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85-06-11 CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 6:30 p.M., TUESDAX, JUNE 11, 1985 COUNCIL CHAMBERS RECONVENE BOARD OF REVIEW AT 6:30 P.M. Approve Minutes of May 21, 1985, Regular Meeting Approve Minutes of May g~,8, 1985, Board of Review PUBLIC HEARING; On Application for Conditional Use Permit to Operate a Minor Auto/Boat Repair Business at 5542 Lynwood Blvd. Blue Lagoon Marina - Case #85-423 - Steve Pauly Pg. 1332-1348 Pg. 1349-1351 Pg. 1352-1366 J~. PUBLIC HEARING; To Consider the Issuance of "Off-Sale Beer License" to Christine Malik Brickley & William Scott Brickley, dba Mound Superette, 2222 Commerce Blvd. ~.Consider Issuance of a Cigarette License for Mound Superette, 2222 Commerce Blvd. Pg. 1370 /PUBLIC HEARING; To Consider the Reallocation of up to $10,000 of CDBG (Community Development Block Grant) Funds from the Tonka Plant Reuse (Project #754) to a New Proposed Downtown Beautification Program Pg. 1371-1381 ~./ Comments & Suggestions from Citizens Present Approval and Acceptance of 1984 City Annual Financial Report (PLEASE BRING YOUR ANNUAL REPORT) . Consider Quotations .for Installation of Storm Sewer Pipe for Cambridge Lane. This is an unfinished part /Rf the 1980 Street Project Pg.. 1382-1385 esolution Reconveying a Portion of Certain Tax Forfeit Lands Back to the State and Requesting the County 0.Board Sell These Lands to the City of Mound Pg. 1386-1391 Announcement~of Variance Hearing Meeting on County Road 15 on June l~th, at 9:20 A.M. - State Transportation Building in St. Paul Pg. 1392 Pg. 1367-1369 Page 1329 1/.Request Funding to Continue Showing City Council & Other Important Meetings on Cable T.V. - Proposed Cost - Maximum $2,600 ~.An Ordinance Amending Section 26.01 of the City Code, Adopting the Updated Minnesota State Building Code; Providing for its Administration and Enforcement 1 No Parking Signs for Northern Road from Sandy Lane to Northern Road Turnoff 4~.Resubmitted City Lease - RE: Use of Tonka Building from Balboa Minnesota Co. (Changes Underlined) .3~.Amending Purchase Agreement on Bakery Building - Lynwood Blvd. Improvement Project -t~.Payment of Bills 17. INFORMATION/MI,$~ELLANEOU$ Pg. Pg. 1397-1400 Pg. 1401-1402 Pg. 1403-1407 Pg. 1408-1424 Pg. 1424-A-1424-0 Ae Letter from City Engineer Regarding League of MN. Cities Conference Update & Resolution of Bartlett Blvd. Frost Boils Update Letter from City Attorney on Dance Hall Permits Pg. 1425 Pg. 1426 Pg. -1427-1434 D.. News Clipping,-Mpls. Tribune RE: Water Pg. 1 435 E. Continental Telephone Filing before the P.U.C. Pg. 1436-1439 F. Mound "City Days" Update Pg. 1440-1441 Announcement on Met Council Chairman's Meeting June 25th Pg. 1442 H. Letter from Hennepin County Regarding Composting Pg. 1443 I. Proposed Amendments League of Cities Constitution Pg. 1444-1449 J. Met Council Review - May 24, 1985 Pg. 1450-1451 K. American Legion Gambling Report - May Pg. 1452 L. List of Government Training Service Programs Pg. 1453-1454 M. Waste-Line Newsletter - May Pg. 1455-1456 N. Letter from Congressman Sikorski Pg. 1457-1458 Oe Invitation to Hospitality Suite - League of Mn. Cities Convention Pg. 1459 Pg.lBBO 91 MI.NUTES May ~1, 1985 REGULAR, COUNCIL, MEETING ~AY,~I, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on May 21, 1985, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, Finance Director Sharon Legs, Building Inspector Jan Bertrand and the following interested citizens: Audrey Evans, Laura Osborne, Mary Ellen DeVinney, Kenneth Osborne, Rick DeVinney, Jim Hendricks, Curt Berg, Eileen Berg, Judy Pike, Connie Kolden, Russell Kolden, Mike Colbert, Tom Prokasky, Res Chambers, Jay Gorton, Patricia"Dodds, Mary Perbix, Donald Holste, Richard Clifford, Herman Kraft, Richard Hall, Donna Smith, John Schluter, Bill Alexander. The Mayor Op~oed the meetin~ amd welcomed the peop1~ ih attendance. councilBem~er paulsen to approve the Minutes of the ~B~ 1~, unanimously in f~or. ~otiO~ carried. Mayor introdUCed ~e SUbject and asked if 8By of the Council ~hed %0 Speak at this point. ~cil~e~ber Smith state~ that ~fter the hearing closes, he probably propose that the existing Ordinance, Section 55.38 'epealed and would recommend reconsiderin~ the campaign/lawn roposal that was recommended by the Planning CommisSion. submitted cgpies of their proposal. opened the hearing 8nd asked if anyone prese~ wished the temporary electiOn si~n subject. RENS, ~6z~ Island View Drive. Stated there were in~s that bothered him about Section 55.38 B a.s it May 21, 1985 Setback of 10 feet from the curb line. This ~S too restrictive and would give the encumbant an advantage. It was also not enforced during the school board election. Signs could only be erecte'd 28 days before election. This denies the right of land owners to express their opinions. City Manager directing removal of signs. He stated he feels the removal of the signs should be enforced by the Staff, i.e. Building Inspector or Police Chief, not the City Manager. This is another example of the government trying to take away people's rights· Just like Pelican Point, the Council had to go with the m~ndate of the people. He asked that the Council take these items into consideration and repeal Section 55.38 B of the City Code. Mayor Polston explained to Mr. Ahrens that the only St:afl person the Council can direct ..(by law) is the City Manager. BUZZ S¥CKS, 5900 Beachwood Road. Stated that he does not agree with the Mayor. He concurs completely with Mr. Ahrens. He further stated that he feel~ letting t,he~City Manager decide whose sl~n stays and whose sign goes is setting up a 'dictatorship. The person whose sign is~in violation should be contacted~ to remove it. The Mayor asked if anyone else wished to speak with regard to the campaign sign ordinance. No one responded... The Mayor then brought the subject back to the Council and asked if any of the Council wished to speak. Councilmember Paulsen asked Mr. Ahrens if he felt there should be a time limit the signs could be up and if so what it was. Mr. Ahrens stated that he felt perhaps 60 to 90 day~ would be a good compromise, 28 days is too restrictive. Councilmember Peterson~stated that there was no follow-u the school board election signs because the ordinance in the air and this meeting was pending. He fu, mentioned that he knows there are specific cases whe setback regulation would be too restrictive, therefo changes need to be made in the ordinance. Councilmember Jessen stated that she too could would be problems with the setback regulation an go along with amending that, but that she strongly about erecting signs no more that 2~ before the election. 95 May 21, 1985 The public he~rin~ ~-~ eloped at the l st.m tin . con$inuabion. Smith moved and Peterson seconded the following: ORDINANCE {~77 ORDINANCE AMENDING THE ZONING MAP MAKING LOTS, 1, 2, & 9, BLOCK 13, THE HIGHLANDS TO R-2 ZONING Donna Smith stated that she is very happy that this motion was made. She feels the R-2 will be an asset to the neighborhood. Rick DeVinney also stated that he is in favor of the R-2 zoning. Councilmember Paulsen stated he does not agree with the R-2 zoning because it is spot zoning. He believes the most consistent zoning for all three corners would be R-l, but he realizes this will not be done. A roll call vote was 3 in favor with Jessen and Paulsen voting nay. Motion fails. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to send this item back to the Planning Commission for them to consider rezoning the entire area (the three corners of County Road 110 and ~S;4) from R-.3 to R-1. Mayor Polston stated that he feels this motion to down-zone the property on the three corners would be arbitrary and capricious on the part of the City. A roll call vote was 2 in favor with Peterson, Polston and Smith voting nay. Motion fails. Councilmember Peterson stated that at the last meeting he failed to convince 4 members of the Council to vote for R-2 zoning and thus would offer the following motion. MOTION made by Co, uncilmember Peterson, seconded by Councilmember Jessen to rezone the lots to R-3. Councilmember Peterson then stated that he pledges to restrict,building on these rezoned lots to single family homes. Councilmembers Jessen and Paulsen agreed with Councilmember Peterson's pledge. A roll call vote was 3 in favor with Polston and Smith voting nay. Motion fails. Donna Smith stated it has always been her intention to have single family dwellings on the lots. May 21, 1985 Councilmember Jessen asked if the lots could be subdivided. Ms. Smith answered yes but financially it was not feasible for them. This would have to be done by a builder. She agreed this would have been the best option, but also the most expensive. Mayor Polston stated that because this land has been held in single family ownership prior to t'he enactment of the zoning ordinance he believes the Council could issue a variance for construction of single family dwellings on Lots 1 and 9,~ because he believes the City has done this before. The City Attorney stated that the Council can grant a variance from 10,000 to 7,200 square feet if they wish, but it has nothing to do with how long the property has been owned. The applicant has stated that Lot 9 has 6,230 square feet in R-1 and 1,020 square feet in R-B. Polston moved and Smith seconded the following resolution: RESOLUTION ~85-59 RESOLUTION TO GRANT A VARIANCE FOR BUILDING A SINGLE FAMILT UNIT ON LOTS 1 & 9, BLOCK 13, THE HIGHLANDS Mayor Polston'asked that the record show that the'reason he made with motion is because the property has been in one family ownership prior to the enactment of the zoning ordinance. A roll call vOte was unanimOusly in favor. Motion .carried. CASE' JOHN SCHLUTER., 4559 WILSHIRE BLVD. LOT SPLIT, SUBDIVISION The City Manager explained that this item was also carried over from the last meeting because of a question as. to how and what way should park dedication fees be applied to small lot splits/subdivisions. The lot split meets all the requirements of the zoning ordinance. The Building Inspector pointed out that the Planning Commission recommended approval with the condition that the boathouse structure be relocated to meet all setbacks, but because the building is a concrete and stone structure built into the side of the hill, and would be virtually impossible to move, the Staff recommends leaving it as is. Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~85-60 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR METES AND BOUNDS DESCRIPTION, MAKING THE PARK DEDICATION FEE ZERO, PART OF FIRST RE- ARRANGEMENT OF PHELPS' ISLAND PARK 1ST DIVISION, PID ~19-117-23 13 0006 (~339 97 May 21, 1985 WILSRIRE BLYD. ) Mayor Polston stated that he has a real problem setting the park dedication fee at zero, unless the Council wishes to amend the park dedication fee ordinance. He stated that he was on the Council when this ordinance was passed and his recollection was that the Council did not want to collect park dedication fees on every 1, 2, or B lot splits. Therefore, he would like to see this ordinance amended to exclude lot splits of 3 or less from paying park dedication fees or charge some minimal amount such as SBO0.O0. Couneilmember Paulsen agreed with Mayor Polston. The City Manager explained that the Planning Commission is now studying a new subdivision ordinance which would charge a flat amount to minor subdivisions (3 lots or less), rather than the 10% which would be charged on major subdivisions. The City Manager stated that the applicant, in order to move this item along, has agreed that $200 to $300 would be acceptable to 'him as a park dedication fee. The applicant stated that since the first of the January, 1984, there have been five subidivison requests that the Council has approved with no park dedication fees. Couneilmember Jessen stated that with the history that has taken place she would support s zero p. ark dedication fee in this case. Mayor Polston stated that he could not support zero park dedication without an amendment to the ordinance. The City Attorney stated that if the Council approves this with no park dedication fee, they will not be abiding by their own ordinances. Discussion on amending the ordinance and setting a fee. MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson to amend Resolution #85-60 to change the park dedication fee from zero to $300.00 for each newly created lot. The vote was unanimously in favor. Motion carried. The vote on the original resolution was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR MAY The City Manager explained that the revised total is $2,040.46. The Mayor opened the public hearing and asked if there was anyone present who wished to speak regarding a delinquent utility bill. 98 May 21, 1985 No one responded. The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION $85-61 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,040.~6 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. .P UBL. I C HEARING; TO CONSIDER CONDITIONAL USE PERMIT FOR CLASS 2 RESTRAURANT (CHANGE FROM CLASS. 1), 5600 THREE ,POINTS,,, BLVD, The City Manager explained that the Pizza Factory, next to PDQ, would like to add a deli to their pizza business and therefore needs to reclassify the restaurant from Class 1 to Class 2. This basically means that the customers would be served food at a counter rather than having food served at a table. The Planning Commission has recommended approval. ~ The MayOr opened the public hearing and asked if there was anyone present who wished to speak for or against this proposed change in restaurant classification. No one responded. The Mayor closed the public hearing. Peterson moved and Jessen seconded the following~resolution: RESOLUTION #85-62 RESOLUTION TO CONCUR WITH THE PLANNING~ COMMISSION AUTHORIZING A CONDITIONAL USE PERMIT FOR PATRICK J. MC GINNIS, dba PIZZA FACTORY, PID ~13-117-24 22 0017 Councilmember Smith stated that he would like to see the following added to the conditions of approval in the resolution: "to limit making no structural changes to the building, no drive-up windows, no loud speakers, no external aesthetics or landscaping or changes in access driveway; also no sign changes unless addressed by the present sign ordinance as the ordinance takes precedence". The Mayor asked if the seconder and the maker of the motion would agree with this language. Peterson and Jessen agreed. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGKSTIONS FROM CITIZENS PRESKNT The Mayor asked if there were any comments or suggestions from the citizens present. MOTION made by Councilmember Paulsen, seconded by /$$ ? May 21, 1985 Couneilmember Peterson to add Tom Rrok~k~ to th~ later this evening. The vote was unanimously in favor. Motion carried. PUBLIC DANCE (DAN~.E HA.LL.).~.ERMIT APPLICATION FOR CAPTAIN BILLY'S, 52~1 SHORELINE BLVD. Mr. Bob Abdo, attorney for Captain Billy's, asked to be recognized. He stated he was here to address the Council about the Dance Hall Permit Application and the confusion that Mr. Bill Alexander, President of Captain Billy's, has with respect to his obligations and the companies obligations with regard to permits. Mr. Abdo.explained that Captain Billy's contention is that he has an Entertainment Permit and a Dinner Dance Permit and that he does not need a Dance Hall Permit because any dancing done would be in conjunction with his Dinner Dance Permit. Further that he is not charging the public to dance but is charging a cover charge to cover the cost of the entertainment. Captain Billy's has a 12 foot by 12 foot dance floor and he cannot understand why he would have to employ a police officer as the Dance Hall ordinance and thk State Statues states when he feels he is operating under the Dinner Dance Permit and the Entertainment Permit. Mr. Abdo further explained that Mr. Alexander served in the Army and was traihed as an MP (military police office), consequently he~ has securty training. Mr. Abd0's request is that the Council determine that with the activities going on at Captain Billy's it is properly licensed and does not require a Dance Hall Permit. The City Attorney stated that the there are two separate kinds of dance permits. The Dinner Dance provision is questionable where liquor is served. This ordinance was adopted in 1975 or 1976 and was modeled after the Spring Park ordinance, where dancing in liquor establishments was in doubt. But the section that came to the Police attention, is where Captain Billy's is charging to get into the establishment and the statute could not be more clear where is states that if you are charging admission, directly or indirectly, and dancing is allowed, you have a public dance. His opinion is that there are clearly 2 separate dance permits. One, Dinner Dance where you go and eat and music is playing, but it incidental to the eating. Two, is just exactly what Mr. Abdo has talked about, bringing in a big band and incurring expense, wh.ich even if you considered this a concert would be treated under the present ordinances as a public dance. Mr. Abdo asked what an Entertainment License. The City Attorney read the applicable ordinance ~38.05. Mr. Abdo stated that he felt Captain Billy's falls under this license. The City Manager explained that where the problem came in was that he was allowing dancing and charging a cover charge. Dancing seems to be..the problem. 100 May 21, 1985 Mr. Abdo explained that it is his understanding that Captain Billy's is not providing the bands for dancing but for listening because their facilities are not set up like a dance hall. The City Attorney explained that the City's Liquor Licenses are set up so that hard liquor is sold in'eon junction with the eating of food, not with concerts or shows. He pointed out that having a restaurant requires so many parking spaces. When you have a concert it requires many more spaces than are available or required for an eating establishment. The City Attorney stated that when the ordinance was passed it was on the Police Chief's recommendation at that time that his officer's not be allowed to work in a place which serves intoxicating liquor because of the potential conflict of interest this could cause. Police Chief Harrell explained that this was his attitude also. The Mound ordinance is more strict than the State Statute in that it says the proprietor will pay a Mound Police Officer and the State Statute says the Police Chief can designate someone to be present at these public dances. Mr. Abdo suggested changing the ordinance to be more in line with the State Statute so this does not come up with someone else. The Mayor stated that what .is before the Council at this time is whether to issue a Public Dance Per'mit or not.. Or the Council can amend the ordinance with regard to a public Officer. The City Attorhey suggested that before the Council make a determination they check with some other municipalities, such as Spring Park, on the problems they have had with Public Dance Permits. : Mr. Alexander stated that he has a nice place and does not want any rowdy customers. He is trying to attract people who want reasonable food at a reasonable price and he just wants to upgrade it. He state he believes the cover charge helps this cause not hinders it.- Mayor Polston stated that the Council has to follow its ordinanees..and cannot change those ordinances to fit one particular situation or person. Mr. Abdo requested that the Council amend the Dance Hall ordinance to more closely follow the State. Statute in allowing the Police Chief to designate someone to cover these dances other than a Police Officer. Mayor Polston stated that until the Council receives some clarification from the Attorney General on who an "officer of the law" or a "public officer" are under the State Statute, this issue seem~ to be at an impasse. Mr. Abdo disagreed and stated he felt the Council could adopt the language in the State Statute 101 May 21, 1985 and then get the opinion on the terms. Then the Council e0ul6 allow Captain Billy's to operate. Mayor Polston stated that his other concerns are with the zoning aspect. Under the Conditional Use Permit, concerts were never mentioned or considered when it was approved. Mr. Abdo stated concerts are not what they are here for, it is a Dance Hall Permit. Couneilmember Peterson asked how the 300 capacity of Captain Billy's will impact on the parking facilities. Mr. Alexander stated that he does not start his entertainment until 8:00 P.M. or later-and by that time the patrons of the supermarket are thru shopping, the liquor store is closed and the entire parking lot is virtually his after 9:00 P.M. Councilmember Peterson asked how many parking spaces are at the center. Mr. Alexander answered that he thought in excess of 200. The City Attorney pointed out that when Mr. Alexander was granted his Conditional Use Permit, that the lot to the east was designated as overflow parking and if there was any kind of problem the owner of the center would have to do something. His recollection was that the operation was marginal as far as parking spaces. The City Planner reminded the Council that the parking requi'rements were based on the restaurant seating capacity 160 not the total fire rated capacity of the building. The Mayor stated this may require the Conditional Use Permit to be amended. : Mr. Alexander stated he did not think the parking has been a probl em. Couneilmember Paulsen stated he would be in favor of an ordinance prohibiting dancing when a cover charge is charged. Mr. Alexander stated he did not feel this was an option. He feels he is charging the cover charge to cover the expense of the band not for dancing. The Mayor stated that he can have the band, dancing and eating under the Dinner Dance Permit, but he cannot charge a. cover charge. Couneilmember Peterson asked if Captain Billy's wants a Da-nee Hall Permit. Mr. Abdo stated yes. MOTION made by Couneilmember Peterson, seconded by Councilmember Paulsen to issue a Public Dance Permit to Captain Billy's with the present ordinances to apply. Mayor Polston stated that this means there will be a Police Officer in attendance if there is dancing and it will be subject to approval of the Mound Police Chief. The vote. was unanimously in favor. Motion carried. ~ 102 May 21, 1985 The City Manager reminded the applicant that he will have to notify the Police Chief of their intentions as far as dancing is concerned. The Council directed the City Attorney to research the State Statute as to the meaning of "public' officer" or "officer of the law" and return this information to the Council. The Dance Hall Permit will expire on January 31, 1986. The City Attorney pointed out that the, Council has in effect amended Captain Billy's Conditional Use permit by allowing him a use that is over and above the Conditional Use Permit that has been granted. The City Manager pointed out that the Staff is spending an inordinate amount of time monitoring Captain Billy's operation. i.e. parking lot use, checking if he has a Police Officer when dancing is going on, checking to see that he does not have more people inside than the Fire Marshal will allow, etc.: Mayor Polston stated that we may have to look at increasing the fees for this type of permit to cover the extra work involved in monitoring. Discussion on the parking ~requirements in the Conditional Use Permit which only allows 52~ spaces for Captain B.illy's. The"City Manager stated that the City will monitor the number of spaces that are used and ~'hen the City will know if the CUP needs amending. The' Council told the Applicant that he should communicate what their intentions are with respect to the parking and activities before they do it. Councilmember Jessen left the meeting at this point. MISCELLANEOUS LICENSE & PERMIT RENEWALS The following licenses and permits were presented for renewal. They all expire on June 30, 1985. New license period is from July 1, 1985 to June 30, 1986. Off. Sa~9 ·Be,er A1 & Alma's Grimm's Store PDQ Food Store Steven's Market O.n, Sa.le Liauo~ Donnie's on the Lake Captain Billy's Set-Ups A1 & Alma's pn-Sale Beer A1 & Alma's House of Moy Club LicensD American Legion #398 VFW #5113 Sunday Liouor Donnie's on the Lake Captain Billy's 103 May 21, 1985 Annual D.in,,ner D. an~.e Captain Billy's Wine A1 & Alma's' House of Moy ,F,~sh,,Fr¥-June ~1 to 23, 1985 Mound Volunteer Fire Dept. Charitable Beer Permit & Set-Ups MOTION made by Councilmember Smith, seconded by Councilmember Peterson to authorize the renewal of the above licenses as presented. The vote was ~ in favor with Councilmember Jessen absent and excused. Motion carried. ORDINANCE'AMENDMENT SECTION ~,16, SUBSECTIONS G & J, & ADDING SUBSECTION,, F TO SECTION 20.03 The City Manager explained that this is the ordinance in its formal state as submitted by the City Attorney and presented to the Council several weeks ago. Paulsen moved and Peterson seconded the following: ORDINANCE t~77 AN ORDINANCE AMENDING SECTION 6.16, SUBSECTIONS (g) AND (j) OF THE CITI CODE RELATING TO WATER CONNECTIONS; AND ADDING SUBSECTION (F) TO SECTION 20.03 RELATING TO SANITARY SEWER CONNECTION The vote was 4 in favor with Councilmember Jessen being absent and excused. Motion carried. CANCEL ASSESSMENT ON TAX FORFEIT LAND - LOT 3, BLOCK 2, WESTWOOD The City Manager explained that this is a tax forfeit lot that Mr. Drey wishes to purchase (it adjoins his property), but it has a large street assessment on it in the amount of $4.973.47 and since the lot is unbuildable because of the deep ravine in it he would like the assessment cancelled. It is an eyesore and collects people's junk. By selling the lot to Mr. Drey it would be put back on the tax roles. Councilmember Paulsen stated that he has checked into this lot and has found that to fill it in would be financially .not feasible so he would agree with the recommendation to cancel the assessment -- Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~85-63 RESOLUTION CANCELLING LEVY ~8297, IN THE AMOUNT OF $q,973.47 ON LOT 3, BLOCK 2, WESTWOOD (FID ~23-117-2~ 23 O01~),,AND REOUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT 104 May 21, 1985 LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was 4 in favor with Councilmember Jessen absent and excused. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Mayor Polston to approve the payment of bills as presented on the pre-list in the amount of $73,500.91, when funds are available. A roll call vote was ~ in favor with Councilmember Jessen being absent and excused. Motion carried. PETITIQN FOR LOCAL IMPROVEMENT; WAIVER OF HEARING;, RESOLUTION DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC IMPROVEMENT: RESOLUTION ORDERING. THE IMPROVEMENT AND,, PREPARATION OF PLANS AND SPECIFICATION; APPROVAL OF LOW BID FOR PROJECT:FOR PORT HARRISON TOWNHOMES/CATAL¥ST, PROPERTIES~ INC. (JOHN NELSO~ Peterson moved and Polston seconded the following resolution: RESOLUTION ~85-6~ '. RESOLUTION DETERMINING THE: VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC '° IMPROVEMENT (PORT HARRISON TOWNHOMES) The vote was 4 in favor with Councilmember Jessen being absent and excused. Motion carried. The City Manager stated that the City Engineer has reviewed the plans and specifications and has recommended approval. Peterson moved and Smith seconded the following resolution: RESOLUTION #85-65 RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SEWER AND WATER IMPROVEMENTS FOR .. PORT HARRISON TOWNHOMES The vote was 4 in favor with Councilmember Jessen absent and excused. Motion carried. Peterson moved and Smith seconded the follow'lng resolution: RESOLUTION ~85-66 RESOLUTION APPROVING THE ID OF VOLK EXCAVATING IN THE AMOUNT OF ~ FOR PORT HARRISON TOWNHOMES SEWER AND WATER P ROJ ECT The vote was 4 in favor with Councilmember Jessen absent and /3 104 May 21, 1985 LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was 4 in favor wit~ Councilmember Jessen absen~ aha excused. