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85-09-10 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, SEPTEMBER 10, 1985 COUNCIL CHAMBERS Approve Minutes of August 27, 1985 Regular Meeting C O BL C H · On An Amendment of Section 23.412.2 (5), Standard & Regulations f. or Planning Development Area (PDA) of the Mound Zoning Code PUBLIC HEARING; Consideration of the improvement of a Now Private Portion of Denbigh Road that Runs East to Cardiff Lane PUBLIC HEARING; To Consider a Zoning Amendment for Conditional Use Provisions of SectiOn 23.635.3 to Allow Consignment/Gift by Conditional Use Permit Pg. 2441-2452 Pg. 2453-2456 Pg. 2457-2468 Pg. 2469-2474 PUBLIC HEARING; To Consider Wetlands Permit and Preliminary Plat and Final Plat to be Known as "Sinclair Court" Consideration of a Variance Request to do Structural Repairs for Upgrading a Private Home to Building Code. Home Located at 2624 Westedge Blvd. Applicants: Aaron M. Applequist & Mary J. Pacholke Option to Purchase Lost Lake Property by Balboa Minnesota Co. for Development of Tonkawest Shops (Movie Theater, 5 Shops, and Restaurant) Request from M. L. "Buzz" Sycks for Conceptional Approval of a Plan for the City's Lost Lake Site Comments & Suggestions from Citizens Present Pg. 2475-2490 Pg. 2491-2502 Pg. 2503-2509 Pg. 2510-2513 10. 11. Balboa Proposal for Public Works Facility Resolution Ordering Bond Sale for Town Square Tax Increment Bonds - Curt Pearson Pg. 2514-2523 Pg. 2523A-2523K 12. Set Dates for Budget Hearings (Suggested dates: Tuesday, October 1 & Wednesday, October 2) Page 2439 13. 14. 15. 16. Appointment of Screening Committee for City Manager's Postio~ - Councilmembers should have names ready for appointment Request for Final Payment for the City's Share of Contract Construction and Engineering Costs for the Black Lake Bridge Pg. 2524-2530 Payment of' Bills Pg. 2531-2536 Letter from City Attorney regarding Lost Lake Channel Ownership and Follow-Up Letter to Residents Who Signed the Peitian. Pg. 2537-2538 B. Letter from David J. Davenport Pg. 2539 C. Article on Fiscal Disparities Pg. 2540 Action Alert - Regarding FLSA (Garcia Ruling) Impact on Cities and the Need to Write the Minnesota Congressional Delegation Asking for Cities to be Exempt Pg. 2541-2542 E. Article from National League of Cities Newspaper Pg. 2543-2547 F. Article "The Most Entrepreneurial City in America" Pg. 2548-2553 Go Minnehaha Creek Watershed District Memo on Proposed Rule L, Establishing a Fee Schedule for Permit Violations and Work Without a Permit Pg. 2554-2557 H® Notice from the Public Utilities Commission on on Contel's Withdrawal of Their Rate Increase Proposal Pg. 2558-2560 Friday Report from the Met Council (Specifically the lack of support for the Lake Viriginia Force Main which is much cheaper to build than the Lake Ann Gravity Flow Sewer Interceptor. The issue goes to the Met Council on October 10. Pg. 2561 Notice of Hearing on the Condemnation of Certain Properties Town Square Redevelopment Area Pg. 2562-2573 K. Met Council Review - August 12-23, 1985 Pg. 2574-2575 Page 2440 176 August 27, 1985 ~INBTE$ REGULAR COUNCIL MEETING AUGUST 27, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on August '27, 1985, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, and Steve Smith. Councilmember Russ Peterson was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, City Planner Mark Koegler, Building Inspector Jan Bertrand, Police Chief Len Harrell, City Clerk Fran Clark and t'he following interested citizens: Richard Shedd, Bette Sather, Craigh & Cheryl Thompson, Aaron M. Applequist, Mary Pacholke, Craig Johnson, John McKinley, Lou Derner, Bill & Dorothy Netka, Ed Lynch, Mike Schulz, Charles Rye, Mike Netka. The Mayor opened the meeting and welcomed the people in attendance. Councilmember Phyllis Jessen stated she would like to commend the American Legion Baseball Team for their efforts in the National Tournament. Mound is proud of them and she would like to offer the following motion: MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to name Friday, August 30, 1985, as Mound American Legion Baseball Team day in the City. The vote was unanimously in favor. Motion carried. MayOr Polston stated he would like to express that it has been' very special to him to have worked with Jon Elam. He has done a terrific job, especially in economic development throughout Mound. He wished him luck in the future and thanked him for his efforts in Mound as City Manager. MINUTES The Minutes from the August 13, 1985, Regular Meeting were presented for consideration. Councilmember Smith asked that the word "notice" in the second paragraph on page 2196 be replaced with the word "number". MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the Minutes of the August 13, 1985, Regular Meeting, as amended. The vote was unanimously in favor. Motion carried. 177 August 27, 1985 PUBLIC HEARING: DELINOUENT UTILITY BILLS FOR AUGUST The City'Manager stated that the revised amount is $4,329.53. The Mayor opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. No one responded. The Mayor closed the public hearing. Paulsen moved and Jessen seconded the following resolution: RESOLUTION ~85-94 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $4,329.53 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING: AMENDMENT OF SECTION 2~.412.2 (5)~ STANDARD & REGULATION FOR PLANNED DEVELOPMENT AREA (PDA) The City Manager explained that this change does not change the density in any of the Zoning Districts. He further pointed out that when the new Zoning Code was typed for publication, the "s" was left off the word district. He presented the original ordinance, #373, and showed the Council that in Section 22.065, 'subdivision b, point 6. that it read as follows: "All housing types included as premitted uses in the aforedescribed districts may be included in the P.D.A."... In order to restore the "s", a public hearing is required. The Mayor opened the public hearing. The Mayor closed the public heari-ng. There were no comments. Councilmember Smith asked how this change might affect a development such as Pelican Point. The City Manager stated that this amendment would allow such as development without a rezoning hearing, but they would still need a Conditional Use Permit, which requires a public hearing, and the density requirements wou'ld still have to be met. The Planner stated this 'amendment is no different than most other communities have. The Council. discussed Councilmember Peterson's absence and decided that he should be given the opportunity to vote on this item also. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to continue this public hearing until the September 10, 1985, Council Meeting. The vote was unanimously in favor. Motion carried. 178 August 1985 .CASE RICHARD SHEDD, 2223 NOBEL LANE, LOTS 8 & q, BLOCK 4~ ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK? FRONT YARD VARIANCE (q FEET) The City Manager explained that the applicant is requesting a 9 foot front yard variance to the. Noble Lane right-of-way to allow the construction of a one story, 22 foot by 22 foot attached garage. The PLanning 'Commission approved the Staff's recommendation for approval of the 9 foot front yard variance due to the topography and natural forestation of the property with a condition that no future expansion be allowed without additional variance approval. Paulsen moved and Smith seconded the following resolution: RESOLUTION ~85-95 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION FOR A SETBACK VARIANCE FOR LOTS 8 & 9, BLOCK 4, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK - PID ~13-117-24 34 0003 (2223 NOBLE LANE) The vote was unanimously in favor. Motion carried. EASE ~'85-4q6: BETTER SATHER~ 5841GRANDVIEW BLVD.? OF VACATED ALLEY~ MOUND ADDITION, LOT SIZE The City Manager explained that the applicant would like to construct a single family dwelling on a parcel of 5,450 square feet, plus or minus, with conforming side yard setbacks of 6 and 10 feet, front yard of 30 feet and a rear yard exceeding 15 feet. The Planning Commission has recommended approval because the variance is within 10% of the required 6,000 square foot lot area for the R-3 Zoning District. The Council heard objections to the granting of this variance from Craig Johnson, 5849 Grandview Blvd. and Mike Schulz, 5833 Grandview Blvd. The Council discussed the variance and decided that the request meets 10% of the required lot size as granted others in the past and took the following action. Jessen moved and Paulsen seconded the following resolution: RESOLUTION ~85-96 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE LOT SIZE VARIANCE FOR LOT 14 AND ONE-HALF OF THE VACATED ALLEY, MOUND ADDITION, PID #1~l-117-24 14 0001 The vote was unanimously in favor. Motion carried. 179 August 27, 1985 CASE #8S-SR7 & CREIGH & CHERYL THOMPSON~ 19S9 SHOREWOOD LANE~ LOTS 1S~ 16~ & 17~ BLOCK 7.? SHADYWOOD POINT? SUBDIVISION & LOT SIZE VARIANCE The City Manager explained that the applicant is asking to be allowed to divide Lot 16 in half and combine the Northwesterly portion of that lot with existing Lot 17 (which is owned by the State of Minnesota and is a tax forfeit lOt). Mr. Thompson presently owns Lots 15 and 16. Parcel A would be 8,035 square feet and Parcel B would be 7,332 square feet. The area this subdivision is in is an R-1 Zoning District requiring 10,000 square foot lots, .thus the lot size variance request. The Planning Commission recommended approval under the condition that the existing accessory building and principal building shown on Lot 15 be removed because of non-conforming setbacks and it is an undersized home (600 square feet). The Thompsons were present and did not agree with the removal of the structures because they are consistent with the rest of the neighborhood. The City Manager stated this is the same subdivision that was discussed several meetings ago that may have been improperly zoned R-1 and should have been R-2 to conform with existing conditions and lot sizes in the area. 'The Council discussed the problem of creating 2 non-conforming lots and took the following action. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to refer Shadywood Point subdivision to the Planning Commission for study on the possibility 'of rezoning the entire area so it would be consistent and contiguous with the neighborhood. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Mayor Polston to table action on the Case t85-437 & 438 until the Planning Commission study is completed. The vote was "unanimously in favor. Motion carried. : CASE #8S-440: C, R. MFG., SRqO SHORELINE BLVD.~ BLOCKS S & 6~ SYLVAN HEIGHTS ADD'N TO MOUND~ VARIANCE TO LOCATE COOLING TOWERS ON NORTH SIDE OF BUILDING The City Manager explained that C.R. Mfg. needs a setback variance for their cooling towers. The Planning Commission recommended approval of the variance if C.R. Mfg. gets approval from the railroad and if they install a cyclone fence around the towers. Councilmember Paulsen asked about noise from the fans in the towers. The Building Inspector suggested that the Council could 1 80 August 27, 1985 put a restriction in the resolution appr0¥inE the towers, but not allowing noise to exceed 65 decibles. The Council agreed. RESOLUTION ~85-97, RESOLUTION TO CONCUR WITH THE PLANNING COMISSION TO APPROVE A SETBACK VARIANCE FOR 5340 SHORELINE BLVD., PID ~13-117-24 34 0006, WITH THE CONDITIONS STATED The vote was unanimously in favor. Motion carried. VARIANCE REOUEST 2624 WESTEDGE BLVD. - AARON APPLEOUIST & MARY The applicants were present and presented their proposed resolution for this variance request. Since the City Attorney just received their proposal, the Council decided not to take action at this time. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to table this item until the September 10, 1985, Council Meeting. The vote was unanimously in favor. Motion carried. LICENSE RENEWAL & ISSUANCE OF NEW LICENSES MOTION made bY Councilmember Jessen, seconded by Councilmember Smith to authorize the renewal of a Set-Up License to Mound Lanes (license expires 6-30-86). The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to authorize the issuance of a Tree Removal License to Bear Tree Service (Ken Berres), 8301 Oregon Ave. No., New Hope, MN. 55428. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to authorize the issuance of a Games of Skill License to Minnetonka Music, 2252 Commerce Blvd., Mound. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any citizens present who wished to make comments or suggestions. There were none. CONTINUATION FROM FEBRUARY 12, 1985, REZONING FROM R-R TO B-l, A SMALL PARCEL IN THE TOWN SOUARE DEVELOPMENT PROJECT The City Manager explained that this was continued because the Council wanted the Met Council to approve a Comprehensive Plan Amendment before action was taken on the rezoning. That has now been obtained and the action on the rezoning is now in order. 181 August 27, 1985 Smith moved and Polston seconded the following ordinance: ORDINANCE' #85-98 ORDINANCE AMENDING THE CIT~ OF MOUND OFFICIAL ZONING MAP BY REZONING A CERTAIN PARCEL FROM R-3 RESIDENTIAL TO BUSINESS The vote was unanimously in favor. Motion carried. DISCUSSION ON EXISTING CONDITIONAL USE PERMIT (RESOLUTION ~78- 488)~ FOR CENTURY AUTO BODY~ 55~ SHORELINE BLVD, The City Manager submitted a letter he sent to Mr. Vic Cossette on August 2, 1985, regarding items that Mr. Cossette is now doing at the site which are not covered in his present Conditional Use Permit. Such items as exterior painting of boats, selling of boats, etc. He asked the Council for direction on what they want the Staff to do about the problems. The Council directed the Staff to have Mr. Cossette come in and apply for a new Conditional 'Use Permit which will cover his present operations. No other action was taken. SET-UP & q.2 BEER LICENSES & DANCE PERMIT FOR THE POLICE RESERVE'S DANCE · MOTION made by Councilmember Smith, seconded by Couneilmember Jessen to authorize the issuance of Set-Up and 3.2 Beer Licenses and Dance Permit to the Mound Police Reserves annual dance on September 20 & 21, 1985. The vote was unanimously in favor. Motion carried. CONSIDERATION OF CANINE PROGRAM FOR POLICE DEPARTMENT The Police Chief explained the canine program to the Council. There would be nominal costs of converting one of the old squads for use with a dog (approximately $200 to $500), dog food and veterinary bills (usually..averaging less than $750 per year). Officer John McKinley has a trained dog named Mickey and would lease the dog to the City so the City's insurance company would be'the carrier. They have spoken to the City's Insurance Agent, Earl Bailey, and there will not be any extra charge for covering the dog~ Officer McKinley and Mickey were present and gave the Council a demonstration. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen'to implement the canine program as proposed and to have the Police Chief report back to the Council in 6 months on its progress. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING ON ZONING AMENDMENT OF ~0NDITION~L USE PROVISIONS OF SECTION 2~.6q5.~ TO ALLOW CONSIGNMENT/GIFT SHOP BY CONDITIONAL USE PERMIT 182 August 27, 1985 MOTION made by Councilmember Jeooen~ o¢condcd by Councilmember Paulsen to set September 10, 1985, at 7:30 for a Public Hearing to consider a zoning amendment of conditional use provisions of Section 23.635.3 to allow consignment/gift shop by Conditional Use Permit. The vote was unanimously in favor. Motion carried. APPLICATION To HENNE?IN COUNTY REOUESTING USE OF CDBG DISCRETIONARY FUNDS FOR A HANDICAPPED VAN - $8,000 The City Manager explained that Mound, Minnetrista, Orono, Spring Park, and St. Bonifacius have already committed $14,820 to the purchase of a handicapped van, but the cost is higher than what we have committed. The Westonka Seniors will own the van and lease it to the school district for $1.00. The school district will then maintain the van and provide 'insurance. Therefore we would like to request additional money from Hennepin CoUnty's CDBG discretionary fund for the money. The request is for an additiOnal $8,000. MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to authorize the submission of an application to Hennepin County for $8,000 from the CDBG discretionary funds for the purchase of a new handicapped van. The vote was unanimously in favor. Motion carried. pETITION FOR LOCAL IMPROVEMENT LOTS 7-13, BLOCK 16~ THE HIGHLANDS? MR. LOU DERNER The City Manager explained that Mr. Derner is present and asking the City to approve a public improvement to install water, sewer and storm sewer to his proposed subdivision. The estimated cost of the improvement would be $70,000. The cost would then be assessed to the 5 lots in the subdivision. The Council discussed the proposal and decided they did not want to commit public funds for private developments. All other developers have had to install and pay for their own utilities and they did not want to set a precedent by changing the policy. No action was taken. DISCUSSION ON VARIANCE APPLICATION FROM GORDON WOLF~ LOT Rg~ BLOCK 11~ SETON The Building Inspector went over her report on the property. The Council referred the matter back to the Planning Commission to work up a plan and written agreement with Mr. Wolf for upgrading the structure and bringing it into conformance with codes. If Mr. Wolf is not willing to do this then the Building Official will have to take the appropriate action to have the hazardous building removed. 1 83 August 24, 1985 " LOST LAKE CHANNEL The City Manager explained that the City has received a petition from a number of residents on Bartlett Blvd. asking that the City acquire, through condemnation or purchase, the entrance to the Lost Lake Channel, which is located on Lots 23 and 16, The Bartlett Place Upper Lake~ Minnetonka. They are asking this because they are concerned about the efforts of a resident at 5469 Bartlett Blvd. (next to the channel) to intimidate and generally discourage the use of the Channel. Mr. Bill Netka was present and stated that when his son and Charles Rye were attempting to clean out the bottom of the entrance to the channel, they were told by the resident at 5469 Bartlett that they were on private property and should not be trespassing. Mr. Ed Lynch, 5474 Bartlett, also stated that he had obtained the necessary permits to repair his seawall and when the barge came to repair it they were harrassed by the same resident. The City Attorney stated that he thinks the channel is public waters but would like to do some further'checking on this. MOTION made by Mayor' Polston, seconded by Councilmember Paulsen to refer this matter to the City Attorney for further study and bring it back to the September 24, 1985, Meeting. The vote was unanimously in favor. Motion carried. BALBOA PROPOSAL FOR PUBLIC WORKS FACILITY The City Manager explained that the proposal is for 19,489 square feet at $2.50 per square foot or ..an annual rent of $48,722.58 per year. This is on a triple net lease, taxes ($7,795.60), utilities ($6,000. etc.) and commons maintenance ($2,000) would be on top of that, making the total per year $64,518.80. Also in the l~ase is an annual cost of living increase built in each year, not to exceed 6%. If we sign a ten year lease, they would allow an incentive of $2.00 per square foot cash allowance ($39,445.16), plus four months free rent the firs:t year. The Council discussed this proposal and the possibility of building a Public Works facility. Councilmember Paulsen stated he would like to have various questions answered before the Council goes any further with this proposal or the possibility of building a facility. The Council discussed the previous study that was done on various sites. MOTION made by Councilmember Smith, seconded by Councilmember Jessen to have Mayor Polston and Councilmember Paulsen work 184 August 27, 1985 with Bonestroo, Rosene Engineering Firm who did the Public Works Study last year, and explain the problems with various sites and give direction to the firm as to what is wanted. The vote was unanimously in favor. Motion carried. HRA APPOINTMENT Jessen moved and Polston seconded the following resolution: RESOLUTION ~85-99 RESOLUTION TO REAPPOINT DON ULRICK THE THE MOUND HOUSING & REDEVELOPMENT AUTHORITY - TERM TO EXPIRE AUGUST 29, 1990 The vote was unanimously in favor. DEPOT REMODELING Motion carried. The City Manager explained that this is the next phase of the renovation of the Depot in Mound Bay Park. Requests for quotations were sent to the following contractors: Jerry Kust, E. R. Berglund Construction and Optim Constructi'on. Optim Construction was the only one to submit a quote which came to $10,332 for the 5 items requested. MOTION made by. Councilmember Paulsen, seconded by Councilmember Jessen to approve the quotation from Optim Construction in the amount of $10,322 for the five items listed on the quotation sheet to continue the renovation of the Depot. The vote was unanimously in favor. Motion carried. REAPPOINTMENT OF CITY REPRESENTATIVE TO L.M.C.D. The City Manager stated that even though he has resigned as City. Manager, he would still like to be Mound's representative to the L.M.C.D. If when the new Manager is hired he would like to be the representative, Mr. Elam stated he would then resign. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-100 RESOLUTION REAPPOINTING JON ELAM AS MOUND'S REPRESENTATIVE TO THE L.M.C.D. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list, in the amount of $185,550.74, when funds are available. A roll call vote was unanimously in 1 85 August 27, 1985 favor. Motion carried. SET DATE FOR PUBLIC HEARINGS - ASSESSMENTS MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to set September 2~, 1985, for the following Assessment Hearings: CBD Assessment Unpa£d Delinquent Utility Bills Unpaid Weed Removal Bills Unpaid Tree Removal Bills Unpaid GarbAge Removal Bills Removal of Hazardous Structure The vote was unanimously in favor. Motion carried. APPOINT ACTING CITY MANAGER MOTION made by Mayor Polston, seconded by CounCilmember Paulsen to appoint City Clerk Fran Clark as Acting City Manager and to increase her salary $500.00 per month until a new City Manager is hired. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS .A. Be Notice from Dept. Supreme Court. of Labor, Re: Garcia Decision, U.S. Letter to Balboa, Re: IDB's & Incubator Center. Letter from West Hennepin Human Services. League of Cities memo on new 'distrilled spirits excise tax. E. Letter from D.N.R. regarding Lake Minnetonka lake use. F. Letter from City of Chanhassen. G...Summary of hearing of Senate Public Utilities Subcommittee. H. Letter of thanks - Jake Gibbs/Nancy Gardner. I. Letter from League of Cities, Re: Social Security & Medicare. J. Ehler's & Associates Newsletter. K. Solid Waste Control Commission Newsletter. L. Metro Council Study on organized refuse collection. M. Agenda & Minutes - Minnehaha Creek Watershed District. Increased city costs for N. Metro Council Review - August 9, 1985. MOTION made by Councilmember Paulsen, Councilmember Jessen to adjourn at 10:45 P.M. unanimously in favor. Motion carried. 1 86 August 27, ~985 seconded by The vote was Fran Clark, City Clerk Jon Elam, City Manager BILLS ..... ~UGUST 27, 1985 Computer Run dated 8/23/85 Computer Run dated 8/23/85 Bills listed below Batch 854081 Batch 854082 Batch 854083 Total Bills 67,038.86 25,280.19 ,, 93..,231.69 185,550.74 American Natl Bank E.F. Andersen A & C Signgraving Acro-MN Allied Blacktop Burlington Northern Beermann Services Continental Lighting Economy Data Products Steve Grand Horan Associates Henn Co. Treas' Pillip Haugen MN Frac Sand Mound Spraying Supply Mound Medical Clinic McCombs Knutson P.D.Q. Food Stores Brad Roy Stevens Well Drilling Stevens Market State Treas-Surplus Team Laboratory Chemical Tools Unlimited Van Doren,Hazard,Staliings Von Klug & Assoc Wurst,Pearson, Hamilton Windward Communications West Tonka Interiors Warne~ Hdwe Water Products Widmer Bros. Inc Xerox Corp Zieg)er, Inc. Administration fee 351.98 No Park signs 268.55 Nameplates 50.00 Office Supplies 390.74 1985 Sealcoat Proj 29,773.25 Lease 583.33 Recycling Pickups 1,005.O0 Fluor. lights 124.28 Printer Paper 61.41 Mtg exp 7.56 Architect services 1,172.40 Assessor Services 37,944.75 Weed Cutting 327.60 Sand 82.80 Weed Spray 11.99 W/C exams 26.36 July professional Serv 4,110.O0 July gasoline 1,553.20 Mtg.exp 7.56 Pipe 62.40 Supplies-council,recrea. 119.27 Service Fee 30.00 Chemicals 233.98 15 ton hydraulic jack 1,189.99 July Consult serv 2,3)].25 June Services 645.00 2nd Qtr.billing 6,528.00 Council Amps & Microph 1,195.O0 Repair carpet-Parks 45.00 Railing Materials 93.77 extensions 197.70 Repai. rs & Services 2,101.75 Aug pymts & Maint 616.83 Latch for loader · '8~99 '93,23t.69 CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON THE AMENDMENT OF SECTION 23.412.2(5), STANDARDS AND REGULATIONS FOR PLANNED DEVELOPMENT AREA (PDA) OF THE MOUND ZONING CODE NOTICE IS HEREBY GIVEN that on Tuesday, August 27, 1985, at 7:30 P.M. at the City Hall, 5341Maywood Road, Mound, Minnesota, the City Council will hold a hearing on the amendment of Section 23.412.2(5) of the Mound Zoning Code. Section 23.412.2(5) presently reads in part, "All housing types included as permitted uses in the residential district may be included in the P.D.A." Under the proposed amendment, the section will read in part, "All housing types included as permitted uses in the residential districts may be included in the P.D.A." This change will permit a variety of housing types in Planned Development Areas, subject to the density restrictions of the underlying zoning district. For example, in the R-1 zone, a.P.D.A. could include single family, two family, townhouse or condominium units at a maximum density of one unit per 10,OOO square feet of lot area. All persons appearing at said hearing will be given an opportunity to be heard. Francene C. Clark, ~ity Clerk Publish in the Laker August 5, 1985 ORDINANCE 373' ~'I' 0~'/ AN ORDINANCE ADDING SECTION 23.065 TO THE CiTY CODE PROVIDING FOR A "PLANNED DEVELOPMENT AREA" WITHIN CERTAIN RESIDENTIA. L USE DISTR/CTS The City of Mound ordains: Section 23.065 is hereby added to the City Code and shall read as follow~ 23.065 Planned Development Area a. Purpose. The purpose of this section of the zoning code is to provide a method by which parcels of land in the Residential Use District A-1 (Sec. 23.011), Residential Use District A-2 (Sec. 23.012), Residential Use District B (Sec. 23.05), and Residential Townhouse Use District (Sec. 23.055), having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location'in relationship to lakes, trees or other natura~ resources r~quires more unique and controlled platting techniques to protect and promote the quality of life in the City. b. Standards and Re~ulations for Planned Development Area. The owner or owners of any tract or tracts of land in the aforedescribed residen- tial districts may subm/t to the City Council for approval, a plan for the use and development of such a tract of land as a P.D.A. by making application for a Special Use Permit authorizing completion of the project according to the plan. The plan for the proposed project shall conform to the requirements of the use district within whic~ the landis located except as hereinafter modi- fied. 1. The tract of land for which a proje'ct is proposed and a permit'requested shall not be less than ten (10) acres. 2. The application, for a Special Use Permit shall state precise- ly the reasons for requesting the consideration of the property for P.D.A. " 3. The application for the Special Use Permit shall include a detailed preliminary plan, and shall be submitted in complete con- formanc~ with the City subdivision regulations or with all variances detailed and explained. Variances to the requirements of the sub- division ordinance may be approved by the City Counci% upon a showing that the public health, safety and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties. All variances must be so noted on the.preliminary plan at the time of application. -" 4. The number of dwelling units proposed for the entire site' shall not exceed the total number permitted under the density control' provision for the use district within which the land is located. 5. The density in t~e plan shall not exceed the maximum for the zoning district. 6. All housin~types included as permitted uses in the afore- described districts)may be included in the P.D.A. Each lot as shown .on the plan'shall~ave indicated on it the maximum number of dwelling units to be permitted'within a single building. 7. O~en space and par~ land dedication or cash in lieu thereof pursuant to the requirements of Sec. 22.37 oS the City Code shall be required. The ladd which is to be. set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and C for continual maintenance of that area not dedicated and accepted. by the City shall be required. 8. The concept of cluster platting 6r zero lot line development will be reflected by the P~D.A. and must be shown on the plan and subject to all conditions imposed by the Special Use Permit. 9. No conveyance of property within the P.D.A. shall take place until th~property is platted in c6nformance with the City subdivision regulations and M.S.A. 462.358 or unless specifically waived by the Special Use Permit. All bylaws,' Home Owner's Association Articles of. Incorporation, and Protective Covenants must be approved by the City Attorney and filed with the record plat. 10. Approval of a P.D.A. Special Use Permit shall be by the City Council after recommendation by the City Planning Commission and all improvements required'bY Section 22 of the City Code shall be con- structed by the developer at its sole cost. The applicant must pro- vide the City with a surety bond or other ~inancial guarantee to guarantee the construction of all improvements required in accordance with City specifications. 13. The land utilized by public utilities, such as easements for major facilities, such as electrical transmission lines, sewer lines and water mains, where such land is not available to the owner or developer for development because of such elements, shall not b~ con- sidered as part of the gross acreage in computing the maximum number of lots or density'that may be created under the procedure described in this ordinance. ~ 12. The maximum number of lots that may be approved shall be computed by subtracting, from the total gross acreage available for development under this Planned Development Area procedure, the actual, amount of street right-of-way required and that land in (11) which is not available, and by dividing the remaining area by the minimum lot area requirements of the existing "R" district or dis2 tricts in which the development is to be located. 13. After approval of the Special Use Permit the applicant, owner or developer, before commencing any work or obtaining any building permits shall make a minimum cash deposit of $100 per acre or any portion of an acre t~ereof. The Council shall establish the amount required for deposit at the time the P.D.A. is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to'the said.applicant, owner or developer. Engineering and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage requirements, general supervisions, staking, inspection, drafting as-built drawings and all other engineering services per- formed in the processing of said development, and all administrative and legal expenses in examining title to the property and in reviewing all documents described in paragraph 9 for the land being developed shall be charged to the aforementioned account and shall be credited to the City of Mound for the payment of these expenses. If at any time it appears that a deficit will'occur in any Developer's Escrow Account as determined by the City Engineer and/or the City Attorney, said officials shall recommend to the Council that an addi- tional deposit is required and the Council may require that the appli- cant, owner or developer shall deposit additional funds in the Developer's Escrow Account. ¢. The CiTM Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit'(s) in the Developer's Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. ~ayor Attest: Approved.by the City Council February 14, 1978 Published in Official Newspaper February 22, 1978 CITY OF MOUND Mound, Minnesota PROJECT: DENBIGH ROAD IMPROVEMENT CITY OF MOUND NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Mound will meet in the City Hall Council Chambers at 5341Maywood Road, at 7:30 P.M. on Tuesday, September 10, 1985, to consider the making, of the following improvement: "~he improvement of a now private portion of Denbigh Road that runs east to Cardiff Lane, pursuant to M.S.A. Section 429.Oll to 429.111. The area proposed to be assessed for such improvement is all the property abutting. The estimated cost of such improvement is $23,900.