanson, Robt. Hanson, Phyllis Jessen, Jim Scruton, Joan Wold, Ron Gehring. The Mayor opened the meeting'and welcomed the people in a'ttendance. MINUTES The minutes of the regular'meeting on May 25, 1982, were presented for consideration. Polston moved and Swenson seconded a motion to approve the minutes of the May 25, 1982, regular meeting, as presented. The vote was unanimously in favor. Motion carried. PUBLIC .HEARING - WETLANDS DISTRICTS.- ZONING ORDINANCE The Mayor opened the public hearing and asked for any comments or suggestions from the people present. Margaret Hanson'- asked what was changed in the Wetlands Ordinarl~e since it was approved in March? The City Attorney replied that there were procedural changes made that needed to be added, such as Section 23.1105 on Authority which was added in accordance with Minnesota Statutes giving the City control of the wetlands. The numbering of the sections was also changed to fit the new Zoning Ordinance. Section 23.1140, subsection A and C - Building Official was deleted and City. Manager or his'designate were added. Section 23.1150 Fees was added. Refining of the wetlands map to more accurately reflect the sizes of wetlands. All of which has to be approved again. Wm. Kelley (Attorney for Priscilla Anderson and Charles Smith) - asked that Lot 59, Auditor's Sub. 168 be changed from classification 4 to classification 6 or 7. He then presented the Council with a report from their consulting engineer, Schoell & Madson, stating that they would classify Lot 59 as a Type 6 or Type 7. Mr. Kelley then passed pictures of the area.around to the Council. The City Attorney suggested having the City Engineer look at this property and study it to see exactly what kind of wetlands it is. Phyllis J'essen, member of the Wetland Committee who drafted the original Wetlands Ordinance, stated that Hennepin County Soil & Water did not feel TyF.e 6 or 7 wetlands were in Mound, only 3, 4 and 5 so they did not address the other types. 115 June 8, 1982 The Mayor closed the public hearing. The City Attorney. suggested delaying action on this ordinance for a couple of weeks in order to have a study done of the Anderson/Smith property by the City Engineer, Hennepin County Soil & Water and the Wetlands. Committee; then have them come back and define the lot in question. It was also his recommendation that the City use all the definitions from the Fish and Wildlife Service in the Wetland Ordinance. Mr. Kelley granted t~e City permission from his client to go on the property for this study. The City Manager concurred with the'City Attorney's suggestions. Swenson moved and Ulrick seconded a motion to continue the Public Hearing on the Wetlands Ordinance to June 22, ~1982, at 7:30 P.M. There was discussion by the Council on whether to'adopt the'ordinance as is and delete the 'pi'ece of property in question.. The vote bn the motion was 4 in favor with Counc'ilmember'Polston voting no. Motion carried.. SCHEDULE OF FEES - ZONING MATTERS. ~ Charon moved and Ulrick seconded the following resolution. RESOLUTION # 82~152 RESOLUTION ESTABLI-SHING A SCHEDULE OF FEES FOR ALL ZONING MATTERS IN THE CITY OF MOUND. The vote was unanimously in favor. Motion carried. PUBL!C HEARING -. AMENDING THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT PROGRAM The City Manager.explained that'this public hearing is being held for citizen. input on the question of reallocating $2,552.74 from the Housing Rehabilitation Component over into the Senior Citizen Housing Development Component. This would amend'the Urban Hennepin'County Development Program for the Program Year VII as follows: pROGRAM YEAR ACTIVITY VII Housing Rehabilitation VII Westonka Senior Citizens Housing ORIGINAL AMENDED BUDGET BUDGET $20,000.00 $17,447.26 -O- 2,552.74 This money would be used for a number'of initial costs involved in a project such as this, including land appraisal fees, site plans by an architect and miscellaneous smaller costs. The Mayor opened the public hearing and asked for comments. There were none. The Mayor then closed the public hearing. Polson moved and Charon seconded the following resolution. RESOLUTION #82-153 RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT PROGRAM AS IT INVOLVES THE CITY OF MOUND FOR PROGRAM YEAR VII FUNDED UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 June 8, 1982 The vote was unanimously in favoF. Motion carried. The City Manager explained that now that the City Council has approved the re- allocation, they need to explore the specifics involved in developing this project. This includes securing an option by the City on the necessary land by the Catholic Church. This is necessary in order to show HUD that firm site control exists and if HUD does fund the project that it can go aggressivel'y forward next Spring. Once the site is acquired using HUD funds, it would be resold for $1.00 to the senior citizens and their nonprofit housing development corporation. Then the City's actual involvement will' end, except that it will retain 1 position on the project's Board of Directors. He~.fu~ther explained that he needs authorization from~the City Council to negotiate an option agreement with the church and that the City will act as an agent for the senior citizens in seeking to acquire land for'the housing project. Polston moved and Charon seconded the following resol~ution. RESOLUTION #I~2-154 RESOLUTION AUTHORIZING THE CITY MANAGE~ TO NEGOTIATE AN OPTION AGREEMENT WITH THE CATHOLIC CHURCH WITH REGARD TO THE LAND THE SENIOR CITIZENS WOULD LIKE FOR THEIR HOUSING PROJECT The Mayor stated that he took exception to this item being shoved at the City Council so quickly. He wanted to know more about all the s~es that were considered and felt the Council and the Planning Commission should have move infor, mation and should.have, been consulted prior to a decision. '. Councilmember,Bolston Stated that over the past two years, the Counci-I has 6ee~'made aware, thru memorandums, of the .various sites under consideration. The City Manager explained' that.under HUD rules, the City must be the'agent in the.acquisition o£ the land for this type of 202 Senior Housing. The roll call vote on the~above resolution was 4 in favor with Mayor Lindlan voting no. Motion carried. PLANNING COMMISSION ITEMS A. PRELIMINARY LOT SPLIT .- .JAMES SCRUTON - LOT 31, AUDITOR'S SUB. 170 The City Manager explained that the applicant has submitted a preliminary subdivision (lot-split) request to divide off an 80 x 125 foot parcel from his existing lot. Both parcels would meet the lO,O00 square foot lot size requirement for the R-1 Zoning District. The applicant intends to .remove the existing garage, located on the survey, and construct a new double garage facing Bartlett Blvd., a minimum of 20 f6et from the southwest corner of the lot he would like to split off. The Planning Commission has recommended approval with the Building Inspector's recommendations as follows: I. I would recommend approval of his preliminary concept allowing a 20 foot access to his property for emergency vehicles and general use from a public right-of-way, due to the excessive depth of the unplatted property. Final approval of the lot-split should require: a. The submi~.tal of the legal description for Parcel ~'AI' and Parcel "B" with the resetting of the property monuments. 117 June 8, 1982 The location of the Utilities servi.cing the existing structure and topography of the site placed on the survey. The removal of the existing garage from the site. Resubmit a final subdivision approval within one year. The City Attorney pointed out that the Council would also have to grant the applicant a 40 foot variance for Parcel "B"'s frontage on Bartlett Blvd. because the minimum width of a lot facing a public road in the R-1 District is.60' and he will only have 20'. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-155 RESOLUTION TO CONCUR WITH'THE PLANNING COMMISSION ". RECOMMENDATION TO APPROVE THE PRELIMINARY LOT SPLIT AS REQUESTED AND WITH THE BUILDING INSPECTOR'S RECOMMENDATIONS Councilmember Ulrick asked the maker of t~e motion and the seconder to consider adding 2 other items to the Building Inspector's recommendations. .They are: 1. Make sure the water and sewer unit charges are paid. 2. Reason'for approval is an unusually deep lot with unusually large square footage and not to approve the request would be denying Mr. Scruton use of his property~ The maker and the seconde~ agreed to add the above. ~ Roll call vote' was 3 in favor with ¢ouncilmembers Charon and Polston voting no. Motion carried. Councilmember Pol.ston stated that he voted no. because he could see no hardship. B..SUBDIVISION. (LOT SPLIT) - REBECCA YANTES - LOTS RAVENSWOOD The City Manager explained that the Planning Commission recommended approval of the preliminary subdivision with the stipulation..that the house be brought to compliance with the Zoning Ordinance and the shed be removed and meet the other recommendationsof the Buildfng Official. 'The Building'Official's recommendations were: 1. Locating utilities servicing the existing structure and topography of the site placed on the survey. 2. Removal of the existing shed building and basement entrance from the site including 6" encroachment of.the house .on Parcel B. .3. All persons with financial interest in the property submit approval of the lot-split request. 4. Re-submit final subdivision approval within one year. After Council discussion, 2 more items were added to the stipulations. 5. Provide off street parking for Parcel "B" 6. Make sure the water and sewer unit charges are paid, also street assessment unit charges, if applicable. Ulrick moved and Charon seconded the following resolution. RESOLUTION.#82-156 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE PRELIMINARY LOT-SPLIT WITH THE 6 STIPULATIONS The vote was unanimously in favor. Motion carried. SIDEYARD VARIANCE - JAMES C. HENDRI£KS 118 June 8, t~82 LOTS 4,5,6 & 19, BLOCK 14, THE HIGHLANDS The City Manager explained that the Planning Commission has recommended. approval of a 4.6 foot sideyard variance, acknowledging the existing ~' encroachment, as the proposed addition does not increase the non- conformancy. The Building Inspector recommended approval because of' an undue hardship to remove the 4.6 encroachment in the side yard as that portion has a Full basement, ~s heated and ~s part oF the present kitchen. Also, the addition to the structure will be in conformance ~ith the present zohing requirements. Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-157 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE 4.6 FOOT SIDEYARD VARIANCE - LOTS 4,5,6 & 19, BLOCK 14, THE HIGHLANDS The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZEN PRESENT The Mayor asked for any comments, suggestions or questions from the citizens present. Margaret Hanson asked if the recent-soil=borings done in the Lost Lake area.by County Rd. 15 were done by-the P.C.A.? The City Manager responded no, they were done privately by a prospective developer. ,. John Wagman questioned whether..the Council thought'it wise to bore in an area t~at might contain hazardous wastes. The Mayor 'and the City M~nager told. Mr. Wagman that it is all conjecture on the part of the P.C.A. as to if'there'is hazardous waste in that area. TAX FORFEITURE PARCELS OF LAND The City Manager explained that there are 7 more parcels of land that have gone tax forfeiture and the County wants to know wi~ich lots to sell. He is recommending that parcels 1, 2, and 3 be released for sale by the County and'parcels, 4, 5, 6, and 7 be withheld for private sale to adjacent property owners. He explained that 1 thru 3 are buildable sites and 4 thru 7 are unbuildable sites. Polston moved and Swenson seconded, the following resolution. RESOLUTION #82-158 RESOLUTION RELEASING PARCELS 1 THRU 3, ON PAGE 1164 OF THE COUNCIL PACKET, TO THE COUNTY FOR SALE "' The vote was unanimous.ly in favor. Motion carried. Swenson moved 'and Ulrick seconded the following resolution. RESOLUTION #82-159 RESOLUTION TO WITHHOLD PARCELS 4 THRU 7, ON PAGE 1164 OF THE COUNCIL PACKET, FOR PRIVATE SALE TO ADJACENT PROPERTY OWNERS 119 June 8, 1982 The vote was .unanimously in favok. Motion carried. MANCHESTER ROAD PARKING SIGNS This item was held over from the May 25th Meeting. Swenson moved and Charon seconded the following: ORDINANCE.#435 ORDINANCE AMENDING SECTION 46'.29, SUBSECTION (c) OF THE CITY CODE BY ADDING SUBDIVISION #12 - NO PARKING ANYTIME ON THE SOUTH SIDE OF MANCHESTER ROAD FROM BRIGHTON BLVD. TO THE COMMONS Citizen Dick Carlson asked that.the no parking anytime be from Brighton Blvd. to Cambridge only not to the Commons. The Vote was u~animou'sl.y in favor of the original ordinance amendment. Motion carried. BLUEBIRD [ANE PROBLEMS Ms. Holly Lovseth had asked 'to be put on'the Council Agenda for this item. She was not'present. No action was'taken and it was not discusse~. ELECTION BALLOT COUNTER The City Manager explained that. this is just final or. der:'approval for the unit that was approved when the Revenue Sharing' Budget was approved,. Swehson moved and .Charon seconded a motio.n to approve the purchase of the PEPS Unit, Card Reader (.300 cpm), Cable Connector and Program License at a cost of $9,275.00 less the trade in of 2, pin f.~ed style precinct ballot counters at $1,500.00 each or.$3~OOO.OO,.ma~ing the cost of the machine $6,275.00 Net to the City. 'The vote was unanimously in favor, Motion carried. EASEMENT AGREEMENT FROM 1979 STREET IMPROVEMENT The City Manager. explained that this is an easement, from the. 1979 Street Improvement on Lot 10, Block 7,' Arden that now belongs' to the State of Minnesota. The City Attorney has supplied the City with an Application by Governmental Subdivision for Conveyance of'Tax~For, fei tecl Lands that needs to be approved by the' City Council, signed by' the Mayor and the City Manager and fi led at the courthouse. Polston moved and Charon seconded the. following resolution.~ RESOLUTION #82-160 RESOLUIION AUTHORIZING THE MAYOR AND THE CITy MANAGER TO SIGN THE APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF.TAX-FORFIETED LANDS WHICH WILL CLEAR UP ANOTHER PROBLEM EASEMENT FROM THE 1979 STREET IMPROVEMENT The vote was unanimously in favor. Motion carried. 120 June 8, 1982 SOIL REPORT - WIDMER BUILDING COUNTY RD. 110 The City Manager explained that based on the soil and foundation report furnished by Soil Exploration Company, the soil.and foundation under and around the Widmer Building on County Road 110 are just not appropriate for use as a public works site unless the cost was reduced substantially so that we.would have adequate funds on hand for all the repairs we would have to make over the years. He stated that Mr. Ron Shaff~r and Mr. Bud Stannard were present tonight if the Council. would'like to ask their expert opinion on the soil ~nd foundation report. Mr. Stannard stated that in his opinion.it would take an additional $30,000 to $40,000 to correct the site for use as a public works building. S~enson moved and Ulrick seconded a motion to notify Mr. Widmer that the City of Mound is no longer interested in purchasing his property on County Road.IlO. The vote was unanimously.in favor. Motion carried. GAMBLING PERMIT - SHORELINE EARLY INTERVENTION & BRIDGE Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-161 RESOLUTION TO APPROVE AND AUTHORIZE THE :~GSUANCE OF A GAMBLING PERMIT TO SHORELINE'EARLY INTERVENTION AND BRIDGE FOR A RAFELE TO BE HELD JUNE 18 & 19, 1982. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Swenson moved and Ulrick seconded a motion to approve the payment of bills as presented on the pre-list in the amount of $60,742.11, when funds are available. Roll call voted was unanimously in favor. Motion car'ried. INFORMATION/MISCELLANEOUS The City Manager p~ovided information on the following:. A. LETTER FROM ATTORNEY JIM LARSON ON CONTINENTAL CASE: Summary of DPS staff testimony and Derick Dahlen's testimony. PAGE OF MAPLE PLAIN NEWSLETTER: A notice of the June 7th public hearing in Maple Plain regarding Continental Telephone's proposed rate increase and a list Of contributors:who have donated to the Rate Challenge Fund. Co CONTINENTAL PURCHASE OF COMPUTOR BUSINESS: An article on Continental Telephone purchasing a computer services company, STSC. Do LETTER FROM MTC ON SHELTER AT BARTLETT & SHORELINE:- A letter confirming that a Type D shelter instead of a Type C shelter, should be adequate to accomodate the bus patrons. June 8~ 1982 E. JIM REGAN'S REQUEST FOR ORDINANCE CHANGE: Jim Regan has submitted a letter to the City Council asking that our present ordinance prohibiting automobile racing on the ice during the winter be expanded to Include prohibiting motorized water craft races on the lake during the summer months. The City Manager wrote to Mr. Regan and explained that the L.M.C.D. has ordinances prohibiting this activity.' Polston moved and Ulrick seconded the following: ORDINANCE #434 AN ORDINANCE AMENDING SECTION 38.64 OF THE CITY CODE PROHIBITING. MOTORIZED WATER CRAFT RACES The vote was unanimously in favor. Motion carried. LETTER FROM CITY PROSECUTOR: The 1982 Legislature gave the city attorneys prosecution authority for gross misdemeanor DWIs effective April I, 1982, and als° amended the Municipal Court statute, effective January 1, 1983, to give the Court jurisdiction of all gross misdemeanors. This could mean additional costs for the cities, both through prosecuting attorney costs and jail costs. LETTER FROM.CITY ATTORNEY'ON LAKE FRONT LOTS: A letter advising the Council that some items in the old zo~ing'ordi'nance t~at should have been carried into the new zoning ordinance'were left out. He is recommending that the Planning Commission prepare an amendment to the. new zoning code to add-back in any definitions which have been lost as a result of typing or unintentionally over-166ked in bringing the new code into force. LETTERS FROM BUFFALO BITUMINOUS & HARDRIVES.REGARDING THE 1980 STREET PROJECT: Letters from both companies' regarding warranty' work that will be done on certain streets from the 1980 Street Project. The Council would like more information on 'the work to be done on Bartlett Blvd. The~ would like to know the results of tests done by Twin City Testing on that road. L.M.C.D. APPOINTMENT TO LAKE MINNETONKA TASK FORCE: A letter from the L.M.C.D. has designated Robert Tipton Brown as their representa- tive on the task force with Executive Director Frank Mixa serving as a resource person and alternate L.M.C.D. representative. K. BRAD VAN NEST REQUEST FOR SUPPORT FOR HIS APPOINTMENT TO LAKE MINNETONKA TASK FORCE: The Council felt that since there will be three citizen'members selected from the Lake Minnetonka communities, they should wait to see who comes forward. They would like to see a good cross-representation oE persons on the Task Force. Polston moved and Swenson seconded the following resolution. RESOLUTION #82-162 RESOLUTION TO ENCOURAGE AN ADEQUATELY BALANCED TASK FORCES FOR ALL PARTS OF LAKE MINNETONKA The vote was unanimously in favor. Motion carried. June 8, 1982 1982-83 DOWNTOWN DEVELOPMENT BUDGET: Total allocation for 1982-83 to the Downtown effort will be $55,745. M. AGENCIES INVOLVED WITH THE LAKE: L.M.C.D., Minnehaha Creek Watershed District and the DNR. N. TONKA TOYS: An article on Tonka's Annual Meeting. O. L.M.C.D. MINUTES ~ APRIL 28, 1982 P. ARTICLE "LEGAL ASPECTS OF PUBLIC WORKS" Q. HENNEPIN COUNTY AGRICULTURAL SOCIETY REQUEST FOR CONTRIBUTION No action taken. R. GAMBLING REPORT - AMERICAN LEGION POST 398 - May 1982 S. SCHOOL BOARD MINUTES - May 10 and May.18, 1982 T. ARTICLE WRITTEN BY THE CITY PROSECUTOR - "CIVIL LIABILITY FOR POLICE ADMINISTRATION LETTER FROM SENIOR CITIZEN CENTERS, INC.: regarding a project to coordinate and maximize transportation resources for the'-~lderly. DAC MEETING DATE CHANGE: Change meeting date from June 9, 1982 to June 16, 1982, at 7:30 P.M. in the Council Chambers at City Hall. Wo BOARD O.F REVIEW MINUTES: Polston moved and Swenson seconded a motion to approve the minutes of the Board of Review held on June 1,"1982, as submitted. The vote was unanimously in favor. Motion carried. Xo ASSESSMENT DEFERRALS:. The City must fil.e with the County Auditor a resolution setting forth the amount of special assessments being deferred by PID number. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-163 RESOLUTION TO APPROVE APPLICATIONS FOR SPECIAL ASSESSMENT DEFERRALS The vote was unanimously in favor. Motion carried. Swenson moved and Polston seconded a motion to adjourn at ll:15 P.M. