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83-03-15 CITY OF MOUND Hound, Hinnesota AGENDA MOUND CITY COUNCIL REGULAR MEETING Tuesday, March 15, 1983 7:30' P.M. - Council Chambers 1. Minutes of March l, 1983, Regular Meeting 2. PUBLIC HEARING - Case #83-101 Hearing to amend the Zoning Map, Mound City Code by removing property located on Lots 16 & 17,.Block 3, Shirley Hills Unit "A" (2340 Fernside Lane) from the Residential R-2 District and adding it to. the Residential R-3 (Two-Family) District 3. Case #83-106 - Ron Gehring - MontgomerY Road & Tuxedo Blvd. - Lots 3-8 & 11-13, Block 9, Avalon including ½ of vacated Glamorgan'Road Subdivi~pn o.f .P. roperty 4. PUBLIC HEARING - Case #83-107 Hearing to consider a ~equest for a Conditional Use Permit for Zero Lot Line Twinhomes on Lots 1,2,3,4,5,6,14 &15, Block 9, Avalon 2851-2857 and 2863-2869 Tuxedo Blvd. 5. Case #83-111 - Duane Barth - 4317 Wilshire Blvd. - Part of Lot 1, First Rearr. of Phelps Island Park 1st Div. - Existing non-conforming lot requiring a lakeshore variance (Granted, 1960) Variance 6. Case #83-112 - Mike Hilbelink - 4877 Hanover Road - Lots 7,8,9 & lO, Block 16, Devon Subdivision/Lot Split 7. 5421 Manchester Road - Re: Resolution #82-236 8. Comments & Suggestions from Citizens Present 9. Pay Request - 1981MSA Street Project - John Cameron 10. Disaster Mutual Aid Agreement for Building Inspection Services 11o A~plication for Bingo Permit - VFW Post #5113 & Auxiliary 12. Cable T.V. Hearing - Confirm Hearing Date of March 21, 1983, at 7:30 P.M. 13. Revise 1983 Budget for reflect Hospital & Dental Insurance Costs. 14. Approve Quotation for Upgrading Sewer Lift Station #A3 (Sunset Road) - Hanson Pump Service Co. - $8,036.00 15. Water Utility Bills Work-Off Pg. 473-477 Pg. 478-484 Pg. 485-493 Pg. 494-510 Pg. 511-516 Pg. 517-521 Pg. 522-524 Pg. 525-528 Pg. 529 Pg. 53O Pg. 531-537 Pg. 538-539 Pg. 540-544 Pg. 545-547 Page 471 16. 17. 18. Request for a Farmers Market in Parking Lot across from Moy's Payment of Bills Information/Miscellaneous A. Letter from City Attorney on Status of Legal Affairs in the City B. Post 398 - Gambling Report C. Mill Rate for Hennep|n County D. Report on Homelessness and Hunger in Minnesota E. Westonka Chamber of Commerce Newsletter F. Ind. School Dist. #277 Minutes G. Lake Minnetonka Mayor's Association · H. Express Notes - Hennepin County I. Congressman Sikorski: Note on Town Meetings J. Humphrey Institute March Newsletter K. Newsclippings Pg. 548 Pg. 549 Pg. 550-553 Pg. 554 Pg.' 555-556 Pg. 557-563 Pg. 564-565 Pg. 566-567 Pg. 568-571 Pg. 572-573' Pg. 574 Pg. 575-576 Pg. 577-578 Page 472 ADDENDUM TO THE AGENDA: March 15, 1983 Approval of Final Plat - Langdon's Landing Subdivision Pg. 524-a -524-1 . 38 March l, 1983 REGULAR MEETING OF THE CITY,COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of'Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on March.l, 1983, at 7:30 P.M. Those present were: Mayor Bob Polston, Councilmembers Gary Paulsen, Russ Peterson, Gordon Swenson.. Oouncilmember Charon arriVed late at 7:40 P.M. Also present were: City Attorney Curt Pearson, Ci'ty Manager Jori Elam, City Clerk Fran Clark and the following interested citizens: Mr. & Mrs. John Wagman. The Mayor opened the meeting and'welcomed the people in attendance. MINUTES .. The Minutes of.the February 22, 1983, Regular Meeting were presented for consideration. Swenson' moved.and Peterson seconded a motion to approve the Minutes of the February 22, 1.983, Regular Meeting, as presented. The vote' was unanimously in favor. Motion carried. WATER FUND REPORT The City Manager went oger the financial report covering the Water Fdnd as of December 31, 1982, and stated that it appears'we have adequate capital t° begin to undertake the Island Park.water improvements as outlined by George BOyer'in'January, 'The Staff is therefore..recommending that the C60ncll .authorize Mr. Boyer to prepare specifications and the necessaEy bid docu~ent~ covering the IP-2 alternative: 1. Booster Pump Station '' .2. 2,700 L.F. - 8" DIP 3. 250,O00 Gall'on. Standpipe The Council all agreed that this will-not only help the pressure problem on · the Island but will a'lso'~provide 250,O00 gallons~fwater stored on the Island as a reservol.r, for fire fighting. The City'Manager stated that the Finance DirectOr has suggested selling bonds for this project and investing the available money because the interest rate on municipal bonds is down' right now. The Ci.ty Attorney suggested waiting to decide on a way to fund this project until the bids come in because it appears the interest rate will drop even lower. Swenson moved and Peterson seconded the following resolution: 'RESOLUTION #83-35. RESOLUTION AUTHORIZING THE PREPARATION OF SPECIFICATIONS AND THE NECESSARY BID DOCUMENTS FOR THE IP-2 -ISLAND'PARK WATER SOURCE IMPROVE- MENT The vote was unanimously in favor. Motion carried. The City Manager stated that the Water Dept. is trying to reduce the number of est-lmated water meter readings and they would like to charge $5.00 to the customer when a card is left because the meter~reader could not get into the house and the customer has not called or mailed in the reading. 973 March 1, 1983 Mayor Polston stated that he was not in favor of this because he felt the City has a'responsibility to read the meter. Counci'lmember Swenson stated that he thought the $5.00 charge was a reasonable request. The City Manager explained that the reason they want to cut down on the estimated bills is that after it is est'imated several times and then actually read, the customer often ends up with a large bill that is hard for them to pay. Swenson. moved ~nd Paulsen seconded.the following resolution. RESOLUTION #83-36 RESOLUTI'ON AMENDING RESOLUTION #82-307 - RELATING TO WATER RATES - ADDING A $5.00 .CHARGE TO RE-SEND SOMEONE OUT TO READ A WATER METER The vote was unanimously in favor' 'Motion carried. Councilmember Charon arrived at '7:40 P.M. MINNETONKA BASS CLUB ANNUAL FISHING CONTEST The City Manager explained that. the City has been asked to approve the- , Minnetonka Bass Club condUcting a fishing contest again at the Surfside. They have applied for the required DNR permits and notified the Water Patrol. Swenson moved and Peterson seconded a motion to ~pprove the Minnetonka Bass . Club conducting the annual fishing contest at the Surfside on :June"Il, 1983. The vote was unanimously in favor. Motion-carried. '- ... The'City Manager will notify the'Bass Club of the construction work going on in Mound Bay Park and that they may have limited dockage. 'BINGO PERMITS Swenson moved and Paulsen secon'ded a motion to authorize the issuance of Bingo Permits to American Legion Post #398 and the Mound Fire Department Auxiliary, waiving the fees and bonds. The Leglon Permit is a yearly permit. The Fire Dept. Auxiliary Permit is .for March 29, 1983. The vote was unanimously.in favor. Motion carried. CIGARETTE LICENSE RENEWALS Swenson mo~ed and Peterson seconded the following resolution: RESOLUTION #83-37 RESOLUTION TO AUTHORIZE THE ISSUANCE OF CIGARETTE LICENSES TO CERTAIN MOUND BUSINESSES The vote was 4 in favor with Councilmember Charon voting nay. Motion carried. GARBAGE AND REFUSE LICENSE RENEWALS CAa'ron moved and Peterson seconded the following resolution. RESOLUTION #83-38 March 1, 1983 RESOLUTION TO AUTHORIZE THE ISSUANCE OF GARBAGE AND'REFUSE LICENSE RENEWALS The vote was unanimously in favor. Mo~ion carried. AGREEMENT WITH IND. SCHOOL DIST. #277 - LIFEGUARDS & YOUTH The City Manager explained that the Park Commission has recommended approval with 4 minor changes. One, in the scheduled hours for Mound Bay Park which should be 11 A.M. 'to 7 P.M., the other 3 are clerical changes. Peterson moved'and C~aron seconded a motion to approve the Agreement with the Community Services Dept. of Ind. School Dist. #277 regarding the lifeguard · services for the Summer Of !.983 that was recommended by the Park Commission with the changes they suggested, in their Minutes:of February 10, .1983. The Kote was unanimously in faVor. Motion carried. The City M~nager then explained that the Council also needs to approve the expenditure pf $600.00 for the Youth Employment Service provided jointly by the City and'Community Services. It is'a public service that assists adults who are looking to help with odd jobs and provides young people with the opportunity to earn some money.doing the odd job in their neighborhoods. The 56OO.OO is for staffing, telephone and supplies, etc. · Charon moved and Paul'sen seconded a motion to approve the expenditure'of '~ 56OO.OO.for the Youth EmPloyment Service to Community Services. The vote was unanimously.in favor. Motion carried. 1982 BUILDING REPORT The City Manager reported that there were 263 building permits, issued'in 19~2. ~.32 were.new home construction, 3 duplexes, 1 commercial, and 227 remodeling jobs for a total estimated value of 52,996,701. Income generated from these' permits and all the licenses the City issues was $47,382.29. Expenses were 554,882.12 leaving a deficit of 57,499.83. He suggested we look at the li'cense and permit fees we are charging and see if they need to be increased. One reason for an increase in the fee for a variance or conditional use permit is that as of 1983 the City is required to file these with the County and the City will be responsible for the filing fees. The City Attorney stated that this requirement was sliPped' into the municipal planning act during the last legislative session.. He has contacted Representative Bill Schreiber. and asked him to review this because it does not provide any advantage to the city and adds only bureaucratic regulations and duties which are non- productive and take a great deal of administrative time. He suggested that the Council write letters.to Senator Gert Olson and Represenative John Burger asking them to work with Bill Schreiber on repealing the above items. PAYMENT OF BILLS Swenson moved and Charon seconded a motion to approve the bills as presented on the pre-list in the amount of 54,695.40, when funds are available. A' roll call vote was unanimously in favor. Motion carried. S'ET DATES FOR PUBLIC HEARINGS - PLANNING COMMISSION ITEMS The City Manager stated that the Planning Commission has recommended setting 41 March l, 1983 a date for the public hearing on Westonka Elderly and Handicapped Housing conditional use permit to allow multi-family housing in a B-1 Central Business district. The Staff is suggesting April 5, 1983. Swenson moved ~nd Paulsen secOnded a motion to set April 5, 1983, at 7:30 P.M. for a public hearing on a Conditional Use Permit request for the Westonka Elderly & Handicapped Hous'ing. The vote was unanimously in favor. Motion carried. Also on.the-last Planning Commission Agenda was a request to rezone' certain property in Lost Lake (PID #24-117-24 22 O018).from R-1 Single Family Resldentail to R-3 Two Faml.ly Residential. The Planning'Commission recommended denial,.but owners still have':the right to ask for a public hearing and appear before the City Cbuncil 'if they choose. The ~ity Manager thought the owners might withdraw .their application. Swenson moved and Peterson seconded a motion, to set April 5, 1983, at 8:00 P.M. for a public hearing on the rezoning of PID #24-117-24 22 O018 from R-1 to ~-3, if the owners do not withdraw their application. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions 'from the ci~izen~ present. There were none. MISCELLANEOUS/INFORMATION -' A. 'Tonka Corporation Earnings for 1982 - e. rticle from the Mpls. Tribune. B. "The Molting of America"- article from November 1982, Forbes Magazine. C. CoPy of Survey to be sent out 'to all Building Permit holders from 1982. D. Ehlers and Associates - Newsletter for March 1983. Swenson moved and Charon seconded a motion'to adjourn at 8:20 P.M. The vote was unanimously in favor. Motion carried. Jori Elam, City Manager Fran Clark, City Clerk BILLs MARCH 1, 1983 Air Comm Feed-Rite Controls Sharon Legg City of Mound Munl ci-pal s Northland Electric Supply N.S.P. Popham, Haik, Schnobrlch Pitney Bowes Credit Reo-Raj Kennels Real One Acquisitions. City of Richfield Sterling Electric Co.' T & T Maintenance Thurk Bros Chev. Van Waters'& Rogers 13.80 915.00 7.00 35.00 5.00 139.86 118.25 1,289.81 26.00 394.00 84.08 635.00 134.70 54.25 485;45' 358.20 TOTAL BILLS 4,695.40 Case No. 83-101 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of January 31, 1983: Board of Appeals Case No. 83-101 Location - 2340 Fernslde Lane Legal Desc: Lots 16 & 17,-Block 3, Shirley Hills Unit A Request: Zoning Map Amendment Zoning District: R-2 Applicant: Dave Moore and Rick Illles P.O. Box 15 Navarre, MN[ Phone: 471-8457/932-9513 The applicant is requesting that the zoning district in which his property lies be .changed from the R-2 single family 6,OOO square foot of lot area to R-3 single and two family, 6,000 square foot of lot area per living unit zoning district. He would then like to remodel the existing walkout structure to allow for a duplex rental of the house. He has attached a site drawing with his application. Pursuant to 23.504.1 which states "Zoning Amendments shall not be issued indis- criminately, but shall only be used as a means to reflect changes in goals and policies of the community as reflected in the Comprehensive'Plan or changes in conditions in the City." The R-3 and R-4 zoning districts to each side of County Road 15, to the north of the property in question, are designed to be buffer zones to the single family R-2 and R-1 proceeding to the south. The Code Section 23.610.5 for lot area, width and yard requirements for the R-3 district (or R-2) will be met"~ even if a two car garage would be attached. Recommend: T.he Zoning District line running west to east is somewhat of an arbi- trary line with no natural boundaries such as streets, railroad, lake, etc. The present use of the area when I toured the block, tended to be single family homes. The planned use of the district was R-2 under the previous Zoning Ordinance. If we are to seriously consider a Zoning Map Amendment, I feel we should probably re-zone going south on Fernside to Bartlett Boulevard, then proceed east on Bartlett to Montclair (adjoining the B-2 district) then proceed west from Montclair on Shoreline to Fernside and return to the beginning. Although the original platting of the area would not.allow one lot (parcel) large enough for a two-family dwelling, the present trend seems to indicate higher density housing and /or conversions from single family homes to two family homes. .. If the Planning Commission recommends approval, the City Council at their February 1st meeting could set a public hearing. A sug- ~gested date for the public hearing would be February 22nd. Jan Bertrand Building Official JB/ms Dave Moore an~ Rick Illies Case No. 83-101 Case No. 83-101 Zoning Map Amendment'for 2340 .Fernslde Lane Lots 16 & 17, Block 3, Shirley Hills..Unlt A Dave.Moore and Rick.lilies were present. The applicants are requesting ~he Zoning District for Lots 16 and 17,'Block Shirley Hills Unit ~ be changed to R-3 from R-2 so that the existing structure can be remodeled for ~ d~plex. The.abutting properties on north are zoned The Building Inspector explained that there really Isn'.t a natural boundary for the zoning and, if you're going to consider rezoning, her recommendation would be to include the area going south On Fernside to Bart'lett, then Ear'S'to Mont- .clair., from Montclair west on Shoreline to Fernside and back to beginning. The Planning Commission discussed whether ground floor space would count as habitable space? (One room on ground floor would nos be counted as habitable.) Number of doors and size of windows were questioned? Would parking area met the require- ments? (T~re is parking for more than 4 cars.') The'applicants' remodellng plans include putting in lar~ger window and proper d~or downstairs; plans on having one unit upstairs.of approximately 1100 square feet and one.down'.of 800 square feet. The Build!ag Inspector stated that 1. door in each unit iS all that the Buildi.ng Code requires. The 'Chairman stated that the main issue is how the Planning Commission would like to handle the request for a change of Zoning District? ' ' Byrn&s stated that since there are very nice Single family home on Bartlett (R-2 Zoning), he would like.to propose to the City.Council that.they include in the R-3, the property,'the line of which extends'south of the existing down Fernside to the north property line of parcel (Lot) 14 and go in an easterly by. northeasterly direction along the property line to Norwood and using the southerly boundary of R-3 at point and returning to Ferhside. This would include Lots 6, 7, 15, 16 and 17 of. Block 3, Shirley Hil.ls Unit A. There was no second - motion failed for lack of a second. Vargo.stated that he would like to say that it doesn't seem appropriate to re- zone anywhere you want simpl'y because it works out ~ one's advantage. If he 'understahds it correctly, they could let out a ~oom in the house without re- zoning. Vargo .moved and Reese-seconded a motion to recon~end denyihg the request. Byrnes voted against the denial; all others voted in favor. Motion carried. CITY OF HOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) 1. Street Address of Property ~:~3.~/_~ ~-"~,~/~ ~,,~.,,,¢,,,~~ 2. Legal'Des~riptlpn of Property: Lot3 /~-~ j~' /7 ~. Owner'~ Name · CASE .83-],,0~ ,v, Fee Pa Dat~ Filed '/ Block 3. .Day Phone No. " Addres~ e Applicant '(if other than owner): 5- Type. of Request: _ Day .Phone No. 4z7/- ~/?-~-S'~'.9 (.) Variance ( ) Condlti6nal Use Permit ( ) Zonlng Interpretation & Review ( ) Wetland Permit ( ) P.U.D. *If other, specify: ~) - ~,; Present Zoning District .~,'-'~. 7. Existing Use(s) of Property , .8. Amen dmen t ( ~ Sign Permit ( ~*Other Has ah application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property?.. /~ If so, list 'date(s) of list date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all'of the above statements and the statements contained In any required papers or plans to be submitted herewith are true and accurate. I consent to the eh.try In or upon the premises described in .this application by any authorized official of the City of Mound for the' purpose of inspecting, or of. posting, maintaining and 'removing such notices as may be reg~Fre,d, by law. ' . ., .~ Planning Commission Recommendation: TO deny/the request. . Date 1-31-83 Council Act'ion: Regolution No. ~0 Date Procedure for Zoning Amendments (2) Case # 83-101 D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff' and applicable Sections III.An Amendment to .the Zoning Ordinance (Answer either. A or B below) A. It is requested that Section ' ' of the Zoning Ordinance be amended as follows: " Reason for Amendment: Amendment to Map: "It is requested that the property described below and shown on the attached site plan be rezoned'from ~-A ...... to /~-_~' . Address of Property: ~.~3~)' '~P~,/-~]~/.~ '~_.~ Legal-description of property (lot., block, subdivision or metes and bounds} Attach additional sheets, if necessary) Note: Present Use of Property: ~'A/- <D~d~-g/~J .Reason, for~ Amendment: ~z2// ~/'~/~//~ ~/~-~'~,~ ~~ ~~ ~ N6 application of a property owner for an amendment to the tex~ of the ordl- - nance or the zoning map shall be considered by the Planning Commission within one year period following a denial of such request. 3015NW3.=1 CASE NO 83-101 2340 Fernside Lane LOt-~e ose~ Case No. 8.3-106 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of February 15, 1983 'Board of Appeals'. 'Case No. ~ Location: Montgomery Road & Tuxedo Blvd. Legal Desc.: Lots 3-8 & 11-13, Block Avalon including ½ of vacated Glamorgan'Road 'Request: Subdivision of Property Zoning District: Applicant: Pon Gehring 3215 Charles Lane Phone .472-3557 The applicant, Ron Gehring,' is-requesting to divide the above described lots. He has previously been to the Planning Commission on November 29, 1982 (See attached letter, minutes 'and resolution). The attached survey, Exhibit "A",'was approved by Resolution 82-325. The described )ots marked Parcel "F" and "G" he is proposing to change the lot lines. The lot'line between "F" and "G" will be moved to the northeast and the 1/2 of Glamorgan.Road will be. included as part of Parcel "G" and the lot area wil'l be equal in width as close as'.practical. He then could build either single family'or two family dwellings and conform t6 the setback require- ments. The parcels marked "A" and "B" presently has a double bungalow under con- struction on those parcels - see Exhibit "C". Exhibit "B" shows additional lots marked Parcel "C", "D" and ~'E". The applicant previously withdrew'the request to divide this property because he lacked improved public right-of-way.access to Parcel "E" (Lots 7 & 8). Now, he.is requesting to sell Parcel "E" to the abutting neighbor(s) and build on Parcel "C" and "D". He is requesting that he include the green area behind the sidewalk as part Of the required lot area, as was granted for Parcel "A" and "B". If the green area is not included, the parc.el~ would have non-conforming lot area. Recommend: See attached letter dated November 23, 1982 from Rob Ch~lseth. Please note: The vacated Montgomery Road does not apply to Parcel "D". It is owned by Mr. James Evenson at 2879 Tuxedo Boulevard. He has received preliminary sObdlvision approval of his property August 3, ]982, Resolu- tion 82-214 ........ Planning Commission Meeting February 15, 1983 - Page 2 2. Case No. 83-106 Subdivision of' Property at Montgomery Road and Tuxedo Boulevard~'""f~i Lots 3-8 and 11-13, Block 9; Avalon 'including 1/2 of vacated Glamorgan Road . Ron Gehring was present. · ' Applicant ~s requesting {I) redlvlsion of Lots Il, 12 and 13 as sho~n in Exhibit A'Cformerly approved-division'- see Res. 82-325) by moving lot lines to Include 1/2 of the vacated Glamorgan Road in Parcel G and lot line for Parcel F be moved northeasterly to make Parcels G and F as equal as possible; (2) Lots.3, 4, 5 and 6 to be dlvi~ed as shown In Exhibit B (Parcels C & D) and Lots 7 & 8 (Parcel E) to be sold to.an abutting neighbor and (3) that the green area behind the sldewalk be included In Parcels C and D as part of the required . lot area. Reese moved and Byrnes seconded a motion to approve Parcels F and G as requested. The vote.was unanimously In favor. Reese moved and M)erzejewskl:seconded a motion to approve the subdivision of Parcels C' and D With Parcel E to be ~old only to an abutting property PLANNING AND DEVELOPMENT SERVICES, INC. 529 South Seventh Street Suite 535 Minneapolis, MN 55415 612-332-4166 TO: FROM: DATE: SUBJECT: Mound City Planning Commission Rob Chelseth, City Planner~ CASE NO. 83-106 November 23, 1982 Preliminary Subdivision Application Request of Ron Gehring The Gehring preliminary subdivision request includes a proposal to create new lots with street frontage on TUxedo. The applicant proposes to include a portion of that area located within the Tuxedo Street right-of-way easement in calculating total lot area for the.lots fronting on Tuxedo.· In discusSions with Mr. Gehring on November 23, 1982, I raised several points in the zoning ordinance which lead me to believe this procedure is against the spirit and letter of the code. Specifically, 23.302 (61) Lot Area~ Minimum ~efines a lot as the horizontal plane bounded by the lot lines. S~ction 23.302 (64) Lot Line defines a lot line as follows: "The property line bounding a lot except that where any portion of a lot extends into the public right-of-way shall be the lot line for applying this ordinance". This definition, as it currently exists in the Zoning Ordinance, apparently contains a typographical error or inadvertent ommission. I believe the definition was intended to read as follows: "The propertyline bounding a l°t except that where any portion of a lot extends into the public right-of-way, the lot line shall be deemed to be the boundary of said public right-of-way for the purpose of applying this ordinance". . This interpretation is further reinforced in Section 23.302 (121) Yard~ Front, which states that a front yard~is measured along the side lot lines from the abutting street right-of-way line. In other wordS, the Yard, which is the open space on a lot, is not to be calculated using area located in a street right-of-way. In this particular case, it is also important to note that Tuxedo has a total right-of-way of 60 feet, a standard,;if not-slightly smaller, right-of-way for a road of its size and classification. Thus the right-of-way is not unreasonable in .Size or dimensions. Furthermore, given the applicants land holdings, sufficient area exists within the parcel to create lots which conform to the minimum lot area requirements without using right-of-way land by moving the proposed lot lines. In this way a conforming subdivision could be accomplished without a variance or use of right-of-way. For the reasons outlined above, it is my recommendation that the applicant be requested.'to not use land area located within the city's street right-of-way in calculating the total lot area necessary to meet the minimum requirements of the code (6,000 square feet). Varying from this stance will open the city to many potential requests from future applicants seeking to use city rights-of-way, that have been obtained for important publiq purposes, for advancing private proposals. klw FEE OWNER PPLICATION FOR SOBDIVISION'OF LAND Sec. 22.03-a VILLAGE OF MOUND CASE NO. 83-106.. FEE $~ Location and complete legal des~ription of property to be divided: Z,~'/-.~ /!-/~--/;~ :" - To be divided as follows: Z.~,T3 4. r~¢ WE Z o 'i' ,.t . ~ -I-I, ~ ~' ~ (attach survey or scale drawing showing adjacent streets.U~mension of proposed · ' building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. * From Square feet TO Square feet Reason: · EL..o.2_ ? Applicant's interest in the property: . This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: / Gehring owns all lots.' One Parcel. RD~ 4.4 I "I Case No. Exhibit 83-1 O6 - B~ Y o ,/ 8 Exhibit A Case No. 83=106 / / j74 December 21, 1982 Councilmember Polson moved the fol'l.owing resolution. RESOLUTION NO. 82-325 WHEREAS, WHEREAS, WHEREAS, RESOLUTION TO APPROVE THE FINAL SUBDIVISION OF PARCELS "A", "B", "G" AND "F", BLOCK 9, AVALON · CONTINGENT UPON A CORRECTED SURVEY BEING 'SUBMITTED WHICH ·INCLUDES ½ OF THE VACATED GLAMORGAN ROAD IN THE LEGAL DESCRIPTION OF PARCELS "A" r. "G"; THIS.TO BE DONE BEFORE BUILDING PERMIT IS ISSUED the final subdivi-sion of Lots 1-8 & 11-15, Bl~ck ~', Avalon, has been.'submltt~d'!n the manner required for subdivision of' property uhder the City Of Mound.'Ordinance, Section 22.00 and under Chapter 462 of the Minnesota Statutes'and all proceedings .have been duly conducted thereunder, and a waiver has been granted by the City C0uncil'and the'.Planning Commissionhas reviewed the request, and. it is hereby determined.that there are special ci'rcumstances affecting sai'd property'such'that'the strlct.a~plication of the ordinance would deprive the applicant of the reasonable use-of his land; that the waiver is necessary for.the preservation and enjoyment.of a substantial property right; and that granting the waiver wi'l) not be detr!mental .to{the public welfare 'or injurious to.the other property owners, .