82-11-23 r.,1'1-¥ OF HOUND
AGENDA
Mound, Minnesota
MOUND CITY COUNCIL
I~egula r Meeting
Tuesday, November 23, 1982
7:30 P.M. - City Hall
1. Minutes of November 16, 1982, Special Meeting
2. PUBLIC HEARING
Delinquent Utility Bills
3. Visit with Bill Husbands, City Insurance Consultant
4. Preliminary Tax Increment Financing Feasibility Study Plan.
Who might ~o what.
5. Comments & Suggestions from Citizens Present
(please limit to 3 minutes)
6o Introductory Materials - Cable T.V. Bids Reviewed
11-17-82 - Discussion Item
7. Payment of Bills
8. INFORMATION/MISCELLANEOUS
A. School' Board Minutes
B. Civil Defense Survey
C. Hennepin County Transportation Program
D. Watershed District Agenda
E. Ehlers and Associates Financial Newsletter
F. Letter from City Attorney on Lost'Lake property
Pg. 2745-2753
Pg. 2754
Pg. 2755-2760
Pg. 2761
Pg. 2762-2789
Pg. 2790
Pg. 2791-2792
Pg. 2793-2799
Pg. 2800
Pg. 2801-2802
Pg. 2803-2804
Pg, 2805r2807
Page 2744
233
November 16, 1982
SPECIAL MEETING
OF THE
CITY COUNCIL
Pursuant to due call and notice thereof, a special meeting of the City Council
of the City of Mound,.Hennepin County, Minnesota, was held at 5341Maywood Road
in said City on November 16, 1982, at 7:30 P.M.
Those.present were:. Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson and Donald Ulrlck. Also present were: City Attorney
Curt Pearson, City Manager Jon Elam, City Clerk Fran Clark, Finance Director
Sharon Legg and the following interested citizens: Everett Schroeder,
Eleanor Smith-, Bill Koenig, Buzz Sycks, Kaye Westerlund, Dian Theis, Dave
Anderson, Robert Blake, Wayne Grimes, Mr. & Mrs. Hilli.er, Saul Smiley,
Walter Haider, C. Carlson, John Royer, Frank Hancuch, Jerry Pietrowskl,
Linda Drews, Calvin Drews, Bill Clark, Bob Johnson, Ron Norstrem, Paul Pond,
Bruce & Joan Wold, John Campbell, Mary Campbell, Jim Bedell, Ron & Holly
Bostrom, Don Chemberlin, Lois Peterson, Liz Jensen, Dallas Jensen, Gary
Paulsen, Russ Peterson, Gloria Peterson, William Petron, Judy and Tim Shea,
Russ Fahness, B. Younes, Mike Mueller, Dick Schwert, Jan Bertrand, Patzy
D'Avia, Mr. & Mrs.'John Wagman, Margaret Hanson, Rob Chelseth, Jerry Paul,
Peter Ward.
The Mayor opened the meeting and welcomed the people'in attendance.
M I NUTES
The Minutes of.the October 28, 1982, Special Meeting were' presented for
consideration. Charon moved and Swenson seconded a motion to approve
the Minutes of the October 28, 1982. Special Meeting as submitted. The. vote
was unanimously in favor. Motion carried.
The Minutes of the November[3, 1982, Special Meeting were presented for
consideration. Swenson moved and Ulrick seconded a motion to approve the
Minutes of the November 3, 1982, Special Meeting as Submitted. The vote
was unanimously in favor. Motion carried.
The Minute of the November 9, 1982, Regular Meeting were presented for
consideration. Polston moved and Charon seconded a motion to apprbve the
Minutes of the November 9, 1982, Regular Meeting as submitted. The vote
was unanimously in favOr. Motion carried, c
PUBL'IC HEARINGS
A. LOST LAKE SITE - STREETCAR BOAT SHOPPING CENTER
The Mayor explained that this public hearing is being held to consider
a request to allow property described as Lots 35 & 37, Auditor's
Subdivision #170 to revert~back to Our Lady of the Lake Catholic
.Church for the purpose of developing a shopping center. He went
on further to state that the Title Opinion on this property was
just received today from the City Attorney.
23~
November 16, 1982
The City Attorney summarized the Title Opinion as follows:
1. As of January 7, 1982, the fee simple owner of the property is
the City of Mound not O.ur iL~dy of the Lake Catholic Church.
The reason for the City's ownership is that the Church deeded
the property to the City on January 7,'1952, with a reversionary
clause, but on January 7, 1982, the reversionary interest of the
foregoing grantor ceased'to be valid and operative by reason of
the provisions of MS 500.20, Subd. 2 and may be wholly disregarded.
"MS 500.20, subd. 2 .reads as follows:
"Restriction of duration.of..¢ondition. All covenants, conditions,
of restrictions hereafter created by any other means, by which the ·
title or use of real property is affected, shall cease to be valid
and operative 30 years after the date of the deed, or other
instrument, or .t'he date of the probate of the will, creating them;
and after such period of time they may be wholly disregarded."
The City Attorney went on further to explain-that there are Some gaps
in. the Title, etc..which would.need to be .cleared-up before the City
could give a Warranty Deed to anyone; His recommendation would be
to.commence a Registration.Proceeding roger the Title in order.
Councilmember Ulrick reminded the Council'that they-should still hOld
the public hearing to get input.from the citizens on'the development
of a shopping center on this site even though, it is not required bY.
law and even though now the City would be the seller not the Church~
The Mayor opened the public hearing.
Bill Koenig stated that offer of. $150;000 for the site still stands
whether it i's purchased from the City or the Church, but he went on
to say that hehas received a call from Douglas Day of the Minnesota
Pollution Control Agency late today.informln9 him that the site has
been under surveillance for sometime because Tonka Toys supposedly
dumped .haZardous waste in this site some years back.
The City Manager stated t. hat the Ci.ty and~'the. Council were aware that
the M.P.C.A. were questioning whether hazardous waste was dumped'on
this site but that they'have no evidence of. this.and all the people
who were connnected with the si~e who have been interviewed gave no
validity to the M..P.C.A's claims.
Bill Koenig state that as one of the.developers he is'still prepared
to offer $150,000 for the.si, re with the stipulation that the M.P,C.A
can be calmed.
Jules .lllies stated that he did alot of the burying at the dump sites
around Mound since the beginning and he knows that no barrels were
ever dumped in any of the sites.
Patzy D'Avia stated he would like to see the.property developed and
put back on the tax roles.
John Wagman stated he was against any commercial development of this
property and would like to see a nature park put in that area, leaving
it as a wetlands.
235
November 16, i982
Bill Clark was in favor of the development of the site and felt it
would not affect the wetlands.
ROy Holden stated that he was not against the development but wants
the Lost Lake Channel and the wetlands left alone,
Bill Koenlg explained that the. developers are not.going to encourage
boat traffic on the channel or in the wetlands. The DNR' requires a
green strip be provided between the center and the wetlandS and there
will be. no harm done to the wetlands.
.Buzz Sycks,:.another'of the developers, stated that the DNR and the
Watershed DiStrict have already.gi.ven there O.K-.s.
Margaret Hanson would like theICity Council to guarantee .that no
variances to the wetlands ordinance will ever be granted to the
deve 1 opers;
Councilmember-Ulrick explained that the present Counci! cannot decide
for future Councils on this item.
The.Mayor closed'the publ'ic hearing.
CounCilmember Swen.son stated that he f.elt.this issue of the land
was a moral issue and that the land should go back to the Church·
The City Attorney advised there is no .law saying, that the City has
a moral 'ob!.igation." The City has to look out for its citizens and
if the City were to give the property back to the Church any'citizen
could sue the .Council personally and the City.for,not looking after
the' p'ublic interest. .'
Counci'lmember-'Charon then read the follOwing resolution which she
had prepared: ....
RESOLUTION COVERING THE SALE OF THE LOST
LAKE SITE TO. THE. STREETCAR BOAT SHOPPING
CENTER, INC.
WHEREAS, the City of Mound Council .is strongly in faVor of creating
new shopping and.commercial business in the City, and
WHEREAS, the City wishes to assist any developer who seeks to build
in the City and wants to encoura'ge and facilitate development
on a piece of City. owned land described as Lots 35 and 37,
Auditor's Subdivision #170, and
WHEREAS, a group'·called .the Streetcar Boat Shopping Center, Inc. has
requested that the City relinquish its interest in the above
property .and sell it to the developers at a price agreed to
by the City and the developers, and
WHEREAS, the City Council agrees that this is a posi.tive step forward
for the City's development, and
WHEREAS, the City does not want to do anything that would impede this
development's progree;
236
November 16, 1982
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA:
That the Mayor and ~he City Manager are hereby authorized to
immediately sign an option agreement covering this site and to
immediately proceed to complete the necessary quit claim deed
on the site so that when the developers have provided the City
with firm financial quarantees and all aplicable permits from
the Department of Natural Resources, Lake'Minnetohka 'Conservation
District and the Minnehaha Watershed District, that the quit
claim deed may be given.
FURTHERMORE, because it may take some time for the developers to
fulfill these requirements, the City is willing to prQvide the
option to cover the site for a period of time up to two years
from the date of adoption of this resolution.
Councilmember Polston suggested that the City Attorney work'on the
wording of the above resolution.
The City Attorney stated'that an opzion would not be necessary. A
purchase agreement could be entered into by both parties which would
include any part of Councilmember Charon's'resolutlon that the Council
deemed necessary and was agreeable.by both parties.
Councilmember Ulrick moved'and Polston seconded ~ motion authorizing
the City Attorney and the City Manager to develop an appropriate
purchase agreement. The City Attorney suggested that the Council
go into Executive Session to 'discuss what points the City wanted
in the purchase agreement. Ulrick withdrew his motion and Polston
withdrew his second.
Charon moved and Swenson seconded a motion to go into Executive session
to discuss the terms of the .purchase agreement to be offered to the
developers. The vote was unanimous]y'in favor. Motion carried.
Returning from Executive Session, Councilmember Ulrick moved and
Charon seconded the following resolution:
RESOLUTION #82-296 RESOLUTION DIRECTING THE MAYOR AND THE'CITY
MANAGER TO ENTER INTO A PURCHASE AGREEMENT
WITH THE STREETCAR BOAT SHOPPING CENT£R~ INC.
FOR. THE LOST LAKE SITE - $10,OO0 DOWN AND THE
BALANCE DUE IN 90 DAYS AT WHICH TIME THE
CITY WILL DELIVER A QUIT CLAIM DEED FOR THE
PROPERTY
Roll call vote was unanimously in favor. Motion carried.
Cou~cilmember Swanson moved and Pol.ston seconded the. following resolution:
RESOLUTION #82-297
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION AND APPROVE THE CONCEPT PLAN
OF THE STREETCAR BOAT SHOPPING CENTER
237
November 16, 1982
Councilmember Ulrick questioned the City giving.conceptual approval
of the Center because we have no ordinances requiring concept, approval,
Councilmember Polston withdrew his second of.the motion,-.
The motion died for lack of a second,
TOWN SQUARE'SHOPPING CENTER - TAX INCREMENT FINANCING
The City Manager explained that at the Council's request, a presentatiOn
was made at the ·Planning Commission Meeting on the Town Square Shopping
Center and .Tax Increment Financing. Saul Smiley, representing the
· developers, was present to i'ntroduce the Town Square concept. Rob
Chelseth, City Planner, was present.to answer questions on T.I.F.
Jerry Pahl from Hennepin County,..who reviews Tlr plans for the County
Board was. present.
Mr..Smiley p~esented a slide.presentation on diffe, ren~ ways develop.
the Town Square concept.' .IHe explained that it would be necessary to
acquire and clear a parcel.of approximately' 11 acres. The specific
parcel that they are requesting to be acquired as.a Tax Increment
District is that area bounded on the west by Commerce Blvd., the south
by the Burlington Northern'R.R., .the east by Belmont Lane and north
by Church Road. The proposal'would be for a 75,000 to lO0,O00 square
foot mini-mall shopping center.
'Super'Valu Store
Thrif.ty Drug (Snyder's)'
Mound .State Bank
Restaurant and Retail Shops
Mound Clinic
.0f~ices
Miscellaneous Services
Also included would be:
Areas for FuCure Expansion
A Commons Mall
The Center would include the'following:
'18,000 s.f.
10,000 s.f.
10,000 s.f.
12,000 s.f.
12,000 s,f.
8,000 s.f.
5,000 s.f.
Sectioned Parking (easily meeting desired ratios)
Service Court and
Ready Ingress and Egress to and from the Mall
They are requesting that the Ci.ty approval a feasibility studY of Tax
Increment.Financing to see if Tlr would be proper and in order.
Rob Chelseth explained the steps.in setting.up a Tlr District.
Councilmember Swenson asked who. would.pay for the feasibility study.
M'r; Smiley. stated that the-proposers.would be willing to pay half.
JerrY Pahl gave the Council' a.packet of material from. Hennepin County
on the County Board's position on Tlr. This material gave criteria
the Board would like utilized to evaluate proposed tax increment
financing.districts.which are:
1. Tax increment financing should be used only as a financing toOl
o£ last resort, after exploring all other alternatives.
2. The proposed development or redevelopment should not reasonably
be expected to occure in the foreseeable future except through
the use of tax increment financing.