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager Fran Clark, City Clerk BILLS .... JUNE 8, 1982 Air Comm 90.00 Earl F. Andersen 59.60 Astleford Equip 101.40 Diane Arneson 132.50 Assn of Metrop Munic 15.00 Acro Minnesota 121.63 Albinson 484.00 Holly Bostrom 401.00 Gayle Burns 17.53 Carol Burlet 30.00 Janet Bertrand 28.18 Curtis 1000 281.74 Dependable Services 33.00 Determan Welding 772.80 Jori Elam 46.97 Glenwood Inglewood 46.40 Hayden Murphy 95.10 Wm Hudson 15.26 Internatl City Mgmt Assn 230.00 Kromer Co. 96.85 Doris Lepsch 15.00 Lowells 1.63 McCombs Knutson 745.00 MS Print 89.60 Marina Auto Supply 384.61 Mound Hdwe 7.16 John S. Plahn 18.74 Power Group Trust 73.25 Prairie Lawn & Garden 72.00 Brad Roy 16.OO Suburban Chevrolet 2.18 St~r-~x Corp 454.79 Standard Spring 414.17 State Bank of Mound 14.40 Thrifty Snyder Drug .19.36 Tri State Drilling 417.50 Village chev 5.16 United Fire Fighters 25.00 Water Products 172.72 Westonka Sewer & Water 867.99 W~nner Industries 3.08 John Weiland (assess grant) 3,179.11 Widmer Bros. 2,139.75 Cobb Carpet Care 95.00 J.R. Dutton 42.21 Vincent Forsman 35.00 Robert Johnson 63.80 Mike McClelland 126,00 Mound Postmaster 406.08 Bud Orn 500.00 R.L. Youngdahl & Assoc 12,114.59 Howard Simar Total Bills Liquor Bills BlaCkowiak & Sons Bradley Exterminating City of Mound Mtka Refrig. Real One Acquisition Regal Window Cleaning Butch's Bar Supply City Club Distrib Coca Cola Bottling Day Distrib East Side Bev. Gold Medal Bev Home Juice Jude Candy KOOl Kube Ice The Liquor House Midwest Wine A.J. Ogle Co. Pepsi Cola Pogreba Distr|b Thorpe Distr'ib G~iggs, .Cooper Johnson Bros., Old Peoria Ed Phillips Total Liquor Bi'lls 450.00 26,069.84 32.00 19.00 26.40 106.55 2,017.52 10.75 209.80 3,891.65 283.81 4,192.55 4,999.70 286.07 41.4O 31.20 24O.O0 871 .O8 1,641.65 2,210.32 279.90 3,427.45 5,153.75 1,291.65 1,241.68 618.14 1,548'.25 34,672.27 GRAND TOTAL--ALL BILLS 60,742.11 June 16, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: WETLANDS ORDINANCE Last week following the first hearing on the Wetlands Ordinance, John Cameron and I met with Joe Settles of Hennepin County Soil & Water Conservation District. The outcome of that meeting was an elimination of the district designation, i.e. 3, 4, 5 and in its place one general designation called wetland. This is in line with the other wetland ordinances in the County and in fact, more accurately deals with the designation process because hardly any wetland can be entirely classified by a single designation. Most are concentric with different designations for difficult locations within the wetland. It was felt that the Standards Section of the ordinance provides the City with adequate manageme¢~t controls so that when a specific proposal comes forward, we can require from the proposer a detailed analysis of the w~tland, its' vegetation and soils, etc. I think this designation eliminates the potential of fights over questions of numerical designations and allows the ordinance to move forward. Along that line, after the closing of the hearing, I think maybe we ought to refer the ordinance back to the Wetlands Committee for another final review before voting on it at the Council level. Since we've gone this far, I don't see any pressure or rush to finish this in the next week or so and we don't have any applications on file for permits at this time. JE:fc ORDINANCE NO. AN ORDINANCE ESTABLISHING WETLAND AREAS AND REGULATIONS AND PROVISION FOR FEES The City of Mound d~es ordain: The following additions are made to the Zoning Code of the City and shall read as follows: Section 23~1100. Wetlands - Purpose. The City Council bf Mound. finds that there are wetlands within the City which, as part of the ecosystem, are cri'tical to the health, safety and welfare of the land, animals and people within the City~ These wetlands,, if preserved and maintained, constitute important'physical, aesthetic, recreational and economic assets for existing and future residents of the City. Therefore, the purposes of this district are: .. 1. To provide for the protection, preservation, proper maintenance and use of specified wetlands. 2. To'minimize the distrubance to them as to prevent damage from ., 'excessive sedimentation, eutrophication or pollution. 3. .To prevent loss of fi'sh and other aquatic organisms, wildlife. and vegetation and the habitats of the same. 4. To provide for the protection of'the C.ity's fresh water supplies from the dangers of drought', o~rdraft, pollution or mismanagement. 5.. To reduce the financial'burdens imposed uRon the community through rescue and. relief efforts occasioned by the occupancy or use of areas subject to periodic flooding and prevent loss off, ire, property damage ahd the losses and risks associated with flood conditions. 6. To preserve the location, character and'extent of natural drainage courses, Section 23.1105. Authority. Pursuant to.Minnesota Statutes, Sections 462.357, 459.20,.378.31, Subd. Il, and Chapter 105, the City of Mound does adopt district boundaries and a.':map showing said wetland bbundaries and types; and regulations and controls for all designated wetlands within the City. Section 23.110. Wetlands Boundaries.. The wetlands as her~rinafter defined shall .ap~ly to wetland areas which are Specifically' delineated on the Official Wetlands Map 'of the City of Mound which is attached hereto and adopted as a part of this ordinance. For purposes of determining the application of this wetlands ordinance to any particular parcel of land or water the above referenced map shall be on file in the office of the City Manager and'shall be available for inspection and copying. Section 23.1115. Wetland Permit. 'Except as hereinafter provided in this ordinance, no person shall perform any development in a wetland with- out first having obtained a wetland permit' (hereinafter referred to as "Permit''~ from the City of Mound~ Development shall include the construction, installat or alteration of any structure; the clearing or altering of vegetation or land and the division of land into two or more parcels. /")/I Section 23.1120. Exceptions. by this ordinance shall not a~p~y to: The Permit requirement established Ao Emergency work necessary to preserve life o~ property. When emergency work'is performed under this section the person performing it shall report.the pertinent facts relating to the work to. the City Manager prior to the commencement of work. The City Manager shall review the facts and determine whether an emergency exists and shall, by written memorandum, authorize the commencement of the emergency exception. 'A person commencing'emergency work shall, within ten days following the commencement of'that activity, apply for the issuance of a Permit. The issuance thereof, may require the permittee tO perform such work as ls determined to be reasonably necessary to correct any impairment to the wetland occasioned by such work. B' 'The'repai. r ~.£ m~J=nt~nanc~ of any lawful use of land:e~,islzing on the date of-adoption of thi.s ordinance. Section 23.1125, Application.for Processing of Permit. A. separate application for a Permit shall be made to the City of Mound for each development activity for which a Permit i~S required. Only one appl'ication need be. made 'for t~) or more such acts which are to be done simultaneously on 'the same parcel. The application shall include ~map of the site, a plan of the proposed development and the estimated cos~ of development. Other engineering data such as .surveys and other descriptive information are also required. In order to determine the effects of such development of the wetland the City Council may require additional information including but not limited to the following: 1. A specific description of the type, amount and location of the development. 2. A description of the ecological characteristics of the wetland. 3. A conservation .plan describing actions to be taken to mitigate any detrimental effects of development. 4. Maps and data on soils, water table and flood capacity of the wetland. When the proposed'development includes the construction or .alterations of a structure, two sets of plans thereof shall be submitted with the application. The permit application shall be processed according to the procedures specified in Section 23.505 of the Zoning Ordinance which pertains to processing of conditional use permits. The Permit may be processed at the same time and in connection with the processing of an application for a building permit or any other permit required by ordinance of the City of Mound. Section 23.1130. Permit Standards. No permit shall be issued unless the City of Mound finds and determines that the proposed development complies with the following standards: Ao Filling. A minimum amount of filling may be allowed when necessary but in no case shall the following restrictions on total amount of filling be exceeded. Since the total amount of filling which can be permitted is limited, the City, when considering Permit applications, shall consider the equal apportionment of fill opportunity~o riparian land owners. 1. Total filling shall.not cause the total natural flood storage capacity of ~the wetland to fall below the projected vol'ume.of runoff from the whole developed wetland watershed . generated by a six (6) inch rainfall in twenty-four (24) hours. 2. Only fill free of chemical pollutants and organic wastes may be used. 3. Wetlands'shall not be used for solid waste disposal. Dredgi.ng. Dredging may .be allowed only when a boat channel is ..required for access 'to a navi.gable lake, for a marina or when it will not have a substantial or significantly adverse effect upon .the ecological and hydrological characteristics of the wetland. Dredging, when allowed, shall be limited as follows: 1. It shall be located so as to maximize the acti'vity in the areas o~ lowest Vegetation density. .2. It shall not significantly change the water fl~ characteristics. 3. The s.ize of the dredged area'shall be limited to the absolute minimum. ~ 4. Disposal of'the dredged'material ~shall~..not result in 8 · significant~change..in the current flow, or in a substan~i'al~ destruction of vegetation, fish spawning areas or w~ter pollution. 5. Work.in the wetland will.n~t be performed during th~ breeding season of'water'fowl or fish spawning season. 6. Only one boat channel or marina shall be allowed per large- 'scale development. 7. In other residential .developments, dredging 'shall be located s.o as to.provide for the use of boat channels and marinas by two or more'adjacent property owners. 8. The width of the boat channel to be dredged shall be no more thah the minimum required for the safe operation of boats at minimum operating speed. C. Discharges. 1. No.part of any sewage disposal system, requiring on-land or in-ground disposal of waste shall be located closer than 150 feet from the normal high water mark unless it is proven by the applicant t~at no effluent will immediately or gradually reach the wetland because of existing characteristics of the site or system. 2. Organic wast.e which would normally be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or indirectly discharged to the wetland. 3. Stormwater runoff from construction sites may be directed to the wetland only when substantially free of silt, debris and chemical pollutants and only"at rates which will not disturb vegeta~tion or increase turbidity. D. Building constraints. 1. The lowest floor level or basement elevation shall be at least three feet above the seasonal high water level of the wetland. 2. Development which will result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost.action shall not be permitted. E. Vegetation. No wetland vegetation may be removed or altered except that reasonable required for the placement of structures and use of property. Section 23.1135. Conditions. A.Permit may b~ approved subject to compliance with reasonable conditions which are specifically set forth in the Permit and are necessary to insure compliance with the requirements contained in this district. Such conditions may include but at not limited to the following: 1. Limitation'of the size, kind or character of the proposed work. 2. Require the construction of other structures. 3. Require replacement of.vegetation. -~ 4. Establish required monitoring procedures and maintenance activity. 5. Stage the work over time. - 6. Require the alteration of the site design to ensure buffering. 7. Require the provision of a performance bond. 8. Require the conveyance to the City of Mound Or another public entity of certain lands or interest therein. " The dimensional requirements of the underlying zoning district(s) may be modified in furtherance of the purpose of this ordinance by express condition contained in the Permit. ~ Section 23.1140. Time of Permit, A permittee shall begin the work authorized by the Permit within sixty (60) days from the date of issuance of the Permit unless a different.date for the commencement of work is set forth in the Permit. The' permittee shall complete the work authorized by the Permit within the time limits, specified in the Permit which in' no event shall exceed more than twelve (12) months from~ the date of issuance. The permittee shall notify the Building Official at least twenty-four (24) hours prior to commencement of work. Should the work not be commenced as specified herein, the Permit shall become void. Ao Extensions. If, prior to the date established for commencement of work,.the permittee makes written request to the City Manager or his disignated agent for an extension of time to commence the work, setting forth the reasons for the required extension, the administrator may grant such extension. Bo Renewals. A permit which has become void may be renewed at the discretion of the City Council upon payment of a renewal fee. If the C:ity Council does not grant such renewal a Permit for such work may be granted only upon compliance with' the procedures herein established for' an original app'lication. Ce Notice of completion. A permittee shall notify the City Manager or his designated agent in writing when he has finished the work~. No work shall be deemed ~o have been completed until approved in writing by the City Manage'r or his designated agent following such wPitten notification. Do Inspection. The City may require inspections of the work to be made periodical.ly during the course thereof by a member of the City of Mound staff and shall cause a final inspection to be'. made following the completion of the work. The permittee shall assist.the administrator in making such inspections. Section 23.1145. Responsibility; Effect. A. Responsibility. Neither the issuance of a Permit nor compliance with the condi'tions'thereof, nor compliance with the provisions of this'ordinance, shall relieve any persons from any responsibility otherwise imposed by law for damage to persons or property. The issuance of any pe'rmit hereunder shall not serve to impose any 1. iability on the City of Mound or its officers or employees for injury or damage to persons or property. A Permit issued .pursuant to this'ordinance shall not relieve the.p~rmittee of the responsibility of complyin~gith any other requirements established by law, regulation'or ordinance. B. Special assessment. The land within a designated wetlands distri .area for which a development or other-restrictive easement is conveyed to the City shall not be subject to special assessments levied by:the City to pay the costs or publi'c water, sewer, cur~, gutter or other public municipal improvements 'for which such assessments are.authorized pursuant to Minnesota Statutes Chapter 429. Variance. The City Council may.authorize in specific cases foil.owing appeal-and hearing a variance from the provisions of this ordinance where the literal application of the ordinance wou'ld result in substantial inequitable hardship to an applicant property Owner~ I~n assessing hardship the City Council shall balance the severity of the physical, social and economic effects of the.literal application .against the interests of the City in effecting the purposes of this ordinance as expressed 'above. Economic considerations alone.shall not constitute a hardship if a .reasonable use for the property exists under the terms of the ordinance.. No variance may be granted which would allow any use that is prohibited in ~he zoning district in which the subject property is.located. A variance shall be granted in writing accompanied by specific findings of fact as to the necessity for the grant of the variance and its specific provisions. A variance .request shall be processed in accordance with the provisions of Section 23.506 of the Mound City Zoning Ordinance. Section 23.1150. Fees. The City Council may establish by resolution fees for rezonings, variances, permits, condition use permits, special permits or requiring administrative t under any section of the zoning ordinance. me or public expenditures Mayor Attest: City Clerk Adopted by the City Council Published'in Official Newspaper S ~c) Sll .R24W R23W S7 S15 Tl17N S ~ ~0 N 14 N ~-3'. 12 .\ N"13 'Sq3 5 2A SqE! T117N "lB 3 N EZE$ N 15. W N 30 14 ' R23TM WET LANDS MAP JUNE 15,198j LEGEND '~ ' WET 'LAF~DS ''"'"" °¢ "' LAW OFFICES William F. Kelly. AND ASSOCIATES WILLIAM f. KELLY JOHN C, SANDERS DENNIS J. ORKE KENNETH N. POTTS MARK W. KELLY 351 SECOND STREET EXCELSIOR. MINNESOTA 55331 (612) 474-5977 June 10, 1982 Mr. Jon Elam City Manager City of Mound Administrative Officer 5341 Maywood Road Mound, MN 55364 Re: Wetland Inspection Dear Mr. Elam: At the June 8th public hearing on the proposed wetland ordinance held by the Mound City Council it was suggested that as a method of determining the proper classification of my client's property possibly the Hennepin Soil and Water Conservation District could be requested to make an investigation and recommendation of the proper classification under the U. S. Fish and Wildlife Services Classification Scheme. We indicated that we felt that such ~ review would be to the interest of the property owned by our client Priscilla Anderson and hoped that the city would agree to persue the same. We contacted Mr. Joel Settles of the Hennepin Soil and Water Con- servation District and he has indicated he would make an on site inspection of my client's property upon the city making such a request. The purpose of such an inspection would be to render his expert opinion on the proper classification of the land owned by Mrs. Anderson. We would, on behalf of Mrs. Anderson, request the City of Mound to contact Mr. Settles whose phone number is 473-0249, and arrange for an immediate on site inspection of the parcel known as Lot 59, Auditor's Subdivision No. 168, Hennepin County. I am sure the members of the Mound Council do not wish to adopt an amendment to the zoning ordinance which improperty classifies land in the City of Mound. In the event that you do not have on file the publication published by the U. S. Army Corps of Engineers, 1135 U. S. Post Office Building, St. Paul, Minnesota addressing the question of what is and what is not wetlands and how they are classified purusant to the U. S. Fish and Wildlife Services' Classification scheme, I am enclosing such a WILLIAM F. KELLY AND ASSOCIATE~. A'I~rORNEYS Mr. Jon Elam June 10, 1982 Page 2. pamphlet for your study and review. This is the same classifi- cation scheme and definitions as used in the proposed Mound ordinance and shown in the photographed illustrations. The Mound ordinance has classified my client's property as type 4. I think you will agree the photographs of a typical type 4 shows no relation to my client's property. May I call your attention to the picture of type 7, a photograph of which is shown in the pamphlet, which is similar to the property owned by my client. As you can readily understand, the regulations and restrictions which would be appropriate for a type 4 may not be appropriate for a type 7 and of course all properties which would fall within type 7, we assume, would be treated similarily in the event type 7 is included within the proposed wetlands ordinance. We are most anxious to be included in any discussion concerning our client's property and we wish to cooperate with the city in every way possible. WFK:mw Enclosures Sincerely, C.Co Curtis A. Pearson Priscilla Anderson Charles P. Smith Joel Settles WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLO E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMONO KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN R. MARK KOEGLER SCHOELL & MADSON, INC, ENGINEERS, SURVEYORS, PLANNERS ANO SOIL TESTING (612) 938-7601 · 50 NINTH AVENUE SOUTH · HOPKINS, MINNESOTA 55343 June 2, 1982 Mr. William F. Kelly William F. Kelly and Associates 351 Second Street Excelsior, Minnesota 55331 Subject: Lot 59 Auditor's Subdivision No. 168 City of Mound, Minnesot~ Dear Mr. Kelly: We have reviewed the wetland classifications proposed by the City of Mound for the above named property and offer the following comments. First, the area should not be separated into two different wetland classifications. By definition, a Class 41 wetland has three feet or more of water at times. The area proposed as Class 4 can not have three feet of water over it due to the outlet pipe elevation. The undergrowth and tree cover is the same in both areas designated as two separate wetland types which would indicate that the two areas are similar and should be classified the same. Second, the definitions of the wetland types proposed by the City of Mound for this property appear to be in error. By definition, a Type 31 wetland is inland shallow fresh marshes. The soil is usually waterlogged during the growing season; often it is covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, spikerushes, and various other marsh plants such as cattails, arrowheads, pickerelweed, and smartweeds. Common representatives in the North are reed, whitetop, rice cutgrass, carex, and giant burreed. In the Southeast, maindencane, sawgrass, arrowhead, and pickerelweed are characteristic. These marshes may nearly fill shallow lake basins or sloughs, or they may border deep marshes on the landward side. They are also common as seep areas on irrigated lands. ~ SCHOELL & MADSON.,~NC. Mr. ~Villiam Fi Kelly William F. Kelly and Associates Page Two June 2, 1982 By definition, a Type 41 wetland is inland deep fresh marshes. The soil is covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, bulrushes, spikerushes, and wildrice. In open areas, pondweeds, nkiads, coontail, watermilfoils, waterweeds, duckweeds,' waterlilies, or spatterdocks may occur. Water- hyacinth and waterprimroses form surface mats in some localities in the Southeast. These deep marshes may almost completely fill shallow lake basins, potholes, limestone sinks, and sloughs, or they may border open water in such depressions. In my opinion, the area, if it were to be classified a wetland would more likely fall under the classification for a Type 61'or Type 71. Type 6 is shrub swamps. The soil.