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Mayor Polston to approve the payment of bills as presented on the pre-list in the amount of $73,500.91, when funds are available. A roll call vote was ~ in favor with Councilmember Jessen being absent and excused. Motion carried. PETITION FOR LOCAL IMPROVEMENT; WAIVER OF HEARING; RESOLUTION ,DETERMINING VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC IMPROVEMENT; RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATION; APPROVAL OF LOW BID FOR PRO~ECT;FOR PORT HARRISON TOWNHOMES/CATALYST PROPERTIES~ INC, {JOHN NELSON) Pe~erson moved and Polston seconded the following resolution: RESOLUTION ~85-6~ RESOLUTION DETERMINING THE VALIDITY AND SUFFICIENCY OF PETITION FOR PUBLIC IMPROVEMENT (PORT HARRISON TOWNHOMES) The vote was 4 in favor with Councilmember Jessen being absent and excused. Motion carried. The City Manager stated tha% the City Engineer has reviewed tne plans and specifications and nas recommended approval. Peterson moved and Smith seconded the following resolution: RESOLUTION ~85-65 RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SEWER AND WATER IMPROVEMENTS FOR PORT HARRISON TOWNHOMES The vote was 4 in favor with Councilmember Jessen absent'and excused. Motion carried. Peterson moved and Smit~ seconded the following resolution: RESOLUTION ~85-66 RESOLUTION APPROVING THE BID OF VOLK EXCAVATING IN THE AMOUNT OF $5,211.16 FOR PORT HARRISON TOWNHOMES SEWER AND WATER PROJECT The vote was 4 in favor with Councilmember Jessen absent and 105 May 21, 1985 excused· Motion carried. The City Attorney recommended awarding the contract on a unit price basis. The Council agreed~ CHAPMAN pLACE - TOM PROKA~K¥ The City Manager explained that the Building Inspector came to him and stated that Mr. Prokasky has made some changes in the plan that was submitted to the Council and approved and she wanted the Council to approve those changes before she issues the Building Permit· Mr. Prokasky stated there are three points that the Staff felt needed to be brought to the Council's attention: There were 2 exhibits turned in and made a part of the Resolution 84-204, one was a site plan dated October 5, 1984, and the other was the working drawing site plan. On the current plan the Marina office juts out and has been pull'ed back into the corner of the garage area. This will leave a little more green area for the site. Also his understanding of the approval was a maximum of 29 units· Since they desire to construct only 23 units, the sta. ff felt the Council should be apprised of this. 2.. The underground gas storage in the southwest corner of the property and the dumpster location in ~he southwest corner of the garage as shown on the September 7, 1984, site plan are precisely in the same place. The only question was that the 9-7-84 drawing was for the 35 unit building. The Staff feels and .he concurs that the 9-7-84 plan should be ignored and the new plan accepted. Flood plain· The garage floor elevation should be at or above the City's minimum elevation (at or above 933.5). The garage is at 933.5. The problem is the elevator goes down to the garage floor and there is a requirement that there be a pit for the elevator which will go below the minimum of 933.5. It is alright if the pit is flood proofed. The Building Inspector suggested amending the Conditional-Use Permit granted in Resolution 84-204 to incorporate the plans dated May 15,--1985, labeled A-1 and A-2. The City Attorney stated that he does not agree with Mr. Prokasky's statement. When the Council grants a Conditional Use Permit, they adopted the plans and specifications and that is what is to be built. In this case it appears that these are minor technical problems and there should be no problem in.,the Council getting the proper plan attached to the Resolution, but if you are amending a Conditional Use Permit, by allowing 28 106 May 21, 1985 units instead of 29, you have to go back thru the process, meaning a hearing. The City Manager agreed with the City Attorney and stated that is what he suggested, but Mr. Prokasky is spending $1,500 per day and cannot move because of the changes. Discussion on dropping the units from 29 to 28 units. The problem is that the plans submitted with Resolution ~84-204were before the Council cut the units, from 35 to 29. Mr. Prokasky stated that since they have been marketing the units, the two bedroom units are going faster than the one bedroom and this is the reason for the change in units. Peterson moved and Paulsen seconded the following resolution: RESOLUTION RESOLUTION TO AMEND RESOLUTION #8~-20~ TO READ A MAXIMUM OF 28 UNITS IN THE FIRST WHEREAS The vote was 4 in favor with Coun¢ilmember Jessen being absent and excused. MOTION made by 'Councilmember Paulsen, seconded by Councilmember Peterson to adjourn at 11:30 P.M. The vote was ~ in favor with Councllmember Jessen absent and excused. Motion carried. " · : Jon Elam, City Manager Sharon Legg, Acting City Clerk BILLS ............ MAY 21, '1.985 Batch B54046---Computer run dated Batch 854052---Computer run dated Batch 854053---Listed below 5/15/85 ]3,3 A.77 48,102.72 12,054.42 TOTAL BI LLS 73,500.91 Autocon Industries Repair well 7 175.90 Acro-MN supplies 146.96 Janet Ber.trand No Star Mtg exp 20.94 Bury & Carlson asphalt 1,166.80 Continental Tele May tele 1,296.91 Oon Elam Exp-computer class 11.15 Fidelity Products drawer files 268.28 Garys Diesel Serv repair tru~k 2,860.18 Glen Litfin Transfer tow truck--black dirt 370.00 Internal Revenue Liquor tax 54.00 Kromer Co. " shaft 20.00 Litho/Color handicap signs 22.46 MacQueen Equip Boss for bolt 44.02 N.S.P. May elec 4,348.97 NW Bell Tele " Siren--dedicated line 270.05 Joyce Olson Video council mtg 35.75 Sterne Electric check compressor 40.00 Signdesign recycling signs 662.15: Teledyne Total Power air cleaner 14.90 Waconia Ridgeview Hosp EMT class-Williams 225.00 107 May 28, 1985 ,BOARD OF ~EVIEW Pursuant to due call and notice thereof, the Board of Review convened inthe Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on May 28, 1985, at 7:00 P.M. Those present were: Acting Mayor Russ Peterson, Coun¢ilmembers Phyllis Jessen, Gary Paulsen and Steve Smith. Mayor Polston was absent and excused. Also present were City Manage Jon Elam, City Clerk Fran Clark, Hennepin County Assessors Milt Hllk and Keith Renner'feldt. Acting Mayor Peterson opened the Board of Review and explained that this meeting is to give property owners a chance to question the market value placed on their property by the County Assessor as of January 2, 1985. He explained that each person would be heard and the Board of Review will reconvene at a later date and bring back their final decision on each property. The following persons responded to the call to be he~rd; they all asked to have the value of their property rechecked because they felt it was too high. Duwayne Terlinden 1744 Avocet Lane Alvin Gudvangen P. O. Box 193 BID $13-117-24 24 0006 : PID $13-117-24 41 0013 Beatrice Amidon 8016 Cedar Lake Road St. Louis Park, MN. PID #18-117-23 23 0058 Gregory Bergquist 2028 Grandview PID #14-117-24 42 01 23 Dunkl ey Investments 2900 Highland Blvd. PID $23-117-24 41 0017 GMG, Inc. " Mike Maeklin 510 Wayzata Blvd. Wayzata, MN. 55391 PID #23-117-24 41 0012 Carey Manson 5104 Edgewater Drive PID #13-117-24 42 0005 Balboa Minnesota Co. (letter submitted) PID ~13-117-24 33 0036 34 0063 34 0015 34 0016 ,.) 'h ?o ~ ,/ 108 May 28, 1985 3;4 00~2 34 0061 34 0064 34 0065 34 0066 43 0055 43 0059 43 0065 The following law firm asked to have a tax exempt status placed on Westonka Estates: Doherty, Rumble & Butler PID ~23-117-24 11 0031 The folloWing actions were taken: MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to acknowledge receipt of letter asking for tax exempt status for PID ~23-117-24 11 0031, and taking no action. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to deny reducing the value of property owned by Balboa Minnesota Co. described as follows: PID ~ 13-117-24 33 0036 34 0063 34 0015 34 0016 34 0019 34 0042 34 0061 The vote was unanimously in favor. PID ~13-117-24 34 0064 34 0065 34 0066 43 0055 43 0059 43 0065 Motion carried. MOTION made by Couneilmember Paulsen, seconded by Councilmember Peterson to reconvene the Board of Review on Tuesday, June 11, 1985, at 6:30 P.M. The vote was unanimously in favor. Motion carried. PURCHASE AGREEMENT BAKERY BUILDING - LYNWOOD BLVD,. PROJECT The City Manager explained that the purchase agreement for the Bakery Building is-now ready for signing. There were several changes. The price went from $80,000 to $84,500 and Will Johnson wants the City to reconvey a tax forfeit lot (Lot 40, Koehler's Addition to Mound) back to the State and condition it to be sold oniy to adjoining property owners. This has been checked out and it will be to the City's advantage ,to do this and get the property back on the tax roles. MOTION made by .Councilmember Jessen, seconded by Councilmember Paulsen to authorize the Mayor and the .City Manager to sign the Purchase Agreement on the Bakery Building, dated May 23, 1985. The vote was unanimously in 109 favor. Motion carried. May 28, 1985 Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~85-68 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT LANDS BACK TO 'THE STATE AND REQUESTING THE COUNCT¥ BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to adjourn at 8:~0 P.M. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager' Fran Clark, 'C'i{Y' Clerk. CITY OF MOUND Mound, Minnesota NOTICE OF PUBLIC HEARING ON THE APPLICATION FOR CONDITIONAL USE PERMIT TO OPERATE A MINOR AUTO/ BOAT REPAIR BUSINESS AT 5542 LYNWOOD BOULEVARD PID # 13-117-24 33 0027 NOTICE IS HEREBY GIVEN THAT on Tuesday,~o~'~'-]'T~, 1985, at ~P.M. at the Mound City Hall, 5341 Maywoo.d Road, Mound, Minne- Cond~ion~l Us~ P~rmi~ ~o op~ ~ ~lno~.~/Bo~ Business at 5542 Lynwood Boulevard and on site legally described as follows: Commencing at northeast corner of Lot 5 than west to the northeast corner of Lot 3 than northwesterly to the easterly line of vacated Linden Street and passing thru a point in east line of said street 20 feet northeasterly from south line of Lot 8, Lakeside Park, A. L. Crockerls 1st Division, than southwesterly along said easterly line to the north line of southwest 1/4 of southwest 1/4 of Section 13 than west to northeast corner of Tract B, Registered Land Survey No. 588, than southerly easterly and southerly along said Registered Land Survey to the southeast corner thereof than east along the north line of Lynwood Boulevard to the east line of Lot 5 than north to beginning except road, Koehler's Addition to Mound Plat 61650 Parcel 0360 PID # 13-117-24 33 0027 All persons appearing at said hearing will be given an oppor- tunity to be heard. Francene C. Clark, CitE Clerk, 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612J553-1950 TO: Planning Commission and Staff FRO~: Mark Koegler, Ci~ty Planner ~ DATE: May 1, 1985 SUBJECT: Conditional Use Permit CASE NO: 85-423 V~S FILE NO: 85-310-A]6-Z0 APPLICANT: Steve Pauly - Blue Lagoon Marina LOCATION: 5542 Lynwood Boulevard (old Tonka garage) EXISTING ZONING: Central Business (B-I) COMPR~IVEPLAN: Commercial PROPOSAL: The applicant recently opened a boat repair/sales facility in the old Tonka garage on Lynwood Boulevard. Upon receiving notice from the City Manager that such a use cannot legally operate in the B-1 zone without a conditional use permit, Mr. Pauly submitted a request for conditional use permit approval. The old Tonka garage contains'approximately 12,000 square feet. At the present time, Blue Lagoon Marina is occupying 11,200 square feet and an 800-square foot area is being used by the cable company for equipment storage and installation operations. The use of the building and property by the cable company is also illegal. Blue Lagoon Marina is proposing to operate a sales and boat repair facility. According to the applicant, it is likely that the building will be sold in the near future as a part of the Town Square downtown redevelopment project. Therefore, it appears as though he will be in operation at the present location until August 1, 1985. .O '¸0 · Planning Commission and Staff Pa e Two May 1, 1985 ~. The attached flier outlines some of the services provided by Blue Lagoon Marina. The facility presently employs approximately 5 people. Employee and customer parking as well as outside boat storage is located along the west and north sides of the building. Mr. Pauly anticipates that 3 or 4 boats will be parked outside at all times. In addition to the services provided, Blue Lagoon Marina also has brokerage boats ar~ acts as an authorized retailer for a sport boat line, motors and trailers. .~ J~: ....Prior to considering the conditional use ,permit appro that the Planning Cc~ssion needs to conduct an interpretation of the zoning ~ce. Section 23.625.3 allows boat an(~ mart~ ~es ~,~d minor auto -~pair-(w.-~~~nS]l~" been interpreted ~ include .~ti.o.9~._U~~the B-1 z~e.~ce define~ minor auto repair as "The replacement of~-~ or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstery service when sa'id service above is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight." According to Mr. Pauly~s flier, Blue Lagoon Marina off~rs a "48-hour tear down and inspection and 'exchange of Merc and OMC I/OS" which seems equivalent to the removal of the engine head or pan, transmission or differential. Therefore, staff feels that the proposal is a major repair .facility and not minor repair as defined by the ordinance. If the Planning Commission finds that t~e Blue Lagoon. Marina is a 'major facility, the use is not allowed in the B-1 zone as either permitted or conditional. As a result, the Planning Commission could recommend that the applicant apply to amend the zoning ordinance to allow major facilities as conditional uses or, if the Commission feels the use is inappropriate, it could recommend to the City Council that the proposed Blue Lagoon Marina not be allowed in the B-1 zone. If the Planning Commission determines that the Blue Lagoon Marina is a minor repair facility, the details of the proposed operation must be reviewed. Conditional use permits are granted in accordance with the criteria outlined in Section 23.505.1 of the Zoning Ordinance. The Planning Commission needs to determine if a boat repair/sales facility is an appropriate use in the downtown area. In addressing this issue, consideration should be given to the City's efforts in redeveloping and strengthening the downtown area and to the criteria for Granting conditional use permits. rehe City Council, ~RA and Planning Commission have been attempting to vitalize ar~ strengthen the downtown area through the support of the Town Square project, i Town Square, if completed, will become the focal point of the downtown area. Admittedly, the construction of Town Square will ultimately remove the old Tonka garage and the Blue Lagoon Marina if it is approved. Approval of the Blue Lagoon Marina even on a temporary basis, however, may set a precedent for permitting the relocation of the Blue Lagoon Marina or the establishment of another marine repair/sales facility within the downtown area. Staff has serious reservations that a boat repair/sales facility is the type of business that is appropriate in the downtown area due to the required open storage of such an operation and the relatively inefficient use of land in terms of employment opportunities or services that appeal to a majority of the community's residents. Planning Commission and Staff Page Three May 1~ 1985 Staff also has reservations that the proposal meets the following criteria for granting conditional use permits: (2) That the establiskment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (7) The use is consistent with the purposes of the zoning code and the purposes of the zoninG district in which the applicant intends to locate the. proposed use. (10) ExistinG uses adjacent will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general u~sightliness. RECOMMENDATIONS: Blue Lagoon Marina provides a service which is valuable to lake users and boat enthusiasts within Mound and the surrounding area. The location of the repair/sales facility in the downtown area, however, seems inconsistent with the'City's current revitalization efforts and inappropriate as a land use for the reasons cited within this report. Staff recommends that the Planning Commission determine that the Blue Lagoon Marina is a major repair facility as defined by the zoning ordinance and that such a use is inappropriate in the B-1 zone. If the Commission finds that the proposed facility, is a minor repair operation, staff still recommends denial based upon the fact that the project does not meet all of the conditional use permit approval criteria and b~cause the project is inconsistent with the City of Mound' s downtown redevelopment ef forts. Major and minor repair facilities are conditional uses in the B-2 zone and if an apPropriate site were available, the same request within the B-2 area may be approvable. STEVE PAULY'S Steve & S-zi Pauly, Scott Panning, .Gary Rowe, and crew, have left Chaska Marine to open a new marina on Lake Minnetonka,' and a service center in downtown Mound. MARINA & SERVICES OFFERED jr SAME FAST FRIENDLY SERVICE FOR OVER 28 YEARS jr FULL PARTS, ACCESSORY, BAIT & TACKI~E DEPT. ~ 48 HR...TEAR DOWN & INSPE~ON AND EXCHANGE & o c. Vos FUEL &. HEAD PUMP (AVAILABLE 6-.15) ABILITY TO HANDLE BOATS TO 36~ jr BOAT AMBULANCE SERVICE AVAILABLE ON LAND OR WATER ~ AAA RATED INSURANCE REPAIR FACILITY jrFIBERGLASS & REFINISHING DEPT. JrLOCAL HAULING OF BOATS TO 36' WITH HYDRAULIC TRAILER JrRENTAL OF BOATS, MOTORS, PONTOONS, & TRAILERS JrLIMITED SLIPS (SOLD OUT 815) CONTACT US AT: BEFORE MAY IST. 472-7136 AFTER MAY IST. 472-12:20 .,, ILl ~0 Z - Z Z ZZ '.~, o~fi - CITY OF MOUND Case No. ~' ~/~-~ Fee Paid ~,~ Date Filed APPLICATION TO ~LANNIN~ & ~0NIN~ ~0MMI~ION (Please type the following information) Street Address of Property ~'~"~. ~I~ ~- Legal Description of Property: Lot Block Addition ~ ~/~ ~~ PID No. /~'~/jT~ ~-~ 4. Applicant (if other than owner): Name i~l~_..~D~ay~Ph~one No.. ~/~'i~---~/~ Address 5. Type of Request: ( ) Variance (~j~. Conditional Use Permit (') Amendment ( ) Zoning Interpretation & Review ( ) Sign Permit ( ) Wetland Permit ( ) P.U.D. ( )*Other *If other, specify: Present Zoning District ~-'~ Existing Use(s) of Property " ' ~--. ' ~ ~'.,~,"- ~ Has an application ever been made for zoning, .~¥iance, or conditional use permit or other zoning procedure for this property?~nd/~'r~ov~ If so, llst date(s) of list date(s) of application, action taken _ p 'de 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 h~rewith are true and accurate. I consent to the entry 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 required by law. Signature of Applicant~! Date'~_~~.~~ Planning Commission Recommendation: Date I Action: Resolution No. Date 4/82 Procedure for Conditional Use Permit D. E. F. (2) Case qM O Location of: Signs, easements, underground utilities, etc. Indicate North compass direction. Any additional information as may reasonably be required by the City Staff'. 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 provided before a hearing will be scheduled. B. Type of development for which a Conditional Use Permit is requested: 1. Conditional Use (Specify): 2. Current Zoning and Designation in the future Land Use~lan for Mound Development Schedule: 1. A development schedule shall be attached to this application providing reasonable guarantees for the completion of the propose~ 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 1 Bedroom 2 Bedroom 3 Bedroom 3. Lot area per dwelling unit: 4. Total lot area: IV. Effects of the Proposed Use tist 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. rn ,! 0 Z )~orn r~ =qo v' ZO ~.;~ ..~_~ mr- mO 0 =o ~r=. r= X '-4 O0 r- )~ ~c 0 -400 · 0 O~ : " Planning Commission Minutes May 6, 1985 - Page 2 Michael, Meyer and Reese against the amendment; all others in favor. Amendment carried by a vote of 5 to 3. The vote on the motion was un- animously in favor. Motion carried. The notice of the public hearing on thi-s conditional use permit request has been prepublished. The City Council will hold the public hearing on May 21, 1 985. Case No. 85-423 Public Hearing for Conditional Use Permit to Operate a Minor Auto/Boat Repair Business at 5542 Lynwood Bou!evard Metes. and Bounds Description, Koehler's Addition to Mound Steve Pauly was present. The City Planner, Mack K..oegler, reviewed his report. The applicant recently 'opened a boat repair/sales facility in the former Tonka garage on Lynwood Boulevard. Upon notice from the City Manager~ they submitted an application for conditional use permit approval which is likely to be required for that '-type of business. The Blue Lagoon Marina is occupying 11,200 square feet of the building and the cable company, the other 800 square feet. fo~ equipment storage and installation operations; which is also illegal. 'He stated that in reviewing the issue,'.~he first thing the staff thought was appropriate is for the Planning. Commissi'on to do an interpretation of the Zoning Ordinance; specifically to define if the proposed use fall~ into the major or minor pro- visions. Minor sales/boat repair is a conditional use in the B-l; ~ajor is not permitted at all; but is permitted iR the B-2 zone. "The Planner also referred to the City'.~ redevelopment efforts and that Pauly believe§ he!~'l ~n'ly be allowed...to operate at location until A~gu~t 1, 1985. The staff has some concern, that even on a temporary basis, that the approval of this re- quest will set a precedent for the establishment of a boat repair/sales facilJ- ty in the downtown area. Staff has reservations whether boat repair/sales facility is appropriate type of business in the downtbwn area due to the required open storage of such an operation and the relatively inefficient use of land in terms of employment or services that appeal to a majority of the community's. residents and questioned whether the p.roposal meets the following criteria of City Code Section 23.505.1~. (2) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area; and (7) The use is consistent with the purposes of the zoning code and the purposes of th~' zoning district in which the applicant intends to locate the proposed use; and (10) Existing uses adjacent will not be adversely affected because of curtailment of customer trade brought about by intrusion of noi'se~ glare or.general unsightliness. The Planner concluded that the Blue Lagoon Marina provides a service valuable to lake useFs and boat enthusiasts within Mound and surrounding area, but does recommend denial of the use. Steve Paul~ stated that it is their, intent to purchase the portion of the property just east of this gaKage bui.lding. Mr. Bi'ckman owns the entire south half of that block i'ncluding the building they're in which is to be part of Town' Square. His request for a conditional use permit is to stay in the I$ ,1 Planning Commission Minutes May 6, 1985 - Page 3 building,they're in until the first of August and, he hopes, with the under-. standing his intent is of moving 150 feet to the east. After the existing . (Tonka) building is bought, there is approximately 1.~ acres of property that will remain. His consternation is based on the fact that his family has been. ~ in the boat business for 25 years. Started in Chaska and moved to Maxwell Bay about 4 years ago. He recently left the company and has taken with him D of his employees. He commented some of the Commission are familiar with the type of business operation he has been running. His concern is about the definition; automobile seems to come up a lot and quanitities of equipment being stored, etc. He doesn't know if defining major or minor or trying to do a cross analogy on whether, a stern drive of a boat is the same thing as a transmission of a car. He didn't feel a boat'without an engine would ever be as objectionable as a car in same condition. He explained his intention was to build a 6 to 8,000 square foot building of which 2,000 square feet would be showroom area and the remainder a service facility. The outside area would be customer parking ]or in front and there would be.brokerage boat display on a limited basis on the west end Of the lot, etc. He has not spent dollars to come up with an artist's concept and layout for that piece of .property; he felt he had to get a feel for what the Commission was thinking of this being in downtown Mound and whether or not it's going.to.have a posi- tive or negative effect on the City. He stated what his request comes down to is that they want to'.purchase some property and build a building. Their first estimate of costs is for a couple of hundred thousand dollars plus improvements on the property. He wants to see i'f they can end up molding that into what"you folks feel you want on that piece of property. The Commissioners had' various questions on Pauly's advertisement hand out, what he would bp doin~ with the marina, whether City would, incur costs as benefits of the'redevelopment for relocating this operation, opening the business without getting permits, etc. Pauly explained that Martin's had been sold'and he is negotiating to lease the property; he mentioned that some of what you read on the handout is their perception of what is to be once lease is signed; but he doesn't know if what is there is now going to happen. He stated the marina would be operated just as Dick Martin operated it; he ha~ no intention of adding anything to that property. He wants to build a large service facility away from the marina, He explained that early in April he had to find, move and get off the street 7 to 9 people. That is when he received the letter from the City Manager asking what was going on. Pauly stated he would waive any benefit he might have by being granted a conditional use permit for the building he's in due to the redevelopment of the area. This building was available and the business pressure was there. The Chair advised the Commission the application tonight was for 5542 ~ynwood Boulevard and only that site would be acted upon. The Commission discussed what other possible space might be available, what. traffic involved from present location, fact that no permits were applied for before occupying the' buildi.ng and putti.ng up the sign. The Chair opened the public hearing and the following persons had comments: TODD YI.LEK., 486l Edgewater Drive, stated people not officially notified of the hearing and he was concerned that City streets were blocked by boat moving. He thinks of Mound as a quiet place to live; boat works not nearest places. Planning Commission Minutes May 6, 1985 - Page 4 NElL FROEMING, 4866 Edgewater - Concerned that in'a year or two, he'll ~'nd'6 way to expand the boat traffic, etc. at Martin and 5on's marina. BILL CLARK stated he runs a quiet unsightly business across the street from the Blue Lagoon Marina. He likes to see'people put their own money into a business as proposed by the applicant. just TODD YILEK asked if this decision/going to be on the current area; if he wants to put another business in~ Isfgoingtohave to reapply to go through the same procedures? This isn't going to decide whethe£ he can build east of here? It's just to rent and operate this place until'August? The Chair confirmed that this is all we can decide on at this point; and all we can do is make a recommendation to the Council.and anything he may want to do beyond that, we will have to look at again. It is more of a concept at this point. He has an operation there in place and that is one issue, but what we address on that place, will ]et him what we think of his concept.for the prop- erty to the east, CHERRYL LIEBRA, 4855 Edgewater Drive, questioned a statement made'that if Pauly got okay tonight, he'd have to start building immediately on site to the east; and so in other words, you are okaying that for him! Chair responded that we can't okay that; we have nothing in front of us to okay. He's going to have to get son'body in his employ to come up with dra~ing of the whole thing. It was stated he could not get a buildin~ permit overnight. NO one else had commedts or questions. The Chair then closed the public hearing'. Pauly reviewed his actions prior to the previously.scheduled hearing (Martin and Son Marina) including trying to rent space from Balboa. He has been working out of Chaska'facility, but it is just too far away. He would love to be able to do something in dowhtown area. The Commission discussed traffic that might be generated by boat sales area; Pauly will act.as broker and having I single boat line which would have 4 speci- fic models - feels that you can control that with a conditional use. Also discussed other services offered and whether or not that. would be considered major or minor as defined. Pauly felt that reason for distinction was to keep from having a yard full of ca.rs with hoods on and no engines while they were worked on separately. Boa't on boat trailer doesn't end up looking any different than it does with or without an engine or whatever. Pauly stated his proposed operation is going to be a building with boats parked outside, have car parking lots and fences around it, have brokerage stuff and next to it the repair stuff; if Commission doesn't want that on that piece of property, they'll go elsewhere. He's not going to ram something through as he has backup facilities in Chaska. Main question is whether or not this type of business is going to be what is wanted in that part of Mound. Discussed. Reese stated he's been listening to all this, has been a customer of Mr. Pauly's and he likes Mr. Clark's statement about getting private money into this thing, thinks this could be drawn up so we wouldn't have another Century Auto Body, etc. and thinks its more minor tha~ major, Reese moved a motion to determi.ne it to be minor. Byrnes seconded the motion. Planning Commission Minutes May 6, 1985 - Page 5 Byrnes believes we need a good strong, solid busi.ness and that the traffic will bring business we need into downtown. '. Meyer has no.problem with the short term deal; but is against what will be happening - seeing and hearing this as a package tied in with the marina as well. Pauly asked for a feel for whether or not he should go forward with the expense, the plans and all the necessary things to come up with a decent plan and layoutL for east piece of property. After further discussion on the pros and cons,..Vargo cai)ed the question: The vote on whether to call the question was Weiland, K. Smith and Michael against; all others in favor.