3. The estimated captured assessed value for the proposed tax
increment district at its termination, as indicated in the
financing plan, when added to the current captured assessed
238
November 16, 1982
value of all other tax increment.districts i~ the municipality
should not exceed the specififed percentage of the total
current assessed value of taxable real property in the
municlpality:
If total assessed value exceeds $200,000,O00 - 6~
If more than $25,000,000 but not more than $200,000,000 - 8~
If more than $8,000,000 but not more than $25,000,000 - 12~
If not more than $8,000,000 - 14~
4." Tax increment districts should.be completed and terminated in
the shortest posslble tlme,.thereby increasing the County's
tax base and., reducing 'tax burdens outside the. increment district.
Hound would fall into the 8~ class.. The developer would llke an 8 year
period of time.. The'maximum they could have is 25 years.
The Mayor opened the public hearing and asked for public input.
A number of persons asked questions about TIF and its effect'on homeowners,
taxes. Mr. Pahl explained the impact of tax increment on.a $75,000
homestead
Russ Paterson, Planning Commission Chalrman,'explained that a number of
positive ideas came'out when the developers met with the Planning
Commission, such as the present buildings would not be torn down-
until new buildings were built.
Bill Clark objected tO this development because his bulk oil business
would have to be relocated.
The. Mayor closed the public hearing.
Councilmember Ulri.ck moved and Charon. seconded the following resol.ution.
RESOLUTION #82-297
RESOLUTION AUTHORIZING A FEASIBILITY STUDY
ON TAX INCREMENT FINANCING WITH THE COSTS
TO BE SHARED BY THE CITY AND THE DEVELOPER'
ON A 50-50 BASIS
Councilmember Swenson objected to the City paying anything other
that Staff time because the City wouldn't do.this for a private
developer.
There was discussion on what a feasibility study might cost.
Polston moved and Ulrick seconded an amendment to the resolution
stating that. the study not exceed $2,500 in costs.
A roll call vote on the amendment was 4 in favor with Councilmember
Swenson voting nay. Motion carried.
A roll, call vote on the original resolution was 4 in favor with
Councilmember Swenson vo-ting nay. Motion carried.
L L L .:
239
November 16, 1982
PLANNING COMMISS'ION ITEMS'
SITE PLAN APPROVAL AND PRELIMINARY SUBDIVISION - BILL PETRON -
2434 COMMERCE~BLVD. --PART OF GOV'T LOT 1., SECTION 23 AND PART OF
GOV'T LOT.3, SEC. 24, IN TWP' 117 N~ RG. 24
The City Manager explained that the applicants request is to
construct a 25' x 50' - commercial building on the site to house
his furniture repair, stripping and.refinishing operation. The site
is zoned B-1 Central Business and has the applicant's single family
home on the'site, as well as a detached garage.. He will remove the
garage to construct the new building. He does plan to build another
garage in the future.' He does not p)an'to have the general public
come to the building as a retail establishment, Gut rather people
would bring furniture in for repair or refinishing and return )ater
to pick it'up. He would not have exterior storage.
The Building Inspector and the City Attorney have recommended approval.
The Planning Commission has approved the subdivision subject to
the Building Inspector's recommended~conditions.
Swenson mOved'and Ulrick seconded the following resol, ut'ionI.
RESOLUT ION .//82-298
RESOLUTION FOR PRELIMINARY SUBDIVISION APPROVAL
OF.PART OF:GOV'T LOT 1, SECTION 23, & PART OF
GOV'T LOT 3, SECTION 24, WEST OF 5TH PRINCIPAL
MERIDIAN (2434 COMMERCE BLVD.) WITH STIPULATIONS
There wis discussion.on the.number of parking places that 'will be
available. Mayor Lindlan.objected..to havi. ng only 4 stalls required.
The vote was four in .favor with Mayor Lindlan.voting nay, Motion carried.
12 FOOTSTREET. FRONT VARIANCE.-.ELEANOR B, SMI'TH - 3106 ISLAND VIEW DRIVE
LOT.57,. PHELPS ISLAND PARK 1ST DIVISION
'The City Manager explained that the applicant is requesting a 12 foot
front yard variance to allow the construction of a new home with an
attached 24' x 22' garage within 8' of the street fro~t property line
and the doors~facing the side lot line. The Planning Commission
.recommended approval of this variance due to the hardship of land
topography.
Polston moved and Swenson seconded the fo)lowing resolution.
RESOLUTION'#82-299 . RESOLUTION.TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE FRONT YARD 12 FOOT
VARIANCE'AS REQUESTED FOR LOT 57, PHELPS ISLAND
PARK lST DIVISION ( 3)06 ISLAND VIEW DRIVE)
The vote was unanimously in favor. Motion carriedJ '
LOT SIZE VARIANCE - GAWEL & KNAEBLE.CONTRACTORS~ INC. ' 3021 DEVON LANE -
LOTS 4 & 5, BLOCK l, ARDEN
November 16, 1982
The C!ty .Manager explained that thls is the.other half of Lot 32,
Block 1, Arden, which the City. is tryi'ng to sell to give Gewel &
Knaeble enough square footage not to require a variance. Therefore,
this.is a temporary variance until the City finishes the.legal work
on getting a Proceeding Subsequent completed. The Planning Commmission
has recommended approval.
Poison moved and Swenson Seconded ~he following resolution.
RESOLUTION #82-300 RESOLUTION TO CONCUR WITH. THE PLANNING COMMISSION
.RECOMMENDATION TO APPROVE THE. TEMPORARY LOT SIZE
VARIANCE OF.2,O00 SQ. FT. AS REQUESTED FOR LOTS
4 AND.5, BLOCK 1, ARDEN.(3021 DEVON LANE)
The vote was unanimously in~favor~- Motion carried.
COMMENTS.&'SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there, were any Comments or suggestions from citizens
present. There were none.
BINGO PERMIT - OUR LADY OF THE LAKE CATHOLIC CHURCH
Polston moved and Charon seconde the followlng resolution.
RESOLUTION.#82-301 RESOLUTION AUTHORIZING THE ISSUANCE OF A BINGO
PERMIT TO OUR L'ADY OF THE LAKE CATHOLIC CHURCH
WAIVING'THE FEE AND THE BOND
The vote was unanimously in favor..Motion carried.
ANIMAL CONTROL POLICY
The'City Manager explained that t,he Police Dept..spends alot of time
apprehending and transporting dogs who are at large. They are asking
that the Council amend the ordinance to al.low the Explorer Post and the
MOund Police'Reserves-to pick Up dogs at large and. their respective
organizations to receive a bounty~of $5.O0.per animal apprehended.
Swenson moved and Polston seconded'.the following:
ORDINANCE #443 'AN ORDINANCE AMENDING CHAPTER 39, SECTIONS 39.45,
39.60,.39.65, 39.90 (d), and 39,90 (e) OF THE
CITY CODE RELATING TO LICENSING AND REGULATION
OF DOGS
Councilmember Swanson.suggested reviewing this amendment in six months.
The vote .was unanimously in favor. Moti'on carried.
CITY AUDITOR SELECTION
The City Manager explained that the Finance Director Sharon Legg has
interviewed 6 different firms and received proposals from these firms
on doing the 1982 Audit. The Manager and the Finance Director are
recommending that the firm of Abdo, Abdo &Eick. be hired.
241
November 16, 1982
Ulrick moved 'and Polston seconded.the following resolution.
RESOLUTION #82-302. RESOLUTION.APPROVING THE HIRING OF ABDO, ABDO,
EICK FOR A FEE NOT TO EXCEED $7,000 FOR THE
1982 CITY AUDIT
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Property 'Ev~luatlon RePort Coveri~9 ~ity Buildings - Done in June, 1982.
B. Mem° from David Hozza'on Downtown Development
C. Clipping from Mpls~ Tribune on Block Clubs
D. Westonka Chamber of Commerce '~Chamber-Waves" - NQvember, 1982
E. MinUtes Senior Citizens Housing Corp. - Meeting October 19, 1982
F. Tonka Corp. Letter 9iven to Tonka Employees - Regarding company benefits
now that the~plant is closing.
G. L.M.C.D. Third Quarter Budget Report
H. Letter fro~ State Department of Economic Development to Ton~a Corp.
'Regarding possible uses for the Tonka Building.
I. Park Commission Meeting - Minutes of November 4, 1982
J. ~and U.se Plannl. ng WorkshOp - to be conducted November 30, 1982, at
the Earle Brown Center.
K. Minnesota'Financing.'- A brochure from the State providing background
on financing companies, in Minnesota..
Swanson mo~ed and Charon'seconded a motion.to adjourn at 11:40 P.M. Motion carried.
The'vote was unanimously in favor.
Jon Elam, City Manager
Fran Clark, City Clerk
11 013 1689 91
11 013 1720 21
11 019 1724','11
11 022 1708 81
11. 022 1721 11
11 025 1604 21
11 O25 1653 91
11 028 1610 31
11 049 5031 41
11 052 5001 11
11 067 1766 11
11 067 1920 41
11 067 1959 21
11 070 4625 O1
11 073 471.6 11
11 082 1725 61
11 088 2147 91
11 103 5984 91
11 112 5912 11
11 112 5971 71
11 142 6900 21
11 166 2257 01
11 169 5540 01
.11 169 6048 31
11 175 5444 21
11 187 557o 91
11 193 2135 21
11 199 2149 01
11 211 2136 01
11 214 2137 21
11 214 2161 21
11-17-82
Del inquent Water and Sewer
$ 87.02
54.06 ·
55.04
28.16
57.45
52.24
.68.70
'61.02
75.58
'104.18
65.28
156.20
85.68
167.54
81.48
· '81. O0
93.29
63.96
84.79
'127.91
132.43
50.52
74.26
69.92
106.02
159.43
107.28
80.58
66.50
54.06
83.41
~ o~3
11 013
11 019
ll 022
11 022
11 025
11 025
11 028
II 049
11 052
11 067
11 067
~1 067
11 070
11 073
11 082
!l 088
Delinquent Water and Sewer
1689 91 Steven Hinchcllff
1720 21 Paul Willette
172411 Mark Richardson
1708 81 Leanne Turnblom
1721 11 L.R.Thrift
1604 21 Roxanne Bergquist
1 653 91
1610 31
5031 41 irnest Howard
5001 11 Jerry Pehrson
1766,11 Wayne Byrd
1920 41 Creigh Thompson
i~959 21 Creigh Thompson
4625 01 J. Shallbetter
4716 11 Norman Henerick
1725 61 Sharon Austin
2147 91 David Heinsch
103 5984 91 Elmer Gunion
112 5912 11 Mrs. Zontelli
112 5971 71
142 6900 21
166 2257 O1 Verlin Payne
169 5540 O1 Gary Edwards
169 6048 31 Robert Krause
175 5444 21 Steven Pahl
187 5570 91 Johnson Adj. Co.
193 2135 21 Deanna Mohn
199 2149 O1
211 2136 O1 Glenn Reger
214 2137 21 Thomas Wood
214 2161 21 Steve Gronwald
$ 57.02
54.06
55.04
28.16
57,45
~2.24
68.70
61.02
75.58
104.18
65.28
156.20
85.68
1 67.54
81.48
81.00
93.29
63.96
84.79
127.91
132.43
5o. 52
74.26
69.92
106.02
159.43
107.28
80.58
66.50
54.06
83.41
1689
1720
1708
1721
1604
Paid
Paid
5o31
Paid
1766
Paid
1959
4625
4716
1725
2147
5984
5912
Pa id
Paid
2257
554O
6048
5444
557O
Paid
Paid
2136
2137
2161
Avoc~
Avoc
~ov~
Dove
Eagl
Jenr
$10
Sho
Sho
Lak
Bea
Wil
Gr~
Sur
Gut
Co
Ly
Lynwood Blvd.
Spruce Rd.
Tonkawood Rd.
335.00
Overland Rd.
Centerview
Centerview Ln.
54-C6+
55-64+
57°45
75-5E+
167.5~+
81.48.+
5C.52+
74,26+
106,0~.
159'~5+
85-41+
19~3o15,
$2502.47
$1963.15
CITY of MOUND
November lO, 1982
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
TO: CITY COUNCIL
FROM: CITY MANAGER
Bill Husbands will meet with the Council this evening to review ;his past
few months work and introduce some material that he suggests the Council
approve. These policy statements, which are attached, include:
A. Loss Control Statement
B. Risk Management Statement
C. Loss Prevention Statement
We are working.actively to put our 1983 i'nsurance package together and
hope by early in December it will be available. Bid openings are
projected for the middle of January, 1983.
JE:fc
LOSS PREVENTION STATEMENT
The'City of Mound having already gone on record as not accepting
any ioss of iife or serious personai injury to empioyees or mem-
bers of the generaI pubiic resoives that:
It shall be each employees responsibility to be aware
of his/~er surroundings so as to take notice of any
unsafe act or condition.. These situations shaii be
brought to the attention of that person.s immediate
supervisor for corrective action.
A safety committee.shall be established to review all accidents
whether workers compensation, auto, etc. in nature and determine
how they can. be avoided in the future.
£ach department will hold safety meeting~"~~ to review
problem areas and corrective measures.
If, for any reason, an employee still feels unabIe to address
areas of safety, this shouid be brought to the attention of the
City's outside'Risk Manager, Biii Husbands, who is charged, with
the City's overaiI safety responsibiiit'ies.
RISK MANAGEMENT STATEMENT
The City of Mound is to be protected against accidental-losses
which in the aggregate durin9 any financial period, would si9-
n~ficantly affect the City's personnei, property, its budget,
or ability to fulfill its responsibilities. The City of Mound
"~ =--I ~ .... ~ any loss of life or serious personal injury to
employees or members of the general public.