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Francene C. Cla-~k,--Cit~ Cle~rlk ' Publish in The Laker August 26, 1985. and September 2, 1985 CITY of MOUND MOUND, MINNESOTA 55364 (612) 472-1155 August 2, TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is a petition to reactivate the previously considered road extension project for Denbigh Road. Last year when the Council considered this, several proponents were not at the public hearing, while all the opponents were, giving an indication that the neighborhood was badly split on the proposal. I don't know that things have changed very much since then. Five of the nine owners have signed the petition, but they represent only 5 1/2 lots of the 12 in the project area. Although three of the 12 are vacant lots and are for sale. Does the Council wish to re-hear this? If so, I would propose Sep- tember lOth as a hearing date. Almost all the work has been done previously, so other than updating the hearing notices and sending them out, I don't think we will have to do anything further on this proposal. JE:fc enc. .J J ~© Mound, Minnesota Preliminary Cost Estimate Denbigh Road - Alternate A #7064 Item Quantity Unit Price Total Common excavation 220 C.Y. 3-1/2" bituminous base Mn/DOT 23~1 90 TON Bituminous tack coat 20 GAL 1-1/2" bituminous wear, Mn/DOT 2341 37 TON Driveway aprons 510 S.F. Concrete curb and gutter 530 L.F. Tree removal 2 EACH 12" RCR storm sewer 200 L.F. Catch basins 2 EACH Manhole i EACH Concrete apron I EACH Rip rap 2 C.Y. Black dirt and sod 400 S.Y. Relocate curb stop 2 EACH Adjust gate valve I EACH Contingencies Total Estimated Construction Cost 5.00/CY 28.00/TN 1.50/GA 30. O0/TN 3.00/SF 6.50/LF 200,O0/EA 15,00/LF 800.O0/EA 900.O0/EA 300.O0/EA 50. O0/CY 2.00/SY 200. O0/EA 150.O0/EA $ 1,100.00 2,520.00 30.00 1,110.O0 1,530.00 3,445.00 '40O.OO 3,000.00 1,600.00 900.00 300.00 lO0. O0 800.00 40O. O0 150.00 1~735.00 $19,120.00 Engineering, legal, fiscal and administrative costs 4~780.00 TOTAL ESTIMATED COST - Alternate A .......................... $23,900.00 C o .,-4 C~ 4-~ f- 000000 I ~ OOOO00 I ~ 000000 I ~00 000000 I ~ Gooooo 0 O0 .~ _] .~ 0 0 ~J · .,~ I,~ O4O4 O0 O0 ,,~1' ,,~" O4O4 II II II I II II × × × t- O 0 o 0 March 13, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on March 13, 1984, 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 and Russ Peterson. Councilmember Pinky Charon was absent and excused. Also pregent were: City Manager Jon Elam, City Attorney Jim Larson, City Engineer John Cameron, City Clerk Fran Clark, Building Inspector Jan Bertrand and the'following interested citizens: Frieda Olson, Paul Withers, Oswig Pflug, John Morgan, Peter Zubert, Chris Gerold representing Frieda Olson, Bill Magrand and Larry Connolly. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minute~ of the February 28, 1~84, Regular Mee{ing were presented for consideration. Councilmember Peterson noted a correction on Page 37, Resolution #84-38 should not have read "to concur with the Planning Commission recommendation". _ Peterson moved and Jessen seconded a motion to approve the Minutes of the February 28, 1984, Regular Meeting, as corrected. The vote was unanimously in favor. Motion carried. · PUBLIC HEARING; PROPOSED IMPROVEMENT OF DENBIGH ROAD ~~i%y Engineer explained that the p~oposed improvement of the now private portion of Denbigh Road would make this road 18 feet wide from the back of the curb to back of the curb. Putting in a cul-de-sac was impossible due to the limited space available. The road would be 22 feet from the nearest garage with an estimated cost of $23,900.00. ·He then explained the City of Mound's assessment policy to the public. The Mayor opened the public hearing and asked for any comments for or against the proposed improvement of Denbigh Road. FREDA OLSON - 4414 Wilshire Blvd. ~tated that she would not benefit from"this road because her driveway is on Wilshire Blvd. and she never uses Denbigh. Also that the road would be within 22 feet of her house and would depreciate her value. March 13, 1984 PAUL WITHERS - 4416 Denbigh Road, asked'what the engineer had planned for the end of this road. The City Engineer answ'ered that a dead end road is planned because it would .be a safety hazard to bring this road onto Wilshire Blvd. and being a dead end would proba.bly keep the traffic down. OSWIN PFLUG- 44~0 Denbigh Road, stated that he is completely against the improvement of this road as it is proposed because it' would only be 16 feet wide an~ would not leave enough room for 2 cars to pass during the winter when there is snow on the sides of the road. Parking would also become a-problem if the street were a public street instead of a private road. If it were left a dead end street people would have to turn around in someones driveway which would cause a problem. As it is now all the properties on that stretch of Denbigh have easements to cross property to get to Wiishire Blvd. JOHN MORGAN - 4400 Wilshire Blv~, stated that he ~s for the Alternate A improvement because as it stands now people are going out to Wilshire on his property. He has checked his deed and has no private easements recorded on it for peoPle to use his property. The City Attorney explained that the subject of those easements is a private matter which does not concern the City. They are private easements. PAUL WITHERS, stated he would like to see the road put in and be able to see what he is paying taxes for, i.e. snow plowing, garbage service, etc.. PETER ZUBERT, 8238 Oregon Rd., Bloomington, MN., stated he owns Lots 94, 95 and 96 and is against the road and the a'ssessment because his lots front on Wilshire Blvd. and ~ do not benefit from the road. The road may also have a negative impact on the buildability of the lots with streets on both sides of the lots. He is also against the City taking 15 feet of his property while taking less on the other side of Denbigh. The City Engineer explained that the re~son they would be taking more property on Zubert's side of the street is that they are trying to keep the proper setbacks for the garages on the other side of the street. The City Manager stated that Mr. Zubert may not be able to get permission from the County to have a driveway access on Wilshire because of the safety aspect. 45 March 13, 1984 CHRIS GEROLD - attorney representing Freda Olson, stated that it. was. his understanding that in order for the City to assess someone for an improvement they had to benefit. The City Attorney explained that we are here tonight only to consider if we should have an improvement. FREDA OLsoN - stated that~ the City would be taking more than 15 feet of her property on the curve for the road. The Mayor closed the'public hearing. Councilmember Peterson thanked everyone for their comments and the points brought out. He further stated that he felt when equal amounts of land are not being taken from both sides of the road, the people who have to give more should be compensated. Councilmember Paulsen agreed. Councilmember Jessen asked if there would be any on street parking ~fter the new street is installed. The City' Engineer answered no. " Councilmember Jessen questioned how many of the .people who originally signed the petition for the improvement wer'e still in favor of the road because there only appeared to be two people present for the road, three against and the remainder on the petition did not show up or comment either way. Peterson moved and .Paulsen seconded the following resolution: RESOLUTION ~84-31 RESOLUTION TO DENY MAKING IMPROVEMENTS'TO A NOW PRIVATE PORTION OF DENBIGH ROAD THAT RUNS EAST TO CARDIFF LANE The vote was 3 in favor with Mayor Polston voting nay. carried. Motion Mayor Polston sta'ted that the City has spent $1,500 of taxpayers mone~ to get this far with this proposed improvement and he feels before anymore of these petitions are presented,' th~ citizens should have mo~e of a consensus for a project so this work is not done for ~othing at a cost to the general taxpayers. PUBLIC HEARING: ARVIN SENNE, MARK JOHN$ON~ STEVE TESSMER, LOT 3, AUDITOR'S SUBD. ~170,'5558 AUDITOR'S ROAD, CONDITIONAL USE PERMIT FOR WHOLESALE AND ASSEMBLY OPERATIONS - CASE ~84-3OB The City Manager explained that this request is for a Conditional Use Permit for the rear portion of the building that houses the House of Moy fronting on Auditor's Road. It is the space that Watson was going to use for the arcade. The'area is proposed, for sailboard storage and sales center marketing area and an'area for In 1976, the City adopted a street improvement assessment policy under Res~ olution No. 76-77. The assessment criteria is as follows: 30 percent of the total cost to be assessed based on front footage. Corner lots shall be calculated to include all front footage (front and sides). All lots shall be. deemed to have at least a minimum of 40 front feet. 30 percent of the total cost to be assessed shall be based on the square footage of the property to be assessed. Ce 40 percent of the total cost.to be assessed shall be based on a unit basis. Since 1976, the City Council has added the following refinements to this policy. Triangle Lots - lots that form a triangle on two streets are to be as- sessed for footage on the long side only. Multiple units other than duplexes are assessed on the basis of 3/4 unit per each residential unit in the building (Example: a 50 unit apartment is assessed for 37.5 units plus footage plus area). Lots that front on a County Road and a street improvement will be as- sessed on the same basis as other lots except that the units and square footage will be reduced by 50 percent. Area of land formerly commons and now under private ownership, to be assessed as part of the private property. Large parcels (a number of combined lots) to be assessed one unit, plus area and footage. Two separate parcels under the same ownership will be assessed two units, plus area and footage if they both bays enough area to qualify as buildable sites under the present zoning. Single lots under separate ownership from adjacent property that do not meet the area requirements for a buildable site will be assessed only area and footage. Properties abutting alleys that are bituminous surface only, with no curb and gutter, to be assessed the same as any other property except the front footage will be reduced by 50% with a minimum of 40 lineal feet. Properties which have the garage located across the street from the house will be assessed on the same basis as other lots except the par- cel in which the garage is located will not receive a unit charge· 9. Lots that front on a street to be improved and which previously paid a full assessment on another street improvement project will be assessed for the footage only with no minimum. 10. Parcels which do not abut a street improvement project but received benefits from the construction will be assessed for tbs project. 11. 'Lots that are adjacent to a 12' wide bituminous street installed for City purposes which front on another street in the project viii not be assessed for footage on the side street. 12. Triangular lots that are combined with a rectangular lot are to be as- sessed for footsge on the long side of the triangular lot plus the footage of the remaining lot or lots. 13. Duplexes are to be assessed on the basis of tvo units plus area and footage, with a minimum on the footage of 80 feet. 14. Lots that have streets on three sides are to be assessed for footage on the long side and the average length of the other two sidea. 15. The cost of driveway entrances over 12 feet vide are assessed dlrectly to the property owner. 16. Commerclat or industrial property get 1-1/2 units. 17. Credit is given for past storm sewer assessments except that when credits exceed the assessment no assessment wilt be levied and no sessment paid. 18. There is a maximum of 250 feet and 25,000 square feet per residential parcel. 19. Storm severs are assessed as part of the street improvements and these assessments are included in the unit, square footage and frontage charges. Case No. 85-442 CITY OF HOUND Mound~ Minnesota PUBLI~ HEARING ON ZONING AHENDMENT FOR COND!.TIONAL USE'PROV'ISIONS OF. 23.635'.3 TO ALLOW CONSIGNMENT/GIFT SHOP BY CONDITIONAL USE PERMIT TO'WHOM I.T HAY CONCERN: NO~ICE IS HEREBY GIVEN that a 'Public Hearing will be heid on Tuesday, September lO, 1985, at the City Hall, 534l Maywood Road, · Mound, Minnesota, at 7:30 P.M, The Hearing will be held on the' amendment for the Conditional Use Permit Provisions of the B';3 Zoning'District'.(Neighbo~hood Business)' of the Mound Zoning Code to allow gift shops by Conditional Use Permit. Such persons as.d~sire to be heard wi th reference to the above, wil'l be heard. at this meeting. -Fr~hEe~ne- C. clark-~ Ci~¥"Ci~ 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: September 4, 1985 S[JBJ: Zoning Ordinance Amendment CASE NO.: 85-442 VHS ~ NO.: 85-310-A26-Z0 Gall Rager 5098 Three Points Boulevard EXISTING ZONING: Neighborhood Business (B-3) (/DMPREHI~S~~: Commercial Case No. 85-442 PROPOSAL: The applicant is requesting that the City of Mound amend the zoning ordinance to allow consignment shops in the B-3 zone either as permitted uses or as a conditional use. It is the applicants intent to operate a combined restaurant and consignment craft shop at 5098 Three Points Boulevard. The request at this time is limited to the ordinance amendment. If the Planning Commission and City Council amend the ordinance to allow such uses by conditional use permit, Gall Rager will have to file an application for conditional use permit approval at which time, specific details of the proposed restaurant/consignment shop operation will be addressed. ISSUES: In order for the zoning ordinanqe to be amended, the Planning Commission must find that a proposal "Reflects changes in the goals and policies of the co~unity as reflected in the plan or changes in conditions of the City." In previous cases, the City has also amended the ordinance when it has been demonstrated that an error was made either in the drawing of the map or the compiling of the text. Case No. 85-442 In considering whether or not the proposed zoning ordinance amendment is appropriate, the Planning Commission should keep in mind that the amendment must not only fit the Three Points Boulevard property but must be workable throughout the entire B-3 zone. Consideration should be given to land use compatibility and traffic concerns. Additionally, consideration must be given to whether or not the proposal meets the purpose of the B-3 zone which is defined as "The neighborhood commercial center shall function as a small service area whlehmay supply local retail sales to nearby residents." The stated purpose of the B-3 zone emphasizes the term "neighborhood". The Neighborhood Business zone is intended to provide services to the surrounding neighborhood, not the community at large. The primary basis for the Planning Commission's decision on this proposal becomes an interpretation as to whether or not consignment shops are consistent with the purpose of the B-3 zone, in other words, are they neighborhood businesses? RECOMMENDATION: If the Planning Commission finds that consignment shops are neighborhood businesses, it is recommended that the proposed zoning ordinance amendment allowing consignment shops as conditional uses in the B-3 zone be approved. If the Commission finds the proposal inconsistent with either the purpose of the zone or the rationale for zoning amendments, the proposal should be denied. If the Planning Commission approves the request, the following motion is suggested: .Motion to amend Section 23.302 of the Mound Zoning Code to establish the following deflnition: Consignment shops - small scale retail shops selling goods on consignment. Goods shall be limited to hand made craft items consisting of clothing, soft goods and/or furniture accessories. Section 23.635.3 of the Mound Zoning Code is amended to include consignment shops as a conditional use. [I AUG I 1985 , Oz MOUND Case No. ~ ~ - "/'/~2,., CITY OF HOUND APPLICATION TO PLANNING & ZONING'COMMISSION ... (.Please type the following information) Street" Address of PbopertySO~ ~ ~S. ~)lVJ ~ Legal Description of Property: Lot J~, J'~. . Block 4. Appl'icant (if. other than'owner): '. Name Day Phone No. Address , ,5. Type of Request: ( *If other, specify: ( ) Variance ( ).Conditional Use Permit ( ) Zoning Interpretation & Review ) Wetland Permit ( ) P.U.D. (X) Amendment ~ Sign Permit )*Other Present Zoning District ,73-~, Existing UseCs) 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, action taken an.d provide Resolution No.(s) Copies of previous resolutions shall accompany present request. I certify that all of the above statements and the statements contained in any required 'papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this 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. Slgnature of Applicant ' ~]~g]~ .t~_~i/I- ~) Date ~/~¢~tp~-', , Planning Commission Recommendation: Date 9-9-85 Council Action: Resoluti0h No. Date '~rocedure for.ZOning Amendments (2) Case D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections_ III.An Amendment to the Zoning Ordinance (Answer either A or B below) A. It is requested that Section %),~J o~ the Zoning Ordinance be amended as follows: ~ ~men~ment to'Map: .... It is requested that the property described below and shown on the attached ' site plan be rezoned from to . Address of Property:~0f~ x~?N~c~ ,~/ffJ. Legal description of property (lot, block, subdivision or metes and bounds) Attach additional sheets, if necessary) Present Use of Property: Reason for Amendment: Note: -No application of a property owner for an amendment to the text of the ordi- nance or the zoning map shall be considered by the Planning Commission within one year period follow.i.ng a denial of such request. C~se No. 85-442 - COMMON CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER WETLANDS PERMIT AND PRELIMINARY PLAT AND FINAL PLAT OF LAND TO BE KNOWN AS !'SINCLAIR COURT" TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September IO, 1985, at the City Hail, 534I Maywood Road, Mound, Minnesota, at 7:30 P.M. to consider a Wetlands Permit and Preliminary Plat and Final Plat of land described as follows: Lots 7 through 13, Biock 16, The Highlands - PID Numbers 23-I17-24 34 0052/0053/0054/0055/0056/0057/0058. Such persons as desire to be .heard with reference to the above will be heard at this meeting. Francene C. Clark, City Clerk McCOMBS-KNUTSON ASSO INC. CONSULTING ENGINEERS · LAND SURVEYORS ,m PLANNERS August 7, 19GS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Jan Bertrand Planning and Zoning City of Mound 5341 Maywood Road Mound, MN 55.c~o4 SUBJECT: Proposed Plat '- Sinclair Court File Dear Jan: As requested, we have reviewed the plans submitted for preliminary and final plat approval on subject subdivision. As you are aware, these plans were prepared by our office back in lg?B. At that time final plat approval was granted by the City Council, but the project did not progress beyond that point. '-Since that time the City has adopted a wetlands ordinance which will affect this development. A portion of the proposed street, as well as part of existing Sinclair Road, falls within the protected wetlands, which will require a wetlands permit from the City. Lot 5 will also require a variance to allow fill to be placed to the 931.0 elevation. This was a condition of the plat approval in 1978 and will be a necessity this time also, or Lot 5 would be unbuildable. The following are our comments and recommendations which should be included in the final plat approval by the Council. The proposed grading and drainage plan and street plan are to be approved by the Minnehaha Creek ~atershed District and Department of Natural Resources. Final Plat approval should be contingent upon receipt of all permits from governing bodies such as the M.P.C.A. and the State Health Department. Outlot A be dedicated to the City of Mound as the park dedication. An additional Escrow fund in the amount of $5,000.00 be established to cover Engineering, inspection and administrative expense during construction. Furnish the City with a performance bond i~ the amount of $80,000.00 to cover the cost of: a.) grading, b.) sanitary sewer, c.) watermain, d.) storm sewer and e.) streets; all in ~'~ IL{ 3,~ printed on recycled paper conformance with City approved plans and specifications at the sole expense of the Developer end in conformance with Chapter 88 of the City Code: if, in lieu of the Developer making improvements, the. City proceeds to install any or all of said imprdvements under the provisions of Chapter 429 of the Minnesota State Statutes, the above mentioned bond shall guarantee payment in full by the developer for the cost of said i~provements upon completion and assessment of the improvement. Developer shall enter into a Development Contract with the City, establishing performance and requiring that the date of completion of utilities and streets.be set as a date no% later than the first anticipated date of issuance of the first Certificate of Occupancy. If such Certificate is anticipated to be issued during the winter months, construction must be co~pleted by November 15th. No filling below the elevation of 9E~ above sea level shall be permitted on the proposed lots, with the exception of Lot 5, which shall be restricted to placing of fill below the elevation of 931. If you have any questions or require additonal information, please contact us. Very truly yours, McCOMBS-KNUISON ASSOCIATES, INC. JC: cah p~intedon ~ec¥¢iedpaper COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS [] LAND SURVEYORS [] PLANNERS September 3, 1985 3an Bertrand Planning & Zoning City of Hound 5341 Maywood Rd. Hound, HN 55364 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 SUBOECT: Proposed Plat Sinclair Court File #3526 Dear Jan: As requested we have reviewed the Planning Commission Minutes from their meeting on August 12, 1985 and have the following comments to offer. The suggestion was made to assess a park dedication fee of $350.00 per l~t with a credit of $100.00 per lot for dedication of outlot A to the City. This would leave a required fee of $250.00 per lot, or a total of $1,250.00. The City's subdivison ordinance calls for a park dedication fee in the amount of 10% of the market value. The combined 1985 market value of this property was set at $11,300.00 of which 10% would be $1,130.00. We do not believe this proposed plat should be assessed more than this amount. We have also reviewed the drainage in the proposed plat. We do not foresee any potential drainage problems created by the new development. The cul-de-sac on the proposed street is approximately 2 feet lower than the end of Priest Lane. The building sites on Lots I thru 4 are on the ridge between the wetlands to the north and the proposed street on the south. Host of Lot 5 will drain directly to the wetlands on the south. The proposed street will have curb and gutter and storm sewer which will drain to the wetlands in outlot A. We would also suggest that soil tests not be a requirement in the plat approval. At the time the sanitary sewer and watermain are installed a visual inspection will be make of the material excavated and if it is questionable a soils engineer will be contacted for recommendations on the street construction. If the soils engineer needs tests to make his recommendations, they can be done at that time. If you have any questions or require additional information, please contact US. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. oh~nCameron~~~ OC:djk AV7¢ printed on rec¥,~]ied paper Planning Commission Minutes._ Cases 85-4'34 &.85-435 Wetlands Permit and Preliminary and Final Plat for Sinclair Court Subdivision; Lots 7 thru 13, Block 16, The Highlands Louis M. Derner, President of Derner Industries, Inc. was present. The Chair stated.that this was a public hearing and she asked the Building Official to..re¥iew the'requests. 'The Building. O.f_ficial noted that in they had final approval on this plat, 'At that time all of the permits were issued by.the State Health Department, the DNR, Watershed District and the PCA for the watermains and so on; 'and they are in the process right now of reapplying to all these agencies for approval again without any changes in their design. She talked to the Watershed Oistrict because one of her concerns was that slnce 1978, Mound has adopted a Wetlands' Ordinance and this does require that applicant file for a Wetlands Permit because.'they, are.proposing to do some filling in the .wetlands portion of. this property. A1 so, 'because' of the. lapse of time, all approvals have expired and we have' to go through the public hearing process again. She then ~ent through s6me of the recommendations in the City Engineer's report. Applicant is proposing that ~he wetlands on south of plans marked "Outlot A" be dedicated to the City for'ParK DediCation. The street would be.extended off of the existing Sinclair Road. That area .also, (shown by dotted line), is below the wetlands elevation so a portion'on the south of Sinclair Court.would require filling;~Lot 5 also is .be'Iow the 932 elevation set for the wetlands. TO the north is another wetlands. Sinclair Court is basicall, y a ridge between the two wetlands,' Muriel. Road'. is an unimproved right-of-way .and wetlands extends to the south edge.of the. platted Muriel Road. Ordinance allows'wetlands platted into your property in figuring your lot area except land riparian to Lake Minne- tonka. All of this property ls in the.R-2 Zoning District so lots'actually would only be .rEquired to be 6~OOO.$quare feet in size. Ail have been platted at over 10.;000 square feet.. The City Engineer ii recommending this Plat be . · approved with an escrow fund of $5,000 and performance bond would be $80,000'. to insure the-construction of roads, sewer and water, etc. Also recommended is that there be no filling below the 932 elevation except to Lot 5'which is restricted to placing of fill .below the e.lev;~tion of 931.' She pointed out areas proposed to be filled. The Minnehaha 'Creek- Watershed District will require that. if filling is done, other Storage area of the.same capacity.be designated thus keeping capa- city the same. Weil'and asked 'If Outlot A could be dredged for storage? Bertrand would l'ike to have an. Item 8.ad. deal, stating that soil tests are needed 'where road~ way is to be put in for SInclalr.l~oad. Discussed where roadway .would be. Derner said roadway to Sinclair Court'wil'l turn left 50 to 60 feet from end of Sinclair Road. Reese questloned, what.would..be.done with the' stagnant Pond.'. City Manager advised that was~Lagoon Park. There Is no lake acce. ss for the development. The Ci~air opened the public heai-ing. · The. follow. J'ng persons had questions and/or. comments:' i. Dean Flemi-ng, 2. l~arren Shaffer, 3. Bob Tomalka, 4, John Bill, and 5.' AIvina Shaffer. " .' Their biggest concern was f~r the effect the subdivision would have on drainage In the area Planning Commission Minutes Augu____?~_12, 1985 I The. Chair closed the public hearing. The Commission discussed the drainage prob- lems~ posslbl!!ty, of splitting parcels into smaller lots~ park dedlcation','etc. The Building Official suggested adding stipulation lots not be allowed to be split because of the environment, wetlands~ dralnage and topography of the' land. On park dedlcal~lon of Outlot A~ the Planner commented it would have .to be a 'determinatlpn made"b~ tl~e Council if they were looking for land.or cash in lieu of; he-stated there wasn't-much usable from a park standpoint; there'is from a wetlands 'protection standpoint; .he recommended asking for cash in addit.ion to the wetlands. The.C|t.y Manager advl-sed that some kind of park.dedlcatidn could cover the cost of upgrading wetlands so you really hav. e a preservable wetlands. Elam suggested contacting Joel Set,les of Hennepin Soils and Water Conservation District on what could be done to improve quality of wetlands. Reese moved and We iland' seconded moving the staff's recommendetl'on with l) the additional proviso that the lots cannot be subsequently sUbdivided because of the environment, wet]ands, drainage and topography of the land, and 2) thai: the owner be gi. ven $100 per lot credit, for park· dedication fee for 0utlot A plus $250 per lot to be assessed to be used for the improvement of the new park; '3) the Planning' Commission asked the. staff to be particu)ar)y sensi- tive to the drainage issues that.:residents have brought up and 4) that ·soil tests be made of roadway area where Sinclair. Road will be put in. The vote on the motion was unanimously in favor. Motion carried. The Cit~ Council .will be asked to set'the'public hearing for SePtember 10, 1985. Hennepin Conservation District 12450 Wayzata Boulevard, Suite 205- Minnetonka, Minnesota 55343 -Telephone (612) 544-8572 August 28, 19~5 Ms. Jan Bertrand- Building Inspector City of Mound 5341 Maywood Road Mound, MN 55364 Dear Jan: This letter is in response to yo6r request for sugges- tions and management alternatives for the wetland adjacent to Lagoon Park. The City must decide whether this wetland will be managed to protect the water quality and aesthetics of the wetland itself, or if the wetland is Go be used as a sediment and nutrient trap to protect the water q~ality of Lake Minnetonka. Some wetlands can be managed to perform both-functions effectively. This wetland, due to its small size and limited drainage area, cannot perform both tasks well. The basic approach for the improvement of this wetland involves regulating the wetland's hydrology in such a way as to prevent stagnation during periods of low flows. The aes- thetically unpleasant attributes of stagnant water may be minimized by increasing the volume of water stored in the wetland, encouraging water circulation during periods of low flow and/or periodic flushings. The volume of water in the wetland may be increased by raising the elevation of the wetland's outlet or by excava~ ting the wetland to increase its depth. The water level in this wetland cannot be increased significantly without flooding adjacent property. Excavation is the most viable alternative for increasing the volume of water in the wetland. Increasing the depth of water in the wetland by excavation would result in an increased contribution by ground water (relative to surface runoff) to the total wetland volume. Increasing the depth of water would also improve the wetland as water fowl habitat. Stagnation will occur during periods of low flows even with an increased water volume. Artificially circulating the water with a pumping system could minimize the buildup of duckweed across the entire wetland by creating surface currents that would entrap the floating duckweed near 'shore. A fountain, water cascade, or air injection system, would help alleviate oxygen deficits and related odor problems. Flushing the wetland periodically by lowering the outlet CONSERVATION - DEVELOPMENT . SELF-GOVERNMENT Ms. Jan Bertrand August 28, 1985 Page 2 elevation and/or adding groundwater can remove stagnant water and improve the wetland's aesthetics. The basic approach for the improvement of the sediment and nutrient trapping capabilities of wetlands is to reduce the rate of water flow through the wetland. This can be achieved by increasing the wetland's retention time or by reducing the amount of water discharged to the wetland. Negative effects associated with reduced flow rates and longer retention times include the increased likelihood of stagnation and the aesthetic problems caused by that stagnation. Maintaining the status quo would essentially be choosing this'approach. I hope you find these comments helpful. If you would like additional information on either of these management alternatives, do not hesitate to call me. Sincerely, ~C. Settles District Limnologist JCS:sj J'dL 2_ 9 iB~PR:.EIC^TION FOR SUBDiViSiON OF FA,.:,~. o_o ..... ~'""'[ Sec. 22.03-a ..... , i~,~,.-,..~, VILLAGE OF MOUND ' FEE $ ~ZO. o o ! I,FO,O: /00, g'.~ PARCEL Loca:lion and complete legal description of property to be divided: ZONING To be divide~ as follows: (attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: qew Lot No. From Square feet TO Square feel Reason: (signature) ,,t,/,.,,-, //~/e /t,,. Applicant's interest in the property: ~c,~;~ '.5-~ ~" 't Z Y J TEL. NO.¢ ~,C..4..~ -~'t. eO DATE This application must be signed by all the OWNERS of the property, or an explan- · ation given Why this is not the case. PLANNING COMMISSION RECOMMENDATION: CITY OF MOUND Street Address of Property ~'~,$ 7 -~' /':~ Fee Paid Date Fi led APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Legal Description of Property: U Owner's Name Applicant (if other than owner): Address ~'~,~? ~ 5. Type of Request: *If other, specify: Block /'~ P ID No. ¢..~.~-,//7-o9 Day Phone No. ,~.~'- Day Phone No. ~~ ... ( ) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review (~) Wetland Permit ( ) P.U.D. ( .) Amendment ('~ Sign Permit ( )*Other 6. Present Zoning District Existing Use(s) of Pro'perty 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, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request. .I certify that all of the above statements and the statements contained in any required 'papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this 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 req~ired_/,~ law. , ~ Signature of Applican~.~-_~ '~ . Date ~-~.~-- Planning Commission Recommendation': Date Council Action: Resolution No. Date DATE: APPLICANT'S NAME: OWNER'S NAME:' ADdress: :::: :. .. ~' # 175 · 9184 ~.' GRADING .APPLI CA~i~O_N 2 9 :"': " ,:.~.~: ~ ~'.;. i..: :':,~-.:' CITY:, #5.~' ~'~ ~ / PHONE ~: ~fi~-~7~ SITE ADDRESS: ~/~-' LEGAL DESCRIPTION: (See reverse side for instructions) ... DESCRIPTION-OF WORK:v,.'