(6 in favor) Question was called. The vote on the motion to recognize this boat repair is determined to be minor. was: W~iland, K. Smith and Michael against; all others in favor. Motion~ carried 6 to 3. Ken Smith moved and Weiland seconded a motion to deny the app)ication for conditional ~use at 5542 Lynwood Boulevard. The ro]~] cai) v~te was: Ken Smith, Weiland and Jensen in favor; all others against. Motion failed by a 6 to 3 vote. _Vargo moved.and Reese seconded a motion to recommend approval of condi~.ional use ...for the business to operate in the Bickman Building until August 1, )985. The vote on the motion was Wei)and and Jensen against; all others in favor. Motion carried. Weiland stated his biggest opposition is the way he handled it; he thinks he handled it completely wrong; he's been in business long enough to know the right way. Pauly stated that he will, from the information given him tonight, formally apply for and bring forward plans. Ken Smith stated he didn't fee] that was an operation that was going to fit and the way he voted gave that signal. Jensen, Meyer and Weiland do not feel it is in best interest of town. Reese feels that working with Mark and Jan we .could put together a piece of property there that would be a credit. He also pointed out that it faces the back of the shopping center. Case No. 85-424 Lot Split Subdivision of property at 4339 Wiishire Boqlevard Metes & Bounds Description, Part of First Re-arrangement of Phelps' Island Park 1st Divi~sion and part of Phelps' Island Park, 1st Division John Schlute~ was present. The Planner, Mark Koeg)er, reviewed the report stating layout he proposed with removal of patio would meet setback provisions of ordinance with exception of boathouse which is ) foot off property line. Staff would recommend approvall of the waiver and subdivision based on the condition outlined in repot?. The boathouse is actually 3 wall structure built into side of hill with a patio deck on top of it. It can be moved or dismantled. May 29, 1985 CITY of MOUND 53~1 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Steve Pauly Blue Lagoon Marina 5542 Lynwood Blvd. Mound, MN. 55364 D~ar Steve, The situation at the Blue Lagoon is becoming increasingly less than ideal. I expect the hearing on June llth to be one of the most difficult we have had in some time. At this point I would guess your chances are,:at'best, 50-50 for approval on Lyn~ood Blvd. and a good deal less on the Martin & Son property. The problems and the reactions are all ones that you have created. By asking first, you could have avoided mOst of the concerns, if you.had followed our advice. Let's start with the signs. None of it is approved.~ You called last week about putting up a sign on County Road 15. ! said it was O.K. assuming it was the same size as the Martin & Son sign. It was not, it is larger. In addition, you listed on the sign a list of services the site is not approved for, thus today I am removing your sign and will bring i{ back to you. It cannot be replaced until the use permit is applied for. I clearly violated my own ordinance in allowing it to go up in the first place. The sign you put up on the lake was never even discussed and unless it is immediately removed, you will be ticketed as a violation of our sign ordinance requirements. This is a good example of taking advantage of the City and me, I think. Another was the proposal to try to install a new gas tank. To go from 250 gallons to a 10,000 gallon tank is a major change. That will not only require City approval, but Watershed approval as well. To not call that a change, as your attorney suggested, is not very accurate. The boat storage you have in front of the duplexes violate LMCD codes and permits, i.e. they are on)y for those residential units. The Conditional Use Permit covering the parking lot at the Marina, very clearly states that all boats shall be removed within one week of ice-out, regularly though boats have been parked there. IEILL J. GRATHWOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JAMES M. VENTURA PATRICK W. PARMATEr JACK N EVEAUX GRATHWOL, OBERHAUSER 8:: RANDALL, LTD. ATTORNEYS AND COUNSELORS AT LA W 1421 E. waYZAta BOULEVARD - SUITE 210 WAYZATA, MINNESOta 55391 June 4, 1985 (612) 475-2401 Of COUNSEL DOUGLAS E. KLINT Mr. John Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Marina property at 4850 Edgewater Drive Dear Mr. Elam: I am in receipt of a copy of your letter to 'Steve Pauly dated May 29, 1984 concerning his operatio.n of Blue Lagoon Marina at the above location. I represent Mr. Paul Scherber~ who recently purchased this Marina from Dick Martin. Mr. Pauly is operating the Marina .under a lease with Mr. Scherber. ~hen Mr. Scherber purchased this Marina, we were advised that the property is zoned con~ercial (General Business B-2) and that a conditional use permit had been issued by the City- for the Marina in 1975. Moreover, we were also advised that the Marip~ had been located at this site for many years and that there had been no problems with the City concerning its operation. Many of the neighbors have built in the area in recent years with full knowledge of the existence of the Marina and its con~nercial zone. Mr. Scherber does not intend to tear d°wn or construct any buildings on this site or change the Marina operation. Mr. Martin's operation of the Marina included marine sales, boat rental, boat sales, launch ramp, slip rental, service, and gas sales. As recently as last weekend Mr. Martin, who still lives on the property, was of the opinion that there has been no change in the operation of the Marina since he sold .it. I would like to address the concerns you raise in your letter to Mr. Pauly. Regarding the signs, I understand that Mr. Pauly did ask for and receive your approval and a variance for the sign on County Road 15. I cannot respond to the size issue other than Mr. Pauly assumed they were substantially the same size. You also indicated that the sign listed services not approved for, ~. Jon Elam page 2 and I believe that you are referring to fuel sales. Gasoline has always been kept on the Marina property and has been used for the rental boats as will as sold to the public. Originally there were two tanks with a cc~bined capacity of 600 gallons which were replaced by the existing tank which has a capacity of 500 gallons. Sale of gasoline is an important part of any marina operation and Mr. Scherber will continue to dispense fuel frc~ this location, in the same tradition as the prior owners. Concerning our request for a building permit to install a new underground gasoline tank, this will not change the use of the property. This was my statement that you alluded to in your letter, and it is accurate. Your concern seems to be centered on the fact that the tank will be increased from 500 gallons to 10,000 gallons. This does not go to the issue of use, but rather h°w often the tank must be filled. It is not economically feasible to go to the trouble and expense of putting a gasoline tank underground with only a 500 gallon capacity. The boat storage problems have been corrected. I met with Mr. Mixa of the IMCD and received a copy of their order which sets forth the requirements for use of the dock in front of the duplex. No one was aware of these restrictions and Mr. Pauly has assured us that he will follow these requirements. Regarding your statements concerning parking along Edgewater Drive and use of County Road 15, ~r. Pauly has advised me that he has never parked his vehicles or boats on Edgewater Drive. Several neighbors routinely use Edgewater Drive for parking and the one time a call came in concerning parking, the vehicle parked on the street was an excavation truck which had no relationship to the Marina. In any event, parking is permitted on Edgewater Drive, so I don't see the issue. Mr. Pauly does use County Road 15 to cc~ute between his two operations, although I can't believe that the City would ever consider prohibiting him from using Edgewater Drive, a public street. I would also like to point out that the boats for sale on the Marina property are Mr. Pauly's own boats and he is doing nothing more than many other Mound residents who advertise their own boats for sale on their property. The rewing of the engine you referred to in your letter occurred durirg an oil change on a high performance boat. Every effort will be made to minimize ~this in the future. No boats from the MarLn~ have been roaring around the Bay. This whole area is a closed throttle zone and will be respected by all Marina Personnel .' In conclusion, it is apparent that many concerns were raised hr. J0n Elam Page 3 when Mr. Pauly first approached the neighbors and the City as a potential purchaser of this property with his plans for new buildings, etc. Mr. Pauly did not buy the Marina and Mr. Scherber does not intend to change the Marina. His only plan is to put a gasoline tank underground which would be a benefit to all concerned. Mr. Scherber will respect all City ordances in the operation of this Marina, but will not be subject to a witch hunt instigated by a few vocal neighbors. I would hope that the City would put all these issues in perspective when dealing with questions concerning the Marina. Attorney at law 5211 Eden Road P.O, 80x 124 MARINE COV£R/e ~,~,,,,_~__ 'J"'~ .... ':': o12/472. 7800 ERS AND INTERIORS June I0, 198.5 Blue Lagoon ~arina 5~42 Lynwood Blvd. Dear Steve and Suzi: it is great having You doing business in ~OUnd. ~ith Tonka Toys moving out of town, this City has lost alot. ~e need to help with unemployment and bUSinesses like yours th~w business the Other businesses in ~OUnd. help all Our business has grown also because of your business, so just want to let you knov we need your business as well as Others do to. HOpe you do well!sa Best Wishes, MARINA AUTO SUPPLY BOX 184 MOUND. MN. 55364 471-8569 June 10,1985 To; Cit~ o£ Mound Council, '~'~e, being Big A Auto Parts (Marina Auto Supply Inc) feel that Blue Lagoon Marina is a great asset to the City o£ Mound. With Tonka Toys !eavin~ the area, we need new business such as thi's to help our economy grow back to the level that it once was. Steve ~aul~ and his people came to this area with a tremendous reputation in the Marine business and are good honest and very hard working people trying to render a much needed service to our area. Lets help them to stay in business to help all o£ us grow in the Mound area. Marina Auto Supply Inc. t~cj§g- ~Lt~IZ:L 9 :auoqd 'NI/~I 'ONI"IOV~I "(:]l::t $1:tO.LIC]~V / ':)NI '=I31AI:I:tSIS=I'IYS )1:30(:] wv^)i::)O~l wol Displaying the Finest in Sporting Goods 2271 COMMERCE BLVD. MOUND, MN S5364. PHONE: (612) 472-2523 2250 Commerce Blvd. MOUND, MINNESOTA 55364 Phone: 472-1819 June 7, 1985 Mr. Steve Pauly Blue Lagoon Marina 4850 'Edgewater Drive Mound, ~ 55364 Dear Steve: You've asked me to write this letter to help you in your desire to become a very viable part of our Mound business conmmmmity. Needless to say, any business that brings in people from outside our area is vital to the success of all of us. Since you have renovated the Tonka garage and have been an extremely good partron of our store, I hope that I can help in any way possible to keep your operation in our I 'ye found y~u to .be the type of businessman that Mour~ needs... Enthusiastic, knowledgeable and adequately financed to operate your boat service and sales operation which can bring in needed tax revenues Since we lost our neighbor and the anchor re~41 store in the downtown Mound area, you have created a very positive response frcxn our custc~_rs about your operation. Your periodic parking of boats in the parking area that used to be Super Valu b~, I'm sure, attracted customers to our store. Thanks, again, for patronizing our store...I'm certain the minor changes which will be required on your part to conform to our city governments requirements will pay-off for you ar~ all of the Mour~ Mound needs you. DE/a RESOLUTION NO. 85 - ~[$0LUTION TO CONCURWITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR STEVE PAULY AT THE RAILROAD PROPERTY AT THE EAST ENTRANCE TO MOUND ON THE NORTH SIDE OF SHORELINE BOULEVARD, FID # 13-117-24 44 0088 WHEREAS, the applicant,.Steve PaulylL Manager of the Blue Lagoon Marina has requested a 4 foot by 8 foot ~advertisin~,sig~tto replace the Martin & Sons existing 4 foot by 8 foot sign on the Railroad Property at the east entrance to Mound on the' north side of Shoreline Boulevard; and WHEREAS, said sign would be erected as a free standing sign that would be lotated east of Sandy Road and on the north side of Shoreline Boulevard on the Railroad Property and the request is for a 32 square foot sign as shown on Exhibit "A"; and WHEREAS, said. sign would identify the location of the Blue Lagoon Marina located at 4850 Edgewater Drive; and WHEREAS, the Planning Commission has reviewed the request for the 32 square foot sign and does recommend the sign be reduced to a directional sign only with "Blue Lagoon Marina"and an arrow; size to be a maximum of 16 squ~re 'feet with a maximum df 8 feet in any dimension. NOW, tHEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL :OF THE CITY OF MOUND, MINNESOTA, ~oe~ hereby approve the sign variance for a free standin~ ~advertising~sign a maximum of 16 square feet in size with a maximum length of ~ feet to be located as requested on the Railroad Property north of Shoreline Boulevard and to the east of Sandy Road for direction~purposes~J~, CASE NO. 85-425 CITY OF MOUND Mound, Minnesota Planning Commission Agenda of June 10, 1985: Board of Appeals Case No. 85-425' Location: Railroad Property across the street from Mobil; north side of Shoreline Boulevard Legal Desc.: Unknown Request: Sign Variance Zoning District: B-2 Applicant Steve Pauly 4850 Edgewater Drive Mound, MN. 55364 Phone: 472-7307 The applicant is requesting a 4 by 8 foot "Advertising Sign" to replace Martin and Son's existing 4 X 8 foot+ sign on the Railroad Property at the east entrance to Mound on the north side of Shoreline Boulevard. He has not submitted any rail- road agreement allowing any placement on their property to date. The~new Sign Ordinance No. 473, Section 55.38 of the City Code defines "Advertising Signs" as, 2.02(1), "A sign selling or promoting a business, commodity or service which is not located Or performed on the premises on which the sign is located." Subdivision 3, Section 3.O2, entitled "General Provisions Applicable in All Districts" states "Free standing advertising signs are prohibited in all districts except as governed by Subd. 3.O9 of this ordinance" which are provisions for real estate and seasonal signs. Comments: Section 1105 states that variance may be granted only if the variance does not adversely affect the spirit or intent of the sign ordinance. Section 1'.06 discusses existing non-conforming signs and states'that any sign shall not be rebuilt, altered, or relocated without being brought into conformance with the requirements of this ordinanceo~ Possibly, the Planning Commission may want to consider a smaller directional type sign for this location, such as Blue Lagoon Marina with a directional arrow. Recommendation: Staff feels the present sign installed 4 foot by l0 foot size is too large with unnecessary printing (service, parts, storage, fuel, brokerage, rentals) for the approved use of the property. The railroad agreement should be on file with the City. Possibly a smaller 3 X 4 foot directional sign with Blue Lagoon Marina and arrow would be sufficient. Post Script: Mr. Pauly has placed a wall mounted lakeshore sign on the property which requires a conditional use permit under Section 4.05. No notices were mailed regarding this request. Jan Bertrand Building Official JB/ms MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING June 10, 1985 Present were: Vice Chairman Thomas Reese; Commissioners Robert Byrnes, William Meyer, Geoff Michael, Ken Smith and Frank Weiland; Council Representative Steve Smith; City Manager JOn Elam; City Planner Mark Koegler; Building Official Jan Bertrand and Secretary Marjorie St-tsman. Chair Elizabeth densen was absent and excused; Commissioner Michael Vargo was also absent. Also present were the following interested persons: James Bedell, Rick Ahmann, Dolores Maas, Sally Uner, Steve Pauly, Suzanne Pauly and Mr. and Mrs. Harold R. Van Zanten. MINUTES The minutes of the Planning Commission meeting of May 20, 1985 were presented for consideration. Weiland moved and Ken Smith seconded a motion to approve the minutes of the May 20, 1985 Planning Commission meeting as published. The vote was unanimously in favor. Motion carried. BOARD OF APPEALS 1. 'Case No. 85-'425 Sign Variance - Proposed sign to replace sign on Railroad Property (PID # 13-117-24 44 0088) across the street from the Mobil Station on north side of Shoreline Boulevard. Steve Pauly was present. Mr. Pauly explained the application before you is'for the replacement of the Martin & Son sign on Shoreline.Boulevard across from the Veterinarian Clinic. Since the time of application, he found t~at the verbage, they put on the sign is in conflict with the ordinance and stated he'd have to strike some of the words out and make it a sign with an arrow pointing in the direction of the Marina. The Building Official e~plained that the recently passed sign ordinance defines advertising signs as a sign 'lselling or promoting a busi. ness, commodity or service which is not located or performed on the premises on which the sign is located" and under General Provisions applicable to all districts, those types of signs are prohibited (Sections 2.02 and 3.02). She stated staff's recom- mendation is for a smaller sign and more of a type of directional sign which is consistent with the sign ordinance. Weiland commented he felt it should be tabled until Railroad approval was re- ceived for the sign. Pauly stated the Railroad is deluged with requests and they are tak'ing forever to get to all of them. The Commission discussed the sign proposal and it was thought that the Railroad issue was separate from the City's; that the Marina did need a directional sign as business can'not be seen from County Road 15; also discussed other directional signs in City. Ken Smith moved and Byrnes seconded a motion to accept the staff's recommenda- tion for smaller directional sign not to exceed 16 square feet with a maximum length of 8 feet. Reason this is done is because it is unique property not reasonably seen from the highway. The vote was Weiland opposed; all others in favor. Motion carried. Pauly questioned changing the existing signage on the property from Martin & Son to Blue Lagoon Marina. Pauly is leasing whole parcel from Scherber. Building Official stated street signage could be 15~ of front of building and they could come in and get permit for that. Lakeside signage does require a conditional use permit. ~ c-, .- i Case No. CITY OF' MOUND Fee Pa i d Date Filed APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Street Address of Property ~C.~ ~4~¢~ A~ Legal Description of Property: Lot /x~)~_ P,~--' f'~" O/~-r'~.--"~ Block Addition Applicant (if other than owner): Name PID No. 7r '7207 Day Phone No. Address Type of Request: Variance ( ) Conditional Use Permit Zoning Interpretation & Review Wetland Permit ( ) P.U.D. ( ) Amendment (~) Sign Permit ( )*Other *If other, specify: ' ;ent Zoning District ' Existing Use(s) of Property .~~~ Has an 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, acti/o~a~l~n andO~fiovide 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 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 required by law. Signature of Appli Da Planning Commission Recommendation: To acc~pt the staff's recommendation for smaller directional sign not to exceed 16 square feet with a maximum length of 8 feet. 6-10-85 Date 1 Action: Resolutio~ No. Date 6-11~85 4182 Street Numbei~J LOT BLOCK APPLICATION .FOR SIGN PERMIT CITY OF MOUND PLAT PARCEL PID # WALL AREA 'PHONE NO. City ADDITION Zip BY' .. .FT. = TOTAL ' (NUMBER OF SIGNS ..... 'ZONING EXISTING SlGNAGE - 'SQ. FOOTAGE/ OF~SlGNS'' PLEASE DESCRIBE REQUEST ~~,_Q ~ k~:~~-~ AND REASON FOR REQUEST _ HEIGHT OF SIGN SLGN SIZE BEING REQUESTED LENGTH OF TIME SIGN TO BE ERECTED: PERMANENT ~ TEMPORARY (Temporary si9n not to be for period in excess of two months) TYPE OF SIGN: WALL MOUNT FREE STANDI N~ PORTABLE OTHER Does it conform to al~ setback and other' requirements relating to the Zoning Ordinance? for a community organization and does it meet a11 the standards,of-Section 55.38. If additional information is attached, please 'submit 8½" X 11" maximum sized drawlngs.. Recommenda t i on: ~----':~~~, ..~ ~licant~s ~ App'roved: City Manager ,! NORTHERN. RD 5 PROPOSED RESOLUTION CASE NO. 85-425 RESOLUTION NO. 85 - RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR STEVE PAULY AT THE RAILROAD PROPERTY AT THE EAST ENTRANCE TO MOUND ON THE NORTH SIDE OF SHORELINE BOULEVARD, PID # 13-117-24 44 0088 WHEREAS, the applicant,~ Steve Pauly, Manager of the Blue Lagoon Marina has requested a 4 foot by 8 foot tadvertising~ sig~to replace the Martin & Sons existing 4 foot by 8 foot sign on the Railroad Property at the east entrance to Mound on the north side of Shoreline Boulevard; and WHEREAS, said sign would be erected as a free standing sign that would be lo~ated east of Sandy Road and on the north side of Shoreline Boulevard on the Railroad Property and the request is for a 32 square foot sign as shown on Exhibit "A"; and WHEREAS, said. sign would identify the location of the Blue Lagoon Marina located at 4850 Edgewater Drive; and WHEREAS, the Planning Commission has reviewed the request for the 32 square foot sign and does recommend the sign be reduced to a directional sign only with "Blue Lagoon Marina"and an arrow; size to be a maximum of 16 squ~re 'feet with a maximum df 8 feet in any dimension. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ~OF THE CITY OF MOUND, MINNESOTA, does hereby approve the sign variance for a free standing ~advertising] sign~a maximum of 16 square feet in size with a maximum length of 8 feet to be located as requested on the Railroad ProEerty north of Shoreline Boulevard and to the east of Sandy Road for direction~'purposes..~.~.~. Page Z Mr. Steve Pauly May 29, 1985 Finally, I have asked the Police Dept. to monitor the parking of your boats and trucks along Edgewater Drive. That is a very narrow street and I would have thought you would have used County Road 15 to drive between the two sites, but it looks like you.are primarily using Edgewater Drive. I am sure a requirement,, if a permit is given, will be to restrict your. us6.to the County Road. The use of Martin &'Son as a boat demonstration and sales area is a violation. The neighbors feel very strongly .and I agree, that to have high powered boats revving up their engines and then roaring around the Bay is a major new nuisance, and one that will be fought very strenuously by the neighbors. It does seem to me that your whole project is causing some major problems and I am not sure how to resolve them. I do th.ink a good starter would be for you to bring everything back into conformance to where i'~'was with Martin & Son~ Also please see that the downtown site is kept totally within the property rather than having boats parking everywhere. I realize this letter will frustrate you, but a situation has been created which before it'is done will be frustrating to everyone involved. Sincerely, City Manager JE:fc CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER THE ISSUANCE.OF "OFF SALE BEER LICENSE" NOTICE IS HEREBY GIVEN that on Tuesday, June 11, 1985, at 7:30 P.M. at the. City Hall, 5341Maywood Road, Mound, Minnesota, the City Council will hold a public hearing to consider the issuance of an "Off Sale Beer License" to Christine Malik Brickley and William Scott Brickley, DBA Mound Superette, 2222 Commerce Blvd., Mound, Minnesota, described as: Com at a pt 33 ft E and 164 ft S of the NW corner of the SW l&4 of the SW l&4 th E 108 5&lO ft th NWly 50 15&lOO ft to a pt 138 44&1OO ft E of W line of sec 'th W 105 44&1OO ft th S to beg'ex road, Unplatted 13 117 24 PID Number 13-117-24 33 OOO1 All persons appearing at said bearing'will be given.the opportunity to be heard. Francene C. Clark, City Clerk Publish in The Laker May 20,1985 Annual Fee $200.00 ON SALE $25.00 OFF SALE (Owner/Manager) Company Address: CITY OF MOUND 5341 Maywood Road .Mound, Minnesota 55364 APPLICATION FOR LICENSE TO SELL NON-INTOXICATING MALT LIQUOR (First) (Middle) Applicant Date of Birth: 0~,2~.~ Citizen: ~'f~S "' Home Address: Home Telephone NO.: ~-~9~ ~o~ial ~ompany Na~: ' through 0 of the f0_l l_0. w i.~g. year. : .... : ,'":'~ '.-i i .... , · ,- ., . i' : r i! ;': NAR-8t985 1C4'i"Y OF Origlnal: X Renewal: (Last) Company Officials: 1.. 'Company Telephone No.: g7~:~.5~ (First) (Middle) (First) (Middle) (First) (Middle) Type of Bus i ness ~ l ~ ~ O('-Z°-(2x~ ~'h'~ ~'(~ References: (L~st three - name and address'of each) Indicate whether you sold vious year: Yes: zi'p:SS3 y · (Date of Birth) (Date of Birth) (Last) (Date of Birth) $10,OOO or more of non-intoxicating malt liquor or wine in hre- No: ~' All S~fetg'(Mir~n~"Stat., Sec. 340.11, Subd. 21). :TIOI~ 32.03. A~pp]_~ca~ion '£or L~cens~. A~-'app~'~attons ~O~fi~-~6e~se to se~ non-~to~ca:tng malt ~iquor' sha~ ~e made on $o~s to supp~ed ~ the GIt7 sett[n~ ~or:h the oame o: the person asking soc~ ~cense~ ~s age~ representa:~ons as to ~[s chara'cte~ ~ such ~e~ere~ces as ma7 ~e re~o[re&~ h~s c[t[~ensh~p~ t~e [ocat~o~ ~ere soch ~us~nes~ ~s ~o ~ carr~e~ on~ ~hether suc~ application ~s ~or "on sale" or "off sales"~ the ~u~ines~ ~n co~ection ~th ~ich the propose& ~se ~ operate~ whether applicant is o~er and o~rator of such the time such applicant has been ~ that business st that plac% and such other i~o~atioa as the gove~g bod~ may reqoi~ from %~e %o %~e. It sha~ ~ u~a%~ %o make a false statemen% ~ an application. "- applicants are to file a copy of the pToof of insurance ~ith (he Com~issi'oner of'Public. Department Approval/Denial (Submit memo if denied) Approved Denied Police Dept. Administrative Street Dept. Bldg. Dept. Fire Dept. Water & Sewer N O?ICl~. Pursuant to Laws of Minnesota, 1984, Chapter 502, Article 8, Section 2 (270.72) (Tax Clearance; Issuance of Licenses), the licensing authority is. required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification num- ber and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this infor- mation: / This information may be used to deny the .issuance or renewal of your license in the event you owe Minnesota sales, employer's withholding or motor vehicle excise taxes; Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service; FA[LURE TO SUPPLY THIS INFORMATION MAY JEOPARDIZE OR DELAY THE PROCESSING O1~ YOUR LICENSE ISSUANCE OR RENEWAL APPLICATION. Please supply the following information and return along with your application to the licensing authority; , pplicant's Last Name ppplieant's Address J First ]qame Middle Initial Oity, State, Zip Code I I City, State, Zip ~ode Applicant's Social Security No. Business ~ame Business Address Minnesota Tax Identification Number Signature ? V ~" D~te Date of applic~t~n Annual Fee: ~,~.~ -, - License-Period:~,. 3-1-85-to ' -" '~ ' 2'28 CITY OF MOUND 1'-7 , CIGARETT[ LIC£NSE APPLICATION ;. - !,' (Print or type only) i'-' Jo,oO ~T' ~ (First). lei Applicant Date of Birth: (~)(~'~)" ~ Drivers Lic. NO.: Home Phone Number: V'7~' ~7~'?~) Social Security Number:~O- ~ -~~ Company Name: ~~ ~ (~ ~_.~ Company Telephone Number: ~ Company Address: ~~ 2~~OfC~ ~]g~ City: ~~ Zip: (First) (Middle) (~) / (Date of Birth) (First) (Middle) ( (Date of Birth) Kind of Business: ~~.tl ~VO(~ ~ I 3ffice Use Only of Ordinances, City of Mound, Minnesota Department Approval/De~ial August, 1960 Submit memo if denied) Chapter 37 - Licensing and Regulation of Certain Sales Part A Cigarettes, Cigarette Wrappers, Cigars, Pipe ~proval' ~nia' Tobacco, Cigarette Tobacco, Snuff, Chewing Tobacco 'olice Dept. Section 37.04 Restrictions No such license shall be issued except ~ kdministrative to a person of good moral character. No license shall be issued to any applicant at any place other than his established place of Street Dept. business. No license shall be issued for a vending machine for the ldo. lnsp. vending of cigarettes, cigarette wrappers, cigar, pipe or cigarette tobacco, snuff or chewing tobacco, except that such vending machine ark Dept. be located in such place where persons under the age of 18 years aresewer/Water prohibited from entering. No person, except a bona fide and duly Dept. licensed and registered pharmacist or physician shall keep for sale sel) or dispose of in any form any opium, ~rphine, jimson weed, Fire Dept. 'bella donna, strychnia, cocoaine, marijuana, or any deleterious or .... po'sonous drug except nicotine~~~~ ~~~ . ~nature Of Appl leant CITY OF MOUND NOTICE OF PUBLIC HEARING YEAR X URBAN HENNEPIN COUNTY CDBG PROGRAM NOTICE is hereby given that Hennepin County and the City of Mound, pursuant to Title I of the Housing & Community ~evelopment Act of 1974, hereby wishes to obtain views of any interested citizen regarding the proposed reallocation of funds between the Tonka Plan Reuse (Project #754) and a new proposed project Downtown Beautification. The total funds proposed to be transferred are $10,OOO.OO. ~ The proposed hearing will be held on June 11, 1985, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, Mound, MN. For additional information on proposed activities, contact the. City of Mound, 5341Maywood Road, Mound, MN. 55364, 472-1155. This public hearing is being held in accord with the Urban Hennepin County CDBG Rules pursuant to M.S. 471.59. Francene C. Clark, City Clerk-- Publish in The Laker May 28, 1985 i$?