The City of Mound will apply .to their risks a systematic and
continuous identification of loss exposure, an analysis of
these exposures in terms of frequency and severity, the appli-
cation of sound loss prevention and loss procedures, the review
of whether risk transfer could have been Utilized, and the
financing of the risk consistent with the City's financial re-
sources.
The administration of the City's risk management prbgram is
assigned to W.E. Husbands who will report to the City Manager.
LOSS CONTROl STATEMENT
Once a loss has occurred, a number of actions should be taken
in the'foiiowing order:
The injured party s~ould 'be attended to immediately°
In case of a serious injury, the injured person should
be transported tO the closest hospital (probably Waconia)
by ambulance or other emer9ency vehicle.
In case of back injury, sprains, hernias, etc., the
injured party should be sent or taken to the Occupa-
tionai Mecicine Clinic at 2545 Chicago Avenue South,
Suite 211, Minneapoiis, Minnesota.
In aIi cases, someone other than. the injured party shouid caiI
ahead to the medicai faciiity being used to make them aware of
the situation.
In those cases where immediate medical attention is not necessary
the injured party should give a fuli written report of the loss.
In cases where immediate medical attention is necessary a pre-
liminary report shouid be filed by the direct supervisor.
A report must be comple, ted on ail losses within one hour of
the ioss. Additions or ciarifications can be made at a later
date.
The original ioss report shouId .be sent to the insurance com-
pany. A copy needs to be sent to Earl Bailey, 8ill Husbands
and the OSHA report Io9.
Each injured empioyee shali be contacted each working aay by
his/her immediate supervisor or by phone.
Any empioyee absent more than-three days from'work sha2i be
visited in person at least once a week in addition to the
daiiy phone caiis.
Aii efforts shaii be made by aIi.panties'.to.return an injured
employee to his/her job as soon as possibie.
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
PART I C I PANTS
ACT I V I TY
* Mound
+ Developer
1 .Ao
Establish T.I.F district and redevelopment project
boundaries by reviewing properties proposed for
inclusion against statutory requirements.
* Mound
B. Prepare current assessed market value, taxed value
and tax income for all parcels in T.I.F. district.
+ Developer
2.A. Obtain estimated total real market value for all
proposed improvements and completion schedule.
* Mound
+ Henn~pin County
3oA.
Calculate future assessed value, taxed value, tax
increment and tax income gene[ated by the proposed
project.
* Mound
+ Developer
4.Ao
Calculate total development costs:
a. Acquisition, including the availability and cost
of all necessary parcels of land and possible need
for condemnation.
b. Relocation, involving the feasibility of moving
all residents and tenants (residential, business
and industrial).
c. Clearance.
d. Site improvements, including roads, utilities, etc.
e. Legal fees (title searches, negotiations, etc.).
f. Technical fees (engineering, surveys, etc.).
g. Administration.
ho Contingency. &.~~.~ ~~~o9,
i. Proposed downtown redevelopment costs for
streetscape improvements.
* Mound
+ Developer
B. Estimate income~ from bond sales and other sources.
* Developer 5.
+ Mound
Prepare cash flow analysis for project examining
projected revenues (tax increment, bond sales, other)
to project expenditures (development costs
financing and through bonds) to determine feasibility.
+ Primary Responsibility
* Support
CITY of MOUND
No. vember 19, 1982
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
TO: CITY COUNCIL
FROM: CITY MANAGER
Enclosed are the Executive Summaries of the two Cable T.V. Bids we
received this week. With the receipt of these, we can begin the
process of analysis, public hearings and general discussion leading
to the selection and awarding of a Cable Franchise, hopefully sometime
during February or March of 1983. With that timetable, construction
would take place next Summer and be ready to operate in the Fall/
~early Winter of 1983.
I will follow this up with a verbal report at the meeting.
JE:fc
CABLE TELEVISION FRANCHISE PROPOSAL
TO:
FROM:
The City of Mound, Minnesota
Lakeland Cablevision of Mound, Inc.
Official Application Forms For
Providing'Cable Communication
Services To The City Of Mound, Minnesota
CLOSING DATE
AND
TIME:
Mound City Hall
2:00 P.M. November 17, 1982 ~
Attention:
Mr. Jonathan R. Elam
City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
(612) 472-1155
Application Submitted On November 17, 1982
Proposed and Prepared By: Lakeland Cablevision
of Mound, Inc.
IAKE, LAND BLEYI$10N ¢0M 0NICATION$
November 17, 1982
Plaza South Building--Suite 152 .
1433 Utica Avenue South
Minneapolis, MN 55416
(612) 546-0419
Mr. Jonatha~ R. Elam
City Manager
City of Mound
5341Maywood Road
Mound, Minnesota 55364
Dear Jori,
On behalf of Lakeland Cablevision of'Mound, Inc.(LCM), I want to thank you for
the opportunity to present this cable television franchise application to the
residents of the City of Mound, a proposal that is designed to bring the finest
in cable TV systems to.your city.
Lakeland Cablevision of Mound, a locally based cable television company, is
anxiobs to work with you in introducing the best premium entertainment, news,
sports, cultural~, and educational, programming that ~ully meets the local needs
of Mound residents.
LCM's President presently has ownership of several cable TV systems in communities
of similar-type to that of Mound. We greatly look forward to providing this
expertise .in similarly - adaptable technology and programming that will bring to
Mound the'~'.~system that benefits your community the most, Part of our "partner-
ship" phil~y with the City of Mound will be to allow fOr participation'by
citizens in everything from local production adventures to continual two-way
subscriber interaction regarding requests and suggestions.
Having personally been a resident of the Mound/Lake Minnetonka Area for close to
l0 years, as are several LCM partners and investors, this cable franchise ap-
plication represents a tremendoUsamount of local interest, dedication, and know-
ledge to effectively and quickly bring to the people of Mound a cable system
truly responsive to your requests of state-of-the-art electronics and themost
popular cable TV programming available today.
It is indeed with. great pride and anticipation that I present this cable TV
franchise proposal. We anxiously look forward to working with you and the citizens
of Mound in the future.
In the meantime, if you have any questions feel free to contact myself at {212)
484-1012, or Patrick Wolfe, LCM's Regional Vice President at (612) 546-0419.
Sincerely ygurs,
~ "', ~ ~i ~.~
Timothy P. Brown~'
Executive Vice President
LAKELAND CABLEVISION OF MOUND, INC.
FRANCHISE PROPOSAL
TABLE OF CONTENTS
Lakeland Cablevision of Mound details its commitment
to the City in its proposal. Reference to the proposal for
more extensive and precise information is suggested.
Major sections of LCM's.proposal are:
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Overview and sUmmary of Proposal
Identification of Applicant ~
AppliCant'S Affidavit
Ownership and Control Information
Ownership Qualifications
Character Qualifications
Experience: Current Cable Holding~
Experience.
Former Franchises or
Ownership Interest
Financial Resources, Existing Capital
Commitments, and Potential Building Commitment
Financial Pro Forma
Service Areas, Construction Schedules,
and Construction Practices
Channel Capacity and System Design
Proposed Signal Carriage and
Channel Allocations
Local Programming
Proposed Rates and ~$ce]]aneou$
SECTION A
OVERVIEW
AND
SUMMARY OF PROPOSAL
Lakeland Cablevision of Mound (LCM) is a locally based.
cable company established specifically to serve the residents
of Mound, in providing cable communication services through a
fifteen year non-exclusive cable television franchise capable
of providing 54 downstream video channels. LCM will provide
the highest quality cable television system/service throughout
the municipality of Mound at the earliest possible completion
date after a March, 1983 cable company selection by the City,
with authorization to begin construction.
Lakeland Cablevision of Mound will be a communication
network for the citizens and industries of Mound .for access to
the best in national television entertainment, sports, news
information networks, as well as access to and the transfer
of information from both on-going data sources, as well as
providing channel availability for original local programming.
All three of these dominant areas of communication...entertainment,
information, and local programming will be made available on a
one-way transfer basis, and at the same time the cable TV system
will incorporate the maximum flexibility for new services as
they become technologically feasible.
For the City of Mound franchise, LCM will construct
strictly state of the art electronics and technology and will,
pending sufficient net revenue return over time, consider all ~
potential future communication technologies that Lakeland
Cablevision and the City of Mound feel are warranted based on
consumer demand/potential usage, as well as sufficient revenue
generated from subscribers. As such new services and technology
need to transfer these services from points of origination to
the homes of Mound become available, Lakeland Cablevision will,
at that time, consider proposing to the City of Mound their
acceptance of any such services/technology LCM feels woUld be
viable consume~ products.
LCM's Proposal is the end product of months of intensive
investigation~and planning to develoP what we believe to be a
proposal truly responsive to the needs and interests of Mound.
The following pages will briefly highlight primary
features, of LCM's Proposal.
COMMITMENT TO MOUND
In its proposal to the City, Lakeland Cablevision of
Mound promises to build and maintain the most practical,
efficient, and sophisticated cable system possible, using
only the latest state-of-the-art equipment and technology. LCM's
proposed system is designed specifically to meet the needs of the
City of Mound, based on extensive investigation by the Company.
These investigations will continue -- indeed, extensively -- after
the cable system is entirely built and operational, to ensure the
services LCM offers match the needs and interests of Mound
residents. '
Lakeland Cablevision's commitment to Mound is evident.
Combining a locally based company, plus several local investors,
we'll have over 5 employees in the Mound area. We know the City.
Several of us have chosen to live here and we'll be here when
the system's built. It's a system we'd like in our home.
Combined with significant national cable industry expertise,
the knowledge and community concern of Lakeland Cablevision,
local investors, and our employees, we have proposed a cable
system for an area we call home, that is -- and Will continue
to be responsive to the needs of Mound.
We believe Mound residents are most interested in program
choices. Lakeland Cablevision proposes the widest choice of
services -- the most-value for the resident's dollar.
Lakeland Cablevision is' the cable company with a long-
term commitment to Mound.
Pot years, LCMts partners have looked ~orward ~o br~nglng
television to Mound and adjacent communities.
Not only are their co~u~Litments in programming choices
unparalleled to communities this size, but LCM's commitments
to the community are unequaled as well.
Our local owners have developed a very comprehensive
commitment to local hiring and training system employees will
be exposed to the finest terminology, programming, and marketing
training available today. And we have firmly committed to develop
and ~upport Mound businesses.
We saw the need for locally produced show by children and
teen-agers. So, our local owners have conceived a "Lakeland
Schoolcasting Network" (LSN) for Mound's and contiguous~ communities'
y6uths.
Our commitment to Mound is clear. We look 'forward to
bringing cable "home" to Mound with one of the finest cable
television systems in the country.
LAKELAND CABLEVISION OF MOUND. INC.
Plaza South Building
1433 Utica Avenue South
(Street)
Minneapolis, Minnesota 55416
(City, State, Zip Code)
·-Telephone
Date
( 612. ) 546-0419
(Area Code and Number)
November 17, 1982
Please give name ..and telephone number-of principal to who~ inquiries should be
made:
Timothy P. Browne
Telephone
Author ized Signature
Date
(212) 484-1012 or (2.12) 5,82-5997
//tmg_Code and Number)
Executive Vice President
v,. f ' ~N~me and Title)
November 17, 1982
vi
.... APPLICATION FOR'CABLE COMMUNICATION FRANCHISE
Applicant's Affidavit
o This application is'submitted in response to the Request'
£6r Proposals of the City of Mound, Minnesota, by the undersigned
who has been duly authorized to make the representations herein
on behalf of the applicant.
Applicant recognizes 'that all representations are binding
on it and that failure to' adhere to any such representations
may, at the Commission's oPtion, result in reVocation of any
franchise that may be granted,, in consequence of this application.
Consent is hereby given to the Commisston'to make inquiry
into':the legal, character, technical, financial and other'
qualifications of applicant by contacting any persons or organiza-
tions~named herein as~references, or by any other appropriate
means. .-
'Applicant intends to comply with the rulesI of the'Minnesota
Cable Communications Board (MCCB) and the cities' ordinances. ·
If any portion of this application'is irreconcilable and does
not comply with the referenced standards, the minimum acceptable
standards or requirements set forth in the applicable law,
rule, statute,..charter, ordinance or RFP shall supercede the
portion of the application with which it conflicts and shall
be binding on the'applicant.
FIRM NAME
AFFIANT' S 'SIGNATURE
OFFICIAL POSITION
Lakeland Cablevision of Mound,.
Executive Vice President
DATE
.ATTEST
../.mber 15, 1982
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN )
On this -~.~ay. of November, 1982 before me a notary
public within an--fi--for said county, personally appeared Timothy
P. Browne to me known to be the person described in and who
executed the foregoing instrument_.amd-~cknowledged that he
executed the same as his free ~'f aj~/deed. ~
~ ~:':'~.~:~.--~:,~'.~ NOTARY PUbLIC--MINNESOTA ~ ' ,',, ' '~ ': .......... ~
J~ H~NNE.IN COUN~ { Notary FuDIZc
,,l 72/
SYSTEM DESIGN
LCM's system design is based on the company's commitment
to three major technical considerations -- service, quality,
and reliability.
The base cable plant will be a single trunk system with
future capability of providing a total of 54 downstream
channels. Initial plant will be capable of two-way adaption
when warranted by consumer demand and adequate technology.
LCM will provide from commencement of SERVICES:
o 50-400 MHZ downstream frequency spectrum
on cable "A", for a potentially fully
activated 54-cha~nel system.
o Two 4.6..~ter ~ satellite earth receive
· stations.