/~ ~_, ~~-~ - -~-~~ OTHER AGENCY APPROVALS: NUMBER OF COBIC-YARDS TO BE MOVED: BOND REQUIRED: $ I hereby acknowledge that I have read this application and state that the informa- tion is correct and agree to comply with the City of Mounds Codes and the State of Minnesota Laws. FEE: $ ,Signature of Permi ttee: PLAN CHECKING FEE $ GRADING PERMIT FEE TOTAL FEE $ APPROVED BY PERMIT TO EXPIRE WITHIN I YEAR OR 180 DAYS AFTER FILL PLACEMENT IS DISCONTINUED. Information to be 1. 2. 3. 4. 5. included: Time schedule of completion of work.. Purpose of work/fili.. Proposed surface restoration Describe erosion control measures. ! ! ./ ITl Z PROPOSED RESOLUTION CASE NO. 85-434 RESOLUTION NO. 85- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE WETLANDS PERMIT AND FINAL PLAT KNOWN AS "SINCLAIR COURT"FOR LOTS 7 THROUGH 13, BLOCK 16, THE HIGHLANDS, PID NUMBERS 23-117-24 34 0052 THROUGH 0058 PLANNING COMMISSION 1985-434 WHEREAS, the final plat of Sinclair Court has been submitted in the manner requested for platting of land under the City of Mound Ordinance Code, Section 22.00 and under Chapter 462 of the Minnesota Statutes, and all proceedings have been duly conducted thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the Laws of the State of Minne- sota and Ordinances of the City of Mound; and WHEREAS, the Planning Commission of the City of Mound has reviewed said plat and found it to be consistent with'the City plan and the Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota does: Hereby approve the preliminary plat and final plat, Exhibit A, approval as requested by the applicant upon the following conditions, exhibits and agree- ments as follows: 1. The proposed grading and drainage plan and street plan are to be approved by Minnehaha Creek Watershed District and Department of Natural Resources. e Final plat approval is contingent upon receipt of all permits from governing bodies, such as, Minnesota Pollution Control Agency and the State Health Department. Outlot A is to be dedicated to the City of Mound as a portion of the Park Dedication Fee with the remainder of the lots assessed at $ (to be filled in by the Council at the time of the approval) at the time of con- struction. An escrow fund in the amount of $5,000. be established to cover engineering, inspection and administrative expenses during construction. Furnish the City with a performance bond in the amount of $80,000 to cover the cost of: A. Grading, B. Sanitary Sewer, C. Watermain, D. Storm Sewer, and E. Streets; all in conformance with the City approved plans and speci- fications at the sole expense of the developer in conformance with Chapter 22 of the City Code. If, in lieu of the developer making improvements, the City proceeds to install.any or all of said improvements under the pro- visions of Chapter 429 of the Minnesota State Statutes, the above mentioned bond shall guarantee payment in full by the developer for the cost of said improvements upon completion and assessment of the improvements. The developer shall enter into a development contract with the City, estab- lishing performance and requiring that the date of the completion of utilities PROPOSED RESOLUTION CASE NO. 85-434 and streets be set as a date not later than the first anticipated date of issuance of the first certificate of occupancy. If such certificate is anticipated to be issued during the winter months, construction will be completed by November 15. 7. No filling below the elevation of 932 above sea level shall be permitted on the proposed lpts, with the exception of Lot 5, which shall be restricted to placing of fill below the elevation of 931. 8. Final plat conditioned upon the lots not to be subdivided in the future due do environment concerns for drainage and preservation of land. 9. City Attorney's title opinion approval. 10~ All construction plans shall meet the requir, ements of the City Engineer and his recommendation letter dated August 7, 1985. That the City Clerk is hereby directed to supply a certified' copy of this resolution to the above named owners and subdividers after completion of the requirements, for their use as required by M.S.A. 462.358. That the Mayor and the City Manager are hereby authorized to execute the the certificate of approval on beha.lf of the City Council upon compliance with the foregoing provisions. D o This final plat shall be filed and recorded within 60 days of the signing of the hardshells by the Mayor and City Manager in accordance with Section 22.00 of the City Code and shall be recorded within 180 days of the adoption date of this Resolution with one copy being filed with the City of Mound. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper com- pliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all all in compliance with M.$.A. 462 and the Ordinances of the City of Mound. September 6, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: CITY COUNCIL ACTING CITY MANAGER I have spoken with Curt Pearson about the resolution that was submitted by the applicant at the last meeting. He, Jan and I agree that his original resolution more accurately reflects the events that have happened. Jan ~has made some revisions and filled in the blanks. One thing the Council should be aware of is that there are several people out there who are watching the outcome of this item because they have very similar situations with potential hazardous buildings and whatever your decision is, it will probably set a precedent for them to base their request on. in the admission or access to, or treatment or employment in, its programs and activities. 152 July 23, 1985 MINUTES REGULAR COUNCIL MEETING JUL~ 23, 1985 The City Counc'il of Mound, Hennepin County, Minnesota, met in regular session on July 23, 1985, at 7:30 P.M. in the Council Chambers at 5341 Maywood 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, Building Inspector Jan Bertrand, and the following interested citizens: Steve Pauly, Todd and Kimberly Yilek, Aaron Applequist, Mary Pacholke, Greg Gustafson, Scott Anderson. The Mayor opened the Meeting and welcomed the people in attendance. He then asked th'at 2 items be added to the Agenda tonight. 1. A public hearing on accessory apartments in single family residential districts. ~. Report from the Hennepin County Health Dept. concerning Captain Billy's. Restaurant. The Minutes from the July 9, 1985, Regular Council Meeting were presented for consideration. The City Attorney asked that the Council continue these Minutes until the next meeting in order to allow Jim Larson (City Attorney at the July 9th Meeting) time to review them. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to continue the Minutes of the July 9, 1985, Regular Meeting until the August 13, 1985, Regular Meeting. The vote was unanimously in favor. Motion carried. CASE {85-4R2: AARON M. APPLEOUIST & MARY J. PACHOLKE~ 2624_ WESTEDGE BLVD.~ HOUSE SIZE VARIANCE TO DO STRUC- TURAL REPAIRS The Building Inspector reported on the structural modifications that would be needed .on this undersized home. She further explained that according to the Zoning Ordinance a 'nonconforming structure can have modifications worth up to 50% of the fair marke% value of the structure. The building is currently valued at $5,400. The listed modifications that she listed on June 28, 1985, would exceed 50% of the value. Therefore, she recommended that the Council declare the building unsafe and proceed to have it removed. 153 July 23, 1985 The applicants, Mr. Applequist and Ms. Pacholke~ were present asking that the Council grant them a variance and give them time to repair the unsafe conditions and bring the building into conformance with the zoning and building codes. They submitted a petition signed by 90 persons asking that the applicants be granted a building permit and variance. MOTION made by Mayor Polston, seconded by Councilmember Paulsen directing the City Attorney and the Building Inspector to. prepare a resolution, setting down facts of what has to be done to bring the building into conformance, and also ghat the applicants provide a bond or letter of credit to have the work done within 2 years. This resolution to be brought back to the City Council for approval at the next meeting, August 13, 1985. The City Attorney asked the applicants if they were the fee owners of the property. The applicants stated no, they are buying on a Contract for Deed from an estate. The City Attorney pointed out that the people from the estate would also have to agree. He further stated that in'his opinion, enforcement of a bond or letter of credit of this type would be difficult. The City Attorney asked if'the applicants intended to live in the unsafe structure as they made improvements. The applicants stated yes and they would be willing to sign a waiver not to hold the City liabel for their safety. The Council' asked that the safety improvements be the applicant's first priority for improvements. The Building Inspector will prioritize these in the resolution. The Council also asked that the applicants work with the Building .Inspector. The vote on the original motion was unanimously in favor. Motion carried. CoUncilmember Smith suggested that the Planning Commission look at an ordinance to inspect homes for code violations of sufficent notice, to require condemnation when they are placed for sale. The Mayor suggested that the Staff research this instead of the Planning Commission. Councilmember Smith agreed. The Council agreed that this would be a good thing to look into. BLUE LAGOON MARINA~'STEVE PAULY The City Manager explained that there was not enough publication time for a public hearing at this meeting, but that Mr. Pauly is present to answer the Council's questions. The official public hearing to consider revocation of Mr. Pauly's Conditional Use Permit at 5542 Lynwood Blvd. will be held August 13, 1985. RESOLUTION NO. REVISED RES. A RESOLUTION ESTABLISHING A VARIANCE FOR PROPERTX AT 2624 WESTEDGE BOULEVARD IN MOUND WHEREAS, Aaron M. Applequist and Mary J. Pacholke, who reside at 2624 Westedge Boulevard, Mound, Minnesota, have made application to the City for a variance on a nonconforming property; and ~ " WHEREAS, the B~ild~ng Inspector has ~ep0rted to this Council that ~he property is located in the ' R~i District and requires a lot area of 10,000 square feet anda lot width of 60 feet, and a minimum floor area for the house of 840 square feet; and WHEREAS, the Building Inspector has examined the house and is of the opinion that property owners would be better off if they demolished the existing structure and started over but Aaro~'Applequist and Mary paCholke are purchasing this property under a contract for deed from the Estate of Christ Kallevig and the personal representative for that estate is Everett Kallevig, and it is their belief that they can rehabilitate this structure; and 'WHEREAS, on July 8, 1985 the Planning commission reviewed the request for variances and the right to add on or structurally change the building and the Planning Commission recommended to this Council that the request for a variance be denied for all the reasons set forth in the hearing and the staff report; and WHEREAS, on July 23, 1985 this matter was returned to the City Council who considered it and have directed the staff to work with the property owners to attempt to rehabilitate the structure; and WHEREAS, at the direction of the 'City Council the Building Inspector did go out an~ make a compl:ete and thorough review of this building., all of which is set forth in a report entitled,i "Report. of Inspection Relative to Hazardous and Dangerous Buildings", dated July 31, 1985 and attached, hereto as 'Exhibit A; and WHEREAS, the Building Inspector. has recommended to this Council that n.° variance be granted unless all of the work set forth in her report and as set forth in this resolution be accomplished and that a copy of this resolution be placed of record in the office of the County Recorder and/or Registrar bf Titles of ~ennepin County so that the work will be done or the City will be authorized to proceed under a bond; and WHEREAS,. upon the execution of a copy of this resolution showing a complete understanding of its terms by .Mary Pacholke, Aaron Applequist and Personal Representa- tive Everett Kallevig'for the Estate of Christ Kallevig, then in that event, the City may proceed to grant the variance and. authorize a two year building permit for the repairs, improvements and addition to this property in accordance with the additional terms of this resolution, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound: 1. 'Personal' .Represent~ative,. EVerett Kallevig, for. the. Estate of Christ Kall evig, and ..Mary Pachol ~e and Aaron Applequist, contract for deed vendees, are hereby granted· a .variance·and.~Fare to be ~ssued la. two year building permit for repairs, Improvements and an addition to.the property.at 2624 Westedge Boulevard in the City of Mound based, lupon the following terms: ' A. All' ~af'et~--~'na he~i'~-~-~'~i§io'ns 'required by the Building ..... ......_I~P~C.t_0r- ~nd___s_e~..f_or.t..~. i_.n.~_E_~hibt B shall be c.ompleted by. ~he app.!i, cants._ .... B. A Performance'bond-or..letter Of~credit or escrow account in the amount lOf $' 17,500. ' shallbe.filed .~unning' to ithe iCity of 'Mound which provides that if the work on this structure has.' not'been completed by December 31, 1987', two years from the .issuance of the building Permit, the City of Mound shall .have the legal· auth6rity to go in and enter upon:-the property to complete th~ work or to have the 'property.demolished. · ~.~ ". 2. The fee owner and the contract vendee purchasers shall execute .... a copy of this resolution indicating their complete and total agreement. with this arrangement. 3. A copy of this resolution shall be filed in'the office of the County Recorder and/or Registrar of Titles signed by Personal Representative Everett'K~llevig for the Estate of Christ Kallevig and by Aaron Applequist and Mary Pacholke, as contract vendees, indicating that the City of Mound shall have the right to enter upon the following legally described parcel to complete the work in accordance with this resolution or shall have the authority to have the property demolished if all work .required.by this resolution.are.not completed.3~!- D~cember '3~"~98~, two ye~fs from issuance of the buildi.ng permit..The property is legally described as follows: "The North 50 feet of th~'-part ~-~~~' Lot 3 of 23, Township 117 North,.Range 24, West of the Fifth Principal Meridian, described as follows: Beginning 227.5 feet South of the Southeast corner of government Lot 4 on the West line of said Government Lot 3; thence South. along said West line a distance of 100 feet; thence at right angles East 506.3. feet ' more or less to~th~ shore of Lake Langdon; thence Northwesterly. ~long said shore line 137._ more or less to a line'drawn e~st perpendicular to said'West line from the point of beginning; · .. thence West to the point Of beginning."' 4.. The following listedminimum improvements shall be made on or before-~eCemberi!3],1985 t9 make this habitable during the winter season: A, A~ approved heating insta]]atio~ capable of maintaining a ~0om -temperature of 70°F.at a point 3. feet above the floor in all habitable rooms. B. Install a water heater with connections to a.bath tub'·or shower and kitchen sink; install waste, vent and·water supply to all existing plumbing fix- tures. Installation of heat tapes, insulation or anything necessary to prevent freezing of water pipes if this is a problem. 5. The fee owners and contract vendee owners·shall agree to hold the City of Mound·and any and all of its officers harmless from any and al! claims which may result from health or safety hazards on·the property and from which any ofsaid · parties may be injured while residin§ on the premises. Attest: Mayor City Clerk We, the undersigned, are all of the fee owners and/or contract for deed purchasers of the above legally described parcel. We agree to all of the terms contained in this resolution and understand 'that an eXecuted certified copy of this resolution will be filed with the County Recorder and/or Registrar of Titles of Hennepin County. We further agree that if all work 'is not completed on D~c~mb~r 31 , 198 7 , the City of Mound or its agents may enter upon the above property and complete all the work agreed to and set forth in the resolution. Mary Pacholke Aaron Applequist Everett Kallevig, Personal Representative of Estate of Christ Kallevig State of Minnesota County of of The foregoing instrument was acknowledged before me this ., 19 ., by , day Notary Public CITY OF 10iI~UND EXHIBIT "A" REPORT OF INSPECTION P-I::.LATI%rE TO HAZARDOUS AND DA~NGEROUS BUILDING(S) AT Westedge Boulevard, CITY OF ~IOUIID SITE ADDPdESS 2624 Westedge Boulevard DATE July 31, 1985 WHAT INSPECTED single family dwelling PRINCIPAL USES 1 single family structure USE ZONE R-1 FIRE ZONE N/A LEGAL DESCRIPTION Commencin~ 227½ feet south from southeast corner of Lot 4_ than south along west line of LoL 3 d dis~an~ of 50 feet than east at rigl~t angles to shore of Lake Langdo. than northwesterly along said shore to point due east from beginning than west to beginning ~A--~:A-- OO. ?'~ # 23 117 24 24 0005 OI'/NER Mary Pacholke and Aaron Applequist 472-3OO8/ ADDRESS 2624 Westedg.e Boulevard, MoUnd, Minnesota PHONE ~-6868 AGENT ADDRESS CUPANTS PHONE )RESS PHONE HEIRS of Estate of Christ'K. allevig - AcJministrator Everett Kallevig ADDPESS Route 1, Willmar, MN. 56201 PHONE. GUARDI AN ADD.P~SS LI EK-H OLDE.PS · PHONE ADDPJESS CONSTRUCT/ON OF BUILDING wood frame PH ONE NO. OF STOPIES TYPE OF HEATINg PLANT none CC:!~E, 2']'iOK C,.r HLA?iNG -~].~.J¢T BUILDING INSPECTION (HAZARDOUS & DANGEROUS) ELECTRIC LIGHTING AND WIRING 60 amp service; inadequate outlets and receptacles below minimum and hazardous CONDITION OF ABOVE KIND OF ROOF 2 X 4's - 2 foot on center oversDanned with roof boards CONDITION OF ROOF. poor CONDITION OF B-ASEML=NT cr%wl space-'extremely poor CONDITION OF WINDOWS fair ADEQUATE LIGHT AND AIR PROVIDED yes CONDITION OF SILLS fair CONDITION OF CHIMNEYS hazardous with no footing; too close to combustibles ATTIC: HOW USED no storaqe CONDITION OF FOUNDATION WALL bad - no footing and portions with. no blocks; only dirt dug out CONDITION OF. BEARING WALLS not visible - wa]] covered on inside and outside~ but no CONDITION OF NON-BEARING WAL~equate beam and support system under floor CO~DITION OF EXTERIOR WALLS wood siding fair .with interior finish of painted parti board and'shee'trock wi th seams open CONDITION OF PLU~BING poor to fair~ .nfini~h~H ~¥st~rn ~pd subject to freez!ng of ';:s~er pipes, no water heater connected. CONDITION OF OTHER SANITARY FACIL~ITIES-ooo~ e×~_n~ ~nnr ~n;¢h ~rougd ;..,at.e~ 1,,~=~ is plywood with no flooring - CONDITION OF COOKING EQUIPlVtENT LP gas to a ran.oe~ no wmt~r tn $;nl~ nor ;*.,aste and . vent piping MUNICIPAL WATER Yes WELL MUNICIPAL SEWER Yes CONDITION OF INTERIOR, LATH AND PLASTER, ETC. poor TYPE ~3qD CONDITION OF FIRE PROTECTION EQUIPMENT OR FACILITIES none DIMENSION OF BUILDING survey attached SETBACKS, FRONT REAR SIDES DISTANCE FROM OTHER BUILDINGS okay REMAP. KS IN GENEP3kL floor in east bedroom is sloped (converted old porch); house is settinq low to yard grade which poses a drainage problem. Ceiling joists are overspanr 2 X 4's 2 foot on center; west porch is resting on the ground. Roof is saqged. BUILDING INSPECTION (HAZARDOUS & DANGEROUS) LIST SEPARATELY ALL PEP~ITS ISSUED FOR BUILDING )ING HEATING PLUMB IN G Permit # 5042 3-13-79 Value $5,800. for remodeling & siding all of which was no~ completed. Permit # 4353 . 5-3-77 Insulation...& paneling # 81 10/9/62 Wate~ connection #291 10/22/64 Sewer connection # 214 10/22/64 Inside. plumbin9 CONCLUSIONS: IS BUILDING k FIRE HAZARD? yes WHY the use of extension cords due to inadequate outlets and [eceptacles, fireplace too close to combusti'bles. IS BUILDING A HAZARD TO PUBLIC SAFETY? yes WHY overspanned wood member and inadequate foundation system. Ungrounded t'ype electrical system. IS BUILDING A HAZARD TO PUBLIC HEALTH yes WHY all pJumbing is not complete~{~ ki~:chen sink, no hot water, no heating system; plumbin~ is subject to freezinq P~ECO~_MENDATION: CHECK O~]E X 'REPAIR (LIST ALL REAPIRS REQUIRED) as per attached. REMOVAL WERE PHOTS TAKEN? yes, before'1979 IF SO, ATTACH COPIES TO THE REPORT. ~.qGHOO~%{ XANI]OD HJ, IM GHqIt ,T,H~IOD .~0 HH~gD HJ, IM GH~II.~ N.~H~f,T. NOI,T,D~ 3,~dOO GIAHHS MOH HDN~fIq~OO HO~I-~IJ. G~ASOd DNIGqI~ NOIAO~ 7IDNDOD DNI'~t%f~H ~IIDNIIOD NOI LD~ J~uu!~s 6~J9 'pueJ3J~ ueF 'u~sl~nJ1 AJU~H :S,T, HOc~.g%t G.g~I~ GNtf S~SI[{.wHct '.~H,L G.w.T,D~SNI OHM S~O,T,D.WcISNI Tiff ~O SSfm~fN (SDOH29N~G 9 EXHIBIT "B" REPAIR LIST FOR 2624 WESTEDGE BOULEVARD: Install a new footing and foundation wall for crawl space at the structure perimeter. Install 100 amp electrical service with 20 amp circuit to the kitchen grounding for service and equipment; remove all hazardous wiring throughout (worn~ open splices, any missing junction boxes, etc.) Install a ~new heating system to meet current code. Complete and install plumbing piping to all fixtures including the installation of a water heater to current code~ Protect the water service and piping from freezing. Install post, beam, and footing pads to properly support floor system. Submit blueprint drawings for all necessary repairs and improvements. Level floor system in the proposed bedroom (converted former porch area). Install smoke alarm adjacent to the bedrooms connected to house w~ring. Remove fireplace and chimney. Correct yard grade to provide drai'nage away from the structure. In'stall beam or install new ceiling joists to allow for proper length of span. Install bracing of the roof rafters; if the roof is replaced, all roof boards shall have solid sheathing placed over it before roofing is applied. 0 :j .:.. .0 o01 I ~ ~ .~. 0  j '*''"-' 0 ~ ~ 4.) ~ i~ ' ~ ~ ~ -,. -~ ~ ~ t., · '.~ ~ ~ ,~.~ 0 0 .~: ~ ~ 0 '-~ ~ · O~ ~ ·~ 0 CASE NO. 1::;5-432 MICHAEL J. ADAMS GREGORY D. GUSTAPSON JAMES D. ATKINSON, III DANIEL R. TYSON GARY D. PIHLSTROM WILLIAM M. HABICHT JAI~ES C. LAMPHERE DAVID J. VAN HOUSE GUSTAFSON & ADAMS, P.A. AT'rORNEYS AT LAW S~JIT~ 411 7400 METRO BOULEVARD EDINA, MINNESOTA 65435 TELEPHONE (612) 83,5-7277 September 5, 1985 0FCOUNSEL HARRY GUSTAFSON VIA MESSENGER City of Mound 5341 Maywood Road Mound, Minnesota 55364 ATTENTION: Fran RE: Balboa Minnesota Co. (Lost Lake Property Option) Our File No.: GDG-85-3112 Dear Fran: I enclose herewith twelve copies of a proposed Option Agreement for the Lost Lake property from the City of Mound to Balboa Minnesota Co.. You will note that the legal description of the property has been left off of Exhibit A; by copy of this letter, I am requesting the City Attorney, Mr. Pearson, to provide me with the legal description of the Lost Lake property. Please confirm my understanding that this matter will be up before the Mound City Council on Tuesday, September 10, 1985. Fran, should you have questions or comments, or should you require additional documentation, please do not hesitate to contact me. Thank you for your anticipated cooperation in this matter. Sincerely yours, GUSTAFSON & ADAMS., P.A. William M. Habicht Attorney at Law WMH:mej Enclosures cc: Mr. David Hultquist (w/enc.) Mr. Curtis Pearson (w/enc.) OPTION TO PURCHASE REAL ESTATE THIS OPTION, entered into this day of , 1985, by and between CITY OF MOUND, a municipal corporation ("Seller") and BALBOA MINNESOTA CO., a Minnesota corporation ("Buyer"). WITNESSETH: WHEREAS, Buyer is interested in obtaining an option to purchase that~ certain parcel of real estate commonly Known as "Lost Lake Property" which is located in the City of Mound, County of Hennepin, State of Minnesota and legally described on Exhibit A attached hereto ("Land"); an~l WHEREAS, Seller is willing to grant to Buyer an option to purchase the Land, all upon the terms and conditions hereinafter set forth. NOW, THEREFORE, For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, Seller hereby grants to Buyer an option ("Option") to purchase the Land during the period and upon the terms and conditions hereinafter set forth. 1. TERM. This Option may be exercised at any time on or prior to a date ("Expiration Date") which is the six (6) month anniversary of written notice from the City Attorney of Seller to Buyer, notifying Buyer that title to the Land is good and marketable, subject only to the Permitted Exceptions (as hereinafter defined). The Option shall be exercised by Buyer giving written notice of the exercise of the Option to Seller prior to the Expiration Date. 2. CLOSING. The closing shall occur no later than sixty (60) days foilowin~ the date on which the Option is exercised. 3. OPTION FEE. Seller hereby acknowledges receipt of the sum of One Thousand and No/lO0 ($1,000.00) Dollars from Buyer ("Option Fee"), which Option Fee shall be retained by Seller in the event the Option is not exercised by Buyer hereunder. In the event the Option is duly exercised by Buyer hereunder, the Seller shall credit Buyer at the closin§, with an amount equal to ,he Option Fee as a deduction from the Purchase Price (as hereinafter defined). 4. PURCHASE PRICE. The purchase price ("Purchase Price"), as said term is used herein, shall be One Hundred Thousand and No/lO0 ($100,000,00) Dollars, which Purchase Price shall be due and payable, in full, in cash or cer- tified funds, at the closing. 5. TITLE. At the Closing, Seller shal'~ execute and deliver to Buyer a Warranty Deed conveying good and marketable title to the Land, subject only to the lien of all unpaid special assessments, real estate~taxes, and easements, covenants, conditions and restrictions of record (collectively called "Permitted Exceptions"). 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Seller shall pay all real estate taxes and installments of special assessments payable therewith, as the same become due, until the date of closing hereunder. Seller shall also pay all special assessments levied or pending as of the date of closing. Real estate taxes payable in the year of closing shall De pro-rated as of the date of closing. Buyer shall pay all real estate taxes and installments of special assessments payable after the date of closing° 7..NOTICES. Any notices required or permitted hereunder shall be deemed properly §iven on the date mailed, if mailed certified or re§iStered mail, po'stage prepaid, return receipt requesteO, addressed as follows: SELLER: City of Mound 5341 Maywood Road Mound, MN 5536q Attention: BUYER: Balboa Minnesota Co. P.O. Box 26 Mound, MN 55364 Attention: David Hultquist -2- b"Ob'" or to such other address as either party may from time to time give notice to the other party at its then current mailing address in accordance with the pro- visions of this Paragraph 7, 8, EXTENSION OF OPTION TERM, Buyer shall have the right to extend the term of the Option fbr one (1) additional six (6) month period by paying to Seller an additional fee of Two Thousand and No/lO0 ($2,000.00) Dollars ("Extension Fee"), which Extension Fee sha}l be retained by Seller in the event the Option is not exercised~by Buyer,, In the event Buyer pays to Seller the Extension Fee, al'~ references herein to the Expiration Date shall relier to the Expiration Date as extende~ by this Para§raph 8. In the event the Option is duly exercised by Buyer hereunder, Seller shall credit Buyer at the closing, with an amount equal to the Option Fee and Extension Fee as a deducti.on from the Purchase Pri'ce. 9. UNDERTAKING BY SELLER. Upon execution of this Option, Seller shall immmediately undertake to remove, eliminate or quiet any and all claims to the Land and ot~er title objections presentl'y existing, including without limita- tion, the claim of Lady of the Lake Church, Seller's predecess, or in interest to the Land, 10. LAW. This Option shall be construed in accordance with the laws in effect in l:he State of Minnesota. The obligations and benel~its hereunder shal~ bind and inure to the benefit of the successors and assigns of the parties he reto. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written, BALBOA MINNESOTA CO. CITY OF MOUND By By Its Its By Its -3- STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. On the~ day of , 1985, before me, a notary public, appeared and , the and , respectively, of City of Mound, a municipal corporation, %0 me known to be the persons described in and who exe- cuted the foregoing instrument, and acknowledged that they executed the same as the free act and deed of the City. Notary Public STATE OF ) ) SS. COUNTY OF ) On the .. day of , 1985, before me, a notary public, appeared , %he of Balboa Minnesota Co., a Minnesota corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of the Corporation. Notary Public This instrument was drafted by: GUSTAFSON & ADAMS, P.A. 7400 Metro Blvd., Suite 411 Edina, Minnesota 5543b (612) 835-7277 AGR28A/BALBOA1.1 -4- EXHIBIT A (Legal description to be supplied by City Attorney) MIS45/EXHIBIT ~og '1 TO: Honorable Mayor, Council Members, and Acting City Manager, City of Mound, Minn. FROM: M. L. "Buzz" Sycks, President of Street Car Boat Center. Subject: Request to' be on the council agenda at the next (Sept. 10th) council meeting. As per my conversation with MiLs F. Clark, it is our desire to request conceptional approval from the Mound Council for going forward on a plan to establish and beautify the Lost Lake Area. Our interest will be centered on Lots 35 and 37, Auditors Sub- division #170 and the following companies have been contacted and agreed to participate: A. Perkins Restaurants. Letter and Photo attached. Will construct a structure 's'imil'ar to the building in the pho.to. In addition, they will establish a pie shop, successfully tested in other markets. ( 35,000 pies in one month sold.) Partial letter of intent attached. B. ~itsubishi International Cor~. Partial ~etter of intent attached. (To be discussed at council meeting) C. Kraus-Anderson Co. Will participate as investors and co-developers. Letter of confirmation available. A conceptional drawing of our plans will be availab~& and presented at the council meeting. Please'confirm our time of presentation on the agenda. Thank You, M. L. Sycks, Pres. Street Car Boat Center RS-Il AIRBORNE August 30, 1985 Mr. Buzz Sykes 5900 Beachwood Road Mound, Minnesota 55364 Dear Buzz: -My letter confirms our discussions of Wednesday, August 28th concerning a potential Perkins restaurant located in Mound. Perkins Restaurants, Inc. is interested in pursuing acquisition of property generally located west of the southwest corner of Shoreline Drive & Cypress. Said interest is contingent upon: TELEPHONE B93-1333 (AREA CODE 612) MITSUBISHI INTERNATIONAL CORPORATION MINNEAPOLIS OFFICE SUITE 1730 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 U,SA. FACSIMILE 612-893-t328 TELEX 275467 MNP UR ou~ R[F. mo. 10-089 September 3, 1985 Mr. M. L. Buzz Sycks Homesteaders, Inc. 5900 Beach Wood Road Mound, MN 55364 SUBJECT: Shoppin9 Center Project in Moun~ Dear Mr. Sycks: With reference to captioned project, and our previous meeting with Kraus Anderson Realty Co. on August 21, 1985, we are pleased to inform you that we have interest in this project. We would like to discuss our participation in the project if the ~_-~-c-~._--~_res,~lt_of-~bs..~-SeasibJ3it~_studv_iS_DDsit~v~_for_us September 6, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: RE: CITY COUNCIL ACTING CITY MANAGER PUBLIC WORKS FACILITY IN TONKA BUILDING Scott Anderson called this week and would like to know by Wednesday, September 11, 1985, if we are going to want the space they are offering for the Public Works facility. The reason they are anxious is because they have someone else who would also like the space. I am also enclosing another possible site. It is Part of Lot 34 in Koehler's Second Addition to Mound. The State of Minnesota (City of Mound) has two parcels in there as outlined on the plat map, but there may be a problem with access and we would definitely have to obtain 1/2 of another parcel from a private party to make the site even feasible. fc enc. ,.5~ )! An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to. or treatment or employment in, its programs and activities. I C. 0 August 23, 1985 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER RE: PUBLIC WORKS FACILITY After months of waiting around, Balboa finally developed a space proposal for the City Public Works use in the Old Tonka Building. The details of the proposal are attached, but basically it is fo~ 19,489 square feet at $2.50 per square foot or an annual rent of $48,722.58 per year. 