/ HENN DATE: TO: FROM: SUBJECT: May 9, 1985 Files , Larry Blackstad MOUND DOWNTOWN DEVELOPMENT TREE PLANNING/ ELIGIBILITY - FUNDABILITY Pursuant to a request from the City of Mound to reprogram available CDBG funds for the planting of trees in the downtown redevelopment area, the writer contacted Louise Gerber of the Minneapolis Area HUD Office for a determination of the project's fundability and eligibility~ Fundability: The project was determined to be fundable pursuant to 24 CFR 507.901 (2)(B), in that the original analysis which lead to HUD's approval of downtown Mound as a slum/blight qualified area, identified the lack of and need for public improvement to enhance the downtown as a factor contributing to the deterioration of the area. The planting of trees on public property in downtown is an activity designed to upgrade and update the area consistent with HUD's test for qualifying activities. Eligibility: The project was determined to be eligible pursuant to 24 CFR 570.201(c) - Public Facilities and Improvements. mlg Z IL! ~0 McCOMBS-KNUTSON AS 'OCIATES, INC. Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Hay 2, 1985 Widmer Brothers, Inc. P.O. Box 218 Spring Park, HN 55384 SUBJECT: City of Hound Proposed Storm Sewer Cambridge to Lake, Block 35 File #6693 Dear Tony: Enclosed is a drawing and proposal for replacing a section of e~isting storm sewer which is shaded in red on the drawing. The working conditions on this are very tight, therefore I would suggest you visit the site before submitting a proposal. We will not allow any trees to be removed except for the dead maple at the outlet. It also appears a section of fence will have to be removed and then replaced after the pipe is installed. This will be incidental to the project as well as removing the existing C.M.P. This project does not have a critical completion schedule, so it could be used as a fill in job when your crew has an unscheduled day. Please complete the bid proposal and submit it to this Office no later than Hay 10, 1985. If you have any questions, please contact me. Very truly yours, NcCONBS-KNUTSON ASSOCIATES, INC. OC:cah cc: ,3on Elam 3ohn Cameron print~l on recvclcd p;,pc.r BID RROPOSAL City of Mound Cambridge Road Storm Sewer ITEN - 12" P.V.C. Storm Sewer 12" P.V.C. - 7-1/20 Bend 12" C.M.P. Apron Rip Rap (Hand Rlaced) Restoration (Including 4" Black D~rt and Sod) QUANTITY UNIT PRICE 140 L.F. $_~.~/LF 2 EACH $ ~')~'/EA 1 EACH $ ~ ~EA LUMP SLI~I $ TOTAL TOTAL BID $ McCeMBS-KNUTSON A I CIATE$ I C. 12800 Industri,~l Park Blvd. PLYMOUTH, MN 55441 (612) 559-3700 WE ARE SENDING YOU /El Attached [] Under separate cover via / [] Shop drawings [] Prints [] Plans [] Copy of letter [] Change order [] [] Samples .the following items: [] Specifications THESE ARE TRANSMITTED as checked below: [] For approval /~ For your use As requested [] For review and comment [] FOR BIDS DUE REMARKS [] Approved as submitted [] Approved as noted [] Returned for corrections 19 [] Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US COPY TO_ PRODUCT240-2 ~lnc., groton, Mas~. 0147I If enclosures are not as noted, kindly notify us a~ce. BID PROPOSAL City of Mound Cambridge Road Storm Sewer ITEN 12" P.V.C. Storm Sewer 12" P.V.C. - 7-1/2° Bend 12" C.M.P. Apron Rip Rap (Hand Placed) Restoration (Including 4" Black Dirt and Sod) QUANTITY 140 L.F. 2 EACH i EACH 2 C.Y. UNIT PRICE TOTAL $ 7~' ~ /EA $ /~'~) ~ $ /.~c~°--° /EA $ /3~"~ $ ~4p ~ /cY $ /~o ~ LUNP SUN $../9,~Z:) -- TOTAL BID ...................................................... $ 7~4)~. Oune 11, 1985 McCOMBS-KNUTSON ASSOCIATES, INC. Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Vern Veit Oellico, Inc. 1480 Westwood Drive Hinnetrista, HN 55364 Subject: City of~ound Lost Lake Addition #6383 Dear Hr. Veit: We are very concerned with procedures and quality of work being performed by your contractor doing the utility construction on Lost Lake Addition. He is not using procedures that are standards for the industry or as discussed in our meeting of 5/13/85, such as, setting grades for sewer installation with batter boards, laser or level. The use of a four foot carpenters level is not reliable enough to maintain constant grade required for sanitary sewer construction. In addition, there has been no significant compaction in the first three feet of backfill in the trenches. We wish to remind you of the following items contained in the development contract signed by yourself and Hr. Nelson. Item 3 - all work shall be subject to approval of the City Engineer. Item 4 - the Developer shall specifically instruct his engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. Item 8 - the Developer warrants all work required to be performed by it against poor material and facility workmanship for a period of one year after its completion and acceptance by the City. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. We as advisors for the City should not be dictating to your contractor how to perform his job. This should be the responsibility of yourself or your engineer. We will advise the City not to accept the completed project if any tests fail or if in our opinion the work is unsatisfactory. prir~ted on recycled paper Vern Veit June 11, 1985 Page Two US. If you have any questions or wish to discuss this matter, please contact Sincerely, ~cCOMBS-KNUTSON ASSOCIATES, Inc. OC:j CC: Oon Elam, Mound City ~anager Mark Gronberg, Coffin & Gronberg Gre9 Skinner, Mound ~ublic Works 3ohn Cameron McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS Il LAND SURVEYORS III PLANNERS Oune 11, 1985 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Vern Veit Oellico, Inc. 1480 Westwood Drive Minnetrista, HN 55364 Subject: City of Mound Lost Lake Addition #6383 Dear Mr. Veit: We are very concerned with procedures and quality of work being performed by your contractor doing the utility construction on Lost Lake Addition. He is not using procedures that are standards for the industry or as discussed in our meeting of 5/13/85, such as, setting grades for sewer installation with batter boards, laser or level. The use of a four foot carpenters level is not reliable enough to maintain constant grade required for sanitary sewer construction. In addition, there has been no significant compaction in the first three feet of backfill in the trenches. We wish to remind you of the following items contained in the development contract signed by yourself and Mr. Nelson. Item 3 - all work shall be subject to approval of the City Engineer. Item 4 - the Developer shall specifically instruct his engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. Item 8 - the Developer warrants all work required to be performed by it against poor material and facility workmanship for a period of one year after its completion and acceptance by the City. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. We as advisors for the City should not be dictating to your contractor how to perform his job. This should be the responsibility of yourself or your engineer. We will advise the City not to accept the completed project if any tests fail or if in our opinion the work is unsatisfactory, printed on recvcled paper Vern Veit Oune 11, 1985 Pa~e Two US. If you have any questions or wish to discuss this matter, please contact Sincerely, McCE~BS-KNUTSON ASSOCIATES, Inc. OC:j CC: Oon Elam, Mound City Manauer Mark Gronberg, Coffin & Gronberu Greu Skinner, Mound Public Works Oohn Cameron printed on recyc:iec~ [:~ape[ BID PROPOSAL City of Mound Cambridge Road Storm Sewer ITEM 12" P.V.C. Storm Sewer 12" P.V.C. - 7-1/2° Bend 12" C.M.P. Apron Rip Rap (Hand Placed) Restoration (Including 4" Black Dirt and Sod) QUANTITY UNIT PRICE 2 EACH $ _~'0,~ 0/EA i EACH 2 C.Y. $ ~0,0 0/C¥ LUMP SLN TOTAL BID ...................................................... TOTAL $ )dO,O 0 $ /00,00 $ /00, o0 $ }~0 o 0.0 $-,¢ L-,g ,~ O,.o 3 June 11, 19~5 RESOLUTION NO. 85- RESOLUTION RECONVEYING PORTIONS OF CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD SELL THESE LANDS TO THE CITX OF MOUND WHEREAS, the City of Mound requested conveyance to the City of certain tax forfeit lots in WHIPPLE, for wetlands; and WHEREAS, these lots were conveyed to the City in State Deed #153578, dated August 19, 1977; and WHEREAS, portions of these lots are above the wetlands elevation of 929.5 feet and can be used for access to Blocks 15 and 16, WHIPPLE. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, is hereby reconveying the following portions back to the State and requesting the County Board sell these portions to the City of Mound: Lots 2, 3, 4, 22, 23, & 24; all in Block 11, WHIPPLE, Hennepin County, Minnesota All that part of vacated Cobden Lane, 'Lot 1, Block 11, and Lots 13'thru 21, Block 10, WHIPPLE, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 1, Block 11; thence due East on an assumed bearing along the north line of said Lot 1, Block tl, a distance of 22.00 feet; thence S 41 degrees 59' 14" E a distance of 26.91 feet; thence S 44 degrees 03' 39" E a distance of 43.14 feet; thence S 50 degrees 21' 21" E a distance of 45.45 feet; thence S 51 degrees 20' 25" E a distance of 19.21 feet; thence S 50 degrees 28' 39" E a distance of 51.86 feet; thence S 68 degrees 11' 55" E a distance of 43.08 feet; thence S 80 degrees 04' 26" E a distance of 40.61 feet; thence N 75 degrees 57' 50" E a distance of 41.23 feet; thence N 78 degrees 41' 24" E a distance of 40.79 feet; thence due East a distance of 40.00 feet; thence S 47 degrees 43' 35" E a distance of 44.60 feet to the south line of said Lot 21, Block' 10; thence due West along the south line of said Block 10 and its westerly extension a distance of 353.00 feet to the southeast corner of Lot 24, Block 11, WHIPPLE; thence due North, along the east line of said Lot 24, Block 11, a distance of 80.00 feet to the south line of said Lot -1, Block 10; thence due West, along the south line of said Lot 1, Block 10, a distance of 40.00 feet to the June 11, 1985 southwest corner of said Lot 1, Block 10; thence due North, along the west line of said Lot 1, Block 10, a distance of 80.00 feet to the point of beginning. (SURVEY AND EXHIBIT MAP ATTACHED) The foregoing resolution was moved by Councilmember and seconded by Councilmember . The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest:' City Cl~rk s~aa4~ g ~o ~ ~aa4$ April 23, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Dennis Morris Tax'Forfeit Land Public Service Level Government Center Minneapolis, MN. 55487 Dear Dennis, The City appreciates you taking the time to try and help us solve a problem and get some'property back on the tax roles. As you know Mound is a very unique City with al.ot of unusual property problems. Island Park was platted in the early 19OO's and unfortunately it was done on paper and was not looked at by the people who pl~tted it. Thus, you have property platted in lots and blocks and the topography of the land was not considered. Then the Lake was raised and some of the platted land became wetlands or part of the Lake itself. Mr. Nell Weber owns 2 entire blocks (15 and 16, Whipple) which do not abut an improved City street so that are unbuildable as they stand now because our Zoning Ordinance requires property to abut an improved street and have a 50 foot frontage on that street to be buildable. Please refer to the maps attached as you read this letter. Gobden Lane is totally unimproved. 11 and is unimproved from there on. 14 and is unimproved from there on. and 'are too steep to allow access.) Drummond Road stops at the end of Block Windsor Road stops at the end of Block (Both Drummond and Windsor drop off In order to gain access to Blocks 15 and 16 from an improved street (Hanover Road), Mr. Weber needs to purchase Lots 2, 3, 4, 22~ 23, 24 and part of Lot 1, Block 11, Whipple and parts of Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21, Block 10, Whipple. He has had a survey done to indicate where the wetlands begin (See Exhibit "A"). He has applied for and the City Council has granted the vacation of the following unimproved streets: Windsor Lane (between Blocks 15 and 16),, Drummond Road (between Blocks 10 and 15), and Gobden Lane (between Blocks 10 and 11). (See Exhibit "B".) Page 2 Mr. Dennis Morris April 23, 1985 All of Block 10, Whipple and Lots 1, 2, 3, 4, 22, 23, 24, Block 11, Whipple are State owned land. Our request is that the County allow us to purchase Lots 2, 3, 4, 22, 23, 24, and part of Lot ~, Block 11, Whipple and parts of Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, Block 10, Whipple (See Exhibit "A" and legal description), for a price which the County Assessor feels is fair. We would then resell this land to Mr. Weber for the same price. Mr. Weber would then use this land for access to Block 15 and 16, replat those blocks and the vacated streets to make several buildable lots. Allowing us to do this would make the project conform with our Zoning Ordinance and constitute a sound and orderly development of the land. If we are not allowed to do this, we will not only still have the property in Blocks 10 and 11 off the tax roles, but we could also get Blocks.15 and 16 back as a tax forfeit parcel and loose that tax money also. The City realizes that the County policy has been'not to sell property to municipalities so that they can resell it and we understand the reasoning behind this. On the other .hand we are not trying to make money on.this resale, we are just trying to allow development of an otherwise'landlocked piece of property. Sincerely, Fran Clark City Clerk fc eric. cc: Nell Weber HENNEPIN DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center ~,,-~ Minneapolis, Minnesota 55487-0067 ~.~.~ May 23, 1985 Fran Clark City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Fran: Re: P.I.D.'s 25-117-24-12-0213 & 0214 I've received your letter concerning the sale of tax forfeited land to the City of Mound for the purpose of resale to Mr. Neil Weber. We see no problem in requesting the county board to approve this type of sale considering the circumstances you have described. However, there is going to be some work involved in order to arrive at that point. These lots are currently on a conveyance to the City of Mound. The city should reconvey those portions of the lots which it wants sold and also pass a city resolution authorizing the reconveyance and requesting the sale. Once we have received those we can proceed with the division of the property and request an appraisal from the county assessor. I will notify you when the appraisal is received and request that the city submit payment for the full amount of the sale price. At that point we would submit the request to the county board to approve the sale. When the approval is received we will order the state deed. At that point you would be in a position to arrange your sale to Mr. Weber. Enclosed are some applications for reconveyance of portions of forfeited lands which I recently discovered. They will be of more use to you than sitting in a drawer here. If you have any questions concerning the procedures I've outlined please call me at 348-5160. Sincerely, Dale G. Folstad. Director of Property Tax and Public Records Dennl s Morris Delinquent Tax & Forfeited Land Section Supervisor DGF:DM:ed Enclosure HENNEPIN COUNTY an equal oppodunity employer /371 BID PROPOSAL City of Hound Cambridge Road Storm Sewer ITE~ 12"'P.V.C. Storm Sewer 12" P.V.C. - ?-1/2° Bend 12" C.M.P. Apron Rip Rap (Hand Placed) QUANTITY UNIT PRICE TOTAL 140 L.F. $ 2 Z./, ~'.~'/LF $.~,/~ ~'Z./, ~.~ 2 EACH $ Restoration (Including 4" Black Dirt and Sod) LUMP SU~ $ Individual; Rartners~fip; Corporation ~on~: q/7~ - ~"/~'" DEPARTMENT OF TRANSPORTATION 320 Washlngfon Av. E~oufh Hopkins, Minnesota 55343-8468 935-3381 1-[Y935-6433 May 29, 1985 Mr. Jon Elam, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 VARIANCE HEARING CSAH 15 FROM CSAH 110 TO CSAH 19 COUNTY PROJECT 8024 SAP 27-615-13 Dear Mr. Elam: Hennepin County was notified that a variance hearing will be conducted on the above referenced project Friday, June 14, 1985, at 9:20 a.m. in Room 410A, State Transportation Building, John Ireland Boulevard, St. Paul, Minnesota. The Hennepin County Staff would appreciate your attendance at this hearing to lend us support in our endeavor to obtain a variance from the State Aid Standards. If you have any questions, please do not hesitate to call me. Sincerely, ~hi~e f°~s~nH~e~ E ' BMP: lar CC: Commissioner E. F. Robb, Jr. V. T. Genzlinger H. 0. Klossner B. M. Polaczyk HENNEPIN COUNTY an cquol opportunity employer March 21 ~ 1985 VIDEO MEDIA STAFF PERSON CITY OF MOUND II. · BUDGET A $5.50 per hour for staff person average 10 hours per weekr~'~'''~ B. Tapes - $7.00 - $10.00 per tape if the city wishes to retain original copy. Co Video Equipment - no charge to use Dow-Sat equipment or studio facilities in Mound, providing all usage is for programming on local access Channel 20 or non-commercial channel. Channel Air Time - no charge for non-profit programming. At the present time all local access programs are broadcast on Dow-Sat Cable Channel 20 (Public Access-Education). JOB RESPONSIBILITIES A. Tape each Mound City Council meeting and be sure it is aired in a timely fashion. B. Additional program possibilities: 1. Location filming of items on agenda of Council meeting. 2. Special meetings attended by. City Council members (re: sewer, water) 3. Selected Mound City Planning Commission meetings. 4. Open Forum - Hosted by City Manager. Question/Answer. When facilities are available - tape live for phone-in questions. 5. Focus on departments of the city. Park & Rec .... 6. Spotlight on city officers - "Who is the City Attorney and what is his job?" 7. Highlight current issues - highways, recycling program. 8. New businesses in Mound. 9. "How the city serves the community." JOYCE M. OLSON 85 Lakeview Avenue Tonka Bay, Minnesota 55331 612/474-1567 PROFESSIONAL EXPERIENCE FLEXIBLE EMPLOYMENT COORDINATOR February 1984 - Present United Mailing Inc., Chanhassen, Minnesota - Eliminated the substantial use of temporary employment service employees by establishing a large "in-house" pool of flexible employees to meet peak demand periods thereby also preventing layoff of full time employees during slow periods. - Develop and promote employee activities MANAGER OF SALES/MARKETING February 1983 - October 1983 Park Travel Company, Minneapolis, Minnesota - Solicited corporate accounts in entire metro area for business travel. - Demonstrated use of customized management reports to control and audit travel expenses. - Created guidelines for corporate Travel Policy Manual. - Acted as representative for Park Travel Company in attendance to Greater Minneapolis Chamber.of Commerce, Sales and Marketing Executives, and Small Business Association. RESIDENT BRANCH MANAGER 1981 - 1982 Kelly Services, Inc., Minneapolis, Minnesota - Responsible for operation of Edina branch. - Directed and maintained selling activities and territorial analysis. - Managed recruiting and training of personnel. - Oversaw all community relations, delivery of customer service, credit and collection, and expense control. - Acted as a liaison between temporary employees and customers. GROUP SALES MANAGER 1979 - 1980 Carlton Bloomington Dinner Theatre, Inc., Bloomington, Minnesota - Supervised group sales representatives and organized sales territories. - Converted major corporate and association accounts for both employee benefit and fundraising programs. - Revamped discount programs for both seasonal and special events. - Maintained close working relationship with theatre and catering manager. GROUP SALES MANAGER 1976 - 1978 Valley Park, Inc., Shakopee, Minnesota - Authorized by Valleyfair to visit other amusement parks to familiarize myself with their group programs. - Originated group sales manual containing policies and procedures for selling and servicing-clients. - Updated group programs. - Planned department budgets, and estimated revenue plus ticket sales prior to each selling season. - Interviewed, hired,~ and trained permanent sales representatives and seasonal assistants. Increased staff from 2 to 7. - Devised territories in 5 state area for each representative and continu'ed to sell major accounts. Department sales rose from 50,000 to 200,000 in group attendance. - November, 1977, was chosen by Valleyfair to attend the Annual International Convention of Amusement Parks in New Orleans. JOYCE M. OLSON/Page 2 GROUP SALES REPRESENTATIVE 1975 - 1976 Valley Park, Inc., Shakopee, Minnesota - First sales representative for Valleyfair. - Responsible for initial promoting of group accounts. - Assisted with pre-arrival and on-site arrangements. - Promoted new entertainment center in n~:tro and outstate areas by presentations to corporations, schools, fraternal organizations and churches. COMMERCIAL TRAVEL AGENT 1973 - 1975 Daytons Travel Service, Minneapolis, Minnesota NURSES AIDE 1971 - 1973 Methodist Hospital, St. Louis Park, Minnesota PROFESSIONAL DEVELOPMENT/EDUCATION Owatonna High School, Owatonna, MN - 1969 Graduate St. Cloud State College, St. Cloud, MN September 1969 December 1972 Areas concentrated were speech, humanities, and theatre. Humboldt Institute, Inc., Minneapolis, MN April - December 1973 Graduated - Tour and Travel Classes included English, typing, travel reservations, airline com~uter operation and ticketing. Security Schools, Burnsville, MN Course I Real Estate October 6-9, 1980 October 1980 - Minnesota Real Estate Agents E×am November 1980 - Received Minnesota Real Estate Salesperson license Completed and certified by Wilson Learning Center, Eden Prairie, MN Managing Interpersonal Relationships I - February 1976 II - July 1978 Counselor Selling - December 1977 March 1984 - Completed course in Management and Human Relations May 1984 -Completed 6 week course - Practical Personnel Administration - presented by Employees Association of Greater Minneapolis PROFESSIONAL ORGANIZATIONS Hotel Sales Management Association.- Allied Member 1975 - 1980 Sales and Marketing Executives International - Member 1978, '79, '80, '83 Minnesota Women's Network - Member 1983 REFERENCES - FURNISHED UPON REQUEST A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. JOSEPH I~. HAMILTON, ~.A. JANES D. LA~SON, ~A. TNO~S E UNDEEWOOD, LAW OFFICES WURST, PEARSON, HAMILTON, IAR$ON & UNDERWOOD I100 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 May 24, 1985 Ms. Jan. Bertrand, Building Official City of Mound 5341 }faywood Road >~und, ~ 55364 Re: Building Code Dear Jan: Pursuant to your request, we have updated Section 26.01 of the City Code.' Please review this to be sure we have all the correct numbers, and if in order, it may then be presented to the Council for consideration. V~y t~ours, C ~u~L~A. Pearson City Attorney CAP:!h Enclosure Jon: 6-3 -85 Jan has reviewed this and says it is alright. 1 77 ORDINANC~ NO. AN ORDINANCE AMENDING SECTION 26.01 OF TEE CITY CODE ADOPTING THE UPDATED MINNESOTA STATE BUILDING CODE; PROVIDING FOR IT'S ADMINISTRATION AND ENFORCEMENT; REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, ANDMAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES The City of Mound does ordain as follows: Section.26.01 of the City Code is amended t0 read as follows: I. Building Code. The Minnesota State Building Code, established pursuant to Mn. Stats. 16B.60 through 16B.73, one copy of which is on file in the office of the City Clerk, is hereby adopted as the building code for the City of Mound. Such code is hereby incorporated in this ordinance as completely as if set out in full. ae The 1985 Edition of the State Building Code effective 1/14/85 adopts by reference the followin~ codes: (1) (2) 1982 Edition of the Uniform Building Code, identified as "UBC"." 1984 Edition o~ the National~ Electrical Code," .. identified as "NEC". 1981 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI Al7.1 - 1981 and Supplement, ANSI A17.1a - 1982. (4) Minnesota Plumbing Code, 4715.001 - 4715.5600. Minnesota Rules (5) Flood Proofing Regulations, June 1972, Office of the Chief of Engineers, U.S. Army. (6) Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code, Minnesota Rules 1345.0010 - 1345.3000. Rules for Energy Conservation Alternatives in Construction Minnesot~ Rules 1325.0600 - .0700 adopts by reference the 1983 CABO Model Energy Code. (8) State of Minnesota Manufactured (Mobile) Home Rules, identified as Minnesota Rules 1350.0100 - .9200. (July 31, 1983) 137 Be Ce (9) Standards of Performance for Solar Energy Systems and Subsystems Applied to Energy Needs of Buildings, 1977 Edition, identified as Minnesota Rules 1325.1000 - .9500. Mandatory Appendices. In addition to those items listed above, the following Appendices, Standards, and Supplemental Materials referenced in the Code are hereby adopted by reference as part of the Building Code and incorporated into this ordinance as completely as if set out in full. (1) Minnesota State Building Code, Technical Requirements for Fallout Shelters, Minnesota Rules Chapter 1330. (2) Minnesota State Building Code, Variations in Snow Loads, Minnesota Rules Chapter 1365. (3) . 1982 Uniform Building Code Appendix Chapter 35. (4) Minnesota Plumbing Code, Minnesota Rules 4715.3900 - 4715.4100. ~ptional Appendices. The following Appendices, Standards and Supplemental Materials are not a mandatory part of the Code but are adopted by reference for the City and are incorporated, without change, into this ordinance as completely as if set out in full. (1) Minnesota State Building Code, Abbreviations and Address of Technical Organizations, Minnesota Rules 1300.2000. (2) (3) 1982 UBC Appendix, Chapters 1, 7, 38, 55, and 70. Minnesota Plumbing Code, Minnesota Rules 4715.3500 -4715.3800. (4) Flood Proofing Regulations, Minnesota Rules Chapter 1335. (5) Minnesota State Building Code, BUilding Security, Minnesota Rules Chapter 1310. II. Organization and Enforcement. The organization of the Building Department and enforcement of the Code shall be as established by Chapter 12 of the Uniform Building Code 1982 Edition. The Building Inspector shall be the Building Code Department of the City. The Administrative Authority shall be a State Certified "Building Official" so designated by the Appointing Authority. Attest: MayOr City Clerk Adopted by City Council Published in Official Newspaper TO: FROM: SUBJECT: INTEROFFICE Jon Elam, City Manager Len Harrell, Cheif of Police No Parking signs for Northern Road MEMO DATE June 3 ,19, Attached is a diagram of the area of Northern Road, east of Sandy Lane where you related that there had been complaints regarding parking. It is my understanding, from our discussion, that there is a problem from people parking on Northern Road and that it may be impeding traffic in the area. The road has a curve where it meets with Edgewater Road and it is in that area that the problem appears to exist. My suggestion would be to add "No Parking" signs on Northern Road at Sandy Lane and at Northern Road and Edgewater Road on the south side of the street. This would eliminate the bottle-neck that is caused by people parking on the short curved area of Northern Road. MICHAEL J. ADAMS GREGORY D, GUSTAFSON JAMES D. ATKINSON III DANIEL R. TYSON GARY D. PIHLSTROM WILLIAM M. HABICHT JAMES C. LAMPHERE GUSTAFSON & ADAMS, P.A. ATTORNEYS AT LAW SUITE 411 7400 METRO BOULEVARD EDINA, MINNESOTA 55435 TELEPHONE (612} 835-7277 May 13, 1985 OF COUNSEL HARRY GUSTAFSON Mr. Jon Elam City of Mound 5341 Maywood Road Mound, MN .55364 Re: Balboa Minnesota Co. (City of Mound Lease) Our File No: GDG-85-3264 Dear Jon: I have enclosed herewith an original and three copies of amended License to Store Motor Vehicles and Indemnification Agreement. My client reviewed the prior document and has requested certain changes be now which are now incorporated into this Agreement. I am enclosing also herewith the copies of the executed document which you had previously sent to me. If there are any problems or concerns, please contact me. Sincerely yours, GUSTAFSON & ADAMS, P.A. Tyson DRT:bfr Enclosures LICENSE TO STORE MOTOR VEHICLES AND INDEMNIFICATION AGREEMENT THIS AGREEMENT is made ana entered into t~is day of April, 1985, by and between BALBOA MINNESOTA CO., a Minnesota corporation ("Balboa") with offi- ces located at 5311Topanga Canyon Boulevard, Suite 300, Woodland Hills, California 91364 and THE CITY OF MOUND, a Minnesota municipal corporation, with offices located at 5341Maywood Road, Mound, Minnesota 55364 ("City"). WHEREAS, the City has requested of Balboa the right and license to store on certain premises located in the City of Mound certain vehicles, equipment and materials on the premises located at 5340 Shoreline Boulevard, Mound, Minnesota, leyal'ly described as follows: See Exhibit A attached hereto and made a part ~ereof by reference (herein "Premises"); and WHEREAS, Balboa is desirous of yranting the City a license to store r,~)tor vehicles, equipment and machinery under the terms and conditions provided herein. NOW, THEREFORE, in consideration of the mutual covenants and promises con- tained herein and of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency or' which is hereby acknowledged, t~e parties a~ree as follows: 1. Balboa does hereby grant to City the license to occupy and use the Premises subject to the terms and conditions hereof. 