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY'COUNCIL OF MOUND, MINNESOTA: A. F!nal s.ubdlvlslon.request:#82-156, Ronald S. Gehring,.be approved upon compliance with the following conditions: 1. The division includes the following: PARCEL "A".- Lot 1 of the NEly, t/2 of Lots 14 & 1'5 including 1/2 of the v~cated Glamorgan Road.abutting. .PARCEL "B" - Lot 2 and the SW1y. 1/2 of Lots 14 & 15. ~ ! PARCEL "F" - SWly. )/2 of Lots 11, 12 & 13 '. ' dj J .I PARCE~ "G'~ .NEly. 1/2 of Lots 11, 12 & ]3 ~nc~u ng I/2 of I_~ the vacated Glamor~an Road abutting. .I All in Block 9, Avalon. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner (s) and subdivider (s) after completion of requirements, for their use as required by M.S.A. 462.358. That by Resolution #8~313, it was determined that there are special circumstahces affecting said property and that a waiver was. granted under C'ity Code Section 22.00. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this Resolution in the Office of the Register-of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulation of the City. PROPOSED RESOLUTION Case No. 83-106 RESOLUTION NO. RESOLUTION TO APPROVE THE FINAL SUBDIVISION OF PARCELS "C", '"D", "E", "F", "G", BLOCK 9, AVALON PID 19-117-23 31 0022 AMENDING RESOLUTION 82-325 FOR PARCELS "F" AND "G" WHEREAS, the final subdivision of Lots 3-8 and Lots ll, 12 and 13 including 1/2 of adjacent vacated Glamorgan Road has been submitted in the manner required for subdivision of property under City of Mound Ordinance, Section 22.00 and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly conducted thereunder, and WHEREAS, a waiver has been granted by the City Council and the Planning Commission has reviewed the request and recommends approval, and WHEREAS, it is hereby determined that there are special circumstances affecting said property'that the strict application of the Ordinance would deprive the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: A. The final subdivision request, Case 83-106, Ronald S. Gehring, be ap- proved upon compliance with the following conditions: 1. The division includes the following: Parcel "C" - Lot 3, NEly 1/2 of Lots 5 and 6 (including the green area behind the sidewalk in the required lot area) Parcel "D" - Lot 4, SWly 1/2 of Lots 5 and 6 (including the green area behind the sidewalk in the required lot area).' Parcel "E~:~ Lot 7 a~nd 8 to be combined with _t~I~-=~sJ:~~' ~[The SWI~ feet of Lots 1~7 [2 and 13 Parcel "G" - that part of Lots 11, 12 and 13 lying NWly of the SWly 52.5 feet thereof, and 1/2 of that part of vacated Glamorgan Road lying adjacent to said Lots 11, 12 and 13 All parcels in Block 9, Avalon The newly created building sites owner pay or be assessed any street sewer and water unlit charges. ' That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner(s) and subdivider(s) after completion of requirements, for their use as required by M.S.A. 462.358. D, That it was determined that there are special circumstances affecting said property that a waiver was granted under City Code Section 22.00. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this' Resolution in the Office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulation of the City. CITY OF MOUND Mound, Minnesota NOTICE OF PUBLIC HEARING ON APPLICATION FOR CONDITIONAL USE PERMIT FOR ZERO LOT LINE TWINHOMES NOTICE IS HEREBY'GIVEN that on Tuesday, March 15, 1983, at 7:30 P.M. at' the Mound City Hall, 5341Maywood Road, Mound, Minnesota, a hearing will be held on the application for Conditional Use Permit. for Zero Lot Line Twinhomes on Lots 1, 2, 3, 4, 5, 6, 14 and 15, Block 9, Avalon~ in the Ci'ty of Mound (Part of PID 19-117-23 31 0022). Addresses would be 2863-2869 Tuxedo Boulevard and 2851-2857 Tuxedo Boulevard. All persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, City Clerk Publish in the Laker March 1, 1983 .. Case No. 83-107 CITY OF MOUND .... Mound., Minnesota Planning Commission Agenda of February 15, 1983. ~Board of Appeals Applicant: Case No. ~3-107 Ron Gehring Location: Tuxedo Boulevard 3215 Charles Lane (2863/69 Tuxedo and'.2851/57 Tuxedo). Phone 472-3557 Legal Desc.: Parcel "A" Lots ! and NEly ½ of Lots 14 and 15 and ~ of vacated Glamorgan Road Parcel "B" Lots 2 and SWly ½ of Lots 14 and 15 Parcel 'lC" Lots 3 and NEly ½ of Lots 5 and 6 Parcel "D" Lots 4 and SWly ½ of Lots 5 and 6 Request: Conditional Use - Zero Lot Line Twinhomes Zoning District: R-3 The applicant is requesting that the property described above (see Exhibit D) be allowed to be used as a site for-four single family units with (2) two side yards for each structure to be zero foot setbacks.. The other side yard to have a set- back of 13 feet~. A double bungalow'is being constructed on Parcel "A" and "B" at the present time. Pursuant to the newly adopted Ordinance # 444, it may be allowed only by condition- al use in the R-3 Zoning District subject to the conditions set forth amending Section 23.610.3.· As follows as it relates to "a" through "h". a) Parcel "A" & "B" were nOt divided equally, if the 1/2 of vacated Glamorgan were included in the lot area-of Parcel "A". However, the vacated Glamorgan is not Torrens property and the Platted lots are Torrens property. b) The property lot area must incl'ude the green area behind the sidewalk to comply "with the 6,O00 square foot minimum lot area requirement. I would recommend that surveys be submitted after the foundations have been placed to indicate .the utility connections, lot lines relating to structure location, lot area, legal description of each dwelling parcel, elevations at garage, first floor, lot corner, curb llne at driveway. c) All setbacks are intended to comply with Zoning Ordinance, except one sideyard to be zero foot setback. d) All utilities are to have separate connection from the property line to the structure. e) The structures will be built side-by-side and used as a single family resi- dence. f) Common walls are intended to comply with the Building Code for (2) two one- hour fire rated walls and sound transmission standard. g) The'declarations, covenants, conditions shall be submitted for review and approval by the City Attorney. h) The previously approved subdivision shall comply with Chapter 22 of the Zoning Ordinance. Tentatli.vePublic Hearing date to be March 22, 1983. Jan Bertrand Building Official JB/ms Planning Commission Minutes February 15, 1983 Case No. 83-107 Conditional Use Permit - Zero Lot Line Twlnhomes Lots 1 thru 6 and 14 and 15, Block ~,.Avalon. Ron Gehrlng was present. The applicant Is requesting'conditional use of the property shown in'Exhibit so they allow the sites, to be used for four.single family.units rather than double bungalows and the structures.have zero foot 'setbacks for the common wails. The Building Inspector recommended that a registered survey'be submitted after the bulldings are in pl.ace which woul'd show'the exact 1ocatlon of the foundations. A copy of the covenant should be furnlshed.the'CI~y also. Note: The double bungalow on Parcels designated as A and'B was established before the dividing of the lots so lots'are not of equal size. Byrnes moved and Mlerzejewskl seconded .a motion to approve a conditional use for the building of zero'lot ll.ne twinhomes on Parcels designated as A, B, C and 0 of Exhibit "0". The vote was unanimously In favor. : · . CITY OF HOUND j~... -. _~-" APPLICATION TO PLANNING & ZONING COMMISSION ~treet Add[ess of Property 2~/-S~, L~gal Descriptign of Property: Lotg /-B~ //-I~ ~/o~q ~/o~.. Addition Addres~ ~/~ A~pllcant '(if other than owner): 07 Fee Paid~p~. Do Date Filed Block .~' PID No./~-- //7 -23 ~/ 6)02~_ Day Phone No., Name Day.Phone No. -Address Type. of Request: ( *If other, specify: (.)'.Variance ~ Conditibnal Use Permit ( ) Zoning Interpretation & Review ) Wetland Permit ( ) P.U.D. ) Amendment ~ Sign Permit )*Other Jesent Zoning Oistr.ict '~)-~ '~as an app]$cat~on ever been made for zoning, variance, or conditional use perm~ or other zoning procedure for this property? ~~ If so, .list date(s) of list date(s) of application, action taken and provide Resolution No.(s) Co.p.ies of previous resolutions shall accompany p. resent request. certify that all'of ~he'above statements and the statements contained in any required apers or plans to be submTtted' herewith are true and accurate. I consent to the eh. try In upon the premises descr|bed in .this appllca~ion by any authorized official of the'City Hound for the' purpose of inspecting, or of' posting, maintaining and re~ving such lannlng Comission Recomendatlon: (~2r ~ :ouncil Act'ion: Date Re~olut ion No. Procedure for Conditional Use Permit (2) Case # -/o ? D. Location of: Signs, easements, underground ~tilities, etc. E. Indicate North compass dlrecti'on. F. Any additional information as may reasonably be required by the City, Staf[ and applicable Sections of the Zoning Ordinance. III Request for a Conditional Use A. All information requested below, a site plan as described in Part II, and a development schedule providing reasonable guarantees for the completion of the construction must be prQvided before a hearing will be scheduled. B. Type of development for Which a Conditional Use Permit is requested: I. Conditional Use (Specify): e Current Zoning and Designation in the future Land Use Plan for Mound Development Schedule: 1. A development schedule shall be attached to this application.providing reasonable guarantees for Ch, completion of the proposed development. 2. Estimate of. cost of the project: Density (for residential developments only): 1. Number of structures: ~'~'~'! 2. Dwelling Units Per Structure: ~ a Number of type: Efficiency 2 Bedroom Lot area per dwelling unit: Total lot area: 1 Bedroom 3 Bedroom 2oo IV. Effects of the Proposed Use List impacts the proposed use will have on property In the vicinity, in- cluding, but not limited to traffic, noise, light, smoke/odor, parking, and, describe the steps taken to mitigate or eliminate the impacts. PROPOSED RESOLUTION RESOLUTION NO. 83- Case No. 83-IO7 RESOLUTION TO CONCUR WITH THE PLANNING AND ZONING COMMISSION RECOMMENDATION TO APPROVE THE ZERO LOT LINE TWINHOMES'ON PARCEL "A"- Lot ! and NEly ½ of Lots 14 and 15 and ½ of vacated Glamorgan Road, PARCEL "B" - Lots 2 and SWly ½ of Lots 14 and 15 PARCEL "C"- Lots 3 and NEly ½ of Lots 5 and 6 PARCEL "D" - Lots 4 and Swly ½ of Lots 5 and 6 ALL IN BLOCK 9, AVALON WHEREAS, the applicant, Ron Gehring, has requested, that the above described parcels contain four single family structures with each dwelling to have one (1) side yard zero I'D" feet to the lot line., and WHEREAS, pursuant to City Ordinance # 444, it may be allowed only by conditional use in ~he R-3.Zoning District subject to the conditions set forth under Section 23.610.3, and WHEREAS, pursuant to due and proper notice according to law.and Chapter 23 of the City Code, a public hearing was held by the 15th day of March, 1983, and WHEREAS, the Planning Commission ~as revi.ewed the request and does recommend ap- proval with conditions, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the application for a conditional use permit to construct four single family dwellings. (2 twlnhomes) with one (1) side yard of each structure to be zero (O) feet to the lot llne located on the above described Parcels "A", "B", "C" and "D", PID # 19-117,23 31 0022, is approved subject to the following conditions: Survey of the property.to be re-submitted after the foundations have been placed to indicate the lot line relating to the actual structure location and utility connections (when underground). 2. All other structure ~etbacks are to comply with the R-3 Zoning District requirements. All conditions set-forth in City Code SectiOn 23.610.3 are to be met including the previously approved subdivision of the property, as above described, under City Code Section 22.00. Soo ORDINANCE NO. 444 AN ORDINANCE AMENDING SECTION 23.302 OF THE CITY CODE TO ADD SUBDIVISION.(38A) AND AMENDING SECTIONS 23.410, 23.610.1~, 23.610.3, 23.610.5 AND 23.620.3 RELATING TO TWIN HOMES DWELLINGS AND TWO FAMILY RESIDENCES, ALLOW-· JNG]DIVISION OF SAID PARCELS AND ESTABLISHING REGULA- TIONS- -- The Ci'~ 'of. Mound does ordain': · - - Sec~ion-23,302 of the .City Code is amended to add Subdivision (38A) · which shall read as' ~oll'ows: ' (38A) Dwelling,'TWo'Fami'ly Twin Home - A building designed excluSively :for'or occupi'ed exclusively by no more'than"two '(2) families living independently of' Bach other with each unit located on a separate, single parcel o~ record, with.the party wall separating che units acting as a dividing 'lot line. Section 23.410 of the' City Code i's-amended to add. Subdivision (2Al which shall read as follows: " (2Al Twin Homes dwelling 840 sq. ft. per dwelling Section 23.61.O.1 of the Ci,t.y. Code is amended to read as'folloWs: 23.610.'1 Purpose The R'3 District is intended to'provide a district which will allow two-family~residential dwellings, twin h'ome~ and mid- density' townhouses upon review. Section 23.610.3 of the City Code is amended to read as follows: 23.610.3 Conditional Uses Withi~ the R-3 District no structure or land shall be used for the'following uses except by conditional use permit. all t~ose uses'permitted in section 23.604.3 and ~ownhouses - Two family dwellings and twin homes may'be divided into single'parcels of record with the'party wall ~c~ing as the dividing lot line and subject to the following conditions: (bi Each of the lots created in subdividing lands on which a two family structure is located shall be equal in area or as near equal as is reasonably possible. Each lot so created shall contain no less than 1/2 the minimum land area requirement for a two family dwelling, and.shall be shown on a registered survey. (d) (e) · ' (f) (g) Except for setba'cks along th~ common property llne, ,. all other setback and yard ~equirements shall be met. ' " Separate services shall.be provided to each residential unil: for sanitary sewer, water, electricity, natural' -' gas, telephone and other utilities.. The two.fami'ly units, .either existing, or proposed, most be constructed in a side-by-side manner. To Protect the s~fe~y and.property of th; owner and · OCoupan~s of each individgal unit, no ex~s'tlng duplex .structure.may be splot into two separate ownerships unless.and until the common, party, wa]l' fire rating .is :brought uP to new'.constructlon standards contained )~ the" Un i form Buildigg Code. (UBC) which currently ~r~quires (2) two walls with: each wa1) having a one-hour · rating for the party wall'and no..o~enings shall be allowed in the p~rty..wa11. Party walls must provide sound transmTss-ion control'ratlngs as. per appendix Chapter 35 of the UBC.. : " The owner of'property to be s'ubdivided shall execute and record at their expense a.'-'Declara.~ion..~f Covenants, '.'. Conditi'ons and Restrictions'' as approved by the City Attorney. ~ai'd document .is 'necessary.to protect'the rights of:the indiv.idual owners sharing a single structure and the public'as it relates to but not limited to such things'as maintenance, repair and -.. construction in case o~·damage to.the original.strUcture .-.. and sanitation. .:The de~laratlons,' covenants, conditlons, and'restrlctions shall'p~°vide protection t~.the'property owners and the' City on the fol'lowLng subjects: BuLlding and Use restrictions:. (2) Party.t~alls. Rela~ionshi. ps among owners of adjoining, living ~ units and arbitration of ~isputes. The intent q~ these ·regulations is to'promote harmony between the neighbors.sharing a single structure and to protect, the City and neighborhood from improper maintenance and/or disputes such as the following examples: one living unlt being painted one color and the other unit havi. ng.a different color or one side of t~e structure having one roof color and type of roof and the other slde being of a different type and color. The city is concerned that all such'disputes be avoided and that the regulations contained herein are designed to establish the rights of the parties prior to their entering into joint ownership of one structure~ The City shall be a beneficiary of these declarations, covenants, conditions and restrictions. · (hi The authority to divide a siggle structure containing two dwelling units shall be subject to Section 22 of the City. Code .relating to park dedication and Other subdivisi.on requirements and the City Council may :, .'~mpose other reasonable conditlons. Section 23.610.5, Subd. 2 is amended to read as follows, and Subd. 5 is hereby added to the City Code and shall read as follows: Lot Area, Height~ Lot Width. and Yard Requirements 2. The ~ollowing minimum requirements shall be observed -- subject.to additional requirements, exception and modi- fications set forth in other sections of this' Ordinance. ~inlmum Lot Area.(Single Family Detrached) Minimum Lot Width (Single Family Detached) Minimum'Lot area (Two .Family Detached) Minimum Lot Width (Two Family Detached) Minimum Lot Width (Twin Home) 6,000 sq.ft. 40 feet 12,OOO sq.ft.. 70 feet BO' feet · 5'. Front Yard: 30 feet Side Yard: .. 10 feet Rear Yard: 15 feet All Lot Area,.Height, Lot Width and Yard Requirements for Two Family homes shall apply to twin homes unless separate requirements are specifically provided. S~C~ioH 23.620.3 of 'the City Code is amended to read as follows: 23.620.3 'Conditional Uses Within the Multi-Family Residential District no structuFe or land shall be used for the following uses except by conditional.use permit: Multiple dwelling unit structures (over 6 units), according to Section 23.730. Nursing Homes Nursery Schools Churches Commercial Recreation Cemeteries Schools Local Government Buildings Accessory grocery stroe'in apartment complex containing 100 100 or more units, provided it serves the principal structure and is smaller than 400 square feet. Offices of persons engaged ~in the engineering, medical, dental, accounting or legal profession or for religious or philanthropic organizations, subject to minimum performance standards. Twin Home dwellings whlch'~ha.~l be'subject ~o the require- :menl:s of Sections 23,610,~ and 23,610,5, · - Hayor ATTEST: .. - :y Clerk Adopted by .the City Council on January 4,. 1~83 Published in The Laker January 11, 1~83 Case No. 83-111 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of February 28, 1983: Board of Appeals Applicant: Case No. 83-111 Tingewood, Inc. Location: 4317 Wilshire Blvd. Duane Barth Legal Desc.: Part of Lot 1, First Rearr. 332-2nd St., Excelsior, MN. 55331 of Phelps Island Park Ist Div. Request: Variance Phone: 474-0894 Zoning District: R-2 The applicant is requesting to ~dd one bedroom and bathroom by constructing two (2) dormers on the second floor of the existing house. (Also a new attached garage roof). He would llke to improve the roof lines on the house to assure better weather protection. The portion of the house to be raised with a second floor is approximately 50. feet from the lake shoreline. The existing livingroom portion of the house is 35 feet from the shoreline (built 1960). Pursuant to the Zoning Ordinance.Section 23.408(7).the required setback is 50 feet from the 929.4 Mean High Water line of the lake. After talking with the surveyor and review of the submitted survey, the lot area is between 5,988 to 6,O15 square feet in area. The reqglred R-2 Zoning District area is 6,000 square feet. Side yard setbacks of I0 feet, but a lot of record may be 6, 6 and i0 feet pursuant to Section 23.605.5(3) and a front yard setback of 20 feet is also provided. Recommend: I would recommend approval to expand .the present living area with the second floor addition to com~ly with the required 50 foot Mean High Water lakeshore setback to recognize the existing non-conforming livlngroom.setbackat 35 feet. Abutting neighbors have been notified. Case No. '83~111 Variance Request for 4317 Wilshire Boulevard Part of .Lot 1, First Rearr. of Phelps Island Park 1st Division Duane Barth (Tingewood, Inc.) was present requesting adding dormers on house for a bedroom and bathroom addition and changing roof line on existing non- conforming house (livingroom portion of house is 35 feet from'lakeshore). Byrnes moved and Jensen seconded a motion to recommend approving the expan- sion of the present living.area with the second floor addition recognizing the existing non-conforming-livingroom setback at 35 .feet. The vote was unanimously'in favor. CASE NO,.. 83-111 CITY OF HOUND 'PLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) I. Street Address of Property 4317 Wilshire, Mound~ Mn. Part of tot I 2. Legal Oescripti.on of Property: Lot 71~ refPr to survey Addition First Rearrangement of Phelps Island Park PID No. Ist Division 3. Owner's Name Tinsewood~ Inc. Fee Paid ~-.~o Date Filed _.2-/_,F'~ Block 19-117-23-13-0002 Day Phone No. 474~0894" Address 332 2nd Street, Exce'lsior~ Mn. 55331 4. Applicant (if other than owner): Name Same Day Phone No. Same Address Same · 5. Type of Request: (XX) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify' Present Zoning District ~'-.~, Existing Use(s) of Property Residential Has an appllcation ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? ~.~_.~.~ If so, list date(s) of list date(s) of application, action taken and~provide Resolution No.(s) Copies of previous resolutions shall' accompany present request. I certify that all'of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this applica.tion by any authorized official of the City of Mound for the' purpose of inspecting, or of. posting, maint~ini and notices as may be requ~ law. · ~ ~_~ ._~_~. ng 'Signature of Applican{ / //~_.~/~.~,.Ok~/~/ ~ ) (~/~// Planning Commission Recommendation: removing such Date Council Action: Regolution No. 4/82 Da te Request' for Zoni.ng Variance Procedure Case .D. Location of: Signs, easements, underground utilities, etc. E. Indicate Horth compass direction .F. Any additional information as may reasonably be required by the City Staf~ and applicable Sections of the Zoning Ordinance. II!..Request for a Zoning Variance A. All Information below, a site plan, as described In Part II, and general application must be provided before a hearing will be scheduled. .' Does the present tJse of the property' conform to .ail use regulations for the z6ne district-ln which it Is ]ocated? Yes (~) tlo.(.~) ' 'If "no", specify ea~l~ n,b,'on-conforming use: ~ /" . C. Do the ex!sting'structures comply, with all are~height and bulk. regulations for the zone district In'which i't Is.located? Yes.~;~'x) No'( ) If ~'no'~, specify'each non-conforming use: O..Which uni'q~e physical ch~racteris~ics~f the subject property prevent its ~easonable use for any of the.uses.permitted in that zonlng district? ( ) .Too narrow ~ (.) Topography .(' ) Soll Too. small · ( ) Drainage.. (.) Sub-surface Too shallow ( ) Shape' ( ) 'Other: Specify: E. 'Was the hardship described above'created by the action of anyone having property interests In the land altec 'the Zoning Ordinance was adopted? .. Yes (.) No '(~) If yes, explain: " Was the hardship created by'any'other man-made change', such'as the reloca- tion of a'road? Yes { ) No (x~y} If yes, explain: 'only to the property described in this petition? Yes ( ) No ) If no, how many other properties are similarly affected? H..What Is the "minimum" modification (variance) from the area-bulk regulations that will permit you to make reasonable use of your land? (Specify, musing maps, site plans with dimensions and written explanation. Attach additional sheets, if necessary.) I. Will granting of the variance be materially detrimental tolproperty In the same zone, or to the enforcement of this ordinance? U0~ o~ 0 0 Z W 7 o 'ON aseo Case No. 83-111 4317 Wilshire Blvd. RESOLUTION NO. 83- PROPOSED RESOLUTION CASE NO. 83-111 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE VARIANCE FOR PART OF LOT l, FIRST REARRANGEMENT OF PHELPS ISLAND PARK 1ST DIVISION, PID 19-117-23 13 0002 WHEREAS, the owner of the property, Tingewood, Inc., part of Lot 1 of First Re- arrangement of Phelps Island Park First Division (PID # 19-117-23 13 0002) has applied to expand an existing non-conforming structure by adding two (2) dormers and raise the garage and house roof, and WHEREAS, the non-conforming setback of 35 feet from the lakeshore on the existing structure is recognized, and WHEREAS, the building remodeling will be done to conform to the 50 foot lakeshore setback with all other setbacks of the site, as presently exist, conforming regarding the side yard, street front, building bulk, and lot size, and WHEREAS, the Planning Commission recommended approval of this variance as the changes to be made will conform to the present setback from the lakeshore, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the City Council does hereby concur with the Planning Commission's recommendation to approve the existing structure 15 foot lakeshore setback variance with the two dormers and raising of the house and garage roof to comply with the present 50 foot lakeshore setback. LAKE ~ee County Surveyor file for J.M. survey detoil. '-'x ",., "" I Lot l · ','Au~. sus'o. No. Case No. 83-112 .CITY OF MOUND Mound, Minnesota .Planning Commission Agenda of February 28, 1983: Board of Appeals Case No. 83-112 Location: 4877 Hanover Road .Legal: Lots 7, 8, 9 & 10, Block 16, Devon Request: Subdivision Zoning District: R-2 Applicant: Mike Hilbelink IO20 North Brown Road Long Lake, MN. 55356 Phone: 476-1867 The applicant is requesting to subdivide his parcel of four lots by splitting off approximately four (4) feet from Lot 8, thereby Lots 9, lO and 4 feet± of LOt 8 and the other parcel to be the remainder of Lot 8 and Lot 7. The existing struc- ture on Lot 9 would then have a six (6) foot side yard. The applicant will be arranging to remove the detached garage presently on Lot 8. Pursuant to the R-2 Zoning District Section 23.605.5(2) the 6,O00 square foot minimum lot size would be met. The side yard between parcels of 6 foot under Section 23.605.5(2) would not meet the 10 foot required for a new parcel, but under Section 23.605.5(3), it would meet the "Lot of Record" required side yard. Pursuant to Section 23.407(1) "No accessory building or structure shall be con- structed on any resldential lot prior to the time of construction of the principal building to which it is accessory". If the side yard were to be lO feet instead of 6 feet to the existing structure (4877 Hanover), the parcel of Lot 7 and part of Lot 8 would be under the 6,000 square foot required size. Redbmmend: I would recommend approval of a final subdivision conditioned upon removal of the garage, 6 foot side yard to the existing structure, and a new survey of the boundaries.be submitted with monuments placed, utilities located to the existing structure, lot area, and 'legal de- scriptions noted. ' The abutting neighbors have been notified. Jan Bertrand Building Official JB/ms Case No. 83-112 Planning Commission Minutes of February 28, 1983. Case No. 83-112 Subdivision of Land - 4877 Hanover Road Lots 7, 8, ~ and lO, Block 16, Devon Mike Hilbelink was present. The Building Official explained that applicant wants to subdivide his lots by splitting off approximately three feet from Lot 8 to go with Lots 9 and l0 so existing structure on Lot 9 would have a six foot side (rear) yard. Applicant has taken a demolition p~rmit out for the garage on Lot 8 to be removed. .Reese moved and Jensen seconded a motion to approve the final subdivision as requested with the stipulation that the existing garage be removed within 180 days and a new survey of boundaries, etc. be submitted. The vote was unanimously in favor. F MOUND FEE OWNER APPLICATION FOR SUBDIVISION.OF Sec. 22.03-a VILLAGE OF MOUND LAND Case No. 83-]12 PLAT PARCEL 3 ? ~7o 6~3o ~.