'Since it would be on waht is called a triple net lease, taxes ($7,795.60), Utilities ($6,000 est.) and commons maintenance ($2,000) would be on top of that..Together they would add up to a total of $64,518.80 per year, with an annual cost of living increase built in each year, not to exceed 6%, As a first year incentive, Balboa would allow us a $2.00 per square foot cash allowance ($39,445.16), plus four months free rent. These incentives would only come into play if the City signed a ten year lease. I have tried to price this out to arrive at a ten year total cost using an average increase of 4% per year. That comes to a total of $745,166.98, after you subtract the cash advance, leaving a net average annual cost of $74,516.70. Perhaps though, worst of all, is that we will noti:have anything to show for all that money at the end of ten years. As You recall, last year we did a public works building study. In the end that got delayed because we did not have any costs on Tonka and the site location was controversial. The first part of that question has now been answered with the figures from Balboa. The need for the facility has never been more evident. With the Anderson Building's removal in late Winter, the City will be left with five stalls in the Island Pare facility and a million dollars plus.; worth of equipment sitting outside, including Christmas decorations, etc. The need is to reactivate our planning process for a new facility and relatively quickly. No matter where we have a site, we will still have to have a referendum because it would be funded by G.O. Bonds. ~'-I / An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities, Page 2 City Council August 23, 1985 There are a couple of positive notes on all of this. The estimated cost from the Engineers for a new facility was $477,360. I have priced it out similarly as I did on the Tonka Building, i.e. $2.50 per square foot, etc. with a 4% inflation rate built-in. That total comes to $651,550.99 or a yearly average of $65,155.00. Since we already own the land it would be built on, that would be a savings of more than 10% or $80,000.00. Figured on an actual basis, the building would be financed by the sale of $500,000 in Bonds. I wquld propose a term of 15 years. Today's interest rate on that issue could be around 8%, but for safety I have figured 8.5%. Roughly speaking, that would mean an average annual cost of $54,585.00 or a total 15 year cost of $818,772. At the present time, the Building Fund has a total of $5,327.00. !In addition, it will receive $80,000 from the sale of the lot in the northwest corner of the Town Square development site. Finally, if over the next several years the Lost Lake site could be sold, from estimates we have that should be worth another $100,0OO which can be earmarked for the Public Works Building. These funds could, of course, go to help pay the rent on the Tonka building, but it would not be a:very wise investment it would seem to me. If this scenario does turn out like I would expect, the price would mean paying off from special levies a total cost of $270,000, plus interest. The public works bui.lding need is one of the greatest unresolved issues the City faces. It must be dealt with or the Community will be stuck storing valuable equipment outside. Lost Lake will not be able to be sold because there will not be any known location to store City stock piles for street sealing rock, construction supplies, et~. It will not be easy getting people to understand this issue. The annual Cost ontaxes, will not be alot, but it will equal close to one mill ($54,000) annually. Out of a total levy in' 1985 of $$6.5 million, it comes to less than a 1% increase and as the City grows it will become less. August 21, 1985 Mr. John Elam City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Proposal - City Works Facility Unit 4 - TonkaWest Business Center Dear Mr. Elam: We are pleased to have the oppoprtunity to provide the following proposal for The .your significant facility requirement, location of the facility is on County Road 15 in Mound (the old Tonka Corpora- tion plant). In this proposal you will find facility and financial information. In addition, we provide cash allowances for the City to minimize your financial exposure during your relocation efforts. Should you require additional allowances please contact us to negotiate same. The proposed area in Unit 4 consists of 20,789 square feet of 35' clear warehouse area. Immediately adjacent to the facility is a car park area for 82 vehicles. In the future additional car parks will be provided to the north of Unit 4, across the railroad tracks. We look forward to discussing in further detail this proposal and the specifics within it. Please feel free to call upon me should any questions arise during your review of this proposal. Yours very truly, S.R. ANDERSON BROKERAGE, INC. Scott R. Anderson President /kr BROKERS & DEVELOPERS OF CORPORATE REAL ESTATE City West Business Center, 6567 City West Parkway, Minneapolis, MN 55344 (612) 944-2053 TONKAWEST BUSINESS CENTER SPECIALLY PREPARED FOR THE CITY OF MOUND 1) 2) 3) 4) 5) 6) Zoning - I-II Lot Size - 566,280 sq. ft. Age of Facility - 20 plus years Gross Sq. Ft. Facility - 408,000 Elevations of Facility - Varies Address of Facility - 5340 Shoreline Drive Warehouse sq. ft. - Warehouse Depth Warehouse Width 20 ~9' sq. ft. Bay Sizing - 20' x 60' Typical clear Ceiling Height - 35'0" Trackage - None provided PARKING 1) Allowed Traffic - Paved Area a) Light duty parking - 82 vehicles (shared parking) b) Heavy duty parking - No outside vehicle storage LANDSCAPING 1) 2) 3) 4) 5) Lawn Sprinklers - Per plan Number of plantings - to code Site sodded - per site plan Tie rail berming - None Site elevations - Slight variations for landscape purposes only.- FLOOR 1) Floor load capacity - 400 lbs. per sq. ft. WALL- Metal Insulated Panel 1) 3) 4) ~5) 6) Garage door openings - two Size - 10' in width- 10' in height Man-door openings - 2 (including entry) Ventilation openings - None provided Window Openings - per plan Construction type - Metal panel exterior Page 2 WAREHOUSE - Interior and Exterior Finishes 1) Interior Ceiling - Painted metal (white) 2) Interior floor - ~ement, 1.application brock-white seal 3) Exterior wall - painted metal fascia 4) Interior wall - Metal panel or block (see plan) ROOF 1) Type of roof- built-up metal deck roof SPRINKLERS 1) Type - wet 2) Amount - to group 3 ordinary hazard specifications HEATING 1) Amount - Gas fired unit heaters- capability to 68 degrees (standard code) 2) Thermostats location and area serviced - 1 for entire warehouse area. AIR CONDITIONING !) Amount - None provided in warehouse area PLUMBING ' 1) Amount of baths - per plan in warehouse area, to occupancy code 2) Amount of drinking fountains - None provided in warehouse area ELECTRICAL 1) Lighting provided - 15 foot candles, typical fluorescent lighting. 2) Outlets provided - none - see Financial Section. 3) Location of service - Main service panel - north eleva- tion 4) Size of service provided - 800 amp 3 phase 277/480, not distributed UTILITIES Gas a) Where meter is located - per plan b) Where area meter services - entire tenant area - self metered ELECTRIC a) Where meters are located - per plan b) Where area meter services - entire tenant area - self metered WATER a) Where meter is located - per plan b) How services - self tenant metered ESPECIALLY PREPARED FOR THE CITY OF MOUND The following business terms are applicable to this proposal. Lease Term . .The term of the Lease is ten years, commencing on the earlier of the following dates: (1) the date ten days following the Architect's Certificate of Sustantial Completion or (2) the day The City of Mound first occupies any part of the building. The anticipated commencement date is October 1, 1985. An annual C.P.I. increase (not to exceed 6%) will be added to the base lease cost. Option to Renew . An option to renew for two (2) five year lease terms will be included in the lease. These options to renew shall be at the rent as set forth below and the rent as adjusted by the change in the Consumer Price Index (CPI for all-urban ~onsumers for the Minneapolis/ St. Paul areas) from October 1, 1985 to Sept- ember 30, 2005. These increases shall not exceed 6% annually, and shall be on a compounded basis. Annual.Rent . · . Warehouse Area (in Unit 4) Total Sq. Ft. (20,789) 20,789 $2.50 $2.50/N/N/N (avg. cost psf) Annual Cost Monthly Cost $51,972.50 $ 4,331.05 Required Additional Leasehold OPerating Costs and Real Estate Taxes ...... Leasehold Improvements . . Leasehold Allowance . . . · For each expenditure above base building standards, and that certain improvement allowance listed herein calculate the dollar amount required and amortize at the prevailing interest rate over the lease term. · The rent noted above is net of all expenses relating to the operation, use, and occupancy of the building and related facilities by its te- nants including expenses in connection with the parking lot, atriums, bathrooms and other common facilities. We have not estimated these costs, but expect them to be competitive with other suburban office/warehouse projects. We have included in this proposal our addendum for the completion of the warehouse areas on the floor and the premises in addition to the brief base building summary contained on preceding pages. We have included in this proposal an allowance for carpeting of $10.00 per square yard including installation on a direct glue down basis for an open floor plan applicable to floors in the office premises to receive carpeting. An allowance of $2.00 psf. is included for those items required by The city of Mound to customize this facility for its specific operating requirements, and for those costs related to its relocation. THE CITY OF MOUND PUBLIC WORKS FACILITY IN CLOSING Should the City of Mound require improvements in addition to those mentioned on preceeding pages or in addition to the dollar amount allowance as discussed in the financial proposal of this section, Anderson Associates would be pleased to negotiate on your behalf an increase in base rent according to the terms discussed in the financial section of this proposal. A complete facility fit plan will be presented upon request. We look forward to continuing leasehold improvement discussions with the City of Mound staff. We at Anderson Associates are pleased to have the opportunity to present to tke City of Mound this facility proposal. We feel it would provide a fine solution to your current requirements for space due to your current and future requirements. In addition to the attractive financial package discussed within this proposal, we feel that this new facility will fulfill your working requirements. We look forward to discussing in detail this proposal with you and the members of your staff. Should you have any questions, please contact Scott R. Anderson at (612) 944-2053. Toll Free Minnesota (800) 862-6002 'I'oll Free Other States (800) 328-6122 Miller & Schroeder Municipals, Inc. .Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 · (612) 831-1500 August 30, 1985 SALE MEMO TO: FROM: ISSUE: INITIAL RESOLUTION SALE DATE: BONDS DATED: BONDS DUE: FIRST COUPON REDEMPTION: MATURITIES Mr. Curt Pearson Wurst, Pearson, Hamilton, Larson & Underwood 1100 First Bank Place West Minneapolis, Minnesota 55#02 Ernest L. Clark $1,800,000 City of Mound, Minnesota General Obligation Tax Increment Bonds September 10, 1985 October 22, 1985 October 1, 1985 October 1 April 1, 1986, and semiannually thereafter each October 1 and~ 1 On 10-1-99, bonds due 2000-0# are callable at par. $ 35,000 - 1988 40,000 - 1989 50,000 - 1990 75,000 - 1991/93 100,000 - 1994/96 125,000 - 1997/98 150,000 - 1999/04 RATES: DEMONINATION: DISCOUNT: FUNDS: 15 rates allowed ascending order 1/20th (.05) $5,000 or integral multiples thereof. $27,000 allowed Proceeds in immediately available funds~ not clearing house funds. Headquarters: Minneapolis, Minnesota Branch Offices: Downtown Minneapolis · Solana Beach, Cali[ornia · Santa Monica, California · Northbrook, Illinois · SL Paul, MinnesoTM · Milwaukee, Wisconsin · Tallahassee. Florida · Carson City. Nevada Page 2 Sale Memo REGISTRAR: PRO3ECT: -To be selected by the City according to SEC regulations. ' Project Issuance Expenses Discount Capitalized Interest 1,300,000 73,000 * 27,000 ¢00,000 i,S'o0, o0o *Estimated at $23,000 50 ~ 000 for Bond issuing expenses (Includes two ratings) for Administrative Costs and Legal TAX INCREMENT AGREEMENT THIS AGREEMENT, made and entered into this daf of , 1985, by and between the City of Mound, Minnesota, a municipal corporation organized and existing under and by virtue of the Laws of the State of Minnesota (the "City"), and the Housing and Redevelopment Authority of Mound, Minnesota, a public body corporate and politic formed and existing under the Laws of the State of Minnesota, (the "Authority") , WITNESSETH: WHEREAS, the Authority has approved a redevelopment project in a tax increment financing district described in the attached Exhibit entitled "'Town Square' Mound Housing and Redevelopment. Authority Tax Increment Redevelopment Plan" (the "Tax Increment Financing District"), and has, by appropriate action, applied to the City Council for approval of the Project, and WHEREAS, the City has by resolution approved the District, and WHEREAS, Minnesota Statutes, Section 273.77, authorizes tax increment agreements between a ~ousing and Redevelopment Authority and the Municipality within which such tax increment districts are situated:' NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The Authority hereby expressly pledges that any and all tax' increment payments made to the Authority by the Bennepin County Auditor from the Tax Increment Financing District, and all revenues from land within the District while such land owned by the Authority (or so much of such tax increments and revenues as may be necesary) shall be pledged and assigned to the City~ for the purpose of paying the principal of, interest on and redemption premium, if any, of any and all bonds of the City which may hereafter be issued by the City for the financing of public redevelopment costs incurred in the District. 2. The City expressly agrees that it will from time to time and at the request of the Authority issue its General Obligation Redevelopment Bonds in separate series of Bonds to finance the public redevelopment costs in the District. 3. The City hereby acknowledges the request of the Authority, by its Resolution of , 1985, to authorize and issue General Obligation Redevelopment Bonds of 1985, in the aggregate principal amount of not to exceed $1,800,000, and agrees that it will authorize and issue such Bonds, and will pledge the tax increments and revenues from the District to the payment of the Bonds as provided in the Act. 4. All series of Bonds isued pursuant to this Agreement shall be on a parity one with the other, and the tax increments and other revenues pledged hereby shall be used solely for the purpose of payment of principal and interest on all such series of Bonds. 5. The parties hereto do hereby mutually agree that it .is the express intent and purpose of.this agreement to utilize the provisions of. Minnesota Statutes, Sections 273.71 to 273.78, the Minnesota Tax Increment Financing Act, to finance public redevelopment costs within the District, and that all tax increments received with respect to the District shall be' segregated by the Authority in a special account on its official books until the public redevelopment costs of the District, including interest on all money borrowed therefor, has been fully paid, and the City has been fully reimbursed from the tax increments or revenues from lands within the District for principal and interest on all Bonds which the City has issued in aid of the Distri¢t and for monies which the City has paid from taxes levied on other property within the City's corporate limits for the payment of such principal and interest. IN WITNESS W]~EREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF MOUND By (Seal) By (NO SEAL) Mayor City Manager HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND, MINNESOTA By. Chairman By Secretary RESOLUTION NO. A RESOLUTION DETERMINING NEED FOR FINANCING: REQUESTING THE CITY COUNCIl. TO AUTBORIZE THE ISSUANCE OF GENERAL OBLIGATION REDEVELOPMENT BONDS TO FINANCE REDEVELOPMENT PRO~ECT IN A TAX INCREMENT FINANCING DISTRICT 1. Pursuant to the provisions of Minnesota Statutes, Secfion 462.521 and 273.71 to 273.78 (collectively the 'Act"), this Authority has applied to the City Council of the City of Mound (the "City") for approval of a redevelopment project, described as Town Square Redevelopment and Tax Increment Financing Plan (the "Tax Increment Financing District"). 2. The City Council held a public hearing after public notice and has made findings as required by the Act and has approved the Tax Increment Financing District by resolutions adopted on July 24, 1984 and August 13, 1985. 3. It is now necessary to proceed with the improvements and the acquisition of the properties to proceed on Town Square. The estimated cost of the project, including capitalized interest, is $2,125,000. The HRAbelieves that the issuance of $1,800,000 now may cover the cost of the project. If additional monies are necessary, a second issue can be sold later. 4. The Authority hereby requests the City to issue and sell its General Obligation Redevelopment Bonds to finance public redevelopment costs of the acquisition, development and redevelopment of certain parcels of land (collectively the "Project') within the Tax Increment Financing District. 5. Funds are needed at this time to provide money for public improvements within the Tax Increment Financing District and to provide monies for administrative costs, all of which costs (the "Public Redevelopment Costs") are presently estimated as'follows: Land Acquisition, Site. Improvements, Demolition and Other Project Costs Est. $1,300,000 Issuance Costs, including Legal, Fiscal, and Administrative and Bond Rating Expenses Est. $ 73,000 Capitalized Interest $ 400,000 Allowance for Discount $ 27,000 Total Bond Issue $1,800,000 This Authority has, pursuant to the Act, duly requested thc County Auditor of ~ennepin County to certify the original assessed value in the District and to return the resulting tax increment to the Authority to finance the redevelopment of the District and said tax base has been frozen by the Auditor. 7. It is the intent of the Authority to utilize the authority granted by Section 273.77 of the Act by requesting the City to issue its General Obligation Redevelopment Bonds in one or more series (the "Bonds") to finance the Town Square Redevelopment Project within the District, and to pledge the Tax Increments from the District, together with revenues from the District, for the retirement of the Bonds. 8. This Authority hereby, and by the Tax Increment Agreement attached hereto as Exhibit A, pledges and appropriates all of the Tax Increments from the District and all revenues received from lands in the District while owned by this Authority for the payment of the principal-of and interest on Bonds when and if issued by the City in aid of the redevelopment project in the District. Exhibit A is incorporated in and made a part of this resolution and shall act as a pledge of funds for repayment of the 1985 series bonds and for any parity bonds issued hereafter. 9. The form of the Tax Increment Agreement attached is approved and applies to this issue. 10. The Authority hereby requests the City Council of the City to authorize the issuance and sale of its General Obligation Redevelopment Bonds of 1985 in the aggregate principal amount of not to exceed $1,800,000, to finance a portion of the public redevelopment costs of the District. 11. The Authority requests that each series of Bonds issued in aid of the District, and pursuant to the Tax Increment Agreement, be on a parity with each other series of Bonds so issued and be equally and ratably secured by the pledge of the Tax Increment Agreement and this resolution. 12. Ail actions of this Authority and its officers and employees taken in connection with the adoption of the Tax Increment Financing District, the certification of such District to the County Auditor, and all other actions in connection with the establishment of the District are hereby ratified, confirmed and approved in all respects. Passed and adopted by the Housing and Redevelopment Authority of Mound on this day of , 1985. Ayes ...; No ; Absent ATTEST= Chairman Secretary RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1w800,000 GENERAL OBLIGATION TAX INCREMENT REDEVELOPMENT BONDS OF 1985 BE IT RESOLVEDBy. the City Council of the City of Mound, Hennepin County, Minnesota, as follows: 1. Pursuant to the provisions of Minnesota Statutes, Sections 462.521 and 273.71 to 273.78 (collectively the "Act"), the Housing and Redevelopment Authority of the City of Mound (the "Authority") has applied to the City Council of the City of Mound (the "City") for approval of a redevelopment project, described as Town Square Redevelopment and Tax Increment Financing Plan (the "Tax Increment Financing District"). 2. The City Council held a public hearing after published notice and has made findings as required by the Act and has approved the Tax Increment Financing District by resolutions adopted on July 24, 1984, and August 13, 1985. 3. The Authority has requested the City to issue and sell its General Obligation Redevelopment Bonds to finance public redevelopment costs of the acquisition, development and redevelopment of certain parcels of land (collectively the "Project") within the Tax Increment Financing District, and will submit a Tax Increment Agreement (the "Agreement), to the Council which will pledge all captured tax increments to the repayment of general obligation bonds. 4. Funds are needed at this time to provide money for public improvements within the Tax Increment Financing District and to provide monies for administrative costs, all of which costs (the "Public Redevelopment Cost") are presently estimated as follows: Project Costs Land Acquisition, Site Improvements, Demolition and Other Project Costs Est. $1,300,000 Issuance Costs, including Legal, Fiscal, and Administrative and BOnd Rating Expenses Est. $ 73,000 Capitalized Interest $ 400,000 Allowance for Discount Total Bond Issue $1,773,000 $ 27,000 $ $1,800,000 5. The City is authorized by Section 273.77 of the Act to issue General Obligation Redevelopment Bonds of the City and the Authority by agreement wil~ pledge tax increments and revenues receive& ~rom t~e District for the payment of principal of and interest on bonds issued in and for the redevelopment project pursuant to the Act. In addition, the redeveloper will guarantee up to 25% of principal and interest coming due in any year and will support said guarantee by filing a letter of credit with the HRA. 6. The pledge of tax increments must be made by wri{ten agreement executed by the Authority and the City and filed with the County Auditor and when such an agreement is made and filed, the City may issue general obligation bonds as provided in Minnesota Statutes, Chapter 475, subjc~c~only t~- t~c--C~_~~-~-~-~ui~~ for bond~ ~issucd=-to~f-±~rance i~osts~{imbu~sobte f{om-sp~ssessmea4~e. Said agreement which is attached is approved and shall be and is confirmed and ratified as a part of this sale. 7. The Authority .has adopted a resolution determining the need for the financing, and has ~approved the agreement attached hereto and marked "Exhibit C", and has requested the City Council to issue General Obligation Redevelopment Bonds under the authority of the Act. 8. It is hereby determined that it is necessary for the City to sell its fully registered General Obligation Tax Increment Redevelopment Bonds to provide funds to finance the Public Redevelopment Costs of the Project and that the sum of $1,800,000 is necessary to defray the Public Redevelopment Costs. 9. The agreement attached hereto and marked "Exhibit C" is ~approved, and the City Clerk is directed to file a certified copy of the agreement with the County Auditor of Hennepin County and obtain a certificate of filing. 10. In order to provide financing for such costs, the City shall therefore issue and sell its General Obligation Tax Increment RedevelOpment Bonds of 1985 (the "Tax Increment Bonds") in the amountof $1,773,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Tax Increment Bonds shall be issued in the amount of $27,000. Any excess of the purchase price over the sum of $1,773,000 shall be credited to the debt service fund for the purpose of paying interest first coming due on the Tax Increment Bonds. 11. The bonds shall be issued and sold in accordance with the. terms of the attached Official Notice of Sale, long and short forms, and marked 'Exhibit A' and 'Exhibit B", and the form set forth in Exhibit B shall be published in accordance with Minn. Statute, Chapter 475. Passed and adopted this the following vote: Aye Approved and signed this day of , 1985, with ; No ; Absent . day of , 1985. Mayor Attest: City Clerk STATE OF MINNESOTA COUNTY OF ~ENNEPIN CITY OF MOUND I, the undersigned, 'being the duly qualified and' acting City Clerkof the City of Mound, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a (regular) (special) meeting of the City Council of said City held on ,1985, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985 of the City. WITNESS My hand as such Clerk and the corporate seal of the City this day of ,1985. (SEAL) City Clerk City of Mound HENNEPIN Il DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343-8468 935-3381 TTY 935-6433 August 19, 1985 Mr. Jon Elam, City Manager City of Mound 5341Maywood Road Mound, MN 55364 Dear Mr. Elam: Re: Agreement No. PW 30-06-81 County Project 7586 on CSAH 125 We have enclosed in ~eference to the above agreement: A copy of Final Voucher No. 7 of construction work completed by the County's contractor, C.S. McCrossan, Inc. A copy of the division of cost between the City and the County. Invoice No. 10910 in the'amount of $1,020.60 for the City's final share of contract construction~nd engineering costs as per terms of the agreement. Very~uly yours, Her. bert O. Klossner, P.E. Di rector HOK/JFB:srn Enclosures HENNEPIN COUNTY an equal opportunity employer ..-i .>: Id. -IN -lC): , I .~.,; I I -I .I .I~- .~'I k ! Lo 'I ..~ '8 '8 .8 · i ,I · I · I. · · I · · · · · · · '1 · · · · -! 'l · · · · .,, ~,~ Ill I)lI Iii ,I :I .~ ...~ .8 ; ~( ~I I I I I I I I I I I I I .I l 'I .I ,I I ,I 'l 'l ,I -I 'I 'I -I ,I 'I 'I ,I I t 'I 'I .I I ,I 0 I 0 ~- 0 0 c~ 0 >- 0 r~ 0 0 "' PS'.~ 7 HC 5002 (I/84) HENNEPIN COUNTY BUREAU OF PUBLIC SERVICE 320 WASHINGTON AVENUE SOUTH HOPKINS. MINNESOTA 55343 INVOICE NO. 10910 BILLED TO: City of Mound DATE August 19 5341Maywood ROad Mound, MN 55364 Attn: Jon Elam, Manager 19 85 DATE DESCRIPTION AMOUNT City of Mound's participation in Agreement' NOo PW 30-06-81, County Project 7586 on CSAH I25 Contractor: C.S. McCrossan, Inc. Contract Amount: $612,168.14 (Final) City's share based on final quantities: Contract Construction $7,817.04 Plus Engineering at 20% of $7,817.04 $1,563.41 Total $9,380.45 Less previous Invoice No. 7531 dated March 21, 1984 8,359,.85 Amount Due Remittance by Check, Money Order, or Draft Payable to: Hennepin County Treasurer Hennepin County Bureau of Public Service 320 Washington Avenue South Hopkins. Minnesota 55343 Attention: . Alice Markham $1,020.60 WHITE - ORIGINAL CANARY - ACCOUNTING PINK - FINANCE GOLD - ALPHA BILLS ..... j--SEPTEMBER 10~ 1985 Batch 854084 Batch 854085 Computer ,Run dated 9/4/85 ~Listed below Total Bills Amer Steel & Supply Sheets & pipe 148.73 Autocon Industries Manuals 76.32 Amsterdam Printing Employment Applications 81.25 Ben Franklin Supplies 12.62 Holly Bostrom Cleaning 8/21-9/3 102.00 Bury Carlson Asphalt 763.00 Donald Bryce Aug Chiefs Pay 367.00 Babler Autobody Repair squad 843 295.50 Janet Bertrand Meeting expenses 16.72 Coast to Coast Aug supplies-fluors lights 489.75 Clean Step Rug Aug rug rental 41.84 Copy Duplicating Aug copier 15.00 Dependable Services Aug Garbage 38.00 Fire Control Extinguish Recharge extinguishers 168.75 Glenwood Inglewood Aug water coolers 51.75 Gerrys Plumbing Repair-Mound Bay Park 60.50 Henn Co. Treas July prisoner board 1,956.50 Eugene Hickok & Assoc July water samples 182.00 Henn Co. Sherrif July booking fee 307.64 Henn Co.-Treas Black Lake-Final 1,O20.60 J.B. Distributing Carb. cleaner 162.72 Jones Chemical Fluoride 114.80 Kelly Services Temp help 241.30 Marina Auto Supply Aug supplies 603.88 N.S.P. Aug electricity 3,823.34 The Laker Aug ads & legals 160.45 Long Lake Ford Tract Guard, Axles 499.01 Lowells Auto parts 19.40 Mound Fire Dept Aug salaries, drills,Maint 4,494.00 Ronald Marschke Aug asst chief wage 100.00 City of Mound liquor store water 34.10 Mpls. Star & Trib ad for City Mgr 55.00 Minnegasco Aug gas 3.15 MN Suburban Newspaper Ad for Water Maint man 55.25 Neenah Foundry Catch basin, manhole rings 1,099.31 No Star Waterworks Repair lids 84.65 Office Products Typewr~ter'maint contract 586.60 Satellite Industries Aug satellite rental 295.72 Stevens Well Drill Well #2 abandonment 2,339.81 Toll Company Hose 24.47 Timber Wall Prod Boards & nails 613.50 Thrifty Snyder Drug Film 22.15 Water Products Stationary rods 92.25 Westonka Firestone Tube 6.28 Widmer Bros Cemetery, Ridgewood 760.00 Flanagan Sales Volleyball Net 85.15 Best Buy Co. Video tapes 159.80 Green Acres Tree Serv Remove stump-t,ree-wtr dpt 525.00 Sentinel Swans Swan Family 173.40 54,184.34 54,337.11 108,521.45 (cont) ~'~ ] BILLS-z---z-September 10, 1985 (cont) Butchs Bar Supply Coca Cola City Club Distrib Day Distrib. q East Side Beverage Happys Potato Chips Johnson Paper & Supply Jude Candy Kool Kube Ice Mark VII Sales Pogreba Distrib Pepsi Cola/7 Up Royal Crown Bev. Twin City Home Juice Thorpe Distrib Aug mix & misc Aug mix Aug beer Aug b6er Aug bee r Aug mi sc Aug bags Aug mi sc Aug i ce Aug beer Aug beer Aug mix . Aug mix Aug mix Aug beer 422.52 320.74 6,023.67 4,O70.11 4,6O4.OO 123.59 164.78 70.43 324.60 1,272.00 5,378.75 366.80 93.70 47.71 7,623.75 54,337.11 54,184.34 108,521.45 A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. ,.JOSEPH E. HANILTON, P. A. ,JANES D. LARSON, P.A. THOMAS J'. UNDERWOOD, P.,~. F:~OGER ~. F'E!-LOWS LAW OFFICES WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD I100 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 5540:~ August 29, 1985 TELEPHONE Ms. Fran Clark Acting City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Fran: At the Council meeting on August 27, 1985, a petition from several residents was received. The petition asks the City to acquire or condemn the entrance to Lost Lake channel. Apparently the owner of the land on both sides of the entrance to the channel has tried to discourage the use of the channel. You have asked legal staff to render an opinion on whether the abutting owner has the legal right to restrict the use of the channel. The State of Minnesota owns the bed of navigable waters below the low-water mark in trust for the people for public uses, which include commercial navigation, recreational activity, and similar water-connected uses. State v. Slotness, 185 N.W.2d 530 (Minn. 1971). Additionally, all persons have a common and equal right to use public waters for navigation. Hayward v. Knapp, 23 Minn. 430 (1876). If the Lost Lake channel is a navigable waterway, the State has ownership of the channel bed below the low-water mark, and the public has the right to use the channel for boat traffic. Under Minnesota law, a waterway is navigable so long as it is capable of use for boating, even for pleasure. Lamprey v. State, 52 Minn. 181, 53 N.W. 1139 (1893). In our opinion, the channel is being used for pleasure boating and is therefore public waters and available to all persons for navigation. We believe that the persons who are now using the channel for navigation are lawfully exercising a public right to do so. Incident to that right would be the right to remove impediments to navigation that drift or fall into the channel, such as rocks, trees, logs, etc. These rights must be exercised in a reasonable manner. Our recommendation to those wishing to use the channel would be to continue to use it. If the abutting land owner wishes to prevent that use, he would be required to bring a legal action and get a court to order the channel closed to the public. In our judgment, a court would not do so. Ver,~ truly yours, k~_/J~mes D. Larson CITY of MOUND September 5, 1985 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Dear Lost Lake Channel User: At the 'last City Council Meeting the Council received a petition, signed by you, regarding the City acquiring ownership of the Lost Lake Channel. They discussed the problems you have been having and gave the matter to the City Attorney to research and report back. Enclosed are his findings, opinion and recommendation. I have also sent a copy of the City Attorney's letter to the resident at 5469 Bartlett Blvd. I hope this is helpful. Sincerely, Fran Clark Acting City Manager fc enc. ~::~,,,.,~,.