-is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alders, willows, buttonbush, dogwoods, and swamp-privet. Shrub swamps occur mostly along sluggish streams and occasionally on flood plains. They are used to a limited extent for nesting and feeding in the North and for roosting and feeding in some o£ the Mississippi Alluvial Valley States. Elsewhere, shrub swamps are little used except in a few special situations. Type 7 is wooded swamps. The soil is waterlogged at least to within a few inches of its surface during the growing season, and is ~ often covered with as much as one foot of water. Wooded swamps occur mostly along sluggish streams, on flood plains, on flat uplands, and in very shallow lake basins. In the North, trees include tamarack, arborvitae, black spruce, balsam, red maple, and blask ash. In the South, water oak, overcup oak, tupelo gum, swamp black gum, and cypress are dominant. In the Northwest, western hemlock, red alder, and willows are common. Northern evergreen swamps usually have a thick ground covering o~ mosses. Deciduous swamps frequently support beds of duckweeds, smartweeds, and other herbs. Very truly yours, WREngelhardt:mkr SCHOELL & MADSON, INC. 1 Wetlands of the United States, Their Extent and Their Value to Waterfowl and Other Wildlife by Samuel P. Shaw, C. Gordon Fredine, Circular 39 Fish and Wildlife Service, U.S. Depart- ment of the Interior 1956, Reprint 1971. June 16, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is 'the list of delinquent utility bills for June. JE: fc /~? ? / Account # Delinquent Utility Bills Amount 6-16-82 22 235 2221 61 22 238'4898 10 22 238 4936 11 22 238 4941 11 22 238 5055 91 22 244 5019 31 22 259 4841 91 22 2594969 01 22. 259~5237 91 22 259 5628 91 22 259 5656 01 22 268 5909 41 22 286 6040 91 22 307 6177 31 22 310'2600 21 .22 310 2630 91 22 310 269521 22 310 2710 91 22 310 3012 91 22 310 3198 61 22 313 6324 91 22 316 2882 31 22 321 3005 01 22 343 2066 71 22 343 2281 21 22 343 2420 61 22 373 5031 51 22 373 5063 81 22 385 5070 71 22 388 5049 51 22 397 2524 11 64.84 136.84 92.47 113.52J 51.88 84.84 408.8o j 134.70 111.19 47.75 69.46 77.02 93.19 135.72 116.64 69.56 $3,365.33 A.THOMAS WURST GERALD T. CARROLL CURTIS A. PEARSON THOMAS F. UNDERWOOD ALBERT FAULCONER ~Z JAMES D. LARSON LAW OFFICES WUrSt, CARROLL ~ PEARSON IlO0 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 June 3, 1982 TELEPHONE (61~) 338-8911 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Ordinances Dear Jon: Pursuant to Bruce Wold's memo of May 18, 1982 and your direction to me to prepare these ordinances, I have reviewed them and have tried to put them in proper form and number them according to our existing code. Desyl is concerned by some of the sections in our code and I agree with her that the ordinances need to be recodified. This has been a project put on the back burner for the past 16 years and there never seems to be enough money to do the job properly. I have Desyl's note of March 1 where she indicates some concern about the intoxicating liquor section and she refers to Chapter 31 of the code. I would refer her and the police to Chapter 11 of the city code which deals with intoxicating liquors, and the types of restrictions that she is concerned about will be found in Section 11.50, Subdivisions 12, 15, 16 and 17. There may be other sections of Chapter 11 which will also be helpful to the police and to the prosecutor as it relates to intoxicating liquor. Desyl also mentioned the penalty provisions of Section 70.01 and she must have an old book because Section 71.09 establishes the new penalty provisions and repeals Section 70.01 of the city code. I therefore do not find it necessary to change that section. As to the ordinances themselves,.I am sending a copy to Desyl and I hope you will provide a copy to Bruce Wold so that he may examine it along with you to determine if we have the proposed ordinances in the right sections and if they are consistent with the materials submitted to my office. I have not included the first three sections under what is referred to as false information because they are already in the code as Sections 52.11, 12 and 13. /,2. 73 WURST, CARROLL & PEARSON Mr. Jon Elam Page 2 June 3, 1982 Jon, Desyl and Bruce, I hope these are ready for the council's attention and if there is agreement among you people, they can be submitted to the council at your earliest possible date. City Attorney CAP: ms Enclosure cc: Ms. Desyl Peterson (Dictated but not read by Mr. Pearson) ORDINANCE AN ORDINANCE ADDING SECTIONS 46.13, 51.40, 51.45, 51.50, 55.07, 55.08, 52.135 AND AMENDING SECTION 52.14 RELATING TO UNNECESSARY ACCELERATION OF MOTOR VEHICLES, PUBLIC NUISANCE NOISES, PARTICIPATION IN NOISY PARTIES, DISTURBANCE OF THE PEACE, ENTERING UPON LAND, WINDOW PEEPING AND GIVING FALSE INFOR- MATION TO POLICE The City of Mound does ordain: Section 46.13 if hereby added to the City Code and shall read as follows: Section 46.13. Unnecessary Acceleration. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public or private roadway, driveway, or parking lot or other driving surface within the City limits. Prima facie evidence of such unnecessary acceleration of speed shall be unreasonable squealing or screeching sounds emitted by tires or the throwing of sand or gravel by the tires of said vehicle or both. Section 51.40 is hereby added to the City'Code and shall read as follows: Section 51.40. Public Nuisance Noises Prohibited. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the City. Any police officer may order the offending person to abate the noise nuisance. Any person failing to abate the noise nuisance after being ordered to do so by a police officer shall be guilty of a violation of this Chapter. The following acts, among others, are declared to be nuisance noises in violation of this Article but said enumeration shall not be deemed to be exclusive. Radios, Phonographs, Television, etc. The use, operation, or permitting the playing, use of operation of any radio receiving set, musical instrument, phonograph, television, or other machine or device for the production or reproduc- tion of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time at a louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machioe or device is operated who are voluntary listeners thereto. Additionall~, no music produced or reproduced outside of an enclosed structure shall be amplified byany artificial means at a volume louder than is necessary for convenient listening. Yelling,' Shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly .between the hours of 10:00 P.M. and 7:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, or other type of residence, or of any persons in .the vicinity. Animals, 'Birds, etc. The keeping of any animal or bird Which b~ causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. 4. Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffle= or other device which will effectively prevent loud or explosive noises therefrom. Mufflers of the type commonly known as "Mollywood Mufflers" shall not be permitted. follows: 5. General - Ail loud or unusual noises and annoying vibrations which offend the peace and quiet of persons of ordinary sensibility. Section 51.45 is hereby added to the City Code and shall read as Section 51.45. PartiCipation in Noisy Parties or Gatherings. No person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of sufficient volume or of such~ nature to disturb the peace, quiet, or repose of other persons. A police officer may order all persons present other than the owners or tenants of the building or place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this Chapter. Any owner or tenant of the building or place who has know- ledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this Chapter. Section 51.50 is hereby added to the City Code and shall read as follows: !? Section 51.50. ~Disturbance of the Peace. No person, either individually or in concert with others shall disturb the peace and quiet of any family, neighborhood, or public or private place. Sections 55.07 and 55.08 are hereby added to the City Code and shall read as follows: Section 55.07. 'En~ering'Upon Land. Subd. 1. Consent. It is unlawful for any person to enter upon the %and of another without claim of right or the written consent of the owner or of one who has the right to give consent, except in an emergency situation. Subd. 2. Refusal to leave. It is unlawful for any person in violation of subd. 1 to refuse to leave land upon order of a police officer, if the person is lawfully on the land, to refuse to exhibit the written consent required by subd. 1. Section 55.08. Window Peeping. No person shall go on or over property owned or occupied by another for the purpose of~looking or peeping into any window, door, skylight or other opening in a house, room or building to observe the actions of occupants of any such house, room or building, nor shall any person, in any public or private place, enter a toilet designated for the use by the opposite sex, or look into any window or other opening for any indecent, immoral or unlawful purpose. Section 52.135 is hereby added to the City Code and shall read as follows: Section 52.135. Communicating False Information. No person shall in any case or under any circumstances, not otherwise provided for, willfully communicate either orally or in writing or by any other method, to a city officer in discharging or attempting to discharge the duties of his office, any false or incorrect name or identity, or upon lawful demand and reasonable grounds of the city officer refuse to correctly identify oneself. Section 52.14 of the City Code is hereby amended to read as follows: Section 52.14. Giving False Information to Police. No person shall give any false information to the 'police about any crime or mis- demeanor that has been committed,~nor shall any person report or cause to be reported to any state, county, or City law enforcement agency or officer, by any means of communication, any felony, gross misdemeanor, or misdemeanor knowing that no such felony, gross misdemeanor, or misdemeanor has been committed. Attest: Mayor City Clerk Adopted by City Council . Published Official Newspaper CITY of MOUND June 16, 1982 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Attached is a v~r~ general resolution allowing the Council to go on general record regarding the Senior Citizen Housing Project. No sites are specified. I believe we covered that last week. JE: fc /,,??~ HENNEPIN IL OFFICE OF PLANNING & DEVELOPMENT C-2353 Government Center Minneapolis, Minnesota 55487 (612) 348-6418 June 14, 1982 Mr. John Elam, City Manager City of Mound 5341Maywood Road Mound, MN 55364 RE: 202 Housing Proposal/Supporting Resolution Dear Mr. Elam: It would be beneficial to the West Tonka 202 application if the City Council could at it's next meeting consider the accompanying resolution, as a demonstration of local political support. Should the Council elect to support the resolution, please provide John Rockeford, Community Development Corporation, 328 West Sixth Street, St. Paul, MN 55102, with a certified copy from the application package. If you nave any questions, please contact me at 348-5859. Sincerely, Senior Planner pb Encl osu re cc: John Rockeford HENNEPIN COUNTY an equal opportunlh/employer RESOLUTION NO. 82- RESOLUTION SUPPORTING THE SENIOR CITIZEN HOUSING PROJECT WHEREAS, the City of Mound,'Minnesota, desires to advance elderly housing opportunities for its senior citizens, and WHEREAS, WHEREAS, it is in the best interests of the City of Mound to jointly cooperate with communities of Orono, Spring Park and Minnetrista in such housing efforts, and the City of Mound has approved the establishment of the Westonka Elderly Housing Task Force and has appointed a representative to serve on said committee, and THEREFORE BE IT RESOLVED, that the City of Mound supports the submission of a 202 mortgage application, for the construction of an assisted elderly housing development in the City of Mound, Minnesota, to service the needs of the West Lake Minnetonka area. FURTHERMORE, BE IT RESOLVED, that the City of Mound supports the Westonka Area Housing Project and recognizes it as an innovative use of limited funds in meeting elderly housing needs of the area. CITY of MOUND June 16, 1982 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Since our meeting in April on the water meter problem, Greg and I have looked at all the alternatives that could help Mound; both from a day to day maintenance standpoint and cost. The answer appears to be the purchase of Badger Meters because: 1. A good deal of the City already has Badger outside readers; and parts are on hand. 2. They work off a two wire system, thus we won't have to rewire all the newer homes to take care of the Neptune meters. 3. The cost of the Badger meters is $41.00 and we will receive a credit of $7.48 for each Neptune meter we replace, making the net cost $33.52. The Neptune price after an $18.00 credit is $3~.50. 4. The use of the Neptune system to tie into Cable would not be possible for years to come; the use of the tape to record readings and convert'them to the City computer is also not possible, in part because none of the other Cities on Logis are using a system like Neptunes' 5. To insure we are making the correct decision, I would like to start our program by purchasing: 250, Model 25 Bronze, 3/4' x 7½" Meters. That cost will be $8380.00 and will be paid from the Water Fund. This will provide us with enough meters to fix those that are presently not workin.g, which will probably consume the rest of the Summer. As this problem gets resolved, perhaps we can look at the broader issues involved with outside reading, i.e. self-reading, etc. JE:fc CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: CITY COUNCIL JON ELAM, CITY MANAGER The City has had a real problem with 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 the meters exceeds 20%. Clearly we have got to do something, otherwise the Water Department crews will be tied up almost full time repairing meters they have already installed once. I thought this would be a good chance for the Greg's to show you the specific meter problems and what ideas and suggestions we have for solving 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 Mr. Jon Elam, City Manager Water Department 5341 Maywood Road Mound, MN 55364 April 6, 1982 Subject: Price Quotation Dear Mr. Elam: At the request of our sales representative, Tim McCool, we are pleased to quote the following: 250 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C $41.00- 500 Mdl 25 Bronze, 3/4"x7½", w/ROM, L/C 38.95 Trade-in value for 5/8" Bronze meters 7.48 Terms are net 30 days. Freight will be prepaid and allowed 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. Ver~.,.truly yours, A.