2. The Pr. emises may be occupied and used by City solely for the purposes of storage of City owned vehicles, equipment and certaiq~materials which have .b~een approved in writin9 as storage items b~_.~Balboa .(~'_A_lajaroved Materials"J_ and for incidential purposes related thereto during the period commencing March 1, 1985 and continuin§ until this Agreement is terminated as hereinafter provided. 3. In consideration for this License, the City shall not be 'required to pay any monetary consideration, however, in consideration of the premises and covenants contained herein will and hereby does agree to indemnify and hold Balboa harmless as provided below. 4. Either party may terminate this Agreement by yiving written notice to t~le other specifying the date of termination, which notice shall be given not less than thirty (30) days prior to the date therein specified for termination. Should the Premises or .any part thereof, be totally destroyed by fire Or other casualty, this Agreement, at the option of either party, shall immediately ter- minate. In the case of partial destruction, this Agreement may be terminated by either party by giving written notice to the other specifying the date of ter- mination, such notice to be given within fifteen (15) days after such partial destruction and not less than thirty (30) days prior to the termination date therein specified. Notwithstanding the termination of this agreemen.t by either ?rty in connection with this License, the City's covenants and obliggtions with respect to the a§reement to indemniY_y~o_l_d__Balb, o~a_ba£ml_es~s__h~e__r.~u__n_~_r___s.~.a]~ survive such terminati.on, 5, This Agreement and the rights created hereunder are personal to the City of Mound and such license shall not be assigned in whole or in part by the City to any person or entity without the prior written consent of Balboa. 6, The City agrees to indemnify Balboa against and hold Balboa harmless from any and al'l 'liability or loss or damage for any injury to persons or pro- perty w~ich Balboa may suffer as a result of the following: -2- a) Any claims, aemands, costs or judyments against Balboa arising out of any actions, omissions or negligence of City, its agents, permitted assigns, and to the extent not prohibited b.¥ law~ Balboa~ or any persons involving the storage, location and removal of vehicles, equipment or materials of the City on the Premises; b) Any claims, demands, costs or jud§ments against Balboa arising as a result of any action, omission or ne§ligence of t~e City, its agents, permitted assiyns, and to the e~l~e-~--~rohibited by law, Balboa, ~or any persons with respect to any use of ~he Pr~mises pursuant to this License Agreement or other- wise. The City does hereby agree that Balboa, its agents, licensees or assigns shall not be liable and the City does hereby release Balboa and waive all claims to damage to person or property sustained on the Premises, directly or indirectly, from any and all acts, omissions or ne§ligence Of Balboa, its agents, successors, licensees or assigns or any person, in connection with the ownership, use, operation or maintenance of the Premises or from any existing or future condition, defect, matter or thing in the Premises. T~is provision, however, shall not release Balboa from any obligations or liabilities with respect ~o any orc~inance requirements of the City imposed in connection with the ownership or use ol~ the Premises. 8. The City agrees to provide all necessary security personnel and take all necessary measures for the protection of their property located on the Premises. The parties understand t~at ~alboa is no~ required to ~rov~de a.qy security per- sonnel or a secured ~'acility in connection with this Agreement or otherwise. lne City shall no~ store any flammable, hazardous substances, ~azardous wastes, pollutants or contaminants on the Property. The City shall su~it a list oi~ the -3- vehicles, e_Quipment and. Approved Materials to Balboa upon execution of this Agreement and agrees to supplement such list as,c, han~es are made to such list from time to time.~. 9. The City agrees to defend Balboa at the City's sole cost and expense, against any claims brou§ht or actions filed against Balboa ?,e]atin. g to the fore§oin§ indemnity. Balboa shall have the right to approve legal counsel for the City in connection with such defense and may after notice to City require the City at the City's sole cost aha expense to substitute counsel of Balboa's choice at any time durin_~L~i~he..~O_~_rse of such defense. All of Balboa's~co~s~t_~.~ ,including its attorne2s' fees incurred by Balboa shall be reimbursed by the City.. within thirty (30) days af.ter notice b.v Balboa. 10. All notices provided hereunder shall be deemed made if mailed to either party at the adaress stated on Page One and mailed first class postage prepaid or. aelivered, personally.to City or Balboa or their designated agent. 11. This Agreement shall be construed under the laws of the State of, Minnesota. Tnis Agreement shall be amended only in writing. 12. lhe City agrees to notify Balboa in writing within fifteen (15) days of notice to them of.any claim made against City with respect to the obligations or occurrences indemnified against it under this Agreement. 13. This Agreement shall be binding and benefit the parties, their suc- cessors or assigns. IN WITNESS WHEREOF, the parties have executed the foregoing Agreement as of ~he date and year first a~ove written. BALBOA MINNESOTA CO. CITY OF MOUND By: By: Its: Its: AG~I~A/~AL~OA1.1 -4- By: Its: PURCHASE AGREEMENT 1985, by and between Will N. Johnson, et. al., Owner(s) and Seller(s) (collectively the "Seller"), and the City of Mound, Minnesota, Buyer. WITNESSETH: WHEREAS, Seller is the owner of that certain real estate described in paragraph 1 below (the "Subject Property"); and WHEREAS, Buyer desires to acquire the Subject Property to own in fee simple for redevelopment purposes; and WHEREAS, Seller agrees tO sell the S;bject Property to Buyer; NOW, THEREFORE, the parties hereto hereby agree as follows: 1. ~.grnest Money. That in Consideration of the mutual agreements herein contained and the sum of One Dollar and No Cents ($1.00) ("Earnest Money") paid by the Buyer to the Seller, the receipt of which is hereby acknowledged, the Seller hereby grants unto the Buyer the exclusive right to purchase the following tract or parcel of land (Subject Property) situated in the County of Hennepin, State of Minnesota, to-wit; The North 22.5 feet of the South 24 feet of the West 100 feet of Lot 45, Koehler's Addition to Mound, Lake Minnetonka, Hennepin County, Minnesota and the immovable fixtures attached to the Subject Property and identified in Exhibit A hereto. ( ~~ 2. Purchase Price. The purchase price for the Subject \ ~/~Property shall be Eighty Thousand Dollars and No Cents / . ~ Money shall be applied as a partial pre-payment thereof. The - Buyer, in its. discretion and in partial payment of the'purchase price, may assume or take title subject to any existing indebtedness encumbering the Subject Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. 3. Marketability of Title. The Seller shall, within ten (10) days of the date of this Purchase Agreement, deliver to the Buyer all unrecorded instruments relating to interests in the Subject Property, and an abstract of title or a registered property abstract continued to the date of delivery and including proper searches for judgments, bankruptcies, state and federal tax liens, real estate taxes and specia~ assessments', showing marketable title to the Subject Property in the Seller. After delivery of said abstract or registered property abstract, the Buyer shall have twenty (20) days for the e~amination thereof, and to deliver written objections, if any, to the Seller. Seller shall permit no additional encumbrances to be made upon the Subject Property between the date of this Purchase Agreement and the Closing Date. In the event that title to the Subject Property is found by the Buyer to be unmarketable, .and cannot be made marketable by the Seller by the Closing Date, then, at the'option of the Buyer, this Agreement shall be null and void.'and the Earnest Money shall be refunded forthwith to the Buyer. 4. C19sin~ Date. The closing of the sale of Subject Property shall take place sixty (60) days after the date of this Purchase Agreement, or at such earlier or later date as may be 'mutually agreed upon by the Seller and Buyer. 5. Deed Delivered at C16sing. Seller agrees to give good and marketable title to Subject Property in fee-simple, together with all improvements, hereditaments and appurtenances thereunto belonging and all of the right,'title and interest of the Seller ' in and to any streets or alleys'adjoining or abutting thereon, and to convey the same by warranty deed joined in by all individuals known collectively as Seller herein (and by spouse, if any), and in form acceptable to counsel for Buyer. 6. Seller's Representations and Ad)ustments. The Seller ~~agrees to free the Subject Property from all taxes, assessments, date ~f closing, except that it is agree~ that all real estate taxes due and payable in the year of the Closing Date and all rents, utilities, insurance premiums on transferable policies and other income and expenses relating to the Subject Property, shal~ pro-rated to Seller and Buyer as of the ~l~-i~..g Dat~. 7. Costs to Clear Title and Closing Costs. If the Seller fails to clear title to the extent herein.required, or to submit evidence of his ability to do so, and such failure continues for ninety (90) days after the notice of defects, the Buyer may,clear title to the extent required and charge the cost of clearing t~ the Seller. All expenses of examination of title and of recording the Seller's warranty deed shal be paid by the Buyer. 8. Exceptions to Marketable Title. Seller shall convey marketable title to the Subject Property to the Buyer subject only to the following exceptions: a. Building and zoning ~aws, ordinances, State and Federal regulations. b. Reservation of any minerals or mineral rights to the State of Minnesota. c. Utility and drainage easements. 9. No Broker Involved. The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission Or finders-' fees in connection'with negotiations for purchase of the Subject Property arising out of any alleged agreement, commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all.olaims for brokerage commissions or finders' fees in connection with negotiations for the sale of the Subject Property arising out of any alleged agreement, commitment or negotiation by Seller. 10. Possession and Insurance, Seller shall continue in possession of the Subject Property until the Closing Date, and shall maintain it in its present condition. On the Closing Date possession shall be delivered to ~he Buyer. 'Risk of ioss from casualty or any liability incurred by or as a result of the use or contact with the Subject Property shall be the Seller's until delivery of possession to the Buyer as herein provided. 11. Personal Property. On Closing Date, the Seller shall shall have removed from the Subject Property any and all personal property belonging to him. The Seller shall hold the Buyer harmless for disposal of personal property left in or at the .! Subject Property by the Seller after the date of closing. 12. Relocation Costs. The Buyer shall pay relocation costs, if.~ny, which will be determined in accordance with Minnesota Statutes, Chapter 117, and paid separately by the Buyer, no part of which is reflected in the purchase price contained in paragraph 2, above. 13. Entire Agreement; Amendments. This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in'writing and executed by both parties hereto or their respective successors or assigns. 14. Binding Effect; Assignment. Thi~ Agreement shall be binding upon and inure to the benefit of the 'parties hereto, and their respective heirs, executors., administrators, successors and assigns. Buyer shall not assign his rights and interest hereunder without notice to Seller except to the State of Minnesota, and Seller shall give notice to'Buyer of'assignment of .its interests in the manner p~escrlbed in paragraph 15 hereof. 15. Notice. Any notice, demand, request or other communication which may or shall be given or served to or on Seller by Buyer or to or on Buyer b~ Seller shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as If to Seller: Will N. Johnson P.O. Box 147 Mound, MN 55364 b. If to Buyer: Jon Elam, .City Manage~ City of Mound 5341 Maywood Road Mound, MN 55364 16. Specific Performance. This Purchase Agreement may be specifically enforced by the Buyer. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year first printed above. follows: a. STATE OF MINNESOTA ) ) ss. COUNTY OF I~~ ) On this the 1)vt day of ~ , 19~-, before me, a ~ry Public,. p~rsonally appeared known to me to be the persons whose names are subscribed to the within instrument and who executed the same for the purpose therein contained as their free and voluntary acts. by:. Mayor P~o Tem B~ CITY 0~' "OUND ~: City Manager · ) ss. COONT~ O~ Henhepl n ) On this the 28th day of May , 198_~, before me, a--~ry Public, personally appeared Russel! H. Peterson, Mayor Pro Tem and Jon E]am. City M~nnn.r known to me to be the persons whose names are Subscribed to the within instrument and who executed the same for the PUrpose therein contained as their free and voluntary act. L ~ EXHIBIT A DIVISION OF APPRAISAL COVERAGE PROPERTY ANALYSIS FOR:__Ctty ~f Mound -Jon ...Elam, C!..ty Manager BUSINESS NAME: Mr. B's Bakery BUSINESS OWNER: Mr. John Blackowiak BU[I,DING OWNER: Will Johnson PROPERTY LOCATION: 2234 Commerce Blvd. - Mound, Minnesota 55364 DATE: March 8, 1985 LISTED BY: Gerald A. McKinzle PENFIELD, INC._ The property analysis listing is completed to assure proper division of appraisal coverage. Items listed and designated as real estate will be included in the real estate appraisal, and those items listed but designated other than real estate, will be omitted from consideration in uhe real estate appraisal. The business fixture appraisal wil~ con- sider only the "Immovable Fixtures". OWNERSHIP KEY: = Fee Owner T = Tenant LE = Leased Equipment 2 3 5 6 FOR: City Of Mound BUSINESS: Mr. B's Bakery DATE:~PAGE. 1 L = Lessee U = Unknown A~ This Time OF' 5' PAGEb. ITEM DESCRiPTI'ON EXTERIOR Single story commercial building with basement, including basic land area plus all normal building appurtenances such as electrical service, lighting, plumbing, ant heating Sign on upper part of building front Sign on building south side wall Sign'on rear wall of building Lot of bituminous site paving INIERIOR FRONT ~[~ AREA Group of 5 small Formica cafe type tables with l0 chairs Long vinyl covered bench type seat with backrest 0 L L L 0 X × /~/~ -4.- PENFIELD, INC. CONTI~UATION OF PROPERTY ANALYSIS LISTING - -- BUSINESS: Mr. B's Bakery AT: 2234 Commerce Blvd' - Mound Minnesota m PAGE 2 OF PAGES ~ <z DATE: 3-8-85 5 ~ ITEM DESCRIPTION 8 I Movable small two door metal ba~e cabinet with "Bunn" ~our-D-Matic coffee maker, plug & cord 9 1 Large display upright cooler "Nor Lake" with two glass doors & interior wire rack shelves 10 1 Painted sign on north wall (Mr. B's Bakery & Coffee Shop) 11 4 Lower type glass front & top bakery display cases with sliding door back side for access 12 4 Taller type bakery display cases with sliding glass door front & interior wire shelf racks 13 1 Free standing six shelf bread & rolls display rack 14 1- Painted wood table with wrought iron legs, to display .buns or other bread items 15 2 Wire 3 shelf racks attached to south side wall 16 2 Front area hanging plants 17 I Lot of misc. trays with misc. bakery items displayed for sale in Items #10, 11, & 12 18 1 Wood triangular cash register counter 19 1 Delta 300 cash register 20 I Small painted wood work table 21 2 Metal closed bakery storage cabinets ~ REAR WORK AREA 22 1 3 basin stainless steel sink ~ith plumbing connections ~ 23 ]. Evenfl'ow window box fan, plug & cord 24 1 Electric box fan on stand for cooling baked items CONTINUATION OF PROPERTY ANALYSIS LiLTiNG BUSINESS: Mr. B's Bakery ~' ~ ~: 2234 Commerge Blvd,,- Mound Minnesota m ~ PAGES ~ DATE: 3-8-85 PAGE 3 OF 5 ~ ITEM DESCRIPTION 25 1 Very large butcher block top work table to rear side of part of Item #12 L X 26 1 Special electrical run & outlet to top of case (on part of Item #12) L X 27 1 Wood shelf & rack above Item #25 L 28 I Employee time clock & time card rack L X 29 1 Wall mounted order write-up desk L X 30 1 Telephone LE X 31 ! Oliver bread slicer L X 3~ 1 Formica top work table with iron pipe legs (fixed to floor) L X 33 1 Sears electric calculator, plug & cord L X 34 1 Cecilware ftosting warmer L X 35 1 Lot of misc. racks for cooling, storage, moving, etc. of bakery items L X 36 1 Two wheel dolly truck cart L X 37 1 Very large baking oven, "Middleby-Marshall" L X 38 1 Peerless ceiling mounted heater 0 39 1 Metal cart for moving, bakery items L X 40 1 Round metal pot on stand with wheels & cover .. L X 4I I Free standing metal wire shelf rack L X 42 1 Butcher-block top work table with steel legs & lower shelf L X 43 1 Wire rack shelf attached to wall above Item #42 L X 44 1 Large deep fryer with right side counter extension, stainless steel L X 45 1 Gas fired heater unit for heating ingredients L X -6- PENFIELD, INC. ,CONTIi~UAT!ON OF PROPERTY ANALYSIS L£~ifi~G - - BUSINES$._Mr. S's Baker~ ~ ~ ~ ~ ~ ~ AT: 2234 Commerce Blvd- Mound Minnesota ~ ':~ ~ m~ ~ ~i z DATE: 3-8-85 PAGE ~ OF 5 ~ ITEM DESCRIPTION 46 1 Exhaust hood above Item Nos. C4 & 45 L X 47 1 Dough steamer enclosure (for dough rising) L X 48 1 Four door, 3 compartment, large upright cooler with wire shelf racks inside. Traulsen L X 49 I Acme roi-sheeter machine L X 50 1 Butcher block work table with wire rack shelves attached to the top. (Fixed to the floor) L X 51 1 Can opener.mounted to Item #50 L X 52 1 Large floor model Hobart mixer L X 53 1 Stainless steel sink~ single basin with drain board L X 54 1~' Smaller Hobart mixer %~ith metal, stand L X 55 1 Utensil rack mounted %o wall above Item #54 L X 56 1 Free standing 3 wire shelf rack-unit L X 57 1 Ye~y large butcher block work table with steel base & legs below L X 58 1 Four shelf wire rack unit on top #57 L X 59 1 Lot of misc. trays, racks, supDlies, tools, utensils, ingredients, containers, etc. L X 60 1 ~ery large 3 door' upright cooler "Pack-O- Mach" with interior rack shelves L X 61 I Erika (bun machine) L X 62 1 Wall mounted wire rack unit with 3 shelves L X 63 1 Fire extinguisher L X 64 1 Free standing metal file & storage cabinet L X 65 1 Wall exhaust fan above side door L X 66 1 Lot of fluorescent lighting throughout 0 X 67 1 .Lot of wood paneling on walls 0 X CONTI[~UATION OF PROPERTY ANALYSIS LISTING ~ BUSINESS: Mr. B's Bakery ~ ~ AT:...2234 Commerce Blvd..- Moun4, Minnesota ~ ~ z~ DATE: 3-8-85_PAGE ~ OF 5 PAGES cy ITEM DESCRIPTION ~ BASEMENT · 68 1 Gas fired steam boiler for bakery 69 1 Gas fired 65 gallon hot water heater 70 1 Water softener 71 2 Compressors for equipment upstairs 72 1 Lot of misc. built-in wood shelving & racking 73 1 Lot of storage of supplie~, trays, containers,, tools, equipment, etc. 7 DIVISION OF APPRAISAL COVERAGE PROPERTY ANALYSIS FOR: City of Mound, Jon glam- C~.ty Manager BUSINESS NAME: Mound Sta-Safe Locksmith BUSINESS OWNER: Mr. Roe Miles BUILDING OWNER: Will Johnson PROPERTY LOCATION: 2236 Commerce Blvd., Mound, MN. 55364 DATE: March 8', 1985 LISTED BY: Gerald A. McKinzie PENFIELD, INC The property analysis listing is completed to assure proper division of appraisal coverage. Items listed and designated as real. estate will be included in the real estate appraisal, and those items listed but designated other than real estate, will be omitted from consideration in the real estate appraisal. The business fixture appraisal will con- sider only the "Immovable Fixtures". OWNERSHIP KEY: 0 = Fee Owner T = Tenan~ L = Lessee LE = Leased Equipment U = Unknown At This Time FOR: City of Mound BUSINESS: Mound Sta-Safe Locksmith PAGE L OF ' ~ PAGES DATE: ~-8-85 _ iTEH DESCRIPTION EXTERIOR Single story commercial building with basement, and including basic land area and all normal building appurtenances such as electrical services, lighting, plumbing, and heating Lot of b~tuminous site paving Sign above front edify door INTERIOR Two wall entry partitions at bottom stairs, includ[ng door & wall light Lot of carpeting throughout Lot of recessed ceiling lighting Surface mounted ceiling fluorescent lights Lot of ceiling coverings Lot of wall paneling on outside walls X CONTINUATION OF 'PROPERTY ANALYSIS LISTING - - BUSINESS: Mound Sta-Safe Locksmith ~ ~: ~ ~. ~ ~ AT: 2236 Commerce Blvd., Mound,. MN 55364 ~ ~ PAGE__Z___ OF PAGES ~ z DATE: 3-8-85_ 4 z: = ITEM DESCRIPTION FRONT CUSTOMER AREA 10 1 "740" Powershop, plug & cord T X 11 5 Fiberglass baskets with tops T X t2 2 Small hoppers (one on wheeled rack), steel T X 13 1 Stored electrical "Sta-Safe Locksmith" sign T X 14 1 In corner storage area, one lot of misc. stored items. Mop bucket, vacuum cleaner, oxTgen tan. ks, etc. T X 15 1 Metal large four shelf unit T .X 16 1 Large steel safe' floor standing type. (Heavy item to move) T X 17 1 Customer 'service counter with glass display case top T X i8 1 Built-in~customer service counter (ends at north wall), includes b~tton for customer service buzzer T X 19 1 Frame partition behind Item #18 including mounted plywood & roughly 12 rows of 125 finish nails for hanging keys T X 20 1 Lot of misc. key blanks, small tools, small parts, small parts cabinets, supplies, stock & inventory, etc. throughout rented area T X 21 1 Clary cash register T X 22 1 iLarge shop type vacuum cleaner T X 23 1 Very long built-in work counter along south wall T X 24 2 Wall mounted plywood-racks on south wall above Item #23 T X 25 4 Various elec. operated ke7 making machines on Item #23 T X 26 1 Check protector T X 27 1 IBM typewr~iter. T X /~/~ -5- PENFII=I n. INC. CONTIiIUATION OF PROPERTY ANALYSIS LISTING i BUSINESS: Mound Sta-Safe Locksmith ~ ~ AT: 2236 Commerce Blvd, Mound, MN. 55364 ~ z ~ ~~,m ~'~ ~ - ~ o~ ~= <= << ~ z DATE:_3-8-85 ~GE 3 OF ~ ?~GES ~ ITEM DESCRIPTION 28 1 Telephone U. REAR IlEA 291 1 L-shaped built-in counter extending back from the rear side of'Item #19 T X 30 3 Wall mounted wood shelves above Item #29 T X 31 1 HPC Code-A-Key machine on Item #29 T X 32 1 Large bench vise on Item ~29 'T X 33 1 Eelg~ electric grinder on lEem #29 T X 34 1 Drill press on Item #29 T 'X 35 1 Peerless ceiling hung. heater 0 X 36 1 Panasonic video camera & trippd' T X 37 2 Five high metal' Shelf unit~ T ! X 38 1 Wood chai~- T X 39 1 Metal dhair T X 40 1 Wood desk (small) T X 41 1 Commodore personal computer T X 42 1 Built-in plywood table for computer T X 431 1 Built-in wall shelf above Item #40 T X 44 1 Lot of-~misc, office tOols, equipment, supplies, papers, books, etc. T X 45 1 Small round table T X 46 1 Sound system with speakers T X 47 1 Hoover upright vacuum cleaner T X 48 1 Musical string instrument in case T X REAR AREA 49i 1 Small metal stand with coffee pot & equip. T X 50' I Sanyo TV - 12" T X -6- PENFIELD, iNC. /~"',~ CONTI[~UATION OF PROPERTY ANALYSIS "' BUSINESS: Mound Sta-Safe Locksmith ~ ~T: 2236 Commerce Blvd, Mound, MN 55364 ~m ~ PAGE ~ OF ~ PAGES ~ ITEM DESCRIPTION 51 1 Frigidaire refrigerator 52 1 Kitchen stove' 53~ 1 Lot of misc. stored personal property items, including shotguns, sound equipment, musical equipment, books, magazines, tools, equipment, etc. 54 1 Small frame partition behind Item ~52 SHOP AREA 55 1 Built-in shelf on rear side of Item ~54 56 1 Group of 2 wall shelves on 2 other wal~s 57 1 Small built-in Formica work counter & wall to which it is attached 58 1 Built-in work counter with 'she'll below on - west wall ' 59 1 Lot of misc. tools, equip., supplies, etc. FAR REAR - 60 2 Exit signs REST ROOM 61 1 Water closet 62 1 Wall hung lavatory sink 63 3 12" x .12" mirror tiles 64 1 Metal wall mounted paper towel dispenser 65 I Small metal base cabinet, free standing ADDENDUM This Addendum modifies and supplements the terms of the Purchase Agreement ~ated May 23, 1985, entered into by and between William and Phyllis Johnson and the City of Mound. Purchasers agree to accept or reject the purchase terms within twelve (12) days of execution'by the Sellers. If not accepted by June 5, 1985, the Purchase Agreement shall be null and void. This Purchase Agreement is expressly contingent upon the adoption by the City Council for the City of Mound of a resolu- tion allowing the release by the State of Minnesota of that parcel described as: Lot 40, Koehler's Addition to Mound, Hennepin County, for sale to,ad~landowners,~ i by private sale. . Phyfiis ~. ~hn~on STATE OF ~INNESOTA ) ) CO~TY OF HE~EPIN ) On this 2~ day of May, 1985,.before me a notary public, appeared William N. JohnsOn and Phyllis A. Johnson, known to me to be the persons whose n~es are subscribed to the within instru- ment, and who executed the' s~e for the purpose therein contained as their free and voluntary act. ~IlSSYW /'-ODS 'D '~ 6': J Addendum - Continued Buyer CITY OF MOUND BY: Mayor Pro Tam . ]~/d r~ClTY OF MOUND B¥.7' City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 28th day of May, 1985, before me a notary public, appeared Russell H. Paterson, MayorPro Temnd Jon Elam, City Manager known to me to be the persons whose names are subscribed to the within instrument, and who executed the same for the purpose ~herein contained as their free and voluntary act. Notary Public ADDENDUM~ This Addendum modifies and supplements the terms of the purchase Agreement dated May 23, 1985, entered into by and between William 'and Phyllis Johnson and the City of Mound. Paragraph 6 is amended to read as originally typed. Long hand amendments are deleted. Paragraph 2 is amended to provide for a purchase price of $85,050.00. Peter W-. Jdhnson, as Attorney and Agent for William and Phyllis Johnson STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) On this ~ day of ~, 1985, before me a notary public, appeared Peter W. Johnson, known to me to be the person whose name is subscribe~ to the within instrument, and who executed the same for the purpose therein contained as their free and voluntary aCt- HENNEPIN COUNTY BUYER: City of Mound By: Mayor Pro Tem STATE OF MINNESOTA ) ) SS. COUNTY. OF HENNEPIN ) On this __ day of BUYER: City of Mound By: City Manager , 1985, before me a notary public, appeared Russell H. Peterson, Mayor Pro Tem, and Jori Elam, City Manager, known to me to be the persons whose nam'es are subscribed to the within instrument, and who executed the same for the pur- pose therein contained as their free and voluntary act. Notary Public BILLS ....... JUNE 11, 198'5 Batch 854054 .... Computer run dated 5/31/85 Batch 854055 .... Computer run dated 5/07/85 Batch 854062 .... Listed below TOTAL BILLS Air Comm June radio contract Internatl Inst Mun Clk Memb thru June '86 Burlington Northern ICMA Metro Fine Pitney Bowes Satellite Ind Suburban Community Saliterman'LTD Westonka Public Schl Xerox Assn Metro Munic Mound Fire'Relief' Wurst Pearson Med Center Heallth Gayle Burns Lease thru 6/15 Dues thru June 86 June pager rent Postg meter rent June Serv 2nd Qtr serv June liq store rent Wtonka Senr center June pymts-Xerox 85-86 Dues June pension June retainer June hosp mileage 164.O0 6O.OO 533.33 266.03 35.40 59.25 240 .OO 943.25 1,O70.63 4,500.O0 253.19 1,715.00 3,327.50 1,400.O0 153.13 25.76 27,083.91 85,267.45 14,746.47 127,097.83 L i. I~1 I I -.~ !,,,~ ..4' .~' I '~ 99 itu ~J · i I IIIIIIIII IIIIIIIII IIIIIIIIII IIIIIIIIII C) Z 0 .J Z ,(3 0 rd', O' 0" 0', · O' · ! O' M MMMMMMM cmo ~r Y?¥TTTT IlllllJ ! IIIIIIIII 111111111 I I I I I I i I I = IIIIIIIIIt IIii11111 C _-,. ,-4 C or'- n ~ ! I -0 ! I bJ UU Z ~0 r.: Z Z C3 eeee~eeeee eeeeeeee~e -( (:3 Z 0 0 Z la, 1 'i McCOMBS-KNUTSONASSOCIATES, INC. May 24, 1985 Oonthan R. Elam, City Manager City of Mound 5341 Naywood Road Mound, T~a 55364 Dear Mr~ As you are aware, the 1985 Leaque of Minnesota Cities (L.M.C.) Annual Conference is scheduled to be held Wednesday thru Friday (Oune 12-14) at the St. Paul Radisson Hotel. Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 We hope that you, along with the Council and designated City Officials, wilt be able to take the opportunity to attend this annual conference along with other representatives of various municipalities throughout the State. As you are aware, we have been privileged to provide professional consulting engineer/land surveying services for your community during the past several years. Subsequently, we would like to take the opportunity during this conference to invite you, the City Council, and any other appropriate City Officials and spouses to a pleasant and sociable dining experience at Leeann Chin's Restaurant at approximately 5:00 RM on Wednesday Oune 12th. We feel this time would fit in best with the tight schedule of the conference, workshops, and the scheduled evening entertainment at the new Ordway Theatre starting at around 7:00 RM. Although the conference and related workshops provide an opportunity for you to meet other City Officials, we feel that this dinner invitation will allow you to share your con,non interests with several of them in a relaxed and comfortable atmosphere. Due to the time frame required to make the necessary arrangements, we would very much appreciate a confirmation response by Oune 7, 1985, indicating the names of who will be able to join us. If for some reason you are unable to accept our dinner invitation, we hope that you will take the opportunity to stop by our display area so we can help welcome you to the conference andaddress any questions or concerns that you may have. We look forward to hearing from you by 3Jne 7th indicating that you will be able to join us at St. Raul's #1 rated Leeann Chin's restaurant for a pleasant dining experience prior to the enjoyable program at th~ Ordway Music Theatre. Sincerely, TAC/W~N :j K~ ASSOCIATES NcC[NBS- , Inc. William HV'Mc::t~ombs, P.E. prinked on recycled :.'3per McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS III LANO SURVEYORS I~ PLANNERS May 17, 1985 Reply To: 12800 industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Oon Elam City Manager City of Mound 5341 MaYwood Road Mound, Minnesota 55364 SUB3ECT: Bartlett Boulevard 1980 Streets File #5248 Dear Jon: Geno and myself looked over the situation on Bartlett Boulevard.yesterday and have the following recommendations to make. Go ahead and cap with bituminous the areas that have been dug out and filled with good material. Prepare a plan over the winter month~ for submittal to the state 'aid office and take bids early next spring when we should be able to get better prices. After the frost has gone out next spring, the remaining bad areas can be excavated, drain tile installed, granular material placed and capped with bituminous. A bituminous overlay be placed over the entire area that has been patched over the last 4 years. 3on, we both feel that his approach would be much better, now that most of the corrective work has been done for this year. After looking at the location of the areas corrected I think we can still install the drain tile with minimum disturbance to previous corrections. If we were to try and accomplish all this with state aid money this year, I'm afraid it would be at least some time in July before the work could be completed. Please let me know your thoughts and we will proceed accordingly. Very truly yours, MoCOMBS-KNUTSON ASSOCIATES, INC. JC: cah cc: Geno Hoff A. THOMAS WURST, P.A. CURTI,~ A. PEAR$ON~ F?A. *.JosEPN E. HAMILTON, ~ A. ~AMES D. LARSON, ~A. THOMAS ~ UNDERWOOD, ~A. ~OG~ ~. ~ELLOW~ LAW OFFICES WURST, PEARSON, HAMILTON, I-ARSON ~{ UNDERWOOD I100 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 May 29, 1985 Mr. Jori Elam, City Manager City of Mound 5341 Manhood Road Mound, ~] 55364 Re: Public Dance Permits Dear Jori: On May 28, you and I were discussing some other matters when you asked me.if I had requested an Attorney General's opinion on the public dance statute. I told you I had talked with the Attorney General but I also told you that it was my opinion that the City Council had not directed me to get any kind of an opinion. You indicated to me that the Council talked about it after I in- dicated that this would be a way of resolving what the statute said and meant. 'I agreed with you that such a discussion took place, but in the case of Mound, it is really irrelevant because our ordinance goes beyond the state statutes and in'my opinion is clearer and more definite in its terms. I also indicated that because the Council talks about you taking an around the world trip during a Council meeting, I didn't think you should spend your money until you had gotten their direct approval and authorization, which means that a motion is put on the floor and adopted by at least three councilpersons. A portion of what is said above is to clarify that the Council should not assume that staff is going to follow up on individual statements made by individual councilpersons. We work for the Council collectively as a body, and until three members agree on what they want you and me to do, I would deem it presumptnous and beyond our authority~to head off in different directions, spending public funds and taking public stances. The City Council does not act by individual members making statements at a Council meeting. It acts only when they collectively agree and vote on a matter after ~the motion has been properly stated. Notwithstanding what has been said above, I did talk to Mike Gallagher at the Attorney General's office the day after the meeting. I am enclosing herewith an opinion of January 27, 1981, to East Grand Forks and a copy of an opinion from Attorney General J.A.A..Burnquist dated December 24, 1942. I believe WURSt~ Pear$ON~ HamllTON~ Lar$oN & UNDERWOOD Page 2 Mr. Jon Elam, City Manager May 29, 1985 that you will find that both of these opinions are consistent with the interpretation I gave the Council as to an "officer of the law". The Attorney General from Minnesota h~e indicated that in their opinion that is a duly qualified peace officer pursuant to Minnesota Statutes 626.84-626.85. This means that even if the Council were to change the public dance ordinance, the licensee could not use security guards or other people ~ho might be cheaper. I again call to your attention and the attention of the City Council that you place your police officers in a very embarassing position if they are paid directly by the licensee, since they really then lose their status as a City employee and become an employee of the licensee. It also is extremely difficult for that officer then to go on duty several hours late~ and be placed in a position where he.must monitor and enforce the laws against the licensee. The provisions in the existing public dance law were included after much direction and 'thought by the Council back in the 1970s, and it was their opinion at that time that the regulations would best serve the City of l~ound. .If three members of the Council wish ~o change those regulations, they can do so by amending the.ordinance, but they cannot avoid the provisions of the ~tate statute. CAP:ih Enclosures Very truly yours City Attorney / 9 zf Jf M ? ~r. Robert A. Matt City Attorney Box 27i Past Grand forks, M~ ~67.1 Dear ~;r. Matt: This is in reply to your letter concerning the authority of fast Grand forks, a city of the fourth class operating under a home rule charter, to issue dance permits pursuant to the provisions of Minn. Stat. ~S 624.42 to 624.54 (1980). You indicate that the city charter is silent as to the matters raised by your questions. Your first question is whether it is mandatory that the city issue permits 'before allowing a "public dance" or operation of a "public dancing place' as those terms are defined in section 624.4['. Ibis question is answered in the affirmative by reference to sect]on 674.43 which provides: It shall be unlawful for any person to give, hold, or conduct a public dance unless the owner or proprietor of the public dancing place, or the person giving the same or in charge thereof, shall first have procured a permit to hold, give, and conduct such public dance from the public authorities hereinafte£ designated, as hereinafter provided. Subject to a proviso not applicable here, section 624.44 states that "[i]n all cities of this state the permit must be procured from the governing body of the municipality .... " Your second, third, fourth and eighth guestions are concerned with whether certain dances sponsored by clubs for their members, wedding dances, and dancing facilities provided by business establishments constitute the conduct of public dances or dancing places within the contemplation of the statute. }'.r. Rdbert ~. Matt view of the factual determinations involved; see Ops. ~tty Gen. 802-~-2, January 2, 1925, and 802-A-3, July 7, 1948, wherein this office declined to answer comparable questions under this statute in view of the factual determinations required. Your fifth question is whether the city may issue an annual monthly dance permit rather than one for each dancing occasion. This question is answered in the affirmative by reference to section 614.44 which states, in part, that "[s]uch permits may be issued for one or more public dances or fo'[ a period of time not exceeding one year .... Your sixth question is whether a person or organization, other than the permitee, may sponsor a public dance on the premises of the permittee without obtaining a separate permit. This question is answered in the negative by reference to an opinion of the attorney general dated January 31, 1924 (1924 Attorney General Reports ~o. 107) which concluded that ~he intent of the statute, read as a whole, was to require permits to be held by those actually putting on a public dance. Your seventh question is whether the city may establish and uniformly enforce a permit fee schedule-pursuant to section 624.45.. Ibis question is-answered in the affirmative. The cited section, as well as section 624.44, specifically authorize the imposition of permit fees by the city. Your ninth and tenth questions have to do with the qualifications of persons designated to perform the functions of "officer of the law" at public dances as required by section 624.50 which provides: It shall be incumbent upon the person to whom such .permit is issued to have an officer of the law present at every public dance to be given or held thereunder during all the time the public dance is bein9 held. In the case of a public dance to be held or given in a city, such officer of the law shall be designated by the chief peace officer thereof. In all othe~ cases such officer of the law shall be designated by the sheriff of the county.. In all cases the fees and expenses of such officer of the law shall be paid in advance by the ~erson to whom the permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person to whom the permit has been issued shall be responsible for his acts and conduct and ther'e shall be no liability for his acts and Mr. Robert A. Kart - 3 JAfi ~7 19~I conduct on 'the part of the officer designating him under the provisions of section 624.42 tO 624.54. In Op. Atty. Gen. 802-A-16, December 24, 1942 (1942 Attorney General Reports ~o. 200) this office noted that "officer of the law" has been defined to mean "peace officer" and concluded that, as used in this statute, "officer of the law' means a public officer, notwithstanding the reference to "any person, not a public officer .... " Consistent with this opinion, it is my view that the statute should be construed to require the presence, at a public dance, of a person duly qualified to function as a peace officer pursuant to Minn. Stat. SS 626.84 to 626.855 [Peace Officer Iaining] (1980) and regulations promulgated the£eunder. Copies of the cited opinions are enclosed. Very truly yours, MRG:dml M]C~.EL R. GALL~GH£R Special ~ssistant · ~.ttorney General Peace officer,---Duties of "officer of the law" defined--Presence at public dances--IM27 § 10170; (MS 41 § 617.50). State Division of Employment and Security. Opinion As to the proper construction of Mason's l~finnesota Statutes 1927, Section 10170. The section reads as follows: "It shall be incumbent upon the person to whom said permit is issued to have an officer of the law present at every public dance to be given or held thereunder during all the time said public dance is being held. In the case of a public dance to be held or given in a city, village or borough, said officer of the law shall be designated by the chief peace officer thereof. In all other cases said officer of the law shall be desig- hated by the sheriff of the county. In all cases the fees and expenses of such officer of the law shall be paid in advance by the person to whom said permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person or persons to whom said permit has been issued shall be responsible for his acts and conduct and there shall be no liability for his acts and conduct on the part of the officer designating him under the provisions of this act." 1. It is noted that the words "officer of the law" are used five times in this section. Is this "officer of the law" a public officer ? "Officer of the law" has been defined to mean "peace officer." 29 W. & P. 360. Our conclusion is that the "officer of the law" mentioned in Section 10170, supra, is a public officer. A public officer, as such, is not the employee of any private person or entity. A public officer owes rio obligation of loyalty to any individual as such. His responsibility and loyalty is owing to the public or, all of the people. An opinion was rendered April 25, 1936, by this office, wherein it was held that the proprietor of a dance hall could not be appointed an officer of the law under this section. Neither could an employee of the proprietor of the dance hall be appointed such officer 8f the law. The reasons assigned for the conclusions were that the interests of the proprietor and the interests 300 MU ' C PA , TIES of the public might be inconsistent, and in the performance of his duty the officer must be free from any consideration other than that of the public. The opinion of January 28, 1938, is inconsistent with this one. It is hereby superseded. 2. What is the meaning of the words "any person, not a public officer," in the last sentence of the quoted section ? It is our opinion that this must be considered as if it read: "In case any person, not having any official position at the time of his selection, shall be designated as such officer of the law, * * *." The only significance of the last sentence in' the section is that when a person, not having any official status at the time he is selected, is designated as a special officer to serve only in the capacity mentioned in the section, the officer making the desig- nation shall have no liability either by statute or common law, such as might follow if this sentence had not been inserted in the section. If the person designated was a deputy sheriff at the time of his designation to this special duty, then the last sentence of the section .does not apply to him. But, in either event, he is a public officer. 3. Of what significance is the fact that the quoted section requires the proprietor of the dance hall to pay the fees and expenses of the officer of the law ? l~lone. The law requires the performance of many duties on the part of public officers, especially sheriffs, at the instance of a citizen. The citizen pays the fees for the service. It is the duty of the officer under the law to act, but the citizen has no power of direction over the officer. The law directs him. As an example, the citizen delivers to the sheriff an execution which requires the sheriff to levy upon the property of the judgment debtor not exempt from execution. If the citizen directs the sheriff to levy upon property which is exempt from execution, the sheriff has no obligation to follow his direction, and, in fact, it is the sheriff's duty not to follow such direction of the citizen because the law forbids. The duties performed by the officer are such as the law requires. The citizen ha~ no control. 4. Neither has the proprietor of the dance hall any authority to dis- charge the officer of the law, and he has no power to nominate. His sugges- tions have no binding effect, upon the appointing power. Irrespective of what the practice may be' in certain localities, it is our opinion that this is the proper construction. The statute cannot be repealed by practice not author- ized. 5. The question is submitted whether the proprietor of the dance' hall has any authority to control the officer of the law. Our conclusion is that he has not. The mere fact that he is responsible for the conduct of the officer mentioned in the last sentence of the section-- one who was not a public officer at the time of his designation- does not ' MUNICIPALITIES 301 give him any po~'er of direction. It is an obligation that the pyoprietor voluntarily assumes by becoming such proprietor. J. A. A. BURNQUIST, Attorney General. December 24, 1942. 802-A-16 took effect Tuesday and could last'iis long ns two weeks while a'city policy · on shut-offs ts modifled~ "We're -lng that the period of shutdown is ns short as a week or two;*' he saldj . _ '.-:;;.:~.:. ~. ,.~'~ ,'f.,~.~ The'action came afterttwo"south l~nnenpolb roommntes,:-wh~e wa- ter was shut off May I, sued the city In mid-May and snld':th~e-~hut~off came beetle they would 6'~t-pay water 'bills that'a prevlo~q tennnt had left unpaid. On May' 15 the City agreed to turn their wnter'l~ck On:tf the roomnmtes, Debo~l~ Freeman and l~rb Bi~onnette, l~d for water Barb'-BL~sonnette. ~rhe wide open on :~' =t~m~'-.mom~u~ by ~:~yond"~e ~- ~vol~ng ~e women m include un~d b~ ~ e~t~ to ~e~ an average, ofla~ut 150 c~me~ a ~1o ~d"cl~'of~d~ were a modlfled::h~g 'pr~eOure tn which c~omem ~a a complaint a~ut ~e~ bill would go ~fore a hea~ng officer, w~o would not employed by the Water Oepa~en~ He said if the ¢u~omer did not pa-ya bill or. chose not to go before a hear- lng'officer, then the.water would be U ' ~-~:-'~.-: -., '..2-~ . - ' sht off..: .... -._.~.-..-./.:.~.- -. - CU~t°m~i's how h~{e 20 days] to pay water bills and are sent a reminder and a final notice If payment is not 'received. $immie' Hayek,' the ~ity water 'works director, said the cl~ Usually shuts off water about 10 days lifter the final notice. Typically, he said, three months elapse between the date of the first bill and the final llotlce.: ' .' ' ':.: ,../ Pry said he and his clients are nsk- lng for a "formal change In/.he wa- ter department's long-held l~licy' of billing the property, not'the custom- er." He said the ~egal Aid Society has talked to the water de .payment about tis bUling policy In the past, but "now we-want to see sul~-~anttal change la. thetr policies..." BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Cynthia A. KitlinsKi Leo G. Adams Harry Seymour Crump Terry Hoffman Robert J. O'Keefe Chair Commissioner Commissioner Co~missioner Cor~issioner In the ~atter of the Petition of Continentat. Telepnone Company of ~qinnesota, Inc., Minneapolis, Minnesota, for Authority to Change its Schedule of Telephone Rates for Customers Within the State of Minnesota. DocKet No. P-407/GR-85-234 ORDER ACCEPTING FILING AND SUSPENDING RATES PROCEDURAL HISTORY On April 19, 1985, Continental Telephone Company of Minnesota, Inc. (Continental or t~e Company) filed with the Minnesota Public Utilities Commission (the Commission) a petition to increase telephone rates pursuant Minn. Stat. § 237.075 (1984). The Company has requested an annual rate increase of $7,316,741. On May 3, 1985, the Minnesota Department of Public Service (bPS) submitted comments recommending acceptance of the filing subject to five conditions. Also on May 3, 1985, t~e Residential Utilities Division of the Office qf the Attorney General (RUD-AG) submitted comments on the filing, recon~mending that it be rejected. On May 8, 1985, the Company filed a response to the comments filed by the bPS and the RUD-AG. The Company's filing is based on a projected test year ending Decemoer 31, i955. The filing contains t,o months of actual financial ~ata for 1925 and ten months of pFojected financial Oata. The major components of rate base are presented on an end-of-test-year basis. The test year income s~atement is annualized to the year-end level. Zn its comments of ~qay 3, 1985, the CPS noted that there are no currently established telephone filing requirements and requested that the Commission establish specific filing requirements regarding the definition of an appropriate test year. The bPS stated that such guidelines would reduce the uncertainty facing a company when preparing a filing as well as eliminate the controversy that may arise later in a proceeding concerning the appropriateness of the test year selected by a company. Tne DPS recommended acceptance of Continental's filing subject to the following conditions: 1. Continental must provide one financial update using additional actual data. 2. Continental must be limited to one, and only one, update of the filing for actual financial data. 3. The updated information must be filed no later than five weeks prior to the deadline for intervenors' direct testimony. 4. The method for allocations must not differ from the originally filed rate case. Tne updated filing must include all workpapers anq explanations of changes in data that differ from the originally filed rat6 case data and reconciliation schedules which start with the originally filed financial data and indicate all line items and adjustments required to reach the company's updated financial data. The bPS stated that these conditions would ensure that intervenors have reasonable time to evaluate all information included in the evidentiary record so they are ~etter able to provide the Commission with sound analysis. Further the bPS reserved the right to propose the use of a different test year than the one submitted by the Company but stated that tne Conditions requested are necessary to insure a thorough evaluation of the Company proposal. - 1 - In its comnents of May 3, 1985, the RUD-AG recommended that Continental's filing be rejected because it is essentially the same as the Company's previous rate filing (~.ontinental Telephone Company, Docket No. P-407/ GR-84-725, January 22, 1985) which was dismissed by the Commission. The RUD-AG stated that Continental's filing contains two months of actual financial data and that the Company believes that it will be able to provide total of six months of actual financial data at the time of evidentiary hearings. The RUD-AG claimed that Continental's proposal did not provide sufficient data to meet the Commission's concern that there be sufficient evidence in the record upon which to base a decision. In Continental's last completed rate case (Continental Telephone Company, Docket No. P-407/GR-83-294, March 23, 1984), wherein the evidentiary record contained six months of actual data, the RUD-AG proposed an adjustment involving Continental's cash unreserved account. The RUD-AG argued that the Commission rejected the proposed RUD-AG adjustment and is defending its action in court by arguing that the Commission could not make the adjustment without knowing the amount Of interest revenues for the entire test year. The RUD-AG stated that the same adjustment is needed in this filing. The RUD-AG asserted that, if the Commission accepts this filing, the' Commission will be imposing an impossible burden of proof on the RUD-AG since the Commission requires twelve months of actual data to support financial adjustments. The RUD recommended rejection of the filing because the evidentiary record will not include twelve months of actual financial data. In its May 8, lg85, filing, Continental responded to the comments of the DPS and the RUD-AG. Regarding the DPS comments, the Company stated that it is aware of the DPS' concern regarding the updating-of-information issue. However, the Company stated that the issues raised by the DPS are more properly addressed by the adoption of filing requirements which would apply to all telephone companies and would be known by all parties in advance of filing. The Company stated that it had met the requirements of Minn. Stat. § 237.075 (1984) and Minnesota Rules, part 7810.6500. The Company stated further that~ if the Commission desired to address the update issue in this proceeding, it suggested that broad guidelines be given'~o the Administrative Law Judge (ALJ) who would be able to apply them while retaining flexibility in ~chedulin9 the c~se. In addressing the RUD-AG position that the Company's filing should be rejected, Continental stated that such position is totally without merit, reiterating that the Company had met the current statutory and regulatory filing requirements and that its case should proceed to hearing. The Company explained that this case was filed using · lg85 calendar test year with two months of actual financial data and ten months of projected financial data. The Company stated that this methodology is precisely the same it used in its last approved general rate case (Continental, P-407/GR-83-294). The Company further claimed that the RUD-AG argument that this case be dismissed because of difficulty in developing information concerning the Company's cash unreserved account in the last rate case was not meritorious and that the RUD-AG adjustment was rejected because the RUD-AG failed to ask the right question to develop the factual record. Based upon the Company's filing and after due deliberation, the Commission makes the following findings and conclusions: FINDINGS AND CONCLUSIONS The Commission appreciates the parties' concerns regarding the lack of rules governing telephone filing requirements for telephone rate increases. It is currently in the process of promulgating such rules and anticipates that the partieslin this proceeding will contribute to the rulemaking process. The Commission finds the argument of the RUD-AG to reject Continental's filing unconvincing. It is not unusual for a company to provide projected financial data in conjunction with a future test year. Intervenors are able to make adjustments to the company's projected data by obtaining, through discovery or cross examination, the test year data for the adjustment. The Commission does not, and could not, expect intervenors to have actual financial data for a period of time that has not yet transpired. The Com~nission notes that, in the prior case, the record lacked not only evidence for the full twelve months of the dollar adjustment but, equally important, -2- lacked evidence of the equitable 9rounds upon which the Commission could reject the standard accounting treatment for the funds at issue and adopt the RUD-AG adjustment. As it indicated in its orders in the last case, the Commission expects the parties to address the issue of cash unreserved account and the interest earned on these funds in greater depth in this case. At the same time, the Commission realizes that the concerns expressed by bPS relating to the updating of information.in this case shoulO be recognized and addressed. Updating of testimony and financial information during a rate case nas led to problems in prior race cases that the Commission is anxious to avoid in this case. It recognizes its responsibility to avaluate and incorporate some of the r~commendations made by t~e bPS. The Commission finds that many of the concerns raised by the DPS go beyond procedural issues and, to a degree, define the scope of the evidence to be presented in the case. By defining the parameters for the admission of evidence of updated financial data at this time, the Commission believes that the conduct of the hearing will be expedited without prejudice to any party. The Commission finds that the DPS' proposed conditions numbers l, 2, 4, and 5 are reasonable and will facilitate the development of an accurate and fair record in this case. However, the Commission will not adopt condition number 3: -- "The updated information shall be filed no later than five weeks prior to the deadline for intervenors' direct testimony" -- because this may limit too narrowly the options available to the ALJ to schedule filings and hearings. The Commission will require the Company to submit its financial update with sufficient lead time for all parties to review the update and thus ~irects the ALJ to establish a specific date for the submission of Continental's update upon the motion of any party. This process will insure the flexibility of scheduling that is necessary to permit as much actual financial information as possible to be in the record to help the intervenors and the Commission in evaluating the rate case. The Commission accepts the notice filed by Continental and concludes that the notice is sufficiently complete for the purpose of commencing an investigation of the appropriateness of the requested change in rates. The Commission may require additional information to be supplied by the Company ~itnin ten'days of an information request from the bPS or any other party to this proceeding. By so doing, the Commission takes no position concerning che propriety of the information provided. A nearing by the Commission is necessary to determine whether the rates are fair and reasonable. The schedule of proposed rates will oecome effective on June 19, 1955, unless suspenOed by the Commission. The interest of the public will not be served unless the proposed rates are suspended for a period of ten'mont~s from the filing date while an investigation into the reasonableness of the rates is conducted. ORDER The petition of Continental Telephone Company of Minnesota, Inc., filed pursuant to Minn. Stat..§ 237.075 (1984), is accepted subject to the 'following conditions: a. Continental must provide one financial update using additional actual data. b. Continental is limited to one update of the fill.rig of actual financial data. Co Continental must submit its financial update with sufficient time for the other parties to review it. The ALJ shall set a specific date for the submission of Continental's financial update upon a motion of any party. Continental must make its financial upOate using the same allocation methods it used in its original filing. Continental's financial update must include all supporting workpapers, explanations of changes in data from ~he original filing, and reconciliation schedules which start with the originally filed data and indicate all line items and adjustments required to reach the amounts shown in its financial update. The DPS shall initiate an investigation to determine the reasonableness of the proposed change in rates. 