~'-. I/ ? - ~'-/- //- Location and complete legal description of property to be divided: Lo-~s ~ ¢~ ~', + /o ¢?77 To be divided as follows: (attach survey' or scale drawing showing adjacent streets, dimension of proposed. building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Square feet Reason: Applicant's interest in the property: ~,' z - zw'- ~3 This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: Case Ho. 83-112 · '~0s 30s MOUND.--8,5 RD / RD ~ 14 (pHiL. PS RESOLUTION NO. 83- PROPOSED RESOLUTION CASE NO. 83-112 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM- MENDATION TO APPROVE THE FINAL SUBDIVISION FOR LOTS 7, 8 9 AND lO, BLOCK 16, DEVON (4877 HANOVER ROAD) PID 25-117-24 11 0062 WHEREAS, the final subdivision of the Lots 7, 8, 9 and 10, Block 16, Devon, has been submitted in the manner required for platting of land under City of Mound Ordinance, Section 22.00 and under Minnesota State Statutes Chapter 462, and all proceedings have been duly conducted thereunder, and WHEREAS, the division of Lots 9, 10 and the west 3 feet of Lot 8, Block 16, Devon, has an existing structure on the parcel which will be 39.5~ feet from the Dexter street front, 15.0± feet from the Hanover Road street front, 6.8 to 7 feet from the rear yard, as the side yard definition of the Zoning Code will not apply after the lots division will extend the depth of 3 feet (lot size - 80 feet by 83 feet), and WHEREAS, Parcels A and B will have in excess of the 6,000 square feet minimum lot size as nell as the minimum width and depth, and WHEREAS, the Planning Commission and City Council has reviewed the subdivision re- quest and does recommend the division and waiver of Section 22.00 provisions, and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the Ordinance would deprive the applicant of the reasonable use of his land; that the waiver is necessary for the preservation and enjoyment of a substantial property right, and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: A. That the City Council concurs with the Planning Commission to approve the final subdivision request for Mike Hilbelink to divide'as follows: Parcel A ~ Lots 9 and lO and the west 3 feet of Lot 8, all in Block 16, Devon Parcel B - Lot 7 and that part of Lot 8 lying east of the west 3 feet thereof, Block 16, Devon, conditioned upon the following: 1. The existing accessory garage building is to be removed within 180 days. 2. Two off street parking spaces are to be provided for Parcel A. 3. A new survey is to be submitted for Parcels A and B with prop- erty monuments placed and survey information included as per City Engineer's requirements. 4. Utility services to the existing structure shall be across Parcel A - Lots 9, 10 and the west 3 feet of Lot 8, all in Block 16, Devon. 5. The newly created building site owner pay or be assessed any additional street, sewer and water unit charges. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner(s) and subdivider(s) after completion of requirements, for their use as required by M.S.A. 462.358. C. This final subdivision shall be filed and recorded within 180 days of the date of the adoption of this resolution in the Office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulation of the City of Mound. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: Jon Elam, City Manager Jan Bertrand, Building Official March 3, 1983 4521 Manchester Road, Matt Phillippi On September 7, 1982, the City Council adopted Resolution 82-236 which listed required repairs to 4521 Manchester Road. On Novem- ber 26, 1982, I made a final inspection of the remodeling and told Mr. Phillippi that the sewer and water separate connections listed on the resolution would be required as well as several other small corrections before occupancy. I also mentioned to him that ~f he needed an extension of time to complete these connections, he would have to ask the City Council. On Febru- ary 23, 1983, I stopped by the house and it appears that' the house is now occupied. I wanted you to be aware of the status of this matter. Possibly you could direct me to take any further action. ~Jan Bertrand JB/ms 36/83 252 September 7, ]982 Councilmember Charon moved the fo!lowing resolution. RESOLUTION NO. 82-236 RESOLUTION RELATING TO CERTAIN HAZARDOUS PROPERTY WITHIN THE CITY LOCATED AT 4521 MANCHESTER ROAD ALSO INCLUDING THE RECOMMENDED LIST OF REPAIRS SUGGESTED BY THE BUILDING INSPECTOR WHEREAS, complaints have been received regarding the structure located at 4521 Manchester Road,'which structure is in a state of delapidation and structural disrepair, and WHEREAS, Building Inspector'Jan Bertrand has inspected said premises and has reported to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'MOUND, MN., AS FOLLOWS: Pursuant to Sections 463.16 to 463.261, inclusive, Minnesota Statutes, 1980, the City Council of the City of Mound, Minnesota, finds that the structure located at 4521 Manchester Road upon the parcel of land legally described as follows: Lot 22, the North half of Lot 5, the West 40 feet of Lot 3, and that part of Lots I and 2 lying West of a line drawn from a point on the North line of said Lot ) distant 19 feet East of the Northwest corne~ of said Lot 1, to the Southwest corner of said Lot 2, and there ending, all in Block 14, Avalon to be hazardous within the meaning of the aforesald statute for the · following reasons: a. Mortar missing from foundation walls and'house not anchored to foundation; b. Foundation walls in inadequate depth; c. Bearing supports, posts and'beams are inadequate; d. Block foundation inadequately supported and open to exterior; e. Floor joists overspanned; f. Electric service'not properly secured at service entrance; grounding inadequate; g. Outside deck stairway deteriorated and falling apart; inside basement stai.rway deteriorated; h. Plumbing illegal, including improper sizing of water distribution; i. Roof is sagged; j. Gas appliance not vented; k. Secure copper water pipes; provide shut off valve where necessary; separate connection to watermain and sewer; repair hole in building sewer; properly install waste and vent piping to code and remove improper connections '(aluminum pipe mixed with PVC, ABS and steel waste pipe). 253 September 7, 1982 Pursuant to the foregoing and in accordance with the said statute, the City Manager or his designated officer is hereby authorized and directed to order the owner of said property to correct the above deficiencies or to remove or raze such hazardous building and that such repair, razing or removal be completed within 30 days of the date of service of said Order. The City Manager or his designated.officer shall advise the owner that unless such action is taken or an answer served upon the City and filled in the Office of the Clerk of District Court for Hennepin County, Minnesota, within 20 days of the date of the service of the Order upon him, a Motion for Summary Enforcement of the Order will be. made to said District Court. e The City Manager or his designated officer shall further advise the owner that if the City is compelled to take any corrective action herein, all necessary costs will be assessed against the real estate and all necessary expenses will be certified to the County Auditor fo~ collection and that such costs and expenses will be collected as other taxes. 5 The City Manager or his designated officer is further authorized to give the above, notice to any lien holders of record. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ulrick and upon vote being taken thereon; the following voted in favor, thereof: Charon, Polston, Swenson, Ulrick and Lindlan; the following voted against the same: none;'whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk .- - PROPOSED RESOLUTION LANGDON'S LANDING FINAL SUBDIVISION APPROVAL De This final plat shall be filed and recorded within 60 days of'the date of the signing of the hardshells by the Mayor and City Manager in accordance'with Section 22.00 of the City Code and shall be recorded within 180 days of the adoption date of this resolution with one copy being filed with the City of Mound. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall' entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the Ordinance of the City. (2) RESOLUTION NO. 83- PROPOSED RESOLUTION LANGDON'S LANDING FINAL SUBDIVISION APPROVAL RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE FINAL PLAT OF LANGDON'S LANDING SUBDIVISION WHEREAS, the final plat of Langdon's Landing has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 22.00 and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly conducted thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regula- tions and requirements of the laws of the State of Minnesota and Ordinance of the City of Mound. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: A. Plat approval requested for Langdon's Landing is approved upon compliance with the following requirements: 1. Per final plat "Exhibit A". 2. Per requirements set out in Resolution 81-216, or as subsequently amended by motion, approving the preliminary plat of Langdon's Landing Subdivision. 3.Escrow fund to be established in the amount of $4,400.00. 4.Park dedication fees of $565 per lot to be spread over the lots and paid with the building permits. 5. Furnished to the City a performance bond in the amount of $51,000. to cover a) Grading, b) Watermain, c) Sanitary Sewer, d) Storm Sewer; all in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Chapter 22 of the City Code; or if in lien of the developer making said improve- ments, the City proceeds to install any and all of said improvements, under the provisions of Chapter 429 of Minnesota State Statutes, the above mentioned corporate surety bond shall guarantee payment in full by the developer of the costs of said improvements upon com- pletion and assessment of the improvements. 6. Driveway access to Lots I-9 will be provided from the newly platted Grove Lane. 7.Current validation of the Minnehaha Creek Watershed permit approval. 8. Signing of the Development Contract establishing performance and requiring that the date'of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of the first Certificate of Occupancy. If such certificate is an-' ticipated to be issued during the winter months, construction must be completed by November 30th. In no event shall the Development Contract exceed one year. 9.City Attorney's title opinion approval B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owners and subdividers after com- pletion of requirements, for their use as required by M.S.A. 462.358. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. '~EDEN LAND SALES, INC. -7-7'66-~Vtitehebl-Rrrati · Eden Prairie, Minn. ~-5-84-3- · Tel. 612/,944-$800 14500 Valley View Road 55344 937-8300 March 9, 1983 Ms. Jan Bertrand City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Jan: As follow-up to our conversation today, we would like to be able to obtain building permits from the City of Mound for the construction on the Langdon's Landing plat, after we have finished construction of the sewer and water, but prior to completing the blacktop, curb and gutter. We will provide adequate security for completion in the form of either a bond or letter of credit for the items that are not completed. We have a couple of buyers for two of the lots that are anxious to start construction as soon as possible. I Would appreciate it if you would include this request with our submission for the final approval. If you have any questions, please feel free to contact John Lassen or me. KES/po Yours very truly, ~EDEN LAND SALES, INC. Yq'6'6-tt~chvtt"Rortvl · Eden Prairie, Minn. $$-34-3 · Tel. 612/ 944.~300 14500 Valley View Road 55344 937-8300 March 8, 1983 Ms. Jan Bertrand City of Mound 5341 Maywood Rd. Mound, MN 55364 Dear Jan: Enclosed please find six copies of the Grading & Erosion Control Plan, Street and Construction Utility Plans and one copy of hydrologic calculations. I delivered a copy of these to McCombs-Knutson on March 3, 1983. Our surveyor, Hansen, Thorp and Pellinen should deliver the final plat to your office on March 9. If you have any questions, please call Paul Thorp at 934-6163. Our title company, Title Services, Inc., should have a title opinion in your hands by March 8. If you have any questions, please call Martin Henschel at 227-8571. Our engineer, Westwood Planning & Engineering is working on final utility plans. If you have any questions, please call Dennis Marhula at 546-0155. We have requested an extension of the watershed district permit (copy attached). We would request that the City Council approve the final plat at the March 15th, meeting and also, as we discussed, spread the park dedication fee over the lots at the rate of $565 per lot to be paid with building permits. If you have any questions of me, I can be reached at 937-8300. If I'm not available, please talk to K. E. Schumacher. Sincerely, EDEN LAND SALES, INC. JI<L/po Encls. m FEE OWNER Sec. 22.O3-a VILLAGE OF MOUND FEE PLAT PARCEL Location and complete legal description of property to be divided: ZONING To be divided as follows: (attach survey or scale drawing showing adjacent streets, dimensi~)n of proposed building sites, square foot area of each new parcel designated by number) ~PP TEL. NO. /,~ '~ ~ :(signature) ~ est in the property: '",This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. oq/o, o0 PLANNING COMMISSION RECOMMENDATION: Give pre] iminary approval to plat provided that the plan that goes to Council incorporate the modifications and recommendations of the .City Planner and the City Engineer. DATE Hay 18, 1981 COUNCIL ACTION Resolution No. Provide a Public Hearing to be heard on July 7, 1981 at 7:30 P.H. and Planner and DATE Engineer calculate the cash contribution for park dedication. 81-196 81-Z16 Approving the subdivision with ~tipulatlons (Preliminary Plat) APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENT O~TAXES BY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. 6-9-81 'July 7: lq81 Councilmember Polston moved the following resolution. June ~, m~m RESOLUTION NO. 81-196 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A PRELIMINARY PLAT OF LOT 50, AUD. SUB. 168 TO BE HEARD ON JULY 7, 1981 AT 7:30 P.M. AND THE PLANNER AND ENGINEER CALCULATE THE CASH CONTRIBUTION FOR PARK DEDICATION WHEREAS, Universal Land Corporation has applied for a subdivision of pro- perty described as Lot 50, Auditor's Subdivision 168, and WHEREAS, a public hearing is necessary before Said property can be sub- divided. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby provide for a public hearing regarding the subdivision of land on Lot 50, Auditor's Subdivision 168. Said hearing to be held on July 7, 1981 at 7:30 P.M. with publication of same in the official Laker newspaper as required by law. The Planner and Engineer shall calculate the cash con- tribution for Park dedication. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof; Charon, Polston, Swenson and Lindlan, the following voted against the same; none, with Ulrick being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. s/Leighton Lindlan Mayor Attest: dCIty clerk CMC July 7, 19~ Councilmember Folston moved the following resolution. RESOLUTION NO. 81-216 RESOLUTION APPROVING THE SUBDIVISION OF LOT 50, AUDITOR'S SUBDIVISION 168 WITH THE PARK LAND DEDICATION FEE OF $5,050 AND INCORPORATING THE ENGINEER'S RECOMMENDATIONS WHEREAS, by Resolution 81-196 adopted June 9, 1981, the Council provided for a p~blic hearing to be held on July 7, 1981 regarding the subdivision of land on Lot 50, Auditor's Subdivision 168. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'MOUND, MOUND, MINNESOTA: That the subdivision be approved for Lot 50, Auditor's Subdivi- sion with the following stipulations: 1. That a 15 foot easement should be provided for the storm sewer. The existing storm sewer is only 5 feet from the property line. It should be changed to 10 feet to avoid damage to neighboring property. 2. An erosion control plan should be submitted to the City. 3. The sewer services to Lots 2 and 8 should be to the sewer main, not the manhole. 4. The street section should be the standard Mound street, 28 feet back to back of curb, S-5-12 curb and gutter with con- crete driveway aprons, 3½ inch bituminous base and 1½ inch bituminous surfacing. 5. A park dedication-fee of $5,O50 be given. 6. A title opinion be furnished by the City Attorney. 7. An escrow fund be established to cover engineering, legal and administrative expenses. 8. A preliminary plan be placed with this resolution showing the above. 9. Street lighting to be provided as per NSP Advisory Standards. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote'being taken thereon; the following voted in favor thereof; Charon, Polston, Swenson, Ulrick and Lindlan, the following voted against the same; none, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest:~Cit¥ Clerk CMC 277 September 21, 1982 Councilmember Charon moved the following resolution. RESOLUTION NO. 82-252 RESOLUTION GRANTING AN EXTENSION OF RESOLUTION #81-216 FOR ONE YEAR, UNTIL JULY 7, 1983 WHEREAS, WHEREAS, WHEREAS, Resolution #81-216 was approved on July 7, 1981,. and this resolution approved the subdivision of Lot 50, AuditOr's Subdivision #168 with the park land dedication fee of $5,050 and incorporating the engineer's recommendations, and the Eden Land Sales Co. has requested an extension of this resolution for 1 year because of current economic conditions. NOW, THEREFOR.E, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: That an extension of one 'year is hereby granted for Resolution #81-216 until July 7, ~83. A motion for the adoption of.the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon;,the following voted in favor thereof: Charon, Swenson, Utrick and Lindlan; the following voted against the same: none; with Counciimember Polston being absent; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Attest: City Clerk March 2, 1983 Mr. Mike Panzer, P.E. Minnehaha Creek Watershed District c/o Hickok & Associates 545 Indian Mound Wayzata, MN 55391 RE: Langdon's Landing, Mound Dear Mr. Panzer: At the Board of Managers meeting of October 15, 1981 the permit for site grading at Langdon's Landing residential subdivision mas approved .and said . permit' Was valid for one year from that date. BeCause of the enconomic condition at the time and the drastic reduction in new housing construction, this project did not proceed. The owners of this project would now like to proceed and develop the plat this summer. Therefore, on behalf of the ~wner, we respectfully request that the Minnehaha Creek Watershed District Board of Managers consider' an extension of said permit at their next regular meeting. If you have any questions, or require any additional information, please do not hesitate to call. Sincerely NG & ENGINEERING COMPANY DM:bml 7415 WAYZATA BOULEVARD. MINNEAPOLIS. MINNESOTA MINNEHAHA CREEK WATERSHED DIS] RICT P.O. Box 387, Wayzata, Minnesota 55391 ~04J~D OF Permit Application No. ~ 81-65 ~AK[ MIN#£TONK& ----6c~ober '"16, ~19 U"I" Applicant: Universal Land Corporation 14500 Valley View Road Eden Prairie, Minnesota 55343 Owner Project South shore of Langdon Lake on Beachwood Road between Garoen Location: Lane and Grove Lane, City of Mound a Grading and Drainage Plan for~ Purpose: ~ 9-lot residential subdivision At the regularly scheduled October 15, 1981 meeting of the Boaro of Managers, the subject permit application was reviewed along with the following exhibits: Grading and Erosion Control Plan dated June 8, 1981 Street and Utility Construction Plan dated February 11, 19U1 Hydrologic calculations dated July 9, 1981, prepared by D. harhula Ail plans and calculations submitted by Westwood Planning & Engineering Cc. The.Board approved the permit application with the following conaitions: The Grading and Drainage Plan shall be revised and.the water quality treatment structure construction detail shall be approved by the Engineer prior to any construction. The Board waived requirements for control of the rate of stormwat, e- runoff in this case on the basis that the physical limitations cf the site together with the proposed land use allows no feasible opportunity for detention of stormwater. Failure to comply with all-the terms and conditions in this permit is a misdemeanor. The permit terms may be enforced by criminal prosecution, injunction, restoration or abatement, Minnesota Statute 112.89. It is valid for one (1) year. If construction is not complete within ~0ne (i) year, an extension must be requested. Please contact the District at 473-4224 when the project is about to commence so an inspector may the work in/ progress. ]5. A. Hickok, P.E. EUGENE A. HICKOK AkD ASSOC. bate of Issue cc: Board G. Maco~ber Cit_y~ounc ~,~. Marhula, West~ooe Plannin~ & 5ngineer*L~ Mr. Mike Panzer, P.E. Minnehaha Watershed District c/o Hickok & Assoc. 545 Indian Mound Wayzata, MN 55~91 RE: Langdon's Landing Dear Mr. Panzer: We are herein submitting, on behalf o£ Universal Land Corp., the runoff calculations For the above project as requested by the Board. We have calculated the rate of discharge from the site on a 5 year, 10 year, and 1DO year storm for comparison. 5 Year )0 Year JO0 Year Existing Conditions Proposed 2.~c.f.s. 4.6c.f.s. 2.6c.f.s. 5.2c.f.s. 3.4 c.f.s. 6..l c.f.s. It should be noted that a large portion of the site, approximately 2 acres, does not flo~ into the storm sewer system but is backyard drainage. Based upon the area draining to the catchbasin, as shown on. the drawing, the 100 year discharge from the' storm sewer · ill be 2.9 c.f.s. The balance ~i]l be natural runoff through'the back yard areas. Also enclosed is a copy of the storm se~er construction drawing showing the sump catchbasin in the cul-de-sac and the surge basin at' the outlet. Due to the nature of the topography on this site, there are no feasible areas in ~hich to locate a pond to control peak discharge rates. Based upon the small size of this project in relation to the natural ponding area, Lake tangdon, and the fact that there is no practical method to control the rate of runoff, we respect- fully request that the Board approve this plan and permit as sub- mitted. If yoq have any questions, please do not hesitate to call. Sincerely, De~s Marhul~, P.E. .DM:dg Eric.. COMPANY 7415 WAY'Z.ATA BOULE'VARD. i'IINNF.,APOLI$. MINNESOTA · ~'o ?,&; = PLAT MAP FOR LANGDON'S LANDING SUBDIVISION § 54 i r'- ltF" '?:" I I II '~°l I I ' 55 I I I 32 3-14-83 Detincluent water and sewer 22 232 2370 81 22 238 4854 61 22 238 4856 11 22 238 4860 31 22 238 4878 51 22 238 4898 31 22 238 4957 71 22 238 5020 31 22 238 5855 91 22 244 5011 O1 22 233 5019 31 22 259 4823 71 22 259 5237 91 22 259 5463 ll 22 259 5872 32 22 262 2997 51 22 268 5909 41 22 271 2919 O1 22 274 2901 21 22 280 5910 71 22 .280 5921 41 22 280 5955 21 22 286 5915 31 22 286 6056 51 ~2 310 2600 21 ~2 ~10 2675 41 ~ 310 2695 21 _£ 310 2710 91 22 310 2895 81 22 ~3 6216 71 22 315 6390 51 22 316 2882 31 22 332 2611 31 22 337 5932 91 22 373 5031 51 Fay Cooper R.J.Martin R.E.Mart|n R.J.M§rtin Robert Norgren Robert Brose Geo. Baker Elma J.ensen Rick Shad Barbara Timmons Ronald hayes Frank Philbrook dohn Zombori Herbert Kurschner David Oliver David Wogsland Dick Janke Ed Monette Gerald Reimann Michael Simar John Gaines Anthony Condon G King JOetta Roehl Rick Buranan Terry Selle Thomas Green Geo Hudinsky Bill Niccum Richard Melnory Brent Thomton Ed Rowley Conrad Ftacek David Nelson James Eklund $145.00 229.09 117.28 90.16 66. O0 68.26 107.70 63.94 151.24 131.27 95.20 88.9O 61.78 116.66 79.18 86.40 69.98 124.97 83.94 I$~.q$ ~ 70.98 140.96 88.58 70.09 -17: .3~ 75.96 155.04 110.71 113.79 134.14 134.06 Made arrangements 4854Edgewater Dr 4860 Edgewater Dr. 4860 Edgewater Dr. Made arrangements Made arrangements 4957 Edgewater Dr. 5020 Edgewater Dr. 5055 Edgewater Dr. Made arrangements Made arrangements 4823 Bartlett Blvd Made arrangements 5463 Bartlett Blvd. 5872 Bartlett Blvd. 2997 Highland Blvd. 5909 Glenwood Rd. 2919 Holt Ln. 2901 Meadow Ln. Made arrangements 5921 Idlewood Rd 5955 Idlewood Rd. 5915 Hawthorne Made arrangements Made arrangements Made arrangements 2695 Westedge Blvd 2710 Westedge Blvd. 2895 Westedge Blvd. 6216 Bayridge Rd. 6390 Otter Rd 2882 Halstead Ln. 2611 Granger Ln. 5932 Beachwood Rd. 5031Woodridge Rd. 22 373 5063 81 22 385 5070 71 22 388 5061 O1 42 259 4801 91 Colon Kelly Elvira Reese Randall Giese Water Care $146.86 80.50 290.76 270.00 $4599.51 Made arrangements 5070 Bayport Rd. 5061 Avon Dr. 4801 Bartlett Blvd. 232 2370 81 238 4854 61 22 238 4856 11 22 238 4860 31 22 238 4878 51 22 238 4898 31 22 238 4957 71 22 238 5020 31 22 238 5855 91 22 244 5011 O1 22 233 5019 31 22 259 4823 71 22 259 5237 91 22 259 5463 11 22 259 5872 32 22 262 2997 51 22 268 5909 41 271 2919 01 274 2901 21 22 280 5910 71 22 280 5921 41 22 280 5955 21 22 286 5915 31 22 286 6056 51 22 310 2600 21 22 310 2675 41 22 310 2695 21 22 310 2710 91 22 310 2895 81 22 ]]3 6216 71 22 315 6390 51 22 316 2882 31 22 332 2611 31 22 337 5932 91 373 5031 51 3-14-83 Delinquent water and sewer $145.00 229.09 117.28 90.16 66. O0 68.26 107.70 63.94 151.24 131.27 95.20 88.9O ~l,/~j ~ p~ ~So. oo -m~ i~l~l~~/~-~ 61.78 116.66 79.18 86.40 69.98 124.97 83.94 70.98 140.96 88.58 7O.O9 75.96 155. o4 110.71 ~13.79 134.14 134.06 2 373 5063 81 385 5070 71 22 388 5061 O1 42 259 4801 91 $146.86 8O.5O 290.76 270.00 232 2370 81 238 4854 61 22 238 4856 11 22 238 4860 31 22 238 4878 51 22 238 4898 31 22 238 4957 71 22 238 5020 31 22 238 5855 91 22 244 5011 O1 22 233 5019 31 22 259 4823 71 22 259 5237 91 22 259 5463 11 22 259 5872 32 22 262 2997 51 22 268 5909 41 271 2919 O1 274 2901 21 22 280 5910 71 22 280 5921 41 22 280 5955 21 22 286 5915 31 22 286 6056 51 22 310 2600 21 22 310 2675 41 22 310 2695 21 22 310 2710 91 22 310 2895 81 22 ~3 6216 71 22 315 6390 51 22 316 2882 31 22 332 2611 31 22 337 5932 91 373 5031 51 3-14-83 Delinquent water and sewer $145.00 229.O9 117.28 90.16 66.00 68.26 107.70 63.94 151.24 131.27 95.20 88.9O ~I,~+~o~ ~ ~So.