[ J. Derse N6'r~thern Region Sales Manager AJD:jg Att. cc: Tim McCool ad jer Recorda l':... Sized Righ',. Recordall disc meters quickly pay for themselves by increasing water revenue. The reason for this is a totally new approach to meter sizing. In developing Record~ll, Badger took into account evidence that water meters generally have been oversized and that a substantial amount of water has not been ade- quately measured at Iow flows. Recordall was designed, therefore, to improve accuracy and revenue in a"practical" flow range that closely matches typical usage. The new sizing concept has become so firmly established that Badger now offers Recordall disc meters with bronze housings for certain specialized applications in addition to its thermoplastic Recordalls for residential and small commercial installations. The bronze meters are designated as Model 25 (plus 5), Model 70 (plus 30) and Model 120 (plus 40). With Recordall disc meters, the model number corresponds to the upper limit of the "practical" flow range. The plus factor designates reserve capacity for intermittent use. Thus, the Model 25 (plus 5) is intended primarily for applications up to 25 gpm, but will function satisfactorily up to 30 gpm. Bronze Model 25 meets or exceeds Standard C-700 of the American Water Works Association for materials and disc nutations in a %" meter. It is designed for water utilities that prefer bronze for pit settings and certain other applica- tions, even though it does not offer the initial economy, corrosion resis- tance and long-term maintenance savings of Recordall plastic meters. Except for housings and bottom plates, the bronze and plastic versions of Recordall Model 25 use the same major components, including registers, hoods and measuring chambers. With a 71/2 laying length, bronze Model 25 is interchangeable with a conventional %" meter, a plastic Model 15 Recordall or a pl~ti6 Model Models 70 and 120 are for applica- ' tions which require larger capacities than the plastic meters presently available. They are offered in a wide selection of laying lengths and end connections (see chart on back page). As shown on this same chart, the Recordall product line generally gives your water utility a choice of two or more disc meters in the same laying length, but with different capacities. That way, you pay only for the capacity you need--not more than you need. And you don't sacri- fice accuracy and revenue at Iow flows. Recordall Design Imp Recordall's innovative sizing con- cept and certain design features help tO improve meter accuracy, especially in the Iow flow range where other meters are least effi- cient. Here are three major reasons for the high accuracy performance: --Gears and many other compo- nents are molded of lightweight, but durable plastics which "run smooth" and impose very little load on the measuring elements. --An O ring on the chamber's outlet port effectively seals the area between chamber and meter housing. roves Accuracy --A powerful magnetic coupling is used to drive the meter's regis.ter, thus eliminating the friction load and drag associated with stuffing box meters. As shown in the accompanying graph, AWWA standards for a 11/2" meter call for 95% accuracy at mini- mum test flow of 11/2 gpm and 98.5 to 101.5% accuracy above 5 gpm. Recordall Model 70 beats that hands down with 97% accuracy at % gpm and 98.5 to 101.5% starting as Iow as 11/4 gpm. GPM ~/~ 3 AWWA STANDARD 1" METER -- 98.5 // to 101.5% // 5O Model 25 Recordall with Optional Read-o-Matic for Remote Reading GPM % 1V4 GPM 95% RECORDALL 70 (PLUS 30) 70 ~00 98.5 to 101.5°/. I Practical Use Range AWWA STANDARD 1~/~" METER 100 98.5 //to 101 5% Space Limitations Prevent Reproduction of This Chart in Exact Scale E]97% Recordall 95 % AWWA E98.5 to 101 5°0 To De iver ore Wa er Revenue RECORDALL FEATURES MAGNETIC DRIVE Operates through top wall of meter housing. No gears in water. No packing glands. SEALED REGISTER Protected against moisture and corrosion. Locks onto meter with clamp ring. CORROSION RESISTANCE Gears, charn'bers and many other parts molded of durable thermoplastic.. EASY SERVICING Chambers and disc assem- blies can be replaced with- out removing meter from line. Meter components can be readily cleaned with detergent and brush. FLOW FINDER S.rn.all trickles of water cause Flow Finder to spin. k Helps signal plumbing s. REMOTE REGISTER Badger Read-o-Matic avail- able as optional register for installations where access is difficult. IL-,.,-Jl SPECIFICATIONS MODEL 25 (PLUS 5) FLOW RANGE Minimum test flow: ~A gpm, accuracy 97% or better. Normal test flow limits: 1/2 to 30 gpm, accuracy of 98.5 to 101.5%. Normal operating capacity: 25 gpm. Safe maximum capacity: 30 gpm. Totalizer capacities: Up to 10 million gallons, 1 million cu. ft., 10,000 or 100,000 cu. meters. MODEL 70 (PLUS 30) FLOW RANGE Minimum test flow: % gpm, 97% accuracy. Normal test flow limits: 11/4 to 100 gpm, 98.5 to 101.5% accuracy. Normal operating capacity: 70 gpm. Safe maximum capacity: 100 gpm. Totalizer capacities: Up to 100 million gallons, 10 million cu. ft., 100,000 or I million cu. meters. MODEL 120 (PLUS 40) FLOW RANGE Minimum test flow: 11/4 gpm, 97% accuracy. Normal test flow limits: 2~/2 to 160 gpm, 98.5 to 101.5% accuracy. Normal operating capacity: 120 gpm. Safe maximum capacity: 160 gpm. Totalizer capacities: Same as Model 70. MATERIALS Housings: bronze. Bottom plates: cast iron standard, bronze optional on Model 25; bronze only on Models 70 and 120. Chamber, partition plate, thrust roller, gear train, screen, register lid and clamp ring: all molded of thermo- plastic. Nutating disc: thermoplastic on Model 25, hard rubber on Models 70 and 120. Chamber O Ring: Buna N. Thrust roller insert, disc and magnet spindles: 316 stain- less steel. Magnets: Barium ferrite. OPERATING PRESSURES: 150 psi maximum. OPERATING TEMPERATURES: 38°F to 80°F. 9200 SHELBYVILL£ RD., SUITE 625 · LOUISVILLE, KY. ,40222 April 20, 1982 Mr. Jon Elam, City Manager City of Mound 5341Maywood Road Mound, Mn. 55364 Dear Mr. Elam, I thought it would be a good idea to recap the things which we have discussed so far concerning our products. Neotune is very sorry that Mound has experienced problems with our odometer type remote reading equipment. Let me assure you that Neptune is very con- cerned and is continually testing and trying to improve this equipment. This equipment does carry a ben year warranty on the register and a five year warranty on the outside odometer. We have also discussed the availability of our AR~ (Automatic Reading and Billing) System. Neptune has had this equipment on the market since 1965. There are approximately 500 water utilities presently using this system. ARB offers many advantages over the remote equipment you are presently using. The big advantage is the direct interrogation of the register in the basement by our reading devices. This insures you that you are getting the actual meter reading every time. The fact that we can put all of the meter readings on tape automatically and then feed the tape into the computerto.print the bills automatically appeals to many utilities who are computerized. Also the central meter reading adaptability is becoming more important~ev~ry day. Neptune presently has two cable tv projects and two telephone projects under- way in which we are reading meters over the cable and telephone lines. The ARB register is being utilized in both cases. I have attached a copy of a comparison of both systems and also a listing of benefits of the ARB total system for your information. Neptune has offered to change your Neptune meters over to the ARB equipment for $18.00 per meter. This is a much reduced price compared to the $34.50 normally charged our customers for this equipment. I believe I have covered everything discussed to this point. Please contact me if you would like to discuss this further. Territory Manager ARB II - TOTAL SYSTEM Features and Benefits 1) REMOTE READING ~ Eliminates lock-outs and call backs " - More readings per day . r Maintains customer's privacY: .- .Eliminates estimated bills AUTOMATIC READING AND RECORDING - Makes meter reading 2 to $ times faster resulting in lower- '. rea~n-~ costs '"" ': - Ends manual entry mistakes to insure accurate billing" .'," "" · - Prevents curb readings ' AUTOMATIC BILL' PROCESSING Shortens billing cycle and improves cash flow 4) - Reduces billing costs by permitting re-assignment of billing clerks - Eliminates clerical errors in billing for'better customer relations - Comprehensive reports provide managemen: with current data for' decision making CENTRAL READING ADAPTABILITY - Since ARB II adapts to existing telephone reading, systems, customer avoids obsqlescence. ..- , 2-1~ire Remote vs ARB II System Comparison of Benefits Feature or Benefit 2-wire remote ARB II System 1) eliminates lock-outs and call backs 2) ease of installation 3) power requirements 4) special inventory requirements $) outside reading always agrees with inside reading 6) er~or detection of malfunction in installation 7)' eliminates manual entry mistakes by meter reader 8) prevents curb readings 9) reduces billing personnel by eliminating manual entry of data .10) eliminates manual entry billing errors 11} shortens billing cycle and improves cash flow yes 2 connections self_ "generating remotes must be stocked by size meter two s~parate mech. elements no no no no no no yes 3 connections reading eqdipment any receptacle goes with any register direct interrogation. yes yes yes. yes yes yes CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 June 15, 1982 TO: FROM: SUBJECT: Jon Elam, City Manager Licensing Department Renewal of Club Licenses and Class A and B Liquor Licenses Club licenses and Class A (On Sale Restaurant) and Class B (On Sale - Sunday Sale) Liquor Licenses expire the last day of June each year. They are: Minnetonka Post 398 American Legion - Club Chamberlain-Goudy VFW Post 5113 - Club Donnie's on the Lake - Class A and B Liquor Surfside, Inc. - Class A and B Liquor Renewals of the Club Licenses and of the Class A and B Liquor License for Donnie's on the Lake have been received. Copies of the renewals have been forwarded to the Police Chief for his recommendation. Marjorie Stutsman MOUND, MINNESOTA 55364 (612) 472-1155 June 16, 1982 TO: CITY COUNCIL FROM: CITY MANAGER RE: STORM SEWER -PEABODY AVENUE Enclosed is a petition that the City has received for a storm sewer extension from the owners of Lot 1 and Lot 2, Block 1, Sherwood Shores. What is happening is the water from this area of County Road llO drains into a catch basin where Peabody Ave. is platted. The water then rushes across the land toward a boat channel that has been dug into the vacated street. Since this waterway has never been dug out, the result is that a great deal of erosion has taken place, with the resulting sediment flowing into the channel causing it to silt up. What needs to be done is: 1. A pipe 12-24" dug in from the catch basin to the channel, OR 2. A cement swail put in around and through all the trees (and there are dozens). The cost of the project would probably be paid by the affected residents, Hennepin County and the City since it does help drain out adjacent City streets. The percentage of each would be based on the total watershed each owns. If the Council wishes to go forward, the next step would be to authorize the preparation of a Preliminary Engineering Report. Then, based on that, we can go from there. JE:fc PETITION FOR CURB AND GUTTER, PAVING, AND STORM SEWERS TO: The Honorable City Council of Mound: We, the undersigned property owners, respectfully request the construction of storm drains, Dx~~X~ on Peabody Ave. (street to be improved) from Connmerce Blvd. (cry ~110) to Lake ~iinnetonka (Note: If property is in joint ownership, both husband and wife should si~n) Lot & Block Lot 1, Block l, Subdivis ion Sherwood Shores ,~ Signature Oll ([ rod. June 16, 1982 CITY MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed are the overlay bids for the 1982 Street Program covering: 1. Priest Lane 2. Rustic Ridge Road 3. Gumwood Road 4. Langdon Lane (north of County Road 15) The Engineer will be in attendance to review these quotations and made a recommendation. JE:fc Advertisement for Bids Mound, Minnesota 1982 Street Overlay Rroject File #6468 Sealed proposals will be received, publicly opened, and read aloud at lO:O0 A.M., Oune 18, 1982 at the City Hall, Mound, Minnesota, for street construction. Work consists of approximately 440 tons of bituminous mixture. The proposals will be considered by the City Council at their meeting on 3une 22, 1982. All proposals shall be addressed to: Oon Elam, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 And shall be securely sealed and shall be endorsed on the outside with the statement "RROROSAL FOR STREET OVERLAY RROOECT" and shall be on the Proposal Form bound into the specifications for the project. Copies of the plans, specifications, and other proposed contract documents are on file with the City Clerk and at the office of McCombs-Knutson Associates, Inc., 12800 Industrial Rark Boulevard, Rlymouth, Minnesota 55441. Plans and specifications for use in preparing bids may be obtained at the office of the above address of the Engineers upon deposit of $20.00. The full amount of the deposit for one set will be refunded to each bidder who has made a deposit and has filed a bid with the Owner, upon return of the plans and specifications within ten (10) days after the bids are opened. 'Each bidder shall file with his bid an acceptable certified check or bidder's bond in an amount of not less than ten percent (10%) of the total amount of his bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City of Mound reserves the right to reject any and all bids and waive any informalities or irregularities therein. CITY OF HOUND ATTEST: Dated: Fran Clark, City Clerk gune 2, 1982 By: Rock Lindlan, Mayor CITY OF MOUND, MINNESOTA 1982 STREET OVERLAY PROJECT JUNE 18, 1982 BID TABULATION BIDDER ALEXANDER CONSTRUCTION 14561 'JOHNNY CAKE RIDGE ROAD APPLE VALLEY, MN. 55124 AERO ASPHALT P. O. BOX 217 3522 SIOUX DRIVE HAMEL, MN. 55340 ASPHALT PAVING MATERIAL 12924 JUNE TERRACE MINNETONKA, MN. 55343 BUFFA!LO BITUMINOUS BLACKTOP CONTRACTORS BUFFALO, MN. 55313 HARDRIVES,INC. BOX 579 ST. CLOUD, MN. MIDWEST ASPHALT CORP. P. O. BOX 338 HOPKINS, MN. 55343 WM. MUELLER & SONS NORTHWEST ASPHALT 1451 COUNTY ROAD 89 SHAKOPEE, MN. 55379 VALLEY PAVING, INC. 12494 WYOMING AVE. SOUTH SAVAGE, MN. 55378 BLACKTOP SERVICE CO. 1200 WEST HWY. 13 BURNSVILLE, MN. 55337 BID BOND 10% lo% 10% TOTAL AMOUNT $35,118.75 $25,885.00 $32,436.00 $32,774.28 NO BID $46,420.O0 $28,166.25 $32,659.75 $3o,751.oo $31,924.50 ENGINEER'S ESTIMATED COST - $32,000.00 lp McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS B LAND SURVEYORS M PLANNERS June 22, 1982 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound 1982 Street Overlay Project File #6468 Dear Mayor and Councilmembers: Nine bids were received on Friday, June 18, 1982 for the above project. As you can see from the attached bid tabulation, the City received some very good prices. Our estimate for the three sections was approximately $32,000. The low bid received was submitted by Aero Asphalt, Inc., in the amount of $25,885.50. They are a newly formed company without any previous projects to use as reference. We have meet with them, reviewed the project, and recommend that the City enter into a contract for this project. I will be happy to answer any further questions the Council may have on this project. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. JC :sj Enc lo sure Minneapolis- Hutchinson - Alexandria- Eagan printed on recycled paper :'ROJECT: 6468 2ITY OF MOUND ~ECTION I - PRIEST LANE :NG MCCOMBS-KNUTSON ITEM UNIT 1 1' BIT. LEVELING COURSE TON 2 BIT. TACK COAT #23S7 GAL 3 1-1/2' BlT WEAR COURSE TON 4 ADJUST MANHOLES EA 5 ADJUST GATE VALVES EA 1988 QUANTITY STREET ENC. ESTIMATE UN I T TO TAL 180.0 0.00 0.00 110.0 0.00 0.00 200.0 0.00 0.00 3.0 0.00 0.00 3.0 0.00 0.00 OVERLAY PROJECT AERO ASPHALT, INC. WM. MUELLER & SONS UNIT TQTAL UNIT TOTAL 82.80 8,736.00 84.75 8,970.00 1.2S 137.S0 1.00 110.00 83.00 4,600.00 84.75 4,9S0.00 13S.00 40S.00 175.00 S85.00 11S.00 34S.00 75.00 22S.00 TOTAL SECTION I - PRIEST LANE 0.00 8,883.S0 8,780.00 PROJECT: 6468 CITY OF HOUND SECTION II - RUSTIC RIDGE ROAD ENGINEER: MCCOMBS-KNUTSOH 198~3 ITEM UNIT QUANTITY 1 TACK COAT ~23S7 GAL 60.0 2 1-1/2" BIT. WEAR COURSE TON 180.0 3 ADJUST MANHOLES EA 8.0 4 ADJUST GATE VALVES EA 1.0 STREET OVERLAY PROJECT ENG. ESTIMATE AERO ASPHALT, INC. UN IT TOTAL UN IT TOTAL PAGE 1 WM. MUELLER & SONS UNIT TOTAL 0.00 0.00 1.2S 75.00 1.00 60.00 0.00 0.00 83.80 2,856.00 24.75 2,970.00 0.00 0.00 12~.00 270.00 175.00 3S0.00 0.00 0.00 llS.O0 115.00 75.00 75.00 TOTAL SECTION I! - RUSTIC RIDGE ROAD 0.00 3,316.00 3,455.00 PROJECT: 6468 CITY OF HOUND 1988 SECTION III - GUMWOOO ROAD & LANGDON LN ENGINEER; MCCOMSS-KNUTSON ITEM UNIT QUANTITY STREET ENG. ESTIMATE UNIT TOTAL 1 BIT. PATCH MN/DOT ~2331 TO?~ 210.0 0.00 2 BI1. TACK COAT ~2357 GAL 180.0 0.00 3 1-1/2" BlT. WEAR COURSE TOil 38S.0 0.00 4~UST MANHOLES EA S.0 0.00 S~UST GATE VALVES EA 2.0 0.00 OVERLAY PROJECT PAGE 1 AERO ASPHALT, INC. WM. MUELLER & SONS UNIT TOTAL UNIT TOTAL 0.00 85.90 5,4S9.00 84.7S 5,197.50 0.00 1.25 22S.00 1.00 1BO.O{: 0.00 80.80 7,777.00 84.75 9,588.75 0.00 12~.00 675.00 175.00 875.00 0.00 llS. O0 230.00 7S.00 1SO.O0 TOTAL SECTION II! - GUMW30D ROAD & LANGDON LN TOTAL SECTIONS I, II, & III 0.00 14,346. O0 25,885.50 1S, 931.25 28,116.25 ROJECTr 6468 ITY OF MOUND 1982 iCTIDN I - PRIEST LANE MCCOMBS-KNUTSON ITEM UNIT QL~4NTITY 1 1" BIT. LEVELING COURSE TON 180.0 2 BIT. TACK COAT #23S7 GAL llO. O 3 i-i/~- BIT ~AR COU~S~ TON ~00.0 4 ADJUST MANHOLES EA 3.0 S ADJUST GATE VALVES Ed 3.0 ST REE T ENG. ESTIMATE UNIT TOTAL OVERLAY PROJECT VALLEY PAVING, INC. UN I T TO TAL 0.00 0.00 88.00 8,640.00 0.00 0.00 1.60 176.00 0.00 0.00 23.50 4,700.00 0.00 0,00 180.00 360.00 O. OQ ~.00 IlO.OD ~0.00 BLACK TOP SERVICE CO UNIT TOTAL 85.00 3,000.00 1.50 165.00 85.00 5,000.00 300.00 900.00 100.00 300.00 TOTAL SECTION I - PRIEST LANE 0.00 8,206.00 9,355.00 'ROJECT: 6468 :ITY OF MOUND 1988 ~CTION II - RUSTIC RIDGE ROAD ~GINEER: MCCOMBS-KNUTSO~ ITEM UNIT QUANTITY 1 TACK COAT #23S7 GAL 60.0 2 1-i/2" BIT. WEAR COURSE TON 180.0 3 ADJUST MANHOLES EA 8.0 4 ADJUST GATE VALVES EA 1.0 STREET ENG. -ESTIMATE UN ! T TO TAL 0.00 0.00 0.00 0.00 OVERLAY PROJECT 0.00 0.00 0.00 0.00 VALLEY PAVING, INC. UNIT TOTAL 2.00 1~0.00 24.00 2,880.00 1SO. O0 300.00 130.00 130.00 PAGE 8 BLACK TOP SERVICE CO UNIT TOTAL 8.00 120.00 SS.SO 3,060.00 100.00 800.00 8S.00 8S.00 TOTAL SECTION II - RUSTIC RIDGE ROAD 0.00 3,430.00 3,46S.00 , 'ROJECT." 6468 :ITY OF MOUND 1982 ~-CTION III - GUMWDOD ROAD & LANGDON LN ~G INEER: MCCOMBS-KNUTSON ITEM ! BIT. PATCH MN/DOT 2 BIT. TACK COAT #23S7 3 1-1/2' BIT. WEAR COURSE 4 MANHOLES S GATE VALVES UNIT QUANTITY STREET ENG. ESTIMATE UN I T TO TAL TON 810.0 0.00 GAL 180.0 0.00 TON 38S.0 0.00 EA S.0 0.00 EA 8.0 0.00 OVERLAY PROJECT PAGE 2 VALLEY PAVING, INC. BLACK TOF' SERVICE CO UNIT TOTAL UNIT TOTAL 0.00 44.00 9,240.00 $~.70 8,2~7.00 0.00 1.SO 270.00 1.SO 270.00 0.00 23.00 8,855.00 85.50 9,817.50 0.00 110.00 SS0.00 100.00 S00.00 0.00 100.00 200.00 8S.00 170.00 TOTAL SECTION III - GL~MWOOD ROAD 8, LANGDON LN TOTAL SECTIONS I, II & III 0.00 19, liS. O0 30,751.00 19,094.S0 31,924.50 :'ROJECT: 6468 .'ITY OF MO UNO fCTION I - PRIEST LANE MCCOMBS-KNUTSON ITEM UNIT 1" BIT. LEVELING COURSE TON BIT. TACK COAT #2357 GAL i-i/2' BIT ~EAR COURSE TON ADJUST MANHOLES EA ADSUST GATE VALVES EA TOTAL SECTION I - PRIEST LANE 1982 QUANTITY STREET ENG. ESTIMATE UNIT TOTAL 120.0 0.00 0.00 110.0 O. O0 O. O0 200.0 0.00 0.00 3.0 0.00 0.00 3.0 0.00 0.00 OVERLAY PROJECT ASPHALT PAVING MATLS UNIT TOTAL 27.80 3,5<36.00 1.10 1Pl. O0 25.80 5,iGO. O0 80.00 240.00 60.00 180.00 PAGE NORTHWEST ASPHALT UNIT TOTAL ~5.00 3,000.00 2.00 220.00 25.75 5,150.00 130.00 390.00 75.00 225.00 O. O0 9,037. O0 B, 90S. O0 >ROJECT: 6468 DITY OF MOUND ICTION II - RUSTIC RIDGE ROAD iNGINEER: MCCOMBS-KNUTSON 1982 ITEM UNIT QUANTITY 1 TACK COAT #23S7 GAL 60.0 2 1-1/8" BIT. WEAR COURSE TON 20.0 3 ADJUST MANHOLES EA 2.0 4 ADJUST GATE VALVES EA 1.0 STREET ENG~ ESTIMATE UNIT TOTAL 0.00 0.00 0.00 0.00 OVERLAY PROJECT PAGE 3 ASPHALT PAVING MATLS NORTHWEST ASPHALT UNIT TOTAL UNIT TOTAL 0.00 1.10 66.00 3.00 1BO. O0 0.00 25.80 3,~.00 85,75 3,090.00 0.00 80.00 160.00 130.00 860.00 0.00 60.00 60.00 75.00 75.00 TOTAL SECTION II - RUSTIC RIDGE ROAD 0.00 3,388.00 3,605.00 F'ROJECT: 6468 CITY OF MOUND 1988 SECTION III - GUHWODD ROAD ~ LANGDON LN ENGINEER: MCCOMBS-KNUTSON ITEM UNIT QUANTITY STREET ENG. ESTIMATE UNIT TOTAL BIT. PATCH MN/DOT #25~:1 TON 210.0 0.00 BIT. TACK COAT #23S7 GAL 1BO.O 0.00 1_1/2~ BIT. WEAR COURSE TON 385.0 0.00 ~m~UST MANHOLES EA S. 0 O. 00 I~UST GATE VALVES EA 8.0 0.00 OVERLAY PROJECT PAGE 3 ASPHALT PAVING MATLS NORTHWEST ASPHALT UNIT TOTAL UNIT TOTAL 0.00 44.60 9,366.00 48.00 B,B20.O0 0.00 1.10 198.00 1.50 270.00 0.00 25.80 9,9°~:.00 85.$x3 9,759.75 0.00 BO. O0 400.00 130.00 650.00 0.00 60.00 120.00 ?S.O0 150.00 IOTAL SECTION III - GL~IWOOD ROAD & LANGDON LN TOTAL SECTIONS I, II, & III O. O0 80,017. O0 19,649.75 32,436.00 32,239.75 F'ROJECT ~ 6468 CIT¥ OF HOUND SECTION I - PRIEST LANE MCCOMBS-KNUTS~N ITEM UNIT 1 1' BIT. LEVELING COURSE TON 8 BIT. TACK COAT #25~7 GAL 3 1-1/8' BIT WEAR COURSE TON 4 ADJUST MANHOLES EA S ADJUST GATE VALVES EA 19B~! QUANTITY ST REE T ENG. ESTIMATE UNIT TOTAL 180.0 O. OO 110.0 0.00 800.0 0.00 3.0 0.00 3.0 O. O0 OVERLAY PROJECT PAGE BUFFALO BITUMINOUS ALEXANDER CONSTR. UNIT TOTAL UNIT TOTAL 0.00 24.50 8,940.00 88.50 3,480.00 0.00 0.10 11.00 1.85 137.S0 0.00 24.85 4,970.00 89.80 5,840.00 0.00 160.00 480.00 150.00 450.00 0.00 100.00 300.00 100.00 300.00 TOTAL SECTION I - PRIEST LANE 0.00 B,701.O0 10,147.50 PROJECT: 6468 CITY OF MOUND S~CTION II - RUSTIC RIDGE ROAD ENGINEER: MCCOMBS-KNUTSOi~ ITEM UNIT QUANTITY 1982 STREET ENG. ESTIMA~ UNIT TOTAL TACK COAT ~2357 GAL 60.0 0.00 1-1/8' BIT. WEAR COURSE TON ]80.0 0.00 ADJUST MAHdDLES EA 8.0 0.00 ADJUST GATE VALVES EA 1.0 0.00 OVERLAY F'ROJECT PAGE 4 BUFFALO BITUMINOUS ALEXANDER CONSTR. UNIT TOTAL UNIT TOTAL 0.00 0.10 6.00 1.85 75.00 0.00 84.85 8,988.00 31.80 3,744.00 0.00 160.00 380.00 150.00 300.00 0.00 100.00 100.00 100.00 100.00 TOTAL SECTION II - RUSTIC RIDGE ROAD 0.00 3,408.00 4,819.00 PROJECT: 6468 CITY OF MOUND 1982 STREET SECTIO~ III - GL~WOOD ROAD ~ LAI~GDOt~ L?~ ENGINEER: MCCOMBS-KNUTSON ITEM UNIT QUANTITY ENG. ESTIMATE UNI~ TOTAL 1 BIT. PATCH MN/DOT #2331 TO!~ 210.0 0.00 2 8IT. TACK COAT #P357 GAL 180.0 0.00 3 1-1/8" BIT. WEAR COURSE TO!~ 385.0 0.00 4~UST MANHOLES EA S.O 0.00 S~J~JUST GATE VALVES EA 8.0 0.00 OVERLAY PROJECT PAGE 4 BUFFALO BITUMINOUS ALEXANDER CONSTR. UNIT TOTAL UNIT TOTAL 0.00 48.00 10,080.00 44.00 9,840.00 0.00 0.10 18.00 1.85 885.00 0.00 84.