3o An information request shall be issued by the DPS and any other party when requesting supplemental information. Such request shall be answereo by the Company within ten days of receipt of the request. In a later Order, the Commission will set this matter for hearing to Oetermine whether the proposed rates are fair and reasonable. The operation of the proposed schedule of rates is suspended until the Commission reaches a determination as to whether the proposed rates are fair and reasonable or until February 19, 1985, whichever occurs first. 6o The Commission will determine, by later Order, a schedule of interim rates to be charged by Continental during the period of suspension. Tn, Company shall Keep such records of sales and billings under the interim rates as will be necessary to compute any potential refund. The Company shall give written notice, as approved by the Commission, of the proposed. Fhange in rates to the governing body of each municipality and county in the area affected and shall submit an affidavit of such service to the Commission within 45 days of the service date of this Order. go The Company shall give individual written notice to each customer whose rates are affected (including contract customers) by the proposed increase. This customer notice shall be includeO as an insert in the first ~ill rendered after the effective date of the interim rates. continental shall su~mit the proposed notice, and any other billing inserts proposed for the billing cycle, for prior Commission approvgl. The Commission authorizes the Executive Secretary of the Minnesota Public Utilities Commission to enter Orders on behalf of the Commission varying time requirements for the filing of pleadings and other documents anO determining the conduct of this proceeding before the Commission according to the standards set forth in Minnesota Rules, part 7830.4400. Any party adversely affected by any Order issued by the Executive Secretary, varying such filing requirements or regarding other matters, may file a motion to reconsider, vacate, or modify the Order within ten days after its entry or one day prior to the filing deadline or occurrence of an act directed by the Order. Any motion for reconsideration, vacation, or modification small be heard by the Minnesota Public Utilities Commission. ll. This Order shall become effective immediately. SE'RV !CE DATE: jFG/K~no (0240A) 8Y ORDE, OF T.E COM. SSXO. .'y,~ ..... ,, .. ,~--, ; ...,:? Oanet F. Gonzalez~ ~. Acting Executive Secretary (SEAL) -4 - JUNE 3, 1985 MOUND "CITY" DAY COMMITTEE FROM: HAROLD MEEKER AND NANCY CLOUGH SUBJECT: REVIEW OF COMMITTEES AND EVENTS EVENTS WE ARE SURE OF: 1. DOOR PRIZES: HAROLD MEEKER REPORTED THERE ARE NOW 40 DOOR PRIZES AND ONE "GRAND DOOR PRIZE", A 1975 FORD CAR. 2. OLDEST YOUNGEST CONTEST: RALPH PAZ 3. CRAFTS: 4. FOOD: CLARA PAZ HAS MADE SOME CONTACTS. MAGGIE GILBERTSON AND CLARA PAZ WILL WRITE A LETTER EXPLAINING OUR PLAN AND WHAT WOULD. BE EXPECTED (10% OF THE DAYS SALES) TO SET UP A BOOTH. GIRL SCOUTS AND PINKY CHARON 5. PUBLICITY: BARB DEVICK WILL PUT AN OPENING PIECE IN THE "LAKER" THIS WEEK. ALSO THE CHAMBER OF COMMERCE WANTS TO PUBLISH AN ARTICL]~o HAROLD MEEKER IS SUBMITTING ONE. KIDS ACTIVITIES: DEE MAAS AND NANCY CLOUGH WILL COORDINATE WITH JACKIE MEYER' S HELP. NANCY JEAN'S INC.~ WILL DONATE PRIZES. POLICE CANINE DEMO: LEN H. ARRELL SCUBA DIVING DEMO: 'ROB AND JIM ZWIEG BOAT RIDES: AL AND ALMAS WILL SELL RIDES $2 EACH, STARTING AT 10 A.M., RIDES AROUND "BIG ISLAND" AND SELL: POP AND BEER. MOUND FIRE DEPT DEMO: GREG ANDERSON 8. 9. 10. EVENTS WE ARE STILL WORKING ON: ONE HOUR 1. PUPPET SHOW: NANCY CLOUGH IS CHECKING WITH LOIS PETERSON. 2. BINGO: NANCY CLOUGH WILL CHECK WITH JOHN ROSCH, VFW. 3. EVENING DANCE: STILL LOOKING FOR A EVENING GROUP, $200. RUBIN HARTMAN OFFERED HIS STERO IF WE CANNOT GET A GROUP. 4. HOT AIR BALLOON: NANCY CLOUGH HAS SENT A LETTER TO KS95. 5. PUBLICITY: NEED COMIMUNITY PUBLICITY AND SIGNS. KATHY KLUTH GENERAL DISCUSSION WAS HELD CONCERNING MONIES (PINKY CHARON, PHYLLIS JASSEN, AND KATHY KLUTH TO HANDLE.). SUGGESTED WE BANK MONIES FOR NEXT YEAR'S EVENT. (bDTION PASSED) WE NEED TWO NAMES TO DEPOSIT IN THE MOUND STATE BANK. ALSO DISCUSSED THE SALES OF TICKETS: GRAND DOOR PRIZE SELL ALL DAY WITH A Dk~WING AT 0700 P.M. HOURLY DRAWINGS WILL BE 5/$1.00 OR 25¢ A PIECE AND WE WILL HAVE SOMEONE (A COMMUNITY PERSON) ANNOUNCE THESE DURING THE HOUR. MOUND "CITY" DAY COMMITTEE MEMBERS: Harold Meeker Nancy Clough 5132 Waterbury Road 5132 Waterbury Road Jim Devlck Barb Devick Greg Anderson Dee Maas Gary Paulsen Gordon Swen.son Kathy Kluth Ruben Hartman Raphel Paz Clara Paz Cheryl Burns ,. Robin Michael Linda Panetta Phyllis Jessen ~ggle Gi'lbcrtscn Glen & Alice Rogers Bob & Joan Polston Lea Harrell, Police Chief Don Bryce (Fire Chief) Dick Meyers (Meyer's Mound Service) Mike Beise Mark Anderson PINKY CHARON 1OO5 Sunnyfleld Road 1005 Sunnyfield Road 4924 Plymouth Road 5959 Idlewood Road 2657 Westedge Blvd. 4400 West Arm Road, Spring Park 4432 Denbigh Road 5124 Windsor Road 2953 Oaklawn 2953 Oaklawn 3245 Dexter Lane 1713 Avocet Lane 1759 Lafayette Lane 5189 Emerald Drive ~,~ Waterbu.y Road 5116 Waterbury Road 5780 Lynwood Blvd. 5341Maywood Road 2620 Commerce Blvd. 2620 Commerce Blvd. 5128 Drummond Road 2378 FAIRV1EW L~NE 472-6682 472-6682 853-381~ work 472-4347 ~72-4347 472-5247 472-4827 472-3725 471-7335 472-5089 472-1023 472-7658 472-7658 472-4016 472-4216 472-6040 472-4519 472-2288 472-3314 472-5520 472-3711 472-4085 472-7755 472-7755 472-1441 4?2-5603 May 31, 1985 TO: Metropolitan Area Local Officials Metropolitan Council 300 Metro Square Building Seventh and Robert Streets eot. Paul, M~nnesota ~r-o101 Telephone (612) 291-6359 A year ago we held a series of meetings with local officials around the region to hear your concerns about the Metropolitan Co~]ncil. This year I would like to once again meet with you to discuss the Council's priorities for 1986 and the impact that has on the budget. These regional meetings, which have been held since 1976, are also an excellent opportunity to hear any concerns you may have about Council-related issues. My plan is to hold one meeting for each county plus'a separate meeting for the Cities of St. Paul and Minneapolis. We'll meet for a dutch treat breakfast at 7:30 a.m. The Hennepin County meeting will be on Tuesday, June 25 at the Kopper Kettle Restaurant, 225 Central Avenue in Osseo. During the year we were able to get the new Regional Transit Board, which was created by the 1984 Legislature, up and running. We've also made some inroads in redefining how the region manages its solid waste. Our program is currently in the Legislature and we'll have more information on that by the time we meet. For 1986 the Council has set six issues as priorities for 1986. Th~se include: 1) An analysis of whether changes in funding have hurt the ability of local governments to deliver public services. 2) 3) Enlarging the Council's role as a regional data center. ImProving the region's long-term care system for elderly and handicapped people. 4) Recovering resources from trash instead of burying it in landfills. 5) Improving the Council's metropolitan commission "oversight". 6) Studying the region's long-range needs for public transit. I look forward to seeing you at the breakfast meetings and getting your reaction .to these priorities. Please R.S,V.P. Rosemarie Johnson at 291-6391. We've also invited legislators and members of the regional commissions IMetropolitan Waste Control Con~9. ission, Regional Transit Board and Metropolitan arks and Open SPace Commission). i~cerely, ,~ x- Sandra S. Gar~ring ~ Chair cc: Clerks, City & County Administrators, School Superintendents & Board Chairs, City Council & Town Board Members An EqualOpportunity Employer HENNEPIN _IL DEPARTMENT OF ENVIRONMENT ~ND ENERGY A-'1603 Government Center Minneapolis, Minnesota 55487-0163 6'12-348-6846 May 22, 1985 City of Mound Compost Distribution Coordinator 5341Maywood Road Mound, MN 55364 1985 Compost Distribution Tnis spring's compost distribution program is a success, due to your support. Through our joint efforts, approximately 1,600 truckloads of leaf c~post were distributed. The distribution locations in St. Anthony, Robbinsdale, Brooklyn Park, fhamplin, Bloomington, Plymouth, Wayzata, Edina, Mound, Excelsior, Minneapolis, Brooklyn Center and New Hope, along with the sites in Hopkins, Eden Prairie and Maple Grove, have proved to be convenient for, and well received by, .the general public. Minneapolis's free delivery program, which accounted for over 1,250 truckloads of compost delivered, was extremely successful, and shows both strong administrative and financial commitment. ~he use of public service announcements on TV and radio, as well as the printed media, proved valuable. Your continued support for this worthwhile program is appreciated. We request that the "Free Compost" signs provided to distribution locations be stored by the various cities until next year's leaf compost distribution program. · Once again, thank you for your assistance. Sincerely, Mark S. Banwart Planner HENNEPIN COUNTY on cquol opportunity employer leaBue of May 24, 1985 rninne'sota oities TO: FROM: RE: Mayors, Manager, and Clerks ~~~ f~ Donald A. Slater, Executive Director Proposed Amendments to the League of Minnesota Cities Constitution Enclosed is the package of proposed constitutional amendments endorsed by the League of Minnesota Cities Board of Directors for your review. On May 16, the LMC Board of Directors unanimously approved a package of proposed constitutional amendments for consideration at the annual meeting on June 13, during the LMC 1985 Annual Conference. In keeping with the practice of prior years, I am happy to transmit these amendments to you so that city officials may be aware of amendments well before the annual meeting. The most important of the amendments involves the dues structure, establishing a new three-year dues schedule as part of the constitution. Those city officials who attended LMC's annual meeting in Duluth in 1984 will recall that the 1984 Dues and Services Committee proposed that the LMC Board of Directors be charged with setting the dues, beginning in 1985. The membership rejected this proposal. As a result, the Dues and Services Committee was called back into session to develop a recommendation concerning the dues schedule. That committee recommended a three-year schedule involving a 7.5 percent increase for 1986 and a six percent increase for 1987 and 1988. The Dues and Services Committee concluded, and the Board of Directors agreed, that these increases would be the minimum necessaYy funding for the League to maintain the quality and quantity of services which the membership desires and expects. The Committee understood that the proposed increase exceeds the current rate of inflation, but reviewed the fact, that the League's budget is not 100 percent financed by dues income; and that a 7.~5 percent dues increase is necessary to produce a five percent overall funding addition. Secondly, the League must purchase a number of services and goods (for example postage and printing supplies), which exceed the current inflation rate. Finally, the Board has devoted additional resources to certain activities in response to member service demand, particularly, regional meetings and computerization. -over- university avenue ease, sC. paul, minnesota 55 Mayors, Managers, and Clerks Page 2 May 24, 1985 In the course of the 1984 debate on the dues proposal, some other issues were identified. These included the fact that, should the membership reject a future proposal dues adjustment, the LMC would have no applicable dues schedule. Other concerns emerged concerning the lack of a more complete ability to offer alternatives and amendments to constitutional amendments under consideration at the annual meeting. LMC convened a Constitutional Committee to consider these problems. The committee recommended amendments which would 1) leave the last adopted dues schedule in effect should the members reject the proposed adjustment; 2) provide for a limited process to amend proposed constitutional amendment during the annual meeting; 3) clarified that the annual meeting could adopt special rules; and 4) Produced a comprehensive technical amendment which would make the constitutional gender neutral. If you have questions or concerns regarding these amendments, please feel free to contact Stan Peskar or me at the League office. DAS: lw leaBue of rninnesota oities May 21, 1985 TO: FROM: RE: 1985 LMC Annual Conference Delegates Stan Peskar, General Counsel Proposed Constitutional Amendments Following are several proposals for amending the League Constitution at the Annual Conference. When any change to a section is proposed, the entire section is set out with deletions indicated with strike outs and additions shown by underlining. 1. Gender neutral language ARTICLE IV OFFICERS AND COMMITTEES Section 2. The president and vice president shall each be elected annually for one-year terms. Twelve directors shall be elected for three-year overlapping terms. In 1974 four of these shall be elected for three-year terms, four for two-year terms and four for one-year terms.; thereafter four shall be elected annually for three-year terms. Elections shall be held at the official business meeting at the annual convention. Officers shall hold office for their designated terms, and until their elected or appointed successors have signified their acceptance. The newly elected officers shall take office immediately after the close of the annual convention. The immediate past president shall serve as a member of the board of directors ex officio for one year, so long as he or she holds municipal office, and the president of the Association of Metropolitan Municipalities shall serve ex officio. Section 5. The president shall be chairman of the board of directors. Re The president shall preside ~em~em~ at the annual business meeting and all other meetings of the League, but Re may designate others to preside instead ~e~-N~m. Re The president shall appoint all committees established by the board of directors or by the constitution and shall appoint representatives of the League to such non-League bodies as may be appropriate. Section 7. The executive director shall be the chief administrative officer of the League, subject to the general supervision of the board of directors. Re The executive director shall be appointed by the board of directors for an indefinite period and may be removed by the board of directors. Re The executive director shall appoint the League employees and shall administer the League office and the League services. Ne The executive director shall prepare an annual budget of revenues and expenditures for the 1~3 oniversiCyavenueeasC, sC. paut, minnesoCa 551 01 (812) 227-5800 /~ May 21, 1985 Proposed Constitutional Amendments Page 2 consideration of the board of directors and shall limit expenditures to the total budget approved by the board of directors. Re The executive director shall submit to the board of directors and to the membership an annual report of League affairs, services and finances which shall be published in the Leagues official publication. Re The executive director shall have charge of the League records, accounts and property?~ Re shall cause an official record of all meetings of the League to be madev ~e and shall act as treasurer and handle~all League funds. The executive director and employees designated by h~m the executive director shall post a corporate surety bond at League expense. The accounts and finances of the League shall be post-audited each year by a public accountant selected by the board of directors. Section 9. A special committee shall be appointed by the president every three years to study League dues and League services, commencing with the appointment of such a committee in the fall of 1983. Additionally, special committees may be authorized by the board of directors for the purpose of studying municipal problems, conducting schools, making legislative recommendations or other appropriate League service. The chairmam of each such committee appointed by the president shall, on the completion of ~&e the committee's work, make a report to the board of directors, convention or legislative conference in such form as the executive director may request. ARTICLE VI LEGISLATIVE pROCEDURE Section 1. Except as otherwise provided in this article, no official commitment shall be made by the League on any proposed state or federal legislative matter unless it is approved by the legislative committee and is further approved by a two-thirds favorable vote of the delegates present and voting at the annual business meeting or at the regular oc a special legislative ~onference to which all the member municipalities are invited; but no proposal.shall be made part of the League legislative program under this section or section 2 if the'municipalities voting against it include all the- cities of any one class and if such proposal is by its terms applicable to such class of municipalities. The vote on any legislative matter shall be by acclamation; but at any time before the result of the vote is announced, the presider e~m&emam may, and shall, if requested to do so by ten or more delegates present, submit the question under consideration to a vot~ by municipality, in which case each member municipality represented shall have one vote. Section 4. A legislative committee shall be created prior to each session of the legislature to consist of the chairmem~ of any special committees studying legislative matters and the members of the board of directors. 2. New members to pay (building) assessments as well as dues (conforming the constitution to current practice.) ARTICLE III FEES AND DUES Section i. Any municipality in Minnesota desiring to become a member of this League may do so upon signifying a desire to do so and paying ef the annual duesv and any outstandin~ assessment. May 21, 1985 Proposed Constitutional Amendments Page 3 3. Dues schedule ARTICLE III FEES AND DUES Section 3. The annual dues for each member municipality shall be based on the schedule or schedules set out as appendices to this constitution, which shall be adopted or amended in the same manner as other parts of this constitution. If no new dues schedule is adopted for a ~iven year, the dues schedule in effect for the most recent prior year shall remain in effect. The total dues for each member as thus calculated shall be rounded to the nearest dollar. (See attached proposed new dues schedule.) Rules of procedure at meeting (Conforming the Constitution to current practice.) ARTICLE V MEETINGS Section 2 ............ Action on legislative matters and on amending the constitution shall conform to the voting requirements set forth in Articles VI and VII respectively; The conference may adopt further rules ~overnin~ its proceedings. Otherwise parliamentary procedure shall be according to Roberts Rules of Order. 5. Amendments to proposed Constitutional amendments ARTICLE VII AMES~MENTS Section 1. This constitution may be amended after the'first day of the annual meeting by a two-thirds vote of all municipalities voting, provided that the proposed amendments shall have been prepared in writing on or before the first day of the meeting and distributed to the delegates. An amendment in writing, offered from the floor without prior notice to the delegates shall be permissible if it is an amendment to a proposed amendment, is on the same subject as the amendment it is proposed to amend, is ~ermane to the amendment it is proposed to amend and is approved by a two-thirds vote of delegates in attendance and voting. DUES SCHEDULES UNDER 7.5%, 6% & 6% INCREASES FOR FISCAL YEARS 85/86, 86/87 & 87/88 RESPECTIVELY 1984/85 DUES SCHEDULE POPULATION BASE 249 OR LESS ............................... 153 250-4,999 .................................. 52 PLUS 5,000-9,999 ............................... 422 PLUS 10,000-19,999 ............................. 912 PLUS 20,000-49,999 ............................ 3119 PLUS 50,000-299,999 ........................... 9234 PLUS 300,000 AND OVER ........................ 15565 PLUS APPENDIX A 1985/86 DUES SCHEDULE 7.5% DUES INCREASE 40.40 CENTS PER CAPITA 33.00 CENTS PER CAPITA 28.20 CENTS PER CAPITA 17.07 CENTS PER CAPITA 4.84 CENTS PER CAPITA 2.73 CENTS PER CAPITA P OPULAT I ON BAS E 2~9 OR LESS ............................... 164 250-4,999 .................................. 56 5,000-9,999 ............................... 454 10,000-19,999 .............. ' ............... 980 20,000-49,999 ............................ 3353 50,000-299~999 ........................... 9927 APPENDIX300'000 ANDB OVER~ //~,~/~ .......... i'~'~"~3-. .......J-~67~2 1986/87 DUES SCHEDULE 6% DUES INCREASE PLUS PLUS PLUS PLUS PLUS' PLUS 43.43 CENTS ~ER CAPITA 35.48 CENTS PER CAPITA 30.32:CENTS PER CAPITA 18.35 CENTS PER CAPITA 5.20 CENTS PER CAPITA 2.93 CENTS PER CAP%TA POPULATION BASE 249 OR LESS ............................... 174 250-4,999 .................................. 59 PLUS 5,000-9,999 ............................... 481 PLUS 10,000-19,999 ............................ 1039 PLUS 20,000-49,999 ............................ 3554 PLUS 50,000-299,999 .......................... 10522 PLUS 300,000 AND OVER ........................ 17736 PLUS 46.04 CENTS PER CAPITA 37.60 CENTS PER CAPITA 32.13 CENTS PER CAPITA 19.45 CENTS PER CAPITA 5.52 CENTS PER CAPITA 3.11 CENTS PER CAPITA APPENDIX C 1987,'o~ DUn~ SCHEDULE 6 % DUES INcg~SE POPULATION BASE 249 OR LESS ............................... 185 250-4,999 .................................. 63 PLUS 5,000-9,999 ............................... 510 PLUS 10,000-19,999 ............................ 1102 PLUS 20,000-49,999 ............................ 3767 PLUS 50,000-299,999 .......................... 11153 PLUS 300,000 AND OVER ........................ 18800 PLUS 48.80 CENTS PER CAPITA 39.86 CENTS PER CAPITA 34.06' CENTS PER CAPITA 20.62 CENTS PER CAPITA 5.85 CENTS PER CAPITA 3.30 CENTS PER CAPITA 300 Metro Square Bldg., St. Paul, MN 55101 Gcn~rzl Office Telephone (612) 291-63.59 REVIEW FRAN CLARK, MS. CLERK CITY ~F MOUND · , 53o,], MAY,~OOD RD A Metropolitan Council Bulletin for Community Leaders MOUIvJ MN 5536~ For more information on items in this publication, call the Communications Department at 297-6464. May 24, 1985 RECENT COUNCIL ACTIONS (May 13-24) Health--The-Metropolitan Council accepted for public comment a proposed policy statement that defines how changes in high-cost, Iow-volume specialized inpatient services will be reviewed in the future by the Council and the Metro- politan Health Planning Board. They will request a full project review for services that are clearly inpatient services for the entire Metropolitan Area, greater Minnesota, or for out-of- state patients, that cannot be delivered in an ambulatory setting; and in certain other cases. The Council accepted for public hearing a section of a revised health systems plan (HSP) dealing with developmental disabilities (DD). Following adoption of this component the DD plan will'be used as interim guide by the Council, Metro- poiitan Health Planning Board and DD Advisory Committee until the complete HSP is adopted later this year. The Council approved an application from Methodist Hospital to operate an adult open-heart surgery program. CompEehensive Planning--The Council decided not to change Spring Park's 1.990 allocation for sewage flow. The Council said it would increase Spring Park's allocation if Minnetrista decides to defer part of its flow-allocation or if the Council's regional sewer plan is amended to permit the changed allocation. The Council approved a housing plan amendment to Woodbury's comprehensive plan that, among other things, outlines how Woodbury will provide Iow- and moderate- income housing opportunities. The Council accepted 8e~hel's comprehensive plan. The Council suggested changes to the plan to make it consistent with the Council's new transportation policy plan and its Metropolitan Development Framework. Water Quality-The Council said that Chanhassen must change its environmental assessment worksheet on the planned Hidden Valley unit development to address possible adverse impacts on water quality. Otherwise, the community must prepare an environmental impact statement. Sewers-The Council approved amendments to the Metro- politan Waste Control Commission's 1984-1988 capital development program and its 1985 capital budget for the Middle Belt Line sewer interceptor. The Council said an environmental assessment worksheet prepared on a Coon Rapids trunk sewer was consistent with proposed amendments to the city's comprehensive plan and the Council's regional sewer plan, provided that Coon Rapids submit a comprehensive sewer plan to the Metropolitan Waste Control Commission and that the area slated for future construction not be developed until after 1990. Parks-The Council authorized a S750,000 grant to Dakota County to buy parkland for Miesville Ravine Park Reserve. Transportation-T~.e Council recommended funding for the Metropolitan Transit Commission's 1985 "Section 9" program of projects. The federally funded program provides money for transit operations, capital investments and planning projects. Waste Management-The Council decided to request proposals to study alternatives to disposing of sewage sludge ash in landfills. The Council also accepted the environmental impa~ statement for the proposed Ramsay/Washington Waste-to- Energy facility in Newport. GARDEBRING SCHEDULES BREAKFAST MEETINGS WITH LOCAL OFFICIALS Metropolitan Council Chair Sandra Gardebring has scheduled a series of regional breakfast meetings with local officials in each of the seven counties plus Minneapolis/ St. Paul. The meetings are an opportunity to discuss the priorities the Council has decided to focus on in 1986. The "Dutch treat" meetings, beginning at 7:30 a.m., will be as follows: June 17, Ramsay County--Holiday..Inn, 1780 E. County Rd. D, Maplewood. June 18, Carver County-Jay's Family Restaurant, 222 Chestnut, Chaska. June 20, Scott. County-Laker's Restaurant, Hwy. 13, Prior Lake. June 24, Dakota County:Jimmy's, 14990 Glazier Av. (codhty Rd. 42 and Cedar.Ay.), Ap. pie Valley. June 25, H~nnepin County-Copper Kettle, 225 Central Av., Osseo. June 27, Anoka County-Dolphin Cafe, 17646 NE. Hwy. 65, Ham Lake. July 1, Minneapolis and St. Paul-University Radisson, 615 Washington Av. SE., Minneapolis. July 2, Washington County-White Hat Restaurant, 11011 Stillwater Blvd., Lake Elmo. People who wish to attend a meeting may sign up by calling Rosemarie Johnson at the Metropolitan Council, 291-6391. COUNCIL NOW HAS '~DD" TELEPHONE NUMBER People with hearing impairments can now call the Council using a telecommunication device for the deaf. The Council's TDD number is 291-0904. Information about Coudcil programs and publications is available at that number. NEW APPOINTMENTS The Council appointed Jim Daly, Belle Plaine, to chair the Rural issues Task Force being formed to identify rural needs and problems in the seven-county area. The Council appointed the following 22-member committee: Anoka County: Leroy Hutchins, Bethel; Don Steinke, Columbus Twp. Carver County: Kathy Graf, Watertown Twp.; Louis Honebrink, Mayer; Larry Johnson and Harold Trende, Cologne. Dakota County: Ed Gergen, Randolph; John Poepl, Ver- million; Gerald Stelzel, Empire Twp. Hennepin County: Doris Conzet, Greenfield; Kermit Dietrich, Maple Plain; Lila Schmidt, Minnetrista. Ramsey County: Sr. Mary Mark Tachney, St. Paul. Scott County: Willard Brandt, Spring Lake Twp.; Don Tillman, Jordan; Ed Townsend, Belle Plaine. Washington County: John Baird, May Twp.; Paul Bischoff, West Lakeland Twp.; Mary Hauser, Birchwood; Ralph McHet-tie, Co,age Grove; Wesley School, Al'ton. PUBLIC HEARINGS, PUBLIC MEETINGS The Council will hold a public hearing July 8 at 5 p.m. in the Council Chambers to hear reaction to proposed amendments to its Wa~er Resources Managemen~ Deve/opmem Gu/de that outlines an accelerated schedule for implementing a solution to the region's combined sewer overflow problem. The public hearing draft of the amendments will be available in two weeks by calling the Council offices at 291-6464. For more informa- tion contact Charles Ballentine of the Council staff et 291-6381. An informational meeting on the same subject will be held June 12 at 7 p.m. in the Council Chambers. Long-Term Care--A conference to focus attention on changes needed in the long-term care system will be held on Tuesday, June 18, at the Radisson University, 616 Washing- ton Ay. SE., Minneapolis. "Reshaping the Long-Term Care Sy.stem in the .Metro Area: Recommendations for Change" is sponsored by the Metropolitan Council. Rosalie Keno, of ~he Rand Corp., Santa Monica, Calif., will be the keynote speaker. Registration fee is S20; register by June 13. For registration materials, call Carol Boreas at the Council, 291-6352. RECYCLING CONFERENCE TO DISCUSS TECHNIQUES USEDACROSS THE COUNTR~ "New Roles in Recycling," a conference June 19-20, will · give po. licymakers, business people and other~ a chance to hear about recycling and composting programs and techniques used across the country. Topics for the cor~ference include roles for ' local governments and waste management in.dustries, develop~ ing markets ~or recycled goods, promoting recycling and corn- posting, urban and rural recycling, and the compatibility of "high