~o -m~ ~R~z~/~g-~ 61.78 116.66 79.18 86.40 69.98 124.97 83.94 70.98 140.96 88.58 7O.09 ~,.31 75.96 155.04 110.71 113.79 134.14 134.06 ~2 373 5063 81 385 5070 71 22 388 5061 O1 42 259 4801 91 $146.86 8o.5o 290.76 270.00 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINI:ERS · LAND SURVEYORS · PLANNERS Reply To: 12800 industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 March 1, 1983 Mr. Oon Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound 1981 Street Improvements MSAP 145-101-06 Tuxedo Boulevard MSAR 145-106-01 Three Roints Boulevard Files #5387 & 5388 Dear Jori: Enclosed is a copy of Rayment Request No. 8 for the above projects. As you will note, there is still a 1% retainage shown which will be paid to compeltely final the projects after the repair work on Bartlett and Tuxedo is completed early this summer. The amount which we are recommending for payment is the result of a years negotiating with Hardrives. They were initially asking for extra quantities of blacktop and gravel in the amount of $48,099.60. This number has been reduced down to $16,577.70 as a result of these extended negotiations. Basically, Hardrives contended that much more material was used on the project than we were willing to pay for. It is true that the material was used on the project; however, with our inspectors' reports, project photos, and other data, we were able to convince them that the material.was actually wasted or used on other parts of the project. We believe that the payment request recommended repre- sents a fair finalization of this project. You will note that even with this change,-the total cost of both projects is only $6,964.67 over the already ap- proved contract amount. The following is a breakdown of the construction costs for both of these projects: Hr. Oon Elam Harch l, 1983 Page Two Original Change Revised Contract Orders Contract Final Construction Cost Tuxedo Boulevard $3~0,442.02 Three Points Blvd. $494,0~6.20 $2~,46~.27 $ 4,409.27 $353,905.29 $498,445.47 $354,558.09 $504,757.34 Totals $824,478.22 $27,872.54 $852,350.76 $859,315.43 If you need any additional information or have any questions, please do not hesitate to contact us. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. William H. McCombs, P.E. WHM:sj Enclosure HARDRIVES, INC. · MAPLE GROVE EXECUTIVE CENTRE P. O. BOX 579 7200 HEMLOCK LANE NORTH ST. CLOUD. MN 56302 MINNEAPOLtE, MN .55369 (612} 251-7~76 (612) 424-4424 RR, 3. BOX 120 SHAKOPEE, MN 55379 (612) 445-5633 January 28, 1983 McCombs-Knutson Assoc., Inc. 12800 Industrial Park Blvd. Plymouth, Mn. 55441 Attn: Chuck Wilson Dear Mr. Wilson: Per our phone conversation on January 28, 1983; Hardrives, Inco agrees to complete the following items during the 1983 construction season once Final Payment has been received on Project No. MSAP 145- 101-06 - Tuxedo Blvd., and Three Points Blvd.; MSAP 145-106-01. 1. Bartlett: Patch cracks and joints and seal coat same areas patched. 2. Tuxedo: Patch all areas in need of patching and seal coat ravelled areas, approx. ~ Sincerely, /"~/'~z Kenneth R. Hal I President HARDR lYES, INC. I~RH/cam · PRELIM INA R¥ CONTRACTOR PAY ESTIMATE NO'. 08 PA~E MOUND, MN - TUXEDO ROAD & THREE POINTS BLVD MSA ].981 01 ENGINEER: McCOMBS-KNUTSON CONTRACTOR: NAP, DRIVES, INC. 1~800 HIdY 55 ~00 HEMLOCK LANE PLYi~OUTH, MN MAPLE gROVE, MN' DATE: ll/3o/ea -- CONT~C~6~ P-~¥-' E S~ IMA~[E ' SUHMA*~y --£2 THIS PERIOD TO DATE COi'~PLETED TUXEDO BO~EVARD ~S~ THREE POINTS BOULEVARD MSAP 14S-lOG-O1 MATERIP, LS ON SITE TU~(EDO BOULEVARD MSAP 14S-101-06 THREE POINTS BOULE~RD MSAP 145-106-01 -'- 16,577:70 .... 3S4,55e.09 O. O0 SO4, '~7.34 o. oo o. oo O. O0 O. O0 ADJUSTED ToTAl- ...... LESS RETAINAGE - 1% PREVIOUS, 1% CURRENT 165.77 ss,315;43 - 8,593.15 TOTAL AMOUNT DUE FOR ~01~ COMPLETED TO DATE LESS PREVIOUS PAYMENTS 16,411.92 -0. O0 B34,310.~ -AMOUNT DUE 16,411.~E lS,411.52 SUMMARY O-F' PREVIOUS PAYMENTS ESTIMATE NO. DATE I 05/31/81 E 06/30/8~ 3 O7/3]./8]. 4 08/31/81 S 09/30/81 6 10/31/81 7 /~/31/81 ENGINEER: McCOMBS-KNUTSON ............. AMOUNT ...................... TOTAL '" 104,149.81 104,149.81 137,109.89 841,859.?0 ~04,175.~ 445,4~.0~ ].].3, S0~.~9 ~59,~44.48 .. ....109,764.9~ ' 669,00~.40 · 12.0,1'C,5.21 .................. 789,164.61 45,145. "~ 834,310.36 APPROVED: CONTRACTOR: HARDRIVES, INC.. D SASTER M JTUAL AGRF , FNT (between the jurisdiction and the of the International Conference of Building Officials)- Chapter following constitutes an agreement between the building department and the building inistrator of and the Chapter of the International Conference of Building Officials. PURPOSE The purpose o~ this agreement is to e~tabli~h a system for building officials to request assistance from members of the Chapter of the International Conference of Building Officials in the event of a disaster. Within the context of this agreement, a disaster exists when facilities or capabilities of the local building department are in- sufficient to meet the needs of.a particular situation. Additionally, these needs cannot be met through other sources within the local government. RESPONSIBILITIES The municipality requesting assistance: · Determines. that an emergency exists and has been declared. · Determines what assistance is needed. · Requests assistance from the North Star Chapter, International Conference of Building Officials. · Assumes financial responsibility and liability for any'staff, equipment or other facilities accepted for use under this agreement. · Assumes management authority over any staff, equipment or other facilties which are supplied through this agreement, and used within the physical boundaries of the .requesting jurisdiction. North Star Chapter of the International Conference of Building Officials, and/or ~iciDalitY di~aste.r coordinatnr: ~ · Contacts other building officials participating in this agreement and assembles the needed assistance. The building officials providing assistance as members of the North Star Chapter, International Conference of Building Officials: · Maintain management authority over any staff, equipment or other facilities which are supplied through this agreement and used outside the physical boundaries of the building department requesting assistance. · Maintain records necessary to receive financial reimbursement from the requesting office or other source. · Maintain administrative authority over any staff, equipment or other facilities supplied through this agreement. ADMINISTRATION Any building department or official signature to this agreement has accepted responsibility for making their assistance available to other jurisdictions in the event of an emergency..This agreement takes effect immediately. It may be cancelled by either party, upon submitting written notice to the other party, at least 30 days prior to ending the agreement. Building Offi~-ial Date Chairman Date Jurisdiction Executive Officer Date Chapter of the International Conference of Building Officials Jurisdiction CITY OF MOUND APPLICATION FOR BINGO PER~4IT (If an organization, giv~ organization name) Address .~~~~.~': Phone No. Bingo Manager (Name)~~~ ~ Aaares~ of where Bingo will be played Dates and ~ours Bingo will be played ~.~ ~.'.~~, e *Note: (Attach separate sheet if more room necessary) Is Licen'se Fee' attached? Yes Fidelity'Bond: N6~. Amount (a) Amount * (Minimum $10,000.) '(b) Name of Bonding Company (c) Expirati'on Date of Bond Fraternal', religious, veteran and other non-profit organization's may request the Bond t~ be waive'd. Please· indicate below if you are making such a request. 's~gnrature of pe-rs~ making 6-ZO CITY OF MOUND APPLICATION FOR BINGO PER~4IT Date ~ /~. /~3 Name of Applicant ,~~~.-~ ~' (If an organization, give organization name) Address o-a o o ~_~j-~ Phone No. /&~ --X~ Address ~~ ~~~ - ~~~ ~ ~ Address of where Bingo will be played ~~,~~ ~ Dates and Hours Bingo will be played ~ ~- ~- f ~ (Attach separate sheet if more room necessary) Is Licen'se Fee attached~ Fidelity Bond: (a) Amount (b) Name of Bonding Company (c) Expirati'on Date of Bond Yes N6 V/ Amount * (Minimum $10,000.) *Note: Fraternal., religious, veteran and other non-profit organizat'ions may request the Bond t~ be waive'd. Please. indicate below if you are making such a request. Signat~e icati Renewal $15.00 Single Permit CITY OF MOUND Mound, Minnesota APPLICATION FOR GAMBLING PERMIT Name of organization for a f4 'r~-n ~-~i annual/single occasion Date to be used i ~ ~ Phone Number of Organization ~ Date Organization was organized Purpose of Organization ~T~,~ ..il MAR I J1983 Address organization, hereby applies gambling permit. Type of Gambling to take place: Paddlewheel Yes No Tipboard Yes. ~ No Raffle Yes No Location of Gambling Address: ..~_¢ Name of Building OwnerC~_k~.n~[~.rir~ is the building owned or leased by the organization Date ownership was acquired { ~ 7/ If leased, expiration date of lease (Copy of lease must accompany application) Gambling Manager: Name of Gambling Manager 0 ~ ] I~--. {Y~/ Home address e70 erl,'e Pqo - .a Is Gambling Manager an active member of organization Date membership acquired I.~-~--! Home Phone . ( equ red) Is Gambling Manager paid by the organization for handling the gambling /~/~) (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager _A¢5-¢.. ¢-~-¢, (At least $10,000.) Name of Company furnishing Bond ~/~--~>-~e~77.- ¢1¢ /~,~¢&~'7]'~_and we agree to file a copy of the bond with the Ci{y Clerk. Name of Bank where gambling funds will be kept /~-~ Bank Account Number for gambling funds Are funds in the above account mixed with other funds (Answer must be "Not') AGREEMENT The ~-~_~-0 ~ £'T ..... ~--//..~ . hereby agrees that if the license herein Name of Appli%a~t is granted that the ~.]'~_.~--, ~S'~- ~<"-// 3 will save the City, its officers Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any of the activities author{zed by the license. It is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the ordinance and the ~-~-O__~ ~}F ~,k] ~a3-~ ~-//~ Name of Applicant hereby authorizes the Bank named above as the keeper of gambling funds to allow the City access to the figures and activity of account number (?-O.~J3l~listed above. Signed by authorized Officer of Organization Date The above application is made on behalf of the C~&~. ~e~'r I~.~-~_C~-¢~J~: u~ ~$T ! and all information given herein is true and correct to the best of my knowledge and bel ief. Date Signature Annual Licenses: Expire on January 31 of each year. Fees are not prorated for licenses purchased after February 1. CITY of MOUND March 8, 1983 5341 MAYWOOD ROAD MOUND, MINNE~SOTA 55364 (612) 472-1155 TO: FROM: CITY COUNCIL & CABLE T.V. COMMITTEE Fran Clark, City Clerk Enclosed is a copy of the questions Tom Creighton has asked Dowden Communications regarding their proposal to the City of Mound. A public hearing before the City Council has been scheduled on the Dowde~ proposal for Monday, March 21, 1983, at 7:30 P.M. in the Council Chambers at 5341Maywood Road. Please plan to attend. This is what the cable industry calls the "Dog and Pony Show". You will note in the letter from Tom to Dowden, that he will be sending Dowden's response to the questions to you before the public hearing. fc enc. I.AW OFFICES STERN, LEVINE, SCHWARTZ, LIFSON, CREIGHTON & 81JNIN ^ ..o. Ess,o.^~ 5005 SOUTH CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 37'7-8620 SAMUEL L. STERN ROSERT M. LEVINE MICHAEL D. SCHWARTZ SCOTT A. LIFSON THOMAS O. CREIGHTON RICHARD O. BUNIN JOHN F. WAGNER BRIAN F. COREY March 4, 1983 Mr. Thcmas C. Dowden Dowden Oumma~ications, Inc. One Piedmont Center Suite 220 3565 Piedmont ~oad, N.E. Atlanta, GA 30305 Questions of your proposal to the City ofMound, Minnesota Dear Mr. Dowden: Please find enclosed scme questions to Dowden Communications' proposal for the City of Mound. We appreciate the fine proposal from Dowden for the City of Mound but have a few questions of clarification regarding the proposal. We have proceeded to schedule a public bearing before the City Council on the Dowden proposal for March 21, 1983. it is our desire to clairfy scme points, in the proposal so that we can move as quickly as possible to the awarding of the franchise for the City of Mound to Dowden Cc~nunications should that beccme the desire of the City Council. As a result, we would appreciate your response to these questions prior 'to the bearing before the City Council in March. We are aware that this does not give you a lc~g period of time. Hc~ever, if you could have YOur responses to me by Thursday, March 17, 1983, I could distribute them to the Cc~aission and the City council prior to the meeting on 'the 21st. Your cooperation is greatly appre- ciated. If you have any questions, please feel free to contact me. Sincerely, STEN~, [AWINE, ~, LIFSfN, CRE. I~ & BUN/N, P.A. · 00: Mr. Jon Elam Richard Joyce, Regional Director $32 LAW OFFICES STERN, LEVINE, SCHWARTZ, LIFSON, CREIGHTON & BUNIN A I~ROFE$SIONAE. A$$OGIATION SODS SOUTH CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55~,16 (612) 3'77-8620 SAMUEL. L. STERN ROBERT M. LEVINE MICHAEL D. SCHWARTZ SCOTT A. LIFSON THOMA~= D. CREIGHTON RICHARD D. BUNIN JOHN F. WAGNER BRIAN F. COREY March 7, 1983 QLESTI~S TO [I)WDEN ~CATIONS REGARDING MOUND PROPOSAL 1. Your channel allocations channels~ 31 through 34 are for. pay chan- nels. Can the four pay channels be purchased by individuals taking the Basic I twenty c~e channel service? 2. In your discussion of the Germantc~n Tennessee system in Form D page 1 of 2you state the franchise was awarded July, 1982, and construction is projected to be completed in November, 1982, yet the first subscribers were served prior to both of these dates in June, 1982. Could you explain this discrepancy in dates? Similarly in the same form for the Stawberry Point system the franchise was awarded in December, 1982, and the first subscribers are served October, 1982. Please explain? 3. Is your form correct that Brooklyn, Iowa, was awarded August, 1982, with the construction to be cc~pleted in spring of 19827 4. A number of your systems are projected for construction in the sPring of 1983. Will this effect or delay the construction of the M~und system? 5. Why did a number of your one mile systems take over cne year to construct frcm the award of the franchise? 6. Form F, page 3 of 7, would Dowden Communications furnish scme con- firmation of the $7,000,000.00 line of credit frcm Freed National Bank of Rhode Island? 7. What service do you anticipate substituting for The Entertainment Channel? 8. In form G, page 8 of 14, the $27.50 labor for underground ~ installation and the resulting $44.50 per drop for underground appears to be a bit low for estimates in other cable systems. Please explain the basis for these figures. 9. Form G, page 11 of 14, 'Please explain the staff which is repre- sented by the salaries listed for origination expenses. Questions Page Two 10. Form }{, page 1 of 5, the entire city is the intital service area. Is it the intent of your proposal to service all dwelling units within the cor- porate boundaries of the City of Mound? 11. (Form H, page 1 of 5) Since new housing developments within the corporate boundaries of Mound would be within the initial service area, service would have to be provided to those homes. Therefore, please explain the following sentence frcm Form H, page 2 of 5: "Service to new housing developments without regard to density would be the most econcmical means of pro- viding service Or when density reaches'30 hcmes per mile, or as other utitilites go .underground to the new area, whichever is earlier". What does thi~ sentence mean? 12. Form H, page 1 of 5, question 2 the last sentence states "special requests, however, will be charged at cc~pany cost." Please give an example or define a "special reqUest". 13. Form I, page 12 of 18, you state that "if subscriber interest exists upstream capability will be activated". What standards will be utilized to determine if subscriber interest exists and whose will be the final decision? 14. Form K, page 1 of 3, you state that Dowden "expects" to produce certain kinds of programning. Will you guarantee that either such prograsming or its equivalent will in fact be produced? 15. Can portions of the locaI origination equipment be moved to the Westonka Cc~munity Services Buildings for community use if the City so requests. 16. In Form K, page 2 of 3, under goverr~ent access you state that if a h~adend site close to city hall is choosen a~l sessions will be shown live. If such a headend site is not c~osen, what are your plans for covering sessions of the City Council. 17. In Form K, page 3 of 3, section 5 where will the character generator be located? Is it portable? 18. Will the access facilities be available without charge to non- commercial access users? If so, what are the standards and maximum usage without charge for such individuals? 19. In Form L, page 2 of 2, item 2B, when will the parental lockout device be choosen and will the city have an opportunity to approve whatever device is choosen? Questions - Page Three 20. In Form N, page 1 of 1, paragraph 5, please elaborate and be more sPeCific on this statement "this upgrade will be at a higher cost for the higher · tier of services, with a one time security deposit of $25.00 to $30.00 likely for those subscribers, plus the cost of the interactive service itself." After your elaboration and explanation of the specifics, please explain what control the city will have over this upgrade and the possible higher costs of such ser- vice. 21. In Form N, page 1 of 1, item 6A, you state that "the requirement of a pay option on the first tier is not specifically provided under the Dcwden proposal, but the costs or charges to the subscriber are not affected." Does this mean that Basic Tier I subscribers will not be able to subscribe to the four pay options? What does this sentence mean? 1. Are you planning any pay-per-view offerings? How will they be implemented? 2. Is the addressability adapter of the Do, den converters currently available? If not, please explain the planned availability of said adaptation. What standards will Dowden use to determine the feasibility of adding this addressability feature? 3. Where do you view the biggest risks in your system for the inva- sion of subscriber privacy? How will you deal with these problems? 4. In light of Dowden' s. overestimation of the number of existing households in the Mound initial service area, please explain your estimates as to future rate schedules, assuming all other things equal except the number of households in the initital service area being in reality 20% less than those estimated by Dowden. 5. Recognizing that certain progran~ing services ccme and go in the future, please explain in detail Dowden's policies and procedures for the addi- tion and deletion of programming services, including specifically the amount of influence over those decisions which the City Council will have. 6. Do you have any current plans for the expansion or technological upgrading of the system in the future? If so, what is your ~y's policies regarding the implementation of these plans? What influence will the City Council have in this area? LEGAL NOTICE NOTICE IS HEREBY GIVEN, PURSUANT TO MINNESOTA CABLE COMMUNICATIONS BOARD 4.140.E.1 YOU ARE HEREBY NOTIFIED THAT ON MONDAY, MARCH 21, 1983, AT 7:30 P.M. IN THE COUNCIL CHAMBERS AT THE CITY HALL, 5341MAYWOOD ROAD, MOUND, MINNESOTA, OR AS SOON THEREAFTER AS POSSIBLE, THAT THE CITY COUNCIL OF THE CITY OF MOUND WILL HOLD A PUBLIC HEARING TO AFFORD REASONABLE OPPORTUNITY TO BE HEARD TO ANY INDIVIDUAL WITH RESPECT TO THE DOWDEN COMMUNICATIONS, INC. CABLE TELEVISION pROpOSAL FOR THE CABLE T.V. FRANCHISE IN THE CITY OF MOUND. COPIES OF THE PROPOSAL ARE AVAILABLE FOR INSPECTION DURING REGULAR BUSINESS HOURS (8:00 A.M. TO 4:30 P.M.) MONDAY THRU FRIDAY AT THE CITY OFFICES, 5341MAYWOOD ROAD, MOUND, MINNESOTA. ~cene C. Clark, City Clerk Publish in The Laker March 8, 1983 and March 15, 1983 5'3g FutUre o£ Cable. TVPro rammin ' By -~ALLY BEDELL Despite cable television's promise of abundance, these are. peculiar times for the industry m a time of re-' trenchment, of disappointment min- gled with hope and of pragmatic`as. sessm~nts of the limits of what view. ers want and are willing topayfor. . inalysti me.ts brought prise: news of the demise. on-March 31 of the Entertainment Chanuel, a pay-television network lea:. Brbadway productions; and the dis- . closure that Ted Turner, the enterpre- neurial maverick of the cable indus. · try; has been actively seeking a part. i nership for his company with one of the'three major television networks, which he has until now seen as rivals. \ Mr. Turner, whose Turner Broad-~' cakting System Inc., has yet'to show a profit, has, in effect, acknowledged . that his cable venUire may be unable*- to continue independently. ' · · Despite this unrest, the cable televi- sion industry is also awaiting the debut of two new program services.~ The'Nashville Network, .which is to ;rams, including films and cartOons from the Disney vaults as wen as new programming. · The Nashville Network will be sup- ported by advertisers and offered to cable subscribers for no additional fee. The Disney Channel will be a pay television channel and will cost view- ers $7 to $10 a month beyond the basic ~ cable service charge. · ArUneofr~en=. -. These lates~ develop~nents, coming on the heels of las~ November's de*' raise of an expensive cultural service, 'CBS Cable, and a series of mergers. among mai[or communications corn*. paUtes in the pay television field, rep- resent'an acceleration of the shakeout · in cable television progr~mm!~ thaC The chn~Ee can be attributed to a '.recognition that in pay television pro* grsmmi~ for which viewers pay an extra charge beyond their basic cable as Home B~x Office, Showtime and the Movie Channel may have frozen out lhter arrivals on the cable scene. And ~or advertiser, supported nels, the road to profitability is new longer than originally expected be* be~in _Monday, will offer 15 hours a ycause of an apparent paucity of view- day of country music and dancing, ers. At the moment, 27 million homes game shows, variety shows and are equipped to receive cable televi- comedy programs to seven million sidn, but many services' attract IlO  :a?~le ..subs_.c.ribers._And .April 18 wUl more than a viewership in the tens of' me t.usney Charme~, a ~da~,ly 16, thousands. In its nine months of life,' - hour diet of family·and children s pm-. the Enterts~nment Channel mana~ .~ .... . ..... y .......... to sign up only 50,000 subscribers. ' · Many cable experls believe that, when the current ferment In cable programming settles down,/he num. ber of cable programming services available to viewers could fall from the/0 or so currently in operation to perhaps a dozen by 19~0. .' The failure of the Entertainment Channel could represent a turning point, in the view of cable experts. "It is going to take a herculean effort for f. program supplier to mount a mgjor frent in pay television on the order of Home Box Office or Showtime," said Paul Kagan, a cable analyst. ':/ The exception, however, may ~e the specialized channel with a name that confers instant recognition and ap- peal, such as the Playboy Channel, produced by Playboy maga;Ine, and ~he .c~minE Dis.ney Channel. 'The principal reason for thi/is the increasing ability of the entrenched services to pay more }or exdustve programming. As the leader, Home Box Office already pays top dollar for .original movies and series. Now that Showtime and the Movie Channel, the owned by a five-partner venture that includes Warner Bros., MCA Inc, and Paramount Pictures, they too will have that capability. ' . ;. Of. the 20 cable.services supported by'advertising,' none are profitable yet, and enly a handfu~are expected to be prospering five years frem now. "By 1990, if there is $500 million in. advertising revenue for cable, that '. can be divided up among about fonr or' five healthy networks," .,said Kay Kopolovitz, president of the USA Cable Network,'a sports and enter*. .tainment channel available to I$ lion cable viewers, ' riser support have led to belt-tiEhten- I veuev? .... y ele. me?? .mu.s~ i,~a hv some existtn~ services Mr !' come together vezore aaveruser-sup-I ~,~,.,~ o~_~,,~ ...... ,*~,~,~,,el Cable. ported cable programming can be I ........ ~ ~'~ its bud"et last ' .vro~aoie. -! ney umu; more caDM sys-. ~ws '~e~' ,dve~- ' terns ~eed to be built acr~.the coun- t's'' " try to provide additional outlets for ported channels, Daytime, a channel aimed at women, and ARTS, which runs kultural programming, cut back their staffs and curtailed .program-' At the same time, plans for a hum- i her of new channels have been put on { hold. Satellite News Channel II, an] ambitious rival to Cable. News Net-~ work that was due to begin this spring, has been put off indefinitely. Satellite, Channel I has not attracted as many ! advertisers as had .been proj. e~t.. ed. the various channels, and existir~ sys- tems need to be expanded. OUt of ~ mtllion homes with television sets in the country, only 45 million currently , have access to cable. . ' ,. And, before advertisers increase their spending, cable programmers must show that many more viewers are watching. At the moment, spend. trig for commercials on cable televi- sion totals $225 million a year m com- pared with $.5.6 billion spent on the three networks. In the meantime, cable program- /reefs, like Mr. Turner, who are de- pendent on advertising revenues can be expected increasingly to turn to major communications companies to tide them over until profits can be 'madeJ ()-!: M()L ND MOUND. i'dI~'I4ES~'~F.. - I&l:?, .172-1 March 9, 1983 To: Sharon From: Judy Attached is a resolution needi.ng council approval to revise the 1983 budget to reflect the hospital and dental increase in premium. This will be reflected in the appropriation column of the' monthly budget reports upon council approval. We are not certain what the other increased insurance costs are at this time, but when we receive them, .we will revise the budget again at that point. RESOLUTION TO ADOPT THE FOLLOWING REVISED HOSPITAL/DENTAL COSTS FOR 1983 WHEREAS, the hospital/dental costs have increased since the budget was adopted October 26, 1982, and 'WHEREAS, a contingency amount of $6,404.00 was included in the 1983 budget to cover this increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: To adopt the following revised hospital/dental costs for 1983: Department Hosp/Dental Budget Revised Adjustment Adopted Oct'. 