~ 9,567.85 86.85 10,337.85 0.00 160.00 800.00 150.00 750.00 0.00 100.00 800.00 100.00 800.00 TOTAL SECTION I!I - GUMWOOD ROAD & LANGDON LN TOTAL SECTIONS I, II, & III 0.00 80,665.85 32,774.25 20,752.85 35,118.75 PROJECT~' 6468 CITY OF MOUND SECTION I - F'RIEST LANE ~m~NEER: MCCOMBS-)OIUTSON 1988 ITEM UNI? QUANTITY 1' BIT. LEVELING COURSE TO~ 180.0 BIT. TACK COAT #2~7 GAL 110.0 I-i/P" BIT WEAR COURSE TON 200.0 ADJUST MANHOLES EA 3.0 ADJUST GATE VALVES EA 3.0 TOTAL SECTION I - PRIEST LANE STREET ENG. ESTIMATE UNIT TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 OVERLAY PROJECT MIDWEST ASPHALT UN I T TO TAL 36.50 4,380.00 8.10 831. O0 37.00 7,400.00 80.00 840.00 70. O0 810. O0 0.00 18,461.00 PROJECT: G468 CITY OF MOUND ~CTION II - RUSTIC RIDGE ROAD ENGINEER: MCCOMBS-ENUISON 1982 ITEM UNIT QUANTITY lACE COAT ~8357 GAL 60.0 1-1/8" BIT. WEAR COURSE 1ON 180.0 ADJUST MANHOLES EA 8.0 ADJUST GATE VALVES EA 1.0 STREET OVERLAY PROJECT ENG. ESTIMATE MID,ST ASPHALT UNIT TOTAL UNIT TOTAL 0.00 0.00 8.10 186.00 0.00 0.00 37.00 4,440.00 0.00 0.00 80.00 160.00 0.00 0.00 70,00 70.00 PAGE 5 TOTAL SECTION II - RUSTIC RIDGE ROAD 0.00 4,796.00 PROJECT: G4G8 CITY OF MOUND 1982 SECTION III - GUMW00D ROAD & LANGDON LN ENGINEER: MCCOMBS-KNUTSON ITEM UNIT QUANTITY 1 BIT. PATCH MN/DDT #8C4:1 8 BIT. lACK COAT #23S7 3 1-1/2" BIT. WEAR COURSE ,ADJUST MANHOLES ADJUST GATE VALVES TON 810.0 GAL 180.0 TON 38S.0 EA S.0 EA 8.0 STREET OVERLAY PROJECT ENG. ESTIMATE MIDWEST ASPHALT UNIT TOTAL UNIT TOTAL 0.00 0.00 70.00 14,700.00 0.00 0.00 8.10 378.00 0.00 0.00 37.00 14,84S.00 0.00 0.00 80.00 400.00 0.00 0.00 70.00 140.00 PAGE S TOTAL SECIION III - G~WDOD ROAD & LANGDON LN TOTAL SECTIONS I, II, & III 0.00 89,863.00 47,120.00 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS I~ LAND SURVEYORS ~ PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 June 22, 1982 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound 1980 Street Improvements Completion of Waterbury Road File #5248 Dear Mayor and Councilmembers: We have received bids from three different contractors for the completion of Waterbury Road. This is the section of street that went through condemnation proceedings to ac- quire the necessary easement. Valley Paving submitted the low bid of $5,067.00. Attached are copies of the three bids received. We would recommend that the City sign a contract with Valley Paving to complete this section of street. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Joh~nCamer~o~n~~yx~'''-~ JC:sj Enclosure Minneapolis- Hutchinson - Alexandria - Eagan printed on rec¥cted paper PROPOSAL Completion of Street Improvement on Waterbury Road East of Tuxedo Boulevard City of Mound File #5248 ITEM QUANTITY UNIT. PRICE TOTAL Fill Material (City will furnish) i50 c.Y. $ 5.¢o /cY $ ~o°~ Remove Existing Bituminous 170 S.Y. $ Concrete Curb & Gutter 5-512 Concrete Driveway Apron 150 L.F. 75 S.F. $- I~.~ /LF $_ _S..°Z°./SF $ ·/-~0o ~ $.. Bituminous Wear Mn/DOT 2341 Black Dirt & Sod 65 TON $ 2/~ O'O /TN $ 25 S.Y. $. 6,¢ /SY $. Black Dirt & Seed 250 S.Y. $ .~.crC~ /SY $ ~C~-°° Adjust M.H. Casting 1 EACH $ o~o-~)_~./EA $.. ~-~.0~2 .. c¢~ TOTAL BID ...................................................... $ ,~q~) %. O0 PROPOSAL Completion of Street Improvement on Waterbury Road East of luxedo Boulevard City of Mound File #5248 ITEM Fill Material (City will furnish) Remove Existing Bituminous Concrete Curb & Gutter S-512 Concrete Driveway Apron Bituminous Wear Mn/DOT 2341 Black Dirt & Sod Black Dirt & Seed Adjust M.H. Casting QUANTITY UNIIRRICE TOIAL 150 C.Y. $ ~.o~./CY 150 L.F. 75 S.F. $ /d5"~,~90 /LF $-~o~2 /SF 65 TON $ ~'~(),OC') /TN $' .~'~/ 25 S.Y. $ ,5'~",oo /SY $- - 250 S.Y. $ ~,~c> /SY $ 1 EACH $ /~,~/EA $.... TOTAL BID ...................................................... $ ~,/~m.~5~/~(~ Anthony Bianconi ' Widmer Bros., Inc. P.O. Box 218 Spring Park, MN 55384 RROROSAL Completion of Street Improvement on Waterbury Road East of Tuxedo Boulevard City of Mound File #5248 ITEM Fill Material (City will furnish) Remove Existing Bituminous Concrete Curb & Gutter S-512 Concrete Drlveway Apron Bituminous Wear Mn/DOT 2341 81ack Dirt & Sod ~ ~;~ 81ack Dirt & Seed ~z/~4~ Adjust M.H. Casting QUANTITY UNIT F~ICE TOZAL TOTAL BID ...................................................... 76" June 16, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: UNIT CHARGE CASES Enclosed are two cases where people have applied to combine lots for the purpose of reducing their street assessments. Since both are conforming lots, I would think we would not want to approve them, but I bring them forward for the Council's edification and my clarification. JE: fc CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (6t2) 472-1155 Date: To: From: Regarding: June 9, 1982 Jon Elam Sharon Legg Dropping of a unit charge on PID# 24-117-24 43 0072 I reviewed the circumstances of the combination of Lots 4 & 33 and 5 & 32, Block 15, Arden Addition. A request to combine these lots was signed on October 6, 1981. At that time, there was a house on each property. Therefore, a unit charge could not be cancelled per John Cameron. Each lot was 8,000 square feet in an area zoned A-2 (6,000 Sq. Ft.) and thus a conforming lot. When I talked to Mrs. Vance, I did not know there was a house on each parcel. She seemed to think a unit charge was to be dropped when she combined these lots. I agreed but told her I needed to check further. She made no mention about two buildings or tearing down one. I told' her to hold off on paying her taxes, that we would check it out. This is where it stands. She is still under the impression that a unit charge will be dropped because of the combination and I am guessing she is still waiting to pay her taxes. If you decide you would like to drop a unit charge after she demolishes her home, a resolution is attached. /2?? .,~. · 8534 ~ IR.L.S. N BRIGHTON' CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Date: To: From: Re: June 9, 1982 Jon Elam Sharon Legg Dropping of a unit charge on PID 13-117-24 44 0090 (new PID) A request four combination was signed on ~overmb.e~_El3, 1981 by Mrs. Rose Braun to combine PID 13-117-24 44 0082 and 13-117-24 44 0083. Pe-~-~--~i-~-~b'~'si6n she had with Gloria Alstrup at the county, she received a tax statement with the combination on it. However, there was no reduction in the amount of specials which ~the thought there wouTd be. Gloria told her not to pay her taxes until she received a revised tax statement. These parcels consist of Lots 51 and 52, Subdivision of Lots 1 and 32, Skarp & Lindquist's Ravenswood. Lot 51 t* ~ 16,000 sq.ft. and Lot 52 was 8,200 square feet, zoned B (Duplex 6,000/unit). What she was told at the time of combination, I don't know. However', she did come in past the deadline and it looks as if her lots were con- forming tO begin with. / f B '~. 59 5B 57 . 36 i'~5 .34 . 5~ ~ NORTHER~ ~o ROAD · < ',$¢"12 ';$ June 16, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is a memo and a map from the School's Engineer on the Drop-Off Project near the Ice Arena. As you will note, the final project cost will be somewhat less than the $17,654.51 we approved last Fall (i.e. $16,964.03). The Council does need to approve a Change Order (item 4) in the amount of $900.00 to cover wood chips, mat and plastic edging. Soon, hopefully, the project will be completed, which along with the Ice Arena's landscaping will really make an esthetic improvement downtown. JE:fc /So/ HGA MEMO TO: MEMO BY: DATED: SUBJECT: Mound Bus Drop - Commission Number 435.048 James Husnik 14 June 1982 Field inspection and meeting A site meetin9 was held Thursday, June 10, 1982. Present were: Ron Chester (C. S. McCrossan), H. B. R. Larson (Independent School District #277), Jon Elam (City of Mound), Jerry Coles (Manager, Sports Center project) and myself. The contract work is incomplete. In 1981, the contractor completed $14,811.58 worth of work leaving a maximum of $2,842.93 for completion of the job this year. The incomplete work is as follows: 1. Two Alpine Currants have to be added to the north end of the island. This will be done under the $720.00 figure submitted and paid last fall. 2. Approximately 130 cubic yards of fill are required to complete grading. This includes a minimum of 6" of topsoil for subsequent laying of sod. 3. The entire area disturbed by grading shall be sodded. This will result in approximately 535 sq. yds. of sod. At this meeting it was noted that a requested change for wood chips around a significant tree was not covered by the contract. The contractor was asked to provide a lump sum quote for wood chips plastic edging and a plastic mat as shown on drawing C1R revised 6/14/82. Be On Monday, June 14, 1982, Ron Chester of C. S. McCrossan quoted a figure of $900.00 to complete the wood chips, plastic mat and plastic edging as shown on drawing ClR (revised 6/14/82). The projected costs for completion of the project are as follows: Unit Price Item 1 (No Charge) Item 2 130 cubic yards at $4.49 = $ 683.70 Item 3 535 square yards of sod at $1.25 = $ 668.75 Item 4 lump sum quote for wood chips, mat and plastic edging $ 900.00 $2,152.45 it appears as though the project will be completed for less than the contract amount of $17,654.51. Payment will be made by the City of Mound for the actual yardages placed multiplied by the unit prices agreed to in the contract. The total amount shall not exceed the contract amount. la cc: Donald Brandenburg H. B. R. Larson Ron Chester ~on Elam June 16, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed are the specifications for Well No. 8. George Boyer will be on hand to review them and answer any questions. will then be in a position to seek bids and continue forward with our efforts to put a well in Island Park. We JE:fc 545 Indian Mound Wayzata, Minnesota 55391 (612) 473-4224 March 15, 1982 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Test Holes Dear Jon: Enclosed herewith please fi nd one copy of the following: Test hole logs E-logs of test holes We are in the process of analyzing the logs and E-logs along with the test hole samples taken during the drilling operations and will be submitting our analysis and recommendations shortly. Sincerely, EU~E A. HICKOK AND ASSOCIATES Vice President bt Enclosures TEST HOLE NO. 1 (Donald Drive and Devon MOUND, MINNESOTA Lane) 0-1 1-25 25-27 27-36 36-50 50-73 73-76 76-200 200-212 DescriEtion Black dirt Yellow clay Rock Yellow clay Blue clay Sand Red clay Fine red sand Yellow fine sandstone (Park TEST HOLE NO. 2 at Maintenance Building) MOUND, MINNESOTA 0-1 1 -60 60-63 63-72 72-127 1 27-140 Black dirt Blue clay Rocks and boulders Dirty sand Clean sand Yellow sandstone 60 ?0 80 85 90 100 105 110 115 1~0 125 130 135 140 145 150 155 160 165 170 175 180 185 190 195 200 TEST S? -8 -1:2 -8 +11 +8 -8 +2 -8 0 0 +8 -8 0 +11 +8 +5 +5 +11 +7 +7 -:2 0 +4 +4 +2 0 0 0 +8 E-LOG HOLE NO. 0,2 290 352 394 145 160 236 142 424 545 535 463 668 485 109 105 102 101 96 116 149 2O7 196 205 160 152 196 143 136 186 2.5 83 160 152 36 33 55 45 163 292 279 213 308 330 20 14 13 13 13 18 25 46 46 52 38 32 34 28 21 28 E- LOG TEST HOLE NO. 2 15 20 25 30 35 40 45 50 55 60 65 70 '/5 80 85 90 95 100 105 110 115 120 125 130 135 +14 34 +5 48 +12 4'/ +7 0 58 +2 57 +8 40 +2 40 +10 53 +8 52 +4 67 -16 105 -1 5 136 -2 114 +8 112 +4 134 -3 137 0 118 -8 130 -8 122 -8 113 -4 102 0 114 -10 131 -14 224 5 0 2 5 5 4 1 0 0 4 4 15 25 23 18 27 28 34 27 23 22 20 20 26 42 CITY OF I','IOUND MOUND, Iv~iNN~SOTA SPECI ~ICAf~ION~ ~OH WELL NO. 5 EUGENE A. HICKOK AND ASUOCIATE~ JUNE 1952 NOTICE OF bE'£'L'L~'~ WEbL flU. 5 I~M)UND, ~IIN[~EtSOTA Sealed bids will be received in triplicate, at the of£ice of the City ~vla'nager City oz' ~'lound, ~'linnesota until o'cloc~ p.m. on the day of 1952 and opened and read aloud. Said bids will be considered at. o'clock p.m. on the day of 1952, for furnishing all labor, materials, tools, and equipment required to construct a new well, all as outlined and in strict accordance with the plans and specifications as prepared by E. A. Hickok and Associates, Inc., Hydrologists Engineers, 545 Indian ~ound, Wayzata, [~'linnesota 55391. Plans and Upecifications are on file with the City Manager, 5341 Maywood Road, Mound, Minnesota and E. A. Hickok and Associates, Inc. All proposals shall be made on forms to be supplied by the Engineer like those attached to, and made a part of, the Contract Documents and shall be addressed to: ~v[r. Jon Elam, City Manager 5341 Maywood Road ~ound, Minnesota 55364 and endorsed: Bid for~ Well No. 5 Copies of the plans and specifications may be obtained'from the Engineer on deposit of the sum of $25.00 Dollars. Each proposal shall be accompanied by a certified check, bid bond or cash deposit made payable to the City of Mound,'Minnesota in the amount of ten percent (10~) of the maximum bid, as a guarantee that the Bidder will enter into the proposed contract within the time specified. The successful bidder shall furnish a performance bond within ten (10) days after award of the contract in the full amount of the contract. The performance bond shall be executed by a company duly authorized to do business in the 5tare of Minnesota. The bidder shall furnish a statement satisfactory to the Owner and Engineer that he is a qualified bidder, that he maintains a permanent place of business and that he has had experience in constructing and performing the wor~ as outlined in this Specification. The Owner reserves the right to reject any or all bids, waive minor irregularities if it appears to said Owner that such irregularities and errors were made through inadvertance. NL-1 No bidder may withdraw ~i:~ bid for at ±ea:Jt t~irty (jOj days after ~ct~eduled closi~g time for t~e receipt of t~e bids. Publ~s~ed by autt~ortty oI' the City of i,iou~d, l~if~ne,~ota. City of i~lound, l~innesota By Jon Elam ~City L~ianager) .By -~Uity Clerk] 1.01 HCOPE OP WOtiK The Contractor shall provide al.L 'Labor, material.La, sKil'L and equipment to satisfactorily construct one new sanitary municipal well in the City of i~lound, ~v~inne:sota; all in strict accordance with the Specit'ications. The new well shall be constructed in the form of a 20' x 12' deep well, and shall10e constructed by either cable tool or rotary, equipment. Only the best established practice of workmanship snell be used throughout the course of t~]is work and the final water supply shall comply in all respects to the various sanitary and construction standards as set forth by the lVlinnesota ~tate Department of Health. The total depth of the deep well covered in these Specifications will be approximately 200 feet from existing grade. All drilling operations throughout 'the course of this work shall be considered as a progressive program of testing and exploration of the underground conditions. The well shall 'be finished at the elevation and in the manner whic~ is found to be most suitable for producing the maximum yield. In the event that a satisfactory quantity and quality of water is found or located at a depth of less than 200 feet, the Contractor may be required to finish and develop the well at this elevation; however, he may be requested to continue his drilling operatibns to a greater depth or to pull back to some previous elevation nearer to the surface. The necessary approval with regard to location and construction details will be secured from the Minnesota State Department of Health by the Owner before the Contractor commences his operations. Representatives from 'the State Department of Health, as well as various municipal officials and personnel, snail have access to the construction site at all times throughout the course of this work. 1.02 .CONSTRUCTION OPERATIONS The Contractor shall at all times keep his operations confined to the construction site and to maintain the noise of drilling work to a minimum. No drilling operations will be permitted at night unless approval is granted by the Owner. 1.03 REMOVAL OF CONBTRUCTION DEBHI~ During the progress of the work, all rubbish and unused materials shall be removed from the site and disposed ct' in a location as directed by the Owner. Drilling debris shall only be allowed to accumulate where directed, and under no circumstances snail this /$11 the work covered in ti~e~tx ,~pu~.~['ica¢ions, the construction site shall be restored to its uri6ia::~l tteat and orderky condition. 1 .04 LOG OF DH[I~,ING OF~i~TIO~S The Contractor shal£ at ali times keep an accurate log of the location of tops and bottoms of ali the various geological formation encountered during his dril£ing operations. ~hese records shall contain a complete and accurate description of the various water levels encountered. ,~amples shall be taken wherever the character of the geological formation changes, and never at more than 2-foot intervals from top to bottom of well. Ail samples shall be submitted to the Owner in glass oars of not less than one pint capacity, together with one copy of the complete drilling log of the well before final payment is made. Copies of the I'inal drilling log of the well snail also be submitted to the Engineer upon completion of the wor~. 1.O5 WATER SAMPLES The Owner shall at all times throughout the course of this wor~ have the liberty of taking water samples from the well during the drilling operations. The Contractor shall furnish whatever assistance necessary in order to secure satisfactory samples. The Contractor shall be required to suspend drilling operations as directed for such a time as reasonable in order that various analyses can be made of the water samples. The Engineer shall be notified whenever a change in water level occurs or whenever a distinctive change in formation is encountered so that he may have ample opportunity to take such samples in order to determine the various changes in the quality and quantity of the water. 1 .06 CASINGS Casings to be used as a part o£ the permanent well shall be of new material. The casing to be used in connection with t~is wor~ shall consist of straight new black steel pipe provided with beveled ends suitable for continuous welding. The minimum wall thickness shall be as follows: Size Diameter (in) ThicKness Weight Per Foot (in) External Internal (in) (lbs) 8 8.625 7.981 O .322 28.55 ~O ~O.750 10.020 0.365 40.48 12 12.750 12.7OO 0.375 49.56 14 14.0OO 13.250 0.375 54.57 1~ 16 .OOO 15 .250 O .375 62.5~ 1U 18 .OOO 17.250 O .375 70.59 20 20.0OO 19.250 0.375 7~.60 24 24 .OOO 23 .OOO O .500 125 .49 T~-2 All steel casing used in co~nection wit~ t~i:~ wor~ s~all 5e of a type us l,anuf:~ctured Oy ~ repu'table pip~ ma~nfacturer ~nd shall De delivered to t~e construction site free from Ourrs, abrasions, deflects or any other oboectionabie items. Welded-type casi.ng joints shall Oe used. The welding ~al£ be done only by a certiffied welder and the joint shall be of ~ single V-butt type which is continuously welded around the entire circum£erence prior to installation. The drive pipe section of the casing whic~ is used shall be equipped with a standard forged steel drive shoe off a size to meet the diameter conditions off the well. The well casing shal'l extend above grade and ~e cut off at' the elevation as designated by the Engineer. Pay quantity for the well casing s~all be measured from grade to 'the deepest depth reached during drilling and from grade to the top of the pipe. Casing used flor the test well does not need to be off new material. 