~ Eventual added two-way capability offered
by LCM's 15 mile "B" cable institutional
network, at the sole discretion of the cable
company.
CONSTRUCTION TIMETABLE
AND
COST OVERVIEW
First phases of construction in the Spr~ng of 1983,
and will be completed 4-6 months later, with an extension
option on completion dates once determined by the City and LCM.
LCM has selected a technically practical, cost effective
system appropriate for the City of Mound.
The construction poles for LCM's distribution s~stem
shall be those erected and maintained by Northwestern Bell
.Telephone Company. LCM will negotiate m~tually satisfactory
rental agreements with Northwestern Bell. However, where the
poles used by Northwestern Bell are not practicable for LCM
purposes, LCM will erect and maintain its own poles as may be
necessary for the proper construction and maintenance of the
-'cable television distribution system, gaining approval of locating
poles by Mound City officials.
Total capital requirements for the system's distribution
'system (aerial and underground), headend tower, earth stations (2),
drops, converters, vehicles, studio and equipment, and miscellaneous"
equipment ~$ $747,610.00.
CHANNEL OFFERING
AND
SUBSCRIBER SERVICE RATES
Lakeland Cablevision of Mound has developed a variety of
services for subscribers in Mound. LCM will offer:
THE BEST VALUE IN CABLE TV
MORE PROGRAM CHOICES: LCM will have more programs to
choose from. Children's shows. News and Weather 'Networks.
Tw. enty-four sports, Concerts, Arts, Education, and
Children's entertainment programs.
OPTIONAL PREMIUM SERVICES: In addition, Lakeland will
offer three optional commercial free-24 hour movie and
special channels, the best three-pay performing combination
in cable today. Movies', Broadway Theatre,, Comedy and
Musical specials, cultural and consumer oriented programs,
children's series programming, "blockbuster" sports
attractions, just to name a few.
MORE LOCAL PROGRAMMING: With Lakeland's studio/camera
equipment and television production consultative assistance,
residents will be able to create their own programs as LCM
will lend expertise in "how to," as well as studio and
production equipment.
IMPROVED RECEPTION (TV & FM RADIO): Clear reception of
all Minneapolis/St. Paul area television broadcast and
FM radio stations.
EVENTUAL 54 DIFFERENT PROGRAM SERVICES: Current line-up
calls for 21 channels, 13 of which are 24 hour services,
and 15 of which are satellite delivered.
LAKELAND: THE "COMPA};Y OF CHOICES": Initially, MOUND
residents will choose from 12 basic cable programming
services, 6 "expanded basic" cable services, and 3
24 hour premium entertainment services, with further
channel expansion planned in the future.
Not only will Lakeland carry the "latest" in cable
programming, it has reserved channels for services yet to be
announced.
The cable TV offering from LAKELAND CABLEVISION OF MOUND
will be very affordable for Mound residents.
For $8.95 monthly, residents will receive a 12-channel
basic cable service. In addition, the six optional 24rhour
satellite delivered "expanded basic" service channels.(one of
which is a superstation) are available for $4.95. And further,
the cable industry's three most successful premium TV services
will be available for:
HOME BOX OFFICE (HBO)
CINEMAX (MAX)
SHOWTIME (SILO)
$9.95
$9.95
$9.95
Here's a more detailed look at the five different levels
of service:
BASIC CABLE SERVICE: 12 channels of satellite delivered, local
community and access programming, Minneapolis/St. Paul commer-
cial TV networks, independent and educational TV stations...
for a one-time installation charge of $24.95, and a monthly
service charge of $8.95. NOTE: LCM's $24.95 installation rate
will be waived for all levels of service the first 30 days that
cable is available in Mound.
EXPANDED BASIC SERVICE: 6 channels of satellite delivered
services, as an optional service to basic service .for a one-time
installation charge of $14.95 and a monthly fee over and above
basic service for $4.95.
HOME BOX OFFICE
Home Box Office, Inc., the pay television programming and
marketing subsidiary of Time Incorporated, provides two 24-hour
pay-TV program services': the HBO service and CINEMAX, a com-
plementary movie service.
Started in November 1972, HBO's foundation service is the
nation's largest subscription television service, seen by'viewers
in nearly 11 million homes. HBO programs are transmitted by
satellite and microwave to over 4,300 affiliated cable TV
systems in all 50 state~ Puerto Rico and the U.S. Virgin Islands.
To reach its cable subscribers, HBO leases two transponders
on the RCA Satcom 3R domestic communications satellite, each
transponder covering cable TV affiliates in two time zones.
Over 200 other HBO affiliates are interconnected by Eastern
Microwave, the nation's largest microwave common carrier. Still
other affiliates receive HBO programming via multipoint distribution
service (MDS), a type of microwave service. HBO is also available
to guests in more than 2,400 hotels and motels across the country.
All HBO programming originates at HBO's own technical
control center and studio in Manhattan. HBO has developed a
unique research system to gain both qualitative and quantitative
ratings of all programs.
HBO's affiliated cable systems are proVided with marketing,
technical, promotional and administrative support through a
network of 10 HBO regional offices. Affiliates are responsible
for installation, customer services and billing. Monthly
subscriber fees, set by affiliates, are generally $8-$12 for
the service but vary from place to place°
since December 1981, HBO has also been responsible for the
sales and marketing activities of USA Network, owned jointly by
Time Inc., Paramount Pictures Corp. and MCA Inc.
CINEMAX
CINEMAX is a 24-hour pay-television movie service which
was designed, programmed and scheduled to appeal to the movie
appetites of an audience wanting more choices and variety in
their, film fare. Provided by Home Box Office, Inc., the pay-TV
programming and marketing subsidiarY of Time Incorporated, -o
CINEMAX is exclusively a motion picture service with programming
and scheduling completely differentiated from the HBO service
each month.
Initially launched August 1, 1980, CINEMAX is seen by viewers
in more than 1.5 million homes. Using two leased transponders
on the Satcom 3R satellite, CINEMAX transmits its programs to
more than 900 affiliated cable-TV systems in 49 states.
CINEMAX affiliated systems are provided with marketing,
technical, promotional and administrative support through HBO's
network of nine regional offices. 'Affiliates are responsible
for installation, customer services and billing. Monthly sub-
scriber fees, set by affiliates, are generally $8-$12 for the
service but vary in relationship to local market conditions.
Ail CINEMAX programming originates at HBO's own technical
control center and studio in Manhattan. Like HBO, CINEMAX uses.
a unique research system to gain both qualitative and quantitative
ratings of films.
. Designed to satisfy the subscriber who wants more than one
pay-TV service, cINEMAX programming augments foundatiOn services
like HBO' by presenting 30 new top-q~ality films each month,
geared to every member of the family -- all uncensored, uncut
and uninterrupted by commercials. No X-rated films are shown,
and R-rated films are presented only after 8:00 p.m. Since many
viewers subscribe to both HBO and CINEMAX, HBO publishes each
month a combination program guide listing the programs of both
services.
SHOWTIME
SHOWTIME is a 24 hour pay-TV service that specializes in
first-run movies and specials, aimed at those TV viewers looking
for more original programming in the areas of comedy, Broadway
theatre, musical specials, children's shows, a news magazine
review, and informative documentaries.
Started six years ago, this premium television service
also features adult-oriented programming, late night and adult
soap operas.
TV viewers nation wide choose SHOWTIME, along with HBO
and CINEMAX as the most widely accepted three pay offerings
in the cable industry.
The service is uncut and uninterrupted, and is programmed
and distributed via satellite from the service's New York City
studios.
NOTE: See the following pages, for more information
on Lakeland's Premium Services.
RATES GUARANTEES
The subscriber rates in the pro forma are substantiated by. very realistic
levels of penetration. LCM agrees to allow the City of Mound to regulate all
rates allowed by law to be regulated. More specifically, LCM guarantees the
rates indicated in the proforma and will not seek rate increases until two (2)
years after construction is compl'eted in. the initial service area or until
three (3) years after the franchise is certified by the state, whichever is
longer.
2
Dowden Communications, Inc. .... ' ~ ":~:'"=:~ '
i...:.-;:~ .~ November 11 ,. 1982' ::' '": ..:'" ' '':'~ '
One Piedmont'Cen'tei., s6i~e 220 !...:~.,:~ ..:~.;..: :. ! · , ~ /i..;
...... ' ' .1 '~"i :.
. . ,.,,, ~, .. I.~.i :. ,.:'[
...... ~. 3565 Piedmont Road, Northeasr. i'.;'.::..:.:-., .":'.-'~,., .... !' : "~ !-.' ~. , i~.,~..', :': - ,
:. ~,. :. ,.. Atlanta, GeorgIa 30305 1'233-69601;i: !.. ~: .... · ~ :i: !.~ -. ~...', :=::~., .~ ~: .: ~.: .t .;
.'~'~:['~::~.;. ~ ! ., .;: :! :~ .;';:,., .' !.r ' ' ' ' ' r .... ~ ...... '~'' · '
' '~:[i:~!~ 'i ~.~.' : ',, ' ~.:i',;.;~::~; ;,..:~ :", ' ' ~'- ..... ~ : .-.~ ..... ~ '.,. :~; .':'' ' i-' .~,r
'.., ,~[, ~';- : , ~. ;' :,~ . ~,:; ! !.!-, .,:' ! .,~ , ~ . . :~'. . .. , ,-' :; '. ...... :,.:~ :' ..~[ , , . , ~. ,.
;,.',.L::, :~.~:'l...~.~:'"';i;i !~',['[:', '~ :', .~ . '. ;. .L :. !.! .... : ~ .. -i '-;-i:.!-...: ~'.,;;',.; ....... ~;:,.~ :':~.;.: ~,,-.~;.: .!,:~'/.,;,.
":~C:i.t--3/ Manacj ..................... : ......... ' ...................... ' ................... ' ...................... ' ...... "
:~.~;:::,.;~:',..:':.~":;i-i' "i".;:;'-i:.' ':'::';.i:.;~.!.~...~.' ":~:"~:':::,;.- . :..':" :' ' ;'~...::.:~";':~.:.~:
Mound
o
'.!'.'~:!~': '=:.'i ~[':~i 'r::.; ~.!~: ~ i.:.i~ . :,j-::~ .:.. ...... ~ !.,;:.::, ,.1.~: ..,, ..... :: :- .; .. ~::~.::~ ~:;
:;..~ City f' . . ~.- . . ....
i'[! ii 5341 ~Maywood "~oad i;! ".'i: ;:~ . :.::'~;' ' · ..~ : .': · ,.,;;~'~.? :.: '~ .; ,' .~-1:.:..c::~:
· ~'"~'~::"'~ M3. nnesota"55364 ~' ~'~' ~ ;"~' ' :'' ..-. .r: ~ .~ ..~<,,..~,:.:~,.:: ~-.~. ~ .... :..:~.~:
'": ..'-' t':;i~.!; "; .:~. ' . ~ - ;;~ : :~d'.i.,. , '. ~',,~',{~ ' i ' ;' ' ~': :~. ~.' :'~ '~ :: "" ~-; ~- ~ ~ ':" ~ ' ~ ;';' ' ~ ~'i": "' "::' ~ ' ' :"'.~"'
",~,~'!',~ .~ - - . .... '~ · ~ ~ .i: - -~ .............. ~: , · · ~ ' :~ "~ .... " ~ ......
'.'[~1.~!4,: ~;-~: ':::! .....;.[,.;t:., ....,~;:!'~:'i' - ; ',:~-.[! .~.~.!,,.'~'!!, .?:. ,~.. :, -~=~.~,:.~':-...,.~, ,.~,. .T:;.,,..{,:";". '...~:"~ -',:,''' .'.~,;,-,.'. '. : ' ' .,;'".'!}.',"')' ,.-,'",:~{;.. :~;~' %~;..'
.' '. ~.,;':~. ~'-~---.1 ;::~- ~,---- .... · ..~,... ;i,', ~: :: ,,.~,'r ..:~,~,:' .'.':'~-~' .... '~! !.'~ ~' ': ~' · ::.': ' r": ~;'..,:':~', '''t' ~"' =-: ; ~;' "~'." :':' ~ 'f ~;'''?~ ;"~'" [=:''~'"' .'"
.:. ::i::.~::.;.:.,:: - ..... On behal[ 'o~,.Dowden Coatmun~.cat:l. ons,i,..,]:nc.' T am. pleased - to~,,~,.'~::~;,'~'?.;'~
;;: ii" · ' ' '~ , · , · . .., ' .. e =i.:-~. ,".i'.,!:~.i~;
..·. .... :~ present, ·th.ts Proposal to construct.'a cable television system
I:i:. :City:°f'.M°und'' '.We be'lie~e~'=thiS prOpOsal:. illustrates
· .:,'..':..'progressive management., attitude and 'stroh~ ooerattons :.ex°erieh6e~?.[!!:~!'i:~
ii.,:. i~together.:.wlth -an l. nsl. ght:.that l.s 'dJ. stJ. nctJ. ve in the. cable
.'~,[;'t;...~:.~i ; : . ,: [.: :.. ' ! , , ., . . r' -- · .-~ ~'. . . . . : .' ..' ~.! '. ; '. ; ;':! '. ; . .' :. . . "~ .:: _ ~ -,;..:,~.t'~ : ' -;. · . :'.,' b ,;;;."-:.t-~::!:~
I =;~![~':i'[.;i ~' . :,..,.. . .. ... :~·. ., . :.,~ , : . . :.. ;. ,. ,,,~..;. ..... , .. .~ :. , : .. .:,f. ~. . . ?,.:.: . · . l~., :, = ..