26, 1983 Manager $ 4,538.76 $ 4,903.20 $ 364.44 FinanCe. 3,995.40 5,520.24 1,524.84 Police 20,230.00 22,152.54 1,922.54 Planning & Inspection 3,112.OO 3,405.00 293.00 Street 11,353.20 11,980.O2 626.82 Shop & Store 2,O16.OO 2,118.12 102.12 Parks 3,111;OO 4,236.24 1,125.24 $48,356.36 $5~,315.36 $5,959.00 Contingency $ 6,404.00 $ 445.00 ($5,959.00) Liquor Water Sewer $4,978.00 $5,389.68 $411.68 $7,024.80 $7,460.61 $435.81 $4,708.80 $5,209.05 $500.25 $71~471.96 $72,819.70 $1,347.74 TECHNICAL FACTORS INC. 3222 SNELUNG AVENUE, MINNEAPOLIS, MN * 55406 HANSON PUMP SERVICE CO. March 7, 1985 612 · 72t-1625 City of Mound C/O Public Works Dept. City Hall 5341 Maywood Road Mound, MN 55564 ATTN: Greg Skinner QUOTATION #83-89 Dear Greg: We would be pleased to offer a quote to the City of Mound for the upgrading of your present #A3 lift station as follows: QTY 2) ABS Model AFP 003, 230 v, 3 phase, capable of pumping 100 GPM at 33' TDH 4] l] slide bars and base elbows #328881 floats cable rack QTY 2) 2" galvanized guide bars QTY 2) Flomatic 4" ball check valves QTY 1) 3 HP, 230 v, 3 phase Duplex control panel as manufactured by Powertronics to be a duplicate to your #E4 lift station panel. IT~: Labor of installation to mount equiI~r~ent using the cities ~ turn gate valves and some existing piping. ITEM: Labor and materials to sandblast and paint interior of station with coal/tar epoxy paint. ITEM: installation of electrical control panel ITEM: One year warranty on panel and S year warranty on pumping equipment. ITEM: Start-up 3- /o TECHNICAL FACTORS INC. 3222 SNELUNG AVENUE, MINNEAPOUS, MN * 55406 HANSON PUMP SERVICE CO. Mard~ 7, 1983 612 · 72~i-'1625 City of Mound C/O Public Works Dept. City Hall 5341 Maywood Road Mouhd, MN 55364 ATTN: Greg Skinner Dear Greg: QUOTATION # 83- 89 We would be pleased to offer a quote to the City of Mound for the upgrading of your present #A3 lift station as follows: QTY 2) ABS Model AFP 003, 230 v, 3 phase, capable of pumping 100 GPM at 33' TDH QTY 2) slide bars and base elbows QTY 4) #328881 floats QTY 1) cable rack QTY 2) 2" galvanized guide bars QTY 2) Flomatic 4" ball check valves QTY 1) 3 HP, 230 v, 5 phase Duplex control panel as manufactured by Powertronics to be a duplicate to your #E4 lift station panel. Labor of installation to mount equipment using the cities ¼ turn gate valves and some existing piping· IT~i: Labor and materials to sandblast and paint interior of station with coal/tar epoxy paint. ITEM: Installation of electrical control panel ITEM: One year warranty on panel and 5 year warranty on pumping equipment. ITEM: Start-up Pa~e 2 Quotation #83-89 City of Mound NOTE: City has all responsibility for the by-pass p~np[ng o£ the station during the construction period. NOTE' ~]~e existing equipment will be returned to the City. TOTAL DELIVERED PRICE OF EQUIPMENT INSTALLED ....... :--$ 8,036.00 F.O.B. factory with full freight allowed. Terms are net 30 days and price is fire for 30 days. Delivery is 4 to 6 weeks after receipt of order. No taxes are included. ~Fhis quotation is made under the standard terms and conditions of "ABS thumps,Inc.", a copy o:f which is attached. ~xank you for the opportunity of quoting. We hope we may be of further service. Yours very truly, '/~ ~"' L Robert Wright P~¥gc attachment Page 2 Quotation #85-89 city of Mound NOTE: City has all responsibility for the by-pass pumping of the station during the construction period. NOTE: The existing equipment will be returned to the City. TOTAL DELIVERED PRIC~ OF EQUIP~NT INSTALLED .......... $ 7,236.00 F.O.B. factory with full freight allowed. Terms are net 30 days and price is firm for 30 days. Delivery is 4 to 6 weeks after receipt of order. No taxes are included. This quotation is made under the standard terms and conditions of "ABS Pumps,Inc.", a copy of which is attached. Thank you for the opportunity of quoting. We hope we may be of further service. Yours very truly, Robert Wright RW/gc attachment Section 200 Page 2 April 1, 1980 ABS Pumps Inc. 25 Village Lane Wallingford, Connecticut 06492 ~203) 269-4764 TERMS AND CONDITIONS ..., - A.;, ,,~,h.i wHI ~,unshtute a contract between the Company and the t_'luyer who;ri dccei,l~d ~n w~Hmg by the Com. i,,,~ .~ ,~ ~ts h,,me gilles in Walhng/ord, Connecticut A contra~:l resulting: h~)m Ihs d~.ct¢id;Jn(;(. (~f an Order may t.)~' (.dnCeled of altered by the Buyer only if agreed to in writing by Ihs L,~,~ltpdriy al ~I~ h~n~e (~ll~ce, subject to p,~ymt~rH of ~easonable c~arges necessary to protect the Company from I~ss. Unlil accepted, as provided r~(.,~, an o~der shall constltule an offer to purchase. Neither the acceptanc~ of any deposit made wilh an ~,rde~ r~o~ the cashing of any check or other instrument therefor, nor the holding of such deposH by the Com- p,thy shall be deenmd an acceptance of an order, but if the o~der is not accepted, t~e Company will promptly ~'lLIfld SUCh deposit. 'I he O~mparW sh~ll not be liable for any lailure to make delivery, lot late delivery, or oth~,f deJduIl by reason of ;tll~ ,~l f Ll' f,:l~l.~ Of (,OflJlJ~]t~flCy beyond Ihs reachable 6onifut ct the Oomp~f~y rjr dj dlW Of llb ~uurces of sup- '~-~V {~xtend dehv,.~y =,~'hu(lules or may. at its option, cancel ~h~orde~ in whole or Hi paft wdhout liability olhef th~ul 1~ ~elufn any d~po51t or pre.payment should the whole order be canceled. ] I~t ~L~yer will ¢e~lnlbLifse the Company for all taxes, excises and similar charges based upon or measured by t~., [)f(),JLJ~;~l~ln. slur ~ge. ~ale, transportation or use of the products described harem. ~h~, k,~)nq),~nV w,,~ant5 Ihat the products (except products made by the Company lo drawings or specdica. f~)~J.~ of Ihu ~[jy~.~) wdl nol in themselves inlringe any Untied States patent, but the Company assumes no ,)td,g,H~(~n m ~eg;~rd to patent infringement resulting from the use of the pr~ucts in combinahon with eqmp. m~H ~, ~)tl~er p~oducts not furnished by the Company. Liability under Ih~s warranty ts hm~ted to the aggregate ,~,,('),~H .~x(:lus~ve of taxes and iransportation) to be paid hereunder and is conditioned upon the Buyer's giv- "~,t tt~ C~)mpany prompt written notice of any claim Of patent infringement and granling the Company ex- ~,h~s~ve conuol of the settlement or litigation thereof. t he Company shall not be bound by any termj, cofldJtlo~s, or representations which are not stated herein. - the Company shall nol be obligated t~ p~m hereunder i.f. a~ any time, Buyer's credit rating becomes I he' Company shall retain a security Interest In th~ ~f~u~ta Bupplled hereunder to secure perfor~nce of Buyer's obhgat~on5 and Buyers shall ex,ute all flnan~tng statements and other instruments that the Com. p,)ny deems necessary to protect ItS J~urlty tnterelt. If the Buyer defaults m any of its obligations hereunder or ,5 unable to pay ,ts debts as they mature, the Core,nY jhell have the right to repossess the products or cancel unshipped balances with or without reset to legal p~eJJ. All malur~al ~s sold F O.B. shipping point and tille and risk of lose paeee~ to Buyer on delivery tO the common '. carrier at sh~ppmg point O~ders for replacement ~aterlal mu~t be a new purchase order. The Buyer shall have Ihs r~ght to inspect the p¢~ucts pfl~ to payment and acceptance a~d H Buyer's Inspec. t~()n ~ev[,al5 any d,~tucts m the products, Buys[ shall notify the Company within thirty (30) days after receipt of t~ prOdUCt~ Of ,~y ('1,~111) Buyer m~ght have concerning such ~tects. Buyer's failure to notdy the Company wdh~n %uch thuty d,~v pe~ud shall constitute a waiver, by Buyer of all claims covering such defects in the produc~5. Th~ Oor1'lD~l~T % ,I, ..~pt~fice Of order cancellation Or or~i[f~uotlo~ requests is conditioned upon receiving The Company re,,,~[~,,~ the right to refuse to accept ~;~r~et~'~tch does not meet quantity requ,rements which th~ ComU,~'~ ~,~,,y ustabhsh for any given pr~U¢t0r group of products. Pr~'o5 ar~ b,.,%,,d (m ,l,,,,l~ty levels commensurate with ~ormal processing. If a different quality level is re qJ,~ud. Buy~:~ ~,~Lmt 5[.~,~ty the~ requirements and pay a~y additional costs that may be applicable ~' .. ~[~n~[,dr)~ ~%~Jt w,., ih~, r~ght tO correct cleri~l or ste~raphic errors or omis~uns qhu ~rrT~s ue tr,,~, . .~ ,.,,~t.,d ~md all rights and obligations hereunder shall be gove-~ed by the law~ gl the TO: QUOTATION tipi-stiati9 DRILLING AND EOUIPMENT CO. 16940 HWY. 55 WEST · PLYMOUTH, MN · (612) 553-1234 · MAILING ADDRESS: P.O. BOX 252 · HAMEL, MN 55340 CITY OF MOUND Attn.: Mr. Greg Skinner 5341 Maywood Road Mound, Minnesota 55364 PROJECT: Renovation of air ejector type Lift Station to Hydr-O-Matic Submersible type - 230 volt - 3 phase ~ - ................. ~RCHT,/ENGR' ' DATE OF QUOTE February 23, 1983 DATE OF eld OPENING. SPEC, REF, City Gentlemen: With reference to the Subject Project, we are pleased to present for your consideration our proposal for furnishing the following: QTY. DESCRIPTION UNIT PRICE EXTENSION Lift Station A3 - 100 GPM ~33' Furnishing of Pumps & Controls includes: 24~m~. Hydr-0-Matic S4N300- 3 H.P. 230/3 phase *Note Duplex Control -Nema 3R - Pole Mount with running time meters condensation protective heaters and thermostat, hi-water alarm and lexan 100 watt red light, duplex outlet, 4 mercury floats and hanger. Standard 2 pump alternator and overload protection. Your price F.O.B. Mound $5,775.00 1 Lot Labor to install pumps, coat interior of pump chamber with coal-tar epoxy, electrical installations (not including trenching) I Set Piping for above installation - includes 2 Gray BCV - 4" Ball Check Valves 4 2" Galvanized guide bars 1 4" CI Elbow 15 Sets of nuts, bolts & gaskets 1 Lot misc. uniflanges and spacers to fit City to provide - 2 or 3, 4" plug valves, 1 - 4" elbow, 1 - 4" tee - to be salvaged from present station. Your price F.O.B. Mound $4,189.00 *Note These pumps are in our inventory and are less /~---~~ expensive than the explosion proof S4NX300 previously q~ oted. Very truly yours, PUMP ~.~C~ P.S.: Our last quotation was based on special pricing we received from suppliers on October 1981. This price reflects 3 small increases in' electrical & mechanical costs since then. STANDARD TERMS AND CONDITIONS The Terms and Conditions of Sale stated herein shall constitute an integral part of any quotation or contractural agreement between Tri-State Drilling & Equipment Co. and the Buyer. In accepting Tri-State Drilling & Equipmel Co.'s quotation or proposal the Buyer's Purchase Order shall not change any Terms or Conditions in said proposal. AcCeptance of quotation or proposal by Buyer must be pursuant to and in accordance with this agreement. No additional, different or inconsistent Terms or Conditions in. Buye[s..acceptance or order shall become.part of this agreement. . · ACCEPTANCE "' Unless otherwise expressly stated herein, this quotation shall expire 30 days after its date. DELIVERY Except as otherwise specified in this quotation, delivery will be F.o.B. manufacturer's point of sh'ipmen~, With freight allowed to job site. Time of delivery is an estimate only and is based upon th.e receip.t of a!!.infor.rnation and necessary approvals. The company shall in no event be liable for delays caused by fires, acts of God, strikeS; labb'r difficulties, acts of governmental or military authorities, delays in transportation or procuring materials, or causes of any kind beyond the company's control: WARRANTIES The equipment offered is warranteed in accordance with the terms of the manufacturer. PRICES All prices exclude sales, use occupation, license excise, and other taxes in r~spect of manufacture, ~al.e, or delivery~ .. all of which shall be paid by the .buyer unless a proper exemption certifi(Sat~ is furnished at time of. order placem~n+' Prices are subject to adjus{ment'aft~r 3'0' day~"from date of qUote dnless confirmed with pur~;hase 'agreement., .L. ~' ~ '-r ~-~,': .'[.'C ~ .....,. "..~ ._. ~ ' TERMS . If not otherwise specified in the quotation, the terms of payment shall be balance net within 30days after shipment. Overdue payments are subject to a service and carrying .surcharge of one (l'/z percent per month equivalent to ei~hteeh (18%) per annum on the outstanding bala'nc'e, ~lus collection costs, if any. In all cases payments, other than. initial payments, shall be made pro rata as principal items are shipped if any proceeding be instituted by or against' buyer under any bankruptcy or insolvency law, or if in the company's judgement buyer's financial situation justifies such action, the company may, at its election exercisable at any time prior to delivery require payment in advance or cancel the order as to any unshipped item and require payment of its reasonable cancellation charges. If buyer delays shipment, payments based on date of shipment shall become doe a~ of the date when ready for shipment. If buyer delays completion of manufacture,, the company may elect, to re'quire payment according :'to percentage of completion and/or may increase prices to those in effect at time of shipment. Machinery held for buyer shall be at buyer's risk and expense. --- TITLE AND LIEN RIGHTS The equipment shall remain personal prOperty, regdrdless 'of how' affixed to any realty Or dtru~:ture =until'~{he price (including any notes given therefor) of the equipment has been fully paid in cash, the company Shall, ih the event of customer's default, have the right to repossess su.ch, equipment. OTHER LIABILITIES Under no circumstances shall the seller have'ar{y liability for liquidated damages or for COllateral, conseqUential or special d.amages or for loss of profits, or for actual losses or for loss of production or progress of construction, whether resulting from delays in delivery or performance, breach of warranty, claims of or negligent manufacture. damage in transit or other otherwise. The aggregate total liability of the seller under this contract, whether for brea, of warranty or otherwise, shall in no. event exceed the contract price. Buyer agrees to indemnify and hold harmles~ seller from all claims by third parties which extend beyond the foregoing limitations on seller's liability. This quotation may be changed or be revoked and withdrawn by the Company at any time upon written notice to the Buyer. March ll, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: WATER UTILITY WORK-OFF For some time I've been concerned about trying to utilize some of the people who are out of work to help cleanup some of our vacant lots, parks, etc. We have people whose utility bills are getting well over $100.00 (est. 30-50 people). Clearly turning off the water doesn't seem to be the answer since they have very little income to begin with. Putting on next years taxes won't help either, because it could cause later on tax delinquencies. In the end, I think these are unusual times and the City really should figure out ways to help. What I would propose is to select 3-4 people at a time to work up to 4 hours per day at $3.50 per hour. The City would not loose because the.costs to cleanup the lots would be billed or assessed against the property with the money going to the Water Fund. The demand for cleanup is high (I would estimate it at 100-200 lots)). I would have each person sign a release form that would hold the City harmless, but I would also try to insure that the specific job tasks were simple and relatively non-risk. Enclosed is a memo from Curt raising his questions and a clipping from a hospital in Illinois that is doing it already. What do you think? JE:fc eric. A. THOMAS WURST, P. A. CURTIS A. PEARSON, P. A, JOSEPH I:'. HAMILTON, R A, THOMAS J:'. UNDERWOOD, P, A. JAMES D. LARSON, R A. JOHN J. BOWDEN LAW OFFICES WURST, PEARSON, HAMILTON, LAR$ON ~ UNDERWOOD I100 F'IRST BANK PLACE WEST MINNEAPOLIS, I~INNE$OTA ,..~540~' March 2, 1983 TELEPHONE (6|2) 338- 4.::' 00 'Mr. Jon Elam City Manager City of Mound 5341 May-wood Road Mound, MN '55364 Re: Water Work, Off Dear Jon: Fran has sent me by letter on February 24 a suggested letter that you are considering sending to people who have delinquent bills and who are unemployed. My comments on that letter are as follows: In paragraph one there should be some comment re a disconnect and a connection charge which follows your normal practices. In the third paragraph you suggest that these people may work some hours for the City in lieu of paying cash for the utility bills. The problem I see with this is potential problems for workers compensation claims. I am sure that you do not hire City employees without physical examinations. If a person were to be working for the City and incur some injury or aggra- vate a prior condition, it could be tremendously expensive to the City. Another comment relating to this is the potential liability to third parties who would in some way be injured as a result of negligent acts of these part time workers. I pre- sume you have also considered the increased supervision costs, decreases in water revenue and other factors that may flow from such a plan. Jon, as I said in the office, this is not an attempt to shoot down your plan, but I do think there are some real potential problems for the City in proceeding. ir s , son ~ity Attorney CAP:ms ~:~ Ill, jobleSs paint,' ~hammer 'to pay~ ' -.off hg.spi, tal b~l!~ :' ! Special for USA TODAY . is easing the pain f'~its ~'m~ ployed patients.. ·: . '... The 34-bed hospital i~ allow~ · lng unemployed patients to work off,~their' bills by doing' chores-like painting, lan .d~calY · lng and carpentry. - ',?. ,. ~ The patient~ are'hired.at $5' an ·hour, and their pay- cheCks go to the hospital ~ A patient, unable to pay a $150 bill suggested the idea.. Appl ebaums Anthonys Ac ro-M i nnesota Gayle Burns Brooklyn Prk Pollce Dept Robert Byrnes Badger Meter Blackowiak & Son Holly Bostrom Butler Paper Butchs Bar Supply Chris Bollis Bradley Exterminating Jan Bertrand Commissioner of Revenue Robert Cheney Bil 1. Clark Standard Coast to Coast Continental Tele Coca Cola Bottling Gary Cayo City Club Distrib Mike David Dept Property Taxation Davies Water Equip Dependable Services Day Distrib Ditch Witch of MN Don David Ins. Explorer Post 9929 East Side Beverage Jon Elam Feed Rite Controls Govt Training Serv. Gold Medal Beverage G1 enwood Ing 1 ewood Henn Co. Treas Henn Co. Sheriff Dept Halprin Supply Johnson Paper & Supply I.B.M. Illies& Sons Information Publishers J.B. Distributing Island Park Skelly Kromer Co. Kool Kube Ice The [_~ ker Doris Lepsch Lutz Tree Service Little Giant Indust. Mound Explorer Post 776 Mound Postmaster 19.75 25.00 98.02 28.53 20. O0 42.04 1,742.40 56. OO 350. oo 130.14 74.oo 4O. O3 19.00 19.24 3,3OO.16 334. OO 1,998.55 73.64 1,129.86 181.27 4.88 2,414.O0 74O. OO 228.86 161.82 33.00 1,979.98 2, OO0. OO 83. OO 225. OO 2,292.50 16.38 159.25 ~5.00 88.30 43.80 757.5O 100.98 682.94 143.5O 107.25 1,013.50 173. O0 78. O0 21.00 23.75 47.50 24.85 15.00 1,895.00 295. O0 24O.00 6OO. OO Mutual Benefit Life 573.79 City of Mound 41.51 Mound Fire Dept 2,922.60 Mound Postmaster 75.00 'Metro Waste Control 26,126.47 city oF Minnetr|sta 12S.OO Marina Auto Supply 401.18 McCombs Knutson 1,338.00 City of Mpls 34.00 Minnegasco 2,741.40 Mound Super Valu 99.65 Wm Mueller & Sons 2,586.69 Midwest Wine 893.15 Monarch Foodservice 62.10 Metro Fone Communications 11.80 Martins Navarre 66 30.00 Natl League of Cities Advncs~,710.OO Navarre Hardware 240.95 N.S.P. 5,961.78 NCR Corp. IOO.70 A;J. Ogle Co. 1,656.30 Planning & Development Serv 1,032.50 Perma Top 105.OO Pepsi Cola 242.25 Pogreba Distrib 2,831.70 Physicians'Health Plan 4,637.98 Michael Polley 39.00 Barry Palm 740.00 Regal Window Cleaning 10.75 Real One Acquisition 675.:0 Shepherds Rental Rugs 53.00 Spring Park Car Wash 114.10 Terry Sincheff 386.75 Standard Spring 386.90 Suburban Tire 8.50 State of MN Weights & Maas 240.00 Twin City Home Juice 30.24 Thurk Bros Chev 259.57 .Tri State Drilling 658.22 Thorpe Distrib 3,794.45 Village Chev 803.00 Water Products 19.25 Widmer Bros. 1,503.60 Griggs, Cooper 3,599.50 Johnson Bros. Liquor 2,953.03 Old Peoria Co. 1,549.97 Ed. Phillips & Son 1,443.87 TOTAL BILLS 102,296.37 A. THOMA$ WURST, P. A. C;WRT~$ A. PrA~SON, P. A. THOMAS ~. UNDERWOOD, ~ A. ~OHN ~* LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD I100 FIRST mANOR PLACE WEST MINNEAPOLIS, MINNESOTA 55402 March 8, 1983 · Abdo, Abdo, and Eick 440 Northland Executive Office Building 3500 West 80th Street ¥~nneapolis, ~ 55431 Re: Mound Audit - 1982 Gentlemen: I have.been contacted by Jon Elam, City Manager for the City of Mound, who has directed me to prepare a status report on outstanding claims that existed on December 31, 1982, and from that period to the date of my response. Mr. Elam has authorized the release of this information to your firm as the auditor for the City for calendar year 1982. I want to preface my remarks and my report by stating that during the year a number of people threaten litigation against the City. These threats are received at council meetings, over the telephone, and sometimes by mail, but most of those threats do not turn into litigation. I also want it understood that a number of lawsuits and claims for damages against the City are handled by the City's insurance company and the litigation in those cases is conducted by insurance company lawyers rather than the City Attorney. I do not envision out-of-pocket losses to the City as a result of that type of litigation because the City carries sufficient insurance coverage to protect us in the event of an adverse verdict. I will reView for you litigation currently being handled by me and this office as of December 31, 1982. The cases and their summaries are as follows: 1. Robert Udell v. Mound. This consists of a summons and complaint filed by the property owner. This allegation of damages in the sum of $20,000 was first filed with the City in 1979. The City has answered the complaint and will defend the lawsuit vigorously. There has been no action on this matter for the past three years. I have on occasion bumped into the plaintiff's attorney and asked him about the claim, and he sounds very indefinite about whether they will be proceeding. It is deemed advisable on my part to let the matter sit and remain inactive pending any action by the plaintiff. /~LSnOm!ueun se,'~ alo^ tte~ ttolt / ~qJ- q:l, !,l ~o^e.,.,l u ! /Atsnotu[ueun se~ a:to~. [teo i to~ / aqj.' uo[l,o,.u e papuooas q~,[~ .~o,~e) u! ~ /Xtsnotu[ueun se~ a~,o~ t Leo t t°~! ' / aqJ. uo!~,otu e papuooa$ /RLsnow[ueun se:~ =r~o~ t te:~ fro'ti / =ql_ co [ to~ e u,~, V~ Jo^e~ u ! /Atsnoud!ueun set~ ~.o,',. tie:) tto~ / aqJ- uo!'~otu e papuooas pue p~a^otu /Atsnotu!ueUn s'e,~ ~.o^ [teo lion! / aqj.- uo~.3otu e papuooas /-~9-~£-~Z~- t~ pue pa^ou~ ~1o^ q~,!,s do^e~ ut /&tsnotu~.ueun se~ o~o~ t teo t lo'~! / aqJ. uo!~,otu e papuooas !:IOA tt~!~ jo^e~ u! ~-~='~r-/&tsnou~!,ueun se'~ a~.o^ tie= tto~! / uo~ lOtu ~ popu,o:~.~,~ L','. q-.: ~: ~ ~t ~-C :: z .: ,.. WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Page 2 Abdo, Abdo, and Eick March 8, 1983 2. Perron v. Mound. This is litigation against the City and numerous other defendants, including the former prosecuting city attorney, a police officer, and the City. There was no action during the year 1982, but early in 1983 I was contacted by the plaintiff's attorney. This is not an insured lawsuit and if there is a recovery, it will have to be paid by the City of Mound unless the court should determine it is a workmen's compensation claim. The City has made an offer to the plaintiff in the sum of $1,500 and the plaintiff's attorney indicated they would settle for $2,500° This matter is currently pending. 3. McCarthy v. Mound. This is an appeal from a special assessment levied against certain property in the City for water main installation. The total assessment is $4,250.94. We have had no contact from the plaintiff in the past five years. We are also involved in a condemnation with the same party where the City condemned an easement against the McCarthy property and the commission awarded her $2,000. The City's check was forwarded to the plaintiff's attorney but for the last two or three years there has been a dispute between the claimant and her attorney and to our knowledge the check is still in his possession. We are continuing thi~ case in a hold position and there is no extensive liability to the City. 4. Elm v. City of Mound. These are two cases which are being defended by the City's insurance company. I am not aware of what is transpiring with these matters as I am not handling the defense. 5. Voorhees v. Gehring v. Mound. Voorhees sued Gehring and Gehring then third-partied the City of Mound. This is not an insured claim. I have answered for the City and have taken the position there is no liability. The allegation against the City is that we contended that there is an easement across the property which is the subject of the lawsuit and that such a contention was in error. There is currently no activity on the part of the City, and we are hoping that Voorhees and Gehring will resolve their dispute which will let the City out of the lawsuit. The City is involved, but the potential liability appears minor. 6. Carlson v. Mound. This case is being handled by the City's insurance carrier. The latest correspondence from the insurance company attorney indicates that they would expect a pre-trial conference sometime this surmmer. The matter should be resolved within the next year and any damages should be paid by the insurance carrier. WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Page 3 Abdo, Abdo, and Eick March 8, 1983 7. Mound v. Kemp. This is an action by the City Cega~ding a hazardous building. The only claim by the defendant is that the 'City has acted in bad faith in instituting the legal action, and they are asking for costs, disbursements, and reasonable attorney's fees. 8. Ruud v. Mound. This is not a lawsuit and the latest correspondence is a letter from the claimant's attorney, Donald Wheat, under date of October 9, 1981. The party had alleged damages as the result of 1979 street improvements. The City has taken the position no damages have occurred, and if they did, it would be the liability of the contractor. I report this but do not expect any action against the City. 9. City of Mound v. Zuckman. This relates to a building that was burned and which the owner has tried to remodel contrary to Council action. The City has obtained a temporary injunction against Zuckman and has filed a Summons and Complaint and is waiting ~or the permanent injunction. There should be no liability on the part of the City. 10. Richard Johnson v. Mound. In late 1982 and early 1983, a former City employee, Richard Johnson, has made claim against the City through his attorney, Joseph B. Marshall, that he is entitled to a job reinstatement and monies for any period of time he lost if he is not reinstated. The City Manager and I have taken the position that there is no such agreement in existence and the former employee shall have the right to apply for the job just as any other citizen. This may turn into litigation against the City, but based on the current facts, the potential liability appears small. 