~ ~ An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities. LEONARD E, LINDOUIST ROBERT v. ATHORE NORMAN L, NEWHALL pATRICK DELANEY LAURESS V. ACKMAN HOWARD J. KAUFFMAN ROBERT J. SHERAN THOMAS H. OARRETT Tr~ ISRAEL E.KRAWETZ DARYLE L. UPHOFF  ik$ P. MARTINEAU MARK R.JOHNSON JERROLD f. BERGFALK ROBERT G. MITCHELL~JR. August 28, 1985 LINDQUIST & VENNUM 4200 IDS CENTER MINNEAPOLIS, MINNE$OTA TELEPHONE 161;'1 371-3211 TELEX 29 0044 TELECOPIER {61;~1 371-3:='O7 CABLE:LINLAW MINNEAPOLIS WAYZATA OFFICE WAYZATA, MINNESOTA 553gl NARY E. CURTIN RICHARD D, MCNEIL DONALD C. SWENSON JA~ES P. MCCARTHY STEVEN J. JOHNSON RICHARD IHRIG JEFFREY A. NEMECEK THOMAS G. LOVETT ~ kYNN M,ANDERBON DAVID A. ORENSTE~N THOMAS E, GLENNON N. ROLF ENGH RICHARD T. OSTLUND DEBORAH M. REGAN MARTIN R. ROSENBAUiVl ELINOR C, ROSENBTEIN ROSANNE H.WlRTH DEI~RA K. PAGE MICHAEL D. OLAFSON SUSAN E. BARNES DAVID L. NALLETT STEVEN E. RAU RENEE J.IHOMUTHISELIG JEAN A. $KALBTSK/ TERESA B. BONNER CHARLES R. WEAVERi~R, JOHN R, HOUSTON BARA R, MORRIBBEY DENNIS M.O'MALLEY ANN H. PARRENT EDWARD J WEGERSON DAVID L. SASSEVfLLE DANIEL J. SHERAN DAVID A. ALLOEYER GREGORY R. MILLER Of COUNSEL TERRENCE J. FLEMING THO~/IAB VENNUH Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Jon: I was sitting at a Wayzata Rotary luncheon this noon listening to a speaker complain about the permitting process he had to go through to obtain permission to build a golf course in Carver County and it reminded me that I had never written you to thank you for the coopera- tion that you extended to me and my clients, Mr. Powell and Mr. Sween, on the Pelican Point Development. It was a great disappointment to me and obviously my clients that the Mound Council was not more receptive to the development than it was, but notwithstanding the disappointing outcome, i very much appreciated the profes- sional manner in which you went about your business in dealing with me, my clients and the other representatives that we were working with. Thank you again, Jon. Sin~ere~, "'., '.~ /" /. ," ,.'" .."'i' "-~, / ~....."" / DaWid DGD: cap / Lake area net loser of $97 million under-fiScal diSparities formula Under a 1971 state law, 40 percent of all commercial and industrial, property added to the tax base ' since '1971 is .'pooled" for distribution to all juris- ~lictions in the metFopolitan area '?' The nOtion is'that the ent'.~e region. contribtites .to ' regional · growth in industrial and commercial areas, i..The- formula also tends to narrow the clif- f' ference in,tax values, from 15 to' one without the law to approximately four to one with the law.-' In'1985, 26.1" Percent of all co'miner-. cial-industrial property wili be part of the pool That constitutes a total of almost $1.3 billior~ None of {he major tax blse ga/ners '- under fiscal disParities are in.thewest suburban area. Major losers of tax bas e include Minnetonka at nearly $36 ' million and Eden Prairie at nearly $33 millior~ " Overall, the 25 communities in the · L~ke Minnetonka area had a net los's bf ' tax bas,'of $96.9 millior~ -Of the 25, 14 communities gained tax base. while.lL The major gainer' was Mound ($~8 million) followed by Chanhassen ($1 million), Minnetrista ($1 million) and" Independence ($950,000). Major losers after Minnetonka and Eden'Prairie were Plymouth ($~9 mil- lion),. Hopkins ($2.6 million), Orono ($2:6 million), Wayzata ($2:4..~illi.on):.I and Spring Park ($780,000)~ Following is the complete list for the 25 communities in the Lake Minn-. etonka area. The first column ~s the tax. base amount contributed to the fiscal disparities pool The second eolumnis the amount of tai base returned under the formula. The third column is the net gain or loss Chanhassen . Deephaven -- - 793,868 Eden prairie .... :: ' 40,692,057. ExcelsiOr' 1,258,224 Greenwood ..... 230,501 Hopkins - 10,892,988 independence: ':~ ~'' '":- ~': - - 282,431 Long Lake 1~424,874 Loretto - ' ....' + : '" 212,344 Maple Plain " ....... - 933,1)24 Medicine Lake, ~- 33,005 Medina . - 1,582,354 Mlnnetonka · - - . 53,937,885 Mlnnetonka Beach. .- - 203,474 Minnetrtsta -::" '"' :'~ ~ :: 225,952 Mound . '.~'~: "L175,174' OrOno ...... :' r'_, . :; '18,075,421 ' Plymouth .'- ' -,'";. 45,560,931' St-'Bonifaclus' .: :'-' ': :" · 429,921' Shore.wood ...,::':-;.~i~".; _'-~: ~', -- 1,355,365 ,. _- .: Spring Park :" - '- 1,443,538 Tonka Pay 300,527 Victoria 525,805 Wayzata " 3,514,170 Woodland ' ' 7,122 y · · .~ - . ': ' TOTAL~ ~ $187,182,108 $3,444,792 1,271,492 7,950,654 1,267,445 212,734 8,287,098 : 1,235,073 1,048,64 ! 252,911 946,321 179,495 - 1,074,944 18,009,285 ' 164,753 1,251;548 5,973,902 --"-' 15,499,252 16,705,999 676,645- plus $1,053,639 plus 477,624 minus 32,741,403 plus 9,221 minus' 17,767 minus 2,605,890 plus 952,64~ minus 376,233 plus 40,567 plus 13,297 plus 146,490 "minus 507,410. minus 35,928;600 ' -minus 3.8,721_ :"' 'plus 1,025,596 ' plus 4,798,728 ~. -minus 2,576,169' minus 28,854,932 'plus 246,724 '1,918,366 ...... ;.-...~3.._ plas 563,001-. 662,193 minus 781,345 469,692 plus 169,165 816,541 plus 290:736 1,098,356 minus 2,415,814 150,301 plus 143,179 $90,568,433 minus $96,913,675 lea§ue of minnesota oiCies CONGRESSIONAL ACTION ON FLSA NEEDS SUPPORT FROM CITIES Legislation introduced in the U'.S. Senate to provide exemption from Federal Fair Labor Standards overtime pay requirements for cities (and states) needs bipartisan support. All m~mbers of the Minnesota Congressional Delegation must hear immediately from local officials ur~in~ action to deal with both the problems of overtime compensation and volunteers. If cities do not generate significant momentum in Congress in the next month (September) for changes or exemptions, city lobbying efforts are not likely ~o successfully overcome serious opposition by labor organizations. Resolutions from city councils are needed to urge Con~ressmen and Senator Boschwitz to support S. 1570, a billj)roposed ~y Senator Don Nickles (R-Okla.). Senator Durenberger is one of the co-sponsors of this bill. The bill would permit an exemption from FLSA overtime pay requirements for state and local employees, permitting the use of compensatory time off in lieu of overtime compensation; grant exempt status (from FLSA) for individuals who volunteer services for state and local government; and eliminate the retroactive application of Federal Fair Labor Standards to state and local government. There is no legislation comparable to S. 1570 in the U.S. House of Representatives. To date, response from House members has not been encouraging. Most proposals under co~sideration would only assist public safety employee work shifts to permit law enforcement and firefighter personnel to take compensatory time off in place of overtime pay if such an arrangement is made part of a contract or collective bargaining agreement. While several Minnesota Congressmen admit the impact of FLSA requirements is much broader than that addressed in current House proposals, to-date none have agreed to support more comprehensive exemptions for city employees. Without increased pressure from local officials, it is possible that the only changes cities will get will be to provide some adjustment of pay requirements for public safety em~,loyees (but even that may be limited, as noted above.) The National League of Cities, along with other state and local government associations, supports S. ~570, which incorporates changes requested by NLC in a July 22 letter to President Reagan. Strong support by cities on this matter is essential if Congressional action is to be forthcoming. Many members of Congress are simply not I 83 univensitsy avenue eem15, st;. paul, rninnessotsa 55 hearing that the impact of Garcia v. San Antonio (U.S. Supreme Court decision of Feb. 19, 1985 mandating application of FLSA to state and local government) is causing problems for cities. Liability questions for cities as well as the immediate high cost of volunteer services make FLSA one of the most significant challenges facing city officials. With a 2-3 year possible liability exposure to employee lawshits and a 3 year limit for willful violation, cities stand to risk harsh and punitive actions resulting from FLSA enforcement scheduled to begin October 15, with retroactive liability to last April 151 Some of the most damagin~ results will hamper volunteer firefighter services in many small cities where city employees holding regular city personnel positions also act.as volunteer firefighters. According to FLSA regulations, such employees who earn $2.50 or more per fire call are considered non-exempt and must be accorded all overtime compensation under FLSA' requirements. Average hourly pay for both regular employment and volunteer firefighter duty is the generally applied method of computation to determine the base rate which is then multiplied by 1/2 times the number of hours over 40 to calculate the overtime pay due. Emphasize ~the difficulties and co~)~lications that result for your city in applying the cumbersome FLSA regulations to city operations and personnel management. Be ~specific about increased costs and the harm resulting to the carrying out of basic city services. Please send a copy of City Council Resolutions and/or correspondence to the LMC Office. Much depends on your response in this matter. We need to make our Congressional Delegation aware that this is not a .partisan issue, but rather an essential issue of directly affecting the ability of cities to deliver basic service at a reasonable cost. : :~ tMor~'th'an i,b00 dry officials gathered '.-' · )"~'six'.~ite~a~x~Und: the nation during the ~ :,L;-~week' of Au§./19 for bnefin§ sessions on. ~.:..- ,,. ,- .;x ,.,'.:' ~. ,-', - .. ..~ ....the..Fart Labor .S.tandards ~Act whiah '~.Were.. jointly ;spo. nsored bi/NLC ~ ; ', and the intemarional City Management ' Association,,~ '-' ).~ .~.~ ...... ...; ...... . The meetings": Were held ih Denver,; I Boston;. Dallas, Chlcag0'~ San' Franclscor.":" ..and Atlanta~'.A-.w!.de nifige o'.f dry offi--.':~ dais; including elected oHid~ls/dty man- ' 'agers; personnel directors, police and fire ..-.~ ;..chiefs/fioanceL.dii-eCtb'r~(~nd. dty attor.-' "neys, attended the ~lay-long sessions. '.~ .... ~:~.~ . ...... ...~;,, .: · .. ~ .'/ :-' .; · ,: - · . : 'L"' -' .x. , T '::::~., ~-'-.:;( by Einda R;-Woodhouse ~'-- ;. ': ..-, iWhite - Hause "aidei.:"~0ia" eit'y.':.an d.-. coufity., offidals- a'ttending a :briefing in" )' Washir~gton;' D.£; last'k,~ek 'that iPresi-~ dent:Reagan. is le~ninl~'-towa'rd backifi~'''''' legi~laoon t6 partially exempt 'cities from" the' Fail Labor Standards Act, but they · : stopped far short of pled~ing.the admin "; .istrati0h s firm. and'active supPo'.rt, :_'....' ': ~ ..~'Eightyi'off!cials. 0C,~tate; mdnidpal- -' leagues and NLC's' E~e'cutive :Director-' Alan Beals 'atle~ded. ihe Auld)19 'briefing'." :. at fhe: Old'. Executiv4 Office- Building,: ~ 'called n~ainly ~o discuss the impact of ihe · .' Febm~' 1'985 U;$.'Supr~'me ~06rt d~d-: :" sion, 'Garcia v~:' San'A ntoni~' Metropolitan' ,' ;'? TratlS'it; Autho'r~hj,;:'.~vhich .h~Id that'.; th~" ~:' tedefal:Fai{'l~bor':$t~naards Aa applied''. ::' t'o 1/j~'~;o~rnfn~;i4't;!Ha~'eveil the issueszi- /.-' i-it'~;;~nvironmental lvroblems,' the bud- :.' : ' ~,~t~i:!efidt~'ahd"ta'i' ~efcJrba"als0. v~df~, red'. i%. O , ,.o,~:~., . '-,- --a;; ,.- ' ~ '~ . ~, ' ~ . '-- , -,," -:.. 4: viewed.~';~,~;.: '~::~';'-..5~ ?-~ :'~.>.'f:k?.,'¥.-'. ~ V;" ? ': · '" ":"' '" ;"'~" '"' "" ...... ';'" ..... ' ' ~' "~" a' ~ :-:..l.:e.ague;: representahV~s~,made,.clea ;- .t,~.;: .,~,-t~eefi~g..thlt''ik,ithciut,,:'reli~f' fr0m".,.'.:'~ '~)': 0f~ ~*~rtinie;: th~~ Use ': i~['~"(amp~n'sator?~ .' a~r~:."th4:tcountry 'wauld,' be' severdy ~;: hurt, fiflandallY; .They'stressed that small :!. dt?s'~ou, ld Suffer' the' most..' t'" :': ' ee s .a.vev str, ng.lik lihood' th . · ;' vie ae, ewnl-s ?po, a'.r n'edZ: for. the' .--: :'): O~r~/a~ dd~ion, .pregid~nrial'issistanr 'i:.!:anid; t,oia'th.e .mo're0 dtyi. :": ~'-. an'd:coun, ty representatives. "Action from · . .:'i c~i~{~,. State and 'city officials Will.be the' ... ",fi~tivatin~ ~actor," said Daniels; Who :'-~' dir~r~' '~L"th'e~ ~hite '_ H~us~ '.Office~ ~f:.. · .,,v: Inteigovernmental Affai~g;"~ (."; ' ·-'~. '. :. -~(:.~?'~i~e':~re~i~'-~'~i'S Cabinet C0~i~l i'-~'e? ~:'-':qfi~,,(~/d. I~0'.'['ecoi-hrO~'d Subp6rt~Of. sucl~i, .'. ::~. l~l'.atian:.e~rly(b~.x,t.'::~v~'ek; J~ut 3he final -? :. demslOn, .w)ll. b~.the, president st Daniels: :;!? .~. '.'This i~~0n~ th-lf:6hly "ti4~ :p~e~i2 '.. '. :,4'~dent can' make, afte/' the Cabinet Coundl!? ~-' ,"rMk~s'; it~".: iecOmn~eodation'; early-: i~eXt~.', -.L 'week~'(' said 'Daniels :'after the 'nie~finL!:.' '"-~. · .' the New York Times reported, . '.; .. !'i~i: ;The~coundl"is chaii'ed b.y_'-"Att~i'fi.e3'.~ · ~r~neral Ed-~m. Me.ese;-who has pnva.lely voiced opp0~ition to the Garcia decisbn..: ' .~'The' Garda' derision was not - co~e8' by the ,adrnm~strahon, ... sfiid, 4-::Debb~e Steelrnan~ with the White House- 'Office of Intergovernmental Affairs.. L! .. '. ~ On the topic of mandatory Sodal ' rity,'one administration offidal 'at the c.: briefing s'aid he was unaware that a pro~ vision of the recently-passed budget reso- · : ' lutioni: which Would impose Social Sec'u-'. "' rity. arid Medicare thxes on ~ities and thei~~' :-' emPloyees::W, as'.a Ix?.tential dries.. '-'.,~';'i ','-'.. , '~.~' · ...... ,~ ..-. i' · .: uiie," th?,.".O'ffice%f' "and Budget's assistant director for publiq "affairsl said. he: had. "n0 'indicati0rr t,hat- :--this is a problerri".but promised to tak. e a,- : :' look at the issue~ He £aid he had been out :~. of..the e0unfi'y in'r~nt"weeKs and haps that was why he had'n6t.heard any l blin~ ...... rurn from local officials. : .-.. ,The issue' first came 9p.on iZapitol 'in early summer '~hen Senate. Majorit~ l~ader R0b'~.rt.'- DolS.(R-Karts0. began :pushing hig'p~'pos.al 'ta're'qui~:'aties to be,a p~rt'of Medicare and Sc~iai 'as .a defidt "redu~66n rneasu~e.':"Sflch a- move could cOst.dries and their employ- ees $8.4 billion '6vet the next three years.. However, Ron Alv~rado, with the White House Office of Interg0'v'~rn~'&~- tal Affaii's, said he had heard %rtly in the last 10 days" about the problems 'it would cause local governments. ~ ·: 4'That's on atrack %hat loo~ to'me '~t s go, rog to fly, · Dale smd. I don. t thru there s been' a~ awful' Iot'0f 'tho(ight; in ' the administration about .this.'. tairtly carry b~6k the message their y6ti all take this very seriously. .............. ~. -Also speaking, during the briefing Was. Le~ Thomas, admlnis~atOr"of' the :Envi- '.r6nmental Pr0~ection Agency,'wh6' ~skid he is :'anticipating delays -m hnplement- Lng'new EPA' rules governing storm w~' ter treittment hnd permits for storm ers,., pending further' study'of the"i~sue.~ The new i-egulations could cost ~ities mil~ lions of dollars.':;-' · Th~ first official public pronoU~Femenl~ of the administration's position on FLSA legislation is expected to-come S~Pt. 10 :' --~ when Labqr Secreta~y'Bill B~ock is ~hed- ' :. '_ul.~ec~. to testify betore?the Labo~:/'SUlfi- !- :0f-/fi Se it man Resom-c~- Committee.' .... -"' ~'.,:*"~' :.The sulk-~mmittee is chaired 'by $/~.' "Don Nicking' (R-Okla.)~' Who along!kith Sen. 'Pete..Wilson (R-Calif.) .and .23 sponsors has introduced--$.1570.".The measure would exempt stat~ '~ifid l°Cal govermnents from FLSA overtime provi- sions, would exempt volunteers,, and Would I~-retrfi'~kiiVe 'i6'~pHl. 153 1985, the date cities fell'under FLSA. ...... : · The Nati6nal Leigue of Cities supports' the meast/re a'nd'ttrges dty offidals to ask their U.S. ~enatO/s arid'repre~eniati~es to Debbie Steelman,/' is, ith the White HOuse Office'of Iniergovernmental. Afl- 'fairs,.said d..uring the White House ' in§ that) while she could not commit the' adn-dni~tration's support ufitil after the 'preside.nt'S .de~ision, the Nickle~'~l~ill the best measure introduced so far-to provide relie£ to dries. She. said one drawback of the measure was that 'only two of the 25 cosponsors ar~ Democrats, which might .make it difficult for 'the measure to pass the Democrat-controlled House of RepresentativeS~"/i9eri. if' the Republican-controlled Sehate approved it. '.'.' ' "' * .~E. ':', . ''~ ' · Charles Cooper, deputy assistant attor- - ney §eneral for dvil rights, also pledged Department of Justice .support. "'The Jus: rice Department is prepared tO support any reasbnable legislation in CongreSs. that would congressionally overrule C~r-' ci~," Coope~ Said. · ' ~ '--'" Because the Depariment of Labor will begin Oct. 15 to monitor local govern: ments for compliance with FLSA, "time is 6f the essence," Legislative. Counsel Cynthia Pols, with NLC's Office of Fea-- eral Relations, told dty offidals be[ore the White House briefing.: "If we .don't see real movement by--late September, chances ' f g tting"'l. 'be n'e -n. lJllil~al,o, , :..:-., .. ~:~? .. : ~,: -;.-y,:.-; ,.:-.:.. . .7"' D~.iting the White H0u~e'bri'efm~-'S~e Meisinger,' dep'uty"hnde'rseb-et;?F.'with · · - the Depa, U,ent of 1.4.bor s Employment · Standards Adrkinistratior/,".'agam~-reit- : "erated DOL's' .l:.~itibn :that" le~isliitibn "was the 'Proper-remed)~ [o '80unt~r.' tl~e. -' effects of the G,,~cia dd/isiom ' ""-' -After the G,,r~i,, ru,l,ljng~' 'dty 'offidals ' '- -'..l~ad asked DOL to 'use its rule-malcir(g-. · :powers to k~s01ve a ~umtk~-' of pr0bli/nls' :. created by th.e_ applicati0.n.:':Of [FLSA,.~to- dties; e'lJnf0i'tunateI)~,:the De~arfi'h~nt .o,,f.~ .. tabor felt coris/r in d bY ilh'e izi:l el/ .".': , NLC;"'The~ fel} th~,real'solu-fifili'had'Yo be',,legislative'-'~dse- of.'the" .: 'Court deci~i6n:;'-:;i' ?'~ f- ~ff": :;.,.i~...:..: :.:..:' ,:., ~.-.. :-;. eats hi: wa' !'enedi//i/g/,ak?.by · for FLSA le~islation.may, be'forthComin§~ . ~:' While many c~ty o .fficlals would rather introduced_' so far '~d '.dmis-~sl. only ..the' ,FLSA pi;o~4sions, causing dtiis the. most .trouble;.TheY indude'r~uiring dries to · ~pay ovlrtime .instead of giving employ.-. ca i . t0.v. i'0 for extra worked.: That Provision alone will cost :dties mdre than $1 billion a year and will 'i-esult in further reduCtibn"o.f, gov. eminent services, Beal~ said.· · "- '.:~.:..: ":~'' , In addition, millio~rus :bf volunteers, es- pedallY, y0,1u, nte~r ,_fi!'.efigh~ers; will be af~ ties any.°neI paid re. die' thii ' hour as a .regular employ..ee:).:':;: .:' i: :: · "S.teelman told' those'.~it~ndi.n.'g.,the White/HdUs'e'b~i.e~g that ii; d~ies don't Work to stem the FLSA. tide, other laws from' ~hich dti~ a~e' 'c~r{eptly." t/x~mpt might also 'soon' apply,'to..cities~ '~!.f. the Congress d°es not heath-fairly loud ' blast, there is ~n ope,n, 'd~o~ in':0th~r 'areas:" Steekn n' said: f: :lgi" ' : 'EPA'i' ThOmas' Said :h:~s"'ag~ni'Y iS devel0ping' a' short llst'~£ i'~tely toxi'c'iir p~.'.llutants and is updating .ap.. emergency · ~i{ii:lanc~: manual, in 01:der {0' assist lOCal gove ..riunents I~0 betlter .'iesiJ0nd. to.' accL . dental releases of toxi~ chemicals' into' the airl 'Thomas i,~id more' staff~has alsb beefi' added to i~gional EPA' office~', to help 10cll g~;vemments Plan'f°i'emerg~hdes.' · Thomas'*also urged support for. re- ;,(lthorization of Superfund, the red'al' 'hlz~rdous Wa'~te ,cleanup program which. expires at the end of September, Fie alsO' predicted that fi/authorization of the Safe Drinking 'Water Act.~'~will go' throdgh (Congress) fairl)/quickly."" -. .o . . · . ..~-/ ~ -' ~ In response to a question about'choos- -in~ h~zardous' waste disposal sit;s. Thomas.said finding suitable sites was major prpblemff and that EPAffwas hes- itant to get inv')Ired_ in flying to pick sit~s." Thomas.'~id 'a .study group has been looking at the siting ~sue.: · In addition, Thomas reminded those in attendance that 1987 is the deadline for meeting air quality standards for ozone. He pre .dict'ed many cities will have "ma- jor prob!e .r.r.r.ns meeting oz3ne standards. It's going t9 require some tough decisions a. mong state and Iocal'governments,~' .-, Vacaville,' Calif. Mayor~.Bill Carroll," Presidenij6f'tfie Leaguebf~liforni~ Cit- ·.ies;. .the meeting'w .. _while," and said Daniels' willingness to : : speculate on-the president's' support for ~ FLSA legislatic~ was~"a good sign"-that the administration co.uld side with cities - on this issue. - .... - "~.' · - ..'. Implementing .FLSA will cost Vacavilte i' (P°i,. 0,000) $ 00,000 n ×t about five percent of the city's .tOtal budget.,., · . . Carroll said, regardless of.the legisla-' - . rive outcome On .FLSA,. cities will once ' ~i~. ' 'again 6e hur~_~ ·~'Everybody is going to. be . . ":.'i..faced with one-half of a ch:i.'c.k_en or none ." -at all," Carroll said. :?- ? ~'" :.- Pierre, 'S.D.' Mayord Grace Peterse.n, · president of the South Dako. ta Municipal ----- League, said_ the-small cities .will-be "' effected the most by.....F~_SA_ provisions . ~ ' - ,b~cahse they have less budget flexibility. - ' '. :.;,~:&.'Fifty. dollar~ from a very small bu~lget is .... ~,.-.. tz.~-'. ' "'' ~ ,,~:-L.;~7'.-a,.-Vo-.-~'~-:, .-. <~-. -. :.-.~; a lot of- money._ :~.:., -...~.~ ~.~? .: ~.-~_. :~ ~ ~ ~'~"V~ ~.~;~;~7;?:-"-.~' ..: ~' ~: .vi;- .,.. '- ~o~ F[arpste~, Iowa--Imt~I~ra~nting FL~. · W!ll cost "millio,s of dollars.':: '....~ .-,. ' Dakota hire full time employees who · work long hours in the summer repairing · .~t~ets'and fi'i~intaining parks, and take ~ large'chunks of domp time in the win{er. , . ;'Instead, you're going to..~ee people ]aid 'off in the winter," Petersen said. :3'hat will' cause unemployment insurance dMms to rise and 'will have an adverse irnI3act on the econo_my of small commu- nitieS, Petersen sai '" And, tlfie.rg 'are just some situati~)ns when dries will have to pay ~)vertin3.~, ho matter wh.at,' Peterson' said.. "ff y._o_u~ve. . _got a water leak and it's 40 hoUrS, you're .. not going to send them home.' ....... . Robert Ma~l:vster, executive. the Le~gu.e.of Io~,a Municipalifi~-. . agreed the impact will be greatest~.on smaller cities because of the.many volun-.' teers they use..Implementing FLSA in 'iowa will cos[ cities "millions of dollars;" including $i~2 million for De~ M0~es next year, Harpster said.." · ' ' ---'~". Harpster' and 'Ankend-. Councilman Iohn Lemgn~ vice president of the Iowa league, thought.the adm.inistratioh's will- ingness to meet with local offidals was a DOn Zirame_rman, Arkansas--"FLSA will cost Arkansas ¢itits $10-$15 million." ~iI1 C~rroll, C,,lifornia'g~nid's remarks good ~o~1 sign. _'.?qe .c. ame in. optimistic and : ._ hopeful and We came' out op '.ti:rnisfic and ' ':'- Ed Gri.ffm,..executive d. irector_of th~ tirnistic. :'ii think the administration Will align !t. self with cities on (FLSA)." . · . -Griffin said he appre.ci'ated '~e s6~i-?J '..~ ti~ity' of Alva'rado and.Daniels on th~ · - .FLSA is~'ue, but found it "frustrating' to' ~ha. ve exposure t'.o. ·some speakers withoUt..- · ..: Williamstpwn-Mayor Herb C. aldwell, president of th.e Kentucky league,'s'.aid his · · city of. 3,00.0. will not be affected by. the overtime provisicins of FLSA because' state law already require? sm.aller cities to pay..overtime~ instead. Of giving: comp .... time. He said, however, .that there are ~.'.mAny dries across Kentucky.wkich °per- · ate with' large, numbe~ of volm3teers. '- '.'..' -"FLSA_ ~ flare a significant effect., on the ability of city officials to continue to · provide those, services,".Caldwell said.. '. Reno, .Ney-. Councilwoman. Janice '-'~i~e,-president. Of the Nevada League of Cities, said implementation of ..FLSA. will cost her city ".well over $1 million,.maybe. over $2 million, next year because of that ' 'dry s very.liberal labor contracts.· ,The "dry' currentlyi' pays. its 200 full': tinge · . · . .-......;~:~ .... ..: .-..... ': Grace Petersen; South Dakota--"YoU're:: : ~go. ing to 'see people laid. off in th'e"wtnter:'-' fi~.efighter~ more than double .time for overtime, ' '--" -' "I'd feel more comfortabl'e-if .they (the. ~dministration) 'Would take a position," ' Pine said. "I Would like to know that they 'would be' supportive o~/the c~ty's con- cerns." --.. ~ -.~. '. :'.~- .~,'.c~:: '~.:' d, . DonZirnrnerman, executive director of -. hhe Arkansas Municipal League, said he was"encouraged" by the possible adn{in- istration support for FLSA.' Implement-. 'lng FLSA will cost Arkansas citits about $10 million to $15 million next year. · He was concerned about the apparent lack of knowledge among those in' the administration about the impact.partici- pation in $odal Security and Medicare-. · ,will have on cities. "They all seemed fo': be .rather taken aback.(t to:Jearn, that-.' i.S 'sins'- ties hose progra ~'~o. uld cos.t'~..~illio~s., of doll~irs-~' : . Bryant Mayor Dean Boswell, president · 'of the .Arkansas league, said his r~ty of · 3,500'.currently. pay.s' volu'nteer ' firefighters $7.50 per call, ~,hich means the. y_are E..o longer Zv. ol. untee~s _uaaer- ferentiates between local governmentI ~nd the ~rivat,e, sector. Public Safety is' 24-.hour thing, Boswell said. '...' .... .. itop labor leaders disagree, however.- ...Act o.vertime'~tandards for Public 'settor. (k, orkers is unfou'nded and unfair,~ Ger- ' ' ald 'McEn~'e, presiden~ of the 'An~fl~an Federation 'of State;~Co'un~ and Mum~ci-'' · pal En4Pl0yees t~!d The.,Ne'w York Tim.e~ _last' week.'"We ~re simply asking that 'Public emPloyees'in' state and local gov: as their dounte~art~'in private indt~stry." ..'. ..... I think m0re,tha .nanythi .ng, t.he point. .that? being rni~sed i~ that'the empl0~;ees . don t like this at 'all,': Arkar~sas' Boswell ' said. He said -.m.~ny :employees~would ' rather ha~e comp time than be paid ov~t~ ~ Emp0na Mayor Sam Adams, wce pres<' ident of the vLrgir~a'iMunicyai'~ague,!:-~'(- agree~..I~ He Said .his"~ty-Of 4,900 ha~' &'! '"" · 17 officers '"Would rather: h'ave?omp';': ]ohn Lemon, lowa--"We, came out .~,..:.~. · op'tim&tic and h'ope/ul," · And neither will Shelbyville, lndian:a's 25 firefighters, $'aid'.: Ma~,.Or' Dan' Theobald,.president Of th.e!ndiaha clarion of'Cities" and Towns. t:We giv. e' comp· tim.e.n, pw' and my: m'e~i'.love itt- Th.ars hat theylwant..-,He .also sa~d many firefighters who ~re off dut~ shO~. up-for fires anyho~_~'That's Whei-e they .. get their training2':.In-the long run.it's.'.z '. protection for them and, for ~{tizen$. Now i - we'll have to tell th. em, 'You can't show up.'" : · ' ~ ' .'. '. :' -":.. · .'~ · .~ vies; president of. the Virginia Munidpal. · League, siad his city of 18,000 Will "have · to reduce, p?sonnel or raise taxes, or both,"' to counter the effects of imple2 "' menting FI~A.." .... .- .'i:) l~nice P[nC ~ewd~--"rd ~eel more ' -.." ¢o,~flOrt.able i.~ the,,~ would t~ke a position." -' JOn Burrell,' e~ect~tive director '°i'the .Maryland M~niCipal League, "said he '"'f "d. idn't le.am.a'nything new" at the meet- ing. He said those.there did impress on the ad,ministrati0'n representatives that '"tEere is a lot of concern abou~ seeking support for Jegislafiv'e change in FLSA." · ' ~ - Steve Sargent, executive director~ of the : lllk~ois Municil~al L6ague, 'aRreed. thought the m~ting ~as 'W°r~'~hil~"-If nothing'else it gave the imPre~i6n that · FSLA '.and the· environmen.t:i~n'd'._otl-ie~ issues are important .to cities," Sargen.t said.' ..- · . ...... ..'. : .: .....-- .... While'i~ ~he /neeting offered "' prises" JackGarner, director of the Penn- . .sylvania l.~eague of Cities, ~aid he had 'ta positive impression of it." . .; . :' ':.'!' · " Garner. said the imposition of FLSA' i~ .! ~ll cause may Cities to be in direct viol~'; · [': tion of labor contracts..they hav~ ne~oti~ 'ated With employee unions. He said .... many of.those-negotiations may have to. "~ be reopened, if legislative remedids fail. '-?. An :informal survey'.of cities' by'.the .C:.'ii .Pe~rnsylvinia 16ague showed that .most, ::.;'~,cities do not pro,4de Social SecuritT.'and .-"ii. Medicare coverage for'poli~e o~cer and :'~' firefighte~'' Having to 'ds:'S~ be'gi~ni~ ~' .'. Jan. 1, 1986, .as has been proposed, :'pOSes ~:~.~a;tremendoUs finahE'ial burden'on Eenn:"..' :...' -Winona Mayor Sue Edel, pr~s!d.e, nt .of · ' ::the League .of MLnnesota Cities; perhaps ' · 7 summed up bes: the dilemma' FLSA. ' presents to dries. She. said her-fUll.'time · -:.' public Works employe.es, plo~;'.~'O~' 'in '~. the wint~r,' iff' arrangemen'-t 'tl:{af'W0uld :~' '~' ;be tremend6{islY 'Costly. if.the"a{_~:'must' . ~'we can, t iud~e ho,,, muah_:°¥e~.' we will have to pay. We do-'kno~ it S goin~"t~: cost more money'i~a"~6 aa · Dean Boswell, Arkans'as~"The point -- · ~ that's being raissed is that employees don't THE MOST ENTREPRENEURIAL CITY IN AMERICA Welcome to Visalia, California--a city that could teach most companies a thing or two about good management. BY DAVID OSBORNE Ted Caebler watched with admira- tion as the trap sprang shut, al- though he found himself in its jaws. Only weeks before, the California legisla- ture had voted to return $338 million to local governments. Visalia, the city Gaebler managed, was to get $1.4 mil, lion--almost exactly the amount the local school district needed to build a new school and stave off double sessions. In the six years since Proposition 13, the district had been unable to finance any major con- struction, so Gaebler expected an immedi- ate raid on his treasury. Sure enough, there it was in the evening paper: "City Should Fund New School." Gaebler's choices were obvious: Hand over a check for $1.4 million, or earn the wrath of every, parent in town. But Ted Gaebler isn't your typical city manager. "I've never forgotten when I worked at Columbia [Md.]," he tells audiences, re- ferring to the "new town" built b'y James Rouse, the legendary developer who also did Boston's Quincy Market and Balti- more's Harborplace. "We would be wail- ing and gnashing our teeth about some horrible social problem, and lim Rouse would come in and muse philosophically, 'How can I profit from this problem.P" ' When the school district sprang its trap, Gaebler asked his staff the same question. Months later, after a series of negotiations and land purchases, a four-parcel swap and sale left the district with $1.2 million and a prime site for its new school--and the city with commercial property that it expects to sell for a tidy profit. 54 INC./SEPTEMBER 1985 The deal was without precedent else- where, as far as anyone in Visalia knows. But for Gaebler and his staff, it was not unusual. This is a city, after all, that stepped in and ran a minor-league baseball franchise for six years--the only munici- pally owned professional baseball team in the United States at the time--after the Mets pulled out anal no private buyer turned up. It is a city that won the scram- ble to buy an Olympic training pool last summer, at a savings of $400~000, because, after hearing about the deal on a Thurs- day, it was able to cut a check the follow- ing Monday. Visalia, in other words, is what Don Borut of the Intei'national City Manage- ment Association calls "one of the most entrepreneurial cities in America." Borut may not have taken a scientific survey be- fore bestowing that honor, but from all the evidence, he could not be too far off. One o£my dreams is to run a SWA Tteam for government-- take 10 of the best people I've ever worked with and go into any state or city that's in trouble and turn it around. You get a ho.cut contrac~ and you guarantee them you can save them SX million a year." At first glance, "entrepreneurial govern- ment'' seems a contradiction in terms. Many entrepreneurs consider govern- ment, by its very nature, to be inefficient, unwieldy, and bureaucratic--the antithe- sis of entrepreneurial. Hence the wide. spread belief, in business circles, that the government is best that governs least. Ted Gaebler and his colleagues have proven that there is another way. Gaebler, Whose glasses and deadpan de- livery bring fleeting images of a taller Woody Alien, is a fanatic on the subject. He speaks in rapid, precise bursts, with the zeal of an apostle. If an entrepreneur is someone who knows there is a better way and will risk everything to prove it, Caebler fits the definition perfectly. He does not think of the city manager's posi- tion as a job, he says, but as part of a mis- sion "to change the nature of city govern- ment." He took that mission to new frontiers last month, when he became city manager of San Rafael, Calif., th~ seat of affluent Matin County. Gaebler first arrived in Visalia a decade ago, after a career that included The Whar- ton School, two years under Rouse in Co- lumbia, and service in five city govern- ments. He could hardly have landed in a better spot. Visalia boasts a 30-year tradi- tion of farsighted city councils and manag- ers, and its people fairly burst with civic Clean, well laid out, and tree-lined, green oasis on the eastern edge of the San Joaquin Valley, in the shadow of t',.e High Sierras. Its population, fueled by al influx of refugees from overcrowded ccastal California, has doubled since 1970, to 59,000. But rather than succumbing to sprawl, its leaders have adopted a man- aged-growth plan and stepped up their beautification efforts, preserving Visalia's reputation as "the jewel of the Valley." The new city manager took office a month before Proposition 13, 'which drained local California coffers of $7 bil- lion during its first year alone--and ended forever, Gaebler believes, the era in which people looked to government for more and more services. Proposition 13, he says, showed that "we're not going to go the Swedish route and let government take 50% of our pay. We're going to put a limit on at 38%." That means the fundamental mission of government must change, from providing services to facilitating them, VISALIA CITY MANAGER Ted Gaebler set out to change city government, getting the workers to think like owners, and not like bureaucrats. making sure they are provided by others. "Be a catalyst," Gaebler urges other gov- ernment officials. "Be a broker. Don't be a doer. My ideal concept of city government is a $150,O00-a-year city manager and five $100,O00-a-year assistants. Period. They do nothing but broker the community's services." More important, he stresses, govern- ment officials must learn to take risks and seek profits, "think outside the box," avoid paperwork and regulations. Manag- ers must be given autonomy and encour- INC./SEPTEMBER 1985 55 ' aged to continually rethink we didn't have any model, oth- their "product mix." They er than a few months' experi- m~st learn to "leverage the ence in Fairfield. And'that was maxiiniim benefit out of the beautiful part: We didn't [their] dolllrs by using other have to have a finished prod- people's money." They must uct. That's one of the things be willing to divest services-- that causes the inertia in gov- "we gave the library to the ernment--unless you. have county, the ambulance to a pti. something that is absolutely rate hospital, day care to the proven, y. ou don't ever start churches and the junior col. anything. The council here lege"--but they must also and the staff were willing to thrust city government into take a flier--let's see how it roles not ordinarily considered works, let's see what happens. its province. And all the while,' Obviously, that means you · they must be given room,and make some midcourse Coffee- must give their ~ubordinates tions, which we did." room--to make mistakes. ,The effects of the new sys- "I am trying to get people to BY GIVING EACH officer his own car--and letting him take rem are perhaps best illustrated think like owners, not bureau- it home--the police department slashed maintenance costs., by numbers: Visalia is now well crats," Gaebler preaches. "To · ' ....... ' ' below average in employees per have the mental set, 'If this . 