;:~::..;;.i:~.., .... :' Thzs proposal'zs the. result of a detazled':-study of youz:; '' ..... ::~ :.~ .:.:
.i.:. !~ommunzty,' your' R~P, and. a' careful, revzew 'of 'the proposed.:; :~" :' . '~-~-
.'i".prelim~nary .franchise· We have strived t° COmply withJthese'-'¢.:~'~'::'.~?-.:.:i:' ':.
.requirements as ai?ectly as possible. As we .understand~tt; there'
may be areas of the proposed ord~n.ance that wlll be subject to '
further negotiations between the Cl.%y and' the franchisee. ;';..
i ~ ~ ' , · . i :: :.. ' ... ',. · i.' ' ' ::' ~-:' :'
'" DCI is Partlcularly sensi'~ive to your requirement that the .City
of MoUnd's cable system must not only'employ curr.ent State.of-'
the-art techn°lo~y,'.butlshould also be designed wl~h a maxi. mum of.
I flexibility for taking advantage of new communications technology.
As the builder and oper.ator of .your .cable system, DCI. pledgeslto
.work closely with the Clt~__ and its citizens in developing a '.. '
I responsive~.cable television system based .o.n' a realistic business: '
-' plan. · ' '::. ,:;. : ..; ' :"' '-:".: ".:!: '.;.:'!;'.i!. ':
We look· forward to your analYSis of. our proposal,.and'to
I meeting you at a later date to discuss ~t in more detazl.
Thank you for your consideration. ' - : ~
I Sincerely, I :
I President
TCD: nw
Do%den C°~un~cations, Inc. is an Atlanta-based cable television company
......... buildS"and ates Cable' ~ ........ DCI h~s'
tha oper televis systems n e.
active in fr~chise.aCquisition and 'system development, hav~g
awarded 36 franchises (35-of these in the past eleven months), giving
.~erS°~nel-.han~s-on experience in managing and marketing systems'i~
~u,,,unities'that range in size. form 30,000 to':~,500 population'~
A detail file of DCI management is' containe~ at the end ~f
I
I-
I
I
I
i
I
Dowden will provide a resident staff of 7 employees in the City of Mound.
This will insure prompt and efficient c~stcmer service to all subscribers at
all times. The Mourn-based management will have full support frcm the
extensive cable expertise available in its Atlanta headquarters as well as 'in
its mid-west oprations.
The Mound system ~uld be operated as an independent entity and all personnel
%ould be expected to reside within the service area. DCI has learned through
many years of experience that prompt and efficient service is best rendered
by giving the local staff a high degree of indeper~ence. A local staff, we
find, has more innate cu,,,itment and involvement with local affairs. We will
continue this tradition in Mound.
We estimate that the total funds required to construct a state-of-the-art
system and begin operations in Mound will be about $1.25 million. DCI has
~r~ed a line of c~'edit thromjh Fl~t N~tiorm.1 l~m'~, l:~:~:k:ionc'~, I~ode
Island in the anount of $7 million.. Portions of these funds,, along with
sufficient DCI equity,, will be used for the construction of the Mound
Dowden C~,~,unicati°ns is proposing state-of-the art cable electronics in
conservative, 54-channel design, allowing maximum f/exibility in m~-cting
future needs. ~he system equiI~ent will be'the ScientifichAtlanta 6500
Series amplifiers engineered to deliver 54-channels. At activati°n,
33-channels will be provided for the Mound suscribers, with three levels
service, described later.
The headend will feature the following:
2 Ear S ti°ns
Individually Processed FM Service
~,~io f~ergency Alert S.yst~
Character Generator Equitm~nt
Studio Facilities
'A standby power generator will be installed to insure continuous service in
case of primary power failures.
Dowden Communications is aware of the oa,,,,unity's concern that the
construction of a cable system does not disturb t~he appearance or growth of
the City in any way. To this end, we will construct the proposed system
i
adhering to the highest quality of ~orkmanship. Utilizing skilled personnel,
w~ will take steps to ensure that construction activities meet all
specifications set by the City. We recognize the importance of planning, ..
supervision and public relations when dealing with property Owners. We
believe a check of our past track record will confirm that our ccmpay does an
excellent job in' this area. : · :. ....~ .... ............ ·
The ultimate test of any cable system is how w~ll it serves a cc~munity after :: !'.
the franchise is awarded. Since cable is an optional service, a cable -.".:."'~i'_
operator must maintain a high level_ of Custcmer satisfaction. Mound has the .
right to expect a thorou]h customer service program frcm :its franchisee, and . ...
· ~,. :j '' , ..... . ? ' b ~- ' '. . - '
IX2I is confident that its cwJs~r serviC--~ program will fill this
r~quirement. :::./;"
Dowden's service package includes the full range of programning available
today in the fast growing field of cable television. Based on our nationwide
experience, w~ offer the' following options:
21-(~annel Basic Package, including Access, Local and
Satellite Channels: $7.00 per month.
8-Channel Expanded Satellite =Pack~e: $3.50 per month.
4 Premitm Channel Options: $9.95 per month, each.
(HBO, Showtime, Disney Channel, and
"The Entertainment Channel" )
One area often overlooked by cable operations is FM radio. With this in
mind, Do-den offers several stations that are cable exclusives; WFMT, the
classical station from Chicago, is distributed by satellite and will be
included in our FM Package. "Music Television (MTV)" sound will be carried
as part of the FM package, in full stereo. The audio POrtions of..HBO,
Showtime,' and others' will also be carried on the FM band, so' 'that subscribers
may listen to the stereo sound of POpular movie~ and musical entertainment.
The ccmplete FM package will be 'offered for $2.50 per month, .. ~
Local progra~ning is'an essential part of every cable proPOsal. Beyond this
imPOrtance of local pr°gr~m~ning (L.O.) at the proPOsal stage however, 'is its
importance in developing 'a SPirit of c~,,,,unitY involv~nent and'interest in
the cable television systen. The DCI corporate staff, including Mr. E. Frank
Bluestein and Universi.ty of Minnesota consultant, Mr. Richard Reardon, will'
be active in Mound to encourage this cc~munity involvement. DCI is firmly
o~,,~itted to local ccemunity involve~_nt and our proPOsal, we believe, will
make that involvement a reality.
We have ProPOsed t~o production facilities, one at the headend location and
one at the C~,~unity Center. There will be 4 color ¢~neras with full editing
and special effects capabilities.' The portabililty features will peri, it
remote productions at facilities such as the Library, City Hall, schools and
Cu~,,~unity Center. Two-~y feeds from the center will be ~ssible at system
!
!
New and exciting information ret. rival services are currently being proposed
for cable television systems. DCI's Mound proposal has designed a frame~rk
within which interactive services ~uld be offered as this fast-growing area
becomes more feasible, :
~is capability will give subscribers the ability to select and retrieV~
information frcm vaSt data bases,: including financial information,
transportation schedules, oonsuner advice, news and morel The future of thi
fast-ch~ging technology Will 'allow hcme shopping, banking ar~ a myriad of
other sero'ices that will I~ .homc~2~-~ter~ in ~ not-~::~list~nt f~.rl:ure.
DCI has emphasized cable services that are available iamediately, with a
positive ccn~i~t to-explore amd implement later offerings that still
may be in the "test-tube" stage within the industry.
In every respect, w~ stand ready to cooperate with you to meet the particular
needs of the Mound ~mmunity..
!
television industry for seventeen years. Before. foming his own cable
television fi~m, Mr. Do,den was Vice-President and Secretary of (Dx Cable.
Ccmnunications, the fourth largest cable television ccmpany in the United
States.. He was re .sponsible for Cox franchising '~ acquisition efforts, securing
more than a dozen franchises from 1969'to 1976.. As part of his ..... ;!"'"': ':
responsibilities, Do,den spearheaded the creation of' (Dx, s in-house marketing .
Organization, planning and administering the m~keting efforts in the variouS: ?'~i!!:i~!!
cable ~rst~s. I~. Bo~:len is one of the four, ers of C-'I~, the national ~V- "
marketing society, and is included in ~o's Who in the South and Southeast. -,
VICE-FRE~qI~NT OF ~~- i~V~~T:
J. Larry Aldridge is the Vice-President of Corporate Develo~=nent.' H~ has '
been active in the electronic media, professionally and acad~nically for
nineteen years. Mr. Aldridge has .prod~ public television programs and
Series for Georgia educational television, the state-wide "E~ny" award for
telecast, and news features for Newsweek Broadcasting Service frcm the
Southeast region. He is active in the National Academy of Televison Arts and
Sciences, and is on the Board of Governors of the Atlanta chapter; a member
of the Radio-Television News Directors Association, "C-~%~" and the Atlanta
Press Club.
Kent Sharp is the Vice-President of Oper~ations and the General Manager of
M.
Germantown Cablevision Associates. Before joining the Dowden group in 1978,
Mr. Sharp spent .eleven years s _upervising regional telephone operations for'
North~stern Bell. Mr. Sharp iz the past President of the Webster City,
Iowa, Jaycee', and past Vice-preident'of the Webster City Kiwanis Club.
... Stuart V. Gibson .is the DirectOr of Engineering. Mr. Gibson joined DCI
including the 54-channel system in Ge .rmantown, T~nnessee. He graduated frcm
the Strategic Mic£owave SyS~ems Repair and Operations School of the U.S. Army -
Signal' Corp., ~e United Electronics Institute, and holds a first Class FCC
li~..~. Mr. GiB~n h~q ten ye~'s ~xt:~rien~ in cable tel~ision design,
construction and maintenance.
VICF,-P2ES]DEN~ ~ EE~ELC~f FCE~ ~: "
Mayer Singerman is the Vice-President in charge of Development for Do~en '
Ccmmunications of Illinois (DCILL). Mr. Singerman has a long history of
cc~munity involvement and of accepting civic responsibility. ~e is the past
Mayor of Park Forest, -Illinois (1975-1981), and the chairman of the Council
of Gove~{,ents of Cook County, Illinois. Singerman was previously associated
with the First Suburban Bank of Olympia Fields, Illinois as business
development officer in 1979-1980. Before that, he served in public relations
positions with the 5:me Builders Association of Greater Chicago and Checker
Oil Ccmpany, Hazel Crest, Illinois.
E. Frank Bluestein is Progra~ning Director for Germantown Cablevision. He
graduat .ed from Memphis State University Cu~ Laude with a Bachelor of Science
in Education and a .Master of Arts in Theatre and Co~nunications. Mr.
Blues~ein has a distinguished professional and acad~nic career. He has
numerous awards for ommunity service, .educational excellence, and theatr~
~:~tons. He is ac-q:ive in ~he .'l'~rme~ Theatre /~o~iation '
(Vice-President, 1981-1982).~ West Tennessee Education Association, S~-cch
Division (President, i981.~:?rogram Chairman, 1980); International Thespian.
Society (State Director, 1980-present); and MATCH, M~nphis Area Theatre an~ .' .............
Ommtmica'~i°n ~aPPeningS'/(C0-f0under and Chairman, 1978-1900). Mr.
Bluestein will be activ~ in advising the munity progr~,,,ing development in
~Y OF (5{ANNEL ATICCATIC~E
Briefly describe below the designated programming or services proposed for
each of the cable channels (i.e., Cb~=nel 2--WXYZ, Washington, D.C.; _Channel 3--
Public Access/Bulletin Board). Please indicate clearly the divisions between var-
ious "tiers" of csble service, if appropriate, using a format as the sample
iBasic I'
2i' channels
imonthly
Basic II:
8 chsn=els
EDnthly
Pay channels
4 pays
~.95 each
Des Ignal:ac~ Programming/Service
2 .... KTCA; Ninneapolis-St. Pa~ (PBS)
3 Cable News Network-Headline Service., Atlanta
4 .. WCCO, Minneapolis (CBS) . ..
5 .... ~ Minneapolis (ABC) ,
6 __ Reserved for regional channel/access
7 WTBS, Atlanta. (Ind.)
8
_!~tblic Rdcess (Mound)' ..:: .' .. ".
KMSP, M~inneapolis (Ind.)
USA Cable.Network, Ne~ York
11
12
13
14
15
16
WrCN,~ Minneapolis (NBC)
b~I or AP .Newswire (Alphanumeric) ~Weath..er/NY~E
Nickelodeon/ARTS ~ New York
.Cable Health 'Network~ New York
C-SP~, Washington, D.C.
CBN S~tellite Netu~ork, Virgiuia Beach~ Vir~n~a
17
EICI, St. Paul (PBS)
-"The: Weather' Channel" Atlanta
Government Access (Mound)/E~e. r~ency Chsnnel
Local Origination/Keyboard (5~ound)
Educations_l Access (~und)
Leased Access (Mound)
~[~V: Music Cb~nnel~ New York'
Nashville Network, NashVille
25
26
27
28
_29
· "'32
37
38
4O
~2
.ESPN, Bristol, Connecticut
..WG~, Chi_cago (Ind.)
WOR, New York (Ind.)
Satellite Prozramninz Network~ Tulsa
'Dow Jones Cable New~. New York
Cable News Network-l, At~anSa '.
Home Box. Office, .New York
..Showtime, New York
The Disney Channel, Hollywood
The Entertainment Channel~ New York
Reserved for futur~ s~rv~$
Reserved for future
Reserved for future services
Reserved for future serwces
Reserved for future services
Reserved fo~ futnlre services
Reserved :or Tu~ure servzces
Reserved for future services
APPLICATION ~IDR CABLE ~CATION SYS~/~ FRANCHISE FOR ~ CITY OF HDUND ·
Name of Applicant 'Dowden Communications, Inc.
one Piedmont Cen~er, Sulte zzO
Address of Applicant , · 3565 Piedmont Road, N.E. .