11. Thompson v. Mound. In early 1983, the City was advised through Vernon E. Faaberg, attorney at law, that the Thompsons purchased their home after obtaining a special assessment search. It is their contention that the search showed no assessments due or pending. Actually, there were assessments of around $3900. This claim against the City is based on negligence in reporting on the special assessment search. The matter has been referred to the City's insurance company for handling. 12. Vaneck v. Mound and Buffalo Bituminous, Inc. This is a case being handled by the City's insurance company and defended by them. The claim is for 204,929.53. This office has no direct involvement in the defense of this lawsuit. WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Page 4 Abdo, Abdo, and Eick March 8, 1983 13. Longley v. Mound and McCombs-Knutson. This is a case being defended by the consulting engineers and their legal representative and was scheduled for conciliation court trial a long time ago. The City has never been informed of the outcome, and the liability appears very minor. 14. Wagman v. Mound and Hennepin County. This is a claim against the City and the County for damages based on allegations of failure to maintain a shoreline. The Wagmans are also appealing a special assessment of approximately $1,500 for removing a tree from their property. The City has interposed an answer and is in the process of defending this claim. 15. Rager v. Mound. This is a water damage claim filed late in 1982. There is no stated amount in the complaint and the matter is being handled by the City's insurance company. 16. Weiland v. Mound and numerous other defendants. This is a dram shop ~case and plaintiff has sued six different bars and liquor stores alleging that they sold liquid to a co-defendant, Duane A. Dahl. The allegations of damages are in excess of $50,000 and it has been referred to the City's insurahce company for handling. 17. Gensler v. Mound. This relates to a fire at an apartment complex and alleges that a person was injured during the fire and mistreated by an unknown fireman. The matter has been referred to the insurance company who is ~defending the City, and the claim is for an amount greater than $50,000. I believe that the foregoing is a complete and up-dated sunnnary of current claims of which I am aware that have been filed against the City. You also ask the amount due us for services and expenses as of December 31, 1982. The amount owed was $4938.14, and this has been paid in its entirety. CAP: Ih cc: Mr. Jon Elam, City Manager City of Mound Very....truly yours ./ .... ~ .V //.~ I..'~'~ ~-~-"' · ,: / ,' ~,.,,/. {-7 ..... ./'. ~--. , curtis-'A': Pea~gon ~ity Attorney City of Mound, Minnesota American Legion Post 398 DATE FEB. 28, 1983 Gambling Report CURRENT MONTH YEAR TO DATE GROSS: 42230. O0 ~2230. O0 EXPE~ES: Sales tax ~126.00 Security Locks .. 62.26 PAYOUT AS PRIZES= PROFIT= ~188.26 ~25o.oo ~791.7a ~188.26 _ ~f'1250.00_ ~791 DISTRIBUTION OF PROFITS: A.F.S. ~375.23 Cub Scouts 60.00 Boy Scouts 85.00 Nat'l. Kidney Found. lO0.O0 Nurses Scholarship 200.00 Alaano 25.00 ~8A3.23 CHECKING ACCOUNT ~2.3~'8.90 ~8&3.23 COUNTY Count~ Revenue ....................... Count~ Social Services ............... Count~ Capital Improvement Fund ...... Count~ Reserve Bonds & Interest ...... Count~ Park Reserve District ......... Count~ Medical Center ................ TOTAL COUNTY MISCELLANEOUS LEVIES Metropolitan Council .................. Metro. Council Right-of-Wa~ L~an Fund Metropolitan Council Bonds & Interest Park Museum .......................... Mosquito Control ..................... Metropolitan Transit Commission ...... Metro. Traf~it Comm. Bonds & Interest Henn. Co..Regional Railroad AUthorit~ TOTAL MISCELLANEOUS LEVIES CITY OF MINNEAPOLIS Municipal Building Commission.., ..... Firemen's Relief ..................... Police Pension ....................... General Fund ......................... Permanent Improvement ................ Estimate & Taxation .................. Librar~ General ...................... Municipal Pension & Retirement ....... Police Personnel Expansion ........... Bond Redemption Prin. & Interest ..... Park Rehab. & Improvement ............ Park & Recreation .................... Dutch Elm Disease Control ............ Tree Preservation & Reforestation .... Development District Debt Service .... TOTAL CITY OF MINNEAPOLIS SPECIAL SCHOOL DISTRICT NO. 1 Bonds & Interest .... ~ ................ Capital Outla~ ....................... Transportation ....................... Communitw Service .................... TOTAL SPECIAL SCHOOL DISTRICT NO. 1 Rate in Mills 10.526 11.580 .351 .816 .658 1.553 25.484 .399 .074 .075 .350 .438 3.062 .267 .333 4.998 .605 2. 951 3.914 9.448 1.175 .016 2.109 2. 700 1.001 6.416 .228 2.7O2 .545 .884 .213 34.907 34.346 .440 1.809 3.010 .540 40.145 CITY OF MINNEAPOLIS Mill Rate Table Tax PaFable in 1983 Total Rate 105. 534 Total Rate i07 <20 (with Watershed #3) WATERSHED DISTRICT NO. 3 .086 RUDY PERPICH GOVERNOR ~TATE OF ()Fl.'leE O!~' TIlE ST. P~,UL February 16, 1983 TO: FROM: RE: The Honorable Rudy Perpich Governor of the State of Minnesota Gina Paulucci, Chair Task Force on Emergency Food and Shelter Initial Report on Homelessness and Hunger in Minnesota INTRODUCTION Since your inauguration, the Task Force Chair, the Assistant Commissioner of Public Safety and Task Force staff have launched a major effort to get the fastest and most thorough picture of hunger and homelessness in Minnesota. We have slept in shelters, visited tunnels and bridges where people sleep, gone to the drop-in centers, food shelves and shelters. We have met with scores of people representing nearly 50 organizations across the state. We have talked with people from drop-in centers, churches, shelters, the Red Cross, on-site feeding programs, city and county officials, foundation and corporate heads and the homeless and hungry themselves. Our aim was to reach the broadest range of people dealing on a daily basis with these problems. We wanted to hear from them abqut what is happening and together make some recommendations for what the state can do. This report outlines our initial findings and rec- ommendations for action. Here is what we have found: HOMELESS Current Situation The major problems with homeless People center in the Twin Cities and Duluth. While homelessness does exist in other areas we found that people are either doubling up or coming to the urban areas when there is no public room for them in their areas. The first wave of the homeless were people who lost public benefits (General Assistance, Food Stamps, or who were de-institutionalized from state institutions) when eligibility standards were tightened. The second wave are the "new poor", people wino formerly worked at low paying jobs, lost them and two weeks later needed emergency help. A third group are those who are potentially homeless and hungry; people facing probably layoff and those com- ing close to exhausting their unemployment benefits. AN EQUAL.OPPORTUNITY EMPLOYER Best available sources indicate that on a short term non-emergency basis, that there are enough beds in.the Orban areas to meet current needs. When an emergency hits we will need more beds and emergency housing backup system. We know that emergencies are coming;'winter storms will be with us for the next few months and we can expect serious below freezing temperatures. From mid-February to early March we expect that 1500 to 3000 people will have -. exhausted their 1983 General Assistance benefits and will have nowhere to go. With the economy continuing 'to worsen we can expect further lay-offs particu-. larly of low income service workers. All utility shutoffs are sending people out into the cold. Money for existing shelters is running ou~ and there is no money t~ expand the number of beds available for emergencies. Shelters, are a stop gap solution at best:' Long term affordable housing is what is needed and it is not available. The homeless exist because we have helped create them. The excessive tightening of General Assistance Eligibility standards and the closing of state institutions have created a whole new class of homeless. People who were getting'~y or who were being taken care of, now wander the streets. They need legislation to make'General Assistance available to more people. They need help from the legislature to extend the ward status for the mentally ill. Special housing is needed right now for the chronically chemically dependent. We found that what people want and need most is jOBS. Every available ' piece of data indicates that people see having a job as the solution to their problems'. What we are finding is that the deepening recession is creating a new class of low income people who have lost jobs and may never regain'them. .The major concern here is how to avoid consolidating these people into the permanent underclass. We run the risk of creating a new group of permanent poor. It is clear that an immediate jobs program must be instituted to put people back into the economy. People need jobs, not training.' We want to report that thereis' already a well organized, hard working local, church and volunteer-network that is working on a daily basis to meet the need. But they cannot go on forever or go on unaided. They need money to stay open and to continue to deliver sqrvices. They need.money to'build more shelters and improve the food shelves. And finally, ~e have to answer the question of whether we want'to perpetuate this back door General Assistance system or can we get at the root causes of the problems through job creation and expanded public assistance. Solutions to the Problem. The message from people came through loud and clear -- "RESTORE THE SAFETY NET." They asked assurance that no one will go without housing or food and that you will help mobilize the resources of the state to make it happen. Specifically, they asked the state to: I1, Make it easy for people to get food or housing and let people know how they can help. Establish state or local hotlines. Give people cen- tral places where they can donate money, food and clothing. 2. I~stitute an immediate backup system for emergency housing - free up money to help churches open up shelters, ask private industry to do its share, put the armories on standby alert to be available if neces- sary. 3. Deal with the root causes of the problem - liberalize the eligibility standards for General Assistance, make long term housing affordable, provide broader care for the mentally ill. 4. Use the auspices of the state to help coordinate public and private. fund raising efforts. Help mobilize the resources in the state to solve the problems. Action that we have taken: We have already responded to the shelters' most pressing problems by releasing the $1 million in emergency funds to keep them open. Additionally, those fund will allow counties to open new shelters to meet expanding need. We have received an enthusiastic response from the hotel industry and they will provide 300 free rooms across the state to be used as a b~ckup sys- tem if the shelters cannot handle the demand. Meals will be provided' at some hotels and local t61ephone service will be available to all. Northwestern Bell has made a commitment of its resources to provide and advertise hotlines. We expect to have an "800" number ready shortly and NWB will advertise it through radio and television ads, stickers, posters, and bill stuffers. The job that is left to do: When the Task Force convenes its major tasks will be: 1. Decide what action needs to be taken to keep shelters open, whether to expand and how to improve them. 2. Offer options for dealing with the special housing problems of the chronically chemically dependent and mentally ill. 3. Develop options for interim and long term affordable housing. Our intention is to involve the private sector in an ongoing way to pro- vide long term solutions. We have been promised research assistance from the Metropolitan Council and plan to use their expertise and the expertise of var- ious citizen groups to think out solutions to the long term problems. We are particularly looking at giving specific meaning to public/private partner- ships, we want to move industry from temporary voluntary charity to cutting costs or better still, making money by do.ing good. We want industry to share responsibility with the government and the non-profit sector in dealing with social problems. HUNGER No one knows the exact extent of hunger in Minnesota. All anyone can determine is that in the past year the problem has doubled and is on the way to tripling. It is estimated that over 500,000 people, nearly one-eighth of the state's population, are in need of some type of supplement to their diet. In October 1982, 535,398 persons were served by the distribution of Federal commodities of cheese, butter, and dried milk. Applications for fuel assistance {which is. one indication of financial need that mayindicate a need for assistance in other basic areas) from November 1982 to mid-January 1983 totaled 71,576 serving 195,402 households. * 198,000 people were unemployed as of December 1982. * 87,000 unemployed people are not receiving any unemployment benefits. * Over 25,000 people will exhaust their unemployment benefits by mid March. * If the Reagan Administration is successful in its attempts to further reduce the number of people receiving food stamps and School lunches, it is estimated that tens of thousands of people will need some kind of assistance in getting enough food to maintain a nutritionally bal- anced diet. · * (All figures are from.the Department of Economic Security) According to the report from the Spring Hill Conference on Emergency Food in November 1982, "requests for emergency food have more than doubled in the last 18 months. Food shelves and on-site feeding programs serving those peri sons without any means of procuring food are unable to meet the current need." Geographically, the unban areas of the state, experience the largest demand for.emergency food., although there are rural areas, particularly the Iron Range, that are also seeing a significant increase in demand. One reason the extent of hunger in other rural areas simply is not known is that in some areas food shelves simply have not been created and there has been little ~ local stimulus that would flush out the demand for supplemental food. A second factor is that since food shelves often'are a.local, indigenous effort ..to respond to crisis, existing networks communications are sometimes not suf- ficiently developed for other areas and food shelves to be aware of them. Our best guess is that in rural areas the need is'there and outside congregate dining programs for the elderly and school lunch programs for children and food stamps, hunger is a real problem. The true extent of hunger is not known. The greatest piece of evidence of growing need is that.as soon as a food shelf is opened there is an immedi-' ate and constant demand for its services. It is a commonly held opinion that people's lack of knowledge of where to get food and restrictions on how often people can get food keeps the true size of the problem hidden. ~ajor Resources to Solve the Problem: Churches and local food companies have led a strong local response to the problems of hunger. Food shelves have existed for a long time in the Twin Cities and other urban areas and their numbers have increased to meet the expanding need. Food for those shelves comes primarily from local churches and is sometimes matched by donations from food producing companies. Often food shelves will be the creation of a given church and that church's members will assdme primary responsibility for filling the needs. By and large, the food shelves have been independent, indigenous efforts to respond to the need. They are true grassroots creations. In the urban areas and the Range the network that ties them together is emerging and growing stronger. It is not complete, but is moving rapidly to include all the food shelves ~hat want to be part of the network. Its primary aims have been to coordinate buying and distribution of food and to adopt uni- form standards for eligibility and disbursal of food. It is less clear how well food shelves are coordinated outside these areas. Minnesota has a wealth of food resources and is fully ca~able of meeting the food needs of its citizens. The major problems are financial, political, and logistical. Minnesota's food companies have led the way in offering their products, money and organizational expertise to deal with this emergency. In addition, farmers, transporters, processors, and producers have responded when asked and when able. Because the emergency system built to deal with this problem is rela- tively new, a complete inventory of Minnesota resources available to help has not been compiled, and we have only begun to use the potential available. At the Spring Hill Conference, a major resolution was to form a Blue Ribbon Committee including representatives from all the state resources - gro- wers, processors, producers, transporters, food shelves, churches, food banks, foundations, corporate, and government interests that would set priorities for action to deliver food and coordinate the work tolget the job done. The - Governor's Task Force on Emergency Food and Shelter is in a good position to meet that need and has begun the work of building, that group that will take appropriate action. There is a tremendous amount of public and orivate good will out there that is waitinq to be galvanized into action. We need to give citizens of the state avenues for action that they can take to participate in feeding the hun- gry. Metro Food Share initiated by the Metropolitan Council of Churches and the Pillsbury Corporation is a model of private and non-profit cooperation that can be replicated across the state to better coordinate local giving and increase the inventory available to feed the hungry. Future Outlook With the economy continuing to deteriorate we can only expect £hat the demand for food will increase dramatically. With no indications of real growth in the steel industry or in farming continued layoffs in service and small manufacturing industries, an estimated 25,000 people about to lose their unemployment benefits by the end of February, we need to plan for an expanding and deepening need for food. In other words, we need to acknowledge that at th~s point a three-day emerqency suppl~ of emergency f'oo~' is not adequate. We know right now that we need to be talking about how to provide supplemental food to those people (5 to 15 days per month supply) and soon we may be talkinQ about providinQ the basic diet for the entire month, every month for a good portion of them. We also have to think that it is reasonable to expect that the number of people needing help will also be expanding so we are talking not only about more meals, we are talking about more meals for more poeple. We are talking about initially doubling and perhaps tripling the amount of food that we move every month. SOLUTIONS TO THE PROBLEMS There are four major ways tO get food to people: Increase the amount of money and food that is available from the Federal Government. 1. Federal food programs (food stamps, women, infant and child food pro- grams, school breakfast and lunch programs, summer food programs, child care food programs) are facing immediate cut backs in funding. Administrative regulations are changing who is eligib)e. State government and the Minnesota Congressional Delegation should be immediately activated to use whatever means necessary to oppose thos'e cuts. 2. Commodities. The Federal Government is sitting on so many pounds of commodities, that according to the USDA it costs the Feds $750,000 every day or $31,000 every hour to store it. At present only enough money is available for disbursement programs every 6 months. The Department of Economic Security is currentl~ working with the Community Action Programs to increase the dis- tribution of dairy commodities to a monthly basis. They key to this is getting the United States Department of Agriculture to release the other com- modities {canned meat, fruit, vegetables) and to raise enough money to tran- sport and deliver the food to the states as quickly as possible. With com- modities we could solve the state hunger problem from one source. - Increase the amount' of food and money that is donated from individuals at a local level. Food drives on the Iron Range, in Duloth and Metro Food Share are excellent examples of what well coordinated local drives produce. As a state coordinating body is built, regular, ongoing food drives can continue to gen- erate'a large amoun~ of local food and money and continue to meet the emergen- cy needs. Increase the amount of food~ product~ services and mone7 that are donated by Minnesota companies,..growers.~ processors~ translporters. While many Minnesota corporations have been extremely generous in their leadership and help in these areas, they represent only a fraction of the cor- porations that are out there-.that could help. With complete statewide coor- dination, all growers, processors, transporters, producers could be tapped for help in donating food and transportation, warehouse'space, money and equip- ment. Encourage local self~suffici.Qnc~. .People can grow their own produc6 and Minnesota has a wealth of seed, fertilizer and agricultural implement manufacturers and dealers who should be tapped. .What We Need to Know The first thing we have to do is to agree that our initial goal is to move from supplying emergency food to supplying supplemental food and to say that within the foreseeable short run we may be talking about providing basic diets for hundreds of thousands of Minnesotans. Secondly, the working mechanism, a statewide "Blue Ribbon Committee," needs to be formed and activated. Thirdly, all avenues of action need to be advanced and action needs to be ~taken to increase food donations from the Federal government, individual dona- tions and private sector donations and to encourage local self-sufficiency. Finall.y, during the'Spring Hill Conference much discussion was paid to the necessity for.better communication among all segments of the population dealing with the problems. We believe those problems will sort themselves out in the process of doing the work of bringing in more food and distributing it. Our first ageQda item is to increase the food supply and to build the network to store 'and distribute it. MOUND · SPRING PARK MINNETRISTA · NAVARRE MARCH, 1983 "_C_ _H~ .BER_ WAVES"~ westonka area chamber of commerce AND THE BEAT GOES ON!!! As a follow-~p't~b6e musical merriment of the Mid- Winter Ball, our March 16th Gener~i.~eeting"- will be a Membership Rec~pti~on at Lord Fletcher's feat,~ing the 'P~ul'Todd and Linda Eder Dinner Show."' This talented'.d~0 should provide us with a very.special evening. Rgser- vations ~are a must; please make sure that Chic (472-6780, 471-7297) con- firms your number of guests. Seating will be limited. This is an excellent opportunity for old and new members alike to socialize and expand their horizons, We will definitely take a m~ment to salute the captains of what is becoming a very succesful membership drive, Lets keep .up the positive~:'i.: momentum!! "Working Together" is the key, SOCIAL 6:00-7:00 DINNER 7:00 (Prime Rib-S14.00) SHOW MEMBERS IN FEBRUARY: SHEPHARD'S C~.R~d~ING AND LAUNDRY Millie Morrison MAXI;DE'S TAILORING A-1 RENTAL ;fEN'S 76 Maxine Kickhafer Steve Wagner Ken NeusSbaum PHOTOGRAPHIC CONSULTANTS Vern Lindemann ROBERT H. HARDING, C.P.A. Bob Harding SHORELINE EARLY INTERVENTION PROGRAM~ Soni Gravenstein ISLAND PARK SKELLY Craig Henderson D'VINCI'S DELI Bob Skinner Mr. B'S BAKERY John Blackowiak CHEVEAUX BOUTIQUE Terri Obermaier PHOTO FACTORY Dale Anderson WESTONKA ANIMAL HOSPITAL Dr. Joe Glenn PAUL VOLSTAD AND ASSOCIATES Harlan Satrom DOLDER PLUMBING Bill Dolder POST OFFICE BOX 426 · MOUND, MINNESOTA 55364 LAKE UPHOLSTERY Greg Warren B. AND C. HEATING C0. Bob Richie HAIRCUT CO. POOH'S PLACE Bill Herbert Be'trY s~augt~nessy..' _19_8_3_~CQMMU~_ T EVENT ......... CHAIPPERSON MARCH APRIL NAME THE PARADE CONTEST OPERATION CLEAN-SWEEP PETER JOPR~SON MAY ,!U.~£ - AUG. CHAMBER POTS .GIANT SALE. P~RADE .~.,~ · , /;5- MUSIC BY THE LAKE SERIES G0,LF EVENT- (ME~MBERSHIP) ..... LARRY.~CONNOLLY R0N NORSTREM SEPT. - OCT. PHOTO CONTEST VERN NOMINATIONS i984 OFFICERS NOV. ELECTIONS 1984 OFFICERS DEC. 1983/1984 OFFICER'S RETREAT HOLIDAY DECORATING CONTEST JiM ROBIN o * Currently certain ,-v~nts~ ._ sucy as _.