'capita, and it boasts $90 mil-. were my money, would I really spend it cy issues as housing or downtownbeautifi- lion in surplus and reserves--almost as this way?'" cation. It also forces managers to make the much as its total annual operating expen. "Other cities do a project and see what tough choices for which they are paid. If ditures. Part of the credit must go to its the expense is," adds John Biane, Visalia's the police chiefwants more squad cars, he strong economic base; as the retail·center real estate manager. "We do a project and must come up with the money himself, of Tulare County, Visalia garners 40.% of figure how much money we can make." Arne Croce, Gaebler's assistant city all sales taxes collected in the county. But manager before he became manager of Los tight budgeting did not hurt, either. Altos, Calif., calls the system a "budgeting On the personnel side, Gaebler and the We have revolution" that has profound effects council imported several operating slogan on private-sector an management behavior. Examples range strategies to motivate people. The first was that says, 'Get ott'the fix from complex new financing schemes to an Employee Development Program, de- ]).Y '~l~. tVonlore[ederaIor something as simple as sweeping the signed to help talented people move up state money.' To hell with it,- streets less often, within the organization. Rather than haw "Our standard for Street sweeping, with- ing outside consultants mn the program, we're going to get ot~it quicker out much thought, was every three however, they used volunteers from the than they're going to dryit up." weeks,:' says Gaebler. "With this system,city's ranks. · · . the departments had an incentive to care- Carol Cairns was a youth-development Gaebler was fortunate to work for a city fully check their service levels. So the guy officer for_the police department when she council that thought along similar lines, began testing it--without anyone else signed up. Today, she runs Visalia's hu- One of his first moves, at the council's knowing, he went to four weeks, under man-resources department. And Cairns urging, was to adopt a budget system that the guise of equipment -being broken isn't unique. Two other department heads encouraged entrepreneurial behavior, down. Then he slipped to five weeks. At have come from the police force, and Visalia was already using"enterprise ac- five weeks, there was a lit.tlc bit of bitch- when the airport manager left, his secre- counting" for some of its departments, lng. At six weeks, there was a lot of bitch- tary won the job. "Ted fosters a climate treating them as businesses responsible for lng, so he went back to five, and eventually where people can come in and say, 'Hey, generating enough revenue to cover their to four." I'm here, here's what I have to offer,'" own costs. Still, the council and Gaebler's The police department sa(ted money on says Arne Croce. "A lot of people have staff spent mtmths poring over every line its squad cars by developing a lease-pur- taken him up on that." of every budget, as traditional govern- chase program now copied by other cities. Although Visalia's pay system is still ments do. "I remember debating late at It also switched from a system of three fairly traditional, its bonus program is not. night with the airport people whether or officers sharing each car on'revolving Department headsare eligible for unlimit. not they needed a new fypewriter a. nddesk eight-hour shifts to one in which each offi- ed bonuses, while their employees can out there," says councilman Bonnel Pryor. cer has his own car and can take it home. earn up to $1,000 apiece. The first round, Gaebler found a solution in Fairfield, With one stroke, this put more police cars awarded two years ago, was used to reward.; Calif., which had just adopted a budget on city streets and improved maintenance, outstanding group efforts. "The theory system in which each department would because officers felt a new sense of owner- was that individual effort has people automatically get the same amount every ship. The average car now lasts five years, hoarding information and competing with year, adjusted for inflation and population compared with 18 months before the each other," explains Gaebler. "Group el- growth. (Characteristically, Visalia change, fort is what you want to foster--people changed the formula to include only half 'After five years of expenditure-control sharing things and doing things together." the inflation rate.) The departments got to budgeting, Gaebler had a statistical analy- Last summer, the principle was extend- keep any savings~thus eliminating the sis done to see, in retrospect, which depart- ed. If an employee comes up with ideas year-end rush to spend their entire bud- ments had gone into the process lean and that make or save money for the city, heor gets in order to avoid future cuts. which had gone in fat. Based on the find- she gets to keep IS%--with no cap on the This system, called "expenditure-con- ings, he retroactively took back $1.9 mil- total figure. Groups will diwy up 30%. trol budgeting," gets the city council out lion in savings from departments that The resultsz. Morale is high, emplo)ees of the typewriter-and-desk business, free- didn't need the funds. "Now, I think the work hard, and city government bukoles ing councillors to focus on such broad poli- system is clean," he says. "When I started, with ideas. Vic Dossey, a local banker who 56 INC./SEPTEMBER 1985 spent a month working on staff, shakes his. head in amazement: "You wouldn't find many instances in which people put forth that much time and effort in the private There's no way they can come to me and say, 'I need more money for the same level of service' I say, 'Not me. You want to. spend more money on people and quit spending it on bullets, or you want to spend all your money on street sweeping and' not on asphalt? It's your decision. You make iL ~ " Mike Ramsey, an earnest, burly 41-year- old who runs Visalia's Department of Gen- eral Services, has had an unusual career. Ramsey studied for the ministry, but be- came a police officer instead. It is still easy to imagine him walking a beat, the neigh- borhood cop who is known and liked by all. But after five years of frustration with a court system he believes favors the crimi- .hal over the victim~ he moved into city administration. Ramsey supervises three city functions: public transit, solid.waste collection, and maintenance of the city's fleet ofh00 vehi- cles. Ramsey himself set up the transit sys. tern, which contracts with a private com- pany to run a fleet of vans. The solid.waste system was in good shape when he took over, a fact he proved to his satisfaction by working the garbage trucks at four a.m. every Thursday for four months. When a large private company looked at the books in the hope of convincing the city it could do the iob for less, it walked away without even making an offer. In the fleet.maintenance division, how- ever, Ramsey inherited trouble. A supervi- sor had created severe morale problems be- fore he was fired by Ramsey's predecessor, and a great deal of management turnover had followed. Meanwhile, the shop was running up deficits of $20,000 to $45,000 a year. Ramsey told his 13 employees he was going to do three things. In three years, hi said, he would start letting city depart- ments take their vehicles to private repair shops if they preferred, thrusting the city shop into a new world of competition. Meanwhile, to get productivity up, he would begin tracking each employee's "applied time"--the percentage of total hours spent on each specific iob, Any em- ployee who had 100% applied time for four weeks in a row would earn a steak dinne, at the time and place of his choos- ing, as Ramsey°s guest. Finally, Ramsey announced a new sys. tern of participatory management. Every month--more often if necessary--all em- ployees would meet to talk about their work. Ramsey promised that 85% of all management decisions would be made at those meetings, where he would have only one vote. Ten percent would be made with input from the meetings, and 5% would be his decisions alone. Ramsey's plans were met with great skepticism. No other manager had stuck around long enough to provide stable management, his employees pointed out, much lessgoodmanagement. Why should they expect him to be different.~ In re- sponse, Ramsey promised to stay at least three years. In the more than 3 years since then, he says, "I've probably terminated more em- ployees than my predecessors did in 10 years." But among those who remain, mo- rale is high. Head-to-head competition with private shops began in July, and ev- eryone appears convinced the shop can hold its own. Applied time is up from 83% THE STREETS OF VISALIA were in better shape than the street sweepers when Mike Ramsey (inset) took over vehicle maintenance in 198£. INC./SEPTEMBER 1985 57 'to well above 90%. The garbage trucks and street sweepers are on line 97% of the time, compared with 85% nationwide, and they are lasting 2 to 3 years longer than the national average. The entire deficit has been paid off. Ramsey's employees cite two keys to their success: new equipment and the ap- plied-time system. Before Ramsey arrived, they say, they had to rely on shoddy, anti- quated tools, the cheapest that manage- ment could buy. Using their new power. under participatory management, they asked for a larger tool allotment. "I showed them the department budget, and asked them where we were going to get the money," Ramsey remembers. "At first, they didn't understand a lot. But lights began fuming on, .and they went to work on it." 7:~: ~ ' ..~'.. ' They contacted tool vendors and drew up lists of what they needed, then exam. ined every account in the budget for sur. plus funds. Gradually, they focused in on energy expenditures. · For years, one heater had blown hot air outdoors, yet no one had ever bothered to mention it. "This is a classic example of ownership," says Ramsey. "For years, it was just a joke. Now they said, 'Why don't we sl-iut that son of a bitch off.v" They also repaired the limiter switches on other heaters and kept the shop's huge vehicle doors closed during the winter, Cutting small'doors for people to use. After a year and a half, they had reduced energy con- sumption by 30%. The savings went into their tool allotment. Today, because man- agement buys what the employees recom- mendm"right down to the brand name and number," as one mechanic puts they have what they need in order to do their jobs. Ramsey took the energy audit to his su- periors, proposing a $125 bonus for every employee. Visalia's bonus program did not yet exist, however', 'and he met a stone wall. Only after nine months, when Ram- sey threatened to pay the bonus out of his own pocket and tell his employees the city had let therfi tlown, did his superiors re- lent. The day he handed out the cash, he says, "There were bro.ad smiles all the way around that table." The maintenance workers don't com- pare their jobs to heaven, but they do feel that a great deal of progress has been made. The new equipment makes their work both easier and more productive, they say. The employees don't complain about the applied-time system,.because they realize that it lets management track the perfor- mance of each worker and each vehicle, and thus learn if either needs to be re- placed. With this kind of scrutiny, says one, "If there's something extra that needs doing on a truck, you can bet your sweet ass it'll be done. Because if it comes back, they'll be lookin' for whoever worked on it. Comebacks are a no-no here." 60 INC./SEPTEMBER 1985 I would stack up my ability to manage anything--and the competency o£my employees-- against anybody in the private sector. I don't care ii'we're making n4dgets, Ford cars, ' computers, or satellite systems. We could take the resources, the goals, put the team together, and · bring the Project in on tim& ' For Ramsey, Gaebler, and crew, importing techniques from the private sector was not ~nough; they believed in turning the pub- lic sector itself into a hotbed of enterprise. When a group of.private developers build- ing 'a local industrial park needed tO un- load part of their land, the city bought it, put in streets and sewers, and sold it for a $600,000 profit. When the city wanted to expand its convention activities and bring in a downtown hotel, it bought up $2.8 million worth of land and sought out pri- vate bidders to construct and operate the hotel. When the convention staff wanted more cultural life in Visalia, it co-ventured with private promoters, limiting their risk in bringing headliner acts to town by put- ting up half the capital and taking half the profits. Perhaps the best example is in housing, however. Several years ago, a citizens' task force found a dearth of affordable, moder- ate-income housing in Visalia. A typical government responsemif not silence-- might be to get federal funds to build a few large apartment buildings, which would quickly degenerate into low-incbme eye- sores. Instead, the city ~'ouncil created a private, nonprofit organization called Vi- salians Interested in Affordable Housing (VIAH), loaned it $ 100,000, and sold it 13 acres of excess land. Fifteen months after VIAH's first board meeting, 89 families moved into Twin Oaks, the organization's first residential development. VIAH's board set out to avoid a public- housing image. Every house has a two-car garage, and to keep the neighborhood looking trim, the homeowners' associa- tion takes care of everyone's front lawn. Today, Twin Oaks looks like any other development, although the houses are small. The difference is that a two-bed- room house goes for $33,000, a four-bed- room house for $53,000~and the owners 'earn $9,000 to $18,000 a year. With inter- est rates as low as 4.75%--depending on a buyer's income and the availability of fed- eral mortgage money--monthly pay- ments, including taxes and homeowners' dues, range from $256 to $360. Already, VIAH has broken ground on its second housing development, which will ultimately include some 200 houses and a commercial center. Again, the city played a role--loaning VIAH the money at 11% to buy the land and creating a mort. gage-revenue bond program to make fi- nancing available at below-market rates. (Private developers will get most of the $44 million the bond program will raise this year; only 10% will go to VIAH.) With no advertising, 180 names are on the wait- ing list. "VIAH has already gone far beyond what anybody thought it could be," says Bob Hamar, a planning department official who works closely with the organization. Hamar gave up a summer vacation to shep- herd Twin Oaks to completion, but he calls his position "the most exciting job in the city." ' Visalia's public servants have one prob- lem few in the private sector ever face: When they get too entrepreneurial, the local business community rises up in arms. Those who build Iow-end housing, for in. stance, believe VIAH has preempted part of their market. Businesspeople also worry that Visalia will ultimately lose money on its hotel project and convention-center ex- pansioff. ("That's what they said about the baseball team," Gaebler retorts. In fact, the city made a small profit when it sold out to two local businessmen.) The loudest 'fireworks came when Gaebler floated a trial balloon on municipal home- owners' insurance, an idea that works in other cities. But there is no consensus on these issues~some developers have sup- ported Gaebler's ventures 100%~ others have mixed reactions. Burl Gann, who chairs a business watch- dog organization called the Visalia Legisla. tive (;roup, raises perhaps the most sophis- ticated objection. $o far, he agrees, the city has not lost money on any of Gaebler's deals. But what about Gaebler's succes- sors.~ Will they have the same business acumen? Once the principle is established, what will keep the city from getting in over its head? "The city is not as good at making investments as the private sec- tot--it just can't be," (;ann insists. "Their bottom line is not profit. They don't have to go through the same analysis that the private sector does." "That isa valid criticism," admits Gaebler. "I guess my only answer, feeble as it is, is would you prefer to have govern- ment stay the way it is.~ I think you need to take some risks." (;ann's group has taken a survey of bu- sinesspeople in town concerning the city's intervention in the marketplace, and he plans to present the results to the city council. Before (;achier took the iob in San Rafael, there was talk of one or two "anti- (;achier" candidacies for council this fall, although no one predicted .~uch cam- paigns would succeed. Even among the de- velopers, the desire was to see the city manager corralled, not fired. The bottom line, says Board of Realtors president Larry Gilbert, is that (;aebler de- livered efficient government and superb city services. "Unless you're directly i~n- pacted by the city's activities in private enterprise--and I doubt that the average itizen is--then you're probably not going o be convinced that there is a problem." Bill Evans, another developer, believes that for most of his colleagues, the real problem wasn't Gaebler's specific actions, but that "he'd accumulated so much pow- er .... Was he really interested in Visalia, or was he interested in creating what he wants~a new kind of city government?" Gaebler's personality only fanned the flames. He likes the limelight and is quick to engage in battle. Being a visionary, he is forever rallying his troops to new entrepre- neurial frontiers--talking, for instance, about the city as'a corporation, himself as' its ~hief executive officer, and the council as its board 0f directors'. "Ii ~4as a'little' scary to some of the folks outside, who heard my internal pep talk words and took them literally," he says. But that is the price you pay. "Would Martin Luther King have made any changes if he'd kept his mouth shut.~" Others, even Gaebler's staunchest sup- porters, see it slightly differently. "Ted just says stupid stuff," shrugs Greg Col- lins, one of his closest allies on the city council. "I don't know if it's a sign of im- maturity, or what. He's got a lot of good ideas, but sometimes he just engages his omouth before he engages his mind." The classic example came when Gaebler grabbed statewide television coverage by proposing to rebate $9~S of Visalia's budget surplus to every citizen as a "share" in the city. The police, who wanted higher sala- ries and better retirement pay, were out- raged. And the city council, which had never passed on the idea, was embarrassed. "In most places," says Collins, "Ted would probably have been fired. But his value is in promoting his approach to gov- ernment, and we thought that outweighed his blunder. So we slapped his wrists and told him not to do that anymore." V~e see a'model: entrepreneurSMp. It'~ not the lmneect model, hut it's a hell o£a lot better than what we have. And we can use the model--we' can talk about eo~omte reports, protTt centers, and all those kinds of words--to get people not so much to become entrepreneurs," but to quit belng bureaucrats." Although some in town believe he wanted out before the November elections, Gaebler says he and his wife had always planned to leave Visalia when their youn- gest child graduated from high school, an event that took place in lune. Gaebler sees the job in San Rafael as one that will give him seven years or $o to "transition" into a new career: writing, speaking, consulting, spreading his message. Meanwhile, his handpicked successor, Don Duckworth, faces some serious inter. nal problems. The staff Gaebler leaves be- hind is in the midst of a transition from the excitement of start-up to the plateau of sustained achievement..The novelty has worn off, people are stretched thin, and the strains are beginning to show. In many ways, it seems, Gaebler fits the stereotype of a charismatic entrepreneur who can inspire people with his vision, but who lacks the patience to manage a suc- cess. His style is to throw a lot of balls in the air and let his staff handle what comes down. In..¥isalia, he defined his role as 90% "eXternal"a'dealing with the coun. cil and the community at large--and re- lied on three assistants to run the organiza- tion. "Ted is an idea man," says Carol Cairns, "not an Operations man." "If a person is going to be an external manager, then he or she s~iould have the ability tO allow people beneath him to make decisions," adds Iohn Biane, the real estate manager. "And that was not always the case." · . A key factor, according to most manage- ment people, was that Gaebler's first gen- eration of assistant city managers had moved on, and his new crop was not as strong or as much in tune with his philoso- phy. "They weren't risk-takers," says one staff member. "They didn't have a lot of interest in facilitating entrepreneurial be- havior.'' Beyond the assistant city manag- er ranks, perhaps only two thirds of Visa. lia's 45 to 50 management people bought his approach, and only half of those really put it into practice. No one expected that Gaebler could completely transform his staff in seven years, but because his revolu. tion was not complete, his most creative and entrepreneurial managers were also his most frustrated. Some were already running small businesses on the side, and one could almost feel their itch to get into the private sector and show their stuff. "Ted works hard to find the best people, but he doesn't set up the reward system to keep them," argues Mike Ramsey. "He does a good job of creating an environment in which they can grow. It's when they succeed that they get frustrated." Curiously, such criticism is probably a healthy sign. Visalia will never undergo a complete transformation from bureaucra- cy to enterprise for, at bottom, govern- ment cannot and should not operate exact- ly as a business does. If it did, democracy would go out the window. Government will always move too slowly for the real entrepreneurs, and it will no doubt lose some of them to the private sector. But as measured against the typical city govern- ment, the frustrations in Visalia are more IN MANY WAYS, Gaebler~ts tile stereotype o[ the visionary entrepreneur who lacks the patience needed to manage a success. symptoms of success than those of failure. The proof is that the model is spreading· Already, Gaebler is invited to preach his sermon nationwide, and cities from Hampton, Va., to Pueblo, Colo., are imitat- ing his programs. Lawrence Mulryan, the mayor who brought him to San Rafael, expresses the respect with which Gaebler's philosophy is increasingly viewed. "Traditionally, smaller cities have left the aggressive, entrepreneurial devel- opments to the private sector, but frankly, we have to realize that that's not going to be enough," Mulryan says. "We recently got $12 million in redevelopment funds, and there's a lot of opportunitymbuying properties and assembling properties and reselling them--to shape the destiny of our community. We need strong leader- ship to accomplish that." 'I always start my speeches," Ted Gaebler says, "by asking, 'Who in this room wants government to stay exactly the way it is?' I've never seen one hand go up, not at a Rotary Club, not at a PTA. And then I say, 'I gotcha, because that means you, like me, are agents of change.'" "For years, I thought I was selling ideas," he muses. "But it turns out what I'm selling is hope." E~ David Osborne is a Connecticut-based writer specializing in political and eco- nomic affairs. 62 INC./SEPTEMBER 198S MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 5539! BOARD OF MANAGERS: David H. Cochran, Pres. · Albert L. Lehman · John E. Thomas Camille D. Andre · James B. McWethy · James R. Spensley · Richard R. Miller LAKE MINNETONKA August 26, 1985 TO: FROM: RE: Ail Municipalities Special Purpose Governmental Districts and Interested Citizens Board of Managers Minnehaha Creek Watershed District Proposed Rule L Establishing a Fee Schedule for Permit Violations and Uork %~ithout a Permit The Board of Managers of the Minnehaha Creek ~atersbed District is considering adopting a new rule which would require payment of a fee where work is performed prior to issuance of a District permit or in violation of a District permit. A public hearing on the rule will be held Thursday, September 19, 1985 at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, commencing at 8:30 p.m. A copy of .the Notice of Hearing and Proposed Rule L are attached to this memorandum. The Board desires to hear from affected governmental officials, property owners, and the public regarding the proposed rule. Written comments may be submitted to the District at any time prior to the hearing; oral comments may be submitted at the public hearing. Additional information can be obtained from Michael A. Panzer, engineer for the District, E. A. Hickok & Associates, 545 Indian Mound, Wayzata, Minnesota 55391 - Tel. 473-4224, or Gary R. Macomber, attorney for the District, Popham, Haik, Schnobrich, Kaufman & Dory, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402, Tel. 333-4800. 1474n MINNEHAHA CREEK WATERSHED DISTRICT Rule L: Fees Charged in Certain Cases 1. Findings. The Board finds that from time to time persons perform work requiring a permit from the District without a permit, and persons perform work in violation of an issued District permit. The Board finds that its costs of engineering inspection and analysis in such cases exceeds those where the applicant has complied with District requirements. The Board further concludes that its annual tax levy should not be used to pay such costs which are incurred because of a failure to meet District rquirements. Therefore, the Board adopts a rule charging fees to the responsible persons in such cases. 2. Fee. Any person who performs any work for which a permit is required under these rules without having first obtained a permit from the District, or, who performs any work in violation of any terms or conditions of a permit issued by the District under these rules,_shall pay to the District a fee equal to the District's actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which are incurred after notice of violation from the District. 3. Procedure and Payment of Fee. The District shall notify any person performing such work of the violation. If a permit has not been issued for the work, the person performing the work shall promptly apply for a permit. If a permit has previously been issued, the Board shall rescind the permit if it finds violations of permit terms. Upon receipt of a permit application and exhibits showing that the work is to be performed is in accordance with District requirements, the Board may issue a permit. Upon per]air approval, the Board shall notify the person who is liable for the fee of the fee due. The fee shall be paid to the District within thirty (30) days from the date of permit approval and shall be received by the District prior to actual issuance of the permit. 4. Recover~ of Fee. The fee provided for in this rule may be recovered by the District by any legal action authorized by law. 5. ~overnmental Agencies Exempt. The fee in paragraph 2 shall not be charged to any agency of the United States or any governmental unit in the State of Minnesota. 1139n 8/26/85 MINNEHAHA CREEK WATERSHED DISTRICT In the Matter of the proposed adoption of Rule L to the rules of the Minnehaha Creek Watershed District NOTICE OF PUBLIC HEARI~G NOTICE IS HEREBY GIVEN that a public hearing will be held by the Board of Managers of the Minnehaha Creek Watershed District on Thursday, September 19, 1985, commencing at 8:30 o'clock p.m. at the St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota, concerning a proposed Rule L creating a fee schedule where work is performed prior to issuance of a 'District permit or in violation of a District permit. The public hearing is held pursuant to Minn. Stat. § 112.43, subd. lc, and its purpose is to determine whether Rule L should be adopted. The Managers desire to hear from affected landowners, governmental officials, and the general public regarding the proposed rule. All persons who wish to ask questions or express their views regarding the proposed rule are encouraged to attend the hearing. If necessary, the public hearing may be continued in order to allow all interested persons to be heard, which continuation, if any, shall be announced by the Managers at each preceding hearing, giving the time and place of the continued hearing. Copies of the rule are available from Eugene A. Hickok & Associates, engineers for the District, 545 Indian Mound, Wayzata, Minnesota 55359 (telephone 473-4224), and from PoPham, Haik, Schnobrich, Kaufman & Doty, Ltd., attorneys for the District, 4344 IDS Center, Minneapolis, Minnesota 55402 (telephone 333-4800). DATED: , 1985 BY ORDER OF THE BOARD OF MANAGERS Minnehaha Creek Watershed District John E. Thomas, Secretary 1187n -2- ~EFORE TEE MINNESOTA PUBLIC Cynr. b/e i. E/ti/ask/ LeoG. AdnAs Harry SeFnour Crunp Terry Ho~f~nan Rober~ J. O'Eeefe Chair Connttsstoner Ccenttssi~oer C~tssioner Com~estoaer Tn f. he Hart. er of the Petition o~ Conr_inental Telephone ~y o~ ~e~, ~., ~or Au~o~ty ~o ~e i~ ~e of Talep~ne h~s for .-Dochat No. P-407/CR-8~-23& APPROVING ~ TO ~rflMI)I~AW gENgll&L RA'rg CASE Om April 19, 19.85, Continental Telephone Company of M~nneso~i, lac. (Con~an~al) filed a petit_ton for increased telephone rates before ~ha ~-esoca Public Utilities Coe~ission (the Commission). pursuant to Mt---. SCat. §237.075 (1984). O~ ~ay 23. 1985, the Co.sissies issued its Order Accepting Filing and Suspending Races. Hay 24, 1985, the Co.mission issued a Not/ce and Order for H~aring and ~ai~ ~e a~v~nCicled ~ccer to the ~fice of l~nt~cracive H~ngs for. pur~ses ~f cond~t~g publlc and e~den~ary h~ings on ~tion. On Hay 29, 1985, the Com~/ssion issued .its Order Setting Inceria Rates. A prehearing conference was held on June 7, 1985, and a Preqtearing order vas entered by ~ha A~ministrative law Judge (the Al.l) on June 11, 198~. Public and evidentiary hearings were scheduled. CO Auiust 22, 1985, Continental advised the AI.3 of ice inCant~on to withdraw its p~tttlon. On August 27, 1985, C~e ALI submitted to the'commission an order and £eco~ndation recoenendin$ that; (I) The Co~ssion grant Continental's ~otton for acceptance of withdrawal of its notice of change in rates and petit/on in the above-~ntttled nat~er without prejudice; (2) Such withdrawal is also without prejudice to Continental resube~ltting its access tariff in Docket No. p-421/CI-83-203 et al. for Commission consideration; and, (3) A~ounts collected under interim rates will be refunded according to further direction and order by the Commission. COMMISSION FINDINGS AND CONCLUSIONS The Co~mission has reviewed the Ali's order and Recommendation and the. following documents filed wi~h the AL~ by Continental: (1) Withdrawal Without Prejudice; ' (2) Hotion for Acceptance of Withdrawal of Notice of Change in Rates and Petition; (3) Affidavit of Gary J, ~auSen; (&) Proposed Order Staying Further Proceedings Proposed Order and Recommendations. The Commission finds ~Jaat it" is in the public interest to grant Coa~Lnenr~l's -,or/on for acceptance of withdraval of notice of chanie in rates and petition. The Co.mission finds that no in~ervenor objects Co ConttnenCal's motion. The Commission will grant Continencal's motion for withdrawal of its general rate case without preJuatce to Continental to seek any future rate relief. Continental may seek ne~ interim rates in less ~h~n [our months from the date of this Order if circumstances support a new rate chanEe filing because -1- under ~he c~rcmestances of tl~s v~thdrava~, :l~posins su~ de~y ~d ~mo~bIy burden ~e ~ss~on ~ d~t ~nt~ to resu~ ~t8 pro~ ~tr~te ac~ss ~f, ~ ~s a ~ of the rate ~, ~e ~e fi~n~ ~ r~u~ by ~e '~ssiou's J~e 29, 1~ ~der Adop~iu~ 1~ ~ ~ ~e~ ~. P~21/~203 eV al. ~n~l oho~d ~c~ue as ~n as p~c~i~lly ~ssible ~ eppll~ion ~f l~ ~ ra~e ~f ~d ~o 'ag~ ~r~e raven ~A~ i~ prior ~ssion~pproved ~ff ~ eff~ a~ ~ ~ ~ ra~e c~se f43~"S ~cep~. ~wever, ~ r~ion of ~e ~e~ ~e of c~pu~era ~ ~ ra~ ~o con~ ~o be ~sed ~or up ~o 21 ~ys af~ ~ ~er ~e ~e ~ ~ssi~ ~1 ~ ~n~l ~o su~ for ~4~si~ renew ~d apparel ~ a ref~d p~ ~d a an~ce ~o acc~y ~e ref~d ~o ea~ infidel c~to~r. ~s ref~d p~ ~1 es~b~sh a ~4~m for ~ e~s of ~se ~nies ~ ~ ~va ~en co~ hd ~ia ra~es never ~ es~blis~d. ~ ~ssion ~ al~ ~ ~n~en~l to file, ~or ~ssion renew ~d approve, a no.ce ~o ~co~y ~ flrs~ b~l re.etaK ~e discon~ion of ~erh ra~es ~d ~e r~s~b~a~n~ of ~e pri~ ~salon~pprov~ ra~es. r~rds of ~he costs i~ ~r~ ~ ~ia~iou ~ ~s pr~e~. cos~s s~l ~clude, bu~ nec ~ 1~ to, ~e cos~ of fil~g prep~a~on, a~to~ey fees, s~ff ~, ~he cos~a o~ pr~ese~g and ~s~rAbu~g ~e ~n~on~ a~ve, ~d billed'costs fr~ ~ ~p~ of Pubic ~r~ce ~d ~e ~sion. ~e ~ion ~11 ~so ~r~ ~n~en~l to su~ a re~ of i~s ra~e ~se ~pe~es. ~s re~r~ ~11 a~o in. nde ~ i~i~u of ~es ref~d~ ~o cus~rs. ORDER 1. Continental Telephone Company of Himueso~a. Inc.'s Motion for Acceptance of Withdrawal of its Notice of Chanee in Rates and its APril 19, 1985 petition for increased telephone rates is hereby granted without prejudice. 