· · (Sweet)
· Atlanta, Georgia 30305
(City, State, Zip Code)
Telethone (404) 233-6960 '
· ' (k~ea C~de and Number)
Date November 15, 1982 ·
Please give name and telephone number of principa~ to whc~ inquiries should be
made:
Name' Thomas C. Dowden ___i.__
Telephone ( 404 ) 233-6'960 - . ' '
... (Are~ Code and Number] - ~-
-- - ~- (Name and Title)
Date
November 15, 1982
-2-
vi
APPLICATI~ ~OR CABLE ~C~TI~ FRAN~T~
Applicant' s Affidavit
This applicati°n is suhnitted in response to the Request for Proposals of
the City of M~und, Minnesota, by the undersigned who.has :been duly-authorized to
make the representations herein on beb~l~ .of the aPPlicant..
Applicant recognizes that ~11 representations are binding on it and that
failure to adhere to any such representations may, at the Ccnraission's option,
result in revocation of any franchise that may be granted, in oonsequence of
this application.
Consent is hereby' given to the Ccmmttssion to make inquiry., into the legal,
character, technical, financial and other qualifications of applicant by con-
tacting any persons or organizations named herein as references, or by any other
appropriate means.
lApplicant 'intends to ccmply with the rules of the' Minnesota Cable
unications Board (M~fB) and the cities' ordinances. If any portion of this
ication is irrecohcilable a~d does not ocmply with the referenced standards,
the minimum acceptable standards or requirements set forth in the applicable
law, rule, statute, charter, ordinance or RFP shall supercede the por..tion of the
application with which it conflicts and shall be binding on the applic~_nt.
FIRM NAME Dowden Communicat~ons, Inc.
AFFIANT ' S SI
OFFICIAL POSITICN President
November 15, 1982
Notary Public, Georgia, State at Large
My Commission Expires Apr. 25, 1986
-3-
BILLS~ ..... NOVEMBER. 23, 1982
AirComm
A-1Mtka Rental
Anchor Paper
Acro Mi.nnesota
Blackowiak & Son
Holly Bostrom
Boulevard Service
F.H. Bathke
Janet Bertrand
Cargill Salt
Bill Clark Standard
Coast to Coast
Continental Tele
Curtis 1000
Chapin Publishing
Dept Prop Taxation
Davies Water
Dept Publ Safety-Liq
Jon Elam'
Feed Rite Controls
First Bank Mpls
Eugene Hickok
Geo. M. Hansen Co.
Henn Co. Sheriff Dept
Robert E. Johnson
Internatl City Mgmt Assn
Koehnens Standard
Koehig & Robin
Brad Landsman
L.O.G.I.S.
The Laker.
Lyman Lumber
Louisville Landfill
Lakeland Envelope
Metro Waste Control(SAC)
City of Mound
City of Minnetrista
McCombs Knutson
Metro Waste Control
Miller Davis
Minnegasco
Wm Mueller
Metro Fone Communic.
Minn Comm
Mpls Oxygen
Maple Plain Diesel
120.40
4O.OO
208.O1
i76.77
14.00
156.00
325.00
2O.70
57,51
604.80
3,433.40
'105.03
1,123.83
161.94
14.25
834.00
59.64
5.00
516.81
659.74
12.00
9O.OO
7OO.OO
64.73
2,975.OO
190.00
172.77.
750.O0
6.96
1,177.75
'304.59
13.30
528.OO
188.09
3,366.00
37.23
201.OO
3,1'97.00
19;277.27
110.93
596.88
1,611.53
11.80
28~75
32.59
36O.OO
Mound Fire Dept Officers-82 pay
Jack Farness 1,200
Barry Palm 400
Gerald Babb 500
Greg Johnson 300
Ron Marschke 200
Ted Stallman 250
Dwayne Platzer 250
Bud Opitz 250
David Boyd 250
Greg Skinner 150
Robt Ptacek 150
David Carlson 150
Greg Pederson 150 4,200.00
Navarre Hdwe 106.O8
N.S.P. 5,202.68
No. Star Chapt ICBO 25.00
Popham Halk Kaufman 1,175.O9
Pitney B'owes 223.50
Patco Company 781.93
Bob Ryan Ford 15.01
Reo Raj Kennels 257.00
Nels Schernau .7.04
Howard Simar 190.00
Sun Heal th System 21.10
Thurk BrOs Chev 278.34
Tri State.Drilling 774."
Unitog Rental 263.-.
Village Chevrolet 187.82
Water Products 103.60
Widmer Bros. 82.00
Westonka Chamber Commerce 216.45
Xerox 3,591.74
Zack's Inc. 414.OO
R.L. Youngdahl & Assoc 6,917.O0
Griggs Cooper 2,833.22
Johnson Bros. 1,617.85
Old Peoria 2,690.02
Ed Phillips. .~ 2,102.86
TOTAL BILLS 78,917.87
CITY OF MOUND
'MOUND, MINNESOTA
BID PROPOSAL
'DIESEL POWER SINGLE AXLE 27,500 GVW WITH
PLOW, WING, DUMP BODY AND SANDER
All bidders must submit bids on this form to furnish equipment as specif~
All prices are to include mounting and F.O.B. Mound, MN
Cab and Chassis
Make
Dump Body
Snow Plow
Wing
Under Tail Gate
Sander
Model
Make
Model
Make
Model
Make
Model
Make
Model
Total price of Cab Chassis, Dump Body, Snowl Plow, Wing and Sander:
Signature - Title ' '
Date
CITY OF MOUND
MOUND, MINNESOTA
BID PROPOSAL
DIESEL POWER SINGLE AXLE 27,500 GVW WITH
PLOW, WING, DUMP BODY AND SANDER
Ail bidders must submit bids on this form to furnish equipment as specif'!,
All prices are to include mounting and F.O.Bo Mound, MN
Cab and Chassis
Dump Body
Snow Plow
Wing ,.
Under Tail Gate
Sander
Make
Model
Make
Model
Make
Model
Make
yodel
Make
Model
Total price of Cab Chassis, Dump Body, Snow Plow, Wing and Sander:
Signature of Bidder
Title
Firm~
Date
CITY OF MOUND
'MOUND, MINNESOTA
BID PROPOSAL
DIESEL POWER SINGLE AXLE 27,500 GVW WITH
PLOW, WING, DUMP BODY AND SANDER
Ail bidders must submit bids on this. form to furnish equipment as specifie
Ail prices are to include mounting and F.O.B. Mound, MN
Cab and Chassis
Dump Body
Snow Plow
Wing ;
Under Tail Gate
Sander
Make Fo~-_p
Model Ag Oo'o
Make /V~c CPu ~
Model
Make
Model
Make
Model
Make
Mode 1
Total price of Cab Chassis, Dump Body, Snow Plow, Wing and Sander:
$
!
Si~n-ature of Bidder
'CITY OF MOUND
MOUND, MINNESOTA
BID PROPOSAL
'DIESEL POWER SINGLE AXLE 27,500 GVW WITH
PLOW, WING, DUMP BODY AND SANDER
All bidders must submit bids on this form to fur~ish equipment as specifie
Ail prices are to include mounting and F.O.B. Mound, MN
Cab and Chassis Make FORD
Model L 8000
Dump Body Make ~MacQueen
Model tID 9' X 7'
Snow Plow Make Prink
Model 451'1 Power Reversable
Wing ft. Make, yrink
yodel lOBRA38
Under Tail Gate Make Swenson
Sander
Model 310
Total price of Cab Chassis, Dump Body, Snow Plow, Wing and Sander:
$ 57,967.00
Sfgnature of BidderU/
Fleet Sales
Title
BROOLM)ALE FORD, INC.
'Firm
November 2}, 1982
Date
CITY OF MOUND
MOUND, MINNESOTA
BID PROPOSAL
DIESEL POWER SINGLE AXLE 27,500 GVW WITH
~' · ' PLOW, WING, DUMP BODY AND SANDER ..
Ail bidders must submit bids on this form to furnish equipment as specJf
Ail prices are to include mounting and F.O.B. Mound, MN
Cab and Chassis
Dump Body
Snow Plow
Wing
Under Tail Gate
Sander
Make
Model
Make
Mode 1
Model
Make
Model
M a k e
Mode i
Total price.of Cab Chassis, Dump Body, SnoTM Plow, Wing and Sahder:
Signature of' Bidder
Date
AT?/
FEDERAL EMERGENCY
MANAGEMENT AGENCY
For additional information:
James L. Holton
(202) 287-0300'
News'
Office of Public Affairs / Washington, DC 20472
Release No.: 82-88
Release Date:
October 18, 1982
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
WASHINGTON -- Three-quarters of adult Americans believe that
building up the nation's civil defense program either makes nuclear
war less likely or has no effect on its likelihood. In addition, a
majority believe the development of plans to cope:with nuclear war
are helpful in dealing with common peacetime disasters.
These are two key findings to emerge from a follow-up public
opinion survey..conducted during the period Aug. 28 to Sept. 12,
1982, by the Gallup Organization of Princeton, N.J., for the
Federal Emergency Management Agency (FEMA). An earlier Gallup
poll, conducted from May 24 to June 13, 1982, found that a majority
of Americans believe the U.S. needs a civil defense program to
protect people in case of an attack.
Civil defense is among FEMA's major program areas. The agency
also deals with a wide variety of natural and technological
disasters and emergencies in peacetime.
Information for the second GallUp survey was obtained from
telephone sample interviews with 1,030 adults aged 18 or older.
--more--
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
Add One
Gallup reports that when respondents were asked Whether they
believe building up our civil defense Program would make'nuclear
war more likely or less likely, the greatest number (42%) said."it·
would make no difference." Thirty-three perCent~said it would make
· nuclear attack "less likely", and 17% said it woUi'd make an attack
"more likely." (See Question 12.)*
Regarding the usefulness of civil defense plans fOr·Other
disasters and emergencies, 60% Of the respondents believe these
plans are helPful;'23% said they'wOuld "help Very much," and 37%
said they would "help somewhat.'' (QUeStion 8.) These.'resUits are
Consistent With the emphasis in· the administratibn's' P~ogram on
using civil defense plans and systems to respond more effectively'
to common disasters like floods, hurricanes and tornadOes'.'
A questidn asked in the first Gallup sdrvey on th~ reaction of
citizens to relocati°n advice from local officials was repeated in
this follow-up survey. In the first survey, 47% of th~ people"said
they would be "very likely to follow relocation instructions" in
the event of a threatened nuclear Strike, 24% said theY woUld'be
"somewhat likely" to do so, 9% said they would be~"somewhat
unlikely to comply", and 12% said they would be "very unlikely" to
do s.o.
~-more--
The text of all GallOp questions and data findings appear at the
end of this Backgrounder.
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
Add Two
In the follow-up survey, the results were nearly equivalent.
Forty-nine percent said they would be "very likely" to follow the
plans, 20% said they would be "somewhat likely," and 13% said there
is a "50/50'chance" that they would follow the plans, (Question
9.) In a related question,'half'of the respondents say they may
leave home on their own without waiting for local .officials' advice
in such a situation. (Question 10.) '.. ·
Regarding the threat of a peacet~rte disaster, 58% of'the adults
surveyed said they would be very (44%) or somewhat (1'4%) likely to
leave on their own if they heard that a disaster other than war
threatened their community. (Question 3.)
The Gallup poll also dealt with the possibility of nuclear.war-_
somewhere in the world within the next five years. Half of the
adult respondents believe there is at least a "50/50 chance" that
it might occur, while 44% believe it is unlikely to occur.
(Question 6.)
The questions used in Gallup's-civil defense survey and a
summary of its findings follow.
--more--
BACKGROUNDER: RESULTS OF SECOND GAT3JUP CIVIL DEFENSE SURVEY
Add Three
GALLUP'S SURVEY ON CIVIL DEFENSE
AUGUST - SEPTEMBER 1982
QUESTION 1
As best as you can recall, what types of disasters, if any, has
your community ever experienced that made it necessary to
evacuate some or all of its residents?
6% - Hurricane
7% - Tornado
17% - Flood
· 3% - Dam failure
1% - Earthquake.
4% - Chemical/toxic materials accident
6%.- Fire..
2% - Gas line break
4% - Other .- ..
62% - None or don't know
QUESTION 2' ·
What types' of emergencies or disasters, if any, have made it
necessary for you or other members of your household to
evacuate your home?
2% - Hurricane
2% ~ Tornado
2% - Flood
.2% - Dam failure
· 3% - Earthquake
· 5% - Chemical/toxic materials accident
4% - Fire
.5% - Gas line break
1% - Other
89% - None or don't know
QUESTION 3
Suppose you heard that some sort of disaster--other than war--
threatenedlyour community and that it might be necessary for
you to evacuate your home. How likely would you be to leave on~
your own and go someplace safer without waiting to be told to
leave by officials?
44% - Very likely
14% - Somewhat likely
18% - About a 50/50 chance
8% - Somewhat unlikely
13% - Very unlikely
3% - Don't know
--more--
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
Add Four
'QUESTION 4
I'm going to read you a list'of disasters that might or might
not occur in your area. FOr each one I would like you to tell
me how likely it is that it might occur in the area where you,
live within the next five years.