~=_=___~._.Lo=~t~vo Forums and Small Business Programs are boinE explored as possibl~ Chamber activities for 1983. Please advise the office if you have any suggestions. We'still need Chairpeople for a few committees. Hope we get some voldnteerA from Navarre and Spring Park. A BIG THANK-YOU TO GEN OLSON ! She was a very enlightening speaker at our Feb. General Meeting."I have'already had reqUests for her return. OUR APRIL 20TH NOON MEETING WILL FEATURE M.A.C.I. PRESIDENT WIN BORDEN! LL: .' ,5mrq PL "FAID 5341 MAYWOOD RD MOUND MN 55364 · ~ ~z~ ~00 -- ,/ LAKE MINNETONKA AREA MAYORS December 16, 1982 Record of the proceedings of the meeting of the Lake Minnetonka Area Mayors held on Thursday, December 16, 1982 in the Minnetonka Beach City Hall. Mayors present were Ed Quest of Deephaven, Frank Brixius of Greenwood, Dan Lindsay of Minnetonka Beach, Gen Olson of Minnetrista, Rock Lindlan of Mound, Brad Van Nest of Orono, Robert Rascop of Shorewood, Jerry Rockvam of 'Spring Park, Glenn Froberg of Tonka Bay, and Bill Humphrey of Wayzata. Mayors elect present were Wally Clevenger of Minnetrista and Mary Butler of Orono. Also present by invitation were Bob Searles representing the Lake Minnetonka Task Force and Dick Hanson representing the Gray Fresh Water Biological Institute. Dan Lindsay from Minnetonk~ Beach chaired and recorded the meeting, calling it to order at approximately 7:10 p.m. The first item of business was a review of the minutes of the October 7, 1982 meeting. Dan Lindsay pointed out Minnetonka Beach had received HUD funds for diseased elm tree removal from public prouerty, but not for private property. There was no further comment on the minutes. The next item of business was a discussion of the county plans to widen and improve County Road 15 West of Wayzata. Dan Lindsay reported that the residents of Minnetonka Beach were very concerned that the c6unty had plans to widen County Road 15, and that every effort was being made by the Council and community to resist such action. To date, a commitment had been received from Bud Robb that no plans for such improvement were in the making. It was thereupon reported by Rock Lindlan of Mound and Jerry Rockvan of Spring Park that they very much supported improvement of COunty Road 15 between Mound and Navarre. Rock Lindlan stated that the improvement of Mound, such as buildings, shopping centers and other commercial activity, is being held up because of the extremely poor condition of the road, which now carries the highes~ traffic count of any county road in Hennepin County. He stated that most of the traffic between Mound and Navarre was local, with only 49% of it continuing beyond Navarre to Wayzata on County Road 15. He also stated that all efforts to improve the road had been and will be frustrated by efforts of Minnetonk~ Beach and Orono, which communities continue to oppose it. Mary Butler responded that the problem with widening the road between Mound and Navarre was that it would cause more traffic to gravitate to the road, all of which would put greater pressure on upgrading the road east of Navarre. Ed Quest then noted that if the two communities were really adamant about upgrading the road, they could always acquire it from the county, and then improve it as they saw fit. -It was finally concluded that if any community consensus was to be reached on the cDunty road issue, it would require some assu~-~nc¢? to thc? eastern Minnetonka communities that the upgrading was .not going to result in further pressure to expand the road that ran through their communities. This; probably could only be established by the simultaneous or prior upgrading of alternative routes for commuter traffic to get from western Minnet°nka to eastern Minnetonka without using the Navarre to Wayzata portion of County Road 15. The next item of discussion was that of the selection of a representative of the Minnehaha Creek Watershed District. Brad Van Nest reported that the only current member of the board of managers who was from the lake area, and presumably had more sympathetic understanding of its needs, was David Cochran. Several appointments were to be made in March, and considering the interest that the Lake Minnetonka communities had in the treatment of issues to come within the Watershed District's jurisdiction, it was felt that it was important that strong local imput be exercised in making these appointments. The search committee of Van Nest and Lindsay reported that they had contacted Ed Berg, the ex-mayor of Minnetonka Beach, about his willingness to serve on the district. He indicated that he would accept such service. Accordingly, his selection was being recommende~ to the area Mayors, and would be represented as having been sponsored by the group in ]ate January or early February if no other candidate or suggestion was received. To this end, any community wishing to familiarize it with Ed prior to this time, should contact him or Dan Lindsay to arrange for his appearance at a council meeting. The next item of business was a pre~;entation by Dick Hansen from the Fresh Water Biological Institute on the developing water quality of Lake Minnetonka. After a brief introduction discussing the biochemistry of the lake, Mr. Hansen presented material on studies performed by the Institute on the oxygen content from North Arm of Lake Minnetonka during the 1981 winter season. He also presented core samples of sil~ removed frcm the bottom of the main lake. The oxygen samples demonstrated that the oxygen in the water, .even though in winter, was high enough such that by the end of the winter only several feet of water at the top of the lake was sufficient to sustain fish life. If the process o£ increased b~cterial consumption of oxygen continued at the present rate, the bay would be completely anaerobic bw the end of the next decade. Also, the process of accelerated silting in o£ the bottom of the lake demonstrated that the lake was filling in at a rate that would enormously shorten its life, i.e., 50 centimeters of silt were deposited over a 500 year period whereas three times that amount have been deposited in the last 150 years. -2- These findings cal~ed t.o question the commonly held concept, and sometimes scientifically stated proposition, that the water .quality of the lake was improving. It also put at issue many of the methods that ha~l been employed to producer the concept that the water quality was 3mproving, particularly the practice of diverting sewage. He ~ointed out that $4 to $5 million has been proposed to be spent it, diverting sewage from the Maple Plain sewage .disposal plant. The e]'fect of removing its discharge might be the elimination of 4,000 tons of phosphorus a year from the lake, but the corresponding increase in the amount of runoff from the hard cover and intensified human Use of the land, which is permitted by the increased capacJ, ty of the sewage discharge system, might result inasmuch as 350,000 pounds of phosphorus eventually finding its way into the lake. (The Watershed for Minnetonka, which is only 14,000 acres in ii.self, is 150 square miles). Mr. Hansen's preference on how to u~e the money to be spent on the sewage treatment plant would ],e to educate the public on what activity causes the accelerated degeneration of the lake and to lobby for restrictive land use r(~gulation. A status report on the Lake Minnetonka Use Task Force was then presented by Bob Searl(,s. While the Task Force has many lake- related is%ues before Jr, such as the dedication of Big Island for pa~k use and bike'lrails around the lake, public access to the lake is by far its mosl~ important charge. Bob Searles felt that the Task Force, which Js made up of 19 people of varying influences, is heavily biased towa~'ds the off lake users interests, but probably will give a more balan(.ed recommendation on the resolution of the public access issue th~=n the DNR or Minnesota State Legislature. As it now stands, it h~.s been the general decision that at least 800 parking places for cars and trailers will have to be identified and isolated for parking purposes by off lake users. Parking places acceptable to the Task Force must meet certain stringent requirements, including one that it be available for use all seven days of the week and another that it be deemed "safe" or free from trz~ffic hazards. With this highly restrictive qualification, Brad Va~, Neat'pointed out that many parking places which are currently un,let regular use for car and trailer parking are not being counted. Mr. Van Nest said that Orono was undertaking a count of the number cf places in its jurisdiction which are being used, and writing to t~.e Task Force that these places are available for parking in connection with boat launching and that they are "safe". It was his recommendation, and the consensus of the group, that each Mayor from each community should write to the Task Force identifying these plac(.s so that the Task Force will be required to include them as existing parking spots. Nonetheless, when the Task Force recommendation is made it can be anticipated that the acquisition of additio~al off lake parking sites will be made; however, this will reqt,ire that funds be made available to acquire the sites. In view of the State of Minnesota's current financial situation, the funds m~.y not be easy to obtain. FTo ' ~ext item of business was a discussion of the proposed LMCD ordinance for decreasing the 'size of the unregulated private dock from four stalls to two. Frank Brixius reported that the proposed change, which was still in the consideration stage, resulted from the LMCD general attitude that it should not be in the business of regulating whether private docks were being rented for non-owner use. Accordingll~, the new ordinance dropped the old LMCD regulation that the docks not be rented, leaving this determination to the local communities' desires and enforcement. The new regulation simply required licensing of such a dock so that enforcement could be more readily rested in local hands. Then Lindsay stated that he was opposed to the proposed regulation because of the potential infringement of the Beach's system of making dock space available for its non-lake residents. Brad Van Nest felt that the ordinance should not remove the LMCD position on whether dock space should be rented, even though he approved of the change from four to two spaces. No consensus was reaches on how the group felt on the proposed LMCD ordinance. Jerry Rockvam then stated that he was concerned with the potential liability his community faced in case an arrest involving an extended jail sentence should result from the new, more stringent liquor laws. All the Mayors agreed that our small communities did not ha~e sufficient resources to pay for such an event. It was suggested that some type of tax may be put on the sale of liquor which would go to pay for such an expense. The group determined that this would be a good issue for the Leagueof Minnesota Cities. Finally, a taxi cab driver named Chuck Hollom p~Aevailed upon the Mayors to support an effort that he sponsored for the licensing of all taxi cab drivers in the metro area. After a statement of the problems he had with the present system, it was suggested to him that he present his grievance to the Metropolitan Transit Commission under the jurisdiction of the Metro Council, where action such as he was seeking could be taken. .There being no further business to come before the meeting, it was adjourned at 11:00 p.m. -4- EXPRESS NOTES HENNEPIN COUN1Y TRANSPORTATION MARCH 1983 PROGRAM NEWS 3614 BB, ant Ay. S. Minneapolis, MN 55409 827-1721. During October, November and December 1982~ 6~095 rides were provided by four of the Hennepin County Transportation Coordination Program's six purchase of service subcontractors. This is a very impressive figure for the first three months of the new or expanded programs' operations (Westonka Co~unity Services, Community Emergency Assis- tance Program, Minneapolis~American Indian Center, Senior Ride Pro- gram/North Memorial Medical Center). Congratulations to them all! Program staff have initiated two coordination/research projects to identify transportation needs and resources and to develop coordina- tion strategies. The Northwest SuDurbah Transportation Coordination Project will focus on the cities of Golden Valley, New Hope, Crystal, Robbinsdale and Brooklyn Center. The South Suburban Transportation Needs Assessment will focus on the cities of Richfield, Bloomington, Edina and Eden Prairie. Program staff welcomes any questions or comments on these projects. "Identification Cards" are now available for use in volunteer or other special transportation vehicles. Though not a parking permit, the "ID" cards identify the vehicle and therefore enable parking personnel to recognize vehicles as part of a program to transport senior citizens. If interested in obtaining these "Identification Cards" for your trans- portation program, contact the Program office. Please note the following changes in the listing "Transportation Ser- vices for Senior Citizens in Hennepin County": p. 7, North Suburban Emergency Assistance Response - change phone to 533-2836 p. 10, Volunteers Enlisted to Assist People - change phone to 861-7478 p. 13, Elderfriends - change contact person to Rene Van Wagner, Director The Minneapolis Foundation is currently accepting applications for funds thrOugh the McKnight - Neighborhood Self-Help Initiatives Program (MNSHIP). The program was established through a grant from The McKnight Foundation to provide support for the initiatives of neighborhoods in the pursuit of neighborhood improvement, effective service delivery, social and economic opportunity, improved quality of life and the need for self-determination and institutional change. For information on eligibility requirements and application guidelines, contact The Minneapolis Foundation at 339-7343. Sponsored by Senior Citizen Centers of Greater Minneapolis. Inc. TRANSPORTATION SPOTLIGHT - PEOPLE REACHING OUT TO OTHER PEOPLE (PROP) People Reaching Out t0 Other People (PROP) was organized in 1972 to provide needed services to residents of Eden Prairie and Chanhassen. PROP, which has no paid staff, is operated by volunteers and a board of directors representing area churches, civic groups, and the com- munity at large. One of the seven services provided by PROP is transportation. Volunteer drivers using %heir own cars will transport, at no charge, Eden Prairie and Chanhassen residents who have a demonstrated need. Rides will be provided at any time and to anywhere within reason, depending upon the availability and willingness of volunteer drivers. Given transportation requests at least two days in advance, PROP will make every effort to. provide a needed ride. For more information on PROP, qont~ct Geraldine Beckmann, 6935 Mariann Drive, Eden Prairie, 55344, 937-9120. The Hennpin County Transportation Coordination Program is made possible in part under the FEDERAL OLDER AMERICANS ACT through a grant from the METROPOLITAN COUNCIL under an area plan approved by the MINNESOTA BOARD ON AGING. Hennepin County Transportation Coordination Program Senior Citizen Centers of Greater Minneapolis 3614 Bryant Avenue South Minneapolis, MN 55409 Rock Lind/an, Mayor Jonathon R. Elam, Manager City of Mound 5354 Mayw~od Road Mound, MN 55364 Dear Friends: ~. I will be holding individual office hours in the District on March I I, 12, and 14th. These will allow you the opportunity to visit with me privately about issues that concern you. The individual office hour schedule is aa 'follows: FRIDAY, MARCH 11, 1:45-3:15 p.m. 4:30-6:00 p.m. · SATURDAY, MARCH 12, 9:30-11:00 a.m. 4:00.5:30 p.m. MONDAY, MARCH 14, 8:45-10:15 a.m. 11:00-12:30 p.m. 1:45-3:15 p.m.- Oakdale City Hall, 1584 Hadley Forest Lake City Hall, 220 N. Lake Street Anoka County Court House Admir~istrative Conference Room, 2nd Floor Columbia Heights City Hall 590 40th Ave~ N.E. Orono Council Chambers, 1275 Brown Rd. S. Crystal Bay Waverly City Offices, 5th and Atlantic Becket City Hall (New), 215 Sherborne Ave. Appointments for the individual meetings are to be made through my District office in Blaine, (612) 780-5801. I urge you to call aa soon aa possible in order to assure an appointment. Hubert B. Ruaphrey Institute of ~ublic AffairS ~0~ $ociel ~ciencel 267 lgth ·venue South Lloneapelio, Rinneaota ~55 J~ARCB EVEHTS Jayne ~arecek SJ~cial ProgrMm Adninictreter (612) Larch 6 12;00 ·os· ~mrch 7 u'rah 8 Hatch 10 #arch · arch 16 hr~h 18 Retch 19 J~arch 20 Xarch 27 ~arch 29 Batch ~ 4,00 F.m. ll:~Oa.m.- 1;30 9:COp.n, 4:OOp.n. 71~O p.m. 12~(X~ noon 12:~O p.m. ll:CO a.m. 1i;~o a.n.Z 1:~0 p.m. 12:00 noon ~;00-5:00 8:~0 -10:~0 a.m. ~; ~O-'j:O0 p.m. 9:00 9:(30 7:~SO p.a. 9:00 e.m.-- ~;O0 p.u. 12:00 nos· 12:~0 p.a. 11:00 a.m. 8:~0 8.·.- 4:00 p.m. ?;~O 12:00 nos· 15:00 e.m. 12:0~ nos· Rizmeeote leauee. Root: Arthur hr;alia. MTCA TV. 'The View fr~· the United Rations." Guests: eanJ~-"Xlrk~atrick, United Statue A~baooador to the United la;icao a~ Barla~ Cleveland, ~iroctor, Lubert R. Buaphrey Institute of Public Affaire Lud ferret United Steele l-baaeador to lATe. Vuekond. Repeat. KTCA TV. J~nne.ota les,ea. Repeat. (also XUOH AJ(-1;O0 p.s.) Xe~_~Addreeo at a conference on Reeoorch and Development in Education: The Future is How: Imuovations that Work· 'Let'e Tackle the Real Basics.' Speaker: Pro.~.-Arthur ~aftalin. Gonferanoe r~o--hreh ? and 8. and is ,pensorod by~lnneeota Council on Quiltt~ Education. and the ~tonooota ~tate Board of Education. Sheraton Llgwa2, St. Peul, Contacts Sue Sa;tel., conference eoordinator. 296-5072. · seaL. tan;inn 8eaRner. 'Trt~le CollAeinn in auxins.' Ouue~; Jurae V&rpo. Cue~ue Club, Dele Shepard Rmm.-----~ontact; lobe Car~uth. Conau~t~~Workaho~. 'loLl btata and binoue Investment,' Thir~ in the Series 1.6 bF Calvin Bradford ond Llkn Tonali, Conferanue moa, 26~0 UnAvereityAve** Paul. Contact: Harieno Gar;ken. ~75-9798. ¥onon'o. ~cononie. b~elopuentPro~ec~Seninsr. 26~0 Livin~ ho Contacts Ar.nee Praser, ~76-980~ Ednn!eot~hvelnpuent PuliczWorksh''op. ~ ¢laanroon Office B~Aldtng. St. hal Open, no coet. Co·tact; hrgi bret. Yeekend. ~dXtor; Tsd Kolderie. B~CA TV. Rlnneeota I~lueL Lost; Arthu~ laftalin. ETCA TV. 'That Delicate hlance; · ~' ~ueete; Fred W. Friendly, Edward L Rurrov Prefeeoor gnarl;sa of Broadcast Journalie· at Columbia University, Author of LinneeotaRaj. Weekend. Repeat. XTCA TV Hinoce0ta Xnoueo. Repeat. (ales L"JO~ JX-l~00 Roderninstion Sesinar. 'Triple Collieion in Cole·haLe Guoot~ Luolano VeleL Club, hie Sheperd Room. Con;anti Babe Carvuth, ~XISfESOTA ~F~TIR~ 'The Budget Dilenaa8 The Challenge to the Coagreue.' Alice Rivlin, Director, o~L~-~elonal ~udget Office~ ~ontact: ~ayne Laracak, ~769781. Facult~ Reetin~. Conference Roo~, 909 ~oolal Scie~ue..' .Reflective~Progran ~onsultstion Seriee. Afro;me Fraser will l~ad · dieoueeion on preperatioue for the 1985 World Conference on Women, and report os the Comninnion°o recent ·ceting in Vinana on the Statue of Woaen. Advance Reservations Required. Cost in $5, an~ includes braakfoe~ Contacts Sharon Anderson, ~76-985~ Hinnesot~ Development Polic~ Wo~ahop. ~ Classroom Office ~lldiaS, St. Puul Camlm~ ~, no ooo~ Contacts Aarfi Dewar, Linnenota chapter of the American 8ocint~ for Public Aduinietratinaf Larch ·~ettn(.' '~ont ~nt i~ ~he'-~ub--~n'-~. Topioo'~e'~ ~'ill includes product'~~venont, vLlue e~nuerinf, york simplification, qualit7 circlee on~ ouf~eetinu system& Healers;or; ~l· Lain, ComaS,eisner of Yetertu'e Affnire, State of Rioneeota. 'Retropelitaa Council Chamhara, 300 Se;rs Square Building, 7th and Robert Streets, St. Paul. Yr~e sad open to the Publi~ Optional dinner aftervard~ Contacts Paul Seeacheck, Connonit~ ~ Vorkoho~ 'Action 0rftniein~l~velopinf Grass ~Ronto Leadera.' Luet in the eeriec led by Calvin Rradford and Hike TeBali. 2610 Conference Ronn. ContaotL Hatless Gar;ken. Weekend. Editors Tod [olderia. LTCA Comsunit~ ~ Workehop. Continue;is· of Harsh 19 worbhop, eee shave. Lionesses IueueL Hoots Arthur Rag;alia. ~cA TY. 'Purchaee in Kind: Roy Well Will Xt ~ B.~. and the World?' ~ueets; Sudy Boechvitz, U.~ Seuetor~ Willis Ekes. HaJority l~ader, State Rouee of Bapreee·tativon; and Burton H. Joeeph, Chair, on of the Board, X.~. Joseph Company. Weekend. Repeat. XTCA TV. Rimaeeota Issues. lepeat. (also XUO~ A~-i;00 Linneeota Pure· on U~.-Japoneoe Sale;ReaL Pranontera vii1 include Orville I. Preenon, hair~B~o~--~rd of Goveraore, ~Aj Thonns Shnsenith, Bolm~YAnst. ~eb for Bast halsa and Benifie Affairs, Duper;non; of State, Richard L. Sneider, lerner A·haouedor to [oran and Professor, School of lc;emotional and Public Affairs at Cue,,bin ULlveraity, Roger Benjamin, C.I~l- ~ea~ and Political Science Profeaeor, U-rlan Cleveland, and · repreeontative fro· Jap*n*o goreraneat. Advance Reeervatinns Reqnirad. Coots includes lunch and onffee breaks. Town Square Bellreon, Badiueon Plaon Hotel, 411 Lioneeota Street, St. Paul. Contacts ~a~ns Larecek, ~76-9~81. Weekend.. Editors Ted Kolderie. XTCA TV. Rinneeota Xes,ea. Roet~ Arthur lag;alia. KTCA TV. 'Lianeapolie I~ok~ A~ead.~ Gueet; ~--~-J~o--~, Ra~or of Lianeapolle. Weekend. Repeat. Ll~eeota Icemen. Repeat. (Also ~OB AA-l;00 p.a.) HI~E$OTA MEETXBC. Senator Gary Rar~ of Colorado. Contact: Jeyne Barecek, ~ionnso~a Develop,eot Polic~ ¥orkoho~ 'Piecal Cons;mints on Rinnesota--lnpacte and Policies: Economic Conditions ia Chan~in~ Govermuent Policies.' Cues;e: Doug ¥ileon and Ton Po~k, Center for ~rbln and Regional Affairs. Open to the Public. Ho coat. Contact: Rargi Dewar, Sh Increase Asked in Revenue ar By Howard Kurtz WaMllllgtO~l Post Slafl' Wrtter 'Urban leaders and key members of Congress yesterday join'ed in an effort to win increased funding for general revenue sharing, a popular aid program that has been frozen at .$4.5 billion for the last seven years. .There is growing, sentiment on Capitol Hill for expanding revenue sharing as a quick and efficient way to stimulate economic r~covery. The · program expires Sept. 30, .but a half dozen bills already have been intro- duced to extend it. President Reagan has proposed a simple &tension at current funding levels, and a bill along such lines introduced by. Sen. David F. Durenberger.(R-Minn.) has.. attracted 70 Senate co-sponsors. - Durenbergq; yesterday unveiled a more anibitiohs bill that would in- crease Ii)cai reventle sharing to $5.9. ' billion'and ~.:estore 'the same level of funding for the states, whose reve-.. rote sharing payments were elimina- ted by Congress in 1980.: The bill also would make the pro- gram permanent and make ftitu~e increases automatic in proportion to. the growth in federal income tax rev- enues; as it is, revenue sharing bbs., lost ground to inflation every .year" since 1977. tO limit defense spending ~nc~ to 7 percent a year in real ~6i~/tli, whfch is less than the White wants' but sligh~tly more tlialt 'limits urged b9 the Nation~f*~'; ernors Association last Leaders of the National League of Cities also called yesterday for ex- pansion of the program. To cut the prospective federal deficit they called for a moderation of Reagan's p~oposed defense buildup, cuts in major federal benefit or entitlement programs and cancellation of the 10 percent income tax cut due in July. -. But they made a conspicuous ex- ception in their budget-cutting for revenue sharing, which is given to 39,000 cities and counties with few restrictions on how it is spent. At the League of Cities meeting here yesterday, Sen. John Heinz (R- Pa.), chairman'of a revenue sharing .subcommittee, said he supports an, other bill that would speed up each quarterly revenue sharing .payment by three months, which would give posal to limit the Pentagon to 5-~- cent increases was rejected. :';.'<"" The league called for a sa-month delay in cost-of-living 'increases .fo? the biggest entitlement :program~-. such as Social .Security and-Me~:-. care, and said programs, aimed2a, l;-. helping the poor should grow at~ q.nly three-quarters of the inflatioli' The group also called' for dr6piSin~ plans to index taxes for inflation. .. · Mayor George Latimer. o,f Paul, a Democrat, 'said fede?~ d.i~:. icits are the nation's biggest eC0hom-.' ic problem, but that cities am jus- cities a'one-time "double pagment" tiffed in seeking more revenue shar- on April 1] '. .... lng. aid because they also are absorb- Rep. Frank HortOn {R-N.Y.)'; lng the brunt of Other d0mes?.c however, warned that the growing number of proposals could endanger the program's passage. · "Don't take it for grantedf, he said. "It's not locked'up. There are:" still 'a number· of influential people who fundamentally oppose the pro- gramS' , : In a polic~ statement, the league's board of directors called on Congress ,spending cutbacks, i. In a related' development, .~aillm~: yesterday sent Congress a i-~viselt" version of his plan to create"-75-' urban enterprise zones over th~/next" three years. The league supp6rts4he'' plan, which relies on tax inceriti~e~' ,to .attract business to deClini..nk' neighborhoods, but CongreSS 'failM- to approve it last year· , '" ":-': LAK_ E ?J -/? / ~ee County Surveyor file for J.M. survey deteil, Lot [ . up. sus'~). No.t, 8 MOUND--85 ,OVER RD RD / ~0 RD ~ 14 PLAT MAP FOR LANGDON'S LANDING SUBDIVISION (,1 I I Q. r: 54 8 16 , 75 RD 3-14-83 2 232 2370 81 238 4854 61 22 238 4856 11 22 238 4860 31 22 238 4878 51 22 238 4898 31 22 238 4957 71 22 238 5020 31 22 238 5855 91 22 244 5011 O1 22 233 5019 31 22 259 4823 71 22 259 5237 91 22 259 5463 11 22 259 5872 32 22 262 2997 51 22 268 5909 41 271 2919 O1 274 2901 21 22 280 5910 71 22 280 5921 41 22 280 5955 21 22 286 5915 31 22 286 6056 51 22 310 2600 21 22 310 2675 41 22 310 2695 21 22 310 2710 91 22 31o 2895 81 22 ~)~3 6216 71 22 315 6390 51 22 316 2882 31 22 332 2611 31 22 337 5932 91 373 5031 51 Delinquent water and sewer $145.oo 229.09 117.28 90.16 66.00 68.26 107.70 63.94 151.24 131.27 95.20 88.90 61.78 116.66 79.18 86.40 69.98 124.97 83.94 70.98 140.96 88.58 70.09 75.96 155.04 110.71 113.79 134.14 134.06 22 373 5063 81 385 5070 71 22 388 5061 O1 42 259 4801 91 $146.86 80.50 290.76 270.00 Renewal $15.00 Single Permit CITY OF MOUND Mound, Minnesota APPLICATION FOR GAMBLING PERMIT Name of organization for a annual/single occasion Date to be used ~ ~ Phone Number of Organization. Date Organization was organized Purpose of Organization , a kyr:~-'r-e~-~.~.~( organization, gambling permit. hereby applies Type of Gambling to take place: Paddlewheel Yes No Tipboard Yes ~ No Raffle Yes No Location of Gambl lng: Address: ~ ~- .¢ ~.' ~'- 0 ~r~ Y,r~ ~- ~c ~- Name of Building OwnerCk,~.~,-rir~,._C--ef~/~. ~/ ~ [,~ ~W~//~ Is the building owned or leased by the organization Date ownership was acquired ~ 7/ If leased, expiration date of lease (Copy of lease must accompany application) Gamb!ing Manager: Name of Gambl lng Manager 0 '~ru ~ I('~_- {Y ~,.¢...- / Is Gambling Manager an active member of organization Date membership acquired ~ ~ ~/ Home Phone, ? 7;2 -- y ~o ~, ,(Requi red) Is Gambling Manager paid by the organization for handling the gambling A//~) (The answer to this question must be no - Sec. 43.40) Amount of bond furnished by Gambling Manager ~.~¢.. ¢-m--¢, (At least $10,000.) Name of Company furnishing Bond L//~,~-~¢~T.. ~ /~[~e~-~%_and we agree to file a copy of the bond with the City Clerk. Name of Bank where gambling funds will be kept ///~,~-~ ~ S'T~'~-~ j~ ~ (2) Bank Account Number for gambling funds ~ --- O ~ Are funds in the above account mixed with other funds (Answer must be "No") AGREEMENT The d-~-, Pa. £-T- ~-i/9 hereby agrees that if the license herein Name of Applicant is granted that the C-[~.~-, ~:).~5-~ .~'-//3 will save the City, its officers Name of Applicant and agents harmless against any claims or actions and the cost of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any oF tMe activities authorized by the license. It is further agreed that monthly reports shall be furnished the City by the Gambling Manager as directed in the ordinance and the.