1.07 TEST WELL CONSTRUCTION The Contractor shall drill a nominal 8-inch diameter hole to the terminal depth off the well (200 fleet), keeping the drilled hole ffull off a mixture o£ drilling Hud and water. The speciffic gravity off the drilling Hud shall be adjusted to prevent collapse off the wells off the test well. An 8-inch diameter casing, along with 25 £eet off test screen, shall 'be installed within the nominal 8-inch drilling hole. The test well shall be developed £or £our hours using high pressure jetting equipment. Upon completion o£ the development, a test pump shall be installed and a pumping test performed. Details on the test pump and pumping test are specified elsewhere. ' 1.08 TEST WELL PUMPING TEST A£ter completion oZ~ the test well, t~e Contractor shall install a standard engine-driven turbine or submersible pump capable of delivering not less than 400 gallons per minute. Ail labor and equipment required during the process off such test shall be furnished by the Contractor. The testing equipment shall include a drawdown gage and a calibrated ori£ice of su±'I'icient size to determine the correct rate of pumping. The duration oI' the pumping test shall be six continuous hours as a minimum and 24 continuous hours as a maximum. For 'bidding purposes, the duration shall be 12 hours. The Engineer shall be noti£ied o£ the scheduled pumping test as far in advance as possible and must be present at the start off the test. Upon completion off the pumping test, the Contractor shall dismantle the test pump and associated discharge piping, and pull the 8-inch casing and screen. Ail materials removed shall be the property of the Contractor. TS-3 1.0~d WELL COlgaTe, OCT iOl~l 1£ the Owner awards the contract on the basis of cable tool construction, the Contractor shall proceed to drive 24-inc~ casing pipe i'rom 6rude to a ~epth of 50 feet, b;xiiin6 out material insime the casing above the drive shoe. Upon completion bi' driving 24-inch casing, a 2b-inch casing shall be installed I'rom grade to the 50-I'oot depth and then driven from the 5b-foot depth to a depth of 1OO feet. A 12-inch O.D. casing shall be installed from grade to the lOO-I'oot Ueptn and then ariven to a meptn of 200 feet. A nominal 12-inch telescoping screen shall be placed inside the 12-inch casing and the screen exposed to the water-bearing formation by jacking bac~ the 12-inch casing. A lead packer, attached to the top of the screen, shall be swedged out to provide a seal between the top of the screen and the 12-inch casing. The 24-inch casing shall be removed and the annular space between the 2b-inch and 12-inch casings shall be grouted in place. The well shall be developed and a pumping test per£ormed as speci£ied elsewhere. A cap shall be provided upon completion o£ the test pumping. If the Owner awards the contract on the basis o£ rotary drilling construction, the Contractor shall proceed to drill a no~inal 20-rich open hole £rom grade to a depth of 200 feet. The 12-inch casings shall be grouted in place. The well shall be developed and a pumping test per£ormed as specified elsewhere. A cap shall be provided upon completion o~ the test pumping. If the Owner awards the contract on the basis of rotary drifling construction, the Contractor shall proceed to drill a nominal 2b-inch open hole from grade to a depth of 200 feet. A 12-inch screen and casing pipe shall be installed inside the 2b-inch open hole using centering guides to insure that the 12-inch casing and screen is centered inside the 2b-inch open hole. A quantity of gravel shall be piped to the bottom of the well and continued until the level of gravel is 15 feet above the top of the screen. The remaining annular space between the 12-inch casing and nominal 20-inch open hole shall be grouted from the top of the gravel to the surface. Upon completion of the grouting, the Contractor shall develop the well and perform a pumping test as outlined elsewhere. 1 .10 PLUMBNESS AND ALIGNMENT Plumbness and alignment shall be tested by lowering into the well to a depth corresponding to the top o£ the screen, a section of pipe 40 feet long or a dummy of the same length. The outer diameter of the plumb shall not be more than 1/2-inch smaller than the diameter of that part of the casing being tested. If a dummy is used, it shall consist of rigid spindle with three rings, each being 12 inches wide. The rings shall be truly cylindrical and shall be spaced one on each end of the dummy and one ring in the center. TD-4 5t~ouLd the dummy or casing fail to move t'r~ely t~roug~oat the length of the-casing or should the well vary .from the vertical in excess of two-thirds the smallest insid~ diameter oI' that part'of the well being tested per 1OO feet of depth, the plumbness ~nd alignment of the well shall De corrected Oy the Contractor at own expense. ~hould the Contractor fail to correct such faulty alignment or plumbness, the Engineer may refuse to accept the well. The E.ngineer may waive the requirements of this paragraph if in his judgment: (a) the Contractor has exercised all possible care in construction the well and the defect is due to circumstances beyond, his control; (b) the utility of the completed well will not be materially affected. 1.11 WELL DEVELOPED The Contractor shall furnish all necessary pumps, compressors, plungers, bailers or other needed equipment, and shall develop the well by such approved methods as shall be necessary to give the maximum yield of water per foot of drawdown and extract from the water-bearing formation the maximum practical quantity of sand as may, during the life of the well, 'be drawn through the screen when the well is pumped under maximum conditions of drawdown. The well, upon completion of development, shall be substantially free from sand and until the turbidity is less than 5 mg/1. 1.12 TEST PUMPING After completion of the well, the Contractor shall, furnish and install a standard engine-driven deep well turbine-type test pump, capable of delivering not less than 750 gallons per minute. All labor and equipment required during the process of such tests shall be furnished by the Contractor. The testing equipment shall include a drawdown gage and a calibrated orifice of sufficient size to determine the correct rate of pumping. When a screen has been set in its final position, the well shall be properly developed 'by pumping and surging with plunger and jetting with water until definite indications snow that none of the surrounding sand will enter and clog the screen, if the well were being pumped at a rate causing not less than a 50 percent drawdown. After the well has been fully developed, the screen shall be cleaned and a final test made with a duration of test of not less than twelve (12) hours of continuous pumping of sand-free water. This test shall decide the rate of flow, maximum drawdown, and the probable per~nanency of yield. All tests shall be conducted while the pumping equipment is being operated at capacity unless otherwise directed, and snail continue for any length of time as ordered. The Engineer shall be Kept informed of all preliminary tests and under no conditions shall a final test of the well be made until the Contractor has received proper notification from the Engineer. Upon completion of the final test, the Contractor shall dismantle the test pump and connections and the well shall be properly capped, ready for the installation of the permanent pump at a later date. TS-b The cost off the £'[nal test on the well s~tal[ be included in the item bid. '['rte cost o£' ali additional tests ma~ie s[~all be paid for by the Owne£ at the same rate as stated in the Contractor's proposal. 1 · 15 DISI~FECTi¢)N At the completion of the work, and beI'or~ Z'inal acceptance by the Owner and .Engineer, the new well shall be entire±y sterilized in accordance with the procedure recommended by the ~innesota State Department of Health. 1.14 WELL SCREEN The Contractor shall furnish and install a nominal 12-inch well screen. The screen shall be entirely fabricated of Everdur metal and be of the type as manufactured by the Johnson Well Screen Company, or approved equal. The design o£ the screen to be used in this work shall produce the maximum area, together wit~ the necessary slot sizes and fittings whi~:.,have been predetermined after the Contractor has submitted to the Engineer a 10 pound sample o£ the material which has been taken from eac five fleet o£ depth o£ the water-bearing formation. The slot openings for the screen shall be determined by 6he Engineer, based on the manufacturer's recommendations. Length o£ screen shall be determined by the Engineer, and shall be furnished and installed complete with the necessary attachments and fittings by this Contractor. Payment shall be 'based only upon the actual amount of screen which has been installed. T~e screen shall.be installed in the best manner off workmanship. The screen shall be accurately centered in the hole by means off guide rings attached to the screen. The Contractor, in his proposal, shall state the cost of £urnisaing and installing a nominal 12-inch diameter screen. TB-b CrTY OF HOUHD, MINNESOTA E.A. H~KOK & A~IATES Feb. 1982 HY~OL~ISTS ' LOC~_T i ON ~aP ~INNE APHIS - ~IN~TA 1 ,,10~~~~~~ ~1~ - : ..... o, .... ,,,.,, .... "' ~ ~ ~~F ,,,, ~I .,,,.,.~ ~1~ ~I .,, ~ .... ,.,.~.. ~..... '- "- I' ~-' ,,, ~ , .... 0.011 ~[ ~, .... ~~ - ~L .0., J~ .~ '~ ..,., ~L-~:~~~~-'~'''' ~ .o. .,~ ..... .... c'"'"y,, o~. r~ou,.r ,' .... ...... , ,~,,,,'~'o~'~ E.A. H~KOK & A~IATES ~eb. ,' 982 HY~~ISTS - ~ERS ~,c:,~>:'] o~ ~:~P MI~EAP~iS.MiN~TA Mound City Council 5341Maywood Road Mound, Minnesota 55364 June 1, 1982 Gentlemen: Reference is made to Resolution #81-205 which authorized extention of the time limit requiring that the final plat for Pelican Point be filed by June 26, 1982. While development of this property remains our earnest desire the economic conditions of high interest rates, shortage of available money and severe downturn in the economic climate which have drastically affected the housing industry have made it impossible to proceed with this development at the present time. Therefore, an extension of at least 365 days to the time limit placed on Resolution #81-205 dated June 9, 1981 for our Pelican Point project is hereby requested. Ver~ truly yours, ~alp~r~. Turnq~ist /j~ 322G W. Calhoun ParkWay Minneapolis, Minnesota 55416 2820 TUXEDO BOULEVARD · MOUND, MINNESOTA 55364 · TELEPHONE 473-9693 226 June 9, 1981 Councilmember Swenson moved the .following resolution. RESOLUTION NO. 817205 RESOLUTION AUTHORIZING EXTENSION OF THE TIME LIMIT OF ~ESOLUTION 80-238 TO JUNE 26, 1982 WHEREAS, R~solution 79-251 required the final'plat for Pelican Point be filed within 365 days, and WHEREAS, the final p'lat was not filed within 365 days of the adoptio'n date of the Resolution 79-251 as specified or approva! would be null and void, and WHEREAS, Resolution 79-251'was amended by Resolution 80-238 requiring the final plat for Pelican Point to be filed within 730 days after the adoption of Resolution 79-251 dated 6-26-79, and WHEREAS, the final plat was not filed within 730 days of the adoption date of the Resolution 79-251 as specified or approval would be null and void as specified in Resolution 80-238. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL.OF THE CITY OF MOUND, MOUND, MINNESOTA: ; That Council doe~ hereby extend the~time iimit of Resoiuti6n 80-238 by requiring that the final plat for Pelican Point be filed by June 26, 1982. A motion for the adoption of the foregoing resolution was duly seconded by 'Co6~cilmember Polston and upon vote being taken thereon; the following voted in favor thereof; Charon, Polston, Swenson and Lind~an, 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. ty Clerk CMC MINUTES OF THE JUNE 10, 1982 MOUND ADVISORY PARK COMMISSION MEETING Present: Co-Chair Cathy Bailey and Cheryl Burns; Commissioners Delores Maas, · Andy Gearhart., Lowell Swenson and Toni Case; Park Director Chris Bollis and Secretary Marge Stutsman. Council Representative Pinky Charon and Commissioner Phyllis Jessen were absent and excused. Chair Cathy Bailey opened the meeting. Steps down to Commons frOm"Canary Lane Mr. & Mrs. Robert Dybing, Mr. & Mrs. Tod Holmberg, Mi'tchell Erickson, Mark Richard- son, Tim and Nora Harrell and Leo Bullock:were present regarding steps down to the Commons'from Canary Lane on Harrison Bay.; The Park Director explained that he has had a request from ~he area residents for a stairway to Wiota Commons from Canary Lane. The present stairway on the Commons in front of Dybing's residence.was erected by a former resident and now is in hazardous condition. The bank is steep and there is erosion of the soil. The residents present asked the City to install the stairway; no way to get down to lake except.sliding or going through someone's yard; clay sol!--gets very slip- pery. Discussed. Park Director thought perhaps there might be some funds in the capital outlay fund. The residents present agreed to remove the preseRt stairway if the City put in a new stairway." Gearhart moved and Maas seconded a. motion to recommend that the City of Mound construct a'.new'stalrway'at the end of south.Canary Lane for the obvious reason of safety and for the use of the.neighborhood residen~ that have the right to use the dedicated Commons; based on the final approval of the City Council and. on the recommendation of the City Manager. Major reason for the motion is that there Ps no other stairway access on Wiota Commons within 4 blocks. The vote on the motion was unanimously In favor. Note: Residents asked to be notified of the Council meeting when this will be heard. BILLS ..... JUNE 22,']982 Arcon Construction Applebaums Assn of Metrop Munic Acro Minnesota Badger Meter Ben Franklin Blackowiak & Son F.H. Bathke Janet Bert rand Holly Bost rom Robert Cheney Bill Clark Standard Coast to Coast Continental Tele Fran Clark Carver County News Chapin Publishing Cy's Mens Wear Donnies on the Lake Davies Water Equip Dictaphone Ecklund Refrigeration Educational Aids Jon Elam Nick Gronberg Gopher Sign Co. Henn Co. Dir Prop Tax Henn Co. Finance Henn Co. Treas. Eugene Hickok & Assoc Henn Co. Sheriffs Dept Robert E. Johnson Internal Revenue Internatl Inst. Munic Clerks Richard W. Johnson Kromer Co. Kelley & Kelley, Inc. League of MN Cities J.H. Larson Electric The Laker Doris Lepsch Lutz Tree Service Lake Mtka Conserv Distr. City of Mound MN Park Superv. Assn Metro Waste Control City of Minnetrista MS Print McCombs-Knutson 592.40 '32.69 1,383.00 69.13 176.17 9.14 24.00 13.80 58.5O 153.OO 334.O0 3,265.07 1OO.O4 1,110.99 39.85 7.OO 25.08 309.91 135.OO 3,O74.55 55.99 222.45 119.98 12.64 310.00 58.O8 1,745.58 20.00 1,545.OO 858.OO 393.75 41.36 54.OO 45.OO 3.OO 8.40 200.00 58.5O 525 OO 183 9O 45 O0 3,535 OO 1,998 5O 22 30 15 OO 1,262 25 396 OO 224 49 6,390.O0 Metro Waste Control M i n negasco Mound Fire Dept Mound Medical Clinic Wm Mueller & Sons Jackie Meyer City of Mound Metro Fone Mid Central Fire M inn Comm Mound Explorers Martins Navarre 66 N.W. Bel 1 Navarre Hdwe N.S.P. Planning & Develop. Serv Precision Striping Recreon ics Corp Reo Raj Kennels Don Rother Nels Schernau Spring Park Car Wash State of MN Documents Sno Pros Thurk Bros. Chev Unitog Veterinary Diagn Lab Westonka Sanitation Westonka chamber Commerc Waconia Emerg. Physn Xerox, I nc Xerox, Inc. Ziegler, /nc. Griggs, Cooper Johnson Bros. Liq MN Distillers Old Peoria Ed Phillips TOTAL BI LLS 19,277.27 115.92 .6,182.55 18.75 5,437.73 25.33 97.33 225.00 104.40 28.20 27.O0 54.OO 60.30 216.26 7,584.92 1,225.OO 414.00 188.75 291.OO 42.46 9.24 77.5O 2.10 lO5.OO 213.77 264.80 15.oo 5,452.50 20.00 28.50 " 82.72 1,546.39 87.74 2,136.13 4,374.89 1,132.90 1,318.84 1,264.91 91,011.89 01 parkdale drive ~ st. louis park, minnesota[ 55416I telephone 546-2334 June 7, 1982 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mr. Elam: A few months ago we informed mayors and managers/administrators that the Suburban Public Health Nursing Service and Visiting Nurse Service of Minneapolis were exploring the possibility of some joint marketing and some joint programming. This was being done in effort to minimize service reduction in the face of diminishing financial support from public sources and in effort to present a stronger united front in the face of rapidly growing numbers of for profit and not for profit home care agencies. A joint task force was appointed and charged with responsibility for study and recommendations for future combined efforts, including the possibility of merger° A consultant was engaged to review agency structures and to identify and oversee any steps needed in the trans- action of organizational change. The Suburban Public Health Nursing Service has been a part of your community for many years. Its Board of Directors has scheduled a meeting to share with you information ~about the changing market place, the funding environment and task force recommendations. Please meet with us on Thursday, June 24, 1982, 8 p.mo at the Golden V~lley City Hall. Sincerely, Josehpine D. Nunn, President Board of Directors supported by tax Funds from municipalities of suburban henne~in county & the united way 3une 1, 1982 McCOMBS-KNUTSON ASSOCIATES, I.NC. CONSULTING ENGINEERS ii LAND SURVEYORS II PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Tim Albers Hardrives, Inc. 7200 Hemlock Lane North Maple Grove, MN 55369 Subject: Mound, Minnesota 1981 Street Project File #5387 Dear Tim: We have reviewed the 1981 Street Projects this week and have found the following items yet to be completed. Some of these are from the punch list from late last fall and were not able to be completed before freeze-up. Three Points problems are as follows: 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Gas hut apron badly spalled - remove and replace. Sod above apron at 5470 Three Points Boulevard. Patch hole in bituminous N.E, radius Avocet. Remove and replace settled bituminous behind aprons at Three Points Tavern and Drews Electric. Patch settlement around G.V. at Finch south side. Fill and sod around bus shelter at Three Points and Gull. Finish installing no parking signs. 5049 & 5057 - repair sod in front of walls (Mickman drove on it). Dump 1 load of black dirt in low front yard at 5016 Three Points. Grade and sod behind sidewalk S.E. corner Three Points & Sumach. Remove and replace bituminous settlement across from wheelchair ramp on S.E. corner Three Points & Sumach. Remove Oituminous stockpile from vacant property on Oennings and restore to original condition. Remove and replace curb and gutter as marked on Oennings. Remove and replace settled bituminous around G.V. at N.E. corner Three Points & Dove. There are also 65 dead trees and 22 more that are marginal on Three Points Boulevard. Minneapolis- Hutchinson - Alexandria - Eagan printed on recycled paper Mr. Tim Albers Oune l, 1982 Rage Two On Tuxedo Boulevard, we have had Twin City Testing out to determine the cause of the wear course flaking off and leaving so much aggregate exposed. We are waiting for their recommendations at this time. Other items to be cleaned up out there are as follows: Sod around N.H. behind curb and gutter at Brighton Commons. Grade and rip rap wash out around flared end section across from Brighton Commons. Remove and replace driveway at 5042 Tuxedo. Wear course peeled off at 5066, 5072, 5073, 5117, and 5134 Tuxedo. Install baffle in catch basin N.H. just north of Sulgrove on east side Tuxedo. Nineteen dead trees. We would appreciate these problems being cleaned up by July 1, 1982. Sincerely, MoCOMBS-KNUTSON ASSOCIATES, INC. OAC: lar cc: Jori Elam WATERSHED DISTRICT BOARD OF MANAGERS: David H. Cochran, Pres. · Albert L. Lehman · James S. Russetl · ~ohn E. Thomas · Barbara Gudmundson June 4, 1982 Dear Interested Citizen: At the May 20, 1982, meeting of the Minnehaha Creek Watershed District, no action was taken on revisions to the Headwaters Control Structure Management Plan because the Board of Managers had not yet met with all groups who had expressed an interest. It was suggested that the topic might be considered at the June meeting. The Board later learned, however, that the District's principal engineering advisor will be unavailable for that meeting, as well as at least one manager, making it very difficult for the Board to discuss the issue without their presence. Therefore, deliberation of the management plan revisions is now being scheduled for the July 15 meeting. Members of the Board of Managers will make every effort to meet with the remaining parties who have expressed an interest and be prepared to consider the matter at that meeting. If you have any questions, please'feel free to contact us. Very truly yours, David H. Cochran President DHC/mb State Bank of MOUND OFFICES AT SPRING PARK · MOUND MOUND, MINNESOTA 55364 April 26, 1982 Mr. John Elam City of Mound 5341 Maywood Road .Mound, MN 55364 Dear Mr. Elam: We have reviewed your draft of the R~volving Loan Program which was discussed on Friday, April 16th. We feel that under #1 the bank will set a $100,000.00 loan program to start with to support up to twenty-five seperate loans at prime rate with a maxim~ of five year repayment program. This would allow each business up to $4,000.00. If the City of Mound pays the difference between the 12% and the prime rate at the time the loan is closed, it should work as a positive program. In the past week I have talked to three different commmities that have in the last several years had a main street development program. Hopefully, we have picked up soma do's and don'ts. Should the need arise where the $100,000.00 loan program is not sufficient to support all the requestes, wewill be happy to review the dollar amount. Please feel free to call on ma at any time. Sincerely, STATE BANK OF FDUND Frank W. Hancuch, President cc: Mr. Paul Pond cc: Mr. Jerry Longpre SERVING THE WESTONKA AREA SINCE ~909 FACILITY Hain Post Office U. S. POSTALSERVICE . j DATE ADVERTISEMENT FOR BIDS FOR SPACE I June ILOCATION (City, State cod z,rP Code) Mound, MN 55470 1. Bids will be received in the office of Robert Vogel, Branch Mana.Q. er, Field. Real Estate & (No,me