2. Within 21 days of the service date of this Order, Continental shall ter~te the application of interim rates and beein charBin$ those Cc~uission-approved tariffed rates that were in place i~mnediately preceding the establishment of interim rates in this proceeding. Continental shall notify the Commission a~d the Department of Public Service, in writing, of the e££ective date of the reestablishment of the prior Commission-approved tariff, and at ~hat time, the Depar.~ment shall remove the interim rates from Con~.inental's t~riff book and reinstate the prior approved rates. 3., Within 15 ,:lays of the service ~ate of this Order, Continan~al shall submit to the. Commission, and serve upon all intervenors in this proceeding, a proposed plan to refund all monies collected in excess of what would have been collected under the tariffed rates in effect inxnedlately prior to the establishment of interim rates. Continental shall also submit with the proposed re£und plan, a proposed customer notice to accompany the refund to each individual subscriber. &. Within 10 days of the service date of Continental's proposed refund plan and customer no,ice of the refund, as referred to in ordering paragraph 3 above, parties to this proceedia$ may submit written c~uta ko the Co~ssion on both ~he proposed refund plan and the notice. 5. Within 30 days of the service date of this Order, Continental shall resubmit -2- proposed ~crastate access t~riff as r~Lred by the Com~ssioa's Juae ~t~ 5 ~ys of ~e s~c~ ~te of ~s ~r, ~eo~l s~ll su~t pro~sed cus~ no~ce to ~c~p~y ~e first bill refI~g r~s~b~nc of ~e ~f~ ~es ~ e~f~ ~ately prior here~. Vic~ 120 ~ys of ~ ~tce ~Ce o~ th~t ~der, ~ de~tl~ ~e race ~ ~e u~%ac~ ~ ~h~. I~ race ~ ~o. ~7/~5-~, ~ud~i ~e' c~C of p~ess~S ~d d~s~bu~S BI' O~D~ OF T~ (l~tlSSIO~ Acciag ~-xecuCtve Secretary SEEVICE DATE AU~ ~ 0 ~ ($ E A L) Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 MEMORANDUM TO: Council Members FROM: Sandra Gardebring Aug. 30, 1985 Suppo~t,~ed FRIDAY REPORT Five Council members and two Waste'Contr61 Commission members heard testimony from 17 speakers'supporting the Lake Ann gravity flow sewer interceptor last night. ~one spoke in favor of the Lake Virginia force main, the other alternative £n th6 Western Lake Minnet'6nka ar~. --~rguments for the gravity system included a higher growth rate in Chanhassen than forecast by Council staff; a combined contribution of $2.1 million from Chanhasaen and Eden Prairie, assurances of growth management by these two communities and avoidance of environmental problems. The_~come to the Council Oct. 10~__. Council members in attendance were Jo Nunn, Carol Flynn, Dottle Rietow, Don Stein and Ray Joachim. Collection Repo,ttGiven Appointing a 'New TAB The report of our task force on organized trask collection was summarized for the Legislative Commission on Waste Management Monday by staff member Lynne Bly and Mary Ayde, who chaired the task force. Sen. Gene Merriam and Rep. Darby Nelson expressed surprise that despite the Council's long-standing support for the organization of trash collection, the task force concluded that no new system, for implementing organized collection is needed, and local authorities are able to handle any organizing desired. Council committee chairs jcined me for breakfast Wednesday, and'we talked about a proposed process for appointing the citizen members of the Transportation Advisory Board. Since the TAB advises both the Council and the Regional Transit Board, we're trying to devise a system that will involve RTB members in naming TAB members. One possibility is to have Council and RTB members affected by the appointment review applications jointly and make recommendations to the full Council. I'll let you know what we eventually come up with. Spirits W~en't Dampened A damp tour of three regional parks was taken Wednesday afternoon by six members of the Legislative Commission on Minoesota Resources, led by staff member Bob Nethercut. Some of the legislators have concerns about the state's ability to provide sufficient future funding and the logic of current arrangements for funding and ?Perating state, local and regional parks, Tc. lI Towe, ts ¢ommitte~ Shoreview's recently created ~all towers committee met las't night and staff member Jim Uttley reports that he gave the group some history on the Council's involvement in the issue. The committee plans to come STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Housing and Redevelopment Authority of Mound, Petitioner, Randy E. Bickmann, et al.,' Respondents. NOTICE OF HEARIXG Court File No. CD-1916 IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS IN THE CITY OF MOUND, COUNTY OF HENNEPIN, STATE OF MINNF_.SOTA, FOR REDEVELOPMENT PURPOSES. TO RESPONDENTS HEREIN: You and each of you are hereby notified that on the 30th day of September , 1985, at 8:30 o'clock a .m., or as soon thereafter as counsel can be heard, before the Honorable Eugene iKinenko ~ in Room C-1953~ Hennepin County Government Center, City of Minneapolis, Minnesota, the Petitioner will present to the Court its Petition in Condemnation whereby it seeks to acquire for redevelopment purposes lands described in the Petition which is attached hereto and h~.reby served upon you. Petitioner intends to take title and possession of the lands on November 11 , .1985, pursuant to Minn. Stat., Sec. 117.042, and commence construction as soon as possible thereafter. The Petitioner prays the appointment by the Court of three (3) disinterested residents of Hennepin County to serve as Commissioners of Appraisal to ascertain and report the amount of damages that will be sustained by the several Respondents on aeeount of the taking. Dated at Minneapolis, Minnesota, this 26th day of August ~ 1985. HOUSING AND REDEVELOPMENT AUTHORITY OF MOUND Petitioner WURST, PEARSON, HAMILTON, LARSON & UNDERWOOD Attorneys for Petitioner By ' ~6063X 1100 ~r}t Bank Place West Minneapolis, Minnesota 55402 (612) 338-4200 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Housing and Redevelopment Authority of Mound, Petitioner, Randy E. Bickmann; Paul E. Busche and Sandra M. Busche, husband and wife as joint tenants; F.B.S. Homes, Inc., a Nevada Corporation; Hennepin County; City of Mound, a Minnesota Municipal Corporation; Kenneth B. Romness; Charles V. Carlson; Larry Gallagher; Medical Properties, a Minnesota general partner- ship; Tonka Corporation; M.E. Muener, a/k/a Milbert E. Mueller; Philip Lansing and Betty Lansing, husband and wife as joint tenants; William Scott Brickley and Christine M. Brickley; George C. SI~epherd, Jr. and Harriet C. Shepherd; Loretta F. Corbett; Jack I~ Hibbard; Mound Medical Clinic, a partnership; General Life Insurance' Corporation of Wisconsin, Inc.; Byron H. Petersen; and - Gregory J. Carlson, Respondents. PETITION FOR CONDEMNATION IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS IN THE CITY OF MOUND, COUNTY OF HENNEPIN, 'STATE OF MINNESOTA, FOR REDEVELOPMENT PURPOSES. To the District Court above-named, the Housing and Redevelopment Authority of Mound, in accordance with and pursuant to the provisions of Chapter 117, Minnesota Statutes 1984, as amended, brings this Petition and respectfully states and alleges: I. That during all times herein stated, Petitioner has been' and now is a public body corporate and politic, organized and existing under the laws of the State of Minnesota relating to municipal redevelopment authorities, and is authorized by law to exercise the right of eminent domain. That the purpose for Which Petitioner seeks to acquire the interests and lands described hereinafter is a public purpose._ That at a regularly scheduled meeting of the Housing and Redevelopment Authority of Mound held on July 11, 1985, said Housing and Redevelopment Authority, in the exercise of its legislative powers, adopted a resolution determining that the acquisition of the following described real property was necessary to carry out a redevelopment project as defined in Minnesota Statutes, Section 462.421, Subd. 13, and that it was necessary to expedite by the "quick take" procedure the taking of the lands described hereinafter, all of which ]ahds are located within the City of. Mound, County of Hennepin, State of Minnesota. ~ IV. That the lands to be acquired,' the names of all persons appearing of record or known t.o Petitioner to be the owners thereof or interested therein, including all whom your Petitioner has been able by investigation and inquiry to discover, together with the nature of the ownership or interest of each, as nearly as can be ascertained, are as follows: Description of Parcel 3 (13-117-24-32-0125) That part of Lot 2, Block 11, lying West of a line drawn parallel with and 100 feet West from the East line of Block 11; Lot 6, Block 11; Lot 7 and that part of Lot 8, Block 11, lying East of the Easterly line of Linden Street, said Easterly line of Linden street being described as follows: Commencing at the Southwest corner of Lot 2, "Koehler's Addition to Mound" Lake Minnetonka; thence East along the South line of said Lot 2 a distance of 2.5 feet to the point of beginning of the Easterly line being described herein; thence Northerly, deflecting to the left 88 degrees 11 minutes, a distance of 60 feet; thence Northerly along a tangential curve .to the right, having a radius of 423.5 feet and a central angle of 20 degrees 46 minutes, a distance of 153.5 feet; thence Northerly along a tangential curve to the left, having a radius of 167 feet, to its intersection with the Northeasterly line of said Lot 8 and there terminating; except that part of Lots ? and 8 lying Southerly of a line drawn from the Northeast corner of Lot 3, "Koehler's Addition to Mound" Lake Minnetonka, to a point on the above described Easterly line of Linden Street distant 20 feei-Northerly along said Easterly line from the South line of Lot 8, all in Side Park: A.L. Croeker's 1st Division, Mound, Minnetonka", According to the recorded plat thereof. Cert. No. 645974 Name Nature of Interest Paul E. Busche and Sandra M. Busche, husband and wife as joint tenants Fee F.B.S. Homes, Inc., a Nevada Corporation Mortgage Hennepin County Taxes City of Mound Assessments Description of Parcel 1 (13-117-24-0129) Lots 11 to 15 inclusive, also 1/2 adjacent vacated Essex Place, also all of Church Way formerly School .St. as shown on the plat of Lakeside Pk A L Crocker's 1st Division Mound Minnetonka which lies Westerly of Linden St. as opened by the Village of Mound described in BK 1162 Page t38, Block 12, Lakeside Park: A.L. Crocker's. Name City of Mound, a Minnesota Municipal corporation Hennepin County City of Mound Nature of Interest Fee Easement Taxes Assessments Description of Parcel 2 (13-117-24-32-0161) , That part of Lot 8~ Block 11~ "Lakeside Park: A.L. Croeker's 1st Division~ Mound, Minnetonka", lying %{esterly of the Easterly line of Linden St. as opened by the Village of Mound as described in Bk 1162 Page 138; and that part of Lot 32 "Lafayette Park, Lake Minnetonka" lying %{est of said Lot 8 and lying South of School St. as shown on the plat of "Lakeside Park: A.L. Croeker's 1st Division, Mound, Minnetonka" except the %{est ? feet thereof for road purposes, Lafayette Park, Lake Minnetonka. Name Kenneth B. Romness~ Charles ¥. Carlson and Larry Gallagher Medical P~operties, a Minnesota general partnership Tonka Corporation 'City of Mound Hennepin County Nature of Interest Contract Vendee Mortgage Assessments Taxes Easgment Description of Parcel 10 (13-117-33-0001) That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 117, Range 24, described as follows: Commencing on a line parallel with the West line of said Seution and distant 33 feet Easterly therefrom measured at right angles and at a point on said line 50 feet North of the intersection of said line with the north line of Dell Street; thence South along said line a distance of 50 feet to the north line of- Dell Street; thence East along the North line of Dell Street 108.5 feet; . thence Northwesterly 50.15 feet, more or less to the intersection with a line drawn parallel with the north line of Dell Street from the point of beginning, thence West along said parallel line 105.44 feet'to the point of beginning. Together with a perpetual easement for right of way overa 15 foot strip of land adjoining the East line of the above described land, being a portion of a right of way to be established by grantors. Said portion of right of way shall be kept in repair and maintained at the expense of the grantees. Subject to the easement and restrictiohs of record, and the restriction that the building line of the premises described herein shall be 27.5 feet east of the West line thereof. " Cert. No. 505784 Name Nature of Interest M.E. Mueller, a]k/a Milbert E. Mueller, an undivided one-half, and Philip Lansing and Bet.ty Lansing, husband and wife as joint tenants an undivided one-half William Scott Brickley and Christine M. Brickley George C. Shepherd, Jr. and Harriet C. Shepherd City of Mound Hennepin County M.E. Mueller, a/k/a Milbert E. Mueller Kenneth B. Romness, Charles V. Carlson and Larry Gallagher Medical Properties, a Minnesota general partnership Fee Contract Vendee Easement Party Wall Assessments Taxes Easement Easement Easement' Easement Description of Parcel 4~ (13-117-24-33-0027) Par 1: That part of the Southwest Quarter of the Southwest quarter, Section 13, Township 117, Range 24' described as. commencing at the intersection of the West line of said Southwest Quarter of the Southwest Quarter and the extension West of a line drawn parallel with and 1 foot North from the North line of Lot 1, "Koehler's Addition to Mound" Lake Minnetonka; thence East parallel with the,North line of said Lot 1 a distance of 191.90 feet; thence North parallel with the West line of said .Southwest Quarter of the Southwest Quarter a distance of 53 feet to the actual point of beginning; thence South along the last described parallel line a distance of 53 feet; thence East parallel with the North line of said Lot 1 a distance of 72.10 feet to the .Nest line of Lot 2, "Koehler's Addition to Mound" Lake Minnetonka; thence North along the West line of said Lot 2 to the North line of said So)~thwest Quarter of the Southwest Quarter; thence west along the North line of said Southwest Quarter of the Southwest Quarter to a point 145.30'feet East from the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 92 feet; thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 34 feet; thence Southeasterly to the actual point of beginning. Par 2: Lots 2,3,4 and 5, "Koehler's Addition to Mound" Lake Minnetonka except the Southerly 26 feet thereof, according to the recorded plat thereof. Par 3:~ That part of Lots '/ and 8, Block 11, "Lake Side Park: A.L. Crocker's 1st Divisiork Mound Minnetonka" described as beginning at the Northeast corner of Lot 3, "Koehler's Addition to Mound" Lake Minnetonka; thence West along the South line of said Lots ? and 8 1o the Easterly line of Linden Street (said Easterly line of Linden Street being described as follows.. Commencing at the Southwest corner of Lot 2, "Koehler's Addition-Io Mound" I.;a.ke Minnetonka; thence East along' the South line of said Lot 2, a distance of 2.50 feet to the point of beginning of the Easterly line being described herein; thence Northerly deflecting to the left 88 degrees 11 minutes, a distance of 60 feet; thence Northerly along a tangential curve to the right having a radius of 423.50 feet and a central angle of 20 degrees 46 minutes, a distance of 153.50 feet; thence Northerly along a tangential curve to the left having a radius of 167 feet, to its intersection with the Northeasterly line of LOt 8, "Lake Side Park: A.L. Crocker's 1st Division, Mound Minnetonka" and there terminating); thence Northerly along the Easterly line of said Linden Street a distance of 20 feet; thence Easterly to the point of beginning, according to the recorded plat thereof. Subject to and together with the easement created by the deed recorded in Book 1555 of Deeds, page 639 as to a part of the above described Southwest Quarter of the Southwest Quarter of Section 13, Township 117, Range 24, said easement being noted as a subject item in Certificate of Title No. 113433 for adjoining land; (See Order Doc. No. 955007) (as to ?ar 1) Cert. No. 625663 -' Name Loretta E. Corbett .Randy E. Bickmann Jack L. Hibbard City of Mound Hennepin County Kenneth B. Romness, Charles V. Carlson and Larry G allagher Medical Properties, a Minnesota general partnership Nature of Interest Fee (an Undivided 76% interest) Fee (an undivided 24% interest) Mortgage Assessments Taxes Easement Easement M.E. Mueller, a/k/a Milbert E. Mueller Easement George C. Shepherd, Jr. and Harriet C. Shepherd, husband and wife Easement Philip Lansing and Betty Lansing, husband and wife Easement William ,Scott Briekley and, , Christine M. Brickley Easement ! Description of Parcels 5 and ? (13-117-24-33-0800) (13-117-24-33-0059) Tracts A and B, Registered Land Survey No. 588, Files of Registrar of Titles, County of Hennepin. Cert. No, 63'0632 Name NatUre of Interest Kenneth B. Romness, Charles V. Carlson, and Larry Gallagher Fee Medical Properties, a Minnesota general partnership Mound Medicial Clinic, a partnership General Life Insurance Corporation of Wisconsin, Inc. Hennepin County Contract Vendee Lease Mortgage Lease ' . Easement ., Taxes City of Mound Byron H. Petersen M.E. Mueller, a/k/a Milbert E. Mueller Assessments AdverSe Claim Party Wall" Easement ' George C. Shepherd, Jr. and Harriet C. Shepherd, husband and wife William Seott Brickley and Christine M. Briekley Easement Easement Description of Pm-eels 6 and 8 (13-117-24-33-0060) (13-117-24-33-0061) Tracts C and D, Registered Land Survey No. 588, Files of Registrar Titles, County of Hennepin. Cert. 'No. 539737 Name Nature of Interest M.E. Mueller, a/k/a: Milbert E. Mueller Fee George C. Shepherd, Jr. Lessee Easement Party' Wall Byron H. Petersen Gregory J. Carlson Lessee Lessee Kenneth B. Romness, Charles V. Carlson and Larry Gal]agher M.E. Mueller, a/k/a Milbert E. Mueller Party Wall Easement Easement Harriet C. Shepherd Easement Party Wall William Scott Briekley and Christine M. Briekley Medical Properties, a Minnesota general partnership Easement Party Wall Lessee Easement Hennepin County City of Mound Easement Taxes Assessments Description of .Parcels 9 and 11 (13-117-24-33-0062) (13-117-24-33-0063) Tracts E,F,G,H,I,J and K, Registered Land Survey No. 588, Files of Registrar of Titles, County of Hennepin. Cert. No. 509919 George C. Shepherd, 'Jr. and Harriet C. Shepherd, · .. husband and wife M.E. Mueller, a/k/a Milbert E~ Mueller Hennepin County ' City of Mound" Kenneth B. Romness, Charles ¥. Carlson and Larry Gallagher Medical Properties, a - Minnesota general partnership William Scott Brickley and Christine M. Brickley Nature of Interest Fee Easement Party Wall Easement Easement Taxes Assessments Easement Easement Eas e_m ent . That none of the aforedeseribed lands is currently devoted to a public use. That pursuant to Minnesota Statutes 1984, See. 117.042, Petitioner i~a~'notified 'all above-listed owners by eertifi{ed mail dated August 9 ~ .'1985, of its intent' to'take possession of the above-described .easements on or after November 11 ~ 1985. ': WHEREFORE, your Petitioner prays that three commissioners with.two alternates be appointed to appraise the damages which ma~ be occasioned by such taking;, that it be adjudged and determined that the proposed taking appears to be neCess.ary and as such is authorized by law; that the Court issue an Order transferring tit, lc and possession to the Petitioner effective November 11. 1985; that the Court order and fix the time and place of the first meeting of the three commissioners'and pre-~cribe their compensation; and that raid commissioners be directed and instructed to file their Report with the clerk of district court no lster than 180 da~,s from the &re of 7 ·- '. - '" . :','.~"~'; .... -, ~;-', " ' , ...... the ~ourt% Order,' u~e~ a~d time ~ extended ~ further OrOer of th~ ~ourt. 9th day of-A~-:-~%~.~>.:.gu ' " ' '~"" ...... Dated ;. -_',.~.7.: : .... . . , '-. .... -HOUSING AND REDEVELOPMENT. AUTHOKIT¥ OF MOUND Petitioner??"." ~'-" : ~. ;:'7- :~ -: .- _ By WURST, PEARSON, HAMILTON.,. LARSON & UNDERWOOD Attorneys for Petitioner 'By /s/ Jame~ D. L'arson " , James D. Lo_rson #6063X ...... -. - 1100 First Bank Place West "~ ~ Minneapolis, Minnesota 55409. -~"'-'~'. ' ' '-' (~x~) ~a8-a~.00 300 Metro Square Bldg., St. Paul, MN 55101 General Office Telephone (612) 291-6359 REVIEW A Metropolitan Council I:;ulletin for community leaders Ed~tot: Jim Mart/n. For more /nformat/on, ca// the Communicat/on$ Department at 291-6464. (TDD 291-0904j. August 23. 1985 RECENT COUNCIL ACTIONS (Aug. 12-23) Solid Waste--The Council said the operation of a proposed facility to burn 200 tons a day of municipal solid waste in New Brighton does not require an environmental impact statement. Potential environmental problems from the facility can be managed through existing regulations, the Council said. The Council said a proposal to move sewage sludge ash from four lagoons adjacent to the Metro sewage treatment plant in St. Paul about 2,000 feet north, for placement on top of the old Pig's Eye landfill site, has no potential for significant environmental problems. The site will be developed as a park. An environmental impact statement is not needed, the Council said. The Council also said it would begin to amend its environmental impact-statement (ELS) "scoping" process for the proposed Hennepin County solid waste mass-burn resource recovery plant and waste transfer stations. The Council will identify which alternative sites are to be addessed in an ElS. Water Cluality-.--The Council amended its regional plan for sewage treatment and handling. The amendments outline an accelerated schedule for solving the region's combined sewer overflow problem--the discharge of about 4.6 billion gallons per year of raw sewage into the Mississippi River. The sewage comes from combined wastewater and stormwater sewers in St. Paul, Minneapolis and South St. Paul. The solution calls for the Metropolitan Waste Control Commission spending 812.5 million over the next five years on sewer separ'ation projects. The Council set October 10 as a date for a public hearing on a plan to protect the region's water resources and to develop an ability to deal with a severe water shortage or contamination situation (see "Public Hearings, Public Meetings"). Bloomington Development--The Council commented on the final environmental impact statement (ELS) prepared by Bloomington for a proposed construction project by Homart Corp. The project calls for building four office buildings, about 350 hotel' rooms and up to 5,100 parking spaces on the northwest corner of Interstate Hwy. 494 and France Ay. The Council said the ElS does not adequately address issues of sewer capacity, the availability of regional funding to install larger sewers, nor does. it adequately address consultation with the Metropolitan Waste Control Commision in financing and scheduling of sewer construction, Airports--The Council submitted advisory comments to the city of Ramsey concerning a proposed $6 million improvement to Gateway North Industrial Airport in the city..The Council said projected aviation growth rates were higher than regional forecasts and that more study was needed of noise and comparing the cost effectiveness of the current airport site with other sites. The Council said proposed improvements would not conflict with or substitute for building a new general aviation airport in northwestern Hennepin County, Parks--The Council set Sept. 30 as the date for a public hearing on its revised policy plan for regional parks, park reserves and trails. The policy plan includes a capital improvement program that calls for spending $125 million over the next 10 years (see "Public Hearings, Public ~S. FP, AN CLERK CITY OF F:OL,~D 5341 ~,~YWOCD ,~D ~OUND ,Y~q 55364 Meetings"). Health--The Council adopted an interim policy on reviewing high-cost, Iow-volume, specialized hospital inpatient services. The federal 1122. review is for new or additional services or major relocations of services that draw patients from the region, state or out of state, NEW APPOINTMENTS The Council made the following appointments to its Metropolitan Land Use Advisory Committee: Gerald Stelzel, Farmington; and Rosemary Thorsen, Golden Valley. PUBLIC HEARINGS, PUBLIC MEETINGS The Metropolitan Council will hold nine public hearings in September and early October. Except where otherwise noted, the hearings will be in the Council offices. Information on the subject of each hearing and confirmation of the date and time are available by calling 291-6464. The schedule is as follows: Sept. 9: Metropolitan River Corridors Study. The public will have an opportunity to comment on a draft study report' on how the Minnesota, St. Croix and Mississippi River corridors should be managed. Held by the Metropolitan River Corridors Study Committee. Stiltwater High School. 7:30-10 p.rn. Sept. 10: Metropolitan River Corridors Study (see Sept. 9). 7:30-10 p.m. Sept. 11: Fairview-Southdale Hospital's request to expand its cardiology program to include adult open-heart surgery. Held by the Metropolitan Health Planning Board. 5 p.m. · SepL 11: Metropolitan River Corridors Study (see Sept. 9). Burnsville High School. 7:30-10 p.m. Sept. 12: Amendments to the Housing chapter of the Metropolitan Development Guide. Proposed changes to the Housing chapter clarify the guidelines for the content and scope of the comments the Council makes on local housing bond activity and the different time frames that apply to housing bond plans and individual bond programs. 1:30 p.m. Sept- 12: The Council's proposed 1986 work program and budget. 5 p.m. Sept- 12: Metropolitan River Corridors Study (see Sept. 9). Hennepin County Government Center, Minneapolis, 7:30-10 p.m. Sept- 30: Revised Parks and Open Space Policy Plan. The capital improvement program is revised in the Recreation Open Space Development Guide/Policy Plan. 7 p.m. Oct. 10: Part 3 of the Water Resources Management Guide, a proposed water availability and use plan for the region, 7 p.m. Changed Dates- Two changes have been made in the review schedule for amendments to the Solid Waste Management Development Guide/Policy Plan. The new dates are: Oct. 16: Public hearing on amendments. Oct 30: Public hearing record closes. GARDEBRING ANNOUNCES MAJOR REORGANIZATION OF STAFF STRUCTURE Council Chair Sandra Gardebring has announced a major reorganization of the Metropolitan Council staff structure. The new plan is designed to make the organization's structure more flexible, enhance its stability, improve management accountability, and create new career challenges and opportunities for employees. Under the plan, which will be implemented in stages between now and December, the Council will be made up of the Office o4 the Chair and ~ive newly structured departments-- Administration, Community Services, Human Services, Metro Systems, and Research and :-Range Planning. is a change from 12 departments the Council has had a staff reorganization in mid-1983, before Gardebring became chair. Gardebring said the new structure will enable the Council to take on with renewed vigor both its immediate, 1986 priorities and the long-range challenges facing the regior~ No employee will lose his or her job as a result of the reorganization, she added, Donald Carroll, who has beer~ director of administration,. will be come deputy executive director, a new position. Maurice Dorton, who has been executive director, remains in that position. Jon Elam. city manager of Mound, was named head of administration. Judy Pinke, assistant commissioner for finance and administration of the Minnesota Department of Transportation. will head the Metro Systems Department Nancy Reeves, who has directed the Council's housing planning, will head human, services. Marge Hols, the Councils communications director, will head community services. Roger Israel, who has been Council director of planning, will head research and long- range planning. VACANCIES OPEN ON FIVE COUNCIL COMMITTEES The Metropolitan Council is seeking applicants to serve on its developmental disabilities, minority issues and waste management advisory committees and its health and transportation planning boards. The Developmental Disabilities Advisory Committeehas five openings for people who are developmentally disabled or their parents and five openings for providers of social, health or communications services for developmentally disabled people, or members of the general public. Citizens from the-following Council districts are encouraged to apply: Dist. 6, north and northeast Minneapolis; 11, St Louis Park, Golden Valley, Robbinsdale and Edina; .13, western Hennepin County, including the Lake Minnetonka area, Eden Prairie and Hopkins; and 16, southern Dak~)ta and 3ingtor~ Counties. Minority Issues Advisory Committee has one opening an applicant living anywhere in the seven-county Metropolitan Area. Anyone may apply for the vacancy, but applications from the area's American Indian community are especially' encouraged, The Metropolitan Waste Management Advisory Committee, which advises the Council on the reuse and safe disposal of the region's trash, has an opening for a local government representative. The Transportation Advisory Board, which advises the Council on regional highway, transit and airport systems, has four openings for citizen representatives. Applications are encouraged from the following Council districts: 1, the northern half of St. Paul; 2, the southern half of St. Paul, excluding Highland Park; 3, southern Ramsay County suburbs; 4, the south-central third of Minneapolis; 5, the southern and western third of Minneapolis; 6, north and northeast Minneapolis; 7, northern Washington and Ramsay Counties. plus Lino Lakes 'and Centerville; and 10, Crystal, New Hope, Brooklyn Center, .Brooklyn Park and Osseo. The Metropolitan Health Planning Board, which advises the Council on health care and cost issues, has one opening for a local official or consumer representative. Citizens from Council district 11 (St Louis Park, Robbinsdale, Golden Valley and Edina) are encouraged to apply. The application deadline is Sept. 13. The Council expects to make appointments Sept. 26. For applications and information, contact Sandi Lindstrom at ~91-6390. . CANDIDATES SOUGHT FOR TWO REGIONAL TRANSIT BOARD COMMITTEES The Regional Transit Board (RTB) has vacancies on the Rideshare Advisory Committee and the Taxicab Advisory Committee, Citizens interested in serving on either committee )uld call the RTB at 292-8789 for more information and cations, COUNCIL TO TAKE CAREFUL LOOK AT PROPOSED MECA-MALL IN BLOOMINGTON The Metropolitan Council will do an in-depth "metropolitan significance" study o( the proposal (or a $1.5 billion mega-mall in Bloomington. The study will be an extensive economic analysis of the project, including how it might fare once built, its potential regional impact, the public subsidies it will receive and the potential loss to the region and state if the mall were built elsewhere. The study will also include a thorough investigation of the potential impact of the project on regional transportation, sewer, park and airport systems. NEW PUBLICATIONS Consumer's Guide to Obstetric Care, Twin Cities Metropolitan Area. July 1985. Guide tells what to consider when you pick an obstetric (OB) physician or midwife. Includes questions to ask and information on each of 384 OB professionals in area, including their practices in providing care. No. 18-85-071; 240 pp.; $3.50. Metropolitan Commission Districts and Their Members. Aug. 1985. Map shows district boundaries for Metropolitan Waste Control Commission, Metropolitan Parks and Open Space Commission, and Regional Transit Board. Also lists members of three agencies. No. 08-85-115; no charge. COMING M~.ETINGS (Sept. 3-19) (Meetings are tentative. To verify, call 291-6464.) Metropolitan Council Committee of the Whole (fiscal disparities/me9a-mall), Tuesday, Sept. 3, 3 p.m., Council Chambers. Regional Transit Board, Tuesday, Sept. 3, 4 p.m., Conference Rooms A and B. Technical Advisory Committee ('of the Transportation Advisory Board), Wednesday, Sept. 4, 9 a.m., Council Chambers. Environmental Resources Committee, Wednesday, Sept 4, 4 p.m.. Conference Room E. Chair's Advisory Committee, Wednesday, Sept. 4, 7:30 p.m., Council Chambers. Management Committee, Thursday, Sept. 5, 8:30 a.m., Council Chambers. Metropolitan River Corridors Study Committee, Thursday, Sept. 5, 12:30 p.m., Conference Room E. Metropolitan and Community Development Committee,Thursday, S~pt. 5, 1:30 p.m., Council Chambers. Aviation Policy Plan Task Force, Friday, Sept_ 8, 9 a.m., Council Chambers. Metropolitan Systems Committee, Friday, Sept 8, 4 p.m., · Conference Room E. Minority Issues Advisory Committee, Monday, Sept. 9, 4 p.m., Conference Room A. Metropolitan Parks and Open Space Commission, Monday, Sept 9, 4 p.m., Council Chambers. Developmental Disabilities Advisory Committee, T~J~Sday, Sept. 10, 1 p.m., Conference Rooms C and D. Metropolitan Waste Management Advisory Committee,Tuesday, Sept. 10, 2 p.m., Council Chambers. Metropolitan Housing and Redevelopment Authority Advisory Committee, Wednesday, Sept. 11, 9 a.m., Lower Level 30, Conference Room 1, Metropolitan Health Planning Board, Wednesday, Sept 11, 4 p.m., Council Chambers. Metropolitan Council, Thursday, Sept. 12, 4 p.m., Council Chambers. Management Committee, Friday. Sept. 13, 8:30 a.m., Council Chambers. Metropolitan Council, Monday, Sept. 16, 3 p.m., Council Chambers. Regional Transit Board, Monday, Sept 16, 4 p.m., Council Chambers. Arts Advisory Committee, Tuesday, Sept 17, 5:15 p.m., Conference Room E. Transportation Advisory Board, Wednesday, S;pt 18, 2 p.m., Council Chambers. Environmental Resources Committee, Wednesday, Sept. 18, 4 p.m., Conference Room F_ Metropolitan River Corridors Study Committee, Thursday, Sept. 19, 12:30 p.m., Conference Room E. Metropolitan and Community Development Committee,Thursday, Sept. 19, 1:30 p.m., Council Chambers. Management Committee, Thursday, Sept. 19. 