TYPE OF
DISASTER:
VERY SOMEWHAT 50/50 SOMEWHAT VERY DON'T
LIKELY LIKELY CHANCE UNLIKELY ~FLIKELY IYEVER KNOW
Hurricane 12% 8%
Tornado 25% 18%
Flood 16% 17%
Dam failure 4% 5%
Earthquake 11% 10%
Chemical/toxic
materials
accident 17% 23%
Gas line break 19% 29%
Nuclear power
plant accident 11% 11%
6% 13% 44% 14%
9% 12% 28% 6%
9% 15% 33% 7%
5% 13% 52% 18% 4%
8% 13% 42% 12%
15% 12% 23%
16% 10% 18%
5%
8% 14% 41% 12%
3%
4%
4~
QUESTION 5
Suppose the 'nation, including local officials, was well prepared
with plans to deal with these peacetime disasters. How much do
you think these plans would help us cope with a nuclear attack
if one should ever occur?
15% - Help very much'
25% - Help somewhat
23% - Help very little
29% - Not help at all
9% - Don't know
QUESTION 6
How likely do you think it is that a nuclear war might occur
somewhere in the world within the next five years?
13% - Very likely
18% - Somewhat likely
20% - 50/50 chance
19% - Somewhat unlikely
25% - Very unlikely
6% - Don't know
--more--
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
Add Five
QUESTION 7
If there, ever was a nuclear attack, how.likely do you think it
..would be that the area in. which you live would be. the target of
a nuclear, weapon?
31% - Very likely
· .15% - Somewhat. likely. 13%.',~50/50 chance
14% Somewhat 'unlikely
22% .,..Very unlikely
5% ~' Don't know ":
If the nation was well prepared for civil defense against
nuclear attack, including local plans, how much do you think- · ~
- that. would help us to cope withother potential disasters~..-
37% .' Help somewhat -...' ,
!6% - Help very little '
14% - Not help at all
5% - Depends on type of plans (VOLUNTEERED) :.~
6%. .Don't.know:'.. .....
QUESTION 9 :'. ....
Suppose there was a tense international crisis that might lead
to war/nuclear attack*, and you were told that the government
had plans to relocate/try to take care of*'you and yQur family.
How likely would you be to follow those plans, if yourilocal
civil defense officials told you to go?~.: '..
NUCLEAR ATTACK WAR
49% 45%
20%. ~ .... 16%
13% ~18%.
5% 6%
9% 13%
Very likely
Somewhat likely
50/50 chance
Somewhat unlikely
Very unlikeIy
Don't know.
--more--
On these questions Gallup used the word "war" in half of the
interviews~ and "nuclear attack" in the other half, and used the
words "reloqate"/"try to take care of" in the same way. This
was done to test sensitivity to the various terms°
BACKGROUNDER: RESULTS OF SECOND GALLUP CIVIL DEFENSE SURVEY
Add Six
UESTION 10
In a tense international crisis that might lead to war/nuclear
attack, how likely would you be to leave your home on your own
and go someplace safer without waiting for your local civil
defense officials to tell you to leave?
NUCLF_~i~ ATTACK WAlt
33% 34%
16% 17%
17% 14%
11% 9%
19% 25%
4%
Very likely
Somewhat likely
50/50 chance
Somewhat unlikely
Very unlikely
Don't know
QUESTION 11
If you saw your neighbors packing their cars to leave during a
tense international crisis, how likely is it that you would also
leave your home and go someplace else without waiting for your
local civil defense officials to tell you to leave?
32% - Very likely
18% - Somewhat likely
16% - 50/50 chance
10% - Somewhat unlikely
21% Very unlikely
4% Don't know
QUESTION 12
Some people say that building up our civil defense program would
make a nuclear war more likely, because it would make people
think that a nuclear war could be survived like any other war,
or that it might lead the Soviets to think we are preparing to
launch an attack. Other people say that building up our civil
defense program would make nuclear war less likely, because it
would show the Soviets we are prepared. Which comes closest to
the way you feel -- that building up our civil defense program
would make nuclear war more likely or less likely, or do you
think it would make no difference?
17% - More likely
33% - Less likely
42% - No difference
8% - Don't know
-30-
November 1, 1982
Dear Friends:
HENNEPIN COUNTY
TRANSPORTATION
OORDINAIION
PROGRAM
3614 Bn/ant Ay. S.
Minneapolis, MN 55409
827-~ 72~
The Hennepin County Transportation Coordination Program is happy to announce the
awarding of five purchase of se.rvice contracts. The awards create two new transporta-
tion services and help three more to expand. The purchase of service contracts,
totaling $38,239, are divided a~'follows:
$2,000 to the Community Emergency Assistance Program (CEAP) for expansion of
existing services in Brooklyn Center and Brooklyn Park. In addition CEAP will now
offer transportation services to senior citizens living in Osseo. For more infor-
mation, call Barb Green at 566-9600.
$9,649 to the Minneapolis American In~n,'e~nter to provide Indian elders in south
and north Minneapolis with congregate dining and general purpose transportation.
For more information call Don Pewaush at 871-4498.
$5,000 to East Side Neighborhood Service, Inc. for expansion 6f senior citizen
transportation to southeast Minneapolis and St. Anthony Village. The award will
also assist in expanding current service in northeast Minneapolis. For more infor-
mation call Mary Jane Partyka at 781-6011.
$10,125 to North Memorial Medical Center to create the new Senior Ride Program.
This program will utilize existing vehicles to serve senior citizens living in all
of northwestern Hennepin County, including north Minneapolis. For program informa-
tion call Ron Jaroscak at 520-5357. The phone number for rides is 520-5130.
/$11,465 to Westonka Community Services to transport senior citizens living in 10
/~g~m~ties in the west Lake Minnetonka area. In addition, the transportation pro- \
/gram awarded a maxivan leased at no cost to Westonka Community Services. We are very
/grateful to the Volunteers of America for making this van available. For more
information call Cathy Bailey at 472-1600, ext. 248.· /
/
~These programs began transporting seniors in October, with the exception of East
Side Neighborhood Service, which began Novermber 1, 1982. These new services were
made possible through the hard work of the Hennepin County Transportation Coordina-
tion Program Purchase of Service Subcommittee and Advisory Council, which reviewed
all.applications for funding and allocated contract funds. In the next two months
the transportation program hopes to award the remaining $23,721 allocated for purchase
of service contracts. The advisory council and staff are working bard to match thepe..
funds with demonstrated transportation needs in Hennepin County.
We welcome these new services and wish them much success!
.Sincerely,
.,',,,,,;../,_z-.
Rome P. Clinton
Chairman
Hennepin County Transportation
Coordination Program Advisory Council
RPC/GK/kf
Gar'y Kels~ey :'
Program Manager
Hennepin County Tranpsortation Coordination
Program ~ Sponsored by
Senior Citizen Center.., of C;realer ]'~]inneapoJis. In(.
AGENDA
Minnehaha Creek Watershed District
November 18, 1982
St. Louis Park City Hall
7:30 p.m.
Call .to order; present, absent, staff.
Reading and approval of minutes of regular meeting of
October 21, 1982.
Approval or amendment of November 18, 1982, agenda°
Hearing of permit applications.
82-06 Terry A. Juliar - place fill in an existing
boat harbor and restore old shoreline with rip-rap
shoreline erosion protection, Jennings Bay, Lake
Minnetonka, Minnetrista.
B®
82-101 LarrylBader - grading and drainage plan for
5 single family homes and outlot, Riveria Lane South
at Yellowstone Trail, Shorewood.
82-108 Richard Olexa - rip-rap shoreline
improvement and maintenance of existing rip-rap, north
shore of Halsteds Bay, Lake Minnetonka, Mound.
82-109 Jan Bruinooge - maintenance of existing
rip-rap shoreline erosion protection, Upper Lake, Lake
Minnetonka, Tonka Bay.
82-110 City of Mound - maintenance dredging to
remove material deposited by storm drain, Priest Bay,
Lake Minnetonka, Mound.
82-111 City of Mound - maintenance dredging to
remove material deposited by storm drain, Emerald
Lake, Lake Minnetonka, Mound.
Ge
82-112 Hedberg and Sons - grading and drainage plan
for two office-warehouse buildings in the Hedberg
Industrial Park, Lot 2, Block 4, east of County Rd 73
north of Minnehaha Creek, Hopkins.
82-113 Omni-Shelter Incorporated - grading and
drainage plan for a commercial building, 4000
Shoreline Drive, Spring Park.
82-114 George Beck - 50' of rip-rap shoreline
erosion protection, Crystal Bay, Lake Minnetonka,
Orono.
82-115 City of Minnetonka - Meadow Lane West street
connection, Minnetonka.
®
82-116 Joseph N. Boyer - maintenance dredging of
Boyer Bay, shoreline erosion protection using rip-rap,
south shore of Halsteds Bay, Lake Minnetonka,
Minnetrista.
Correspondence.
Hearing of requests for petitions by public for action by
the Watershed District.
Reports of Treasurer, Engineer and Attorney.
A' Treasurer's Report - Mr. Carroll
(1) Administrative Fund Report
B. Engineer's Report - Mr. Panzer
(1) Headwaters Control Structure - Management Policy/Operating Procedures
- Winterizing
(2) Water Maintenance and Repair Fund
- Request from City of Medina for Payment
(3)
Hydrodata Collection
- Volunteer Lake Level Monitoring
· .- Rain Guages
(4)
(5)
CP-7 West 44th Street Dredging
- Status Report
Upper Watershed Improvement Project
- CP-5 Painter Creek
- Engineer's Report
C. Attorney's Report - Mr. Macomber
Unfinished Business.
ae
B.
C~
D.
Rule and Regulation Revision/Chapter 509
D%strict Initiated Maintenance Projects
Bridge Obstruction
Draft Permit Application Guidelines
New Business.
10. Adjournment.
:IRST NATIONAL-SOO LINE CONCOURSE
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612)
November 1, 1982
Newsletter
File: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
We have, perhaps, turned the corner with one of the sharpest market improvements on record with huge
price increases for stocks, bonds - and for precious metals. The Bond Buyer 20-bond, 20-year tax-
exempt yield inUex dropped from 10.98% on October 1 to 9.~5% on October 14. Whether it will continue
probably lies in the November 2 election results.
After January i all new municipal bonds must be registered as to principal and interest and the entire
trade is trying to determine the mechanics and the cost. No doubt there will be a good deal of extra
expense in setting up the registration, printing extra bonds (for future transfers) and compensating
for no-float paying agencies. If the bonds are not registrable the interest becomes subject to federal
taxation according to the new federal law.
This focuses on the larger question of whether, constitutionally, the federal government may tax obli-
gations of the states and their subdivisions. By acquiescing step by step, allowing the federal gov-
ernment to tax 15% of tax-exempt income and, now, the tax penalty, have the states, their cities,
school districts, and counties, granted the federal government the right to tax them?
In the last few months Ehlers and Associates initiated some developments which may interest you.
Cedar Falls, Iowa, sold $15.15 million general obligation hospital and sewerage system bonds at a net
rate of 10.37% and $3.025 million sewerage system revenue bonds at 10.59%. The hospital bonds ($7.5
million) were approved by 74% of the electors.
Battle Creek Township, Michigan, completed a $5.2 million non-G.O., AMBAC-insured, tax increment finan-
cing through a semi-public bond sale. We were able to structure the issue with assurances such that
AMBAC could place the insurance before the incremental taxable property was in.place. Some of the pro-
tections provided should be examined even when issuing general obligation tax increment bonds.
The Marquette, Michigan, Board of Light and Power sold $4.5 million seasonal fuel supply notes, AMBAC
insured, for a net rate of 5.85%. Also, the Board sold $9 million, 20-year electric revenue bonds to
complete its $60 million generating plant.
We have developed a plan whereby a local government selling aid or tax anticipation certificates can,
simultaneously, lock in the investment of proceeds. Especially important when issuing short-term cer-
tificates, if investment earnings are an integral part of a construction program, it may also be impor-
tant to insure investment yields when selling long-term bonds. Issuers might wait for and possibly get
a better yield by waiting 30 to 40 days to the bond delivery but yields can and have declined in the
interim and the safest route may be to lock in an investment yield.
Governments should re-examine repos (repurchase agreements) as investment vehicles. "Repos" are where
a holder "sells" securities and agrees to repurchase them at a future time at a price which will afford
an agreed return. It has been held that holders of repurchase agreements did not own the securities
but, rather, had a security interest for a loan (deposit). Thus, the securities to be "repurchased"
were part of a financial institution's assets in bankruptcy.
Where a state has imposed levy limits, cities must become much more aware of techniques with which to
augment and better use general fund revenues. We've conducted a number of seminars on this subject and
expect to have others with refined materials. Look for the announcements. If you have any general
fund enhancement experience which you would care to share with other local governments, we'll be happy
to recognize your contribution.
Very trul~ours,
EHLE SS I S
.THoI,4AS WURST, P. A.
CURTIS A. pEARSON, P. A.
~OSEPH ~. HAHILTON. ~ A.
THOMA~ ~. UNDERWOOD.