~-~C~. b/F ~) ~aa~s~J- ~Z~-//'~ Name of Applicant hereby authorizes the Bank named above as the keeper of gambling funds to allow the City access to the figures and activity of account number (?-O~31~qisted above. Signed by authorized Officer of Organization The above application is made on behalf of the ,C-~t_~. k~-r uF-u and all information given herein is true and correct to the best of my knowledge and belief. Date Signature t Title Annual Licenses: Expire on January 31 of each year. licenses purchased after February 1. Fees are not prorated for CITY OF MOUND APPLICATION FOR BINGO PER~4IT Date ~/~ /~ /¢~ 1. Name of Applicant ,~W~~--~ ~' (If an organization, give organization name) 2. Address o-~ o ~ ~~. ,~_~ Phone No. /&~ ~ 3. Bingo Manager (Name)~~ ~~~~ 4. Address of where Bingo will be played ~~,~~ ~ 5 Dates and Hours Bingo will be played ~ ~% ~- f o (Attach separate sheet if more room necessary) Is Licen'se Fee attached~ Fidelity Bond: (a) Amount (b) Name of Bonding Company (c) Expiration Date of Bond Yes N6 V/ Amount * (Minimum $10,000.) *Note: Fraternal-, religious, veteran and other non-profit organizations may request th'e Bond t~ be waive'd. Please· indicate below if you are making such a request. Signat~e icati~ TECHNICAL FACTORS INC. 3222 SNELLING AVENUE, MINNEAPOLIS, MN * 55406 HANSON PUMP SERVICE CC), March 7, 1983 . 612 * 721-1625 City of Mound C/O Public Works Dept. City Hall 5341Maywood Road Mouhd, MN 55364 . ATIN: Greg Skinner QUOTATION #83-89 Dear Greg: ' We would be pleased to offer a quote to the City of Mound for the upgrading of your present #A3 lift station as follows: QTY 2) ABSModel AFP 003, 230 v, 3 phase, capable of pumping 100 GPM at 33' T~I QTY 2) slide bars and base elbows QTY 4) #328881 floats QTY 1) cable rack QTY 2) 2" galvanized guide bars QTY 2) Flomatic 4" ball check valves QTY 1) 3 HP, 230 v, 3 phase Duplex control panel as manufactured by Powertronics to be a duplicate to your #E4 lift station panel. ITM~I: Labor of installation to mount equipment using the cities ¼ turn gate valves and some existing piping. ITEM: Labor and materials to sandblast and paint interior of station with coal/tar epoxy paint, i-i~,i'i-';. ITE~: Installation of electrical control panel ITEM: One year warranty on panel and 5 year warranty on pumping equipment. I~: Start-up Page 2 Quotation #83-89 city of Mound NOTE: City has all responsibility for the by-pass p~nping of the station during the construction period. NOTE: ~e existing equipment will be returned to the City. TOTAL DELIVERED PRICE OF EQUIPMENT INSTALLED ....... z__$ 8,036.00 F.O.B. factory with full freight allowed. Terms are net 30 days and price is firm for 30 days. Delivery is 4 to 6 weeks after receipt of order. No taxes are included. ~Fhis quotation is made under the standard terms and conditions of "ABS Pumps,Inc.", a copy ofwhich is attached. Thank you for the opportunity of quoting.. We hope we may be of further service. Yours very truly, Robert Wright IB~/gc attachment q'J,[~ ao^e~ u! ~ /AtsnouJ!ueun se~, :a~.o^ rte3 tto~! / ;q.t. uo[~o-, e papuo:~as 4:t[~ do^e.,j, u! ~ /,~lSnOtu!ueUn s'e~ ~-loA tteo tto~ / ~qJ-' uo[3ou~ e papuo~as q3!~ -o^e{ u! ~/Atsno,,,,ueun se'~ au.o^ tteu tto~l / aqj. /AI. Snotu!ueun se,~ a~.o,~ tie:) tto~ / uo!lo~u e papuooas OA q~,!~ do^es u! ~ /A. tsnom[ueun se~ =a:to~ tte:~ [t°U / aN.L' March 18, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE: CITY COUNCIL CABLE T.V. COMMITTEE CITY MANAGER CABLE T.V. PUBLIC HEARING - MARCH 21, 1983, 7:30 P.M. Enclosed is Dowdefi Communi'cati~ns, Inc. response to questions on the City of Mound Proposal. Please bring these with you on Monday evening. JE:fc enc. DOWDEN COMMUNICATIONS, INC. RESPONSE TO QUESTIONS ON THE CITX OF MOUND PROPOSAL Your channel allocations channels 31 through 34 are for pay channels. Can the four pay channels be purchased by individuals takSng the Basic I - twenty-one channel service? Yes. In your discu%sion of the Germantown, Tennessee system in Form D page 1 of 2 you state the franchise was awarded July, 1982, and construction is projected to be completed in November, 1982, yet the first subscribers were served prior to both of these dates in June, 1982. Could you explain this discrepancy in dates? Similarly in the same form for the Strawberry Point system the franchise was awarded in December, 1982, and the first subscribers are served October, 1982. Please explain? The correct date of franchise award in Germantown should have been July, 1981, instead of 1982. The correct date for the Strawberry Point franchise award was also December, 1981, instead of 1982. This was a typographical error. Is your form correct that Brooklyn, Iowa, was awarded August, 1982, with the construction to be completed in spring of 19827 Brooklyn will be completed in spring, 1983, instead of 1982. This was also a typographical error. A number of your systems are projected for construction in the spring of 1983. Will this effect or delay construction of the Mound system? No. Sufficient crews have already been assigned to these on-going construction commitments. Mound's construction company has visited the community and done preliminary mapping, to expedite the system being completed and operating by fall, 1982. Why did a number of your one mile systems take over one year to construct from the award of the franchise? Because of the necessary Dowdencorporate re- organization in 1982, the construction timetable in some Illinois communities was delayed up to four months. Each community was kept informed~uring this temporary slow-down. ,.~, / In all these communities, DCI is back on schedule and will complete construction well before ordinance requirements in every market. The one-or-two mile systems you referred to -= in Tovey, Jeisyville, and Bulpitt, Illinois -- were launched last week, from one headend, serving the larger nearby communities of Edinburg and Kincaid as well. Form F, page ~ of 7, would Dowden Communications furnish some confirmation of the $7,000,000.00 line of credit from Fleet National Bank of Rhode Island? A letter of confirmation is being forwarded from Mr. John A. Barber, Vice-President, Fleet National Bank, Providence. What service do you anticipate substituting for The Entertainment Channel? 'The Movie Channel" will be substituted for "The Entertainment Channel". This service offers all-movies only, 24-hours-a-day. While there appears to be some duplication of 'blockbuster' movies among all the pay services each month, we believe "TMC" presents a broader selection of feature films at more convenient times than "Cinemax", another 24-hour'movies-only service. In form G, page 8 of 14, the $27.50 labor for underground installation and the resulting $44.50 per drop for underground appears to be a bit low for estimates in other cable systems. Please explain the basis for these figures. Dow-Sat of Iowa, Inc. and Dowden Communications of Illinois, Inc., both wholly owned subsidiaries of Dowden Communications, Inc., are contracting for underground drops at a labor cost of $21.00 per drop. We have increased our estimate of labor costs in Mound due to the fact that Mound is basically an u~ban market, but feel the resulting $44.50 per drop is still a'realistic estimate of - what our actual drop cost will be in Mound. Page 2 '9. 10. 12. Form G, page 11 of 14, please explain the staff which is represented by the salaries listed for origination expenses. The salaries, noted include a part-time production consultant, Richard Reardon, from the University of Minnesota, at $5,000, plus $],000 for a student intern to assist in years one and two. A second intern position will be assigned at $],000 in year 3. Form H, page 1 of 5, the entire City is the initial service area. Is it the intent of your proposal to service all dwelling units within the corporate boundaries of the City of Mound? Yes o (Form H, page 1 of 5) Since new housing developments within the corporate boundaries of Mound would be within the initial service area, service would have to be provided to those homes. Therefore, please explain the following sentence from Form H, page 2 of 5: "Service to new housing developments without regard to density would be the most economical means of providing service or when density reaches 30 homes per mile, or as other utilities go underground to the new area, whichever is earlier". What does this sentence mean? Dowden understands that it will serve all units within the initial service area without regard to density. Our response, noted here, refers to areas outside the initial service area. Dowden will extend service to those new areas when the density reaches 30 homes per mile. It may be possible and more economical, however, to join another utility whenever that utility brings service -- usually underground -- to those areas, or in a 'pre-wiring' situation, before a 30- home density is reached. We will strive to do that, whenever feasible. Form H, page I of 5, question 2 the last sentence states "special requests, however, will be charged at company cost". Please give an example or define a "special request". 'Special Request' and difficult connections, can often seem to be one and the same, operationally, Occasionally, a customer will request more than two outlets be installed in the home on different levels or in different rooms, to permit one televison set to be moved around. Page 3 13. 14. 'We would charge extra for this additional installation, depending on the reasonableness of the request. Dowden usually provides 7-8' of extended drop cable to each set without additional cost. Another 'special request' may be to deliver cable service underground to a home, where the cable line could more conveniently be delivered aerially, from the poles. We will charge the customer our cost -- normally, an average of $25.00 -- to bury the cable. Form I, page 12 of 18, you state that "if subscriber interest exists upstream capability will be activated". What standards will be utilized to determine if subscriber interest exists and whose will be the final decision? Various approaches will be used to determine subscriber interest in fully activating two-way capability. At lease twice a year, Dowden will ask the Mound subscribers, in a brief written questionnaire, for their reactions to the channel lineup services offered, and any suggested new services. Regular feedback, through the use of the local studio and production facilities will give us another yardstick to use. The subscriber's opportunity to petition to the Commission or to the Council for changes is also spelled out in your ordinance. By our third year of Mound operation, several areas of interactive potential in the cable industry should be more stable and field tested. We will stay up-to-date in these new developments and explore their implementation with the Council and the Commission. Final decisions will always be made after discussions with both groups and other interested citizens. Form K, page 1 of 3, you state that Dowden "expects" to produce certain kinds of programming. Will you guarantee that either such programming or its equivalent will be in fact produced? Xes. During ascertainment, our staff contacted local school administrators and several civic leaders to determine interest and support in producing these programs and found there was strong interest. While we do not expect to fill each local channel with these programs, our production staff will work with the community closely to develop a worthwhile group of Mound programs, combined with selected University of Minnesota programs. Can portions of the local origination equipment be moved to the Westonka Community Services Buildings for community use if the City so requests? Yes° Page 4 16. 17. 18. 19. In Form K, page 2 of 3, under government access you state that if a headend site close to City Hall is cho0sen all sessions will be shown live. If such a headend site is not choosen what are your plans for covering sessions of the City Council. The council may wish to discuss the question of 'live' versus taped or edited coverage. We will discuss the matter with them and arrange to cover their meetings in the most appropriate way, regardless of the headend site. In Form K, page 3 of 3, section 5 where will the character generator be located? Is it portable? Dowden will locate the main memory unit and keyboard at our headend, since it drives the Dow Jones and wire service alphanumeric channels. A second keyboard will be assigned to the most logical spot, probably at the Community Center or another reco__~mmended location. All keyboards are portable. Will the access facilities be available without charge to non-commercial access users? If so, what are the standards and maximum usage without charge for such individuals? There will be no charge for the access facilities' use by non-commercial users. As we noted in the proposal, we provide' guidelines for all access users and comprehensive workshops to help Mound citizens use the studios efficiently. If a user abuses the '4-hour block' reservation standard -- or the two-consecutive-day check- out limit on portable equiPment, we may be forced to charge regular commercial user rates. The ordinance permits us to request a low-cost rate in such cases; we do not anticipate the need for that very often, however. In Form L, page 2 of 2 item 2B, when will the parental lockout device be choosen and will the City have an opportunity to approve whatever device is choosen? Dowden is currently considering several parental control devices. We are using the "Keystone" control device, distributed by Anixter Communications, in our Germantown, Tennessee 54-channel system and it seems to be working fine. It requires a $25.00 one-time deposit. We will discuss with, the Council later the device that we reCOmmend for the Mound subscribers. Page 5 '20. 21. 'In Form N, page 1 of 1, paragraph 5, please elaborate and be more specific on this statement "this upgrade will be at a higher cost for the higher tier of services, with a one time security deposit of $25.00 to $30.00 likely for those subscribers, plus the cost of the interactive service itself." After your elaboration and explanation of the specifics, please explain what control the City will have over this upgrade and the possible higher costs of such service. The industry appears to be adopting a 'watchful waiting' attitude about the introduction of two-way interactive options in smaller markets. If these options become feasible and marketable for the Mound subscribers -- and after discussion with the City officials about their viability - Dowden will consider introducing them to those subscribers who will wish to pay additional charges for these services. These charges would include the cost of the service; i.e., "Play Cable", home security systems, home banking - ranging from $]0.95 monthly to $20.95 monthly, plus the monitoring or sensor devices at home; a deposit for the up-graded Hamlin converter (or equivalent). (Hamlin now predicts a late ]984 introduction of this module, after testing); and an additional installation charge in the $20-25 range. These are not unusual extra charges for the interactive options; they also require substantial capital items at the headend for the cable operator whose cost may have to be passed along to all subscribers, if sufficient interactive penetratiOn is not achieved. Dowden will follow the progress of addressability, teletext options soon to be provided by the major networks, and other interactive services and implement them whenever they are reasonable for Mound subscribers. Meanwhile, we will be trying some one-way 'addressability' in the pay-per-view area, discussed in a later question. In Form N, page 1 of I item 6A, you state that "the requirement of a pay option on the first tier is not specifically provided under the Dowden proposal, but the costs or charges to the subscriber are'not affected." Does this mean that Basic Tier I subscribers will not be able to subscribe to the four pay options? What does this sentence mean? Our original sentence is confusing; perhaps this will clear it up. The RFP required that a basic subscriber be able to take a pay option on the first tier of services. In our "scrambled" design for the pay channels, each subscriber will have a 42-channel converter for all services. A basic I, 2J-channel subscriber, therefore, will be able to subscribe to one, two, three, or four pay options, even though pay channels are assigned to a higher tier. Page 6 GENERAL QUESTIONS FROM COMMISSION 1. Are you planning any pay-per-view offerings? How will they be implemented? Yes. Dowden and the industry, however, have been disappointed in the generally poor acceptance of pay-per-view events so far.~ The only truly successful ventures have been championship prize fights; therefore, we will be offered a plethora of fights from an ABC/Getty/ ESPN/Don King venture over the next several months, for pay-per-view customers. Dowden will experiment with pay-per-view in Mound using a descrambler/trap technique, with a disposable battery now available. Cox Cable is using this method in two of its smaller systems that a~e non-addressable, and results have been satisfactory. The subscriber calls or writes for the particular service, and the technician installs this trap on the pole. The battery runs down in about 30 hours. We hope that the quality and variety of pay-per-view offerings will improve substantially by the time Mound subscribers are COnnected, so that we can offer these services. Is the addressability adapter of the'Dowden converters currently available? If not, please explain the planned availability of said adaptation. What standards will Dowden use to determine the feasibility-of adding this addressability feature? No. Hamlin, the manufacturer, told us this week they wil~ not provide an upgrade option until at least third quarter, 1984, when the entire area of addressability should be better understood. Other manufacturers are developing addressable upgrades, however, and we will follow their progress. With reference to the standards used to determine the feasibility of adding addressability, the realibility question, COst of maintenance/repair of these COnverters, and subscriber acceptance of the services offered are the three constant items that we must consider. Recently we have introduced the Scientific-Atlanta Series 8500 converter, programmable for descrambling and addressability, into our Germantown, Tennessee 54-channel System. We believe its reliability and ease of operation will surpass other converter's, but its cost is still too high for the Mound system, initially. If the cost comes down and the converter stays reliable, we will consider it for future Mound upgrades, along with the Hamlin item. Where do you view the biggest risks in your system for the invasion of subscriber privacy? How will you deal with these problems? The Mound ordinance, in Seetlon 9, Rights of Individuals, Page 10 and 11, offers the company an t e su scrl er reasonable procedures for respecting the subscriber's privacy. If the community desires, Dowden.will offer the following specific safeguards as options to deal with these problems: Written consent form - includes brief information sheet describing the collections and storage procedures Dowden normally uses for billing, marketing, and technical monitoring, and generally how the records (security) are maintained. It also describes two-way uses, (when introduced) and possible uses of subscriber names in mailing list, etc. The form would give the company consent to: 1) Install converter, modulator or later interactive devices; Collect and receive communications from that source of authorized, identified uses, under- stood by all parties, and; 3) Requires company to notify the subscribers if unauthorized or accidental disclosure takes place, and the remedy taken. All applicable records would be open to subscribers who request them, through proper notification to management and proper identification of need. Any outdated or 'unnecessary records will be destroyed by the company after a reasonable period. All third-party agreements with businesses, public institutions, etc., along any institutional network will contain an understanding about this time period and the responsibility of monitoring or destroying records. Requests for subscriber records from public agencies, law enforcement, City Hall - will not be honored without legitimate legal devices such as subpoenas or resolutions to both the company and the subscriber. Both parties have the right to appeal any undue pressure or notice in this area. Breach of privacy is the company's liabililty, normally; imediate detection of a technical violation in patching, program transfer, or coding methods - can be followed by immediate remedy, plus a written apology from the company, with copies to our attorney. More serious violations, which still are not likely in most cable operations, can only be resolved through usual legal processes of complaint, regugst.for Fe~edy/ ang assignment to the courts if remeay is not forthcoming. Page 2 To inform Mound citizens further about aspects of privac~ and cable that may affect them, Dowden Communications will provide the expertise of former Minnesota State Senator, Robert J. Tennessen, who served on the Federal Privacy Commission that studied the cable-privacy question, among others. Tennessen has been legal counsel to Dowden Communications on several Minnesota projects. In light of Dowden's overestimation of the number of existing households in the Mound initial service area, please explain your estimates as to future rate schedules, assuming all other things equal except the number of households in the initial service area being 20% less than those estimated by Dowden. The original pro foLma run for the Mound cable television system assume(] 4,100 homes passed within the initial service area, due to a misunderstanding of the housing data received. The actual home ~ount in Mound is 3,500-plus, or approximately 15% fewer than originally projected. If all of the original penetration assumptions remain constant, this, of course, could result in a 15% reduction in net operating inCOme. Our average basie penetration projections for the first five years of operations are 5.3% (a partial year), 37.0%, 47.4%, 52.4%, and 55.4%, respectively. Simply maintaining these basic penetration percentages, and increasing our pay penetration from 150% pay-to-basic, to a reasonable ~85% (with "The Movie Channel" substitution) would bring net operating revenues from Mound's 3,500-home market to the equivalent of our original 4,100-home projections. We w0uld be able to meet these new numbers without much difficulty. Any increase in our basic penetration percentage, which is certainly a feasible assumption for the Mound market, would also have a multiple impact by increasing basic as well as pay revenues. We do not anticipate the need, therefore, to adjust our proposed rates and charges any earlier than projected, or to reduce the proposed capital items or local programming commitments. Recognizing that certain programming services come and go in the future, please explain in detail Dowden's policies and procedures for the addition and deletion of programming services, including specifically the amount of influence over those decisions which the City Council will have. Dowden's main philosophy in programming selection is to tailor the lineup to the demographic and viewer interest patterns of each community -- without padding the lineup with duplicated, unfilled, or rarely-watched channels that eventually cost everyone extra. Clearly, there are similaries in program preferences and viewing habits among most communities, just as there is a finite number of satellite services available to every operator. Page 3 Dowden has always worked to arrange the tiers and the services in a reasonable, affordable manner, sothat all income levels and all ages will find programs of merit and value there. We will not change program lineups 'willy-nilly', particularly after the system is running and subscribers have already o-~ed definite viewing patterns. If a change is required - usually because of technical incompatibility or overly ambitious projections by the programmer - Dowden notifies the Advisory Commission and/or the Council and requests time to explain the change and the alternatives available. (We will always try to find substitute programming that "is consistent with the type and quality which was originally offered.") Article IV of the Ordinance also requires written authorization'by the Council or another designated body before changes are carried out. Historically, Dowden has often improved its program offerings to a co,,,unity, even before the system is launched. The Germantown, Tennessee line-up, for example was strengthened considerably prior to launch, as noted by their local Cable Committee in commending our efforts. The Warren Illinois system -- originally a 20-channel "block' converter system -- will have a 35-channel converter with improved programming when it launches April 1. Do you have any current plans for the expansion or technological upgrading of the system in the future? If so, what is your company's policies regarding the implementation of these plans? What influence will the City Council have in this area? Dowden has anticipated the need for Mound expansion or technological upgrading by designing a 400 MHz system from the outset, with amplifiers spaced for later 54-channel adaptation. We have also projected full two-way activation of the subscriber network in year three, if subscriber interest is confirmed. The interest of Mound's subscribers are served best with this allowance for 54-channel expansion -- particularly if nearby metro communities wish to interconnect with the Mound system at a later date. We are aware that any new developments must be economically feasible, and that the City is authorized to help us achieve a reasonable rate of return through its approval of basic rate increases. Periodic reviews of all performance standards by the Council and upgrade schedules are called for in the Ordinance, as well, in the 3rd, 5th, and 8th years, minimally. Page 4 OMISSIONS AND VARIATIONS In reviewing our proposal, we noted one major omission in Form L, Proposed Rates and Charges, that had not been discussed earlier by your Committee. Under 'Additional Outlet', Basic I Service, the monthly charge should not be left blank; it should read $3.00 monthly. This was simply an error of omission and we are not changing our bid; had we not intended to charge for additional outlets, we wou-~ have typed "none" as we did in all other categories. Please inclUde this change and accept our apology for this error. - Page 5