tach" methods like incineration and "low tach" alternatives like recycling. - Metropolitan Council Chair Sandra Gardebring will be a speaker at the conference, sponsored by the Council, the Minnesota Pollution Control Agency, the state Waste Manage- ment Board and the University of Minnesota. The conference will be at St. Paul's Ramada Inn. Registra- tion costs $50 for professionals in the waste management field, S25 f~r students and concerned citizens. For more information call Leslie Denny in the University of Minnesota's Professional Development Department, 373-5325. COUNCIL SEEKS APPLICANTS FOR THREE ADVISORY GROUPS The Metropolitan Council is seeking applications ~or vacancies on its Ar~s Advisory Committee, Metropolitan Health Planning Board and Metropolitan Waste Management Advisory Committee. The Arts Advisory Committee's eight openings are in the following categories: a professional arts administrator, a theater person, a craf"[ educator and consumers interested in the arts. The Council encourages people to apply from the entire Metropolitan Area and especially Council Distric~ 10 (Brooklyn Park and Crystal); Distric~ 11 (St. Louis Park, Golden Valley and Edina); District 14 (Scott and Carver Counties); and District 16 (southern Dakota County). Arts Advisory Committee members serve a single three- year term. Eight positions on the Metropolitan Health Planning Board include vacancies in the following categories: a health pro- fessional from a health maintenance organization, e health professional in mental health, a health professional, three health consumers, a' representative from a public health agency for Iow-income persons and a nursing-home administrator. Citizens from the seven-county area and especially those who live in Council District 4 (south-central Minneapolis); Distr. ict? {northern Ramsay and western Washington Counties); and District 8 (Coon. Rapids, Blaine and Fridley) are encouraged to apply. Members of the board serve three- year terms. The Metropolitan Waste Management Advisory Committee has an opening, because of the resignation of Russ Edhlund, for a private waste management firm representative. This term will expire Dec. 1,1986. The application deadline for all the positions is June 14. For more information or to obtain application forms, call Sandi Lindstr~)m at 291-6390. COMING MEETINGS (June 3-21) (Meetings are ten,at~ye. To verify, call 291-6464.) ' ~etr'opolitan Systems Committee, Monday, June 3, 4 p.m., Conference Room E. Regional Transit ~ard, Monday, J~ne $,;4:30 p.m., Council Chambers. Aggregate Resources Advisory Committee, Tuesday, June 4, 3:30 p.m., Conference Room E. Minority Advisory Committee, Tuesday, June 4, 4 p.m., Council Chambers. Technical Advisory Committee, Wednesday, June 5, 9 a.rh., Courtcil ~ambers. Environmental Resources Committee, Wednesday, June 5, 3:30 p.m., Council Chambers. Chair's Advisory Committee, Wednesday, June 5, 7:30 p.m., Council Chambers. Metropolitan River Corridors Study Steering Committe~, Thursday, June 6, noon, Conference Room E. Metropolitan and Community Development Committee, Thursday, June 6, 1:30 p.m., Council Chambers. Management Commi~ee, Thursday, June 6, 3 p.m., Council Chambers. Abatement Fund Subcommittee, Thursday, June 6, 7:30 p.m., Burnsville City Hall, City Council Chambers, 1313 Burnsvil[e Hwy., Burnsvil{e. Metropolitan Parks and Open Space Commission, Monday, June 10, 3 p.m., Council Chambers. Metropolitan Systems Committee, Monday, June 10, 4 p.m., Conference Room E. Air Quality Commit'tee, Tuesday, June 11,10 a.m., Conference Room B. Developmental Disabilities Advisory Committee, Tuesday, June 11,1 p.m., Conference Rooms C and D. Metropolitan Waste Management Advisory Committee, Tuesday, June 11,2 p.m., Council Chambers. Metropolitan Housing and Redevelopment Authority Advisory Commit't~e, Wednesday, June 12, 9 a.m., Council C~hambers. Metropolitan Health Planning Board, Wednesday, June 12, 4 p.m., Council Chambers. Metropolitan Council Informational Meeting on Combined Sewer Overflow Issues, Wednesday, June 12, 5 p.m., Council Chain bors. Metropolitan and Community Development Committee, Thursday, June 13, 1:30 p.m., Council Chambers. Metropolitan Council, Thursday, June 13, 4 p.m., Council Chambers. American Legion Post 398 DATE May 31, 1985 Gamblln~ R~eoort - ' CURRENT MONTH YEAR TO DATE G.oss; ~ 8 ~-",o .oo f ~l, 8oo .oo EXPENSES: Aor. ~ax ~210.60 Supp!ie s 539 · 55 PAYOUT AS PRIZES: ~750.18 6B70.00 ~1326.53 15,370.o0 PROFIT-: ~!319.82 ~'5~ 03, DISTRIBUTION OF PROFITS: Fire Deot. ~!500.00 LeS. B.B. Equip. 521.30 Nurses Scholarship 30.00 LeS. softball fees 175.00 Alano 115.00 O!ant . 20. O0 ' C o.~mun~ t v ~lags 138. O0 300.00 ~?oo..$o ~aa6!.2o Check Book .Balance ~1803.67 Name Title Affiliation Phone ( ) Address (street) {city) (state) (zip) Please register me for the following workshop{s): []]Complete Series ($75/pp) F') Creating Effective Teams/June 25 {$27/pp) []]Dealing with the Public/July 30 {$27/pp) [] Negotiating for Success/August 22 {$27/pp) []]Enclosed is my check {payable to GTS) in the amount of $ )-')Please bill me. Note: A $2 billing charge will be added. F'lI cannot participate in these sessions, but would like to explore the possibility of co-hosting a session{s}. Please call me. Return to Government Trai~ing Service, 202 Minnesota Build?ny, 46 East Fourth Street, St. Paul, Minnesota 55101 at least two weeks before the program. GOVERNMENT TRAINING SERVICE PRESENTS... Co-sponsored by Association of EVENING WORKSHOPS FOR ELECTED OFFICIALS ... JUNE - AUGUST, 1985 Twin Cities Minnesota Counties * Minnesota Association of Townships League of Minnesota Cities The Government ?raining Service (GTS) and its three co-sponsors are pleased to announce a pilot program of evening workshops designed specifically for local government elected officials in Minnesota. In selecting topics and developing session formats, GTS was assisted by an Advisory Committee composed of representatives of cities, counties, townships, and school boards. In addition, an extensive survey was conducted of persons attending several state-wide elected officials conferences. Results from both indicated a desire for short, evening sessions in the metropolitan area. While this initial series will be presented in the Twin' Cities, GTS hopes to schedule similar programs in other parts of the state. If your jurisdiction is interested in hosting a session of this type, please indicate on the form provided. .Based upon interest expressed thus far, GTS expects these workshops to fill quickly, so early registration is encouraged. DON'T MISS THIS OPPORTU!tITY TO ENHANCE YOUR SKILLS AND EXCHANGE IDEAS WITH OTHERS FACING THE CHALLENGES OF PUBLIC OFFICE: LOCATION ' All three workshops will be held in the White Bear Lake Public Library (4698 Clark Street, White Bear Lake). Specific driving/parking directions will be included in your workshop(s) confirmation.. REGISTRATION Registration fee for the entire series' of three workshops is $75/person. This includes tuition, written materials, and coffee breaks. Registration for separate workshops is also available'at $27/person. Each program begins at 7:00 p.m. and concludes at 9:00 p.m. All registrations should be received at least two weeks prior to each program. INQUIRE ABOUT REDUCED RATES FOR ORGANIZATIONS REGISTERING THREE OR MORE PERSONS.- CANCELLATION Fees will be fully refunded for cancellations received seven (7) days prior to the workshop. Substitutions for registered participants may be'made at any time. CREATING EFFECTIVE TEAMS :' .... Tuesday, June 25 Effective teams are much more than simply collections of individuals--commitment to oroup goals and willingness to collaborate is essential to their success. This workshop will provide oractical, timely techniques designed to help you function mo~t effectively in [eam situations. As a participant you will: · Gain an understanding of your own strengths, weaknesses and style preferences as team members · Learn how to use style differences constructively in resolving conflict · Identify the importance of goal setting vs crisis management · Develop an overview of teamwork between pol'icy makers and staff · Obtain necessary skills to become an effective member of a team INSTRUCTOR: Barbara Arney directs the Organizational Services Division bf the Government Training Service. She has led goal setting and team building seminars for City Councils and County Boards throughout the state of Minnesota. DEALING WITH THE PUBLIC Tuesday, July 30 Dealing with the public is an integral responsibility of any elected official. This workshop can provide you with the skills to insure that those dealings are construct.ive for your purposes and for the public. As a participant you will: ~ Gain an understanding of how the public has changed and why · Learn how to handle conflict situations (even when it's people you know) · Obtain skills you need to respond in a variety of situations · Learn how to handle yourself effectively in meetings (and cope with hostile audiences~) · Develop skills to create a positive publi~' image · Explore a variety of ways to get things done through others. (i.e. how to get volunteers to 'volunteer') · Learn how to say 'no' effectively INSTRUCTOR: Kathryn Barrington is a communications consultant to government, business and colleges throughout the United States, Canada ~nd Central America. She is an active' and internationally-recognized public speaker, seminar leader and cons'ultant. NEGOTIATING FOR SUCCESS Thursday, August 22 Negotiation is the art of creating Solutions that give each individual involved a positive stake in the outcome. Whether you are dealing with a spouse,, co-worker, colleagues on your governing body or the general public, there are techniques and strategies which can help you reach your objectives with a minimum of frustration. This is especially important for elected officials trying to eliminate some of the stress caused by competing demands, multiple roles and limited time. This session will cover: ~ .i. · Concepts of positive negotiation · The variables to consider in successful negotiation · Strategies · Negotiation tactics to use and to avoid INSTRUCTOR: Jack Flagler is Professor of Industrial Relations at the University of Minnesota.. He is an expert in the 'industrial relations field, having over 30 years of experience. 'FOR FURTHER INFORMATION Carol Schoe6eck Government Training Service 202 Minnesota Building 46 East Fnurth Street St. Paul, Minnesota 55101 612/222-7409 or Minnesota toll free 800/652-9719 ABOUT THE GOVERNMENT TRAINING SERVICE (~ The Government Training Service is a public, joint powers organization whose mission is to meet the changing management, and leadership needs of policymakers, staff and appointed officials by providing innovative, comprehensive, practical training and consulting to publicly-funded organizations in Minnesota. Its members include the League of MN Cities, the Association of MN Counties, the MN Association of Townships, the MN Association of WASTELINE ... the shape of things in solid waste 300 Metro Square Building St. Paul, Minnesota 55101 612/291-6464 May 1985 Issue No. 7 Editor: Joan Steinmann HENNEPIN COUNTY'S DESIGNATION PLAN APPROVED Hennepin County has become the third county to take advantage of state legislation providing for solid waste "flow control" by metropolitan counties. The Metro- politan Council last month approved a plan giving the county the authority to designate the facilities--resource recovery plants and transfer stations--where unrecycled trash from the county must be taken. Designation will allow Hennepin County to guarantee the resource recovery plants a steady supply of trash. The plants will help divert waste from landfills-a goal of the Council's new solid waste management plan, which prohibits lahd disposal of unprocessed trash after 1990. Under designation, trash collectecl from homes and businesses in Hennepin County will be taken to one of four transfer stations, compacted, and sent on to a privately owned and operated recovery facility. The county will set the fee haulers pay when they drop off the trash. That means costs to households and businesses will be "equalized"- everyone will pay roughly the same for disposal of their trash. The county estimates the drop charge will be about $35 to $50 per ton. The county plans to send 1,000 tons of trash daily to a resource recovery plant at the site of the Greyhound garage at 7th St. and 6th Ay. in downtown Minneapolis. Construc- tion is to begin in June 1986, and the county hopes to have its .system of resource recovery plants and transfer stations operating by 1990. Trie county has yet to decide whether it will need another resource recovery facility. The Council also approved three requests from private companies to exclude some trash from the county's designation plan for their own resource recovery projects. Richards Asphalt Co. was granted an exclusion for 72 tons per day of trash to burn for energy in the production of asphalt products in Savage. Richards currently burns 72 tons daily and plans to add another unit to its incineration system. Waste Energy Systems will get 150 tons per day of Hennepin County solid waste to burn at a 200-ton-per-day facility in New Brighton for steam to be sold to industrial users. The company is negotiating with haulers to get the rest of the trash it needs from Anoka County. The Council also approved a request from Reuter, Inc., of Hopkins for excluding 400 tons per day from the designation plan. Reuter plans to turn most of the trash into "densified" refuse-derived fuel (RDF) pellets-which may be stored longer than ordinary RDF-and to separate ferrous metals, aluminum, glass and waste that can be composted. Hennepin County must now attempt to contract with trash haulers and municipalities for trash to supply its resource recovery facilities, if these negotiations fail, the county wilt submit for Council review an ordinance putting its designa- tion authority into effect. Before the Council approves such an ordinance, it will require that Hennepin County work out two inconsistencies between its proposals and the Council's requirements for solid waste management: the county's intention to recycle less than target levels set by the Council and its plan to send unprocessed trash exceeding the capacities of its planned facilities to area landfills. TRASH COLLECTION, EGYPTIAN STYLE In at least one part of the world, picking up trash and sifting through it for recyclables is an inherited privilege. In their presentation at the International Small-Scale Municipal Waste-to. Energy conference in Washington, D.C., Charles Paterson and Charles Gunnerson discussed the collection customs of Cairo: "Refuse in Cairo has traditionally been collected by a hereditary group, known as zabbaleen. These people take away waste for a relatively Iow price in order to obtain the rights to recover the materials in the discards. "Separation 'is done by hand-picking recyclables, by family members. In recent years, the effectiveness of this system has failed to keep up with the rapid growth of Cairo, primarily caused by Iow-income people moving into the city. Waste from Iow-income areas has limited recycling potential and thus is of less interest to the zabbaleen. "The municipal government now collects an average of 30 percent of discards, but about 10 percent, primarily in Iow-income areas, is uncollected. Nonrecycled waste and municipally collected refuse have been disposed of in landfills and open dumps. Limited space for readily accessible landfill sites is resulting in establishment of several composting facilities. "These new plants are essentially demonstration systems for developing markets for the compost. A project for the Suez cities examined end rejected energy recovery, because of the relatively Iow cost of energy in the area. Composting was selected as the preferred disposal method. This is also the approach being pursued in other Egyptian cities, such as Shoubra and Alexandria." BURNING TRASH IS RED WING'S SOLUTION Since 1982, the city of Red Wing has incinerated an average of 105 tons per day of trash in its municipal mass-burn facility and sold steam to S.B. Foot Tanning Co. The city sends only demolition debris and ash from the plant to its landfill. The facility is efficient-Red Wing has had to landfill its trash only once since the plant opened, when a faulty part forced it out of operation for six weeks. It's a~so popular-- four cities and seven townships pay Red Wing to drop their trash at the plant. What's more, the costs have been reasonable, with steam sales and tipping fees more than covering operation and maintenance costs. The money left over goes toward paying back the city's debt for construction of the plant. "We've demonstrated that a system like this can work. Our operation is economically viable," sa'id Red Wing city ad- ministrator Dean Massett. The difficulty of siting a new landfill and expense of opening one drove city officials to abandon the effort. They decided, as Massett put it, "Let's burn the trash." In 1980, Red Wing voters approved construction of a trash burning plant by a margin of 16 to one. The city sold $2.5 million in general obligation bonds to finance the project. Red Wing's situation was in many ways ideal for building a waste-to-energy facility. The city already owned the land it built its plant on during 1981-82, when construction costs were relatively Iow. Foote Co. was a convenient customer for steam energy, and particularly eager when the city approached it during the energy crisis of the late '70s. Red Wing's trash is collected by the city, so uncertainties about supply were not a problem. Average operating cost for the plant is $12 per ton of trash burned, while debt service costs the city $13 per ton yearly. Revenues from the burn plant (including tipping fees o} $10 per ton) are about $18 per ton. Continued .( This means Red Wing loses $7 per ton to process its trash, until its debt is paid off in 1992. After that, it may make money on irs mess.burn facility. Even now, raising tipping fees to $17 per ton {a reasonable figure considering landfill fees of about $13.$14 per ton are going up) would bring costs and revenues into line, Massett maintains that, with the piant, Red Wing has avoided the unpleasant consequences of land disposal like groundwater contamination with an economically feasible alternative, SPEAKERS FROM EAST AND WEST COAST SHARE RECYCLING INSIGHTS As interest grows in starting or improving recycling programs in the Twin Cities Area, many people are eyeing efforts elsewhere for lessons. Earlier this year, the Metropolitan Council brought in speakers for its State of the Region event to discuss how statewide recycling campaigns in New Jersey and Oregon are working. The nation's first statewide recycling program became law in New Jersey in 1981, Mary T. Shell, who administers the New Jersey Department of Energy's Office of Recycling in Newark, explained the program. It's a voluntary plan, supported by a surcharge on landfill dumping that raises about $4 million per year. Its goal is to divert 25 percent of New Jersey's solid waste by 1986 because "we are running out of landfill space," Shell said. The New Jersey recycling program was supported by an intensive education campaign, including public-service and paid billboards, posters, magazine and newspaper ads, and radio announcements, Shell said. A magician--Mr. R.E. Cycle-traveled around the state with a show dramatizing how recycling bottles, cans, papers and leaves can pay off in many ways. The state worked with one county to study the compati. bility of recycling and "waste-to-energy" resource recovery efforts (refuse-derived fuel, or RDF, for instance), said Sheil. In New Jersey, as in the Twin Cities, some people were concerned about whether "high-technology" projects like RDF and recycling programs can co-exist without gobbling up each others' supply of trash. The study showed that recycling and waste-to-energy projects ' not only are compatible, but actually cbmplement each other, Shell said. After recy.clables are separated from other trash throughout Essex County, the heat value of the material burned in its waste-to-energy facility is raised by eight to ten percent. Sheil also said that facility cost 25 percent less to build than it would have if the area didn't recycle. The results of New Jersey's voluntary recycling program have been encouraging, Shell said. By last July, almost two-thirds of the state's 567 municipalities had recycling programs, compared to only 30 percent in 1980. Sheil estimates New Jersey's program is about a third of the way to its goal of 25 percent recycling. To come closer to that goal, Sheil's office and the department of energy are recommending that the New Jersey legislature make separation of recyclables mandatory throughout the state (see item below on the Metropolitan Council's solid waste management plan for a discussion of this issue in the Twin Cities Area). Panelist Fred Hanson, director of Oregon's Department of Environmental Quality, told listeners about a differenl; kind of recycling plan: the "Opportunity to Recycle*' Act, passed by the Oregon legislature in 1983. "We felt that if Oregonians had the opportunity to recycle, they would," Hanson said. The act requires that by July 1986 all residents of the state be given the chance to recycle-by curbside collection, or with drop-off sites for communities of under 4,000 people. It also provides that all residents be given information about recycling. Under the Oregon law, "we defined as recyclable any item that can be recycled at a cost equal to or less than the cost of landfilling it," said Hanson. Communities throughout Oregon must see that services needed to recycle such items are in place, and must report back to the state in 1986. If the reports show these efforts are not adequate, the state may make recycling mandatory, Hanson said. Mary Shell will be back in the Twin Cities to deliver the keynote address at the June "New Roles in Recycling and Composting" conference. The conference will feature speakers from Minnesota and around the country who will discuss "low-tach" waste management techniques (see announcement below). A 26-minute videotape of Shell and Hansen's presentations at the Council's State of the Region event is available. To borrow a copy, call Robin Anderson at the Council's Communications Department, 291-6512. TWO-DAY SESSION TO FOCUS ON REC~'CLING, COMPOSTING As limited landfill space runs out and concern grows about groundwater contamination from buried waste, people are giving more attention to alternatives like recycling and composting--reusing materials like glass and newspaper, and converting organic waste like leaves into a useful soil conditioner. Recycters and composters from as far away as Canada will share their expertise and experiences with policymakers, business people and others at a conference entitled "New Roles in Recycling and Composting," June 19-20. Major topics of discussion will be urban, rural and office recycling; roles for local government and the waste manage* mens industry in recycling and composting; the compatibility of ".low tach" methods like recycling and "high tach" alternatives.like incineration; and market development, financing and promotion of recycling and composting. Speakers at the conference will include Metropolitan Council Chair Sandra Gardebring, Minnesota Pollution Control Agency Director Tom Kalitowski, Gretchen Brewer of Chicago's Resource Center and Jerry Powell, editor of' Resource Conservation magazine. The conference will be held at St. Paul's Ramada Inn. The fee is $50 for people involved professionally in waste management, $28 for students and other concerned citizens. For further information, contact Leslie Denny at the University of Minnesota's Department of Professional Development, 373-5325. MONEY FOR REUSE, RECO~/ERY PROGRAMS TO BE SUBJECT OF MEETINGS Since January, a surcharge of 50 cents has been collected for every cubic yard of trash dumped in Twin Cities Area landfills. Part of the money the state raises this way will be used to develop alternatives to land disposal, like recycling and composting, through a grant and loan program administered by the Metropolitan Council. In the coming months, the Metropolitan Council will develop guidelines for awarding grants and loans for waste abatement programs. Comments and suggestions about how grant and loan money should be allocated will be aired at a series of community meetings in late May and June. For more information about the meetings or the grant and loan program, call the Council's Abatement Administrator Katy Boone at 291-6421. TRASH THROUGH THE EYES OF THE ARTIST You've heard a lot lately about the value of solid waste as a resource--but you may not be fully aware of its aesthetic potential. Now an exhibit of photographs at St, Paul's Film in the Cities gallery shows thrown-away and discarded objects from the point of view of eight artists from around the country. Pictures of garbage and other found objects can be seen throughout the month of May at this exhibit, called "Detritus." For mSre information, call Film in the Cities at 646-6104. SLIDE SHOW HIGHLIGHTS ALTERNATIVES TO LANDFILLS An eight-minute slide show is available from the Minnesota Pollution Control Agency (MPCA) that explains why land- fills are a pressing problem and what the options for less harmful disposal of trash are. The show's entitled 8reeking the Landfill Habit. For information about arranging a showing, call the MPCA at 296-7719. r I Printed On recycled paper. GERRY SIKORSKI '~ ~TH DISTR~CT, MINNESOTA WHIP AT LARGE ENERGY AND COMMERCE HEALTH AND ENVIRONMENT OVERSIGHT AND iNVESTIGATIONS POST OFFICE AND CIVIL SERVICE CHAIRMAN, INVESTIGATIONS CIVIL SERVICE SELECT COMMITTEE ON CHILDREN, YOUTH, AND FAMILIES tEongre of toe niteb tnte ouse of evresent tiUes as0ington, 205 tS May 20, 1985 WASHINGTON OFFICE: 414 CANNON HOUSE OFFICE BLDG. WASHINGTON, DC 20515 (202) 225-2271 DENNIS McGRANN ADMINISTRATIVE ASSISTANT DISTRICT OFFICE: 8060 UNIVERSITY AVENUE NE, FRIDLEY, MN 55432 (612) 780-5801 STEVEN CHIES DISTRICT DIRECTOR Mr. Jonathan Elam City Manager 5341 Maywood Road Mound, Minnesota 55364 Dear Jonathan: I'm sorry you were unable to attend the meeting Saturday, May 11, at the Columbia Heights City Hall regarding general revenue sharing. I wanted to send you a letter to let you know what was discussed at the meeting. I ask that you let me know your thoughts and ideas on this issue. It is very apparent how important revenue sharing funds are to a city's budget, whether they be used for capital purchases or funneled directly into the city's general fund. Of an equal concern is the recognition of the importance in reducing the federal deficit in a fair manner. The consensus at the meeting, and an opinion with which I agree, was that all spending cuts or freezes need to be made fairly and done across the board. If revenue sharing is to be funded for ~iscal year. 1986 at current levels, as the Senate suggests in its recently passed budget bill, it is only right that cuts in the defense budget be made as well. It is important that I, as well as your two Senators, be kept informed of your thoughts on this and all issues with which you are concerned. It is through your calls, letters and meetings such as w~ held this past Saturday that I can guage the opinions of the cities, townships and villages of the sixth district. igards' ss GS/mk Enclosure / Y~" 7 THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS GENERAL REVENUE SHARING FACTS - States receive no monies from the General Revenue Sharing program. Local general purpose governments are the only recipients. - Because of the diversity of local governments throughout the country, any reductions in the program would cause serious problems of equity. - Most local governments begin their new fiscal year in two months or July the first. They are in the final stages of completing their budgets. To introduce uncertainties now would be disasterous. - The current authorization for General Revenue Sharing expires in fiscal year 1986, with the last quarterly payment to be made to local jurisdictions in October 1986. This last quarterly payment is the reason why outlay authority remains in 1987. - General Revenue Sharing is an entitlement program and is therefore, not subject to the annual appropriations process. - To modify this entitlement program would require-approval by both the Senate Finance Committee and the House Government Operations Committee. - General Revenue Sharing is not indexed for inflation and has not been. The purchasing power of General Revenue Sharing has declined by 33 percent since 1978. - General Revenue Sharing was at its highest level in fiscal year 1978 at $6.850 billion. States were removed from the program in fiscal year 1981 reducing the program by 33 percent. A number of states had passed their revenue sharing on to local governments. The local government amount has remained at $4.566 billion since that time. General Revenue Sharing has not contributed to the growth of the deficit. WHILE AT THE 1985 LEAGUE OF MINNESOTA CITIES CONFERENCE YOU ARE INVITED TO VISIT US IN OUR HOSPITALITY SUITE Racl/sson St. Paul Hotel June 12- 13, 1985 from 4:00 pm Short Elliott Hendrickson, Inc. 222 E. Little Canada Road St. Paul, MN 55117 484-0272