3 p.m., Council Chambers. CITY of ORONO Post Office Box 66-Crystal Bay, Minnesota 55323. Municipal Offices On the North Shore of Lake Minnetonka September 6, 1985 Ms. Francene Clark, City Clerk City of Mound 5341 Maywood Road Mound, MN 55364 Dear Fran, As you are aware Hennepin County was able to gain the variance necessary to construct County Road 15 to the plan proposed and agreed tO by the communities. It is our present understanding, as noted in the sample letter, that the construction for the project is not anticipated to commence until 1989. Now that the variance has been granted, it may be appropriate that. we undertake efforts to get the project constructed in a more timely fashion. On behalf of the Orono City Council I have been asked to request to initiate support to see if an earlier construction is feasible. Please let me know if you are interested. Should you have further questions, please feel free to contact me. Sincerely, ~k 'Bernhardson City Administrator Enclosure BUILDING & ZONING - 473-7357 ® ADMINISTRATION & FINANCE - 473-7358 · PUBLIC WORKS - 473-7359 ASSESSING PRAFT - SAMPLE LETTER Commissioner Bud Robb, Jr. A-2400 Government Center Minneapolis, MN 55487 Mr. Vern Genzlinger Associate County Administrator & County Engineer Bureau of Public Service Room A-2307 Hennepin County Government center Minneapolis, MN 55487 Dear Sirs: On behalf of the City Council of the City of I would like to thank .you for the efforts that you have gone to in developing the County Road 15 proposal and the extent to which you went in getting the variance approved for the construction. It is our present understanding that construction of the segment from Mound to Navarre is presently programmed for construction starting in 1989. On behalf of the City Council we would like to encourage you to make your best efforts to see if this project, now that it has been approved, can be moved up in the capital budgeting program in order to reconstruct the road in a more timely manner. As a representative of the City.we would be~happy to sit down and discuss this matter further with you to determine what other actions we may take in order to facilitate this construction. Sincerely, RESOLUTION NO. REVISED 3 A RESOLUTION ESTABLISHING A VARIANCE FOR PROPERT~f AT 2624 WESTEDGE BOULEVARD IN MOUND W~E~, Aaron M. Applequist and Mary J. Pacholke, who reside at 2624 Westedge Boulevard, Mound, Minnesota, have made application to the City for a variance on a nonconforming property;.and : ' WHEREAS, the Building Inspector ~as ~ep~rted to this Council that ~he property is located in the R~I District and requires a lot area of 10,000 square feet and a lot width of 60 feet, and aminimum floor area for the house of 840 square, feet; and WHEREAS, the Building.Inspector has examined the house and is of the opinion that property owners would be better off if they demolished the existing structure and started over but Aaron.Applequist and Mary Pacholke are purchasing this property under a contract for deed from the Estate of Christ Kallevig and the personal'representative for that estate is Everett Kallevig, and it is their belief that they can rehabilitate this structure; and ....'::..... ~ .'~. 'WHERFJkS, on July 8, 1985 the Planning CommissiOn reviewed the request for variances and the right to add on or structurally change the building and the Planning Commission recommended to this Council that the request for a variance be deniedlfor all the reasons set forth in the hearing and the staff report; and' WHEREAS, on July 23, 1985 this matter was returned to the City Council who consider, ed it and have directed the staff to work with the property owners to attempt to rehabilitate the structure; and W]REREAS, at the direction of the 'City council the Building Inspector did go out and make a co~pl'ete and thorough review of this building, all of which is set forth in a report entitled,' "Report of Inspection Relative to Hazardous and Dangerous Buildings", dated July 31, 1985 and attached hereto as 'Exhibit A'; and WHEREAS, the Building Inspector. has recommended to this Council that n.o. variance be granted unless all of the work set forth in her report and as set forth in this resolution be accomplished and that a copy of this resolution.be placed of record in the office of the County Recorder and/or Registrar bf Titles of Hennepin County so that the work will be done or the City will be authorized to proceed under a bond; and ~/~I~RE'~,S~.Fu'~o'n' ~-h~'-~'i'~ 'o~"~-"~'~Y '~-~his resolution showing a complete understandi.ng of its terms by .Mary Pacholke, Aaron Applequist and Personal Representa- tive Everett Kallevjg 'for the Estate of Christ Kallevig, then in that event, the City may proceed to)grant the variance and. authorize a two year building permit for the repairs, improvements and addition to this property in accordance with the additional terms of this resolution, · NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound: ~ 1. Personal Representative, Everett Kallevig, for the Estate of Christ Kelley!§, and.Mary Pachoike and Aaron Applequist, contract for deedYendees, are hereby, granteda variance'and are to be issued a two year building permit for repairs, improvements and an addition to the property at 2624 Westedge Boulevard as'shown on Exhibits B and C in the City of Mound based upon the following terms: A.' All safety and health provisions required by the Building Inspector and set forth.in Exhibit B shall be completed by the applicants. B, A performance bond or.letter~ of.credit in the amount of $17',500. shall be filed running to the City of Mound or escrow account to be used exclusively for the repairs-and'improvements~ tolthe str. ucture in the amount of $17,500. which .provides that.if the work on this structure has not been completed by December-1, 1987, two years from the issuance of' the building permit, the City of Mound shall have the legal authority, to. go in and' .enter upon the property to' complete the work or to have the' property demolished. ........... 2' The fee owner a~d the"cohtract vendee purchasers shall execute a copy of this resolution indicating their .complete and total agreement. with this arrangement. 3.- A copy of this resolution shall be filed in 'the Office of the County Recorder and/or Registrar of Titles signed by Personal Representative Everett'K.allevig for the Estate of Christ Kallevig and by Aaron Applequist and Mary Pacholke, as contract vendees, £ndicating that the City of Mound shall have the right to enter upon the following legally describedparcel to complete the work in accordance with this resolution or shall have the authority to have the property demolished if ..al.!~ work__.. · .~required·b~ this r.es0.1ution'.are.__not eompleted.~o.n. !. D~cember ~3l,"i987~ two years from issuance of the buildi.ng permit..The property is t.egally described as fol 1 ows: "The North 50 feet of ~h'~'-~art of Government' Lot 3 of 23, Township 117 North, .Range 24, West of the Fifth Principal Meridian, described as follows: Beginning 227.5 feet South of the Southeast corner of .Government Lot 4 on the West line · of said Government Lot 3; thence South. along said West line a distance of 100 feet; thence..at right angles East 506.3 feet more or less to'th'e shore of Lake Langdon; thence Northwesterly. ~long said shore line '137._ more or less to a line' drawn east perpendicular to said 'West line from the point of beginnihg; · ' thence West to the point 6f beginning." 4..· The follOwing listed' minimum improvements shall be made on or before-.Decemberi!3].1985 to make this habitable during the winter season: · . A. A~ approved heating insta]]atio~capable of maintainin.? a room "~temperature of 70°F·at a point 3. feet above 'the floor in all habitable rooms. B. Install a water heater with connections to' a.bath tub'.or shower and kitchen sink; install waste, vent and'water supply to all existing plumbing fix- tures. Installation of heat tapes, insulation or'anything necessary to prevent freezing of water.pipes if this is a problem~ ~ 5. The fee owners and contract vendee-owners 'shall agree to hold the City of Mound.and any and all of its officers harmless from any and al! claims which may result from health or safety hazards on the property and from which any of.said 6. ..The City of Mound shall furnish on completion of the repairs contained in this resolution a Certificate'of Completion of Repairs to be filed with the Office of the County-Recorder and/or Registrar of Titles'of Hennepin~County. Attest: Mayor City Clerk We, the undersigned, are all of the fee owners and/or contract for deed purchasers of the above legally described parcel. We agree to all of the terms contained in this resolution and understand 'that an executed certified copy of this resolution will be filed with the County Recorder and/or Registrar of Titles of Hennepin County. We further agree that if all work is .not completed on December .ql , 198..7., the City of Mound or its agents may enter upon the above property and complete all the work agreed to and set f°'rth in the resolution. .. Mary Pacholke Aaron Applequist Everett Kallevig, Personal Representative of Estate of Christ Kallevig State of Minnesota County of -' of The foregoing instrument was acknowledged before me this , 19 ., by day Notary Public E×H~B~T "~" The two year building'permit shall also include the fOllowing addition to make the house conforming in size and improvements on the existing structure: 1. 20' ,X 26' ~ddition to be constructed on the west side of the'exiSting structure.~ 2. 'Full basement. 3. )~asonry chimney to be installed. 4~.~ Roof replaced to cha.nge the roofline~ · 5. Windows replaced.. 6. Wall and floor coverings replaced where'needed~and insulation added where needed. -. 7. Kitchen enlarged With cabinet and counter space added. 8. Living.area enlarged by removing east living room wall. 9. Old siding replaced.. Minnesota Pollution Control Agency September 9, 1985 Mr. John Ogren 1750 South Greeley Street Stillwater,"Minnesota 55082 Dear Mr. Ogren: This letter concerns the gaSoline contamination at the site of the former Metro 500 station in Mound, Minnesota. As you are aware, monitoring wells installed near the.station in- dicated gasoline contamination of the ground water. In addition, I observed the site on July 3, 1985 when the underground tanks were removed and it was evident that liquid gasoline was present in the excavation at that time. Because n© effort was made to remove contaminated soil or recover gasoline at that time, the Minnesota Pollution Control Agency will require that additional recovery activities be undertaken at this site. This should include installation of a monitoring well or recovery well in the area where the underground tanks were re- moved and a determination made regarding the feasibility of a recovery well for groundwater clean up at the site. Please respond to this letter by October 1, 1985 indicating what actions will be taken to address these concerns. If you have any questions, feel free to contact me at 612/296-7367. Sincerely, Mark Oppen Emergency Response Team Enforcement Section Division of Water Quality MO:bh cc: Kenneth Olson, Super America Jon Elam, City of Mound, City Manager's Office Phone: 612/296-7367 1935 West County Road B2, Roseville, Minnesota 55113-2785 Regional Offices · Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer RESOLUTION NO. RESOLUTHON PROVHDHNG FOR THE H$$UANCE AND SALE OF $1,800,000 GENERAL OBLIGATION TAX INCRENENT REDEVELOPNENT BONDS OF 1985 BE IT RESOLVED By the City Council of the City of Mound, Hennepin County, Minnesota, as follows: 1. Pursuant to the provisions of Minnesota Statutes, Sections 462.521 and 273.71 to 273.78 (collectively the "Act"), the Housing and Redevelopment Authority of the City of Mound (the "Authority") has applied to the City Council of the City of Mound (the "City") for approval of a redevelopment project, described as Town Square Redevelopment and Tax Increment Financing Plan (the "Tax Increment Financing District"). 2. The City Council held a public hearing after published notice and has made findings as required by the Act and has approved the Tax Increment Financing District by resolutions adopted on July 24, 1984, and August 13, 1985. 3. The Authority has requested the City to issue and sell its General Obligation Redevelopment Bonds to finance public redevelopment costs of the acquisition, development and redevelopment of certain parcels of land (collectively the "Project") within the Tax Increment Financing District, and will submit a Tax Increment Agreement (the "Agreement), to the Council which will pledge all captured tax increments to the repayment of general obligation bonds. 4. Funds are needed at this time to provide money for public improvements within the Tax Increment Financing District and to provide monies for administrative costs, all of which costs (the "Public Redevelopment Cost") are presently estimated as follows: Project Costs Land Acquisition, Site Improvements, Demolition and Other Project Costs Est. $1,300,000 Issuance Costs, including Legal, Fiscal, and Administrative and Bond Rating Expenses Est. $ 73,000 Capitalized Interest $ 400,000 Allowance for Discount $1,773,000 $ 27,000 $ Total Bond Issue $1,800,000 5. The City is authorized by Section 273.77 of the Act to issue General Obligation Redevelopment Bonds of the City and the Authority by agreement wil pledge tax increments and revenues received from the District for the payment of principal of and interest on bonds issued in and for the redevelopment project pursuant to the Act. In addition, the redeveloper will guarantee up to 25% of principal and interest coming due in any year and will support said guarantee by filing a letter of credit with the HRA. 6. The pledge of tax increments must be made by written agreement executed by the Authority and the City and filed with the County Auditor and when such an agreement is made and filed, the City may issue general obligation bonds as provided in Minnesota Statutes, Chapter 475. Said agreement which is attached is approved and shall be and is confirmed and ratified as a part of this sale. 7. The Authority has adopted a resolution determining the need for the financing, and has approved the agreement attached hereto and marked "Exhibit C", and has requested the City Council to issue General Obligation Redevelopment Bonds under the authority of the Act. 8. It is hereby determined that it is necessary for the City to sell its fully registered General Obligation Tax Increment Redevelopment Bonds to provide funds to finance the Public Redevelopment Costs of the Project and that the sum of $1,800,000 is necessary to defray the Public Redevelopment Costs. 9. The agreement attached hereto and marked "Exhibit C" is approved, and the City Clerk is directed to file a certified copy of the agreement with the County Auditor of Hennepin County and obtain a certificate of filing. 10. In order to provide financing for such costs, the City shall therefore issue and sell its General Obligation Tax Increment Redevelopment Bonds of 1985 (the "Tax Increment Bonds") in the amount of $1,773,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Tax Increment Bonds shall be issued in the amount of $27,000. Any excess of the purchase price over the sum of $1,773,000 shall be credited to the debt service fund for the purpose of paying interest first coming due on the Tax Increment Bonds. 11. The bonds shall be issued and sold in accordance with the terms of the attached Official Notice of Sale, long and short forms, and marked "Exhibit A" and "Exhibit B", and the form set forth in Exhibit B shall be published in accordance with Minn. Statutes, Chapter 475. Passed and adopted this day of the following vote: Aye. ; No .... ; Absent , 1985, with Approved and signed this day of · 1985. Mayor Attest: City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting City Clerkof the City of Mound, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a (regular) (special) meeting of the City Council of said City held on ,1985, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985 of the City. WI~%~E$$ My hand as such Clerk and the corporate seal of the City this day of ,1985. (SEAL) City Clerk City of Mound Exhibit A NOTICE OF SALE $1,800,000 GENERAL OBLIGATION TAX INCREMENT REDEVELOPMENT BONDS OF 1985 CITY OF MOUND HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 12:00 noon at the City Hall in the City of Mound, Minnesota, on Tuesday, October 22, 1985, at which time the bids will be opened and tabulated, and considered by the City Council at its regular meeting which commences at 7:30 p.m. on said date. The aforedescribed Bonds are issued on the following terms: The purpose of the Tax Increment Redevelopment Bonds is to provide funds to finance the public redevelopment costs of a redevelopment project in a Tax Increment Financing District of the City. The Bonds will be general obligations of the issuer, for which its full faith, credit, and taxing powers are pledged. The Bonds will be dated, as originally issued, as of October 1, 1985; will be issued as negotiable investment securities in registered form as to both principal and interest; and will be issuable in the denomination of $5,000 or any integral multiples thereof. The Bonds of this issue will mature October 1 in the following years and amounts: Year Amount Year Amount 1988 $ 35,000 1997 $125,000 1989 40,000 1998 125,000 1990 50,000 1999 150,000 1991 75,000 2000 150,000 1992 75,000 2001 150,000 1993 75,000 2002 150,000 1994 100,000 2003 150,000 1995 100,000 2004 150,000 1996 100,000 Bonds maturing after October 1, 1999, will be subject to redemption and prepayment, at the option of the City and in whole or in part, in inverse order of maturities, and by lot assigned in proportion to their principal amount, within any maturity, on October 1, 1999, and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. The City will appoint a suitable bank to act as Bond Registrar, Transfer Agent, and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond, and transfers of ownership will be effected by the Registrar. The City will pay the charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. Interest will be payable each October 1 and April 1, commencing April 1, 1986, to the registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Not more than 15 interest rates may be specified for the issue. Each rate must be expressed in an integral multiple of 5/100ths of 1%, and no rate of interest nor the net effective rate of the issue may exceed the maximum legal rate determined pursuant to Minnesota Statutes, Section 475.55. Within 40 days after the sale, the City will deliver to the Bond Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Bond Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the Bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification, and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in funds available for expenditure by the City on the day of payment. The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. An unqualified legal opinion on this issue will be furnished by Messrs. Wurst, Pearson, Hamilton, Larson and Underwood, of Minneapolis, Minnesota. The legal opinion will state that the bonds are valid and binding general obligations of the City, and the City is obligated and required to levy taxes for the principal and interest thereon as the same become due without limitation as to rate or amount, except to the extent enforceability may be limited by State of Minnesota or United States laws relating to bankruptcy, reorganization, moratorium, or creditors' rights generally. Sealed bids must be mailed or delivered to the undersigned and must be received prior to 12:00 noon October 22, 1985. The City Council will meet at 7:30 p.m. on said date to consider the award and sale of the Bonds. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $36,000 payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. Comparison of bids will be made on the basis of total interest cost, the bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $1,800,000 bid for principal) will be deemed the most favorable. In the event that two or more bids state the lowest net interest cost, the sale of the Bonds will be awarded by lot. No oral bid and no bid of less than $1,773,000 for principal plus accrued interest on all of the Bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CI~'Y COUNCIL Dated , 1985. Fran Clark City Clerk City of Mound, Minnesota Exhibit B NOTICE OF SALE $1,800,000 GENERAL OBLIGATION TAX INCRENENT KEDEVELOPNSNT BONDS OF 1985 CITY OF MOUND HENNEPIN COUNTY, MINNESOTA These Bonds will be offered on Tuesday, October 22, 1985. Bids will be received until 12:00 noon at the City Hall in the City of Mound, and the bids will be considered by the City Council at 7:30 p.m. on said date. Dated October 1, 1985, the Bonds will mature on October 1 in the years and amounts as follows: Year Amount Year Amount 1988 $ 35,000 1997 $125,000 1989 40,000 1998 125,000 1990 50,000 1999 150,000 1991 75,000 2000 150,000 1992 75,000 2001 150,000 1993 75,000 2002 150,000 1994 100,000 2003 150,000 1995 100,000 2004 150,000 1996 100,000 Bonds maturing after October 1, 1999, will be subject to redemption and prepayment at the option of the City and in whole or in part, in inverse order of maturities and by lot assigned in proportion to their principal amount, within any maturity, on October 1, 1999, and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. The City will appoint a suitable bank who will act as Bond Registrar, Transfer Agent, and Paying Agent. Interest will be payable on each October 1 and April 1, commencing April 1, 1986, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day of the immediately preceding month. No rate of interest nor the net effective rate of the issue may exceed the maximum legal rate determined pursuant to Minnesota Statutes, Section 475.55. An unqualified legal opinion will be furnished by Messrs. Wurst, Pearson, Hamilton, Larson and Underwood, of Minneapolis, Minnesota. The purpose of the Tax Increment Redevelopment Bonds is to provide monies to finance public redevelopment costs in a redevelopment project area. The Redevelopment Bonds will be paid from tax increments from properties within the project area and general funds of the City if necessary. No bid of less than $1,773,000 will be considered. BY ORDER OF THE CITY COUNCIL Dated .... , 1985. Fran Clark City Clerk Mound, Minnesota RESOLUTIO~ NO. A RESOLUTION DETERMINING NEED FOR FINANCING= REQUESTING THE CITY COUNCILTOAUTHORIZE THE ISSUANCE OF GENERAL OBLIGATIONREDEVELOPMENTBONDSTOFINANCE REDEVELOPMENT PROJECT IN A TAX INCREMENT FINANCING DISTRICT 1. Pursuant to the provisions of Minnesota Statutes, Secfion 462.521 and 273.71 to 273.78 (collectively the "Act"), this Authority has applied to the City Council of the City of Mound (the "City") for approval of a redevelopment project, described as Town Square Redevelopment and Tax Increment Financing Plan (the "Tax Increment Financing District"). 2. The City Council held a public hearing after public notice and has made findings as required by the Act and has approved the Tax Increment Financing District by resolutions adopted on July 24, 1984 and August 13, 1985. 3. It is now necessary to proceed with the improvements and the acquisition of the properties to proceed on Town Square. The estimated cost of the project, including capitalized interest, is $2,125,000. The HRAbelieves that the issuance of $1,800,000 now may cover the cost of the project. If additional monies are necessary, a second issue can be sold later. 4. The Authority hereby requests the City to issue and sell its General Obligation Redevelopment Bonds to finance public redevelopment costs of the acquisition, development and redevelopment of certain parcels of land (collectively the 'Project") within the Tax Increment Financing District. 5. Funds are needed at this time to provide money for public improvements within the Tax Increment Financing District and to provide monies for administrative costs, 'all of which costs (the 'Public Redevelopment Costs') are presently estimated as follows: Land Acquisition, Site ImproVements, Demolition and Other Project Costs Est. $1,300,000 Issuance Costs, including Legal, Fiscal, and Administrative and Bond Rating Expenses Est. $ 73,000 Capitalized Interest $ 400,000 Allowance for Discount $ 27,000 Total Bond Issue $1,800,000 This Authority has, pursuant to the Act, duly requested the County Auditor of ~ennepin County to certify the o~iginal assessed value in the District and to return the resulting tax increment to the Authority to finance the redevelopment of the District and said tax base has been frozen by the Auditor. 7. It is the intent of the Authority to utilize the authority granted by Section 273.77 of the Act by requesting the City to issue its General Obligation Redevelopment Bonds in one or more series (the "Bonds") to finance the Town Square Redevelopment Project within the District, and to pledge the Tax Increments from the District, together with revenues from the District, for the retirement of the Bonds. 8. This Authority hereby, and by the Tax Increment Agreement attached hereto as Exhibit A, pledges and appropriates all of the Tax Increments from the District and all revenues received from lands in the District while owned by this Authority for the payment of the principal~f and interest on Bonds when and if issued by the City in aid of the redevelopment project in the District. Exhibit A is incorporated in and made a part of this resolution and shall act as a pledge of funds for repayment of the 1985 series.bonds and for any parity bonds issued hereafter. 9. The form of the Tax Increment Agreement attached is approved and applies to this issue. 10. The Authority hereby requests the City Council of the City to authorize the issuance and sale of its General Obligation Redevelopment Bonds of 1985 in the aggregate principal amount of not to exceed $1,800,000, to finance a portion of the public redevelopment costs of the District.. 11. The Authority requests that each series of Bonds issued in aid of the District, and pursuant to the Tax Increment Agreement, be on a parity with each other series of Bonds so issued and be equally and ratably secured by the pledge of the Tax Increment Agreement and this resolution. 12'. Ail actiOns of this Authority and its officers and employees taken in connection with the adoption of the Tax Increment Financing District, the certification of such District to the County Auditor, and all other actions in connection with the establishment of the District are hereby ratified, confirmed and approved in all respects. Passed and adopted by the ~ousing and Redevelopment Authority of Mound on this ~=~ day of S~~ , 1985. Ayes 3 .; No O ; Absent -<~ . .... Ch~an ATTE ST: ~CnU~ Secretary THIS AC. REF/ E , made and entered into this q - day of .~=-7~r6~-r~ ., 1985, by and between the City of Mound, Minnesota, a municipal corporation organized and existing under and by virtue of the Laws of the State of Minnesota (the "City"), and the Housing and Redevelopment Authority of Mound, Minnesota, a public body corporate and politic formed and existing under the Laws of the State of Minnesota, (the "Authority"), WITNESSETH: WHEREAS, the Authority has approved a redevelopment project in a tax increment financing district described in the attached Exhibit entitled "'Town Square' Mound Housing and Redevelopment Authority Tax Increment Redevelopment Plan" (the "Tax Increment Financing District"), and has, by appropriate action~ applied to the City Council for approval of the Project, and WHEREAS, the City has by resolution approved the District, and Minnesota Statutes, Section 273.77, authorizes tax increment agreements between a Housing and Redevelopment Authority and the Municipality within which such tax increment districts are situated: NOW, THEREFORE, in consideration of the mutual covenants and. agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The Authority hereby expressly pledges that any and all ta~' increment payments made to the Authority by the Hennepin County Auditor from the Tax Increment Financing District, and all revenues from land within the District while such land owned by the Authority (or so much of such tax increments and revenues as may be necesary) shall be pledged and assigned to the City, for the purpose of payin9 the principal of, interest on and redemption premium, if any, of any and all bonds of the City which may hereafter be issued by the City for the financing of public redevelopment costs incurred in the District. 2. The City expressly agrees that it will from time to time and at the request of the Authority issue its General Obligation Redevelopment Bonds in separate series of Bonds to finance the public redevelopment costs in the District. 3. The City hereby acknowledges the request of the Authority, by its Resolution ofl~5-,~ S=-~ ~/ , 1985, to authorize and issue General Obligation Redevelopment Bonds of 1985, in the aggregate principal amount of not to exceed $1,800,000, and agrees that it will authorize and issue such Bonds, and will pledge the tax increments and revenues from the District to the payment of the Bonds as provided in the Act. 4. All series of Bonds isued pursuant to this Agreement shall be' on a parity one with the other, and the tax increments and other revenues pledged hereby shall be used solely for the purpose of payment of principal and interest on all such series of Bonds. 5. The parties hereto do hereby mutually agree that it is the express intent and purpose of.this agreement to utilize the provisions of. Minnesota Statutes, Sections 273.71 to 273.78, the Minnesota Tax Increment Financing Act, to finance public redevelopment costs within the District, and that all tax increments received with respect to the District shall b~' segregated by the Authority in a special account on its official books until the public redevelopment costs of the District, including interest on all money borrowed therefor, has been fully paid, and the City has been fully reimbursed from the tax increments or revenues from lands within the District for principal and interest on all Bonds which the City has issued in aid of the District and for monies which the City has paid from taxes levied on other property within the City's corporate limits for the payment of such principal and interest. IN WITNESS W~EREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF MOUND By (Seal) By Mayor City Manager (NO SEAL) HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND, MINNESOTA Chairman ~Tv~(,~ Secretary BIELS ..... .--September 10, 1985 (cont) Butchs Bar Supply Aug mix ~, mi~¢ Coca Cola Aug mix City Club Distrib Aug beer Day Distrib q Aug bAer East Side Beverage Aug beer Happys Potato Chips Aug misc Johnson Paper & Supply Aug bags Jude Candy Aug mi sc Kool Kube Ice Aug ice Mark VII Sales Aug beer Pogreba Distrib Aug beer .Pepsi Cola/7 Up A'ug mix Royal Crown Bev. Aug mix Twin City Home Juice Aug mix Thorpe Distrib Aug beer Lutz Tree Service Diseased tree removal 422.~2 32o. 74 6,023.67 4,070.11 4,604.00 123.59 164.78 70.43 324.60 1,272.O0 5,378.75 366.8O 93.70 47.71 7,623.75 54,337.11 54,184.34 108,521.45 5,145.00 113,666.45