and Title) Office, PO Box 69069, St. Paul, MN 55169-0069 9, 1982 Buildings NOT LATER THAN JUNE 23 (Address--P.O. J~ox, City, State and ZIP Code) 19 82 , to furnish space for postal purposes to be located within the following general area: 2. The approximate areas indicated below are desired: ENCLOSED NET I DRIVEWAY, PARKING AN1 PLATFORM I SPACE (Sq. Ft.) MANEUVERING (Sq. Fl.) (Sq. Ft.) 4800 19,000 / 350 3. Bidders shall specify annual rental for a basic lease term of 5 One - 5-year option OTHER AREAS (Specify item cod square feet) years, with separate and consecutive renewal options as follows: 4o 10. PS Form ~,lay 1975 Bidders must submit with the bid a plot plan showing land location and dimensions, and location of buildings thereon, drlv. eways and parking areas, abutting streets and alleys and widths thareof together with a floor plan of the interior space offered, showing dimensions, offsets, doprs, windows, partitions, ceiling heights, columns, and other pertinent information. ~] Bids offering existing sp~ce only will be eligible for consideration. Bidders may offer eithefexisting space, space to be modified, or facilities to be constructed. A correct legal description of the entire ground area offered must accompany the bid. Bidders ere urged to submit photographs of their property and its surroundings. If new construction or major remodeling is proposed, specifications, including a finish schedule, and a drawing of the proposed front elevation shall accompany the bid. If an existing building or space in an existing building is offered, photo- graphs of the existing front elevation shall accompany the bid. ANY AWARD MADE UNDER THIS ADVERTISEMENT WILL BE MADE TO THAT RESPONSIBLE BIDDER WHOSE BID IS MOST ADVANTAGEOUS TO THE POSTAL SERVICE, PRICE AND OTHER FACTORS CONSIDERED. IMPORTANT FACTORS INCLUDE, BUT ARE NOT LIMITED TO, LOCATION, GOOD DAYLIGHT AND VENTILATION, ACCESSIBILITY FOR PATRONS, ACCESSIBILITY TO MAIL LOADING AREAS FOR POSTAL VEHICLES, SERVICE CONSIDERATIONS, AND OVERALL OPERATING COSTS. THE POSTAL SERVICE RESERVES THE RIGHT TO NEGOTIATE WITH BIDDERS FOR BE~ER TERMS, CLARIFICATION OF AMBIGUITIES, MODIFICATION, OR OTHER CHANGES; TO SECURE OFFERS ON SUITABLE PROPERTIES IN ADDITION TO THOSE OFFERED INITIALLY IN RESPONSE TO THIS INVITATION; AND/OR TO REJECT ANY AND ALL RIDS. THIS IS NOT A SEALED BID ADVERTISEMENT AND OFFERS WILL NOT BE PUBLICLY OPENED. INFORMATION AS TO THE NUMBER OF OFFERS RECEIVED, THE IDENTITY OF OFFERORS OR THE PROPERTIES OFFERED WILL NOT BE MADE AVAILABLE 'ro ANYONE WHOSE OFFICIAL POSTAL DUTIES DO NOT REQUIRE SUCH KNOWLEDGE. Each bidder shall submit with his bid a completed Form 7413, Lease Bidder's Qualifications; failure to furnish the required information concerning qualifications may be cause for rejection of the bid. ~ No bid guarantee is required. ~ Bid ~uarantee is required. The bid guarantee must be submitted before bid opening in the form of either (1) a Bid Bond Form 7414-C, io a penal amount equal to the annual rental rate, as bid, for the basic lease term, or a certified or cashi equal to the annual rental rate, as bid, for the basic lease term, accompanied by Form 7403, Bid SecuriW, Ce~ der's Check. ~ ~o performance bond will be required. 0 The successful bidder shall submit, within 20days after acceptance of his biO,~f~a~.~ ~ond (ConstruedW o~m 7414-D, a corporatff sureW certified as acceptable by the Treasury Department, in ~ _ tim~s the annual renta~ rate, as bid, of the basic lease term. Page 1 of 2 I 1. ~] IN3 L~bo: and Materi~i Payment Bond will be required. · '--: The succe~;ful bidder shall submit, within 20 days after acceptance of his bid, a Labor and Material P~yment Bond {Construction] on Fo,m 7414.E, with a corporate sureW certified as acceptable by the Treasury Department, in a penal sum based on the required penal sum of the Per'o,mance Bond. If the required penal amount of the Performance Bond is not more than Sl,OOO,OOO the Labor and Material Pay- men~ B~nc sn~ll be in a p6nal amount which is 50% of the p6nal amount of {he Performance Bond; if the required pen~l amount of the Performance Bond is mo-e than SI,000,CO0 but not more than S5~000,000, the Labor and Material Payment Bond shah be in a penal amoun~ .,,5ich is 40~ of the p~nat amount cf the Performance Bond; if the required penal amount of the Performance Bond is more than S5,000..300. ;h~ Labor snO Matgrigl Payment Bond shall be in the pena~ amount of S2,500,000. 12. The Postal Service shall have the right to require the bidder to furnish a Performance 9ond on Form 7414-Dand a Labor and Materlal Paymen: Bond on Form 7414-E, with surety certified as acceptable by the Treasu~ Department, in such penal sumsas the Contracting Officer may re ~ire. If required to furnish such bonds, the bidder shall furnish, within 30 days after the request, written assurance by the surety that th~ required bonds will be issued. The bidder's failure to furnish such assurance within 30 days shall be grounds for rejection of ~h~ bid. 13. 14. 15. 16. i7. Bidders ~,e cautioned as foiIo;¥s: By signing hi~ bid, the bidder will be deemed to have signed and agreed to the provisions of the °'Certlf:ca:ion of Nonsegregated Facilities" in this solicitation, The certification provides that the bidder does not maintain or provide for his emp,oyees facilities which are segregated on a basis of race, creed, co"or, or national origin, whether such facillties ere segregated by direct~.:, or on a de facto basis. The ce,tification also provides that he wii! not maintain such segregated [acilities. Fsilure of: a bidder to agree to, th~ Ce:?.ifica,.ion of ;~cnsa?egated Facilities will render his bid nonresp~nsive to the terms of solicitations involvln9 awards of contract~ exceedL~ S10,009 which are not exempt from the provisions of the Equa~ Opportunity clause. Each b:d~. shallcomplete, and submit with his bid, a Form 7319-B, Representations and Certifications. Each b.:dder shatl state, in his bid, whether or not the premises offered are mortgaged and shall, if required after bid opening, furnish a' Forms 7450, Mortgagee's Agreement, completed and executed by the mortgagee. Gove-nment "penalty" envelopes may no~ be used for mailing bids without proper postage affixed thereto. Additional requirements incorporated in, and made a part of this Invitation for Bids, are: Property offered for lease in bids submitted under this advertisement must be properly zoned tO permit use of same for a post offfice facility or capable of being rezoned fog'such use without delay of remodeling and occupancy of the proposed facility. The successful bidder shall be responsible for all actibn necessary to obtain proper zoning. Bid packages/plans are not available; please send the undersigned a letter describing the space available, location (street address & legal description), floor plan, site plan, photograph and the approximate rental price on an "as is" basis, including provisions for utility charges. !8. Add;tioq-~! requirements, the lease form,, riders, the representations and c¢;tificatlons form, bond forms and addiUonal information may be obtained from: R. W. VAN SICKLE Real Estate Specialist Field Real Estate & Buildings Office P. O. Box 69069 St. Paul, MN 55169-0069 612-725-7385 TITLE ROBERT VOGEL Contracting Officer Page 2 of 2 PUBLIC AFFAIRS DEPARTMENT Mr. Gary D.-Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, ~ 55350 76 East Fifth S,reet Paul, Minnesota 55101 Telephone (612) 298-7665 ~une ~, 1982 Dear Mr. Plotz: This is in response to your inquiry as to the classification of the Hutchinson branch line. Our 1982 System Diagram Map will be released in about three weeks. At that time, I would suggest you contact me so we can. review the future of this line. ~~, ~/Sincire lY, Dennis W~/ McLeod Director, Branch Line Management LAKE 402 EAST LAKE STREET MINNETONKA CONSERVATION DISTRIC] WAYZATA, MINNESOTA 55391 TELEPHONE 6121473-7033 FRANK MIXA, EXECUTIVE DIRECTOR BOARD MEMBERS June 7, 1982 Rol~ert Tlpton Brown, Chairman Greenwood Frank FI. Hunt, Jr., Vice Chairman Spring Park Robert P. Fiasco¢), Secretary Shorewood Edward G. Bauman. Treasurer Tonka Bay Alan Fasching Minnetrista Orval R, Fenstad Mound Fiichard J. Gacwood Deephaven Jo Ellen Hurt Orono Lois C. Johnson Minnetonka Beach M. Jerry Johnson Excelsior Robert S. MacNemara Wayzata Robert K. Pillsbury Minnetonka Robert E. Slocum Woodland Fiichard J. Soderberg Victoria Mr. J. E. Regan 5334 Piper Road Mound, MN 55364 Dear Mr. Regan: In reply to your letter of May 28 to the City of Mound regarding motorized racing on the Lake, you will be happy to know that motorized vehicle races have been prohibited by LMCD ordinance since October, 1980. A copy of the pertinent Code Sections 4.01, 4.151 and 4.40 are enclosed. If a violation exists, please contact the Hennepin County Sheriff's Water Patrol. Your interest in our Save the Lake program is appreciated. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Executive Director FM:jm gnc. ' cc: City of Mound/ Sheriff's Water Patrol Orval R. Fenstad PARK RESERVES BAKER CARVER CROW-HASSAN ELM CREEK HYLAND LAKE LAKE REBECCA MURPHY-HANREHAN* REGIONAL PARKS CLEARY LAKE' COON RAPIDS DAM EAGLE LAKE RSH LAKE JAMES W. WiLKIE* MEDICINE LAKE SPRING LAKE' SPECIAL USE AREAS BAKER PARK GOLF COURSE CLEARY LAKE GOLF COURSE* HYLAND HILLS SKI AREA NOERENBERG MEMORIAL TRAIL CORRIDORS NORTH HENNEPIN TRAIL AER PARKS TASSO ISLAND GOOSE CHASE ISLAND 'SCOTT-HENNEPtN PARK AUTHORITY BOARD OF COMMISSIONERS WILLIAM BARBEAU CHAIR MINNEAPOLIS WILLIAM E. GENTRY VICE CHAIR NEW HOPE JUDITH S. ANDERSON BLOOMINGTON SHIRLEY A. BONINE MAPLE PLAIN PHYLLIS CRIMMINS MINNEAPOLIS AMELIA M. DeMUSE MINNEAPOLIS CHARLES R. PIHL ORONO MALCOLM D. REID SHOREWOOD DONALD C, RINGHAM MINNEAPOLIS RAYMOND N. SEAGREN MINNEAPOLIS ANNE-MARIE SOLENSKY MINNEAPOLIS E. FRENCH SUPERINTENDENT & SECRETARY TO THE BOARD Hennepin County Park Reserve Bistrict 3800 County Road 24 · Maple Plain, Minnesota 55359 · Telephone 612'-473-4693 June 8, 1982 Mr. Leonard L. Kopp, City Manager 534] Maywood Road Mound, MN 55364 Dear Mr. Kopp: Pursuant to Minnesota Statutes, Chapter 288, effective January I, 1983, the Board of Commissioners of the Hennepin County Park Reserve District will consist of seven members rather than eleven, as it is now constituted. Under this new structure, three members will be appointed by the Minnea- polis Park and Recreation Board from among its membership. Four will be elected from Commissioner districts, equal in population, comprising the territory of Hennepin County out- side the City of Minneapolis. On June 3, 1982, the Board of Commissioners of the Hennepin County Park Reserve District adopted a new redistricting plan, in accordance with Minnesota Statutes, Chapter 288, and u~ilizing 1980 U.S. Census figures. Enclosed is a copy of the adopted plan for your information and use. If you have any questions regarding the plan or its implementation, please feel free to call Marilyn Egerdal, Administrative Assistant in my office, at 473-4693. Sincerely, Clif[on E. French Superintendent and Secretary to the Board MCE:ghd Enc]. -REC,~EATIO ~ROW'~ ',HASSAN MEOINA PARK'".' '- ~. ORONO PLY/~'OUTH GaOVE MAP OF HENNEPII J COUNT -- CREEK PAR'K COON RAPIDS "DAM REGIONAL PARK. · BROOKLYN DISTRICT 1ST 2ND 3RD 4TH /S.OR~ CARVER PARK RESERVE POPULATION 142,379 143,375 1 43,299 141 ,407 '3 0 0 ' a.¥~: JAMES W. WILKIE REGIONAL PARK b A.THOHAS WURST GERALD t. CARROLL CURTIS A. PEARSON THOMAS F. UNDERWOOD ALBERT FAULCONER ]3Z JAt4ES D. LARSON law OFFICES WURST, CARROLL & PEARSON I100 FIRST SANK PLACE WESt MINNEAPOLIS, MINNESOTA 55402 June 10, 1982 TELEPHONE (61;~) 338-8911 Mr. Jon Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Anti-trust Dear Jon: On the slim chance that you might not read the articl~ in the latest League of Minnesota Cities magazine on anti-trust, I am enclosing a copy of that article. I believe it extremely important that it be read and reviewed by each of the department heads and, hopefully, by the members of the council. I agree completely with the league lawyer who indicates that we must have a "mindset" regarding anti-trust actions just as we do currently for anti-discrimination matters. It should be on our mental checklist so that it is considered before acting or speaking on city business. I am aware that the council is inundated with materials, but if they would just become aware of the problem, we will try to call to their attention the various pitfalls as they arise. Very truly~ours, City Attorney CAP:ir Enclosure aspects of purchasing, franchising, licensing, land use, utility service decisions and a host of' other regulatory and proprietary activities. Federal anti-trust laws include the Sherman and Clayton Acts and forbid agreements, combinations and con- spiracies in restraint of trade, in- cluding such things as price fixing, division of markets and boycotts. The act also limits attempts to monopolize and predatory pricing. Reasonable conduct may in the future be held to provide a defense to claims of alleged violations but since reasonableness is likely to be a jury question, considerable uncer- tainty and therefore expense could attend each case. Prior to City of Lafayette v. Loui- siana Power and Light Co., 435 U.S. 389 (1978) (no exemption from anti- trust suits for city proprietary actions) cities considered themselves exempt from federal anti-trust actions. Prior to Community Communications Company v. City of Boulder, 102 S.Ct. 835 (1982) (see Court Decisions in Minnesota Cities, May, 1982) most anti-trust experts assumed that cities were clothed with the exemption of the states established in Parker v. Brown, 317 U.S. 341 (1943) for ac- tions of a regulatory nature. ~ most mayors and council members rai.~d the~2_.s_sibilit~, o(.~m_uni_cip~al and even most city attorneys, liabJlit~whe~he_rth.~_actEv3ty~_sl)~ro- However, in order to minimize the . ~orieG.ry or governraeptal: _2}.insi_cle or potential financial drain from anti- 0iJ~side c:6rporate limits; 3),arguably trust litigation, city officiab will now ma-n:d~,'ted by ~6~.e_""diffu~e 6r ]es~ need to keep in mind the potential t?n,. specific St~t-e-_p?i_cy:TNow cities the~re is 1) 'a clearly articulated~and_ affirmatively expressed state policy_" '"a[rC'ctin_~ [or ar_~uably authorizing) t~e city tO displace cOmpetition with -r~gulati0n 0r m0n0p01~ se}~ike:' 2) V~ia ct~t~Jnt~r~t ~ free market; 3~ ~five supe~isiq~ of_ ~ regulated or monopoly activity ~h~ther th~[ active state supervision c~n be largely Ioca w~ for example, a requirement to fear"to a state agency is an open q~ '" Until the law' is clarified and municipal practice is modified to ac- commodate the new free market climate ~rff are li~v to be sub,tan- rial numbers of anti-truSt ~bits~ ma~ ~ore threats 0f-su~:-~ publ~ mOney ~x~ended reviewing ~_dde~ing anti-trust c~im~ c~~~scrim~natioa mindset, sidera~o~s ~fore actin~ and bede even speaEm~ on c~ty busmefs. ~ey Iy through channels (i.e. formal meetings) and keep a well documented record through minutes, formal findingS, resolutions, etc., se~in~ out exactty what was done and why. Officials will soon get a feel for the subje~s which are dangerous and why. Most cities will find it prudent to go luther, affir- matively invento~ing their current and future problem areas and · MUNICIPAL TANK AND TOWER Co. NEW RISERS Box 248, Sioux Falls, So. Dak. 57101 PHONE 605-743-5425 WELDING NEW ROOFS SANDBLASTING BOARD OF HEALTH AND AWWA APPROVED INTERIOR COATINGS INSULATED FROST JACKETS OF DOUBLE METAL CONSTRUCTION BONDED , MEMBER AMERICAN WATER WORKS ASSOCIATION TWENTY-FOUR HOUR EMERGENCY. SERVICE PAINTING NEW SHELLS INSURED 22 MINNESOTA CITIES i establishing a compliance program. Somepositive steps might?clude: or quotes even when ti~-eia-w do~6't requ~r-e-it. ~,void use 0f veh-~or-F't'~rL Avoid purchasing from vendors in deci~,ion rnaker-~i'n t'Ee'pu'~c~fia~ifig prc~cess has an ~t~ere.~t. f~mmunications wit]~ .suppliers. Don't accept gifts fro~, 2) PI~ 'Z(~n,~'~'g~, Development and Redevelopment. Cie r.~.~____~et out the. goverh~ental ob- jectives to be achieved. Be SG?e~h~y are ~-6'fTh-'-~e trouble regulating. Limit your city in- terf~'e~-~i[g" c'esses to th~ I~;;~~TO~n~ governmental and planning objec- tive~/6on'~ ~Ji0~=iE~-~-eiEi~l'in- teres]s ~ei~g feg~~n~o~led to~~uence your ~lan- ni6g c o m m ~~t~}~'&~ o ry b~~~°rmai ap- plication pebtib6igg ~-[~Stimony proCess. 'M~ke a Ci~aE~e-~brd ~f all c~ ~ti°ns"~nd~E~ reasons for those Bus~~oid tying (conditioning the sa e of on' ~ p~~.,"~ater, on the sale of another like elecTfi~:'itry).''- AVoTd "-6~ ~'~asdnable p r i ce-~-c-r i m i n at i o n-~'g'&'-~$ ~'~ f_u.! ..to j~~'t rate for'a'sers out- s,'-d'~h~~A~,oid sh'ar~ litigation to w_eake~0 competitors. Avoid bond co~i'[:'E' ~'~.m-i?~' ~'o 'k~p ofit coml~&~i[0r~i" 4) Licensing and R~~-Ti:e a t '-~-p'pl ic-a-n t s, evenhandedly, affording ~33a'~ly~ there'-should' be desirable actiyi~y will .~gt. g0 :~o~rd W~'~0Ut the protection of an ex- clu~iv~franchise, or ihat th&-adtiVity by~ nature will'become a ~onop0- ly~hich n~-a] com~i[i~~ ffree mark~g ' ~i][ ngC~igffifiegfi'tly i~'p~cL In these cases,"mgulation the only realisti~-co'nfrol/~[~, may or ~-this~ategory. It is a~ly not an ~: ~:~e so ~ technological _developments may qT~t ........ i~s ..... ~°n°- ~ly powers. Don't 'unreasonably regt'ri~T licensed, fran~i~d~or regaled business. ~'~.- Since b~eaffyb~iculated and affir- matively expressed decision of the state to supplant..~hi~t~ regulation is a defense, cities may want to look for or attempt to secure state legislation directing any action that is clearly going to raise anti-trust questions. No doubt clear state legislation will be difficult to secure in most cases because the parties to be regulated will lobby the legislature also. Furthermore, once the state directs and supervises, a significant measure of local sovereignty has been surrendered. There is hope for federal legislative relief and this route may provide cities with their best opportunity to avoid large anti-trust efforts and ex- penditures. However, no federal el- fort can be successful without a substantial campaign by local of- ficials to modify the current law. Communicate with your congres- sional representatives about city anti- trust problems. A further discussion of anti-trust problems and strategies will be presented at the .League of Min- nesota Cities Convention in Rochester on Friday, June 18, at 2:30 at the Holiday Inn at the annual meeting of the Minnesota Associa- tion of City Attorneys. Non-attorneys are invited to sit in if they are in- terested. FIRE-POLICE-MUNICIPAL & HOSPITAL FETY EQUIPMENT Fixec~ Extinguishment Systems: Halon - CO~ - Dry Chemical HOSE - Fire, Municipal Sewe~ & Skating Rink · BADGES - Fire-Police-CD EXTINGUISHERS - Portable and Fixed PLECTRON Encoders, Decod- ers, Monitocs and Pagers MINNESOTA FIRE, INC. 2476 UNIVERSITY AVE. ST. PAUL, MINNESOTA 55114 612-646-1374 Contact HAROLD BARTHOLOW- CONSULTANT June 1962 23 PLANNING AND DEVELOPMENT SERVICES,. INQ 529 South Seventh Street Suite 535 Minneapol'i~, MN 55415 612.332-4166 N E MO RAN D UM TO: FROM: DATE: SUBJECT: Mound Downtown Advisory Committee Rob Chelseth, City Planner 4 June 1982 Policies and Procedures for Administration of Downtown Commercial Building Rehab Loan Program. At this time the Committee is rapidly working toward the completion of plans for physical improvements to the downtown. The next phase of this process will be.turning these paper plans in "bricks and motar" reality. To accomplish this, the City has targeted a.total of $45,000 toward rehabilitation work financing and design services. The following guide has been drafted suggesting a means and methodology for distributing these funds. Please take a few minutes to study the proposed process, and imagine how it will function in downtown Mound. Given our objective of soliciting loan applications this summer, it is important we review these procedures and advance them on t~ the City Council for approval as soon as possible. Therefore if time permits, you may wish to discuss them at our next meeti'ng. klw MOUND CBD COMMERCIAL BUILDING REHAB LOAN PROGRAM The purpose of this program is to provide financing at attractive interest rates to stimulate the rehabilitation of commercial buildings in downtown Mound in response to the new improvement plan. During Year VIII of the Mound Community Development Block Grant (begins July 1st, 1982) the City has budgeted $40,000 for interest subsidies on rehab loans for commercial buildings. This procedure is viewed as the most effective way of bo~h leveraging the available funds, and making the largest amount of money available as quickly as possible. An additional sum of $5,000 will also be made available during Year VIII of the CDBG program to help underwrite design costs incurred during the develop- ment of plans for rehabilitation work. Finally, some administrative funds will be made available to assist in the preparation, rating, review and administra- tion of loans and loan applications. A Commercial Rehab Loan Program The $40,000 in CDBG funds will be used to pay a portion of the interest charged by banks on $100,000 in loan monies. These funds will be loaned by local bank(s) following their standard loan procedures and requirements; however, the loan applicants will~lso submit a separate preliminary loan application tQ a~special downtown loan qualifica- tion review committee, who will evaluate the application in terms of a set of criteria aimed at achieving the objectives of the downtown plan. In summary, the loans will be judged on their fin~n__cj~-mer]t, and the extent to which they reflect the objectives of th~'downtown revitalizatio Terms of the Loan Discussion with Mound's bank indicate the standard rehabilitation loan for a commercial structure has a five year term, and is available at a fixed interest rate near the current prime lending rate. The State Bank of Mound has agreed to set up a loan pool of $100,000 to initiate the program. At this time, the prime rate is around 17 percent; given $40,000 of interest- subsidy, the CDBG funds would potentially reduce the interest rate by some 12 points, to an effective interest rate of about 5 percent on the loan. The remaining issue deals with the maximum size of individual loa~s. Al- though this will be determined through the loan applicants ability tb secure and repay the loan, a'ceiling should be established to in~ure one ok two large borrowers do not monopolize the funding. A maximum loan of $20,000 is suggested, allowing for the high costs associated with many forms of reha6 construction. Example of Loan Subsidy Operation Standard Loans: $100,000 - 5 years @ 17% Total Monthly Payments = $2,485.26 Total Interest Paid = $49,~15.60 - $40,000.00 (CDBG interest subsidy) $ 9,115.60 (actual interest paid) Special Loans *~$100,000 - 5 years with subsidy: Total Monthly Payments = $1~818.59 Revised interest rate = Less Than 5%. ~ MOUND CBD COMMERCIAL REHAB LOAN APPLICATION AND APPROVAL PROCESS The process begins with the City .Council appointing a CBD Loan Qualification Committee, charged with reviewing loan applications and recommending loans for funding to the City Council. 