~OHN ~. BOWOEN
LAW OFrlC£$
WURST, PEARSON, HAIv~ILTON, LARSON & UNDERWOOD
A IIA~TNERSI"IIIIII OII* ~O~EIIIONAL AilOClATIONI
I100 FIRST BANK PLACE WEST
MINNEAPOLIS~. MINNESOTA 5540~
November 18, 1982
City Manager
City of Mound
5341 Maywood Boad
Mound, Minnesota 55364
Lost Lake Property
Pursuant to the d~ rect/on of the City Council at its meeting on
November 16, 1982, .I have prepared a Purchase A~t for Lots 35 and
37 in the Lost Lake area. The' Agreement is very .S~ple in that it
req~3{.me.s a $10,000.00 down payment and the' balance by February 18th,'
which would be the 90 days. The City agrees to execute and deliver a
Quitclaim ~ to Mound Trolley Boat Center Inc.
I am ser~4ng you'- four copies of the Purchase Agreement for
execution by yourself and the ..Mayor. I t/~n' suggest' that you t~ke
the four executed copies to Mr. Koeni'g and have he' ~ another' officer
of Mound Trolley Boat Center Inc. execute the Agreement and collect the
$10,000.00.
This will al.~o confL~m our telephone conversation of th'k~ morning..
I infon~d you that I had talked to Mr. Koenlg on November' 17th and
infonTed him that I w-as preparing a Purchase Agreement. During the'
course of that conversation I told h/m that I had been contacted by
J~l~e Pbok, an attorney at law, who purported to represent Our Lady of
the Lake Church. Mr. Hook infc~med me that he' thought that he would be
filing a Lis Pendens notice with the county regarding this property, and
that .he further thought that the church would be cc~mencir~ a declaratory
judgment action as to their right to a revert_er. You inforn~d me today
that you had met with the chainman of the church council who informed
you that the church would not be cc~Tencing litigation. It was the position
of Mr. Hook on the church that since the 1982 Legislature repealed' Section
500.20, Subd. 2 on March 19, 1982, as a part of Chapter 500 Laws Of
Minnesota for 1982, the reversionary rights of the chUrch were still in
force. That law became effective August 1, 1982. As I explained to you
and the City Council, we w~re aware of the repealer but once the rights
terminated on January 7, 1982, we did not feel that the subsequent action of
the Legislature reinstated any rights that the church might have to the property,
foj-
WURST, PEARSON, HANIILTON, LARSON & UNDERWOOD
Mr. Jon Elam
City Manager
Page Two
November 18, 1982
I rec~L,~end that we proceed ~n the basis of the Council action and
in accordance with the agreement reached at'the Council meeting on
November 16th. I therefore suggest that you get the Mayor to in~a~ely
sign the doc~r~n~ and make arrangements to discuss the Purchase Agreement
with Mr. Koenig.
City AttOrney
cc: Mr. William R. Koenig
Mound, Minnesota, November
, 1982
REIIEIVED OF Mour~ Trolley Boat Center Inc. the s~n of Ten Thousand ar~
00/100 ($10,000.00) DOT.I~/qS as earnest money and in part payment for the
purchase of property at Shoreline Boulevard, Mound, Minnesota situated in
the County of Hennepin, State of Minnesota, and legally described as follows,
to-wit:
LOTS 35 and 37, A~tors Subdivisic~ Number 170
all of which property the undersigned has this day sold to the buyer for the
sun of One Hundred Fifty Thousand ar~ 00/100. ($150,000.00) DOLTA~S, which
the buyer agrees to pay in the following manner: Earnest money herein paid
$10,000.00 and $140,000.00, cash, on or before February 18, 1983, the date
of closing. ~.
/
Subject to performance by the buyer the seller agrees to execute ar~
deliver a Quitclaim Deed.
The buyer shall pay the real estate taxes due in the year 1984 and any
unpaid installments of special assessments payable tb=_rewith and thereafter.
Seller warrants that real estate taxes due in the year 1984 will be
no--stead classificat/on.
N~ither the 'seller nor the seller's agent make any- representation or
warranty whatsoever concerning the amount of real estate taxes which shall be
assessed ag '..a/nsf the property subsequent to the date of purchaSe.
The seller further agrees to deliver possession not later than' the date
of closing provided that all conditions of this agreement have been ccmplied
with. Unless otherwise specified thiS sale shall be closed on or before 90
days frc~ the' date hereof.
The delivery of all papers and monies shall
be made at the office of:
The City of Mound
5341 Maywood Road
Mound, Minnesota
We, the undersigned, owners of the above
land, as authorized by the City Council,
do hereby approve the above agreement
and the sale thereby made.
We hereby agree to purchase the said
property for the price and upon the
ten~ above mentioned, and subject to
all conditions herein expressed.
CITY OF MCL~ND
M~JND TROLLEY BOAT C~I~fER INC.
By. (~aL)
Its .Mayor
By.. (SEAL)
Its
By (SEAL)
Its City Manager
By (S~L)
7
WILLIAM R. KOENIG
JAMES G, ROBIN
Koeni§ & Robin
ATTORNEYS AT LAW
2305 COMMERCE BLVD,
MOUND, MINNESOTA 55364
TELEPHONE 472-10~0
AREA CODE 612
PETER W. JOHNSON
November 23, 1982
City Council
City of Mound
5341 Maywood Road
Mound,'MN 55364
Attn: Jon Elam, City Manager
RE: Lost Lake Property
Gentlemen:
I now have in my office the Purchase Agreement for Lots 35 and 37
in the Lost Lake area submitted to'this office by the City of Mound.
As you may recall, on the hearing of the 16th, Mro Pearson pressed
to have the Purchase Agreement signed and delivered immediately
following the meeting. I told the Council and Mr. Pearson at that
time that we would not immediately sign that Purchase Agreement for
two obvious reasons. The first reason happened to relate to a call
I received about 4:00 the afternoon of that meeting, from the PCA,
indicating to me that there might be some involvements in the Lost
Lake area as a result of illegal dumping by Tonka Toys. This was our
first knowledge of this matter, and it is quite obvious, that if we
purchase the property and were substantially delayed in moving ahead
with our construction program due to interference by the PCA, we
would have some problems. I so advised the Council. The second
aspect is that it was on the day of the meeting that I received a
copy of the Title Opinion of Mr. Pearson, indicating that it was his
opinion that the City owned the property and that the Catholic Church's
rights to any portion or part of the property had been resolved by
reason of the application of the thirty-year provision set forth in
500.20 Subd. 2. Obviously, I had no opportunity to check on the
response the Church was to make with regard to that Opinion prior'to
the meeting.
As I indicated at the meeting, we are prepared to pay $150,000.00 for~
the property, but we want to be assured that we are obtaining title
to the property even though the property may have some other title
defects that may need clearing by torrens or action to determine
adverse interest, etc. We were willing to take on those obligations.
However, we are not willing to pay $150,000.00 to the City of Mound
only to have it determined later that the opinion of Mr. Pearson is
wrong and then be obligated to pay another $150,000.00 to the Catholic
Church to acquire the total interest in the property.
City Council
November 23, 1982
Page Two
The issue as to title lies between the Catholic Church and the
City of Mound. I believe it was incumbent upon ~lr. Pearson to
advise the Council in executive meeting and, most certainly in the
open meeting, that there might be a question as to title. It is
basically unfair to the parties interested to conceal the fact that
perhaps the City of Mound might not have an absolute title to transfer
to the buyers. Had we proceeded immediately on that evening to
simply sign a Purchase Agreement with the City of Mound for a quit
claim deed and had paid over the consideration, the Council and the
City could well have taken the position that all we were buying was
a quit claim deed, and if we inherited a battle with the Catholic
Church, that's too bad. I am sure that is not what.the Council in-
tended. I am sure the Council was relying on the opinion of Mr.
Pearson that absolute title rested with the City of Mound even
though the title had some title defects to be cured° My under-
standing is, from some of the Council members contacted, that no
mention of the possibility of a controversy over Mr. Pearson's
opinion was ever raised by Mr. Pearson at that meeting, and cer-
tainly not to the open meeting.
In a subsequent conversation with Mr. Pearson, I suggested to him
that the City of Mound and the Catholic Church agree to both join
in executing a quit claim deed to the group I represent, and that
the monies received therefrom be put in escrow. It could then be
subsequently determined by litigation between the Church and the
City as to who might be entitled to that sum. Mr. Pearson said he
would not make such a recommendation to the City.
You can see the untenable position we would be in if we were to
proceed and purchase this property from the City and then find
ourselges faced with the Church's substantiating their claim that
the repealing of 500.02 by the Minnes6ta Legislature in effect
preserved their right of reverter to the property. That would
simply mean that we would then have to honor our option to purchase
from the Catholic Church for an additional $150,000.00 which, con-
sidering the cost of cure of this property, would make it an im-
possible situation.
We would hope that the Council would give some immediate attention
to this matter. We feel that the development of this project will
be extremely beneficial to the town, and that progress should not
be impeded by the question of entitlement to the purchase price of
the property. I believe it is agreed by both the Church and the
City of Mound, considering the cost of cure, that the purchase
price offered of $150,000.00 is more than a fair price.
Thank you.
Very truly yours,
William R. Koenig
WRK/ms
'league of minnesota oities
November 19, 1982
TO:
Mayors, Managers, Clerks
FROM: Peggy Flicker, Pete Tritz, Don Slater
RE: State Budget Deficit - Impact on Cities
Summary
The state faces a sUbstantial deficit in its current budget. Because of this deficit,
the December payments of local government aid, homestead credit reimbursement, and
other miscellaneous aids and credits are in jeopardy. '-
I. The Problemand Possible Solutions
The state budget faces a deficit estimated to total $312 million by the end of this
biennium, June 30. The state must balance its budget by that date. Possible solutions
include tax increases, expenditure cuts, and shifts of expenditures into the next
biennium; most likely, some combination of all three will be adopted, but at this time
we have no idea what that combination might be.
To get an idea of the magnitude of the problem:
-If the state were to balance the budget solely through cutS in expenditures,
and the cuts were spread equally over all budget amounts not yet spent, it would result
in about a 29% cut in all items. Since the only substantial state payments to cities
remaining in this biennium are the December aid and credit payments, this would translate
into a 29% reduction in these payments to each city. Note: Unlike last year, these
would be cuts, not delays.
-If__the state were to balance the budget solely through tax increases, it would re-~
quire the sales tax to be increased to 7% and an additional income tax surcharge of
18% from January I to June 30 to raise enough revenue.
Cities are scheduled to receive in December local government aid payments totalling
$34.2 mi~llion; homestead credit reimbursement totalling $13.2 million; and miscellaneous
aids and credits of $2.0 million. These are the only substantial state payments to
cities remaining to be made in this state biennium. Therefore, these payments must be
considered vulnerable to cuts, or possibly even total elimination.
(over)
I 83 university avenue ease, sC. paul, minnesota 55 i Oq (61 2) 227-5600
II. The Process
A special session of the legislature has been called for 'December 7. The Senate
Tax COmmittee will hold a hearing on November 29 at 10:00 a.m., in Room 15 of the
state capitol. The League will testify at that hearing. There will also be many
informal meetings among legislators and the Governor's office between now and then.
Both the Governor and the legislative leadership hope to reach agreement on a
solution before the actual date of the session.
III. What Should Cities Do
1. Contact Governor Quie's office, and your senator and representative. (Be sure
to contact the incumbent legislators; the newly elected legislators do not take
office until January.) Stressthese points:
-The difficulty of making budget cuts in the laser month of the city's fiscal year.
-The fact that cities have budgeted and acted in reliance upon the state's
promise of aids.
-The need for the state to maintain some credibility with cities~
-The specific problems which total or partial cuts in the December aid or credit
payments would cause in your city.
-Emphasize that cities understand the seriousness of the s'tate's problem, and
are willing to cooperate to the extent possible, but at the same time the state
must recognize the gravity of the impact of last-minute, cuts. ·
2. Develop a .plan for dealing with a possible significant cut in the December aid and
credit payments. Unfortunately, it is too early to make any guess as to what per-
centage such cuts might be. ~
3. Attend the Nov. 29 Senate hearing if possible. If no, let us know what partial
or total cuts i nthe December aid and credit payments would do to youn city.
PF:PT:DS:ara
I
OF NOTE
A WEEKLY REPORT ON BUSINESS DEVELOPMENTS AROUND THE
NATION
Re g centers open
as induStrial plants close
'WASHINGTON -- As bu2~words go, job training is
having a heyday. Local governments trying to help the
jobless are settin8 up outplacement centers, displaced-
worker assislance programs and retraining counselin8
With almost 1,000 plants in C~ltfornia closed since
1980, the state has been a leader in getting the private
' sector to help out. In Ontario, General Electric Co. ~
1012 of the United Electrical Workers and the State Job
Service set up a re-employment center across the street
from a dosed GE plant. The Council o! State Governments
reports that Colgate Palmolive Co., General Motors Corp.
the United Auto Workers, the Sacramento Private Industry
Council, Del Monte Corp. and Kaiser Steel Corp. have
joined the growing business'and government effort to help
the unemployed re-enter the work force. Programs range
from vocational trainir~g to teach~ workers how to write
resumes and sell theft skills to indtlstfles.
Just as unemployment flsuresare reaching new tttgt~
December marks the end of the federally funded jobs pro-
~am under the Comprehensive Employment and Tl~iuir~
Act.. The National Association of Counties sa~s 9 million
people have worked their way out of welfare and federal
say they don't know exactly what CETA's replacement, the
new Job ~ and Partnership Act programs, will
More than 1,200 local administrators will be looking
for strategies at the National Association of Counties
conference on employment policy, which opens Sunday in
Los Angeles. "We still are tryin~ to come together on the
role for local government," says NACO spokeswoman
Stephanie Drea. But their purpose is clean. "Helping
displaced workers find jobs..In llsht of today's economy,
that's ave, ry vital service we can perform."