1. A 60 day application period is set - announcing the amount of commercial loan monies available for the year and application procedures. 2. Property Owner or Lessee (Borrower) contact the City of Hound for information and preapplication screening regarding the Primar~ Eligibility Requirements. The Borrower completes a checklist to determine if the request meets the programs general eligibility requirements, requirements for applicant and property eligibility, and the activities and costs eligible under the program (See Attachment I). 3A. If Borrower fails to meet the Primary Eligibility Requirements, the application process stops. Borrower may appeal to the CBD Loan Qualifica- tion Committee or resubmit a modified proposal. 3B. If all of the Primary Eligibility Requirements are met, the Borrower receives a description of the loan application process, loan application forms and is directed to contact a bank participating in the program. At this i~ime, Borrower may apply for a grant up to $1,000 to be used for design work on building and building site rehabilitation plans. 4. The Borrower submits a .completed loan application form to the CBD Loan Qualification Committee consisting of: e a. Code inspection of structure. b. Project description following objective/subjective ranking criteria. (See Attachment II). c. Initial project plans. d. Total cost estimates. e. Loan amount request. f. Other sources of rehabilitation funding being used on the project. g. Project schedule/completion dates. The CBD Loan Qualification Committee reviews all completed applications on the basis of feasibility and the .established Secondary Objective/Subjective Ranking Criteria. The Committee ranks the applications, recommending the highest:scoring applications for funding. The Mound City Council reviews the Committee's recommendations for loans, and grants'approvals contingent upon the applicant receiving approval from the participating bank providing 100 percent of.the financing required to complete tile re- habilitation project. 6. Following the approvals of the CBD Loan Qualification Committee and Mound City Council, the"highest ranked applicant(s) for Which funds are avail- able submit loan applications to their participating banks for loan ap- proval. The right to decline to participate in any loans on the bas~s o~ credit evaluation,, project feasibility or loan quality standards is reserve~ as a full, undisputed decision of the participating bank. 7. The contacted bank completes its standard loan application review process. 8. Once the Borrower has received approval.for 100 percent of the financing of rehabilitation costs from~the bank, the Borrower enters into an agreement with the bank and City ~f Mound covering the Terms and Conditions under which the loan is to be made. This will include standard pro- visions utilized by the banks participating in the Mound loan rehabilitation program. ~ ATTACHMENT I -. Primary Eligibility Requirements These criteria would insure the applicant,, the property, and the proposed activities ire basically eligible under the CBD Loan Program. For example, is the project in the downtown area, does the person have ownership or ap- proval of the owner, etc. A detailed outline of these primary eligibility requirements follows as Attachment I. Secondary Objective/Subjective Rankin9 Criteria Once it is determined that the applicant basically qualifies, the second question becomes one of how do the applications compare among each other in terms of achieving the downtown plan objectives. Here both objective (quantifiable) and subjective (qualitative) criteria will be considered. At- tachment II presents a starting list of objective/subjective criteria from which the Committee will evaluate applications. PRIMARY ELIGIBILITY REQUIREMENTS FOR LOAN APPLICANTS, THEIR PROPERTY AND PROPOSED ACTIVITIES A. General - A rehabilitation loan may be made only with respect to commercial or mixed residential-commercial use properties located within the Mound Downtown Strategy Area. The applicant must secure approval of the loan through convential sources, and must meet established minimum eligibility requirements. Commercial property shall mean property which is engaged in the sale of goods or services to the general public and/or is an income producing investment. Mixed-use property shall refer to property for which the ground level will be used, after rehabilitation, for commercial purposes, and no more than 50% of 'the building will be used for residential and common space purposes. B. Applicant Eligibilit~ - Loan applicant must: 1. Own the'property under consideration or be the purchaser occupant of. the property under a land sales.£ontract or any similar agreement' Ce De for the purchase of real property. 2. In order for a commercial lessee to be considered for a l~an, he/she must first ~ave the written permission from the owner of the~structure. Property Eligibil'ity - The property must: 1. Be located within the Mound downtown area. 2. Require corrective measures necessary to bring the property up to : city mechanic21 system deviciencies, and/or to upgrade exterior conditions that are detrimental to the downtown environment., and/or new additions or additions to existing structures. Completed improve- ments must also comply with the priority for repairs as set forth by the loan program. 3., Properties must have all delinquent property taxes paid in full and be in conformance with zoning and other city codes. Project Scope Eligibility 1. General - A rehabilitation loan may be made only with respect to property in need of improvement in accordance with the priorities outlined under Allowable Costs, and in line with the priority repairs' as determined by the Loan Qualification Committee'and through consul- tation with the applicant. 2, Allowable Costs - In addition to those costs for rehabilitation neces- sary to make the property conform to the minimum standards of the City of Mound building codes, a rehabilitation loan may also me made to underwrite the following costs. a. Exterior improvements that will protect the property from climatic conditions leading to deterioration and/or will lead to the improve- ment of the appearance of the downtown and esthetic enhancement consistent with adopted downtown plans and design themes. b. Improvements which will increase the overall usefulness of the property for commercial purposes including limited parking, landscaping and the addition of service and delivery entrances in accordance wi~h downtown plans. c. Critical Deficiencies - Remedy a condition within the structure which at the time of inspection is believed to contribute to the overall state of deterioration. d. Long term maintenance; mechanical system deficiencies (heating, plumbing, electrical); and structural deficiencies (roof, foundation, chimney, etc.). Energy conservation measures such as insulation, combination storm windows, etc. Building permits, architectual fees, and related fees as included in the contract with contractors. ATTACHMENT II SECONDARY OBJECTIVE/SUBJECTIVE RANKING CRITERIA The following categories offer both objective and subjective ranking criter'ia. Since objective criteria are normally associated with measurable or quantifiable terms, they have been listed in a group with assigned "points". Subjective or qualitative criteri'a are listed together for comparison purposes'. Objective/Quantifiable Criteria Measurement Criteria To Evaluate Application Financing one point for each thousand dollars five po~gts for each business cooperating in a coordinated application e Commits additional private funds to leverage low interest loan p~ovide Proposes cooperative effort with ad- jacent properties to achieve saving in costs in construction, etc. Public Services one point for three spaces pro- vided one point for each 250 sq ft five points for building con- nections 1. Provision of additional parking 0 Provision of public open spaces Provision of connected or protected pedestrian access to other CBD facilities. three points per job two points per job one point for each ten thousand dollars of estimated increased taxable value Economic -- 1. Number of new jobs created 2. Number of existing jobs retained 3. Estimated increase in taxable value of real property improvements /$?/ Subjective/qualitative Criteria Prioritx High H'igh High. High Downtown Plan Implementation 1. Project retains and/or repairs store.fronts and rears including, windows, sash, doors, transom, sign~ge and' '- decorative features that contribute to the architectual character of the building and downtown. 2. Where existing store fronts are too deteriorated to save, retain the commercial character of the building through designs that are consistent with the scale, materials, color and texture of downtown design plans. 3. In terms of the building site, retain or install plantings, trees, fencing, signs, benches, lighting, walkways, and so forth that follow downtown design themes. - 4. Utilize signage scaled and designed in accordance with downtown plan recommendations. General Community Development 1. Project is proposed as part of an area improvement scheme for a specific block or building group. 2. Project emphasizes retail commercial or service use of floor space. 3. Project will remove or repair deteriorated or underulitized structures. 4. Project will provide improved access between buildings and parking areas. Proposal No: FROM 4,?-~,'w ' Propo'sal Submitted To Work To Be Performed At Name Street Street City City Date of Plans State Architect Telephone Nbmber We h~reby propose to furnish all the materials and perform all the labor necessary for the completion of JJn material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings d specifications submitted for above work and completed in a substantial workmanlike manner: for the sum with payments to be made as follows: Any alteration or deviation {rom above specifications involving extra costs,' will be executed only upon written orders, and will become an extra charge aver and above the estimate. All agreements contingent upon strikes, accidents ar delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by //4') ./k'x~ /~/,~/~/~//'~-,g, ~,. t.'):~--c'c,/'?>~//x,-? c'~ . Note--This proposal may be withdrawn by us if not accepted within ?;C~) days ACCEPTANCE OF PROPOSAL The above prices, specificatlons and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.  ~ccepted. Signature Date Signature TOPS FORM 3450 _ · COLOR SPECIALISTS · CUSTOM MATCHING ~~ CLINfONa GULES ' BRUSH, ROLLER & Dote ~"-- \ , L.__--~."~,e~;:,'~L?~,'~,~ ....:., ,,? '. 4431 DORCHESTER RD · --EST 1966- MOUND Proposal Submitted To Work. To Be Performed At Name C,/.,'". . Uc o,- Stree,._ _ City State City /1,~,-;,,.,,,,.-.~ Date of Plans State /'1'/,"" ' Architect Telephone Number c/7 ,).. -/'.~-~/ We hereby propose to furnish all the materials and perform oil the labor necessary for the completion of · ,_~.[.,~ , ;''¢'~G ', ? %,0,,.?..~..,r[,~. f~u~'l~,,,.~). /~.~.,..,~ r,/~,~l/¢,;. ~,"~r ,,..~.'e . . Mt. ,'~.~ n.,h. r~ ,~1,~ ' ' ,' ' V All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawl and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ /'2Y'Y', ~'A h with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liabil;ty Insurance on above work to be taken oul by~ (.~'/,-'~--'. Per Note ~ This proposal may be withdrawn by us if not accepted within ~ o days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Io dc, the work as specified. Payment will be made as outlined above. Accepted . Signature Date . ·.Signature RESIDENTIAL 2199 SHADYWOOD ROAD WAYZATA. bAN. 5539 PROPOSAL and CONTRACT CONME RCIAL 471-8219 6 - 15 82 Date ,19 __ TO l%und public Works Dep. · 4845 ?,{anchester Road, )!ound, .'::{n..55364 Dear S/r: _!' propose to finmish all mater/Ms and perform all labor necessary to complete the {o~lowing: 1. Sandblast paint off side of '~aildihg. 5- ,}ri,:~m ~.nd fir~ah .coat ~!! trim. All of the above work to be completed in a substantial and workmanlike manner according to stan.d~.d practices for the sum of.Two thousand three hundred eighty five --Dollars ($~;~ ~,~-~ Payments to be made as the work progresse~ to the value of per cent ( , 5g) of all work completed. The entire amount Of contract to be paid within_ days after completion- Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon w!itten orders for sa.me, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in reciting. Respectfixlly submitted. t ACCEPTANCE You are hereby authmized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal, and according to the terms thereot. ACCEPTED 19 /$6"O May 28, 1982 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Butch Essig Surfside, Inc. 2670 Commerce. Blvd. Mound, MN. 55364 Dear Butch, Thank you again for the lunch the other day. It was helpful to get a first hand view of the I.R.S. situation. ! am doing what I can 'to try and quell the rumors on it. On the issue of the property.taxes, I am not so sure that I can be of as much help. Enclosed is a'copy of the City Ordinance Chapter 11, Subd. ll which says: (1) "No license shall be granted, or renewed, for ope~atlon on any premises on which taxes, assessments, or bther financial claims of the City are delinquent and unpaid." Clearly, the Ordinance would have to be amended which I' think would raise the opportunity for people anywhere in the City to not pay their property taxes as required. I think the flak the Council would receive would be too great. But assuming that obstacle was overcome, Chapter 340.1~ of the State Statutes (page 4923) states:. (b)' "That the licensee will pay to the municipality when due all taxes, license fees, penalties and other charges provided by law." The law states t.hat property taxes are due May 31 and October 31 of each year. Thus i.t does seem to me that a serious problem does exist. I will check with the City Attorney on it, but I am not optimistic and think you really need to plan accordingly. Sorry my news isn't any bett~r. know immediately. If I come up with anything, I'll let you Sincerely, Jon Elam City Manager JE:fc eric. Division 1 Chapter ll - Page 9 Subdivision 10. Person Ineligible for License. ed to or held by any person: No license shall be grant- (1) Who is ineligible under Minnesota Statutes, Chapter 3hO. (2) Under 21 years of age. (3) Who is not of good moral character and repute. (h) Who, if an individual, is an alien. (5) Who, within-five years prior to the application for such license, has been convicted of any willful violation of any law in the United States, '~ the State of Minnesota, or any other state or territory, or of any local ordinance, with regard to the manufacture, sale, distribution, or possess- ion for sale or distribution of intoxicating liquor, or whose liquor lic-~ ense has beeu revoked for any willful violation of any such laws or ord- inances. (6) Who is a manufacturer or wholesaler of intoxicating liquor. (?) Wh° is directly or indirectly interested in any other establishment in the '.'J~i~y!.~ to which a license of the same class has been issued under this section. The word 'interested' as used in this .rmragraph includes any pecuniary interest in the ownership, operation, ~anagement or profits of such an establishment. (8) Who, if a corporation, does not have a manager who is elegible pur, suant to the provisions of this section. (9) Who is the spouse of a person ineligible for a License under para- graphs h,5, or 6 of this subdivision and who, in the judgment of the 'Yu'Tz~.£~ Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. Subdivision ll. Ineligibility for License. Existence of any of the following conditions rende~any applicant ineligible for receipt of a license: (1~ No license shall be granted, or renewed, for operation on any pre- mises on which taxes, assessments, or other *inanci~l claims of the C.~ty are delinquent and unoaid. (2) No license shall be granted .for $ foreign corporation. (3) No license shall be i~sued for the premises o~med by a person to whom a license may not be granted under this section, except an owner who is s minor or an alien. C - 1 - 1971 MINNESOTA STATUTES 340.12 - Excerpt from: 340.12 APPLICATION FOR LICENSE. As to "off sale" and "on sale" dealers: (a) That the licensee will obey the law relating to such licensed business; (b) That theJicensee x~Stl_ pay to the municipality when dhe all taxes~ license fe~s~ penfil~ies-and-ot_h_e.r._c_h/~rge_s' pr'or!ded 15y I~[ ~ .... (c) That in the event of any violation of the provisions of any law relating to the retail "off sale" and retail "on sale" of intoxicating liquor, such bond or policy shall be forfeited to the municipality in which such license was issued; (d) That the licensee, will pay to the ex-tent of the pr/ncipal amount of such bond or policy, any damages for death or injury caused by or resulting from the violation of any provisions .of law relating thereto, and in such cases recovery under this para- graph may be had from the surety on this bond or policy. The amount specified in such bond or policy is declared to be a penalty, the amount recoverable to be mea- sured by the actual damages; provided, however, that in no case shall such surety be liable for any amount in excess of the penal amount of the bond or policy. All such bonds or policies shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions thereof. In .the event of the forfeiture of any such bond or policy for violation of law, the district court of the county wherein such licensed business was carried on may forfeit the penal sum of said bond or policy, or any part thereof, to the state or municipality named as obligee in such bond or policy. [ Ex1934 c 46 s 6; 1943 c 501 s 2; 1943 c 568 s I; 1945 c 313 s I; 1959 c 540 s 5; 1976 c 5 s 11 ] (3200-26)